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HomeMy WebLinkAbout1999-0913 PECC r.�� . A request for a conditional use permit, to allow for the operation of a medical facility, located at 3971 Bighorn Road #7DD / Building 7, Pitkin Creek Parke Applicant: Gary Weiss Planner: Brent Wilson MOTION: Doug Cahill SECOND: Chas Barnhardt VOTE: -0 TABLED UNTIL , 1 3. A request for a worksession for amendments to Title 12, Zoning with respect to Employee Noosing Unit Standards, Minimum Lot Size Requirement in the Primary /Secondary an Two- Family Residential Zone Districts and Site Coverage Standards. Applicant: Town of Vail Planner: Dominic Mauriello WORKSESSION VOTE 4. A request for a final review of a proposal for a new zone district entitled Affordable Housing {AN} District, allowing employee housing and other rases. Applicant: Town of Vail Planner: Dominic Mauriello MOTION: Brian Doyon SECOND: Chas Bernhardt VOTE: 5-0 APPROVED WIT I 1. That there be similar performance standards as in the PA Zone District for setbacks. 2. That provisions be added for increased site coverage if parking is enclosed or underground= 5. A request for a conditional use permit, to allow for the construction of a Type 11 employee housing unit, located at 3347 Lupine Drive / Lot 7, Block 1, Bighorn Subdivision First Addition. Applicant: bandy Nichols, represented by the Mulhern Group Planner: Allison Ochs TABLED UNTIL T 11, 199 6. Information Update 7. Approval of August 23, 1999 minutes. The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Mail Community Development Department, 75 South Frontage Road. Please call 479 -2133 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479 -2356, Telephone for the Nearing Impaired, for information. Community Development Department W 11 m MMM 2111 DATE: September 13, 1999 SUBJECT A request for a conditional use permit to allow for a Type 11 employee housing unit located at 5118 Gore Circle / Lot 3, Block 3, Bighorn 5 `h Addition. Applicant. Robert Shonkwiler represented by Phil Pokorny & Company Planner: Brent Wilson 11 M In September and December of 1992, the Town Council passed Ordinances 9 and 27, Series of 1992, to create Chapter 12-13 (Employee Housing) which provides for the addition of Employee Housing Units (EHUs) as permitted or conditional uses within certain zone districts. The definition in that ordinance states: Section 12-2-2 TOWN QOF 4 0 Please note that under Section 12-16 of the Town of Vail Municipal Code, the approval of a conditional use permit shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion, or the use for which the approval has been granted has not commenced within two years from when the approval becomes final. IV. ZONING ANALYSIS • 3, 1 . Relationship and impact of the use on the development obiectives of the 4 � ` 0 H 2 At 22,390 square feet in size, this lot meets the minimum lot size requirements (12,500 square feet) in the Single-Family Residential zone district. 5 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking area: Roads in the area are lightly traveled, and the EHU would be one block from the bus line, A covered parking space is being provided in the house addition for the EHU. The project will also include a new concrete driveway with a full snow-melt system to alleviate any snow storage problems. entrance door, being secluded, avoids giving the home an inappropriate "duplex character." • • • � e � ��; � t-- 4 c D N 7 Ul UA Q A I f ! i ,,I --J- I t - IvEx AePgm \ «� � ■ TO: FROM: DATE: SUBJECT immuWnum, Applicant: Weiss & Newberry Medical Associates Planner: Brent Wilson IV. CRITERIA AND FINDINGS F A. CONSIDERATION OF FACTORS: 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Parking: Given the high proportion of floor area devoted to residential uses within SIDID 3# (93%), staff believes peak parking accumulation occurs during the evening hours and weekends at Pitkin Creek Park. The applicant states the proposed hours of operation would run between 9:00 a.m. to 2:00 p.m. on weekdays. A summary of parking accumulation for Pitkin Creek Park is as follows: M1 1111011 I I R K I 1 5 1 i I I I I I! I I I 1!! 1 !11 1 F FIRM 11 I= I 259 spaces B. FINDINGS The Planning and Environmental commission shall make the following findings before granting a conditional use ermit; 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would b e operated or maintained would not be detrimental to the public health safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. 0 Weiss & Newberry Medical Associates 1051 Port Malabar Blvd., Suite 6 Palm Bay, Florida 32905 407-7279063 August 12, 1999 08 -31 -1999 12 :I?PM FROM EAST VAIL REALTY TO 4792452 Ro01 E IL M Q � �o i I dll i El O a41 � r a Ll palm • Taking away the right to do a "200" on older horses if an EHU GRFA credit is used • Not allowing enough site coverage to build the EHU on smaller lots • Not providing GRFA credits for multiple- family EHUs (Type ill) • Counting Type III EHUs as an impact on density 0 F:\ EVERYONE \PEC \MEMOS \99\E11U S13.DOC Page 1 of 5 TOWN t�F YAI0 II. ROLES OF THE REVIEWING tannin an nvlron ental liana Action: The PEC is advisory to the Town Council. The PEC shall review the proposal for and make a recommendation to the Town Council on the compatibility of the proposed text changes for consistency with the Vail Comprehensive Plans and impact on the general welfare of the community. Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning Regulations. Staff provides analyses and recommendations to the PEC and Town Council on any text proposal. Town Council: Action: The Town Council is responsible for firm/ approvaildenial on code amendments. The Town Council shall review and approve the proposal based on the compatibility of the proposed text changes for consistency with the Vail Comprehensive Plans and impact on the general welfare of the community. e l n Review Board- Action. The DRB has NO review authority on code amendments. Ill. RECOMMENDATION The Community Development Department recommends approval of the proposed amendments to Chapter 13 of the Zoning Regulations subject to the following findings: 1. That the proposed regulations are consistent with the development objectives of the Town of Vail as stated in the Vail Land Use plan. 2. That the proposal is consistent and compatible with existing and potential uses and generally in keeping with the character of the Town of tail. 11I. SUMMARY OF POTENTIAL Z I TEXT CHANGES Chapter 13, Employee Housing 1. Deed Restrictions /Enforcement This proposal adds a provision requiring that EHUs be rented and not remain vacant for a period of 4 consecutive months. The existing compliance language is being removed so that violations of this chapter can be processed like any other zoning violation. The current compliance statement provides for "publication" of the violation with the Housing Authority. The proposed language will aid in the enforcement of EHUs by establishing that they must be rented and allowing the Town to cite the owner when they are not Page 2 of 5 F:\EVERYONE\PEC\MEMOS\99\ElfU—SI3.DOC meeting these requirements, The current regulations are unclear as to the occupancy requirements. Additionally, the current reporting requirement provides that the owner provide a report, rental activity. This proposal requires a sworn affidavit from the owner. This will aid wit I the enforcement of EHUs. Language has been added to the purpose section allowing for the administrative creation of incentives and the development of the clearing house concept. Staff is currently developing plans for implementation of these concepts and will present these to the PEC at some point in the future. 2. Development Standarca This proposal no longer includes a provision for detaching garages with EHUs on small lots at the direction ♦ the PEC. A standard for occupancy has been added allowing no more than two persons per bedroom to occupy an EHU. 3. Application Procedure Page 3 of 5 F:\EVE'RYONE\PEC\MEMOS\99\EIIU—SI3.DOC 19 I t + , n 6 C F:\ EVERYONE \PEC \tvlEMOS \99 \EHL SI3.DO5- Page 5 of 5 R evised August 3 CHAPTER13 EMPLOYEE HOUSING SEC TION: 12 -13 -1. Purpose 12 -13 -2: Applicability 12 -13 -3: General Requirements 12-13-4: Requirements by Employee Housing Unit (EHU) Type 1 ®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 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, The Town may pursue additional incentives administratively to encourage the develament of emalayee housing units. These incentives may include, but are not lirr�ited to, cash vauchers fee waivers, tax abatement and in kind services to owners and creators of emlee housing units. The Town of Vail or the Town's designee may maintain are istr and publish lists of all deed rss #rioted housing units created in the Town to assist employers and those seeking housing. 12-13 -2: Applicability, Am Chapter Provisions In Addition: The requirements of this Chapter shall be in addition to the requirements set forth in each zone district where employee housing units (EHU) are permitted by this Chapter and all other requirements of this Code. P. Controlling Provision: Where the provisions or requirements of this Chapter conflict with the provisions or requirements set forth in any zone district or any other requirements of this Code, the provisions of this Chapter shall control. 12-13-3: General Requirements. This section provides general requirements which are applicable to EHUs. A. Deed Restriction, Occupancy Limitations, Reporting Requirements Type 1, 11 111, and V. No employee housing unit which is FA �� �fd RRd4 +# governed by this Chapter shall be subdivided or divided into any form of time shares, interval ownerships, or fractional fee. 2. For EHUs which are leased, they shall only be leased to and occupied by tenants who are full -time employees who work in Eagle County. An EHU shall not be leased for a period less than thirty (30) consecutive days. For the purposes of this Chapter, a full -time employee is one who works an average of a minimum of thirty (30) hours each week. The owner of each EHU shall rent the unit at a monthly 1 N 1. No property containing an EHU shall exceed the maximum CRFA permitted in Title 12 except as specifically provided in herein. 2. All trash facilities shall be enclosed. . All surface parking shall be screened by landscaping or berms as per Chapter 12- 11 Design Review. . 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 (whether located in a required setback or not) , and-fu44e-r-, provided that no existing parking required by the Town Municipal Code is reduced or eliminated. 6. All EHUs must contain a kitchen or kitchenette and a bathroom. 7. Occupanoy of an of an employee housing unit shall be limited to the maximum of two ersons�aer bedroom. D. Application Requirements. 1. Applicants for a conditional use permit for the purpose of constructing employee housing shall not be required to pay a conditional use permit application fee or Desi n Review application fee 2. EHU applications requiring a conditional use permit are subject to review and approval by the Planning and Environmental Commission as provided for in Chapter 12 -16, Conditional Use Permits. . EHU applications which do not require a conditional use permit shall be reviewed by the Community Development Department subject to a Design Review Application. 4. Applications for a Type II emplovee housing unit which utilizes a CRFA credit of greater than 250 sq. ft, shall require the signature of all owners of the property and will be processed on a first come first served basis. 5. he Town of Mail may be converted to an EHU administratively by the Town without obtaining a conditional use p ermit. Dwelling units and lock -off units which exist as of the date of this ordinance but which are nonconforming with respect to density and GRFA may be converted to a conforming EHU administratively by the Town, as lone as they otherwise comply with the development standards and parking requirements found herein and comp!y with the Building Code requirements of the Town of Fail. Upon being converted to an EHU per this section, such dwelling units shall be considered legally conforming EI lUs. 3 �l EHU Zoning districts Ownership/ Additional GRFA /Site Additional Site Coverage Garage marking Minimum/ Density permitted by right or Transference Coverage /Reduced Landscape Area Credit/Storage Maximum by conditional use Requirement GRFA of an EHU Type I Permitted lase: The EHU mna be GRFA Site Coverage: Allowed 300 sq. ft. of Per Chapter 12- Per Zone District. Counts as Primary/Secondary sold or The EHU is entitled to an Th site is entitled to an garage area per 10 as a dwelling 2nd unit on Residential, transferred as additional 500 sq. ft. additional 5% of site coverage enclosed vehicle unit. property. Two- Family Residential se grate unit on for EHU. space at a maximum (all with lots less than the property. of 2 parking spaces 15,000 sq. ft.) a aa : Landscape Area: (600 sq. ft.). The site is entitled to a agi.iired required deed �et� milatiesas- reduction of landscape area by All units not restriction on both 5% tr to 55 °/ of site Constructed with a units to allow sale) for EH U area for EH. — ggMg shall be repaired a minimum 75 sq. ft of storage area in addition to normal closet space. This 75 sc. ft. shall be 2 redit for stora e gnbL Type II Conditional Use: The EHU The EHU is entitled to an N/A Allowed 300 sq. ft. of 4 tease 300 sq. ft. min. Allowed as Single- Family gLay be sold or additional 500 sq. ft. GRFA additional garage area p 1220 sq. ft. 3rd unit on Residential Two - Family transferred credit. , he -cite for the EHU. Offf__ Mkt max. property. Residential. separately from Does not Primary /Secondary file unit it is All units not count as Residential Agricultur associated with. constructed with a s density. Y. &O pen S p ace garage shall be ' Applications fo required a minimum Per Chap 12- u nits to be sold a 75 so. ft. of storage 10 as a dwell shall be si ned b area in addition unit. all owners of oloset sp normal ade. property and shall This 75 sp. ft shall be be platted a credit for storage accordin to o Townhouse p lattin g re uir emenis. i EHU Zoning districts Ownership/ Additional GRFA/Site , dd tiasrz i Slte Cover e / e uce andscape ea Garage Credit Parking Minimum/ Density permitted by right or Transference Coverage Maximum by conditional use GRFA of an EHU Type III Permitted Ilse: The EHU may be EH U's are entitled to 500 N/A N/A 4-paik r ee A. Dwelling Not counted Lionshead Mixed Use 1 sold or transferred s . ft of additional GRFA unit as density. Lionshead Mixed Use 2 separately. ep r unit 414 4 format. rt 300 sq. ft. min. Conditional Use: d d es� 1,200 ft. Residential Cluster g oe&- Max, Low Density Multiple Per Chapter 12- B. Dormitory Family Medium Density 104 e format Multiple - Family 200 sq. ft. min. High Density Multiple- a e es ft. max. Family Public Accommodation Commercial Core 1 Commercial Gore 2 Commercial Coro 3 Commercial Service Center Arterial Business Parking District General Use Ski Base /Recreation 4-parkipaee # sat+a a q €t ray ou pk--ntal GWM&F s 4y- paw �} " D & y Qe Type V Permitted Ilse: The EHU shall not The EHU is not entitled to N The EHU is not Per Chapter 12- 1,200 sq. ft. max. Counts as Hillside Residential be sold or additional GRFA. entitled to additional 10 as a dwelling 2nd unit on transferred garage area credit, unit. property. separately from the unit it is red associated with, pa&1494RI461-be e+wAesed- EHU Zoning districts Ownership/ Additional GRFA/Site Additional Site Coverage Garage Credit Parking Minimum/ Density permitted by right or Transference Coverage /Reduced Landscape Area Maximum by conditional use GRFA of an EHU Type VI Any dwelling unit The EHU_may Shall be deterrrrined by N/A Shall be determined Per Chapter 12- Shall be Shall be maybe desianated one be sold or zanin an ropert by zonin on 10 as a dwailling determined by determined and deed restricted transferred RE20er% unit zoning on by zonin A as a Type VI imff—ate-ly, RLqperty. 211D!212 . EmRloyee Housing Unit. uniess already designated as an employee h2g "in unit. DESCR v �i Page 1 of 2 F: \EVERYO EyPECyME OSv99\xZorrEO15,Doc TOIVN�FI'riIL ROLES OF THE VI I n ARTICLE D. AFFORDABLE HOUSING (AH) DISTRICT F-\EVERYONE\DONMHU-HOUS\HOUSING2.DOC Last printed 09/01/99 10 :51 AM Pedestrian and bike paths. Public parks. Commercial uses which are secondary (as determined by the Planning and Environmental Commission ) to the use of deed restricted employee housing and developed in conjunction with deed restricted employee housing, in which case the following uses may be allowed subject to a conditional use permit: Banks and financial institutions. Eating and drinking establishments, Health clubs. Personal services. Professional offices, business offices, and studios. Retail stores and establishments. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the Planning and Environmental Commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property. & Dwelling units are not the primary use of the property and the number of dwelling units are a limited percentage of the overall development on the site. C. Dwelling units are only created in conjunction with deed restricted employee housing. 12-9D-4: ACCESSORY USES: The following accessory uses shall be permitted in the AH District: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12 -14 -12 of this Title. Private greenhouses, tool sheds, playhouses, attached garages or carports, swimming pools, or recreation facilities customarily incidental to permitted residential and lodge. uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-9D-5: SETBACKS: T he setbacks in this district shall be 20' from the perimeter of the zone district. 12-9D-6: SITE COVERAGE: Site coverage shall not exceed fifty five percent (55%) of the total site area, F:\EVERYONE\DONI\EHU-HOUS\HOUSING2.DOC - HOUS\I- OUSING2.DOC Minutes September 13, 1999 Doug Cahill said he was an advocate for airlocks, but asked if the applicant could request a variance. Chas Bernhardt said the airlock was into a gray area as interior space and he then asked the applicant if he would be willing to put this in a Town of Vail housing pool. Robert Shonkwiler said he wouldn't want to be restricted, nor would he want to be called all the time. Tom Weber said this was interior space and asked if he could designate the parking space and get rid of the door. Robert Shonkwiler said this was a two-car garage and an acceptable solution. He said, according to the Building Code, that interior space was defined as heated and this space was not heated. Dominic Mauriello said the P could approve this and it could be worked out with staff for code compliance. 40 Brian oyon said he was fine with this. He said the covered parking space was being considered by Council to not be required. Galen Aasland said it was not appropriate to encumber the applicant with future guidelines and that he was willing to have the applicant work with the Town staff. He said the P had to be fair and consistent with all applications that come in. Tom Weber made a motion for approval, in accordance with the staff memo and findings and with an additional condition that the applicant work with Town staff in providing access that complies with the Town code. ERSIXIM! 2. A request for a conditional use permit, to allow for the operation of a medical facility, located at 2971 Bighorn Road #7DD / Building 7 , Pitkin Greek Park. Dominic Mauriello gave an overview of the staff memo. He asked if the PEC was interested in lowering the lot size requirement to encourage redevelopment. He said there were approximately 300 lots below 15,000 sq. ft. He said he just wanted to see which direction the Board wanted to go. Tom Weber said EHU's should be rented, rather than selling off a unit in the garage or basement and he said the real need was for a strong rental market. He said he would like to restudy the requirements for buying a unit. He mentioned locals who owned property couldn't make it to the next level if they needed more space according to the requirements. Chas Bernhardt said he liked Tom's idea of keeping it a rent-" Galen Aasland said he was in favor of selling a Type I unit without restricting the primary unit. He felt as soon as it sold, the ski pass or other incentive should go with the rental unit. Planning and Environmental Commission 4 Minutes September 13, 1999 Tom Weber asked if it made sense to create another type of employee housing unit for people who rented out rooms in their house. I WO 9 =1 =01 Galen Aasland said the only reason to bring a unit in would be if it was non-conforming unit and you received a ski /parking pass. Brian oyon asked for the numbers of lots under 15,000 sq. ft. Dominic Mauriello said that staff ballparked the figure by looking at the map and counting lots in each subdivision. 1 0 Chas Bernhardt said he was not in favor of increasing density. He said if we could have more EHU's created by dropping the bar, then we should try it. Dominic Mauriello said we would see more Type 11 ET's created. He said any new lots would have to be 15,000 sq. ft. Galen Aasiand said he was not sure if increased activity on the lots would be well received by the community, but he was in favor of the development standards. Planning and Environmental Commission Minutes September 13, 1999 5: A request for a conditional use permit, to allow for the construction of a Type 11 employee 9