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I.
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Town of Vail Page 2
same zoning to the subject parking lot as the existing public park. A vicinity map
(Attachment A) and proposed zoning map change (Attachment B) have been attached
for review.
III. BACKGROUND
The subject property was previously owned by Bob Lazier, developer of the adjacent
Sun Vail Condominiums. The subject property has the same Land Use Plan designation
and zoning as this residential development. With the previous owner’s permission, the
Town of Vail used the subject property to provide parking for the adjacent Red
Sandstone Park.
In 2010, Mr. Lazier approached the Town of Vail with a proposal to sell the subject
property. Pursuant to Resolution No. 20, Series of 2010, the Town of Vail purchased
the subject from Mr. Lazier on July 30, 2010.
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)
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.
Town of Vail Page 3
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 6-G: Medium Density Multiple-Family District (in part)
12-6G-1: Purpose:
The medium density multiple-family district is intended to provide sites for
multiple-family dwellings at densities to a maximum of eighteen (18) dwelling
units per acre, together with such public facilities as may appropriately be located
in the same zone district. The medium density multiple-family district is intended
to ensure adequate light, air, open space, and other amenities commensurate
with multiple-family occupancy, and to maintain the desirable residential qualities
of the zone district by establishing appropriate site development standards.
Certain nonresidential uses are permitted as conditional uses, and where
permitted, are intended to blend harmoniously with the residential character of
the zone district.
Article 8-B: Outdoor Recreation District (in part)
Section 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.
V. SITE ANALYSIS
Zoning: Medium Density Multiple Family District
Land Use Designation: Medium Density Residential
Mapped Geological Hazards: None
Lot Area: Approximately 0.49 acres
VI. SURROUNDING LAND USES AND ZONING
Existing Use Zone District Land Use Designation
North: Residential Medium Density Multiple-Family Medium Density Residential
South: Hwy 6 / I70 n/a n/a
West: Residential Outdoor Recreation Open Space
East: Residential Medium Density Multiple-Family Medium Density Residential
Town of Vail Page 4
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 subject property was previously owned by Bob Lazier, developer of the adjacent
Sun Vail Condominiums. The subject property has the same Land Use Plan designation
and zoning as this residential development. With the previous owner’s permission, the
Town of Vail used the subject property to provide parking for the adjacent Red
Sandstone Park.
In 2010, Mr. Lazier approached the Town of Vail with a proposal to sell the subject
property. Pursuant to Resolution No. 20, Series of 2010, the Town of Vail purchased
the subject from Mr. Lazier on July 30, 2010.
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 property is the appropriate location for future
residential development. Instead, Staff believes the site should be incorporated into the
Red Sandstone Park. Staff believes the existing parking lot for the public park 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 Outdoor Recreation District is
consistent with the associated Vail Land Use Plan amendment to identify the subject
property as Open Space.
Town of Vail Page 5
The subject property is currently zoned Medium Density Residential District. Staff does
not believe the subject property is the appropriate location for future residential
development. While public parks are allowed as a conditional use in the Medium
Density Multiple-Family District as outlined in Section IV of this memorandum, Staff
believes the subject parking lot and the Red Sandstone Park should have the same
zoning. 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.
Staff believes a rezoning of the subject property to the Outdoor Recreation District is
consistent with the associated Vail Land Use Plan amendment to identify the subject
property as Open Space.
Staff believes the existing parking lot for Red Sandstone Park has been, and continues
to be, suitable to the surrounding neighborhood. Staff does not believe the proposed
rezoning of the subject property will alter its suitability.
Therefore, Staff believes the applicant’s 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 existing parking lot for Red Sandstone Park has a harmonious,
convenient, and workable relationship among land uses in the surrounding
neighborhood. Staff does not believe the proposed rezoning of the subject property will
alter this relationship.
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 rezone the subject property to the same district as Red
Sandstone Park; 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 applicant’s proposal meets this review criterion.
Town of Vail Page 6
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.
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 a public parking lot for Red Sandstone Park. Staff believes a rezoning of
this property to the Outdoor Recreation District will not alter the impacts of this property
on the natural environment.
Therefore, Staff believes the applicant’s 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 applicant is requesting that the subject property be rezoned to the Outdoor
Recreation District. Public parks are allowed in this zone district. Staff believes the
existing Red Sandstone Park public parking lot is consistent with the open space and
recreation purposes of the Outdoor Recreation District as outlined in Section IV of this
memorandum.
Therefore, Staff believes the applicant’s 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 subject property was previously owned by Bob
Lazier, developer of the adjacent Sun Vail Condominiums. The subject property has the
same Land Use Plan designation and zoning as this residential development. With the
previous owner’s permission, the Town of Vail used the subject property to provide
parking for the adjacent Red Sandstone Park.
In 2010, Mr. Lazier approached the Town of Vail with a proposal to sell the subject
property. Pursuant to Resolution No. 20, Series of 2010, the Town of Vail purchased
the subject from Mr. Lazier on July 30, 2010.
Therefore, Staff believes the applicant’s 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 to the Vail Town Council for
Town of Vail Page 7
changes 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 change
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 Medium Density
Multiple Family District to Outdoor Recreation District, located at 715 North Frontage
Road (parking lot of Red Sandstone Park)/Part of Lot 9, Block 2, Vail Potato Patch, 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 to the Vail Town Council for changes 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 change 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 Medium Density Multiple Family District
to Outdoor Recreation District, located at 715 North Frontage Road (parking lot
of Red Sandstone Park)/Part of Lot 9, Block 2, Vail Potato Patch, 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
makes the following findings:
“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 11,
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.”
Town of Vail Page 8
X. ATTACHMENTS
A. Vicinity Map
B. Proposed Zoning Map Amendment
Town of f Vail
Attaachment A
Paage 9
Town of f Vail
Atta
achment B
Pagge 10