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Home My WebLink AboutPEC130027 Denial Action Form and Application . �""�� I�ii III I�ii � � "1"��'"��'�1"�I��I�ii��ii� �� ii�� ' �� '"� ��. �� . � �� IIC��iii�t��i�t �� i��ii�iii�� IIIC��I��iir�� , �� "�� u� I� ii��r� �� iiii I� �� 1��W�� iu �W,W,W,W'w,W,W,W,W,W,W,W,W,W,W,W,W,W,w,W,W,W,w,W,W,W,W,W,W,W,W,w,W,W,W,W,W,W,W,W,W,W,W,W,W,w,W,W,W,W,W,W,W,W,W,W,W,W,W,W,W,W,w,W,W,W,W,W,W,W,W,W,W,W,W,W,W,W,W,W,W,W,W� . ��I. ��"�.��'�,��,1�� 1��, ��'��,��.��I W�� N��°��F�� ,;'�� '��.��i��I��,��ii Project Name: Primary/Secondary Zone Distr PEC Number: PEC130027 Project Description: ZONING CODE AMENDMENT TO SECTION 12-6D-8: DENSITY CONTROL, TO READ: A. DWELLING UNITS: NOT MORE THAN A TOTAL OF TWO (2) DWELLING UNITS SHALL BE PERMITTED ON EACH SITE (STRIKE THROUGH "WITH ONLY ONE DWELLING UNIT PERMITTED ON EXISTING LOTS LESS THAN Participants: OWNER WILLIAMS FAMILY TRUST II - W 10/03/2013 2 LADUE LN SAINT LOUIS, MO 0 APPLICANT WILLIAMS FAMILY TRUST II - W 10/03/2013 2 LADUE LN SAINT LOUIS, MO 0 Project Address: 302 MILL CREEK CR VAIL Location: Legal Description: Lot: 7 Block: 1 Subdivision: VAIL VILLAGE FILING 1 Parcel Number: 2101-082-4901-1 Comments: See conditons BOARD/STAFF ACTION Motion By: Kurz Action: DENIED Second By: Ca rti n Vote: 4-0-2 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: Warren Campbell PEC Fee Paid: $1,300.00 **********************+**********************�********************************************** TOWN OF VAIL, COLORADOCopy Reprinted on 10-03-2013 at 16:44:24 10/03/2013 Statement ************************************************************************+*+*********«******* Statement Number: R130001625 Amount: $1, 300.00 10/03/201304 : 44 PM Payment Method: Check Init: DR Notation: CK# 1794 WILLIAMS FAMILY TRUST II ----------------------------------------------------------------------------- Permit No: PEC130027 Type: PEC-Zoning Code Amendmen Parcel No: 2101-082-4901-1 Site Address: 302 MILL CREEK CR VAIL Location: Total Fees: $1, 300.00 This Payment: $1, 300.00 Total ALL Pmts: $1, 300.00 Balance: $0.00 ******************************************************�+*****«****************************** ACCOLJNT ITEM LIST: Account Code Description Current Pmts -------------------- ------------------------------ ------------ PV 00100003112500 PEC APPLICATION FEES 1, 300. 00 ----------------------------------------------------------------------------- [?epartment of Community aevelopment 75 South Frontage Road T(�UVN Q� YAiL�` TeIV970-479-2128 www.vaiEgov.com Development Review Coordinator Amendment to District Boundaries {Rezaning} or Zoning C?rdinance App�ication for Review by the Pianning and Environmental Commission Generai information: An amendment of the zoning regulations or change in zone district boundaries may be initiated by the Town Council, by the Planning and Environmental Commission, by petition of any resident or praperty awner in the Tawn,or by the Administrator. Raquired cr9teria and findings for such pefl6on are stated i�Section 12-3-7C, Vaii Town Code. Reievant sections of the Vaii Town Code can be found an the Town's website at www.vaiigov.com. The proposed project may atso require otfier permits or applications and/or revisw by the Design Review Board and/or Town Council. Fee: $13Q0 oesarapt�on ot the Request: Zoning Code Amendment to Section 12-6D-8: Density Controi, to read: A. Dweiling Units: Not more than a#ota(of two{2� dwelling units shall be permitted on each si#e. , • Physical address: ��Mill Creek Circle, Vail, Coiorado 81657 Parcel Numi�er� 21��-�$�"�S"�11 {Coniact Eag3e Co.Assessor at 97Q-328-8&44 for parcet�o.a �roperey owner: Wiiliams Family Trust Mailing Address: 2�8du2 Ln., St. Louis, MQ, 63124-1632 Phane: {314)993-1 i 5(} Qwner's Signa#ure: �'�f�{��.,r I� ��'i '1��.AtX�:� �'y`��.`��F Primary Contact/Owner Representative: TlI7t D�vlin, Devlin �aw Group, LLC Mailing Address: 2a1 COlUmbitt2 St., Suite#300, Denver, CO 80206 Phone:{3fl3) 358-0742 E,��;�; tdevlin@dev{awgraup.com Fax: _ -� ; For Office Use Only: < Cash CC: Visa!MC Last 4 CC# __ Exp.Date:�__.� Auth# Check#_1�9_�....___ ; Fee Paid: to�.__... Received F om: 1,�ILLI$L+� Cwm��v TRusr_TT_ ' __._ � Meeting Date: �-.1�.1....:.�3 PEC No.:T .C.I�CJt�.2�,e7 _ _ i Pfanner: _._-- -._� Project No:�R�t3 =�.��,`�-t�-.-- . � ___�.. Zoning: _.__... __ Land Use:._. _..------ -- � Location of the Proposal: Lot:�_..._.___Block: _..._.T 5ubdivision:__ p�L 1�LLdr1FA.�.-rs—F�..4.I.A�l�_�� ; 3 � D CC� f�� MC� �CT 0 3 2013 TOWN OF VAIL DEVLIN LAW GROUP, LLC ., .3 DENVER/VAIL October 1, 2013 Town of Vail Community Development Department Planning& Environmental Commission 75 South Frontage Road West Vail, Colorado 81657 Re: Request for Zonin�;Code Amendment to Section 12-6D-8: Density Control (PrimarylSecondar,y P/S Zoning District) Dear.Plan.ning & Environme»tal C'ommission: Tliis letter has been prepared to suppleniei.lt the applicant's request for an Amendment to the Town of Vail Zoning Code, �12-6D-8: Density Control, in the Primary/Secondary (P;'S) Loning District, to z•ead as follows: A. Dwelling Units: Not more than a total of two (2) dwelling units shall be permitted on each site. • ��*'� ^^'��^ ° �'�_�°";^^, ^;*^°�;**°a ^ a.,;�*;,,,, i,.*� io�� *�,,,,, �,,,-�o „ *�,,, ,,,� �i n nnm � a �a� , • I. Bacicground: When Vail Associates was formed in the early 1960s, "they sold 100 limited partnerships at$10,000 each, and each partnership got equity,four lifetime lift passes and the right to pick out a residential lot for an additional$250. But they had to start construction on it within a year. So Vail[AssociatesJ didn't give them a deed right away; they had a lease. When they started construction at some point in time after that[vail AssociatesJ would give them a deed and then they'd go out and borrow money. That first year we probably had in round numbers about 25 houses built—some quite modest, some a little bigger—but everything in those early days was pretty modest. Nothing terribly fancy."� Many of those early investars chose to purchase lots on what became Mill Creek Circle, Farest Road, and Beaver Dam Road. In 1962, land owners Vail Associates, Ltd., and Vail Village ' See The Vail Business Journal, Uail's 50th:A Conversation with Rod Slifer, by David O. Williams, December 13, 2012. DEVLIN LAW GROUP,LLC 201 Columbine Street, Suite#300 Denver, Colorado 80206 Office: (303)780-4947; Mobile: (303)358-0742 Email:tdevlin(�devlawgrou .com Town of Vail October 1, 2013 Page#2 Inn, Ltd., recorded Protective Covenants for Vail Village First Filing, which provided, among other things, the right to build"not more than two separate apartments"z: I.r�q � '!(:� �lfl ��4i 1f . � ... . f. . ,Ni'i ��'fli 10,TIC�tI �;I9 4f�fn$ ��11�1<;L4R s`F�X'�G �,'��.7LSfr L��1$1�. �' " F-'�.'�� u�sd �a�' Ch� to1l�,rir.� �aurpage�� . � ��!`�'� .. }r'. ' . 2.1. �o �.t�� i�s ��cke l ar�d 7 ck�aY]..�a �snc� nc�x�r : ,��rae p:ivat�a r��l.�ar.�e:�� aaeh t4 cor.tal.n n�� ae+s,tt�a� ks.'q� �Q�Srat+�q`� a.,��b��rt,�ann�a.,� . : t, . � _ ; However, as Vail developed rapidly during the 1960s and 1970s, it became apparent to the Town Council that there was a need to further control residential densities within the Town. Ordinance No. 7. Series of 1969. Accordingly, in 1969, the Vail town council adopted Ordinance No. 7, entitled "AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FOR THE TOWN OF VAIL. . . .", Vail's first official Zoning Code. 3 This new Zoning Code established, among other things, two residential zoning districts: the Residential District and the Multi- Family District.4 For the Residential District (which applied to the applicant's property and all of the other lots on Mill Creek Circle),this 1969 Zoning Code provided: (a) Uses Permitted.A person shall not use any premises in a Residential District except as hereinafter specifically permitted. 1. Uses by Rieht (a) Single-family residential dwellings; (b)Two-family residential dwellings; (c) Single-family and two family residential dwellings or one or more rooms contained therein, used by the owners as income producing property and available to the public for rent or hire.s [Emphasis added.] The applicant, as well as all others owning properiy in the town of Vail who were re-zoned to Residential District, now had an undeniably reasonable investment-backed ex�ectation that theX 2 Protective Covenants, Vail Village First Filing, Eagle County Colorado, recorded August 10,1962, at Book 174, Page 179. 3 Ordinance No. 7, Series of 1969. 4 Ordinance No. 7, Series of 1969,Article II., Sections 1 &2. 5 Ordinance No. 7, Series of 1969,Article II., Section 1(a). Town of Vail October 1, 2013 Page#3 would be able to build, occu�,v and/or rent u� to two (21 residential dwellings on their res�ective lots (if they did not already have that right by virtue of the 1962 Protective Covenants.)6 Ordinance No. 7 (1969) also provided: (b) Re�ulations. The regulations under which the uses in a Residential District are permitted are as follows: 1. Minimums. The following minimums shall apply: (a) Floor area: 900 square feet; (b)L ar : 10,000 square feet; (c) Setback: Front, rear and side- 10 feet. 2. Floor Area Ratio. The floor area ratio shall not exceed 0.33:1.� [Emphasis added.] Ordinance No. 8. Series of 1973. Four years later, town council adopted Ordinance No. 8, Series of 1973, in order to amend Ordinance No. 7 (1969), "to meet changing conditions within the Town and to provide for the orderly growth and development of the Town. . ."g This Ordinance established twelve (12) zoning districts, five of which were residential in nature.9 Council also adopted a new Official Zoning Map of the Town with this Ordinance10, with applicant's property being zoned "R Two Family Residential." For the R Two Family Residential District (which applied to the applicant's property and all of the other lots on Mill Creek Circle), the 1973 Zoning Code thus provided: Section 3.200 Permitted Uses The following uses shall be permitted: (1) Single family residential dwellings. (2) Two family residential dwellings.�� 6 See Footnote 2 above. �Ordinance No. 7, Series of 1969,Article II., Section 1(b). 8 Ordinance No. 8, Series of 1973, Introductory Recitals. 9 Ordinance No. 8, Series of 1973,Article 1, Section 1.201, established the following residential zoning districts:(1) SFR Single Family Residential District; (2) R Two Family Residential District; (3) LDMF Low Density Multiple Family District; (4) MDMF Medium Density Multiple Family District; and (5) HDMF High Density Multiple Family District. 10 Ordinance No. 8, Series of 1973,Article 1, Section 1.202. " Ordinance No. 8, Series of 1973,Article 3, Section 3.200. Town of Vail October 1, 2013 Page#4 Section 3.500 Development Standards 3.501 Lot Area and Site Dimensions. The minimum lot or site area shall be 15,000 square feet. . . .�z 3.505 Density Control. Not more than 2 dwelling units in a single structure shall be permitted on each site, and not more than 25 square feet of gross residential floor area shall be permitted for each 100 square feet of site area.13 Ordinance No. 19. Series of 1976. Three years later, town council adopted Ordinance No. 19, Series of 1976, to "provide for proper land development and use. . .14 With respect to density control in the Two-Family Residential District, this Ordinance provided: "Not more than 2 dwelling units in a single structure shall be permitted on each site . . . . the aggregate gross residential floar area far the two dwelling units in a duplex structure may not exceed 4,000 square feet; and that a single- family dwelling may contain the maximum gross residential floor area permitted for the site area."�s Ordinance No. 30. Series of 1977. Ordinance No. 30, Series of 1977, established, among other things, a new zoning district and Chapter 18.13 entitled "TWO FAMILY PRIMARY/SECONDARY RESIDENTIAL DISTRICT". The stated purpose provided in pertinent part: "The Two-Family Primary/ Secondary Residential District is intended to provide sites for single family; or two-family residential uses in which one unit is a larger primary residence and the second unit is a smaller "caretaker apartment . . .".�6 The only two "Permitted Uses" were: (1) Single family residential dwellings, and(2)Two-family residential dwellings.�� Fifteen thousand (15,000) square feet was the new "Minimum Lot Area" established for this new district.18 Finally, regarding density control, Ordinance No. 30 provided: "Not more than two dwelling units in a single structure shall be permitted on each site. . . . On any site containing two dwelling units, one of the units shall 12 Ordinance No. 8, Series of 1973,Article 3, Section 3.501. 13 Ordinance No. 8, Series of 1973,Article 3, Section 3.505. 14 Ordinance No. 19, Series of 1976, Introductory Recitals. 15 Ordinance No. 19, Series of 1976, Section 4, Section 3.505 Density Control. 's Ordinance No. 30, Series of 1977, Section 2, §18.13.010, Purpose. "Ordinance No. 30, Series of 1977, Section 2, §18.13.020, Permitted Uses. 18 Ordinance No.30, Series of 1977, Section 2, §18.13.050, Lot Area and Site Dimensions. Town of Vail October 1, 2013 Page#5 not exceed one-third of the allowable total gross residential floor area (GRFA)."19 [Emphasis added.] The applicant's property, and all of the other lots on Mill Creek Circle, were concurrently rezoned this new Two-Family Primary/Secondary Residential District. Ordinance No. 12� Series of 1978. The following year, town council adopted Ordinance No. 12, which provided the following with respect to P/S density control: 18.13.080 DENSITY CONTROL (Two-Family Primary/Secondary Residential District) - Not more than a total of two dwelling units in a single structure shall be permitted on each site. . . . No two family residential lot except those totally in the red hazard avalanche zone, or the flood plain, shall be so restricted to a point it cannot be occupied by a two-family primary/secondary dwelling.'0 [Emphasis added.] Ordinance No. 22. Series of 1979. Council adopted Ordinance No. 22 the following year, which introduced and imposed the employee housing deed restriction and other severe development restrictions on Primary/Secondary lots less than 15,000 square feet; included were the following ordinance recitals: WHEREAS, presently all lots in the . . . Primary/Secondary Residential District are permitted two dwellings; WHEREAS, the town council is of the opinion that lots of less than 15,000 square feet would be overcrowded with two units; WHEREAS, only under certain exceptions should there be mare than one dwelling unit on a lot less than 15,000 square feet. Ordinance 22 went on to provide: 18.13.080 DENSITY CONTROL (Two-Family Primary/Secondary Residenrial District) (A)Not more than a total of two dwelling units in a single structure shall ,s Ordinance No. 30, Series of 1977, Section 2, §18.13.080, Density Control. 20 Ordinance No. 12, Series of 1978, Section 2, Section 18.13.080, Density Control. Town of Vail October 1, 2013 Page#6 be permitted on each site, with only one dwelling unit permitted on lots less than 15,000 square feet. . . . No two family residential lot except those totally in the red hazard avalanche zone, or the flood plain, or of those less than 15,000 square feet shall be so restricted to a point it cannot be occupied by a two-family primary/secondary dwelling. (B) The Planning and Environmental Commission may grant an exception to the restrictions of this Section relatin,� to lots less than 15.000 square feet to allow the addition of a second dwelling unit if the following criteria are met: (1) The second unit shall not exceed 1/3 of the total GRFA allowed on the lot; and (2) The Planning and Environmental Commission shall find that the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which the subject property is situated; and (3) The a�licant shall agree in writing: (a) That the second dwelling unit shall not be sold, transferred. or conveyed se�aratelX from the primary unit; and (b) That the secondary dwelling unit shall not be leased or rented far any period of less than 30 consecutive days; and that it shall be rented on1X to tenants who are residents of the U�per Eagle Valley or who are full-time employees in the U�er Eagle Valley. . . . (c) That the secondary shall not be divided into any form of time shares, interval ownership ar fractional fee; and (d) That a declaration of covenants and restrictions shall be filed of record in the office of the Eagle County Clerk and Recorder in a form approved by the Town Attorney for the benefit of the Town to insure that the restrictions herein shall run with the land; and (4)No such exception shall be granted unless a written application has been submitted to and considered by the Planning and Environmental Commission in accordance with the provisions of Chapter 18.66 of the Zoning Code of the Town of Vail.21 [Emphasis added.] Ordinance No. 35, Series of 1980. Town council adopted a corrective ordinance the following year,which provided: WHEREAS, the adoption of Ordinance 22, Series of 1979, omitted a 21 Ordinance No. 22, Series of 1979, Introductory Recitals, and Section 1, §18.13.080, Density Controi. Town of Vail October 1, 2013 Page#7 portion of the Density Control Section of the Two Family Primary/ Secondary Residential District; and WHEREAS, Ordinance 22, Series of 1979,needs to be corrected. This Ordinance went on to provide: 18.13.080 DENSITY CONTROL (Two-Family Primary/Secondary Residential District): (A)Not more than a total of two dwelling units in a single structure shall be permitted on each site, with only one dwelling unit permitted on lots less than 15,000 square feet. . . . On any site containin� two dwelling units, one of the units shall not exceed one-third of the allowable gross residential floar area (GRFA�. No two family residential lot except those totally in the red hazard avalanche zone, or the flood plain, or of those less than 15,000 square feet shall be so restricted to a point it cannot be occupied by a two-family primary/ secondary dwelling.'2 [new text shown as underlinedl Ordinance No. 22� Series of 1981. Considerable changes to the Primary/Secondary zoning district were made again the following year, with town council changing the review body for applications/ requests for exceptions to the density restrictions on lots less than 15,000 square feet, from the Planning and Environmental Commission (PEC) to the Design Review Board (DRB), finding that the "Department of Community Development is the appropriate agency to take final action on such requests and prepare the necessary agreements and restrictions for the use of employee housing."23 Ordinance No. 22 also adopted the following detailed requirements and criteria in repealing and reenacting Section 18.13.080: 18.013.080B. The Community Development Department may grant an exception to the restrictions of this section relating to lots of less than 15,000 square feet to allow the addition of a second dwelling unit if the following criteria are met: 1. The second unit shall not exceed forty percent of the total GRFR allowed on the lot; and 22 Ordinance No. 35, Series of 1980, Introductory Recitals and Section 1, §18.13.080 Density Control. 23 Ordinance No. 22, Series of 1981, Introductory Recitals. Town of Vail October 1, 2013 Page#8 2. The Community Development Department shall find that the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which the subject property is situated; and 3. That no variances for setbacks,height,parking, site coverage ar landscaping, site development or gross residential floor area would be approved unless the granting of such a variance benefits the visual appearance of the site and surrounding area; and 4. That fifty percent of the required parking must be enclosed, and 5. The architectural design of the structure and the materials and colors must be visually harmonious with their sites and with surrounding sites and structures, and must not unnecessarily block scenic views from existing buildings; and 6.Access to the secondary unit must not adversely affect adjacent structures; and 7. The applicant must demonstrate that the site has the ability to double its capacity for handling trash and outdoor storage, and 8.An application for the second unit, containing the following information, must be submitted to the Community Development Department for their review: a. Name of applicant and address b. Name of applicant's representative(if any) c.Authorization of property owner d. Location of the property far which the proposal is made e .A fee of$100.00 plus an amount equal to the then current first-class postage rate for each property owner to be notified hereunder f.A list of the names of the owners of all property adjacent to the subject property and their addresses for the purpose of notification; and 9. The proposed plan and all required materials must be submitted to the Design Review Board at their regularly scheduled meeting for their review and approval; and lO.The applicant shall agree in writing: a. That the secondary dwelling unit shall not be sold, transferred or conveyed separately from the primary unit for a period of not more than twenty(20)years and the life of Trent Ruder from the date that the Certificate of Occupancy is issued for said second unit; and b. That the secondary dwelling unit shall not be leased or rented for any period of less than thirty(30) consecutive days, and that if it shall be rented it shall be rented only to tenants who are full time employees in the Upper Eagle Valley. The " Upper Eagle Valley" shall be deemed to include the GoreValley, Minturn, Red Cliff, Gilman, Eagle-Vail,and Avon and their surrounding areas.A" full-time employee" is a person who warks an average of thirty (30) hours per week; and Town of Vail October 1, 2013 Page#9 c. That the secondary dwelling unit shall not be divided into any form of timeshares, interval ownership or fractional fee; and d. That a declaration of covenants and restrictions shall be filed of recard in the Office of the Eagle County Clerk and Recorder in a form approved by the Town Attorney for the benefit of the Town to insure that the restrictions herein shall run with the land.24 Finally, Ordinance No. 22 (1981) also provided for an appeal procedure of DRB/ Community Development Department decisions on such P/S zoning secondary unit application requests to be made to the PEC,with appeals of PEC decisions to the Town Council. 25 Ordinance No. 23. Series of 1981. Concurrent with adopting Ordinance 22, town council adopted Ordinance No. 23 (1981) regarding the increase in the permitted size and design of the primary/secondary structures: 18.13.080B 1. [The] [s]econd unit shall not exceed 40% of the total GRFR allowed on the lot and shall not be substantially similar in desi�n to the�rimarX unit.�b [Added text.] Ordinance No. 23, Series of 1986. Five years later, and to correct "a typographical error [that] resulted in Section 18.13.080 being eliminated" at the time Ordinances 22 and 23 (1981) were adopted, town council adopted Ordinance No. 23 (1986) in order to repeal and re-enact with amendments Section 18.13.080 A pertaining to the Primary/Secondary zone district to read as follows: Section 18.13.080 A. Density Control A. Not more than a total of two dwelling units in a single structure shall be permitted on each site,with only one dwelling unit permitted on lots of less than fifteen thousand square feet. . . . On any site containing two dwelling units, one of the units shall not exceed 40 percent of the total allowable gross residential floor area(GRFA). No two-family residential lot except those totally in the red hazard avalanche zone, or the flood plain, or those of less than fifteen thousand square 24 Ordinance No. 22, Series of 1981, Section 1, §18.13.080B Density Control. [Note, the"twenty(20) years and the life of Trent Ruder"language in §10a. was likely inserted as an attempted Rule Against Perpetuities savings clause.] 25 Ordinance No. 22, Series of 1981, Sections 2&3. zs Ordinance No. 23, Series of 1981, Section 2, §18.13.080B Density Control. Town of Vail October 1, 2013 Page#10 feet shall be so restricted that it cannot be occupied by a two family primary/ secondary residential dwelling.�' Ordinance No. 12. Series of 1988. Two years later, town council adopted Ordinance No. 12 (1988) to further clarify the design guidelines for duplex and primary/secondary development. A new Section 18.54.050 - Duplex and Primary/Secondary Development - was added to the zoning code to address certain design and site constraint issues.28 In addition, §18.13.080 was amended to eliminate the "single structure"requirement for two units when site constraints so require.z9 Ordinance No. 19. Series of 1990. Two years later, town council adopted Ordinance No. 19 (1990) to correct Ordinance No. 12 (1988), which had "inadvertently eliminated the requirement that the [GRFA] distribution ratio for primary/secondary units shall be no greater than forty percent (40%) of the total allowable gross residential floor area."3o Ordinance No. 37� Series of 1990. Later that same year, town council adopted Ordinance No. 37 to amend the definition of GRFA and how it is calculated,31 as well as to once again modify Section 18.13.080A, Primary/ Secondary Density Control, by the addition of the following provision to allow for an increase in the permitted GRFA: "In addition to the above, four hundred twenty-five square feet of gross residential floor area(GRFA) shall be permitted for each allowable dwelling unit."3z Ordinance No. 6, Series of 2000. A decade later, town council adopted this Ordinance, which served to repeal and reenact Chapter 13, Employee Housing, as well as reduce the minimum lot size tri�gering the EHU 27 Ordinance No. 23, Series of 1986, Section 1, §18.13.080A Density Control. 28 Ordinance No. 12, Series of 1988, Section 1, §18.54.050 Duplex and Primary/Secondary Development. 29 Ordinance No. 12, Series of 1988, Section 4, §18.13.080A. 3o Ordinance No. 19, Series of 1990, Introductory Recitals, and Section 1, §18.13.080A. 31 Ordinance No. 37, Series of 1990, Section 1, Section 18.04.130 Floor area, gross residential (GRFA). 3z Ordinance No. 37, Series of 1990, Section 5, Section 18.13.080 A. Density Control. Town of Vail October 1, 2013 Page#11 rec�uirement in the P/S zoning district from 15,000 square feet to 14,000 square feet.33 As a result, secondary units were now required to be deed restricted EHUs on lots less than 14,000 square feet (instead of 15,000). [Note that during the interim period 1990 to 2000, the Town's Zoning Code was updated, resulting in section renumbering; §18.13.080B was renumbered to Section 12-6D-8: Density Control (Primary/Secondary).] In adopting Ordinance No. 6 (2000), town council made a finding that "these amendments will provide additional incentives to the private sector to provide employee housing units throughout the Town of Vail", and that "the proposed amendments will encourage the incorporation of employee housing units through the redevelopment of older homes in the Town. . . "34 Some of the"incentives"that were included can be seen the following table: 12•11-4:NEOIAHEMEPifS BY EMPLOYEE HOUSING UNIT(EHU)TYPE:`��:��Y AACNkeWlB#e l�YnW11/ Cwereqe/ Crrape Wahnum ; 2oMnp D'ptncd OwnenMp' .�j RedicM Credlu5tlx�ge GRiR EHU � Wrmk�ABY� Trerris+erxe I GRf� � tarqacapsArea I FlmWtlremeiK .PerkYp OtAnENU Miwhy ; Type! PrmerylsecoMery Tne EHU may 0e witl or The EHU s .S�e Go+are�ga. NloweO i0�sq,ft.al gzrage aree per.... Per cnap$,r,tC ofVf.y ette es.... nra.... Ttre EHU ie ,.res+dent ei, trHn918rre0 SeQafaiely BntltleC b an TTe s P�9 8t11:tletl q antbsetl vBTtle 9paCe et 3 neX�mum a dWelling uMt al oNed e9 '-Two-ram�ryres�tal '�.aO�rtx�ngl -�.anadtltwnai5%a' o/2Den��waces(b00sp tl) a9eoand �'�.55b9a.11. �':61tBCDYf2dBbfNO .UIN�OIICW �'�. ;(OnryenlcmiessMar ��.GFFA ��.EHU. :Aliunibrwtcammxtetlwahegaroge ' ;pmpartY. ::t4.IXKl Sq,tl.�:n s28� deduC➢Dn S+�aN he¢q te+J e rrt�..nlrwm 75 Sp.IL : ILarwsrape Nea :or sq.aqa are9 n aad'nron W norma� -.The 51e is en4tled b a;Lbs9t 9p8�A 7^!s 759p R�1 DB a �.reeuct:�n or creyii ror storage anry. I IenASCape Bre8by5%- ��rMUCe0b55'Kof : :i s ts area)br Ne ENU' , i . .... ._.. �r ....t ..._.... - With these amendments, secondary units on lots less than 14,000 square feet (still required to be restricted as EHUs) in the Primary/Secondary District were (and are now) permitted to be sold or transferred separately from the primary unit; the secondary unit/EHU is now entitled to an additional 550 square feet of GRFA; site coverage is �ermitted to be increased � 5% to accommodate the EHU, and a 5% reduction in required landscape area is afforded.3s Town council's 1979 concern of "overcrowding" on these lots was apparently nevermore. However, and ironically, these so-called "incentives to the private sector to provide employee housing units"undeniably result in increased adverse site impacts on such P/S "smaller" lots and the surrounding neighborhood. Ordinance No. 14. Series of 2004. In 2004, town council adopted Ordinance No. 14, which modified the formula for calculating GRFA in the Primary/Secondary Residential District, thus eliminating the "additional 33 Ordinance No. 6, Series of 2000, Section 1. �`'Ordinance No. 6, Series of 2000, Introductory Recitals. 3s Ordinance No.6, Series of 2000, Section 1. Town of Vail October 1, 2013 Page#12 425 square feet for each permitted dwelling unit."36 Ordinance No. 29� Series of 2005. Finally, in 2005, town council adopted Ordinance No. 29, which added "Type IV" employee housing units as an additional permitted use in the Two-Family Primary/Secondary (P/ S) District.37 II. Nature of A�1 icant's Rec�uest to Amend Zonin��, Cc�de. For nearly three decades, from 1977-?00�, Vail to��•n council considered and adopted no fewer than tifteen (15) Ordit�ai�ce� cited above regarding the use, iransfer, aTld development restrictions on lots less than 15,OU0 square feet located in the�I'��•o-Family� Primary/Secondary (P/ S) District. In 1979, town council ��lade certain findu�gs in prohibiting inore than one (1) d��elling unit on P!'S lots less than 15,000 square feet, citing "overcrowding" as the priinary concern, yet at the same time allowed for a secondary unit ta be built on the sa�ne lot, onlv if the owner agreed to deed restrict it as an ernployee housing unit, suhject to severelyo unerous use, transfe;r and development restrictions not applicable to all of the other property owners in the P/S disti-ict tllat were fvrtunate enough to o��n lots greater t}lan I 5,000(no�� 14,000) sc�uare feet.'� ln additicm, fronl 1979 to 2000, Vai1 to«�n council adopted and imposed numerous revisions to the EIIU requirements in the Primary/Secondary District as explained in detail above, including reducing the minimum lot size from I S,OOp to 14,()00 square feet, the newl "t��igger' for reyuiring a deed restricted EHU on tlae secondary unit. By 2000, the town council had seemingly come full circle [rom ��here it was in 1979 when they adopted Ordinance 6 (Series �f 2000), evidently no longer ��-orried about previously-alleged "overcro��ding" impact� on Two-Fai�ilv Primary/Secondai-y� lots less than 15,000 (14,000) square feet: secondary units (still restricted as EHUs) are now entitled to an additional 550 square feet of GRFA; allowable site coverage can be increased by up to 5% to accommodate the EHU, and a 5% reduction in required landscape area is afforded. These "incentives to the private sector to provide employee housing units", ironically and undeniably result in increased adverse site impacts on such lots and the surrounding neighborhood. 3s See Footnote 32 above. Additionally, Ordinance No. 14 (2004), Section 5, §12-6D-86 provided: P/S GRFA formula revised as follows: 0.46 of site area< 10,000 sq. ft., plus 0.38 of site area>10,000<15,000 sq.ft., plus 0.13 of site area>15,000<30,000 sq. ft., plus 0.06 of site area>30,000 sq. ft. (the secondary unit shall not exceed 40%of the allowable GRFA) 37 Ordinance No. 29, Series of 2005, Section 23, Section 12-6D-2. 38 See Ordinances 22-23, Series of 1979, above. Town of Vail October 1, 2013 Page#13 The applicant's family has a��ned tl�e property at 302 Mill Creek Circle since 1968 ��•he�.l tl�ey� pw•chased it fiom then Mayor Jalui Dobson, who ironically executed Ordinance No. 7 (19b9) on the Town's behalf, which adopted the first 'Loning Code Regulati<�ns and Official Zonin� Map.3`' Since the stnicture �vas bliilt on the applicant's propert_y b_y Mr. Dobson in 1963, and auring the entire tiine since, the applicant has owned and enjoyed tlie property, and there have existed two (2) sepatate dwelling units, neither of whicll is deed restricted for e�zlployee housing/E�jU. The applicant has continuously enjoyed o�vning the two units f:or 4�+ years for the gro��ing family's personal use,just as permitted wlder the 1962 Protective Covenants, as �vell as the 1977 Zoning Code. However, tl�e Town's Cum»iunity Develc�pment Departinent has recently inf�rmed the ap}�licant that if at some point in time they wish to completely redevelop tlieir property, they could in fact build t��-o P-`S dwelling units, wit}l 11(� t0 the maaimum b0`;�o/40°�o flc�or area ratio split40, but the smaller of the two units would l�a��e to become a deed restricted EHli thak they would no longer be able to occupy or use themselves since they are not local residents, nor are tlley employed in Eagle Counry as required by the EHU Ordinance, ��hich currently requires: For EHUs which are required to be leased, they shall only be leased to and occupied by tenants who are full time employees who work in Eagle County. An EHU shall not be leased for a period less than thirty(30) consecutive days. An EHU shall be continuously rented and shall not remain vacant for a period to exceed three(3) consecutive months.�� Mean��hile, the applicant'� similarly situated Mi11 Creek Circle neighbors on Lots 6, l0, 13-19, each of��hose respective P/S lot is greater tlian 14,000 square feet, has the rigllt to build up to t��o ?1 free market, unrestricted dwelling units for their personal use and enjoyment, as well as the freedom to rent each unit on a short or long term basis as they see fit. The lot sizes for all of the P/S platted lots in Vail Village Filing No. 1, Block No. ]. («�hich includes all of the lots on Mill Creek Circle), are as follows: 39 See Footnotes 3-7 above. ao See Footnotes 22-23 above. 41 Town Code§12-13-3A.2 (2013). Town of Vail October 1, 2013 Page#14 Lot# [Vail t�'illage First Filing, Block 1]/ Lot Size Address (per Eagle County Assessor's Of�ice) Lot 1/ 13,068 Sq. Ft. 325 Mill Creek Cir. (0300 AC) Lot 2/ 12,066 Sq. Ft. 315 Mill Creek Cir. (0.277 AC) Lot 3/ 12,545 Sq. Ft. 303 Mill Creek Cir. (0.288 AC) Lot 4/ 12,240 Sq.Ft. 328 Mill Creek Cir. (0.281 AC) Lot 5/ 11,717 Sq. Ft. 312 Mill Creek Cir. (0.269 AC) Lot 6/ 16,161 Sq. Ft. 304 Mill Creek Cir. (0.371 AC) Lot 7/APPLICANT 12,763 Sq. Ft. 302 Mill Creek Cir. (OZ93 AC) Lot 8/ 12,894 Sq. Ft. 392 Mill Creek Cir. (0.296 AC) Lot 9/ 1�,982 Sq. Ft. 362 Mill Creek Cir. (0.321 AC) Lot 10/ 17,641 Sq. Ft. 342 Mill Creek Cir. (0.405 AC) Lot 11/ 12,414 Sq. Ft. 332 Mill Creek Cir. (0.285 AC) Lot 13/ 1�,420 Sq. Ft. 325 Mill Creek Cir. (0.354 AC) Lot 14/ 23,217 Sq. Ft. 345 Mill Creek Cir. (0.533 AC) Lot 15/ 29,620 Sq. Ft. 353 Mill Creek Cir. (0.680 AC} Lot 16/ 19,384 Sq. Ft. 365 Mill Creek Cir. (0.445 AC) Lot 17/ 18,513 Sq. Ft. 375 Mill Creek Cir. (0.425 AC) � Town of Vail October 1, 2013 Page#15 Lot# [Vait Village First Filing, Block 1]/ Lot Si�e Address (per Eagle County Assessor's O�ce} Lot 18/ 17,075 Sy. Ft. 385 Mill Creek Cir. (0.392 AC) � Lot 19/ 18,905 Sq. Ft. 395 Mill Creek Cir. (0.434 AC) A copy of a portion of the original plat of Vail Village First Filing, Block l, depicts all of the lots (ocated on Mill Creek Circle: �i ` � � ' � of� o, t/! � ' ' � °yj��,c�y � ,`2� � . !) If:A".,F_ t1 y � k ss; Nr : ' `.� f�� . ,. q � . '._I n ..f�� .. �\��l 1 1 , `. .� � 1 I � '- �tsy Kpr �' {.OJ�'✓� a��V� i .. � .,iZ �' t -. u i�� i 'a� �,0� fy��ti � � l �� '�-' (� \�� l .� a�m � 7 �.r�1,4 -��e/'� i'l°Y,�:��Qbya� . �.:' � 1 1 vS i 'i`�� :,i S �, 1' .: �"r � q4� 7 Qp . i '. 7 '' �i � �� ' `c��; y z ri 3� i 1 .f �yl/.. �e �� in�� f Vi � i� ... J�yl�.� /�� 'i+ r� � -\� > . . . . I� � �� ' .� �I �Z.L�SJLr-�- r /9' /-:-I?d/ 0 5"�� l -a y4 � �t ��d� �% /�I,�i � L '�-✓ f-. . � cf3��Nd a 4�. 1 1 s_ � .. . . _��j� � .: l�.p� � � G! . I ��ry. . --�i:1 �,�f 4F/r � ..� .z �ez `c��Ia�,� �.�� J'v . � i �\ . S� �-n � �_—i >> ,� ,a �a� � i r� �� a ��' �� = i�i � . . ��i� �� • �7 s i c,� '�� s , .n „ �sa�e yy ,n� ,r�� I , yY CN.<A/CS 4.`�,,il f)!0 C N F�7Es\\��f . IC,V . ��°,(�`i . t c;��// �y . i a Ja �� :. � �G� . 7, \ IN 6 � '1� � - �'�., / �: �v �a o./g�y sr � ��. - hc1l��r.� � i . .GI' .m J yY�lv� f. t _ �J E I:�*:P{ S(. kn�e_N ��.. `N NZg��, .��.�V � � , I ��4 � .�:: . `�,�y ' /�.. � �� .. ��E, J eLe � �-i � � �1�S . F D\�� rJ fi- � � .r.i.ic . � . �. � ' �' , � -?�< f � e al � o �:i� y f� "0.��'��0p�� "<ci ' <� ?� ��1� � � �. �i�'1 ��" ��wlr `�� , i i �s . ?%+4 't,. 9'� �yj Vi� � ; ',: ' \�., � ,�� ,Q r� �i . �Jlf��„ \ s -��7- -r-..:iL.'._. . �� . � • � �r ..o ��i,-, ��5�4.� I"��ass �/�r .�- � � „J3:'�N � � � a� G��l�97 r � hA�� d.', ' y�E �. �v> i ' ��'1 �U�,;'� - � � ��- `.. � �5 ,.r.e �\ . yZ�. � ��;{,l ' ,� , �nr�� "7�� \ N> /1V '`j �•` � � � �/L1 � �� I �Q ��1 . � . f ' �:; z�9 i ��.+ �' a c �L_�-�t( ( \ `y��y \� �S i��a . r� W� a i � � . .fs \ "5' F"i \�,�i�. D. c�s} �� ivi� � � � �. ° t f � 1 F � t,. � ` '' .�\ /i.i..5�t a eN a5��a 4�� /,:/`.f \ F t �� . G�`��a t ir�� , .. t�(-�\• � '':� c�°= ' � ,�`. Ii I S v . . . 1� J ~ .,` �`l�k.. �.� /��% �.a . l+. :� . � . ,i.._ � �,�ya�: `�' _ �j i�3�� 1 - �� ,1 p ` ��//� � �� . f � Y-� S.. ' . � � 1 t '�I r� . - N .�.V fJ�d41.�. .�� .:I i . . . - • . . . f'� . . i ' �r.'. ; ��f . . . .' �. . , � 111. CO11l;�US1011. As stated above, the applicant's family has owned 30� Mill Creek Circle since purchasing it in 1968 trom Mayor pobson, and dw•i_ilg that entire time have had two d��elling units on their property, neither of��-hich is a deed restricted EHU, for their personal use and enjoyment. As explained above, tlle Cc�mnlunity Development Dep�irtment's position on the applicant's situation is t}iat the two (?) existing d�velling units are reco�;nized by the To��n as beii�g "grandfathered", non-conforming uses, allo«�ed to remain until the property is redevelopec�, at �vhich such time the EHU deed restrictio�l would apply to any secoi�d unit constructed on their Town of Vail October 1, 2013 Page#16 lot, wi�ich they would then be unable to use or occupy for themselves.a2 The applicant certainly lauds the T'own of Vail's efforts and achievements over the years in providing housing for local employees. However, it is patently �mfair for the To«�n to impose such severe use and development restrictions on a particular group of property o�vners, i.e., those owning P/S lots less than 14,000 square feet in size, in furtherance of' it's goal to provide ei�rployee housing. The To��n of Vail's current zoning regulations at Section 12-6D-8: Density Control, as well as those regulations imposed by Ordinance No. 22 (Series 1979) through Ordinance No. 6 (Series of ?00�) cited herein above, are arbitrary and capricious with respect to requiring a secotld unit to be a deed ��estricted EHU on lots less than. 14,000 square feet. These restrictions amount to a regul3tory taking of the applicant's }n�operty in violation of the Uue Process ancl Equal Protection Clauses of the U.S. a�id Colorado C'onstitutions. Accordingly, tlle applicant i•espectfully requests that the Town of�'ail Loning Code be amended as described in the first paragraph of this letter. \Teiy tiuly yours, D�vi:i�v L�v G '��,LLC // .��'� �, / \ Timothy N. D �lin, F.,sq. 4z See Footnote above. �ov i� �,f p'��'� �ec�,��n I � November 24, 2013 Warren Campbell/PEC RE: Williams Family Trust application I oppose this far reaching request which would have huge negative impacts by allowing an additional unit on many, many lots and add the negative impacts that additional units bring to established neighborhoods. One of the basic tenants of Vail regulations is not to crowd the land with structures and this change would ignore that goal. I believe there are many indications that the Town of Vail has already exceeded its carrying capacity. If all of the existing and approved units are ever occupied full time,we will not be able to flush our toilets or drive to the grocery store. Water use is already restricted. Long ago the town had the foresight to downzone. Now is not the time to up zone any lots. And it is not equitable to grant this request. Nor should a modified version be suggested. Thank you. Diana Donovan 1014 Homestake Circle Vail,CO 816557 lu�,luiri I��nn ruiliiaul I.0 zurn,�inil r�l.rip Lli�+ �►ruxiil�:nL �if l.hu �iul,huriLy ku crciilx: nu- Ciunul manumenl.� under the Antiquities Acl; — long a bi:te noire of conservative lawmakers. Meanwhile, Coburn recom- mends piecemeal solutions,such aa doing n��i�l.��ren� liliu inucli n�lii uvnr iui n�{un�;Y whuHU enLiru unnunl c�x�x:ndiLwY�a umount tu ju�C 1/15 of 1 percent of the l'ecleral bud- get. Park Service appropriations have al- ready been cut 6 percent over the last two years;another 6 pei�cent went in the 2013 �Vi�� Gi� �Gl.�!i c �PGCf t/1. � CONVERSATION 7he new urbanites A demographer predicts big changes for the Wests housing landscape Arthur "Chris" Nelson has an unof- ficial motto: Act now In his new book, Reshaping Metropolitan America, Nelson documents the "aweeping gen- erational changes" underway in housing demographica. By 2040, he says, most of America will live in 'Smegapolitan"tireae, re auch as Utah's Wasatah F�ont,Colorado's Front R,ange or Arizona's Sun Corridor. Ownerahip of aingle-family dwellings will plummet as the demand for rentals climbs. Nelson calculates that, by 2040, the United States — with an eatimated population of roughly 450 million—will need 464 billion square feet of new retail, reaidential, office and educational space. He recommends that wmmunitiee atart preparing for the future naw,rather than waiting passively until change is forced upon them. Nelson is 61 and brims with energ,y. A native Oregonian, he apent over 20 years teaching urban planning, public policy and urbaa finance at colleges in the South. Currently,he ia the preaiden- tial profesaor of city and metropolitan planning at the University of Utah's Metropolitan Research Centei:F�eelance writer Samuel Westem apoke with him in hie office in Salt Lake City in August. HIGH COUMRY NEYVS Your research indi- BY SAMUEL WESTERN catea that,as far as development patterne go,we're on the cusp of a m�jor change. Can you describe it for us7 CHRIS NELSON F�om 1950 to 2010, the baby boomers drove the market. They made up 84 percent of America's housing demand. Between 1990 and 2000, about thre�quarters of all houses built were single-family detached homea in the aub- urbe.Yet people can't aeem to grasp that pattern is history.When we look forward, it's a little daunting:That same 84 per- cent who drove the demand for suburban homea will drive the demand for smaller lots,smaller homes and rental homea. HCN Home ownerahip is declining,right? But there's going to be 1.5 million new homes built in the average year. How dcea that work? NELSON Between now and 2030, 86 per- cent plus of all population growth in America will be among minorities,which I define ae everyone elee except white non-Hispanic.We're not educating these minorities to the extent that we educated the boomers.With their education,boom- era drove the economy and they invested in the economy through their homes.The people following them are much more diverse, more challenged in education, and with a different cultural orientation. N��yN.••rl'lu�i.rul.l� iH I.lu+r��'ii I�ui��i ii i+l�iw muLion yhuLdow�� in prugrcav li�r yuiu:v:' If Coburn wants to do somel;hing abuut it, he adds,"he'll have to do more than throw out opinions and numbers that don't add up." ❑ ""- �.� .._`-�.. "Get your pork fix on Route 66;snarks the report,Parked! Whites own homes at a 74 percent rate. Minorities—except Asians—own homes at about a 45 percent rate. So the alter- native is to depress housing prices so low that minorities can buy the homes. HCN Will thet happen? NELSON Possibly, in some markets. The more likely scenario is that the people who want to sell the homes will realize that they can't unlock the equity.They'll rent them out. HCN What about the aenior housing mar- ket? NELSON Many more will become renters. They will begin unloading homes by the millione at the end of thia decade.When they aell,they will either rent or go into independent living or apartments. Please see New urbanites,page 29 Demand for new lazge-lot suburban homes is a thing of the past,says demographer Chris Nelson.Above, construction in Casde Rock, Coloradq a suburb of Denver. n,+nnc Piscom www.hcn.org HlghCountryNews 5 No� a s,za�r3 Chris Nelson New urbanites continued from page 5 HCN What does America's growing popula- tion mean for the Rocky Mountain West? NELSON Rural outlying areas are not ga ing to grow much. But they are a rela- tively amall part of the population. The population centera like Denver and AI- buquerque will grow The dynamics of the Wasatch Front are particularly worth watching.In the Salt Lake City metropol- itan area,about half the demand for new houeing will be for rentals.All the growth will be attributable to minoritiea. HCN You mentioned a survey in your book that showa that while b6 percent of the peo- ple interviewed prefer some sort of smart- growth option,43 percent preferred sprawl. NELSON At best,half of all people want to live in a walkable neighborhood with an integrated mixed-use environment. But the other half dcean't. My issue is that we're not meeting the demand right now for those who want to live in that differ- ent living environment.To move our mar- kets from where they are now to where the market says it wanta to be,every new home has to be built in the new configu- ration.(At the present rate) by 2040,we still wouldn't meet the demand. HCN Even in rural counties? NELSON When you drill down on the ru- ral counties in the Weat, you're getting into people who are culturally different or who move there to join the engrained cul- ture. Rural counties with reaource-based economiea lend themeelves to more open epaces and larger lote. HCN But where do their children want to liveT �.�o�..�y�e�.��. .�n�.,.�.........,... ........ ....... ...,.........�... ................. ovcr Ihc cun�iog Jecudc+wlll bc Jrivcn i�y miuurilich.ti�Q►urb��n humc bu��crh will givc wuy to urban rentcrs,incrcu�ing nccd li►r npurlu�cnls 1{kc Ihcvc in Albuquerque,above.xwoMei ci�eN(�.[R),CATFIY CALKINS(All(nll:) NELSON Some want to atay close, but many—more than half from the studies Pve aeen—want to get out of the country and get to Denver aa fast as they can and live in a loft. HCN What about energy production,with its high-paying joba,as it expands acroas the Weat? NELSON F`racking is going to change the dynamice of many rural counties. In 30 yeare,there might be—at moat—1 mil- lion people involved in the energy econo- my,up from 200,000 now So in 2040,you have 1 million people out of a workforce of 240 million people. ...They will have a huge impact on those counties but not on the nation. HCN What's the future of second homes in the West7 NELSON It's a tiny market,really. Only 4 percent of all dwelling units are second homes.But they can be a big share of the local economiea in some parts of the coun- try.Aa the boomers age,they are unload- ing their primary homes and their second homes.Thus,when it comea to the aecond- home market,you'll need to be unusually well-positioned in an a�uent market and/ or located near a m�jor metropolitan area where they have an sirport, 1i1ce Park City.You take away those niche marketa, the rest of the second-home market in the West ia baeically doomed. HCN How about aki area towne in general? NELSON Park City,Breckenridge and As- pen will be just fine. But if you look at those more outlying areae,posaibly Creat- ed Butte,poseibly Big Sky,thoae second- tier and definitely third-tier aki area mar- kets,the}�re in trouble.Even Taos may be challenged. The perfect analogy is golf courses. Golf courses boomed in the '60s, '70s, '80s and'90s and early 2000s.The boom- ers had the money and the cultural ori- entation towards golfing. Now, more golf courses are cloaing each year than are being built.By the 2020s,there might be two or three closed golf courses for every one built. HCN Pretend I'm a county commissioner from an isolated and modestly depressed Rocky Mountain county. A developer wanta to build a large-lot subdiviaion, moatly for retirees or for people desiring second homes,about 15 miles from town. I get between 30 and 50 percent of my an- nual revenue from property taxes.What advice would you give me? NELSON I would want to do a fiscal analy- sis to see the extent to which the county over 30 years is better off or worse off from this development.(Then I'd)ask the developer to provide a qualified market analysie showing there really is a de- mand for hia project.Then I would recom- mend that once I see his market atudy, I might spend$10,000-$20,000 of your own money to double-check. I'd hire a third party.Then I'd hire another staffer or an- other consultant—and yes, spend some more money,because it's better to spend $100,000 up front than be losing$1 mil- lion per year at the back end—and figure out the fiscai costs and benefits of provid- ing aervices to the development. HCN Why aren't more county commis- aioners and planning and zoning depart- menta doing this? NELSON The word isn't out.It's all a mat- ter of education.❑ www.hcn.org H1g11 COU[11TyNeWS 29 CYNTHIA L. MCADAM �b��e� G,� ��,� �e�''►� � • � r"�CaG 1� t� ac�r- !'b } ,� r� n�s�'7�� c�.. -��01 - ��'r-rnc.� ��._ "i'�7� . . � x � �-�� I�-- s� z �. �� -r-�� s�� • � h �. r�scn �' � �.` . f � `rd�-��-- �v�Pc�r't"s cL. .6 i n��._. ' -�� h� �. �,�. r,o�f-.� mc�l�I-��I� vn��'�..� . �a�� --�cSv . C �� r��A�� cbv;��t�l �f ��I�� e�i<< Warren Campbell � From: Kathy Olson <kathy@vailproperties.com> Sent: Sunday, November 24, 2013 5:16 PM To: Warren Campbell Subject: Down zoning Dear Mr.Campbell, I am writing in support of the effort to amend Vail Town Code sectionl2-6D-8 Striking the the request that existing lots under 14,000 sf are permitted only single family dwellings. Also I would offer the suggestion TOV planning and zoning consider changing the current policy and allow all properties that all properties that were purchased or built prior to West Vail being incorporated into the town of vail be allowed to revert back to their original number of them legal dwelling units,this would allow current owners to upgrade and improve their properties as well as the neighborhood without the fear of being downsized . If these owners were aware of the the issue of downsizing could happen when they bought lots or existing structures in West Vail when it was not incorporated in Vail they may had considered a different location Thank you for your consideration Kathy Olson Havlik property mgmt 376-7225 Sent from my iPhone 1 TOWN OF VAIL i THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on November 25, 2013 at 1:00 pm in the Town of Vail Municipal Building. A request for a recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-6D-8, Density Control, Vail Town Code, to strike the requirement that existing _,�r,�`� lots under 14,000 square feet in area are permitted only a single dwelling unit, and tr,\�� setting forth details in regard thereto. (PEC130027) Applicant: Williams Family Trust, represented by the Devlin Law Group, LLC Planner: Warren Campbell A request for the review of a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, for a public building and grounds, to allow for the construction of a new covered ticket booth entry at the Lionshead Parking Structure, located at 350 South Frontage Road West/ Lot 1, Block 2, Vail Lionshead First Filing, and setting forth details in regard thereto. (PEC130032) Applicant: Town of Vail, represented by Tom Kassmel Planner: Joe Batcheller A request for a recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to 12-3-7, Amendment, Vail Town Code, to allow for text amendments to several sections of the Vait Town Code to add provisions regulating development applications on properties that have a documented code violation, and setting forth details in regard thereto. (PEC130033) Applicant: Town of Vail, represented by Matt Mire Planner: Jonathan Spence The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend site visits. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published November 8, 2013 in the Vail Daily. Warren Campbell From: bing eighthundred <bing800@yahoo.com> Sent: Thursday, November 21, 2013 7:32 AM To: Warren Campbell Subject: hearing Lot zoning Warren Campbell Chief of Planning November 20, 2013 Town of Vail, Vail, Colorado RE: Public Hearing TOV Planning and Environmental Commission Nov 25, 2013. Dear Mr. Campbell, I am writing in support of the effort to amend, Vail Town Code Section 12-6D-8 striking the requirement that existing lots under 14,000 sf in area are permitted only a single dwelling unit. Further, I would suggest that TOV Planning consider changing current policy and allow all properties purchased/built legally before incorporation into the town of Vail, be allowed to revert to their original number of then legal dwelling units.This would allow current owners to improve and enhance their properties and the neighborhood without fear of downzoning. As I recall, it was not mentioned to owners at the time of Incorporation of West Vail into the town of Vail that the probability of downzoning would occur. Had this been the case, I feel that there would have been considerable opposition to West Vail becoming part of the town of Vail. I am the original and current owner of 1828 Alta Circle in Vail. (1977) Thank you Dennis Shimon Box 3643 Vail, Co 81657 402-932-8437 email: vailohmy@�mail.com 1