HomeMy WebLinkAbout1999-0913 PECC
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. 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
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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
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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
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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
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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.
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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."
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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
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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
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• 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
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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
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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
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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
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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
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& 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
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ROLES OF THE VI I
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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