HomeMy WebLinkAboutComm Equip EHU Text Amendment 072511To: Planning and Environmental Commission
From: Community Development Department
Date: July 25, 2011
Subject: A request for a recommendation to the Vail Town Council for
prescribed regulations amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, for corrections to Section 12-6F-3, Conditional Uses, Vail Town Code, to allow communications
antennas and appurtenant equipment as a conditional use in the Low Density Multiple Family Districts; and for prescribed regulations amendments, pursuant to Section 12-3-7, Amendment,
Vail Town Code, for corrections to Section 12-6E-2, Permitted Uses; Section 12-6F-2, Permitted Uses; Section 12-6G-2, Permitted Uses; and Section 12-13-4, Requirements by Employee Housing
Unit (EHU) Type, Vail Town Code, to allow Type III Employee Housing Units (EHUs) as a permitted use in the Residential Cluster (RC), Low Density Multiple Family (LDMF), and Medium Density
Multiple Family (MDMF) Districts, and setting forth details in regard thereto. (PEC110023)
Applicant: Town of Vail
Planner: Rachel Dimond
I. SUMMARY
The applicant, the Town of
Vail, is requesting a recommendation to the Vail Town Council for prescribed regulations amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, for corrections to Section
12-6F-3, Conditional Uses, Vail Town Code, to allow communications antennas and appurtenant equipment as a conditional use in the Low Density Multiple Family Districts; and for prescribed
regulations amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, for corrections to Section 12-6E-2, Permitted Uses; Section 12-6F-2, Permitted Uses; Section 12-6G-2, Permitted
Uses; and Section 12-13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, to allow Type III Employee Housing Units (EHUs) as a permitted use in the Residential Cluster
(RC), Low Density Multiple Family (LDMF), and Medium Density Multiple Family (MDMF) Districts.
Staff recommends that the Planning and Environmental Commission forwards a recommendation
of approval to the Vail Town Council, subject to the findings and criteria outlined in Section V of this memorandum. For reference, the attachments include the table in 12-13-4: Requirements
By Employee Housing Unit (EHU) Type, Vail Town Code (Attachment A) and a vicinity map showing the subject zone districts (Attachment B).
II. DESCRIPTION OF THE REQUEST
The applicant, the Town of Vail, is requesting the text amendments that are summarized below:
Reinstate “Communications antennas and appurtenant equipment”
as a conditional use in the Low Density Multiple Family District.
Reinstate “Employee Housing Units” as a permitted use in the Residential Cluster (RC), Low Density Multiple Family (LDMF)
and Medium Density Multiple Family (MDMF) Districts.
Amend the table in 12-13-4, Requirements By Employee Housing Unit (EHU) Type to add RC, LDMF and MDMF to list of zone districts allowing
employee housing units
The proposed text amendments are as follows (additions are shown in bold italics; deletions are shown in strikethrough italics.)
ARTICLE 12-6E. RESIDENTIAL
CLUSTER (RC) DISTRICT
12-6E-2: PERMITTED USES:
The following uses shall be permitted in the RC district: Employee housing units, as further regulated by Chapter 13 of this Title. Multiple-family
residential dwellings, including attached or row dwellings and condominium dwellings with no more than four (4) units in any new building. Single-family residential dwellings. Two-family
residential dwellings.
ARTICLE 12-6F. LOW DENSITY MULTIPLE-FAMILY (LDMF) DISTRICT
12-6F-2: PERMITTED USES:
The following uses shall be permitted in the LDMF district: Employee housing
units, as further regulated by Chapter 13 of this Title.
Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential
dwellings. Two-family residential dwellings.
12-6F-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant
equipment.
Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities, as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public
buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows.
ARTICLE 12-6G. MEDIUM DENSITY MULTIPLE-FAMILY
(MDMF) DISTRICT
12-6G-2: PERMITTED USES:
The following uses shall be permitted in the MDMF district: Employee housing units, as further regulated by Chapter 13 of this Title.
Multiple-family
residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings.
12-13-4: REQUIREMENTS BY
EMPLOYEE HOUSING UNIT (EHU) TYPE:
“Residential Cluster, Low Density Multiple-Family, Medium Density Multiple- Family” added to “Zoning Districts Permitted By Right” for Type III, Type
VII-CL and Type VII-IZ EHUs. See Attachment A for complete table with proposed text amendments.
III. BACKGROUND
On July 15, 2008, the Vail Town Council passed Ordinance No. 12, Series
of 2008, upon second reading. Ordinance No. 12, Series of 2008 amended the Vail Town Code to allow many Types of EHUs to be permitted uses, rather a conditional use. The ordinance also
established “communications antennas and appurtenant equipment” as a land use, and made it a permitted use in higher density and commercial districts and a conditional use in low density
residential districts. Errors in codification led to the omission of the above uses in certain districts. The purpose of the proposed regulations amendment is to rectify the omissions
from Ordinance No. 12, Series of 2008. This amendment will in no way alter the restrictions currently applied to EHUs or the zone districts in which the various types are allowed.
Prior to Ordinance No. 12, Series of 2008, communications antennas were considered “public utility and public service uses,” a conditional use in all districts. Therefore, the addition
of “communications antennas and appurtenant equipment” as a conditional use in the LDMF District does not change the policy of allowing this use as a conditional use in this district.
IV. APPLICABLE PLANNING DOCUMENTS
TITLE 12: ZONING REGULATIONS
Chapter 12-1, Title, Purpose and Applicability (in part)
Section 12-1-2: Purpose
A. General: These regulations are
enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that
will conserve and enhance its natural environment and its established character as a resort and residential community of high quality.
B. Specific: These regulations are intended to
achieve the following more specific purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche,
accumulation of snow, and other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets.
4. To
promote adequate and appropriately located off street parking and loading facilities.
5. To conserve and maintain established community qualities and economic values.
6. To encourage
a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives.
7. To prevent excessive population densities and overcrowding of
the land with structures.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features.
10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an
orderly and viable community.
ARTICLE 12-6E. RESIDENTIAL CLUSTER (RC) DISTRICT
12-6E-1: PURPOSE: The residential cluster district is intended to provide sites for single-family, two-family, and multiple-family
dwellings at a density not exceeding six (6) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The residential
cluster district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with residential occupancy, and to maintain the desirable residential
qualities of the zone district by establishing appropriate site development standards.
ARTICLE 12-6F. LOW DENSITY MULTIPLE-FAMILY (LDMF) DISTRICT
12-6F-1: PURPOSE: The low density
multiple-family district is intended to provide sites for single-family, two-family and multiple-family dwellings at a density not exceeding nine (9) dwelling units per acre, together
with such public facilities as may appropriately be located in the same zone district. The low density multiple-family district is intended to ensure adequate light, air, privacy and
open space for each dwelling, commensurate with low density occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development
standards.
ARTICLE 12-6G. MEDIUM DENSITY MULTIPLE-FAMILY (MDMF) DISTRICT
12-6G-1: PURPOSE: The medium density multiple-family district is intended to provide sites for multiple-family
dwellings at densities to a maximum of eighteen (18) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The medium
density multiple-family district is intended to ensure adequate light, air, open space, and other amenities commensurate with multiple-family occupancy, and to maintain the desirable
residential qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, and where permitted,
are intended to blend harmoniously with the residential character of the zone district.
14-10-12: COMMUNICATIONS ANTENNAS AND APPURTENANT EQUIPMENT: Communications antennas and any
associated appurtenant equipment should be integrated into existing principal buildings and structures. All antennas and appurtenant equipment shall be located and screened so as not
to detract from the overall site design quality.
TOWN OF VAIL LAND USE PLAN
Chapter II: Land Use Goals/Policies (in part)
1. General Growth/Development
1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent
resident.
1.3 The quality of development should be maintained and upgraded whenever possible.
1.12 Vail should accommodate most of the additional growth in existing developed areas
(infill areas).
3. Commercial
3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs.
5. Residential
5.1 Additional
residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist.
5.2 Quality time share units should
be accommodated to help keep occupancy rates up.
5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town
of Vail, with appropriate restrictions.
5.4 Residential growth should keep pace with the market place demands for a full range of housing types.
5.5 The existing employee housing base
should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community.
VAIL VILLAGE MASTER PLAN
Chapter V: Goals, Objectives,
Policies and Action Steps (in part)
Goal #2: To foster a strong tourist industry and promote year-around economic health and viability for the village and for the community as a whole.
2.6
Objective: Encourage the development of affordable housing units through the efforts of the private sector.
2.6.1 Policy:
Employee housing; units may be required as part of any new
or
redevelopment project requesting density over that allowed by existing zoning.
2.6.2 Policy:
Employee housing, shall be developed with appropriate restrictions so as to insure their
availability and affordability to the local work force.
2.6.3 Policy:
The Town of Vail may facilitate in the development of affordable housing by providing limited assistance.
LIONSHEAD
REDEVLOPMENT MASTER PLAN
Chapter 4: Master Plan Recommendation – Overall Study Area
4.9 Housing
Recent community surveys and grass-roots planning efforts such as Vail Tomorrow have
identified the lack of locals housing as the most critical issue facing the Vail community. Early in the Lionshead master planning process, west Lionshead was identified as an opportunity
area to implement some of the community’s housing goals, particularly relating to employee housing. These opportunities and associated issues are outlined below.
4.9.1 No Net Loss
of Employee Housing
Ground rule number five of the master plan states that there shall be no net loss of employee housing in Lionshead as redevelopment occurs.
Visual Issues
4.9.2 The
financial realities of affordable housing often require cost reducing measures, generally involving the quality of detailing, planning, and architectural design. Given the strong desire
to make these housing projects feasible, it is recommended that some latitude be granted to affordable housing developers. However, it is also important that financial realities not
be used as an excuse to produce unsightly, poorly designed, substandard products. Employee housing does not need to match the architectural sophistication of a five star resort development,
but it does need to be good quality construction and design. Rivers Edge in Avon is a good example of an attractive yet affordable employee housing project.
4.9.3 Policy Based Housing
Opportunities
The first means of implementing housing goals in Lionshead is through policy based requirements such as the employee generation ordinance currently being pursued by the
Vail Town Council. As required by a future ordinance, all development and redevelopment projects, as a prerequisite to project approval, should provide housing for employees generated
and
to the extent possible this housing should be located in the Lionshead area.
VAIL 20/20 STRATEGIC PLAN
Executive Summary (in part)
Housing: The high cost of housing and a lack
of developable land continue to challenge the community in providing adequate workforce housing. Opportunities exist to increase the amount of employee housing through redevelopment
of existing housing, the purchase of deed-restricted units and through developer requirements. During 20/20, participants placed workforce housing as a top priority for the community
and government leaders to address.
Community Values (in part)
Diversity: Vail values maintaining a diverse population of residents, workers and visitors, with a broad representation
of age, family composition, ethnic background and economic means.
Land Use and Development (in part)
20/20 Vision: The pedestrian ambiance and scale of Vail Village and Lionshead
continues into 2020, where the European alpine charm of Vail is replicated in its new development. The unique character of Vail is evident from the Tyrolean building style that speaks
of Vail’s history, to the mountain contemporary style that heralds technological advancement. The vibrant mixed-use pedestrian core areas of Vail attract guests, residents and businesses.
The diversity of businesses within the core areas provides something for everyone and the new affordable housing options are seamlessly integrated into the community’s fabric. Growth
has been carefully managed to be sustainable and complementary to the natural environment.
20/20 Implementation: Based on input from the community during the 20/20 process, town staff
developed the following goals and action strategies to support the land use and development vision. The goals also reflect the common themes heard from the community during the 20/20
process, including a need for more employee housing, increased environmental sustainability, reduction of I-70 impacts and managed growth.
Goal #3: Ensure fairness and consistency
in the development review process.
Actions/Strategies
Provide transparency of the review process by improving communications.
Embrace policies and practices that ensure honest governmental
interaction.
Define ways in which to improve communication with the public.
Review and improve policies regarding notification of design review applications.
Provide adequate training for members
of the town’s boards, commissions and committees regarding goals and purposes for regulation.
Develop a streamlined design review process and include in regulation updates.
Goal #4:
Provide for enough deed-restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development.
Actions/Strategies
Update housing
regulations to include more zone districts that are required to provide employee housing.
Redevelop Timber Ridge to increase number of employee beds.
Use employee housing fund for buy-downs
and other programs that will increase the number of employees living within the town.
Address the zoning regulations to provide more incentives for developers to build employee housing
units.
Housing (in part)
20/20 Vision: The number of employees living within the town has steadily increased, thanks to the town’s commitment to ensure affordability and availability
of housing. The number of deed-restricted rental and for-sale units required of both private and public projects has increased. The diversity of deed-restricted units can accommodate
the seasonal worker, as well as all levels of year-round employees, including those with families. Housing in general has been transformed to include green building standards.
20/20
Implementation: Based on input from the community during the 20/20 process, town staff with the Vail Local Housing Authority, developed the following goals and action strategies to support
the housing vision.
Goal: The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town,
and will provide for enough deed-restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development.
Actions/Strategies:
Research
and propose next steps for strengthening the town’s inclusionary zoning and commercial linkage policies, including requirements for more zone districts.
Research parking requirements for employee housing and consider reducing requirements for employee housing developments.
Ensure pay-in-lieu funds generate as many workforce housing
units as possible.
Establish protocol for disbursement of dedicated housing fund resources.
Research and secure potential alternative (besides pay-in-lieu) funding sources for employee
housing.
V. REVIEW CRITERIA
Before acting on an application for an amendment to the Zoning Regulations, the Planning and Environmental Commission shall consider the following factors
with respect to the requested text amendment:
The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and
Staff finds the proposed
text amendments further the general and specific purposes of the zoning regulations. Specifically, the text amendments that clarify EHUs are a permitted use in three zone districts
will “promote the coordinate and harmonious development of the Town” and will “otherwise provide for the growth of an orderly and viable community.” The amendment adding communications
antennas in the LDMF District will “conserve and maintain established community qualities and economic values” and will “encourage a harmonious, convenient, workable relationship among
land uses, consistent with municipal development objectives.”
The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted
goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and
Staff finds the proposed text amendments will
better achieve the goals of the Vail Comprehensive Plan. Specifically, the text amendments will help achieve Vail Land Use Plan Goal 5.3 that states “affordable employee housing should
be made available..” The Vail Village Master Plan Objective 2.6 will be furthered as developers are made aware of EHUs in certain zone districts by this addition, which will “encourage
the development of affordable housing units.”
The clarification of communication antennas in LDMF as a conditional use will provide clear opportunities for enhances cellular service
and will further Land Use Goal #2, which calls for fostering “a strong tourist industry and promote year-around economic health and viability for the village and for the community as
a whole.”
All of the proposed text amendments will further Goal #3 of the Vail 20/20 Strategic Plan, which states that the Vail Town Code should “Ensure fairness and consistency
in the development review process.” By fixing the errors and omissions in the Vail Town Code, fairness and consistency will exist for all zone districts.
The extent to which the text
amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable;
and
Staff finds that conditions have changed, as the errors and omissions resulting from Ordinance No. 12, Series of 2008 have been identified through attempts to place communications
equipment in the LDMF District. The existing regulations are clearly no longer appropriate, as they do not meet the intent of Ordinance No. 12, Series of 2008. It was not the intent
of Ordinance No. 12, Series of 2008 to omit the currently proposed text amendments. However, errors and omissions occurred that need to be clarified. Further, the proposed regulations
amendments will continue to follow existing policy. Prior to Ordinance No. 12, Series of 2008, communications antennas were considered “public utility and public service uses,” a conditional
use in all districts. Therefore, the addition of “communications antennas and appurtenant equipment” as a conditional use in the LDMF District does not change the policy of allowing
this use as a conditional use in this district. This amendment will in no way alter the restrictions currently applied to EHUs or the zone districts in which the various types are
allowed.
The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives;
and
Staff finds that the text amendments provide a harmonious, convenient, workable relationship among land use regulations, as it corrects the inequality among residential zone districts
and permitted and conditional uses within those districts.
Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed
text amendment.
VI. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail
Town Council for prescribed regulations amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, for corrections to Section 12-6F-3, Conditional Uses, Vail Town Code, to allow
communications antennas and appurtenant equipment as a conditional use in the Low Density Multiple Family Districts; and for prescribed regulations amendments, pursuant to Section 12-3-7,
Amendment, Vail Town Code, for corrections to Section 12-6E-2, Permitted Uses; Section 12-6F-2, Permitted Uses; Section 12-6G-2, Permitted Uses; and Section 12-13-4, Requirements by
Employee Housing Unit (EHU) Type, Vail Town Code, to allow Type III Employee Housing Units (EHUs) as a permitted use in the Residential Cluster (RC), Low Density Multiple Family
(LDMF), and Medium Density Multiple Family (MDMF) Districts, and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to forward a recommendation
of approval for the proposed prescribed regulations amendments, the Community Development Department recommends the Commission make the following motion:
“The Planning and Environmental
Commission forwards a recommendation of approval to the Vail Town Council for prescribed regulations amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, for corrections
to Section 12-6F-3, Conditional Uses, Vail Town Code, to allow communications antennas and appurtenant equipment as a conditional use in the Low Density Multiple Family Districts; and
for prescribed regulations amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, for corrections to Section 12-6E-2, Permitted Uses; Section 12-6F-2, Permitted Uses; Section
12-6G-2, Permitted Uses; and Section 12-13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, to allow Type III Employee Housing Units (EHUs) as a permitted use in
the Residential Cluster (RC), Low Density Multiple Family (LDMF), and Medium Density Multiple Family (MDMF) Districts, and setting forth details in regard thereto.”
Should the Planning
and Environmental Commission choose to forward a recommendation of approval for the proposed prescribed regulations amendments, the Community Development Department recommends the Commission
make the following findings:
“Based on the testimony and evidence presented at this hearing, and the criteria in Section V of this memorandum, the Planning and Environmental Commission
finds:
That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the
development objectives of the town; and
That the amendment furthers the general and specific purposes of the zoning regulations; and
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.”
VII. ATTACHMENTS
A. 12-13-4: Requirements By Employee Housing Unit (EHU) Type, Vail Town Code
B. Vicinity Map with Subject Zone Districts