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HomeMy WebLinkAbout2015-1123 PECPLANNING AND ENVIRONMENTAL COMMISSION FAWN OF VAI I L November 23, 2015, 1:00 PM Vail Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 Call to Order Members Present: Brian Gillette, Webb Martin, John Ryan Lockman, John Rediker Members Absent: Henry Pratt, Kirk Hansen Vice Chair Rediker suggested that item #2 and #3 be changed in order on the agenda. There was no opposition to the change in agenda order. 2. A report to the Planning and Environmental Commission on the administrator's approval of a request for an amendment to a Conditional Use Permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for a 3 year extension to the existing Conditional Use Permit to allow for a private parking lot, located at 934 South Frontage Road (West Day Lot)/Unplatted, and setting forth details in regards thereto. (PEC150031) Applicant: Vail Corp, represented by Mauriello Planning Group Planner: Chris Neubecker Chris Neubecker summarized the request to renew the permit for three (3) years, with no changes. Vice Chair Rediker asked if staff is allowed to approve the continuation of a Conditional Use Permit. Staff confirmed that they can approve these applications per the Vail Town Code. Dominic Mauriello, agent for the Applicant, spoke to the fact that the Town Code was amended a few years ago to clarify this issue. There was no public comment. 3. 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 December 14, 2015 Motion: Martin Second: Lockman Vote: 4-0-0 Kristen Bertuglia, Environmental Sustainability Manager, indicated that the CDOT staff is not able to attend the meeting today but will attend a future meeting in December to discuss road maintenance and best management practices. Gregg Barrie, Landscape Architect, Department of Public Works — We talked with Matt Lopez at State of Colorado, as well as section chief on Pesticide Use. As a municipality, we have no ability to regulate pesticides or limit their use. The Pesticide Applicators Act was strengthened over this past summer, and specifically mentions limits on local government. Since the "label is the law", we need to focus back on education to property owners and landscaping contractors on how to properly use pesticides, and what we can do to reduce the use of pesticides. Betty Ford Alpine Gardens is very open to the idea of homeowner education on lawns, landscaping and pesticides. Idea for a "Green Star" landscape contractor system could be developed by the Town, in conjunction with the Town's Actively Green program, to encourage educating and certifying local contractors in Best Management Practices. We could include integrated pest management, turf maintenance, noxious weed control, and the importance of vegetated stream buffers. This program could become a marketing advantage for certified landscaped contractors. Gillette — Many people will not go to Betty Ford Gardens to take a class. Make it easy on those that will not go, through education, news articles, letters, website, etc. Lockman — I like the idea of the applicators given incentives to participate. Are there any incentives for the homeowner to participate? Barrie indicated that we have not yet looked into the benefits for the homeowners. Most people want to do the right thing, but they do not realize that their practices are bad. Gillette — As part of the Town's tree giveaway, we could create incentives to participate. Martin — It sounds like we can't prohibit or control the use or purchase of pesticides. (Barrie — That's right) Gillette — Do we know what we are teaching with respect to which pesticides to use? Barrie — Yes, but we need to develop the education program curriculum. There are options available without pesticides. Gillette — Was the reduction in pesticides one of the Top 25? Bertuglia — Yes, looking into the legal ability of the town to regulate was identified as a priority. Gillette — We need to develop a low growth riparian garden plan for those next to the creeks. We need a riparian plant list, and a plan showing the proper locations for various species. Barrie — We have developed a list of recommended plants. Rediker — Did you discuss with the state the "5 miles upstream" provision? Barrie — Yes, and they indicated a need to consult with the State Attorney General on this issue. They indicated that with the strengthening of the law, we cannot regulate pesticide use application or sales. Rediker — We can't regulate the application of pesticides; is it up to the state to enforce their own regulations? Barrie — We can monitor the applicators, or ask them what they are doing and what pesticides they are using. The state indicated that they will respond within 48 hours. They may even take samples on both sides of the creek to see if pesticides we applied improperly (tree spraying, for example). Gillette — Would our Code Enforcement Officers take the photos? Barrie — Yes, and we are also considering hiring an intern to keep an eye on the use of pesticides as well as help with the noxious weed program. Rediker — Do we have a grasp on the number of pesticide applicators in the valley? Barrie — We do not know how may are applying pesticides, but we could probably find a list of the licensed applicators. Rediker — Is there a way to show that there is an economic benefit to alternative methods, other than using pesticides? Barrie — For just a few noxious weeds, management can be handled without spraying. But for a large yard with many noxious weeds, spraying may be the only effective method. In their reports, applicators need to mention the other types of methods they considered other than pesticides. Rediker — Does the Town ever contract out the spraying or do we use Town staff? Barrie — Majority of the work is done by contractors. Rediker — Are these usually the same contractors throughout the summer? Barrie — Yes, we often use the same contractor. Martin — Are we talking about the golf course now or later? Bertuglia — The golf course will provide a presentation in December as well, on their Audubon certification as well as their best management practices. Gillette — We need to give staff time to develop the curriculum. Is 25 the right number of items on the priority list? Each item on the list should be of equal depth. We should try to make the list with even keel with other items on the list. Barrie — The law does not prohibit requiring an Occupational/Business License, but we cannot just focus on applicators only. It would need to include other occupations in the Town. We should approach this cautiously and not only focus on pesticide applicators. Bertuglia — This approach would be similar to the contractor registration we currently have in place for snow plow drivers, waste haulers and contractors. We do not verify their credentials but it is an opportunity to provide education and keep tabs on who is applying pesticides in our community. Rediker — The law is focused on the agricultural industry, allowing farmers the freedom to take steps to create healthy crops, but we get left out and are affected in another way. Gillette — Make something that is no fee, and just vary that applicators have read the material that we provide them. Rediker — There must be some way that we can outreach to commercial applicators vs. homeowners. Barrie — That is the advantage of encouraging participation in the Actively Green Program Gillette — The curriculum should explain why we are concerned, and the importance of Gore Creek. Bertuglia — Matt Mire is looking into regulations on mowing or not mowing near the creek Mire will provide more information on this topic. Tom Kassmel, Town Engineer — General practice, other than construction Best Management Practices, is that we do require installation of permanent water quality features. We now require separation of general storm water features from parking lots for water quality. Rediker — How does water quality vault work? Kassmel — Water goes into a vault creating centrifugal force to separate particles; it collects larger particulates and oils. We do not have or require vaults with filters. These are potentially more time consuming for maintenance. Gillette — Are these vaults working? Kassmel — Yes, they are collecting sediment. Gillette — Are we checking any of these when we do sampling? Bertuglia — It puts a spotlight on these vaults that need more maintenance. But we don't have actual filters in any of our vaults at this time, that would remove more than oil, solids and sediment, (e.g. metals, other chemicals). Rediker — What are the filters expected to filter out? Kassmel — Very small particulates. Real cost is in the maintenance which could be every month or few months. There is no specification on the types of vaults needed. In parking garages, they need to pump out the sediments. There are capacity issues with vaults. We can ask that the ground water be in a separate outfall to the creek. Gillette — Do roof drains go into the water quality vault? Kassmel — Sometimes they do, and sometimes they go directly to the surface. Gillette — Our top 25 items list did not mention any current Town code that is contrary to these goals. For example, we do not allow gravel driveways. One of our top items should be a review of our codes to identify conflicts that do not advance this goal. Rediker — What happens to a water quality vault if it is not maintained? Kassmel — Town did not see any backup on vaults that were not maintained, but they do not work as well if they are not maintained, as in, the water bypasses the vault and picks up dirty water on its way by and that enters the Creek. Rediker — Can we require developers or owners to inspect or maintain vaults annually? Kassmel — Yes it could be worthwhile to require annual inspection reports. We have a pretty good idea on where these are located. Town currently has 22 vaults. There could be another 25 of these in the town. Rediker — Are these vaults only required if the water will go to Gore Creek? Kassmel — They are not required if going to the sanitary sewer system, but Eagle River Water and Sanitation does not like having the storm water flowing into their plants. . Gillette — Should we inventory the large parking lots and where the water is going? Or if a water quality vault is needed? Kassmel — That is something that could be discussed. Bertuglia — We can identify the outfalls that are suspicious or allowing dirty water to outflow. Gillette — If it is a private development, it may benefit the Town to help private property owners to install separators. Martin — What is the responsibility of contractors to inspect BMPs on construction sites during rain event? Kassmel — We require BMPs for small sites. For over half acre, needs a Town permit. Over one acre, State of Colorado requires a permit to require BMP inspections, erosion control plans, and an erosion control supervisor. Town requires those within half acre to one acre to have a similar plan. Dewatering is separate and requires a state permit. We have not seen any major impacts from construction. About half the contractors do not install BMPs properly. We may need additional help if we are going to actively enforce that issue. Bertuglia read some of the details of the plan recommendations. Town Master Plan addresses storm water in many locations. Where we may fall short is installation of storm water and water quality vaults. Lockman - Can we require inspection and maintenance of the vaults? Bertuglia — That is a recommendation in the plan. Greg Hall, Public Works Director, clarified that "site" over an acre means "site disturbance" not the total area of a property. Bertuglia — Discussed many of the recommendations in the plan, and highlighted a few. There is a lot we can do on education to property owners. This may include matching grants or cost sharing for areas along the creek. Gregg Barrie will be developing a chart to show alternatives to using pesticides. Development of a "Green Star" landscapers list of those well-educated on pesticide issues and use. Discussed ideas on a new marketing campaign, "A little wild goes a long way". There is still a lot to be developed in the education and outreach side. Lockman — Are you piggybacking onto the Love Vail recycle campaign? Bertuglia — Yes, the Love Vail concept is an overarching sustainability message. Martin — I like this marketing idea as well as Restore the Gore. What is the timeline? Bertuglia - CDOT is planned to be here December and Council in January. Comments: Lockman — Whole plan overall is very well planned out. Like the direction it is going, but there are so many challenges with our inability to regulate. Town does not have the teeth to regulate the true problems. Challenge is education, but how effective can it be if we have so many second homeowners and applicators from out of town. Martin — I also which we could do more to regulate. I like the Green Star applicators idea. I like Brian's point of looking at the Town code. We need to do inspections on water quality vaults. It needs to happen. We should look at incentives to property owners. Gillette — Whatever we forward to Council needs to be concise. Items #18 — 25 should be one item. If we can reduce the list from 25 to 15 it will help us focus; this needs to be very understandable. It was easy to lose track of the original study from the consultants. Bertuglia — There may still be some issues that come up from CDOT and the Golf Course. Gillette - Maybe developing an inventory of applicators makes more sense than registering them. If we can figure out on our own who they are, that makes more sense. Lockman — I would like to see a better visual representation of the top 25. Show the big picture objectives. Maybe some color coding showing what has been done, and timeline for what is planned. Bertuglia — The top 25 was a way to narrow down the 200 + ideas. Each action item is prioritized, and there are the strategies within. Rediker — I like where the plan is going. One thing that is not in the plan, some type of certification for water quality vaults, maybe annually inspected and certified. High priority actions do not appear to have potential Town code amendments to achieve our goals. Look at our codes to see where we can amend the code to strengthen the water quality in the Gore. Lockman — Was #7 checked off the list "Consider legal ramifications of pesticide regulations? Bertuglia — We have likely found the answer we're looking for on pesticide use, but it was still identified as a top action. Rediker — I think we should leave pesticide regulation on, so it's still a top priority and there may be more we can do. State cannot even tell us if we can regulate within 5 miles of our water intake sites. Ten years down the road, if the bug counts are not coming up, we will have to further investigate this issue. Lockman — Because of the unique circumstance we are in, we may be a unique case. Rediker — Somebody out there can determine if we have a unique circumstance Gillette — Asked to verify the date of the plan and if this is the most recent version. Bertuglia verified the plan dates. 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 December 14, 2015 Motion: Martin Second: Lockman Vote: 4-0-0 5. Approval of Minutes November 9, 2015 PEC Meeting Results Action: Motion to approve Motion: Martin Second: Lockman Vote: 4-0-0 6. Informational Update 7. Adjournment 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 November 20, 2015 01), PLANNING AND ENVIRONMENTAL COMMISSION T%V�J OF Vii November 23, 2015, 1:00 PM Vail Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 1. Call to Order 2. A request for a recommendation to the Vail Town Council for the adoption of the Strategic 60 min. Plan for Water Quality Improvements on Gore Creek. (PEC150027) Applicant: Town of Vail Planner: Kristen Bertuglia 3. A request for an amendment to a Conditional Use Permit, pursuant to Section 12-16-10, 5 min. Amendment Procedures, Vail Town Code, to allow for a 3 year extension to the existing Conditional Use Permit to allow for a private parking lot, located at 934 South Frontage Road (West Day Lot)/Unplatted, and setting forth details in regards thereto. (PEC150031) Applicant: Vail Corp, represetned by Mauriello Planning Group Planner: Chris Neubecker 4. A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail Town 5 min. 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) Table to December 14, 2015 Applicant: Town of Vail Community Development Department Planner: George Ruther 5. Approval of Minutes November 9, 2015 PEC Meeting Results 6. Informational Update 7. Adjournment 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 November 20, 2015 TO6' d OF V It ` VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: October 12, 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: Name Description: C] PEC 150027 Gore Creek WQIP Strategic Action Plan - Update PEC 112315.pdf Staff Memorandum C] PEC 150027 Attachment A Exec Summary.pdf Attachment A Executive Summary TOWN OF VAIL t Memorandum To: Planning and Environmental Commission From: Department of Community Development Date: November 23, 2015 Subject: A request for a work session to review the final draft of the Restore the Gore - Gore Creek Strategic Action Plan — Update PURPOSE The purpose of this memorandum is to provide responses to questions posed by Planning and Environmental Commission members related to the final draft of the Gore Creek Strategic Action Plan for restoring the water quality and improving macroinvetebrate levels in Gore Creek. Staff will provide an update on development standards related to stormwater infrastructure, education and outreach planning efforts, and a brief recap of pesticide regulation. An updated "Top 25" Priority Actions is also provided (Attachment A) for review. 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 at a future session. II. BACKGROUND At the September 14th, 2015 PEC meeting, staff reviewed the causes of the decline of Gore Creek water quality, as well as measures identified in the Strategic Plan to address the issues. 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 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 Over 200 strategic actions have been identified by Town staff and a consultant team led by Lotic Hydrological, listed in the tables within the Strategic Plan, downloadable here: http://www.vailgov.com/protects/restore-the-pore. At the September 14th meeting of the Planning and Environmental Commission, Commissioners posed the following questions and discussed pesticide regulation at the October 12th meeting. The November 23�d work session will be devoted to a recap of questions 1-3 (pesticide regulation), and a discussion of questions 6 and 8 (development standards and education and outreach, respectively). 1. Can the Town of Vail regulate or license pesticide applicators? 2. Can the Town of Vail ban, or otherwise regulate the chemicals that are used to control weeds, pests, insects, etc. in order to improve water quality? Since the October 12'h meeting of the Planning and Environmental Commission, Staff spoke with an official from the Colorado Department of Agriculture Pesticide division and discussed the parameters under which the Town of Vail must operate with respect to the policing, managing, and regulation of pesticide applicators. After further discussion, enforcement duties are clearly the purview of the enforcement division of the Department of Agriculture and the town's opportunity for change are most likely under the umbrella of education. Staff will be on hand to review the key points of this discussion. 3. How does the Town of Vail manage pests and what are the practices related to weeds, diseased trees, insects, etc. ? 4. How is the Town working with CDOT to reduce the use of magnesium chloride and road sand? (to be discussed at an upcoming PEC meeting) 5. Can the Town of Vail establish "no mow zones" on private property, or would this constitute a "taking'? (legal counsel is conducting research and will discuss at an upcoming PEC meeting) 6. What is the responsibility of the developer to install, manage and maintain best management practices? Developer responsibility with respect to stormwater management is an area in which Lotic Hydrological has identified in the Gore Creek Strategic Plan as an opportunity for improvement. Recommendations for improving regulations, including those that apply to developers focus on: a) maintaining site hydrology, b) protecting high value areas, c) reducing pollutant loading, and d) enhancing streamside vegetation. Current water quality regulations exist in Titles 5, 8, 9, 10, 12, 13, and 14 (see Chapter 4, Section 4 of the Gore Creek Strategic Plan Draft narrative for specific recommendations to improve Vail Town Code http://www.vailgov.com/projects/restore-the-gore). A few key current regulations follow for background purposes only: 12-12-1: PURPOSE: Town of Vail Page 2 E. Protect Water Quality: To ensure that the quality of surface water and ground water within the town will be protected from adverse impacts and/or degradation due to construction activities. (Ord. 29(2005) § 31: Ord. 37(1980) § 10: Ord. 19(1976) § 14: Ord. 8(1973) § 16.100) 14-6-5: EROSION CONTROL: All sites with disturbances will need to provide erosion control measures using best management practices. Sites greater than one acre or sites with total disturbance greater than one-half (/2) acre shall provide an erosion control plan prepared by a registered Colorado professional engineer. (Ord., 9-21-1999) 14-6-8: STORM WATER QUALITY PERMITS: A. Purpose, Intent And Liability. 1. Purpose: The preservation of wetland and water areas serves to prevent water quality degradation of Gore Creek and its tributaries the natural and several manmade ponds in the town of Vail. Protection of ecosystems, aquatic habitats, and wildlife habitats, especially habitats for state or federally designated threatened or endangered species, to preserve ground water recharge functions, and preserve natural floodplain control. 2. Intent: The intent of this chapter is to enhance the quality of water in the town's drainageways and subsequent receiving waters by establishing requirements for storm water quality permits for construction and development, to prevent soil erosion and sedimentation from leaving construction activities within the town in order to protect the vital, beneficial functions and values of wetlands, streams, riparian zones or areas and water bodies within the town. 3. Liability. Any person who undertakes or causes to be undertaken any activity which involves disturbance of the land's surface shall ensure that soil erosion, sedimentation, increased pollutant loads and changed water flow characteristics resulting from the activity are controlled so as to minimize pollution of receiving waters. The requirements of this section are minimum standards and a person's compliance with the same shall not relieve such person from the duty of enacting all measures necessary to minimize pollution of receiving waters. B. Permit Required: 1. It shall be unlawful for any person to conduct any activity resulting in the disturbance of any land areas within the riparian zone, or resulting in a total disturbed area of at least one-half (/z) acre, without first obtaining a storm water quality permit from the town. Total disturbed area includes any land within a project that meets the definition of "disturbed area". whether or not such parcels are contiguous. 2. Regardless of total disturbed area, the town may also require a storm water quality permit in conjunction with the approval of a final subdivision plat, conditional use permit, or development plan. 3. The town may also require a storm water quality permit for a disturbed area of less than one-half (/z) acre that is part of a larger common plan of development. Town of Vail Page 3 4. It shall be unlawful for any such person to fail to obtain a storm water quality permit. Issuance of a permit by the town of Vail does not exempt the parties from obtaining any permits required by the state of Colorado or the federal government. F. Storm Water Management Plan: A storm water management plan (SWMP) is required to be submitted with the application and shall be prepared in accordance with all of the requirements of the most recent SWMP guidance document prepared by the CDPHE and good engineering, hydrologic and pollution control practices. Prior to commencement of construction activities, the SWMP shall be implemented for the construction site covered by the permit. G. Responsibility Of Permittee: During construction activities the permittee shall be responsible for. 1. The prevention of damage to any public utilities or service within the limits or grading and along any routes of travel of the equipment, 2. The prevention of damage to adjacent property (no person shall grade on land so close to the property line as to endanger any adjoining public street, sidewalk, alley, or any public or private property without supporting and protecting such property from settling, cracking, or other damage which might result); 3. Carrying out the proposed work in accordance with the approved SWMP and in compliance with all the requirements of the permit and this section; 4. The prompt removal of all soil, miscellaneous debris, materials applied, dumped, or otherwise deposited on public streets, highways, sidewalks, or other public thoroughfares or any other nonauthorized off site location, during transit to and from the construction site, or otherwise, where such spillage constitutes a public nuisance, trespass or hazard in the determination of the town engineer or a court of competent jurisdiction; and 5. In addition to the actual construction activities, the following types of activities must be evaluated for the reasonable potential for contributing pollutants to runoff. loading and unloading operations, outdoor storage activities; vehicle and equipment maintenance and fueling; significant dust or particulate generating processes; and on site waste disposal practices. H. General Requirements: 1. Storm water discharges from construction activities shall not cause or threaten to cause pollution, contamination or degradation of water of the state; 2. Based on an assessment of the potential of various sources at the site to contribute pollutants to storm water, the SWMP shall include a description of reasonable and appropriate control measures that will be implemented at the site.- 3. ite; 3. All temporary erosion control facilities intended to control erosion and sediment of any earth disturbance operation shall be installed before any construction activities take place; 4. The selection, design and installation of appropriate structural and nonstructural BMPs must be done in accordance with the latest version of the Town of Vail Page 4 urban drainage and flood control district's "Urban Storm Drainage Criteria Manuals" (vol. 3); 5. Any earth disturbance shall be conducted in such a manner so as to effectively reduce accelerated soil erosion and resulting sedimentation. 6. All earth disturbances shall be designed, constructed and completed in such a manner so that the exposed area of any disturbed land shall be limited to the shortest possible period of time; 7. Sediment caused by accelerated soil erosion shall be minimized from runoff water before it leaves the site of the disturbed area; 8. Any temporary or permanent facility designed and constructed for the conveyance of water around, through, or from the earth disturbance area shall be designed to limit the water flow to a nonerosive velocity, 9. Construction site operators shall control waste such as, but not limited to, discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality, 10. All discharges authorized by the town shall be composed entirely of storm water and discharges of material other than storm water must be addressed in a separate permit issued by the state of Colorado for that discharge; 11. Discharges exempt from discharge prohibitions (this area refers to an illicit discharge ordinance) that are combined with storm water discharges associated with construction activity are authorized: a. Landscaping irrigation; b. Lawn watering; c. Diverted stream flows; d. Irrigation return flow, e. Rising ground waters; f. Uncontaminated ground water infiltration (as defined in 40 CFR 35.2005(20)); g. Uncontaminated pumped groundwater, h. Natural springs; L Flow from riparian habitats and wetlands; j. Waterline flushing; k. Discharges from potable water sources; 1. Foundation drains; m. Air conditioning condensation; n. Water from crawl space pumps; o. Footing drains; p. Individual residential car washing; q. Dechlorinated swimming pool discharges; r. Street wash water; 12. Concrete wash water shall not be discharged to the MS4 or waters of the state; Town of Vail Page 5 13. Off site, vehicle tracking of sediments shall be minimized. Vehicle tracking on town streets shall not be allowed to enter the MS4 or waters of the state; all streets shall be scrapped and cleaned by the end of each day, 14. The bypass of treatment facilities is generally prohibited, 15. Bulk storage structures for petroleum products and other chemicals shall have protection so as to contain all spills and prevent any spilled material from entering the MS4 or waters of the state; 16. No chemicals are to be added to the discharge unless the state of Colorado grants permissions for the use of a specific chemical and documentation of which is presented to the town; 17. Solids, sludge or other pollutants removed in the course of treatment or control of wastewaters shall be properly disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the state; 18. All wastes composed of building materials must be removed from the site for disposal in licensed disposal facilities. No building material wastes or unused building materials shall be buried, dumped, or discharged at the site; 19. All discharges must comply with the lawful requirements of the town of Vail, and other agencies regarding any discharges of storm water to the MS4 or waters of the state under their jurisdiction, including applicable requirements; 20. Temporary soil erosion control facilities shall be removed upon completion of all construction activities' final stabilization, and earth disturbance areas graded and stabilized with permanent soil erosion control measures pursuant to the standards and specifications prescribed in the latest revision of the storm water management plan guidance document prepared by the CDPHE and in accordance with the permanent erosion control features shown on the SWMP approved by the town. N. Operation And Maintenance Requirements: The owner shall be responsible for the maintenance of all permanent quality measures enacted pursuant to this chapter. All temporary storm water quality control measures shall be removed after work on the site has been completed and the measures are no longer needed. Should any property owner fail to adequately maintain the permanent storm water quality measures or remove the temporary measures, the town may, after notifying the owner of the required maintenance and/or removal and the owner failing to perform such maintenance and/or removal, enter the affected property and perform or cause to be performed the required work and assess the charge for such work against the property owner, in accordance with the procedure set forth in subsections Q1, Q2, Q3 and Q4 of this section, remedies for noncompliance. 14-5-2: OTHER REQUIREMENTS F. Drainage: Proper drainage and storm water management shall be provided in all parking areas. 7. Where are the sampling locations that are sending red flags? They need to be consistent, measurable, the same, etc. (to be discussed at an upcoming PEC meeting) Town of Vail Page 6 8. How will the town elevate private property education and outreach to the next level? The town has contracted with Vermilion, a strategic marketing communications firm from Boulder, CO to assist with educational efforts for the Gore Creek education and outreach campaign. The Gore Creek Strategic Plan calls for a multi -pronged approach to reaching property owners and managers, guests, contractors, landscaping companies, etc. that focus on the following. A description of each may be found in Chapter 4, Section 1 of the Draft Gore Creek Strategic Plan narrative http://www.vailgov.com/projects/restore-the- gore: 1. Water Quality Literacy 2. Municipal Maintenance and Management 3. Management of Creekside Landscapes 4. Commercial Activities 5. Online Information and Resources 9. What studies exist on the affect of magnesium chloride on m acroin vertebrates? What are the impacts of herbicides on wildlife? (to be discussed at an upcoming PEC meeting) 10. What are the Vail Golf course best management practices? (to be discussed at an upcoming PEC meeting) III. STAFF RECOMMENDATION As this is a work session, there is no staff recommendation at this time. IV. ATTACHMENTS A. 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Q c_ m O v E c a c v ` m v m n m N 3 Y m 3 ' o° cmi m @ m m .Ym+ o N m LL° m Q° E v E E c m 3 E u m Y m v 3 v 3 v v no v no v no v no M v C 9 3 m c Y c O u @ '� v L Y v1 = m a C o v E @ N _ O m v Q E 3 u m N ` ` N >>>> N N N > v N E p v O ? m p N v -o m m 6 m O- o N p p m N ` in O U v vOOi Y u in v o p u— m— v+'i _ N N N N v o O_ > O >— v c v O > s Q 3 N v v a+ > -O am+ am+ O O O O c m D e Q D> c U 3 > o > Q -�° D w w Q V' o o d a y D @; C cf of c U ci N m ll'1 l0 n W m o c -I .-I c -I N c -I m c -I c -I iJl c -I l0 N I" N W N m N O N .-I N N N m;t N N ll'1 N TO6' d OF V It ` VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: November 23, 2015 ITEM/TOPIC: A request for an amendment to a Conditional Use Permit, pursuant to Section 12- 16-10, Amendment Procedures, Vail Town Code, to allow for a 3 year extension to the existing Conditional Use Permit to allow for a private parking lot, located at 934 South Frontage Road (West Day Lot)/Unplatted, and setting forth details in regards thereto. (PEC150031) ATTACHMENTS: ivame: n Vail Resorts BP Parking Lot CUP Amendment PEC150031.pdf Description: Staff Memorandum Department of Community Development 75 South Frontage Road Vail, CO 81657 PH: 970-479-2138 www. vailgov. com November 6, 2015 Town of Vail Planning and Environmental Commission and Adjacent Property Owners Re: A report to the Planning and Environmental Commission on the administrator's approval of an amendment to an existing conditional use permit, pursuant to Section 12- 16-10, Amendment Procedures, Vail Town Code, to allow for the continued use of a private parking lot, located at 934 South Frontage Road/Unplatted, and setting forth details in regard thereto. (PEC150031) Applicant: Vail Resorts Development Company, represented by the Mauriello Planning Group Planner: Chris Neubecker Dear Planning and Environmental Commission members and adjacent property owners: The purpose of this letter is to inform you that the Town of Vail Staff has approved an amendment to the conditional use permit for the Vail Resorts private parking lot located on the former BP/Amoco gas station site. The previous conditional use permit was conditionally approved on October 22, 2012, with an expiration of November 23, 2015 unless building permits for Ever Vail project are obtained. As Ever Vail will not be moving forward by this deadline the applicant has requested an extension of the conditional use permit. Staff's approval includes the following conditions: This conditional use permit shall expire on November 23, 2018. Applicant shall at all times abide by the Conditional Use Permits regulations, Title 12, Chapter 16, of the Vail Town Code. Any conditional use which is discontinued for a period of twelve (12) months, regardless of any intent to resume operation, shall not be resumed thereafter; any future use of the site or structures thereon shall conform to the provisions of this title. The Town of Vail staff has determined that this amendment to the approved private parking lot conditional use permit meets the review criteria prescribed by Section 12-16-10, Amendment Procedures, Vail Town Code. This approval o f a conditional use permit amendment will be reported to the Town of Vail Planning and Environmental Commission at its Monday, November 23, 2015 public hearing at 1:00 p.m. in the Vail Town Council Chambers, located at 75 South Frontage Road West. The Planning and Environmental Commission reserves the right to "call up" this administrative action for additional review at this hearing. This administrative action may also be appealed by an adjacent property owner, any aggrieved or adversely affected person, or the Vail Town Council as outlined in Section 12-3-3, Appeals, Vail Town Code. Should you have any questions, please feel free to contact me directly at 970-479-2148. Sincerely, Chris Neubecker, AICP Planning Manager Ad Name: 11705316A PLANNING AND ENVIRONMENTAL COMMISSION November 23, 2015, 1:00 PM Customer: TOWN OF VAIL/PLAN DEPT/COMM VailTownRoad- Vail, Colorado, 75 S. Frontage Road -Vail, Colorado, 81657 Your account number is- 1OP2P33 1. Call to Order 2 A request fora recommendation to the Vail L VailDaily Town Council for the adoption of the Strategic Plan for Water Quality Improvements on Gore Creek. (PEC150027) PROOF OF PUBLICATION Town of Vail Plapnlner:tKris en B tuglia 3. A request for an amendment to a Conditional STATE OF COLORADO } Use Permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for a 3 year extension to the existing Conditional }SS. Use Permit to allow for a private parking lot, locat- ed at 934 South Frontage Road (West Day COUNTY OF EAGLE } heret . (IPECd150031�etting forth details in regards Applicant: Vail Corp, represented by Mauriello I, Don Rogers, do solemnly swear that I am a qualified Planning Group Planner: Chris Neubecker representative ofthe Vail Daily. That the same Daily newspaper 4. A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail Town Code, to printed in whole or in part and published in the County allow for the future development of Employee of Ea le State of Colorado and has a eneral circulation g , , g Housing Units on the Chamonix parcel located at 2310 Chamonix Road, Parcel 1 Resubdivision of Tract D, Vail Das Schone Filing 1, and setting forth therein; that said newspaper has been published continuously details in regard thereto. (PEC150019) and uninterruptedly in said County of Eagle for a period of Table to December 14, 2015 Applicant: Town of Vail Community Development more than fifty-two consecutive weeks next prior to the first Department Planner: George Ruther publication of the annexed legal notice or advertisement and 5. Approval of Minutes that said newspaper has published the requested legal notice November 9, 2015 PEC Meeting Results and advertisement as requested. 6. Informational Update 7. Adjournment The Vail Daily is an accepted legal advertising medium, The applications and information about the propos- als are available for public inspection during regu- lar office hours at the Town of Vail Community De - only for jurisdictions operating under Colorado's Home velopment Department, 75 South Frontage Road. Rule The public is invited to attend the project orienta- tion and the site visits that precede the public p rOV1SlOn. hearing in the Town of Vail Community Develop- ment Department. Times and order of items are approximate, subject to change, and cannot be re- That the annexed legal notice or advertisement was lied upon to determine at what time the Planning and Environmental Commission will consider an published in the regular and entire issue of every item. Please call (970) 479-2138 for additional in - formation. Sign language interpretation is available upon request with 48-hour number of said daily newspaper for the period of 1 notification. Please call (970) 479-2356, Telecom- consecutive insertions; and that the first publication of said munication Device for the Deaf (TDD), for informa- tion. notice was in the issue of said newspaper dated 11/20/2015 and Community Development Department Published in the Vail Daily November 20, 2015 that the last publication of said notice was dated 11/20/2015 in (11705316) the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 11/24/2015. 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 11/24/2015. � 2M.&& 9. -V-� Pamela J. Schultz, Notary Public My Commission expires: November 1, 2019 Ad Name: 11670925A Customer: TOWN OF VAIL/PLAN DEPT/COMM Your account number is- 1 OP2P33 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 11/6/2015 and that the last publication of said notice was dated 11/6/2015 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 11/24/2015. 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 11/24/2015. � 2M.&& 9. -V-� Pamela J. Schultz, Notary Public My Commission expires: November 1, 2019 Nx � 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 November 23, 2015 at 1:00 pm in the Town of Vail Municipal Building. A request for an amendment to a Conditional Use Permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for a 3 year extension to the existing Conditional Use Permit to allow for a private parking lot, located at 934 South Frontage Road (West Day Lot)/Unplatted, and set- ting forth details in regards thereto. (PEC150031) Applicant: Vail Corporation, represented by Mauri- eIlo Planning Group Planner: Chris Neubecker 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 November 6, 2015 in the Vail Daily. (11670925)