HomeMy WebLinkAboutPEC100050 Mitigation of Development Impacts 011011
1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 10, 2011 SUBJECT: A request for a recommendation to the Vail Town Council,
pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to create 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) Applicant: Town of Vail Planner: Rachel Dimond/George Ruther
I. SUMMARY The applicant, the Town of Vail, is requesting a recommendation to the Vail Town Council for a text amendment to Title 12, Zoning Regulations, Vail Town Code, to create Chapter
12-26, Exactions and Dedications. The purpose of this new chapter is to provide the legal framework for mitigation of development impacts.
criteria for review, the Community Development Department recommends the
Planning and Environmental Commission forwards a recommendation of approval of the amendment to the Vail Town Council. A draft copy of Ordinance No. 4, Series of 2011, is attached for
review (Attachment A). II. DESCRIPTION OF REQUEST The proposed text amendments add a new chapter to Title 12, Zoning Regulations, titled Chapter 12-26, Exactions and Dedications.
The purpose of this chapter is to provide a mechanism to quantify exactions and dedications in a manner that is roughly proportional to the impact of �
�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 creation of this new chapter is necessary to
effectively implement the development objectives of the Town. As proposed, the amendments provide applicants with reasonable expectations of the need to mitigate development impacts
at the beginning of the development review process through a consistent review process that is both predictable and equitable. Chapter 12-26 establishes the procedure for determining
the impacts of a development and outlines the criteria and findings for requiring the mitigation of development impacts in the approval process. As proposed, the regulations prescribed
within the new chapter shall apply to land use applications for a major exterior alteration, new or amended special development district, rezoning, or major subdivision.
2 The new chapter includes the following components: A policy for 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 (i.e. Planning and Environmental Commission or Town Council) when approving development
applications. A predictable and consistent process for determining an exaction or dedication. A process for accepting dedications. Chapter 12-26, Exactions and Dedications, is
attached within Ordinance No. X, Series of 2011. III. BACKGROUND The Town of Vail may require dedications and impose exactions on the granting of land-use approvals, provided that there
is an essential nexus between the exaction or dedication and a legitimate local government interest, and provided that the dedication or exaction is roughly proportional, both in nature
and extent, to the impact of the proposed use or development. This recognition generally stems from two major land use law cases, Nollan v. California Coastal Commission, 483 U.S. 825
(1987) and Dolan v. City of Tigard, 512 U.S. 374 (1994), as well as Colorado Revised Statutes § 29-20-203 and related case law. In 2003, the Town of Vail amended the Vail Town Code to
require mitigation of development impacts in certain zone districts. The purpose of this requirement is to ensure the provision of adequate public services and facilities within the
Town. Currently, mitigation of development impacts may be required for projects in the following zone districts: Public Accommodations 1, Public Accommodations 2, Lionshead Mixed Use
1, Lionshead Mixed Use 2, Ski Base/Recreation 2 and Special Development Districts. The ability to require mitigation of development impacts is outlined in each of the above districts
with the inclusion of the following regulations within each zone district chapter: Property owners/developers shall also be responsible for mitigating direct impacts of their development
on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants.
The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review
of development projects and conditional use permits. Substantial off site impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvements,
pedestrian walkway improvements, loading/delivery, streetscape improvements, stream tract/bank improvements, public art improvements, parking, and similar improvements. The intent of
this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. Special Development Districts (SDDs) may be
required to mitigate development impacts based on the deviation of development standards from underlying zoning. However, mitigation of development impacts typically occurs under the
guise of providing public benefits to offset the additional development rights granted as part of the SDD approval. The language, shown below, states that the benefits should arise out
of the deviation in development standards:
3 12-9A-9: DEVELOPMENT STANDARDS: Development standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking shall be determined
by the town council as part of the approved development plan with consideration of the recommendations of the planning and environmental commission. Before the town council approves
development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the town that outweigh the adverse effects of such
deviation. This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in section 12-9A-8 of this
article In 2008, the Vail Town Council enacted inclusionary zoning and commercial linkage requirements that require development projects to provide employee housing for net new employees
generated by a project. These requirements are applicable in the following zone districts: High Density Multiple-Family, Public Accommodation, Public Accommodation 2, Commercial Core
1, Commercial Core 2, Commercial Core 3, Commercial Service Center, Arterial Business, General Use, Heavy Service, Lionshead Mixed Use 1, Lionshead Mixed Use 2, Ski Base/Recreation,
Ski Base/Recreation 2, Parking and Special Development Districts. IV. APPLICABLE PLANNING DOCUMENTS Title 12, Zoning Regulations, Vail Town Code 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.
4 Colorado Revised Statutes 29-20-203. Conditions on land-use approvals. (1) In imposing conditions upon the granting of land-use approvals, no local government shall require an owner
of private property to dedicate real property to the public, or pay money or provide services to a public entity in an amount that is determined on an individual and discretionary basis,
unless there is an essential nexus between the dedication or payment and a legitimate local government interest, and the dedication or payment is roughly proportional both in nature
and extent to the impact of the proposed use or development of such property. This section shall not apply to any legislatively formulated assessment, fee, or charge that is imposed
on a broad class of property owners by a local government. (2) No local government shall impose any discretionary condition upon a land-use approval unless the condition is based upon
duly adopted standards that are sufficiently specific to ensure that the condition is imposed in a rational and consistent manner. V. CRITERIA AND FINDINGS The Vail Town Code prescribes
the process, criteria, and findings for reviewing a proposed prescribed regulations amendment. In reviewing an application of this type, the Planning and Environmental Commission and
Vail Town Council shall consider the following factors with respect to the requested text amendment: (1) The extent to which the text amendment furthers the general and specific purposes
of the zoning regulations; and Staff finds the proposed text amendments further the general purpose of the zoning regulations because by requiring mitigation of development impacts,
the text amendment furthers the and promotes �
�character as a resort and r�
� Staff finds the proposed text amendments further the specific purposes of the zoning regulations by providing the catalyst that could fulfill a number of the specific
purposes. This includes potential for requiring mitigation in the form of road improvements, transit improvements, new public facilities, rehabilitation and/or preservation of natural
areas and other amenities, for example. Staff believes these examples of mitigation further the specific purposes of the zoning regulations, including providing public f
safe and efficient pedestrian and vehicular traffic circulationconservation of wildlife, streams, woods, hillsides, and oth
adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living
quarterso otherwise provide for the growth of an orderly and viable community.
5 (2) The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive
plan and is compatible with the development objectives of the town; and Staff finds the proposed text amendment is compatible with the development objective of �
�general belief that the Town of Vail should have
first rate infrastructure, services and facilities. Requiring development projects to mitigate the direct impacts to that infrastructure helps to further this objective. Another development
objective of the Town of Vail is to have sustainable fiscal responsibility. Staff finds that the proposed amendments further this goal by placing the financial burden of providing infrastructure
and services upgrades on the development projects that necessitate such improvements and associated costs. Staff also finds that the proposed text amendment better implements the adopted
goals, objectives, and policies outlined in the Vail Comprehensive Plan. Specifically, the mitigation of development impacts furthers the policy objectives of the Lionshead Redevelopment
Master Plan and the Vail Village Master Plan, which calls for improved vitality and amenities, improved access and circulation, improved infrastructure and creative financing for enhanced
private profits and public revenues. The amendments also further the implementation of Objective 1.3 of the Vail Village Master Plan, stating that the Town should developmen
t and redevelopment through public improvements The
amendments further the goals of the Vail Land Use Plan, most specifically that vironment,
maintaining a balance between residential, commercial and recreational uses to serve both the visitor Careful consideration is
needed when determining and imposing dedications or exactions on land use applications. In the absence of careful and thoughtful consideration, unintended consequences could negatively
impact the otherwise intended objectives of the regulation or the Town. For example, a dedication or exaction maybe properly determined and imposed yet be so financially onerous that
the a proposed project is no longer practical. In this case, the Town may need to evaluate the need for the dedication or exaction against other public benefits derived from the project.
This is, and will be, an ongoing challenge and consideration the Town needs to carefully and thoughtfully consider. (3) The extent to which the text amendment demonstrates how conditions
have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Staff finds that the text amendments
show a change in conditions where the Town Attorney has advised Staff that the proposed language is necessary to provide legal framework for mitigation of development impacts. The existing
process and regulations may not be adequate enough to require mitigation or to provide the legal justification for such
6 mitigation. Should the Town be faced with a lawsuit, the proposed text amendments would allow for a stronger legal framework to justify exactions and dedications. Additionally, staff
finds that the financial sustainability and viability of the Town is critical to the continued success of the community. The proposed amendments place the financial burden of providing
infrastructure and services upgrades on the development projects that necessitate such improvements and associated costs. They do this in a way that the dedication or exaction required
is roughly proportional both in nature and extent to the impact of the proposed use or development of such property on the community. (4) The extent to which the text amendment provides
a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and As previously stated, the mission statement of the Town
of Vail is to be a
infrastructure, facilities and services that match the level of development that is and will occur in Vail. Further, over the course of the recent redevelopment in
Vail, the Town has come to fully understand that redevelopment needs to pay for more services in order to �
�objectives. In the absence of a predicable and equitable exaction and dedication requirement, it can
be reasonably assumed that the Town shall bear the financial burdens resulting from new development thus jeopardizing the likelihood that the Town can continue to grow in a viable, orderly,
harmonious and convenient manner. (5) Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text text amendment. VI.
STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for
prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to create Chapter 12-26, Exactions and Dedications, Vail
Town Code, to allow for the creation of regulations for mitigation of development impacts, and setting forth details in regard thereto. Should the Planning and Environmental Commission
choose to forward a recommendation of approval, the Community Development Department recommends the Commission passes following motion: Tthe Planning and Environmental Commission forwards
a recommendation of approval to the Vail Town Council prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment
to create Chapter 12-26, Exactions and Dedications, Vail Town Code, to allow for the creation of regulations for mitigation of development impacts, and setting forth details �
� Should the Planning and Environmental Commission choose to forward a recommendation of approval, the Community Development Department recommends the Commission makes the
following findings:
7 Based upon the review of the criteria outlined in Section V of this memorandum, the Town of Vail Planning and Environmental Commission finds, 1) That the amendment is consistent with
the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2) That
the amendment furthers the general and specific purposes of the zoning regulations; and 3) That the amendment promotes the health, safety, morals, and general welfare of the town and
promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential
community of the highest quality. VII. ATTACHMENTS A. Draft Ordinance No. 4, Series of 2011