HomeMy WebLinkAbout2012-0827 PECrowx of va
PLANNING AND ENVIRONMENTAL COMMISSION
August 27, 2012
1:OOpm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
**Order and times of agenda items are subject to change**
60 minutes
A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7,
Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning
Regulations, and Title 14, Development Standards, Vail Town Code, to require restoration of
watercourses and riparian areas, and setting forth details in regard thereto. (PEC120011)
Applicant: Town of Vail
Planner: Rachel Dimond
45 minutes
2. A request for a recommendation to the Vail Town Council for a prescribed regulations
amendment, pursuant to 12-3-7, Amendment, Vail Town Code, to allow for amendments to Title
12, Zoning Regulations, to amend the development review process, and setting forth details in
regard thereto. (PEC120010)
Applicant: Town of Vail
Planner: Rachel Dimond
3. A request for the review of a variance from Section 12-6G-6, Setbacks, Vail Town Code,
pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a garage
within the setbacks, located at 4192 Columbine Way/Lots 25 & 26, Bighorn Terrace, and setting
forth details in regard thereto. (PEC120027)
Applicant: Anne Upton, represented by Pierce Architects
Planner: Bill Gibson
ACTION: Table to September 10, 2012
4. A request for the review of conditional use permits, pursuant to Section 12-9C-3, Conditional
Uses, Vail Town Code, for a healthcare facility and a public building and grounds, to allow for the
redevelopment of the Town of Vail municipal site with a medical research, rehabilitation, and
office building and a municipal office building located at 75 and 111 South Frontage Road West/
Unplatted, and setting forth details in regard thereto. (PEC120012)
Applicant: Vail MOB, LLC, represented by Triumph Development and Town of Vail, represented
by Consilium Partners, Vail
Planner: Warren Campbell
ACTION: Table to September 10, 2012
5. Approval of August 13, 2012 minutes
6. Information Update
7. Adjournment
Page 1
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 August 24, 2012, in the Vail Daily.
Page 2
Ad Name: 8304927A
Customer: TOWN OF VAIL/PLAN DEPT/COMM
Your account number is- 1 OP2P 33
MW nay
PROOF OF PUBLICATION
STATE OF COLORADO }
}ss.
COUNTY OF EAGLE }
I, Don Rogers, do solemnly swear that I am a qualified
representative ofthe Vail Daily. That the same Daily newspaper
printed, in whole or in part and published in the County
of Eagle, State of Colorado, and has a general circulation
therein; that said newspaper has been published continuously
and uninterruptedly in said County of Eagle for a period of
more than fifty-two consecutive weeks next prior to the first
publication of the annexed legal notice or advertisement and
that said newspaper has published the requested legal notice
and advertisement as requested.
The Vail Daily is an accepted legal advertising medium,
only for jurisdictions operating under Colorado's Home
Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every
number of said daily newspaper for the period of 1
consecutive insertions; and that the first publication of said
notice was in the issue of said newspaper dated 8/24/2012 and
that the last publication of said notice was dated 8/24/2012 in
the issue of said newspaper.
In witness whereof, I have here unto set my hand this day,
08/31/2012.
General Man ager/Publisher/Editor
Vail Daily
Subscribed and sworn to before me, a notary public in and for
the County of Eagle, State of Colorado this day 08/31/2012.
2mg-&
9. -V-�
Pamela J. Schultz, Notary Public
My Commission expires: November 1, 2015
�pRY PUe/
' PAMELA J.
SCHULTZ
9�� COt-SRP$
My Commismn Expires 11/0112015
PLANNING AND ENVIRONMENTAL
COMMISSION
August 27, 2012
1:00pm
TOWN COUNCIL CHAMBERS
/ PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
"Order and times of agenda items are subject to
change"
60 minutes
1.A request for a recommendation to the Vail Town
Council, pursuant to Section 12-3-7, Amendment,
Vail Town Code, for prescribed regulations
amendments to Title 12, Zoning Regulations, and
Title 14, Development Standards, Vail Town Code,
to require restoration of watercourses and riparian
areas, and setting forth details in regard thereto.
(PEC120011)
Applicant: Town of Vail
Planner: Rachel Dimond
45 minutes
2.A request for a recommendation to the Vail Town
Council for a prescribed regulations amendment,
pursuant to 12-3-7, Amendment, Vail Town Code,
to allow for amendments to Title 12, Zoning Regu-
lations, to amend the development review process,
and setting forth details in regard thereto.
(PEC120010)
Applicant: Town of Vail
Planner: Rachel Dimond
3.A request for the review of a variance from Sec-
tion 12-6G-6, Setbacks, Vail Town Code, pursu-
ant to Chapter 12-17, Variances, Vail Town Code,
to allow for the construction of a garage within the
setbacks, located at 4192 Columbine Way/Lots 25
& 26, Bighorn Terrace, and setting forth details in
regard thereto. (PEC 120027)
Applicant: Anne Upton, represented by Pierce Ar-
chitects
Planner: Bill Gibson
ACTION: Table to September 10, 2012
4.A request for the review of conditional use per-
mits, pursuant to Section 12-9C-3, Conditional Us-
es, Vail Town Code, for a healthcare facility and a
public building and grounds, to allow for the rede-
velopment of the Town of Vail municipal site with a
medical research, rehabilitation, and office building
and a municipal office building located at 75 and
111 South Frontage Road West/ Unplatted, and
setting forth details in regard thereto. (PEC120012)
Applicant: Vail MOB, LLC, represented by Tri-
umph Development and Town of Vail, represented
by Consilium Partners, Vail
Planner: Warren Campbell
ACTION: Table to September 10, 2012
5.Approval of August 13, 2012 minutes
6.Information Update
7.Adjournment
The applications and information about the propos-
als are available for public inspection during regular
office hours at the Town of Vail Community Devel-
opment Department, 75 South Frontage Road.
The public is invited to attend the project orienta-
tion and the site visits that precede the public
hearing in the Town of Vail Community Develop-
ment Department. Please call (970) 479-2138 for
additional information.
Sign language interpretation is available upon re-
quest with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing Impaired, for
information.
Community Development Department
Published August 24, 2012, in the Vail Daily.
(8304927)
Ad Name: 8249336A
Customer: TOWN OF VAIL/PLAN DEPT/COMM
Your account number is- 1 OP2P 33
MW nay
PROOF OF PUBLICATION
STATE OF COLORADO }
}ss.
COUNTY OF EAGLE }
I, Don Rogers, do solemnly swear that I am a qualified
representative ofthe Vail Daily. That the same Daily newspaper
printed, in whole or in part and published in the County
of Eagle, State of Colorado, and has a general circulation
therein; that said newspaper has been published continuously
and uninterruptedly in said County of Eagle for a period of
more than fifty-two consecutive weeks next prior to the first
publication of the annexed legal notice or advertisement and
that said newspaper has published the requested legal notice
and advertisement as requested.
The Vail Daily is an accepted legal advertising medium,
only for jurisdictions operating under Colorado's Home
Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every
number of said daily newspaper for the period of 1
consecutive insertions; and that the first publication of said
notice was in the issue of said newspaper dated 8/10/2012 and
that the last publication of said notice was dated 8/10/2012 in
the issue of said newspaper.
In witness whereof, I have here unto set my hand this day,
08/17/2012.
General Man ager/Publisher/Editor
Vail Daily
Subscribed and sworn to before me, a notary public in and for
the County of Eagle, State of Colorado this day 08/17/2012.
2mg-&
9. -V-�
Pamela J. Schultz, Notary Public
My Commission expires: November 1, 2015
�pRY PUe/
' PAMELA J.
SCHULTZ
9�� COt-SRP$
My Commismn Expires 11/0112015
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning and
Environmental Commission of the Town of Vail will
hold a public hearing in accordance with section
12-3-6, Vail Town Code, on August 27, 2012, at
1:00 pm in the Town of Vail Municipal Building, in
consideration of:
There have been no new applications submitted to
be heard at this hearing. There will be a public
hearing on August 27, 2012 to consider items
which have been continued from the previous pub-
lic hearing.
The applications and information about the propos-
als are available for public inspection during office
hours at the Town of Vail Community Develop-
ment Department, 75 South Frontage Road. The
public is invited to attend site visits. Please call
970-479-2138 for additional information.
Sign language interpretation is available upon re-
quest, with 24-hour notification. Please call
970-479-2356, Telephone for the Hearing Im-
paired, for information.
Published August 10, 2012, in the Vail Daily.
(8249336)
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PLANNING AND ENVIRONMENTAL COMMISSION
August 27, 2012
1:OOpm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road W. - Vail, Colorado, 81657
**order and times of agenda items are subject to change"
Members Present Members Absent
Susan Bird Luke Cartin
Pam Hopkins Michael Kurz
Bill Pierce
Henry Pratt
John Rediker
60 minutes
A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7,
Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning
Regulations, and Title 14, Development Standards, Vail Town Code, to require restoration of
watercourses and riparian areas, and setting forth details in regard thereto. (PEC120011)
Applicant: Town of Vail
Planner: Rachel Dimond
ACTION: Tabled to September 10, 2012
MOTION: Rediker SECOND: Pratt VOTE: 5-0-0
Rachel Dimond gave a presentation per the Staff memorandum.
Commissioner Pierce asked how the multiple regulations overlapped.
Rachel Dimond clarified that the most restrictive regulation applied.
Commissioner Pierce asked which streams were subject to the regulations.
Rachel Dimond indicated that the subject streams are mapped. The map will be provided to the
Commission at their next hearing.
Commissioner Pierce asked how the regulations would apply to properties with multiple -
ownership such as a duplex or condominium.
Rachel Dimond indicated that the regulations are intended to apply to all ownership scenarios.
Commissioner Pierce noted concern about one owner preventing another owner from building.
He asked how the regulations would apply to the Town's park in Vail Village.
Rachel Dimond described the proposed exemptions from the new regulations, including the Gore
Creek Promenade.
Commissioner Bird commented on locations in Gore Creek where property owners have created
pools with boulders.
Page 1
Rachel Dimond noted that these actions would not be allowed, but can be difficult to detect and
enforce.
Commissioner Bird asked if the Town was coordinating with Eagle County to address this in
unincorporated parts of the community.
Rachel Dimond identified past coordination efforts. She noted that public education will continue
to be an important, on-going element of this project.
Commissioner Bird asked about the monitoring of creeks other than Gore Creek.
Rachel Dimond noted that established tributaries will also be addressed.
Commissioner Pratt asked what the definition was for "normal" high water mark. He
recommended re-examining the definition since there is so much annual variation.
Commissioner Pierce asked if the setbacks could apply to the 100 -year flood plain line.
Rachel Dimond noted that this was considered, but would create much non -conformity and did
not achieve the intended goals.
Commissioner Rediker noted the development restrictions outlined in the Avon Code and asked
if similar criteria are in the Vail Town Code.
Rachel Dimond clarified the restrictions in the flood plain, but that Vail's regulations are not as
restrictive in other areas.
Commissioner Rediker noted that the challenge with any new regulations is how Vail has grown
up over time. In a perfect world, he agrees that setbacks should be from the high water mark
and not the centerline. He asked how 15 feet was selected as a proposed setback.
Rachel Dimond explained that 15 feet is the minimum Zone 1 dimension in other agency's
regulations to prevent erosion and to protect habitat, but this is not an adequate buffer to
address chemical filtration.
Commissioner Rediker agreed with Commissioner Pierce's concerns about how the regulations
could affect multiple ownership properties. He asked about Town sponsored incentive
programs.
Rachel Dimond noted the only Trees for Vail currently exists.
Commissioner Rediker stated that an incentive component needs to be implemented along with
the regulations. He noted that the memorandum focuses on setbacks and restoration but other
issues related to stream health should be discussed such as pesticide/herbicide use, point
source mapping/evaluation, etc.
Rachel Dimond noted that several water quality projects have been proposed in next year's
budget. Projects may include sand and soil separator maintenance, outfall mapping and stream
tract restoration.
Commissioner Rediker asked if other communities, other than those included in the packet,
could have regulations worth researching.
Page 2
Rachel Dimond noted that the communities researched are similar to Vail, but that Staff will
continue to gather more examples.
Commissioner Pierce asked if there could be an exception to the joint property owner approval
requirement for these stream issues.
Rachel Dimond noted that Staff will explore the issue further.
Commissioner Pratt noted concern about shifting the setback from centerline to stream edge.
Unless the numbers are changed, the change could result in many non -conforming houses. He
also commented that beavers can quickly remove trees and vegetation along the creek.
Rachel Dimond noted that the regulations are not intended to require specific species of
vegetation, but to provide a general guideline/intent for that area.
Commissioner Pratt gave an example of a house where the owners removed all the existing
willows for a view of the creek. He is concerned that landscaping regulations may be difficult to
implement with such an owner.
Commission Pierce identified the creek at the golf course along the South Frontage Road as a
highly visible location for a Town initiated demonstration project to help with public education.
Commissioner Hopkins noted that the path between the Village and Ford Park could be another
location for a demonstration project.
Rachel Dimond noted that Stephens Park and the neighborhood along Aspen Bridge Lane are
examples of recent Town projects.
Commissioner Rediker asked if a future Town project could include surveying along the creek.
He recommended that this information could be used to fully understand the impacts of the
proposed regulations. He noted that the regulations must be reasonable and balance the needs
of both the people of Vail and the creek.
Jim Lamont, Vail Homeowners Associations, asked how wetlands fit into this discussion since
some wetlands are outside the flood areas.
Rachel Dimond noted that wetlands regulations will be address separately.
Jim Lamont asked for additional detailed maps and graphics to help the public understand the
impacts of the proposed regulations. He asked if there are criteria, other than GRFA, than can
trigger compliance, such as adding site coverage. He asked if demolition permits should be part
of this discussion since recently some trees were removed at a house on Mill Creek Circle
without design review approval. He noted that the centerline setback was adopted in the early
1970's and much of east and west Vail were built under Eagle County jurisdiction, so new
regulations could have a punitive impact. He asked that the Town identify critical areas for
restoration. He also noted that there has been very little press addressing water quality. He
recommended preparing the public for why these regulations may be needed.
Commissioner Rediker agreed with Jim Lamont, stating the public does not understand that
Gore Creek has been listed as impaired water. He noted that there may be resistant to from
some businesses, but we are beyond that point.
Page 3
Commissioner Pratt noted that the Town has been available to meet onsite to discuss pine
beetle and other issues with individual homeowners and noted that a similar Town resource
could be made available for this issue.
Commissioner Hopkins noted that there are no "green" methods of addressing pine beetles
without potential impact to the creek. She asked about opportunities to address pesticides near
the creek.
Jim Lamont noted that Gore Creek along the golf course was channelized during the
construction of 1-70. He agreed that this could be a good demonstration project and that the
regulations should allow un-channelizing these types of areas.
60 minutes
2. A request for a recommendation to the Vail Town Council for a prescribed regulations
amendment, pursuant to 12-3-7, Amendment, Vail Town Code, to allow for amendments to Title
12, Zoning Regulations, to amend the development review process, and setting forth details in
regard thereto. (PEC120010)
Applicant: Town of Vail
Planner: Rachel Dimond
ACTION: Tabled to September 10, 2012
MOTION: Hopkins SECOND: Bird VOTE: 5-0-0
Rachel Dimond gave a presentation per the Staff memorandum.
Commissioner Rediker asked for examples of consolidating land uses into broader categories.
Rachel Dimond described consolidating all types of retail stores into one land use category in
commercial districts and consolidating the various industrial uses allowed in the Heavy Service
District. She noted that today some zone districts are more of an inventory of past businesses
than a list of desired land uses. She provided the example of horse stables with specific
standards being allowed in the Hillside Residential district which is applied to Spraddle Creek.
However, the existing stables are located outside the Town boundary and the question should be
asked if this is still an appropriate allowable use.
Jim Lamont recommended creating a computer program that can be searched by categories,
rather than listing only by district. He noted than when the original zoning ordinance was written
it was both too broad to be interpreted and too specific to be useful. He noted that the 1974
updates were intended to preserve resort type retail uses and to ensure community uses such as
grocery stores since Vail was a new town. He noted that the essential services such as grocery
stores and gas stations have now migrated outside the core areas. The early zoning regulations
were designed to create a whole community. Now that the community could be considered from
Frisco to Glenwood Springs, and many land uses such as industrial have moved out of town, he
said more emphasis should be placed on the resort component in Vail.
3. A request for the review of a variance from Section 12-6G-6, Setbacks, Vail Town Code,
pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a garage
within the setbacks, located at 4192 Columbine Way/Lots 25 & 26, Bighorn Terrace, and setting
forth details in regard thereto. (PEC120027)
Applicant: Anne Upton, represented by Pierce Architects
Planner: Bill Gibson
ACTION: Tabled to September 10, 2012
MOTION: Pratt SECOND: Rediker VOTE: 5-0-0
Page 4
4. A request for the review of conditional use permits, pursuant to Section 12-9C-3, Conditional
Uses, Vail Town Code, for a healthcare facility and a public building and grounds, to allow for the
redevelopment of the Town of Vail municipal site with a medical research, rehabilitation, and
office building and a municipal office building located at 75 and 111 South Frontage Road West/
Unplatted, and setting forth details in regard thereto. (PEC120012)
Applicant: Vail MOB, LLC, represented by Triumph Development and Town of Vail, represented
by Consilium Partners, Vail
Planner: Warren Campbell
ACTION: Tabled to September 10, 2012
MOTION: Pratt SECOND: Rediker VOTE: 5-0-0
5. Approval of August 13, 2012 minutes
ACTION: Approved
MOTION: Pratt SECOND: Rediker VOTE: 5-0-0
6. Information Update
Vail Village Townhouse District
Holy Cross tree trimming near power lines
7. Adjournment
MOTION: Pratt SECOND: Rediker VOTE: 5-0-0
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 August 24, 2012, in the Vail Daily.
Page 5