HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 6 LOT 9 44 WILLOW PLACE EHUo
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TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
July 25, 1994
A request for an amendment to Section 18.57 of the Town ot Vail Municipal
Code, Employee Housing, to allow for common area to be used for employee
housing.
Applicant: Jay PetersonPlanner: Andy Knudtsen
I. BACKGROUND ON THE REOUEST
Jay Peterson, the developer ol 44 Willow Place, is proposing changes to the Zoning Code
regarding employee housing units. When his poect was originally designed, he included
three employee housing units. He had used all of the GRFA in the project for the three
dwelling units and had proposed using common area for the employee housing units. At the
time, the Code did not allow this to be done.
The options Jay presented to the Planning and Environmental Commission (PEC) at the time
of approval included:
'l . Delete the employee housing units and turn the area into common storage;2. Propose an SDD to allow the employee housing units; or,3. Propose a Code change to allow a certain percentage of allowed common area
in a multi-family building to be used for employee housing units.
The applicant and the PEC agreed that the third option was the best. At this time, Jay has
pursued the third option and is proposing the language listed below.
II. DESCRIPTION OF THE PROPOSED CODE CHANGES
The proposed code changes are shown below in shade and everrtrike.
18.04.130 Floor area, gross residential (GRFA).
Gross residential floor area (GRFA) means the iotal square footage of all levels of a
building, as measured at the inside face of the exterior walls (i.e. not including funing,
sheetrock, plaster and other similar wall finishes). GRFA shall include, but not be limited to,
elevator shafts and stairyvells at each level, lofts, fireplaces, bay windows, mechanical chases,
vents, and storage areas. Attics, crawl spaces and roofed or covered decks, porches,
terraces or patios shall also be included in GRFA, unless they meet the provisions of
subsections A. or B. below.
A.within buildings containing two or fewer dwelling units, the following areas shall be
excluded from calculation as GRFA:
1. Enclosed garages of up to three hundred square feet per vehicle space not
exceeding a maximum of two spaces for each allowable dwelling unit permitted
by the zoning code.
2. Attic space with a ceiling height of five feet or less, as measured from the top
side of the structural members of the floor to the underside of the structural
members of the roof directly above. Attic area created by construction ol a roof
with truss-type members will be excluded from calculation as GFIFA provided
the trusses are spaced no greater than thirty inches apart.
3. Crawl spaces accessible through an opening not grealer than twelve sguare
feet in area, with Iive feet or less of ceiling height, as measured from the
surface of the earth to the underside of structural floor members of the
floor/ceiling assembly above.
4. Roofed or covered deck, porches, terraces, patios or similar features or spaces
with no more than three exterior walls and a minimum opening of not less than
tweng-five percent ol the lineal perimeter of the area of said deck, porch,
terrace, patio, or similar feature orspace provided the opening is contiguous
and fully open from floor to ceiling with an allowance for a railing of up to three
feet in height.
GRFA shall be calculated by measuring the total square footage of a building set forth
in Section 18.04.130 above. Excluded areas as set forth in subsection A, shall then be
deducted from total square footage.
Within buildings containing more than two allowable dwellings or accommodation units,
the following additional areas shall be excluded from calculation as GRFA:
1. Enclosed garages to accommodate on-site parking requirements.
2. All or part of the following spaces, provided such spaces are common spaces
and that the total square footage of all the following spaces shall not exceed
thirty{ive percent of the allowable GRFA permitted on the lot.
a. Common hallways, stairways, elevator shafts and airlocks;
b. Common lobby areas;
c. Common enclosed recreation tacitities;
d. Common heating, cooling or ventilation systems, solar rock storage
areas, or other mechanical systems. Square iootage excluded from
calculation as GRFA shall be the minimum square footage required to
allow for the maintenance and operation of such mechanical svstems:
B.
e. Common closet and storage areas, providing access to such areas is
from common hallways only;
f. Meeting and convention facilities;
S. Office space, provided such space is used exclusively for the
management and operation of on-site facilities.
h. Floor area to be used in a Type lll or a Type lV Employee Housing Unit
(EHU) as defined and restricted by Chapter 18.57, provided said EHU
floor area shall not exceed 600/o of the 35% common area allowance
defined by Section 18.04.130b.2. above. Any square tootage for the
Type lll or Type lV EHU's which exce€ds the 60010 maximum of allowed
common area shall be included in the calculation of GRFA.
Any square footage which exceeds the thirty-five percent maximum shall be
included in the calculation of GRFA.
3. All or parl of an airlock within an accommodation or dwelling unit not exceeding
a maximum of twenty-five square feet, providing such unit has direct access to
the outdoors.
4. Overlapping stairways within an accommodation unit or dwelling unit shall only
be counted at the lowest level.
5. Attic space with a ceiling height of live feet or less, as measured from the top
side of the structural members of the floor to the underside of the structural
members of the roof directly above. Attic areas created by construction of a
roof with truss{ype members will be excluded from calculation as GRFA
provided the trusses are spaced no greater than thirty inches apart.
6. Crawl spaces accessible through an opening not greater than twelve square
feet in area, with five feet or less of ceiling height, as measured from the
surface of the earth to the underside ol structural floor members of the
floor/ceiling assembly above.
7. Rooled or covered decks, porches, lerraces, patios or similar features or
spaces with no more lhan three exterior walls and a minimum opening of not
less than twenty-five percent of the lineal perimeter of the area of said deck,
porch, terrace, patio, or similar feature or space provided the opening is
contiguous and fully open from floor to ceiling, with an allowance for a railing of
up to three feet in height
GRFA shall be calculated by measuring the total square footage of a building as set
forth in Section 18.04.130 above. Excluded areas as set forth in subsection B. shall then be
deducted from the total square footage.
(Ord. 15 (1991)51: Ord.37 (1990)51:Ord.41 (1982) S 1A:Ord.37(1980)S 1(part).)
o
-EDITOR'S NOTE: The provisions of this section shall not be effective for any application
for development which has been submitted to the department of
community development, and accepted by the same, on or before July
1, 1991, unless agreed to by the applicant submitting the application
before July 1, 1991.
III. STAFF ANALYSIS
Staff believes that the propbsed changes will be beneficial for providing employee housing.
We believe that there are enough checks and balances within the Zoning Code that this
section will not be used to generate excess mass and bulk or excess units on any particular
site. The common area square footage is already allowed by the Code. This amendment
adds one additional way in which common area may be used. The important points to
understand include the following:
1. The common area can only be used for Type lll or Type lV employee housing
units.
Type lll and Type lV employee housing units are allowed only as conditional
uses. They are allowed in the following zone districts: Residential Cluster, Low
Density Multi-Family, Medium Density Multi-Family, High Density Multi-Family,
Public Accommodation, Commercial Core l, Commercial Core ll, Commercial
Core lll, Commercial Service Center, Arterial Business District, Public parking
District, Public Use District and Ski Base Flecreation District.
There is no net increase in floor area. The amendment allows for allowed
common area to be used not only for standard common area uses (hallways,
stairways, lobbies, etc.) but also broadens the use to include Type lll and Type
lV units. The total allowed common area remains the same.
Though the ordinance will allow the use of common area as GRFA, it does not
altow any additional density for dwelling units on-site beyond what is allowed
under the property's zoning.
All other zoning standards will be in effect. Standards for height, site coverage,
setbacks, parking, etc. could not be amended without a variance. More
importantly, the applicant will have to provide all parking required for the units
on-site.
The concept of the proposed changes is one that staff believes is consistent
with the Town's Employee Housing Ordinance, Land Use Plan, and with the
Town's effort to add to the employee housing supply. Specifically, the following
goals ot the Land Use Plan call for the additional supply of Employee Housing:
"5.3 Aftordable employee housing should be made available through
private efforts, assisted by limited incentives, provided by the
Town of Vail, with appropriate restrictions.
2.
e
4.
6.
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."
Determining the appropriate amount of common area that can be allocated lor
employee housing has been difficult for staff to calculate. At this time, statf is
recommending 60%. At the end of this memo, there is a chart showing what
percentage ol floor area has been allocated to common area and what area
could be used lor employee housing units for a variety of projects in the Town.
Staff has shown each project under three different scenarios of comrhon area.
We calculated the allowable square lootage of common area for employee
housing units at 60%,50%, and 30%. Staff believes that the 60% works the
best. We believe that it is important to retain some common area for typical
common area uses, such as lobbies, hallways and front offices. However, we
do not want to limit the amount of employee housing that could be located on-
site as we are trying to encourage units and disperse employee housing
throughout the community. Though the research staff has done does not
clearly indicate that a certain percentage is better than others, we believe that
60% of allowed common area is a reasonable standard as it will allow flexibility,
yet reserve some of the allocated common area for traditional common area
purposes. Please see the chart at the end of the memo.
Because the numbers can get confusing, staff has provided an example below
to show how the proposed changes could be used in a hypothetical situation.
Lot Size:
Zone District:
GRFA Allowed:
Units Allowed:
1/2 acre o( 21 ,780 square feet
Public Accommodation
(21,780X.80) = 't7,424 square feet
(.5 acre)(25 dwelling units/acre) = 12.5
dwelling units
Common Area Allowed: (.35)(17,424) = 6,098.4 square feet
Maximum Area Allowed
to be used for EHU's: (6,098.4X.60) = 3,659 square feet
Maximum Area Allowed
to be used lor standard
Common Area Uses: 6,098.4 - 3,659 = 2,439 square feet
V. CHANGE TO GRFA DEFINITION
One of the other changes that staft is proposing at this time that is unrelated to housing is to
include the phrase "bay windows" in our definition of GRFA. We have counted all bay
windows as GRFA since our delinition was changed in 1990. We would like to clarity the
Code so that it references bay windows in the definition. We believe that it will help architects
and developers as they prepare site plans to have the definition be more complete. There will
be no chanoe in the way staff has been enforcing the Code.
o
vr. coNcLustoN
Staff believes that the proposed changes add flexibility to the Zoning Code that will help
provide additional employee housing. We believe that it is a reasonable amount ot flexibility
as all other zoning standards will still be in effect and any proposal lor a Type lll or Type lV
unit will be reviewed by the PEC as a condilional use. During the staff and PEC review of the
Type lll or Type lV unit, stalf recommends that applicants be required to explain their current
and future common area needs so that future common area variances are discouraged.
Based on the proposed language and its compliance with Town ot Vail planning documents,
staff recommends approval of the requested code changes.
ci\pec\memos\ehujay.725
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Peter Koliopoulos was directed by the PEC lo come back to another meeting with a
better solution to the site issues other than to have buildings in the setbacks.
6. A request for an amendment to Section 18.57 of the Town of Vail Municipal Code,
Employee Housing, to allow for common area lo be used for employee housing.
Applicant: Jay Peterson
Planner: Andy Knudtsen TABLED TO JULY 11,1994
Dalton made a motion to table this request until July 11, 1994. Jefl Bowen seconded
the motion and a 5-0 vote tabled this item to the July 11, 1994 PEC meeting.
7. A request for a front setback and wall height variances to allow for additions to an
existing Primary/Secondary residence located at 226 Forest Road/Lot 11-A, Block
7,Vail Village 1st Filing.
Applicant: John KredietPlanner: Randy Stouder TABLED INDEFINITELY
Dalton made a motion to table this request indefinitely. Jefl Bowen seconded the
motion and a 5-0 vote tabled this item indefinitely.
8. Approve minutes lrom June 13, '1994 PEC meeting.
Jeff Bowen made a motion lo approve the minutes from the June 13, 1994 PEC
meeting with Bill Anderson seconding the motion. A 5-0 vote approved the minutes
from the June 13, 1994 PEC meeting.
9. Jefl Bowen gave a presentation on a wetlands conference he recently attended. Jeff
stated that both the science and law of wetlands are extremely broad. There are three
key words relating to wetlands; hydrophilic vegetation, hydrant soils, and hydrology.
Riparian areas are not specifically covered as wetlands, nor are banks of a stream
necessarily covered as wetlands.
Laws relating to wetlands are considerable. The Clean Water Act (404 permit) is
implemented by the Corp of Engineers and can be overridden by EPA. The Colorado
Health Department is interested in the type of pollution a development might create
with wetlands.
Crested Butte and Telluride have implemented a process regarding wetlands. lf one
half ol a property is in a wetlands you can lransfer development rights from this
property to another property through a conservation easement.
Kristan Pritz asked if the development rights are transferable to any specific area.
Bill Anderson asked what agency is the "bottom line" on what is a wetland?
Planning and Environmental Commission
June 27. 1994
Berrnv, Ilannnc & Prtpnsonv
A PRoFESsIoNel ConPonanroN
ATToRNEYSATLAw
LINCOLN CENTER
1660 LINCOIN STREET, SUITE 3176
DENVER, COLORADO 80284
TELEPHONE (303) 83?.1660
FACSIMILE (SO8) 83?.0097
TO3
FROtt!
DATE:
RE3
VAIL NATIONAL BANK BLDC.
rOS SOUTH FRONTAGE ROAD WEST, SUITE
VAIL, COLORADO 81657
TELEPHONE (303) {?6-0092
FACSIMILE $OA' 175 -0487
UE}IORANDUIiI
ANDY KNUDTSEN, TOWN OF VAIL
JAY K. PETERSON (FAX NO. 479-0467)
JUNE 27, L994
COMMON AREA AS EHU SQUARE FOOTAGE
L{,^ I \AMEND l-8.04.1-30 B to add:
€t-cx ote" tt vt '^n' J ;n
8. Type III or Iv EHU as
l-8.57, provided such
square footage allowed
/ . 1^-> iy'.u^:s
Z y/\a'- "r /r,;/
Any square footage which exceeds the 60* -maxirnumincluded in the calculation of GRFA. (square
allowed under this section shall be included
calculations ^of common spaces allowed under l-8
B.2. above. ) ?
k "**"" t'r/^
definqldnd restricted bY Chapterof the
above.
wiII be
footagein the
.04.1_30
EHU-dhaII not exceed 608
Section 18.04.130 B.2.
----_--...F.--.
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TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
@ J,-q -LE,t4qA
A request for an amendment to Section 18.57 of the Town of Vail
Municipal Code, Employee Housing, to allow lor common area to be
used for employee housing.
Applicant: Jay Peterson
Planner: Andy Knudtsen
I. DESCRIPTION OF THE REQUEST
Jay Peterson, the developer ol 44 Willow Place, is proposing changes to the Zoning Code
regarding employee housing units. When his project was designed rt'+FTVih'Erftaee, he
included three employee housing units. He had used all of the GRFA in the project for the
three dwelling units and had proposed using common area for the employee housing units.
r .\, 4The Code did not allow this to be done.s- (
.\lrt " 1 The options Jay presented tg the Planning and Environmental Commission (PEC) at the time' Fv" t of approval wersta ,tt ln^ )t )
D' lr I t)'*-1. - D€b+dthe employee housing units and turn the area into common storage;
^ .,rx 2. -Prcp€ee an SDD to allow the employee housing units; or,
)n{'' u 3. -.eropese a Code change to allow common area in a multi-family building to bet used lor employee housing units.
''n7'i^ F
?'"t The applicant and the PEc atffii*ffif4mfal agreed that the third option was the best./ At this time, Jay has pursued the third option and is proposing the language listed below.
II. PROPOSED CODE CHANGES
The proposed code changes are shown below in shade and sverstriks.
18.04.130 Floor area, gross residential (GRFA).
Gross residential floor area (GRFA) means the total square footage ol all levels of a
building, as measured at the inside lace of the exterior walls (i.e. not including furring,
sheetrock, plaster and other similar wall finishes). GRFA shall include, but not be limited to,
elevator shafts and stainvells at each level, lofts, fireplaces, mechanical chases, vents, ancl
storage areas. Attics, crawl spaces and roofed or covered decks, porches, terraces or patios
shall also be included in GRFA, unless they meet the provisions ol subsections A. or B.
below.
JfrY
A.Within buildings containing two or fewer dwelling units, the following areas shall be
excluded from calculation as GRFA:
1. Enclosed garages of up to three hundred square feet per vehicle space not
exceeding a maximum of two spaces for each allowable dwelling unit permitted
by the zoning code.
2. Attic space with a ceiling height ol five feet or less, as measured from the top
side of the structural members of the floor to the underside of the structural
members of the roof directly above. Attic area created by construction of a roof
with truss-type members will be excluded from calculation as GRFA provided
the trusses are spaced no greater than thirty inches apart.
3. Crawl spaces accessible through an opening not greater than Wdve square
leet in area, with five feet or less of ceiling height, as measured from the
surface of the earth to the underside of structural floor members of the
floor/ceiling assembly above.
4. Roofed or covered deck, porches, terraces, patios or similar features or spaces
with no more than three exterior walls and a minimum opening of not less than
twenty-five percent of the lineal perimeter ol the area of said deck, porch,
terrace, patio, or similar feature or space provided the opening is contiguous
and fully open from floor to ceiling with an allowance for a railing of up to three
feet in height.
GRFA shall be calculated by measuring the total square footage of a building set forth
in Section 18.04.130 above. Excluded areas as setforth in subsection A, shall then be
deducted from totial square footage.
Within buildings containing more than two allowable dwellings or accommodation units,
the following additional areas shall be excluded from calculation as GRFA:
1. Enclosed garages to accommodate on-site parking requirements.
2. All or part of the following spaces, provided such spaces are common spaces
and that the total square footage of all the tollowing spaces shall not exceed
thirty{ive percent of the allowable GRFA permitted on the lot.
a. Common hallways, stairways, elevator shafts and airlocks;
b. Common lobby areas;
c. Common enclosed recreation facilities;
d. Common heating, cooling or ventilation systems, solar rock storage
areas, or other mechanical systems. Square footage excluded from
calculation as GRFA shall be the minimum square footage required to
allow for the maintenance and operation of such mechanical systems;
B.
e. Common closet and storage areas, providing access to such areas is
from common hallways only;
f. Meeting and convention facilities;
g. Office space, provided such space is used exclusively for the
./----.--.- manaoement and oDeration of on-site facilities.(t^.) fffiTf\-Afit squaie-tdiDE@frtich exceeds the thirty-five percent maximum will be
included in the calculation of GRFA.
3. All or part of an airlock within an accommodation or dwelling unit not exceeding
a maximum of twenty{ive square leet, providing such unit has direct access to
the outdoors.
4. Overlapping stairways within an accommodation unit or dwelling unit shall only
be counted at the lowest level.
5. Attic space with a ceiling height of five feet or less, as measured from the top
side of the structural members of the floor to the underside of the structural
members of the roof directly above. Attic areas created by construction of a
roof with truss-type members will be excluded from calculation as GRFA
provided the trusses are spaced no grealer than thirty inches apart.
6. Crawl spaces accessible through an opening not greater than twelve square
feet in area, with five feet or less ol ceiling height, as measured lrom the
surface of the earth to the underside of structural floor members of the
floor/ceiling assembly above.
7. Roofed or covered decks, porches, terraces, patios or similar features or
spaces with no more than lhree exterior walls and a minimum opening of not
less than twenty-five percent of the lineal perimeter of the area of said deck,
porch, terrace, patio, or similar fealure or space provided the opening is
contiguous and fully open from floor to ceiling, with an allowance for a railing of
Zr,t\ up to three feet in height.
KY
GRFA shall be calculated by measuring the total square footage ol a building as set
forth in Section 18.04.130 above. Excluded areas as set forth in subsection B. shall then be
deducted from the total square footage.
(Ord, 15 (1991) 51: Ord.37 (1990)51: Ord.41 (1982)S 1A: Ord.37(1980) S 1(part).)
-EDITOR'S NOTE: The provisions of this section shall not be effective for any application
for development which has been submitted to the department of
community development, and accepted by the same, on or before July
1, 1991, unless agreed to by the applicant submitting the application
belore July 1, 1991.
III. STAFF ANALYSIS
Staff believes that the proposed changes will be benelicial for providing employee housing.
We believe that there are enough checks and balances within the Zoning Code that this
section will not be used to generate excess mass and bulk or excess units on any particular
site. The important points to understand include the following:
1. The common area can only be used for Type lll or Type lV employee housing
units.
2. These types of employee housing units are allowed only as conditional uses.
They are allowed in the following zone districts: Residential Cluster, Low
Density Multi-Family, Medium Density Multi-Family, High Density Multi-Family,
Public Accommodation, Commercial Core l, Commercial Core ll, Commercial
Gore lll, Gommercial Service Genter, Arterial Business District, Public Parking
District, Public Use District and Ski Base Recreation District. Andfrdet bb-
Though the ordinance will allow the use of common area as GRFA, it does not
allow any additional density for dwelling units on-site.
All other zoning standards will be in effecl. Standards tor height, site coverage,
setbacks, etc. could not be amended without a variance. More importantly' the
3.
4.
plicant will have to provide all parking required for the units on-site.
rf-tofrausroN
Staff believes that the proposed changes add flexibilig to the Zoning Code that will help
provide additional employee housing. We believe that it is a reasonable amount of flexibility
as all other zoning standards will still be in elfect and any proposal for this will be reviewed as
a conditional use. Based on the proposed language, staff recommends approval of the
requested code changes.
c:\pecvnemc\6hujay.523
6. A request for a conditional use permit for a Type ll Employee Housing Unit to be
located at 126 Forest RoadiLot 5, Block 7, VailVillage 1st Filing.
Applicant: Ron Byrne
Planner: Jim Curnutte TABLED TO MAY 23, 1994
Jeff Bowen made a motion to table this item to the May 23, 1994 PEC meeting with
Dalton Williams seconding the motion. A 6-0 vote tabled this item to May 23, 1994.
7. A request for a worksession to discuss revisions to the Zoning Code to allow for
common area to be used lor employee housing.
Applicant: Jay Peterson
Planner: Andy Knudtsen TABLED TO MAY 23, 1994
Jeff Bowen made a motion to table this item to the May 23, 1994 PEC meeting with
Dalton Williams seconding the motion. A 6-0 vote tabled this item to May 23, 1994.
8. A request for variances for locating GRFA in the front setback and for a wall height
variance to allow for a primary residence with a Type I EHU, to be constructed at 1828
Alpine Drive/Lot 16, VailVillage West 1st Filing.
Applicant: Peter and Susanne Apostol/Michael Sanner
Planner: Mike Mollica TABLED TO JUNE 27,1994
Jeff Bowen made a motion to table this item to the June 27,1994 PEC meeting with
Dafton Williams seconding the motion. A 6-0 vote tabled this item to June 27, 1994.
9. A request for a variance to allow for GRFA and a garage to be located in the front
setback and a wall height variance to allow lor a Primary residence with a Type I
Employee Housing Unit to be constructed at 1799 Sierra Trail/Lot 17, VailVillage West
1st Filing.
Applicant: George Plavec, represented by Erich Hill
Planner: M|KE MOII|CA TABLED INDEFINITELY
Jeff Bowen made a motion to table this item indefinitely with Dalton Williams seconding
the motion. A 6-0 vote tabled this item indefinitely.
10. A request for a worksession for a major amendment to the Glen Lyon SDD lo allow
for a revision to the master plan to allow lor the expansion of the Glen Lyon Office
Building located at 1000 South Frontage Road WesVArea D, Glen Lyon SDD.
Applicant: Pierce, Segerberg and Associates
Planner: Andy Knudtsen TABLED INDEFINITELY
Plenning 8nd Environmonrel Commission Mindes
May 9, 1994
8.
7. A request for an amendment to Section 'l 8.57 of the Town of Vail Municipal Code,
Employee Housing, to allow for common area to be used for employee housing.
Applicant: Jay Peterson
Planner: Andy Knudtsen TABLED TO JUNE 13, 1994
Jetf Bowen made a motion to table this request to the June |3, 1994 PEC meeting
with Dalton Williams seconding the motion. A 7-0 vote tabled this item to the June 13,
1994 PEC Meeting.
A request for variances for locating GRFA in the front setback and for a wall height
variance to allow for a primary residence with a Type I EHU, to be constructed at 1828
Alpine Drive/Lot 16, Vail Village West 1st Filing.
Applicant: Peter and Susanne Apostol/Michael Sanner
Planner: Mike Mollica TABLED TO JUNE 27,1994
Je{f Bowen made a motion to table this request to the June 27,1994 PEC meeting
with Dalton Williams seconding the motion. A 7-0 vote tabled this ilem to the June 27,
1994 PEC Meeting.
A request for a variance from Section 18.57.040 (8,6) requiring a minimum of 50% of
the required parking to be enclosed and Section 18.52.080(A) requiring parking to be
located on-site to allow for an existing secondary dwelling unit to be deed restricted as
a Type I Employee Housing Unit, located at 2635 Larkspur/Lot 2, Block 2, Vail
Intermountain.
Applicant: Greg Amsden
Planner: Mike Mollica TABLED INDEFINITELY
Jeff Bowen made a molion to table this request indefinitely with Dalton Williams
seconding the motion. A 7-0 vote tabled this item indefinitely.
10. A request for a conditional use permit for a Type ll Employee Housing Unit to be
located at 126 Forest Road/Lot 5, Block 7, Vail Village 1st Filing.
Applicant: Ron Byrne
Planner: Jim Curnutte TABLED INDEFINITELY
Jeff Bowen made a motion lo table this request indefinitely with Dalton Williams
seconding the motion. A 7-0 vote tabled this item indefinitely.
Plannlng !nd Envlronment!l Commlt!lon
Mry 23, 1990
F ['r- [ f;0Pld
10.
L A request for an amendment to
Employee Housing, to allow for common area to used for employee housing.
Applicant: Jay Peterson
Planner: Andy Knudtsen TABLED TO JUNE 27,1994
Jelf Bowen made a motion to table this request until June 27,1994. Dalton Williams
seconded the motion and a 7-0 vote tabled this item to the June 27, 1994 PEC
meeting.
A request for a front setback and wall height variances to allow for additions to an
existing Primary/Secondary residence located at 226 Forest Boad/Lot 1 1-A, Block 7,
Vail Village 1st Filing.
Applicant: John Krediet
Planner: Randy Stouder TABLED TO JUNE 27,1994
Jelf Bowen made a motion to table this request untilJune 27,1994. Dalton Williams
seconded the motion and a 7-0 vote tabled this item to the June 27, 1994 PEC
meeting.
Selection of Chairperson and Vice Chairperson for the PEC.
Bob Armour nominated Kathy Langenwalter to be selected as Chairperson. Dalton
Williams seconded this nomination. A 7-0 vote selected Kathy Langenwalter as the
PEC Chairperson.
Bill Anderson nominated Greg Amsden to be selected as Chairperson. Jetf Bowen
seconded this nomination. A 7-0 vote selected Greg Amsden as the PEC Vice
Chairperson.
Approve minutes from May 23, 1994 PEG meeting.
Jeff Bowen made a motion to approve the minutes from the May 23, 1994 PEC
meeting with Bill Anderson seconding the motion. A 7-0 vote approved the minutes
irom the May 23, 1994 PEC meeting.
Plmnhg rnd Envlronmontsl Commildon
June t3,1994
11.
12.
11
ORDINANCE NO. 14,
Series ol 1994
AN ORDINANCE AMENDING CHAPTER 18.57, EMPLOYEE HOUSING, AND SETTING
FORTH DETAILS IN REGABD THERETO.
WHEBEAS, THE TOWN OF VAIL'S ECONOMY IS LARGELY TOUBIST BASED AND
THE HEALTH OF THIS ECONOMY IS BASED ON EXEMPLARY SERVICE FOR VAIL'S
GUESTS, AND;
WHEREAS, VAIL'S ABILITY TO PROVIDE SUCH SEHVICESDEPENDENT UPON A
STRONG, HIGH OUALIW AND CONSISTENTLY AVAILABLE WORK FORCE. ANO:
WHEREAS. THE AVAILABILTY OF HOUSING PLAYS A CRITICAL ROLE IN
TING OUALITY LIVING AND WORKING CONDITIONS FOR THE COMMUNIW'S
FORCE. AND:
WI-IIREAS, THE TOWN COUNCIL BELIEVES THAT THE FOLLOWING
WILL MAKE THE EXISTING EMPLOYEE HOUSING ORDINANCE MORE
WHEREAS, IN ACCORDANCE WITH SECTION 18,66.140. THE PLANNING ANO
ENVIRONMENTAL COMMISSION HAD A PUBLIC HEARING ON THE PBOPOSED ZONING
AMENDMENT AND HAS SUBMITTED ITS RECOMMENDATION TO THE TOWN COUNCIL.
, THEREFORE. BE IT OBDAINEO BY THE TOWN COUNCIL OF THE TOWN
ADO THAT:
Sectio-n 1
1,f{
b 195L20 - Emoloyee housinq units (EHU) qeneratty.
A. A chart(2) anached to this chapter and incorporaled herein by reterence
illustrates lhe requirements lor each type of EHU.
B. No employee housing unit which is constructed in accordance with this chapler
shall be subdivided or divided into any form of lime shares, interval ownerships, or
traclional fee.
C. All types of EHU'S fnay shall be leased, b{rl+f,ly to tenants who are full-time
employees who work in Eagle County. An EHU shall not be leased lor a period less
than lhirty consecutive days. For the purposes of this section, a tull.time employee is
one who works an average €+€+ FiFnu+R of lhirty hours each week.
1. A Type I EHU may be sold, lranslened, or conveyed separatety trom
any single-farnily or two{amily dwelling it may be a part ol so long as it meets
lhe conditions set forth in Section 18.57.040 8, 5 of this chaptef.
2. A Type ll EHU shall.not be sold, lransterred or conveyed separately
trom lhe single-family or two{amily dwelling is located within or attached to.
3. A Typ€ lll EHU may bE sold, lransferred, or conveyed separalely from
other dwelling units or employee housing unitg lhat may bs located on the.
same lot or within the same building in which lhe Type lll EHU is located so
lono as it meels the conclition set torlh in Section 18.57.060 B, 11 of this
chapter.
' 4. A Type lV EHU sha.ll not be sold, tr?sfened, or conveyed separately
t
lrom other dwelling units or employee housir! units lhat may be localed on the
shall submit two copies of a report on a lorm to
Development Depanment, to rne Comm#fi f DeDartment ol the Town ol
+r. .i lr
Vail and Chairman ot the Town of Vail frotllng eurno1ry
F. No property conlaining an EHU shatt exceed lfe GRFA oermitted in
Title 1g excepl as provided in Sections 18.57.040 84. 18.57 85 or 18.57.080 83 of
lhrs cha,oler.
G. All trash lacilities shall be enclosed.
H. All surtace parking shall be screened by landscaping or berms as per Design
Review Guidelines, Section 18.54.050 D3.
l. Any applicant who applies lor a condilional use permit lor the purpose of
constructing employee housing, shall not be reguired to pay a conditional use
p€rmit application fee.
J. The provisions set lorth in Section 18.57.020, €€S€ecfiens+€rJ)r€€{r€
€hall be incorporaled into a written agreemenl 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 lhe Town of Vail.. Said agreemenl shall be recorded at the county
clerk and recorder otfice prior to the issuance ol a building permit tor the construction
ol an EHU.
K. Each EHU shall have its own enlrance. There shall be no inlerior access from
any EHU to any dwelling unit it may be attached to.
L. The owner ol each EHU shau rent he unit d a monlhly rental rate consistenl
with or lower thsn those market rales preval€nl for similar prop€rties in fie Town of
Vail.
M. The Town ol Vail Housing Authority will delermine the market rate based on the
study of olher units ol comparable siz€, location, quality and amenities lhroughout the
Town. The market rale shall b€ based on an average ot a minimum of five rental rates
of comparable units. It lhe unit is nol rent€d and is nol availabb at the market rate it
shall be determined to b€ in noncompliance. ln addlfionr to any othar psnalties and
restrictlons provlded hereln, a unlt ,ound lo be In noncompllanc€ shall be
sublect to publication as determlned by lh6 Houslng Authorlty,
Nolr: lh! grirvblonr ot thlr r.crtm rhdl nol ?pty |o ]ly .pp c|tron
lo, .o EHU fhkh h.. b.dt .ubmht d to th! O.p.nD.it ol Conmudty O.vaaoprn nt, rtd..aapt.d by Ut
r!nE. on of b.torc July 19, t99a, th. drtr ol tacond r.|dlng,
Section 2
Section 18.57.050 Tyoe - Emplovee housino unit.
A. Purpose. To allow lor lhe construclion of an EHU on lots in the single.family,
two-lamily. and primary/secondary zone districts which meet the minimum lol size
requirements lor said zone districls.
B. General conditions:
It shall be a conditional use in lhe single-lamity residential, two.lamity
residential and primary/secondary residential zone districts.
2. lt shall be permitted only on lots which comply with the minimum lot size
requirements for total lot arAa of lhe zone district in which the lot is located.
3. lt shall be located within, or attached to, a singl+{amily clwelling or be located
within, or atlached to, a two{amily dwelling pursuanl lo Seclion 18.54.0401 - design
guidelines duplex and primary/secondary development. ll may also be locaied in, or
attached to, an existir€ garage provided the garage is not located within any setback,
and lurther provided that no existing parking required by the Town ot Vail Municipal
Code is reduced or eliminaled.
4. lt shall not be counted as a dwelling unit for the purposes of catcutating density.
However, it shall contain kilchen facililies and a bathroom; as detined in Chapter 18.04
- Detinitions ol the Vail Municipal Code. lt shall be permitted to be a third dvelling
unil in addition to the two dwelling unils which may already exist on lhe lol. Only one
Type ll EHU shall be allowed per lol.
5. lt shall have a GRFA nol less han three hundred square teet, nor more lhan
nine hundred square feet. An applicant, however, shall be permitted to apply lo the
Community Development Department of lhe Town of Vail for additional GRFA not to
exceed live hundred square feet to be used in the conslruclion of the EHU. The
applicant shall submit an applicalion tor the acbitional GRFA on a torm provided by the
Community Developmenl Department. Approval or denial ot the request shall be made
by the Design Review Board in accordance wilh Section 18.54.040. lf an applicant
obtains Oesign Review Board approvat lor live iundred .qrlr",i""t of additionat GRFA
---:d{..
tor the EHU. he.or she shall nol be entitled lo receive addjtional'GFFA pursuant to
Chapter 18.71 - Additional Gross Residential Floor Area of this code for either unit on
the lot. lf an applicanl obtains Design Review Board approval for not more than two
hundred lifty square leel of additional GRFA lor the EHU, he or she shall be entitled to
receive additional GRFA pursuant to Chapter 18.71 - Additional Gross Residential
Floor Area ol this code lor one dwelling unit on the lot.
6. lt shall have nol mors than two bedrooms.
7. No more lhan two adults and one child not older than sineen years ol age
shall reside in a one-bedroom Type ll EHU. No more than tvro adutts and tyvo
children not older than sixteen years ot age shall reside in a two-bedroom Type
II EHU.
8. Each Type ll EHU shall be required to have no less lhan one parking space lor
each bedroom localed therein. Horvever, it a one bedroom Type lt EHU exceeds six
hundred square leel, it shall have lwo parking spaces. All parking spaces required by
this code shall be located on the same lot or site as lhe EHU. It no d\ relting exists
upon the property whbh is proposed for a Type ll EHU at the lime a building permit is
issued, or it an existing dwelling is to be demolished and replaced by a new ctwelling,
nol less than one ot lhe parking spaces requked by this subsection shall be enclosed.
A three hundred square leel GRFA credit shall be allowed lor the construction ol one
enclosed parking space for the Type ll EHU.
Section 3
lf any parl, section, subsectionr sontence, clausB or phrase ol this ordinance is for any
rsason h€ld lo be invalid. such decision shall not €lfoct th€ validity ol he remaining portions ol
this ordinance; and the Town council hereby d€clares il would havE passed this ordinance,
and each parl, section, subseclion, sentonce, clause or phrase lher6ot, regardless of the tacl
thal any one or more parts, sections, subseclions, senlences, clauses or phrases be declared
invalid.
Section 4
The Town Council hereby linds, determines and declares that this ordinance is
necessary and proper lor the heatth, satety and weltare of the Town of Vail and the
inhabitanls thereof.
Section 5
The repeal or the repear and reenaclmenl of any provision of the vail Municipal code
as provided in this ordinance shall not aflect any right which has accrued, any duty imposed.
any violalion that occurred pfior to the efiective date hereol, any prosecution commenced, nor
any other action or proceeding as commenced under of by virtue of the provision repealecl or
repealed and reenactect. The repeal ol any provision hereby shall not revivg any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
Seclion 6
All bylaws, orders, resolutions and ordinances, or parls thereol inconsislenl herewith
are repealed to lhe extent only of such inconsistency. This repealer shall not be construed lo
revise any bylaw, order, resolution or ordinance, or part thereof, lheretotore repealed-
INTRODUCED, READ ON FIRST READING, APPROVED ANO ORDERED
PUBLISHED ONCE lN FULL, this _ day of .. . 1994. A pubtic hearing shail be
held hereon on lhe _ day ol ____- 1994, at the regular meeting ot.the Town
Council of lhe Town ot Vail, Colorado, in the Municipal Building ol the Town.
Margarel A. Oslerloss, Mayor
ATTEST:
Holly McCutcheon, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this _ day of
-
1994.
Margarel A. Ostedoss, Mayor
ATTEST:
Hollv Mccutcheon. Town Clerk
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TO:
FFOM:
DATE:
SUBJECT:
MEMOBANDUM
Planning and Environmenlal Commission
Community Development Department
June 13. 1994
A request for amendments to Section 18.57, Employee
forth requirements for renting Employee Housing Units
details in regard thereto.
Housing, to set
and setting lorth
Applicant:
Planner:
Town of Vail
Andy Knudtsen
I. DESCBIPTION OF THE REOUEST
In conversations with Town Council and Housing Authority recenlly, Town slafi determined
lhat there were a few minor changes thal could be made lo lhe employee housing ordinance
lo make il more effective. These include requiring that all employee housing uniti shall be
rented and requiring that the rental rate be comparable to the market rate. The proposed lext
below has been changed as discussed in the worksession with the planning and
Environmental Commission (PEC) on May 16, 1994. There is also a clarification in the codepertaining to Type ll EHU's, which has also been included.
II. PROPOSED CODE CHANGES
Below is one seclion from lhe ordinance showing the proposed changes. The new text is
shown in shade. The text that is proposed to be deleted is shown in everr€g.il€i.
18.57.020 Employee housing units (EHU) generaily.
A. A chart(2) attached to this chapter and incorporaled herein by relerence illustrates the
requirements lor each type of EHU.
B' No employee housing unit which is constructed in accordance with this chapter shall. be subdivided or divided inlo any form ol time shares, interval ownerships, or fractional
fee.
c. All types of EHU's may shall be teasesbu{+ty to tenants who are full-time
employees who work in Eagle County. An EHU shall not be leased for a period less
than thirty conseculive days. For the purposes of this section, a full-time employee is
one who works an average of thirty hours each week.
1. A Type I EHU may be sold, transfered, or conveyed separately from any
single-family or two{amily dwelling it may be a part of so long as it meets the
conditions set forth in Section 18.57.040 B, 5 of this chapter.
2. A Type ll EHU shall not be sold, transferred or conveyed separately from the
single-family or two{amily dwelling is located within or attached to.
3. A Type lll EHU may be sold, transferred, or conveyed separately from other
dwelling units or employee housing units that may be located on the same lot
or within the same building in which the Type lll EHU is located so long as it .
meets the condition set forth in Section 18.57.060 B, 11 of this chapter.
4. A Type lV EHU shall not be sold, transfened, or conveyed separately from
other dwelling unils or employee housing units that may be located on thei same lot or within the same building in which the Type lV EHU is located.
:
, - 5. A Type V EHU shall not be sold, transferred or conveyed separately from the
single-family dwelling it may be located within or attached to.
D. Reserved. -
E. No later than FebruarI ol each year, the owner of each employee housing unit within
the lown which is constructed following the etfective date of this chapter shall submit
two copies of a report on a form to be obtained from the Community Development
Department, to the Community Development Department of the Town of Vail and
Chairman of the Town of Vail Housing Authority setting forth evidence establishing that
the employee housing unit has been rented throughout lhe year, the rental rate, and
that each tenant who resides within {heii: the employeee housing unit is a lull-time
employee of Eagle County.
F. No property containing an EHU shall exceed lhe maximum GRFA permitted in Title 18
except as provided in Sections 18.57,040 84, 18.57.050 85 or 18.57.080 83 of this
chapter.
G. All trash facilities shall be enclosed.
H. All surface parking shall be screened by landscaping or berms as per Design Review
Guidelines, Section 18.54.050 D3.
L Any applicant who applies for a conditional use permit for the purpose of constructing
employee housing, shall not be required to pay a conditional use permit application
fee.
The provisions set forth in Section 18.57.020, subsections B, C, D, and E shall be
incorporated into a wrinen agreement in a form approved by the town attorney which
shall run with the land and shall not be amended or terminaled without the written
approval of the Town of Vail. said agreement shall be recordedat the county clerk
and recorder oflice prior to the issuance of a building permit for the construction of an
EHU.
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.
M. The Town of Vail Housing Authority witl determine the market rate based on the study
of other units ol comparable size, location, guality and arnenities throughout the Town.
The market rate shall be based on an average oi a minimum ol five rental rates of
comparable units. lf the unit is not rented and is not available at the market rate it
shall be determined to be in noncompliance
(Ord.27 (1992) SS 1-3:Ord. 8 (1992) S 4(part).)
III. CLARIF]CATION FOF TYPE II EHU'S
Section 18.57.050 Type ll - Employee housing unit.
A. Purpose. To allow for the construction of an EHU on lots in the single-lamily, two-
family, and primary/secondary zone districts which meet the minimum lol size
requirements for said zone districls.
B. General conditions:
It shall be a conditional use in the single{amily residenlial, two-family
residential and primary/secondary residential zone districts.
It shall be permilted only on lots which comply with the minimum lot size
requirements for total lot area of the zone district in which the lot is located.
It shall be located within. or attached to, a single-family dwelling or be located
within, or attached to, a two-lamily dwelling pursuant to section 19.54.0401 -
design guidelines duplex and primary/secondary development. lt may also be
localed in, or attached to, an existing garage provided the garage is not located
within any setback, and further providecrlhat no existing parking required by the
Town of Vail Municipal Code is reduced or eliminated.
J.
K.
L.
't.
2.
It shall not be counted as a dwelling unit lor the purposes of calculating density.
However, it shall contain kitchen lacililies and a bathroom; as delined in
Chapter 18.04 - Definitions ol the Vail MunicipalCode. lt shallbe permitted to
be a thirddwelling unit in addition lo the two dwelling unils which may already
exist on the lot. Only one Type ll EHU shall be allowed per lot.
It shall have a GRFA not less than three hundred square feet, nor more than
nine hundred squale feet. An applicant, however, shall be permitted to apply to
the Community Development Department of the.Town of Vail for additional
GRFA not to exceed Jive hundred square feet to be used in the construction ot
the EHU. The applicant shall submit an application for the additional GRFA on
a form provided by the Community Development Department. Approval or
denial of the request shall be made by lhe Design Fleview Board in accordance
with Section 18.54.040. lf an applicanl oblains Design Review Board approval
lor five hundred square feet of additional GRFA for the EHU, he or she shall
not be entitled to receive additional GRFA pursuant to Chapter 18.71 -
Additional Gross Residential Floor Area of this code for either unit on the lot. lf
an applicant obtains Design Review Board approval for not more lhan two
hundred fifty square feet of additional GRFA for the EHU, he or she-shall be
enlitled to receive additional GRFA pursuant lo Chapter 18.71-- Additional
Gross Residential Floor Area o{ this code for one dwelling unit on the lot.
It shall have not more than two bedrooms.
7, Ne mere lhan twe adCts and ene ehild net elder tha+€ixteen years ef age shall
reside in a ene bedreem Type ll EHU, lle mere than twe adslls anC t\ye
Jl.€t++
8. Each Type ll EHU shall be required lo have no less lhan one parking space for
each bedroom located therein. However, il a one bedroom Type ll EHU
exceeds six hundred square leet, it shall have two parking spaces. All parking
spaces required by lhis code shall be located on the same lot or sile as the
EHU. lf no dwelling exisls upon the property which is proposed for a Type ll
EHU at the time a building permit is issued, or if an existing dwelling is to be
demolished and replaced by a new dwelling, not less than one of the parking
spaces required by lhis subsection shall be enclosed. A three hundred square
feel GRFA credit shall be allowed lor the conslruction of one enclosed parking
space for the Type ll EHU.
(Ord. 8(1992) S 4(part).)
]V. STAFF RECOMMENDATION
Staff believes the proposed changes will make the Employee Housing Ordinance more
elfective. Because an effeclive ordinance will help the Town meet its Municipat Objectives,
stalt recommends approval.
c:'oec \rnemos\ehu.6l 3
,
FIL T COF'f
Bob Armour made a motion to approve this request for a conditional use permit to
allow for an employee housing unit per the statt memo with Jeff Bowen seconding lhis
motion. A 7-0 vote approved this.item.
6. A request for an amendment lo Section 18.40, Speciat Development Districls, to
eliminate lhe use of the SDD in certain zone districts.
Applicant: Town of VailPlanner: Mike.Mollica
Mike Mollica briefly reviewed the request and stated that he could answer any
questions the PEC had concerning the proposed amendments.
Bob Armour made a motion to approve the requested amendment to Section 18.40,
Special Development Districls per the staff memo wilh Jefl Bowen seconding this
motion.
" Tom Braun staled that he did not understand whal was being gained as a resull ol the
proposed amendment lo Section 18.40. He felt that keeping the SDD as an option in
the zone dislricts is beneficial.
Mike Mollica stated lhat slaff would most likely perform an overhaul on the entire
section of the SDD code during the next six lo nine months.
Dalton Williams stated lhat he agreed with Tom's comment but he feels that the
amendment was the right thing to do.
Jeff Bowen seconded the motion and a 7-0 vote approved lhis item.
7. A request for amendments to section 18.s7, Employee Housing, to set forth
requirements for renting Emplo!'ee Housing Units and sening fohn details in regard
thereto.
Applicanl: Town of VailPlanner: Andy Knudtsen/Kristan pritz
Kristan Pritz made a presentation per the slaff memo.
Concerning llem M, Kalhy Langenwaller suggested that the last sentence should read"wilhin a market rate".
Jeff Bowen stated that he lelt the word "minimuin" should be removed from ltem C in
the last senlence.
Tom Braun stated that he would like to see ltem g on page 4 either eliminated or
modified so that the parking was not required lo be located on-site for an existing
nonconforming unit.
Ptrnning md Environrn nt l Canrnir.ign
Junr t!,100,1
Concerning ltem E, Dalton Williams stated that he would like to see the last senlence
in this item eliminated. He felt the wording was loo strong. He said that he would like
. the last senlence of ltem M reworded to: "lf the unit is not rented and is not available
at the markel rate, then it shall be'delermined to be in noncompliance."
Jeff Bowen stated that he still had a problem wilh ltem 7 on Page 4. He stated lhat
the maximum age of the child should be lowered and questioned why lhis paragraph
was necessary.
Kathy Langenwalter asked what the purpose of ltem 7 was.
Kristan PriE staled it was added by the Council during the review of the original
ordinance to address occupancy and the issue ol occupants having children.
The PEC reached a consensus thal ltem 7 on Page 4 should be deleted.
r. Kathy Langenwaller relerred the PEC back to the last senlence in llem E on Page 2 of
the statf memo. She felt this senlence was a compromise lo let people know what the
requiremenl was. - :
Krislan Pritz stated lhat the last senlence of ltem E would be incorporated into the
preceding sentence as: "... that the employee housing unit has been renled. throughout the year, the rental rate, and that each lenant who resides wilhin the
empioyee housing unit is a lull-time employee of Eagle County.'
Kathy Langenwalter reviewed the proposed changes wilh the PEC and staff.
Jeff Bowen made a motion to approve the proposal with the recommended changes:
ll(C) "an average of 30 hours each week.'/ll(E) Remove the last sentence and add, 'the rental rate, and that each "/lenant.,."
ll(M) "lf the unit is not rented and is not available at the markelrale.' ./
lll(7) Remove lhis paragraph../
Greg Amsden seconding the motion. A 7-0 vote approved this item.
8. A request for a conditional use permil to allow for a Type ll Employee Housing Unit
localed at 4030 Norlh Frontage Road East, #D/Lot 28, Pitkin Creek Mountain
Townhomes.
Applicant: Andrew M. Knudtsen
Planner: Jim curnutte TABLED TO JUNE 27,1994
Jelf Bowen made a motion 10 lable this request until June 27,1994. Dallon Williams
seconded the motion and a 7-0 vote tabled this ilem lo the June 27, 1994 PEC
meeting.
Pltnning .nd EnviroDrnont l Comrni!.ion
JuD. 13. l9ea 10
irc,oAIAr^h r I
Y."^:,''i",*,)*"*J,r *B$,:]:,=,UB;'^' Len6h
ttt L,. J,,.J i..t-,* Lp.--< 5. |dl ,Ol4
AN oRDTNANcE AMENDTNG cHAprER 18.57, EMplotaa
"ous][c,
nno-serrinct
+ Lr.* . r." L: ( j FORTH DETAILS lN REGARD THERETO.
WHEREAS, THE TOWN OF VAIL'S ECONOMY IS LARGELY TOURIST BASED AND
THE HEALTH OF THIS ECONOMY IS BASED ON EXEMPLARY SERVICE FOR VAIL'S
GUESTS. AND:
WHEREAS, VAIL'S ABILITY TO PROVIDE SUCH SERVICES DEPENDENT UPON A
STRONG, HIGH QUALITY AND CONSISTENTLY AVAILABLE WORK FORCE, AND;
WHEREAS, THE AVAILABILITY OF HOUSING PLAYS A CRITICAL ROLE IN
CREATING QUALIry LIVING AND WORKING CONDITIONS FOR THE COMMUNITY'S
WORK FORCE. AND:
WHEREAS, THE TOWN COUNCIL BELIEVES THAT THE FOLLOWING
AMENDMENTS WILL MAKE THE EXISTING EMPLOYEE HOUSING ORDINANCE MORE
EFFECTIVE, AND;
WHEREAS, IN ACCORDANCE WITH SECTION 18.66.140, THE PLANNING AND
ENVIRONMENTAL COMMISSION HAD A PUBLIC HEARING ON THE PROPOSED ZONING
AMENDMENT AND HAS SUBMITTED ITS RECOMMENDATION TO THE TOWN COUNCIL.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL. COLORADO THAT:
Section 1
Section 18.57.020 - Emplovee housinq units (EHU) qenerallv.
A. A chart(2) attached to this chapter and incorporated herein by reference
illustrates the requirements for each type of EHU.
B. No employee housing unit which is constructed in accordance with this chapter
shall be subdivided or divided into any form of time shares, interval ownerships, or
fractional fee.
C. All types of EHU's may shalf be leased, bu+€f,ly to tenants who are full{ime
employees who work in Eagle County. An EHU shall not be leased for a period less
than thirty consecutive days. For the purposes of this section, a full-time employee is
one who works an average of thirty hours each week.
1. A Type I EHU may be sold, transferred, or conveyed separately from
any single-family or two{amily dwelling it may be a part of so long as it meets
the conditions set lorth in Section 18.57.040 B, 5 of this chapter.
2. A Type ll EHU shall not be sold, transterred or conveyed separately
from the single-family or two{amily dwelling is located within or attached to.
3. A Type lll EHU may be sold, transferred, or conveyed separately from
other dwelling units or employee housing units that may be located on the
same lot or within the same building in which the Type lll EHU is located so
long as it meets the condition set forth in Section 18.57.060 B, 11 of this
chapter.
4. A Type lV EHU shall not be sold, transferred, or conveyed separately
lrom other dwelling units or employee housing units that may be located on the
same lot or within the same building in which the Type lV EHU is located.
5. A Type V EHU shall not be sold, transferred or conveyed separately
from the single-family dwelling it may be located within or attached to.
D. Reserved.
E. 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 copies of a report on a form to be obtained from the Community
Development Department, to the Community Development Department of the Town of
Vail and Ghairman of the Town ol Vail Housing Authority setting forth evidence
establishing that the 6rnpl0yoe housing unit ha$ been rented lhroUgh0ut th0 VFf,r, ttro
rental tatg, the Gmployor, and that each tenant who resides within their the employees
housing unit is a lull-time employee e+ in Eagle County.
F. No property containing an EHU shall exceed the maximum GRFA permitted in
Title 18 except as provided in Sections 18.57.040 84, 18.57.050 85 or 18.57.080 83 of
this chapter.
G. All trash lacilities shall be enclosed.
H. All surface parking shall be screened by landscaping or berms as per Design
Review Guidelines, Section 18.54.050 D3.
l. Any applicant who applies lor a conditional use permii for the purpose of
constructing employee housing, shall not be required to pay a conditional use
permit application fee.
J'Theprovisionssetfo(hinSection18.57.020'@
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 ol Vail. 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.
K. 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.
l-. The owner oJ each EH,U,:shall rent ihe:unit,::at a,mohthly,,rental iat6 con ist€nt
with or lower than, those rnarket, rales pr€v€lenf for sirnilar:properties irl the,,,Towr,l of
Vail.
M. TherTown,o,f,Veil Housing Authority will deterrnine, the ntarkel ,rale based:on:,the
study ol other units ol comparable size, location, quality and amenities throughout the
T.owni The,,rnarket rale,shall bE: based:oh an:,aveiag,E,0f:a:nrinim,um ol fiVeiiienlal!!]r,ates
o-f, compalable unritsi:, lf::the ,unit :is:::rlol rented and is, not availaFle at,lhe, rnarkdJ, rate,,,it
shall,,be dstsrmified t0 be in,noncompliance.,,,,,,!,n additlqn,,tg,,any:::othtEr nsnfiltiw,and
ie$-trlallons,,provJded,llli€l9lni:,a,uhit iaUnd to,,,b6,In noncomplhnce shdll be
sublec.t,: to, publ ication as determlned by, the! lJOUsin g, Aulhority.
dllorPs Holpi Tho lfioIlg|on3rol 0ils secl|on,ghllti n0!:lpply, lo dtl trdl$it|qt
torran:Eliu $ifsh hae blq! rubmlltodiito lh€ plparlmon! ot:q4!.rlmunlty roevirloFm+nlf aldigocppl€'d lns
s?!n.er txt O] t eltr€ ::Ju!y :::l9r I 9$li : th6 dlle of $cond,, r,oadfng'
Section 2
Section 18.57.050 Tvpe ll - Emplovee housinq unit.
A. Purpose. To allow for the construction of an EHU on lots in the single-lamily,
two-family, and primary/secondary zone districts which meet the minimum lot size
requirements for said zone districts.
B. General conditions:
'1. lt shall be a conditional use in the single{amily residential, two-family
residential and primary/secondary residential zone districts.
2. lt shall be permitted only on lots which comply with the minimum lot size
requirements for total tot area of the zone district in which the lot is located.
3. lt shall be located within, or attached to, a single{amily dwelling or be located
within, or attached to, a two{amily dwelling pursuant to Section 18.54.0401 - design
guidelines duplex and primary/secondary development. lt may also be located in, or
attached to, an existing garage provided the garage is not located wilhin any setback,
and further provided that no existing parking required by the Town of Vail Municipal
Code is reduced or eliminated.
4. lt shall not be counted as a dwelling unit for the purposes of calculating density.
However, it shall contain kitchen facilities and a bathroom; as defined in Chapter 18.04
- Definitions of the Vail Municipal Code. lt shall be permitted to be a third dwelling
unit in addition to the two dwelling units which may already exist on the lot. Only one
Type ll EHU shall be allowed per lot.
5. lt shall have a GRFA not less than three hundred square feet, nor more than
nine hundred square feet. An applicant, however, shall be permitted to apply to the
Community Development Department of the Town of Vail for additional GRFA not to
exceed five hundred square feet to be used in the construction of the EHU. The
applicant shall submit an application for the additional GRFA on a form provided by the
Community Development Department. Approval or denial of the request shall be made
by the Design Review Board in accordancewith Section 18.54.040. lf an applicant
obtains Design Review Board approval for five hundred square feet of additional GRFA
lor the EHU, he or she shall not be entitled to receive additional GRFA pursuant to
Chapter 18.71 - Additional Gross Residential Floor Area of this code for either unit on
the lol. ll an applicant obtains Design Beview Board approval for not more than two
hundred fifg square feet ol additional GRFA for the EHU, he or she shall be entitled to
receive additional GRFA pursuant to Chapter 18.71 - Additional Gross Residential
Floor Area ol this code for one dwelling unit on the lot.
6. lt shall have nol more than two bedrooms.
7. No more than two adults and one child not older than sixteen years ol age
shall reside in a one-bedroom Type ll EHU. No more than h|rto adulftl and two
children not older than sixteen years of age shall reside in a two-bedroom Type
II EHU.
8. Each Type ll EHU shall be required to have no less than one parking space for
each bedroom located therein. However, if a one bedroom Type ll EHU exceeds six
hundred square feet, it shall have two parking spaces. All parking spaces required by
this code shall be located on the same lot or site as the EHU. ll no dwelling exists
upon the property which is proposed for a Type ll EHU at the time a building permit is
issued, or if an existing dwelling is to be demolished and replaced by a new dwelling,
not less than one of the parking spaces required by this subsection shall be enclosed.
A three hundred square feet GRFA credit shall be allowed for the construction of one
enclosed parking space for the Type ll EHU.
Section 3
lf 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 4
The Town Council hereby finds, determines and declares that this ordinance is
necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 5
The repeal or the repeal and reenactment of any provision of the Vail Municipal 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 of by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
Section 6
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith
are repealed t0 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 lN FULL, this _ day of 1994. A public hearing shall be
held hereon on the _ day of 1994, at the regular meeting of the Town
Council of the Town ol Vail, Colorado, in the Municipal Building of the Town.
Margaret A. Osterfoss, Mayor
ATTEST:
Holly McCutcheon, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this _ day of _, 1994.
Margaret A. Osterfoss, Mayor
ATTEST:
Holly Mccutcheon, Town Clerk
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AN OROINANCE AMENDING CTIAPTER 18.57, ETIIPLOYEE HOUSING, ANO SETTING
FORTH DETAILS IN REGARD THERETO.
WHEREAS, THE TOWN OF VAIL'S ECONOMY IS LARGELY TOURIST BASED AND
THE HEALTH OF THIS ECONOMY IS BASED ON EXEMPLARY SEBVICE FOR VAIL'S
GUESTS, ANDI
WHEREAS, VAIL'S ABILIry TO PROVIDE SUCH SERVICES DEPENDENT UPON A
STRONG, HIGH QUALIW AND CONSISTENTLY AVAILABLE WORK FORCE. AND:
WHEBEAS, THE AVAILABILITY OF HOUSING PLAYS A CRITICAL ROLE IN
CREATING QUALIry LIVING AND WORKING CONDITIONS FOR THE COMMUNITY'S
WORK FORCE. AND:
WHEREAS. THE TOWN COUNCIL BELIEVES THAT THE FOTLOWING
AMENDMENTS WILL MAKE THE EXISTING EMPLOYEE HOUSING ORDINANCE MORE
EFFECTIVE, ANO;
WHEREAS, IN ACCORDANCE WITH SECTION 18.66.140, THE PLANNING AND
ENVIRONMENTAL COMMISSION HAD A PUBLIC HEARING ON THE PROPOSED ZONING
AMENDMENT ANO HAS SUBMITTED ITS RECOMMENDATION TO THE TOWN COUNCIL,
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL. COLORADO THAT:
Section 1
Section 18.57.020 - Emolovee housino units (EHU) oenerallv.
A. A chart(2) attached to this chapter and incorporaled herein by reference
illustrates the requirements for each type of EHU.
B. No employee housing unil which is constructed in accordance with this chapter
shall be subdivided or divided into any form of time shares, interval ownerships, or
fractional lee.
C. All types ol EHU's mey shall be leased, bct€€ly to tenanb who are lull-time
employees who work in Eagle County. An EHU shall not be leased for a period less
than thirty consecutive days. For the purposes of this seclion, a full-time employee is
one who works an average s{-+Riflimsm of thirty hours each week.
1. A Type I EHU may be sold, transferred, or conveyed separately from
any singlejarnily or two{amily dwelling it may be a part ot so long as it meets
the conditions set forth in Section 18.57.040 B. 5 of this chaot€r.
2. A Type ll EHU shall not be sold, transfErred or conveyed separately
lrom the single-family or two{amily dwelling is located within or attached to.
3. A Typ6 lll EHU may be sold, translerred, or conveyed separately from
oth€r dwelling units or smploysE housing units that may b€ locatEd on the.
same lot or within the same building in which th€ Type lll EHU is located so
long as it meets the condition set lorlh in Section 18.57.060 B, 1 l of this
chapter.
4. A Type lV EHU shall not be sold, transfened, or conveyed s€parately
trom other dwelling unils or Employe€ housing uniis that may bo local€d on th€
same lot or within lh€ same building in which th€ Type lV EHU is localed.
5. A Type V EHU shall not be sold, transferr€d or conveyed sepaftrtely
trom the singlelamily dwelling it may be located within or anached to.
D. Reserved.
E. No laler than February 1 of each year, the own6r of each employee housing
unil within the town which is construcled following the effective date ol tfiis chapter
shall submit lwo copies of a report on a form to be oblained trom the Community
Development Department, to the Community Developmont Oepartment of the Town ol
Vail and Chairman ot the Town of Vail Housing Authority setting forth evidence
establishing that the employoe housing unit nai been rented throughout the y6ar, the
rental rale, thg employor, and thal each tenanl who resides within lheir he employees
housing unit is a full-time employee e{ in Eagle County.
F. No property containing an EHU shall exceed the m€uimum GRFA permitted in
Title 18 except as provided in Sections 18.57.OO 84, 18.57.050 85 or 18.57.080 83 ol
this chapter.
G. All trash facilities shall be enclosed.
H. All surface parking shall be screen€d by landscaping or berms as per Design
Review Guidelines, Section 18.54.050 D3.
l. Any applicanl who applies for a conditional use permil for the purpose of
constructing employee housing, shall not be requir€d to pay a conditional use
permit application fee.
J. The provisions set forth in Section 18.57.020, €ubs€etien€lrcr0r€fft5
ehall be incorporaled into a written agreement in a lorm approved by the town attomey
which shall run with the land and shall not be amended or terminated without the
writlen approval of the Town of vajl. said agre€ment shall b€ recorded at the county
clerk and r€corder office prior to the issuance ot a building permit for the construction
of an EHU.
K. 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.
L. The (Mner ot eacfi EHU shall rent lhs unit al a monthly rental rate cqlslsFnt
with or lower than those market rates prevalent tor similar prop€rties in tfie Town ol
Vail.
M- The Town ol Vail Housing Arthority will determine the markot rate based on the
study of othsr units ot comparable size, location, quality and amenities hroughoul the
Town. The market rat€ shall be based on an average ot a minimum ol fivo rental rates
ol comparable units. lt lh€ unit is not r€nt€d and is not available at th€ market rate it
shall be determined to b6 in noncompliance. ln addltion, to any othor pensltbg and
restrlctlons provlded hereln, a unll tound to b€ ln nonoompllance shrll be
sublecl to publicatlon as determlnod by the Houshg Authorlty.
Erltor,3 ttr: Tha pfoyblofir ot thlr 3cdm rh- nor ?gU !o att +flfortoo
lor r| EHU yrl ch hlr b.dl .obmlrbd to thr lragrnrsrt ol Commtnlty D.v.lopm.nt 'rd lccadad by fia
t||m, m or belota Jury le, 109'1, thr d.t. ol r.cond rrdlng,
Section 2
Section 18.57.050 Tvpe ll - Emplovee housino unit.
A. Purpose. To allow for the construction of an EHU on lots in the single{amily,
twojamily, and primaryisecondary zone districts which meet the minimum lol size
requirements for said zone dislricts.
B. General condilions:
It shall be a conditional use in the single-family residential, two-family
residential and primary/secondary residential zone districts.
2. lt shall be permitted only on lots which comply with lhe minimum lot size
requirements for total lot area of lhe zone district in which the lot is located.
3. lt shall be located within, or attached to, a single{amily dwelling or be located
within, or attached to, a twojamily dwelling pursuant to Section 18.54.0401 - design
guidelines duplex and primary/secondary development. lt may also be localed in, or
atlached to, an existing garage provided the garage is not located within any setback,
and turther provided that no existing parking required by the Town ol Vail Municipal
Code is reduced or eliminaled.
4. lt shall not be counted as a dwelling unit tor the purposes of calculating density.
However, it shall contain kitchen facilities and a bathroom; as defined in Chapter 18.04
- Definitions of the Vail Municipal Code. lt shall be permitted to be a third dwelling
unit in addition to the two dwelling units which may already exisl on the lot. Only one
Type ll EHU shall be allowed per lot.
5. lt shall have a GRFA not less than three hundred square feet, nor more than
nine hundred square leet. An applicant, however, shall be permitted to apply to the
Community Development Department ot the Town of Vail lor additional GRFA not to
exceed five hundred square leet to be used in the construclion ol the EHU. The
applicant shall submit an application for the additional GRFA on a lorm provided by the
community Development Department. Approval or denial ol the request shall be made
by the Design Review Board in accordance with Section 18.54.040. lf an applicant
obtains Design Review Board approval for live hundred square feet of addilional GRFA
lor the EHU. he or she shall not be entitled to receive additional GRFA pursuanl to
Chapter 18.71 - Additional Gross Residential Floor Area of this code lor either unil on
the lot. ll an applicant obtains Design Review Board approval for not more than two
hundred fifty square feet ol additional GRFA for the EHU, he or she shall be entitled to
receive additional GRFA pursuant to Chapter 18.71 - Additional Gross Residsntial
Floor Area of this code for one dwelling unit on the lot.
6. lt shall have not more than two bedrooms.
7. No more lhan two adults and one child not older than sixteen years of age
shall reside in a one-bedroom Type ll EHU. No more than two adults and two
children not older than sixteen years ol age shalt reside in a two-bedroom Type
II EHU.
8. Each Type ll EHU shall be required to have no less than one parking space for
aach bedroom localed therein. However, if a one bedroom Type ll EHU exceeds six
hundred square leel, it shall have two parking spaces. All parking spaces required by
this code shall bs localed on the same lot or site as the EHU. It no chvelling exists
upon the properfy which is proposed for a Type ll EHU at th€ time a building permit is
issued, or il an existing dw€lling is to be demolished and replaced by a new dwelling,
not less lhan one ol the parking spaces required by this subsection shall be enclosed.
A three hundred squarE feet GRFA credit shall be allowed for the construclion of one
enclosed pa.king space tor the Type ll EHU.
Section 3
lf any part, s€ction, subs€ction, s€ntence, clause or phrass of this ordinanc€ is for any
reason hsld to be invalid, such d€cision shall not €ffect thE validily of the romaining portions ot
this ordinance: and the Town Council horeby d€clares it would have passed this ordinance,
and each part, section, subs€ction, sentence, clause or phrase theroof, regardless of the lact
that any one or more parts, s€ctions, subsections, sentences, clausos or phras€s be declared
invalid.
Section 4
The Town Council hereby finds, determines and declar€s that this ordinance is
necessary and proper tor the health, satety and welfare of the Town of Vail and the
inhabitants thereof.
Section 5
The repeal or the repeal and reenactmenl of any provision of the Vail Municipal Code
as provided in this ordinance shall not atfect any right which has accrued, any duty imposed,
any violation that occurred prior to the etlective date hereof, any prosecution commgnced, nor
any other action or proceeding as commenced under ol by virtue ol ths provision repealed or
repealed and reenacted. The repeal of any provision h€reby shall nol revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
Section 6
All by,lauts, orderB, to3olulions and o.dinanc€s, or peds th€reot, inconsbtent herBwith
arc repealod to the sxtent only of sudr inconsisterrcl. Thb rapealer shall not bo constru€d to
revise any bylaw, order, resolulion or ordinanco, or part thoreol, thoretotore r€p€al6d.
INTRODUCED, READ ON FIRST READING, APPROVEO AND ORDERED
PUBLISHED ONCE lN FULL, this _ day of . . 1994. A public heartrg stratt be
held horoon on the _ day of ,| 994, at ho r€gutar mo€ting ot tho Town
Courcil of tho Town of Vait, Colorado, in the Municipal Buildlng ot the Town.
Margaret A. Ost6rlos6, iiliryor
ATTEST:
Holly McCubhoon, Town Clerk
READ ANO APPFOVED ON SECOND READING AND ORDERED PUBLISHED
0ris _ <lay of
-
1994.
Margar€t A. Osto oss, Mayor
ATTEST:
Holly Mccubheon, Town Clork
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TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
June 13. 1994
A request for amendments to Section 'l 8.57, Employee
lorth requirements for renting Employee Housing Units
details in regard therelo.
Housing, to set
and setting forth
Applicant:
Planner:
Town of Vail
Andy Knudtsen
I. DESCR]PTION OF THE REQUEST
In conversations with Town Council and Housing Authority recently, Town staff determined
that there were a few minor changes that could be made to the employee housing ordinance
to make it more elfective. These include requiring that all employee housing units shall be
rented and requiring that the rental rate be comparable to the market rate. The proposed text
below has been changed as discussed in the worksession with the Planning and
Environmenlal Commission (PEC) on May 16, 1994. There is also a clarification in the code
pertaining to Type ll EHU's, which has also been included.
II. PROPOSED CODE CHANGES
Below is one section from the ordinance showing the proposed changes. The new text is
shown in shade. The text that is proposed to be deleted is shown in €v€+s&i*€.
18.57.020 Employee housing units (EHU) generally.
A. A chart(2) attached to this chapter and incorporated herein by reference illustrates the
requiremenls for each type of EHU.
B. No employee housing unil which is constructed in accordance with this chapter shall
be subdivided or divided into any form of time shares, interval ownerships, or fractional
lee.
C. All types of EHU's mey shall be leased;-btr{+Cy to lenants who are full-time
employees who work in Eagle County. An EHU shall not be leased lor a period less
than thirty consecutive days. For the purposes of thls section, a full-time employee is
one who works an average el a minirnurn of thirty hours each week.
*
o
1. A Type I EHU may be sold, translened, or conveyed separately from any
single-family or twojamily dwelling it may be a part of so long as it meets the
conditions set forth in Section 18.57.040 B,5 of this chapter.
2. A Type ll EHU shall not be sold, transferred or conveyed separately lrom the
single-family or two-family dwelling is located within or attached to.
3. A Type lll EHU may be sold, transferred, or conveyed separately from other
dwelling units or employee housing units that may be located on the same lot
or within the same building in which the Type lll EHU is located so long as it
meels the condition set forth in Section 18.57.060 B, 1'l of this chapter.
4. A Type lV EHU shall not be sold, transferred, or conveyed separately from
other dwelling units or employee housing units that may be located on the
same lot or within lhe same building in which the Type lV EHU is located.
5. A Type V EHU shall not be sold, transferred or conveyed separately from the
single-lamily dwelling it may be located within or attached to.
D. Reserved.
E. 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 copies of a report on a form to be obtained lrom the Community Development
Department, to the Community Development Department of the Town of Vail and
Chairman of the Town ol Vail Housing Authority setting torth evidence establishing that
the employee housing unit has been rented throughout the year, the rental rate, and
that each lenant who resides wilhin {heir the employeee housing unit is a full-time
employee of Eagle County.
No property containing an EHU shall exceed the maximum GRFA permitted in Title 18
excepl as provided in Sections 18.57.040 84, 18.57.050 85 or 18.57.080 83 ol this
chapter.
All trash facilities shall be enclosed.
All surface parking shall be screened by landscaping or berms as per Design Review
Guidelines, Section 18.54.050 D3.
Any applicant who applies for a conditional use permit lor the purpose of constructing
employee housing, shall not be required to pay a conditional use permit application
fee.
F.
/:
H.
J. The provisions set forth in Section 18.57.020, subsections B, C, D, and E shallbe
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 of Vail. 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.
K. 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.
L. The owner of each EHU shall rent the unit at a monthly rental rate consistent with
those market rales prevalent for similar properties in the Town of Vail.
M. The Town of Vail Housing Authority will determine the market rate based on the study
of other units of comparable size, location, quality and amenities throughout the Town.
The market rate shall be based on an average of a minimum of five rental rates of
comparable units. lf the unit is not rented and is not available at the market rate it
shall be detennined to be in noncompliance.
(Ord.27 (1992)S$ 1-3: Ord.8 (1992)$ 4(part).)
III. CLARIFICATION FOR TYPE II EHU'S
Section 18.57.050 Type ll - Employee housing unit.
A. Purpose. To allow for the construction of an EHU on lots in the single-family, two-
family, and primary/secondary zone districts which meet the minimum lot size
requirements for said zone districts.
B. General conditions:
It shall be a conditional use in the single{amily residential, two-family
residential and primary/secondary residential zone districts.
It shall be permitted only on lols which comply with the minimum lot size
requirements lor total lot area of the zone district in which the lot is located.
It shall be located within, or attached to, a single-family dwelling or be located
wilhin, or attached to, a two{amily dwelling pursuant to Section 18.54.0401 -
design guidelines duplex and primary/secondary development. lt may also be
located in, or attached to, an existing garage provided the garage is not located
within any setback, and further provided that no existing parking required by the
Town of Vail Municioal Code is reduced or eliminated.
1t.
z.
It shall not be counted as a dwelling unit for the purposes of calculating density.
However, it shall contain kitchen facilities and a bathroom; as defined in
chapter 18.04 - Definitions of the vail Municipal code. lt shall be permitted to
be a third.dwelling unit in addition to the two dwelling unils which may already
exist on the lot. Only one Type ll EHU shall be allowed per lot.
It shall have a GRFA not less than three hundred square teet, nor more than
nine hundred square feet. An applicant, however, shall be permitted to apply to
the Community Development Department of the Town of Vail for additional
GRFA not to exceed five hundred square feet to be used in the construction of
the EHU. The applicant shall submit an application for the additional GRFA on
a form provided by the Community Development Depa(ment. Approval or
denial of the request shall be made by the Design Review Board in accordance
with Section 18.54.040. lf an applicant obtains Design Review Board approval
for five hundred square feet ol additional GRFA for the EHU, he or she shall
not be entitled to receive additional GRFA pursuant to Chapter 18.71 -
Additional Gross Residential Floor Area of this code for either unit on the lot. It
an applicant obtains Design Beview Board approval for not more than two
hundred fifty square feet ol additional GRFA for the EHU, he or she shall be
entitled to receive additional GRFA pursuant to Chapter 18.71-- Additional
Gross Residential Floor Area of this code for one dwelling unit on the lot.
It shall have not more than two bedrooms.
7,- Ne mere than twe adullE end ene €hild net elder than sixtsen y€ars ef ag€ shall
reside in a ene bedreem Type ll EHU, Ne mere than twe adulls and twe
ehildren net elder than sixteen years ef age shall reside in a t\rye bedreem Type
{LEI{U''.
8. Each Type ll EHU shall be required to have no less than one parklng space lor
each bedroom located therein. However, if a one bedroom Type ll EHU
exceeds six hundred square feet, it shall have two parking spaces. All parking
spaces required by this code shall be located on the same lot or sile as the
EHU. lf no dwelling exists upon the property which is proposed for a Type ll
EHU at the time a building permit is issued, or if an existing dwelling is to be
demolished and replaced by a new dwelling, not less than one of the parking
spaces required by this subsection shall be enclosed. A three hundred square
feet GRFA credit shall be allowed for the construction of one enclosed parking
space for the Type ll EHU.
(Ord. 8(1992) $ 4(part).)
IV. STAFF RECOMMENDATION
Staff believes the proposed changes will make the Employee Housing Ordinance more
effective. Because an elfective ordinance will help the Town meet its Municipal Objectives,
staff recommends approval.
c:\,pec\memos'€hu. 61 3
4.
o.
FII [ $0F t'
Bob Armour made a motion to approve this request for a conditional use permit to
allow for an employee housing unit per the staff memo wilh Jeff Bowen seconding this
motion. A 7-0 vote approved this item.
6. A request for an amendment lo Section 18.40, Special Development Districts, to
eliminate the use of the SDD in certain zone districts.
Applicant: Town of Vail
Planner: Mike Mollica
Mike Mollica briefly reviewed the request and stated that he could answer any
questions the PEC had concerning lhe proposed amendments.
Bob Armour made a motion to approve the requesled amendment to Section 18.40,
Special Development Districls per the stafl memo with Jetf Bowen seconding this
motion.
'. Tom Braun stated that he did not understand what was being gained as a result of the
proposed amendment to Section 18.40. He felt that keeping the SDD as an option in
the zone districts is beneficial.
Mike Mollica stated that statf would most likely perform an overhaul on the entire
section of the SDD code during lhe next six to nine monlhs.
Dalton Williams stated that he agreed with Tom's comment but he feels thal the
amendment was the right thing to do.
Jeff Bowen seconded the motion and a 7-0 vote approved this item.
7. A request for amendments to Section 18.57, Employee Housing, to set torth
requirements for renting Employ=ee Housing Units and setting fohh detaits in regard
thereto.
Applicant: Town of VailPlanner: Andy Knudtsen/Kristan Pritz
Kristan Pritz made a presentation per the staff memo.
Concerning ltem M, Kathy Langenwaller suggested that the last sentence should read
"within a market rate".
Jelf Bowen stated that he felt the word "minimum" should be removed from ltem C in
the last sentence.
Tom Braun stated that he would like to see ltem 8 on Page 4 either eliminated or
modified so that the parking was nol required lo be localed on-site for an existing
nonconforming unit.
Pl.nning lnd Envlronmcnt l Cornmi3lion
Jun.l3, 1994
Concerning ltem E, Dalton Williams slated that he would like to see lhe last sentence
in this item eliminated. He felt the wording was loo strong. He said that he would like
. the last sentence of ltem M reworded to: "ll the unit is not rented and is not available
at the market rate, then it shall be determined to be in noncompliance"'
Jeff Bowen stated that he still had a problem with ltem 7 on Page 4. He stated that
the maximum age of the child should be lowered and questioned why this paragraph
was necessary.
Kathy Langenwalter asked what the purpose of ltem 7 was.
Krislan Pritz stated it was added by the Council during lhe review of the original
ordinance to address occupancy and the issue ol occupants having children,
The PEC reached a consensus that ltem 7 on Page 4 should be deleted.
,. Kathy Langenwalter referred the PEC back to the last sentence in ltem E on Page 2 of
the stafl memo. She felt this sentence was a compromise to let people know what the
requirement was.
-
Krislan Pritz stated that the last sentence of ltem E would be incorporated into the
preceding sentence as: "... that the employee housing unit has been rented. throughout the year, the rental rate, and that each tenant who resides within the
employee housing unit is a full-time employee of Eagle County."
Kathy Langenwaller reviewed the proposed changes with the PEG and staff.
Jelf Bowen made a motion lo approve the proposalwith the recommended changes:
ll(C) "an average ol 30 hours each week.'/
ll(E) Remove the last senlence and add, 'the rental rate, and that each "/lenant..."
ll(M) "lf the unit is not rented and is not available at lhe market rale." /
lll(7) Remove lhis paragraph../
Greg Amsden seconding lhe motion. A 7-0 vote approved this item.
8. A request for a conditional use permit to allow for a Type ll Employee Housing Unit
located al 4030 Norlh Fronlage Road East, #D/Lot 28, Pitkin Creek Mountain
Townhomes,
Applicant: Andrew M. Knudtsen
Planner: Jim Curnutte TABLED TO JUNE 27,1994
Jeff Bowen made a motion to table this request until June 27,1994. Dalton Williams
seconded the motion and a 7-0 vote tabled this ilem to the June 27, 1994 PEC
meeling.
Plrnning and Environrn ntrl Comlnirrion
Junr t3. | 994 10
f /l,.Jr"I a-p,u'
OROINANCE NO. 14.
Seri€s of 1 994
2.&
V-+.''
S lt--,t- Z-a
s-o o-
AN ORDTNANCE AUENDING CHAPTER 18.57, EMPLOYEE HOUS|NG, AND SETTTNG
FORTH DETAILS IN REGARD THERETO.FtPsr
wHEREAS, THE TowN oF vAtL's EcoNoMy ts LARGELv rothtsr-gAseo nNo
THE HEALTH OF THIS ECONOMY IS BASED ON EXEMPLARY SEBVIC
GUESTS, AND;
WHEREAS, VAIL'S ABILIW TO PROVIDE SUCH SERVICES DEPENDENT UPON A
STRONG, HIGH QUALIry AND CONSISTENTLY AVAILABLE WORK FORCE. AND:
WHEREAS, THE AVAILABILIW OF HOUSING PLAYS A CRITICAL ROLE IN
CREATING QUALIW LIVING AND WORKING CONDITIONS FOR THE COMMUNITY'S
WORK FORCE, AND;
WHEREAS, THE TOWN COUNCIL BELIEVES THAT THE FOTLOWING
AMENDMENTS WILL MAKE THE EXISTING EMPLOYEE HOUSING ORDINANCE MORE
EFFECTIVE, AND:
WHEREAS, IN ACCORDANCE WITH SECTION 18.66.140, THE PLANNING AND
ENVIRONMENTAL COI4MISSION HAD A PUBLIC HEARING ON THE PROPOSED ZONING
AMENDMENT AND HAS SUBMITTED ITS RECOMMENDATION TO THE TOWN COUNCIL,
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
. Section 1
Section 18.57.020 - Emotovee housinq units (EHU) oenerallv.
A. A chart(2) attached to this chapter and incorporated herein by reference
illustrat€s lhe requiremenls lor each type ol EHU.
B. No employee housing unit which is constructed in accordance with this chapter
shall be subdivided or divided into any lorm of time shares, interval ownerships, or
lractional lee.
C. All types ol EHU'S may shall be leased;SufcCy to lenanls who are full-time
employees who work in Eagle County. An EHU shall not be leased for a period lgss
than lhirly conseculive days. For the purposes of this section, a full-time employee is
one who works an average €+{-mif,hus ol thirty hours each week.
lulcl
1. A Type I EHU may be sold, transferred, or conveyed separately from
any single{amily or twoJamily dwelling it may be a part of so long as il meets
the conditions sel forth in Section 18.57.040 B, 5 ot lhis chapter.
2. A Type ll EHU shall not be sotd, transferred or conveyed separatety
from the single-lamily or twojamily dwelling is located within or attached to.
3. A Type lll EHU may be sold, translerred, or conveyed separalely from
other dwelling units or employee housing units that may be located on the
same lol or within the same building in which the Type lll EHU is localed so
long as it meets lhe condilion set forth in Section 18.57.060 B, l l ol this
chaoter.
4. A Type lV EHU shall not be sold, transterred, or conveyed separately
from other dwelling units or employee housing unils lhat may be located on lhe
same lol or within the same building in which the Type lV EHU is located.
5. A Type V EHU shall not be sold, transferred or conveyed separately
kom the single-lamily dwelling it may be located within or attached to.
D. Reserved.
E. No later than February 1 of each year, the owner ot each employee housing
unit within the town which is constructed following the effective date of lhis chapter
shall submit two copies of a report on a lorm to be obtained from lhe Community
Developmenl Oepartment, to lhe Cornmunity Development Deparlment of the Town ol
Vail and Chairman of the Town of Vail Housing Authority sening lorth evidence.
establishing that the employee ig.USjnS unit has beon rsnted throughout the year, the
--.--rental rate,' and thal each tenant who resides within lh€ir the employees housing unit is
a tutt-time emptoyeeiffire counry.
F. No property containing ari EHU shall exceed the maximum GRFA permitted in
Title 18 except as provided in Sections 18.57.040 84, 18.57.050 85 or 19.57.080 83 ot
this chapter.
G. All trash facilities shall be enclosed.
H. All surlace parking shall be screened by landscaping or berms as per Design
Review Guidelines. Section 18.54.050 03.
l. Any applicant who applies lor a conditional use permit tor he purpose ol
constructing employee housing, shall not be required to pay a condilional use
p€rmit application fee.
J. The provisions set lorth in Section 18.57.020, subs€ctions B, C, D, and E shall
be incorporat€d into a vuritten agrg€ment in a form approved by lhe town attorn€y
which shall run with the land and shall not bs amended or terminated wilhout the
writlen approval of the Town ol Vail. Said agrsemenl shall be recordod at the county
clerk and recorder otfice prior lo he iisuance of a building permit tor the conslruclion
ot an EHU.
K. Each EHU shall have ils own entrancs. Thsre sha be no interior accsss lrom
any EHU to any dvvelling unit it may bs attached to. /. F
L. The own€r of oach EHU 8hail r€nt th6 unit at a monthly rontal rate4onsistent
i wiltlhosg market rat€s pr€vatent lor similar propertles in tfre Town ol Vall,
M. Th6 Town of Vall Houslng futhorlty wllt d€t€rmin€ thE mark€t rate basM on tho
study of olher unib of comparable 6lze, locatlon, quatity and amenltles throughout ths M
Town. The mafisl rato shall bs bas6d.on an avorage of a mlnimum of livo rontal ratos t
Section 2
Section 18.57.050 Tvp€ ll - Emoloyee housino unil.
A. Purpose. To allow for the construction ol an EHU on lots
two-family, and primary/secondary.zone districts which meet the
r€quirsments for said zone dislricts.
B. General condilions:
1. lt shall be a conditional use in the single-farnily residential, twoJamily
residential and primary/secondary r€sidential zone districts.
2. lt shall be permitted only on lots which comply with the minimum lot
requirements tor total lot area ol the zone district in u/hich the lot is
in the
mtntmum
v# p<1
-?or comparabfe units. lf he unit is not rsntod and ts not avattsbto av6marlriilGiffiT-- btfth t
rynco**ce.,@ \{ffi(|fi
^',1- . .,. -oor T$rnt
3. lt shall be localed within, or allached lo, a single-lamily dwelling or be located
within, or attached to, a two-lamily dwelling pursuant to Section 19.54.040t - design
guidelines duplex and primary/secondary development. lt may also be located in, or
attached to, an existing garage provided the garage is not located within any setback,
and further provided lhat no existing parking required by the Town of Vail Municipal
Code is reduced or eliminated.
4. lt shall not be counred as a dwelling unit for the purposes of calculating density.
However, it shall contain kitchen racilities and a bathroom; as delined in chapter 1g.04
- Definitions of the vail Municipal code. lt shall be permitted to be a third dwelling
unit in addition to the two dwelling units which may already exist on the lol. onty one
Type ll EHU shall be allowed per lot.
5. lt shall have a GRFA not less than three hundred square feel, nor more than
nine hundred square feet. An applicant, however, shall be permitted to apply to the
community Deveropment Department ot the Town or vail for additionar GRFA not to
exceed five hundred square leet to be used in the construction of the EHU. The
applicant shall submit an application for th€ additional GRFA on a lorm provided by the
community Developmenl DepartmEnr. Approval or denial of the request shall be made
by the Design Beview Board in accordance wilh Section 19.54.040. lf an applicant
obtains Design Review Board approval for five hundred square feet ol additional GRFA
lor the EHU, he or she shalt not be entitled lo receive additional GRFA pursuant to
chapter 18.71 - Additional Gross Residential Floor Area ol this code for eilher unit on
lhe lot. ll an applicant obtains Design Review Board approval for nol more than two
hundred fifty square leet of additional GRFA tor the EHU, he or she shall be entitled to
receive addilional GRFA pursuant to chapter 18.71 - Additional Gross Residential
Floor Area of lhis code for one dwelling unit on the lot.
6. lt shall have not more than two bedrooms.
7, Ne m€r€ than tlve adsrts and ene 6hild nel sldsr han sixlesn yea.s gl age ehal+
elder lhan 6i*te€n ysars el ag€ ehall r€eid€ in a trve bsdr€em Typs lt EpU,
8. Each Type ll EHU shall be required lo have no less than one parking space for
each bedroom located therein. However, if a one bedroom Type ll EHU exceeds six
hundred square feet, it shall have two parking spaces. A parking spaces required by
this code shall be located on the same lot or site as the EHU. tt no dwelling exists
upon lhe property which is proposed lor a Type ll EHU at the time a building permit is
issued, or il an €xisling dwelling is to b€ demolishod and replaced by a new dwelting,
not l€ss than one of the parking spaces required by this subsection shall be enclosed.
A three hundred square feel GBFA credit shall be allowed lor the construclion ot one
enclosed parking space tor the Type ll EHU.
Seclion 3
lf any part, seclion, subseclion, sentgnce, clause or phrase ot this ordinance is tor any
reason held to be invalid, such decision shall not €ltect the validity of the remaining portions of
this ordinance; and lhe Town council hereby declar€s it woutd have passed this ordinance,
and €ach part, s€ction, subsection, s€nlence, clause or phrase thereof, regardless of lhe fact
thal any one o. more pans, seclions, subsections, sentences, claus€s or phrases be declared
invaliJ.
Section 4
The Town Council hersby finds, determines and declares that this ordinanc€ is
ngc€ssary and proper for the hgalth, safety and w€ltare ol the Town ot Vail and the
inhabitants thereot.
Section 5
The repeal or the rEpeal and reenactment of any provision of the Vail Municipal Code
as provided in this ordinance shall not afioct any right which has accrued, any duty impos€d,
any violation that occunsd prior to the ollsctiv€ dats herEol, any prosecution commenced, nor
any other action or procesding as commonced under of by virtue ol the provision repeal€d or
repealed and reenacted. The repeal of any provision hereby shall nol revive any provision or
any ordinance previously repealed or sup€rseded unl€ss expressly stated herein.
Sgction 6
All bylaws, ord€rs, resolutions and ordinances, or parts thersol, inconsistsnt herevyith
are repealed to lhe extent only ol such inconsistency. This rsp€aler shall not be construed lo
rwise any bylaw, order, resolution or ordinance, or parl thereot, therelofore repealed.
INTRODUCED, BEAD ON FIFST READING, APPROVED AND OBDERED
PUBLISHED ONCE lN FULL, this _ day ol _ 1994. A pubtic hearing shalt be
held hereon on the _ day of
-
1994, at the regular meeling ot the Town
Council of the Town of Vail, Colorado, in the Municipal Building of the Town.
ATTEST:
Margaret A. Osterfoss, Mayor
Margaret A. Osterfoss, Mayor
Holly McCulcheon, Town Clerk
READ AND APPROVED ON SECOND READING AND OHDERED PUBLISHED
this _ day ol _, 1994.
ATTEST:
Holly McCutcheon, Town Clerk
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TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
June 13, 1994
A request for amendments to Section 18.57, Employee
forth requirements for renting Employee Housing Units
details in regard thereto.
Housing, to set
and setting forth
Applicant:
Planner:
Town ol Vail
Andy Knudtsen
I. DESCRIPTION OF THE REOUEST
In conversations with Town Council and Housing Authority recently, Town staff determined
that there were a few minor changes that could be made to the employee housing ordinance
to make it more effective. These include requiring that all employee housing units shall be
rented and requiring that the rental rate be comparable to the markel rate. The proposed text
below has been changed as discussed in the worksession with the Planning and
Environmental Commission(PEC) onMay16, 1994. Thereisalsoaclarilicationinthecode
pertaining to Type ll EHU's, which has also been included.
II. PROPOSED CODE CHANGES
Below is one section from the ordinance showing the proposed changes. The new text is
shown in shade. The text that is proposed to be deleted is shown in everstrke.
18.57.020 Employee housing units (EHU) generally.
A. A chart(2) attached to this chapter and incorporated herein by reference illustrates the
requirements for each type of EHU.
B. No employee housing unit which is constructed in accordance with this chapter shall
be subdivided or divided into any lorm of time shares, interval ownerships, or fraclional
fee.
C. All types of EHU's maf shall be leasedrbu{+nly to tenants who are {ull{ime
employees who work in Eagle County. An EHU shall not be leased for a period less
than thirty consecutive days. For the purposes ol this section, a full-time employee is
one who works an average ef a minimcrn of thirty hours each week.
D.
E.
1. A Type I EHU may be sold, transferred, or conveyed separately from any
single-family or two-family dwelling it may be a part ol so long as it meets the
conditions set forth in Section 18.57.040 B. 5 of this chaoter.
2. A Type ll EHU shall not be sold, transferred or conveyed separately from the
single-family or two-family dwelling is located within or attached to.
3. A Type lll EHU may be sold, transferred, or conveyed separately from other
dwelling units or employee housing units that may be located on the same lot
or within the same building in which the Type lll EHU is located so long as it
meets the condition set forth in Section 18.57.060 B, 11 of this chapter.
4. A Type lV EHU shall not be sold, translerred, or conveyed separately lrom
other dwelling units or employee housing units that may be located on the
same lot or within the same buibing in which the Type lV EHU is located.
5. A Type V EHU shall not be sold, transferred or conveyed separately from the
single-family dwelling it may be located within or attached to.
Reserved.
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 copies of a report on a form to be obtained from the Community Development
Department, to the Community Development Department of the Town of Vail and
Chairman of the Town of Vail Housing Authority setting torth evidence establishing that
the employee housing unit has been rented throughout the year, the rental rate, and
that each tenant who resides within {heir the employeee housing unit is a full-time
employee of Eagle County.
No property containing an EHU shall exceed the maximum GRFA permitted in Title 18
except as provided in Sections 18.57.040 84, 18.57.050 85 or 18.57.080 83 of this
chapter.
All trash facilities shall be enclosed.
All surface parking shall be screened by landscaping or berms as per Design Review
Guidelines, Section 18.54.050 D3.
Any applicant who applies for a conditional use permit for the purpose of constructing
employee housing, shall not be required to pay a conditional use permit application
fee.
F.
H.
\:,
J. The provisions setforth in Section 18.57.020, subsections B, C, D, and E shallbe
incorporated into a written agreement in a form approved by the town ailomey which
shall run with the land and shall not be amended or terminated without the written
approval of the Town of Vail. 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.
K. 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.
L.
(Ord.27 (1992) SS 1-3: Ord. 8 (1992) $ 4(part).)
III. CLARIFICATION FOR TYPE II EHU'S
Section 18.57.050 Type ll - Employee housing unit.
A. Purpose. To allow for the construction of an EHU on lots in the single-family, two-
family, and primary/secondary zone districts which meet the minimum lot size
requirements for said zone districts.
B. General conditions:
It shall be a conditional use in the single-family residential, two-family
residential and primary/secondary residential zone districts.
It shall be permitted only on lots which comply with the minimum lot size
requirements for total lot area of the zone district in which the lot is located.
It shall be located within, or attached to, a single-family dwelling or be located
within, or attached to, a tvvo{amily dwelling pursuant to Section 18.54.0401 -
design guidelines duplex and primary/secondary development. lt may also be
located in, or attached to, an existing garage provided the garage is not located
within any setback, and further provided that no existing parking required by the
Town of Vail Municipal Code is reduced or eliminated.
#
M.
1
2.
e
4. lt shall not be counted as a dwelling unit for the purposes of calculating density.
However, it shall contain kitchen facilities and a bathroom; as defined in
Chapter 18.04 - Delinitions ot the Vail Municipal Code. lt shall be permitted to
be a third dwelling unit in addition to the two dwelling units which may already
exist on the lot. Only one Type ll EHU shall be allowed per lot.
5. lt shall have a GRFA not less than three hundred square feet, nor more than
nine hundred square feet. An applicant, however, shall be permitted to apply to
the Community Development Department of the Town of Vail for additional
GRFA not to exceed five hundred square feet to be used in the construction of
the EHU. The applicant shall submit an application for the additional GRFA on
a form provided by the Community Development Department. Approval or
denial of the request shall be made by the Design Review Board in accordance
with Section 18.54.040. ll an applicant obtains Design Review Board approval
for five hundred square feet of additional GRFA for the EHU, he or she shall
not be entitled to receive additional GRFA pursuant to Chapter 18.71 -
Additional Gross Residential Floor Area of this code for either unit on the lot. lf
an applicant obtains Design Review Board approval for not more than two
hundred fifty square feet of additional GRFA tor the EHU, he or she shall be
entitled to receive additional GRFA pursuant to Chapter 18.71 - Additional
Gross Residential Floor Area of this code for one dwelling unit on the lot.
6. lt shall have not more than two bedrooms.
7, Ne mere than twe adults and ene ehild net elder than sixteen years ef age shall
reside in a ene bedreem TyBe ll EHU, Ne mere than tv/e adults and trye
ehildren net elder than eixteen years ef age shall reeide in a tvye bedreem Type
{r€}l{+
8. Each Type ll EHU shall be required to have no less than one parklng space for
each bedroom located therein. However, if a one bedroom Type ll EHU
exceeds six hundred square teet, it shall have two parking spaces. All parking
spaces required by this code shall be located on the same lot or site as the
EHU. lf no dwelling exists upon the property which is proposed for a Type ll
EHU at the time a building permit is issued, or if an existing dwelling is to be
demolished and replaced by a new dwelling, not less than one of the parking
spaces required by this subsection shall be enclosed. A three hundred square
teet GRFA credit shall be allowed for the construction of one enclosed parking
space for the Type ll EHU.
(Ord. 8(1992) S 4(part).)
IV. STAFF RECOMMENDATION
Staff believes the proposed changes will make the Employee Housing Ordinance more
effective. Because an effective ordinance will help the Town meet its Municipal Objectives,
staff recommends approval.
c: pec\memos\ohu.6l3
FfL t $trF if ,
Bob Armour made a motion to approve this request for a conditional use permit to
allow for an employee housing unit per the staff memo with Jeff Bowen seconding this
motion. A 7-0 vote approved this item.
6. A request for an amendment to Section 18.40, Special Development Districts, to
eliminate the use of the SDD in certain zone districts.
Applicant: Town of Vail
Planner: Mike Mollica
Mike Mollica briefly reviewed the request and stated that he could answer any
questions the PEC had concerning the proposed amendments.
Bob Armour made a motion to approve the requested amendment to Section 18.40,
Special Development Districts per the staff memo with Jeff Bowen seconding this
motion.
Tom Braun stated that he did not undersland what was being gained as a result of the
proposed amendment to Section 18.40. He felt that keeping the SDD as an option in
the zone districts is beneficial.
Mike Mollica stated that staff would most likely perform an overhaul on the entire
section of the SDD code during the next six to nine months.
Dalton Williams stated that he agreed with Tom's comment but he feels that the
amendment was the right thing to do.
Jeff Bowen seconded the motion and a 7-0 vote approved this item.
7. A request for amendments to Section 18.57, Employee Housing, to set forth
requirements lor renting Emploi'ee Housing Units and setting toith details in regard
thereto.
Applicant: Town of VailPlanner: Andy Knudtsen/Krislan Pritz
Kristan Pritz made a presentation per the staff memo.
Concerning ltem M, Kathy Langenwalter suggested that the last sentence should read
"within a market rate".
Jeff Bowen stated that he felt lhe word "minimum" should be removed from ltem C in
the last sentence.
Tom Braun stated that he would like to see ltem 8 on Page 4 either eliminated or
modified so that the parking was not required to be located on-site for an existing
nonconforming unit.
Planning and Erwironm.dtll Commillion
Juno 13,1994 q
Concerning ltem E, Dalton Williams stated lhat he would like to see the last senlence
in this item eliminated. He felt the wording was too strong. He said that he would like
the last sentence ol ltem M reworded to: "lf the unit is not rented and is not available
at the market rate, then it shall be determined to be in noncompliance."
Jeff Bowen stated that he still had a problem with ltem 7 on Page 4. He stated that
the maximum age of the child should be lowered and questioned why this paragraph
was necessary.
Kathy Langenwalter asked what the purpose of ltem 7 was.
Krislan Pritz stated it was added by the Council during the review of lhe original
ordinance to address occupancy and the issue of occupants having children.
The PEC reached a consensus that ltem 7 on Page 4 should be deleted.
Kathy Langenwaller referred the PEC back to the last sentence in ltem E on Page 2 ol
the staff memo. She felt this sentence was a compromise to let people know what the
requirement was.
Kristan Pritz stated that the last sentence of ltem E would be incorporated into the
preceding sentence as: ".., that the employee housing unit has been rentecl. throughout the year, the rental rate, and that each tenant who resides within the
employee housing unit is a full{ime employee of Eagle County.'
Kathy Langenwalter reviewed the proposed changes with the PEC and staff.
Jelf Bowen made a motion to approve the proposal with the recommended changes:
ll(C) "an average of 30 hours eachweek."/ll(E) Remove lhe last sentence and add, "the rental rale, and that each ,.2
tenant..."
ll(M) "lf the unit is not rented and is not available at the market rale." /
lll(7) Remove lhis paragraph./
Greg Amsden seconding the motion. A 7-0 vote approved this item.
8. A request for a conditional use permit to allow for a Type ll Employee Housing Unit
located at 4030 North Frontage Boad East, #DiLot 28, Pitkin Creek Mountain
Townhomes.
Applicant: Andrew M. Knudtsen
Pfanner: Jim Curnutte TABLED TO JUNE 27,1994
Jetf Bowen made a motion to table this request until June 27,1994. Dalton Williams
seconded the motion and a 7-0 vote tabled this item to the June 27, '|.994 PEC
meeting.
Pbnning .nd Envi,gnrDnt!l Commi..ion
Jun.13.1994 10
ORDINANCE NO. 14,
Series of 1994 Ffl_t cgPy
AN ORDINANCE AMENDING CHAPTER 18.57, EMPLOYEE HOUSING, AND SETTING
FORTH DETAILS IN REGARD THERETO.
WHEREAS, THE TOWN OF VAIL'S ECONOMY IS LARGELY TOURIST BASED AND
THE HEALTH OF THIS ECONOMY IS BASED ON EXEMPLARY SERVICE FOR VAIL'S
GUESTS. AND:
WHEREAS, VAIL'S ABILITY TO PROVIDE SUCH SERVICES DEPENDENT UPON A
STRONG. HIGH QUALIry AND CONSISTENTLY AVAILABLE WORK FORCE, AND;
WHEREAS, THE AVAILABILITY OF HOUSING PLAYS A CRITICAL ROLE IN
CREATING QUALITY LIVING AND WORKING CONDITIONS FOB THE COMMUNIW'S
WORK FORCE. AND;
WHEREAS, THE TOWN COUNCIL BELIEVES THAT THE FOLLOWING
AMENDMENTS WILL MAKE THE EXISTING EMPLOYEE HOUSING ORDINANCE MORE
EFFECTIVE. AND:
WHEREAS, IN ACCORDANCE WITH SECTION 18.66.140, THE PLANNING AND
ENVIRONMENTAL COMMISSION HAD A PUBLIC HEARING ON THE PBOPOSED ZONING
AMENDMENT AND HAS SUBMITTED ITS RECOMMENDATION TO THE TOWN COUNCIL.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
Section 1
Section 18.57.020 - Emplovee housino units (EHU) oenerallv.
A. A chart(2) attached to this chapter and incorporated herein by reference
illustrates the requirements for each type of EHU.
B. No employee housing unit which is constructed in accordance with this chapter
shall be subdivided or divided into any form of time shares, interval ownerships, or
fractional fee.
C. All types of EHU's may shall be leasedrbc+nly to tenants who are full{ime
employees who work in Eagle County. An EHU shall not be leased for a period less
than thirty consecutive days. For the purposes of this section, a full-time employee is
one who works an average of thirty hours each week.
1. A Type I EHU may be sold, transferred, or conveyed separately lrom
any singleJamily or two-family dwelling it may be a part of so long as it meets
the conditions set forth in Section 18.57.040 B, 5 of this chapter.
2. A Type ll EHU shall not be sold, lransferred or conveyed separately
from the single-family or two-family dwelling is located within or attached to.
3. A Type lll EHU may be sold, transferred, or conveyed separately from
other dwelling units or employee housing units that may be located on the
same lot or within the same building in which the Type lll EHU is located so
long as it meets the condition set torth in Section 18.57.060 B, 1 1 of this
chapter.
4. A Type lV EHU shall not be sold, transferred, or conveyed separately
lrom other dwelling units or employee housing units that may be located on the
same lot or within the same building in which the Type lV EHU is located.
5. A Type V EHU shall not be sold, transferred or conveyed separately
from the single-family dwelling it may be located within or attached to.
D. Reserved.
E. 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 copies of a report on a form to be obtained from the Community
Development Department, to the Community Development Department of the Town of
Vail and Chairman of the Town of Vail Housing Authority setting forth evidence
fental fale; andrr:that each tenant who resides within {heir tft,s employees housing unit is
a full-time employee of Eagle County.
F. No property containing an EHU shall exceed the maximum GRFA permitted in
Title 18 except as provided in Sections 18.57.040 84, 18.57.050 85 or 18.57.080 83 of
this chapter.
G. All trash facilities shall be enclosed.
H. All surface parking shall be screened by landscaping or berms as per Design
Review Guidelines. Section 18.54.050 D3.
l. Any applicant who applies for a conditional use permit for the purpose of
constructing employee housing, shall not be required to pay a conditional use
permit application fee.
J. The provisions set forth in Section 18.57.020, subsections B, C, D, and E 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 terminatgd without the
written approval of the Town of Vail. 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.
K. Each EHU shall have its own entrance. There shall be no interior access lrom
any EHU to any dwelling unit it may be attached to.
t. llherclllhei:ro{.eb0t.El{!iJ bhall ren!;!he Uhit at a m0nthly rehtAt:::rate cun$istent
with,tlio$E maiket,,,rates,,,pr,ev4ent for slrnilar propgrtles in dr,e.Town 0f,Vait;,...
.M: The l[,lg6qn ,of,Val!:,,1{ouslng Autfioiity Will deterrnino the,mafh0t rala:bas$d.,on.i.th€
study :oil.. uthbf,:,unlts ',0f.icomparable, size; .,lobation, qu.alilt|t and ernehlfiesl:th10ttg:hou1 the
T,oWn, ,,Ttle mafketrrate,:,shall be bas€d.i0h an averAg.ei:.0t.a.mifllmum.. of ifit/e:.rstttal'. r.el6s
of cornparabfe uinits; lf tfrb unlt,is,ilot:rgnted:and::i$ not avallf,hl€ ra! the:fiaEkcJ faterit
$hall ho dstennined to be i,n :::n0floornpllanoe,
Section 2
Section 18.57.050 Tyoe ll - Emplovee housino unit.
A. Purpose. To allow for the construction ot an EHU on lots in the single-family,
two{amily, and primary/secondary zone districts which meet the minimum lot size
requirements for said zone districts.
B. General conditions:
'1. lt shall be a conditional use in the single{amily residential, twojamily
residential and primary/secondary residential zone districts.
2. lt shall be permitted only on lots which comply with the minimum lot size
requirements for total llotlafea of the zone district in which the lot is located.
3. lt shall be located within, or attached to, a single-family dwelling or be located
within, or attached to, a two-family dwelling pursuant to Section 18.54.0401 - design
guidelines duplex and primary/secondary development. lt may also be located in, or
attached to, an existing garage provided the garage is not located within any setback,
and further provided that no existing parking required by the Town ol Vail Municipal
Code is reduced or eliminated.
4. lt shall not be counted as a dwelling unit for the purposes of calculating density.
However, it shall contain kitchen facilities and a bathroom; as defined in Chapter 18.04
- Definitions of the Vail Municipal Code. lt shall be permitted to be a third dwelling
unit in addition to the two dwelling units which may already exist on the lot. Only one
Type ll EHU shall be allowed per lot.
5. lt shall have a GRFA not less than three hundred square feet, nor more than
nine hundred square feet. An applicant, however, shall be permitted to apply to the
Community Development Department of the Town of Vail for additional GRFA not to
exceed five hundred square feet to be used in the construction of the EHU. The
applicant shall submit an application for the additional GRFA on a form provided by the
Community Development Department. Approval or denial of the request shall be made
by the Design Review Board in accordance with Section 18.54.040. lf an applicant
obtains Design Review Board approval for five hundred square feet of additional GRFA
for the EHU, he or she shall not be entitled to receive additional GRFA pursuant to
Chapter 18.71 - Additional Gross Residential Floor Area of this code for either unit on
the lot. lf an applicant obtains Design Review Board approval for not more than two
hundred fifty square feet of additional GRFA for the EHU, he or she shall be entifled to
receive additional GRFA pursuant to Chapter 18.71 - Additional Gross Residential
Floor Area of this code for one dwelling unit on the lot.
6. lt shall have not more than two bedrooms.
7, Ne mere than twe adults and ene ehild net elder than eixteen years ef age ehall
8. Each Type ll EHU shall be required to have no less than one parking space for
each bedroom located therein. However, if a one bedroom Type ll EHU exceeds six
hundred square feet, it shall have two parking spaces. All parking spaces required by
this code shall be located on the same lot or site as the EHU. lf no dwelling exists
upon the property which is proposed for a Type ll EHU at the time a building permit is
issued, or if an existing dwelling is to be demolished and replaced by a new dwelling,
not less than one of the parking spaces required by this subsection shall be enclosed.
A three hundred square feet GRFA credit shall be allowed for the construction of one
enclosed parking space lor the Type ll EHU.
Section 3
lf any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not eflect 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 ol the fact
that any one or more parts, sections, subsections, sentences, clauses or phrases be declared
invalid.
Section 4
The Town Council hereby finds, determines and declares that this ordinance is
necessary and proper for the health, safety and wellare of the Town of Vail and the
inhabitants thereof.
Section 5
The repeal or the repeal and reenactment of any provision of the Vail Municipal Code
as provided in this ordinance shall not affect any right which has accrued, any duty imposed,
any violation that occurred prior to the eflective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under of by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
Section 6
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith
are repealed to the extent only of such inconsistency. This repealer shall not be construed to
revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE lN FULL, this _ day of 1994. A public hearing shall be
held hereon on the _ day of 1994, at the regular meeting of the Town
Council of the Town of Vail, Colorado, in the Municipal Building of the Town.
Margaret A. Osterfoss, Mayor
ATTEST:
Holly McCutcheon, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this _ day of _, 1994.
Margaret A. Osterfoss, Mayor
ATTEST:
Hotly McCutcheon, Town Clerk
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ORDINANCE NO. 14,
Series ol 1994
tFIr-t
AN ORDINANCE AMENDING CHAPTER 18.57, EMPLOYEE HOUSING, AND SETTING
FORTH DETAILS IN BEGARD THERETO.
WHEREAS, THE TOWN OF VAIL'S ECONOMY IS LARGELY TOURIST BASED AND
THE HEALTH OF THIS ECONOMY IS BASED ON EXEMPLARY SERVICE FOR VAIL'S
GUESTS. AND:
WHEREAS, VAIL'S ABILITY TO PROVIDE SUCH SERVICES DEPENDENT UPON A
STRONG, HIGH QUALIry AND CONSISTENTLY AVAILABLE WORK FORCE. AND;
WHEREAS, THE AVAILABILIry OF HOUSING PLAYS A CRITICAL ROLE IN
CREATING QUALITY LIVING AND WORKING CONOITIONS FOR THE COMMUNIW'S
WORK FORCE, AND;
WHEREAS. THE TOWN COUNCIL BELIEVES THAT THE FOLLOWING
AMENDMENTS WILL MAKE THE EXISTING EMPLOYEE HOUSING ORDINANCE MORE
EFFECTIVE, AND;
WHEREAS, IN ACCORDANCE WITH SECTION 18.66.140, THE PLANNING AND
ENVIRONMENTAL COMMISSION HAD A PUBLIC HEARING ON THE PROPOSED ZONING
AMENDMENT AND HAS SUBMITTEO ITS RECOMMENDATION TO THE TOWN COUNCIL.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
Section 1
Section 18.57.020 - Emoloyee housino units (EHU) qenerally.
A. A chart(2) attached to this chapter and incorporated herein by r€terence
illustrates the requirements for each type ol EHU.
B. No employee housing unil which is constructed in accordance with this chapter
shall be subdivided or divided into any lorm ol time shares, interval ownerships, or
fractional lee.
C. All types of EHU'S Fney shall be leased+sl-€€t to tenants who are lull-time
employees who work in Eagle County. An EHU shall not be leased tor a period less
than thirty consecutivs days. For the purposes ot this section, a full-time employee is
one who works an average et-a-siRimsm ol thirty hours each week.
COP Y
1. A Type I EHU may be sold, transterred, or conveyed separat€ly from
any singlg{amily or tr o{amily dw€lling it may b€ a parl of so long as il meets
the conditions set torlh in Section 18.57.040 B,5 ol this chapter.
2. A Type ll EHU shall not bs sold, translerr€d or conveyed separately
lrom the single{amily or twojamily dwelling is located within or attached to.
3. A Type lll EHU may be sold, transferred, or conveyed separately lrom
other dwolling units or employEE housing units that may be locatd on lhe
same lot or within th€ same building in which the Type lll EHU is located so
long as it mests lhe condition set lorth in Section 18.57.060 B, 11 ot lhis
chapter.
4. A Type lV EHU shall not be sold, transferred, or conveyed separately
lrom other dwelling units or employee housing units that may be localed on the
same lot or within the same building in which tho Type lV EHU is locatsd.
5. A Typo V EHU shall not be sold, transferred or conveyed separately
from the singl€{amily dwelling it may be located within or attached to.
D. Reserved.
E. No later lhan February 1 ol each ygar, the owner ol each employee housing
unit within lhe town which is conslructed lollowing the elfective date of this chapler
shall submit two copios ol a rsport on a lorm to be obtaingd from the Community
Development DepartmEnl, lo the Community Developmenl Department ol the Town ot
Vail and Chairman ol th€ Town of Vail Housing Authority setting torth evidenc€
establishing that the employoe housing unit has bo6n rented lhroughout the y6ar, the
rental rate, and lhal each tenant who resides within th€k th€ employees housing unil is
a fulFlime employe€ ol Eagle County.
F. No property conlaining an EHU shall €xc€ed the maximum GRFA permitted in
Title 18 €xcspl as provided in Sections 18.57.040 84, 18.57.050 85 or 18.57.080 83 of
this chapter.
G. All trash laciliti€s shall bE enclos€d.
H. All surfacs parking shall bE scrEened by landscaping or berms as per Design
Review Guidelines, Section 18.54.050 D3.
'4
l. Any applicant who applies lor a conditional use permit for the purpose ol
constructing employee housing, shall nol be required to pay a conditional use
permil application fee.
J. The provisions set lorlh in Section 18.57.020, subseclions B, C, D, and E shall
be incorpo.aled into a wrillen agreement in a form approved by lhe town attorney
which shall run with th€ land and shall not be amended or terminated without the
written approval ol the Town ol Vail. Said agreement shall be recorded at lhe county
clerk and recorder otfice prior lo the issuancs of a building p€rmit for lhe conslruction
ol an EHU.
K. Each EHU shall have ils own entrance. There shall bs no interior access from
any EHU to any dwelling unit it may be attached to.
L. The owner of oach EHU shall rent ths unit at a monthly rontal rate conslstent
with those markol ral€s prevalent lor similar FopertiEs in th6 Town of Vall. n*
M. Tho Town of V€l! Housing Authorlty wlll determin€ the market rate basBd on the
study of other units of comparable 6lze, locatlon, quality and amenlties Urougheut lho
Town. The markel rate shall b€ based on an avoraoe ol a mlnimum of live r€ntal rates
ot comparable units, ll h6 unit is not rented ar|d is not avallable at the market rate it
shall bo determined lo be in noncomplianc€.
S€clion 2
Section 18.57.050 Tvpe ll - Emolovee housinq unit.
A. Purpose. To allow lor the construclion ol an EHU on lots in the single-family,
two-tamily, and primary/s€condary zon€ dislricts which meet lhe minimum lot size
requirements for said zone dislricts.
B. General conditions:
1. lt shall be a conditional use in lhe single{amily residential, two{amily
residential and primary/secondary residential zone districts.
2. lt shall be permilled only on lols which comply with the minimum lot size
requirements for total l0l area ol the zone dislricl in which the lot is located.
3. lt shall be located within, or attached to, a single{amily dwelling or be located
within, or attached lo, a two-family dwelling pursuant lo Section 18.54.0401 - design
guidelines duplex and primary/secondary development. lt may also be located in, or
attached to, an existing garage provided the garage is not located within any setback,
and further provided that no €xisting parking required by lhe Town of Vail Municipal
Code is reduced or eliminated.
4. lt shall not be counted as a dwelling unit for the purposes ot calculating density.
However, it shall contain kitchen facilities and a bathroom: as delined in ChaDter 18.04
- Definitions ol the Vail Municipal Code. lt shall be permitted to be a third dvvelling
unit in addition to the two dwelling units which may already exist on the lot. Only one
Type ll EHU shall be allowed per lot.
5. lt shall have a GRFA not less than lhree hundred square leet, nor more than
nine hundred square feet. An applicant, however, shall be permitted to apply to the
Community Developmenl Departmenl of the Town of Vail for additional GRFA not to
exceed five hundred square feet to be used in the conslruclion of the EHU. The
applicant shall submit an application lor ths additional GRFA on a form provided by th€
Community Developmenl Departmenl. Approval or denial of the request shall be made
by the Design Review Board in accordance with Section 18.54.040. ll an applicanl
obtains Design Review Board approval lor five hundred square feet of additional GRFA
for the EHU, he or she shall not be entitled to receive additional GRFA pursuant to
Chapter 18.71 - Additional Gross Residential Floor Area ol this code for eilher unit on
the lot. lf an applicant obtains Oesign Review Board approval tor not more than two
hundred fitty square leel ol additional GRFA lor the EHU, he or she shall be entitled to
receive additional GRFA pursuant to Chapter 18.71 - Additional Gross Residential
Floor Area of this code for one dwglling unit on the lot.
6. lt shall have not more than two bedrooms.
7, Ne mere than tvrs aCult6 and €ns child net gldsr than sixteen y€a'c ef age 6hall
elC€r than sixtesn y€ars el age shall r€side in a twe b€Cre€m Type ll EHU,
8. Each Type ll EHU shall be required to have no less than one parking space for
each bedroom located therein. However, il a one bedroom Type ll EHU exceeds six
hundred square feet, it shall have two parking spaces. All parking spaces required by
this code shall b€ located on lhe same lot or sile as the EHU. lt no dwelling sxists
upon lhe property which is proposed lor a Type ll EHU at the time a building permit is
issued, or il an sxisting dwelling is to be demolished and replaced by a new dwelling,
not less lhan one ol the parking spaces required by this subsection shall be enclosed.
A lhree hundred square fsel GRFA credit shall be allowed lor lhe construclion ol onE
enclosed parking spacE for ths Type ll EHU.
Seclion 3
lf any part, seclion, subsection, sentence, clause or phrase ot this ordinance is for any
reason held to be invalid, such d€cision shall not ellect the validily ol the remaining porlions of
this ordinance; and lhe Town Council hereby declar€s it would have passed lhis ordinance,
and each part, section, subsection, senlence, claus€ or phrase thereol, regardless ol the lact
that any one or more parts, s€ctions, subsections, senlences, clauses or phrases be declared
invalid.
Section 4
The To/vn Council hereby finds, d€t€rmin€s and declares that this ordinance is
necessary and proper lor the health, salety and wellare ol the Town ol Vail and the
inhabitants thereof.
Section 5
The repeal or thE repeal and reenactment of any provision of lhe Vail Municipal Cods
as provided in this ordinance shall not atlsct any right which has accrued, any duty imposed,
any violation that occunsd prior to the eflective date hereol, any prosecution commenced, nor
any other aclion or proceedirE as commenced under of by virtue of the provision repeal€d or
repealed and reenacted. The repeal of any provision hereby shall nol revive any provision or
any ordinance previously repealed or superseded unless expressly stiated herein.
Section 6
All bylaws, orders, rEsolulions and ordinances, or parts thereot, inconsisient hera,vith
are repealed to the extent only of such inconsistency. This repealer shall nol be construod to
rsvis€ any bylaw, order, resolution or ordinance, or part th€reof, therstofore repealed.
:. ,,^.INTRODUCED, READ ON FIBST READING, APPROVED ANO OROEFED
PUBLISHED ONCE lN FULL, this _ day of
-
1994. A public hearlng shall b€
held hereon on lhe _ day ol
-
1994, at the regular meotng ot the Town
Council of the Town ol Vall, Colorado, In the Munlcipal Building of the To\,n.
Margaret A. Osterloss, Mayor
ATTEST:
Holly ltlcCubheon, Town Cl€rk
READ AND APPROVED ON SECONO READING AND ORDERED PUBLISHED
hb _day ol _, 1994.
Margarst A. Osterloss, Mayor
ATTEST:
Holly llccuhheon, Town Clerk
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TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
June 13, 1994
A request for amendments to Section 18.57, Employee
forth requirements for renting Employee Housing Units
details in regard thereto.
Housing, to set
and setting forth
Applicant:
Planner:
Town of Vail
Andy Knudtsen
I. DESCRIPTION OF THE REQUEST
In conversations with Town Council and Housing Authority recently, Town staff determined
that there were a lew minor changes that could be made to the employee housing ordinance
to make it more effective. These include requiring that all employee housing units shall be
rented and requiring that the rental rate be comparable to the market rate. The proposed text
below has been changed as discussed in the worksession with the Planning and
Environmental Commission (PEC) on May 16, 1994. There is also aclarification in the code
pertaining to Type ll EHU's, which has also been included.
II. PROPOSED CODE CHANGES
Below is one section from the ordinance showing the proposed changes. The new text is
shown in shade. The text that is proposed to be deleted is shown in everstrike.
18.57.020 Employee housing units (EHU) generally.
A. A chart(2) attached to this chapter and incorporated herein by reference illustrates the
requirements for each type of EHU.
B. No employee housing unit which is constructed in accordance with this chapter shall
be subdivided or divided into any form of lime shares, interval ownerships, or lractional
fee.
C. All types of EHU's me+ shall be leased*u{+nl} to tenants who are full-time
employees who work in Eagle County. An EHU shall not be leased lor a period less
than thirty consecutive days. For the purposes of this section, a full-time employee is
one who works an average ol thirty hours each week.
D.
E.
1. A Type I EHU may be sold, transferred, or conveyed separately from any
single-family or two-family dwelling it may be a part of so long as it meets the
conditions set forth in Section 18.57.040 B, 5 of this chapter.
2. A Type ll EHU shall not be sold, transferred or conveyed separately from the
single-family or two-family dwelling is located within or attached to.
3. A Type lll EHU may be sold, transferred, or conveyed separately from other
dwelling units or employee housing units that may be located on the same lot
or within the same building in which the Type lll EHU is located so long as it
meets the condition set forth in Section 18.57.060 B, 11 of this chapter.
4. A Type lV EHU shall not be sold, transferred, or conveyed separately from
other dwelling units or employee housing units that may be located on the
same lot or within the same building in which the Type lV EHU is located.
5. A Type V EHU shall not be sold, translerred or conveyed separately from the
single-family dwelling it may be located within or attached to.
Reserved.
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 copies of a report on a form to be obtained from the Community Development
Department, to the Community Development Department of the Town of Vail and
Chairman ol the Town of Vail Housing Authority setting forth evidence establishing that
the employee housing unit has been rented throughout the year, the rental rat6, and
that each tenant who resides within their the employees housing unit is a full-time
employee of Eagle Gounty.
No property containing an EHU shall exceed the maximum GRFA permitted in Title 18
except as provided in Sections 18.57.040 84, 18.57.050 85 or 18.57.080 83 of this
chapter.
All trash facilities shall be enclosed.
H. All surlace parking shall be screened by landscaping or berms as per Design Review
Guidelines, Section 18.54.050 D3.
Any applicant who applies for a conditional use permit for the purpose of constructing
employee housing, shall not be required to pay a conditional use permit application
fee.
F.
\.2.
J. Theprovisions setforth in Section 18.57.020, subsections B, C, D, and E 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 of Vail. 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.
K. 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.
L. The owner of each EHU shall rent the unit at a monthly rontal rat€ consistent with
those market rates prevalent for similar properties in the Town of Vail.
M. The Town of Vail Housing Authority will determine the market rate based on the study
of other units of comparable size, location, quality and amenities throughout the Town.
The market rate shall be based on an average ol a minimum of five rental rates of
comparable units. ll the unit is not rented and is not available at the market rate it
shall be determined to be in noncompliance.
(Ord.27 (1992) SS 1-3: Ord. I (1992) S 4(part).)
III. CLARIFICATION FOR TYPE II EHU'S
Section 18.57.050 Type ll - Employee housing unit.
A. Purpose. To allow for the construction ot an EHU on lots in the single-family, two-
family, and primary/secondary zone districts which meet the minimum lot size
requirements for said zone districts.
B. General condilions:
1. lt shall be a conditional use in the single{amily residential, two-family
residential and primary/secondary residential zone districts.
2. lt shall be permitted only on lots which comply with the minimum lot size
requirements for total lot area of the zone district in which the lot is located.
3. lt shall be located within, or attached to, a single{amily dwelling or be located
within, or attached to, a WvoJamily dwelling pursuant to Section 18.54.0401 -
design guidelines duplex and primary/secondary development. lt may also be
located in, or attached to, an existing garage provided the garage is not located
within any setback, and lurther provided that no existing parking required by the
Town of Vail Municipal Code is reduced or eliminated.
4. lt shall not be counted as a dwelling unit for the purposes of calculating density.
However, it shall contain kitchen lacilities and a bathroom: as delined in
Chapter 18.04 - Definitions of the Vail Municipal Code. lt shall be permitted to
be a third dwelling unit in addition to the two dwelling units which may already
exist on the lot. Only one Type ll EHU shall be allowed per lot.
5. lt shall have a GRFA not less than three hundred square feet, nor more than
nine hundred square feet. An applicant, however, shall be permitted to apply to
the Community Development Department of the Town of Vail for additional
GRFA not to exceed five hundred square feet to be used in the construction of
the EHU. The applicant shall submit an application for the additional GRFA on
a form provided by the Community Development Department. Approval or
denial of the request shall be made by the Design Review Board in accordance
with Section 18.54.040. lf an applicant obtains Design Review Board approval
lor five hundred square feet of additional GRFA for the EHU, he or she shall
not be entitled to receive additional GRFA pursuant to Chapter 18.71 -
Additional Gross Residential Floor Area of this code for either unit on the lot. lf
an applicant obtains Design Review Board approval for not more than two
hundred fifty square feet of additional GRFA for the EHU, he or she shall be
entitled to receive additional GRFA pursuant to Chapter 18.7'l - Additional
Gross Residential Floor Area of this code for one dwelling unit on the lot.
6. lt shall have not more than two bedrooms.
7, Ne mere than twe adslte and ene ehilC net elder than sixteen yeare ef age ehall
reside in a ene bedreem Type ll EHU, Ne mers than twe adulte and ttYe
ehildren net elCer than eixteen yeare ef age shall reside in a twe bedreem Type
.u+I.+tJ'
8. Each Type ll EHU shall be required to have no less than one parking space for
each bedroom located therein. However, if a one bedroom Type ll EHU
exceeds six hundred square feet, it shall have two parking spaces. All parking
spaces required by this code shall be located on the same lot or site as the
EHU. lf no dwelling exists upon the property which is proposed for a Type ll
EHU at the time a building permit is issued, or if an existing dwelling is to be
demolished and replaced by a new dwelling, not less than one ol the parking
spaces required by this subsection shall be enclosed. A three hundred square
feet GBFA credit shall be allowed for the construction of one enclosed parking
space for the Type ll EHU.
(ord. 8(1ee2) S 4(part).)
IV. STAFF RECOMMENDATION
Staff believes the proposed changes will make the Employee Housing Ordinance more
effective. Because an effective ordinance will help the Town meet its Municipal Objectives,
stalf recommends approval.
c:\pec'\memos\ehu.61 3
Ff{"f fr0Py
Bob Armour made a motion to approve this request for a conditional use permit to
allow for an employee housing unit per the staff memo with Jeff Bowen seconding this
motion. A 7-0 vote approved this item.
6. A request for an amendment to Section 18.40, Special Development Districts, to
eliminate the use of the SDD in certain zone districts.
Applicant: Town ol Vail
Planner: Mike Mollica
Mike Mollica briefly reviewed the request and stated that he could answer any
questions the PEC had concerning th€ proposed amendments.
Bob Armour made a motion to approve the requested amendment to Section 18.40,
Special Development Districts per the stalf memo with Jeff Bowen seconding this
motion.
Tom Braun stated that he did not understand what was being gained as a result of the
proposed amendment to Section 18.40. He felt that keeping the SDD as an option in
the zone districts is beneficial.
Mike Mollica stated that statf would most likely perform an overhaul on the entire
section of the SDD code during the next six to nine months.
Dalton Williams stated that he agreed with Tom's comment but he feels that the
amendment was the right thing to do.
Jeff Bowen seconded the motion and a 7-0 vote approved this item.7 ilnffi:j?Jil:lLffi"F',.l' ,'13'll,"n",o
lhereto.
Applicant: Town of Vail
Planner: Andy Knudtsen/Kristan Pritz
Kristan Pritz made a presentation per the staff memo.
Conceming ltem M, Kathy Langenwalter suggested that the last sentence should read
"within a market rale".
Jeff Bowen stated that he felt the word "minimum" should be removed from llem C in
the last sentence.
Tom Braun stated that he would like to see ltem I on Page 4 either eliminated or
modified so that the parking was nol required to be located on-site for an existing
nonconforming unit.
Pllnning and Envlronm.ntrl Commillion
June l3. 1904
\
Concerning ltem E, Dalton Williams stated that he would like to see the last sentence
in this item eliminated. He felt the wording was too strong. He said that he would like
the last sentence of ltem M reworded to: "lf the unit is not rented and is not available
at the market rate, then it shall be determined to be in noncompliance."
Jeff Bowen stated that he still had a problem with ltem 7 on Page 4. He stated that
the maximum age ol the child should be lowered and questioned why this paragraph
was necessary.
Kathy Langenwalter asked what the purpose of ltem 7 was.
Kristan Pritz stated it was added by the Council during the review of the original
ordinance to address occupancy and the issue of occupants having children.
The PEC reached a consensus that ltem 7 on Page 4 should be deleted.
Kathy Langenwalter referred the PEC back to the last sentence in ltem E on Page 2 of
the staff memo. She felt this sentence was a compromise to let people know what the
requirement was.
Kristan Pritz stated that the last sentence of ltem E would be incorporated into the
preceding senlence as: "... that the employee housing unit has been rented
throughout the year, the rental rate, and that each tenant who resides within the
employee housing unit is a full-time employee of Eagle County."
Kathy Langenwalter reviewed the proposed changes with the PEC and staff.
Jeff Bowen made a motion to approve the proposal with the recommended changes:
ll(C) "an average of 30 hours eachweek."t/
ll(E) Remove the last sentence and add, "the rental rate, and that each /
tenant..."
ll(M) "lf the unit is not rented and is not available at the market rate." /
lll(7) Remove this paragraph.Tz-
Greg Amsden seconding the motion. A 7-0 vote approved this item.
8. A request for a conditional use permit to allow for a Type ll Employee Housing Unit
located at 4030 North Frontage Road East, #D/Lot 28, Pitkin Creek Mountain
Townhomes.
Applicant: Andrew M. Knudtsen
Pfanner: Jim curnutte TABLED TO JUNE 27,1994
Jelf Bowen made a motion to table this request until June 27, 1994. Dalton Williams
seconded the motion and a 7-0 vote tabled this item to the June 27, 1994 PEC
meeting.
Plrnning lnd Envlronment!l Commi3tion
Junc 13. 1994 10
TO:
FROM:
DATE:
SUBJECT
MEMORANDUM
Planning and Environmental Commission
Community Development Department
r r,i
June 13. 1994
A request for amendments to Section 18.57, Employee Housing' to set
forth requirements for renting Employee Housing Units and setting forth
details in regard thereto.
Applicant:
Planner:
Town of Vail
Andy Knudtsen
I. DESCRIPTION OF THE REOUEST
In conversations with Town Council and Housing Authority recently, Town staff determined
thal there were a few minor changes that could be made to the employee housing ordinance
to make it more effective. These include requiring that all employee housing units shall be
r:ented and requiring that the rental rate be comparable to the market rate. The proposed text
below has been changed as discussed in lhe worksession with the Planning and
Environmental Commission (PEC) on May 16, 1994. There is also a clarification in the code
pertaining to Type ll EHU's, which has also been included.
II. PROPOSED CODE CHANGES
Below is one section from the ordinance showing the proposed changes. The new text is
shown in shad€. The text that is proposed to be deleted is shown in €,Y€#€trike.
18.57.020 Employee housing units (EHU) generally.
A. A chart(2) attached to this chapter and incorporated herein by reference illustrates the
requirements tor each type of EHU.
B. No employee housing unit which is constructed in accordance with this chapter shall
be subdivided or divided into any form of time shares, interval ownerships, or fractional
fee.
C. All types of EHU's ssy shsll be leased;but+nly to tenants who are fulllime
employees who work in Eagle County. An EHU shall not be leased for a period less
than thirty consecutive days. For the purposes of this section, a full-time employee is
one who works an average.of-a-minirnum ol thirty hours each week.
I
I\ .- /'t'z '/ '>
r)' ' (<
\.\\ r nt/
1. A Type I EHU may be sold, transferred, or conveyed separately from any
single{amily or two-family dwelling it may be a part of so long as it meets the
conditions set forth in Section 18'57.040 B' 5 of this chapter.
2. A Type ll EHU shall not be sold, transferred or conveyed separately from the
single-family or two{amily dwelling is located within or attached to.
3. A Type lll EHU may be sold, transferred, or conveyed separately from other
dweliing units or employee housing units that may be located on the same lot
or within the same building in which the Type lll EHU is located so long as it
meets the condition set forth in section 18.57.060 B, 11 of this chapter.
4. A Type lv EHU shall not be sold, transfened, or conveyed separately from
othei dwelling units or employee housing units that may be located on the
same lot or witnin the same building in which the Type lv EHU is located.
5. A Type V EHU shall not be sold, translerred or conveyed separately lrom the
single-family dwelling it may be located within or attached to'
Reserved.
.,/ )rt,,t , )-" -
'4v i
)--', ;.,,'
I'F t
,-oir,D.
E.No later than February 1 of each year, the owner of each employee housi it within
the town which is constructed following the effective date ot this chapter submit
two copies of a report on a form to be obtained from the Community
Department, to the Community Development Department of the lot'n of Vail and
Chairman ol the Town of Vail Housing Authority setting forfrl establishing that
the employee houslng unit has been rented throughout the year.6nd that each tenant
who resides within {heir the employeee housing unit is a full-time employee of Eagle
No property containing an EHU shall exceed the maximum GRFA permitted in Title 18
except as provided in sections 18.57.040 84, 18.57.050 85 or 18.57.080 83 of this
chapter.
All trash facilities shall be enclosed.
All surface parking shall be screened by landscaping or berms as per Design Review
Guidelines, Section 18.54.050 D3.
Any applicant who applies for a conditional use permit for the purpose of constructing
employee housing, shall not be required to pay a conditional use permit application
fee.
i I - \L'-tl)" /
F.
G.
H.
t't
,! ;*ll;, 1
',k t
County. fie owner otlh€ uOit
the rate hds by'en c2r{sistent w
18.67,(2a$Y ,./
a
I
I The provisions setforth in Section 18.57.020, subsections B, C, D' and E shallbe
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 of Vail. 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.
Each EHU shall have its own entrance. There shall be no interior access from any
EFIU to any dwelling unit it may be attached to.
The owner of sach EHU shall renl the unit at a monthly rental rats consistent with
those market rates prevalent for similar properties in the Town of Vail'
The Town of Vail Housing Authority witl detennine the market rate based on the study
of other units of comparable size, location, quality and amenities lhroughout the Town.
The market raie shall be based on an average ol a minimur,n of live rental rates of
'i t\,, .,1
t'."/,'l r
III. CLARIFICATION FOR TYPE II EHU'S
Section 18.57.050 Type ll - Employee housing unit.
A. Purpose. To allow for the construction of an EHU on lots in the single{amily, two-
lamily, and primary/secondary zone districts which meet the minimum lot size
requirements for said zone districts.
B. General conditions:
'l . lt shall be a conditional use in the single-family residential, two{amily
residential and primary/secondary residential zone districts.
2. lt shall be permitted only on lots which comply with the minimum lot size
requirements for total lot area of the zone district in which the lot is located.
3. lt shall be located within, or attached to, a single-tamily dwelling or be located
within, or attached to, a tvvo-tamily dwelling pursuant to Section 18.54.0401 -
design guidelines duplex and primary/secondary development. lt may also be
located in, or attached to, an existing garage provided the garage is not located
within any setback, and lurther provided that no existing parking required by the
Town of Vail Municipal Code is reduced or eliminated.
4. lt shall not be counted as a dwelling unit for the purposes of calculating density.
However, it shall contain kitchen lacilities and a bathroom; as defined in
Chapter 18.04 - Definitions of the Vail Municipal Code. lt shall be permitted to
be a third dwelling unit in addition to the two dwelling units which may already
K.
L,
M.
comparable units. lf the unit is not rented
determined to be in noncompliance.
(ord.27 (1eez) SS 1-3: Ord. I (1s92) S 4(part).)
a
I
exist on the lot. Only one Type ll EHU shall be allowed per lot.
5. lt shall have a GRFA not less than three hundred square feet, nor more than
nine hundred square feet. An applicant, however, shall be permitted t0 apply to
the Community Development Department of the Town of Vail for additional
GRFA not to exceed five hundred square leet to be used in the construction of
the EHU. The applicant shall submit an application for the additional GRFA on
a form provided by the Community Development Department. Approval or
denial of the request shall be made by the Design Review Board in accprdance
with Section 18.54.040. ll an applicant obtains Design Review Board approval
for live hundred square feet of additional GRFA for the EHU, he or she shall
not be entitled to receive additional GRFA pursuant to Chapter 18.71 -
Additional Gross Residential Floor Area of this code lor either unit on the lot. lf
an applicant obtains Design Review Board approval for not more than two
hundred fifty square feet of additional GRFA lor the EHU, he or she shall be
enti1ed to receive additionalGRFA pursuant to Chapter 18.71 - Additional
Gross Residential Floor Area of this code for one dwelling unit on the lot.
6. lt shall have nol more than two bedrooms.
7-_ No-more than two adults and one chikJ nsi older than sixteen years of age shall
reside in a one bedrsem Type ll EFlu. No more than two adults and two
ehildren not older than sixteen years of age shall reside in a two bedroom Type
ll'EHu.
B. Each Type ll EHU shall be required to have no less than one parking space for
each bedroom located therein. However, if a one bedroom Type ll EHU
exceeds six hundred square feet, it shall have two parking spaces. All parking
spaces required by this code shall be located on the same lot or site as the
EHU. lf no dwelling exists upon the property which is proposed lor a Type ll
EHU at the time a building permit is issued, or if an existing dwelling is to be
demolished and replaced by a new dwelling, not less than one of the parking
spaces required by this subsection shall be enclosed. A three hundred square
feet GRFA credit shall be allowed for the construction of one enclosed parking
space for the TYPe ll EHU.
(Ord. 8(1992) S 4(part).)
IV. STAFF RECOMMENDATION
Staff believes the proposed changes will make the Employee Housing Ordinance more
eftective. Because an effective ordinance will help the Town meet its Municipal Objectives,
staff recommends approval.
c:\oec\memos\shu.513
i
I ]/,,, ,,,|trt"-^.
MEMORANDUM
Planning and Environmental Commission
Community Development Department
May 23, 1994
A request for amendments to Section 18.57, Employee Housing, to set
forth requirements for renting Employee Housing Units and setting forth
details in regard thereto.
TO:
FROM:
DATE:
SUBJECT:
Applicant:
Planner:
Town of Vail
Andy Knudtsen
I. DESCRIPTION OF THE REOUEST
In conversations with Town Council and Housing Authority recently, Town staff determined
that there were a few minor changes that could be made to the employee housing ordinance
to make it more effective. These include requiring that all employee housing units shall be
rented and requiring that the rental rate be comparable to the market rate.
II. PROPOSED CODE CHANGES
Below is one section from the ordinance showing the proposed changes. The new text is
shown in shade. The text that is proposed to be deleted is shown in everetrike.
18.57.020 Employee housing units (EHU) generally.
A. A chart(2) attached to this chapter and incorporated herein by reference illustrates the
requirements for each type of EHU.
B. No employee housing unit which is constructed in accordance with this chapter shall
be subdivided or divided into any form of time shares, interval ownerships, or fractional
fee.
C. All types of EHU's ssy gh6ll be lease4$+rt+nly to tenanls who are full-time
employees who work in Eagle County. An EHU shall not be leased for a period less
than thirty consecutive days. For the purposes of this section, a full-time employee is
one who works an average of a minimum of thirty hours each week.
1. A Type I EHU may be sold, transferred, or conveyed separately from any
single-family or two{amily dwelling it may be a part of so long as it meets the
conditions set lorth in Section 18.57.040 B, 5 of this chapter.
2. A Type ll EHU shall not be sold, transferred or conveyed separately from the
J
I
3.
4.
single{amily or two{amily dwelling is located within or attached to.
A Type lll EHU may be sold, transferred, or conveyed separately from other
dwelling units or employee housing units that may be located on the same lot
or within the same buibing in which the Type lll EHU is located so long as it
meets the condition set forth in Section 18.57.060 B, 11 ot this chapter.
A Type lV EHU shall not be sold, transferred, or conveyed separately from
other dwelling units or employee housing units that may be located on the
same lot or within the same building in which the Type lV EHU is locatec.
5.A Type V EHU shall not be sold, transferred or
single{amily dwelling it may be located within or
Reserved.
No later than February 1 of each year, the owner gf'each unit within
the town which is constructed following the date of this chapter shall submit
two copies of a report on a form to be from the community development
department, to the Community Development of the Town of Vail and
Chairman of the Town ol Vail Housing setting forth evidence establishing that
thg:efnployeE hou$ir,tg,runit,has,::been:,,r:en!ediand,thal each tenant who resides within
their the employees housing unit is a full-time employee of Eagle County. T,he wnryees housing unit is a full-time employee of Eagle County. T,he wn€f:
l,ialso,,providelentAl:::rate::infofnH$gn':tF,Cnr:rftrrn,:lhat, the,rate has bien
,,fiarkat fat€,,,as. determlned]irl,jsec|iun ::1.:8i5?i020l(L):;
No property containing an EHU shall exceed the maximum GRFA permitted in Title 18
except as provided in Sections 18.57.040 84, 18.57.050 85 or 18.57.080 83 of this
chapter.
All trash facilities shall be enclosed.
All surface parking shall be screened by landscaping or berms as per Design Review
Guidelines, Section 18.54.050 D3.
Any applicant who applies for a conditional use permit for the purpose of constructing
employee housing, shall not be required to pay a conditional use permit application
fee.
The provisions setforth in Section 18.57.020, subsections B, C, D, and E shallbe
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 of Vail. 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.
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.
D.
E.
F.
G.
H.
J.
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III. STAFF RECOMMENDATION
Staff believes the proposed changes will make the Employee Housing Ordinance more
effective. Because an effective ordinance will help the Town meet its Municipal Objectives,
staff recommends approval.
c:\pecvn€rn6\ah u.52 3
being ef f ectlvdy : advertlsed througho ut ilre comm u
(Ord.27 (1992)SS 1-3: Ord.8 (1992)S 4(part).)
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Jeff Bowen agreed with the comments of the other PEC members regarding the
carport issue and felt the tower should be out of the setback.
Allison Lassoe stated that she did not have a problem with the location of the stair
tower, retaining walls, or GRFA in the setback. But, she could not find a hardship to
allow the carport in the setback.
Dalton Williams stated that he liked the idea of the carport but could not find a
hardshio on this site. He stated that he did not have a problem with the location of the
stair tower.
Jeff Bowen stated that he would like to see the stair tower pulled back out of the lront
setback.
Kristan PriE summarized that the PEC would like to see the mass of the structure
pulled back off of the lront of the site.
Kathy Langenwalter stated that the PEC was open to the idea of a variance for
retaining walls on the side of the garage as necessary.
4. A request for amendments to Seclion 18.57, Employee Housing, to set forth
requirements for renting Employee Housing Units and setting forth details in regard
thereto.
Applicant: Town of Vail
Planner: Andy Knudtsen
Andy Knudtsen made a presentation per the staff memo. He went over the four
proposed changes to Section'18.57, Employee Housing, with the PEC. With these
four changes, Andy stated that staff was recommending approval of the proposed
amendments.
Jeff Bowen suggested the addition of the word "however" at the bottom of the
beginning of the last senlence in Paragraph M.
Jay Peterson stated that he had clients that were concerned about the level ol scrutiny
that the Town was subjecting polential owners of employee housing units.
Jeff Bowen stated that the Town needed to take measures to ensure that the
employee housing units were being rented to locals.
Kristan Pritz stated that the purpose of the amendments to this section was lo make
employee housing units available to employees. She added that the Housing Authority
has always had the authority to cite an owner of an EHU who was flagrantly violating
the ordinance (ltem M, Page 3 of statf memo). She stated that ltem L, Page 3 of the
staff memo was written to establish a standard market rate for EHU's in Vail.
Phnning.nd Envifonmont!l Commiition
May 23, 1994
Dalton Williams inquired whether it would help to specify a time period to which the
EHU's should be rented each year and whether it would help the Town determine
compliance with the ordinance.
Jay Peterson stated that this ordinance poses a lot of complications for potential
buyers and that these people may determine that it is not worth the hassle. He added
that he did not {eel that the problem that the employee housing ordinance addressed
existed in Vail.
Kathy Langenwalter stated that they were trying to ensure that the employee housing
units that were built for employees are being used for this purpose.
Galen Aasland stated that he owns an employee housing unit and that he rents out
this unit each month to a couple who work here in Vail. He said that if this ordinance
had been in place when he was contemplating the construction of the employee
housing unit, that he would not have built an employee housing unit. He said that the
proposed amendments to Section 18.57 would discourage people from building
employee housing units.
Kathy Langenwalter staled that this ordinance refers to restricted units and that it
would have no effect on the type of employee housing that Galen himself has and
provides to the community.
Galen stated that he realized this but he still felt that the proposed amendments to this
ordinance were too much regulation.
Jay Peterson stated lhat the people he had spoken to do not object to the reporting s0
much as that there will be a perception lhat the unit will have to be rented.
Dalton Williams stated that he had some changes to the wording including eliminating
the word "location" from Paragraph L. He stated that he would like to see this ilem
tabled since the problem that the proposed amendments address, are not visible in the
Town at this time.
Andy Knudtsen slated that staff wanted to be proactive and get these changes on the
books now so that they do not have problems down the road.
Kristan Pritz added that the Town Council wants these changes to the housing
ordinance made. She added that this would not be a retroactive ordinance.
Allison Lassoe stated that she agreed with staff's proposed amendments to the
employee housing ordinance. She stated that this ordinance was not devised to help
the developers here in town, but ralher to help employees who work in Vail.
Plsnning and Environrlgnlll Commiltion
Mry 23, 1994
Jeff Bowen felt that the units should be rented during a substantial portion of the year
and that this period needed to be delined.
Greg Amsden stated that he did not feel that the word location should be pulled from
the employee housing ordinance. He stated that the existing EHU system seems to
work well and that there are very few violations presently. He felt that the ordinance
should have more positive verbiage in order to encourage people to build employee
housing units. He said that we should not try to discourage people from supplying
employee housing units.
Bob Armour stated that the Town did need some teeth in order to ensure that the
employee housing units get used for the purposes they were built lor.
Bill Anderson stated that the way that ltems L and M are worded was incorrect and
that he agreed with Greg's comment that the verbiage needed to be worded more
positively. He stated that Galen was receiving a benefit economically from having an
employee housing unit as whatever rent he collects has the effect of lowering what he
has to pay for the mortgage. He stated that it would be difficult to determine the
market value.
Kathy Langenwalter agreed with the stalf and supported the change from the "may" to
"shall" in ltem C. She stated that the markel rental rate should be set for employee
housing units. Kathy said that it sounded like the PEC was not opposed to the
changes in the ordinance but that they needed to be worded in a more palatable
fashion.
Jeff Bowen suggested that ltems L and M could be changed so that these sections
reler to other sections of the Code which layout the citation process.
Kathy Langenwalter stated that there seemed to be a consensus of the PEC that the
word "may" should be changed to "shall" in ltem C and that a rental rate was positive.
She suggested that paragraph M be removed from the ordinance.
Kristan PriE asked the PEC what a minimum time period for rental of the employee
housing unit should be per year.
The PEC agreed that six months during the ski season was acceptable. Later in the
discussion, the PEC decided not to include this provision.
Kristan Pritz stated that staff would work with Tom Moorhead on the wording for ltem L
and M.
Greg Amsden asked Tom Moorhead what the market rate referred to and whether this
was considered to be affordable employee housing.
Planning and Environm.ntll Co|'mirrion
May 23, 1994
Tom responded that an individual will be considered out of compliance if they do not
rent the EHU or rent it above market rate-
Kathy Langenwalter stated that this item could be tabled while staff worked on the
changes.
Kristan PriE stated that they would bring this item before the PEC again at the first
meeting in June. She summarized these changes to include:
.Paragraph C: Change "may" to "shall".
.Paragraph E: Add "rented throughout the year".
.Paragraph L: lf not renting or unit is being offered at a rate above the
market rental rate, then there is non-compliance.
.Paragraph M: Remove this paragraph.
Jeff Bowen made a motion to table this item to lhe June 13, 1994 PEC meeting with
Dalton Williams seconding the motion. A 7-0 vote approved this request.
5. A request for an amendment to Section 18.69.050 to clarify how slope is to be
measured and to allow lor 6 loot walls to be constructed in the front setback lor
projects where the average slope of the site beneath the proposed structure and
parking area is in excess of 30% slope.
Applicant: Town of Vail
Planner: George Ruther
George Ruther made a presenlation per the staff memo.
Jefl Bowen made a motion to approve the requested amendments to Section
18.69.050 with Greg Amsden seconding the motion. A 7-0 vote approved item.
6. A requesl for an amendment to Section 18.52 of the Town of Vail Municipal Code, Off-
Street Parking and Loading, to allow for an increase to the parking pay-in-lieu fee.
Applicant: Town of Vail, represented by Mike Rose
Planner: Andy Knudtsen
Andy Knudtsen made a presentation per the staff memo.
Jeff Bowen stated that he felt that lhe increase to $15,000.00 was unreasonable and
questioned where this number came from.
Greg Amsden stated that the comparison Mike Bose used in his memorandum
(attached to statf memorandum) was not a like comparison.
Kristan Pritz stated that there is no additional parking structure being planned.
Pl.nnlng rnd Environmentll Commis!lon
Mry 23, 1994
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
May 23, 1994
A request lor amendments to Section 18.57, Employee Housing, to set
forth requirements for renting Employee Housing Units and setting forth
details in regard thereto.
Applicant:
Planner:
Town of Vail
Andy Knudtsen
I. DESCRIPTION OF THE REOUEST
In conversations with Town Council and Housing Authority recently, Town staff determined
that there were a few minor changes that could be made to the employee housing ordinance
to make it more effective. These include requiring that all employee housing units shall be
rented and requiring that the rental rate be comparable to the market rate.
II. PROPOSED CODE CHANGES
Below is one section from the ordinance showing the proposed changes. The new text is
shown in shade. The text that is proposed to be deleted is shown in everstrike.
18.57.020 Employee housing units (EHU) generally.
A. A chart(2) attached to this chapter and incorporated herein by reference illustrates the
requirements lor each type of EHU.
B. No employee housing unit which is constructed in accordance with this chapter shall
be subdivided or divided into any form ol time shares, interval ownerships, or fractional
fee.
C. All types ol EHU's ssy StJsll be leased$ul+nly to tenants who are full-time
employees who work in Eagle County. An EHU shall not be leased for a period less
than thirty consecutive days. For the purposes of this section, a full-time employee is
one who works an average of a minimum of thirty hours each week.
1. A Type I EHU may be sold, transferred, or conveyed separately from any
single-family or two-family dwelling it may be a part of so long as it meets the
conditions set forth in Section 18.57.040 B, 5 of this chapter.
2. A Type ll EHU shall not be sold, transferred or conveyed separately lrom the
D.
E.
single-family or two{amily dwelling is located within or attached to.
3. A Type lll EHU may be sold, transferred, or conveyed separately from other
dwelling units or employee housing units that may be located on the same lot
or within the same building in which the Type lll EHU is located so long as it
meets the condition set forth in Section 18.57.060 B, 11 of this chapter.
4. A Type lV EHU shall not be sold, transferred, or conveyed separately from
other dwelling units or employee housing units that may be located on the
same lot or within the same building in which the Type lV EHU is located.
5. A Type V EHU shall not be sold, lransferred or conveyed separately from the
single-family dwelling it may be located within or attached to.
Reserved.
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 copies of a report on a form to be obtained from the community development
department, to the Community Development Department of the Town of Vail and
Chairman of the Town of Vail Housing Authority setting forth evidence establishing that
the ernployee houSing unit ha€ b€en rented and that each tenant who resides within
{h€ir the employeee housing unit is a full-time employee of Eagle County. The own€r
of,,lhe:,unitrshall also proVide rental rate information,to:confirm,that the'rate has been
consi$tpnt with market rats a.s:dBtermined, in Section :18,5.7.020(L),
No property containing an EHU shall exceed the maximum GRFA permitted in Title 18
except as provided in Sections 18.57.040 84, 18.57.050 85 or 18.57.080 83 of this
chapter.
All trash facilities shall be enclosed.
All surface parking shall be screened by landscaping or berms as per Design Review
Guidelines, Section 18.54.050 D3.
Any applicant who applies for a conditional use permit lor the purpose of constructing
employee housing, shall not be required to pay a conditional use permit application
fee.
The provisions set forth in Section 18.57.020, subsections B, C, D, and E shall be
incorporated into a written agreemenl 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 ol Vail. 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.
Each EHU shall have its own entrance. There shall be no interior access from any
EHU to any dwelling unit to any dwelling unit it may be attached to.
F.
G.
H.
J.
K.
El
-' 1 t'': ' /'
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' etfective. Therefore, we recommend approval.
qvscvnemc\ehu.523
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