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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) rawN of va 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