HomeMy WebLinkAbout2009-1026 PEC�y
�� �� �r.
� � �.
i. �-����
MEMBERS PRESENT
Site Visits:
No Site Visits
Training:
PLANNING AND ENVIRONMENTAL COMMISSION
October 26, 2009
1:OOpm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS ABSENT
1. Housing Zone District regulations and process — preparation for October 27, 2009
Joint Work Session scheduled to begin at 2:00 PM. 30 minutes
90 minutes
2. A request for a final recommendation to the Vail Town Council for prescribed regulations
amendments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town
Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to provide regulations that will
implement sustainable building and planning standards, and setting forth details in regard
thereto. (PEC090028)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION:
MOTION: SECOND: VOTE:
5 minutes
3. A request for final review of conditional use permits, pursuant to Section 12-71-5, Conditional
Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow
for the development of a public or private parking lot (parking structure); a vehicle maintenance,
service, repair, storage, and fueling facility; a ski lift and tow (gondola), within "Ever Vail" (West
Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South
Frontage Road West right-of-way/Unplatted (a complete legal description is available for
inspection at the Town of Vail Community Development Department), and setting forth details in
regard thereto. (PEC080063)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to November 23, 2009
MOTION: SECOND: VOTE:
5 minutes
4. A request for a final review of major exterior alterations, pursuant to Section 12-71-7, Exterior
Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the area known
as "Ever Vail" (West Lionshead), with multiple mixed-use structures including but not limited to,
multiple-family dwelling units, fractional fee units, accommodation units, employee housing units,
office, and commercial/retail uses, located at 862, 923, 934, 953, and 1031 South Frontage
Road West, and the South Frontage Road West right-of-way/Unplatted (a complete legal
description is available for inspection at the Town of Vail Community Development Department),
and setting forth details in regard thereto. (PEC080064)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to November 23, 2009
MOTION: SECOND: VOTE
Page 1
5 minutes
5. A request for a final recommendation to the Vail Town Council for prescribed regulation
amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-
10-19, Core Areas Identified, Vail Town Code, to amend the core area parking maps to include
"Ever Vail" (West Lionshead) within the "Commercial Core" designation, and setting forth details
in regard thereto. (PEC080065)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to November 23, 2009
MOTION: SECOND: VOTE:
5 minutes
6. A request for a final recommendation to the Vail Town Council for a zone district boundary
amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning of
properties from Arterial Business District and unzoned South Frontage Road West right-of-way
which is not zoned to Lionshead Mixed Use-2, properties known as "Ever Vail" (West
Lionshead), located at 953 and 1031 South Frontage Road West and South Frontage Road
West right-of-way, (a complete legal description is available for inspection at the Town of Vail
Community Development Department), and setting forth details in regard thereto. (PEC080061)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to November 23, 2009
MOTION: SECOND: VOTE:
5 minutes
7. A request for a work session to discuss prescribed regulations amendments, pursuant to Section
12-3-7, Amendment, Vail Town Code, to Title 12, Zoning Regulations, Vail Town Code, and
setting forth details in regard thereto. (PEC090017)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION: Table to November 9, 2009
MOTION: SECOND: VOTE:
5 minutes
8. A request for a final recommendation for the adoption of the Frontage Road Lighting Master
Plan, an element of the Vail Transportation Master Plan, and setting forth details in regard
thereto. (PEC090014)
Applicant: Town of Vail, represented by Tom Kassmel
Planner: Bill Gibson
ACTION: Table to November 9, 2009
MOTION: SECOND: VOTE:
5 minutes
9. A request for a work session to discuss a conditional use permit, pursuant to Section 12-9C-3,
Conditional Uses, Vail Town Code, to allow for the construction of public buildings and grounds
(fire station), located at 2399 North Frontage Road/Parcel A, Resub of Tract D, Vail Das Schone
Filing 1, and setting forth details in regard thereto. (PEC090019)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Table to November 9, 2009
MOTION: SECOND: VOTE:
10. Approval of October 12, 2009 minutes
MOTION: SECOND: VOTE:
11. Information Update
Page 2
12. 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 October 23, 2009, in the Vail Daily.
Page 3
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: October 26, 2009
SUBJECT: A request for a final recommendation to the Vail Town Council for prescribed
regulations amendments to Title 12, Zoning Regulations and Title 14, Development
Standards, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to provide regulations that will implement sustainable building and planning
standards, and setting forth details in regard thereto. (PEC090028)
Applicant: Town of Vail, represented by Kristen Bertuglia
Planner: Rachel Friede
I. PURPOSE
The applicant, the Town of Vail, is requesting a final recommendation to the Vail Town
Council for prescribed regulations amendments to Title 12, Zoning Regulations and Title 14,
Development Standards, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail
Town Code, to provide regulations that will implement sustainable building and planning
standards, and setting forth details in regard thereto.
Staff requests that the Planning and Environmental Commission forward a recommendation
of approval, approval with modifications, or denial, of this application.
I I. BAC KG RO U N D
On January 6, 2009, Staff held a work session with the Vail Town Council to introduce the
2009 Code Revision Project. Council members provided comment on the project, including
highlighting a need to achieve "green" building standards, and to avoid having lengthy
policy discussions about existing regulations such as Gross Residential Floor Area (GRFA).
On January 22, 2009, the Vail Town Council instructed Staff to begin a code analysis and
gain feedback from the PEC and other committees in order to proceed with the 2009 Code
Revision Project. As a part of the 2009 Code Revision Project, Staff is revising Title 12,
Zoning Regulations. The 2009 Code Revision Project has identified the following problem
statement:
The Town's first zoning code was adopted in 1969, and since then, the code has been
amended hundreds of times. Most amendments were made one at a time and as a
reactive response to a present concern. Thirty years of amendments have taken a toll
on the Town's zoning code. As a result, the format of the code is fragmented and
disorganized. The language is inconsistent and lacks clarity. In addition, some policies,
regulations and procedures are outdated. The purpose of the 2009 Code Revision
Pro�ect is to re-establish consistency, clarity and accuracy of the Town's zoning code.
The goals of the 2009 Code Revision Project are as follows, in no order of priority:
1. Integrate green standards and guidelines.
2. Streamline the process and procedures for development review.
3. Ensure consistency among regulations and planning documents.
4. Increase efficiencies and cost savings in the development review process.
5. Eliminate outdated, ineffective and unnecessary provisions within the development
titles.
6. Reaffirm existing policies and adopt new policies to clarify direction.
7. Maintain current with industry practices and standards.
8. Ensure support from the community through public process.
Staff has undertaken developing the Sustainable Building Initiative (SBI) as a specific task
identified under Resolution 1, Series of 2009, adopting the Environmental Sustainability
Strategic Plan. This has been tied into the aforementioned 2009 Code Revision Project,
and will be included in amendments to Titles 12 and 14. The purpose statement, goals and
scope of the SBI are as follows:
Purpose: The purpose of this initiative is to protect the Town of Vail public and
environmental health, safety and welfare by regulating construction with the intent to
conserve energy, water and other natural resources, preserve and protect the health of
our environment through optional and mandatory requirements related to energy
efficiency (e. g. insulation, efficient lighting, outdoor energy use mitigation program,
minimum efficiency on HVAC equipment, etc.) construction waste management, site
disturbance, landscape and irrigation, and reclaimed/recycled/recyclable building
materials.
Goal: To both incorporate sustainable building and design practices into the Vail Town
Code and create a user-friendly guide%hecklist for Sustainable Building Initiative (S81)
elements in order to effectively achieve the Town's adopted goals of reducing
community energy consumption by 20% by 2020, and decreasing landfill contributions
b y 10 % within 5 years and 25 % within 10 years.
Scope: The Town of Vail S81 aims to be "practically green" by including only practical,
measurable, and enforceable actions to increase the Town's environmental
stewardship.
Staff is consulting various stakeholders including the PEC, DRB, Town Council, a newly
created citizen task force, as well as members of the general public. An analysis is being
conducted on Title 12, Zoning Regulations, which will result in a report that will soon be
distributed in volumes for review.
On June 22, 2009, Staff held a work session with the PEC on a number of policy questions,
with all Commissioners' recommendations applied to the proposed regulations. On July 21,
2009, the Vail Town Council instructed Staff to continue the process and to adjust timelines
for this project. Staff held a public SBI workshop on July 24, 2009, to gain community
feedback on proposed SBI requirements. Two work sessions were held with the PEC on
this topic, where feedback was obtained and is reflected in the description of the request.
Proposed Energy Conservation Measures - Update
The Vail Town Council adopted Ordinance No. 18, Series of 2009, on October 20, 2009:
2
AN ORDINANCE REPEALING AND REENACTING CHAPTER 10-1, BUILDING
CODES, VA1L TOWN CODE; ADOPTING 8Y REFERENCE THE 2009 EDI TIONS
OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL RESIDENTIAL
CODE, INTERNATIONAL FIRE CODE, INTERNATIONAL MECHANICAL CODE,
I NTERNA TIONAL PL UMBI NG CODE, I NTERNA TIONAL FUEL GA S CODE,
INTERNA TIONAL ENERG Y CONSERVA TION CODE, INTERNA TIONAL
PERFORMANCE CODE; 2008 EDI TION OF THE NA TIONAL ELECTRI CAL CODE;
199 7 EDI TION OF THE UNI FORM CODE FOR THE ABA TEMENT OF
DANGEROUS BUILDINGS: AND WI TH REGARD TO THE ABOVE-DESCRIBED
CODES, ADOPTING CERTAIN APPENDICES AND AMENDMENTS, AND
SETTING FORTH DETAILS IN REGARD THERETO.
As part of the Sustainable Building Initiative, with input from the S81 Committee, the Town
of Vail Building Board of Appeals, the Planning and Environmental Commission, and the
community, severa/ amendments were proposed and adopted through Ordinance NO. 18 to
strengthen the requirements of the 2009 International Energy Conservation Code and the
2009 International Fuel Gas Code to promote increased energy efficiency in the Town of
Vail. Those amendments follow:
TI TLE 10: BUILDING REGULA TIONS
10-1-10: AMENDMENTS TO THE 1NTERNA TIONAL ENERG Y CONSERVA TION
CODE:
The following amendments are hereby made to the 2009 Edition of the International
Energy Conservation Code:
SECTION 101.4 — COMPLIANCE: This section is hereby amended with the addition
of the following language: The latest editions of Rescheck and Comcheck Software,
as developed by the United States Department of Energy, may be used to
demonstrate compliance with the 2009 Edition of the International Energy
Conservation Code.
SEC TION 303.1. 3- FENES TRA TION PROD UC T RA TI NG: This section is h ereb y
amended as follows: U-factors of fenestration products (windows, doors and
skylights) shall be determined in accordance with NFRC 100 by an accredited,
independent laboratory, and labeled and certified by the manufacturer. Products
lacking such a labeled U-factor shall be assigned a default U-factor from table
303.1.3(1) or 303.1.3(2), or the designer may submit calculated U-values for review
by the Chief Building Official using methods set forth in Edition of the ASHRAE
Fundamentals chapter 30, page 30.4, "U-Factor (Thermal Transmittance) —
Determining Fenestration U-factors. "
TABLE 402.1.1 - INSULATION AND FENSTRATION REQUIREMENTS BY
COMPONENTS: This table is hereby by amended by the addition of footnote h to
read as follows: The fenestration U- factor for the Town of Vail shall be .30 for all
new one and two family dwelling units.
SECTION 402.4.2.1 - TESTING OPTION: This section is hereby amended with the
addition of the following text: The testing agency shall be approved by the Town of
Vail Chief Building Official.
3
SECTION 403.9.3 - POOL COVERS: The exception to this section is hereby
deleted in its entirety.
SECTION 403.6 - EQUIPMENT SIZING (MANDATORY): This section is hereby
amended as follows: Heating equipment shall be sized in accordance with ASHRAE
Chapter 17 for residential occupancies and Chapter 18 for nonresidential
occupancies. All gas fired boilers and furnaces shall have a minimum efficiency of
ninety-two percent (92%) AFUE.
10-1-8 AMENDMENTS TO THE 1NTERNA TIONAL FUEL GA S CODE:
SECTION 411. 4- FIRE PI TS: This section is hereby added to this Code as follows:
Fire pits serving all residential units require automatic shut-off controls with a
maximum timer of thirty (30) minutes and may only be served by a%" gas pipe.
III. DESCRIPTION OF THE REQUEST
The following topics of discussion are aspects of the proposed Sustainable Building
Initiative that are related to Title 12, Zoning Regulations, and Title 14, Development
Standards, Vail Town Code. Within each topic, Staff identifies the current regulations and
policies, issues and recommendations.
1. Watercourse Setback
Currently, the regulations require a minimum setback of 50 feet from the centerline of
Gore Creek and 30 feet from all other established tributaries. This regulation was
enacted by Ordinance No. 19, Series of 1976, in order to "provide for proper land
development and use." As is the case with other established setbacks, there are
certain encroachments permitted into the setback from watercourse. This includes a
ten-foot encroachment by at-grade patios, as well as five-foot encroachment by above-
grade decks. There is no limit on disturbance during construction, nor are there clear
limitations on vegetation and other non-structural improvements.
The pertinent regulations are as follows:
12-14-17: SETBACK FROM WA TERCOURSE: Minimum setback from a creek or
stream shall be not /ess than thirty feet (30 ) from the center of the established creek
or stream channel as defined by the town comprehensive plan base maps;
provided, however, that the setback from Gore Creek shall be fifty feet (50 ).
Natural creek or stream channels may not be rechanneled or changed.
14-10-4: ARCHITECTURAL PROJECTIONS, DECKS, BALCONIES, STEPS, BAY
W/NDOWS, ETC.:
A. Architectural pro�ections including eaves, roof overhangs, awnings, louvers, and
similar shading features; sills, belt courses, cornices, and similar features; and flues
and chimneys may pro�ect not more than four feet (4 ) into a required setback area
or into a required distance between buildings.
8. Porches, steps, decks or terraces or similar features located at ground level or
within five feet (5) of ground level may pro�ect not more than ten feet (10) nor more
than one-half (1/2) the minimum required dimension into a required setback area, or
0
may pro�ect not more than five feet (5) nor more than one-fourth (1/4) the minimum
required dimension into a required distance between buildings. Steps that form an
exit discharge may pro�ect into a required setback area to the degree necessary to
conform with the adopted building code's means of egress standards, at the
discretion of the administrator.
C. Balconies, decks, terraces, and other similar unroofed features pro�ecting from a
structure at a height of more than five feet (5) above ground level may pro�ect not
more than five feet (5) nor more than one-half (1/2) the minimum required
dimension into a required setback area, or may pro�ect not more than five feet (5)
nor more than one-fourth (1/4) the minimum required dimension into a required
distance between buildings. A balcony or deck pro�ecting from a higher elevation
may extend over a lower balcony or deck but in such case shall not be deemed a
roof for the lower balcony or deck.
D. Fire escapes or exterior emergency exit stairways may pro�ect into any required
setback area or distance between buildings not more than four feet (4 ).
E. Bay windows and similar features extending the interior enclosed space of a
structure may pro�ect not more than three feet (3) into a required setback area or a
required distance between buildings, provided that the total of all such pro�ection
does not exceed more than one-tenth (1/10) the area of the wall surface from which
it pro�ects or extends.
Staff recommended to the PEC that at-grade patios be removed from watercourse
setbacks entirely, because the impervious nature of most at-grade patios leads to
increased stormwater runoff that adversely affects water quality. However, the PEC
directed Staff to continue to allow patios and decks in the watercourse setback. Staff
also recommends that limits of disturbance during construction be limited within the
stream setback, also to prevent adverse effects on the watershed. Additionally,
landscaping within the watercourse setback should be native riparian vegetation, such
as willows.
Recommended amendments to the regulations are as follows:
12-14-17: SETBACK FROM WA TERCOURSE: Minimum setback from a creek or
stream shall be not /ess than thirty feet (30 ) from the center of the established creek
or stream channel as defined by the town comprehensive plan base maps;
provided, however, that the setback from Gore Creek shall be fifty feet (50). Patios
and decks may encroach into watercourse setbacks as established in Title 14.
Construction disturbance shall not encroach more than 15 feet into the
watercourse setback and shall be delineated with a limits of disturbance
fence. Landscape plantings within a watercourse setback shall only consist
of native riparian vegetation. Natural creek or stream channels may not be
rechanneled or changed.
2. Wetlands
Wetlands are a common land feature within the Town of Vail, but regulations for
wetlands are vague and disturbance on or within wetlands requires federal approval
from the Army Corps of Engineers. Town regulations have no clear requirements for
�
limits of disturbance. The protection of wetlands is essential because wetlands act as a
filter, ensuring clean water enters the aquifer.
The current regulations for wetlands are as follows:
14-7-2: OTHER REQUIREMENTS:
A. Wetlands: If staff determines that wetland vegetation exists on the site, a report
conducted by a qualified environmental consultant delineating wetland areas must
be submitted to the Town of Vail and the Army Corps of Engineers in con�unction
with a Design Review Board or Planning and Environmental Commission
application. Approval from the Army Corps of Engineers must be obtained prior to
building permit issuance.
Staff recommends a wetland setback be established to ensure wetlands are protected
from disturbance. Other municipalities have a range of wetland setbacks, anywhere
from ten feet to one hundred feet. The requirement for wetland setback in the
Leadership in Energy and Environmental Design (LEED) program is one hundred feet.
The Army Corps of Engineers approval is still relevant, as it is required by the federal
government.
Recommended amendments to the regulations are as follows:
14-7-2: OTHER REQUIREMENTS:
A. Wetlands: If staff determines that wetland vegetation exists on the site, a report
conducted by a qualified environmental consultant delineating wetland areas must
be submitted to the Town of Vail and the Army Corps of Engineers in con�unction
with a Design Review Board or Planning and Environmental Commission
application. Approval from the Army Corps of Engineers must be obtained prior to
building permit issuance. No improvements, including landscaping, building,
decks, patios or any other alteration, may occur on, over, under or within ten
(10) feet a delineated wetland. No construction staging shall occur within a
delineated wetlands.
3. Roof Design
Roof design in Vail is guided by design guidelines, not standards, which are vague and
lack clarity. Guidelines are recommendations while standards are black and white
requirements. The existing regulations recommend that rooflines should be designs to
limit snow shedding. Shedding of snow has been problematic in the recent past, and
the regulations should require, not recommend, proper design.
The existing regulations are as follows:
14-10-5: BUILDING MATERIALS AND DESIGN:
D. The ma�ority of roof forms within Vail are gab/e roofs with a pitch of at least four
feet (4 ) in twelve feet (12 ). However, other roof forms are allowed. Consideration
of environmental and climatic determinants such as snow shedding, drainage, fire
safety and solar exposure should be integral to the roof design.
E. Rooflines should be designed so as not to deposit snow on parking areas, trash
storage areas, stairways, decks and balconies, or entryways. Secondary roofs,
:
snow clips, and snow guards should be utilized to protect these areas from roof
snow shedding if necessary.
In an effort to reduce heat tape, which is a major burden on energy use, roofs can be
designed to reduce drainage to walkways, driveways, entries, etc. Staff recommends
that these guidelines be changed to requirements, so that all residential structures limit
drainage, and thus, can limit heat tape.
Recommended amendments to the regulations are as follows:
E. Rooflines �"^� �'^' "° shall be designed so as not to deposit snow on parking
areas, trash storage areas, stairways, decks and balconies, or entryways.
Secondary roofs, snow clips, and snow guards should be utilized to protect these
areas from roof snow shedding if necessary.
4. Roof Materials
Currently, the Vail Town Code requires asphalt and fiberglass shingles to be a minimum
of 300 pounds per roofing square. This was enacted to ensure durability and a heavy
shingle to provide visual relief. Since this regulation was enacted, roofing material
technology has advanced, making many materials lighter than 300 pounds per roofing
square, but with the same durability. Many manufacturers do not publish the shingle
weight per roofing square, because each shingle can vary in weight and there is no
guarantee of accuracy.
The existing regulations are as follows:
F. All structures shall have c/ass A roof assemb/ies or shall have c/ass A roof
covering materials, as defined by the adopted building code. The use of concrete
tile, slate, metal, asphalt shingle, fiberglass shingle, and built up tar and gravel
roofing may be permitted. Metal roofing, when permitted, shall not reflect direct
sunlight onto an ad�acent property and shall be surfaced with a low gloss finish or be
capable of weathering to a dull finish. Metal roofing, when permitted, shall be of a
heavy gauge and designed to provide visual relief to the roof surface (including, but
not limited to, a standing seam). Asphalt and fiberglass shingles, when permitted,
shall weigh no /ess than three hundred (300) pounds per roofing square. The use of
wood shake, wood shingles and rolled roofing shall not be permitted. Two-family
and multi-family dwellings shall be required to have uniform roof covering materials,
except when the design review board determines that the materials are compatible,
are integral to the architectural style of the structure and different materials do not
share any ridges or planes, but may share a valley.
In order to reduce the number of times a structure has to be reroofed, thereby reducing
the amount of resources needed, Staff recommends that roof materials, with the
exception of inetal and vegetated roofs, be required to have a 40 year or longer
warranty. Typically, roof materials with a 40, 50 or lifetime warranty meet the required
weight and relief, and additional aesthetic requirements can be added to ensure that
materials provide relief. This also reduces frustration by applicants who are unable to
acquire documentation from manufacturers guaranteeing 300 pounds per roofing
square.
Recommended amendments to the regulations are as follows:
�/
F. All structures shall have c/ass A roof assemb/ies or shall have c/ass A roof
covering materials, as defined by the adopted building code. The use of concrete
tile, slate, metal, asphalt shingle, fiberglass shingle, and built up tar and gravel
roofing may be permitted. Metal roofing, when permitted, shall not reflect direct
sunlight onto an ad�acent property and shall be surfaced with a low gloss finish or be
capable of weathering to a dull finish. Metal roofing, when permitted, shall be of a
heavy gauge and designed to provide visual relief to the roof surface (including, but
not limited to, a standing seam). Asphalt and fiberglass shingles shall have a
minimum of a 40-year warranty. �'"�hon r�ormifforl �h�ll �nioinrh nn lo�� fh�rfh�G
hi �nrlrorl /'.?rlrll r�ni �nrl� r�or rnnfinnr �n►i ��ro The use of wood shake, wood shingles
and rolled roofing shall not be permitted. Two-family and multi-family dwellings shall
be required to have uniform roof covering materials, except when the design review
board determines that the materials are compatible, are integral to the architectural
style of the structure and different materials do not share any ridges or planes, but
may share a valley.
5. Landscaping- Tree Removal
Current regulations on tree removal are vague and confusing. While many applicants
request tree removal of healthy trees to open up a view or reduce crowding, there are
many applications for the removal of dead, dying or diseased trees. With the extensive
removal of trees within the Town of Vail, there needs to be a clear regulation on the
replacement of such trees. The current regulations are as follows:
14-10-3: SITE PLANN/NG:
C. Removal of trees, shrubs, and other native vegetation shall be limited to removal
of those essential for development of the site, those identified as diseased or those
essential for creating defensible space. Mitigation may be required for tree removal.
In order to maintain a canopy of trees within the town, and preserve the character of
Vail as a forested mountain community, Staff recommends that all healthy trees to be
removed shall be replaced foot-for-foot based on the height of the removed tree. While
the number of trees may differ, the foot-for-foot requirement will ensure that a
combination of replacement can occur. Staff recommends that dead or dying trees be
replaced with the same number of trees, although this may be difficult to require
because of the concern over lack of space for trees. Staff also recommends a program
to allow mitigation of trees on other properties. This may help bring trees to properties
that have room, at the expense of the owner who removes trees on their own property.
Recommended amendments to the regulations are as follows:
14-10-3: SITE PLANN/NG:
C. Removal of trees, shrubs, and other vegetation at any time shall be
limited to removal of those essential for development of the site, those damaging
structures, those identified as diseased or those essential for creating defensible
space. "�t�f�^n m�„ ho ronii�irorl fnr froo romn►i�l Healthy trees that are
removed for any reason shall be replaced. The sum of the heights of the
replacement trees shall be at least equal to the sum of the heights of the trees
removed. (For example: if two twenty-five foot trees are removed, the
combined height of replacement trees must be a minimum of fifty feet.) At the
discretion of the Design Review Board, a lesser sum of tree heights may be
planted due to a physical limitation of the site. Replacement trees shall meet
E'�
.
the minimum plant size requirements of Section 14-10-8 of this code. Should
a property not have the ability to plant new trees on site, replacement trees
may be planted on other sites within the Town of Vail with permission of the
o wner.
6. Solar Panels
Solar panels have become a popular source of on-site alternative energy, and the
existing regulations require that panels lie flat on pitched roofs in new construction. In
retrofitting an existing building, panels are allowed to be compatible with design, but are
not required to lay flat on roofs. While many roof angles could accommodate panels to
lay flat, in most cases, panels need to be propped up on roofs at an optimal angle for
solar collection.
Current regulations for solar panels are as follows:
14-10-5: B UI LDI NG MA TERIAL S AND DESI GN:
H. Solar collectors shall lie flat on pitched roofs; however, when retrofitting an
existing building with active solar, the collectors should be designed and placed in a
manner compatible with the overall design of the building.
Staff recommends solar panels, regardless of new construction or existing buildings, be
permitted at any angle that works with the design of the building. This will allow new
buildings to have panels that can be adjusted for the correct sun angle based on the
time of year.
Recommended amendments to the regulations are as follows:
14-10-5: B UI LDI NG MA TERIAL S AND DESI GN:
H. Solar collectors shall �1° fl�f nn r�ifnhorl rnnf�• hn�nio►ior �nihon rof���finnr �n
, ,
�.;�f;n� ",,;'^';n� ,^,;f��f;►,° �^'�r f"° ^^"°^f^r� �"^,.'� be designed and placed in a
,
manner compatible with the overall design of the building.
7. Snowmelt Incentives
In an effort to reduce residential energy use, the topic of limiting or creating an offset
program for snowmelt systems have arisen to achieve energy reduction goals.
However, snow melted driveways have become an amenity of mountain living, that in
some cases, are difficult to travel or maintain without such a system. Staff recommends
that incentives for snowmelting be eliminated. These incentives include a reduction in
snow storage requirements and inclusion of heated walkways and patios in landscaping
calculations.
The first incentive is snow storage requirements. Currently, snowmelted driveways only
require 10% of total driveway size for snow storage, while non-snowmelted driveways
require 30% of driveway size for snow storage. In the event that an owner decides to
turn off their snowmelt system, they will not have enough snow storage for their
driveway. The current regulations are as follows:
14-3-2: O THER REQ UI REMENTS:
D. Snow Storage: All required parking
accommodate on site snow storage (i. e.,
G�
and access areas shall be designed to
within boundaries of lot and not within the
right of way). Turf areas and other areas without trees may be utilized for this
purpose.
1. Unheated drives: A minimum functional area equaling thirty percent (30%) of
the paved area shall be provided contiguous to the paved area and designed
to accommodate snow storage.
2. Heated drives: A minimum functional area equaling ten percent (10%) of the
paved area shall be provided contiguous to the paved area and designed to
accommodate snow storage.
Recommended amendments to the regulations are as follows:
14-3-2: O THER REQ UI REMENTS:
D. Snow Storage: All required parking and access areas shall be designed to
accommodate on site snow storage (i.e., within boundaries of lot and not within the
right of way). Turf areas and other areas without trees may be utilized for this
purpose. A minimum functional area equaling thirty percent (30%) of the
paved area shall be provided contiguous to the paved area and designed to
accommodate snow storage.
0
nmmnrl�fo �nn�ni �fnr�nro
O
�nnnmmnrl�fo �nn�ni �fnr�nro
The second incentive for snowmelting walkways and patios is that these areas are
allowed to be counted as hardscape, which can count for up to 20% of a property's
minimum landscaped area requirement. Since heated walkways do not provide a
pervious surface, Staff recommends they not count as landscaping.
The definition of landscaping is as follows:
LANDSCAPING: Natural or significant rock outcroppings, native vegetation, planted
areas and plant materials, including trees, shrubs, lawns, flowerbeds and ground cover,
shall be deemed landscaping together with the core development such as walks, decks,
patios, terraces, water features, and like features not occupying more than twenty
percent (20%) of the landscaped area.
Staff recommends removing all snow melted surfaces from the definition of hardscape,
with recommended amendments as follows:
Chapter 12-2: Definitions:
LANDSCAPING: Natural or significant rock outcroppings, native vegetation, planted
areas and plant materials, including trees, shrubs, lawns, flowerbeds and ground
cover, shall be deemed landscaping together with unheated or non-snowmelted
-t�i-e core development such as walks, decks, patios, terraces, water features, and
like features not occupying more than twenty percent (20%) of the landscaped area.
10
8. Construction Waste Management
Currently, no regulations exist in the Town of Vail to address construction waste
management. Construction waste contributes to nearly 60% of the landfill contributions
from Eagle County, according to waste composition study completed August, 2009, as
part of a study funded by the U.S. Department of Agriculture. Therefore, as part of the
Town's goal of reducing waste, energy use, and carbon emissions within the town, and
preventing further development of landfill space, Staff recommends development
applicants be required to submit a Construction Waste Management Plan as part of a
building permit application. Applicants shall provide designated containers for recyclable
materials on the construction site for the duration of the construction period that can be
verified during building and or planning field inspections. Staff will provide a
construction waste management plan document for completion by the development
applicant. This regulation would apply to any new development, remodel or addition.
Where recycling is not available, as is currently the case with wood waste, separation of
said material would not be required.
Staff recommends the following additional code requirement:
14-10-13 CONSTRUCTION WASTE MANAGEMENT: For the purpose of
diverting waste from the Eagle County landfill and further resource efficiency,
a construction waste management plan shall be submitted as part of any
building permit application. The plan shall establish the methodology by
which the applicant shall recycle all recyclable material. The applicant shall
maintain recycling containers on the construction site for the duration of the
construction period until receipt of a Final Certificate of Occupancy.
9. Optional Measures
In addition to the mandatory requirements included in the code amendments proposed
above, as part of the Sustainable Building Initiative the SBI Committee proposes to
include a code amendment putting forth the requirement that building permit applicants
complete a certain number of additional sustainable building practices based on the
type of project. The options listed are important measures for sustainable building,
however at this time with input from the community, other jurisdictions, and the Town of
Vail Building Board of Appeals, the SBI committee has determined that completion of all
of the following measures may be unreasonable to require of all applicants based on
cost, difficulty, specific project limitations, or are otherwise not appropriate to all
projects.
Staff recommends the following amendment be included in a new section of the Vail
Town Code:
TITLE 14, CHAPTER 12: REQUIREMENTS PRIOR TO ISSUANCE OF BUILDING
PERMI T
14-12-1: SUSTAINABLE BUILDING MEASURES. Prior to issuance of building
permit for a new single family or two-family dwelling, or building permit for an
addition to an existing single-family or two-family dwelling, the applicant shall
provide documentation to confirm that the project fulfills the following
sustainable building measures:
11
0 8 of the following 16 measures shall be completed for new construction
0 5 of the following 16 measures shall be completed for additions
0 3 of the following 16 measures shall be completed for remodels
1. Vegetated Roof: Applicant shall install permanent vegetation (plants,
grasses, or other growing medium), planted over a waterproof inembrane
on the roof of any portion of the building appropriate for this application.
2. One-half of Hardscapes Shaded: Applicant shall ensure that no less than
one-half of hardscapes, or impervious surfaces, are shaded from solar
radiation either through permanent structures, overhangs, or vegetation. If
vegetation is used as the shading mechanism. Hardscapes must be
shaded by 5-year grow-out of the vegetation as demonstrated through a
landscape model.
3. Beetle Kill Wood Products: Applicant shall utilize wood products derived
from mountain pine beetle devastated wood on any permanently installed
on-site application.
4. Rapidly Renewable Resources: Applicant shall utilize products derived of
resources with a harvesting cycle of less than ten years on any
permanently installed application. Rapidly renewable resources include
wool carpet, cork, bamboo, meadowboard, sunflower board, wheatboard,
cotton batt insulation, and eucalyptus. Other proposed rapidly renewable
resources are subject to approval by the Administrator.
5. Certified Wood Products: Applicant shall utilize wood products certified by
the Forest Stewardship Council on any portion of the project.
6. Recycled, Reclaimed, or Recyclable Materials: Applicant shall utilize
recycled, reclaimed, or recyclable materials for any building material.
Recycled, or material with recycled content, includes materials that have
been recovered or otherwise diverted from the solid waste stream, either
during the manufacturing process (pre-consumer), or after consumer use
(post-consumer).
Pre-consumer material does not include materials normally reused by
industry within the original manufacturing process.
Reclaimed materials are considered to be any materials that have been
used before, either in buildings, temporary works or other uses and are re-
used as construction materials without reprocessing. Reclaimed materials
may be adapted and cut to size, cleaned up and refinished, but they
fundamentally are being re-used in their original form.
Recyclable materials are materials that may be diverted from the solid
waste stream for the purposes of recycling. A reclamation system must
exist for the proposed product that is available to a majority of end users,
and collects and processes the product for recycling.
7. Donated Deconstruction Materials: Applicant shall donate useable
materials obtained through the deconstruction of the project to an
12
established charity or other organization that collects such material for
reuse or resale.
8. Efficient Li_qhtin_q: Applicant shall install high-efficacy lamps in a minimum
of sixty percent of permanently installed lighting fixtures. Applicable
lighting technology includes Light Emitting Diode (LED), Compact
Florescent (CFL), Induction, T8, or T5 fluorescent bulbs.
9. Heat Recovery and Ener_qy Recovery Ventilation Systems: Applicant shall
install either a Heat Recover Ventilation (HR1� or Energy Recovery
Ventilation (ER1� unit to employ air-to-air heat exchangers to recover heat
or energy from exhaust air for the purpose of pre-heating, pre-cooling,
humidifying or dehumidifying outdoor ventilation air prior to supplying the
air to a space, either directly or as part of an Heating Ventilating, Air
Conditioning (HVAC) system.
10. Radiant Floor Heat: Applicant shall install in-floor radiant systems for the
purpose of heating interior conditioned spaces either through electric or
hot water circulating systems. No other electric or gas powered source of
heating shall be permitted.
11. Non-toxic Insulation Material: Insulation installed within the building
envelope shall be free of formaldehyde or other chemical additives such
as Hydrochlorofluorocarbons (HCFC) blowing agents. Applicable
insulation materials include cotton, bio-based foam, straw bale, cellulose,
or foam-board constructed of recycled material.
12. Ener_qy Star Appliances: Applicant shall install energy star-rated
appliances, or proof that such appliances have been purchased, for on-
site installation.
13. Water Conservin_q Plumbin_q Fixtures: Applicant shall install permanent
plumbing fixtures that are designed to reduce water consumption. Water
conserving plumbing fixtures include dual-flush toilets, low-flow
showerheads requiring less than 2.5 gpm, or low-flow faucets with
installed aerator.
14. Low Water Use/Native Plants: Applicant shall demonstrate through
landscaping plans that only those plants that are considered "low water
use'; or "native" will be permanently planted on site.
15.Innovative Measure: Applicant shall provide other means of energy
efficiency, waste diversion, open space preservation, or otherwise reduce
the environmental impact of development on site as determined by the
Administrator.
16. Renewable Ener_qy: Applicant shall install renewable energy systems to
offset energy use required by the building. Appropriate applications
include solar photovoltaic systems, solar thermal systems, geothermal
systems, small wind turbines, and other similar technologies.
13
IV. APPLICABLE DOCUMENTS
TI TLE 12, ZONING REGULA TIONS, VAIL TOWN CODE (IN PART):
12-1-2: PURPOSE
A. Genera/: These regulations are enacted for the purpose of promoting the health, safety,
morals, and general welfare of the Town, and to promote the coordinated and
harmonious development of the Town in a manner that will conserve and enhance its
natural environment and its established character as a resort and residential
community of high quality.
8. Specific: These regulations are intended to achieve the following more specific
purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other
dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to
/essen congestion in the streets.
4. To promote adequate and appropriately located off street parking and loading
facilities.
5. To conserve and maintain established community qualities and economic values.
6. To encourage a harmonious, convenient, workable relationship among land uses,
consistent with municipal development ob�ectives.
7. To prevent excessive population densities and overcrowding of the land with
structures.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable
natural features.
10. To assure adequate open space, recreation opportunities, and other amenities and
facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
ENVIRONMENTAL SUSTAINABILITY STRATEGIC PLAN
GOAL 2, OBJECTI VE 2, ACTION 1 TEMS 2.1-2.3
Goal 2: Reduce the Town of Vail municipal and community energy use by 20% below 2006
levels by 2020, in order to effectively reduce the Town's contribution to greenhouse gas
emissions (GHG) and impact on global climate change.
Objective 2: Implement a sustainable building code program that requires new construction
and ma�or renovations to achieve designated resource and energy efficiency targets.
Action Items 2.1-2.3:
2.1 Implement a high performance building code or program for all new
development and Town facilities (e. g. LEED for New Construction, Green Built
Colorado, or similar program).
2.2 Develop and adopt energy and resource-efficient building standards for all
existing Town facilities.
2.2.1 Require all Town-funded remodel pro�ects to exceed the International
Energy Conservation Code by at least 15% on retrofits.
2.2.2 Require Energy Star or better products when available for all new
14
�
equipment.
2.2.3 Utilize strategic tree planting to reduce cooling loads of buildings.
2.3 Educate the public on the adopted green building program and provide information and
services at the Department of Community Development.
REVI EW C RITE RIA
1. The extent to which the text amendment furthers the general and specific
purposes of the Zoning Regulations; and
The specific purpose of the Zoning Regulations that is most relevant to the proposed
text amendments is "to conserve and protect wildlife, streams, woods, hillsides, and
other desirable natural features." The proposed regulations will further protect the
natural environmental by reducing impacts on streams, wetlands and hillsides.
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail Comprehensive Plan and is compatible with the development
objectives of the Town; and
The Environmental Strategic Plan, which is part of the Vail Comprehensive Plan, calls
for the adoption of regulations that will reduce development's impacts on the
environment. The proposed regulations specifically attempt to reduce impacts on the
environment by reducing incentives for snowmelt, further protecting streams and
wetlands, and reducing the resources used for roofing.
3. The extent to which the text amendment demonstrates how conditions have
substantially changed since the adoption of the subject regulation and how the
existing regulation is no longer appropriate or is inapplicable; and
In recent years, the Town has shifted focus to environmental protection. The community
has identified environmental protection as a top three issue in the Vail 20/20 process, as
well as community surveys. Because of this shift, Staff has responded with the
proposed regulations.
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives.
Staff believes that the proposed text amendments provide a harmonious relationship
among land use regulations by ensuring the regulations reflect the municipal
development objective of being more environmentally conscious. The regulations will
improve the relationship between development and the natural environment without
creating a burden for the developers.
5. Such other factors and criteria the Commission and/or Council deem applicable
to the proposed text amendment.
15
VI. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and Environmental
Commission forwards a recommendation of approval to the Vail Town Council for
prescribed regulations amendments to Title 12, Zoning Regulations and Title 14,
Development Standards, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail
Town Code, to provide regulations that will implement sustainable building and planning
standards, and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval of this request, the Community Development Department
recommends the Commission pass the following motion:
"Based upon the review of the criteria outlined in Section V of Staff's October 26, 2009
memorandum and the evidence and testimony presented, the Planning and
Environmental Commission forwards a recommendation of approval to the Vail Town
Council, for prescribed regulations amendments to Title 12, Zoning Regulations and
Title 14, Development Standards, Vail Town Code, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to provide regulations that will implement sustainable
building and planning standards, and setting forth details in regard thereto, with the
following findings:
1. That the amendment is consistent with the applicable elements of the adopted
goals, ob�ectives and policies outlined in the Vail Comprehensive Plan and is
compatible with the development ob�ectives of the Town; and
2. That the amendment furthers the general and specific purposes of the Zoning
Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and
3. That the amendment promotes the health, safety, morals, and general welfare of
the Town and promotes the coordinated and harmonious development of the
Town in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest
quality."
16
�y
�� �� �r.
� � �.
i. �-����
MEMBERS PRESENT
Michael Kurz
Bill Pierce
Rollie Kjesbo
Dave Viele
Scott Lindall
Susie Tjossem
Sarah Paladino
PLANNING AND ENVIRONMENTAL COMMISSION
October 12, 2009
1:OOpm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS ABSENT
Site Visits:
No Site Visits
60 minutes
1. A request for a final recommendation to the Vail Town Council on prescribed regulation
amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code for amendments to Title
12, Zoning Regulations, Vail Town Code, to allow for medical marijuana dispensaries as a land
use in specific zone districts, and setting for details in regard thereto. (PEC090030)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION: Recommendation of approval, with modifications
MOTION: Kjesbo SECOND: Kurz VOTE: 7-0-0
CONDITIONS:
1. Add medical marijuana dispensaries as a conditional use to the General Use (GU)
District.
2. Change "50 feet" to "100 feet" in the following use specific criteria: "Medical
Marijuana Dispensaries shall be located a minimum of fifty feet from any school or
educational facility serving persons under eighteen (18) years of age or any other
medical marijuana dispensary."
3. Change "main entrances" to "all entrances" in the following use specific criteria:
"Medical marijuana dispensaries shall install security surveillance cameras to monitor
the main entrance and the exterior of the premises to discourage and to facilitate the
reporting of criminal acts as well as nuisance activities. "
4. Change "at medical marijuana dispensaries" to "on-site" in the following use specific
criteria: "Consumption of inedical marijuana in any form is prohibited at medical
marijuana dispensaries. "
5. Change "sale" to "distribution" in the following use specific criteria: "Growing and/or
the sale of live marijuana plants is prohibited at medical marijuana dispensaries."
6. Change "marijuana paraphernalia" to "drug paraphernalia" in the following use
specific criteria: "Any signage that is visible to the public from roadways, pedestrian
walkways or from other public areas shall not contain graphics of marijuana or
marijuana paraphernalia. "
Rachel Friede gave a presentation on the proposed addition of inedical marijuana dispensaries
(MMDs) as a new land use per the staff inemorandum. Ms. Friede covered all the proposed
amendments to allow for MMDs in certain zone districts.
Page 1
Jim Lamont, Vail Homeowners Association, asked whether the Town is obligated to allow MMDs
in the Town of Vail. Rachel Friede responded that the Town is not obligated to allow this use.
Mr. Lamont asked what other similar communities have enacted ordinances to permit MMDs.
Ms. Friede responded that similar regulations have been passed in Breckenridge, Glenwood
Springs, Commerce City and Northglenn. She also noted that Aspen has chosen not to regulate
MMDs but is allowing them as a pharmacy. Mr. Lamont, stated that the Vail Homeowners
Association has not officially taken a stance on this proposed land use.
Commissioner Kurz asked for clarification regarding the exclusion of the land use from certain
zone districts.
Commissioner Tjossem inquired as to why the hospital was not included. Ms. Friede responded
that the hospital is in the General Use District, which is mostly town-owned properties. Ms.
Friede also noted that this use has not been established in any hospitals in Colorado.
Commissioner Kjesbo stated that he too wondered why the hospital was not included.
Commissioner Viele had nothing further to add.
Commissioner Lindall inquired as to the benefits of adding this land use. Ms. Friede stated that
there is potential sales tax revenue from this use, and it will also expand the number and types of
businesses within the Town.
Commissioner Kurz said he was concerned that the overall number of MMDs within a close
distance of each other could have a negative impact on surrounding land uses. He suggested
that a maximum number be allowed in each zone district or in the Town.
Ms. Friede suggested that a conversation with the Town Attorney may be warranted to address
this concern. She suggested that it might be able to be handled through a limitation on the
number of business licenses issued. Commissioner Pierce suggested that this concern could be
addressed with each conditional use permit application.
Commissioner Kjesbo said he believes that the land use will be fairly self-regulating, as the
market will only require a certain amount of MMDs.
Commissioner Pierce suggested that the General Use District be added to allow the hospital to
have MMDs.
Commissioner Kurz inquired as to the possibility of increasing control over the naming of a
business so as to not deviate from the medical intent of the business. Ms. Friede responded that
while the name of the business might not be controllable due to the First Amendment freedom of
speech, the depiction of marijuana and drug paraphernalia on signage would be prohibited per
the suggested criteria.
Commissioner Pierce asked the other Commissioners if they would want to increase the
distance between MMDs and schools.
Commissioner Palladino stated that security cameras should be required for all entrances, not
just main entrances.
A motion was made for a recommendation of approval with modifications to include the GU
District, increase the required distance between MMDs, other MMDs and schools to 100 ft, and
to require cameras at all entrances, as well as some changes to terminology.
Page 2
60 minutes
2. A request for a work session to discuss prescribed regulations amendments, pursuant to Section
12-3-7, Amendment, Vail Town Code, to Title 12, Zoning Regulations, Vail Town Code, and
setting forth details in regard thereto. (PEC090017)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION: Tabled to October 26, 2009
MOTION: Viele SECOND: Kjesbo VOTE: 7-0-0
Rachel Friede gave a presentation per the staff inemorandum.
Commissioner Viele inquired as to the statement of sustainability as an intent of the Zoning
Regulations. He stated that the language was too vague yet restrictive and could have serious
ramifications for building within the Town.
Commissioner Pierce requested that Ms. Friede generally describe the changes versus reading
the entirety of the submitted documents.
Jim Lamont stated he had no input on this item.
Commissioners provided feedback on specific ideas, thoughts and concerns they had from
reading the proposed language.
5 minutes
3. A request for a final recommendation for the adoption of the Frontage Road Lighting Master
Plan, an element of the Vail Transportation Master Plan, and setting forth details in regard
thereto. (PEC090014)
Applicant: Town of Vail, represented by Tom Kassmel
Planner: Bill Gibson
ACTION: Tabled to October 26, 2009
MOTION: Viele SECOND: Kjesbo VOTE: 7-0-0
5 minutes
4. A request for a work session to discuss a conditional use permit, pursuant to Section 12-9C-3,
Conditional Uses, Vail Town Code, to allow for the construction of public buildings and grounds
(fire station), located at 2399 North Frontage Road/Parcel A, Resub of Tract D, Vail Das Schone
Filing 1, and setting forth details in regard thereto. (PEC090019)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Tabled to October 26, 2009
MOTION: Viele SECOND: Kjesbo VOTE: 7-0-0
5. Approval of September 28, 2009 minutes
MOTION: Kurz SECOND: Tjossem VOTE: 7-0-0
6. Information Update
The Commissioners were invited to partake in the Trees for Vail program buy adopting and
planting a tree.
Discussion occurred around the number of scheduled meetings for the Commission in the
coming months.
Page 3
7. Adjournment
MOTION: Lindall SECOND: Kurz VOTE: 7-0-0
STAFF APPROVALS:
A conditional use permit amendment, pursuant to Section 12-16-10, Amendment Procedures, Vail
Town Code, to allow for a one year extension of a previously approved conditional use permit
(PEC070064) for the development of public buildings, grounds and facilities (temporary public
parking lot) located at Parcel A, Vail das Schone Filing 1(former Wendy's Restaurant site), and
setting forth details in regard thereto. (PEC090031)
Applicant: Town of Vail
Planner: Bill Gibson
Warren Campbell detailed that staff administratively extended the conditional use permit for the
temporary public parking lot on the former Wendy's site for a period of one year to allow for the
continuation of the use up until the potential fire station project got going.
The Planning and Environmental Commission expressed there support for this extension.
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 October 9, 2009, in the Vail Daily.
Page 4
.�
. �
�
, ��
_�
� �
���
o� r
��
�
i
_g
�► ~
�
m
�
�
��
�J�
��
�
�
�
�
�
�
H
N
�
�
�
�
I�
�
a
w
�
w
�
�
�
�
�;:�
�.r
�.
.
� ��
m
�m
� ��n �y
� ��
C
� �
� �
�.
��
°d��
°1 m �
2 �Q�
T + �
.
�
�
���
�
A
�
�
�
�
w
�
W
N
�
H
�
w
�
�
�
W
w
�
�
N
�
�
�
�
�����3m�+�+
mm�oE m
Ct��n�mai�
�� ��� � E �t
c� �--�"
p� �(��,,;� ��
�m�c�3 na�
��
��� �E� °°
~C"C�
�� � � C � C
E .
w�'�� a�
r � �� 7 �� � �
_� . �a�� .� y
� � 0� � a
� C �
• ��N w 0��� �LL
� � ��3� �L�
� � O'� L^�� W
���� ��
$ � .. ..
v. °° � �
. � . c
c da :.
.' a �' W
, nai'�EamL]�ea Z
7' � � � c�
�o
Q � �'r" �
�����
0
� �� �.�
� � � �
q,? '� '� � 4]
� � � � �
b
��•��`�
N��'°�
� �
�,��.°�
����U
� �
•����•�
Q� �� �
� � � � �
�
� � � � �
�� �� �
� � � � �
° � �� �
aw��a
.}, �, p � �,,,,,
+t�-+ � � ' � �
� � '+ �.' �
� � � � �
� � ,� � r�n
(/} ..-r
rry �y �.� y � �
°' •���,
�.�� 3
� � �
a��.?�
�� � � �
. ,..,
� � � � c�
�� �
��, � �,
� � � � �
� � � 3 �
���+;�
��
� � ��
������
� .� � � �
�� �� �
�� � � �
� 3 � � �
�
� .� � O �
b� � a�
� •� '� .�
.,}' �•° �
� . � �, � �,
a o �, � �'' '�
o ; � � � •
��•°�oo�
a �' � � °' �
Q 3 ~ �
:.��.,�'��
i--i � � U W � �
�Q���� ++����+-'mm �
ema�L3c� �°c ma� �
E � � �� � ���y � oo � �
'e � � o a � 000� --�i �,
� ,m o�� �� a �
V m � '�'J � Q � �
� � •� _�e�.m � .� � c c .
�N�w Q C7 a... p�
L m���+1t � �� � A1 •
r �o E G.�j.. a""'Q
.�3 � � ao v v� � a � ,.
c ~�� �'� m���v ' �
o �' �
'_+��� ;vo����,; . y
■■
��a��^ WN� ,�E
.:.� C ��CCs��.���; , � �
o` ��v -r ��,,�U� � �
� m�'3 3m�t„ � ��� � �W
� ��� �°� m m �� ���h'z
� ���� '$����-� �
�� �� m� —3�W �
eri E ��� �� ���iQ ameH° Ea !�
�
0
�
0
�.
0
�
�
�
�
�
...
�
�
�
0
�
0
...
�
�
�
...
�
.�,
D
�
�
D
n
�
.�
�
�
�
...
�
...
�
a
"G
�
�
aa
°�
�
�
�
u
G�
o�
�
...
�
...
�
A
�
...
o�
�
s
�"�
.
D
...
�
...
0
�
�
�
�
a�
�
0
�
�1--�
0
�
�
�
�
�
�
�
0
�
�
�
....,
�
....,
�
�
�
�
�
�
�
�
�
�
.�
�
�
.,..,
�
�
�
�
�
3
�
�
�
�
....,
�
�
�
�
0
U
....,
�
�
�
�
�
�
�
�
�
�
�
�
�
�
.�
�
�
3
U
. ...,
�
�
rd
�
0
a
.,..,
�
.�
�
�
�
�
�
�
�
�
�
�
+-�
�
�
�
0
. �..�
�
�
.�
a
....,
�
U
�
0
t�
►-�
0
�
.Q
�
�,
�
�
�
�
�
�,
�,
�
3
�
�,
�
b
b
�
!d
�
0
�
�
�
. ...,
�
�
.�
�
3
U
....,
�
�
�
�
0
0
.,.�
�
U
.,.�
�
�
�
�
rI)
�
�
�
�
�
�
�
c�
0
N
�
N
�
a
�
�
b
�
�,
�
�
3
�
�
�
0
�
�
�
. ,..,
�
+-�
.
a
N
�
N
—
a
�
�
b
�
�
�
�
3
�
��� y i � i }; t+
�Q � �0 = ��N o�l �� ,
— ao 0
c�.g °; E E��°'�� 'a�•c �
�mmmcm � m� �o� 3
n� Y�� ��m o � � �
��m�m���o a���
1'► C � •._ 0
� a� E E � °� � °m°F- � �
��.�� - � � �. .
��m�:.���;�m mtc�
'�T"—� C'�.'aL O m m. W�
E�
���o��°� v;L� E��a� �
� o;�a��� �r�� �°L� �. —�
�� � r��4 �oL �
_ � E��n�c � E_N� ��'�
�� 0� J `� �+�+r � � m �
�� ��� � m`�L � c EE Sc�[�
�7�����p� �'Op, �,
r �����
0 �m��3.��p a.._—
� � ��
� ���m cm
�'o �oL�; �+� E m m 2�� c� �°°�uu
m� o o� ��� o�� 3�•�''� �a�~�
.� ._ m � ,� c� � � � -
a��3WmmE��c °�E���� �
��mo, �°a�madm r�E�a
. .�-°� �aaa��
�
a
N
�
�
0
U
�
0
�
b
�
N
�
�
�
�
�
�
�
�
�
�
�
�
�
�
�
0
�
�
3
�
�
�
�
....,
3
�
�
0
�
�
w
�
t�
�
�
�
�
�
�
Q]
�
�
�
.�
�
�
a
�
....,
�
rd
�
�
0
V
a
�
�
C!�
�
�
W
0
�
�
0
U
�
+-�
�
�°
�
�
.�
.�
�
�
�
�
�
�
�
�
�
�
�°
�
0
�
0
�
�
�
�
�
.�
�
�
C!�
c
C
�
�
0
c�
�
a
� � w� ��.r� �
'�� n
af s - � �
�� �I� ��S C -
�-
� �.��- �,
.: �� �
� � �� .
�� f . : � ' �
. �� - �
m� � o �
�� �� �� R ` _ •
. �,0 �l�. � �� : ' ..
�y � � � �
� ca � � v`�►�
.Q C "-• - m ■ � �
*�' � c�� =� � �
�F
��jEE���� � Q ,�,..
m�cco�L���
L �.�1a}rm �� a �
QoEEN w q_._, �
�ri H o�'Q *-- � . :� Q [L a �
�
�
N
�
�
�
�
� .�
�
o �
��
� �
� �
� o
a�
�
�
N
�
�
a
�
�
�
0
�
..
�
�
. ,..,
�,
a�
0
.�
�
. ,..�
�
�
0
V
�
�
»� 01 � o �
��o� ro
� °'
�i C m � � �I
L � a�,
noo�a�� "a
a �r�
�--�oN3
�`��vm -�
•. .
��r` N � 3� �
c� ��t� �
L
0 r � �
� LQ �
�
�� O�p«•�
� 3�m�
�o�o��,o
� � ��
��
.��a�mv��.
���mml=4
�U E�r �� �
��� c� m�
3m;Eo�•
�� �H.CLL N
� o
x��
�
�� o
� � C�
��
� �
w � .a
���
�
CO��=C � Y
m'� � O � O O� � � L L m�'-' � O;.� t C•� O� m L � � p �,
�cL m..+-=❑ rmmo E m �•� �., �n .
��� � mc��� �4"°i�� H � �� ��� ��E �om�vr, � - �
�Em � cam�mL eo°��m � cl�� m o oamE— m—� �
� � �
cn m m�o� m � c� �'i�
.. � � �d� �ms�E� nc�
��� � �AU ��(?� �e! O G o� a 1e1� � 3�N� � c. U�,v aU m m�� 7
� 7= � N�p C� m= m� r � O=� L] l� 0 O � ��� a C 7 m� m.
... ~ W1 �
�j «"
� m m m n o�H a c� ��o m � � ��.���� � 'E ��5v»�°� � �a,c
•- � � c }, � aa � m � o�n � m � �, °' E .5i +n � w a ._ m .�
oy,t y � cm�•�m �'+ E�c� m � ° 3�a��m � � L-- e.��oo ��m
�•.-•.� m oE � a� Eo��' @ ` .H a�oo¢Nrn E °��,.: o+�.r v�2
��`� � ����_ � c°��~� ` ama =�� .¢ca . i� ti� ��"m�a�om ��� .
mE� � � W ��E°.�' EW ���� m .r -� �_�����m �0 �� p c�� �='�� �ao ri
'� E N ��S ,c E� _ m� m� � m� o s�r�� cZ7 7 m «� aa m a �
��� � L��m� m.. v a �,� �. y w��m�m�m ��m Ecv
� o �r � �Z7 0 � �+� �7 c ��� � 3 � m m asw� ��p �' . 0 � m a�-�.- � � � � aL
�'U�a mJ� a� � � E m� ?��� m�i °� c a ��� ��� ca �._ _ . j ...Z o.� �p �.. c4 c �� Qa
� �c = �oQl= Z an C3 p a n n yo
_~ � 0�� L C � �j ` �CG7mmLL �y�� � r��r�C�r � 7+.
om�_a�m� °�°�� mm� ����� ° �i� � `� ° ~m 'S � mii �c� m mc�
'e� � e� � .� _ c� °� m w m•- m o a� m c n a� ._
n�! ; ■ � {r� . r-+ '� W ,., � E � .-+� . �, � c ►Q � � H m H � , di � E y � m � � m c c`D m v � � H . � p
�,��a���F� Naoty�a"°r �■tn �❑m�°r , �Fp� � o `Nm°m" '• � E —��Er❑mE'~� ao� ...
�►i-% • � mr�l ~ �� • m m� � .■ � � 0� �OV� L Z Z � �Z a O O.Ht.� a�� � "=m �r
y� C pa .. 3 L '"' Q` 3 C � C •' a�" '� � m m� aQ Q .� � r O l� � l� l� ++ �j 3 L Cr]
'a � � � � c c � �� �N � � ��� �� � � � � � m �m 3 y� � � �' � $O � � � �� U �ty � �N � �
�] •` 0 m r._ m ir C. p p 0 9f1 m 3 � � �
,� 3 a.� a� c F L���: W�c `o c cW a c c°�N w a`Kio ���� °� r N� ��$'m ❑����'� °1 n r� ��
v,o m �m c��ja Q•� ar = m o..��� Q� a� a� � �o �¢ � H a��[r o a..ov.= ci� �.�... et
�' ❑�aaa�� �• c,cn �vaaa4� cv aa°:4 a4� a� "�`"
H � H �
_ - _ _.� - -
f�L�� , f � ����
�
�.
r �
F
. y
r
' . �
� ge
. �
. .- . �
. � j .-. �
�� a t.
_ . ` y_ .� �
. . � ,„ �
,; � � � ,
� • ' '"'� .
•� i_ r
� W • �.1' A,+
.� R � � �
r .I' }
.�
% �
� �
i
�
r
�
�`'
v �
i ��frr�';•ai�' � '�
.
�
�
� ���
� �
�
NA
� w
U �
�" � �
� � �
�� W
� �
�U �
�"�"f �
� � �
� w E"i
� �"� �
� � �
� � �
� � �
THIS ITEM MAY AFFECT YQUR PRQPER�Y
- PUB�IC N�TICE
N�TICE 15 HERE9Y GIVEN that th� Piennin� and
Ern�irvnmentel Cottimissian af the Town of Vai! will
hald a pubtic hear�in� in a�c+a�danCe with s�ction
Y 2-3-6, Vail Town Code, on Qctoh�r 2fi, 2�9, at
1:� pm in th� �Tawn af Veil'Municipal Buildinp, in
aanside�etion of: �
A�r�quest far a final r�cammendatian to the Veil
Town Cauncil far r�scrib�d �egulations amend-
m�nts to Tit� 12, �on�npRegu letions and `Titie 14,
De��lopment.5tandar�s, Vail Town Gode, pursu-
ent to 5ection 12-3-7, Amendmer�t Vail Town
Code� to pro�ide regulatfans that wil�-implement
sustamable buifdinp and planning standards, and
{ettin�g fo8yth .detaifs in regard thereto.
PE
Apry�r.arrt: Town of Veil
Planner: Ra+d�el Friede
The applicetions and information about th� propos-
�� � � cn
'� Q �c�
Q � �7' °' �
� � � � �
� [� Q ?� O�
� �� �'�
��� � �
c�
�'� `n��d
� � •� � �
� �d �' Q �
� 4�3 Q �
�' Q r--' .�.^'.+ c,�.�
'� �' � '+�
.� � � .� Q
Q� �y� �
� °.� �,�
� � � � �
� � � � �
���°'�
°°��}'�
��
.?w�Q�
+� `� 4 �
� Q � • Q v.�
a�i �' '+� �' �
? � o � �
��� � �
� . ,..�
����;�
�����
. ,..i ' �--� �
� �,] � r� �-r
�
� � O.] � O.]
� � V
� � � �
� � � Q �
~ � � V O�.]
� [� � Q �
� � �� �
� ����
o.� , � � �, �
� Q � � �
c�
�� � � �
�� � � �
� � � � �
v�
o.��Q�
h •�- -h� A1
Q 'b � � *� r1]
� � � •Q .�
s-�-' ' �, � 4�3 ,7�
� �. +.� �. "d
Q � � � � •
� � •Q tQ Q v��.]
Q � � � V �
Q3��'��
��'�W�°�
�
0
�
0
.•.�
0
�
�
�
�
�
...
�
�
C�
0
�
C
.o
�
.�
�v
...
�
.�
0
w
�
0
�
�
�v
Q�
�
C
...
�
...
�
�
�
�
ao
�
�
�
�
�
� C
C
� .o
� .�
... �
� �
... �
� �
Q ...
... �
... �
� �
� �
,� o
E� �
Q
�
�
�
�
�
�
�
Q
�
�
�
. ...�
�
. ,..,
�
�
b
c�
�
�
�
�
�
�
.�
�
�
. ,..,
�
�
�
C/7
[�
�
�
�
�
�
. ,..,
�
�
�
�
Q
fl]
.�
�
�
�
�
°?
O�]
O�]
�
c�
�
+.�
�
�
N
.�
�
c�
�
V
. ,..,
�
�
�d
�
Q
Q
. ,..,
�
V
. ,..,
�
�
�
�
�
�
�
�
�
�
�
�
b
c�
�
0
�
�
�
.�
r�
. ,..,
�
V
�
Q
V
►-�
�
0
. ,..,
N
�
�
�
�
�°
�
�
�
�
�
�
�
. ,..,
�d
�a
�
*'d
�
�
Q
�
�
�
. ,..,
�
�
.�
u�
�
�
v�
.�
�
�
�d
�
0
0
. ,..,
�
.�
�
�
�
�
�
�
�
�
�--+
.�i
r--+
�
c�
�
N
`
�,
�
O�]
+.�
�d
�
�
�
�
3
�
�d
�
Q
�
�
�
....,
�
�
.
v
N
`
a�
v
�
+.�
�d
�
�
�
�
3
�
afs are a�aiiabl� �or public inspectian during offic�
hours at the �awn af Vail Communit� De��lop-
ment DePartment, 75 5auth Frontage Rvad. The
public is �n�ted to att�nd pro�e�t orierttatian and the-
site �isits .that prec�de th� public hearing in the
T�wrn of Vail �munity Dev�el� Department.
Pl�ese cell 97a-479-2138 for additianel informa-
tion. .
5ign Ian�uagQ interpretatian is a�aiia�le upon re-
qvest, with �4-haur na#ificatian. Please call
974-479-2a5fi, T�lephane for the H�aring Im-
paired. for infvrtnation.
Published �Gtob�r 9, 2449, in the Vai� Daily.
(4133G08)
�
°a
�
�
�
Q
V
�
Q
c�
�d
�
�
�
�
�
�
�
�
�
�
�
0
�
�
�
�
.�i
Q
N
�
�
�
�
43
+�.�
.,..�
�
�
�
Q
�
�d
W
�
v
�
�
�
�
v�
C7
�
�
.�
�
�
�
�
�
�
b
�
Q
Q
�
Q
r-�-+
�
�
�
�
W
0
�
�
0
�
�
�
�
�
�
�
.�
. ,.V.,
�
�
�
�
�
�
�
o�
�
N
�
�
Q
�
0
�
�
�
c�
�
�
.�
�
�
�
�
°a
�]
�
�
Q
V
�
Q
c�
�d
�
�
�
r�
�
CI�
� .�
�
ti �
c� �
� �
v� �
� Q
��
►-�
►-�
N
�
�
�
�
�
�
0
�
..
�
�
. ,..,
�
O.]
�
.Q
�
�
. ,..,
�
�
Q
�
�
�
� �
°� = r�
�° Q r
a��
��
�
a��
� �
a Q
� �C
� r
�