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Home My WebLink About2009-1109 PEC�y �� r. � � �. i. �-�� MEMBERS PRESENT Site Visits: PLANNING AND ENVIRONMENTAL COMMISSION November 9, 2009 1:OOpm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEETING CANCELLED MEMBERS ABSENT 5 minutes 1. 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 23, 2009 MOTION: SECOND: VOTE: 5 minutes 2. 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 23, 2009 MOTION: SECOND: VOTE: 5 minutes 3. 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 (West Vail 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 23, 2009 MOTION: SECOND: VOTE: 5 minutes 4. 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: Table to November 23, 2009 MOTION: SECOND: VOTE: Page 1 Approval of October 26, 2009 minutes MOTION: SECOND: VOTE: Information Update 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 November 6, 2009, in the Vail Daily. Page 2 �y �� r. � � �. i. �-�� MEMBERS PRESENT Rollie Kjesbo Michael Kurz Scott Lindall Sara Paladino Bill Pierce Susie Tjossem 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 David Viele 1. Housing Zone District regulations and process — preparation for October 27, 2009 Joint Work Session scheduled to begin at 2:00 PM. 20 minutes Bill Gibson gave a power point presentation on the Planning and Environmental Commission's role in reviewing development projects in the Housing District. He further highlighted the regulations contained within the district. The Commission thanked Staff for the presentation. There were no questions from the Commissioners. There was no public comment. 180 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: Tabled to November 9, 2009 MOTION: Kjesbo SECOND: Kurz VOTE: 6-0-0 Rachel Friede made opening comments, introducing the proposed text amendments per the staff memorandum. Commissioner Kurz suggested that the goal of "ensuring public support" should be revised to either "garner" or "solicit" public support, as ensuring support was likely not achievable by the Commission. Commissioner Pierce commented that at the last public hearing on this issue, it was discussed that the topics of sustainability might be best if included within the Building Code. Page 1 Rachel Friede stated that there were several site planning and design issues which needed to be included within the Zoning Code. Rachel Friede then made a presentation per the Staff inemorandum on item #1, stream setbacks. Commissioner Kurz asked about the drainage from construction sites into streams. Rachel Friede stated that erosion control methods such as sediment fences and straw bales would prevent drainage from construction sites into streams. Dominic Mauriello, representing Vail Resorts, requested that the Commission think about what occurs on the Gore Creek Promenade. He used the example of Red Sandstone Creek and the need to restore this watercourse. He suggested restoration be added to exemptions from the stream setback. He highlighted the fact that the proposed regulation has differing impacts in the urban cores and the outlying residential zones. He stated that some residential homes would be impacted differently depending on how wide the creek was adjacent to or on their property. Jim Lamont, representing Vail Homeowners Association, stated that Mr. Mauriello's observations were good ones. He added that there are many areas identified by the Town's founders identified where bringing people closer to the creek was preferred, such as the Gore Creek Promenade. He suggested creating the ability to make improvements in the stream setback that does not include hardscape improvements. Nicholas Buchanan, Vail Resorts Development Company, suggested that while the proposed code changes are positive for residential projects and neighborhoods, the impacts in the urban core are substantial. Commissioner Kjesbo asked if the Town had been having problems with setbacks and improvements. Rachel Friede and Warren Campbell explained that the issue is a lack of clarity as to what can be built and disturbed in the watercourse setback. Commissioner Kjesbo stated a homeowner should be able to select the landscaping of their choice on their property. He agreed with preventing construction disturbance too close to the creek. He suggested a maximum amount of buffer. Commissioner Pierce stated his concern about willows and Mountain Ash being too impenetrable for views to and from watercourses. He suggested that people would not even know that Gore Creek is there if the native vegetation was on both sides of a creek for 100 feet. Commissioner Lindall agreed with the previous comments. He suggested there was a differentiation between stream walks and gathering places like the Gore Creek Promenade, and residential areas. Commissioner Tjossem suggested that the regulations needed to take into account that the economy and residents need access to the creeks in town. Rachel Friede and Kristen Bertuglia then made a presentation per the Staff inemorandum on item #2, wetlands. Page 2 Dominic Mauriello stated that wetlands are currently highly regulated by the Army Corps of Engineers. In the past, the Town has deferred to the Army Corps and he suggests continuing to rely upon the Corps. He discussed the impacts to residential versus the urban cores. On many residential lots, a 10-foot setback can be very impactful to the development on the site. If changed, he suggested that including language about replacement and restoration. He further added that the golf course could be impacted by the stream setback and wetlands proposed changes. Jim Lamont stated his concern that this proposal eludes that wetland protection has not been occurring. He said he is proud, with a few exceptions, of the protection, restoration, and creation of wetlands within this community. Lamont suggested that each site should have an individual plan to prohibit run-off without treatment, rather than a required setback. He noted that in urban areas, drainage went directly into the creeks, but as a part of the streetscape improvements, devices were added to filter the water. He believes a focus on design solutions would be preferred versus a prescribed setback. Commissioner Kjesbo asked if there had been any problems thus far with the regulations. He suggested that the Army Corps be utilized for review. Commissioner Kurz stated that there are so many differing treatments and interactions of properties and the creeks. He suggested that the design review process would address these issues. Commissioner Lindall stated that 10 feet does matter on a site. He suggested that the Design Review Board needs to be reviewing each case individually. Commissioner Pierce stated there may be a need to go a level further in those areas where creeks and wetlands have been impacted to improve them moving forward. He does not believe there needs to be additional regulation. Rachel Friede and Kristen Bertuglia made a presentation on item #3, roof design. Commissioner Pierce asked Martin Haeberle, the Chief Building Official, to address the changes made to the Building Code regarding snow shedding. Martin Haeberle, Chief Building Official, stated there was a provision in the newly adopted Building Code to address snow shedding, but that provision does not address the location of snow shedding. . Commissioner Pierce stated redundant regulations are not necessary. Jim Lamont asked how the hundreds of balconies in the Town that collect and shed snow would be handled moving forward. Nicholas Buchanan stated his concern over making any guarantee that snow "shall" not shed. He believes heat tape and other methods are necessary for limiting snow shedding. Rachel Friede clarified that the proposed regulation would not prohibit heat tape. The goal is to design the roof correctly. Dominic Mauriello highlighted the design standards which allow tall buildings and require sloping roof forms. He noted flat roof forms are not permitted in large amounts. Page 3 Commissioner Pierce stated that there are two issues: safety and energy usage with regard to heat tape. Martin Haeberle clarified the Building Code requirements regarding energy usage and heat tape. Commissioner Pierce suggested that the existing text should remain. Commissioner Kurz asked about increased liability to the Town if the language is required to be a"shall". He stated that managing the weather and environment is tough. Commissioner Lindall believes the "should" is good design language as it leaves the design to the architect and not a third party. Rachel Friede and Kristen Bertuglia made a presentation on item #4, roof materials. Jim Lamont suggested that there needs to be additional changes to the roofing requirements for glare and reflectivity to address projects like the Dobson Ice Arena. Commissioner Pierce suggested the thickness on the tab edge was the concern, not the longevity. He clarified that single, double, and tri-laminate shingles could achieve this goal. Commissioner Lindall stated that there are plenty of 40-year shingles which are not aesthetically pleasing. Rachel Friede and Kristen Bertuglia made a presentation on item #5, tree removal. Dominic Mauriello revisited a past discussion when he was a planner with the Town regarding tree removal on heavily forested lots. He stated concern about the replacement of trees on a lot that is heavily wooded and the financial impact. He brought up a scenario where a homeowner voluntarily plants a tree, and then is required to replace it years later. There was concern from Commissioners Kjesbo and Pierce regarding replacement of trees removed for the development of the site. Commissioner Tjosem commented on the fact that trees grow over time and have different impacts over time. Commissioner Lindall stated that trees should be planted back on-site and not required off-site. That would become a tree tax with significant financial impacts. Commissioner Pierce suggested that the role of Design Review Board is to review the removal and replacement of trees on a property. Commissioner Kurz stated he likes trees and he does not believe we should be regulated trees in addition to what is required today. Commissioner Paladino suggested that the role of the Design Review Board is to review landscaping plans. Rachel Friede and Kristen Bertuglia made a presentation on item #6, solar panels. Commissioner Kurz believed that the focus should be on the efficiency and optimization. He was concerned with the design of multiple solar panels in an urban setting. Page 4 Commissioner Lindall gave an example of a Bachelor Gulch home with evaporative tubes that are not aesthetically pleasing. Rachel Friede and Kristen Bertuglia made a presentation on item #7, snowmelt incentives. Jim Lamont stated he has been receiving many complaints from his constituents regarding the size of homes and the associated infrastructure ie, driveways. He said there is too much hardscape on some sites and there needs to be a penalty for the extreme amounts of hard surfaces. Dominic Mauriello agreed with not including commercial within this regulation. He said people do not put in snowmelt systems because of a lack of snow storage. He suggested reducing the amount of snow storage required in conjunction. He suggested increasing the maximum slope of a driveway before requiring heating. There are many steep lots in Town which require steeper driveways to meet setbacks. Commissioner Kjesbo said he does not have a concern with the definition of landscaping not including heated pavement. Commissioner Pierce asked what is the real goal of driveways, landscaping, and tree replacement. Commissioners Kjesbo and Pierce suggested that there may or may not need to be changes to the driveway slope requirements. Rachel Friede and Kristen Bertuglia made a presentation on item #8, construction waste management. Commissioner Kurz expressed his support for this proposal because it causes people to think about recycling. There was no public comment. Rachel Friede and Kristen Bertuglia made a presentation on item #9, optional measures. Commissioner Kurz suggested that it would be great if each of the options had a point assigned to them and to encourage obtaining more points by reducing fees for permits. Commissioner Pierce suggested that vegetative roofs may not be appropriate in the Town of Vail. He said if they worked so well, there would be more vegetated roofs. However, he stated that vegetated roofs cost more, fail more often, and have increased maintenance. Commissioner Lindall liked the format of allowing people to select options out of a list which they may feel are more important. He suggested turning some of the mandatory items into options such as heated driveways. Commissioner Tjossem suggested that a program be created that allows for an offset of our standard procedures. She suggested baby steps such as education, incentives, rewards, and regulations. Commissioner Pierce suggested some credit for solar gain, increased U-value on windows, and other easy upgrades. Page 5 Commissioner Kjesbo asked that whatever is recommended be reviewed by the Building and Fire Departments for acceptability prior to codification. Commissioner Paladino suggested that the last sentence under radiant floors be stricken. Kristen Bertuglia asked if the Commission agreed with a point system. The Commission suggested points be weighted based on impacts. For example, a project that includes geothermal would not have to do any other measures. 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: Tabled to November 23, 2009 MOTION: Tjossem SECOND: Kjesbo VOTE: 6-0-0 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: Tabled to November 23, 2009 MOTION: Tjossem SECOND: Kjesbo VOTE 6-0-0 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: Tabled to November 23, 2009 MOTION: Tjossem SECOND: Kjesbo VOTE: 6-0-0 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 Page 6 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: Tabled to November 23, 2009 MOTION: Tjossem SECOND: Kjesbo VOTE: 6-0-0 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: Tabled to November 9, 2009 MOTION: Tjossem SECOND: Kjesbo VOTE: 6-0-0 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: Tabled to November 9, 2009 MOTION: Tjossem SECOND: Kjesbo VOTE: 6-0-0 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: Tabled to November 9, 2009 MOTION: Tjossem SECOND: Kjesbo VOTE: 6-0-0 10. Approval of October 12, 2009 minutes MOTION: Kjesbo SECOND: Tjossem VOTE: 6-0-0 11. Information Update There was discussion regarding the medical marijuana dispensary recommendation and the differentiation regarding the land use (role of the PEC) and the social/moral issues reviewed by the Town Council. Specifically Commissioner Tjossem, expressed concern that The Town Council and the Community may not have clear about the role of the Commission in reviewing the medical marijuana dispensary as an appropriate land use. She stated that she wished it had been clearer that the Commission was not provided some of the same materials in making their decision, such as the letter from the Police Chief expressing his concerns, nor any concerned public. She understood that the Commission was reviewing the proposal on its merits as a land use and not the moral or social issue surrounding the land use. She concluded by clarify that the Commission's recommendation was based upon the criteria they review Code text amendments by and was a recommendation on were the new land use would be appropriate if the Town Council choose to pass the Code text amendment. Page 7 George Ruther updated the Commission with regard to the outcomes of the impact fee discussion. He further discussed the joint work session meeting on the 27t" and the need to participate. 12. Adjournment MOTION: Kurz SECOND: Lindall VOTE: 6-0-0 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. 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