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HomeMy WebLinkAbout2017-12PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No.12, Series of 2017, First Reading, on the Town of Vail's web site, www.vailciov.com, on the 20th day of September, 2017. Witness my hand and seal this 20th day of September, 2017. (:�:10--�11 Tammy Nagel Deputy Clerk ORDINANCE NO. 12 SERIES OF 2017 AN ORDINANCE AMENDING SECTION 12-23-2, EMPLOYEE GENERATION AND MITIGATION RATES, VAIL TOWN CODE, TO AMEND TABLE 23-1, EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE, AND TO AMEND THE DEFINITION OF NEXUS STUDY IN SECTION 12-2-2, DEFINITIONS, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on April 3, 2007 the Vail Town Council adopted ordinance No. 7, Series of 2007 establishing Commercial Linkage requirements in the Town of Vail; WHEREAS, pursuant to Section 12-23-2, each commercial development or redevelopment shall mitigate its impact on employee housing by providing employee housing units for twenty percent (20%) of the employees generated, pursuant to table 23-1 of Section 12-23-2, or the nexus study; WHEREAS, Section 12-23-2 Employee Generation and Mitigation Rates, Table 23-1 Employee Generation Rates by Type of Commercial Use establishes the number of employees generated for each commercial use; WHEREAS, there is a substantial, direct, and rational connection between the need for housing of employees generated by new commercial development and redevelopment and the requirements for the provision of employee housing, as documented in the report titled "2016 Vail EmNover Survev, Summary of Results," (Nexus Study) prepared for the Town of Vail by RRC Associates, dated February 2017, a copy of which is on file with the Town Clerk and available for public inspection; WHEREAS, the Nexus Study recommends changes to the current employee generation rates in Table 23-1, Section 12-23-2, Employee Generation and Mitigation Rates, Vail Town Code; WHEREAS, on July 25, 2017, the Vail Local Housing Authority held a public meeting, reviewed the Nexus Study and forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments to the Zoning Regulations; WHEREAS, on August 28, 2017, the Town of Vail Planning and Environmental Commission held a public hearing and reviewed and forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments to the Zoning Regulations in accordance with the procedures and criteria and findings outlined in Section 12-3-6 of the Vail Town Code; WHEREAS, the Town Council finds and determines that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town, based upon Section VI of the Staff memorandum to the 1 Planning and Environmental Commission dated August 28, 2017, and the evidence and testimony presented; WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning Regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated August 28, 2017, 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 harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section V of the Staff memorandum dated August 28, 2017. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-2-2, Definitions, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikethrew text that is, to be added is bold. Sections of text that are not amended have been omitted.) NEXUS STUDY: A report prepared of the request of the +OWR GOUR •il updated of loost every five (5) years Gr ME)re GfteR Of deemed ReGeSSary by the tGWR oil, anc ly redeyelep4: ont in the -tGWR. The "2016 Vail Employer Survey, Summary of Results" dated February 2017, prepared for the Town of Vail by RRC Associates, and on file with the office of the town clerk, analyzing the current and future employee housing needs resulting from new development and redevelopment in the town. Section 2. Section 12-23-2, Employee Generation and Mitigation Rates, of the Vail Town Code is hereby amended as follows (text to be deleted is in s+rikethr„„nh text that is, to be added is bold. Sections of text that are not amended have been omitted.) Table 23-1 EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE Types of Use Accommodation unit / limited service lodge unit Business office and professional office (fig including real estate and property management office) Conference facility Eating and drinking establishment Emplovee Generation Rate 0-.7 0.6 employee per net new units 3.2 employees per 1,000 feet of new net floor area 0.8 employee per 1,000 feet of new net floor area 6-.7-5 10.2 employee per 1,000 feet of new net 2 Health club Retail store / personal service / repair shop Spa floor area 0.96 employee per 1,000 feet of new net floor area 5.1 eMPIE)Ye8 Pee 1,000 foot of ReW not fIGGF area 2.4 employee per 1,000 feet of new net floor area 2.1 employee per 1,000 feet of new net floor area Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect 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 amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of 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 IN FULL ON FIRST READING this 19th day of September 2017 and a public hearing for second reading of this Ordinance set for the 3rd day of October 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor 3 ATTEST: Patty McKenny, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this day of 12017. ATTEST: Patty McKenny, Town Clerk 11 Dave Chapin, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No.12, Series of 2017, Second Reading, on the Town of Vail's web site, www.vailaov.com, on the 4th day of October, 2017. Witness my hand and seal this 4th day of October, 2017. (:�:10--�11 Tammy Nagel Deputy Clerk ORDINANCE NO. 12 SERIES OF 2017 AN ORDINANCE AMENDING SECTION 12-23-2, EMPLOYEE GENERATION AND MITIGATION RATES, VAIL TOWN CODE, TO AMEND TABLE 23-1, EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE, AND TO AMEND THE DEFINITION OF NEXUS STUDY IN SECTION 12-2-2, DEFINITIONS, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on April 3, 2007 the Vail Town Council adopted ordinance No. 7, Series of 2007 establishing Commercial Linkage requirements in the Town of Vail; WHEREAS, pursuant to Section 12-23-2, each commercial development or redevelopment shall mitigate its impact on employee housing by providing employee housing units for twenty percent (20%) of the employees generated, pursuant to table 23-1 of Section 12-23-2, or the nexus study; WHEREAS, Section 12-23-2 Employee Generation and Mitigation Rates, Table 23-1 Employee Generation Rates by Type of Commercial Use establishes the number of employees generated for each commercial use; WHEREAS, there is a substantial, direct, and rational connection between the need for housing of employees generated by new commercial development and redevelopment and the requirements for the provision of employee housing, as documented in the report titled "2016 Vail EmNover Survev, Summary of Results," (Nexus Study) prepared for the Town of Vail by RRC Associates, dated February 2017, a copy of which is on file with the Town Clerk and available for public inspection; WHEREAS, the Nexus Study recommends changes to the current employee generation rates in Table 23-1, Section 12-23-2, Employee Generation and Mitigation Rates, Vail Town Code; WHEREAS, on July 25, 2017, the Vail Local Housing Authority held a public meeting, reviewed the Nexus Study and forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments to the Zoning Regulations; WHEREAS, on August 28, 2017, the Town of Vail Planning and Environmental Commission held a public hearing and reviewed and forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments to the Zoning Regulations in accordance with the procedures and criteria and findings outlined in Section 12-3-6 of the Vail Town Code; WHEREAS, the Town Council finds and determines that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated August 28, 2017, and the evidence and testimony presented; WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning Regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated August 28, 2017, 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 harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section V of the Staff memorandum dated August 28, 2017. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-2-2, Definitions, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikethreugh text that is, to be added is bold. Sections of text that are not amended have been omitted.) NEXUS STUDY: n report prepared of the request of the tOWR oo„nril updated of best every oil, cnclyZin^ the n„Front and tOWR. The "2016 Vail Employer Survey, Summary of Results" dated February 2017, prepared for the Town of Vail by RRC Associates, and on file with the office of the town clerk, analyzing the current and future employee housing needs resulting from new development and redevelopment in the town. Section 2. Section 12-23-2, Employee Generation and Mitigation Rates, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikethrough text that is, to be added is bold. Sections of text that are not amended have been omitted.) Table 23-1 EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE Tvpes of Use Emplovee Generation Rate Accommodation unit / limited service lodge 8-.7 0.6 employee per net new units unit Business office and professional office (fig including real estate and property management office) Conference facility Eating and drinking establishment Health club 3.2 employees per 1,000 feet of new net floor area 0.8 employee per 1,000 feet of new net floor area 10.2 employee per 1,000 feet of new net floor area 0.96 employee per 1,000 feet of new net floor area Real estate Off c 5.1 employee per 1,000 foot of new not floor oroo Retail store / personal service / repair shop 2.4 employee per 1,000 feet of new net floor area Spa 2.1 employee per 1,000 feet of new net floor area Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have 2 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 amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of 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 IN FULL ON FIRST READING this 19th day of September 2017 and a public hearing for second reading of this Ordinance set for the 3rd day of October 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this day of 2017. ATTEST: Patty McKenny, Town Clerk 3 Dave Chapin, Mayor