HomeMy WebLinkAboutOrdinance No. 4, Series of 2011_mitigation memo 030111
MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: March 1, 2011 SUBJECT: Work session on Ordinance No. 4, Series of 2011, an ordinance to establish Chapter
12-26, Exactions and Dedications, Vail Town Code, to allow for the creation of regulations and procedures for mitigation of development impacts, and setting forth details in regard thereto.
(PEC100050) I. SUMMARY The applicant, the Town of Vail, is requesting a work session to discuss proposed regulation amendments to establish Chapter 12-26, Exactions and Dedications,
Vail Town Code, to allow for the creation of regulations and procedures for mitigation of development impacts. Because this is a work session, Staff requests that the Vail Town Council
listen to the Staff presentation, ask any pertinent questions, and provide policy direction on the proposed ordinance to the Planning and Environmental Commission (PEC). Attached to
this memorandum is a draft copy of Ordinance No. 4, Series of 2011 (Attachment A), Staff memorandum memorandum to the PEC dated January 10, 2011 (Attachment B), the minutes from the
PEC hearing on January 10, 2011 (Attachment C), Staff memorandum to the PEC dated February 14, 2011 (Attachment D), and the minutes from the PEC hearing on February 14, 2011 (Attachment
E). II. DESCRIPTION OF THE REQUEST The applicant, the Town of Vail, is requesting a work session to discuss a proposed new chapter to Title 12, Zoning Regulations, titled “Chapter 12-26,
Exactions and Dedications.” Staff is proposing this new chapter in order to provide a mechanism to quantify exactions and dedications in a manner that is roughly proportional to the
impact of the proposed use or development on the Town’s existing or potential facilities, infrastructure or services. Presently, the Vail Town Code does not provide a consistent or predictable
process for determining and addressing impacts on town facilities, infrastructure or services directly attributed to development applications. The proposed regulations will legally strengthen
the Town’s requirements for exactions and dedications. The purpose of this chapter is to: • Clarify existing regulations and policies on exactions and dedications; • Establish expectations
regarding the need to mitigate development impacts at the beginning of the development review process; • Ensure a review process that is consistent, predictable and equitable; • Clarify
the review criteria and findings necessary for requiring exactions and dedications; • Establish the procedure for determining the impacts of a development that must be mitigated, as
quantified and applied to development projects through rational nexus studies;
• Identify exactions and dedications that are necessary for achieving the development objectives of the Town; • Protect the health, safety and welfare and to ensure the orderly and viable
growth of the community; • Provide a mechanism to ensure adequate public facilities, open space, recreational opportunities and other amenities and facilities conducive to a desirable
community; • Promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets; and • Conserve and maintain established community qualities
and economic values. The proposed Chapter 12-26, Vail Town Code, includes the following components: • Policy statements on the requirement of exactions or dedications; • Definitions
of terms applicable to the implementation of the new chapter; • Outline of the legal authority for the requirement of dedications and exactions; • Criteria for reviewing exactions and
dedications, whether they are fees, dedication of land, or provision of infrastructure or services; • Findings to be made by the reviewing authority (Planning and Environmental Commission
or Town Council) when approving development applications; and • An appeals process for mitigation requirements. III. BACKGROUND On January 10, 2011, the PEC held a hearing on the proposed
regulations amendments. The Commissioners were concerned about a chapter on mitigation of development impacts that would increase the amount of exactions and dedications required for
developers. They also expressed concern over the legal issues regarding the proposed amendments. The Commission tabled the item, which was heard again as a work session on February 14,
2011. At the work session, Staff introduced additional background materials for the Commission on legal issues and the implications of such an ordinance. The Commission again tabled
this item to their next hearing in order to discuss the item further. IV. ACTION REQUESTED OF THE COUNCIL Staff requests that the Vail Town Council provide policy direction on the proposed
ordinance to the Planning and Environmental Commission. V. ATTACHMENTS A. Draft Ordinance No. 4, Series of 2011 B. Staff memorandum to the PEC dated January 10, 2011 C. Minutes from
January 10, 2011 PEC hearing D. Staff memorandum to the PEC dated February 14, 2011 E. Minutes from February 14, 2011 PEC hearing