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HomeMy WebLinkAbout2008-0714 PECMEMBERS PRESENT Rollie Kjesbo David Viele Michael Kurz Scott Proper Susie Tjossem PLANNING AND ENVIRONMENTAL COMMISSION July 14, 2008 1:OOpm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS ABSENT Bill Pierce Sarah Robinson-Paladino Site Visits: 1. Evergreen — 250 South Frontage Road West 2 3 30 Minutes A request for a recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for the enclosure of a pedestrian pathway through the southwest wing of the approved structure and creation of commercial square footage; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC080034) Applicant: Solaris LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: MOTION: SECOND: VOTE: 75 Minutes A request for a work session for review of a major exterior alteration, pursuant to Section 12-7H- 7, Exterior Alterations or Modifications; and requests for conditional use permits, pursuant to Section 12-7H-2, Permitted and Conditional Uses, Basement or Garden Level; Section 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level; 12-7H-4, Permitted and Conditional Uses; Second Floor and Above, Vail Town Code, to allow for the redevelopment of the Evergreen Lodge, with dwelling units, accommodation units, employee housing units, conference facilities and meeting rooms on the basement level, multi-family dwelling units on the first floor, and an eating and drinking establishment on the second floor, located at 250 South Frontage Road West/Lot 2, Block 1, Vail Lionshead Filing 2. (PEC080033) Applicant: HCT Development, represented by TJ Brink Planner: Rachel Friede ACTION: MOTION: SECOND: VOTE: 15 Minutes A request for a recommendation to the Vail Town Council to review the Vail Land Use Plan map, pursuant to Section 8-3, Vail Land use Plan to allow for a change in the land use designation from Community Office to Lionshead Redevelopment Master Plan for properties known as "Cascade Crossing" and "Vail Professional Building" (Future "Ever Vail"), located at 953 and 1031 South Frontage Road West/unplatted (A complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080036) Applicant: Town of Vail Planner: Nicole Peterson ACTION: MOTION: SECOND: VOTE: Page 1 30 Minutes 4. A request for a work session for prescribed regulations amendments to Section 14-10-7, Outdoor Lighting, Vail Town Code, to allow for amendments to the outdoor lighting standards, and setting forth details in regard thereto. (PEC080032) Applicant: Town of Vail Planner: Bill Gibson ACTION: MOTION: SECOND: VOTE: 5 Minutes 5. A request for work session for a major exterior alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, a request for a conditional use permit pursuant to Section 12-7B-5, Permitted and Conditional Uses; Above Second Floor, a request for variances from Section 12- 7B-15, Site Coverage, and Section 12-7B-16, Landscaping and Site Development, pursuant to Chapter 12-17, Variances, and a request for amendments to an adopted view corridor pursuant to Section 12-22-5, Amendments, and Section 12-22-6, Encroachments into Existing View Corridors, Vail Town Code, to allow for the re-development of the Clock Tower Building (Gorsuch Ltd. Building) to include three floors of above grade structure, a new clock tower, and an eating and drinking establishment above the second floor, located at 263 East Gore Creek Drive/Lots D and E, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC070025) Applicant: Gorsuch Ltd. and John P. McBride, represented by Resort Design Associates Planner: Scot Hunn ACTION: Table to August 25 2008 MOTION: SECOND: VOTE: 5 Minutes 6. A request for a final review of a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for public utilities installations, located at 145 North Frontage Road West, Lot 1, Middle Creek Subdivision and setting forth details in regard thereto. (PEC080031) Applicant: Cricket Communications Inc., represented by Mike Sharlow Planner: Nicole Peterson ACTION: Withdrawn 7. Approval of June 23, 2008 minutes MOTION: SECOND: VOTE: 8. Information Update 9. Adjournment MOTION: SECOND: VOTE: The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published July 11, 2008, in the Vail Daily. Page 2 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 14, 2008 SUBJECT: A request for a recommendation to the Vail Town Council on a proposed major amendmentto Special Development District No. 39, Crossroads, pursuanttoArticle 12-9(A), Special Development District, Vail Town Code, to allow for the enclosure of a pedestrian pathway through the southwest wing of the approved structure and creation of commercial square footage; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC080034) Applicant: Solaris LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell SUMMARY The applicant, Solaris LLC, represented by Mauriello Planning Group, LLC, are requesting a recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuantto Article 12-9(A), Special Development District, Vail Town Code, to allow for the enclosure of a pedestrian pathway through the southwest wing of the approved structure and creation of commercial square footage; located at 141 and 143 Meadow Drive. Upon review of the applicable elements of the Town's planning documents and adopted criteria for review, the Community Development Department is recommending the Planning and Environmental Commission forwards a recommendation of denial of the applicanYs request for a major amendment to Special development District (SDD) No. 39, Crossroads, to the Vail Town Council. A complete summary of our review is provided in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicants, Solaris LLC, represented by Mauriello Planning Group, LLC, are requesting a recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for an increase in the amount of commercial/retail square foot within the Solaris development by enclosing the tunnel which has been approved through the southwest wing of the structure connecting the Solaris Plaza to the pedestrian network within the Vail Village Inn. Special Development District No. 39, Crossroads, was established bythe Town Council on the recommendation of the Planning and Environmental Commission on March 21, 2006 to facilitate the redevelopment of the existing Crossroads site, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. According to the Official Town of Vail Zoning Map, the proposed development site is located in the Commercial Service Center (CSC) zone district. As such, development on the site shall be governed bythe regulations outlined in Article 7E, Commercial Service Center (CSC) District, Title 12, Zoning Regulations, Vail Town Code. The key elements of the proposed major amendment to SDD No. 39, Crossroads, include: • An increase in commercial space from 45,160 square feet to 45,893 square feet of new retail and restaurant (does not include theater and bowling alley area) space at the pedestrian level and one floor above surrounding the public plaza; • An increase in the number of provided deed restricted employee housing units from 22 to 23 beds; • An increase to the number of required parking spaces by 2 spaces to a total of 220 spaces leaving 81 remaining for the private parking club. A reduced copy of the floor plans depicting the approved first floor retail plan and the proposed plan with the tunnel converted to retail, have been attached for reference (Attachment A). A copy of the text detailing the application entitled Application for an Amendment to Special Development District No, 39, Crossroads, to Allow forthe Enclosure of a Tunnel dated June 2008, is attached for reference (Attachment B). Staff has attached correspondence received by neighboring properties owners regarding this application (Attachment C). III. BACKGROUND • This property was annexed into the Town of Vail by Court order on August 26, 1966, as a part of the Original Town of Vail. • The existing Crossroads was developed in the 1970's as a mixed use development which has changed little since. • The Crossroads property is one of three properties zoned Commercial Service Center. The other two properties are the Gateway Building and the WestStar Bank Building, both of which are Special Development Districts. • On January 3, 2006, Staff went before the Town Council to discuss two options regarding the review ofthe proposed Crossroads development. Staff recommended that the option of looking at potential amendments and updates to the Commercial Service Center zone district and Vail Village Master Plan was the appropriate course of action. At that meeting the Town Council voted 5-2-0 (Logan and Slifer opposed) to proceed forward with the Special Development District review process and to not take a look at amending the Commercial Service Centerzone district and Vail Village Master Plan. In addition, they affirmed four assumptions staff has made in the previous review of the project. • On January 9, 2006, the Commission held a work session to discuss the need for any additional material otherthan that submitted to aid in the review of the proposed Crossroads redevelopment. The Planning Department Staff recommended that a physical model which included adjacent properties to the Crossroads site be submitted to aid in the review and understanding of the project. The Commission found no physical model of adjacent properties and that no other additional information was required in orderto reviewthe proposal. One memberdid suggest a desire to have some demonstration of height of the proposed structure on site or in the vicinity. • On January 23, 2006, the Planning and Environmental Commission voted 5-2-0 (Viele and Lamb opposed) to forward a recommendation of approval of SDD No. 39, Crossroads, to the Vail Town Council. The Planning and Environmental Commission voted 7-0-0 to approve the conditional use permits for a major arcade; a theater; meeting rooms, and convention facilities; multiple-familydwellings; a private club (parking club); a bowling alley; and the outdoor operation of an accessory use (ice skating rink). • On March 21, 2006, the Town Council on second reading of Ordinance 5, Series of 2006, voted 4-3-0 (Slifer, Foley, and Logan opposed) to approve the adoption of SDD No. 39, Crossroads. • On February 26, 2007, the Planning and Environmental Commission recommended approval of a major amendment to SDD No. 39, Crossroads, to increase the number of dwelling units from 69 to 75. In addition an amendment to the Conditional Use Permit to allow for an increase in the number of dwelling units from 69 to 75 and a decrease in the number of parking spaces in the private parking club was decreased to 84 spaces was approved. Town Council adopted these amendments through the approval of Ordinance No. 10, Series of 2007. • On January 11, 2008, the Planning and Environmental Commission upheld the staff approval of a minor amendment to SDD No. 39, Crossroads, to allow for the relocation of the loading and delivery entrance door approximately 15 feet to the west of its approved location. IV. ROLES OF REVIEWING BOARDS Major Amendment to a Special Development District Order of Review: Generally, applications will be reviewed first by the PEC for impacts of use/development, then by the DRB for compliance of proposed buildings and site planning, and final approval by the Town Council. Planninq and Environmental Commission: The PEC shall review the proposal for and make a recommendation to the Town Council based upon the findings made on the criteria located in Chapter 12-9A, Special Development District, Vail Town Code. Desiqn Review Board: The DRB has no review authority on a SDD proposal, but must review any accompanying DRB application. The DRB review of an SDD prior to Town Council approval is purely advisory in nature. Sta ff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff inemo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: The Town Council takes into consideration the PEC's recommendation when reviewing an application for a special development district and is responsible for final approval/denial of an SDD. The Town Council shall review the proposal and approve/approve with conditions/deny the application based upon the findings made on the criteria located in Chapter 12-9A, Special Development District, Vail Town Code. V. APPLICABLE PLANNING DOCUMENTS Vail Villaqe Master Plan The Vail Village Master Plan is based on the premise that the Village can be planned and designed as a whole. It is intended to guide the Town in developing land use laws and policies for coordinating development by the public and private sectors in Vail Village and in implementing community goals for public improvements. It is intended to result in ordinances and policies that will preserve and improve the unified and attractive appearance of Vail Village. Most importantly, this Master Plan shall serve as a guide to the staff, review boards, and Town Council in analyzing future proposals fordevelopment in Vail Village and in legislating effective ordinances to deal with such development. Furthermore, the Master Plan provides a clearly stated set of goals and objectives outlining how the Village will grow in the future. Goals for Vail Village are summarized in six major goal statements. While there is a certain amount of overlap between these six goals, each focuses on a particular aspect of the Village and the community as a whole. The goal statements are designed to establish a framework, or direction, for the future growth of the Village. A series of objectives outline specific steps that can be taken toward achieving each stated goal. Policy statements have been developed to guide the Town's decision-making in achieving each of the stated objectives, whether it be through the review of private sector development proposals or in implementing capital improvement projects. The Vail Village Master Plan is intended to serve as a guide to the staff, review boards and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. The most significant elements of the Master Plan are the goals, objectives, policies and action steps. They are the working tools of the Master Plan. They establish the broad framework and vision, but also layout the specific policies and action steps that will be used to implement the Plan. Specific Sub- Area Details found in the Vail Village Master Plan which apply to the Solaris development site. Mixed Use Sub Area (#1) The Mixed-Use sub-area is a prominent activity center for Vail Village. It is distinguished from the Village core by the larger scale buildings and by the limited auto traffic along East Meadow Drive. Comprised of five major development projects, this sub-area is characterized by a mixture of residential/lodging and commercial activity. There is a great deal of potential for improvements to both public and private facilities in the area. Among these is the opportunity to develop gateway entries to the Village at the 4-way stop and at the intersection of Vail Road and Meadow Drive. It is a/so a long term goal to strengthen the connection between this area and the Village core area by reinforcing the established pedestrian linkages. Pedestrianization in this area may benefit from the development of retail infill with associated pedestrian improvements along East Meadow Drive and the development of public access to Gore Creek. A significant increase in the Village's overnight bed base will occur in this sub-area with the development of the final phase of the Vail Village Inn project. In addition, commercial and residential/lodging development potential is identified in sub-area concepts 3, 4, 6, and 8. The completion of these projects will essentially leave the sub-area "built out". #1-6 Crossroads Infill Commercial infill over new underground parking lot in conjunction with a large public plaza with greenspace area (existing and new parking demand to be provided on site). While configuration ofinfill may be done a numberof ways, it is the overall intent to replace existing surface parking with pedestrian corridors into a commercial area, as well as to provide a strong building edge on Meadow Drive and streetscape improvements. Improvements of the planted buffer adjacent to the Frontage Road is a/so important. Relocation of the loading and delivery functions and entry to parking structure is strongly encouraged to reduce traffic on Meadow Drive. Potential to improve fire access also exists in the redevelopment scheme. Special emphasis on 2.4, 2.5, 2.6, 3.1, 4.1, 5.1, 6.1, and 6.2. Town of Vail Zoninq Requlations Staff has reviewed the Town of Vail Zoning Regulations (Title 12, Vail Town Code). We believe the following code sections are relevant to the review of the applicanYs request: Article E. Commercial Service Center (CSC) District (in part) 12-7E-1: Purpose: The Commercial Service Center District is intended to provide sites for general shopping and commercial facilities serving the Town, together with limited multiple-family dwelling and lodge uses as may be appropriate without interfering with the basic commercial functions of the District. The Commercial Service Center District is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted types ofbuildings and uses, and to maintain a convenient shopping center environment for permitted commercial uses. Article 12-9A: Special Development (SDD) District (in part) Section 12-9A-1: Purpose: The purpose of the special development district is to encouraqe flexibility and creativity in the development ofland in order to promote its most appropriate use; to improve the desipn character and puality of the new development with the town; to facilitate the adepuate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall poa/s of the community as stated in the Vail comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. The special development district does not apply to and is not available in the following zone districts: Hillside residential, single-family, duplex, primary/secondary. The elements of the development plan shall be as outlined in section 12-9A-6 of this article. VI. ZONING ANALYSIS According to the application information provided by the applicant, staff has performed an analysis of the proposal in relation to the requirements of the Vail Code. The deviations to the prescribed development standards are shown in bold text in the table below. The following is the zoning analysis of the currently approved development parameters for SDD No. 39, Crossroads. The deviations to the prescribed development standards are shown in bold text in the table below. Development Standard Lot Area: Buildable Area: Setbacks: Front (Frontage Road) West Side: East Side: Front (Meadow Drive): Building Height: Density: GRFA: Site Coverage: Allowed Proposed 20,000 sq. ft. 115,129 sq. ft. (2.643 acres) 115,129 sq. ft. 20' 0' to 19' 20' 2' (loading dock) to 25' 20' 0' to 25' 20' 0' to 150' 38' 99.9 ft. 18 units/acre 28.4 units /acre 47.5 D.U.s 75 D.U.s 46,051.6 sq. ft. 198,859 sq. ft. (40%) (172.7%) 86,346.8 sq. ft. 107,772 sq. ft. (75%) (93.6%) Landscape Area: Total 23,025.8 sq. ft. 43,316 sq. ft. (20% total site) (37.6% total site) Minimum Softscape of total permitted 18,420.6 sq. ft. 13,433 sq. ft. (80%) (31.0%) Maximum Hardscape of total permitted 4,605.1 sq. ft. 29,078 sq. ft. (20%) (67.1 %) Parking: 220 spaces 301 spaces (81 surplus spaces proposed to be in private parking club) VII. SURROUNDING LAND USES AND ZONING Land Use Zoninq North: CDOT ROW None South: Mixed Use Commercial Core II District/Public Accommodation East: Public Parking General Use District West: Mixed Use SDD No. 6 VIII. THE SPECIAL DEVELOPMENT DISTRICT MAJOR AMENDMENT REVIEW PROCESS Chapter 12-9 of the Town Code provides for the review of a major amendment to an established special development districts in the Town of Vail. According to Section 12-9A-1, the purpose of a special development district is, "To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District." An approved development plan is the principal document in guiding the development, uses, and activities of the Special Development District (SDD). The development plan shall contain all relevant material and information necessaryto establish the parameters to which the special development district shall adhere. The development plan may consist of, but not be limited to: the approved site plan; floor plans, building sections, and elevations: vicinity plan; parking plan; preliminary open space/landscape plan; densities; and permitted, conditional, and accessory uses. The Town Code provides nine design criteria which shall be used as the principal criteria in evaluating the merits of a major amendment to an established SDD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan complywith each of the following standards, or demonstrate that one or more ofthem is not applicable, orthat a practical solution consistent with the public interest has been achieved. The following is a staff analysis of the projecYs compliance with the nine SDD review criteria: A. Consideration of Factors Reqardinq Special Development Districts: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. In a memorandum to the Planning and Environmental Commission dated January23, 2006, staff discussed in detail the architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation in great detail. As this proposal for a major amendment to SDD No. 39, Crossroads, does not include any changes to the architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation of the approved structure staff has not included the discussion on these review points. As stated previously the major amendment proposes to increase the amount of commercial/retail space by 733 square feet and eliminate the approved pedestrian tunnel connecting the Solaris public plaza to the Vail Village Inn. This change is accomplished within the approved bulk, mass, and height of the structure. Staff believes the proposed Solaris development complies with this criterion. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the uses, activity, and density of the redeveloped Crossroads site and its compatibility to surrounding uses and activities. The primary purpose of the Commercial Service Center district is to provide for commercial uses. Staff believes that an increase in the amount of commercial square footage is in keeping with the underlying zoning of SDD No. 39, Crossroads. Emplovee Housinq Requirements In adopting amendments to SDD No. 39, Crossroads, through the approval of Ordinance No. 10, Series of 2007, the Town Council required the applicant to provide twenty-two (22) employee beds. This requirement was put in place prior to the adoption of Chapter 23, Commercial Linkage, and Chapter 24, Inclusionary Zoning, Vail Town Code, which clearly defines the mitigation required of each project with regard to deed restricted employee housing. As this amendment is occurring now the current regulations shall apply to this amendment. Within the applicanYs attached document (Attachment B) on Page 11 there is a calculation ofthe required housing mitigation generated bythe proposed amendment. The increase in additional employee housing is less than a one. However; the applicant is proposing to increase the number of deed restricted employee housing that will be provide from 22 to 23 beds off-site. Staff believes that the proposal does comply with this criterion. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. As indicated in the Zoning Analysis outlined in Section VI of this memorandum, the total number of required parking spaces for the Crossroads project is 220 spaces. The applicants are proposing to provide a total of 301 spaces, all of which are to be provided in the proposed underground parking structure. The 81 additional parking spaces proposed to be constructed above and beyond that which is required are proposed to be placed in a private parking club. The proposed subterranean parking structure permits a public plaza on the surface which contains an ice skating rink. The applicant has not proposed any changes to the compliant parking spaces orthe loading and delivery facility associated with the project. Staff believes that the application complies with this criterion. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. In a memorandumto the Planning and Environmental Commission dated January23, 2006, staff discussed in detail the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan and how they applied to the Crossroads redevelopment. As this proposal for a major amendment will affect the only the requirements and recommendations ofthe Vail Comprehensive Plan, Town Policies, and Urban Design Plan with regarding to pedestrian circulation Staff will focus on those aspects. Vail Villaqe Master Plan As noted on page 35 of the Master Plan, "It is important to note that the likelihood of project approval will be greatest forthose proposals that can fully comply with the Vail Village Master Plan. " Staff believes the following goals specifically apply to this amendment request. Staff has included the following excerpts of the Vail Village Master Plan to aid in the Planning and Environmental Commission's review of the project. "V. GOALS, OBJECTNES, POLICIES AND ACTION STEPS Goals for Vail Village are summarized in six major goal statements. While there is a certain amount of overlap between these six goals, each focuses on a particular aspect of the Village and the community as a whole. The goal statements are designed to establish a framework, or direction, for the future growth of the Village. A series of objectives outline specific steps that can be taken toward achieving each stated goal. Policy statements have been developed to guide the Town's decision- making in achieving each of the stated objectives, whether it be through the review of private sector development proposals or in implementing capital improvement projects. Finally, action steps are suggested as immediate follow-up actions necessary to implement the goals of this Plan. The Vail Village Master Plan's objectives and policy statements address key issues relative to growth and development. These statements establish much ofthe context within which future development proposals are evaluated. In implementing the Plan, the objectives and policies are used in conjunction with a numberofgraphic planning elements that together comprise this Plan. While the objectives and policies establish a general framework, the graphic plans provide more specific direction regarding public improvements or development potential on a particular piece of pro perty. " "GOAL #3: TO RECOGNIZE AS A TOP PRIOTITY THE ENHANCEMENT OF THE WALKING EXPERIENCE THROUGHOUT THE VILLAGE (in part) 3.1 Obiective: Physically improve the existing pedestrian ways by landscaping and other improvements. 3.2 Obiective: Minimize the amount of vehicular traffic in the Village to the greatest extent possible. 3.3 Obiective: Encourage a wide variety of activities, events., and street life along pedestrian ways and plazas. 3.4 Obiective: Develop additional sidewalks, pedestrian-only walkways and accessible green space areas, including pocket parks and stream access." The following text and image from the Vail Village Master Plan applies to the Solaris development regarding pedestrian circulation throughout the Village. Staff has attached the Parking and Circulation Plan map from the plan (Attachment D) "PARKING AND CIRCULATION PLAN The Parking and Circulation Plan recognizes the established pattern of parking and circulation throughout Vail Village. The parking and circulation system is an important element in maintaining the pedestrianized character of the Village. This is accomplished by limiting vehicular access at strategic points, while allowing for necessary operations such as bus service, loading/delivery and emergency vehicle access. The Town's bus system is crucial to controlling and limiting vehicular access to Vail Village. The bus system greatly reduces the reliance on private automobiles, resulting in a reduction of vehicular traffic in the Village's pedestrianized areas. Aesthetic, as well as functional considerations are important to the Village's circulation system. A long standing goal for the Village has been to improve the pedestrian experience through the development of a continuous network of paths and walkways. As a result, the irregular street pattern in the Village has been enhanced with, numerous pedestrian connections linking "plazas with greenspace" and other forms of open space. Located in and along this network are most of the Village's retail and entertainment activities. While the majority of the circulation system within the Village is in place, a numberofmajorimprovements are proposed to reinforce and increase existing pedestrian connections, facilitate access to public land along stream tracts, and further reduce vehicular activity in the core area." When the Vail Village Master Plan was adopted there was great attention given to the need to continue the successes of Vail Village and to improve on the downfalls. One of those areas of success in need of strengthening as the Town moved forward was the continuation of the linkage of the pedestrian network. The Vail Village Master Plan discusses and illustrates that there is a need to include an intricate system of pedestrian connections between properties. The reason forthe intricate pedestrian network is to turn a guesYs visit to Vail from an event to an experience. The interconnected network of pedestrian paths allows for guests and locals to navigate as freely as possible with no single development being an "island" unto itself. The applicant has stated to Staff that their desire to close the pedestrian path stems from multiple constraints and desires. Several of those being as follows: � • To establish and create a certain experience and emotion for pedestrians when approaching the Solaris retail experience. • To address requirements of the International Building Code for use separation flanking the tunnel. • To address the desired experience of the tunnel from what was envision and that which the Building Code is requiring. • To increase the revenue generating square footage of the project thus contributing to the tax base for the Town. • A change in the location to the entrance of the theaters, thus removing the primary activity generator for the theater. • Beliefthat the tunnel will be underutilized by pedestrians due to the route and destination of the tunnel. Staff has had an extensive conversation with Building Department representatives regarding the requirements of the Building Code with regard to this tunnel. The applicant had expressed to Staffthat the Building Code was significantly constraining the original desire to have the tunnel be an active and vibrant pass through. The conversation Staff has had with the Building Department representatives concluded that there are numerous opportunities to include large areas of glass penetrations within the tunnel and therefore not precluding the use of substantial amounts of glass to allow visual penetrations into the retail and theater that flank the tunnel. The applicant had identified that the Building Code was requiring the amount of penetrations to be limited to such an extent that the tunnel would become a dark and unpleasant experience. Staff does not believe this to be the case. Apparently with the tunnel width being in excess of 10 feet wide the Building Code provides for a great amount of flexibility with regard to the use of unrated window assemblies and if rated window assemblies where utilized the options increase as too what can be done within the tunnel. In response to Staff's concerns the applicant has suggested that they would agree to the establishment and recording of legal documents which would require the tunnel infill to be put back into the project in the event the Vail Village Inn redeveloped. Staff believes that while this solution would work if the intent was solelyto prepare forthe future redevelopment of Vail Village Inn; however, there is a need for the connection in the present, not just in the future. There are multiple commercial establishments located within Vail Village Inn not fronting East Meadow Drive. While staff can appreciate the reasons forwhy the applicant would like to remove the tunnel from the project, Staff does not believe the reasons suggested for removal outweigh the reasons to keep the tunnel. Staff believes those reasons include: • Continuation of the connectivity of the pedestrian network in the Village; • Betterment of the pedestrian experience in navigating through the Village; • The creation of a fabric between projects eliminating "islands"; • Increased circulation opportunities during special events in the Solaris plaza; and • Creation of additional retail opportunities and successes between Vail Village Inn and Solaris. As discussed in this section of the memorandum, staff does not believe that the application complies with all the goals and objectives of the Vail Village Master Plan. � E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail Geologic Hazard Maps, the Crossroads development site is not located in any geologically sensitive areas. Staff believes that the application complies with this criterion. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the site plan, building design and location and open space provisions in great detail. As this proposal for a major amendment to SDD No. 39, Crossroads, does not include any changes to the site plan, building design and location and open space provisions of the approved structure staff has not included the discussion on these review points. Staff believes the proposal complies with this criterion. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. In a memorandumto the Planning and Environmental Commission dated January23, 2006, staff discussed in detail the vehicular and pedestrian on and off-site circulation. To address the impacts of off-site vehicular trips the Solaris development will be assessed $6,500 for each additional trip generated in the peak hour. Previously the Town has identified that the Solaris development was in compliance with all the recommendations for pedestrian circulation both on and off-site. Staff believes that the proposed amendment to infill the pedestrian tunnel negatively affects the pedestrian circulation both on and off-site. Staff does not believe the proposed amendments comply fully with all elements of this criterion. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. In a memorandumto the Planning and Environmental Commission dated January23, 2006, staff discussed in detail the aesthetic landscaping and open space to optimize and preserve natural features, recreation, views and function in great detail. As this proposal for a major amendment to SDD No. 39, Crossroads, does not include any changes to the site plan, building design and location and open space provisions of the approved structure staff has not included the discussion on these review points. Staff believes the proposal complies with this criterion. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. 12 The applicant is proposing to construct the project in one phase and a subdivision of the property will be necessary to facilitate the development of the Crossroads project. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of denial to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code, , to allow forthe enclosure of a pedestrian pathway through the southwest wing ofthe approved structure and creation of commercial square footage; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Staff's recommendation is based upon a review of the criteria and findings as outlined in this memorandum and from the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of denial, staff recommends that the following findings be made as part of the motion: Special Development District No. 39, Crossroads "That the proposal to amend Special Development District No. 39, Crossroads, does not comply with all the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code. Furthermore, the applicant has not demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that the deviation requested from the Vail Comprehensive Plan are outweighed by the public benefits provided. Lastly, the Commission finds that the request is not consistent with the development goals and objectives of the Town." X. ATTACHMENTS A. Reduce plans of the currently approved first floor of retail and the proposed tunnel infill B. Application for a Maior Amendment to Special Development District No, 39, Crossroads, and an amendment to the Conditional Use Permit forthe Private Parkinq Club Dated February 15, 2007 C. Letters from adjacent property owners D. Copy of the Parking and Circulation exhibit found in the Vail Village Master Plan E. Public Notification 13 � m � s � m � D �Q 8� �� � ] ( r l c � y � � �' �. � � ��� s � �� s p y�� Sc`"n $'��' � ��'� �, � � � �� � � j; � �� �� o ��— �; I b po � �� - o I�� � , , �I�I � I _II_ „ �-,�� � � I II o y � �I� �'°_u m -° — o J �� . i � � � I' I I JI I II �I � �/� � •��� ��i � � � �. �� / � �1" i � `" /� \ i� �� ��� ' ^\\�1 - y� � � , � � �, �� ��� I � � ��� ; .� �x �\ `\ ,, � ��� � � ,,;. ��✓���a. '� � � � ' , � , �. � �r ���` '� �a �� � �y . `�� � `����` �` � ; �� � y � �,.� �� y � � � ,; , ��u�s �� m ' �� � rc , m � _ \�\ ���. �, �, ` ; ., `� ,�, m N I y��ll_ � I�i� ��vl!�i, v o, �' � ro� �� � � _ _` _ - d � r4r�� '_ � �vr- � �� f ' � � i„`�"`— — - �;" R— _ n.-. : _— -_ : a � � �` ` ^ S�a _,. 6 � , �.�._; "". Application for an Amendment to Special Development District No. 39, Crossroads, to Allow for the Enclosure of a Tunnel ,June 2008 Submitted by � Mauriello Planning Group Attachment B � Owner and Consultant Directory Owner/Applicant: Peter Knobel Solaris 221 1 Norfh Frontage Road Suite A Vail, Colorado 81657 Planning Mauriello Planning Group, LLC PO Box 1 127 Avon, CO 81620 970-748-0920 Design Architect Barnes Coy Architects PO Box 763 Bridgehampton, NY 1 1932 631-537-3555 Production Architect Davis Partnership 0225 Main Street, Unit C101 Edwards, CO 81632 970-926-8960 I. Description of Request Ordinance No. 5, Series of 2006, approved Special Development District No. 39, Crossroads (Solaris), to facilitate the redevelopment of Crossroads. Solaris was approved for 69 dwelling units and 5 attached accommodation units, totaling 199,830 sq. ft. of GRFA. Ordinance No. 10, Series of 2007, approved an increase from 69 dwelling units to 75 dwelling units and increased the employee housing requirement from 12 beds to 22 beds. Ordinance No. 21, Series of 2007, again amended the Special Development District No. 39 to allow for 2 additional dwelling units. At this time, the applicant is requesting an amendment to SDD 39 to allow for the enclosure of the tunnel that leads through the Crossroads properfy to the Vail Village Inn property. This tunnel is adiacent to the movie theaters and was previously designed as the entry into the theaters. However, as the design for the movie theaters has been refined to incorporate the restaurant, the program combination will be more successful with maximium exposure to the public plaza. In addition, building code requirements have limited the potential to design the tunnel to be an open and inviting space, instead forcing the design to be a 90 ft. long corridor with limited windows. There is still direct and functional access along the west and south areas of the properfy along the retail frontage. We are concerned that the approved tunnel will be more of a detriment to both Solaris and the Vail Village Inn by being a cold and dark area. Enclosing this area allows for an additional 733 sq. ft. of retai) uses, which we believe will be a benefit to the project and the Town by creating the opportuniiy for more sales tax revenues. It allows for the retail adjacent to incorporate this area, making it a more viable retail space. The neighbors are also in supporf of the proposal and have written a letter to the Town in support (see aitached). The additional commercial area generates a requirement for .35185 employees, based on the commercial linkage requirements outlined in Chapter 23 of the Vail Town Code. The applicant is proposing to increase the current housing requirement from the 22 beds required previously, to 23 beds. There is no increase in GRFA with this application. No other changes to the project are being proposed. � I� .... �.'.. � .. Approved by Ordinance 21, Series of 2007 Tunnel as approved �.Y ; � �� �._. , � — i�;;;;_,.:� � — l I � �. ..�..-�• f� L • � �y f. • yt �' � �;000a Solaris Amendmen� June 2008 II. Application Process The process for review of this application is a minor amendment, as indicated by the definitions of a major amendment vs. a minor amendment below: M�1fOR �1MENOMENT �PEC AND/OR COUNCIL REl/IEW�: Any proposal to change uses; increase gross �esidential f/oor area; change the numbe� of dwelling or accommodation unifs; modiiy, enlarge or expand any app�oved special deve%pmeni dist�ict (other than 'ininor amendments" as defined in this section�, except as provided unde� section 12-75-4, 'lnte�ror Conversions ; or 12-1 S-5, '%�dditional Gross Residential floor Area �250 O�dinance�; of fhls title. MINOR AMENDMENT �STAFF REl//EW�: Modifications to building plans, site or landscape ,nlans that do not alte� the basic intent and cha�acte� of the app�oved special deve%pment disl�ict, and a�e consistent with the design c�ite�ia of this a�tide. Mino� amendments may include, but not be limifed to, variations of not mo�e lhan fi�ve %et �5� fo app�oved sefbacks and/or building footprints; changes lo landscape o� siie plans that do not adversely impact pedest�ian o� vehicula� circula>ion Ih�oughout the special deve%pment dlstrict; or changes to gross floo� o�ea �excluding residential usesJ of not mo�e thon five pe�cent (5%� of the approved square footoge of �etail, o�ce, common o�eos ond othe� non�esidential floo� orea, except as p�ovided under section 12-15-4, 'lnte�io� Conversions; o� 12-15-5, '�iddifional Gross Residen>ial Floor Area (250 Ordinance�; of this title. However, staff has determined that due to their concerns with compliance with the Vail Village Master Plan (adopted in 1990), they are more comforfable with having the Planning and Environmental Commission and Town Council review this application, and have instead declared it to be a major amendment. 4 !..... <_.,..... III. Submittal Requirements The following is a list of the submittal requirements for a major SDD amendment. We have indicated the items that we have submitted with this amendment, and referenced the original submittal for items that are not affected by the major amendment. Fee Submitted Stamped, addressed envelopes and a list of the property owners Submilted ad'acent to the sub'ect ro e Title Re orf Refer to the ori inal submittal — no chan e Written a roval Submiited A written statement addressing the following: Submitted a. Describe the nature of the project to include information on proposed uses, densities, nature of the development proposed, contemplated ownership patterns and phasing plans. b. A statement outlining how and where the proposed development deviates from the development standards prescribed in the property's underl in zone district. A com lete zonin anal sis Refer to the ori inal submittal — no chan e Stam ed To o ra hic Surve Refer to the ori inal submiltal — no chan e Existin and Pro osed Site and Gradin Plans Refer to the ori inal submiital — no chan e A Vicini Plan Refer to the ori inal submittal — no chan e A Landsca e Plan Refer to the ori inal submittal — no chan e A Roof Hei ht Plan Refer to the ori inal submittal — no chan e Existin and Pro osed Architectural Elevations Refer to the ori inal submittal — no chan e Existin and Pro osed Architectural Floor Plans Submitted Sun/shade anal sis Refer to the ori inal submiital — no chan e All lans must also be submitted in 8.5. x 1 1. reduced format. Submitted An Architectural or massin model Refer to the ori inal submi»al — no chan e Photo overla s Refer to the ori inal submittal — no chan e Parkin needs assessment and vehicular circulation anal sis Submitted An Environmental Im act Re orf Refer to the ori inal submittal — no chan e � w ... < :. .. .. IV. Special Development District — Standards ond Criteria "The purpose of the special deve%pmeni dist�ict is to encourage {/exibility and creativity in the deve%pment of land in order io promoie its most app�op�iate use; to imp�ove lhe design character and qualily of the new deve%pment with the Town; to facilitate the adequate and economical provision of st�eets and utilities; to preseive the natural and scenic features oF open space a�eas; and to furthe� the overallgoals of the communily as siated in the l/ail comp�ehensive plan. " The following design criteria are used by the Town in the evaluation of a Special Development District. The proposed Solaris redevelopment plan adequately addresses each of these criteria. Below is a summary of how the project implements each of these criteria. A. Compatibilily: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Our Analysis: The proposed Solaris redevelopment plan was designed to be compatible with the mountain environment and the new trends in alpine architecture, and the Town of Vail has found that the design is cornpatible and sensitive to the immediate environment, neighborhood and adjacent properties. This �r000sed maior amendment to enclose the 90 ft. long tunnel leads to a design that is more sensitive to the Vail Village Inn Phase III Condominiums, who have expressed concern about the passageway previousiy. i ne aftorney representing the Association has submitted a letter in supporf of this application. They believe that enclosing the passageway will reduce possible negative impacts from the Solaris development and are requesting that the Town approve this application as submitted. B. Relationship: Uses, activity and densiiy which provide a compatible, efficient and workable relationship with surrounding uses and activity. .� Solaris Amendment June 2008 Our Analysis: This application does not change the approved uses, activities, or uses for the site. However, we believe that the proposal improves the pedestrian experience and maximizes the retail exposure. In addition, the adiacent property owner believes that the proposal is an improvement over the previous design. C. Parking and Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. Our Anal�sis: The proposed plan meets or exceeds all of the parking and loading standards found in Chapter 10 of the Zoning Regulations. Below is a table documenting the parking requirements for the proposed Solaris redevelopment. The proposed development plan includes a total of 301 parking spaces to meet the parking requirements of the project including the 81 space private parking club. This is an increase of 2 parking spaces from the previous approval. As the garage design has been furfher refined, a total of 301 spaces have been provided, meeting the parking requirements of the uses on-site and maintaining the conditional use permit approval of 81 parking spaces. Amendment Pro osed: Use # of Units/S . Ft. Code Ratios Total Dwellin Units 77 1.4 107.8 Retail 34,583 0.0023 79.54 Theater seatin 3,059 0.006060606 18.539 Restaurant seatin 5,61 1 0.004 22.444 Bowlin 1,170 0.0023 2.691 Tota� 231.0 l 4 5% reduction 11 .55 219.46 Net Re uired Parkin (220) Parkin Provided 301 81 .54 Parkin Club Parkin (81) D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. Our Analysis: The Vail Village Master Plan was adopted by the Town of Vail on �anuary 16, 1990. The plan states that the illustrative plans were a depiction of the existing conditions and that "Only minor changes to established land use paltems are proposed. " 7 ;3:��::: �.... _ '�SL �__--_—e}+ �� e1_ � � . _—v' �A �•._ -v_ " � As a result, a large portion of the Vail Village Master Plan is based on what was at the time the current development paiterns with certain in-fill locations and development sites identified. This is important to note, as the Parking and Circulation Plan (above) of the Vail Village Master Plan is based on the circulation patterns in existence at the time (or based on the original Vail Plaza Hotel approval) and does not reflect the pedestrian circulation that exists today. This is furfher reflected in the sub-area plan for the Vail Village Inn, which states: Final phase of l/ail Vllage lnn project to ,be completed as established by the deve%pment plan for SDD #6. Comme�cial deve%pment at ground level to frame interior plaza wiin green space. Mass of buildings shall step up from existing pedestrian scale along Meadow D�ive to 4-5 stories along the FionPage Road. Design must be sensitive to maintaining view cor�ido� f�om 4- way stop to Vail Mountain. ..��ng 37�. The pedestrian path for the Vail Plaza project as constructed does not correspond to the path as indicated in the Parking and Circulation Plan, as the following graphic indicates. The path, as it was originally shown in the master plan, does not follow the path indicated and therefore indicates that strict adherence to the Master Plan graphic was not intended. Below, the yellow indicates the area of the path that was intended but has already been eliminated based on current buildings or approvals. No link through the -- .- - �_.�_ �,.. . ,e,���, . _, ,Z .;; ..,...% ' 1 ` '. I � v_. '? - '; ., �►�`` .. �- � ,. , ,.,�,�4 ,,� . _, . _ ,._, ..�.,�- .� - �_.�.... , � � � _ �....-o—�- .—� '�.� � '��, �, �r _. ,� r° " �. a' � . � ' -.--i �....' ; 't �� �. �1 _ .�...hj�.�_`al � �, �.i�.. �'.i '" ...w...�. � .� f J ,' ` .rr�,. ._ � �s1 .�r`� , � 'S �"� ��. .. 1 r�;•. ... �!✓, _ r .i., '"`� .�i�., . � , 1 _ � ,�._�,`�--. • � � r � � • �� �. � .��i r.: • /'�, ` ►�.� . - - + �`. ti r� . • .. _ ;� ■ Pedestrian Circulation as proposed Pedestrian links eliminated by previous approvals Pedest�ian link re%cafed with this application 8 Solaris Amendment June 2008 Vail Plaza Hotel was constructed. There is a sidewalk that runs behind La Bottega, which then either joins East Meadow Drive, or travels up a stairway to join the plaza area of the Vail Village Inn, adjacent to the pool at the Vail Plaza Hotel. This area is an interesting mix of private and public uses, and there are limited commercial uses on this plaza. The Parking and Circulation plan path then continues through the WI plaza, and through the old Crossroads building. This was not a connection that was used by most pedestrians. It required walking through the back parking lot of Crossroads, through the relatively shorf passageway adjacent to the bank, across the middle of the parking lot, up the stairs, through another short passageway, around some shops, back down a set of stairs, and arriving at the intersection of Village Center Road and East Meadow Drive. The connection was mediocre at best. We believe that the passageway, largely due to the inabiliiy to have real retail openings and windows, does not create an open and inviting passage through the site and will complicate the pedestrian circulation pattern and short circuits the retail experience. Instead, we believe that funneling pedestrians to the south, along the vibrant plaza of shops, restaurants, and services, will be a more successful pedestrian circulation pattern, in accordance with the intent of the Vail Village Master Plan. The design of Solaris captures the most imporfant idea of the Vail Village Master Plan - the idea of a large public plaza. The Vail Village Master Plan states the following in the description of the Crossroad sub-area: # 1-6 C�oss�oads lnfill Comme�cial infill ove� new unde�ground pa�king lot in conjuncfion with a la�ge public ,nlaza with greenspace area �exisfing and new parking demand to be p�ovided on site�. While configu�afion of in�ll may be done in a va�ieJy of ways, it is fhe overall intention to replace existing surface parking with pedestrian co�rrdo�s in a commercial area, as well as fo p�ovide a strong building edge on Meadow Drive and streetscape improvements. lmprovement of the planted bu{{e� adjacent to the F�ontage Road is also importanf. .. As proposed, the design of Solaris meets the intent of the Vail Village Master Plan. E. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Our Analysis: There are no natural or geologic hazards existing or mapped by the Town on the Crossroads site. � E� .. � :. ..,.. 4 F. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Our Analysis: This amendment application does not affect the above-mentioned criteria. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Our Analysis: The pedestrian improvements associated with this site are extensive. Pedestrian access is provided on all adjacent roadways and between the WI project and the Solaris site, as described above. The applicant is proposing a significant public plaza on the site that will allow for pedestrian traffic and public gatherings. The proposed revision maintains the character of existing pedestrian circulation and aligns with recent approved modifications to the Master Plan suggested routes. H. landscaping: Functional and aesthetic landscaping and op�.n space in order to optimize and preserve natural features, recreation, views and function. Our Analysis: The proposed amendment does not impact the above-mentioned criteria. Workable Plan: Phasing plan or subdivision plan that will maintoin a workable, functional and efficient relationship throughout the development of the special development district. Our Analysis: There is no change to the phasing plan with the proposed amendment. ; �, r.. i!:����� �_';;'..;'.> . V. Employee Housing Plan Solaris was approved prior to the newly adopted employee housing regulations. However, the Town of Vail required a total of 22 employee beds to be provided with the project. Because this current application falls under the new regulations, an employee housing plan is provided for this amendment: Commercial linkage requirement = 20% of net new employees generated Increase in Retail sq ft from 33,850 to 34,583 = 733 sq ft inc�ease 733 sq ft / 1,000 x 2.4 employees = 1.7592 1 .7592 x 20% mitigation = .35184 _.35184 employees to be provided deed restricted employee housing Section 12-23-6 provides the methods of mitigation for the commercial linkage requirements. If a project is required to mitigate for more than 1.25 employees, half of the requirement must be met on-site. As this amendment only requires mitigation for .35184 employees, there is no on-site requirement for employee housing. As a result, the method of mitigation is at the sole discretion of the applicant. In this case, the applicant has chosen to provide the requirement off-site, in the same manner as the previous 22 beds that have been required. The applicant is proposing to now provide 23 beds of employee housing. This clearly exceeds the .35 that is required. �� E�:,,;, :..,,,,:-,<: �..:. ... ., 6 VI. Ad�acent Property Owners VILLAGE INN PLAZA CONDOMINIUM ASSOCIATION JOSEF STAUFER 100 E MEADOW DR #31 VAIL, CO 81657 VILLAGE INN PLAZA-PHASE V CONDOMINIUM ASSOCIATION 100 EAST MEADOW DRIVE STE 31 VAIL, CO 81657 VILLAGE INN PLAZA CONDOMINIUM ASSOCIATION COLORADO REGISTRATION, INC. 880 HOMESTEAD DRIVE, NO. 25 EDWARDS, CO 81632 VILLAGE INN PLAZA-PHASE V CONDOMINIUM ASSOCIATION COLORADO REGISTRATION, INC 880 HOMESTEAD DRIVE NO. 25 EDWARDS, CO 81632 VILLAGE INN PLAZA PHASE V CONDOMINIUM ASSOCIATION COLORADO REGISTRATION, INC PO BOX 666 VAIL, CO 81658 JOSEF STAUFER P O BOX 666 VAIL, CO 81658 VAIL VILLAGE PLAZA CONDOMINIUM ASSOCIATION 143 E. MEADOW DRIVE NO. 360 C/O SLIFER MANAGEMENT CO VAIL, CO 81657 VAIL VILLAGE PfAZA CONDOMINIUM ASSOCIATION C/O ABPLANALP LAW OFFICE LLC POST OFFICE BOX 2800 VAII, CO 81658 VAiL VILLAGE PLAZA CONDOMINIUM ASSOCIATION SALLY HANLON 385 GORE CREEK DRNE- NO. R-2 VAIL, CO 81657 VAII DOVER ASSOCIATES LLC 4148 N ARCADIA DR PHOENIX, AZ 85018 VAIL CORE CONDOMINIUM ASSOCIATION, INC HELEN E. BIRD P O BOX 5940 AVON, CO 81620 AUSTRIA HAUS CONDO ASSOC INC 20 VAII RD VAIL, CO 81657 AUSTRIA HAUS CONDOMINIUM ASSOCIATION, WC. JOHN MILLS C/O SONNENALP HOTEL 20 VAII ROAD VAIL, CO 81657 HIBBERD, FRED, JR 400 NW RIDGE RD JACKSON, WY 83001 TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 VILLAGE CENTER ASSOC 124 WILLOW BRIDGE RD VAII, CO 81657 SONNENALP PROPERTIES INC 20 VAIL RD VAIL, CO 81657 CDOT 4201 E. ARKANSAS AVENUE DENVER, CO 80222 MAURIELLO PIANNING GROUP, LLC POST OFFICE BOX 1 127 AVON, CO 81620 SOLARIS 221 1 NORTH FRONTAGE ROAD, SUITE A VAII, CO 81657 ANN BISHOP VAIL VILLAGE INN PHASE III ASSOC PO BOX 820 VAII, CO 81658 KNOBEL CHILDRENS INVESTMENT TRUST 1996 392 Mlll CREEK CIR VAII, CO 81657 it:±•�r�. ��. _. � � � i � i i � i i i � � � � � � � � � � I I �'C.✓' ° I� g d� � I � I 1 �� ," �-� ') 1 'I� I � 1 '� '� i �� �I� e � I � li � � I i� `� � A ll��. �I,�� ��,;j/�� � '� �, ��i� I �� �lil �� i' �'I� � � � � � ' � �� �� ��_^ i I�,I� t((� � �� ,�� i; � ili�� � �� i� i � ��Ili �' � ��V l��i '�,',������ � I ���`I � I� �;�i I���i � ��I . � �����il� �� i.�ll�� I� u'i aW N� � ��r�i� ��.�� iiIl �� � �� a%" .� �� -�. 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I '��I ° z a n �� � � 1 ������� �����,1 ��� �� ' •>. , : �I' �,� i�;,, �� — �� � ,� �: � � � I � ' �\ �� � �� 1 �� � ��, � � i! ��� h , i �� � Q Z 1 �\ 1 �� 1 ; �v '" ��, — , � � �„ � Z \ 1 � 1 �;— �. �� � ... � � �l I �} � ���A �' � � �, l ����� � �` i ,i � ` �.. w MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 14, 2008 SUBJECT: A request for a work session for review of a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications; and requests for conditional use permits, pursuant to Section 12-7H-2, Permitted and Conditional Uses, Basement or Garden Level; Section 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level; 12- 7H-4, Permitted and Conditional Uses; Second Floor and Above, Vail Town Code, to allow for the redevelopment of the Evergreen Lodge, with dwelling units, accommodation units, employee housing units, conference facilities and meeting rooms on the basement level, multi-family dwelling units on the first floor, and an eating and drinking establishment on the second floor, located at 250 South Frontage Road West/Lot 2, Block 1, Vail Lionshead Filing 2. (PEC080033) Applicant: HCT Development, represented by TJ Brink Planner: Rachel Friede INTRODUCTION The applicant, HCT Development, represented by TJ Brink, has requested a work session meeting with the Town of Vail Planning and Environmental Commission (PEC) to discuss the proposal for the redevelopment of the Evergreen Lodge, located at 250 South Frontage Road West. The purpose of this work session is to introduce the project and the development team, discuss the development review process and the applicability of relevant portions of the Vail Comprehensive Plan and Vail Town Code, and to outline next steps for the project. The Commission is being asked to listen to the presentation and provide any feedback that is appropriate at this time. Staff has not performed a formal review of the project at this time and makes no representations of compliance of the project with the prescribed review criteria. Staff will perform a thorough review of the project as it moves forward in the development review process. PROJECT DESCRIPTION The key elements of the proposal to redevelop the Evergreen Hotel into The Fairmont Vail include: • The inclusion of 92 dwelling units and 128 accommodation units • The provision of a front desk, lobby, lounge area, pool and hot tubs, restaurant and bar and meeting/conference space • The provision of 265 parking spaces in two below grade floors, 5 additional surface parking spaces at the porte cochere, and a loading dock A vicinity map (Attachment A) and a copy of the latest conceptual proposal from HCT Development LLC dated July 14, 2008 (Attachment B), is attached for reference. Backqround The Evergreen Lodge, consisting of 128 hotel rooms and 19 dwelling units, was built in 1974. On April 1, 1986, Special Development District #14 (Doubletree Hotel) was established by the adoption of Ordinance No. 5, Series of 1986. SDD #14 was amended in 1989 and 1990 to further clarify requirements for redevelopment. On September 6, 2005, the Vail Town Council adopted Resolution No. 15, Series of 2005, which extended the Lionshead Redevelopment Master Plan study area to include the Evergreen Lodge, and provided specific recommendations for the redevelopment of the property. On December 20, 2005, the Vail Town Council adopted Resolution No. 23, Series of 2005, adopting more specific recommendations for the Evergreen Lodge redevelopment, including setbacks from the Frontage Road and a potential transit stop. The Council also adopted Ordinance No. 33, Series of 2005, which repealed SDD #14 and rezoned the Evergreen Lodge from High Density Multiple Family (HDMF) District to Lionshead Mixed Use 1(LMU-1) District. Development Standards Parcel Size: Zoning: Land Use Designation: Front Setback (North): Side/Rear Setbacks: Building Height: Density: Allowable GRFA: Maximum Site Coverage: Minimum Landscape Area llall International Residential L 2.6248 acres/ 114, 337 sq ft Lionshead Mixed Use 1 Lionshead Redevelopment Master Plan 30 ft minimum 10 ft minimum 71 ft average 82.5 ft maximum 92 DUs max (35 DU/acre) Unlimited EHU, AU, FF, TS 285,842 sq ft 80,036 sq ft (70%) 22,867 sq ft (20%) Figure 1: Evergreen Lodge �nd Adjacent Properties � �� ����c2cQm O ..,D �.�o �FA �'NA �� ` �� E�ergreen Lodge `.� � ResidentiallHatellRestauranUConferenee ,., Znne Districts ��o�shead""�x�d��e,`�M"_,' Vail Valley Medical Genter � agr���n�,�ais,opEns�a�z,r��� FiospiYallOffice - �eneral Use (GU) . Nat Desionated Last Modifled: 7f9l08 2 ......... _� `�� - .. _ � - Town of Vail Municipal Complex Office US Bank flffice �....,... „.., �-. . �. ��,;. III. DEVELOPMENT REVIEW PROCESS The Fairmont Vail development proposal is comprised of two (2) different development review applications, both intended to facilitate the redevelopment proposal. The development applications include: A maior exterior alteration application, as required by the LMU-1 District, for the redevelopment of the structure; and A conditional use permit application for accommodation units, conference facilities and meeting rooms, located on the basement or garden level and for accommodation units and multi-family dwelling units on the first floor or street level of the structure. The following will detail the process required for each of the two development applications, including role of reviewing bodies, review criteria, and pertinent sections of Vail Town Code and master planning documents as they relate to the review criteria. A. Maior Exterior Alteration in the Lionshead Mixed-Use I District Roles of Reviewinq Bodies: All new construction in LMU-1 District is considered a major exterior alteration and is subject to review by the Planning and Environmental Commission followed by a Design Review Board review of the application for new construction. The PEC will review for impacts of use/development, and approval "shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, building bulk and mass, site improvements and landscaping." Actions of the Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. Criteria for Review: Section 12-7H-8, Compliance Burden, Vail Town Code, outlines the review criteria for major exterior alteration applications proposed within the LMU-1 District. According to Section 12-7H-8, Vail Town Code, a major exterior alteration shall be reviewed for compliance with the following criteria: That the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district; 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan; That the proposal does not otherwise have a significant negative effect on the character of the neighborhood; and, 4. That the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. B. Conditional Use Permit (CUP) Roles of Reviewinq Bodies: The Planning and Environmental Commission is responsible for final review of conditional use permits. The Planning and Environmental Commission shall review the request for compliance with the adopted conditional use permit criteria and make findings of fact with regard to the project's compliance. The Design Review Board has no review authority on a CUP, but will review the accompanying Design Review Board application for New Construction. Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. Review Criteria: Section 12-16-6, Criteria; Findings, Vail Town Code, outlines the review criteria for conditional uses permit requests proposed within the Lionshead Mixed Use 1 (LMU-1) zone district. According to Section 12-16-6, Vail Town Code, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 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. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 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. C. Applicable Zoninq Requlations ARTICLE 12-7H: LIONSHEAD MIXED USE 1(LMU-1) 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. 4 12-7H-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: A. Definition: The "basement" or "garden level" shall be defined as that floor of a building that is entirely or substantially below grade. 8. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school, skier services, and daycare. Travel agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. C. Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Conference facilities and meeting rooms. Liquor stores. Lodges and accommodation units. Major arcade. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type 111 (EHU) as provided in Chapter 13 of this Title). Radio, TV stores, and repair shops. Theaters. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Definition: The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level along a pedestrianway. 8. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school, skier services, and daycare. Travel agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. C. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Barbershops, beauty shops and beauty parlors. Conference facilities and meeting rooms. Financial institutions, other than banks. Liquor stores. Lodges and accommodation units. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type 111 (EHU) as provided in Chapter 13 of this Title). Radio, TV stores, and repair shops. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-7H-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A. Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Lodges and accommodation units. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type 111 (EHU) as provided in Chapter 13 of this Title). Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-7H-6: ACCESSORY USES: The following accessory uses shall be permitted in the Lionshead Mixed Use 1 zone district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of this Title. Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses. Minor arcade. Offices, lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple-family uses. Outdoor dining areas operated in conjunction with permitted eating and drinking establishments. Swimming pools, tennis courts, patios or other recreation facilities customarily incidental to permitted residential or lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-7H-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building or the alteration of an existing building that is not a major exterior alteration as described in subsection 8 of this section shall be reviewed by the design review board in accordance with chapter 11 of this title. 1. Submittal Items Required: The submittal items required for a project that is not a major exterior alteration shall be provided in accordance with section 12-11-4 of this title. 8. Major Exterior Alteration: The construction of a new building or the alteration of an existing building which adds additional dwelling units, accommodation units, fractional fee club units, timeshare units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the administrator) shall be reviewed by the planning and environmental commission 6 as a major exterior alteration in accordance with this chapter and section 12-3-6 of this title. Any project which requires a conditional use permit shall also obtain approval of the planning and environmental commission in accordance with chapter 16 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the department of community development for planning and environmental commission and design review board review. 1. Submittal Items Required, Major Exterior Alteration: The following submittal items are required: a. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. b. Application; Contents: The administrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail comprehensive plan. The administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. C. Work Sessions/Conceptual Review: If requested by either the applicant or the administrator, submittals may proceed to a work session with the planning and environmental commission, a conceptual review with the design review board, or a work session with the town council. D. Hearing: The public hearing before the planning and environmental commission shall be held in accordance with section 12-3-6 of this title. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmental commission may be appealed to the town council in accordance with section 12-3-3 of this title. E. Lapse Of Approval: Approval of an exterior alteration as prescribed by this article shall lapse and become void two (2) years following the date of approval by the design review board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed for reasonab/e and unexpected delays as long as code provisions affecting the proposal have not changed. 12-7H-8: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead Mixed Use 1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. 12-7H-9: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10,000) square feet of buildable area. 12-7H-10: SETBACKS: The minimum building setbacks shall be ten feet (10') unless otherwise specified in the Lionshead redevelopment master plan as a build-to line. 12-7H-11: HEIGHT AND BULK: Buildings shall have a maximum average building height of seventy-one feet (71) with a maximum height of 82.5 feet, as further defined by the Lionshead redevelopment master plan. All development shall comply with the design guidelines and standards found in the Lionshead redevelopment master plan. Flexibility with the standard, as incorporated in the Lionshead redevelopment master plan, shall be afforded to redevelopment projects which meet the intent of design guidelines, as reviewed and approved by the design review board. 12-7H-12: DENSITY (DWELLING UNITS PER ACRE): Up to a thirty three percent (33%) increase over the existing number of dwelling units on a property or thirty five (35) dwelling units per acre, whichever is greater shall be allowed. For the purpose of calculating density, employee housing units, accommodation units, attached accommodation units, timeshare units, and fractional fee club units shall not be counted as dwelling units. Additionally, a"lodge dwelling unit'; as defined herein, shall be counted as twenty five percent (25%) of a dwelling unit for the purpose of calculating density. 12-7H-13: GROSS RESIDENTIAL FLOOR AREA (GRFA): Up to two hundred fifty (250) square feet of gross residential floor area shall be allowed for each one hundred (100) square feet of buildable site area, or an increase of thirty three percent (33%) over the existing GRFA found on the property, whichever is greater. Multiple-family dwelling units in this zone district shall not be entitled to additional gross residential floor area under section 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance)'; of this title. 12-7H-14: SITE COVERAGE: Site coverage shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Lionshead redevelopment master plan. 12-7H-15: LANDSCAPING AND SITE DEVELOPMENT: At least twenty percent (20%) of the total site area shall be landscaped, unless otherwise specified in the Lionshead redevelopment master plan. 12-7H-16: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least one-half (1/2) the required parking shall be located within the main building or buildings. 12-7H-18: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank improvements, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. D. Applicable Planninq Documents Vail Land Use Plan (in part) The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town Council. The main purpose of the Land Use Plan is two-fold: 1. To articulate the land use goa/s of the Town. 2. To serve as a guide for decision making by the Town. The Vail Land Use Plan is intended to serve as a basis from which future land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in the review process for new development proposals. In conjunction with these goals, land use categories are defined to indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is intended to provide a general framework to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development on a site. The Vail Land Use Plan contains the following goals: 1A General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 2.3 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 2.4 The community should improve summer recreational and cultural opportunities to encourage summer tourism. 2.5 The community should improve non-skier recreational options to improve year- round tourism. 2.7 The Town of Vail should improve the existing park and open space lands while continuing to purchase open space. 3.0 Commercial 3.1 The hotel bed base should be preserved and used more efficiently. 9 3.2 The Village and Lionshead areas are the best location for hotels to serve the future needs of the destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 3.5 Entertainment oriented business and cultural activities should be encouraged in the core areas to create diversity. More nighttime businesses, on-going events and sanctioned "street happenings" should be encouraged. 4.0 Village Core / Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 4.4 The connection between the Village Core and Lionshead should be enhanced through: a) Installation of a new type of people mover. b) Improving the pedestrian system with a creatively designed connection, oriented toward a nature walk, alpine garden, and/or sculpture plaza. c) New development should be controlled to limit commercial uses. 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.2 Quality time-share units should be accommodated to help keep occupancy rates up. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Chapter 6, Section 4: LRMP Lionshead Redevelopment Master Plan Included in this category are those properties which are identified as being included in the Lionshead Redevelopment Master Plan boundaries. Properties located within this land use category shall be encouraged to redevelop, per the Master Plan recommendations, as it has been found that it is necessary in order for Vail to remain a competitive four-season resort. Uses and activities for these areas are intended to encourage a safe, convenient and an aesthetically-pleasing guest experience. The range of uses and activities appropriate in the Lionshead Redevelopment Master Plan (LRMP) land use category may include skier and resort services, ski lifts, ski trails, base facilities, public restrooms, ticket sa/es, clubs, public plazas, open spaces, parking and loading/delivery facilities/structures, public utilities, residential, lodges, accommodation units, deed restricted employee housing, retail businesses, professional and business offices, personal services, and restaurant uses. 10 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 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 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. " 2.3 Policy Objectives The Town Council adopted six policy objectives on November 4, 1996 to outline the important issues to be addressed in the master plan and to provide a policy framework for the master planning process. 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.2 Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. 2.3.3 Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base (`7ive beds" or "warm beds') through new lodging products. Live beds and warm beds are best described as residential or lodging rooms or units that are designed for occupancy by visitors, guests, individuals, or families on a short term rental basis. In order to improve occupancy rates and create additional bed base in Lionshead, applications for new development and 11 redevelopment projects which include a residential component shall provide live beds in the form of accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units (i.e., lock-off units), or dwelling units which are included in a voluntary rental management program and available for short term rental. Further, it is the expressed goal of this Plan that in addition to creating additional bed base through new lodging products, there shall be no net loss of existing live beds within the Lionshead Redevelopment Master Plan study area. 2.3.4 Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. 2.3.5 Improved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. 2.3.6 Creative Financing for Enhanced Private Profits and Public Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capital may be raised from all possible sources to fund desired private and public improvements. Chapter 4, Master Plan Recommendations — Overall Study Area This section of the master plan addresses issues that affect Lionshead as a whole. These issues, and recommendations to address them, should be considered in all planning and policy decisions as Lionshead develops. 4.1 Underlying Physical Framework of Lionshead (in part) The Lionshead resort area (that portion of the study area north of Gore Creek) is a mixed-use urban environment with several discernible land-use sub-areas, or "hubs" (see Map N). Although the hubs overlap somewhat, there is no consistent and comprehensive pedestrian connection between them. The primary goal of the master plan is to create a visually interesting and functionally efficient pedestrian environment that connects the hubs to create a cohesive and memorable resort environment. 4.1.1 Lionshead Master Plan Concept Two primary pedestrian streets form the backbone of Lionshead's physical plan: an east-west corridor connecting Dobson Ice Arena with the west end of Lionshead and a north-south corridor connecting the proposed north day lot transportation center with the ski yard. The circulation system and new retail and lodging components will follow the underlying pattern set by these corridors (see Map T) and the entry portals associated with them. 4.1.2 East Lionshead - Civic Hub The civic hub of Lionshead is comprised of Dobson Ice Arena, the Vail public library, the Lionshead public parking structure, and the proposed Vail Civic Center site on the east end of the parking structure. Although 12 this area also contains several lodging properties and may support office or retail development in the future, all planning and design decisions here should be respectful of and compatible with these civic components. 4.1.4 Resort Lodging Hub This area of Lionshead is located just west of the Lionshead retail core and is comprised almost exclusively of high-density residential and lodging products. All future planning and design decisions in this area should work to reinforce the residential nature of the neighborhood and retain the sense of privacy desired by individual properties. New development in this area should aim for quieter pedestrian streets, well- defined pedestrian connections, more intensive landscaping and higher quality streetscape development. 4.2 Connection to Vail Village The lack of connection between Lionshead and Vail Village was identified early in the master planning process. Although both West Meadow Drive and East Lionshead Circle connect the village to Lionshead, the pedestrian systems along this corridor are poor and the streetscape has no consistent visual character. The eastern entry to the Lionshead study area is at Middle Creek (at the Vail public library and Dobson Ice Arena), but the true entrance to the Lionshead retail core is at the western end of the Lionshead parking structure. Pedestrian connections should be sensitive to the residential uses on West Meadow Drive and East Lionshead Circle. It is also important that they be continuous from the intersection of Vail Road and East Meadow Drive in Vail to the west end of the parking structure in Lionshead. The Town of Vail Streetscape Master Plan recommendations for West Meadow Drive should be implemented in a way that is consistent in design and character with the entire Vail Village/ Lionshead connection. 4.3 Connections to the Natural Environment One of the outstanding characteristics of Vail Village is its spectacular visual connection to Vail Mountain, particularly the protected view corridors up Bridge Street from the village parking structure and toward the Gore Range from East Meadow Drive. Over the years the village has also strengthened its physical connections to the natural environment by improving creekside parks and trails and by integrating landscape into the built environment at every opportunity. Lionshead has no similarly strong connection to the natural environment even though it is situated even closer to the base of the mountain. To remedy this critical deficiency, the following recommendations are made: 4.3.1 Visual Connections As development and redevelopment occur in Lionshead, it will be vital to protect visual connections to the ski mountain. These visual relationships strengthen the identity of Lionshead as an alpine resort and provide a visual reference that helps Lionshead visitors to find their way through the core. Visual connections to the natural environment should be established utilizing the following techniques: 4.3.1.1 View Corridors Creating and establishing view corridors is an effective way to link the urban core of Lionshead visually to the natural environment of Gore Creek and the mountain. The master plan is recommending 13 the creation of several dedicated public view corridors. In addition, all private development and redevelopment should endeavor to create visual connections from and through their properties. View corridors do not have to be expansive to be effective. In many cases, a slender but well targeted view corridor can be just as effective as a broad view. Nor do visual connections have to be continuous; they can reoccur, providing intermittent views from different angles. 4.3.1.2.1 North-South Orientation of Buildings The predominant east-west orientation of buildings in Lionshead acts as a visual and physical barrier, interrupting the connection to the natural environment It should be a priority in future development and redevelopment to orient vertical building masses along a north-south axis whenever possible. This will help to accomplish the following objectives: Sun Access During the winter months, the sun is low in the southern sky, providing the greatest solar exposure to the south faces of buildings and to streets and spaces open to the south. A north-south orientation of building masses will increase the amount of sun reaching the Lionshead pedestrian core and the buildings to the north. b. Views from New Buildings In double loaded buildings oriented on an east-west axis, units on the south side of the building get great views of the mountain, but units on the north side do not. Orienting the building mass on a north-south line creates angled southern views for both sides of the building, and units on both sides will get direct sun sometime during the day. c. Views from Existing Buildings Public input throughout the master planning process indicated that existing property owners in Lionshead are concerned that new development will block their private views to the mountain. By orienting new buildings on a north-south axis, the potential visual impact on existing buildings is reduced. d. Creation of Streets A strong view corridor in the Vail Village is Bridge Street. The orientation of the street toward the mountain provides a constant sense of direction and draws people to the destination at the top of the street. Likewise, the proposed north-south orientation of buildings in Lionshead will help to create streets oriented to the views, something that is almost completely lacking today. 4.3.2 Physical Connections 14 Physical connections to the natural environment are essential to the experiential quality of a mountain resort. There are several ways to achieve a physical connection in addition to creating north-south oriented streets: 4.3.2.1 Landscape and Greenbelt Corridors Wherever possible the natural landscape of the Gore Creek corridor should be allowed to penetrate into the more urbanized portions of Lionshead (see Map O). This will open up access points to the Gore Creek corridor, enhance the quality of individual properties, and improve the image of Lionshead as an alpine resort. 4.6 Vehicular and Pedestrian Circulation 4.6.1 Interstate Highway 70 1-70 is the primary vehicular circulation corridor for the Vail Valley and is critically important to the economic health of the Vail community. It does, however, create both a visual and physical division between the south and north sides of Vail, as well as consuming a significant amount of land. As Vail continues to grow over time it is strongly recommended that the ideas of potentially burying or bridging 1-70 through the Town of Vail be studied and the potential benefits and impacts considered. Specifically, consideration should be given to securing the air-rights over 1-70 so that future development and circulation scenarios are not precluded. 4.6.2 South Frontage Road Recommendations outlined below address potential re-alignment of portions of the frontage road, ingress and egress improvements, bicycle/ pedestrian improvements, and visual improvements. For a detailed discussion of capacity and the impacts of future development on the frontage road, see the traffic impact study contained in appendix A. Figure 4-9 depicts potential redevelopment without the realignment of the Frontage Road while Figure 4-9a depicts redevelopment with a partial realignment of the Frontage Road. 4.6.2.2 Road Improvements to Handle Increased Traffic Volume The potential expansion of the Lionshead bed base and the corresponding increases in traffic volumes will necessitate traffic mitigation measures. Increased road width, acceleration/ deceleration lanes, and perhaps roundabouts may be required in conjunction with new development. These improvements are described in the traffic impact study, attached as appendix A. It is important to note that the potential widening of the frontage road depicted in the overall master plan graphic is not necessarily the best or required solution. It is a potential solution but the final design of road improvements will need to consider not only the traffic volume requirements but visual impacts and community preferences as well. 4.6.2.3 Provision for Bicycles and Pedestrians A pedestrian/ bicycle path should be created on the south side of the frontage road running the entire length of the Lionshead study area. Providing an unbroken pedestrian/ bicycle path to connect 1� the main Vail roundabout to Cascade Village, this pathway will conform to the current Town of Vail standards regarding width and material. 4.6.4 Visuallmprovements It is essential that improvements for better traffic flow be accompanied with aesthetic improvements in order to break up the perceived width of the improved roadway and to give a stronger image to this north edge of Lionshead (see figure 6-5). Improvements could include landscaped medians and a consistent landscape treatment between the South Frontage Road and the eastbound lane of 1-70. Fragile understory plantings should be avoided in favor of street trees and hardy ground covers that can survive winter snowplowing activities. This corridor should also include new directional signage, described in section 4.10.1.1 4.6.4.3 Pedestrian Sidewalks and Crossings A series of primary and secondary pedestrian walks should be created connecting the West Lionshead area with the Lionshead core, the frontage road, and the ski yard. These walks and crosswalks are identified on Map Q and Map T. 4.6.4.4 Visual Improvements As the road systems and adjacent lodging properties in west Lionshead are upgraded it is critical that a consistent visual character be developed through the design of new pedestrian walkways, landscaping, retaining walls, lighting, and site furnishings. For further information on these systems, see chapter six, Site Design Guidelines. 4.7 Loading and Delivery 4.7.1 Properties with Direct Service Access As a general rule, properties that can provide for their own service and delivery needs should comply with the following guidelines: a. Loading and delivery facilities should be located deep enough into the property that the estimated peak volume of service vehicles does not back up into or block the access road or pedestrian areas. b. Service drives and loading docks must be screened with landscaping, fencing, retaining walls or other appropriate design techniques. c. All reasonable measures shall be taken to prevent noise and exhaust impacts on adjacent properties. d. In no case shall a property utilize the public roadway or pedestrian area to stage service and delivery vehicles. 4.8 Parking Parking is a critical component in a mixed-use resort environment such as Lionshead, and any efforts to enhance this component should adhere to the following goals and guidelines: a. Parking must be sufficient to meet demand. Correctly assessing parking demand in an environment such as Lionshead is difficult but extremely important. Overestimating parking demand can be as damaging as underestimating demand due to the extreme expense of parking space (especially if structured) in a real estate environment such as the Vail Valley. Likewise, parking is a large consumer of ground and should be designed to 16 occupy as little real estate as possible. In tight margin developments such as mid-range hotels and locals/employee housing, the expense of parking can be the deciding factor as to the economic viability of the project. Due to these attributes of parking, it is important that true demand, or desired demand, be distinguished from actual usage. For example, the "free after three" program currently in place for the Town of Vail parking structures has undoubtedly increased the usage of these structures during the evening hours (the Lionshead structure filled in the evening for the first time in 1998). However, there has not been a corresponding increase in sales tax revenue, which was the original intent of "free after three". (Note- concrete studies regarding the utilization of the "free after three" program have not been conducted and it is strongly recommended that this occur if the program is to continue). It is hypothesized that a significant portion of people utilizing the free parking program are in fact employees or people that would have used transit or other means of access if the parking were not as readily available. In other words, parking usage often will rise to fill the available space, but the profile of the user may not be whom the parking was intended for. To be concise, the parking supply in Lionshead and the Town of Vail needs to not only meet the demand, it needs to meet the desired demand and should be structured or programmed in such as way to do so. Parking is important, but too expensive and land consuming to be provided without solid reasoning. b. Parking should be visually inconspicuous. Parking should be structured below ground whenever possible. Surface parking areas should be heavily screened with landscaping, berms, and walls. Expanses of asphalt should be interrupted with islands of landscaping or replaced with pedestrian quality paving materials. Surface parking areas should be avoided in or near the retail pedestrian core area. Although structured parking may be more desirable visually, it must be properly designed so as not to detract from the guesYs arrival experience. 4.8.1 Potential Displacement of Existing Parking The ground rules for the Lionshead master plan mandate no net loss of parking as a result of redevelopment. 4.8.2 Residential Properties As a policy, all residential properties should provide their own parking within their property according to existing Town of Vail regulations and the parameters described above. 4.8.4 Parking for Employee Housing The unit-to-parking space ratio for employee housing should be reduced to maximize the housing opportunities in west Lionshead. During the master planning process, the Vail Town Council toured several employee housing complexes in Keystone Resort that averaged .25 cars per bed (one parking space per four-bed unit). Most of these complexes at Keystone are removed from the core and depend on a bus transit system to carry emp/oyees to and from work. Yet, Keystone property managers have not observed a parking shortage. Likewise, at the Rivers Edge employee housing project in Avon, a parking ratio of .75 cars per bed has been more than adequate and the parking lot is underutilized. 4.9 Housing 17 Recent community surveys and grass-roots planning efforts such as Vail Tomorrow have identified the lack of locals housing as the most critical issue facing the Vail community. Early in the Lionshead master planning process, west Lionshead was identified as an opportunity area to implement some of the community's housing goals, particularly relating to employee housing. These opportunities and associated issues are outlined below. 4.9.1 No Net Loss of Employee Housing Ground rule number five of the master plan states that there shall be no net loss of employee housing in Lionshead as redevelopment occurs. 4.9.3 Policy Based Housing Opportunities The first means of implementing housing goals in Lionshead is through policy based requirements such as the employee generation ordinance currently being pursued by the Vail Town Council. As required by a future ordinance, all development and redevelopment projects, as a prerequisite to project approval, should provide housing for employees generated and to the extent possible this housing should be located in the Lionshead area. 4.10 Gateways, Landmarks, and Portals The lack of spatial hierarchy or organizational clarity is a fundamental problem in the Lionshead pedestrian and vehicular network today. This section discusses the need to create a series of gateways, portals, landmarks and useful public spaces that will increase and enhance the character and identity of the pedestrian environment. 4.10.2 Landmarks A landmark is a significant architectural element that all the visitors to Lionshead can identify and remember. Landmarks signify important points of entry, turning points and critical intersections in the pedestrian network, as well as destinations and visual reference points. The single landmark in Lionshead today is the Gondola clock tower, which will be replaced with the Vail Associates core site redevelopment. Appropriate locations for new landmarks in Lionshead are the east pedestrian portal, the central retail mall adjacent to the main pedestrian plaza, and the west pedestrian portal adjacent to the intersection of West Lionshead Circle and Lionshead Place. In addition, the potential civic center complex at the east end of the parking structure should function as a significant architectural landmark for the east end of Lionshead. 4.11 Public Art Through the Art in Public Places Board, the Town of Vail has long recognized the importance of public art in pedestrian environments. Future development and redevelopment projects in Lionshead, especially projects impacting the retail mall and primary pedestrian environments, should seek to incorporate public art according to the Town of Vail Art in Public Places Master Plan (not adopted as of the writing of this document). Pedestrian circulation systems, portals and gateways, landmarks, pedestrian plazas and architecture all present opportunities to incorporate public art. 4.13 Live Beds The maintenance, preservation, and enhancement of the live bed base are critical to the future success of Lionshead and as such, special emphasis should 18 be placed on increasing the number of live beds in Lionshead as the area undergoes redevelopment. The Lionshead area currently contains a large percentage of the Town's overall lodging bed base. The bed base in Lionshead's consists of a variety of residential and lodging products including hotels, condominiums, timeshares and hybrids of all three. The vast majority of live beds in Lionshead are not accommodation units in hotels, but instead, in dwelling units in residential condominiums such as the Vail 21, Treetops, Antlers Lodge, Lion Square Lodge, Lifthouse Lodge, Landmark Tower and Townhomes, Lionshead Arcade, and Montaneros, all of which have some form of rental/property management program that encourages short term rental of dwelling units when the owners are not in residence. It has been the experience in Lionshead that condominium projects which include a voluntary rental management program have occupancy rates which exceed the occupancy rate of hotel products, and therefore tend to provide more live beds and produce more lodging tax revenues to the Town. Applications for new development or redevelopment which maintain, preserve, and enhance the live bed base in Lionshead have a significantly greater chance of approval in the development review process than those which do not. 4.13.1 Live Bed Definition Pursuant to Policy Objective 2.3.3, live beds (and warm beds) are defined as residential or lodging rooms or units that are designed for occupancy by visitors, guests, individuals, or families, on a short term rental basis. A live bed may include the following residential products: accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units (i.e., lock-off units), and dwelling units which are included in a voluntary rental management program and available for short term rental. 4.13.2 Location of Live Beds Live beds should be located in Lionshead pursuant to the Lionshead Mixed Use 1 and 2 zone districts. All properties within Lionshead, when developing or redeveloping and providing new residential or lodging products, should provide live beds as defined herein. 4.13.3 Hotel-types of Services and Amenities To aid in the furtherance of Policy Objective 2.3.3 of the Plan, the creation of additional live beds should include hotel-types of services and amenities. Such services and amenities may include, but not be limited to, the operation of a front desk, registration/reservation capabilities, recreational amenities, guest drop-off, on-site management, etc. These types of services and amenities in multiple family residential dwellings will increase the likelihood that the dwelling units will be made available for short term occupancy and help to promote improved occupancy rates. 4.13.4 Review of New Development and Redevelopment Projects The Planning and Environmental Commission shall consider the policies and direction given by this Plan with respect to live beds when reviewing new development and redevelopment projects in Lionshead. Applications for new development or redevelopment shall maintain the live bed base in Lionshead. Applications for new development and redevelopment which enhance the live bed base have a significantly greater chance of approval in the development review process than those which do not. A proposal's 19 adherence to the policies contained in the adopted master plan will be one of the factors analyzed by staff, the Planning and Environmental Commission (PEC), the Design Review Board (DRB), and the Town Council (as applicable) in determining whether to approve or disapprove the specific proposal. Chapter 5, Detailed Plan Recommendations This section of the Lionshead Master plan examines individual parcels and groups of parcels within the Lionshead study area, excluding the residential properties on the south side of Gore Creek. The intent of this chapter — and the Master plan as a whole - is to identify important functional relationships and visual objectives within the district and to propose a framework for the long-term redevelopment of Lionshead. The document does not intend to limit or eliminate ideas relating to specific parcels; any proposals consistent with this framework should be considered even if they are not anticipated in this document. The parcels addressed here are organized generally from east to west, starting with the civic hub on the eastern end of the parking structure. 5.19 Evergreen Lodge at Vail The Evergreen Lodge is located directly east of the Middle Creek Stream Tract and is bordered to the north by the South Frontage Road, to the south by the Vail Valley Medical Center, and to the east by the WestStar Bank office building. The lot area is 114,337 square feet or 2.625 acres. Physical improvements that currently exist on the site are a nine story stucco hotel/condominium structure with an adjoining two-story hotel facilities wing, two below-grade structured parking garages, and paved surface parking. The nine story structure has a predominant east-west orientation along the southerly edge of the site while the facilities wing has a north-south orientation along the western edge of the site. The eastern parking garage is utilized by the Vail Valley Medical Center for employee parking and is accessed from the South Frontage Road through a shared entry/exit with the WestStar Bank office building. Opportunities for future improvements and upgrades include: • Creation of more underground parking; • Architectural enhancements consistent with the Lionshead Architectural Design Guidelines; • Improved exterior lighting; • Coordinated vehicular access; • Improved streetscape and landscaping along the South Frontage Road,� • Improved pedestrian circulation; and • Upgraded and expanded hotel accommodations and amenities 5.19.1 Pedestrian Access Pedestrian access should be upgraded to provide a safe and attractive pedestrian connection from the South Frontage Road, through the Evergreen Lodge development site, to West Meadow Drive with a continuous pedestrian/bicycle path along the South Frontage Road, as depicted on Map T herein. A gravel path connecting the South Frontage Road to the paved pedestrian path located on the east side of the Dobson Ice Arena presently exists along the south side of the property. This path, while functional, receives little, if any, regular maintenance and includes a railroad tie set of stairs that is unsafe and in disrepair. 20 There are currently no pedestrian improvements located along the South Frontage Road. Though no improvements exist, a fair number of pedestrians use the southerly edge of the South Frontage Road when entering or exiting the site. In order to improve pedestrian access and safety, it is recommended that future redevelopment of the site includes the construction of a continuous pedestrian/bicycle path along the South Frontage Road and that the existing gravel path along the southerly edge of the site be improved and regularly maintained. Said improvements may necessitate the need for pedestrian access easements through the site. 5.19.2 South Frontage Roadlmprovements and VehicularAccess The site is currently accessed by vehicles off of the South Frontage Road from two, full movement, two-way access points. The current location of these access points relative to the existing access points for the WestStar Bank Building, Vail Valley Medical Center parking structure, Town of Vail Municipal Buildings, and potential future access points to the Vail Valley Medical Center and Vail lnternational 8uilding results in undesirable traffic flow and turning movements creating traffic safety and capacity concerns. In keeping with Policy Objective 2.3.4, Improved Access and Circulation, of the Plan, opportunities for public transportation and vehicular circulation improvements should be explored in conjunction with any future redevelopment of the site. Possible opportunities for improvements may include, an improved mass transit stop, relocated/reduced/shared points of entry/exiting, restricted access points, acceleration/ deceleration lanes, greater sight distances, dedicated turning lanes and landscaped medians, and the evaluation and possible implementation of an intersection solution, such as a roundabout. 5.19.3 Preservation of Existing Accommodation Units The Evergreen Lodge presently contains 128 short term accommodation units. In addition, The Evergreen Lodge a/so contains a restaurant, lounge, spa, and meeting space facilities incidental to the operation of the Lodge. Given the importance and need for short term accommodations to the vitality and success of the community, any future redevelopment of the site shall ensure the preservation of short term accommodation units on the site. The preservation of short term accommodations should focus on maintaining the number of existing hotel beds and the amount of gross residential square footage on the site as well as requiring the preservation of 128 accommodation units. With this in mind, the quality of the existing accommodation unit room could be upgraded and the rooms could be reconfigured to create multi-room suites. In no instance, however, should the amount of gross residential floor area devoted to accommodation units be reduced. In fact, opportunities for increasing the number of accommodation units beyond the existing 128 units already on-site should be evaluated during the development review process. For example, the construction of "attached accommodation units'; as defined in the Zoning Regulations, could significantly increase the availability of short term rental opportunities within the building. 5.19.4 Impacts on Middle Creek Stream Tract The Middle Creek Stream Tract lies to the west of the Evergreen Lodge. The Tract is owned by the Town of Vail. The tract is heavily vegetated with several substantial deciduous trees and a significant lower layer of 21 underbrush. Although the site borders the Middle Creek Stream Tract, there is no significant amount of quality vegetation on the site, and the parcel lies out of the 100-year flood plain. As currently configured, opportunities exist to better recognize the benefits of creekside development. While the natural riparian corridor of Middle Creek needs to remain protected and preserved, the physical and visual relationships and references between adjacent development and the stream tract should be strengthened. An opportunity exists to create a significant connection between the Evergreen Lodge and Middle Creek. Any use of Middle Creek for aesthetic or recreational purposes, however, should be subordinate to the preservation of the natural riparian corridor and its inherent natural character. The Middle Creek Stream Tract may provide an opportunity for the construction of a recreational path connecting the South Frontage Road to the existing pedestrian paths at the Dobson Ice Arena. 5.19.5 Relationship to the Vail Valley Medical Center and the proposed Vail Civic Center Perhaps the most critical functional relationship is the need to coordinate any future development on the Evergreen Lodge site with the Vail Valley Medical Center. For example, every effort should be taken to ensure that future development on the Evergreen Lodge site does not preclude the Vail Valley Medical Center from reconfiguring the design of the medical center to eliminate vehicular access off of West Meadow Drive and relocate the access to the South Frontage Road. Additional opportunities may include, shared service and delivery facilities, grading and site improvements, shared parking, pedestrian pathway connections, and land exchanges. 5.19.6 Service and Delivery Service and delivery functions for the hotel are accommodated on grade from the westerly entrance. Service and delivery for the Evergreen Lodge should occur underground or be hidden from public view. Service and delivery truck turning maneuvering should not negatively impact traffic flow on the South Frontage Road. With a realignment of the vehicular access points, attention should be given to the location of service and parking areas. An additional level of structured parking at the current Frontage Road level would help to minimize the apparent height of the existing or future structures, decrease the grade at existing access points, increase the amount of landscaping on the surface of the structure, and hide service functions below grade. 5.19.7 Setbacks from the South Frontage Road Special consideration should be given to the setback of buildings from the South Frontage Road. Pursuant to the Lionshead Mixed Use -1 zone district setback standards, a minimum 10-foot (10') setback is allowed. Given the relationship of the development site to the South Frontage Road, the need for adequate area for vehicular traffic circulation, the importance of a landscape area to visually screen the massing of the building, and the existence of a 30-foot wide utility easement along the southerly edge of the South Frontage Road, the minimum required front setback for the Evergreen Lodge development site shall be thirty feet (30). This increased setback requirement shall supersede the 10-foot 22 setback requirement prescribed in Section 12-7H-10, Setbacks, Vail Town Code. 5.19.8 Architecturallmprovements The architectural design guidelines (Chapter 8) discuss several transition tools that can be used to adapt an existing building to the new character and architectural quality desired for Lionshead. Given the high visibility of the buildings on this site and the extent to which they influence the quality of the experience of passers-by, all future development on the site should be closely scrutinized for compliance with the applicable architectural design guidelines. 5.19.9 Public Transit Stop A public transit stop is presently located east of the WestStar Bank Building, across the street from the Town Municipal offices. Through the future redevelopment of the Evergreen Lodge and the Vail Valley Medical Center, an opportunity exists to potentially relocate the transit stop to a more optimal location. Chapter 6, Site Design Guidelines Chapters four and five identified important public spaces and pedestrian corridors that together define the underlying structure of Lionshead and form essential connections between the district's primary destinations. This chapter on site design guidelines describes the detailed elements that lend character and quality to the overall fabric of public spaces. The master plan envisions a hierarchy of pedestrian spaces and, as outlined in this chapter, demands increasing attention to detailing in areas where public use will be more intense. Any projects or situations that do not fall within the framework described below shall conform to the existing Town of Vail regulations. 6.4 Secondary Pedestrian Walk Secondary pedestrian walks (see figure 6-3) are similar to primary pedestrian walks except that they are not located on primary pedestrian corridors and thus carry a lower volume of pedestrian traffic. The suggested minimum width for these secondary walks is six feet, although wider walkways may be required where anticipated pedestrian traffic volumes are greater. Poured concrete may be used as a paving material. All other design parameters that apply to primary pedestrian walks also apply here. 6.6 Pedestrian Path Pedestrian paths are located outside of the primary Lionshead pedestrian environment (see figure 6-4). They include stand-alone circulation corridors, such as the Gore Creek recreational path, that are most often built with asphalt surfaces. These pathways generally carry a lower volume of traffic, but their width should reflect both anticipated volume and anticipated type of traffic, as bicycles, rollerblades, and skateboards also utilize these pathways. Lighting, signage, site furnishings and landscaping will be a function of a pathway's intended use, location, and traffic volume. 23 � . ..'k � ` ' . 1 ," � �i ,1� *t � '� , 1�� � �_ ;�1 %� . E_` A �1 , _� � �T�� � �� � _ � i �w T � ��+. � _ ��a�-. .�t��y—+�_� ` � !J_� . i � k-- "— °` � � } � �� . �,�� ���T�- � "��- �� � � � �����.�„��X�� j �.n�x .�.�...�u..�.w-��v�a,ua..o..�... � � �� �WfH�TilMik�lF�tu� . n��. � � �. e �I � �'�r `�'�,��' ��' :_--�'� "'S�- I 1 _--.-- ., ��,;;�;t:�,u " �.�u�.u.,.�.. T [41N�1�EA� Lr eu.Yrnirel^r�ENY li�'L'RE' L2- 1'Yl'7CId. �'RV.HARf PF.iGF_STRl..i.k IF',i'_[ � ' � . . � fy�r ' 'l l �, � � :�•'� ' � #� � 1 j '..' y ti .`1 -' • P , x . ,,G _. ,, � yP '� + y�y -_ • i-� �.:. ��#•. �' �.,� ��1 �-- " �� '�{� _ 3 �,� �� �. � � o t� � �.3. 9� � Y . i��� �� ° ���� � wNe�u.n ,� r � rrta.�r:�+rr.snmfax�+n.ar.rm.rn. � n5 Fp' BSwkY IJ t� 2Y 4 .��� —r - �, 3 E�_ � � ��7 �F- �zvvu �n rsn.uw s�r aa�s�+ner �nu�mu+w wuR Lli]NSHEA�. AEDBYCLf�?Nk'N1 � PPF.DliS'77tFlM1'WAY.I - T-�� + 1 ' xk15�PLd1+l�i'AMF�MQMx4 :l ll. _ �j [�°_' � �-�.»�..,,,,,��:,,�� ' � � i � , i � � � ', i -ry € I „ ! � � t�d ~� ��� � �r��a...��� ��,.� ,.���,��.,�.�.�„ r,.��wa+n.r� ir�auR n� �.ac� us� ,r s.ie �uvro wr ,� � �.s,.�..,.!R� i � � /� �. : ���::� � �- . .�� r:�� � ���.�'�`: � U.�.,,� . �,u..�a.,, � �. �...�. i� MYMf hw.7lii�I..W €lG�fPlE e3. SAiIl7'8 6��.4'P�C.� lL1.AIT3'.L��('1Jri•'M Chapter 8, Architectural Design Guidelines ,.��.��. �rc�r�s��:�� EEUE4E[.plYHH1 .v._(�,.'�,._y..T..Y_�.—._�. 8.1 Vision Statement The Lionshead neighborhood in Vail presents the opportunity to establish a dynamic and exciting community within one of the premier resorts in the world. Lionshead's mountain location, proximity to the ski slopes, and ample residential base evokes the vision of a truly special place, full of vitality and interest. This vision can be achieved through redevelopment of the community by addressing site and architectural issues, and through consistent and effective transitions from existing to new buildings. The pedestrian experience of the public spaces within Lionshead is the most critical issue for redevelopment. Many of the existing spaces are static and uninteresting, due to a prevailing grid organization and lack of animation and architectural coherency within the spaces. One of the most effective ways to intensify this experience is through careful design of the architecture which defines the public spaces. Visually dynamic variation at the pedestrian level can help avoid a monotonous streetscape, and judicious use of ornament, detail, artwork, and color can reflect individuality and establish a variety of experience. The architecture of Lionshead is envisioned as a unified composition of buildings and public spaces based on the timeless design principles of form, scale, and order, made responsive to their setting and environment. It is not envisioned as a strict dictation of a specific "style" or "theme." Many existing buildings within the community are built of monolithic concrete slabs and lack any sense of order or personality. The new image for Lionshead should move towards the future— using historical alpine references and Vail Village as antecedents. This design framework will allow individual property owners freedom of expression within the personalities of their buildings while establishing and maintaining an overall unifying character and image for the entire community. In addition, it is 2� paramount that the redevelopment effort address specific design considerations generated by the location, climate, and surrounding environment, such as addressing views, using indigenous building materials, and reflecting the alpine heritage. Designing in response to our regional heritage, adhering to a consistent architectural order, and enhancing the public experience will enable Lionshead to define its own identity—making it a distinct and special place not just within the context of Vail, but within kindred mountain communities around the world. 8.3 New and Existing Structures 8.3.1 Special Provisions While these Guidelines offer a roadmap for the redevelopment of Lionshead, they are not intended to limit the efforts of developers and/or designers involved with new and existing structures. It is understood that many of the buildings within the community or may be unable to comply with some of the criteria described in the ADG. Many existing buildings, for instance, may already exceed the height criteria identified. Some existing roof pitches within the community may not meet the numerical values described. And many of the existing pedestrian streets may fall well short of the "ideal" proportions depicted. These and similar issues will be handled on a case-by-case basis, with determination of compliance based upon whether the building meets the general intent of these Guidelines and the tenets described herein. Similar to existing structures, it is also understood that from time to time the Town may determine that it is desirable to afford flexibility in strict application of the Guidelines to new development projects. In these instances, the reviewing body shall rely upon the stated review criteria for deviations to the Architectural Design Guidelines outlined in sub-section 8.3.3.A contained herein. Proposed renovations or additions which meet the general intent of the ADG will be offered more latitude with respect to specific non-compliant items than those which stray from the overall vision of Lionshead as described within—variances will be granted from the detail of the Guidelines if the overall intent is met. In addition, any meaningful efforts to enhance existing structures will be recognized as positive progress, and strict compliance with the "letter" of these Guidelines is not meant to discourage potential improvements. 8.4.1.2 Building "Roles" Certain building sites within Lionshead occupy special locations within the urban "fabric," or "texture" of the community. To make best use of these special sites and energize the pedestrian experience, buildings on the sites will be required to meet the criteria that immediately follow, in addition to the general criteria described throughout the rest of the document. The locations of the special sites are identified within the Lionshead Master Plan. This section outlines specific architectural requirements for buildings which occupy these critical sites, based upon the types of buildings, or building "roles" most appropriate to the sites, including portals, edge definers, space definers, and landmarks. 26 ���1.1�_ liSil��:�; .��.r.s.,�:lr�i!rwrii,:'Ir����;rie:�,., � .,�,.: * �+:;��. - "`: :�. �15� . ,� i,$:e ,� X� � ������� e4 eF + : / � � ��'�° � ,, �-'_ a ` 1� ,,_ , ,V r� �..,,,.. „� ,i,.r.c., ,,,...�:i r„ rt��:r,•i!,• , ., , ��.1.ti l.;�n.11r:�trl,sre'rilJp����'c'ii7t: �n3at� � ; l i��++sl;v�:J Portals Portals act as the "front doors" to communities or urban spaces and therefore often present the first images to pedestrians. Buildings which are located on key sites need to act as inviting and "friendly" portals to or within Lionshead. Stand-alone structures can act as portals through appropriately-scaled, large openings and significant mass, while multiple structures can accomplish this through proper siting and relationship to one another. Human scale can be achieved with portals by introducing horizontal architectural components which relate to the surrounding context, such as retail frontage heights and other critical eave heights. This can also be achieved through careful design of detail which is considerate of the human form; that is, detail which relates to dimensions people are most comfortable with, such as railing heights, head heights, story heights, and similar proportions. Portals within Lionshead can be effective if they present enough mass to enclose the spaces they are defining, with enough open area to present the sense of entry needed for a community of its size and complexity. They may serve additional functions as well, such as living areas, bridges, or enclosed connectors, which can help to further animate the portals and provide additional income-generating space. Edge Definers Whereas portals act as the "front doors" to urban communities, edge-defining buildings act as the "exterior walls" for communities. Where the edges of Lionshead meet areas exterior to the community such as Vail Village, the Gore Creek Corridor, and the highway, buildings must present appropriately-scaled, well-defined edges to contain Lionshead or act as distinct transition zones from one neighborhood to the next. The form, massing, and height guidelines identified in Sections 8.4.2.2 and 8.4.2.3 will direct much of the design of these edges, but additional considerations such as building siting, scale, and architectural image should be taken into account as well. Building siting should allow for openings to occur between structures which make up the community edge, to encourage passers-by to take inviting glimpses inside Lionshead. In addition, buildings along edges should be scaled according to nearby structures. Architectural language should be used to offer a consistent image of Lionshead from the outside—proportions of buildings and the ways in which they are detailed need to reflect the overall image found within the community, and "loud," self- promoting buildings which reference only themselves should be avoided. Landmarks A landmark provides a sense of orientation for the community, and reinforces its "sense of place" or image. As such, it must be visible from key locations within the community, such as portals and major public spaces, and must offer an image consistent with Lionshead. As a unique architectural element, a landmark should 27 be designed to clearly stand out from the rest of the community, while still presenting a consistent design language. Care should be taken to provide a clear hierarchy between the village landmark and other, secondary landmarks. Landmarks are most successful when they serve special functions such as bell towers, clock towers, monuments, or public art, rather than being self-serving. Furthermore, they should be carefully scaled to the buildings adjacent to them, as well as to the overall scale of the urban village. 8.4.1.4 Transition Spaces General For the purposes of these Guidelines, transition spaces are defined as the architectural components which line pedestrian streets and other public spaces. With this in mind, all structures which form transition spaces shall be designed with the transparency and other characteristics described earlier in this document, along with the dimensional criteria to follow. The intent is to create a layer of frontage with interest and life, rather than the typical homogeneous shopping center so common today. To this end, great latitude is permitted for the design of transition spaces. Colonnades, Loggias, and Arcades Architectural features such as colonnades or loggias—comprised of columns supporting one edge of a roof and often called arcades—offer yet another way to provide successful transitions from public space to semi-public space. To maintain transparency, however, the components which make up these features—such as columns, piers, and planter walls—should be designed to allow unencumbered pedestrian movement around and through them. A minimum clear space of 6' shall be kept between building faces and streetfront columns, piers, and planter walls. This clear space will encourage two-way circulation along retail fronts, and foster comfortable movement. In addition, the ratio of solid mass (expressed by the column or pier width) to open area (expressed by the widths of the openings between the columns or piers) should be designed so it does not act as a barrier which prevents pedestrians from traveling along or through the colonnade. Changes in ground plane between public spaces and colonnades, loggias, and atria can also hinder freedom of pedestrian movement, and should therefore be generally limited to 12" or less. The overall intent of this section is to direct the careful design of architectural entities so they do not act as barriers between public spaces and the buildings those spaces serve. Within these principles, other factors such as elegant proportions, appropriate scale, and accessibility must also be considered. 8.4.2 Architecture 8.4.2.1 Introduction The architectural portion of these Guidelines is intended to provide a unified, conceptual framework using historical alpine references. It is imperative that the redevelopment effort address specific 28 architectural design considerations generated by the location, climate, and surrounding environment—such as addressing views, using indigenous building materials, and reflecting the alpine heritage. However, within this framework, the architectural language of buildings within Lionshead should strive to reinterpret its heritage and look to the future, instead of simply mimicking the past. 8.4.2.2 Building Form and Massing Building form and massing—as design determinants—are especially critical to the success of Lionshead as an interesting, inviting resort The forms of buildings and the ways in which they are massed offer opportunities to present a comfortable, pedestrian scale to the Lionshead traveler, and to strengthen the continuity of the streetscape throughout. Other vital corridors within Lionshead which are not along primary pedestrian/retail routes—such as the Gore Creek Corridor—can also benefit from well-designed massing which relates to the scale of those corridors. Form and massing act to marry a building to its site, whether the site is part of a paved plaza or sits within natural topography, and serve to "break down" the scale of the village fabric when viewed from the ski hill. The overall design strategy of building form and massing shall relate to the horizontal organization found within Lionshead (such as shopfront heights, important floor lines, and critical eave lines), and to the planning considerations outlined in the Lionshead Master Plan (such as build-to lines, sun pockets, and view corridors). The intent of this section is to guide the creation of a village which is appropriately scaled through the use of segmented forms and masses. The underlying fabric shall be constructed of structures which rise out of the ground gradually, rather than being vertical blocks set on the ground plane. At the pedestrian scale, the street level should be dynamic and interesting, by varying forms and masses at the bases of buildings. These building "skirts" should not be uniform one- or two-story masses, but rather fragmented forms which offer interest and diversity. 8.4.2.3 Building Height General The following building height and massing criteria shall apply to the Lionshead Master Plan study area, excluding all residential properties south of Gore Creek. Primary Retail Pedestrian Frontages On any property edge fronting a retail pedestrian street or mall (see site design guidelines for definition and locations), at least 50% of a building face shall have a maximum 16' initial eave height, at which point that face must step back a minimum of 12'. The remaining percentage of building face may have a maximum 36' initial eave height, at which point the building face shall step back a minimum of 12'. Eave height is defined as the distance 29 from finished grade to the initial primary eave of the structure. Gable faces of buildings are also measured to their eaves, excluding the actual wall area which comprises the gable. The intent of this retail/pedestrian street requirement is to present a dynamic, fragmented streetfront to outdoor spaces, rather than uniform blocks of building mass (see Section 8.4.2.2). Ski Yard and Open Space Frontages This paragraph applies to the portion of any property not meeting the criteria of the Primary Retail Pedestrian Frontages section above, and fronting on the ski yard or the Gore Creek corridor. Due to the unique and highly visible nature of these areas, building faces fronting them shall be limited to maximum initial eave heights of 48', at which point those faces shall step back a minimum of 12'. It is critical to note that the 48' maximum initial eave height does not allow for an unarticulated, flat building face from grade to 48'. The horizontal and vertical maximum unbroken building face requirements, as well as all other guidelines contained in this chapter and the Master Plan, shall apply. Remaining Building Frontage Building faces that do not meet the special site criteria of the sections above may have a maximum initial eave height of 60', at which point those faces must step back a minimum of 12'. To the extent possible, all new and redeveloped buildings in Lionshead should avoid "turning their backs" on other buildings or important pedestrian corridors. However, it must be acknowledged that very few buildings have prime frontage on all sides and almost all buildings will have different programmatic requirements and visual characteristics on their different faces. Toward that end, a building's greatest vertical mass and "back of house" functions should occur on the frontage with the least volume of pedestrian traffic. In addition, components of a building with the greatest vertical mass should be oriented north-south to minimize the blockage of southern views and sunlight. It is critical to note that the 60' maximum initial eave height does not allow for an unarticulated, flat building face from grade to 60'. The horizontal and vertical maximum unbroken building face requirements, all other guidelines contained in this chapter and the Master Plan, and DRB review and approval, shall still apply. Wall Surface Criteria Notwithstanding the previous height and setback requirements, there shall be no vertical wall face greater than 35' on a building without a secondary horizontal step in the building face (the horizontal step may be a cantilever or a setback). This requirement is intended to prevent large, unbroken planes in the middles of building faces, to further mitigate the visual impact of building height, and to provide for higher quality and more interesting articulation of structures. While many instances will necessitate a distance of at least 24" for 30 this movement, it shall be incumbent upon the developer to demonstrate that the intent of this requirement has been met. Absolute Maximum Heights Absolute Maximum Height is defined as the vertical distance from existing, finished or interpolated grade — whichever is more restrictive — to the ridge of the nearest primary roof form to that grade. With this in mind, the Average Maximum Height of any building shall not exceed 71 ft. Notwithstanding the notion of Average Maximum Height, the Absolute Maximum Height of any building shall not exceed 82.5 ft. Within any building footprint, height shall be measured vertically from the ridgeline of the primary roof form on a proposed or existing roof to the interpolated or existing grade directly below said point on a proposed or existing roof to the imaginary plane created by the interpolated grades (see Figure 8-15a-c) Calculation of Average Maximum Height The intent of implementing an Average Maximum Height for buildings is to create movement and variety in the ridgelines and roof forms in Lionshead. Toward that end, the Average Maximum Height of a building shall be calculated based upon the linear footage of ridgeline along primary roof forms. Any amount of primary roof form ridgeline that exceeds 71 ft. must be offset by at least an equal amount of primary roof form ridgeline falling below 71 ft., with the distance below 71 ft. equivalent to or greater than the distance exceeding 71 ft. The average calculation shall be based on the aggregate linear footage of primary roof forms across an entire structure, not separate individual roof forms (see Figure 8-15c) Average Maximum Height Calculation Average Maximum Height = �Primary Ridge Length (A) X Average Height of Ridge (A)] + �Primary Ridge Length (8) X Average Height of Ridge (8)] +�Primary Ridge Length (C) X Average Height of Ridge (C)] +(...] ----------------------------------------------------------------------------------------- (Primary Ridge Length (A) + Primary Ridge Length (8) + Primary Ridge Length (C) + (......)] Additional Requirements/Exceptions All buildings, regard/ess of permitted building heights and massing principles, shall conform to all established Public View Corridors (see Lionshead Redevelopment Master Plan). Special "landmark" building elements, such as chimneys, towers, or other unique architectural forms, may exceed the Absolute Maximum Height, subject to approval by the reviewing board. This provision is intended to provide for architectural creativity and quality of building form, and shall not be used as a means or circumventing the intent of the building height limitations. In addition, regardless of final building height, buildings shall avoid monotonous, unbroken ridge lines, and shall provide visual interest through the use varied peak heights, roof forms, gables, and other appropriate architectural techniques. 31 �,... ..,, .: � li � It _ -_ I �. � .,�# , . �/ { � ,. .� �,, Pr;urr X-1iu— ltnildi��;; Pcrq�rc�ii�c r � � � f � . . . . . ., , �. � r .� . � .. . � . �.... ... . „� in � r. ,. . '♦ . :�,. � . � � � . � . � � � � � � � � � � � � il ' � i Stcuawv + I RfR! Fzt M J ` � � f 1 � 1 I f ' I L-- --�--��-- � --� .,-�„in�:..:.. iii � .. :t.. �;:.vi��,:,i�.:r . _ ii r..-..�-�,..; . ,,:=�,i w,:•.:.��� �„- � r . � a a��-:,,.i�.�..�._ It�.�� I .. . 1) � � 1. a(: `' 13 . � o 4 �f �i - - i,. �,,.c..,,. i� . i, � _. 1'i, u rr .Y-! +M -- . r �,-.... s., �� . �. �i .,.. �::r. �...,. � �. � ♦ i � i, ,, �. . i�.��. �-e,. � � in�.; .. n�,��:.uu �au<.e. i�i:ou� I .�.: c .. . ( .ac �ax �41n�seH � I3���:��1 l� �gurr R-1 ir —.Scheniutir IGiilding S�•i�linnw , r- .,� .,� ;!, 8.4.2.4 Exterior Walls � � =i �i � r �� 1 — ���.-. { � �: - � �� �� ' liT,�'- � r �-�' #�1 �i '� �r__��. � � ��.,a„y,x T � ' ��'-- � i _� � ��� 3 �_cisti�tt � General Exterior walls within Lionshead shall be designed with clear definition of base, middle, and to�. This organizing principle will weave the separate pieces of the community into a consistent fabric. The tripartite strategy of base, middle, and top will establish key datums, or special horizontal layers, within the community which reinforce the form, massing and height guidelines described earlier. To this end, the three-part definition of buildings shall relate directly to organizing principles such as existing datums, architectural elements such as storefront colonnades and awnings (where applicable), and massing strategies such as building setbacks and maximum heights. This strategy can relate to form and massing principles through the development of street-level setbacks defining the bases of buildings where appropriate, and minor setbacks relating to the middles and tops of buildings. The bases of buildings should be visually dynamic to heighten the pedestrian experience. In addition, their interface with the topography of the site is crucial, as they act as the transition zones between man-made structures and natural grade. Visual dynamics at street level are most effectively accomplished through the introduction of secondary forms, materials, colors and detailing. However, the use of indigenous materials at the primary elements (see following sections for definitions) is critical in tying buildings to their sites. Rhythm and order should be introduced to guide the traveler through the streetscape, and offer an enhanced sense of movement through Lionshead. To reinforce this intent, street-level walls shall not span more than 30 feet horizontally without significantly varying at least 2 of the following 5 characteristics: • Massing or Height • Material, Fenestration, or Color When massing or height are varied, buildings with street-level walls may vary material, fenestration, or color to meet the 30-foot span requirement; however, if massing or height are not varied within 30 feet, material, fenestration, and color must be varied. Existing buildings may disregard the 30'-maximum horizontal wall guideline if their structural bays or other organizing elements exceed 30', provided that the distance over 30' falls within reasonable limits. An existing building with 36' structural bays, for instance, is not required to further divide those bays; however, an existing building with 48' structural bays may be required to divide those bays into 24' sections, depending upon the nature of the pedestrian street frontage. The middles of buildings within Lionshead shall read as "quieY' masses when compared to building bases and roofs, and should 33 1'rg8-l�V: 1/n.snn���,•�„E��•��,ri hc� i���F�r; lu ����u�rircct�� l�r�il�liir.��s ��� nc��ir.srtc�s- act as a unifying background throughout the community. This should be done through the use of simple materials, such as stucco, and more consistent, repetitive fenestration and detailing (see Sections 8.4.2.5 and 8.4.2.9). Building middles should not be designed as less important, banal elements, but rather as elements which present interest and articulation through subtle detailing—through fenestration, shutters, trim, and the like— instead of massing. The tops of walls shall be designed to comfortably engage their pitched roofs, without the abrupt changes in form and massing so commonly found in structures with primarily flat roofs. Walls should also be used to visually reduce roof heights, through the careful design of lowered plate heights and integrated dormers, which help to merge wall planes with roof forms and interlock building masses with roof masses. The tops of buildings shall be capped with well-proportioned, pitched roofs, acting as the uppermost unifying image within the architectural fabric of Lionshead. Roofs viewed from pedestrian streets should nearly disappear from view as travelers approach, due to their pitches relative to ground-level sightlines. However, viewed from a distance, roof forms within Lionshead should offer a consistent roofscape to the observer within the community or on the mountain adjacent to it. Guidelines which direct the design of the roofscape are described in Section 8.4.2.7. nc�� hci�ht 30� max at hciJ�t ":A � nc�v h�i�_*ht . � 1 nc�+� mat�l ! 30' max at material & crilor-�A�� � ne��� mat�l ncw ci,lor new coior F i,� �- l9: ('r�lonnnde nmt shopft�oyat crite�-ia. 34 � 6� clear Materials (Genera/) As mentioned earlier, building materials should be carefully selected to recall the heritage of our alpine antecedents, yet look forward to the vision of Lionshead as a modern resort community. The specific requirements and limited palette of major building materials described herein are intended to reinforce the visual harmony envisioned for the community and act as additional unifying thread for the resort. Materials used at primary building elements�lefined as those which exceed 500 square feet (SF) in wall surface area—shall recall and relate to the indigenous materials of the area and enhance the sense of our Colorado mountain resort heritage. They are described below according to their most appropriate locations within the tripartite order of individual structures. Secondary building elements, or those which cover an area of 500 SF or less, may be comprised of varying materials to add design flexibility, encourage individual expression, and enhance visual interest. They are not specifically listed within these Guidelines, but may include materials such as painted steel, canvas and similar textiles, colored unit masonry, and the like. Within this framework, creative use of materials is encouraged, but "patchwork" designs of inconsistent material locations or patterns should be avoided. All secondary building elements will be approved at the discretion of the reviewing body. Base Materials Materials selected for the bases of buildings must balance the transparency required at retail shopfronts with the strong, anchoring elements needed to tie buildings to their sites. That is, they must successfully integrate the notions of mass wall and frame wall. In addition, they should offer both large- and small- scale te�ure at the ground plane, to add varying levels of interest and heighten the pedestrian experience. With this in mind, building bases shall be primarily constructed of individual pieces or unit materials such as stone veneer. When using stone, veneers should be selected which lend authenticity to mass walls—thin veneers or those which appear as mere surface applique should be avoided. Battering may be used as an additional—but optional—design tool to visually strengthen the bases of structures. As mentioned earlier, secondary elements within building bases may incorporate accent materials, but these materials should be carefully selected to act in concert with the rest of the architecture. Shopfronts and other special street-level amenities have the most latitude with respect to material selection, but can be very successful if constructed of hand-crafted, durable materials. These types of materials can hold up to the careful scrutiny of the street-level observer, along with the physical abuse common to public ways. Acceptable accent materials include— but are not limited to—wood, wrought iron, forged or formed metals, and etched glass. 3� Middle Wall Materials The middles of buildings shall be constructed of neutral field materials such as true stucco, EIFS, or wood. These types of materials help to establish the "quieY' or "background" vertical surfaces necessary at the major wall planes which typically make up the bulk of structures. In addition, they offer an interesting difference between the dynamic nature of building bases and the more repetitive, subtle patterns of building walls above street level. Materials such as stucco should be designed as an expression of mass, rather than infill between structural members. Where building walls meet roofs, materials which successfully integrate the tops of buildings to their middles, such as wood in the form of brackets, rafter tails, and the like, are most effective. Approved materials for use on building roofs are described in Section 8.4.2.7 of these Guidelines. Colors Building colors for structures within Lionshead should be chosen to blend structures with the mountain environment, while offering visual and psychological warmth to observers. To this end, earth tones and other low-intensity colors derived directly from the surrounding mountains should be used on primary building elements, defined as those which cover more than 500 SF. Earth tones include hues such as off-whites, beiges, tans, and light grays, introduced in shades slightly darker than their natural counterparts. Colors inherent to the materials used, such as natural stones and naturally-weathering woods, generally offer the hues and textures most desirable within Lionshead, and such materials should not be painted. However, integrally-colored concrete, stucco, and semi-transparent wood stains are acceptable as well. In an effort to limit the palette of colors used on buildings and avoid the "patchwork" effect, no more than three colors should be used on primary building elements. Secondary building elements (500 SF or less in area) may be clad in accent colors to add visual interest to the overall streetscape. They should act as highlighting elements at storefronts, primary entries, and signage, and are most appropriate at lower levels to engage pedestrian interest. Upper levels, in an effort to act as the more "quieY' fabric of Lionshead, should avoid brighter colors and remain true to the earth tones listed above. When used, accent colors should reflect the natural mountain environment of Lionshead, with golds, oranges, reds, and shades of green, blue, and purple used most often. Colors foreign to the mountain setting should be avoided. Trim Trim colors, generally used on elements to express structure, door and window openings, significant floor lines, fascias, and the like, shall act in concert with field and accent colors. This is most effectively accomplished through the selection of deep or vibrant colors having the same or similar hues, but using different shades or tints. At street level, accent colors may be used on trim to express storefronts and reinforce the rhythm of the streetscape. 36 Fig �-?�1: Erttrv doors nt re�cirl sFzops slrotd�l e�.��pre.cs deturl �rn�l crnfLSn�aitshi�� _ 8.4.2.5 Exterior poors and Windows General In the tradition of mountain antecedents, openings for exterior doors and windows in buildings within the Lionshead community shall be treated as recessed elements in mass walls of stone, concrete, or stucco, rather than flush surfaces on them. Within frame walls, they shall be expressed as infill material between structural members, and recessed from those members. This treatment lends itself to the image of structures comprised of significant mass or structure, instead of curtain walls clad over lightweight frames. Given this general approach, however, door and window sizes, shapes, types, materials, and colors should relate to the tripartite order established through development of base, middle, and top. Exterior poor Sizes, Shapes, and Types Door sizes should be appropriate to their materials, with rustic, "heavy" doors generally used in stone or concrete to accentuate mass, and glazed, "IighY' doors used in field materials such as stucco and wood siding, or at window wall assemblies (see commercial front exceptions to follow in this Section). Entry doors located along retail streets and other public ways offer the first true glimpse of buildings when approached from those spaces, and should therefore be designed with hand-crafted quality and attention to detail. These doors should be oversized when possible, but in proportion to the frontage of which they are a part. Entry doors for large retail centers or hotels should be significantly larger than those found in smaller, more intimate shops. Other doors for structures, regardless of location, should be designed as part of an obvious hierarchy, with primary entry doors the largest, secondary entry doors somewhat smaller, and private or egress- only doors smaller yet. Shapes of doors should relate directly to their locations on the building, with rectangular shapes being the most prevalent. Specially-shaped doors and double doors are encouraged at primary entries along retail frontages, or as custom portals for private residences, while the middles of buildings should be characterized by more standard shapes. Special shapes should not be overused or used in a random, ad-hoc fashion; shapes such as arched heads or square, overhead doors should relate to the overall building architecture. Exterior poor Materials and Colors All exterior doors within Lionshead shall be constructed of high- quality, durable materials such as wood, metal-clad wood, or metal; doors at primary hotel, condominium, or retail entries may also include large areas of glass to attract pedestrians. Glass doors should relate to building orientation, views, or functions, with large areas of glass generally avoided in locations other than those noted. Maintenance-free materials such as copper, baked aluminum, and naturally-weathering woods are encouraged— 37 L - - -- „_ . � . . �r . . ,, , �:��.... ,. .„_., , �- . �r�,� X�, s ,, . 1� Fi,� 8-1=: C�lear 1rir�c�'oir hierarc�hi� hr base, midcNe, and toj�. painted metals and woods should be avoided whenever possible. Copper cladding and wrought iron doors may be left to patina naturally, while industrial metals such as steel and aluminum should be baked or anodized with finish colors to match building trim. Commercial fronts and private entries offer the unique ability to introduce hand-crafted, custom-built portals for businesses and private residences, and must also have the ability to display shop wares. They are therefore permitted more latitude with respect to materials, colors and amounts of glazing. Aluminum storefronts may be used on commercial structures, provided they are finished in factory finish. All-glass doors are permitted as well, with no limits set on the amount of glass permitted at retail level. Etched glass is encouraged to bring a level of detail to special storefronts. Doors which are part of window wall assemblies may also have large glass areas, to take full advantage of mountain views. All exterior door glazing shall be non-reflective, to minimize off-site glare, particularly from the ski mountain. Exterior poor Hardware Variations in designs and materials for exterior door hardware at primary entries are encouraged to bring a level of fine detail and creative expression to buildings within the community. Approved materials include brass, copper, wrought iron, wood, and industrial metals such as aluminum or steel. Industrial metals should be prefinished in colored or clear factory finish systems to reduce maintenance problems. Door hardware in areas other than primary entries should complement the surrounding materials and details. Window Sizes, Shapes and Types As with exterior doors, window sizes should be appropriate to their surrounding wall materials, with narrow, relatively tall windows used in stone or concrete, and larger, more expansive windows used in field materials such as stucco and wood siding, or in window wall assemblies. Fenestration within field materials should be designed with decorative trim and sills, or heavy structural frames, so they do not appear as "punch-outs" within those materials. Windows located along retail streets and other public ways offer locations in which to display goods to pedestrians, and should therefore be designed with particular care. Window walls should be designed in proportion to their associated frontages, with windows at large retail centers or hotels significantly larger than those found in smaller, more intimate shops. Other fenestration, regardless of location, should be designed as part of an obvious hierarchy, with lower-level, retail street openings the largest, and windows above somewhat smaller. Shapes of windows should also relate directly to their locations on the building, with rectangular shapes being the most prevalent. 38 Fi,� 8-?3: II'irtdoira� slrould bE thouglitJi�lh desi�ne�l �r�rci relut�� to �l�e irull ntc��eri�ii.s �rh�ch ,st;rrnii�id th� nr Fenestration located within the middles of buildings should be shaped and organized into fairly regular patterns, to establish rhythm and continuity. Specially-shaped windows are encouraged at walls along retail frontages, or as custom openings in distinct areas of private residences. They are also appropriate at dormers and other special roof elements. As with doors, specially-shaped windows should relate to the overall building architecture. And as a general rule, the variety of geometric shapes used should be limited to 3 on any given building. Acceptable window types include high-quality fixed, double-hung, awning, and casement units. Sliding windows and multiple- opening units such as jalousie are generally lesser-quality units not conducive to the mountain environment and should be avoided. At retail levels, bay, box and bow windows are encouraged to animate the pedestrian street and integrate public and semi-public domains. All windows should strive to add visual interest through careful design of mullions, muntins, and divided lites. The intent of the Guidelines is to recall the regional heritage through the thoughtful design of fenestration and how it relates in scale, proportion, and materials, to the tripartite order of structures within the community. Window Materials and Colors Windows within Lionshead shall be painted or stained wood, or clad in maintenance-free metals such as copper, or aluminum and steel with baked finishes. Copper cladding may be left to patina naturally, while baked enamel colors for aluminum and steel cladding should be similar to trim colors, and in similar complementary hues to wall colors or stained wood colors. Factory finishes should be selected to withstand the intense ultraviolet radiation found at higher elevations, and prolonged fade-resistant warranties should be considered. In addition, glazing shall be non-reflective, to minimize off-site glare, particularly from the ski mountain. Decorative shutters are permitted within Lionshead only if they are designed to operate or appear to operate. When used, they should be constructed of wood and finished with durable stains or paints. Their design and placement should be consistent and should not take on a random or haphazard appearance. Design freedom is encouraged within these parameters, and within the context of the other architectural elements found on the building, including handrail designs, ornamental iron, and similar detailing. 8.4.2.6 Balconies, Guardrails, and Handrails Location and Size Balconies should be carefully located with respect to their orientation to the sun, involvement with public spaces, and snow and watershed from structures above and onto structures or passers-by below. They should be sized as outdoor rooms, with ample space for outdoor furniture and other amenities, or merely as small, private parapets used as "step-outs" to allow fresh air 39 Figs 8-z� �� 8-' �. c«sron� gunrdrnils und balconr det��ils ai•e enco�u��t�,ecl �rirlii�r de.ri,�i� /�ai c�ntete��s into the adjacent room. False balconies and balconies which straddle these two roles should be avoided, as they tend to lack the benefits of either and are often left unused. Proper location and size will ensure that balconies become animated spaces, rather than outdoor storage areas. As animated spaces, their placement in public plazas and pedestrian streets—straddling the semi-private and public domains—will infuse those spaces with the vitality needed to draw visitors to Lionshead. Balconies which face service alleys or are located within other socially "dead" spaces, or are susceptible to water or snowshed are generally unsuccessful spaces and should be avoided in Lionshead. The intent of this Section is to infuse public spaces with the energy of occupied balconies, and encourage designers to avoid the design of lifeless balconies which remain unoccupied and therefore detract from public spaces. Materials and Designs Custom designs for balconies, guardrails, and handrails offer the opportunity for truly creative expression within these Guidelines, and unique design solutions are encouraged. Approved materials for primary elements such as guardrails, handrails, posts, and support brackets include stucco-covered walls (for guardrails only), naturally weather-resistant woods, wrought iron and other decorative metals, and steel. Materials such as glass, plastic, pipe rails, and metal panels are strongly discouraged. Secondary elements such as pickets and ornamental detailing may use other materials not listed above but will be reviewed on a case-by-case basis. Materials which meet the intent of the Guidelines and work in harmony with the architectural language of the building can lead to positive solutions, but all secondary building materials will be approved at the discretion of the reviewing body. Drainable balconies—or those which shed water off them via waterproof inembranes as opposed to letting water trickle through them—shall be designed whenever other balconies, pedestrian streets, or other public ways are exposed to water or snowshed from those balconies. Placement of the drain systems should be carefully considered to avoid passers-by below. Non-drainable balconies may be used in all other locations and should be constructed of weather-resistant woods or ornamental metals. Within these general parameters, balcony, guardrail, and handrail designs should be patterned after a rational order of structure and detail. Primary structural or decorative members should be in proportion to the balconies they are supporting, which in turn should relate to the overall building scale. An honest, straight- forward expression of structure should be sought whenever possible, avoiding design faux pas such as stucco-covered beams or grossly undersized brackets. 40 8.4.2.7 Roofs Fig 8-?6: F.are nienibers shoulct ��iszrn!!r chircir. and det�iled to relnte to !he res� u/ llie hr�ildin� �s urchrtec�ural lnn,��ua�e .��,�a. �.,� �- - ,,.. ,,.., �„ , !eird ��t��cnu�� �n ih� m�er��ll rnaJs�u��� �I�l.ians�heuc(. General In keeping with the spirit of the area's mountain architecture, primary roofs within Lionshead are to be predominantly gables and hips, with sheds or flat roofs permitted at smaller, secondary roofs. Primary roofs are defined as roofs which cover more than 500 SF of roof area, while secondary roofs are those which cover 500 SF of roof area or less. Secondary roofs which occur at logical breaks in building massing may exceed 500 SF if the general intent of fragmented forms and visual harmony is met. Free-standing sheds and butterfly roofs are not permitted. Mansard roofs are permitted on buildings where pitched roofs would be impractical, if the mansards are of similar form, pitch, material, color, and detail to other roofs within the community (and identified within these Guidelines). If used, these types of roofs should be considerate not only of views from the pedestrian street, but also those from the ski mountain. To this end, areas of flat roof within the slopes of the mansard shall be limited to the practical minimum, and the materials for the flat roof shall be black or in a color to blend with the sloped roof. In addition, rooftop equipment within the flat areas shall be painted to blend with the roof material (see "Miscellaneous EquipmenY' Section to follow). The overall image for Lionshead takes its cue from the simple, fragmented, gabled roof forms of European alpine villages, where views of the roofscapes from the mountains are paramount. All new construction shall comply with the following roof criteria. Substantial expansions and renovations shall also adhere to these Guidelines, along with the remaining portions of the building which are not being expanded or renovated (see exceptions above, in Sections 8.3.1, 8.3.4.2, and later in this Section). Roof framing shall be expressed wherever possible, particularly through exposed ridge beams, outriggers, rafter tails, and fascia boards. Dimensional Guidelines Roofs should be constructed with 30" minimum eave and rake overhangs, with dimensions dependent upon overall building size. Secondary roofs may have overhangs as small as 18", but should work with the overall scale of the roofscape. Ridge beams and outriggers should be of visually sturdy members (6x or 8x material for wood, and equivalent sizes for other materials), sized to support rafters and overhangs; decorative end cuts or patterns are encouraged. Rafter tails shall also appear sturdy (2x or 3x material for wood) and be exposed to express structure. Eave and rake fascias shall be wide enough to screen end profiles at metal roofs, and to offer a consistent image with respect to structural roof inembers. Pitch Roof pitches for primary inclusive. Pitch breaks architecturally appropriate in plane, etc. To add �1 roofs shall be from 6:12 to 12:12, are permitted when they occur at locations such as plate lines, changes variety to the Lionshead roofscape, Fig 8-_',S� .S�no�i;�Ttrard ci��t��il.c s!rr�uiJ rrlcu�� �n nt/rer nrrizrr�°�viu�nl ��icnrrit�.c nn �h�° l�irr%di�i,>. secondary sloped roofs may have pitches ranging from 4:12 to 12:12, and flat roofs may have limited use as secondary forms. Existing structures with especially large footprints may deviate from the pitch requirements if they meet the overall intent of the roof guidelines and are responsive to views from both the pedestrian street and the ski mountain. Steep mansard roofs which exceed the 12:12 maximum pitch criteria are not encouraged, but may be necessary in certain instances when excessive building dimensions make the 12:12 pitch requirement impractical. These buildings will be handled on a case-by- case basis, and evaluated on intent rather than quantitative criteria. Materials and Colors Primary roofs shall be covered with a limited palette of unit materials to present a coherent image for Lionshead. Approved materials for primary roofs include—but are not limited to—metal shingles, cementitious shingles, concrete tiles, wood shakes or shingles, and hiqh-quality asphalt shingles which offer acceptable colors and depth. Metal shingles may be of copper (16 oz/SF minimum weight), terne metal, or other materials with natural patina. Secondary roofs may be covered with metal panels, in corrugated, rolled, or standing seam profiles. Primary roofs shall be in neutral, earth-tone colors, with brown or gray tones—bright colors or reflective materials are not permitted. Roofs may incorporate blends to achieve desired colors—on-site mock-ups are required when blends are proposed. At retail levels, accent colors are permitted for secondary roofs to add vitality to the streetscape. Changes in roof materials or colors shall take place in logical locations, such as changes in pitch or changes in plane. Dormers Dormers are considered secondary roof elements, and as such are permitted some latitude in terms of form, pitch and material. Dormers may be gables, hips, or sheds, with pitch as identified previously for secondary roofs. When designed as an extension of upper-level walls, they should be constructed in the more traditional manner, above broken eaves on both sides of the dormers, as opposed to continuous eaves up and over the dormers. Design freedom is encouraged, and dormers with non- compliant forms or pitches will be considered if the overall roofscape provides the image intended. Snowguards, Gutters and Downspouts Snowguards or snowclips shall be used wherever significant amounts of snow may accumulate over occupied areas, such as pedestrian streets, entries, patios, decks, balconies, or uncovered parking areas. Pitched roofs which face north are particularly susceptible to snow and ice accumulation, as are lower roofs to the north of—and therefore in the shadow of—their higher neighbors. In these cases several rows of snowguards or many snowclips may be necessary. Snow and ice accumulation on metal roofs—which heat quickly during sunny winter days—is especially dangerous to unsuspecting persons or equipment. �2 Metal roofs which face south or are located significantly higher than adjacent, lower roofs shall be equipped with snowguards or snowclips to prevent injury to people or damage to lower roofs. Outdoor gathering areas which face south and are not completely covered may be exposed to water drip from the roofs above them. These locations—which may include heavily-used public spaces such as sun pockets or pocket plazas—are ideal candidates for gutters and downspouts. Where roofs are in constant shadow or have northern exposures, gutters and downspouts used in conjunction with heat tape may work well. Gutters used below snowguards should be designed to take the load of the accumulated snow and ice which snowguards frequently release. Approved materials for gutters and downspouts within Lionshead include aluminum or steel with baked finish, and copper or lead- coated copper. Gutter sections may be traditional or half-round. Snowguards shall be constructed of painted plate steel vertical supports (painted black, or to match roof or building trim color) with horizontal members made of materials which recall the structure of the building, such as timbers, logs, or tube steel . Large structures, where snowguards are not readily visible from street level, may use the more utilitarian expanded metal or mesh dams, welded to steel horizontal sections and vertical supports. All exposed steel shall be painted. Miscellaneous Equipment All miscellaneous rooftop equipment, including roof vents, antennas and satellite dishes, shall be painted to blend with the roofs to which they relate. Major pieces of equipment on commercial buildings shall be strategically located to conceal them from view, or hidden in cupolas or other structures— exposed equipment is not permitted. All flashings shall be copper or painted metal to match those found on exterior walls. The intent of these provisions is to present a well-blended roofscape throughout the community, as seen from the public spaces as well as from the mountain. Skylights/Solar Panels Skylights and solar panels are permitted within Lionshead if they are less than 3 feet higher than the surrounding roof. Both elements must be included in maximum roof height calculations, and shall be well-hidden from street level and the mountain. 8.4.2.8 Fireplaces and Chimneys Fireplace Requirements Fireplaces shall be designed to meet all applicable Codes, including the restriction on wood-burning units within Lionshead. Exposed flues and vents for gas-operated fireplaces or other equipment such as furnaces should be hidden from primary views, and painted to blend with the nearest building materials. �3 l-i,� 1�-?9: L)ecuratire chi�x�rer r�rps r�n adcJ rnrerest to the iroofsea��c�_ Chimney Sizes and Shapes All flues 6" diameter or greater which penetrate roofs shall be designed with chimneys. The sizes of chimneys should be in scale with the architecture of the building—not small enough to be lost in the massiveness of the structure, but not large enough to overwhelm the structure. Chimneys should be designed with relatively slender proportions when viewed from at least one profile, with height greater than width, and in rectangular shapes. Heights of gas-burning chimneys or boiler flues shall be designed to proportionally match their wood-burning counterparts, to lend authenticity and consistency to the overall roofscape. Chimney Materials Chimneys within Lionshead shall be covered in stone veneer (to match building veneer) or stucco, to express the alpine heritage of the area. Wood or metal-clad chimneys are permitted at small, residentially-scaled buildings only. Chimney Caps Chimneys may terminate in decorative caps of stone, stucco, or metal. Creative designs, such as arched openings within caps, barrel or pitched metal roofs, and the like are encouraged to lend interest to the building roofscape. Chimney caps should act as elegant crowns to nicely-proportioned chimneys, and should not seem bulky or top-heavy. When flat or pitched stone caps are used, they shall have a minimum thickness of 4". All chimney caps shall be designed to screen spark arrestors and other utilitarian equipment as much as possible. 8.4.2.9 Detail Detail should be introduced to the architecture of Lionshead to infuse heritage, culture, and artistry to the Lionshead environment. Well-designed ornamentation can serve to complement and perhaps intensify the other architectural principles discussed in these Guidelines, but should be designed to work in harmony with—and not against—the basic architecture. The design of signage, brackets, lightposts, and the like should present a hand- crafted quality, particularly at street level. Detail at the middles of buildings should rely more upon pattern or carefully-designed repetition to visually connect parts of a building together or separate buildings to one another. ,\��� �w�, , -. . �a. t � i.�� "�`� 1 Y4t`'!f I, , i, � ' u � ��.�I ` . �.. r � � �tJi, � �' �;`; �'� �'•b '!Ir ? � { ' �`'-� r [ � � ��,�-.� ` . , i � y��� �� Iri:_�� �� i� r� � � ''� � � � I � , i,, I � �' �� - �� j � f' 7.�.5 a�— �� 7�d°H ��f'— i�_': 17c•lcri�' S'It0lrI�7� 1'('.I�e'Cl j781'i!Cl,QE: (Ilt(.I 7'E'��1l3i1ClI e'Uf1f�.�'7. �P ��� , � = y. A � � � ,.,a G� I�� n i �''� Ea m��� � � � C1�H� a�,���� � � R ���A . �3� ;�� ��� �, � � r� � �a �� �� � _ � � � o,'Jf C' �; � � � �� E� Y � � � . ?� i � � �� r�-� fI' ��f t ,,�r�� ` .. �xJ �`, r 1 1"' 'l t �- ; � I � 5� 1� f �3! �� 1,,:,�,�i ' -.� i��� f ,• �"',�f� " ' ��-{ . �� . , � �, g �`s.f � �r;ti �1����� r/ " � °I � � �'� 1l'� . � ' �i ,����� �^ _ _ v I �, � ! 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' �� ,�` � • � .,. �,� �,, - rr,��, � � � � � ',5�'�'�. �' 4��"� �'V���� �� �'.� � �-_�I �:k i� �,� i� `. � , �. -� � _ � � _; ���� -� � 4 � � � . � � �� �� .� � �,�,� . . __ ^ � � 5' �^ I � I 5�4 t � • •� 5 . �. �, �� � � � ` 4 � �a { `� y"' '� � � �, � � � � a � � � � 1�� i. , � � � R� L � � I ���. � � � � � � �.4, ,}4���.�.. . � 7, � W �� _ � � �� � _- _ � � ' ":�l , il `y � �� . - � a � . ' '� �`�- ���- �� ` � �'� ¢—a4� � � ��''����. ,�� �,- �� ��"+, = r` � _ � � � � m �, _,r- �. �� d� .�i �� ��k F�.' °#_ _ ..� T"4.�_ �� , � '1 . �v IV. RECOMMENDED ACTION Because this is a work session, the Community Development Department recommends that the Town of Vail Planning and Environmental Commission listen to the presentations, ask any pertinent questions, and make preliminary comments regarding the Fairmont Vail project. V. ATTACHMENTS A. Vicinity Map B. Application Materials �7 � ; + f � � r� yP• F'�, # j�i � :. � j �. � �.t r7 �� °*`-� � ` �` >Ir 1 _ �+ ! 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V/ `. � i'�E"��f'' 1 , �' � , . � ��:. �, � -�� �s��`� �"� �� �' � .��- `� � � ` �,� � � � �� � �` � _ . _ ' . ��:;�. �_ � �'' � p � , ' �� � F.. � � ��}�\{�y���'��`��� : �� � Q � b � \ � f�� � . �� ��,$'.". �� }' .. � ?�1� ✓ � �y�,� �.� '��.. �. !� 4 � i � ." �`ljiw ���� •+ � �� � � � � � �� ��� ��,� �' ��� � � _ � !�i►�� - . -��,� �';. .� �� � �� � �. ; �:. - Q ��' � - .+ � �l� �r. r r �! +� �� J 'r� ,. � �� �� ��„�_ "� � ����f' r�� � . �� " � � �' � � R �� ;�* k 4� °:�� . � � � ,. i �� � . .:.. 1 � f r � ,�i i�3= r I� _ � °t'. i •• � : - • � � I� � / 4 + c� �E t, � � � � ��I—.. � !E � 4i-` :.�� s 'e�- :� �� � #t! °� �� � , r�,a p � � �. . � �� 4� � } "`�� .�'� z _' . � �a� 4.., � N' i F�1t t 'r Yt � � � �. � . '� � �, . �`� � �t�' �s 'ti �� �� n � �`,Ya � L - �� } e :� v 4:w .- m ���F _ �� �� - - �� � _ �� - ����_.� � ��.r��� � �`� �" "� �i �� � y. � � 1 � 00 d � R -� � � O � 4� J m MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 14, 2008 SUBJECT: A request for a recommendation to the Vail Town Council to review the Vail Land Use Plan map, pursuant to Section 8-3, Vail Land Use Plan to allow for a change in the land use designation from Community Office to Lionshead Redevelopment Master Plan for properties known as "Cascade Crossing" and "Vail Professional Building" (Future "Ever Vail"), located at 953 and 1031 South Frontage Road West/unplatted (A complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080036) Applicant: Town of Vail Planner: Nicole Peterson I. DESCRIPTION OF THE REQUEST The applicant, Town of Vail, is requesting a recommendation from the Planning and Environmental Commission to the Vail Town Council regarding an amendment to the Vail Land Use Plan map that would change the designation from Community Office to Lionshead Redevelopment Master Plan for the properties known as "Cascade Crossing" and "Vail Professional Building" (Future "Ever VaiP'), located at 953 and 1031 South Frontage Road West (See Attachment A: Subject Property Existing Land Use Map and Attachment B: Subject Property Proposed Land Use Map). Staff recommends the Commission forward a recommendation of approval to the Town Council on the proposed map amendment. II. BACKGROUND On December 11, 2006, the Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for a proposed amendment to the Lionshead Redevelopment Master Plan to amend the Lionshead Study Area Boundaries to include the subject properties located at 953 and 1031 South Frontage Road West (Attachment C: PEC minutes of December 11, 2006). On February 6, 2007, the Vail Town Council adopted Resolution 4, Series of 2007 (Attachment D: Resolution 4, Series of 2007), amending the Lionshead Study Area Boundaries to include the subject properties located at 953 and 1031 South Frontage Road West (Attachment E: Council minutes of February 6, 2007). III. ROLES OF THE REVIEWING BOARDS Vail Land Use Plan Amendments Planning and Environmental Commission: Action: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the consistency of the proposed amendment with applicable review criteria and the policies, goals and objectives outlined in the Vail Land Use Plan and other applicable master plan documents. Design Review Board: Action: The Design Review Board has no review authority on Land Use Plan amendments. Town Council: Action: The Town Council is responsible for final approval/denial of a Vail Land Use Plan amendment. The Town Council shall review and approve the proposal based on the consistency of the proposed amendment with applicable review criteria and the policies, goals and objectives outlined in the Vail Land Use Plan and other applicable master plan documents. IV. APPLICABLE PLANNING DOCUMENTS Vail Land Use Plan (in part) The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town Council. The main purpose of the Land Use Plan is two-fold: To articulate the land use goals of the Town. 2. To serve as a guide for decision making by the Town. The Vail Land Use Plan is intended to serve as a basis from which future land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in the review process for new development proposals. In conjunction with these goals, land use categories are defined to indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is intended to provide a general framework to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development on a site. The Vail Land Use Plan contains the following goals: 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and 2 recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.5 Commercial strip development of the Valley should be avoided. 1.6 Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 1.7 New subdivisions should not be permitted in high geologic hazard areas. 1.8 Recreational and public facility development on National Forest lands may be permitted where no high hazards exist if.� a) Community objectives are met as articulated in the Comprehensive Plan. b) The parcel is adjacent to the Town boundaries, with good access. c) The affected neighborhood can be involved in the decision- making process. 1.9 National Forest land which is exchanged, sold or otherwise falls into private ownership should remain as open space and not be zoned for private development. 1.10 Development of Town owned lands by the Town of Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is for public use. 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. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 3 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 2.3 The ski area owner, the business community and the Town /eaders should work together to improve facilities for day skiers. 2.4 The community should improve summer recreational and cultural opportunities to encourage summer tourism. 2.5 The community should improve non-skier recreational options to improve year-round tourism. 2.6 An additional golf course is needed. The Town should work with the down valley communities to develop a public golf course as well as other sports facilities to serve the regional demand for recreational facilities. 2.7 The Town of Vail should improve the existing park and open space lands while continuing to purchase open space. 2.8 Day skiers need for parking and access should be accommodated through creative solutions such as: a) Increased busing from out of town. b) Expanded points of access to the mountain by adding additional base portals. c) Continuing to provide temporary surface parking. d) Addition of structured parking. 3.0 Commercial 3.1 The hotel bed base should be preserved and used more efficiently. 3.2 The Village and Lionshead areas are the best location for hotels to serve the future needs of the destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 4 3.5 Entertainment oriented business and cultural activities should be encouraged in the core areas to create diversity. More nighttime businesses, on-going events and sanctioned "street happenings" should be encouraged. 4.0 Village Core / Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 4.4 The connection between the Village Core and Lionshead should be enhanced through: a) Installation of a new type of people mover. b) Improving the pedestrian system with a creatively designed connection, oriented toward a nature walk, alpine garden, and/or sculpture plaza. c) New development should be controlled to limit commercial uses. 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.2 Quality time-share units should be accommodated to help keep occupancy rates up. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. � Sub-section 6.4 of the Vail Land Use Plan outlines the definitions of Land Use Categories referenced on the Land Use map: CO — Community Office This area is to include primarily office uses of all types. Some limited commercial uses, such as retail businesses; including general merchandise, apparel and accessories and auto service facilities would also be permitted. LRMP - Lionshead Redevelopment Master Plan Included in this category are those properties which are identified as being included in the Lionshead Redevelopment Master Plan boundaries. Properties located within this land use category shall be encouraged to redevelop, per the Master Plan recommendations, as it has been found that it is necessary in order for Vail to remain a competitive four-season resort. Uses and activities for these areas are intended to encourage a safe, convenient and an aesthetically-pleasing guest experience. The range of uses and activities appropriate in the Lionshead Redevelopment Master Plan (LRMP) land use category may include skier and resort services, ski lifts, ski trails, base facilities, public restrooms, ticket sales, clubs, public plazas, open spaces, parking and loading/delivery facilities/structures, public utilities, residential, lodges, accommodation units, deed restricted employee housing, retail businesses, professional and business offices, personal services, and restaurant uses. Sub-section 8.3.0 of the Vail Land Use Plan outlines the amendments procedures for proposed changes to the Plan. The amendment process is one which is intended to assure the Plan's effectiveness with periodic updates to reflect current thinking and changing market conditions. The process includes amendments which may be initiated in any of the following three ways: A. By the Community Development Department B. By the Planning and Environmental Commission or Town Council C. By the Private Sector Pursuant to Sub-section 8.3.A, in part, (an application initiated by the Community Development Department), "The Community Development Department should update and revise the Plan every three to five years, whenever possible. However, if the plan is not updated within such time frame, this shall not jeopardize the validity of the plan. This should include analysis of the goals and policies; update of the forecasting model and review and revision of the Land Use Plan map. The Community Development Department would then make recommendation for proposed changes to the Planning and Environmental Commission where these changes would then be considered in a public hearing format. The Planning and Environmental Commission would then make recommendations to the Town Council, 6 which would also hold a public hearing on the proposed changes. If adopted, the changes would then become a part of the Plan." An amendment to the Vail Land Use Plan shall be approved by the Vail Town Council upon passage of a resolution. V. REVIEW CRITERIA Staff is proposing the Land Use Plan map amendments, pursuant to Section 8.3.A Community Development Department Amendments, Vail Land Use Plan, for the purpose of maintaining consistency between the Lionshead Redevelopment Master Plan (LRMP) and the Vail Land use Plan map. The two parcels that are to be amended, from Community Office to LionsHead Redevelopment Master Plan designation, are currently within the Lionshead Redevelopment Master Plan Area (Attachment F: Map A Study Area). The two subject properties are also referenced in the LRMP, through the adoption of Resolution 4, Series of 2007 (Attachment D) and are slated for re- development under the Lionshead Redevelopment Master Plan. Therefore, Staff is proposing the amendments to the Vail Land Use Plan map in order to bring the Plan up to date with the currently adopted Lionshead Redevelopment Master Plan. VI. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval of the proposed Land Use Plan map amendments to the Vail Town Council. Staff's recommendation is based upon review of criteria outlined in Section V of this memorandum. Should the Planning and Environmental choose to forward a recommendation of approval to the Vail Town Council, Staff recommends the Commission makes the following motion: "The Planning and Environmental Commission recommends approval to the Vail Town Council to review the Vail Land Use Plan map, pursuant to Section 8-3, Vail Land Use Plan to allow for a change in the land use designation from Community Office to Lionshead Redevelopment Master Plan for properties known as "Cascade Crossing" and "Vail Professional Building" (Future "Ever VaiP), located at 953 and 1031 South Frontage Road West. " VII. ATTACHMENTS A. Subject Property Existing Land Use Map B. Subject Property Proposed Land Use Map C. PEC minutes of December 11, 2006 D. Resolution 4, Series of 2007 E. Council minutes of February 6, 2007 F. 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December 11, 2006 1:OOpm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME MEMBERS PRESENT Doug Cahill Dicic Cleveland Bill Je�vitt Rollie Kjesbo Bill Pierce Site Visits: None Public Heai7ng — To�vn Council Cha�nbers MEMBERS ABSENT Chas Bei7ihardt Anne Gunion A request for a final recoininendation of a proposed a�nendinent to the Lionshead Redevelopment Master Pla�i, pursuant to Section 2.8, Adoption a�id Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the Lionshead Stud�- Area Bounda�ies, and Chapter 5, Detailed Plan Recoininendations, to uiclude the stud�- ``West Lionsheacl" area, generall�-located at 6�6, 862. 890, 923, 934, 953, 1000, and 1031 South Frontage Roacl West/Lot 54 and Tract K of Glen L�-on Subdivision, Tracts C a�id D, Vail Village Filing 2, and several unplatted pa�cels (a inore coinplete legal description is available at the Coimnunity Developinent Department), and setting forth details in regard thereto. (PEC06-0008) Applicant: Vail Resorts Development Compan�-. To��n of Vail, and Glen Lvon Office Building General Pa�-tnership Planner: Warren Cainpbell ACTION: Recommendation of Approval MOTION: Kjesbo SECOND: Cleveland VOTE: 4-1-0 Warren Cainpbell presented an overvie��- of the application and the staff memoranduin. Ja�- Peterson, representing Vail Resorts. inacle a presentation on behalf of the applicant. Mr. Peterson ga� e a brief presentation on the histoi-�- of the application �uid the revisions made to the proposed asnendment in response to the input received to date. 10 There �vas no public coimnent. Dick Cleveland inquired about the appropriateness of the information illustrated on Figure �-25 and the abilit�- of the Coininission to enforce the height differences sho���n on � proposed project. He believed th�t the height of an�T fi�ture buildings needed to be responsive to the site. Wai7en Cainpbell stated that he believed Figure �-25 «-ould be adequate for the Master Plan in allo�ving the Coininission and a� clutects flezibilit�- in interpreting the stepping of a proposed building ui height as it «ent «est. Bill Je�vitt eipressed concerns about tall buildings on the west side of Red Sandstone Creek. He believes that the proposed ainendinent fails to ineet the criteria in the Lionshead Redevelopinent Master. Mr. Je�vitt ��ould rather see an SDD for tlus a�ea of To��n rather that a master plaiuied approach to developinent. Bill Pierce eipressed concerns that the lines on the fib res crossed the South Frontage Roacl and thus affected the Glen L�-on Office Building site. The lines on the plans �iill be ainended. Doug Cahill asked to see that the tapering do��n of the buildings taper do�vn to four stories maiunum on the �vest end of the master plan area. Warren Cainpbell referenced the proposed figures and m�ps and recominended that the illustrations be ainended to reflect the conceins of the Coimnission ��ith regard to building height. 11 ATTACHMENT D: Resolution 4, Series of 2007 RESOLUTION NO. 4 Series of 2007 RESOLUTION 4, SERIES OF 2007, A RESOLUTION TO AMEND CHAPTER 4, RECOMMENDATIONS - OVERALL STUDY AREA AND CHAPTER 5, DETAILED PLAN RECOMMENDATIONS, LIONSHEAD REDEVELOPMENT AMSTER PLAN, PUSUANT TO SECTION 2.8, ADOPTION AND AMENDMENT OF THE MASTER PLAN, LIONSHEAD REDEVELOPMENT MASTER PLAN, TO INCLUDE TWO NEW PARCELS AND AMEND THE TEXT OF THE MASTER PLAN FOR THE AREA IDENTIFIED AS "WEST 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 Master Plan outlines a procedure for amending the Master Plan; and WHEREAS, the Town of Vail Planning and Environmental Commission has held a public hearing on the proposed amendment on December 11, 2006, and has forwarded a recommendation of approval, with modifications, of the amendment to the Town Council by a vote of 4-1-0 (Jewitt opposed); and WHEREAS, the purpose of this amendment is to include two new parcels and amend the text of the Master Plan for the area identified as "West Lionshead" to facilitate the redevelopment of the area and creation of a new portal to the mountain; and WHEREAS, the Town Council finds that the proposed amendment improves and enhances the effectiveness of the Master Plan without negatively affecting the goals, objectives, and policies prescribed by the Master Plan. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: The Town Council of the Town of Vail hereby amends the Lionshead Redevelopment Master Plan as follows: 12 (in part) CHAPTER 4 Recommendations — Overall Study Area This section of the master plan addresses issues that affect Lionshead as a whole. These issues — and recommendations to address them - should be considered in all planning and policy decisions as Lionshead redevelops. 4.1 Underlying Physical Framework of Lionshead The Lionshead resort area (that portion of the study area north of Gore Creek) is a mixed-use urban environment with several discernible land- use sub-areas, or "hubs" (see Map N). Although the hubs overlap somewhat, there is no consistent and comprehensive pedestrian connection between them. The primary goal of the master plan is to create a visually interesting and functionally efficient pedestrian environment that connects the hubs to create a cohesive and memorable resort environment. 4.1.5 West Lionshead — Residential/Mixed-Use Hub The western end of Lionshead, currently undeveloped, is home to parking lots, the Vail Associates service yard, the Vail sanitation plant, the old town shops, a former gas station, the Vail Professional Building, and Cascade Crossing. This area of Lionshead is generally under utilized and from an aesthetic standpoint is not in keeping with what the Town would like to see Lionshead become as it redevelops in the coming years. The Town of Vail does place a high value on maintaining the office and retail areas in West Lionshead and any redevelopment should reasonably increase the square footage of existing office and have "no net loss" of retail square footage in West Lionshead. With their recent acquisition of additional properties in this area, Vail Resorts has the opportunity to bring lift service to this part of Lionshead. Lift service brings with it great potential for the re- development of this area and in doing so expand all of Lionshead to the west with improved pedestrian connections, new retail and office activity and other improvements. While lift access will certainly energize this area during the winter months, attention should be given to creating a year-round attraction within this area of Lionshead (see detailed plan recommendations in Chapter 5) The master plan recommends that this hub become a residential/ mixed use area with an emphasis on meeting the needs of both the local community and our guests. Appropriate uses could include high density residential development, lodging, community and visitor based office and retail space, employee housing and parking, bus or transit functions and a ski lift connection to Vail 13 Mountain. The catalyst for this mixed use hub is ski lift access to Vail Mountain. Consideration should be given to integrating employee housing into the redevelopment of West Lionshead in accordance with the Town's employee housing policies and regulations. To the extent possible development patterns in this area should reflect north-south orientation of buildings, visual penetrations to the mountain, and a pedestrian oriented environment. The degree of north-south building orientation may be difficult given the relatively narrow east-west orientation of this area. In addition, the introduction of ski lift access in this location creates a catalyst for an structured public parking facility. All service and delivery demands created by development in this area shall be accommodated on-site. The site will continue to accommodate the existing and potentially expanded functions of the Vail sanitation plant. The mountain service yard could be reduced in size, as some functions can be moved to less central locations. It may also be possible to relocate the entire mountain service yard to a new location in the West Lionshead area which would allow for greater flexibility in the redevelopment of this site. However as the area develops it is critical that new uses be connected to the primary pedestrian corridors and that they be served by the Town of Vail in-town transit system. 4.5 Public Transportation An efficient transit system is critical to the character and environmental quality of any pedestrian-oriented resort. Goa/s identified by the master plan regarding transit include: 4.5.1 Connection to West Lionshead West Lionshead consists of the West Day Lot, the Vail Associates service center, the sanitation plant, the Holy Cross lot, the former gas station site, the Vail Professional 8uilding, and Cascade Crossing. Because it is an area of potentially significant growth, it is important that it be fully integrated into the Town of Vail transit system. The West Lionshead properties are at the outside edge of the acceptable walking distance to the ski yard (1200 feet). With a mixed use development in the area which integrates a ski portal, retail space, office space and residential development, transit service to this area and interconnections to other portals will be critical to develop in the future. In addition, the update of the Vail Transportation Master Plan shall provide direction on the ultimate location of a Lionshead Transit Facility along with needed interconnections between ski portals, regional transit stops, and other transportation modes. The addition of a ski lift in this area would make this area more viable to redevelopment as it would be within the acceptable walking distance of a lift (1,200 feet). 4.5.2 Maximum Efficiency and Utilization The following recommendations are made to enhance the efficiency and 14 functionality of the Lionshead transit connections in anticipation of future redevelopment in the area: 4.5.2.1 Relocate the Regional Transit Stop It is recommended that the Lionshead regional transit stop, currently located at the Lionshead Place cul-de-sac, be relocated to the proposed north day lot transportation center. This will provide a Lionshead connection between the regional transit system and the Town of Vail transit system. In addition, visitors and employees coming to Lionshead by regional bus will arrive at a defined portal instead of the current "back door" on Lionshead Place. Finally, this will remove the large regional buses from West Lionshead Circle and Lionshead Place. It may be possible to locate elements of a regional transit stop in the West Lionshead area in conjunction with a new ski lift and parking facility. However, given its location on the periphery of Lionshead, this area may not be the most viable location for a regional transit stop. Notwithstanding the above, facilities for skier drop-off, private shuttle vans and Town of Vail in-town buses should be included in the design of the ski lift and parking facility. In 2006, the Town of Vail initiated an update of the Vail Transportation Master Plan. In addition, the Town initiated a development competition for the Lionshead Parking Structure redevelopment, which would include a transit facility. It is anticipated that the Transportation Master Plan update along with the conclusion of the Lionshead Parking Structure redevelopment process will provide direction on the ultimate location for a Lionshead Transit Facility and/or the type of transit facilities that may be necessary in West Lionshead. 4.6 Vehicular and Pedestrian Circulation 4.6.1 Interstate Highway 70 1-70 is the primary vehicular circulation corridor for the Vail Valley and is critically important to the economic health of the Vail community. It does, however, create both a visual and physical division between the south and north sides of Vail, as well as consuming a significant amount of land. As Vail continues to grow over time it is strongly recommended that the ideas of potentially burying or bridging I-70 through the Town of Vail be studied and the potential benefits and impacts considered. Specifically, consideration should be given to securing the air-rights over 1-70 so that future development and circulation scenarios are not precluded. 4.6.2 South Frontage Road Recommendations outlined below address potential re-alignment ot portions of the frontage road, ingress and egress improvements, bicycle/ pedestrian improvements, and visual improvements. For 15 a detailed discussion of capacity and the impacts of future development on the frontage road, see the traffic impact study contained in appendix A. Figure 4-9 depicts potential redevelopment without the realignment of the Frontage Road while Figure 4-9a depicts redevelopment with a partial realignment of the Frontage Road. 4.6.2.1 Potential Realignment The concept of realigning the South Frontage Road at the western end of the study area grew out of public discussions about land development and traffic flow in West Lionshead. Relative to traffic flow, realignment will remove the conflict that now exists between through- traffic and mountain service vehicles (snow-cats and snowmobiles) entering and exiting the Vail Associates service yard. Realignment will position the road to the north of most new development, thus reducing the potential for conflicting turning movements. Regarding future land use, the realignment of South Frontage Road will allow the west day lot and the service yard to be combined into a contiguous development parcel. This is an important consideration for the development conceptually depicted in figure 4-9a, and it would be necessary if the service yard property is used for a secondary public parking facility or other uses. Any existing parking on the West Day Lot must be replaced within the Lionshead study area. Through the Transportation Master Plan update it is anticipated that a significant traffic control device will need to be installed in the West Lionshead area. Such a device may include a round about. Specific considerations regarding realignment are. a. Proposed Alignment The proposed realignment of the South Frontage Road is depicted in figure 4-9a. Critical design issues include the width of the road and the radius of the curves. Both of these factors will be important in reducing the speed of vehicles entering the Lionshead area and the amount of land consumed by the two curved road sections. Cooperation between property owners, developers, the Town of Vail, and the Colorado Department of Transportation will be necessary to implement the realignment of the Frontage Road. b. West Lionshead Circle Connection It is proposed that West Lionshead Circle connect back to the frontage road at the west side of the Vail Spa. The alignment depicted in figure 4-9a terminates perpendicular to the frontage road and does not 16 require the acquisition of private property. A new parcel of developable land, suitable for of�ces or non- resort retail, would be created on the southeast corner of this intersection. c. Forest Road Connection Forest Road could be realigned to cross through the newly created development parcel, providing access to that site and connecting at right angles to the frontage road. Another alternative that should be considered is to connect Forest Road to West Lionshead Circle via the existing Frontage Road right- of-way. d. Transit and Emergency Vehicle Corridor A transit and emergency vehicle corridor should remain in the existing alignment of the frontage road. This connection is necessary to provide a through- transit route to the west end of Lionshead and also keeps in place the existing utility corridor. e. Feasibility of Realignment The ability to realign the frontage road will be heavily influenced by costs, CDOT (Colorado Department of Transportation), and the Federal highway administration. Future west Lionshead developments will require significant upgrades and widening of South Frontage Road, potentially including the widening or reconstruction of the bridge over Red Sandstone Creek. The cost of realigning the frontage road is in addition to the mandatory costs of improving the road. Future Frontage Road Re-alignment The opportunity may exist to re-locate the Frontage Road the full length of the West Lionshead planning area. The benefit of this alternative would be to eliminate the "Frontage Road barrier" between the Holy Cross site and the Vail Professional Building. While this alternative would require coordination with other surrounding land owners, it could warrant further study and evaluation in the future. 4.6.7 Simba Run Underpass Currently the Town of Vail has only two north/south access points between the North Frontage Road and South Frontage Road between Main Vail and West Vail. It has been contemplated that an additional north/south connection be established west of Cascade Crossing. The need for this underpass will be accelerated as a result of the Town's redevelopment plans for Timber Ridge, West Vail and West Lionshead. The redevelopment of the West Lionshead area should be done in a 17 manner that encourages this new connection to be established in the future. It is recommended that the proposed amendments to the Vail Transportation Master Plan provide direction on when public improvements on the Frontage Road need to occur and how they are paid for between public and private funds. The current boundaries of the Lionshead Urban Renewal Authority should be amended to include the location of the Simba Run underpass. 4.8 Parking 4.8.3 Public Parking 4.8.3.3 Potential New Parking Sites To respond to the projected parking demand increase discussed in the traffic study, it is strongly recommended that all town-wide parking opportunities be examined or re-examined prior to any final planning or parking construction. Specific public parking opportunities in Lionshead include: a. Lionshead Parking Structure The existing Lionshead parking structure is a logical location for expanded public parking because it is already owned by the Town of Vail. Also, the structure is conveniently located between the proposed civic center on the east and the main portal to the Lionshead pedestrian mall on the west. No other location offers visitors such ease of access. A self-ventilating split deck structure, the garage has six half decks, each holding approximately 200 vehicles (1,200 spaces in total). The addition of one complete level would increase the structure by 400 spaces, two complete new levels by 800 spaces. Snow removal is an issue in the addition of new decks. The top deck of the structure is cleared manually with front-end loaders. Additional decks will make it impossible to continue this method, as the internal dimensions of the structure will not accommodate front- end loaders. In addition, the construction of a new delivery staging area on the west end of the structure will remove the snow storage area presently used. Alternatives include heating the upper deck, providing for an alternate snow removal access road to the upper deck, and construction of a roof over the entire structure. Public input during the master plan process has indicated the importance of the eastward view, across the top of the parking structure, toward the Vail Village as motorists 18 travel east along the South Frontage Road and 1-70. Future expansion plans of the Lionshead parking structure should consider the potential impacts expansion could have on this view plane. Also an issue is the necessary structural reinforcement of the existing facility to support the weight of additional decks. b. West Lionshead The construction of a new public parking facility at the west end of Lionshead has been a planning consideration since the completion of the Vail Transportation Master plan in 1991. This site is currently undeveloped (except for the Vail Associates maintenance yard) and is large enough to meet projected parking demand. It is well located in relation to the potential new eastbound 1-70 access ramps. The viability of a new public parking facility in this location would be enhanced by bringing lift service to this area. The construction of a new public parking facility would address the existing deficiency of off-street parking on peak days and the shifting demand of parking created by the introduction of a new ski lift in West Lionshead. It is anticipated that the new public parking structure would contain a approximately 400 public parking spaces, which would be in excess of any parking requirements generated by proposed development. The update of the Vail Transportation Plan should provide final direction on the location and quantity of additional public parking spaces in the Town of Vail. The location of additional public parking should consider where parking is most optimal for both guests and employees, year round utilization, mountain operations, and overall traffic circulation. Given the location for this parking facility, it had been assumed that regular transit or shuttle service would be necessary because of its distance from the retail core area and the ski yard (greater than a 1200-foot walking radius). However, the location of the parking structure would be proximate to the new lift and as such the need for regular shuttle service would be minimized. However, some provisions for bus stops and/or a transit facility should be considered for the parking structure. 4.9 Housing 4.9.4 Potential Housing Sites Following are specific sites that have been identified as suitable for locals 19 and employee housing (see Map W). 4.9.4.3 Vail Associates Service Yard Holy Cross Site, Vail Professional Building, Cascade Crossing, North Day Lot, and the former gas station site All redevelopment in West Lionshead will need to conform to the Town's housing policies and requirements. In order to create activity and vibrancy in West Lionshead it is appropriate to include some dispersed employee housing opportunities for permanent local residents in proposed developments in the area consistent with these policies. Perhaps the most promising locations to replace the Sunbird affordable housing project and to conform to the Town's housing policies and requirements for new employee housing generation in Lionshead are the North Day Lot, Vail Associates service yard, and Holy Cross site. However, housing is not the only use these three properties will need to support The North Day lot is considered to be the preferred location for a significant housing project in Lionshead to replace the Sunbird affordable housing project and provide housing for new employee generation. The North Day Lot may also need to accommodate a transit center on the ground level of the development site. Additionally, it may be necessary to develop a higher revenue-generating product on a portion of the Vail Associates service yard, Holy Cross, Vail Professional Building, and Cascade Crossing sites in order to defray the cost of road and infrastructure improvements. In planning the site, the following issues need to be considered: Density The site offers a unique opportunity to achieve significant density. While it is important that buildings here be visually consistent with the overall character of Lionshead, the desire to maximize the housing potential may make appropriate the following deviations from standard development parameters. First, it may be appropriate to allow for a greater overall building height than is otherwise allowed under the Lionshead Architectural Design Guidelines. Any increase in building height will need to be reviewed on a case by case basis by the Town of Vail, and any eventual building height will still need to be visually appropriate for this location. Second, it is recommended that the standards for density (units per acre) be increased at this location to allow for a greater number of employee housing units. Third, it may be appropriate to reduce the parking requirements for employee housing at this location. 4.9.4.4 Red Sandstone Parkinq Area 20 The parking lot and Town of Vail transit stop at the base of the Red Sandstone Elementary school were identified as a potential site for employee or locals housing because of its proximity to the elementary school, the I-70 pedestrian overpass and the transit stop. However, the access (vehicular and pedestrian), safety and functional programming needs of the elementary school must take priority in any potential housing development scenario. 4.9.4.5 Old Town Shops The Old Town Shops, located just west of the Vail sanitation plant, were identified as potential employee housing locations during the master planning process. There are, however, other significant demands on this site, including potential expansion of the sanitation plant and the need for a new snowcat mountain access route from the Vail Associates service yard. In addition, the presence of the sanitation plant on one side and the existing gas station on the other reduces the desirability of this location for employee or locals housing. (in part) CHAPTER 5 Detailed Plan Recommendations This section of the Lionshead Master plan examines individual parcels and groups of parcels within the Lionshead study area, excluding the residential properties on the south side of Gore Creek. The intent of this chapter — and the Master plan as a whole - is to identify important functional relationships and visual objectives within the district and to propose a framework for the long-term redevelopment of Lionshead. The document does not intend to limit or eliminate ideas relating to specific parcels; any proposals consistent with this framework should be considered even if they are not anticipated in this document. The parcels addressed here are organized generally from east to west, starting with the civic hub on the eastern end of the parking structure. 5.9 North Day Lot The north day lot should be developed as a community transportation center to consolidate skier drop-off, local and regional transit, local and regional private shuttles, and charter bus drop-off and pick-up (see figure 5-13). A below-grade service and delivery facility could be constructed underneath the transit facility. By relocating these functions from their existing locations to one easily accessible location, this would improve the quality of vehicular and pedestrian circulation in Lionshead and create a significant new pedestrian portal into the center of the Lionshead retail 21 mall. Based upon the results of the traffic study (see appendix A), the conceptual program for this facility is as follows: a. Skier drop-off.� Nine spaces are recommended at a minimum, but more should be built if possible to accommodate other program elements. b. Town of Vail transit: Two bus spaces are recommended to accommodate the West Vail transit loop and the possibility for an eastbound in-town shuttle stop. c. Regional transit: One bus space is recommended d. Charter buses: Three to four bus spaces are recommended. e. Local and regional shuttles: Four shuttle van spaces are recommended at a minimum. A critical consideration in the planning and design of this facility will be its impact on the adjacent Landmark Tower and Townhomes and the Westwind. Depicted in figure 5-13a, a linear building is recommended at the southern edge of the site to screen the lower levels of the Landmark Tower from the transit center. This facility could house a bus shelter and waiting area, an information center, public restrooms, a small food and beverage operation, and an elevator core to the pedestrian mall level for ADA access needs. To the east, earthwork, landscaping, and/ or other screening measures should be considered to buffer the Westwind. A more comprehensive solution is to cover the facility with another level or two of development — perhaps for offices or employee housing - or with a roof. (Memorable European antecedents exist for grand, covered transportation centers.) Specifically, the design of the transportation center should address all impacts: visual, security, sound, and smell that may affect adjacent properties. Both the Westwind and the Landmark should be closely involved in the transit center planning and design process. Since the adoption of the Lionshead Master Redevelopment Plan, plans were developed to locate a Transit Center at the North Day Lot. Integrating the number of uses mentioned above and addressing the neighborhood concerns regarding a transit center prompted the Town of Vail to evaluate alternative locations for a transit center. Alternative locations include: West Lionshead Lionshead Parking Structure North Day Lot In 2006, the Town of Vail initiated an update of the Vail Transportation Master Plan. In addition, the Town initiated a development competition for the Lionshead Parking Structure which would include a transit facility. It is recommended that the Transportation Master Plan update along with the conclusion of the Lionshead Parking Structure RFP process provide direction on the ultimate location for a Lionshead Transit Facility. 22 5.17 West Day Lot/ Vail Associates Service Yard/ Holy Cross Site/Gas Station Site /Vail Professional Building/ Cascade Crossing Planning for the western end of Lionshead must consider two different scenarios: the realignment of South Frontage Road and its retention in the existing alignment. While the introduction of lift service is viable in either of these Frontage Road alternatives, site design will vary depending upon what happens to the Frontage Road alignment. See Figures 4-9a, and 4-9b for the Frontage Road realignment alternatives. Notwithstanding these different Frontage Road scenarios there should be an increase of existing office square footage and "no net loss" of retail square footage as a result of the redevelopment of these parcels. Higher densities and building heights may be appropriate in this area, particularly to encourage the development of employee housing. However, any development must meet the overall character and visual intent of the master plan and be compatible with the adjacent existing development of the Marriott and the Vail Spa. As compared to a separate, free-standing portal, West Lionshead is considered a part of the greater Lionshead area. In order for this area to be successful, it is important to have a strong pedestrian connection with the rest of Lionshead. A strong connection along the Gore Creek corridor already exists. Streetscape improvements along West Lionshead Circle between Concert Hall Plaza (currently the western end of Lionshead retail influence) and the Ritz-Carlton Residences will strengthen existing conditions, and in doing so, improve the viability of mixed uses in West Lionshead. Improvements to street lighting, walking surfaces, seating areas and public art are just some examples of what could strengthen this corridor and in doing so further integrate this area with the rest of Lionshead. The development of a strong pedestrian connection between the Lionshead Core area and the western side of Lionshead will encourage pedestrian activity in this area and in doing so will energize all of West Lionshead. During the winter months the ski lift and associated parking will generate significant pedestrian traffic and activity. However, consideration should be given to how West Lionshead can be an active and vibrant place year-round. This could be accomplished in any number of ways. For example, quality architecture and the creation of appealing outdoor spaces in and of itself will encourage people to visit this area. This could be reinforced by a well-crafted program of specialty retailers, offices, and restaurants. An active program of public art, residential units that are used for "artists in residence'; a culinary school, improved access to and utilization of Gore Creek or Red Sandstone Creek for fishing or other purposes or specific recreation features such as a climbing wall are just some examples of design elements or land uses that could create a catalyst for activity. In conjunction with any application to development a new ski lift, a retail/commercial market study which analyzes the area for 23 the appropriate amount of square footage of retail/commercial that should be included in the redevelopment of West Lionshead shall be provided. It is assumed that the development standards of Lionshead Mixed Use 1 or 2 will guide the design of redevelopment in this area. Notwithstanding the height allowances of these zone districts, building height and massing shall be responsive to the Gore Creek corridor, the Interstate, and how building massing transitions at the western end of Lionshead. Buildings at the westernmost end of West Lionshead shall gradually "step down" from the maximum allowable height limits of the Lionshead Mixed Use zone districts. Figure 5-25 provides a general depiction of how building height shall gradually lower at the western end of this study area. The intent of these height standards is that building height reduces by entire floor levels in the locations as generally depicted on Figure 5-25. Notwithstanding the height allowances depicted on Figure 5-25, buildings fronting directly along Gore Creek and the western end of Lionshead shall express no more than three to four levels before "stepping back" to taller building mass. On the Interstate side of this area building design shall be articulated to avoid large expanses of shear/unbroken wall planes. Retention of Existinp Frontape Road Aliqnment If the Frontage Road remains in its current location the Maintenance Yard/Holy Cross parcels, the Vail Professional Building and /Cascade Crossing all remain viable development sites. The most viable site for a public parking facility would be the Maintenance Yard/Holy Cross parcels. While other lift locations are feasible, the old gas station site is a viable location for a base terminal. This location would require a grade separated pedestrian crossing over the Frontage Road to the Maintenance Yard/Holy Cross parcels. A strong east-west oriented pedestrian corridor with ground floor retail uses would be necessary to create a strong connection between this area and the rest of Lionshead. Under this Frontage Road scenario the Vail Professional Building and Cascade Crossing could be developed as a contiguous parcel. It is assumed that these parcels would be re-zoned to Lionshead Mixed Use 1. The Holy Cross site and the Vail Professional Building both abut Red Sandstone Creek. Any redevelopment of these parcels should consider how the Creek can be enhanced and made an asset or amenity of this redevelopment area. b. Frontape Road Realipnment behind the Maintenance Yard and Holv Cross site The greatest benefit of this realignment alternative is that it results in one very large and contiguous development parcel and in doing so integrates the Maintenance Yard/Holy Cross site with the West Day Lot by removal of the barrier created by the existing Frontage Road alignment. It also creates the best pedestrian environment in creating an extension of the Lionshead Retail area in that it provides the potential to establish a convenient and desirable pedestrian connection to the rest of Lionshead. With this 24 alternative the most viable site for a public parking facility would still be the Maintenance Yard/Holy Cross parcels. With the re- location of the Frontage Road lift access out of the old gas station site would not require a grade separated pedestrian crossing to the Maintenance Yard/Holy Cross parcels. However, a grade separated crossing over the re-located Frontage Road would be needed to link the Holy Cross site with the Vail Professional Building. This alternative would also present the opportunity for relocating and/or enhancing Red Sandstone Creek to make it more accessible to the community and an aesthetically pleasing water feature. One possibility may be to pond the creek just south of the 1-70 corridor and diverting all or a portion of the flow underneath the new Frontage Road in order to bring "live water" through the western end of the Holy Cross site. Any modification or enhancement to the creek corridor would be subject to U. S. Army Corp of Engineers approval. A strong east-west oriented pedestrian corridor with ground floor retail uses would be necessary to create a strong connection between this area and the rest of Lionshead. 5.18 Old Town Shops The old town shops site had been targeted for a variety of uses throughout the master planning process, including employee housing, expansion of the Vail sanitation plant, and Vail Associates mountain services. These uses were thought to be appropriate for the site, but it was recognized they were all not compatible. In 2003 the Eagle River Water and Sanitation District purchased the old town shops site. The site was redeveloped with a surface parking lot Additionally, in 2004 Vail Resorts constructed a bridge across the Gore Creek from this site to provide possible future mountain operations access to Vail Mountain. 5.20 Eagle River Water and Sanitation District While this parcel would certainly be a viable development site, the costs to relocate uses at this site, particularly the treatment facilities, are very significant. For this reason it is assumed that the treatment facilities will remain in their existing location. A viable alternative to relocating the entire building would be to relocate the DistricYs offices and construct "air- rights" development above and around the treatment facility. 2� � ��nre-�iir�Q:�xfT�hw�isS r= f I"A3?�Sf.F f:� h9i'eiG 113F dlal � Gin�'� 0.RFF. ' ' � t y�f � F � f_ Fr�J 4.L' f l!i6A HLTAII_ � hl'�[[ h L`IL4.iL1R41 t — SXiAALdS44f'£�kFn�fS111�Lk4G[hlFihi.NS.4tii ���' 7 �][EY�IIh�H� � sR�,� � �Oa hL r,�� ' . --� _ - Cx,,�n 0.T�#f�: . � :I r��. 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Ma,s§ � FieaGrei L.nvrfaiirSns `�`. =�'z� � -� _ � � CP � ...�,,., ' �r � �� ; ;..i t ' �.; .�.., �...u.. . �;......_._... _ -.� ' a � ~K"'�a i� ��}- ' �=�� _�.�' O ,�roYJ � � . �•�� °' i �.-� ` �� dos�' � �.� r i iF � r � `— �. ,i � . � �L I.� I .Y - ., y_,�r ��I�L-,� }j,i _ !.. � L � [in �/'+ �' . �-� ' ��r"' � ��..i eisumavusrn R t `L ��,=- " ' �� L -1 J '� � �� �.e,.., �!-- t � : ..�.�...�.s. ] �_ — �� - � ���.,..�: � uoxsuun sruxr,wir, � 2/ �o.sN ti ..i i lFt .siee, � C]N �S 1'� �:1 iW`I'A 41� �'1M1'E.I ATTACHMENT E: Council minutes of February 6, 2007 Vail Town Council Evening Meeting Minutes Tuesday, February 6, 2007 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Rod Slifer. Members present: Rod Slifer, Mayor Kent Logan Greg Moffet Kim Newbury Mark Gordon Kevin Foley Not present: Farrow Hitt, Mayor Pro-Tem Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The eleventh item on the agenda was Resolution 4, Series of 2007, a resolution to amend Chapter 4, Recommendations - Overall Study Area and Chapter 5, Detailed Plan Recommendations, LionsHead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, LionsHead Redevelopment Master Plan, to include two new parcels and amend the text of the Master Plan for the area identified as "West LionsHead." Senior Planner Warren Campbell explained that on December 11, 2006, the PEC forwarded a recommendation of approval by a vote of 4-1-0 (Jewitt opposed), to Council for amendments outlined in Resolution 4, Series of 2007. The purpose of the amendment would establish the basis by which West LionsHead could be redeveloped with a skier gondola in the location of the former gas station site and the development of mixed use areas, including housing, retail, and office spaces, to create a new portal to the mountain with all the typical skier services. Another aspect of the proposed redevelopment includes the possible relocation of the South Frontage Road. At the January 2, 2007, hearing Council directed staff to remove Tract K and the other parcels proposed for inclusion within the LionHead Redevelopment Master Plan by the town from the proposed text amendments. Staff made those changes to the proposed amendment leaving only two parcels proposed for addition into West LionsHead. Campbell gave a presentation regarding the concerns expressed by Council at the afternoon work session regarding employee housing, building height, and transit. Gordon asked for wording making additional office space a requirement. The resolution included the wording, "no net loss", however, he wished that the Master Plan encourage additional office space. Representing Vail Resorts, Keith Fernandez, said he would be amicable to considering a reasonable increase in office space. Foley clarified the proposed additional lift would not 28 increase actual skier numbers, just adjust where Vail Mountain is accessed by skiers. Foley said he did not believe the proposal could continue without a Simba Run underpass and desired stronger language regarding the need for Simba Run in conjunction with any redevelopment in West LionsHead. Representing Vail Resorts Development Company, Jack Hunn reported LionsHead was used for 45% of all skier mountain access. He said development of West LionsHead could possibly result in more skier days as there would be an increase in the overall bed base in the town. Gordon encouraged including children's services in the project as it may help to eliminate congestion at Golden Peak. Moffet expressed concern the housing requirement for the parcel was being moved elsewhere. Representing the applicant, Tom Braun said Vail Resorts remained committed to providing employee housing. Foley moved to table the resolution with Newbury seconding. The motion failed, 4-2, with Logan and Foley voting in favor. Gordon moved to approve the resolution with amendments to the text. Logan seconded. The proposed amendments to the text included changes to Sections 4.1.5, West LionsHead - Residential/Mixed Use Hub and 5.17, West Day Lot/Vail Associates Service Yard/Holy Cross Site/Gas Station SiteNail Professional Building/Cascade Crossing to have the language state there should be "no net loss" of retail but an increase in office space. Amendments to Section 4.6.7, Simba Run, strengthened the language to identify the need forthe Simba Run underpass with any redevelopment in West LionsHead. The final amendment to the text occurred in Section 4.9.4.3, Vail Associates Service Yard, Holy Cross Site, Vail Professional Building, Cascade Crossing, North Day Lot, and the former filling station site, which changes the text to encourage the dispersal of employee housing throughout the redevelopment. Representing the Vail Village Homeowners Association Jim Lamont clarified TIF from the proposal could be used for a Simba Run underpass. The motion passed 5-1, Foley opposed. 29 � r �� r�< r� � x - ,1Y1 � z� �� ATTACHMENT F: Map A Study Area (Lionshead Redevelopment Master Plan Area) l,. ��� r �� I " Ua; r 1� � 1 °''a"9-�° � �i#�'� --- - � �'!� ' � � � � � ��27 _ < <'�� '��� �?�j�"° ��` �7�� �� o f � + ' �. _ i ',;/ '� 8 . ��. /l� ,I � o IJII��I I/ T� �/ p I �/ ; � i' 1;� L7r�� o c i�;;�/,�� i''�� �,�';!� (� ;%O ��Jj� � rjl ll�lii� i �i. Y� � � �� �I �'Ij��y ��'I�a �� �,�� I ! ( , � ' G � -�� ^;; � � II � �I` � �,I�' ` -__`l � l %� � � a ' �o �' � �� �} o � � e�� � � � ���� ! �� � !1 ' r � p/ p r � �! � � � ��� j �� �� � ��� I �, r� �II �'i � � �f �� ,� � „' �,� � �,��; P � � �' o � ,f�� � �,�� ���r�, .� � ����° �t � _ � �; � II ,��, p % � � i � a � �� o i ����� = r� ,� �o �;� ° i, i �� �. S\ ' �� '; b \� � I II� P 1 �� ? �+� O I f� � p.� m I �g� Ni �� !� � i r `,�� 3.1 ° n 7*" � CP � \ e� — «�' <,� �� I'r ,.,,? \ i � ,�'�� y �\'�v'� C� � ... :�a, f._,-sa9 . �� \'�. � �, � �� L �, �� � ;° � �'�,�, �' �� -_- � � ' , '� ���--- - � � � � � ��1�1������, �����'� �n /b� , �, , � , i �,� r.� � S._�Y\'��`1�.���4���j�'� � ��i 1 � � �. d �� �. �5� 9� � bCa i� ��\\\�� � )�P. � j �V,I�� r ; � \�`;����;� ��` i'S � ' ��� �3 n � �a �� > n �-.-- �m \ \�� `` SS`'.` � ' � "� J � �� 6��'�v �� � �`�` � � �'y � � �,� � � � �!� � O ���� � �o �� � V�, � �� Q'� � I Q � �i\����:JI��Ei"'',. ;J � � C� 5;:� , , a `� \\� "�: �' m ���11, N *., ° � -- _ �°���.,s� �� ��� `�1 -C O '` �� `��\ b q '� -- �\�;� 1� � v � ° �1 € � $ \\\\ 'l ��\ ��a �� � A �' � ���i � AV� �; �:� �. .. a� �n ;� �o�+ °mo> g ���� " � ���� �'- --- �\�� � �\�`�\�,, ��\ ��\����� � p MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 14, 2008 SUBJECT: A request for a work session for prescribed regulations amendments to Section 14-10-7, Outdoor Lighting, Vail Town Code, to allow for amendments to the outdoor lighting standards, and setting forth details in regard thereto. (PEC080032) Applicant: Town of Vail Planner: Bill Gibson I. SUMMARY The purpose of this work session is to provide the Planning and Environmental Commission with an introduction to the Town of Vail's request for prescribed regulation amendments to Section 14-10-7, Outdoor Lighting, to allow for amendments to the outdoor lighting standards, and setting forth details in regard thereto. II. DISCUSSION ITEMS What is the purpose and intent of the Town of Vail's current outdoor lighting standards? Sub-section 14-10-7A, Vail Town Code, outlines the purpose and intent of the Town's current outdoor lighting standards as follows: "Purpose: This section of the design guidelines establishes standards for minimizing the unintended and undesirable side effects of outdoor lighting while encouraging the intended and desirable safety and aesthetic purposes of outdoor lighting. It is the purpose of the design review guidelines to allow illumination which provides the minimum amount of lighting which is needed for the property on which the light sources are located. In addition, the purpose of this section is to protect the legitimate privacy of neighboring residents by controlling the intensity of the light source. " What are the Town of Vail's existing outdoor lighting standards? The Town's current outdoor lighting standards as established by Section 14-10-7, Outdoor Lighting, Vail Town Code, as follows: "14-10-7: OUTDOOR LIGHTING: A. Purpose: This section of the design guidelines establishes standards for minimizing the unintended and undesirable side effects of outdoor lighting while encouraging the intended and desirable safety and aesthetic purposes of outdoor lighting. It is the purpose of the design review guidelines to allow illumination which provides the minimum amount of lighting which is needed for the property on which the light sources are located. In addition, the purpose of this section is to protect the legitimate privacy of neighboring residents by controlling the intensity of the light source. 8. Approval Required: All outdoor lighting within the town limits shall conform to the standards set forth below. For the purposes of this section, residentially zoned properties shall be defined as those in hillside residential, single-family, two-family, primary/secondary, residential cluster, low density multi-family and medium density multi-family zone districts, as well as all special development districts which have any of the above referenced zone districts as the underlying zoning. All other zone districts shall be considered, for the purposes of this section, as being commercial zoned. C. Definitions: FULL CUTOFF: A light source in which no more than two and five-tenths percent (2.5%) of its total output is emitted above ninety degrees (90°) as measured from nadir as shown in figure 2 of this section. LIGHT SOURCE: A single artificial point source of luminescence that emits measurable radiant energy in or near the visible spectrum. LUMINANCE: Light sources located on all property in the town which are not fully cut off shall exhibit a ratio of source lumens to luminous area not exceeding one hundred twenty five (125). For example: source lumens «125. luminous area LUMINOUS AREA: The maximum light emitting area of a light source, measured in square inches. The maximum light emitting area is the area of translucent material which encases a light source. In the case of a clear glass covering, the luminous area is the area of the light source. Examples of luminous area are shown in figure 1 of this section. OUTDOOR LIGHTING: Any light source, or collection of light sources, located outside a building, including, but not limited to, light sources attached to any part of a structure, located on the surface of the ground, or located on freestanding po/es. SOURCE LUMENS: Total initial lamp lumens of the light source. 2 F'iourK 1: i-$�, � � � { ���� ��a- 5ri--� ��� � 5*.kr i �°� � e�; ��, � .., f �� ,,; � 7rnunoQW eou�tr} Spe[Li�t 'Sa¢�xLxarR&lucac��rt Ra�ss=7�� lm�'vimicarea=($�lOj=Bdsqha b�nus�rs�{314j�"}=12ksq�t ivra° x- . ��,. i- a , � �.�. ;� r� �a c�at, ck�¢ Ghss � � b�w*sa¢x�=(14P8�e(#.4;=1p.d5 b�awosemea�.{bci},4r�tt� sqit F3guro 2: r �y y r � _ ' ; • � ' y � _ . ' #i � �N ry �„�! iYwM��l __� -r+++� TL . t . } � , �r • ~ - ~ '. � k i•i+s � .-��������� -.- .- D. Quantity: For lots in residential zone districts, the maximum number of light sources per lot shall be limited to one light source per one thousand (1, 000) square feet of lot area, except as provided for below. The location of said lights shall be left open to the discretion of the property owner, so long as the lights are in compliance with this code. Light sources which are no more than eighteen inches (18") above grade, as measured from the top of the fixture to the finish grade below, and are either "full cutoff" fixtures, as defined in this section, or have a maximum source lumens of four hundred (400) (equivalent to a 40 watt light bulb), may be allowed in addition to the total number of permitted outdoor light sources. The number, location, and style of such light sources are subject to design review. E. Height Limits For Light Fixtures: 1. For all light sources located in commercial zone districts, the maximum mounting height for light sources on a pole shall not exceed thirty five feet (35 ). The maximum mounting height for light sources affixed to vegetation shall not exceed eight feet (8'). 2. For all light sources located in residential zone districts, the maximum mounting height for light sources on a pole or on vegetation shall not exceed eight feet (8). 3 F. Light Sources Affixed To Structures: For all properties within the town, light sources may be affixed to any wall of a structure. Light sources shall not be affixed to the top of a roof of a structure. G. Cutoff Shields: All light sources located in commercial zone districts which exceed fifteen feet (15') in height shall exhibit a full cutoff shield. H. Flashing, Revolving Lights: Lights which flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation are prohibited. 1. Exemptions: The standards of this section shall not apply to: 1. Christmas tree lights which are of a temporary nature located in residential zone districts, as listed herein, and which are illuminated only between November 1 and April 15 of each year. 2. Christmas tree lights which are temporary in nature and are located in zone districts other than those residential districts listed herein. 3. Sign illumination, as set forth in title 11 of this code. 4. Municipal lighting installed for the benefit of public health, safety and welfare. 5. Outdoor light sources as set forth in subsection C of this section, which are within eighteen inches (18') or less of finish grade and are either full cutoff fixtures or have a maximum source lumens of four hundred (400). J. Nonconformities: As of the effective date of this subsection, all outdoor lighting that does not conform to every requirement of this section shall be legal nonconforming outdoor lighting. Legal nonconforming outdoor lighting shall not be moved in any direction, nor shall there be any change in use or light type, or any replacement or structural alteration made to the nonconforming outdoor lighting, without the outdoor lighting conforming to all applicable requirements of title 12 of this code. K. Penalty: The penalty for violating this section shall be as provided in section 1-4-1 of this code. Each day of violation shall constitute a separate offense for the purpose of calculating the penalty. " What is the purpose and intent of the proposed regulation amendments? The purpose of the proposed amendments is to clarify the Town's outdoor lighting standards to simplify the implementation and enforcement of the Town Code. The proposed amendments are also intended to update the outdoor lighting standards to better achieve "green" (i.e. environmentally sensitive and energy efficient lighting fixtures and techniques) and "dark sky" (i.e. minimizing light pollution) policies. What regulation amendments are being proposed? • Replace light fixture luminance standards with more common light impact calculation methods that are easier to implement and enforce. • Clarify and update the outdoor lighting standards for multiple-family, commercial, or mixed-use developments. • Adopt "green" lighting guidelines or standards to encourage the use of energy efficient lighting techniques. • Adopt "dark sky" guidelines or standards to minimize light pollution. 4 • Clarify which specific types of lighting fixtures are allowed and prohibited for easier implementation and enforcement. What references materials are available? There are numerous resources available on the topic of outdoor lighting regulations, and many can be found and accessed on the internet. Attached are several reference materials recommended by the American Planning Association's Planning Advisory Service and the International Dark Sky Association (Attachments A through E). These materials include background information concerning outdoor lighting issues and examples of outdoor lighting policies and regulations. Also attached to this memorandum, are copies of recently updated lighting regulations from neighboring municipalities including Avon, Eagle, and Aspen (Attachments E through G) III. NEXT STEPS Staff will return to the Planning and Environmental Commission on August 11, 2008, for further discussion, consideration, and a recommendation to the Vail Town Council. IV. STAFF RECOMMENDATION The Community Development Department requests the Planning and Environmental Commission provides Staff with any initial feedback and direction concerning possible amendments to update the Town's outdoor lighting standards. The Community Development Department recommends the Planning and Environmental Commission tables this item to its August 11, 2008, public hearing for further discussion. Should the Planning and Environmental Commission choose table this request, Staff recommends the Commission pass the following motion: "The Planning and Environmental Commission tables the request for a prescribed regulations amendments to Section 14-10-7, Outdoor Lighting, Vail Town Code, to allow for amendments to the outdoor lighting standards, and setting forth details in regard thereto, to it's August 11, 2008, public hearing." III. ATTACHMENTS Attachment A: A Sense of Urqency, prepared by the International Dark Sky Association Attachment B: Simple Guidelines for Liqhtinq Requlations for Small Communities, Urban Neiqhborhoods, and Subdivisions, prepared by the International Dark Sky Association Attachment C: The Model Wisconsin Exterior Liqhtinq Code, prepared by the University of Wisconsin Extension Attachment D: Framework for Outdoor Liqhtinq Improvement Ordinances, prepared by the Indiana Council on Outdoor Lighting Education Attachment E: Town of Avon Outdoor Lighting Standards Attachment F: Town of Eagle Outdoor Lighting Standards Attachment G: Town of Aspen Outdoor Lighting Standards l,�er�wtq! park Sky+ Assdci+�arr �� ; �--.. A Sense of Urgency Attachm�nt A INTERNATIONAL DARK-SKY A830CIATION sirvcE 1 988 ... TO PRESERVE AND PROTECT THE NIGHTTIME ENVIRONMENT AND OUR HERITAGE OF DARK SKIES THROUGH QUALITY OUTDOOR LIGHTING." By Robert L Gent, IDA Board President It seems like nearly every day some news reporter is calling IDA for help with a story about light pollution. Usually, their first question is "Why control light pollution, or why care about this?" Here's what I tell them. There are many reasons for controlling light pollution. No single argument is all-encompassing, but when presented together in a logical manner, they make an important point. That is, it is critically important that we control light pollution immediately. Here are some issues in brief: 1. Bad lighting is a threat to human health. That's why we have had medical doctors at IDA annual meetings for several years. We know that melatonin production can be suppressed with even brief periods of moderate lighting during the night. This has far reaching implications. Bright days and dark nights are important for good health. 2. Light pollution is a serious threat to many species of wildlife. In Florida, dozens of laws have been enacted just to protect sea turtles, all of which species are threatened or endangered. But as I like to ask sea turtle enthusiasts, "Shouldn't we also be protecting humans and other living creatures, too?" Utility companies in South Carolina and Florida have done much to publish videos, brochures, and warnings to all customers about the threat to sea turtles. 3. Glare is a serious safety problem. Most people recognize this key issue, and it is becoming a bigger factor with the "aging eye." In fact, glare control was one of the driving reasons why the City of Los Angeles converted to fully shielded street lighting years ago. It's no wonder that glare laws were enacted long ago, even before the IDA was formed. 4. Light trespass is a violation of property rights. One could develop an entire thesis on this point alone. Why should anyone permit this form of trespass that can potentially invade one's bedroom, thereby disturbing one's sleep cycle, and so much more? 5. Energy waste is a big problem for all of us. We are importing more oversees oil than ever before, and we have become heavily dependent on it. This is true in the USA and even more so in Europe. If you haven't done so, you should review the IDA newsletter stories about the Premcor Refinery in Texas. They faced energy problems during summer brownouts, and they needed to use every way possible to conserve energy. Shielding lights and using lower power helped them in many ways. 6. Many laypeople are not aware of it, but the "night sky issue" is, in fact, important to many of us. Protecting our heritage of dark skies is important to amateur astronomers, to professional astronomers, and to the general public. How many times have you stood under dark skies filled with thousands of stars? Have you ever pondered the nature of the unbounded and beautiful universe? It ignites one's imagination. This heritage must be protected. INTERNATIONAL DARK-SKY ASSOCIATION PAGE20F2 There are many other arguments that can be made, and the more you study the issues, the better you can justify the urgent need to control light pollution. Are there are any good reasons to promote bad lighting? I can't imagine one that is justified and that would convince the general public that LP is good. What about the cost of solving the problem? Fortunately, this isn't like other more complex environmental problems. We aren't talking about nuclear waste disposal. This isn't like eliminating green house gases or building new neighborhood landfills. It is much easier. How can this be done? It's simple. We control glare and see better. We stop light trespass and conserve energy. All of this improves visibility, and protects our heritage of dark skies. The time is now to take action. Don't tolerate bad lighting for one moment longer. 3225 NORTH FIRST AVENUE • TUCSON, AZ • 857 1 9-2 1 03 • USA 520-293-31 98 • 520-293-31 92 FP,x • WWW.DARKSKY.ORG • IDA@DARKSKY.ORG Simple Guidelines Search JOIN NOW RENEW ONLINE CONTRIBUTE APPROVED FIXTURES GET HELP SHOP IDA coN�rACr us � � }']CT�;RE SF",.�I. f,7i�� �aF'i'3i(lv�at. Attachment B Simple Guidelines for Lighting Regulations for Small Communities, Urban Neighborhoods, and Sub._divisio.ns The purpose of the regulation is to: • Permit reasonable uses of outdoor lighting for nighttime safety, utility, security, and enjoyment while preserving the ambiance of the night; • Curtail and reverse any degradation of the nighttime visual environment and the night sky; • Minimize glare and obtrusive light by limiting outdoor lighting that is misdirected, excessive, or unnecessary; • Conserve energy and resources to the greatest extent possible; • Help protect the natural environment from the damaging effects of night lighting. All outdoor lighting fixtures (luminaires) shall be installed in conformance with this Regulation and with the provisions of the Building Code, the Electrical Code, and the Sign Code, as applicable and under permit and inspection, if such is required. Comment: Practical Considerations: Z 3 4 The idea that more light always results in better safety and security is a myth. One needs only the right amount of light, in the right place, at the right time. More light often means wasted light and energy. Use the lowest wattage of lamp that is feasible. The maximum wattage for most commercial applications should be 250 watts of high intensity discharge lighting should be considered the maximum, but less is usually sufficient. Whenever possible, turn off the lights or use motion sensor controlled lighting. Incorporate curfews (i.e. turn lights off automatically after a certain hour when businesses close or traffic is minimal). This is an easy and fast way to initiate dark sky practices. Maximum Lamp Wattage and Required Luminaire or Lamp Shielding: All lighting installations shall be designed and installed to be fully shielded (full cutof�, except as in exceptions below, and shall have a maximum lamp wattage of 250 watts for commercial lighting, 100 watts incandescent, and 26 watts compact Fluorescent for residential lighting. In residential areas, light should be shielded such that the lamp itself or the lamp image is not directly visible outside the property perimeter. Lighting that is exempt from these regulations: 1. Lighting in swimming pools and other water features governed by Article 680 of the National Electrical Code. Z. Exit signs and other illumination required by building codes. 3. Lighting for stairs and ramps, as required by the building code. 4. Signs are regulated by the sign code, but all signs are recommended to be fully shielded. 5. Holiday and temporary lighting (less than thirty days use in any one year). 6. Football, baseball, and softball field lighting, but only with permit from the authority recognizing that steps have been taken to minimize glare and light trespass, and utilize sensible curfews. 7. Low voltage landscape lighting, but such lighting should be shielded in such a way as to eliminate glare and light trespass. Additional requirements: • Lighting attached to single-family home structures should not exceed the height of the eave. • Residential pole height restrictions can be considered to control light trespass on adjacent http://www.darksky.org/mc/page.do?sitePageId=58881 Simple Guidelines Page 3 of 3 properties. Notes: 1. The general belief that more light means better safety and security is just a myth. All that is needed is the right amount, in the right place, at the right time. More light just means wasted light and energy. 2. Use the lowest wattage of lamp as possible. For cost saving purposes, consider compact fluorescent lamps rather than incandescent, as they use much less energy and have a much longer lifetime. 3. Whenever possible, turn off the lights. Definitions: Glare Intense and blinding light. Causes visual discomfort or disability. Landscape lighting Luminaries mounted in or at grade (but not more than 3 feet above grade) and used solely for landscape rather than any area lighting. Obtrusive light Spill light that causes glare, annoyance, discomfort, or loss of visual ability. Light Pollution. Luminaire (light fixture) A complete lighting unit consisting of one or more electric lamps, the lamp holder, any reflector or lens, ballast (if any), and any other components and accessories. Fully shielded (full cutoff) luminaire A luminaire emitting no light above the horizontal plane. Spill light Light from a lighting installation that falls outside of the boundaries of the property on which it is located. Usually results in obtrusive light. Other Resources for Establishing.0utdoor Liahtin Guidelines 1. Model Lighting Ordinance (MLO) 2. Outdoor Lighting Zones 3. IDA Lighting Code Handbook 4. Directory of Ordinances and Other_Regulat�ons Copyright �02008 http://www.darksky.org/mc/page.do?sitePageId=58881 , � � � Attachment C The Model Wisconsin Exterior Lighting Code 10/01 University of Wisconsin - Extension Solid and Hazardous Waste Education Center � �r I�������� � The Model �sconsin Exterior Lighting Code is dedicated to Ruth Tanner of Lodi, Wisconsin; whose forebears enjoyed the Milky Way from her back porch; in hopes that her descendants will one day as well. � �J Acknowledgments The Model �sconsin Exterior Lighting Code was compiled and edited by David S. Liebl. Much of the material in it has been adapted with permission from: Outdoor Lighting Code Handbook Version 1.0, April 2000 International Dark Sky Association The OutdoorLighting Code Handbookwas written by the International Dark-Sky Association Model Outdoor Lighting Code Committee: C. Luginbuhl (chair) D. Crawford D. Davis P. Lanna L. Leetzow C. Monrad D. Oesper A. Upgren C. Walker J. Walker with additional input and consultation from N. Clanton, T. McGowan, M. Mutmansky, and C. Barron. The International Dark-Sky Association's (IDA) goals are to be effective in stopping the adverse environmental impact on dark skies by building awareness of the problem of light pollution and of the solutions, and to educate everyone about the value and effectiveness of quality nighttime lighting. The International DarkSky Association believes in a united approach that is very supportive of the many local and individual efforts. Specific areas where International DarkSky Association is invoNed include: education on all aspects of the issues; a regular newsletter; information sheets, brochures, leaflets, economic information, examples of good lighting design, and other such resources and references; Speaker's Bureau; documentation of good and bad lighting via photos and video; Good Lighting Awards; media contacts; press releases; marketing the issues; developing viable and effective Sections and Affiliates as resources in many communities, regions, and countries. The Author: _� �,, � International Dark Sky Association 3225 N. First Ave. Tucson, AZ 85719 USA www.da rks ky.org David S. Liebl is a Faculty Associate in the College of Engineering, UW-Madison; and a Waste Reduction and Management Specialist in the Solid and Hazardous Waste Education Center UW-Extension. David works closely with communities, industry and government to provide training, educational programming, policy review and technical assistance for pollution prevention and waste reduction. � Table of Contents Preface What is an Exterior Lighting Code? Creating an Effective Exterior Lighting Code 1 2 2 Part I: Exterior Lighting Basics Lighting and the Eye 5 Lamps Used Exterior Lighting 6 Should a Lighting Code Specify Lighting Levels? 11 Lumens Per Acre Caps �2 Classes of Lighting 13 Practical Issues and Problem Areas for Lighting Codes 14 Part 2: The Model Wisconsin Exterior Lighting Code Introduction to The Model Wisconsin Exterior Lighting Code 21 Using the Model Wisconsin Exterior Lighting Code 21 The Model Wisconsin Exterior Lighting Code Section 1. Purpose and Intent 22 � Section 2. Conformance with Applicable Codes 22 Section 3. Applicability 23 Section 4. Shielding and Total Exterior Light Output Standards 24 Section 5. Outdoor Advertising Signs 27 Section 6: Special Uses 29 Section 7. Submission of Plans and Evidence of Compliance with Code, Subdivision Plats 32 Section 8. Approved Materials and Methods of Construction or Installation/Operation 33 Section 9. Prohibitions Section 10. Temporary Exemption Section 11. Other Exemptions 34 34 35 Section 12. Appeals Section 13. Law Governing Conflicts Section 14. Violation and Penalty Section 15. Severability Section 16. Definitions Code References Glossary Lighting Terms Sources of Additional Information References Sources of Exterior Lighting Equipment 36 36 36 36 37 42 54 55 56 57 Appendix B: Sample Shoreland Lighting Ordinance 58 Appendix A: Sample Nuisance Code & Outreach Brochure 59 � Preface Twenty five years ago, we associated pollution with smoking steel mills, burning rivers, and dying fish and birds. Today, the causes of environmental degradation are more closely linked to our own behavior. Poorly designed lighting fixtures commonly waste 30% - 40% of the electricity they use by over-lighting the intended area, and unneoessarily illuminating the surrounding area. By some estimates, a billions doilars/year are wasted by pooriy designed and installed lighting. In addition to this basic cost, the impact of energy waste caused by bad lighting on pollution from Wisconsin's #1 emitter of toxic chemicals, electric utilities, is substantial Developing an awareness of, and appreciation for, the local environment encourages individuals to make lifestyle choices that, in aggregate, can have a profound impact on environmental quality. Bad lighting is not only a barrier between the human community and the environment, furthering our estrangement from our natural heritage, bad lighting is waste. One need only see a picture of America taken from space at night and wonder, what it is it that we are illuminating up there? The Midwest at Night from Space Chicago, Milwaukee and Lake Michigan are right-center, Minneapolis top-center But it is the loss of the naturally dark, star-filled sky that is the greatest loss, akin to the loss of our forested landscapes, fresh air and clean water. The night sky has been a canvas for our hopes and inspirations since we have been aware enough to raise our eyes from the ground. Our children are being robbed of this inspiration with 70% living were the Milky Way cannot be seen at night. This need not happen. Careful and considered use of lighting at night (i.e. using light only where and when it is really needed), would pull back the veil from over the stars in all but the largest cities. The universe above could return to our towns and homes, to inspire the coming generations as it inspired those have seen Orion the Hunter with a Golden Fleece of stars tightly in his grip. What is an Exterior Lighting Code? An exterior lighting code is a legal document that establishes permitted and prohibited lighting practices, with an emphasis on limiting obtrusive aspects of lighting, rather than recommending good lighting practices. Lighting codes are often included as a chapter of local zoning or land-use plans. The standards of a lighting code are applied to new construction of all kinds in much the same way as a building code, electrical code or plumbing code, therefore consideration should be given to enacting the lighting code using a similar legal structure to these. Lighting codes also may require some previously installed lighting to be brought into compliance. Lighting codes may be enacted at different levels: state, county , city or township, even development project or neighborhood. State-level codes usually address only very general issues and may not have enforcement mechanisms. "fhough they may nonetheless serve a valuable role, enabling the adoption of more comprehensive codes by local units of government, and establishing a basic code for areas of the state that do not yet have or may never have more comprehensive codes. State-level codes also address lighting built with state funding, such as state highways or state-owned facilities that are otherwise legally exempt from local codes. Municipal lighting codes dovetail into existing building and zoning code. Enforcement authority already exists at the municipal level, and system of fees to support administrative activities is easy to implement. Furthermore, politics at the local level often are more inclusive, limiting the influence of special interests on the ordinance development. Finally, a well conducted local effort provides many opportunities to educate citizen about lighting issues. At the development or subdivision level, lighting codes or restrictions can be included in design standards or Conditions, Covenants or Restrictions to be applied only to the homes or developments within the subdivision. Such codes are often the most effective vehicle to address specific residential lighting issues, such as shielding of low-voltage lighting, that are often exempted in higher-level lighting codesfor practical reasons. Creating an Effective Exterior Lighting Code The goal of an exterior lighting code is the elimination of glare, light trespass, unnecessary uplight, and the minimization of other adverse effects from lighting, such as light trespass, glare and energy waste. A good lighting code is a vital step toward these goals, but actually achieving them requires not only a code, but also effective implementation and enforcement of the. The adoption of a good lighting code for your community is the result of a series of steps: 1. Organize to Establish a Lighting Code To begin the process of getting a lighting code for your community, you must first seek to establish a consensus that there is a problem and that something needs to be done about it. Educate yourself about the issues, using this resource and materials on the International DarkSky Association website (http://www,darksky.org) . Especially valuable are IDA sheets #6: Advice on Working with Community Leaders, Offidals and Others, #96: How to Get an Outdoor Lighting Ordinance. Meet with like minded neighbors, perhaps members of a local astronomy club, staff and users of local natural parks or areas, members of local environmental groups, civic groups, lighting engineers and designers. Meet also, early on, with the planning staff and the city council or other governing board of the community, tell them what you see as the problems, and seek their input on what they see as the problems. Give talks to local groups about the issues. 2 When enough people are concerned about the state of exterior lighting, then a group can be formed to investigate solutions. Members should include yourselves, members of the planning staff, perhaps council members, lighting designers, sign manufacturers, electrical or lighting contractors. Membership should be broad, but the committee must also keep clear what the problems are and not steer away from finding effective answers to the problems. 2. Define the Problem As a beginning point, your committee and community must define the problems it wants addressed, and rank them where appropriate in order of priority. Is energy conservation and toxic pollution a principle concem? Sky brightness? Is there a concern in the community about over-lighting, or perhaps under-lighting, or both? Is there a significant senior population who is likely to be more sensitive to glare than younger atizens? How sensitive is the community to the aesthetic appearance of the community at night? Does the community place a higher priority on the preservation of starry skies, or on illuminated man-made structures? In most communities, even before you can hope to draft a lighting code, an awareness of the issues and of the characteristics of quality lighting must be built. This process starts first with any group that is especially motivated or sensitive to the issues, including persons sensitive to the aesthetic character of dark skies and/or the many values of quality lighting. 7hrough efforts at education, this initial group can broaden community awareness generally, and especially of the legislative bodies (town boards, city councils or county supervisors), and develop through this process a broad consensus both that there is a problem and that there are effective solutions. 3. Draft and Enact a Lighting Code Work closely with lighting design professionals and zoning and planning staff to develop language for your exterior lighting code. Use The Model �sconsin Exterior Lighting Code as a point of discussion to help reach agreement about what is needed for your community. Only then should the process begin of drafting a code, and moving it through the process of community review, enactment and implementation. Expect this step to take a considerable amount of time as many constituenaes are effected by lighting decision. 3. Enforcement and Monitoring If careful consideration is not given in these first steps to the practical issues of enforcement, adoption of a good lighting code will not achieve the goal of quality lighting and dark skies. To have a code that will be effective requires not only careful consideration of the implications of the way the code standards are written and evaluated, it also requires that the awareness and interest of the community in the issues is maintained. Breakdown on these factors has been the downfall of many otherwise technically correct lighting codes. 4. Stay Involved! Practicality of implementation, application and enforcement are emphasized again and again in The Model Wisconsin ExteriorLighting Code. Definitions must be understandable; rules must not only be technically correct and effective, they must also be understandable and easily interpretable and enforceable; forms for implementation and administration must be clear and understandable to lighting users, lighting designers, and planning staff. Achieving these complex and interrelated goals is challenging, and requires a ongoing commitment from the proponents of better lighting . � 5. Ongoing Education About Exterior Lighting Much can be accomplished through a process of general education in a community; many di�cult enforcement problems cannot be effectively addressed in any other way. While such an education process is vital to the drafting and adoption of an exterior lighting code, after the code is in place, its continued success depends on maintaining the involvement of the community. Understanding of lighting issues built during the process of drafting and adopting a lighting code must be continualiy refreshed, as new issues arise and technology changes. An effective way to address these concerns is through the formation of a lighting advisory group. The lighting advisory group or committee meets regularly to discuss the lighting issues facing the community, to explore ways to improve community lighting, the effectiveness of the lighting codes and of the efforts of the planning staff to implement them. Such groups can help maintain the visibility of lighting issues in the community and serve as a resource to the community when questions arise about lighting. They can recognize good lighting installations in the community through good lighting awards; provide handout sheets to building departments for distribution to developers and new home builders; write letters to the newspaper editor and guest editorials describing the issues; give talks on the issues to the public and to retailers and electrical contractors; provide training for community development staff and inspectors; bring violations to the attention of enforcement staff. No one wants bad lighting; the advisory group can help educate your community about what constitutes good lighting. � Part I: Exterior Lighting Basics Why Lighting Is Used - Exterior lighting is used for a variery of purposes in our modern sociery. For work or recreation it enables people to see essential detail so they can undertake activities at night. Lighting can facilitate and enhance the safery and securiry of persons or property, for example through lighting on roads and pathways. It is also used to emphasize features of architectural or historical significance, and to light parks and gardens. Exterior lighting is often used for advertising or display to promote products or services, or to call attention to commercial premises by means of area lighting or signs. Why Exterior Lighting Should Be Controlled - Though there are many needs for lighting in the built environment, the obtrusive aspects of lighting often extend well beyond the boundaries of the area in which the lighting is intended for use. These obtrusive aspects, such as glare, light trespass, energy waste and sky glow, can have serious consequences for the public health, safery and welfare. Careless lighting practices can have serious impacts on public safety. Glare and excessive contrast caused by pooriy shielded luminaires and over-lighting compromise everyone's abiliry to see. Aging eyes are particularly susceptible to these disabling effects. While it is commonly known that many elder citizens are reluctant to drive at night, but it is not so widely known that a large portion of the problem originates solely with glare caused by poor exterior lighting practices. Further, some perfectly legitimate purposes for lighting have potential incompatibilities. As an example, the advertising effect of illumination that appears brighter or "cheerier" than the competition is a well entrenched aspect of business lore. The resultant competition for commercial visibiliry is leading to extreme examples of over-lighting and glare. Though lighting may sometimes be effective in attracting customers, over-lighting interFeres with visibiliry on adjacent walkways and roadways. Exterior lighting can be effectively regulated with carefully considered attention to design, installation and use. But balancing these competing interests requires a carefully considered lighting code. Lighting and the Eye - When evaluating the characteristics of lighting and lighting systems, it is easy to become lost in technical measures of lumens, lux, uniformities, mounting heights, candelas and watts. But to be useful, all lighting must be gauged ultimately in terms of visibiliiy, i.e. effectiveness in interaction with the human system of visual perception. An understanding of the characteristic of this complex system has been slow to develop, and is still deficient in many ways. The ability of the eye to see at night is based on physiological adaptation to ambient light levels. Glare and brightness from bad lighting compromise our adaptation, leading to unsafe conditions, that ironically are often compensated for by additional lighting. And, while nighttime safety and security are based on our ability to see potential threats, there are numerous examples of poorly designed or installed security lighting that reduce visual acuitywhile creating impenetrable shadow, in effect creating a less safe nighttime environment. We use artificial lighting to be able to see our way in darkness, and while this seems like an obvious statement, it is not really as simple as that. Our eyes can adjust themselves to a wide range of light levels (we all know the difference between walking outside under the full moon, and under a moonless sky).The eye has a dynamic range of nine orders of magnitude, that is, it operates over a range of light intensities of 1,000,000,000:1, and it has the abiliry to resolve a 1% difference in luminance over this range. We accommodate this wide range in brightness through pupillary, photochemical, and neurological adaptations in the eye. The rear of the eye is lined with the retina, a specialized tissue containing photosensitive cells that convert light into nerve impulses. Under bright conditions, cone cell receptors concentrated near the center of the retina send the image to the brain. In dim light, rod cell receptors surrounding the cones come into play, allowing us to see movement in the dark. At night, the fully adapted eye is sensitive enough to see a single candle 10 miles away. However, shifting from the bright to dark operating range of the eye is not instantaneous. Rod cells can require 60 minutes or longer to fully adapt to darkness. This is why we squint when walking from darkness into bright light, or pause to let our eyes adjust when stepping out into the night. There has been considerable interest in recent years among lighting professionals in the sensitiviry of the human eye under low light conditions. Everyone knows that you can see better at low lighting levels after your eyes become accustomed to the dark; who hasn't stumbled to a seat in a movie theater after arriving a bit late, only to navigate the same aisles with ease to get popcom later on after your eyes adjust? Less widely known is the fact that the eye's spectral sensitiviry also shifts as dark adaptation progresses. Under daylight conditions the eye is sensitive to the spectral range from deep red (at about 700 nanometers (nm) or longer) to violet (at about 350 or 400 nm). The greatest sensitiviry is in the middle of this range, at about 555 nm or yellow-green. But when the eye becomes fully dark-adapted the peak sensitiviry shifts blueward to about 507 nanometers, in the blue-green portion of the spectrum. This shift in spectral sensitiviry means that the relative efficiencies of different lighting sources (with different colors or spectral distributions) will also shift. To illustrate, consider low-pressure sodium lighting, with a nearly monochromatic spectral output near 589 nm. This wavelength falls very near the peak sensitiviry of the eye's light-adapted response, and accounts for the high efficiency attributed to LPS. But under completely dark-adapted conditions, the peak sensitivity of the eye shifts toward the blue and lies further from the peak LPS emission, decreasing the efficiency of LPS. Lamps Used For Exterior Lighting - There are many rypes of lamps used in exterior lighting, a much greater variery than are familiar to most lighting users. Each lamp rype has applications where it is most appropriate. Lighting designers evafuate a variety of factors when choosing lamps including: available luminous outputs, output maintenance (how the lamp's output decreases with time), efficiency, capital costs, life cycle costs, color, size, lifetime, environmental factors such as hazardous materials and effects on wildlife, and availabiliry of fixtures. When decisions are made about what kinds of lamps to use in a project, or to require in a lighting code, a fair consideration of all factors must be made. Following are descriptions of the principle lighting rypes used for exterior area lighting and decoration. The less common or newer lighting technologies such as light-emitting diodes (LEDs), induction lamps, and others, are not discussed here, though they may occasionally be seen in large projects such as bridge or traffic lighting. (For further information See: IESNA Lighting Handbook, and International DarkSky Association Information Sheets #52: Efficient Outdoor Lighting.) Incandescent Incandescent lamps are the lamps most familiar to homeowners; they are commonly used for the majority of residential lighting, both indoor and exterior. Light is produced by the passage of an electrical current through a tungsten wire in an evacuated or halogen-filled glass or silica bulb. Incandescent lamps are widely available in a variety of lamp styles of low to moderate luminous output (mostly below 2,000 lumens). Advantages include low capital cost for lamps and luminaires, wide availabil�y, wide variety of both lamp and fixture types, lack of a warm-up period, and lack of hazardous wastes. Disadvantages include short lifetimes (most less than a few thousand hours), lowest efficiency (about 8-20 lumens/watt) with resultant high per-lumen energy use and life cycle cost, attraction of insects, and high heat production. Fluorescent Fluorescent lamps are also seen in residential lighting, but they are most common for indoor retail and office uses. They are occasionally seen in exterior area lighting (usually in smaller or older installations). Light is produced by an electrical arc in a low-pressure (2/1000th atmosphere) mixture of gases that include mercury vapor. This creates ultra-violet radiation which activates fluorescent powders coated on the inside of the tube. A current-limiting device (ballast) is required to operate these lamps, but they can be easily and immediately switched on and off like incandescent lamps and reach nearly full output almost immediately. Fluorescent lamps are also available in the so-called "compacY' styles that are often installed in typical incandescent fixtures. These "PL" fluorescent bulbs make highly efficient and cost-effective replacements for low-output residential lighting fixtures that are not too frequently cycled off and on. Outputs up to about 8,000 lumens are available. Advantages include bw initial costs for lamps and fixtures compared with other lamp types, low life cycle costs and high efficiency compared to incandescent (40-70 lumens/watt mean output), no warm-up period, good color rendition, and long lifetime (10,000 - 20,000 hrs). Disadvantages include high initial costs compared to incandescent lamps, large lamp size, low efficiency compared to other lamp types, and hazardous mercury waste during disposal. Mercury Vapor Mercury vapor lamps were the first widely used high-intensitydischarge (HID) lamps. Light is produced by the passage of an electric arc through a small tube filled with mercury vapor at high pressure (2-4 atmospheres). A ballast is required to operate the lamp, and full output is not reached for several minutes after power is applied. Though highly efficient and long-lived compared to the incandescent they have many disadvantages including: low luminous efficiency, poor color rendition, and high ultra-violet output. �, fr� � a�""� One unusual characteristic of these lamps is that they seldom "burn out," instead fading to lower and lower outputs over years or even decades, though still consuming essentially the original amount of electrical power. Many old fixtures are still in use however, and they remain available on the homeowner market as poorly shielded "dusk to dawn" fixtures. Mercury vapor lamps have now been almost completely replaced in new commercial applications by the more efficient metal halide and high-pressure sodium lamps. Neon "Neon" or "luminous tube" lighting is a term applied to a variety of small-diameter glass-tube sources, generally used for decorative purposes and signage. Light is produced by passing electrical current through mixture of inercury vapor and gas fill (e.g. neon) producing light with a color or spectrum characteristic of the gas fill. Luminous outputs are not typically defined per lamp, but rather per foof or permefer, and depend principally on the type gas fill, diameter and current rating. Luminous tube lighting is used for applications thattake advantage of the color variety and flexibility of shape inherent in the technology. It is not meaningiul to compare the advantages and disadvantages of neon to the other lighting sources described, but "neon" lighting can account for large total outputs when used for architectural outlining, so should not be overlooked in lighting codes. Metal Halide Metal halide lamps are HID lamps, similar to mercury vapor lamps but with the addition of small amounts of various metallic halides (i.e. scandium, sodium, dysprosium, holmium and thulium iodide). Light is produced, as in the mercury vapor lamp, by the passage of an electrical arc through a small tube filled with mercury vapor and metal halides at 2-4 times atmospheric pressure. A ballast is required, and full output is not reached for 2-10 minutes after power is applied. Metal halide lamps are commonly used in commercial exterior lighting where white light with good color rendition is desired, f�r example: car dealerships, sports lighting, and service station canopies. Advantages include a wide variety of moderate to high luminous output lamps (3500 - 170,000 lumens mean output), high e�ciency compared to incandescent and mercury vapor (45 - 90 lumens/watt mean), and good color rendition. Disadvantages include: low efficiency and output maintenance compared to high- and low-pressure sodium, short lamp lifetime compared to high-pressure sodium, color changes, ultra-violet output if not adequately filtered, and potentially hazardous mercury waste on disposal. High-Pressure Sodium High-pressure sodium lamps are the most widely used HID lamps for roadway and parking lot lighting. Light is produced by passing an electric arc through a small tube filled with sodium vapor at about 1/4 atmospheric pressure. A ballast and warm-up period of about 10 minutes are required. Advantages include: long lifetime, a wide variety of moderate to high luminous output lamps (2000 - 120,000 lumens mean output), high e�ciency and good maintenance of luminous output compared to all lamp types except LPS, moderate color rendition compared to LPS, and wide availability and moderate cost of lamps and luminaires. Disadvantages include: poor color rendition compared to metal halide, fluorescent and incandescent, poor output maintenance and efficiency compared to low-pressure sodium, and potentially hazardous mercury waste. Low-Pressure Sodium Low-pressure sodium lamps are widely used in parts of Europe and elsewhere, and in some American cities, particularly those near active astronomical research facilities and those concerned about energy issues and municipal electric bills. Light is produced by the passage of an electrical arc through a tube filled with sodium vapor at about 6 millionths of atmospheric pressure. A ballast is required and 7-15 minutes are needed to reach full output. The light produced by LPS lamps is nearly monochromatic (i.e. producing light at nearly a single wavelength near 589 nanometers), and though the eye is very sensitive to this wavelength, resulting in the high effciency oF LPS, the eye cannot distinguish colors when LPS light is the only source available. Low-pressure sodium lighting is favored where energy consumption and costs are a concem and where color discrimination is either not needed or is supplied by other lighting. Advantages include: the highest luminous efficiency and lowest energy use, low glare associated with the large lamps, good visibility and low scattering, minimal effects on insects and other wildlife, and lack of hazardous mercury wastes. Disadvantages include the lack of color rendition, short lamp lifetime and higher lamp replacement costs compared to HPS, and large lamp size in the higher output lamps. � Effective Lumens per Watt Efficiencies of Light Sources at Different Lighting Levels The conventional preference ranking fi�r lamp types (LPS > HPS > MH > MV) holds for all luminance levels relevant for street lighting. It is not until illumination becomes as low or lower than full moonlight (about 1/10 of the lowest levels encountered n roadways or parking lots) that metal halide begins to exceed LPS and HPS efficiency. Uncertainty in the degree that peripheral and central vision are important to the various and sometimes subtle tasks required under exterior lighting leads to uncertainty in the degree of importance that should be ascribed to the efficiencies of lighting sources at low lighting levels and to peripheral vision. The best current research, however, shows that under typical outdoor lighting levels, the visual system's performance, at least under laboratory conditions, is best characterized as lying much closer to the light-adapted response than to the dark-adapted response (see graph above, as well as IDA IS #136: Some Issues in Low Lighf Level Vision, and references therein). Amateur astronomers will not be surprised at this, since they know that the eye is nowhere near dark-adapted after driving a car or walking around in an illuminated area such as a parking lot. More research needs to be done, but at present the indications are that yellow light sources such as LPS and HPS maintain most of their efficiency advantage over bluer sources such as metal halide and mercury vapor under conditions commonly encountered under typical exterior artificial illumination. �1 200 � � 150 � c a� E � � 100 � U a� w 50 L � a� c o � o °' � � �i uJ .._--._. _—. MV -d -3 -2 -1 0 Log (Luminance [cd/m�]) Key: LPS = low-pressure sodium; HPS = high-pressure sodium; MH = metal halide; MV = mercury vapor. (Adapted from Adrian, W., 1999, "The Influence of the Spectral Power Distribution for Equal Visual Performance in Roadway Lighting Levels", in Proceedings: Vision at Low Light Levels, EPRI, Palo Alto, CA, pg. 85) LAMP TYPE COMPARISON -- SUMMARY This table summarizes the differences in the lamp types for the most common sizes encountered in exterior lighting, exclusive of sports lighting. Values given are approximate, and relative comparisons will depend on the details of the application. Lamp Type Incandescen Fluorescent Metal Halide High-Pressure Low-Pressure Sodium Sodium Wattage 25-150 18-95 50-400 50-400 18-180 Output (lumens) 210-2700 1000-7500 1900-30000 3600-46000 1800-33000 Efficiency g_18 55-79 38-75 72-115 100-183 (lumens/watt) Lumen Maintenance g0(85) 85(80) 75(65) 90(70) 100(100) (%) Lamp Life (hours) 750-2000 10000-20000 10000-20000 18000-24000 16000 Energy Use/Cost high medium medium low lowest Color Rendition good good good moderate none' Notes: Wattage - Lamp wattage most commonly used in general exterior lighting (not including sports lighting) Output - Approximate mean luminous outputs of lamps most commonly used in exterior lighting EffiCienCy - Mean luminous efficiency for above lamp output range, taken at 50% of inean lifetime (does not include ballast losses) Lumen MaintenanCe - Percent of lamp output at 50% of inean lamp lifetime (and at end of inean lifetime) Lamp Llfe - Approximate mean lifetime of indicated lamps Energy Cost - Relative energy costs Color Rendition -Relative ability of average observer to accurately perceive colors under lighting from indicated lamps only (See also: Code Reference 14 - LPS/other lamp type mix for color rendition with LPS energy savings.) Should a Lighting Code Specify Lighting Levels? Nighttime over-lighting is increasingly becoming a serious issue. An egregious example in recent years is glare from service station canopy lighting, where illuminance of 600, 800 and even 1,000 lux or more (60, 80 or 100 foot candles) are increasingly being seen. Other lighting applications are also seeing uncontrolled upward ratcheting of lighting levels in many communities, driven by competitive pressures and by perceived security and liability factors. A principle of good lighting design maintains that the brightest areas in a person's field of vision should not exceed ten times the brightr�ess of the average level to which the eye is adapted. If roadways are to be taken as the reference level, illuminated at 3 to 16 lux (0.3-1.6 foot candles), then this common-sense rule is being exceeded in many cases by great margins. This is a serious problem, leading to compromised visibility and safety particularly for the ageing eye. To effectively address many of the issues of light pollution, over lighting must be addressed. A natural inclination is to turn to the lighting profession itself, and use recommended lighting levels as defined by for example the Illuminating Engineering Society of North America (IESNA) as limits on lighting. There are several practical problems with this approach. First, the recommended practices of the IESNA are often specified as minimum average illuminance (particularlyfor parking lot lighting), meaning that the average level should be as specified or greater. � More importantly, IESNA recommendations are nat intended to be applied uniformly, an approach inherent in a legal document such as a lighting code. These recommendations are offered as a beginning point for lighting professionals, who are expected to turn their expertise and training on the problem at hand to determine what other factors may influence the needed lighting. Lighting levels both above and belowthe recommended levels are professionallyjustifiable in some situations. Lighting levels, when listed simply as an average illuminance (the most common number seen), are difficult to apply as a code limit. In practice, determining average illuminance requires expertise and time; it is not as simple, as is often imagined, as "going out with a meter and checking." Measuring average illuminance requires nighttime work (often in areas with automobile traffic), laying out a regular grid of many points and taking illuminance measures at these points with a calibrated and carefully leveled meter. Average illuminance commonly specified in professional practice are also "maintained" averages, which means that the illuminance is to be met when the light loss factors (LLF� appropriate for the lamps, luminaires and planned maintenance routines areapplied. This means that the "maintained average" illurrinance is not actually measurable on the pavement in any simple way, and additional issues concerning appropriate maintenance factors will have to be considered in the code. After-construction determination of compliance with any rule risks discovering non-compliance after the money has been spent, the design finished, and the lighting literally set in concrete. To avoid these problems a code may consider defining compliance as occurring at the design stage - but this approach then requires a professional design for every lighting permit application - an expensive requirement for small projects. Finally, lighting codes are interpreted, implemented, and enforced by persons that generaly have limited expertise in the technical aspects of lighting design. The cost and training implications of extensive illuminance specification (or any technical specification) in a lighting code are severe. Either the planning departments must obtain and maintain this expertise, or the costs must be imposed on the development community, including every small business that puts up a light. The Model Wisconsin Exferior Lighfing Code emphasizes a different approach, taking a direction that avoids wherever passible technical lighting specifications such as average or maximum illuminance. Lumens Per Acre Caps - The control of the majority of over lighting problems can be addressed effectively by a overall cap on the amount of light permitted, scaled to the area to be developed - lumens per acre caps. The amount of light included in a plan, measured in lumens, is practical and simple to verify from a simple list of lamps, and requires no special lighting expertise. It also leaves the maximum flexibility for the lighting designer, to work within an overall "lumen budgeY' to creatively achieve the goals presented by clients. As long as the lumen amounts permitted in the code provide reasonable amount of light for the designer to work with, professional quality designs can solve the problems of each lighting situation by trading lumens between amounts of decorative and general illumination, areas to be illuminated, illumination levels and uniformities, types of luminaire optical design and other factors to achieve quality lighting without the code prescribing permitted illuminance levels for each situation. (See Reference 5: Discussion of lumens per ner acre caps.) 12 Despite the effectiveness and practicaliry of lumens per acre caps, some special lighting uses such as sports fields and display lots, (because of the potential for large obtrusive impacts should professional design standards be neglected), justify the fiscal impacts of technical specification and professional design. To avoid imposing large training or expertise requirements on planning department staff, these technical design details must be certified by a registered engineer. For the limited and generally large project rypes subject to this requirement, the relative cost implications ofthis approach are small. Classes of Lighting - The different uses to which lighting is put result in different requirements for the kind and amount of light needed, giving rise to a variery of adverse impacts. Because of this, lighting codes often distinguish three general types of lighting uses, and apply somewhat different standards for each. Class 1 lighting is rypically defined in lighting codes as: "All exterior lighting used for, but not limited to, exterior sales or eating areas, assembly or repair areas, advertising and other signs, recreational facilities and other similar applications where color rendition is important to preserve the effectiveness of the activiry." Such uses might include signs, automobile lots, or exterior dining areas where lighting appropriate to general illumination may not provide adequate color rendition. Class 2 lighting comprises most exterior lighting used for general illumination and securiry. For example: providing simple visibility in areas used by pedestrians (walkways), pedestrians and vehicles (parking lots) or vehicles alone (roadways) at night. Class 3 lighting is defined as: "Any exterior lighting used for DECORATIVE effects including, but not limited to, architectural illumination, flag and monument lighting, and illumination of trees, bushes, etc." This includes a large variery of minor uses for lighting where the principle purpose is decorative (e.g. building facade lighting, roof lighting, landscape lighting, etc.). The Code Uses Different Standards for Different Areas - Different areas, with different developed and natural conditions, have differing levels of appropriate light usage, and different sensitivities to the various obtrusive aspects of exterior lighting. Because of this, four Lighting Zones are defined in the Model �sconsin ExteriorLighting Code, and lighting standards appropriate to those Zones are established: Zone E1: Zone E2: Zone E3: Zone E4: Areas with intrinsically dark landscapes. Examples are State parks, National forests, scenic rivers and shorelines, and other areas of outstanding natural beaury, or rural and residential areas where inhabitants have expressed a strong desire that all light trespass be strictly limited. Areas of low ambient brightness. Rural and ex-urban residential areas. Areas of inedium ambient brightness. Urban residential areas. Areas of high ambient brightness. Normally these are urban areas having both residential and commercial use and experiencing high levels of nighttime activiry. �c3 Practical Issues and Problem Areas for Lighting Codes Improvement of lighting quality can be effectively achieved through the application of lighting codes. But many lighting codes, including the Model �sconsin Exterior Lighting Code offered here, suffer from the difficulty of enforcement. While partial solutions some of these problems are described below, a lighting code alone does not provide an solution for many of these problems. Education is often the best avenue for dealing with these (See: Ongoing Education in Exterior Lightin�. Security Lighting - The relation between lighting to security is uncertain and complex. In the context of lighting design the word "securit�' is often used in the sense that the lighting "provides a feeling of comfort or freedom from worry for the people using the area" (IESNA). It is important to note that IESNA recommended practices for security lighting do not purport to provide personal safety or protection from property crimes. Using Light to provide security in the more important sense of "freedom from danger" is problematic. Some studies of the relation of lighting to safety or the prevention of crimes show that lighting can reduce acadent or crime rates, but other studies show no relation, or even that safety and security are decreased when lighting is used. The U.S. Department of Justice has concluded that there is no statistically significant evidence that street lighting impacts the level of crime, but that there is a strong indication that increased lighting decreases the fear of crime. This leads to the conclusion that some lighting may make people more secure in the sense offeeling safer, but actually less safe in fact than if they behaved in a more guarded manner. (For more information on the relation between lighting and security See: Intemational Dar1c Sky Association Information Sheets #47, #51, 63 and U. S. Department of Justice Study of Street Lighting and Crime) Wall Packs - A common source of bad lighting are wall packs, wall-mounted luminaires with optical elements (reflectors and/or lenses) that direct a large portion of their light at angles near the horizontal. They are very commonly used in inappropriate ways, often in attempts to minimize hardware expense ("light o�er there with a light over here'�, giving rise to much glare and poor lighting. ,r:.-; - �ti ;A �' • - �:~ , �� ��. �.. ��°:�'? ;, ':,;.� :� ��° � The typical plain unshielded wall pack is easily recognizable and, if its "' ' "�`` ".f light output is above the threshold for full shielding requirements, can be denied approval under the code. Trouble arises if a user offers to install an "add-on" shield which many manufacturers offer for their products. These add-on shields may be claimed to provide "shielding" or "cutoff," but rarely if ever provide true full shielding according to the code (See: Reference 16 - Shielding and cutoff terminolog�. Planning officials must be aware that such luminaires are almost never fu11y shielded, even after adding shields, and either deny approval or require complete photometric information to verify the complete elimination of uplight. Fully shielded wall-mountable luminaires are available from many manufacturers, with typical "shoe box" or can-shaped designs. These can provide good alternatives to many wall pack applications, though no luminaire will adequately solve the problem of getting useful light at great distances from the luminaire. To ensure quality lighting, all luminaires must be placed reasonably near to where the light is needed. 14 Roadway Lighting - Roadway lighting is a special case of area lighting, and it is often approached in lighting codes differently than other lighting. The main issues of lighting types and standards for roadways are focused on considerations of safety, utility, cost, and to some degree aesthetics. Generally, the community itself will provide roadway lighting, or if it requires developers of new projects to install roadway lighting, the community will likely specify details of how the lighting is to be done. Such specifications commonly include hardware, pole heights (and sometimes colors), pole spacings and locations relative to the roadway, and sometimes illumination levels. Though lighting quality in roadway installations can benefit from the standards developed in lighting codes, such public lighting is not subject to the same public scrutiny as lighting for businesses. The details of roadway lighting for a community are usually set by the traffic engineering department, if there is one, and it is through engineering standards that such lighting is best addressed. (See Reference 1: Roadway lighting standards.) Area Lighting Pole Heights - Some communities have specified limits on the heights of lighting poles, either through a lighting code or otherwise in development standards. There can be two reason for doing this, but the results of such restrictions may not be what is often intended. If the intention is to limit the daytime visual impact of tall light poles against landscape views, then shorter poles may help. But the lighting uniformity goals of the designer may offset the gains from shorter poles by causing an increase in the number of poles. More poles also cost more money to install and operate. Pole height restrictions may result in more poles to maintain uniformity 15 If the intention is to limit the nighttime visual impact of lights, in particular the spread of light from high luminaires into surrounding areas (light trespass), results may be much less than hoped for. Again, since most area lighting has certain target uniformity levels, shorter poles will mean that more must be used, increasing the visual impact at night as well as in the daytime. While the poles will still be shorter, a community must carefully evaluate whether the trade-off of more poles might compromise the original intent to reduce visual clutter. Pole height restrictions may cause more glare with higher angle candlepower distributions. Unfortunately, some designers will attempt to reduce costs by decreasing the number of poles, using luminaires that have greater high-angle luminance, (i.e. luminaires that throw more light to the side). These luminaires would achieve the illuminance and uniformity specifications sought with fewer poles, but will do so at the cost of increased glare. This will lead to increased light trespass, just the opposite of the original goal for restricting pole heights. In general, it is not recommended that a lighting code limit pole heights. With good designs using fully shielded luminaires, poles with standard heights (up to about 11 meters or 35 feet) are minimally obtrusive in most situations. If there is trouble in your community due to unusual circumstances, or the common practice of using of unusually tall poles (over about 14 meters or 45 feet), then pole height restrictions may be considered to address the problem (though it is not recommended to restrict heights to below 25 feet). Swivel Luminaires (Floodlights) - Luminaires with swivel mounting hardware are easy to adjust, inadvertently or intentionally, as they are installed or serviced. This can compromise shielding, and may happen after the installation was examined and approved as complying with the lighting code. Further, such luminaires are not generally designed to be aimed straight down, as is necessary in most cases to obtain full shielding. Even add-on lou�rs or shields do not allow the luminaires to be aimed very high without the same problem. Unfortunately these luminaires are often used for glare-prone lighting in an attempt to "light over there with a light over here." The user tries to avoid the expense of installing a proper support or pole where it is really needed, instead mounting the light on a building, pole or other structure located too far away from the area needing lighting to provide effective lighting. This results in glare, light trespass, and poor lighting quality. [[� �,� � Sports Lighting - The lighting fixtures commonly used for sports lighting can be huge sources of direct glare to spectators and players actually using the fields, and at considerable distances from the sports fields. The brightest single sources of light visible in city nighttime landscape views are often these facilities. It is no surprise that such lighting is probably the single greatest source of complaint and neighborhood tension about lighting issues. Lighting levels used for night sports are the highest commonly encountered in the nighttime environment. Recommended levels for social or recreational sports, including most municipal sports activities, range from 200 to 500 lux (20 to 50 foot candles); levels for professional sports, with large spectator attendance and television coverage, can reach 3000 lux (300 foot candles). Controlling trespass and glare with such lighting levels is an extreme technical challenge, requiring the utmost in quality luminaires and design. Fully Shielded Sports lighting (courtesy of SoftC�Lighting) In the past, available fixtures and lighting designs often left little choice for communities and designers seeking to minimize spill and glare in sports lighting. Fortunately, several manufacturers have recently begun producing fully shielded luminaires suitable for sports lighting, particularly for the most commonly encountered levels of lighting. These designs provide major reductions in off-field spill, and can entirely eliminate direct uplight in all but the brightest lighting levels required for professional level sports. Further, many feel that these designs deliver substantialfy improved lighting quality on the field for the players. 17 Residential Lighting - The effectiveness and enforcement of residential lighting restrictions is always problematic. First, the *,��° �i,. _ majoriry, of lighting fixtures available on the '�F���" � homeowner market are inherently unshielded, ,�.�t'r swivelled and rarely used pointed straight down. �_ � - Second, the details of residential lighting are often _�:'� •� ; not reviewed by building departments, and even if _ _ •,_ E� they are, the large numbers of homes being built �� •; --. - and the many details involved in inspections mean : =:- n :_ ,�� ,- that the shielding details of fixtures are often - overlooked. Review and approval of lighting plans , �_ i _ is typically done before building permits are issued '= - and construction is started, but residential lighting fixtures are often chosen or changed near the end of construction. An even greater problem is that residential lighting is commonly changed or supplemented after construction is completed without any official review or approval process. The low individual outputs of such lights and the low overall amounts used per home or acre, mean that some impacts are lower than for commercial lighting (e.g. skyglow), though the impacts may be greater in other respects (e.g. glare and light trespass in dark residential or rural environments). A balance must be found between these impacts and the practical issues of enforcement. Though a lighting code should have carefully considered standards for residential lighting, the most effective way to address most residential lighting is by education (See: Ongoing Education in Exterior Lighting ). Laser and Search Lights - Sweeping laser or searchlight beams, projected high into the sky and visible for many miles, are used to attract attention to commercial activities or community events. The utility of such practioes for attracting customers is questionable, since persons located at a distance from the lighting cannot generally tell where such light beams are originating. But the wide-reaching effects are not in question. Such practices can affect the appearance of the nighttime environment for thousands or even millions of persons, effectively turning the entire night sky into an advertising medium. The Model �sconsin Extenor Lighting Code prohibits all but temporary use of this type of lighting. Decorative Lighting - Decorative lighting of building exteriors, fountains, landscaping, bridges, statuary and other man-made and natural features is common, especially in large citieswith large landmark structures. To a limited degree, and when done well, decorative lighting can be attractive and effectively showcase distinctive architecture or community features. The illumination of building exteriors is however more often used as an advertising vehicle, effectively converting entire buildings into signs that are not regulated by the local sign codes. Common practices for building floodlighting use up-directed luminaires that project a large proportion of their light directly into the sky. This approach should be strongly discouraged, and the Model �sconsin Exterior Lighting Code makes extensive lighting of this type difficult by applying strict limits on the amount of unshielded lighting allowed. Luminaires mounted at the top of the wall or roof to be illuminated and directed downward are effective and will minimize uplight. 18 The appearance of old fashioned or traditional luminaire styles is considered attractive n many communities, especially those trying to recapture the ambiance of the previous century in their downtown areas. Such lights are appearing even in relatively young communities that have had no historical use of such lighting. The luminaires are typically designed to hold a lamp within a glass (or plastic) enclosure, often with four flat panes, and fully visible straight from the side - there is no shielding for light rays projected near and even above the horizontal. Such luminaires can be effective and attractive if used purely for decorative purposes, with very low output lamps simulating the low output gas flames originally held by such fixtures. Bad lighting results however when an attempt is made to achieve modern illumination levels with such luminaires. To achieve even minimal illumination on the ground, the intensity projected at high angles becomes high, severely compromising the effectiveness of the lighting with glare. Fully-shielded but otherwise antique-style luminaires that contain the light source recessed within the top of the luminaire are available from a number of manufacturers. Though the lamp is fully recessed into the upper housing in these designs, true full shielding is not achieved since the glass or plastic windows, even if quite smooth, will refract and scatter some light outward and upward, particularly as they age and get dirty. Further, since such luminaires are generally mounted on quite short poles (3-4.5 meters or 10-15 feet), and since the pole itself generally will cast a substantial shadow on the ground around the pole, achieving good quality lighting with acceptable uniformity and glare is difficult with such designs; they should still use lamps with about 5000 lumens or less output, and not be used as a sole light sour�e where lighting quality is a priority. Fully Shielded Antique Cut-Off Lighting Bike Paths and Walkways - Multiuser non-motorized transportation corridors are becoming more common as people seek alternatives to driving, and look for recreational opportunities off city streets and highways. In cases where commuter bicycle traffic is heavy, lighting of bike paths may be considered. Acknowledging that pedestrians, recreational and commuter traffic will be using the same corridor, bicycle pathway lighting must provide an appropriate level of illumination for all users. In addition, many pathways are adjacent to residential or natural areas, so that spill lighting and glare should be avoided to the e�ent possible. Bollards style luminaires mounted below eye level are ideal for illuminating bike paths and walkways. More frequent spacing, combined with lower wattage bulbs, can meet recommended levels of illuminance and uniformity while reducing operating costs. When properly chosen, these fixtures also eliminate glare and light trespass on surrounding properties. They can be particularly effective for reclaimed railro�d grades at elevations above adjacent homes. ;� ,, , �. ; °. '� ; 'y;a� .., , � , �` . e,�.� .i � - L� ^�;� �,f ,; :• . • � Recommended Illumination for Bike Paths and Pedestrian Walkways Lux/Foot Candles (From: IESNA DG-5-1994, Table 2) Average Horizontal Illuminance Levels Paths/Sidewalks along streets: Commercial Intermediate Residential Paths away from streets: 10/1 5/0.5 2/02 5/0.5 Horizontal Avg : Min 4:1 4:1 10:1 10:1 Average Vertical Illuminance Levels 20/2 10/1 5/0.5 5/0.5 Vertical Avg : Min 5:1 5:1 5:1 5:1 Shoreland Lighting - The economic value of waterfront property in Wisconsin provides ample evidence of the importance of the waterfront environment to the people that live along it. During the daytime this environment is heavily used for recreation purposes. Artificial lighting allows us to engage in nighttime activities that would be impossible or unsafe under natural night lighting conditions. Whether iYs boating, or simply sitting on the porch to read, our enjoyment of EXAMPLE S QF SQME the night is enhanoed by the use of artificial light. At night our rivers and CC�MM4N LIGHTING FIXTLTRES lakes provide a quiet open dark space that gives us privacy and an opportunity POOR �QQD to enjoy the heavens. Good shoreland ��r �' ✓ lighting practices include: � .-� �r�,_-- 1.Providing adequate light for the intended task, but never over-lighting 2.Use full cut-off lighting fixtures with minimum glare from the light-producing source. 3. Install lighting fixtures carefully to maximize their effectiveness on the targeted property, and minimize their adverse impact beyond the property borders. 4. Use fixtures with high-efficiency lamps, while still considering the color and quality as design criteria. ��� �:��: r �.. I x.l� -` 4�w�^. - _ _ �:��:;��z - _ Typical 'iVaIY Pack" ���' �� �- ��- ;��- - . , '���' Typdca] "Yarrl Light" ,�'��`""�,� ,•� -, � , F�, , , :�ia�k,; ..� .�----' .� ,�"y r�' -_ t���_����,�, - . A rea Floa! Light r Tqpical 'Sme Bo3" (f�ward ltcotv) �` � �--' � � �,. .' ,' �� i�` _ ` - , , , �� "� ,�; , , �, , � � �. dpaque Re�ecOor (iamP imiae) V ��� --- A rea P'lood L ight w ith H ood Part 2: The Model Wisconsin Exterior Lighting Code Introduction - A lighting code is how a communiry expresses its expectation for qualiry lighting. If it is well written, implemented and enforced, the amount of improvement that can be achieved for most communities is phenomenal. Effective shielding standards, as recommended in this model code, can reduce the amount of light escaping into the sky by fifty percent or more, compared to rypical unregulated lighting practice. In the majoriry of cases, these shielding standards will also virtually eliminate glare. In applications where over-lighting has become a common practice (e.g. service station canopies and parking lots), the overall lighting limits recommended in The Model Wisconsin ExteriorLighting Code, expressed as "I�mens per acre caps", will reduce unnecessary lighting, glare and stray light by even greater amounts. Unlike other forms of pollution, the elimination of light pollution in all its forms actually saves money. Qualiry lighting costs less than bad lighting, in the long term and even usually in the short term. Everyone wins when lighting is done right. Though comprehensive exterior lighting codes originated in communities with significant astronomicai research facilities, light pollution issues are much broader than the effectiveness of astronomical research. All of us (even non-astronomers) live under the sky, and all of us need qualiry exterior lighting. Careless use of exterior lighting damages the nighttime environment for everyone, often decreasing security and safety and creating hazards and distraction where none existed without the lighting. Qualiry lighting returns a sense of balance to the night, and gives a hospitable appearanoe to our towns and cities when the sun goes down. Quality lighting brings other substantial benefits as well. Lack of glare and excessive illumination improve visibiliry, especially to the aging eye. Elimination of wasted light saves money, energy and resources reduce air pollution, water pollution and carbon dioxide emissions caused by energy production and resource extraction. But poor lighting practice is all too common. Careless and excessive use of lighting in our exterior environment compromises safety and utility, at the same time that it causes extensive damage to the aesthetics of the night. Bad lighting hurts everyone. It starts a cascade of negative consequences - beginning with the loss of our views of the heavens, continuing through falling levels of safety and utility, aggravation of neighbors and wildlife, disturbance of the rhythms of day and night that are vital to many natural systems, damage to the aesthetic appearance of our communities, wasted monetary and natural resources used to produce wasted light, and increased air pollution and carbon dioxide levels from wasted fossil fuels. There is nothing good that comes from bad lighting. Using the Model Wisconsin Exterior Lighting Code - The Model Wisconsin Exterior Lighting Code does not intend to offer a single solution, appropriate for all communities or situations. It offers instead a comprehensive guide describing issues relevant to the control of the obtrusive aspects of e�erior lighting, and a list of effective regulatory approaches to mitigate these aspects. The Model Wisconsin Exterior Lighting Code is intended for use by a communiry of any size seeking to write a new, or update an existing, lighting code. 21 Before modifications are attempted to conform your code to the Model Code (or any other codes you may be using as guides) the code must be understood. Any code prescribing something as complex and diverse as lighting practices will naturally be somewhat complicated. Complicated codes can be difficult codes - difficult to understand and difficult to apply, demanding considerable and perhaps une�ected resources of community planning departments. Good lighting codes recognize these facts, and seek approaches to the issues that are as simple to understand and apply as is possible while maintaining effectiveness practicality, enforcement and cost. There is no such thing as a code that can be imposed to fix the complex problems of poor lighting without the understanding and comprehension of those that will interpret and apply the code on a daily basis at your community planning department. Participation .of these professionals in the process will assure the best chances for an effective lighting code. The Model Wisconsin Lighting Code below is intended only as a guide to writing a code suitable for your community. Issues and priorities will be different for every community, and the Pattern must be adapted to reflect your community's concems and desires. Samp�e code language is provided for use in developing a code that reflects the community's special needs. Code Explanations and Sample Lar�9ua9e 1. Purpose and Intent This section sets out the purpose of the lighting code, briefly sketching the problems that are to be addressed. In some jurisdictions, this section has been used as an introduction to the general issues of light pollution. If there are explanations desired for the specific approaches or details within the code, they may be worked in to this section. Other codes keep such explanatory text to a minimum. Section 1. Purpose and Intent It is the intent of this Code to define practical and effective measures by which the obtrusive aspects of excessive and/or careless exterior light usage can be minimized, while preserving safety, security and the nighttime use and enjoyment of property. These measures will curtail the degradation of the nighttime visual environment by encouraging lighting practices that direct appropriate amounts of light where and wheri it is needed, increasing the use of energy-efficient sources, and decreasing the wastage of light and glare resulting from over-lighting and poorly shielded or inappropriately directed lighting fixtures. Section 2. Conformance with Applicable Codes All exterior illuminating devices shall be installed in conformance with the provisions of this Code, the Building Code, the Electrical Code, and the Sign Code of the jurisdiction as applicable and under appropriate permit and inspection. 3. Applicability This is an important section, defining what lighting the code will apply to. Issues of ownership (private, public, commercial, governmental), output, use, and grand fathering can all affect whether and how lighting is addressed by the lighting code. All codes will apply to lighting installed 22 after the effective date of the code, but many codes exempt public roadway lighting, or exempt fixtures containing lamps below a certain output level. The approach to lighting that is in place at the time the code is adopted can differ considerably from jurisdiction to jurisdiction. An exemption for public roadway lighting is a practical issue related to the detailed specifications often used for such lighting. These are usually addressed by engineering standards (See Reference 1: Roadway Lighting Standards). Codes that exempt low-output fixtures seek to simplify the application ofthe code by avoiding restrictions and evaluation of such fixtures, which are regarded by some as having minimal obtrusive impacts even if they are poorly utilized. Such low-output fixtures are however a principle source of trouble and complaint in darker surroundings such as residential areas and particularly rural areas. Further, such an exemption in practice has often led to a tendency to use more poorly-designed and obtrusive low-output fixtures to avoid regulation, when the job would have been much better realized with higher output, higher quality fixtures. In The Model �sconsin Exterior Lighting Code all lights are addressed. While some restrictions are relaxed for lower outputs, they are not entirely excluded from consideration. Regarding existing lighting, approaches can vary from requiring immediate conformance of all lighting (including previous installations), to never requiring conformance of previous installations. The available options here will be constrained by many factors, including the state constitution, case law and precedent, political will and community desire. If in-place lighting is given any different treatment, then the code should define rules for such lighting. During the period that such special rules apply, such lighting is said to be "grand fathered." Commonly, codes eventually require conformance of all lighting, usually after a period of time of from a few to ten years (a so-called sunset clause). Permanent grand fathering of old lighting installations will cause ongoing enforcement problems. In principle all old lighting will eventually be changed, because the fixture breaks, the site is re-developed or just redesigned. But in practice what often happens is that such lighting will be replaced piece-meal, and no permit is taken for the replacement or upgrade, and therefore no review is done and the replacement will often be as bad as the old lighting. Further, lighting will often be simply added to sites with grand fathered lighting. Though replacing or adding lighting without approval is not allowed the way most codes are written, in practice someone must notice that it has been done. But even if someone notices that the lighting has been changed or supplemented, on a grand fathered site there probably exists no documentation of the previous lighting, and the situation can degenerate to one person's or group's word against another. Such situations are economically and politically costly and should be avoided if possible by including a sunset clause in the code. If after ten years (for example) all old lighting must be brought into compliance, then there is no question - if the light is non-compliant, it is a violation; no-one has to prove when it was installed Finally, some codes have been applied only to public or commercial lighting, exempting private (residential) and sometimes governmental lighting. Though residential standards have practical difficulties for application and enforcement (See: Residential Lightin�, lighting codes should address this lighting also, since it can have great negative impacts in residential areas. Exempting lighting at governmental installations sends entirely the wrong message, and is strongly discouraged. Publicly owned facilities should lead the way in conforming to their own codes, and demonstrating the advantages of quality lighting for all lighting users. 23 Section 3. Applicability 3.1 New Uses, Buildings and Major Additions or Modifications. For all proposed new land uses, developments, buildings, and structures that require a permit, all exterior lighting fixtures shall meet the requirements of this Code. All building additions or modifications of twenty-five (25) percent or more in terms of additional dwelling units, gross floor area, or parking spaces, either with a single addition or with cumulative additions subsequent to the effective date of this provision, shall invoke the requirements of this Code for the entire property, including previously installed and any new exterior lighting. Cumulative modification or replacement of exterior lighting constituting twenty-five (25) percent or more of the permitted lumens for the parcel, no matter the actual amount of lighting already on a non-conforming site, shall constitute a major addition for purposes of this section. 3.2 Minor Additions. Additions or modifications of less than twenty-five (25) percent to existing uses, as defined in Section 3.1 above, and that require a permit, shall require the submission of a complete inventory and site plan detailing all existing and any proposed new exterior lighting. Any new lighting on the site shall meet the requirements of this Code with regard to shielding and lamp type; the total exterior light output after the modifications are complete shall not exceed that on the site before the modification, or that permitted by this Code, whichever is larger. 3.3 Resumption of Use after Abandonment. If a property or use with non-conforming lighting is abandoned as defined in Section 16, then all exterior lighting shall be reviewed and brought into compliance with this Code before the use is resumed. 3.4 Existing Uses and Buildings. After a period of ten years from the date of enactment of this code, any lighting in place prior to the enactment date shall come under the provisions of the code. 3.4 Lighting for public roadways is exempt from the provisions of this Code. See Reference 1: Roadway lighting standards 4. Shielding and Total Exterior Light Output Standards This is the principle section defining lighting standards. Spend considerable time here to make sure the meaning and implications of the standards are understood. Exterior lighting is tremendously diverse, with thousands of users and thousands of designs. Be careful not to focus so strongly on one type of lighting that the code becomes impractical or impossible for other types. Persons have lots of ideas of how to light and what lighting is for - be careful in defining standards that you do not constrict their ability to do what they want any more than is justified by the wider community impacts of the practices. Though much of the lighting in a community is used for the relatively simple applications of roadway and parking lot lighting, providing reasonable standards for the remaining lighting can be the source of lots of code text and exceptions. Exceptions require skillful crafting, of they can f►�! create immense problems and "loopholes" where poor lighting practices are inadvertently allowed, or even encouraged, along with the intended exception. Section 4. Shielding and Total Exterior Light Output Standards 4.1 All nonexempt exterior lighting fixtures shall have shielding as shown in Table 4.1. Table 4.1 LAMP TYPE AND SHIELDING STANDARDS LIGH'I'ING ZONE USE CLASS AND LAMP TYPE E4 E3 E2 E1 Class 1 lighting (Color Rendition): Initial output greater than or equal to 2000 lumens F F F F Initial output below 2000 lumens (2) A(1) A(1) A(1) F Class 2 lighting (General Illumination): Initial output greater than or equal to 2000 F F F F lumens Initial output below 2000 lumens (2) A(1) A(1) A(1) F Class 3 lighting (Decorative)(3): Initial output greater than or equal to 2000 F F X X lumens Initial output below 2000 lumens (2) A(1) A(1) F F Residential lighting (all classes)(4): Initial output greater than or equal to 2000 F F F F lumens Initial output below 2000 lumens (2) A(1) A(1) A(5) A(5) Fixture Use Codes: A= all types of fixtures allowed; shielding not required but highly recommended, except that any spot or flood-light must be aimed no higher than 45 degrees above straight down F= only fully shielded fixtures allowed X = not allowed Notes to Table 4.1 (1) Flood or spot lamps must be aimed no higher than 45 degrees above straight down (half-way between straight down and straight to the side) when the source is visible from 25 any off-site residential property or public roadway. (2) Exception: seasonal decorations using typical unshielded low-wattage incandescent lamps shall be permitted in all lighting zones from Thanksgiving thru 15 January, (3) All Class 3 lighting shall be extinguished between 11;OOpm (or when the business closes, whichever is later) and sunrise. (4) Residential refers to all residential land-use zoning, including all densities and types of housing such as single-family detached and duplexes. Multiple-family residential uses must use standards above for Class 1, 2 and 3 lighting. (5) Any lamp installed on a residential property must be shielded such that the lamp is not directly visible from any other residential property. (See Reference 2: Origin of 45 degree limitation for spotlights and floodlights) (See Reference 3: Discussion of 2000 lumen shielding split) (See Reference 4: Examples of lamps with 2000 lumen and less) 4.2 Total exterior light output shall not exceed the limits in Table 4.2. Seasonal decorations, permitted between Thanksgiving and 10 January, are not counted toward these fimits. (The values in this table are upper limits and not design goals; design goals should be the lowest levels that meet the requirements of the task.) Table 4.2 MAXIMUM TOTAL Exterior LIGHT OU'fPUT STANDARDS LUMEN CAPS - INITIAL LUMENS PER NET ACRE LIGHTING ZONE E4 E3 E2 E1 Commercial and Industrial zoning (1) total (shielded + unshielded) 200,00� 100,000 50,000 25,00 unshielded only 10,000 10,000 4,000 2,00 Residential zoning (2,3) total (shielded + unshielded) 20,000 10,000 10,000 10,00 unshielded only 5,000 5,000 1,000 1,00 Notes to Table 4.2 (1) This refers to all land-use zoning classifications for multiple family, commercial and industrial uses. (2) This refers to all residential land-use zoning classifications, including all densities and types of housing such as single-family detached and duplexes. (3)In Lighting Zones E4-E1, each residential single-family detached home or duplex is 26 allowed up to 5,500 total lumens, or the amount indicated in this Table based on the parcel's acreage, whichever is larger. Each is also allowed a maximum of 5,500 lumens of unshielded ("A") lighting, provided Table 4.1 allows the lamp's type with "A" shielding. All residential spot or Flood lamps permitted are to be aimed no higher than 45 degrees above straight down (half-way between straight down and straight to the side). (See Reference 2: Origin of 45 degree limitation for spotlights and floodlights) (See Reference 5: Discussion of lumens per net acre caps) (See Reference 6: Equivalent lumens/acre, lumens/hectare and lumens/meter2 values) (See Reference 7: Origin of 5500 lumen unshielded cap) (See Reference 8: Alternative section 4.2 with LPS requirement) 4.3 All light fixtures that are required to be shielded shall be installed and maintained in such a manner that the shielding is effective as described in the definition in Section 16 for fully-shielded fixtures. 4.4 Beyond the shielding requirements of Section 4.1, all light fixtures shall be located, aimed or shielded so as to minimize stray light trespassing across property boundaries. Particularly, any lamp installed on a residential property and visible from any other residential property must be shielded such that it is not directly visible from that property. 4.5 Multi-class lighting must conform to the shielding and timing restrictions, if any, that apply to the most restrictive included class. (See Reference 9: Example applications of Section 4) 5. Outdoor Advertising Signs Most civil regulations affecting signage will be contained in a Sign Code, and coordinating the lighting aspects of signage addressed in the Exterior Lighting Code with the Sign Code is essential. It is a good idea to include a reference within the sign code to this section of the lighting code. Lighting of signs is an important lighting issue. After area lighting, commercial sign lighting is one of the largest sources of light in commercial districts. The uplight, glare, and aesthetic impacts of signage depend very strongly on the design of the sign and its lighting. The Model �sconsin Exterior Lighting Code includes requirements that all exterior lighting for signage be down-directed, with shielding and lamp type standards the same as for any other lighting. Some billboard manufacturers or operators may claim that such lighting cannot be done or is impractical, but many jurisdictions have been successful in requiring such lighting. Some jurisdictions (Flagstaff and Coconino County, as well as the state of Vermont) either prohibit lighting of such "off-site" signs {off the site of the advertised business), or prohibit such signs altogether. The Model �sconsin Exterior Lighting Code includes a prohibition against lighting of off-site signs in some areas (Section 9.4). Internally illuminated signs are by their nature unshielded light sources; in communities with good light shielding practice, the light emanating from such signs are a major remaining source of direct uplight. Styles of signage with decreased background luminance can greatly reduce overall sign lighting outputs at the same time that they improve legibility and advertising effectiveness. 27 White-background signs or signs with yellow or other bright backgrounds, with darker text, produce the greatest amount of light. Colored backgrounds with lighter text and symbols often convey information more effectively and attractively, at the same time that overall light output is reduced to typically one-half or one-fourth of a white-background sign of the same size. Even the common "reader panels" with changeabletext can be fitted internally with colored films to reduce the output by substantial amounts without compromising the visibility of the text. Most efficient of all are signs with opaque backgrounds (or no backgrounds) - these signs can have extremely good legibility but produce often less than one-tenth the light output of the white background sign of equivalent size. Section 5. Outdoor Advertising Signs 5.1 External illumination for signs shall conform to all provisions of this Code. In particular, such lighting shall be treated as Class 1 lighting and shall conform to the lamp source, shielding restrictions and lumen caps of Section 4. All upward-directed sign lighting is prohibited. (See Reference 10: Discussion of internally illuminated sign colors) (See Reference 11: Off-site sign illumination) 5.2 Internally illuminated and neon signs. A. Outdoor internally-illuminated advertising signs must either be constructed with an opaque background and translucent text and symbols, or with a colored (not wriite, off-white, light gray, cream or yellow) background and generally LIGHTER text and symbols, Lamps used for internal illumination of such signs shall not be counted toward the lumen caps in Section 4,2. B. IVeon signs shall be treated as internally illuminated signs for the purposes of this Code, and shall not have their luminous outputs counted toward the lumen caps in Section 4.2. Neon lighting extending beyond the area considered to be the sign area (as defined in the Sign Code of this jurisdiction) shall conform to all provisions of this Code. In particular, such lighting shall be treated as Class 3(decorative) lighting and shall conform to the lumen caps of Section 4, C. Other internally-illuminated panels or decorations not considered to be signage according to the sign code of this jurisdiction (such as illuminated canopy margins or building faces), shall be considered decorative (Class 3) lighting, and shall be subject to the standards applicable for such lighting, including but not limited to the lamp source, shielding standards and lumens per acre caps of Section 4. (See Reference 12: Sign styles with smaller light pollution impacts) 5.3 Illumination for all advertising signs, both externally and internally illuminated, shall be turned off at the curfew times listed in Table 5.3 or when the business closes, whichever is later. Signs subject to curfews are required to have functioning and properly adjusted automatic shut-off timers. Light background (white, off-white, light gray, cream or yellow) internally illuminated signs, installed legally before enactment of this code [enter date], may continue to be used and illuminated but must conform to the curfews as indicated. 28 Table 5.3 ILLUMINATED SIGN CURFEWS LIGHTING ZONE Sign Type and Land Use Zone(1) E4 E3 E2 E1 Commercial and Industrial zoning Opaque Background 12am 12am llpm llp Colored Background 12am 12am llpm IV/ Light Background lOpm lOpm 9pm IV/ All residential zoning Opaque Background llpm llpm lOpm 9p Colored Background llpm llpm lOpm 9p Light Background 8pm 8pm 8pm 8p Notes to Table 5.3 (1) Land Use Zoning refers to the predominant use of land within 300 meters (or 1000 feet) of the parcel on which the sign is located. (2) N/P means that such signs are not permitted. 6. Special Uses These are relatively uncommon, mostly high-intensity lighting uses with large potential obtrusive impacts that justify special treatment. 7he Model Wisconsin Extenor Lighting Code requires professional design for some, which can have cost implications. The temptation to include such technical and specific restrictions in the lighting code for many uses should be resisted, since such a path can lead to inflexibility and the jurisdiction trying to specify, understand and enforce designs and specifications that professional lighting designers take years to learn. High-intensity lighting systems, such as those used for many sports activities, can have tremendous impacts on nearby properties, and even on properties up to considerable distances if the design is poor. The requirements for high levels of illumination, combined with the large areas to be illuminated and the large setback distances necessary to keep the lighting standards away from the field, together combine to make it extremely challenging for designers to keep lighting and glare levels in the surrounding areas undergood control. For these reasons, good community land-use planning attempts to avoid the juxtaposition of such uses with uses that are adversely affected by this spill light, principally residential uses. Glare into nearby roadways must also be carefully considered. Even with such planning, trespass and glare can be very obtrusive, even hazardous, unless the utmost care and skill is utilized in the selection of luminaires and the design. The Model Wisconsin Exterior Lighting Code requires that some special uses (athletic fields and display lots) be designed and certified after construction by a registered engineer. Though such a requirement has significant cost implications, the budgets for such projects are already usually 29 large, and the relative impact of the professional design is therefore small. Service station canopy lighting is an exception, which is addressed though lumens per square foot caps similar to the lumens per acre caps of Section 4.2. Codes that attempt to restrict pole heights can give unexpected negative results, in sports lighting or in any area lighting (See: Should a lighting cnde limit pole heights? ). The use of short poles can in some cases be accommodated by increasing the number of poles, though this will increase the cost. But overly restricting the height, especially in sports lighting, in an attempt to decrease the obtrusiveness of the poles against the landscape, or even in an attempt to reduce the spread of the light into neighboring areas, can in fact cause the lighting to be more obtrusive by forcing the designer to aim the lights closer to the horizon in an attempt to adequately illuminate areas located far from the poles. Section 6: Special Uses 6.1 Recreational Facilities. A. Lighting for outdoor athletic fields, courts or tracks in I_ighting Zones El -- E4 shall be considered Class 1(Color Rendition), and shall be exempt from the lumens per acre limits of Section 4.2. B, Shietding: In Lighting Zones El -- E4, fully shiefded fighting is required for fields designed for Class III or IV levels of play (typically amateur or municipal league, elementary to high school, training, recreational or social levels). Facilities designed for Class I and II levels of play (typically college, semi-professional, professional or national levels) shall utilize luminaires with minimal uplight consistent with the illumination constraints of the design. Where fully shielded fixtures are not utilized, acceptable luminaires shall include those which: 1. Are provided with internal and/or external glare control louvers and installed so as to minimize uplight and offsite light trespass, and; 2. Are installed and maintained with aiming angles that permit no greater than five percent (5%) of the light emitted by each fixture to project above the horizontal. C. Illuminance; All lighting installations shall be designed to achieve no greater than the minimal illuminance levels for the activity as recommended by the Illuminating Engineering Society of North America (IESNA). D. Off-site spill: The installation shall also limit off-site spill (off the parcel containing the sports facility) to the maximum extent possible consistent with the illumination constraints of the design. For Class III and IV levels, a design goal of 5 lux (0.5 fc) at any location on any non-residential property, and 1 lux (0.1 fc) at any location on any residential property, as measurable from any orientation of the measuring device, shall be sought. For Class I and II levels, a design goal of 7.5 lux (0.75 fc) at any location on any non-residential property, and 1.5 lux (0.15 fc) at any location on any residential property, as measurable from any orientation of the measuring device, shall be sought. E. Certification; Every such lighting system design and installation shall be certified by a registered engineer as conforming to all applicable restrictions of this Code. 30 F. Curfew: All events shall be scheduled so as to complete all activity before the curfew listed in Table 6.1, Illumination of the playing field, court or track shall be permitted after the curfew only to conclude a scheduled event that was unable to conclude before the curfew due to unusual circumstances. Table 6.1 SPORTS FACILITY AND DISPLAY LOT LIGHTING CURFEWS LIGHTING ZONE E4 E3 E2 E1 12am llpm llpm lOpm 6.2 Outdoor Display Lots. A. Lighting for display lots shall be considered Class 1(Color Rendition), and shall be exempt from the lumens per acre limits of Section 4.2. B. Shielding; All display lot lighting shall utilize fully shielded luminaires that are installed in a fashion that maintains the fully shielded characteristics. C. Illuminance: The display lot shall be designed to achieve no greater than the minimal illuminance levels for the activity as recommended by the Illuminating Engineering Society of North America (IESNA). D. Off-site spill: The display lot shall limit off-site spill (off the parcel containing the display lot) to a maximum of 5 lux (0.5 fc) at any location on any non-residential property, and 0.5 lux (0.05 fc) at any location on any residential property, as measurable from any orientation of the measuring device. E. Certification: Every display lot lighting system design and installation shall be certified by a registered engineer as conforming to all applicable restrictions of this Code. - Curfew: Display lot lighting exceeding the lumens per acre cap of Section 4.2 shall be turned off at the curfew listed in Section 6.1 or within thirty minutes after closing of the business, whichever is later. Lighting in the display lot after this time shall be considered class 2 lighting, and shall conform to all restrictions of this Code applicable for this class, including the lumens per acre caps in Section 4.2. (See Reference 13: Lumen cap exemption for display lots) 6.3 Service Station Canopies. A. Lighting for service station canopies shall be considered class 2 lighting (General Illumination). B. Shielding: All luminaires mounted on or recessed into the lower surface of service station canopies shall be fully shielded and utilize flat lenses, C. Total Under-Canopy Output: The total light output used for illuminating service station canopies, defined as the sum of all under-canopy initial bare-lamp outputs in lumens, shall not exceed 430 lumens per square meter (forty lumens per square K� foot) of canopy in Lighting Zones E3 and E4, and shall not exceed 215 lumens per square meter (twenty lumens per square foot) in Lighting Zones El and E2. All lighting mounted under the canopy, including but not limited to luminaires mounted on the lower surface or recessed into the lower surface of the canopy and any lighting within signage or illuminated panels over the pumps, is to be included toward the total at full initial lumen output. C. The lumen output of lamps mounted on or within the lower surface of a canopy is included toward the lumen caps in Section 4.2 according to the method defined in Section 16.24. Other lighting located under a canopy but not mounted on or within the lower surface is included toward the lumen caps in Section 4.2 at full initial output. (See Reference 14: LPSlother lamp type mix for color rendition with LPS energy savings) (See Reference 15: Further information on canopy lighting) 6.4 All lighting not directly associated with the special use areas above shall conform to the lighting standards described in this Code, including but not limited to the lamp type and shielding requirements of Section 4.1 and the lumens per acre limits of Section 4.2. The net acreage for the determination of compliance with Section 4.2 shall not include the area of the athletic field or outdoor display lot, as defined in Section 16.21; the area of any service station canopy shall be included in the net acreage. 7. Submission of Plans and Evidence of Compliance with Code, Subdivision Plats Here is the functional heart of the lighting code - the information required must be both relatively easy to come by, simple to understand for planning staff, and sufficient to assure compliance with the standards of the lighting code. There is a delicate balance between these aspects. Forms to collect the information required are included in the. Section 7. Submission of Plans and Evidence of Compliance with Code, Subdivision Plats 7.1 Submission Contents. The applicant for any permit required by any provision of the laws of this jurisdiction in connection with proposed work involving exterior lighting fixtures shall submit (as part of the application for permit) evidence that the proposed work will comply with this Code. Even should no other such permit be required, the installation or modification (except for routine servicing and same-type lamp replacement) of any exterior lighting shall require submission of the information described below. The submission shall contain but shall not necessarily be limited to the following, all or part of which may be part or in addition to the information required elsewhere in the laws of this jurisdiction upon application for the required permit: �Plan indicating the location on the premises of each illuminating device, both proposed and any already existing on the site; �Description of all illuminating devices, fixtures, lamps, supports, reflectors, both proposed and existing. The description may include, but is not limited to, catalog cuts and illustrations by manufacturers (including sections where required); 32 �Photometric data, such as that furnished by manufacturers, or similar showing the angle of cut off of light emissions. 7.2 Additional Submission. The above required plans, descriptions and data shall be sufficiently complete to enable the designated ofFicial to readily determine whether compliance with the requirements of this Code will be secured. If such plans, descriptions and data cannot enable this ready determination, the applicant shall additionally submit as evidence of compliance to enable such determination such certified reports of tests as will do so provided that these tests shall have been performed and certified by a recogriized testing laboratory. 7.3 Subdivision Plats, If any subdivision proposes to have installed street or other common or public area exterior lighting, submission of the information as described in Section 7.1 shall be required for all such lighting. 7.4 Lamp or Fixture Substitution, Should any exterior light fixture or the type of light source therein be changed after the permit has been issued, a change request must be submitted to the designated official for approval, together with adequate information to assure compliance with this Code, which must be received prior to substitution. 7.5 If the designated official determines that the proposed lighting does not comply with this Code, the permit shall not be issued or the plan approved. 7.6 For all projects where the total initial output of the proposed lighting equals or exceeds 50,000 lamp lumens, certification that the lighting, as installed, conforms to the approved plans shall be provided by a certified engineer before the certificate of occupancy is issued. Until this certification is submitted, approval for use of a Certificate of Occupancy shall not be issued for the project. 8. Approved Materials and Methods of Construction or Installation/Operation This section provides a method for addressing any lighting designs or developments that have not been addressed in the code. As written in the Model Wisconsin Exferior Lighfing Code, it provides a no-cost approach for innovations that otherwise would have to be addressed through the jurisdiction's variance procedures. It is not often used in most codes. Care must be exercised in deciding who will make the decision in these cases. As written here, the local planning official is suggested as most appropriate, since an official employed by the community is charged with overseeing the community's interests in evaluating the proposal. If there is a need for technical evaluation beyond the expertise of the designated official, outside advice can be solicited from the local lighting advisory group (See: Ongoing education in exterior lighting ), or from a professional lighting designer hired for the occasion. 33 Section 8. Approved Materials and Methods of Construction, Installation and Operation 8.1 The provisions of this Code are not intended to prevent the use of any design, material, or method of installation or operation not specifically prescribed by this Code, provided any such alternate has been approved by the designated official. The designated official may approve any such proposed alternate providing he/she finds that it: A. Provides at least approximate equivalence to that applicable specific requirements of this Code B. Is otherwise satisfactory and complies with the intent of this Code. 9. Prohibitions Beyond the lighting standards detailed in the code, it is useful to address some specific areas that may arise. As a practical concern, to improve compliance especially in situations where permits are not taken or required, the sale of non-conforming fixtures is prohibited. This kind of wording has proved useful in informing retailers about lighting issues and making sure that they offer only fixtures that conform to the community's standards for exterior lighting. Section 9. Prohibitions 9.1 Sale of Non-Conforming Fixtures and Lamps. The installation, sale, offering for sale, lease or purchase of any exterior lighting fixture or lamp the use of which is not allowed by this Code is prohibited. 9.2 Laser Source Light. The use of laser source light or any sirriilar high intensity light for outdoor advertising or entertainment, when projected above the horizontal, is prohibited, 9.3 Searchlights. The operation of searchlights for advertising purposes is prohibited. 9.4 Outdoor Advertising Off-Site Signs. Illumination of outdoor advertising off-site signs is prohibited in Lighting Zones E2,and E1. 10. Temporary Exemption Some users of temporary lighting cannot reasonably work within the constraints of the lighting code. Examples are nighttime highway construction crews and carnivals. This section provides an avenue to address the issues that can be addressed (highway crews can exercise care in the direction they aim the floodlights, for example), and a way of limiting the time-span for such lighting. Section 10. Temporary Exemption 10.1 Request; Renewal; Information Required. Any person may submit, on a form prepared by the jurisdiction, to the designated official, a temporary exemption request. The request shall contain the following information: • Specific Code exemption(s) requested; • Duration of requested exemption(s); • Proposed location on premises of the proposed light fixture(s); 34 • Purpose of proposed lighting; •Information for each luminaire and lamp combination as required in section 7.1; • Previous temporary exemptions, if any, and addresses of premises thereunder; •Such other data and information as may be required by the designated official. 10.2 Approval; Duration. The designated official shall have five (5) business days from the date of submission of the request for temporary exemption to act, in writing, on the request. If approved, the exemption shall be valid for not more than thirty (30) days from the date of issuance of the approval. The approval shall be renewable upon further written request, at the discretion of the designated official, for a maximum of one (1) additional thirty (30) day period. The designated official is not authorized to grant more than one (1) temporary permit and one (1) renewal for a thirty (30) day period for the same property within one (1) calendar year. 10.3 Disapprovai; Appeal. If the request for temporary exemption or its extension is disapproved, the person making the request will have the appeal rights provided in Section 12. 11. Other Exemptions Section 11.1 specifies the "grandfathe�' rules for previously installed non-conforming lights. See also Section 3, which describes how the standards apply to new lighting and the conditions under which lighting is considered to be new. Section 11.2 concerns the issue of eminent domain - state and federal bodies are not legally constrained by local codes, and they of course know this. In many areas though such organizations will cooperate with the local planning bodies, submitting building plans for example as a courtesy for review. This subsection simply states that such a process is encouraged for lighting as well. The effective way to make sure it happens, though, is to have your representatives (city council, county supervisor, etc.) make contact with the local representatives of any state or federal operations, inform them of the issues and the code, and gain their personal assurance that they will cooperate with the community. This contact will need renewal on an intermittent basis. Section 11. Other Exemptions 11.1 Nonconformance A. Bottom-mounted or unshielded outdoor advertising sign lighting shall not be used beginning five years after enactment of this Code. B. All other exterior light fixtures lawfully installed prior to and operable on the effective date of this Code are exempt from all requirements of this Code. There shall be no change in use or lamp type, or any replacement (except for same-type and same-output lamp replacement) or structural alteration made, without conforming to all applicable requirements of this Code. Further, if the property is abandoned, or if there is a change in use of the property, the provisions of this Code will apply when the abandonment ceases or the new use commences, 35 11.2 State and Federal Facilities. Compliance with the intent of this Code at all State and Federal facilities is encouraged. 11.3 Emergency Lighting. Emergency lighting, used by police, firefighting, or medical personnel, or at their direction, is exempt from all requirements of this code for as long as the emergency exists, 11.4 Swimming Pool and Fountain Lighting. Underwater lighting used for the illumination of swimming pools and fountains is exempt From the lamp type and shielding standards of Section 4.1, though it must conform to all other provisions of this code. 12 -15. Legal sections to be modified to conform to local jurisdictions Section 12. Appeals Any person substantially aggrieved by any decision of the designated official made in administration of the Code has the right and responsibilities of appeal to the Advisory/Appeats Board of this jurisdiction. Section 13. Law Governing Conflicts Where any provision of federal, state, county, township or city statutes, codes, or laws conflicts with any provision of this Code, the most restrictive shall govern unless otherwise regulated by law. Section 14. Violation and Penalty It shall be a civil infraction for any person to violate any of the provisions of this Code. Each and every day or night during which the violation continues shall constitute a separate offense. A fine shall be imposed of not less than fifty dollars nor more than seven hundred dollars for any individual or not less than 100 nor more than ten thousand dollars for any corporation, association, or other legal entity for each offense. The imposition of a fine under this Code shall not be suspended. Section 15. Severability If any of the provisions of this Code or the application thereof is held invalid, such invalidity shall not affect other provisions or applications of this Code which can be given effect, and to this end, the provisions of this Code are declared to be severable. 36 16. Definitions Definitions in a lighting code are the vocabulary of effective lighting control and to some extent quality lighting; they must be approached with the understanding of who must understand and use them. Quality lighting is a complex and evolving subject, practiced by professionals with extensive training in aspects of electrical, photometric and visual science, technology and application. Lighting codes are not intended to replace this training or the extensive professional manuals used by such designers, but instead are primarily intended for use and implementation by planning departments at city and county level. Where at all possible, reliance on technical definitions should be avoided. Though a technical definition may be more precise, precision does not help if the person using the definition does not have the training or practical background to understand and apply it. The persons who must understand and use the lighting code are planners, developers, small business owners, homeowners, engineers, and everyday citizens. Only a few of these persons have the training to understand definitions like these: Full Cutoff Light Fixture. A light fixture with a light distribution where no candela occur at or above an angle of 90 degrees above nadir. Additionally, the candela per 1000 lamp lumens does not numerically exceed 100 (10%) at a vertical angle 80 degrees above nadir. This applies to all lateral angles around the luminaire. Lumen. The luminous flux emitted within a unit solid angle (one steradian) by a point source having uniform luminous intensity of one candela. Most don't. There are ways around this kind of problem in almost all cases. For example, the Model Wisconsin Exterior Lighting Code has these definitions: Fully Shielded Light Fixtu�e. A light fixture constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal. Lumen. Unit of luminous flux; used to measure the amount of light emitted by lamps. Almost nothing is lost, but now almost all users will be able to understand the definitions. Much care has gone into creating many of the following definitions based on long experience gained with the application of real lighting codes, be careful if you modify any - the implications to and interpretations of other users must be a fully appreciated. Section 16. Definitions As used in this Code, unless the context clearly indicates otherwise, certain words and phrases used in this Code shall mean the following: 16.1 Class 1 Lighting. All exterior lighting used for, but not limited to, exterior sales or eating areas, assembly or repair areas, advertising and other signs, recreational facilities and other similar applications where COLOR RENDITION IS INIPORTANT to preserve the effectiveness of the activity. Designation of lighting as Class 1 requires a finding by the Planning Director of the essential nature of color rendition for the application. Recognized Class 1 uses are: outdoor eating and retail food or beverage service areas; outdoor maintenance areas; display lots; assembly areas such as concert or theater amphitheaters. 37 16.2 Class 2 Lighting. All exterior lighting used for, but not limited to, illumination for walkways, roadways, equipment yards, parking lots and outdoor security where General illumination for safety or security of the grounds is the primary concern. 16.3 Class 3 Lighting. Any exterior lighting used for DECORATIVE effects including, but not limited to, architectural illumination, Flag and monument lighting, and illumination of trees, bushes, etc. 16.4 Development Project. Any residential, commercial, industrial or mixed use subdivision plan or development plan which is submitted to the City for approval. 16.5 Direct Illumination. Illumination resulting from light emitted directly from a lamp or luminaire, not light diffused through translucent signs or reflected from other surfaces such as the ground or building faces. 16.6 Directly Visible. Allowing a direct line-of-sight to the light source or lamp. 16.7 Display Lot or Area. Outdoor areas where active nighttime sales activity occurs AND where accurate color perception of inerchandise by customers is required. To qualify as a display lot, one of the following specific uses must occur: automobile sales, boat sales, tractor sales, building supply sales, gardening or nursery sales, assembly lots, swap meets. Uses not on this list must be approved as display lot uses by the Planning Director. 16.8 Flood Lamp. A specific form of lamp designed to direct its output in a specific direction (a beam) but with a diffusing glass envelope: Such lamps are so designated by the manufacturers and are typically used in residential outdoor area lighting. 16.9 Footcandle. One lumen per square foot. Unit of illuminance. It is the luminous flux per unit area in the Imperial system. One footcandle equals approximately 0.1 (0,093) lux. 16.10 Full Cutoff Light Fixture. A luminaire light distribution where no light is emitted above the horizontal, and where the intensity at 80 degrees from nadir is no greater than 100 candela per 1000 lamp lumens, [This definition is not used in the Model Wisconsin Exterior Lighting Code.] 16.11 Fully Shielded Light Fixture. A lighting fixture constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal as determined by photometric test or certified by the manufacturer. Any structural part of the light fixture providing this shielding must be permanently affixed. (See Reference 16: Shielding and cutoff terminology) 38 (See Reference 17: How to recognize fully shielded fixtures) (See Reference 18: Fully shielded lights and aiming of adjustable luminaires) 16.12 Glare. The sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility. The magnitude of glare depends on such factors as the size, position, brightness of the source, and on the brightness level to which the eyes are adapted. 16.13 Installed. The attachment, or assembly fixed in place, whether or not connected to a power source, of any exterior light fixture. 16.14 Light pollution. Any adverse effect of manmade light. 16.15 Light Trespass, Light falling where it is not wanted or needed, typically across property boundaries. 16.16 Lighting Zones. The five lighting zones are defined on the Lighting Zone Map, by this reference made a part of this Code. A parcel located in more than one of the Lighting Zones described in Section 16.16.A-E shall be considered to be only in the more restrictive Lighting Zone. Guidelines used to guide the delineation of the lighting zones are: 16.16.A Lighting Zone E4. Areas of high ambient lighting levels. This Zone generally includes urban areas with primary land uses for commercial, business and industrial activity, including highway commercial and downtown districts. 16.16.B Lighting Zone E3. Areas of inedium ambient lighting levels. This Zone generally includes suburban residential areas, though neighborhood commercial or industrial parcels largely surrounded by suburban residential uses will often be included. 16.16.0 Lighting Zone E2. Areas of low ambient lighting levels. This Zone generally includes rural residential and agricultural areas, but may also include small outlying neighborhood commercial and industrial areas surrounded by rural residential areas. 16.16.D Lighting Zone El. Areas with intrinsically dark landscapes. This Zone includes all areas within fifty (50) kilometers (31 miles) of astronomical observatories and within ten (10) kilometers (6 miles) of local or national park boundaries, as well as the parks themselves. In these areas the preservation of a naturally-dark environment, both in the sky and in the visible landscape, is considered of paramount concern. This Zone may also include rural areas, including rural residential areas, that have identified preservation of natural darkness as a high priority or other areas where the preservation of a naturally dark landscape is of utmost priority. 39 16.17 Lumen. Unit of luminous flux; used to measure the amount of light emitted by lamps. 16.18 Luminaire. The complete lighting assembly, less the support assembly. For purposes of determining total light output from a luminaire, lighting assemblies which include multiple unshielded or partially shielded lamps on a single pole or standard shall be considered as a single unit, 16.19 Lux. One lumen per square meter. Unit of illuminance. It is the luminous flux per unit area in the metric system. One lux equals approximately 10 (10.8) foot candles. 16.20 Multi-class Lighting. Any exterior lighting used for more than one purpose, such as security and decoration, such that its use falls under the definition of two or more classes as defined for Class 1, 2 and 3 Lighting, 16.21 Net Acreage. The remaining area after deleting all portions for proposed and existing streets within a development parcel or subdivision. For parcels including those special uses listed in Section 6 that are exempted from the lumens per acre caps of Section 4.2 (recreational facilities and outdoor display lots), the area devoted to the special use shall also be excluded from the net acreage. 16.22 Opaque. Opaque means that a material does not transmit light from an internal illumination source. Applied to sign backgrounds, means that the area surrounding any letters or symbols on the sign either is not lighted from within, or allows no light from an internal source to shine though it. 16.23 Exterior light fixture. An outdoor illuminating device, outdoor lighting or reflective surface, lamp or similar device, permanently installed or portable, used for illumination or advertisement. Such devices shall include, but are not limited to lights used for: • Parking lot lighting; • Roadway lighting; • Buildings and structures; • Recreational areas; •Landscape lighting; • Billboards and other signs (advertising or other); • Product display area lighting; • Building overhangs and open canopies. 16.24 Exterior Light Output, Total. The maximum total amount of light, measured in lumens, from all exterior light fixtures. For lamp types that vary in their output as they age (such as high pressure sodium, fluorescent and metal halide), the initial output, as defined by the manufacturer, is the value to be considered. For determining compliance 40 with Section 4.2 [Total Exterior Light Output] of this Code, the light emitted from exterior light fixtures is to be included in the total output as follows: A. Exterior light fixtures installed on poles (such as parking lot luminaires) and light fixtures installed on the sides of buildings or other structures, when not shielded from above by the structure itself as defined in parts B, C and D below, are to be included in the total exterior light output by simply adding the initial lumen outputs of the lamps used; B. Exterior light fixtures installed under canopies, buildings (including parking garage decks), overhangs or roof eaves where all parts of the lamp or luminaire are located at least five (5) feet but less than ten (10) feet from the nearest edge of the canopy or overhang are to be included in the total exterior light output as though they produced only one-quarter (0.25) of the lamp's rated initial lumen output; C. Exterior light fixtures installed under canopies, buildings (including parking garage decks), overhangs or roof eaves where all parts of the lamp or luminaire are located at least ten (10) feet but less than thirty (30) feet from the nearest edge of the canopy or overhang are to be included in the total exterior light output as though they produced only one-tenth (0.10) of the lamp's rated initial lumen output. D. Exterior light fixtures installed under canopies, buildings (including parking garage decks), overhangs or roof eaves where all parts of the lamp or luminaire are located thirty (30) or more feet from the nearest edge of the canopy or overhang are not to be included in the total exterior light output, Such lamps must however conform to the lamp source and shielding requirements of Section 4. (See Reference 15: Further information on canopy lighting) 16.25 Outdoor Recreation Facility, An area designed for active recreation, whether publicly or privately owned, including, but not limited to, baseball diamonds, soccer and football fields, golf courses, tenriis courts and swimming pools. 16.26 Person. any individual, tenant, lessee, owner, or any commercial entity including but not limited to firm, business, partnership, joint venture or corporation. 16.27 Sign, Externally Illuminated. A sign illuminated by light sources from the outside. 16.28 Sign, Internally Illuminated. A sign illuminated by light sources enclosed entirely within the sign cabinet and not directly visible from outside the sign, 16.29 Sign, Neon. A sign including luminous gas-filled tubes formed into text, symbols or decorative elements and directly visible from outside the sign cabinet. 16.30 Sky Glow. The brightening of the night sky that results from the scattering of artificial visible radiation from the constituents of the atmosphere. m 16.31 Spot Lamp. A specific form of lamp designed to direct its output in a specific direction (a beam) and with a clear or nearly clear glass envelope: Such lamps are so designated by the manufacturers, and typically used in residential outdoor area lighting. 16.32 Temporary Lighting. Lighting which does not conform to the provisions of this Code and which will not be used for more than one thirty (30) day period within a calendar year, with one thirty (30) day extension. Temporary lighting is intended for uses which by their nature are of limited duration; for example holiday decorations, civic events, or construction projects. 16.33 Use, Abandonment of. The relinquishment of a property, or the cessation of a use or activity by the owner or tenant for a period of six months, excluding temporary or short term interruptions for the purpose of remodeling, maintaining, or otherwise improving or rearranging a facility. A use shall be deemed abandoned when such use is suspended as evidenced by the cessation of activities or conditions which constitute the principle use of the property. Code References 1: Roadway Lighting Standards In most communities, roadway lighting is specified by engineering standards. Such standards may include technical requirements such as average illuminance and uniformity, specific luminaires, mounting heights, pole spacing and location relative to roadsides, curbs or sidewalks, overhangs, lamps type and wattage, even paint or finish colors. The exemption in Section 3 is not intended to imply that roadway lighting need not be of good quality and conform to the goals of the lighting code, but the most appropriate vehicle to address such lighting is often engineering standards. If your community does not have such standards, then the exemption of Section 3.4 should be deleted. If it does have relevant engineering standards, then you must work with the engineering department to assure that the standards are consistent with the lighting code. Roadway lighting should be fully shielded, and the use of the most efficient source (LPS) should also be considered. Fixtures with minimal across-road and "house side"glare should be specified. If illumination levels are part of the standards, minimum levels consistent with safety and utility should be specified; many communities do not specify any roadway lighting in residential areas. 2: Origin of 45 Degree Limitation for Spotlights and Floodlights Forty five degrees is not based on any specific intensity distribution for such lamps, and there is such a tremendous variety of manufacturers and designs for these kinds of lights, so that a specific figure is difficult to justify based on such distribution patterns. But a 45-degree downward aim will ameliorate the glare from such lights, and it is simple to apply and verify as it is half-way between straight down and straight to the side. As written in the Model Wisconsin Exterior Lighting Code, if the output of a lamp is above 2000 lumens, it must be fully shielded; the 45-degree specification will apply to only lower-output lamps, including up to 100 watt incandescent R, ER and PAR lamps. 42 A 45-degree down-tilt will control the worst glare from floodlights. The illustrated pattern is 40/60 degrees full width at 50%/10% of peak candlepower, a typical PAR-38 floodlight pattern. 3: Discussion of 2000 lumen Shielding Split Relaxing shielding standardsfor low-output lamps increases flexibility for such lamps. This is particularly helpful for residential lighting, where well-shielded fixtures are hard to find and the obtrusive impacts may be considered minimal in many situations. The 2000 lumen figure is consistent with the lamp types listed under (See Reference 4: Examples of lamps with 2000 /umen and less). An unfortunate and unintended side-effect of this approach in lighting codes is that some users may attempt to use many low-output poorly shielded lights instead offewer high-output shielded lights, perhaps in an attempt at minimizing initial hardware costs or because of a desire to use a particular luminaire with poor optical control because of iYs aesthetic appearance. The worst consequences of this tendency (excessive glare and uplight) are mitigated by setting the lumen value of the split no higher than 2000 or 3000 lumen, and by having a strict cap on the unshielded lumens per net acre {Section 4.2). But those applying the code should be encouraged to attach real meaning to the definition of "A" in Table 4.1: "all types of fixtures allowed; shielding not required but highly recommended..." should mean that unshielded lights, even of low output, should be allowed only if shielded lighting is not practical or feasible. The goal for all general lighting (class 2) should be 100% fully shielded. 4: Examples of Lamps with 2000 lumen and Less The acceptability and shielding restrictions applicable to a particular lamp are decided by its initial lumen output, not wattage; check manufacturer's specifications. Examples of lamp rypes of 2000 lumens and below are • 100 Watt Standard Incandescent • 15 Watt Cool White Fluorescent • 15 Watt Compact Fluorescent • 18 Watt Low Pressure Sodium 5: Discussion of Lumens per Net Acre Caps Analyses of recommended lighting practices and many examples of commercial development show that the lumens per acre limits of Table 4.2 for Lighting Zones E4 and E3 (200,000 and 100,000 lumens per net acre) allow sufficient lighting for efficient and safe lighting of outdoor areas. These limits have scant impacts on typical lighting designs and practices even in large cities with higher-intensity lighting. The limits for Lighting Zone E2 (50,000 lumens per net acre) may require some adjustments to typical designs to concentrate light, but allow illuminances consistent with recommended practices for low-activity levels with efficient lighting design. The 43 limits for Lighting Zones E1 are lower than rypically used by commercial activities with even low activiry levels, and are to large degree incorripatible with commercial developrr�nt without considerable increases in the proportion of land area left unlighted on developed parcels. The approach of limiting lumens per acre is used in large part because of its simplicity of application and to avoid the wide use of technical specifications and the concomitant imposition of technical training and design complications on planning departments. A brief discussion of the implications of these caps on illumination levels is helpful to provide perspective for these unfamiliar limits and their general impacts on lighting levels. An estimate of the average lighting levels with these lumen per acre caps for large area lighting (such as parldng lots) can be obtained from the following considerations, starting with per acre raw output lumen totals: 25,000 or 50,000 or 100,000 or 200,000 lumens If the entire acre (43,560 f) needed illumination, this amount of raw initial lamp lumen output would give these average initial illuminances, assuming a Coefficient of Utilization (CU) of 0.45. (The CU describes how much of the light emitted by the lamp is directed onto the area of interest - in this case, 45%, a figure rypical for parking lots of about one acre.) 3 or 6 or 11 or 22 lux (0.3 or 0.5 or 1.0 or 2.1 foot candles) Since each parcel is allowed to use the entire nef acreage to determine the lumen allowance, and since some of the property will not require outdoor illumination (e.g. the building footprint and landscaping), the average values in the lighted areas will be higher than these figures. Light Loss Factors (LL� will dim metal halide lighting to as low as about 55% of the initial values (LLD=0.65, LDD=0.85) and 62% for high-pressure sodium (LLD=0.73, LDD=0.85), whereas low-pressure sodium will suffer a depreciation of 10% or less (LLD=1.OD, LDD> 0.90). These average illuminances for 50,000 lumens per acre and above compare favorably with IESNA recommendations for roadways, pedestrian areas and parking facilities (assuming average, minimum uniformiry ratios somewhat better than the recommended maximum), though public roadway areas and illumination systems are not included in the lumen caps or net acreage as defined in the Model �sconsin Exferior Lighfing Code. At 50,000 lumens per acre the illumination levels are comparable with IESNA recommended practice for low activiry level general parking facilities (See: IESNA RP-33) if average to minimum uniformity is 2.5:1 or better. (Codes with lumen per acre caps presently in place include: the Flagstaff and Coconino County codes, with caps at 25,000, 50,000 and a maximum 100,000 Im/acre; the Cottonwood (Arizona) lighting ordinance with a cap of 100,000 Im/acre in all areas. At this writing the Tucson/Pima County code is considering caps of 12,500 Im/acre to 250,000 Im/acre, depending on area and lighting rype.) 6: Equivalent Lumens/Acre, Lumens/Hectare and Lumens/Meter� Values If the overall lumen caps of Section 4.2 are recast in metric units, the equivalent values are shown in the table below. If persquare mefer values are used, it must be emphasized that they are not to be interpreted as lux or illuminance caps. In the U.S. parcel sizes are almost always measured in acres, so the equivalent lumens per square foot values are not offered here: if used in the lighting code they could also be misinterpreted as footcandle or illuminance caps, an approach intentionally avoided in the lumens per acne approach (See: Should a lighting code .. specify lighting levels?). The values listed are approximately equivalent- if desired more exact conversion can be obtained by multiplying lumens/acre by 2.471 to obtain lumens/hectare. Lumens/Acre Lumens/Hectare Lumens/Meter� 200,000 500,000 50 100,000 250,000 25 50,000 120,000 12 10,000 25,000 2.5 5,000 12,000 1.2 2,000 5,000 0.50 1,000 2,500 0.25 7: Origin of 5500 Lumen Minimum-Unshielded Cap. Single-family detached home residential parcels are commonly as small as 1/5 or 1/6 acre, or even smaller. Rural properties are commonly an acre or larger. For larger properties, it is appropriate to scale the lighting allowance with area, since many large parcels will have auxiliary structures such as barns, shops or other outbuildings. But per acre lumen caps appropriate for larger rural properties will give unreasonably small allowances for small suburban or urban lots; conversely, per acre caps appropriate for small lots would give huge allowances for larger properties. The approach in the Model Wisconsin Exterior Lighting Code is to apply per acre caps appropriate for larger properties, and establish minimum values that allow adequate lighting for smaller properties. The minimum is based on the following list of. lamps, which might be considered typical for exterior residential lighting: 2 60W INC porch light 2 X 855 lm = 1710 lm (Std A incandescent) 6 50W INC floodlights 6 X 590 lm = 3540 lm (GE Std Halogen PAR-38) 5250 lm The limit at 5500 lumen rounds out this figure and allows for other manufacturer's lamps. Other values are reasonable, and should be used if the community feels another inventory is more appropriate. Though there may be some concern in allowing such apparently large amounts of lighting for residential uses, remember that most residential lighting is off most of the time. If 5500 lumen were to be on all the time, it might be considered obtrusive (but again, remember the strict shielding standards in Table 4.1 References 1 and 5, Table 4.2 Reference 3, and Section 4.4), but effective ways to address these rare instances, that are not overly restrictive for the majority of users who leave most lights off most of the time, have not been discovered. Residences will be permitted more than this minimum if the per acre cap is larger, which occurs for parcels of 0.28, 0.55 or 1.1 acre (in Lighting Zones E4, and E3-E1 respectively). Though there is in principle no reason all residential lighting cannot be fully shielded, legal restrictions are often impractical, and the effort and intrusion are usually unjustified for such relatively minor light pollution impacts. It is difficult, though not impossible, to find quality shielded '� luminaires for low-output residential lighting (see the discussion underResidential Lighting). The major light pollution impact of such lighting is usually light trespass and glare, and this problem is addressed by requiring all lamps over 2000 lumen to be fully-shielded and any flood- or spotlights under 2000 lumen to be directed downward 45 degrees when visible from any neighboring property. Some communities do require that all lamps used in residential lighting must be fully shielded, no matter how low the output; these restrictions can also be imposed through CC&Rs; (Conditions, Covenants and Restrictions) and enforced by the local homeowners' association. 8: Alternative Section 4.2 with LPS Requirement The use of LPS is strongly encouraged for general illumination (class 2 lighting) in all Lighting Zones. The benefits of LPS are broad, extending beyond the usual arguments made for astronomy (See: What Types of Lamps Are Used in Exterior Lightin�) Replacing Section 4.2 in the Model �sconsin Exterior Lighting Code with the following alternative would have the effect of establishing an LPS requirement. As implemented here with the 90:10 LPS:non-LPS split, even Class 1 lighting can be effectively accomplished under this approadi. This limit comes from arguments about color perception discussed under Reference 14: LPS:Other lamp type mix for color rendition with LPS energy savings. It is not suggested to have non-LPS caps in residential areas. This is principally because the overall light usage in residential areas is low, LPS is not available in low outputs usually used in residential lighting (minimum is about 1800 lumens), and there is little selection and availability of luminaires for residential application. Alternative text for section 4.2 might read: 4.2. Total Exterior Light Output. Total exterior light output shall not exceed the limits in Table 4.2. Seasonal decorations, permitted between Thanksgiving and 15 January, are not counted toward these limits. (The values in this table are upper limits and not design goals; design goals should be the lowest levels that meet the requirements of the task.) LUMEN CAPS - INITIAL LUMENS PER NET ACRE Table 4.2 MAXIMUM TOTAL Exterior LIGHT OUTPUT STANDARDS LIGHI'ING ZONE E4 E3 E2 E1 Commercial and Industrial zoning (1) Total (shielded + unshielded, LPS + 200,000 100,000 50,000 25,00 non-LPS) Unshielded Only 10,000 10,000 4,000 2,00 Non-LPS 20,000 10,000 5,000 2,50 Residential zoning (2,3) Total (shielded + unshielded, LPS + 20,000 10,000 10,000 10,00 non-LPS) Unshielded Only 5,000 5,000 1,000 1,00 46 9: Example Applications of Section 4. The shielding standards and lumen caps of Tables 4.1 and 4.2 in the Model Wisconsin Exferior Lighfing Code are summarized here as they apply for the various land uses in the five lighting zones. The notes to the tables and other subsections of Section 4 affect details of the lighting use, some of which are not shown here. 1)Residential single-home and duplex properties (per parcel) Zone E1: • All lamps 2000 lumen or greater must be fully shielded • Any unshielded lights must be less than 2000 lumen each and must not be directly visible from any other residential property Maximum Lumens: 10,000 Im/AC or 5,500 Im (whichever is greater), all lights, including up to 1,000 Im/AC or 5,500 Im (whichever is greater), unshielded Zone E2: • All lamps 2000 Im or greater must be fully shielded • Any unshielded lights must be less than 2000 lumen each and must not be directly visible from any other residential property Maximum Lumens: 10,000 Im/AC or 5,500 Im (whichever is greater), all lights, including up to 1,000 Im/AC or 5,500 Im (whichever is greater), unshielded Zone E3: • All lamps 2000 lumen or greater must be fully shielded • Any unshielded lights must be less than 2000 lumen each; any flood or spot lights must be aimed no higher than 45 degrees from straight down Maximum Lumens: 10,000 Im/AC or 5,500 Im (whichever is greater), all lights, including up to 5,000 Im/AC or 5,500 Im (whichever is greater), unshielded Zone E4: • All lamps 2000 lumen or greater must be fully shielded • Any unshielded lights must be less than 2000 lumen each; any flood or spot lights must be aimed no higher than 45 degrees from straight down. Maximum Lumens: 20,000 Im/AC or 5,500 Im (whichever is greater), all lights, including up to 5,000 Im/AC or 5,500 Im (whichever is greater), unshielded 2) Multiple Family, Commercial and Industrial (per parcel) Zone E1: • Class 1: all types and outputs permitted, fully shielded • Class 2: all types and outputs permitted, fully shielded • Class 3: all types under 2000 Im permitted, fully shielded Maximum Lumens: 25,000 Im/AC, all lights, including up to 2,000 Im/AC, unshielded lights 47 Zone E2: • Class 1: all rypes and outputs permitted; over 2000 lumen must be fully shielded, under 2000 lumen no shielding restriction except all spot and flood lamps must be aimed no higher than 45 degrees from straight down • Class 2: all types and outputs permitted; over 2000 lumen must be fully shielded, under 2000 lumen no shielding restriction except all spot and Ilood lamps must be aimed no higher than 45 degrees from straight down • Class 3: all types under 2000 lumen permitted, fully shielded Maximum Lumens: 50,000 Im/AC, all lights, including up to 4,000 Im/AC, unshielded lights Zone E3: • Class 1: all types and outputs permitted; over 2000 lumen must be fully shielded, under 2000 lumen no shielding restriction except all spot and flood lamps must be aimed no higher than 45 degrees from straight down • Class 2: all types and outputs permitted; over 2000 lumen must be fully shielded, under 2000 lumen no shielding restriction except all spot and flood lamps must be aimed no higher than 45 degrees from straight down • Class 3: all types and outputs permitted; over 2000 lumen must be fully shielded, under 2000 lumen no shielding restriction except all spot and flood lamps must be aimed no higher than 45 degrees from straight down Maximum Lumens: 100,000 Im/AC, all lights, including up to 10,000 Im/AC, unshielded lights Zone E4: • Class 1: all types and outputs permtted; over 2000 lumen must be fully shielded, under 2000 lumen no shielding restriction except all spot and flood lamps must be aimed no higher than 45 degrees from straight down • Class 2: all types and outputs permitted; over 2000 lumen must be fully shielded, under 2000 lumen no shielding restriction except all spot and flood lamps must be aimed no higher than 45 degrees from straight down • Class 3: all types and outputs permitted; over 2000 lumen must be fully shielded, under 2000 lumen no shielding restriction except all spot and flood lamps must be aimed no higher than 45 degrees from straight down Maximum Lumens: 200,000 Im/AC, all lights, including up to 10,000 Im/AC, unshielded lights 10: Discussion of Internally Illuminated Sign Colors Codes which simply prohibit signs with "white backgrounds" have encountered trouble with designers asking if a very slight tint of yellow, cream or other nearly-white color will be allowed. The intention is to encourage the approach where the information on the sign (text and logos) is the more brightly illuminated portion, which leads to better legibility and effectiveness with decreased light outputs. Standards for colored backgrounds that are not "white, off-white, cream or yellov�!' should encourage this understanding. 48 11: Off-site Sign Illumination Some jurisdictions prohibit the lighting of signs that are not located on the same parcel as the advertised business. Alternative text for section 5 might read: 5.1 External illumination for on-site signs (signs located on the same parcel as the business they are advertising or providing information for) shall conform to all provisions of this Code. In particular, such lighting shall be treated as Class 1 lighting and shall conform to the lamp source, shielding restrictions and lumen caps of Section 4. 5.2 Illumination of off-site advertising signs (signs located on a different parcel than the business they are advertising or providing information for) is prohibited in all lighting zones. A further alternative 5.2 might allow such sign lighting only in the brighter urban districts: 5.2 Illumination of off-site advertising signs is prohibited in Lighting zones E1 and E2. External illumination for such signs in Lighting Zones E3 and E4 shall be included toward any applicable limits in Table 4.2 for the parcel on which they are actually located. 12: Sign Styles with Less Impact On average, colored-bacl�qround signs have from 25% to 50% the total light output of white- or light-background signs; opaque background signs have outputs from 5% to 50% of a white-background sign (See the discussion under Section 5 Overview ). Though the Model Wisconsin ExteriorLighfing Code takes a middle approach (prohbiting only light-background signs), requiring sign sryles with lower outputs should be considered, either communiry-wide or in the darker lighting zones (E2 and E1). Opaque-background signs not only produce the least light pollution (usually by a wide margin), they are also usually the most legible and therefore most effective for conveying information. Another approach is to require low-output sryles (for example opaque background) for signs advertising businesses that are open all night (such as motels, hotels, service stations, etc), or after a particular time of night (such as midnight). A subsection implementing this latter approach might read: 5.x Internally illuminated signs on after midnight shall be designed with opaque backgrounds and translucent letters and symbols. No colored-background or white-background internally illuminated signs are to be illuminated after midnight. Lighting used inside internallyilluminated sign cabinets is not included toward any applicable lumen caps, since the actual amount of light that escapes the sign is variable over a tremendous range (from a percent or less of the lamp lumens to 50% or more, if white-background styles are considered). To fairly include the actual outputs with such variation would require an difficult and complex evaluation of the sign materials and details of the sign construction. A simpler and still effective approach is to require lower output styles (such as colored or opaque backgrounds) and limitations on sign numbers and sizes specified in the local sign code. 13: Lumen Cap Exemption For Display Lots Display lots are exempted from the lumen caps, since the illumination goals for such lots may be difficult to accommodate under the caps. But at 100,000 lumens per acre and above, lighting for display lots could reach the lower IESNA recommended average illuminance (50 lux or 5 footcandles) relatively easily for substantial portions (20-30% or more) of a parcel, and therefore an exemption may not be necessary if such proportions are judged sufficient. The feasibiliry of this approach for a given communiry must be judged on the feasibility of limiting the proportion of a parcel illuminated as a display lot - some car 49 dealerships, for example, illuminate virtually the entire parcel as a display lot, while others brightly illuminate only the front "display' row adjacent to the parcel frontage. At lower lumens per acre caps the design implications of removing the lumen cap exemption are more severe, meaning that proportionatey smaller portions of a parcel could reach the IESNA recommended illuminance or that lower illuminances could be used. Lower illuminances are certainly adequate for safety and good visibility of displayed items. 14: LPS:Other Lamp Type Mix for Color Rendition with LPS Energy Savings Though service station canopy lighting could be principally LPS (color perception usually is not regarded as neoessary to pump gasoline), very good color rendition can be obtained with a small amount of broad-spectrum lighting such as fluorescent. Studies have shown (See: Boynton and Pur1, Lighting Research and Technology, 21:23, 1989) that as little as 10% white light added to LPS light permits nearly normal color perception. This is supported by experience in the Tucson and Flagstaff areas, where LPS lighting is extensively used, and where some luminaires combining both LPS and fluorescent lamps have been used. In fact, for most service stations and especially service station / convenience store combinations, white light from auxiliary lighting under the canopy (for example pump banners) or spill light from the store front would usually provide enough white light for quite adequate color perception. Otherwise, if spill light from other sources is insufficient, a few (fully shielded) fluorescent fixtures can be added to the canopy to provide good color perception. If a typical canopy of 55 x 55 feet uses 120,000 lumens total, a 90:10 mix would be obtained by using eight 90-watt LPS lamps (13,500 lumens each) and four 39-watt F48T12/CW cool-white fluorescent lamps (3000 initial lumens each). Such a mixed-light system would retain most of the energy advantage of LPS, and provide good color perception too. A pure metal halide system producing, 120,000 maintained lumens, would require about 2.4 kW. A pure LPS system could provide the same maintained lumen level for about 1.1 kW. A 90% LPS:10% fluorescent system would use about 1.4 kW. The mixed system uses just over half the energy the pure metal halide system needs. Over one year this would amount to about 2,000 kWh or about $150 in electrical cost savings alone (assuming half night operation). 15: Further Information on Canopy Lighting Service station canopies are the most conspicuous and common type of canopy, but other canopies are seen for example covering the entrance area and adjacent driveway at hotel or motel entrances. Since these canopies are generally not such a large proportion of a parcel's net acreage as is seen for service stations, they will generally fit easily under the overall lumens per net acre caps of Section 4.1, especially considering the "canopy factors" described in Section 16.23.0 and D. Two International DarkSky Association information sheets discuss issues related to service station canopy lighting: IDA Information Sheet #150: Uplight Impacts of Canopy Lighting, describes how the position of a fully shielded luminaire under a canopy affects how much light gets into the sky after reflection off the ground. 50 IDA Information Sheet #151: A Solution to Canopy Over-lighting describes lumens per square foot caps for canopies that limit under-canopy illuminances to 5 and 10 footcandles maintained, values recommended by the IESNA. Note that the acreage devoted to special uses that are exempted from the lumens per acre caps of Section 4.2 (athletic fields and display lots) are not included in a parcel's net acreage; acreage for non-exempt special uses (service station canopies) are included in the net acreage. This is a practical issue of both the intensity required (for athletic fields) and the proportion of the parcel usually covered by the special use, since athletic fields and display lots are often a large portion of the parcel, while service station canopies are not. 16: Shielding and Cutoff Terminology There is much confusion surrounding terms used to describe the way luminaires restrict the light emanating from the lamps contained within. Good lighting advocates must learn the minimal set of definitions and endeavor to be careful in usage of the terms. Be careful how you use words to describe shielding. "Shield" is a commonly used term in English, and in common speech and even in luminaire manufacturers' literature anything that blocks any of the light coming from the lamp can be called a shield. But in lighting codes we mean something much more specific when we use the term "fully shielded." So be careful to always say "fully shielded" when you mean that there is no uplight. Not "shielded", not "cutoff°, not even "full cutoff°. These all have either less-specific or more specific meanings, and using them carelessly only leads to more confusion. There are two terms used to describe luminaires or lamps that have no shielding, allowing light to shine unrestricted in all directions: unshielded and non-cutoff. Neither term specifies the intensity distribution in any further detail. Post-top globes, with more than 50% uplight, barnyard ("NEMA") lights with perhaps 30% uplight, most porch lights, many drop-refractor "cobra head" streetlight luminaires - all are unshielded or non-cutoff. Some have a greater uplight fraction than others. The next case of interest, where there is some but not complete restriction of upward emanations, has three terms and three separate definitions, one using the word shielded and two using cutoff: Partially Shielded: shielded in such a manner that more than zero but less than ten percent of the light emitted directly from the lamp or indirectly from the fixture is projected at angles above the horizontal. Semi-cutoff: Intensity at 80 degrees from nadir does not exceed 200 candela per 1000 lamp lumens, nor at 90 degrees from nadir does intensity exceed 50 candela per 1000 lamp lumens. Cutoff: intensity at 80 degrees from nadir does not exceed 100 candela per 1000 lamp lumens, nor at 90 degrees from nadir does intensity exceed 25 candela per 1000 lamp lumens. This is where lighting codes and the professional lighting specifications diverge: lighting professionals have reason to address in detail how the light intensity is distributed as it exits the luminaire. But for lighting codes, we are much less concerned. Further, lighting professionals have the training to understand and use the "candela per 1000 lamp lumens" specifications. People administering light codes do not. 51 Moving on to the case where uplight is completely eliminated, we have the following terms: Fully-Shielded: constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal. Full-Cutoff: A luminaire light distribution where no candlepow�er occurs at or above an angle of 90 degrees from nadir. Additionally, the candela per 1000 lamp lumens does not numerically exceed 100 at a vertical angle of 80 degrees above nadir. This applies to all lateral angles around the luminaire. The candlepower per 1000 lamp lumen restrictions at specific angles are important metrics for directly addressing issues of glare. But since the terms require both detailed photometric information and technical e�ertise to evaluate, in the venue of lighting codes and their implementation using them will make the code difficult to implement and enforce. The Model Wisconsin Exterior lighting Code recommends that lighting codes use the term fully shielded as defined above and in Section 16. Simple elimination of uplight, conforming to the definition of fully shielded but no further, has been found to give quite good results, certainly for uplight elimination, but even in the reduction of glare. Though the term is somewhat less restrictive than full cutoff, it has practical advantages. You can almost always tell if a luminaire is fully shielded, just by looking at the luminaire as it is installed or at a picture of how it is meant to be installed. This is a great advantage for the administration of a lighting code. You cannot tell by looking if a luminaire is Semi-cutoff, cutoff, or full cutoff. For this you must obtain, and be able to evaluate, reliable technical photometric specifications. 17: How to Recognize Fully-Shielded Fixtures Yes Fully Shielded Luminaire Fully shielded fixtures are technically or photometrically defined as lights that emit no light above the horizontal plane, but in practice such fixtures are usuallyeasily recognizable from catalog drawings or pictures without requiring or interpreting photometric specifications. Such fixtures almost always have a flat, horizontally oriented lens and opaque (usually metal) sides. They are often described as "shoe box" luminaires if the luminaire has a predominantly rectangular form, but they come in many shapes and sizes. There is nothing mysterious about a shielded luminaire - if you can see the lamp or any optical part (a reflector, prismatic lens or even a clear non-prismatic lens) from the side of the luminaire (or any angle above), it is almost certainly not fully shielded. Beware of some fixtures that either have reflecting surfaces located below the lamp and visible from the side or above, and fixtures that can be mounted such that the shielding is ineffective (See above: Swivelled Luminaires (Floodlights)). Also beware of claims for shielding based on the appearance of the word "shield" "shielded", "cutoff° or similar in the description if the luminaire does not also look obviously fully shielded as described here or as in figures illustrated in IDA Information Sheet #143. The use of the "fully shielded" standard in lighting codes is strongly recommended for the very reason that it is almost always verifiable simply from an examination of an illustration or the luminaire itself. Rarely, photometric information may be necessary, especially if a catalog illustration is not available or if the illustration looks questionable. Interpretation of technical G7►•l photometric data is complicated and requires some training. There are also occasional problems with the completeness and accuracy of photometric data, and recogniang that this might be the case with submitted information is also difficult. Consultation with a lighting advisory group may be helpful (See: Ongoing Education in Exterior Lighting), or other outside technical expertise may be used. The difficulty, time and possible expense invoNed for such evaluations is one of the principle reasons lighting codes should be written to avoid technical specification if at all possible (for further discussions of this issue (See: Reference 16: Shielding and cutoff terminology, and Should a Lighting Code Specify Lighting Levels?). See also: Reference 18: Fully shielded lights and aiming of adjustable luminaires. 18: Fully Shielded Lights and Aiming of Adjustable Luminaires Aimable luminaires - though we specify particular designs as shielded, it is clear that such lights must be properly aimed to maintain the shielding characteristics. Even the best fully-shielded design, if aimed sideways, will become a terrible glare source and a terrible light. Thus there is emphasis in the pattern on "installed and maintained such that the shielding is effective". Both elements - a fully shielded design and proper aiming - are essential. (See : Practical Issues and Problem Areas for Lighting Codes) �.' � ��� � Glossary of Lighting Terms CU - Coefficient of Utilization. A factor (between 0.0 and 1.0) that describes the fraction of the total lamp lumens that strike the area to be illuminated (the "work plane"). For a roadway, the work plane is the traveled roadway surface and perhaps the shoulder, but not the areas beyond the sides of the road or the median, if present. HID - High Intensity Discharge (Lamp). An electric discharge lamp in which the light producing arc is stabilized by the arc tube wall temperature, and the arc tube has a bulb wall loading in excess of three watts per square centimeter. HID lamps include mercury vapor, metal halide, and high-pressure sodium. LLF - Light Loss Factor. Factor (between 0.0 and 1.0) describing light output of a luminaire after losses due to dirt accumulation and lamp lumen depreciation, relative to the output when the lamp and luminaire are new. LLF = LDD x LLD LDD - Luminaire Dirt Depreciation. Factor (between 0.0 and 1.0) used to describe how much light produced by the lamp is not lost to dirt accumulation and other changes in the optical characteristics of the luminaire, relative to the value when the luminaire is new. Depends on the quality of the luminaire, materials used, maintenance, environment. LLD - Lamp Lumen Depreaation. Factor (between 0.0 and 1.0) used to describe how the lamp output changes with time compared to the initial output. Depends principally on lamp type. 54 Sources of Additional Informa�tion The Model �sconsin Exterior Lighting Code has been adapted from the International DarkSky Association U.S.A. Pattern lighting Code, which relies heavily on four extant lighting codes as principle sources: the 1994 Revised Tucson and Pima Counry (AZ) Outdoor Lighting Control Ordinances (see IDA Information Sheet 91) and the 1999 Revised Flagstaff (AZ) Outdoor Lighting Ordinance (See: IDA Information Sheet 94) with its Coconino counry counterpart in Chapter 17 of the Coconino Counry Zoning Ordinance. These codes are presently in their third and fourth revisions, the Tucson Code having been first adopted in 1973, and updated in 1986 and 1994 with another pending revision as this Handbook is written. The Flagstaff Code was first adopted in 1973, and also has been updated in 1989, 1991 and 1999, while the Coconino County Lighting Ordinance was first adopted also in 1973, and updated in 1989 and 1998. These codes have a track record to help establish what does and does not work, and have pioneered most of the approaches to lighting control detailed here. They have served as de facto pattem lighting codes for many years. Any communiry should carefully review these codes, as they show examples of approaches, some more strict, some less strict, than the Model �sconsin Exterior Lighting Code Further extensive reference has been made of the professional lighting literature and technical specifications. The Illuminating Engineering Sociery of North America (IESNA) (See: IDA Information Sheet 4� is a professional sociery of lighting users, designers and manufacturers whose purpose is to establish scientific lighting recommendations and to disseminate this information to all interested parties. IYs recommendations are promulgated through the IESNA Lighting Handbook, now in its 10th edition (1999), and in IESNA Recommended Practices (RP). The I ESNA RP-33-99 Recommended Practice for Lighting for Exterior Environments (See: IDA Information Sheet 152), published in 1999, contains extensive discussions on the issues related to exterior lighting and control of its obtrusive aspects, as well as a professional lighting designer's perspective on essential characteristics of exterior lighting codes. The work of the International Commission on Illumination (Commission Intemationale de 1'Eclairage or CIE; see also IDA Informaiion Sheei 48) serves as background for much of lighting and visual science. The CIE is an international body devoted to cooperation and exchange of information among its member countries on all matters relating to the science and art of lighting. The CIE has promulgated concepts and knowledge essential to lighting and visual science, including the CIE photopic and scotopic sensitivity curves which characterize the spectral sensitiviry of the human eye under light- and dark-adapted conditions. An especially useful concept developed by the CIE, used here in the Model �sconsin Exterior Lighting Code are Lighting Zones. These zones are used to provide a context for different lighting situations, and are used in the Model Wisconsin ExteriorLighting Code to define differing levels of control to minimize obtrusive aspects of lighting. Finally, the International Dark-Sky Association (IDA) (and the information concerning a wide variety of lighting issues contained on the International DarkSky Association website www.darksky.org/ida) is behind much of the light pollution control and education effort in the past ten years. International DarkSky Association is a non-profit, membership-based organization whose goal is to stop the adverse environmental impact of light pollution through education about the value and effectiveness of qualiry nighttime lighting and about the solutions to the problems. The efforts of this organization and its members have had a tremendous effect, among communities and professional lighting workers alike, on the perception of the aesthetics of the night and the awareness of how lighting practices can enhance or detract from our nighttime environment and activities. 55 IESNA: The Illuminating Engineering Society of North America provides recommended design standards for the lighting profession: IESNA 120 Wall Street, 17`h Floor New York, NY 10005-4001 212/248-5000 www.iesna.orq IDA: As the central clearinghouse for information on light pollution The International Dark- Sky Association has compiled a web-based resource of exterior lighting information and model ordinances from around the country: I DA 3225 North First Ave. Tucson, AZ 85719 520/293-3198 www.darkskV.orq SHWEC: The UW-Extension assists communities and businesses to save energy while irriproving the quality of their exterior lighting. Educational programs and model lighting code language are available from: The Solid and Hazardous Waste Education Center. 610 Langdon Street, Room 528 Madison, WI 53703-1195 608/262-0385 References The Lighting Handbook 9th Ed., 2000, Illuminating Engineering Society of North America Outdoor Lighting Manual for Vermont Municipalities, 1996, Chittenden RPC The Outdoor Lighting Pattern Book, Leslie & Rodgers,1996, McGraw Hill Surveillance of Public Space, Painter & Tilley, 1999, Criminal Justice Press F�', Sources of Exterior Ligh�ting Equipment (This is not a complete list of manufacturers, or a product endorsement) ABOLITE: 10000 Alliance Road; Cincinnati, OH 45242 (513/793-8875) COOPER LIGHTING: 5035 Highway 61S, Vicksburg, MS 39180 (601/638-1522) GENLYTE P.O. Box 129; Union, NJ 07083 (908/964-7000) GENERAL ELECTRIC: Hendersonville, NC 28739 (800/626-2000) GU"fH I_IGHI"ING: 2615 Washington Blvd.; St. Louis, MO 63103 (314/33-3200) HADCO: P.O. Box 128; Littlestown, PA 17340 (717/359-7131) HUBBELL LIGHTING: 2000 Electric Way; Christiansburg, VA 24073 (703/382-6111) KIM LIGHTING: P.O. Box 1275; City of Industry, CA 91749 (818/968-5666) LUMINAIRE TECHNOLOGIES, INC.: 212 West Main St.; Gibsonville, NC 27249 (910/449-6310) MUSCO SPORTS LIGHTING INC.: 2961 N. 73r0 St., Milwaukee, WI 53210 (414/257-3990) PEMCO LIGHTING PRODUCTS: 150 Pemco Way; Wilmington, DE 19804 (302/892-9003) RUUD I_IGHI"ING: 9201 Washington Ave.; Racine, WI 53406 (414-886-1900) SOFT LIGHTING SYSTEMS:1840 - 130th Ave. N.E. #15 Bellevue, WA 98005-2228 (888/789-7638) SPERO I_IGH"fING: 1705 Noble Rd.; Cleveland, OH 44112 (216-851-3300) STONCO: P.O. Box 129; Union, NJ 07605 (908-964-7000) THOMAS & BETTS LIGHTING DIV.: 1555 Lynnfield Rd.; Memphis, TN 38119 (901/682-7766) THOMAS OUTDOOR LIGHTING: 2661 Alvarado St.; San Leandro, CA (510/357-6900) VOIGHT LIGHTING: 135 Fort Lee Rd.; Leonia, NJ 07605 (201-461-2493) WESTERFIELD: 770 Gateway Center Dr.; San Diego, CA 92102 (619-263-6672) 57 Appendix A. Sample SMoreland LigMting Ordinance Lake and homeowner associations, municipalities, counties or states that wish to regulate shoreline lighting can take several approaches. Here is an example from the Oneida County Wisconsin zoning code that focuses specifically on pier lighting: Regulation of Lightinc� The purpose of this section is to minimize light pollution of the shore land environment without significantly inhibiting safety and security. This section applies to all lighting on berthing structures or designed to illuminate those structures associated with berths. Light fixtures which do not conform to these provisions may be allowed with a conditional use permit upon a showing of special circumstances affecting safety, security, or general public interest. Non-conforming lighting in existence on the effective date of this section must be brought into compliance within five (5) years. 1. Flashing and rotating lights are prohibited. 2. Lighting inside a boathouse and intended to illuminate its interior is permitted, 3. I_ighting on exteriors of berthing structures shall be fitted with opaque shields to prevent direct visibility of the lamp to persons on public waters or adjacent lands more than 50 feet beyond the berthing structure. 4. Lighting not mounted on a berthing structure but designed to illuminate a berthing structure or its immediate vicinity shall comply with subparagraph 3 above. 5. Lighting installed on, or intended to illuminate, seasonally-used berthing structures shall be turned off when not required for safety or security. 6. Public marinas may install illuminated signs with opaque shaded or shielded lighting that provide information pertaining to applicable federal state or municipal rules and regulations relating to electrical, fueling, waste and sewage disposal or other safety and environmental matters. Such sign illumination shall not be visible off the berth structure 58 Appendix B. Nuisance Violations Many jurisdictions may be with formal powers to enact code language based on planning and zoning ordinances, or building codes. In these cases a nuisance ordinance can be adopted to control poor quality exterior lighting. The following ordinance was adopted by the Town of Koshkonong (Jefferson County). 'fITLE 11 OFFENSES AND NUISANCES CHAPTER 6 PUBI_IC NUISANCES SEC.11-6-8 OUTDOOR LIGHTING ORDINANCE (a) Purpose and Intent. (1) It is the intent of this Section 11-6-8 (herein the "Ordinance") to define practical and effective measures by which the obtrusive aspects of excessive and/or careless outdoor light usage cari be minimized, while preserving safety, security and the nighttime use and enjoyment of property. These measures will reasonably curtail the degradation of the nighttime visual environment by encouraging lighting practices that direct appropriate amounts of light where and when it is needed, increasing the use of energy-efficient sources, and decreasing the wastage of light, sky glow, and glare resulting from over-lighting and poorly shielded or inappropriately directed lighting fixtures. (2) In adopting this Ordinance, credit is hereby given to the International DarkSky Association for its assistance in providing valuable information and guidance. (b) Conformance with Applicable Codes. All outdoor illuminating devices shall be installed and maintained in conformance with the provisions of this Ordinance, the Town of Koshkonong Building Code, the Electrical Code, and the Sign Code of the jurisdictions as applicable and under appropriate permit and mspection. (c) Applicability. (1) New Uses, Buildings and Major Additions or Modifications. For all proposed new land uses, developments, buildings, and structures that require a building permit or other authorization from the Town, all outdoor lighting fixtures shall meet the requirements of this Ordinance. All building additions or modifications of twenty (25) percent or more in terms of additional dwelling units, gross floor area, or parking spaces, either with a single addition or with cumulative additions subsequent to the effective date of this provision, shall be subject to the requirements of this Ordinance for the entire property, including previously installed and any new outdoor lighting. 59 (2) Existing Uses. Existing uses shall be exempted from the provisions of this Ordinance in the circumstances as described in Sec. 11-6-8(h) below. Existing uses and lighting which substantially deviate from the Purpose and Intent set forth above, and which are brought to the attention of the Town Board by an aggrieved party, may constitute a public nuisance under Sec.11-6-2(a) above, and subject to abatement or other relief. (3) Resumption of Use after Abandonment. If a property or use with non-conforming lighting is abandoned as defined below, then all outdoor lighting shall be reviewed and brought into compliance with this Ordinance before any use is resumed. (4) Roadways. Lighting for public roadways is exempt from the provisions of this Ordinance. (d) Definitions. As used in this Ordinance unless the context clearly indicates otherwise, certain words and phrases shall mean the following: (1) Development project. Any residential, commercial, industrial or mixed use subdivision plan of development plan which is submitted to the Town for approval. (2) Diffuse. To spread or scatter widely, or thinly. (3) Direct illumination. Illumination resulting from light emitted directly from a lamp or luminaire, not light diffused through translucent signs or reflected from other surfaces such as the ground or building surfaces. (4) Fully Shielded Light Fixture. A lighting fixture constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal as determined by a photometric test or certified by the manufacturer. Any structural part of the light fixture providing this shielding must be permanently a ffixed. (5) Glare. The sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes have adapted to cause annoyance, discomfort, or loss in visual performance and visibility. The magnitude of glare depends on such factors as the size, position, brightness of the source, and on the brightness level to which the eyes have become adapted. �1 (6) Installed. The attachment, or assembly fixed in place, whether or not connected to a power source, of any outdoor light fixture. (7) Light Pollution. Any adverse effect of manmade light. (8) Light Trespass. Light from an outdoor luminaire falling on an adjacent property as observed at four (4) feet above ground at the property line. (9) Lumen per Acre Cap, The upper limit, or most light allowed. Lower lighting levels are encouraged. (10) Luminaire. The complete lighting assembly, less the support asserribly. (11) Outdoor Light Fixture. An outdoor illuminating device, outdoor lighting or reflective surface, lamp or similar device, permanently installed or portable, used for illumination or advertisement. Such devices shall include, but are not limited to lights used for: Parking lot lighting; Buildings and structures; Recreational areas; Landscape lighting; Billboards and other signs (advertising or other); Product display area lighting; Illuminating building overhangs and open canopies. (12) Outdoor Recreation Facility, An area designed for active recreation, whether publicly or privately owned, including, but not limited to, baseball diamonds, soccer and football fields, golf courses, tennis courts and swimming pools, (13) Person. Any individual, tenant, lessee, owner, or any commercial entity including but not limited to firm, business, partnership, joint venture, corporation, or limited liability company, (14) Sign, Externally Illuminated. A sign illuminated by light sources from outside the sign surface. (15) Sign, Internally Illuminated. A sign illuminated by light sources enclosed entirely within the sign cabinet and not directly visible from outside the sign. (16) Sign, Neon, A sign including luminous gas-filled tubes formed into text, symbols or decorative elements and directly visible from the outside of the sign cabinet. m (17) Sky Glow. The brightening of the night sky that results from the scattering of artificial visible radiation by the constituents of the atmosphere. (18) Temporary Lighting. Lighting which does not conform to the provisions of this Ordinance and which will not be used for more than one consecutive thirty day period within a calendar year, with one consecutive thirty-day extension. Temporary lighting is intended for uses which by their nature are of a limited duration; for example holiday lighting decorations, civic events, or construction projects. (19) Translucent, Permitting light to pass through but diffusing it so that persons, objects, etc., on the opposite side are not clearly visible. (20) Use, Abandonment of. The relinquishment of a property, or the cessation of a use or activity by the owner or tenant for a continuous period of twelve months, excluding temporary or short term interruptions for the purpose of remodeling, maintaining or rearranging a facility. A use shall be deemed abandoned when such use is suspended as evidenced by the cessation of activities or conditions which constitute the principal use of the property. (e) Shielding and Outdoor Lighting Standards. The following lighting standards are hereby imposed: (1) All nonexempt outdoor lighting fixtures shall be fully shielded. (2) All nonexempt outdoor lighting fixtures shall be placed so as to not cause light trespass, or light glare. (3) All nonexempt outdoor lighting fixtures shall be of a type and placed so as to not allow any light above the horizontal, as measured at the luminaire. (4) All light fixtures that are required to be shielded shall be installed and maintained in such a manner that the shielding is effective as described in Section 11-6-8(d)(4) for fully shielded fixtures, (5) Residential, and all other uses except commercial or business shall not exceed 5500 lumens per acre. Commercial or business zoned uses shall not exceed 70,000 lumens per property. (f) Outdoor Advertising Signs. External illumination for signs shall conform to all provisions of this Ordinance. All upward directed lighting is prohibited. 62 (g) Special Uses. (1) Recreational facilities. Lighting for outdoor athletic fields, courts or tracks shall conform to the provisions of this Ordinance, except that they are exempted. Field lighting for these facilities shall be turned off within one-half hour after the last game or event of the night. (2) Temporary Exemptions. Any person may request of the Town Board of the Town a temporary exemption from the provisions of this Ordinance. (h) Exemptions. (1) Nonconformance. For any lighting in existence as of the effective date of this Ordinance is subject to the following; (i) Bottom-mounted or unshielded outdoor advertising sign lighting shall not be used beginning five years after enactment of this Ordinance. (ii) All other outdoor light fixtures lawfully installed prior to and operable on the effective date of this Ordinance are exempt from all requirements of this Ordinance. There shall be no change in use or lamp type, or any replacement (except for same-type and same-output lamp replacement), or structural alteration made, without conforming to all applicable requirements of this Ordinance. Further, if the property is abandoned, or if there is a change in use of the property, the provisions of this Ordinance will apply when the abandonment ceases or the new use commences. (2) State and Federal Facilities. Compliance with the intent of this Ordinance at all State and Federal Facilities is encouraged, but is not mandatory. (3) Emergency Lighting. Emergency lighting, used by police, firefighting, or medical personnel, or at their direction, is exempt from all requirements of this Ordinance as long as the emergency exists. (4) Swimming Pool and Fountain Lighting. Underwater lighting used for the illumination of swimming pools and fountains is exempt from the lamp type and shielding standards, though it must conform to all other provisions of this Ordinance. 63 (5) Residential Fixtures. Outdoor light fixtures attached to residential buildings and located below the eave and less than 2000 lumens are exempt from the provisions of this Ordinance. Light fixtures 2000 lumens and over are not exempt. Outdoor fixtures above the eave, or attached to buildings or poles separate from the residence are not exempt. Spot or flood lights shall be fully shielded and directed no more than 45 degrees above straight down. Examples of lamps with 2000 Lumens and Less The acceptability and shielding restrictions applicable to a particular lamp are decided by its initial lumen output, not wattage; check manufacturer's specifications. Examples of larrip types of 2000 lumens and less are: 100 Watt Standard Incandescent 15 Watt Cool White Fluorescent 15 Watt Compact Fluorescent 18 Watt Low Pressure Sodium (6) Flags, Lighted, United States, and State of Wisconsin flags are exempt from the provisions of this Ordinance. All other outdoor lighted flags, such as, but not limited to, decorative and commercial flags shall conform to the provisions of this Ordinance. (7) Holiday lighting is exempt from the provisions of this Ordinance from the day before Thanksgiving until January 30 of the following year. (8) Internally illuminated and neon lighted outdoor signs are exempt from the provisions of this Ordinance. (9) Laser and search lights are exempt from the provisions of this Ordinance when used for temporary purposes of not more than five (5) consecutive days in a six-month period. This restriction shall apply to either the same person or same property. (10) Towers. Legally required safety lighting for towers shall be exempt from this Ordinance. (11) Airfields and Airports. These facilities, both commercial and noncommercial, shall be exempt from the provisions of this Ordinance where lighting is used for air safety reasons. All other lighting shall conform to this Ordinance. (i) Special Considerations, When an existing light would be in violation of this Ordinance, but is exempted, the exemption may be withdrawn if the Town Board finds the lighting to be: .� (i) Substantially aggravating or constitutes a nuisance to affected properties; or (ii) The lighting serves no useful purpose, upon finding of the Town Board. (j) Appeals. Any person substantially aggrieved by any decision of the designated official made in administration of this Ordinance has the right and responsibilities of appeal to the Town Board. (k) Law Governing Conflicts. Where any provision of federal, state, county, township, or city statutes, codes, or laws conflict with any provision of this Ordinance, the more restrictive shall govern unless otherwise regulated by law. (I) Violation and Penalty. It shall be a civil infraction for any person to violate any of the provisions of this Ordinance. Each and every day or night during which the violation continues shall constitute a separate offense. A fine shall be imposed of not less than fifty dollars nor more than seven hundred dollars for any individual or not less than 100 dollars nor more than ten thousand dollars for any corporation, association, or other legal entity for each offense. The imposition of a fine under this Ordinance shall not be suspended. (m) Severability. If any of the provisions of this Ordinance or the application thereof are held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect, and to this end, the provisions of this Ordinance are declared to be severable. (n) Effective Date. This Section 11-6-8 shall become effective as of August 10, 2001. Koshkonong Outreach Brochure - The following brochure was written to educate the citizens of the Town Koshkonong about their new lighting ordinance and the basic principles of sensible exterior lighting: � ° Lighting Improvement Ordinance Framework Attachment D FRAMEWORK FOR OUTDOOR LIGHTING IMPROVEM�NT ORDINANCES Here are suggestions for the components of a comprehensive outdoor lighting ordinance. All ordinances should address misdirection of light and glare, excessive brightness of light, and the indiscriminate all-night usage of light. These are the causes of dangerous and annoying glare, light trespass, and the unnatural brightening of the night sky. Excessive brightness can be limited by alternate methods. The simplest method is to limit the number of lumens allowed in a given area of land, such as an acre. A lumen is a unit of ineasure of the intensity of light produced by a lamp (bulb) as indicated by the manufacturer. This method greatly simplifies compliance determination. Appropriate lighting levels are also somewhat subjective and different communities may have different standards. Alternate methods and varying levels of restrictions are provided below and some will be more , appropriate for some communities than others. However, the vision impairment caused by excess illumination should be given utmost consideration. DEFINITIONS Acre or net acre -- any 43,560 contiguous square feet or total of portions thereof within the same parcel if dissected by existing roads or land dedicated for roads. Fixture -- The assembly that holds the lamp (bulb) in a lighting system. It includes the elements designed to give light output control, such as a reflector (mirror) or refractor (lens), the ballast, housing, and the attachment parts. Full-cutoff (fco) -- a light fixture which cuts off all upward transmission of light. Glare -- discomfort experienced by an observer with a direct line of sight to a light source which often results in visual impairment. HID lighting -- high intensity discharge lighting, a family of bulb type including mercury vapor, metal halide, high pressure or low pressure sodium, which glow when an electric current is passed through a gas mixture inside the bulb. Horizontal (or vertical) footcandles -- The amount of light striking a vertical or a horizontal plane. Inventory of lighting -- a list of lamps indicating the bulb type, bulb wattage, and manufacturer through which the rated lumens can be determined. Light source -- the bulb and lens, diffuser, or reflective enclosure. Light trespass -- light projected onto a property from a fixture not located on that property. Lumen -- measure of brightness of the illumination exiting a bulb, provided by manufacturer. Luminaire -- The complete lighting unit, including the lamp, the fixture, and other parts. Non-cutoff -- a light fixture which does not cut off all upward transmission of light. http://home.att.net/�icole/ord_framework.html 07/O 1/2008 Lighting Improvement Ordinance Framework DIRECTIONAL CONTROL Page 2 of 4 All luminaires of 1800 or more lumens shall be full cutoff as installed. For luminaires under 1800 the bulb must be frosted glass or installed behind a translucent cover, except floodlights which must be aimed no higher than 45 degrees below horizontal. This can be accomplished by the use of full-cutoff (fco) fixture design, shieldinq, visors, louvers, or other devices. REASONABLENESS OF INTENSITY The maximum allowable total lumens generated on each parcel is 80,000 lumens per net acre with full-cutoff (fco) lighting. Parcels less than one net acre are allowed fco lumens in a portion equal to the parcel's portion of a net acre. Lights mounted on the underside of a roof 15 or more feet from any edge of the roof count 1/4 toward the limit. Lights on the underside of a roof less than 15 feet from the edge of the roof count 1/2 toward total lumens. ALTERNATIVES Some communities may wish to establish different lumen per acre maximums according to various zoning designations. For instance, commercially zoned areas in a business district could have a higher lumen per acre maximum than commercially zoned areas adjacent to residential areas. In certain instances the amount of lighting allowed under the lumen per acre cap may not be sufficient for an application of outdoor lighting that meets minimum illumination levels recommended by the Illuminating Engineering Society. In such cases a community may wish to allow lighting sufficient to meet IES recommendations, provided that properly conducted testing, reviewed by a lighting engineer, indicates such IES recommendations are not exceeded, with the fees to be reimbursed to the community by the applicant. Some communities may wish to adopt illumination maximums based upon the recommendations of the IES rather than using a lumens per acre method. Doing so requires night site visits by personnel knowledgeable in the proper method of ineasuring illumination levels with an accurate light meter. LIGHT TRESPASS The maximum illumination at five feet inside an adjacent residential parcel or public right-of-way, or beyond, from light emitted from an artificial light source is .1 horizontal footcandles and .1 vertical footcandles. Said illumination at 10 feet inside an adjacent commercial or industrial parcel or on a public roadway, or beyond, shall not exceed .1 horizontal footcandles or .1 vertical footcandles. No line of sight to a bulb is permitted 5 feet or more beyond a residential or public right-of-way property line by an observer viewing from a position that is level with or higher than the ground below the fixture. Compliance is achieved with fixture shielding, directional control designed into the fixture, fixture location, fixture height, fixture aim, or a combination of these factors. SIGNAGE All illuminated signs must be lighted internally or lighted by top-mounted lights pointed downward. No sign may be illuminated with fixtures not shielded from upward transmission of light. The maximum size of the signs and minimum distances between signs should be established. Off-premise signs must be turned off after 10:30 p.m., and on-site signs turned off upon closing if after 10:30p.m. Signs should be white or light colored lettering on dark backgrounds. Lights that flash, pulse, rotate, move, or simulate motion are not permitted. Above includes billboards. ALTERNATIVES Some communities may require that the lights of off-premise signs be turned off earlier in winter, such as by 10:00 p.m., and later in summer, such as 11:OOp.m. http://home.att.net/�icole/ord_framework.html 07/O 1 /2008 ' Lighting Improvement Ordinance Framework Page 3 of 4 Some communities may disallow lighting for signs over a certain size, or disallow lighting on all signs. SEARCH LIGHTS The use of search lights except by civil authorities for public safety is prohibited. COMMUNICATIONS TOWER LIGHTING The nighttime use of white lighting or white strobe lighting is prohibited. (Nighttime white strobe lighting is not required by the FAA.) Applicants must show proof of any such FAA requirement. TEMPORARY LIGHTING The temporary use of low wattage or low voltage lighting for public festivals, celebrations, and the observance of holidays are exempt from regulation except where they create a hazard or nuisance from glare. Light trespass requirements remain in effect. Permits are required for commercial activities such as carnivals and are valid for up to 7 consecutive days. Where possible lighting should be fco. ALL-NIGHT LIGHTING Lighting at places of business or public venues, except for security, shall be turned off no later than one hour after closing. Such lights should be confined to that needed for basic security. The lights of vacant parking lots shall not remain lighted except for illuminating entryways by the fixtures closest to building entrances. SPORTS LIGHTING Sqorts lighting is exempt from the lumens per net acre limitations as to the playing field only. Full-cutoff fixture design is required and light trespass requirements apply. No outside sporting or entertainment event will start after 10:OOp.m. or extend beyond 11:00 p.m. ALTERNAI"IVES Some communities may prefer other time limits for concluding outdoor events, depending on such things as the location of the venue relative to residential areas. Some communities may wish to require that sports lighting be located no closer than a minimum distance from any residence. In order to minimize light trespass from glare it may also be desirable to establish a maximum mounting height. EXEMPTIONS Airport lighting for navigational purposes is exempt. Continuous colored tube lighting (neon lighting) is exempt except for the requirement that lighting should not remain on after the business has closed or if installed on signage. EFFECTIVE DATE Lighting already installed when these regulations were adopted is exempt except: Lighting found by a government agency to create public hazard can be ordered removed or altered at any time. On the effective date of the ordinance, any light installation which provides for re-aiming of the f+xture shafl be aimed in compliance with this ordinance without delay. http://home.att.netl�icole/ord_framework.html 07/O 1 /2008 ` Lighting Improvement Ordinance Framework Page 4 of 4 Upon repair or replacement of any component of any luminaire, or relocation of any luminaire, the requirement that such luminaire be made full-cutoff shall apply. Upon installation of any new luminaire, this ordinance shall fully apply. An inventory of existing lighting submitted by the applicant will be required when the application for installing new luminaire(s) is made. Any lighting not in compliance with this ordinance 7 years hence shall be immediately brought into compliance. ENFORCEMENT It is unlawful to sell, lease, loan, or give any light fixture which would cause non-compliance. It is unlawful to install or cause to be installed any light fixture which would cause non-compliance. It is unlawful to operate any light fixture which would cause non-compliance. A permit for the repair, installation, or alteration of any HID light is required beforehand. An inventory of existing lights is required with the application for permit. Nothing in these regulations shall prevent filing an action for relief from light trespass or glare as a nuisance, or from other relief under any laws which may currently exist. If other laws place added restrictions regarding lighting, they shall apply. The provisions of this ordinance are severable, and if any provision of this ordinance or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of this ordinance. The Indiana Council on Outdoor Lighting Education, ICOLE http://home.att.neU�icole All material here is copyrighted by its authors as noted and can be used for non-commercial purposes to promote outdoor lighting education, providing proper credit is given. Home � Our Purpose � Liqht Pollution Quick Facts & Solutions � WhaYs New � Information Materials Framework for L�hting Ordinances � Relevant Links � Media Archives � Supporting ICOLE Subscribing it ICOLE's e-mail List � Contact Us http://home.att.net/�icole/ord_framework.htnnl 07/O 1 /2008 Attachment E TOWN OF AVON, COLORADO ORDINANCE NO. 04-19 SERIES of 2004 AN ORDINANCE AMENDING TITLE 15, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT RELATES TO OUTDOOR LIGHTING STANDARDS BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,COLORADO: Section 1. Amendment. Title 15, Avon Municipal Code, is amended by the addition of a new Chapter 15.30 as follows: Chapter 15.30 OiJTDOOR LIGHTING ORDINANCE Sections: 15.30.010 Intent and Purpose 15.30.020 Definitions 15.30.030 Applicability 15.30.040 General Outdoor Lighting Standards 15.30.050 Lighting Plan 15.30.060 Violations 15.30.070 Figures and Diagrams 15.30.010 Intent and Purpose. The purpose of this ordinance is to reduce offensive lighting sources and reduce light trespass beyond property lines, including unnecessary upward lighting. The Town of Avon is experiencing a significant increase in the use of exterior illumination. Town residents and guests value small town character and the qualities associated with this character, including the ability to view the stars against a dark sky. They recognize that inappropriate and poorly designed or installed outdoor lighting causes unsafe and unpleasant conditions, and limits their ability to enjoy the nighttime sky. This Chapter is intended to help maintain the health, safety, and welfare of the residents of Avon through the regulation of exterior lighting in order to: A. Promote adequate light for safety and security; B. Prevent inappropriate and poorly designed or installed outdoor lighting; C. Reduce glare; D. Reduce nighttime light pollution and to protect and reclaim the ability to view the night sky by restricting the unnecessary upward projection of light; Ordinnce No. 04-19 I.ighting Ordinance Page 1 of 7 �_ E. Phase out existing non-confomung fixtures that violate this chapter, including those owned by the Town; and In order to determine the effectiveness of the ordinance, staff shall develop and implement the "Avon Dark Sky Preservation Initiative" program to measure observable lumen counts at fixed points on the valley floor. Baseline monitoring shall take place on an annual basis, and five (5) years after the implementation of this ordinance, the fmdings shall be presented to the Planning and Zoning Commission and the Town Council to determine whether or not the intent and goals of this chapter are being satisfied. 15.30.020 Definitions. Exterior Lighting. Temporary or permanent lighting that is installed, located, or used in such a manner to cause light rays to shine outdoors. Luminaires that are indoors that are intended to light something outside are considered exterior lighting. Fixture Height. The vertical distance from the ground directly below the centerline of the fixture to the lowest direct lighti emitting part of the fixture. Full cut-off fixture. A fixture designed and installed where no direct light (as opposed to scattered light) is emitted at or above a horizontal plane running through the lowest point on the fixture. Fully shielded. The luminaire incorporates a solid opaque barrier (the shield), which pernuts no light to escape through the barrier. Glare. Stray, unshielded (including reflected) light striking the eye that may result in (a) nuisance or annoyance glare such as light shining into a window; (b) discomfort glare such as bright light causing squintiing of the eyes; (c) disabling glare such as bright light reducing the ability of the eyes to see into shadows or (d) reduction of visual performance. Holiday (Seasonal) Lighting. Temporary festive lighting intended to celebrate the winter season and the Thanksgiving, Christmas and New Year's holidays. Light Pollution. Any manmade light that diminishes the ability to view the night sky. Light Source. The source of the light emitted by the fixture. Also referred to as`bulb.' Light Trespass. Light falling on the property of another or the public right-of-way when it is not required to do so. Ordinnce No. 04-19 Lighting Ordinance Page 2 of 7 Controlled source and good aiming prevent light trespass an Light trespass from uncontrolled source to all exterior lighting within the Town of Avon. All exterior lighting installedfafter the effective date of this Chapter shall conform to the standards established by this Chapter. All existing lighting installed before the effective date of this Chapter shall be brought into conformance with the Chapter within five (5) years from the date of adoption of this Ordinance, or by November 17, 2009. 15.30.040 General Outdoor Li�hting Standards. The following lighting standards shall apply to all properties located within municipal boundaries: A. The style, color, and design of the fixtures shall be compatible with the overall design concept and use of materials for the building, and site area of the lighting plan. B. All lighting shall be shielded such that the source of illumination (filament, frosted bulb or the reflection of those from a shiny surface) is not visible from the property line thereby reducing glare and interference with boundary streets and adjacent properties. Light fixtures near adjacent properiy may require special shielding devices to prevent light trespass. C. All lighting (including, but not limited to street, parking lot, security, walkway and building) shall conform with the definition for full cut-off fixtures with the light source downcast and fully shielded, with the foll.owing exceptions: 1. Holiday lighting from November 15'h to March lst 2. Sensor activated luminaries, provided: a. It is located in such a manner as to prevent glare and lighting onto properties of others or into the public right-of-way. b. The luminaire is set to only go on when activated and to go off within five minutes after activation has ceased. c. The luminaire shall not be triggered by activity off the property. 3. All temporary emergency lighting needed by the Fire and Police Departments, or other emergency agencies. 4. Floodlights with external shielding can be deflected up to twenty five (25) degrees from a vertical plane as measured through the central a�cis of the light beam from the luminaire, only if the luminaire does not cause glare or light to shine on adjacent properiy or public rights-of-way. Ordinnce No. 04-19 Lighting Ordinance Page 3 of 7 Compliam floodlight angle , \ \, + '� ; ` � 5. Uplighting for flags, address markers, trees, architectural features, and low- voltage landscape lighting provided the luminaire is located, aimed, and shielded so that direct illumination is focused exclusively on the object and away from adjoining properties and the public street right-of-way. Architectural features may be illuminated by uplighting, provided that the light is effectively contained by the structure. In all cases, uplighting must not cause glare or light trespass. 6. Luminaires (light fixtures) that have a maximum output of one thousand lumens per fixture (equal to one sixty [60] watt incandescent light), regardless of the number of lamps, provided: a. The bulb of the fixture is not visible; and b. The fixture is utilizes frosted, opalescent, clear, or iridescent glass; and c. The fixture has an opaque top or is under an opaque portion of the building structure; and d. If the fixture utilizes clear glass, the output of the fixture must be shielded by the architecture of the structure; and e. All fixtures must not cause glare or light trespass beyond the property. 7. Temporary (2 days or less) high intensity discharge floodlighting may be used for sports lighting and Town sponsored events provided that the lighting be turned off no later than one hour after the event is concluded. The fixtures must be aimed so that their beams are directed and fall within the primary playing or performance area. 8. All permanent sports and event lighting shall be equipped with a glare control package (louvers, shields, or similar devices) and the fixtures must be aimed so that beams are directed and fall within the primary playing area and light trespass is minimized. 15.30.050 Lightin� Plan. An outdoor lighting plan shall accompany all design and building permit applications and shall be submitted separately from other drawing information. All lighting plans (except single family and duplex applications, whose lighting fixtures and locations are reviewed under the Design Review Guidelines) shall be subject to approval through the design review process by the Planning and Zoning Commission. A user's guide with examples of compliant light fixtures is available in the Community Development office. Those projects not requiring design review by the Town shall be required to submit a lighting plan that conforms to the standards outlined herein at the time of building permit for new construction. The lighting plan and/or specifications. shall show: Ordinnce No. 04-19 Lighting Ordinance Page 4 of 7 A. The type and luminous intensity of each light source and wattage (eg. Incandescent, halogen, high-pressure sodium); B. The type of fixture (eg. floodlight, full-cutoff, lantern, coach light); C. Fixture location and height above all proposed and existing light fixtures; D. Shielding and all mounting details; E. Manufacturer cut-sheet andlor specification materials with scaled drawings or photographs including: initial lumen rating, color rendering index, and wattage of each lamp; F. Any other information deemed necessary by the Community Development Inspector to document compliance with the provisions of this Chapter. 15.30.060 Violations. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Chapter. If the Community Development Inspector finds that any provision of this Chapter is being violated, the Community Development Inspector shall give notice by certified mail, return receipt requested, of such violation to the owner andlor to the occupant of such premises, requesting that the violation be abated within sixty (60) days of the date of mailing of the notice. The Community Development Department staff shall be available to assist in working with the violator to correct said violation. If the violation is not abated within the sixty (60) day period, the violator shall be punished by a fine of not more than onc hundred dollars for each and every day during which the violation of any provision for any single fixture of this Chapter is committed, continued, or permitted. 15.030.70 Figures and Dia ams. The following figures illustrate examples of acceptable and unacceptable types of outdoor lighting fixtures. Note that even those types of fixtures shown as"acceptable;" must be installed and aimed properly to comply with this chapter. Ordinnce No. 04-] 9 Lighting Ordinance Page 5 of 7 Unacce table Acce table Area Floodliqhts ;, ,� �� `��..; ...�, , ; ;, -- � ���r � �� ,.. - j � . -���,� r` �~y_ .. j ` .,��'i _ � �. YES N� ' Pro er aimin is still re uired to prevent !i ht trespass. Spotliqhts � YES NO ' Pro er aimin is still required to prevent li ht tres ass. Wall Packs .._._ . �.. �. ; _ � �:'._.,:. . ; 4;. < NO YES Decorative >� ,; ::� ��r`} �,�:3 ,,� ' ;: , _ - .... NO • These fixtures may be acceptable if using a low YES wattage bulb. Street Liqhtinq � �.. _ - w.. NO YES Ordinnce No. 04-19 Lighting Ordinance Page 6 of 7 iNTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 26�' day of October, 2004, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the �i�=' day of '��e-+�`�� , 2004, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. ,`�,;;ti�1 �',,� �.�'��� .�°' �� II rq • '� Y �c� e � � r� 'R �. •, r. `�+ �� a. ;,' 1 : r�;� , ^� ATTEST: -;:�_��4��ts�� p ��� Patty c enny, Town er . Albert D. Reynolds, Mayo INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the G�"- day of ��/e.M..�,_ , 2004. 6i �:. � � i., ti��e,`�, 5 f5,9°;;;�y: � �� �5 � _ < .."S A� � �� ';V., �-. ..� ,.,�'� � ATTEST: �,, :_:: „''j'� P ���. Patt Kenny, T lerk APPROVED AS TO FORM: , John W. Dunn, Town Attorney . ry\ Albert D. Reynolds, Mayor Ordinnce No. 04-19 Lighting Ordinance Page 7 of 7 �. Avon, CO - Official Website - Outdoor Lighting Ordinance � Print Page � E-mall Page , fI+' : �� I o, , �, t p ., Attainable Housing Comprehensive Plan Outdoor Lighting Ordinance � �,a�a�,� ME �I � � �F��� �.A . Page 1 of 2 Home � Calendar � Document Center � Site Map � Contact Us � Intranet p� � LivrraG 1N � Gt�v�ktvNt[N'r � Upit�G Busi�vcss r Visrri�G � E-S�t�vrCEs You are here: Home > Government > Town De�artments > Communitv Development > Planning > Outdoor Lighting Ordinance Outdoor Lighting Ordina�nce The Town would like to remind residents of its "Dark Sky Preservation Initiative" to reduce offensive lighting sources and reduce light trespass beyond property lines. As part of the "Dark Sky Preservation Initiative," which is intended to help preserve Avon's small town mountain character and the ability to view the stars against a dark sky, all outdoor lighting, including residential, must conform with the Town of Avon's Outdoor Liqhtin� Ordinance by November 17, 2009. These regulations include but are not limited to: . The style, color and design of the fixtures shall be compatible with the overall design concept and use of materials for the building and site area. . All lighting must be shielded so that the source of illumination is not visible from the property line in order to reduce glare and interference with boundary streets and adjacent properties. Light fixtures near adjacent property may require special shielding devices to prevent light trespass. . All outdoor lighting shall conform with the definition for full cut-off fixtures with the light source downcast and fully shielded (see complete ordinance for exceptions). To the right are examples of light fixtures that do and do not meet the regulations stated in the Outdoor Lighting Ordinance. These examples are intended to be illustrative only. The Planning Department requires approval http ://www. avon. org/index. asp?NID=S 26 I Unacceptable IlAcceptable I Area Floodlights -� NO � YES *proper aiming is still required to prevent light trespass lights NO YES *proper aiming is still required to prevent light trespass Wall Packs 1 NO YES Decorative `�' ! J Avon, CO - Official Website - Outdoor Lighting Ordinance of any new fixtures to be installed Copyright Notices � Powered by CivicPlus � Accesslbility � Photography http://www. avon.org/index. asp?TIID=526 �`�� �.� , NO *These fixtures may be acceptable if using a low watFaqe bulb. _ - NO Page 2 of 2 i* �N Street Lighting YES YES PO Box 975, Avon, CO 81620, Ph: (970) 748-4000 Fax: (970) 949-9139 C�.Jr�, � 4.07.005 LIGHTING STANDARDS A. Objectives The objectives of this Section are as follows: Attachment: F l. Provide quality, context-sensitive lighting for the Town ofEagle mountain environment; and 2. Sustain a pristine nighttime sky by controlling glare, light trespass and light pollution; and 3. To provide for zero tolerance of light pollution and light trespass beyond property lines within and into residential areas; and 4. To minimize light pollution and light trespass beyond property lines within and into commercial and industrial areas; and 5. To require proper shielding to eliminate glare at normal viewing angles from all high brightness sources; and 6. In facade, sign and retail applications, use lighting to create visual hierarchy, which facilitates circulation and way finding. B. Applicabilitv Except as provided herein, the provisions of this Section shall apply to all subdivisions, planned unit developments, development permits, sign permits, and building permits finally approved on or after the effective date of this Section. All lighting fixtures, devices, equipment, lamp sources and wattage, fixture locations, and shielding installed after the effective date of this Section shall comply with the requirements and standards of this Section. All lighting fixtures, devices, equipment, lamp sources and wattage, fixture locations, and shielding presently in use and existing as of the effective date of this Section, and not in conformance with the requirements and standards of this Section, shall be considered a legal non-confortning use and may continue in existence subject to the provisions of the following subsection. C. Abatement of Legal Non-Conformin� Uses All lighting fixtures, devices, equipment, lamp sources and wattage, fixture locations and shielding not in conformance with the requirements and standards of this Section, and existing and in use as of the effective date of this Section, shal] be subject to the following, notwithstanding any other provision of this Title to the contrary: 4.07.005 1. A legal non-conforming lighting use shall not be changed to any other use excepl a lighting use conforming with the requirements and standards of this Section. 2. Whenever a legal non-conforming lighting uses has been discontinued for a continuous period of one (1) year or longer, all lighting fixtures, devices, equipment, lamp sources and wattage, as well as fixture locations and shielding shall be in conformance with the requirements of this Section. 3. All lighting fixtures, devices, equipment, lamp sources and wattage, as well as fixture locations and shielding presently existing and in use as of the effective date of this Section, and not in conformance with the requirements and standards of this Section, shall be brought into conformance with such requirements and standards no later than January 1, 2007. 4. The Board of Trustees, in its sole discretion, may institute a mandatory program for the elimination of legal non-conforming lighting fixtures, devices, equipment, lamp sources and wattage, as well as fixture locations and shielding, prior to the date sel forth above by providing payments to property owners in accordance with adopted amortization schedules for the conversion of legal non-conforming lighting to lighting conforming with the requirements and standards of this Section. D. Submittal Requirements A lighting plan shall accompany all applications for development and preliminary subdivision plans and shall be submitted separately from other drawing information. The lighting plans and/or specifications sha11 show: the type of lighting equipment, the lamp source and wattage, fixture locations, mounting heights, shielding and all mounting details. Manufacturer catalog and/or specification materials with scaled drawings or photographs are also required for all lighting equipment. In addition, calculations shall be provided which show point-by-point horizontal illuminance at ground level for all commercial or industrial projects. Calculations for other project types shall be provided at the Town of Eagle's request. B. Prohibitions 1. All mercury vapor sources are outdated and are therefore prohibited. Existing fixtures should be modified to accommodate more current technologies such as metal halide or fluorescent lamp sources. 2. Any search light or laser light used for the purpose of advertising, or as a beacon, is prohibited. 3. Blinking, tracing, or flashing lights are prohibited. 4. High Intensity Discharge (HID) floodlighting is prohibited. 4.07.005 5. Fixtures with high brightness lamps and poor visual cutoff are prohibited. 6. Bollards or low-mounted luminaries (less than 12 feet above ground) are not to exceed 35 watts. 7. Exterior neon sources such that the source can be directly viewed are prohibited. Backlighted applications may be acceptable, and must conform to the same restrictions as cabinet signs. F. Exemntions l. All lighting used for the purpose of aviation is exempted. 2. All temporary lighting used to identify hazards or roadway construction (operating less than four months) is exempted. 3. All traffic signal lighting is exempted. 4. Low voltage, ornamental landscape lighting which meets Yard Lighting and Lamp Shielding requirements is allowed. 5. Low-brightness, seasonal holiday lighting is allowed. Note that the National Electric Code (Section 305-3) allows for temporary lighting installations for up to 90 days. 6. High intensity discharge floodlighting may be used for sports lighting applications (see Lamp Shielding Chart for restrictions). 7. Lighting for the purpose of security must meet the criteria of each application category but may be exempted from specific control requirements. G. GLOSSARY Cutoff An�le (of fixturel - The angle measured upward from the vertical at which the bare source is completely blocked from view. Discomfort Glare - Glare producing discomfort. It does not necessarily interfere with visual performance or visibility. Footcandle - The basic unit of illuminance (the amount of light falling on a surface). Full-Cutoff Fixture - A fixture that allows no emission of light above horizontal. Full Shieldin� - Refers to internal and/or external shields and louvers provided to prevent brightness from lamps, reflectors, refractors and lenses from causing glare at normal viewing angles. 4.07.005 Glare - The sensation of annoyance, discomfort, or loss in visual performance and visibility due to bright or uncontrolled light sources. IESNA - Illuminating Engineering Society of North America, an organization that establishes standards for the lighting industry. Illuminance - A measure of the amount of light incident on a surface, expressed in footcandles. Li�ht Trespass - Any form of artificial illumination emanating from a light fixture or illuminated sign that penetrates another property. Luminance - The apparent brightness of a light fixture or lamp as viewed from a specific direction. The luminance ofa fixture can vary as the viewing angle varies. Motion Sensor Device - A device that will sense motion electronically and switch on security lighting for a brief duration. Non-Cutoff Fixture - A fixture that includes no optics to prevent light emission above horizontal. Nuisance Glare - Glare that causes complaints. Semi-Cutoff Fixture - A fixture that emits some light above horizontal, but less than a non-cutoff fixture. Timin�; Device - A switching device, a part of which is a clock, set to the prevailing time, that wil] control the period of operation for outdoor lighting fixtures and signs. 4.07.005 LAMP SHIELDING AND SPECIAL APPLICATION CHARTS Lam Shieldin Chart Refer to this chart for shielding i.nstructions for all exterior li hting a lications. Lam Watta e Incandescent Fluorescent H.I.D. Less than 35 None None N/A 36-75 None None Low 76- l 00 Low Low Medium 101-150 Medium Medium Medium 151-250 Medium 251-500 Full 501-1000 Full 1001+ Full Le end: None • No Shieldin (IESNA non-cutof� Low . Low Shieldin IESNA semi-cutof Medium . Medium Shieldin IESNA full-cutof Full • Full Shielding (lamp shielded from view outside of property) Full • Prohibited (see "Exemptions") 1. Requires a semi-cutoff fixture lhat emits sunlight above horizontal, but less lhan a non-cutoff fixture. # 2. Requires a full cutoff fixture lhat allows no emission of light above horizontal. 3. Requires a fixtvre containing in[ernal and/or extemal shields and louvers to provide brighlness &om lamps, reflectors, refi-actors and lenses from causing glare at normal viewin anQles. Commercial Li ht Level Criteria Maximum initial illuminance values in these areas must not exceed the range specified by the table. Values are taken from the IESNA's recommended illuminance values. Lower wattages and mountin hei hts be im lemented whenever ossible. Area/Criteria Fast Food / Gas Station / Automotive General Walkways & Convenience Hotel Cano Outdoor Retail Commercial Parkwa s Maximum Initial 1.5 — 3.0 20 - 30 20 - 30 1.5 — 3.0 0.2 —1.0 Horizontal Illuminance (fc) Value at Ground Level Note: Lighting for Residential and Industrial areas is covered under specific application categories in the ordinance. 4.07.005 PARKING AREA LIGHTING Maximum Parking Area Lighting Acceptable Lamp Types & Maacimum Controls Mounting Allowable Wa es Hei ht Residential Li htin Parkin Lots are rohibited in Rural or Standard Residential areas. Compact fluorescent - 42 W max. Residential Multi-Family H.I.D. - 70 W ma�c. 15 feet Incandescent - 100 W max. Lights on dusk to Compact fluorescent - 42 W max. dawn. Residential Medium H.I.D. - 70 W max. IS feet Densi Incandescent - 100 W max. Compact fluorescent -(2)42 W max. Lights on dusk to Public Area I T.I.D. - 175 W max. dawn. I S feet Compact fluorescent - (2)42 W max. Commercial Limited H.I.D. - 175 W max. Lights on until one 25 feet Compact fluorescent -(2)42 W max. hour after closing or Commercial General H.I.D. - 175 W max. servicing. 25 feet Compact fluorescent - (2)42 W max. Central Business District H.1.D. - 100 W max. 30 feet Compact fluorescent -(2)42 W max. Lights on until one Industrial H.I.D. - 175 W max. hour a8er closin 30 feet Notes: • Dusk-to-dawn operation is allowed for 24-hour business operations. • Mounting height may be increased for medium a�nd fully shielded fixtures upon the Town of Eagle's approval. The followi�ng table lists recommended minimum maintained average illuminance values and maYimum acce table uniformi ratios. General Parking & Pedestrian Areas Non-pedestrian Driveways Parking Lot Activity Level Vehicle Entries & Exits Footcandles Uniformity Ratio Footcandles Uniformity Ratio Av .:Min. Av .:Min. High: • Large shopping Malls 0.9 4:1 2 3:1 • Hi -volume fast food Medium: • Smaller shopping centers • Office complexes • Hotels & motels 0.6 4:1 1 3:1 • Hospitals • Community events • Condominiums • Fast food Low: (for security lighting) • Neighborhood markets 0.2 4:1 0.5 4:1 • Industrial facilities • School or churches 4.07.045 YARD LIGHTING Yard Ligbting Acceptable Lamp Types & Ma�cimum Controls Maximum Allowable Wattages Mounting Hei ht Residential Compact fluorescent - 32 W max. Incandescent - 75 W ma�c. 20 feet Compact fluorescent - 32 W max. Lights on dusk Residential Multi-Famil Incandescent - 75 W ma�c. to 11:00 PM. 15 feet Compact fluorescent - 32 W max, Residential Medium Densi Incandescent - 75 W m�. 15 feet Compact fluorescent -(2)42 W ma�c. Lights on dusk Public Area Metal halide - 70 W max. to dawn. 25 feet Compact fluorescent - (2)42 W ma�c. Commercial Limited Metal halide - 70 W ma�c. Lights on until 25 feet Compact fluorescent -(2)42 W max. one hour after Commercial General Metal halide - 70 W ma�c. closing or 20 feet Compact fluorescent -(2)42 W ma�c. servicing. Central Business District Metal halide - 100 W ma�c. 25 feet Industrial Compact fluorescent -(2)42 W max. Lights on dusk H.I.D. - 175 W ma�c. to 11:00 PM. 30 feet Notes: The use of motion detectors and timers is encouraged to control specific fixtures for security and egress applications. The use of porch lights and egress lighting is encouraged. Dusk-to-dawn operation is allowed for these applications. Note that these fixtures must still meet the intent of the Lamp Shielding Chart. l0 4.07.005 FA�ADE LIGHTING Maximum Fagade Lighting Acceptable Lamp Types & Maximum Controls Mounting Allowable Watta es Hei ht Residential Fa ade Li htin is rohibited in Rural or Standard Residential areas. Residential Multi-F'amil Fa ade Li htin is rohibited in Reszdential Multi-Famil areas. Residential Medium Densi Fa ade Li htin is rohibited in Residential Medium Densi areas. Compact fluorescent - 42 W ma�c. Lights on Public Area Linear fluorescent - 32 W ma�c. dusk to H.I.D. - 70 W ma�c. dawn Incandescent - 100 W ma�c. Compact fluorescent - 42 W max. Commercial Limited Linear fluorescent - 32 W ma�c. Lights on See H.I.D. - 70 W ma�c. until one below Incandescent - 100 W ma�c. hour after Compact fluorescent - 42 W max. closing or Commercial General Linear fluorescent - 32 W max, servicing H.I.D. - 70 W max. Compact fluorescent - 42 W max. Central Business District Linear fluorescent - 32 W max. H.I.D. - 70 W max. Industrial Fa�ade Li htin is rohibited in Industrial areas Notes (Mounting of Fagade Lighting): • In all fa�ade lighting, the source will be fully shielded from pedestrians and motorists. • Sources should not be visible from inside the lighted building or from surrounding buildings. • Uplighting must be shielded and/or fall completely on the fa�ade. • Downlighting of fa�ade elements is pxeferred. L�II 4.07.005 SIGN LIGHTING Maximum Sign Lighting Acceptable Lamp Types & Maximum Controls Mounting Allowable Watta es Hei ht Residential Si n Li htin is rohibited in Rural or Standard Residential areas Residential Multi-Famil Si n Li htin is rohibited in Residential Multi-Famil areas Residential Medium Densi Si n Li htin is rohibited in Residential Medium Densi areas Public Area Compact fluorescent - (2)42 W max. Sign lights on Linear fluorescent - (2)32 W max. dusk to dawn Incandescent - 100 W max. Compact fluorescent - (2)42 W max. Commercial Limited Linear fluorescent - (2)32 W max. H.I.D. - 70 W max. Incandescent - 150 W max. See Compact fluorescent - (2)42 W max. Sign lights on notes below Commercial General Linear fluorescent - (2)32 W max. until one hour H.I.D. - 70 W max. after closing Incandescent - l50 W max. Compact fluorescent - (2)42 W max. Central Business District* Linear fluorescent - (2)32 W max. Incandescent - 100 W max. Compact fluorescent - (2)42 W max. Sign lights Industrial Linear fluorescent - (2)32 W max. on until H.I.D. - 70 W max. one hour Incandescent - 150 W max. after closin * Cabinet signs are prohibited in Central Business Districts. General Notes: • The word "sign" refers to any objet attached to or apart from a structure intended to convey advertising, image, or identification. Note that the National Electric Code (Section 305-3) allows for temporary lighting installations for up to 90 days. • Each proprietor is limited to one illuminated sign per establishment. • In all sign lighting, the source will be fully shielded from pedestrians and motorists. • Sources should not be visible from inside the associated building or from surrounding buildings. Externally Lighted Signs: • Downlighting of signs is preferred. • Uplighting must be shielded andlor fall completely on the sign. Internally Lighted Signs: • Cabinet signs, or signs with interior lighting, are to have fluorescent lamps and will not exceed 130 watts. • The use of sources other than fluorescent for cabinet signs is subject to the approval of the Town of Eagle. 12 4.07.005 ROADWAY LIGHTING Roadway Lighting Allowable Lamp Types & Maximum Maximum Allowable Wattages Controls Mounting Hei ht Residential* Compact fluorescent - (2)42 W max. H.I.D. 100 W max. 20 feet Residential Multi-Family* Compact fluorescent - 42 W max. H.I.D. 100 W max. 20 feet Residential Medium Density* Compact fluorescent - (2)42 W max. Lights on H.I.D. 100 W max. dusk to 20 feet Public Area Compact fluorescent - (2)42 W max. dawn H.I.D. 175 W max. 25 feet Compact fluorescent - (2)42 W max. Commercial Limited** H.I.D. 175 W max. 30 feet Compact fluorescent - (2)42 W max. Commercial General** H.I.D. 175 W ma�c. 30 feet Compact fluorescent - (3)42 W ma�c. Central Business District** H.LD. 175 W max. 30 feet Compact fluorescent - (3)42 W max. Industrial H.I.D. 175 W ma�c. 30 feet * House-side shields should be used in all residential areas (to prevent roadway lighting from trespassing onto residential property). ** Mounting height may be extended to 40 feet for special cases such as large commercial developments only upon the Town ofEagle's approval. Amended 1/13/00 13 � s��n , C� L.U.R. — Supplementary Regulations — Timeshare Development Attachment: G §26.590.090 d. The telephone numbers to contact in an emergency shall be posted on each facility in conformance with the provisions of Chapter 26.510, Signs, of this Title. 7. Access ways. In addition to ingress and egress requirements of the Building Code, access to and from wireless telecommunication services facilities and equipment shall be regulated as follows: a. No wireless communication device or facility shall be located in a required parking, maneuvering or vehicle/pedestrian circulation area such that it interferes with or in any way impairs, the intent or functionality ofthe original design. b. The facility must be secured from access by the general public but access for emergency services must be ensured. Access roads must be capable of supporting all potential emergency response vehicles and equipment. c. The proposed easements for ingress and egress and for electrical and telephone shall be recorded at the County Clerk and Recorder's Office prior to the issuance of building permits. (Ord. No. I-2002 §] 8; Ord. No. 52-2003, §§ 14, ] 5) Sec. 26.575.140. Accessory uses and accessory structures. An accessory use shall not be construed to authorize a use not otherwise permitted in the zone district in which the principal use or structure to which it is accessory. An accessory use or structure may not be established prior to the establishment of the principal use or structure to which it is accessory. Accessoty buildings or structures shall not be provided with kitchen or bath facilities sufficient to render them suitable for permanent residential occupation. Sec. 26.575.150. Outdoor lighting. A. Intent and purpose. The City has experienced a significant increase in the use of exterior illumination. City residents value small town character and the qualities associated with this character, including the ability to view the stars against a dark sky. They recognize that inappropriate and poorly designed or installed outdoor lighting causes unsafe and unpleasant conditions, limits their ability to enjoy the nighttime sky and results in unnecessary use of electric power. It is also recognized that some exterior lighting is appropriate and necessary. This Section is intended to help maintain the health, safety and welfare of the residents of Aspen through regulation of exterior lighting in order to: a. Promote safety and security; b. Help preserve the smal I town character; c. Eliminate the escalation of nighttime light pollution; d. Reduce glaring and offensive light sources; e. Provide clear guidance to builders and developers; f. Encourage the use of improved technologies for lighting; g. Conserve energy; and h. Prevent inappropriate and poorly designed or installed outdoor lighting. 26-5-92 Supp. 3 B. Applicability. The lighting standards of this Section shall be applicable to all outdoor lighting within the City. Existing outdoor lighting shall be considered legal nonconforming lighting for one (1) year from the adoption date of this ordinance. C. Definitions. (a) Fully shielded light: Light fixtures shielded or constructed so that no light rays are directly emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report. The fixture must also be properly installed to effectively down direct light in order to conform with the definition. (b) Foot-candles: A unit of illumination of a surface that is equal to one lumen per square foot. For the purposes of these regulations, foot-candles shall be measured at a height of 3 ft. above finished grade. (c) Fixture height: Height of the fixture shall be the vertical distance from the ground directly below the centerline of the fixture to the lowest direct light emitting part of the fixture. (d) High intensity discharge light source (HID): Light sources characterized by an arc tube or discharge capsule that produces light, with typical sources being metal halide, high pressure sodium and other similar types which are developed in accordance with accepted industry standards. (e) Point light source: The exact place from which illumination is produced (i.e., a light bulb filament or discharge capsule). (fl Light trespass: The shining of light produced by a light fixture beyond the boundaries of the property on which it is located. D. Lighting plans. (a) An outdoor lighting plan shall be submitted in conjunction with applications for subdivision, planned unit development, development within any environmentally sensitive area, special review application and building permit application for a commercial or multi-family building. Such lighting plans shall be subject to establishment and approval through the applicable review processes. Said lighting plan shall show the following: (1) The location and height above grade of light fixtures; (2) The type (such as incandescent, halogen, high-pressure sodium) and luminous intensity of each light source; (3) The type of fixture (such as floodlight, full-cutoff, lantern, coach light); (4) Estimates for site illumination resulting from the lighting, as measured in foot-candles, should include minimum, maximum and average illumination. Comparable examples already in the community that demonstrate technique, specification and/or light level should be provided if available to expedite the review process; and (5) Other information deemed necessary by the Community Development Director to document compliance with the provisions of this Chapter. (b) Single family and duplex building shall be in compliance with the standards of Section 26.575.090. L.U.R. — Supplementary Regulations — Timeshare Development §26.590.090 E. Nonresidential lighting standards. The following lighting standards shall be applicable to all nonresidential properties including mixed uses: (a) Outdoor lighting used to illuminate parking spaces, driveways, maneuvering areas or buildings shall conform to the definition for "fully shielded light fixtures" and be designed, arranged and screened so that the point light source shall not be visible from adjoining lots or streets. No portion of the bulb or direct lamp image may be visible beyond a distance equal to or greater than twice the mounting height of the fixture. For example, for a fixture with a mounting height of twelve ( l2) feet, no portion of the bulb or direct lamp image may be visible from twenty-four (24) feet away in any direction. The light level shall not exceed ten (10) foot-candles as measured three (3) feet above finished grade. Exemptions may be requested for areas with high commercial, pedestrian or vehicular activity up to a ma�cimum of twenty (20) foot-candles. (b) Outdoor lighting shall be twelve (12) feet or less in height unless it meets one (1) of the following criteria: l. The lighting is fully shielded and the point light source is not visible beyond the boundaries of the property in which it is located; or 2. The lighting is otherwise approved in Subsection 27.575.150.K, Miscellaneous Supplemental Regulations, Review standards. (c) All light sources which are not fully shielded shall use other than a clear lens material as the primary lens material to enclose the light bulb so as to minimize glare from that point light source. Exceptions may be allowed where there is a demonstrated benefit for the community determined through the exemption process listed in this Section. (d) High Intensity Discharge (HID) light sources are allowed with a ma�cimum wattage of one- hundred-seventy-five high-pressure sodium (HPS) and one-hundred-seventy-five-watt metal halide (coated lamp – 3,000 degrees Kelvin). Standards for other HID light sources may be established by the City for new technology consistent with the above restrictions. (e) Spacing for security and parking lot light fixtures that are pole mounted shall be no less than seventy-five (75) feet apart. Decorative fixtures (which are also fully shielded) are allowed to maintain a fifty-foot fixture spacing. Wall mounted fixture spacing for security lighting shall be no less than fifty (50) feet measured horizontally. Decorative fixtures directed back toward a building face shall be exempt from this spacing requirement when shielded and shal] not exceed fifty (50) watts. Decorative fixtures that are not shielded shall maintain a minimum spacing of twenty-five (25) feet and shall not exceed fifty (50) watts. Where security lighting is a combination of pole and wall mounted fixtures, there shall be a minimum of seventy-five (75) feet and a ma�cimum of one-hundred-fifty-foot spacing. (� Pole mounted fixtures shall be limited to two (2) light sources per pole. (g) Mixed use areas that include residential occupancies shall comply with the residential standards on those floors or areas that are more than fifty percent (50%) residential based on square footage of uses. (h) Up-lighting is only permitted if the light distribution from the fixture is effectively contained by an overhanging architectural or landscaping element. Such elements may include awnings, dense shrubs or year-round tree canopies, which can functionally contain or limit illumination of the sky. In these cases the fixture spacing is limited to one (1) fixture per one hundred- fifty (150) sq. ft. of area (as measured in a horizontal plane) and a total lamp wattage within a fixture of thirty-five (35) watts. 26-5-92 Supp. 3 (i) Up-lighting of flags is permitted with a limit of two (2) fixtures per flagpole with a maximum of one hundred fifty (] 50) watts each. The fixtures must be shielded such that the point source is not visible outside of a fifteen-foot radius. (j) Outdoor vending, such as gas stations, requires approval for lighting. Lighting shall not exceed a maximum of twenty (20) candles under the canopy. F. Residential lighting standards. The following lighting standards shall be applicable to residential properties: (a) Outdoor lighting shall be twelve (12) feet or less in height unless it meets one of the following criteria: l. The lighting is used to illuminate above grade decks or balconies, is fully shielded and the point light source is not visible beyond the boundaries of the property in which it is located; or 2. The lighting is fully recessed into a roof soffit, fully shielded and is not visible beyond the boundaries of the property in which it is located; or 3. The lighting is otherwise approved in Section 27.575.150.K, Miscellaneous Supplemental Regulations, Review standards. (b) Outdoor lighting with HID light sources in excess of thirty-five (35) watts (bulb or lamp) shall be prohibited. In addition, incandescent light sources including halogen shall not exceed fifty (50) watts. (c) All light sources that are not fully shielded shall use material other than a clear lens material to enclose the light source. The point light source shall not be visible from adjacent properties. (d) Landscape lighting is limited to thirty-five (35) watts per fixture per one hundred fifty (150) square feet of landscaped area (as measured in a horizontal plane). (e) Security lights shall be restricted as follows: l. The point light source shall not be visible from adjoining lots or streets. 2. Flood lights must be controlled by a switch or preferably a motion sensor activated only by motion within owners property. 3. Timer controlled floodlights shall be prohibited. 4. Photo cell lights shall be allowed under the following circumsta.nces: a) At primary points of entrance (e.g., front entries) or in critical common areas for commercial and multi-family properties; b) Where the light sources are fully shielded by opaque material (i.e., the fixture illuminates the area but is not itself visibly bright); and c) The light source or fluorescent (or compact fluorescent) to eliminate excess electricity consumption. 5. Lights must be fully shielded, down directed and screened from adjacent properties in a manner that limits light trespass to one-tenth (. ]) of a foot candle as measured at the property line. L.U.R. — Supplementary Regula6ons — Timeshare Development §26.590.090 6. Light intensity shall not exceed ten (10) foot-candles measured three (3) feet above finished grade. 7. No light fixture shall be greater than twelve (12) feet in height. Exceptions are: (a) Tree mounted fully shielded, downward directed lights using a light of twenty-five (25) watts or less and (b) Building mounted flood lights fully shielded, downward directed lights using a light of fifty (50) watts or less. (c) Motion sensor lights may be permitted, but only where the sensor is triggered by motion within the owner's properiy lines. (d) Light trespass at property lines should not exceed .1 of a foot-candle as measured at the brightest point. G. Reserved. H. Exemptions. The following types of lighting installations shall be exempt from the provisions, requirements and review standards of this Section, including those requirements pertaining to Zoning Officer review. 1. Holiday lighting. Winter holiday lighting which is temporary in nature and which is illuminated only between and including November 15 and March 1 shall be exempt from the provisions of this Section, provided that such lighting does not create dangerous glare on adjacent streets or properties, is maintained in an attractive condition and does not constitute a fire hazard. 2. Municipal lighting. Municipal lighting installed for the benefit of public health, safety and welfare including, but not limited to, traffic control devices, street lights and construction lighting. 3. Temporary lighting. Any person may submit a written request to the Community Development Director for a temporary exemption request. If approved, the exemption shall be valid for not more than fourteen (14) days from the date of issuance of a written and signed statement of approval. An additional fourteen (14) day temporary exemption may be approved by the Director. The Director shall have the authority to refer an application for a temporary exemption to the Planning and Zoning Commission or the Historic Preservation Commission if deemed appropriate. A temporary exemption request shall contain at least the following information: a. Specific exemption or exemptions requested; b. Type, use and purpose of outdoor lighting fixtures involved; c. Duration of time requested for exemption; d. Type of lamp and calculated lumens; e. Total wattage of lamps; f. Proposed location on premises of the outdoor light fixtures; g. Previous temporary exemptions, if any; h. Physical size of outdoor light fixtures and type of shielding provided; and 26-5-92 Supp. 3 Such other information as may be required by the Community Development Departrnent Director. 4. Approved historic lighting fixtures. Nonconforming lighting fixtures which are consistent with the character of the historic structure or district may be exempted with approval from the Historic Preservation Officer or Historic Preservation Commission. Approved fixtures shall be consistent with the architectural period and design style of the structure or district and shall not exceed fifty (50) watts. 5. Decorative lighting elements, such as shades with perforated patterns and opaque diffusers, may be exempted from the fully-shielded requirement provided they do not exceed fifty (50) watts. 6. If a proposed lighting plan or fixtures are proposed that do not meet this Code but that have demonstrable community benefit, an exemption may be considered. The applicant shall submit additional information to adequately assess the community benefit for approval by the Community Development Director. I. Prohibitions. The following types of exterior lighting sources, fixtures and installations shall be prohibited in the City of Aspen. l. Light sources shall not be affixed to the top of a roof or under a roof eave, except where required by Building Code. 2. Lighting for the purpose of illuminating a building facade shall be prohibited when such lighting is mounted to the ground or poles or is mounted on adjoining/adjacent structures. 3. Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity and changing color lights and internally illuminated signs shall be prohibited, except for temporary holiday displays, lighting for public safety or traffic control or lighting required by the FAA for air traffic control and warning purposes. 4. Mercury vapor and low-pressure-sodium lighting shall be prohibited due to their poor color rendering qualities. 5. Linear lighting (including but not limited to neon and fluorescent lighting) primarily intended as an architectural highlight to amact attention or used as a means of identification or advertisement shall be prohibited. 6. Unshielded floodlights and timer controlled flood lights shall be prohibited. 7. Lighting directed toward the Roaring Fork River or its tributaries. 8. No outdoor lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares. The following is prohibited: a. Any fixed light not designed for roadway illumination that produces direct light or glare that could be disturbing to the operator of a motor vehicle. b. Any light that may be confused with or construed as a traffic control device except as authorized by State, Federal or City government. 9. No beacon or search light shall be installed, illuminated or maintained. l0. Up-lighting is prohibited, except as otherwise provided for in this Section. L.U.R. — Supplementary Regulations — Timeshare Development §26.590.090 J. Nonconforming lighting. Unless otherwise specified within this Ordinance, within one (1) year of the effective date of this Ordinance, all out door lighting fixtures that do not conform to requirements of this Ordinance must be replaced with conforming fixtures or existing fixtures must be retrofitted to comply. Violations shal] be corrected within sixty (60) days of being cited. Until that time, all existing outdoor lighting fixtures that do not already comply shall be considered legal nonconforming fixtures. K. Review standards. l. Height. Outdoor residential and commercial lighting shall be twelve (12) feet or less above grade in height. Special review by the Planning and Zoning Commission may allow lighting of a greater height under the following circumstances: (a) A fixture at a greater height is required due to safety, building design or extenuating circumstances in which case the light shall be fully shielded with a nonadjustable mounting; or (b) Lighting for commercial parking and vehicle circulation areas may have a maximum height of twenty (20) feet above grade and shall be fully shielded 2. Foot-candles. Outdoor nonresidential (26.575.070), Sign (26.575.080) and Residential (26.575.090) Lighting standards shall not exceed the foot-candles designated in their respective Sections. Special review by the Planning and Zoning Commission may allow lighting of a greater intensity under the following circumstances: a. A fixture of a greater light intensity is required due to safety, building design or extenuating circumstances in which case the light shall be fully shielded with a nonadjustable mounting; or b. An architectural or historical feature requires greater illumination, in which case the light shall be fully shielded with a nonadjustable mounting. L. Procedures. l. Administrative review procedures. Lighting plans submitted in conjunction with applications for subdivision, planned unit development, development within any environmentally sensitive area or special review application shall be reviewed by the Planning and Zoning Commission. 2. Lighting plans submitted as a part of a building permit application for a commercial or multi- family structure shall be reviewed administratively by the Community Development Director. The Director shall have the authority to refer an application to the Planning and Zoning Commission or the Historic Preservation Commission ifdeemed appropriate. 3. Appeals. Any appeals related to decisions regarding outdoor lighting shall be made to the Board of Adjustment compliant with the procedures in the Appeals Chapter 26.316 of this Title. (Ord. No. 47-1999, § 1; Ord. No. 52-2003, §§ 16-20) Sec.26.575.160. Dormitory. Occupancy of a dormitory unit shall be limited to no more than eight (8) persons. Each unit shall provide a minimum of one hundred fifty (150) square feet per person of net living area, including sleeping, bathroom, cooking and lounge used in common. Standards for use and design of such facilities shall be established by the City's housing designee. 26-5-92 Supp. 3 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 8, 2007 SUBJECT: A request for final approval of a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for public utilities installations, located at 169 North Frontage Road West, Lot 2, Middle Creek Subdivision and setting forth details in regard thereto. (PEC07- 0060) Applicant: Cricket Communications, Inc, represented by Mike Sharlow Planner: Nicole Peterson I. DESCRIPTION OF THE REQUEST The applicant, Cricket Communications, Inc, represented by Mike Sharlow, is requesting a conditional use permit, pursuant to Section pursuant to Section 12- 9C-3, Vail Town Code, to allow for public utilities installations at the Sprint Tower, located at 169 North Frontage Road. Based upon Staff's review of the criteria outlined in Section VI of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of this request subject to the findings and conditions noted in Section VII of this memorandum. A vicinity map (Attachment A), the applicant's request (Attachment B), and architectural plans (Attachment C) have been attached for reference. II. BACKGROUND Middle Creek III. ROLES OF REVIEWING BODIES Order of Review: Generally, conditional use permit applications will be reviewed by the Planning and Environmental Commission, and then any accompanying design review application will be reviewed by the Design Review Board. Planninq and Environmental Commission: The Planning and Environmental Commission is responsible for final approval, approval with modifications, or denial of a conditional use permit application, in accordance with Chapter 12-16, Conditional Use Permits, Vail Town Code. Desiqn Review Board: The Design Review Board has no review authority over a conditional use permit application. However, the Design Review Board is responsible for the final approval, approval with modifications, or denial of any accompanying design review application. Town Council: The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. V. APPLICABLE PLANNING DOCUMENTS A. Town of Vail Zoning Regulations Article 12-9C: General Use (GU) District (in part): 12-9C-1: PURPOSE: The general use district is intended to provide sites for public and quasi-public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in section 12- 1-2 of this title and to provide for the public welfare. The general use district is intended to ensure that public buildings and grounds and certain types of quasi-public uses permitted in the district are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. 12-9C-3: CONDIT/ONAL USES: A. Generally: The following conditional uses shall be permitted in the GU district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Public utilities installations Chapter 12-16: CONDITIONAL USE PERMITS (in part): 12-16-1: PURPOSE; LIMITATIONS: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. IV. ZONING AND LAND USE Zoning: General Use (GU) District Surrounding: West - Natural Area Preservation (NAP) District East - Housing (H) District North - Natural Area Preservation (NAP) District South - Housing (H) District Land Use: Public/Semi-Public Surrounding: West - Open Space East - High Density Residential North - Open Space South - High Density Residential VI. REVIEW CRITERIA AND FINDINGS The following review criteria and findings for a Conditional Use Permit are established by Section 12-16-6, Vail Town Code. Review Criteria Relationship and impact of the use on the development objectives of the Town. Since public utilities installations are allowed as conditional uses within the General Use District, Staff believes this proposal is consistent with the Town's development objectives. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff does not believe this proposal will affect the light and air, distribution of population, transportation facilities, schools, parks and recreation facilities, and other public facilities needs. Staff believes this proposal will have a positive affect on utilities by providing additional services to Vail's businesses and residents. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff does not believe this proposal will affect automotive or pedestrian traffic. 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. The applicant is proposing to utilize the vacant facilities of the existing tower and add three (3) new antennas. Since multiple telecommunications antennas are currently mounted to the tower and the proposed are similar in size, style, and color as the existing antennas; Staff does not believe this proposal will have a significant negative affect on the character of the area in comparison to existing conditions. Findings The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: That the proposed location of the use is in accordance with the purposes of this title and the purposes of the zone district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. That the proposed use will comply with each of the applicable provisions of this title. VII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission approve, with conditions, the applicant's request for a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for public utilities installations, located at 169 North Frontage Road West, Lot 2, Middle Creek Subdivision and setting forth details in regard thereto. Staff's recommendation of approval, with conditions, is based upon the review of the criteria described in Section VI of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this request; the Community Development Department recommends the Commission pass the following motion: The Planning and Environmental Commission approves the applicant's request for a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for public utilities installations, located at 169 North Frontage Road West (Sprint Tower), Lot 2, Middle Creek Subdivision and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve this request, the Community Development Department recommends the Commission makes the following findings: 1. That the proposed location of the use is in accordance with the purposes of this title and the purposes of the General Use District. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of this title, based upon the review outlined in section VI of Staff's October 8, 2007 memorandum to the Planning and Environmental Commission. Should the Planning and Environmental Commission choose to approve this request; the Community Development Department recommends the Commission pass the following conditions: 1. The applicant shall remove any obsolete telecommunications equipment from the Sprint Tower prior to requesting final Town of Vail construction inspection. 2. The conditional use permit is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. VIII. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. 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" f � �� U �� ,� � �,CY„ �e�- r � . : r� �r ..Se r'.�r . z-.�� , � ��„ �j ;,, � ATTACHMENT B Septeinber 23, 2007 Nicole Peterson Cominunit�- Developinent Depa�-tinent To�� n Of Vail 75 S.Frontage Road Vail, CO 816�7 RE: Nairative to Cricicet Cominunication's Co-location Application at 169 N. Frontage Road (Q�vest Building\Sprint To�ver) Dear Nicole Peterson, Cricl�et Coininunications is seeking the Depa�tinent's approval to assume Q«-est Wireless' vacated cellular\PCS facility at 169 N. Frontage Road, as kno�vn as the Q��est Coininunications S��itch. Q��est's ��ireless division decoininissioned this site several �-ears ago and sold the equipment shelter and to�ver portions of the site to Sprint. Cricket Coininunications is proposing to utilize the vacant half of Sprint's t«o cai�ier shelter for its base raclio equipment. to re-energize the eiisting electrical sub-meter for po�ver. and re-use the coai bridges fi�om the shelter to the to« er. �' 1 I Vacate Shelter Space, coax cable mo�rtns, and electical meter that Cricket will be using ��,.�--__, �'t�������1.1*�(��, � " l � 'f�ih�:���. ��` � �.. ��EfSEF1@L ^� f� I I 4 ; P �1 ' _ � �� � � � '_, All cabluig, eicept that sho�vn in the picture �bove �vill be run on the ulside of the to�ver. Cricicet �tiould also use the to��-er to add three panel antennas to the to��-er. The antennas ��ould be flush inounted and painted to inatch the aggregate veneer of the to�i er identical to the antennas currentl�- on the buildiug. C r icket P rnpe�sed Arakenna at 170' an East U4Fall at 140' (One „ Antenna Not Shown a � o , ! a} �� �becausec+fPhoGSAngle) �'�ia�t�l1! 4^i1����1 ���=��i��ll� '�,����9�i�d��a� ii s���I'G���� Y,: �' "1��p ��6}�fBl� , i �I� � I� 1�� � � 1 PI �I ,II� I � �. � ���I,al'��i��9V � r � � � _ � Iii4 _ ,s:� _ . _ , -= - t, , � -; YV�ry`I �' , _ CricketPropased � � � ,�����.������MWlll�lip �du °�. , ' Antennas at280" � 5 ��i�. � � ,�, dnd 18Q" �k �0�, .m! i�� �„ � ` {One Each) `� ; �,,,;� '. �—_ _ti '� ,� ._ G �--� i �' �. s�, _ ' ¢' r� ;�;; ''° ��a+� � L� �V� �5� .' �, ,i . . `� t k . � ,. � % t r� �, , ,. , ., , � � , . w y� � � .�; �t �s J a� ���.�i6 � i� `�"✓ � y"� � � . �1� ., � � L� ri P�: ���� ..a'� � _. _ ��'�� 1 � �i� � � I . 4i n � . . . -..� - F. ��'^ ��, P �i �S� A � ,i::. �q.;... ��,s �/ �� �h'�. _� _ --'C '�k µ ���^''I ! �!'�� � . ���� �i �t r ', �'a� p,� � _ __.. � h �� h � �9 ' ��� . �� ��'i�. '* � � _ `r � . d � n „ - M 1' � r , � �� : � --�i ! i � � ,� � ' � � � ��z � �,. � � � i- , r � ��� $� � :ti� � '1 'M� r �` �. y ,� ..���,�_:!�►-��-- �t,��""- � � �� �� -- , � � � I . ' �f , � ' , t � � , . z�-,� '��" �., �"` +� � �Y�� � �. � � �� � '" � Please don't hesitate call if �-ou have any questions or need an�- aclditional inforination. Sincerel�- Mike Sharlow Mike Sharlow Cricket Communications Site Development Contractor PO Box 23873 Silverthorne CO 80498 970-485-2996 Mksharlow1 @gmail.com � ATTACHMENT C 10 ATTACHMENT D �4 hli J/ '�i V� f�11rV y� �+ ■�x'y� �{ s/+T y[ 1� /�y ���� � ! �lY! I�CM 4 M��d..b [ 4 �ST� ��V���� i��$i.��.. ������ �QTI�E �S HEREQ�( ��'V�hf tha� tF�e �Ianni�g a�d E�tvironm�r��l G�rmrnissi�r� af the i�swr� ca� Vail wiil h�o�d � p�a�1i� h��rirrc� �r� �cct�rc��nce wittt s�cti�n 12-3-6, Vai9 T�+aurt �c�d�, on C��cta�b�.r 8, Z��U�, �t 1;i�� pm in #he �`�wn �f V�i! ��r�i�ipaS ��if�ing, �n c�r��id���tdon of: A req�es# f�or � fir�a! r�cc�rr�m�nd�fic�n ti� the Vail 7c�wrt Cous�ci9 far � x.�n� distri�t boun��r�r art�end�aa�n�� p�ts.€���t to S�c#�r�r► �2-3�7, ,A�ra�r�dm�nt� V�fl iawn Cad�, tsa �ll�r+�r iQr a r���ning of a pr�a�r#y �rvrn H�gh IJ�r��it� PU9�I�ip��r���i�y (HE�1G�F) �i�#ri�t ta Fi��t�i�roc� �}�9� ���krict, �ocate� �t �01 �I�rth Frant�ge R�a�da �+�t 8. Blvck �, �i�Bl Pr�t�#o Pa#ct� �r�t9 s�t��rag f�rt� detai�s in �`�gsrd ih���t�r. �PECai-��9} Appii�c��4' ��nr�er�2�l� �roper�ias„ kr��., re�r��n#�d �ry Ca�aa#hr�ey Prai# ��h��t� A�r�hite�5 Plan�e�: �cvt I�ur�r� A� rec�ue�t �cr a fir��i ��cvmsn�rad�tio� t� #'�� l��il Town ��uracil ft�r a prescrib�ci regul�t�o�s �r�enci�rr�nt t�a ��-61-3, ��n�dic6r�nai �t�s; L'a�f �c�+�-� Cv��, a�d �c� ��c#�4n 12-i6-7, �d�e Speci€i�c Gritari� Ar� ���n�dar�s, V�if T�+rvr� ��de, pur�su�n# �e�it�n '�2-3-7, Am�ndmeni, V��I ic�+,n��r ��ie��, t�r al�€�m�r fdr p�fv�si�n�N eff'rces ��ad bta��r�ess offices �s condikkor��i us�.s, �csc���ct �� �� �l�r�� Fr�ar�tag� I���d, �at �, �ioc�c 2, V�ii �"�tat� �aieh �nd s�t€�r�g� fa�t� t3�#�il� �n regac�# #hereto. �PE�07-Q059� Appl�ca�at� �on��n2�lp Pr�perti�s> 3n�., repr�s�nked I�y Cwathrn�y �r�t� Sci-sultz A�cksileCts Planner: Sco! F#�nn A re�ue�t �c�r � fur��l �pp�vv�i of � Corar�iiicyn�E u�s perrnlae pu�'suant ta S�c�ion 'f2-9C-�, ����i�#��+��E �Js��, '�+'�i� i[awrt �€�d�, t�+ al��w fcar ��u��PC utiii�6e� inst�ll�ti�n�, �ac�tted �t 169 �la�h �r�re4�g�e �Qad V�J��. Lr�t 2, Midd�e ��c��lt Su�division ar��d s�tting fcrrth [�e�31s in �eg��d ��t���d�, ��'�C��-��t?} A�apibca�#: G��ck�t ��vmr��snic�ti�n$, fnc,, repr���arr��i by M4ke �harl�ur �'�an�er: �li�o�e Pe��rsa�n �'k�e app�a�ti�an� and in�arrrt�ta�in at�crut the propa�ls ar� �va9�ab'� f��° �,fi��ic in�pectE�n �luring �4�EEi� i��urs at #he 7ouun af 1ia�i �onram+ankty ��veic�pmant De�arkm�r�t, i� ��u#h Fro�Fa�� k���d. �he ps�b��� is invD#�d tc� �it�nd p��je� vai��t�t�c�n ���d t�� sQi� rr�s�#s tha3 ����d�: the p��Ei� �ear�r�g i� t�r�e To�rrn �f'V�al G�rr�mur�ity �ewel�prnerat ��p��t�t'n�a�#. F�lease ��1� �7�•�7���1�� �or �ddi�iran�l i�fiorrr�ation. Sig� €�r�g���� i����pr+�t��ion is a+aailab�� u�an re+�t��st,'�vith �4-E�aur na3i�i�a���n. P9e�s� ��919T0-�79-2���, 7�G�:�l��n� for ktte F°���ri�ng 3���ored„ far i�r€ca��ty�r�. P�bBish�d Se�a��rr��er 21, 2.�€3i, in t�� Vaii p��Iy. 11 PLANNING AND ENVIRONMENTAL COMMISSION June 23, 2008 12:00 Noon TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Michael Kurz (departed at 3:30) Sarah Paladino Rollie Kjsebo Bill Pierce Scot Proper Susie Tjossem David Viele 60 Minutes 12:00 pm (Lunch Provided) Transit Oriented Development Presentation — Michael Yerman Parking Task Force — Greg Hall There was a great deal of discussion about the impact of construction laborers parking in the parking structures. There was no official recommendation, but it was agreed that a proactive approach was needed. It was generally agreed that construction labors should not be the only ones to bear the burden of mitigating the issues. It was suggested that numbers and dollars need to be gathered to quantify the decreases in sales tax and when they are occurring and is the macro economic condition in the U.S. affecting Vail. The Commission asked that the Parking Task Force return with their recommendations prior to going to Council. Greg Hall thought he would be back in August. 45 minutes A request for a final recommendation to the Vail Town Council of a proposed update and review of the Vail Village Master Plan, pursuant to Section VIII-C, Adoption, Extensions, and Amendments, Vail Village Master Plan, to affirm the applicability and purpose of the Master Plan, located within the boundaries of the adopted Master Plan/(a complete legal description is available for inspection at the Town of Vail Community Development Department upon request), and setting forth details in regard thereto. (PEC080020) Applicant: Town of Vail Planner: George Ruther ACTION: Tabled to July 14, 2008 MOTION: Kjesbo SECOND: Proper VOTE: 5-0-0 George Ruther presented an overview of the application and the Staff inemorandum. Commissioner Viele stated that he felt Policy 1.2.2 was a negative incentive to redevelopment. He further added that he felt that property owners should be consulted prior to beginning this process. George Ruther stated that Policy 1.2.2 could be written not to have a negative impact or tone. He further added that he intends to meet with property owners prior to requesting a final recommendation on this proposal. There was subsequent discussion about this policy and the involvement of the property owners. Steve Hawkins, representing the Mountain Haus stated that the owners he represented supported the amendments as written. Page 1 Jim Lamont, Vail Homeowners Association, suggested that there should be an online process for participating in this process, not just face to face meetings. He conveyed an underlying concern of his constituents was that if it was the Town's desire to use the public right-of-way to gain control over development that would looked upon as inappropriate. He suggested that language be added stating that the public right-of-way would not be withheld that may resolve the concerns. Commissioner Kurz departed at 3:30. The Commission and public subsequently reviewed each Goal statement and the associated Policies and Action Steps. 20 Minutes 2. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulation amendments to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. (PEC080103) Applicant: Town of Vail Planner: Bill Gibson ACTION: Recommendation of approval MOTION: Kjesbo SECOND: Viele VOTE: 6-0-0 Item Number 2 was heard prior to Item Number 1 on the agenda. Bill Gibson presented an overview of the application and the Staff inemorandum. There was no public comment. The Commissioners commended Staff for the proposed amendments. 2 Minutes 3. A request for a final recommendation to the Vail Town Council, pursuant to 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Section 14-10-7, Outdoor Lighting, Vail Town Code, to allow for amendments to the outdoor lighting standards, and setting forth details in regard thereto. (PEC080032) Applicant: Town of Vail Planner: Bill Gibson ACTION: Table to July 14, 2008 MOTION: Kjesbo SECOND: Tjossem VOTE: 5-0-0 4. Approval of June 9, 2008 minutes MOTION: Tjossem SECOND: Kjesbo VOTE: 5-0-0 5. Information Update 30 Minutes Environmental Strategic Plan - Bill Carlson Bill Carlson gave a power point presentation on the current status of the Environmental Strategic Plan draft. The Commission provided feedback on several of the goals, objectives, and policies. 6. Adjournment MOTION: Kjesbo SECOND: Proper VOTE: 5-0-0 Page 2 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published June 20, 2008, in the Vail Daily. 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(PEC080036) Applicant: Town of Vail Planner: Nicole Peterson A request for a recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12- 9(A), Special Development District, Vail Town Code, to allow for the enclosure of a pedestrian pathway through the southwest wing of the approved structure and creation of commercial square footage; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC080034) Applicant: Solaris LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell A request for a final review of a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for public utilities installations, located at 145 North Frontage Road West, Lot 1, Middle Creek Subdivision and setting forth details in regard thereto. (PEC080031) Applicant: Cricket Communications Inc., represented by Mike Sharlow Planner: Nicole Peterson The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. 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