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HomeMy WebLinkAbout2001-0108 PECTHIS ITEM I~ltA.`f AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE l8 HERESY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12-3-6 of the Municipal Code of the Town of Vail on January 8, 2x01, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: • A request for grading in the flood plain, to allow for the placement of bridge abutments & grading, in accordance with Title 14, Town Code, located at 540 S. Frontage Rd. Eastll=ord Park Unplatted. Applicant: Town of Vail, represented by Todd Oppenheimer Planner: Bill Gibson A request for PEG review of proposed amendments to Title 13, Town of Vail Code ("Subdivision Regulations"), to allow for the creation of an exemption plat and correction plat review process. Applicant: Town of Vail Planner: Brent Wilson A request for a recommendation to the Town Council on proposed amendments to Title 12, Town of Vail Cade (Zoning), to allow far the creation of the "Housing Zone District." Applicant: Town of Vail Planner; Allison ®chs The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vai! Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479- 2356, Telephone for the Hearing Impaired, for information. Community Development Department Published December 22, 2000 in the Vail Trail ~. 1 Tf1WN QN YAIL r PLANNING AND ENVIRONMENTAL. COMMISSION PUBLIC MEETING SCHEDULE Monday, January 8, 2001 PROJECT ORIENTATION / AIO LUNCH -Community Development Dep#. MEMBERS PRl;SENT Driver: Brent PUBi_1C WELCOME MEMBERS ABSENT ~o DOTE: If the PEC headng extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 p.m. Public Hearin~q - Tawn Council Chambers pGB~~SHFO 2:fl0 pm 2:00 pm A request for PEC review of grading in the flood plain, tca allow for the placement of bridge abutments & grading, in accordance with Title 14, Town Code, located at 540 S. Frontage Rd. EasUl=ord Park Unplatted. • • Applicant: Town of Vail, represented by Todd Qppenheimer Planner: Bill Gibson 2. A request for PEC review of proposed amendments io Title 13, Town of Vail Code (Subdivision Regulations), to allow for the creation of an exemption plat and correction plat review process. Applicant: Town of Vai! Planner. Brent Wilson 3. A request for a recommendation to the Town Council on proposed amendments to Title 12, Town of Vail Code {Zoning), to allow for the creation of the "Housing Zane District." Applicant: Town of Vail Planner: Allison Ochs The applications and information about the proposals are available far public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 7S South Frontage R©ad_ The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department, Please call 479-2138 far information. Sign Language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing Impaired,. for information. Community Development Department Published January 5, 2{}01 in the Vail Trail. ~i l~ TDWN OF t'AIL PLANNING AND ENVIRONMENTAL COMMISSION • PUBLIC MEETING RESULTS Monday, January 8, 20101 PRO.IECT ORIEIUTATION / NC LUNCH -Community Development Dept. MEMBERS PRESENT Galen Aasland Chas Bernhardt Diane Golden Brian Doyan Doug Cahill PUBLIC WELCOME MEMBERS ABSENT John Schofield Tom Weber 2;44 pm Lriver. Brent ~~ NQTE: if the PEC hearing extends until 8:00 p.m., the board may break for dinner from 8:60 - 6:30 p. m. Public Hearinq -Town Council Ctlambers 2:40 pm 1. A request far PEC review of grading in the flood plain, to allow for the placement of bridge abutments ~ grading, in accordance with Title 14, Town Code, located at 544 5. Frontage Rd. East/Fard Park Unpiatted. Applicant: Town of Vail, represented by Tadd C7ppenheimer Planner: Bill Gibson MC7T1C?N: Brian Doyon SECOND: Chas Bernhardt VOTE: 5-0 APPROVED WITH 2 CONDITIONS: 1. Approve! from the Army Carp of Engineers must be obtained prior to the issuance of building permits. 2. Within 90 days of the carrapletion of construction, an "as-built' grading plan shall be submitted to verify the impacts of the new bridge on the Gore Creek flood plain. 2. A request for PEC review of proposed amendments to Title 13, Town of Vail Code Subdivision Regulations), to allow far the creation of an exemption plat and correction pleat review process Applicant: Town of Vail Planner: Brent Wilson MOTIC)N: Doug Cahill SECOND: Diane Golden V©TE: 5-0 RECOMMENDATION Ofr APPROVAL TO THE TOWN COUNCIL ~. TORN OF VAIL 3. A request for a recommendation to the Town Council on proposed amendments to Ttle 12, Town of Vail Code (Zoning), to allow for the creation of the "Housing Zone District." ,Applicant: Town of Vail Planner: Allison Ochs MOTION: Chas Bernhardt SECOND: Doug Cahill VOTE: 5-0 TABLED UNTIL JANUARY 22, 2001 The applica#ions and information about the proposals are available for public inspection during regular office hours in the project planners office, located' at the Tawn of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Tawn of Vail Community Development Department. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published January 5, 24Q1 in the Vail. Trail. • MEMC)RA~JDUM TO: Planning and Environmental Commission FRC}M: Community Development Department DATE: January f3, 2001 SUBJECT: A request for grading in the flood plain, to allow for the placement of bridge abutments & grading, in accordance with Title ~ 4, Town Code, located at 540 S. Frontage Rd. East/Ford Park Unplatted. Applicant: Town of Vail Planner: Bill Gibson I. 13ACKGR~UND AND DESCRIPTIQM OF THE REQUEST Prompted by recent improvements to the Ford Amphitheater and proposed improvements to the Betty Fard Alpine Gardens, the Town of Vail has examined the physical candition and aesthetics of the existing pedestrian bridge located on the south side of Ford Park near the Nature Center. The Town has determined that the existing bridge candition and design warrants its replacement with a new structure. This request for grading in the flood plain wilt allow the Town to make the necessary site improvements to install the new bridge. A site plan has been attached for reference. The Design Review Board approved the design of the new pedestrian bridge at their December 6, 2000 meeting. The Planning and Environmental Commission reviewed and tabled this grading in the flood plain request at their December 1 i, 2000 meeting. The Commission requested that the applicant review this proposal to determine if the proposed grading and bridge design would allow future pedestrian access between Vail Valley Drive and Ford Park to be constructed in compliance with ADA requirements for a primary access. The Commission also requested that the applicant examine alternative bridge abutment designs, The applicant has indicated that the proposed grading and bridge installation will not prevent future improvements to the pedestrian access between Vail Valley Drive and Fard Park from being ADA compliant- Site plans for possible ADA compliant improvements to the pedestrian access have been attached for review. The applicant has indicated that they have examined "T-wall" abutments as an alternative to the proposed bridge abutment design. The applicant has indicated that the "T-wall" design will not significantly decrease the amount of soil disturbance required along the creek side of the abutments, and will actually require more soil disturbance on the non-creek side of the abutments than the proposed design, • II. STAIFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approve the proposed modifications to the Gore Creek flood plain, located at 54g S. Frontage Rd. East/Ford Park Unplatted, subject to the following findings: 1, That the proposed location of the flood plain modification and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties ar improvements in the vicinity. A complete flvadplain analysis conducted by the Tawn of Vail Floodplain Coordinator indicates floodplain elevations will not be adversely impacted by this proposal. If the Planning and Environmental Commission chooses to approve this proposal, the Community Development Department recommends the following conditions: 1, Approval from the Army Corp of Engineers must be obtained prior to the issuance a# building permits. 2. 'Within 90 days of the completion of construction, an "as-built" grading plan shall be submitted to verify the impacts of the new bridge on the Gore Creek flood plain. III. REVIEWING BUARD ROLE The PEC is being. asked to render an approval or denial of this request to modify the Gore Creek flood plain based on the following objective: 1. That the proposed location of the flood plain modification and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. IV. ENVIRONMENTAL IMPACT ANALYSIS In accordance with Chapter 12-12, Tawn of Vail Code, staff has evaluated the applicability of requiring an environmental impact report for this proposal in the following respects: ~. Alters an ecological unit ar land form, such as a ridgeline, saddle, draw, ravine, hillside, cliff, slope, creek,. marsh, watercourse, or other natural land form feature. This proposal will have an insignificant impact on this criteria. 2. Directly or indirectly affects a wildlife halJitat, feeding, or nesting ground. This proposal will have an insignificant impact on this criteria. 3. Alters or removes native grasses, trees, shrubs, ar other vegetative cover. This proposal will have an insignificant impact on this criteria. • 4. Affects the appearance or character of a significant scenic area or resource, or involves buildings or other structures that are of a size, bulk, or scale that would be in marked contrast to natural or existing urban features. This proposal wll have no negative impact an this criteria. 5. Potentially results in avalanche, landslide, siltation, settlement, flood, or other land form change or hazard to health and safety. This proposal will have no negative impact on this criteria. 6. Discharges toxic or thermally abnormal substances, or involves use of herbicides nr pesticides, or emits smoke, gas, steam, dust, or other particulate matter. This is not applicable to this proposal. 7. Involves any process which results in odor that may be objectionable or damaging. This is not applicable to this praposal. 8. Requires any waste treatment, cooling, or settlement pond, or requires transportation of solid or liquid wastes to a treatment or disposal site. This is not applicable to this proposal, 9. Discharges significant volumes of solid or liquid wastes, This is not applicable to this proposal. 10. Has the potential to strain the capacity of existing or planned sewage disposal, storm drainage, or other utility systems. This praposal will have no negative impact on this criteria. 11. Involves any process which generates nr~ise that may be offensive or damaging. This praposal will have na negative impact an this criteria. 12. Either displaces significant numbers of people or results in a significant increase in population. This is not applicable to this proposal. 13. Preempts a site with potential recreational or open space value. This is not applicable to this proposal. 14. Alters local traffic patterns or causes a significant increase in traffic volume or transit service needs, This is not applicable to this proposal. 15. Is a part of a larger project which, at any future stage, may involve any of the irnpac#s listed in this Section. {Ord. 8(7973) § 16.20Q}. This is not applicable to this proposal. In accordance with Section 12-12-2, Town of Vail Code, staff has determined that this project is exemp# from the requirement far an environments! impact analysis based upon the following: 1. This proposal involves the "alteration, repair and maintenance of existing strUCtures and site improvements." 2. Based upon a preliminary review of this proposal covering each of the factors prescribed in Section 12-12-3, staff has determined that this proposal "is found to have an insignificant impac# on the environment. " The Tawn of Vail 1=loodplain Coordinator has analyzed this project and made the following determination: "... there will be little to no impact to the 100-year floodplain as per the plans developed by Loris Associates dated i2/1f00. The minimal grading that will occur in the floodplain should lower the 100-year floodwater elevation in the immediate area by approximately 0.02 feet (114"}, This slight drop in the floodplain is due to the widening of the floadway by lessening the grade of the existing banks.'" • • • • ...\ .~- 1 J// ,,~• -r ~~ ~ ~, / t7 1 ~ i ,.~ ~ ~~. ~ 4I D Tj 0 V o ~ n. L' 2 4 C ~¢ LL C i ~ u i 'p •l7 ~{ f; f~ ~pw~ rl ~ • 'v: till >. !~ ~r ,.~~ ~_ ~~/~ ~.~- •.r.''• • l f~ fJ F.. 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K I ~ ~~ ` ~ ~ ~; ~ ~~' .o ~ p`{~ // _0..J; C~O O I ~ ~~a~ s a~~i TOWN OF PAIL ~~' department of Public Works c4r Transportation 1309 Elkhorn Drive 1/uil, Colorado 81657 970-479-2158 Fax: 970-479-2166 www ci. vail. co. us To: Sill Gibson, Planner From: Tom Kassmel, Project Engineer, Floodplain Coordinator lte; Proposed Bridge at the Ford Amphitheater Date: December 7, 2400 As requested l have reviewed the plans for the proposed bridge at the Ford Amphitheater and how it pertains to the Gore Creek Floodplain. in my review 1 have found that there wi][ be little to no impact to the I00-year flaodplain as per the plans developed by Loris & Associates dated 12/i/00. The minimal grading that will occur in the floodplain shatld lower the 100-year t'loodwater elevation in the immediate area by approximately 4.0? Feet {]f4"}. This slight drop in the floadplarn is due to the widening of the #laodway by lessening the grade ol'the existing banks. Please find attached a basic HEC-ILaS analysis of both the existing conditions and the proposed conditions, You will find that the existing conditions result in a 100-year floodwater elevation of 8184.54' at the bridge cross section (river station 182), and the proposed conditions result in a 140-year floodwater elevation of $184.52'. Please note that the elevations do not correspond to the elevations shown on the drawings submitted by Loris & Associates. This is due to a d%Ff®rence in survey benchmark elevations of approximately 4.84 feet, however the results remain same in either case. 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F dt ' ~ 1, {~ Ot iY\. ~: ~yu [. ~.^. t ~ (? ~~ 1 ~ ~ ~ ~ ~ '7f., ~ s ~ i ~ _...--_ -,- ... ~ ; ~ - . . ! r ' (;~~ P ` ' `.j + r ~i'! it '-.~-=. ;~ ~ j f i ~ `~~::'~' ~ i;'. 1 ~ ~ rye`-' 1 a ~ ~ ~ , ~ f'°Y ,! t i S u ~~ ~ ' ~ i~~~~ `! ! 1 .. ~ , `! i ~ ~ ~ ! j ~ ': ~ ~ ,1, e ~ 1 1 4 '~ ~ 1 ~ ~ ~ ' ~ y ; ! .~ ~ ~` I ` , I ` 0 I ~ ~ ~ ~ i 1 ~ ~ X ~~ ; 11 ' ~` r ~! ° . f ,~ '~~ ! I ~~ f' I+ 1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development DATE: January $, 2001 SUBJECT: A request for PEC review ofi proposed amendments to Title 13, Town of Vaii Code (Subdivision Regulations), to allow far the creation of an exemption plat and correction plat review process, Applicant: Town of Vail Planner: Brent Wilson DESCRIPTION OF THE REQUEST The Town of Vail Subdivision Regulations currently 6imit applications fior basic land subdivision to two types of review: 1) major subdivisions, and 2) minor subdivisions. However, the Town frequently handles applications that fall outside the purview of these processes. Under the current code, minor plat changes (corrections, plat note amendments, etc.) are routed through the minor subdivision process, even though a formal subdivision of land may not occur. Additionally, applicants who wish to plat existing un,platted properties must create a minimum of two parcels in order to comply with current code requirements. This has proven problematic for applicants. In an attempt to make the subdivision review process more '"user friendly," staff is presenting a proposed new chapter that allows for an administrative review process for "exemption" and "correction" plats. The process is modeled after our existing "minor amendment" process for special development districts. This new process would allow far staff review of certain plats with a PEC affirmationfdenia! at a public hearing. Subdivision regulations from a number of jurisdictions across Colorado (Eagle County, Jefferson County, Douglas County, City of Aurora) as well as enabling legislation from state statutes were researched while preparing these amendments. Please refer to the attached "Appendix A" for a detailed summary of proposed changes. IL ROLES OF THE REVIEWING BOARDS Planning and Environmental Commission: Act1o>7: The PEC is advisory tv the Town C©uv?crJ. The PEC shall review the proposal for and make a recommendation to the Town Council on the compatibility of the proposed text changes for consistency with the Vail Comprehensive Plans and impact on the general welfare of the community. ~~ ~~ hpR . , . r~wN ~~ vas S#aff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning and Subdivision Regulations. Staff provides analyses and recommendations to the PEC and Town Council on any text proposal. Town Council: Action: The Town Council is responsible for final approval/denial on code amendments The Town Council shall review and approve the proposal based on the compatibility of the proposed text changes for consistency with the Vaii Comprehensive Plans and impact on the general welfare of the community. Qesian Review Board: Action: The DRB has NO review authority on code amendments. III. RECC~MIUIENDATION The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval of the proposed amendments to the Subdivision Regulations to the Vail Town Council, subject to the following findings: 1 ~ That the proposed amendments are consistent with the development objectives of the Town of Vail as stated in the Vail Land Use Plan. 2. That the proposal is consistent and compatible widh exist%ng and potential uses within Vail and generally in keeping wi#h the character of the Town of Vail. 3. That the proposed amendments are necessary to ensure the health, safety and welfare of the citizens of Vail. 4, That the proposed amendments will make the Town's development review process less problematic and more °user friendly." IV. COMPATIBILITY WITH THE VAIL LAND USE PLAN Staff believes the proposed amendments further the following objectives outlined in the Vail Land Use Plan: 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. t .3 The quality of development should be maintained and upgraded whenever passible. -2- r 1.6 f~evelopment proposals on the hillsides should be evaluated an a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 5,1 Additional residential growth should continue to occur primarily in existing, putted areas and as appropriate 'rn new areas where high hazards do not exist 6.1 Services should keep pace with increased growth. Staff does not believe the proposed amendments will conflict with gray provisions of the Vail Land Use Plan. • • ~- r APPENDIX `~A„ CHAPTER #2 EXEMPTION AND ADMINISTRATIVE CORRECTION PROCEDURES SECTION: 13-12-1: Purpose and Intent 13-12-2: Consultation Required; Preliminary Review 13-12-3: Exemption Criteria and Review Standards 13-12-4: Exemptian Plat Requirements and Procedure 13-12-5: Filing And Recording t3-3-1:PlJRPOSE AND INTENT: To establish criteria and an appropriate review process whereby the Administrator may grant exemptions from the definition of the term "subdivision" for properties that are determined to fall outside the purpose, purview and intent of Chapters 13-3 and 13-4 of this title. 13-12-2; CONSULTATION REQUIRED; PRELIMINARY REVIEW: Prior to the submittal of an exemption request, the applicant shall meet with the Administrator to determine if the request meets the exemption criteria outlined in Section 13-12-3 of this chapter. If the Administrator determines that the subject application would circumvent significant and relevant elements of the subdivision review process, the applicant shall be required to comply with the requirements of Chapter 13-3 andfor Chapter 13-4 of this title. 13-12-3: EXEMPT9ON CR]TERIA AND REVIEW STANDARDS: A. Exemptian Criteria: Notwithstanding the provisions of Sections 13-1-3 of this ti#de, the Administrator may exempt from the provisions of Chapter 13-3 and/or Chapter 13-4 of this tdtde an appdication that meets any one of the fallowdng criteria: Designated Open Space: Any plat that would result in the ddvision of property for the purpose of creating or maintaining designated open space. 2. Condemnation; Any lot created pursuant to the powers of condemnation. 3. Pre-existing Properties: Any plat for the purpose of establishing and/ar correcting lot boundaries for properties in existence (and established in the records of the Eagle County Clerk and Recorder} prior to January 12, 1970 where no additional parcels are created and conformance with applicable provisions of the Vail Tawn Code has been demonstrated. ~. Publdc/Quasi-Public Use: Any plat that would create a parcel far public or quasi- public use such as community facilities, including but not limited to; utility facilities, parks, open space, fire/police stations, libraries,. hospitals, municipal offices. Community facilities which include dwelling units or employee housing units shall be required to process the appropriate plats to delineate ownership of residential properties. 5. Eoundary-line adjustments (including right-of-way adjustments) where no additional parcels are created and conformance with applicable provisions of the Vail Town Code has been demonstrated. --~- 6. Plat corrections that do not alter the general character and intent of the originally approved plat including, but not limited to: address changes, plat note amendments, plat title corrections and other minor corrections. 7. Vacation andlar replotting of a common lot boundary, building envelope or easement. B. Review Standards: The burden of proof shall rest with the applicant to show that the applicatian is in compliance with the intent and purposes of this Chapter, the Zoning. Ordinance and other pertinent regulations that the Administrator deems applicable.. The Administrator shall review the applicatian and consider its appropriateness with regard to the applicable criteria far review and evaluation. The Administrator may approve a plat pursuant to the provisions of this chapter upon the findings that: That the approval of the plat would result in the creation of a lot that conforms to the provisions of the Vail Town Cade and/or relevant master plan documents. In the case of non-conforming lots, non-conformities have not been expanded or increased by the approval of the plat, unless approved in accordance with the provisions of Section t 3-1-7 ("Variances and Amendments"} of this Title. 2. That the approval of the plat will not be detrimental to the public health, Safety or welfare, or materially injurious to properties or improvements in the vicinity. The amended plat is consistent with the Town's established site development guidelines and with the character and intent of the originally approved plat. Provisions for adequate infrastructure and site access have been clearly demonstrated by the applicant, 13-12-4: EXEMPTION PLAT REQUIREMENTS AND PROCEDURE: A. Submission: At any time within one year after the Administrator has completed its review of the preliminary plan,. a final plat shall be submitted to the Department of Community Development. if more than a year has passed firam the date of the Administrator's review, the proposal shall be reviewed on a preliminary basis again. Exemption plat format and content shall be as outlined in Section 1 ~-3-6 of this Title. B. Requirements and Procedure: Exemption plats consistent with the review criteria outlined in Section 13-12-3 of this Article may be approved by the Department of Community Development. All modifications shall be indicated on a completely revised plat. Approved changes shall be noted, signed, dated and filed by the Department of Community Development. The Administrator may waive certain submittal requirements outlined in this Chapter if they are deemed inapplicable or irrelevant to an exemption plat application, 1. Notification: Notification of a proposed exemption plat applicatian shall be provided to all affected property owners within or adjacent to the subject property. Affected properties shall be as determined by the Department of Community Development- Notifications shall be postmarked no later than five (5} days following staff action on the amendment request and shall include a brief statement describing the application and the time and date of when the Planning and Environmental Commission will be informed of the staff decision. in ail cases the report to the Planning and Environmental Commission shall be made within twenty ~2Q) days from the date of the staff's decision on the requested exemption plat. 2. Appeals: Appeals of staff decisions may be filed by adjacent property owners, owners of the property, the applicant, Planning and Environmental Commission merribers ar members of the Tawn Council as outlined in Section 12-3-3 of this Code. 13-12-5: FIE_ING AND RECC7RDING: The Department of Community Development will retard the plat and any related documents with the Eagle County Cleric and Retarder; however, no plat far land shall be recorded unless prior to the time of recording, the applicant provides the Town with a certification from the Eagle County Treasurer's office indicating that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid. Fees for retarding shall be paid by the applicant. The Department of Community Development will retain one mylar copy of the plat for their retards, • • -~ MEMORANDUM • TO: Planning and Environmental Gommission FROM: Department of Community Development DATE: January 8, 2001 SUBJECT: A request far a recommendation to the Vail Tawn Council to amend Title 12 (Zoning) of the Town Code to allow for the creation of a new zone district, the Housing Zone District. Applicant: Town of Vail Planner: Allison Ochs I. BACKGROUND AND DESCRIPTION OF THE REQUEST As part of the Town of Vail's objective to encourage affordable employee housing, the Town Council directed staff to create a zone district with the primary purpose of providing sites for employee housing. The development standards of this zone district would be prescribed by the Planning and Environmental Gommission as part of a development plan, similar to the General Use zone district. On June 15, 1999, the Community Development Department presented to the Town Council a proposal to create a new Housing zone district. The Planning and Environmental Commission reviewed the proposal at a worksession on August 23, 1999, and gave the general direction that the new district was needed. One Planning and Environmental Commission member suggested that the district depart from the General Use district format and have specific development standards created. On November 13, 2000, the Community Development Department again presented the proposed Housing Zone District. The Planning and Environmental Commission gave specific direction regarding the new proposed zane district. On November 14, the Housing Zone District was presented to the Town CounciP, who also gave direction to staff. December 19, 2000, the Town Council directed staff to re#urn to the Planning and Environmental Gommission with the proposed changes to the Housing Zone District. The meeting today serves as the final Planning and Environmental Commission discussion on the Housing Zone District. Staff is requesting that the Planning and Environmental Gommission make a final recommendation to the Town Council regarding the proposed amendment to the zoning regulations. II. ROLES OF THE REVIEWING BOARDS Planning and Environmental Commission: Action: The P1=C is advisory to the Town Council. -~,, 1 ~~-=-; T(}}y~ pF' }41lL ~' The PEC shall review the proposal for and make a recommendation to the Town Council on the compatibility of the proposed text changes for cansistency with the Vail Comprehensive Plans and impact on the general welfare of the community. Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning Regulations. Staff provides analyses and recommendations to the PEC and Town Council on any text proposal. Town Council:. Action: The Town Council is responsible for final approval/denial on code amendments. The Town Council shall review and approve the proposal based on the compatibility of the proposed text changes for consistency with the Vail Comprehensive Plans and impact on the general welfare of the community. III. STAFF RECOMMENDATION Staff recommends approval of the proposed amendment to Title 12 (Zoning) of the Town Code to allow for the creation of a new zone district, the Housing Zone District subject to the following findings. 1. That the proposed amendments are consistent with the development objectives of the Town of Vail as stated in the flail Land Use Plan. 2. That the proposal is consistent and compatible with existing and potential uses within Vail and generally in keeping with the character of the Town of Vail. However, staff believes that there are adequate incentives in the Zoning Gode which encourage the provision of affordable housing through other methods, rather than the creation of a new zone district. IV. TEXT OF THE PRQPOSED HOUSING ZONE DISTRICT ARTICLE H. HOUSING ~H) DISTRICT I All additions from the Dec. t9`" memo have been underlined. SECTION: 12-61-1: Purpose 12-61-2: Permitted Uses 12-61-3: Conditional Uses 12-61-4: Accessory Uses 12-61-5: Setbacks 12-61-5: Site Coverage 12-61-7: Landscaping and Site Development 12-61-8: Parkino and L.oadina 12-~i1-9: Location of Business Activity 12-f i-10: ©ther Development Standards • 12-61-1 i : Development Plan Required 12-61-t ~: Development Plan Contents 7 2-81-13: Develor~ment StandardslCriteria for Evaluation 12-61-1: PURPOSE: The Housing District is intended to provide adequate sites for affordable and employee housing which, because of the nature and characteristics of affordable and employee housing, cannot be adequately regulated by the development standards prescribed for other residential zoning districts. It is necessary in this 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 incidenta! and secondarv to the residential uses of the District. The Housing District is intended to ensure that affordable and employee housing permitted in the 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. 12-61-2: PERMITTED USES: The following uses shall be permitted in the H District: Deed restricted employee housing. Passive outdoor recreation areas, and open space. Pedestrian and. bike paths. 12-fit-3: ~CDNDITIQNAL USES: Generally; 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 deed restricted employee housing and specifically serving the needs of the residents, and developed in conjunction with deed restricted employee housing, in which case the following uses may be allowed subject to a conditional use permit: Banks and financial institutions. Ea#ing and drinking establishments. Health clubs- Personal services, including but not limited to, laundry mats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. Dwelling units knot 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. B. Dwelling units are not the primary use of the property. The ~~°%a has been used GRFA for dwelling units shall not exceed 30% of the total for consistency with GRFA constructed on the orooerty. other zone districts C. Dwelling units are only created in conjunction with deed (P~~ ~~~) restricted employee housing. 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 and educational institutians Public buildings and grounds. Public parks- Pubfic utilities installations including transmission fines and appurtenant equipment. 12-fii-4: ACCESSORY USES: The following accessary uses shall be permitted in the H ais#riefi Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Seetion 12-14-12 of this Title, Minor Arcades Private greenhouses, tool sheds, playhauses, 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, 12-fit-5: SETBACKS: The setbacks in this district shall be 20' from the perimeter of the zone district. At the discretion of the Planning and Environmental Commission and/or Desicrn Review Board, variations to the setback standards outlined above 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, alr and open space. C, Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent Staff does not believe this properties. Variations to the 20 ft. setback shall not be is necessary if all other allowed on property lines adiacent to HR. SFR. R. PS. criteria have been met, and RC zoned 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. 12-61-6: SITE COVERAGE: Site coverage shall not exceed fifty five percent (S5%) of the total site area. At the discretion of the Planning and Environmental Commission, site coverage may be increased if 75% of the required parking spaces are underground or enclosed, thus reducing the impacts of surface paving provided within a development. 12-fit-7: LANDSCAPING AND SITE DEVELOPfUiENT: At toast 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 (i S') with a minimum area not less than three hundred (300) square feet_ 12-fit-S: PARKING AND LOAlJING Off-street oar#cina shall be provided in accordance with Chanter 10 of this Title. IVo oarkina or loading area shall be located within anv required setback area., At the discretion of the Rlannina and Environmental Commission. varia,ticans to thy: narking standards outlined in Chanter 10 may be 4 approved during the review of a development clan 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 Harkins requirements based on one ar more of the following; 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. D. Other orn_ prams not listed above which have the effect of Enforcement of reducing parking demand on the ©roper#v. ~ Parking Management i Plan? 12-fit-9: LOCATI~QN OF BUSINESS ACTIVITY: A. Limitation; Exception: All conditional uses by 12-~I-3 of ibis 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 goads. B. Outdoor Display Areas: The area to be used far outdoor display must be located directly in front of the establishment displaying the aaads and entirely ur~on the establishment's own praperkv. Sidewalks. building entrances and exits- driveways and streets shall Hat be obstructed by outdoor display- 12-61-10: 47HER DEVELQPMEN7 STANDARDS: Prescribed By Planning and Environmental Commission: In the H District, development standards in each of the following categories shall be as prescribed by the Planning and Environmental Commission; A. Lot area and site dimensions. B. Building height. C. Density control including gross residential floor area). 12-61-11: DEVELOPMENT PLAN RE©UIRED: A. Compatibility With Intent: Ta ensure the unified dPVPlopment, 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 District. a development plan shall be reauired, B. Plan Process And Procedures: The proposed development glen shall be in accordance with Section t 2-61-12 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 qr modifications, pr deny the annliratign The decision of the Planning and Environmental Commission may be appealed to the Tawn Council in accordance with Section 12-3--3 of this Title. D. Plan As Guide: The approved development elan shall be used as the principal guide for al_I development within the Housing District. F. 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. Desian Review Board Apprpval Resuired: The development plan and any subsequent __ amendments thereto shall require the approval of the Desian Review Board in accordance with the applicable provisions of Chapter 11 of this Title prior to the commencement of site preparation. 12-61-12: ~EVELf3PMENT PLAN CQNTENTS: A. Submit With Applkcation: The follawina information and materials shall be submitted with an application for a proposed development plan. Certain submitta requirements may be waived or modified by the Administrator if it is demonstrated that the material to be waived or modified is not applicable to the review criteria. or that other practical solutions have been reached. 1. Application form and filing fee. 2. A written statement describing the project includina in#ormation on the nature of the develaoment proposed. proposed uses. and phasing plans. 3. A survey stamped by a licensed surveyor indicatins existina conditions of the property to be included in the development plan. includina the location of improvements, existing contours, natural features. existina vea~taton. watercourses, and perimeter property lines of the parcel. 4. A title report. includina Schedules A and B4. fi, Pla.n_s dpnjctinc~ Qxis_tina conditions_ of th~aarr;~l (sites plan.. floor plans. elevations. etc.l. if applicable. fi. A complete zoning analvsis of the existina and proposed development includina a suuare footage analvsis of all proposed uses. parkins spaces, etc. 7. A site plan at a scale not smaller than one inch equals twenty feet (1 " 4 20'). showing the location and dimensions of all existina and proposed buiidinas and structures. all principal site development features. vehicular and pedestrian circulation systems and proposed contours and drainage plans. 8. Building elevations. sections and floor plans at a scale not smaller than one-eighth inch equals one foot (118°' a 1'1. in sufficient detail to determine floor area. circulation, location of uses and scale and ap~aearance of the proposed development. 9. A vicinity plan showing existina and proposed improvements in relation to all adjacent prpperties at a scale not smaller than one inch equals fifty feet (1" - 5(}'). 10. Photo overlays and/or other acceptable visual ter.hnkaues for dPmonstra#ina the visual impact of the proposed develaoment an public and private property in the vicinity of the proposed development plan. 11. An architectural or massing model at a scale sufficient tp depict the proposed development in relationship to existina development on the site and on adjacent parcels. ._._ 12. A landscape plan at a scale not smaller than one inch equals twenty feet t1" = 2~0'). showina existing landscape features tp be retained anti removed, proposed landscapins and other site development features such as recreation facilities, oaths and trails. plazas. walkways and water features. 13. An environmental impact report in accordance with Chapter 12 of this Title unless waived by Section 12-12-3 of this Title. 14. Any additional information or material as deemed necessary by Administrator. B. Copies l~eauired; Model: With the exception of the model. four (41 complete copies of the above information shall be submitted at the time of the application. When a model is C~ required, it shall be submitted a minimum of two (21 weeps prior to the first formal review of the Planning and Environmental Commission. At the discretion of the Administrator. reduced copies in eight and one-half inches by eleven inches ($112" x 11 "l format of all of the above. information and additional copies for distribution to the Planning and Environmental Commission. Design Review Board and Town Council may be required. 12-61-13; DEVELOPMENT STANDARDSICRITERIA 1=0R EVALUATION: The fallowing criteria shall be used as the principal means for evaluating a proposed development -_ plan. It shall be the burden of the applicant to d_ emonstrate that the proposed development plan complies with all applicable design criteria: A. Building design with respect to arnhitFCture. character. scale. massing and orientation is compatible with the site. adjacent pror~erties 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. B. Open space and landscaping are both functional and aesthetic. are designed to preserve and enhance the natural features of the site. maximize opportunities far access and use by the public. provide adequate buffering between the proposed uses and surrounding properties. and when gossible. are integrated with existing open space and recreation areas. ©. A_pedestrian and vehicular circulation system 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 ~ro_iect's environm~;nta,l imrsact raport if pat waived and all necessary mitigating measures are implemented as a part of the proposed development plan. E. Com~liancP with the Vail Comprehensive Plan and other applicable plans. V. REVIEW CRITERIA AND FINDINGS FOR ZONING CODE AMENDMENTS The review criteria for a request of this nature are established by the Town of Vail Municipal Code. A. Consideration of Factors; 2. That the proposed amendments are consistent with the development objectives of the Town of Vail as stated in the Vail Land Use Plan. Staff believes the following land use plan goals/policies are applicable to the proposed zoning code amendment: 5.3 Affordable employee housing should be made available through private eff©rts, assisted by limited incentives; provided by the Town 7 of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with the marketplace demands far a Tuft range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additi©nat employee housing needs should be accommodated at varied sites throughout the community. Staff believes that the dousing District is compatible with the Medium Density Residential and High Density Residential land use categories, as identified within the Vail Land Use Pian. Medium Density Residential allows for densities of 3-14 dwelling units per buildable area, while High Density Multiple Pamily allows for densities of 1 ~ or more dwelling units per buildable acre. 3. That the proposal is consistent and compatible with existing anti potentiiai uses within /ail and generally in keeping with the character of the Town of Vail, The provision of affordable and employee housing has long been held to be a goal of the Town of Vaii. This zoning code amendment will allow for housing sites to be developed in a manner compatible with existing and potential uses in the Town of Vail. generally, meeting the need for affordable housing in other communities has been accomplished through inclusionary zoning or incentive zoning. Inclusianary zoning is a planning technique which encourages or farces the private sector to provide housing which is deemed "affordable". Typically this is dens by: (#) providing bonuses, often in the form of additional density, for the construction of affordable housing; (2) pay in lieu fees ar; (3} to require a developer to set aside a certain percentage of the units as affordable housing. The Town Code already has numerous incentives within the Zoning Code, including allowing Type III EHU's in many zone districts without effect an density or GRFA. In addition, within LMU1, LMU2, PA, and SDD, employee housing is a requirement of development approvals Co mitigate the need fior employee housing created by the development. Many communities accomplish similar goals by establishing a PUD designation (similar to our SDD process) whereby developers apply for this designation and receive bonuses {often in the form of additional density} for the provision of affordable housing. Very few, if any, communities, apply this type of designation as the primary zoning on the property. • Approved 1122f01 PLANNING AND ENVIRONMENTAL COMMISSEON PUBLIC MEETING RESULTS 1 MINUTES Monday, January 8, 2001 PROJECT ORIENTATION f N+D LUNCH -Community Development Dept. PUBLIC WELCOME MEMBERS E~RESENT Galen Aasland Chas Bernhardt Diane Golden Brian Doyon Doug Cahill Driver: Brent MEMBERS ABSENT Jahn Schofield Tom Weber ~~ NQTE: If the PEC hearing extends until 6:~Q p. m., the board may break for dinner from fi:0o - 8:30 p.m. 2:40 pm Public Hearing -Town Council Chambers 2:fl0 pm 1. A request far PEC review of grading in the flood plain, to allow for the placement of bridge abutments & grading, in accordance with Title 14, Town Gode, located at 540 S. Frontage Rd. EasUFard Park Unplatted. Applicant: Town of Vail, represented by Todd Oppenheimer Planner: Bill Gibson MOTION: Brian Doyon. SECOND: Chas Bernhardt VOTE: 5-0 Bill Gibson presented an overview of the staff memorandum. At their December 11, 2000 meeting, the PEC requested that the applicant examine the accessibility of the pedestrian access between Vail Valley Drive and Ford Park, and that the applicant examine alternative bridge abutment designs. Greg Hall, Director of Public Works, represented the applicant, the Town o€ Vail. Mr. Hafl explained to the Commission that the proposed bridge installation will meet the ADA's requirements for a secondary access and will not preclude future improvements to the pedestrian path from meeting the ADA's requirements for a primary access. Mr. Fall also explained to the Commission that "T-wall" bridge abutments could be used far this project, however, the "T-wall" design would not significantly reduce the amount of disturbance to the site. Brian Doyon made a motion to approve this request for grading in the floodplain, in accordance with the findings and conditions stated in the staff memorandum. Chas Bernhardt seconded the motion. ~. T04VN ltF VAIL ~~ A~prmued 1/22101 The motion passed by a vote of 5-(}. 2. A request for PEC review of proposed amendments to Title 13, Town of Vail Code (Subdivision Regulations}, to allow for the creation of an exemption plat and correction plat review process.. Applicant: Town of Vaii Planner: Brent Wilson MOTION: Doug Cahill SECOND: Diane Golden VOTE: ~_p RECOMMENDATION OF APPROVAL TO THE TOWN COUNCIL Brent Wilson presented an overview of the staff memorandum and discussed recen# examples of plats the PEC has dealt with where no land subdivision occurred. Chas Bernhardt said he was glad to see the amendments but questioned the Town's current definition of "adjacent" property owners and said the Town should broaden the definition to include as many neighbors as possible. In response to that suggestion, George Ruther mentioned staff would fie presenting amendments to the Town's notice provisions in the next quarter. Doug Cahill asked where the surveyor's submittal requirements were outlined. Brent Wilson explained they were already outlined elsewhere in the Subdivision Regulations and that the new chapter would refer applicants to the existing submittal requirements. Galen Aasland said he thought the existing definition of "adjacent" property owners was sufficient and that the proposed amendments were a step in the right direction. The other PEC members had no other specific comments. Doug Cahill made a motion to recommend approval to the Town Council with a requested change that the phrase "affected properties shall be as determined by the Department of Cornrnunity Development" be removed.. Diane Golden seconded the motion. The motion was approved unanimously (Schofield absent, Weber's position vacated}. 3. A request for a recommendation to the Town Council on proposed amendments to Title 92, Town of Vail Code (Zoning), #o allow for the creation of the "Housing Zone District." Applicant: Town of Vail Planner. Allison Ochs MOTION: Chas Bernhardt SECOND: Doug Cahill VOTE:. 5-4 TABLED UNTIL JANUARY 22, 2401 Allison presented an overview of the staff memorandum, highlighting the changes made from the previous iteration. The PEC commented vn the changes, specifically mentioning the following: Brian Doyon believed the 30% split on GRFA was too high. Galen Aasland requested rewording section 12-61-5, clarifying the roles of the boards. He said he didn't believe that the underlined portion of 12-61-5C was necessary. Brian Doyon does not believe that a reduction in parking should be allowed at all. • • 2 ~ ~. Approved '4/22/x31 All of the PEC requested that the parking section be reworded for why parking reductions are allowed. The PEC requested that they see the amendments an additional time prior to forwarding a recommendation to the Town Council. '~ The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Poad. The public is invited to attend project orientation and the si#e visits that precede the public hearing in the Tawn of Vail Community Development Department. Please call 479-,2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department • •