HomeMy WebLinkAboutPEC110051 SDD 29 crossview major amendment EHU 091211TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: September 26, 2011
SUBJECT: A request for a final recommendation to the Vail Town Council
for a major amendment to Special Development District No. 29, The Valley Phase II, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the exchange of the
on-site employee housing unit (EHU) requirement in accordance with the provisions of Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code; located
at 1460 Buffehr Creek Road, Unit G/ Lot G, Crossview at Vail, Phase 3, and setting forth details in regard thereto. (PEC110051)
Applicant: Craig B. Cohn and Sharon M. Puczynski
Planner:
Rachel Dimond
SUMMARY
The applicants, Craig B. Cohn and Sharon M. Puczynski, are requesting review of a major amendment to Special Development District No. 29, The Valley Phase II,
in order to remove the on-site employee housing unit requirement and subsequently transfer the deed restriction to another unit in accordance with the provisions of Section 12-13-5,
Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code.
Based upon Staff’s review of the criteria outlined in Section VII of this memorandum and the evidence and
testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for this
application, subject to the findings noted in Section VIII of this memorandum. Attached for review is a vicinity map (Attachment A), the applicant’s request (Attachment B), Ordinance
No. 17, Series of 1993 (Attachment C), Ordinance No. 6, Series of 1997 (Attachment D), and a draft of Ordinance No. 19, Series of 2011 (Attachment E).
II. DESCRIPTION OF REQUEST
The
applicants, Craig B. Cohn and Sharon M. Puczynski, are requesting the Planning and Environmental Commission forward a recommendation to the Vail Town Council on a major amendment to
Special Development District No. 29, The Valley Phase II. The
amendments, as outlined in Ordinance No. 19, Series of 2011 (see Attachment C), are summarized as follows:
Remove the provision that Residence G have an on-site employee housing unit;
and
Amend the allowable Gross Residential Floor Area (GRFA) to reflect the changes in GRFA calculation, which does NOT result in any increase in allowable GRFA, except for Residence
G, which will absorb the EHU floor area.
Should the on-site EHU requirement be removed, the applicant is requesting to transfer the deed restriction to a currently non-deed-restricted
unit in accordance with Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. While the SDD language states the EHU be 534 square feet, the recorded
deed restriction is for 433 square feet, as is shown on the floor plans. These regulations would require that in exchange for removing the deed restriction from the 433 square foot
EHU, the proposed employee housing unit would have to be at least 866 square feet if it is located outside the commercial job core, as is to be proposed.
III. BACKGROUND
Special
Development District No. 29, The Valley Phase II, was established by Ordinance No. 17, Series of 1993, adopted on September 7, 1993. The purpose of establishing SDD No. 29 was to provide
“greater flexibility in the development of the land than would be possible under the current zoning of the property.”
Ordinance No. 6, Series of 1997, amended the SDD to add development
potential for Tract A. The SDD was erroneously labeled SDD No. 28, which was already utilized by The Christiania. As a result, the SDD number was changed, along with a few other minor
changes, in Ordinance No. 6, Series of 1997, which was adopted on March 25, 1997. There have been no other amendments to the SDD.
IV. APPLICABLE PLANNING DOCUMENTS
Staff believes
that the following provisions of the Vail Town Code are relevant to the review of this proposal:
TITLE 12: ZONING REGULATIONS, VAIL TOWN CODE
ARTICLE A. SPECIAL DEVELOPMENT (SDD)
DISTRICT (in part)
12-9A-1: PURPOSE AND APPLICABILITY:
A. Purpose: The purpose of the special development district is to encourage flexibility and creativity in the development of
land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision
of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the
community as stated in the Vail comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall
establish the requirements for guiding development and uses of property included in the special development district.
12-9A-2: DEFINITIONS:
MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEW):
Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district
(other than "minor amendments" as defined in this section), except as provided under section 12-15-4, "Interior Conversions", or 12-15-5, "Additional Gross Residential Floor Area (250
Ordinance)", of this title.
12-13-5: EMPLOYEE HOUSING UNIT DEED RESTRICTION EXCHANGE PROGRAM:
A. Purpose: The purpose of this Section is to provide occupied livable, affordable
employee housing units within the Town of Vail through the establishment of an employee housing unit deed restriction exchange program. The exchange program allows the Town Council
to release a deed restriction from an existing employee housing unit in exchange for the placement of an employee housing deed restriction on another dwelling unit and/ or a fee-in-lieu
payment made to the Town of Vail.
B. Applicability: The program established under this section applies to existing employee housing units. This shall not apply to any existing employee
housing unit that is already price appreciation capped or any employee housing unit established to meet the on site employee mitigation requirements of chapter 23, "Commercial Linkage",
or chapter 24, "Inclusionary Zoning", of this title or as part of an approved development plan.
C. Definitions: For the purpose of this section: COMMERCIAL JOB CORE: Those areas located
south of Interstate 70, east of the intersection of Forest Road and South Frontage Road, north of Vail Mountain, and west of the town of Vail soccer fields on Vail Valley Road, as further
defined by exhibit A of this section.
Exchange EHU: The existing non-price appreciation capped employee housing unit or other unit with an employee housing deed restriction that is
being proposed to have the deed restriction released as part of this program.
Proposed EHU: The existing dwelling unit that is being proposed to receive an employee housing deed
restriction as part of this program.
D. General Requirements: The Town Council may approve the removal of an employee housing deed restriction from an existing employee housing unit
in exchange
for the placement of an employee housing deed restriction on to another dwelling unit, and/or the payment of a fee-in-lieu.
Exchange EHU requirements:
The exchange EHU shall not be
part of any employee housing project developed or deed-restricted (in part or in whole) by the Town of Vail.
The exchange EHU shall not be part of any on-site employee housing mitigation
required by inclusionary zoning, commercial linkage, or as part of an approved development plan.
The property that includes the exchange EHU shall comply with the prescribed development
standards (density controls including GRFA and number of units, site coverage, landscaping and parking requirements, etc.), as outlined in the applicable zone district section of Title
12, Zoning Regulations, Vail Town Code, upon exchange of the deed restrictions.
Proposed EHU requirements:
The proposed EHU(s) shall be located within the Town of Vail.
The proposed
EHU(s) shall be within a homeowners association that does not preclude deed restricted units, does not have a right of first refusal, does not have right to approve the sale or the sale
contract, or have any other requirements deemed to be similarly restrictive by the Administrator.
The proposed EHU shall comply with the minimum size requirements shown in Table 13-2.
TABLE 13-2: MINIMUM SIZE OF PROPOSED EHUs
Type Of Unit
Minimum Size (GRFA)
Studio
438 square feet
1 bedroom
613 square feet
2 bedroom
788
square feet
3+ bedrooms
1,225 square feet
The proposed EHU shall contain a kitchen facility or kitchenette and a bathroom.
The property on which the proposed EHU
is located shall comply with Chapter 12-10, Off-Street Parking and Loading, Vail Town Code.
The proposed EHU shall have its own entrance. There shall be no interior access from the
proposed EHU to any dwelling unit to which it may be attached.
Exchange Rate for Proposed EHUs:
If the exchange EHU(s) is within the commercial job core and the proposed EHU(s) is also
within the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of two (2) times the gross residential floor area (GRFA) of the exchange
EHU.
If the exchange EHU is within the commercial job core and the proposed EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s)
shall be a minimum of three (3) times the gross residential floor area (GRFA) of the exchange EHU.
If the exchange EHU is outside of the commercial job core and the proposed EHU(s) is inside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s)
shall be a minimum of one and one-half (1.5) times the gross residential floor area (GRFA) of the exchange EHU.
If the exchange EHU is outside of the commercial job core and the proposed
EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of two (2) times the gross residential floor area (GRFA)
of the exchange EHU.
No Credit Given: If the gross residential floor area (GRFA) of the proposed EHU(s) is in excess of the minimum required gross residential floor area (GRFA) as
set forth in Subsection D3 above, the additional gross residential floor area (GRFA) shall not be eligible for use as any form of future credit or for the Commercial Linkage or Inclusionary
Zoning employee housing mitigation banks established by Sections 12-23-7 and 12-24-7, Vail Town Code.
Fee-In-Lieu: The applicant may elect to provide a fee-in-lieu payment to the Town
of Vail for any portion of the required square footage not provided by a proposed EHU. The town shall only use monies collected from the fees in lieu to provide new employee housing.
The applicant shall pay a fee-in-lieu equal to the following formulas:
Existing EHU sq. ft. x multiplier x inclusionary zoning fee = Fee-in-Lieu Payment
If the exchange
EHU was approved prior to July 22, 1994 and has a deed restriction that includes the language stating “if the unit is rented, it shall be rented only to tenants who are full time employees…,”
the formula for fee-in-lieu payment is:
[the square footage of the exchange EHU as recorded on the deed restriction] x [the current rate for inclusionary zoning fee-in-lieu] x 1
If
the exchange EHU was approved after July 22, 1994 and/or does not have a deed restriction that includes the language stating “if the unit is rented, it shall be rented only to tenants
who are full time employees…”, and If the exchange EHU is outside of the commercial job core, the formula for fee-in-lieu payment is:
[the square footage of the exchange EHU as recorded
on the deed restriction] x [the current rate for inclusionary zoning fee-in-lieu] x 2
If the exchange EHU was approved after July 22, 1994 and/or does not have a deed restriction that
includes the language stating “if the unit is rented, it shall be rented only to tenants who are full time employees…”, and is within the commercial job core, the formula for fee-in-lieu
payment is:
[the square footage of the exchange EHU as recorded on the deed restriction] x [the current rate for inclusionary zoning fee-in-lieu] x 3
F. Review Process:
Submittal Requirements: The administrator shall establish the submittal requirements for an employee housing deed restriction exchange application. A complete list of the submittal requirements
shall be maintained by the administrator and filed in the community development department. Certain submittal requirements may be waived and/or modified by the administrator and/or the
reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed exchange. The administrator and/or the reviewing body
may require the submission of additional materials if deemed necessary to properly evaluate the application.
Review Procedures:
Administrator Review: The administrator shall review the
application for completeness and compliance with this section, and shall make a determination of completeness and compliance with this section within fourteen (14) days of application
submittal. Should the administrator deem that the application is incomplete or not in compliance with this section, the administrator shall deny the application. Should the administrator
deem the application is both complete and in compliance with this section, the administrator shall forward the application for review by the Vail local housing authority.
Vail Local
Housing Authority Review: The review of a proposed employee housing deed restriction exchange application shall be held by the Vail local housing authority at a regularly scheduled meeting.
A report of the community development department staff's findings and recommendations shall be made at the formal hearing before the Vail local housing authority. Within twenty (20)
days of the closing of a public hearing on a proposed amendment, the Vail local housing authority shall act on the application. The authority may recommend approval of the application
as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purposes of this title, or may recommend denial of the application. The authority
shall transmit its recommendation, together with a report on the public hearing and its deliberations and findings, to the town council.
Town Council Review: Upon receipt of the report
and recommendation of the authority, the town council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on
the application, the town council shall act on the application. The town council shall consider but shall not be bound by the recommendation of the Vail local housing authority. The
town council may approve, either in accordance with the recommendation of the Vail local housing authority or in modified form, or the council may deny the application.
Criteria and
Findings:
Criteria: Before acting on an Employee Housing Deed Restriction Exchange application, the Vail Local Housing Authority and Vail Town Council shall consider the following
criteria with respect to the application:
The proximity and accessibility of the proposed EHU(s) to the Commercial Job Core and public transportation; and
The size of the proposed EHU(s) in relation to the minimum employee housing unit sizes established for Commercial Linkage mitigation in Section 12-23-3, Vail Town Code; and
The effect
of any homeowners association dues or maintenance fees imposed upon the proposed EHU(s) on the affordability of the proposed unit for an employee; and
The correlation between any homeowners
association fees imposed upon the proposed EHU(s) and the services and amenities provided by the homeowners association.
The extent to which the exchange is consistent with the applicable
elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and
The extent to which
the exchange presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and
The extent to which the exchange provides
for the growth of an orderly viable community and serves the best interests of the community as a whole.
Town Of Vail Employee Housing Strategic Plan
OBJECTIVES
F. Increase and maintain
deed-restricted housing within the Town to encourage the efficient use of resources by placing employees closer to their place of work.
It is understood there is a reduced need for
personal automobiles and reduced transit costs when home and work are in close proximity to one another. Also, there may be changes in workforce demographics that result in opportunities
to reduce parking associated with affordable housing in selected locations. To the extent these opportunities can be realized, without negative impacts on the overall community, they
will be explored.
Employee Housing Units Exchange Program
The Town will conduct a review of the “dispersed housing units” that have been created under the density bonus provisions allowed
by Town Code since 1982. It is estimated that 123 units were created under the existing program, typically ranging in size from 300 to 500 square feet. It is believed that many of
these units are not being used to house employees as anticipated by the program. Although these units are covered by various types of deed restrictions, the requirements are not uniform
and in many cases are not meeting the objective of providing long-term dispersed employee housing. The Town will evaluate the current program and will consider a “deed restriction exchange
program” as a part of this overall effort. The program would likely permit, at the initiation of the landowner, the exchange of small rental units for a larger for-sale, price appreciation
capped employee housing unit. Guidelines for the program will be developed. It is expected that these standards will address recommended size of units,
location, homeowner’s fees and other aspects of the program. Such a program has been recently tried in Vail. It is believed that other dispersed employee units, not currently in use,
could be leveraged into permanently restricted units by using this technique; it could represent an important element of this overall plan. The Units Exchange Program is to increase
the quality and the total quantity of employee housing within the Town of Vail. Achieves Objectives B, E, F, and G.
V. SITE ANALYSIS
Address: 1460 Buffehr Creek Road
Legal Description: Crossv
iew at Vail
Zone District: Residential Cluster (RC District),
SDD No. 29, The Valley Phase II
Land Use Designation: Medium Density Residential
Development
Standard
RC Zoning
SDD
No. 29/
Existing
Proposed
Lot Area:
15,000 sq. ft.
Tract A- 0.860 acres
Tract B-2- 2.418 acres
Total= 3.278 acres/ 142,789 sq. ft.
No change
Setbacks:
-front
-sides/rear
20
feet
15 feet
Per development plan
No change
Building Height
30 feet flat
33 feet sloping
Per development plan
No change
Dwelling Units/Acre
6 DU/ buildable acre
9 DU
9 DU
EHU
None required
1 on-site EHU in Unit G
1 EHU- 433 sq. ft. onsite or 866 sq. ft. off-site
GRFA
36% of
buildable area
Tract A- 5,993 sq. ft.
Tract B-2- 13,623 sq.
ft.
Tract A- *
Tract B- 15,111 sq. ft. **
Site Coverage (max)
25% of total site
Per development plan
No change
Landscape Area (min)
60% of total site
Per development plan
No
change
Parking
Per Chapter 12-10, Vail Town Code
Per Town Code, min 2 enclosed spaces
No change***
* Tract A updated GRFA will be calculated prior to ordinance drafting
**Updated
to reflect GRFA calculations under current regulations
***Should the EHU be relocated off-site, existing EHU parking will be absorbed by Unit G, thus increasing their existing parking
for that unit.
VI. SURROUNDING LAND USES AND ZONING
Existing Use Zoning District
North: Residential High Density Multiple Family (HDMF) District
West: Residential Residential Cluster (RC)
District
East: Residential Residential Cluster (RC) District
South: Open Space Natural Area Preservation (NAP) District
VII. REVIEW CRITERIA
The following design criteria
shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material
and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with
the public interest has been achieved:
Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural
design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation.
Staff finds that the proposed major amendment to incorporate an existing EHU
into the adjacent dwelling unit does not affect design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design,
scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation, as none of these components change.
Relationship: Uses, activity and density which
provide a compatible, efficient and workable relationship with surrounding uses and activity.
Staff finds the removal of an on-site employee housing unit will reduce density and will
improve the workable relationship with surrounding uses and activity. The purpose of the on-site employee housing unit was to provide more employee housing, but also potentially house
someone who would manage the facilities on-site. Since the employee housing unit is not utilized by someone working on-site, the use may be better suited at a location near transportation
and job cores.
Parking And Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title.
Staff finds the removal of the employee housing unit
will improve compliance with parking and loading requirements as outlined in Chapter 12-10, Vail Town Code. Unit G is already in compliance with parking requirements, as they have 2
enclosed spaces plus at least 2 additional spaces outside the garage. The employee housing unit has one space outside the unit, but today would be required to have at least two
spaces. The one parking space outside will be absorbed by Unit G and will eliminate a non-compliant unit with regard to parking.
Comprehensive Plan: Conformity with applicable elements
of the Vail comprehensive plan, town policies and urban design plans.
Staff finds the application complies with Objective F of the Town of Vail Employee Housing Strategic Plan, which
calls for “placing employees closer to their place of work.” The removal of the on-site employee housing unit and relocation to somewhere closer to public transportation and/or the
job core will improve the employee experience and will provide for a more usable employee housing unit. Further, the Town of Vail Employee Housing Strategic Plan calls for an exchange
program, which was created as a result of the plan. This exchange program is being proposed to be utilized in order to replace an underperforming EHU with a performing EHU.
Natural
And/ Or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed.
Staff finds
that this criteria is not applicable to this application. The EHU in question is not located in a hazard area.
Design Features: Site plan, building design and location and open space
provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community.
Staff finds that because
the structure and site plan are not changing at all, this criteria is not applicable.
Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off
site traffic circulation.
Staff finds that the removal of one unit on site will reduce congestion on and off site. This is the result of fewer vehicles likely traveling to this location,
one less unit accessed off the shared drive, and less pedestrians walking down the street to reach public transportation.
Landscaping: Functional and aesthetic landscaping and open
space in order to optimize and preserve natural features, recreation, views and function.
Staff finds that because the structure, site and landscaping plan are not changing at all,
this criteria is not applicable.
Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district.
Staff
finds that because the structure is not changing, and the SDD is built out, this criteria is not applicable.
VIII. RECOMMENDATION
The Community Development Department recommends the
Planning and Environmental Commission forwards a recommendation of approval, with conditions, to the Vail Town Council for the proposed major amendment to Special Development District
No. 29, The Valley Phase II.
Staff’s recommendation is based upon a review of the criteria and findings as outlined in this memorandum and from the evidence and testimony presented.
Should the Planning and Environmental Commission choose to forward a recommendation of approval with conditions of this major amendment to a special development district, the Community
Development Department recommends the Commission pass the following motion:
“The Planning and Environmental Commission forwards a recommendation of approval with conditions of the
request for a proposed major amendment to Special Development District No. 29, The Valley Phase II, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the
exchange of the on-site employee housing unit (EHU) requirement in accordance with the provisions of Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town
Code, located at 1460 Buffehr Creek Road, Unit G/ Lot G, Crossview at Vail, and setting forth details in regard thereto.”
Should the Planning and Environmental Commission choose to
forward a recommendation of approval of this major amendment to a special development district, the Community Development Department recommends the Commission apply the following condition:
“The
approval of a major amendment to SDD No. 29 is contingent upon the approval of an employee housing unit transfer in accordance with the provisions of Section 12-13-5, Employee Housing
Unit Deed Restriction Exchange Program, Vail Town Code.”
Should the Planning and Environmental Commission choose to forward a recommendation of approval with condition(s) of this major
amendment to a special development district, the Community Development Department recommends the Commission make the following findings:
“Based upon the review of the criteria outlined in Section VIII of the September 26, 2011 staff memorandum and the evidence and testimony presented, the Planning and Environmental Commission
finds:
“1. The proposal to amend Special Development District No. 29, The Valley Phase II, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code;
and,
2. The applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of
the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and,
3. The request is consistent with the development
goals and objectives of the Town of Vail Comprehensive Master Plan.”
IX. ATTACHMENTS
Vicinity Map
Applicant’s Request
Ordinance No. 17, Series of 1993
Ordinance No. 6, Series of 1997
Draft
Ordinance No. 19, Series of 2011
/