HomeMy WebLinkAboutPEC110013 Community Garden CUPs 021411 FINALMEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: February 14, 2011
SUBJECT: A request for the review of a conditional use permit, pursuant to Section 12-8B-3, Conditional Uses, Vail Town Code, to allow for public parks and active public outdoor recreation
areas and uses, excluding buildings and accessory buildings (permanent and temporary) and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses,
and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses, to facilitate a community garden located
at 2490 South Frontage Road/ Unplatted, and setting forth details in regard thereto. (PEC110013)
Applicant: Town of Vail
Planner: Rachel Dimond / Kristen Bertuglia
I. SUMMARY
The applicant, the Town of Vail, is requesting a determination on two conditional use permits for public parks and active public outdoor recreation areas and uses, excluding buildings
and accessory buildings (permanent and temporary) and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation
thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses, to facilitate a community garden located at 2490 South Frontage Road.
Staff recommends the Planning and Environmental Commission approves, with conditions, the conditional use permits. Attached are the following for reference and review: a vicinity map
(Attachment A), site plan (Attachment B), phasing plan (Attachment C), the draft management documents for the Community Garden Committee (Attachment D), and letters of support (Attachment
E).
II. DESCRIPTION OF REQUEST
The Town of Vail is requesting two conditional use permits to facilitate the West Vail Community Garden on the portion of Stephen’s Park west of the Kinnikinnick Road bridge.
The first conditional use permit is required for the community garden, which falls under the land use of “public parks and active public outdoor recreation areas and uses, excluding
buildings and accessory buildings (permanent and temporary).”
The second conditional use permit is required for the storage shed, which is considered “uses customarily incidental and accessory to permitted or conditional outdoor recreational uses,
and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses.”
The request for the West Vail Community Garden includes the following components:
Three circular garden areas, each containing eight plots of approximately 70 square feet for growing plants, with a water spigot in the center of each area
Three additional triangular future garden areas
Fruit bearing trees and shrubs along the perimeter of the garden
5 parking spaces with an improved surface of crushed asphalt millings
Gathering space for up to five picnic tables and benches
Compost bins with wildlife proof latches
Storage Shed, approximately 100 square feet and 10 feet tall, to store garden equipment
Management by the West Vail Community Garden Committee, a group of citizens who have been pursuing this project with the Town of Vail
The management of the community garden and requirements of members is summarized as follows, and detailed in the West Vail Community Garden Committee’s draft management documents (see
Attachment C):
Priority is given to members who work or live in Vail
Garden beds are for personal use only
Plots will be allocated in full and half plot sizes
Operations will occur daily from 7am-7pm from May through October
Abandoned plots will be reassigned and/or reclaimed by the garden committee
Members will be required to remove weeds and trash from the site
Only organic fertilizers, insecticides and weed repellents are permitted.
Members are responsible for controlling any pets on site.
Should the CUPs be permitted, the West Vail Community Garden Committee has the following timeline for next steps:
February 2011 - May 2011: Complete bylaws and membership guidelines, hold meetings to share information and network, tour local gardens, meet
with local gardeners, and provide educational opportunities.
May 1, 2011 - Deadline for all 2011 member applications
Mid/Late May 2011 - Work day to build plots and set up the site (weather dependent)
October 31, 2011 - All plots must be cleaned up and winterized
III. BACKGROUND
On May 8, 2000, the Town of Vail made a similar request to the PEC for a community garden in the same subject location. The PEC voiced concern that the site could be used for other
land uses, including a cemetery or basketball court. Commissioners also voiced concern about the use of non-organic chemicals on-site. The item was tabled and never returned to the
PEC for review.
Town Staff published a request for interested parties in the Vail Daily and received over 30 responses from citizens who support the project. Of this group, the West Vail Community
Garden Committee (Committee) was formed and now includes
approximately 10 members.
The Committee is confident that there is vested interest and adequate physical (land, water, soil, sun, etc.) and human (experienced gardeners, group organizers, non-profit developers)
resources for the project that will result in a successful garden fulfilling the Committee’s goals and mission. The Town’s environmental sustainability coordinator will assist with facilitating
the process, education, and logistics surrounding the garden.
The Committee adopted the following goals and mission:
Development of a sense of place and community with other year-round residents
Cultivation of a local, healthy food source
Potential for community education and school partnerships
On November 22, 2010, the Committee requested permission to proceed through the development review process from the Vail Town Council. The Vail Town Council unanimously approved permission
to proceed and granted in kind services such as labor, water service hookup, and driveway construction.
IV. APPLICABLE DOCUMENTS
Title 12, Zoning Regulations, Vail Town Code
Chapter 12-1: Title, Purpose, Applicability (in part)
12-1-2: Purpose:
A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development
of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality.
B. Specific: These regulations are intended to achieve the following more specific purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets.
4. To promote adequate and appropriately located off street parking and loading facilities.
5. To conserve and maintain established community qualities and economic values.
6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with structures.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features.
10.To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
Chapter 12-2-2: Definitions of Words and Terms (in part)
OUTDOOR RECREATION AREAS, ACTIVE: Outdoor recreational activities which involve organized or structured recreation that is associated with recreational facilities, excluding buildings.
For example, active outdoor recreation would include, but not be limited to: athletic fields, playgrounds, outdoor basketball and tennis courts, outdoor swimming pools, sledding and
skiing areas, fitness trails with exercise stations, etc.
ARTICLE 12-8B. OUTDOOR RECREATION (OR) DISTRICT (in part)
12-8B-1: PURPOSE: The outdoor recreation district is intended to preserve undeveloped or open space lands from intensive development while permitting outdoor recreational activities
that provide opportunities for active and passive recreation areas, facilities and uses.
12-8B-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this
title:
Accessory buildings (permanent and temporary) and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation thereof,
including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses.
Cemeteries.
Communications antennas and appurtenant equipment.
Equestrian trails, used only to access national forest system lands.
Public parks and active public outdoor recreation areas and uses, excluding buildings.
Public utility and public service uses.
Seasonal use or structure.
Ski lifts, tows and runs.
Well water treatment facilities.
12-8B-5: LOT AREA AND SITE DIMENSIONS: Not applicable in the OR district.
12-8B-6: SETBACKS: In the OR district, the minimum setback shall be twenty feet (20') from all property lines, except as may be further restricted by the planning and environmental commission
in conjunction with the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title.
12-8B-7: HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed twenty one feet (21'). For a sloping roof, the height of buildings shall not exceed twenty
four feet (24').
12-8B-8: DENSITY: Not applicable in the OR district.
12-8B-9: SITE COVERAGE: Site coverage shall not exceed five percent (5%) of the total site area.
12-8B-10: LANDSCAPING AND SITE DEVELOPMENT: Landscape requirements shall be determined by the design review board in accordance with chapter 11 of this title.
12-8B-11: PARKING: Off street parking shall be provided in accordance with chapter 10 of this title
12-8B-12: ADDITIONAL DEVELOPMENT STANDARDS:
Additional regulations pertaining to site development standards and the development of land in the outdoor recreation district are found in chapter 14 of this title.
Chapter 12-16: Conditional Uses Permits (in part)
Section 12-16-1: Purpose; Limitations:
In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use
permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with
respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional
uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town
may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other
uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied.
V. REVIEW CRITERIA
Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following criteria.
Relationship and impact of the use on the development objectives of the Town.
The proposed conditional use permits to facilitate a community garden will provide a recreational amenity for residents that will also provide a local food source. This is in line with
the Vail Land Use Plan Goal 1.1, which states that “Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses
to serve both the visitor and the permanent resident.” Further, the renovation of this site, which has recently been used as a temporary construction materials storage area, will further
the Vail Land Use Plan Goal 1.2, which states that the “quality of the environment including air, water and other natural resources should be protected as the Town grows.”
This site was identified as a potential cemetery site by the Vail Land Use Plan, but the Vail Cemetery has since been located east of the golf course. The Vail Land Use Plan does note
that recreational amenities may be located on this site should a cemetery not be implemented.
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 community garden will provide a public recreational facility that is in high demand in this community. The community garden and shed will not have any effect on light and air, distribution
of population, or schools. The public transportation system may experience increased demand during summer months to this location, as there is a bus stop 200 feet down the street.
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.
At its peak, the community garden will have 24 plots and five parking spaces. Staff believes that users will have varying schedules, dispersing vehicular traffic throughout the day.
The provision of a storage shed will likely reduce automotive congestion, as users will be more likely to take public transportation if they do not have to haul materials each visit.
The bus stop is approximately 200 feet away, with limited vehicular traffic to impede pedestrian safety. The parking area will improve maneuverability and will also provide an improved
location for snow storage during the winter when the garden is not in use.
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.
Currently, the subject property remains vacant but has in the past been used as material storage area for construction occurring in the vicinity. The provision of a community garden
will improve the site from its existing conditions. The shed will be the only perceived bulk beyond a park and recreational use, and these provide relief from the bulk and mass of the
townhouses across Gore Creek. The proposed garden and shed will be reduced in perceived scale by extensive tree and shrub planting.
VII. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and Environmental Commission approves, with conditions, the request for a conditional use permit. This recommendation is
based upon the review of the criteria described in Section VI of this memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to approve, with conditions, the conditional use permit request, the Community Development Department recommends the Commission
pass the following motion:
“The Planning and Environmental Commission approves this request for a conditional use permit, pursuant to Section 12-8B-3, Conditional Uses, Vail Town Code, to allow for public parks
and active public outdoor recreation areas and uses, excluding buildings and accessory buildings (permanent and temporary) and uses customarily incidental and accessory to permitted
or conditional outdoor recreational uses, and necessary for the operation thereof, including
restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses, to facilitate a community garden located at 2490 South Frontage Road/ Unplatted, and setting
forth details in regard thereto.”
Should the Planning and Environmental Commission choose to approve, with conditions, this conditional use permit request, the Community Development Department recommends the Commission
includes the following conditions:
The West Vail Community Garden shall receive design review approval prior to any construction.
The West Vail Community Garden shall only operate between 7am and 7pm from April through October.
All occupants and members of the West Vail Community Garden shall comply with the Town of Vail noise regulations.
Site lighting shall not be permitted at the West Vail Community Garden site.
The West Vail Community Garden shall be maintained and kept in an orderly fashion or the required conditional use permits may be revoked.
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 VI of the Staff memorandum to the Planning and Environmental Commission dated February 14, 2011, and the evidence and testimony
presented, the Planning and Environmental Commission finds:
The proposed conditional use permits are in accordance with the purposes of the Zoning Regulations and the Outdoor Recreation District; and
The on-site parking is adequate for the needs of the community garden; and
The proposed conditional use permit 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; and
The proposed conditional use permit complies with each of the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code.”
VIII. ATTACHMENTS
Vicinity Map
Site Plan
Phasing Plan
Draft Management Documents
Letters of Support