Loading...
HomeMy WebLinkAbout2008-3104"f; SatFiMayybetdfiibir�IX2008 THE VAiL DAILY ' 976949.0555 ;;yViHdaf ..ifi ORDINANCE NO. 31 S. No Credit Given: H the floor area of the proposed EMU Is in excess of the minimum required floor area, the SERIES 2008 additional floor area will not be available 8s a credit for any future EMU exchange application. AN ORDINANCE AMENDING CHAPTER I2-13, EMPLOYEE HOUSING, VAIL TOWN CODE, TO ESTABLISH A DEED-RESTRIC- 6. Compliance with Zoning Regulations: The property Met includes Me exchange EMU must comply with all TON EXCHANGE PROGRAM, AND SETTING FORTH DETAILS IN REGARD THERETO. requirements of THIS 12, Zoning Regulations, antl TIM, 14, Development Standards, Vail Town Code, upon removal of the dead restriction and any Subsequent combination of the exchange EMU with other dwelling oohs. WHEREAS, on June 3, 2008, Me Vaal Town Council directed the Community Development Department W prepare amendments to Me Vail Town Cotle to establish an Employee Housing ii (EMU) dead mand.u.n sz nge program; and. T. Conveyance of Proposed EMU: The proposed EMU must be commi foe simple, to Me Town of Veil. WHEflEAS, on October 28 2008, Me Vail Local Housing Authority of the Town of Vail held a putt hearing antl reviewed and for- warded a recommendation of approval to the Vail Town Council for the proposed tour i mentlmards to Me Zoning Regulations; and, WHEREAS, on December 8, 2008, Me Planning antl Environmental Commission of the Town of Vail held a public heading and wiewe and forwarded a recommendation of approval to the Vail Town Council for Me proposetl our amendments W the Zoning Regulations in accaMance with the procedures and cmena and findirres outliner) e, Section 12-3-7 of Me Vail Town Cade; and, WHEREAS, the Town Council finds antl determines that the —entrance are .Cresson with Me applicable elements of the adopted goals. objectives and Whose outlined in the Vail Comprehensive Plan and is compatible with Me development objectives M the Town, based upon Section VII of Me Staff memorandum to the Planning and Environmental Commission Baled December S. 2008, and the evidence and testimony presented and. WHEREAS, Me Town Council finds and determines Mat the amendments further the general and specific purposes of the Zoning Regulations, based upon Section VII of the Staff memorandum to the Planning and Environmental Commission dated December 8, 2008,and the evidence and testimony presented and, ' WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals. and general welfare of the Town and promote the coordinated and harmomous development of Me Town in a manner that conearm, and enhances its natural environment ant Reestablished Character as a resod and madenual community of the highest quality, based upon Sad— VII of the Stet memorerdum dated December 8,2"; ant, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT Section 1. Section 12-13-5, Employee Housing Deed Fashion- Exchanae Program, Vail Town Cade Is hereby established as follows: 12-131 Employee Housing Dead Restriction Exchange program: A. Purpose: - The purpose of this Seaton is to provide mare livable, aMordable employee housing units within the Town of Vail through the establishment of an employee housing deed restriction ezchange progrem. The ezchange progrem allows for the oval of a deed remrimion Mom xis an existing employee housing unit in ezchange for the ... -tit rce of a free-market dwellMg unit th the Town of Vail to be deed restricted. e. Applicability: The program established under this Section may be applicable to an existing employee housing unit MM is anomappn ia- a capped unit end is not part of any on -she employee mitigation requir... M M Chapter 12-23, Commercial Linkage, or Chapter 12-24, Inclusionary Zoning. C. Definitions: For the purpose of this Section: Commercial Job Core: Those areas located south of Interstate 70, east of the Intersection of Forest Road and South Front- age Road, north of Vail Mountain, and west of the Town of Vail Soccer Fields on Vail Valley Road, as further d lined by Exhibit A in this Section. Exchange EMU: Exlating employee housing unit with a deed -restriction that is being proposed to have the dead restriction released we part of thie program. Proposed EMU: The existing dwelling unit that is being proposed to be oonveyed to tiro Town of Vail for the purpose of placing a new employee housing deed restriction as pan W this progrem. General Requirements: 1. I range EMU requirements: The ege zchanEHU shall not forpert of a poithat was developed or deed-restnead in pad, or in whole, by the Town of Vail. b. The exchange EMU shall at be part of any on -site employee housing mitigation required by ind-ionary zon- ing, commercial lintage, or as pan of an approved development plan. E. Review Process: Application Required: The applicant shall provide the following as part of Me EMU... Menge application An application fee as established by the Vail Town Council; and b. A detailed description of the ezchange EMU and the proposed EMU; and A written modative of how the proposal compiles with the genedid requirements and cri wia of this Section; and d. Any medicinal information deemed necessary by the Adminlstator. 2. Application Review Procedure: The Administrator shall review the ,,pit - once this Section, and shall make a determination of completeness and .omplianoe with this Section within fourteen (14)daysoflipplicatomicubmttal. Shouldthe Admin[Mmtordeemthat Meapplicationisinwmpl,W.o notin,omplian.e with this Section, the Administrator shall deny the application. Should Me Administretor deed, the application is both omplea and a compliance with this chapter, the Administrator shall former! the application for review by the Vail Local Housing Authority. The Vail Local Housing Authority shall review the application and make a recommendation to the Vail Town Council within thirty (30) days of the application submittal boom upon the criteria outlined In Section 12-133E-3. The Veil Town Council shall make a final determination of approval, approval with modificiddrut, or denial of the application, based upon the criteria outlined In Section 12-133E-3. 3. Criteria and Findings: Criteria: Before acting on an exchange program application, the Vail Local Housing Authority and Vail Town Council shall consider the following eHteria with respect to the requested application: 1. The proposed EMU is deemed to be of adequate condition and is not likely to have substantial maintenance needs beyond typical maintenance within the following year; and 2. The proposed EMU will not have taste I .... red beyond HOA dues and typical maintenance lees that will pre. clutle the unit from being affordable; and 3. Shoultl the proposed EMU be within a homeowners association, the financial Mucalon of the homeowners as- ocwhon shall be deemed in stable condition whh suffid—fund, W rover existing anticipated repairs and Menomonee; I Any homeowners .... clation fees assoclatetl with Me propose! EMU shall be -andum note with the services and amenitie s provided by the homeowners rssociaton; b. Necessary Findings: Before recommending antl/,, granting an approval of an application for an EMU ezchange, the Vail Local Housing Authority and the Vail Town Council shall make the following findings with respect to the requested .—moment: 1. That the application meets the requirements of Section l2-13.5D; and 2. That the application meets the criteria of Section 12-133E-3(a), Vail Town Code; and 3. That the application ls conalate 1 with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan ant is compatible with Me development objectives of the town; and 4. That the Application furthers the general and spa is purposes of the zoning regulations and employee th - ing regulations; and 5. That the application promotes the health, safety, morals, and general weHam of the town and promotes the coordinated and harmonious development of the town In a manner that conserves and enhances its natural environment and It, eetab113hed .hareeter we a resort and residential community of the highest quality. 4. Appeals: Determinations made by the Vail Town Council and the Administrator may be appealed pursuant to Section 12-M, Appeals, Veil Town Code. Section 3. It any pan, section, subsection, semence, clause or phrase of this ordinance is for any reason had to be invalid, such decision shall not effect the validity, of the mincer ing poniore of this DMlnarce; antl the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless Df the feel that any one or more pans, sections, suhroden e, sentences, clauses or phrases be declared twalitl. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for Me health, safety and welfare of the Town of Vail and Me inhabitants thereof. Section 5 The amendment of any provision of the Town Code as provided in this oMlnance shall not affect any right which has ,rued, any duty imposed, any violation that doctored prior to the effective date hereof, any prosecution commenced, or any other action or proceeding as commerticed under or by Virtue of Me provision amended. The amendment of any provision hereby shall not revive any povision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaw,. rders, resolutions ant ordinances, or pans thereof, inconsistent herewhh are repealed to the e M only d 2. proposed EHU requirement: uch Inconsistency. This repealer shall not be construed to revise any bylaw, odor, resdutapn or Dnhnance, or pan thereof, ihereio- The proposetl EHU must be located within the Town of Veil. fore reposted b. The proposetl EHU shell not be within a homeowners' association that preclutles deed restrictatl units, has a right of first refusal, right to approve Me sale or the sale contract, or any other requirement deemed to be almilludy dd ic- INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING the tive by the Atlministrator. 18ih day M December, 2008 and a public hearing for second reading of MIS Ordirs— set for the 6M day of January, 2008, in the Council Chambers of Me Vail Municipal Building. Vail, Colorado. 3. Exchange Rate: - If the exchange EMU la within tiro commercial Job core and the proposed EMU is also within the commeroial job re, the floor area of the proposed EMU shall be a minimum at red, (2) times he floor area of Me exchange EHU. Richard D. Cleveland, Mayor b, If the ezchange EMU is within the commerclel job core antl the proposed EHU la outside of Me commercial job Attest. re, the floor area of the proposed EMU shall be a minimum ct three (3) times the floor area of the exchange EHU. Lorelei Donaldson, Town Clerk If the -change EHU is outside of Me commercial job core and the proposed EMU is inside of the commer. cial job core, the floor area of the proposed EHU shall be a minimum of one and one-half (1.5) times the floor area of the ezchange EHU. d. It Me —hangs, EMU is --aide of the.ommarcial fob core and the proposed EMU is outside of the commerclel job core, the floor area of the proposed EMU shall be a minimum of two (2) times the floor area of the ezchange EHU. 4. Exception; Fee4n-Lieu: The applicant may Want to provide a proposed EHU that is wthin 80%. of Me minimum Published in the Vail Daily December 20, 200 required floor area for Me proposed EHU and a payment Is reads for the remaining minimum required floor area at the rate -established by the Vail Town Council for Inclusionary zoning fee in lieu. ' Iir Commercial Job Cone I assidew 1i pow ri 2392 PROOF OF PUBLICATION STATE OF COLORADO } COUNTY OF EAGLE SS. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 9/8/2008 and that the last publication of said notice was in the issue of said newspaper dated 9/8/2008. In witness whereof has here unto set my hadd this 7th day of October, 2008 Publisher/ Vr�Lkaa--�rr/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 1st day of October 7th , 2008. �n I r Pamela Joan Schultz �- SC Notary Public �.G My Commission expires: November 1, 2011 NOTi4Ry pUBUC <, � o��iFOF CO�-O� PUBLIC NOTICE NOTICE OF PROPFOFSEEDING ENDED BUDGET OF THE TOWN OF VAIL NOTICE IS HEREBY GIVEN that a proposed amended budget for 2008 has been submitted to the Town Council of the Town of Vail. That a copy of such proposed amended budget has been filed in the office of the Town Clerk for the Town of Vail, at 75 South Frontage Road, Vail, Colorado, and where the same proposed amended budget is open for inspection by the public. And that such proposed amended budget will be considered at a public meeting of the Town Council to be held at the Town Council Chambers in the Vail Municipal Building, 75 South Frontage Road, Vail, Colorado, on September 16, 2008 at approximately 6 P.M. Any elector within the Town may, at any time prior to the final adoption of the budgets, file any objec- tions thereto. Town of Vail Jgrelei Donaldson, Town Clerk - Published in the Vail Daily September 8, 2008. (2173027)