HomeMy WebLinkAboutPEC110042 PEC PACKET_072511TO:
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I.
II.
P
OM: C
TE: J
BJECT: A
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re
a
fo
D
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the Briar
mitigatin
Based u
memora
Departm
recomm
findings
DESCR
The purp
steep hi
Planning an
Community
uly 25, 201
A request fo
Town of Vai
Town of Vai
Medium Den
ecommend
mendment
or a rezonin
District, loca
Subdivision,
Applicant:
Planner:
ARY
plicant, Tow
Residentia
ntial Cluster
llside portio
oop. The s
nces at Bria
0034). The
r Patch Hom
ng the high
upon Staff’s
andum and
ment recom
mendation
noted in Se
IPTION OF
pose of this
llside open
d Environm
Developme
1
or a recomm
l Land Use
l Land Use
nsity Reside
ation to the
, pursuant t
ng from Res
ated at 1448
and setting
Town of V
Bill Gibso
wn of Vail, is
l to Open S
r District to
on of the Re
subject stee
ar Patch thro
e Town of V
meowners A
severity roc
s review of t
the evidenc
mends the
of approva
ection IX of
F REQUEST
s request is
space own
mental Com
ent Departm
mendation t
Plan Map,
Plan, to al
ential to Op
e Vail Town
to Section
sidential Cl
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g forth deta
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on
s requesting
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the criteria
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al, with a c
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s to apply th
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mission
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pursuant to
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12-3-7, Am
uster Distri
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ails in regar
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s proposed
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gotiations t
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orandum.
he same zo
Town of Va
Town Coun
o Chapter V
and use cat
and a requ
or a zone dis
mendment, V
ct to Natura
/Parcel G,
rd thereto. (
se category
rict bounda
ation Distric
tch located
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subdivision
to purchase
urpose of pr
ed with the
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sented, the
nmental Co
of these ap
oning to the
ail located d
ncil for amen
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tegory chan
uest for a
strict bound
Vail Town C
al Area Pre
Residences
(PEC11004
amendmen
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ct, for the 3
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ed as Parc
n application
e the subjec
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e site.
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pplications s
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nt from Med
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Town of Vail Page 2
vicinity map (Attachment A), the proposed land use map amendment (Attachment B)
and the proposed zoning map amendment (Attachment C) have been attached for
review.
III. BACKGROUND
The Residences at Briar Patch subdivision, along with several other properties in the
Lion’s Ridge neighborhood, was annexed into the Town of Vail on April 29, 1987. Most
of these properties, including the Residences at Briar Patch, had established
development rights under Eagle County jurisdiction that exceeded those that would be
allowed by Town of Vail zoning. So, the Town of Vail entered into annexation
agreements with many of these property owners to negotiate development rights before
these property was annexed. The outcomes of the Residences at Briar Patch
annexation agreement have been memorialized on the subdivision’s plat. The
Residences at Briar Patch plat includes a common element Parcel F. Parcel F includes
all areas of the subdivision that are not explicitly designated as building sites. Parcel F
includes the steep hillside above Lions Ridge Loop.
While pursuing the proposed redevelopment of the Timber Ridge employee housing
site, the Town of Vail explored options to address the high severity rockfall hazard
emanating from the Residences at Briar Patch Parcel F above. This existing rockfall
hazard poses risks to both the public street and the residential development below. The
Town of Vail has explored several engineering options to mitigating the rockfall hazard.
One viable mitigation option is to mitigate the hazard off-site by constructing barriers
and fencing along Lions Ridge Loop; however, this mitigation method is neither
aesthetically or financially desirable. The other viable mitigation option is to address the
hazard on-site by removing rocks and installing protective netting over some
outcroppings. The Town of Vail believes the on-site mitigation method is more
aesthetically and financially desirable than an off-site method.
The Town of Vail is negotiating with the Residences at Briar Patch property owners to
purchase a portion of their common Parcel F to facilitate the mitigation of the existing
rockfall hazard. This subject portion of Parcel F is proposed to be platted as Parcel G,
Residences at Briar Patch through a related major subdivision application
(PEC110034).
IV. APPLICABLE PLANNING DOCUMENTS
There is no mention of the subject property in the Town of Vail Comprehensive Open
Lands Plan.
Staff believes that following provisions of the Vail Land Use Plan and the Vail Town
Code are relevant to the review of this proposal:
Vail Land Use Plan (in part)
Town of Vail Page 3
Chapter II - Land Use Plan Goals / Policies (in part)
1. General Growth/Development
1.1 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.
1.2 The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
Chapter VI – Proposed Land Use (in part)
MDR – Medium Density Residential:
The medium density residential category includes housing which would typically
be designed as attached units with common walls. Densities in this category
would range from 3 to 14 dwelling units per buildable acre. Additional types of
uses in this category would include private recreation facilities, private parking
facilities and institutional / public uses such as parks and open space, churches
and fire stations.
OS – Open Space
Passive recreation areas such as greenbelts, stream corridors and drainage
ways are the types of areas in this category. Hillsides which were classified as
undevelopable due to high hazards and slopes over 40% are also included in this
area. These hillside areas would still be allowed types of development permitted
by existing zoning, such as one unit per 35 acres, for areas in agricultural zoning.
Also, permitted in this area would be institutional / public uses.
Title 12, Zoning Regulations, Vail Town Code (in part)
Article 12-6E: Residential Cluster District (in part)
12-6E-1: Purpose:
The residential cluster district is intended to provide sites for single-family, two-
family, and multiple-family dwellings at a density not exceeding six (6) dwelling
units per acre, together with such public facilities as may appropriately be located
in the same zone district. The residential cluster district is intended to ensure
adequate light, air, privacy and open space for each dwelling, commensurate
with residential occupancy, and to maintain the desirable residential qualities of
the zone district by establishing appropriate site development standards.
Article 12-8C: Natural Area Preservation District (in part)
Section 12-8C-1: Purpose:
Town of Vail Page 4
The natural area preservation district is designed to provide areas which,
because of their environmentally sensitive nature or natural beauty, shall be
protected from encroachment by any building or other improvement, other than
those listed in section 12-8C-2 of this article. The natural area preservation
district is intended to ensure that designated lands remain in their natural state,
including reclaimed areas, by protecting such areas from development and
preserving open space. The natural area preservation district includes lands
having valuable wildlife habitat, exceptional aesthetic or flood control value,
wetlands, riparian areas and areas with significant environmental constraints.
Protecting sensitive natural areas is important for maintaining water quality and
aquatic habitat, preserving wildlife habitat, flood control, protecting view corridors,
minimizing the risk from hazard areas, and protecting the natural character of
Vail which is so vital to the town's tourist economy. The intent shall not preclude
improvement of the natural environment by the removal of noxious weeds,
deadfall where necessary to protect public safety or similar compatible
improvements.
V. SITE ANALYSIS
Existing Zoning: Residential Cluster District
Proposed Zoning: Natural Area Preservation District
Existing Land Use Designation: Medium Density Residential
Proposed Land Use Designation: Medium Density Residential
Mapped Geological Hazards: High Severity Rockfall
Lot Area: Approximately 3.983 acres
Existing Development Standards: N/A (open space per the Briar Patch plat)
Proposed Development Standards: None Change
VI. SURROUNDING LAND USES AND ZONING
Existing Use Zone District Land Use Designation
North: Residential Residential Cluster Medium Density Residential
South: Residential Housing High Density Residential
West: Open Space Natural Area Preservation Open Space
East: Residential Residential Cluster Medium Density Residential
VII. LAND USE PLAN CATEGORY CHANGE CRITERIA
Before acting on a land use plan amendment application, the Planning and
Environmental Commission shall consider the following factors with respect to this
proposal:
1. How conditions have changed since the Land Use Plan was adopted.
The Town of Vail is negotiating with the Residences at Briar Patch property owners to
purchase a portion of their common Parcel F to facilitate the mitigation of the existing
rockfall hazard. This subject portion of Parcel F is proposed to be platted as Parcel G,
Town of Vail Page 5
Residences at Briar Patch through a related major subdivision application
(PEC110034).
2. How the Land Use Plan is in error.
Staff does not believe the Vail Land Use Plan is in error. As identified in this
memorandum, conditions have changed since the adoption of the plan.
3. How the change to the Land Use Plan is in concert with the Plan in general.
Staff does not believe the subject steep hillside is the appropriate location for future
residential development. Instead, Staff believes the site should be preserved as open
space and the existing rockfall hazards should be mitigated. Staff believes the use of
the subject property is more consistent with the description of the Open Space plan
category than the Medium Density Residential plan category as outlined in Section IV of
this memorandum.
VIII. ZONE DISTRICT BOUNDARY AMENDMENT CRITERIA
Before acting on a zone district boundary amendment application, the Planning and
Environmental Commission shall consider the following factors with respect to this
proposal:
1. The extent to which the zone district amendment is consistent with all 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.
Staff believes a rezoning of the subject property to the Natural Area Preservation
District is consistent with the associated Vail Land Use Plan amendment to identify the
subject property as Open Space.
The subject property is currently zoned Residential Cluster District. Due to the
steepness of the site and the high severity rockfall hazards, Staff does not believe the
subject property is the appropriate location for future residential development.
The Town of Vail is proposing to apply the same zoning to the subject property as the
steep hillside open space owned by the Town of Vail located directly to the west.
Therefore, Staff believes the applicant’s proposal meets this review criterion.
2. The extent to which the zone district amendment is suitable with the existing
and potential land uses on the site and existing and potential surrounding land
uses as set out in the town's adopted planning documents.
The Town of Vail is in negotiations with the Briar Patch Homeowners Associations to
purchase the subject property for the purpose of preserving open space and mitigating
Town of Vail Page 6
the high severity rockfall hazard associated with the site. Staff believes a rezoning of
the subject property to the Natural Area Preservation District is consistent with the
associated Vail Land Use Plan amendment to identify the subject property as Open
Space.
The Briar Patch development rights are regulated by both the Vail Town Code and the
Residences at Briar Patch plat. The plat prescribes the allowable density, building
locations, gross residential floor area, site coverage, building height, parking, etc. The
subject Parcel G only includes portions of the already unbuildable steep hillside above
Lions Ridge Loop. The platting and rezoning of the proposed Parcel G will not affect
the existing or future Briar Patch development rights. Staff does not believe the
proposed rezoning of the subject property will alter its existing suitability with the
neighborhood.
Therefore, Staff believes this proposal meets this review criterion.
3. The extent to which the zone district amendment presents a harmonious,
convenient, workable relationship among land uses consistent with municipal
development objectives.
Staff believes the rezoning of the subject property to an open space zone district has a
more harmonious, convenient, and workable relationship among land uses in the
surrounding neighborhood than is current zoning for residential development.
Therefore, Staff believes the applicant’s proposal meets this review criterion.
4. The extent to which the zone district amendment provides for the growth of an
orderly viable community and does not constitute spot zoning as the amendment
serves the best interests of the community as a whole.
Staff believes a rezoning of the subject property to the Outdoor Recreation District is
consistent with the associated Vail Land Use Plan amendment to designate the subject
property as Open Space.
The Town of Vail is proposing to apply the same zoning to the subject property as the
steep hillside open space owned by the Town of Vail located directly to the west;
therefore, Staff does not believe the proposal constitutes a spot zoning. Instead, Staff
believes the proposed rezoning serves the best interest of the community as a whole.
Therefore, Staff believes the proposal meets this review criterion.
5. The extent to which the zone district amendment results in adverse or
beneficial impacts on the natural environment, including, but not limited to, water
quality, air quality, noise, vegetation, riparian corridors, hillsides and other
desirable natural features.
Town of Vail Page 7
As identified in this memorandum, Staff does not believe the subject property is an
appropriate location for future residential development. The subject property currently
functions as open space. Staff believes a rezoning of this property to the Natural Area
Preservation District from Residential Cluster District will further restrict the impacts of
this property on the natural environment.
Therefore, Staff believes the proposal meets this review criterion.
6. The extent to which the zone district amendment is consistent with the purpose
statement of the proposed zone district.
The Town of Vail is requesting that the subject property be rezoned to the Natural Area
Preservation District. The subject property is a steep hillside with high severity rockfall
hazards. The Town of Vail intends to preserve the subject property as open space and
to mitigate the rockfall hazards on the site. Staff believes this proposed rezoning is
consistent with the open space purposes of the Natural Area Preservation District as
outlined in Section IV of this memorandum and as follows:
“The natural area preservation district is designed to provide areas which,
because of their environmentally sensitive nature or natural beauty, shall be
protected from encroachment by any building or other improvement, other than
those listed in section 12-8C-2 of this article. The natural area preservation
district is intended to ensure that designated lands remain in their natural state,
including reclaimed areas, by protecting such areas from development and
preserving open space. The natural area preservation district includes lands
having valuable wildlife habitat, exceptional aesthetic or flood control value,
wetlands, riparian areas and areas with significant environmental
constraints. Protecting sensitive natural areas is important for maintaining water
quality and aquatic habitat, preserving wildlife habitat, flood control, protecting
view corridors, minimizing the risk from hazard areas, and protecting the
natural character of Vail which is so vital to the town's tourist economy. The
intent shall not preclude improvement of the natural environment by the
removal of noxious weeds, deadfall where necessary to protect public
safety or similar compatible improvements.”
Therefore, Staff believes the proposal meets this review criterion.
7. The extent to which the zone district amendment demonstrates how conditions
have changed since the zoning designation of the subject property was adopted
and is no longer appropriate.
As identified in this memorandum, the Town of Vail is negotiating with the Residences
at Briar Patch property owners to purchase a portion of their common Parcel F to
facilitate the mitigation of the existing rockfall hazard. This subject portion of Parcel F is
proposed to be platted as Parcel G, Residences at Briar Patch through a related major
subdivision application (PEC110034).
Town of Vail Page 8
Therefore, Staff believes the proposal meets this review criterion.
8. Such other factors and criteria as the commission and/or council deem
applicable to the proposed rezoning.
IX. RECOMMENDATION
The Community Development Department recommends the Planning an Environmental
Commission forwards a recommendation of approval, with a condition, to the Vail
Town Council for amendments to the Town of Vail Land Use Plan Map, pursuant to
Chapter VIII, Implementation, Town of Vail Land Use Plan, to allow for a land use
category amendment from Medium Density Residential to Open Space; and a request
for a recommendation to the Vail Town Council for a zone district boundary amendment,
pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning from
Residential Cluster District to Natural Area Preservation District, located at 1448 Buffehr
Creek Road/Parcel G, Residences at Briar Patch Subdivision, and setting forth details in
regard thereto. This recommendation is based upon the review of the criteria outlined in
Sections VII and VIII of this memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to recommend approval of
this request; the Community Development Department recommends the Commission
passes the following motion:
“The Planning and Environmental Commission forwards a recommendation of
approval, with a condition, to the Vail Town Council for amendments to the
Town of Vail Land Use Plan Map, pursuant to Chapter VIII, Implementation,
Town of Vail Land Use Plan, to allow for a land use category amendment from
Medium Density Residential to Open Space; and a request for a
recommendation to the Vail Town Council for a zone district boundary
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow
for a rezoning from Residential Cluster District to Natural Area Preservation
District, located at 1448 Buffehr Creek Road/Parcel G, Residences at Briar Patch
Subdivision, and setting forth details in regard thereto.”
Should the Planning and Environmental Commission choose to recommend approval of
this request; the Community Development Department recommends the Commission
imposes the following condition:
“1. This recommendation of approval for a Land Use Plan designation change
and a rezoning is contingent upon the recording of the associated final plat
creating Parcel G, Residences at Briar Patch.”
Should the Planning and Environmental Commission choose to recommend approval of
this request; the Community Development Department recommends the Commission
makes the following findings:
Town of Vail Page 9
“Based upon the review of the criteria outlined in Sections VII and VIII of the Staff
memorandum to the Planning and Environmental Commission dated July 25,
2011, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
1. That the amendments are consistent with the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town.
2. That the amendments are compatible with and suitable to adjacent uses and
appropriate for the surrounding areas.
3. That the amendments promote the health, safety, morals, and general welfare
of the town and promote 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.”
X. ATTACHMENTS
A. Vicinity Map
B. Proposed Land Use Map Amendment
C. Proposed Zoning Map Amendment
Town of f Vail
Attaachment A
Pagge 10
Town of f Vail
Attaachment B
Pagge 11
Town of f Vail
Attaachment C
Pagge 12