HomeMy WebLinkAboutPEC130027 Two family Primary Secondary District Amendment Memo and Attachments0
rowN of vain A)
Memorandum
To: Planning and Environmental Commission
From: Community Development Department
Date: November 25, 2013
Subject: 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, of the Two -
family Primary /Secondary district to strike the requirement that existing properties
under 14,000 square feet in area are permitted only a single dwelling unit, and
setting forth details in regard thereto. (PEC130027)
Applicant: Williams Family Trust, represented by the Devlin Law Group, LLC
Planner: Warren Campbell
I. SUMMARY
The applicant, Williams Family Trust, represented by the Devlin Law Group, LLC, is
requesting a recommendation to the Vail Town Council, pursuant to Section 12 -3 -7,
Amendment, Vail Town Code, for prescribed regulations amendments to amend Section
12 -6D -8, Density Control, Vail Town Code, of the Two - Family Primary /Secondary (PS)
district. The proposal is to strike the requirement that existing properties under 14,000
square feet in area are permitted only a single dwelling unit.
Based upon Staff's review of the criteria outlined in Section VI of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forwards a
recommendation of denial, of the prescribed regulations amendments, subject to the
findings noted in Section VII of this memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant is proposing to amend the Density Control provisions of the PS district to
strike the requirement limiting existing properties measuring less than 14,000 square
feet in area to one dwelling unit. Within the PS district properties 14,000 square feet
and larger are permitted two dwelling units.
The applicant's written request highlights the history of the PS district through the
implementation of zoning and subsequent amendments in the Town of Vail and their
effects on properties zoned PS district. The application identifies that the property al
302 Mill Creek Circle was initially platted at 12,763 square feet and when constructed in
1963 was permitted two dwelling units pursuant to the covenants in place (there was no
zoning at this time). Through the adoption of zoning in the Town of Vail and subsequent
amendments the property was restricted to a single dwelling and employee housing unit
(EHU) on the property and rendered non - conforming. The application argues that the
establishment and amendments to the zoning affecting properties in the PS district have
been "severe ", "considerable ", and "unfair ".
The crux of this argument is the application's assertion that the allowance of a Type I
employee housing unit, with an allowance for additional GRFA and site coverage, as a
second unit on properties measuring less than 14,000 square feet contradicts the town's
policy that properties in this zone district are not capable of containing two units due to
"overcrowding" of the site. The applicant's request is attached for review (Attachment
A).
The application proposes to strike that portion of Section 12 -6D -8, Density Control, Vail
Town Code, which restricts properties with less than 14,000 square feet to one dwelling
unit. This change would permit two dwelling units on a property measuring any size in
the PS district. The proposed text to be deleted is shown in strikethreu h, and is as
follows.
12 -6D -8: Density Control:
A. Dwelling Units: Not more than a total of two (2) dwelling units shall be
permitted on each site.
loos than fouileen thousand (4A / 00) square, foot
III. DISCUSSION QUESTIONS
The following questions and subsequent responses are included to address common
questions received from the public notified of this application. They are intended to
provide a clear response to avoid confusion around this complex application.
What is this application proposing to amend?
The application is proposing to amend the density control provisions for the Two - Family
Primary /Secondary district (PS). The density control provisions establish the allowable
number of dwelling units on a site. Within the density control provisions of the PS
district, it is established that two dwelling units are permitted on properties greater than
14,000 square feet and one dwelling unit is permitted on lots less than 14,000 square
feet. On properties less than 14,000 square feet a Type I Employee Housing Unit
(EHU) is permitted as a second unit on the property.
Town of Vail Page 2
Why did I receive notice of this application if the applicant's property is located
on Mill Creek Circle?
As the application proposes to amend the density control section of the PS district,
which would impact all properties within the PS district and adjacent properties, Section
12 -3 -6C, Notice, Vail Town Code, requires notification of the proposed change.
Approximately 1,200 property owners were sent the public notice regarding this
application. There are 716 properties in the Town of Vail zoned PS district, which
comprises approximately 11.5% of Vail's total land area.
Why does the PS district restrict properties of less than 14,000 square feet to one
dwelling unit and one employee housing unit?
Until 1979 two dwelling units were permitted on any sized property within the PS district.
Ordinance No. 22, Series of 1979, adopted regulations restricting a PS district property
to one dwelling unit on lots less than 15,000 square feet. The staff memorandum dated
May 17, 1979 identified an inconstancy with Eagle County zoning, which was more
restrictive (required 8,000 square feet of site area per constructed unit), and a situation
where property owners were "trying to squeeze" two dwelling units on smaller lots.
Ordinance No. 22, Series of 1979 contained a whereas statement that identified "lots of
less than 15,000 square feet would be over - crowded with two units." This ordinance did
provide for a Planning and Environmental Commission process to grant exceptions and
allow for a second unit on a lot less than 15,000 square feet with the primary criteria
being that it would be occupied by an employee in the Upper Eagle Valley. Ordinance
No.22, Series of 1979, is attached for review (Attachment B)
Why is this amendment being proposed?
The applicant is proposing the amendment to address a desire to make additions on an
existing two dwelling unit structure on a lot less than 14,000 square feet. As there are
two dwelling units on a property which is limited to one dwelling unit, the property is
considered nonconforming with regard to the structure and site improvements. As the
property is considered nonconforming pursuant to Chapter 12 -18, Nonconforming Sites,
Uses, Structures and Site Improvements, Vail Town Code, the dwelling units can be
modified only if the total gross residential floor area of the modified structure does not
exceed the pre- existing structure.
What is a Type I employee housing unit (EHU)?
An EHU is a deed restricted dwelling unit within the Town of Vail which restricts
occupancy of the unit to an individual that works a minimum of 30 hours per week in
Eagle County. There are multiple types of EHUs adopted in Chapter 12 -13, Employee
Housing, Vail Town Code, to address varying zone districts and situations. A Type
EHU is the type specifically identified for lots less than 14,000 square feet and can be
transferred as a separate unit. A Type I EHU provides the ability for a property
measuring less than 14,000 square feet to construct a second unit on the property.
Town of Vail Page 3
If the amendment being proposed is adopted what is the result?
The amendment as proposed, if adopted, would result in an existing property being able
to construct two dwelling units on properties less than 14,000 square feet, without one
of the units being a Type I EHU.
Why does the PS district restrict lots of less than 14,000 square feet to one
dwelling unit, but then allow for a Type I EHU on the lot?
Through the adoption of Ordinance No. 6, Series of 2000, the allowable dwelling unit
restriction on properties with less than 15,000 square feet of area was reduced to
14,000 square feet. Additionally, this ordinance amended regulations for several types
of EHUs to provide increased incentives to promote their construction. As a part of the
Vail Tomorrow and Common Ground processes occurring at the time, the community
identified a need to promote and incentivize EHUs. There staff memorandums state
that the Vail Tomorrow and Common Ground processes established a public need to
address the provision of affordable and available housing to the work force. Therefore,
in this ordinance Type I EHUs requirements were changed to allow for sale and transfer
as a separate unit, additional GRFA, and increased site coverage. Ordinance No.6,
Series of 2000, is attached for review (Attachment C)
IV. APPLICABLE PLANNING DOCUMENTS
Chapter 12 -6D: Two - Family Primary /Secondary District (in part)
12 -613-1: 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 zone 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.
12 -6D -2: Permitted Uses:
The following uses shall be permitted:
Employee housing units, as further regulated by chapter 13 of this title.
Single- family residential dwellings.
Two - family residential dwellings.
Town of Vail Page 4
12 -6D -8: Density Control:
A. Dwelling Units: Not more than a total of two (2) dwelling units shall be
permitted on each site with only one dwelling unit permitted on existing lots
less than fourteen thousand (14, 000) square feet.
Chapter 12 -18: Nonconforming Sites, Uses, Structures and Site Improvements (in
part)
12 -18 -1: Purpose:
This chapter is intended to limit the number and extent of nonconforming uses
and structures by prohibiting or limiting their enlargement, their reestablishment
after abandonment, and their restoration after substantial destruction. While
permitting nonconforming uses, structures, and improvements to continue, this
chapter is intended to limit enlargement, alteration, restoration, or replacement
which would increase the discrepancy between existing conditions and the
development standards prescribed by this title.
12 -18 -2: Continuance:
Nonconforming sites, uses, structures, and site improvements lawfully
established prior to the effective date hereof may continue, subject to the
limitations prescribed in this chapter. Sites, uses, structures, and site
improvements lawfully authorized by permits or regulations existing prior to the
effective date hereof may continue, subject to such limitations as prescribed by
such permits or regulations.
12 -18 -5: Structure and Site Improvement:
Structures and site improvements lawfully established prior to the effective date
hereof which do not conform to the development standards prescribed by this
title for the zone district in which they are situated may be continued. Such
structures or site improvements may be enlarged only in accordance with the
following limitations:
A. Lot And Structure Requirements: Structures or site improvements which do
not conform to requirements for setbacks, distances between buildings,
height, building bulk control, or site coverage, may be enlarged; provided,
that the enlargement does not further increase the discrepancy between
the total structure and applicable building bulk control or site coverage
standards; and provided that the addition fully conforms with setbacks,
distances between buildings, and height standards applicable to the
addition.
B. Density Control: Structures which do not conform to density controls
(includes GRFA and dwelling units /acre) may be modified, only if the total
Town of Vail Page 5
gross residential floor area of the enlarged structure does not exceed the
total gross residential floor area of the preexisting nonconforming
structure.
C. Open Space And Landscaping: Structures or site improvements which do
not conform to requirements for usable open space or landscaping and
site development may be enlarged; provided, that the usable open space
requirements applicable to such addition shall be fully satisfied, and
provided that the percentage of the total site which is landscaped shall not
be reduced below the minimum requirement.
D. Off Street Parking And Loading: Structures or site improvements which do
not conform to the off street parking and loading requirements of this title
may be enlarged; provided, that the parking and loading requirements for
such addition shall be fully satisfied and that the discrepancy between the
existing off street parking and loading facilities and the standards
prescribed by this title shall not be increased.
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.
V. ZONING ANALYSIS
The following is an analysis of properties zoned Two - Family Primary /Secondary (PS) district.
Staff has attached a map depicting the location of all properties zoned PS district and those
properties measuring less than 14,000 square feet. (Attachment D)
• 716 properties are zoned PS district which comprises approximately 11.5% of Vail's land
area.
263 of the properties zoned PS district are less than 14,000 square feet comprising
37.1 % of the total number of lots zoned PS district.
28 of the 263 properties zoned PS district are located in the Original Town of Vail, Vail
Village Filing 8, and East Vail.
Town of Vail Page 6
235 of the 263 properties zoned PS district are located in the subdivisions (Matterhorn,
Mid Buffer Creek, Solar Crest, Das Schone, South Buffehr Creek, Vail Village West, and
Intermountain) annexed in West Vail
50 properties zoned PS district measuring less than 14,000 square feet have more than
one dwelling unit on the property making them nonconfoming.
17 properties zoned PS district measuring less than 14,000 square feet have a Type I
EHU as a second dwelling unit on the property making them compliant.
VI. CRITERIA FOR REVIEW
The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
Staff finds that the proposed amendments do not further the general and specific
purposes of the zoning regulations. Section 12 -1 -2, Purpose, Vail Town Code,
identifies the general and specific purposes as follows:
12 -1 -2: Purpose:
A. General: These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the town, and to promote the coordinated
and harmonious development of the town in a manner that will conserve and
enhance its natural environment and its established character as a resort and
residential community of high quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and
other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to
lessen congestion in the streets.
4. To promote adequate and appropriately located off street parking and loading
facilities.
5. To conserve and maintain established community qualities and economic
values.
6. To encourage a harmonious, convenient, workable relationship among land
uses, consistent with municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with
structures.
Town of Vail Page 7
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable
natural features.
10. To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
As identified in the applicant's written request (attachment A) there have been 15
ordinances impacting the applicant's site. As can be seen in a review of these
ordinances provided by the applicant, each amendment was addressing a public
concern or need. As Vail has matured from its founding, the community and its
leaders are consistently evaluating the adopted comprehensive plans and zoning
code to insure the outcomes are desirable based upon the general and specific
goals identified. Staff believes that this proposal to strike the restriction on lots of
less than 14,000 square feet to one dwelling unit is contrary to the general purpose
and specific purposes 1, 5, 6, 7, 8, an 11.
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 finds that the proposed prescribed regulations amendments will not better
implement or achieve the applicable elements of the adopted goals, objectives, and
policies outlined in the Vail comprehensive plan. Specifically in the Vail Land Use
Plan adopted Goals and Policies staff found the following applicable statements:
5. Residential
5.1 Additional residential growth should continue to occur primarily in existing,
platted areas and as appropriate in new areas where high hazards do not
exist.
5.3 Affordable employee housing should be made available through private
efforts, assisted by limited incentives, provided by the Town of Vail, with
appropriate restrictions.
5.5 The existing employee housing base should be preserved and upgraded.
Additional employee housing needs should be accommodated at varied sites
throughout the community.
Additionally, staff does not find the amendments are compatible with the
development objectives of the Town with regard to the adopted Employee Housing
Strategic Plan. The over all goal of the Town's adopted Employee Housing Strategic
Plan states the following:
Town of Vail Page 8
"To ensure there is deed restricted housing for at least 30% of Vail's workforce
within the Town of Vail."
This Plan identifies multiple methodologies for achieving this goal including both
private and public sector initiatives. The proposed prescribed regulations
amendment would be detrimental to the policy established in Ordinance No. 6,
Series of 2000 and the furthered in the Employee Housing Strategic Plan adopted in
2008.
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
The proposed prescribed regulations amendment would strike a policy most recently
reevaluated in 2000. Through Ordinance No. 6, Series of 2000 the town reevaluated
the existing polices and found it necessary to adopt amendments to incentivize Type
I EHUs and reduce the threshold of a property's size in permitting two dwelling units
from 15,000 to 14,000 square feet. The policies amended through Ordinance No. 6,
Series of 2000, were initially established through Ordinance No. 22, Series of 1979.
Staff finds that the proposed amendment does not demonstrate how conditions have
substantially changed and how the existing regulations are no longer applicable.
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
As stated in the responses above, staff finds that the proposed prescribed
regulations amendment will not provide for a harmonious, convenient, workable
relationship among land uses consistent with municipal objects. The adopted
policies prohibiting more than one dwelling unit on a site less than 14,000 square
feet and allowing a Type I EHUs as a second dwelling unit on these properties are
still based in the accomplishment of document goals and objectives of the Vail Land
Use Plan and the Employee Housing Strategic Plan.
Staff believes that the application, as submitted, is not the appropriate process to
evaluate if the adopted policy is accomplishing the goals and objectives of the Town
of Vail. Staff believes that the appropriate process to address this question would be
through a review of the Vail Land Use Plan, which has not been reevaluated since
its adoption in November of 1985. This belief is furthered by the fact that the
elements of this application are applicable to the Two - Family Residential (R) district,
which would warrant review as well.
5. Such other factors and criteria the planning and environmental commission
and /or council deem applicable to the proposed text amendment.
Town of Vail Page 9
VII. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission forward a recommendation of denial to the Vail
Town Council for the prescribed regulations amendments. This recommendation
is based upon the review of the criteria outlined in Section VI of this
memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of denial for this request, the Community Development
Department recommends the Commission pass the following motion:
"The Planning and Environmental Commission forwards a
recommendation of denial to the Vail Town Council, 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 properties
under 14,000 square feet in area are permitted only a single dwelling unit,
and setting forth details in regard thereto. "
Should the Planning and Environmental Commission choose to forward a
recommendation of denial for this request, the Community Development
Department recommends the Commission makes the following findings:
"Based upon a review of Section V of this memorandum, and the evidence and
testimony presented the Planning and Environmental Commission finds:
1) That the amendment is not consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail comprehensive
plan and is not compatible with the development objectives of the town; and
2) That the amendment does not further the general and specific purposes
of the zoning regulations; and
3) That the amendment does not promote the health, safety, morals, and
general welfare of the town and does not 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 of the highest quality. "
VIII. ATTACHMENTS
A. Applicant written request dated October 1, 2013
B. Ordinance No. 22, Series of 1979
C. Ordinance No. 6, Series of 2000
D. Maps depicting the location of PS district properties
E. Letters from citizens
Town of Vail Page 10
DEVLIN LAW GROUP, LLC
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 Zoning Code Amendment to Section 12 -6D -8: Density Control
(Primary /Secondary P/S Zoning District)
Dear Planning & Environmental Commission:
This letter has been prepared to supplement 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)
Zonina District, to read as follows:
A. Dwelling Units: Not more than a total of two (2) dwelling units shall
be permitted on each site. • ith only one dwelling unit t ^ ^muted on
;sting lots Ions than f ,,..too„ tl,.,,,san (14,000) square- feet.
Background:
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 [Associates] didn't give them a deed right away; they had a lease. When they started
construction at some point in time after that [Vail Associates] 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. "I
Many of those early investors chose to purchase lots on what became Mill Creek Circle,
Forest Road, and Beaver Dam Road. In 1962, land owners Vail Associates, Ltd., and Vail Village
' See The Vail Business Journal, Vail'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: tdevli devlawgroun corn
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 '2:
20 1AND USE*
Vra lauds in Vail Villujo, Virat, riling, uhalL
�4 )w uac4 tor tho folicw1r.q purponuut
'i 2,1. no totq 'in klrckn 1 and 7 +ahatt to snarl only
for prtvato rcvWtrcag0', cacb to co tote not no_a tha'm two caparato.efY
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 Right
(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 hires [Emphasis
added.]
The applicant, as well as all others owning property in the town of Vail who were re -zoned to
Residential District, now had an undeniably reasonable investment - backed expectation that they
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 #t3
would be able to build occupy and /or rent up to two (2) residential dwellings on their respective
lots (if they did not already have that right by virtue of the 1962 Protective Covenants.)6
Ordinance No. 7 (1969) also provided:
(b) Regulations. 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) Lot area: 10,000 square feet;
(c) Setback: Front, rear and side - 10 feet.
2. Floor Area Ratio. The floor area ratio shall not exceed 0.33:1.7 [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..." 8 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.
11 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. ...12
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. 1I
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 floor area for 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." 15
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 ... ".16 The only two "Permitted Uses" were: (1) Single family residential
dwellings, and (2) Two - family residential dwellings. 17 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.
16 Ordinance No. 30, Series of 1977, Section 2, §18.13.010, Purpose.
17 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.
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.20 [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 more 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
Residential District)
(A) Not more than a total of two dwelling units in a single structure shall
19 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 relating 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 applicant shall agree in writing:
(a) That the second dwelling unit shall not be sold, transferred, or
conveyed separately from the primary unit; and
(b) That the secondary dwelling unit shall not be leased or rented
for any period of less than 30 consecutive days; and that it shall be
rented only to tenants who are residents of the Upper Eagle Valley or
who are full -time employees in the Upper Eagle Valley... .
(c) That the secondary shall not be divided into any form of time
shares, interval ownership or 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 Control.
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 containing two
dwelling units, one of the units shall not exceed one -third of the
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 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. 22 [new text shown as underlined]
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. 1123
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 or
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
10.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 works 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 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.24
Finally, Ordinance No. 22 (1981) also provided for an appeal procedure of DRB/
Community Development Department decisions on such PIS 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 design to the primary!
unit.26 [Added text.]
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.
26 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. 27
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.29
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. "30
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. 1132
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 triggering 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.
30 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).
32 Ordinance No. 37, Series of 1990, Section 5, Section 18.13.080 A. Density Control.
Town of Vail
October 1, 2013
Page #11
requirement 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:
12.73 -4: REOUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU)TYPE:"' I
2dWg Diatrxte
EHU Petmttted BY RIM
0 n 10p' AddM-1
Tre farorrca GRFA
-
AtldAbrwi Site
Coveragm'
R.O..Il
Land ztpe Area
�
Cr Garage
edWSM"
l _ Requ .a
MIM�mum!
1 Maa4num
I GRYA
Parkkp 3 01 An EHU
D—Ity
Type i Pr. .ly'ae.Id.,y
Tne EHU tray Pe gold or - The EHU .s
—
? le CA�.81 ge.
Allowed :tW 4q P of garage are. per
Per ap: l `.0 of th-s t..le es jtj nfa
The EMU to
0 6ei,
VenBterted Separately enboed to 8n
The Ste aent'tl"
enclpsetl ve "C space at 3n "—,
0dweli tg unR i
ai owed es
T ,fa byms4en(al
addrt onal
edd'tAnal 5%o' �
of 2 park'. hg W_a (600 sq h,.).
i
aecond
55p.q n ',
s to Coverage for the
U ten PW
(0"h, lets wssthv,
i GFFA
HU,
Ail,: Mhol.a st etl '..h a garage
7
prop8rty.
14ti(N Sq.fl. -.n Slei
ded.cban
� ' . drape A ea
she 11 be rq erhn ,755q. R.
of lvag. em. . adNt an A .—I
j
'I
The S 19,5 entliad lo a
red at cf
tbaet Sp ..a T '.5 l5 5q It Shall be a
d,, atoraq. ehly .
1
d apes .by 56
, •ea tot the or
Sfaa eel tar me EAU
{
1
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 permitted to be increased
by 5% to accommodate the EHU. and a 5% reduction in required landscape area is afforded.35
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.
34 Ordinance No. 6, Series of 2000, Introductory Recitals.
35 Ordinance No. 6, Series of 2000, Section 1.
Town of Vail
October 1, 2013
Page #12
425 square feet for each permitted dwelling unit. 1136
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
11, Nature of Applicant's Request to .'emend Zoning Code.
For nearly three decades, from 1977-2005, Vail town council considered and adopted no
fewer than fifteen (15) Ordinances cited above regarding the use, transfer, and development
restrictions on lots less than 15,000 square feet located in the _Rvo- Family Primary /Secondary (P/
S) District. In 1979, town cormcil made certain findings in prohibiting more than one (1)
dwelling unit on P/S lots less than 15,000 square feet, citing `overcrowding" as the primary
concern, yet at the same time allowed for a secondary unit to be built on the same lot, only if the
owner agreed to deed restrict it as an employee housing unit, subject to severely onerous use,
transfer and development restrictions not applicable to all of the other property owners in the P/S
district that were fortunate enough to own lots greater than 15,000 (now 14,000) square feet.'s
In addition, from 1979 to 2000, Vail town council adopted and imposed numerous
revisions to the FFIU requirements in the Primary /Secondary District as explained in detail
above, including reducing the minimum lot size from 15,000 to 14,000 square feet, the new
"trigger" for requiring a deed restricted EHU on the secondary unit. By 2000, the town council
had seemingly core full circle from where it was in 1979 when they adopted Ordinance 6
(Series of 2000), evidently no longer worried about previously - alleged "overcrowding" impacts
on Two - Family Primary/Secondary 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.
36 See Footnote 32 above. Additionally, Ordinance No. 14 (2004), Section 5, §12 -6D -8B 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 owned the property at 302 Mill Creek Circle since 1968 when
they purchased it from then Mayor John Dobson, who ironically executed Ordinance No. 7
(1969) on the Town's behalf, which adopted the first Zoning Code Regulations and Official
Zoning Map. 31 Since the structure was built on the applicant's property by Mr. Dobson in 1963,
and during the entire time since, the applicant has owned and enjoyed the property, and there
have existed two (2) separate dwelling units, neither of which is deed restricted for employee
housing/EHU. The applicant has continuously enjoyed owning the two units for 45+ years for
the growing family's personal use, just as permitted under the 1962 Protective Covenants, as well
as the 1977 Zoning Code.
However, the Town's Community Development Department has recently informed the
applicant that if at some point in time they wish to completely redevelop their property, they
could in fact build two PI'S dwelling units, with up to the maximum 60`!/0/40% floor area ratio
Split40, but the smaller of the two units would have to become a deed restricted EHU that
they would no longer be able to occupy or use themselves since they are not local residents,
nor are they employed in Eagle County as required by the EHU Ordinance, which 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.41
Meanwhile, the applicant's similarly situated Mill Creek Circle neighbors on L.,ots 6, I0,
13 -19, each of whose respective P/S lot is greater than 14,000 square feet, has the right to build
up to two 21 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 PI'S platted lots in Vail Village Filing No. 1, Block No. I
(which includes all of the lots on Mill Creek Circle), are as follows:
39 See Footnotes 3 -7 above.
40 See Footnotes 22 -23 above.
41 Town Code §12- 13 -3A.2 (2013).
Town of Vail
October 1, 2013
Page #14
Lot # [Vail Village First Filing, Block 11 1
Lot Size
Address
(per Eagle County Assessor's Office)
Lot l/
13,068 Sq. Ft.
325 Mill Creek Cir.
(0.300 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 51
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.
(0.293 AC)
Lot 8/
12,894 Sq. Ft.
392 Mill Creek Cir.
(0.296 AC)
Lot 9/
13.982 Sq. Ft.
362 Mill Creek Cir.
(0321 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/
15,420 Sq. Ft.
325 Mill Creek Cir.
(0.354 AC)
Lot 14/
23,217 Sq. Ft.
345 Mill Creek Cir.
(0.533 AC)
Lot 151
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 ## (Vail Village First Filing, Block 11 l Lot Size
Address (per Eagle County Assessor's Office)
Lot 18/ 17,075 Sq. 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 1, depicts all of
the lots located on Mill Creek Circle:
1I1. Conclusion.
i
1
_ 1
r.
;
As stated above. the applicant's family has owned 302 Mill Creek Circle since purchasing
it in 1968 from Mayor Dobson, and during that entire time have had two dwelling units on their
property, neither of which is a deed restricted EHU, for their personal use and enjoyment. As
explained above, the Community Development Department's position on the applicant's
situation is that the two (2) existing dwelling units are recognized by the Town as being
..grand fathered ", non - conforming uses, allowed to remain until the property is redeveloped, at
which such time the EHU deed restriction would apply to any second unit constructed on their
.\
Y
- X117 — 1 S✓ .. l� �,�1
// / 4a / / "l1 y C i
E— =-
zt
(..J)
J
4
A
7
V XI
cJ' �
r; ,
1I1. Conclusion.
i
1
_ 1
r.
;
As stated above. the applicant's family has owned 302 Mill Creek Circle since purchasing
it in 1968 from Mayor Dobson, and during that entire time have had two dwelling units on their
property, neither of which is a deed restricted EHU, for their personal use and enjoyment. As
explained above, the Community Development Department's position on the applicant's
situation is that the two (2) existing dwelling units are recognized by the Town as being
..grand fathered ", non - conforming uses, allowed to remain until the property is redeveloped, at
which such time the EHU deed restriction would apply to any second unit constructed on their
Town of Vail
October 1, 2013
Page #16
lot, which they would then be unable to use or occupy for theinselves.42
The applicant certainly lauds the Town of Vail's efforts and achievements over the years
in providing housing for local employees. However, it is patently unfair for the Town to impose
such severe use and development restrictions on a particular group of property owners, i.e., those
owning P/S lots less than 14,000 square feet in size, in furtherance of it's goal to provide
employee housing.
The Town 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 2000) cited herein above, are arbitrary and capricious with respect to requiring a
second unit to be a deed restricted EHU on lots less than 14,000 square feet. These restrictions
amount to a regulatory taking of the applicant's property in violation of the [due Process and
Equal Protection Clauses of the U.S. and Colorado Constitutions.
Accordingly, the applicant respectfully requests that the Town of Vail "Zoning Code be
amended as described in the first paragraph of this letter.
Very truly yours,
Timothy ti: Devlin, Esq.
42 See Footnote above.
ORDINANCE NO. 22
Series of 109
AN ORDINANCE AMENDING THE VAIL MUNICIPAL
CODE TO ALLOW ONE SINGLE FAMILY RESIDENTIAL
UNIT IN THE TWO- FAMILY RESIDENTIAL DISTRICT
AND TWO- FAMILY PRIMARY /SECONDARY RESIDENTIAL
DISTRICT ON LOTS OF LESS THAN 15,000 SQUARE
FEET; PROVIDING EXCEPTIONS THERETO; AND
SETTING FORTH DETAILS RELATING THERETO;
WHEREAS, presently all lots in the Two - Family Residential
and 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 over - crowded with two units;
WHEREAS, only under certain exceptions should there be more
than one dwelling unit on a lot less than 15,000 square feet;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
Section 1. The Vail Municipal Code is amended by the repeal
and reenactment of Section 18.12.090 and 18.13.080 to read as follow:
18.12.090 DENSITY CONTROL (Two Family 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 of less than 15,000 square feet, and not
more than 25 square feet of gross residential
floor area (GRFA) shall be permitted for each
100 square feet for the first 15,000 square feet
of site area, plus not more than 10 square feet
of gross residential floor area shall be permitted
for each 100 square feet of site area over 15,000
square feet not to exceed 30,000 square feet of
site area, plus not more than five square feet of
gross residential floor area for each 100 square
feet of site area in excess of 30,000 square feet.
No two family residential lot except those totally
in the red hazard avalanche zone, or the flood
plain, or those of less than 15,000 square feet
shall be so restricted that it cannot be occupied
by a two - family dwelling.
(B) The Planning and Environmental Commission 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 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
I Ortinan Wo.22 Page Two
(3) That the applicant shall agree to in writing:
(a) That the Secondary dwelling unit shall not
be sold, transferred, or conveyed separately
from the primary unit.
(b) That the secondary dwelling unit shall not
be leased or rented for any period of less
than 30 consecutive days; and that it shall
be rented only to tenants who are residents
of the Upper Eagle Valley or who are full -time
employees in the Upper Eagle Valley. The "Upper
Eagle Valley" shall be deemed to include the Gore
Valley, Minturn, Red Cliff, Gilman, Eagle -Vail,
and Avon and their surrounding areas. A "Full -
time employee" is a person who works an average
of 30 hours per week.
(c) That the secondary dwelling unit shall not be
divided into any form of time - shares, interval
ownership or 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.
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 of less than 15,000 square
feet, and not more than 25 square feet of gross residential
floor area (GRFA) shall be permitted for each 100 square
feet of site area, plus not more than 10 square feet of
gross residential floor area shall be permitted for each
100 square feet of site area over 15,000 square feet not
to exceed 30,000 square feet of site area, plus not more
than five square feet of gross residential floor area for
each 100 square feet of site area in excess of 30,000 square
feet. No two family residential lot except those totally in
the red hazard avalanche zone, or the flood plain, or those
of less than 15,000 square feet shall be so restricted that
it cannot be occupied by a two family primary /secondary
residential dwelling.
(B) The Planning and Environmental Commission 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 dewlling 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
Ordinance No. 22 Page Three
(3) The applicant shall agree in writing:
(a) That the second dwelling unit shall not be sold,
transferred, or conveyed separately from the pri-
mary unit; and
(b) That the secondary dwelling unit shall not be
leased or rented for any period of less than
30 consecutive days; and that it shall be rented
only to tenants who are residents of the Upper
Eagle Valley or who are full -time employees in
the Upper Eagle Valley. The "Upper Eagle Valley"
shall be deemed to include the Gore Valley,
Minturn, Red Cliff, Gilman, Eagle -Vail, and Avon
and their surrounding areas. A "Full -time employee"
is a person who works an average of 30 hours per week.
(c) That the secondary dwelling unit shall not be divided
into any form of time - shares, interval ownership or
fractional fee; and
(d) That a declaration of covenants
shall be filed of record in the
Eagle County Clerk and Recorder
by the Town Attorney for the bei
to insure that the restrictions
with the land; and
and restrictions
office of the
in a form approved
ief i t of the Town
herein shall run
(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.
i�
ORDINANCE NO. 22
5
PAGE 4
s
Section 2. If any part, section, subsection, sentence,
W clause or phrase of this ordinance is for any reason held to
be invalid, such decision shall not affect 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 any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The Council hereby finds, determines and
4 declares that this ordinance is necessary and proper for the
health, safety and welfare of the Town of Vail and the inhabitants
thereof.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL THIS 17 day of JULY _9 1979, and
a public hearing on this ordinance shall be held at the regular
meeting of the Town Council of the Town of Vail, Colorado, on
the 7th day of AUGUST 1979.
ayor
C
ATTEST:
r
INTRODUCED ON SECOND READING, READ, APPROVED AND ORDERED PUBLISHED
BY TITLE ONLY THIS 7th DAY OF AUGUST, 1979.
C.
- e�;�
ATTEST- RAYOR
TOW -CLERK
_1
ORDINANCE NO. 6
Series of 2000
AN ORDINANCE REPEALING AND REENACTING CHAPTER 13, EMPLOYEE HOUSING,
TITLE 12 ZONING REGULATIONS, TOWN CODE IN ORDER TO PROVIDE ADDITIONAL
INCENTIVES FOR THE CREATION OF EMPLOYEE HOUSING THROUGHOUT THE TOWN
OF VAIL; AND AMENDING SECTIONS 12 -6C -8 AND 12 -6D -8, DENSITY CONTROL, TITLE
12 ZONING REGULATIONS, TOWN CODE IN ORDER TO REDUCE THE MINIMUM LOT
SIZE REQUIREMENT IN THE TWO - FAMILY AND PRIMARY SECONDARY RESIDENTIAL
ZONE DISTRICTS FROM 15,000 SQ. FT. TO 14,000 SQ. FT.; AND MAKING OTHER
AMENDMENTS IN REGARD THERETO.
WHEREAS, the Town Council finds that these amendments will provide additional
incentives to the private sector to provide employee housing units throughout the Town of Vail;
and
WHEREAS, the proposed amendments are necessary to ensure proper utilization of
employee housing units and the proper enforcement of the occupancy of all employee housing
units; and
WHEREAS, the Town Council believes the proposed amendments will encourage the
incorporation of employee housing units through the redevelopment of older homes in the
Town; and
WHEREAS, The Planning and Environmental Commission of the Town of Vail has
recommended approval of the proposed amendments at its September 27, 1999 meeting, and
has recommended approval of the amendments to the Town Council; and
WHEREAS, the Town Council considers it in the interest of the public health, safety, and
welfare to amend these code sections.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL. OF THE TOWN OF
VAIL., COLORADO, THAT:
Section 1. Title 12, Chapter 13 Employee Housing, is hereby repealed and
reenacted as follows:
EMPLOYEE HOUSING
SECTION:
12 -13 -1: Purpose
12 -13 -2: Applicability
12 -13 -3: General Requirements
12 -13 -4: Requirements by Employee Housing Unit (EHU) Type
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
Ordinance No, 6, Series of 2000
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 of Vail 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.
12 -13 -2: Applicability:
A. Chapter Provisions In Addition: The requirements of this Chapter shall be in addition to the
requirements set forth in each zone district where employee housing units (EHU) are permitted
by this Chapter and all other requirements of this Code.
B. Controlling Provision: Where the provisions or requirements of this Chapter conflict with the
provisions or requirements set forth in any zone district or any other requirements of this Code,
the provisions of this Chapter shall control.
12 -13 -3: General Requirements.
This section provides general requirements which are applicable to EHUs.
A. Deed Restriction, Occupancy Limitations, Reporting Requirements Type I, 11, III, and V.
No employee housing unit which is governed by this Chapter shall be subdivided
or divided into any form of time shares, interval ownerships, or fractional fee. All
Employee Housing Units are required to be occupied and shall not sit empty or
unoccupied.
2. 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. For
the purposes of this Chapter, a full -time employee is one who works an average
of a minimum of thirty (30) hours each week on a year round basis. The owner
of each EHU shall rent the unit at a monthly rental rate consistent with or lower
than those market rates prevalent for similar properties in the Town. An EHU
shall be continuously rented and shall not remain vacant for a period to exceed 5
consecutive months.
3. For an EHU which can be sold separately, the EHU must be occupied by the
owner of the EHU as a permanent residence, except for Type III Employee
Housing Units, which may be occupied by any person meeting the employment
requirements contained herein. For the purpose of this paragraph, a permanent
residence shall mean the home or place in which one's habitation is fixed and to
which one, whenever he or she is absent, has a present intention of returning
after a departure or absence therefrom, regardless of the duration of absence.
In determining what is a permanent residence, the town staff shall take the
following circumstances relating to the owner of the residence into account:
business pursuits, employment, income sources, residence for income or other
tax purposes, age, marital status, residence of parents, spouse and children if
any, location of personal and real property, and motor vehicle registration. Thirty
(30) days prior to the transfer of a deed for an EHU, the prospective purchaser
shall submit an application to the Department of Community Development
documenting that the prospective purchaser meets the criteria set forth herein
and shall include an affidavit affirming that he or she meets these criteria.
4. No later than February 1 of each year, the owner of each employee housing unit
within the Town which is constructed following the effective date of this Chapter
shall submit two (2) copies of a sworn affidavit on a form to be obtained from the
Community Development Department, to the Community Development
Department setting forth evidence establishing that the employee housing unit
has been rented or owner occupied throughout the year, the rental rate, the
employer, and that each tenant who resides within the employee housing unit is
Ordinance No. S, Series of 2000
2
0 0
a full -time employee in Eagle County.
•
5. The provisions set forth in this subsection (A) shall be incorporated into a written
agreement in a form approved by the Town Attorney which shall run with the
land and shall not be amended or terminated without the written approval of the
Town. Said agreement shall be recorded at the County Clerk and Recorder office
prior to the issuance of a building permit for the construction of an EHU.
B. Deed Restriction, Occupancy Limitations, Reporting Requirements Type IV:
All Type IV Employee housing unit deed restrictions shall be incorporated into an
agreement in a form and substance acceptable to the Town Manager and Town
Attorney,
C. Development Standards.
1. No property containing an EHU shall exceed the maximum GRFA permitted in
Title 12 except as specifically provided in herein.
2. All trash facilities shall be enclosed.
3. All surface parking shall be screened by landscaping or berms as per Chapter
12 -11, Design Review,
4. Each EHU shall have its own entrance. There shall be no interior access from
any EHU to any dwelling unit it may be attached to.
5. An EHU may be located in, or attached to, an existing garage (existing on or
before April 18 2000 and whether located in a required setback or not),
provided that no existing parking required by the Town Municipal Code is
reduced -or eliminated. A Type I EHU which has 500 sq. ft. or less of GRFA may
be considered for physical separation from the primary unit, if it is constructed in
conjunction with a two car garage and is otherwise compatible with the
surrounding properties, does not have an adverse impact on vegetation, and
does not dominate the street. The Design Review Board shall review such
requests for separation.
6. All EHUs must contain a kitchen or kitchenette and a bathroom.
7. Occupancy of an of an employee housing unit shall be limited to the maximum of
two persons per bedroom.
D. Application Requirements.
Applicants for a conditional use permit for the purpose of constructing employee
housing shall not be required to pay a conditional use permit application fee or
Design Review application fee.
2. EHU applications requiring a conditional use permit are subject to review and
approval by the Planning and Environmental Commission as provided for in
Chapter 12 -16, Conditional Use Permits.
3. EHU applications which do not require a conditional use permit shall be reviewed
by the Community Development Department subject to a Design Review
Application.
4. Applications for a Type II employee housing unit shall include the signatures of
all owners of the property (i.e., both sides of a duplex) or there shall be a letter
accompanying the application from all owners agreeing to the addition of an
employee housing unit. Applications will not be accepted unless this provision is
met.
5. Any existing legal non- conforming dwelling unit in the Town of Vail may be
Ordinance No. &, Series of 2000
3
0 0 0
converted to an EHU administratively by the Town without obtaining a conditional
use permit. Dwelling units and lock -off units which exist as of the date of this
ordinance but which are nonconforming with respect to density and GRFA may
be converted to a conforming EHU administratively by the Town, as long as they
otherwise comply with the development standards and parking requirements
found herein and comply with the Building Code requirements of the Town of
Vail. Upon being converted to an EHU per this section, such dwelling units shall
be considered legally conforming EHUs and shall be governed by all
requirements of this chapter.
E. Enforcement Provisions.
All employee housing units governed by this title shall be operated and maintained in
accordance with this title. Failure to do so may result in enforcement proceedings in a
court of competent jurisdiction and in accordance with Chapter 3 of Title 12.
�l
Ordinance No. 6, Series of 2000
4
12 -13-4: EHU Requirements by Type.
EHU
Zoning districts
permitted by right or
by conditional use
Ownership/
Transference
Additional GRFA"
Additional Site Coverage
!Reduced Landscape Area
Garage
Credit/Storage
Requirement
Parking
Minimuml
Maximum
GRFA of an
EHU
Density
Type I
Permitted Use:
The EHU may be
The EHU is entitled to an
Site Coverage:
Allowed 300 sq. ft of
Per Chapter 12-
Per Zone
Counts as
Primary/Secondary
sold or
additional 500 sq. ft.
The site is entitled to an
garage area per
10 as a dwelling
District.
2nd unit on
Residential,
transferred as
additional 5% of site
enclosed vehicle
unit.
property.
Two - Family
separate unit on
coverage for EHU.
space at a maximum
Residential
the property.
of 2 parking spaces
(all with lots less than
Landscape Area:
(600 sq. ft.).
14,000 sq. ft.)
(Previously
The site is entitled to a
reduction of landscape area
required deed
by 5% (reduced to 55% of
All units not
restriction on both
site area) for EHU.
constructed with a
units to allow
garage shall be
sale)
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.
Type Il
Conditional Use:
The EHU shall
The EHU is entitled to an
N/A
Allowed 300 sq. ft. of
Per Chapter 12-
300 sq, ft. min.
Allowed as
Single - Family
not -be sold or
additional 500 sq. ft.
additional garage
10 as a dwelling
1,200 s q ft.
3rd unit on
Residential, Two-
transferred
GRFA credit.
area for the EHU,
unit.
max-
property.
Family Residential,
separately from
Does not
Primary/Secondary
the unit it is
All units not
count as
Residential,
associated with.
constructed with a
density.
Agriculture & Open
garage shall be
Space
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.
Ordinance No. 6, Series of 2000
•
C7
•
ENtJI
Zoning districts
Ownership/
Additional GRFA'
ldd�tion�l Site Cover aige
1 e uce Landscape ea
Garage Credit
Parking
Minimum/
Density
permitted by right or
Transference
Maximum
by conditional use
GRFA of an
,
EHU
Type III
Permitted L)se:
The EHU may be
Per Section 12 -15 -3 of the
NIA
NIA
Per Chapter 12-
A. Dwelling
Not counted
Lionshead Mixed Use
sold or
Town Code, Type III
10,
unit format
as density.
1
transferred
Employee Housing Units
Lionshead Mixed Use
separately,
are excluded from the
300 s q. f, min.
2
calculation of GRFA.
1 ,200 sq. f#.
max.
Conditional Use:
B_ Dormitory
Residential Cluster
format
Low Density Multiple-
200 sq, ft. min.
Family
500 sq. ft. max.
Medium Density
Multiple- Family
High Density Multiple-
Dormitory format
Family
may consist of
Public Accommodation
several
Commercial Core 1
bedrooms
.
Commercial Core 2
sharing common
Commercial Core 3
kitchen and
Commercial Service
bathing facilities
Center
in a variety of
Arterial Business
formats or
Parking District
arrangements,
General Use
in which case
Ski Base /Recreation
may exceed the
500 sq. ft.
maximum.
Type 1V
Any dwelling unit may
The EHU may
Shall be determined by
N/A
Shall be determined
Per Chapter 12-
Shall be
Shall be
be designated and
only be sold or
zoning on property.
by zoning on
10 as a dwelling
determined by
determined
deed restricted as a
transferred
property.
unit.
zoning on
by zoning on
Type IV Employee
separately.
property_
property.
Housing Unit, unless
already designated as
an employee housing
unit.
Type V
Permitted Use:
The EHU shall
The EHU is not entitled to
NIA
The EHU is not
Per Chapter 12-
1,200 sq. ft.
Counts as
Hillside Residential
not be sold or
additional GRFA.
entitled to additional
10 as a dwelling
max.
2nd unit on
transferred
garage area credit.
Unit.
property.
separately from
the unit it is
Ordinance
No. 6, Series of 2000
6
s associated with. i
GRFA credits shall only be utilized in the employee housing unit and not other dwelling units on the property,
•
•
•
Ordinance No. 6, Series of 2000
0 0
Section 2. Sections 12 -6A -2, 12 -613-3, 12 -6C -2, 12 -6C -3, 12 -6D -2, 12 -6D -3; 12 -6E -3, 12-
6F-3, 12 -6G -3, 12 -61-1-3, 12 -7A -3, 12- 7134(B), 12- 7B- 5(B)(8 and 9), 12 -7D -2, 12 -7E -4, 12 -7F-
4, 12 -7F -9, 12- 7H -2(C), 12- 7H -3(C), 12- 7H -4(A), 12- 71 -2(C), 12- 71 -3(C), 12- 71- 4(A),12 -8A -3,
12 -0-3, 12 -913-3, and 12 -9C -3 , Title 12, Zoning Regulations are hereby amended as follows:
12 -6A -2: PERMITTED USES:
The following uses shall be permitted in the HR District:
Single - family residential dwellings.
Type V employee housing unit, one per lot, as set forth in Chapter 13 of this Title.
12 -6B -3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of Chapter 16 of this Title.
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Type II employee housing unit as set forth in Chapter 13 of this Title.
12 -6C -2: PERMITTED USES:
The following uses shall be permitted in the R District:
Single - family residential dwellings.
Two - family residential dwellings.
Type I employee housing unit as set forth in Chapter 13 of this Title.
12 -6C -3: CONDITIONAL USES:
The following conditional uses shall be permitted in the R District, subject to issuance of
a conditional use permit in accordance with the provisions of Chapter 16 of this Title:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Type II employee housing units as set forth in Chapter 13 of this Title.
12 -6D -2: PERMITTED USES:
The following uses shall be permitted:
Single - family residential dwellings.
Ordinance No. 6, Series of 2000 8
0 0 0
Two - family residential dwellings.
Type I employee housing unit as provided in Chapter 13 of this Title.
12 -6D -3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of Chapter 16 of this Title:
[Ail other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Type 11 employee housing unit as set forth in Chapter 13 of this Title,
12 -6E -3; CONDITIONAL USES:
The following conditional uses shall be permitted in the RC District, subject to issuance
of a conditional use permit in accordance with the provisions of Chapter 16 of this Title:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Type III employee housing units (EHU) as provided in Chapter 13 of this Title.
12 -6F -3: CONDITIONAL USES:
The following conditional uses shall be permitted in the LDMF District, subject to
issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this
Title:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Type III employee housing units (EHU) as provided in Chapter 13 of this Title.
12 -6G -3: CONDITIONAL USES:
The following conditional uses shall be permitted in the MDMF District, subject to
issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this
Title:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Ordinance No. 6, Series of 2000 9
Type III employee housing units (EHU) as provided in Chapter 13 of this Title.
12 -61-1-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the HDMF District, subject to
issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this
Title:
[Ali other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Type III employee housing units (EHU) as provided in Chapter 13 of this Title.
12 -7A -3: CONDITIONAL USES:
The following conditional uses shall be permitted in the PA District, subject to issuance
of a conditional use permit in accordance with the provisions of Chapter 16 of this Title:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Type III employee housing units (EHU) as provided in Chapter 13 of this Title.
12 -713-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR:
B. Conditional Uses: The following uses shall be permitted on second floors above
grade, subject to the issuance of a conditional use permit in accordance with the provisions of
Chapter 16 of this Title:
(All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Type III employee housing units (EHU) as provided in Chapter 13 of this Title.
12 -713-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR:
B. Conditional Uses: The following uses shall be permitted on any floor above the
second floor above grade, subject to the issuance of a conditional use permit in accordance
with the provisions of Chapter 16 of this Title. Any permitted or conditional use which eliminates
any existing dwelling or accommodation unit, or any portion thereof, shall require a conditional
Ordinance No. 6, Series of 2000 10
0 0 0
use permit. Such uses may include:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
8. Type III employee housing units (EHU) as provided in Chapter 13 of this Title.
12 -7D -2: CONDITIONAL USES:
The following conditional uses shall be permitted in the Commercial Core 3 District, subject to
issuance of a conditional use permit in accord with the provisions of Chapter 16 of this Title:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Type III employee housing units (EHU) as provided in Chapter 13 of this Title gnu
12 -7E -4: CONDITIONAL USES:
The following conditional uses shall be permitted in the CSC District, subject to issuance
of a conditional use permit in accordance with the provisions of Chapter 16 of this Title:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Type III employee housing units (EHU) as provided in Chapter 13 of this Title.
12 -7F -4: CONDITIONAL USES:
A. Enumerated: The following conditional uses shall be permitted in the Arterial
Business District, subject to the issuance of a conditional use permit in accordance with the
provisions of Chapter 16 of this Title:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed,]
Type III employee housing units (EHU) as provided in Chapter 13 of this Title.
12 -7F -9: DENSITY CONTROL:
Not more than sixty (60) square feet of gross residential floor area (GRFA) shall be
permitted for each one hundred (100) square feet of buildable site area. Total density Ghall 4;�#
Ordinance No. 6, Series of 2000 11
0 0 0
12 -71-1-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL:
C. Conditional Uses: The following uses shall be permitted in basement or garden
levels within a structure, subject to issuance of a conditional use permit in accordance with the
provisions of Chapter 16 of this Title:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Multiple- family residential dwelling units, time -share units, fractional fee clubs, lodge
dwelling units, and employee housing units (Type III (EHU) as provided in Chapter 13 of this
Title).
12 -71-1-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET
LEVEL:
C. Conditional Uses: The following uses shall be permitted on the first floor or street
level floor within a structure, subject to issuance of a conditional use permit in accordance with
the provisions of Chapter 16 of this Title:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Multiple- family residential dwelling units, time -share units, fractional fee clubs, lodge
dwelling units, and employee housing units (Type III (EHU) as provided in Chapter 13 of this
Title).
12 -71-1-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE:
A. Permitted Uses; Exception: The following uses shall be permitted on those floors
above the first floor within a structure:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Multiple- family residential dwelling units, time -share units, fractional fee clubs, lodge
dwelling units, and employee housing units (Type III (EHU) as provided in Chapter 13 of this
Title).
12 -71 -2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL:
Ordinance No. 6, Series of 2000 12
a 0 0 0
C. Conditional Uses: The following uses shall be permitted in basement or garden
levels within a structure, subject to issuance of a conditional use permit in accordance with the
provisions of Chapter 16 of this Title:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Multiple- family residential dwelling units, time -share units, fractional fee clubs, lodge
dwelling units, and employee housing units (Type III (EHU) as provided in Chapter 13 of this
Title),
12 -71 -3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL:
C. Conditional Uses: The following uses shall be permitted on the first floor or street
level floor within a structure, subject to issuance of a conditional use permit in accordance with
the provisions of Chapter 16 of this Title:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Multiple- family residential dwelling units, time -share units, fractional fee clubs, lodge
dwelling units, and employee housing units (Type III (EHU) as provided in Chapter 13 of this
Title).
12 -71 -4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE:
A. Permitted Uses; Exception: The following uses shall be permitted on those floors
above the first floor within a structure:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Multiple- family residential dwelling units, time -share units, fractional fee clubs, lodge
dwelling units, and employee housing units (Type III (EHU) as provided in Chapter 13 of this
Title).
12 -8A -3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of Chapter 16 of this Title-
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Ordinance No. fi, Series of 2000 13
Type 11 employee housing unit (EHU) as provided in Chapter 13 of this Title.
12 -8D -3: CONDITIONAL USES:
The following conditional uses shall be permitted in the Ski Base /Recreation District,
subject to the issuance of a conditional use permit in accordance with the provisions of Chapter
16 of this Title:
[Ail other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Type III employee housing units (EHU) as provided in Chapter 13 of this Title.
12 -9B -3: CONDITIONAL USES:
The following conditional uses shall be permitted subject to issuance of a conditional
use permit in accordance with the provisions of Chapter 16 of this Title:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Type III employee housing units (EHU) as provided in Chapter 13 of this Title.
12 -9C -3: CONDITIONAL USES:
A. Generally: The following conditional uses shall be permitted in the GU District,
subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16
of this Title:
[All other uses or text listed in this section remains unchanged. Stricken text is being
removed.]
Type III employee housing units (EHU) as provided in Chapter 13 of this Title.
Section 3. Section 12 -7F -15 is hereby repealed in its entirety.
Section 4. Sections 12 -6C-8 and 12 -6D -8 are amended to read as follows:
12 -6C -8: DENSITY CONTROL:
Ordinance No. 6, Series of 2000 14
0 i 9
A. Dwelling Units: Not more than a total of two (2) dwelling units shall be permitted on each
site with only one dwelling unit permitted on existing lots less than
(15,999) fourteen thousand (14,000) square feet.
B. Gross Residential Floor Area:
1. The following gross residential floor area (GRFA) shall be permitted on each site:
a. Twenty five (25) square feet of gross residential floor area (GRFA) for each one
hundred (100) square feet of the first fifteen thousand (15,000) square feet of
site area; plus
b. Ten (10) square feet of gross residential floor area (GRFA) for each one hundred
(100) square feet of site area over fifteen thousand (15,000) square feet, not to
exceed thirty thousand (30,000) square feet of site area; plus
G. Five (5) square feet of gross residential floor area (GRFA) for each one hundred
(100) square feet of site area in excess of thirty thousand (30,000) square feet.
2. In addition to the above, four hundred twenty five (425) square feet of gross residential
floor area (GRFA) shall be permitted for each allowable dwelling unit.
aGRG, OF th9 fleed Plain, GF the&& of IeGs than fifteeR theusand (15,900) sGIWaFe feet Shall be 69
thGusand (45,009) 69waFe feet !R aGG9FdaRGe With 98GtIGR 12 13 4 of thj6 Title.
C. Employee Housing Units: Notwithstanding the provision of subsections A and B of this
Section, a Type I employee housing unit shall be permitted on lots of less than fifty
theusaad- (x,099) fourteen thousand (14,000) square feet in accordance with the
provisions of Chapter 13 of this Title. Any Type I Employee Housing Unit existing on or
before April 18,_2000 shall not be eliminated unless all dwelling units are demolished, in
which case the zoning on the property shall apply.,. However, an existing Type I
Employee H_ ousing Unit may be replaced with a Type II Emglovee Housing Unit on lots
of 14.000 Eg. ft. or greater.
12-6D -8: DENSITY CONTROL:
A. Dwelling Units: Not more than a total of two (2) dwelling units shall be permitted on each
site with only one dwelling unit permitted on existing lots less than fifteen, thou Rd
(- 16,009) fourteen thousand (14,000) square feet.
B. Gross Residential Floor Area:
1. The following gross residential floor area (GRFA) shall be permitted on each site:
a. Twenty five (25) square feet of gross residential floor area (GRFA) for each one
hundred (100) square feet of the first fifteen thousand (15,000) square feet of
site area; plus
b. Ten (10) square feet of gross residential floor area (GRFA) for each one hundred
(100) square feet of site area over fifteen thousand (15,000) square feet, not to
exceed thirty thousand (30,000) square feet of site area; plus
Five (5) square feet of gross residential floor area (GRFA) for each one hundred
(100) square feet of site area in excess of thirty thousand (30,000) square feet.
2. In addition to the above, four hundred twenty five (425) square feet of gross residential
Ordinance No, 6, Series of 2000 15
0 0 0
floor area (GRFA) shall be permitted for each allowable dwelling unit.
C. Employee Housing Units: Notwithstanding the provision of subsections A and 8 of this
Section, a Type I employee housing unit shall be permitted on lots of less than fifteen
thewsai;d (4 99), fourteen_ thousand (14,000) square feet in accordance with the
provisions of Chapter 13 of this Title. Any Type I Employee Housing Unit existing on or
before April 18 2000 shall not be eliminated unless all dwelling units are demolished in
which case the zoning on the property shall apply. However, an existing Type I
Employee Housing Unit may be replaced with a Tyge II Employee Housing Unit on lots
of 14.000 sq. ft. or greater.
Section 5. Subsection 12- 15- 3(A)(2)(b)(8) is hereby amended to read as follows:
(8) Floor area to be used in a Type III OF a Type 1V "Employee Housing Unit (EHU)" as
defined and restricted by Chapter 13 of this Title.
Section 6. 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 any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 7. 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 8. 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
Ordinance No. 6, Series of 2000 16
Mv
-
- - -
...
WIN
C. Employee Housing Units: Notwithstanding the provision of subsections A and 8 of this
Section, a Type I employee housing unit shall be permitted on lots of less than fifteen
thewsai;d (4 99), fourteen_ thousand (14,000) square feet in accordance with the
provisions of Chapter 13 of this Title. Any Type I Employee Housing Unit existing on or
before April 18 2000 shall not be eliminated unless all dwelling units are demolished in
which case the zoning on the property shall apply. However, an existing Type I
Employee Housing Unit may be replaced with a Tyge II Employee Housing Unit on lots
of 14.000 sq. ft. or greater.
Section 5. Subsection 12- 15- 3(A)(2)(b)(8) is hereby amended to read as follows:
(8) Floor area to be used in a Type III OF a Type 1V "Employee Housing Unit (EHU)" as
defined and restricted by Chapter 13 of this Title.
Section 6. 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 any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 7. 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 8. 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
Ordinance No. 6, Series of 2000 16
I
1 0 0 0
superseded unless expressly stated herein.
Section 9. 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.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 4'h day of April, 2000 and a public
hearing for second reading of this Ordinance set for the 181h day of April, 2000, in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
r /
Ludwig Kurz, yor
AiWst:
`Lorelei Donaldson, Town Clerk
17
Ordinance No, 6, Series of 2000
0 0
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 'i8th day
of April, 2000.
ti 0-1 ��1f t ( -..'.
Ludwig Kurz, M or
G
J
Attest:
releiTDonaldson, Town Clerk
Ordinance No. 6, Series of 2000 18
IV
I
Two - Family Primary /Secondary
Residential (PS) Zone District
Town of Vail
�) Type 1 EHUs
Two - Family Primary/Secondary Residential Zone District
Lots < 14,000 sq.ft.
Lots > 14,000 sq.ft.
Buffehr
Creek
Das Schone R
Intermountain
Matterhorn
Potato Patch
Forest Road
e This map was created by he Town of Vail GIS Team. Use athis map should b. for general pulp.... only. The T n of Vail does not warrant the accuracy of the information ..,aim ad herein.
Miles where shown, parcel line work is approximate)
0 0.5 1 Last Modified: November 20, 2013 rGWk OF PIL
Two - Family Primary /Secondary
Residential (PS) Zone District
Town of Vail
Type 1 EHUs
Two - Family Primary/Secondary Residential Zone District
Lots < 14,000 sq.ft.
_ Lots > 14,000 sq.ft.
r�
4 '
m —
Golf urse East Vail
r --
l l -
6
e This map was createtl by the Town of Vail GIS Team. Use of this map shoultl ba for 9aneral Purposes only. The T n of Vail does not warrant the accuracy of the information confapp herein. Ar
Miles (where shown, parcel line wo k is approximate)
0 0.5 1
Last Modified: November 20, 2013 rawk OF YAII `
Warren Campbell
From: susan bristol <susan.bristol @gmail.com>
Sent: Tuesday, November 19, 2013 8:43 PM
To: Warren Campbell
Cc: Idonaldson @vailgov.com
Subject: RE: REQUEST FOR DENSITY AMENDMENT - VIA WILLIAMS FAMILY TRUST
RE: PEC130027
A Vail single - family homeowner since 1972, I would like to weigh in on the above request for a residential
density amendment. I understand that the impetus to the amendment request is a lot in Mill Creek Circle. My
home is on Matterhorn Circle but I believe that the amendment would have far - reaching negative affects
throughout the Town of Vail.
As an example, the Matterhorn neighborhood has traditionally had an abundance of what began as single- family
homes. When I purchased my home in 1972 many of the homes were already rented to large groups of local
workers, creating a density beyond what had been originally envisioned. Were the above amendment to take
effect, the density of the small lots would undoubtedly be doubled, creating parking problems (already existing),
overcrowding (already existing in properties owned by employers like Peter Knobel), and a total change in
the visual character of the entire area.
I believe one of the attractions for visitors and new home buyers in the Town of Vail is the open character of
our valley. People come to breathe, not to be cheek and jowl with others as is the case in so many cities. We
have a jewel. I hope we will not throw away that which is so unique about our neighborhoods for short- sighyed
economic gain, undoubtedly the point of the request for the Mill Creek Circle density amendment.
I will watch carefully the decision of the PEC and the Town Council.
Susan Bristol, Hon AIA
1652 Matterhorn Circle
Box 431/Vail, CO 81658
476 -2608
Warren Campbell
From:
Tiner, Michael L. <mltiner @tanglewoodinv.com>
Sent:
Tuesday, November 19, 2013 11:44 AM
To:
Warren Campbell
Cc:
Tiner, Betti B.
Subject:
Proposed Amendment to Vail Town Code
Dear Mr. Campbell —
I am writing this email in strong opposition to the proposed amendment to Section 12 -6D -8, Density Control, of the Vail
Town Code that I understand is being proposed by the Williams Family Trust (represented by the Devlin Law Group,
LLC). As I understand it, the proposed amendment would strike the requirement that only a single dwelling unit is
permitted to be constructed on lots under 14,000 square feet in area.
My wife, Betti, and I are single family homeowners in Vail in the Vail Golf Course neighborhood. We would strongly
oppose this or any other change in the Vail Town Code which would result in the ability to construct greater density of
housing in our neighborhood than is currently allowed by existing regulations.
My wife and I are unable to attend the Town of Vail Planning and Environmental Commission hearing on this topic that
is scheduled for November 25, 2013 at 1:00 PM in order to voice our opposition in person. However, it is my
understanding that you will ensure that a copy of this correspondence is included in the materials to be considered at
that hearing.
I would appreciate it if you are able to find the time to advise me of the outcome of the hearing with regard to this
matter.
Thanks you for your assistance.
Sincerely,
Michael L. and Betti B. Tiner
1045 Homestake Circle
Vail, Colorado 81657
Cell Phone : 713 - 446 -6369
Warren Campbell
From: jack bergey <jackbergey @yahoo.com>
Sent: Monday, November 18, 2013 4:59 PM
To: Warren Campbell
Subject: Density Control Amendment
Warren,
Thank you for returning my call the other day and discussing the proposed density control amendment. I
would like to recommend striking the requirement existing lots less than 14,000 square feet in area are
permitted only a single family dwelling unit.
The reasons that I feel this change would benefit the community are as follows.
• It would encourage improvements to many currently non- conforming properties.
• Construction projects would help the economy in Vail.
• Updating non - conforming properties would improve parking, snow removal, and water drainage
issues that are related to old, poorly planned and not to current code properties.
• I don't think there will be any additional traffic issues because it is possible that if someone adds an
additional unit it will most likely be used for a second home (vacant most of the time), and it will
conform to current parking requirements.
Thank you for your time.
Jack Bergey
2427 Chamonix Ln #6
303 378 0249
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
Town of Vail,
Vail, Colorado
November 20, 2013
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 @gmail.com
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