Loading...
HomeMy WebLinkAboutPEC110058 Ordinance No. 27 first reading_122011 Town of Vail TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 12, 2011 SUBJECT: A request for a final recommendation to the Vail Town Council for a major amendment to Special Development District No. 22, Grand Traverse, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow the employee housing requirements of the special development district to be met off- site through the provisions of Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code; located at 1402 through 1428 Moraine Drive and 1450, 1500, 1550, 1600, 1650, 1700, 1750, 1800, and 1850 Lions Ridge Loop/ Lots 1 through 24, Dauphinais-Moseley Subdivision Filing 1, and setting forth details in regard thereto. (PEC110058) Applicant: William and Pamela Bailey, represented by Mauriello Planning Group Planner: Bill Gibson I. SUMMARY The applicants, William and Pamela Bailey, own a home with an attached employee housing unit in the Dauphinais-Moseley Subdivision which is zoned Special Development District No. 22, Grand Traverse. The applicants are requesting to discontinue renting the existing employee housing unit, removing the associated employee housing deed restriction from their property by transferring it to an existing, non-deed restricted property elsewhere in Vail, and then integrating the former employee housing unit floor area into their home. The applicants are requesting these actions in compliance with the Town’s adopted Employee Housing Unit Deed Restriction Exchange Program regulations. However, Special Development District No. 22, Grand Traverse, require that “The developer shall build a minimum of six employee dwelling units within the subdivision” The employee housing unit attached to the Bailey’s home is one of the six existing employee housing units built in the subdivision as required by the special development district (SDD). The applicants can not remove the employee housing unit or transfer the associated deed restriction from their property, as permitted by the Town’s adopted Employee Housing Unit Deed Restriction Exchange Program, without first amending the SDD requirement that the six employee housing units be built within the Dauphinais- Moseley Subdivision. 8 - 3 - 1 12/20/2011 Town of Vail Page 2 At this time, the six required employee housing units have been built within the special development district at: x Lot 1, 1402 Moraine Drive x Lot 5, 1410 Moraine Drive x Lot 10, 1420 Moraine Drive x Lot 13, 1426 Moraine Drive x Lot 18, 1700 Lions Ridge Loop x Lot 24, 1403 Moraine Drive The applicants are requesting the review of a major amendment to Special Development District No. 22, Grand Traverse, to allow the employee housing requirements of the special development district to be met off-site through the provisions of Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. Based upon Staff’s review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with modifications, to the Vail Town Council for this application, subject to the findings noted in Section VIII of this memorandum. Attached for review is a vicinity map (Attachment A), the applicant’s request (Attachment B), and Ordinance No. 25, Series of 2005 (Attachment C) which is the most recent ordinance version of the special development district. II. DESCRIPTION OF REQUEST The applicants, William and Pamela Bailey, are requesting to amend Special Development District No. 22, Grand Traverse, Section 5, Conditions of Approval, Sub- section C, as follows (Attachment B) (text to be added is indicated in bold italics and text to be removed is indicated in strike through italics): “The development of Special Development District No. 22 will have impacts on the available employee housing within the Upper Eagle Valley Area. In order to help meet this additional employee housing need, the developer of Special Development District No. 22 shall provide employee housing on site. The following restrictions shall apply to all employee dwelling units within SDD No. 22: 1. The developer shall build a minimum of six employee dwelling units within the subdivision. Each employee dwelling unit shall have a minimum square footage of 400 square feet not to exceed 800 square feet and is allowed to have a kitchen. The square footage of an employee housing unit shall be measured from the inside face of the walls creating the unit (i.e., not including furring, Sheetrock, plaster, and other similar wall finishes). The number of employee 8 - 3 - 2 12/20/2011 Town of Vail Page 3 units shall not be counted toward allowable density for Special Development District No. 22. The developer may choose to transfer up to 300 sq. ft. from the primary unit to the employee unit. The developer may provide up to 23 employee dwelling units including the 6 required dwelling units if so desired. 2. The employee dwelling units may be located on any of the lots within the subdivision providing all the development standards are met for each lot. Only one employee dwelling unit shall be allowed per lot with a maximum of 23 units allowed. An employee dwelling shall be incorporated into the structure of the primary residence and shall not be allowed to be separated from the primary unit. Each employee dwelling unit shall have at least one enclosed garage parking space. This parking space shall not be detached from the single-family garage or structure. Each phase of construction shall include a minimum of one employee dwelling unit until six employee dwelling units are constructed and available for rental. 3. The Employee Housing Unit shall be leased to tenants who are full-time employees who work in Eagle County. An EHU shall not be leased for a period less than thirty consecutive days. For the purposes of this section, a full-time employee is one who works an average of thirty hours each week. 4. An EHU may not be sold, transferred, or conveyed separately from any single- family dwelling it may be a part of. 5. The EHU shall not be divided into any form of timeshares, interval ownership, or fractional fee ownership as those terms are defined in the Municipal Code of the Town of Vail. 6. No later than February 1 of each year, the owner of each employee housing unit within the town which is constructed following the effective date of this chapter shall submit two copies of a report on a form to be obtained from the Community Development Department, to the Community Development Department of the Town of Vail and Chairman of the Town of Vail Housing Authority setting forth evidence establishing that the employee housing unit has been rented throughout the year, the rental rate, the employer, and that each tenant who resides within the employee housing unit is a full-time employee in Eagle County. 7. The owner of each EHU shall rent the unit at a monthly rental rate consistent with or lower than those market rates prevalent for similar properties in the Town of Vail. 8. The Town of Vail Housing Authority will determine the market rate based on the study of other units of comparable size, location, quality and amenities throughout the Town. The market rate shall be based on an average of a minimum of five rental rates of comparable units. If the unit is not rented and is 8 - 3 - 3 12/20/2011 Town of Vail Page 4 not available at the market rate it shall be determined to be in noncompliance. In addition to any other penalties and restrictions provided herein, a unit found to be in noncompliance shall be subject to publication as determined by the Housing Authority. 9. The provisions of these restrictive covenants may be enforced by the Owner and the Town. 10. The conditions, restrictions, stipulations, and agreements contained herein shall not be waived, abandoned, terminated, or amended except by the written consent of both the Town of Vail and the Owner of the property. 11. Existing deed-restricted employee housing units in Special Development District No. 22 may be exchanged Employee Housing Deed Restriction Exchange Program, as adopted by Ordinance No. 10, Series of 2011, and as codified in 12-13-5: Employee Housing Unit Deed Restriction Exchange Program.” Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for this application, the Community Development Department recommends modifications to the proposed amendments. These modifications are intended to clarify the intent of the applicants’ request. The proposed modifications are also intended to “clean-up” the existing unclear, outdated, and inconsistent provisions of the SDD language (text to be added is indicated in bold italics and text to be removed is indicated in strike through italics): SECTION 1. AMENDMENT PROCEDURES FULFILLED, PLANNING AND ENVIRONMENTAL COMMISSION REPORT The approval procedure prescribed in Section 12-9A-10, Amendment Procedures, Title 12, Chapter 9, Section 10(B) of the Vail Town Code have been fulfilled, and the Vail Town Council has received the report of the Planning and Environmental Commission recommending approval, of the proposed development plan for Special Development District No. 22. SECTION 2. SPECIAL DEVELOPMENT DISTRICT NO. 22 Special Development District No. 22 (SDD 22) and the development plan therefore, are hereby approved for the development of Lots 1 through 19, Block 2, Lionsridge Subdivision Filing 3 within the Town of Vail consisting of 10.69 acres. SECTION 3. PURPOSE Special Development District No. 22 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail. The development is regarded as complementary 8 - 3 - 4 12/20/2011 Town of Vail Page 5 to the Town by the Town Council and meets each of the design standards and criteria as set forth in Section 12-9A-8 of the Vail Town Code. There are significant aspects of Special Development District No. 22 that are difficult to satisfy through the imposition of the standards of the underlying Two-Family Primary/Secondary Residential Zone District. Special Development District No. 22 allows for greater flexibility in the development of the land than would be possible under the current zoning of the property. The smaller single-family lots provide the opportunity for a common open space for the subdivision as well as the means to preserve the southerly ridge line of the property. Special Development District No. 22 provides an appropriate development plan to preserve the visual quality of the site from within the subdivision as well as adjacent properties in the community in general. SECTION 4. DEVELOPMENT PLAN A. The development plan for SDD 22 is approved and shall constitute the plan for development within the Special Development District. The development plan is comprised of those plans submitted by Dauphinais-Moseley Construction and consists of the following documents: 1. Site development plan, Lionsridge Resubdivision of Lots 1-19, Vail, Colorado, Intermountain Engineering, dated July 7, 1998. 2. Conceptual landscape plan, Intermountain Engineering, dated July 7, 1998. 3. Final Plat of Lionsridge Subdivision Filing No. 5, A Resubdivision of Lots 1-19, Block 2, Lionsridge Subdivision Filing No. 3, Town of Vail, County of Eagle, State of Colorado, sheets 1 and 2, Intermountain Engineering Limited, dated April 19, 1989, Amended Final Plat of Dauphinais-Moseley Subdivision Filing No. 1, A Resubdivision of Lots 5, 6, 7, 8, 9 7 10, Town of Vail, County of Eagle, State of Colorado, Intermountain Engineering, dated July 21, 1998, and Amended Final Plat: A Resubdivision of Lot 5, Amended Final Plat: Dauphinais-Moseley Subdivision Filing 1: A Resubdivision of Lots 5, 6, 7, 8, 9, and 10, Town of Vail, County of Eagle, State of Colorado, Intermountain Engineering, dated February 3, 2006. 4. Construction, grading and drainage drawings for a resubdivision of Lots 1-19, Block 2, and Lionsridge Lane, Lionsridge Subdivision Filing No. 3, Town of Vail, Eagle County, Colorado, Intermountain Engineering Limited, sheets 1-8, dated March 9, 1989. 5. Soils and Foundation Investigation for Lots 1-24, Lionsridge 5th Filing. 8 - 3 - 5 12/20/2011 Town of Vail Page 6 6. Lionsridge Color Palette, Arnold/Gwathmey/Pratt Architects, March 1990. 7. The subdivision plat for Dauphinais-Moseley Subdivision recorded August 23, 1990, July 21, 1998, and February 3, 2006. B. The development standards shall be as follows: 1. Acreage: The total acreage area of this site is 10.69 acres or 465,650 square feet. 2. Permitted Uses: The following uses shall be permitted uses for in SDD 22 shall be: a. Single-family residential dwellings. b. Open space. c. Public roads. d. Employee dwelling housing units as defined in Section 5, paragraph G further regulated by Subsection 5D of this ordinance and Chapter 12-13, Employee Housing, Vail Town Code. 3. Conditional Uses: The following conditional uses shall be permitted in SDD 22, subject to the issuance of a conditional use permit in accordance with Chapter 12-16, Conditional Uses, Vail Town Code: a. Public utility and public service uses. b. Public buildings, grounds and facilities. c. Public or and private schools. d. Public park and recreation facilities. 4. Accessory Uses: The following accessory uses shall be permitted in SDD 22: a. Private greenhouses, toolsheds, playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single-family residential uses. b. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12, Home Occupations, of the Vail Town Code. c. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 8 - 3 - 6 12/20/2011 Town of Vail Page 7 5. Setbacks: Minimum setbacks shall be as indicated on the approved site development plan by Intermountain Engineering, dated July 7, 1998. A 4- foot roof overhang shall be allowed in the front setback for Lots 15-19, provided the rear setback is increased by 4 feet. A 4-foot roof overhang shall be allowed in the rear setback of Lots 20-24, provided the front setback is increased by 4 feet. Roof overhangs shall be allowed to encroach up to 2 feet into the required side setback of 10 feet for each lot. An unenclosed, unroofed, deck or patio within 5 feet of finished grade may encroach into the rear setback by 5 feet for Lots 1-14 and Lots 20-24. No other setback encroachments shall be allowed. 6. Density: Approval of this development plan shall permit a total of 23 single-family dwelling units on the entire property. A minimum of 6 employee dwelling units shall be required. A maximum of 23 employee dwelling housing units shall be permitted on the entire property. 7. Building Height: For a sloping roof, the height of the building shall not exceed 33 feet. The height calculation shall be made by measuring from the existing grade as indicated on the Intermountain Engineering Topographical Survey dated March 13, 1990 or finished grade. Height shall be calculated per Section 12-2-2 of the Vail Town Code pursuant to Section 12-2-2, Definitions, Vail Town Code. 8. Site Coverage: Not more than 25 percent of the total site area on each lot shall be covered by buildings. "Site coverage" shall mean the ratio of the total building area on a site to the total area of a site, expressed as a percentage. For the purpose of calculating site coverage, "building area" shall mean the total horizontal area of any building as measured from the exterior face of perimeter building walls or supporting columns above grade or at ground level, whichever is the greater area. Building area shall include all buildings, carports, porte cocheres, arcades, and covered or roofed walkways. In addition to the above, building area shall also include any portion of roof overhang, eave, or covered stair, covered deck, covered porch, covered terrace or covered patio that extends more than four feet from the exterior face of perimeter building walls or supporting columns be calculated pursuant to Section 12-2-2, Definitions, Vail Town Code. 9. Parking: Parking shall be as required in Title 12, Chapter 10 of the provided pursuant to Chapter 12-10, Off Street Parking and Loading, Vail Town Code. Each employee dwelling housing unit within SDD 22 shall be required to have at least one enclosed garage parking space. 10. Design Guidelines: The development of each lot shall be guided by the architectural and landscape design guidelines as approved as part of the Special Development District No. 22. The guidelines are as follows: 8 - 3 - 7 12/20/2011 Town of Vail Page 8 a. Architectural. The architectural design of the buildings upon the site shall be such that buildings relate harmoniously to each other. This is not to imply that each building must look exactly similar to those around it, but that compatibility be achieved through the use of scale, materials and colors, and building shape and form. The overriding concern is that, upon completion, the Special Development District, because of the clustered nature of the small single-family lots situated around common open space, should appear to be an integrated development possessing a common architectural quality, character, and appearance. To this end the following general design criteria shall be followed by the developer and individual lot owners: b. Color. A palette of colors shall be as set forth in the Lionsridge Color Palette from Arnold/Gwathmey/Pratt dated March 1990. Colors are indicated for the use on different types of building materials and elements such as stucco colors, siding colors, metal flashing, windows, accent colors, etc. The palette of colors indicates a range of acceptable colors in order to encourage similarity on one hand, but also diversity within the acceptable range. c. Building Standards and Materials. The following building standards and materials shall be adhered to: (1) Roof. The roof pitch shall be a minimum 8/12 and a maximum of 12/12. A gable, clipped gable or hipped roof shall be mandatory. Dormers shall be allowed and reviewed by the Design Review Board. The roofing material shall be synthetic wood shingles with staggered butts. (2) Chimneys. The chimneys shall be stucco with chimney caps of weathered copper. (3) Flues. All flues shall be galvanized or painted sheet metal, painted to match the roof. (4) Main Fascia. The main fascia shall be a solid color stain, with brown, taupe, or gray. (5) Secondary Fascia and Metal Railings above the First Floor. The secondary fascia and metal railings above the first floor shall be a muted accent trim color to be reviewed by the DRB. 8 - 3 - 8 12/20/2011 Town of Vail Page 9 (6) Walls. Walls shall be of stucco and horizontal or vertical wood siding. Stucco colors shall be gray, beige or off-white. Wood siding colors shall be gray, brown or taupe. (7) Stone. Residences will shall have a minimum of a two foot high stone wainscot in rainbow mix with a sandstone cap around the perimeter of the structure, except under decks where substantially concealed by landscaping. (8) Windows. Windows located within stucco areas shall have a minimum of two inches of relief from the outside wall plane and have a sandstone sill. (9) Outdoor Lighting, Outdoor lighting shall be indirect with a concealed source except for an entry chandelier, two carriage lights and one pilaster light which may be exposed globes with a fixture of black or weathered copper look metal. The maximum number of outdoor lights permitted on each lot shall be 15, as calculated pursuant to Section 14- 10-7, Outdoor Lighting, Vail Town Code, regardless of lot size. Outdoor lights as which conform with Ordinance #22, Series of 1997, shall be exempt. All exterior lighting shall be reviewed by the DRB. (10) Garages. No garage doors shall directly face the street, except on Lot 24 and Lot 14. (11) A residential address/nameplate, if desired by the owner, shall be located on the side of the garage facing the access point to the lot. (12) When the individual landscape plans are designed for individual lots, special care shall be taken in the design of side yard landscaping in order to provide adequate screening between structures. 11. Recreational Amenities Tax: The recreation amenities tax shall be assessed at the rate for a Single-Family Residential Zone District. SECTION 5. CONDITIONS OF APPROVAL A. The major amendment to Special Development District No. 22, Grand Traverse, shall not be effective until the major subdivision is recorded by the Town of Vail at the Eagle County Clerk and Recorder’s Office. 8 - 3 - 9 12/20/2011 Town of Vail Page 10 B. The major subdivision shall be recorded at the Eagle County Clerk and Recorder’s Office prior to a building permit being released for any construction on Lots 2, 5, 7, 9 or 10. C. The development of Special Development District No. 22 will have impacts on the available employee housing within the Upper Eagle Valley Area. In order to help meet this additional employee housing need, the developer of Special Development District No. 22 shall provide a minimum of 6 deed-restricted employee housing on site units. These required employee housing units may be located within SDD 22, off-site, or a combination thereof. Any required employee housing units located within SDD 22 shall be subject to the restrictions outlined in Subsection 5D of this ordinance. Any required employee housing units located off-site shall be subject to the provisions of Chapter 12-13, Employee Housing, Vail Town Code. The required employee housing units, both on-site and off-site, shall be eligible for exchange in accordance with the procedures outlined in Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. D. The following restrictions shall apply to all employee dwelling housing units, required and non-required, within SDD No. 22: 1. The developer shall build a minimum of six employee dwelling units within the subdivision. Each employee dwelling housing unit shall have a minimum square footage of 400 square feet not to exceed 800 square feet and is allowed to shall have a kitchen or kitchenette. The square footage of an employee housing unit shall be measured from the inside face of the walls creating the unit (i.e., not including furring, sheetrock, plaster, and other similar wall finishes). The number of employee units shall not be counted toward allowable density for Special Development District No. 22. The developer may choose to transfer up to 300 sq. ft. from the primary unit to the employee unit. The developer may provide up to 23 employee dwelling units including the 6 required dwelling units, if so desired. 2. The employee dwelling housing units may be located on any of the lots within the subdivision providing all the development standards are met for each lot. Only one employee dwelling housing unit shall be allowed per lot with a maximum of 23 employee housing units allowed. An Each employee dwelling housing unit shall be incorporated into the structure of the primary residence single-family dwelling and shall not be allowed to be separated from the primary unit single-family dwelling. Each employee dwelling housing unit shall have at least one enclosed garage parking space. This parking space shall not be detached from the single- family garage or structure. Each phase of construction shall include a 8 - 3 - 10 12/20/2011 Town of Vail Page 11 minimum of one employee dwelling unit until six employee dwelling units are constructed and available for rental. 3. The employee housing unit shall be leased to full-time employees who work in Eagle County. An EHU The employee housing unit shall not be leased for a period less than thirty consecutive days. For the purposes of this section, a full-time employee is one who works an average of thirty hours each week. 4. An EHU The employee housing unit may not be sold, transferred, or conveyed separately from any the single-family dwelling it may be is a part of. 5. The EHU employee housing unit shall not be divided into any form of timeshares, interval ownership, or fractional fee ownership as those terms are defined in the Municipal Code of the Town of Vail Town Code. 6. No later than February 1 of each year, the owner of each employee housing unit within SDD 22 the town which is constructed following the effective date of this chapter shall submit two copies of a report on a form to be obtained from the Community Development Department, to the Community Development Department of the Town of Vail and Chairman of the Town of Vail Housing Authority setting forth a sworn affidavit on a form provided by the Town of Vail to the Community Development Department containing the following information: evidence establishing that the employee housing unit has been rented throughout the year by an employee, the rental rate, the employer, and evidence to demonstrate that each at least one tenant who resides within the employee housing unit is a full-time employee in Eagle County. 7. The owner of each EHU shall rent the unit at a monthly rental rate consistent with or lower than those market rates prevalent for similar properties in the Town of Vail. 8. The Town of Vail Housing Authority will determine the market rate based on the study of other units of comparable size, location, quality and amenities throughout the Town. The market rate shall be based on an average of a minimum of five rental rates of comparable units. If the unit is not rented and is not available at the market rate it shall be determined to be in noncompliance. In addition to any other penalties and restrictions provided herein, a unit found to be in noncompliance shall be subject to publication as determined by the Housing Authority. 7. All employee housing units within SDD 22 shall be eligible for exchange in accordance with the procedures outlined in Section 12- 8 - 3 - 11 12/20/2011 Town of Vail Page 12 13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. 8. 9. The provisions of these restrictive covenants restrictions may be enforced by the Owner and the Town. The provisions of these restrictions may also be enforced by the Town of Vail in accordance with Chapter 12-3, Administration and Enforcement, Vail Town Code. 9. 10. The conditions, restrictions, stipulations, and agreements contained herein shall not be waived, abandoned, terminated, or amended except by the written consent of both the Town of Vail and the Owner of the property. E. D. The architectural and landscape design guidelines shall be incorporated into the subdivision covenants before the final plat is recorded at the Eagle County Clerk and Recorder's Office. The Town Of Vail shall be party to these agreements. SECTION 6. AMENDMENTS Amendments to Special Development District No. 22 shall follow the procedures contained in Section 18.40.100 of the Vail Municipal Code prescribed in Section 12-9A-10, Amendment Procedures, Vail Town Code. SECTION 7. EXPIRATION The applicant must begin construction of the Special Development District within 3 years from the time of its final approval, and continue diligently toward completion of the project. If the applicant does not begin and diligently work toward the completion of the Special Development District or any stage of the Special Development District within the time limits imposed by the preceding subsection, the Town of Vail Planning and Environmental Commission shall review the Special Development District. They shall recommend to the Vail Town Council that either the approval of the Special Development District be extended, that the approval of the Special Development District be revoked, or that the Special Development District be amended. III. BACKGROUND The subject property was annexed into the Town of Vail, along with other properties in the vicinity, on August 15, 1979, by Ordinance No. 29, Series of 1979. On August 29, 1979, the Vail Town Council adopted a final plat which in part subdivided the subject property as Lots 1-19, Block B, Lion’s Ridge Subdivision Filing 3. 8 - 3 - 12 12/20/2011 Town of Vail Page 13 On August 16, 1988, the Vail Town Council adopted Ordinance No. 23, Series of 1988, to establish Special Development District No. 22. The stated purpose of this district was in part: “there are significant aspects of Special Development 22 which are difficult to satisfy through the imposition of the standards of the Primary/Secondary zone district. SDD 22 allows for greater flexibility in the development of the land than would be possible under the current zoning of the property. The smaller single family lots provide the opportunity for a common open space for the subdivision as well as to preserve the southerly ridge line of the property. SDD 22 provides an appropriate development plan to preserve the visual quality of the site from within the subdivision as well as adjacent properties and the community in general.” On April 17, 1990, the Vail Town Council adopted Ordinance No. 13, Series of 1990, amending Special Development District No. 22 concerning lot size and corresponding gross residential floor area (GRFA), curb cuts, employee dwelling units, and architectural guidelines. In part, Section 5 of this ordinance includes the condition of approval that: “G. The development of Special Development District No 22 will have impacts on the available employee housing within the Upper Eagle Valley Area. In order to help meet this additional employee housing need, the developer of Special Development No. 22 shall provide employee housing on site. The following restrictions shall apply to all employee housing units within SDD No. 22: The developer shall build a minimum of six employee dwelling units within the subdivision” On May 14, 1990, the Town of Vail Planning and Environmental Commission approved the re-subdivision of the subject property as the Dauphinais-Moseley Subdivision Filing 1. This plat includes notes that: “The Development Standards for this final plat entitled which include the total acreage of this resubdivision, permitted uses, conditional uses, accessory uses, maximum GRFA for Lots 1 through 24 inclusive, setbacks, density, building height, site coverage, parking, and other design guidelines shall be set forth in Ordinance No. 13, Series of 1990 entitled ” The provisions of Special Development District No. 22, Grand Traverse, were subsequently amended as follows: x Ordinance No. 9, Series of 1998, concerning lot sizes, number of lots and corresponding development standards, and architecture guidelines. 8 - 3 - 13 12/20/2011 Town of Vail Page 14 x Ordinance No. 10, Series of 1991, concerning lot size and corresponding GRFA and employee dwelling units and architectural guidelines. x Ordinance No. 32, Series of 1991, providing typographical and wording corrections. x Ordinance No. 25, Series of 2005 (Attachment C), concerning the elimination of GRFA limitations within the district and the number of lots. x January 21, 2008, Staff approved minor amendment modifying the allowable roofing types (i.e. prohibiting wood shakes). On January 6, 2009, the Vail Town Council adopted Ordinance No. 31, Series of 2008, to establish an employee housing deed-restriction exchange program. The stated purpose of these new regulations was as follows: “The purpose of this Section is to provide occupied livable, affordable employee housing units within the Town of Vail through the establishment of an employee housing unit deed restriction exchange program. The exchange program allows for the release of a deed restriction from an existing employee housing unit in exchange for the conveyance of a free market dwelling unit to the Town of Vail to be deed restricted.” On June 21, 2011, the Vail Town Council amended the employee housing deed- restriction exchange program through the adoption of Ordinance No. 10, Series of 2011. The purpose of the exchange program regulations was amended to read as follows: “The purpose of this Section is to provide occupied livable, affordable employee housing units within the Town of Vail through the establishment of an employee housing unit deed restriction exchange program. The exchange program allows the Town Council to release a deed restriction from an existing employee housing unit in exchange for the placement of an employee housing deed restriction on another dwelling unit and/ or a fee-in-lieu payment made to the Town of Vail.” On September 26, 2011, the Planning and Environmental Commission reviewed a similar application for a major amendment to Special Development District No. 29, The Valley Phase II. The Commission forwarded a recommendation of approval to the Vail Town Council to allow the on-site employee housing requirements of The Valley Phase II to be met off-site through the employee housing unit deed restriction exchange program. On October 18, 2011, the Vail Town Council adopted Ordinance No. 19, Series of 2011, an ordinance repealing and reenacting Special Development District NO. 29, The Valley Phase II, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the exchange of the on-site employee housing unit (EHU) requirement in 8 - 3 - 14 12/20/2011 Town of Vail Page 15 accordance with the provisions of section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. IV. APPLICABLE PLANNING DOCUMENTS Staff believes that the following are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS, VAIL TOWN CODE ARTICLE A. SPECIAL DEVELOPMENT (SDD) DISTRICT (in part) 12-9A-1: PURPOSE AND APPLICABILITY: A. Purpose: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. 12-9A-2: DEFINITIONS: MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEW): Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this section), except as provided under section 12-15-4, "Interior Conversions", or 12- 15-5, "Additional Gross Residential Floor Area (250 Ordinance)", of this title. 12-13-5: EMPLOYEE HOUSING UNIT DEED RESTRICTION EXCHANGE PROGRAM: A. Purpose: The purpose of this Section is to provide occupied livable, affordable employee housing units within the Town of Vail through the establishment of an employee housing unit deed restriction exchange program. The exchange program allows the Town Council to release a deed restriction from an existing employee housing unit in exchange for the placement of an employee housing deed restriction on another dwelling unit and/ or a fee-in-lieu payment made to the Town of Vail. B. Applicability: The program established under this section applies to existing employee housing units. This shall not apply to any existing employee housing 8 - 3 - 15 12/20/2011 Town of Vail Page 16 unit that is already price appreciation capped or any employee housing unit established to meet the on site employee mitigation requirements of chapter 23, "Commercial Linkage", or chapter 24, "Inclusionary Zoning", of this title or as part of an approved development plan. C. Definitions: For the purpose of this section: COMMERCIAL JOB CORE: Those areas located south of Interstate 70, east of the intersection of Forest Road and South Frontage Road, north of Vail Mountain, and west of the town of Vail soccer fields on Vail Valley Road, as further defined by exhibit A of this section. Exchange EHU: The existing non-price appreciation capped employee housing unit or other unit with an employee housing deed restriction that is being proposed to have the deed restriction released as part of this program. Proposed EHU: The existing dwelling unit that is being proposed to receive an employee housing deed restriction as part of this program. D. General Requirements: The Town Council may approve the removal of an employee housing deed restriction from an existing employee housing unit in exchange for the placement of an employee housing deed restriction on to another dwelling unit, and/or the payment of a fee-in-lieu. 1. Exchange EHU requirements: a. The exchange EHU shall not be part of any employee housing project developed or deed-restricted (in part or in whole) by the Town of Vail. b. The exchange EHU shall not be part of any on-site employee housing mitigation required by inclusionary zoning, commercial linkage, or as part of an approved development plan. c. The property that includes the exchange EHU shall comply with the prescribed development standards (density controls including GRFA and number of units, site coverage, landscaping and parking requirements, etc.), as outlined in the applicable zone district section of Title 12, Zoning Regulations, Vail Town Code, upon exchange of the deed restrictions. 2. Proposed EHU requirements: a. The proposed EHU(s) shall be located within the Town of Vail. b. The proposed EHU(s) shall be within a homeowners association that does not preclude deed restricted units, does not have a right of first refusal, does not have right to approve the sale or the sale contract, or 8 - 3 - 16 12/20/2011 Town of Vail Page 17 have any other requirements deemed to be similarly restrictive by the Administrator. c. The proposed EHU shall comply with the minimum size requirements shown in Table 13-2. TABLE 13-2: MINIMUM SIZE OF PROPOSED EHUs Type Of Unit Minimum Size (GRFA) Studio 438 square feet 1 bedroom 613 square feet 2 bedroom 788 square feet 3+ bedrooms 1,225 square feet d. The proposed EHU shall contain a kitchen facility or kitchenette and a bathroom. e. The property on which the proposed EHU is located shall comply with Chapter 12-10, Off-Street Parking and Loading, Vail Town Code. f. The proposed EHU shall have its own entrance. There shall be no interior access from the proposed EHU to any dwelling unit to which it may be attached. 3. Exchange Rate for Proposed EHUs: a. If the exchange EHU(s) is within the commercial job core and the proposed EHU(s) is also within the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of two (2) times the gross residential floor area (GRFA) of the exchange EHU. b. If the exchange EHU is within the commercial job core and the proposed EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of three (3) times the gross residential floor area (GRFA) of the exchange EHU. c. If the exchange EHU is outside of the commercial job core and the proposed EHU(s) is inside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of one and one-half (1.5) times the gross residential floor area (GRFA) of the exchange EHU. d. If the exchange EHU is outside of the commercial job core and the proposed EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of two (2) times the gross residential floor area (GRFA) of the exchange EHU. 4. No Credit Given: If the gross residential floor area (GRFA) of the proposed EHU(s) is in excess of the minimum required gross residential floor area (GRFA) as set forth in Subsection D3 above, the additional gross residential floor area (GRFA) shall not be eligible for use as any 8 - 3 - 17 12/20/2011 Town of Vail Page 18 form of future credit or for the Commercial Linkage or Inclusionary Zoning employee housing mitigation banks established by Sections 12- 23-7 and 12-24-7, Vail Town Code. 5. Fee-In-Lieu: The applicant may elect to provide a fee-in-lieu payment to the Town of Vail for any portion of the required square footage not provided by a proposed EHU. The town shall only use monies collected from the fees in lieu to provide new employee housing. The applicant shall pay a fee-in-lieu equal to the following formulas: Existing EHU sqft x multiplier x inclusionary zoning fee=Fee-in-Lieu Payment a. If the exchange EHU was approved prior to July 22, 1994 and has a deed restriction that includes the language stating “if the unit is rented, it shall be rented only to tenants who are full time employees,” the formula for fee-in-lieu payment is: [the square footage of the exchange EHU as recorded on the deed restriction] x [the current rate for inclusionary zoning fee-in-lieu] x 1 b. If the exchange EHU was approved after July 22, 1994 and/or does not have a deed restriction that includes the language stating “if the unit is rented, it shall be rented only to tenants who are full time employees”, and If the exchange EHU is outside of the commercial job core, the formula for fee-in-lieu payment is: [the square footage of the exchange EHU as recorded on the deed restriction] x [the current rate for inclusionary zoning fee-in-lieu] x 2 c. If the exchange EHU was approved after July 22, 1994 and/or does not have a deed restriction that includes the language stating “if the unit is rented, it shall be rented only to tenants who are full time employees”, and is within the commercial job core, the formula for fee-in-lieu payment is: [the square footage of the exchange EHU as recorded on the deed restriction] x [the current rate for inclusionary zoning fee-in-lieu] x 3 F. Review Process: 1. Submittal Requirements: The administrator shall establish the submittal requirements for an employee housing deed restriction exchange application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the community development department. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed exchange. The administrator and/or the reviewing body may require the submission of additional materials if deemed necessary to properly evaluate the application. 2. Review Procedures: 8 - 3 - 18 12/20/2011 Town of Vail Page 19 a. Administrator Review: The administrator shall review the application for completeness and compliance with this section, and shall make a determination of completeness and compliance with this section within fourteen (14) days of application submittal. Should the administrator deem that the application is incomplete or not in compliance with this section, the administrator shall deny the application. Should the administrator deem the application is both complete and in compliance with this section, the administrator shall forward the application for review by the Vail local housing authority. b. Vail Local Housing Authority Review: The review of a proposed employee housing deed restriction exchange application shall be held by the Vail local housing authority at a regularly scheduled meeting. A report of the community development department staff's findings and recommendations shall be made at the formal hearing before the Vail local housing authority. Within twenty (20) days of the closing of a public hearing on a proposed amendment, the Vail local housing authority shall act on the application. The authority may recommend approval of the application as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purposes of this title, or may recommend denial of the application. The authority shall transmit its recommendation, together with a report on the public hearing and its deliberations and findings, to the town council. c. Town Council Review: Upon receipt of the report and recommendation of the authority, the town council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on the application, the town council shall act on the application. The town council shall consider but shall not be bound by the recommendation of the Vail local housing authority. The town council may approve, either in accordance with the recommendation of the Vail local housing authority or in modified form, or the council may deny the application. 3. Criteria and Findings: a. Criteria: Before acting on an Employee Housing Deed Restriction Exchange application, the Vail Local Housing Authority and Vail Town Council shall consider the following criteria with respect to the application: 1. The proximity and accessibility of the proposed EHU(s) to the Commercial Job Core and public transportation; and 2. The size of the proposed EHU(s) in relation to the minimum employee housing unit sizes established for Commercial Linkage mitigation in Section 12-23-3, Vail Town Code; and 3. The effect of any homeowners association dues or maintenance fees imposed upon the proposed EHU(s) on the affordability of the proposed unit for an employee; and 4. The correlation between any homeowners association fees imposed upon the proposed EHU(s) and the services and amenities provided by the homeowners association. 8 - 3 - 19 12/20/2011 Town of Vail Page 20 5. The extent to which the exchange is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 6. The extent to which the exchange presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and 7. The extent to which the exchange provides for the growth of an orderly viable community and serves the best interests of the community as a whole. TOWN OF VAIL EMPLOYEE HOUSING STRATEGIC PLAN OBJECTIVES F. Increase and maintain deed-restricted housing within the Town to encourage the efficient use of resources by placing employees closer to their place of work. It is understood there is a reduced need for personal automobiles and reduced transit costs when home and work are in close proximity to one another. Also, there may be changes in workforce demographics that result in opportunities to reduce parking associated with affordable housing in selected locations. To the extent these opportunities can be realized, without negative impacts on the overall community, they will be explored. EMPLOYEE HOUSING UNITS EXCHANGE PROGRAM The Town will conduct a review of the “dispersed housing units” that have been created under the density bonus provisions allowed by Town Code since 1982. It is estimated that 123 units were created under the existing program, typically ranging in size from 300 to 500 square feet. It is believed that many of these units are not being used to house employees as anticipated by the program. Although these units are covered by various types of deed restrictions, the requirements are not uniform and in many cases are not meeting the objective of providing long-term dispersed employee housing. The Town will evaluate the current program and will consider a “deed restriction exchange program” as a part of this overall effort. The program would likely permit, at the initiation of the landowner, the exchange of small rental units for a larger for-sale, price appreciation capped employee housing unit. Guidelines for the program will be developed. It is expected that these standards will address recommended size of units, location, homeowner’s fees and other aspects of the program. Such a program has been recently tried in Vail. It is believed that other dispersed employee units, not currently in use, could be leveraged into permanently restricted units by using this technique; it could represent an important element of this overall plan. The Units Exchange Program is to increase the quality and the 8 - 3 - 20 12/20/2011 Town of Vail Page 21 total quantity of employee housing within the Town of Vail. Achieves Objectives B, E, F, and G. V. SITE ANALYSIS Addresses: 1402 through 1428 Moraine Drive and 1450, 1500, 1550, 1600, 1650, 1700, 1750, 1800, and 1850 Lions Ridge Loop Legal Description: Lots 1 through 24, Dauphinais-Moseley Subdivision Filing 1 Zone District: Two-Family Primary/Secondary District (underlying) SDD No. 22, Grand Traverse Land Use Designation: Medium Density Residential Geologic Hazards: None VI. SURROUNDING LAND USES AND ZONING Existing Use Zoning District North: Residential Two-Family Primary/Secondary District West: Residential Two-Family Primary/Secondary District Lodge Public Accommodation 2 District East: Residential Low Density Multiple-Family District Residential Two-Family Primary/Secondary District South: I-70/Hwy. 6 n/a VII. REVIEW CRITERIA The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The six employee housing units required for Special Development District No. 22, Grand Traverse, have already been built in the Dauphinais-Moseley Subdivision and Staff finds the integration of that floor area into the associated primary residences will not affect the design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. 8 - 3 - 21 12/20/2011 Town of Vail Page 22 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Staff finds that allowing the removal of the on-site employee housing units will reduce the density of the subdivision which will continue to provide a compatible, efficient and workable relationship with surrounding uses and activity. The housing opportunities provided by these existing employee housing units will be continued in accordance with the Employee Housing Unit Deed Restriction Exchange Program regulations. 3. Parking and Loading: Compliance with parking and loading requirements as outlined in Chapter 12-10, Vail Town Code. Staff finds that allowing the removal of the on-site employee housing units will improve compliance with parking and loading requirements as outlined in Chapter 12-10, Off Street Parking and Loading, Vail Town Code. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. Staff finds the application conforms to Town of Vail Employee Housing Strategic Plan recommendations for an employee housing exchange program. 5. Natural And/ Or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. The subject property is not located within a mapped geologic hazard area, so Staff finds this criterion to not be applicable. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The six employee housing units required for Special Development District No. 22, Grand Traverse, have already been built in the Dauphinais-Moseley Subdivision and Staff finds the integration of that floor area into the associated primary residences will not affect any natural features, vegetation or the overall aesthetic quality of the community. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. 8 - 3 - 22 12/20/2011 Town of Vail Page 23 Staff finds that allowing the removal of the on-site employee housing units will reduce the density of the subdivision and will reduce demand on the existing vehicle and pedestrian traffic both on and off site. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The six employee housing units required for Special Development District No. 22, Grand Traverse, have already been built in the Dauphinais-Moseley Subdivision and Staff finds the integration of that floor area into the associated primary residences will not affect the existing landscaping or open spaces. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The six employee housing units required for Special Development District No. 22, Grand Traverse, have already been built and the Dauphinais-Moseley Subdivision Filing 1 has already been implemented, so Staff finds this criterion to not be applicable. VIII. RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with modifications, to the Vail Town Council for the proposed major amendment to Special Development District No. 22, Grand Traverse. Staff’s recommendation is based upon a review of the criteria and findings as outlined in this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with modifications, of this major amendment to a special development district, the Community Development Department recommends the Commission pass the following motion: “The Planning and Environmental Commission forwards a recommendation of approval for the major amendment to Special Development District No. 22, Grand Traverse, pursuant to Section 12-9A- 10, Amendment Procedures, Vail Town Code, to allow the employee housing requirements of the special development district to be met off-site through the provisions of Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code; located at 1402 through 1428 Moraine Drive and 1450, 1500, 1550, 1600, 1650, 1700, 1750, 1800, and 1850 Lions Ridge Loop/ Lots 1 through 24, Dauphinais-Moseley Subdivision Filing 1, subject to the modifications outlined in Section II of 8 - 3 - 23 12/20/2011 Town of Vail Page 24 the December 12, 2011, staff memorandum, and setting forth details in regard thereto.” Should the Planning and Environmental Commission choose to forward a recommendation of approval for this major amendment to a special development district, the Community Development Department recommends the Commission make the following findings: “Based upon the review of the criteria outlined in Section VIII of the December 12, 2011 staff memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The proposal to amend Special Development District No. 22, Grand Traverse, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code; and, 2. The applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and, 3. The request is consistent with the development goals and objectives of the Town of Vail Comprehensive Master Plan.” IX. ATTACHMENTS A. Vicinity Map B. Applicant’s Request C. Ordinance No. 25, Series of 2005 8 - 3 - 24 12/20/2011 Town of Vail Page 25 8 - 3 - 25 12/20/2011 8 - 3 - 26 12/20/2011 8 - 3 - 27 12/20/2011 8 - 3 - 28 12/20/2011 8 - 3 - 29 12/20/2011 8 - 3 - 30 12/20/2011 8 - 3 - 31 12/20/2011 8 - 3 - 32 12/20/2011 8 - 3 - 33 12/20/2011 8 - 3 - 34 12/20/2011 8 - 3 - 35 12/20/2011 8 - 3 - 36 12/20/2011 8 - 3 - 37 12/20/2011 8 - 3 - 38 12/20/2011 8 - 3 - 39 12/20/2011 8 - 3 - 40 12/20/2011 8 - 3 - 41 12/20/2011 8 - 3 - 42 12/20/2011 8 - 3 - 43 12/20/2011 8 - 3 - 44 12/20/2011 8 - 4 - 1 12/20/2011 8 - 4 - 2 12/20/2011 8 - 4 - 3 12/20/2011 8 - 4 - 4 12/20/2011 8 - 4 - 5 12/20/2011 8 - 4 - 6 12/20/2011 8 - 4 - 7 12/20/2011 8 - 4 - 8 12/20/2011 8 - 4 - 9 12/20/2011