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):
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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.
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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
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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,
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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
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• 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