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HomeMy WebLinkAboutPEC110028 PEC PACKET_062711TO: FRO DAT SUB I. II. P OM: C TE: J BJECT: A T T D V 1 P B S A P SUMMA The app Residen Primary/ property Ruder fa Based u memora Departm recomm Section DESCR The app Residen Primary/ 2846 Ba Planning an Community une 27, 20 A request fo Town of Vai Town of Vai Density Res Vail Town C 2-3-7, Ame Primary/Sec Basingdale Subdivision, Applicant: Planner: ARY plicant, Tow ntial to Open /Secondary y located at amily ceme upon Staff’s andum and ment recom mendation IX of this m IPTION OF plicant, Tow ntial to Open /Secondary asingdale B d Environm Developme 11 or a recomm l Land Use l Land Use sidential to O Council for a endment, V condary Dis Boulevard/ and setting Town of V Bill Gibso wn of Vail, is n Space an y District to 2846 Basi tery. s review of t the evidenc mends the of approva memorandu F REQUEST wn of Vail, is n Space an y District to Boulevard. mental Com ent Departm mendation t Plan Map, Plan, to al Open Spac a zone distr ail Town Co strict to Out Lot 1, Block g forth deta Vail on s requesting nd a zone d Outdoor R ngdale Bou the criteria ce and test Planning a al of these m. T s requesting nd a zone d Outdoor R mission ment o the Vail T pursuant to low for a la ce; and a re rict boundar ode, to allo door Recre k 9, Vail Int ails in regar g a land us district boun ecreation D ulevard. Th outlined in timony pres and Environ application g a land us district boun ecreation D Town Coun o Chapter V and use cat equest for a ry amendm ow for a rez eation Distr termountain rd thereto. ( se category ndary amen District, for t he subject p Section VI sented, the nmental Co s subject to se category ndary amen District, for t ncil for chan VIII, Implem tegory chan a recommen ment, pursua oning from ict, located n Developm (PEC11002 change fro ndment, from the Town o property is t I and VIII o Communit mmission f o the finding change fro ndment, from the propert nges to the mentation, nge from Lo ndation to t ant to Secti Two-Famil at 2846 ment 28) om Low De m Two-Fam of Vail owne the site of t of this y Developm forwards a gs noted in om Low De m Two-Fam ty located a ow the ion ly nsity mily ed the ment nsity mily at Town of Vail Page 2 The subject property is owned by the Town of Vail and is the site of a pioneer family cemetery. This is the only cemetery located within the Town of Vail. The subject cemetery has approximately ten marked graves with the most recent from 1973. A vicinity map (Attachment A) and photographs of the site (Attachment B) have been attached for review. III. BACKGROUND In the late 1800’s Jacob and Mary Ruder homesteaded along Gore Creek. A family burial site was established on the Ruder’s ranch. The location of this cemetery is today known as 2846 Basingdale Blvd./Lot 1, Block 9, Vail Intermountain Development Subdivision. This is the only cemetery located within the Town of Vail. The Ruder cemetery has approximately ten marked graves with the most recent from 1973. There is documentation in the Town’s archives that cemeteries have been the subject of public debate in Vail since at least 1971. Over the years there have been several advisory committees, studies, master plans, and etc. discussing cemetery related issues in Vail. Vail Intermountain Associates, which included members of the Garton family, subdivided the subject property through the Vail Intermountain Development Subdivision Block 9 final plat on August 30, 1972. This plat was reviewed and approved under Eagle County jurisdiction. As early as 1974 there was discussion about the Town of Vail taking over ownership of the subject cemetery. Attached for reference are two letters written by Robert Garton to the Town of Vail in 1974 (Attachment C). In 1985, the Town of Vail initiated the process of developing a Comprehensive Plan for Vail. This Comprehensive Plan included several elements including the Vail Land Use Plan, the Vail Village Master Plan, and master plans for Ford Park and Donovan Park. On November 18, 1986 the Town of Vail adopted the Vail Land Use Plan. This plan has been amended several times since its original adoption. A letter dated January 13, 1987 from the Community Development Department to the Vail Town Council indicates that discussions and decisions about cemeteries in Vail were intentionally delayed until after the completion of the Vail Land Use Plan (Attachment D). The subject property, along with other areas of Intermountain, was annexed into the Town of Vail on June 24, 1987. After several years of public debate, the Town of Vail adopted a Cemetery Management and Master Plan in 1993 which recommended that a community cemetery be constructed at Donovan Park. The subject property was considered and rejected as a location for a future community cemetery. This plan received recognition and awards Town of Vail Page 3 from the Colorado Chapter of the American Planning Association. However, the plan was later rejected by Vail voters in a non-binding election in 1995 and the plan was never implemented. On June 26, 1991 a warranty deed was signed by Timothy Garton (recorded on July 6, 1992) that transferred the ownership of the subject Ruder cemetery property from Vail Intermountain Associates to the Town of Vail. The subject Ruder cemetery was the subject of articles in the Vail Daily Newspaper in 2002 and 2006. Although the image quality of these articles is poor, they have been attached for reference (Attachment E). In 2003, the Town of Vail approved, and donated land for, the construction of a memorial park in East Vail. During the review process leading up to that approval, several properties, including the subject Ruder cemetery, were considered and rejected as a location for a community cemetery or memorial park. The Vail Memorial Park was completed in 2004 and “serves to honor the lives of the many people who have defined Vail through the years.” Earlier this year, Bob Ruder, local resident and descendant of Jacob and Mary Ruder, approached the Town of Vail with concerns about preserving the existing Ruder cemetery in a naturalistic condition into the future. At that time, the Town of Vail recognized that the subject property was zoned for residential development, and a rezoning of the property to one of the open space and recreation districts should be pursued. 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. Town of Vail Page 4 Chapter VI – Proposed Land Use (in part) LDR – Low Density Residential: This category includes single-family detached homes and two-family dwelling units. Density of development within this category would typically not exceed 3 structures per buildable acres. Also within this area would be private recreation facilities such as tennis courts, swimming pools and club houses for the use of residents of the area. Institutional / public uses permitted would include churches, fire stations, and parks and open space related facilities. OS – Open Space Passive recreation areas such as geenbelts, stream corridors and drainageways 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-D: Two-Family Primary/Secondary District (in part) Section 12-6D-1: Purpose: The two-family primary/secondary residential district is intended to provide sites for single-family residential uses or two-family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same zone district. The two-family primary/secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. 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 Address: 2846 Basingdale Boulevard Legal Description: Lot 1, Block 9, Vail Intermountain Development Subdivision Zoning: Two-Family Primary/Secondary District Land Use Designation: Low Density Residential Town of Vail Page 5 Mapped Geological Hazards: None Lot Area: Approximately 0.216 acres VI. SURROUNDING LAND USES AND ZONING Existing Use Zoning District North: Residential Two-Family Primary/Secondary District South: Residential Two-Family Primary/Secondary District West: Residential Two-Family Primary/Secondary District East: Residential Two-Family Primary/Secondary District 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. As indicated in the attached 1987 letter from the Community Development Department to the Vail Town Council, the public discussions and decisions about cemeteries in Vail were intentionally delayed until after the adoption of the Vail Land Use Plan in 1986. The Vail Land Use Plan applies the same Low Density Residential category designation to the subject Ruder cemetery as it does to the surrounding residential properties. As indicated in Section III of this memorandum, there has been ongoing public discussion about cemetery related issues in Vail since the adoption of the Vail Land Use Plan. The subject Ruder cemetery site has been considered, and rejected, as a site for a future community cemetery on multiple occasions. While the Vail Land Use Plan includes the subject site in the Low Density Residential category, Staff does not believe the existing Ruder cemetery site should be the location of future residential development. Instead, Staff believes the subject site should be preserved for its historic and cultural value. Staff believes the existing cemetery land use is more consistent with the description of the Open Space plan category than the Low Density Residential plan category as outlined in Section IV of this memorandum. 2. How the Land Use Plan is in error. As indicated in the attached 1987 letter from the Community Development Department to the Vail Town Council, the land use category designation for the subject Ruder cemetery was not addressed during the adoption of the Vail Land Use Plan. 3. How the change to the Land Use Plan is in concert with the Plan in general. Town of Vail Page 6 Staff does not believe the existing Ruder cemetery site is the appropriate location for future residential development, but instead Staff believes the site should be preserved for its historic and cultural value. Staff believes the existing cemetery land use is more consistent with the description of the Open Space plan category than the Low 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. The subject Ruder cemetery is currently zoned Two-Family Primary/Secondary District. Cemeteries are not an allowed permitted, conditional, or accessory use in that district. Staff does not believe the existing cemetery use is consistent with the residential development purposes of the Two-Family Primary/Secondary District as outlined in Section IV of this memorandum. The applicant is requesting that the subject property be rezoned to the Outdoor Recreation District. Cemeteries are allowed as a conditional use in this zone district. Staff believes the existing cemetery is consistent with the open space and passive 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. 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. As identified in the criterion above, the subject Ruder cemetery is currently zoned Two- Family Primary/Secondary District. Cemeteries are not an allowed permitted, conditional, or accessory use in that district. The applicant is requesting that the subject Town of Vail Page 7 property be rezoned to the Outdoor Recreation District. Cemeteries are allowed as a conditional use in this zone district. The Ruder family cemetery existed on the subject property long before the Town of Vail or the surrounding residential neighborhood was developed. Staff believes the existing cemetery 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. As identified above, the Ruder family cemetery existed on the subject property long before the Town of Vail or the surrounding residential neighborhood was developed. Staff believes the existing cemetery 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. Similar to other public parks and public open space properties in Vail, the applicant is proposing to rezone the subject property to one of the Town’s open space and recreation zone districts. Similar to other public parks and public open space properties in Vail, the applicant is proposing that the subject property be zoned differently that the surrounding neighborhood. Additionally, the subject Ruder cemetery is the only cemetery located within the Town of Vail. Therefore, Staff does not believe the applicant’s 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. 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 8 As identified in this memorandum, Staff does not the existing Ruder cemetery is an appropriate location for future residential development. The subject property currently functions as open space. Staff believes a rezoning of this property from the Two-Family Primary/Secondary District to the Outdoor Recreation District will continue the positive impacts of this open space 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. As identified in this memorandum, the subject Ruder cemetery is currently zoned Two- Family Primary/Secondary District. Cemeteries are not an allowed permitted, conditional, or accessory use in that district. Staff does not believe the existing cemetery use is consistent with the residential development purposes of the Two-Family Primary/Secondary District as outlined in Section IV of this memorandum. The applicant is requesting that the subject property be rezoned to the Outdoor Recreation District. Cemeteries are allowed as a conditional use in this zone district. Staff believes the existing cemetery is consistent with the open space and passive 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 public discussions and decisions about cemeteries in Vail were intentionally delayed until after the adoption of the Vail Land Use Plan in 1986. The Vail Land Use Plan applies the same Low Density Residential category to the subject Ruder cemetery as it does to the surrounding residential properties. As shown on the Town of Vail Official Zoning Map, the subject property is zoned Two-Family Primary/Secondary District consistent with its current Vail Land Use Plan designation. The subject property is located within the same Two-Family Primary/Secondary District as the surrounding residential properties. As indicated in Section III of this memorandum, there has been ongoing public discussion about cemetery related issues in Vail since the adoption of the Vail Land Use Plan. The subject Ruder cemetery site has been considered, and rejected, as a possible site for a future public cemetery on multiple occasions. Again, Staff does not believe the existing Ruder cemetery site is the appropriate location for future residential development. Instead, Staff believes the subject site Town of Vail Page 9 should be preserved for its historic and cultural value. Staff believes the existing cemetery land use is more consistent with the stated purposes of the Outdoor Recreation District than the Two-Family Primary/Secondary District. 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 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 Low 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 Two-Family Primary/Secondary District to Outdoor Recreation District, located at 2846 Basingdale Boulevard/Lot 1, Block 9, Vail Intermountain Development 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 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 Low 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 Two-Family Primary/Secondary District to Outdoor Recreation District, located at 2846 Basingdale Boulevard/Lot 1, Block 9, Vail Intermountain Development 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 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 June 27, 2011, and the evidence and testimony presented, the Planning and Environmental Commission finds: Town of Vail Page 10 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. Site Photographs C. Robert Garton letters from 1974 D. Community Development Department letter from 1987 E. Vail Daily Newspaper articles from August 19, 2002 and October 23, 2006 Town of f Vail Attaachment A Pagge 11 Town of f Vail Attaachment B Pagge 12 Town of f Vail Attaachment C Pagge 13 Town of f Vail Pagge 14 Town of f Vail Attaachment D Pagge 15 Town of f Vail Attaachment E Pagge 16 Town of f Vail Pagge 17