HomeMy WebLinkAbout2015-1109 PECPLANNING AND ENVIRONMENTAL COMMISSION
T[74 i aF November 9, 2015, 1:00 PM
Vail Town Council Chambers
75 S. Frontage Road - Vail, Colorado, 81657
Call to Order
Members Present: Brian Gillette, Henry Pratt, Dick Cleveland, Webb Martin, John Ryan
Lockman, John Rediker
Members Absent: Kirk Hansen
2. A request for the review of a conditional use permit, pursuant to Section 12-713-3, Conditional
Uses, Vail Town Code, to allow for a liquor store, located at 227 Bridge Street Unit F (Covered
Bridge Condominiums)/Lots B -D, Block 5B, Vail Village Filing 1, and setting forth details in
regard thereto. (PEC150032)
Applicant: 10th Mountain Whiskey
Planner: Jonathan Spence
Action: Approve with Conditions
Motion: Rediker Second: Cleveland Vote: 6-0-0
Conditions:
1. Illuminated signs, such as neon, gas filled or LED lit signs, shall not be visible from
the exterior of the business.
Planner Spence introduced the project and explained that Conditional Use Permits are
location specific, thus necessitating this request.
Commissioner Cleveland asked two questions related to the operation moving to this location
and outdoor activities.
Planner Spence answered Cleveland's questions specifically that this was a result of the
operation moving and no outdoor activities are proposed.
Barbara Scrivens spoke in support of the application.
3. A request for a recommendation to the Vail Town Council to allow for a zoning code
amendment to Title 12, Zoning Regulations, of the Town Code to allow Religious Institutions
as a Conditional Use in all zone districts except the Heavy Service (HS) District, Outdoor
Recreation (OR) District, and the Natural Area Preservation (NAP) District; and within the
Public Accommodation -2 (PA -2) District, Religious Institutions be a permitted use; and that
within any zone district where Religious Institutions are permitted as a Conditional Use, such
Religious Institutions shall be allowed on the same floor level/locations as conference
facilities and meeting rooms." (PEC150030) (60 min)
Applicant: Town of Vail
Planner: Chris Neubecker
Action: Table to December 14, 2015
Motion: Cleveland Second: Rediker Vote: 6-0-0
Planner Neubecker walked the commission through the staff memo. Neubecker explained the
rationale for not allowing the use in certain zone districts. He provided an overview of the
Religious Land Use and Institutionalized Persons Act (RLUIPA) and its impacts on zoning
matters. He reviewed the land use map and its inclusion of Religious Uses. Neubecker
discussed the types of issues including parking, lighting, traffic and noise that would be
addressed through the conditional use process. In conclusion, he discussed the approval
criteria for a text amendment and his findings that the proposed changes meet the criteria for
approval.
Rediker asked for clarification in the PA -2 zone district.
Rediker asked if this approach, opening up residential neighborhoods to Religious Institutions,
is the best approach at this time.
Neubecker provided a basis for staff's thoughts and asked the commissioners if they felt there
was a specific reason for not allowing religious uses in established neighborhoods.
Rediker discussed the fragmentation of zoning in Vail, and its differences from many
residential neighborhoods across the nation.
Cleveland asked if the use of a meeting room for religious uses is permissible.
Spence responded that the way the code is currently set up that use would require review.
Dominick Mauriello addressed the commission about the genesis of the issue and why it has
come forward at this time.
Commissioner Gillette proposed an approach of striking religious uses from the code and
treating all assembly uses (religious and non -religious) the same.
Public Comment: Bob Armour spoke to the proposal and its potential impacts on
neighborhoods. Mr. Armour feels that a conditional use permit is necessary to ensure impacts
are addressed.
Rediker proposed looking at the assembly definitions and how that might intersect with the
conditional use permit.
Martin feels looking at the potential impacts is necessary
Cleveland provided his insight on RLUIPA and if the conditional use permit would hold up to
scrutiny. Cleveland requested feedback from the town's attorney related to this.
Lockman requested additional materials related to this topic and what other mountain resort
communities have done. Lockman questioned a religious use as a permitted use in the PA/PA-
2 districts.
Cleveland feels that the Heavy Services (HS) district should not be excluded.
Pratt commented on the approach and the need for Conditional Use permits in established
neighborhoods. Pratt also spoke to on -street parking and the impacts that overflow can have
on neighborhoods.
Rediker requested more information from the Town's attorney.
Mauriello requested that the research on uses make sure that all uses are contemplated.
4. A request for a recommendation to the Vail Town Council for the adoption of the Strategic
Plan for Water Quality Improvements on Gore Creek. (PEC150027)
Applicant: Town of Vail
Planner: Kristen Bertuglia
Action: Table to November 23, 2015
Motion: Gillette Second: Rediker Vote: 6-0-0
5. A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail Town
Code, to allow for the future development of Employee Housing Units on the Chamonix parcel
located at 2310 Chamonix Road, Parcel B, Resubdivision of Tract D, Vail Das Schone Filing 1,
and setting forth details in regard thereto. (PEC150019)
Applicant: Town of Vail Community Development Department
Planner: George Ruther
Action: Table to November 23, 2015
Motion: Gillette Second: Rediker Vote: 6-0-0
6. Approval of Minutes
October 26, 2015 PEC Meeting Results
Motion: Cleveland Second: Lockman Vote: 5-0-1
(Rediker abstained)
7. Informational Update
Pratt requested clarification on on -street parking. Specifically, what is the Town's policy, and
specifically how does the Town address on -street parking for private parties in residential
neighborhoods?
8. Adjournment
The applications and information about the proposals are available for public inspection
during regular office hours at the Town of Vail Community Development Department, 75
South Frontage Road. The public is invited to attend the project orientation and the site visits
that precede the public hearing in the Town of Vail Community Development Department.
Times and order of items are approximate, subject to change, and cannot be relied upon to
determine at what time the Planning and Environmental Commission will consider an item.
Please call (970) 479-2138 for additional information. Sign language interpretation is
available upon request with 48-hour notification. Please call (970) 479-2356,
Telecommunication Device for the Deaf (TDD), for information.
Community Development Department
Published in the Vail Daily November 6, 2015
7. Informational Update
8. Adjournment
The applications and information about the proposals are available for public inspection during regular office
hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to
attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community
Development Department. Times and order of items are approximate, subject to change, and cannot be relied
upon to determine at what time the Planning and Environmental Commission will consider an item. Please call
(970) 479-2138 for additional information. Sign language interpretation is available upon request with 48-hour
notification. Please call (970) 479-2356, Telecommunication Device for the Deaf (TDD), for information.
Community Development Department
Published in the Vail Daily November 6, 2015
01),PLANNING AND ENVIRONMENTAL COMMISSION
T%V�J OF Vii November 9, 2015, 1:00 PM
Vail Town Council Chambers
75 S. Frontage Road - Vail, Colorado, 81657
1. Call to Order
2. A request for the review of a conditional use permit, pursuant to Section 12-713-3,
15 Min.
Conditional Uses, Vail Town Code, to allow for a liquor store, located at 227 Bridge Street
Unit F (Covered Bridge Condominiums)/Lots B -D, Block 513, Vail Village Filing 1, and
setting forth details in regard thereto. (PEC150032)
Applicant: 10th Mountain Whiskey
Planner: Jonathan Spence
3. A request for a recommendation to the Vail Town Council to allow for a zoning code
60 Min.
amendment pursuant to section 12-3-7, Amendment, Vail Town Code, to allow for
Religious Institutions as a Conditional Use in all zone districts except the Heavy Service
(HS) District, and setting forth details in regard thereto. (PEC150030)
Applicant: Town of Vail
Planner: Chris Neubecker
4. A request for a recommendation to the Vail Town Council for the adoption of the Strategic
60 min.
Plan for Water Quality Improvements on Gore Creek. (PEC150027)
Applicant: Town of Vail
Planner: Kristen Bertuglia
5. A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail Town
15 Min.
Code, to allow for the future development of Employee Housing Units on the Chamonix
parcel located at 2310 Chamonix Road, Parcel B, Resubdivision of Tract D, Vail Das
Schone Filing 1, and setting forth details in regard thereto. (PEC150019)
Applicant: Town of Vail Community Development Department
Planner: George Ruther
6. Approval of Minutes
October 26, 2015 PEC Meeting Results
7. Informational Update
8. Adjournment
The applications and information about the proposals are available for public inspection during regular office
hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to
attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community
Development Department. Times and order of items are approximate, subject to change, and cannot be relied
upon to determine at what time the Planning and Environmental Commission will consider an item. Please call
(970) 479-2138 for additional information. Sign language interpretation is available upon request with 48-hour
notification. Please call (970) 479-2356, Telecommunication Device for the Deaf (TDD), for information.
Community Development Department
Published in the Vail Daily November 6, 2015
TO6' d OF V It `
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: November 9, 2015
ITEM/TOPIC: A request for the review of a conditional use permit, pursuant to Section 12-713-3,
Conditional Uses, Vail Town Code, to allow for a liquor store, located at 227 Bridge Street Unit F
(Covered Bridge Condominiums)/Lots B -D, Block 5B, Vail Village Filing 1, and setting forth details
in regard thereto. (PEC150032)
ATTACHMENTS:
Name:
n PEC150032 10th Mt Whiskey CUP.pdf
D PEC150032 Attachments.pdf
Description:
PEC150032 10th Mt. Whiskey CUP
PEC150032 Attachments
0) rowN of vain
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: November 9, 2015
SUBJECT: A request for the review of a conditional use permit, pursuant to Section 12-16,
Conditional Uses, Vail Town Code, to allow for a liquor store, located at 227
Bridge Street, Unit F (Covered Bridge Condominiums)/Lots B -D, Block 5B, Vail
Village Filing 1, and setting forth details in regard thereto. (PEC150032)
Applicant: 10th Mountain Whiskey & Spirit Company
Planner: Jonathan Spence
SUMMARY
The applicant, 10th Mountain Whiskey & Spirit Company, is requesting a Conditional
Use Permit for a liquor store at 277 Bridge Street. Based upon Staff's review of the
criteria outlined in Section VII of this memorandum and the evidence and testimony
presented, the Community Development Department recommends approval, with a
condition, of this application subject to the findings noted in Section VIII of this
memorandum.
II. DESCRIPTION OF REQUEST
The applicant, 10th Mountain Whiskey & Spirit Company, is proposing to open a
specialty liquor store in a currently vacant commercial space in the Covered Bridge
Condominiums, located at 277 Bridge Street. The business is an upstart, craft distillery
located in Gypsum. Ownership would like to move their retail outlet and tasting room
featuring the 10th Mountain Whiskey and Spirit brand from its previously approved
location at 286 Gore Creek Drive. A Conditional Use Permit was approved unanimously
by the Planning and Environmental Commission on June 9, 2014 for this previous
location. The proposed new commercial space, Unit F of the Covered Bridge
Condominiums, is approximately 1,160 square feet in size. The proposal does not
include any changes to the exterior of the building, except a change of signage, which
would be part of a separate design review application. A vicinity map (Attachment A)
and the applicant's request (Attachment B) have been attached for review.
III. BACKGROUND
Liquor stores have been a conditional use in the Commercial Core 1 District since the
inception of the Town of Vail Zoning Regulations in 1973.
IV. APPLICABLE PLANNING DOCUMENTS
Title 12, Zoninq Regulations, Vail Town Code (in part)
ARTICLE 12-7B. COMMERCIAL CORE 1 (CCI) DISTRICT
12-7B-1: PURPOSE.-
The
URPOSE.The commercial core 1 district is intended to provide sites and to maintain the unique
character of the Vail Village commercial area, with its mixture of lodges and commercial
establishments in a predominantly pedestrian environment. The commercial core 1
district is intended to ensure adequate light, air, open space, and other amenities
appropriate to the permitted types of buildings and uses. The zoning regulations in
accordance with the Vail Village urban design guide plan and design considerations
prescribe site development standards that are intended to ensure the maintenance and
preservation of the tightly clustered arrangements of buildings fronting on
pedestrianways and public greenways, and to ensure continuation of the building scale
and architectural qualities that distinguish the village.
CHAPTER 12-16. CONDITIONAL USES PERMITS (in part)
SECTION 12-16-1. PURPOSE; LIMITATIONS.-
In
IMITATIONS.In order to provide the flexibility necessary to achieve the objectives of this title, specified
uses are permitted in certain districts subject to the granting of a conditional use permit.
Because of their unusual or special characteristics, conditional uses require review and
evaluation so that they may be located properly with respect to the purposes of this title
and with respect to their effects on surrounding properties. The review process
prescribed in this chapter is intended to assure compatibility and harmonious
development between conditional uses and surrounding properties and the town at large.
Uses listed as conditional uses in the various districts may be permitted subject to such
conditions and limitations as the town may prescribe to ensure that the location and
operation of the conditional uses will be in accordance with development objectives of
the town and will not be detrimental to other uses or properties. Where conditions cannot
be devised to achieve these objectives, applications for conditional use permits shall be
denied.
The Vail Village Master Plan (in part)
V. GOALS, OBJECTIVES, POLICIES AND ACTION STEPS
V.
1y/I
GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRYAND PROMOTE YEAR -
AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE
COMMUNITY ASA WHOLE.
Objective 2.2. Recognize the importance of Vail Village as a mixed use center of
activities for our guests, visitors and residents.
Objective 2.4. Encourage the development of a variety of new commercial activity where
compatible with existing land uses.
SITE ANALYSIS
Address: 277 Bridge Street, Unit F
Legal Description: Lots B and D, Block 513, Vail Village Filing
Zoning: Commercial Core 1 District
Land Use Plan Designation: Village Master Plan
Current Land Use: Mixed Use
Geologic Hazards: None
SURROUNDING LAND USES AND ZONING
VII. CONDITIONAL USE PERMIT REVIEW CRITERIA
Before acting on a Conditional Use Permit application, the Planning and Environmental
Commission shall consider the following factors with respect to the proposed use:
1. Relationship and impact of the use on the development objectives of the Town.
The Town of Vail development objectives noted in Section IV include enhancing the
livelihood of the commercial cores, as well as providing new retail experiences and
options for guests. Staff finds that this Conditional Use Permit will positively impact
these objectives, as 1ot" Mountain Whiskey & Spirit Company provides a different retail
experience than other liquor stores in Vail Village. This specialty liquor store will
exclusively feature the 1ot" Mountain Whiskey & Spirit brand, which offers five varieties
of liquor. In addition to the sale and tasting of the brand, related merchandise will also
be offered.
Land Use
Zone District
North
TOV Streamtract
Outdoor Recreation
South
Mixed Use
Commercial Core 1
East
Mixed Use
Commercial Core 1
West
Mixed Use
Commercial Core 1
VII. CONDITIONAL USE PERMIT REVIEW CRITERIA
Before acting on a Conditional Use Permit application, the Planning and Environmental
Commission shall consider the following factors with respect to the proposed use:
1. Relationship and impact of the use on the development objectives of the Town.
The Town of Vail development objectives noted in Section IV include enhancing the
livelihood of the commercial cores, as well as providing new retail experiences and
options for guests. Staff finds that this Conditional Use Permit will positively impact
these objectives, as 1ot" Mountain Whiskey & Spirit Company provides a different retail
experience than other liquor stores in Vail Village. This specialty liquor store will
exclusively feature the 1ot" Mountain Whiskey & Spirit brand, which offers five varieties
of liquor. In addition to the sale and tasting of the brand, related merchandise will also
be offered.
2. The effect of the use on light and air, distribution of population, transportation
facilities, utilities, schools, parks and recreation facilities, and other public
facilities needs.
Because the proposal will occupy an existing retail space with a specialty liquor store
within an existing building, Staff believes it will not have any effect on light and air,
distribution of population, transportation facilities, utilities, schools, parks and recreation
facilities and other public facilities needs.
3. Effect upon traffic with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the street and parking areas.
As a business in the pedestrian oriented Vail Village, most patrons will be frequenting
other businesses in the same trip and/or will be staying in close proximity to the
business. There are no changes to the exterior of the building proposed. For these
reasons, Staff finds that the proposal will not have any effect on traffic, automotive and
pedestrian safety, traffic flow and control, access, maneuverability and removal of snow.
4. Effect upon the character of the area in which the proposed use is to be
located, including the scale and bulk of the proposed use in relation to
surrounding uses.
As a specialty liquor store, this commercial space will maintain the character of the
area, eliminating a vacant space. There are no effects on scale and bulk because there
are no exterior changes to the structure.
VIII. STAFF RECOMMENDATION
Based upon the review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission approves, with conditions,
this conditional use permit to allow for a liquor store, located at 277 Bridge Street Unit F
(Covered Bridge Condominiums)/Lots B -D, Block 5B, Vail Village Filing 1, and setting
forth details in regard thereto.
Should the Planning and Environmental Commission choose to approve this conditional
use permit request, the Community Development Department recommends the
Commission passes the following motion:
"The Planning and Environmental Commission approves this request for a
conditional use permit, pursuant to Section 12-16, Conditional Uses, Vail Town
Code, to allow for a liquor store, located at 277 Bridge Street, Unit F (Covered
Bridge Condominiums)/Lots B -D, Block 5B, Vail Village Filing 1, and setting forth
details in regard thereto. "
Should the Planning and Environmental Commission choose to approve this conditional
use permit request, the Community Development Department recommends the
Commission impose the following conditions:
Illuminated signs, such as neon, gas filled or LED lit signs, shall not be visible
from the exterior of the business.
Should the Planning and Environmental Commission choose to approve this conditional
use permit request, the Community Development Department recommends the
Commission make the following findings:
"Based upon the review of the criteria outlined in Section Vll of the Staff
memorandum to the Planning and Environmental Commission dated November
9, 2015, and the evidence and testimony presented, the Planning and
Environmental Commission finds.-
1.
inds.
1. The proposed conditional use permit is in accordance with the purposes of the
Zoning Regulations and the Commercial Core 1 District.
2. The proposed conditional use permit and the conditions under which it will be
operated or maintained are not detrimental to the public health, safety, or
welfare or materially injurious to properties or improvements in the vicinity.
3. The proposed conditional use permit complies with each of the applicable
provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code."
IX. ATTACHMENTS
A. Vicinity Map
B. Property Photo
C. Applicant's Narrative (May 15, 2014)
D. Conditional Use Permit (draft)
I
w
_ 4F
Art
May 15, 2014
ATTN: Planning and Environmental Commission
C/O: Town of Vail
RE: Conditional Use Application for 286 Bridge Street
To Whom It May Concern,
Please find to follow, as required for the Conditional Use Application submitted on Monday, May 12`', 2014 for 286
Bridge Street, whose Legal Description is: VAIL VILLAGE FILING 1 Block: 5A Lot: C PT OF BK -0404 PG -0411 QCD 01-
08-85, the additional criteria needed in order to further process the aforementioned application.
The 10`h Mountain Whiskey & Spirit Company, LLC plan to occupy this location for the purpose of opening the Vail
Valley's is` "Tasting Room" providing both the sale of retail hard/soft goods (t -shirts, hats, etc...) and alcohol spirits
exclusive to the 10`h Mountain Whiskey & Spirit Company, LLC products only. This location will offer sample
tastings of the 10`h's products that are produced and distributed from the Town of Gypsum in Eagle County. With
convenient access from Gore Creek Drive, we feel this location is suiting for deliveries of goods and products with
minimal impact to the surrounding businesses such as Patagonia and Gorsuch. As both of these locations have
become long-time destination based retail locations for visitors and locals we feel this business will soon become
the same.
1) Relationship/ impact of Use on Development Objectives of the Town of Vail:
With offices located in the Gateway Building at 12 Vail Road, this location will have minimal
storage needs which will also ad in reducing the amount of delivery traffic.
2) Effect of use on Light/Air, distribution of population, , transportation facilities, utilities, schools,
parks and recreation facilities, and other public facilities and public facility needs.
Hours of operation will neighbor around a 10:00 a.m. opening and 8:00 p.m. closing with peak
hours occurring between 12:00 noon and 6:00 p.m. This location and its visitors will be able to
utilize the Vail Transportation and Parking Systems. Outdoor seating will provide a place for all
visitors who may be shopping at the Tasting Room or a neighboring business to sit and relax
while they shop (seating of 3 to 4 tables maximum) to enjoy a hidden view flowing waters to the
Gore Creek.
CHRISTIAN AVIGNON PO BOX 574 RYAN THOMPSON
(970) 331-3261 VAIL, CO 81658 (970) 331-3402
3) The effect upon traffic, congestion, auto and pedestrian safety & convenience, traffic flow, snow
removal and parking.
This proposed use will have no impact on traffic flow for auto or pedestrian traffic, nor an impact
on snow removal; i.e. outdoor seating will not be offered in the winter season.
4) The effect upon the character of the area, in which the proposed use is to be located, included scale
and bulk of proposed use in relation to surrounding areas.
The 10`h Mountain Whiskey & Spirit Company was created and will promote, through its sales
and exposure, the history of Vail as it has been passed down from generation to generation, just
as it has been for co-owner Christian Avignon, whose grandfather was a member of the 10`h
Mountain Division. Following the Mountain Lifestyle character and image as a business in the
Vail Village, it is the intention of owners Christian Avignon and Ryan Thompson to not only bring
back founding memories for those of all ages who visit but also to create new ones for Vail's
current and future patrons.
Thank you for the opportunity to bring this exciting new concept to the Vail Valley.
Regards,
Christian Avignon
Ryan Thompson
Owners, 101h Mountain Whiskey & Spirit Company, LLC
CHRISTIAN AVIGNON PO BOX 574 RYAN THOMPSON
(970) 331-3261 VAIL, CO 81658 (970) 331-3402
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TO6' d OF V It `
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: November 9, 2015
ITEM/TOPIC:
A request for a recommendation to the Vail Town Council to allow for a zoning code amendment
pursuant to section 12-3-7, Amendment, Vail Town Code, to allow for Religious Institutions as a
Conditional Use in all zone districts except the Heavy Service (HS) District, and setting forth details
in regard thereto. (PEC150030)
ATTACHMENTS:
ivame: Description:
D PEC 150030 Zoning For Religious Institutions 11092015.pdf PEC 150030 Religious Institutions Staff memo
D PEC150030 Map Religious Institutions 11092015.pdf PEC 150030 Attachment 1
D PEC150030 Narrative.pdf PEC 150030 Attachment 2
0) TOWN OF VAIL '
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: November 9, 2015
SUBJECT: A request for a recommendation to the Vail Town Council to allow for a zoning
code amendment pursuant to section 12-3-7, Amendment, Vail Town Code, to
allow for Religious Institutions as a Conditional Use in all zone districts except
the Heavy Service (HS) District, Outdoor Recreation (OR) District, and the
Natural Area Preservation (NAP) District and setting forth details in regard
thereto. (PEC150030)
Applicant: Town of Vail
Planner: Chris Neubecker
SUMMARY
Religious Institutions are currently allowed in Vail as a Conditional Use in four zoning districts.
These zones are:
• High Density Multiple -Family (HDMF)
• Public Accommodation (PA)
• Agricultural and Open Space (A)
• General Use (GU)
Religious Institutions are currently prohibited in all other zone districts. Following is the current
definition of Religious Institutions per Section 12-2-2 of the Zoning Regulations:
RELIGIOUS INSTITUTION: A building used for public worship by any number of
congregations, excluding buildings used exclusively for residential, educational, recreational or
other uses not associated with worship. Includes churches, chapels, cathedrals, temples, and
similar designations.
The Community Development Department believes that Religious Institutions could be
accommodated in almost all zoning districts if the application meets the required criteria for
parking, setbacks, height, architectural design and other development standards and design
guidelines. As conditional uses, the Planning and Environmental Commission will have the
opportunity to address the potential impacts unique to these uses.
II. DESCRIPTION OF REQUEST
The Community Development Department recommends a change to the text of the Zoning
Regulations to allow Religious Institutions as a conditional use in all zoning districts except for
the Heavy Service (HS) District, Outdoor Recreation (OR) District, and the Natural Area
Preservation (NAP) District. This change would open many additional zone districts within the
Town to Religious Institutions.
Religious Institutions on the first floor or street level in some zone districts are incompatible
with the intended character of the district and the community goal of creating economically
vibrant commercial areas. The impacts of Religious Institutions on the first floor or street level
in commercial zone districts are similar to conference facilities and meeting rooms. These uses
do not contribute to commercial activity at the street level and are often vacant for long periods
of time. As a result, the Community Development Department proposes that Religious
Institutions follow the same vertical zoning restrictions that apply to conference facilities and
meeting rooms. In some zone districts (i.e. Commercial Core 1 (CC1) District) this restriction
would only allow Religious Institutions on the second floor or above, but not on the first floor or
street level. In zone districts where conference facilities and meeting rooms are allowed on the
first floor or street level, Religious Institutions would also be allowed as a conditional use.
III. BACKGROUND
This item has not been previously discussed by the Planning and Environmental Commission.
The Town was recently approached by a property owner asking the Town to consider changes
to the zoning code. After reviewing the limited locations where Religious Institutions are
currently allowed, staff determined that this text amendment should be considered and
reviewed by the Planning and Environmental Commission.
Religious Institutions are currently allowed as a conditional use in only four zoning districts
within the town, including:
o High Density Multiple -Family (HDMF)
o Public Accommodation (PA)
o Agricultural and Open Space (A)
o General Use (GU)
These limited zone districts reduce the opportunities to locate Religious Institutions, which can
also reduce opportunities for community development through social interaction. Additionally,
providing more locations for Religious Institutions can have help make communities more open
and inclusive by promoting diversity and improving social services. This is because many
Religious Institutions provide services and activities beyond a place for public worship. These
may include, but are not limited to, religious education classes, counseling services, social
gatherings and meeting spaces.
Many Religious Institutions also provide outreach services to underserved communities,
including the poor, hungry, abused, and victims of disasters. Some of these uses are currently
allowed in other zone districts beyond those listed above. However, based on the current
Town of Vail Page 2
definition of Religious Institutions, the "public worship" aspect is currently allowed only in these
four zone districts.
Vail Interfaith Chapel
The Vail Interfaith Chapel on Vail Road provides services for a variety of faiths; the chapel
itself, however, is primarily Christian in design which may not be welcoming to all faiths.
Legal Issues — RLUIPA
In 2000, the Religious Land Use and Institutionalized Persons Act (RLUIPA) was adopted by
the U.S. Congress to protect religious institutions from overly burdensome land use regulations
(including zoning). In general, RLUIPA prohibits governments from enacting zoning legislation
that would create a substantial burden on the right to religious exercise of a person or
institution, unless the government can demonstrate that the law is furthering a compelling
government interest, and that the law is the least restrictive means of furthering that compelling
interest. The law also prohibits zoning regulations that are more onerous on religious
institutions than similar non -religious uses (such as fraternal organizations and other assembly
uses.)
The Community Development Department believes that the proposed text amendments would
help to meet the intent of RLUIPA. We also recognize the benefits of allowing religious
institutions in more zone districts throughout the community.
IV. APPLICABLE PLANNING DOCUMENTS
Vail Land Use Plan
The following language is taken from the Vail Land Use plan, which specifically
mentions churches as a type of land use which should occur within the Town:
CHAPTER VI — PROPOSED LAND USE
4. Proposed Land Use Categories
New land use categories were defined to indicate general types of land uses which
should occur within the Town during the planning period. These categories were varied
from the existing land use categories to reflect the goals of the community more
accurately. The specific land uses are listed as examples and are not intended to
reflect an all-inclusive list of uses. Uses would be controlled by zoning. These
categories are indicated below.
LDR Low Density Residential
This category includes single-family detached homes and two-family dwelling units.
Density of development within this category would typically not exceed 3 structures per
buildable acres. Also within this area would be private recreation facilities such as tennis
Town of Vail Page 3
courts, swimming pools and club houses for the use of residents of the area.
Institutional/ public uses permitted would include churches, fire stations, and parks and
open space related facilities. (Emphasis added)
MDR Medium Density Residential
The medium density residential category includes housing which would typically be
designed as attached units with common walls. Densities in this category would range
from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category
would include private recreation facilities, private parking facilities and institutional /
public uses such as parks and open space, churches and fire stations. (Emphasis
added)
V. DISCUSSION ITEMS
o Zoning — The zoning for religious uses should consider the extent to which these uses
are compatible with other uses allowed in the same zone district. Religious Institutions
are frequently found in residential neighborhoods to conveniently serve their
congregation. Religious Institutions can also be found in commercial and civic areas. In
some communities, the church or other religious institution is a focal element of the
community.
The impacts of Religious Institutions on the first floor or street level in commercial zone
districts are similar to conference facilities and meeting rooms. These uses do not
contribute to commercial activity at the street level and are often vacant for long periods
of time. As a result, the Community Development Department proposes that Religious
Institutions be allowed on the same levels where conference facilities and meeting
rooms would be permitted.
As proposed, all zone districts in the Town would allow Religious Institutions as a
Conditional Use, except for the Heavy Service (HS) District, the Outdoor Recreation
(OR) District, the Natural Area Preservation (NAP) District, and the Public
Accommodation -2 (PA -2) District.
o The Heavy Service (HS) District was excluded from this list due to perceived
conflicts with some of the allowed uses in the district, which include automotive
service stations, repair garages, and sexually oriented business, among several
other uses.
o The Outdoor Recreation (OR) District is intended to preserve undeveloped or
open space lands from intensive development while permitting outdoor
recreational activities that provide opportunities for active and passive recreation
areas, facilities and uses. Large buildings with parking contradict the goals of this
district.
o The Natural Area Preservation (NAP) District is intended to preserve
environmentally sensitive areas and protect habitat, wetlands and other
significant and important natural features incompatible with most development.
Town of Vail Page 4
o In the Public Accommodation -2 (PA -2) District, meeting rooms are currently
allowed as an accessory use. In order to accommodate Religious Institutions in a
manner that is not more restrictive than meeting rooms, Religious Institutions are
proposed to be allowed as a permitted use in this zone district. This change will
also match Religious Institutions as a permitted use in Public Accommodation
(PA) District.
o Parking — One factor with potential impacts from Religious Institutions is parking. Due to
the large groups that often gather at concentrated periods within Religious Institutions,
large areas of parking are often required. In some cases, on-site parking is not sufficient
and parking spills out onto public streets. On -street parking is prohibited in most areas
of Vail, so on-site parking will need to comply with Title 12, Chapter 10, Off -Street
Parking and Loading.
The conditional use process will allow the Planning and Environmental Commission an
opportunity to review the proposed parking for the new use in order to identify and
mitigate potential impacts on neighboring properties. During the conditional use
process, additional detail on parking demand can be analyzed through a special parking
study.
o Traffic — Due to the concentration of people coming to a Religious Institution at the same
time, there is potential for traffic impacts. While these impacts are often limited to
specific times of the day or days of the week, traffic can still have impacts on
neighboring uses. A traffic study could be required as part of a conditional use
application. (As with parking, if Religious Institutions are located in central locations
served by transit, or where many of the attendees can easily walk to the site, a traffic
study may not be necessary.)
Section 12-10-10, Parking Requirements Schedule, currently indicates that parking for
any use not listed is "to be determined by the planning and environmental commission".
Religious Institutions are not a listed use in the Parking Requirements Schedule. The
Community Development Department recommends that the existing parking
requirements remain unchanged, and that parking for Religious Institutions be reviewed
by the Planning and Environmental Commission as part of the conditional use permit
process.
o Lighting — Due to the size of the parking areas that may be required, exterior and
parking lot lighting needs to be sensitive to the neighboring uses. This is a particular
concern in residential areas where lighting has potential to impact residential uses. The
existing outdoor lighting regulations are designed to limit negative impacts while still
allowing for safety and architectural lighting.
Lighting should be reviewed during the conditional use hearing.
o Noise — Religious Institutions with large choirs, music, and other events have potential to
create noise that could impact neighboring uses. The potential for noise should be
reviewed during a conditional use permit hearing. Depending on the location of the
Town of Vail Page 5
noise source relative to neighboring uses, impacts may be kept at a minimum. In many
congregations, religious services are solemn and quite. At other times, vibrant music
and celebration is a central part of the service. During summer, when windows may be
open at residences and at a Religious Institution, there is more potential for noise
impacts. The conditional use process will allow an opportunity to identify noise sources
and an opportunity for the applicant to mitigate noise impacts.
o Architectural Character — Existing design review polices and procedures have already
been established to address architectural form, materials and colors. Any new Religious
Institutions will be required to comply with established architectural guidelines. The
Design Review Board will review the exterior design of new buildings.
o Signage — All new signs require design review and will need to be reviewed for
compatibility and with established sign regulations.
VI. CRITERIA
Section 12-3-7 C2 of the Zoning Regulations identifies the factors that the Planning and
Environmental Commission must consider before making a recommendation for a
change to the text of the code. These factors with respect to text amendments include
the following:
(1) The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
(General and Specific Purposes of the Zoning Regulations)
Purpose.-
A.
urpose.A. General. These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the town, and 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.
B. Specific. These regulations are intended to achieve the following more specific
purposes.-
1.
urposes.
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and
other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to
lessen congestion in the streets.
4. To promote adequate and appropriately located off street parking and loading
facilities.
Town of Vail Page 6
5. To conserve and maintain established community qualities and economic values.
6. To encourage a harmonious, convenient, workable relationship among land uses,
consistent with municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with
structures.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable
natural features.
10. To assure adequate open space, recreation opportunities, and other amenities
and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
Staff finds that the proposed text amendments would further the general and specific
purposes of the zoning regulations. Religious Institutions help to promote the health,
safety, morals, and general welfare of the town. As a conditional use, review of new
Religious Institutions will 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.
(2) The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail comprehensive plan and is compatible with the development
objectives of the town; and
As discussed in Section IV above, the Vail Land Use Plan mentions churches as
being compatible and desirable in Low Density and Medium Density Residential
areas.
(3) The extent to which the text amendment demonstrates how conditions have
substantially changed since the adoption of the subject regulation and how the
existing regulation is no longer appropriate or is inapplicable; and
As Vail continues to grow, it is prudent to consider allowing Religious Institutions in
more zone districts. The existing regulations provide only four zone districts where
Religious Institutions can currently locate. Much of the land in some of these zone
districts is owned by the Town or other public agencies. Staff believes that there are
only three zone districts (out of 28) where Religious Institutions are incompatible with
surrounding uses, and that Religious Institutions are otherwise compatible in all
other zone districts.
Town of Vail Page 7
(4) The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
As a Conditional Use, applicants for Religious Institutions will be required to prove
that their development meets the land use regulations in a manner consistent with
municipal development objectives. This process will be similar to other assembly
uses in the same zone districts, such as conference facilities and meeting rooms.
(5) Such other factors and criteria the planning and environmental commission
and/or council deem applicable to the proposed text amendment.
VII. STAFF RECOMMENDATION
Based upon the review of the criteria in Section VI of this memorandum and on the
evidence and testimony presented, the Community Development Department
recommends that the Planning and Environmental Commission make a
recommendation that the Town Council approve the proposed text amendments to Title
12, Zoning Regulations of the Town Code to allow Religious Institutions as a
Conditional Use in all zone districts except the Heavy Service (HS) District, Outdoor
Recreation (OR) District, the Natural Area Preservation (NAP) District, and the Public
Accommodation -2 (PA -2) District. Within the Public Accommodation -2 (PA -2) District,
Religious Institutions are proposed as a permitted use.
If the Planning and Environmental Commission chooses to recommend approval of the
proposed text amendments, the Community Development Department recommends the
following motion:
"The Planning and Environmental Commission forwards a recommendation of
approval to the Vail Town Council for an amendment to Title 12, Zoning
Regulations, of the Town Code to allow Religious Institutions as a Conditional
Use in all zone districts except the Heavy Service (HS) District, Outdoor
Recreation (OR) District, and the Natural Area Preservation (NAP) District, and
within the Public Accommodation -2 (PA -2) District, Religious Institutions be a
permitted use, and that within any zone district where Religious Institutions are
permitted as a Conditional Use, such Religious Institutions shall be allowed on
the same floor level/locations as conference facilities and meeting rooms."
Before recommending and/or granting an approval of an application for a text
amendment the Planning and Environmental Commission and the Town Council shall
make the following findings with respect to the requested amendment:
(1) That the amendment is consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail comprehensive plan
and is compatible with the development objectives of the town, and
Town of Vail Page 8
(2) That the amendment furthers the general and specific purposes of the zoning
regulations, and
(3) That the amendment promotes the health, safety, morals, and general welfare
of the town and promotes the coordinated and harmonious development of the
town in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest
quality.
VIII. ATTACHMENTS
A. Map of Existing and Proposed Zone Districts allowing Religious Institutions
B. Narrative — Mauriello Planning Group
Town of Vail Page 9
Proposed
%/ Vail Village Townhouse (VVT)
Zoning
Amendment
Housing (H)
- Regulation
of
Religious
Arterial Business (ABD)
Institutions -
ZONE DISTRICTS CURRENTLY ALLOWED
FOR RELIGIOUS INSTITUTIONS
Excluding properties 01"1 11 government or quasiywernment agencies.
1.2rammil
- High Density Multiple -Family (HDMF)
- Public Accommodation (PA)
- Agricultural and Open Space (A)
- General Use (GU)
ZONE DISTRICTS PROPOSED TO ALLOW
FOR RELIGIOUS INSTITUTIONS
sAll
•
s.�
Hillside Residential (H)
%/ Vail Village Townhouse (VVT)
Lionshead Mixed Use 2 (LMU-2)
Single -Family Residential (SFR)
Housing (H)
Commercial Service Center (CSC)
Two- Family Residential (R)
Public Accommodation (PA)
Arterial Business (ABD)
Two -Family Primary/Secondary Residential (PS) Public Accommodation -2 (PA -2)
Agricultural and Open Space (A)
Residential Cluster(RC)
Commercial Core 1 (CCI)
Ski Base/Recreation (SBR)
LowDensity Multiple -Family (LDMF)
Commercial Core 2 (CC2)
Ski Base/Recreation 2 (SBR -2)
Medium Density Multiple -Family (MDMF)
Commercial Core 3 (CC3)
Parking (P)
High Density Multiple -Family (HDMF)
Lionshead Mixed Use 1 (LMU-1)
General Use (GU)
Excluding properties owned by government or quasiywernment agencies.
e Miles Thismapwascreatedbythe Town of Vail GISTeam U-athismapshouldb forgeneralpurposesony
The Town of Vail does not warrant the accuracy of the information contained herein.
0 1 2 where shown, parcel line work is approximate)
Last Moddied: November 2, 2015
TOWN OF VA
Ail 1[el1iv/IiRmMmiIWrel IUSIiLIIIaIkIre
MPG
Mauriello Planning Group
INTRODUCTION
Mauriello Planning Group is representing the Jewish Community Center, Chabad of Vail, which is
requesting a text amendment to the Zoning Regulations to allow for "religious institutions" in all
commercial zone districts in the Town of Vail. Earlier this year, Rabbi Dovid Mintz of the Chabad of Vail
was pursuing options for a new location in Vail. In the search, it was identified that "religious
institutions" are allowed in very few zone districts, making possible locations difficult.
The Vail Town Code currently provides a definition for "religious institution" which is provided below:
RELIGIOUS INSTITUTION: A building used for public worship by any number of congregations,
excluding buildings used exclusively for residential, educational, recreational or other uses not
associated with worship. Includes churches, chapels, cathedrals, temples, and similar designations.
A "religious institution" is allowed in only five zone districts in the Town of Vail and only allowed
through the Conditional Use Permit process. A religious institution is allowed in the following districts:
• High Density Multiple Family (HDMF)
• Public Accommodation (PA)
• Public Accommodation 2 (PA -2)
• Agricultural and Open Space (AG)
• General Use (GU)
The applicant is proposing that "religious institutions" be allowed by a Conditional Use Permit in the
following additional zone districts:
• Commercial Core 1 (Vail Village)
• Commercial Core 2 (Village Center Building)
• Commercial Core 3 (West Vail Mall/Holiday Inn)
• Commercial Service Center (Solaris/Gateway Building)
• Arterial Business (Cascade Crossing/Vail Professional Building)
• Heavy Service (West Vail Gas Stations)
• Lionshead Mixed Use 1 (Lionshead Core)
• Lionshead Mixed Use 2 (Lionshead/Vail Maintenance)
By allowing religious institutions as a conditional use, the Town maintains the ability to decide if a
proposed location is appropriate through the review of a conditional use permit by the Planning and
Environmental Commission, with the ability of the Town Council to call-up or hear an appeal. The
Conditional Use Permit requires the following criteria and findings for the approval of a Conditional Use
Permit:
12-16-6: CRITERIA; FINDINGS:
A. Factors Enumerated: Before acting on a conditional use permit application, the planning and
environmental commission shall consider the following factors with respect to the proposed use:
1. Relationship and impact of the use on development objectives of the town.
2. Effect of the use on light and air, distribution of population, transportation facilities,
utilities, schools, parks and recreation facilities, and other public facilities and public
facilities needs.
3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian
safety and convenience, traffic flow and control, access, maneuverability, and removal of
snow from the streets and parking areas.
4. Effect upon the character of the area in which the proposed use is to be located,
including the scale and bulk of the proposed use in relation to surrounding uses.
S. Such other factors and criteria as the commission deems applicable to the proposed
use.
6. The environmental impact report concerning the proposed use, if an environmental
impact report is required by chapter 12 of this title.
B. Necessary Findings: The planning and environmental commission shall make the following
findings before granting a conditional use permit:
1. That the proposed location of the use is in accordance with the purposes of this title
and the purposes of the zone district in which the site is located.
2. That the proposed location of the use and the conditions under which it would be
operated or maintained will not be detrimental to the public health, safety, or welfare, or
materially injurious to properties or improvements in the vicinity.
3. That the proposed use will comply with each of the applicable provisions of this title.
RLUIPA
The Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) is a federal statute enacted
to safeguard religions freedoms from governmental interference. The following information is from the
U.S. Department of Justice Civil Rights Division: A Guide to Federal Religious Land Use Protections
(attached.) The key provision specifically states:
No government shall improve or implement a land use regulation in a manner that impose a
substantial burden on the religious exercise of a person, including a religious assembly or
institution, unless the government demonstrates that imposition of the burden on that person,
assembly, or institution is in the furtherance of a compelling governmental interest, and is the
least restrictive means of furthering that compelling governmental interest.
RLUIPA provides the following provisions:
• RLUIPA prevents the infringement of religious exercise
• Religious institutions must be treated as similar to comparable secular institutions
• RLUIPA bars discrimination among religions
• Zoning ordinances may not totally exclude religious assemblies
• RLUIPA forbids laws that unreasonably limit houses of worship
Since 2000 when the statute was enacted, many communities have enacted new zoning regulations to
ensure that they are in compliance with RLUIPA. Planning and Law conferences have many sessions
dedicated to educating communities on RLUIPA. For example, the 2006 American Planning
2
Association's Planning and Urban Design Standards provides specific recommendations to ensure that
communities are not contradictory to RLUIPA:
As provided in the recommendations, the proposal is
to allow religious institutions in all commercial zone
districts. This is in response to bullet 3, stating "Allow
religious institutions in multiple zone districts, including
districts where very large and active facilities with
early -morning and late-night activities and/or high
levels of traffic would be appropriate." No
amendments are being proposed to any residential
zone districts.
Of the 27 zone districts provided in Vail's Zoning
Regulations for the entire Town (excluding Special
Development Districts) religious institutions are
allowed by conditional use permit in only five zone
districts:
• High Density Multiple Family (HDMF)
• Public Accommodation (PA)
• Public Accommodation 2 (PA -2)
• Agricultural and Open Space (AG)
• General Use (GU)
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Other than HDMF, these zone districts do present nn rengious insrirutinns, he sure to Impose the
some challenges for religious institutions. Both the PA same condit[ons on placcs of nnnrc:liginUs
assenIbly in the SAMe 7.{ W,. dI.I-rI7Cts.
and PA -2 zone districts have the primary goal of +y4LtCrl� is}ncli[itrnctl-lltic: r.I o.11i,ichral ctl,T,rcruals
providing locations for lodging, a use that is highly L:IIII1�`t h,.:.LtikALik'd. ,.I :.tG :: i1,_:,1)ti o1L dcic-
valued by the Town. The AG district is often large n1c Ir.ingrh "tt n,i, :ir_} ,ri ,c 11.in:I. r st
tracts of Town owned land used as open space, involved .Ind r11,11 .,td are :11,
including stream tracts. The GU district is generally `least re-%MCtivc I„4- r,�' Of adiI, ..1,4; that frntewst.
applied to public institutions, such as schools,
government facilities, parks, or hospitals. The existing Vail Interfaith Chapel, owned by the Vail
Religious Foundation, is located on a property zoned GU. The five districts included above are generally
area that are fully developed and do not include tenant spaces available for lease or purchase. This
again restricts the supply of land or buildings available for religious institutions, thus making it
extremely difficult to find opportunities for religious assembly.
The Town's GIS department provided an analysis of the total area of each zone district. We took this
data and calculated the percentage of each zone district of the total area of the Town. To simplify the
analysis, Special Development Districts are excluded from this analysis. Special Development Districts
are unique because their uses vary both by underlying zoning and with other use restrictions included
in the adopting ordinance.
3
Zone District
Allowance for Religious
Institutions in All Zone Districts
Percentage of Town
Zoned this District
(excluding SDDs)
Hillside Residential
Not Allowed
1.224%
Single -Family Residential
Not Allowed
1.706%
Two -Family Residential
Not Allowed
7.488%
Two -Family Primary Secondary Residential
Not Allowed
15.664%
Residential Cluster
Not Allowed
7.679%
Low Density Multiple Family
Not Allowed
3.594%
Medium Density Multiple Family
Not Allowed
2.494%
High Density Multiple Family
Conditional Use
0.925%
Housing
Not Allowed
1.023%
Vail Village Townhouse District
Not Allowed
0.047%
Public Accommodation
Conditional Use
0.282%
Commercial Core 1
Not Allowed
0.392%
Commercial Core 2
Not Allowed
0.074%
Commercial Core 3
Not Allowed
0.794%
Commercial Service Center
Not Allowed
0%
Arterial Business
Not Allowed
0.096%
Heavy Service
Not Allowed
0.106%
Lionshead Mixed Use 1
Not Allowed
2.095%
Lionshead Mixed Use 2
Not Allowed
0.257%
Public Accommodation 2
Conditional Use
0.086%
Agricultural and Open Space
Conditional Use
4.018%
Outdoor Recreation
Not Allowed
12.152%
Natural Area Preservation District
Not Allowed
25.908%
Ski Base Recreation
Not Allowed
2.414%
Ski Base Recreation 2
Not Allowed
0.366%
Zone District
Allowance for Religious
Percentage of Town
Institutions in All Zone Districts
Zoned this District
(excluding SDDs)
Special Development District
Uses Based on Underlying Zoning
NA
or Adopting Ordinance
Parking
Not Allowed
0.087%
General Use
Conditional Use
7.638%
This table shows that religious institutions are allowed by conditional use in 12.949% of the land area of
the Town (excluding SDDs which are approximately 162 acres or 7.328% of the Town). The percentage
reduces to 1.293% with the exclusion of Agriculture and Open Space and General Use, since they are
largely government owned or not intended for development. By adding in the proposed commercial
zone districts, the percentage of land area that would allow religious institutions increases to 16.763%
or 5.107% excluding Agriculture and Open Space and General Use.
Land area may not be the best measure of site availability, as factors other than zoning effect site
availability. For example, land that is zoned commercially has much greater opportunity for leasable
space than land zoned for low density residential uses. However, the analysis provides some guidance
to the Town in the decision-making process.
CRITERIA FOR REVIEW OF TEXT AMENDMENT
....................................................................................................................................................................... .
The review criteria for a text amendment are provided in Section 12-3-7 and are listed below. The
Applicant's analysis of conformance with the criteria follows:
A. Factors Enumerated: Before acting on an application for an amendment to the regulations
prescribed in this title, the planning and environmental commission and town council shall
consider the following factors with respect to the requested text amendment:
1. The extent to which the text amendment furthers the general and specific purposes of the
zoning regulations
Applicant Analysis: Chapter 12-1-2: provides the general and specific purposes of the Zoning
Regulations:
A. General: These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the town, and 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.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
5
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and
other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to
lessen congestion in the streets.
4. To promote adequate and appropriately located off street parking and loading
facilities.
5. To conserve and maintain established community qualities and economic values.
6. To encourage a harmonious, convenient, workable relationship among land uses,
consistent with municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with
structures.
B. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable
natural features.
10. To assure adequate open space, recreation opportunities, and other amenities
and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
While not all of the purpose statements are applicable to this application, this text
amendment furthers many of the above statements, specifically the following:
5. To conserve and maintain established community qualities and economic values.
The Town has placed a high priority on creating a premier mountain resort community.
"Religious Institutions" are an important part of creating a sense of community.
6. To encourage a harmonious, convenient, workable relationship among land uses,
consistent with municipal development objectives.
This amendment allows for all religious communities in Vail to have greater opportunity to
provide services to both Vail residents and visitors. Providing religious services helps make
Vail more sustainable as a community and helps keep revenue in Vail since attending
religious services is often followed by shopping or eating. This creates a harmonious,
convenient, and workable relationship among land uses.
8. To safeguard and enhance the appearance of the town.
The review of the conditional use permit allows the Planning and Environmental
Commission to ensure that the appearance of the Town is enhanced by this land use
(religious institution), as it has ultimate review authority on a conditional use permit, and
can set appropriate conditions on any proposed use.
2. The extent to which the text amendment would better implement and better achieve the
applicable elements of the adopted goals, objectives, and policies outlined in the Vail
comprehensive plan and is compatible with the development objectives of the town
6
Applicant Analysis: The various master plans that make up the Vail Comprehensive Plan
have been reviewed and the following goals and policies are applicable from these
documents:
Vail Land Use Plan: The Vail Land Use Plan does not specifically make recommendations for
"religious institutions" though unlike the Zoning Regulations, it does recognize that
"churches" should be permitted in other areas of Town. "Churches " are a recommended
use in the following land use categories:
• Low Density Residential
• Medium Density Residential
• High Density Residential
In addition, the Vail Land Use Plan provides the following goals that are applicable to this
application:
1.
General Growth 1 Development
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.
2.
Skier /Tourist Concerns
2.1.
The community should emphasize its role as a destination resort while accommodating
day visitors.
2.5. The community should improve non -skier recreational options to improve year-round
tourism.
3.4.
Commercial growth should be concentrated in existing commercial areas to
accommodate both local and visitor needs.
6.
Community Services
6.1.
Services should keep pace with increased growth.
Vail Village Master Plan:
Objective 2.2: Recognize the importance of Vail Village as a mixed use center of activities for our
guests, visitors and residents.
Lionshead Redevelopment Master Plan:
2.3.1 Renewal and Redevelopment
Lioiushead can and should be renewed and redeveloped to become a wanner. more
vibrant enviroinuent for guests and residents. Lionshead needs an appealing* and
coherent identity, a sense of place_ a personality, a purpose, and an improved aesthetic
character.
7
As each of these plans state, Vail should offer additional activities for guests and residents.
This amendment furthers the stated goals of the Vail Comprehensive Plan.
3. The extent to which the text amendment demonstrates how conditions have substantially
changed since the adoption of the subject regulation and how the existing regulation is no
longer appropriate or is inapplicable
Applicant Analysis: RLUIPA, adopted in 2000, vastly changed the way communities can
regulate religious uses. However, the Town of Vail has not responded by updating the
zoning regulations to comply with the act. By allowing "religious institution" as a
conditional use in all commercial zone districts, the Town will more closely comply with the
act. Limiting the use to only five zone districts, especially when both GU and AG zoned lands
are largely owned by the Town as parks and open space, severely limits the ability of
religious institutions to locate in the Town of Vail. As a result, the existing regulations are no
longer appropriate considering the adoption of RLUIPA in 2000.
4. The extent to which the text amendment provides a harmonious, convenient, workable
relationship among land use regulations consistent with municipal development objectives
Applicant Analysis: Allowing religious institutions as a conditional use in all commercial zone
districts creates more opportunities for religious organizations to locate in areas of the Town
where there are already significant levels of activity and areas of mass gatherings, such as
conference and meeting spaces. In addition, religious institutions can create a synergy with
other commercial uses, as after services many people then eat or shop at local
establishments. This creates a harmonious, convenient, and workable relationship among
land uses that is consistent with the Town's development objectives.
S. Such other factors and criteria the planning and environmental commission and/or council
deem applicable to the proposed text amendment
Applicant Analysis: Any other factors and criteria that the Planning and Environmental
Commission deems applicable shall be addressed by the Applicant.
B. Necessary Findings: The Planning and Environmental Commission shall make the following findings
before granting a conditional use permit:
1. That the amendment is consistent with the applicable elements of the adopted goals,
objectives and policies outlined in the Vail comprehensive plan and is compatible with the
development objectives of the town; and
2. That the amendment furthers the general and specific purposes of the zoning regulations; and
3. That the amendment promotes the health, safety, morals, and general welfare of the town
and promotes the coordinated and harmonious development of the town in a manner that
conserves and enhances its natural environment and its established character as a resort and
residential community of the highest quality.
8
CONCLUSION
The proposed amendment allows greater opportunity for religious institutions to establish themselves
or grow within the community. At the same time, the amendment allows the Town to appropriately
address RLUIPA and bring the Town into better compliance with this now fifteen year old federal law.
The Conditional Use Permit process and the Design Review process provide the same safeguards as
applied to secular uses dealing with issues of traffic, parking, and design.
9
U.S. Department of Justice
Civil Rights Division
A Guide To Federal Religious Land Use Protections
The Religious Land Use and Institutionalized Persons Act (RLUIPA)
protects religious institutions from unduly burdensome or discriminatory land use regulations.
The law was passed unanimously by Congress in 2000, after hearings in which Congress found
that houses of worship, particularly those of minority religions and start-up churches, were
disproportionately affected, and in fact often were actively discriminated against, by local land
use decisions. Congress also found that, as a whole, religious institutions were treated worse
than comparable secular institutions. Congress further found that zoning authorities frequently
were placing excessive burdens on the ability of congregations to exercise their faiths in
violation of the Constitution.
In response, Congress enacted RLUIPA. This new law provides a number of important
protections for the religious freedom of persons, houses of worship, and religious schools. The
full text of RLUIPA is available at htti2://www.usdoj.gov/crt/housin2/housing_rluipa.htm.
Below is a summary of the law's key provisions, with illustrations of the types of cases that may
violate the law.
0 RLUIPA prevents infringement of religious exercise.
Land use regulations frequently can impede the ability of churches or other religious institutions
to carry out their mission of serving the religious needs of their members. Section 2(a) of
RLUIPA thus bars zoning restrictions that impose a "substantial burden" on the religious
exercise of a person or institution, unless the government can show that it has a "compelling
interest" for imposing the restriction and that the restriction is the least restrictive way for the
government to further that interest.
Minor costs or inconveniences imposed on religious institutions are insufficient to trigger
RLUIPA's protections. The burden must be "substantial." And, likewise, once the institution
has shown a substantial burden on its religious exercise, the government must show not merely
that it has a rational reason for imposing the restriction, but must show that the reason is
"compelling."
A church applies for a variance to build a modest addition to its building for
Sunday school classes. Despite the church demonstrating that the addition is
critical to carrying out its religious mission, that there is adequate space on the
lot, and that there would be a negligible impact on traffic and congestion in the
area, the city denies the variance.
A Jewish congregation that has been meeting in various rented spaces that have
proven inadequate for the religious needs of its growing membership purchases
land and seeks to build a synagogue. The town council denies the permit, and the
only reason given is "we have enough houses of worship in this town already,
and want more businesses. "
Because the religious organizations in these cases have demonstrated a substantial burden on
their religious exercise, and the justification offered by the city in both cases is not compelling,
these cases likely would be violations of RLUIPA, assuming certain jurisdictional requirements
of the statute are met.
0 Religious institutions must be treated as well as comparable secular institutions.
Section 2(b)(1) of RLUIPA provides that religious assemblies and institutions must be treated at
least as well as nonreligious assemblies and institutions. This is known as the "equal terms"
provision of RLUIPA.
A mosque leases space in a storefront, but zoning officials deny an occupancy
permit since houses of worship are forbidden in that zone. However, fraternal
organizations, meeting halls, and place of assembly are all permitted as of right
in the same zone.
Because the statute on its tate favors nonreligious places of assembly over religious assemblies,
this example would be a violation of 2(b)(1).
0 RLUIPA bars discrimination among religions.
Section 2(b)(2) of RLUIPA bars discrimination "against any assembly or institution on the basis
of religion or religious denomination."
A Hindu congregation is denied a building permit despite meeting all of the requirements
for height, setback, and parking required by the zoning code. The zoning administrator
is overheard making a disparaging remark about Hindus.
If it were proven that the permit was denied because the applicants were Hindu, this would
constitute a violation of 2(b)(2).
0 Zoning ordinances may not totally exclude religious assemblies.
Section 2(b)(3)(A) of RLUIPA provides: "No government shall impose or implement a land use
regulation that totally excludes religious assemblies from a jurisdiction."
A town, seeking to preserve tax revenues, enacts a law that no new churches or
other houses of worship will be permitted
Such total exclusions of religious assemblies are explicitly forbidden by section 2(b)(3)(A).
0 RLUIPA forbids laws that unreasonably limit houses of worship.
Section 2(b)(3)(B) of RLUIPA provides: "No government shall impose or implement a land use
regulation that unreasonably limits religious assemblies, institutions, or structures within a
jurisdiction."
A city has no zones that permit houses of worship. The only way a church may he
built is by having an individual parcel rezoned, a process which in that city takes
several years and is extremely expensive.
This zoning scheme, if proven to be an unreasonable limitation on houses of worship, would
constitute a violation of section 2(b)(3)(B).
Enforcement of RLUIPA Rights
Religious institutions and individuals whose rights under RLUIPA are violated may bring a
private civil action for injunctive relief and damages. The Department of Justice also can
investigate alleged RLUIPA violations and bring a lawsuit to enforce the statute. The
Department can obtain injunctive, but not monetary, relief.
If you believe that your rights under RLUIPA may have been violated and you wish to file a
complaint or find out more information about the law, you may write to:
Housing and Civil Enforcement Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Ave., N.W.
Washington, D.C. 20530
or call the Housing and Civil Enforcement Section at (800) 896-7743. Further information about
RLUIPA is available at the Section website at htta://www.usdoj.gov/crt/housing/index.htmi.
Information about the Civil Rights Division's religious liberties initiative, the First Freedom
Project, is available at www.FirstFreedom.gov. You also may call the Special Counsel for
Religious Discrimination at (202) 353-8622.
TO6' d OF V It `
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: October 12, 2015
ITEM/TOPIC: A request for a recommendation to the Vail Town Council for the adoption of the
Strategic Plan for Water Quality Improvements on Gore Creek. (PEC150027)
ATTACHMENTS:
Name
C] PEC150027 Gore Creek Strategic Plan 110915.pdf
Description:
Staff Request to Table
ruwN oFvaiL
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: November 9, 2015
SUBJECT: A request for a recommendation to the Vail Town Council for the adoption of the
Strategic Plan for Water Quality Improvements on Gore Creek. (PEC150027)
Applicant: Town of Vail
Planner: Kristen Bertuglia
Request to Table this item to November 23, 2015
TO6' d OF V It `
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: November 9, 2015
ITEM/TOPIC: A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail
Town Code, to allow for the future development of Employee Housing Units on the Chamonix
parcel located at 2310 Chamonix Road, Parcel B, Resubdivision of Tract D, Vail Das Schone Filing
1, and setting forth details in regard thereto. (PEC150019)
ATTACHMENTS:
Name:
d PEC150019 Chamonix Development Plan 110915.pdf
Description.
Staff Request to i au,.
ruwN oFvaiL
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: November 9, 2015
SUBJECT: A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail
Town Code, to allow for the future development of Employee Housing Units on the
Chamonix Parcel located at 2310 Chamonix Road, Parcel B, Resubdivision of Tract D,
Vail Das Schone Filing 1, and setting forth details in regard thereto (PEC150019)
Applicant: Town of Vail, represented by Will Hentschel, 359 Design
Planner: George Ruther
Request to Table this item to November 23, 2015
TO6' d OF V It `
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: November 9, 2015
ITEM/TOPIC:
October 26, 2015 PEC Meeting Results
ATTACHMENTS:
Name
Description:
D PEC Results 102615.pdf October 26, 2015 PEC Meeting Results
Ad Name: 11670716A
PLANNING AND ENVIRONMENTAL
COMMISSION November 9, 2015, 1:00 PM
Customer: TOWN OF VAIL/PLAN DEPT/COMM
Vail Town
75 S. Frontage Road -Vail, Colorado, 81657
ad - Val, Colorado,
Your account number is- 1OP2P33
1. Call to Order
2 A request for the review a conditional use
L
VailDaily
permit, pursuant to Section 122 -7B-3, Conditional
Uses, Vail Town Code, to allow for a liquor store,
located at 227 Bridge Street Unit F (Covered
PROOF OF PUBLICATION
Bridge Condominiums)/Lots B -D, Block 5B, Vail
Village Filing 1, and setting forth details in regard
thereto. (PEC150032) (15 min)
Applicant: 10th Mountain Whiskey
STATE OF COLORADO }
Planner: Jonathan Spence
3. A request for a recommendation to the Vail
}SS.
Town Council to allow for a zoning code amend-
ment pursuant to section 12-3-7, Amendment, Vail
COUNTY OF EAGLE }
Town Code, to allow for Religious Institutions as a
Conditional Use in all zone districts except the
Heavy Service (HS) District, and setting forth de-
tails in regard thereto. (PEC150030) (60 min)
I, Don Rogers, do solemnly swear that I am a qualified
Applicant: Town of Vail
Planner: Chris Neubecker
representative ofthe Vail Daily. That the same Daily newspaper
4. A request for a recommendation to the Vail
Town Council for the adoption of the Strategic
printed, in whole or in part and published in the County
or Water Qualityy Improvements on Gore
of Ea le State of Colorado and has a eneral circulation
g , , g
Creek. ( )(it )
Applicant: Town B Vail
Planner. Kristenertuglia
therein; that said newspaper has been published continuously
5. A request for final review of a Development Plan,
and uninterruptedly in said County of Eagle for a period of
pursuant to Section 12-61-11, Vail Town Code, to
allow for the future development of Employee
more than fifty-two consecutive weeks next prior to the first
Housing Units on the Chamonix parcel located at
2310 Chamonix Road, Parcel B, Resubdivision of
Tract D, Vail Das Schone Filing 1, and setting forth
Ppublication of the annexed legal notice or advertisement and
g
details in regard thereto. (PEC150019) (15 min)
said newspaper has published the requested legal notice
Applicant: Town of Vail Community Development
Departmentthat
Planner: George Ruther
and advertisement as requested.
6. Approval of Minutes
October 26, 2015 PEC Meeting Results
The Vail Daily is an accepted legal advertising medium,
7. Informational Update
8. Adjournment
only for jurisdictions operating under Colorado's Home
RulerOV1SlOn.
The applications and information about the propos-
als are available for public inspection during regu-
p
lar office hours at the Town of Vail Community De-
velopment Department, 75 South Frontage Road.
The public is invited to attend the project orienta-
That the annexed legal notice or advertisement was
tion and the site visits that precede the public
hearing in the Town of Vail Community Develop-
published in the regular and entire issue of every
ment Department. Times and order of items are
approximate, subject to change, and cannot be re-
lied upon to determine at what time the Planning
number of said daily newspaper for the period of 1
and Environmental Commission will consider an
consecutive insertions; and that the first ublication of said
p
item. Please call (970) 479-2138 for additional in-
formation. Sign language interpretation is available
48-hour
notice was in the issue of said news a er dated 11/6/2015 and
p p
upon request with
notification. Please call (970) 479-2356, Telecom -
munication Device for the Deaf (TDD), for informa-
that the last publication of said notice was dated 11/6/2015 in
tion.
the issue of said newspaper.
Community Development Department
Published in the Vail Daily November 6, 2015
(11670716)
In witness whereof, I have here unto set my hand this day,
11/24/2015.
General Man ager/Publisher/Editor
Vail Daily
Subscribed and sworn to before me, a notary public in and for
the County of Eagle, State of Colorado this day 11/24/2015.
� 2M.&& 9. -V-�
Pamela J. Schultz, Notary Public
My Commission expires: November 1, 2019
Ad Name: 11632971 A
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
Customer: TOWN OF VAIL/PLAN DEPT/COMM
NOTICE IS HEREBY GIVEN that the Planning and
Your account number is- 1 OP2P33
Environmental Commission of the Town of Vail will
Vail Daily
hold a public hearing in accordance with section
12-3-6, Vail Town Code, oNovember 9, at
1:00 pm in the Town of Vailf Municipal Building.
A request for a recommendation to the Vail Town
Council for the adoption of the Strategic Plan for
PROOF OF PUBLICATION
Water PEC150027)ty Improvements on Gore creek.
Applicant: Town of Vail
Planner: Kristen Bertuglia
STATE OF COLORADO }
A request for a recommendation to the Vail Town
Council to allow for a zoning code amendment pur-
ls
suant to section 12-3-7, Amendment, Vail Town
I
Code, to allow for Religious Institutions as a Condi-
ti onal Use in all zone districts except the Heavy
Service (HS) District, and setting forth details in re-
gard thereto. (PEC 150030)
Applicant: Town of Vail
I, Don Rogers, do solemnly swear that I am a qualified
Planner: Chris Neubecker
representative ofthe Vail Daily. That the same Daily newspaper
A request for the review of a conditional use permit,
pursuant to Section 12-713-3, Conditional Uses, Vail
Town Code, to allow for a liquor store, located at
printed, in whole or in part and published in the County
277 Bridge Street Unit F (Covered Bridge Condo-
of Ea le, State of Colorado, and has a general circulation
g
miniums)/Lots B -D, Block 5B, Vail Village Filing 1,
and setting forth details in regard thereto.
therein; that said newspaper has been published continuously
(PEC150032)
Applicant: 10th Mountain Whiskey
Planner: Jonathan Spence
and uninterruptedly in said County of Eagle for a period of
The applications and information about the propos-
more than fifty-two consecutive weeks next prior to the first
als are available for public inspection during office
hours at the Town of Vail Community Develop-
ment Department, 75 South Frontage Road. The
publication of the annexed legal notice or advertisement and
g
public is invited to attend site visits. Please call
970-479-2138 for additional information.
that said newspaper has published the requested legal notice
and advertisement as requested.
Sign language interpretation is available upon re-
quest, with 24-hour notification. Please call
970-479-2356, Telephone for the Hearing Im-
paired, for information.
The Vail Daily is an accepted legal advertising medium,
Published October 23, 2015 in the Vail Daily.
only for jurisdictions operating under Colorado's Home
Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every
number of said daily newspaper for the period of 1
consecutive insertions; and that the first publication of said
notice was in the issue of said newspaper dated 10/23/2015 and
that the last publication of said notice was dated 10/23/2015
in the issue of said newspaper.
In witness whereof, I have here unto set my hand this day,
12/02/2015.
General Man ager/Publisher/Editor
Vail Daily
Subscribed and sworn to before me, a notary public in and for
the County of Eagle, State of Colorado this day 12/02/2015.
� 2M 4, & 9. -V-�
Pamela J. Schultz, Notary Public
My Commission expires: November 1, 2019