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HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 6 LOT 9 44 WILLOW PLACE EHUo v Y \ I l w {u J.t{..- ". A sJd-\c ^t"-'1 r\\Y:Y \J\\.-v| \>\ .\J !!a 3 -i F!E I j gE Fo:t EC.3EE !ot 3 -o9E :ro-c) d |/) <> N a(l q r- cf F- t F t 'I<c-ooE irO rar (, c o It o)- tl ! 'e<E EE*E60(oO t'q t-o (! \ @ il '\. cr e a\co @ a, c! <f (o t\ d ol ciNo .i <i gE ?6uro o 6l o @- .i F U :€! ; -dE M Ef, i€!E€E c (, '39Sas ; e:l 6lO .d >l ^. nt @-!tO o! !t EH(oo eS9l (t 6ro :tr'! !9i) U.?.ro .rl t{a?,6-: NO l!!c0 ! i t\ t <\l ((; ct o F. 6 (\l d t- ut F v9 !E€<o=@ G'F o oN o ovl tt o o- icrio=o c>>or!o(,qlr n o i3 do E =3 o F F tI;8<! N=- FE ?(J .T"'1 6 TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department July 25, 1994 A request for an amendment to Section 18.57 of the Town ot Vail Municipal Code, Employee Housing, to allow for common area to be used for employee housing. Applicant: Jay PetersonPlanner: Andy Knudtsen I. BACKGROUND ON THE REOUEST Jay Peterson, the developer ol 44 Willow Place, is proposing changes to the Zoning Code regarding employee housing units. When his poect was originally designed, he included three employee housing units. He had used all of the GRFA in the project for the three dwelling units and had proposed using common area for the employee housing units. At the time, the Code did not allow this to be done. The options Jay presented to the Planning and Environmental Commission (PEC) at the time of approval included: 'l . Delete the employee housing units and turn the area into common storage;2. Propose an SDD to allow the employee housing units; or,3. Propose a Code change to allow a certain percentage of allowed common area in a multi-family building to be used for employee housing units. The applicant and the PEC agreed that the third option was the best. At this time, Jay has pursued the third option and is proposing the language listed below. II. DESCRIPTION OF THE PROPOSED CODE CHANGES The proposed code changes are shown below in shade and everrtrike. 18.04.130 Floor area, gross residential (GRFA). Gross residential floor area (GRFA) means the iotal square footage of all levels of a building, as measured at the inside face of the exterior walls (i.e. not including funing, sheetrock, plaster and other similar wall finishes). GRFA shall include, but not be limited to, elevator shafts and stairyvells at each level, lofts, fireplaces, bay windows, mechanical chases, vents, and storage areas. Attics, crawl spaces and roofed or covered decks, porches, terraces or patios shall also be included in GRFA, unless they meet the provisions of subsections A. or B. below. A.within buildings containing two or fewer dwelling units, the following areas shall be excluded from calculation as GRFA: 1. Enclosed garages of up to three hundred square feet per vehicle space not exceeding a maximum of two spaces for each allowable dwelling unit permitted by the zoning code. 2. Attic space with a ceiling height of five feet or less, as measured from the top side of the structural members of the floor to the underside of the structural members of the roof directly above. Attic area created by construction ol a roof with truss-type members will be excluded from calculation as GFIFA provided the trusses are spaced no greater than thirty inches apart. 3. Crawl spaces accessible through an opening not grealer than twelve sguare feet in area, with Iive feet or less of ceiling height, as measured from the surface of the earth to the underside of structural floor members of the floor/ceiling assembly above. 4. Roofed or covered deck, porches, terraces, patios or similar features or spaces with no more than three exterior walls and a minimum opening of not less than tweng-five percent ol the lineal perimeter of the area of said deck, porch, terrace, patio, or similar feature orspace provided the opening is contiguous and fully open from floor to ceiling with an allowance for a railing of up to three feet in height. GRFA shall be calculated by measuring the total square footage of a building set forth in Section 18.04.130 above. Excluded areas as set forth in subsection A, shall then be deducted from total square footage. Within buildings containing more than two allowable dwellings or accommodation units, the following additional areas shall be excluded from calculation as GRFA: 1. Enclosed garages to accommodate on-site parking requirements. 2. All or part of the following spaces, provided such spaces are common spaces and that the total square footage of all the following spaces shall not exceed thirty{ive percent of the allowable GRFA permitted on the lot. a. Common hallways, stairways, elevator shafts and airlocks; b. Common lobby areas; c. Common enclosed recreation tacitities; d. Common heating, cooling or ventilation systems, solar rock storage areas, or other mechanical systems. Square iootage excluded from calculation as GRFA shall be the minimum square footage required to allow for the maintenance and operation of such mechanical svstems: B. e. Common closet and storage areas, providing access to such areas is from common hallways only; f. Meeting and convention facilities; S. Office space, provided such space is used exclusively for the management and operation of on-site facilities. h. Floor area to be used in a Type lll or a Type lV Employee Housing Unit (EHU) as defined and restricted by Chapter 18.57, provided said EHU floor area shall not exceed 600/o of the 35% common area allowance defined by Section 18.04.130b.2. above. Any square tootage for the Type lll or Type lV EHU's which exce€ds the 60010 maximum of allowed common area shall be included in the calculation of GRFA. Any square footage which exceeds the thirty-five percent maximum shall be included in the calculation of GRFA. 3. All or parl of an airlock within an accommodation or dwelling unit not exceeding a maximum of twenty-five square feet, providing such unit has direct access to the outdoors. 4. Overlapping stairways within an accommodation unit or dwelling unit shall only be counted at the lowest level. 5. Attic space with a ceiling height of live feet or less, as measured from the top side of the structural members of the floor to the underside of the structural members of the roof directly above. Attic areas created by construction of a roof with truss{ype members will be excluded from calculation as GRFA provided the trusses are spaced no greater than thirty inches apart. 6. Crawl spaces accessible through an opening not greater than twelve square feet in area, with five feet or less of ceiling height, as measured from the surface of the earth to the underside ol structural floor members of the floor/ceiling assembly above. 7. Rooled or covered decks, porches, lerraces, patios or similar features or spaces with no more lhan three exterior walls and a minimum opening of not less than twenty-five percent of the lineal perimeter of the area of said deck, porch, terrace, patio, or similar feature or space provided the opening is contiguous and fully open from floor to ceiling, with an allowance for a railing of up to three feet in height GRFA shall be calculated by measuring the total square footage of a building as set forth in Section 18.04.130 above. Excluded areas as set forth in subsection B. shall then be deducted from the total square footage. (Ord. 15 (1991)51: Ord.37 (1990)51:Ord.41 (1982) S 1A:Ord.37(1980)S 1(part).) o -EDITOR'S NOTE: The provisions of this section shall not be effective for any application for development which has been submitted to the department of community development, and accepted by the same, on or before July 1, 1991, unless agreed to by the applicant submitting the application before July 1, 1991. III. STAFF ANALYSIS Staff believes that the propbsed changes will be beneficial for providing employee housing. We believe that there are enough checks and balances within the Zoning Code that this section will not be used to generate excess mass and bulk or excess units on any particular site. The common area square footage is already allowed by the Code. This amendment adds one additional way in which common area may be used. The important points to understand include the following: 1. The common area can only be used for Type lll or Type lV employee housing units. Type lll and Type lV employee housing units are allowed only as conditional uses. They are allowed in the following zone districts: Residential Cluster, Low Density Multi-Family, Medium Density Multi-Family, High Density Multi-Family, Public Accommodation, Commercial Core l, Commercial Core ll, Commercial Core lll, Commercial Service Center, Arterial Business District, Public parking District, Public Use District and Ski Base Flecreation District. There is no net increase in floor area. The amendment allows for allowed common area to be used not only for standard common area uses (hallways, stairways, lobbies, etc.) but also broadens the use to include Type lll and Type lV units. The total allowed common area remains the same. Though the ordinance will allow the use of common area as GRFA, it does not altow any additional density for dwelling units on-site beyond what is allowed under the property's zoning. All other zoning standards will be in effect. Standards for height, site coverage, setbacks, parking, etc. could not be amended without a variance. More importantly, the applicant will have to provide all parking required for the units on-site. The concept of the proposed changes is one that staff believes is consistent with the Town's Employee Housing Ordinance, Land Use Plan, and with the Town's effort to add to the employee housing supply. Specifically, the following goals ot the Land Use Plan call for the additional supply of Employee Housing: "5.3 Aftordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 2. e 4. 6. 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." Determining the appropriate amount of common area that can be allocated lor employee housing has been difficult for staff to calculate. At this time, statf is recommending 60%. At the end of this memo, there is a chart showing what percentage ol floor area has been allocated to common area and what area could be used lor employee housing units for a variety of projects in the Town. Staff has shown each project under three different scenarios of comrhon area. We calculated the allowable square lootage of common area for employee housing units at 60%,50%, and 30%. Staff believes that the 60% works the best. We believe that it is important to retain some common area for typical common area uses, such as lobbies, hallways and front offices. However, we do not want to limit the amount of employee housing that could be located on- site as we are trying to encourage units and disperse employee housing throughout the community. Though the research staff has done does not clearly indicate that a certain percentage is better than others, we believe that 60% of allowed common area is a reasonable standard as it will allow flexibility, yet reserve some of the allocated common area for traditional common area purposes. Please see the chart at the end of the memo. Because the numbers can get confusing, staff has provided an example below to show how the proposed changes could be used in a hypothetical situation. Lot Size: Zone District: GRFA Allowed: Units Allowed: 1/2 acre o( 21 ,780 square feet Public Accommodation (21,780X.80) = 't7,424 square feet (.5 acre)(25 dwelling units/acre) = 12.5 dwelling units Common Area Allowed: (.35)(17,424) = 6,098.4 square feet Maximum Area Allowed to be used for EHU's: (6,098.4X.60) = 3,659 square feet Maximum Area Allowed to be used lor standard Common Area Uses: 6,098.4 - 3,659 = 2,439 square feet V. CHANGE TO GRFA DEFINITION One of the other changes that staft is proposing at this time that is unrelated to housing is to include the phrase "bay windows" in our definition of GRFA. We have counted all bay windows as GRFA since our delinition was changed in 1990. We would like to clarity the Code so that it references bay windows in the definition. We believe that it will help architects and developers as they prepare site plans to have the definition be more complete. There will be no chanoe in the way staff has been enforcing the Code. o vr. coNcLustoN Staff believes that the proposed changes add flexibility to the Zoning Code that will help provide additional employee housing. We believe that it is a reasonable amount ot flexibility as all other zoning standards will still be in effect and any proposal lor a Type lll or Type lV unit will be reviewed by the PEC as a condilional use. During the staff and PEC review of the Type lll or Type lV unit, stalf recommends that applicants be required to explain their current and future common area needs so that future common area variances are discouraged. Based on the proposed language and its compliance with Town ot Vail planning documents, staff recommends approval of the requested code changes. ci\pec\memos\ehujay.725 8 rr 3 -i E"! i I , gE F :$ Ee D 'c<lctE >tEarO-c) o N o q .' o N . q a ot at ..t ot -9icrE >!E B6 OJ 0' ((; No(', J ,+d <\J or_ (\l !o 'o<ctE >eE EE @ t-o (t \ .o c, q N d o o @ d ul ao cr-|', ci t-o c, F gE E6uJo at o! F q @ o e (., :€< c E5 i€!EIE o o() i* -|ft<g g @>q3s 6lo qisF. n) - a',, :j q:e ^\ i^(,i; <oo .? >QI'txi a, (\to 99 nto-I rl .l;>cga @-J6to ltGo !o '-9 .1 N t <\l @(it Ir (\l 6 F p9 i;E (\l o oN o-!, t! oI .L o- c|! c>aor!o '6 o = -pio r!oo5 3o ; o F F 3 -9 =8cf FG -(J I r i'-r . Peter Koliopoulos was directed by the PEC lo come back to another meeting with a better solution to the site issues other than to have buildings in the setbacks. 6. A request for an amendment to Section 18.57 of the Town of Vail Municipal Code, Employee Housing, to allow for common area lo be used for employee housing. Applicant: Jay Peterson Planner: Andy Knudtsen TABLED TO JULY 11,1994 Dalton made a motion to table this request until July 11, 1994. Jefl Bowen seconded the motion and a 5-0 vote tabled this item to the July 11, 1994 PEC meeting. 7. A request for a front setback and wall height variances to allow for additions to an existing Primary/Secondary residence located at 226 Forest Road/Lot 11-A, Block 7,Vail Village 1st Filing. Applicant: John KredietPlanner: Randy Stouder TABLED INDEFINITELY Dalton made a motion to table this request indefinitely. Jefl Bowen seconded the motion and a 5-0 vote tabled this item indefinitely. 8. Approve minutes lrom June 13, '1994 PEC meeting. Jeff Bowen made a motion lo approve the minutes from the June 13, 1994 PEC meeting with Bill Anderson seconding the motion. A 5-0 vote approved the minutes from the June 13, 1994 PEC meeting. 9. Jefl Bowen gave a presentation on a wetlands conference he recently attended. Jeff stated that both the science and law of wetlands are extremely broad. There are three key words relating to wetlands; hydrophilic vegetation, hydrant soils, and hydrology. Riparian areas are not specifically covered as wetlands, nor are banks of a stream necessarily covered as wetlands. Laws relating to wetlands are considerable. The Clean Water Act (404 permit) is implemented by the Corp of Engineers and can be overridden by EPA. The Colorado Health Department is interested in the type of pollution a development might create with wetlands. Crested Butte and Telluride have implemented a process regarding wetlands. lf one half ol a property is in a wetlands you can lransfer development rights from this property to another property through a conservation easement. Kristan Pritz asked if the development rights are transferable to any specific area. Bill Anderson asked what agency is the "bottom line" on what is a wetland? Planning and Environmental Commission June 27. 1994 Berrnv, Ilannnc & Prtpnsonv A PRoFESsIoNel ConPonanroN ATToRNEYSATLAw LINCOLN CENTER 1660 LINCOIN STREET, SUITE 3176 DENVER, COLORADO 80284 TELEPHONE (303) 83?.1660 FACSIMILE (SO8) 83?.0097 TO3 FROtt! DATE: RE3 VAIL NATIONAL BANK BLDC. rOS SOUTH FRONTAGE ROAD WEST, SUITE VAIL, COLORADO 81657 TELEPHONE (303) {?6-0092 FACSIMILE $OA' 175 -0487 UE}IORANDUIiI ANDY KNUDTSEN, TOWN OF VAIL JAY K. PETERSON (FAX NO. 479-0467) JUNE 27, L994 COMMON AREA AS EHU SQUARE FOOTAGE L{,^ I \AMEND l-8.04.1-30 B to add: €t-cx ote" tt vt '^n' J ;n 8. Type III or Iv EHU as l-8.57, provided such square footage allowed / . 1^-> iy'.u^:s Z y/\a'- "r /r,;/ Any square footage which exceeds the 60* -maxirnumincluded in the calculation of GRFA. (square allowed under this section shall be included calculations ^of common spaces allowed under l-8 B.2. above. ) ? k "**"" t'r/^ definqldnd restricted bY Chapterof the above. wiII be footagein the .04.1_30 EHU-dhaII not exceed 608 Section 18.04.130 B.2. ----_--...F.--. : r'-*"* .- ( t'I 7 5 nLlv /fl| '< v,a./" P'( tA1t( t' o ta i I' TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department @ J,-q -LE,t4qA A request for an amendment to Section 18.57 of the Town of Vail Municipal Code, Employee Housing, to allow lor common area to be used for employee housing. Applicant: Jay Peterson Planner: Andy Knudtsen I. DESCRIPTION OF THE REQUEST Jay Peterson, the developer ol 44 Willow Place, is proposing changes to the Zoning Code regarding employee housing units. When his project was designed rt'+FTVih'Erftaee, he included three employee housing units. He had used all of the GRFA in the project for the three dwelling units and had proposed using common area for the employee housing units. r .\, 4The Code did not allow this to be done.s- ( .\lrt " 1 The options Jay presented tg the Planning and Environmental Commission (PEC) at the time' Fv" t of approval wersta ,tt ln^ )t ) D' lr I t)'*-1. - D€b+dthe employee housing units and turn the area into common storage; ^ .,rx 2. -Prcp€ee an SDD to allow the employee housing units; or, )n{'' u 3. -.eropese a Code change to allow common area in a multi-family building to bet used lor employee housing units. ''n7'i^ F ?'"t The applicant and the PEc atffii*ffif4mfal agreed that the third option was the best./ At this time, Jay has pursued the third option and is proposing the language listed below. II. PROPOSED CODE CHANGES The proposed code changes are shown below in shade and sverstriks. 18.04.130 Floor area, gross residential (GRFA). Gross residential floor area (GRFA) means the total square footage ol all levels of a building, as measured at the inside lace of the exterior walls (i.e. not including furring, sheetrock, plaster and other similar wall finishes). GRFA shall include, but not be limited to, elevator shafts and stainvells at each level, lofts, fireplaces, mechanical chases, vents, ancl storage areas. Attics, crawl spaces and roofed or covered decks, porches, terraces or patios shall also be included in GRFA, unless they meet the provisions ol subsections A. or B. below. JfrY A.Within buildings containing two or fewer dwelling units, the following areas shall be excluded from calculation as GRFA: 1. Enclosed garages of up to three hundred square feet per vehicle space not exceeding a maximum of two spaces for each allowable dwelling unit permitted by the zoning code. 2. Attic space with a ceiling height ol five feet or less, as measured from the top side of the structural members of the floor to the underside of the structural members of the roof directly above. Attic area created by construction of a roof with truss-type members will be excluded from calculation as GRFA provided the trusses are spaced no greater than thirty inches apart. 3. Crawl spaces accessible through an opening not greater than Wdve square leet in area, with five feet or less of ceiling height, as measured from the surface of the earth to the underside of structural floor members of the floor/ceiling assembly above. 4. Roofed or covered deck, porches, terraces, patios or similar features or spaces with no more than three exterior walls and a minimum opening of not less than twenty-five percent of the lineal perimeter ol the area of said deck, porch, terrace, patio, or similar feature or space provided the opening is contiguous and fully open from floor to ceiling with an allowance for a railing of up to three feet in height. GRFA shall be calculated by measuring the total square footage of a building set forth in Section 18.04.130 above. Excluded areas as setforth in subsection A, shall then be deducted from totial square footage. Within buildings containing more than two allowable dwellings or accommodation units, the following additional areas shall be excluded from calculation as GRFA: 1. Enclosed garages to accommodate on-site parking requirements. 2. All or part of the following spaces, provided such spaces are common spaces and that the total square footage of all the tollowing spaces shall not exceed thirty{ive percent of the allowable GRFA permitted on the lot. a. Common hallways, stairways, elevator shafts and airlocks; b. Common lobby areas; c. Common enclosed recreation facilities; d. Common heating, cooling or ventilation systems, solar rock storage areas, or other mechanical systems. Square footage excluded from calculation as GRFA shall be the minimum square footage required to allow for the maintenance and operation of such mechanical systems; B. e. Common closet and storage areas, providing access to such areas is from common hallways only; f. Meeting and convention facilities; g. Office space, provided such space is used exclusively for the ./----.--.- manaoement and oDeration of on-site facilities.(t^.) fffiTf\-Afit squaie-tdiDE@frtich exceeds the thirty-five percent maximum will be included in the calculation of GRFA. 3. All or part of an airlock within an accommodation or dwelling unit not exceeding a maximum of twenty{ive square leet, providing such unit has direct access to the outdoors. 4. Overlapping stairways within an accommodation unit or dwelling unit shall only be counted at the lowest level. 5. Attic space with a ceiling height of five feet or less, as measured from the top side of the structural members of the floor to the underside of the structural members of the roof directly above. Attic areas created by construction of a roof with truss-type members will be excluded from calculation as GRFA provided the trusses are spaced no grealer than thirty inches apart. 6. Crawl spaces accessible through an opening not greater than twelve square feet in area, with five feet or less ol ceiling height, as measured lrom the surface of the earth to the underside of structural floor members of the floor/ceiling assembly above. 7. Roofed or covered decks, porches, terraces, patios or similar features or spaces with no more than lhree exterior walls and a minimum opening of not less than twenty-five percent of the lineal perimeter of the area of said deck, porch, terrace, patio, or similar fealure or space provided the opening is contiguous and fully open from floor to ceiling, with an allowance for a railing of Zr,t\ up to three feet in height. KY GRFA shall be calculated by measuring the total square footage ol a building as set forth in Section 18.04.130 above. Excluded areas as set forth in subsection B. shall then be deducted from the total square footage. (Ord, 15 (1991) 51: Ord.37 (1990)51: Ord.41 (1982)S 1A: Ord.37(1980) S 1(part).) -EDITOR'S NOTE: The provisions of this section shall not be effective for any application for development which has been submitted to the department of community development, and accepted by the same, on or before July 1, 1991, unless agreed to by the applicant submitting the application belore July 1, 1991. III. STAFF ANALYSIS Staff believes that the proposed changes will be benelicial for providing employee housing. We believe that there are enough checks and balances within the Zoning Code that this section will not be used to generate excess mass and bulk or excess units on any particular site. The important points to understand include the following: 1. The common area can only be used for Type lll or Type lV employee housing units. 2. These types of employee housing units are allowed only as conditional uses. They are allowed in the following zone districts: Residential Cluster, Low Density Multi-Family, Medium Density Multi-Family, High Density Multi-Family, Public Accommodation, Commercial Core l, Commercial Core ll, Commercial Gore lll, Gommercial Service Genter, Arterial Business District, Public Parking District, Public Use District and Ski Base Recreation District. Andfrdet bb- Though the ordinance will allow the use of common area as GRFA, it does not allow any additional density for dwelling units on-site. All other zoning standards will be in effecl. Standards tor height, site coverage, setbacks, etc. could not be amended without a variance. More importantly' the 3. 4. plicant will have to provide all parking required for the units on-site. rf-tofrausroN Staff believes that the proposed changes add flexibilig to the Zoning Code that will help provide additional employee housing. We believe that it is a reasonable amount of flexibility as all other zoning standards will still be in elfect and any proposal for this will be reviewed as a conditional use. Based on the proposed language, staff recommends approval of the requested code changes. c:\pecvnemc\6hujay.523 6. A request for a conditional use permit for a Type ll Employee Housing Unit to be located at 126 Forest RoadiLot 5, Block 7, VailVillage 1st Filing. Applicant: Ron Byrne Planner: Jim Curnutte TABLED TO MAY 23, 1994 Jeff Bowen made a motion to table this item to the May 23, 1994 PEC meeting with Dalton Williams seconding the motion. A 6-0 vote tabled this item to May 23, 1994. 7. A request for a worksession to discuss revisions to the Zoning Code to allow for common area to be used lor employee housing. Applicant: Jay Peterson Planner: Andy Knudtsen TABLED TO MAY 23, 1994 Jeff Bowen made a motion to table this item to the May 23, 1994 PEC meeting with Dalton Williams seconding the motion. A 6-0 vote tabled this item to May 23, 1994. 8. A request for variances for locating GRFA in the front setback and for a wall height variance to allow for a primary residence with a Type I EHU, to be constructed at 1828 Alpine Drive/Lot 16, VailVillage West 1st Filing. Applicant: Peter and Susanne Apostol/Michael Sanner Planner: Mike Mollica TABLED TO JUNE 27,1994 Jeff Bowen made a motion to table this item to the June 27,1994 PEC meeting with Dafton Williams seconding the motion. A 6-0 vote tabled this item to June 27, 1994. 9. A request for a variance to allow for GRFA and a garage to be located in the front setback and a wall height variance to allow lor a Primary residence with a Type I Employee Housing Unit to be constructed at 1799 Sierra Trail/Lot 17, VailVillage West 1st Filing. Applicant: George Plavec, represented by Erich Hill Planner: M|KE MOII|CA TABLED INDEFINITELY Jeff Bowen made a motion to table this item indefinitely with Dalton Williams seconding the motion. A 6-0 vote tabled this item indefinitely. 10. A request for a worksession for a major amendment to the Glen Lyon SDD lo allow for a revision to the master plan to allow lor the expansion of the Glen Lyon Office Building located at 1000 South Frontage Road WesVArea D, Glen Lyon SDD. Applicant: Pierce, Segerberg and Associates Planner: Andy Knudtsen TABLED INDEFINITELY Plenning 8nd Environmonrel Commission Mindes May 9, 1994 8. 7. A request for an amendment to Section 'l 8.57 of the Town of Vail Municipal Code, Employee Housing, to allow for common area to be used for employee housing. Applicant: Jay Peterson Planner: Andy Knudtsen TABLED TO JUNE 13, 1994 Jetf Bowen made a motion to table this request to the June |3, 1994 PEC meeting with Dalton Williams seconding the motion. A 7-0 vote tabled this item to the June 13, 1994 PEC Meeting. A request for variances for locating GRFA in the front setback and for a wall height variance to allow for a primary residence with a Type I EHU, to be constructed at 1828 Alpine Drive/Lot 16, Vail Village West 1st Filing. Applicant: Peter and Susanne Apostol/Michael Sanner Planner: Mike Mollica TABLED TO JUNE 27,1994 Je{f Bowen made a motion to table this request to the June 27,1994 PEC meeting with Dalton Williams seconding the motion. A 7-0 vote tabled this ilem to the June 27, 1994 PEC Meeting. A request for a variance from Section 18.57.040 (8,6) requiring a minimum of 50% of the required parking to be enclosed and Section 18.52.080(A) requiring parking to be located on-site to allow for an existing secondary dwelling unit to be deed restricted as a Type I Employee Housing Unit, located at 2635 Larkspur/Lot 2, Block 2, Vail Intermountain. Applicant: Greg Amsden Planner: Mike Mollica TABLED INDEFINITELY Jeff Bowen made a molion to table this request indefinitely with Dalton Williams seconding the motion. A 7-0 vote tabled this item indefinitely. 10. A request for a conditional use permit for a Type ll Employee Housing Unit to be located at 126 Forest Road/Lot 5, Block 7, Vail Village 1st Filing. Applicant: Ron Byrne Planner: Jim Curnutte TABLED INDEFINITELY Jeff Bowen made a motion lo table this request indefinitely with Dalton Williams seconding the motion. A 7-0 vote tabled this item indefinitely. Plannlng !nd Envlronment!l Commlt!lon Mry 23, 1990 F ['r- [ f;0Pld 10. L A request for an amendment to Employee Housing, to allow for common area to used for employee housing. Applicant: Jay Peterson Planner: Andy Knudtsen TABLED TO JUNE 27,1994 Jelf Bowen made a motion to table this request until June 27,1994. Dalton Williams seconded the motion and a 7-0 vote tabled this item to the June 27, 1994 PEC meeting. A request for a front setback and wall height variances to allow for additions to an existing Primary/Secondary residence located at 226 Forest Boad/Lot 1 1-A, Block 7, Vail Village 1st Filing. Applicant: John Krediet Planner: Randy Stouder TABLED TO JUNE 27,1994 Jelf Bowen made a motion to table this request untilJune 27,1994. Dalton Williams seconded the motion and a 7-0 vote tabled this item to the June 27, 1994 PEC meeting. Selection of Chairperson and Vice Chairperson for the PEC. Bob Armour nominated Kathy Langenwalter to be selected as Chairperson. Dalton Williams seconded this nomination. A 7-0 vote selected Kathy Langenwalter as the PEC Chairperson. Bill Anderson nominated Greg Amsden to be selected as Chairperson. Jetf Bowen seconded this nomination. A 7-0 vote selected Greg Amsden as the PEC Vice Chairperson. Approve minutes from May 23, 1994 PEG meeting. Jeff Bowen made a motion to approve the minutes from the May 23, 1994 PEC meeting with Bill Anderson seconding the motion. A 7-0 vote approved the minutes irom the May 23, 1994 PEC meeting. Plmnhg rnd Envlronmontsl Commildon June t3,1994 11. 12. 11 ORDINANCE NO. 14, Series ol 1994 AN ORDINANCE AMENDING CHAPTER 18.57, EMPLOYEE HOUSING, AND SETTING FORTH DETAILS IN REGABD THERETO. WHEBEAS, THE TOWN OF VAIL'S ECONOMY IS LARGELY TOUBIST BASED AND THE HEALTH OF THIS ECONOMY IS BASED ON EXEMPLARY SERVICE FOR VAIL'S GUESTS, AND; WHEREAS, VAIL'S ABILITY TO PROVIDE SUCH SEHVICESDEPENDENT UPON A STRONG, HIGH OUALIW AND CONSISTENTLY AVAILABLE WORK FORCE. ANO: WHEREAS. THE AVAILABILTY OF HOUSING PLAYS A CRITICAL ROLE IN TING OUALITY LIVING AND WORKING CONDITIONS FOR THE COMMUNIW'S FORCE. AND: WI-IIREAS, THE TOWN COUNCIL BELIEVES THAT THE FOLLOWING WILL MAKE THE EXISTING EMPLOYEE HOUSING ORDINANCE MORE WHEREAS, IN ACCORDANCE WITH SECTION 18,66.140. THE PLANNING ANO ENVIRONMENTAL COMMISSION HAD A PUBLIC HEARING ON THE PBOPOSED ZONING AMENDMENT AND HAS SUBMITTED ITS RECOMMENDATION TO THE TOWN COUNCIL. , THEREFORE. BE IT OBDAINEO BY THE TOWN COUNCIL OF THE TOWN ADO THAT: Sectio-n 1 1,f{ b 195L20 - Emoloyee housinq units (EHU) qeneratty. A. A chart(2) anached to this chapter and incorporaled herein by reterence illustrates lhe requirements lor each type of EHU. B. No employee housing unit which is constructed in accordance with this chapler shall be subdivided or divided into any form of lime shares, interval ownerships, or traclional fee. C. All types of EHU'S fnay shall be leased, b{rl+f,ly to tenants who are full-time employees who work in Eagle County. An EHU shall not be leased lor a period less than lhirty consecutive days. For the purposes of this section, a tull.time employee is one who works an average €+€+ FiFnu+R of lhirty hours each week. 1. A Type I EHU may be sold, lranslened, or conveyed separatety trom any single-farnily or two{amily dwelling it may be a part ol so long as it meets lhe conditions set forth in Section 18.57.040 8, 5 of this chaptef. 2. A Type ll EHU shall.not be sold, lransterred or conveyed separately trom lhe single-family or two{amily dwelling is located within or attached to. 3. A Typ€ lll EHU may bE sold, lransferred, or conveyed separalely from other dwelling units or employee housing unitg lhat may bs located on the. same lot or within the same building in which lhe Type lll EHU is located so lono as it meels the conclition set torlh in Section 18.57.060 B, 11 of this chapter. ' 4. A Type lV EHU sha.ll not be sold, tr?sfened, or conveyed separately t lrom other dwelling units or employee housir! units lhat may be localed on the shall submit two copies of a report on a lorm to Development Depanment, to rne Comm#fi f DeDartment ol the Town ol +r. .i lr Vail and Chairman ot the Town of Vail frotllng eurno1ry F. No property conlaining an EHU shatt exceed lfe GRFA oermitted in Title 1g excepl as provided in Sections 18.57.040 84. 18.57 85 or 18.57.080 83 of lhrs cha,oler. G. All trash lacilities shall be enclosed. H. All surtace parking shall be screened by landscaping or berms as per Design Review Guidelines, Section 18.54.050 D3. l. Any applicant who applies lor a condilional use permit lor the purpose of constructing employee housing, shall not be reguired to pay a conditional use p€rmit application fee. J. The provisions set lorth in Section 18.57.020, €€S€ecfiens+€rJ)r€€{r€ €hall be incorporaled into a written agreemenl in a form approved by the town attorney which shall run with the land and shall not be amended or terminated without the . written approval of lhe Town of Vail.. Said agreemenl shall be recorded at the county clerk and recorder otfice prior to the issuance ol a building permit tor the construction ol an EHU. K. Each EHU shall have its own enlrance. There shall be no inlerior access from any EHU to any dwelling unit it may be attached to. L. The owner ol each EHU shau rent he unit d a monlhly rental rate consistenl with or lower thsn those market rales preval€nl for similar prop€rties in fie Town of Vail. M. The Town ol Vail Housing Authority will delermine the market rate based on the study of olher units ol comparable siz€, location, quality and amenities lhroughout the Town. The market rale shall b€ based on an average ot a minimum of five rental rates of comparable units. It lhe unit is nol rent€d and is nol availabb at the market rate it shall be determined to b€ in noncompliance. ln addlfionr to any othar psnalties and restrictlons provlded hereln, a unlt ,ound lo be In noncompllanc€ shall be sublect to publication as determlned by lh6 Houslng Authorlty, Nolr: lh! grirvblonr ot thlr r.crtm rhdl nol ?pty |o ]ly .pp c|tron lo, .o EHU fhkh h.. b.dt .ubmht d to th! O.p.nD.it ol Conmudty O.vaaoprn nt, rtd..aapt.d by Ut r!nE. on of b.torc July 19, t99a, th. drtr ol tacond r.|dlng, Section 2 Section 18.57.050 Tyoe - Emplovee housino unit. A. Purpose. To allow lor lhe construclion of an EHU on lots in the single.family, two-lamily. and primary/secondary zone districts which meet the minimum lol size requirements lor said zone districls. B. General conditions: It shall be a conditional use in lhe single-lamity residential, two.lamity residential and primary/secondary residential zone districts. 2. lt shall be permitted only on lots which comply with the minimum lot size requirements for total lot arAa of lhe zone district in which the lot is located. 3. lt shall be located within, or attached to, a singl+{amily clwelling or be located within, or atlached to, a two{amily dwelling pursuanl lo Seclion 18.54.0401 - design guidelines duplex and primary/secondary development. ll may also be locaied in, or attached to, an existir€ garage provided the garage is not located within any setback, and lurther provided that no existing parking required by the Town ot Vail Municipal Code is reduced or eliminaled. 4. lt shall not be counted as a dwelling unit for the purposes of catcutating density. However, it shall contain kilchen facililies and a bathroom; as detined in Chapter 18.04 - Detinitions ol the Vail Municipal Code. lt shall be permitted to be a third dvelling unil in addition to the two dwelling unils which may already exist on lhe lol. Only one Type ll EHU shall be allowed per lol. 5. lt shall have a GRFA nol less han three hundred square teet, nor more lhan nine hundred square feet. An applicant, however, shall be permitted to apply lo the Community Development Department of lhe Town of Vail for additional GRFA not to exceed live hundred square feet to be used in the conslruclion of the EHU. The applicant shall submit an applicalion tor the acbitional GRFA on a torm provided by the Community Developmenl Department. Approval or denial ot the request shall be made by the Design Review Board in accordance wilh Section 18.54.040. lf an applicant obtains Oesign Review Board approvat lor live iundred .qrlr",i""t of additionat GRFA ---:d{.. tor the EHU. he.or she shall nol be entitled lo receive addjtional'GFFA pursuant to Chapter 18.71 - Additional Gross Residential Floor Area of this code for either unit on the lot. lf an applicanl obtains Design Review Board approval for not more than two hundred lifty square leel of additional GRFA lor the EHU, he or she shall be entitled to receive additional GRFA pursuant to Chapter 18.71 - Additional Gross Residential Floor Area ol this code lor one dwelling unit on the lot. 6. lt shall have nol mors than two bedrooms. 7. No more lhan two adults and one child not older than sineen years ol age shall reside in a one-bedroom Type ll EHU. No more than tvro adutts and tyvo children not older than sixteen years ot age shall reside in a two-bedroom Type II EHU. 8. Each Type ll EHU shall be required to have no less lhan one parking space lor each bedroom localed therein. Horvever, it a one bedroom Type lt EHU exceeds six hundred square leel, it shall have lwo parking spaces. All parking spaces required by this code shall be located on the same lot or site as lhe EHU. It no d\ relting exists upon the property whbh is proposed for a Type ll EHU at the lime a building permit is issued, or it an existing dwelling is to be demolished and replaced by a new ctwelling, nol less than one ot lhe parking spaces requked by this subsection shall be enclosed. A three hundred square leel GRFA credit shall be allowed lor the construction ol one enclosed parking space for the Type ll EHU. Section 3 lf any parl, section, subsectionr sontence, clausB or phrase ol this ordinance is for any rsason h€ld lo be invalid. such decision shall not €lfoct th€ validity ol he remaining portions ol this ordinance; and the Town council hereby d€clares il would havE passed this ordinance, and each parl, section, subseclion, sentonce, clause or phrase lher6ot, regardless of the tacl thal any one or more parts, sections, subseclions, senlences, clauses or phrases be declared invalid. Section 4 The Town Council hereby linds, determines and declares that this ordinance is necessary and proper lor the heatth, satety and weltare of the Town of Vail and the inhabitanls thereof. Section 5 The repeal or the repear and reenaclmenl of any provision of the vail Municipal code as provided in this ordinance shall not aflect any right which has accrued, any duty imposed. any violalion that occurred pfior to the efiective date hereol, any prosecution commenced, nor any other action or proceeding as commenced under of by virtue of the provision repealecl or repealed and reenactect. The repeal ol any provision hereby shall not revivg any provision or any ordinance previously repealed or superseded unless expressly stated herein. Seclion 6 All bylaws, orders, resolutions and ordinances, or parls thereol inconsislenl herewith are repealed to lhe extent only of such inconsistency. This repealer shall not be construed lo revise any bylaw, order, resolution or ordinance, or part thereof, lheretotore repealed- INTRODUCED, READ ON FIRST READING, APPROVED ANO ORDERED PUBLISHED ONCE lN FULL, this _ day of .. . 1994. A pubtic hearing shail be held hereon on lhe _ day ol ____- 1994, at the regular meeting ot.the Town Council of lhe Town ot Vail, Colorado, in the Municipal Building ol the Town. Margarel A. Oslerloss, Mayor ATTEST: Holly McCutcheon, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this _ day of - 1994. Margarel A. Ostedoss, Mayor ATTEST: Hollv Mccutcheon. Town Clerk E o o) o o o.) o) o UI =tto o o roolrf oc, o !! -* o 5'i; Et4 56 5 6(a =E56 loc{ *Fr .d) EH9* ts e+r{) o- >FU6(!o >F66(!0 (',6 FO o .Yti Y^ .,,'r 88 tF (arJ) Q) 0). !lE o -60xlt=:f fu-IL c oo :<o tL i*s e z cgP =:t-c(5() otN z ic 5e z (\l (\l z z .)AE o'--PE (to o uJ UJ oul A .,):occo>oC'o- 666 ! e() - !t 't3,E6;iE z o z z oLl z z o) vl o<E tE iiorc FEg =GO v, ro c\l (\l 5& 6L.i E 8.9 (') (Y)o o gap cG oll1 FP ===e..g |r, =E z z F-- N (J =5_eil E',€ r 6r2=No< a E u- o!F 3>tr> xi: a! >xt!3 o*L 9 .6 F :-F e"u5 K ,'_B ==6X-+=e;b fiEHEF t-H eFEfis f=HgH =".F -9 th =ot -a, u,t F F o F F o F F ,o 9(J9o'oo F. d u) F. u? o(Dg r.-rt) (r; a: t\F.|r) JJ E 1r,lztua ? ul oEzf o =oJo lrJ uJ oJ =lJ.l ra c>o|ot.L| qt .z o Fo u.lo TO: FFOM: DATE: SUBJECT: MEMOBANDUM Planning and Environmenlal Commission Community Development Department June 13. 1994 A request for amendments to Section 18.57, Employee forth requirements for renting Employee Housing Units details in regard thereto. Housing, to set and setting lorth Applicant: Planner: Town of Vail Andy Knudtsen I. DESCBIPTION OF THE REOUEST In conversations with Town Council and Housing Authority recenlly, Town slafi determined lhat there were a few minor changes thal could be made lo lhe employee housing ordinance lo make il more effective. These include requiring that all employee housing uniti shall be rented and requiring that the rental rate be comparable to the market rate. The proposed lext below has been changed as discussed in the worksession with the planning and Environmental Commission (PEC) on May 16, 1994. There is also a clarification in the codepertaining to Type ll EHU's, which has also been included. II. PROPOSED CODE CHANGES Below is one seclion from lhe ordinance showing the proposed changes. The new text is shown in shade. The text that is proposed to be deleted is shown in everr€g.il€i. 18.57.020 Employee housing units (EHU) generaily. A. A chart(2) attached to this chapter and incorporaled herein by relerence illustrates the requirements lor each type of EHU. B' No employee housing unit which is constructed in accordance with this chapter shall. be subdivided or divided inlo any form ol time shares, interval ownerships, or fractional fee. c. All types of EHU's may shall be teasesbu{+ty to tenants who are full-time employees who work in Eagle County. An EHU shall not be leased for a period less than thirty conseculive days. For the purposes of this section, a full-time employee is one who works an average of thirty hours each week. 1. A Type I EHU may be sold, transfered, or conveyed separately from any single-family or two{amily dwelling it may be a part of so long as it meets the conditions set forth in Section 18.57.040 B, 5 of this chapter. 2. A Type ll EHU shall not be sold, transferred or conveyed separately from the single-family or two{amily dwelling is located within or attached to. 3. A Type lll EHU may be sold, transferred, or conveyed separately from other dwelling units or employee housing units that may be located on the same lot or within the same building in which the Type lll EHU is located so long as it . meets the condition set forth in Section 18.57.060 B, 11 of this chapter. 4. A Type lV EHU shall not be sold, transfened, or conveyed separately from other dwelling unils or employee housing units that may be located on thei same lot or within the same building in which the Type lV EHU is located. : , - 5. A Type V EHU shall not be sold, transferred or conveyed separately from the single-family dwelling it may be located within or attached to. D. Reserved. - E. No later than FebruarI ol each year, the owner of each employee housing unit within the lown which is constructed following the etfective date of this chapter shall submit two copies of a report on a form to be obtained from the Community Development Department, to the Community Development Department of the Town of Vail and Chairman of the Town of Vail Housing Authority setting forth evidence establishing that the employee housing unit has been rented throughout lhe year, the rental rate, and that each tenant who resides within {heii: the employeee housing unit is a lull-time employee of Eagle County. F. No property containing an EHU shall exceed lhe maximum GRFA permitted in Title 18 except as provided in Sections 18.57,040 84, 18.57.050 85 or 18.57.080 83 of this chapter. G. All trash facilities shall be enclosed. H. All surface parking shall be screened by landscaping or berms as per Design Review Guidelines, Section 18.54.050 D3. L Any applicant who applies for a conditional use permit for the purpose of constructing employee housing, shall not be required to pay a conditional use permit application fee. The provisions set forth in Section 18.57.020, subsections B, C, D, and E shall be incorporated into a wrinen agreement in a form approved by the town attorney which shall run with the land and shall not be amended or terminaled without the written approval of the Town of Vail. said agreement shall be recordedat the county clerk and recorder oflice prior to the issuance of a building permit for the construction of an EHU. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit it may be attached to. M. The Town of Vail Housing Authority witl determine the market rate based on the study of other units ol comparable size, location, guality and arnenities throughout the Town. The market rate shall be based on an average oi a minimum ol five rental rates of comparable units. lf the unit is not rented and is not available at the market rate it shall be determined to be in noncompliance (Ord.27 (1992) SS 1-3:Ord. 8 (1992) S 4(part).) III. CLARIF]CATION FOF TYPE II EHU'S Section 18.57.050 Type ll - Employee housing unit. A. Purpose. To allow for the construction of an EHU on lots in the single-lamily, two- family, and primary/secondary zone districts which meet the minimum lol size requirements for said zone districls. B. General conditions: It shall be a conditional use in the single{amily residenlial, two-family residential and primary/secondary residential zone districts. It shall be permilted only on lots which comply with the minimum lot size requirements for total lot area of the zone district in which the lot is located. It shall be located within. or attached to, a single-family dwelling or be located within, or attached to, a two-lamily dwelling pursuant to section 19.54.0401 - design guidelines duplex and primary/secondary development. lt may also be localed in, or attached to, an existing garage provided the garage is not located within any setback, and further providecrlhat no existing parking required by the Town of Vail Municipal Code is reduced or eliminated. J. K. L. 't. 2. It shall not be counted as a dwelling unit lor the purposes of calculating density. However, it shall contain kitchen lacililies and a bathroom; as delined in Chapter 18.04 - Definitions ol the Vail MunicipalCode. lt shallbe permitted to be a thirddwelling unit in addition lo the two dwelling unils which may already exist on the lot. Only one Type ll EHU shall be allowed per lot. It shall have a GRFA not less than three hundred square feet, nor more than nine hundred squale feet. An applicant, however, shall be permitted to apply to the Community Development Department of the.Town of Vail for additional GRFA not to exceed Jive hundred square feet to be used in the construction ot the EHU. The applicant shall submit an application for the additional GRFA on a form provided by the Community Development Department. Approval or denial of the request shall be made by lhe Design Fleview Board in accordance with Section 18.54.040. lf an applicanl oblains Design Review Board approval lor five hundred square feet of additional GRFA for the EHU, he or she shall not be entitled to receive additional GRFA pursuant to Chapter 18.71 - Additional Gross Residential Floor Area of this code for either unit on the lot. lf an applicant obtains Design Review Board approval for not more lhan two hundred fifty square feet of additional GRFA for the EHU, he or she-shall be enlitled to receive additional GRFA pursuant lo Chapter 18.71-- Additional Gross Residential Floor Area o{ this code for one dwelling unit on the lot. It shall have not more than two bedrooms. 7, Ne mere lhan twe adCts and ene ehild net elder tha+€ixteen years ef age shall reside in a ene bedreem Type ll EHU, lle mere than twe adslls anC t\ye Jl.€t++ 8. Each Type ll EHU shall be required lo have no less lhan one parking space for each bedroom located therein. However, il a one bedroom Type ll EHU exceeds six hundred square leet, it shall have two parking spaces. All parking spaces required by lhis code shall be located on the same lot or sile as the EHU. lf no dwelling exisls upon the property which is proposed for a Type ll EHU at the time a building permit is issued, or if an existing dwelling is to be demolished and replaced by a new dwelling, not less than one of the parking spaces required by lhis subsection shall be enclosed. A three hundred square feel GRFA credit shall be allowed lor the conslruction of one enclosed parking space for the Type ll EHU. (Ord. 8(1992) S 4(part).) ]V. STAFF RECOMMENDATION Staff believes the proposed changes will make the Employee Housing Ordinance more elfective. Because an effeclive ordinance will help the Town meet its Municipat Objectives, stalt recommends approval. c:'oec \rnemos\ehu.6l 3 , FIL T COF'f Bob Armour made a motion to approve this request for a conditional use permit to allow for an employee housing unit per the statt memo with Jeff Bowen seconding lhis motion. A 7-0 vote approved this.item. 6. A request for an amendment lo Section 18.40, Speciat Development Districls, to eliminate lhe use of the SDD in certain zone districts. Applicant: Town of VailPlanner: Mike.Mollica Mike Mollica briefly reviewed the request and stated that he could answer any questions the PEC had concerning the proposed amendments. Bob Armour made a motion to approve the requested amendment to Section 18.40, Special Development Districls per the staff memo wilh Jefl Bowen seconding this motion. " Tom Braun staled that he did not understand whal was being gained as a resull ol the proposed amendment lo Section 18.40. He felt that keeping the SDD as an option in the zone dislricts is beneficial. Mike Mollica stated lhat slaff would most likely perform an overhaul on the entire section of the SDD code during the next six lo nine months. Dalton Williams stated lhat he agreed with Tom's comment but he feels that the amendment was the right thing to do. Jeff Bowen seconded the motion and a 7-0 vote approved lhis item. 7. A request for amendments to section 18.s7, Employee Housing, to set forth requirements for renting Emplo!'ee Housing Units and sening fohn details in regard thereto. Applicanl: Town of VailPlanner: Andy Knudtsen/Kristan pritz Kristan Pritz made a presentation per the slaff memo. Concerning llem M, Kalhy Langenwaller suggested that the last sentence should read"wilhin a market rate". Jeff Bowen stated that he lelt the word "minimuin" should be removed from ltem C in the last senlence. Tom Braun stated that he would like to see ltem g on page 4 either eliminated or modified so that the parking was not required lo be located on-site for an existing nonconforming unit. Ptrnning md Environrn nt l Canrnir.ign Junr t!,100,1 Concerning ltem E, Dalton Williams stated that he would like to see the last senlence in this item eliminated. He felt the wording was loo strong. He said that he would like . the last senlence of ltem M reworded to: "lf the unit is not rented and is not available at the markel rate, then it shall be'delermined to be in noncompliance." Jeff Bowen stated that he still had a problem wilh ltem 7 on Page 4. He stated lhat the maximum age of the child should be lowered and questioned why lhis paragraph was necessary. Kathy Langenwalter asked what the purpose of ltem 7 was. Kristan PriE staled it was added by the Council during the review of the original ordinance to address occupancy and the issue ol occupants having children. The PEC reached a consensus thal ltem 7 on Page 4 should be deleted. r. Kathy Langenwaller relerred the PEC back to the last senlence in llem E on Page 2 of the statf memo. She felt this senlence was a compromise lo let people know what the requiremenl was. - : Krislan Pritz stated lhat the last senlence of ltem E would be incorporated into the preceding sentence as: "... that the employee housing unit has been renled. throughout the year, the rental rate, and that each lenant who resides wilhin the empioyee housing unit is a lull-time employee of Eagle County.' Kathy Langenwalter reviewed the proposed changes wilh the PEC and staff. Jeff Bowen made a motion to approve the proposal with the recommended changes: ll(C) "an average of 30 hours each week.'/ll(E) Remove the last sentence and add, 'the rental rate, and that each "/lenant.,." ll(M) "lf the unit is not rented and is not available at the markelrale.' ./ lll(7) Remove lhis paragraph../ Greg Amsden seconding the motion. A 7-0 vote approved this item. 8. A request for a conditional use permil to allow for a Type ll Employee Housing Unit localed at 4030 Norlh Frontage Road East, #D/Lot 28, Pitkin Creek Mountain Townhomes. Applicant: Andrew M. Knudtsen Planner: Jim curnutte TABLED TO JUNE 27,1994 Jelf Bowen made a motion 10 lable this request until June 27,1994. Dallon Williams seconded the motion and a 7-0 vote tabled this ilem lo the June 27, 1994 PEC meeting. Pltnning .nd EnviroDrnont l Comrni!.ion JuD. 13. l9ea 10 irc,oAIAr^h r I Y."^:,''i",*,)*"*J,r *B$,:]:,=,UB;'^' Len6h ttt L,. J,,.J i..t-,* Lp.--< 5. |dl ,Ol4 AN oRDTNANcE AMENDTNG cHAprER 18.57, EMplotaa "ous][c, nno-serrinct + Lr.* . r." L: ( j FORTH DETAILS lN REGARD THERETO. WHEREAS, THE TOWN OF VAIL'S ECONOMY IS LARGELY TOURIST BASED AND THE HEALTH OF THIS ECONOMY IS BASED ON EXEMPLARY SERVICE FOR VAIL'S GUESTS. AND: WHEREAS, VAIL'S ABILITY TO PROVIDE SUCH SERVICES DEPENDENT UPON A STRONG, HIGH QUALITY AND CONSISTENTLY AVAILABLE WORK FORCE, AND; WHEREAS, THE AVAILABILITY OF HOUSING PLAYS A CRITICAL ROLE IN CREATING QUALIry LIVING AND WORKING CONDITIONS FOR THE COMMUNITY'S WORK FORCE. AND: WHEREAS, THE TOWN COUNCIL BELIEVES THAT THE FOLLOWING AMENDMENTS WILL MAKE THE EXISTING EMPLOYEE HOUSING ORDINANCE MORE EFFECTIVE, AND; WHEREAS, IN ACCORDANCE WITH SECTION 18.66.140, THE PLANNING AND ENVIRONMENTAL COMMISSION HAD A PUBLIC HEARING ON THE PROPOSED ZONING AMENDMENT AND HAS SUBMITTED ITS RECOMMENDATION TO THE TOWN COUNCIL. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL. COLORADO THAT: Section 1 Section 18.57.020 - Emplovee housinq units (EHU) qenerallv. A. A chart(2) attached to this chapter and incorporated herein by reference illustrates the requirements for each type of EHU. B. No employee housing unit which is constructed in accordance with this chapter shall be subdivided or divided into any form of time shares, interval ownerships, or fractional fee. C. All types of EHU's may shalf be leased, bu+€f,ly to tenants who are full{ime employees who work in Eagle County. An EHU shall not be leased for a period less than thirty consecutive days. For the purposes of this section, a full-time employee is one who works an average of thirty hours each week. 1. A Type I EHU may be sold, transferred, or conveyed separately from any single-family or two{amily dwelling it may be a part of so long as it meets the conditions set lorth in Section 18.57.040 B, 5 of this chapter. 2. A Type ll EHU shall not be sold, transterred or conveyed separately from the single-family or two{amily dwelling is located within or attached to. 3. A Type lll EHU may be sold, transferred, or conveyed separately from other dwelling units or employee housing units that may be located on the same lot or within the same building in which the Type lll EHU is located so long as it meets the condition set forth in Section 18.57.060 B, 11 of this chapter. 4. A Type lV EHU shall not be sold, transferred, or conveyed separately lrom other dwelling units or employee housing units that may be located on the same lot or within the same building in which the Type lV EHU is located. 5. A Type V EHU shall not be sold, transferred or conveyed separately from the single-family dwelling it may be located within or attached to. D. Reserved. E. No later than February 1 of each year, the owner of each employee housing unit within the town which is constructed following the effective date of this chapter shall submit two copies of a report on a form to be obtained from the Community Development Department, to the Community Development Department of the Town of Vail and Ghairman of the Town ol Vail Housing Authority setting forth evidence establishing that the 6rnpl0yoe housing unit ha$ been rented lhroUgh0ut th0 VFf,r, ttro rental tatg, the Gmployor, and that each tenant who resides within their the employees housing unit is a lull-time employee e+ in Eagle County. F. No property containing an EHU shall exceed the maximum GRFA permitted in Title 18 except as provided in Sections 18.57.040 84, 18.57.050 85 or 18.57.080 83 of this chapter. G. All trash lacilities shall be enclosed. H. All surface parking shall be screened by landscaping or berms as per Design Review Guidelines, Section 18.54.050 D3. l. Any applicant who applies lor a conditional use permii for the purpose of constructing employee housing, shall not be required to pay a conditional use permit application fee. J'Theprovisionssetfo(hinSection18.57.020'@ shall be incorporated into a written agreement in a form approved by the town attorney which shall run with the land and shall not be amended or terminated without the written approval of the Town ol Vail. Said agreement shall be recorded at the county clerk and recorder office prior to the issuance of a building permit for the construction of an EHU. K. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit it may be attached to. l-. The owner oJ each EH,U,:shall rent ihe:unit,::at a,mohthly,,rental iat6 con ist€nt with or lower than, those rnarket, rales pr€v€lenf for sirnilar:properties irl the,,,Towr,l of Vail. M. TherTown,o,f,Veil Housing Authority will deterrnine, the ntarkel ,rale based:on:,the study ol other units ol comparable size, location, quality and amenities throughout the T.owni The,,rnarket rale,shall bE: based:oh an:,aveiag,E,0f:a:nrinim,um ol fiVeiiienlal!!]r,ates o-f, compalable unritsi:, lf::the ,unit :is:::rlol rented and is, not availaFle at,lhe, rnarkdJ, rate,,,it shall,,be dstsrmified t0 be in,noncompliance.,,,,,,!,n additlqn,,tg,,any:::othtEr nsnfiltiw,and ie$-trlallons,,provJded,llli€l9lni:,a,uhit iaUnd to,,,b6,In noncomplhnce shdll be sublec.t,: to, publ ication as determlned by, the! lJOUsin g, Aulhority. dllorPs Holpi Tho lfioIlg|on3rol 0ils secl|on,ghllti n0!:lpply, lo dtl trdl$it|qt torran:Eliu $ifsh hae blq! rubmlltodiito lh€ plparlmon! ot:q4!.rlmunlty roevirloFm+nlf aldigocppl€'d lns s?!n.er txt O] t eltr€ ::Ju!y :::l9r I 9$li : th6 dlle of $cond,, r,oadfng' Section 2 Section 18.57.050 Tvpe ll - Emplovee housinq unit. A. Purpose. To allow for the construction of an EHU on lots in the single-lamily, two-family, and primary/secondary zone districts which meet the minimum lot size requirements for said zone districts. B. General conditions: '1. lt shall be a conditional use in the single{amily residential, two-family residential and primary/secondary residential zone districts. 2. lt shall be permitted only on lots which comply with the minimum lot size requirements for total tot area of the zone district in which the lot is located. 3. lt shall be located within, or attached to, a single{amily dwelling or be located within, or attached to, a two{amily dwelling pursuant to Section 18.54.0401 - design guidelines duplex and primary/secondary development. lt may also be located in, or attached to, an existing garage provided the garage is not located wilhin any setback, and further provided that no existing parking required by the Town of Vail Municipal Code is reduced or eliminated. 4. lt shall not be counted as a dwelling unit for the purposes of calculating density. However, it shall contain kitchen facilities and a bathroom; as defined in Chapter 18.04 - Definitions of the Vail Municipal Code. lt shall be permitted to be a third dwelling unit in addition to the two dwelling units which may already exist on the lot. Only one Type ll EHU shall be allowed per lot. 5. lt shall have a GRFA not less than three hundred square feet, nor more than nine hundred square feet. An applicant, however, shall be permitted to apply to the Community Development Department of the Town of Vail for additional GRFA not to exceed five hundred square feet to be used in the construction of the EHU. The applicant shall submit an application for the additional GRFA on a form provided by the Community Development Department. Approval or denial of the request shall be made by the Design Review Board in accordancewith Section 18.54.040. lf an applicant obtains Design Review Board approval for five hundred square feet of additional GRFA lor the EHU, he or she shall not be entitled to receive additional GRFA pursuant to Chapter 18.71 - Additional Gross Residential Floor Area of this code for either unit on the lol. ll an applicant obtains Design Beview Board approval for not more than two hundred fifg square feet ol additional GRFA for the EHU, he or she shall be entitled to receive additional GRFA pursuant to Chapter 18.71 - Additional Gross Residential Floor Area ol this code for one dwelling unit on the lot. 6. lt shall have nol more than two bedrooms. 7. No more than two adults and one child not older than sixteen years ol age shall reside in a one-bedroom Type ll EHU. No more than h|rto adulftl and two children not older than sixteen years of age shall reside in a two-bedroom Type II EHU. 8. Each Type ll EHU shall be required to have no less than one parking space for each bedroom located therein. However, if a one bedroom Type ll EHU exceeds six hundred square feet, it shall have two parking spaces. All parking spaces required by this code shall be located on the same lot or site as the EHU. ll no dwelling exists upon the property which is proposed for a Type ll EHU at the time a building permit is issued, or if an existing dwelling is to be demolished and replaced by a new dwelling, not less than one of the parking spaces required by this subsection shall be enclosed. A three hundred square feet GRFA credit shall be allowed for the construction of one enclosed parking space for the Type ll EHU. Section 3 lf 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. Section 4 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 5 The repeal or the repeal and reenactment of any provision of the Vail Municipal 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 of by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6 All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed t0 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 lN FULL, this _ day of 1994. A public hearing shall be held hereon on the _ day of 1994, at the regular meeting of the Town Council of the Town ol Vail, Colorado, in the Municipal Building of the Town. Margaret A. Osterfoss, Mayor ATTEST: Holly McCutcheon, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this _ day of _, 1994. Margaret A. Osterfoss, Mayor ATTEST: Holly Mccutcheon, Town Clerk @ 9 E E P. (tt o Eo.= cto) .9 =C)o)o-o o x c) qt o)o o)o(6o (L o =Ito C) cio rr) C\Isf oOo(') O EEE: (u o_ol) d, at tt =6Ja =o>O -td. o-F'o =o>(J ci at, lJ) C\Is *er ,- u, bH ^885Eq,tO @- EE(U9 aE F-o ^.- F36(d0 u,6 F_o ()o(5 o-(t, rR $-"gq88P - Ut l.C) (D cp.r96oEdoY I! .E LL LL LL co oo,v6 IL i*i$z oP =:E-co() ot ol \t z EcF$z C\T ol z z .a>'E90 E e,E<.: < trt(ro O]u(L C) LuL o lrJ(L m(ro .L a.goccotooo- EeE $EE oz oo oz oz orl'ol o o) o()oz oz oc) oco o<'s =or+o(,G o*.cl: gfl A9E+EC5 olt (D oO(t) cio o,olf)$ ci u)oo cf)oo <\t cio Ooe.l o 5ri EE et8€O qo qo c|,(fJ a? sFr o 'Eo.-o .vt o oloJ- rOEO =o--c|.l) =b z {z o\ (\I G(,Eo =5 sf;E =^6 a rViS< 5 E(U LL o 3Fa (L =>F.- R= E E,[,F Ei c9t= F&,Hs n.- ff +Fe$s6DoeQ #=$E* t-B eF8fisSDOAQ $E$E* .g q)o .sl pg, U, =o-(r -o=4.I>UJF o)o- F ;o- F =oo- F 0)o F o)o. F C 3fr $ t.rr) @ o()q f..q @ o(o N u? @ oF-cfr 'flo Ooo N u? @ trulzulo fT lr.l o Ez: o =@ =oI ur UJ o o- =tu a oNq u? @ zo o UJ U' ztU'4\ :==;-:-:;;:';;;'-' t. I q.Crl+ AN OROINANCE AMENDING CTIAPTER 18.57, ETIIPLOYEE HOUSING, ANO SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, THE TOWN OF VAIL'S ECONOMY IS LARGELY TOURIST BASED AND THE HEALTH OF THIS ECONOMY IS BASED ON EXEMPLARY SEBVICE FOR VAIL'S GUESTS, ANDI WHEREAS, VAIL'S ABILIry TO PROVIDE SUCH SERVICES DEPENDENT UPON A STRONG, HIGH QUALIW AND CONSISTENTLY AVAILABLE WORK FORCE. AND: WHEBEAS, THE AVAILABILITY OF HOUSING PLAYS A CRITICAL ROLE IN CREATING QUALIry LIVING AND WORKING CONDITIONS FOR THE COMMUNITY'S WORK FORCE. AND: WHEREAS. THE TOWN COUNCIL BELIEVES THAT THE FOTLOWING AMENDMENTS WILL MAKE THE EXISTING EMPLOYEE HOUSING ORDINANCE MORE EFFECTIVE, ANO; WHEREAS, IN ACCORDANCE WITH SECTION 18.66.140, THE PLANNING AND ENVIRONMENTAL COMMISSION HAD A PUBLIC HEARING ON THE PROPOSED ZONING AMENDMENT ANO HAS SUBMITTED ITS RECOMMENDATION TO THE TOWN COUNCIL, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL. COLORADO THAT: Section 1 Section 18.57.020 - Emolovee housino units (EHU) oenerallv. A. A chart(2) attached to this chapter and incorporaled herein by reference illustrates the requirements for each type of EHU. B. No employee housing unil which is constructed in accordance with this chapter shall be subdivided or divided into any form of time shares, interval ownerships, or fractional lee. C. All types ol EHU's mey shall be leased, bct€€ly to tenanb who are lull-time employees who work in Eagle County. An EHU shall not be leased for a period less than thirty consecutive days. For the purposes of this seclion, a full-time employee is one who works an average s{-+Riflimsm of thirty hours each week. 1. A Type I EHU may be sold, transferred, or conveyed separately from any singlejarnily or two{amily dwelling it may be a part ot so long as it meets the conditions set forth in Section 18.57.040 B. 5 of this chaot€r. 2. A Type ll EHU shall not be sold, transfErred or conveyed separately lrom the single-family or two{amily dwelling is located within or attached to. 3. A Typ6 lll EHU may be sold, translerred, or conveyed separately from oth€r dwelling units or smploysE housing units that may b€ locatEd on the. same lot or within the same building in which th€ Type lll EHU is located so long as it meets the condition set lorlh in Section 18.57.060 B, 1 l of this chapter. 4. A Type lV EHU shall not be sold, transfened, or conveyed s€parately trom other dwelling unils or Employe€ housing uniis that may bo local€d on th€ same lot or within lh€ same building in which th€ Type lV EHU is localed. 5. A Type V EHU shall not be sold, transferr€d or conveyed sepaftrtely trom the singlelamily dwelling it may be located within or anached to. D. Reserved. E. No laler than February 1 of each year, the own6r of each employee housing unil within the town which is construcled following the effective date ol tfiis chapter shall submit lwo copies of a report on a form to be oblained trom the Community Development Department, to the Community Developmont Oepartment of the Town ol Vail and Chairman ot the Town of Vail Housing Authority setting forth evidence establishing that the employoe housing unit nai been rented throughout the y6ar, the rental rale, thg employor, and thal each tenanl who resides within lheir he employees housing unit is a full-time employee e{ in Eagle County. F. No property containing an EHU shall exceed the m€uimum GRFA permitted in Title 18 except as provided in Sections 18.57.OO 84, 18.57.050 85 or 18.57.080 83 ol this chapter. G. All trash facilities shall be enclosed. H. All surface parking shall be screen€d by landscaping or berms as per Design Review Guidelines, Section 18.54.050 D3. l. Any applicanl who applies for a conditional use permil for the purpose of constructing employee housing, shall not be requir€d to pay a conditional use permit application fee. J. The provisions set forth in Section 18.57.020, €ubs€etien€lrcr0r€fft5 ehall be incorporaled into a written agreement in a lorm approved by the town attomey which shall run with the land and shall not be amended or terminated without the writlen approval of the Town of vajl. said agre€ment shall b€ recorded at the county clerk and r€corder office prior to the issuance ot a building permit for the construction of an EHU. K. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit it may be attached to. L. The (Mner ot eacfi EHU shall rent lhs unit al a monthly rental rate cqlslsFnt with or lower than those market rates prevalent tor similar prop€rties in tfie Town ol Vail. M- The Town ol Vail Housing Arthority will determine the markot rate based on the study of othsr units ot comparable size, location, quality and amenities hroughoul the Town. The market rat€ shall be based on an average ot a minimum ol fivo rental rates ol comparable units. lt lh€ unit is not r€nt€d and is not available at th€ market rate it shall be determined to b6 in noncompliance. ln addltion, to any othor pensltbg and restrlctlons provlded hereln, a unll tound to b€ ln nonoompllance shrll be sublecl to publicatlon as determlnod by the Houshg Authorlty. Erltor,3 ttr: Tha pfoyblofir ot thlr 3cdm rh- nor ?gU !o att +flfortoo lor r| EHU yrl ch hlr b.dl .obmlrbd to thr lragrnrsrt ol Commtnlty D.v.lopm.nt 'rd lccadad by fia t||m, m or belota Jury le, 109'1, thr d.t. ol r.cond rrdlng, Section 2 Section 18.57.050 Tvpe ll - Emplovee housino unit. A. Purpose. To allow for the construction of an EHU on lots in the single{amily, twojamily, and primaryisecondary zone districts which meet the minimum lol size requirements for said zone dislricts. B. General condilions: It shall be a conditional use in the single-family residential, two-family residential and primary/secondary residential zone districts. 2. lt shall be permitted only on lots which comply with lhe minimum lot size requirements for total lot area of lhe zone district in which the lot is located. 3. lt shall be located within, or attached to, a single{amily dwelling or be located within, or attached to, a twojamily dwelling pursuant to Section 18.54.0401 - design guidelines duplex and primary/secondary development. lt may also be localed in, or atlached to, an existing garage provided the garage is not located within any setback, and turther provided that no existing parking required by the Town ol Vail Municipal Code is reduced or eliminaled. 4. lt shall not be counted as a dwelling unit tor the purposes of calculating density. However, it shall contain kitchen facilities and a bathroom; as defined in Chapter 18.04 - Definitions of the Vail Municipal Code. lt shall be permitted to be a third dwelling unit in addition to the two dwelling units which may already exisl on the lot. Only one Type ll EHU shall be allowed per lot. 5. lt shall have a GRFA not less than three hundred square feet, nor more than nine hundred square leet. An applicant, however, shall be permitted to apply to the Community Development Department ot the Town of Vail lor additional GRFA not to exceed five hundred square leet to be used in the construclion ol the EHU. The applicant shall submit an application for the additional GRFA on a lorm provided by the community Development Department. Approval or denial ol the request shall be made by the Design Review Board in accordance with Section 18.54.040. lf an applicant obtains Design Review Board approval for live hundred square feet of addilional GRFA lor the EHU. he or she shall not be entitled to receive additional GRFA pursuanl to Chapter 18.71 - Additional Gross Residential Floor Area of this code lor either unil on the lot. ll an applicant obtains Design Review Board approval for not more than two hundred fifty square feet ol additional GRFA for the EHU, he or she shall be entitled to receive additional GRFA pursuant to Chapter 18.71 - Additional Gross Residsntial Floor Area of this code for one dwelling unit on the lot. 6. lt shall have not more than two bedrooms. 7. No more lhan two adults and one child not older than sixteen years of age shall reside in a one-bedroom Type ll EHU. No more than two adults and two children not older than sixteen years ol age shalt reside in a two-bedroom Type II EHU. 8. Each Type ll EHU shall be required to have no less than one parking space for aach bedroom localed therein. However, if a one bedroom Type ll EHU exceeds six hundred square leel, it shall have two parking spaces. All parking spaces required by this code shall bs localed on the same lot or site as the EHU. It no chvelling exists upon the properfy which is proposed for a Type ll EHU at th€ time a building permit is issued, or il an existing dw€lling is to be demolished and replaced by a new dwelling, not less lhan one ol the parking spaces required by this subsection shall be enclosed. A three hundred squarE feet GRFA credit shall be allowed for the construclion of one enclosed pa.king space tor the Type ll EHU. Section 3 lf any part, s€ction, subs€ction, s€ntence, clause or phrass of this ordinanc€ is for any reason hsld to be invalid, such d€cision shall not €ffect thE validily of the romaining portions ot this ordinance: and the Town Council horeby d€clares it would have passed this ordinance, and each part, section, subs€ction, sentence, clause or phrase theroof, regardless of the lact that any one or more parts, s€ctions, subsections, sentences, clausos or phras€s be declared invalid. Section 4 The Town Council hereby finds, determines and declar€s that this ordinance is necessary and proper tor the health, satety and welfare of the Town of Vail and the inhabitants thereof. Section 5 The repeal or the repeal and reenactmenl of any provision of the Vail Municipal Code as provided in this ordinance shall not atfect any right which has accrued, any duty imposed, any violation that occurred prior to the etlective date hereof, any prosecution commgnced, nor any other action or proceeding as commenced under ol by virtue ol ths provision repealed or repealed and reenacted. The repeal of any provision h€reby shall nol revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6 All by,lauts, orderB, to3olulions and o.dinanc€s, or peds th€reot, inconsbtent herBwith arc repealod to the sxtent only of sudr inconsisterrcl. Thb rapealer shall not bo constru€d to revise any bylaw, order, resolulion or ordinanco, or part thoreol, thoretotore r€p€al6d. INTRODUCED, READ ON FIRST READING, APPROVEO AND ORDERED PUBLISHED ONCE lN FULL, this _ day of . . 1994. A public heartrg stratt be held horoon on the _ day of ,| 994, at ho r€gutar mo€ting ot tho Town Courcil of tho Town of Vait, Colorado, in the Municipal Buildlng ot the Town. Margaret A. Ost6rlos6, iiliryor ATTEST: Holly McCubhoon, Town Clerk READ ANO APPFOVED ON SECOND READING AND ORDERED PUBLISHED 0ris _ <lay of - 1994. Margar€t A. Osto oss, Mayor ATTEST: Holly Mccubheon, Town Clork a a E E t a, o Eq).: o .9 =I vt o) C) 0)v, 0, qtd o.=E Eo v, rf)ot o(') 9g:: \) aa u, dl4 =(5 do 56 cto ;Fr Eg EEq|f) OF >rtr36(!p t^6 F-o n'E ;6 _'o) o (! .," 8;!, at ^'(!o\() -Co|f)q) co, 9()U'=60|-tt=l!TL lr- o()o :<o LL ier e z ;r: L.crll o (\I C!z i*ge z ol ot z z ,aa5 "E.BE mt UJ O uJ oul (n .g 6.8occo>ooo- .En566!o)6 ReE;5E oz q)z z oro 6a o 0.,oz z o0) oE _9 (,<EtL -^Eo,(5E o) _: gf, A.9cc<6(' o, (Y) ov, CD ro ot i A] >lb EEe68€q (Y) a? gFr c(! o(o == -_c u) cF 20 z z F-- N oEo =3_gE E',€ rF69 'V6< =E GI lJ- o3Fo L =>.E 5.Fr; =" -,5.6 F s-F Po*6 t r-E rEH5"sI<(/)(llq*t?Y= FeXs* r-3 eF8$s $E$-il .! ".F;tg'= .:l _- 0,I(r -o=oITI F q)o o) F c) F o -- -o EEoo oI t-(o; Oro l-ro f-(o fr F.lr)o @ i-ro J J cl!zlrl(, fIt! ch Ezf a =U'loI uJul 0J o. =ul r3 oolq F U? ao z 9FIulo TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department June 13. 1994 A request for amendments to Section 'l 8.57, Employee lorth requirements for renting Employee Housing Units details in regard therelo. Housing, to set and setting forth Applicant: Planner: Town of Vail Andy Knudtsen I. DESCR]PTION OF THE REQUEST In conversations with Town Council and Housing Authority recently, Town staff determined that there were a few minor changes that could be made to the employee housing ordinance to make it more elfective. These include requiring that all employee housing units shall be rented and requiring that the rental rate be comparable to the market rate. The proposed text below has been changed as discussed in the worksession with the Planning and Environmenlal Commission (PEC) on May 16, 1994. There is also a clarification in the code pertaining to Type ll EHU's, which has also been included. II. PROPOSED CODE CHANGES Below is one section from the ordinance showing the proposed changes. The new text is shown in shade. The text that is proposed to be deleted is shown in €v€+s&i*€. 18.57.020 Employee housing units (EHU) generally. A. A chart(2) attached to this chapter and incorporated herein by reference illustrates the requiremenls for each type of EHU. B. No employee housing unil which is constructed in accordance with this chapter shall be subdivided or divided into any form of time shares, interval ownerships, or fractional lee. C. All types of EHU's mey shall be leased;-btr{+Cy to lenants who are full-time employees who work in Eagle County. An EHU shall not be leased lor a period less than thirty consecutive days. For the purposes of thls section, a full-time employee is one who works an average el a minirnurn of thirty hours each week. * o 1. A Type I EHU may be sold, translened, or conveyed separately from any single-family or twojamily dwelling it may be a part of so long as it meets the conditions set forth in Section 18.57.040 B,5 of this chapter. 2. A Type ll EHU shall not be sold, transferred or conveyed separately lrom the single-family or two-family dwelling is located within or attached to. 3. A Type lll EHU may be sold, transferred, or conveyed separately from other dwelling units or employee housing units that may be located on the same lot or within the same building in which the Type lll EHU is located so long as it meels the condition set forth in Section 18.57.060 B, 1'l of this chapter. 4. A Type lV EHU shall not be sold, transferred, or conveyed separately from other dwelling units or employee housing units that may be located on the same lot or within lhe same building in which the Type lV EHU is located. 5. A Type V EHU shall not be sold, transferred or conveyed separately from the single-lamily dwelling it may be located within or attached to. D. Reserved. E. No later than February 1 of each year, the owner of each employee housing unit within the town which is constructed following the effective date of this chapter shall submit two copies of a report on a form to be obtained lrom the Community Development Department, to the Community Development Department of the Town of Vail and Chairman of the Town ol Vail Housing Authority setting torth evidence establishing that the employee housing unit has been rented throughout the year, the rental rate, and that each lenant who resides wilhin {heir the employeee housing unit is a full-time employee of Eagle County. No property containing an EHU shall exceed the maximum GRFA permitted in Title 18 excepl as provided in Sections 18.57.040 84, 18.57.050 85 or 18.57.080 83 ol this chapter. All trash facilities shall be enclosed. All surface parking shall be screened by landscaping or berms as per Design Review Guidelines, Section 18.54.050 D3. Any applicant who applies for a conditional use permit lor the purpose of constructing employee housing, shall not be required to pay a conditional use permit application fee. F. /: H. J. The provisions set forth in Section 18.57.020, subsections B, C, D, and E shallbe incorporated into a written agreement in a form approved by the town attorney which shall run with the land and shall not be amended or terminated without the written approval of the Town of Vail. Said agreement shall be recorded at the county clerk and recorder office prior to the issuance of a building permit for the construction of an EHU. K. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit it may be attached to. L. The owner of each EHU shall rent the unit at a monthly rental rate consistent with those market rales prevalent for similar properties in the Town of Vail. M. The Town of Vail Housing Authority will determine the market rate based on the study of other units of comparable size, location, quality and amenities throughout the Town. The market rate shall be based on an average of a minimum of five rental rates of comparable units. lf the unit is not rented and is not available at the market rate it shall be detennined to be in noncompliance. (Ord.27 (1992)S$ 1-3: Ord.8 (1992)$ 4(part).) III. CLARIFICATION FOR TYPE II EHU'S Section 18.57.050 Type ll - Employee housing unit. A. Purpose. To allow for the construction of an EHU on lots in the single-family, two- family, and primary/secondary zone districts which meet the minimum lot size requirements for said zone districts. B. General conditions: It shall be a conditional use in the single{amily residential, two-family residential and primary/secondary residential zone districts. It shall be permitted only on lols which comply with the minimum lot size requirements lor total lot area of the zone district in which the lot is located. It shall be located within, or attached to, a single-family dwelling or be located wilhin, or attached to, a two{amily dwelling pursuant to Section 18.54.0401 - design guidelines duplex and primary/secondary development. lt may also be located in, or attached to, an existing garage provided the garage is not located within any setback, and further provided that no existing parking required by the Town of Vail Municioal Code is reduced or eliminated. 1t. z. It shall not be counted as a dwelling unit for the purposes of calculating density. However, it shall contain kitchen facilities and a bathroom; as defined in chapter 18.04 - Definitions of the vail Municipal code. lt shall be permitted to be a third.dwelling unit in addition to the two dwelling unils which may already exist on the lot. Only one Type ll EHU shall be allowed per lot. It shall have a GRFA not less than three hundred square teet, nor more than nine hundred square feet. An applicant, however, shall be permitted to apply to the Community Development Department of the Town of Vail for additional GRFA not to exceed five hundred square feet to be used in the construction of the EHU. The applicant shall submit an application for the additional GRFA on a form provided by the Community Development Depa(ment. Approval or denial of the request shall be made by the Design Review Board in accordance with Section 18.54.040. lf an applicant obtains Design Review Board approval for five hundred square feet ol additional GRFA for the EHU, he or she shall not be entitled to receive additional GRFA pursuant to Chapter 18.71 - Additional Gross Residential Floor Area of this code for either unit on the lot. It an applicant obtains Design Beview Board approval for not more than two hundred fifty square feet ol additional GRFA for the EHU, he or she shall be entitled to receive additional GRFA pursuant to Chapter 18.71-- Additional Gross Residential Floor Area of this code for one dwelling unit on the lot. It shall have not more than two bedrooms. 7,- Ne mere than twe adullE end ene €hild net elder than sixtsen y€ars ef ag€ shall reside in a ene bedreem Type ll EHU, Ne mere than twe adulls and twe ehildren net elder than sixteen years ef age shall reside in a t\rye bedreem Type {LEI{U''. 8. Each Type ll EHU shall be required to have no less than one parklng space lor each bedroom located therein. However, if a one bedroom Type ll EHU exceeds six hundred square feet, it shall have two parking spaces. All parking spaces required by this code shall be located on the same lot or sile as the EHU. lf no dwelling exists upon the property which is proposed for a Type ll EHU at the time a building permit is issued, or if an existing dwelling is to be demolished and replaced by a new dwelling, not less than one of the parking spaces required by this subsection shall be enclosed. A three hundred square feet GRFA credit shall be allowed for the construction of one enclosed parking space for the Type ll EHU. (Ord. 8(1992) $ 4(part).) IV. STAFF RECOMMENDATION Staff believes the proposed changes will make the Employee Housing Ordinance more effective. Because an elfective ordinance will help the Town meet its Municipal Objectives, staff recommends approval. c:\,pec\memos'€hu. 61 3 4. o. FII [ $0F t' Bob Armour made a motion to approve this request for a conditional use permit to allow for an employee housing unit per the staff memo wilh Jeff Bowen seconding this motion. A 7-0 vote approved this item. 6. A request for an amendment lo Section 18.40, Special Development Districts, to eliminate the use of the SDD in certain zone districts. Applicant: Town of Vail Planner: Mike Mollica Mike Mollica briefly reviewed the request and stated that he could answer any questions the PEC had concerning lhe proposed amendments. Bob Armour made a motion to approve the requesled amendment to Section 18.40, Special Development Districls per the stafl memo with Jetf Bowen seconding this motion. '. Tom Braun stated that he did not understand what was being gained as a result of the proposed amendment to Section 18.40. He felt that keeping the SDD as an option in the zone districts is beneficial. Mike Mollica stated that statf would most likely perform an overhaul on the entire section of the SDD code during lhe next six to nine monlhs. Dalton Williams stated that he agreed with Tom's comment but he feels thal the amendment was the right thing to do. Jeff Bowen seconded the motion and a 7-0 vote approved this item. 7. A request for amendments to Section 18.57, Employee Housing, to set torth requirements for renting Employ=ee Housing Units and setting fohh detaits in regard thereto. Applicant: Town of VailPlanner: Andy Knudtsen/Kristan Pritz Kristan Pritz made a presentation per the staff memo. Concerning ltem M, Kathy Langenwaller suggested that the last sentence should read "within a market rate". Jelf Bowen stated that he felt the word "minimum" should be removed from ltem C in the last sentence. Tom Braun stated that he would like to see ltem 8 on Page 4 either eliminated or modified so that the parking was nol required lo be localed on-site for an existing nonconforming unit. Pl.nning lnd Envlronmcnt l Cornmi3lion Jun.l3, 1994 Concerning ltem E, Dalton Williams slated that he would like to see lhe last sentence in this item eliminated. He felt the wording was loo strong. He said that he would like . the last sentence of ltem M reworded to: "ll the unit is not rented and is not available at the market rate, then it shall be determined to be in noncompliance"' Jeff Bowen stated that he still had a problem with ltem 7 on Page 4. He stated that the maximum age of the child should be lowered and questioned why this paragraph was necessary. Kathy Langenwalter asked what the purpose of ltem 7 was. Krislan Pritz stated it was added by the Council during lhe review of the original ordinance to address occupancy and the issue ol occupants having children, The PEC reached a consensus that ltem 7 on Page 4 should be deleted. ,. Kathy Langenwalter referred the PEC back to the last sentence in ltem E on Page 2 of the stafl memo. She felt this sentence was a compromise to let people know what the requirement was. - Krislan Pritz stated that the last sentence of ltem E would be incorporated into the preceding sentence as: "... that the employee housing unit has been rented. throughout the year, the rental rate, and that each tenant who resides within the employee housing unit is a full-time employee of Eagle County." Kathy Langenwaller reviewed the proposed changes with the PEG and staff. Jelf Bowen made a motion lo approve the proposalwith the recommended changes: ll(C) "an average ol 30 hours each week.'/ ll(E) Remove the last senlence and add, 'the rental rate, and that each "/lenant..." ll(M) "lf the unit is not rented and is not available at lhe market rale." / lll(7) Remove lhis paragraph../ Greg Amsden seconding lhe motion. A 7-0 vote approved this item. 8. A request for a conditional use permit to allow for a Type ll Employee Housing Unit located al 4030 Norlh Fronlage Road East, #D/Lot 28, Pitkin Creek Mountain Townhomes, Applicant: Andrew M. Knudtsen Planner: Jim Curnutte TABLED TO JUNE 27,1994 Jeff Bowen made a motion to table this request until June 27,1994. Dalton Williams seconded the motion and a 7-0 vote tabled this ilem to the June 27, 1994 PEC meeling. Plrnning and Environrn ntrl Comlnirrion Junr t3. | 994 10 f /l,.Jr"I a-p,u' OROINANCE NO. 14. Seri€s of 1 994 2.& V-+.'' S lt--,t- Z-a s-o o- AN ORDTNANCE AUENDING CHAPTER 18.57, EMPLOYEE HOUS|NG, AND SETTTNG FORTH DETAILS IN REGARD THERETO.FtPsr wHEREAS, THE TowN oF vAtL's EcoNoMy ts LARGELv rothtsr-gAseo nNo THE HEALTH OF THIS ECONOMY IS BASED ON EXEMPLARY SEBVIC GUESTS, AND; WHEREAS, VAIL'S ABILIW TO PROVIDE SUCH SERVICES DEPENDENT UPON A STRONG, HIGH QUALIry AND CONSISTENTLY AVAILABLE WORK FORCE. AND: WHEREAS, THE AVAILABILIW OF HOUSING PLAYS A CRITICAL ROLE IN CREATING QUALIW LIVING AND WORKING CONDITIONS FOR THE COMMUNITY'S WORK FORCE, AND; WHEREAS, THE TOWN COUNCIL BELIEVES THAT THE FOTLOWING AMENDMENTS WILL MAKE THE EXISTING EMPLOYEE HOUSING ORDINANCE MORE EFFECTIVE, AND: WHEREAS, IN ACCORDANCE WITH SECTION 18.66.140, THE PLANNING AND ENVIRONMENTAL COI4MISSION HAD A PUBLIC HEARING ON THE PROPOSED ZONING AMENDMENT AND HAS SUBMITTED ITS RECOMMENDATION TO THE TOWN COUNCIL, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: . Section 1 Section 18.57.020 - Emotovee housinq units (EHU) oenerallv. A. A chart(2) attached to this chapter and incorporated herein by reference illustrat€s lhe requiremenls lor each type ol EHU. B. No employee housing unit which is constructed in accordance with this chapter shall be subdivided or divided into any lorm of time shares, interval ownerships, or lractional lee. C. All types ol EHU'S may shall be leased;SufcCy to lenanls who are full-time employees who work in Eagle County. An EHU shall not be leased for a period lgss than lhirly conseculive days. For the purposes of this section, a full-time employee is one who works an average €+{-mif,hus ol thirty hours each week. lulcl 1. A Type I EHU may be sold, transferred, or conveyed separately from any single{amily or twoJamily dwelling it may be a part of so long as il meets the conditions sel forth in Section 18.57.040 B, 5 ot lhis chapter. 2. A Type ll EHU shall not be sotd, transferred or conveyed separatety from the single-lamily or twojamily dwelling is located within or attached to. 3. A Type lll EHU may be sold, translerred, or conveyed separalely from other dwelling units or employee housing units that may be located on the same lol or within the same building in which the Type lll EHU is localed so long as it meets lhe condilion set forth in Section 18.57.060 B, l l ol this chaoter. 4. A Type lV EHU shall not be sold, transterred, or conveyed separately from other dwelling units or employee housing unils lhat may be located on lhe same lol or within the same building in which the Type lV EHU is located. 5. A Type V EHU shall not be sold, transferred or conveyed separately kom the single-lamily dwelling it may be located within or attached to. D. Reserved. E. No later than February 1 of each year, the owner ot each employee housing unit within the town which is constructed following the effective date of lhis chapter shall submit two copies of a report on a lorm to be obtained from lhe Community Developmenl Oepartment, to lhe Cornmunity Development Deparlment of the Town ol Vail and Chairman of the Town of Vail Housing Authority sening lorth evidence. establishing that the employee ig.USjnS unit has beon rsnted throughout the year, the --.--rental rate,' and thal each tenant who resides within lh€ir the employees housing unit is a tutt-time emptoyeeiffire counry. F. No property containing ari EHU shall exceed the maximum GRFA permitted in Title 18 except as provided in Sections 18.57.040 84, 18.57.050 85 or 19.57.080 83 ot this chapter. G. All trash facilities shall be enclosed. H. All surlace parking shall be screened by landscaping or berms as per Design Review Guidelines. Section 18.54.050 03. l. Any applicant who applies lor a conditional use permit tor he purpose ol constructing employee housing, shall not be required to pay a condilional use p€rmit application fee. J. The provisions set lorth in Section 18.57.020, subs€ctions B, C, D, and E shall be incorporat€d into a vuritten agrg€ment in a form approved by lhe town attorn€y which shall run with the land and shall not bs amended or terminated wilhout the writlen approval of the Town ol Vail. Said agrsemenl shall be recordod at the county clerk and recorder otfice prior lo he iisuance of a building permit tor the conslruclion ot an EHU. K. Each EHU shall have ils own entrancs. Thsre sha be no interior accsss lrom any EHU to any dvvelling unit it may bs attached to. /. F L. The own€r of oach EHU 8hail r€nt th6 unit at a monthly rontal rate4onsistent i wiltlhosg market rat€s pr€vatent lor similar propertles in tfre Town ol Vall, M. Th6 Town of Vall Houslng futhorlty wllt d€t€rmin€ thE mark€t rate basM on tho study of olher unib of comparable 6lze, locatlon, quatity and amenltles throughout ths M Town. The mafisl rato shall bs bas6d.on an avorage of a mlnimum of livo rontal ratos t Section 2 Section 18.57.050 Tvp€ ll - Emoloyee housino unil. A. Purpose. To allow for the construction ol an EHU on lots two-family, and primary/secondary.zone districts which meet the r€quirsments for said zone dislricts. B. General condilions: 1. lt shall be a conditional use in the single-farnily residential, twoJamily residential and primary/secondary r€sidential zone districts. 2. lt shall be permitted only on lots which comply with the minimum lot requirements tor total lot area ol the zone district in u/hich the lot is in the mtntmum v# p<1 -?or comparabfe units. lf he unit is not rsntod and ts not avattsbto av6marlriilGiffiT-- btfth t rynco**ce.,@ \{ffi(|fi ^',1- . .,. -oor T$rnt 3. lt shall be localed within, or allached lo, a single-lamily dwelling or be located within, or attached to, a two-lamily dwelling pursuant to Section 19.54.040t - design guidelines duplex and primary/secondary development. lt may also be located in, or attached to, an existing garage provided the garage is not located within any setback, and further provided lhat no existing parking required by the Town of Vail Municipal Code is reduced or eliminated. 4. lt shall not be counred as a dwelling unit for the purposes of calculating density. However, it shall contain kitchen racilities and a bathroom; as delined in chapter 1g.04 - Definitions of the vail Municipal code. lt shall be permitted to be a third dwelling unit in addition to the two dwelling units which may already exist on the lol. onty one Type ll EHU shall be allowed per lot. 5. lt shall have a GRFA not less than three hundred square feel, nor more than nine hundred square feet. An applicant, however, shall be permitted to apply to the community Deveropment Department ot the Town or vail for additionar GRFA not to exceed five hundred square leet to be used in the construction of the EHU. The applicant shall submit an application for th€ additional GRFA on a lorm provided by the community Developmenl DepartmEnr. Approval or denial of the request shall be made by the Design Beview Board in accordance wilh Section 19.54.040. lf an applicant obtains Design Review Board approval for five hundred square feet ol additional GRFA lor the EHU, he or she shalt not be entitled lo receive additional GRFA pursuant to chapter 18.71 - Additional Gross Residential Floor Area ol this code for eilher unit on lhe lot. ll an applicant obtains Design Review Board approval for nol more than two hundred fifty square leet of additional GRFA tor the EHU, he or she shall be entitled to receive addilional GRFA pursuant to chapter 18.71 - Additional Gross Residential Floor Area of lhis code for one dwelling unit on the lot. 6. lt shall have not more than two bedrooms. 7, Ne m€r€ than tlve adsrts and ene 6hild nel sldsr han sixlesn yea.s gl age ehal+ elder lhan 6i*te€n ysars el ag€ ehall r€eid€ in a trve bsdr€em Typs lt EpU, 8. Each Type ll EHU shall be required lo have no less than one parking space for each bedroom located therein. However, if a one bedroom Type ll EHU exceeds six hundred square feet, it shall have two parking spaces. A parking spaces required by this code shall be located on the same lot or site as the EHU. tt no dwelling exists upon lhe property which is proposed lor a Type ll EHU at the time a building permit is issued, or il an €xisling dwelling is to b€ demolishod and replaced by a new dwelting, not l€ss than one of the parking spaces required by this subsection shall be enclosed. A three hundred square feel GBFA credit shall be allowed lor the construclion ot one enclosed parking space tor the Type ll EHU. Seclion 3 lf any part, seclion, subseclion, sentgnce, clause or phrase ot this ordinance is tor any reason held to be invalid, such decision shall not €ltect the validity of the remaining portions of this ordinance; and lhe Town council hereby declar€s it woutd have passed this ordinance, and €ach part, s€ction, subsection, s€nlence, clause or phrase thereof, regardless of lhe fact thal any one o. more pans, seclions, subsections, sentences, claus€s or phrases be declared invaliJ. Section 4 The Town Council hersby finds, determines and declares that this ordinanc€ is ngc€ssary and proper for the hgalth, safety and w€ltare ol the Town ot Vail and the inhabitants thereot. Section 5 The repeal or the rEpeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not afioct any right which has accrued, any duty impos€d, any violation that occunsd prior to the ollsctiv€ dats herEol, any prosecution commenced, nor any other action or procesding as commonced under of by virtue ol the provision repeal€d or repealed and reenacted. The repeal of any provision hereby shall nol revive any provision or any ordinance previously repealed or sup€rseded unl€ss expressly stated herein. Sgction 6 All bylaws, ord€rs, resolutions and ordinances, or parts thersol, inconsistsnt herevyith are repealed to lhe extent only ol such inconsistency. This rsp€aler shall not be construed lo rwise any bylaw, order, resolution or ordinance, or parl thereot, therelofore repealed. INTRODUCED, BEAD ON FIFST READING, APPROVED AND OBDERED PUBLISHED ONCE lN FULL, this _ day ol _ 1994. A pubtic hearing shalt be held hereon on the _ day of - 1994, at the regular meeling ot the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. ATTEST: Margaret A. Osterfoss, Mayor Margaret A. Osterfoss, Mayor Holly McCulcheon, Town Clerk READ AND APPROVED ON SECOND READING AND OHDERED PUBLISHED this _ day ol _, 1994. ATTEST: Holly McCutcheon, Town Clerk o =Ito o ; o rtlols oo(') E g:: o 6d; . Elz 56 3 Eo===Y3.5 oo rDN oiC: or FEE -E$ ro o- t'e388E F-o rloqe68 F-o oo(! <t ,qC?Ux -oq,EEE F an ro |I, carl !t6o-roo-tt=r|.ll,/ o oo :<o tl- i*rs z $*- \ ./z is Ee z (\l N z z 3E "dEE d) o ll,J(L oul ollj 0- .D o o. e!occo>ooo- EeE s€E oz o oz oz c,roN a,o anqt oz oz a(|) glco o<E =olr!Oc'G -9b-o _: gs A-9cc+EO cioooo, (') oo(D orD ci oo(to (\l ct aaoool o ;r! EEe68€o rf, (t(tclo gFr (! .C^ oP o at) -OLOjo- .E|o =b z z oo\ ol t() E 'T' =5-*fi.sE;E69No< E IL o .3 a 5 ",>E>x;(!s 6 Elr E.,o,i 9 .d s e-t: F"u,F S r-3 +F8fis $ EH;H r-H eF8$s ; E$Efr E,c(uo) .!r p =o -(D UJF F o F ot F o o F o t? c)cro|o6 o ort u? rJ) Nrr) .(t o(og F.rf, cri F-g F.u? @ o@eNrt) (Ci aco Eo.! o) i- () o @oa o (vod JJ culz uJa^:fIu, oEzf o =at,f0I!t ut oJG =r|l soGIq Fral ai zo Fou,o TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department June 13, 1994 A request for amendments to Section 18.57, Employee forth requirements for renting Employee Housing Units details in regard thereto. Housing, to set and setting forth Applicant: Planner: Town ol Vail Andy Knudtsen I. DESCRIPTION OF THE REOUEST In conversations with Town Council and Housing Authority recently, Town staff determined that there were a few minor changes that could be made to the employee housing ordinance to make it more effective. These include requiring that all employee housing units shall be rented and requiring that the rental rate be comparable to the markel rate. The proposed text below has been changed as discussed in the worksession with the Planning and Environmental Commission(PEC) onMay16, 1994. Thereisalsoaclarilicationinthecode pertaining to Type ll EHU's, which has also been included. II. PROPOSED CODE CHANGES Below is one section from the ordinance showing the proposed changes. The new text is shown in shade. The text that is proposed to be deleted is shown in everstrke. 18.57.020 Employee housing units (EHU) generally. A. A chart(2) attached to this chapter and incorporated herein by reference illustrates the requirements for each type of EHU. B. No employee housing unit which is constructed in accordance with this chapter shall be subdivided or divided into any lorm of time shares, interval ownerships, or fraclional fee. C. All types of EHU's maf shall be leasedrbu{+nly to tenants who are {ull{ime employees who work in Eagle County. An EHU shall not be leased for a period less than thirty consecutive days. For the purposes ol this section, a full-time employee is one who works an average ef a minimcrn of thirty hours each week. D. E. 1. A Type I EHU may be sold, transferred, or conveyed separately from any single-family or two-family dwelling it may be a part ol so long as it meets the conditions set forth in Section 18.57.040 B. 5 of this chaoter. 2. A Type ll EHU shall not be sold, transferred or conveyed separately from the single-family or two-family dwelling is located within or attached to. 3. A Type lll EHU may be sold, transferred, or conveyed separately from other dwelling units or employee housing units that may be located on the same lot or within the same building in which the Type lll EHU is located so long as it meets the condition set forth in Section 18.57.060 B, 11 of this chapter. 4. A Type lV EHU shall not be sold, translerred, or conveyed separately lrom other dwelling units or employee housing units that may be located on the same lot or within the same buibing in which the Type lV EHU is located. 5. A Type V EHU shall not be sold, transferred or conveyed separately from the single-family dwelling it may be located within or attached to. Reserved. No later than February 1 of each year, the owner of each employee housing unit within the town which is constructed following the effective date of this chapter shall submit two copies of a report on a form to be obtained from the Community Development Department, to the Community Development Department of the Town of Vail and Chairman of the Town of Vail Housing Authority setting torth evidence establishing that the employee housing unit has been rented throughout the year, the rental rate, and that each tenant who resides within {heir the employeee housing unit is a full-time employee of Eagle County. No property containing an EHU shall exceed the maximum GRFA permitted in Title 18 except as provided in Sections 18.57.040 84, 18.57.050 85 or 18.57.080 83 of this chapter. All trash facilities shall be enclosed. All surface parking shall be screened by landscaping or berms as per Design Review Guidelines, Section 18.54.050 D3. Any applicant who applies for a conditional use permit for the purpose of constructing employee housing, shall not be required to pay a conditional use permit application fee. F. H. \:, J. The provisions setforth in Section 18.57.020, subsections B, C, D, and E shallbe incorporated into a written agreement in a form approved by the town ailomey which shall run with the land and shall not be amended or terminated without the written approval of the Town of Vail. Said agreement shall be recorded at the county clerk and recorder office prior to the issuance of a building permit for the construction of an EHU. K. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit it may be attached to. L. (Ord.27 (1992) SS 1-3: Ord. 8 (1992) $ 4(part).) III. CLARIFICATION FOR TYPE II EHU'S Section 18.57.050 Type ll - Employee housing unit. A. Purpose. To allow for the construction of an EHU on lots in the single-family, two- family, and primary/secondary zone districts which meet the minimum lot size requirements for said zone districts. B. General conditions: It shall be a conditional use in the single-family residential, two-family residential and primary/secondary residential zone districts. It shall be permitted only on lots which comply with the minimum lot size requirements for total lot area of the zone district in which the lot is located. It shall be located within, or attached to, a single-family dwelling or be located within, or attached to, a tvvo{amily dwelling pursuant to Section 18.54.0401 - design guidelines duplex and primary/secondary development. lt may also be located in, or attached to, an existing garage provided the garage is not located within any setback, and further provided that no existing parking required by the Town of Vail Municipal Code is reduced or eliminated. # M. 1 2. e 4. lt shall not be counted as a dwelling unit for the purposes of calculating density. However, it shall contain kitchen facilities and a bathroom; as defined in Chapter 18.04 - Delinitions ot the Vail Municipal Code. lt shall be permitted to be a third dwelling unit in addition to the two dwelling units which may already exist on the lot. Only one Type ll EHU shall be allowed per lot. 5. lt shall have a GRFA not less than three hundred square feet, nor more than nine hundred square feet. An applicant, however, shall be permitted to apply to the Community Development Department of the Town of Vail for additional GRFA not to exceed five hundred square feet to be used in the construction of the EHU. The applicant shall submit an application for the additional GRFA on a form provided by the Community Development Department. Approval or denial of the request shall be made by the Design Review Board in accordance with Section 18.54.040. ll an applicant obtains Design Review Board approval for five hundred square feet of additional GRFA for the EHU, he or she shall not be entitled to receive additional GRFA pursuant to Chapter 18.71 - Additional Gross Residential Floor Area of this code for either unit on the lot. lf an applicant obtains Design Review Board approval for not more than two hundred fifty square feet of additional GRFA tor the EHU, he or she shall be entitled to receive additional GRFA pursuant to Chapter 18.71 - Additional Gross Residential Floor Area of this code for one dwelling unit on the lot. 6. lt shall have not more than two bedrooms. 7, Ne mere than twe adults and ene ehild net elder than sixteen years ef age shall reside in a ene bedreem TyBe ll EHU, Ne mere than tv/e adults and trye ehildren net elder than eixteen years ef age shall reeide in a tvye bedreem Type {r€}l{+ 8. Each Type ll EHU shall be required to have no less than one parklng space for each bedroom located therein. However, if a one bedroom Type ll EHU exceeds six hundred square teet, it shall have two parking spaces. All parking spaces required by this code shall be located on the same lot or site as the EHU. lf no dwelling exists upon the property which is proposed for a Type ll EHU at the time a building permit is issued, or if an existing dwelling is to be demolished and replaced by a new dwelling, not less than one of the parking spaces required by this subsection shall be enclosed. A three hundred square teet GRFA credit shall be allowed for the construction of one enclosed parking space for the Type ll EHU. (Ord. 8(1992) S 4(part).) IV. STAFF RECOMMENDATION Staff believes the proposed changes will make the Employee Housing Ordinance more effective. Because an effective ordinance will help the Town meet its Municipal Objectives, staff recommends approval. c: pec\memos\ohu.6l3 FfL t $trF if , Bob Armour made a motion to approve this request for a conditional use permit to allow for an employee housing unit per the staff memo with Jeff Bowen seconding this motion. A 7-0 vote approved this item. 6. A request for an amendment to Section 18.40, Special Development Districts, to eliminate the use of the SDD in certain zone districts. Applicant: Town of Vail Planner: Mike Mollica Mike Mollica briefly reviewed the request and stated that he could answer any questions the PEC had concerning the proposed amendments. Bob Armour made a motion to approve the requested amendment to Section 18.40, Special Development Districts per the staff memo with Jeff Bowen seconding this motion. Tom Braun stated that he did not undersland what was being gained as a result of the proposed amendment to Section 18.40. He felt that keeping the SDD as an option in the zone districts is beneficial. Mike Mollica stated that staff would most likely perform an overhaul on the entire section of the SDD code during the next six to nine months. Dalton Williams stated that he agreed with Tom's comment but he feels that the amendment was the right thing to do. Jeff Bowen seconded the motion and a 7-0 vote approved this item. 7. A request for amendments to Section 18.57, Employee Housing, to set forth requirements lor renting Emploi'ee Housing Units and setting toith details in regard thereto. Applicant: Town of VailPlanner: Andy Knudtsen/Krislan Pritz Kristan Pritz made a presentation per the staff memo. Concerning ltem M, Kathy Langenwalter suggested that the last sentence should read "within a market rate". Jeff Bowen stated that he felt lhe word "minimum" should be removed from ltem C in the last sentence. Tom Braun stated that he would like to see ltem 8 on Page 4 either eliminated or modified so that the parking was not required to be located on-site for an existing nonconforming unit. Planning and Erwironm.dtll Commillion Juno 13,1994 q Concerning ltem E, Dalton Williams stated lhat he would like to see the last senlence in this item eliminated. He felt the wording was too strong. He said that he would like the last sentence ol ltem M reworded to: "lf the unit is not rented and is not available at the market rate, then it shall be determined to be in noncompliance." Jeff Bowen stated that he still had a problem with ltem 7 on Page 4. He stated that the maximum age of the child should be lowered and questioned why this paragraph was necessary. Kathy Langenwalter asked what the purpose of ltem 7 was. Krislan Pritz stated it was added by the Council during the review of lhe original ordinance to address occupancy and the issue of occupants having children. The PEC reached a consensus that ltem 7 on Page 4 should be deleted. Kathy Langenwaller referred the PEC back to the last sentence in ltem E on Page 2 ol the staff memo. She felt this sentence was a compromise to let people know what the requirement was. Kristan Pritz stated that the last sentence of ltem E would be incorporated into the preceding sentence as: ".., that the employee housing unit has been rentecl. throughout the year, the rental rate, and that each tenant who resides within the employee housing unit is a full{ime employee of Eagle County.' Kathy Langenwalter reviewed the proposed changes with the PEC and staff. Jelf Bowen made a motion to approve the proposal with the recommended changes: ll(C) "an average of 30 hours eachweek."/ll(E) Remove lhe last sentence and add, "the rental rale, and that each ,.2 tenant..." ll(M) "lf the unit is not rented and is not available at the market rale." / lll(7) Remove lhis paragraph./ Greg Amsden seconding the motion. A 7-0 vote approved this item. 8. A request for a conditional use permit to allow for a Type ll Employee Housing Unit located at 4030 North Frontage Boad East, #DiLot 28, Pitkin Creek Mountain Townhomes. Applicant: Andrew M. Knudtsen Pfanner: Jim Curnutte TABLED TO JUNE 27,1994 Jetf Bowen made a motion to table this request until June 27,1994. Dalton Williams seconded the motion and a 7-0 vote tabled this item to the June 27, '|.994 PEC meeting. Pbnning .nd Envi,gnrDnt!l Commi..ion Jun.13.1994 10 ORDINANCE NO. 14, Series of 1994 Ffl_t cgPy AN ORDINANCE AMENDING CHAPTER 18.57, EMPLOYEE HOUSING, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, THE TOWN OF VAIL'S ECONOMY IS LARGELY TOURIST BASED AND THE HEALTH OF THIS ECONOMY IS BASED ON EXEMPLARY SERVICE FOR VAIL'S GUESTS. AND: WHEREAS, VAIL'S ABILITY TO PROVIDE SUCH SERVICES DEPENDENT UPON A STRONG. HIGH QUALIry AND CONSISTENTLY AVAILABLE WORK FORCE, AND; WHEREAS, THE AVAILABILITY OF HOUSING PLAYS A CRITICAL ROLE IN CREATING QUALITY LIVING AND WORKING CONDITIONS FOB THE COMMUNIW'S WORK FORCE. AND; WHEREAS, THE TOWN COUNCIL BELIEVES THAT THE FOLLOWING AMENDMENTS WILL MAKE THE EXISTING EMPLOYEE HOUSING ORDINANCE MORE EFFECTIVE. AND: WHEREAS, IN ACCORDANCE WITH SECTION 18.66.140, THE PLANNING AND ENVIRONMENTAL COMMISSION HAD A PUBLIC HEARING ON THE PBOPOSED ZONING AMENDMENT AND HAS SUBMITTED ITS RECOMMENDATION TO THE TOWN COUNCIL. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1 Section 18.57.020 - Emplovee housino units (EHU) oenerallv. A. A chart(2) attached to this chapter and incorporated herein by reference illustrates the requirements for each type of EHU. B. No employee housing unit which is constructed in accordance with this chapter shall be subdivided or divided into any form of time shares, interval ownerships, or fractional fee. C. All types of EHU's may shall be leasedrbc+nly to tenants who are full{ime employees who work in Eagle County. An EHU shall not be leased for a period less than thirty consecutive days. For the purposes of this section, a full-time employee is one who works an average of thirty hours each week. 1. A Type I EHU may be sold, transferred, or conveyed separately lrom any singleJamily or two-family dwelling it may be a part of so long as it meets the conditions set forth in Section 18.57.040 B, 5 of this chapter. 2. A Type ll EHU shall not be sold, lransferred or conveyed separately from the single-family or two-family dwelling is located within or attached to. 3. A Type lll EHU may be sold, transferred, or conveyed separately from other dwelling units or employee housing units that may be located on the same lot or within the same building in which the Type lll EHU is located so long as it meets the condition set torth in Section 18.57.060 B, 1 1 of this chapter. 4. A Type lV EHU shall not be sold, transferred, or conveyed separately lrom other dwelling units or employee housing units that may be located on the same lot or within the same building in which the Type lV EHU is located. 5. A Type V EHU shall not be sold, transferred or conveyed separately from the single-family dwelling it may be located within or attached to. D. Reserved. E. No later than February 1 of each year, the owner of each employee housing unit within the town which is constructed following the effective date of this chapter shall submit two copies of a report on a form to be obtained from the Community Development Department, to the Community Development Department of the Town of Vail and Chairman of the Town of Vail Housing Authority setting forth evidence fental fale; andrr:that each tenant who resides within {heir tft,s employees housing unit is a full-time employee of Eagle County. F. No property containing an EHU shall exceed the maximum GRFA permitted in Title 18 except as provided in Sections 18.57.040 84, 18.57.050 85 or 18.57.080 83 of this chapter. G. All trash facilities shall be enclosed. H. All surface parking shall be screened by landscaping or berms as per Design Review Guidelines. Section 18.54.050 D3. l. Any applicant who applies for a conditional use permit for the purpose of constructing employee housing, shall not be required to pay a conditional use permit application fee. J. The provisions set forth in Section 18.57.020, subsections B, C, D, and E shall be incorporated into a written agreement in a form approved by the town attorney which shall run with the land and shall not be amended or terminatgd without the written approval of the Town of Vail. Said agreement shall be recorded at the county clerk and recorder office prior to the issuance of a building permit for the construction of an EHU. K. Each EHU shall have its own entrance. There shall be no interior access lrom any EHU to any dwelling unit it may be attached to. t. llherclllhei:ro{.eb0t.El{!iJ bhall ren!;!he Uhit at a m0nthly rehtAt:::rate cun$istent with,tlio$E maiket,,,rates,,,pr,ev4ent for slrnilar propgrtles in dr,e.Town 0f,Vait;,... .M: The l[,lg6qn ,of,Val!:,,1{ouslng Autfioiity Will deterrnino the,mafh0t rala:bas$d.,on.i.th€ study :oil.. uthbf,:,unlts ',0f.icomparable, size; .,lobation, qu.alilt|t and ernehlfiesl:th10ttg:hou1 the T,oWn, ,,Ttle mafketrrate,:,shall be bas€d.i0h an averAg.ei:.0t.a.mifllmum.. of ifit/e:.rstttal'. r.el6s of cornparabfe uinits; lf tfrb unlt,is,ilot:rgnted:and::i$ not avallf,hl€ ra! the:fiaEkcJ faterit $hall ho dstennined to be i,n :::n0floornpllanoe, Section 2 Section 18.57.050 Tyoe ll - Emplovee housino unit. A. Purpose. To allow for the construction ot an EHU on lots in the single-family, two{amily, and primary/secondary zone districts which meet the minimum lot size requirements for said zone districts. B. General conditions: '1. lt shall be a conditional use in the single{amily residential, twojamily residential and primary/secondary residential zone districts. 2. lt shall be permitted only on lots which comply with the minimum lot size requirements for total llotlafea of the zone district in which the lot is located. 3. lt shall be located within, or attached to, a single-family dwelling or be located within, or attached to, a two-family dwelling pursuant to Section 18.54.0401 - design guidelines duplex and primary/secondary development. lt may also be located in, or attached to, an existing garage provided the garage is not located within any setback, and further provided that no existing parking required by the Town ol Vail Municipal Code is reduced or eliminated. 4. lt shall not be counted as a dwelling unit for the purposes of calculating density. However, it shall contain kitchen facilities and a bathroom; as defined in Chapter 18.04 - Definitions of the Vail Municipal Code. lt shall be permitted to be a third dwelling unit in addition to the two dwelling units which may already exist on the lot. Only one Type ll EHU shall be allowed per lot. 5. lt shall have a GRFA not less than three hundred square feet, nor more than nine hundred square feet. An applicant, however, shall be permitted to apply to the Community Development Department of the Town of Vail for additional GRFA not to exceed five hundred square feet to be used in the construction of the EHU. The applicant shall submit an application for the additional GRFA on a form provided by the Community Development Department. Approval or denial of the request shall be made by the Design Review Board in accordance with Section 18.54.040. lf an applicant obtains Design Review Board approval for five hundred square feet of additional GRFA for the EHU, he or she shall not be entitled to receive additional GRFA pursuant to Chapter 18.71 - Additional Gross Residential Floor Area of this code for either unit on the lot. lf an applicant obtains Design Review Board approval for not more than two hundred fifty square feet of additional GRFA for the EHU, he or she shall be entifled to receive additional GRFA pursuant to Chapter 18.71 - Additional Gross Residential Floor Area of this code for one dwelling unit on the lot. 6. lt shall have not more than two bedrooms. 7, Ne mere than twe adults and ene ehild net elder than eixteen years ef age ehall 8. Each Type ll EHU shall be required to have no less than one parking space for each bedroom located therein. However, if a one bedroom Type ll EHU exceeds six hundred square feet, it shall have two parking spaces. All parking spaces required by this code shall be located on the same lot or site as the EHU. lf no dwelling exists upon the property which is proposed for a Type ll EHU at the time a building permit is issued, or if an existing dwelling is to be demolished and replaced by a new dwelling, not less than one of the parking spaces required by this subsection shall be enclosed. A three hundred square feet GRFA credit shall be allowed for the construction of one enclosed parking space lor the Type ll EHU. Section 3 lf any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not eflect 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 ol the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4 The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and wellare of the Town of Vail and the inhabitants thereof. Section 5 The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the eflective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under of by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6 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 lN FULL, this _ day of 1994. A public hearing shall be held hereon on the _ day of 1994, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Margaret A. Osterfoss, Mayor ATTEST: Holly McCutcheon, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this _ day of _, 1994. Margaret A. Osterfoss, Mayor ATTEST: Hotly McCutcheon, Town Clerk o R II E P 9 o (D E (D.= o o) .9= 0)oo o )< oq,o o(t (Eotr at, =Ito C) ciat lr,(\lsl oo o(") O EET:(U 0_o\J o)(/) (/) -i2 =5 612 EO>o ciU' ro(\l{ *Fr .^o hH^8t5Eq,tf) Or >tr Hg(,6 r-o es(d9*E F-o oo(U o-o '$-"E i#HH cOr IlSo:EaEO-ltE TL u-II o oo) )< 6)=lJ- igr$z *$ $$*cldrz rf z iggs z (\l (\l z z >'goo 3sE<.b < (I) TLo O lIJ(L O LIJ(L () utL co Go CL a.gocgo ,oc,o. EeE s€E oz oo oz oz oto C\l 6o oo oz oz U'o U'tro ()<E =ot!ogE o.*_o: sf;Pi9tr+E(, F ci U' Oo,oo(f) ciooOo, Orf)s ciU' o(fJ oo C\l qo ot O ;ri EEpt 8.e q q O qo (f) C) a?o q sFr (d oP(/)-^orf,J- -OEO:o-.E ro =E z z oo\ N Eo'Eo =5-gfi.Y'P -F60Ni5A c (E LL o =Fa L =..>E> X-= (!(!XEII Ear si cQt= F"&,HK n-B eF8fis6DOea PE$ES o.- B +F8fis6DOaA PEH8* .q qr(D .!z p =EI(r rO =*IIJ F oo- F =o F =oo F- o o_ F oo- F c-.o 9()C'6,()o + NrO ct rf) F* u? @ @q N u? @ r\ NrO dt o@q N u? @ EulzuIo =T I,IJ aEzf ozo =oI lrl UJ o o. =ul oNq rl) trt zI o IJJo ORDINANCE NO. 14, Series ol 1994 tFIr-t AN ORDINANCE AMENDING CHAPTER 18.57, EMPLOYEE HOUSING, AND SETTING FORTH DETAILS IN BEGARD THERETO. WHEREAS, THE TOWN OF VAIL'S ECONOMY IS LARGELY TOURIST BASED AND THE HEALTH OF THIS ECONOMY IS BASED ON EXEMPLARY SERVICE FOR VAIL'S GUESTS. AND: WHEREAS, VAIL'S ABILITY TO PROVIDE SUCH SERVICES DEPENDENT UPON A STRONG, HIGH QUALIry AND CONSISTENTLY AVAILABLE WORK FORCE. AND; WHEREAS, THE AVAILABILIry OF HOUSING PLAYS A CRITICAL ROLE IN CREATING QUALITY LIVING AND WORKING CONOITIONS FOR THE COMMUNIW'S WORK FORCE, AND; WHEREAS. THE TOWN COUNCIL BELIEVES THAT THE FOLLOWING AMENDMENTS WILL MAKE THE EXISTING EMPLOYEE HOUSING ORDINANCE MORE EFFECTIVE, AND; WHEREAS, IN ACCORDANCE WITH SECTION 18.66.140, THE PLANNING AND ENVIRONMENTAL COMMISSION HAD A PUBLIC HEARING ON THE PROPOSED ZONING AMENDMENT AND HAS SUBMITTEO ITS RECOMMENDATION TO THE TOWN COUNCIL. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1 Section 18.57.020 - Emoloyee housino units (EHU) qenerally. A. A chart(2) attached to this chapter and incorporated herein by r€terence illustrates the requirements for each type ol EHU. B. No employee housing unil which is constructed in accordance with this chapter shall be subdivided or divided into any lorm ol time shares, interval ownerships, or fractional lee. C. All types of EHU'S Fney shall be leased+sl-€€t to tenants who are lull-time employees who work in Eagle County. An EHU shall not be leased tor a period less than thirty consecutivs days. For the purposes ot this section, a full-time employee is one who works an average et-a-siRimsm ol thirty hours each week. COP Y 1. A Type I EHU may be sold, transterred, or conveyed separat€ly from any singlg{amily or tr o{amily dw€lling it may b€ a parl of so long as il meets the conditions set torlh in Section 18.57.040 B,5 ol this chapter. 2. A Type ll EHU shall not bs sold, translerr€d or conveyed separately lrom the single{amily or twojamily dwelling is located within or attached to. 3. A Type lll EHU may be sold, transferred, or conveyed separately lrom other dwolling units or employEE housing units that may be locatd on lhe same lot or within th€ same building in which the Type lll EHU is located so long as it mests lhe condition set lorth in Section 18.57.060 B, 11 ot lhis chapter. 4. A Type lV EHU shall not be sold, transferred, or conveyed separately lrom other dwelling units or employee housing units that may be localed on the same lot or within the same building in which tho Type lV EHU is locatsd. 5. A Typo V EHU shall not be sold, transferred or conveyed separately from the singl€{amily dwelling it may be located within or attached to. D. Reserved. E. No later lhan February 1 ol each ygar, the owner ol each employee housing unit within lhe town which is conslructed lollowing the elfective date of this chapler shall submit two copios ol a rsport on a lorm to be obtaingd from the Community Development DepartmEnl, lo the Community Developmenl Department ol the Town ot Vail and Chairman ol th€ Town of Vail Housing Authority setting torth evidenc€ establishing that the employoe housing unit has bo6n rented lhroughout the y6ar, the rental rate, and lhal each tenant who resides within th€k th€ employees housing unil is a fulFlime employe€ ol Eagle County. F. No property conlaining an EHU shall €xc€ed the maximum GRFA permitted in Title 18 €xcspl as provided in Sections 18.57.040 84, 18.57.050 85 or 18.57.080 83 of this chapter. G. All trash laciliti€s shall bE enclos€d. H. All surfacs parking shall bE scrEened by landscaping or berms as per Design Review Guidelines, Section 18.54.050 D3. '4 l. Any applicant who applies lor a conditional use permit for the purpose ol constructing employee housing, shall nol be required to pay a conditional use permil application fee. J. The provisions set lorlh in Section 18.57.020, subseclions B, C, D, and E shall be incorpo.aled into a wrillen agreement in a form approved by lhe town attorney which shall run with th€ land and shall not be amended or terminated without the written approval ol the Town ol Vail. Said agreement shall be recorded at lhe county clerk and recorder otfice prior lo the issuancs of a building p€rmit for lhe conslruction ol an EHU. K. Each EHU shall have ils own entrance. There shall bs no interior access from any EHU to any dwelling unit it may be attached to. L. The owner of oach EHU shall rent ths unit at a monthly rontal rate conslstent with those markol ral€s prevalent lor similar FopertiEs in th6 Town of Vall. n* M. Tho Town of V€l! Housing Authorlty wlll determin€ the market rate basBd on the study of other units of comparable 6lze, locatlon, quality and amenlties Urougheut lho Town. The markel rate shall b€ based on an avoraoe ol a mlnimum of live r€ntal rates ot comparable units, ll h6 unit is not rented ar|d is not avallable at the market rate it shall bo determined lo be in noncomplianc€. S€clion 2 Section 18.57.050 Tvpe ll - Emolovee housinq unit. A. Purpose. To allow lor the construclion ol an EHU on lots in the single-family, two-tamily, and primary/s€condary zon€ dislricts which meet lhe minimum lot size requirements for said zone dislricts. B. General conditions: 1. lt shall be a conditional use in lhe single{amily residential, two{amily residential and primary/secondary residential zone districts. 2. lt shall be permilled only on lols which comply with the minimum lot size requirements for total l0l area ol the zone dislricl in which the lot is located. 3. lt shall be located within, or attached to, a single{amily dwelling or be located within, or attached lo, a two-family dwelling pursuant lo Section 18.54.0401 - design guidelines duplex and primary/secondary development. lt may also be located in, or attached to, an existing garage provided the garage is not located within any setback, and further provided that no €xisting parking required by lhe Town of Vail Municipal Code is reduced or eliminated. 4. lt shall not be counted as a dwelling unit for the purposes ot calculating density. However, it shall contain kitchen facilities and a bathroom: as delined in ChaDter 18.04 - Definitions ol the Vail Municipal Code. lt shall be permitted to be a third dvvelling unit in addition to the two dwelling units which may already exist on the lot. Only one Type ll EHU shall be allowed per lot. 5. lt shall have a GRFA not less than lhree hundred square leet, nor more than nine hundred square feet. An applicant, however, shall be permitted to apply to the Community Developmenl Departmenl of the Town of Vail for additional GRFA not to exceed five hundred square feet to be used in the conslruclion of the EHU. The applicant shall submit an application lor ths additional GRFA on a form provided by th€ Community Developmenl Departmenl. Approval or denial of the request shall be made by the Design Review Board in accordance with Section 18.54.040. ll an applicanl obtains Design Review Board approval lor five hundred square feet of additional GRFA for the EHU, he or she shall not be entitled to receive additional GRFA pursuant to Chapter 18.71 - Additional Gross Residential Floor Area ol this code for eilher unit on the lot. lf an applicant obtains Oesign Review Board approval tor not more than two hundred fitty square leel ol additional GRFA lor the EHU, he or she shall be entitled to receive additional GRFA pursuant to Chapter 18.71 - Additional Gross Residential Floor Area of this code for one dwglling unit on the lot. 6. lt shall have not more than two bedrooms. 7, Ne mere than tvrs aCult6 and €ns child net gldsr than sixteen y€a'c ef age 6hall elC€r than sixtesn y€ars el age shall r€side in a twe b€Cre€m Type ll EHU, 8. Each Type ll EHU shall be required to have no less than one parking space for each bedroom located therein. However, il a one bedroom Type ll EHU exceeds six hundred square feet, it shall have two parking spaces. All parking spaces required by this code shall b€ located on lhe same lot or sile as the EHU. lt no dwelling sxists upon lhe property which is proposed lor a Type ll EHU at the time a building permit is issued, or il an sxisting dwelling is to be demolished and replaced by a new dwelling, not less lhan one ol the parking spaces required by this subsection shall be enclosed. A lhree hundred square fsel GRFA credit shall be allowed lor lhe construclion ol onE enclosed parking spacE for ths Type ll EHU. Seclion 3 lf any part, seclion, subsection, sentence, clause or phrase ot this ordinance is for any reason held to be invalid, such d€cision shall not ellect the validily ol the remaining porlions of this ordinance; and lhe Town Council hereby declar€s it would have passed lhis ordinance, and each part, section, subsection, senlence, claus€ or phrase thereol, regardless ol the lact that any one or more parts, s€ctions, subsections, senlences, clauses or phrases be declared invalid. Section 4 The To/vn Council hereby finds, d€t€rmin€s and declares that this ordinance is necessary and proper lor the health, salety and wellare ol the Town ol Vail and the inhabitants thereof. Section 5 The repeal or thE repeal and reenactment of any provision of lhe Vail Municipal Cods as provided in this ordinance shall not atlsct any right which has accrued, any duty imposed, any violation that occunsd prior to the eflective date hereol, any prosecution commenced, nor any other aclion or proceedirE as commenced under of by virtue of the provision repeal€d or repealed and reenacted. The repeal of any provision hereby shall nol revive any provision or any ordinance previously repealed or superseded unless expressly stiated herein. Section 6 All bylaws, orders, rEsolulions and ordinances, or parts thereot, inconsisient hera,vith are repealed to the extent only of such inconsistency. This repealer shall nol be construod to rsvis€ any bylaw, order, resolution or ordinance, or part th€reof, therstofore repealed. :. ,,^.INTRODUCED, READ ON FIBST READING, APPROVED ANO OROEFED PUBLISHED ONCE lN FULL, this _ day of - 1994. A public hearlng shall b€ held hereon on lhe _ day ol - 1994, at the regular meotng ot the Town Council of the Town ol Vall, Colorado, In the Munlcipal Building of the To\,n. Margaret A. Osterloss, Mayor ATTEST: Holly ltlcCubheon, Town Cl€rk READ AND APPROVED ON SECONO READING AND ORDERED PUBLISHED hb _day ol _, 1994. Margarst A. Osterloss, Mayor ATTEST: Holly llccuhheon, Town Clerk tnco Eo.= oo .9=EI CL o c, oo)a c) C'o .L d =Ito(t ct ro o,l o(', o Fb€ 5 s** 3 Frz== =o56 3 b9 '.= tt =0)55 root* ;FI -g$ Il)OF EE8t F.cI >F H88E F-o oo(! o .3!!6 (J-o= :HHH Col 9'6 q' !-|!OY t|. 't :ttL u-IL c(|) a0) Yc)IL ier s z *$ $$<c!ctZ {z igFi z OJ (\l z z >Ego & e'3<:< dlco o uJ C)t!O uJ.L d)Eo o. E.gogcotooo. €rBo st6 $€E oz (,oz z oao(\|o oq,oz oz o q,c .9 (J<E =ot! oroE ;Er+E(, ct ooo,oo <r) o (D (o\t ooo(9 ooo| oo(\l o ;s EEpE88 e c u?o ("(',clo c gFr g(s ,-o a--tD lf, EO =o--Elr)cF =E z z o@N. ol C) EO =5e€i 5s: 3 E(5 TL o;F U' (L =>E> x't rE g,E,F ! :iclgF 8o*ii t n-H eF8$s fiE$eH r-H eF8$s fiE$gfr .g PP =0trcc -O =CLUIF 0)o- r =o CL (t F o F o F Eg orfo f- u? @ o ra)q Nrf)d C) @IF.rt cd oNq N u? @ o@o r-rr) Gd JJ Euz uJ at DIltl U'Ezf(,z(t foI trJt! oJo- =UJ ct q Fratqt zo Foulo TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department June 13, 1994 A request for amendments to Section 18.57, Employee forth requirements for renting Employee Housing Units details in regard thereto. Housing, to set and setting forth Applicant: Planner: Town of Vail Andy Knudtsen I. DESCRIPTION OF THE REQUEST In conversations with Town Council and Housing Authority recently, Town staff determined that there were a lew minor changes that could be made to the employee housing ordinance to make it more effective. These include requiring that all employee housing units shall be rented and requiring that the rental rate be comparable to the market rate. The proposed text below has been changed as discussed in the worksession with the Planning and Environmental Commission (PEC) on May 16, 1994. There is also aclarification in the code pertaining to Type ll EHU's, which has also been included. II. PROPOSED CODE CHANGES Below is one section from the ordinance showing the proposed changes. The new text is shown in shade. The text that is proposed to be deleted is shown in everstrike. 18.57.020 Employee housing units (EHU) generally. A. A chart(2) attached to this chapter and incorporated herein by reference illustrates the requirements for each type of EHU. B. No employee housing unit which is constructed in accordance with this chapter shall be subdivided or divided into any form of lime shares, interval ownerships, or lractional fee. C. All types of EHU's me+ shall be leased*u{+nl} to tenants who are full-time employees who work in Eagle County. An EHU shall not be leased lor a period less than thirty consecutive days. For the purposes of this section, a full-time employee is one who works an average ol thirty hours each week. D. E. 1. A Type I EHU may be sold, transferred, or conveyed separately from any single-family or two-family dwelling it may be a part of so long as it meets the conditions set forth in Section 18.57.040 B, 5 of this chapter. 2. A Type ll EHU shall not be sold, transferred or conveyed separately from the single-family or two-family dwelling is located within or attached to. 3. A Type lll EHU may be sold, transferred, or conveyed separately from other dwelling units or employee housing units that may be located on the same lot or within the same building in which the Type lll EHU is located so long as it meets the condition set forth in Section 18.57.060 B, 11 of this chapter. 4. A Type lV EHU shall not be sold, transferred, or conveyed separately from other dwelling units or employee housing units that may be located on the same lot or within the same building in which the Type lV EHU is located. 5. A Type V EHU shall not be sold, translerred or conveyed separately from the single-family dwelling it may be located within or attached to. Reserved. No later than February 1 of each year, the owner of each employee housing unit within the town which is constructed following the effective date of this chapter shall submit two copies of a report on a form to be obtained from the Community Development Department, to the Community Development Department of the Town of Vail and Chairman ol the Town of Vail Housing Authority setting forth evidence establishing that the employee housing unit has been rented throughout the year, the rental rat6, and that each tenant who resides within their the employees housing unit is a full-time employee of Eagle Gounty. No property containing an EHU shall exceed the maximum GRFA permitted in Title 18 except as provided in Sections 18.57.040 84, 18.57.050 85 or 18.57.080 83 of this chapter. All trash facilities shall be enclosed. H. All surlace parking shall be screened by landscaping or berms as per Design Review Guidelines, Section 18.54.050 D3. Any applicant who applies for a conditional use permit for the purpose of constructing employee housing, shall not be required to pay a conditional use permit application fee. F. \.2. J. Theprovisions setforth in Section 18.57.020, subsections B, C, D, and E shall be incorporated into a written agreement in a form approved by the town attorney which shall run with the land and shall not be amended or terminated without the written approval of the Town of Vail. Said agreement shall be recorded at the county clerk and recorder office prior to the issuance of a building permit for the construction of an EHU. K. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit it may be attached to. L. The owner of each EHU shall rent the unit at a monthly rontal rat€ consistent with those market rates prevalent for similar properties in the Town of Vail. M. The Town of Vail Housing Authority will determine the market rate based on the study of other units of comparable size, location, quality and amenities throughout the Town. The market rate shall be based on an average ol a minimum of five rental rates of comparable units. ll the unit is not rented and is not available at the market rate it shall be determined to be in noncompliance. (Ord.27 (1992) SS 1-3: Ord. I (1992) S 4(part).) III. CLARIFICATION FOR TYPE II EHU'S Section 18.57.050 Type ll - Employee housing unit. A. Purpose. To allow for the construction ot an EHU on lots in the single-family, two- family, and primary/secondary zone districts which meet the minimum lot size requirements for said zone districts. B. General condilions: 1. lt shall be a conditional use in the single{amily residential, two-family residential and primary/secondary residential zone districts. 2. lt shall be permitted only on lots which comply with the minimum lot size requirements for total lot area of the zone district in which the lot is located. 3. lt shall be located within, or attached to, a single{amily dwelling or be located within, or attached to, a WvoJamily dwelling pursuant to Section 18.54.0401 - design guidelines duplex and primary/secondary development. lt may also be located in, or attached to, an existing garage provided the garage is not located within any setback, and lurther provided that no existing parking required by the Town of Vail Municipal Code is reduced or eliminated. 4. lt shall not be counted as a dwelling unit for the purposes of calculating density. However, it shall contain kitchen lacilities and a bathroom: as delined in Chapter 18.04 - Definitions of the Vail Municipal Code. lt shall be permitted to be a third dwelling unit in addition to the two dwelling units which may already exist on the lot. Only one Type ll EHU shall be allowed per lot. 5. lt shall have a GRFA not less than three hundred square feet, nor more than nine hundred square feet. An applicant, however, shall be permitted to apply to the Community Development Department of the Town of Vail for additional GRFA not to exceed five hundred square feet to be used in the construction of the EHU. The applicant shall submit an application for the additional GRFA on a form provided by the Community Development Department. Approval or denial of the request shall be made by the Design Review Board in accordance with Section 18.54.040. lf an applicant obtains Design Review Board approval lor five hundred square feet of additional GRFA for the EHU, he or she shall not be entitled to receive additional GRFA pursuant to Chapter 18.71 - Additional Gross Residential Floor Area of this code for either unit on the lot. lf an applicant obtains Design Review Board approval for not more than two hundred fifty square feet of additional GRFA for the EHU, he or she shall be entitled to receive additional GRFA pursuant to Chapter 18.7'l - Additional Gross Residential Floor Area of this code for one dwelling unit on the lot. 6. lt shall have not more than two bedrooms. 7, Ne mere than twe adslte and ene ehilC net elder than sixteen yeare ef age ehall reside in a ene bedreem Type ll EHU, Ne mers than twe adulte and ttYe ehildren net elCer than eixteen yeare ef age shall reside in a twe bedreem Type .u+I.+tJ' 8. Each Type ll EHU shall be required to have no less than one parking space for each bedroom located therein. However, if a one bedroom Type ll EHU exceeds six hundred square feet, it shall have two parking spaces. All parking spaces required by this code shall be located on the same lot or site as the EHU. lf no dwelling exists upon the property which is proposed for a Type ll EHU at the time a building permit is issued, or if an existing dwelling is to be demolished and replaced by a new dwelling, not less than one ol the parking spaces required by this subsection shall be enclosed. A three hundred square feet GBFA credit shall be allowed for the construction of one enclosed parking space for the Type ll EHU. (ord. 8(1ee2) S 4(part).) IV. STAFF RECOMMENDATION Staff believes the proposed changes will make the Employee Housing Ordinance more effective. Because an effective ordinance will help the Town meet its Municipal Objectives, stalf recommends approval. c:\pec'\memos\ehu.61 3 Ff{"f fr0Py Bob Armour made a motion to approve this request for a conditional use permit to allow for an employee housing unit per the staff memo with Jeff Bowen seconding this motion. A 7-0 vote approved this item. 6. A request for an amendment to Section 18.40, Special Development Districts, to eliminate the use of the SDD in certain zone districts. Applicant: Town ol Vail Planner: Mike Mollica Mike Mollica briefly reviewed the request and stated that he could answer any questions the PEC had concerning th€ proposed amendments. Bob Armour made a motion to approve the requested amendment to Section 18.40, Special Development Districts per the stalf memo with Jeff Bowen seconding this motion. Tom Braun stated that he did not understand what was being gained as a result of the proposed amendment to Section 18.40. He felt that keeping the SDD as an option in the zone districts is beneficial. Mike Mollica stated that statf would most likely perform an overhaul on the entire section of the SDD code during the next six to nine months. Dalton Williams stated that he agreed with Tom's comment but he feels that the amendment was the right thing to do. Jeff Bowen seconded the motion and a 7-0 vote approved this item.7 ilnffi:j?Jil:lLffi"F',.l' ,'13'll,"n",o lhereto. Applicant: Town of Vail Planner: Andy Knudtsen/Kristan Pritz Kristan Pritz made a presentation per the staff memo. Conceming ltem M, Kathy Langenwalter suggested that the last sentence should read "within a market rale". Jeff Bowen stated that he felt the word "minimum" should be removed from llem C in the last sentence. Tom Braun stated that he would like to see ltem I on Page 4 either eliminated or modified so that the parking was nol required to be located on-site for an existing nonconforming unit. Pllnning and Envlronm.ntrl Commillion June l3. 1904 \ Concerning ltem E, Dalton Williams stated that he would like to see the last sentence in this item eliminated. He felt the wording was too strong. He said that he would like the last sentence of ltem M reworded to: "lf the unit is not rented and is not available at the market rate, then it shall be determined to be in noncompliance." Jeff Bowen stated that he still had a problem with ltem 7 on Page 4. He stated that the maximum age ol the child should be lowered and questioned why this paragraph was necessary. Kathy Langenwalter asked what the purpose of ltem 7 was. Kristan Pritz stated it was added by the Council during the review of the original ordinance to address occupancy and the issue of occupants having children. The PEC reached a consensus that ltem 7 on Page 4 should be deleted. Kathy Langenwalter referred the PEC back to the last sentence in ltem E on Page 2 of the staff memo. She felt this sentence was a compromise to let people know what the requirement was. Kristan Pritz stated that the last sentence of ltem E would be incorporated into the preceding senlence as: "... that the employee housing unit has been rented throughout the year, the rental rate, and that each tenant who resides within the employee housing unit is a full-time employee of Eagle County." Kathy Langenwalter reviewed the proposed changes with the PEC and staff. Jeff Bowen made a motion to approve the proposal with the recommended changes: ll(C) "an average of 30 hours eachweek."t/ ll(E) Remove the last sentence and add, "the rental rate, and that each / tenant..." ll(M) "lf the unit is not rented and is not available at the market rate." / lll(7) Remove this paragraph.Tz- Greg Amsden seconding the motion. A 7-0 vote approved this item. 8. A request for a conditional use permit to allow for a Type ll Employee Housing Unit located at 4030 North Frontage Road East, #D/Lot 28, Pitkin Creek Mountain Townhomes. Applicant: Andrew M. Knudtsen Pfanner: Jim curnutte TABLED TO JUNE 27,1994 Jelf Bowen made a motion to table this request until June 27, 1994. Dalton Williams seconded the motion and a 7-0 vote tabled this item to the June 27, 1994 PEC meeting. Plrnning lnd Envlronment!l Commi3tion Junc 13. 1994 10 TO: FROM: DATE: SUBJECT MEMORANDUM Planning and Environmental Commission Community Development Department r r,i June 13. 1994 A request for amendments to Section 18.57, Employee Housing' to set forth requirements for renting Employee Housing Units and setting forth details in regard thereto. Applicant: Planner: Town of Vail Andy Knudtsen I. DESCRIPTION OF THE REOUEST In conversations with Town Council and Housing Authority recently, Town staff determined thal there were a few minor changes that could be made to the employee housing ordinance to make it more effective. These include requiring that all employee housing units shall be r:ented and requiring that the rental rate be comparable to the market rate. The proposed text below has been changed as discussed in lhe worksession with the Planning and Environmental Commission (PEC) on May 16, 1994. There is also a clarification in the code pertaining to Type ll EHU's, which has also been included. II. PROPOSED CODE CHANGES Below is one section from the ordinance showing the proposed changes. The new text is shown in shad€. The text that is proposed to be deleted is shown in €,Y€#€trike. 18.57.020 Employee housing units (EHU) generally. A. A chart(2) attached to this chapter and incorporated herein by reference illustrates the requirements tor each type of EHU. B. No employee housing unit which is constructed in accordance with this chapter shall be subdivided or divided into any form of time shares, interval ownerships, or fractional fee. C. All types of EHU's ssy shsll be leased;but+nly to tenants who are fulllime employees who work in Eagle County. An EHU shall not be leased for a period less than thirty consecutive days. For the purposes of this section, a full-time employee is one who works an average.of-a-minirnum ol thirty hours each week. I I\ .- /'t'z '/ '> r)' ' (< \.\\ r nt/ 1. A Type I EHU may be sold, transferred, or conveyed separately from any single{amily or two-family dwelling it may be a part of so long as it meets the conditions set forth in Section 18'57.040 B' 5 of this chapter. 2. A Type ll EHU shall not be sold, transferred or conveyed separately from the single-family or two{amily dwelling is located within or attached to. 3. A Type lll EHU may be sold, transferred, or conveyed separately from other dweliing units or employee housing units that may be located on the same lot or within the same building in which the Type lll EHU is located so long as it meets the condition set forth in section 18.57.060 B, 11 of this chapter. 4. A Type lv EHU shall not be sold, transfened, or conveyed separately from othei dwelling units or employee housing units that may be located on the same lot or witnin the same building in which the Type lv EHU is located. 5. A Type V EHU shall not be sold, translerred or conveyed separately lrom the single-family dwelling it may be located within or attached to' Reserved. .,/ )rt,,t , )-" - '4v i )--', ;.,,' I'F t ,-oir,D. E.No later than February 1 of each year, the owner of each employee housi it within the town which is constructed following the effective date ot this chapter submit two copies of a report on a form to be obtained from the Community Department, to the Community Development Department of the lot'n of Vail and Chairman ol the Town of Vail Housing Authority setting forfrl establishing that the employee houslng unit has been rented throughout the year.6nd that each tenant who resides within {heir the employeee housing unit is a full-time employee of Eagle No property containing an EHU shall exceed the maximum GRFA permitted in Title 18 except as provided in sections 18.57.040 84, 18.57.050 85 or 18.57.080 83 of this chapter. All trash facilities shall be enclosed. All surface parking shall be screened by landscaping or berms as per Design Review Guidelines, Section 18.54.050 D3. Any applicant who applies for a conditional use permit for the purpose of constructing employee housing, shall not be required to pay a conditional use permit application fee. i I - \L'-tl)" / F. G. H. t't ,! ;*ll;, 1 ',k t County. fie owner otlh€ uOit the rate hds by'en c2r{sistent w 18.67,(2a$Y ,./ a I I The provisions setforth in Section 18.57.020, subsections B, C, D' and E shallbe incorporated into a written agreement in a form approved by the town attorney which shall run with the land and shall not be amended or terminated without the written approval of the Town of Vail. Said agreement shall be recorded at the county clerk and recorder office prior to the issuance of a building permit for the construction of an EHU. Each EHU shall have its own entrance. There shall be no interior access from any EFIU to any dwelling unit it may be attached to. The owner of sach EHU shall renl the unit at a monthly rental rats consistent with those market rates prevalent for similar properties in the Town of Vail' The Town of Vail Housing Authority witl detennine the market rate based on the study of other units of comparable size, location, quality and amenities lhroughout the Town. The market raie shall be based on an average ol a minimur,n of live rental rates of 'i t\,, .,1 t'."/,'l r III. CLARIFICATION FOR TYPE II EHU'S Section 18.57.050 Type ll - Employee housing unit. A. Purpose. To allow for the construction of an EHU on lots in the single{amily, two- lamily, and primary/secondary zone districts which meet the minimum lot size requirements for said zone districts. B. General conditions: 'l . lt shall be a conditional use in the single-family residential, two{amily residential and primary/secondary residential zone districts. 2. lt shall be permitted only on lots which comply with the minimum lot size requirements for total lot area of the zone district in which the lot is located. 3. lt shall be located within, or attached to, a single-tamily dwelling or be located within, or attached to, a tvvo-tamily dwelling pursuant to Section 18.54.0401 - design guidelines duplex and primary/secondary development. lt may also be located in, or attached to, an existing garage provided the garage is not located within any setback, and lurther provided that no existing parking required by the Town of Vail Municipal Code is reduced or eliminated. 4. lt shall not be counted as a dwelling unit for the purposes of calculating density. However, it shall contain kitchen lacilities and a bathroom; as defined in Chapter 18.04 - Definitions of the Vail Municipal Code. lt shall be permitted to be a third dwelling unit in addition to the two dwelling units which may already K. L, M. comparable units. lf the unit is not rented determined to be in noncompliance. (ord.27 (1eez) SS 1-3: Ord. I (1s92) S 4(part).) a I exist on the lot. Only one Type ll EHU shall be allowed per lot. 5. lt shall have a GRFA not less than three hundred square feet, nor more than nine hundred square feet. An applicant, however, shall be permitted t0 apply to the Community Development Department of the Town of Vail for additional GRFA not to exceed five hundred square leet to be used in the construction of the EHU. The applicant shall submit an application for the additional GRFA on a form provided by the Community Development Department. Approval or denial of the request shall be made by the Design Review Board in accprdance with Section 18.54.040. ll an applicant obtains Design Review Board approval for live hundred square feet of additional GRFA for the EHU, he or she shall not be entitled to receive additional GRFA pursuant to Chapter 18.71 - Additional Gross Residential Floor Area of this code lor either unit on the lot. lf an applicant obtains Design Review Board approval for not more than two hundred fifty square feet of additional GRFA lor the EHU, he or she shall be enti1ed to receive additionalGRFA pursuant to Chapter 18.71 - Additional Gross Residential Floor Area of this code for one dwelling unit on the lot. 6. lt shall have nol more than two bedrooms. 7-_ No-more than two adults and one chikJ nsi older than sixteen years of age shall reside in a one bedrsem Type ll EFlu. No more than two adults and two ehildren not older than sixteen years of age shall reside in a two bedroom Type ll'EHu. B. Each Type ll EHU shall be required to have no less than one parking space for each bedroom located therein. However, if a one bedroom Type ll EHU exceeds six hundred square feet, it shall have two parking spaces. All parking spaces required by this code shall be located on the same lot or site as the EHU. lf no dwelling exists upon the property which is proposed lor a Type ll EHU at the time a building permit is issued, or if an existing dwelling is to be demolished and replaced by a new dwelling, not less than one of the parking spaces required by this subsection shall be enclosed. A three hundred square feet GRFA credit shall be allowed for the construction of one enclosed parking space for the TYPe ll EHU. (Ord. 8(1992) S 4(part).) IV. STAFF RECOMMENDATION Staff believes the proposed changes will make the Employee Housing Ordinance more eftective. Because an effective ordinance will help the Town meet its Municipal Objectives, staff recommends approval. c:\oec\memos\shu.513 i I ]/,,, ,,,|trt"-^. MEMORANDUM Planning and Environmental Commission Community Development Department May 23, 1994 A request for amendments to Section 18.57, Employee Housing, to set forth requirements for renting Employee Housing Units and setting forth details in regard thereto. TO: FROM: DATE: SUBJECT: Applicant: Planner: Town of Vail Andy Knudtsen I. DESCRIPTION OF THE REOUEST In conversations with Town Council and Housing Authority recently, Town staff determined that there were a few minor changes that could be made to the employee housing ordinance to make it more effective. These include requiring that all employee housing units shall be rented and requiring that the rental rate be comparable to the market rate. II. PROPOSED CODE CHANGES Below is one section from the ordinance showing the proposed changes. The new text is shown in shade. The text that is proposed to be deleted is shown in everetrike. 18.57.020 Employee housing units (EHU) generally. A. A chart(2) attached to this chapter and incorporated herein by reference illustrates the requirements for each type of EHU. B. No employee housing unit which is constructed in accordance with this chapter shall be subdivided or divided into any form of time shares, interval ownerships, or fractional fee. C. All types of EHU's ssy gh6ll be lease4$+rt+nly to tenanls who are full-time employees who work in Eagle County. An EHU shall not be leased for a period less than thirty consecutive days. For the purposes of this section, a full-time employee is one who works an average of a minimum of thirty hours each week. 1. A Type I EHU may be sold, transferred, or conveyed separately from any single-family or two{amily dwelling it may be a part of so long as it meets the conditions set lorth in Section 18.57.040 B, 5 of this chapter. 2. A Type ll EHU shall not be sold, transferred or conveyed separately from the J I 3. 4. single{amily or two{amily dwelling is located within or attached to. A Type lll EHU may be sold, transferred, or conveyed separately from other dwelling units or employee housing units that may be located on the same lot or within the same buibing in which the Type lll EHU is located so long as it meets the condition set forth in Section 18.57.060 B, 11 ot this chapter. A Type lV EHU shall not be sold, transferred, or conveyed separately from other dwelling units or employee housing units that may be located on the same lot or within the same building in which the Type lV EHU is locatec. 5.A Type V EHU shall not be sold, transferred or single{amily dwelling it may be located within or Reserved. No later than February 1 of each year, the owner gf'each unit within the town which is constructed following the date of this chapter shall submit two copies of a report on a form to be from the community development department, to the Community Development of the Town of Vail and Chairman of the Town ol Vail Housing setting forth evidence establishing that thg:efnployeE hou$ir,tg,runit,has,::been:,,r:en!ediand,thal each tenant who resides within their the employees housing unit is a full-time employee of Eagle County. T,he wnryees housing unit is a full-time employee of Eagle County. T,he wn€f: l,ialso,,providelentAl:::rate::infofnH$gn':tF,Cnr:rftrrn,:lhat, the,rate has bien ,,fiarkat fat€,,,as. determlned]irl,jsec|iun ::1.:8i5?i020l(L):; No property containing an EHU shall exceed the maximum GRFA permitted in Title 18 except as provided in Sections 18.57.040 84, 18.57.050 85 or 18.57.080 83 of this chapter. All trash facilities shall be enclosed. All surface parking shall be screened by landscaping or berms as per Design Review Guidelines, Section 18.54.050 D3. Any applicant who applies for a conditional use permit for the purpose of constructing employee housing, shall not be required to pay a conditional use permit application fee. The provisions setforth in Section 18.57.020, subsections B, C, D, and E shallbe incorporated into a written agreement in a form approved by the town attorney which shall run with the land and shall not be amended or terminated without the written approval of the Town of Vail. Said agreement shall be recorded at the county clerk and recorder office prior to the issuance of a building permit for the construction of an EHU. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit it may be attached to. D. E. F. G. H. J. to. - ,i K. o /'-,- 4- u< I al m k€i ratG and is lJn, eua, ) III. STAFF RECOMMENDATION Staff believes the proposed changes will make the Employee Housing Ordinance more effective. Because an effective ordinance will help the Town meet its Municipal Objectives, staff recommends approval. c:\pecvn€rn6\ah u.52 3 being ef f ectlvdy : advertlsed througho ut ilre comm u (Ord.27 (1992)SS 1-3: Ord.8 (1992)S 4(part).) J.J{- ' osL '\h".'r J1 (, .1n ,/) a (,-l A L ), ..r tl p{,, tk 1o p (;ru.s ,i[J /t'''\-'(^ 'a't( t' >f 1.,,>..s,^', */ iL ,'v'|<!; ' L''".7- ' 6 1'"''l o:l 'k1 'l'If '1""]'n'" cl'"6' s l'f -i- lt. ^ f,'nn-. - 'f r3 'LA',"# L' 'r *"c-1't') u'l ALL,S c^ . ',J" {f ' -ll ,.t ,5 1,r,,t' 9",/,t,Lr",(,j,?". ( . { '*-,"-- t E ^-t't f< 'l la,t,,< I ez.'ft^' ,n 3 r ko^^y 'h"{ b. t''' t'\ "{< { ^ ..' "l r.!'^.j *,\ pL /- f1^ 5 tl f,.* '/ la 1.t,,s'/,t< Jt" (^&r r-\ 1, t<-*, (.u t{ n.n tl, s :;"', ' ( 7^.n 1^o/ ---'-. {, ft,n /, s t,.4 - ,..-1L,, ,rl ih Jtu,n ul' ,..*[. { ta/-z tetu-av-<- f A. y"r.k" ,/ q/ c r.1 {-, u'l' ^-21' f F dilL fh"( L tt^ a-r( ly\t( t 7tS;it '-c S { otl w, o trs J.e'L44, s L<"^r.. { ./ L-a f-/Brt ,4,hd vv^,aL\ OA1 I B,ll, , 1r-(.1 ,-n-*JY'"1'v-f--tfr L*tr1 Sl,"tuL d 6t * ^*l f" JtV ( 4rr.. I ,t t/vlv < ,P" I r fa flxt ( (V\ / a"\ S c4,,1_. lurv - A{,- E)tl L" 8t( l. /!( rr\d- k f'-\ b 1i4i 's'- /' .!b-Uv" \++ Il' L- Q tt4,'I )-- g :l a A' ^- - - Jeff Bowen agreed with the comments of the other PEC members regarding the carport issue and felt the tower should be out of the setback. Allison Lassoe stated that she did not have a problem with the location of the stair tower, retaining walls, or GRFA in the setback. But, she could not find a hardship to allow the carport in the setback. Dalton Williams stated that he liked the idea of the carport but could not find a hardshio on this site. He stated that he did not have a problem with the location of the stair tower. Jeff Bowen stated that he would like to see the stair tower pulled back out of the lront setback. Kristan PriE summarized that the PEC would like to see the mass of the structure pulled back off of the lront of the site. Kathy Langenwalter stated that the PEC was open to the idea of a variance for retaining walls on the side of the garage as necessary. 4. A request for amendments to Seclion 18.57, Employee Housing, to set forth requirements for renting Employee Housing Units and setting forth details in regard thereto. Applicant: Town of Vail Planner: Andy Knudtsen Andy Knudtsen made a presentation per the staff memo. He went over the four proposed changes to Section'18.57, Employee Housing, with the PEC. With these four changes, Andy stated that staff was recommending approval of the proposed amendments. Jeff Bowen suggested the addition of the word "however" at the bottom of the beginning of the last senlence in Paragraph M. Jay Peterson stated that he had clients that were concerned about the level ol scrutiny that the Town was subjecting polential owners of employee housing units. Jeff Bowen stated that the Town needed to take measures to ensure that the employee housing units were being rented to locals. Kristan Pritz stated that the purpose of the amendments to this section was lo make employee housing units available to employees. She added that the Housing Authority has always had the authority to cite an owner of an EHU who was flagrantly violating the ordinance (ltem M, Page 3 of statf memo). She stated that ltem L, Page 3 of the staff memo was written to establish a standard market rate for EHU's in Vail. Phnning.nd Envifonmont!l Commiition May 23, 1994 Dalton Williams inquired whether it would help to specify a time period to which the EHU's should be rented each year and whether it would help the Town determine compliance with the ordinance. Jay Peterson stated that this ordinance poses a lot of complications for potential buyers and that these people may determine that it is not worth the hassle. He added that he did not {eel that the problem that the employee housing ordinance addressed existed in Vail. Kathy Langenwalter stated that they were trying to ensure that the employee housing units that were built for employees are being used for this purpose. Galen Aasland stated that he owns an employee housing unit and that he rents out this unit each month to a couple who work here in Vail. He said that if this ordinance had been in place when he was contemplating the construction of the employee housing unit, that he would not have built an employee housing unit. He said that the proposed amendments to Section 18.57 would discourage people from building employee housing units. Kathy Langenwalter staled that this ordinance refers to restricted units and that it would have no effect on the type of employee housing that Galen himself has and provides to the community. Galen stated that he realized this but he still felt that the proposed amendments to this ordinance were too much regulation. Jay Peterson stated lhat the people he had spoken to do not object to the reporting s0 much as that there will be a perception lhat the unit will have to be rented. Dalton Williams stated that he had some changes to the wording including eliminating the word "location" from Paragraph L. He stated that he would like to see this ilem tabled since the problem that the proposed amendments address, are not visible in the Town at this time. Andy Knudtsen slated that staff wanted to be proactive and get these changes on the books now so that they do not have problems down the road. Kristan Pritz added that the Town Council wants these changes to the housing ordinance made. She added that this would not be a retroactive ordinance. Allison Lassoe stated that she agreed with staff's proposed amendments to the employee housing ordinance. She stated that this ordinance was not devised to help the developers here in town, but ralher to help employees who work in Vail. Plsnning and Environrlgnlll Commiltion Mry 23, 1994 Jeff Bowen felt that the units should be rented during a substantial portion of the year and that this period needed to be delined. Greg Amsden stated that he did not feel that the word location should be pulled from the employee housing ordinance. He stated that the existing EHU system seems to work well and that there are very few violations presently. He felt that the ordinance should have more positive verbiage in order to encourage people to build employee housing units. He said that we should not try to discourage people from supplying employee housing units. Bob Armour stated that the Town did need some teeth in order to ensure that the employee housing units get used for the purposes they were built lor. Bill Anderson stated that the way that ltems L and M are worded was incorrect and that he agreed with Greg's comment that the verbiage needed to be worded more positively. He stated that Galen was receiving a benefit economically from having an employee housing unit as whatever rent he collects has the effect of lowering what he has to pay for the mortgage. He stated that it would be difficult to determine the market value. Kathy Langenwalter agreed with the stalf and supported the change from the "may" to "shall" in ltem C. She stated that the markel rental rate should be set for employee housing units. Kathy said that it sounded like the PEC was not opposed to the changes in the ordinance but that they needed to be worded in a more palatable fashion. Jeff Bowen suggested that ltems L and M could be changed so that these sections reler to other sections of the Code which layout the citation process. Kathy Langenwalter stated that there seemed to be a consensus of the PEC that the word "may" should be changed to "shall" in ltem C and that a rental rate was positive. She suggested that paragraph M be removed from the ordinance. Kristan PriE asked the PEC what a minimum time period for rental of the employee housing unit should be per year. The PEC agreed that six months during the ski season was acceptable. Later in the discussion, the PEC decided not to include this provision. Kristan Pritz stated that staff would work with Tom Moorhead on the wording for ltem L and M. Greg Amsden asked Tom Moorhead what the market rate referred to and whether this was considered to be affordable employee housing. Planning and Environm.ntll Co|'mirrion May 23, 1994 Tom responded that an individual will be considered out of compliance if they do not rent the EHU or rent it above market rate- Kathy Langenwalter stated that this item could be tabled while staff worked on the changes. Kristan PriE stated that they would bring this item before the PEC again at the first meeting in June. She summarized these changes to include: .Paragraph C: Change "may" to "shall". .Paragraph E: Add "rented throughout the year". .Paragraph L: lf not renting or unit is being offered at a rate above the market rental rate, then there is non-compliance. .Paragraph M: Remove this paragraph. Jeff Bowen made a motion to table this item to lhe June 13, 1994 PEC meeting with Dalton Williams seconding the motion. A 7-0 vote approved this request. 5. A request for an amendment to Section 18.69.050 to clarify how slope is to be measured and to allow lor 6 loot walls to be constructed in the front setback lor projects where the average slope of the site beneath the proposed structure and parking area is in excess of 30% slope. Applicant: Town of Vail Planner: George Ruther George Ruther made a presenlation per the staff memo. Jefl Bowen made a motion to approve the requested amendments to Section 18.69.050 with Greg Amsden seconding the motion. A 7-0 vote approved item. 6. A requesl for an amendment to Section 18.52 of the Town of Vail Municipal Code, Off- Street Parking and Loading, to allow for an increase to the parking pay-in-lieu fee. Applicant: Town of Vail, represented by Mike Rose Planner: Andy Knudtsen Andy Knudtsen made a presentation per the staff memo. Jeff Bowen stated that he felt that lhe increase to $15,000.00 was unreasonable and questioned where this number came from. Greg Amsden stated that the comparison Mike Bose used in his memorandum (attached to statf memorandum) was not a like comparison. Kristan Pritz stated that there is no additional parking structure being planned. Pl.nnlng rnd Environmentll Commis!lon Mry 23, 1994 TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department May 23, 1994 A request lor amendments to Section 18.57, Employee Housing, to set forth requirements for renting Employee Housing Units and setting forth details in regard thereto. Applicant: Planner: Town of Vail Andy Knudtsen I. DESCRIPTION OF THE REOUEST In conversations with Town Council and Housing Authority recently, Town staff determined that there were a few minor changes that could be made to the employee housing ordinance to make it more effective. These include requiring that all employee housing units shall be rented and requiring that the rental rate be comparable to the market rate. II. PROPOSED CODE CHANGES Below is one section from the ordinance showing the proposed changes. The new text is shown in shade. The text that is proposed to be deleted is shown in everstrike. 18.57.020 Employee housing units (EHU) generally. A. A chart(2) attached to this chapter and incorporated herein by reference illustrates the requirements lor each type of EHU. B. No employee housing unit which is constructed in accordance with this chapter shall be subdivided or divided into any form ol time shares, interval ownerships, or fractional fee. C. All types ol EHU's ssy StJsll be leased$ul+nly to tenants who are full-time employees who work in Eagle County. An EHU shall not be leased for a period less than thirty consecutive days. For the purposes of this section, a full-time employee is one who works an average of a minimum of thirty hours each week. 1. A Type I EHU may be sold, transferred, or conveyed separately from any single-family or two-family dwelling it may be a part of so long as it meets the conditions set forth in Section 18.57.040 B, 5 of this chapter. 2. A Type ll EHU shall not be sold, transferred or conveyed separately lrom the D. E. single-family or two{amily dwelling is located within or attached to. 3. A Type lll EHU may be sold, transferred, or conveyed separately from other dwelling units or employee housing units that may be located on the same lot or within the same building in which the Type lll EHU is located so long as it meets the condition set forth in Section 18.57.060 B, 11 of this chapter. 4. A Type lV EHU shall not be sold, transferred, or conveyed separately from other dwelling units or employee housing units that may be located on the same lot or within the same building in which the Type lV EHU is located. 5. A Type V EHU shall not be sold, lransferred or conveyed separately from the single-family dwelling it may be located within or attached to. Reserved. No later than February 1 of each year, the owner of each employee housing unit within the town which is constructed following the effective date of this chapter shall submit two copies of a report on a form to be obtained from the community development department, to the Community Development Department of the Town of Vail and Chairman of the Town of Vail Housing Authority setting forth evidence establishing that the ernployee houSing unit ha€ b€en rented and that each tenant who resides within {h€ir the employeee housing unit is a full-time employee of Eagle County. The own€r of,,lhe:,unitrshall also proVide rental rate information,to:confirm,that the'rate has been consi$tpnt with market rats a.s:dBtermined, in Section :18,5.7.020(L), No property containing an EHU shall exceed the maximum GRFA permitted in Title 18 except as provided in Sections 18.57.040 84, 18.57.050 85 or 18.57.080 83 of this chapter. All trash facilities shall be enclosed. All surface parking shall be screened by landscaping or berms as per Design Review Guidelines, Section 18.54.050 D3. Any applicant who applies for a conditional use permit lor the purpose of constructing employee housing, shall not be required to pay a conditional use permit application fee. The provisions set forth in Section 18.57.020, subsections B, C, D, and E shall be incorporated into a written agreemenl in a form approved by the town attorney which shall run with the land and shall not be amended or terminated without the written approval of the Town ol Vail. Said agreement shall be recorded at the county clerk and recorder office prior to the issuance of a building permit for the construction of an EHU. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit to any dwelling unit it may be attached to. F. G. H. J. K. El -' 1 t'': ' /' l M.i I lr' ' etfective. Therefore, we recommend approval. qvscvnemc\ehu.523 l, "|',',it.':-c . .p k- Housing Ordinance more q r{Ar^ o /"ht- \ $&nrW'l-_xa$--'=,(:\ C.,.)\;4;;\ iJ.q\ €!d-l \,.{*) -* -&:.. 4.\t Y< {,"s .a