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HomeMy WebLinkAboutVAIL DAS SCHONE FILING 2 BLOCK G LOT 10 & 11 ALPEN CHALETS EHUPlanning and Environmental Commisson ACTION FORM Department of Community Development 15 South Frontage Road, Vail, Colorado 81651 tel: 910.419.2139 fax: 970.479.2452 web: www.vailgov.com Project Name: Text Amendment First Reading PEC Number: PEC030018 Project Description: Text Amendment to allow Type II EHUs to be sold seperately Participants: OWNER Snow now LLC 03/17/2003 Phone: 476-8610 Robert A. Rymer, Manager 500 S Frontage Rd East Ste 112 Vail, CO 81657 APPUCANT AMS Development, Inc 03/17/2003 Phone: 476-8610 Greg M. Amsden, President 500 S Frontage Rd East Ste 112 Vail, CO Amsden@vall.net 81657 Project Address: 2388 GARMISH DR VAIL Location: 2388 Garmisch Drive Legal Description: Lot: 9 Block: A Subdivision: Vail Das Schone Filing 2 Parcel Number: 2103-114-1101-7 Comments: TownCouncll BOARD/STAFF ACllON Motion By: Cleveland Action: DENIED Second By: Jewitt vote: 5-1-1 Date of Approval: Conditions: 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: Bill Gibson PEC Fee Paid: $1,300.00 /' Application for Review by the Planning and Environmental Commission Department of Community Development 75 South Frontage Road. Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.ci.vail.co.us 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 Major Subdivision $1500 Floodplain Modification Minor Subdivision $650 Minor Exterior Alteration Exemption Plat $650 Major Exterior Alteration Minor Amendment to an SOD $1000 Development Plan New Special Development District $6000 Amendment to a Development Plan Major Amendment to an SOO $6000 Zoning Code Amendment • Major Amendment to an SOD $1250 Variance Physical Address: _~~~~:..:::::....!~I.I--~~~_______________ Parcel No.: 2J03J14.11.011 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: "PRirittrL1-.:;£WAJDIt"'1 Name(s) of Owner(s): /)/JoWtJoU! L LG -Kt)/£flT If. RJt1(£1L tiltNItfrti!/.c1 Mailing Address: Sf) sSt r::m;VTfKrf! R.n. 6fJ/, c£-r:.i12.. IAhL CtJ· 816st , v I I Phone: 4% -8(,..10 Owner(s) Signature(s): ~ ~ Name of Applicant: ~/tit) J);VRJJ~ ~ Gru;4nll-t tt, ~t1,s.QI:AJ, Ru:St0txr I ,I Mailing Address: tim S. fPJ).)7!tr£ f2.o t::Mr;, dr£ .112, v&iL; Co I 81651 _______________ Phone: 1%-Bh.Yl E-mail Address: ClJ1.13dev\ @ Vat/. If) et Fax._----'410'--'->L----"S-4\l0"""'3-+-T_____ For OffIce U~e OgW: I'VYJ Fee Paid: / i9IlJ. -Check No.: UA/ 7 By:·-.----?fB--=--::O Application Date: ____ PEC NO.:-.--j-lW1~~~~~-a...z:~~rta"7.,.<-::;J.iL-..------ Planner:__ Project No.: ~ ~~ RFCI IVEO Page 1 of 5-07/18/02 MAP 1 ? 2003 I ·f liPEJI R~lJit1£Hi:M-fo.L-t14x1HtJM G-12.FA Cf J, 2ixJ s~), Ft. ?£ £El»f};..t?). f 1 •• I t GENERAL INFORMATION This application is a petition for an amendment to the Town of Vail Municipal Code. Amendments to the Town of Vail Municipal Code may be requested by the Town Council, by the Planning and Environmental Commission. by petition of any resident or property owner in the Town, or by the Administrator. The Vail Town Council is the final decision making body for code amendment requests. SUBMITTAL REQUIREMENTS fa Fee: $1300.00 t a A written summary of the proposed revision of the regulations. I a Additional Material: The Administrator and/or PEC may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the 1proposal. PRE-APPLICATION CONFERENCE A pre-application conference with a planning staff member is strongly encouraged. No application will be accepted unless it is complete. It is the applicant's responsibility to make an appointment with the staff to determine additional submittal requirements. TIME REQUIREMENTS The Planning and Environmental Commission meets on the 2nd and 4th Mondays of each month. A complete application form and all accompanying material (as described above) must be accepted by the Community Development Department by the appropriate submittal date, which is a minimum of four (4) weeks prior to the date of the PEC public hearing. ADDITIONAL REVIEW A. If this application requires separate review by any local, State or Federal agency other than the Town of Vail, the application fee shall be increased by $200.00. Examples of such review, may include, but are not limited to: Colorado Department of Highway Arxess Permits, Army Corps of Engineers 404, etc. B. The applicant shall be responsible for paying any publishing fees which are in excess of 50% of the application fee. If, at the applM:ant' srequest,any matter is postponed for hearing, causing the matter to be re-published, then, the entire fee for such re-publication shall be paid by the applicant. I C. Applications deemed by the Community Development Department to have design, land use or other issues which may have a significant impact on the community may require review by consultants in addition to Town staff. Should a determination be made by the Town staff that an outside consultant is needed, the Community Development Department may hire the consultant. The Department shall estimate the amount of money necessary to pay the consultant and this amount shall be forwarded to the Town by the applicant at the time of filing an application. Expenses incurred by the Town in excess of the amount forwarded by the applicant shall be paid to the Town by the applicant within 30 days of notification by the Town. Any excess funds will be returned to the applicant upon review Icompletion. f Please niM thlll only co",jJIete app/klllions will be accepted. All oftlte required information IIIIISt be ! ~ sublllittetl in order for the appliCiltion to be deemed COlllpiete. I 1 Page 2 of2-071 18/02 \ •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• TOWN OF VAIL, COLORADO Statement Statement Number: R030003712 Amount: $1,300.00 03/17/200304: 38 PM Payment Method: Check Init: JAR Notation: 0007 Snownow LLC Permit No: PEC030018 Type: PEC-Zoning Code Amendmen Parcel No: 210311411017 Site Address: 2388 GARMISH DR VAIL Location: 2388 Garmisch Drive Total Fees: $1,300.00 This Payment: $1,300.00 Total ALL PInts: $1,300.00 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts PV 00100003112500 PEC APPLICATION FEES 1. 300.00 THIS ITEM MAY AFFECT YOUR PROPERTY I PUBLIC NOTICE l 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 of the Vail Town Code on April 14,2003, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a conditional use permit pursuant to Section 12-9C-3, Conditional Uses; Generally, Vail Town Code, to allow for amendments to a previously approved development plan for a private school and educational institution, and setting for details in regard thereto, located at 3000 Boothfalls Road/Lot 1, Vail Mountain School Subdivision. Applicant: Vail Mountain School, represented by Braun Associates Planner: Russell Forrest ic A request for a recommendation to the Vail Town Council of proposed text amendments to amend Chapter 12-13-4, Requirements by Employee Housing Unit (EHU) Types, Vail Town code, to amend the Type II EHU requirements and setting forth details in regard thereto. Applicant: AMS Development Inc. . Planner: Bill Gibson A request for a recommendation to the Vail Town Council of a proposed text amendment to Section 12-10-9: Loading Standards, Vail Town Code, to amend the requirement for loading berths &setting forth details in regard thereto. Applicant: Town of Vail Planner: Allison Ochs The applications and information about these proposals are available for public inspection during regular business hours at the Town of Vail Community Development Department office, 75 South Frontage Road. The public is invited to attend the project orientation held in the Town of Vail Community Development Department office and the site visits that precede the public hearing. 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 additional information. This notice published in the Vail Daily on March 28, 2003. 1 MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: April 14, 2003 SUBJECT: A request for a recommendation to the Vail Town Council of proposed text amendments to amend Chapter 12-13-4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements and setting forth details in regard thereto. Applicant: AMS Development, Inc. Planner: Bill Gibson I. SUMMARY The applicant, AMS Development, Inc., is requesting a text amendment to Chapter 12­ 13-4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements. At the request of the applicant and staff, the purpose of this meeting is for the Planning and Environmental Commission to hold a worksession to discuss the proposed text amendments. At this time, the Community Development Department is not making a recommendation for approval or denial of. the proposed text amendments. The Community Development Department recommends that the Planning and Environmental Commission considers the evidence and testimony presented, provides direction to the applicant and staff, and then tables this item for further discussion to its next regularly scheduled public hearing on Monday, April 28, 2003. II. DESCRIPTION OF THE REQUEST The applicant, AMS Development, Inc., is proposing text amendments to Chapter 12-13­ 4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements. The applicant is proposing three amendments to the Town's Type II EHU requirements: to allow EHUs to be sold or transferred separately, to allow for up to an additional 300 sq. ft. of garage floor area credits, and to eliminate the maximum gross residential floor area (GRFA) limit. The specific proposed text amendments are as follows: (deletions are shown in strike threugh/additions are shown bold) 1 12-13-4: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU) TYPE EHU Zoning districts permitted by right or by conditional use Ownership/ Transference Additional GRFA1 Additional Site Coverage /Reduced Landscape Area Garage CrediVStorage Requirement Parking Minimum/ Maximum GRFA of an EHU Density Type II Conditional Use: Single-Family Residential. Two- Family Residential, Primary/Seconda ry Residential, Agriculture & Open Space +R9 I!!FlbJ sRal! The EHU is entitled to an additional 500 sq. ft. GRFA credit. n/a Allowed 300 sq. ft. of additional garage area per enclosed vehicle space at a maximum of 2 parking spaces (600 sq.ft.) for the EHU. All units not constructed with a garage shall be required a minimum 75 sq. ft. of storage area in addition to normal closet space. This 75 sq. ft. shall be a credit for storage only. Per Chapter 12-10 as a dwelling unit. 300 sq. ft. minimum. Allowed as third unit on property. Does not count as density. ReI 99 sala Sf IFaRSf9Ff9a 1,200 sq. ft maximum.Sef'jaFalely fFem tRe uRi! il is asseoiatsa witR,. The EHU may be sold or transferred as a separate unit on the property. - 2 ~~i'l:"~"'~~""~---~~"'7o!·'''''~tw!(''1fI'1!'''~:-~_~W"~~-''''It~.~"""",~___.~~~'O-_,,~..,.._~......,,~"'_~,...'__~~~~.,f'.I¥&*,"'''''' ~~;"""'i"1r.,\>'••"t!~._~~,.,~~~~_~~, III. BACKGROUND In September and December of 1992, the Town Council passed Ordinances 9 and 27, Series of 1992, to create Chapter 13 (Employee Housing) which provides for the addition I of Employee Housing Units (EHUs) as permitted or conditional uses within certain zone f Idistricts. In April of 2000, the Town Council passed Ordinance 6, Series of 2000, to repeal and reenact this chapter and provide additional incentives for the creation of t employee housing in Vail. t IV. DISCUSSION ITEMS I The Commission is not being asked to take any formal positions on this application at this time. However, staff has identified the following issues related to the proposed text amendments that staff recommends the Planning and Environmental Commission ! address: Type II EHU transfer of ownership amendment • Consistency with Town's development goals, objectives and policies • Identify impacts to adjacent properties and neighborhood character • Identify impacts to housing supply/needs within the Town Type II EHU garage credit amendment 1 • Consistency with Town's development goals, objectives and policies I t• Identify impacts to adjacent properties and neighborhood character • Identify impacts to housing supply/needs within the Town Type II EHU floor area amendment • Consistency with Town's development goals, objectives and policies f • Identify impacts to adjacent properties and neighborhood character • Identify impacts to housing supply/needs within the Town V. ROLES OF REVIEWING BODIES I!I: Planning and Environmental Commission: 1 Action: The Planning and Environmental Commission is responsible for forwarding a t recommendation of approvaVapproval with conditions/denial to the Town Council of a ftext amendment. The Planning & Environmental Commission shall consider the following factors with respect to the requested text amendment: i 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. The extent to which the text amendment would better implement and better Iachieve 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 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 3 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and 5. Such other factors and criteria the Commission deems applicable to the proposed text amendment. Design Review Board: Action: The Design Review Board has NO review authority of a text amendment or conditional use permit, but must review any accompanying Design Review application. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. The Town Council is responsible for final approval/approval with conditions/denial of a text amendment. The Town Council shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memorandum 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. 4 VI. APPLICABLE PLANNING DOCUMENTS Type II EHUs are allowed as conditional uses in the Single-Family Residential, Two­ Family Residential, Two-Family Primary/Secondary Residential, and Agriculture and Open Space Districts. Town of Vail Zoning Regulations (Title 12. Vail Town Code) Chapter 12-1: Title, Purpose and Applicability 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. Article 12-68: Single-Family Residential (SFR) district 12-68-1: PURPOSE: The single-family residential district is intended to provide sites for low density single-family residential uses, together with such public facilities as may be appropriately located in the same district. The single-family residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. Article 12-6C: Two-Family Residential (R) district 12-6C-1: PURPOSE: The two-family residential district is intended to provide sites for low density single family or two-family residential uses, together with such public facilities as may be appropriately located in the same district. The two-family residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. Article 12-60: Two-Family Primary/Secondary Residential (P/S) district 12-60-1: PURPOSE: The two-family primary/secondary residential district is intended to provide sites for single-family residential uses or two-family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same district. The two-family primary/secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. 5 Article 12-8A: Agriculture and Open Space (A) district 12-BA-1: PURPOSE: The Agricultural and Open Space District is intended to preserve agricultural, undeveloped, or open space lands from intensive development while permitting agricultural pursuits and low density residential use consistent with agricultural and open space objectives. Parks, schools, and certain types of private recreational facilities and institutions also are suitable uses in the Agricultural and Open Space District, provided that the sites of these uses remain predominantly open. Site development standards are intended to preclude intensive urban development and to maintain the agricultural and open space characteristics of the District. Chapter 12-13: Employee Housing 12-13-1: PURPOSE: The Town's economy is largely tourist based and the health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a strong, high quality and consistently available work force. To achieve such a work force, the community must work to provide quality living and working conditions. Availability and affordability of housing plays a critical role in creating quality living and working conditions for the community's work force. The Town recognizes a permanent, year-round population plays an important role in sustaining a healthy, viable community. Further, the Town recognizes its role in conjunction with the private sector in ensuring housing is available. The Town Council may pursue additional incentives administratively to encourage the development of employee housing units. These incentives may include, but are not limited to, cash vouchers, fee waivers, tax abatement and in­ kind services to owners and creators of employee housing units. The Town or the Town's designee may maintain a registry and create lists of all deed restricted housing units created in the Town to assist employers and those seeking housing. Chapter 12-2: Definitions EMPLOYEE HOUSING UNIT (EHU): A dwelling unit which shall not be leased or rented for any period less than thirty (30) consecutive days, and shall be occupied by at least one person who is an employee. For the purposes of this definition "employee" shall mean a person who works an average of thirty (30) hours per week or more on a year round basis in Eagle County, Colorado. Town of Vail Land Use Plan Chapter 1/-Land Use Plan Goals/Policies 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. 6 1. 12 Vail should accommodate most of the additional growth in existing development areas (infill areas). 4.2 Increased density in the Core areas is acceptable as long as the existing character of each area is preserved through the implementation of the Urban Design Guide Plan and the Vail Vii/age Master Plan. 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. 5.3 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. Town Council Mission Statement We (Le. Town Council) will provide the citizens of Vail and our guests with a superior level of environmentally-sensitive services and an abundance of recreational, educational and cultural opportunities. VII. CRITERIA AND FINDINGS The review criteria and factors for consideration for a request of a text amendment are established in accordance with the provisions of Chapter 12-3, Vail Town Code (Ordinance No.4, Series 2002). A. Consideration of Factors Regarding the Text Amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. 7 B. The Planning and Environmental Commission shall make the following findings before forwarding a recommendation of approval for of a text amendment: 1. That the amendment is consistent with the applicable elements of the adopted goals. objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. VIII. STAFF RECOMMENDATION At this time, the Community Development Department is not making a recommendation for approval or denial of the proposed text amendments. Therefore, the Community Development Department does not recommend that the Planning and Environmental Commission make a recommendation to the Town Council at this time for the proposed text amendments. The Community Development Department recommends that the Planning and Environmental Commission considers the evidence and testimony presented, provides direction to the applicant and staff, and then tables this item for further discussion to its next regularly scheduled public hearing on Monday. April 28, 2003. IX. ATTACHMENTS A. Public Notice B. Applicant's Letter of Request 8 THIS ITEM MAY AFFECT YOUR PROPERTY Attachment: A 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 of the Vail Town Code on April 14,2003, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a worksession to discuss the following applications: a recommendation to the Vail Town Council of a text amendment to Section 12-7B-13, Density Control, Zoning Regulations; a request for a recommendation to the Vail Town Council of a proposed rezoning of Lots P3 & J, Block 5A, Vail Village 5th Filing from Public Accommodation zone district (PA) to Parking zone district (P); a request for a recommendation to the Vail Town Council for the proposed zoning of an unplatted parcel of land commonly referred to as the "trade parcel" and Lots 1 & 2, Mill Creek Subdivision to Ski Base Recreation II zone district; a request for a minor subdivision, pursuant to Title 13, Subdivision Regulations, Vail Town Code, to allow for the relocation of the common property line between Lots P3 & J, Block 5A, Vail Village 5th Filing; a request for a recommendation to the Vail Town Code of a proposed major subdivision, pursuant to Section 13-3, Major Subdivision, Vail Town Code, to allow for the platting of the "trade parcel"; a request for a conditional use permit, pursuant to Chapter 16, Title 12, of the Vail Town Code, to allow for a "private off-street vehicle parking facility and public park" to be constructed and operated on Lots P3& J, Block 5A, Vail Village 5th Filing; a request for an exterior alteration or modification, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, to allow for an addition to the Lodge at Vail; a request for a variance from Section 12-21-10, Development Restricted, Vail Town Code, pursuant to Chapter 17, Variances, Zoning Regulations, to allow for the construction of multiple-family dwelling units on slopes in excess of 40%; and a request for the establishment of an approved development plan to facilitate the construction of Vail's Front Door, and setting forth details in regard thereto. (A more complete metes and bounds legal description is available at the Town of Vail Community Development Department) Applicant: Vail Resorts, represented by Jay Peterson Planner: George Ruther A request for a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses; Generally, Vail Town Code, to allow for amendments to a previously approved development plan for a private school and educational institution, and setting for details in regard thereto, located at 3000 Boothfalls Road/Lot 1, Vail Mountain School Subdivision. Applicant: Vail Mountain School, represented by Braun Associates Planner: Russell Forrest A request for a recommendation to the Vail Town Council of proposed text amendments to amend Chapter 12-13-4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements and setting forth details in regard thereto. Applicant: AMS Development Inc. Planner: Bill Gibson A request for a recommendation to the Vail Town Council of a proposed text amendment to Section 12-10-9: Loading Standards, Vail Town Code, to amend the requirement for loading berths & setting forth details in regard thereto. Applicant: Town of Vail Planner: Allison Ochs 1 A request for a final review of a proposed major exterior alteration, pursuant to Section 12-7 A-12, Vail Town Code, to allow for a hotel redevelopment and addition; a request for a final review of a conditional use permit, pursuant to Section 12-7A-3, Vail Town Code, to allow for a fractional fee club; a recommendation to the Vail Town Council of a text amendment Section 12-7A-3 (Conditional Uses), Vail Town Code, to allow for retail uses in a lodge in excess of 10% of the total gross residential floor area of the structure as a conditional use; a request for a final review of a ;variance from Section 12-7A-10 (Landscaping &Site Development), Vail Town Code, to allow for a deviation from the total landscape area requirement, and a request for a final review of a t modification of the Gore Creek 1 OO-year floodplain, pursuant to Section 12-21-10, (Development Restricted), Vail Town Code, located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow Drive/Lots K & L, Block 5E, Vail Village 1st Filing. I, Applicant: Sonnenalp Properties, Inc., represented by Braun Associates, Inc. Planner: George RutherlWarren Campbell The applications and information about these proposals are available for public inspection during regular business hours at the Town of Vail Community Development Department office, 75 South Frontage Road. The public is invited to attend the project orientation held in the Town of Vail Community Development Department office and the site visits that precede the public hearing. 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 additional information. This notice published in the Vail Daily on March 28, 2003. i I 2 Attachment: B AMS Development, Inc. 500 S. Frontage Road East, Ste. 112 Vail, CO. 81657 March 17, 2003 Town of Vail Dept. of Community Development 75 South Frontage Road Vail, CO. 81657 RE: Application for Text Amendment to Chapter 12-13-4 Requirements by Employee Housing Unit Type REQUESTED AMENDMENT TypeU EHU 1. OwnersbiplTransference Amend language to reflect the same requirement as Type I EHU. "The EHU may be sold or transferred as a separate unit on the property" Purpose Encourage and promote development of employee housing units by the private sector. This would provide a profit incentive to developers to additional EHU's within the Town of Vail. Under current zoning code, there is little or no incentive to create the additional EHU on lots exceeding 15,000 square feet. 2. Garage/Storage Requirement Amend language to reflect the same requirement as Type I EHD. "Allowed 300 sq.ft. ofgarage area per enclosed vehicle space at a maximum of2 parking spaces (600 sq.ft.) " Purpose Encourage and promote proper storage and parking conditions for a typical two-person household in VaiL Two-car garages promote housing with long-term occupancy, rather than interim housing. Local residents help improve the vitality of the local economy. 3. Maximum GRFA Remove the maximum GRFA requirementfor Type II EHU's. Purpose DiversifY the occupant type in Vail's employee housing base. Larger unit size lends itself to more permanent occupancy. There is no current local's housing that addresses middle-income professionals (salespeople, attorneys, town planners, young doctors, etc.). This occupant type is important to improving the lackluster local economy. Many local professionals desire to live in the Town of Vail, but much of the free-market housing is very dated (age and floor plans), thus they migrate down valley looking for better selection. The applicant requests that the planning staff include the above text amendments in their discussions and presentation to the Planning and Environmental Commission on March 24,2003, regarding proposed text . amendments to the Vail Town Code to allow Type II employee housing units as a pennitted use and to eliminate a Type II employee housing unit as a conditional use in Single-Family, Two-Family and Primary­ Secondary zone districts. Thank you for your time and consideration. -----.:J I I I I I I \ 1 I. I I I \ I• l f. MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: April 28, 2003 SUBJECT: A request for a recommendation to the Vail Town Council of proposed text amendments to amend Section 12-13-4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements and setting forth details in regard thereto. Applicant: AMS Development, Inc., represented by Greg Amsden Planner: Bill Gibson I. SUMMARY The applicant, AMS Development, Inc., represented by Greg Amsden is requesting a text amendment to Section 12-13-4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements. Based upon staffs review of the criteria in Section VI of this memorandum, the Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of denial to the Town Council of the requested text amendments, subject to the findings noted in Section VII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, AMS Development, Inc., is proposing text amendments to Section 12-13­ 4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements. Based upon discussions from the Planning and Environmental Commission's April 14, 2003, public hearing, the applicant has revised the proposed text amendment application (see Attachment A). The applicant is proposing three amendments to the Town's Type II EHU requirements: 1) to allow EHUs to be sold or transferred separately 2) to allow for up to an additional 300 sq. ft. of garage floor area credits on lots larger than 24,000 sq. ft. in area (see Attachment D), and to amend the maximum gross residential floor area (GRFA) limit from 1,200 sq. ft. to 1,600 sq. ft. The speCific proposed text amendments are as follows: (deletions are shown in strike through/additions are shown bold) 1 12-13-4: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU) TYPE ~~~~ ~~---~ -----~ ~ ~~- EHU Zoning districts permitted by right Ownershipl Transference Additional GRFA1 Additional Site Coverage IReduced Garage Credit/Storage Parking Minimuml Maximum GRFA or by conditional Landscape Area Requirement of an EHU use Type II Conditional Use: +Re e~bJ sRall The EHU is n/a Allowed 300 sq. Per Chapter 12-10 300 sq. ft. I Single-Family Residential, Two- Family Residential, PrimarylSeconda ry Residential, Agriculture & Open Space Aet ae seld eF tFaAsfeFFed sej:laFately ffem tRe wRit it is asseciated witR. The EHU may be sold or transferred as entitled to an additional 500 sq. ft. GRFA credit. ft. of additional garage area per enclosed vehicle space at a maximum of 2 parking spaces (600 sq.ft.) for the EHU on lots larger than 24,000 sq. ft. in as a dwelling unit. minimum. -1-¢00-1,600 sq. ft. maximum. area. a separate unit on the property. All units not constructed with a garage shall be required a minimum 75 sq. ft. of storage area in addition to normal closet space. This 75 sq. ft. shall be a credit for storage only. -------­'--­ Density Allowed as third unit on property. Does not count as density. 2 1 i I ! i •I, i i I I,I 1 j 1 I ~ I I ~ I, -l i ~ i j i i I I ! ~ i i ~ i I !, ,l I i ! I I i ! ! III. BACKGROUND In September and December of 1992, the Town Council passed Ordinances 9 and 27, Series of 1992, to create Chapter 13 (Employee Housing) which provides for the addition of Employee Housing Units (EHUs) as permitted or conditional uses within certain zone districts. In April of 2000, the Town Council passed Ordinance 6, Series of 2000, to repeal and reenact this chapter and provide additional incentives for the creation of employee housing in Vail. Type II EHUs are allowed as a conditional use on properties with conforming lots sizes in the Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (P/S), and Agriculture and Open Space (A) districts, which account for approximately 788 lots within the Town of Vail. Since 1994 the Town of Vail has approved more than 20 Type II EHUs on these properties. The Planning and Environmental Commission reviewed and discussed this proposal at its April 14, 2003, public hearing. This proposal was tabled by a vote of 7-0 to the Planning and Environmental Commission's April 28, 2003, public hearing. Excerpts from the draft April 14, 2003, meeting minutes have been attached for reference (see Attachment B). Based upon discussions from the Planning and Environmental Commission's April 14, 2003, public hearing, the applicant has revised the proposed text amendment application (see Attachment A). IV. ROLES OF REVIEWING BODIES Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for forwarding a recommendation of approval/approval with conditions/denial to the Town Council of a text amendment. The Planning & Environmental Commission shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and 5. Such other factors and criteria the Commission deems applicable to the proposed text amendment. Design Review Board: Action: The Design Review Board has NO review authority of a text amendment or conditional use permit, but must review any accompanying Design Review application. 3 Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. The Town Council is responsible for final approval/approval with conditions/denial of a text amendment. The Town Council shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memorandum 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. V. APPLICABLE PLANNING DOCUMENTS Type " EHUs are allowed as conditional uses in the Single-Family Residential, Two­ Family Residential, Two-Family Primary/Secondary Residential, and Agriculture and Open Space Districts. Town of Vail Zoning Regulations (Title 12. Vail Town Code) Chapter 12-1: Title, Purpose and Applicability (in part) 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 4 conserve and enhance its natural environment and its established character as a resort and residential community of high quality. Article 12-6B: Single-Family Residential (SFR) district (in part) 12-68-1: PURPOSE: The single-family residential district is intended to provide sites for low density single-family residential uses, together with such public facilities as may be appropriately located in the same district. The single-family residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. Article 12-6C: Two-Family Residential (R) district (in part) 12-6C-1: PURPOSE: The two-family residential district is intended to provide sites for low density single family or two-family residential uses, together with such public facilities as may be appropriately located in the same district. The two-family residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. Article 12-6D: Two-Family PrimarylSecondary Residential (PIS) district (in part) 12-60-1: PURPOSE: The two-family primary/secondary residential district is intended to provide sites for single-family residential uses or two-family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same district. The two-family primary/secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. Article 12-8A: Agriculture and Open Space (A) district (in part) 12-BA-1: PURPOSE: The Agricultural and Open Space District is intended to preserve agricultural, undeveloped, or open space lands from intensive development while permitting agricultural pursuits and low density residential use consistent with agricultural and open space objectives. Parks, schools, and certain types of private recreational facilities and institutions also are suitable uses in the Agricultural and Open Space District, provided that the sites of these uses remain predominantly open. Site development standards are intended to preclude intensive urban development and to maintain the agricultural and open space characteristics of the District. 5 r Chapter 12-13: Employee Housing (in part) 12-13-1: PURPOSE: The Town's economy is largely tourist based and the health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a strong, high quality and consistently available work force. To achieve such a work force, the community must work to provide quality living and working conditions. Availability and affordabiJity of housing plays a critical role in creating quality living and working conditions for the community's work force. The Town recognizes a permanent, year-round population plays an important role in sustaining a healthy, viable community. Further, the Town recognizes its role in conjunction with the private sector in ensuring housing is available. The Town Council may pursue additional incentives administratively to encourage the development of employee housing units. These incentives may include, but are not limited to, cash vouchers, fee waivers, tax abatement and in­ kind services to owners and creators of employee housing units. The Town or the Town's designee may maintain a registry and create lists of all deed restricted housing units created in the Town to assist employers and those seeking housing. Chapter 12-2: Definitions (in part) EMpLOYEE HOUSING UNIT (EHU): A dwelling unit which shall not be leased or rented for any period less than thirty (30) consecutive days, and shall be occupied by at least one person who is an employee. For the purposes of this definition "employee" shall mean a person who works an average of thirty (30) hours per week or more on a year round basis in Eagle County, Colorado. Vail Land Use Plan Chapter /I Land Use Plan Goals/Policies 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 development areas (infifl areas). 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. 5.3 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 fuJI range of housing types. 6 I 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. 1 Chapter VI Proposed Land Use1 I LOR Low Density Residential: This category includes single-family detached homes and two family dwelling units. Density of development within this category would typically not exceed 3 structures per buildable acre. Also within this area ) I would be private recreation facilities such as tennis courts, swimming pools and t club houses for the use of residents of the area. Institutional/public uses permitted would include churches, fire stations, and parks and open space related facilities. I I OS Open Space: Passive recreation areas such as greenbelts, stream corridors ~ and drainage ways are the types of areas in this category. Hillside which were ! classified as undevelopable due to high hazards and slopes over 40% are also included within this area. These hillside areas would still be allowed types ofI development permitted by existing zoning, such as one unit per 35 acres, for I ! areas in agricultural zoning. Also, permitted in this area would be institutional/public uses. I VI. CRITERIA AND FINDINGS The revie'w criteria and factors for consideration for a request of a text amendment are established in accordance with the provisions of Chapter 12-3, Vail Town Code (Ordinance No.4, Series 2002). A. Consideration of Factors Regarding the Text Amendment: 1. The extent to which the text amendment furthers the general and specific purposes ofthe Zoning Regulations; and, A Type II EHU is an allowed use within the Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (P/S), and Agriculture and Open Space (A) zone districts. The purpose of each of these zone districts is noted above in Section V of this memorandum. A purpose of each of these zone districts is to accommodate "low density" residential uses such as single-family and/or two-family residential dwelling units. Currently the provisions of Section 12-13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, speCifically allow a Type II EHUs as a third dwelling unit on a property and exclude a Type II EHUs from counting as density in these zone districts, since Type II EHUs are currently intended to function as a "caretaker" type apartment that is subordinate and accessory to a principle residential dwelling unit. By restricting Type II EHUs as a subordinate rental unit that is both physically and aesthetically integrated into a principle residential dwelling unit, the purpose and intent of accommodating "low density" residential uses in the Single-Family Residential (SFR), Two-Family Residential (R). Two­ Family Primary/Secondary Residential (P/S), and Agriculture and Open Space (A) zone districts is maintained. 7 r Staff believes that the proposed text amendments will significantly alter the nature, intent, and character of Type" EHUs. Staff believes that these proposed text amendments will alter the existing subordinate or accessory nature of Type" EHUs and elevate these units to a principle use of a property. By doing so, staff believes that Type " EHUs will no longer be desired as a unit physically and aesthetically integrated into another dwelling unit, but will be desired to function and aesthetically appear as an independent household. Staff believes that the proposed text amendments essentially convert Type" EHUs into a third dwelling unit and densjty for zoning purposes; which result in a "medium density" (tri-plex) residential development rather than the "low density" (single-family and duplex) residential development intended by the Town's current regulations. Therefore. staff does not believe that the proposed text amendments are consistent with the goals or objectives of the Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (P/S). and Agriculture and Open Space (A) zone districts. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and, Staff believes that the proposed text amendments specifically conform to the goals 1.1, 1.3. 1.12, 5.1, 5.3, 5.4, and 5.5 of the Vail Land Use Plan, as noted in Section V of this memorandum. However, a Type " EHU is an allowed use within the Single-Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential (P/S) zone districts. Properties located within these zone districts are typically designated as Low Density Residential (LOR) by the Land Use Plan. A Type II EHU is also an allowed use within the Agriculture and Open Space (A) zone district, and properties within this district are typically designated as Open Space (OS) by the Land Use Plan. Staff believes that the proposed text amendments will significantly alter the nature, intent, and character of Type" EHUs. Staff believes that these proposed text amendments will alter the existing subordinate or accessory nature of Type" EHUs and elevate these units to a principle use of a property. By doing so, staff believes that Type II EHUs will no longer be desired as a unit physically and aesthetically integrated into another dwelling unit, but will be desired to function and aesthetically appear as an independent household. Staff believes that the proposed text amendments essentially convert Type II EHUs into a third dwelling unit and density for zoning purposes; which result in a "medium density" (tri-plex) residential development rather than the "low density" (single-family and duplex) residential development intended by the Town's current regulations. The Vail Land Use Plan describes the "Low Density Residential" land use designation as residential development "typically not to exceed 3 structures per buildable acre" and the Open Space designation as recreation areas, agricultural uses, and limited residential development "such as one unit per 35 acres." 8 , Currently a lot within the Single-Family (SFR) Residential zone district meeting the minimum required lot size of 12,500 sq. ft. is permitted a residential density of approximately 3.5 units per acre. The addition of a Type II EHU functioning as a principle dwelling unit on the lot will increase the residential density of this property to approximately 7 units per acre. Similarly a lot within the Two-Family Residential (R) or Two-Family Primary/Secondary Residential (P/S) zone districts meeting the minimum required lot size of 15,000 sq. ft. is permitted a residential density of approximately 5.8 units per acre, and the addition of a Type II EHU functioning as a principle dwelling unit on the lot will increase the residential density of this property to approximately 8.7 units per acre. Staff does not believe that these increased residential densities are in conformance with the objectives of the "Low Density Residential" and "Open Space" land use designations. Therefore, staff does not believe that the proposed text amendments better implement nor better achieve the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan; nor does staff believe the proposed text amendments are compatible with the development objectives of the Town. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and, Staff does not believe that conditions have changed substantially since the adoption of Section 12-13-4, Vail Town Code; that Section 12-13-4, Vail Town Code, is no longer appropriate; nor that Section 12-13-4, Vail Town Code, is inapplicable. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and, Staff believes that the proposed text amendments will alter the nature, intent, and character of Type II EHUs in such a manner that does not provide a harmonious, convenient, workable relationship among land use regulations that are consistent with the Town of Vail master plans and development objectives. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. Nina Timm, Town of Vail Housing Coordinator, on behalf of the Vail Local Housing Authority, is supportive of these proposed text amendments. B. The Planning and Environmental Commission shall make the following findings before forwarding a recommendation of approval for of a text amendment: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 9 , 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. VII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of denial to the Vail Town Council fpr the proposed text amendments to Section 12-13-4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements and setting forth details in regard thereto. Staffs recommendation is based upon the review of the criteria in Section VI of this memorandum and the evidence and testimony presented, subject to the following findings: 1. That the amendments are not consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are not compatible with the development objectives of the Town; and 2. That the amendments do not further the general and specific purposes of the Zoning Regulations; and 3. That the amendments promote the health, safety, morals, and general welfare of the Town, but do not promote the coordinated and harmonious development of the Town in a manner that do not conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. VIII. ATTACHMENTS A. Vicinity map of properties eligible to construct a Type II EHU B. Applicant's revised Letter of Request C. Draft April 14, 2003, PEC meeting minutes D. Vicinity map of properties larger than 24,000 sq. ft. in area eligible to construct a Type II EHU 10 Approximate Lot Count based on Lot Size Criteria for Specific Zone Classes: Single Family Residential (>= 12500 sq. ft.) -approx. 58 lots; Primary/Secondary Residential (>= 15000 sq. ft.) -approx. 473 lots; Two-Family Residential (>= 15000 sq. ft.) -approx. 240 lots; Agricultural & Open Space (all) -approx. 17 lots (Aprroximate Total Count =788 lots) Parle Bu"erWest Vail Sandstone Creek Ellefson Parle .. Gore Creek Zone -Classes stephens Parle ~ Primary Secondary Residential ~ Single Family Residential ~ ~ Two Family Residential _ Agricultural & Open Space This map was aeated by the TO'tM'l 01 Vall GIS Department Use 01 tht8 map shouki be for general purposes onty. The TO'tM'l 01 VafI does not warrant ttle eccurllcy of ttle Infcwmatlon conlaJned herein. + East Vail Parle o Miles »....... ....... m () 1" =3000' =r 3 CD :::J ....... »4/28/03 1PR-23-2003 14:06 FROM:AMSDEN DAVIS &FOWLER 9704768637 TO: 970479245 AMS Development, Inc. 500 S. Frontage Road East, Stew 112 V:~jl, CO. 81657 Attachment: B April 22~ 2003 Town of Vail Dept. ofCommunity Development 75 South Frontage Road Vail. CO. 81657 RE: Application for Text Amendment to Chapter 12-13-4 Requirements by Employee Housing Unit Type REQUESTED AMENDMENT TypeJIEHU 1. Ownersbiprrransference Amend Ianguage to reflect the same requirement as Typc 1 EHU. "The EffU may he sold or tran.iferred as c, }j'eparate unit on the properly >I. Purpose Encourage and promote development ofemployee housing units by the private sector. This would provide a profit incentive to developers to construct additional BOO's within the Town of Vail. Under current zoning code, there is little or no incentive to create the additionalEHU on lots exceeding 14,000 square feet. 2. Garage/Storage Requirement Add the following language: "Allowed 300 sq.ft. ofgarage area per enclosed vehicle space a/ " maximum of2 parking spaces (600 sq.ft.) for lots in excess of 24,000 sqft. u. Purpose Encourage and prolllOte proper storage and parking conditions for a typical two-person household in Vail. Two-car garages promote hou.c;ing with long-term occupancy, mther than interim housing. Local residents help improve the vitality oftbe loca1 economy. . 3. Maximum GRFA Modify the maximum GRFA requirementfor Type II EHU':; to 1,600 sqft., but in no circumstance to exceed 25% of/he .!t'Um ofthe totaL allowable GRFA and credit.r a/l(rwed for the site. Purpose DiversifY the occupant type in Vail's employee housing base. Larger unit size lend.o; itself to more permanent occupancy. There is no current local's hou..;;ing that addresses middle-income professionals (salespeople, attorneys, town planners, young doctors, etc.). This occupant type is important to improving the lackluster local economy, Many local professionals desire to live in the Town ofVail, but much ofthe free-market housing is very dated (age and floor plans), thus they migrate down valley looking tor better selection. The 1,600 sq.ft. maximum would allow for a 3-bedroom Iloor plan APR-23-2003 14:06 FRDM:AMSDEN DAVIS &FOWLER 9704768637 TO: 9704792452 , Thank you fbr your time and consideration. \ \ Attachment: C r PLANNING AND ENVIRONMENTAL COMMISSION DRAFT PUBLIC MEETING MINUTES Monday, April 14,2003 7. A request for a recommendation to the Vail Town Council of proposed text amendments to amend Chapter 12-13-4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements and setting forth details in regard thereto. Applicant: AMS Development Inc. Planner: Bill Gibson Bill Gibson made a presentation per the staff memorandum Greg Amsden presented the proposed text amendments and said the existing regulations create a gap in the market, in terms of the type of employees that will occupy EHUs. He said this amendment creates a new incentive to construct EHUs and fill a niche in the market need and that this text amendment creates a private-sector funding source to build EHUs. He said this amended use will likely occur in West Vail and Matterhorn areas and it is unlikely to occur in "high dollar" neighborhoods. He said this type of unit will provide housing opportunities for local middle-income professionals and diversify the housing base. Greg then explained how, in his opinion, this amendment complies with the text amendment criteria. There was no public comment. Rollie Kjesbo stated he thought that this amendment would be making a duplex lot a triplex lot. George Lamb stated that he agreed with Greg that there is a need for this type of unit, but that this type of regulation is hard to create. He said this is the right direction, but it would be hard to regulate and that ORB may be inadequate to address the unintended consequences. He questioned how to do this? Erickson Shirley asked who would be eligible to live in these units. He said he is in favor of broadening the opportunities of housing types and shares some of Rollie's concems regarding ORB issues. Gary Hartman applauded Greg's efforts and he stated that it is important to dictate a size cap on the EHUs. Doug Cahill thought this would likely occur in West Vail and also applauded Greg's efforts. He asked how the streetscape of garage doors would be addressed and that a maximum cap is needed. He said the one car garage limit should be changed and mentioned that it will change the appearance of the neighborhood. Chas Bernhardt thought this was a great idea, but feels it needs further consideration to successfully implement. He said he is uncomfortable with the concept as proposed, but feels more study is needed. He too asked about the garage doors and to continue with this idea. John Schofield stated that the PEC needed input from the housing authority and ORB. He shares a concern with regard to density. He felt there needed to be an amendment to the 300 square foot garage limitation. He asked how GRFA would affect this proposal, how does this impact enforcement and how do you deal with the caps? Rollie Kjesbo tabled this until April 28, 2003. Chas Bernhardt seconded the motion. The motion passed by a vote of 7-0 Gary Hartman made a motion to table items 8 and 9 per the agenda. Chas Bernhardt seconded the motion. The motion passed by a vote of 7-0. George Lamb moved to adjourn. Erickson Shirley seconded the motion. The motion passed by a vote of 7-0. 2 Properties Equal to or Greater than 24000 sq. ft. Zoned: Single Family Residential, Two-Family Residential, Primary/Secondary Residential and Agricultural & Open Space Booth Creek + East Vail Park BufferWest Vail Sandstone Creek Park Ellefson Parle Stephens Park Thlt map wei aeated by the Town or Vall GIS Department. U.8 af thie map should be for general purposes onty. The Town of Vall does not warrant the accuracy of the Infonnatlon curtained herein. _ Gore Creek Zone -Classes ~ Primary Secondary Residential .. Single Family Residential ~ Two Family Residential _ Agricultural &Open Space o 1 Miles ~ ~ Q) (') 3 ~1" =3000' CD ~ ~ o 4/28/03 i: , FILE COpy MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: May 12, 2003 SUBJECT: A request for a recommendation to the Vail Town Council of proposed text amendments to amend Section 12-13-4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements and setting forth details in regard thereto. Applicant: Planner: AMS Development, Inc., represented by Greg Amsden Bill Gibson I. SUMMARY The applicant, AMS Development, Inc., represented by Greg Amsden is requesting text amendments to Section 12-13-4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements. The purpose of this meeting is for the Planning and Environmental Commission to hold a worksession to discuss revisions that the applicant has made to the proposed text amendments to address the comments and concerns expressed by the Planning and Environmental Commission at its April 28, 2003, public hearing. At this time, the Community Development Department is not making a recommendation for approval or denial of the proposed text amendments. The Community Development Department recommends that the Planning and Environmental Commission considers the evidence and testimony presented, provides direction to the applicant and staff, and then tables this item for further discussion to its next regularly scheduled public hearing on Monday, June 9, 2003. II. DESCRIPTION OF THE REQUEST The applicant, AMS Development, Inc., is proposing text amendments to Section 12-13­ 4,Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements. Based upon discussions from the Planning and Environmental Commission's April 14 and April 28, 2003. public hearings, the applicant has revised the proposed text amendment application (see Attachment A). The applicant is now proposing two amendments to the Town's Type II EHU requirements: 1) to allow Type II EHUs to be sold or transferred separately and 2) to amend the maximum gross residential floor area (GRFA) limit from 1,200 sq. ft. to 25% of the total allowable GRFA for the site with a maximum of 1,500 sq. ft. The specific proposed text amendments are as follows: (deletions are shown in strike through/additions are shown bold) 1 12-13-4: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU) TYPE EHU Zoning districts permitted by right or by conditional use Ownershipl Transference -----------_. +Ae EFHJ sl:!all Additional GRFA1 Additional Site Coverage IReduced Landscape Area Garage Credit/Storage Requirement Parking Minimuml Maximum GRFA of an EHU ..•.."..... Density --'1 ··~1.~ . ' Type II Conditional Use: Single-Family Residential, Two- Family Residential, PrimarylSeconda ry Residential, Agriculture & Open Space The EHU is entitled to an additional 500 sq. ft. GRFA credit. n/a Allowed 300 sq. ft. of additional garage area All units not constructed with a garage shall be required a minimum 75 sq. ft. of storage area in addition to normal closet space. This 75 Per Chapter 12-10 as a dwelling unit. 300 sq. ft. minimum. ~25%ofthe sum of the total GRFA and credits allowed for the site. but under no circumstance shall the size of the EHU exceed 1,500 sq. ft. maximum. Allowed'as. third unit on .. property. ." Does not count as density. not be sold or traRsferFed soparately from tAe ~lRit it is associated witl:!. The EHU may be sold or transferred as a separate unit on the property subject to sq. ft. shall be a approval of a credit for storage conditional only. use permit by the Planning and Environmental Commission. The EHU, If approved for resale, shall be both physically and aesthetically integrated Into the primary- secondary structure under consideration. , 2 , III. BACKGROUND In September and December of 1992, the Town Council passed Ordinances 9 and 27, Series of 1992, to create Chapter 13 (Employee Housing) which provides for the addition of Employee Housing Units (EHUs) as permitted or conditional uses within certain zone districts. In April of 2000, the Town Council passed Ordinance 6, Series of 2000, to repeal and reenact this chapter and provide additional incentives for the creation of employee housing in Vail. Type II EHUs are allowed as a conditional use on properties with conforming lots sizes in the Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (P/S), and Agriculture and Open Space (A) districts, which account for approximately 788 lots within the Town of Vail. Since 1994 the Town of Vail has approved more than 20 Type II EHUs on these properties. The Planning and Environmental Commission reviewed and discussed this proposal at its April 14, 2003, and April 28, 2003, public hearings. Based upon discussions from these previous public hearings, the applicant has revised the proposed text amendment application (see Attachment A). The principal issues related to these proposed text amendments remaining to be resolved include: • conformance with the residential density requirements of the zoning regulations and land use plan • architectural design of EHUs • appropriate number of garage spaces • effect on existing EHUs • allowing EHUs as a permitted use or conditional use IV. ROLES OF REVIEWING BODIES Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for forwarding a recommendation of approval/approval with conditions/denial to the Town Council of a text amendment. The Planning & Environmental Commission shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and 5. Such other factors and criteria the Commission deems applicable to the proposed text amendment. 3 Design Review Board: Action: The Design Review Board has NO review authority of a text amendment or conditional use permit, but must review any accompanying Design Review application. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Councilor by the Town Council. Town Council evaluates whether or not the Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overtum the board's decision. The Town Council is responsible for final approval/approval with conditions/denial of a text amendment. The Town Council shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memorandum 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. V. APPLICABLE PLANNING DOCUMENTS Type II EHUs are allowed as conditional uses in the Single-Family Residential, Two­ Family Residential, Two-Family Primary/Secondary Residential, and Agriculture and Open Space Districts. 4 , Town of Vail Zoning Regulations (Title 12, Vail Town Code) Chapter 12-1: Title, Purpose and Applicability (in part) 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. Article 12-68: Single-Family Residential (SFR) district (in part) 12-68-1: PURPOSE: The single-family residential district is intended to provide sites for low density single-family residential uses, together with such public facilities as may be appropriately located in the same district. The single-family residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family occupancy, and to maintain the desirable residential qualities of such' sites by establishing appropriate site development standards. Article 12-6C: Two-Family Residential (R) district (in part) 12-6C-1: PURPOSE: The two-family residential district is intended to provide sites for low density single family or two-family residential uses, together with such public facilities as may be appropriately located in the same district. The two-family residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. Article 12-60: Two-Family Primary/Secondary Residential (PIS) district (in part) 12-60-1: PURPOSE: The two-family primary/secondary residential district is intended to provide sites for single-family residential uses or two-family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same district. The two-family primary/secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. Article 12-8A: Agriculture and Open Space (A) district (in part) 12-8A-1: PURPOSE: The Agricultural and Open Space District is intended to preserve agricultural, undeveloped, or open space lands from intensive development while permitting agricultural pursuits and low density residential use consistent with agricultural 5 and open space objectives. Parks, schools, and certain types of private recreational facilities and institutions also are suitable uses in the Agricultural and Open Space District, provided that the sites of these uses remain predominantly open. Site development standards are intended to preclude intensive urban development and to maintain the agricultural and open space characteristics of the District. Chapter 12-13: Employee Housing (in part) 12-13-1: PURPOSE: The Town's economy is largely tourist based and the health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a strong, high quality and consistently available work force. To achieve such a work force, the community must work to provide quality living and working conditions. A vailability and affordability of housing plays a critical role in creating quality living and working conditions for the community's work force. The Town recognizes a permanent, year-round population plays an important role in sustaining a healthy, viable community. Further, the Town recognizes its role in conjunction with the private sector in ensuring housing is available. The Town Council may pursue additional incentives administratively to encourage the development of employee housing units. These incentives may include, but are not limited to, cash vouchers, fee waivers, tax abatement and in­ kind services to owners and creators of employee housing units. The Town or the Town's designee may maintain a registry and create lists of all deed restricted housing units created in the Town to assist employers and those seeking housing. Chapter 12-2: Definitions (in part) EMPLOYEE HOUSING UNIT (EHU): A dwelling unit which shall not be leased or rented for any period less than thirty (30) consecutive days, and shall be occupied by at least one person who is an employee. For the purposes of this definition "employee" shall mean a person who works an average of thirty (30) hours per week or more on a year round basis in Eagle County, Colorado. Vail Land Use Plan Chapter /I -Land Use Plan Goals/Policies 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 development areas (infill areas). 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. 6 \ 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. Chapter VI -Proposed Land Use LOR Low Density Residential: This category includes single-family detached homes and two family dwelling units. Density of development within this category would typically not exceed 3 structures per buildable acre. Also within this area would be private recreation facilities such as tennis courts, swimming pools and club houses for the use of residents of the area. Institutional/public uses permitted would include churches, fire stations, and parks and open space related facilities. OS Open Space: Passive recreation areas such as greenbelts, stream corridors and drainage ways are the types of areas in this category. Hillside which were classified as undevelopable due to high hazards and slopes over 40% are also included within this area. These hillside areas would still be allowed types of development pennitted by existing zoning, such as one unit per 35 acres, for areas in agricultural zoning. Also, pennitted in this area would be institutional/public uses. VI. CRITERIA AND FINDINGS The review criteria and factors for consideration for a request of a text amendment are established in accordance with the provisions of Chapter 12-3, Vail Town Code (Ordinance No.4, Series 2002). A. Consideration of Factors Regarding the Text Amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and, A Type II EHU is an allowed use within the Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PIS), and Agriculture and Open Space (A) zone districts. The purpose of each of these zone districts is noted above in Section V of this memorandum. A purpose of each of these zone districts is to accommodate "low density" residential uses such as single-family and/or two-family residential dwelling units. Currently the provisions of Section 12-13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, specifically allow a Type II EHUs as a third dwelling unit on a property and exclude a Type II EHUs from counting as density in these zone districts, since Type II EHUs are currently intended to function as a "caretaker" type apartment that is subordinate and accessory to a principle residential dwelling unit. Staff believes that these proposed text amendments 7 may alter the existing subordinate or accessory nature of Type II EHUs and elevate these units to a principle use of a property. Staff does believe that the revised text amendments are more consistent with the goals or objectives of the Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PIS), and Agriculture and Open Space (A) zone districts than the applicant's subsequent text amendments proposal. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and, Staff believes that the proposed text amendments specifically conform to the goals 1.1, 1.3, 1.12, 5.1, 5.3, 5.4, and 5.5 of the Vail Land Use Plan, as noted in Section V of this memorandum. However. a Type II EHU is an allowed use within the Single-Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential (PIS) zone districts. Properties located within these zone districts are typically designated as Low Density Residential (LDR) by the Land Use Plan. A Type II EHU is also an allowed use within the Agriculture and Open Space (A) zone district, and properties within this district are typically designated as Open Space (OS) by the Land Use Plan. Staff believes that the proposed text amendments may alter the nature, intent, and character of Type II EHUs. Staff believes that these proposed text amendments may alter the existing subordinate or accessory nature of Type II EHUs and elevate these units to a principle use of a property. Staff believes that the proposed text amendments may convert Type II EHUs into a third dwelling unit and density for zoning purposes; which result in a "medium density" residential development rather than the "low density" residential development intended by the Town's current regulations. The Vail Land Use Plan describes the "Low Density Residential" land use designation as residential development "typically not to exceed 3 structures per buildable acre" and the Open Space designation as recreation areas, agricultural uses, and limited residential development "such as one unit per 35 acres." Currently a lot within the Single-Family (SFR) Residential zone district meeting the minimum required lot size of 12,500 sq. ft. is permitted a residential density of approximately 3.5 units per acre. The addition of a Type II EHU functioning as a principle dwelling unit on the lot will increase the residential density of this property to apprOXimately 7 units per acre. Similarly a lot within the Two-Family Residential (R) or Two-Family Primary/Secondary Residential (PIS) zone districts meeting the minimum required lot size of 15,000 sq. ft. is permitted a residential density of approximately 5.8 units per acre, and the addition of a Type II EHU functioning as a principle dwelling unit oh the lot will increase the residential density of this property to approximately 8.7 units per acre. Staff does not believe that these increased residential densities are in conformance with the objectives of the "Low Density Residential" and "Open Space" land use designations. 8 ., Staff believe that the revised text amendments better implement and better achieve the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan, than the applicant's subsequent text amendments proposal. Also, staff believes the revised text amendments are more compatible with the development objectives of the Town than the applicant's subsequent text amendments proposal. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and, Staff does not believe that conditions have changed substantially since the adoption of Section 12-13-4, Vail Town Code; that Section 12-13-4, Vail Town Code, is no longer appropriate; nor that Section 12-13-4, Vail Town Code, is inapplicable. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and, Staff believes that the proposed text amendments may alter the nature, intent, and character of Type II EHUs in such a manner that does not provide a harmonious, convenient, workable relationship among land use regulations that are consistent with the Town of Vail master plans and development objectives. However, again staff believes that the revised text amendments more closely meet these criteria than the applicant's subsequent text amendments proposal. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. B. The Planning and Environmental Commission shall make the following findings before forwarding a recommendation of approval for of a text amendment: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 9 VII. STAFF RECOMMENDATION At this time, the Community Development Department is not making a recommendation for approval or denial of the proposed text amendments. Therefore, the Community Development Department does not recommend that the Planning and Environmental Commission make a recommendation to the Town Council at this time for the proposed text amendments. The Community Development Department recommends that the Planning and Environmental Commission considers the evidence and testimony presented, provides direction to the applicant and staff, and then tables this item for further discussion to its next regularly scheduled public hearing on Monday, June 9,2003. VIII. ATTACHMENTS A. Applicant's revised Letter of Request 10 I' MAY-08-2003 11:12 FROM:AMSDEN DAVIS &FOWLER 9704768637 TO: 970479245 \ Attachment: A AMS Developnlent, Inc. 500 S. Fl"Onl:a!,'1! Road Fa.."" Ste. 112 Vail, CO. 81657 May 8,2003 TownorVail Dept. of Community Development 75 South Fr.ontage Road Vall, CO. 81657 RE: ApplicatioD for Text Amendment to Chapter 12-13-4 Requirements by Employee Housing Unit Type REQUESTED AMENDMENT Type 11 Em1 1.Ownershiprrransfercnce Add the following language: "The ERU may he sold or fran.yeTTed as a separate unit on the property subject to approval ofa conditional use permit by the Planning and Environmental Comnlif.don. The EHIf, ifapprovedfor resale, sllall be both physicaUy and ae.fthetically integrated into the primary-secondary structl,re under c(lftsideratioll t,. Purpose Encourage and promote development of employee housjng units by the private sector. This would provide a profit incenti.ve to deVelopers to conslTuct additional EHU's within the Town ofVail. Under current zoning code, there is little or no incentive to create the additional EHU on lots exceeding 14,000 square fect. 2. Garage/Storage Requirement Wjthdraw tcxt amendment request. 3. Maximum GRFA Amend the maximum GRFA rcquirement ror Type II EOO's as 'follows: U25% ofthe sum ofthe total GRFA and credits allowedfor the site, but unUT no circum-fiance shall the size ofthe EHU excud 1,500 sq.ft." Voice (970)-479-0337 Fax (970)-4/'9.5278 MRY-08-2003 11:12 FROM:AMSDEN DAVIS &FOWLER 9704768637 TO: 9704792452 Purpose Diversify the occupant type in Vail's emp,loyee housing base. Larger unit si7..e lends itseJfto more permanent occupancy. Therc is no current local's housing that addresses middle-income professionals (salespeople, attorneys., town planners, young doctors, etc.). This occupant typc is important to improviDg the lackluster local economy. Many local professionals desire to Hve in the 1'own of Vail, but much ofthe free­ market housing is very dated (age and tloor plans), thus they migrate down valley looking for better selection. The 1.500 sq.ft. maximum would allow fo:r a large 2-bedroom or moderatc sjzed 3·bedroom floor plan. Thank you fur your time and consideration. ---~'--~~--------------~----~--.-,.-.--••-"-,~~~.~.-~~-,-'--'.~""~-'-~~~~~--~-,.~-~ EXAMPLE OF PROPOSE·D SIZE RESTRICTION ON TYPE II EH U'S Standard EHU Total GRFA 25% EHU Lot Size GRFA Credit Credit and Credits Maximum 14,000 sq.ft. 3.500 + 850 + 500 4,850 sq.rt. 1,212 sq.ft. 18,000 sq.ft. 4,050 + 850 + 500 5,400 sq.ft. 1,350 sq.ft. 22,000 sq.«. 4,450 + 850 + 500 5,800 sg •ft. 1,450 sq.ft. 25,000 sq.ft. 4.750 + 850 + 500 6,000 sq.ft. 1,500 sq.ft. 28,000 sq.rt. 5,050 + 850 + 500 6,400 sq.fl. 1,600 sq.ft.Wit .. This site would be restricted to the maximum limit of 1,500 sq. ft. As indicated in the examples above, once the lot size exceeds 25,000 sq.ft., the maximum limit ofl,SOO sq.ft. takes etIect. ...,~"..~~,--~-~~-~-~~,--~~,"~-~-~'~'~..~-..:...-.",-."~~~-~,~.,.•-,,,£,-",,~"-""-'''~ .--.. 3:D -< I IS) ro I ru ~ ...... ...... ...... ru ~ 3:.. D 3: Ul 0 m z 0 ~ H Ul ~ a E ~ :;0 I.D ~ ..b ..,J (Jl ro (Jl (..J ..,J d I.D ..,J ~ ~ ..b U1 ru iJ ..b "­..b •( • MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: June 9, 2003 SUBJECT: A request for a recommendation to the Vail Town Council of proposed text amendments to amend Section 12-13-4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements and setting forth details in regard thereto. Applicant: AMS Development, Inc., represented by Greg Amsden Planner: Bill Gibson I. SUMMARY The applicant, AMS Development, Inc., represented by Greg Amsden is requesting a text amendment to Section 12-13-4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements. Based upon staffs review of the criteria in Section VI of this memorandum, the Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of denial to the Town Council of the requested text amendments, subject to the findings noted in Section VII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, AMS Development, Inc., is proposing text amendments to Section 12-13­ 4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type " EHU requirements. Based upon discussions from the Planning and Environmental Commission's April 14, April 28, and May 12, 2003, public hearings, the applicant has revised the proposed text amendment application (see Attachment A). The applicant is now proposing two amendments to the Town's Type II EHU requirements: 1) to allow Type II EHUs to be sold or transferred separately and 2) to amend the maximum gross residential floor area (GRFA) limit from 1,200 sq. ft. to 25% of the total allowable GRFA for the site with a maximum of 1,500 sq. ft. The specific proposed text amendments are as follows: (deletions are shown in strike through/additions are shown bold) 1 ------- ---- 12~13-4: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU) TYPE EHU Zoning districts permitted by right Ownershipl Transference Additional GRFA1 Additional Site Coverage IReduced Garage CrediUStorage Parking Minimuml Maximum GRFA Density or by conditional Landscape Area Requirement of an EHU use Type II Conditional Use: +1=!9 EFHJ sRa# The EHU is nla Allowed 300 sq. Per Chapter 12~10 300 sq. ft. itSingle~F amily Residential, Two- Family Residential, PrimarylSeconda R9t 99 s91El 9F tFaRSfeFFElEl sa~aFately from iRS I:lRit it is ass9ciatedwitl=!. entitled to an additional 500 sq. ft. GRFA credit. ft. of additional garage area All units not constructed with as a dwelling unit. minimum. :t--,2QQ-25% of the sum of the total GRFAand credits allowed third un on property. Does not ry Residential, Agriculture & Open Space The EHU may be sold or a garage shalf be required a minimum 75 sq. for the site, but under no circumstance shall the size of count a density. s transferred as ft. of storage area the EHU exceed a separate unit in addition to 1,500 sq. ft. on the normal closet maximum. property space. This 75 subject to sq. ft. shall be a approval of a credit for storage conditional only. use permit by the Planning and Environmental Commission. The EHU, if approved for resale, shall be both physically and aesthetically integrated into the primary- secondary structure under consideration. Allowed as 2 '"" • III. BACKGROUND In September and December of 1992, the Town Council passed Ordinances 9 and 27, Series of 1992, to create Chapter 13 (Employee Housing) which provides for the addition of Employee Housing Units (EHUs) as permitted or conditional uses within certain zone districts. In April of 2000, the Town Council passed Ordinance 6, Series of 2000, to repeal and reenact this chapter and provide additional incentives for the creation of employee housing in Vail. Type II EHUs are allowed as a conditional use on properties with conforming lots sizes in the Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PIS), and Agriculture and Open Space (A) districts, which account for approximately 788 lots within the Town of Vail. Since 1994 the Town of Vail has approved more than 20 Type II EHUs on these properties. The Planning and Environmental Commission reviewed and discussed this proposal at its April 14, April 28, and May 12, 2003, public hearings. Based upon discussions from these previous public hearings, the applicant has revised the proposed text amendment application (see Attachment A). IV. ROLES OF REVIEWING BODIES Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for forwarding a recommendation of approval/approval with conditions/denial to the Town Council of a text amendment. The Planning & Environmental Commission shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and 5. Such other factors and criteria the Commission deems applicable to the proposed text amendment. Design Review Board: Action: The Design Review Board has NO review authority of a text amendment or conditional use permit, but must review any accompanying Design Review application. Town Council: Actions of DeSign Review Board or Planning and Environmental Commission may be appealed to the Town Councilor by the Town Council. Town Council evaluates whether 3 or not the Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. The Town Council is responsible for final approval/approval with conditions/denial of a text amendment. The Town Council shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memorandum 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. V. APPLICABLE PLANNING DOCUMENTS Type II EHUs are allowed as conditional uses in the Single-Family Residential, Two­ Family Residential, Two-Family Primary/Secondary Residential, and Agriculture and Open Space Districts. Town of Vail Zoning Regulations (Title 12, Vail Town Code) Chapter 12-1: Title, Purpose and Applicability (in part) 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. 4 Chapter 12-2: Definitions (in part) EMPLOYEE HOUSING UNIT (EHU): A dwelling unit which shall not be leased or rented for any period less than thirty (30) consecutive days, and shall be occupied by at least one person who is an employee. For the purposes of this definition "employee" shall mean a person who works an average of thirty (30) hours per week or more on a year round basis in Eagle County, Colorado. Article 12-68: Single-Family Residential (SFR) district (in part) 12-68-1: PURPOSE: The single-family residential district is intended to provide sites for low density single-family residential uses, together with such public facilities as may be appropriately located in the same district. The single-family residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. Article 12-6C: Two-Family Residential (R) district (in part) 12-6C-1: PURPOSE: The two-family residential district is intended to provide sites for low density single family or two-family residential uses, together with such public facilities as may be appropriately located in the same district. The two-family residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. Article 12-60: Two-Family Primary/Secondary Residential (P/S) district (in part) 12-60-1: PURPOSE: The two-family primary/secondary residential district is intended to provide sites for single-family residential uses or two-family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same district. The two-family primary/secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. Article 12-6E: Residential Cluster (RC) district (in part) 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 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 district by establishing appropriate site development standards. 5 Article 12-6F: Low Density Multiple-Family (LDMF) district (in part) 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 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 district by establishing appropriate site development standards. Article 12-8A: Agriculture and Open Space (A) district (in part) 12-BA-1: PURPOSE: The Agricultural and Open Space District is intended to preserve agricultural, undeveloped, or open space lands from intensive development while permitting agricultural pursuits and low density residential use consistent with agricultural and open space objectives. Parks, schools, and certain types of private recreational facilities and institutions also are suitable uses in the Agricultural and Open Space District, provided that the sites of these uses remain predominantly open. Site development standards are intended to preclude intensive urban development and to maintain the agricultural and open space characteristics of the District. Chapter 12-13: Employee Housing (in part) 12-13-1: PURPOSE: The Town's economy is largely tourist based and the health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a strong, high quality and consistently available work force. To achieve such a work force, the community must work to provide quality living and working conditions. Availability and affordabi/ity of housing plays a critical role in creating quality living and working conditions for the community's work force. The Town recognizes a permanent, year-round population plays an important role in sustaining a healthy, viable community. Further, the Town recognizes its role in conjunction with the private sector in ensuring housing is available. The Town Council may pursue additional incentives administratively to encourage the development of employee housing units. These incentives may include, but are not limited to, cash vouchers, fee waivers, tax abatement and in­ kind services to owners and creators of employee housing units. The Town or the Town's designee may maintain a registry and create lists of all deed restricted housing units created in the Town to assist employers and those seeking housing. Vail Land Use Plan Chapter 1/-Land Use Plan Goals/Policies 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. 6 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 development areas (infill areas). 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. 5.3 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. Chapter VI-Proposed Land Use LDR Low Density Residential: This category includes single-family detached homes and two family dwelling units. Density of development within this category would typically not exceed 3 structures per buildable acre. Also within this area would be private recreation facilities such as tennis courts, swimming pools and club houses for the use of residents of the area. Institutional/public uses permitted would include churches, fire stations, and parks and open space related facilities. MDR Medium Density Residential: The medium density residential category includes housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional/public uses such as parks and open space, churches, and fire stations. OS Open Space: Passive recreation areas such as greenbelts, stream corridors and drainageways are the types of areas in this category. Hillside which were classified as undevelopable due to high hazards and slopes over 40% are also included within this area. These hillside areas would still be allowed types of development permitted by existing zoning, such as one unit per 35 acres, for areas in agricultural zoning. Also, permitted in this area would be institutional/public uses. VI. CRITERIA AND FINDINGS The review criteria and factors for consideration for a request of a text amendment are established in accordance with the provisions of Chapter 12-3, Vail Town Code (Ordinance No.4, Series 2002). 7 A. Consideration of Factors Regarding the Text Amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and, A Type II EHU is a conditional use within the Single-Family Residential (SFR). Two-Family Residential (R), Two-Family Primary/Secondary Residential (P/S). and Agriculture and Open Space (A) zone districts. The purpose of each of these zone districts is noted above in Section V of this memorandum. A purpose of each of these zone districts is to accommodate "low density" residential uses such as single-family and/or two-family residential dwelling units. Currently the provisions of Section 12-13-4. Requirements by Employee Housing Unit (EHU) Type. Vail Town Code, specifically allow a Type II EHUs as a third dwelling unit on a property and exclude a Type II EHUs from counting as density in these zone districts, since Type II EHUs are currently intended to function as a "caretaker" type apartment that is subordinate and accessory to a principle residential dwelling unit. Staff believes that these proposed text amendments may alter the existing subordinate or accessory nature of Type II EHUs and elevate these units to a principle use of a property. Staff does believe that the revised text amendments are more consistent with the goals or objectives of the Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (P/S), and Agriculture and Open Space (A) zone districts than the applicant's subsequent text amendments proposal. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and, Staff believes that the proposed text amendments specifically conform to the goals 1.1, 1.3, 1.12, 5.1, 5.3, 5.4, and 5.5 of the Vail Land Use Plan, as noted in Section V of this memorandum. However. a Type II EHU is a conditional use within the Single-Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential (P/S) zone districts. Properties located within these zone districts are typically designated as Low Density Residential (LOR) by the Land Use Plan. A Type II EHU is also a conditional use within the Agriculture and Open Space (A) zone district, and properties within this district are typically designated as Open Space (OS) by the Land Use Plan. Staff believes that the proposed text amendments may alter the nature, intent, and character of Type II EHUs. Staff believes that these proposed text amendments may alter the existing subordinate or accessory nature of Type II EHUs and elevate these units to a principle use of a property. Staff believes that the proposed text amendments may convert Type II EHUs into a third dwelling unit and density for zoning purposes; which result in a "medium density" residential development rather than the "low density" residential development intended by the Town's current regulations. 8 The Vail Land Use Plan describes the "Low Density Residential" land use designation as residential development "typically not to exceed 3 structures per buildable acre" and the Open Space designation as recreation areas, agricultural uses, and limited residential development "such as one unit per 35 acres." Currently a lot within the Single-Family (SFR) Residential zone district meeting the minimum required lot size of 12,500 sq. ft. is permitted a residential density of approximately 3.5 units per acre by zoning. The addition of a Type II EHU functioning as a principle dwelling unit on the lot will increase the residential density of this property to approximately 7 units per acre. Similarly a lot within the Two-Family Residential (R) or Two-Family Primary/Secondary Residential (P/S) zone districts meeting the minimum required lot size of 15,000 sq. ft. is permitted a residential density of approximately 5.8 units per acre by zoning, and the addition of a Type 1\ EHU functioning as a principle dwelling unit on the lot will increase the residential density of this property to approximately 8.7 units per acre. Staff does not believe that these increased residential densities are in conformance with the objectives of the "Low Density Residential" and "Open Space" land use designations. Staff does not believe that the revised text amendments better implement and better achieve the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan. Staff believes that a proposal of this nature is more compatible with the development objectives of the Medium Density Residential (MDR) land use designation and the Residential Cluster (RC) and Low Density Multiple-Family (LDMF) zone districts. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and, Staff does not believe that conditions have changed substantially since the adoption of Section 12-13-4, Vail Town Code; that Section 12-13-4, Vail Town Code, is no longer appropriate; nor that Section 12-13-4, Vail Town Code, is inapplicable. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and, By essentially allowing a triplex type structures on duplex zoned properties, staff believes that the proposed text amendments may alter the nature, intent, and character of Type \I EHUs in such a manner that does not provide a harmonious, convenient, workable relationship among land use regulations that are consistent with the Town of Vail master plans and development objectives. Staff believes that a proposal of this nature is more harmonious with the development objectives of the Medium Density Residential (MDR) land use designation and the Residential Cluster (RC) and Low Density Multiple-Family (LDMF) zone districts. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. 9 B. The Planning and Environmental Commission shall make the following findings before forwarding a recommendation of approval for of a text amendment: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. VII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of denial to the Vail Town Council for the proposed text amendments to Section 12-13-4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type" EHU requirements and setting forth details in regard thereto. Staffs recommendation is based upon the review of the criteria in Section VI of this memorandum and the evidence and testimony presented, subject to the following findings: 1. That the amendments are not consistent with the applicable elements of the adopted goals, opjectives and policies outlined in the Vail Comprehensive Plan and are not compatible with the development objectives of the Town; and 2. That the amendments do not further the general and specific purposes of the Zoning Regulations; and 3. That the amendments promote the health, safety, morals, and general welfare of the Town, but do not promote the coordinated and harmonious development of the Town in a manner that do not conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. VIII. ATTACHMENTS A. Applicant's revised Letter of Request 10 ,, MAY-27-2003 09:08 FRoM:AMSDEN DAVIS &FOWLER 9704768637 TO: 9704792452 \ ) \ Attachment: A AMS Developrncnt, Inc. 500 S. Frontage Road l-:"lSt, Ste. 112 Vail, CO. 81657 May 27, 2003 Town of Vail Dept. of Community Development 75 South Frontage Road Vail. CO. 81657 RE: Application for Text Amendment to Chapter 12-13-4 Requirements by Employee Hous,ing Unit Type c.'urrent Type n Employee Housing al10ws for a third unit, up to 1,200 sq.ft. in Si7..e, to be constructed upon a primary-secondary lot containing more than 14,000 sq.ft .. This unit is requircd to be an EHU and must be a rental unit under the current zoning rebJUmtions. The applicant is requesting no additional densi(v.in this amendment. The applicant wishes to modifY the code on lots exceeding 20,000 sq.ft. to allow for resale of the EHU, if con.!>1:ructed, and to increase the si7'..e limitation to 25% of the sum (lfthe total GRFA and credits allowed, up to a maximum ofl,500 sq.ft .. REQUESTED AMENDMENT J:ype II ERU 1. Ownershipffransference Add the following language: "The EHU may be !lold {Jr transferred as a separate unit subject to approval ofa conditional use permit by tJte Plmming and Environmental Commission. The EHU, if approvedjor resole, shall be both phY~'ically and aesthetically integrated inlo the priltulry-secondary structure under consideration'1. The applicant recommends that the Planning and Environmental Commission ("PEe") establish a minimum lot size or20,000 sq.ft. as a guideline for consideration of such "resale" EHU's under the clmditional use process. The establishment ofthis guideline shall allow PEe\ flexibility in consideration of each application as it applies to surrounding'property types and uses. Voice (970}-479-0i\31 3IJ.lSdcn@vai1.nct }I-ax (970}419-5278 MAY-27-2003 09:08 FRoM:AMSDEN DAVIS &FoWLER 9704768637 TO: 9704792452 Purpose Encourage and promote development of employee housing units by the private sector. This would provide a profit incentive to developers to construct additional EHU's within the Town ofVali. Under current zoning code, there is no incentive to create the additional EHU on lots exceeding 14,000 square feet. , { 2. Garage/Storage Requirement Withdraw teh,i amendment reques.t.l \ 3. Maximum GRFA Amend the maximum GRFA requirement for Type n EHU's as follows: l'On EHU~s that intended to be sold or tramjerred, the maximum .~·iz.e ...·hall be2S% ofthe sum ofthe total GRFA and\ credits allowed for the .file, but under no circumstance shall the size ofthe ElIll exceed 1,500 sq.fL." Purpose Diversify the occupant type in Vail':; employee housing base. Larger unit size lends itself to more pcrmanent occupancy. There is no current local's housing that addresses middle·income professionals (salespeople, attorneys, town planners, young doctors, etc.). This occupant type is important to improving the lackluster local economy. Many local professionals desire to live in the Town ofVajl, but much ofthe free-market housing is very dated (age and floor plans), thus they migrate down valley looking for better selection. The 1,500 sq.ft. maximum would allow for a large 2-bedroom or moderate sized 3-bedroom. floor plan. Thank you fen" your time and consideration. \ Sincerely, AMS Development. Inc. Gregory M. Amsden. President \ I MEMORANDUM TO: Town Council FROM: Community Development Department DATE: July 1, 2003 SUBJECT: Ordinance No. 16, Series of 2003, a request for text amendments to Section 12-13-4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to -amend the Type II EHU requirements and setting forth details in regard thereto. TSWR sf "Pi' LlM/ h .. _. _If) -...... -+­Applicant: «TI 'aIL n l '[,,> Y ~vUj r"''''''''' Planner: Bill Gibson I. DESCRIPTION OF THE REQUEST The applicant, AMS Development, is proposing to amendments to Section 12M13 M 4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements. Please refer to the attached staff memorandum to the Planning and Environmental Commission dated June 9, 2003, for a more detailed description of this request and additional related information. II. BACKGROllND At its June 9, 2003 public hearing, the Planning and Environmental Commission voted 6-1 to forward a recommendation of approval with conditions to the Town Council of the requested text amendment. The Commission's recommendation was based upon the review of the criteria noted in Section VI of the June 9, 2003, staff memorandum and the evidence and testimony presented, with the findings noted in Section VII of the MaGCh Z!4;::28Q!3, sJaff memorandum. ~UAc.-"I 'Z"'lGIII. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council deny Ordinance No. 16, Series of 2003, on first reading to amend Section 12­ 13-4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code. Staffs recommendation is based upon the review of the criteria noted in Section V of the June 9, 2003, staff memorandum and the evidence and testimony presented. Should the Town Council choose to approve Ordinance No. 16, Series of 2003, on first reading, the Community Development Department recommends the Town Council makes the following findings: 1 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 3. That the amendment promotes the health, safety. morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. IV. ATTACHMENTS Attachment A: Ordinance No. 16, Series 2003 Attachment B: Staff memorandum to PEC dated June 9, 2003 Attachment C: Applicant's letter dated June 13, 2003 2 Attachment: A ORDINANCE NO. 16 Series of 2003 AN ORDINANCE AMENDING SECTIONS 12-13-3 AND 12-13-4, VAIL TOWN CODE, TO ALLOW FOR THE SALE OR TRANSFER OF A TYPE II EMPLOYEE HOUSING UNIT IN THE SINGLE· FAMILY RESIDENTIAL (SFR), TWO-FAMILY RESIDENTIAL (R). TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (PS) , AND AGRICULTURE & OPEN SPACE (A) DISTRICTS AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this text amendment at its June 9, 2003, meeting, and has submitted its recommendation to the Town Council; and WHEREAS, the Vail Town Council finds that the amendments are 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 WHEREAS, the Vail Town Council finds that the amendments further the general and specific purposes of the Zoning Regulations; and WHEREAS, the Vail Town Council finds that the amendments promote the health, safety, morals, and general welfare of the Town and promote 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 ofthe highest quality. Ordinance No. 16, Series of 2003 1 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Sections 12-13-3 of the Vail Town Code shall hereby be amended as follows: (deletions are shown in strike threugh/additions are shown bold) G. Type II EHUs, Sold or Transferred Separately 1. Type" EHUs, sold or transferred separately, shall require approval of a conditional use permit in accordance with Chapter 12-16, Conditional Use Permits, Vail Town Code. 2. Type II EHUs, sold or transferred separately, shall be required a minimum of one enclosed parking space and adequate additional storage, as determined by the Planning and Environmental Commission. 3. Type" EHUs, sold or transferred separately, shall be physically and aesthetically integrated into a primary residence of the property. 4. Type" EHUs, sold or transferred separately, shall only be allowed on sites with adequate lot size, as determined by the Planning and Environmental Commission. Section 2. Sections 12-13-4 of the Vail Town Code shall hereby be amended as follows: (deletions are shown in strike through/additions are shown bold) Ordinance No. 16. Series of 2003 2 -' 12-13-4: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU) TYPE EHU Zoning districts permitted by right or by conditional Ownership/ Transference Additional GRFA1 Additional Site Coverage IReduced Landscape Area Garage Credit/Storage Requirement Parking Minimuml Maximum GRFA of an EHU Density use Type II Conditional The EHU may The EHU n/a All units shall Per 300 sq. ft. Allowed (sold or Use: be sold or is entitled be required a Chapter minimum. as third transferred Single-transferred toan minimum of 12·10 as a Maximum 25% of unit on separately) Family Residential, Two-Family Residential, Primary/Sec separately from the unit it is associated with. additional 500 sq. ft. GRFA credit. one enclosed parking space. Allowed 300 sq. ft. of additional dwelling unit. total allowable GRFA for the site, not to exceed 1,500 sq. ft. property. Does not count as density. ondary garage area Residential, for the EHU. Agriculture & Open Space A" units shall be required a storage area in addition to normal closet space as determined by the Planning and Environmental Commission. ~. Ordinance No. 16, Series of 2003 3 Section 3. 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 anyone or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. 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 5. 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 6. 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. 16, Series of 2003 4 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of July, 2003, and a public hearing for second reading of this Ordinance set for the 15th day of July, 2003, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of July, 2003. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 16, Series of 2003 5 Attachment: B MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: June 9, 2003 SUBJECT: A request for a recommendation to the Vail Town Council of proposed text amendments to amend Section 12-13-4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements and setting forth details in regard thereto. Applicant: Planner: AMS Development, Inc., represented by Greg Amsden Bill Gibson I. SUMMARY The applicant, AMS Development, Inc., represented by Greg Amsden is requesting a text amendment to Section 12-13-4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements. Based upon staff's review of the criteria in Section VI of this memorandum, the Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of denial to the Town Council of the requested text amendments, subject to the findings noted in Section VII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, AMS Development. Inc., is proposing text amendments to Section 12-13­ 4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements. Based upon discussions from the Planning and Environmental Commission's April 14, April 28, and May 12, 2003, public hearings, the applicant has revised the proposed text amendment application (see Attachment A). The applicant is now proposing two amendments to the Town's Type II EHU requirements: 1) to allow Type II EHUs to be sold or transferred separately and 2) to amend the maximum gross residential floor area (GRFA) limit from 1,200 sq. ft. to 25% of the total allowable GRFA for the site with a maximum of 1,500 sq. ft. The specific proposed text amendments are as follows: (deletions are shown in strike through/additions are shown bold) 1 12-13-4: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU) TYPE _. EHU Zoning districts permitted by right or by conditional use Ownership! Transference Additional GRFA1 Additional Site Coverage IReduced landscape Area Garage Credit/Storage Requirement Parking Minimum! Maximum GRFA of an EHU Density Type II Conditional Use: Single-Family Residential, Two- Family Residential, PrimarylSeconda ry Residential. Agriculture & Open Space +Il~1I oot be 8el9 Qf The EHU is entitled to an additional 500 sq. ft. GRFA credit. n!a Allowed 300 sq. ft. of additional garage area All units not constructed with a garage shall be required a minimum 75 sq. ft. of storage area in addition to normal closet space. This 75 Per Chapter 12-10 as a dwelling unit. 300 sq. ft. minimum. +.200-25% of the sum of the total GRFA and credits allowed for the site, but under no circumstance shall the size of the EHU exceed 1,500 sq. ft. maximum. Allowed as third unit on property. Does not count as density. IFansfeFFeEl sepaFately from tR9-YFIit-iHs ass9siatel:i wiUt.,. The EHU may be sold or transferred as a separate unit on the property subject to sq. ft. shall be a approval of a credit for storage conditional only. use permit by the Planning and Environmental Commission. The EHU, if approved for resale, shall be both physically and aesthetically integrated into the prlmary­ secondary structure under consideration. ---.~ 2 r III. BACKGROUND In September and December of 1992, the Town Council passed Ordinances 9 and 27, Series of 1992, to create Chapter 13 (Employee Housing) which provides for the addition of Employee Housing Units (EHUs) as permitted or conditional uses within certain zone districts. In April of 2000, the Town Council passed Ordinance 6, Series of 2000, to repeal and reenact this chapter and provide additional incentives for the creation of employee housing in Vail. Type II EHUs are allowed as a conditional use on properties with conforming lots sizes in the Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PIS), and Agriculture and Open Space (A) districts, which account for approximately 788 lots within the Town of Vail. Since 1994 the Town of Vail has approved more than 20 Type II EHUs on these properties. The Planning and Environmental Commission reviewed and discussed this proposal at its April 14, April 28, and May 12, 2003, public hearings. Based upon discussions from these previous public hearings, the applicant has revised the proposed text amendment application (see Attachment A). IV. ROLES OF REVIEWING BODIES Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for forwarding a recommendation of approval/approval with conditions/denial to the Town Council of a text amendment. The Planning & Environmental Commission shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and 5. Such other factors and criteria the Commission deems applicable to the proposed text amendment. Design Review Board: Action: The Design Review Board has NO review authority of a text amendment or conditional use permit, but must review any accompanying Design Review application. Town Council: Actions of DeSign Review Board or Planning and Environmental Commission may be appealed to the Town Councilor by the Town Council. Town Council evaluates whether 3 or not the Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. The Town Council is responsible for final approval/approval with conditions/denial of a text amendment. The Town Council shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memorandum 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. V. APPLICABLE PLANNING DOCUMENTS Type " EHUs are allowed as conditional uses in the Single-Family Residential, Two­ Family Residential, Two-Family Primary/Secondary Residential, and Agriculture and Open Space Districts. Town of Vail Zoning Regulations (Title 12, Vail Town Code) Chapter 12-1: Title, Purpose and Applicability (in part) 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 harmoniou.s 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. 4 I .' Chapter 12-2: Definitions (in part) EMPLOYEE HOUSING UNIT (EHU): A dwelling unit which shall not be leased or rented for any period less than thirty (30) consecutive days, and shall be occupied by at least one person who is an employee. For the purposes of this definition "employee" shall mean a person who works an average of thirty (30) hours per week or more on a year round basis in Eagle County, Colorado. Article 12-6B: Single-Family Residential (SFR) district (in part) 12-68-1: PURPOSE: The single-family residential district is intended to provide sites for low density single-family residential uses, together with such public facilities as may be appropriately located in the same district. The single-family residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. Article 12-6C: Two-Family Residential (R) district (in part) 12-6C-1: PURPOSE: The two-family residential district is intended to provide sites for low density single family or two-family residential uses, together with such public facilities as may be appropriately located in the same district. The two-family residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. Article 12-60: Two-Family Primary/Secondary Residential (PIS) district (in part) 12-6D-1: PURPOSE: The two-family primary/secondary residential district is intended to provide sites for single-family residential uses or two-family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same district. The two-family primary/secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. Article 12-6E: Residential Cluster (RC) district (in part) 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 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 district by establishing appropriate site development standards. 5 Article 12-6F: Low Density Multiple-Family (LDMF) district (in part) 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 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 district by establishing appropriate site development standards. Article 12-8A: Agriculture and Open Space (A) district (in part) 12-8A-1: PURPOSE: The Agricultural and Open Space District is intended to preserve agricultural, undeveloped, or open space lands from intensive development while permitting agricultural pursuits and low density residential use consistent with agricultural and open space objectives. Parks, schools, and certain types of private recreational facilities and institutions also are suitable uses in the Agricultural and Open Space District, provided that the sites of these uses remain predominantly open. Site development standards are intended to preclude intensive urban development and to maintain the agricultural and open space characteristics of the District. Chapter 12-13: Employee Housing (in part) 12-13-1: PURPOSE: The Town's economy is largely tourist based and the health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a strong, high quality and consistently available work force. To achieve such a work force, the community must work to provide quality living and working conditions. Availability and affordability of housing plays a critical role in creating quality living and working conditions for the community's work force. The Town recognizes a permanent, year-round population plays an important role in sustaining a healthy, viable community. Further, the Town recognizes its role in conjunction with the private sector in ensuring housing is available. The Town Council may pursue additional incentives administratively to encourage the development of employee housing units. These incentives may include, but are not limited to, cash vouchers, fee waivers, tax abatement and in­ kind services to owners and creators of employee housing units. The Town or the Town's deSignee may maintain a registry and create lists of all deed restricted housing units created in the Town to assist employers and those seeking housing. Vail Land Use Plan Chapter 1/-Land Use Plan Goals/Policies 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. 6 , 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 development areas (infill areas). 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. 5.3 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. Chapter VI -Proposed Land Use LDR Low Density Residential: This category includes single-family detached homes and two family dwelling units. Density of development within this category would typically not exceed 3 structures per buildable acre. Also within this area would be private recreation facilities such as tennis courts, swimming pools and club houses for the use of residents of the area. Institutional/public uses permitted would include churches, fire stations, and parks and open space related facilities. MDR Medium Density Residential: The medium density residential category includes housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional/public uses such as parks and open space, churches, and fire stations. OS Open Space: Passive recreation areas such as greenbelts, stream corridors and drainage ways are the types of areas in this category. Hillside which were classified as undevelopable due to high hazards and slopes over 40% are also included within this area. These hillside areas would still be allowed types of development permitted by existing zoning, such as one unit per 35 acres, for areas in agricultural zoning. Also, permitted in this area would be institutional/public uses. VI. CRITERIA AND FINDINGS The review criteria and factors for consideration for a request of a text amendment are established in accordance with the provisions of Chapter 12-3, Vail Town Code (Ordinance No.4, Series 2002). 7 A. Consideration of Factors Regarding the Text Amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and, A Type II EHU is a conditional use within the Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (P/S). and Agriculture and Open Space (A) zone districts. The purpose of each of these zone districts is noted above in Section V of this memorandum. A purpose of each of these zone districts is to accommodate "low density" residential uses such as single-family and/or two-family residential dwelling units. Currently the provisions of Section 12-13-4. Requirements by Employee Housing Unit (EHU) Type, Vail Town Code. specifically allow a Type II EHUs as a third dwelling unit on a property and exclude a Type /I EHUs from counting as density in these zone districts, since Type II EHUs are currently intended to function as a "caretaker" type apartment that is subordinate and accessory to a principle residential dwelling unit. Staff believes that these proposed text amendments may alter the existing subordinate or accessory nature of Type II EHUs and elevate these units to a principle use of a property_ Staff does believe that the revised text amendments are more consistent with the goals or objectives of the Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (P/S), and Agriculture and Open Space (A) zone districts than the applicant's subsequent text amendments proposal. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and, Staff believes that the proposed text amendments specifically conform to the goals 1.1, 1.3, 1.12, 5.1, 5.3. 5.4. and 5.5 of the Vail Land Use Plan, as noted in Section V of this memorandum. However, a Type II EHU is a conditional use within the Single-Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential (P/S) zone districts. Properties located within these zone districts are typically designated as Low Density Residential (LOR) by the Land Use Plan. A Type II EHU is also a conditional use within the Agriculture and Open Space (A) zone district, and properties within this district are typically designated as Open Space (OS) by the Land Use Plan. Staff believes that the proposed text amendments may alter the nature, intent, and character of Type " EHUs. Staff believes that these proposed text amendments may alter the existing subordinate or accessory nature of Type " EHUs and elevate these units to a principle use of a property. Staff believes that the proposed text amendments may convert Type II EHUs into a third dwelling unit and density for zoning purposes; which result in a "medium density" residential development rather than the "low density" residential development intended by the Town's current regulations. 8 The Vail Land Use Plan describes the "Low Density Residential" land use designation as residential development "typically not to exceed 3 structures per buildable acre" and the Open Space designation as recreation areas, agricultural uses, and limited residential development "such as one unit per 35 acres." Currently a lot within the Single-Family (SFR) Residential zone district meeting the minimum required lot size of 12,500 sq. ft. is permitted a residential density of approximately 3.5 units per acre by zoning. The addition of a Type II EHU functioning as a principle dwelling unit on the lot will increase the residential density of this property to approximately 7 units per acre. Similarly a lot within the Two-Family Residential (R) or Two-Family Primary/Secondary Residential (PIS) zone districts meeting the minimum required lot size of 15,000 sq. ft. is permitted a residential density of approximately 5.8 units per acre by zoning, and the addition of a Type II EHU functioning as a principle dwelling unit on the lot will increase the residential density of this property to approximately 8.7 units per acre. Staff does not believe that these increased residential densities are in conformance with the objectives of the "Low Density Residential" and "Open Space" land use designations. Staff does not believe that the revised text amendments better implement and better achieve the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan. Staff believes that a proposal of this nature is more compatible with the development objectives of the Medium Density Residential (MDR) land use designation and the Residential Cluster (RC) and Low Density Multiple-Family (LDMF) zone districts. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and, Staff does not believe that conditions have changed substantially since the adoption of Section 12-13-4, Vail Town Code; that Section 12-13-4, Vail Town Code, is no longer appropriate; nor that Section 12-13-4, Vail Town Code, is inapplicable. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and, By essentially allowing a triplex type structures on duplex zoned properties, staff believes that the proposed text amendments may alter the nature, intent, and character of Type" EHUs in such a manner that does not provide a harmonious, convenient, workable relationship among land use regulations that are consistent with the Town of Vail master plans and development objectives. Staff believes that a proposal of this nature is more harmonious with the development objectives of the Medium Density Residential (MDR) land use designation and the Residential Cluster (RC) and Low Density Multiple-Family (LDMF) zone districts. 5. Such other factors and criteria the Commission andlor Council deem applicable to the proposed text amendment. 9 , B. The Planning and Environmental Commission shall make the following findings before forwarding a recommendation of approval for of a text amendment: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. VII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of denial to the Vail Town Council for the proposed text amendments to Section 12-13-4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements and setting forth details in regard thereto. Staffs recommendation is based upon the review of the criteria in Section VI of this memorandum and the evidence and testimony presented, subject to the following findings: 1. That the amendments are not consistent with the applicable elements of the Iadopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are not compatible with the development objectives of the Town; ! and 2. That the amendments do not further the general and specific purposes of the Zoning Regulations; and 3. That the amendments promote the health, safety, morals, and general welfare of the Town, but do not promote the coordinated and harmonious development of the Town in a manner that do not conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. VIII. ATTACHMENTS A. Applicant's revised Letter of Request 10 I MRY-27-2003 09:08 FRoM:RMSDEN DAVIS &FoWLER 9704768637 TO: 9704792452 Attachment: A f AMS Developrncnt, Inc. 500 S. FroIllagt! R()ad F..'1..'lt, Stc. 1.12 Vail, CO. 81657 May 27, 2003 Town of Vail Dept. of Community Development 75 South Frontage Road Vall, CO. 81657 RE: Application for Text Amendment to Chapter 12~13-4 Requirements by Employee Housing Ullit Type \ Current Type 11 Employee Housing allows for a. thit'd unit, up to 1,200 sq.ft. in s17..e. to be i constructed upon a primary-secondary lot containing more than 14,000 sq.ft .. This unit is requircd to he an RHU and must be a rental unit under the current zoning regulations. The applicant is requesting no additional densi{v in this amendment. The applicant wjshes to modifY the code (.m ( lots exceeding 20,000 sq,ft. to allow for resalc of the EHU, if con!>1tUcted, and to increa.:;e the sb..e limitation to 25% ofLhe sum ofthe total GRFA and credits allowed, up to a maximum 01'1,500 sq.ft .. REQUESTED AMENDMENT JxpelIEHU 1. Ownershiprrransferenc~ Voice (970)-479-0~37 Add the following language: "The EHU may be sold or transferred as a separate unit subject to appr(}lJal ofa conditionalll.:~e pennit by the Planll;ng and Environmental Commission. The EHU, if appTovedfoT resale, sllall be both physically and aesthetically integrated info the primary-secondary structure under consideration". Thc applicant recommends that the Planning and Environmental Commission ("PEe',) establish a minimum lot size of20,000 sq.ft. as a guideline tor consideration of such "resale" EHU's under the conditional use process. The establishment oftrus guideline shall allow PEe flexibility in consideration of each application as it applies to surrounding ',property types and uses. :nnsdc:n@vml.net li'ax ~q70}-479.s278 MAY-27-2003 09:08 FROM:AMSDEN DAVIS &FOWLER 9704768637 TO: 9704792452 , Purpose Encourage and promote development of employee housing units by the private sector. This would provide a profit incentive to developers to construct additional EH1.J's within the Town ofVail. Under current zoning code, there is no incentive to create the additional EHU on lots exceeding I 14,000 square feet. ( \ 2. Garage/Storage Requirement Withdraw te}..1 amendment request I 3. Maximum GRFA Amend the maximum GRF A requirement for Type II EHU'g as follows: I I !\ "On EHU1s tllat intended to be sold or transferred, the tnIlXiltUltn :.he ~'hall he25% ofthe sum 0/the total GRFA and credits allowed/or the !tite, but under no circllmstance , ..hall\ the size ofthe EllU exceed 1,500 sq.ft." ~ Purpose Diversify the occupant type in Vail's employee housing base. Larger unit size lends itself to more permanent occupancy. The:r.e is no current local's housing that addresses middle-income professionals (salespeople, attorneys, town planners. young doctors, etc.). 1111S occupant type is important to \ improving the lackluster local economy. Many local professionals desire to live in the Town orVail, but much of the free-market housing is very dated (age and floor plans), thus they migrate down valley looking for better selection. The 1,500 sq.ft. maximum would allow for a large 2-bedroom or / moderate sized 3-bedroom. floor pIan. I Thank you fl)f your time and consideration. \ Sincerely, AMS Development1 Inc. 1 Gregory M. Amsden. President \ I JUNr13-2~03 12:51 FROM:AMSDEN DAVIS &FO~ TO: 9704792452 Attachment: C AMS Development, Inc. 500 S. Front~'>'C Road East, Sle. 112 Vail, CO. 81657 June 13, 2003 Town of Vail Dept. of Community Development 75 South Frontage Road Vail, CO. 81657 RE: Application for Text Amendment to Chapter 12-13-4 Requirements by Employee Housing Unit Type Current Type II Employee Housing allows for a third unit, up to 1,200 sq.ft. in size, to be constructed upon a primary-secondary lot containing more than 14,000 sq.ft .. This unit is required t9 be an Elro and must be a rental unit under the current zoning regulations. The applicant is requesting the creation of a sub-cate.gory ofthe Type II employee housing code, to be named Type II-A EOO. This new category will not create additional density under the existing employee code. The Type II-A EFlU shall be a conditional use and if approved. shall allow fur resale of the EOO. Criteria shall be established for cO.nsideration ofa Type IT-A EHU. The criteria shall include lot 817.e, unit size and an additional storage ) REQUESTED AMENDMENT Type H-A EHU 1. Ownersbipffransference "The EHU may be sold or transferred as a separate unit subject to apprf}vail!f a conditional use permit by lhe Planning and Environmental Commission. The EHU, if approved/or re.wle, shall li. be both physically and aestheticaiJy integrated into the primary*secondary structure under cQn..~ideration h. satisfy design review requirements established I Chapter J8.54 qfthe Town of Vail Zoning C(Jde. " The Plwming Commission shall utilize those criteria sct forth in Section 4 below in considering each application for a Type IT-A EHU. The criteria shall be used as guidelines in an effort to alloW' the PEe flexibility in consideration of each application.as it applies to surrounding property type~ and uses. Fax (970).4,79...5278Voice (970)-479-0337 JUN-13-2003 12:51 FRoM:AMSDEN DAUIS &FoWLER 9704768637 TO: 9704792452 \ Purpose Encourage and promote development of employee housing units by the private sector. This would provide a profit incentive to developers to construct additional Type II EHU's within the Town of Vail. Under current zoning code, there is no incentive to create the additional EOO on lots cxceeding 14,000 square feet. 2. Garage/Storage Requirement The text shall be identical to Type II EHU code with the following additionallaJlbruage: <lIn addition tt) lhe enclosed garage area, a Type II-A EHU shall be required to provide a minimum of75 sq:fi. ofinterior storage area. /,' Pwpose Provide adequate storage area for local owner/occupant. The one-car garage limitation may not provide adequate storage facilities for the owner. In such cases, garages then become storage facilities and parking occurs outside the garage, becoming a visua1 delerent to curb appeal ofthe propeny. 3. Maximum GRFA "On EHU's that intend to he sold or tran.iferred, the moximum size shall be2S% o/the sum a/the total GRFA and crediu allowed/or the site, but under no circumstance shall the size 0/the EHU exceed 1,500 sq.ft•• " Purpose Di.versify the occupant type in Vail's employee housing base. Larger unit si7..e lends itsclfto more pennanent occupancy. There is no current local's housing that addresses middle-income professionals (salespeople, attorneys, town planners, young doctors. etc.). Tb.is occupant type is important to improving the lackluster local economy. Many local professjonals desire to live in the Town of Vail:, but much of the free-market housing is very dated (age and floor plans), tbus they migrate down valley looking for better selection. The 1,500 sq.:ft. maximum would allow for a large 2-bedroomor moderate sized 3-bedroom floor plan. 4. Criteria for CODsid<:ration of ConditioDal Use Permit for Type n..A EHU a. Minimum lot size of approximately 21,000 sq .ft. (14,000 sq .ft. =minimum lot size for PIS, 21,000 should be sufficient lot size to accommodate the additional EHU). The 25,000 sq. ft. "'net buildable" lot size requirement recommended by the PEe in it's June 9Ut virtually eliminates application of this 7..oning in the neighborhoods that would , predominently use it (West Vail area). Other areas in Vail Valley (EastVaU, Booth Creek, Potato Patch, Vail OoLfcourse, and Glen Lyon command higher resale vd.lues and private­ sector developers will not sacrifice the high resale values offree market units to build a lower resale EHU. The Town of Vail needs to look at the "overall" picture ...the priva.te sector is NOT building employee housing under current codes. Tfthe incentive is not provided, this trend JUN-13-~03 12'S1 FROM,AMSDEN CAVrS &FOWLER 9704768637 TO: 9704792452 win continue. Once again, the Type II-A E.HU under consideration is not increasing density from the currently Type II EHU zoning code. Using ''net buildablcu criteria in the conditional use 'process is contradictory to the Primary-Secondary Zone District. b. The maximum size shaU be 25% of the sum ofthe toW GRFA and credits allowed for the site, but under no c.ircumstance shall the size ofthe EHU exceed 1,500 sq.ft.." Jy mvo Ivement with development alternatives on a vacant lot at 2388 Gannisch Drive is a classic dcample of why this am.endment should be recommended to the Vail Town Council: I applied for this amendment for development ofa Type TT-A unit (1425 sq.ft. 2-BRl2.5 ..bath) on a ppmary-secondary site at 2388 Gannisch Drive (21.528 sq.ft. lot surrounded by older 4·plex structures), I have since terminated that development plan and will now be constructing a primary­ sCJCondary residence without an EmJ. Thank: you fur your time and consideration. _---.--J J VAIL TOWN COUNCIL MEETING MINUTES TUESDAY, JULY 1,2003 The regular meeting of the Vail Town Council was called to order at 7:00 P.M., on Tuesday, July 1,2003, in the Vail Town Council Chambers. MEMBERS PRESENT: Ludwig Kurz, Mayor Rod Slifer, Mayor Pro-Tern Dick Cleveland Diana Donovan Bill Jewitt Greg Moffet Chuck Ogilby STAFF PRESENT: Pam Brandmeyer, Interim Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Tom Steinberg appeared before the Council to offer his reluctant support for the temporary use of the Ford Park softball fields for ski season parking. Steinberg suggested that a contract be signed between the town and Vail Resorts in which the two parties would agree to certain terms and conditions. He suggested the use be temporary, perhaps a minimum of three years, and that Vail Resorts be required to restore the fields to their natural state at the end of the contract period. Steinberg's apprehension, in part, is due to safety concerns, he said. Steinberg suggested the need for a safe pedestrian route, such as across the Manor Vail bridge or the streamwalk, rather than alongside the Frontage Road or Vail Valley Drive. While noting some fundamental disagreements about the town's parking role, which he said lies squarely with Vail Resorts, Joe Staufer also said he would find use of the fields at Ford Park acceptable to people so long as the use is limited to fewer than five years, the cost is borne by Vail Resorts and the fields are restored to their natural state once the use is complete. Staufer also suggested the need for a contractual agreement to avoid misunderstandings in the future. Flo Steinberg expressed opposition to using the fields for ski season parking, criticizing Vail Resorts for its decision to continue to attract day skiers to the resort. Steinberg said the company's actions will cause overcrowding situations and will negatively impact the destination skier market. Kaye Ferry of the Vail Chamber and Business Association (V CBA) presented f J ",,-ttl ) area) discussion has concluded. Dick Cleveland moved to approve Ordinance #6, subject to findings in the staff memo. Greg Moffet seconded the motion. A vote was taken and the motion passed 5-2, Bill Jewitt and Diana Donovan opposed. The next item on the agenda was the first reading of Ordinance No. 16, an ordinance to allow the separate sale or transfer of Type II Employee Housing Unit. Greg Moffet recused himself from the discussion due to a contractual relationship with the applicant. Councilmembers Bill Jewitt, Dick Cleveland and Rod Slifer expressed concerns about maintaining affordability of the units as well as the impact when duplexes become triplexes as a result of the sale. Diana Donovan also expressed opposition, questioning the 1,500 sq. ft. maximum size, as well as other issues. In offering support for the change, Councilman Chuck Ogilby pointed to the town's existing code which allows for the sale of Type III housing units on high-density residential and commercial property. To be consistent, Ogilby said the town should also do the same for Type II units in the lower-density residential zone districts. The applicant, Greg Amsden of AMS Development, had proposed the change as an incentive to address the need to create employee housing opportunities for professionals in Vail. Dick Cleveland made a motion to deny the Ordinance #16 on first reading. Bill Jewitt seconded the motion. A vote was taken and the motion passed 5-1-1, with Chuck Ogilby voting in favor. Chuck Ogilby encouraged the Council to continue to work on an acceptable solution. The next item on the agenda was the first reading of Ordinance #14, an Emergency Ordinance to Authorize Creation of Timber Ridge Affordable Housing Corporation and the Making of a Loan to Acquire Property. Matt Mire, town attorney, and Nina Timm, housing authority administrator, presented the ordinance to the Council, stating this emergency ordinance was to authorize creation ofthe Timber Ridge Housing Corporation and the making of a $lmillion loan from the Town of Vail (proceeds from the Miller Ranch sale) to the Timber Ridge Affordable Housing Corporation for acquisition of the Timber Ridge apartments. An additional $21 million in debt will be issued by the corporation. The action was initiated in April when the Town Council voted 7-0 to pass a resolution to seek a friendly condemnation of the 198-unit property. Acquisition by the town enables the property to be maintained as employee housing in perpetuity. Bill Jewitt motioned to approve Ordinance #14 as an emergency ordinance. Greg Moffet seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The next item on the agenda was the Town Manager's Report. In reviewing the Town Manager's Report, the Council modified a staff request for town use of the Donovan Pavilion, adding a May 2004 date for the town's clean-up day, eliminating a request for use on New Year's Eve as well as requests by the Police Department for training. Also, during its review of the Town Manager's Report the Town Council voted 7-0 to approve a request by Interim Town Manager Pam Brandmeyer to authorize a 2.5 percent merit increase for town employees. While the increases, representing $250,000, had been carried in the 2003 budget, Brandmeyer had asked for Council approval prior to implementation. 6 APR-23-~003 14:06 FROM=AMSDEN DAVIS &FOWLER 9704768637 TO: 9704792452 P.1/3 ) . FAX COVER SHEET FROM: Gn£CT~.D~-x( CO.: (Or1Mu,J iT7 J)~\i€LOPwrI:)JT :-ro if SENDER'S FAX #: 476--8637 FAX.: 4~-2.452 SENDER'S PHONE #: 476-8610 PHONE #; -2. L38 SENDER'S EMAIL: Total #pgs (incl. Cover sheet): DATE; . 4fu/03 RE: Tc-xr 1\Mft.lDt1E"tJ r -~VlJt.o t1DO 'F~ Cfn~Js 7'For Renew [J Please Reply c Urge.t TO: --:Diu.. ~ Tht ... '1ClJ1l, Ylfl1um-. ;r,U. U1rA. '(ou '9-tttJRSot,flO SUITI 1 U • THE '1'111'1 • 500 S. n.ONTAGE aOAD lAST • VAIL .. CO • IU:!)' • TELEPHONE (970) 476.1610 • PAX (910) "'-'6)7 • APR-23-2003 14:06 FRoM:AMSDEN DAUIS &FoWLER 9704768637 TO: 9704792452 ) ... I ! AMS Development, Inc. 500 S. Frontage Road East, Ste. 112 Vajl, CO. 81657 April 22~ 2003 Town of Vail Dept. ofCommunity Development 75 South Frontage Road Vail, CO. 81657 RE: Application for Text Amendment to Chapter 12-13-4 Requirements by Employee Housing Unit Type REQUESTED AMENDMENT Type TT EHU 1. Ownenhipffnnsference Amend language to reflect the same requirement as Typc 1 EHU. "The EHU may be sold or Iran.(erred as " separate unit on the properly"'. Purpose Encourage and promote development of employee housing units by the private sector. This wouJd provide a profit incentive to developers to constnlct additional BHU's within the Town of Vail. Under current zoning code, there is little or nl1 incentive to ereatc the additionalEHU on lots exceeding 14,000 square feet. 2. Garage/Storage Requirement Add the following language: "Allowed 300 sq,/t. ofgarage area per enclosed vehicle space al a maximum of2 parldng spaces (600 sq.ft.) for 101.\' in exce.)'s of 24.000 sq.ft. JJ. Purpose Encourage and promote proper storage and parking conditions for a typical two-,person household in Vail. Two-car gw:ages promote hOll,Cling with long-term occupancy, rather than interim housing, Local residents help improve the vitality of the local economy. 3. M8J:imulD GRFA ModifY the maximum GRFA requirement/or Type J/ EHU's to 1.600 sq.ft., but in no cirCU11JStance to ext'eed 25% qfthe ,\"Um 0/the total allowable GR FA and credit.\' allmvedfor the site. Purpose Diversify the occupant type in Vail's employee housing base, Larger unit size lend..; itself to ,more permanent occupancy. There is no current local's housing that addresses middle-income professionals (salespeople, attorneys, town planners, young doctors, etc.). This occupant type is important to improving the Jackluster local economy. Many local professionals desire to live in the Town ofVail, but much ofthe ftee..market housing is very dated (age and floor plans), thus they migrate down valley looking for better selection. The 1,600 sq.ft. maximum wouJd allow for a 3-bedroom floor plan APR-23-2003 14:06 FROM:AMSDEN DAVIS &FoWLER 9704768637 TO: 9704792452 P.3"3 ,/. .. Thank you rOT your lime and consideration. I \ , \ .. MAY-08-2003 11:12 FROM:AMSDEN DAVIS &FoWLER 9704768637 TO: 9704792452, FAX COVER SHEET TO: J3;t.L GiM oJ FROM: c7~q~~~ ca.: (0 V-GHHP/Jirt-DI::VG"WPiYlr: SENDER'S FAX #: 476-8637 FAX#: 479-2452­SENDER'S PHONE#: 476·8610 PHONE #; -2..1 13 SENDER'S EMAIL: DATE: Total #pgs (Incl. Cover sheet): SjBjo3 4­ RE: l6xr AMEtJ.oM€~ -~~E I t-HL{s ~ ForReview o Please Reply o UrgeDt ~i~: X 'll"Ii Ui(. ltlE 11:(. (1I..J.!l SlFtfF) W;lA., u!(f lHiS VEutOrJ f Ln ME ~ow 1F uJE WoULD [1onif'{ /oJ, Of TI1E f(q)~-:O Lf\rJ~UPrG-f pRlo (l., \D 1t1;f tt C Mi::oo\)G-. 5UITE 112 • THE WIlEN • 5005 • .fRONTAGE I\OAD !AST • VAIL • CO • 11657 • T£L.UHONE (97D) "76.8610 • PAX (970) +76.1637 • "!MR~08-2003 11:12 FRoM:RMSDEN DAVIS &FoWLER 9704768637 TO: 9704792452 AMS Developrnent, InC. 500 S. Frontage Road F.a"ll·, Sl.e. 11.2 VaH, CO. 81657 May 8, 2003 Town of Vail Dept. of Community Development 75 South Frontage Road Vail, CO. 81657 RE: Application for Text Amendment to Chapter 12·13·4 Requirements by Employee Housing Unit Type REQUESTED AMENDMENT Ty"pe 1I Eml 1. Owoershiprrraosference Add the following language: liThe ERa may he sold 07 tran..Vored as a ~'epQrate unit on the property subject to approval 0/a conditumal use permit by the Planning and Environmental Conwus.tion. The EHU, ifapproved/07 resale, s/iall he both physically and aesthetically inlegrated into the primaty-seco1ldary strud,ue under consideration". Purpose Encourage and promote development of employee housing units by the private sector. This would provide a profit incenti.ve to developers to conslTuet additional EHU's within the Town ofVail. Under current zoning code, there is little or no incentive to t.'Teate the additional EHU on lots exceeding 14,000 square feet. 2. Garage/Storage Requirement W.ithdraw text amendment request. 3. Maximum GRFA Amend the maximum GRFA requirement ror Type II EOO's as tollows: "25% o/the sum o/the total GRFA and credits al/owell/or the site, but under no circu'lm1ance shall the siz.e Ofthe EHU exceed 1,500 sq.ft." Yoia: (970)479-0337 Fax (970)-479.5.278 MA1-08-2003 11:12 FROM:AMSDEN DAVIS &FOWLER 9704768637 TO: 9704792452 P.3"4 Purpose Diversify the occupant type in Vail's employee housing base. Larger unit si7..e lends itseJf to more permanent occupancy. There is no current local's housing that addresses middle-income professionals (salespeople, attorneys, town planners. yOWlg doctors, etc.). This occupant type is important to improving the lackluster local economy. Many local professionals desire to ]jve in the Town ofVail~ but much of the ftee­ market housing is very dated (age and tloor plans), thus they migrate down valley looking for bettcr selection. The 1,500 sq.ft. maximum would allow for a large 2-bedroom or moderatc sjzed 3·bedroom floor plan. Thank you for your time and considel'ation. EXAMPLE OF PROPOSE·D SIZE RESTRICTION ON TYPE II EHU'S Standard EBU Lot Size GRFA Credit Credit 14,000 sq.ft. 3,500 + 850 + 500 18,000 sq.ft. 4,050 + 850 + 500 22,000 sq.n. 4,450 + 850 + 500 25,000 sq.ft. 4,750 + 850 + 500 28,000 sq.rt. 5,050 + 850 + 500 u This site would be restricted to the maximum limit of 1,500 sq.ft. Total GRFA and Credits 4,850 sq.rt. 5,400 sq.ft. 5,800 sq.ft. 6,000 sq.ft. 6,400 sq.fI. \.('" 3 D ~ Ci;l OJ I ~ (S) W I-" I-" I-" ru 25%EHU ;g Maximum 0 3 D 3 U) 0 1,212 sq.ft. ~ 0 D 1,350 sq.ft. H C U) .,450 sq.ft. 0 po " E 1,500 sq.n. ~ ~ 1,600 sq.ft. itit (S) ~ C/'\ OJ C/'\ ~ As indicated in the examples above. once the lot size exceeds 25,000 sq.ft., the maximwn limit of1,500 sq.ft. takes effect. -l o ~ ~ --.I ill ~ '"0 ~ ~ " ~Y-2~-2003 13:31 FROM:AMSDEN DAVIS &FOWLER 9704768637 TO: 9704792452.. FAX COVER SHEET \ TO: ~ii.L Gic;&»J CO.: TdJ -RAuJ~G-IklPf. SENDER'S FAX #: 476-8637 1 FAX #: 4T9 -24-52. SENDER'S PHONE #: 476-8810 PHONE #: 419 -2l:f3 SENDER'S EMAIL: DATE: TotaItIpg& (incl. Coversheel): 3 Sp/03 RE: IEXr 74H&v.Dt\tllT 10 Tt~ E E#~ \ o For Review o Please Reply c Urgeat 'BtL : -Im~() ls 1\ ..DttJWT CoPf (Jf rtf ·~LJ~. ~ ~lblC I 2r l4,)OU~ uv.E YOlA. 1'0 *'-"> ~ iT F5/ 5\ftFF hJ 1OJ.JL t1.e~'~G­ "'00' uk£\l-1\t.C 6er ~10 t"\E w1n\ AtJl .sv66t~()15 ~()(l, HoD~A(.A1\DrJS ; X ))) tJoT WA~ Gt/U:kU~~ r~EIlAl::!) m(l... ., NeT C;jlLl)1\f>Lt ~, 1\S.lt\U COOl: ~OU 10 $IL pis ~,t..OT RC.. «'fL LO rtf · SUlTE 112 • THE WIBN • 500 S. PllONTAGE ROAD EAST • VAIL. CO • "651' • TBLEPMONI (970) 416·'610 • fAX (970) 476.U17 • ( MAY-23-2003 13:31 FRoM:AMSDEN DAVIS &FoWLER 9704768637 "" AMS Development, hIe. 500 S. Frolli3ge Road East, SLe. 112 Vail, CO. 81657 May 23. 2003 Town of Vail Dept. ofCommunity Development 75 South Frontage Road Vail, CO. 81657 RE: Application for Text Amendment to Chapter 12-13-4 Requirements by Employee Housing Unit Type Current Type II Employee Housina allows for a third unit, up to 1,200 sq.ft. in size, to be constructed upon a primary-secondary lot containing more than 14,000 sq.ft .. This unit is required to be an EHU and must be a rental unit under the current zoning -regulations. The applicant is requesting no IIdditUmal density in this amendment. The applicant wishes to modifY the code on lotfl exceeding 20,000 sq.ft. to allow for resale of the EHU. if constructe<4 and to increase the sv..e limitation to 25% ofthc sum of the total ORFA and credits allowed, up to a maximum of1,500 sq.ft .. REQUESTED AMENDMENT Iypcll EHU 1. OWDenbipffraosCcnmcc Add the following language: "The EHU IIIIIY be sold or tmnsfened lIS II ¥epfll'ate unit (m It". larger than 20,(JI)(J square feet, subject to approval ofa conditionalUSt! permit by the Planing ad Enl'ironmental Conrmmion. The EHU, ifapproved for resale, shaH be both physically ad aesthetically integrated into the primary-secondary structure ""de, considertltion ,~ TO: 9704792452 PUtpOse Encourage and pr()mote development ofemployee housing units by the private sector. This would provide a profit incentive to developers to construct additional EI-IU's within the Town of Vail. Under clUTent :tOning code, there is no incentive to create the additional EHU on lots exceeding 14.000 square feet. Fax (970).479-8278 ~Y-23-2003 13:31 FROM:AMSDEN DAVIS &FOWLER 9704768637 TO: 9704792452 2. GaragelStorage Requirement Withdraw text amendment request. 3. Maximum GRFA Amend the maximum GRFArequirement for Type 1l EHU's as follows: «On EHU's thtll intended to be sold or transferred, the maxim"", s;;e shall be25% ofthe s"". ofthe total GRFA and credits allowedlor the site, buJ under no clrcumstllllte shall the size olthe EHU exceed 1,500 sq.ft.." Purpose DiversifY the occupant type in Vail's employee housing base. Larger unit size lends itself to more permanent occupancy. There is no current local's housjng that addresses middle-income professionals (salespeople, attorneys, town planners, young doctors, etc.). This occupant type is important to improving the lackluster local economy. Many local professionals desire to live in the Town ofVail, but much ofthe free-market housing is very dated (age and tIoor plans), thus they migrate down valley looking for better selection. The 1,500 sq.ft. maximum would allow for a large 2-bedroom or moderate sized 3-bedroom floor plan. \ Thank you for your time and consideration. Sincerely, AMS Development, Inc. Gregory M. Amsden, President \ \ AMS Development, Inc. 500 S. Frontage Road East, Ste. 112 Vail, CO. 81657 I ! March 17, 2003 ITown of Vail Dept. of Community Development 75 South Frontage Road Vail, CO. 81657 RE: Application for Text Amendment to Chapter 12-13-4 Requirements by Employee Housing Unit Type REQUESTED AMENDMENT TypeIIEHU 1.0wnershipffransference Amend language to reflect the same requirement as Type I EHU. "The EHU may be sold or transferred as a separate unit on the property" Purpose Encourage and promote development of employee housing units by the private sector. This would provide a profit incentive to developers to additional EHU's within the Town of Vail. Under current zoning code, there is little or no incentive to create the additional EHU on lots exceeding 15,000 square feet. 2. Garage/Storage Requirement Amend language to reflect the same requirement as Type I EHU. "Allowed 300 sq.ft. ofgarage area per enclosed vehicle space at a maximum of2 parking spaces (600 sq.ft.) " Purpose Encourage and promote proper storage and parking conditions for a typical two-person I, household in Vail. Two-car garages promote housing with long-term occupancy, rather than interim housing. Local residents help improve the vitality of the local economy. 3. Maximum GRFA Remove the maximum GRFA requirementfor Type II EHU's. Purpose Diversify the occupant type in Vail's employee housing base. Larger unit size lends itselfto more permanent occupancy. There is no current local's housing that addresses middle-income professionals (salespeople, attorneys, town planners, young doctors, etc.). I This occupant type is important to improving the lackluster local economy. Many local professionals desire to live in the Town ofVail, but much ofthe free-market housing is very dated (age and floor plans), thus they migrate down valley looking for better Iselection. • ~. ~ f The applicant requests that the planning staff include the above text amendments in their discussions and presentation to the Planning and Environmental Commission on March 24, 2003, regarding proposed text I amendments to the Vail Town Code to allow Type II employee housing units as a permitted use and to eliminate a Type II employee housing unit as a conditional use in Single-Family, Two-Family and Primary­ Secondary zone districts. Thank you for your time and consideration. ----~ f t Ii I MAY-27-~03 09:08 FROM:AMSDEN DAVIS &FOWLER 9704768637 TO: 9704792452 P.V3 FAX COVER SHEET I TO: BiLL Gi~oJ co.: 10 V ~rJ t..iIlJ6" 11-pr. SENDER'S FAX #: 476-B637 FAX #: 419 -2.45t.. SENDER'S PHONE #: 476-8610 PHONE#: -Zi13 SENDER'S EMAIL: DATE: sfo1j03 Total #pgs (incl. Cover sheet): J RE: Tvf€ ar Ett« C ForReview o Please Reply C VrgeDt ~ILL : Z' eevl::~I:'!) M7 Pte. ~lES ~ YlfAUtE~ 11\£ ftc. WWlt!) 1ltf 2qooo ~.fL t11~ 1~Ut1 \,.(){ ~~E -y, l'£ \--It ErulnEuJf \,G'lJUj ~rq-cf ntf {f)i)f. '.( lt1uS fti..,LOWW& \1t€M f':E)('I~Ui( fU W CoUJ)mo~~ L{Sf ~ tIf\If -Al'\tiJ i)fO ty.DIb\fT 1.BIRt.. SUIT! 1 U • TM! WIU!N • 100 S. PIlON1'AGI )lOAD EAST • V~:.---v • TELEPHONE (970) 416.1610 • PAX ('70) .'6-1637 • MAY-27-2003 09:08 FRoM:AMSDEN DAVIS &FoWLER 9704768637 TO: 9704792452 , I AMS Development, In(:. 500 S. Fn>Illabre Roacl East, Ste. 1.1.2 Vail, CO. 81657 May 27, 2003 Town of Vail Dept. of Comnmnity Development 75 South Frontage Road Vail, CO. 81657 RE: Application for Te"t Amendment to Chapter 12-13-4 Requirements by Employee Housing Unit Type \ Current Type II Employee Housing allows 'for a third unit, up to 1,200 sq.ft. in Si7..e, to be constructed upon a primary-secondary 10t containing more than 14,000 sq.ft .. Tbis unit is required to he an BHU and m~'1 be a rental unit under the current zoning regulations. The applicant is reque...:zting no tultlUlonlll density in this amendment. 1be applicant wishes to modifY the code on lots exceeding 20,000 sq.ft. to allow for resale ofthe EHU, if con.!>1ructed, and to increase the si7..e limitation to 25% of the sum ofthe total ORFA and credits allowed, up to a maximum of 1,500 sq.ft .. REQUESTED AMENDMENT J')llS II EHU 1. OWD.enhipffrallsference Add the following ]angW:1ge: "The EHU I1UlJ' be .fold or transferred tIS a sept»'tlte "nil subject to approval o/a conditional u..ge permil by the PlllIInlng and Envlromnental Commission. The EHU, if approved/or resale, shllll be both physiClll1y tIIId aesthetically integl'tlled Into the p,imluy-secondary structure undu conslderation ". The applicant recommends that the PJanning and Environmental Commission (UPBe") establish a minimum lot size of20,000 sq.ft. as a guideline fur consideration of such "resale" EHU's under the conditional use process. The establishment ofthis guideline shaH allow PEe \ flexibility in consideration of each application as it applies to surrounding ,property types and uses. MAY-27-2003 09:08 FROM:AMSDEN DAUIS &FOWLER 9704768637 TO: 9704792452 Purpose Encourage and promote development of employee housing units by the private se<.ior. This would provide a profit incentive to developers to construct additional SHU's within the Town of Vail. Under CUJTent mning code, there is no incentive to create the additional BHU on lots exceeding 14,000 square feet. 2. Garagf:lStoragc Requirement Withdraw text amendment request. 3. Maximum GRFA Amend the maximum GRFA requirement for Type 11 EHU's as follows; "On .EHU's that inlend8d to be sold or transferred, the l ItU1.Ximum size shaH be2S" 0/the sum ofthe total GRF A and \ credits allowed for the .fite, bllt under liD circlUllSltlllCt! sha" I the she 0/the EHU exceed 1,500 sq.f/.. " I l ! Purpose Diversify the occupant type in Vail's employee housing base. Larger unit size lends itself to more permanent occupancy. There is no current local's housing that addresses middle-income professionals (salespeople, attorneys. town planners, young doctors, etc.). This occupant type is important to improving the lackluster local economy. Many local proressionals desire to live in the Town of Vail, but much ofthe free-market housing is very dated (age and floor plans). thus they migrate down valley looking for better seJection. The 1,500 sq.ft. maximum would al10w for a large 2·bedroom or moderate sized 3·bedroom floor pJan. Thank you for your time and consideration. !, Sincerely, AMS Development, Inc. 1 Gregory M. Amsden, President , \ I JUN-13-2003 12:51 FROM:AMSDEN DAVIS &FOWLER 9704768637 TO: 9704792452 ... \ FAX COVER SHEET FROM:TO: 'Biu G"c&,,J &.e-~ AMiOe>! CO.: Io\}-PIJ\.\O~o-~fr, SENDER1S FAX #: 476-8637 SENDER1S PHONE #:FAX #: 4it -Z4Sl. 476-8610 SENDER'S EMAIL: PHpNE#: ;)-21=(-3 r,/B (03 Total #pgs (incl. Cover sheet): 4­DATE: RE: T-tff Jr-A ~4 , ForRevlew CI Please Reply CI Urgent ~llL : ~~ 11{ 11ef~1:!) I\Mlan-iO,J iPLwoili (;he~~ ~ ~~I)~~ 1aJ{L (I\t.l!) cSffl\T It.wur) wru.u1 1'£ ~&t<... , Lr'Wl aPi~ 10 "lDeYTS X ItvVl fl€~fSriiJ5-111€ rniAJI'muVL1 wT &'=?e l tzeQt1/tij) -V &e' 2i,CXJD ~ VJ ~O<£ ~, 2C 8Etie'l€' JII( (iJ()I[ u < q ( , • WiLL f)€' V~TtJIt«.7 '* VAl tAJf!O IF /JET BiJJl.I.DAfJUf lMP(£Mli"IJi1;'O frU,JAJ& wiTH Tf/F lAfJ4E lDr ~:e€. SUITE 112 • THE WREN • 500 S. fRONTAGE ROAD EAST • VAl • CO • • TELEPHONE (970) 476-8610 • FAX (970) 476.l6l ....7 --- CIlITentIt IJ I I JUNI13-~3 12.51 FROM.AMSDEN DAVIS &FOWLER 9704768637 ! ! r j J AMS Deve.lopment, Inc. ,soo S. Fron~t(: Road F..asl, SI.e. 112 Vail, CO. 81657 I J June 1.3, 2003I J Town of Vailt I Dept. ofCommunity Development 75 South Frontage Road Vail, CO. 8]657 RE: Application for Text Amendment to Chapter 12-13-4 I Requirements by Employee Housing Unit Type I TO: 9704792452 Current Type II Employee Housing allows for a third unit, up to 1,200 sq.ft. in size, to be constructed upon a primary-secondary lot containing more than 14,000 sq.ft .. This unit is required to be an EmI and must 'be a rental unit under the current zoning regulations. The applicant is requesting the creation of a $ub-cat~gory oftbe Type II employee housing code, to be named Typc II-A EOO. This new category will not create additional density under the existing employee codc. The Type II-A EHU shall be a conditional use und if approved. shall allow fur resale of the EHU. Criteria shall be established for consideration ofa Type II-A BHU. The criteria shall include lot Si1.e, unit size and an additional storage I REQUESTED AMENDMENT T)l?c U-A EHU 1. Owocrshipffransference "The El1U may be sold Qr tfan.yforred as a separate unit subject to appruva/ Qfa conditional use permil by the Planning and Environmental Commission. The E~if approved for re.\'ule. shall a. be both physically and aesthetically integrated into the primary-secondary structure undef c:on.dderaiion b. satisfy design review requifements established I Chapter J8.54 ofthe Town of Vail Zoning Code. " The Phuming Commission sball utilize those criteria set forth in Section 4 below in considering each application for a Type n-A EHU. The criteria shall be used as guidelines in an effort to allow the PEe flexibility in consideration of each application.as it applies to surrounding property type~ and uses. Voioe (970)-479-0837 Fax (970)-479...52'18 JUN-13-2003 12:51 FRoM:~MSDEN D~VIS &FoWLER 9704768637 TO: 9704792452 Purpose Encourage and promote development of employee housing wUts by the private se(:tor. This would provide a profit incentive to developers to construct additional Type II EHU's within the Town of Vail. Under current zoning code, there is DO incentive to create the additional EHU on lots cxceeding 14,000 square feet. 2. Garage/Storage Requirement The text shall be identical to Type II EHU code with the following additional language: "In addition tf) the enclosed garage area, a Type II-A EHU shall be required to provide a minimum 0/75 sqlt. ofinterior storage area. " Purpose Provide adequate storage area for local owner/occupant. The one-car garage limitation may not provide adequate storage facilities for the owner. In such cases. garages then become storage facilities and parking occurs outside the garage, becoming a vjsuaJ deterent to curb appeal ofthe property. 3. Maximum GRFA "On EHU's that intend to be sold or trans/ened, the lIUlXimum size shall be25% o/the ~."". o/the total GRFA lind credib allowed/or the site, but under no circumstance shall the size o/the EHU exceed 1,500 sqJt.. " Purpose Diversify the occupant type in VaiJ's employee housing base. Larger unit si7..e lends itself to more pennanent occupancy. There is no current local's housing that addresses middle-income professionals (salespeople, attorneys, town planners, young doctors. etc.). This occupant type is important to improving the lackluster local economy. Many local professionals desire to live in the Town ofVai~ but much ofthe free-market housing is very dated (age and floor plans), tbus they migrate down valley looking for better selection. The 1,500 sq.ft. maximum would allow for a large 2-bedroom or moderate sized 3-bedroom floor plan. 4. Criteria for CODsideration of Conditional Use Permit for Type lI·A EHU a. Minimum lot size ofapPl'oximately 21,000 sq.:ft. (14.000 sq.ft. =minimum lot size for PIS, 21,000 should be sufficient lot size to accommodate the additional EHU). The 25,000 sq. 'ft. ''net buildable" lot size requirement recommended by the PEe in it's June 9th virtually eliminates application oftbis zoning in the neighborhoods that would predominently use it (West Vail area). Other areas in Vail Valley (EastVaiJ, Booth Creek~ Potato Patch, Vail Golicourse, and Glen Lyon command higher resale values and private­ sector deveJopers will not sacrifice the high resale values offree market units to build a I lower resale EHU. The Town ofVail needs to look at the "overall" picture ... the private sector ic; NOT building employee housing under current codes. Ifthe incentive is not provided. this trend I I f f · JUN-1~-~103 12:51 FROM:AMSDEN DAVIS &FOWLER 9704768637 TO: 9704792452 I ' I win continue. ODce again.. the Type II·A BHU under consideration is not increasing density from the currently Type n EHU zoning code. Using "net buildable" criteria in the conditional use process is contradictory to the PrimaJ:y-Secondary Zone District. b. The maximum size shall be 25% ofthe sum ofthe total GRF A and credits allowed for the site, but under no circumstance shan the size ofthe EHU exceed 1,500 sq.ft.." J:y involvement with development alternatives on a vacant Jot at 2388 Garmisch Drive is a classic ~mpJe of why this amendment should be recommended to the Vail Town Council: I applied for this amendment tor development ofa Type TI-A unit (1425 sq.ft. 2.BRl2.5 ..bath) on a primary-secondary site at 2388 Garmisch Drive (21,528 sq.tl:. lot surrounded by older 4·plex st:ructu.res). Thave since terminated that development plan and will now be constructing a primary­ s;condary residence without an EInl. Thank you fur your time and consideration. , I