Loading...
HomeMy WebLinkAboutMemo Ordinance No. 2, Series of 2012, Vail Village Townhouse District_0821120) TOWN OF VAIL ¢ Memorandum TO: Vail Town Council FROM: Community Development Department DATE: August 21, 2012 SUBJECT: Ordinance No. 2, Series of 2012, an ordinance amending Chapter 12 -6, Residential Districts, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse (VVT) District, and setting forth details in regard thereto; and Resolution No. 7, Series of 2012, amending Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. (PEC110040, PEC110041) Applicant: Town of Vail Planner: Bill Gibson SUMMARY Ordinance No. 2, Series of 2012, establishes a new zone district, the Vail Village Townhouse District. Resolution No. 7, Series of 2012, amends the Vail Village Master Plan related to the new zone district and includes new design guidelines specifically tailored for the townhouse properties in the proposed zone district. The proposed Ordinance No. 2, Series of 2012, (Attachment A) and Resolution No. 7, Series of 2012, (Attachment B) have been attached for review. The proposed new zone district and associated master plan amendments are anticipated to be applied to the existing townhouse properties located within Vail Village. II. DESCRIPTION OF THE REQUEST On August 7, 2012, the Vail Town Council tabled the proposed ordinance and resolution, and directed Staff to prepare amendments to the proposed new zone district to allow an unlimited amount of GRFA, a lower building height limit of 38 feet, maintain the current 30% landscape area requirements, and to add additional front yard landscaping guidelines in the new zone district. The Community Development Department recommends the following amendments to Ordinance No. 2, Series of 2012 (text deleted is in and text added is bold red): 12 -6J -1: PURPOSE: The Vail Village Townhouse District is intended to provide sites for, and maintain the unique residential character of, existing townhouse properties in the East Gore Creek Sub -Area of the Vail Village Master Plan area ef the Tewn ef Vail. The Vail Village Townhouse district is intended to ensure adequate light, air, open space, and other amenities commensurate with townhomes, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and year -round community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. This zone district was established to regulate existing townhome properties that were legally nonconforming in the High Density Multiple Family District. The Vail Village Townhouse District is meant to encourage and provide incentives for redevelopment of existing townhouse properties in accordance with the Vail Village Master Plan. The incentives in this zone district include addressing both townhouse projects and individually platted townhouse lots, reductions in lot area standards, reductions in setbacks, increases in density, increases in gross residential floor area (GRFA), rode Gtions in landcGaping area, and changes in parking design requirements. More restrictive design considerations have been applied to these properties in accordance with the Vail Village Master Plan to maintain the unique residential character of existing townhouse developments in Vail Village. 12 -6J -7: HEIGHT: For a flat roof, the height of buildings shall not exceed feFty feet (493 thirty feet (35). For a sloping roof, the height of buildings shall not exceed forty throe feet (43) thirty eight feet (38). 12 -6J -9: GROSS RESIDENTIAL FLOOR AREA: Not meFe thaR GRe hURdFed tWeRty fiVe (125) squaFe feet of gross resideRtial floor area (GRFA) shall be permitted feF eaGh ene hundFed (100) squaFe feet ef tetal site aFea. Dwelling units in this zene diStFiGt shall net be entitled te additienal gress Fesidential fl aFea LIRder SeGtOGR 12 15 5: AdditiGRal Gross ResideRtial Floor Area (250 0FdiRaRGe),-GF resodentmal fleer area granted for enGlesed garage spaGe within iRdividual dwelling 1 asFeferepeed in Ghapt°r 15 Gress ResideRtial FleeF Area. An unlimited amount of gross residential floor area (GRFA) shall be permitted on each site. 12- 6J -11: LANDSCAPING AND SITE DEVELOPMENT: At least twenty perne Rt (200%) thirty percent (30 %) of the total site area shall be landscaped. The Community Development Department recommends the following amendments to Resolution No. 7, Series of 2012 (text deleted is in strikethrough and text added is bold red): Town of Vail Page 2 K. Landscaping: L andSGapi„n Trees, shrubs, and other plant materials shall be located in the front portion of the site should be u to create privacy and to soften the visual transition from roadways and parking areas to the building fagades. III. DISCUSSION ITEMS HOW DOES ALLOWING UNLIMITED GRFA IN THE VAIL VILLAGE TOWNHOUSE DISTRICT ACHIEVE THE ADOPTED POLICY OBJECTIVES? Allowable gross residential floor area (GRFA) has been a primary point of deliberation and debate associated with the proposed new Vail Village Townhouse District. Proponents of redevelopment have argued that the new zone district should allow more GRFA than the current High Density Multiple - Family District zoning to achieve the adopted policy object of encouraging redevelopment. Meanwhile, advocates for preservation have argued that the proposed new zone district should allow no more GRFA than is currently allowed under High Density Multiple - Family District zoning to achieve the adopted policy object of maintaining the residential character of the neighborhood. As discussed in past Town Council hearings, quantifying how much GRFA is currently allowed under High Density Multiple - Family District zoning is also a subject of debate. The Town's adopted zoning regulations include numerous GRFA deductions which do not result in a simple floor- area -ratio calculation for residential buildings. Additionally, the Town's adopted zoning regulations also includes the 250 Ordinance GRFA bonus which grants additional GRFA to some, not all, existing dwelling units regardless of existing non - conformities. The Town's adopted zoning regulations also include the Interior Conversion GRFA bonus with grants unlimited additional GRFA to some, not all, dwelling units to capture existing building volume such as crawlspaces and attics for additional floor area, again regardless on existing non - conformities. Any consolidation of these policies to establish an "existing allowed GRFA ratio" involves a variety of approximations and assumptions. The various combinations of approximations and assumptions used to quantify the existing allowable GRFA limits yield various results. Allowing an unlimited amount of GRFA in the proposed Vail Village Townhouse District will eliminate the need, and debate over how, to quantify the various GRFA policies into a single ratio for the new district. Allowing an unlimited amount of GRFA in the proposed Vail Village Townhouse District will streamline the development review process in that applicants will no longer need to demonstrate, and Staff will no longer need to verify, compliance with a floor area limit in this zone district. However, concerns have been expressed that allowing unlimited GRFA in only one zone district, without a comprehensive review of all the Town's adopted GRFA policies, creates a unique condition in one specific area of town that further confuses and complicates the Town's development review process. Town of Vail Page 3 Allowing an unlimited amount of GRFA in the proposed new zone district does not streamline the development review process by eliminating an applicant's requirement to provide GRFA calculations for the Town's review with every proposed addition and new construction development application. The Town's adopted parking regulations utilize GRFA to quantify the parking requirements for residential dwellings outside the designated commercial core parking areas. Today, the Vail Townhouse Condominiums and the Vail Row Houses are within the core area designation and are required 1.4 parking spaces per dwelling unit. However, Vail Trails Chalets, Vail Trails East, and the Texas Townhomes are outside the core area designation and their required parking is based upon how much GRFA is constructed ( <500 sq.ft. = 1.5 parking spaces, 500 to <2,000 sq.ft. = 2 parking spaces, 2,000 and greater = 2.5 parking spaces). Today properties located within the High Density Multiple - Family District are subject to the employee housing mitigation requirements of the Town's adopted Inclusionary Zoning regulations. The Vail Village Townhouse District is proposed to be subject to these same requirements. The employee housing mitigation requirements of the Town's adopted Inclusionary Zoning regulations are based upon GRFA. Every residential addition and new construction project under the current and proposed zone districts must mitigate the direct and secondary employee housing impacts on the community by mitigating 10% of the total new GRFA associated with that project. GRFA calculations will be required to quantify this mitigation requirement. Allowing an unlimited amount of GRFA in the proposed Vail Village Townhouse District will achieve the adopted policy objective of creating an incentive for redevelopment. However, the other development standards of the proposed district (height, setbacks, site coverage, landscape area, etc.) and the proposed design guidelines associated with the new district will be more heavily relied upon to achieve the adopted policy objective of maintaining the existing residential character of the neighborhood. HOW DOES LOWERING THE PROPOSED BUILDING HEIGHT LIMIT FROM 43 FEET TO 38 FEET ACHIEVE THE ADOPTED POLICY OBJECTIVES? Amending the allowable building height limits from one height to another height has no impact on streamlining the development review process. The building height limit in the High Density Multiple - Family District is 48 feet; however, none of the existing properties anticipated to be rezoned to the new Vail Village Townhouse District are currently built to that height. The tallest existing dwelling unit anticipated to be rezoned to the new district is Vail Row House #7, which is approximately 38.5 feet in height based upon the interpolated natural grade of the site. Therefore, only one existing property may be rendered legally non- conforming by this amended height limit regulation. On first reading of the proposed new Vail Village Townhouse District, the building height limit was approved to be 43 feet to match the maximum building height limit of Town of Vail Page 4 the adjacent Commercial Core 1 District zoned properties in Vail Village. A height limit of 43 feet or 38 feet still allows most of the subject properties the ability to expand upward from their current built conditions which accomplishes the adopted policy objective of creating incentives for redevelopment. However, this incentive is less than the incentive provided by the current zoning. Lowering the allowable building height in the new zone district from 43 feet to 38 feet to more closely match the maximum height of the existing built conditions better achieves the adopted policy objective of preserving the existing residential character of the neighborhood. HOW IS LANDSCAPING IN FRONT OF THE TOWNHOUSE BUILDINGS ADDRESSED BY THE PROPOSED NEW ZONE DISTRICT? The High Density Multiple - Family District requires a minimum of 30% of a site to be landscape area. On first reading, the proposed Vail Village Townhouse District was approved with a landscape area requirement of 20% to address the various existing non - conforming properties. Based upon the Vail Town Council's August 7, 2012, deliberations, the attached ordinance has been amended to require 30% landscape area as required by the current zoning. This amendment will have a negative effect on the adopted policy objective of streamlining the development review process since more properties will be non- conforming related to landscape area with a 30% requirement than a 20% requirement. Additionally, a 30% landscape area requirement is less of an incentive for redevelopment than a 20% requirement. However, the amended 30% landscape area requirement will better achieve the adopted policy objective of preserving the existing residential character of the neighborhood. The proposed amendments to the Vail Village Master Plan reviewed at the Council's previous hearings included a design guideline for landscaping to create privacy and to soften the transition from parking areas and streets to the building fagade. As defined by the adopted Vail Town Code, hardscape areas such as patios, sidewalks, etc. are defined as landscape area. Based upon the Town Council's August 7th deliberations, Staff recommends modification to the proposed guideline that more clearly identify the need for landscape plantings, not only hardscape, at the front of townhouse buildings. Under both the current and proposed zoning, townhouse properties are subject to the adopted, general landscaping design guidelines of Title 14, Development Standards, Vail Town Code. WHY IS STAFF PROPOSING AMENDMENTS TO THE PURPOPSE SECTION OF THE NEW ZONE DISTRICT? Throughout the review of the proposed Vail Village Townhouse District all discussions and deliberations have been grounded in the understanding that the proposed district is intended to address specific existing townhouse properties in Vail Village: Vail Townhouse Condominiums, Vail Row Houses, Vail Trails Chalet, Town of Vail Page 5 Vail Trails East and Texas Townhomes. The proposed new district is not intended to be applied to other existing or proposed townhouse properties located within or outside of Vail Village. The proposed amendments to the Vail Village Master Plan recommend the proposed new zone district and associated design guidelines be applied to the discussed specific properties which are located within the East Gore Creek sub -area of the Vail Village Master Plan. Staff recommends amending the purpose statement of the Vail Village Townhouse District to further clarify which specific properties this district is intended to be applied. IV. BACKGROUND On November 14, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, to the Vail Town Council for the proposed Ordinance No. 2, Series of 2012, and , Resolution No. 7, Series of 2012, by a vote of 4 -1 -1 (Rediker opposed and Pratt recused). On February 21, 2012, the Vail Town Council held a work session to discuss the proposed ordinance and resolution establishing the Vail Village Townhouse District and the associated Vail Village Master Plan amendments. At that hearing the Council asked questions concerning the heights of nearby buildings, how the existing GRFA development potential was calculated, and how changes to the GRFA ratios could affect the massing of the subject townhouse buildings. On April 3, 2012, the Vail Town Council held a public hearing to discuss the proposed ordinance and resolution. The Vail Town Council tabled these items to its May 1, 2012, hearing to provide the former applicants, Mauriello Planning Group and KH Webb Architects, an opportunity to construct additional visual models illustrating the various considered GRFA ratios (1.25, 1.35, 1.50, etc.) On May 1, 2012, the Vail Town Council approved the first reading of Ordinance No. 2, Series of 2012, by a vote of 6 -0 -1 (Foley opposed), with the modification that Section 12 -6J -9 allows not more than one hundred twenty five square feet of GRFA for each one hundred square feet of total site area (i.e. 1.25 GRFA ratio). On May 15, 2012, the Vail Town Council held another public hearing on the proposed new zone district. The Council tabled the application for further deliberation. On July 17, 2012, the Vail Town Council held a work session to discuss the proposed new zone district. A majority of the Vail Town Council re- affirmed: • the problems associated with existing townhouse properties being zoned High Density Multiple - Family District • a new zone district should be established to address the problems associated with the current zoning of townhouse properties • one policy objective of the new district is to streamline the development review process Town of Vail Page 6 • one policy objective of the new district is to create incentives for redevelopment of existing townhouse properties • another policy objective of the new district is to preserve the existing residential character of the townhouse properties and the neighborhood The Council's work session included a general discussion about the Town's adopted gross residential floor area (GRFA) regulations and a discussion about the appropriate GRFA limits in the proposed new zone district including the options of a GRFA ratio of 1.25, a ratio of 1.50, and eliminating GRFA in this new district. On August 7, 2012, the Vail Town Council tabled the proposed ordinance and resolution, and directed Staff to prepare amendments to the proposed new zone district to allow an unlimited amount of GRFA, a lower building height limit of 38 feet, maintain the current 30% landscape area requirements, and to add additional front yard landscaping guidelines in the new zone district. V. ACTION REQUESTED OF THE COUNCIL The applicant requests that the Vail Town Council approves Ordinance No. 2, Series of 2012, on second reading. The applicant also requests that the Vail Town Council approves Resolution No. 7, Series of 2012. VI. RECOMMENDATION Ordinance No. 2, Series of 2012 On November 14, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, to the Vail Town Council for the proposed ordinance. Should the Vail Town Council choose to approve Ordinance No. 2, Series of 2012; the Planning and Environmental Commission recommends the Council pass the following motion: "The Vail Town Council approves, on second reading, Ordinance No. 2, Series of 2012, an ordinance amending Chapter 12 -6, Residential Districts, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. " Should the Vail Town Council choose to approve this ordinance, the Planning and Environmental Commission recommends the Vail Town Council makes the following findings: "Based upon the review of the criteria outlined in Section V of Staff's November 14, 2011, memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Vail Town Council finds: Town of Vail Page 7 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. " Resolution No. 7. Series of 2012 On November 14, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, to the Vail Town Council for the proposed resolution. Should the Vail Town Council choose to approve Resolution No. 7, Series of 2012; the Planning and Environmental Commission recommends the Council pass the following motion: "The Vail Town Council approves Resolution No. 7, Series of 2012, a resolution amending Chapter Vll, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6), Vail Village Master Plan, pursuant to Chapter Vlll, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. " Should the Vail Town Council choose to approve this resolution, the Planning and Environmental Commission recommends the Vail Town Council makes the following findings: "Based upon the review of the criteria outlined in Section V of Staff's November 14, 2011, memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Vail Town Council 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 Town of Vail Page 8 established character as a resort and residential community of the highest quality. " VII. ATTACHMENTS A. Ordinance No. 2, Series of 2012 B. Resolution No. 7, Series of 2012 Town of Vail Page 9