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HomeMy WebLinkAbout2018-10-08 PEC0 PLANNING AND ENVIRONMENTAL COMMISSION TOW?J OF ffl) October 8, 2018, 1:00 PM Town Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 1. Call to Order Present: Brian Gillette, Rollie Kjesbo, Karen Perez and Brian Stockmar Absent: Ludwig Kurz, Pam Hopkins and John Ryan Lockman Main Agenda 2.1. Report to the Planning and Environmental Commission of an administrative 10 min. action regarding a request for a minor amendment to Special Development District (SDD) No. 6, Vail Village Inn, Phases I and 11, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for modifications to the approved development plan in order to permit three (3) building additions totaling 149 square feet to commercial Unit 15 to accommodate increased restaurant seating and a new public entrance, located at 100 East Meadow Drive Unit 15/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC18-0011) (It should be noted that Public Notice was previously provided for this application in March 2018 but the project is being re -noticed due to the lapse in time.) The Town of Vail has received several letters of concern from owners of residential units in an adjacent building (Phase V located at the corner of Meadow Drive and Vail Road). These letters have been included in the packet. Applicant: Gatto Pardo Bianco LLC, represented by Steven James Riden AIA Architect Planner: Jonathan Spence Chair Stockmar asked for commissioner consent to allow public comment on this administrative action. All commissioners agreed. There is no action for the PEC to take but they do have the option to call up the file at a later date to be heard. Planner Spence introduced the project and what this stage of the development proposal entails. Perez asked when this was heard previously. Spence said that it had not been heard because the HOA rescinded their approval and has been working out details with the applicant since then. Stockmar clarified that the letters of concern that we have received have come from neighbors to the west. Spence confirmed and explained that there are multiple HOAs on the property. Gillette asked about the comments regarding 12-9A-4 regarding the major versus minor amendment to an SDD. Spence provided clarification for why this application was determined to be a minor amendment. Stockmar opened public comment Richard Liebhaber, director, officer and owner at Vail Village Inn Phase V Believes the noise will increase and bounce back to the residential units due to the design and "canyon-esque" design of East Meadow Drive, both from the exterior activity as well as noise from within the building. This project combined with the proposed outdoor patio, he believes, is a major amendment. Stockmar asked for commissioner comment. Perez identified the definition of Minor Amendment and spoke to its description. Perez believes that this does impact pedestrian and vehicular circulation. Spence clarified that this application is only related to the additional square footage and that the pedestrian circulation changes do not occur on the property. Steve Riden, architect, asked to clarify a few items. He stated that the entrance will not be changed — the entry door will remain in the same place it is currently located. The proposed additions are beneath areas that are currently cantilevered. Gillette asked about the area shown as an addition at the entryway and if it is truly an addition. Spence explained it is floor area but not currently finished space. Gillette feels that the space behind the existing planter is not currently used as a pedestrian way. Spence agreed and said that the Town public works department has participated in some potential redesign of the right of way at that location but that is not part of this application. Stockmar thinks this is almost entirely an issue for DRB and code enforcement and that the PEC has very little input. He understands the greater question of the proposed patio but that is not for PEC review. He would like to revisit this later if needed but at this time sees no reason to call up this item. Perez asked if the PEC has no oversight regarding public uses in town right of way. Spence said there is none. Perez thinks that is a gap in our code. Spence explained that as the property owner, the town and staff reviews the application. Stockmar asked if any commissioners felt that this item should be called up at a later date. Perez asked for an explanation of an item being "called up." Spence explained that the PEC could request to hear this item at a later date as a regular item, rather than as an administrative report. Stockmar reiterated that anything beyond the proposed additions is not under the purview of the PEC and to act on anything would be premature. With no motion on the table, and no motion required, Stockmar closed the file. 2.2. A request for review of Major Exterior Alteration, pursuant to Section 12-71-1- 5 min. 7, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of a new multifamily structure with below grade parking, located at 500 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0034) The applicant has requested that this item be tabled to the October 22, 2018 regularly scheduled meeting of Planning and Environmental Commission. Applicant: Lazier Lionshead LLC, represented by Braun Associates Inc. Planner: Jonathan Spence Rollie Kjesbo moved to table to October 22, 2018. Karen Perez seconded the motion and it passed (4-0). Absent: (3) Hopkins, Kurz, Lockman 2.3. A request for the review a variance from Section 12-7H-10, Setbacks, Vail 5 min. Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a side setback of zero feet (0') where ten feet (10') is required for a new multifamily structure, located at 500 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC 18-0036) The applicant has requested that this item be tabled to the October 22, 2018 regularly scheduled meeting of Planning and Environmental Commission. Applicant: Lazier Lionshead LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence Karen Perez moved to table to October 22, 2018. Rollie Kjesbo seconded the motion and it passed (4-0). Absent: (3) Hopkins, Kurz, Lockman 2.4. A request for a recommendation to the Vail Town Council for a Prescribed 5 min. Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, to allow for an increase in the maximum size of a Type III Employee Housing Unit. (PEC18-0031) The applicant has requested that this item be tabled to the November 12, 2018 regularly scheduled meeting of Planning and Environmental Commission. Applicant: Mauriello Planning Group Planner: Chris Neubecker Brian Gillette moved to table to November 12, 2018. Rollie Kjesbo seconded the motion and it passed (4-0). Absent: (3) Hopkins, Kurz, Lockman 3. Approval of Minutes 3.1. September 24, 2018 PEC Results Rollie Kjesbo moved to table to October 22, 2018. Karen Perez seconded the motion and it passed (4-0). Absent: (3) Hopkins, Kurz, Lockman 4. Adjournment Rollie Kjesbo moved to adjourn. Karen Perez seconded the motion and it passed (4-0). Absent: (3) Hopkins, Kurz, Lockman The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: October 8, 2018 ITEM/TOPIC: Report to the Planning and Environmental Commission of an administrative action regarding a request for a minor amendment to Special Development District (SDD) No. 6, Vail Village Inn, Phases I and II, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for modifications to the approved development plan in order to permit three (3) building additions totaling 149 square feet to commercial Unit 15 to accommodate increased restaurant seating and a new public entrance, located at 100 East Meadow Drive Unit 15/1-ot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC18-0011) (It should be noted that Public Notice was previously provided for this application in March 2018 but the project is being re -noticed due to the lapse in time.) The Town of Vail has received several letters of concern from owners of residential units in an adjacent building (Phase V located at the corner of Meadow Drive and Vail Road). These letters have been included in the packet. ATTACHMENTS: File Name PEC18-0011 SDD No 6 Approval Letter 100 E Meadow Dr.pdf Approved Plans.pdf 10.3.18 Response to CDD Notice.pdf 10042018 PEC Letter.pdf PEC Follow on Letter 10-4-18.pdf Description Staff Approval Lett to PEC and SDD members, 09/20/2018 Approved Plans, 08/02/2018 Letter of Concern, Meadow Drive Ventures, 10-03-2018 Letter of Concern, Village Inn Plaza Phase V Owners, 10-04-2018 Letter of Concern, Village Inn Plaza Phase V Condominium Association, 10-04-2018 TOWN OF VAIL 75 South Frontage Road West Vail, Colorado 81657 vailgov.com September 20, 2018 Town of Vail Planning and Environmental Commission Steven James Riden AIA Architect 115 G Street Salida, CO 81201 Community Development Department 970.479.2138 Re: Report to the Planning and Environmental Commission of an administrative action regarding a request for a minor amendment to Special Development District (SDD) No. 6, Vail Village Inn, Phases I and II, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for modifications to the approved development plan in order to permit three (3) separate building additions totaling 149 square feet to commercial Unit 15, to accommodate increased restaurant seating and a new public entrance, located at 100 East Meadow Drive Unit 15/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC18-0011) (It should be noted that Public Notice was previously provided for this application in March 2018 but the project is being re -noticed due to the lapse in time.) Applicant: Gatto Pardo Bianco LLC, represented by Steven James Riden AIA Architect Planner: Jonathan Spence Dear PEC members, Gatto Pardo Bianco LLC, Steven James Riden AIA Architect, and adjacent property owners: The purpose of this letter is to inform you that Town of Vail Community Development Department has approved a minor amendment to Special Development District No. 6, Vail Village Inn, Phases I & II. This approval allows for the construction of two 52 square foot additions to the southern facade for additional restaurant seating and a 45 square foot addition to the west facade for a new public entrance. The Community Development Department finds that approval of this minor amendment request meets the criteria in Section 12-9A-8, Vail Town Code. The amendment does not alter the basic intent and character of Special Development District No. 6, Vail Village Inn. The amendment will continue to be compatible with the neighborhood and other uses. The approval of this minor special development district amendment will be reported at a public hearing before the Town of Vail Planning and Environmental Commission at 1:00 PM on Monday, October 8, 2018 in the Vail Town Council Chambers, located at 75 South Frontage Road. Should you have any questions, please do not hesitate to contact me at 970-479-2440, or jspence(a)vailgov.com Sincerely, Jonathan Spence Senior Planner Attachment: Approved site plans and elevations, dated 08-02-18 ------------- 0 _-----========= 9-1 L w (� O x ad 30 3 a3wd 3o a3aw3w / •� Q O MMo nn W ono-cecau so-cse oov�oro� vm�vs 'iaaw.s o s oavxo'IoD'IrvA a 11) -> m R 0 N O -0 r O0- i L Q� i C L ,0) Q a std�#TTnn�ofT#rTnnania�aTIAO a) C: _0 T .� N N U n-47— L I HD HV N.UIu Szlwvf NHAH,LS �avLEW T`is�vaOOTI ------------- 0 _-----========= 9-1 L w (� O / •� Q O MMo nn W _w L� O (6 p (�r �_ N 11) -> ti 0 N O -0 O "_ � O0- i L Q� i C L ,0) Q a Q m -00 � a) C: _0 T .� N N U n-47— L x ad 30 3 S sN5 d 5a3wd 3o a3aw3w o550-baEb� a �D �s 3 s 511 I I HD HV N.Ulu Szlwvf NHAHZS oavxo'IoD'IrvA TT ��TT 9T#TT nnWof# JJNa JAiaa IAOCIV W ITSva OOT _ � m R _ o Meadow Drive Ventures, Inc. Email: rbruckmann@gmail.com October 3, 2018 Via Electronic Mail Jonathan Spence Community Development Department 75 South Frontage Road West Vail, Colorado 81657 Tel. (970) 479-2138 Email: jspence@vailgov.com Re: Response Requesting Reconsideration of Community Development Department ("CDD") September 20, 2018 Notice Regarding 3 Separate Building Additions to Unit 15, 100 East Meadow Drive Dear Jonathan: Thank you for providing notice of the Community Development Department's renewed intent to report an approval of three separate building additions to commercial Unit 15 of Vail Village Inn, Phases I and II, at the October 8, 2018 public hearing before the Town of Vail Planning and Environmental Commission. On behalf of Meadow Drive Ventures, Inc., which owns residential units in the adjacent Phase V building located at the corner of Vail Road and Meadow Drive, I am writing to remind you of the same concerns that I previously raised in my April 4, 2018 response to the CDD's March 21, 2018 notice, and to request that the CDD reconsider and deny or at least withhold approval of the proposed additions "to accommodate increased restaurant seating and a new public entrance" for the following reasons. First, the proposed additions still do not appear to qualify as minor amendments and are therefore not subject to CDD approval because (i) they involve variations of more than five feet to the building's footprints; and (ii) they will adversely impact pedestrian and vehicular circulation in special development district 6 ("SDD6"). For this reason alone, the applicant and adjacent property owners should be afforded the heightened review procedures required for major amendments under Town Code § 12-9A-4, including the ability to submit comments in advance of any approval. With respect to pedestrian circulation—an integral part of both the SDD6 development and the very character of the Town—the proposed additions appear to represent the first step in a plan that will significantly impair pedestrian linkage by eliminating much of the sidewalk between Unit 15 and Meadow Drive. Because the plans associated with the potential outside patio space are {M 1423782.1 } Page 2 neither finalized nor approved, the approval of the related building additions should be withheld or denied at this time. Parking is also a real concern warranting reconsideration. The existing parking available for SDD6 falls short of conforming to the parking requirements contained in the SDD6 development plan and the ordinances authorizing the different phases of the SDD6 development. These parking requirements, which the Town previously deferred until the redevelopment of Phase IV, remain unsatisfied. At least until the existing SDD6 parking requirements are met, any approval of commercial development that would result in increased restaurant operations or vehicular traffic should be withheld. Furthermore, the proposed commercial additions in the heart of an already established residential community do not meet the criteria in Town Code § 12-9A-8 because the expansion of a restaurant with a projected 2:00 a.m. closing time risks diminishing the character of SDD6 as a resort and residential community of the highest quality. Indeed, if Unit 15's restaurant expansion goes forward, then the many owners and occupants of adjacent or nearby hotels and residential properties will very likely experience a deterioration in the use and quiet enjoyment of their properties. At the very least, any restaurant expansion in SDD6 should be conditioned upon a midnight closing time, consistent with the closing time of adjacent restaurants, such as La Bottega. Such an approach would at least demonstrate a more balanced sensitivity to the character of the immediate neighborhood. Finally, and in the unlikely event that the CDD decides to proceed with its approval report on October 8, 2018, please do make very clear that although the drawings attached to the CDD's notice depict additional modifications, any approval is limited to the building additions totaling 149 square feet to commercial Unit 15. Please also include a copy of this correspondence in any report related to the proposed development. Thank you again for your notice, your time, and your careful consideration regarding this matter. Sincerely, r Ronald D. P. Bruckmann As Vice President of Meadow Drive Ventures, Inc. {N11423782.11 October 4, 2018 VIA ELECTRONIC MAIL Mr. Jonathan Spence, Planner Town of Vail Community Development Department 75 South Frontage Road West Vail, CO 81657 Tel: (970) 479-2138 Email: jspence@vailgov.com In re: PEC18-0011 Application to Amend SDD6 @ 100 E Meadow Drive by Gattopardo Bianco Dear Mr. Spence, Thank you for the letter sent on September 20 relating to the above referenced matter. Earlier this year, on April 4, we submitted a letter to you regarding this proposed project. As the matter has again come before the Town's PEC committee for review and approval, we wished to re -affirm our prior comments and submit new ones to you and the Committee for consideration. We can see that there have been changes made to the current proposal. If we are understanding them correctly, we feel these are, on net, positive, but we do continue to have concerns that we wish to share. While we would suggest that a main entrance might be better located on the Southeastern corner of the establishment, the elimination of an on -grade main entrance at the West side of the property is an improvement. However, we still have serious concerns about how the proposed alterations may impact the surrounding properties, the quiet enjoyment of their occupants and, potentially, their property values. We are aware of numerous complaints having been made to the VPD about Barrio Social's operations earlier this year relating to late night noise. We have serious concerns that that this nuisance activity will continue unabated. We also observed, on numerous occasions, patrons in the street impeding the bus path on East Meadow Drive in front of Barrio Social, which was unsafe. And, we have health concerns about smoking and nuisance cooking odors that will likely emanate from patrons and the kitchen exhaust. We also understand that the Town has categorized our concerns as operational and, thus, would not consider them, but we view this application with the PEC, the application pending before the DRB (relating to a concurrently -proposed patio) and the operations as one. And, when viewed in total, this is a large project, with significant potential to create disruptions and disturbances. We, therefore, don't distinguish between the violations themselves and the approvals that create or exacerbate them. To do so is the equivalent of parsing a project down to thousands of individual applications for single nails or screws and then ignoring the bigger picture. We would think a broader review that encompasses the entire scope of the project to be a more sensible approach. Accordingly, given these historical violations, potential impacts and articulated concerns, we again request that this project be considered and treated as a major amendment, which solicits public input, further discussion and careful analysis and not as separate applications which can be passed without regard for the overall result. Further, we request that the appropriate parties undertake, produce and share impact studies for consideration regarding pedestrian access, crowding, noise, smoking and cooking odors. We do plan on appearing at the October 8 hearing and hope we will be given the opportunity to voice our points of view. Thank you for your consideration. Sincerely, Richard Liebhaber Village Inn Plaza Phase V - Unit 11 John Glenn Village Inn Plaza Phase V - Unit 12 Konrad Oberlohr Village Inn Plaza Phase V - Unit 13 Karin Wagner Village Inn Plaza Phase V - Unit 14 VILLAGE INN PLAZA -PHASE V CONDOMINIUM ASSOCIATION 100 EAST MEADOW DRIVE VAIL, CO 81537 October 4, 2018 Jonathan Spence, Senior Planner Community Development Department Town of Vail 75 South Frontage Road Vail, CO 81657 Re: Application of Gattopardo Bianco LLC c/o Steven Riden, AIA File No. PEC 18-0011 Unit 15, Lot O, Block 51), Vail Village Filing 1 Dear Mr. Spence: I am taking this opportunity to reiterate the concerns contained in my letter to you of April 4, 2018 relating to the above. Instead of restating the points made, it would be appreciated if you would insure that letter, together with this one, are placed in the PEC's file prior to the hearing currently scheduled for October 8, 2018. As disconcerting as it is, the safety, nuisance, and quiet enjoyment concerns set out in the April 4, 2018 letter turned out to be a foreshadowing. Specifically, I have been advised that complaints were received by the VPD underscoring the need for this project to be considered and treated as a major amendment requiring public input, further discussion and thoughtful analysis. Thank you for your continued efforts. VILLAGE INN PLAZE-PH V CONDOMINIUM ASSOCEI By: Samuel G. Griffin III, President VILLAGE INN PLAZA -PHASE V CONDOMINIUM ASSOCIATION 100 EAST MEADOW DRIVE VAIL, CO 81537 April 4, 2018 Jonathan Spence, Senior Planner Community Development Department Town of Vail 75 South Frontage Road Vail, CO 81657 Re: Application of Gattopardo Bianco LLC c/o Steven Riden, AIA File No. PEC18-0011 Unit 15, Lot O, Block 5D, Vail Village Filing 1 Dear Mr. Spence: This letter is written in my capacity as President and Director of the Village Inn Plaza -Phase V Condominium Association, and as an owner of a residential unit in Phase V. We ask that the Community Development Department withdraw its approval of the Application, that the Application be restored to a Major Amendment to Special Development District No. 6 (SDD6) and that the hearings presently planned for the Planning and Environmental Commission (PEC) be vacated. Our reasons for this request are as follows: 1. The project is not a minor amendment to SDD 6. Although not entirely clear from the renderings we have seen displayed at Barrio Social, the building footprint and set backs are altered more than the five feet maximum allowed for minor amendments. See Vail Town Code, § 12-9A-2. We ask the project be reclassified to a Major Amendment for further proceedings. 2. The project is not consistent with the basic intent of SDD6. SDD6 was originally approved as a mixed commercial and residential district along East Meadow Drive. The project narrows the pedestrian pathway between East Meadow Drive and the exterior patio that experiences consistent heavy pedestrian use'. The project degrades the safety of the existing circulation of pedestrians and vehicles along East Meadow Drive inconsistent with design criteria 12-9A-8(7) of the Vail Town Code. See also Goal #3 of the Vail Village Master Plan. 3. The project increases the risk of nuisance behavior. The project alters the entrance to Unit 15 so that patrons enter and exit from the west in a corridor between Unit 15 and Phase V. The exterior patio faces East Meadow Drive. Noise from the patrons exiting the west side will echo through ' East Meadow Drive is already a "busy" thoroughfare. In addition to pedestrians, bicyclists, skateboarders, dog - walkers, skiers and shoppers, there are buses (often two abreast), delivery trucks (food & FedEx/UPS), construction contractors and other vehicles (for example, vehicles going to the Talisman). And, these are just the "legitimate" ones. Many vehicles use this stretch of East Meadow as a "pass-through" driving along it rather than correctly diverting around it. These vehicles vary in size from passenger cars to semi -trucks and trailers and ToV buses. Taking away a sidewalk by adding a patio and extending a building's footprint out narrows it even further and chokes it down even more. Further note should be made that the summer markets are already congested to the point that they are difficult to impossible to navigate. April 4, 2018 Page 2 the corridor and bounce off adjacent buildings. Noise from the patio will bounce off buildings across the street due to the "Canyon effect." Phase V residentsz have experienced especially loud and offensive behavior from after -midnight patrons exiting adjacent restaurant and bars awakening them at night and interfering with their rest. As currently designed, the project will increase this risk. The proposed project does not comply with design criteria 2 since the proposed use will exacerbate the noise and patron nuisance caused by other establishments operating after midnight. We are not opposed to the concept of new businesses or restaurants. However, we do oppose any new establishments that are likely to impair pedestrian and traffic flow or create loud and offensive noise and disruption by patrons impacting the large number of residents and tourists in the area. Thank you for your attention to this letter. VILLAGE INN PLAZE-PHASE V CONDO INIUM AS By Samuel G. Griffin , sident SSG/ms 2 Understanding the impact on adjacent and nearby properties as it relates to this application should be important to the ToV in its efforts to be balanced . There are many nearby accommodations directly impacted by the noise and disruptive conduct experienced by Phase V occupants from the nearby restaurants and bars open past midnight. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: October 8, 2018 ITEM/TOPIC: A request for review of Major Exterior Alteration, pursuant to Section 12-71-1-7, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of a new multifamily structure with below grade parking, located at 500 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0034) The applicant has requested that this item be tabled to the October 22, 2018 regularly scheduled meeting of Planning and Environmental Commission. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: October 8, 2018 ITEM/TOPIC: A request for the review a variance from Section 12-71-1-10, Setbacks, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a side setback of zero feet (0') where ten feet (10') is required for a new multifamily structure, located at 500 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0036) The applicant has requested that this item be tabled to the October 22, 2018 regularly scheduled meeting of Planning and Environmental Commission. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: October 8, 2018 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, to allow for an increase in the maximum size of a Type III Employee Housing Unit. (PEC18-0031) The applicant has requested that this item be tabled to the November 12, 2018 regularly scheduled meeting of Planning and Environmental Commission. ATTACHMENTS: File Name Description PEC18-0031 EHU Type III Text Amendment Staff Memo.pdf Staff Memorandum Applicant Narrative Type III EHU Text Amendment.pdf Attachment A - Applicant Narrative TOWN OF Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 10, 2018 SUBJECT: A request for a recommendation to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, to allow for an increase in the maximum size of a Type III Employee Housing Unit. (PEC18-0031). Applicant: Simon Hamui, represented by Mauriello Planning Group Planner: Chris Neubecker SUMMARY The applicant, Simon Hamui, represented by Mauriello Planning Group, requests the review of a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, to allow for an increase in the maximum size of a Type III Employee Housing Unit from 1,200 square feet to 2,500 square feet. II. DESCRIPTION OF REQUEST The applicant is proposing to amend the chart in Section 12-13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, to increase the maximum size of a Type III Employee Housing Unit (EHU) from 1,200 square feet to 2,500 square feet. The only proposed change to the regulations is the size of this one type of EHU. The current regulations state: `A. Dwelling unit: 300 sq. ft. minimum and 1, 200 sq. ft. maximum." III. BACKGROUND In January 1990, the Town of Vail requested that Town staff develop a series of policies and recommendations to address the community's need to expand the supply of affordable housing for both year round and seasonal residents. As part of this initiative, the Town also commissioned an Affordable Housing Study ("Study"). One of the recommendations of the Study was the to define an Affordable Housing Unit, which was recommended to range from 450 to 900 square feet in size, and which would be counted as 0.5 dwelling units for purposes of density. These affordable housing units were proposed in the following zone districts: Residential Cluster (RC), Low Density Multiple -Family (LDMF), Medium Density Multiple Family (MDMF), High Density Multiple -Family (HDMF), Commercial Core I (CC1), Commercial Core II (CC2), Commercial Core III (CC3), Commercial Service Center (CSC), Arterial Business District (ABD), Public Use District (PUD). On September 1, 1992 the Vail Town Council adopted Ordinance 9, Series of 1992. This ordinance created a new chapter in the Vail Town Code on Employee Housing. The ordinance placed size limits on Type III EHUs ranging from 450 to 900 square feet. The new regulations also assigned a density of 0.5 dwelling units to each Type III EHU. This ordinance included the same zone districts as recommended in the Affordable Housing Study, with two additional zone districts. The ordinance allowed Type III EHUs in the following zone districts: Residential Cluster (RC), Low Density Multiple -Family (LDMF), Medium Density Multiple Family (MDMF), High Density Multiple -Family (HDMF), Public Accommodation (PA), Commercial Core I (CC1), Commercial Core II (CC2), Commercial Core III (CC3), Commercial Service Center (CSC), Arterial Business District (ABD), Parking District (P), Public Use (PUD), and Ski Base/Recreation (SBR). On July 19, 1994, the Vail Town Council adopted Ordinance 14, Series of 1994. This ordinance reiterated that a Type III EHU shall be between 450 and 900 square feet, and was calculated as 0.5 dwelling units for purposes of density. The largest EHUs at the time were Type I EHUs, which were allowed in the Primary/Secondary (PS) zone district and were allowed to be up to 40% of the allowable Gross Residential Floor Area (GRFA). Within the Hillside Residential (HR) zone district, Type V EHUs were allowed up to 1,200 square feet. In each case, the EHU was counted as 1.0 units of density. On April 18, 2000, the Vail Town Council adopted Ordinance 6, Series of 2000, which repealed and re-enacted Title 12, Chapter 13, relating to Employee Housing. As part of this ordinance, the size limit for Type III EHUs was increased from 900 square feet to 1,200 square feet. These changes were adopted partly in response to the Vail Tomorrow planning process, where the community indicated support for providing more incentives for private developers to create employee housing units. Town of Vail Page 2 IV. PROPOSED TEXT AMENDMENT LANGUAGE The Prescribed Regulation Amendment is proposed to amend the one sentence in the existing chart within Section 12-13-4. EHU Zoning Districts Permitted By Right Ownership / Transference Additional GRFA Additional Site Coverage/ Reduced Landscape Area Garage Credit / Storage Requirement Parking Minimum/ Maximum GRFA Of An EHU Density Type The EHU may be The EHU is n/a n/a Per The EHU III sold or transferred excluded from chapter 10 A. Dwelling is excluded separately. the calculation of this title unit: 300 sq. from the of GRFA. as a ft. minimum calculation dwelling and X09 of density. unit. 2,500 sq. ft. maximum B. Dormitory unit: 200 sq. ft. minimum for each person occupying the EHU. V. ROLES OF REVIEWING BODIES Order of Review: Generally, prescribed regulations amendment applications will be reviewed by the Planning and Environmental Commission, and the Commission will forward a recommendation to the Town Council. The Town Council will then review the prescribed regulations amendment application. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a prescribed regulations amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board has no review authority over a prescribed regulations amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a prescribed regulations amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate Town of Vail Page 3 requirements of the Town Code. Staff also prov des the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. VI. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the adopted master plans and Vail Town Code are relevant to the review of this proposal: Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2: Purpose.- A. urpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes.- 1. urposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off-street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Town of Vail Page 4 12-13-1: PURPOSE: The town's economy is largely tourist based and the health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a strong, high quality and consistently available work force. To achieve such a work force, the community must work to provide quality living and working conditions. Availability and affordability of housing plays a critical role in creating quality living and working conditions for the community's work force. The town recognizes a permanent, year round population plays an important role in sustaining a healthy, viable community. Further, the town recognizes its role in conjunction with the private sector in ensuring housing is available. (Ord. 9(2007) § 1) 12-13-2: APPLICABILITY: A. The requirements of this chapter shall be in addition to the requirements set forth in each zone district where employee housing units (EHUs) are permitted or required, subject to subsection C of this section. B. Where the provisions of this chapter conflict with the provisions of any other chapter, the provisions of this chapter shall control, subject to subsection C of this section. C. This chapter shall not apply to any EHU constructed on or after May 1, 2007, in any zone district that is subject to the requirements of chapter 23 or 24 of this title. (Ord. 9(2007) § 1) 12-13-3: GENERAL REQUIREMENTS: A. Deed Restriction, Occupancy Limitations, And Reporting Requirements - Types 1 11 111, And V.- 1. : 1. No EHU shall be subdivided or divided into any form of timeshare, interval ownerships, or fractional fee. 2. For EHUs which are required to be leased, they shall only be leased to and occupied by tenants who are full time employees who work in Eagle County. An EHU shall not be leased for a period less than thirty (30) consecutive days. An EHU shall be continuously rented and shall not remain vacant for a period to exceed three (3) consecutive months. 3. Thirty (30) days prior to the transfer of a deed for an EHU, the prospective purchaser shall submit an application to the administrator documenting that the prospective purchaser meets the criteria set forth herein and shall include an affidavit affirming that he/she meets these criteria. Town of Vail Page 5 4. No later than February 1 of each year, the owner of an EHU shall submit a sworn affidavit on a form provided by the town to the community development department containing the following information.- a. nformation: a. Evidence to establish that the EHU has been occupied throughout the year by an employee,- b. mployee,b. The rental rate,- c. ate,c. The employer; and d. Evidence to demonstrate that at least one tenant residing in the EHU is an employee. 5. The deed restriction setting forth the provisions of this subsection A shall be provided by the town. Said deed restriction shall run with the land and shall not be amended or terminated without the written approval of the Vail town council. Said restriction shall be recorded by the town at the Eagle County clerk and recorder's office prior to the issuance of a certificate of occupancy. B. Development Standards.- 1. tandards: 1. No structure containing an EHU shall exceed the maximum GRFA permitted in this title except as specifically provided herein. 2. All trash facilities shall be enclosed. 3. All surface parking shall comply with chapter 11 of this title. 4. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit it may be attached to. 5. An EHU may be located in, or attached to, an existing garage (existing on or before April 18, 2000, and whether located in a required setback or not), provided that no existing parking required by this code is reduced or eliminated. A type 1 EHU of five hundred (500) square feet or less of GRFA may be considered for physical separation from the primary unit, if it is constructed in conjunction with a two (2) car garage and is otherwise compatible with the surrounding properties, does not have an adverse impact on vegetation, and does not dominate the street. The design review board shall review such requests for separation. 6. All EHUs must contain a kitchen or kitchenette and a bathroom. 7. Occupancy of an EHU shall be limited to the maximum of two (2) persons per bedroom. C. Application Requirements.- 1. equirements:1. Applicants for a conditional use permit for the purpose of constructing EHUs shall not be required to pay a conditional use permit application fee or design review application fee. Town of Vail Page 6 2. A development review application for a conditional use permit for the purpose of constructing EHUs is subject to review and approval by the planning and environmental commission as provided in chapter 16 of this title. 3. EHU applications which do not require a conditional use permit shall be reviewed by the department of community development subject to a design review application. 4. A development review application for a type 11 EHU shall include the signatures of all owners of the property (i.e., both sides of a duplex) or there shall be a letter accompanying the application from all owners agreeing to the addition of an EHU. Applications will not be accepted unless this provision is met. 5. Any existing legal nonconforming dwelling unit in the town may be converted to an EHU administratively by the town without obtaining a conditional use permit. Dwelling units and lock off units which exist as of the date hereof but which are nonconforming with respect to density and GRFA may be converted to a conforming EHU administratively by the town, as long as they otherwise comply with the development standards and parking requirements found herein and comply with the town's building code requirements. Upon being converted to an EHU per this section, such dwelling unit shall be considered a legally conforming EHU and shall be governed by all requirements of this chapter. D. Enforcement: All EHUs governed by this chapter shall be operated and maintained in accordance with this title. Failure to do so may result in enforcement proceedings in a court of competent jurisdiction and in accordance with chapter 3 of this title. E. Written Management Plan For Type VI EHUs: For the purposes of this title, a type VI EHU is an EHU which shall be governed by a written management plan or other written program approved by the planning and environmental commission. The management plan is the principal document in guiding the use of a type VI EHU. The management plan shall be reviewed and approved by the planning and environmental commission as part of the conditional use permit application for a type VI EHU in accordance with chapter 16 of this title. 1. Management Plan Contents.- a. ontents:a. Parameters: The management plan shall include all relevant material and information necessary to establish the parameters of the type VI EHUs. b. Exclusive Use: The management plan shall demonstrate that the type VI EHUs are exclusively used for and remain available for employee housing. c. Notice Of Record: The management plan shall provide a mechanism to provide adequate notice of record to prospective owners to ensure that the requirements of the plan shall be met with any future changes in ownership. d. Occupancy: The management plan shall include adequate provisions to ensure that the EHUs shall be occupied, and shall not remain vacant for a period to exceed three (3) consecutive months. Town of Vail Page 7 e. Affidavit: No later than February 1 of each year, the owner of a type VI EHU shall submit to the department of community development one copy of a sworn affidavit on a form from the department of community development, to establish that the EHU has been used in compliance with the management plan. f. Other Items: The management plan shall include such other items as the planning and environmental commission or the administrator deems necessary. 2. Amendments: Amendments to an approved management plan shall be reviewed by the planning and environmental commission in accordance with this section. 3. Findings: In addition to the findings in subsection 12-16-68 of this title, the planning and environmental commission shall make the following findings before approving a management plan.- a. lan:a. That the management plan is in accordance with the intent and purposes of this chapter and chapter 6, article 1 of this title. b. That the management plan effectively provides employee housing. c. That the management plan effectively provides for adequate notice to prospective owners of the requirements of the management plan and the occupancy requirements for a type VI EHU. 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N N p i N O E W O O O O (0 .Q) E. aZ) Q) E N O N N pvi N N 0 0 0Q) °'`° '`° '`° '`° -coo a U U U U O) � O O O O O U 1— ,O ,O I =WUUUU QJJ O O H 5 5 m �— Z-- ?--,E S U �C_) 'm E O O H a\ \ »� 2 LUa % m� a\ e%m2c 6 § a E § 04 �\\ ƒ\ oQa §¥§# INa \ co k ; \- \�% CJ \/ Q) � co / t&/o §7 $%/¥\§# CL -a coE�a,N a \ f c a\� \k�/ %\\\ 6§a\ m%R±y®R . \Co I¥}t\\ƒ\f ems°Z)a-n 6\/I\/[/\ / \/ ^> a ccm 6 (\ a� # om am§ SS\ ccE ® a 22 22 /SSSS% \\o \ Vim%$$$$ § ¥¥§ \))[ G§? \\ a ebC.) 3\\8 ®®§ aZ3 m %%%\ba Q) m000Q) mmm®b% @ coca z 2 G\/c �.\\2EEEE32\\2 mm2 �E�33EEEEc%cc3 ��G\\c �f/\////3\\\\a\\��\§ \04/\c�\§ e Q o » a oww� �S'E§\ Town Council Action Plan 2018-2020 Our Mission.- Grow ission: Grow a vibrant, diverse economy and community and preserve our surrounding natural environment, providing our citizens and guests with exceptional services and an abundance of premier recreational, cultural and educational opportunities. Community - Goals Engage our community in honoring social, recreational, cultural, and educational values that will guide sustainable strategies throughout our neighborhoods as the foundation of our town's continued success. Ensure that our citizens are afforded the opportunity to live and thrive in our community. • Balanced community composition • Housing as necessary infrastructure to our community Vail 2020 Strategic Action Plan Land Use Goal #4: Provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. • Address the zoning regulations to provide more incentives for developers to build employee housing units. Environmental Sustainability • Support employee housing initiatives in order to reduce trips into Vail. Housing Goal: The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town, and will provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. Vail Land Use Plan 1. General Growth / Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3. The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5. Residential 5.3. Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. 5.5. The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Vail Housing 2027 "The Town of Vail will acquire 1,000 additional resident housing unit deed restrictions by the year 2027. " VII. ISSUES FOR CONSIDERATION Purpose of Size Limits - Staff has researched the records on employee housing, but we could find no definitive reason for the size limit of 1,200 square feet. In 1990, the Town of Vail commissioned the Vail Affordable Housing Study. This study recommended a definition of Affordable Housing Unit, which was proposed to range from 450 — 900 square feet. The purpose of this section of the study was "to encourage the provision of affordable housing units in a manner which is cost effective and at the same time provides a quality living environment for its occupants in a manner that is sensitive to a neighborhood's scale, density, and overall design." Staff can only speculate that in 1992 there was intent to place both lower and upper size limits on Type III EHUs. The lower limit of 450 square feet would ensure that units meet minimum sizes for livability. The upper limit of 900 square feet may have been included to encourage more units of reasonable size, and to keep units affordable. However, we have not found evidence in the Town's records to confirm this theory. In 2000, the size limit was increased to 1,200 square feet in response to community support during the Vail Tomorrow process to create more incentives for private developers to create employee housing. More units of smaller size, which tend to be less expensive than larger units, would help to address the housing needs for workers on the lower end of the pay scale (retail, restaurant, lodging, skier services, and other service workers, for example). Larger EHUs would more likely be occupied by groups of workers, or by employees earning higher wages. Diversity of Housing Sizes — The proposal to increase the size limit for Type III EHUs could result in some larger dwelling units. From a policy perspective, larger units may be considered either positive or negative. Larger units could allow families with children Town of Vail Page 14 to reside in EHUs, and may prevent some employees and families from moving down valley to obtain larger homes that they can afford. On the negative side, larger units would likely be less affordable, and may be occupied by workers who might also be able to afford a market rate unit, thereby competing with people who may need more housing assistance. Smaller EHUs would help to keep the prices down, while larger units help address a different segment of the employee housing market that are limited in supply, those being affordable or deed -restricted EHUs for families. The recently completed Chamonix Vail neighborhood is an example of some larger EHUs. Homes in Chamonix Vail range from 1,143 square feet to 2,002 square feet. Affordability — As mentioned above, smaller EHUs will tend to be less expensive than larger units, subject to location, quality and amenities. While Type III EHUs are not controlled for rental or sales price, larger units will likely cost more, and will be targeted to a different buyer or tenant. Impacts on Mass and Scale — Type III EHUs are not counted as density, and do not count towards the Gross Residential Floor Area (GRFA) of the property. As a result, allowing larger Type III EHUs could result in larger buildings. Developments will still have to meet the established requirements for site coverage, building height, and setbacks. It is important to point out that Type III EHUs are allowed primarily in higher density areas of town, including multiple family, accommodation and commercial zone districts. The types of structures most common in these zone districts are multiple family structures, and enlarging existing Type III EHUs in existing buildings may be difficult. Alternatives to Code Amendment — In addition to amending the current code, one alternative would be for applicants wishing to build larger Type III EHUs to seek a variance. This route would be preferable over changing the Town Code for one applicant, if there were some unique circumstance applicable to one property. However, there may be other applicants that wish to take advantage of the proposed policy amendment. In addition, the variance criteria are intended to address physical hardships relating to the land, building or property. The applicant is not claiming any particular hardship with the current size limit of 1,200 square feet. VIII. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Staff finds the prescribed regulation amendment furthers the general and specific purposes of the zoning regulations by promoting a variety of employee housing sizes, which helps to address the desire for a variety of residents in the community, while maintaining established community qualities and economic values. Staff finds that this criterion has been met. Town of Vail Page 15 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Staff finds that the proposed prescribed regulations amendment will better implement or achieve some applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan. Specifically in the Vail Land Use Plan's adopted Goals and Policies, Town Council Action Plan 2018-2020 goals for creating a balanced community, and the Vail 2020 Strategic Action Plan. The most relevant sections of the Vail Land Use Plan include the following statements: 1. General Growth /Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3. The quality of development should be maintained and upgraded whenever possible. 5. Residential 5.3. Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. 5.5. The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Staff finds that this criterion has been met. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Conditions have changed since adoption of the subject regulations. Housing is more of a concern today than it was when the existing policy was adopted, and the price and availability of housing is raised as a top concern to the business community relating to employee attraction and retention. The Town has attempted, with the recent development of the Chamonix Vail neighborhood, to create deed -restricted housing designed for families and professionals, with larger home sizes. The proposed amendment would allow for larger Type III Employee Housing Units, where permitted. Staff finds that this criterion has been met. Town of Vail Page 16 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Staff believes this text amendment will provide a harmonious, convenient, workable relationship among land use regulations consistent with the municipal development objectives. Increasing the maximum size of Type III EHUs to 2,500 square feet will allow for existing Type III EHUs to be expanded. Due to their location within primarily multiple family type structures, it is unlikely that a significant number of existing Type III EHUs will be expanded as a result of this amendment. The proposed amendment will allow for additional variety of employee housing unit sizes, which will help create more variety of deed -restricted housing options, and may allow some employees to remain living in Vail. Staff finds that this criterion has been met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. IX. ENVIRONMENTAL IMPACTS The Community Development has not identified any significant environmental impacts with the proposed increase in the maximum size of Type III Employee Housing Units. While larger residential dwellings in general use more resources, the proposed policy change and increase the maximum allowed size of Type III EHUs will likely have negligible impacts. X. STAFF RECOMMENDATION The Community Development Department does not have a recommendation on the proposed prescribed regulations amendment. We can see a variety of benefits to the proposed amendment, and some potential negative impacts. The Vail Local Housing Authority (VLHA) reviewed this proposal at their meeting on August 28, 2018, and did not have a consensus. The VLHA vote 3-1 to support to the application. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12- 13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, to allow for an increase in the maximum size of a Type 111 Employee Housing Unit from 1,200 square feet to 2,500 square feet, and setting forth details in regard thereto. (PEC18-0031)" Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed Town of Vail Page 17 regulations amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section VIII this memorandum, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code, and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " XII. ATTACHMENTS A. Applicant's Narrative Town of Vail Page 18 ATTACHMENT A - APPLICANT NARRATIVE I li �^�� - -11-2 ►�-� Ow w L/ - S�$1.rYPE.F kelp_ � Ar 440ZE- k,.Mp,,, 5 l�AwCRIB R�- [t�7En3 !. , p'ii1Q a= T PwK W -'r }� Nwlmw, ew&m4rw4trst • 7b-x,.�eaus s -r.) bE parr, .0 to d PF.p^,A Text Amendment Chapter 12-13: To allow for an increase in the maximum size of Type 111 EHUs from 1,200 sq. ft. to 2,500 sq. ft. Submitted: August 2018 IVU I lei Mauriello Planning Group Introduction Mauriello Planning Group on behalf of Simon Hamui, a resident of the Town of Vail, is proposing to amend the limit placed on the maximum size of a Type III EHU currently at 1,200 sq. ft. The proposal would amend the maximum floor area of a Type III EHU to 2,500 sq. ft. Deed restrictions place limitations on who can occupy a unit. Chapter 12-2 provides the definition of a deed restriction as follows: DEED RESTRICTION: A permanent restriction on the use, occupancy and transfer of real property that runs with the land and is recorded against the property in the Eagle County clerk and recorder's office. The Type III deed restriction specifically limits occupancy, but does not limit price or appreciation value of the EHU. Type III EHUs can be rental units (as is often the case with those within a multi -family or mixed use structure) or can be sold separately and occupied by the owner. Occupancy of the unit is limited by the deed restriction, which states: The Type 111 EHU shall be leased to and occupied by tenants who are full-time employees who work in Eagle County. The Type/// EHU shall not be leased for a period less than thirty (30) consecutive days. For the purposes of this paragraph, a full-time employee is one who works an average of a minimum of thirty (30) hours each week on a year round basis. The Type 111 EHU shall be continuously rented and shall not remain vacant for a period to exceed five (5) consecutive months. (or) It must be used by the Owner of the Type 1111 EHU as a permanent residence. For the purpose of this paragraph, a permanent residence shall mean the home or place in which one's habitation is fixed and to which one, whenever he or she is absent has a present intention of returning after a departure or absence therefrom regardless of the duration of absence. Regardless of the size of the unit, the deed restriction remains on the property and can only be removed or amended with the consent of the owner and the Town of Vail. Variations in the sizes of deed -restricted EHUs allows for a greater variety of choices for the workforce of Vail. In fact, the Chamonix neighborhood, recently completed by the Town of Vail, has units that range in size from approximately 1,110 sq. ft. up to 2,000 sq. ft., allowing for a variety of formats to appeal to the largest number of potential purchasers. The Chamonix units are Type VI deed -restrictions, which do not include any size limitations. Most of the various types of employee housing units have size minimums and/or maximums limited by Chapter 12-13. The following table provides these limitations by EHU type: EHU Type Minimum Maximum Density Type I NA NA The EHU is allowed as a second unit on the Two -Family Zone property. Districts 2 EHU Type Minimum Maximum Density Type II 300 sq. ft. 1,200 sq. ft. The EHU is allowed as a third unit on Two -Family Zone property. Districts Type III 300 sq. ft. 1,200 sq. ft. The EHU is excluded from the calculation of Multiple -Family density. Zone Districts Type IV NA NA The EHU is calculated as density. Any unit regardless of zone district Type IV - CL Dorm - 250 sq. ft. NA The EHU is calculated as density. Unit required by Studio - 438 sq. ft. Commercial 1 Bedroom - 613 sq. ft. Linkage 2 Bedroom - 788 sq. ft. 3 Bedroom - 1,225 sq. ft. Type IV - IZ Dorm - 250 sq. ft. NA The EHU is calculated as density. Unit required by Studio - 438 sq. ft. Inclusionary Zoning 1 Bedroom - 613 sq. ft. 2 Bedroom - 788 sq. ft. 3 Bedroom - 1,225 sq. ft. Type V NA 1,200 sq. ft. The EHU is allowed as a second unit on the Hillside Residential property. Zone District Type VI NA NA As determined by the PEC. Housing Zone District Type VII - CL Unit Dorm - 250 sq. ft. NA The EHU is excluded from the calculation of required by Studio - 438 sq. ft. density. Commercial 1 Bedroom - 613 sq. ft. Linkage 2 Bedroom - 788 sq. ft. 3 Bedroom - 1,225 sq. ft. Type VII - IZ Dorm - 250 sq. ft. NA The EHU is excluded from the calculation of Unit required by Studio - 438 sq. ft. density. Inclusionary Zoning 1 Bedroom - 613 sq. ft. 2 Bedroom - 788 sq. ft. 3 Bedroom - 1,225 sq. ft. The EHU types created in the early years of the Employee Housing chapter (like Type III) often had both minimums and maximums, likely as the idea of EHUs was relatively new and unique so more specific limitations were provided. The later types of EHUs (those created when commercial linkage and inclusionary zoning were developed a decade later) were more focused on minimums, with the idea of creating EHUs that were more livable and functional for the employees living in the units. As the EHU program has evolved over the years, the need for more variation in size of units has become apparent. It is interesting to note that of the three types of EHUs with a maximum limitation, only the Type III EHU can 3 be sold or transferred separately. The Type II and the Type V cannot be sold or transferred from the single-family or duplex unit it is connected to and those types are limited as to not create additional bulk and mass on duplex lots. Type III EHUs are a permitted use in most of the higher density zone districts, including the commercial zone districts. The zone district's allowingType III EHUs are: • Residential Cluster • Low Density Multiple -Family • Medium Density Multiple -Family • High Density Multiple- Family • Vail Village Townhouse • Public Accommodation • Commercial Core 1 • Commercial Core 2 • Commercial Core 3 • Commercial Service Center • Arterial Business • Heavy Service • Lionshead Mixed Use 1 • Lionshead Mixed Use 2 • Public Accommodation 2 • Ski Base/Recreation • Ski Base/Recreation 2 • Special Development District • Parking District • General Use The proposed amendment would increase the maximum size of Type III EHUs from 1,200 sq. ft. to 2,500 sq. ft. This allows residents and/or owners of Type III EHUs to make additions or expand their homes to meet their changing needs. It is not likely that all new Type III EHUs would be constructed to the proposed 2,500 sq. ft. maximum. Developers often construct EHUs closer to the minimum floor area requirements, in order to serve the needs of more employees. Additionally rental rates tend to favor smaller units as smaller units can be rented or sold for more dollars per sq. ft. than larger units. As a result, there will still likely be a wide variety sizes of Type III EHUs constructed. It is also important to note that prior to the adoption of Commercial Linkage Requirements and Inclusionary Zoning Requirements in 2008, Type III EHUs were the type of deed restrictions required by the Town to meet EHU obligations of SDDs or other redevelopment projects. Following the adoption of the requirements in 2008, all employee housing requirements of new or redevelopment are deed -restricted as either Type IV -CL, Type VII -CL, Type IV-IZ or Type VII-IZ. Currently, new Type III EHUs would be voluntarily developed beyond the commercial linkage or inclusionary zoning requirements and, as a result, new Type III EHUs are rare. There has been a recent instance of proposed Type III EHUs which were required to be reduced in size in order to comply with Code. This did impact the livability of the employee units. In summary, changing the maximum floor area allowed in a Type III EHU is not going to generate a lot of expansions or new units throughout the Town. It is not going to be a drastic change. However, in the few instances where this can be taken advantage of, it could increase improve the livability of existing units and the overall supply of square feet of EHUs in the Town. Criteria for Review The review criteria for a text amendment are provided in Section 12-3-7 and are listed below. The Applicant's analysis of conformance with the criteria follows: A. Factors Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requested text amendment: 4 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations Applicant Analysis: Chapter 12-1-2: provides the general and specific purposes of the Zoning Regulations: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Applicant Analysis: The proposed amendment to increase the maximum size of Type III EHUs from 1,200 sq. ft. to 2,500 sq. ft. furthers the general and specific purposes of the zoning regulations by enhancing and diversifying the employee housing stock, helping to maintain the character of the Town as a resort and residential community of high quality. The proposed amendment is consistent with municipal objectives to encourage and provide for high-quality employee housing in a variety of formats to appeal to residents. Creating a diversity of employee housing product creates a vibrant community, with opportunities for workers ranging from seasonal employees to full-time, year-round employees with families. As a result, the proposed amendment is consistent with this criterion by furthering the purposes of the zoning regulations. 5 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town Applicant Analysis: The various master plans that make up the Vail Comprehensive Plan have been reviewed and the following goals and policies are applicable from these documents: Vail Land Use Plan 5.3. Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. 5.5. The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. The Vail Land Use Plan, which was adopted in 1986, provided the above objectives related to employee housing and residential grown. As indicated, these goals have been long-term ideals, which talk about "a full range of housing types" and that the "existing employee housing base should be preserved and upgraded." These are supportive of the proposal that employee housing should be in a variety of formats and sizes, ranging from efficiency apartments to single-family homes. This creates a robust employee housing supply, creating opportunities for residents who cannot afford free-market housing to remain in Vail. This creates a sustainable community with residents of all income levels and in various life stages. Vail Housing 2017 Strategic Plan VISION An Eye on the Future We envision Vail as a diverse, resilient, inclusive, vibrant and sustainable mountain resort community where year-round residents are afforded the opportunity to live and thrive. We take a holistic approach to maintaining community, with continuous improvement to our social, environmental, and economic well being. We create housing solutions by recognizing and capitalizing on our unique position as North America's premier international mountain resort community in order to provide the highest quality of service to our guests, attract citizens of excellence and foster their ability to live, work, and play in Vail throughout their lives. 6 Our strategic solutions and actions result in the retention of existing homes, creation of new and diverse housing infrastructure, and collaboration with community partners. For Vail, no problem is insurmountable. With a consistent, community -driven purpose and an entrepreneurial spirit, Vail will lead the industry in innovative housing solutions for the 21st century. The Town is well positioned financially to undertake this significant challenge. MISSION Maintaining and Sustaining Community "We create, provide, and retain high quality, affordable, and diverse housing opportunities for Vail residents to support a sustainable year round economy and build a vibrant, inclusive and resilient community. We do this through acquiring deed restrictions on homes so that our residents have a place to live in Vail." TEN YEAR GOAL "The Town of Vail will acquire 1,000 additional resident housing unit deed restrictions by the year 2027." These new deed restrictions will be acquired for both existing homes as well as for homes that are newly constructed by both the Town of Vail and private sector developers. By virtue of the occupancy requirements of the deed restrictions, the Town of Vail does not need to own resident homes to forward its mission of maintaining and sustaining community. Title to real estate can change ownership often. Once recorded, a deed restriction transfers with the title and survives changes in ownership over time, thus assuring lona term resident housing. The 2017 Strategic Plan is an ambitious roadmap to acquiring deed restrictions on properties throughout the Town, in clear recognition that a deed -restriction outlives ownership changes and that this can prevent the turnover from local -resident occupancy to second homeowner occupancy of existing housing stock. The plan recognizes that by providing diverse housing opportunities for local employees, it creates a sustainable economy and a vibrant community. Allowing for Type III EHUs to be up to 2,500 sq. ft., while still not an overly large home, creates opportunities for more employees to live and work in Vail, while providing additional living space that allows for families to live and grow in a unit, rather than moving down -valley to a larger home. Vail businesses then have to compete with down -valley businesses for employees, where workers may prefer shorter commutes. Variety in deed -restricted home sizes is supported by the Vail Housing 2017 Strategic Plan. Vail 20/20 Plan Vail's Vision is the general vision statement for Vail's future, based on input from the community during the Vai120120 process, and is as follows: We are the "Premier Mountain Resort Community" by providing high quality of life and experiences for both residents and visitors. This is achieved through environmental stewardship, world-class recreational, cultural and educational opportunities, a strong year-round economy, diversity of housing, and superior infrastructure. The town actively seeks input and cooperation from the community and its neighbors to ensure fulfillment of its vision. Housing: The high cost of housing and a lack of developable land continue to challenge the community in providing adequate workforce housing. Opportunities exist to increase the amount of employee housing through redevelopment of existing housing, the purchase of deed -restricted units and through developer requirements. During 20/20, participants placed workforce housing as a top priority for the community and government leaders to address. 20/20 Vision The number of employees living within the town has steadily increased, thanks to the town's commitment to ensure affordability and availability of housing. The number of deed -restricted rental and for -sale units required of both private and public projects has increased. The diversity of deed -restricted units can accommodate the seasonal worker, as well as all levels of year-round employees, including those with families. Housing in general has been transformed to include green building standards. 20120 Implementation Goal: The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town, and will provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. Workforce housing was identified as a top priority in the Vail 20/20 plan, with a recognition that diversity of housing opportunities furthers the Town's goal to be the "Premier Mountain Resort Community." Diversity of deed -restricted units will continue to allow the Town of Vail to accommodate all employees, from the season worker to year-round employees with families. Allowing Type III EHUs to be a maximum of 2,500 sq. ft. further advances this d iversity. As indicated in this analysis, the proposed text amendment complies with this criterion by better implementing and achieving the the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable Applicant Analysis: s The employee housing chapter, generally in its current form (now 12-13 of the Vail Town Code), was originally adopted in 1992 by Ordinance 9, Series of 1992. This ordinance created the Type III Employee Housing Unit, with the purpose that it would allow for the construction of EHUs in multiple family and mixed use zone districts. At the time, Type III EHUs were a conditional use in these zone districts and counted towards density maximums as 0.5 of a dwelling units. Type III EHUs were required to be a minimum of 450 sq. ft. and a maximum of 900 sq. ft. and was allowed a maximum of 3 bedrooms. Based on a review of past ordinances, in 2000 the Town did a major overhaul of the EHU chapter, and modified the size requirements for a Type III to the current 300 sq. ft. minimum and 1,200 sq. ft. maximum. This was part of an overall goal as a result of the Vail Tomorrow and Common Ground processes of providing additional incentives and eliminating disincentives for the creation of employee housing throughout the Town of Vail. Since the current minimum and maximum requirements for Type III EHUs were adopted, many changes have occurred. It is interesting to note that most policy has focused on increasing the number of deed -restricted units throughout the Town of Vail and Eagle County. However, as these programs have matured, little direction has been given to allowing improvements to the existing inventory of deed -restricted housing. In 2008, the Town adopted the Vail Employee Housing Strategic Plan, with the stated goal to: "The Employee Housing Strategic Plan (EHSP) seeks to meet the expectations established by the community and confirmed by the Town Council and provide enough deed -restricted housing for at least 30 percent of the community's workforce to live in the Town of Vail through a variety of policies, regulations and publicly initiated development projects." The 2008 Strategic Plan was the impetus for codifying both the Commercial Generation requirements and Inclusionary Zoning requirements, which required development to provide employee housing. These requirements do not have a maximum size limitation, in recognition that larger units can be a benefit to the overall employee housing inventory. In 2016, the Town of Vail adopted "Vail Housing 2017: A Strategic Plan for Maintaining and Sustaining Community through the Creation and Support of Resident Housing in Vail" with the single goal of "acquiring 1,000 additional resident housing unit deed restrictions by the year 2027." It further states the mission as: "We create, provide, and retain high quality, affordable, and diverse housing opportunities for Vail residents to support a sustainable year round economy and build a vibrant, inclusive and resilient community. We do this through acquiring deed restrictions on homes so that our residents have a place to live in Vail." In 2018, Eagle County completed Housing Needs and Solutions 2018: Eagle River Valley, which recognized a current need of 2,780 units in 2018, with an increase to 7,970 units by 2030. Unlike most previous studies which focused mainly on the need for additional units, this study looked further into housing preferences, including an analysis of the size and types of homes preferred by residents. The analysis provided the following: 9 Upgrades Survey respondents had the opportunity to rate upgrades they would seek to and believe they can afford regards to a hypothetical home. When given an array of add on features or upgrades to choose from, fewer than 10% indicated they would prefer the base models. A private yard for $10,000 was the top choice for both renters and owners who want to buy. There are notable differences, however, between owners who want to move into a different residence and renters who want to move into ownership. • Owners more often selected multiple upgrades with a two car -garage, additional full bathroom, two additional bedrooms and extra storage measuring 8' by 81 • Renters desire fewer upgrades but rated one additional bedroom, a one -car garage, an extra half bath, and a storage locker higher than owners. Examination by unit type reveals most potential buyers: • Would like an additional bedroom except for those who are very interested in a 3 - bedroom single family home. • Want and think they could afford a garage. • Want and think they could afford a garage. Vail's employee housing inventory consists of approximately 729 deed -restricted units. These units, many of which were subject to size limitations, remain in high demand for local residents. These units house all different types of households, from single young service workers to dual -income families with children. As these households grow and change, it is important that the units also have some flexibility to meet the changing needs. Without the ability for homeowners to improve their property, many may choose to move to locations where this flexibility exists, such as down -valley. The average home size at the end of 2017 was 2,571 sq. ft. In fact, the average home size in 1960 was close to 1,200 sq. ft., the current limitation for Type III EHUs. The conditions regarding employee housing size limitations have changed since the size limitation on Type III EHUs was adopted. It is now recognized that a variety of sizes and formats is beneficial, as it creates opportunities for different types of households to meet their housing needs within the Town of Vail. As indicated in this analysis, the proposed text amendment complies with this criterion and this analysis demonstrates how conditions have substantially changed since the adoption limitation of 1,200 sq. ft. on Type III EHUs and how this is no longer appropriate. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives Applicant Analysis: 10 As outlined above, the Town's development objectives have historically and continually recommended a diversity of housing types within the Town of Vail, providing opportunities for residents of all types. The proposed amendment allowing Type III EHUs to increase the maximum size from 1,200 sq. ft. to 2,500 sq. ft. creates a harmonious, convenient, and workable relationship among land use regulations consistent with municipal development objectives and is therefore consistent with this criterion. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment Applicant Analysis: Any other factors and criteria that the Planning and Environmental Commission and Town Council deem applicable will be addressed by the Applicant as they are identified. Conclusion It is clear that the Town's policies and goals support allowing larger EHUs and allowing the existing housing stock to be improved throughout the Town. Though a 2,500 sq. ft. limit is proposed, that is only due to the concern that the Town would not support removing the limitation entirely. The reality is that the maximum limitation could be removed which would allow more flexibility and likely produce more employee housing floor area within the Town. As long as an EHU is deed restricted, the size is immaterial. The market will ultimately decide the value of a deed restricted unit and the market will adjust accordingly. A variety of EHU sizes appeals to more potential residents, which creates a more sustainable community and is desirable to the Town. Diversity of housing choices is a benefit to the Town by having all types of local employees living in Town rather than moving down valley where more options may exist. 11 City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: September 24, 2018 PEC Results ATTACHMENTS: File Name Description Pec results 092418.pdf September 24, 2018 PEC Results 0 PLANNING AND ENVIRONMENTAL COMMISSION TOW?J OF ffl) September 24, 2018, 1:00 PM Town Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 1. Call to Order Attendance Present: Brian Gillette, Ludwig Kurz, Pam Hopkins, John Ryan Lockman, Rollie Kjesbo, Karen Perez and Brian Stockmar Absent: (Commissioner Gillette left the meeting following the site visit.) Site Visits 2.1. 1295 Westhaven Drive - Cascade/Talisa Parking Garage 2.2. 1170 Westhaven Lane - Glen Lyon Subdivision 3. Main Agenda 3.1. A request for a final recommendation to the Vail Town Council on a major 45 min. amendment to Special Development District No. 4, Glen Lyon Subdivision, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to provide employee housing off-site, located at 1150 and 1170 Westhaven Lane/Lot 39-1 and 39-2, Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC18-0032) Applicant: Ignacio Torras, represented by Mauriello Planning Group Planner: Jonathan Spence Condition: This recommendation of approval does not include the applicant's proposed deviation from Section 12-13-5 D4 concerning the ability to bank excess EHU GRFA. Planner Spence provided an overview of the application, including the changes to the building envelope, and modifications to the required Employee Housing Unit (EHU) to allow for off-site EHU. Applicant has started the EHU Exchange Program process, and will be discussing this request with the Vail Local Housing Authority (VLHA). Applicant would like to do EHU banking, in case there is excess floor area in the new EHU unit. Staff does not have the resources to keep track of banking of EHU credits. Stockmar — Can the application still move forward without banking of the EHU credit? Spence — Yes. Spence further described how building envelopes are generally used to protect topographical feature or vegetation. Kjesbo —Asked if any variances will be requested. Spence indicated no Dominic Mauriello — We are requesting a building envelope amendment, and a revision to the required on site employee housing. When this lot was first approved, the GRFA was adjusted, and each lot was required to provide an on site EHU. At the time, there was no Employee Housing Exchange Program. We propose to provide double the amount of square footage in Employee Housing, 500 square feet is required, and 1,000 square feet would be provided. The adjacent property would also have the ability to participate in an EHU exchange. Mauriello provided a review of the existing lot dimensions and building envelope. He explained the requirements of Special Development District #4, and some of the SDD amendments. He explained how this lot was originally one large duplex lot, then in 1982 split into two single-family lots, which included a dedication of stream tract to the Town of Vail. Our proposal includes a building envelope for the home, and a separate envelope for recreational use, currently proposed for paddle ball. Mauriello explained that the Town Code does not address recreational use envelopes. Buildings would not be allowed in the recreational use envelope. He explained the proposed site plan. The site plan and design of the home have been conceptually reviewed by the Design Review Board. He also showed a video about paddle ball. Mauriello explained how the EHU Exchange Program works, and the proposed changes to the S D D needed to allow this exchange to happen. Applicant believes that we meet all required code criteria for this application. Stockmar — What happens if they never build the off-site EHU? Spence — They will be required to provide evidence of the new EHU before obtaining a Certificate of Occupancy for the new home. Lockman — Will the courts be heated, and will this be used in winter? Public Comment Eleanor Bromonte — Paddle ball is typically played during the winter months. Spence — The proposal is not to review the design of the padel court, just the request to amend the building envelopes. Lockman — Is the EHU Exchange Program ready to deal with this request? Spence — The EHU Exchange program is up and running, but we do not currently allow for EHU Banking. But that part of the program does not currently have the ability to track the credits of unneeded EHU square footage. Hopkins — No comments Perez — No comments Kjesbo — Don't see any reason for the building envelope. I'm aware of how the EHU exchanges are done, and was previously told that I could not bank EHU credits. It's a benefit to get 1,000 square feet of off-site housing. Stockmar — I'm in favor of any reasonable effort to improve employee housing in town. This is a reasonable request, but I would like to see some progress on the EHU banking. Spence — EHU exchanges do not come to PEC, they are handled by staff and the VLHA. Stockmar — Proposal makes sense to me. Ludwig Kurz moved to recommend approval to Town Council with a condition. John -Ryan Lockman seconded the motionand it passed (6-0). 3.2. A request for the review of a Conditional Use Permit, pursuant to Section 5 min. 12-16, Conditional Use Permits, Vail Town Code, to allow for Unit 4, Level 4, Cascade Club Condominiums to be used for temporary conferences, conventions and special events, located at 1295 Westhaven Drive Unit 4/Unplatted, and setting forth details in regard thereto. (PEC18-0033) Applicant: Vail Hotel Partners LLC Laurus Corporation, represented by Mauriello Planning Group Planner: Chris Neubecker Neubecker explained that this application had been approved administratively, but that staff was available to answer any questions. 4. Approval of Minutes September 10, 2018 PEC Results Ludwig Kurz moved to approve. J ohn- Ryan Lockman seconded the motionand it passed (6-0). 5. Adjournment Rollie Kjesbo moved to adjourn.Ludwig Kurz seconded the motionand it passed (6-0). The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department Ad #: 0000317389-01 Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM Your account number is: 1023233 PROOF OF PUBLICATION VAIL DAILY STATE OF COLORADO COUNTY OF EAGLE I, Mark Wurzer, do solemnly swear that I am Publisher of the VAIL DAILY, that the same daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein, that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The VAIL DAILY is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 10/5/2018 and that the last publication of said notice was dated 10/5/2018 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 10/31/2018. Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 10/31/2018. �1 Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 JEr 1 LYA�'i rt4Lals�6 rebrarew RuaL�.D. RUFE:7i'Lgf,{14AD0 ppTARY'[7 2d Sfd09938g' N'/ Cf,;SI�N %'%171lw4AtiGi15T9,2�' PLANNING AND ENVIRONMENTAL COMMISSION October 8, 2018, 1:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81857 1. Callto order 2. Main Agentla 2.1. Report to the Planning and Environ- tal Commissmn of an atlminlstrative action re gerding a request far a minor amendment to Special "'Proem uestnct (9uu) No. ti, Van Vulage Inn Ph...I and II, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Cotle, b allow for modifications to the approved development plan 1n order', permit three (3) building additions 0 ing 49 square feet to cummelcial unit 15 to—col"10- da1e increased restaurant seating antl a new public located st 1W East Meatlow Odve Unn 15ILot 0, Block SD, Vail Village Filing 1, and sattini forth details in regard thereto. (PEC18-0 11) (( should be ,lotetl that Public Notice was previously providl for this application in March 2018 but the prolecl is being re -noticed due to the lapse in time.) 10 min. Applicant: Gatto Pardo Bianco LLC, representee by Steven James Rider, AIA Architect Planner: Jonathan Brame 2.2. A request for revim of Major Exterior Alteration, pursuant to Section 12.7H- 7, Exterior Al. Zrations or Modnications, Vail Town Cotle, to alloy r construction or a new munnamlly s[mcWre with below grade paring, Iecated a[ 500 East Lionsheatl Circle/Lot 3, Block 1, Vail UonelIed Filing 1, arc Ming frith defelle in .,end therato. (FFC1&0034; 5 min. The applicant has requested that this item be tabled! to Me October 22, 2018 regular)y scheduled meeting of Planning and Environmental Commission. April M: Lazier Linnehesd LLC, ropreaenrM by Braun Associate, Inc. Planner: Jonathan Spence 2.3. A request for the re Irons Section 12-7H-10, Setbacks, Vail Town Cod, pursuant to Title 12 Chapter 17, Variances, Vail T— Cotle, to allow for a title setback of zero feet (0'; where In fast (1d) is required for a new multifamih structure, boated at 500 East Lionshead Circle/Lot 3, Block 1, Vail Lionsheatl Filing 1, and setting for-11- d-in, orthdetails in regard thereto. (PEC18-0036) 5 min. The appplicant has requested that this item be tabled to he Oct,ber 22, 2018 regulady scheduled meeting of Planning end Environmental Commission. Applicant: Lazier Uoreh-cl LLC, represented by B2un Associates, Inc. Planner: Jonathan Spence 2.4. A request for a recommendation to the Vail Town Council for a Prescribed Regulation Amendment pursuant M Section 12-3-7, Amend- ment, Vail Town Code, to amend Section 12-13-4 Requirements by Employee Housing Unit (EHU) type, Vail Town Cade, Maloney for an increase in th max )mum 3 e of a Type III Employee Housing Unit. (PEC19-W91) S min. The applicant has requested that this item be tabletl to he November 12. 201 B regularN scheduletl meet e ing of Planning and Environmntal Commission. AypliwM: Mauriello Planning Group Planner: Chris Neubecker 3. Approval of Minutes 4.1. Adlo�ummeM4.2018 PEC Results The appy dos and information about the P-0 rop g- als ere available for public inspection during reg Iar office hours at the Town of Vail Communitryy Devebp ment Department, 75 South Frontage Fio d. The public b invited to attend the project orientation and the site visits that precede the public hearing in the Town o1 VailCommunity Development Department. Times and ,Mer of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Com- mission will consider an item. Please wll (970) 479- 21W for add nionaI information. Please cell 711 to sign language interpretation 48 hour prior to meet- ing time. Community Development Department Published in the Vail Daily October 5, 2018. 0000317380 Ad #: 0000309583-01 THIS REM MAY AFFECT YOUR PROPERTY Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Your account number is: 1023233 hold`a publpl ah art, nsaoco°dshm viiih sem 2- 3-5, Vail Town Code, on October 08, 2018 at 1:00 PROOF OF PUBLICATION pm in the TownafVailMnnmipalBuilding. VAIL DAILY A request for review of Major Exterior Alienation, pur- 1 at Ss, ion Vail T2ow]]HCode, to`ior aIt— faraclonstruc ModinctoSe, tion of a new multifamily structure with below grade p king, located at 500 East Lionshead Circle/Lot 3, Real, STATE OF COLORADO 1, Vail Lionshead Filing ,, and selling forth de- tails in regard thereto. (PEC, B-0034) COUNTY OF EAGLE Alicam: Laz;Lbnsheatl LLC, represemetl bypperomAssneistaa,In.. Planner: Jonathan Spence I, Mark Wurzer, do solemnly swear that I am Publisher of A request for the review a variance from Section 12 7N-10, Setbacks, Vail Town cede, pursuant to Tins the VAIL DAILY, that the same daily newspaper in 12 chapter 1], variances, Vail Town code, ro allow or a sitle setback of zero feet (0') where ten feet printed, (,D) is requhed for a new multifamily structure, Io - whole or in art and published in the Count of Eagle, P P Y g t d at 500 East Lonshaad cirele Lot 3, Bloek 1, Vail Lionshead Filing 1, and se0;ng todh details in State of Colorado, and has a general circulation therein, regard Bard thereto.(PEC,B-go3fi) LazierLlansheadLLarepresemed that said newspaper has been published continuously and by Braun Associates, Inc. Planner: Jonathan Spenee uninterruptedly in said County of Eagle for a period of Report s[rletg en�Eonl ague"ta' c°mmis- , the= ng a request more than fifty-two consecutive weeks next prior t0 the fora maor mendment t° Special Development District (SOD)allo. 6, Vail village Inn, Phases I and first publication of the annexed legal notice or II, pu rsu t to Sechon 12-9A-10, Amendan- Pro - d es; Voll Town Code, to allow for mamficat ons advertisement and that said newspaper has the to the approved development plan in order to permit foot building nese published requested legal notice and advertisement as requested. ;araom3) lin,1 aequae ad`e110 Eesti dad- or punt, isiI at 0, Bleak 5D, Vail Village Filing 1, and sorting forth details in regard thereto. (PEC18-0011) (It should be noted that Public Notice was previously provided for this VAIL DAILY is an accepted legal advertising medium, P 9 g application in Minch 2018 but the protect Is being re noticed due to the lapseinnme.) Applicant Gavopardo Blanco LLC, represemetl for Colorado's Home by eman"Sparee Hmen AIA Arohitea only jurisdictions operating under Planner: Rule provision. Tha appai.stm,s and information about the propos- areailable for public inspection during office hours at the Town of Vail Community Develop en Department, 75 South Frontage Road. The public Is That the annexed legal notice or advertisement was noted to a#and sile vis le Please call 9]0 -4]9 - z,3e or vI it www.vailgov.amorplammog for add;bon. published in the regular and entire issue of every number al inrormation. of said daily newspaper for the period of 1 insertion; and Sig language terpretation available upon request with 24-hour not dation, dla,)11. that the first ublication of said notice was in the issue of P Pubnshed September 21, 23,8mthe Vint Daily. 0000309583 said newspaper dated 9/21/2018 and that the last publication of said notice was dated 9/21/2018 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 9/25/2018. AJ& -iii -?"i Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 9/25/2018. �1 Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 11 811-y 1LYrt4L als�6 rebrarew RDaL�.D. ppTARY'[7:ldffd6g938A' N'/ Cfkffiq;SI�H %'%i•'3Rlw4FIiGi15P9,2�'