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EAGLE RIVER
WATER & SANITATION
DISTRICT
April 5, 2021
Honorable Dave Chapin
Vail Town Council pwadden@vailgov.com
Town of Vail transmitted via email
75 S. Frontage Road
Vail, CO 81657
Re: Gore Creek Stream Corridor Protection Ordinance
Dear Mayor Chapin and Vail Town Council members:
The Eagle River Water & Sanitation District applauds the Vail Town Council for supporting staff in moving
forward with drafting a stream corridor protection ordinance. The Town of Vail and Eagle River Water &
Sanitation District have worked collaboratively on improving Gore Creek water quality since Gore Creek
was listed on Colorado's 303(d) List of impaired water bodies in 2012.
Since the listing, our collective staffs have completed the 2012 Gore Creek Water Quality Improvement
Plan, the 2016 Gore Creek Strategic Action Plan, and are in the midst of completing the Gore Creek
Watershed Source Water Protection Plan. While each plan has built on the previous plan and targeted
specific outcomes, they all point to the need for a stream corridor protection ordinance. Increasing the
riparian buffer adjacent to Gore Creek and its tributaries, limiting turfgrass and hardscape within the buffer
zone, reiterating statewide pesticide regulations in the TOV municipal code, and enforcing the code will
greatly enhance what has become the Restore the Gore movement.
The long term benefits of the proposed ordinance will be far reaching. Improvement to overall aquatic
ecosystem health and habitat are expected to build on, and multiply, the recent successes of the
programs noted above. Improved shading will reduce stream temperatures during the critical brown trout
spawning season and will promote stream health by maintaining low daytime temperatures. Reduced
hardscapes and turfgrass will improve the ability of the floodplain area to store and infiltrate runoff and will
benefit both flood volumes and water quality. All forms of recreation experiences will improve; the more
natural riparian corridor will be noticed by all who recreate on Gore Creek and its tributaries.
As the water and wastewater service provider for the Town of Vail and communities downstream on the
Eagle River, we are committed to a sustainable and healthy river system. The District is committed to
supporting the Town's efforts in drafting and implementing the stream corridor ordinance through
continued collaboration, education and outreach, and ongoing water quality and macroinvertebrate
sampling and monitoring.
We are fortunate to live in Colorado's headwaters and be the first users of the water; preserving the water
quality for downstream users as well as future generations directly ties to our organization's shared value
of environmental stewardship. We are excited with the current momentum behind the Restore the Gore
movement and look forward to our continued collaboration and partnership.
Sincerely,
�29d/P.�
inn Brooks
General Manager
Clean Water. Quality Life.'"
846 Forest Road Vail, Colorado 81657 Tel (970) 476-7480 Fax (970) 476-4089 erwsd.org
From: Crane, James
To: Peter Wadden
Subject: RE: A request for your input on proposed TOV ordinance to protect Gore Creek.
Date: Thursday, March 25, 2021 10:15:52 AM
Attachments: imaoe002.ipo
imaae003.ii)a
Sundial 10footandOHW M. pdf
Sundia125ohwmexistina.pdf
StreamCorridorPresentation 030221. pdf
Good Morning Pete,
Thanks for your email and March 18 phone call explaining how the proposed TOV ordinance to
protect Gore Creek would impact Sundial's streamside property. I shared our phone conversation
and the attached information with our Sundial HOA board of directors and am pleased to report that
the board is supportive of the proposed ordinance and its goals of restoring streambank habitat and
environment.
Thank you for sharing the proposed ordinance and inviting public comment.
With Best Regards,
James Crane, President
Sundial HOA
From: Peter Wadden <PWadden@vailgov.com>
Sent: Thursday, March 18, 20219:36 AM
To: Crane, James <cranej@wustl.edu>
Subject: A request for your input
Hi Jim -
It was good speaking with you this morning. Thanks again for taking the time to present this
proposed Stream Corridor Protection Ordinance to your fellow board members.
They may be interested to watch the presentation I made to Vail Town Council on March 2
explaining the vision for this ordinance. The relevant portion of the meeting begins about
1:14:00 into the linked video. I have also attached a .pdf of the slides from that presentation
if they want to just click through and read those.
There are two maps attached. Each shows the Ordinary High Water Mark (OHWM) in blue.
As I explained on the phone, our proposed ordinance would not impose any restrictions at
this line. That line is just a basis for the 10 foot vegetative and 25 foot building setback I am
proposing. You can see that 10 foot "no mow zone" in red on one of the maps. The other
map shows our existing building setback (50 feet from Gore Creek centerline) in yellow and
contrasts it with the new proposed building setback which would be 25 feet from OHWM in
pink.
I am happy to field questions or feedback from anyone you share this with. I am hoping to
present this proposed code change to the Planning and Environmental Commission in late
April or early May.
Best,
Pete
Peter Wadden
Watershed Education Coordinator
Town of Vail Environmental Department
970-479-2144
pwaddenC_vailaov.com
From: Peter Wadden
Sent: Tuesday, March 16, 20212:52 PM
To: Crane, James <craneiPwustl.edu>
Subject: RE: A request for your input
I just sent you a zoom invite. Look forward to speaking on Thursday. Thanks Jim!
Pete
My cell is :440-655-6978 in case we run into any technological challenges.
From: Crane, James <craneiCcDwustl.edu>
Sent: Tuesday, March 16, 20212:41 PM
To: Peter Wadden <PWaddenCcDvailgov.com>
Subject: Re: A request for your input
Perfect. I assume you will set up the Zoom call?
Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android
From: Peter Wadden <PWaddenCcDvailgov.com>
Sent: Tuesday, March 16, 202112:57:03 PM
To: Crane, James <cranei(@wustl.edu>
Subject: RE: A request for your input
Hi Jim -
9 am on Thursday works for me. Are you available for a zoom call? That would allow me to
share maps and documents if we want to refer to those. Let me know and I will send an
invitation.
Thank you for taking the time to review this proposal and offer your feedback!
Pete
From: Crane, James <craneiC@wustl.edu>
Sent: Tuesday, March 16, 202112:42 PM
To: Peter Wadden <PWaddenPvailgov.com>
Subject: Re: A request for your input
Could we do 9am on Thursday by chance? If not what does your Friday look like?
Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android
From: Peter Wadden <PWaddenCvailgov.com>
Sent: Tuesday, March 16, 202110:58:39 AM
To: Crane, James <cranei(@wustl.edu>
Subject: RE: A request for your input
Hi Jim -
Unfortunately, I am really slammed with meetings all day tomorrow. Do you have time
Thursday before 11 am or between 12 and 2 pm?
Pete
From: Crane, James <crane1Pwust1.edu>
Sent: Monday, March 15, 20217:25 PM
To: Peter Wadden <PWaddenPvailgov.com>
Subject: FW: A request for your input
Thanks Pete. The maps you sent are helpful. I do have a few questions. Do you have a few
minutes this coming Wednesday that we could discuss by phone?
From: Peter Wadden <PWaddenCvailgov.com>
Sent: Monday, March 15, 202111:05 AM
To: Crane, James <craneiC@wustl.edu>
Subject: RE: A request for your input
Hi Jim,
I am doing well and hope you are too. I'm excited to have my first vaccine appointment
coming up on Wednesday. I hope this is a sign of things beginning to return to normal.
Town of Vail contracted a hydrology firm last year to do a study on Gore Creek and all its
tributaries which established an estimated Ordinary High Water Mark based on aerial
LIDAR data. The OHWM we established is effectively a two-year average high water mark.
You can see that line in blue on the attached maps. The ordinance I am proposing would
use this OHWM line as the basis for both a 10 -foot riparian buffer and a 25 -foot building
setback. Town of Vail currently has no required riparian setback and uses a 50 -foot setback
from centerline for buildings.
I have attached three maps that I think will help you better understand how this proposal
would impact Sundial. One shows the Ordinary High Water Mark and proposed 10 -foot
riparian setback. Another shows the OHWM and proposed 25 -foot building setback. The
third contains some irrelevant 15 and 40 -foot setback lines that I will ask you to ignore. I
included it because it shows our existing 50 foot building setback(from Gore Creek
centerline). Interestingly, the proposed change to the building setback would actually give
Sundial a bit of room to build closer to the creek on portions of the west end of the property.
It then intersects and nearly traces the existing setback line as you follow it to the west.
Let me know if this all makes sense or if you have further questions. I would be happy to go
over some maps and discuss this a bit further over zoom if you would like.
Best wishes,
Pete
Peter Wadden
Watershed Education Coordinator
Town of Vail Environmental Department
970-479-2144
pwaddenC_vailgov.com
From: Crane, James <crane'Pwustl.edu>
Sent: Sunday, March 14, 20219:28 PM
To: Peter Wadden <PWaddenPvailgov.com>
Subject: FW: A request for your input
Hi Pete,
Good to hear from you. Thanks for sharing the information in your email and attachments. I also
watched your presentation at the March 2 Vail Town Council meeting. I think I understand most of
what you are proposing but can't visualize what this would mean for Sundial's property. Attached is
an aerial view of Sundial taken before our collaborative Gore Creek Riparian project in 2019. Can
you help me understand how the proposed ordinance would impact our property? If helpful, we
can schedule a Zoom call to discuss.
I trust all is well with you,
Best Regards,
W71
From: Peter Wadden <PWaddenCvailgov.com>
Sent: Tuesday, March 9, 202112:31 PM
To: Crane, James <cranei(@wustl.edu>
Subject: A request for your input
Hi Jim -
As a resident of Vail invested in our human and ecological community I want to ask you to
take some time and offer some input on a proposed Stream Corridor Protection Ordinance
in Vail. I have attached a memorandum to Vail Town Council describing the framework of
the ordinance and a white paper I wrote making the case for such an ordinance in Vail. If
you have the time and interest, you may also wish to watch the presentation I made to Vail
Town Council on March 2 explaining the vision for this ordinance. The relevant portion of
the meeting begins about 1:14:00 into the video.
Briefly, this ordinance seeks to do three things:
1. Establish a 10 foot protected riparian corridor on private property along Gore Creek
and its tributaries
2. Change the required building setback from waterways in Vail to 25 feet from
Ordinary High Water Mark (current is 50 feet from Gore Creek centerline, 30 feet on
tributaries)
3. Adopt statewide pesticide regulations into Vail Town Code
In addition, I intend to recommend Town Council allocate some funding to support private
property owners as they come into compliance should this ordinance pass.
This proposed code change will be vetted through input from stakeholders like yourselves
before being presented to the Building Board of Appeals and Planning and Environmental
Commission. We will then return to Town Council for approval. This is your first opportunity
to offer feedback but you will also have the opportunity to do so during hearings in front of
those public commissions.
If you have the time and interest, I would be happy to accept your comments via email or
set up a time to talk on the phone or through a video conferencing platform. Whatever your
opinion of the specifics of this ordinance, I would be very grateful to have your thoughtful
input. Please feel free to share this information with friends and neighbors who may also
wish to have their opinions heard as well.
Sincerely,
Peter Wadden
Watershed Education Coordinator
Town of Vail Environmental Department
970-479-2144
pwaddenC_vailgov.com
The materials in this message are private and may contain Protected Healthcare Information or other information of a sensitive nature. If
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telephone or return mail.
The materials in this message are private and may contain Protected Healthcare Information or other information of a sensitive nature. If
you are not the intended recipient, be advised that any unauthorized use, disclosure, copying or the taking of any action in reliance on the
contents of this information is strictly prohibited. If you have received this email in error, please immediately notify the sender via
telephone or return mail.
The materials in this message are private and may contain Protected Healthcare Information or other information of a sensitive nature. If
you are not the intended recipient, be advised that any unauthorized use, disclosure, copying or the taking of any action in reliance on the
contents of this information is strictly prohibited. If you have received this email in error, please immediately notify the sender via
telephone or return mail.
The materials in this message are private and may contain Protected Healthcare Information or other information of a sensitive nature. If
you are not the intended recipient, be advised that any unauthorized use, disclosure, copying or the taking of any action in reliance on the
contents of this information is strictly prohibited. If you have received this email in error, please immediately notify the sender via
telephone or return mail.
The materials in this message are private and may contain Protected Healthcare Information or other information of a sensitive nature. If
you are not the intended recipient, be advised that any unauthorized use, disclosure, copying or the taking of any action in reliance on the
contents of this information is strictly prohibited. If you have received this email in error, please immediately notify the sender via
telephone or return mail.
12 March, 2021
Dear Peter,
This response is from Tom & Kristen Sorensen. We have a home in Intermountain that backs up to Gore
Creek. We've owned the home since 1994, so we've seen the creek in all its stages from high run-off of
over 2,000 CFS in the spring to a bare trickle of 11-15 CFS in the winter. We fish the creek often,
summer & winter, so we're in the water more than most. We are also in a section of the creek with a
steeper gradient than some other places in Vail so the water can move very fast past our house. We
don't dare get close to the creek in May and early June. The creek is narrower behind our house than
maybe the average creek width in the Vail Valley. My guess is it is narrower because the steeper
gradient has cut a narrower channel since the last ice age melt. Our home is on a slight bend in the river
and we are on the 'outside' of the bend so my property has more erosion over the last 25+ years than
the other side of the creek. The big erosion years were 2010 and 2019, both with record setting run-
offs. We are far enough downstream of the melting snow in May & June that the peak runoff each day
in the spring doesn't hit our property until between midnight and 1 AM. My landscaped property is
about 8'-10' above the creek. If you saw my back yard you might use the word 'cliff' to describe the
drop from my small, grassy back yard to the creek. We've never landscaped to the creek's edge simply
because you can't landscape a cliff. We have a few willows that are as old as our ownership along the
water's edge and last year we were given willow cuttings and we planted more. Basically, our water's
edge was left almost untouched by my home's developer when the home was built.
Next, I want to comment on bug life. Since we've been there over a quarter century we used to have
Caddis fly hatches that were blizzards on the creek at our home. Our neighbors were amazed at the
profundity of that hatch and they knew we were fly fishermen, so they'd come over and talk to us about
it. All that ended about 2014 or 2015. There are almost no Caddis flies anymore, maybe we see a small
mating swirl in our back yard of 30-40 bugs, here & there, in late June and through July. The hatch is
now a non-event. Before 2014 when I'd snag an underwater stick fly fishing and dislodge it to unhook I
used to lift out branches heavy with maybe 50-60 casement Caddis fly larva. Larva also used to cling to
the leading edge of every rock in the stream. Now when we fish, the branches are still there and we still
snag them, but it's a rarity to see Caddis life clinging to them. Stones under the water are barren of
casement Caddis. Crane flies used to cling to the stucco walls of my home at night and they'd still be
there when we got up in the morning, but now they're almost gone. We used to have several varieties
of Mayflies, but they've also fizzled to almost nothing. The only thing that seems to still be there by the
thousands are Midges. I'm guessing that Midges have a higher tolerance to chemicals in the creek, they
show no signs of diminishment to me, winter or summer. Yet with all the loss of bug life, and this
amazes me, there are still lots of fish in Gore Creek near my home. I can't explain it, but I'm still a happy
fly fisherman. If you told me fish counts have been taken and fish counts are down, I'd have to believe
you, but I catch lots of fish still and return them to the river since the drop in bug life.
All that is background, now on to your proposals. We have no problem and encourage your proposal to
adopt State pesticide/herbicide guidelines as city law, so we can enforce them locally. My wife & I rode
our bikes to the village last summer and as we passed a condo complex on the trail I could smell
pesticides in the air. And then, in about 20' we actually rode through the wet, milky residue on the bike
trail. Through the trees we could see guys spraying spruce trees from large tanks & pumps on the back
of trucks. They were not on the stream side of the Condos when we saw them, but I always wondered,
would they also spray the trees on creek side of the Condos? We would get behind this part of your
proposal.
We do have problems with your establishment of Ordinary High Water Marks (OHMW). They seem
vague to us. You said in your presentation that the ordinary property owner cannot figure out an
OHWM without an engineering firm. That's a real onerous thing youre proposing. We're property
owners and you're saying we can't figure it out by ourselves without paying maybe $1,000 to $2,000 to
someone using a formula that is technical enough that it is a secret to the average property owner?
Everything else you propose as to 10' riparian zones and 25' structural set -backs are based on an OHWM
that is unknowable without engineers. We think that really hurts what you're proposing.
My wife noted somewhere in your presentation that you'd like to not be a stickler and would give
property owners some latitude in establishing the 10' riparian zone. We know you'd personally be that
way, but once this becomes city law, it's up to the planning & zoning department to enforce. And Vail's
department that covers those type of things has not historically been anything but a stickler and never
gives any latitude to interpretation other than their own. I just want you to know that all progressive
cities are like that and Vail is no better and no worse. When you start out with something as vague as
the OHWM you're asking for unintended negative consequences in enforcement.
I need to add that we are not against 10' riparian zones or 25' setbacks, necessarily, but not based on
something as vague as an OHWM. We support changes to bring back the Gore that are easy for
everyone to understand. The old standard based on the center of the creek was more objective and
transparent. We don't like the idea of trusting the fate of our property to an engineering formula we
can't fathom. We suggest you stay with the center of the stream standard or some modification of that
standard which makes it easier to understand and homeowners can make calculations for themselves.
Tom Sorensen (303.902.0419) Kristen Sorensen (303.902.0512)
2675 Kinnikinnick Road, #1
Vail, CO 81657
From:
Tom Hopkins
To:
Peter Wadden
Cc:
Pam Hopkins
Subject:
Re: A request for your input
Date:
Tuesday, March 9, 20215:41:15 PM
Peter,
We're supportive of your efforts to make/keep Gore Creek an attractive environment for
aquatic wildlife and for the bugs etc. (fish food) and plants (shade etc,) that make up such an
environment.
As you may recall, our property extends to the top of the most southerly bank of the main
stream of Gore Creek. So we have six stream banks on our propery: Sth and Nth banks of the
main stream, Sth and Nth banks of the secondary stream that separates from the main stream
about 200' upstream from our house and joins the main stream again at the west side of our
property, and the West and East banks of the spring -fed tributary that is on the East side of our
house. All six banks add up to 100s of feet in length. We use no fertilizer on our propetry
We have a short length of bank (20') with mowed grass on the Nth bank of the secondary
stream closest to our house, and we have a short length of bank (10') on the West side of the
spring -fed tributary also with mowed grass. Would your proposed ordinance prevent us from
having these short stretches of mowed grass? If yes, would we be able to chose what native
grasses/bushes we plant on these banks, to ensure that we can still enjoy the creek from our
brick deck, and our grandchildren can have access?
We recentlly had two beavers move into our neighborhood and build dams on the secondary
stream about 100' East of our house. This caused consternation as they diverted the water
around the Nth bank of the stream and it flooded our property. As you may recall, our house
is built close to the stream and we have discovered that while we built our house well above
the 100 year flood plain (one hydrologist estimated that we were well above the thousand year
flood plain), we found that the beaver flooded our yard up to the I00year flood plain on the
survey that we used to locate our house. So we had beaver#I moved to the Flat Tops and
pulled down his dam. Beaver#2 still has his dam... but I cleared out a spillway so that he
could not back up more than 3' of water behind the dam which would flood our yard.
Beaver42 and I had quite a battle for about one month. We will be removing the beaver -92 and
his dam before the spring run-off in May. Does your proposed ordinance make any mention
of beavers? I ask as we know that beavers are generally considered desireable for fish and
wild life, but for us, they cause an unacceptable risk of flooding our home.
Kind regards
Tom
On Mar 9, 2021, at 4:31 PM, Pamela Hopkins
<pamelact.hol2kinsarchitecture.com> wrote:
Begin forwarded message:
From: Peter Wadden <PWaddenQvailgov.com>
Subject: A request for your input
Date: March 9, 2021 at 12:32:33 PM MST
To: Hopkins Architecture <pamela e hopkinsarchitecture.com>
Hi Pam and Tom -
As residents of Vail invested in our human and ecological
community I want to ask you to take some time and offer some
input on a proposed Stream Corridor Protection Ordinance in Vail. I
have attached a memorandum to Vail Town Council describing the
framework of the ordinance and a white paper I wrote making the
case for such an ordinance in Vail. If you have the time and
interest, you may also wish to watch the presentation I made to Vail
Town Council on March 2 explaining the vision for this ordinance.
The relevant portion of the meeting begins about 1:14:00 into the
video.
Briefly, this ordinance seeks to do three things:
1. Establish a 10 foot protected riparian corridor on private
property along Gore Creek and its tributaries
2. Change the required building setback from waterways in Vail
to 25 feet from Ordinary High Water Mark (current is 50 feet
from Gore Creek centerline, 30 feet on tributaries)
3. Adopt statewide pesticide regulations into Vail Town Code
In addition, I intend to recommend Town Council allocate some
funding to support private property owners as they come into
compliance should this ordinance pass.
This proposed code change will be vetted through input from
stakeholders like yourselves before being presented to the Building
Board of Appeals and Planning and Environmental Commission.
We will then return to Town Council for approval. This is your first
opportunity to offer feedback but you will also have the opportunity
to do so during hearings in front of those public commissions.
If you have the time and interest, I would be happy to accept your
comments via email or set up a time to talk on the phone or
through a video conferencing platform. Whatever your opinion of
the specifics of this ordinance, I would be very grateful to have your
thoughtful input. Please feel free to share this information with
friends and neighbors who may also wish to have their opinions
heard as well.
Sincerely,
Peter Wadden
Watershed Education Coordinator
Town of Vail Environmental Department
970-479-2144
pwadden(a-)vailaov.com
<image003.jpg>
<Stream Corridor Protection 030221.pdf>
<White paper on proposed stream setback code changes.pdf>
From: Pedro Campos
To: Peter Wadden
Cc: Tim Halbakken; Jesse Gregg; Caroline Schoeller
Subject: RE: A request for your input - Zehren and Associates reply and input.
Date: Tuesday, April 6, 20217:36:09 PM
Hi Pete,
Thanks for the opportunity to provide input. I've asked our staff to review and here is a synopsis of
our feedback, compiled by Tim Halbakken:
First off we recognize and appreciate your passion for these issues. Tim, Jesse and I have all
participated in Restore the Gore presentations you have made and it is clear the Town has the right
person tackling these issues.
As local invested professionals and residents 'downstream' we feel it's an important and interesting
cause that the TOV and the environmental and sustainability department is pursuing.
All three measures you are pursuing are well supported and well documented by the research. We
assume that the Town Council has directed your team to develop these type of ordinances and its
seems you are well on your way with the activities planned in May
We are particularly supportive of adopting the state pesticide regulations at the local level, thus
allowing enforcement by town officials.
We can think of a number of offending properties that could be approached and then supported
(possibly financially) to turn their riparian edge back to a natural state. As documented, the
reduction of pesticides has had the most immediate and direct impact on stream health, and so we
strongly support enforcement. It is interesting that the last documented enforcement case was in
2015, possibly an indication that more frequent / periodic audits may be necessary.
The centerline offset argument makes a lot of sense as well. From prior experience it's too difficult
to define and it makes more sense to do an offset from the normal annual high water mark (AHWM)
Initially with the riparian zone requirement, we initially contemplated that the prevalent reaction
might be: "that's going to be considered a taking". However, additional research and homework
reveals that 5 to 10' would not be considered a legal taking. So if this falls within legal framework we
are in support and for the health of the stream and its ecosystem.
In short, we support the initiative in full and advocate that the local landscape industry should too.
It is likely some landscape companies are offenders of the pesticide regulations. In this regard it
might take a fine structure to get any non-compliant groups to endorse and follow the ordinance.
One of Tim's ideas is that perhaps if caught violating the rules these groups should make up for the
fine by planting some riparian areas.
hope this summary helps and that you succeed in your efforts on behalf of the Town, and the Gore
Creek environment and its ecosystem.
Very sincerely on behalf of the Zehren and Associates Landscape Architecture and Land Planning
team and importantly as leadership partners in the Town's Restore the Gore efforts.
Pedro Campos, PLA
Principal, Landscape Architect & Land Planner
0: (970) 949-02571 F: (970) 949-1080
From: Peter Wadden <PWaddenC@vailgov.com>
Sent: Tuesday, March 9, 20213:47 PM
To: Pedro Campos <pedrocC@zehren.com>
Cc: Tim Halbakken <timhC@zehren.com>; Jesse Gregg <iessegC@zehren.com>; Caroline Schoeller
<carolinesC@zehren.com>
Subject: RE: A request for your input
Thanks Pedro and team! I would really appreciate feedback by the end of March if that
seems feasible. I certainly understand it is a lot to review so I would be happy to talk
through it with you if that would save you time in wrapping your head around the details.
Pete
From: Pedro Campos <pedrocC@zehren.com>
Sent: Tuesday, March 9, 20213:32 PM
To: Peter Wadden <PWaddenl@vailgov.com>
Cc: Tim Halbakken <timh(@zehren.com>; Jesse Gregg <iesseg(@zehren.com>; Caroline Schoeller
<carolines(@zehren.com>
Subject: RE: A request for your input
Hi Pete,
Thank you for reaching out and sharing. We will definitely review and provide comments. In
addition to being a local business active in community and environmental planning and design Jesse,
Tim, and myself are leadership partners in the Restore the Gore effort from our attendance of past
workshops and seminars. It is both important and appropriate for us to weigh in.
We will compile our thoughts and ideas into one response. Is there a particular date that would
help you receiving our input? Let us know and thanks for taking these issues on!
Regards, Pedro
Pedro Campos, PLA
Principal, Landscape Architect & Land Planner
0: (970) 949-02571 F: (970) 949-1080
From: Peter Wadden <PWaddenPvai1Rov.com>
Sent: Tuesday, March 9, 202112:49 PM
To: Pedro Campos <pedrocPzehren.com>
Subject: A request for your input
Hi Pedro -
As a representative of Zehren, a business that is active and invested in our human and
ecological community, I want to ask you to take some time and offer some input on a
proposed Stream Corridor Protection Ordinance in Vail. I have attached a memorandum to
Vail Town Council describing the framework of the ordinance and a white paper I wrote
making the case for such an ordinance in Vail. If you have the time and interest, you may
also wish to watch the presentation I made to Vail Town Council on March ' explaining the
vision for this ordinance. The relevant portion of the meeting begins about 1:14:00 into the
video.
Briefly, this ordinance seeks to do three things:
1. Establish a 10 foot protected riparian corridor on private property along Gore Creek
and its tributaries
2. Change the required building setback from waterways in Vail to 25 feet from Ordinary
High Water Mark (current is 50 feet from Gore Creek centerline, 30 feet on
tributaries)
3. Adopt statewide pesticide regulations into Vail Town Code
In addition, I intend to recommend Town Council allocate some funding to support private
property owners as they come into compliance should this ordinance pass.
This proposed code change will be vetted through input from stakeholders like yourselves
before being presented to the Building Board of Appeals and Planning and Environmental
Commission. We will then return to Town Council for approval. This is your first opportunity
to offer feedback but you will also have the opportunity to do so during hearings in front of
those public commissions.
If you have the time and interest, I would be happy to accept your comments via email or
set up a time to talk on the phone or through a video conferencing platform. Whatever your
opinion of the specifics of this ordinance, I would be very grateful to have your thoughtful
input. Please feel free to share this information with colleagues and clients who may wish to
have their opinions heard as well.
Sincerely,
Peter Wadden
Watershed Education Coordinator
Town of Vail Environmental Department
970-479-2144
pwaddenUvailaov.com
HEALTHY
BUSINESS
CIRITIFiED
From:
Dominic Mauriello
To:
Peter Wadden
Cc:
Tom Kassmel
Subject:
Re: A request for your input
Date:
Monday, March 15, 20213:23:35 PM
Hi Peter:
Thank you again for reaching out to me.
I have taken a look at the impact of the proposed setbacks on the Evergreen Lodge, one of my
clients. This property was addressed extensively in an amendment to the Lionshead
Redevelopment Master Plan and was part of a land swap with Vail Health. A lot of work was
put into a preliminary design to make sure that Vail health and Evergreen Lodge would each
have their needs addressed on Lot F-1. For this analysis Evergreen relied upon the current
stream setbacks and zoning setbacks. An increase in these setbacks will have a detrimental
impact upon the Evergreen Lodge property.
We did a quick study of the current setbacks versus the 25' setback proposed (attached). One
of the major consequences of the proposed setback is that, unlike the centerline setback, there
are stream banks and eddies that can affect the impacts to private property. The Evergreen is
one of these cases even when you drop the setback to 20'. 20' certainly works a lot better
except where there is a random stream bank especially related to Lot F-1 where literally the
wide of the development on the project was planned down to the foot.
It seems to me that you can still accomplish many of your goals by leaving the stream setbacks
as they are measured today from the centerline but adding in the proposed 10' natural riparian
buffer. Even with the 10' riparian buffer, you are going to need to provide some exceptions or
maybe some performance standards or alternatives that allow for things like the community
path that runs along Gore Creek to encroach. Maybe the regulation could be written that the
setbacks are 30' from the centerline of the stream but in no case shall there be a setback of less
than 10' from the OHWM. That way you are always guaranteed that the riparian zone can
exist to help protect the creek.
I am hoping we can come up with something that will work for the Town and the Evergreen
Lodge. The Town's proposal is causing a significant amount of anxiousness based on the
millions that were spent to work on the swap with Vail Health.
Please let me know the schedule for reviewing this with the Town Council.
Thanks,
Dominic F. Mauriello, AICP
Mauriello Planning Group, LLC
PO Box 4777
2205 Eagle Ranch Road
Eagle, Colorado 81631
970-376-3318 cell
www.mp-vail.com
On Mar 11, 2021, at 10:17 AM, Peter Wadden <PWaddenavailgov.com> wrote:
Hi Dominic -
I think you will find what you are looking for at the Evergreen on page 48 of the
10 foot setback mapset. It does look like Sean omitted the tributaries from the
25 foot setback maps I have. I will follow up with him and see if we can
generate those.
Pete
From: Dominic Mauriello <dominicC@mpgvail.com>
Sent: Thursday, March 11, 202110:12 AM
To: Peter Wadden <PWaddenC@vailgov.com>
Subject: Re: A request for your input
That works.
Also, the maps are very helpful except they don't go far enough north on Middle Creek
to see how the existing Evergreen Lodge is affected. Can you generate a map that
includes from the Frontage Road to Meadow Drive at the Evergreen?
Dominic F. Mauriello, AICP
Mauriello Planning Group, LLC
PO Box 4777
2205 Eagle Ranch Road
Eagle, Colorado 81631
970-376-3318 cell
www.mpgvail.com
On Mar 11, 2021, at 10:06 AM, Peter Wadden <PWaddenC@vailgov.com>
wrote:
Thanks for confirming. Let me know if next Thursday at 11 would
be a good time to chat.
From: Dominic Mauriello <dominicC@mpgvail.com>
Sent: Thursday, March 11, 202110:05 AM
To: Peter Wadden <PWaddenC@vailgov.com>
Subject: Re: A request for your input
Thank you. Got them
Dominic F. Mauriello, AICP
Mauriello Planning Group, LLC
PO Box 4777
2205 Eagle Ranch Road
Eagle, Colorado 81631
970-376-3318 cell
www.mpgvail.com
On Mar 11, 2021, at 9:15 AM, Peter Wadden
<PWaddenC@vailgov.com> wrote:
Hi Dominic -
I believe you should have just received dropbox links
for two sets of maps showing the OHWM and proposed
10 and 25 foot setbacks. Please let me know if you did
not receive those links.
Pete
From: Dominic Mauriello <dominicC@mpgvail.com>
Sent: Thursday, March 11, 20218:29 AM
To: Peter Wadden <PWaddenC@vailgov.com>
Subject: Re: A request for your input
Also, can you explain the 10' riparian zone as it relates to the
25' setback? Is the 25' building setback from the OHWM
and the 10' riparian zone also from the OHWM? What if the
10' riparian zone is outside of the private property? So in
some cases the 10' riparian zone may not affect private
property and in other cases it would?
Dominic F. Mauriello, AICP
Mauriello Planning Group, LLC
PO Box 4777
2205 Eagle Ranch Road
Eagle, Colorado 81631
970-376-3318 cell
www.mQgvail.com
On Mar 10, 2021, at 9:38 AM, Peter Wadden
<PWaddenl@vailgov.com> wrote:
Hi Dominic -
No need to apologize for your "rant." This
is just the kind of dialogue I was hoping for.
I have thought of some of the challenges
you mention below and you raise a few
that I have not resolved yet. It certainly is
difficult for our elected and appointed
officials to take positions "against the
creek." I am hopeful we can foster a more
nuanced discussion about this proposed
ordinance though. My goal is to restore
riparian habitat on private property.
Education, outreach and public-private cost
shares have not achieved changes on the
scale we wish to see, so now we're
considering an ordinance. There will
certainly be those in the community who
think that this ordinance, or maybe any
ordinance, is not the appropriate way to
achieve that.
Planners have weighed in on these
proposed setbacks and the setbacks are
based on maps Sean generated for us. I
didn't share those in my initial email to you
because they are very large files. I've
attached a snapshot of the 10 foot setback
from Ordinary High Water Mark (OHWM)
from the vicinity of the Community Garden
as an example. I can try to share the larger
files with you via dropbox if you're
interested in taking a look. Under the
current 50' (Gore Creek) and 30' (tributary)
building setbacks 111 non -conforming
structures exist in Vail. If Council adopts a
25' setback from OHWM (on both Gore
Creek and tributaries) there will be 142
nonconforming structures- 92 of which are
among those not conforming under current
regulations. I had some back and forth with
the planners about this. Some of them
preferred I propose a 20 foot building
setback from OHWM because it would
slightly reduce the number of non-
conforming structures in town. The rest of
the Environmental Department and I
settled on 25 feet because we did not want
to "give up" setback acreage through this
ordinance. You raise a salient point about
the constraints I face as I try to restore
riparian habitat in the context of Vail's built
environment. Historically, I would argue
many structures in Vail were built too close
to the creek. We are trying to establish
regulations that will discourage that in the
future. This will lead to nonconformities
and constraints on development/expansion
near the creek.
The EPA recommends 50-100 foot riparian
setbacks to restore "natural ecology."
Realistically, I think 10 feet is about as big
as we can go in Vail. It's good to hear that
your research indicates this could still be
effective. On some properties, even 10 feet
will be very intrusive. I am proposing that
we draft an "or" clause into the ordinance
that will allow properties where a structure
falls within 20 feet of OHWM to maintain a
buffer that is half that distance even if that
number is less than 10 feet.
Roads, bridges, the bike path and public
parks will need to be exempted from this
regulation somehow. I have not pinpointed
exactly how to do that yet.
I'm slammed the rest of this week but could
speak next Tuesday afternoon or anytime
on Thursday if you're available. I really
appreciate you taking the time to look
these materials over and offer your
feedback.
Best wishes,
Peter Wadden
Watershed Education Coordinator
Town of Vail Environmental Department
970-479-2144
pwaddenQvailaov.com
<i mage002.j pg>
From: Dominic Mauriello
<domin icC@mpgvail.com>
Sent: Wednesday, March 10, 20218:37 AM
To: Peter Wadden <PWaddenC@vailgov.com>
Subject: Re: A request for your input
Hi Peter:
I am happy to discuss with you but it really
comes down to the details and how they are
applied. The concept is wonderful. Protect the
creek. It's kind of like asking if you like ice
cream. Who is going to say that is a bad idea?
The code language and the application of the
standards is the critical issue.
I can see this making every core area building
or proposed building (Evergreen Lodge
expansion per the master plan) along a creek in
Vail nonconforming or a significant impairment
on the redevelopment of properties. I am
thinking about Middle Creek, Sandstone Creek,
Mill Creek, in addition to Gore Creek.
If the stream setbacks are 30' and 50' why isn't
the proposal 15' and 25'? A 25' setback on the
tributary will be hugely impactful.
I have done a lot of research related to wetland
setbacks and the effect of buffer width on
water quality. The Denver Water Board has a
good study but basically the width of the buffer
depends on the setting and the
implementation of other water quality
measures (i.e., passive buffer versus a managed
buffer). After 15' there are diminishing returns
on water quality. I've seen the examples you
are providing. It feels a little like a cherry
picking of standards most of which are not
based on science but rather plucked from the
sky. Areas that are more rural and passive
adopted wider buffers and areas that are more
developed and urban have narrower buffers
because they also aren't relying 100% on
passive buffers.
I think Sean could generate some maps that
might help assess the setback impacts on
private property. Certainly an analysis like that
should be done and maybe you plan to.
I worry about the 10' riparian zone. Is that
within the 25' setback or on top of the setback
(now 35')? What about where the Town's
community path is within what would be the
riparian buffer in an easement on private
property? Do you allow the community path to
be part of the 10' riparian buffer.
Have you run your memo by the Planners?
Having the DRB grant variances with be a new
function for them. That is more typically a PEC
consideration.
I think you should reach out to Gary Brooks,
Alpine Engineering and Heather Houston, Birch
Ecology who both also have a lot of experience
in these areas.
Sorry for the quick rant.
Let's definitely get on a call.
Thanks
Dominic F. Mauriello, AICP
Mauriello Planning Group, LLC
PO Box 4777
2205 Eagle Ranch Road
Eagle, Colorado 81631
970-376-3318 cell
www.mpgvail.com
On Mar 10, 2021, at 7:44 AM,
Peter Wadden
<PWaddenC@vailgov.com> wrote:
Hi Dominic -
We haven't gotten that far yet.
We're looking for public input
on the framework before we
begin drafting the language of
the ordinance.
Best,
Pete
From: Dominic Mauriello
<dominicC@mpgvail.com>
Sent: Tuesday, March 9, 2021
6:29 PM
To: Peter Wadden
<PWaddenC@vailgov.com>
Subject: Re: A request for your
input
Can you send me your draft
ordinance?
Dominic F. Mauriello, AICP
Mauriello Planning Group, LLC
PO Box 4777
2205 Eagle Ranch Road
Eagle, Colorado 81631
970-376-3318 cell
www.mpgvail.com
On Mar 9, 2021, at
1:40 PM, Peter
Wadden
<PWaddenC@vailgov.
com> wrote:
Thanks Dominic. I
would appreciate
your critical eye if
you have the time.
I realize I provided
you with a lot of
material so I would
be happy to talk it
over via phone or
zoom if that would
be easier or less
demanding of your
time.
Best,
Peter Wadden
Watershed
Education
Coordinator
Town of Vail
Environmental
Department
970-479-2144
pwaddenQvailgov.
co m
<i mage002.j pg>
From: Dominic
Mauriello
<dominicC@mpgvail.c
om>
Sent: Tuesday,
March 9, 20211:38
PM
To: Peter Wadden
<PWaddenC@vailgov.
com>
Subject: Re: A
request for your
input
Hi Peter:
Thank you for
reaching out to me.
I will take a look at
what is proposed
and get back to you.
Dominic F.
Mauriello, AICP
Mauriello Planning
Group, LLC
PO Box 4777
2205 Eagle Ranch
Road
Eagle, Colorado
81631
970-376-3318 cell
www.mpgvail.com
On Mar
9,
2021,
at 1:34
PM,
Peter
Wadde
n
<PWad
den v
ails
om>
wrote:
Hi
Domini
c -
As a
repres
entativ
e of
Maurie
Ilo
Planni
ng
Group,
a
busine
ss that
is
active
and
investe
d in
our
human
and
ecologi
cal
comm
unity, I
want
to ask
you to
take
some
time
and
offer
some
input
on a
propos
ed
Strea
m
Corrid
or
Protect
ion
Ordina
nce in
Vail. I
have
attach
ed a
memor
andum
to Vail
Town
Counci
I
descri
bing
the
frame
work
of the
ordina
nce
and a
white
paper)
wrote
makin
g the
case
for
such
an
ordina
nce in
Vail. If
you
have
the
time
and
interes
t, you
may
also
wish to
watch
the
rp esen
tation I
made
to Vail
Town
ounci
I on
March
2explai
ning
the
vision
for this
ordina
nce.
The
releva
nt
portion
of the
meetin
g
begins
about
1:14:0
0 into
the
video.
Briefly,
this
ordina
nce
seeks
to do
three
things:
1.
E
s
t
a
b
li
s
h
a
1
0
f
0
0
t
p
r
0
t
e
c
t
e
d
r
i
p
a
r
i
a
n
c
0
r
r
i
d
0
r
0
n
p
r
i
v
a
t
e
p
r
0
p
e
2.
r
t
Y
a
I
0
n
9
G
0
r
e
C
r
e
e
k
a
n
d
it
s
t
r
i
b
u
t
a
r
i
e
s
C
h
a
n
9
e
t
h
e
r
e
m
G
0
r
e
c
r
e
e
k
c
e
n
t
e
r
li
n
e
3.
t
s
t
a
t
e
w
I
d
e
p
e
s
ti
c
I
d
e
r
e
9
u
I
a
ti
0
n
s
n
t
0
V
a
11
0
w
n
c
0
d
e
li
additio
n, I
intend
to
recom
mend
Town
Counci
I
allocat
e
some
fundin
g to
suppor
t
private
propert
y
owner
s as
they
come
into
compli
ance
should
this
ordina
nce
pass.
This
propos
ed
code
chang
e will
be
vetted
throug
h input
from
stakeh
olders
like
yourse
Ives
before
being
presen
ted to
the
Buildin
g
Board
of
Appeal
s and
Planni
ng and
Enviro
nment
al
Commi
ssion.
We will
then
return
to
Town
Counci
Ifor
approv
al.
This is
your
first
opport
unity
to offer
feedba
ck but
you
will
also
have
the
opport
unity
to do
so
during
hearin
gs in
front of
those
public
commi
ssions.
If you
have
the
time
and
interes
t, I
would
be
happy
to
accept
your
comm
ents
via
email
or set
up a
time to
talk on
the
phone
or
throug
ha
video
confer
encing
platfor
M.
Whate
ver
your
opinio
n of
the
specifi
cs of
this
ordina
nce, I
would
be
ve ry
gratefu
Ito
have
your
though
tful
input.
Please
feel
free to
share
this
inform
ation
with
colleag
ues
and
clients
who
may
wish to
have
their
opinio
ns
heard
as
well.
Sincer
ely,
Peter
Wadde
n
Waters
hed
Educat
ion
Coordi
nator
Town
of Vail
Enviro
nment
al
Depart
ment
970-
479-
2144
pwadd
en va
it ov.c
om
<i mage
003.j pg
<Strea
m
Corrido
Protecti
on
030221
.pdf>
<White
paper
on
propos
ed
stream
setback
code
change
s. pdf>
<Community Garden Setback- proposed.png>
Stream (The Gore) Corridor Protection
(Concern of Councilman Stockmar) How many reaches of stream erosion are there? In my work along
the Gore and Eagle, there is only one significant erosion spot that I know of. (Near the confluence of
Lake Creek with the Eagle.) The significant erosion spots could be identified, and allowances made for
them and their changes over time. Better yet, some hydraulic work could be performed to curtail the
erosion.
If you were to put in a water source protection ordinance such as Boulder, although it would begin at
the golf course wells, it would cover most of East Vail if the 5 -mile rule applied. If I read your white
paper correctly, both surface and ground water (wells) would be covered.
It would be great if there was a surface water inlet at Dowd's, but there is not. Five miles upstream
from that would bring you into town, just west of the golf course.
Streamside dwellers want to be able to see the water just as lake folk want to see the water. So, focus
on low growing materials. Unfortunately, I suspect willows would not fall into the class although they
are excellent in picking up heavy metals. Are there grasses that do not grow very high? Would you
consider moderate mowing or weed eating of such grasses in order to maintain sight of the creek?
Another thought — trees. But you would have to judiciously choose trees that predominately want to
have higher foliage. And the trees might have to be pruned to discourage suckers and lower limbs.
They would provide soil and bank stabilization and still allow a good view of the water. Many trees are
good at picking up heavy metals as well.
I definitely support the concept of using the OHM. As you note, it is easy to measure and gives a clear
definition. I think it is easier to have a "floating" OHM as long as the definition is not abused.
In the future when repairing or rebuilding a bridge across the Gore, construct it so that all runoff is
collected and at least directed to a settling vessel and oil skimmer. I live up Alpine and cross the
Matterhorn bridge daily. I was somewhat appalled that they did not design it to collect runoff.
Timm Paxson
City of Vail, Colorado
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: September 27, 2021
ITEM/TOPIC:
A request for the review of an extension to a Conditional Use Permit, pursuant to Section 12-9C-3, Conditional Uses; Public buildings
and grounds, Vail Town Code, to allow the continued use of the yurt at the Vail Nature Center for a period of three (3) years, located
at 841 Vail Valley Drive/Unplatted (Ford Park Nature Center) and setting forth details in regard thereto. (PEC21-0039)
ATTACHMFNTS-
File Name
PEC21-0039 Staff Memorandum.pdf
Attachment A - Vicinity Map.pdf
Attachement B. Vail Nature Center Yurt Extension Narrative.pdf
Attachment C - Vail Nature Center Plans.pdf
Attachment D - Photos.Ddf
Description
Staff Memorandum
Attachment A - Vicinity Map
Attachement B. Vail Nature Center Yurt Extension Narrative
Attachment C - Vail Nature Center Plans
Attachment D - Photos
TOWN OF VAIL
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: September 27, 2021
SUBJECT: A request for the review of an extension to a Conditional Use Permit, pursuant to
Section 12-9C-3, Conditional Uses; Public buildings and grounds, Vail Town
Code, to allow the continued use of the yurt at the Vail Nature Center for a period
of three (3) years, located at 841 Vail Valley Drive/Unplatted (Ford Park Nature
Center) and setting forth details in regard thereto. (PEC21-0039)
Applicant: Town of Vail, represented by Kristen Bertuglia
Planner: Jonathan Spence
I. SUMMARY
The applicant, Town of Vail, represented by Kristen Bertuglia, is requesting an
extension to a Conditional Use Permit for the continued use of the yurt for the operation
of the Vail Nature Center during the planning and repair of the existing Vail Nature
Center building, located at 841 Vail Valley Drive. The yurt and existing Vail Nature
Center are considered "public buildings and grounds", which are conditional uses in the
General Use (GU) zone district.
It is intended that the yurt remain in operation only during the repair and/or replacement
of the existing Vail Nature Center building, which has structural problems and also
needs environmental remediation. The repairs and/or replacement of the existing
Nature Center building have been delayed due to COVID.
Based upon Staff's review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends approval, with conditions, of this application subject to the findings
noted in Section VIII of this memorandum.
II. DESCRIPTION OF REQUEST
The existing 27 -foot diameter yurt was placed approximately 75 feet to the east of the
existing Nature Center building within Ford Park. The yurt was set on a new wood deck
on a concrete foundation. Accessible portable toilets and a handwashing station have
also been installed to the east of the yurt since the existing composting toilets in the
Nature Center are no longer useable. The toilets and handwashing station are screened
by a 6' tall wood enclosure. Improvements to an existing pathway, including a section of
new boardwalk, have been installed to provide an ADA -compliant route to the yurt.
The Nature Center site can be accessed by pedestrians along a path from Vail Valley
Drive, or from Ford Park near the Gerald R. Ford Amphitheater via a pedestrian bridge
over Gore Creek. ADA parking is currently available near the Amphitheater, and the
existing path from the bridge to the Nature Center has been re -graded and improved to
meet ADA standards. Vehicular access to the site for deliveries is available on a dirt
driveway from Vail Valley Drive to the south and east of the existing Nature Center
building.
The yurt is being used by the Vail Nature Center for programs and displays during the
repair and renovation of the existing Vail Nature Center building, or during construction
of a new building, if necessary. The determination of repair or replacement of the
existing Nature Center building will be made by Town Council after a thorough review of
the existing structure, and any required mitigation or structural improvements to bring
the building up to current Building Code standards.
A vicinity map (Attachment A), a copy of the applicant's narrative (Attachment B), yurt
plans (Attachment C) and site photos (Attachment D) have been attached for reference.
III. BACKGROUND
The Ford Park site was acquired by the Town of Vail in April of 1973 to improve the
quality of life in the community. This 39 - acre park site represented the last remaining
parcel of land central to use by all residents and visitors of the Vail community. The
property, known at the time as the Antholz Ranch, was acquired on April 3, 1973, via
Ordinance No. 6, Series of 1973.
In August of 1973, the Vail Plan was completed, which was designed to control the
growth and development of the community, and also contained a chapter on the town
recreation system. The Antholz Ranch property was mentioned as the only site
available that could satisfy the space needs for the planned recreation uses.
In January of 1977, the Vail Town Council adopted Resolution No. 1, Series of 1977,
naming the property commonly known as the Antholz Ranch as Gerald R. Ford Park in
appreciation of President Ford's contributions to the community.
In August of 1985, the Gerald R. Ford Park and Donovan Park Master Plan
Development Final Report was completed. The Ford Park Master Plan was adopted by
Council via Resolution No. 19, Series of 1985. The purpose of the master plan was to
guide the future development of these parks and establish guidelines for the
implementation of improvements.
On November 3, 1987, the Town Council adopted Resolution No. 27, Series of 1987,
which designated the seven acres around the Nature Center as an area to be preserved
Town of Vail Page 2
as an example of the Gore Valley's natural history. Vehicular traffic was restricted and
certain policies and procedures for preservation and maintenance of the grounds and
facilities were established with the resolution.
In April of 2018, the Planning and Environmental Commission approved a Conditional
Use Permit for the temporary use of the yurt for a period of three years. The applicant
has requested any additional three year time period due to delays caused by COVID.
IV. APPLICABLE PLANNING DOCUMENTS
Vail Town Code — Article C — General Use
12-9C-1: PURPOSE.-
The
URPOSE:
The general use district is intended to provide sites for public and quasi -public uses
which, because of their special characteristics, cannot be appropriately regulated by the
development standards prescribed for other zoning districts, and for which development
standards especially prescribed for each particular development proposal or project are
necessary to achieve the purposes prescribed in section 12-1-2 of this title and to
provide for the public welfare. The general use district is intended to ensure that public
buildings and grounds and certain types of quasi -public uses permitted in the district are
appropriately located and designed to meet the needs of residents and visitors to Vail,
to harmonize with surrounding uses, and, in the case of buildings and other structures,
to ensure adequate light, air, open spaces, and other amenities appropriate to the
permitted types of uses.
12-9C-3: CONDITIONAL USES.-
A.
SES:
A. Generally: The following conditional uses shall be permitted in the GU district,
subject to issuance of a conditional use permit in accordance with the provisions of
chapter 16 of this title.-
Child
itle:
Child daycare centers.
Equestrian trails.
Golf courses.
Healthcare facilities.
Helipad for emergency and/or community use.
Major arcades.
Plant and tree nurseries, and associated structures, excluding the sale of trees or
other nursery products, grown, produced or made on the premises.
Public and private parks and active outdoor recreation areas, facilities and uses.
Public and private schools.
Public and quasi -public indoor community facilities.
Public buildings and grounds. (Emphasis added)
Public parking structure.
Public theaters, meeting rooms and convention facilities.
Public tourist/guest service related facilities.
Town of Vail Page 3
Public transportation terminals.
Public unstructured parking.
Public utility and public service uses.
Religious institutions.
Seasonal structures or uses to accommodate educational, recreational or cultural
activities.
Ski lifts, tows and runs.
Water and sewage treatment plants.
12-9C-5: Development Standards:
A. Prescribed By Planning And Environmental Commission: In the general use district,
development standards in each of the following categories shall be as prescribed by the
planning and environmental commission.-
1.
ommission:
1. Lot area and site dimensions.
2. Setbacks.
3. Building height.
4. Density control.
5. Site coverage.
6. Landscaping and site development.
7. Parking and loading.
B. Reviewed By Planning And Environmental Commission: Development standards
shall be proposed by the applicant as a part of a conditional use permit application. Site
specific development standards shall then be determined by the planning and
environmental commission during the review of the conditional use request in
accordance with the provisions of chapter 16 of this title.
12-9C-6: ADDITIONAL DEVELOPMENT STANDARDS
Additional regulations pertaining to site development standards and the development of
land in the general use district are found in chapter 14 of this title.
Vail Comprehensive Plan:
Following are the Recommended Actions from the Vail 2020 Strategic Action Plan
relevant to this application:
PARKS AND RECREATION
• Goal #1: Evaluate current recreational programming, facilities and amenities and
ensure they meet the needs of all users on a year-round basis.
• Goal #3: Conduct necessary capital improvements of Vail's current recreational
facilities and amenities to meet high standard of quality for users.
ENVIRONMENTAL SUSTAINABILITY
Town of Vail Page 4
Goal #6: Education: Ensure the community is educated and aware of
environmental issues to encourage responsible environmental actions.
PUBLIC SAFETY
• Goal #1: Identify and address potential public safety threats that may jeopardize
the community's safety and security.
Ford Park Master Plan
Following are some of the Goals, Objectives, and Action Steps from the Ford Park
Master Plan relevant to this application:
Goal #I.-
Protect
1:Protect the natural environment along the Gore Creek corridor and ensure that any new
use or building within the Park does not adversely affect the character and quality of the
Park or the overall experience of park users.
Objective 1.1: Limit uses and future development to that which is consistent with these
goals, objectives and policies and is consistent with the Ford Park Sub -Areas and
Illustrative Plan.
Policy Statement 1: Maintain the variety of uses and facilities currently located
within the Park.
Policy Statement 2: Proposals for new (or changes to existing) facilities or uses
that would displace existing public uses will not be permitted unless there is a
compelling public interest or adequate alternative facilities can be provided.
Objective 1.2: Maintain all facilities and improvements in the Park at a high level of
quality.
Policy Statement 1: Any proposed development or change to Park facilities or
uses shall conform to the 2013 Ford Park Master Plan, including but not limited
to:
• Goals, Objectives and Policy Statements,
• Sub -Area Plans, and
• Illustrative Plan.
Policy Statement 2: Any new development or change to existing Park facilities
shall be reviewed for compliance with Section 12-11-6 Park Design Guidelines of
the Town of Vail Municipal Code, as well as other applicable Town regulations.
Town of Vail Page 5
Policy Statement 3: Any proposed development or change to Park facilities or
uses shall provide a needed environmental, recreational, educational, cultural or
social benefit to the community.
Policy Statement 4: Maintain and operate existing facilities, uses and functions
within the Park at a high standard of quality reflective of the Vail Brand.
Objective 1.3: Preserve and protect the environmentally sensitive areas along the Gore
Creek Corridor.
Policy Statement 1: Uses and improvements within the Gore Creek Corridor shall
be limited to only those prescribed uses in the Gore Creek Preservation Sub-
area.
Policy Statement 2: No new buildings should be permitted within the Gore Creek
Preservation Sub -area.
Policy Statement 3: Any new improvements within the Gore Creek Corridor shall
consider the 100 -year floodplain and minimize impacts to wetland or riparian
habitats.
Objective 1.4: Utilize Ford Park as a showcase for environmentally sensitivity and
sustainability.
Policy Statement 2: Sustainable design and environmentally "friendly" materials
and construction methods should be utilized on all new development within the
Park.
Policy Statement 3: Maintain, protect and enhance the environmental character
of natural open space areas.
Policy Statement 4: New improvements within the Park and the ongoing
management of the Park should be done using sound environmentally sensitive
practices.
Objective 1.5: Limit the number and scale of buildings and structures within the Park to
no more than necessary to meet the needs of park operations and to provide
appropriate services and facilities to park users.
Policy Statement 1: As an alternative to new buildings, encourage shared or
joint -use buildings and/or facilities among Park lease -holders.
Policy Statement 2: The design of new buildings or structures shall be integrated
with the land with a subtle, understated, low -profile in appearance so as to not
dominate the Park's landscape.
Town of Vail Page 6
Objective 2.3: Maintain, and enhance where appropriate, the role of the Park in
providing facilities for the enjoyment and exploration of the arts, music, dance,
education and other cultural pursuits.
Policy Statement 3: Support the educational programs provide at the Nature
Center and the programs provided by the Betty Ford Alpine Gardens.
Objective 2.5: Enhance and restore the Nature Centre building and the landscape
surrounding the building.
Policy Statement 1: Limit vehicular access to only those vehicles necessary for
the operation of the building and educational programs.
Policy Statement 2: Uses proximate to the Nature Center should be limited and
shall be consistent with the Gore Creek Preservation Sub -Area.
Policy Statement 3: Restore the architectural and historical character of the
Nature Center building.
Action Step 2.5.2: Complete an architectural inventory of the Nature Center
building to define steps that could be taken to restore the historic character of the
building.
Objective 4.3: Improve internal pedestrian circulation within Ford Park.
Policy Statement 1: New developments or other improvements in the Park shall
not diminish the quality of the pedestrian circulation system and when
appropriate shall include provisions to improve pedestrian circulation.
Policy Statement 2: Existing ADA routes should be enhanced and where feasible
new ADA access within the Park should be established.
Objective 5.3: Foster a spirit of cooperation between all leaseholders within the Park
regarding their use of the Park and how to collectively use and manage the Park for the
benefit of all.
Policy Statement 2: Decisions regarding proposals for new buildings or
improvements are to be made in the best interest of the Park and the Vail
community, not just in the interest of the leaseholder.
Gore Creek Preservation Sub -area
The Gore Creek Preservation Sub -area includes the entire length of the Gore Creek
Corridor that passes through the Park. The sub -area is more than 21 acres in size and
is generally defined by the park boundary on the south and the 100 -year flood plain, the
50 -foot Gore Creek setback and/or topographic features on the north. Gore Creek,
associated wetland and riparian habitat and stands of specimen trees are the primary
Town of Vail Page 7
features of the creek corridor. Existing improvements within this sub -area are limited to
bridges, trails, utility improvements and the Nature Center.
The Gore Creek corridor is the Park's most significant natural feature and provides the
Park with delightful open space for the quiet enjoyment of nature. The corridor also
provides a critical pedestrian link to Vail Village. The designation of this corridor as a
preservation zone is in direct response to several goals and objectives from
previous park planning efforts. The preservation of and enhancement to this area is
also suggested by Goal #1 of this Plan. It is essential that adjacent uses respect the
natural environment of this sub -area and that effective buffers be maintained between
other more intensive uses within the Park.
It is intended that existing uses and improvements within the Gore Creek Preservation
Sub -Area be maintained and in keeping with the goals of preserving this area no new
buildings are to be constructed within the sub -area. Any other new uses or
improvements should be limited to those that will complement the natural character of
the creek corridor and will minimize impacts to this sensitive environment.
Resolution No. 27 of 1987 designated the seven acres around the Nature Center as an
area "to be preserved as an example of the Gore Valley's natural history." The
resolution stipulated that "vehicular traffic is to be restricted and certain policies and
procedures for preservation and maintenance of the grounds and facilities" should be
enacted. It is acknowledged that the Nature Center will bring a certain level of activity
to this sub -area. Nature Center activity should be concentrated on the "upland" portions
of the Nature Center in order to minimize impacts to the creek corridor.
Improvements within the sub -area should be limited to low -impact improvements such
as soft surface walking paths, creek enhancements to improve fish habitat, fishing
access, re -vegetation and creek/stream bank restoration projects. In all cases, such
improvements should be designed and constructed in a manner that minimizes
environmental impacts (i.e. avoid wetland habitat and wetland, maintain existing natural
vegetation, and uses "best management practices", etc.). The underlying goal of any
new trail development and/or bridge crossing should be to improve access in order to
enhance awareness of this important natural environment.
Utility improvements should not be located within this sub -area unless no other practical
alternative is available.
The Gore Creek corridor between the main portion of Ford Park and Slifer Square
provides important pedestrian access to and from the Park and Vail Village (and the Vail
Village Parking Structure). This corridor is heavily traveled and provides access to the
Park for many park users. Enhancing the walking experience along the corridor will
ensure its effectiveness as an alternative means of accessing the Park.
Town of Vail Page 8
Fishing access to Gore Creek, while currently not an issue (i.e. excessive use from foot
traffic resulting in damage to riparian areas and vegetation), could become an issue in
the future. A creek access point was considered at the east end of the Nature Center
(using the bus turnaround on Vail Valley Drive as an unloading area) was discussed
during the 1997 Planning effort but was rejected as being contradictory to the intended
use of the Nature Center.
An Action Step suggested for this area (refer to Chapter 4 of this Plan) is to evaluate the
benefits of establishing a conservation easement for this area or to apply the "Open
Space" designation via the Natural Area Preservation Zone District. The protection
afforded by either of these steps would define more permanent limitations on the use of
this area and in doing so establish a degree of permanence in preserving this creek
corridor.
The existing condition of the Nature Center Building and the surrounding area has been
a point of discussion. Potential improvements to the Nature Center are further
discussed in Chapter 6 — Ford Park Illustrative Plan.
Future Improvements
Future improvements contemplated for this Sub -area include:
• Enhancement and restoration of vegetation along the creek corridor, creek bank
stabilization and fishing habitat enhancements.
• Enhancements to the walkway between Vail Village and the Park to include
improvements such as seating, art installations, etc.
• Design and installation of park entry features at the three pedestrian portals to
the Park along the Gore Creek Corridor.
• Initiate steps to improve the physical condition of the Nature Center.
Vail Town Council Action Plan 2015-2017
Our Mission: Grow a vibrant, diverse economy and community and preserve our natural
environment, providing our citizens and guests with exceptional services and an
abundance of premier recreational, cultural and educational opportunities.
Town of Vail Page 9
Experience Goals — Deliver on the promise, Vail. Like nothing on earth (TM) that
also supports 'preserving our earth," in everything we do.
Town Council Priorities
• Vail Nature Center Plan
Initiatives
• Serve as a resort leader in developing environmental programs that respect
and preserve our natural environment.
V. SITE ANALYSIS
Existing Zoning: General Use (GU)
Existing Land Use Designation: Park
Mapped Geological Hazards: None
Floodplain: Yes (Gore Creek)
Steep Slopes: Yes
Standard
Allowed /
Existing
Proposed
Required
Site Area
Determined by
1,655,286 sf
No change
PEC
38 acres
Site Coverage
Determined by
Unknown
+627 sq. ft.
PEC
Setbacks
Determined by
North (Front): +/- 410'
Front: +/- 400'
PEC
South (Rear): +/- 144'
Rear: +/- 128'
East (Side): +/- 945'
Side: +/- 850'
West (Side): +/- 1,295'
Side: +/- 1,300'
Gore Creek
Minimum 50' from
80' to Existing Nature
105' to Yurt
Setback
centerline
Center Building
Deck
Height
Determined by
Unknown
15' (from deck)
PEC
G FRA
N/A
N/A
N/A
Density
Determined by
None
No change
PEC
Landscaping
Determined by
Unknown
None
PEC
Parking
Determined by
198 spaces (Ford Park
No change
PEC
Lot, plus ADA parking
near Amphitheater)
Town of Vail Page 10
VI. SURROUNDING LAND USES AND ZONING
Existing Land Use Zoning District
North: 1-70 Right-of-way None
East: Park / Low Density Residential Outdoor Recreation; Two -Family
Primary/Secondary
South: Park / Medium Density Residential High Density Multiple Family
West: Village Master Plan High Density Multiple Family
VII. REVIEW CRITERIA
Before acting on a Conditional Use Permit application, the Planning and Environmental
Commission shall consider the following factors with respect to the proposed use:
1. Relationship and impact of the use on the development objectives of the Town.
The Community Development Department finds the use to be consistent with the
development objectives of the Town of Vail. Specifically, the proposed use addresses
several goals identified in the Vail Comprehensive Plan, Ford Park Master Plan, and the
2015-2017 Council Action Plan.
As stated in the Ford Park Master Plan, it is the goal and intention of the Town of Vail to
maintain all facilities and improvements in Ford Park at a high level of quality. It is also a
goal to restore the architectural and historical character of the Nature Center building.
To preserve the character of the building, additional testing and repairs are needed,
including structural and environmental. During this time, in order to maintain the
educational and recreation activities at the Nature Center, a temporary solution was
needed. The yurt has ensured that this important public use in the Park is not lost during
the investigation and repairs at the existing Nature Center building.
The Community Development Department finds this criterion to be met.
2. The effect of the use on light and air, distribution of population, transportation
facilities, utilities, schools, parks and recreation facilities, and other public
facilities needs.
The extension of the conditional use will have no negative impacts on light and air,
distribution of population, transportation, utilities, schools, parks and recreation facilities,
and other public facilities' needs. The yurt has had a positive impact on parks and
recreation facilities by allowing the public to enjoy and learn about the natural
environment while the Town repairs, or replaces, the existing Nature Center structure.
The Community Development Department finds this criterion to be met.
3. Effect upon traffic with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the street and parking areas.
Town of Vail Page 11
No additional parking was proposed with the installation of the yurt. The use has
substituted for the existing Nature Center during this time and thus resulted in no
increase in traffic or demand for parking.
The Community Development Department finds this criterion to be met.
4. Effect upon the character of the area in which the proposed use is to be
located, including the scale and bulk of the proposed use in relation to
surrounding uses.
The extension of this Conditional Use Permit will have no significant impact on the
character of the surrounding area. While the yurt is different in character from the
existing Nature Center building, the yurt is relatively small and unobtrusive and is
located well below Vail Valley Drive. The yurt has been facilitating the necessary
investigation and repairs to, or possible replacement of, the existing Nature Center
building and has allowed for the nature programs to continue during repairs.
The Community Development Department finds this criterion to be met.
5. Such other factors and criteria as the commission deems applicable to the
proposed use.
6. The environmental impact report concerning the proposed use, if an
environmental impact report is required by Chapter 12 of this title.
An environmental impact report is not required by Chapter 12.
VIII. RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission approves, with a condition the Conditional Use Permit for
a yurt and portable toilets within the Vail Nature Center, PEC21-0039. This
recommendation is based upon the review of the criteria outlined in Section VII of this
memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to approve this Conditional
Use Permit request, the Community Development Department recommends the
Commission passes the following motion:
"The Planning and Environmental Commission approves, with a condition, this
request for a Conditional Use Permit pursuant to Section 12-9C-3, Conditional
Uses; Public buildings and grounds, Vail Town Code, to allow the continued use
of the yurt at the Vail Nature Center for a period of three (3) years, located at 841
Vail Valley Drive/Unplatted (Ford Park Nature Center) and setting forth details in
regard thereto. (PEC21-0039)"
Town of Vail Page 12
Condition.-
1.
ondition:
1. Upon the completion of the use of the yurt, or three (3) years from date of this
approval, whichever happens earlier, the Applicant shall remove the yurt and
foundation and shall revegetate all disturbed soils with native vegetation.
Should the Planning and Environmental Commission choose to approve this Conditional
Use Permit request, the Community Development Department recommends the
Commission makes the following findings:
"Based upon the review of the criteria outlined in Section Vll of the Staff
memorandum to the Planning and Environmental Commission dated September
27, 2021, and the evidence and testimony presented, the Planning and
Environmental Commission finds.-
1.
inds:
1. The proposed Conditional Use Permit is in accordance with the purposes of
the General Use.
2. The proposed location of the use and the conditions under which it will be
operated or maintained are not detrimental to the public health, safety, or welfare
or materially injurious to properties or improvements in the vicinity.
3. The proposed Conditional Use Permit complies with each of the applicable
provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code."
IX. ATTACHMENTS
A. Vicinity Map
B. Applicant Narrative, September 27, 2021
C. Yurt Plans
D. Site Photos
Town of Vail Page 13
a
TOWN OF
Memorandum
To: Planning and Environmental Commission
From: Departments of Environmental Sustainability and Public Works
Date: September 27, 2021
Subject: Narrative — Extension of the Conditional Use Permit for Proposed Temporary Structure
at the Vail Nature Center
The Vail Nature Center (VNC) is a 7 -acre section of Ford Park along the south side of Gore
Creek across from the Ford Amphitheater and east parking lot. In 2015 the Town of Vail, Vail
Recreation District and Walking Mountains Science Center completed the Vail Nature Center
Interpretive Master Plan. This Master Plan is an internal planning document not requiring Town
Council or PEC approval. The document outlined a series of enhancements and improvements
to the programs, exhibits and facilities of the VNC. In September 2017, to further the
recommended improvements to the facilities of the VNC, the Town of Vail hired Hopkins
Architecture to perform an analysis of the VNC building, a nearly 80 year old farmhouse
structure, and site; evaluate current planning documents related to Ford Park and the VNC
(primarily and 2013 Ford Park Master Plan); and research how the users, local and guests, and
staff currently feel about the VNC and how they envision it in the future.
This work, the Vail Nature Center Study, was presented to the Vail Town Council and Vail
Recreation District Board on March 20, 2018 and identified that the community and guests hold
the VNC in high regard and appreciate the programs, activities and exhibits presented.
However, most felt the facility would benefit from the upgrades identified in the VNC Interpretive
Master Plan and/or even more extensive improvements. The analysis of the structure identified
serious concerns regarding the structural characteristics of the building and other problems
including rodent and insect infestations. These issues have required additional extensive
planning, engineering and design to develop a plan for the future of the VNC. Given the
seriousness of the issues identified, it was in the best interest of the VNC program, users and
staff that the building not be utilized until necessary improvements or replacement can be
completed. The 2013 Ford Park Master Plan did not anticipate or consider possible
modifications to the VNC facilities or programs. The language concerning the VNC and the Gore
Creek Preservation sub -area, which includes the VNC, supports and recommends retaining and
upgrading the VNC but also recommends against new buildings in this sub -area.
The Walking Mountains Science Center (WMSC) currently operates the VNC from mid-May
through October each year. The application for a Conditional Use Permit was approved n 2018
to install a temporary auxiliary structure in Ford Park at the VNC has allowed the WMSC to
continue the VNC programs until permanent improvements can be completed. The auxiliary
structures includes a 27 foot diameter Yurt on a wooden deck and a wooden screen to house 2
accessible portable toilets and hand wash stations. This CUP allowed the temporary structures
to remain on site for up to a 3 -year period. However, due to the impacts of COVID-19 on the
planning and budget process, the design approvals, construction period, community stakeholder
engagement as well as the need to fully revisit the Ford Park Master Plan, the extension of the
CUP would allow for an additional 3 -year period, with the expectation that a full 3 year time
frame is not anticipated. The location of the auxiliary structures is identified on the attached site
plan. The temporary auxiliary structures is consistent with the 2013 Ford Park Master Plan in
that it supports the continuation of the VNC program while the future improvements will be a
direct renovation or replacement of the existing building and not constitute a new building within
the Ford Park Gore Creek Preservation Sub -Area.
Town of Vail Page 2
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City of Vail, Colorado
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: September 27, 2021
ITEM/TOPIC:
A request for the review of a Variance from Section 12-21-12, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code,
to allow for a variance from the maximum percent of lot covered by driveways and surface parking, in accordance with the provision
of Section 12-17, Variances, Vail Town Code, located at 816/826 Forest Road / Lots 14/15, Block 1, Vail Village Filing No. 6 and
setting forth details in regard thereto. (PEC21-0045)
The applicant has requested this item be tabled to a future date where it will be heard concurrently with a Minor Subdivision and
Rezoning application.
City of Vail, Colorado
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE:
ITEM/TOPIC: September 13, 2021 PEC Results
ATTACHMENTS:
File Name Description
Pec results 091321.pdf September 13, 2021 PEC Results
PLANNING AND ENVIRONMENTAL
COMMISSION
September 13, 2021, 1:00 PM
Town Council Chambers
75 S. Frontage Road -Vail, Colorado, 81657
Call to Order
1. 1. Register in advance for this webinar:
https://us02web.zoom.us/webinar/register/WN tXLOeRs9QKieoSkwg888Jw
1.2. Attendance
Present: Brian Gillette, Rollie Kjesbo, Ludwig Kurz, Karen Perez, Reid
Phillips, Henry Pratt, Pete Seibert
Absent: None
Main Agenda
2.1. A request for recommendation to the Vail Town Council, pursuant to Section 60 min.
12-3-7, Amendment, Vail Town Code, for the adoption of the West Vail
Master Plan, and setting forth details in regard thereto. (PEC21-0036)
Applicant: Town of Vail, represented by SE Group
Planner: Matt Gennett
Matt Gennett goes over the history of the application in front of the PEC and
the previous meetings that it was on the agenda.
Gabby Voeller of SE Group takes over the presentation and introduces the
applicant team and the order of the presentation. Janie Vostic goes over the
question of the sun access to the study area and the analysis that was tied
to the recommendation. Presented is the climate analysis for the Town of
Vail, which included temperatures, wind direction, sun direction with
relevance to topography and the summer and winter solstice.
The buildings along Chamonix were studied to see what the maximum height
along the frontage road could be without blocking the view from Chamonix
Slides are then shown of the sun access with relation to the buildings in the
different scenarios at different times of the years.
Phillips asks about the 42 ft height for building clearance.
Voeller explains that 42 ft at the frontage road would not block the view from
Chamonix Voeller explains that the solar exposure could be included in the
criteria for development of the area if there is still concern about buildings
creating too much shading.
Ellie Wachtel of SE Group begins an explanation of the housing portion of
the study. Unit count vs current zoning shows where the existing units and
zoning mismatch. A few changes have been proposed since the West Vail
Multiple -Family zoning district was presented last meeting. One would be
that any units above the 9 units/acre would have to be deed restricted and
those that did develop under this zoning would not be allowed short-term
rentals.
A massing study of the study areas is shown with different development
scenarios ranging from what is allowed under current zoning up to 18
units/acre.
Gillette asks about why Geneva was not included.
Wachtel says it was to maintain that area that allows low density for a mix of
allowable densities in the area.
Gillette asks why we aren't doing more to keep affordable units in West Vail
That once the density is increased it will be developed for profit. Right now,
we are recommending something that will do that. We need to find a way to
make that happen.
Wachtel says that it could happen and would need to be done hand in hand
Voeller points out that at over 9 units/acre they would have to be deed
restricted. If redevelopment would happen then Vail Indeed would come in
and buy some of those deed restrictions up to the 9/units per acre.
Gillette points out that the 4-plexes have never redeveloped to duplexes and
allowing them to go up to 9 units will give them the opportunity to develop for
profit.
Kjesbo agrees with Gillette and that EHUs are seen as a detriment to owners
and they never do them. There needs to be some sort of residential linkage.
Voeller added that they could add the recommendation to include more deed
restrictions.
Gillette agrees that we need to have deed restrictions in the rest of the
developments.
Bergey disagrees and says that he would keep his stuff right now and not
develop with EHUs. That the zoning is great right now, so you develop a few
for profit and a few for locals.
Kjesbo thinks that a certain percentage need to be deed restricted. They are
worth less to the bank, but they serve a purpose and need to be included.
Brian Duffany weighs in on what the appropriate way is to get some EHUs
included in redevelopment. Some incentives need to be given to encourage
redevelopment but perhaps half of that would need to be deed restricted.
Gillette reminds him that it is up to 9 with no deed restriction, not half
Phillips adds that we need to agree that the current zoning is not working for
housing right now as they can't do anything. But half may not work for
developers either. There needs to be a balance in the proposal that
encourages redevelopment while serving the public purpose.
Gillette says that we need to do some case studies on lots to see what is
existing versus what could be developed under the proposed density.
Wachtel goes over the studies shown earlier on the massing
Perez asks if it was discussed to grandfather in buildings that have more
units than allowed?
Duffany agrees that there was an idea along with this question. The only real
mechanism is to deed restrict. Otherwise, there could be units that are
destroyed that were rented to locals that then become large units that are not
rented to locals.
Perez asks about achieving that with a percentage that are deed restricted
Jonathan Spence adds in about the existing non -conforming section of Town
Code that would allow the same number of units if destroyed by "act of god".
Jack Bergey chimes in with his lot size. Back and forth between Bergey
and Gillette over the ability of redevelopment.
Pratt adds that we need to come up with a solution in the zoning that is not
spot zoning and works for everyone instead of one-off solutions.
Gillette goes over the maps and proposed units that would be allowed. We
need to look at the deed restrictions on all these lots. The boundaries of the
proposed zoning also need to be changed or restudied.
Wachtel points that this is geared more towards the larger lots that have not
redeveloped.
Gillette asks Spence about his opinion on grandfathering in units.
Spence lays out that we need to look at this in a post masterplan scenario.
This should be an overarching study with the exact ways to do this decided
later.
Perez echoes Gillette's and Spence's comments that something needs to be
happening at some point to reach all these goals and these aims need to be
included in the masterplan.
Voeller goes over some ideas of required deed restrictions, a dedicated Vail
Indeed amount for these units, and grandfathering in some unit counts.
Gillette thinks that these need to be included in the plan and not this current
zoning. Having a smaller unit does not make it affordable. If we are
redeveloping at any level it needs to be deed restricted.
Seibert adds that using Vail Indeed to compensate developer for any EHUs
built could be an option by paying it to the builder or developer. It needs to
be built on site and not just a fee -in -lieu.
Bergey adds that he agrees with Gillette and that any EHUs present today
need to be preserved.
Gillette asks about inclusionary zoning fees and Spence confirms with some
explanation on the different programs and ways to get there. Gillette has
some back and forth on the discussion of the type, size, and use of extra
units with Wachtel.
Voeller asks for clarity on the recommendation from the PEC if it is to add a
certain amount of EHUs into redevelopment or some minimum requirement
for EHUs.
Gillette agrees. Phillips adds his points that he would like to see that done
without being too burdensome so that it is never done.
Gillette would like to see Geneva go to the new district as well and not left
out. Duffany asks if it would be better to leave this less specific with density
and just put in the principles of what they need to redevelop to.
Gillette agrees that it would be. We need to do more work on these numbers.
Some discussion happens between Phillips and Gillette on density,
redevelopment, and parking.
Pratt adds that we are mixing EHUs and affordability, which is not the same
thing. Nothing in this plan talks about affordability.
Duffany adds that affordability generally comes from age, not from a
restriction.
Voeller adds that we could include this area in inclusionary zoning. Spence
agrees, but adds that we need to take a bigger look and focus on the goals
instead of trying to fix it all right now.
Gillette reaffirms that this needs to change to allow for that to happen while
not being too prescriptive.
Christian with Fer and Peers transportation planning. He gives an overview
of their portion of the plan and what they were looking at. He goes over the
goals that they identified in the plan, major concepts, key community
feedback, access and circulation, crossing enhancements, how to increase
transit ridership, and transportation programs and policies.
Pratt adds that there are already a lot of signs that come along with
roundabouts and other traffic improvements. We need to keep the signs to a
minimum when it comes to new road designs. Pratt adds that he would like to
have the fire department's comments addressed. He would also like to know
what commercial center that is not in this area that is supporting this
commercial area. More cars are going to come with this development and
going from two to one will not be beneficial with this. This would be a good
area for a transportation hub but there needs to be parking for those cars.
Christian adds that the concepts in the masterplan are a jumping off point to
start the discussion with those emergency response providers. Bike and
walking lanes serve as auxiliary lanes for emergency vehicles when not
used. As the commercial center develops with new traffic the studies will be
done to decide what road improvements are needed on the frontage area.
Gillette asks how staff wants to handle the internal memo from the fire
department.
Gennett spoke with Chief Novak after receiving the memo and explained we
are at a visionary portion and not a design level. We will keep those
comments moving forward and get to them when design is being initiated.
Gillette goes over his story of living on the bus route and his utilization of it.
How do we capture users who currently aren't using them? Are there other
mobility options outside of the bus that could be initiated?
Christian says one option we evaluated was microtransit zones. This would
be a smaller vehicle in a zone that could be utilized for a ride within that
area. We investigated that and the topography, density, and short
connections makes that service model challenging.
Kurz asks about the process of the plan and adoption. The recommendation
of the plan is not the end of our involvement.
Gennett responds that staff would like to keep the plan in one piece as it
moves forward. As these recommendations move forward the PEC will be
involved as part of the adoption of rezoning, policies, and other relevant
approvals.
Gillette asks for a draft of the conditions based on the recommendations
discussed today. Kurz agrees. Pratt adds that we would want ideas brought
so we can get a consensus.
Voeller asks for some clarifications on what commissioners would like to see
at the next meeting regarding a recommendation.
Public Comment is opened.
John Rediker has concerns about the traffic improvements proposed to the
Conoco station on the frontage road. The proposal is to close the access to
that station. On page 22 the plan has language that speed bumps are not
feasible due to emergency vehicles and maintenance equipment. He would
like that to be changed to say more study is necessary. On scenarios 2 and
3, there is a pros and cons sheet on page 48 and 49. Going from two
competing grocery stores to one big box could have impacts on the
consumer.
Public Comment is closed
Voeller responds to the gas station comments. Those concerns were brought
up by the owner of the station. Phillips and Gennett concurred.
(Kjesbo had left the meeting prior to the vote.)
Brian Gillette moved to recommend approval to Town Council. Henry Pratt
seconded the motion and it passed (6-0).
Absent: (1) Kjesbo
2.2. A request for review of an Exemption Plat, pursuant to Title 13, Chapter 12, 20 min.
Exemption Plat Review Procedures, Vail Town Code, to vacate a building
envelope and a sanitary sewer easement, located at 129 North Frontage
Road West/Lot 3 Middle Creek Subdivision, A Resubdivision of Lot 1, and
setting forth details in regard thereto. (PEC21-0042)
Applicant: Town of Vail
Planner: Greg Roy
Planner Roy introduced the project and provided a short presentation.
Roy discussed the purpose and background of the building restriction line
and the utility easements affected by the proposed plat.
Henry Pratt moved to approve. Brian Gillette seconded the motion and it
passed (6-0).
Absent: (1) Kjesbo
2.3. A request for the review of a variance from Section 12-6D-6, Setbacks, Vail 2 min.
Town Code in accordance with the provisions of Section 12-17, Variances,
Vail Town Code, to allow a balcony roof and associated support to encroach
into the required setback, located at 2705 Davos Trail, Lot 14, Block B, Vail
Ridge Subdivision, and setting forth details in regard thereto. (PEC21-
0041)
The applicant has requested this item be tabled to September 27, 2021.
Applicant: Robbie Ba)der & Gibson Watson, represented by VMDA
Architects
Planner: Jonathan Spence
Karen Perez moved to table to September 27, 2021. Brian Gillette seconded
the motion and it passed (6-0).
Absent: (1) Kjesbo
3. Approval of Minutes
3.1. August 23, 2021 PEC Results
Brian Gillette moved to approve. Reid Phillips seconded the motion and it
passed (5-0).
Abstain: (1) Seibert
Absent: (1) Kjesbo
4. Adjournment
Karen Perez moved to adjourn. Brian Gillette seconded the motion and it
passed (6-0).
Absent: (1) Kjesbo
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. Please
call 711 for sign language interpretation 48 hour prior to meeting time.
Community Development Department
City of Vail, Colorado
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: September 27, 2021
ITEM/TOPIC: Update on Wildlife Fencing in the 1-70 Corridor
ATTACHMENTS:
File Name Description
Sheep.pdf Staff Memorandum
CDOT Overview of Wildlife fence and connectivity projects near Vail.pdf Attachment: Overview of CDOT Wildlife fence and connectivity projects
near and in the Town of Vail, September 22, 2021
TOWN OF VAIL
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: September 27, 2021
SUBJECT: Wildlife Fencing in East Vail
On September 13, 2021 the Planning and Environmental Commission requested an update
regarding the temporary wildlife fencing in East Vail running from Katsos Road on the west to
the East Vail interchange.
Beginning in the 1990s, the Colorado Department of Transportation (CDOT) has worked
incrementally to reduce wildlife and vehicle interactions through the installation of wildlife
fencing along the 1-70 corridor. By 2017, installation had been completed on 33 miles of
fencing between Gypsum and Avon with an additional 19 miles completed over the last four
years between Dotsero/Gypsum and Avon/Dowd Junction.
Beginning in 2019, the Town of Vail, in concert with CDOT and Colorado Parks and Wildlife
(CPW), looked at a number of temporary fixes to discourage the bighorn sheep in East Vail
from venturing to the Frontage Road and 1-70 on ramps for in search of the salty magnesium
chloride used as a deicer. Ideas included the placement of salt licks on the hillside, the use of
sound cannons and using mylar and bamboo poles to distract the animals. In 2020 the TOV
installed 3,000 linear feet of 8' foot high temporary fencing as shown on the graphic below:
�c
Install -3,600' of ' tall, temporary era IM11 ACfencin
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Ilne of the westbound I Frontage Road I lane}
This temporary fencing will be replaced in 2022 as a component of CDOT's Wildlife Fence
Connectivity project. Additional areas both with the Town and Vail and in the immediate
vicinity are either slated for fence installation or are in the study and design phase. These
areas include:
Dowd Interchange through West Vail (MM 171-173): 2022 construction with
the majority of work on south side of the interstate including installation of new
wildlife fence and a re -alignment to eliminate the Gore Creek crossing.
West Vail to East Vail (MM 173-179): Design will start in 2022 for wildlife
fencing on both the north and the south sides of the interstate. No construction
funds defined at this time.
Midway up Vail Pass to Vail Pass summit (MM 185-190): Design underway for
wildlife fencing and 6 wildlife crossings as part of the larger Vail Pass Auxiliary
Lanes project. This will include 2 large wildlife crossings and 4 smaller crossings.
Construction is anticipated to be completed by 2024.
Please see and an overview provided by CDOT included as an attachment to the memo.
Attachment: Overview of CDOT Wildlife fence and connectivity projects near and in the Town
of Vail, September 22, 2021
Town of Vail Page 2
® COLORADO
Department of Transportation
Region 3 Eagle Residency
Overview of CDOT Wildlife fence and connectivity proiects near and in the Town of Vail
September 22, 2021
Overview of Upcoming Wildlife fence and Wildlife connectivity Projects:
Dowd Interchange through West Vail (MM 171-173): 2022 construction with majority of work
on south side of the interstate including installation of new wildlife fence in a re -alignment to
eliminate the Gore Creek crossing.
Vail Mountain School through East Vail (MM 179-181): 2022 construction on both the north
and south sides of interstate.
West Vail to East Vail (MM 173-179): Design will start in 2022 for wildlife fencing on both the
north and south sides of the interstate. No construction funds defined at this time.
Midway up Vail Pass to Vail Pass summit (MM 185-190): Design underway for wildlife fencing
and 6 wildlife crossings as part of the larger Vail Pass Auxiliary Lanes project. This will include 2
large wildlife crossings and 4 smaller crossings. Construction anticipated to be completed by
2024.
More detail on the Vail Mountain School through East Vail section (MM 179-181):
PROJECT BACKGROUND
1-70 in the mountain corridor has seen traffic volume increases due to statewide population growth, as
well as increasing popularity in activities that bring visitors to the mountains. This interstate provides
east -west transit between 1-15 in Utah and Baltimore, MD, and provides access to several communities
in the mountain corridor including Vail, CO. This addition of vehicles, which includes more than 10%
large commercial vehicles, increases the likelihood of wildlife interaction.
PROJECT GOALS
In an effort to reduce wildlife — vehicle collisions, the Colorado Department of Transportation has
initiated this project to install wildlife fence through the Vail area including some places where fence
does not currently exist. In 2022 CDOT will install fence on both sides of I-70 between approximately
MM179 to MM181. The design will also include multiple game ramps to allow any animals that are able
to access the highway to escape the fenced in area.
CONSTRUCTION PLAN
Planned for construction between Spring 2022 — Fall 2022.
Ad #: 0000723448-01
Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM
Your account number is: 1023233
PROOF OF PUBLICATION
VAIL DAILY
STATE OF COLORADO
COUNTY OF EAGLE
I, Mark Wurzer, do solemnly swear that I am Publisher of
the 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 insertion; and
that the first publication of said notice was in the issue of
said newspaper dated 9/24/2021 and that the last
publication of said notice was dated 9/24/2021 in the issue
of said newspaper.
In witness whereof, I have here unto set my hand this day,
10/9/2021.
Mark Wurzer. Publisher
Subscribed and sworn to before me, a notary public in and
for the County of Eagle, State of Colorado this day
10/9/2021.
Jeri Medina, Notary Public
My Commission Expires: August 19, 2024
1--eaJEW MEDINA
—a-
—l—
OTARYRUp
STATE OF COLOR4D0
PLANNING AND ENVIRONMENTAL
COMMISSION
September 27, 2021, 1:00 PM Town Council Chambers
75 S. Frontage Road - Vail, Colorado, 61657
1. call to Order
1.1. Register In advance for his webinar:
Was Au.ttendance an ,/webinar/register/WN_OJybkNzgQ2,MGMY.H6FEOg
1
2. Main Agenda
2.1- Balconies Stepa,'Bay WlndowsaEtcthe review r� Vail Town Code nlad—d ncecwith he proCr,IPvisonls of Decks,
Section 12-17, Variances, Vail Town Code, to allow a balcony ,of and associated support to
ach Into 11, required setback, Itcaled or 2]95 Davos Trail, Lot 14, Block B, Vail Ridge
Subdivision, and seting forth details In regard thereto. (PEC21-0041) 20 min.
Applicant Robbie Baxter&Gibson Watson, representetl by VM DA Arch6ecis
Planner: Jonathan Spence
2.2. A reques[for recommendation to the Vail Town Council, pursuamlc S,Wiitn 12-3-],
Amendment, Vail Town Code, for the adoption of the West Vail Master Plan, antl setting forth
details In regartl hereto. (PEC2Jr. 90 min.
Applicant Town of Vail, represented y5E Group
Planner: Matt Gennep
2.3. Arequest for a recommendation to the Vail Town Council for a Prescribed Regulation
Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section
12-14 "Solbaak From Watercourse and add a new, Section 1121-17 Riparian Protection
and Walerbody Setback Regulations, Vail Town Cade, io change the ww,rb,dy setbacks,
d setting forth details In regard thereto. (PEC21-0043) 60 min.
Applicant: Town of Vail, represented by Pel, Wadden
Planner: Greg Royy
2.4. A request for the r xtesion
review of ento a CoriUse Permtl , pu ua i to Section
12-9C 3, Conditional Uses; Public buildings and grounds, Vail Town Code, to allow the
continued use of the yurt an the Vail Nature Center for a period of brae (3) years, located
M 841 Vail Valley DrivnUnplatted (Ford Park Nature Center) and setting forth details in
regard thereto . YPEC21-0039) 20 min.
Applicant Town of Vail, represented by Kristen Beduglia
Planner: Jonathan Spence
2.5. A request for there M a Variance from Section 12-21-12, Restrictions in SpectllC ZOne9
on Excessive.Slopas,
Veil Town Code, to allow for a variance from the maximum percent of
lot covered by driveways and surface parking, in accordant, with Ih, provision of Section
12-17, Variances, Vail Town Cotle, located at 616/826 Forest Road / Lots 14/15, Block 1, Vail
Village Filing No. 6 and aching forth details in regard thereto. (PEC21-0045) 2 min.
The applicant has requested this item be tabled.
Applicant Mexamer Forest Road LLC, represented by KH Webb Architects
Planner: Jonathan Spence
3. Approval of Minutes
3.1. September 13, 2021 PEC Results
4. Intermaticnal Uptlate
4.1. Update on Wildlife Fencing in the 1-70 Corridor 10 min.
Applicant
Planner: Pete Wadden
5. Adjournment
The apppolications and information nZO.thepopo als nre available for p otic Inspection during gg lar
office h cations
the Town of Vail Community Development Depadment 75 South Frontage. Rgal he
public is invited to attend the project orientation and the site visile Iia[ precede the public hearing In the
Town 0 Vail Community Development Depadment Times and ober of items are approximate, subject
to changW, and cannot be celled upon o determine at what time the Planning 'an -at- Environmental Com-
nsider an item. Please call (970) 479-2138 for additional Idannehon. Please call 711 for
sign longue 'nt ryrelation 48 hour prior to meeting time.
CommunityevelopmeM Depadment Published'i the Vail Deily September 241 2021
PUBLISHED IN THE VAIL DAILY ON FRIDAY, SEPTEMBER 24, 2021.
Ad #: 0000720314-01
Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM
Your account number is: 1023233
PROOF OF PUBLICATION
VAIL DAILY
STATE OF COLORADO
COUNTY OF EAGLE
I, Mark Wurzer, do solemnly swear that I am Publisher of
the 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 insertion; and
that the first publication of said notice was in the issue of
said newspaper dated 9/10/2021 and that the last
publication of said notice was dated 9/10/2021 in the issue
of said newspaper.
In witness whereof, I have here unto set my hand this day,
10/9/2021.
Mark Wurzer. Publisher
Subscribed and sworn to before me, a notary public in and
for the County of Eagle, State of Colorado this day
10/9/2021.
Jeri Medina, Notary Public
My Commission Expires: August 19, 2024
'eat MEg—
NOTARY PDELIC
STATE , pO--se
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN thatthe Planning and Environmental Commisslon of the Town of Vail will
hold a public hearing In accortlance wish section 12-9-6, Vail Town Code, on September 2], 8021 at 1:00
pm in the Town o1 Vail Municipal Building.
Register in advance for this webinsr:
Mips://usD2web.zoon.uslwebinar/regisierANN_ OJy1,1,11za02eMGwy IA6FEOu
A request fa, remmmendab, to the Vail Town Council for a P—ibd Regulation Amendment pursuant
10 Section 12-3-] Amendment, Vail Town Code to amend Section 12-14-17 Setback tom
T atercourse
Code, and
add
a new Section 12-21-1 ] Ripamm Protection and Waterbody Setback Regulations,V.11
change the walerbody setbacks, and setting lorth details m regand thereto. (PEC21-OD43)
Applicant: Town of Vail, represented by Peter Wadden
Planner: Greg Any
A request far the review of a Variancefrom Section 12-21-12, R,Walions in Specific Zones on Excessive
Slopes, Vail Town Code, to allow for a variance from the maximum percent of lot coverd by driveways
and surface perking. In armance with the provislon of Section 12-17, Variances, Vail Town Coc1e, locat-
ed at 81 6/626 Forest Road / Lots 1M15, Block 1, VTI Village Filing No.6 and setting fodh details in regard
there..(PEC21-0046)
Appllcan : Me*amer Forest Rod LLC, represent by KH Webb Architects
Planner: Jonathan Spence
A request for the review of an extension to a Conditional Use Permit, pursuant to Section 12-9C-3, Condi-
tionsVail Na ure Centar fors; Public lla building,
of three (3) years�locat d at 841ounds, Vail T—n Code, to IVeiIthe -mnued use of Valley Drive/Unplaflde(Ford Pum at ark
Nature Center) and setting forth details In regard thereto. (PEC21-0039)
Applicant: Town of Vail, represented by Kristen Beriuglia
Planner: Jonathan Spence
The appliconans and information ab,m1he proposals are avTlable for public inspection duringg oHce hours
at tine Town of VTI Commpnily Development DeparVnewm, ]5 South Frorrtage Road. The publi invited
to attend site visits. Pleaee call 9]0-4]9-2138 or visR_..wvalgov.�/planning. for dditionalsinformation.
Sign language interpretation available upon ran ue twifi 24-hour notiticapon, dial 711.
Published September 10, 2021 in the Vail Daily. ODOOM0314