HomeMy WebLinkAboutPEC080057y
P'Ianni~g and Enviranmenta ~ommisson
ACTIC)N Ft"~Rt~1
1 ~-`- ".~" ~, Department of Gon~rnunity Development
r~~ ~~ i 75 South Frontage Road, Vail, Co[oredo 81657
~( tel: 970.479.E 139 fax: 970.479.2452
tl.:~.v.+.s`il°r c~v[~4arsp~~s? web: rNww.vailgov,com
Project Name: Chamonix Property Rezoning PEC Number: PEC080057
Project Description:
Participants:
Project Address: 2399 N FRONTAGE RD W VAIL Location:
OWNER TOWN OF VAIL 10/01/2008
75 S FRONTAGE RD
VAIL
CO 81657
APPLICANT TOWN OF VAIL 10/01/2008
75 S FRONTAGE RD
VAIL
CO 81657
Legal Description: Lot: Block: Subdivision: VAIL DAS SCHONE FIL 1
Parcel Number: 2103-114-1501-8
Comments: See Conditions
BOARD/STAFF ACTION
Motion By: Kjesbo Action: APPROVED
Second By: Viele
Vote: 6-1-0 (Proper Opposed) Date of Approval: 10/27/2008
Conditions:
REZONE "CHAMONIX" PROPERTY FROM PRIMARY/SECONDARY DISTRICT TO HOUSING
DISTRICT
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Planner: Warren Campbell
PEC Fee Paid: $0.00
MEMORANDUM
TO: Town Council
FROM: Community Development Department
DATE: November 18, 2008
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SUBJECT: Second reading of Ordinance No. 27, Series of 2008, an ordinance amending the
official zoning map for the Town of Vail in accordance with Title 12, Zoning
Regulations, Chapter 5, Zoning Map; Rezoning Parcel B, a re-subdivision of Tract D,
Vail Das Schone 1St Filing, from Two-Family Primary/Secondary (P/S) district to
Housing (H) district, and setting forth details in regard thereto.
Applicant: Town of Vail, represented by Nina Timm
Planner: Warren Campbell
I. SUMMARY
The applicant, the Town of Vail, represented by Nina Timm, Housing Coordinator,
requests final review to rezone Parcel B, re-subdivision of Tract D, Vail Das Schone Filing
1 from Two-Family Primary/Secondary (P/S) District to Housing (H) District, located at
2310 Chamonix Road. The property is commonly known as the "Chamonix Property." A
copy of the proposed Ordinance is attached for reference (Attachment A).
II. BACKGROUND
On October 27, 2008, the Town of Vail Planning and Environmental Commission (PEC)
held a public hearing on the request to amend the Official Zoning Map of the Town of Vail.
Upon consideration of the request, the Commission voted 6-1-0 (Proper opposed) to
approve a motion recommending approval of the rezoning request to the Vail Town
Council.
On November 4, 2008, the Town Council voted unanimously to approve the first reading
of Ordinance No. 27, Series of 2008, rezoning the Chamonix Property from Two-Family
Primary/Secondary District to Housing District.
III. ACTION REQUESTED OF COUNCIL
The Town Council can vote to approve, approve with modifications, or deny Ordinance
No. 27, Series of 2008 on second reading.
IV. STAFF RECOMMENDATION
The Community Development Department recommends that the Vail Town Council
approves Ordinance No. 27, Series of 2008, on second reading. With the following
findings:
"That the amendment is consistent -rvith the adopted goals, objectives and
{
1
ORDINANCE NO. 27
Series of 2008
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE
WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING PARCEL B, A RE-
SUBDIVISION OF TRACT D, VAIL DAS SCHONE FIRST FILING, FROM TWO-FAMILY
PRIMARY/SECONDARY (P/S) DISTRICT TO HOUSING (H) DISTRICT, AND SETTING FORTH DETAILS IN
REGARDS THERETO.
WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the procedures for evaluating
changes to the Official Zoning Map of the Town of Vail ("Zoning Map"); and
WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in accordance with the
prescribed requirements outlined in Sections 12-3-1 through 12-3-7 of the Zoning Regulations of the Vail Town
Code; and
WHEREAS, on October 27, 2008, the Planning and Environmental Commission of the Town of Vail
reviewed and forwarded a recommendation (6-1-0) of approval of the proposed amendment to the "Zoning Map"
to the Vail Town Council in accordance with the criteria and findings outlined in Section 12-3-7 of the Zoning
Regulations of the Town of Vail; and
WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Map" is consistent with
the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan, the Vail Land Use Plan and
is compatible with the development objectives of the Town; and
WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" is compatible with and
suitable to adjacent uses and appropriate for the surrounding areas; and
WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" 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.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
ORDINANCE NO. 27, SERIES OF 2008
i
COLORADO, THAT:
Section 1. Zoning Map Amendment:
The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail. The Official
Zoning Map of the Town of Vail is hereby amended as follows:
Parcel B, a re-subdivision of Tract D, Vail Das Schone 1 sc Filing, shall be rezoned from Two-Family
Primary/Secondary (PS) district to Housing (H) district, as illustrated on ExhibitA attached hereto.
Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not effect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part,
section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts,
sections, subsections, sentences, clauses or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary
and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof.
Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not
affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date
hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by
virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are
repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any
bylaw, order, resolution or ordinance, or part thereof, theretofore repealed.
ORDINANCE NO. 27, SERIES OF 2008
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE
IN FULL ON FIRST READING this 4th day of November, 2008 and a public hearing for second reading of
this Ordinance set for the 18th day of November, 2008, in the Council Chambers of the Vail Municipal
Building, Vail, Colorado.
Richard D. Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED
PUBLISHED IN FULL this 18th day of November, 2008.
Richard D. Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
ORDINANCE NO. 27, SERIES OF 2008
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MEMORANDUM
TO: Town Council
FROM: Community Development Department
DATE: November 4, 2008
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SUBJECT: First reading of Ordinance No. 27, Series of 2008, an ordinance amending the official
zoning map for the Town of Vail in accordance with Title 12, Zoning Regulations,
Chapter 5, Zoning Map; Rezoning Parcel B, a re-subdivision of Tract D, Vail Das
Schone 1St Filing, from Two-Family Primary/Secondary (P/S) district to Housing (H)
district, and setting forth details in regard thereto.
Applicant: Town of Vail, represented by Nina Timm
Planner: Warren Campbell
I. SUMMARY
The applicant, the Town of Vail, represented by Nina Timm, Housing Coordinator, request
sfinal review of a rezoning of Parcel B, re-subdivision of Tract D, Vail Das Schone Filing 1
from Two-Family Primary/Secondary (P/S) District to Housing (H) District, located at 2310
Chamonix Road. The property is commonly known as the "Chamonix Property." A copy
of the proposed Ordinance is attached for reference (Attachment A).
II. BACKGROUND
On October 27, 2008, the Town of Vail Planning and Environmental Commission (PEC)
held a public hearing on the request to amend the Official Zoning Map of the Town of Vail.
Upon consideration of the request, the Commission voted 6-1-0 (Proper opposed) to
approve a motion recommending approval of the rezoning request to the Vail Town
Council. The Staff memorandum to the Planning and Environmental Commission is
attached for reference (Attachment B). The Review Criteria for the zone district boundary
amendment can be found on pages 7, 8 and 9.
III. ACTION REQUESTED OF COUNCIL
The Town Council can vote to approve, approve with modifications, or deny Ordinance No.
27, Series of 2008, on first reading.
IV. STAFF RECOMMENDATION
The Community Development Department recommends that the Vail Town Council
approves Ordinance No. 27, Series of 2008, on first reading. With the following findings:
"That the amendment is consistent with the adopted goals, objectives and
policies outlined in fhe Vail Comprehensive Plan and compatible with the
development objectives of the Town; and
2. That the amendment is compatible with and suitable to adjacent uses and
ORDINANCE NO. 27
Series of 2008
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN
ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP;
REZONING PARCEL B, A RE-SUBDIVISION OF TRACT D, VAIL DAS SCHONE FIRST
FILING, FROM TWO-FAMILY PRIMARY/SECONDARY (P/S) DISTRICT TO HOUSING (H)
DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO.
WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the procedures for
evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map"); and
WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in
accordance with the prescribed requirements outlined in Sections 12-3-1 through 12-3-7 of the
Zoning Regulations of the Vail Town Code; and
WHEREAS, on October 27, 2008, the Planning and Environmental Commission of the
Town of Vail reviewed and forwarded a recommendation (6-1-0) of approval of the proposed
amendment to the "Zoning Map" to the Vail Town Council in accordance with the criteria and
findings outlined in Section 12-3-7 of the Zoning Regulations of the Town of Vail; and
WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Map" is
consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive
Plan, the Vail Land Use Plan and is compatible with the development objectives of the Town; and
WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" is compatible
with and suitable to adjacent uses and appropriate for the surrounding areas; and
WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" 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.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Ordinance No. 27, Series of 2008
construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of November, 2008 and a
public hearing for second reading of this Ordinance set for the 18th day of November,
2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Richard D. Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
Ordinance No. 27, Series of 2008
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MEMORANDUM p~c~ment S
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: October 27, 2008
SUBJECT: A request for a final recommendation to the Vail Town Council, for a
proposed change to the official zoning map, pursuant to section 12-5-3,
Changes, Vail Town Code, to allow for a rezoning from Two-Family
Primary/Secondary District to Housing District, located at 2310 Chamonix
Road/Parcel B, re-subdivision of Tract D, Vail Das Schone Filing 1, and
setting forth details in regard thereto. (PEC080057)
Applicant: Town of Vail, represented by Nina Timm
Planner: Warren Campbell
II. SUMMARY
The applicant, the Town of Vail represented by Nina Timm, Housing Coordinator, is
requesting final review of a proposed change to the official zoning map, pursuant to
section 12-5-3, Changes, Vail Town Code, to allow for a rezoning from Two-Family
Primary/Secondary (P/S) District to Housing (H) District, located at 2310 Chamonix
Road/Parcel B, re-subdivision of Tract D, Vail Das Schone Filing 1. The parcel is
commonly known as the "Chamonix Property."
Staff is recommending the Planning and Environmental Commission forwards a
recommendation of approval on the request to rezone the Chamonix Property from
P/S District to H District subject to the findings and criteria outlined in Section VIII of
this memorandum.
II. DESCRIPTION OF REQUEST
The applicant, the Town of Vail represented by Nina Timm, Housing Coordinator,
requests final review of a proposed change to the official zoning map, pursuant to
section 12-5-3, Changes, Vail Town Code, to allow for a rezoning from Two-Family
P/S District to H District, located at 2310 Chamonix Road/Parcel B, re-subdivision of
Tract D, Vail Das Schone Filing 1. The parcel is commonly known as the Chamonix
Property. The purpose of this rezoning is to have zoning sufficient for the
construction of approximately 58 deed restricted employee housing units per the
recommendation of the Chamonix Site Master Plan Advisory Committee, consisting
of ten members representing the Town Council, Planning and Environmental
Commission, Housing Authority, Fire Department and the public.
III. BACKGROUND
Along with the Advisory Committee, on August 5, 2008, Town Council recommended (6
to 1) to pursue the development of 58 deed restricted employee housing units on the
Chamonix Property. This was based upon support for the density, unit mix and general
layout of the development.
13
The preferred development plan that identifies 58 units as appropriate density has been
labeled the "Neighborhood Block" scenario. It identifies a mix of two and three-bedroom
units of various square feet. The units are proposed in multi-family buildings as well as a
limited number of duplex units. Town Staff is currently in the process of validating the
construction costs to ensure the Town's ability to deliver the units at price points
affordable to the desired employee occupants. When this work is complete and the
Town is comfortable with its ability to have a successful employee housing development
Staff will be seeking a Planning and Environmental Commission recommendation on a
proposed master plan amendment.
IV. ROLES OF REVIEWING BOARDS
Rezoning/Zone District Boundary Amendment
Planning and Environmental Commission:
The Planning and Environmental Commission is advisory to the Town Council. The
Planning and Environmental Commission shall- review the proposal and make a
recommendation to the Town Council on the compatibility of the proposed zoning
with surrounding uses, consistency with the Vail Comprehensive Plans, and impact
on the general welfare of the community.
Design Review Board:
The Design Review Board has no review authority on zoning/rezonings.
Staff:
The staff is responsible for ensuring that all submittal requirements are provided.
The staff advises the applicant as to compliance with the Zoning Regulations. Staff
provides a staff memo containing background on the property and provides a staff
evaluation of the project with respect to the required criteria and findings, and a
recommendation on approval, approval with conditions, or denial. Staff also
facilitates the review process.
Town Council:
The Town Council is responsible for final approval/denial of a zoning/rezoning.
The Town Council shall review and approve the proposal based on the compatibility
of the proposed zoning with surrounding uses, consistency with the Vail
Comprehensive Plans, and impact on the general welfare of the community.
V. APPLICABLE PLANNING DOCUMENTS
Town of Vail Zoning Regulations (Title 12, Vail Town Code)
Article I: Housing (H) Zone District (in part)
12-61-1: PURPOSE: The housing district is intended to provide adequate sites for
employee housing which, because of the nature and characteristics of
employee housing, cannot be adequately regulated by the development
standards prescribed for other residential zone districts. It is necessary in this
zone district to provide development standards specifically prescribed for
each development proposal or project to achieve the purposes prescribed in
section 72-7-2 of this title and to provide for the public welfare. Certain
nonresidential uses are allowed as conditional uses, which are intended to be
incidental and secondary to the residential uses of the district. The housing district is
intended to ensure that employee housing permitted in the zone district is
appropriately located and design to meet the needs of residents of Vail, to
14
harmonious with surrounding uses, and to ensure adequate light, air, open spaces,
and other amenities appropriate to the allowed types of uses.
12-61-2: PERMITTED USES: The following uses shall be permitted in the H District:
Bicycle and pedestrian paths.
Deed restricted employee housing units, as further described in chapter 13
of this title.
Passive outdoor recreation areas, and open space.
12-61-3: CONDITIONAL USES: The following uses shall be permitted in H district,
subject to issuance of a conditional use permit in accordance with the provisions of
Chapter 16 of this Title:
Commercial uses which are secondary and incidental (as determined by the
planning and environmental commission) to the use of employee housing and
specifically serving the needs of the residents of the development, and
developed in conjunction with employee housing, in which case the following
uses maybe allowed subject to a conditional use permit:
Banks and financial institutions.
Child daycare facilities.
Eating and drinking establishments.
Funiculars and other similar conveyances.
Health clubs.
Personal services, including, but not limited to, Laundromats, beauty and
barber shops, tailor shops, and similar services.
Retail stores and establishments.
Business offices and professional offices as further regulated by Section 12-
16-7 of this title.
Dwelling units (not employee housing units) subject to the following criteria to
be evaluated by the planning and environmental commission:
A. Dwelling units are created solely for the purpose of subsidizing
employee housing on the property, and
B. Dwelling units are not the primary use of the property. The GRFA for
dwelling units shall not exceed thirty percent (30%) of the total GRFA
constructed on the property, and C. Dwelling units are only created in
conjunction with employee housing, and
D. Dwelling units are compatible with the proposed uses and buildings on
the site and are compatible with buildings and uses on adjacent
properties.
Outdoor patios.
Public and private schools.
Public buildings, grounds and facilities.
Public parks and recreational facilities.
Public utilities installations including transmission lines and appurtenant
equipment.
Type VI employee housing units, as further regulated by chapter 13 of this
title.
12-61-5: SETBACKS: The setbacks in this district shall be twenty feet (20) from the
perimeter of the zone district. At the discretion of the planning and environmental
commission, variations to the setback standards maybe approved during the review
of a development plan subject to the applicant demonstrating compliance with the
following criteria:
A. Proposed building setbacks provide necessary separation between
buildings and riparian areas, geologically sensitive areas and other
15
environmentally sensitive areas.
8. Proposed building setbacks will provide adequate availability of light,
air and open space.
C. Proposed building setbacks will provide a compatible relationship with
buildings and uses on adjacent properties.
D. Proposed building setbacks will result in creative design solutions or
other public benefits that could not otherwise be achieved by
conformance with prescribed setback standards.
Variations to the twenty foot (20) setback shall not be allowed on property lines
adjacent to HR, SFR, R, PS, and RC zoned properties, unless a variance is
approved by the planning and environmental commission pursuant to chapter 17 of
this title.
12-6/-6: SITE COVERAGE: Site coverage shall not exceed fifty five percent (55%) of
the total site area. At the discretion of the planning and environmental commission,
site coverage maybe increased if seventy five percent (75%) of the required parking
spaces are underground or enclosed, thus reducing the impacts of surface paving
provided within a development, and that the minimum landscape area requirement is
met.
12-61-7: LANDSCAPE AND SITE DEVELOPMENT: At least thirty percent (30%) of
the total site area shall be landscaped. The minimum width and length of any area
qualifying as landscaping shall be fifteen feet (15) with a minimum area not less than
three hundred (300) square feet.
12-6/-8: PARKING AND LOADING: Off street parking shall be provided in
accordance with Chapter 10 of this title. No parking or loading area shall be located
within any required setback area. At the discretion of the planning and environmental
commission, variations to the parking standards outlined in Chapter 10 of this title
may be approved during the review of a development plan subject to a parking
management plan. The parking management plan shall be approved by the planning
and environmental commission and shall provide for a reduction in the parking
requirements based on a demonstrated need for fewer parking spaces than Chapter
10 of this title would require. For example, a demonstrated need for a reduction in
the required parking could include:
A. Proximity or availability of alternative modes of transportation
including, but not limited to, public transit or shuttle services.
8. A limitation placed in the deed restrictions limiting the number of cars
for each unit.
C. A demonstrated permanent program including, but not limited to,
rideshare programs, carshare programs, shuttle service, or staggered
work shifts.
12-6/-9: LOCATION OF BUSINESS ACTIVITIES:
A. Limitation; Exception: All conditional uses by section 12-6/-3 of this
article shall be operated and conducted entirely within a building,
except for permitted loading areas and such activities as may be
specifically authorized to be unenclosed by a conditional use permit
and the outdoor display of goods.
8. Outdoor Display Areas: The area to be used for outdoor display must
be located directly in front of the establishment displaying the goods
and entirely upon the establishment's own property. Sidewalks,
building entrances and exits, driveways and streets shall not be
obstructed by outdoor display.
16
12-61-10: OTHER DEVELOPMENT STANDARDS:
A. Prescribed By Planning And Environmental Commission: In the H
district, development standards in each of the following categories
shall be as proposed by the applicant, as prescribed by the planning
and environmental commission, and as adopted on the approved
development plan
1. Lot area and site dimensions.
2. Building height.
3. Density control (including gross residential floor area).
12-61-11: DEVELOPMENT PLAN REQUIRED:
A. Compatibility with Intent: To ensure the unified development, the
protection of the natural environment, the compatibility with the
surrounding area and to assure that development in the housing
district will meet the intent of the zone district, an approved
development plan shall be required.
B. Plan Process and Procedures: The proposed development plan shall
be in accordance with section 12-61-12 of this article and shall be
submitted by the developer to the administrator who shall refer it to
the planning and environmental commission, which shall the plan at a
regularly scheduled meeting.
C. Hearing: The public hearing before the planning and environmental
commission shall be held in accordance with section 12-3-6 of this
title. The planning and environmental commission may approve fhe
application as submitted, approve the application with conditions or
modifications, or deny the application. The decision of the planning
and environmental commission may be appealed to the town council
in accordance with section 12-3-3 of this title.
D. Plan As Guide: The approved development plan shall be used as the
principal guide for all development within the housing district.
E. Amendment Process: Amendments to the approved development
plan will be considered in accordance with the provisions of section
12-OA-10 of this title.
F. Design Review Board Approval Required: The development plan and
any subsequent amendments thereto shall require the approval of the
design review board in accordance with the applicable provisions of
chapter 11 of this title prior to the commencement of site preparation.
12-61-13: DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION: The
following criteria shall be used as the principal means for evaluating a proposed
development plan. It shall be the burden of the applicant to demonstrate that the
proposed development plan complies with all applicable design criteria:
A. Building design with respect to architecture, character, scale, massing
and orientation is compatible with the site, adjacent properties and the
surrounding neighborhood.
B. Buildings, improvements, uses and activities are designed and
located to produce a functional development plan responsive to the
site, the surrounding neighborhood and uses, and the community as a
whole.
C. Open space and landscaping are both functional and aesthetic, are
designed to preserve and enhance the natural features of the site,
maximize opportunities for access and use by the public, provide
adequate buffering between the proposed uses and surrounding
17
properties, and when possible, are integrated with existing open
space and recreation areas.
D. A pedestrian and vehicular circulation system designed to provide
safe, efficient and aesthetically pleasing circulation to the site and
throughout the development.
E. Environmental impacts resulting from the proposal have been
identified in the project's environmental impact report, if not waived,
and all necessary mitigating measures are implemented as a part of
the proposed development plan.
F. Compliance with the Vail comprehensive plan and other applicable
plans.
Vail Land Use Plan
Land Use Designation
Medium Density Residential-
The medium density residential category include housing which would
typically be designed as attached units with common walls. Densitites
in this category would range from 3 to 14 dwelling units per buildable
acre. Additional types of uses in this category would include private
recreational facilities, private parking facilities and institutional/public
uses such as parks and open space, churches, and fire stations.
Chapter Vll -Community Facilities, 7 Inventory and Assessment of Town
Owned Property, Coarse Screen of Sites
Tract 43 -Chamonix Parcel
The 3.6 acre Chamonix Parcel has been identified for the location of a
fire station as the primary use on the site and which may include other
Town of Vail uses. Secondary uses on the site include a medium
density residential development, recreational areas, and open space
buffers. A Land Use Plan depicting the location of the future uses
has been prepared as the result of a comprehensive planning process
and is included as Appendix F of this document.
VI. SURROUNDING LAND USES AND ZONING
Land Use Zoning
North: Residential P/S District
East: Commercial Heavy Service (HS) District and
Commercial Core 3 (CC3)
West: Residential P/S District
South: Commercial HS District and CC3
VII. SITE ANALYSIS
The following is a zoning analysis of Parcel B, re-subdivision of Tract D, Vail Das
Schone Filing 1, which is proposed to be amended by the application.
Parcel B, re-subdivision of Tract D, Vail Das Schone Filing 1
Zoning: P/S District
Land Use Plan Designation: Medium Density Residential
Current Land Use: Vacant
is
Development Standard Allowed Existing
Lot Area: determined by PEC 156,816 s.f./3.6 acres
G RFA:
determined by PEC
vacant
Access: Access to the site may be taken off of Chamonix Road
or Chamonix Lane.
Frontage on Chamonix Road: 575 feet
Frontage on Chamonix Lane: 1,000 feet
VIII. APPLICATION CRITERIA AND FINDINGS
Amendment to the Official Zoning Map of the Town of Vail (rezoning)
Chapter 3, Administration and Enforcement, Title 12, Zoning Title, of the Vail Town
Code authorizes amendments to the Official Zoning Map of the Town of Vail.
Pursuant to Section 12-3-7, Amendments, in part,
"an application to amend the district boundaries of the Zoning Map may be
initiated by petition of any resident or property owner in the Town."
Furthermore, Section 12-3-7 C prescribes the criteria and findings the Planning and
Environmental Commission and Town Council shall consider with respect to a
request to amend the Zoning Map.
The Town of Vail is seeking a recommendation of approval to rezone the Chamonix
Property from Primary/Secondary (P/S) District to the Housing (H) District.
According to Section 12-3-7 C, of the Vail Town Code,
Before acting on an application for a rezoning, the Planning and Environmental
Commission and Town Council shall consider the following factors with respect to
the requested zone district boundary amendment:
1. The extent to which the zone district amendment is consistent with
all 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
In October, 2002, when the Town of Vail acquired the Chamonix Property
it identified a "fire station, employee housing and land-banking" as the
future public uses of this property. Additionally, the Town adopted a Land
Use Plan Amendment in August, 2005, which again affirmed housing and
a fire station as appropriate use of the Chamonix Property.
Through the Chamonix Property public process and the extensive work of
the Chamonix Advisory Committee it was determined that rezoning the
Chamonix Property to the Housing District would provide the greatest
opportunity to provide deed restricted employee housing units.
According to Section 12-61-1: Purpose; Housing District, Vail Town Code,
19
"The housing district is intended to provide adequate sites for
employee housing which, because of the nature and
characteristics of employee housing, cannot. be adequately
regulated by the development standards prescribed for other
residential zone districts. It is necessary in this zone district to
provide development standards specifically prescribed for each
development proposal or project to achieve the purposes
prescribed in section 12-1-2 of this title and to provide for the
public welfare. "
Staff believes the proposed rezoning of the Chamonix Property is
consistent and compatible with the Vail Comprehensive Plan and the
Town's development objectives. The Town of Vail has a stated goal of
ensuring there is deed restricted employee housing for at least 30% of the
workforce. Additionally, the Employee Housing Strategic Plan identifies
the Chamonix Property as a location ideal for providing new deed
restricted employee housing to address existing employee housing
deficiencies.
Staff believes the proposal complies with this criterion.
2. The extent to which the zone district amendment is suitable with the
existing and potential land uses on the site and existing and
potential surrounding land uses as set out in the Town's adopted
planning documents; and
In 2002, when the Town of Vail purchased the Chamonix Property three
uses were identified, they included a "fire station, employee housing and
land banking." The proposed rezoning will allow for development of the
intended property uses. Residential development on the Chamonix
Property is consistent with the adjacent residential uses and has been
deemed appropriate through an extensive public process. The request to
rezone this parcel to Housing District will have no negative effect on the
items identified in this criterion. The acquisition of the Wendy's Site
allows for a transition buffer from residential uses and the proposed new
fire station.
Staff believes the proposal complies with this criterion.
3. The extent to which the zone district amendment presents a
harmonious, convenient, workable relationship among land uses
consistent with municipal development objectives; and
The proposed rezoning will allow for development of the intended
property uses. Residential development of the Chamonix Property is
consistent with the adjacent residential uses and has been deemed
appropriate through an extensive public process. The request to rezone
this parcel to Housing District will have no negative effect on the items
identified in this criterion.
Staff believes the proposal complies with this criterion.
4. The extent to which the zone district amendment provides for the
growth of an orderly viable community and does not constitute spot
20
zoning as the amendment serves the best interests of the
community as a whole; and
The requested rezoning of the Chamonix Property does not constitute
spot zoning as the adjacent uses to the North and West are zoned for
residential development. This rezoning serves the best interest of the
community by providing additional sites for the development of deed
restricted employee housing. Furthermore it creates a transitional zone
between the existing structures to the north of the property and the
proposed fire station and existing gas station property.
Staff believes the proposal complies with this criterion.
5. The extent to which the zone district amendment results in adverse
or beneficial impacts on the natural environment, including but not
limited to water quality, air quality, noise, vegetation, riparian
corridors, hillsides and other desirable natural features; and
The proposed rezoning does not have any adverse effects on the items
identified in the above criterion.
Staff believes the proposal complies with this criterion.
6. The extent to which the zone district amendment is consistent with
the purpose statement of the proposed zone district.
The Housing (H) District is proposed for the subject property. The
proposed zone district is consistent with the intended purpose of that
zone district. The purpose of the Housing District is found under
Criterion 1.
Staff believes the proposal complies with this criterion.
7. The extent to which the zone district amendment demonstrates how
conditions have changed since the zoning designation of the
subject property was adopted and is no longer appropriate.
The requested zoning is appropriate for the Chamonix Property. Since
the parcel was annexed into the Town of Vail and zoned
Primary/Secondary District the ability of the Town to provide affordable
employee housing has dramatically decreased. In recognition of this
challenge the Town created the Housing District specifically to cause the
development of deed restricted employee housing.
Staff believes the proposal complies with this criterion.
8. Such other factors and criteria as the Commission and/or Council
deem applicable to the proposed rezoning.
IX. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forwards a recommendation of approval of a request
for a final recommendation to the Vail Town Council to rezone Parcel B, re-
subdivision of Tract D, Vail Das Schone Filing 1 from Primary/Secondary (P/S) to
21
Housing (H) District, located at 2310 Chamonix Road and setting forth details in
regard thereto.
Staff's recommendation is based upon the review of the criteria outlined in Section
VIII of this memorandum and the evidence and testimony presented, subject to the
following findings:
"Before recommending and/or granting an approval of an application for a
zone district boundary amendment the Planning & Environmental
Commission and the Town Council shall make the following findings with
respect to the requested amendment:
4. That the amendment is consistent with the adopted goals, objectives
and policies outlined in the Vail Comprehensive Plan and compatible
with the development objectives of the Town; and
5. That the amendment is compatible with and suitable to adjacent uses
and appropriate for the surrounding areas; and
6. 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. "
X. ATTACHMENTS
A. Existing Zoning
B. Proposed Zoning
C. Public Notice
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Attachment: C
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 27, 2008, at 1:00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for a final recommendation to the Vail Town Council, for a proposed change to
the official zoning map, pursuant to section 12-5-3, changes, Vail Town Code, to allow
for a rezoning Commercial Core 3 to General Use District, located at 2399 North
Frontage Road/Parcel A, re-subdivision of Tract D, Vail Das Schone Filing 1, and setting
forth details in regard thereto. (PEC080059)
Applicant: Town of Vail
Planner: Warren Campbell
A request for a final recommendation to the Vail Town Council, for a proposed change to
the official zoning map, pursuant to section 12-5-3, changes, Vail Town Code, to allow
for a rezoning Two-Family Primary/Secondary District to Housing District, located at
2310 Chamonix Road/Parcel B, re-subdivision of Tract D, Vail Das Schone Filing 1, and
setting forth details in regard thereto. (PEC080057)
Applicant: Town of Vail
Planner: Warren Campbell
A request for final recommendations to the Vail Town Council, for the proposed adoption
of the Chamonix Master Plan, to facilitate the development of Employee Housing and a
Fire Station on the "Chamonix Parcel" and "Wendy's Parcel" and a final recommendation
to the Vail Town Council to amend the Vail Land Use Plan, pursuant to Section 8-3,
Amendment Process, Vail Land Use Plan to designate the Chamonix Master Plan area,
located at 2399 North Frontage Road and 2310 Chamonix Road/Parcels A & B, re-
subdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard
thereto. (PEC080058)
Applicant: Town of Vail
Planner: Warren Campbell
The applications and information about the proposals are available for public inspection
during office hours at the Town of Vail Community Development Department, 75 South
Frontage Road. The public is invited to attend project orientation and the site visits that
precede the public hearing in the Town of Vail Community Development Department.
Please call 970-479-2138 for additional information.
Sign language interpretation is available upon request, with 24-hour notification. Please
call 970-479-2356, Telephone for the Hearing Impaired, for information.
Published October 10, 2008, in the Vail Daily.
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT
Planning and Environmental Commission
Community Development Department
October 27, 2008
proposed change to the official zoning map, pursuant to section 12-5-3,
Changes, Vail Town Code, to allow for a rezoning from Two-Family
Primary/Secondary District to Housing District, located at 2310 Chamonix
Road/Parcel B, re-subdivision of Tract D, Vail Das Schone Filing 1, and
setting forth details in regard thereto. (PEC080057)
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A request for a final recommendation to the Vail Town Council, fora ~~ J
Applicant: Town of Vail, represented by Nina Timm
Planner: Warren Campbell
SUMMARY
The applicant, the Town of Vail represented by Nina Timm, Housing Coordinator, is
requesting final review of a proposed change to the official zoning map, pursuant to
section 12-5-3, Changes, Vail Town Code, to allow for a rezoning from Two-Family
Primary/Secondary (P/S) District to Housing (H) District, located at 2310 Chamonix
Road/Parcel B, re-subdivision of Tract D, Vail Das Schone Filing 1. The parcel is
commonly known as the "Chamonix Property."
Staff is recommending the Planning and Environmental Commission forwards a
recommendation of approval on the request to rezone the Chamonix Property from
P/S District to H District subject to the findings and criteria outlined in Section VIII of
this memorandum. ~' ~ ~~
DESCRIPTION OF REQUEST
The applicant, the Town of Vail represented by Nina Timm, Housing Coordinator,
requests final review of a proposed change to the official zoning map, pursuant to
section 12-5-3, Changes, Vail Town Code, to allow for a rezoning from Two-Family
P/S District to H District, located at 2310 Chamonix Road/Parcel B, re-subdivision of
Tract D, Vail Das Schone Filing 1. The parcel is commonly known as the Chamonix
Property. The purpose of this rezoning is to have zoning sufficient for the
construction of approximately 58 deed restricted employee housing units per the
recommendation of the Chamonix Site Master Plan Advisory Committee, consisting
of ten members representing the Town Council, Planning and Environmental
Commission, Housing Authority, Fire Department and the public.
BACKGROUND
Along with the Advisory Committee, on August 5, 2008, Town Council recommended (6
to 1) to pursue the development of 58 deed restricted employee housing units on the
Chamonix Property. This was based upon support for the density, unit mix and general
layout of the development.
The preferred development plan that identifies 58 units as appropriate density has been
labeled the "Neighborhood Block" scenario. It identifies a mix of two and three-bedroom
units of various square feet. The units are proposed in multi-family buildings as well as a
limited number of duplex units. Town Staff is currently in the process of validating the
construction costs to ensure the Town's ability to deliver the units at price points
affordable to the desired employee occupants. When this work is complete and the
Town is comfortable with its ability to have a successful employee housing development
Staff will be seeking a Planning and Environmental Commission recommendation on a
proposed master plan amendment.
IV. ROLES OF REVIEWING BOARDS
Rezonina/Zone District Boundary Amendment
Planning and Environmental Commission:
The Planning and Environmental Commission is advisory to the Town Council. The
Planning and Environmental Commission shall review the proposal and make a
recommendation to the Town Council on the compatibility of the proposed zoning
with surrounding uses, consistency with the Vail Comprehensive Plans, and impact
on the general welfare of the community.
Design Review Board:
The Design Review Board has no review authority on zoning/rezonings.
Staff:
The staff is responsible for ensuring that all submittal requirements are provided.
The staff advises the applicant as to compliance with the Zoning Regulations. Staff
provides a staff memo containing background on the property and provides a staff
evaluation of the project with respect to the required criteria and findings, and a
recommendation on approval, approval with conditions, or denial. Staff also
facilitates the review process.
Town Council:
The Town Council is responsible for final approval/denial of a zoning/rezoning.
The Town Council shall review and approve the proposal based on the compatibility
of the proposed zoning with surrounding uses, consistency with the Vail
Comprehensive Plans, and impact on the general welfare of the community.
V. APPLICABLE PLANNING DOCUMENTS
Town of Vail Zoning Regulations (Title 12, Vail Town Code)
Article I: Housing (H) Zone District (in part)
12-61-7: PURPOSE: The housing district is intended to provide adequate sites for
employee housing which, because of the nature and characteristics of
employee housing, cannot be adequately regulated by the development
standards prescribed for other residential zone districts. It is necessary in this
zone district to provide development standards specifically prescribed for
each development proposal or project to achieve the purposes prescribed in
section 12-1-2 of this title and to provide for the public welfare. Certain
nonresidential uses are allowed as conditional uses, which are intended to be
incidental and secondary to the residential uses of the district. The housing district is
intended to ensure that employee housing permitted in the zone district is
appropriately located and design to meet the needs of residents of Vail, to
2
harmonious with surrounding uses, and to ensure adequate light, air, open spaces,
and other amenities appropriate to the allowed types of uses.
12-6/-2: PERMITTED USES: The following uses shall be permitted in the H District:
Bicycle and pedestrian paths.
Deed restricted employee housing units, as further described in chapter 13
of this title.
Passive outdoor recreation areas, and open space.
12-6/-3: CONDITIONAL USES: The following uses shall be permitted in H district,
subject to issuance of a conditional use permit in accordance with the provisions of
Chapter 16 of this Title:
Commercial uses which are secondary and incidental (as determined by the
planning and environmental commission) to the use of employee housing and
specifically serving the needs of the residents of the development, and
developed in conjunction with employee housing, in which case the following
uses maybe allowed subject to a conditional use permit:
Banks and financial institutions.
Child daycare facilities.
Eating and drinking establishments.
Funiculars and other similar conveyances.
Health clubs.
Personal services, including, but not limited to, laundromats, beauty and
barber shops, tailor shops, and similar services.
Retail stores and establishments.
Business offices and professional offices as further regulated by Section 12-
16-7 of this title.
Dwelling units (not employee housing units) subject to the following criteria to
be evaluated by the planning and environmental commission:
A. Dwelling units are created solely for the purpose of subsidizing
employee housing on the property, and
B. Dwelling units are not the primary use of the property. The GRFA for
dwelling units shall not exceed thirty percent (30%) of the total GRFA
constructed on the property, and C. Dwelling units are only created in
conjunction with employee housing, and
D. Dwelling units are compatible with the proposed uses and buildings on
the site and are compatible with buildings and uses on adjacent
properties.
Outdoor patios.
Public and private schools.
Public buildings, grounds and facilities.
Public parks and recreational facilities.
Public utilities installations including transmission lines and appurtenant
equipment.
Type VI employee housing units, as further regulated by chapter 13 of this
title.
12-61-5: SETBACKS: The setbacks in this district shall be twenty feet (20) from the
perimeter of the zone district. At the discretion of the planning and environmental
commission, variations to the setback standards maybe approved during the review
of a development plan subject to the applicant demonstrating compliance with the
following criteria:
A. Proposed building setbacks provide necessary separation between
buildings and riparian areas, geologically sensitive areas and other
3
environmentally sensitive areas.
8. Proposed building setbacks will provide adequate availability of light,
air and open space.
C. Proposed building setbacks will provide a compatible relationship with
buildings and uses on adjacent properties.
D. Proposed building setbacks will result in creative design solutions or
other public benefits that could not otherwise be achieved by
conformance with prescribed setback standards.
Variations to the twenty foot (20) setback shall not be allowed on property lines
adjacent to HR, SFR, R, PS, and RC zoned properties, unless a variance is
approved by the planning and environmental commission pursuant to chapter 17 of
this title.
12-61-6: SITE COVERAGE: Site coverage shall not exceed fifty five percent (55%) of
the total site area. At the discretion of the planning and environmental commission,
site coverage may be increased if seventy five percent (75%) of the required parking
spaces are underground or enclosed, thus reducing the impacts of surface paving
provided within a development, and that the minimum landscape area requirement is
met.
12-61-7: LANDSCAPE AND SITE DEVELOPMENT.' At least thirty percent (30%) of
the total site area shall be landscaped. The minimum width and length of any area
qualifying as landscaping shall be fifteen feet (15') with a minimum area not less than
three hundred (300) square feet.
12-6/-8: PARKING AND LOADING: Off street parking shall be provided in
accordance with Chapter 10 of this title. No parking or loading area shall be located
within any required setback area. At the discretion of the planning and environmental
commission, variations to the parking standards outlined in Chapter 10 of this title
may be approved during the review of a development plan subject to a parking
management plan. The parking management plan shall be approved by the planning
and environmental commission and shall provide for a reduction in the parking
requirements based on a demonstrated need for fewer parking spaces than Chapter
10 of this title would require. For example, a demonstrated need for a reduction in
the required parking could include:
A. Proximity or availability of alternative modes of transportation
including, but not limited to, public transit or shuttle services.
8. A limitation placed in the deed restrictions limiting the number of cars
for each unit.
C. A demonstrated permanent program including, but not limited to,
rideshare programs, carshare programs, shuttle service, or staggered
work shifts.
12-6/-9: LOCATION OF BUSINESS ACTIVITIES:
A. Limitation; Exception: All conditional uses by section 12-61-3 of this
article shall be operated and conducted entirely within a building,
except for permitted loading areas and such activities as may be
specifically authorized to be unenclosed by a conditional use permit
and the outdoor display of goods.
8. Outdoor Display Areas: The area to be used for outdoor display must
be located directly in front of the establishment displaying the goods
and entirely upon the establishment's own property. Sidewalks,
building entrances and exits, driveways and streets shall not be
obstructed by outdoor display.
4
12-61-10: OTHER DEVELOPMENT STANDARDS:
A. Prescribed By Planning And Environmental Commission: In the H
district, development standards in each of the following categories
shall be as proposed by the applicant, as prescribed by the planning
and environmental commission, and as adopted on the approved
development plan
1. Lot area and site dimensions.
2. Building height.
3. Densify control (including gross residential floor area).
12-61-11: DEVELOPMENT PLAN REQUIRED:
A. Compatibility with Intent: To ensure the unified development, the
protection of the natural environment, the compatibility with the
surrounding area and to assure that development in the housing
district will meet the intent of fhe zone district, an approved
development plan shall be required.
8. Plan Process and Procedures: The proposed development plan shall
be in accordance with section 12-61-12 of this article and shall be
submitted by the developer to the administrator who shall refer it to
the planning and environmental commission, which shall the plan at a
regularly scheduled meeting.
C. Hearing: The public hearing before the planning and environmental
commission shall be held in accordance with section 12-3-6 of this
title. The planning and environmental commission may approve the
application as submitted, approve the application with conditions or
modifications, or deny the application. The decision of the planning
and environmental commission may be appealed to the town council
in accordance with section 12-3-3 of this title.
D. Plan As Guide: The approved development plan shall be used as the
principal guide for all development within the housing district.
E. Amendment Process: Amendments to the approved development
plan will be considered in accordance with the provisions of section
12-OA-10 of this title.
F. Design Review Board Approval Required: The development plan and
any subsequent amendments thereto shall require the approval of the
design review board in accordance with the applicable provisions of
chapter 11 of this title prior to the commencement of site preparation.
12-61-13: DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION: The
following criteria shall be used as the principal means for evaluating a proposed
development plan. It shall be the burden of the applicant to demonstrate that the
proposed development plan complies with all applicable design criteria:
A. Building design wifh respect to architecture, character, scale, massing
and orientation is compatible with the site, adjacent properties and the
surrounding neighborhood.
8. Buildings, improvements, uses and activities are designed and
located to produce a functional development plan responsive to the
site, the surrounding neighborhood and uses, and the community as a
whole.
C. Open space and landscaping are both functional and aesthetic, are
designed to preserve and enhance the natural feafures of the site,
maximize opportunities for access and use by the public, provide
adequate buffering between the proposed uses and surrounding
properties, and when possible, are integrated with existing open
space and recreation areas.
D. A pedestrian and vehicular circulation system designed to provide
safe, efficient and aesthetically pleasing circulation to the site and
throughout the development.
E. Environmental impacts resulting from the proposal have been
identified in the project's environmental impact report, if not waived,
and all necessary mitigating measures are implemented as a part of
the proposed development plan.
F. Compliance with the Vail comprehensive plan and other applicable
plans.
Vail Land Use Plan
Land Use Designation
Medium Density Residential-
The medium density residential category include housing which would
typically be designed as attached units with common walls. Densitites
in this category would range from 3 to 14 dwelling units per buildable
acre. Additional types of uses in this category would include private
recreational facilities, private parking facilities and institutional/public
uses such as parks and open space, churches, and fire stations.
Chapter Vll -Community Facilities, 1 Inventory and Assessment of Town
Owned Property, Coarse Screen of Sites
Tract 43 -Chamonix Parcel
The 3.6 acre Chamonix Parcel has been identified for the location of a
fire station as the primary use on the site and which may include other
Town of Vail uses. Secondary uses on the site include a medium
density residential development, recreational areas, and open space
buffers. A Land Use Plan depicting the location of the future uses
has been prepared as the result of a comprehensive planning process
and is included as Appendix F of this document.
VI. SURROUNDING LAND USES AND ZONING
Land Use Zoning
North: Residential P/S District
East: Commercial Heavy Service (HS) District and
Commercial Core 3 (CC3)
West: Residential P/S District
South: Commercial HS District and CC3
VII. SITE ANALYSIS
The following is a zoning analysis of Parcel B, re-subdivision of Tract D, Vail Das
Schone Filing 1, which is proposed to be amended by the application.
Parcel B, re-subdivision of Tract D, Vail Das Schone Filing 1
Zoning: P/S District
Land Use Plan Designation: Medium Density Residential
Current Land Use: Vacant
VIII
Development Standard
Lot Area:
GRFA:
Allowed
determined by PEC
determined by PEC
Existing
156,816 s.f./3.6 acres
vacant
Access: Access to the site may be taken off of Chamonix Road
or Chamonix Lane.
Frontage on Chamonix Road: 575 feet
Frontage on Chamonix Lane: 1,000 feet
APPLICATION CRITERIA AND FINDINGS
Amendment to the Official Zoning Map of the Town of Vail (rezoning)
Chapter 3, Administration and Enforcement, Title 12, Zoning Title, of the Vail Town
Code authorizes amendments to the Official Zoning Map of the Town of Vail.
Pursuant to Section 12-3-7, Amendments, in part,
"an application to amend the district boundaries of the Zoning Map may be
initiated by petition of any resident or property owner in the Town."
Furthermore, Section 12-3-7 C prescribes the criteria and findings the Planning and
Environmental Commission and Town Council shall consider with respect to a
request to amend the Zoning Map.
The Town of Vail is seeking a recommendation of approval to rezone the Chamonix
Property from Primary/Secondary (P/S) District to the Housing (H) District.
According to Section 12-3-7 C, of the Vail Town Code,
Before acting on an application for a rezoning, the Planning and Environmental
Commission and Town Council shall consider the following factors with respect to
the requested zone district boundary amendment:
1. The extent to which the zone district amendment is consistent with
all 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
In October, 2002, when the Town of Vail acquired the Chamonix Property
it identified a "fire station, employee housing and land-banking" as the
future public uses of this property. Additionally, the Town adopted a Land
Use Plan Amendment in August, 2005, which again affirmed housing and
a fire station as appropriate use of the Chamonix Property.
Through the Chamonix Property public process and the extensive work of
the Chamonix Advisory Committee it was determined that rezoning the
Chamonix Property to the Housing District would provide the greatest
opportunity to provide deed restricted employee housing units.
According to Section 12-61-1: Purpose; Housing District, Vail Town Code,
"The housing district is intended to provide adequate sites for
employee housing which, because of the nature and
characteristics of employee housing, cannot be adequately
regulated by the development standards prescribed for other
residential zone districts. It is necessary in this zone district to
provide development standards specifically prescribed for each
development proposal or project to achieve the purposes
prescribed in section 12-1-2 of this title and to provide for the
public welfare. "
Staff believes the proposed rezoning of the Chamonix Property is
consistent and compatible with the Vail Comprehensive Plan and the
Town's development objectives. The Town of Vail has a stated goal of
ensuring there is deed restricted employee housing for at least 30% of the
workforce. Additionally, the Employee Housing Strategic Plan identifies
the Chamonix Property as a location ideal for providing new deed
restricted employee housing to address existing employee housing
deficiencies.
Staff believes the proposal complies with this criterion.
2. The extent to which the zone district amendment is suitable with the
existing and potential land uses on the site and existing and
potential surrounding land uses as set out in the Town's adopted
planning documents; and
In 2002, when the Town of Vail purchased the Chamonix Property three
uses were identified, they included a "fire station, employee housing and
land banking." The proposed rezoning will allow for development of the
intended property uses. Residential development on the Chamonix
Property is consistent with the adjacent residential uses and has been
deemed appropriate through an extensive public process. The request to
rezone this parcel to Housing District will have no negative effect on the
items identified in this criterion. The acquisition of the Wendy's Site
allows for a transition buffer from residential uses and the proposed new
fire station.
Staff believes the proposal complies with this criterion.
3. The extent to which the zone district amendment presents a
harmonious, convenient, workable relationship among land uses
consistent with municipal development objectives; and
The proposed rezoning will allow for development of the intended
property uses. Residential development of the Chamonix Property is
consistent with the adjacent residential uses and has been deemed
appropriate through an extensive public process. The request to rezone
this parcel to Housing District will have no negative effect on the items
identified in this criterion.
Staff believes the proposal complies with this criterion.
4. The extent to which the zone district amendment provides for the
growth of an orderly viable community and does not constitute spot
zoning as the amendment serves the best interests of the
community as a whole; and
The requested rezoning of the Chamonix Property does not constitute
spot zoning as the adjacent uses to the North and West are zoned for
residential development. This rezoning serves the best interest of the
community by providing additional sites for the development of deed
restricted employee housing. Furthermore it creates a transitional zone
between the existing structures to the north of the property and the
proposed fire station and existing gas station property.
Staff believes the proposal complies with this criterion.
5. The extent to which the zone district amendment results in adverse
or beneficial impacts on the natural environment, including but not
limited to water quality, air quality, noise, vegetation, riparian
corridors, hillsides and other desirable natural features; and
The proposed rezoning does not have any adverse effects on the items
identified in the above criterion.
Staff believes the proposal complies with this criterion.
6. The extent to which the zone district amendment is consistent with
the purpose statement of the proposed zone district.
The Housing (H) District is proposed for the subject property. The
proposed zone district is consistent with the intended purpose of that
zone district. The purpose of the Housing District is found under
Criterion 1.
Staff believes the proposal complies with this criterion.
7. The extent to which the zone district amendment demonstrates how
conditions have changed since the zoning designation of the
subject property was adopted and is no longer appropriate.
The requested zoning is appropriate for the Chamonix Property. Since
the parcel was annexed into the Town of Vail and zoned
Primary/Secondary District the ability of the Town to provide affordable
employee housing has dramatically decreased. In recognition of this
challenge the Town created the Housing District specifically to cause the
development of deed restricted employee housing.
Staff believes the proposal complies with this criterion.
8. Such other factors and criteria as the Commission and/or Council
deem applicable to the proposed rezoning.
IX. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forwards a recommendation of approval of a request
for a final recommendation to the Vail Town Council to rezone Parcel B, re-
subdivision of Tract D, Vail Das Schone Filing 1 from Primary/Secondary (P/S) to
• Housing (H) District, located at 2310 Chamonix Road and setting forth details in
regard thereto.
Staff's recommendation is based upon the review of the criteria outlined in Section
VIII of this memorandum and the evidence and testimony presented, subject to the
following findings:
"Before recommending and/or granting an approval of an application for a
zone district boundary amendment the Planning & 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 adopted goals, objectives
and policies outlined in the Vail Comprehensive Plan and compatible
with the development objectives of the Town; and
2. That the amendment is compatible with and suitable to adjacent uses
and appropriate for the surrounding areas; 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. "
X. ATTACHMENTS
A. Existing Zoning
B. Proposed Zoning
C. Public Notice
10
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•
Attachment: C
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 27, 2008,
at 1:00 pm in the Town of Vail Municipal Building, in consideration of:
A request for a final recommendation to the Vail Town Council, for a proposed change to the official
zoning map, pursuant to section 12-5-3, changes, Vail Town Code, to allow for a rezoning
Commercial Core 3 to General Use District, located at 2399 North Frontage Road/Parcel A, re-
subdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto.
(PEC080059)
Applicant: Town of Vail
Planner: Warren Campbell
A request for a final recommendation to the Vail Town Council, for a proposed change to the official
zoning map, pursuant to section 12-5-3, changes, Vail Town Code, to allow for a rezoning Two-
Family Primary/Secondary District to Housing District, located at 2310 Chamonix Road/Parcel B, re-
subdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto.
(PEC080057)
Applicant: Town of Vail
Planner: Warren Campbell
A request for final recommendations to the Vail Town Council, for the proposed adoption of the
Chamonix Master Plan, to facilitate the development of Employee Housing and a Fire Station on the
"Chamonix Parcel" and "Wendy's Parcel" and a final recommendation to the Vail Town Council to
amend the Vail Land Use Plan, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan to
designate the Chamonix Master Plan area, located at 2399 North Frontage Road and 2310
Chamonix Road/Parcels A & B, re-subdivision of Tract D, Vail Das Schone Filing 1, and setting forth
details in regard thereto. (PEC080058)
Applicant: Town of Vail
Planner: Warren Campbell
The applications and information about the proposals are available for public inspection during office
hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call 970-479-2138 for additional
information.
Sign language interpretation is available upon request, with 24-hour notification. Please call 970-
479-2356, Telephone for the Hearing Impaired, for information.
Published October 10, 2008, in the Vail Daily.
13
. •
~f
Rezoning
Application for Review by the
Planning and Environmental Commission
~ Department of Community Development
~~` ` 75 South Frontage Road, Vail, Colorado 81657
te1:970.479.2128 fax: 970.479.2452
web: www.vailgov.com
General Information:
All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a
building permit application. Please refer to the submittal requirements for the particular approval that is requested.
An application for Planning and Environmental Commission review cannot be accepted until all required information
is received by the Community Development Department. The project may also need to be reviewed by the Town
Council and/or the Design Review Board.
Type of Application and Fee:
Rezoning $1300 ^ Conditional Use Permit $650
^ Major Subdivision $1500 ^ Floodplain Modification $400
^ Minor Subdivision $650 ^ Minor Exterior Alteration $650
^ Exemption Plat $650 ^ Major Exterior Alteration $800
^ Minor Amendment to an SDD $1000 ^ Development Plan $1500
^ New Special Development District $6000 ^ Amendment to a Development Plan $250
^ Major Amendment to an SDD $6000 ^ Zoning Code Amendment $1300
^ Major Amendment to an SDD $1250 ^ Variance $500
(no exterior modifications) ^ Sign Variance $200
he Request: ~ ~~~W
cription oft
Des ' ~ ` ~ ~ ~ ~ ~ `
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Location of the Proposal: I.~` ~Bl~k: Subdivision: ~ # ; ~, a ~~ ? r ~'~ ~ „~~.--
Physical Address: .
,~ ' ~~'
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Parcel No.: ~` `
(Contact Eagle Co. Assessor at 970-328-8640 fo
r parcel no.)
Zoning: ~ ~ ~ ~'~ ~'
Name(s) of Owner(s): _~ ' _
Mailing Address
-,,
Phone:
Owner(s) Signature(s):
Name of Applicant:
Mailing Address: °~ ~°`~ ~~~ G, ° 3
Phone:
E-mail Address:
For Office Us nly:
Fee Paid: Ch ~k No.: BY:
Meeting Date: L PEC No.:
Planner: Project No • y
F:\cdev\FORMS\Permits\Planning\PEC\rezoning.doc Page 1 of 4 1/4/06