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.
~~