HomeMy WebLinkAbout2015-0914 PECPLANNING AND ENVIRONMENTAL
TOWN LSF VAU", COMMISSION September 14, 2015, 1:00 PM
Vail Town Council
Chambers
75 S Frontage Road W - Vail, Colorado
Call to Order
Members Present: Henry Pratt, Brian Gillette, John Rediker, Webb Martin, Kirk
Hansen, John Ryan Lockman
Members Absent: Dick Cleveland
2. A request for a recommendation to the Vail Town Council for the adoption of the
Strategic Plan for Water Quality Improvements on Gore Creek. (PEC150027)
Applicant: Town of Vail
Planner: Kristen Bertuglia
Action: Table to October 12, 2015
Motion: Rediker Second: Hansen Vote: 6-0 (Cleveland absent)
Kristen Bertuglia made a presentation as per the staff memorandum. Kristen introduced
the town's water quality consultant, Seth Mason of Lotic-Hydrological.
Seth presented the draft Strategic Plan to the commission as per the information
provided in the packet.
Commissioner Gillette asked why the high priority projects were more geared toward
infiltration and not stopping the pollutants. He also asked if there was a way the town
could ban specific pesticides.
Seth clarified that there are few site specific projects as a result of the geography. To
be effective and reduce most of the impact, it is best to move from upstream to
downstream. Seth also clarified that because of the Colorado Pesticide Applicators Act
the town is limited and does not have the ability to ban specific product use. The town
can enforce the use of the pesticide to ensure that it is being applied according to the
instructions on the product. There are significant legal hurdles to clear before any type
of bans can be put into place.
Commissioner Rediker asked about the impact of some of the regulations
recommended and how do they connect to the reduction of pollutants and can this be
measured?
Seth responded that the regulations can reduce the number of pollutants being
transported and make a significant change in the health of the river.
Commissioner Hansen asked for comments on the 303D list as he attempted to access
this information online. How long has this list been in place and is the terminology
"impacted" a technical term for the list? Who compiles the list and how often is it
updated? Commissioner Hansen also asked if other mountain communities similar to
Vail are listed as well.
Seth responded that the 303(d) list is compiled through the Water Quality Assessment
Report. He did clarify that this list does list rivers/streams as "impaired" and they do use
this term as a regulatory term. The list is updated every 2 years by the Colorado
Department of Public Health & Environment. The town is on the list due to the reduction
of macro -invertebrates in the river. There are other communities similar to Vail that are
listed and have very similar problems with aquatic life degradation.
Commissioner Pratt inquired as to the time limit to remove Gore Creek from the 303(d)
list. Has the state implemented any state regulations? What are they?
Seth responded that it is expected to take 10-15 years to implement changes and
reduce impairments. This is not a list that has been in place very long which makes it
difficult to acquire this information. We recommend that the town retain local control
before the state comes in and regulates and they tell you how you should deal with the
impairments. More control locally.
Seth introduced Tambi Katieb to discuss the top 20 recommended actions of the
Strategic Plan.
Commissioner Rediker inquired as to the predevelopment planning and review process.
Are you specifically construction activity or storm water management controls after
construction of the site?
Tambi replied that this is focused more on the concept level site management pre -
development site planning.
Commissioner Hansen asked how deep each priority has been reviewed and is there a
budget in place to move forward with the recommendations.
Kristen responded that each priority has been reviewed and budget has been
recommended to the Town Council for review & adoption.
Greg Hall, Public Works Director, clarified that the budget for these projects has been
submitted through the 5 year capital and RETT programs. The Council will be reviewing
these site specific projects over the next several meetings.
Commissioner Gillette finds it hard to make a recommendation when you make very
broad statements. Asked how the commission is expected to evaluate these actions
when they are so broad?
Commissioner Pratt clarified that this is just a step in the process. The
recommendations presented are not code specific and those recommendations will
have to come back to the commission for review & recommendation.
Commissioner Gillette feels that the plan is a bit premature when the town hasn't dealt
with the pollutants yet and that this plan is addressing only half of the problem.
Tambi responded that there is a recommendation to remove the pollutants and the use
of the pollutants. These need significant review internally and legally.
Commissioner Gillette asked if the commission's job is to include additional items into
the priority list. Why is this not listed in high priority? What do we need to do to get a
legal review so we can understand why we can't ban or eliminate certain pollutants?
Kristen responded that the PEC can certainly identify other priorities within its
recommendation to the Town Council.
Commissioner Pratt commented that the plan is heavy on regulation, outreach &
management. Would like to see more mitigation of pollutant pathways, especially those
coming off of 1-70, in addition to the show projects with stream bank restoration
throughout the town.
Greg Hall clarified that some items are not on the priority list because some of the
projects are already in process. The town is working directly with CDOT regarding
some of the highway issues and the town is already beginning some of these projects
that are not on the priority list.
Commissioner Rediker asked if we are doing a full ERI review for all properties within
or adjacent to the streamtract. What guidelines are we using? State/Federal? ERI more
oriented to projects that may have a larger scale impact on the stream vs. FONSI
process for smaller projects and/or impacts on the stream.
Kristen responded that the ERI review is only currently triggered by staff. We have no
clear guidelines in our town code. We use state & federal guidelines. Will need to
review and increase.
Commissioner Gillette inquired as to what projects in town have been reviewed?
Greg Hall indicated that the Spraddle Creek Subdivision had a full environmental
review prior to approval. Some smaller projects that have been reviewed for water
quality include Solaris, WMC, Safeway, and City Market. Need to make more focused
& prescriptive regulations on water quality.
Commissioner Pratt indicated that education & outreach should have a very high
priority so land owners & developers understand what the regulations are.
Commissioner Gillette asked how the town is handling existing encroachments. Some
encroachments exist through the sale of a property and the new owner is not
responsible for creating the encroachment.
Kristen responded that each encroachment is reviewed individually for solutions. We
have worked with homeowners who have not put in the encroachments and we split the
costs of removing the encroachment or worked with them to remove the encroachment
and by not mowing the area, etc.
Commissioner Martin asked if areas throughout town are identified.
Kristen stated that all areas of town are identified and current.
Commissioner Rediker stated that education and outreach is a very important
component. How much consideration was given to prioritizing education & outreach on
the use of pesticides & herbicides. Why is that not a high priority?
Kristen stated that this is going to have to be an ongoing priority to provide this
information to our homeowners.
Commissioner Gillette asked if anyone has reviewed the use of the pesticides &
herbicides at the golf course.
Seth responded that there has been a review of golf course maintenance practices and
they certainly have the opportunity to be a large contributor to the degradation. They
are very focused on limiting the amount of chemicals they do apply to the golf course
and is part of their on-going certification. Limited opportunity for large improvements on
the golf course since they are already limiting what they are using. There are more
natural ways of controlling pests & applying fertilizer. Adds a lot to the cost of
maintenance.
Seth commented that if the town really wants to tackle this in a comprehensive way,
you will need to implement as many of the 217 action items as possible. Not just focus
on the top 20 to see measureable improvements.
Commissioner Gillette asked about the site specific projects. How many are on private
vs. public. What are the estimates on the design? Only projects that were important
over a period of time?
Greg Hall stated that $6 million is requested for storm water and $2 million for
restoration of the riparian areas. This is for all public & private projects and only for
projects that will make an impact to stream health. We are looking at a 5-8 year time
frame for completion.
Commissioner Pratt opened the meeting to public comment.
Kristy Hintz cannot see how we can have a plan that doesn't identify CDOT. How does
the highway not have an impact on the health of the stream? CDOT is asking for
enlarged chain up areas. Additionally they were a property that had encroachments and
they have been in compliance for the past 3 years. Since they have stopped trimming
the berm and weeding they have been inundated with noxious weeds. Now have to
start spraying lawn because of noxious weeds. They have asked the town for
assistance of the noxious weeds along the stream tract and the town sent someone to
spray the weeds. Not sure how much more can they be in compliance. Personal
experience within this program has not been positive.
Mary Lapin stated that he is pleased that PEC and the town are taking on this project.
He asked that the plan also consider the feeder creeks such as Middle Creek and Mill
Creek. Each one has specific problems that contribute to problems within Gore Creek.
Mil Creek running off of Vail Mountain is a huge source of problems. Also believes that
by not allowing anything to occur within the 50' of the high water mark. Regulation is
written from 50' from center line of stream. Where this is a problem is areas of Gore
Creek where the creek is over 100' wide so there is no protected area. Change this
regulation for all properties within Gore Creek & feeder creeks. We have been allowing
buildings and impervious surfaces to be built too close to the creek
Jonathan Stauffer is appalled that we have moved from a gold medal creek to an
impaired creek. I appreciate the time put into this plan and ask that the commission
move with haste to get this plan into action. It has taken some time to get here and it's
going to take a while to clean this up. If people understand what the town is doing and
why, they will get behind this. Agrees that there is a need to get Matt Mire involved
finding out what we can do to prohibit the use of specific chemicals, etc. We can just
focus on what we can't do. Suggests additional funding sources or grant program for
private property owners to come into compliance. This may allow for more expedient
clean-up.
Jim Lamont believes we are missing a step. Prioritization is one thing, sequencing is
another. When the state moved to place gore creek on the impaired list, it initially was
in East Vail. However, they did list the entire stream as impaired. How often and to
what degree the testing is completed? When we truly understand where the outfall
points are, which are point sources of pollution, move to clean these up first and adopt
policies that conform to the agreed upon remediation approach so we build support
throughout the community that we are taking steps in the most hazardous areas 1St. If
those areas bring us into compliance, than maybe no further action is required with the
exception of regulation & maintenance. Comfortable with the intensity of data provided
& believes that it is good that the town cleans up its own properties & restores its own
properties. If we go too far too fast, we will lose the authority & support from property
owners in general. Regulatory should be universal and how we reach that needs to be
flushed out. Most residents feel the highway is the source of the problem and not the
pervious infiltrations.
Commissioner Lockman stated that this was a great presentation. Asked how far does
the commission get into each of these priorities? Overall believes the rules &
regulations can be pretty effective and can have lasting impacts to community. When is
the onus on the developer? Storm water management plan in terms of predevelopment
management. Hard to get to the 20 from 217, recommend to council to approve.
Commissioner Hansen is impressed with the process and leadership provided to move
this forward. Not surprised that with the amount of activity that there have been some
problems. Specific goal is the strategic action plan and helping to formulate this plan.
The need to identify the most impactful correction elements for the 303(d) but what is
also the right thing to do. Be specific as to what the problems are, measurable & timely.
CDOT & Forest Service need to be on the action plan committee because they are part
of the problem and they need to be part of the solution.
Commissioner Rediker stated that he likes the list of priority action plans and would like
to see it modified slightly. Would like to see the list expanded from 20 to 25 items. We
have studied Gore Creek enough to understand that this is a multifaceted problem and
that there isn't a single contributor. Would like to see added to the list: addressing
pesticide/herbicide through rules & regulations or through education & outreach;
understanding that there is a study identifying point sources completed regulating
discharges/eliminating discharges; coordinating with CDOT in identifying their activities
and their impacts on Gore Creek.
Commissioner Martin thanked everyone for all of the work so far. He would like to see a
list of all projects underway and collaboration with CDOT already moving forward. This
information needs to be included with part of the education and outreach. Expand the
list a bit and add: elevate private property education/outreach. Happy to move forward
and recommend to town council.
Commissioner Gillette stated that he felt that the plan is confusing. The list should be
broader and not so specific. Without the plan we are already moving forward with
projects on public properties. Instead of site specific items, make it broader by
recommending adoption of the Public Works budget that takes care of these issues.
Best management for staff on town projects; code analysis -what is contrary to
protecting the creek and what can we add/change to protect the creek;
education/outreach; need to have legal review so we have a better understanding for
removing pollutants. Is it really impossible? If we can do something, it should be part of
this plan; testing should also be high priority. How will we know if this is effective? Get
rid of specific 20 and come back with a more broad action plan.
Commissioner Pratt agrees with attacking the low hanging fruit first. Sounds like
problem originates in East Vail and sources are highway & spraying of trees. We need
to have regular monitoring, serve to balance out flows (high/low). Add already initiated
projects to list. If we can't control the pesticide product, maybe we can control the
timing and application.
Staff will bring this plan back to the PEC with answers and adjustments to the priority
list. Staff will also look to provide more background on the pesticide use and a legal
understanding.
3. A request for a recommendation to the Vail Town Council for an amendment to the
Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and
Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the
Detailed Plan Recommendations for the Evergreen Lodge at Vail, located at 250 South
Frontage Road West/Lot 2W, Block 1, Vail Lionshead Filing 2, and setting forth details
in regard thereto. (PEC140044)
Applicant: Evergreen Lodge at Vail, represented by Mauriello Planning Group
Planner: George Ruther
Action: Table to September 28, 2015
Motion: Gillette Second: Hansen Vote: 5-0 (Cleveland absent, Pratt
absent 4:20)
George Ruther made a presentation as per the staff memorandum and specifically
questions asked by the commission at the previous meeting.
George addressed that the applicant is specifically requesting changes only to Chapter
5 of the Lionshead Redevelopment Master Plan. This chapter does get into the site
specific properties within the Master Plan area. The detailed recommendations include:
Traffic circulation & vehicular access, Pedestrian Connections, Architecture & Physical
Design, and Relationship to Surrounding Buildings, Public Transit, Service & Delivery,
and Building Height & Mass.
Dominic Mauriello and Sharon Cohn, representing the developer, reviewed specific
questions asked at a previous meeting. Review of language section by section was
reviewed as per staff memorandum.
Commission Gillette asked if it would be best to remove the modifications to section
5.19.3 as it is covered in section 4 and utilize the live bed definition
Dominic stated that the applicant would love to remove this section. However we are
willing to work with these constraints and guarantee that development of hotel rooms
will occur.
Commission Pratt feels uncomfortable with the increase in dwelling units and decrease
in accommodation units. Not comfortable with the specific numbers.
Dominic stated that the current language in the code does allow for these changes
Commissioner Rediker asked why the language was struck regarding the live bed
definition instead of just striking the language regarding square footage. These are
radical departures from what the language states today.
Dominic stated that the applicant has no problem with adjusting the sentence to
accommodate what we are trying to do as well as guaranteeing that the provisions of
the plan are met. Also a large departure from what is allowed on the property today.
Commissioner Rediker asked if there is anywhere else that we see the GRFA listed in
other areas.
George responded that you will see reference to GRFA in the fractional fee units &
fractional fee development.
Dominic agreed that there needs to be modifications to section 5.19.3 and they will be
brought back to the commission.
Commissioner Pratt departed the meeting at 4:20pm.
Commissioner Rediker opened the floor for public comment.
Jim Lamont stated that a copy of the questions proposed at the last meeting was
provided to the board. Believes there is additional information that needs to be
provided. Urge members of the board to review the latest information from the urban
land institute on the sustainable tourism. Through this update, Jim took away that we
are not providing enough parking and that this is an extremely important opportunity not
to miss. Jim feels that the town needs to look at our current infrastructure before we
look at any modifications to this plan. We are not meeting the standard today for
sustainable tourism, how will we meet it later. We have other things to look at besides
the development potential of the Evergreen Hotel.
Commissioner Gillette would like to see more concrete information from Mr. Lamont.
He had no additional questions & comments on the presentation.
Commissioner Martin comments stand so far with pedestrian access, north south
pedestrian access is important, Lot 10 is an issue for council as to what they want to
do. Generally the language on the existing accommodation units could be changed.
Commissioner Hansen agrees with Commissioner Martins comments. Generally
acceptable to suggested recommendations.
Commissioner Lockman appreciates Mr. Lamont's comments with regard to future
developments of other sites. Preservation of accommodation units is important.
Otherwise so good so far with the modifications to the plan.
Commissioner Rediker has no major issues with most of the recommendation.
Language needs to be tweaked in section 5.19.3 to preserve unit counts. Appreciate
infrastructure comments and comments on Vail's growth and the concerns about
providing safe environment for guests. Is there a real impact on the number of cars
parked or how dangerous it is going to become should we approve this plan as it is
presented?
Commissioner Martin departed the meeting at 4:40pm. Commissioner Pratt returned to
the meeting at this time.
4. A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail
Town Code, to allow for the future development of Employee Housing Units on the
Chamonix parcel located at 2310 Chamonix Road, Parcel B, Resubdivision of Tract D,
Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC150019)
Applicant: Town of Vail Community Development Department
Planner: George Ruther
Action: Table to September 28, 2015
Motion: Hansen Second: Gillette Vote: 5-0 (Cleveland, Martin
absent)
5. A request for a recommendation to the Vail Town Council for prescribed regulation
amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend
Title 14, Development Standards, pertaining to the standards for Outdoor Lighting,
and setting forth details in regard thereto. (PEC150028)
Applicant: Town of Vail
Planner: George Ruther
Action: Approve with modification
Motion: Gillette Second: Lockman Vote: 4-1 (Cleveland, Martin
absent, Rediker opposed)
Modifications:
1. Strike Christmas tree reference from the definition and modify the definition.
2. Add Cascade Spa to the reference map of exempt areas
George Ruther presented a history of the proposed amendment and a presentation as
per the staff memorandum.
Commissioner Rediker is concerned with the definition of Decorative Outdoor Lighting
and the enforcement of this ordinance. Stated he did not agree with the 11 pm time and
would like to see it made midnight.
6. A request for a final recommendation to the Vail Town Council of a major amendment
to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to allow for the redevelopment of the
former Cascade Village Theater and Colorado Mountain College property to include
14 dwelling units, one (1) onsite Employee Housing Unit and the preservation 4,087
square feet of existing commercial, retail and office space, located at 1310 Westhaven
Drive/Cascade Village, and setting forth details in regard thereto. This project was
previously approved most recently in 2007 and expired on June 1, 2015.
(PEC150014)
Applicant: Ultimate Cascade LLC, represented by Mauriello Planning Group
Planner: Jonathan Spence
Action: Table to October 12, 2015
Motion: Gillette Second: Lockman Vote: 6-0 (Cleveland absent)
7. A request for a recommendation to the Vail Town Council on a major amendment to
Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to allow a revision to the approved
development plan for the Cornerstone site to facilitate the construction of a tensioned
membrane structure, located at 1300 Westhaven Drive/Unplatted,
(Liftside/Cornerstone) and setting forth details in regard thereto. (PEC140019)
Applicant: Charter Sports, represented by Braun & Associates
Planner: Jonathan Spence
Action: Table to October 12, 2015
Motion: Gillette Second: Lockman Vote: 6-0 (Cleveland absent)
8. Approval of Minutes
August �2015PECMeetingResults
Action: Approve
Motion: Rediker Second: Lockman Vote: 6-0 (Cleveland absent)
9. Informational Update
10. Adjournment
Motion: Rediker Second: Hansen Vote: 5-0 (Cleveland, Martin
absent)
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.
Times and order of items are approximate, subject to change, and cannot be relied upon to
determine at what time the Planning and Environmental Commission will consider an item.
Please call (970) 479-2138 for additional information. Sign language interpretation is
available upon request with 48-hour notification. Please call (970) 479-2356,
Telecommunication Device for the Deaf (TDD), for information.
Community Development Department
Published in the Vail Daily September 11, 2015
TO6'UPJ OF VAdL.
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: September 14, 2015
ITEM/TOPIC: A request for a recommendation to the Vail Town Council for the adoption of the
Strategic Plan for Water Quality Improvements on Gore Creek. (PEC150027)
ATTACHMENTS:
Description:
❑ Gore Creek WQIP Strategic Action Plan PEC 091415.pdf Gore Creek Strategic Action Plan
❑ Gore Creek Strategic Action Plan Presentation 091415.pdf Gore Creek Strategic Action Plan Presentation
❑ Gore Creek Strategic Action Plan Executive Summary Attachment 091415.pdf Gore Creek Strategic Action Plan Executive Summary
TOWN OFVAIL �
Memorandum
To: Planning and Environmental Commission
From: Department of Community Development
Date: September 14, 2015
Subject: A request for review of the final draft of the Restore the Gore - Gore Creek
Strategic Action Plan
I. PURPOSE
The purpose of this memorandum is to present a final draft of the Gore Creek Strategic
Action Plan for restoring the water quality and improving macroinvetebrate levels in
Gore Creek. The role of the Town of Vail Planning and Environmental Commission in
this matter according to Section 3-2-6, Vail Town Code, is advisory to the Vail Town
Council, tasked with the review and comment on programs, studies of environmental
issues for the town and the Gore Valley, and to make recommendations to the town
council for the control of pollution and protection of the environment.
The Planning and Environmental Commission will ultimately be asked to forward a
recommendation of approval, approval with modifications, or denial of the Strategic
Action Plan to the Vail Town Council.
II. BACKGROUND
As of 2012 the Colorado Department of Public Health and Environment (CDPHE),
Water Quality Control Commission, added the portion of Gore Creek from Black Gore
Creek to the Eagle River to Colorado's Section 303(d) list of impaired waters for aquatic
life use. To address the 303(d) listing, and to improve water quality, the Eagle County
Urban Runoff Group (URG) funded a model study that focused on identifying causes of
impairment and offering recommendations for improvements, first in Gore Creek, and
eventually for the Eagle and Colorado Rivers. The Gore Creek Water Quality
Improvement Plan (WQIP), completed by Leonard Rice Engineers, may be downloaded
at https://vail.sharefile.com/d/sd773b7f738745c28
As a local government steward, owner and manager of public lands, roadways and
facilities, operator of a public transportation system and storm sewer system, the Town
of Vail as an organization can have a significant impact on the health of Gore Creek.
Therefore, using the information gathered in the WQIP, the Town and its partners have
developed the Restore the Gore: Gore Creek Strategic Plan which identifies specific
action steps, infrastructure and funding needs to reverse the causes of decline,
available for download at http://www.vailgov.com/projects/restore-the-gore.
III. CAUSES OF DECLINE
The WQIP Key Findings suggest that there are three categories of causes for the
decline in water quality in Gore Creek.
1) Pollutants from land use activities
2) Drainage from impervious surfaces
3) Loss of riparian and streamside vegetation
IV. STRATEGIC PLAN PURPOSE STATEMENT, GOALS and OBJECTIVES
At the Town Council session held in January 2014, Council affirmed the following:
Purpose Statement
To ensure that Gore Creek is an outstanding example of environmental quality,
recreation and wildlife habitat in a world-class resort community. The Town of Vail is
committed to restoring the quality of the water in Gore Creek to ensure it is removed,
and is never again listed, on the Colorado Department of Public Health and
Environment's list of "impaired" streams.
Goals
1. Restore the aquatic insect population to exceed the minimum standard set by
CDPHE according to the MMI score within the allotted 10 -year time frame.
2. Ensure Gore Creek water chemistry meets or exceeds regulatory standards
3. Ensure sediment loads meet or exceed regulatory standards
Objectives
1. Improve riparian buffer and stream habitat
2. Reduce impacts of impervious cover
3. Reduce pollutants associated with land use activities
V. STRATEGIC PLAN PROGRESS
In order to further the work of the WQIP and develop specific actions toward improving
water quality, a more detailed assessment of the Town's regulations, riparian buffer
status, best management practices and infrastructure was needed. Therefore, the town
contracted with Lotic Hydrological for the following scope of work.
Objective 1: Regulatory Measures
Implement a process for comparing the Town's land use regulations related to water
quality against a national standard for urban runoff control. Evaluate the
presence/absence of regulations that respond to general categories of
stormwater/urban runoff control (e.g. stream setbacks, construction site runoff control,
etc.) as outlined in National Management Measures to Control Nonpoint Source
Pollution from Urban Areas (EPA, 2005). Preliminary results indicate that while the town
does have regulatory measures in place, there are areas which may be improved
including consolidation of regulations, updated language, more specific best
management practices and more stringent requirements on land use activities within the
riparian area.
Objective 2a: Site Specific Projects
Refine the list of site-specific projects that were previously identified in the WQIP
(concentrated in East Vail), expand the list of projects to include all of Gore Creek and
Town of Vail Page 2
critical tributaries, and provide more detail and cost estimates on each. Lotic
Hydrological has subcontracted with Alpine Engineering to complete this task, with 43 to
50 capital projects identified along Gore Creek with estimated construction costs at $5
million.
Objective 2b: Riparian Areas
Characterize optimal vegetated buffer widths along each side of Gore Creek and its
tributaries as 50% of channel width or 5 meters, whichever is greater. Using GIS,
identify optimal riparian area extent and vegetated buffer. 15 acres of high priority
projects have been identified, plus 100 + acres of adjacent land area that is in need of
improvement.
Objective 3: Monitoring and Study Programs
Evaluate and provide recommendations for continued support of data collection
programs, identify important data gaps and identify new sampling and analysis plans.
Estimate costs and staff requirements.
Objective 4: Best Management Practices
Using the EPA's National Management Measures to Control Nonpoint Source Pollution
from Urban Areas, recommend changes to town policies and operations. This objective
includes interviewing town staff to identify gaps in written policy/regulations vs. practice,
and areas for ongoing operational improvement (e.g. snow removal practices,
infrastructure needs, vehicle and bus washing practices, fueling station and spill
protocols, construction project practices, etc.).
Objective 5: Education and Outreach
Guide the activities of a community advisory committee to inform the strategic plan.
Develop a scope of work for an education and outreach plan focused on raising
awareness of existing water quality conditions, engendering personal attachments to
Gore Creek and modifying behaviors at the individual level.
Objective 6: Prioritization
Develop criteria to evaluate projects against (e.g. feasibility, cost, impact). Prioritization
of all projects including site specific projects, regulatory measures and policies, data
collection activities, riparian area improvements, education and outreach needs.
Objective 7: Planning and Implementation of High -Priority Actions
Release Request for Proposals (RFP) to identify and evaluate the complete inventory of
existing stormwater infrastructure, create a database and drainage area map in order to
properly maintain and improve the system. This objective includes stormwater modeling
to assist in the prioritization of capital improvement projects.
VI. STAFF RECOMMENDATION
As this is a work session, there is no staff recommendation at this time.
VII. ATTACHMENTS
A. Executive Summary — Top 20 Recommended Actions
Town of Vail Page 3
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TO6'UPJ OF VAdL.
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: September 14, 2015
ITEM/TOPIC: A request for a recommendation to the Vail Town Council for an amendment to the
Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the
Master Plan, Lionshead Redevelopment Master Plan, to amend the Detailed Plan
Recommendations for the Evergreen Lodge at Vail, located at 250 South Frontage Road West/Lot
2W, Block 1, Vail Lionshead Filing 2, and setting forth details in regard thereto. (PEC140044)
ATTACHMENTS:
ame: Description:
PEC140044 Evergreen Lodge LRMP Text Amendment Memo 091415.pdf Staff Memorandum
D Evergreen Lodge Master Plan Amendment 091415.pdf Power Point Presentation
0
TOWN OF VAIL
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: September 14, 2015
SUBJECT: A request for a recommendation to the Vail Town Council for an amendment to
the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption
and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to
amend the Detailed Plan Recommendations for the Evergreen Lodge at Vail,
located at 250 South Frontage Road West/Lot 2W, Block 1, Vail Lionshead Filing
2, and setting forth details in regard thereto. (PEC140044)
Applicant: Evergreen Lodge at Vail, represented by Mauriello Planning Group
Planner: George Ruther
SUMMARY
The applicant, Evergreen Lodge at Vail, represented by the Mauriello Planning Group,
is requesting a work session with the Planning and Environmental Commission
(Commission) to discuss proposed amendments to the Lionshead Redevelopment
Master Plan (LRMP). The applicant will seek approval of these amendments when the
land exchange between the Vail Valley Medical Center (VVMC) and the Evergreen
Lodge (EL) is finalized. At this time, it is likely the land exchange will occur as
conversations are ongoing and efforts are being made by all parties to execute a final
agreement. This work session is intended to begin a dialogue with the Commission and
engage the community to identify the desired redevelopment outcomes of the
Evergreen Lodge site should a land exchange occur.
As this public hearing is a work session, staff has not prepared a recommendation for
consideration by the Planning and Environmental Commission. A staff recommendation
will be provided at the time of the final public hearing on this application request.
The applicant requests the Commission continues this public hearing to the September
28, 2015 meeting of the Planning and Environmental Commission.
II. DESCRIPTION OF REQUEST
The applicant, Evergreen Lodge at Vail, represented by the Mauriello Planning Group,
is requesting a work session with the Planning and Environmental Commission to
discuss proposed amendments Chapter 5, Detailed Plan Recommendations, subsection
5.19, Evergreen Lodge at Vail, of the Lionshead Redevelopment Master Plan. The four
purposes of the amendments are to:
1. Clearly identify and articulate the desired outcomes of a future redevelopment
of the Evergreen Lodge at Vail property,
2. Remove language from the Master Plan which is no longer relevant or
applicable,
3. Respond to changes in conditions as a result of the land exchange with Vail
Valley Medical Center, and
4. Establish predictability within the review process by providing detailed site
specific recommendations for redevelopment of the Evergreen Lodge at Vail site.
The purpose of this worksession is to accomplish the following tasks:
1. Present an overview of Chapters 4 & 5 of the Lionshead Redevelopment
Master Plan; Master Plan Recommendations — Overall Study Area and Detailed
Plan Recommendations.
2. Present a written response to the questions raised at the worksession on
August 10, 2015.
3. Present an overview of the proposed amendments.
4. Receive any initial feedback and comments the Commission or public may
have with regard to the proposed amendments.
III. PROPOSED AMENDMENTS
The amendments proposed by the applicant are drafted and presented assuming the
proposed land exchange has occurred. Text to be added to the LRMP is shown in bold
italics and text to be deleted is shown in strikethre g
5.19 Evergreen Lodge at Vail
The Evergreen Lodge at Vail is located directly east of the Middle Creek Stream
Tract and is bordered to the north by the South Frontage Road and to the sem#
east by the Vail Valley Medical Center.,, ard te the east by the West Rant
The lot area is 136,807 114,337 square feet or 3.14 2 6525 acres.
Since the original inclusion in the Lionshead Redevelopment Master Plan, a
portion of the Evergreen Lodge parcel, adjacent to the existing VVMC
parking garage, was sold in 2014 to the Vail Valley Medical Center (VVMC).
Additionally, in _(month of 2015, the Evergreen Lodge and the Vail Valley
Medical Center, entered into an agreement to exchange land that resulted
in the Evergreen Lodge acquiring approximately 12,500 sq. ft. of the VVMC
property south of the Evergreen Lodge and VVMC acquiring 9,970 sq. ft. of
Town of Vail Page 2
Evergreen Lodge land east of the Lodge. (See figure ???) The agreement
was reached based on the results of a two day charrette between VVMC,
Town of Vail, and the Evergreen Lodge representatives, which was
conducted in December of 2014 where the parties developed a workable
conceptual development plan benefiting all parties. The resulting land area
for the Evergreen Lodge is approximately 2.68 acres after the land trade.
Physical improvements that currently exist on the site are a nine-story tall
hotel/condominium structure with an adjoining two-story tall hotel facilities wing
(19 dwelling units and 128 accommodation units) #gone below-grade
structured parking garage (52 parking spaces), and paved surface parking (85
parking spaces). The nine-story tall structure has a predominant east-west
orientation along the southerly edge of the site while the facilities wing has a
north-south orientation along the westerly edge of the site. Vehicle access to
the site is provided at two curb cuts along the South Frontage Road. No
dedicated loading and delivery berths currently exist on the site. Delivery
vehicles often are required to maneuver onto the site by backing from the
South Frontage Road. The eastern narking garage utilized by the VailValley
('
Medinal enter fer emnleyee narking and is annessed from the "9'796 ith Fr9ntage
Re—ad threugh a shared eRtFyieXi�Ft� \A/�Sta Ronk nffine h. Iding
Opportunities for future improvements and upgrades include.
• Elimination of surface parking and creation of more underground parking;
• Enclosed Loading and Delivery;
• Architectural enhancements consistent with the Lionshead Architectural
Design Guidelines;
• Improved exterior lighting;
• Coordinated vehicular access and implementation of the Vail Streetscape
Master Plan recommendations;
• Creek improvements to improve health and access by the public;
• Improved streetscape and landscaping along the South Frontage Road;
• Improved pedestrian circulation along the South Frontage Road and
connection to West Meadow Drive, and
• Upgraded and expanded hotel accommodations and amenities.
5.19.1 Pedestrian Access
Pedestrian access should be upgraded to provide a safe and attractive
pedestrian connection from the South Frontage Road, through the Evergreen
Lodge development site and/or the adjacent tracts of land owned by the
Town of Vail and the Eagle River Water and Sanitation District, to West
Meadow Drive and with a continuous pedestrian/bicycle path along the South
Frontage Road, as dGpmnted 9n Map T herein consistent with the Town's
proposed plans for a roundabout along the frontage of the Evergreen
Lodge property (see figure ???). A gravel path connecting the South Frontage
Road to the paved pedestrian path located on the east side of the Dobson Ice
Arena presently exists along the south side of the property. This path, while
functional, receives little, if any, regular maintenance and includes a railroad tie
Town of Vail Page 3
set of stairs that is unsafe and in disrepair. There are currently no pedestrian
improvements located along the South Frontage Road along the Evergreen
Lodge frontage. Though no improvements exist, a fair number of pedestrians
use the southerly edge of the South Frontage Road when entering or exiting the
site or while traveling past the property. In order to improve pedestrian access
and safety, it is recommended that future redevelopment of the site includes the
construction of a continuous pedestrian/bicycle path along the South Frontage
Road and that the existing gravel path along the southerly edge of the site be
improved and regularly maintained. Said imnrnVomontc may ReGeSSitoto the
Reed fern estrian aGGGGG easel�ents-threug„ the site. Based on the results of
the charrette with VVMC, the land trade provides an opportunity to create a
pedestrian walkway from the South Frontage Road to West Meadow Drive
along the new shared property line between the structures on both
properties. Conceptually, the new walkway could benefit users of both the
VVMC and the Evergreen Lodge properties while also allowing for access
by the public. It may be necessary to utilize the Town owned Lot 10 to
accomplish the desired pedestrian connection from South Frontage Road
to West Meadow Drive, a desired public improvement.
5.19.2 South Frontage Road Improvements and Vehicular Access
The site is currently accessed by vehicles from the South Frontage Road #ren}
with two, full movement-,4we-way access points. The current location of these
access points relative to the existing access points for the `^��aT US Bank
Building, Vail Valley Medical Center parking structure, Town of Vail Municipal
Buildings, and potential future access points to the Vail Valley Medical Center
and Vail International Building results in undesirable traffic flow and turning
movements creating traffic safety, aPA capacity, and level of service concerns.
In keeping with Policy Objective 2.3.4, Improved Access and Circulation, of the
Plan, opportunities for public transportation and vehicular circulation
improvements should be explored in conjunction with any future redevelopment
of the site. Vehicular access to the Evergreen Lodge from West Meadow
Drive shall be prohibited. Possible opportunities for improvements may
include, an improved mass transit stop, relocated/reduced/shared points of
entry/exiting, restricted access points, acceleration/ deceleration lanes, greater
sight distances, dedicated turning lanes and landscaped medians, and the
evaluation and possible implementation of an intersection solution, such as a
roundabout. It is preferred by the Town that a full roundabout be located
along the frontage of this site that takes into account the additional
through traffic needs generally of the community but also specifically of
the future redevelopment of the Town's municipal site, VVMC, and the
Evergreen Lodge property, though additional study of the roundabout
design is necessary. As currently envisioned, the roundabout and roadway
improvements would allow for a primary right in, right out vehicular access
and a separate right in, right out service vehicle access to the Evergreen
Lodge property.
Town of Vail Page 4
5.19.3 Preservation of Existing Accommodation Units
The Evergreen Lodge presently contains 128 short-term accommodation units. In
addition, the Evergreen Lodge also contains a restaurant and meeting space
facilities incidental to the operation of the Lodge. Built in 1974 these existing
units and facilities are old and developed to the standards desired decades
ago and no longer provide guests with accommodations meeting modern
expectations. Given the importance and need for short-term accommodations
to the vitality and success of the community, any future redevelopment of the site
shall ensure the preservation of short-term accommodation units on the site,
pursuant to the live bed policy in Section 4.13. The precerya+inn of chert term
aggnmmnrlatinnc chef ld fegi is nn maintaining the number of evicting hetet herlc
and to omni in f grecs recirlep���gi lore fen a nn site as yVell ac
'QTTGT l,-l�T'ffC"GlT TL�TIT �fPP L1�J'YPCSf1TrJ
regi airing the nreseFyatien of 128 annemmedatien i snits With this in mind the
,
quality of the evicting aggnmmnrlatinn unit reem gni ild he upgraded and the
reemc regenfigi irerl to greats mi ilti_rnnm ci iitec In ne inctARGe hewever, shei ild
m-rtv-rna cr c� hewever, c-aTcr
the omni int of grecs residential fleer area rleieterl to aggnmmnrlatinn i initc he
redr_ed- While the development trend in Vail over the last two decades has
been to focus on high-end, luxury accommodations utilizing more floor
area per room, the opportunity exists to create high quality units that are
smaller and more affordable yet still achieve the goal of maintaining the
existing number of keys, live beds, and improving the revenues and vitality
of the Town. IR faGt, Opportunities for increasing the number of accommodation
units beyond the existing 128 units already on-site should be evaluated during
the development review process. For example, the construction of "attached
accommodation units", as defined in thi��RiRg Reg6l;At;e;s or the provision of
a rental management program, could significantly increase the availability of
short-term rental opportunities within the building.
5.19.4 Impacts on Middle Creek Stream Tract
The Mirlrlle Greek gtrreo c} lies
Tri Mie+ of G�ergr�crrl"ryo The
YVR by the TA- 4n iT The Evergreen site is bordered on
the
west by Middle Creek running through two tracts of land. one owned by the
Town and one owned by the Eagle River Water and Sanitation District. The
tracts are +s heavily vegetated with several substantial deciduous trees and a
significant lower layer of underbrush and also includes some pedestrian path
improvements and a pedestrian bridge. Given the importance of water
quality it is imperative that any future development on the Evergreen Lodge
site does not negative impact the riparian corridor of Middle Creek.
Although the site borders thce""i�'d',�Greek 9treern T-PaGt, these tracts, there is
no significant amount of quality vegetation on the site and the parcel lies out of
the 100 -year flood plain. As currently configured, opportunities exist to better
recognize the benefits of creek side development and to improve and enhance
the riparian corridor. While the Pat-ral riparian corridor of Middle Creek should
nes-reeds te remain protected and preserved, the physical and visual relationships
and references between adjacent development and the stream tracts should be
Town of Vail Page 5
strengthened. Careful consideration should be taken when approving any
application for development adjacent to the Creek. An opportunity exists to
create a significant connection between the Evergreen Lodge and Middle Creek.
Any use of Middle Creek for aesthetic or recreational purposes, however, should
be subordinate to the preservation of the natural riparian corridor and its inherent
natural character. The Middle Greek StFeam T,-P;;At These stream tracts may
provide an opportunity for the construction of a recreational path connecting the
South Frontage Road and uses on the Evergreen Lodge property to the
existing pedestrian paths at the Dobson Ice Arena providing a strong
pedestrian connection to West Meadow Drive.
5.19.5 Relationship to the Vail Valley Medical Center and the proposed
Cpntpr Lot 10
Perhaps the most critical functional relationship is the need to coordinate any
future development on the Evergreen Lodge site with the Vail Valley Medical
Center.C,�examele eveFy offer+ ohei ild be taken to enol ire that future
pathway cGRReet+eRs,Aid-enc anryec. Both parties have taken steps to
ensure the properties can be redeveloped in a more coordinated manner by
executing the land exchange. The land exchange provides better access
length and frontage and redevelopment opportunities to the Vail Valley
Medical Center by securing additional South Frontage Road access and
providing a location for the future emergency helipad providing direct
access to medical facilities on -campus. The exchange of land gives the
Evergreen Lodge an opportunity to make an important pedestrian
connection to West Meadow Drive, thereby strengthening the pedestrian
connection into Lionshead and Vail Village. The land exchange also allows
for a better vehicular access by providing a reasonable location for a
roundabout located in front of the Evergreen Lodge improving access to
both properties. This pedestrian connection potentially utilizes a one-story
deck that could cover surface parking on the VVMC campus. While a deck
provides covered and screened parking, it also adds a landscape element
benefiting the views and use by patrons from Evergreen Lodge and VVMC.
In order for a connection and landscape enhancement to be successful, it
must be developed without setbacks between the properties and may
require stairs and elevator access on or adjacent to Lot 10. (see figure
???)
The Town owns Lot 10, which is located at the southwest corner of the
existing VVMC campus and at the southern end of the land included in the
land trade to the Evergreen Lodge (see figure ???). The southerly portion
of Lot 10 is developed as West Meadow Drive street and sidewalk
Town of Vail Page 6
improvements and the northerly portion is currently developed with a
surface parking lot currently used jointly by VVMC and the Town's library
personnel. While not essential for the redevelopment of the Evergreen
Lodge, a preferred alternative would be to allow a portion of Lot 10 to be
used by the Evergreen Lodge to provide a strong connection to West
Meadow Drive. Any private use of Lot 10 should provide a public benefit to
the community and interest, vitality, and interaction with pedestrians along
West Meadow Drive, such as public art or a public park and provide for
access of Evergreen Lodge patrons. The other portion of Lot 10 not
utilized by the Evergreen Lodge could be utilized for a covered landscape
deck and parking for VVMC and pedestrian connection enhancements to
allow connection back to the South Frontage Road. (see figure ???)
Because it is unlikely that the redevelopment of the Evergreen Lodge and
VVMC will occur within the same timeframes, any redevelopment of the
Evergreen Lodge property or VVMC property will need to provide
appropriate interim development solutions that allow the properties to be
developed in a functional and aesthetic fashion. Guarantees and/or
temporary improvements such as landscape buffers and pedestrian paths
may be required of any redevelopment program in the interim.
5.19.6 Service and Delivery
Service and delivery functions for the hotel are currently accommodated on
grade from the westerly entrance to the property. Service and delivery for the
redeveloped Evergreen Lodge should occur within the structures
or otherwise be hiiddep adequately screened from public view. Service and
delivery truck turning maneuvering should not negatively impact traffic flow on
the South Frontage Road and it is anticipated that a separate loading and
service entry will be allowed in conjunction with the placement of a
potential new roundabout in this location. `�h a Ra aI RaRt E)f t#e"SAF
annecc ppintc atten+inn chili ild he given til the Ipna+inn of and parking
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level mini ild help til mipimiZe the apparent height of the existiRg er future
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5.19.7 Setbacks from the Ce- -+h Cren+ane Read
Special consideration should be given to the setback of buildings from the South
Frontage Road. Pursuant to the Lionshead Mixed Use -1 zone district setback
standards, a minimum 10 -foot (10') setback is required. Given the relationship of
the development site to the South Frontage Road, the need for adequate area for
vehicular traffic circulation, the importance of a landscape area to visually screen
the massing of the building, and the existence of a 30 -foot wide utility easement
along the southerly edge of the South Frontage Road, the minimum required
Town of Vail Page 7
front setback for the Evergreen Lodge development site shall be thirty feet (30')
This increased setback requirement shall supersede the 10 -foot setback
requirement prescribed in Section 12-7H-10, Setbacks, Vail Town Code.
Based to the coordinated efforts and agreements between the Evergreen
Lodge and the Vail Valley Medical Center, there are opportunities for a
covered parking deck and pedestrian access landscape plaza to be
developed between the properties. If appropriately designed, a zero set
back in these areas should be considered during the development review
process. Additionally, below grade improvements, including but not limited
to, parking and circulation improvements may be developed without the
need for setbacks if found to be consistent with the Town's development
objectives.
5.19.8 Architectural Improvements and Building Heights
The architectural design guidelines (Chapter 8) discuss several transition tools
that can be used to adapt an existing building to the new character and
architectural quality desired for Lionshead. Given the high visibility of the
buildings on this site and the extent to which they influence the quality of the
experience of passers-by, all future development on the site should be closely
scrutinized for compliance with the applicable architectural design guidelines.
That said, the Evergreen Lodge is located in a transitional area with VVMC,
the Library, and Dobson Arena, which tend to have more modern or
institutional architecture. It may be appropriate to allow the Evergreen
Lodge to be redeveloped with a contemporary expression of alpine
architecture to address this transitional location provided it is found to be
consistent with the Town's development objectives and adopted design
guidelines. The building will need to have a relationship to adjacent
buildings and pedestrian corridors. With the addition of the land acquired
from the Vail Valley Medical Center, the Evergreen Lodge has the
opportunity to step building mass down towards West Meadow Drive in a
north/south orientation. Building mass should step down from the South
Frontage Road to the south boundary of the Evergreen Lodge property.
The building on the exchange parcel should step down to a maximum of
four or five stories with complementary roof forms to achieve a more
pedestrian scale building, consistent with the west wing of the medical
center. The final building massing, scale and form shall be determined
during the development review process.
5.19.9 Public Transit Stop
A public transit stop is presently located east of the `^��aT US Bank Building,
across the street from the Town Municipal offices. Through the future
redevelopment of the Evergreen Lodge and the Vail Valley Medical Center, an
Town of Vail Page 8
opportunity exists to potentially relocate the transit stop to a more optimal
location.
IV. DISCUSSION ITEMS
5.19 Evergreen Lodge at Vail
The master plan language included within this section provides a broad overview of the
existing site, structure and outcomes of the land exchange. The proposed changes
contain facts associated with the potential land exchange and identify opportunities for
future improvements and upgrades.
• Staff agrees that a figure depicting the land exchange and overall parcel would
be beneficial to this section.
5.19.1 Pedestrian Access
This section of the Plan highlights the importance of pedestrian connections along the
South Frontage Road and north/south through the site connecting West Meadow Drive
to the South Frontage Road. The applicant has proposed to strike the sentence
identifying the need for a public easement to be placed upon the pedestrian
connections. This section concludes with recommendations for the Town owned Lot
10.
Staff agrees that a figure depicting the pedestrian connections would be
beneficial to the understanding of this need and recommends Map T be
amended accordingly.
It should be noted that the Town Council will need to review statements
regarding Lot 10 and determine its role in the revised text.
Staff recommends the sentence identifying the need for public pedestrian
easements remain as an expectation within this section.
5.19.2 South Frontage Road Improvements and Vehicular Access
This section of the Plan speaks to the future traffic improvements needed on the South
Frontage Road to address access to the Evergreen Lodge, Vail Valley Medical Center
(VVMC), and the Town municipal site. Significant review and vetting has resulted in a
solution which incorporates a roundabout and medians which would restrict many site
access turning movements to right-in/right-out. The proposed language speaks to the
roundabout solution that has been captured in the VVMC Master Plan. It is also
anticipated that amendments will be forthcoming to the Vail Transportation Master Plan
to capture this recent traffic improvement within the plan.
Staff recommends a statement be added emphasizing the importance of the
roundabout to ensure Town accepted Levels of Service (LOS) are achieved and
that it is noted that CDOT requirements shall be met with regard to all driveways
and access points.
Town of Vail Page 9
5.19.3 Preservation of Existing Accommodation Units
Within this section of the Plan the applicant proposes to strike the requirement to
preserve the number of accommodation units on the site and the amount of gross
residential floor area devoted to accommodation units. This requirement captures the
intent of several Master Plan goals and objectives. Policy Objective 2.3.3, Stronger
Economic Base Through Increased Live Beds, Lionshead Redevelopment Master Plan,
speaks to the importance of live beds and policy of no net loss of existing live beds.
Within the Vail Land Use Plan Commercial Goals 3.1, 3.2, and 3.3 speak to the
importance of hotels. Staff has included these goals within Section V of this
memorandum.
In place of this requirement the applicant has cited Section 4.13, Live Beds, Lionshead
Redevelopment Master Plan as the guiding policy for the redevelopment of the site (text
included in Section V). The Live Bed policy does not necessarily require the
incorporation of accommodations units. It allows for a mixture of unit types which can
be owned in whole or in part, thus resulting in the ability to choose not to participate in
any rental program.
Staff finds it necessary to maintain a requirement within this section clearly
identifying the need for accommodation units to be located upon the site. There
may be some merit to a discussion which seeks to achieve an equivalency with
any new development as compared to the existing development. Staff
recognizes that the 128 hotel rooms on the site were developed in 1974 and may
not meet the needs of our guests in terms of modern design, size, amenities, etc.
It may be appropriate to discuss a requirement to maintain the gross residential
square footage devoted to accommodation units while allowing for some
reduction in overall number or vice -versa. Regardless, whatever language is
ultimately approved, it must further the Town's policy regarding live beds. Staff
would like to engage in a conversation with the Commission and applicant
regarding this requirement at the public hearing.
5.19.4 Impacts on Middle Creek Stream Tract
This section identified the need to protect and preserve the Middle Creek riparian
corridor prior to the listing of Gore Creek on the 303d list of impaired streams. The
proposed text changes expand upon the concept of protecting and reestablishing the
riparian corridor while balancing the possibility to establish it as an amenity to the
community and the Evergreen Lodge site.
• Staff recommends language is added to address a requirement to comply with
any adopted stream health initiatives, policies, and/or regulations that are
developed as the town moves forward on improvements to Gore Creek stream
health.
Town of Vail Page 10
5.19.5 Relationship to the Vail Valley Medical Center and the proposed Vail Givin
r-pntpr Town's Lot 10
This section includes proposed text highlighting the opportunities created by the land
exchange. Furthermore it speaks to the likelihood of an interim scenario as the VVMC
may redevelop sooner than the Evergreen Lodge site and consideration will need to be
given to changes to vehicular access, pedestrian paths, landscaping, etc.
Staff would agree that a figure depicting the pedestrian connections would be
beneficial to the understanding of this need.
It should be noted that the Town Council will need to review statements
regarding Lot 10 and determine its role in the revised text. Should this
amendment move forward the Town Council would weigh in on any provisions
regarding Lot 10 and its future inclusion in any development scenario.
5.19.6 Service and Delivery
Amendments to this section include a provision for a separate curb cut access for
loading and delivery vehicles. Within the VVMC MP a provision for the exploration of a
shared loading and delivery scenario between the VVMC and Evergreen Lodge was
included in Chapter 10, Potential Land exchange with the Evergreen Lodge.
Staff recommends language is added to this section identifying a need to explore
shared loading and delivery scenarios with the VVMC. A sentence with this
same requirement was included in the PEC recommended VVMC MP text to
Town Council. While VVMC will likely maintain some form of service and
delivery on West Meadow Drive, as contemplated in the VVMC MP, there may
be opportunities to further reduce vehicle trips on West Meadow Drive.
5.19.7 Setbacks from the South Creentage Read
No text is proposed to be stricken within this section. Text has been added to address
the potential for a covered parking deck in the location of the west parking lot for the
VVMC. Below grade encroachments into the required setbacks have been permitted
upon several properties zoned Lionshead Mixed Use 1. The encroachment of below
grade improvements has been balanced with the need to be able to plant appropriate
vegetation upon the structure. Items to consider are the loads placed upon any below
grade structure through the placement of soil and plant material and water drainage.
Staff recommends a figure be added to this section to depict the concepts
included within the proposed text for consideration of zero setbacks. A zero
setback should not be granted at this time. Staff cannot evaluate and comment
on any proposed reduction in setbacks without the provision of graphics depicting
any proposed reductions in the 10 -foot minimum setback.
5.19.8 Architectural Improvements and Building Heights
Town of Vail Page 11
No text is proposed to be stricken within this section. Text has been added to address
the need to step the structure down as the development approaches West Meadow
Drive. Additionally, it speaks to the need for the development to relate to adjacent
buildings. It is important to note that the future emergency helipad building is to be
located on the northwest corner of the VVMC site. This new building is identified as
being up to 75 feet in height.
• Staff recommends the inclusion of a figure identifying the anticipated bulk and
mass envisioned for the site through the indication of the number of floor plates
upon various portions of the site. Conceptual in nature, the figure generally
depict
5.19.9 Public Transit Stop
There were no substantive changes made to this section. The recommendations
contained within remain valid.
V. BACKGROUND
The Evergreen Lodge was previously zoned Special Development District No. 14 with
an underlying zoning of High Density Multiple -Family. The Special Development District
(SDD) was established via Ordinance No. 5, Series of 1986. The SDD permitted 128
accommodation units, 19 dwelling units, a restaurant, lounge, spa, and meeting
room/conference facility space.
On December 20, 2005, Resolution No. 23, Series of 2005, was approved by the Vail
Town Council amending the Lionshead Redevelopment Master Plan to include detailed
plan recommendations for the Evergreen Lodge site and amend the boundaries of the
Lionshead Study Area. Additionally, Ordinance No. 30, Series of 2005, was adopted
establishing Lionshead Mixed Use 1 District zoning for the Evergreen Lodge parcel.
On August 10, 2015, the Planning and Environmental Commission held a worksession
to begin discussion regarding the proposed master plan amendment application. As a
result of the worksession and public comment, a number of questions and issues were
raised.
VI. APPLICABLE PLANNING DOCUMENTS
Staff believes that the following provisions of the Vail Town Code are relevant to the
review of this proposal:
TITLE 12: ZONING REGULATIONS
Article 12-7H Lionshead Mixed Use 1 (LMU-1) District (in part)
Town of Vail Page 12
12-7H-1: PURPOSE:
The Lionshead mixed use 1 district is intended to provide sites for a mixture of multiple -
family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units,
restaurants, offices, skier services, and commercial establishments in a clustered,
unified development. Lionshead mixed use 1 district, in accordance with the Lionshead
redevelopment master plan, is intended to ensure adequate light, air, open space and
other amenities appropriate to the permitted types of buildings and uses and to maintain
the desirable qualities of the zone district by establishing appropriate site development
standards. This zone district is meant to encourage and provide incentives for
redevelopment in accordance with the Lionshead redevelopment master plan.
This zone district was specifically developed to provide incentives for properties to
redevelop. The ultimate goal of these incentives is to create an economically vibrant
lodging, housing, and commercial core area. The incentives in this zone district include
increases in allowable gross residential floor area, building height, and density over the
previously established zoning in the Lionshead redevelopment master plan study area.
The primary goal of the incentives is to create economic conditions favorable to
inducing private redevelopment consistent with the Lionshead redevelopment master
plan. Additionally, the incentives are created to help finance public off site
improvements adjacent to redevelopment projects. With any
development/redevelopment proposal taking advantage of the incentives created
herein, the following amenities will be evaluated. streetscape improvements,
pedestrian/bicycle access, public plaza redevelopment, public art, roadway
improvements, and similar improvements.
LIONSHEAD REDEVELOMENT MASTER PLAN
2.3 Policy Objectives
The Town Council adopted six policy objectives on November 4, 1996 to outline the
important issues to be addressed in the master plan and to provide a policy framework
for the master planning process.
2.3.1 Renewal and Redevelopment
Lionshead can and should be renewed and redeveloped to become a warmer,
more vibrant environment for guests and residents. Lionshead needs an
appealing and coherent identity, a sense of place, a personality, a purpose, and
an improved aesthetic character.
2.3.2 Vitality and Amenities
We must seize the opportunity to enhance guest experience and community
interaction through expanded and additional activities and amenities such as
performing arts venues, conference facilities, ice rinks, streetscape, parks and
other recreational improvements.
Town of Vail Page 13
2.3.3 Stronger Economic Base Through Increased Live Beds
In order to enhance the vitality and viability of Vail, renewal and redevelopment in
Lionshead must promote improved occupancy rates and the creation of
additional bed base ("live beds" or "warm beds') through new lodging products.
Live beds and warm beds are best described as residential or lodging rooms or
units that are designed for occupancy by visitors, guests, individuals, or families
on a short term rental basis. In order to improve occupancy rates and create
additional bed base in Lionshead, applications for new development and
redevelopment projects which include a residential component shall provide live
beds in the form of accommodation units, fractional fee club units, lodge dwelling
units, timeshare units, attached accommodation units (i.e, lock -off units), or
dwelling units which are included in a voluntary rental management program and
available for short term rental. Further, it is the expressed goal of this Plan that
in addition to creating additional bed base through new lodging products, there
shall be no net loss of existing live beds within the Lionshead Redevelopment
Master Plan study area.
2.3.4 Improved Access and Circulation
The flow of pedestrian, vehicular, bicycle and mass transit traffic must be
improved within and through Lionshead.
2.3.5 Improved Infrastructure
The infrastructure of Lionshead (streets, walkways, transportation systems,
parking, utilities, loading and delivery systems, snow removal and storage
capacity) and its public and private services must be upgraded to support
redevelopment and revitalization efforts and to meet the service expectations of
our guests and residents.
4.13 Live Beds
The maintenance, preservation, and enhancement of the live bed base are critical
to the future success of Lionshead and as such, special emphasis should be
placed on increasing the number of live beds in Lionshead as the area undergoes
redevelopment. The Lionshead area currently contains a large percentage of the
Town's overall lodging bed base. The bed base in Lionshead's consists of a
variety of residential and lodging products including hotels, condominiums,
timeshares and hybrids of all three. The vast majority of live beds in Lionshead
are not accommodation units in hotels, but instead, in dwelling units in residential
condominiums such as the Vail 21, Treetops, Antlers Lodge, Lion Square Lodge,
Lifthouse Lodge, Landmark Tower and Townhomes, Lionshead Arcade, and
Montaneros, all of which have some form of rental/property management program
that encourages short term rental of dwelling units when the owners are not in
residence. It has been the experience in Lionshead that condominium projects
which include a voluntary rental management program have occupancy rates
which exceed the occupancy rate of hotel products, and therefore tend to provide
more live beds and produce more lodging tax revenues to the Town. Applications
for new development or redevelopment which maintain, preserve, and enhance
the live bed base in Lionshead have a significantly greater chance of approval in
the development review process than those which do not.
Town of Vail Page 14
4.13.1 Live Bed Definition
Pursuant to Policy Objective 2.3.3, live beds (and warm beds) are defined
as residential or lodging rooms or units that are designed for occupancy
by visitors, guests, individuals, or families, on a short term rental basis. A
live bed may include the following residential products. accommodation
units, fractional fee club units, lodge dwelling units, timeshare units,
attached accommodation units (i.e., lock -off units), and dwelling units
which are included in a voluntary rental management program and
available for short term rental.
4.13.2 Location of Live Beds
Live beds should be located in Lionshead pursuant to the Lionshead
Mixed Use 1 and 2 zone districts. All properties within Lionshead, when
developing or redeveloping and providing new residential or lodging
products, should provide live beds as defined herein.
4.13.3 Hotel -types of Services and Amenities
To aid in the furtherance of Policy Objective 2.3.3 of the Plan, the creation
of additional live beds should include hotel -types of services and
amenities. Such services and amenities may include, but not be limited
to, the operation of a front desk, registration/reservation capabilities,
recreational amenities, guest drop-off, on-site management, etc. These
types of services and amenities in multiple family residential dwellings will
increase the likelihood that the dwelling units will be made available for
short term occupancy and help to promote improved occupancy rates.
4.13.4 Review of New Development and Redevelopment Projects
The Planning and Environmental Commission shall consider the policies
and direction given by this Plan with respect to live beds when reviewing
new development and redevelopment projects in Lionshead. Applications
for new development or redevelopment shall maintain the live bed base in
Lionshead. Applications for new development and redevelopment which
enhance the live bed base have a significantly greater chance of approval
in the development review process than those which do not. A proposal's
adherence to the policies contained in the adopted master plan will be one
of the factors analyzed by staff, the Planning and Environmental
Commission (PEC), the Design Review Board (DRB), and the Town
Council (as applicable) in determining whether to approve or disapprove
the specific proposal.
VAIL LAND USE PLAN
CHAPTER 11— LAND USE PLAN GOALS / POLICIES.-
The
OLICIES.The goals articulated here reflect the desires of the citizenry as expressed through the
series of public meetings that were held throughout the project. A set of initial goals
were developed which were then substantially revised after different types of opinions
Town of Vail Page 15
were brought out in the second meeting. The goal statements were developed to reflect
a general consensus once the public had had the opportunity to reflect on the concepts
and ideas initially presented. The goal statements were then revised through the review
process with the Task Force, the Planning and Environmental Commission and Town
Council and now represent policy guidelines in the review process for new development
proposals. These goal statements should be used in conjunction with the adopted Land
Use Plan map, in the evaluation of any development proposal.
The goal statements which are reflected in the design of the proposed Plan are as
follows.
1. General Growth/ Development
1.1 Vail should continue to grow in a controlled environment, maintaining a balance
between residential, commercial and recreational uses to serve both the visitor and
the permanent resident.
1.2 The quality of the environment including air, water and other natural resources
should be protected as the Town grows.
1.3 The quality of development should be maintained and upgraded whenever
possible.
1.13 Vail recognizes its stream tract as being a desirable land feature as well as its
potential for public use.
3. Commercial
3.1 The hotel bed base should be preserved and use more efficiently.
3.2 The Village and Lionshead areas the best location for hotels to serve the future
needs of destination skiers.
3.3 Hotels are important to the continued success of the Town of Vail, therefore
conversion to condominiums should be discouraged.
3.4 Commercial growth should be concentrated in existing commercial areas to
accommodate both local and visitor needs.
4. Village Core/ Lionshead
4.1 Future commercial development should continue to occur primarily in existing
commercial areas. Future commercial development in the Core areas needs to be
carefully controlled to facilitate access and delivery.
Town of Vail Page 16
4.2 Increased density in the Core areas is acceptable so long as the existing
character of each area is preserved through implementation of the Urban Design
Guide Plan and the Vail Village Master Plan.
4.4 The connection between the Village Core and Lionshead should be enhanced
through.-
a.
hrough.a. Installation of a new type of people mover.
b. Improving the pedestrian system with a creatively designed connection,
oriented toward a nature walk, alpine garden, and/or sculpture plaza.
c. New development should be controlled to limit commercial uses.
5. Residential
5.1 Additional residential growth should continue to occur primarily in existing,
platted areas and as appropriate in new areas where high hazards do not exist.
5.2 Quality time share units should be accommodated to help keep occupancy rates
UA
5.3 Affordable employee housing should be made available through private efforts,
assisted by limited incentives, provided by the Town of Vail, with appropriate
restrictions.
5.4 Residential growth should keep pace with the market place demands for a full
range of housing types.
5.5 The existing employee housing base should be preserved and upgraded.
Additional employee housing needs should be accommodated at varied sites
throughout the community.
VII. CRITERIA
Amendments to the Lionshead Redevelopment Master Plan require a public hearing
review process as outlined in Section 12-3-6 of the Town Code. If approved,
amendments are adopted by the passage of a resolution by the Vail Town Council.
According to the Lionshead Redevelopment Master Plan, amendments to the Master
Plan must address the following review criteria:
How have conditions changed since the plan was adopted?
How is the plan in error?
How would an addition, deletion, or change to the plan be in concert with
the plan in general?
Staff will provide responses to these criteria when a final recommendation is requested
from the Planning and Environmental Commission.
Town of Vail Page 17
VIII. STAFF RECOMMENDATION
The Community Development Department recommends that the Town of Vail Planning
and Environmental Commission continue this discussion to the September 28, 2015,
public hearing.
Town of Vail Page 18
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TO6'UPJ OF VAdL.
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: September 14, 2015
ITEM/TOPIC: A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail
Town Code, to allow for the future development of Employee Housing Units on the Chamonix
parcel located at 2310 Chamonix Road, Parcel B, Resubdivision of Tract D, Vail Das Schone Filing
1, and setting forth details in regard thereto. (PEC150019)
ATTACHMENTS:
Name:
d PEC150019 Chamonix Development Plan Request to Table.pdf
Description:
Staff Memorandum
0) ruwN oFvaiL
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: September 14, 2015
SUBJECT: A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail
Town Code, to allow for the future development of Employee Housing Units on the
Chamonix Parcel located at 2310 Chamonix Road, Parcel B, Resubdivision of Tract D,
Vail Das Schone Filing 1, and setting forth details in regard thereto (PEC150019)
Applicant: Town of Vail, represented by Will Hentschel, 359 Design
Planner: George Ruther
Request to table to September 28, 2015
TO6'UPJ OF VAdL.
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: September 14, 2015
ITEM/TOPIC: A request for a recommendation to the Vail Town Council for prescribed regulation
amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 14,
Development Standards, pertaining to the standards for Outdoor Lighting, and setting forth details
in regard thereto. (PEC150028)
ATTACHMENTS:
Name: Description:
d PEC150028 Memorandum.docx Staff Memorandum
D Ordinance No. 12, Series of 2015, Creation of Outdoor Decorative Light Regulations 0915.pdf Ordinance No. 12, Series of 2015
K) rowN of vain
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: September 14, 2015
SUBJECT: A request for a recommendation to the Vail Town Council for prescribed
regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town
Code, amending Section 14-10-7, Vail Town Code, regarding outdoor lights, and
setting forth details in regard thereto. (PEC150028)
Applicant: Town of Vail
Planner: George Ruther
I. DESCRIPTION OF THE REQUEST
The applicant, Town of Vail, is requesting the Town of Vail Planning & Environmental
Commission (PEC) forwards a recommendation to the Vail Town Council on the
prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town
Code, amending Section 14-10-7, Vail Town Code, regarding outdoor lights. The
purpose of the prescribed amendments is to address several shortcomings identified in
the Town's current policy and regulations regarding decorative outdoor lights (a.k.a.
"holiday lights").
The shortcomings identified include the following:
• The current policy is all decorative holiday lights are exempt from regulation.
Such a policy makes them susceptible to unintended consequences of an
unregulated approach.
• "Decorative holiday lights" is an undefined term in the current regulations.
• It is currently unclear as to which holiday or holidays the display of decorative
holiday lights is intended to be celebrated.
• There is no distinction between mitigating the possible negative impacts resulting
from the display of decorative holiday lights in residential areas versus
commercial areas.
• It is unclear whether "holidays" can be celebrated 24/7/365.
With these shortcomings in mind, the Town staff has prepared a draft ordinance for the
PEC to consider. The amendments proposed in the draft ordinance attempt to address
each of the identified shortcomings and respond to the unintended consequences of an
unregulated approach. For example, the draft ordinance, if adopted, defines what a
"decorative outdoor light" is and places a limitation on when "decorative outdoor lights"
can be illuminated. All additional or new regulations are intended to be the minimum
amount of regulation and oversight needed to achieve the desired outcome. In the end,
the Town of Vail Planning & Environmental Commission is being asked to forward a
recommendation of approval, approval with modifications, or denial of the draft
ordinance to the Vail Town Council.
A copy of draft Ordinance No. 12, Series of 2015, an ordinance amending
section 14-10-7 of the Vail Town Code, regarding outdoor lights, has been
attached for reference (Attachment A).
II. BACKGROUND
On July 21, 2015, the Vail Town Council held a worksession to discuss the Town's
adopted policies and regulations with regard to decorative holiday lights. More,
specifically, the Town Council has received complaints that the current policies and
regulations, as adopted, may not be adequate to ensure that the goals and objectives of
the Town with regard to decorative holiday lights are being achieved.
The Vail Town Council has adopted Outdoor Lighting Regulations to address both the
intended and unintended consequences of outdoor lighting in Vail. Adopted in 1980,
and more recently updated and amended in 2007, the Regulations were adopted for the
following purpose:
"This section establishes standards and guidelines for minimizing the
unintended and undesirable side effects of outdoor lighting while
encouraging the intended and desirable safety and aesthetic purposes of
outdoor lighting. It is the purpose of these standards and guidelines to
allow the minimum amount of lighting needed for the property on which
the light sources are located, while protecting the legitimate privacy of
neighboring properties. The standards and guidelines established in this
section are also intended to promote the use of environmentally sensitive
and energy efficient lighting technologies, and to promote "dark sky"
lighting fixtures and installation techniques to reduce light pollution."
The Vail Town Council has adopted a policy for decorative holiday lights. The Town's
adopted policy, as further demonstrated by the regulations as adopted, has been to
leave decorative holiday lights unregulated as they have been specifically exempted
from the application of the Outdoor Lighting Regulations prescribed in Title 14, Chapter
10 of the Zoning Regulations of the Town of Vail. They are exempted from the
regulations in both residential and commercial areas. According to the Zoning
Regulations, in part,
"G. Exemptions. The standards of this section (14-10-7 Outdoor Lights)
shall not apply to.-
Town
o.
Town of Vail Page 2
1. Decorative holiday lights."
This policy is further supported by the Town Council's adopted policy regarding "holiday
decorations" as they too are exempt from the Town's adopted Design Review
Standards and Sign Regulations.
It is clear, that based upon the Town Council's decision to exempt decorative holiday
lights and holiday decorations, the Town's policy on such matters is to take a hands
off/unregulated approach. When compared to similar resort communities, Vail's
decision to essentially not regulate holiday lights is not unique. Most communities
exempt, or minimally regulate, holiday lighting as a policy and practice. For those that
do, the regulations focus primarily on the time of year when holiday lighting can be
displayed (i.e., November 15th — April 15th, annually).
III. CRITERIA FOR REVIEW
1. The extent to which the text amendment furthers the general and specific
purposes of the prescribed regulations; and
Staff finds the proposed amendments further the general and specific purposes of
the zoning regulations by promoting the harmonious development of the Town's
villages and neighborhoods while maintaining established community qualities and
economic values. Specifically, the proposed amendments will help conserve and
maintain established community qualities and economic values as well as safeguard
and enhance the appearance of the Town for our guests, visitors and residents.
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
Staff believes that the Town's current policy and regulations regarding decorative
outdoor lights could be improved. The Town's current policy is to not regulate
decorative outdoor lights in the Town of Vail. As adopted and implemented, the
current policy could potentially result in unintended consequences counter to the
Town's development objectives. As proposed, staff finds the amendments will better
implement and better achieve the Town's development goals and objectives as they
will be clearer and less vague. In doing so, a minimal approach to the regulations is
being taken.
3. 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
Town of Vail Page 3
Staff believes that conditions have substantially changed since the original adoption
of the current decorative outdoor light policy resulting in a decision to not regulate
those types of lights. For example, holiday lights used to come in one of two forms;
white or multi -colored. Today, decorative outdoors lights come in a wide range of
forms. Lights can be white, multi -colored, LED, programmable, change color and
intensity, flashing and blink to the beat of music, etc. Since lights can vary so
widely, an unregulated approach is no longer successful. A minimal amount of
regulation that is clear, concise and easily enforced is necessary to achieve the
Town's desired outcomes and development objectives. Staff believes that the
proposed amendments are appropriate and applicable without being overreaching.
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
Staff believes this text amendment will ensure a harmonious, convenient, workable
relationship among land use regulations consistent with the Town's development
objectives.
5. Such other factors and criteria the planning and environmental commission
and/or council deem applicable to the proposed text amendment.
IV. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission forwards a recommendation of approval of the proposed
amendments to Section 14-10-7, Vail Town Code, regarding outdoor lights to the Vail
Town Council. This recommendation is based upon the review of the criteria outlined in
Section III of this memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed amendments,
the Community Development Department recommends the Commission pass the
following motion:
"The Planning and Environmental Commission forwards a recommendation of
approval for prescribed regulation amendments, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to amend Title 14, Development Standards,
pertaining to the standards for Outdoor Lighting, and setting forth details in
regard thereto to the Vail Town Council."
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed amendments,
the Community Development Department recommends the Commission makes the
following findings:
Town of Vail Page 4
"Based upon the review of the criteria outlined in Section 111 of this
memorandum, and the evidence and testimony presented, the Planning and
Environmental Commission finds.-
That
inds.
That the amendment is consistent with 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
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. "
V. ATTACHMENT
A. A copy of draft Ordinance No. 12, Series of 2015, an ordinance amending
section 14-10-7 of the Vail Town Code, regarding outdoor lights.
Town of Vail Page 5
ORDINANCE NO. 12
SERIES OF 2015
AN ORDINANCE AMENDING SECTION 14-10-7 OF THE VAIL TOWN
CODE, REGARDING OUTDOOR LIGHTS
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under laws of
the State of Colorado and the Vail Town Charter;
WHEREAS, the Vail Town Council instructed the Town staff to prepare a report
summarizing the Town's adopted policy and regulations pertaining to decorative outdoor
lights;
WHEREAS, on July 21, 2015, the Town staff presented its report and identified a
number of shortcomings of the Town's adopted policy and regulations and shared
potential options for further the adopted policy and regulations;
WHEREAS, the Vail Town Council instructed the Town staff to proceed with
proposed a proposed text amendment regarding decorative outdoor lights;
WHEREAS, the Planning and Environmental Commission of the Town of Vail
has held public hearings on the proposed text amendment and has submitted its
recommendation to the Vail Town Council;
WHEREAS, the Vail Town Council finds that the proposed amendments are
consistent with the applicable elements of the adopted goals, objectives and policies
outlined in the Vail Comprehensive Plan and are compatible with the development
objectives of the Town; and
WHEREAS, the Vail Town Council finds it in the interest of the public health,
safety, and welfare to amend Section 14-10-7 of the Vail Town Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 14-10-7 of the Vail Town Code is hereby amended as
follows:
14-10-7: OUTDOOR LIGHTS LIGHTING:
A. Purpose: This Section establishes standards and guidelines for
minimizing the unintended and undesirable side effects of outdoor lighting
while encouraging the intended and desirable safety and aesthetic
purposes of outdoor lighting. It is the purpose of these standards and
guidelines to allow the minimum amount of lighting needed for the
property on which the light sources are located, while protecting the
legitimate privacy of neighboring properties. The standards and
guidelines established in this Section are also intended to promote the use
of oirnnmontally conciti„o and energy efficient lighting technologies, and
to promote "dark sky” lighting fixtures and installation techniques to reduce
light pollution.
B. Applicability: Except as provided elsewhere in this title, the design,
placement, and use of all outdoor lights lightiRg within the Town limits
shall conform to the standards and guidelines as set forth in this section.
Decorative outdoor lights shall not be subject to design review.
C. Definitions
FULL CUTOFF: Light fixtures that do not emit light above the horizontal
plane of the light source.
DECORATIVE OUTDOOR LIGHT: A type of outdoor light that is
decorative in nature commonly illuminated during the winter season.
An example is Christmas tree lights.
DECORATIVE OUTDOOR LIGHT AREA MAP: A map identifying
residential areas and commercial areas adopted by ordinance of the
Vail Town Council (attached to the ordinance codified herein, and
available for inspection in the office of the town clerk) for the
purpose of administering the decorative outdoor light regulations.
LIGHT SOURCE: A single artificial point source of luminescence that
emits measurable radiant energy in or near the visible spectrum.
LOW DENSITY RESIDENTIAL PROPERTIES: For the purposes of this
section, properties with no more than three (3) dwelling units or employee
housing units.
MULTIPLE -FAMILY AND COMMERCIAL PROPERTIES: For the
purposes of this section, those with four (4) or more dwelling units or
employee housing units, commercial uses, or mixed uses.
OUTDOOR LIGHTWG: Any light source, or collection of light sources,
located outside a building, including, but not limited to, light sources
attached to any part of a structure, located on the surface of the ground, or
located on freestanding poles, eXG161diRg he-liday 4g4#s.
D. lig Regulations:
1. Quantity of Light FixtuFes: The maximum number of outdoor lights
sues for all properties is subject to the requirements of the adopted
building codes and design review. For low density residential properties,
the maximum number of outdoor lights sues per lot shall be limited to
one outdoor light per one thousand (1,000) square feet of lot area. Lights
sues which are no more than eighteen inches (18") above grade, as
measured from the top of the fixture to the finish grade below, and are full
cutoff fixtures, may be allowed in addition to the total number of permitted
outdoor lights sues. Decorative outdoor lights shall be exempt
from this subsection.
2. Height Limits f^rLight Fixtures: Outdoor lights affixed to a structure
shall not exceed the height of the roof eaves, other than decorative
outdoor lights. The maximum mounting height for light sources on a
pole, other than decorative outdoor lights, shall not exceed twenty feet
(20'). Decorative outdoor lights shall not exceed forty-three feet (43')
in height, measured from existing grade.
3. Full Cutoff: All outdoor lights shall be fully cut off to not emit light
above the horizontal plane of the light source. Outdoor lights must be
Illuminating Engineering Society (IES) "full cutoff" class, International
Dark -Sky Association (IDA) approved, or have similarly recognized
verification of being full cutoff. Lights must be installed and maintained in
such a manner that the full cutoff is effective.
Exceptions: The following outdoor lights may be non -full cutoff:
a. Uplighting fully contained by an overhanging building element that
prevents the light from emitting upward to the sky, when the light source is
shielded from the sides.
b. Uplighting for flags when the light source is shielded from the sides
C. Lights with a gas flame as the sole light source.
d. Lights specifically recommended by the Vail comprehensive plan.
e. Decorative outdoor lights.
4. ,fig Direction: All outdoor lights lightiRg shall be directed at
the object intended to be illuminated and away from adjacent properties
and public ways. Outdoor lights shall be directed downward, unless
contained by overhanging building or landscape elements with the light
source shielded from the sides. Uplighting is allowed for flags when the
light source is shielded from the sides. Decorative outdoor lights shall
be exempt from this subsection.
5. Energy Efficiency: All outdoor lights lightiRg shall comply with the
Town's adopted energy conservation code.
6. Time: Decorative outdoor lights may only be illuminated in the
Residential Areas described on the Decorative Outdoor Light Areas
Map between November 15 and May 15 and between the hours of
4:00 p.m. and 11:00 p.m. (local time).
E. LightiRg Guidelines:
1. Compatibility: All outdoor lights lighting fivtiiroc fixture locations,
and the color and intensity on the lighting should be aesthetically
compatible with the site and structures on which they are located, the
character of the surroundings, and with Vail's environment. Outdoor
lights lightiRg must also be consistent with any applicable design
guidelines outlined in the Vail comprehensive plan. Decorative outdoor
lights shall be exempt from this subsection and shall not be subject
to design review.
2. Light Pollution: All outdoor lights should be designed, installed, and
maintained to minimize the contribution of outdoor lighting to nighttime
light pollution. Examples of low light pollution fixtures are available from
lighting manufacturers and organizations such as the International Dark -
Sky Association (IDA). Decorative outdoor lights shall be exempt from
this subsection.
3. Energy Efficiency: Outdoor lights lightiRg should use the least
number of light sources necessary to achieve the safety and aesthetic
purposes for the lighting. Outdoor lights lightiRg should utilize energy
efficient light sources of the lowest wattage feasible, and utilize energy
efficient technologies. Outdoor lights lightiRg should also be operated
and maintained to eliminate any unnecessary daytime use and to reduce
nighttime use during nonbusiness hours and periods of limited residential
activity. Decorative outdoor lights shall be exempt from this
subsection.
F Dreh�ica-Outdoor Lights Prohibited:
1. Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary
in intensity or color, or use intermittent electrical pulsation. Decorative
outdoor lights shall be exempt from this provision.
2. Lights affixed to the top of the roof of a structure. Decorative
outdoor lights shall be exempt from this provision.
3. Neon, or similar gas filled, lights.
4. Laser source lights.
5. Searchlights.
6. Lights attached to vegetation, except decorative heliday outdoor
lights in compliance this Chapter.
7. Any lights lightiRg that could interfere with the public health, safety,
or welfare.
G. Exemptions: The standards of this Section shall not apply to:
1 . —Der--eratove helmday lighter Decorative outdoor lights installed by
the Town on public property.
2. Sign illumination, as set forth in Title 11 of this code.
3. Official government lighting, other than those owned and
maintained by the Town e#Vail, installed for the benefit of public health,
safety, and welfare.
4. Outdoor lights associated with an approved special events permit.
5. Outdoor lights associated with an art in public places board (AIPP)
approved public art display.
6. Temporary construction zone work lighting associated with an
approved building permit or design review approval (construction zone
security and egress lights are not exempt from the provisions of this
section).
7. Lighting identifying hazards or road construction.
8. Decorative outdoor lights in the Commercial Areas described
on the Decorative Outdoor Light Areas Map.
H. Violations: Violations of this Section shall be punished by a
fine not to exceed $100 per day.
I. Non -conforming? Grandfather Provision?
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
Section 4. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of September, 2015
and a public hearing for second reading of this Ordinance set for the 6th day of October,
2015, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Andy P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 6th day of October, 2015.
Andy P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
TO6'UPJ OF VAdL.
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: September 14, 2015
ITEM/TOPIC:
August 24, 2015 PEC Meeting Results
ATTACHMENTS:
Name
Description:
D pec results 082415.pdf August 24, 2015 PEC Meeting Results
Ad Name: 11525513A
Customer: TOWN OF VAIL/PLAN DEPT/COMM
Your account number is- 1 OP2P 33
Vail Daily
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 9/11/2015 and
that the last publication of said notice was dated 9/11/2015 in
the issue of said newspaper.
In witness whereof, I have here unto set my hand this day,
09/15/2015.
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 09/15/2015.
� 2M 4,& 9. -'—
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
September 14, 2015, 1:00 PM
Vail Town Council Chambers
75 S Frontage Road W - Vail, Colorado
iwon 11516 f,
2. A request for a recommendation to the Vail
Town Council for the adoption of the Strategic Plan
for Water Quality Improvements on Gore Creek.
(PEC150027)
Applicant: Town of Vail
Planner: Kristen Bertuglia
3. A request for a recommendation to the Vail
Town Council for an amendment to the Lionshead
Redevelopment Master Plan, pursuant to Section
2.8, Adoption and Amendment of the Master Plan,
Lionshead Redevelopment Master Plan, to amend
the Detailed Plan Recommendations for the Ever-
green Lodge at Vail, located at 250 South Front-
age Road West/Lot 2W, Block 1, Vail Lionshead
Filing 2, and setting forth details in regard thereto.
(PEC140044)
Applicant: Evergreen Lodge at Vail, represented by
Mauriello Planning Group
Planner: George Ruther
4. A request for final review of a Development Plan,
pursuant to Section 12-61-11, Vail Town Code, to
allow for the future development of Employee
Housing Units on the Chamonix parcel located at
2310 Chamonix Road, Parcel B, Resubdivision of
Tract D, Vail Das Schone Filing 1, and setting forth
details in regard thereto. (PEC150019)
Applicant: Town of Vail Community Development
Department
Planner: George Ruther
5. A request for a recommendation to the Vail
Town Council for prescribed regulation amend-
ments, pursuant to Section 12-3-7, Amendment,
Vail Town Code, to amend Title 14, Development
Standards, pertaining to the standards for Outdoor
Lighting, and setting forth details in regard thereto.
(PEC150028)
Applicant: Town of Vail
Planner: George Ruther
6. A request for a final recommendation to the Vail
Town Council of a major amendment to Special
Development District No. 4, Cascade Village, pur-
suant to Section 12-9A-10, Amendment Proce-
dures, Vail Town Code, to allow for the redevelop-
ment of the former Cascade Village Theater and
Colorado Mountain College property to include 14
dwelling units, one (1) onsite Employee Housing
Unit and the preservation 4,087 square feet of ex-
isting commercial, retail and office space, located
at 1310 Westhaven Drive/Cascade Village, and
setting forth details in regard thereto. This project
was previously approved most recently in 2007 and
expired on June 1, 2015. (PEC150014)
Table to October 12, 2015
Applicant: Ultimate Cascade LLC, represented by
Mauriello Planning Group
Planner: Jonathan Spence
7. A request for a recommendation to the Vail
Town Council on a major amendment to Special
Development District No. 4, Cascade Village, pur-
suant to Section 12-9A-10, Amendment Proce-
dures, VailTown Code, to allow a revision to the
approved development plan for the Cornerstone
site to facilitate the construction of a tensioned
membrane structure, located at 1300 Westhaven
Drive/Unplatted, (Liftside/Cornerstone) and setting
forth details in regard thereto. (PEC140019)
Table to September 28, 2015
Applicant: Charter Sports, represented by Braun &
Associates
Planner: Jonathan Spence
8. Approval of Minutes
August 24, 2015 PEC Meeting Results
9. Informational Update
10. Adjournment
The applications and information about the propos-
als are available for public inspection during regu-
laroffice hours at the Town of Vail Community De-
velopment 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. Times and order of items are
approximate, subject to change, and cannot be re-
lied upon to determine at what time the Planning
and Environmental Commission will consider an
item. Please call (970) 479-2138 for additional in-
formation. Sign language interpretation is available
upon request with 48-hour
notification. Please call (970) 479-2356, Telecom-
munication Device for the Deaf (TDD), for informa-
tion.
Community Development Department
Published in the Vail Daily September 11, 2015
Ad Name: 11487416A
Customer: TOWN OF VAIL/PLAN DEPT/COMM
Your account number is- 1 OP2P 33
vail Daily
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 I
consecutive insertions; and that the first publication of said
notice was in the issue of said newspaper dated 8/28/2015 and
that the last publication of said notice was dated 8/28/2015 in
the issue of said newspaper.
In witness whereof, I have here unto set my hand this day,
09/25/2015.
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 09/25/2015.
� 2M 4,& 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 September 14, 2015
at 1:00 pm in the Town of Vail Municipal Building.
A request for a recommendation to the Vail Town
Council for the adoption of the Strategic Plan for
Water Quality Improvements on Gore Creek
(PEC150027)
Applicant: Town of Vail, represented by Kristen
Bertuglia
A request for a recommendation to the Vail Town
Council for prescribed regulation amendments,
pursuant to Section 12-3-7, Amendment, Vail Town
Code, to amend Title 14, Development Standards,
pertaining to the standards for Outdoor Lighting,
and setting forth details in regard thereto.
(PEC150028)
Applicant: Town of Vail
Planner: George Ruther
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 28, 2015 in the Vail Daily.
(11487416)