HomeMy WebLinkAboutLions Ridge Village Apartments Zoning Compliance Letter 0717
July 17, 2014
TCF National Bank
11100 Wayzata Boulevard, Suite 600
Minnetonka, Minnesota 55305
Re: Lions Ridge Village Apartments Property legally described on Exhibit A attached
hereto
Ladies and Gentlemen:
I am familiar with the above-described property (the “Property”). The Property is located within the corporate limits of the Town of Vail, Colorado.
Based
on my familiarity with the Property, I have determined that the improvements on the Property and their use as a multi-family apartment project with related amenities comply in all respects
with all applicable ordinances, zoning, subdivision, platting, parking, environmental and land use requirements, without special variance or exception.
Based on Town records, it appears
that all utility services necessary for such improvements and the operation thereof for their intended purpose are available to the Property, including water, drainage, storm and sanitary
sewer, electric, gas and telephone facilities.
The Property is not located within an established flood plain.
The Property is currently zoned Housing District. Attached is a copy of
the Town’s ordinance relating to said zoning classification. The proposed use of the Property is a permitted use under said zoning classification.
Very truly yours,
George Ruther,
AICP
Director of Community Development
Town of Vail
EXHIBIT A
Lot 2, Timber Ridge Subdivision, a Resubdivision of Lion’s Ridge Subdivision, Block C, a Resubdivision of Lots 1, 2, 3, 4 & 5, Town of Vail, County of Eagle, State of Colorado.
ARTICLE I. HOUSING (H) DISTRICT
12-6I-1: PURPOSE:
12-6I-2: PERMITTED USES:
12-6I-3: CONDITIONAL USES:
12-6I-4: ACCESSORY USES:
12-6I-5: SETBACKS:
12-6I-6: SITE COVERAGE:
12-6I-7: LANDSCAPING
AND SITE DEVELOPMENT:
12-6I-8: PARKING AND LOADING:
12-6I-9: LOCATION OF BUSINESS ACTIVITY:
12-6I-10: OTHER DEVELOPMENT STANDARDS:
12-6I-11: DEVELOPMENT PLAN REQUIRED:
12-6I-12: DEVELOPMENT
PLAN CONTENTS:
12-6I-13: DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION:
12-6I-1: PURPOSE:
The housing district is intended to provide adequate sites for employee housing which, because
of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone districts. It is necessary in
this zone district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in section 12-1-2 of this title
and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district.
The housing district is intended to ensure that employee housing permitted in the zone district is appropriately located and designed to meet the needs of residents of Vail, to harmonize
with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. (Ord. 29(2005) § 23: Ord. 19(2001) § 2: Ord. 3(2001)
§ 2)
12-6I-2: PERMITTED USES:
The following uses shall be permitted in the H district: Bicycle and pedestrian paths. Communications antennas and appurtenant equipment. Employee
housing units, as further regulated by chapter 13 of this title. Passive outdoor recreation areas, and open space. (Ord. 12(2008) § 10)
12-6I-3: CONDITIONAL USES:
The following
conditional uses shall be permitted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title:
Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of
the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit: Automated
teller machines (ATMs) exterior to a building. Banks and financial institutions. Business offices and professional offices, as further regulated by section 12-16-7 of this title. Child
daycare facilities. Eating and drinking establishments. Funiculars and other similar conveyances. Health clubs. Personal services, including, but not limited to, laundromats, beauty
and barber shops, tailor shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing units) subject to the following criteria to be evaluated
by the planning and environmental commission:
A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and
B. Dwelling units are not the
primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and
C. Dwelling units are only created in
conjunction with employee housing, and
D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties.
Outdoor
patios. Public and private schools. Public buildings, grounds and facilities. Public parks and recreational facilities. Public utilities installations including transmission lines
and appurtenant equipment. (Ord. 12(2008) § 10)
12-6I-4: ACCESSORY USES:
The following accessory uses shall be permitted in the H district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12
of this title. Minor arcades. Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, or recreation facilities customarily incidental to permitted
residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. (Ord. 29(2005) § 23: Ord. 19(2001) § 2:
Ord. 3(2001) § 2)
12-6I-5: SETBACKS:
The setbacks in this district shall be twenty feet (20') from the perimeter of the zone district. At the discretion of the planning and environmental
commission, variations to the setback standards may be approved during the review of a development plan subject to the applicant demonstrating compliance with the following criteria:
A.
Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas.
B. Proposed building
setbacks will provide adequate availability of light, air and open space.
C. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties.
D.
Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. Variations
to the twenty foot (20') setback shall not be allowed on property lines adjacent to HR, SFR, R, PS, and RC zoned properties, unless a variance is approved by the planning and environmental
commission pursuant to chapter 17 of this title. (Ord. 19(2001) § 2: Ord. 3(2001) § 2)
12-6I-6: SITE COVERAGE:
Site coverage shall not exceed fifty five percent (55%) of the total
site area. At the discretion of the planning and environmental commission, site coverage may be increased if seventy five percent (75%) of the required parking spaces are underground
or enclosed, thus reducing the impacts of surface paving provided within a development, and that the minimum landscape area requirement is met. (Ord. 19(2001) § 2: Ord. 3(2001) § 2)
12-6I-7:
LANDSCAPING AND SITE DEVELOPMENT:
At least thirty percent (30%) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall
be fifteen feet (15') with a minimum area not less than three hundred (300) square feet. (Ord. 19(2001) § 2: Ord. 3(2001) § 2)
12-6I-8: PARKING AND LOADING:
Off street parking shall be provided in accordance with chapter 10 of this title. No parking or loading area shall be located within any required setback
area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in chapter 10 of this title may be approved during the review of a
development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in
the parking requirements based on a demonstrated need for fewer parking spaces than chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required
parking could include:
A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services.
B. A limitation placed
in the deed restrictions limiting the number of cars for each unit.
C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle
service, or staggered work shifts. (Ord. 19(2001) § 2: Ord. 3(2001) § 2)
12-6I-9: LOCATION OF BUSINESS ACTIVITY:
A. Limitation; Exception: All conditional uses in section 12-6I-3 of
this article shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by
a conditional use permit and the outdoor display of goods.
B. Outdoor Display Areas: The area to be used for outdoor display must be located directly in front of the establishment displaying
the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. (Ord. 19(2001)
§ 2: Ord. 3(2001) § 2)
12-6I-10: OTHER DEVELOPMENT STANDARDS:
A. Prescribed By Planning And Environmental Commission: In the H district, development standards in each of the following
categories shall be as proposed by the applicant, as prescribed by the planning and environmental commission, and as adopted on the approved development plan:
1. Lot area and site dimensions.
2.
Building height.
3. Density control (including gross residential floor area). (Ord. 19(2001) § 2: Ord. 3(2001) § 2)
12-6I-11: DEVELOPMENT PLAN REQUIRED:
A. Compatibility With Intent: To ensure the unified development, the protection of the natural environment, the compatibility with the surrounding area and to assure that development
in the housing district will meet the intent of the zone district, an approved development plan shall be required.
B. Plan Process And Procedures: The proposed development plan shall
be in accordance with section 12-6I-12 of this article and shall be submitted by the developer to the administrator, who shall refer it to the planning and environmental commission,
which shall consider the plan at a regularly scheduled meeting.
C. Hearing: The public hearing before the planning and environmental commission shall be held in accordance with section
12-3-6 of this title. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application.
The decision of the planning and environmental commission may be appealed to the town council in accordance with section 12-3-3 of this title.
D. Plan As Guide: The approved development
plan shall be used as the principal guide for all development within the housing district.
E. Amendment Process: Amendments to the approved development plan will be considered in accordance
with the provisions of section 12-9A-10 of this title.
F. Design Review Board Approval Required: The development plan and any subsequent amendments thereto shall require the approval
of the design review board in accordance with the applicable provisions of chapter 11 of this title prior to the commencement of site preparation. (Ord. 29(2005) § 23: Ord. 19(2001)
§ 2: Ord. 3(2001) § 2)
12-6I-12: DEVELOPMENT PLAN CONTENTS:
The administrator shall establish the submittal requirements for a development plan application. A complete list of the
submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements may be waived and/or modified by
the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable
to the planning documents that comprise the Vail comprehensive plan. The administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications,
samples and other materials if deemed necessary to properly evaluate the proposal. (Ord. 29(2005) § 23: Ord. 5(2003) § 3: Ord. 19(2001) § 2: Ord. 3(2001) § 2)
12-6I-13: DEVELOPMENT
STANDARDS/CRITERIA FOR EVALUATION:
The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant
to demonstrate that the proposed development plan complies with all applicable design criteria.
A. Building design with respect to architecture, character, scale, massing and orientation
is compatible with the site, adjacent properties and the surrounding neighborhood.
B. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the
community as a whole.
C. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for
access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and, when possible, are integrated with existing open space and recreation
areas.
D. A pedestrian and vehicular circulation system is designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development.
E. Environmental
impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part
of the proposed development plan.
F. Compliance with the Vail comprehensive plan and other applicable plans. (Ord. 29(2005) § 23: Ord. 19(2001) § 2: Ord. 3(2001) § 2)