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HomeMy WebLinkAbout2017-12-12 VLHA Meeting Agenda Vail Local Housing Authority
TOWN OF VAPL A Agenda
Tuesday, December 12, 2017
3:00 PM — 5:00 PM
Municipal Building Admin Conference Room
75 South Frontage Road West, Vail, Colorado 81657
MEMBERS PRESENT MEMBERS ABSENT
Staff
1. Review and Approval of the November 28, 2017 Meeting Results 5 Min.
2. Review and Approval of Vail Local Housing Authority Resolution 5, Series
of 2017, A RESOLUTION ADOPTING A BUDGET AND MAKING
APPROPRIATIONS TO PAY THE COSTS, EXPENSES AND LIABILITIES
OF THE VAIL LOCAL HOUSING AUTHORITY, FOR ITS FISCAL YEAR
JANUARY 1, 2018 THROUGH DECEMBER 31, 2018. 5 Min.
3. Review and Approval of Vail Local Housing Authority Resolution 6, Series
of 2017, A RESOLUTION APROVING AN EXEMPTION FROM AUDIT FOR THE
FISCAL YEAR 2016, FOR THE VAIL LOCAL HOUSING AUTHORITY IN THE
STATE OF COLORADO. 5 Min.
4. EHU Options for Lots Less Than 14,000 Square Feet in Size
Presenter: Jonathan Spence, planner 15 Min.
5. Tract A Middle Creek Subdivision Site Feasibility Study
Presenter: Justin Lightfield, planner 15 Min.
6. Draft Housing Policy and Objectives Statement Discussion 20 Min.
7. Bi Annual VLHA Report (January 16, 2018) 5 Min.
8. Executive session per C.R.S. §24-6-402(4)(a)(b)(e) to discuss the
purchase, acquisition, lease, transfer, or sale of property interests; to
receive legal advice on specific legal questions; and to determine positions,
develop a strategy and instruct negotiators, regarding Vail
InDEED applications. 55 Min
Page 1
Adjournment at 5.00 PM
Next Meeting — December 26, 2017
Future Agenda Items:
• Lock Off Amnesty Opportunities
Page 2
0
Vail Local Housing Authority
TOWN OF VaIL, " Meeting Results
Tuesday, November 28, 2017
3:00 PM — 5:00 PM
Municipal Building Admin Conference Room
75 South Frontage Road West, Vail, Colorado 81657
MEMBERS PRESENT MEMBERS ABSENT
Steve Lindstrom
Mary McDougall
Francisco Meza
Molly Morales
James Wilkins
Staff
George Ruther
Lynne Campbell
Kathleen Halloran
Carlie Smith
Greg Clifton
A quorum being present Linstrom called the meeting to order at 3.10 PM.
Discussion ensued regarding Mountain View project which is going back before Town
Council, Scope of project has changed. Lindstrom asked the Board for their continued
support of this project.
Review and approval of the November 14, 2017 Meeting Results followed. Results were
approved without changes.
MOTION: Wilkins SECOND: Meza VOTE: 5-0
The Board reviewed and discussed other projects in the works. Wilkins stated Eagle
River Water and Sanitation District's Stillwater project goes to Eagle County
Commission on Tuesday, December 5t". Linstrom asked Wilkins to circulate meeting
information to the group. Lindstrom mentioned the Vail Valley Partnership is hosting an
East Vail Visioning public session at Grandview room from 11.30 AM-2.30 PM and 4.30
PM-6.30 PM.
Kathleen Halloran Finance Director and Carlie Smith, Analyst, presented the draft 2018
VLHA Budget and proposal to be presented to Town Council December 5, 2017. The
Board currently does not qualify for their own budget fund due to no revenue. She
suggested creating a separate fund balance from capital funds. This will allow tracking
Page 1
of expenditures by projects. Remaining 2017 balances will roll into 2018 budget.
Supplemental will be reviewed by Council on December 5, 2017.
Clifton said the Board's presence at the council meeting would be welcomed.
Lindstrom addressed the option for a Vail Local Housing Authority Tax Exemption. The
idea was VLHA could act upon housing opportunities outside the Town of Vail's
jurisdiction by taking a small percentage of ownership in a project. Town Attorney Matt
Mire said it was not possible unless the Town acquired property into Town jurisdiction.
McDougall asked if the Town would extend the Vail InDEED program in Vail
Intermountain outside the TOV boundary. Ruther explained if asked by the applicant the
Board would be required to go to Council for approval.
Next up was the review of whether the Board should establish a fair market rent value.
Campbell present deed restriction text stating VLHA "will determine the market rate
based on the study of other units of comparable size, location, quality and amenities
throughout Town". Campbell asked the Board if Staff should do annual or other time
frame review of average rental rates.
Morales suggested there be a 3rd party study and update every some many years.
Lindstrom asked if staff received rental rates from the annual compliance affidavits.
Campbell, yes.
Board suggested staff use the data provided from owners in the 2017 EHU annual
compliance affidavit since they are required to state the amount if the unit is rented.
Lock off amnesty opportunities was discussed by Ruther and the Board. There could be
many illegal rental units in Town. A method to create safety and a legal dwelling could
be to offer amnesty for those who come forward and legalize the unit. Other jurisdictions
are recognizing these units.
Linstrom mentioned the units would have to be deed restricted without funds from Vail
InDEED.
The Board was interested in further discussion on this subject and thinks a good idea to
pursue.
Ruther stated next steps would be small steps and share ideas with Council. Staff will
begin researching how other communities handle this today and likely this opportunity
will be community driven.
Ruther provided an update to the Open Lands Plan (OLP) and Short Term Rentals
(RBO). Open Lands will be heard at Planning and Environmental Commission
November 27, 2017 for the second time. RBO is going before Council for second
Page 2
reading on December 5, 2017. He asked is there is something the Board wishes to
share.
Clifton commented the community asking who is defining community benefits, there's
no ranking. Clifton stated the Town isn't having coinciding conversations with all Town
departments and doesn't feel there is housing representation at the OLP meetings. He
thinks the OLP is happening in isolation.
Per Ruther there is time compose recommendations. Staff and VLHA will work on
policy statement regarding RBO and share with Council.
Some Board members suggested having an OLP open housing with VLHA. Ruther is
going to check with staff and Tom Braun with regarding to more OLP housing focus.
Ruther reviewed the updated Annual Lottery recommended changes with the Board. He
has drafted a letter to past lottery participants and interested parties. He will advise the
Board when the lottery recommendation is on Council agenda.
Wilkins motioned to adjourn the meeting as all business had been addressed.
MOTION: Wilkins SECOND: McDougall VOTE: 5-0
Meeting adjourned at 5.00 pm.
Next Meeting — December 12, 2017
Future Agenda Items:
• Bi Annual VLHA Report
• Employee Occupancy Requirements
Page 3
TOWN OF VA L %.
Memorandum
To: George Ruther, Community Development Director
Lynne Campbell, Housing Coordinator
Matt Mire, Legal Counsel
From: Jonathan Spence, Senior Planner
Date: November 9, 2017
Subject: Options for allowing a delay in the implementation of occupancy requirements for
new Type I and Type II Employee Housing Units.
I. Purpose
The purpose of this memo is to explore regulatory options and their associated
benefits/challenges for allowing a delay in the implementation of occupancy
requirements for new Type I and Type 11 Employee Housing Units (EHUs). The two
main options evaluated will be a Prescribed Regulations Amendment to Chapter 13,
Employee Housing and a revised deed restriction approach.
II. Background
Interest has been expressed in the community to possible allow scenarios where a Type
I or Type 11 EHU is added to an eligible property but the required occupancy, per Sec.
12-13-3 A. 2, is delayed to time in the future. A description or Type I and Type 11 EHUs
can be found in the chart below:
Additional
Site
Coverage/ Minimum/
Zoning Districts Reduced Garage Maximum
Permitted By Ownership/ Additional Landscape Credit/Storage GRFA
EHU Right Transference GRFA Area Requirement Parking Of An EHU Density
Type I Primary/seconda The EHU may The EHU is Site Allowed 300 sq. Per n/a The EHU
ry be sold or entitled to an Coverage: ft.of garage chap ter is allowed
residential, transferred additional The site is area per 10 of as a
Two-family separately. 550 sq.ft. entitled to enclosed this title second
residential GRFA an vehicle space as a unit on the
deduction. additional at a maximum dwelling property.
(Only on lots less 5%of site of 2 parking unit.
than 14,000 sq. coverage spaces(600 sq.
ft.in size) for the ft.).
EHU.
All units not
Landscape constructed
Area: with a garage
The site is shall be
entitled to a required a
reduction of minimum 75 sq.
landscape ft.of storage
area by 5% area in addition
(reduced to to normal closet
55%of site space.This 75
area)for sq.ft.shall be a
the EHU. credit for
storage only.
Type II Single- The EHU shall The EHU is n/a Allowed 300 sq. Per 300 sq.ft. The EHU
family residential, not be sold or entitled to an ft.of additional chap ter minimum is allowed
Two-family transferred additional garage area for 10 of and 1,200 as a third
residential, separately from 550 sq.ft. the EHU. this title sq.ft. unit on
Primary/seconda the unit it is GRFA as a maximum. property.
ry associated deduction. All units not dwelling
residential with. constructed unit.
with a garage
Agriculture and shall be
open required a
space minimum 75 sq.
ft.of storage
area in addition
to normal closet
space.This 75
sq.ft.shall be a
credit for
storage only.
Descriptions of the possible scenarios are presented below:
Case #1.
An owner of a property zoned either Two-Family Primary/Secondary (PS) or Two-
Family Residential (R) developed with a SFD single-family dwelling unit and containing
less than 14,000 square feet of lot size wishes to add an EHU to the property. Upon
completion of the EHU, the owner would like to either sell or rent the SFD and live in the
EHU despite not being eligible. Occupancy of the EHU by a qualified individual would
occur either upon the death of the owner, at a date certain or at the sale of the property.
Case #2.
An owner of a property zoned either PS or R with a constructed two-family home wishes
to add an EHU to the property. Upon completion of the EHU, the owner would like to
rent the two-family home and live in the EHU despite not being eligible. Occupancy of
the EHU by a qualified individual would occur either upon the death of the owner, at a
date certain or at the sale of the property.
III. Regulatory Options
At this time two (2) regulatory approaches have been identified that could allow the
above scenarios to occur. These two (2) options are:
#1. Prescribed Regulations Amendment to Chapter 13: Currently the Vail Town Code
(Code) requires all EHUs of types I, II, III, and IV, which are required to be leased to be
occupied by tenants who are full time employees who work in Eagle County. Revisions
to this chapter could include adding a new type, revisions to the occupancy limitations
or both.
Town of Vail Page 2
#2. Revised Deed Restriction: The Town of Vail requires deed restrictions for all EHUs
per the Code. The deed restriction sets forth the provisions of the Code concerning
occupancy requirements and lease terms. It is possible that the deed restriction could
address the scenarios involving EHU occupancy by non-qualified individuals.
IV. Option Components
To assist in more fully understanding what each option would entail in terms of content
and process, staff has prepared the following:
Option #1 Prescribed Regulation Amendment
Process: Proposed regulation amendments are drafted by the Community
Development Department with input and review from stakeholders and legal counsel.
Regulation amendments are first presented to the Planning and Environmental
Commission (PEC) for a recommendation to the Town Council. The PEC may
recommend approval of the petition or proposal as initiated, may recommend approval
with such modifications as it deems necessary to accomplish the purposes of the
Zoning Regulations, or may recommend denial of the petition or rejection of the
proposal. The commission shall transmit its recommendation, together with a report on
the public hearing and its deliberations and findings, to the Town Council.
The Town Council reviews a prescribed regulation amendment through two readings of
an ordinance, acting upon the PEC recommendation and any evidence and testimony
presented. Upon approval on second reading, the regulation amendment is
incorporated into the Vail Town Code. From the initial scheduling of the PEC meeting to
amendment adoption takes approximately 6 to 8 weeks.
Product: Prescribed Regulation Amendments are revisions, additions and/or deletions
to the Vail Town Code. The amendments may include language added to support a new
or changed regulation in addition to the language revising the regulation itself. To move
forward with a change to the regulations to allow a delay in the execution of the
occupancy requirements for EHUs, staff envisions changes to Sec. 12-13-3: General
Requirements that outlines the acceptable circumstances for delaying the occupancy
requirement. These circumstances would be further articulated through the deed
restriction, as required by Sec. 12-13-3 A. 5.
Option #2 Revised Deed Restrictions
Process: A revised deed restriction would be drafted by the Community Development
Department with considerable input from legal counsel.
Product: In order to accommodate unique circumstances, it is anticipated that a deed
restriction would be drafted specific to a particular project.
Results: Utilizing either option should result in an increase, overtime, in the Town of
Vail's EHU inventory. Currently there are approximately 230 properties zoned either
Two-Family Primary/Secondary (PS) or Two-Family Residential (R) that are less than
Town of Vail Page 3
14,000 square feet in size and only contain one unit. In addition, there are XXX
constructed duplex properties in town that are also eligible for an additional unit
restricted as an EHU.
V. Analysis of Options
Options Benefits Challenges
Option 1: Code Amendment . Directly addressing the • Difficulty in ensuring that
occupancy restriction the language addresses
language the possibility of a
• Transparency multitude of variations
• Difficulty in ascertaining
unforeseen consequences
• Slow response time if
holes in the regulations
are identified
• Opening up revisions to
the Code for what may be
a "one off"
Option 2: Deed Language . Tailor made restrictions for • Legal question as to the
specialized effect of a deed restriction
circumstances. that may conflict with the
• Reduced possibility of Code.
unforeseen circumstances • Lack of transparency
V. Next Steps
Prior to moving forward with developing the tools necessary to accommodate either
presented scenario, staff encourages a review of the option by legal counsel and
continued discussion.
Town of Vail Page 4
0
TOWN OFVAILt)
Memorandum
To: File
From: Justin Lightfield, Planner
Date: December 5, 2017
Subject: Site Feasibility Study, Tract A, Middle Creek Subdivision, Parcel Number 2101-064-09-
003
I. SUMMARY
The Town of Vail Community Development Department is examining the site feasibility for future
residential development on Tract A, Middle Creek Subdivision, parcel number 2101-064-09-003.
The site is located west of the Vail Village (Exit 176) interchange, bounded by US Forest
Service (USFS) to the north, 1-70 ROW and North Frontage Road to the south, Middle Creek
housing development and Mountain Bell Tower site to the south and east, a metes and bounds
±26 acre parcel owned by the Town of Vail to the east, and Solar Vail apartments to the west.
The site highlighted below totals 17.87 acres and is owned by the Town of Vail.
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Town of Vail Page 1
II. PURPOSE
The purpose of this memo is to present the initial findings of a Site Feasibility Study completed
by Community Development Staff. The intent of the study is to share the feasibility of potential
residential development on the site. Staff examined both the constraints and opportunities
through Geographic Information Systems (GIS) analysis. The areas of analysis include: zoning,
land use, pedestrian/vehicle circulation, steep slopes, rockfall, debris flow, debris avalanche,
snow avalanche, wildlife, floodplains, utilities, and open space.
III. ZONING
The site contains two types of zone districts; with 12.82 acres (72%) zoned Natural Area
Preservation (NAP) and 5.05 acres (28%) zoned General Use (GU). The surrounding zone
districts include:
North: N/A (US Forest Service Land)
South: Housing (I-70)
East: Natural Area Preservation
West: Housing and Natural Area Preservation
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The NAP district is the Town's most restrictive zone district which is intended to protect lands in
their natural state. The purpose of the NAP zone district is:
Town of Vail Page 2
The natural area preservation district is designed to provide areas which, because of their
environmentally sensitive nature or natural beauty, shall be protected from encroachment by
any building or other improvement, other than those listed in section 12-8C-2 of this article. The
natural area preservation district is intended to ensure that designated lands remain in their
natural state, including reclaimed areas, by protecting such areas from development and
preserving open space. The natural area preservation district includes lands having valuable
wildlife habitat, exceptional aesthetic or flood control value, wetlands, riparian areas and areas
with significant environmental constraints. Protecting sensitive natural areas is important for
maintaining water quality and aquatic habitat, preserving wildlife habitat, flood control, protecting
view corridors, minimizing the risk from hazard areas, and protecting the natural character of
Vail which is so vital to the town's tourist economy. The intent shall not preclude improvement of
the natural environment by the removal of noxious weeds, deadfall where necessary to protect
public safety or similar compatible improvements.
The following uses are permitted and conditional uses in the NAP district:
Permitted Uses Conditional Uses
Nature preserves. Equestrian trails, used only to access national forest
system lands.
Interpretive nature walks.
Parking,when used in conjunction with a permitted or
conditional use.
Paved and unpaved, non-motorized, bicycle paths and
pedestrian walkways.
Picnic tables and informal seating areas.
Other uses customarily incidental and accessory to
permitted or conditional uses and necessary for the
operation thereof,with the exception of buildings.
The purpose of the GU zone district is:
The general use district is intended to provide sites for public and quasi-public uses which,
because of their special characteristics, cannot be appropriately regulated by the development
standards prescribed for other zoning districts, and for which development standards especially
prescribed for each particular development proposal or project are necessary to achieve the
purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. The
general use district is intended to ensure that public buildings and grounds and certain types of
quasi-public uses permitted in the district are appropriately located and designed to meet the
needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of
buildings and other structures, to ensure adequate light, air, open spaces, and other amenities
appropriate to the permitted types of uses.
The following uses are permitted and conditional uses in the GU district. Conditional uses shall
be permitted in the GU district, subject to issuance of a conditional use permit in accordance
with the provisions of 12-16-1.
Town of Vail Page 3
Permitted Uses Conditional Uses
Bicycle and pedestrian paths. Child daycare centers.
Communications antennas and Equestrian trails.
appurtenant equipment. Golf courses.
Employee housing units, as further Healthcare facilities.
regulated by chapter 13 of this title. Helipad for emergency and/or community use.
Passive outdoor recreation areas, and Major arcades.
open space I Plant and tree nurseries, and associated structures,
excluding the sale of trees or other nursery
products, grown, produced or made on the
Conditional Uses(provided such use is premises.
accessory to a parking structure) Public and private parks and active outdoor
Offices. recreation areas, facilities and uses.
Restaurants. Public and private schools.
Ski and bike storage facilities. Public and quasi-public indoor community facilities.
Sundries shops. Public buildings and grounds.
Tourist/guest service related facilities. Public parking structure.
Transit/shuttle services. Public theaters, meeting rooms and convention
facilities.
Public tourist/guest service related facilities.
Public transportation terminals.
Public unstructured parking.
Public utility and public service uses.
Religious institutions.
Seasonal structures or uses to accommodate
educational, recreational or cultural activities.
Ski lifts, tows and runs.
Water and sewage treatment plants.
Ordinance No. 19, Series of 1995, changed the zoning of 67 properties in the Town of Vail from
their previous zoning to the NAP District, Outdoor Recreation (OR) District, or the General Use
(GU) District. This was done by the Town to address legal non conforming uses, improve
protection of sensitive natural resources, and to ensure the appropriate zoning of outdoor
recreational areas. The Planning and Environmental Commission (PEC) reviewed the proposed
zoning changes on September 24, 1995 and voted 4-2-1 to recommend approval. Town Council
voted 6-1 to approve Ordinance No. 19, Series of 1995 on second reading. After the passage of
Ordinance No. 19, Series of 1995, the zoning of the subject site was amended from Agricultural
& Open Space (AOS) to both NAP and GU in 1995.
The subject site falls within property number 34 and 35 in Ordinance No. 19, Series of 1995,
which highlights unique features of the site as moderate debris flow and medium rock fall
geographic hazards for the site. The previous zoning for the site at the time of the Ordinance
No. 19, Series of 1995, was Agricultural and Open Space (AOS). The current zoning
designation of NAP and GU resulted from the passage of the Ordinance.
Town of Vail Page 4
IV. LAND USE PLAN
The Land Use Plan was adopted in 1989 to guide development for the Town of Vail, with its
primary focus on the long-term needs and desires of the Town as it progresses and matures.
The adopted map of the Vail Land Use Plan shows a recommendation of Open Space for the
property, which totals 17.87 acres (100%) of the site as Open Space. Land use of the adjacent
properties include:
North: N/A
South: Public/Semi-Public and High Density Residential
East: Open Space
West: Medium Density Residential and Open Space
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The Open Space category is defined as follows:
Passive recreation areas such as greenbelts, stream corridors and drainage ways are the types
of areas in this category. Hillsides which were classified as undevelopable due to high hazards
and slopes over 40% are also included in this area. These hillside areas would still be allowed
types of development permitted by existing zoning, such as one unit per 35 acres, for areas in
agricultural zoning. Also, permitted in this area would be institutional/public uses.
This property was likely included in this category due to geologic hazards, including medium
severity rockfall and moderate hazard debris flow areas, and due to slopes in excess of 40%. A
geologic hazards figure and slope figure are shown later in the study.
Town of Vail Page 5
Goal statements were developed from the Vail Land Use Plan and should be used in the
evaluation of any development proposal. The two most applicable categories for this site include
General Growth / Development and Residential. All goal statements in the Vail Land Use Plan
should be reviewed for the project. Below are several examples of goal statements relevant to
the property when reviewing for development:
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. Development proposals on the hillsides should be evaluated on a case by case basis.
Limited development may be permitted for some low intensity uses in areas that are not
highly visible from the Valley floor. New projects should be carefully controlled and
developed with sensitivity to the environment.
1.3. Development of Town owned lands by the Town of Vail (other than parks and open
space) may be permitted where no high hazards exist, if such development is for public
use.
1.4. Town owned lands shall not be sold to a private entity, long term leased to a private
entity or converted to a private use without a public hearing process.
1.5. Vail should accommodate most of the additional growth in existing developed areas
(infill areas).
2. Residential
2.1. Additional residential growth should continue to occur primarily in existing, platted areas
and as appropriate in new areas where high hazards do not exist.
2.2. Affordable employee housing should be made available through private efforts, assisted
by limited incentives, provided by the Town of Vail, with appropriate restrictions.
2.3. The existing employee housing base should be preserved and upgraded. Additional
employee housing needs should be accommodated at varied sites throughout the
community.
V. PEDESTRIANIVEHICLE CIRCULATION
The five minute walk is a standard that is best described as the average distance that a
pedestrian is willing to walk before choosing to drive. The average walking speed of a human is
at approximately 3 miles per hour, which translates to '/4 of a mile in five minutes. The figure
below shows a transportation network walking analysis with 5, 10, and 15-20 minute walk times
highlighted based on the four major routes highlighted from the site. All routes highlighted below
begin from the site center point and extend south to the edge of the site. The routes shown fall
within the following walk times:
Town of Vail Page 6
5 Minute Walk Time
• Center point to Middle Creek bus station
10 Minute Walk Time
• Center point to Sandstone School bus station
15 - 20 Minute Walk Time
• Center point to Lionshead Parking Structure
• Center point to Vail Village Parking Structure
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VI. SLOPE
Slope has been divided into three categories — below 30%, 30% - 40%, and above 40%. All
areas over 40% slopes are considered steep slopes per the Vail Land Use Plan. Per the Vail
Town Code zoning regulations, slopes in excess of 30% slope are considered "excessive
slopes". The existing, natural gradient of the undisturbed land surface is a naturally steep site.
13.84 acres (77%) of the site are above 40% slope, 2.28 acres (13%) are 30% - 40% slope, and
only 1.77 acres (10%) of the site are below 30% slope.
Town of Vail Page 7
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The Town Code states no structure shall be built on a slope of forty percent (40%) or greater
except in single-family residential, two-family residential, or two-family primary/secondary
residential zone districts. A variance would be required in this event to build on a slope greater
than 40% due to the practical difficulty resulting from topographic conditions on the site.
Additionally, not more than sixty percent (60%) of the total site area may be disturbed from
present conditions by construction activities. The design review board (DRB) may approve site
disturbance in excess of the sixty percent (60%) maximum if specific design criteria warrant the
extent of the requested deviation.
VI I. HAZARDS
The site contains medium severity rockfall areas and moderate hazard debris flow areas. 13.72
acres (77%) of the site is within medium severity rockfall area, while 1.46 acres (8%) of the site
is within moderate hazard debris flow. Due to the site containing areas identified as rockfall and
debris flow, the site must undergo site specific geologic investigations. No initial application for a
building permit, grading permit or major or minor subdivision shall be approved until a site
specific geologic investigation is complete by a "professional geologist". Any development on
the site will require site specific studies for rockfall and debris flow with building permit
application or with Design Review Board (DRB) application if it is for a multi-family or
commercial development.
Town of Vail Page 8
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VIII. WILDLIFE
According to Colorado Parks and Wildlife data, the site contains the following types of wildlife:
1. Black Bear: Overall Range, Summer Concentration, Human Conflict Area
2. Boreal Toad: Overall Range
3. Elk: Summer Range, Overall Range
4. Lynx: Potential Habitat
5. Moose: Overall Range, Summer Range
6. Mountain Lion: Human Conflict Area, Overall Range
7. Mule Deer: Overall Range, Summer Range
8. Terrestrial Garter Snake: Overall Range
While the entire valley/watershed is shown as Boreal Toad and Lynx habitat based on
Surveying and Mapping (SAM) maps, this site is not suitable habitat for either species due to
lack of water in the case of Boreal Toads and lack of cover/presence of human disturbance and
activity in the case of Lynx.
The Boreal Toad is presently listed as a state endangered species by the state of Colorado.
Lynx are presently listed as a federally threatened and state endangered species. This
designation does not restrict future development, due to the site providing no suitable habitat to
either species. A more detailed field inspection would be needed to verify the data specifically
for the site.
Town of Vail Page 9
IX. FLOODPLAIN
Middle Creek flows through a small portion (0.58 acres) of the site, west of the Mountain Bell
Tower and Middle Creek housing development. The area is identified as a Hazard Area on the
Federal Emergency Management Agency (FEMA) Flood map. Areas immediately adjacent to
Middle Creek are inundated by a flood event having a one-percent chance of being equaled or
exceeded in any given year. The one-percent annual chance flood is also referred to as a 100-
year flood. The majority of the site (17.29 acres) is clear of the floodplain. All modifications,
grading or installation of proposed improvements within the 100-year floodplain shall be in
accordance with 12-21-11: Flood Hazard Zones. A floodplain use permit or floodplain
modification permit is required depending on the circumstance and conditions.
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X. UTILITIES
Potable water and waste water are provided to the areas south, west, and east of the site by
Eagle River Water and Sanitation District. Water lines are highlighted in blue, while wasterwater
lines are highlighted in green. Water and wastewater lines run northeast across 1-70 from Vail
International to the Mountain Bell site, then flow east. A wastewater line ends between the
Gymnastics facility and Solar Vail, where it runs west along the CDOT ROW beyond Red
Sandstone School. A water line crosses 1-70 north of the Lionshead parking structure, then
immediately turns northwest once it crosses North Frontage Road, through the southwestern
portion of Solar Vail and through Red Sandstone School. Water, sewer, electric, gas, and
communication extensions would be needed to serve the property.
Town of Vail Page 10
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XI. DESIGNATED OPEN SPACE
According to the 2017 Open Lands Plan (DRAFT), the western portion zoned Natural Area
Preservation is eligible for a Designated Open Space Overlay. The eastern 1.5 acre area zoned
Natural Area Preservation is not currently eligible for a Designated Open Space Overlay. In
order to be considered for dedication as Designation Open Space, a parcel must be owned by
the Town of Vail, and zoned either Natural Area Preservation, Outdoor Recreation or
Agricultural Open Space. Additionally, the parcel must be either:
1. Environmentally sensitive lands (wetlands, riparian areas, critical habitat identified by the
division of wildlife, or the natural heritage program);
2. High natural hazard areas including the 100-year flood plain, red avalanche hazard area,
high rock fall hazard area, and high debris flow hazard area; or
3. Town of Vail park that provides passive outdoor recreation opportunities.
Designated Open Space is an overlay designation, established within the Vail Town Charter,
which can be applied by the Town Council to any Town-owned parcel that satisfies certain
criteria highlighted in the Charter. Once a parcel is dedicated as Designated Open Space, it is
then arguably locked as a park or open space land due to the steps needed for the disposal of
Designated Open Space listed below:
Town council may consider the sale, lease, trade, alienation, partition, granting of an exclusive
license or permit, use or zone change other than one of the open space zone districts identified
in this section of designated open space only upon receiving a unanimous recommendation of
such action from the open space board of trustees.
Once such recommendation is received, the town council shall consider an ordinance referring
such question of disposal of designated open space to the registered electors at a town election
for their acceptance or rejection. The ordinance shall give the location of the land in question
and the intended disposal thereof. Every such ordinance shall require the affirmative vote of
Town of Vail Page 11
three-fourths of the entire council for passage. The vote of the town on proposed disposal of
designated open space shall be held not less than thirty days and not later than ninety days
from the date of the final council vote thereon. If no regular town election is to be held within the
period prescribed in this subsection, the council shall provide for a special election; otherwise,
the vote shall be held at the same time as such regular election, except that the council may at
its discretion provide for a special election at an earlier date within the prescribed period. Copies
of the proposed ordinance to dispose of designated open space shall be made available to the
public within a reasonable time before the election and also at the polls at the time of the
election.
XI I. CONCLUSION
Highly constrained areas have limited development potential; however, the areas are not off
limits when following the proper steps necessary for new construction. There is a small portion
towards the center of the site to the southern side where residential development could occur
within a 30-40% slope. The Town Code states no structure shall be built in any flood hazard
zone or on a slope of forty percent (40%) or greater except in a single-family residential, two-
family residential, or two-family primary/secondary residential zone districts. Otherwise, a
variance would be required in this event to build on a slope greater than 40% due to the
practical difficulty resulting from topographic conditions on the site. Variances are governed by
the provisions of 12-17, Vail Town Code. Significant retaining walls and cuts in the grade would
be needed as well. Working within such a highly constrained site will add significant costs to site
grading, excavation, and construction.
XIII. ATTACHMENTS
A. Site Photos
B. Study Area Map
C. Zoning Map
D. Land Use Map
E. Pedestrian/Vehicle Circulation
F. Steep Slopes Map
G. Hazards Map
H. Town Owned Property Map
I. FEMA Flood Hazards Map
J. Utilities Map
Town of Vail Page 12
A. SITE PHOTOS
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TOWN OF VA L %.
Memorandum
To: George Ruther, Community Development Director
Lynne Campbell, Housing Coordinator
Matt Mire, Legal Counsel
From: Jonathan Spence, Senior Planner
Date: November 9, 2017
Subject: Options for allowing a delay in the implementation of occupancy requirements for
new Type I and Type II Employee Housing Units.
I. Purpose
The purpose of this memo is to explore regulatory options and their associated
benefits/challenges for allowing a delay in the implementation of occupancy
requirements for new Type I and Type 11 Employee Housing Units (EHUs). The two
main options evaluated will be a Prescribed Regulations Amendment to Chapter 13,
Employee Housing and a revised deed restriction approach.
II. Background
Interest has been expressed in the community to possible allow scenarios where a Type
I or Type 11 EHU is added to an eligible property but the required occupancy, per Sec.
12-13-3 A. 2, is delayed to time in the future. A description or Type I and Type 11 EHUs
can be found in the chart below:
Additional
Site
Coverage/ Minimum/
Zoning Districts Reduced Garage Maximum
Permitted By Ownership/ Additional Landscape Credit/Storage GRFA
EHU Right Transference GRFA Area Requirement Parking Of An EHU Density
Type I Primary/seconda The EHU may The EHU is Site Allowed 300 sq. Per n/a The EHU
ry be sold or entitled to an Coverage: ft.of garage chap ter is allowed
residential, transferred additional The site is area per 10 of as a
Two-family separately. 550 sq.ft. entitled to enclosed this title second
residential GRFA an vehicle space as a unit on the
deduction. additional at a maximum dwelling property.
(Only on lots less 5%of site of 2 parking unit.
than 14,000 sq. coverage spaces(600 sq.
ft.in size) for the ft.).
EHU.
All units not
Landscape constructed
Area: with a garage
The site is shall be
entitled to a required a
reduction of minimum 75 sq.
landscape ft.of storage
area by 5% area in addition
(reduced to to normal closet
55%of site space.This 75
area)for sq.ft.shall be a
the EHU. credit for
storage only.
Type II Single- The EHU shall The EHU is n/a Allowed 300 sq. Per 300 sq.ft. The EHU
family residential, not be sold or entitled to an ft.of additional chap ter minimum is allowed
Two-family transferred additional garage area for 10 of and 1,200 as a third
residential, separately from 550 sq.ft. the EHU. this title sq.ft. unit on
Primary/seconda the unit it is GRFA as a maximum. property.
ry associated deduction. All units not dwelling
residential with. constructed unit.
with a garage
Agriculture and shall be
open required a
space minimum 75 sq.
ft.of storage
area in addition
to normal closet
space.This 75
sq.ft.shall be a
credit for
storage only.
Descriptions of the possible scenarios are presented below:
Case #1.
An owner of a property zoned either Two-Family Primary/Secondary (PS) or Two-
Family Residential (R) developed with a SFD single-family dwelling unit and containing
less than 14,000 square feet of lot size wishes to add an EHU to the property. Upon
completion of the EHU, the owner would like to either sell or rent the SFD and live in the
EHU despite not being eligible. Occupancy of the EHU by a qualified individual would
occur either upon the death of the owner, at a date certain or at the sale of the property.
Case #2.
An owner of a property zoned either PS or R with a constructed two-family home wishes
to add an EHU to the property. Upon completion of the EHU, the owner would like to
rent the two-family home and live in the EHU despite not being eligible. Occupancy of
the EHU by a qualified individual would occur either upon the death of the owner, at a
date certain or at the sale of the property.
III. Regulatory Options
At this time two (2) regulatory approaches have been identified that could allow the
above scenarios to occur. These two (2) options are:
#1. Prescribed Regulations Amendment to Chapter 13: Currently the Vail Town Code
(Code) requires all EHUs of types I, II, III, and IV, which are required to be leased to be
occupied by tenants who are full time employees who work in Eagle County. Revisions
to this chapter could include adding a new type, revisions to the occupancy limitations
or both.
Town of Vail Page 2
#2. Revised Deed Restriction: The Town of Vail requires deed restrictions for all EHUs
per the Code. The deed restriction sets forth the provisions of the Code concerning
occupancy requirements and lease terms. It is possible that the deed restriction could
address the scenarios involving EHU occupancy by non-qualified individuals.
IV. Option Components
To assist in more fully understanding what each option would entail in terms of content
and process, staff has prepared the following:
Option #1 Prescribed Regulation Amendment
Process: Proposed regulation amendments are drafted by the Community
Development Department with input and review from stakeholders and legal counsel.
Regulation amendments are first presented to the Planning and Environmental
Commission (PEC) for a recommendation to the Town Council. The PEC may
recommend approval of the petition or proposal as initiated, may recommend approval
with such modifications as it deems necessary to accomplish the purposes of the
Zoning Regulations, or may recommend denial of the petition or rejection of the
proposal. The commission shall transmit its recommendation, together with a report on
the public hearing and its deliberations and findings, to the Town Council.
The Town Council reviews a prescribed regulation amendment through two readings of
an ordinance, acting upon the PEC recommendation and any evidence and testimony
presented. Upon approval on second reading, the regulation amendment is
incorporated into the Vail Town Code. From the initial scheduling of the PEC meeting to
amendment adoption takes approximately 6 to 8 weeks.
Product: Prescribed Regulation Amendments are revisions, additions and/or deletions
to the Vail Town Code. The amendments may include language added to support a new
or changed regulation in addition to the language revising the regulation itself. To move
forward with a change to the regulations to allow a delay in the execution of the
occupancy requirements for EHUs, staff envisions changes to Sec. 12-13-3: General
Requirements that outlines the acceptable circumstances for delaying the occupancy
requirement. These circumstances would be further articulated through the deed
restriction, as required by Sec. 12-13-3 A. 5.
Option #2 Revised Deed Restrictions
Process: A revised deed restriction would be drafted by the Community Development
Department with considerable input from legal counsel.
Product: In order to accommodate unique circumstances, it is anticipated that a deed
restriction would be drafted specific to a particular project.
Results: Utilizing either option should result in an increase, overtime, in the Town of
Vail's EHU inventory. Currently there are approximately 230 properties zoned either
Two-Family Primary/Secondary (PS) or Two-Family Residential (R) that are less than
Town of Vail Page 3
14,000 square feet in size and only contain one unit. In addition, there are XXX
constructed duplex properties in town that are also eligible for an additional unit
restricted as an EHU.
V. Analysis of Options
Options Benefits Challenges
Option 1: Code Amendment . Directly addressing the • Difficulty in ensuring that
occupancy restriction the language addresses
language the possibility of a
• Transparency multitude of variations
• Difficulty in ascertaining
unforeseen consequences
• Slow response time if
holes in the regulations
are identified
• Opening up revisions to
the Code for what may be
a "one off"
Option 2: Deed Language . Tailor made restrictions for • Legal question as to the
specialized effect of a deed restriction
circumstances. that may conflict with the
• Reduced possibility of Code.
unforeseen circumstances • Lack of transparency
V. Next Steps
Prior to moving forward with developing the tools necessary to accommodate either
presented scenario, staff encourages a review of the option by legal counsel and
continued discussion.
Town of Vail Page 4