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HomeMy WebLinkAboutPEC130020.pdf Department of Community Development 75 South Frontage Road Vail, CO 81657 Tel: 970-479-2128 www.vailgov.com Development Review Coordinator Amendment to District Boundaries (Rezoning) or Zoning Ordinance Application for Review by the Planning and Environmental Commission General Information: An amendment of the zoning regulations or change in zone district boundaries may be initiated by the Town Council, by the Planning and Environmental Commission, by petition of any resident or property owner in the Town, or by the Administrator. Required criteria and findings for such petition are stated in Section 12-3-7C, Vail Town Code. Relevant sections of the Vail Town Code can be found on the Town’s website at www.vailgov.com. The proposed project may also require other permits or applications and/or review by the Design Review Board and/or Town Council. Fee: $1300 Description of the Request: Physical Address: Parcel Number: (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Property Owner: Mailing Address: Phone: Owner’s Signature: Primary Contact/ Owner Representative: Mailing Address: Phone: E-Mail: Fax: For Office Use Only: Cash___ CC: Visa / MC Last 4 CC # _________ Exp. Date: ________ Auth # _________ Check # ____________ Fee Paid: __________________________________ Received From: ____________________________________ Meeting Date: ______________________________ PEC No.: _________________________________________ Planner: ___________________________________ Project No: _______________________________________ Zoning: ____________________________________ Land Use: ________________________________________ Location of the Proposal: Lot:________ Block:________ Subdivision:_______________________________________ JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER The applicant must submit written joint property owner approval for applications affecting shared ownership properties such as duplex, condominium, and multi-tenant buildings. This form, or similar written correspondence, must be completed by the adjoining duplex unit owner or the authorized agent of the home owner’s association in the case of a condominium or multi-tenant building. All completed forms must be submitted with the applicants completed application. I, (print name) ______________________________________________, a joint owner, or authority of the association, of property located at _______________________________________________________, provide this letter as written approval of the plans dated _______________________________________ which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address noted above. I understand that the proposed improvements include: I understand that modifications may be made to the plans over the course of the review process to ensure compliance with the Town’s applicable codes and regulations; and that it is the sole responsibility of the applicant to keep the joint property owner apprised of any changes and ensure that the changes are acceptable and appropriate. Submittal of an application results in the applicant agreeing to this statement. ___ Signature Date Print Name PLANNING AND ENVIRONMENTAL COMMISSION PROCESS Pre-application Meeting A pre-application meeting with Town of Vail Staff is not required; however, highly recommended. The purpose of a pre- application meeting is to identify any critical issues pertaining to the proposal and to determine the appropriate development review process for an application. Please call the Development Review Coordinator at 970-479-2128 to schedule a meeting. Deadlines and Meeting Dates The Planning and Environmental Commission meets on the 2nd and 4th Mondays of each month beginning at 1:00 pm. Complete applications are due in the Office of Community Development no later than 12:00 noon on the submittal deadlines below: Application Submittal Submit all required information under the submittal requirements section of this application by the deadlines stated above. Incomplete applications will not be processed. Upon receipt of a complete application, the Community Development Department shall review the submitted materials for general compliance with the appropriate requirements of the zoning code. If the application is not in compliance with zoning code requirements, the application and submittal materials shall be returned to the applicant with a written explanation of non-compliance. Planning and Environmental Commission Meeting Requirements 1. Prior to the meeting, for new construction and additions, the applicant must stake and tape the project site to indicate property lines, proposed buildings and building corners. All trees proposed to be removed must be marked. The applicant must ensure that staking done during the winter is not buried by snow. 2. The applicant, or their representative(s), shall be present at the Planning and Environmental Commission public meeting. The item will be postponed if the applicant fails to appear before the Planning and Environmental Commission, on their scheduled meeting date. SUBMITTAL REQUIREMENTS The Town of Vail offers two (2) methods for submittal of materials for review of applications. Materials can be submitted either digitally or on paper. Whichever method you select all materials shall be submitted in that format throughout the Design Review process. The Town encourages you to consider using the submittal of digital documents and plans. If submitting digitally all elements of the application shall be uploaded to the Town’s share file site as a complete set of materials. If submitting paper three (3) copies of the materials noted with an asterisk (*) and one (1) copy of all others are required. The materials necessary to have a complete application are as follows: Application for Text Amendment The Community Development Department initiated a series of text amendments that were codified through Ordinance #12 of 2008. These amendments were related to Conditional Use permits and processes, allowance of EHU’s as permitted uses, allowance of ATM’s as permitted uses and the allowance of communication antennas as a permitted use in certain zone districts. This last item was accomplished through separating Communication antennas and appurtenant equipment out from Public utility and public Service uses and listing it as a permitted or conditional use in various zone districts. According to the staff memo to the Planning and Environmental Commission of June 23, 2008, the intent was to allow Communication antennas and appurtenant equipment as a permitted use in three districts, Housing, CC-3 and General Use while having it remain a conditional use in the Town’s other zone districts. This was largely accomplished with one exception. This new use was not inserted as a conditional use in the CC-1 and LDMF Districts where it was previously a conditional use under the umbrella of Public utility and public service uses. Staff has not identified any specific reasoning for this exclusion in any documents related to these text amendments. The Communication antennas and appurtenant equipment use was included as a conditional use in the R, PS, RC, HR, SFR, MDMF, HDMF, PA, CSC, ABD, HS, LMU-1, LMU-2, OR, SBR, SBR-2, and PD districts. Staff has initiated this text amendment to allow Communications antennas and appurtenant equipment as a Conditional Use in the CC-1 and LDMF districts. This is in response to the upcoming distributed antenna system project that will be proposing an undetermined number of antennas to enhance the wireless capabilities within the Town of Vail. Some of these antennas may be proposed within the CC-1 and LDMF districts. A preliminary analysis of the approval criteria is as follows: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and The proposed amendment is not intended to introduce uses not previously contemplated, reviewed or approved as conditional uses in the CC-1 and LDMF Districts but rather to correct an omission resulting from a previous amendment. As such, this amendment furthers the general and specific purposes of the Zoning Regulation. 2. The extent to which the text amendment would better implement and better achieve 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 The proposed amendment is not intended to introduce uses not previously contemplated, reviewed or approved as conditional uses in the CC-1 and LDMF Districts but rather to correct an omission resulting from a previous amendment. As such, this amendment assists in achieving 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 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The proposed amendment is meant to correct an accidental omission in the regulations resulting from an earlier text amendment. Staff finds this criteria to not be applicable. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. As the proposed amendment is not intended to introduce uses not previously contemplated, reviewed or approved as conditional uses in the CC-1 and LDMF Districts but to rather correct an accidental omission, Staff believes the proposed text amendment will continue to facilitate and provide a harmonious, convenient, workable relationship among land use regulations that are consistent with the Town of Vail master plans and development objectives. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment.