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HomeMy WebLinkAbout2008-0211 PEC�� TOWNOF VA1L ' cannMUwm oEVE�oaw�u-r MEMBERS PRESENT PLANNING AND ENVIRONMENTAL COMMISSION February 25, 2008 12:00 pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS ABSENT 12:OOpm - Training: Lionshead Redevelopment Master Plan (lunch provided) Site Visits: 1. Williams Residence - 2570 Bald Mountain Road Driver: Bill Please note: Times of items are approximate and subject to change. 1 2. 60 minutes 1:00 pm 15 minutes A request for a final review of a variance from Section 12-6C-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition within the west side setback, located at 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13, and setting forth details in regard thereto. (PEC070036) Applicant: Ed Williams, represented by William Hein Associates Planner: Bill Gibson ACTION: MOTION: SECOND: VOTE: CONDITION(S): 45 minutes A request for a final review of a development plan, pursuant to Section 12-61-11, Development Plan Required, and Section 12-61-3, Conditional Uses, Vail Town Code, to allow for a redevelopment of Solar Vail into a mixed use development to include Type VI employee housing units, professional offices, subterranean parking, and public utilities installations including transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 8, Block 2, Vail Potato Patch, and setting forth details in regard thereto. (PEC070052) Applicant: Sonnenalp Properties, Inc., represented by Gwathmey Pratt Schultz Lindall Architects, P.C. Planner: Scot Hunn ACTION: MOTION: SECOND: CONDITION(S): VOTE: 45 minutes 3. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. (PEC070075) Applicant: Town of Vail Staff/Planner: Nina Timm and Bill Gibson ACTION: MOTION: SECOND: VOTE: CONDITION(S): Page 1 10 minutes 4. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulation amendments to Section 12-14-20, Commercial Core Construction, Vail Town Code, to allow for the extension of the commercial core temporary construction signage for businesses, and setting forth details in regard thereto. (PEC080003) Applicant: Town of Vail Planner: Bill Gibson ACTION: MOTION: SECOND: VOTE: CONDITION(S): 5 minutes 5. A request for a final review of variance from Section 12-6C-5, Setbacks, and Section 12-6C-11, Parking, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a front and side setback encroachment and to reduce the required on site parking to facilitate construction of an addition, located at 3035 Booth Falls Road/Lot 12, Block 1, Vail Village 13th Filing, and setting forth details in regard thereto. (PEC080002) Applicant: John and Katherine Adair, represented by Pure Design Studio Planner: Bill Gibson ACTION: Tabled to March 10, 2008 MOTION: SECOND: VOTE: 6. Approval of February 11, 2008 minutes MOTION: SECOND: 7. Information Update 8. Adjournment MOTION: SECOND: VOTE: VOTE: 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. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published February 22, 2008, in the Vail Daily. Page 2 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 25, 2008 SUBJECT: A request for a final review of a variance from Section 12-6C-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition within the west side setback, located at 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13, and setting forth details in regard thereto. (PEC070036) Applicant: SVII c/o Ed Williams, represented by William Hein Associates Planner: Bill Gibson I. SUMMARY The Applicant, SVII c/o Ed Williams, represented by Bill Hein Associates, is requesting a final review of a variance from Section 12-6C-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow an addition within the west side setback, located at 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13, and setting forth details in regard thereto. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of this application, subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The Applicant, SVII c/o Ed Williams, represented by Bill Hein Associates, is requesting a variance to accommodate a proposed renovation of the west duplex unit at 2570 Bald Mountain Road. This proposed renovation will include the construction of a 293 sq.ft. garage addition (expanding from one bay to two) on the north side of the structure, an 108 sq.ft. entry and master bath addition (enclosing the breezeway between the existing house and the existing garage), and a 211 sq.ft. second story bedroom and bathroom addition (located above the existing and proposed garage spaces and breezeway enclosure). Approximately 13.5 sq.ft. of improvements are proposed on the both the main and upper levels of the structure within the required 15 foot west side setback. A vicinity map (Attachment A), the previous architectural plans (Attachment B), the revised request (Attachment C), and the revised architectural plans (Attachment D) are attached for reference. III. BACKGROUND The subject property was annexed into the Town of Vail in 1972 and subdivided with Town of Vail approval in 1976. In 1978, the original developer obtained Town of Vail design review approval and a building permit to construct the existing duplex. The originally approved building permit plans show that the duplex was to be constructed 16 feet from the west property boundary. In 1981, the Town of Vail approved an addition to the residence based upon the original site plan information. In 1982, attorneys representing the owners of the adjacent Lot 34 sent a letter to the Town of Vail indicating that the subject duplex was not originally constructed in its approved location. The letter also noted that the approved 1982 addition was actually being constructed on the adjacent Lot 34, rather than on the subject site. There is a hand written note on the file copy of that letter that reads: "Resolution was encroaching was removed." A copy of a 1980 Improvement Location Certificate (ILC) showing the true location of the subject duplex was submitted in a 2002 letter to the Town of Vail. Based upon this ILC, the subject duplex was constructed within the west side setback and has been encroaching upon the adjacent neighbor's property for at least 27 years. In 1992, the east unit of the subject duplex obtained Town of Vail approval to enclose the breezeway originally separating the house and garage. In 2007, the east unit obtained Town of Vail approvals for a new entry awning. The Planning and Environmental Commission reviewed a similar variance request by the applicant at its November 12, 2007, public hearing. At that time the applicant was proposing a larger addition to the home with more substantial encroachments into the property's west setback. The Commission voted 7-0-0 to deny that variance request. The applicant subsequently filed an appeal of the Commission's November 12th denial. On January 8, 2008, the Vail Town Council tabled the appeal discussion to February 5, 2008, at the applicant/appellanYs request. The applicant and their representatives explored various design alternatives to the proposed additions that would substantially reduce the requested encroachments into the required setback area. Based upon the applicant's request to amend their variance proposal; at its February 5, 2008, public hearing the Council voted 7-0-0 to remand this request back to the Planning and Environmental Commission for further review. IV. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS Article 12-6D: Two-Family Primary/Secondary Residential (P/S) District (in part) 12-6D-1: PURPOSE: The two-family primary/secondary residential district is intended to provide sites for single-family residential uses or two-family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same zone district. The two-family primary/secondary residential district is intended to ensure adequate light, 2 air, privacy and open space for each dwelling, commensurate with single- family and two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. 12-6D-6: Setbacks In the primary/secondary residential district, the minimum front setback shall be twenty feet (20'), the minimum side setback shall be fifteen feet (15'), and the minimum rear setback shall be fifteen feet (15). Chapter 12-17: Variances (in part) 12-17-1: Purpose: A. Reasons for Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity,� or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. Chapter 12-18: Nonconforming Sites, Uses, Structures and Site Improvements 12-18-1- Purpose This chapter is intended to limit the number and extent of nonconforming uses and structures by prohibiting or limiting their enlargement, their reestablishment after abandonment and their restoration after substantial destruction. While permitting nonconforming uses, structures, and improvements to continue, this chapter is intended to limit enlargement, alteration, restoration, or replacement which would increase the discrepancy between existing conditions and the development standards prescribed by this title. Chapter 12-18-2: Continuance Nonconforming sites, uses, structures, and site improvements lawfully established prior to the effective date hereof may continue, subject to the limitations prescribed in this chapter. Sites, uses, structures, and site improvements lawfully authorized by permits or regulations existing prior to the effective date hereof may continue, subject to such limitations as prescribed by such permits or regulations. V. SITE ANALYSIS Address: 2570 Bald Mountain Road Legal Description: Lot 33, Block 2, Vail Village Filing 13 Zoning: Two-Family Residential District Land Use Plan Designation: Low Density Residential Current Land Use: Duplex Lot Size: Hazards: Standard Setbacks (min): Front: West Side East Side Rear: GRFA (max): West Unit: East Unit: 46,483 sq. ft. (1.067 acres) Moderate Hazard Debris Flow Allowed/Required Existin Proposed 20 ft. 15 ft. 15 ft. 15 ft. 9,438 sq. ft. n/a n/a 45 ft. 35 ft. 0 ft. 0 ft. (additional encroachments) 40 ft. no change 180 ft. no change 6,255 sq. ft. 6,697 sq. ft. 2,806 sq.ft. 3,248 sq.ft. 3,449 sq.ft. no change Site coverage (max.): 9,297 sq. ft. (20%) 3,764 sq. ft. (8%) 4,294 sq. ft. (9%) Landscape (min.): 27,890 sq. ft. (60%) 38,494sq. ft. (83%) 38,278 sq. ft. (82%) Parking 6 West Unit: 3 East Unit: 3 8 (3 enclosed) 9 (4 enclosed) 4 (1 enclosed) 5 (2 enclosed) 4 (2 enclosed) no change VI. SURROUNDING LAND USES AND ZONING Existinq Use Zoninq North: Residential Two-Family Residential District South: Open Space Outdoor Recreation District East: Residential Two-Family Residential District West: Residential Two-Family Residential District VII. REVIEW CRITERIA The review criteria for a request of this nature are established by Chapter 12-16, Vail Town Code. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The existing duplex structure does not conform to the minimum 15 foot west side setback requirements. It appears that an error occurred during the original construction of this residence and the structure was not sited in its approved location. This error was not discovered until several years after the initial construction was complete and after a subsequent addition was also constructed. Since the existing structure was not lawfully established in its existing location, the structure is not "legally non-conforming" in regard to the Town's setback requirements. 4 Staff believes the proposed enclosure of the existing breezeway and the proposed garage expansion further the Town's development objectives of creating enclosed parking and connecting residences with their associated garages to create single unified structures. The neighboring duplex, located to the west at 2550 Bald Mountain Road, is sited further downhill (south) from Bald Mountain Road than the applicanYs duplex. The neighboring property also includes mature trees and substantial landscaping directly adjacent to the applicanYs proposed additions. Therefore, Staff believes the proposed breezeway enclosure and garage expansion will have only minor impacts to the existing and potential uses and structures in the vicinity in comparison to existing conditions. The November 12, 2007, Commission packet included a letter from the Applicant's western adjacent property owners, Rocky Christopher and Dr. Ronal Wollard, stated that the previous proposal was "acceptable" to them. Staff believes this revised proposal will have less impact to the neighboring properties than the previous November 12t" design. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. The Planning and Environmental Commission has consistently granted setback variances for new garage additions to homes that were originally constructed without garages or with inadequate garages, since the construction of a garage furthers the Town's development goals and objectives related to traffic and parking. The Planning and Environmental Commission often found that the location of these homes on their sites created hardships warranting a variance. Therefore, Staff supports the construction of a garage addition within the west setback to allow the Applicant to expand the garage similar to the east unit of this duplex and other sites in the vicinity and within the Two-Family Residential District. The Vail Town Code requires duplex residences to be physically connected to their associated garages to create a single, unified structure. The Applicant's proposal to enclose the existing breezeway to connect the existing residence and garage achieves this Town development object. In 1992, the east unit of this duplex enclosed the original breezeway separating that unit from its garage. Staff believes the applicant should be afforded the same opportunity. Therefore, Staff supports the construction of an addition within the west setback to enclose their breezeway similar to the east unit. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff does not believe this proposal will have a significant impact on the public health, safety or welfare, public facilities, or utilities in comparison to existing conditions of the site. � l�lll 4. Such other factors and criteria as the commission deems applicable to the proposed variance. STAFF RECOMMENDATION The Community Development Department recommends approval, with conditions, of a final review of a variance from Section 12-6C-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition within the west side setback, located at 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this variance request with conditions, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, the applicant's request for a variance from Section 12-6C-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition within the west side setback, located at 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission impose the following condition: "1. This approval is contingent upon the applicant obtaining approval of the associated design review application. " Should the Planning and Environmental Commission choose to approve this variance request with conditions, the Community Development Department recommends the Commission makes the following findings based upon a review of Section VII of the Staff's February 25, 2008, memorandum to the Planning and Environmental Commission, and the evidence and testimony presented: "The Planning and Environmental Commission finds: 1. The granting of this variance, with conditions, will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Two-Family Residential District. 2. The granting of this variance, with conditions, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. This variance, with conditions, is warranted for the following reasons: a. The strict literal interpretation or enforcement of the specified regulation will result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code. 6 b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the Two-Family Residential District. c. The strict interpretation or enforcement of the specified regulation will deprive the applicant of privileges enjoyed by the owners of other properties in the Two-Family Residential District." IX. P►TTACHi�EiVTS A. Vicinity Map B. Previous Architectural Pians � C. Applicant's Request D. 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'��'f ---�------- -..__._...---._�.._�� � I ��, ' �� ' i i I .� �x ,� � � � �� �- ��; ,�, " �� �, �3 �1 � �X.15T1NC-r �iyVl—fi��l`�IS " _. _ � We:ft u��rr �i.�'1� �3 3�.OG'� 2 ,3Tr =-�i!�IC� ' Z°.>7G P.+4LL'l :1��1.',1�1'f/�!N R+-�: = � � `' u4�L, cc.y-or�r� : V�` :;r. . CQ ;_FO s�-� ,4ttachment C Archi�ecture/Ptanning ��9�1�5S������5 Membe�s of the American InstituFe of Archifects Memo �to s From: Date: Town of Vail • Community Develapmen� Department Bi11 Hein Wm�.Hein Associates February 12, 2008 Subject: Additianal Revisions Wes� UYis.�t - Two Fa�iil'y Duplex 257Q Bald Mountain Road . Lot 33, Block 2, Vail Village Filing 13 Vail, Co.lorado The accompanying.information repr.esen�s adjustments to.the praposed rede�ign for the r�model of the above referenced duplex unito Is�ues of concern relat�ng.ta setback conflicts along the w�st property line have been addressed and the revised plans �eflect a minimum amount af square footage that projects into�the se�backe This small encroachmen� - 13b5 sq.ftea�t both the Main Level and �the Upper Level - is needed t�, allaw a 1oc�ical connectian af the existing unit to the existing garage. Th�se adjusicments are �.n keeping with discussions concerning the project �rith TowM staff. The project redesign inc•ludes the following:. - Relocatian of laundry•to lower level - Red�sign of maste.� bath area at upper ievel - Elimination of praposed b�d.�oom suite above ga.�ag� - Reduction of height and mass of area at e�panded garaqe - reducing impact on adjacen� properties - Significant ueduction of proposed new square: foota.q��. far ihe unit wi�th a min�mum proposed beyond �the setback line Along with the above men�ioned adj.ustmen�ts, the follawing is a recap of the change� to the existing unit that have already been agreeded tos - Rede�ign of exterior �o upda�te and improve an old, tired 1970's structure � - Remove existing decks currently in the setback at at the main level 3�3 Easf Alamedn � Denver, Co{orado 8Q209 3Q3-722-84Q1 fax 303-648-0665 February 12,�2008 Page Two - Remove south facing at the upper level - Replace the enti�e ta the structure to acceptable shingie deck off of the master bedroom exte�ior finish and materials include stucco, stone and Town roof ing Additionally, the following square_footage adjustment applieso As previously proposed, the amount-of added (new) square feet on :t;he main level totaled 170 sq.ft. of which (+f-) 87sgofto was beyand the setback line and a total of 62$ sg,ft. was �sroposed at the upper levei of whic�i. (+/-) 262 was in the setbacke The current proposal reduces thase numbers signi�f- icantly wit�. a main level total of 108 sqafte of which 13.5 sq.ft. is in the se�tback. The upper level to�tal reduces to 211 sqofte with•13e5 sq.ft. is beyon� the setback lineo A tremendous amount of time has been invested ta bring.this projec� to this pointo Numerous meetings with adjacent owners have resulted in their support for the project. Th� unit owners appreciate Town staff effarts and time spent on their behalf in helping with a difficult situation. The unfortunate conditaon that exist� w�,th the origanal placemen�t of the structure in the west setback crea�ed probl�ems. fo.� t:he owners and the Town alike. 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' ..: : . . . . . ..... _ _ .,,�_ . ......... ........ ....... ..� f V :'�; . -- - .�� ..... _.. �� f. vcr wc _ xm wr �y , �\ 2=�,c D�!.v!�tcu�:�W :-o°r, �\ �\ .. o '� M^wN L=%Cl: tt?JJ a•h+ � � i ' � � Zz�J r.NC.'_v,.'YiiMinniL�c_..' � � � � � �`J/T1. fCAFi T'-- 2.F�7d E'��..P I��.J,h�1Tia;IN �;�,C�' ;'Iti,'F ;T IaNIT,:' �,�� II _ r:-�! .%»=.�r.;--> :�i,f.r=- MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 25, 2008 SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters 12-23, Commercial Linkage and 12- 24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. (PEC070075) Applicant: Town of Vail, represented by Nina Timm, Housing Coordinator Planner: Bill Gibson I. SUMMARY The Applicant, Town of Vail, is requesting a a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters 12-13, Employee Housing, 12- 23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements. In addition to amendments to the Chapters listed above there will be amendments to all the established zone districts which contain employee housing units as a permitted or conditional use. The applicant has submitted the application in response to a request from the Planning and Environmental Commission to clarify certain portions of the adopted regulations. Staff is recommending that the Planning and Environmental Commission forwards a recommendation of approval of the proposed amendments to Chapters 12-13, Employee Housing, 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, based upon the criteria found in Section VI of this memorandum. II. DESCRIPTION OF REQUEST The Applicant, Town of Vail, is requesting a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters 12-13, Employee Housing, 12- 23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements. In addition to amendments to the Chapters listed above there will be amendments to Articles 12-6A, Hillside Residential District; 12-6B, Single- Family Residential District; 12-6C, Two-family Residential District; 12-6D, Two- Family Primary/Secondary Residential District; 12-6E, Residential Cluster District; 12-6F, Low Density Multiple-Family District; 12-6G, Medium Density Multiple-Family District; 12-6H, High Density Multiple-Family District; 12-61, Housing District; 12-7A, Public Accommodation District; 12-7B, Commercial Core 1 District; 12-7D, Commercial Core 3 District; 12-7E, Commercial Service Center; 12-7F, Arterial Business District; 12-7H, Lionshead Mixed Use 1 District; 12-71, Lionshead Mixed Use 2; District; 12-7J, Public Accommodation 2 District; 12-8A, Agricultural and Open Space District; 12-8D, Ski Base/Recreation District; 12-8E, Ski Base/Recreation 2 District; 12-9B, Parking District; 12-9C, General Use; to incorporate changes to the employee housing types listed as permitted or conditional uses within each district and facilitate the implementation of these regulations. The Applicant is recommending that all commercial linkage and inclusionary zoning requirements for new construction and demo/rebuild projects be addressed through the on-site unit mitigation method. This recommendation is based upon several factors, including: • The scarcity of developable land resources; • The financial, political, and practical difficulties associated with the construction of any free standing employee housing development; • The need for additional workforce housing to ensure the long term sustainability of Vail's economy; • An opportunity to improve the Town's sense of community; • On-site units create "live-work" opportunities; • On-site units create less demand on, and impact to, the Town's infrastructure; • The Town of Vail has an opportunity to become a leader in addressing employee housing within Eagle County; and, • 70% of the community's workforce housing needs created by future development are not addressed by these regulations; The Applicant recommends the remaining four mitigation methods (e.g. conveyance of property on-site, off-site units, payment of fees-in-lieu, and conveyance of property off-site) only be available to developers when one of the following findings are made by the applicable governing body: • That implementation of the on-site unit mitigation method would be contrary to the intent and purpose of the applicable zone district. • That implementation of the on-site unit mitigation method would be contrary to the goals of the applicable elements of the Vail Comprehensive Plan and the Town's development objectives. • That exceptional or extraordinary circumstances or conditions apply to the site that prevents the implementation of the on-site unit mitigation method. • That the method of mitigation proposed better achieves the intent and purpose of this Chapter and general and specific purposes of this Title than the on-site mitigation unit method. 2 The Applicant and the Vail Local Housing Authority also recommend the following additions and/or changes to Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning. • There is no prioritization of the mitigation methods for all other types of development projects. • Establishing that any required mitigation of less than 1.25 employees or any remaining unit floor area of less than 438 sq. ft. may always be provided through the fee-in-lieu mitigation method; • Establishing that projects resulting in a total mitigation requirement of less than 1.25 employees or less than one whole unit will be reviewed administratively; • Establishing policies to address potential requests to modify an approved Employee Housing Plan; • Creating a new EHU "type" category in the Town Code for any unit used to mitigate a commercial linkage or inclusionary zoning requirement. This is necessary to distinguish these mitigation units from the other six types of EHUs already allowed within the Town of Vail; • Clarifying that the intent of Table 23-2, Size of Employee Housing Units, for Commercial Linkage was that a three bedroom unit and any unit with more than three bedrooms mitigate at the same rate of 3.5 employees; • Clarifying the Mitigation Banking regulations; • Allowing mitigation types of EHUs as permitted uses in the applicable zone districts, rather than conditional uses. Staff has identified the proposed changes to be made in the attached draft Ordinance (Attachment B). Text that is to be deleted is in °+r��°� text that is to be added is in bold, and sections of text that are not to be amended may be omitted. III. BACKGROUND • There is a substantial, direct, and rational connection between the need for housing of employees generated by new development and redevelopment and the requirements for the provision of employee housing, as documented in the report entitled, "Town of Vail Nexus/Proportionalitv Analvsis for Emplovee Housinq Mitiqation Proqrams." • It is the Town Council's goal to provide housing for at least thirty percent (30%) of the net new employees generated from residential and commercial development in the Town of Vail through the conjunctive efforts of Commercial Linkage and Inclusionary Zoning. • On April 3, 2007, the Vail Town Council adopted Ordinances Nos. 7 and 8, establishing Chapter 23, Commercial Linkage and Chapter 24, Inclusionary Zoning of the Vail Town Code for the purpose of requiring new development and redevelopment to provide a reasonable and appropriate percentage of new employee housing which has a nexus to new job generation. At its December 11, 2007, public hearing, the Planning and Environmental Commission requested Staff bring forward recommendations for amendments to Chapters 12-23, Commercial Linkage, and 12-24, Inclusionary Zoning, to better define the Commission's role in reviewing Employee Housing Plans and to clarify the priority of the five approved mitigation methods. • The Vail Local Housing Authority discussed the Commission's request at their December 12, 2007, meeting. The Authority determined that the on-site mitigation method is the highest priority and forwarded a recommendation that half the required employee housing mitigation be required on-site for new construction and demo/rebuild projects. • The Commission discussed this recommendation and numerous other issues related to employee housing at its January 14, 2008, public hearing. • At the Town Council's January 22, 2008, Council Member retreat and again at its subsequent public hearings, the Town Council indicated that providing on-site units is the most desirable employee housing mitigation method and fee-in-lieu is the least desirable method, except when necessary to address partial requirements. • At the February 11, 2008, Planning and Environmental Commission public hearing the Commission requested Staff forward recommendations for amendments to Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning to achieve the following: • Prioritization of the five approved mitigation methods based on value to the community; • Flexibility and/or incentives for better mitigation options rather than a requirement for all on-site mitigation; and • A predictable review process. • At the February 14, 2008, special meeting of the Vail Local Housing Authority the Authority again discussed establishing a priority order for the allowed employee housing mitigation methods. At the meeting, the Authority reconfirmed its recommendation: At least half of requisite employee housing mitigation must be provided on-site for all new development and demo-rebuild projects where Commercial Linkage and Inclusionary Zoning apply. Without this requirement the Authority does not believe that on-site unit mitigation will be pursued by developers. Much of the discussion regarding the available mitigation options has centered on calculation formulas, financial parity, who would manage the development of housing projects, and the like. However, if these arguments are set aside and the question is asked "what scenario is in the best interest of the community from a long-term 4 planning standpoinY', it becomes clear that on-site employee housing will provide: • The most certain delivery of employee housing; • The greatest reduction in vehicular traffic (and associated noise and pollution) by employees; • The greatest reduction in public parking needs by employees; • Reduce the loading of employee volume on our public transportation systems; • Best retain employee spending in town of Vail service businesses; and • Most effectively create the energy of a vibrant, lived-in community in our resort core and commercial areas. Additionally, the Authority recommends: The remaining requisite mitigation be provided via any of the five allowed employee housing mitigation methods, or a combination thereof, at the developer's discretion. This recommendation is based on the Authority's belief that today all five mitigation methods provide value to the community. The Housing Authority does support adding three of the staff recommended criteria to allow for relief from the on-site requirement. The Authority does not recommend adopting language that allows a developer to provide a creative or "superior" employee housing mitigation plan that could no longer require at least half of the requisite employee housing mitigation be provided on-site. The Housing Authority is also committed to annually reviewing the priority of the five employee housing mitigation methods and offering their recommendation to the Vail Town Council. This review is anticipated in March of each year to coincide with the annual review of the fee-in-lieu rates. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, text 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 text amendment application. � Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Vail Local Housing Authority: The Vail Local Housing Authority is responsible for forwarding a recommendation to the Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. V. APPLICABLE DOCUMENTS Staff believes the following documents are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS Chapter 12-1, Title, Purpose and Applicability (in part) Section 12-1-2: Purpose A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 8. 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 ef�cient pedestrian and vehicular traffic circulation and to /essen congestion in the streets. 6 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. Chapter 12-3: Administration and Enforcement: (in part) 12-3-7: AMENDMENT: C. Criteria and Findings: 2. Prescribed Regulations Amendment: 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: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and 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 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and 7 5. Such other factors and criteria the commission and/or council deem applicable to the proposed text amendment. Chapter 13: Employee Housing: (in part) 12-13-1: Purpose: The town's economy is largely tourist based and the health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a strong, high quality and consistently available work force. To achieve such a work force, the community must work to provide quality living and working conditions. Availability and affordability of housing plays a critical role in creating quality living and working conditions for the community's work force. The town recognizes a permanent, year round population plays an important role in sustaining a healthy, viable community. Further, the town recognizes its role in conjunction with the private sector in ensuring housing is available. Chapter 23: Commercial Linkage: (in part) 12-23-1: Purpose and Applicability: A. The purpose of this chapter is to ensure that new commercial development and redevelopment in the town provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such commercial development and redevelopment. Chapter 24: Inclusionary Zoning: (in part) 12-24-1: Purpose and Applicability: A. The purpose of this chapter is to ensure that new residential development and redevelopment in the town of Vail provide for a reasonab/e amount of employee housing to mitigate the impact on employee housing caused by such residential development and redevelopment. TOWN OF VAIL LAND USE PLAN Chapter II: Land Use Goals/Policies (in part) 5. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.2 Quality time share units should be accommodated to help keep occupancy rates up. 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 p/ace 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 VILLAGE MASTER PLAN Chapter V: Goals, Objectives, Policies and Action Steps (in part) Goal #2: To foster a strong tourist industry and promote year-around economic health and viability for the village and for the community as a whole. 2.6 Objective: Encourage the development of affordable housing units through the efforts of the private sector. 2.6.1 Policy: Employee housing; units may be required as part of any new or redevelopment project requesting density over that allowed by existing zoning. 2.6.2 Policy: Employee housing, shall be developed with appropriate restrictions so as to insure their availability and affordability to the local work force. 2.6.3 Policy: The Town of Vail may facilitate in the development of affordable housing by providing limited assistance. LIONSHEAD REDEVLOPMENT MASTER PLAN Chapter 4: Master Plan Recommendation — Overall Study Area 4.9 Housing Recent community surveys and grass-roots planning efforts such as Vail Tomorrow have identified the lack of locals housing as the most critical issue facing the Vail community. Early in the Lionshead master planning process, west Lionshead was identified as an opportunity area to implement some of the community's housing goals, particularly relating to employee housing. These opportunities and associated issues are outlined below. 4.9.1 No Net Loss of Employee Housing Ground rule number five of the master plan states that there shall be no net loss of employee housing in Lionshead as redevelopment occurs. 9 Visual Issues 4.9.2 The financial realities of affordable housing often require cost reducing measures, generally involving the quality of detailing, planning, and architectural design. Given the strong desire to make these housing projects feasible, it is recommended that some latitude be granted to affordable housing developers. However, it is also important that financial realities not be used as an excuse to produce unsightly, poorly designed, substandard products. Employee housing does not need to match the architectural sophistication of a five star resort development, but it does need to be good quality construction and design. Rivers Edge in Avon is a good example of an attractive yet affordable employee housing project. 4.9.3 Policy Based Housing Opportunities The first means of implementing housing goals in Lionshead is through policy based requirements such as the employee generation ordinance currently being pursued by the Vail Town Council. As required by a future ordinance, all development and redevelopment projects, as a prerequisite to project approval, should provide housing for employees generated and to the extent possible this housing should be located in the Lionshead area. VAIL 20/20 STRATEGIC PLAN Executive Summary (in part) Housin : 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. Community Values (in part) Diversity: Vail values maintaining a diverse population of residents, workers and visitors, with a broad representation of age, family composition, ethnic background and economic means. Land Use and Development (in part) 20/20 Vision: The pedestrian ambiance and scale of Vail Village and Lionshead continues into 2020, where the European alpine charm of Vail is replicated in its new development. The unique character of Vail is evident from the Tyrolean building style that speaks of Vail's history, to the mountain contemporary style that heralds technological advancement. The vibrant mixed-use pedestrian core areas of Vail attract guests, residents and businesses. The diversity of businesses within the core areas provides something for everyone and the new affordable housing options are seamlessly integrated into the community's fabric. 10 Growth has been carefully managed to be sustainable and complementary to the natural environment. 20/20 Implementation: Based on input from the community during the 20/20 process, town staff developed the following goals and action strategies to support the land use and development vision. The goals also reflect the common themes heard from the community during the 20/20 process, including a need for more employee housing, increased environmental sustainability, reduction of 1-70 impacts and managed growth. Goal #4: Provide for enough deed-restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. Actions/Strategies • Update housing regulations to include more zone districts that are required to provide employee housing. • Redevelop Timber Ridge to increase number of employee beds. • Use employee housing fund for buy-downs and other programs that will increase the number of employees living within the town. • Address the zoning regulations to provide more incentives for developers to build employee housing units. Housing (in part) 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. 20/20 Implementation: Based on input from the community during the 20/20 process, town staff with the Vail Local Housing Authority, developed the following goals and action strategies to support the housing vision. 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. 11 Actions/Strategies: • Research and propose next steps for strengthening the town's inclusionary zoning and commercial linkage policies, including requirements for more zone districts. • Research parking requirements for employee housing and consider reducing requirements for employee housing developments. • Ensure pay-in-lieu funds generate as many workforce housing units as possible. • Establish protocol for disbursement of dedicated housing fund resources. Research and secure potential alternative (besides pay-in-lieu) funding sources for employee housing. EAGLE COUNTY HOUSING NEEDS ASSESSMENT, 2007 (see Attachment C) SECTION 8- HOUS/NG NEEDS AND GAPS Keep Up Needs Housing Demand from Job Growth - According to employment forecasts developed by the Colorado Department of Local Affairs, Eagle County will have a net gain of over 4,400 jobs in the next three years and approximately 10,300 additional jobs by 2015. Job growth in Eagle County will be the result of expansion by existing employers, new residential development and new commercial/industrial development. Of employers surveyed, 41 percent indicated they plan a net increase in jobs in the next two years. Gaps Given employment growth over the seven-year period between 2000 and 2007 of 7,222 jobs (1,032 per year), the estimated increase of 10,316 jobs in the eight years between now and 2015 (1,290 per year) may be slightly over stated. The 4,776 additional housing units needed to accommodate new jobs by 2015 should, therefore, be viewed as the maximum number likely to be needed solely to support employment growth. There is a significant gap between the current demand (catch-up) units and the number of units available as of April, 2007. The difference of 3,398 units between current demand for 4,446 units and current listings of 1, 048 units represents the magnitude of the gap between what residents and in-commuting employees want for housing and what the free market is providing. The difference for each AMI category represents the net demand between what residents and in-commuters can afford and the free market price of units. The gap is largest in the 81 to 120 percent AMI range. Since federal and state housing programs only serve households with incomes equal to or less than 80 percent AMI (Low Income 12 Housing Tax Credits and several grant programs have even lower income eligibility standards) addressing the gap in the 81 to 120 percent AMI range will require partnering with private developers and other local solutions that do not rely on funding from outside of Eagle County. Proportionately, households with incomes greater than 140 percent AMI are the best served by the free market, with units available to meet approximately 64 percent of current demand. These figures are dynamic; additional units will be placed on the market during 2007 that will slightly lower the gap. With 88 percent of the current listings affordable only for households with incomes greater than 140 percent AMI, the change should not significantly impact planning for solutions to address catch-up demand. EAGLE COUNTY HOUSING NEEDS ASSESSMENT, 1999 (see Attachment D) Section 9: Conclusions and Recommendations (in part) • Develop county-wide commercial linkage and inclusionary zoning programs. Requiring employers to provide housing for employees is supported by nearly 70% of the county's residents. Well over half support requiring that a percentage of all new homes be designated for employee housing. • Develop affordable housing throughout the county except for seasonal workers, whose housing should be concentrated in Vail. VI. REVIEW CRITERIA 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and These regulations were adopted in April, 2007, and mitigation was intended to provide developers with prescribed employee housing mitigation requirements. As implementation of the requirements has occurred, it appears there is a need to clarify requisite Employee Housing Plan expectations to achieve desired outcomes as well as better define certain aspects contained within the regulations. Staff believes the proposed text amendments clarify the existing regulations and will continue to further the general and specific purposes of Title 12, Zoning Regulations, and Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning. Staff believes the proposed text amendments are consistent with the Zoning Regulation's general purpose "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." 13 Staff believes the proposed text amendments are consistent with the Zoning Regulation's specific purposes: "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. 11. To otherwise provide for the growth of an orderly and viable community. " Staff also believes the proposed text amendments are consistent with the purposes of the Employee Housing, Commercial Linkage, and Inclusionary Zoning chapters of the Zoning Regulations that state: "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." "12-23-1: Purpose and Applicability: The purpose of this chapter is to ensure that new commercial development and redevelopment in the town provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such commercial development and redevelopment." "12-24-1: Purpose and Applicability: The purpose of this chapter is to ensure that new residential development and redevelopment in the town of Vail provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such residential development and redevelopment." 14 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 As Commercial Linkage and Inclusionary Zoning only address a small percentage of net new employees generated by new development and redevelopment it is imperative that each development mitigate its own employee housing requirements on-site. Looking into the future there will be no alternatives to providing employee housing within the Town of Vail. Additionally, the employee housing regulations do not even address a majority of new or existing employees. As Staff began to analyze the five approved mitigation methods to understand what modifications may be required to "equalize" the value of each of the mitigation methods it became apparent that if the community preferred on-site mitigation this was only going to be achieved by requiring on-site mitigation. Initially Staff looked at small incremental increases to each of the methods in order to create parity. Through analysis it became apparent that ensuring on-site is the preferred mitigation method and on-par with fee-in-lieu or other mitigation methods, dramatic changes would be necessary and would likely still not create the desired on-site mitigation outcome. A copy of this analysis has been attached for reference (Attachment A). To address the Commission's request for flexibility, a finding is proposed to provide a developer relief from the on-site unit mitigation requirement. • That the method of mitigation proposed better achieves the intent of this Chapter than the on-site mitigation method. To address developer's concerns about predictability, the proposed recommendations provide developers with the most predictable employee housing review process possible. It clearly identifies and requires the community's most valued employee housing mitigation method while allowing relief from the requirement if it is contrary to: The intent and purpose of the applicable zone district; The goals of the applicable elements of the Vail Comprehensive Plan and the Town's development objectives; and The unique conditions or circumstances that exist on the site or structure. Staff believes the text amendments are proposed to further refine expectations for requisite employee housing mitigation and elaborate on specific sections of the regulations. The proposed text amendments are necessary to more clearly state the community's goal of on-site employee housing. The proposed text amendments are also necessary to achieve this goal in a simple and direct manner. Staff believes the proposed 1� amendments will better achieve the Town's stated goal of housing 30% of the workforce within the community than the existing regulations. Staff believes the proposed text amendments would better implement and better achieve the following adopted goals, objectives and policies of the Vail Land Use Plan: "5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 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 believes the proposed text amendments would better implement and better achieve the following adopted goals, objectives and policies of the Vail Village Master Plan: "Goal #2: To foster a strong tourist industry and promote year- around economic health and viability for the village and for the community as a whole." "2. 6 Objective: Encourage the development of affordable housing units through the efforts of the private sector. 2. 6.1 Policy: Employee housing; units may be required as part of any new or redevelopment project requesting density over that allowed by existing zoning. 2. 6. 2 Policy: Employee housing, shall be developed with appropriate restrictions so as to insure their availability and affordability to the local work force. 2. 6. 3 Policy: The Town of Vail may facilitate in the development of affordable housing by providing limited assistance. " Staff believes the proposed text amendments would better implement and better achieve the following adopted goals, objectives and policies of the Lionshead Redevelopment Master Plan: 16 "4.1 Housing Recent community surveys and grass-roots planning efforts such as Vail Tomorrow have identified the lack of locals housing as the most critical issue facing the Vail community. 4.9.3 Policy Based Housing Opportunities The first means of implementing housing goals in Lionshead is through policy based requirements such as the employee generation ordinance currently being pursued by the Vail Town Council. As required by a future ordinance, all development and redevelopment projects, as a prerequisite to project approval, should provide housing for employees generated and to the extent possible this housing should be located in the Lionshead area." Staff believes the proposed text amendments would better implement and better achieve the following adopted goals, objectives and policies of the Vail 20/20 Strategic 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. Actions/Strategies • Update housing regulations to include more zone districts that are required to provide employee housing. • Redevelop Timber Ridge to increase number of employee beds. • Use employee housing fund for buy-downs and other programs that will increase the number of employees living within the town. • Address the zoning regulations to provide more incentives for developers to build employee housing units." "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. Actions/Strategies: • Research and propose next steps for strengthening the town's inclusionary zoning and commercial linkage policies, including requirements for more zone districts. " Staff believes the proposed text amendments would better implement and better achieve the following adopted goals, objectives and policies of the Eagle County Housing Needs Assessment: 17 "Develop county-wide commercial linkage and inclusionary zoning programs. Requiring employers to provide housing for employees is supported by nearly 70% of the county's residents. Well over half support requiring that a percentage of all new homes be designated for employee housing. Develop affordable housing throughout the county except for seasonal workers, whose housing should be concentrated in Vail. " The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Staff believes the proposed text amendments are a response to the actual implementation of new regulations adopted in April, 2007. These regulations allow developers full discretion to choose which existing employee housing mitigation works best to their advantage. However, the results of these existing regulations are not achieving the Town's stated goals and priorities of creating additional on-site units. A system or incentives, or disincentives, could be created to encourage the construction of more on-site units; however, this approach further complicates the Commercial Linkage and Inclusionary Zoning regulations and still does not ensure the community will achieve its housing goals. The proposed text amendments are necessary to more clearly state the community's goal of on-site employee housing. The proposed text amendments are also necessary to achieve this goal in a simple and direct manner. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. Employee Housing Units are allowed in 23 of the Town's 26 zone districts. They are only prohibited in Heavy Service (the three existing gas station sites) and two of the open space districts (Natural Area Preservation District and Outdoor Recreation District). As permitted or conditional uses, the construction of Employee Housing Units in these 23 zone districts is encouraged and is inherently consistent with the Town's development objectives. As described in criteria #1 and #2 above; employee housing requirements in general and employee housing regulations specifically related to on- site units are consistent with the goals and objectives of the Town's Zoning Regulations, Land Use Plan, Vail Village Master Plan, Lionshead Redevelopment Master Plan, 20/20 Strategic Plan, and the Eagle County Housing Needs Assessment. 18 Staff believes the proposed text amendments will continue to facilitate and provide a harmonious, convenient, workable relationship among land use regulations that are consistent with the Town of Vail master plans and development objectives. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. VII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval of the text amendments outlined in the attached Draft Ordinance No. 1, Series of 2008. Should the Planning and Environmental Commission choose to recommend approval of this request; Staff recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval of staff's recommended text amendments for prescribed regulation amendments to Chapters 12-13, Employee housing, 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. " 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 makes the following findings: "Based upon the review of the criteria outlined in Section VI 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. " 19 VIII. ATTACHMENTS A. Comparison of Mitigation Methods B. Draft Ordinance No. 1, Series of 2008. C. Eagle County Housing Needs Assessment, 2007 D. Eagle County Housing Needs Assessment, 1999 20 Attachment A • As commercial linkage and inclusionary zoning exist today there is no priority order in the methods of mitigation. • The regulations apply to each method of mitigation equally. • The existing regulations, related to mitigation methods, are not providing the mitigation results the community most values. • Without dramatic policy change it may not be possible to achieve the desired employee housing mitigation. • The examples below illustrate the existing regulations, equally weighted mitigation methods, as well as attempting to prioritize mitigation methods with weighted mitigation rates. Hypothetical Residential Project 126,311 square feet of new residential development 126,311 sq ft x 10% Inclusionary Zoning = 12,631 sq ft Mitigation Methods Today Value/Sq Ft Est. Cost On-Site Sq Ft 10% 12,631 $500 $6,315,500 Off-Site Sq Ft 10% 12,631 $100 $1,263,100 Fee-in-Leiu 10% 12,631 $236.65 $2,989,126 Mitigation Methods Equally Weighted Value/ Sq Ft Est. Cost On-Site Sq Ft 10% 12,631 $500 $6,315,500 Off-Site Sq Ft 50% 63,155 $100 $6,315,500 Fee-in-Lieu 21.25% 26,841 $236.65 $6,351,923 Mitigation Methods with Priority Value/Sq Ft Est. Cost On-Site Sq Ft 10% 12,631 $500 $6,315,500 Off-Site Sq Ft 65% 82,102 $100 $8,210,200 Fee-in-Lieu 35% 44,209 $236.65 $10,462,024 21 Attachment B DRAFT ORDIN/�NCE NO. 1 SERIES 2008 AN ORDIIVANCE AMENDING ARTICLES 12-6A, HIL�SIDE RESIDENTIAL DISTRICT; 12-6B, SINGLE-FAMILY RESIDEfVTIAL DISTRICT; 12-6C, TWO- FAMILY RESIDENTIAL DISTRICT; 12-6D, TUVO-FAMILY PRIMARY/SECONDARY RESIDENTIAL DISTRICT; 12-6E, RESIDENTIAL CLUSTER DISTRICT; 12-6F, LOW DE(VSITY IVIU�TIPLE-FAMILY DISTRICT; 12-6G, .MEDIUiVI DENSITY MUI.TIPLE-FAMILY DISTRICT; 12-6H, HIGH DENSITY MULTIPLE-FAiUIILY DISTRICT; 12-61, HOUSING DISTRICT; 12-7A, PUBLIC �4CCOMMODATION DISTRICT; 12-7B, CONiMERCIAL CORE 1 DISTRICT; 12-7C, COMIVIERCIAL CORE 2 DISTRICT; 12-7D, COMMERCIAL CORE 3 DISTRICT; 12-7E, CONIMERCIAL �ERVICE CENTER; 12-7F, ARTERIAL BUSINESS DISTRICT; 12-7H, LIONSHE,4D MIXED USE 1 DISTRICT; LIONSHEAD IViIXED USE 2 DISTRICT; 12-7J, PUBLIC ACCOMMODATION 2 DISTRICT; .12-8A, AGRICULTURAL AND OPEN SPACE DISTRICT; 12-8D, SKI BASE/RECREATION DISTRICT; 12-8E, SKI BASE/RECREATION 2 DISTRICT; 12-9B, P/�RKING DISTRICT; 12-9C, GENERAL USE;, CHAPTER 12-13, EIVIPLOYEE HOUSING, CHAPTER 12-23, COMMERCIAL LINKAGE, AIVD CHAPTER 12-24, INCLUSIOPVARY ZONING, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, on February 25, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of for the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 `of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines the provisions of Chapter 12-23, Commercial Linkage and Chapter 12-24, Inclusionary Zoning, Vail Town Code, must be amended to clarify the basis on which Employee Housing Plans shall be reviewed; and, WHEREAS, the Town Council finds and determines that the amendments are 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, based upon Section VI of the StafF memorandum to the Planning and Environmental Commission dated February 25, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning Regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated February 25, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated anc! 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 highes� quality, based upon Section VI of the Staff memorandum dated February 25, 2008, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated February 25, 2008, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Article 12-6A, Hillside Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#�i�e�la�e�gk�, text that is to be added is bold. Sections of teXt that are not amended have been omitted.) 12-6A-2: PERMITTED USES: .The following uses shall be permitted in the HR district: Single-family residential dwellings. ' Employee Housing Units, as further regulafed by chapter 13 of this title. � , • Section 2. Article 12-6B, Single Family Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in �/�/�e�#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6B-2: PERMITTED USES: The following uses shal! be permitted in the SFR district: Single-family residential dwellings. � " Employee Housing Units, as further regulated by chapter 13 of this title. � � • Section 3. Article 12-6C, Two-Family Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in ,�t-�i{�l�e�, text that is to be added is bald. Sections of text that are not amended have been omitted.) 12-6G2: PERMITTED USES: The following uses shal! be permitted in the R district: Single-family residential dwellings. � Two-family residential dwellings. � ' Employee Housing Units, as further regulated by chapter 13 of this title. , • � •. Section 4. Article 12-6D, Two-Family Primary/Secondary Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in �i�et-l��e�g�t, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6D-2: PERMITTED USES: The following uses shall be permitted: Single-family residential dwellings. Two-family residential dwellings. �� ' Employee Housing Units, as further regulated by chapter 13 of this title. � • � • Section 5. Article 12-6E, Residential Cluster District, of the Vail Town Code is hereby amended as follows (text to be deleted is in st�-���+�F�, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6E-2: PERMITTED USES: The following uses shall be permitted in the RC district: Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings with no more than four (4) units in any new building. Single-family residential dwellings. , Two-family residential dwellings. �,e�-l� employee housing units, as further regulated by chapter 13 of this title. 12-6E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the RC district, subject to issuanee of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as furfher regulated by section 12-14-18 of this title. Business offices, as further regulated by subsection 12-16-7A13 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by secfion 92-14-12 of this title. Private clubs. Professional office, as further regulated by subsection 12-96-7A93 of this title. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. �� ' • . . . . Employee Housing Units, as further regulated by chapfer 93 of this title. Section 6. Article 12-6F, Low Density Multiple-Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s�c�e�#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6F-2: PERMITTED USES: The following uses shall be permitted in the LDMF district: Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. �y�ee--I-� . . Employee Housing Units, as further regulated by chapter 13 of this title. 12-6F-3: CONDITIONAL USES: The following conditional uses sl�all be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance wifh the provisions of chapter 16 of this title: Bed and breakfasts as fu+ther regulated by section 12-94-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schoois. Public buiidings, grounds and facilities. Public park and recreation facilities. � Public utility and public service uses. Ski lifts and tows. � T��� . . . . . . Employee Housing Units, as further regulated by chapier 13 of this title. Section 7. Article 12-6G, Medium Density Multiple-Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in �et��#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6G-2: PERMITTED USES: The following uses shall be permitted in the LDMF district: Multiple-famrly residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. ' Employee Housing Units, as further regulated by chapter 13 of this title. 12-6G-3: COND1TlONAL USES: The following conditional uses shall be permitted in the LDMF district, subject fo issuance of a canditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12=14-18 of this title. Dog kenne/s. Funiculars and other similar conveyances. , Home child daycare facilities as further regulated by section 92-14-12 of this iitle. Private clutis. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Emp/oyee Housing Units, as further regulated by chapter 13 of this fitle. Section 8. Article 12-6H, High Density Multiple-Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in �et�er�, text that is to be added is bold. Sections of text that are not amended have been omitted.) 4 12-6H-2: PERMITTED USES: The following uses shall be permitted in the HDIVIF district: Lodges, including accessory eating, drinking, recreational or retail establishments, located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area (GRFA) of the main structure or structures on the sife; additional accessory dining are.as may be located on an outdoor deck, porch, or terrace. Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. T��.�,c ' Employee Housing Units, as further regulated by chapter 13 of this title. 12-6H-3: CONDtTIONAL USES: The following conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 96 of this tifle: Bed and breakfasts as furfher regulated by section 92-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking: Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public parking structures. Pubiic transportation terminals. Public unstructured parking. Pubiic utility and public service uses. . Religious institutions. Ski lifts and tows. � Timeshare units. Employee Housing Units, as t'urther regulated by chapter 13 of this fitle. Section 9. Article 12-61, Housing District, of fihe Vail Town Code is hereby amended as follows (text to be deleted is in �#�ik�et-#��, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6I-2: PERMI TTED USES: The following uses shaU be permitted in the H district: Bicycle and pedestrian paths. � • Employee Housing Units, as further regulated by chapter 13 of this title. Passive outdoor recreation areas, and open space. 12-61-3: CONDI TIONAL USES: The following conditional uses shall be permitted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction wifh employee housing, in which case the following uses may be allowed subject to a conditional use permit: Banks and financial institutions. � Business offices and professionai offices as further regulated by section 12-16-7 of this title. Child daycare facilities. Eating and drinking establishments. Funiculars and other similar conveyances. Health clubs. Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor shops, and similar services. 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. Dweliing units are created solely for the purpose of subsidizing employee housing on the property, and . B. Dwelling units are not the primary use of the properfy. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and -- C. Dwelling units are only created in conjunction with employee housing, and D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools. Public buildings, grounds and facilities. � Public parks and recreationai facilities. . Public utilities installations including transmission lines and appurtenant equipment. .��� ' Employee Housing Units, as further regulated by chapter 13 of this title. Section 10. Article 12-7A, Public Accommodation District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#f+l�l�su��t, fext that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7A-2: PERMITTED USES: The following uses shall be permitted in the PA district: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (90%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. ' Employee Housing Units, as further regulated by chapter 13 of this title. � 92-7A-3: CONDITIONAL USES: The following conditional uses shal! be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this titJe: Bed and breakfasts, as further regulated by section 12-94-18 of this title. Fractional fee club units as further regulated by subsection 12-16-7A8 of this title. Healthcare facilities. Lodges; including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fitteen percent (15%) of the total gross residential floor area of the main structure or structures on the site. Major arcades. • Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Professional and business offices. Public and private schoo/s. Public buildings, grounds and facilities. Public parking structures. Public parks and recreational facilities. Public fransportatian terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Theaters and convention facilities. T��� . . . . . . Employee Housing Unifs, as further regulated by chapter 13 of this title. Section 11. Article 12-7B, Commercial Core 1 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#-r-���er�g#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-78-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: B.Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: � 8. ��e-EI� employee housing units, as further regulated by chapter 13 of this title. 12-78-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B.f?ermitted Uses: The foltowing uses shall be permitted on the first floor or street � level within a sfructure: 4. T�-,�./� ' Employee Housing Unifs, as further regulated by chapter 93 of this title. 12-78-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR: A.Permitted Uses; Exception: The following uses shall be permitted on the second floor above grade within a structure; provided, however, that a conditional use permit will be required in accordance with chapter 16 of this title for any use which eliminates any existing dwelling or accommodation unit or any �portion thereof.� g, .��-/-u " Employee Housing Units, as further regulated by chapter 13 of this title. 8. Conditional Uses: The following uses shall be permitted on second floars above grade, subject to the issuance of a conditional use permit in accordance with fhe provisions of chapter 16 of this title: Dog kennels. Electronics sales and repair shops. Household appliance stores. Liquor stores. Luggage stores. Meeting rooms. Outdoor patios. Theaters. a"�yee�-� . . . . . . Employee Housing Units, as further regulafed by chapter 13 of this title. 12-7B-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR: A. Permitted Uses: The following uses shall be permitted on any floor above the second floor above grade: Lodges. Multiple-family residential dwellings. �y�-�1� ' Empioyee Housing Units, as further regulated by chapter 13 of this title. B. Conditional Uses: The following uses shall be permitted on any floor above the second floor above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title. Any permitted or conditional use which eliminates any existing dwelling or accommodatian unit, or any portian thereof, shall require a conditional use permit. Such uses may include: 8. r'-,- �y�Ff . . . . . . Employee Housing Units, as further regulated by chapter 13 of this title. Section 12. Article 12-7D, Commercial Core 3 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#-�k-�#fe�k�, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7D-1: PERMITTED USES: The following uses sha// be permitted in the commercia! core 3 district: Banks and financial institutions. � Eating and drinking establishments, including the following: Cocktail lounges and bars. Cotfee shops: � Fountain and sandwich shops. Restauranfs. Health clubs. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. � Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Shoe repair. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. � Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Aufo parts stores. Bakeries and confectioneries, preparation of products for sale on the premises. Bookstores. Building materials siores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and g/assware stores. Delicatessens and specialty food stores. Department and generai merchandise stores. Drugstores. Electronics sales and repair shops. Florists. � Food stores. Furniture stores. Gift shops. Hardware stores. Health food stores. . Hobby stores. Household appliance stores. Jewelry stores. � Leather goods stores. Liquor stores. Music and record stores. Newsstands and tobacco stores. � Photographic studios. Radio and television broadcasting studios. � Sporting goods stores. Stationery stores. Supermarkets. � � Toy stores. Variety stores. Yardage and dry goods stores. �pe-l� ' Employee Housing Units, as further regulated by chapter 13 of this title. . Additional offices, business, or services determined to be similar to permitted uses in accordance with the provisions of this section. 12-7D-2: CONDI TIONAL USES: The following conditional uses shall be permitted in the commercial core 3 district, subject to issuance of a conditional use permit in accord with the provisions of chapter 16 of this title: . Any use permitted by section 12-7D-1 of this article which is nat conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. Brew pubs. Child daycare center. Commercial laundry and cieaning services, bulk planf. Commercial storage. Dog kennels. Drive-up facilities. Major arcades. Massage parlors. Outside car wash. Pet shops. Public buildings, g�ounds, and facilities. Public park and recreation facilities. Public utility and public service uses. � Radio and television signal relay transmission facilities. Theaters, meeting rooms, and convention facilities. Transportafion businesses. � Emp/oyee Housing Units, as further regulated by chapter 13 of this title. Section 13. Article 12-7E, Commercial Service Center District, of the Vaii Town Code is hereby amended as follows (text to be deleted is in ofr��cmivu9h� text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7E-3: PERMITTED USES: The following uses shall be permitted in the CSC district: Banks and financial institutions. � Eating and drinking estabtishments, including the following: Bakeries and delicatessens with food service. Cocktail /ounges and bars. Cotfee shops. Fountains and sandwich shops. Restaurants. Persona/ services and repair shops, including the following: Beauty �nd barber shops. Business and otfice services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Trave! and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries, including preparation of products for sale on the premises. � Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. l0 Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sa/es and repair shops. Florists: Food stores. Furniture stores. Gift shops. Hardware stores. Hobby stores. Household appliance stores. Jewelry stores. Leafher goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Pet shops. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Superrnarkets. Toy stores. Variety storea Ya�dage and dry goods stores. Additional offices, businesses, orseryices determined to be similar to permitted uses in accordance with the provisions of section 12-7E-2 of this article. Emplvyee housing unifs as provided in chapfer �3 of this title. 12-7E-4: CONDI TIONAL USES: The following conditional uses shall be permitted in the CSC district, subject #o issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 92-7E-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 92-14-18 of this title. Bowling aliey. Brew pubs. Child daycare centers. Commercial laundry and cleaning services. Dog kennels. Major arcades. Multiple-family residential dwellings and lodges. Outdoor operation of the accessory uses as set forth in section 92-7E-5 of this article. Private clubs. Private' parking structures. Private unstructured parking. 11 Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. Employee Housing Units, as further regulated by chapter 13 of this title. Section 14: Article 12-7F, Arterial Business District, of the Vail Town , Code is hereby amended as follows (text to be deleted is. in ���cirhnrc�u9rF'r� text that is to be added is bold. Sec�ions of text that are not amended have been omitted.) 12-7F-3: PERMI TTED USES: The following uses shall be permitted in the arterial business district: Eating and drinking establishments, as follows, are permifted on the first (sfreet) level: Cocktail lounges and bars. Coffee shops, fountains, sandwich shops and restaurant. Personal services and repair shops, as follows, are deemed to be generally accessory and/or supportive of office uses and shall be permitted on the first (street) level: Beauty and barber shops. Shoe repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices and studios. Radio and television broadcasting studios. Retail stores and establishments, as follaws, are deemed to be generally accessory and/or supportive of otfice uses and are therefore permitted so long as they do not exceed eight thousand (8, 000) square feet in floor area for each such business use and so long as they are located on the first (street) level: Art supply stores. Bookstores. Drugstores. Florists. Newsstands. Stationery stores. Tobacco stores. Additional offices, businesses or services determined to be similar to permitted uses in accordance with the provisions of section 12-7F-1 of this article. Employee Housing Units, as further regulated by chapter 13 of this title. 12-7F-4: CONDI TIONAL USES: A.Enumerated: The following conditional uses shall be permitted in the arterial business district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7F-3 of this article, wF►ich is not conducted entirely within a building. Bed and breakfasts as further provided by section 12-14-18 of this title. Brew pubs. 12 Child daycare ceriters. . Microbreweries. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public services uses, including screened outside storage. Service yards. Transportation businesses. Employee Housing Units, as furfher regulated by chapter 93 of this title. Section 15. Article 12-7H, Lionshead Mixed Use 1 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#-�IE��r�g#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7H-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: B.Permitted Uses: The following uses shall be permitted in basement orgarden levels within a structure: � Banks and financial institutions. Child daycare centers. . Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices, business otfices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier tickefing, ski school and skier services. Travel and ticket agencies. �.�.�},c " Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permiited uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B. Permitted Uses: The following uses shatl be permifted on the first floor or street level within a structure: Banks, with walk-up feller facilities. Child daycare centers. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. T��.{� ' Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. �I7e 12-7H-4: PERMITTED AND CONDITIONAL USES; SECON'D FLOOR AND ABOVE: A. Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: � Accommodation units. � Attached accommodation units. Lodges. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and e€-t#fs--�t-�e. �-�-}� ' Employee Housing Units, as further regulated by chapter 93 of this title. � Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Section 16. Article 12-71, Lionshead Mixed Use 2 District, of the Vail Town Code is hereby amended as follaws (text to be deleted is in �e��k�, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7/-2: PERMI TTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: B.Permifted Uses: The following uses shall be permitted in basement orgarden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professiona/ offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. T�ir� " Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 92-3-4 of this title. 12-71-3: PERMlTTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B.Permitted Uses: The following uses sha(/ be permiited on the first floor or street level within a structure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. �-{�r „�'+'�^�^��°° F;�w��?nry �-^:f Employee Housing Units, as furtherregulated by � �.. ._ chapter 13 of this title. • ]4 Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-71-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A. Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Lodges and accommodation units: Multiple-family residentiai dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and e�-�l��le) -�ae-�b� ' Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Section 17. Article 12-8A, Agriculture and Open Space District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#-r�l4��►�e�, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-8A-3: CONDI TIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 0� this title: Any use within public parks, recreation areas, and open spaces which involves assembly of more than fwo hundred (200) persons together in one building or group of buildings, or in one recreation area or other public recreational facility. Cemeteries. Low power subscription radio facilities. Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges. Public and private schoo/s. Religious institutions. Semipublic and institutional uses, such as convents and religious retreats. Ski lifts and tows. Employee Housing Units, as further regulated by chapter 13 of this title. Section 18. Article 12=8D, Ski Base Recreation District, of the Vail Town Code is hereby amended as follows (text to be deleted is in �ik�ka�e�#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-8D-3: CONDI TIONAL USES: The following conditional uses shall be permitted in fhe ski base/recreation district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Addition or expansion of storage buildings for mountain equipment. Additions or expansions of public or private parking structures or spaces. Bed and breakfast as further regulated by section 92-14-18 of this title. Child daycare center. Food and beverage cart vending. Public, private or quasi-public clubs. Recreation room/minor arcade. ts Redevelopment of public parks, playgrounds. Redevelopment of ski lifts and tows. Redevelopment of ski racing facilities. Redevelopment of water storage extraction and treatment facilities. Seasona/ structures to accommodate athletic, cultural, or educational.activities. Summer outdoor storage for mountain equipment. Summer seasonal community offices and programs. Employee Housing Units, as further regulated by chapter 13 of this title. Section 19. Article 12-8E, Ski Base Recreation 2 District, of the Vail Town Code is hereby amended as follqws (text to be deleteci is in s�l�k�Ia, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-8E-3: CONDITIONAL USES: The following conditional uses shall be permiited in the ski base/recreation 2 district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Brew pubs. Fractional fee units. Outdoor dining decks and patios. Private and pubtic clubs. Public utility and public service uses. Employee Housing Units, as further regulated by chapter 93 of this title. Additional uses determined to be similar to conditional or permitted uses described in this chapter, in accordance with the pr.ovisions of section 12-3-4 of this title. Section 20. Article 12-9B, Parking District, of the Vail Town Code is hereby amended as follows (text to be deleted is in sf�i�et�l�, text that is to be added is bold. Sections of text that are not amended have been omitted.) 72-9B-3: CONDITIONAL USES: The following conditional uses shall be permitted subject to issuance of a conditional use permit in accordance witn the provisions of chapter 16 of this title: Major arcades. . Parks and recreational facilities. Private or public off street vehicle parking structures. Public uses, private office and commercial uses that are transportation, tourist or town related and that are accessory to a parking structure. Temporary construction staging sites. For the purposes of this section, a"ter'nporary construction. staging site shall mean a site on which, for a temporary period of time, „ construction materials, heavy construction equipment, vehicles and construction trailers may be stored. Employee Housing Units, as further regulated by chapter 13 of fhis title. Section 21. Article 12-9C, General Use District, of the Vail Town Code is hereby amended as follows (text to be deleted is in �s#�i�e€k���, text that is to be added is bold. Sections of text that are not amended have been omitted.) 16 , 12-9C-3: CONDITIONAL USES: A.Generally: The following conditional uses shall be permitted in the GU district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Child daycare centers. _ Equestrian trails. Go/f courses. Healthcare facilities. Helipad for emergency and/or commuriity use. Major arcades. Plant and tree nurseries, and associated structures, excluding the sale of trees or other nursery products, grown, produced or made on the premises. Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schools. Public and quasi-public indoor community facilities. Public buildings and grounds. Public parking structure. Public theaters, meeti�g rooms and convention facilities. Public tourist/guest service related facilities. Public transportation terminals. Public unstructured parking. . Public utilities installations including transmission lines and appurtenant equipment. Religious institutions. Seasona/ structures or uses to accommodafe educational, recreational or cultural activities. Ski lifts, tows and runs. Employee Housing Units, as further regulated by chapter 13 of this title. Water and sewage treatment plants. Section 22. Section 12-13-4, Employee. 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T C `,�qy,V�, 01C � d� ro iD N C j, I�-, o v°�i N vQ'i N� i' NtiN�"i U O d d 01 � tm, i3 '"' U �; U O O O O O O�i d� � O� S a� ai ,� ::. ;;.UUU� L y� k 4:. � v� ... �j*�� h '�'a '�6oiain m m °'U�c�^� � °��ro y 'O b� LL. �] o o � v u c� � �n cu ts •.. �. � py ... ��p °> c U E U E m a''i a`� o`'iQ ��j��� m` o.o � fiC °'in�- o:: o E E E E,ow> c � hcvla m roy d•. N N�� O,��, U 3 CVi O O O O Gei j y•k � y chII .s'C �� d y aax�xn.QaQ�����m����mcnN �000 � N o 0 ��h �� d�CLT-� Q, c� C ,L:. � F�'CN � 5 � � � � °o N v.. O � 'C m � d Z m U C �9 C � � � N Section 23. C1�apter 12-23, Commercial Linkage, of the Vail Town Code is hereby amended as follows (text to be deleted is in �et#�e�gl�, text that is to be added is bold): 12-23-1: PURPOSE AND APPLICABILITY.' A. The purpose of this Chapter is to ensure that new commercial development and redevelopment in the Town provide for a reasonable .amount of employee housing to mitigate the impact on employee housing caused by such commercial development and redevelopment. 8: Except as provided in Section 12-23-5, this Chapter shall apply to all new commercial development and redevetopment located within the following zone districfs: 9. High Density Multiple Family (HDMF); 2. Public Accommodation (PA); 3. Public Accommodation 2 (PA2); � 4. Commercial Core 9 (CC1); 5. Commercial Core 2 (CC2); 6. Commer.cial Core 3 (CC3); 7. Commercial Service Center (CSC); 8. Arterial Business (ABD); 9. Genera/ Use (GU); 10. Heavy Service (HS); 19. Lionshead Mixed Use 1(LMU1); 12. Lionshead Mixed Use 2(LMU2); 13. Ski Base/Recreatioh (SBR); 14. Ski Base/Recreation 2 (SBR2); 15. Parking District (P); and 16. Special Development (SDD). C. The requirements of this Chapter shall be in addition to all other requirements of this Code. D. When any provision of this Chapter conflicfs with any other provision of this Code, the provision of this Chapter shall control. 22 Ordinance No. 1, Series of 2008, draft proposing 2, 500 square feet of new net floor area for an eating and drinking establishment, the equation would be as follows: ((2, 500 sguare feet = 1, 000 square feet) x(6. 75)) = 16. 875 new employees generated 16.875 new employees generated x 20% = 3.375 employees to be housed 12-23-3: SIZE AND BUILDING REQUIREMENTS: A.. Table 23-2, Size of Employee Housing Units, establishes the minimum size of EHUs and the number of employees that can be housed in each. All EHUs shall meet or exceed the minimum size requirements. TABLE 23-2 S/ZE OF EMPLOYEE HOUSING UN1TS Type af Unit Minimum Size Number of (GRFA) Employees Housed Dormitory 250 1 Studio 438 1. 25 One-Bedroom 613 1.75 Two-Bedroom 788 2•25 Three or More - 1,225 3.5 Bedroom B. Every EHU shall contain a kitchen facility or kitchenette and a bathroom. C. AlI trash facilities shall be enclosed. D. Parking shall be provided as required by this Title. E. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit to which it may be attached. � �� . .. � - - 24 Ordinance No. 1, Series of 2008, draft 12-23-2: EMPLOYEE GENERATION AND MlT1GATION RATES: A. The employee generation rates found in Table 23-1, Employee Generation Rates by Type of Commercial Use, shall be applied to each type of use in a commercial development. For any use not listed, the Administrator shall determine the applicabie employee generation �ate by consulting the Town's current nexus study. TABLE 23-� EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE Type of Use Employee Generation Rates Retail Store/Personal 2.4 Employees per 1, 000. feet of new Service/Repair Shop net floor area Business Office and Professional 3.2 Employees per 1,000 feet of new Office (excluding Rea/ Estate net floor area Office) Accommodation UnitlLimited 0, 7 Employees per net new units Service Lodge Unit Rea! Estate Office 5.1 Employees per 1, 000 feet of new net floor area Eating and Drinking 6.75 Employees per 1, 000 feet of Establishment new net floor area Conference Facility 0.8 Employees per 1,000 feet of new net floor area Health Club 0. 96 Employees per 9, 000 feet of new net floor area Spa 2. 9 Employees per 1, 000 feet of new net floor area B. If an appiicant submits competent evidence thaf the employee generation rates contained in Tabie 23-1 or the nexus study do not accurately reflect the number of employees generated by the proposed commercial development or redevelopment and the Administrator finds that such evidence warrants a deviation from those employee generation rates, the Administrator shall allow for such a deviation as the Administrator deems appropriate. C. Each commercial development or redevelopment sha/1 mitigate its impact on employee housing by providing EHUs fo� twenty percent (20%) of the employees generated, pursuant to Table 23-9, or the nexus study, in accordance with the requirements of this Chapter. For example, for a development 23 Ordinance No. 1, Series of 2008, draft / 12-23-4: REDEVELOPMENT.' Employee housing impacts need only be mitigated for a redevelopment that results in a greater number of .employees generated from an increase in net floor area, or an increase in the number of accommodation units ar limited service lodge units in the redevelopment; provided however, that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced in addition to the other requirements of this Chapter. 12-23-5: EXEMPTIONS: The following shall be exempt from this Chapter.� 1. The redevelopment of existing commercial development, if no new net floor area, accommodation units, or limited service lodge units are created; and 2 12-23-6: The construction o�' EHUs. METHODS OF MITIGATION: ' A. For all new construction and demo/rebuild projects that result in a mitigation requirement of 1.25 employees or greater, fhe mitigation of employee housing required by this Chapfer shall be accomplisF►ed with on-site units. 9. Excepfions: At the so/e discretion of fhe applicable governing body, an exception may be granted from this on-site. unit requiremenf should the applicable governing body make one of the following findings; � a. That implementafion of �the on-site unit mitigation method wou/d be contrary to the intent and purpose of the applicable zone districf. b. That implementation of the on-site unit mitigation method would be contrary to the goals of the applicable elements of the Vail Comprehensive Plan and the Town's development objectives. c. That exceptional or extraordinary circumsfances or conditions apply to the site fhat prevents the implemenfation of the on-site unit mitigation method. d. Thaf the method of mifigation proposed better achieves the intent and purpose of this Chapter and general and specific purposes of this Tit1e than the on=site mitigation unit method. 25 Ordinance No. 1, Series of 2008, draft 2. Ail on-site EHUs shall be deed restricfed as a"Type IV-CL" (type four, commercial linkage mitigation) or "Type Vl1-CL" (fype seven, commercial linkage mitigation) EHU in accordance with Chapier 12-13, Employee Housing, of this Title. 3. At the so/e discretion of the applicable governing body, an applicant may provide on-site dormitory sfy/e units. 4. An applicant may provide a payment of fees-in-lieu for any fractionai remainder of the requirement generated under this Chapter totaling /ess than 1.25 emp/oyees. �4 B. For Section 12-23-6A Chapter shall be following methods: all development projects, except those mitigated by above, the mitigation of employee housing required by this accomplished through one, or a�y combination, of the On-site units. a, , � , . All on-site EHUs shall be deed restricted as a"Type IV-CL" (type four, commercial linkage mitigation) or "Type VlI-CL" (type seven, commercial linkage mitigation) EHU in accordance with Chapfer 12-13, Emp/oyee Housing, of this Title. � � . .. .. •. • _ � • . . . ... ,. .. . •.• ..• . • .- . - .. � 2. Conveyance of property on-site. An applicant may convey on-site real property to the Town on which no covenants, restrictions or issues exist that wouid limit the construction of EHUs, at the so/e discretion of the Town Councit. This method does not mitigate the on- site unit requirements of Section 12-23-6A above, 3. Off-site units. a. The requisite number of EHUs, or a portion thereof, may be provided off-site within the Town, provided that such EHUs are deed restricted in accordance with this Chapter. b. At the sole discretion of the Planning and Environmental Commission, an applicant may provide off-site dormitory units, unless the application is for a Special 26 Ordinance No. 1, Series of 2008, draft Development District, in which case, the Town Council, in its sole discretion, may accept dormitory units as a method of mitigation. . � � ' a. The fee-in-lieu for each employee to be housed shall be estabiishec� annually by resolution of the Town Council, provided that, in calculating thaf fee, the Town Council shall include the net cost (total cost less the amount covered by rental or sale income) of real property and ali related planning, design, site development, legal, construction and construction management costs of the project, in current doilars, which would be incurred by the Town to provide housing for the employee to be housed in that year. b. An administrative fee, established by resolution of the Town Council, shall be added to the amount set for�h in paragraph a hereof. c. Fees-in-lieu shall be due and payable prior to the issuance of a building permit for the development. d. The Town shall only use monies collected from fees-in-lieu to provide new employee housing. 5. Conveyance of property otf-site. The Town Council may, at its sole discretion, accept the conveyance of property off-site in lieu of requiring the provision of EHUs, provided that no covenants, restrictions or issues exist on such property that would limit the construction of EHUs. . . 12-23-7: MlTIGATION BANK: A. The Town will provide credit for any EHUs constructed on-site, constructed otf-site, or otherwise acquired in anticipation of fufure commercial development or redevelopment, provided that those EHUs meet all applicable requirements of this Titie. However, the construction or acquisition of EHUs in anticipation of future development is at the sole risk of the applicant, because the commercial development shall be subject to all regulations pertaining ta EHUs which are in effect af the time the application for comm�rcial development review is submitted to the Town, even if those regulations change after the EHUs are constructed. 27 Ordinance No. 1, Series of 2008, draft B. It shall be the applicant's responsibility to provide documentation of any existing EHU credit upon submission of an application for deve%pment review. If the applicant cannot adequately document such credits, the Town shall not be obligated to provide such credit. 12-23-8: ADMINISTRATION: A. Each application for development review, except those exempt per Section 12-23-5, shall include an employee housing plan eF-s�era�-e#' ^���,r���which inciudes the followring: 1. Calculation Method. The calculation of employee generation, including credits if applicable, and the mitigation method by which the applicant proposes to meet the requirements of this Chapter; 2. Plans. A dimensioned site pian and architectural floor plan that demonstrates compliance with Section �2-23-3, Size and Building Requirements; 3. Lot Size. The average lot size of the proposed EHUs and fhe average lot size of other dwelling units in the commercial development or redevelopment, if any; 4. Schedules. A timeline for the provisi.on of any off-site EHUs; 5. Off-Site Units. A proposal for the provision of any off-site EHUs shall include a brief statement explaining the basis of the proposa/; 6. Off-Site Conveyance Request. A request for an off-site conveyance shall include a brief statemenf explaining the basis for the . request; 7. Fees-in-lieu. A proposai to pay fees-in-lieu shall include a brief statement explaining the basis of the proposal; and 8. Written Narrative. A written narrative explaining how the employee housing plan meets the purposes of this Chapter and complies with the Town's Comprehensive Plan. G. B. Governing Body: The Administrator shall �approve, approve with modifications or deny an employee housing plan invoiving a to�tal mitigation requiremenf of less than 1.25 emp/oyees. 28 Ordinance No. 1, Series of 2008, draft The Ptanning and Environmental Commission shall approve, approve with modifications or deny an employee housing plan unless the plan involves a fotal mitigation reguirement of /ess fhan 1.25 employees; the development �la� is located within a Special Development District; or the plan includes a request to convey property., . " � , . The Town Council shall approve, approve wifh modifications or deny an employee housing plan for a developrnent located within a Special Development District or a plan requesting to convey praperty, Before granting approval of an employee housing pian, the applicable governing body shall make findings that the employee hausing plan conforms to the general and specific purposes of this title, and that the plan is compatible with the applicable e/emenfs of fhe Vail Comprehensive Plan and the development objectives of the Town. �: E. If modifications to a submitted application for development review changes the obligations of the applicant under this Chapter, the applicant shall submit a modified employee housing plan. A modification to �an employee housing plan shall be reviewed by the body that reviewed the initial employee housing plan, in accordance with the provisions of fhis Chapfer. �: F. An approved employee housing plan shall become parf of the approved application for development review for the affected site. G. • Requests to arrrend an approved employee housing plan shall be reviewed in accordance with the procedures described in this Chapter. Ai the discretion of the Administrator, minor amendments that do not alter the basic intent or methodology of fhe plan may be approved, or approved wifh modificafions, or denied by the Administrator. 12-23-9: OCCUPANCYAND DEED RESTRICTIONS: A. No EHU shall be subdivided or divided into any form of timeshare unit or fractionai fee club unit. B. EHUs shall r►ot be leased for a, period less than thirty (30) consecutive days. C. An EHU may be sold or transferred as a separate unit on the site. D. An EHU shall be continuously occupied by an employee � and shall not remain vacant for a period in excess of three (3) consecutive months unless, despite reasonable and documented efforts to � occupy the EHU, �e�al efforts are unsuccessful. E. 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 Town of Vail Community Development Department containing the foliowing information: 29 Ordinance No. 1, Series of 2008, draft 9. Evidence to establish that the EHU has been occupied throughout the year by an employee; 2. The rental rate (unless owner-occupied); 3. The empioyee's employer, and 4. Evidence to demonstrate that at least one �e� person residing in the EHU is an employee. 12-23-10: TIMING: All EHUs required by this Chapter shal! be ready for occupancy prior to the issuance of a temporary certificate of occupancy for the affected commercial development or redevelopmenf. 12-23-11: VARIANCES: Variances from the requirements of this Chapter may be granted pursuant to the procedures and �tandards set forth in Chapter 17 of this Title. , 12-23-12: REVIEW.' A. Purpose. The Town Council intends that the application of this Chapter not result in an unlawful taking of private property without the payment of just compensation, and therefore, the Town Council adopts the review procedures set forth in this Section. 8. Planning and Environmental Commission review. Any applicant for commercial development who feels that the application of this Chapter would. effect an unlawful taking may apply to the Planning and Environmental Commission for an adjustment of the requirements imposed by this Chapter. If the Planning and Environmental Commission determines that the application of this Chapter wouid result in an unlawful taking of private property wifhout just compensation, the Planning and Environmental Commission may alter, lessen, or adjust employee housing requirements as applied to the particular project under consideration to ensure that fhere is no unlawful uncompensated taking. C. Town Council review. lf the Planning and Environmental Commission denies the retief sought by an appiicant, the appiicant may request a hearing before the Town Council. Such hearing shall be a quasi judicial hearing and conducted according to the Town`s rules and regulations regarding quasi- judicial hearings. At such hearing, the burden of proof shall be on the appticant to establish that the fulfillment of the requirements of this Chapter would effect an unconstitutional taking without just compensation pursuant to applicable law. . lf the Town Council determines that the application of this Chapter would effect an illegal taking without just compensation, the Town Council may alter, lessen, or adjust the employee housing requirements as appiied to the particular project under consideration to ensure that no illegal uncompensated taking occurs. The decision of the Town Council shail be final, subject only to judicial review. 30 Ordinance No. 1, Series of 2008, draft Section 24. Chapter 12-24, Inciusionary Zoning, of the Vail Town Code is hereby amended as follows (text to be deleted is in strflEe##�e�#, text that is to be added is bold): 12-24-1: PURPOSE AND APPLlCAB1LlTY.� A. The purpose of this Chapter is ta ensure that new residential development and redevelopment in the Town of Vail provide for a reasonable amount of employee housing to mitigate the impact on employee hausing caused by such residential development and redevelopment. B. This Chapter shall apply to all new residential development and redevelopment located within the following zone districts, except as provided in Section 92-24-5: 1. High Density Multiple Family (HDMF); 2. Public Accommodation (PA); 3. Public Accommodation 2 (PA2); 4. Commercial Core 1 (CC1); 5. Commercial Core 2 (CC2); 6. Commercial Core 3 (CC3); 7. Commercial Service Center (CSC); 8. Arterial Business (ABD); 9. General Use (GU); 10. Heavy Service (HS); 11. Lionshead Mixed Use 1(LMU1); 12. Lionshead Mixed Use 2(LMU2); 13. Ski Base/Recreation (SBR);. 14. Ski Base/Recreation 2 (SBR2); 15. Parking District (P); and 16. Special Development (SDD). C. The cequirements of this Chapter shall be in addition to all other requirements of this Code. D. When any provision of this Ghapter conflicts with any other provision of this Code, the provision of this Chapter shal! control. 31 Ordinance No. 1, 5eries of 2008, draft 12-24-2: EMPLOYEE HOUSING REQUIREMENTS: Every residential development and redevelopment shall be required to mitigate its direct and secondary impacts on the Town by providing employee housing at a mitigation rate of ten percent (10%) of the total new GRFA. For example, for a development proposing 5,500.square feet of new GRFA, the calculation would be as follows: 5,500 square feet of new GRFA x 10% mitigation rate = 550 square feet of empioyee housing to be provided � 12-2�-3: BUILDING REQUIREMENTS: A. Table 24-1, Size of Employee Housing Units, establishes the minimum size requirements for EHUs under this Chapter. All EHUs shall meet or exceed the minimum size requirements. TABLE 24-1 SIZE OF EMPLOYEE HOUSING UNITS Type of Unit Minimum Size (GRFA) Dormitory 250 Studio 438 One-Bedroom 693 Two-Bedroom 788 Three or More -Bedroo 1,225 B. Every EHU shall contain a kitchen facility or kitchenette and a bathroom. C. All trash facilities shall be enclosed. D. Parking shatl be provided as required by this Titie. E. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit to which it may be attached. � �� .. .. _ 32 Ordinance No. 1, Series of 2008, draff 12-24-4: REDEVELOPMENT: Employee housing need only be provided for the increase in the GRFA of a redevelopment; provided however, that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced in addition to other requirements of this Chapter. 12-24-5: EXEMPTIONS: The folJowing shall be exempt from this Chapter.� 1, The remodeling of an existing dwelling unit; 2. The replacement of a demolished residential development, provided the replacement structure does not exceed the total GRFA of the original structure; and 3. The construction of EHUs. 12-24-6: METHODS OF MITIGATION: A. For all new consfruction and demo/rebuild projects thaf result in a mifigation requirement of 438 sq. ft, or greater, the mitigation of employee housing reguired by this Chapter shall be accomplished with on-site units. 1. Exceptions: At the so/e discretion of the applicable governing body, an exception may be granted from this on-site unit requiremenf should the applicable governing body r�ake one of the following findings: a. Thaf implementation of the on-site unit mitigation method would be contrary to the intent and purpose of the applicable zone district. b, That implementation of the on-site unit mitigation method would be contrary to the goais of the applicable elements of the Vail Comprehensive Plan and the TovVn's develvpment objectives. c. That exceptional or extraordinary circumsfances or conditions apply fo the site that prevents the implementafion of the on-site unit miiigation method. d. That the method of mitigation proposed . better achieves fhe intent and purpose of this Chapter and general and specific purposes of this Title than fhe on-site mitigation unit method. 33 Ordinance No. 1, Series of 2008, draft 2. All on-site EHUs shall be deed restricted as a"Type IV-1Z" (type four, inclusionary zoning mitigation) or "Type VIl-IZ" (type seven, inclusionary zoning mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Tifle. 3. At fhe sole discretion of the applicable governing body, an applicant may provide on-site dormitory style units. 4. An applicant may provide a payment of fees-in-lieu for any fractional remainder of the requirement generated under fhis Chapter totaling /ess than 438 sq.ft, of EHU floor area. �t:- B. For Section 92-246A Chapter shali be follawing methods: al1 development projects, except fhose mitigated by above, the mitigation of employee housing required by this accomplished through one, or any co►nbination, of the On-site units. On-site units. a. � ' � . All on-site EHUs. shall be deed restricted as a"Type IV-1Z" (type four, inclusionary zoning mitigation) or "Type Vll-lZ" (type seven, inclusionary zoning mitigafion) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. b. , � , � Af the so/e discretion of the applicable governing body, an applicant may provide on-site dormitory sfy/e units. 2. Conveyance of property on-site. An applicant may convey on-site real property to the Town of Vail on which' no covenants, restrictions or issues exist that would limit the construction of EHUs, at the sole discretion of the Town Council. This method does not mitigate the on-site unit requirements of Section 12-24-6A above. 3. Off-site units. a. The requisite number of EHUs, or a portion thereof, may be provided otf-site wifhin the Town, provided fhat such EHUs are deed restricted in accordance with this Chapter. 34 Ordinance No. 1, Series of 2008, draft b. At the sole discretion of fhe Planning and Environmental Commission, an applicant may provide otf-site dormitory units, unless the application is for a Special Development District, in which case, the Town Council, in its sole discretion, may accept. dormitory units as a method of mitigation. 4. Payment of fees-in-lieu. a. The fee-in-lieu for each square foot shall be established annually by resolution of the Town Council, provided that in .calculating that fee, the Town Council shall include the net cost (totai cost less the amount covered by rental or sa/e income) of reai property and all related planning, design, site development, legal, construction and construction management costs of the project, in current dollars, which would be incurred by the Town to provide the square feet in that year. b. An administrative fee, established by resolution of the Town Council, shall be added to the arrmount set forfh in paragraph a hereof. c. Fees-in-lieu shall be due and payable prior to the issuance of a building permit for the development. d. The Town shall only use monies collected from the fees-in- lieu to provide new employee housing. 5. Conveyance of property otf-site. The Town Council may, at its sole discretion, accept a conveyance of rea/ property off-site in lieu of requiring construction of EHUs, provided that no covenants, restrictions or issues exist on the property thaf would limit the construction of EHUs. 12-24-7 MITIGATION BANK A. The Town will provide credit for any EHUs consfructed on-site, constructed off-sife, or otherwise acquired in anticipation of future residential devetopment or redevelopment, provided that those EHUs meet all applicable requirements of this Chapter. However, the construction or acquisition of EHUs in anticipation of future development is at the risk of the applicant, because the residentia! development shali be subject to atl regulations pertaining to EHUs which are in effect at the time the application for developrnent review is submitted to the Town, even if those regulations change atter the EHUs are constructed. B, it shall be the applicant's responsibility to provide documentation of any existing EHU credits upon submission of an application for development review. If the applicant cannot adequately document such credits, the Town shall not be obligated to provide such credits. 35 Ordinance No. 1, Series of 2008, draft 12=24-8: ADMINISTRATION: A. Each application for development review, except those exempt per Section 12-24-5, shall include an employee housing plan e� ��{^�-��'�-.��-e� e�tfe�-whicF► includes fhe following: . .. - 1. Calculation Method. The calculation of the inclusionary zoning requirement, including credits if applicable, and the mitigation method by which the applicant proposes to meet the. requirements of this Chapter, . 2. Plans. that demonstrates Requirements; A dimensioned site plan and architectural floor plan compliance with Section 12-24-3, Building 3. Lot Size. The average lot size of the proposed EHUs and the average lot size of other dwelling units in the commercial development or redevelopment, if any; 4. Schedules. A timeline for the provision of any off-site EHUs; 5. Off-Site Units. A proposal for the provision of any otf-site EHUs shall include a brief statement explaining the basis of the proposal; 6. Off-Site Conveyance Request. A request for an off-site conveyance shall include a brief statement explaining the basis for the request; and � 7. Fees-in-lieu. A proposal to pay fees-in-lieu shall include a brief statement expiaining the basis of fhe proposal. 8. Written Narrative. A written narrative explaining how the employee housing plan meets the purposes of this Chapter and complies with the Town's Comprehensive Plan. G. B. Governing Body: The Administrator shall approve, approve with modifications or deny an employee housing plan involving a total mitigation requirement of /ess than 4�38 sguare feet of EHU f/oor area. � The Planning and Environmental Commission shall approve, approve with modifications, or deny an employee housing ptan unless the plan involves less than 438 square feet of EHU floor area; the development � is located within a Special Development District; or fhe plan includes �a request to convey property, � ' 36 Ordinance No. 1, Series of 2008, draft The Town Council shall approve, approve wifh modifications or deny an employee housing plan � for a development located within a Special Development District or a plan requesting to convey property. Before granting approval of an employee housing plan, the applicabie governing body shall make findings thaf the� employee housing plan conforms to the genera! and specific purposes of this title, and that the plan is compafible with the applicable elements of the Vail Comprehensive Plan and the development objecgives of the Town. � C. If modifications to a submitted application for development review changes the obligations of the applicant under this Chapter, the applicant shall submit a modified employee housing plan. A modification to an employee housirtg plan shall be reviewed by the body that reviewed the initial employee housing plan, in accordance wifh the provisions of this Chapfer. � D. An approved Employee Housing Ptan shall become part of the approved application for development review for the affected site. E. Requests to amend an approved employee housing plan shall be reviewed in accordance with the procedures described in this Ghapter. At fhe discretion of the Administrator, minor amendments that do not alter the basic intent or methodology of the plan may be approved, or approved with modifications, or denied by the Administrator. 12-24-9: OCCUPANCY AND DEED RESTRICTIONS: A. No EHU sha11 be subdivided or divided into any form of timeshare unit or fractional fee club unit. 8. EHUs shall not be leased for a period /ess than thirty (30) consecutive days. C. An EHU may be sold or transferred as a separate unit on the site. D. An EHU shall be continuously occupied by an employee �e�e� and shall not remain vacant for a period in excess of three (3) consecutive months unless, despite reasonable and documented etforts to � occupy tl�e EHU, fe��al effo►ts are unsuccessful. E. No later than February 1 of each year, the owner of each EHU shall submit a sworn atfidavit on a t'orm provided by the Town with the following information: 1. Evidence to establish that the EHU has been rented or owner occupied throughout the year, 2. The rental rate (unless owner-occupied); 3. The employee's employer; and 37 Ordinance No. 1, Series of 2008, draft 4. Evidence to demonstrate that at least one #�� person residing in the EHU is an employee at a business located in Eagle County. 12-24-10: TIMING: All EHUs required by this Chapter shall be ready for occupancy prior to the issuance of a temporary certificate of occupancy for the a�fected residential development. 12-24-11: VARIANCES: Variances from the requirements of this Chapter may be granted pursuant to the procedures and standards set forth in Chapter 17 of this Title. 12-24-92: REVIEW.� A. Purpose. The Town Council intends that the application of this Chapter not result in an unlawful taking of private prope►ty without the payment of just compensation, and therefore, the Town Council adopts the review procedures set forth in this Section. B. Pianning and Environmental Cornmission review. Any applicant for residential development who feels that the application of thi� Chapter would effect an unlawful taking may apply to the Planning and Environmental Commission for an adjustment of the requirements imposed by this Chapter. if the Planning and Environmental Commission determines that the application of this Chapter would result in an unlawful taking of private property witMout just compensation, the Planning and Environmental Commission may alter, lessen, or adjust employee housing requirements as applied to the par�icular project under consideration to ensure that there is no unlawful uncompensated taking. C. Town Council review. lf the Planning and Environmental Commission denies the relief sought by an applicant, the applicant may request a hearing before the Town Council. Such hearing shall be a quasi judicial hearing and conducted according to the Town's rules and regulations regarding quasi- judicial hearings. At such hearing, the burden of proof shall be on the applicant to establish that the fulfillment of the requirements of this Chapter wouid effect an unconstitutional taking without just compensation pursuant to applicable law. If the Town Council determines that the application of this Chapter wouid effect an iflegal taking without just compensation, the Town Council may a/fer, lessen, or adjust the employee housing requirements as applied to the pariicular project under consideration to ensure that no illegal uncompensated taking occurs. The decision of the Town Council shall be final, subject only to judicial review. Section 25. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 38 Ordinance No. 1, Series of 2008, draft Section 26. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 27. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of an.y provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 28. All bylaws, orders; resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of March, 2008 and a public hearing for second reading of thrs Ordinance set for the 28th day of March, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk . .�. �....• �� • �- �� � �•�� � �- : � .. . ��: Richard D. Cleveland, Mayor Attest: �orelei Donaldson, Town Clerk 39 Ordinance No. 1, Series of 20�8, draft MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 25, 2008 SUBJECT: A request for a work session to discuss a development plan, pursuant to Section 12-61-11, Development Plan Required, and to discuss certain conditional uses, pursuant to Section 12-61-3, Conditional Uses, Vail Town Code, to allow for a redevelopment of Solar Vail into a mixed use development to include Type VI employee housing units, professional offices, subterranean parking, and public utilities installations including transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 8, Block 2, Vail Potato Patch, and setting forth details in regard thereto. (PEC070052) Applicant: Sonnenalp Properties, Inc., represented by Gwathmey Pratt Schultz Lindall Architects, P.C. Planner: Scot Hunn I. SUMMARY The applicant, Sonnenalp Properties, Inc., represented by Gwathmey Pratt Schultz Lindall Architects, P.C., has requested a work session with the Town of Vail Planning and Environmental Commission to discuss the revised development plan and associated conditional use permits for the re-development of the Solar Vail property into a mixed use project, located at 501 North Frontage Road West, to include: o One (1) building containing a total of 87,818 (gross) square feet; o Eight stories, inclusive of two levels of structured parking; o A maximum building height of 84 feet; o Eighty-two (82), deed restricted, Type VI employee housing units (EHUs); 0 4,850 square feet (net) of professional office uses; and o Telecommunications uses (cellular telephone antennae). Requested Outcome A work session is requested to discuss the proposed project, which has changed since the previous work session held with the Commission on August 27, 2007. Review and discussion is requested relative to recommendations of the Vail Comprehensive Plan, as well as, Housing District development standards and review criteria outlined in the Vail Town Code. The applicant will benefit from receiving feedback from the Commission regarding proposed permitted and conditional uses, as well as building bulk, mass, height, architecture, site development standards and any variations requested. No formal action is required of the Commission at this meeting. II. DESCRIPTION OF THE REQUEST The Solar Vail property currently serves exclusively as employee housing for the Sonnenalp Hotel operations. The applicant, in proposing this re-development, intends to maintain and expand this use as a direct nexus to employee housing needs generated by operation of the Sonnenalp Hotel in the Vail Village. Specifically, the applicant proposes this re-development to address, proactively, the current and future employee housing needs generated by the hotel operations. As well, the applicant has proposed, as a possible means to finance re-development of the site, to sell deed restrictions tied to units developed on the site to other businesses or developers in need of "off-site" employee housing mitigation in the future. The property has been re-zoned from the High Density Multi-Family (HDMF) District to the Housing (H) District, and a text amendment to the Housing District allowing for "Professional Offices and Business Offices" as conditional uses has been approved by the Vail Town Council. Such re-zoning and text amendments were requested to better facilitate the development of a significant number of employee housing units within the Town of Vail and to allow for the review of certain proposed conditional uses proposed as secondary and incidental to the use of employee housing. Key components of the current proposal include: • Demolition of two existing, four-story buildings containing 24 units, originally constructed in 1976; • Development of a new building containing 87,818 (gross) square feet; • Eight stories, inclusive of two levels of structured parking; • A maximum building height of 84 feet; • Eighty-two (82) deed restricted, Type VI employee housing units on five floors for primary use by employees of the Sonnenalp Hotel; • Development of approximately 4,850 square feet of office space on the first level; deed restricted linkage is proposed between office space (lease agreement) and dedicated EHUs within the building; one or two units are proposed to be "attached" to office space lease agreements and will be made part of an on-site employee housing management plan; • Creation of sixty-nine (69) enclosed parking spaces on two levels of underground parking (separated for office and residential uses) and eight (8) surface parking spaces for a total of seventy-seven (77) parking spaces on-site; • Preservation of the existing earthen berm and vegetation located between the existing parking lot and North Frontage Road; and • Preservation and upgrade of existing telecommunication antenna "farm" (to be better integrated into new architectural features of building). The Solar Vail development proposal is comprised of two (2) separate development review applications. Each application is intended to facilitate the re- development proposal. The development applications include, but may not be limited to: 2 A Development Plan application for development within the Housing (H) district; A Conditional Use Permit application for: o"Professional Office Uses" located on the office level of the structure; o"Public Utilities Installations including Transmission Lines and Appurtenant Equipment" (cellular communication antennae); and o"Type VI Employee Housing Units". In addition, the applicant is requesting "variations" to certain development standards, as permitted at the discretion of the Planning and Environmental Commission during review of any development proposal within the Housing District. Specifically, the applicant is requesting variations to: Setbacks — from 20 feet to approximately 15 feet between the proposed structure and the west property line; and Parking — from 133 required spaces (per Section 12-10-10, Vail Town Code), to 77 proposed for both residential and office uses. The applicant has provided responses to conditional use review criteria for employee housing units, professional business offices and public utility (cellular communication antennae) uses. As well, the applicant has provided written responses and justification to variations requested from setback and parking standards. A vicinity map identifying the location of the development site has been attached for reference (Attachment A). A copy of the document entitled Tear pown and Re-build of Solar Vail Emplovee Housinq dated January 28, 2008 (Attachment B), and a reduced set of plans dated January 25, 2008, is attached for reference (Attachment C). III. BACKGROUND The subject property was annexed into the Town of Vail by Ordinance No. 8, Series of 1969, which became effective on 8/23, 1969. The Solar Vail buildings (two, four-story wood and concrete structures) were initially developed as an employee housing project in 1976 and has served (exclusively) as the off-site employee housing for the Sonnenalp Hotel. These buildings were also approved for use as a telecommunications (cell) antenna "farm" site; housing multiple antennae for various co-users or providers. On August 27, 2007, the Town of Vail Planning and Environmental Commission held a work session to discuss plans for a similarly designed building. At that time, the applicant was proposing sixty-three (63) employee housing units (EHUs) and 4,700 square feet of professional office space. Two levels of parking were proposed, with a total of 71 parking spaces proposed. On December 4, 2007, the Vail Town Council voted unanimously to approve two separate ordinances, Ordinance No. 34, Series of 2007 and Ordinance No. 35, Series of 2007, on second reading. Ordinance No. 34 approved an amendment to the Official Zoning map for the Town of Vail, effectively re-zoning the subject property from the High Density Multi-Family (HDMF) District to the Housing (H) District. Ordinance No. 35, approved a text amendment for the Housing District to specifically allow for "Professional Offices and Business Offices" as conditional uses within the Housing District. Both the re-zoning of the property and the subsequent text amendment were requested to better facilitate the re- development of the site and, specifically, to allow a higher degree of flexibility in the design and layout of the site to accommodate a significant number of employee housing units and to allow for the review of certain proposed conditional uses. IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Planning and Environmental Commission on the various applications to be submitted on behalf of Sonnenalp Properties, Inc. A. Development Plan Review in the Housinq (H) zone district The Planning and Environmental Commission is responsible for final approval/denial of a Development Plan. The Planning and Environmental Commission shall review the proposal for compliance with the adopted criteria. The Planning and Environmental Commission's approval "shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, building bulk and mass, site improvements and landscaping." B. Conditional Use Permit (CUP) The Planning and Environmental Commission is responsible for final approval/denial of CUP. The Planning and Environmental Commission shall review the request for compliance with the adopted conditional use permit criteria and make findings of fact with regard to the project's compliance. Generally, the Planning and Environmental Commission is responsible to ensure that any uses permitted are located properly, to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. V. APPLICABLE DOCUMENTS Staff has provided portions of the Vail Town Code and several master plans which are relevant to the proposed topics for this work session. At the time of any final plan review there will be additional excerpts provided. Zoninq Requlations Chapter 6: Housing (H) Zone District (in part) 12-61-1: PURPOSE: The housing district is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone districts. It is necessary in this zone district to provide development standards specifically prescribed for each development 4 proposal or project to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The housing district is intended to ensure that employee housing permitted in the zone district is appropriately located and design to meet the needs of residents of Vail, to harmonious with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. 12-61-2: PERMITTED USES: The following uses shall be permitted in the H District: Bicycle and pedestrian paths. Deed restricted employee housing units, as further described in chapter 13 of this title. Passive outdoor recreation areas, and open space. 12-61-3: CONDIT/ONAL USES: The following uses shall be permitted in H district, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: "Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit: Banks and financial institutions. Child daycare facilities. Eating and drinking establishments. Funiculars and other similar conveyances. Health clubs. Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. Business offices and professional offices as further regulated by Section 12-16-7 of this title. 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, and 8. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and C. Dwelling units are only created in conjunction with employee housing, and D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools. Public buildings, grounds and facilities. Public parks and recreational facilities. Public utilities installations including transmission lines and appurtenant equipment. Type VI employee housing units, as further regulated by chapter 13 of this title." 12-61-5: SETBACKS: The setbacks in this district shall be twenty feet (20') from the perimeter of the zone district. At the discretion of the planning and environmental commission, variations to the setback standards may be approved during the review of a development plan subject to the applicant demonstrating compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. 8. Proposed building setbacks will provide adequate availability of light, air and open space. C. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. D. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. Variations to the twenty foot (20') setback shall not be allowed on property lines adjacent to HR, SFR, R, PS, and RC zoned properties, unless a variance is approved by the planning and environmental commission pursuant to chapter 17 of this title. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-61-6: S/TE COVERAGE: Site coverage shall not exceed fifty five percent (55%) of the total site area. At the discretion of the planning and environmental commission, site coverage may be increased if seventy five percent (75%) of the required parking spaces are underground or enclosed, thus reducing the impacts of surface paving provided within a development, and that the minimum landscape area requirement is met. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-61-7: LANDSCAPE AND SITE DEVELOPMENT: At least thirty percent (30%) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15') with a minimum area not less than three hundred (300) square feet. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-61-8: PARKING AND LOADING: Off street parking shall be provided in accordance with Chapter 10 of this title. No parking or loading area shall be located within any required setback area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in Chapter 10 of this title may be approved during the review of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than Chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. 8. A limitation placed in the deed restrictions limiting the number of cars for each unit. 6 C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-61-9: LOCAT/ON OF BUS/NESS ACTIVIT/ES: A. Limitation; Exception: All conditional uses by section 12-61-3 of this article shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. 8. Outdoor Display Areas: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-61-10: OTHER DEVELOPMENT STANDARDS: A. Prescribed By Planning And Environmental Commission: In the H district, development standards in each of the following categories shall be as proposed by the applicant, as prescribed by the planning and environmental commission, and as adopted on the approved development plan 1. Lot area and site dimensions. 2. Building height. 3. Density control (including gross residential floor area). (Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-61-11: DEVELOPMENT PLAN REQU/RED: A. Compatibility with Intent: To ensure the unified development, the protection of the natural environment, the compatibility with the surrounding area and to assure that development in the housing district will meet the intent of the zone district, an approved development plan shall be required. 8. Plan Process and Procedures: The proposed development plan shall be in accordance with section 12-61-12 of this article and shall be submitted by the developer to the administrator who shall refer it to the planning and environmental commission, which shall the plan at a regularly scheduled meeting. C. Hearing: The public hearing before the planning and environmental commission shall be held in accordance with section 12-3-6 of this title. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmental commission may be appealed to the town council in accordance with section 12-3-3 of this title. D. Plan As Guide: The approved development plan shall be used as the principal guide for all development within the housing district. E. Amendment Process: Amendments to the approved development plan will be considered in accordance with the provisions of section 12- OA-10 of this title. F. Design Review Board Approval Required: The development plan and any subsequent amendments thereto shall require the approval of the design review board in accordance with the applicable provisions of chapter 11 of this title prior to the commencement of site preparation. 12-61-13: DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION: The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria: A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. 8. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. C. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and when possible, are integrated with existing open space and recreation areas. D. A pedestrian and vehicular circulation system designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. E. Environmental impacts resulting from the proposal have been identified in the project's environmental impact repori; if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. F. Compliance with the Vail comprehensive plan and other applicable plans. (Ord. 29(2005) § 23: Ord. 19(2001) § 2: Ord. 3(2001) § 2) Chapter 16: Conditional Uses (in part): 12-16-1: PURPOSE; LIM/TATIONS: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. 12-16-6: CRITERIA; FINDINGS (in part): A. Factors Enumerated: Before acting on a conditional use permit application, the planning and environmental commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on development objectives of the town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particularreference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this title. 8. Necessary Findings: The planning and environmental commission shall make the following findings before granting a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of this title and the purposes of the zone district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained will 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 will comply with each of the applicable provisions of this title. (Ord. 29(2005) § 38: Ord. 10(1998) § 9: Ord. 22(1996) § 3: Ord. 36(1980) § 1: Ord. 8(1973) § 18.600) 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS (in part): 15. Business Offices and Professional Offices in the Housing (H) District: a. Business and professional offices shall be secondary to the residential use of the District. The net floor area of the office use shall be not greater than 15% of the net floor area of the development site. b. The sale of inerchandise shall be prohibited. c. Off-street parking shall be provided in accordance with the provisions of Chapter 12-10 of this title and shall be clearly separate from the area designated for residential parking. d. No overnight parking or storage of commercial vehicles associated with the professional or business office use shall be permitted. e. Signage shall be permitted in accordance with Section 11-6-3-A: Business Signs within Sign District 1(Title 11: Sign Regulations, Vail Town Code) and shall be subject to design review. f. The number of employees allowed in a business office or professional office within the Housing District shall not exceed one employee for each 200 square feet of net floor area. g. Homeowner Association or property owner approval shall be required of all Conditional Use Permit applications for a Professional Office or a 9 Business Office within the Housing (H) District pursuant to Section 12-11- 4: B:D, Application Form, Vail Town Code. Chapter 17: Variances 12-17- Vail Land Use Plan (in part): CHAPTER 11— LAND USE PLAN GOALS / POLIC/ES The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows: 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. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 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). 2. Skier /Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 5. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 10 �IA 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. PRELIMINARY ZONING ANALYSIS Staff has completed a preliminary zoning analysis based on information provided to date. As additional information and is provided by the applicant, staff's analysis of the proposal may change or be updated. Address/Legal Description: 501 North Frontage Road West, Lot 8, Block 2, Vail Potato Patch, Filing Parcel Size: 1.0 acre (43,560 sq. ft.) Buildable Lot Area: .511 acres (22,259 sq. ft.) Existing Zoning: Housing (H) Land Use Designation: Medium Density Residential Hazards: 40% Slope; Medium Severity Rockfall Development Standard* Allowed/Reauired Existin Proposed Lot Area: Per Development 43,560 sq. ft. No Change Plan Setbacks All Sides: Building Height: Density: EHUs DUs Per Development Site Coverage: Landscape Area: 20', or Per Development Plan Front: Side: Rear: Per Development Plan 20'* 20' 20' � Per Development 24 EHUs Plan 30% total GRFA, or 0 Plan 23,958 sq. ft. or 55%; or Per Development Plan 13,068 sq. ft. or 30% 11 6,100 sq. ft. or14% 37,460 sq. ft. or 85% 36' 15'** 85' 84' 82 EHUs 0 13,000 sq. ft. or 30% 30,560 sq. ft. or 70% Parking: Loading 133 spaces; or Per 2 berths; or Per Development Plan 27 spaces Development Plan 1 berth 77 spaces*** 2 berths Note: ' Improvements on the south side of the property currently encroach into the front 20 foot setback. " Improvements proposed on the west side of the site will encroach into the 20 foot side setback; the PEC may, at its discretion, approve variations to the required setbacks. "` Of the 77 parking spaces proposed, 69 spaces are covered/within the building (90% of total provided); 57 spaces will serve 82 employee housing units and 20 are proposed to serve 4,850 sq. ft. of office uses. VII. SURROUNDING LAND USES AND ZONING Land Use North: Open Lands South: CDOT R.O.W East: Open Lands West: Public School VIII. DISCUSSION ITEMS Zonina Natural Area Preservation District N/A Natural Area Preservation District General Use District The purpose of the work session is to discuss general concepts pertaining to the proposed density, use and zoning of the project, as well as the site development standards such as setbacks, lot area, site coverage, bulk, mass, and height of the proposed structure relative to compliance with zoning and master plan provisions. As a reminder, and pursuant to section 12-61-10, density control (units per acre and GRFA), building height, lot area and sited dimensions shall be as prescribed by the Planning and Environmental Commission in a site specific development plan. At this work session the applicant and Staff would like to review the larger question of whether or not the proposed bulk, mass, and height are appropriate for the site when taken in context with its surroundings. Staff would suggest that the Commission take into consideration the overall goals of the Town relative to the provision and facilitation of employee housing within the town boundaries. Staff will address each of these topics and request that the Planning and Environmental Commission provide any feedback on the topics. This feedback will be utilized in preparing a request for final review of the rezoning request, development plan and conditional use permits. Conditional Use Applications and Review Criteria The applicant proposes three separate "conditional uses" within the project. Although the Housing District is intended to "provide adequate sites for employee housing..." Type VI Employee Housing units are allowed only as a conditional use. In addition, the applicant requests review of conditional use permits for: Public Utilities Installations including Transmission Lines and Appurtenant Equipment; and Professional Offices. Criteria to be considered in evaluating the Type VI Employee Housing and Utilities Installations uses are as follows: 12 1. Relationship and impact of the use on development objectives of the town. Staff response: Staff believes the proposed development generally meets the development objectives of the Town. Specifically, the applicant proposes to replace aging employee housing of limited benefit to the applicant and to the Town, and to replace that housing with 82 new, deed restricted employee housing units within the Town, and within close proximity to the Village. Further, the development is located in close proximity to public transportation routes, vehicular and pedestrian transportation routes. The following goals from the Vail Land Use Plan are applicable: 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. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 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) 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 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. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Staff Response: Staff believes that the development will have no adverse impacts on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Specifically, staff believes that the provision of increased employee housing density in close proximity to the Village and employment centers, public 13 transportation, vehicular and pedestrian transportation routes, a public school, public park and recreation facilities will have beneficial impacts on the overall community. These issues should be evaluated by the Commission and the applicant should provide information and evidence that provides further verification that the development will not adversely impact public facilities and/or public facilities needs. 3. Effect upon traffic, with particularreference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. Staff Response: Staff believes the development will have positive impacts upon traffic in the area. Specifically, the provision of increased employee housing density on this existing residential site, in combination with limited parking available on site, will encourage use by residents of public transportation. In addition, the design of the driveway, inclusive of a hammer head will enhance the ability of vehicles, including emergency vehicles, to maneuver on the site. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Staff Response: Staff believes that the proposed development will generally have a positive effect, overall, on the character of the surrounding area. Specifically, although the bulk and scale of the proposed building well surpasses the existing Solar Vail structure on the site, staff believes that the applicant has designed the building to fit the site and to accommodate a significant amount of building (space) program. This has been accomplished while working with a small sight with fairly significant constraints, such as slopes in excess of 40%. The bulk, scale and massing of the building aligns with the contours of the site. Benching the building into the site would require a variance to develop on slopes greater than 40%. Benching or stepping the foundation and building forms into the hillside would also impact the financial viability of this privately financed project to provide employee housing within the Town. However, Staff is concerned about the introduction of an eight story mass on this highly prominent site. Again, for the above stated reasons, Staff understands the applicants approach to the design of the proposed building. However, Staff believes the Commission should provide direction and feedback relative to the overall bulk and mass of the proposed building prior to the applicant proceeding forward in the development review process. The applicant should be prepared to provide justification and evidence supporting the proposed design of the structure relative to the surrounding neighborhood. 5. Such other factors and criteria as the commission deems applicable to the proposed use. Staff Response: 14 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this title. Staff Response: Staff does not believe that an environmental impact report for this project should be required. Development Standards and Criteria Pursuant to Section 12-61-13, Development Standards and Criteria for Evaluation, Vail Town Code, the following development standards and review criteria shall be considered in any evaluation of the project Building Design Building design will be evaluated with respect to architecture, character, scale, massing and orientation to ensure that the building is compatible with the site, adjacent properties and the surrounding neighborhood Functional Development Plan Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole Open Space and Landscaping The applicant has submitted conceptual site, drainage and landscape plans. As plans are further developed, such plans should be coordinated to ensure that all site disturbance is mitigated, all site drainage does not cause adverse impacts on neighboring properties and that proposed re- vegetation (new plantings) is proposed in areas that will have the highest benefit for the residents of the proposed development, as well as for the neighboring property owners and general public. Specifically, plans should be developed to ensure coordination between existing and proposed site grading, retainage and drainage. Existing and proposed erosion control and re-vegetation (new plantings) proposed should be responsive to the site, and should address concerns expressed by neighboring property owners and the Planning Environmental Commission at the work session held on August 27, 2007. Plans should be evaluated to ensure that all landscaping and open space is both functional and aesthetic, is designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and when possible, are integrated with existing open space and recreation areas. Staff believes that the applicant should revise the conceptual landscape plan to incorporate more plantings on the south and west sides of the subject property, and perhaps on the neighboring property (with express approval from the property owner) to provide additional buffering and blending of the structure with the surrounding area. Pedestrian and Vehicular Circulation The applicant proposes pedestrian and vehicular circulation systems which address internal and external circulation needs. The plans show 1� an improved access drive, staging areas for Fire Department use, a hammer head designed to allow proper maneuvering and exiting, and short term surFace parking spaces for office uses. The plan includes two levels of structured parking for residents and office uses. The plans also include new concrete pathways and stairs which provide access from the existing sidewalk along North Frontage Road. This configuration also provides for better separation of employee housing uses on the site from the adjacent school property, by routing residents of the Solar Vail building directly to the sidewalk rather than encouraging continued travel through the school site. Plans should be evaluated to ensure that all improvements are designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. Environmental Impacts Environmental impacts resulting from the proposal have not been identified. Staff believes that an environmental impact report for this development proposal is not necessary as this is a fully developed site today. However, the Commission should determine if the project will require an environmental impact report. Such report, if required, should include any and all necessary mitigating measures, to be implemented as a part of the proposed development plan. Access to Site The applicant proposes site access from the existing road/curb cut along North Frontage Road. While maintaining this access point, the proposed driveway will be re-aligned slightly, causing additional disturbance (grading, excavation, retainage, paving and planting) on the adjacent Town owned property (Tract A), which is zoned Natural Area Preservation (NAP). The applicant has obtained a"permission to proceed" through the development review process from the Vail Town Council (i.e. the "property Owner") to allow for improvement on Tract A. As well, the Applicant may be required to obtain an access easement from the Town for any re- aligned driveway access across Tract A. In addition, the applicant must commence all necessary planning and permitting necessary through CDOT and any public utility for any improvements within rights-of-way and platted utility easements. Specifically, an access permit from CDOT will be required for any additional road cut along North Frontage Road. Additional Water Taps for Site Staff suggests that the applicant contact the Eagle River Water and Sanitation District prior to any further submittals or review for this proposal to ensure that the District has adequate public facilities (water and sewer capacity) to serve the development. Development Standards and Variations Staff has perFormed an initial review of the proposed project for compliance with the development requirements of the Housing (H) District, Section VI of this memorandum. Within this analysis Staff has determined that this proposal is in 16 general compliance with the development parameters for setbacks, site coverage, and landscaping. However, the following issues of non-compliance and/or variation (requested) should be addressed during this work session: Parking and Loading Variation The Applicant is proposing to provide 77 parking spaces rather than the total spaces 133 required pursuant to Chapter 10, Off Street Parking and Loading Standards, Vail Town Code. Parking for residential (EHU) uses is proposed in a tandem configuration within two levels of structured parking. Parking for office uses (20 spaces) is separated from residential parking. Pursuant to Section 12-61-8, the applicant has provided a"parking management plan" (Attachment D) outlining and addressing self imposed deed restrictions to limit the number of vehicles permitted per tenant (or per unit), and defining how the shared tandem spaces will function. Improvements within Setbacks and Easements The applicant proposes to construct below grade (covered) parking and above grade building improvements within the 20 foot setback prescribed in the Housing (H) District. Pursuant to section 12-61-5, the Planning and Environmental Commission has discretion to approve "variations" to the setback standards during the review of a development plan. Section 12-61-5 states the following: "The setbacks in this district shall be twenty feet (20') from the perimeter of the zone district. At the discretion of the planning and environmental commission, variations to the setback standards may be approved during the review of a development plan subject to the applicant demonstrating compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. 8. Proposed building setbacks will provide adequate availability of light, air and open space. C. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. D. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. The applicant has provided a written response to each of the above listed criteria entitled Side Setback Variance Request for the Housing (H) District (Attachment F). Regardless of any future variation approvals, Staff recommends that the applicant commence with all required planning and permitting with the Eagle River Water and Sanitation District regarding any proposed improvements within platted easements and the status of any live utilities. 17 Further, Section 12-61-8, Parking and Loading, Vail Town Code states the following (in part): "No parking or loading area shall be located within any required setback area. At the discretion of the Planning and Environmental Commission, variations to the parking standards outlined in chapter 10 of this title may be approved during the review of a development plan subject to a parking management plan." The applicant proposes to construct portions of two surface parking spaces within the front and side (west) setbacks. Employee Housing Plan In accordance with the provisions of the Housing District, the applicant has submitted a conditional use permit for Type VI employee housing units. Pursuant to Section 12-13-3, the applicant has provided an Employee Housing management plan for review by the Commission (Attachment E). Section 12-13-3, sub-paragraph E, Vail Town Code, states the following: 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 V/ 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. 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. 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." 18 Staff believes that upon initial review of the proposed plan, the plan addresses each of the above parameters or criteria. Specifically, the plan outlines the number and type of employee housing units to be provided within the development and specifies that such units will be for rental purposes only. The plan specifies that rentals will be controlled by the applicanYs property management company, to be housed on-site within the proposed professional office space. The plan calls for priority to be given employees working in the Town of Vail and for rents to remain "attainable". The plan calls for all units to be deed restricted per the Town of Vail requirements. Deed restrictions, to be recorded prior to the developer requesting a Certificate of Occupancy for the building, will be "by uniY'. The plan specifically addresses deed restricted units existing today within the existing Solar Vail building. These units total approximately 5,730 square feet. These units will be replaced in the new development and will be deed restricted under a"blankeY' type deed restriction. The plan proposes to link office space (4,850 square feet proposed) to employee housing units through deed restriction assignment. Specifically, the proposed office space will generate a mitigation rate of 3.1 employees. Therefore, the applicant proposed to dedicate or assign 3.1 beds to the building owner. Lastly, the plan specifies that the type VI EHUs will exclusively be used for and remain available for employee housing. The plan should be revised to provide more details regarding provisions to ensure proper and optimal occupancy. Hazard Areas The subject property is located within areas identified as "Medium Severity Rockfall" on the Town of Vail Official Rockfall Hazard Map. As such, the applicant will be required to submit a site specific geologic investigation prior to or concurrent with any application for a building or grading permit on the site. Requested Outcome of Work Session At this work session the Applicant and staff would like to review the larger question of whether or not the proposed bulk, mass, and height are appropriate for the site when taken in context with its surroundings. Staff would suggest that this proposal be reviewed in light of similar development proposals for employee housing, such as Middle Creek, and that the Commission take into consideration the overall goals of the Town relative to the provision and facilitation of employee housing within the town. Additional Information and Review Requirements Additional information and/or processes may be required in any subsequent submittals in order to adequately address the following issues and/or requirements: 1. Parking, access and maneuverability study 2. Landscape Plan/Streetscape design elements 3. Grading, drainage and erosion control plans 19 4. Traffic Study - in conjunction with CDOT review and approval of additional access point 5. Building Height Calculations — Roof plan indicating all existing and proposed ridge elevations, drawn over existing and proposed grades 6. Sign-off by all beneficiaries for any and all proposed encroachments (improvements) within any and all easements of record IX. RECOMMENDATION As this is a work session to discuss the proposal conceptually, no action by the Planning and Environmental Commission is required at this meeting. However, Staff recommends that the PEC provide general feedback and direction to the Applicant regarding the proposal in preparation for any future review meetings. Specifically, the Commission should provide direction on: • Building height • Building bulk and mass • Requested setback variations • Requested parking variations • Requested conditional uses Staff also recommends that the PEC specify any additional information or analysis to be provided by the Applicant for the purpose of any final review of the proposal. XI. ATTACHMENTS A. Vicinity Map B. Document describing the project entitled Tear pown and Re-build of Solar Vail Emplovee Housinq, submitted by GPSL Architects and dated January 28, 2008 C. Copy of proposed plans dated January 25, 2008 D. Parking Management Plan E. Employee Housing Conditional Use Permit Written Response and Employee Housing Plan F. Side Setback Variance Request for the Housing (H) District G. 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'_ . �"-"- ,��rF�� �r, �� � �'� r� , � �c�...-`�� - � �.. �';, � • �'�p; �� r�r� � �;4, 4� . . . _' �� �� ���'f � J.!�� V • � . �riY�r9N#.sh�ii� '.—��, -,:' �_ �'" � a �:���r -- � � 8 0 ,5 ,� .� P o,e� .�e.ow�o,���,o.,�o,w,,, ,eb� �° e=�o o ����ewo 00 °�; 2� MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 25, 2008 SUBJECT: A request for a work session to discuss a development plan, pursuant to Section 12-61-11, Development Plan Required, and to discuss certain conditional uses, pursuant to Section 12-61-3, Conditional Uses, Vail Town Code, to allow for a redevelopment of Solar Vail into a mixed use development to include Type VI employee housing units, professional offices, subterranean parking, and public utilities installations including transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 8, Block 2, Vail Potato Patch, and setting forth details in regard thereto. (PEC070052) Applicant: Sonnenalp Properties, Inc., represented by Gwathmey Pratt Schultz Lindall Architects, P.C. Planner: Scot Hunn I. SUMMARY The applicant, Sonnenalp Properties, Inc., represented by Gwathmey Pratt Schultz Lindall Architects, P.C., has requested a work session with the Town of Vail Planning and Environmental Commission to discuss the revised development plan and associated conditional use permits for the re-development of the Solar Vail property into a mixed use project, located at 501 North Frontage Road West, to include: o One (1) building containing a total of 87,818 (gross) square feet; o Eight stories, inclusive of two levels of structured parking; o A maximum building height of 84 feet; o Eighty-two (82), deed restricted, Type VI employee housing units (EHUs); 0 4,850 square feet (net) of professional office uses; and o Telecommunications uses (cellular telephone antennae). Requested Outcome A work session is requested to discuss the proposed project, which has changed since the previous work session held with the Commission on August 27, 2007. Review and discussion is requested relative to recommendations of the Vail Comprehensive Plan, as well as, Housing District development standards and review criteria outlined in the Vail Town Code. The applicant will benefit from receiving feedback from the Commission regarding proposed permitted and conditional uses, as well as building bulk, mass, height, architecture, site development standards and any variations requested. No formal action is required of the Commission at this meeting. II. DESCRIPTION OF THE REQUEST The Solar Vail property currently serves exclusively as employee housing for the Sonnenalp Hotel operations. The applicant, in proposing this re-development, intends to maintain and expand this use as a direct nexus to employee housing needs generated by operation of the Sonnenalp Hotel in the Vail Village. Specifically, the applicant proposes this re-development to address, proactively, the current and future employee housing needs generated by the hotel operations. As well, the applicant has proposed, as a possible means to finance re-development of the site, to sell deed restrictions tied to units developed on the site to other businesses or developers in need of "off-site" employee housing mitigation in the future. The property has been re-zoned from the High Density Multi-Family (HDMF) District to the Housing (H) District, and a text amendment to the Housing District allowing for "Professional Offices and Business Offices" as conditional uses has been approved by the Vail Town Council. Such re-zoning and text amendments were requested to better facilitate the development of a significant number of employee housing units within the Town of Vail and to allow for the review of certain proposed conditional uses proposed as secondary and incidental to the use of employee housing. Key components of the current proposal include: • Demolition of two existing, four-story buildings containing 24 units, originally constructed in 1976; • Development of a new building containing 87,818 (gross) square feet; • Eight stories, inclusive of two levels of structured parking; • A maximum building height of 84 feet; • Eighty-two (82) deed restricted, Type VI employee housing units on five floors for primary use by employees of the Sonnenalp Hotel; • Development of approximately 4,850 square feet of office space on the first level; deed restricted linkage is proposed between office space (lease agreement) and dedicated EHUs within the building; one or two units are proposed to be "attached" to office space lease agreements and will be made part of an on-site employee housing management plan; • Creation of sixty-nine (69) enclosed parking spaces on two levels of underground parking (separated for office and residential uses) and eight (8) surface parking spaces for a total of seventy-seven (77) parking spaces on-site; • Preservation of the existing earthen berm and vegetation located between the existing parking lot and North Frontage Road; and • Preservation and upgrade of existing telecommunication antenna "farm" (to be better integrated into new architectural features of building). The Solar Vail development proposal is comprised of two (2) separate development review applications. Each application is intended to facilitate the re- development proposal. The development applications include, but may not be limited to: 2 A Development Plan application for development within the Housing (H) district; A Conditional Use Permit application for: o"Professional Office Uses" located on the office level of the structure; o"Public Utilities Installations including Transmission Lines and Appurtenant Equipment" (cellular communication antennae); and o"Type VI Employee Housing Units". In addition, the applicant is requesting "variations" to certain development standards, as permitted at the discretion of the Planning and Environmental Commission during review of any development proposal within the Housing District. Specifically, the applicant is requesting variations to: Setbacks — from 20 feet to approximately 15 feet between the proposed structure and the west property line; and Parking — from 133 required spaces (per Section 12-10-10, Vail Town Code), to 77 proposed for both residential and office uses. The applicant has provided responses to conditional use review criteria for employee housing units, professional business offices and public utility (cellular communication antennae) uses. As well, the applicant has provided written responses and justification to variations requested from setback and parking standards. A vicinity map identifying the location of the development site has been attached for reference (Attachment A). A copy of the document entitled Tear pown and Re-build of Solar Vail Emplovee Housinq dated January 28, 2008 (Attachment B), and a reduced set of plans dated January 25, 2008, is attached for reference (Attachment C). III. BACKGROUND The subject property was annexed into the Town of Vail by Ordinance No. 8, Series of 1969, which became effective on 8/23, 1969. The Solar Vail buildings (two, four-story wood and concrete structures) were initially developed as an employee housing project in 1976 and has served (exclusively) as the off-site employee housing for the Sonnenalp Hotel. These buildings were also approved for use as a telecommunications (cell) antenna "farm" site; housing multiple antennae for various co-users or providers. On August 27, 2007, the Town of Vail Planning and Environmental Commission held a work session to discuss plans for a similarly designed building. At that time, the applicant was proposing sixty-three (63) employee housing units (EHUs) and 4,700 square feet of professional office space. Two levels of parking were proposed, with a total of 71 parking spaces proposed. On December 4, 2007, the Vail Town Council voted unanimously to approve two separate ordinances, Ordinance No. 34, Series of 2007 and Ordinance No. 35, Series of 2007, on second reading. Ordinance No. 34 approved an amendment to the Official Zoning map for the Town of Vail, effectively re-zoning the subject property from the High Density Multi-Family (HDMF) District to the Housing (H) District. Ordinance No. 35, approved a text amendment for the Housing District to specifically allow for "Professional Offices and Business Offices" as conditional uses within the Housing District. Both the re-zoning of the property and the subsequent text amendment were requested to better facilitate the re- development of the site and, specifically, to allow a higher degree of flexibility in the design and layout of the site to accommodate a significant number of employee housing units and to allow for the review of certain proposed conditional uses. IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Planning and Environmental Commission on the various applications to be submitted on behalf of Sonnenalp Properties, Inc. A. Development Plan Review in the Housinq (H) zone district The Planning and Environmental Commission is responsible for final approval/denial of a Development Plan. The Planning and Environmental Commission shall review the proposal for compliance with the adopted criteria. The Planning and Environmental Commission's approval "shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, building bulk and mass, site improvements and landscaping." B. Conditional Use Permit (CUP) The Planning and Environmental Commission is responsible for final approval/denial of CUP. The Planning and Environmental Commission shall review the request for compliance with the adopted conditional use permit criteria and make findings of fact with regard to the project's compliance. Generally, the Planning and Environmental Commission is responsible to ensure that any uses permitted are located properly, to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. V. APPLICABLE DOCUMENTS Staff has provided portions of the Vail Town Code and several master plans which are relevant to the proposed topics for this work session. At the time of any final plan review there will be additional excerpts provided. Zoninq Requlations Chapter 6: Housing (H) Zone District (in part) 12-61-1: PURPOSE: The housing district is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone districts. It is necessary in this zone district to provide development standards specifically prescribed for each development 4 proposal or project to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The housing district is intended to ensure that employee housing permitted in the zone district is appropriately located and design to meet the needs of residents of Vail, to harmonious with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. 12-61-2: PERMITTED USES: The following uses shall be permitted in the H District: Bicycle and pedestrian paths. Deed restricted employee housing units, as further described in chapter 13 of this title. Passive outdoor recreation areas, and open space. 12-61-3: CONDIT/ONAL USES: The following uses shall be permitted in H district, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: "Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit: Banks and financial institutions. Child daycare facilities. Eating and drinking establishments. Funiculars and other similar conveyances. Health clubs. Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. Business offices and professional offices as further regulated by Section 12-16-7 of this title. 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, and 8. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and C. Dwelling units are only created in conjunction with employee housing, and D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools. Public buildings, grounds and facilities. Public parks and recreational facilities. Public utilities installations including transmission lines and appurtenant equipment. Type VI employee housing units, as further regulated by chapter 13 of this title." 12-61-5: SETBACKS: The setbacks in this district shall be twenty feet (20') from the perimeter of the zone district. At the discretion of the planning and environmental commission, variations to the setback standards may be approved during the review of a development plan subject to the applicant demonstrating compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. 8. Proposed building setbacks will provide adequate availability of light, air and open space. C. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. D. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. Variations to the twenty foot (20') setback shall not be allowed on property lines adjacent to HR, SFR, R, PS, and RC zoned properties, unless a variance is approved by the planning and environmental commission pursuant to chapter 17 of this title. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-61-6: S/TE COVERAGE: Site coverage shall not exceed fifty five percent (55%) of the total site area. At the discretion of the planning and environmental commission, site coverage may be increased if seventy five percent (75%) of the required parking spaces are underground or enclosed, thus reducing the impacts of surface paving provided within a development, and that the minimum landscape area requirement is met. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-61-7: LANDSCAPE AND SITE DEVELOPMENT: At least thirty percent (30%) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15') with a minimum area not less than three hundred (300) square feet. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-61-8: PARKING AND LOADING: Off street parking shall be provided in accordance with Chapter 10 of this title. No parking or loading area shall be located within any required setback area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in Chapter 10 of this title may be approved during the review of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than Chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. 8. A limitation placed in the deed restrictions limiting the number of cars for each unit. 6 C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-61-9: LOCAT/ON OF BUS/NESS ACTIVIT/ES: A. Limitation; Exception: All conditional uses by section 12-61-3 of this article shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. 8. Outdoor Display Areas: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-61-10: OTHER DEVELOPMENT STANDARDS: A. Prescribed By Planning And Environmental Commission: In the H district, development standards in each of the following categories shall be as proposed by the applicant, as prescribed by the planning and environmental commission, and as adopted on the approved development plan 1. Lot area and site dimensions. 2. Building height. 3. Density control (including gross residential floor area). (Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-61-11: DEVELOPMENT PLAN REQU/RED: A. Compatibility with Intent: To ensure the unified development, the protection of the natural environment, the compatibility with the surrounding area and to assure that development in the housing district will meet the intent of the zone district, an approved development plan shall be required. 8. Plan Process and Procedures: The proposed development plan shall be in accordance with section 12-61-12 of this article and shall be submitted by the developer to the administrator who shall refer it to the planning and environmental commission, which shall the plan at a regularly scheduled meeting. C. Hearing: The public hearing before the planning and environmental commission shall be held in accordance with section 12-3-6 of this title. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmental commission may be appealed to the town council in accordance with section 12-3-3 of this title. D. Plan As Guide: The approved development plan shall be used as the principal guide for all development within the housing district. E. Amendment Process: Amendments to the approved development plan will be considered in accordance with the provisions of section 12- OA-10 of this title. F. Design Review Board Approval Required: The development plan and any subsequent amendments thereto shall require the approval of the design review board in accordance with the applicable provisions of chapter 11 of this title prior to the commencement of site preparation. 12-61-13: DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION: The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria: A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. 8. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. C. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and when possible, are integrated with existing open space and recreation areas. D. A pedestrian and vehicular circulation system designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. E. Environmental impacts resulting from the proposal have been identified in the project's environmental impact repori; if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. F. Compliance with the Vail comprehensive plan and other applicable plans. (Ord. 29(2005) § 23: Ord. 19(2001) § 2: Ord. 3(2001) § 2) Chapter 16: Conditional Uses (in part): 12-16-1: PURPOSE; LIM/TATIONS: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. 12-16-6: CRITERIA; FINDINGS (in part): A. Factors Enumerated: Before acting on a conditional use permit application, the planning and environmental commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on development objectives of the town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particularreference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this title. 8. Necessary Findings: The planning and environmental commission shall make the following findings before granting a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of this title and the purposes of the zone district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained will 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 will comply with each of the applicable provisions of this title. (Ord. 29(2005) § 38: Ord. 10(1998) § 9: Ord. 22(1996) § 3: Ord. 36(1980) § 1: Ord. 8(1973) § 18.600) 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS (in part): 15. Business Offices and Professional Offices in the Housing (H) District: a. Business and professional offices shall be secondary to the residential use of the District. The net floor area of the office use shall be not greater than 15% of the net floor area of the development site. b. The sale of inerchandise shall be prohibited. c. Off-street parking shall be provided in accordance with the provisions of Chapter 12-10 of this title and shall be clearly separate from the area designated for residential parking. d. No overnight parking or storage of commercial vehicles associated with the professional or business office use shall be permitted. e. Signage shall be permitted in accordance with Section 11-6-3-A: Business Signs within Sign District 1(Title 11: Sign Regulations, Vail Town Code) and shall be subject to design review. f. The number of employees allowed in a business office or professional office within the Housing District shall not exceed one employee for each 200 square feet of net floor area. g. Homeowner Association or property owner approval shall be required of all Conditional Use Permit applications for a Professional Office or a 9 Business Office within the Housing (H) District pursuant to Section 12-11- 4: B:D, Application Form, Vail Town Code. Chapter 17: Variances 12-17- Vail Land Use Plan (in part): CHAPTER 11— LAND USE PLAN GOALS / POLIC/ES The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows: 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. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 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). 2. Skier /Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 5. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 10 �IA 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. PRELIMINARY ZONING ANALYSIS Staff has completed a preliminary zoning analysis based on information provided to date. As additional information and is provided by the applicant, staff's analysis of the proposal may change or be updated. Address/Legal Description: 501 North Frontage Road West, Lot 8, Block 2, Vail Potato Patch, Filing Parcel Size: 1.0 acre (43,560 sq. ft.) Buildable Lot Area: .511 acres (22,259 sq. ft.) Existing Zoning: Housing (H) Land Use Designation: Medium Density Residential Hazards: 40% Slope; Medium Severity Rockfall Development Standard* Allowed/Reauired Existin Proposed Lot Area: Per Development 43,560 sq. ft. No Change Plan Setbacks All Sides: Building Height: Density: EHUs DUs Per Development Site Coverage: Landscape Area: 20', or Per Development Plan Front: Side: Rear: Per Development Plan 20'* 20' 20' � Per Development 24 EHUs Plan 30% total GRFA, or 0 Plan 23,958 sq. ft. or 55%; or Per Development Plan 13,068 sq. ft. or 30% 11 6,100 sq. ft. or14% 37,460 sq. ft. or 85% 36' 15'** 85' 84' 82 EHUs 0 13,000 sq. ft. or 30% 30,560 sq. ft. or 70% Parking: Loading 133 spaces; or Per 2 berths; or Per Development Plan 27 spaces Development Plan 1 berth 77 spaces*** 2 berths Note: ' Improvements on the south side of the property currently encroach into the front 20 foot setback. " Improvements proposed on the west side of the site will encroach into the 20 foot side setback; the PEC may, at its discretion, approve variations to the required setbacks. "` Of the 77 parking spaces proposed, 69 spaces are covered/within the building (90% of total provided); 57 spaces will serve 82 employee housing units and 20 are proposed to serve 4,850 sq. ft. of office uses. VII. SURROUNDING LAND USES AND ZONING Land Use North: Open Lands South: CDOT R.O.W East: Open Lands West: Public School VIII. DISCUSSION ITEMS Zonina Natural Area Preservation District N/A Natural Area Preservation District General Use District The purpose of the work session is to discuss general concepts pertaining to the proposed density, use and zoning of the project, as well as the site development standards such as setbacks, lot area, site coverage, bulk, mass, and height of the proposed structure relative to compliance with zoning and master plan provisions. As a reminder, and pursuant to section 12-61-10, density control (units per acre and GRFA), building height, lot area and sited dimensions shall be as prescribed by the Planning and Environmental Commission in a site specific development plan. At this work session the applicant and Staff would like to review the larger question of whether or not the proposed bulk, mass, and height are appropriate for the site when taken in context with its surroundings. Staff would suggest that the Commission take into consideration the overall goals of the Town relative to the provision and facilitation of employee housing within the town boundaries. Staff will address each of these topics and request that the Planning and Environmental Commission provide any feedback on the topics. This feedback will be utilized in preparing a request for final review of the rezoning request, development plan and conditional use permits. Conditional Use Applications and Review Criteria The applicant proposes three separate "conditional uses" within the project. Although the Housing District is intended to "provide adequate sites for employee housing..." Type VI Employee Housing units are allowed only as a conditional use. In addition, the applicant requests review of conditional use permits for: Public Utilities Installations including Transmission Lines and Appurtenant Equipment; and Professional Offices. Criteria to be considered in evaluating the Type VI Employee Housing and Utilities Installations uses are as follows: 12 1. Relationship and impact of the use on development objectives of the town. Staff response: Staff believes the proposed development generally meets the development objectives of the Town. Specifically, the applicant proposes to replace aging employee housing of limited benefit to the applicant and to the Town, and to replace that housing with 82 new, deed restricted employee housing units within the Town, and within close proximity to the Village. Further, the development is located in close proximity to public transportation routes, vehicular and pedestrian transportation routes. The following goals from the Vail Land Use Plan are applicable: 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. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 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) 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 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. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Staff Response: Staff believes that the development will have no adverse impacts on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Specifically, staff believes that the provision of increased employee housing density in close proximity to the Village and employment centers, public 13 transportation, vehicular and pedestrian transportation routes, a public school, public park and recreation facilities will have beneficial impacts on the overall community. These issues should be evaluated by the Commission and the applicant should provide information and evidence that provides further verification that the development will not adversely impact public facilities and/or public facilities needs. 3. Effect upon traffic, with particularreference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. Staff Response: Staff believes the development will have positive impacts upon traffic in the area. Specifically, the provision of increased employee housing density on this existing residential site, in combination with limited parking available on site, will encourage use by residents of public transportation. In addition, the design of the driveway, inclusive of a hammer head will enhance the ability of vehicles, including emergency vehicles, to maneuver on the site. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Staff Response: Staff believes that the proposed development will generally have a positive effect, overall, on the character of the surrounding area. Specifically, although the bulk and scale of the proposed building well surpasses the existing Solar Vail structure on the site, staff believes that the applicant has designed the building to fit the site and to accommodate a significant amount of building (space) program. This has been accomplished while working with a small sight with fairly significant constraints, such as slopes in excess of 40%. The bulk, scale and massing of the building aligns with the contours of the site. Benching the building into the site would require a variance to develop on slopes greater than 40%. Benching or stepping the foundation and building forms into the hillside would also impact the financial viability of this privately financed project to provide employee housing within the Town. However, Staff is concerned about the introduction of an eight story mass on this highly prominent site. Again, for the above stated reasons, Staff understands the applicants approach to the design of the proposed building. However, Staff believes the Commission should provide direction and feedback relative to the overall bulk and mass of the proposed building prior to the applicant proceeding forward in the development review process. The applicant should be prepared to provide justification and evidence supporting the proposed design of the structure relative to the surrounding neighborhood. 5. Such other factors and criteria as the commission deems applicable to the proposed use. Staff Response: 14 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this title. Staff Response: Staff does not believe that an environmental impact report for this project should be required. Development Standards and Criteria Pursuant to Section 12-61-13, Development Standards and Criteria for Evaluation, Vail Town Code, the following development standards and review criteria shall be considered in any evaluation of the project Building Design Building design will be evaluated with respect to architecture, character, scale, massing and orientation to ensure that the building is compatible with the site, adjacent properties and the surrounding neighborhood Functional Development Plan Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole Open Space and Landscaping The applicant has submitted conceptual site, drainage and landscape plans. As plans are further developed, such plans should be coordinated to ensure that all site disturbance is mitigated, all site drainage does not cause adverse impacts on neighboring properties and that proposed re- vegetation (new plantings) is proposed in areas that will have the highest benefit for the residents of the proposed development, as well as for the neighboring property owners and general public. Specifically, plans should be developed to ensure coordination between existing and proposed site grading, retainage and drainage. Existing and proposed erosion control and re-vegetation (new plantings) proposed should be responsive to the site, and should address concerns expressed by neighboring property owners and the Planning Environmental Commission at the work session held on August 27, 2007. Plans should be evaluated to ensure that all landscaping and open space is both functional and aesthetic, is designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and when possible, are integrated with existing open space and recreation areas. Staff believes that the applicant should revise the conceptual landscape plan to incorporate more plantings on the south and west sides of the subject property, and perhaps on the neighboring property (with express approval from the property owner) to provide additional buffering and blending of the structure with the surrounding area. Pedestrian and Vehicular Circulation The applicant proposes pedestrian and vehicular circulation systems which address internal and external circulation needs. The plans show 1� an improved access drive, staging areas for Fire Department use, a hammer head designed to allow proper maneuvering and exiting, and short term surFace parking spaces for office uses. The plan includes two levels of structured parking for residents and office uses. The plans also include new concrete pathways and stairs which provide access from the existing sidewalk along North Frontage Road. This configuration also provides for better separation of employee housing uses on the site from the adjacent school property, by routing residents of the Solar Vail building directly to the sidewalk rather than encouraging continued travel through the school site. Plans should be evaluated to ensure that all improvements are designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. Environmental Impacts Environmental impacts resulting from the proposal have not been identified. Staff believes that an environmental impact report for this development proposal is not necessary as this is a fully developed site today. However, the Commission should determine if the project will require an environmental impact report. Such report, if required, should include any and all necessary mitigating measures, to be implemented as a part of the proposed development plan. Access to Site The applicant proposes site access from the existing road/curb cut along North Frontage Road. While maintaining this access point, the proposed driveway will be re-aligned slightly, causing additional disturbance (grading, excavation, retainage, paving and planting) on the adjacent Town owned property (Tract A), which is zoned Natural Area Preservation (NAP). The applicant has obtained a"permission to proceed" through the development review process from the Vail Town Council (i.e. the "property Owner") to allow for improvement on Tract A. As well, the Applicant may be required to obtain an access easement from the Town for any re- aligned driveway access across Tract A. In addition, the applicant must commence all necessary planning and permitting necessary through CDOT and any public utility for any improvements within rights-of-way and platted utility easements. Specifically, an access permit from CDOT will be required for any additional road cut along North Frontage Road. Additional Water Taps for Site Staff suggests that the applicant contact the Eagle River Water and Sanitation District prior to any further submittals or review for this proposal to ensure that the District has adequate public facilities (water and sewer capacity) to serve the development. Development Standards and Variations Staff has perFormed an initial review of the proposed project for compliance with the development requirements of the Housing (H) District, Section VI of this memorandum. Within this analysis Staff has determined that this proposal is in 16 general compliance with the development parameters for setbacks, site coverage, and landscaping. However, the following issues of non-compliance and/or variation (requested) should be addressed during this work session: Parking and Loading Variation The Applicant is proposing to provide 77 parking spaces rather than the total spaces 133 required pursuant to Chapter 10, Off Street Parking and Loading Standards, Vail Town Code. Parking for residential (EHU) uses is proposed in a tandem configuration within two levels of structured parking. Parking for office uses (20 spaces) is separated from residential parking. Pursuant to Section 12-61-8, the applicant has provided a"parking management plan" (Attachment D) outlining and addressing self imposed deed restrictions to limit the number of vehicles permitted per tenant (or per unit), and defining how the shared tandem spaces will function. Improvements within Setbacks and Easements The applicant proposes to construct below grade (covered) parking and above grade building improvements within the 20 foot setback prescribed in the Housing (H) District. Pursuant to section 12-61-5, the Planning and Environmental Commission has discretion to approve "variations" to the setback standards during the review of a development plan. Section 12-61-5 states the following: "The setbacks in this district shall be twenty feet (20') from the perimeter of the zone district. At the discretion of the planning and environmental commission, variations to the setback standards may be approved during the review of a development plan subject to the applicant demonstrating compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. 8. Proposed building setbacks will provide adequate availability of light, air and open space. C. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. D. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. The applicant has provided a written response to each of the above listed criteria entitled Side Setback Variance Request for the Housing (H) District (Attachment F). Regardless of any future variation approvals, Staff recommends that the applicant commence with all required planning and permitting with the Eagle River Water and Sanitation District regarding any proposed improvements within platted easements and the status of any live utilities. 17 Further, Section 12-61-8, Parking and Loading, Vail Town Code states the following (in part): "No parking or loading area shall be located within any required setback area. At the discretion of the Planning and Environmental Commission, variations to the parking standards outlined in chapter 10 of this title may be approved during the review of a development plan subject to a parking management plan." The applicant proposes to construct portions of two surface parking spaces within the front and side (west) setbacks. Employee Housing Plan In accordance with the provisions of the Housing District, the applicant has submitted a conditional use permit for Type VI employee housing units. Pursuant to Section 12-13-3, the applicant has provided an Employee Housing management plan for review by the Commission (Attachment E). Section 12-13-3, sub-paragraph E, Vail Town Code, states the following: 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 V/ 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. 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. 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." 18 Staff believes that upon initial review of the proposed plan, the plan addresses each of the above parameters or criteria. Specifically, the plan outlines the number and type of employee housing units to be provided within the development and specifies that such units will be for rental purposes only. The plan specifies that rentals will be controlled by the applicanYs property management company, to be housed on-site within the proposed professional office space. The plan calls for priority to be given employees working in the Town of Vail and for rents to remain "attainable". The plan calls for all units to be deed restricted per the Town of Vail requirements. Deed restrictions, to be recorded prior to the developer requesting a Certificate of Occupancy for the building, will be "by uniY'. The plan specifically addresses deed restricted units existing today within the existing Solar Vail building. These units total approximately 5,730 square feet. These units will be replaced in the new development and will be deed restricted under a"blankeY' type deed restriction. The plan proposes to link office space (4,850 square feet proposed) to employee housing units through deed restriction assignment. Specifically, the proposed office space will generate a mitigation rate of 3.1 employees. Therefore, the applicant proposed to dedicate or assign 3.1 beds to the building owner. Lastly, the plan specifies that the type VI EHUs will exclusively be used for and remain available for employee housing. The plan should be revised to provide more details regarding provisions to ensure proper and optimal occupancy. Hazard Areas The subject property is located within areas identified as "Medium Severity Rockfall" on the Town of Vail Official Rockfall Hazard Map. As such, the applicant will be required to submit a site specific geologic investigation prior to or concurrent with any application for a building or grading permit on the site. Requested Outcome of Work Session At this work session the Applicant and staff would like to review the larger question of whether or not the proposed bulk, mass, and height are appropriate for the site when taken in context with its surroundings. Staff would suggest that this proposal be reviewed in light of similar development proposals for employee housing, such as Middle Creek, and that the Commission take into consideration the overall goals of the Town relative to the provision and facilitation of employee housing within the town. Additional Information and Review Requirements Additional information and/or processes may be required in any subsequent submittals in order to adequately address the following issues and/or requirements: 1. Parking, access and maneuverability study 2. Landscape Plan/Streetscape design elements 3. Grading, drainage and erosion control plans 19 4. Traffic Study - in conjunction with CDOT review and approval of additional access point 5. Building Height Calculations — Roof plan indicating all existing and proposed ridge elevations, drawn over existing and proposed grades 6. Sign-off by all beneficiaries for any and all proposed encroachments (improvements) within any and all easements of record IX. RECOMMENDATION As this is a work session to discuss the proposal conceptually, no action by the Planning and Environmental Commission is required at this meeting. However, Staff recommends that the PEC provide general feedback and direction to the Applicant regarding the proposal in preparation for any future review meetings. Specifically, the Commission should provide direction on: • Building height • Building bulk and mass • Requested setback variations • Requested parking variations • Requested conditional uses Staff also recommends that the PEC specify any additional information or analysis to be provided by the Applicant for the purpose of any final review of the proposal. XI. ATTACHMENTS A. Vicinity Map B. Document describing the project entitled Tear pown and Re-build of Solar Vail Emplovee Housinq, submitted by GPSL Architects and dated January 28, 2008 C. Copy of proposed plans dated January 25, 2008 D. Parking Management Plan E. Employee Housing Conditional Use Permit Written Response and Employee Housing Plan F. Side Setback Variance Request for the Housing (H) District G. 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'_ . �"-"- ,��rF�� �r, �� � �'� r� , � �c�...-`�� - � �.. �';, � • �'�p; �� r�r� � �;4, 4� . . . _' �� �� ���'f � J.!�� V • � . �riY�r9N#.sh�ii� '.—��, -,:' �_ �'" � a �:���r -- � � 8 0 ,5 ,� .� P o,e� .�e.ow�o,���,o.,�o,w,,, ,eb� �° e=�o o ����ewo 00 °�; 2� PLANNING AND ENVIRONMENTAL COMMISSION February 11, 2008 1:00 pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT Anne Gunnion Michael Kurz Rollie Kjesbo Bill Pierce David Viele Scott Proper Susie Tjossem ►I ►I : : � : ► 1 5 minutes Report to the Planning and Environmental Commission of an administrative action approving a request for a minor amendment to SDD No. 22, Grand Traverse, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, modifying the allowable roofing types for the District, located at 1402-1428 Moraine Drive and 1450, 1500, 1550, 1600, 1650, 1700, 1750, 1800, 1850 Lions Ridge Loop and /Lots 1-24, Dauphinais/Moseley Subdivision Filing 1, and setting forth details in regard thereto. (PEC080001) Applicant: Pat Dauphinais, President of Grand Traverse H.O.A. Planner: Rachel Friede ACTION: No action taken Rachel Friede made a presentation per the staff letter. There was no public comment. The Commissioners had no questions or comments. 2. A request for a final recommendation to the Vail Town Council, to allow for Promotion Permits, and setting forth details in regard thereto. (PEC070073) Applicant: Town of Vail Planner: Rachel Friede ACTION: Recommendation of approval MOTION: Kjesbo SECOND: Kurz VOTE: 7-0-0 Rachel Friede made a presentation per the staff inemorandum. 20minutes Special Business Sybil Navas, Special Events Coordinator, and Kelly McDonald, Economic Development Manager, provided the Commission with further detail about the proposed permits. Kelly McDonald noted that input was received from the VCBA, CSE, VEAC and the general business community, all of which was incorporated into the proposal. Commissioner Pierce questioned how the permits would be administered. Sybil Navas explained that the Event Review Committee would review and manage the permits to prevent conflicts with other events. Page 1 Commissioner Tjossem noted concerns about limiting the total number of events in a given area of town based upon a concern that only the aggressive or savvy merchants would be allowed an event and late coming businesses would be prevented from obtaining a permit. Rachel Friede explained the rationale for the proposal and noted that Staff anticipated revisiting this issue after one year of project implementation. Commissioner Tjossem asked if multiple businesses could partner to promote a single event. Rachel Friede explained that such a scenario would be accommodated through a regular Special Event Permit. 30 minutes 3. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. (PEC070075) Applicant: Town of Vail Staff/Planner: Nina Timm and Bill Gibson ACTION: Tabled to next meeting MOTION: Kjesbo SECOND: Viele VOTE: 7-0-0 Bill Gibson made a brief introduction to the item. Nina Timm, Housing Coordinator, made a presentation to the Commission based on the memorandum. George Ruther, Director of Community Development, further explained why the proposed text amendments were being presented. He said that prioritizing methods of mitigation was requested by the PEC and Town Council. Commissioner Viele asked if the requirement would be for 100% on-site mitigation of the current requirement or for 100% of the employees generated. Nina Timm answered that the 100% would be 100% of the existing requirement of 20% of employees generated for commercial linkage and 10% of inclusionary zoning. George Ruther further clarified that not all projects would require on-site mitigation. Only those defined as new development or re-development. Commissioner Viele asked if projects that are already in the works had been assessed a housing requirement. Nina Timm answered that the projections are for future developments only. Commissioner Proper asked why a unit of three or more bedrooms would only count for 3.5 employees maximum. Nina Timm responded that this was done so that a unit would not have a lot of tiny bedrooms to offset the requirement. She added that there was an effect of diminishing effectiveness in the number of employees actually housed in large dwelling units. Commissioner Proper asked if this will cause people to not build more than 3 bedroom units. Page 2 Nina Timm stated it was likely those units would not be built. George Ruther clarified that dormitory style units could still be built. Commissioner Tjossem asked whether this would inhibit units from being built that are geared towards families. George Ruther stated that Staff will respond with reviewing the requirements and making some changes if necessary. Commissioner Tjossem asked if developers are given incentives today to provide their entire employee housing requirement on-site. Nina Timm clarified that there is no incentive. Commissioner Tjossem suggested that if developers built more employee housing than is required by the regulation, they should be given incentives including more GRFA, height, etc. Commissioner Proper asked why developers are shouldering the housing burden. George Ruther said this is not to provide housing that we already lack. The developers are required to mitigate for only a portion of new employees generated. He added further that it is a responsibility of everyone to provide housing. Commissioner Proper did not understand why generation of employees is a negative. He asked why it was the government's obligation to solve this problem instead of the free market taking over and solving the problem. He said this is popular because the tyrannical majority of the Town has viewed this as the solution. Ron Byrne, resident and owner Ron Byrnes and Associates, involved in development and real estate, asked if the deed restricted units have required pricing limits. Nina Timm responded that deed restricted units under this program do not have price appreciation caps. The can be sold for whatever the market will bear. Peter Knobel, resident and developer of Solaris, stated that there are long and short term issues. He stated that businesses need to pay employees more money. He added that within the core of Vail Village it does not make sense to have employee housing on-site. Under a proposal, the developer should have a penalty when they create housing outside of the property. He said we need to look at the best way to create new housing. He stated that developers need incentives. He said he owns units in the Matterhorn neighborhood and if given incentives, he would add employee housing. Ron Byrne said that he wanted to put EHUs within regular residences. However, this did not work very well. He said that with limited numbers of residential properties in town, developers should be given the opportunity to utilize town owned property for employee units. Jim Lamont, representing the Vail Homeowners Association, said there should be a master plan that shows where to put all of the employee housing. He said incentives are necessary when requiring EHUs on site. He said there are certain neighborhoods have different rates of change, and there should be more master planning of the community to understand where the shock absorbers for new growth can occur. He believes this needs to occur very rapidly, because the first tier of building lots is already eight stories or higher. Beyond that, he believes people are not thrilled with bigger buildings. He said that if employee housing can't be placed in the town, there Page 3 should be an allowance to put housing outside of the Town of Vail. He said mass transit and parking are also missing from this plan, as there are advantages to building housing outside the community and there is a need to get people on mass transit or provide parking. Peter Knobel said that building employee housing down valley will cause workers to stay down valley. Commissioner Pierce said that this Commission was concerned the original ordinance was too quickly crafted. He felt that it is reasonable for 30% to be in Vail and 70% elsewhere. He said the housing solution should be tax based in order to place the burden on everyone. He said there should be prioritization of inethods, and not necessarily a requirement for all on-site units. He also said that there should be a hierarchy of value to the community. George Ruther asked for clarification. He stated that his understanding of Commissioner Pierce's comments is that Staff is to develop criteria or standards that establish tiers of "disincentives" to be applied to a development that does not provide on-site mitigation. Commissioner Viele stated that he believes the regulations are fundamentally a growth control measure; he is not in favor of growth control. Continued development and the housing of employees will produce more people. He explained his view of subsidizing the development of employee housing within a housing (residential) development project. He believes the current mitigation methods are counter intuitive; that if the Town really wants to solve the housing issue, it should create a mitigation bank to be used strategically to incentivize and partner with developers to make it more attractive to them. Any new criteria established or adopted should be linked to choice of inethod. Businesses should share equally (and the Town should encourage with "carrots") the burden of providing housing and paying a living wage. Commissioner Proper, referencing page 3 of the memorandum, asked for clarification regarding proposed establishment of "Off-site Mitigation Banking" regulations. He added that he fundamentally objected to the Town's approach (to date) on addressing employee housing mitigation. He further added that onsite units should be allowed to be smaller than units in other parts of town. He also said the Town should use the fee in lieu to buy down units throughout the town. Commissioner Kjesbo said that requiring the units on-site will slow down the economy. He added that he would like to see disincentives for certain mitigation. Commissioner Gunion said the policy should emphasize giving incentives to those who offer the best options. She added that the PEC should be able to review plans for EHUs outside of Vail if it is a good plan. Developers can be very creative, and allowing for the PEC to review a proposal that may not conform exactly to the five identified mitigation methods would allow for that creativity possibly achieve solutions not conceived of currently. Commissioner Kurz said that flexibility ought to be allowed. There should be general guidance on units. He said that he is unsure of the PEC role with regard to employee housing. He said if developers are enlightened and have solutions, they should be able to propose out of the box ideas. He said that the pay-in-lieu should be used for a number of different programs where the Town partners with people to use the money to create deed restrictions. Commissioner Tjossem said that flexibility and great ideas. She asked Staff to come back with plans on how to get employees in and to town. Flexibility and creativity are needed. Page 4 Peter Knobel stated that developers need to know the rules, whatever they may be so that they can pay reasonable prices for property. Ron Byrne said that there needs to be rules in order to create financial models and get financing. He is encouraging PEC to look at all the different options. He said that adding more GRFA throughout the Town will not be noticed if done right. Commissioner Pierce summarized that the PEC wants a longer range plan for housing. He added that predictability is of key importance. It needs to be clear as to what is required. Employee Housing Plans need to be submitted with an application, so that the plan is understood from the beginning of the project. He also said prioritization of types of housing provided should occur. 5 minutes 4. A request for a final review of variance from Section 12-6C-5, Setbacks, and Section 12-6C-11, Parking, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a front and side setback encroachment and to reduce the required on site parking to facilitate construction of an addition, located at 3035 Booth Falls Road/Lot 12, Block 1, Vail Village 13th Filing, and setting forth details in regard thereto. (PEC08-0002) Applicant: John and Katherine Adair, represented by Pure Design Studio Planner: Bill Gibson ACTION: Table to February 25, 2008 MOTION: Kjesbo SECOND: Viele VOTE: 7-0-0 5. A request for a work session to review an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend a platted building envelope, located at 1326 Spraddle Creek Road/Lot 14, Spraddle Creek Estates, and setting forth details in regard thereto. (PEC070069) Applicant: Ron Oehl, represented by Berglund Architects Planner: Nicole Peterson ACTION: Withdrawn 6. Approval of January 28, 2008 minutes MOTION: Kjesbo SECOND: Viele VOTE: 7-0-0 7. Information Update 8. Adjournment MOTION: Kjesbo SECOND: Kurz VOTE: 7-0-0 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. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published February 8, 2008, in the Vail Daily. Page 5 b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the Two-Family Residential District. c. The strict interpretation or enforcement of the specified regulation will deprive the applicant of privileges enjoyed by the owners of other properties in the Two-Family Residential District." IX. P►TTACHi�EiVTS A. Vicinity Map B. Previous Architectural Pians � C. Applicant's Request D. Proposed (Revised) Architectural Plans 7