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HomeMy WebLinkAbout1994-08-16 Town Council Minutes6 0 I MINUTES VAIL TOWN COUNCIL MEETING AUGUST 16, 1994 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, August 16, 1994, in the Council Chambers of the Vail Municipal Building. The meeting was called to order at 7:30 P.M. MEMBERS PRESENT: TOWN OFFICIALS PRESENT: Peggy Osterfoss, Mayor Mery Lapin, Mayor Pro-Tem Paul Johnston Sybill Navas Jim Shearer Tom Steinberg Jan Strauch Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pam Brandmeyer, Assistant Town Manager Holly McCutcheon, Town Clerk The first item on the agenda was Citizen Participation. Thea Rumford, who resides at 675 Forest Road, expressed her concern about noisy snowcats using Forest Road to access Vail Mountain. Ms. Rumford referenced a proposed bridge which was slated for the 95-96 ski season as an alternate route for snowcats, and stated Forest Road residents did not want to be forgotten. Tom Steinberg said he had toured the site with Vail Associates personnel and discussions were taking place regarding plans to remedy the situation. Paul Johnston questioned land ownership of the proposed bridge site, Mery Lapin thought the land was owned by the Town. Mayor Osterfoss stated the issue of land ownership would be addressed. Second on the agenda was Ordinance No. 16, Series of 1994, 2nd Reading - Supplemental Appropriation to Purchase Trapper's Run. Steve Thompson explained the details of the ordinance, stating the land would be purchased from two funds: the general fund $706,000; and the capital projects fund, $1.87 million. Mery Lapin moved to approve Ordinance 16, with a second by Tom Steinberg. A vote was taken and passed unanimously, 7-0. Item No. 3 was Ordinance No. 17, Series of 1994, 1st Reading, an Ordinance amending Section 18.04.130, Floor Area Gross Residential (GRFA), allowing area within multi -family buildings to be used for employee housing, Andy Knudtsen referenced a memorandum dated July 25, 1994 to the PEC, detailing the request from Jay Peterson to amend section 19.57 of the Town Code. Andy explained the proposed ordinance would amend the definition of GRFA to allow common area to be converted to Type III and Type IV employee housing units, as conditional uses. Andy and Mike Moltica continued answering questions pertaining to the details of the ordinance and stated the. PEC had recommended approval of the ordinance. Jay Peterson explained he felt the ordinance would be beneficial not only to his project, but to others as well. Council members discussed their positions with regard to the ordinance, and requested the last line in section B.2,(h) be changed to state that in cases where housing would be converted back to common area, the Town would require the employee housing units be replaced within the town of Vail. A motion was made by Sybill Navas to pass Ordinance No. 17 with changes, Paul Johnston seconded the motion. Tom feared the ordinance would create the potential to convert convention/meeting space, as well as athletic club facilities into employee housing units. Mery expressed concern about increased density. A vote was taken and passed, 5-2, Tom Steinberg and Mery Lapin opposed. Item No. 4 was Ordinance No. 18, Series of 1994, first reading, an ordinance vacating the utility and drainage easement on Lot 6, Bighorn Estates, Town of Vail, Colorado. Greg Hall explained the details of the ordinance and answered questions from Council members. Paul suggested submitting a plat with first reading. Mery Lapin made a motion to approve Ordinance No. 18 on first reading, and directed staff to produce an illustration by second reading. Jan Strauch seconded the motion. A vote was taken and approved unanimously, 7-0. Item No. 5 was Ordinance No. 19, Series of 1994, first reading, an Ordinance vacating a right of way and sewer easement, and creating pedestrian and right of way easement, water line easement, public access, drainage and utility easement by plat. Greg informed Council of the location of the easement on a plat map and explained the ordinance was in accordance with an SDD for the Lifthouse project. Paul Johnston moved to approve Ordinance No. 19, with a second from Torn Steinberg. After brief discussion, a vote was taken and passed unanimously, 7-0, Mery directed staff to inform Council by second reading if GRFA would be increased. Item No. 6 was Ordinance No, 20, Series of 1994, first reading, an Ordinance creating a utility easement for the Covered Bridge Building. Greg explained the details of the ordinance, and stated Exhibit A was not included, but would be available for second reading. Jan Strauch moved to Vail Town Council Evening Meeting Minute. OW16/84 approve Ordinance 20, with a second from Paul Johnston. Tom Moorhead pointed out the word "nonexclusive" in the second paragraph should be changed to "exclusive". A vote was taken and passed unanimously, 7-0. Item No. 7 was Resolution No, 19, Series of 1994, a Resolution authorizing the Town Manager to negotiate a contract to refurbish/reconstruct the Covered Bridge. Greg Hall explained work would be expected to begin September 19, with a completion date of November 1,1994. Jim Shearer moved to approve Resolution No. 19, with Jan Strauch seconding the motion. Discussion continued pertaining to bidding the project vs. negotiating. Bob McLaurin said the town intends to negotiate a fee for the work through an advertising process rather than bid the project in an effort to produce a competitive fee. A vote was taken and passed unanimously, 7-0. Item No. 8 was a DRB Appeal/Gustafson. The applicant, Mr. Dick Gustafson, was appealing the paved parking condition of approval placed upon his proposed residential exterior alteration and interior remodel by the Design Review Board (DRB) at the August 3, 1994 meeting. Mr. Gustafson was represented at the meeting by his architect, Mr. Ken Wentworth. George Ruther, planner on the project, passed pictures illustrating the property currently, and explained the proposed residential addition. Kent Wentworth explained his client's situation in detail. Mike Mollica informed Council that Mr. Gustafson was contesting a staff policy, which was part of the zoning code. Mike suggested the proper process would be for Mr. Gustafson to ask the PEC for a paving variance or request an appeal of the staff policy. Paul Johnston suggested the appeal be withdrawn and directed Mr. Gustafson to proceed with the proper process. Mr. Wentworth agreed, and requested his appeal be withdrawn, stating he would apply to the PEC to appeal the staff policy. Jim Shearer moved to approve the withdrawal, with a second by Tom Steinberg. A vote was taken and passed, 7-0. • Item No. 9 was an Information Update. Issues discussed included: color of the stucco on the police building (Mike Mollica will raise the issue informally with DRB); dismount zone in the Village (will be discussed at next worksession); Vail Recreation District interested in keeping the library space for another five years; request from the Vail Valley Foundation to temporarily affix a Mountain Bike Championship sign over the 89 World Championship sign at main Vail interchange. Mery moved to staff approve the sign for the Foundation with the condition that it have a nice border. Paul seconded the motion. A vote was taken and passed, 4-3, Peggy, Sybill, and Tom Steinberg opposed. Pam informed Council of a request from the organizers of the Crystal Ball for a blue parking pass this December. Council members agreed to be consistent with deadlines, which have already passed for 94 funding requests. Other issues discussed included: public use of police building conference and training rooms and possible public parking in the new lot; encouraging employee carpooling; helipad status; updated fire study this yeor; Paul asked that notes from the Vail Commons meeting be amended to reflect a clarification comment made by Bill Wilto. Wilto had stated residents were promised a West Vail fire station during consolidation of fire districts not during annexation as some residents had stated at the meeting; conversions of hotel rooms to condos - Bob McLaurin was asked to follow up. There being no further business, a motion to adjourn the meeting was made and passed unanimously. The meeting was adjourned at 9:30 P.M. Respectfully submitted, ATTEST: Holt L. McCutcheon, Town Clerk Na¢m ieken by ftb L McCui h- IV Mery La n, Mayor Pro-Tem Vail Town Council Evening Meeting Minutes 08/16/94 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 25, 1994 SUBJECT: A request for an amendment to Section 18.57 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 .i' .\, ♦,k'"�;. .Ala. i�, j.,�. ?�.:. ...`h. BACKGROUND ON THE REQUEST Jay Peterson, the developer of 44 Willow Place, is proposing changes to the Zoning Code regarding employee housing units. When his project 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: 1. 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. If. DESCRIPTION OF THE PROPOSED CODE CHANGES. The proposed code changes are shown below in shade and 8verstFike. 18,04.130 Floor area, gross residential (GRFA)' Gross residential floor area (GRFA) means the total square footage of all levels of a building, as measured at the inside face 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 stairwells at each level, lofts, fireplaces bay:windovus, 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 O 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 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 twelve square feet 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 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 set forth in Section 18.104.130 above. Excluded areas as set forth in subsection A, shall then be deducted from total square footage. B. Within buildings containing more than two allowable dwellings or accommodation units, the following additional areas shall be excluded from calculation as GRFA: 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-five 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; 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 management and operation of on -site facilities. h. Floor area to be: loyeEe Housing Un t (EHU) as;defined:and restricted hy,:Chapter 1857,; provided said EHU floor area ehall not exceed: '6Q°k of the 35`/� common area: allowance defined by.:Section 1M 4 1:30b.2. above. Any square footage for the. Type IN orType IV;EHU'S which exceeds the 6f3°!a'm�cimum of ellowed common area shalt be included rn.the calcUfatiotf of GRFA>: Any square footage which exceeds the thirty-five percent maximum stiall. 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-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 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 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 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 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) §1: Ord. 37 (1990) §1: Ord. 41 (1982) § 1A: Ord. 37(1980) § 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 • before July 1, 1991. III. STAFF ANALYSIS Staff believes that the proposed 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 III or Type IV employee housing units. 2. Type III and Type IV 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 I, Commercial Core II, Commercial Core III, Commercial Service Center, Arterial Business District, Public Parking • District, Public Use District and Ski Base Recreation District. 3. 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 III and Type IV units. The total allowed common area remains the same. 4. Though the ordinance will allow the use of common area as GRFA, it does not allow any additional density for dwelling units on -site beyond what is allowed under the property's zoning. 5. 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. 6. 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 of the Land Use Plan call for the additional supply of Employee Housing: "5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 4 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 for employee housing has been difficult for staff to calculate. At this time, staff is recommending 60%. At the end of this memo, there is a chart showing what percentage of floor area has been allocated to common area and what area could be used for employee housing units for a variety of projects in the Town Staff has shown each project under three different scenarios of common area. We calculated the allowable square footage 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: 1/2 acre or 21,780 square feet Zone District: Public Accommodation GRFA Allowed: (21,780)(.80) = 17,424 square feet Units Allowed: (.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: (6,098.4)(.60) = 3,659 square feet Maximum Area Allowed to be used for standard Common Area Uses: 6,098.4 - 3,659 = 2,439 square feet V. CHANGE TO GRFA DEFINITION One of the other changes that staff 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 definition was changed in 1990. We would like to clarify 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 change in the way staff has been enforcing the Code. A. CONCLUSION 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 of flexibility as all other zoning standards will still be in effect and any proposal for a Type III or Type IV • unit will be reviewed by the PEC as a conditional use. During the staff and PEC review of the Type III or Type IV unit, staff 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 of Vail planning documents, staff recommends approval of the requested code changes. c:', p e c4 m am ma h uj ay.7 25 • 0 Zoning Allowed Existing Allowed GRFA Allowed Common Dwelling Dwelling (35%) Units Units Sonnenalp PA 50 90 au 70,532.4 sq. ft. 24,686.3 sq. ft. Bavaria or 35% House Manor Vail HDMF 136 123 du 131,938.2 sq. ft. 46,178.4 sq. It. or 35% Garden of SDD 12 15 au 17,594 sq. ft. 6,157.9 sq. ft. the Gods 6 du or 35% The HDMF 7 28 du 6,258 sq. ft. 2,890.3 sq. ft, Willows or 35% Tivoli PA 10 46 au 14,165.7 sq. ft. 4,958 sq. I'L 1 du or 35% 44 Willow HDMF 7 3 du plus 7,553 sq, ft. 2,643 sq, ft. Place 3 EHU's or 35% CHART A Existing Difference 60%of Allowed 50%of Allowed Common common Common 50.523.1 sq. ft. (25,836.8 sq. ft.) 14,811.6 sq. it. 12,343.15 sq. ft. 38,821.9 sq. ft. 7,356.5 sq. ft. 27.707 sq. ft. 23,089.2 sq. ft 5,772 sq. ft. 385.9 sq. ft. 3,694.7 sq. ft. 3,078.9 sq. ft. 1,81E sq. ft. 1,072.3 sq. ft. 1,734 sq. ft. 1,445 sq, ft. 3,052.8 sq. ft. 1,905.2 sq. ft. 2,974.8 sq. ft. 3,924 sq, ft. 1,919 sq. ft. under 724 sq. ft. 1,585 sq. ft. 1,321 sq. ft. construction. Includes 474 sq. ft. of common mechanical and proposed £HU's. 7 30%of Allowed Proposed Common floor area for EHU's 7,405.9. sq. ft. 13,853.5 sq. ft. 1,847.4 sq. ft. 867.1 sq. ft. 2.354.5 sq. ft. 793 sq. ft. 1,445 sq. ft. 54.6% of common area I • so