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HomeMy WebLinkAbout2002-01-08 Support Documentation Town Council Work SessionVAIL TOWN COUNCIL WORK SESSION TUESDAY, JANUARY 8, 2002 1:00 P.M. IN TOV COUNCIL CHAMBERS AGENDA SPECIAL MEETING OF THE VAIL LOCAL MARKETING DISTRICT (VLMD) WITH THE VAIL TOWN COUNCIL SITTING AS THE BOARD OF DIRECTORS FOR THE VLMD. (45 MIN.) • Discussion of Adding a Member from the Commission on Special Events (CSE) • Introduce Term Appointments • Establish Criteria for Appointment to Vail Local Marketing District Advisory Council (VLMDAC) • Changing Vendor Contract Periods 1. ITEM/TOPIC: Appointment to the Vail Valley Chamber and Tourism Bureau (the merged organization for the Vail Valley Tourism and Convention Bureau and the Vail Valley Chamber of Commerce.) (5 min.) 2. .ITEM/TOPIC: Discussion of Commission on Special Events. Pam Brandmeyer (45 min.) • CSE Paid Facilitator/Organization Council Transfer of Special Events/General Fund Marketing Dollars • Voting Member from CSE appointed to VLMDAC 3. ITEM/TOPIC: Vail Business Index Discussion. (10 min.) Rick Scalpello 4. ITEM/TOPIC: Discussion on VRI's Request to Run Golf Carts Between Golden Peak and the Vista Bahn. (15 min.) 5. ITEM/TOPIC: First reading of Ordinance No. 1 Series of 2002, An ordinance amending the Official Zoning Map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; rezoning Lot 3, Vail Village West Filing 2 to "Single-Family Residential Zone District"; and setting forth details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications or deny Ordinance No. 1 on first reading. BACKGROUND RATIONALE: On November 12, 2001, the applicant appeared before the Town of Vail Planning & Environmental Commission with three development review applications for the Commission's evaluation and consideration. The applications were for a minor subdivision of Lots 2 & 3, Vail Village West Filing No. 2, a variance from the minimum lot area and site dimension requirements for Lot 2, and a request for a recommendation to rezone Lot 3 from Two-Family Primary/Secondary to Single-Family Residential Zone District. The Commission approved the minor subdivision and variance and has forwarded a unanimous recommendation of approval of the rezoning request to the Vail Town Council. A copy of the staff memorandum to the PEC and the approved minutes have been attached for reference. RECOMMENDATION: The Department of Community Development recommends the Vail Town Council approve Ordinance No. 1, Series of 2002 on first reading. 6. DRB/PEC Report. (5 min.) 7. Information Update (5 min.) 8. Matters from Mayor and Council (5 min.) 9. Executive Session: Legal Matters C.R.S. 24-6-402(4)(b) and Property Acquisition C.R.S. 24-6-402(4)(a). (1 hour) 10. Adjournment. (4:35 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, JANUARY 15, 2001, BEGINNING AT 2:00 P.M. IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, JANUARY 15, 2001, BEGINNING AT 7:00 P.M. IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479- 2332 voice or 479-2356 TDD for information. VAIL BUSINESS INDEX REPORT FOR WEEK ENDING: Vaillndex 100 Village Core Meadow Dr. Lionshead West Vail WEEK OF: DEC 28 # ua down # flat Total 9 12 0 21 6 6 2 14 5 12 1 18 6 9 0 15 DEC 28 ~S ~~~~~~ '~3 WINTER TO DATE ## uu # down # flat Total 6 13 2 21 6 8 0 14 4 14 0 18 6 9 0 15 WEEK OF: DEC 28 WINTER TO DATE RETAIL YEAR-TO-YEAR % YEAR-TO-YEAR VILLAGE CORE - DEG 23 29.6% 17.8% VILLAGE CORE - DEC 24 72.8% 42.4% VILLAGE CORE - WEEK 20.4% 9.8% MEADOW Dr. -DEC 23 -18.2% _ '15.7% MEADOW Dr.- DEC 24 18.6% 14.7% MEADOW Dr.-WEEK -4.8% ~•7% LIONSHEAD -DEC 23 -11.8% -15.0% LIONSHEAD -DEC 24 20.5% 9.9% LIONSHEAD -WEEK 1.6% -7.4% WEST/EAST VAIL -WEEK 5.4% 6.2% WEEK OF: DEC 28 WINTER TO DATE LODGING YEAR-TO-YEAR % YEAR-TO-YEAR VILLAGE -DEC 23 -4.7% 0 -6.4/0. VILLAGE -DEC 24 -3.9% 0 ° VILLAGE -WEEK -8.3°/u -10.4% LIONSHEAD -DEC 23 2.2% -7.6% LIONSHEAD -DEC 24 6.4% 0 0.3 0 LIONSHEAD -WEEK -5.9% -11.6% WEST/EAST VAIL -DEC 23 1.1% 1.1% WEST/EAST VAIL -DEC 24 -0.8% -0.8% WEST/EAST VAIL -WEEK -10.0% -10.0% WEEK OF: DEC 28 WINTER TO DATE RESTAURANT YEAR-TO-YEAR % YEAR-TO-YEAR VILLAGE CORE -DEC 23 -5.8% -21.0% VILLAGE CORE -DEC 24 -3.8% '12.4% VILLAGE CORE -WEEK -8.4% '17.8% MEADOW Dr. -DEC 23 -4.4% -6.0% MEADOW Dr.-DEC 24 21.8% 17.2% MEADOW Dr.- WEEK 4.4% 1.2%- LIONSHEAD -DEC 23 -6.1% -20.5% LIONSHEAD -DEC 24 -2.8% -10.3% LIONSHEAD -WEEK -4.9% -14.4% WEST/EAST VAIL -DEC 23 -5.3% -8.2% WEST/EAST VAIL -DEC 24 35.0% 12.6% WEST/EAST VAIL -WEEK -2.3% -4.3% VAIL BUSINESS INDEX PARTICIPANTS VILLAGE MEADOW DRIVE LIONSHEAD EASTIWEST VAIL RETAIL American Ski Exchange Bag 8 Pack Cabbages 8~ Kings Ace Hardware Colorado Footwear Baggage Cheque General Store Alpine Wine 8~ Spirits Covered Bridge Store Eye Pieces Vail Ski 8~ Bike Tech Seven Eleven Eye Pieces Finishing Touch Vail Snowboard Supply Sim's Market Golden Bear Grappa Fine Wines Vail T-Shirts West Vail Liquor Gorsuch Scotch on the Rockies Vail Sports -Landmark John Galt To Catch a Cook Younger Generation Laughing Monkey Valbruna Roxy Rucksack Squash Blossom Vail Sports LODGING Lodge at Vail Evergreen LiftHouse Apollo Park Sitrmark Lodge Mountain Haus Lionshead Inn Park Meadows Tivoli Lodge Sonnenalp Resort Lion Square Lodge Racquet Club Lodge at Lionshead Sandstone Creek Club Montaneros Simba Run Vail Spa RESTAURANT Left Bank Campo de Fiori Bart 8~ Yeti Half Moon Saloon Los Amigos China Garden Kaltenberg Castle McDonalds Ore House Hubcap KB Ranch Subway Russell's La Botegga Montauk Taco Bell Vendetta's La Tour Subway Wendy's Pazzo's MEMORANDUM" TO: Vail Town Council FR: Bob McLaurin Town .Manager DT: January 3, 2002 RE: Request for motorized use of bike. path Enclosed in the packet is a letter from Vail Resorts requesting use of the bike path between the Vista Bahn ski yard and Golden Peak. As indicated in the letter the ski company would like to move guests between the two portals with two six-passenger golf carts. VRI considers this a pilot program and is requesting this use on a temporary basis. The ski company has indicated they would assume responsibility for plowing the bike paths to ensure the safe operation of the carts. We have also enclosed a map of the proposed route. As you will recall, the Council has discussed the use of golf carts on several occasions, most recently was the request by the Vail Mountain Lodge. The existing ordinance prohibits the use of motorized vehicles on the path. If the Council wishes to entertain this request, perhaps the best approach is to grant the request for a specific period of time. At the end of the trial period, the. Council could discontinue the use, or amend the ordinance to allow this activity. Vail. November 27, 2001 Mr. Bob McLaurin Town Manager Town of Vail Resorts, Inc. 75 S. Frontage Road Vail, CO 81657 Dear Bob: I would like to conduct a pilot program this winter. North America's #7 Resort In an effort to improve guest service in the Ski & Snowboard school in Vail, we are considering the purchase of [2] six passenger golf carts. The issue these vehicles would address is the movement of guests between Vail Village and Golden Peak Ski Schools. We understand to accomplish this we will need approval of the operating routes. I have included a map of our two proposed possibilities. Please advise me as to the process from this point. Feel free to call me on my cell 331-5937 any time. Thank you for your help in this matter. Sincerely, 1 at~-~ Brian McCartney Vice President, `Jail Mountain Operations Vail Associates, Inc. Post Office Box 7 Vail, Colorado 81658 970-845-2500 www.vail.com i~ NAIL RESORTS' ORDINANCE NO. 11 SERIES OF 2001 AN ORDINANCE REGULATING NEIGHBORHOOD ELECTRIC VEHICLES WHEREAS, vehicles classified as neighborhood electric vehicles or golf carts have been used in a very limited manner within the Town of Vail; and WHEREAS, there are presently no Town of Vail regulations governing their use, and WHEREAS, the Vail Town Council desires to adopt regulations which are consistent with and reflect the current uses of neighborhood electric vehicles in the Town of Vail. NOW,. THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL THE TOWN OF VAIL, COLORADO that: Section 1. TITLE 7, MOTOR VEHICLES AND TRAFFIC, is hereby amended to include CHAPTER 8, NEIGHBORHOOD ELECTRIC VEHICLES, as follows: 7-8-1: Definitions 7-8-2: Limitations on Operation 7-8-3: Liability 7-8-4: Designated. Uses 7-8-5: Exemptions 7-8-6: Prohibited Acts 7-8-7: Violation; Penalty 7-8-1 DEFINITIONS: When used in this chapter, the words and phrases defined in this Section shall have the meanings respectively ascribed to them as follows: NEIGHBORHOOD ELECTRIC VEHICLE (NEV): A self propelled, electrically powered motor vehicle that has a speed attainable in one mile that does not exceed twenty-five miles per hour. CLASS I NEV: A neighborhood electric vehicle used for the exclusive purpose of transporting goods from one location to another, and operated by a licensed driver. A Class I NEV must contain the following equipment: 1. Head lamps 2. Tail lamps with brake light. 3. Brakes. 4. Tires with adequate tread. A Class I NEV may carry passengers who are employed by the operating entity and are travelling from one point to another for }ob-related activities. CLASS II NEV: A neighborhood electric vehicle used for the exclusive purpose of transporting persons engaged in the playing of, or maintenance involving, a round of golf at the Vail Golf Course. Class II NEV's must contain the following equipment: 1. Brakes 2. Tires with adequate tread and may only be operated by valid, licensed drivers. COMMERCIAL CORE I & II: Those areas previously defined as "Core Area Parking Map I -Vail Village" and "Core Area Parking-Map II - Lionshead." LOADING AND DELIVERY OPERATION: The transport of goods from an origination point to any other points, related to the maintenance and upkeep of a licensed business. GOLF OPERATION:. The transport of persons playing golf, or maintaining the golf course. 7-8-2 LIMITATIONS ON OPERATION: Neighborhood Electric Vehicles may only be used for Loading and Delivery Operation and Golf Operation in designated areas, and will at all times yield to pedestrians, bicycles and motor vehicles. 7-8-3 LIABILITY: Each commercial entity operating a Neighborhood Electric Vehicle is liable for that vehicle. Liability insurance coverage varies, and each entity operating a NEV must verify their coverage with the Town. 7-8-4 DESIGNATED USES: Commercial Core I 1. Class I NEV Permitted to travel East Meadow Drive from Vail Road to the Austria Haus westernmost entrance. Also permitted to travel Vail Road from East Meadow Drive. to the West Side Sonnenalp loading dock. 2. Class II NEV No permitted uses in Commercial Core I. b. Commercial Core II 1. Class I NEV No permitted uses in Commercial Core II. 2. Class II NEV _ No permitted uses in Commercial Core II. c. Golf Course Operations Due to the location of the golf course maintenance facility, on Vail Valley Drive, Class II NEV 's and similar gas powered maintenance carts may operate in these areas: Sunburst Drive from the Vail Golf Course clubhouse to Vail Valley Drive, and Vail Valley Drive from Sunburst Drive to the crossover from hole six to hole seven. Class 11 NEV's may also cross Sunburst Drive between holes one and two and holes eight and nine. 7-8-5 EXEMPTIONS: A. Special Events The Town recognizes that NEV's can be useful tools to assist the elderly and handicapped in certain situations, and grants the Chief of Police or his designee the power to approve limited, controlled use of Class I or II NEV's when specially requested in other areas of the Town. Such uses shall not include travel on any Frontage Road, Interstate 70 or Bighorn Road, and may not exceed a distance of one-quarter mile from their point of origin when in operation. The Police Department may also designate a section of Vail Valley Drive from Northwoods condominiums to the East End of the Soccer Field as open to approved NEV travel during special community events. Such use must be confined to event- sponsored travel. Normal Class I NEV's operating in Commercial Core I are limited to their typical boundaries, and may not use these times as an extension of their service area. B. Ford Park Class I and II NEV's may travel the paved paths which immediately surround the Ford Park and Gerald Ford Amphitheatre, including the two paved parking lots 4 commonly referred to as `Ford Park.' They may not travel any sidewalk bordering South Frontage Road, or South Frontage Road itself. The Town of Vail may limit the number of NEV's utilized in Ford Park at any one time. 7-8-6 PROHIBITED ACTS: The following acts are prohibited as relates to the operation of Neighborhood Electric Vehicles: A. Engaging in the transport of either passengers or goods, which are neither employees of nor property belonging to, the commercial entity operating the NEV. B. Picking up or dropping off of employees along any public roadway. C. Travelling on any Town of Vail dedicated recreation path or sidewalk not specifically indicated in this Chapter. D. Travelling on any portion of roadway not specifically indicated in this ordinance. E. Violating any moving traffic regulation of the State of Colorado or Town of Vail. 7-8-7 VIOLATION; PENALTY A. Responsibility for Compliance Shared: Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished for such offense as provided in section 7-1-6 of this Code. Soth the operator and the commercial entity that owns or controls the NEV are responsible for compliance with this chapter, and any or all of the same may be summonsed into Municipal Court, and any or all may be found guilty of a violation hereof. B. Any moving traffic violation will be subject to the same penalties prescribed in either Title 42 of the Colorado Revised Statutes, or the Municipal Traffic Code of the Town of Vail. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause 1 ~' or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 4. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of May, 2001, at 7:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Ma~or ATTEST: ,~.~~~~~A:::~r: ?'9'<. °"'~,~ u 'L+' ELL = L ei onaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 5th day of June, 2001. `~L~.~ .Ludwig Kurz, Mayo ATTEST: ,~ ,~~ Lmrelei onaldson, Town Clerk 4 ,~ ",~ ~ L - -= 1 ,~ .r - " . ORDINANCE NO. 1 Series of 2002 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP FOR THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING LOT 3, VAIL VILLAGE WEST, FlLING NO.2 FROM TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (P/S) DISTRICT TO SINGLE-FAMILY RESIDENTIAL (SFR) DISTRICT. WHEREAS, the Town Council finds that this zoning designation is compatible with and suitable to adjacent uses, is consistent with the Town's Land-Use Plan and Zoning Regulations, and is appropriate for the area; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this zoning map amendment at its November 12, 2001, meeting, and has submitted its recommendation to the Town Council; and WHEREAS, the Town Council considers it in the interest of the public health, safety, and welfare to amend the official Town of Vail Of#icial Zoning Map. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Official Zoning Map of the Town of Vail is hereby amended as follows: LOT 3, VAIL VILLAGE WEST, FILING NO. 2 shall be rezoned to Single-Family Residential (SFR) District. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that Ordinance No. 1, Series 2002 1 ,.. ~ r occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 8th day of January, 2002 and a public hearing for second reading of this Ordinance set for the 5th day of February, 2002, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 5th day of February, 2002. Ludwig Kurz, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance No. 1, Series 2002 2 Memorandum TO: Planning & Environmental Commission FROM: .Community Development Department DATE: November 12, 2001 SUBJECT: A request for a variance from Section 12-6D-5 (Lot Area and Site Dimensions), a minor subdivision of Lots 2 & 3, Vail Village. West, Filing No. 2, to allow for the relocation the common property line and a rezoning of Lot 3, Vail Village West, Filing No.2, from Two-family. Primary/Secondary zone district to Single-family zone district and. setting forth details in regard thereto, located at 1784 & 1794 South Frontage Road West/Lots 2 & 3 Vail Village West, Filing No. 2. Applicant: Phil Hagerman Planner George Ruther DESCRIPTION OF THE REQUESTS The applicant, Phil Hagerman, has submitted three development review applications to the Town of Vail Community Development Department. All three applications are associated with Lots 2 & 3, Vail Village West, Filing No 2, which are located at 1784 & 1794 South Frontage Road. The purpose of the applications is to facilitate the future residential development of Lots 2 & 3. The three applications are: 1. .Minor Subdivision The applicant is requesting an approval of a minor subdivision application for Lots 2 & 3, Vail Village West, Filing No. 2. Pursuant to Section 13-2-2 of the Vail Town Code, a Minor Subdivision is defined as "any subdivision containing not more than four (4) lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property. " The applicant is proposing to vacant the. existing common property line between Lots 2 & 3 and move it approximately 67' to the east. The net effect of vacating, and then replatting the common lot line, would be an increase in buildable area of Lot 2 and a reduction in buildable area of Lot 3. Please refer to the attachments for details. 2. Lot Area and Site Dimension Variance The applicant is requesting an approval of a variance from the minimum .lot area and site dimension requirements for Lot 2. Pursuant to Section 12-6D-5 of the Vail Town Code, "the minimum lot or site area shall be fifteen thousand (15, 000) square feet of buildable area, and each site shall have minimum frontage of thirty feet (30'). Each site shall be of a size and shape capable of enclosing a square area, eighty feet (80') on each'side, within its boundaries. " Lot 2 is currently non-conforming with regard to the minimum lot area and site dimension requirements. Specifically, the buildable area of Lot 2 is only 3,650 square feet when 15,000 square feet is required. The lot conforms to the size/shape and frontage requirements. According to Section 12-2-2 of the Vail Town Code, buildable area is defined as, "any site, lot, parcel or any portion thereof which does not contain designated flood plain, red hazard avalanche area, or areas in excess of forty percent (40!) slopes. " The applicant is requesting a variance, in association with the minor subdivision request, to resubdivide Lots 2 & 3 to create a reconfigured Lot 2 with an increased amount of buildable area. However, the resulting lot would not have15,000 square feet of buildable area, and therefore, a variance approval is required. If approved as proposed, Lot 2 would have approximately 4,000 square feet of additional buildable area bringing the total buildable area of Lot 2 to approximately 7,650 square feet. Lot 3 would continue to be in conformance with the minimum lot area and site dimension requirements (12,500 square feet buildable area), provided the rezoning request is approved. 3. Rezoning The applicant is proposing to rezone Lot 3, Vail Village West Filing No. 2. According to the Official Town of Vail Zoning Map, Lot 3 is zoned Two-Family Primary/Secondary Residential. The applicant is requesting an approval to rezone Lot 3 from Two-Family Primary/Secondary Residential zone district to Single-Family Residential zone district. The intent of the rezoning is to facilitate the residential development of Lot 2, Vail Village West Filing No. 2, and to maintain compliance with the applicable development standards for Lot 3. The main reason behind the rezoning proposal is that the buildable area requirement for lots zoned Single-Family Residential is 12,500. square rather than the 15,000 square feet required for the Two-Family Primary/Secondary Residential zone district. II. STAFF REeOMMENDATION MINOR SUBDIVISON The Community Development Department recommends approval of the proposed minor subdivision request based upon the review of the criteria outlined in Section V of this memorandum and subject to the following findings: 1. That the application complies with the intent and purposes of the Subdivision Regulations, the Zoning Ordinance and other pertinent regulations that the Planning & Environmental Commission deems applicable. 2. That the application is appropriate with regard to Town policies relating to subdivision control,: densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, and effects on the aesthetics of the Town. VARIANCE The Community Development Department recommends approval of the proposed variance from Section 12-6D-5, Vail Town Code, and is based upon the review of the criteria outlined in Section VI of this memorandum and subject to the following findings: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the Two-Family Primary/Secondary Residential zone district. 2. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Zoning Regulations. 3. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the Two-Family Primary/Secondary Residential zone district. 4. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. 5. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. REZONING The Community Development Department recommends that the Planning & Environmental Commission forward a recommendation of approval of the request to rezone of Lot 3, Vail Village West, Filing No. 2, from Two-Family Primary/Secondary Residential zone district to Single-Family Residential zone district. Staff's recommendation for approval is based upon the review of the criteria outlined in Section VII of this memorandum and subject to the following findings: 1. The proposed rezoning is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the Town of Vail's development objectives. 2. That the proposed rezoning is compatible with and suitable to adjacent uses and appropriate for the area. 3. That the proposed rezoning is in the best interest of the public health, welfare and safety. Should the Planning & Environmental Commission choose to grant the minor subdivision, variance and rezoning request, staff recommends the following conditions: 1. That the applicant submits a final plat of the resubdivision of Lots 2 & 3, Vail Village West, Filing No. 2, to the Town of Vail Community Development Department for review and approval prior to recording the plat with the Eagle County Clerk & Recorder. The final plat shall be recorded within one (1) year of the date of Planning & Environmental Commission approval III. BACKGROUND The final plat of the Vail Village West Subdivision, Filing No. 2 was approved by the Eagle County Planning Commission on April 22, 1965. In September of 1978, the Town of Vail annexed the Vail Village West Subdivision. Upon annexation of the area, Lot 3 was zoned Greenbelt and Natural Open Space, and Lot 2 was zoned Primary/Secondary Two-Family Residential. In May of 1984, the Town of Vail Planning & Environmental Commission recommended approval of a request to rezone Lot 3 from Greenbelt and Natural Open Space to Primary/Secondary Residential. The rezoning was approved on two readings of an ordinance by the Town Council on July 3, 1984 (Ordinance No. 19, Series of 1984). Lot 3 has been developed with asingle-family dwelling unit. The single-family dwelling unit has not used up all the development potential. Approximately 5,418 sq. ft. of GRFA is permitted on Lot 3 presently. Since its original creation as a lot, Lot 2 has been intended to be used as a residential lot. IV. ZONING ANALYSIS L~ Existing Pro op sed Zoning: P/S P/S Total Lot Area: 17,167 sq. ft. 23,532 sq. ft. Street Frontage: Minimum Lot Size (15,000 sq. ft. of Buildable Area): Does the lot meet the size/shape requirement of 80' x 80'? Allowable GRFA 335 it. 3,650 sq. ft. no 4,817 sq. ft. 402 ft. 7,819 sq. ft. yes 5,453 sq. ft. LOT 3 Existin Pro op sed P/S SFR 23,183 sq. ft. 16,816 sq. ft. 344 ft. 277 ft. 17,795 sq. ft yes 5,418 sq. ft. 13,626 sq. ft. yes 3,982 sq. ft. V. MINOR SUBDIVISION CRITERIA One of the basic premises of subdivision regulations is that the minimum standards for the creation of a new lot must be met. Although this proposal is not truly creating two new lots, instead, it is reconfiguring two existing lots. As a result, this project will be reviewed under the Minor Subdivision Criteria, pursuant to Titlel3, of the Vail Town Code. The first set of review criteria to be considered by the Planning and Environmental Commission for a Minor Subdivision Application are as follows: A. Lot Area -The Vail Town Code indicates that the minimum lot or site area for a property located within the Primary/Secondary Residential Zone District, shall be 15,000 sq. ft. (0.344 acre) of buildable area. The Code defines buildable area as any site, lot, parcel or any portion thereof, which does not contain designated floodplain, red hazard avalanche, or areas in excess of 40%. The existing Lot 2 does not currently meet the minimum lot area requirement set. forth above. Currently, the buildable area of Lot 2, as indicated in the Zoning Analysis above, is approximately 3,650 sq. ft. The proposed property line modification would increase the: buildable area of Lot 2 to approximately 7,819 sq. ft. The existing Lot 3, however, does currently meet the minimum lot area requirements for a lot zoned Two-Family Primary/Secondary Residential. The buildable area. of Lot 3 is currently 17,795 sq. ft. With the proposed property line modification, the buildable area of Lot 3 would be reduced to 13,626 sq. ft. B. Frontaae -The Vail Town Code requires that lots in the Two-Family Primary/Secondary Residential Zone District have a minimum frontage of 35'. Both Lots 2 & 3 currently have a street frontage in excess of 35' and the proposed minor subdivision will not have a negative effect on the frontage of either lot. C. Site Dimensions -The Vail Town Code requires that each lot be of a size and shape capable of enclosing a square area, 80 feet on each side, within its boundaries. Lot 2 currently does not meet the size and shape requirement for lots in the Primary/Secondary Residential Zone District. The proposed minor subdivision would create a lot of the size and shape necessary to enclose a square area, 80' on each side, within its new boundaries. Additionally, Lot 3 currently meets the size and shape requirement and would continue to meet the requirement with the proposed minor subdivision. The second set of criteria to be considered with a minor subdivision request are as outlined in the subdivision regulations, and are as follows: "The burden of proof shall rest with the applicant to show that the application is in compliance with the intended purpose of Title, the Zoning Ordinance and other pertinent regulations that the PEC deems applicable. Due consideration shall be given to the recommendations by public agencies, utility companies and other agencies consulted. The PEC shall review the application and consider its appropriateness in regard to Town policies related to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, effects on the aesthetics of the Town, environmental integrity and compatibility with surrounding uses." The subdivision purpose statements are as follows: 1. To inform each subdivider of the standards and criteria by which development and proposals will be evaluated and to provide information as to the type and extent of improvements required. Staff Response: One of the underlying purposes of subdivision regulations, as well as any development control, is to establish basic ground rules by which the staff, the PEC, applicant and the community can follow in the public review process. Although this request does not involve the creation of two new lots, it is the appropriate process to amend the existing configuration of two existing lots. 2. To provide for the subdivision of property in the future without conflict with development on adjacent properties. .Staff Re~onse: Staff does not believe that the proposed minor subdivision would have any negative impacts or create any conflicts, presently or in the future, with development on adjacent properties. These lots were originally platted and approved for development. The proposed minor subdivision will result in a more convenient and workable situation with regard to development potential 3. To protect and conserve the value of land throughout the municipality and the value of buildings and improvements on the land. Staff Response: Staff does not believe that the proposed minor subdivision would have any negative effects upon the value of land throughout the municipality or upon the value of buildings and improvements on the land. 4. To insure that subdivision of property is in compliance with the Town Zoning Ordinance, to achieve a harmonious, convenient, workable relationship among land. uses, consistent with municipal development objectives. Staff Response: Staff has worked with the applicant in developing a proposal that we believe insures the general intent and specific compliance with the Town's Zoning Ordinances are met. The minor subdivision, if approved, requires a variance approval as well as to maintain compliance with minimum buildable area requirements. While a variance is necessary to achieve the objectives of the applicant, staff believes that the resulting subdivision is consistent with the municipal objectives with regard to land development as Lot 2 is already non- e conforming and Lot 3 will continue to conform with all applicable regulations. If approved, Lot 2 comes. into greater cor'npliance with the zoning regulations and will have no negative impacts upon the workable relationship of land uses. 5. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreational and other public requirements and facilities and generally to provide that public facilities. will have sufficient capacity to serve the proposed subdivision. Staff Response: Staff does not believe the proposed minor subdivision will have any negative impacts on the above described criteria. 6. To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable construction, design standards and procedures. Staff Response: If approved, the applicant will be required to have a final plat prepared in accordance with the Town's adopted subdivision regulations and recorded with the Eagle County Clerk & Recorder's Office.. 7. To prevent the pollution of air, streams, and ponds, to insure adequacy of drainage facilities, to safeguard the water table and encourage the wise use and management of natural resources throughout the municipality in order to preserve the integrity, stability and beauty of the community and the value of land. Staff. Response: The applicant will be required to comply with land development prescribed by the Town of Vail Zoning Regulations. Staff believes that the proposal meets the above-described criteria. VI. VARIANCE CRITERIA A. Consideration of Factors Regarding the Variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The applicant is requesting a variance from the minimum buildable area requirement for Lot 2, Vail Village West, Filing No.2, to facilitate the residential development of the site. The lot was platted in Eagle County and subsequently annexed into the Town of Vail municipal limits. Upon annexation the property was zoned Two-Family Primary/Secondary Residential and immediately rendered legally, non-conforming. This zoning designation rendered the property non-conforming with regard to minimum buildable area. The applicant's proposal is to increase the amount of buildable area for Lot 2. While the applicant's proposal does not bring the property into full compliance with the minimum requirements, it does decrease the degree of non-conformity. Staff believes that this reduction in non-conformity meets the intent of the zoning regulation for buildable area and the intent of the non-conforming provisions of the Vail Town Code. Staff believes that there would be no negative or adverse impacts resulting from the requested variance upon existing or potential uses and structures in the vicinity of Lot 2, Vail Village West, Filing No.2. Staff does not believe that it is the intent of the zoning regulations to render this lot unbuildable as a result of the original platting and subsequent annexation into the Town of Vail. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Staff believes that the applicant has requested minimum amount of relief possible from the specified regulation to achieve compatibility and uniformity of treatment among sites in the vicinity of Lot 2 and to attain the objectives of the Zoning Regulations and Subdivision Regulations without resulting in a grant of special privilege. While it is true that the applicant could propose even more buildable area for Lot 2 by simply increasing the lot size, such a proposal would only cause the need for additional variances that would be associated with Lot 3. The degree to which the common lot line was moved to the east was limited by the existing location of the residential structure on Lot 3. To move the common tot line further east would have resulted in the need for a side setback variance for Lot 3. Staff believes it is best to reduce the amount of non- conformity on Lot 2 to the degree possible without creating additional non-conformities on adjacent properties. 3. The effect of the requested variance on fight and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff does not believe that the requested variance will have any negative impacts on the above referenced criteria. Though staff would point out that the applicant is required to obtain approval for a South Frontage Road access permit from the Colorado Department of Transportation, prior to the issuance of a building permit for any future development of the site. B. The Planning and Environmental Commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following. reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. .There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. VII. REZONLNG ZONING OVERVIEW According to the Official Town of Vail Zoning Map, Lot 3, Vail Village West, Filing No. 2, is zoned Two-Family Primary/Secondary Residential. The applicant is proposing to rezone this property to Single-Family Residential. The Town of Vail Zoning Regulations are intended to, "Promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. " The purpose of the Two-Family Primary/Secondary Residential zone 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 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." to contrast, the purpose of the Single-Family Residential zone district is, "intended to provide sites for low density single-family residential uses, together with such public facilities as maybe appropriately located in the same district. The Single-Family Residential District is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. " REZONING CRITERIA 1) Is the existing zoning .suitable with the existing land use on the site and adjacent land uses? Staff believes the existing zoning designation is suitable with the existing and adjacent land uses, but given the inability to reasonably develop Lot 2 due to the significant site constraints of the lot, the zoning is inappropriate for the subject property given the Town's identified development objectives. Staff does not believe that it is the intent of the Town's Zoning Regulations to render a legally platted lot undevelopable. Staff believes that the applicant has identified a reasonable and appropriate means of addressing the significant site constraints associated with Lot 2 by rezoning Lot 3 to Single-Family Residential, and thereby, creating two, more-conforming properties. 2) Is the amendment presenting a convenient workable relationship with land uses consistent with municipal objectives? , The proposed rezoning would bring the two lots into greater conformance with the Town's stated goals for residential development. By rezoning Lot 3 to Single- Family Residential the applicant has effectively created two more conforming lots with regard to buildable area. If approved, Lot 3 will continue to conform to the .prescribed development standards for the Single-Family Residential zone district. The proposed zoning designation would bring one currently non-conforming lot into greater conformity with the Town of Vail Zoning Regulations and eliminate the need for variances from adopted regulations. 3) Does the rezoning provide for the growth of an orderly viable community? In accordance with the provisions of the Town of Vail Zoning and Subdivision Regulations and Vaii's Comprehensive Plan elements, staff believes this rezoning provides for the growth of an orderly viable community. Staff believes any development under existing zoning would circumvent the Town's desire for the growth of an orderly, viable community. 4) Is the change consistent with the Land Use Plan? The proposed rezoning is consistent with the goals, objectives and policies and all other elements of the Vail Comprehensive Plan. Specific Land Use Plan goals that are relevant to this proposal include: io 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.7 New subdivisions should not. be permitted in high geologic hazard areas. 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. According to the Vail Land Use Plan, Lot 3, Vail Village West, Filing No. 2, is designated as "Medium Density Residential". The purpose of the medium density residential designation is to provide sites for residential development with densities in this category that would range from 3 -14 dwelling units per buildable acre. Given the significant physical constraints of Lots 2 & 3, staff believes that Single-Family Residential zone district would be an appropriate land use for the site. Single-Family Residential would permit up to two dwelling units on the site. One of the dwelling units would be afree-market unit and the second would be adeed-restricted employee housing. unit. Currently, one free-market dwelling unit exists on Lot 3. ~~