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HomeMy WebLinkAbout2016-1024 PECTOWN Of VA10 PLANNING AND ENVIRONMENTAL COMMISSION October 24, 2016, 1:00 PM Vail Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 1. Call to Order Members Present: Chairman Rediker, Brian Gillette, John Ryan Lockman, and Brian Stockmar Absent: Kirk Hansen, Ludwig Kurz, and Henry Pratt 2. A request for a recommendation to the Vail Town Council of an application to establish Special Development District No. 41 (Marriott Residence Inn), pursuant to Section 12-9, (A) Special Development Districts, Vail Town Code, to allow for the development of a limited service lodge and deed restricted employee housing units and a conditional use permit for public or commercial parking facilities or structures, located at 1783 North Frontage Road West / Lot 9, Buffehr Creek Resubdivision, and setting forth details in regard thereto. (PEC16-0030) Applicant: Vail Hotel Owner ESHV, LLC, represented by Mauriello Planning Group Planner: Matt Panfil Action: Table to November 14, 2016 Motion: Lockman Second: Gillette Vote: 4-0 3. 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 Planner: George Ruther Action: Table to November 28, 2016 Motion: Lockman Second: Gillette Vote: 4-0 4. Approval of Minutes October 10, 2016 PEC Meeting Results Action: Approve Motion: Lockman Second: Stockmar Vote: 4-0 5. Informational Update Comprehensive Planning and Zoning Connection — Chris Neubecker Referencing a PowerPoint presentation, Mr. Neubecker discussed the connection between comprehensive planning, land use plans, and zoning. Topics included: the purpose, history, and components of a comprehensive plan, the comprehensive planning process, the purpose of a land use plan as one component of the comprehensive plan, a summary of zoning as a regulatory tool for land use planning, the use of small area plans as a more detail -oriented complement to comprehensive plans, and current trends in comprehensive plans. Commissioner Comments and Questions: Gillette — The Vail 20/20 Plan is the Town's Comprehensive Plan? Neubecker — It is a combination of plans and documents, including the 20/20 Strategic Action Plan and the Land Use Plan, plus the Transportation Master Plan, Art in Public Places Plan, and several other plans. Rediker — Why is the Lionshead Redevelopment Master Plan completely separate from other plans? Neubecker — There were different issues and characteristics of Lionshead that warranted its own separate plan. Gillette — Is Ever Vail part of the Lionshead Master Plan? Spence — Yes, the Lionshead Master Plan was amended to include Ever Vail. Neubecker — The Lionshead Master Plan also had many incentives built into the document to promote redevelopment. Gillette — Is there a timeline for a West Vail Master Plan? Neubecker — There is potential to begin planning in 2017. Spence — What does a West Vail Master Plan mean to the PEC? Rediker — Outside of the Village core, are there any other plans that impact residential properties? Spence — West Vail is an area with the greatest disconnect between recommended land use and current zoning. Lockman — Can it be addressed by just changing the Land Use Plan? Spence — The Land Use Plan is more consistent with the physical reality, it is the zoning that is not. Lockman asked about the community engagement process and stated that it seems residents are looking for a forum in which to discuss a West Vail Master Plan. Neubecker — Public participation will be crucial to any West Vail Master Plan. Spence — There was a time when a lot of properties in West Vail were downzoned. Gillette — The existing densities and uses seem to work well in West Vail. The PEC discussed what the scope of a West Vail Master Plan should be and how it could be used to incentivize the redevelopment of properties within West Vail. 6. Adjournment Action: Adjourn Motion: Stockmar Second: Lockman Vote: 4-0 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 PLANNING AND ENVIRONMENTAL COMMISSION TOWN Of VAIO October 24, 2016, 1:00 PM Vail Town Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 Call to Order 2. A request for recommendation to the Vail Town Council of an application to establish 5 min. Special Development District No. 41 (Marriott Residence Inn), pursuant to Section 12- 9(A), Special Development Districts, Vail Town Code, to allow for the development of a limited service lodge and deed restricted employee housing units and a conditional use permit for public or commercial parking facilities or structures, located at 1783 North Frontage Road West/Lot 9, Buffehr Creek Resubdivision, and setting forth details in regard thereto. (PEC16-0030). Table to November 14, 2016 Applicant.Vail Hotel Owner ESHV, LLC, represented by Mauriello Planning Group Planner: Matt Panfil 3. A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail 5 min. 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) Table to November 28, 2016 Applicant Town of Vail Planner: George Ruther 4. Approval of Minutes October 10, 2016 PEC Meeting Results 5. Informational Update Comprehensive Planning and Zoning Connection - This is a general refresher on the 60 min. comprehensive planning process, and the connection to zoning. Staff will provide an introduction to the history of comprehensive planning, describe the the planning process, and explain how the comprehensive plan relates to land use plans and the zoning process. 6. 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 appro)amate, 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 October 21, 2016 TOWN OF VA10 VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: October 10, 2016 PEC Meeting Results ATTACHMENTS: File Name pec results 101016.pdf Description October 10, 2016 PEC Meeting Results PLANNING AND ENVIRONMENTAL COMMISSION TDWN Of VAIL # October 10, 2016, 1:00 PM Vail Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 1. Call to Order Members Present: Chairman Rediker, Brian Gillette, Kirk Hansen, John Ryan Lockman, Henry Pratt, and Brian Stockmar Absent: Ludwig Kurz Adjourned at 1:01 p.m. for a site visit to 1783 North Frontage Road West. Meeting resumed at 1:30 p.m. 2. A request for recommendation to the Vail Town Council of an application to establish Special Development District No. 41 (Marriott Residence Inn), pursuant to Section 12- 9(A), Special Development Districts, Vail Town Code, to allow for the development of a limited service lodge and deed restricted employee housing units and a conditional use permit for public or commercial parking facilities or structures, located at 1783 North Frontage Road West/Lot 9, Buffehr Creek Resubdivision, and setting forth details in regard thereto. (PEC16-0030). Applicant: Vail Hotel Owner ESHV, LLC, represented by Mauriello Planning Group Planner: Matt Panfil Action: Continue to October 24, 2016 Motion: Lockman Second: Stockmar Vote: 5-0 Matt Panfil, Staff Planner, introduced the project and summarized the updates since the last meeting. He discussed the changes to the project since the last meeting, and areas where staff concerns remain. Matt also provided a summary of the proposed deviations from the underlying PA -2 zoning district in accordance with the SDD request. Lockman — Asked staff to confirm site coverage. Hansen — Asked staff to clarify whether an acceleration/deceleration lane would be installed on the frontage road. Dominic Mauriello of Mauriello Planning Group, representing the applicant, provided a PowerPoint presentation of the project. Ben Gerdes, Traffic Engineer, representing the applicant — Spoke to traffic and access analysis of the proposed project. Todd Goulding, Goulding Development Advisors, representing the applicant — Spoke to the anticipated construction management plan for the project. Hansen — Asked for an estimated construction timeline. Goulding —Approximately 18 months. Rick Fawell, Project Architect, representing the applicant — Provided a presentation of the views to and from the project utilizing superimposed imaging and height diagrams. Mauriello - resumed the presentation with an overview of the public benefits of the project. There will be a public open house on October 17 at 5:00 PM to be held at the Sonnenalp Hotel. Gillette — Asked for the location of the pool. Mauriello — The pool is inside. Hansen — Asked for information about the ownership group. Mauriello — Provided a recap of the ownership group. Rediker — Asked for clarification as to how the tandem parking would work. Mauriello — There will be a valet available most of the time. Rediker — Asked for clarification of the parking counts dedicated to each use. Mauriello — Reviewed the parking counts and stated that the resident parking will be tightly controlled via apartment lease. Rediker — Asked if there is any employee parking on site. Mauriello — Yes, employee parking spaces are built in to the parking counts. Gillette — Asked whether Lions Ridge is occupied and how parking is working on that site? George Ruther — Staff can provide that information at the next meeting. Hansen — Asked how the two uses would be managed. Mauriello — Discussed the management. Gillette — Asked for clarification on the parking count discrepancy between information in the staff report versus that displayed by the applicant. Panfil — Stated that the information displayed today by the applicant was not presented to staff and will have to be verified. Hansen — Asked whether the project would remain viable if the project was reduced by one or more stories. Mauriello — Provided rationale for the project proposed as is. Rediker — Asked about the site coverage and whether the courtyard was included in the calculation. Mauriello — Feels the calculation provided is close but can go back and make sure. Hansen — Asked about the proposed green roof. Mauriello — Stated that the green roof was incorporated to provide a better aesthetic from above but can be changed if needed. Rediker — Asked about architect renderings provided and heights shown and what the actual building height will be east to west. Panfil — Displayed the roof plan with roof heights shown for discussion. Stockmar — Asked if the heights were shown from finished or existing grade. Gillette — Asked which is a greater difference, existing or finished grades. Rediker — Asked about grades on the northwest side of the project. Ruther — Asked Mauriello to provide an exhibit at the next meeting to better demonstrate the relative building heights so the PEC has a better understanding of the height impact. Lockman — Asked about the front loading/drop off area and how that will function. Mauriello — Displayed the site plan and discussed the frontage area and the associated dimensions. Rediker — Asked about emergency vehicle access if vehicles are temporarily parked out front. Mauriello — Discussed that there is adequate room for emergency vehicle access even if there are cars parked out front. Lockman — Asked whether there is a porte cochere. Mauriello — There is not a porte cochere currently proposed, but it is a possibility they are considering. A porte cochere would have to ensure a fire truck could fit under it. Pratt — Asked about pedestrian connectivity from the building to the sidewalk and then on to the bus stop. Rediker — Asked if the front drive aisle would be heated. Mauriello — Confirmed that the drive aisle will be heated and added comments about snow storage and landscaping. Rediker— Opened the meeting to public comment. Public Comment Molly Murphy, Vail Local Housing Authority (VLHA) — Spoke in favor of the project, and its impact to address affordable housing goals. Hospital has difficulty filling positions, and this project will help address need not met at Middle Creek and Lions Ridge for professionals. Rediker — Asked if the VLHA has any concerns with the project at this time. Murphy — Every unit of the rental housing will be deed restricted to keep prices in check. Stockmar — Spoke to the unaffordable nature of Vail in regards to affordable housing and cost of living. Deena DiCorpo, 1880 Meadow Ridge Road — Spoke in opposition to the project as currently proposed. Make sure that the employee units can't be changed to non- employee in the future. She is concerned that there is not enough snow storage on Meadow Ridge Road because the increased shadowing will make Meadow Ridge Road very icy. Traffic will be worse than you think. She believes the project involves spot zoning and is inappropriate. Vail should have built taller at Timber Ridge, which would not have affected views. Chris Wombolt, 1860 Meadow Ridge Road — Spoke in opposition to the project as currently proposed. Concern with impacts from garage vents on neighbors. Main concern is density of units. If rents are not limited, 10 people will try to live in one unit. Susie Tjossem, 1630 Buffehr Creek Road — Spoke in opposition to the project as currently proposed. This project and its size will set a precedent. Need W. Vail Master Plan. Project too tall, other sites can accommodate height better. Traffic already bad at 3:00 PM. Last proposal on this site was the right size. Steve Lindstrom, VLHA — Spoke in favor of the project. Discussed that the deed restriction placed on the rental units will be owned and managed by the town. Only 10% of market rate units that are sold stay as local housing. Gillette — Asked about Pitkin Creek Rediker — Asked for clarification as to what is being proposed with regard to the deed restriction and how the units will be offered to people. Lindstrom — Spoke of the deed restrictions at Pitkin Creek, which expired after 7 years. Explained that emphasis will be placed on residents first, but in the event the economy does not do well and there is not enough demand then it can be opened up to others not working full time in vail. Gillette — Asked if there is no escape clause and then a unit would sit empty if there is not enough local demand. Chris Neubecker — Confirmed how the market rate would work. Units could only be occupied by local workers, which limits the market, and should keep prices from going to high. Mauriello — Clarified how the deed restriction will work. If there are no locals demanding housing, then the unit can be occupied and it will not sit empty. However, the rental units will be offered first to locals working at least 30 hours a week in Eagle County. Peter Knobel — The PEC should look at regulations so it does not turn into retirement housing. Lindstrom — Clarified how the deed restriction program works. Rediker —Closed public comment. Neubecker — Clarified that staff is looking for specific feedback so the applicant knows how to proceed and that a final vote is likely anticipated at the next meeting for a recommendation to Town Council. Asked Commission to balance flexibility and creativity with community needs and impacts, by using SDD criteria. Lockman — Still has concerns with the overall building height and possibly there are discrepancies in the plans so would like to see more clarity. He feels the bulk and mass of the building is not compatible with the surrounding area. Hansen — Is likely supportive of the project as currently proposed, though compatibility is somewhat questionable. He feels West Vail is an appropriate area for a project like this. Pratt — Feels the parking is adequate, but the tandem parking will be an issue and valet service should be mandatory. He feels the additional height is warranted at the east end. Views are not protected in Colorado and that does not factor into his judgement. Does believe the project is too high at the west end and the bulk and mass of the building is too much. There is not enough relief along the frontage and should incorporate a gap to better modulate heights. Supports a forty-eight foot (48') maximum height at the west end of building. Gillette — Agrees with Commissioner Pratt. Feels this should be a Special Development District (SDD), but there should also be a West Vail plan. Also agrees that the west end of the building should be forty-eight feet (48') maximum in height. Concerned that the garage vent near existing residences is too close and inappropriate. The building is too high and in too close proximity to the Mustang Condos. Agrees that there is not enough relief along the building frontage. Requested comparisons to other projects to better demonstrate the proposed height. Believes that there should not be any tandem parking for the first year and then reevaluate if needed. Requested additional information from staff regarding the Lions Ridge parking situation. Is against a price cap on the EHUs. Stockmar — Mostly supportive of the project. Bulk and mass is a little too much but does not want that to dictate the design. Feels there are numerous positive aspects of the project. Rediker — Believes that if some parking is leased out, the parking will be inadequate for the hotel and EHUs. Parking should be used for the hotel and EHUs exclusively. Requested staff provide at the next meeting the language of the Type III deed restriction being proposed. Concerned the shadow analysis was not adequate and not realistic. Concerned with venting and suggested that it should be located more to the northeast of the building so it does not impact the adjacent neighbors. Concerned that the project is spot zoning. More detail is needed for the landscaping plan and for the large retaining wall. The bulk and mass is overall too large. Does not meet SDD criteria #1 and #6 in regards to compatibility with surrounding area. He would like to see a lower building height closer to forty-eight feet (48') in height. Favors redevelopment of the property when it is right. Gillette — This is an appropriate site for up -zoning. Pratt — Agrees with Gillette about waiting a year before allowing tandem parking. 3. Approval of Minutes September 26, 2016 PEC Meeting Results Action: Approve Motion: Lockman Second: (Stockmar Abstained) 4. Informational Update — No updates. 5. Adjournment Action: Approve Motion: Stockmar Second: Hansen Vote: 4-0-1 Lockman Vote: 5-0 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 TOWN OF VA10 VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO MEETING DATE: October24, 2016 ITEM/TOPIC: Comprehensive Planning and Zoning Connection - This is a general refresher on the comprehensive planning process, and the connection to zoning. Staff will provide an introduction to the history of comprehensive planning, describe the the planning process, and explain how the comprehensive plan relates to land use plans and the zoning process. ATTACHMENTS: File Name Description Comprehensive Comprehensive_Planning_and_Zoning_Connection_Powerpoint_102416.pdf Planning and Zoning Connection - Powerpoint Comprehensive Comprehensive_Plan-A Roadmap_CML_article_102416.pdf Planning and Zoning Connection - CML Roadmap Comprehensive Comprehensive_Planning_and_Zoning_Connection_Master Plan_Primer 102416.pdf Planning and Zoning Connection Master Plan Primer 102416 Comprehensive Planning and Zoning Comprehensive_Planning_and_Zoning_Connection_Colorado_Revised_Statute_102416.pdf Connection Colorado Revised Statutes 102416 O E E O V E r. O W ri1 "r NK 0) ■ O N 06 N N O U N LO \ Tt N O r -I c I 0 O L � N O V Z Z N LO \ Tt N O r -I c I m O L C a) 5� O (� cn O to 0 N . E •u)- M '> N E O � O M U �E 0 c - U CU _>-, }+ C:/� N O N 0 O E •U '� L Q U C:) O Q N N N Q 0 U) to • — 0 CD (). 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U O U I Q a) LM _0c CL H> a� E CD CL O O p N 07 � LM L U O = W Q � � U 'U X V u) z m F- � cn 0 ' :0 4 �• 1 7 f r r - By Anne Miller, Colorado Department of Local Affairs Community Development Office senior planner COMPREHENSIVE PLAN: A ROAD MAP TO COMMUNITY DEVELOPMENT DO YOU FEEL AS THOUGH your elected board and planning commission often find themselves reacting to unexpected development proposals that sometimes hit the mark and other times absolutely do not? Or is your community struggling, and you want to spark some infill development and create more jobs and housing options in your community? An updated comprehensive plan, supported by complementary land use regulations and other implementation tools, will provide the framework you need to guide the development you want that is consistent with your community vision, values, and goals. What Is a Comprehensive Plan? A municipality's comprehensive plan, or master plan, is a critical road map to guide decisions about the community's future development. It helps answer many questions, including: • What are our community assets/ opportunities? • What are our community needs/ challenges? • What is our community vision for the future? • What goals, policies, objectives, and actions will help us achieve that vision, and address our challenges and opportunities? A comprehensive plan allows a community to be proactive rather than reactive. It enables it to plan for the Elements of a Comprehensive community it wants, and get ahead of Plan critical issues and trends. It is a primary planning framework that other local plans, regulations, and initiatives support and implement. What Is Required? State statutes require each municipality to have a master plan (often referred to as comprehensive plan) prepared by its planning commission (C.R.S. § 31-23-206). This plan is meant to be an advisory document that guides land development decisions, but with sufficient detail, it may be made binding by inclusion in adopted land use regulations. The statutes provide a great deal of guidance on how to make a plan comprehensive, but the only required component is a recreation and tourism element. Municipalities in Colorado also are required to prepare and adopt a three- mile plan prior to annexing property; this plan must be updated annually (C.R.S. § 31-12-105(e)). The three- mile plan is a long-range plan that outlines where municipalities may consider annexing property, how they would provide services to the newly annexed areas, and how they would sustain adequate provision of services throughout the rest of the municipality. Many municipalities incorporate this requirement into their master plans and others develop stand-alone plans. While there is no "one -size -fits -all" plan, there are some common plan components, including land use, transportation, utilities, housing, natural and cultural resources, public services, and recreation and tourism. Comprehensive plans should be just that — comprehensive — in their approach. New trends and best practices in comprehensive planning include incorporating public health and the built environment; resilience and sustainability; downtown revitalization; aging and at -risk populations; natural and human -induced hazards; and water supply and water quality. Getting Buy -In A successful plan requires a thorough and inclusive planning process that engages community residents and stakeholders. Community members who have not been given opportunities to provide input and are not well- informed can present obstacles and even derail the best laid plans. Tap into public and private stakeholders and subject matter experts in the community to help inform the planning process and leverage resources to help tackle community issues. Regional stakeholders such as counties, special districts, councils of government, or watershed coalitions also may provide valuable information and input into the planning process. Stakeholder interviews and focus 12 COLORADO MUNICIPALITIES groups are effective ways to reach these important players. Steps to Creating and Implementing a Plan It can take a year (or more) and plenty of resources to develop a plan. A solid planning framework, first, requires an understanding of community issues, and of population and economic trends that will impact physical development and services. The steps to develop a comprehensive plan are summarized below. • Gather and analyze information (demographics, research, public and stakeholder input, mapping) • Identify issues, challenges, and opportunities. • Develop a community vision for the future. • Develop goals, objectives, and policies. • Prepare and evaluate plan options or scenarios. • Complete and adopt plan. • Create and follow an implementation plan. • Monitor and update. Much work goes into creating a comprehensive plan, but for a plan to be useful, it has to be implemented. Using the Plan A good comprehensive plan can be useful in a number of ways, including as a basis for regulatory actions, a guide to community programs and decision making, and as a communication tool. As a basis for regulatory actions, the plan serves as a foundation and OCTOBER 2015 13 guide for zoning regulations, subdivision regulations, land use maps, hazard regulations, annexation decisions, development review, and other community development decisions, including grants. The plan also provides guidance for the capital improvement program, as well as local initiatives such as water protection, recreation or open space land acquisition, and housing. Finally, comprehensive plans communicate to citizens, developers, and others what the community will support. Comprehensive plans are also important to the development of regional plans or programs, e.g., a regional trail network or area transit program. Standards Ft Best Practices While each community's plan will be tailored to its particular needs, there are general guidelines for developing quality comprehensive plans. The American Planning Association (APA) has developed standards for comprehensive plans ( www. planning. org/sustainingpla ces/ compplanstandards). The six principles identified for comprehensive plans include livable built environment, harmony with nature, resilient economy, interwoven equity, healthy community, and responsible regionalism. The APA standards also identify many best practices or elements of a successful comprehensive plan, such as being comprehensive, integration with other local plans and programs, innovation, being persuasive, being consistent, coordination, compliance with applicable laws, transparency, and making the plan user-friendly. The Colorado Department of Local Affairs (DOLA) is a strong supporter of local government comprehensive plans. DOLA has learned lessons over the years with communities that have updated their plans. • To ensure consistency and the ability to implement the comprehensive plan, update the land use regulations as soon as possible following the update of a comprehensive plan. • The planning commission must be actively engaged with planning staff and consultants to involve the whole community in developing the plan. • Elected officials need to provide guidance and support of the planning process, recognizing the resulting plan policies will guide development and planning decisions for many years to come. • Local governments will benefit from integrating hazards information, policies, and actions in the comprehensive plan. • Since the plan utilizes a community and stakeholder engagement process, use this opportunity to create or update intergovernmental agreements with neighboring jurisdictions and service providers to ensure coordinated future development. Resources The Division of Local Government in the Department of Local Affairs offers technical assistance and grants to support planning projects, including comprehensive plans and land use code updates. For more information, visit the Community Development Office page at www.dola.colorado.gov/cdo or contact Anne Miller at anne.miller@state.co.us. For additional Information, refer to The Planning Commissioners Guide by C,Gregory Dale, et al., as well as Sustaining Places: Best Practices for Comprehensive Plans by David R. Godschalk and David C. Rouse. 14 COLORADO MUNICIPALITIES --k-; q4 (;0WW v DEPARTMENT OF LOCAL AFFAIRS COMMUNITY DEVELOPMENT OFFICE Master Plan Primer MASTER PLAN - GENERAL DESCRIPTION: The master plan, sometimes referred to as a comprehensive plan, is a framework and guide for accomplishing community aspirations and intentions. It states goals and objectives and recommends courses of action for future growth and development of land, public facilities and services and environmental protection. PLAN ELEMENTS THAT MAY BE INCLUDED: • Statement of Objectives, Policies and Programs • Relationship of Plan to the Trends/Plans of the Region • Land Use • Transportation • Utility and Facility Plan • Urban Influence Area • Housing • Cultural/Historical/Social Setting • Educational Facilities • Energy • Environment • Recreation and Tourism* *the only plan element required by statutes (see C.R.S. 30-28-106 and 31-23-206) BASIS/ BACKGROUND FOR PLAN INFORMATION: The plan is based on inventories, studies, surveys, analysis of current trends and must consider social and economic consequences of the plan, existing and projected population. GOALS AND OBJECTIVES OF THE PLAN: The principal purpose for a master plan is to be a guide for the achievement of community goals. A plan will also: 1. State and promote broad community values in its goals, objectives, policies and programs. 2. Establish a planning process for orderly growth and development, and economic health. 3. Balance competing interests and demands. 4. Provide for coordination and coherence in the pattern of development. 5. Provide for a balance between the natural and built environment. 6. Reflect regional conditions and consider regional impacts. 7. Address both current and long-term needs. USING THE PLAN: The adopted plan has the potential for many uses and will define the way it is to be used in its implementation section. Among the uses of the plan are the following: 1. A basis for regulatory actions: The plan serves as a foundation and guide for the provisions of the zoning regulations, subdivision regulations, the official map, flood hazard regulations, annexation decisions and other decisions made under these regulations. 2. A basis for community programs and decision making: The plan is a guide and resource for the recommendations contained in a capital budget and program, for a community development program, and for direction and content of other local initiatives, such as for water protection, recreation or open space land acquisition and housing. 3. A source for planning studies: Few plans can address every issue in sufficient detail. Therefore, many plans will recommend further studies to develop courses of action on a specific need. 4. A standard for review at the County and State level: Other regulatory processes identify the municipal plan as a standard for review of applications. Master plans are important to the development of regional plans or inter -municipal programs, i.e., a regional trail network or valley -wide transit program. 5. A source of information: The plan is a valuable source of information for local boards, commissions, organizations, citizens and business. 6. A long-term guide: The plan is a long-term guide by which to measure and evaluate public and private proposals that affect the physical, social and economic environment of the community. RESPONSIBILITY FOR PREPARATION AND ADOPTION OF THE PLAN: The planning commission is responsible for preparing the plan, distributing the plan, holding public hearings on the plan, and adopting the plan. PUBLIC INVOLVEMENT: Citizen participation helps to guide the planning commission in making decisions and in promoting community understanding of planning needs and issues. At least one public hearing will be held by the planning commission and by the legislative body before the plan is adopted. To generate support, understanding, and active participation in planning, however, more community involvement is usually needed. Citizens who are not well informed can present obstacles to the implementation of the plan by rejecting bylaws and by not supporting or participating in local programs. Community Development Office 303-866-2156 hilp://www.dola.state.co.us/dlg/osg COLORADO REVISED STATUTES *** This document reflects changes current through all laws passed at the Second Regular Session of the Seventieth General Assembly of the State of Colorado (2016) *** TITLE 31. GOVERNMENT - MUNICIPAL POWERS AND FUNCTIONS OF CITIES AND TOWNS ARTICLE 23. PLANNING AND ZONING PART 2. PLANNING COMMISSION C.R.S. 31-23-206 (2016) 31-23-206. Master plan (1) It is the duty of the commission to make and adopt a master plan for the physical development of the municipality, including any areas outside its boundaries, subject to the approval of the governmental body having jurisdiction thereof, which in the commission's judgment bear relation to the planning of such municipality. The master plan of a municipality shall be an advisory document to guide land development decisions; however, the plan or any part thereof may be made binding by inclusion in the municipality's adopted subdivision, zoning, platting, planned unit development, or other similar land development regulations after satisfying notice, due process, and hearing requirements for legislative or quasi-judicial processes as appropriate. When a commission decides to adopt a master plan, the commission shall conduct public hearings, after notice of such public hearings has been published in a newspaper of general circulation in the municipality in a manner sufficient to notify the public of the time, place, and nature of the public hearing, prior to final adoption of a master plan in order to encourage public participation in and awareness of the development of such plan and shall accept and consider oral and written public comments throughout the process of developing the plan. Such plan, with the accompanying maps, plats, charts, and descriptive matter, shall, after consideration of each of the following, where applicable or appropriate, show the commission's recommendations for the development of said municipality and outlying areas, including: (a) The general location, character, and extent of existing, proposed, or projected streets, roads, rights-of-way, bridges, waterways, waterfronts, parkways, highways, mass transit routes and corridors, and any transportation plan prepared by any metropolitan planning organization that covers all or a portion of the municipality and that the municipality has received notification of or, if the municipality is not located in an area covered by a metropolitan planning organization, any transportation plan prepared by the department of transportation that the municipality has received notification of and that covers all or a portion of the municipality; (b) The general location of public places or facilities, including public schools, culturally, historically, or archaeologically significant buildings, sites, and objects, playgrounds, squares, parks, airports, aviation fields, military installations, and other public ways, grounds, open spaces, trails, and designated federal, state, and local wildlife areas. For purposes of this section, "military installation" shall have the same meaning as specified in section 29-20-105.6 (2) (b), C.R.S. (c) The general location and extent of public utilities terminals, capital facilities, and transfer facilities, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communication, power, and other purposes, and any proposed or projected needs for capital facilities and utilities, including the priorities, anticipated costs, and funding proposals for such facilities and utilities; (d) The general location and extent of an adequate and suitable supply of water. If the master plan includes a water supply element, the planning commission shall consult with the entities that supply water for use within the municipality to ensure coordination on water supply and facility planning, and the water supply element shall identify water supplies and facilities sufficient to meet the needs of the public and private infrastructure reasonably anticipated or identified in the planning process. Nothing in this paragraph (d) shall be construed to supersede, abrogate, or otherwise impair the allocation of water pursuant to the state constitution or laws, the right to beneficially use water pursuant to decrees, contracts, or other water use agreements, or the operation, maintenance, repair, replacement, or use of any water facility. (e) The acceptance, removal, relocation, widening, narrowing, vacating, abandonment, modification, change of use, or extension of any of the public ways, rights-of-way, including the coordination of such rights-of-way with the rights-of-way of other municipalities, counties, or regions, grounds, open spaces, buildings, property, utility, or terminals, referred to in paragraphs (a) to (d) of this subsection (1); (f) A zoning plan for the control of the height, area, bulk, location, and use of buildings and premises. Such a zoning plan may protect and assure access to appropriate conditions for solar, wind, or other alternative energy sources; however, regulations and restrictions of the height, number of stories, size of buildings and other structures, and the height and location of trees and other vegetation shall not apply to existing buildings, structures, trees, or vegetation except for new growth on such vegetation. (g) The general character, location, and extent of community centers, housing developments, whether public or private, the existing, proposed, or projected location of residential neighborhoods and sufficient land for future housing development for the existing and projected economic and other needs of all current and anticipated residents of the municipality, and redevelopment areas. If a municipality has entered into a regional planning agreement, such agreement may be incorporated by reference into the master plan. (h) A master plan for the extraction of commercial mineral deposits pursuant to section 34-1-304, C.R.S.; (i) A plan for the location and placement of public utilities that facilitates the provision of such utilities to all existing, proposed, or projected developments in the municipality; (j) Projections of population growth and housing needs to accommodate the projected population for specified increments of time. The municipality may base these projections upon data from the department of local affairs and upon the municipality's local objectives. (k) The areas containing steep slopes, geological hazards, endangered or threatened species, wetlands, floodplains, floodways, and flood risk zones, highly erodible land or unstable soils, and wildfire hazards. For purposes of determining the location of such areas, the planning commission should consider the following sources for guidance: (1) The Colorado geological survey for defining and mapping geological hazards; (11) The United States fish and wildlife service of the United States department of the interior and the parks and wildlife commission created in section 33-9-101, C.R.S., for locating areas inhabited by endangered or threatened species; (III) The Unites States Army corps of engineers and the United States fish and wildlife service national wetlands inventory for defining and mapping wetlands; (IV) The federal emergency management agency for defining and mapping floodplains, floodways, and flood risk zones; (V) The natural resources conservation service of the United States department of agriculture for defining and mapping unstable soils and highly erodible land; and (VI) The Colorado state forest service for locating wildfire hazard areas. (2) As the work of making the whole master plan progresses, the commission may from time to time adopt and publish a part thereof. Any such part shall cover one or more major sections or divisions of the municipality or one or more of the foregoing or other functional matters to be included in the plan. The commission may amend, extend, or add to the plan from time to time. (3) (Deleted by amendment, L. 2007, p. 613, § 2, effective August 3, 2007.) (4) (a) Each municipality that has a population of two thousand persons or more and that is wholly or partially located in a county that is subject to the requirements of section 30-28-106 (4), C.R.S., shall adopt a master plan within two years after January 8, 2002. (b) The department of local affairs shall annually determine, based on the population statistics maintained by said department, whether a municipality is subject to the requirements of this subsection (4), and shall notify any municipality that is newly identified as being subject to said requirements. Any such municipality shall have two years following receipt of notification from the department to adopt a master plan. (c) Once a municipality is identified as being subject to the requirements of this subsection (4), the municipality shall at all times thereafter remain subject to the requirements of this subsection (4), regardless of whether it continues to meet the criteria specified in paragraph (a) of this subsection (4). (5) A master plan adopted in accordance with the requirements of subsection (4) of this section shall contain a recreational and tourism uses element pursuant to which the municipality shall indicate how it intends to provide for the recreational and tourism needs of residents of the municipality and visitors to the municipality through delineated areas dedicated to, without limitation, hiking, mountain biking, rock climbing, skiing, cross country skiing, rafting, fishing, boating, hunting, and shooting, or any other form of sports or other recreational activity, as applicable, and commercial facilities supporting such uses. (6) The master plan of any municipality adopted or amended in accordance with the requirements of this section on and after August 8, 2005, shall satisfy the requirements of section 29-20-105.6, C.R.S., as applicable. (7) Notwithstanding any other provision of this section, no master plan originally adopted or amended in accordance with the requirements of this section shall conflict with a master plan for the extraction of commercial mineral deposits adopted by the municipality pursuant to section 34-1-304, C.R.S. HISTORY: Source: L. 75: Entire title R&RE, p. 1147, § 1, effective July 11. 79: (1)(d) amended, p. 1162, § 10, effective January 1, 1980. L. 97: (3) added, p. 414, § 2, effective April 241. 2000: (1) amended, p. 874, § 2, effective August 21. 2001, 2nd Ex. Sess.: (4) and (5) added, p. 22, § 2, effective January 8, 20021. 2002: (5) amended, p. 1036, § 84, effective June 1. L. 2005: (6) added, p. 223, § 3, effective August 81. 2007: IP(1) and (3) amended and (7) added, p. 613, § 2, effective August 31. 2010: (1)(b) and (6) amended, (HB 10-1205), ch. 242, p. 1078, § 3, effective August 111. 2012: IP(1) and (1)(k)(II) amended, (HB 12-1317), ch. 248, p. 1206, § 13, effective June 4. Editor's note: This section is similar to former § 31-23-106 as it existed prior to 1975. ANNOTATION Law reviews. For comment, "Regionalism or Parochialism: The Land Use Planner's Dilemma", see 48 U. Colo. L. Rev. 575 (1977). For note, "The Permissible Scope of Compulsory Requirements for Land Development in Colorado", see 54 U. Colo. L. Rev. 447 (1983). For article, "Growth Management: Recent Developments in Municipal Annexation and Master Plans", see 31 Colo. Law. 61 (March 2002). City in advisory role. There is nothing in this section and § 31-23-209 which indicates a legislative intent to broaden a city's authority. They place ultimate governmental authority in matters pertaining to land use in unincorporated areas in the county. In effect, a city is given only an advisory role. Robinson v. City of Boulder, 190 Colo. 357, 547 P.2d 228 (1976). Standing of owner of property outside territory of authority to challenge rezoning. An owner of property adjacent to property being rezoned but not within the territory of the zoning authority has standing to challenge the rezoning. Bd. of County Comm'rs v. City of Thornton, 629 P.2d 605 (Colo. 1981). Sections 31-23-206 through 31-23-208 do not apply to rezoning or to a zoning change to a particular area. Coates v. City of Cripple Creek, 865 P.2d 924 (Colo. App. 1993). Applied in Margolis v. District Court, 638 P.2d 297 (Colo. 1981). Ad Name: 12444655A Customer: TOWN OF VAIL/PLAN DEPT/COMM Your account number is- 1 OP2P33 MW nay PROOF OF PUBLICATION STATE OF COLORADO } }ss. COUNTY OF EAGLE } I, Mark Wurzer, do solemnly swear that I am a qualified representative ofthe Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, 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 10/21/2016 and that the last publication of said notice was dated 10/21/2016 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 11/13/2016. General Manager/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 11/13/2016. ( �L-& 9. -V-� Pamela J. Schultz, Notary Public My Commission expires: November 1, 2019 r PLANNING AND ENVIRONMENTAL COMMISSION October 24, 2016, 1:00 PM Vail Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 1.Call to Order 2.A request for recommendation to the Vail Town Council of an application to establish Special De- velopment District No. 41 (Marriott Residence Inn), pursuant to Section 12- 9(A), Special Development Districts, Vail Town Code, to allow for the devel- opment of a limited service lodge and deed re- stricted employee housing units and a conditional use permit for public or commercial parking facili- ties or structures, located at 1783 North Frontage Road West/Lot 9, Buffehr Creek Resubdivision, and setting forth details in regard thereto. (PEC16-0030). Table to November 14, 2016 Applicant: Vail Hotel Owner ESHV, LLC, repre- sented by Mauriello Planning Group Planner: Matt Panfil 3.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) Table to November 28, 2016 Applicant: Town of Vail Planner: George Ruther 4.Approval of Minutes October 10, 2016 PEC Meeting Results 5. Informational Update Comprehensive Planning and Zoning Connection - Chris Neubecker - 60 min. 6.Adjournment Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and available for public viewing as the meeting is hap- pening. The meeting videos are also posted to High Five Access Media website the week follow- ing meeting day, www.highfivemedia.org. Please call 970-479-2136 for additional informa- tion. Sign language interpretation is available upon request with 48 hour notification dial 711. Published in the Vail Daily October 21, 2016. (12444655) Ad Name: 12421724A Customer: TOWN OF VAIL/PLAN DEPT/COMM Your account number is- 1 OP2P 33 MW nay PROOF OF PUBLICATION STATE OF COLORADO } }ss. COUNTY OF EAGLE } I, Mark Wurzer, do solemnly swear that I am a qualified representative ofthe Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, 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 10/7/2016 and that the last publication of said notice was dated 10/7/2016 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 10/11/2016. General Manager/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 10/11/2016. ( �L-& 9. -V-� Pamela J. Schultz, Notary Public My Commission expires: November 1, 2019 Nx � r THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on October 24, 2016 at 1:00 pm in the Town of Vail Municipal Building. No new items have been submitted for this meet- ing. Tabled or continued items from previous meetings may be scheduled for this meeting date. The applications and information about the propos- als are available for public inspection during office hours at the Town of Vail Community Develop- ment Department, 75 South Frontage Road. The public is invited to attend site visits. Please call 970-479-2138 for additional information. 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. Published October 7, 2016 in the Vail Daily. (12421724)