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Home My WebLink AboutPEC070075�'lanning and �r�vir�anm�n#a�1 �ommissan A�TI+��I Ft3�1� ��--``-,,,',,,`.�'�,m i3ep�rtment o� cc�m�nur�ity o�u�,��►pment r��y�,��r �r �� 75 �oc�th ��rontage R�d, Ya�lr Gatora�� 81657 t! ��: ��,��.z�.a� ��. �aa�,��.�� ,�c��,��x�� wveb: v�v.vail�ov.car� . Project Name: ON-SITE EHU REQUIREMENTS PEC Number: PEC070075 Project Description: Participants: FINAL APPROVAL FOR AMENDMENTS TO 12-23 COMMERCIAL LINKAGE AND 12-24 INCLUSIONARY ZONING CODE AMENDMENTS OWNER VAIL COLORADO MUNICIPAL BLDG 12/10/2007 75 S FRONTAGE RD VAI L CO 81657 APPLICANT VAIL COLORADO MUNICIPAL BLDG 12/10/2007 75 S FRONTAGE RD VAIL CO 81657 Project Address: 75 S FRONTAGE RD WEST VAIL Location: TOV TITLE 12 Legal Description: Lot: Block: Subdivision: Parcel Number: 2101-064-0000-3 Comments: TOWN COUNCIL 2nd READING Motion By: HITT Second By: ROGERS Vote: 6-0-0 Conditions: BOARD/STAFF ACTION Action: APPROVED Date of Approval: 05/21/2008 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Planner: Bill Gibson PEC Fee Paid: $1,300.00 �, . �� Y� � Planning and Environmental Commission Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 te1:970.479.2128 fax:970.479.2452 web: www.vailgov.com General Information: All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee: ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Rezoning Major Subdivision Minor Subdivision Exemption Plat Minor Amendment to an SDD New Special Development District Major Amendment to an SDD Major Amendment to an SDD (no exterior modifications) Description of the Request: _ � , , $1300 $1500 $650 $650 $1000 $6000 $6000 $1250 Location of the Proposal: Lot: Block: Physical Address: ■ ■ ■ ■ ■ ■ ►-. ■ ■ Conditional Use Permit Floodplain Modification Minor Exterior Alteration Major Exterior Alteration Development Plan Amendment to a Development Plan Zoning Code Amendment Variance Sign Variance kn ��n an�,+�� I Z� �- ' Subdivision: \�/v $650 $400 $650 $800 $1500 $250 $1300 $500 $200 � Parcel No.: �� d� ��' �� d 3 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: Name(s) of Owner(s): Mailing Address: Owner(s) Signature( Name of Applicant: Mailing Address: E-mail Address: / � IV I ■ � � ' �/ i / �. � Phone: Phone: For O�ce Use nly: f �0� U Fee Paid: Olil . Check No.: BY� , Meeting Date: '' U` L% PEC No ' '"- % Planner: Project No.: ` �� ^ � � C F:\cdev\FORMS\Permits�Planning\PEC\variance.doc Page 1 of 6 1/4/06 � � � � D � v �� , ,1 ,, ,J �i L TO: FROM: MEMORANDUM Town Council Community Development Department DATE: May 20, 2008 J� Q� i� cJMyb � P� , �,�'.�%�" }'Q" s �l'1� '� : ��` o , D 2 ,6 Ja�G. SUBJECT: Ordinance No. 1, Series of 2008, an ordinance amending Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. � Applicant: Planner: Town of Vail, Represented by Nina Timm, Housing Coordinator Bill Gibson DESCRIPTION OF THE REQUEST The applicant, Town of Vail, is requesting a second reading of Ordinance No. 1, Series of 2008, for text amendments to Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. The Planning and Environmental Commission requested that Staff prepare text amendments to articulate the Town's prioritization of the employee housing mitigation methods and to clarify the basis upon which an employee housing plan should be evaluated. Based upon input and direction from the Vail Local Housing Authority at their December and February meetings, and from the Town Council at their January retreat, and the Planning and Environmental Commission; Staff has drafted proposed text amendments that prioritize the Inclusionary Zoning and Commercial Linkage mitigation methods and establish a set of review criteria for evaluating a housing plan. Staff has taken this opportunity to also address numerous minor "code clean-up" items relevant to the Inclusionary Zoning and Commercial Linkage regulations. II. BACKGROUND At its December 11, 2007, public hearing, the Planning and Environmental Commission directed Staff to bring forward recommendations for amendments to Chapters 12-23, Commercial Linkage, and 12-24, Inclusionary Zoning, to better define the Commission's role in reviewing Employee Housing Plans and to clarify the priority of the five approved mitigation methods. The Vail Local Housing Authority discussed the Commission's request at their December 12, 2007, meeting. The Authority determined that the on-site mitigation method is the highest priority and forwarded a recommendation that no less than one-half ('/z) the required employee housing required mitigation be on- site for new construction and demo/rebuild projects. ♦ The Commission discussed this recommendation and numerous other issues related to employee housing at its January 14, 2008, public hearing. At the Town Council's January 22, 2008, Council Member retreat and again at its subsequent public hearings, the Town Council indicated that providing on-site units is the most desirable employee housing mitigation method and fee-in-lieu is the least desirable method, except when necessary to address partial requirements. The proposed amendments to the Commercial Linkage and Inclusionary Zoning standards were discussed by the Planning and Environmental Commission at its February 11, 2008 public hearings. The proposed amendments to the Commercial Linkage and Inclusionary Zoning standards were discussed by the Vail Local Housing Authority at its February 14, 2008, meeting. On February 25, 2008, the Planning and Environmental Commission voted 4-3-0 (Gunion, Proper, and Viele opposed) to forward a recommendation of approval, with modifications, for text amendments to the Commercial Linkage and Inclusionary Zoning employee housing mitigation requirements. In summary, the Vail Local Housing Authority and the Planning and Environmental Commission are both recommending that no less than one-half (%2) of the employee housing mitigation requirements for new and demo/rebuild projects be provided by "on-site units". The remaining one-half ('/z) of the employee housing requirements for such projects, and the entire requirement for all other types of applicable development projects, would be addressed through any combination of the five available mitigation methods (i.e. on-site units, conveyance of property on-site, off-site units, conveyance of property off-site, payment of fee-in-lieu). Developers will be allowed to select the mitigation method, or methods, that are most advantageous to their circumstances when presenting an Employee Housing Plan to the Town for review. Numerous clarifications and "clean-ups° to the Commercial Linkage, Inclusionary Zoning, and several other related regulations have also been incorporated into the proposed ordinance. The "clean-ups" do not create any substantive policy changes. On March 18 and April 15, 2008, the Town Council held work sessions to discuss the proposed amendments. On May 6, 2008, the Town Council approved the first reading of Ordinance No. 1, Series of 2008, by a vote of 7-0-0. At the Council's May 6th hearing, individual members of the Council requested Staff: • Provide a list of those projects already in the Town's development review process that would be exempt from to the proposed regulations; and, � � Staff has attached a Construction Overview Map (Attachment B) and an Affect of Ordinance No. 1 on Currently Recognized Development Projects Map (Attachment C) for reference. Based upon the Affect of Ordinance No. 1 Map the anticipated development projects subject to these on-site EHU requirements include the Ever Vail, Concert Hall Plaza, Lionshead Center, Vail 21, Lionshead Arcade, Lionshead Parking Structure, Lodge at Lionshead, Evergreen Lodge, and the Vail Valley Medical Center. The regulations will also apply to any non- employee housing component of Timber Ridge and the Chamonix Site. • Consider adopting a formal policy related to inactive development review applications; and, Once a complete development application has been submitted and accepted by the Community Development Department, that application is considered active or pending until such time as a final decision has been made on that application, the application is withdrawn by the applicant, or Staff determines the application is in- active and therefore void. The determination that an application is in-active is a subjective matter determined by Staff on a case-by-case basis. It is not uncommon for applications to be tabled at the request of either Staff or the applicants themselves to better facilitate the review process; therefore, Staff does not recommend establishing a prescriptive standard establishing when an application is determined in-active. • Prepare options for a cap (maximum) on the proposed parking reductions for EHUs; and, The proposed amendments to the Commercial Linkage and Inclusionary Zoning regulations include a provision to allow the reviewing body to consider a request for reductions in the parking requirements for employee housing units. This provision of Ordinance No. 1 has been written with the same language as the regulations currently prescribed in the Housing (H) District which do not establish a maximum reduction or minimum requirement. This provision was not applied to the Middle Creek employee housing project; however, a 25% parking reduction was recently approved for the EHUs in the Solar Vail project. Additionally, pursuant to Section 12-10-20, Special Review Provisions, Vail Town Code, a maximum 25% parking reduction may be requested for any development (not exclusively for employee housing units) that can demonstrate unique parking characteristics. Therefore, should the Council choose to amend Ordinance No. 1, Series of 2008, on second reading to include a maximum parking reduction; Staff recommends the Council considers a maximum reduction of 25%. Consider amendments to allow the Town Council the ability to waive employee housing requirements for non-profit organizations. Should the Council choose to further pursue such a policy change, Staff recommends these amendments be reviewed under separate application with review and recommendation by the Planning and Environmental Commission in a public hearing format. Staff does not recommend amending Ordinance No. 1 on second reading to exempt non-profit applicants from the employee housing 3 � mitigation requirements of Commercial Linkage or Inclusionary Zoning. Since development generates employees whose impacts must be mitigated regardless of who the developer/applicant is; Staff believes all development (for-profit, non- profit, and government) should be regulated equally. III. STAFF RECOMMENDATION The Community Development Department recommends the Town Council approves Ordinance No. 1, Series of 2008, on second reading to amend Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. Should the Town Council choose to approve these text amendments, the Community Development Department recommends the Town Council pass the following motion: "The Town Council approves, on second reading, Ordinance No. 1, Series of 2008, an ordinance amending Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. " Should the Town Council choose to approve Ordinance No. 1, Series of 2008, on second reading, the Community Development Department recommends the Town Council makes the following findings: "1. That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive P/an and are compatib/e with the development objectives of the Town, based upon Section Vl of the Staff memorandum dated March 90, 2008, and the eviderice and testimony presented; and, 2. That the amendments further the general and specific purposes of Zoning Regu/ations, based upon Section VI of the Staff inemorandum dated March 10, 2008, and the evidence and testimony presented; and, 3. That the amendments promote the hea/th, safety, mora/s, and general we/fare of the Town and promote the coordinated and harmonious deve/opment of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residentia/ community of the highest quality, based upon Section VI of the Staff inemorandum dated March 10, 2008, and the evidence and testimony presented. " V. ATTACHMENTS Attachment A: Ordinance No. 1, Series of 2008 Attachment B: Construction Overview Map Attachment C: Affect of Ordinance No. 1 on Currently Recognized Development Projects Map 4 � Town Council Attachment A ORDINANCE NO. 1 SERIES 2008 AN ORDINANCE AMENDING SECTION 12-2-2, DEFINITIONS OF WORDS AND TERMS; ARTICLES 12-6A, HILLSIDE RESIDENTIAL DISTRICT; 12-6B, SINGLE-FAMILY RESIDENTIAL DISTRICT; 12-6C, TWO-FAMILY RESIDENTIAL DISTRICT; 12-6D, TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL DISTRICT; 12-6E, RESIDENTIAL CLUSTER DISTRICT; 12-6F, LOW DENSITY MULTIPLE-FAMILY DISTRICT; 12-6G, MEDIUM DENSITY MULTIPLE-FAMILY DISTRICT; 12-6H, HIGH DENSITY MULTIPLE-FAMILY DISTRICT; 12-61, HOUSING DISTRICT; 12-7A, PUBLIC ACCOMMODATION DISTRICT; 12-7B, COMMERCIAL CORE 1 DISTRICT; 12-7C, COMMERCIAL CORE 2 DISTRICT; 12-7D, COMMERCIAL CORE 3 DISTRICT; 12-7E, COMMERCIAL SERVICE CENTER; 12-7F, ARTERIAL BUSINESS DISTRICT; 12-7H, LIONSHEAD MIXED USE 1 DISTRICT; LIONSHEAD MIXED USE 2 DISTRICT; 12-7J, PUBLIC ACCOMMODATION 2 DISTRICT; 12-8A, AGRICULTURAL AND OPEN SPACE DISTRICT; 12-8D, SKI BASE/RECREATION DISTRICT; 12-8E, SKI BASE/RECREATION 2 DISTRICT; 12-9B, PARKING DISTRICT; 12-9C, GENERAL USE;, CHAPTER 12-13, EMPLOYEE HOUSING, CHAPTER 12-23, COMMERCIAL LINKAGE, AND CHAPTER 12-24, INCLUSIONARY ZONING, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on March 10, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval for the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines the provisions of Chapter 12-23, Commercial Linkage and Chapter 12-24, Inclusionary Zoning, Vail Town Code, must be amended to clarify the basis on which Employee Housing Plans shall be reviewed; and, 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 is compatible with the development objectives of the Town, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated March 10, 2008, and the evidence and testimony presented; and, 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 March 10, 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 harmonious development of the Town in a manner that conserves and enhances its natural Ordinance No. 1, Series of 2008, second reading A environment and its established character as a resort and residential community of the highest quality, based upon Section VI of the Staff memorandum dated March 10, 2008, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated March 10, 2008, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 12-2, Definitions, of the Vail Town Code is hereby amended as follows (text to be deleted is in c�riLc�hrni �nh text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-2-2: Definitions of Words and Terms FLOOR AREA, NET : The total floor area within the enclosing walls of a structure not including the following: A. Areas specifically designed and used for mechanical equipment to operate the building. B. Stairways. C. Elevators. D. Common hallways. E. Common lobbies. F. Common restrooms. G. Areas designed and used for parking. H. Areas designed and used as storage which do not have direct access to an individual office or retail store, not to exceed five percent (5%) of the total proposed net floor area for office and not to exceed eight percent (8%) of the total proposed net floor area for retail. "Common areas" are spaces for which all tenants in the building contribute toward the upkeep and maintenance thereof and are not used for employee working areas. Section 2. Article 12-6A, Hillside Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in �4riLe4hrn� �nh text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6A-2: PERMITTED USES: 2 Ordinance No. 1, Series of2008, second reading The following uses shall be permitted in the HR district: Single-family residential dwellings. T„^o !�� e^.;^�^.,00 ti�:.,�?^^ „^?±_ Employee Housing Units, as further regulated by r,,..�.�`.. � chapter 13 of this title. , , • Section 3. Article 12-6B, Single Family Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in c+riLe4hrn� inh text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6B-2: PERMITTED USES: The following uses shall be permitted in the SFR district: Single-family residential dwellings. T"� �^,^�^•,�� ^� ��^^ ��^�+� Employee Housing Units, as further regulated by chapter 13 of this title. , • Section 4. Article 12-6C, Two-Family Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in r+rilro�hrn� �nh� text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6C-2: PERMITTED USES: The following uses shall be permitted in the R district: Single-family residential dwellings. Two-family residential dwellings. �e-� �^,^�^„�� ^� �°�^^ ��^�+� Employee Housing Units, as further regulated by chapter 13 of this title. Tvnc II omnln�iee h�� inn ��ni�c� nc� fi vfhcr roni il�Fori (�v rltan�or 1'� nf 4hi�+ 4i410 .. .�. .�,....�...� .......v. .' ...__� _ ._.._.._. .>J�'�'__ �� _--_-r__- . _ _� _�-__ ___, f ' Section 5. Article 12-6D, Two-Family Primary/Secondary Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in �+riLoFFirn� �r+h text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6D-2: PERMITTED USES: The following uses shall be permitted: Single-family residential dwellings. Two-family residential dwellings. ��e-E ' Employee Housing Units, as further regulated by chapter 13 of this title. , • , • Section 6. Article 12-6E, Residential Cluster District, hereby amended as follows (text to be deleted is in c�riL� o�n�p�: bold. Sections of text that are not amended have been omitted.) 12-6E-2: PERMITTED USES: The following uses shall be permitted in the RC district: of the Vail Town Code is text that is to be added is Ordinance No. 1, Series of 2008, second reading Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings with no more than four (4) units in any new building. Single-family residential dwellings. Two-family residential dwellings. ��F Employee Housing Units, as further regulated by chapter 13 of this title. 12-6E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the RC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Business offices, as further regulated by subsection 12-16-7A13 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Professional office, as further regulated by subsection 12-16-7A13 of this title. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. �qq,�j� om.nlnvoc F�ni ��+in� ��ni�c /CLII I\ nc� nrn�iirlor7 in rh•+n4er 1 2 �f +hi �i�le J 1•• � ••• Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 7. Article 12-6F, Low Density Multiple-Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in �#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6F-2: PERMITTED USES: The following uses shall be permitted in the LDMF district: Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. T"-*-�r�� Employee Housing Units, as further regulated by chapter 13 of this title. 12-6F-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. 4 Ordinance No. 1, Series of 2008, second reading Public utility and public service uses. Ski lifts and tows. �pp�jj omnl�vcc hr�� i inn � iniic+ /CI-JI I\ �+c r�r��iirici-7 in nhnn#cr 1 Q �f �Fiic �i�lc � r., ... Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 8. Article 12-6G, Medium Density Multiple-Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in c4riLe4hrn� �r+h text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6G-2: PERMITTED USES: The following uses shall be permitted in the LDMF district: Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. ,-,,.,o n� cmr�lnvoo hn��cinn ,,.,.+� Employee Housing Units, as further regulated by chapter 13 of this title. 12-6G-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Tvno 111 cmnlnvice hn� ��in� ��ni�c /C4..11 1\ �+� r�mvirlcrl in nh�r+4cr 1'2 .,f +hi� �i�le Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 9. Article 12-6H, High Density Multiple-Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6H-2: PERMITTED USES: The following uses shall be permitted in the HDMF district: Lodges, including accessory eating, drinking, recreational or retail establishments, located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area (GRFA) of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. �qo I\/ cmnln�ico h�„�;�„ ,,.,;+� Employee Housing Units, as further regulated by �r.. .. chapter 13 of this title. Ordinance No. 1, Series of 2008, second reading 12-6H-3: CONDITIONAL USES: The following conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public parking structures. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Timeshare units. T�{nr� 111 omn�nvec hn� �cin� � �niio /C4..11 1\ �+c� nr�virici-1 in nh�+n}cr 1 Q.,f +h�� i�lo . �p.. ... . .p.....�..... �....,...� �y �„w �� .� u... r,v.rc... . Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 10. Article 12-61, Housing District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#�i�#�, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-61-2: PERMITTED USES: The following uses shall be permitted in the H district: Bicycle and pedestrian paths. , . Employee Housing Units, as further regulated by Chapter 13 of this Title. Passive outdoor recreation areas, and open space. 12-61-3: CONDITIONAL USES: The following conditional uses shall be permitted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit: Banks and financial institutions. Business offices and professional offices as further regulated by section 12-16-7 of this title. Child daycare facilities. Eating and drinking establishments. Funiculars and other similar conveyances. ( Ordinance No. 1, Series of 2008, second reading Health clubs. Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and C. Dwelling units are only created in conjunction with employee housing, and D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools. Public buildings, grounds and facilities. Public parks and recreational facilities. Public utilities installations including transmission lines and appurtenant equipment. T�inc \/1 0.,.,.,�,,,,oe hr�i�cinn .,�,+� Employee Housing Units, as further regulated by T�-pc �r chapter 13 of this title. Section 11. Article 12-7A, Public Accommodation District, of the Vail Town Code is hereby amended as follows (text to be deleted is in ��riLo�hrn� �nh text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7A-2: PERMITTED USES: The following uses shall be permitted in the PA district: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. T,,.,o �� emr�l��ioc hn� �c�inn „�;+� Employee Housing Units, as further regulated by chapter 13 of this title. 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Fractional fee club units as further regulated by subsection 12-16-7A8 of this title. Healthcare facilities. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the main structure or structures on the site. Major arcades. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Professional and business offices. Ordinance No. 1, Series of 2008, second reading Public and private schools. Public buildings, grounds and facilities. Public parking structures. Public parks and recceational facilities. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Theaters and convention facilities. �TP�'�' . Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 12. Article 12-7B, Commercial Core 1 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in ��riLe}hr�i �nh text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7B-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: B.Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: 8. T��i� employee housing units, as further regulated by chapter 13 of this title. 12-7B-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B.Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: 4. �� cmnln�ioo hr�� inn ,,�;+� Employee Housing Units, as further regulated by chapter 13 of this title. 12-7B-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR: A.Permitted Uses; Exception: The following uses shall be permitted on the second floor above grade within a structure; provided, however, that a conditional use permit will be required in accordance with chapter 16 of this title for any use which eliminates any existing dwelling or accommodation unit or any portion thereof: g�� °^,^'^.,°° "^„°�^^ ��^�+° Employee Housing Units, as further regulated by chapter 13 of this title. B.Conditional Uses: The following uses shall be permitted on second floors above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Dog kennels. Electronics sales and repair shops. Household appliance stores. Liquor stores. Luggage stores. Meeting rooms. Outdoor patios. Ordinance No. 1, Series of 2008, second reading Theaters. Empl yee Housing Units, as further regulated by Chapter 13 of this Title. 12-7B-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR: A.Permitted Uses: The following uses shall be permitted on any floor above the second floor above grade: Lodges. Multiple-family residential dwellings. �.y�-�-u ' Employee Housing Units, as further regulated by chapter 13 of this title. B.Conditional Uses: The following uses shall be permitted on any floor above the second floor above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title. Any permitted or conditional use which eliminates any existing dwelling or accommodation unit, or any portion thereof, shall require a conditional use permit. Such uses may include: 8. �-ii-i � � � � • Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 13. Article 12-7D, Commercial Core 3 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in c�riLc4{�rni �i+h text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7D-1: PERMITTED USES: The following uses shall be permitted in the commercial core 3 district: Banks and financial institutions. Eating and drinking establishments, including the following: Cocktail lounges and bars. Coffee shops. Fountain and sandwich shops. Restaurants. Health clubs. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Shoe repair. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Auto parts stores. Bakeries and confectioneries, preparation of products for sale on the premises. Ordinance No. 1, Series of 2008, second reading Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Florists. Food stores. Furniture stores. Gift shops. Hardware stores. Health food stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Music and record stores. Newsstands and tobacco stores. • Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. ��e-�u °^�^'^.,°° �^� �°;^^ ��^�+� Employee Housing Units, as further regulated by chapter 13 of this title. Additional offices, business, or services determined to be similar to permitted uses in accordance with the provisions of this section. 12-7D-2: CONDITIONAL USES: The following conditional uses shall be permitted in the commercial core 3 district, subject to issuance of a conditional use permit in accord with the provisions of chapter 16 of this title: Any use permitted by section 12-7D-1 of this article which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. Brew pubs. Child daycare center. Commercial laundry and cleaning services, bulk plant. Commercial storage. Dog kennels. Drive-up facilities. Major arcades. 10 Ordinance No. 1, Series of 2008, second reading Massage parlors. Outside car wash. Pet shops. Public buildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Radio and television signal relay transmission facilities. Theaters, meeting rooms, and convention facilities. Transportation businesses. Tvno I11 cmrJnvee hn� i�inn � �ni�c /CL-II I1 �� nrnvi`icrl in t+h7n�'or 14 �f thic �ifle ... �.. .p.�..�.�.� ...,......�.� . �.... ��. ....� ... �... _.._.�_ ... _..�r-_. . _ _. _...- -.-•-- Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 14. Article 12-7E, Commercial Service Center District, of the Vail Town Code is hereby amended as follows (text to be deleted is in °+riLo}hrn� ��+�+� text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7E-3: PERMITTED USES: The following uses shall be permitted in the CSC district: Banks and financial institutions. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries, including preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Florists. 11 Ordinance No. 1, Series of 2008, second reading Food stores. Furniture stores. Gift shops. Hardware stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Pet shops. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Additional offices, businesses, or services determined to be similar to permitted uses in accordance with the provisions of section 12-7E-2 of this article. Employee housing units as further regulated in Chapter 13 of this Title. 12-7E-4: CONDITIONAL USES: The following conditional uses shall be permitted in the CSC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7E-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. Bowling alley. Brew pubs. Child daycare centers. Commercial laundry and cleaning services. Dog kennels. Major arcades. Multiple-family residential dwellings and lodges. Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this article. Private clubs. Private parking structures. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. 12 Ordinance No. 1, Series of 2008, second reading Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 15. Article 12-7F, Arterial Business District, of the Vail Town Code is hereby amended as follows (text to be deleted is in c4riLo4hr�� nh text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7F-3: PERMITTED USES: The following uses shall be permitted in the arterial business district: Eating and drinking establishments, as follows, are permitted on the first (street) level: Cocktail lounges and bars. Coffee shops, fountains, sandwich shops and restaurant. Personal services and repair shops, as follows, are deemed to be generally accessory and/or supportive of office uses and shall be permitted on the first (street) level: Beauty and barber shops. Shoe repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices and studios. Radio and television broadcasting studios. Retail stores and establishments, as follows, are deemed to be generally accessory and/or supportive of office uses and are therefore permitted so long as they do not exceed eight thousand (8,000) square feet in floor area for each such business use and so long as they are located on the first (street) level: Art supply stores. Bookstores. Drugstores. Florists. Newsstands. Stationery stores. Tobacco stores. Additional offices, businesses or services determined to be similar to permitted uses in accordance with the provisions of section 12-7F-1 of this article. Employee Housing Units, as further regulated by Chapter 13 of this Title. 12-7F-4: CONDITIONAL USES: A.Enumerated: The following conditional uses shall be permitted in the arterial business district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7F-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further provided by section 12-14-18 of this title. Brew pubs. Child daycare centers. Microbreweries. Private unstructured parking. Public buildings, grounds and facilities. 13 Ordinance No. 1, Series of 2008, second reading Public park and recreation facilities. Public utility and public services uses, including screened outside storage. Service yards. Transportation businesses. Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 16. Article 12-7H, Lionshead Mixed Use 1 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in c�riLo4l�rn� �r+h text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7H-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: B.Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. �e-� °^,^'^„°° �^, ,°�^^ ��^�+c Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B.Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. �� °^,^'^.,°° "^� �°�^^ ��^�+ Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7H-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A.Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Accommodation units. 14 Ordinance No. 1, Series of 2008, second reading Attached accommodation units. Lodges. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and °mnlnvcc hn� �c�inr+ � �ni#o /4�ir�o III /CI-II I\ �c r�r��iirici-i in rhonfor 'I 4 nf +hic� *i+lo m�c. T��ne I\/ omnlnvoo hr�� cinr� ,.�,+� Employee Housing Units, as further regulated by -r�c-rv- chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Section 17. Article 12-71, Lionshead Mixed Use 2 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in r+riLo}hrr��,,,ti, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-71-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: B.Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. . Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. , Travel and ticket agencies. T«nc 11! cmnln�ico h�� in� ,,�;+� Employee Housing Units, as further regulated by T7P«r chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-71-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B.Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. T�ine I\/ o,,,.,►,,,,ee h,,,,�;.,,, „�;+� Employee Housing Units, as further regulated by �TP�� chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-71-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: 15 Ordinance No. 1, Series of 2008, second reading A. Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and nf 4F�ic �i41o\ �� mm�ln�iec hn� �cinn ,,..,+� Employee Housing Units, as further regulated by chapter 13 of this title. ' Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Section 18. Article 12-8A, Agriculture and Open Space District, of the Vail Town Code is hereby amended as follows (text to be deleted is in c�riLo}hrn�,,,ti, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-8A-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use within public parks, recreation areas, and open spaces which involves assembly of more than finro hundred (200) persons together in one building or group of buildings, or in one recreation area or other public recreational facility. Cemeteries. Low power subscription radio facilities. Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges. Public and private schools. Religious institutions. Semipublic and institutional uses, such as convents and religious retreats. Ski lifts and tows. TVnc II omnlnvice hn� i�+in� � �ni4c� /G�..I� I� �+c nrnvirieri in n%�+n}cr 14 .,f �h�� i410 . � p.. .. ..�..r.�..�.... � �.....,�� .J. ..� ��.., ��. �..� a..., r.,.v.-.c.c. . Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 19. Article 12-8D, Ski Base Recreation District, of the Vail Town Code is hereby amended as follows (text to be deleted is in c4riLc}hrn� �nF+ text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-8D-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreation district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Addition or expansion of storage buildings for mountain equipment. Additions or expansions of public or private parking structures or spaces. Bed and breakfast as further regulated by section 12-14-18 of this title. Child daycare center. Food and beverage cart vending. Public, private or quasi-public clubs. Recreation room/minor arcade. Redevelopment of public parks, playgrounds. Redevelopment of ski lifts and tows. 16 Ordinance No. 1, Series of 2008, second reading Redevelopment of ski racing facilities. . Redevelopment of water storage extraction and treatment facilities. Seasonal structures to accommodate athletic, cultural, or educational activities. Summer outdoor storage for mountain equipment. Summer seasonal community offices and programs. Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 20. Article 12-8E, Ski Base Recreation 2 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in c4riLo�hr�� n4+ text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-8E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreation 2 district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Brew pubs. Fractional fee units. Outdoor dining decks and patios. Private and public clubs. Public utility and public service uses. Employee Housing Units, as further regulated by Chapter 13 of this Title. Additional uses determined to be similar to conditional or permitted uses described in this chapter, in accordance with the provisions of section 12-3-4 of this title. Section 21. Article 12-9B, Parking District, of the Vail Town Code is hereby amended as follows (text to be deleted is in �+I�e##�s��#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-9B-3: CONDITIONAL USES: The following conditional uses shall be permitted subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Major arcades. Parks and recreational facilities. Private or public off street vehicle parking structures. Public uses, private office and commercial uses that are transportation, tourist or town related and that are accessory to a parking structure. Temporary construction staging sites. For the purposes of this section, a"temporary construction staging site" shall mean a site on which, for a temporary period of time, construction materials, heavy construction equipment, vehicles and construction trailers may be stored. Employee Housing Units, as further regulated. by Chapter 13 of this Title. Section 22. Article 12-9C, General Use District, of the Vail Town Code is hereby amended as follows (text to be deleted is in �etag�, text that is to be added is bold. Sections of text that are not amended have been omitted.) 1'7 Ordinance No. 1, Series of 2008, second reading 12-9C-3: CONDITIONAL USES: A.Generally: The following conditional uses shall be permitted in the GU district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Child daycare centers. Equestrian trails. Golf courses. Healthcare facilities. Helipad for emergency and/or community use. Major arcades. Plant and tree nurseries, and associated structures, excluding the sale of trees or other nursery products, grown, produced or made on the premises. Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schools. Public and quasi-public indoor community facilities. Public buildings and grounds. Public parking structure. Public theaters, meeting rooms and convention facilities. Public tourist/guest service related facilities. Public transportation terminals. Public unstructured parking. Public utilities installations including transmission lines and appurtenant equipment. Religious institutions. Seasonal structures or uses to accommodate educational, recreational or cultural activities. Ski lifts, tows and runs. =vnc III emnl�vcc h�� c�in� � ini}�+ /CL11 Il �+c� r�r�virlor) in nh�.n�cr '14 �f �{�i 4iile Employee Housing Units, as further regulated by Chapter 13 of this Title. Water and sewage treatment plants. Section 23. Section 12-13-4, Employee Housing, of the Vail Town Code is hereby amended as follows (text to be deleted is in �'+riLe4L�r�� ni+ text that is to be added is bold. Sections of text that are not amended have been omitted.) 18 Ordinance No. 1, Series of2008, second reading W a � _ _ w v � Z � (9 Z � � _ W W � J a w �M W � �"' Z �.{� W � � W � M � � N � � L � V N N Vl �� y ��+ F- y +L,. � � � N � d d 'a+ = � N� N C� 2'O � a 2-p �!C C � 3�eoa� W3r° W? �d � � w �p �� n IL- m� o � H axi � c�i o �� ,_ � @'j• .� XW ••�E m�Eo O � � �� C �� - N � � 3 0 � ,� 3 � ,°� `o tq �Q � NO � tt�0� C� Q � N p N �i� Z f�� QM�m y N��C N �p c � �p C . 7 �- y� Q- ul � Q- N Of pl L f6 O1 L f0 � t N C � Uo- Vo- Uo= a a`r'� n.�v a`r'v a� � � � � u,v � � f0 � � o u�iv. m � rno a-. a a� � � m � � « � --� � . mr, v6i a�i� c� a`�i '3a�� ° o � � c v6i rnw '3��5 ° o ti v c w- U . 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Q N C W N Y C1 � C O E o m �p °-� c c� E c� E m a> ai m� a�i J�tN� �` ao� v•v� �r °'y•- o o E E E E°' c m ��i mm my m�: c� �� a u� o E E E E c'w m x o d H a�> y O O Gf ._ � O 7 f.1 3 V O O O O N 7 N•- ._ M f0 Y G d._ U= d S�2 = d Q d Q U U U U U m��L J� m M N�6 � � J � U � c j > E rn� d E16rn�. o- o- o c _ •`-' H H V J � � 01 U f6 N � O O N O � a� .� � N � H C . '- O _ � N�,�' W � +L.+ 7 C N d V � t) -p L X � l0 �r. F- N w tt O � N N � � � � R G C L'n � V � c G> v O a cN ._ .. `' c � c Z` m C d N a-- l9 y�� N�� O CI L� C Q m a y •y � Uo�� c � 3Y d N 3 L 10 f0 Z� C> C a��a o E ac�c•i5� Q z Q Z ar s « 0 0 �1 w C �a o m •_ W>>Q L K!p � H m V � � � � y W � C O � t 'O N T f�'0 d A G� ~ Y 7 O�� T � � � E d = N a�.+ 0f t7 � � � S�L�;,,,rnCd W � c •- ._ m: aR m'c � a. t� d.c ao o m H O m N NN.c � Na-NM V pY Oi d d� � -a i+ V �. �? O O O O O G1 - d� d O y.�+ N t�f1��E y � �L: V�ifn � d d�� V y a+ � 7._ �•_ 'O � l6 N 10 10 � t d N 0 � N N G O O' � �n G> 'O ._ � Q' d d d� Of � ��y 0i m m a N O j N f A d y C O� i Q� ��p Q� u E u E E E E E m c-�a yN� ca �� o u ��=' �� c°�a c�i E E E E c'N ti X c a� u°'imav >: aa'x�x°a'aa'ac°�cic°�c°�tim��'._�-i�mv�c�; Roo � N c c - o 0 > j c ia a� _ ._ C) � Q C1 C �: =+ >. C O '- C ��.NE� 01 c 'v co N � O O N 0 � a� .� � O Z U C (0 � � O N N Section 24. Chapter 12-23, Commercial Linkage, of the Vail Town Code is hereby amended as follows (text to be deleted is in c4riLo4hrr��,,,h, text that is to be added is bold): 12-23-1: PURPOSE AND APPLICABILITY: A. The purpose of this Chapter is to ensure that new commercial development and redevelopment in the Town provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such commercial development and redevelopment. B. Except as provided in Section 12-23-5, this Chapter shall apply to all new commercial development and redevelopment located within the following zone districts: 1. High Density Multiple Family (HDMF); 2. Public Accommodation (PA); 3. Public Accommodation 2 (PA2); 4. Commercial Core 1 (CC1); 5. Commercial Core 2 (CC2); 6. Commercial Core 3 (CC3); 7. Commercial Service Center (CSC); 8. Arterial Business (ABD); 9. General Use (GU); 10. Heavy Service (HS); 11. Lionshead Mixed Use 1(LMU1); 12. Lionshead Mixed Use 2(LMU2); 13. Ski Base/Recreation (SBR); 14. Ski Base/Recreation 2 (SBR2); 15. Parking District (P); and 16. Special Development (SDD). C. The requirements of this Chapter shall be in addition to all other requirements of this Code. D. When any provision of this Chapter conflicts with any other provision of this Code, the provision of this Chapter shall control. 23 Ordinance No. 1, Series of 2008, second reading 12-23-2: EMPLOYEE GENERATION AND MITIGATION RATES: A. The employee generation rates found in Tabte 23-1, Employee Generation Rates by Type of Commercial Use, shall be applied to each type of use in a commercial development. For any use not listed, the Administrator shall determine the applicable employee generation rate by consulting the Town's current nexus study. TABLE 23-1 EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE Type of Use Employee Generation Rates Retail Store/Personal 2.4 Employees per 1,000 feet of new Service/Repair Shop net floor area Business Office and Professional 3.2 Employees per 1,000 feet of new Office (excluding Real Estate net floor area Office) Accommodation Unit/Limited 0.7 Employees per net new units Service Lodge Unit Real Estate Office 5.1 Employees per 1,000 feet of new net floor area Eating and Drinking 6.75 Employees per 1,000 feet of Establishment new net floor area Conference Facility 0.8 Employees per 1,000 feet of new net floor area Health Club 0.96 Employees per 1,000 feet of new net floor area Spa 2.1 Employees per 1,000 feet of new net floor area B. If an applicant submits competent evidence that the employee generation rates contained in Table 23-1 or the nexus study do not accurately reflect the number of employees generated by the proposed commercial development or redevelopment and the Administrator finds that such evidence warrants a deviation from those employee generation rates, the Administrator shall allow for such a deviation as the Administrator deems appropriate. C. Each commercial development or redevelopment shall mitigate its impact on employee housing by providing EHUs for twenty percent (20%) of-the employees generated, pursuant to Table 23-1, or the nexus study, in accordance with the requirements of this Chapter. 24 Ordinance No. 1, Seri�s of 2008, second reading For example, for a development proposing 2,500 square feet of new net floor area for an eating and drinking establishment, the equation would be as follows: ((2,500 square feet = 1,000 square feet) x(6.75)) = 16.875 new employees generated 16.875 new employees generated x 20% = 3.375 employees to be housed 12-23-3: SIZE AND BUILDING REQUIREMENTS: A. Table 23-2, Size of Employee Housing Units, establishes the minimum size of EHUs and the number of employees that can be housed in each. All EHUs shall meet or exceed the minimum size requirements. TABLE 23-2 SIZE OF EMPLOYEE HOUSING UNITS Type of Unit Minimum Size Number of (GRFA) Employees Housed Dormitory 250 1 Studio 438 1.25 One-Bedroom 613 1.75 Two-Bedroom 788 2.25 Three or More - 1,225 3.5 Bedroom B. bathroom. C D. of this Title. Every EHU shall contain a kitchen facility or kitchenette and a All trash facilities shall be enclosed. Parking shall be provided ^° re�v� iirer� h�i �n accordance with Chapter 10 1. Exception for on-site units: At the discretion of the applicable governing body, variations to the parking standards outlined in Chapter 10 of this Title may be approved during the review of an employee housing plan subject to a parking management plan. The parking management plan may be approved by the applicable governing body and may provide for a reduction in the parking requirements for on-site units based on a demonstrated need for fewer parking spaces than Chapter 10 of this Title would require. For example, a demonstrated need for a reduction in the required parking could include: 25 Ordinance No. 1, Series of 2008, second reading a. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. b. A limitation placed in the deed restrictions limiting the number of cars for each unit. c. A demonstrated permanent program including, but not limited to, rideshare programs, car-share programs, shuttle service, or staggered work shifts. E. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit to which it may be attached. , se�e�: - - - - -- - ■� - -- - - •• - 12-23-4: REDEVELOPMENT: Employee housing impacts need only be mitigated for a redevelopment that results in a greater number of employees generated from an increase in net floor area, or an increase in the number of accommodation units or limited service lodge units in the redevelopment; provided however, that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced in addition to the other requirements of this Chapter. 12-23-5: EXEMPTIONS: The following shall be exempt from this Chapter: 1. The redevelopment of existing commercial development, if no new net floor area, accommodation units, or limited service lodge units are created; and 2. The construction of EHUs. 12-23-6: METHODS OF MITIGATION: A. For all new construction (i.e. development that does not affect any existing buildings or structures) and demo/rebuild projects that result in a mitigation requirement of 1.25 employees or greater, no less than one-half ('/z) the mitigation of employee housing required by this Chapter shall be accomplished with on-site units. 1. Exceptions: At the sole discretion of the applicable governing body, an exception may be granted from this subsection based upon one of the following findings: Zg Ordinance No. 1, Series of 2008, second reading a. Implementation of the on-site unit mitigation method would be contrary to the intent and purpose of the applicable zone district. b. Implementation of the on-site unit mitigation method would be contrary to the goals of the applicable elements of the Vail Comprehensive Plan and the Town's development objectives. c. Exceptional or extraordinary circumstances or conditions apply to the site that prevents the implementation of the on-site unit mitigation method. d. The method of mitigation proposed better achieves the intent and purpose of this Chapter and general and specific purposes of this Title than the on-site mitigation unit method. 2. All on-site EHUs shall be deed restricted as a"Type IV-CL" (type four, commercial linkage mitigation) or "Type VII-CL" (type seven, commercial linkage mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. 3. At the sole discretion of the applicable governing body, an applicant may provide on-site dormitory style units. 4. An applicant may provide a payment of fees-in-lieu for any fractional remainder of the requirement generated under this Chapter totaling less than 1.25 employees. 5. Any remaining portion of the mitigation requirement not provided with on-site units may be provided in accordance with Section 12-23-6B below. Ar B. For all development projects except those mitigated by Section 12-23-6A above, the mitigation of employee housing required by this Chapter shall be accomplished through one, or any combination, of the methods further described in this section. Unless otherwise regulated by this Title, the choice of inethod(s) used to mitigate the employee housing requirements of this Chapter shall be at the sole discretion of the applicant. 1. On-site units. a Thc ren� �i�i4e n� �m{�er �f C{..11 Ic nr � nnr4inn 4F�erenf e � v he nc4r� �n4er) n c� �i crl 4F+�� 1 c�i�c CI-II Ic� �rc F�IuTv�69rr.scivvccvvll°�i��{6TI c�rrrcrrcrr 6�vrrc—�-rvT-cnti . All on-site EHUs shall be deed restricted as a"Type IV-CL" (type four, commercial linkage mitigation) or "Type VII-CL" (type seven, commercial linkage mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. 2� Ordinance No. 1, Series of 2008, second reading rn«�� n nf 4h�� I�nninn r1 . 6 .�v F�iC3F�vi--a-n.��arTrrrrTC�&Rv e �rmi}��;��;,�',�� a�lisa�is��is �e�r a �peei,;: Bevele�ea�-BFS�fist, ir�w�+s�i-sa��„��,•,^ �'^� �^^�� c^ ��c �;� , . At the sole discretion of the applicable governing body, an applicant may provide on-site dormitory style units. 2. Conveyance of property on-site. An applicant may convey on-site real property to the Town on which no covenants, restrictions or issues exist that would limit the construction of EHUs, at the sole discretion of the Town Council. This method does not mitigate the on- site unit requirements of Section 12-23-6A above. 3. Off-site units. a. The requisite number of EHUs, or a portion thereof, may be provided off-site within the Town, provided that such EHUs are deed restricted in accordance with this Chapter. b. At the sole discretion of the Planning and Environmental Commission, an applicant may provide off-site dormitory units, unless the application is for a Special Development District, in which case, the Town Council, in its sole discretion, may accept dormitory units as a method of mitigation. 4. Payment of fees-in-lieu. T"° °'�^^;^^ �^,� �^,,;r^^^,°^+^' i`nmmi��inn m�v �nnrnvo n�vmen� nf � foc_in_lio� � f�r o�nF� emnlnvec 4� i � • a. The fee-in-lieu for each employee to be housed shall be established annually by resolution of the Town Council, provided that, in calculating that fee, the Town Council shall include the net cost (total cost less the amount covered by rental or sale income) of real property and all related planning, design, site development, legal, construction and construction management costs of the project, in current dollars, which would be incurred by the Town to provide housing for the employee to be housed in that year. b. An administrative fee, established by resolution of the Town Council, shall be added to the amount set forth in paragraph a hereof. c. Fees-in-lieu shall be due and payable prior to the issuance of a building permit for the development. d. The Town shall only use monies collected from fees-in-lieu to provide new emptoyee housing. 28 Ordinance No. 1, Series of 2008, second reading 5. Conveyance of property off-site. The Town Council may, at its sole discretion, accept the conveyance of property off-site in lieu of requiring the provision of EHUs, provided that no covenants, restrictions or issues exist on such property that would limit the construction of EHUs. - - - 12-23-7: MITIGATION BANK: A. The Town will provide credit for any EHUs constructed on-site, constructed off-site, or otherwise acquired in anticipation of future commercial development or redevelopment, provided that those EHUs meet all applicable requirements of this Title. However, the construction or acquisition of EHUs in anticipation of future development is at the sole risk of the applicant, because the commercial development shall be subject to all regulations pertaining to EHUs which are in effect at the time the application for commercial development review is submitted to the Town, even if those regulations change after the EHUs are constructed. B. It shall be the applicant's responsibility to provide documentation of any existing EHU credit upon submission of an application for development review. If the applicant cannot adequately document such credits, the Town shall not be obligated to provide such credit. 12-23-8: ADMINISTRATION: A. Each application for development review, except those exempt pursuant to Section 12-23-5, shall include an employee housing plan ef ��w±°^;�^��.� ^•�rwhich includes the following: 1. Calculation Method. The calculation of employee generation, including credits if applicable, and the mitigation method by which the applicant proposes to meet the requirements of this Chapter; 2. Plans. A dimensioned site plan and architectural floor plan that demonstrates compliance with Section 12-23-3, Size and Building Requirements; 3. Lot Size. The average lot size of the proposed EHUs and the average lot size of other dwelling units in the commercial development or redevelopment, if any; 4. Schedules. A timeline for the provision of any off-site EHUs; 5. Off-Site Units. A proposal for the provision of any off-site EHUs shall include a brief statement explaining the basis of the proposal; 29 Ordinance No. 1, Series of2008, second reading 6. Off-Site Conveyance Request. A request for an off-site conveyance shall include a brief statement explaining the basis for the request; 7. Fees-in-lieu. A proposal to pay fees-in-lieu shall include a brief statement explaining the basis of the proposal; and 8. Written Narrative: A written narrative explaining how the employee housing plan meets the purposes of this Chapter and complies with the Town's Comprehensive Plan. �. B. Review: 1. The Administrator shall approve, approve with modifications or deny an employee housing plan involving a total mitigation requirement of less than 1.25 employees. 2. The Planning and Environmental Commission shall approve, approve with modifications or deny an employee housing plan unless the plan involves a total mitigation requirement of less than 1.25 employees; the development � is located within a Special Development District; or the plan includes a request to convey property., �^ ��"�^" ^as�h T^,•,^ �^� �^^�' c�^�� nnnrr�vo , , • 3. The Town Council shall approve, approve with modifications or deny an employee housing plan for a development located within a Special Development District or a plan requesting to convey property. 4. Before granting approval of an employee housing plan, the applicable governing body shall make findings that the employee housing plan conforms to the general and specific purposes of this title, and that the plan is compatible with the applicable elements of the Vail Comprehensive Plan and the development objectives of the Town. S- C. If modifications to a submitted application for development review changes the obligations of the applicant under this Chapter, the applicant shall submit a modified employee housing plan. A modification to an employee housing plan shall be reviewed by the body that reviewed the initial employee housing plan, in accordance with the provisions of this Chapter. � D. An approved employee housing plan shall become part of the approved application for development review for the affected site. E. Requests to amend an approved employee housing plan shall be reviewed in accordance with the procedures described in this Chapter. At the discretion of the Administrator, minor amendments that do not alter the basic intent or methodology of the plan may be approved, or approved with modifications, or denied by the Administrator. 30 Ordinance No. 1, Series of 2008, second reading 12-23-9: OCCUPANCY AND DEED RESTRICTIONS: A. No EHU shall be subdivided or divided into any form of timeshare unit or fractional fee club unit. B. EHUs shall not be leased for a period less than thirty (30) consecutive days. C. An EHU may be sold or transferred as a separate unit on the site. D. An EHU shall be continuously occupied by an employee r�ed and shall not remain vacant for a period in excess of three (3) consecutive months unless, despite reasonable and documented efforts to r� occupy the EHU, r�a� efforts are unsuccessful. E. No later than February 1 of each year, the owner of an EHU shall submit a sworn affidavit on a form provided by the Town to the Town of Vail Community Development Department containing the following information: 1. Evidence to establish that the EHU has been occupied throughout the year by an employee; 2. The rental rate (unless owner-occupied); 3. The employee's employer; and 4. Evidence to demonstrate that at least one #�aa+� person residing in the EHU is an employee. 12-23-10: TIMING: All EHUs required by this Chapter shall be ready for occupancy prior to the issuance of a temporary certificate of occupancy for the affected commercial development or redevelopment. 12-23-11: VARIANCES: Variances from the requirements of this Chapter may be granted pursuant to the procedures and standards set forth in Chapter 17 of this Title. 12-23-12: REVIEW: A. Purpose. The Town Council intends that the application of this Chapter not result in an unlawful taking of private property without the payment of just compensation, and therefore, the Town Council adopts the review procedures set forth in this Section. B. Planning and Environmental Commission review. Any applicant for commercial development who feels that the application of this Chapter would effect an unlawful taking may apply to the Planning and Environmental Commission for an adjustment of the requirements imposed by this Chapter. If the Planning and Environmental Commission determines that the application of 31 Ordinance No. 1, Series of 2008, second reading this Chapter would result in an unlawful taking of private property without just compensation, the Planning and Environmental Commission may alter, lessen, or adjust employee housing requirements as applied to the particular project under consideration to ensure that there is no unlawful uncompensated taking. C. Town Council review. If the Planning and Environmental Commission denies the relief sought by an applicant, the applicant may request a hearing before the Town Council. Such hearing shall be a quasi-judicial hearing and conducted according to the Town's rules and regulations regarding quasi- judicial hearings. At such hearing, the burden of proof shall be on the applicant to establish that the fulfillment of the requirements of this Chapter would effect an unconstitutional taking without just compensation pursuant to applicable law. If the Town Council determines that the application of this Chapter would effect an illegal taking without just compensation, the Town Council may alter, lessen, or adjust the employee housing requirements as applied to the particular project under consideration to ensure that no illegal uncompensated taking occurs. The decision of the Town Council shall be final, subject only to judicial review. Section 25. Chapter 12-24, Inclusionary Zoning, of the Vail Town Code is hereby amended as follows (text to be deleted is in °}rilrc4hrn� �i+h� text that is to be added is bold): 12-24-1: PURPOSE AND APPLICABILITY: A. The purpose of this Chapter is to ensure that new residential development and redevelopment in the Town of Vail provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such residential development and redevelopment. B. This Chapter shall apply to all new residential development and redevelopment located within the following zone districts; except as provided in Section 12-24-5: 1. High Density Multiple Family (HDMF); 2. Public Accommodation (PA); 3. Public Accommodation 2 (PA2); 4. Commercial Core 1 (CC1); 5. Commercial Core 2 (CC2); 6. Commercial Core 3 (CC3); 7. Commercial Service Center (CSC); 8. Arterial Business (ABD); 9. General Use (GU); 10. Heavy Service (HS); 32 Ordinance No. 1, Series of 2008, second reading 0 0 11. Lionshead Mixed Use 1(LMU1); 12. Lionshead Mixed Use 2(LMU2); 13. Ski Base/Recreation (SBR); 14. Ski Base/Recreation 2 (SBR2); 15. Parking District (P); and 16. Special Development (SDD). C. The requirements of this Chapter shall be in addition to all other requirements of this Code. D. When any provision of this Chapter conflicts with any other provision of this Code, the provision of this Chapter shall control. 12-24-2: EMPLOYEE HOUSING REQUIREMENTS: Every residential development and redevelopment shall be required to mitigate its direct and secondary impacts on the Town by providing employee housing at a mitigation rate of ten percent (10%) of the total new GRFA. For example, for a development proposing 5,500 square feet of new GRFA the calculation would be as follows: 5,500 square feet of new GRFA x 10% mitigation rate = 550 square feet of employee housing to be provided 12-24-3: BUILDING REQUIREMENTS: A. Table 24-1, Size of Employee Housing Units, establishes the minimum size requirements for EHUs under this Chapter. All EHUs shall meet or exceed the minimum size requirements. TABLE 24-1 SIZE OF EMPLOYEE HOUSING UNITS Type of Unit Minimum Size (GRFA) Dormitory 250 Studio 438 One-Bedroom 613 Two-Bedroom 788 33 Ordinance No. 1, Series of 2008, second reading B. bathroom. C Three or More -Bedroom 1,225 Every EHU shall contain a kitchen facility or kitchenette and a All trash facilities shall be enclosed. D. Parking shall be provided a�eq�-� in accordance with Chapter 10 of this Title. 1. Exception for on-site EHUs: At the discretion of the applicable governing body, variations to the parking standards outlined in Chapter 10 of this Title may be approved during the review of an employee housing plan subject to a parking management plan. The parking management plan may be approved by the applicable governing body and may provide for a reduction in the parking requirements for on-site units based on a demonstrated need for fewer parking spaces than Chapter 10 of this Title would require. For example, a demonstrated need for a reduction in the required parking could include: a. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. b. A limitation placed in the deed restrictions limiting the number of cars for each unit. c. A demonstrated permanent program including, but not limited to, rideshare programs, car-share programs, shuttle service, or staggered work shifts. E. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit to which it may be attached. - -- - �� -- � - - - - - 12-24-4: REDEVELOPMENT: Employee housing need only be provided for the increase in the GRFA of a redevelopment; provided however, that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced in addition to other requirements of this Chapter. 34 Ordinance No. 1, Series of 2008, second reading 12-24-5: EXEMPTIONS: The following shall be exempt from this Chapter: The remodeling of an existing dwelling unit; 2. The replacement of a demolished residential development, provided the replacement structure does not exceed the total GRFA of the original structure; and 3. The construction of EHUs. 12-24-6: METHODS OF MITIGATION: A. For all new construction (i.e. development that does not affect any existing buildings or structures) and demo/rebuild projects that result in a mitigation requirement of 438 sq. ft. or greater, no less than one-half ('/Z) the mitigation of employee housing required by this Chapter shall be accomplished with on-site units. 1. Exceptions: At the sole discretion of the applicable governing body, an exception may be granted from this subsection based upon one of the following findings: a. Implementation of the on-site unit mitigation method would be contrary to the intent and purpose of the applicable zone district. b. Implementation of the on-site unit mitigation method would be contrary to the goals of the applicable elements of the Vail Comprehensive Plan and the Town's development objectives. c. Exceptional or extraordinary circumstances or conditions apply to the site that prevents the implementation of the on-site unit mitigation method. d. The method of mitigation proposed better achieves the intent and purpose of this Chapter and general and specific purposes of this Title than the on-site mitigation unit method. 2. All on-site EHUs shall be deed �restricted as a"Type IV-IZ" (type four, inclusionary zoning mitigation) or "Type VII-IZ" (type seven, inclusionary zoning mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. 3. At the sole discretion of the applicable governing body, an applicant may provide on-site dormitory style units. 35 Ordinance No. 1, Series of 2008, second reading 4. An applicant may provide a payment of fees-in-lieu for any fractional remainder of the requirement generated under this Chapter totaling less than 438 sq. ft. of EHU floor area. 5. Any remaining portion of the mitigation requirement not provided with on-site units may be provided in accordance with Section 12-24-6B below. R: B. For all development projects except those mitigated by Section 12-24-6A above, the mitigation of employee housing required by this Chapter shall be accomplished through onE, or any combination, of the methods further described in this section. Unless otherwise regulated by this Title, the choice of inethod(s) used to mitigate the employee housing requirements of this Chapter shall be at the sole discretion of the applicant. On-site units. On-site units. a �ho rcn� �i�i�c n� �m%�cr nf CL.JI I� i+r � n�rFinn�hcronf .....�........� .........��. _ r--"--- '- r rleerd re 4rir4cr! in nrnrrl�+nnc ��iifl� ♦hi�+ i�i+�n�or All on-site EHUs .,.. ...........__ ... _---�: ----- ------ -- « YP, » �h/P shall be deed restricted as a T e IV-IZ e four, inclusionary zoning mitigation) or "Type VII-IZ" (type seven, inclusionary zoning mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. b. r �he--�ale �issre�Fo�e�he �lanning �^ �n�iirnnmen4 � /�e ��I6an��}aj�—�r��iiac nn ci�e , , , , , , ' At the sole discretion of the applicable governing body, an applicant may provide on-site dormitory style units. 2. Conveyance of property on-site. An applicant may convey on-site real property to the Town of Vail on which no covenants, restrictions or issues exist that would limit the construction of EHUs, at the sole discretion of the Town Council. This method does not mitigate the on-site unit requirements of Section 12-24-6A above. 3: Off-site units. a. The requisite number of EHUs, or a portion thereof, may be provided off-site within the Town, provided that such EHUs are deed restricted in accordance with this Chapter. b. At the sole discretion of the Planning and Environmental Commission, an applicant may provide off-site dormitory units, unless the application is for a Special Development District, in which case, the Town 36 Ordinance No. 1, Series of 2008, second reading Council, in its sole discretion, may accept dormitory units as a method of mitigation. 4. Payment of fees-in-lieu. T"e� E�n+�t+ag ar� €a�-ifer�er� a. The fee-in-lieu for each square foot shall be established annually by resolution of the Town Council, provided that in calculating that fee, the Town Council shall include the net cost (total cost less the amount covered by rental or sale income) of real property and all related planning, design, site development, legal, construction and construction management costs of the project, in current dollars, which would be incurred by the Town to provide the square feet in that year. b. An administrative fee, established by resolution of the Town Council, shall be added to the amount set forth in paragraph a hereof. c. Fees-in-lieu shall be due and payable prior to the issuance of a building permit for the development. d. The Town shall only use monies collected from the fees-in- lieu to provide new employee housing. 5. Conveyance of property off-site. The Town Council may, at its sole discretion, accept a conveyance of real property off-site in lieu of requiring construction of EHUs, provided that no covenants, restrictions or issues exist on the property that would limit the construction of EHUs. 12-24-7 MITIGATION BANK: A. The Town will provide credit for any EHUs constructed on-site, constructed off-site, or otherwise acquired in anticipation of future residential development or redevelopment, provided that those EHUs meet all applicable requirements of this Chapter. However, the construction or acquisition of EHUs in anticipation of future development is at the risk of the applicant, because the residential development shall be subject to all regulations pertaining to EHUs which are in effect at the time the application for development review is submitted to the Town, even if those regulations change after the EHUs are constructed. B. It shall be the applicant's responsibility to provide documentation of any existing EHU credits upon submission of an application for development review. If the applicant cannot adequately document such credits, the Town shall not be obligated to provide such credits. 12-24-8: ADMINISTRATION: A. Each application for development review, except those exempt pursuant to Section 12-24-5, shall include an employee housing plan ef rt-,tnmcn} �� o��„.;��;�Which includes the following: 37 Ordinance No. 1, Series of 2008, second reading 1. Calculation Method. The calculation of the inclusionary zoning requirement, including credits if applicable, and the mitigation method by which the applicant proposes to meet the requirements of this Chapter; 2. Plans. A dimensioned site plan and architectural floor plan that demonstrates compliance with Section 12-24-3, Building Requirements; 3. Lot Size. The average lot size of the proposed EHUs and the average lot size of other dwelling units in the commercial development or redevelopment, if any; 4. Schedules. A timeline for the provision of any off-site EHUs; 5. Off-Site Units. A proposal for the provision of any off-site EHUs shall include a brief statement explaining the basis of the proposal; 6. Off-Site Conveyance Request. A request for an off-site conveyance shall include a brief statement explaining the basis fo� the request; and 7. Fees-in-lieu. A proposal to pay fees-in-lieu shall include a brief statement explaining the basis of the proposal. 8. Written Narrative. A written narrative explaining how the employee housing plan meets the purposes of this Chapter and complies with the Town's Comprehensive Plan. S. B. Review: 1. The Administrator shall approve, approve with modifications or deny an employee housing plan involving a total mitigation requirement of less than 438 square feet of EHU floor area. 2. The Planning and Environmental Commission shall approve, approve with modifications, or deny an employee housing plan unless the plan involves less than 438 square feet of EHU floor area; the development �► is located within a Special Development District; or the plan includes a request to convey property, > > 3. The Town Council shall approve, approve with modifications or deny an employee housing plan for a development located within a Special Development District or a plan requesting to convey property. 4. Before granting approval of an employee housing plan, the applicable governing body shall make findings that the employee housing 38 Ordinance No. 1, Series of 2008, second reading plan conforms to the general and specific purposes of this title, and that the plan is compatible with the applicable elements of the Vail Comprehensive Plan and the development objectives of the Town. B:- C. If modifications to a submitted application for development review changes the obligations of the applicant under this Chapter, the applicant shall submit a modified employee housing plan. A modification to an employee housing plan shall be reviewed by the body that reviewed the initial employee housing plan, in accordance with the provisions of this Chapter. €- D. An approved Employee Housing Plan shall become part of the approved application for development review for the affected site. E. Requests to amend an approved employee housing plan shall be reviewed in accordance with the procedures described in this Chapter. At the discretion of the Administrator, minor amendments that do not alter the basic intent or methodology of the plan may be approved, or approved with modifications, or denied by the Administrator. 12-24-9: OCCUPANCY AND DEED RESTRICTIONS: A. No EHU shall be subdivided or divided into any form of timeshare unit or fractional fee club unit. B. EHUs shall not be leased for a period less than thirty (30) consecutive days. C. An EHU may be sold or transferred as a separate unit on the site. D. An EHU shall be continuously occupied by an employee fe�ed and shall not remain vacant for a period in excess of three (3) consecutive months unless, despite reasonable and documented efforts to r� occupy the EHU, �a� efforts are unsuccessful. E. No later than February 1 of each year, the owner of each EHU shall submit a sworn affidavit on a form provided by the Town with the following information: 1. Evidence to establish that the EHU has been rented or owner occupied throughout the year; 2. The rental rate (unless owner-occupied); 3. The employee's employer; and 4. Evidence to demonstrate that at least one �eaa� person residing in the EHU is an employee at a business located in Eagle County. 39 Ordinance No. 1, Series of 2008, second reading 12-24-10: TIMiNG: All EHUs required by this Chapter shall be ready for occupancy prior to the issuance of a temporary certificate of occupancy for the affected residential development. 12-24-11: VARIANCES: Variances from the requirements of this Chapter may be granted pursuant to the procedures and standards set forth in Chapter 17 of this Title. 12-24-12: REVIEW: A. Purpose. The Town Council intends that the application of this Chapter not result in an unlawful taking of private property without the payment of just compensation, and therefore, the Town Council adopts the review procedures set forth in this Section. B. Planning and Environmental Commission review. Any applicant for residentiat development who feels that the application of this Chapter would effect an unlawful taking may apply to the Planning and Environmental Commission for an adjustment of the requirements imposed by this Chapter. If the Planning and Environmental Commission determines that the application of this Chapter would result in an unlawful taking of private property without just compensation, the Planning and Environmental Commission may alter, lessen, or adjust employee housing requirements as applied to the particular project under consideration to ensure that there is no unlawful uncompensated taking. C. Town Council review. If the Planning and Environmental Commission denies the relief sought by an applicant, the applicant may request a hearing before the Town Council. Such hearing shall be a quasi-judicial hearing and conducted according to the Town's rules and regulations regarding quasi- judicial hearings. At such hearing, the burden of proof shall be on the applicant to establish that the futfillment of the requirements of this Chapter would effect an unconstitutional taking without just compensation pursuant to applicable law. If the Town Council determines that the application of this Chapter would effect an illegal taking without just compensation, the Town Council may alter, lessen, or adjust the employee housing requirements as applied to the particular project under consideration to ensure that no illegal uncompensated taking occurs. The decision of the Town Council shall be final, subject only to judicial review. Section 26. If 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 27. 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. 40 Ordinance No. 1, Series of 2008, second reading Section 28. 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 29. 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 6�' day of May, 2008 and a public hearing for second reading of this Ordinance set for the 20th day of May, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of May, 2008. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk 41 Ordinance No. 1, Series of 2008, second reading a `� ,�� .i_��^� y�} as a ' i ' ` �' -�:1. a� . 4. �`� r�� 1 .. �... K'_ . M F.. � t 1 �1 . w 5 '� �� ',� �� ,� 4 ,�,. `. .'f� � ., - � �'• � s� _.:.� . BUFFEHR'�CR -- �. � -` .N. _ J,� F�i r R' S 1 N.- �yG . i� y�� o� , O m r7 ` G�p �� 4� �� 4 � i, � ..�� e . s''f� "�� .`:. � x a^� "1 e� `�r�` ' .Q K y ��f.Y� ;l�L 4 `� . 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From: "Greg Moffet" To: , "'Stan Zemler"' , "'Pam "' Ni na Ti mm "' , Date: 05/20/2008 9:04 AM Subject: STOP, the 50% requirement Brandmeyer"' , "'suzanne silverthorn"' , will result in LESS workforce housing! Hi Council So, quickly: if a developer is required to house 6 employees, the new requirement means 3 will go on-site. The minimum square footage to house 3 employees is 750. No sane developer will build a foot more than that, and you can be sure that all 3 employees will share one bathroom (plumbing is expensive). The requirement is for a minimum of 3 employees, but by forcing it on-site that will make it a maximum of 3 employees too. If the same developer goes into the market, he'll have to buy a two bedroom condo to meet the 3 employee requirement. I have yet to find a 2 bedroom unit in town that's as small as 750 sf. In fact most are over 850 sf and have 2 bathrooms. These units can, and will, in realty, frequently house 4 employees (that second bathroom makes a big difference). So by requiring the housing on-site you lose about 100-150 sf of housing, a bathroom and an employee housed. That's a lousy trade. OK, that was the lead, here are the other adverse, and I hope unintended, consequences of requiring the housing on-site: -You will see more SDDs, which goes against the towns policy of reducing the number of SDDs. Why? Because by requiring housing on-site w/o an increase in bulk/mass/density you will push some projects over the edge and make it worthwhile to horse-trade. Moreover that' is the only way to get publicly desirable uses (see next). -You will see less square footage devoted to lodging/retail and office. This is for two reasons, first the on-site housing has to come from somewhere, and second, each one of those uses creates a linkage requirement. So why build it, the cost just went way up. -You reduce pressure on the free market to deed restriction conversions, furEher reducing real housing stock. -You take pressure off of integrating housing into the community, thus working against you're stated objected of maintaining and building our community. It will ensure that an ever increasing proportion of our "residents" are transient labor rather than permanent members of our community. -it's quite likely a"taking", and might well result in a court challenge. I understand that the Housing Authority and Nina favor this, and given their mono-focus on housing, it's to be expected. The Council has a broader perspective and needs to weigh other community objectives in it's decision making. This measure pretty clearly fails to achieve it's "objective" , let alone wunterbalance all the other benefits it will reduce or eliminate. Thanks, as always, for your service Greg Moffet Tiga Advertising, Inc. greg@busad.com 800-419-6532 No virus found in this outgoing message. Checked by AVG. version: 7.5.524 / virus Database: 269.23.21/1454 - Release Date: 5/19/2008 7:44 aM file://C:\�ocuments and Settings\,4dministrator\�ocal Se... 05/20/2008 TO: Town Council FROM DATE: ,�c a �' � I� ' �` � MEMORANDUM d 2 Community Development Department May 6, 2008 ��dor 0,0 'l' SUBJECT: Ordinance No. 1, Series of 2008, an ordinance amending Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. � Applicant: Planner: Town of Vail, Represented by Nina Timm, Housing Coordinator Bill Gibson DESCRIPTION OF THE REQUEST The applicant, Town of Vail, is requesting a first reading of Ordinance No. 1, Series of. 2008, for text amendments to Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. The Planning and Environmental Commission requested that Staff prepare text amendments to articulate the Town's prioritization of the employee housing mitigation methods and to clarify the basis upon which an employee housing plan should be evaluated. Based upon input and direction from the Vail Local Housing Authority at their December and February meetings, and from the Town Council at their January retreat, and the Planning and Environmental Commission; Staff has drafted proposed text amendments that prioritize the Inclusionary Zoning and Commercial Linkage mitigation methods and establish a set of review criteria for evaluating a housing plan. Staff has taken this opportunity to also address numerous minor "code clean-up" items relevant to the inclusionary zoning and commercial linkage regulations. Since the Planning and Environmental Commission's review of the proposed text amendments, the Town's legal council has recommended minor formatting corrections to specific sections of the proposed ordinance. Staff has incorporated these formatting corrections into Ordinance No. 1, Series of 2008, (Attachment A) which has been attached for reference. II. BACKGROUND At its December 11, 2007, public hearing, the Planning and Environmental Commission directed Staff to bring forward recommendations for amendments to Chapters 12-23, Commercial Linkage, and 12-24, Inclusionary Zoning, to better define the Commission's role in reviewing Employee Housing Plans and to clarify the priority of the five approved mitigation methods. The Vail Local Housing Authority discussed the Commission's request at their December 12, 2007, meeting. The Authority determined that the on-site mitigation method is the highest priority and forwarded a recommendation that one-half ('/2) the required employee housing mitigation be required on-site for new construction and demo/rebuild projects. The Commission discussed this recommendation and numerous other issues related to employee housing at its January 14, 2008, public hearing. At the Town Council's January 22, 2008, Council Member retreat and again at its subsequent public hearings, the Town Council indicated that providing on-site units is the most desirable employee housing mitigation method and fee-in-lieu is the teast desirable method, except when necessary to address partial requirements. The proposed amendments to the Commercial Linkage and Inclusionary Zoning standards were discussed by the Planning and Environmental Commission at its February 11, 2008 public hearings. The proposed amendments to the Commercial Linkage and Inclusionary Zoning standards were discussed by the Vail Local Housing Authority at its February 14, 2008, meeting. On February 25, 2008, the Planning and Environmental Commission voted 4-3-0 (Gunion, Proper, and Viele opposed) to forward a recommendation of approval, with modifications, for text amendments to the Commercial Linkage and Inclusionary Zoning employee housing mitigation requirements. In summary, the Vail Local Housing Authority and the Planning and Environmental Commission are both recommending that no less than one-half ('h) of the employee housing mitigation requirements for new and demo/rebuild projects be provided by "on-site units�. The remaining one-half ('/2) of the employee housing requirements for such projects, and the entire requirement for all other types of applicable development projects, would be addressed through the any combination of the five available mitigation methods (i.e. on-site units, conveyance of property on-site, off-site units, conveyance of property off-site, payment of fee-in-lieu). Developers will be allowed to select the mitigation method, or methods, that are most advantageous to their circumstances when presenting an Employee Housing Plan to the Town for review. Numerous clarifications and "clean-ups" to the Commercial Linkage, Inclusionary Zoning, and several other related regulations have also been incorporated into the proposed ordinance. The "clean-ups" do not create any substantive policy changes. On March 18 and April 15, 2008, the Town Council held work sessions to discuss the proposed amendments. 2 III. CRITERIA FOR REVIEW The criteria outlined in Section VI of Staff's March 10, 2008, memorandum to the Planning and Environmental Commission shall be used as the principal criteria in evaluating the merits of the proposed special develo�ment district. The following is an excerpt from the Section VI of Staff's March 10 memorandum: "1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and These regulations were adopted in April, 2007, and mitigation was intended to provide developers with prescribed employee housing mitigation requirements. As implementation of the requirements has occurred, it appears there is a need to clarify requisife Employee Housing Plan expectations to achieve desired outcomes as well as better define certain aspects contained within the regu/ations. Staff believes the proposed text amendments clarify the existing regulations and will continue to further the general and speci�c purposes of Title 12, Zoning Regulations, and Chapters 12-23, Commercia/ Linkage and 12-24, Inclusionary Zoning. Staff believes the proposed text amendments are consistent with the Zoning Regulation's general purpose "to promote the coordinated and harmonious development of fhe Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality." Staff believes the proposed text amendments are consistent with the Zoning Regulation's specific purposes: "3. To promote safe and efficient pedestrian and vehicu/ar traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriate/y /ocated off street parking and /oading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among /and uses, consistent with municipa/ development objectives. 11. To otherwise provide for the growth of an orderly and viable community. " Staff also believes the proposed text amendments are consistent with fhe purposes of the Employee Housing, Commercia/ Linkage, and Inclusionary Zoning chapters of the Zoning Regu/ations that state: 3 "12-13-1: Purpose: The town's economy is large/y tourist based and the health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a strong, high quality and consistently availab/e work force. To achieve such a work force, the community must work to provide quality living and working conditions. Availability and affordability of housing p/ays a critica/ ro/e in creating quality living and working conditions for the community's work force. The fown recognizes a permanent, year round population plays an important role in sustaining a healthy, viab/e community. Further, the town recognizes its ro/e in conjunction with the private sector in ensuring housing is availab/e. " "12-23-1: Purpose and Applicability: The purpose of this chapter is to ensure that new commercia/ development and redeve/opment in the town provide for a reasonab/e amount of employee housing to mitigate the impact on emp/oyee housing caused by such commercial deve/opment and redevelopment. " "12-24-1: Purpose and Applicability: The purpose of this chapter is to ensure that new residentia/ development and redeve/opment in the town of Vail provide for a reasonab/e amount of employee housing to mitigate the impact on employee housing caused by such residentia/ deve/opment and redeve/opment." 2. The extent to which the text amendmeni would better implement and beiter achieve the applicable elements of fhe adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compafible with the development objecfives of the Town; and As Commercia/ Linkage and Inclusionary Zoning only address a sma/l percentage of net new employees generated by new development and redevelopment it is imperative that each development mitigate a portion of its own employee housing requirements on-site. Looking into the future there will be no alternatives to providing emp/oyee housing within the Town of Vail. As Staff began to analyze the five approved mitigation methods to understand what modifications may be required to "equalize" the value of each of the mitigation methods it became apparent that if the community preferred on-site mitigation this was on/y going to be achieved by requiring on-site mitigation. InitiaUy Staff looked at sma/l incremental increases to each of the methods in order to create parity. Through analysis it became apparent that ensuring on-site is the preferred mitigation method and on par with fee-in-lieu or other mitigation methods, dramatic changes wou/d be necessary and wou/d like/y still not create the desired on-site mitigation outcome. A copy of thrs analysis has been attached for reference (Attachment 8). In order to ensure on-site mitigation, the draft Ordinance reflects the policy direction of the Housing Authority and the Commission that no less than one-half (1/2) of the required mitigation be provided on-site for new 4 construction and demo-rebuilds. The draft Ordinance also weights the remaining methods of mitigation to further incent on-site employee housing mitigation. To address developer's concerns abouf predictability, the proposed amendments provide developers with the most predictab/e employee housing review process possib/e. It clearly identifies and requires the community's most valued emp/oyee housing mitigation method while allowing relief from the requirement if.� • It would be contrary to the intent and purpose of the applicable zone district; • It would be contrary to the goa/s of the applicable elements of the Vail Comprehensive Plan and the Town's development objectives; or • There are unique conditions or circumstances that exist on the site or sfructure. Codifying this specific on-site requirement creates a clear understanding for developers of the Town's goals and expectations re/ated to emp/oyee housing mitigation. This specific requirement is also the most effective and efficient means available to the Town to achieve its stated goal of creating on-site employee housing mitigation units. Based upon Staff's analysis comparing the various available mitigation methods (see Attachment 8), it does not appear that "weighting" the various methods can effectively ensure developer will choose to construct on-site units as desired by the Town. Given the assumptions in the analysis, off-site mitigation would need to be weighted by increasing the mitigation rate to more than 100% of the net new emp/oyees to effectively incentivise developers to construct on-site units. Such a requirement would be considered illegal, since mitigation can not be required for more than any net new impact. Additionally, a solely incentive based regulation would not provide developers with clear expectations related to employee housing mitigation requirements. To address the Commission's request for flexibility, a finding is proposed to provide a developer relief from the on-site unit mitigation requirement. . That the method of mitigation proposed better achieves the intent of this Chapter than the on-site mitigation method. Current employee housing regulations include two substantial bonuses to developers for consfructing on-site EHUs: EHUs are excluded from the calculation of density (i.e. the maximum aUowable number of units per acre) EHUs are excluded from the calculation of GRFA (i. e. the maximum allowable floor area) 5 The Commission has requested additional incentives be provided inc/uding: building bu/k/mass incentives (i. e. increase in building height) reductions in setbacks, increases in site coverage, etc. will conflict with the Town's adopted master plans and the purposes of many zone districts. Staff be/ieves allowing variations to the Town's adopted parking standards for on-site EHUs wil! create substantial incentives for developers to provide on-site employee housing units. A reduction in the required parking for an on-site EHU is also consistent with the recommendations of the Lionshead Redeve/opment Master Plan. The following is a list of additiona! incentive options for consideration; however, Staff does not believe any of these options will have a significant affect upon a deve/oper's decision to construct on-site EHUs. • Waivers of building permit fees re/ated to on-site employee housing units. • Rebate of the Construction Use Tax related to the construction of on-site emp/oyee housing units. • Rebate of P/anning Fees re/ated to a development project that provides on-site emp/oyee housing units. • Waivers of the Recreation Fees re/ated to on-site emp/oyee housing units. • Waivers of the Traffic Impact Fees generated by the on-site employee housing units. Staff believes the proposed text amendments would better implement and befter achieve the following adopted goals, objectives and policies of the Vail Land Use Plan: "5.1 Additiona/ residential growth shou/d continue to occur primarily in existing, p/atted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordab/e emp/oyee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market p/ace demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additiona/ employee housing needs shou/d be accommodated at varied sifes throughout the community." Staff believes the proposed text amendments wou/d better imp/ement and better achieve the following adopted goa/s, objectives and policies of the Vail Village Master P/an: [� "Goa/ #2: To foster a strong tourist industry and promote year- around economic hea/th and viability for the village and for the community as a whole. " "2.6 Objective: Encourage the development of affordable housing units through the efforts of the private sector. 2. 6.1 Policy: Employee housing; units may be required as part of any new or redevelopment project requesting density over that allowed by existing zoning. 2.6.2 Policy: Employee housing, shall restricfions so as to insure to the /ocal work force. be developed with appropriate their availability and affordability 2.6.3 Policy: The Town of Vail may facilitate in the development of affordable housing by providing limited assistance." Staff believes the proposed text amendments would better imp/ement and better achieve the following adopted goals, objectives and policies of the Lionshead Redeve/opment Master Plan: "4.1 Housing Recent community surveys and grass-roots planning efforts such as Vail Tomorrow have idenfified the lack of locals housing as the mosf critical issue facing the Vai! community. 4.8.4 Parking for Employee Housing The unit-to-parking space ratio for employee housing should be reduced to maximize fhe housing opportunities in west Lionshead. During the master planning process, the Vail Town Council toured several employee housing complexes in Keystone Resort that averaged .25 cars per bed (one parking space per four-bed unit). Most of these complexes at Keystone are removed from the core and depend on a bus transit system to carry employees to and from work. Yet, Keystone property managers have not observed a parking shortage. Likewise, at the Rivers Edge emp/oyee housing project in Avon, a parking ratio of .75 cars per bed has been more than adequate and the parking lot is underutilized. 4.9.3 Policy Based Housing Opportunities The first means of implementing housing goals in Lionshead is through policy based requirements such as the employee generation ordinance currently being pursued by the Vail Town Council. As required by a future ordinance, all development and redevelopment projects, as a prerequisite to project approval, should provide housing for employees generated and to the extent possible this housing should be located in the Lionshead area." 7 Staff believes the proposed text amendments wou/d better imp/ement and befter achieve the following adopted goals, objectives and policies of the Vail 20/20 Strategic P/an: "Land Use Goa/ #4: Provide for enough deed-restricted housing for at /east 30 percent of the workforce through policies, regu/ations and publicly initiated deve/opment. Actions/Strategies • Update housing regulations to include more zone districts that are required to provide employee housing. • Redeve/op Timber Ridge to increase number of employee beds. • Use employee housing fund for buy-downs and other programs that will increase the number of emp/oyees living within the town. • Address the zoning regulations to provide more incentives for deve/opers to build employee housing units." "Housing Goa/: The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the fown, and will provide for enough deed-restricted housing for at /east 30 percent of the workforce through policies, regulations and publicly initiated development Actions✓Strategies: • Research and propose next steps for strengthening the town's inclusionary zoning and commercial linkage policies, including requirements for more zone districts." Staff believes the proposed text amendments would better implement and _better achieve the following adopted goals, objectives and policies of the Eag/e County Housing Needs Assessment: "Develop county-wide commercia! linkage and inclusionary zoning programs. Requiring employers to provide housing for employees is supported by nearly 70% of the county's residents. Well over ha/f support requiring that a percentage of all new homes be designated for employee housing. Deve/op affordable housing throughout the county except for seasona/ workers, whose housing should be concentrated in Vail." 3. The exfent fo which the text amendment demonstrates how condifions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Staff believes the proposed text amendments are a response to the actual implementation of new regu/ations adopted in April, 2007. These regulations allow developers full discretion to choose which existing � employee housing mitigation works best to their advantage. However, the results of these existing regulations are not achieving the Town's stated goa/s and priorities of creating additional on-site units. A system of incentives, or disincentives, has been created to encourage the construction of more on-site units. This approach further complicates the Commercial Linkage and lnclusionary Zoning regulations and still does not ensure the community will achieve its housing goals. Therefore, the Housing Authority's recommendation that half the employee housing mitigation requirement be provided on-site has been incorporated into the draft Ordinance. Staff believes the proposed text amendments are necessary to more clearly state the community's goal of creating on-site employee housing and are necessary to achieve this goa! in a simple and direct manner. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship amang land use regulations consistent with municipal development objectives. Employee Housing Units are allowed in 23 of the Town's 26 zone districts. They are only prohibited in Heavy Service (the three existing gas station sites) and fwo of the open space districts (Natural Area Preservation District and Outdoor Recreation District). As permitted or conditional uses, the construction of Emp/oyee Housing Units in these 23 zone districts is encouraged and is inherent/y consistent with ihe Town's development objectives. As described in criteria #1 and #2 above; employee housing requirements in general and employee housing regulations specifically related to on- site units are consistent with the goals and objectives of the Town's Zoning Regulations, Land Use Plan, Vail Village Master Plan, Lionshead Redevelopment Master Plan, 20/20 Strategic Plan, and the Eagle County Housing Needs Assessment. Staff believes the proposed text amendments will continue to facilitate and provide a harmonious, convenient, workab/e relationship among land use regulations that are consisfent with the Town of Vail master plans and development objectives. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. Staff has modified the draft Ordinance since the Commission's last public hearing on February 25, 2008, to reflect input from the Housing Authority, the Commission, and Staff." �7 IV. STAFF RECOMMENDATION The Community Development Department recommends the Town Council approves Ordinance No. 1, Series of 2008, on first reading to amend Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. Should the Town Council choose to approve these text amendments, the Community Development Department recommends the Town Council pass the following motion: ' "The Town Council approves, on first reading, Ordinance No. 1, Series of 2008, an ordinance amending Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating emp/oyee housing requirements, and setting forth details in regard thereto." Should the Town Council choose to approve Ordinance No. 1, Series of 2008, on first reading, the Community Development Department recommends the Town Council makes the following findings: "1. That the amendments are consistent with the applicab/e e/ements of the adopted goa/s, objectives and policies outlined in the Vai! Comprehensive P/an and are compatible with the development objectives of the Town, based upon Section Vl of the Staff memorandum dated March 10, 2008, and the evidence and testimony presented; and, 2. That the amendments further the general and specific purposes of Zoning Regulations, based upon Section VI of the Staff inemorandum dated March 10, 2008, and the evidence and testimony presented; and, 3. That the amendments promote the hea/th, safety, mora/s, and general welfare of the Town and promote the coordinated and harmonious deve/opment 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 VI of the Staff inemorandum dated March 10, 2008, and the evidence and testimony presented. " V. ATTACHMENTS Attachment A: Ordinance No. 1, Series of 2008 10 Vail Town Council Attachment: A ORDINANCE NO. 1 SERIES 2008 AN ORDINANCE AMENDING SECTION 12-2-2, DEFiNITIONS OF WORDS AND TERMS; ARTICLES 12-6A, HILLSIDE RESIDENTIAL DISTRICT; 12-6B, SINGLE-FAMILY RESIDENTIAL DISTRICT; 12-6C, TWO-FAMILY RESIDENTIAL DISTRICT; 12-6D, TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL DISTRICT; 12-6E, RESIDENTIAL CLUSTER DISTRICT; 12-6F, LOW DENSITY MULTIPLE-FAMILY DISTRICT; 12-6G, MEDIUM DENSITY MULTIPLE-FAMILY DISTRICT; 12-6H, HIGH DENSITY MULTIPLE-FAMILY DISTRICT; 12-61, HOUSING DISTRICT; 12-7A, PUBLIC ACCOMMODATION DISTRICT; 12-7B, COMMERCIAL CORE 1 DISTRICT; 12-7C, COMMERCIAL CORE 2 DISTRICT; 12-7D, COMMERCIAL CORE 3 DISTRICT; 12-7E, COMMERCIAL SERVICE CENTER; 12-7F, ARTERIAL BUSINESS DISTRICT; 12-7H, LI�NSHEAD MIXED USE 1 DISTRICT; LIONSHEAD MIXED USE 2 DISTRICT; 12-7J, PUBLIC ACCOMMODATION 2 DISTRICT; 12-8A, AGRICULTURAL AND OPEN SPACE DISTRICT; 12-8D, SKI BASE/RECREATION DISTRICT; 12-8E, SKI BASE/RECREATION 2 DISTRICT; 12-9B, PARKING DISTRICT; 12-9C, GENERAL USE;, CHAPTER 12-13, EMPLOYEE HOUSING, CHAPTER 12-23, COMMERCIAL LINKAGE, AND CHAPTER 12-24, INCLUSIONARY ZONING, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on March 10, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval for the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines the provisions of Chapter 12-23, Commercial Linkage and Chapter 12-24, Inclusionary Zoning, Vail Town Code, must be amended to clarify the basis on which Employee Housing Plans shall be reviewed; and, 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 is compatible with the development objectives of the Town, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated March 10, 2008, and the evidence and testimony presented; and, 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 March 10, 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 harmonious development of the Town in a manner that conserves and enhances its natura� Ordinance No. 1, Series of 2008, first reading environment and its established character as a resort and residential community of the highest quality, based upon Section VI of the Staff memorandum dated March 10, 2008, WHEREAS, the Town Council finds and determines that the public heatth, safety, and welfare will be served by these adopting regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated March 10, 2008, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 12-2, Definitions, of the Vail Town Code is hereby amended as follows (text to be deleted is in c�riLe4hrn� �nh� text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-2-2: Definitions of Words and Terms FLOOR AREA, NET : The total floor area within the enclosing walls of a structure not including the following: A. Areas specifically designed and used for mechanical equipment to operate the building. B. Stairways. C. Elevators. D. Common hallways. E. Common lobbies. F. Common restrooms. G. Areas designed and used for parking. H. Areas designed and used as storage which do not have direct access to an individual office or retail store, not to exceed five percent (5%) of the total proposed net floor area for office and not to exceed eight percent (8%) of the total proposed net floor area for retail. "Common areas" are spaces for which all tenants in the building contribute toward the upkeep and maintenance thereof and are not used for employee working areas. Section 2. Article 12-6A, Hillside Residential District, hereby amended as follows (text to be deleted is in �+IFe#�e�g#, bold. Sections of text that are not amended have been omitted.) 12-6A-2: PERMITTED USES: The following uses shall be permitted in the HR district: Single-family residential dwellings. of the Vail Town Code is text that is to be added is 2 Ordinance No. 1, Series of 2008, first reading ' Employee Housing Units, as further regulated by chapter 13 of this title. , � • Section 3. Article 12-6B, Single Family Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6B-2: PERMITTED USES: The following uses shall be permitted in the SFR district: Single-family residential dwellings. �-�.pe-I� ' Employee Housing Units, as further regulated by chapter 13 of this title. , • Section 4. Article 12-6C, Two-Family Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in c}riL� e��, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6C-2: PERMITTED USES: The following uses shall be permitted in the R district: Single-family residential dwellings. Two-family residential dwellings. �e-4 ' Employee Housing Units, as further regulated by chapter 13 of this title. �� . Section 5. Article 12-6D, Two-Family Primary/Secondary Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in ��#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6D-2: PERMITTED USES: The following uses shall be permitted: Single-family residential dwellings. Two-family residential dwellings. T"�^°-�� ' Employee Housing Units, as further regulated by chapter 13 of this title. �, . Section 6. Article 12-6E, Residential Cluster District, of the Vail Town Code is hereby amended as follows (text to be deleted is in `�4riL�y °�ag#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6E-2: PERMITTED USES: The following uses shall be permitted in the RC district: Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings with no more than four (4) units in any new building. Ordinance No. 1, Series of 2008, first reading Single-family residential dwellings. Two-family residential dwellings. �e-� Employee Housing Units, as further regulated by chapter 13 of this title. 12-6E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the RC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Business offices, as further regulated by subsection 12-16-7A13 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-1412 of this title. Private clubs. Professional office, as further regulated by subsection 12-16-7A13 of this title. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. �Yfle-N� � Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 7. Article 12-6F, Low Density Multiple-Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6F-2: PERMITTED USES: The following uses shall be permitted in the LDMF district: Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. Emp oyee Housing Units, as further regulated by chapter 13 of this title. 12-6F-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. 4 Ordinance No. 1, Series of 2008, first reading Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 8. Article 12-6G, Medium Density Multiple-Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in �il�#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6G-2: PERMITfED USES: The following uses shall be permitted in the LDMF district: Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. ' Employee Housing Units, as further regulated by chapter 13 of this title. 12-6G-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-1412 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 9. Article 12-6H, High Density Multiple-Family District, of the Vail Town Code is hereby amended as follows (te� to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6H-2: PERMITTED USES: The following uses shall be permitted in the HDMF district: Lodges, including accessory eating, drinking, recreational or retail establishments, located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area (GRFA) of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. �� ' Employee Housing Units, as further regulated by chapter 13 of this title. 12-6H-3: CONDITIONAL USES: Ordinance No. 1, Series of 2008, first reading The following conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regutated by section 12-14-12 of this title. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public parking structures. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Timeshare units. Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 10. Article 12-61, Housing District, of the Vail Town Code is hereby amended as follows (text to be deleted is in c�ri4o�F�rn� �nh� text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-61-2: PERMITTED USES: The following uses shall be permitted in the H district: Bicycle and pedestrian paths. Employee Housing Units, as further regulated by Chapter 13 of this Title. Passive outdoor recreation areas, and open space. 12-61-3: CONDITIONAL USES: The following conditional uses shall be permitted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit: Banks and financial institutions. Business offices and professional offices as further regulated by section 12-16-7 of this title. Child daycare facilities. Eating and drinking establishments. Funiculars and other similar conveyances. Health clubs. Ordinance No. 1, Series of2008, first reading Personal services, inctuding, but not limited to, laundromats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and C. Dwelling units are only created in conjunction with employee housing, and D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools. Public buildings, grounds and facilities. Public parks and recreational facilities. Public utilities installations including transmission lines and appurtenant equipment. ��} ' Employee Housing Units, as further regulated by chapter 13 of this title. Section 11. Article 12-7A, Public Accommodation District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#�i1Ee�k+�#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7A-2: PERMITTED USES: The following uses shall be permitted in the PA district: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. ' Employee Housing Units, as further regulated by chapter 13 of this title. 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Fractional fee club units as further regulated by subsection 12-16-7A8 of this title. Healthcare facilities. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying befinreen ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the main structure or structures on the site. Major arcades. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Professional and business offices. Public and private schools. Ordinance No. 1, Series of 2008, first reading Public buildings, grounds and facilities. Public parking structures. Public parks and recreational facilities. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Theaters and convention facilities. E�mp oyee Housing Units, as further regulated by Chapter 13 of this Title. Section 12. Article 12-7B, Commercial Core 1 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7B-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: B.Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: 8. �jr�e-�1� employee housing units, as further regulated by chapter 13 of this title. 12-7B-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B.Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: 4. �-F� �n �'^��°° "�;.��;^;J��n�t� Employee Housing Units, as further regulated by chapter 13 of this title. 12-7B-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR: A.Permitted Uses; Exception: The following uses shall be permitted on the second floor above grade within a structure; provided, however, that a conditional use permit will be required in accordance with chapter 16 of this title for any use which eliminates any existing dwelling or accommodation unit or any portion thereof: g, �� ' Employee Housing Units, as further regulated by chapter 13 of this title. B.Conditional Uses: The following uses shall be permitted on second floors above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Dog kennels. Electronics sales and repair shops. Household appliance stores. Liquor stores. Luggage stores. Meeting rooms. Outdoor patios. Theaters. Ordinance No. 1, Series of 2008, first reading E�m�ployee Housing Units, as further regulated by Chapter 13 of this Title. 12-7B-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR: A.Permitted Uses: The following uses shall be permitted on any floor above the second floor above grade: Lodges. Multiple-family residential dwellings. �e-F�F ' Employee Housing Units, as further regulated by chapter 13 of this title. B.Conditional Uses: The following uses shall be permitted on any floor above the second floor above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title. Any permitted or conditional use which eliminates any existing dwelling or accommodation unit, or any portion thereof, shall require a conditional use permit. Such uses may include: 8. ��4 . . • ' . Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 13. Article 12-7D, Commercial Core 3 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in "+riLoFF�rn� �nh� text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7D-1: PERMITTED USES: The following uses shall be permitted in the commercial core 3 district: Banks and financial institutions. Eating and drinking establishments, including the following: Cocktail lounges and bars. Coffee shops. Fountain and sandwich shops. Restaurants. Health clubs. Personal services and repair shops, including the following: Beauty and barber shops. Business and ofFice services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Shoe repair. Small appliance repair shops, excluding fumiture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Auto parts stores. Bakeries and confectioneries, preparation of products for sale on the premises. Bookstores. Ordinance No. 1, Series of 2008, first reading Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Florists. Food stores. Furniture stores. Gift shops. Hardware stores. Health food stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Music and record stores. Newsstands and tobacco stores. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. �e-E� ' Employee Housing Units, as further regulated by chapter 13 of this title. Additional offices, business, or services determined to be similar to permitted uses in accordance with the provisions of this section. 12-7D-2: CONDITIONAL USES: The following conditional uses shall be permitted in the commercial core 3 district, subject to issuance of a conditional use permit in accord with the provisions of chapter 16 of this title: Any use permitted by section 12-7D-1 of this article which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-1418 of this title. Brew pubs. Child daycare center. Commercial laundry and cleaning services, bulk plant. Commercial storage. Dog kennels. Drive-up facilities. Major arcades. Massage parlors. 10 Ordinance No. 1, Series of 2008, first reading Outside car wash. Pet shops. Public buildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Radio and television signal relay transmission facilities. Theaters, meeting rooms, and convention facilities. Transportation businesses. Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 14. Article 12-7E, Commercial Service Center District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#�+Ic�e�g#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7E-3: PERMITTED USES: The following uses shall be permitted in the CSC district: Banks and financial institutions. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Smalt appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travet and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries, including preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Florists. Food stores. 11 Ordinance No. 1, Series of 2008, first reading Furniture stores. Gift shops. Hardware stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Pet shops. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Additional offices, businesses, or services determined to be similar to permitted uses in accordance with the provisions of section 12-7E-2 of this article. Employee housing units as further regulated in Chapter 13 of this Title. 12-7E-4: CONDITIONAL USES: The following conditional uses shall be permitted in the CSC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7E-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-1418 of this title. Bowling alley. Brew pubs. Child daycare centers. Commercial laundry and cleaning services. Dog kennels. Major arcades. Multiple-family residential dwellings and lodges. Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this article. Private clubs. Private parking structures. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. Employee Housing Units, as further regulated by Chapter 13 of this Title. 12 Ordinance No. 1, Series of 2008, first reading Section 15. Article 12-7F, Arterial Business District, of the Vail Town Code is hereby amended as follows (text to be deleted is in °+riLe4hrn� �nh� text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7F-3: PERMITTED USES: The following uses shall be permitted in the arterial business district: Eating and drinking establishments, as follows, are permitted on the first (street) level: Cocktail lounges and bars. Coffee shops, fountains, sandwich shops and restaurant. Personal services and repair shops, as follows, are deemed to be generally accessory and/or supportive of office uses and shall be permitted on the first (street) level: Beauty and barber shops. Shoe repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices and studios. Radio and television broadcasting studios. Retail stores and establishments, as follows, are deemed to be generally accessory and/or supportive of office uses and are therefore permitted so long as they do not exceed eight thousand (8,000) square feet in floor area for each such business use and so long as they are located on the first (street) level: Art supply stores. Bookstores. Drugstores. Florists. Newsstands. Stationery stores. Tobacco stores. Additional offices, businesses or services determined to be similar to permitted uses in accordance with the provisions of section 12-7F-1 of this article. Employee Housing Units, as further regulated by Chapter 13 of this Title. 12-7F-4: CONDITIONAL USES: A.Enumerated: The following conditional uses shall be permitted in the arterial business district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7F-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further provided by section 12-14-18 of this title. Brew pubs. Child daycare centers. Microbreweries. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation faci�ities. Public utility and public services uses, including screened outside storage. 13 Ordinance No. 1, Series of 2008, first reading Service yards. Transportation businesses. Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 16. Article 12-7H, Lionshead Mixed Use 1 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in �e+�g�►, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7H-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: B.Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. �� ' Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B.Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. �� ' Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7H-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A.Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Accommodation units. � Attached accommodation units. Lodges. 14 Ordinance No. 1, Series of 2008, first reading Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and �+#�e. �� ' Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Section 17. Article 12-71, Lionshead Mixed Use 2 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in �il�ea�, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-71-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: B.Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. �� ' Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-71-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B.Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. T�� ' Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-71-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: 15 Ordinance No. 1, Series of 2008, first reading A. Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and � ' Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Section 18. Article 12-8A, Agriculture and Open Space District, of the Vail Town Code is hereby amended as follows (text to be deleted is in �e��#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-8A-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use within public parks, recreation areas, and open spaces which involves assembly of more than two hundred (200) persons together in one building or group of buildings, or in one recreation area or other public recreational facility. Cemeteries. Low power subscription radio facilities. Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges. Public and private schools. Religious institutions. Semipublic and institutional uses, such as convents and religious retreats. Ski lifts and tows. Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 19. Article 12-8D, Ski Base Recreation District, of the Vail Town Code is hereby amended as foliows (text to be deleted is in ctriLc4Fir�� r�h� text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-8D-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreation district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Addition or expansion of storage buildings for mountain equipment. Additions or expansions of public or private parking structures or spaces. Bed and breakfast as further regulated by section 12-14-18 of this title. Child daycare center. Food and beverage cart vending. Public, private or quasi-public clubs. Recreation room/minor arcade. Redevefopment of public parks, playgrounds. Redevelopment of ski lifts and tows. Redevelopment of ski racing facilities. 16 Ordinance No. 1, Series of 2008, first reading Redevelopment of water storage extraction and treatment facilities. Seasonal structures to accommodate athletic, cultural, or educational activities. Summer outdoor storage for mountain equipment. Summer seasonal community offices and programs. Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 20. Article 12-8E, Ski Base Recreation 2 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in n+riLo4hrn� �i+h� text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-8E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreation 2 district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Brew pubs. Fractional fee units. Outdoor dining decks and patios. Private and public clubs. Public utility and public service uses. Employee Housing Units, as further regulated by Chapter 13 of this Title. Additional uses determined to be similar to conditional or permitted uses described in this chapter, in accordance with the provisions of section 12-3-4 of this title. Section 21. Article 12-9B, Parking District, of the Vail Town Code is hereby amended as follows (text to be deleted is in e+riLo4hrn� �nFi� text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-9B-3: CONDITIONAL USES: The following conditional uses shall be permitted subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Major arcades. Parks and recreational facilities. Private or public off street vehicle parking structures. Public uses, private office and commercial uses that are transportation, tourist or town related and that are accessory to a parking structure. Temporary construction staging sites. For the purposes of this section, a temporary construction staging site" shall mean a site on which, for a temporary period of time, construction materials, heavy construction equipment, vehicles and construction trailers may be stored. Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 22. Article 12-9C, General Use District, amended as follows (text to be deleted is in �� Sections of text that are not amended have been omitted.) of the Vail Town Code is hereby , text that is to be added is bold. 1� Ordinance No. 1, Series of 2008, first reading 12-9C-3: CONDITIONAL USES: A.Generally: The following conditional uses shall be permitted in the GU district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Child daycare centers. Equestrian trails. Golf courses. Healthcare facilities. Helipad for emergency and/or community use. Major arcades. Plant and tree nurseries, and associated structures, excluding the sale of trees or other nursery products, grown, produced or made on the premises. Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schools. Public and quasi-public indoor community facilities. Public buildings and grounds. Public parking structure. Public theaters, meeting rooms and convention facilities. Public tourist/guest service related facilities. Public transportation terminals. Public unstructured parking. Public utilities installations including transmission lines and appurtenant equipmenf. Religious institutions. Seasonal structures or uses to accommodate educational, recreational or cultural activities. Ski lifts, tows and runs. Employee Housing Units, as further regulated by Chapter 13 of this Title. Water and sewage treatment plants. Section 23. 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C�C C1 C� a t.. m t a o o� H O N N N N L � N � N M V O �+ V O O O O O d— d'a d O•N ` O1 N � � ' a C� V C� fn � y y x R V N C N W �'_ »=� y v v �a A �o w m� yr=� �� a a� 'O 'O C tL G O O�rV. ��•� � N C H� Y V� C C) E �=+ d d C E E Gf Gf d W`� 0� L N� y Y O. p V 0 Q. •y V 0 V � E E E E d C'J D N N N m 1�0 � 0> 'C �� O 7 V 7 U O O O O N 7 N x 0 N ty0 Y a � d y dd2�iidQ6.QCiC�:i V Vm�r2J�mNN �OGO � lE N O O �N � �' � � C 6� .-. GC1 C;w•+ HGNE� m C 'O f6 N y � � O O N O N a� .� a� � � 0 Z U C (0 c v O N N Section 24. Chapter 12-23, Commercial Linkage, of the Vail Town Code is hereby amended as follows (text to be deleted is in ��e+ig#, text that is to be added is bold): 12-23-1: PURPOSE AND APPLICABILITY: A. The purpose of this Chapter is to ensure that new commercial development and redevelopment in the Town provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such commercial development and redevelopment. B. Except as provided in Section 12-23-5, this Chapter shall apply to all new commercial development and redevelopment located within the following zone districts: 1. High Density Multiple Family (HDMF); 2. Public Accommodation (PA); 3. Public Accommodation 2 (PA2); 4. Commercial Core 1 (CC1); 5. Commercial Core 2 (CC2); 6. Commercial Core 3 (CC3); 7. Commercial Service Center (CSC); 8. Arterial Business (ABD); 9. General Use (GU); 10. Heavy Service (HS); 11. Lionshead Mixed Use 1(LMU 1); 12. Lionshead Mixed Use 2(LMU2); 13. Ski Base/Recreation (SBR); 14. Ski Base/Recreation 2 (SBR2); 15. Parking District (P); and 16. Special Development (SDD). C. The requirements of this Chapter shall be in addition to all other requirements of this Code. D. When any provision of this Chapter conflicts with any other provision of this Code, the provision of this Chapter shall control. 23 Ordinance No. 1, Series of 2008, first reading 12-23-2: EMPLOYEE GENERATION AND MITIGATION RATES: A. The employee generation rates found in Table 23-1, Employee Generation Rates by Type of Commercial Use, shall be applied to each type of use in a commercial development. For any use not listed, the Administrator shall determine the applicable employee generation rate by consulting the Town's current nexus study. TABLE 23-1 EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE Type of Use Employee Generation Rates Retail Store/Personal 2.4 Employees per 1,000 feet of new Service/Repair Shop net floor area Business Office and Professional 3.2 Employees per 1,000 feet of new Office (excluding Real Estate net floor area Office) Accommodation Unit/Limited 0.7 Employees per net new units Service Lodge Unit� Real Estate Office 5.1 Employees per 1,000 feet of new net floor area Eating and Drinking 6.75 Employees per 1,000 feet of Establishment new net floor area Conference Facility 0.8 Employees per 1,000 feet of new net floor area Health Club 0.96 Employees per 1,000 feet of new net floor area Spa 2.1 Employees per 1,000 feet of new net floor area B. If an applicant submits competent evidence that the employee generation rates contained in Table 23-1 or the nexus study do not accurately reflect the number of employees generated by the proposed commercial development or redevelopment and the Administrator finds that such evidence warrants a deviation from those employee generation rates, the Administrator shall allow for such a deviation as the Administrator deems appropriate. C. Each commercial development or redevelopment shall mitigate its impact on employee housing by providing EHUs for twenty percent (20%) of-the employees generated, pursuant to Table 23-1, or the nexus study, in accordance with the requirements of this Chapter. 24 Ordinance No. 1, Series of 2008, first reading For example, for a development proposing 2,500 square feet of new net floor area for an eating and drinking establishment, the equation would be as follows: ((2,500 square feet = 1,000 square feet) x(6.75)) = 16.875 new employees generated 16.875 new employees generated x 20% = 3.375 employees to be housed 12-23-3: SIZE AND BUILDING REQUIREMENTS: A. Table 23-2, Size of Employee Housing Units, establishes the minimum size of EHUs and the number of employees that can be housed in each. All EHUs shall meet or exceed the minimum size requirements. TABLE 23-2 SIZE OF EMPLOYEE HOUSING UNITS Type of Unit Minimum Size Number of (GRFA) Employees Housed Dormitory 250 � Studio 438 1.25 One-Bedroom 613 1.75 Two-Bedroom 788 2•25 Three or More - 1,225 3.5 Bedroom B. bathroom. C D. of this Title. Every EHU shall contain a kitchen facility or kitchenette and a All trash facilities shall be enclosed. Parking shall be provided in accordance with Chapter 10 1. Exception for on-site units: At the discretion of the applicable governing body, variations to the parking standards outlined in Chapter 10 of this Title may be approved during the review of an employee housing plan subject to a parking management plan. The parking management plan may be approved by the applicable governing body and may provide for a reduction in the parking requirements for on-site units based on a demonstrated need for fewer parking spaces than Chapter 10 of this Title would require. For example, a demonstrated need for a reduction in the required parking could include: 25 Ordinance No. 1, Series of 2008, first reading a. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. b. A limitation placed in the deed restrictions limiting the number of cars for each unit. c. A demonstrated permanent program including, but not limited to, rideshare programs, car-share programs, shuttle service, or staggered work shifts. E. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit to which it may be attached. F. Ic Ic �h,�+ll nn� L+e innl� �rlerl in 4F�o Tnuin'c n�lr� �I��innc fnr rlor+�i�v .. � � . .� �.. � .... � . .. ................. ... .... ...,. ... .� �� I 1 �h�+ll he ni�i 4h o o foo4 �f 6: €�Fg�-€�-�„��alaQ..ed�re�hdn�re� �9 q�a�� 12-23-4: REDEVELOPMENT: Employee housing impacts need only be mitigated for a redevelopment that results in a greater number of employees generated from an increase in net floor area, or an increase in the number of accommodation units or limited service lodge units in the redevelopment; provided however, that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced in addition to the other requirements of this Chapter. 12-23-5: EXEMPTIONS: The following shall be exempt from this Chapter: 1. The redevelopment of existing commercial development, if no new net floor area, accommodation units, or limited service lodge units are created; and 2. The construction of EHUs. 12-23-6: METHODS OF MITIGATION: A. For all new construction (i.e. development that does not affect any existing buildings or structures) and demo/rebuild projects that result in a mitigation requirement of 1.25 employees or greater, no less than one-half ('/Z) the mitigation of employee housing required by this Chapter shall be accomplished with on-site units. 1. Exceptions: At the sole discretion of the applicable governing body, an exception may be granted from this subsection based upon one of the following findings: 26 Ordinance No. 1, Series of 2008, first reading �,��,�" . ' � r�''��...�" a. Implementation of the on-site unit mitigation method would be contrary to the intent and purpose of the applicable zone district. b. Implementation of the on-site unit mitigation method would be contrary to the goals of the applicable elements of the Vail Comprehensive Plan and the Town's development objectives. c. Exceptional or extraordinary circumstances or conditions apply to the site that prevents the implementation of the on-site unit mitigation method. d. The method of mitigation proposed better achieves the intent and purpose of this Chapter and general and specific purposes of this Title than the on-site mitigation unit method. 2. All on-site EHUs shall be deed restricted as a"Type IV-CL" (type four, commercial linkage mitigation) or "Type VII-CL" (type seven, commercial linkage mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. 3. At the sole discretion of the applicable governing body, an applicant may provide on-site dormitory style units. 4. An applicant may provide a payment of fees-in-lieu for any fractional remainder of the requirement generated under this Chapter totaling less than 1.25 employees. 5. Any remaining portion of the mitigation requirement not provided with on-site units may be provided in accordance with Section 12-23-6B below. �4: B. For all development projects except those mitigated by Section 12-23-6A above, the mitigation of employee housing required by this Chapter shall be accomplished through one, or any combination, of the methods further described in this section. Unless otherwise regulated by this Title, the choice of inethod(s) used to mitigate the employee housing requirerry�nts of this Chapter shall be at the sole discretion of the applicant. � !j ' � � 1. On-site units. 5►�� b �u�, y` a. , � . All on-site EHUs shall be deed restricted as a"Type IV-CL" (type four, commercial linkage mitigation) or "Type VII-CL" (type seven, commercial linkage mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. 2� Ordinance No. 1, Series of 2008, first reading b. tt� �yy�—�e�g, ' nro4inn g��,c �I�nninr� ,�Q i � � r e e • At the sole discretion of the applicable governing body, an applicant may provide on-site dormitory style units. 2. Conveyance of property on-site. An applicant may convey on-site real property to the Town on which no covenants, restrictions or issues exist that would limit the construction of EHUs, at the sole discretion of the Town Council. This method does not mitigate the on- site unit requirements of Section 12-23-6A above. 3. Off-site units. a. The requisite number of EHUs, or a portion thereof, may be provided off-site within the Town, provided that such EHUs are deed restricted in accordance with this Chapter. b. At the sole discretion of the Planning and Environmental Commission, an applicant may provide off-site dormitory units, unless the application is for a Special Development District, in which case, the Town Council, in its sole discretion, may accept dormitory units as a method of mitigation. 4. Payment of fees-in-lieu. T"° o��.,.,,.,,, �.,a Cn�iir�nmon��l , , • a. The fee-in-lieu for each employee to be housed shall be established annually by resolution of the Town Council, provided that, in calculating that fee, the Town Council shall include the net cost (total cost less the amount covered by rental or sale income) of real property and all related planning, design, site development, legal, construction and construction management costs of the project, in current dollars, which would be incurred by the Town to provide housing for the employee to be housed in that year. b. An administrative fee, established by resolution of the Town Council, shall be added to the amount set forth in paragraph a hereof. c. Fees-in-lieu shall be due and payable prior to the issuance of a building permit for the development. d. The Town shall only use monies collected from fees-in-lieu to provide new employee housing. 28 Ordinance No. 1, Series of 2008, first reading 5. Conveyance of property off-site. The Town Council may, at its sole discretion, accept the conveyance of property off-site in lieu of requiring the provision of EHUs, provided that no covenants, restrictions or issues exist on such property that would limit the construction of EHUs. 12-23-7: MITIGATION BANK: A. The Town will provide credit for any EHUs constructed on-site, constructed off-site, or otherwise acquired in anticipation of future commercial development or redevelopment, provided that those EHUs meet all applicable requirements of this Title. However, the construction or acquisition of EHUs in anticipation of future development is at the sole risk of the applicant, because the commercial development shall be subject to all regulations pertaining to EHUs which are in effect at the time the application for commercial development review is submitted to the Town, even if those regulations change after the EHUs are constructed. B. It shall be the applicanYs responsibility to provide documentation of any existing EHU credit upon submission of an application for development review. If the applicant cannot adequately document such credits, the Town shall not be obligated to provide such credit. 12-23-8: ADMINISTRATION: A. Each application for development review, except those exempt pursuant to Section 12-23-5, shall include an employee housing plan ef �+.,+o.,,o.,+ „f evomn4inn �yhich includes the following: 1. Calculation Method. The calculation of employee generation, including credits if applicable, and the mitigation method by which the applicant proposes to meet the requirements of this Chapter; 2. Plans. A dimensioned site plan and architectural floor plan that demonstrates compliance with Section 12-23-3, Size and Building Requirements; 3. Lot Size. The average lot size of the proposed EHUs and the average lot size of other dwelling units in the commercial development or redevelopment, if any; 4. Schedules. A timefine for the provision of any off-site EHUs; 5. Off-Site Units. A proposal for the provision of any off-site EHUs shall include a brief statement explaining the basis of the proposal; 29 Ordinance No. 1, Series of 2008, first reading 6. Off-Site Conveyance Request. A request for an off-site conveyance shall include a brief statement explaining the basis for the req uest; 7. Fees-in-lieu. A proposal to pay fees-in-lieu shall include a brief statement explaining the basis of the proposal; and 8. Written Narrative. A written narrative explaining how the employee housing plan meets the purposes of this Chapter and complies with the Town's Comprehensive Plan. �. B. Review: 1. The Administrator shall approve, approve with modifications or deny an employee housing plan involving a total mitigation requirement of less than 1.25 employees. 2. The Planning and Environmental Commission shall approve, approve with modifications or deny an employee housing plan unless the plan involves a total mitigation requirement of less than 1.25 employees; the development � is located within a Special Development District; or the plan includes a request to convey property., ' , , . 3. The Town Council shall approve, approve with modifications or deny an employee housing plan for a development located within a Special Development District or a plan requesting to convey property. 4. Before granting approval of an employee housing plan, the applicable governing body shall make findings that the employee housing plan conforms to the general and specific purposes of this title, and that the plan is compatible with the applicable elements of the Vail Comprehensive Plan and the development objectives of the Town. �: C. If modifications to a submitted application for development review changes the obligations of the applicant under this Chapter; the applicant shall submit a modified employee housing plan. A modification to an employee housing plan shall be reviewed by the body that reviewed the ini#ial employee housing plan, in accordance with the provisions of this Chapter. €: D. An approved employee housing plan shall become part of the approved application for development review for the affected site. E. Requests to amend an approved employee housing plan shall be reviewed in accordance with the procedures described in this Chapter. At the discretion of the Administrator, minor amendments that do not alter the basic intent or methodology of the plan may be approved, or approved with modifications, or denied by the Administrator. 30 Ordinance No. 1, Series of 2008, first reading 12-23-9: OCCUPANCY AND DEED RESTRICTIONS: A. No EHU shall be subdivided or divided into any form of timeshare unit or fractional fee club unit. B. EHUs shall not be leased for a period less than thirty (30) consecutive days. C. An EHU may be sold or transferred as a separate unit on the site. D. An EHU shall be continuously occupied by an employee fe�ed and shall not remain vacant for a period in excess of three (3) consecutive months unless, despite reasonable and documented efforts to r� occupy the EHU, �a� efforts are unsuccessful. E. No later than February 1 of each year, the owner of an EHU shall submit a sworn affidavit on a form provided by the Town to the Town of Vail Community Development Department containing the following information: 1. Evidence to establish that the EHU has been occupied throughout the year by an employee; 2. The rental rate (unless owner-occupied); 3. The employee's employer; and 4. Evidence to demonstrate that at least one �� person residing in the EHU is an employee. 12-23-10: TIMING: All EHUs required by this Chapter shall be ready for occupancy prior to the issuance of a temporary certificate of occupancy for the affected commercial development or redevelopment. 12-23-11: VARIANCES: Variances from the requirements of this Chapter may be granted pursuant to the procedures and standards set forth in Chapter 17 of this Title. 12-23-12: REVIEW: A. Purpose. The Town Council intends that the application of this Chapter not result in an unlawful taking of private property without the payment of just compensation, and therefore, the Town Council adopts the review procedures set forth in this Section. B. Planning and Environmental Commission review. Any applicant for commercial development who feels that the application of this Chapter would effect an unlawful taking may apply to the Planning and Environmental Commission for an adjustment of the requirements imposed by this Chapter. If the Planning and Environmental Commission determines that the application of 31 Ordinance No. 1, Series of 2008, first reading this Chapter would resuit in an unlawful taking of private property without just compensation, the Planning and Environmental Commission may alter, lessen, or adjust employee housing requirements as applied to the particular project under consideration to ensure that there is no unlawful uncompensated taking. C. Town Council review. If the Planning and Environmental Commission denies the relief sought by an applicant, the applicant may request a hearing before the Town Council. Such hearing shall be a quasi-judicial hearing and conducted according to the Town's rules and regulations regarding quasi- judicial hearings. At such hearing, the burden of proof shall be on the applicant to establish that the fulfillment of the requirements of this Chapter would effect an unconstitutional taking without just compensation pursuant to applicable law. If the Town Council determines that the application of this Chapter would effect an illegal taking without just compensation, the Town Council may alter, lessen, or adjust the employee housing requirements as applied to the particular project under consideration to ensure that no illegal uncompensated taking occurs. The decision of the Town Council shall be final, subject only to judicial review. Section 25. Chapter 12-24, Inclusionary Zoning, of the Vail Town Code is hereby amended as follows (text to be deleted is in �e�gk►, text that is to be added is bold): 12-24-1: PURPOSE AND APPLICABILITY: A. The purpose of this Chapter is to ensure that new residential development and redevelopment in the Town of Vail provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such residential development and redevelopment. B. This Chapter shall apply to all new residential development and redevelopment located within the following zone districts, except as provided in Section 12-24-5: 1. High Density Multiple Family (HDMF); 2. Public Accommodation (PA); 3. Public Accommodation 2 (PA2); 4. Commercial Core 1 (CC1); 5. Commercial Core 2 (CC2); 6. Commercial Core 3 (CC3); 7. Commercial Service Center (CSC); 8. Arterial Business (ABD); 9. General Use (GU); 10. Heavy Service (HS); 32 Ordinance No. 1, Series of 2008, first reading 11. Lionshead Mixed Use 1(LMU1); 12. Lionshead Mixed Use 2(LMU2); 13. Ski Base/Recreation (SBR); 14. Ski Base/Recreation 2 (SBR2); 15. Parking District (P); and 16. Special Development (SDD). C. The requirements of this Chapter shall be in addition to all other requirements of this Code. D. When any provision of this Chapter conflicts with any other provision of this Code, the provision of this Chapter shall control. 12-24-2: EMPLOYEE HOUSING REQUIREMENTS: Every residential development and redevelopment shall be required to mitigate its direct and secondary impacts on the Town by providing employee housing at a mitigation rate of ten percent (10%) of the total new GRFA. For example, for a development proposing 5,500 square feet of new GRFA the calculation would be as follows: 5,500 square feet of new GRFA x 10% mitigation rate = 550 square feet of employee housing to be provided 12-24-3: BUILDING REQUIREMENTS: A. Table 24-1, Size of Employee Housing Units, establishes the minimum size requirements for EHUs under this Chapter. All EHUs shall meet or exceed the minimum size requirements. TABLE 241 SIZE OF EMPLOYEE HOUSING UNITS Type of Unit Minimum Size (GRFA) Dormitory 250 Studio 438 One-Bedroom 613 Two-Bedroom 788 33 Ordinance No. 1, Series of 2008, first reading B. bathroom. C. Three or More -Bedroom 1,225 Every EHU shall contain a kitchen facility or kitchenette and a All trash facilities shall be enclosed. D. Parking shall be provided �� rom �irorl hv in accordance with Chapter 10 of this Title. 1. Exception for on-site EHUs: At the discretion of the applicable governing body, variations to the parking standards outlined in Chapter 10 of this Title may be approved during the review of an employee housing plan subject to a parking management plan. The parking management plan may be approved by the applicable governing body and may provide for a reduction in the parking requirements for on-site units based on a demonstrated need for fewer parking spaces than Chapter 10 of this Title would require. For example, a demonstrated need for a reduction in the required parking could include: a. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. b. A limitation placed in the deed restrictions limiting the number of cars for each unit. c. A demonstrated permanent program including, but not limited to, rideshare programs, car-share programs, shuttle service, or staggered work shifts. E. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit to which it may be attached. , se�fe� .. . 12-24-4: REDEVELOPMENT: Employee housing need only be provided for the increase in the GRFA of a redevelopment; provided however, that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced in addition to other requirements of this Chapter. � 34 Ordinance No. 1, Series of 2008, first reading 12-24-5: EXEMPTIONS: The following shall be exempt from this Chapter: 1. The remodeling of an existing dwelling unit; 2. The replacement of a demolished residential development, provided the replacement structure does not exceed the total GRFA of the original structure; and 3. The construction of EHUs. 12-24-6: METHODS OF MITIGATION: A. For all new construction (i.e. development that does not affect any existing buildings or structures) and demo/rebuild projects that result in a mitigation requirement of 438 sq. ft. or greater, no less than one-half ('/Z) the mitigation of employee housing required by this Chapter shall be accomplished with on-site units. 1. Exceptions: At the sole discretion of the applicable governing body, an exception may be granted from this subsection based upon one of the following findings: a. Implementation of the on-site unit mitigation method would be contrary to the intent and purpose of the applicable zone district. b. Implementation of the on-site unit mitigation method would be contrary to the goals of the applicable elements of the Vail Comprehensive Plan and the Town's development objectives. c. Exceptional or extraordinary circumstances or conditions apply to the site that prevents the implementation of the on-site unit mitigation method. d. The method of mitigation proposed better achieves the intent and purpose of this Chapter and general and specific purposes of this Title than the on-site mitigation unit method. 2. All on-site EHUs shall be deed restricted as a"Type IV-IZ" (type four, inclusionary zoning mitigation) or "Type VII-IZ" (type seven, inclusionary zoning mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. 3. At the sole discretion of the applicable governing body, an applicant may provide on-site dormitory style units. 35 Ordinance No. 1, Series of 2008, first reading 4. An applicant may provide a payment of fees-in-lieu for any fractional remainder of the requirement generated under this Chapter totaling less than 438 sq. ft. of EHU floor area. 5. Any remaining portion of the mitigation requirement not provided with on-site units may be provided in accordance with Section 12-24-6B below. �4- B. For all development projects except those mitigated by Section 12-246A above, the mitigation of employee housing required by this Chapter shall be accomplished through one, or any combination, of the methods further described in this section. Unless otherwise regulated by this Title, the choice of inethod(s) used to mitigate the employee housing requirements of this Chapter shall be at the sole discretion of the applicant. 1. On-site units. On-site units. a. , , . All on-site EHUs shall be deed restricted as a"Type IV-IZ" (type four, inclusionary zoning mitigation) or "Type VII-IZ" (type seven, inclusionary zoning mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. U. TYr-CiY�iJBY��ISG�TiTfGfl--efi t�c�—°la^^��,;,;�afld , � , , � � . At the sole discretion of the applicable governing body, an applicant may provide on-site dormitory style units. 2. Conveyance of property on-site. An applicant may convey on-site real property to the Town of Vail on which no covenants, restrictions or issues exist that would limit the construction of EHUs, at the sole discretion of the Town Council. This method does not mitigate the on-site unit requirements of Section 12-246A above. 3. Off-site units. a. The requisite number of EHUs, or a portion thereof, may be provided off-site within the Town, provided that such EHUs are deed restricted in accordance with this Chapter. b. At the sole discretion of the Planning and Environmental Commission, an applicant may provide off-site dormitory units, unless the application is for a Special Development District, in which case, the Town 36 Ordinance No. 1, Series of 2008, first reading Council, in its sole discretion, may accept dormitory units as a method of mitigation. 4. Payment of fees-in-lieu. �h�—Olan�ing Gn�-�nTn viii i f� a. The fee-in-lieu for each square foot shall be established annually by resolution of the Town Council, provided that in calculating that fee, the Town Council shall include the net cost (total cost less the amount covered by rental or sale income) of real property and all related planning, design, site development, legal, construction and construction management costs of the project, in current dollars, which would be incurred by the Town to provide the square feet in that year. b. An administrative fee, established by resolution of the Town Council, shall be added to the amount set forth in paragraph a hereof. c. Fees-in-lieu shall be due and payable prior to the issuance of a building permit for the development. d. The Town shall only use monies collected from the fees-in- lieu to provide new employee housing. 5. Conveyance of property off-site. The Town Council may, at its sole discretion, accept a conveyance of real property off-site in lieu of requiring construction of EHUs, provided that no covenants, restrictions or issues exist on the property that would limit the construction of EHUs. 12-24-7 MITIGATION BANK: A. The Town will provide credit for any EHUs constructed on-site, constructed off-site, or otherwise acquired in anticipation of future residential development or redevelopment, provided that those EHUs meet all applicable requirements of this Chapter. However, the construction or acquisition of EHUs in anticipation of future development is at the risk of the applicant, because the residential development shall be subject to all regulations pertaining to EHUs which are in effect at the time the application for development review is submitted to the Town, even if those regulations change after the EHUs are constructed. B. It shall be the applicant's responsibility to provide documentation of any existing EHU credits upon submission of an application for development review. If the applicant cannot adequately document such credits, the Town shall not be obligated to provide such credits. 12-24-8: ADMINISTRATION: A. Each application for development review, except those exempt pursuant to Section 12-245, shall include an employee housing plan ef which includes the following: 37 Ordinance No. 1, Series of 2008, first reading . ,_�_,:_=�::� :.:--=��:.e.-�-.�:.-_-,.- _ _ - - ,eo 1. Calculation Method. The calculation of the inclusionary zoning requirement, including credits if applicable, and the mitigation method by which the applicant proposes to meet the requirements of this Chapter; 2. Plans. that demonsfrates Requirements; A dimensioned site plan and architectural floor plan compliance with Section 12-24-3, Building 3. Lot Size. The average lot size of the proposed EHUs and the average lot size of other dwelling units in the commercial development or redevelopment, if any; 4. Schedules. A timeline for the provision of any off-site EHUs; 5. Off-Site Units. A proposal for the provision of any off-site EHUs shall include a brief statement explaining the basis of the proposal; 6. Off-Site Conveyance Request. A request for an off-site conveyance shall include a brief statement explaining the basis for the request; and 7. Fees-in-lieu. A proposal to pay fees-in-lieu shall include a brief statement explaining the basis of the proposal. 8. Written Narrative. A written narrative explaining how the employee housing plan meets the purposes of this Chapter and complies with the Town's Comprehensive Plan. G. B. Review: 1. The Administrator shall approve, approve with modifications or deny an employee housing plan involving a total mitigation requirement of less than 438 square feet of EHU floor area. 2. The Planning and Environmental Commission shall approve, approve with modifications, or deny an employee housing plan unless the plan involves less than 438 square feet of EHU floor area; the development �4a� is located within a Special Development District; or the plan includes a request to convey property, . � 3. The Town Council shall approve, approve with modifications or deny an employee housing plan for a development located within a Special Development District or a plan requesting to convey property. 4. Before granting approval of an employee housing plan, the applicable governing body shall make findings that the employee housing 38 Ordinance No. 1, Series of 2008, first reading plan conforms to the general and specific purposes of this title, and that the plan is compatible with the applicable elements of the Vail Comprehensive Pian and the development objectives of the Town. B: C. If modifications to a submitted application for development review changes the obligations of the applicant under this Chapter, the applicant shall submit a modified employee housing plan. A modification to an employee housing plan shall be reviewed by the body that reviewed the initial employee housing plan, in accordance with the provisions of this Chapter. €� D. An approved Employee Housing Plan shall become part of the approved application for development review for the affected site. E. Requests to amend an approved employee housing plan shall be reviewed in accordance with the procedures described in this Chapter. At the discretion of the Administrator, minor amendments that do not alter the basic intent or methodology of the plan may be approved, or approved with modifications, or denied by the Administrator. 12-24-9: OCCUPANCY AND DEED RESTRICTIONS: A. No EHU shall be subdivided or divided into any form of timeshare unit or fractional fee club unit. B. EHUs shall not be leased for a period less than thirty (30) consecutive days. C. An EHU may be sold or transferred as a separate unit on the site. D. An EHU shall be continuously occupied by an employee �ed and shall not remain vacant for a period in excess of three (3) consecutive months unless, despite reasonable and documented efforts to r-e� occupy the EHU, �a� efforts are unsuccessful. E. No later than February 1 of each year, the owner of each EHU shall submit a sworn affidavit on a form provided by the Town with the folfowing information: 1. Evidence to establish that the EHU has been rented or owner occupied throughout the year; 2. The rental rate (unless owner-occupied); 3. The employee's employe�; and 4. Evidence to demonstrate that at least one �� person residing in the EHU is an employee at a business located in Eagle County. 39 Ordinance No. 1, Series of 2008, first reading 12-24-10: TIMING: All EHUs required by this Chapter shall be ready for occupancy prior to the issuance of a temporary certificate of occupancy for the affected residential development. 12-24-11: VARIANCES: Variances from the requirements of this Chapter may be granted pursuant to the procedures and standards set forth in Chapter 17 of this Title. 12-24-12: REVIEW: A. Purpose. The Town Council intends that the application of this Chapter not result in an unlawful taking of private property without the payment of just compensation, and therefore, the Town Council adopts the review procedures set forth in this Section. B. Planning and Environmental Commission review. Any applicant for residential development who feels that the application of this Chapter would effect an unlawful taking may apply to the Planning and Environmental Commission for an adjustment of the requirements imposed by this Chapter. If the Planning and Environmental Commission determines that the application of this Chapter would result in an unlawful taking of private property without just compensation, the Planning and Environmental Commission may alter, lessen, or adjust employee housing requirements as applied to the particular project under consideration to ensure that there is no unlawful uncompensated taking. C. Town Council review. If the Planning and Environmental Commission denies the relief sought by an applicant, the applicant may request a hearing before the Town Council. Such hearing shall be a quasi-judicial hearing and conducted according to the Town's rules and regulations regarding quasi- judicial hearings. At such hearing, the burden of proof shall be on the applicant to establish that the fulfillment of the requirements of this Chapter would effect an unconstitutional taking without just compensation pursuant to applicable law. If the Town Council determines that the application of this Chapter would effect an illegal taking without just compensation, the Town Council may alter, lessen, or adjust the employee housing requirements as applied to the particular project under consideration to ensure that no illegal uncompensated taking occurs. The decision of the Town Council shall be final, subject only to judicial review. Section 26. If 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 27. 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. 40 Ordinance No. 1, Series of 2008, first reading Section 28. 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 29. 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 1st day of April, 2008 and a public hearing for second reading of this Ordinance set for the 15th day of April, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk 41 Ordinance No. 1, Series of 2008, first reading , , TO: Town Council FROM DATE MEMORANDUM Community Development Department April 15, 2008 SUBJECT: Work session for Ordinance No. 1, Series of 2008, an ordinance amending Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. Applicant: Planner: Town of Vail, Represented by Nina Timm, Housing Coordinator Bill Gibson DESCRIPTION OF THE REQUEST The applicant, Town of Vail, is requesting a work session to discuss the proposed Ordinance No. 1, Series of 2008, for text amendments to Chapters 12- 23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. Due to concerns of ambiguity in the current inclusionary zoning and commercial linkage requirements, the Planning and Environmental Commission requested that Staff prepare text amendments to articulate the Town's prioritization of the employee housing mitigation methods and to clarify the basis upon which an employee housing plan should be evaluated. Based upon input and direction from the Vail Local Housing Authority at their December and February meetings, and from the Town Council at their January retreat; Staff has drafted proposed text amendments that prioritize the inclusionary zoning and commercial linkage mitigation methods and establish a set of review criteria for evaluating a housing plan. Staff has taken this opportunity to also address numerous minor "code clean-up" items relevant to the inclusionary z�ning and commercial linkage regulations. Sectian III of this memorandum outlines discussion items for the work session in a question and answer format. Staff is requesting the Council listens to a StafF presentation, asks questions, and requests any additional information from Staff that the Council believes will be helpful in the review of this proposal. The applicant is also requesting a first reading of the proposed Ordinance No. 1, Series of 2008, for text amendments to Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto, at the Council's evening hearing. 11. BACKGROUND At its December 11, 2007, public hearing, the Planning and Environmental Commission directed Staff to bring forward recommendations for amendments to Chapters 12-23, Commercial Linkage, and 12-24, Inclusionary Zoning, to better define the Commission's role in reviewing Employee Housing Plans and to clarify the priority of the five approved mitigation methods. � �� , .l (� ru � fi � � ��k� � � ,��2 �� /�S� � a� � � � �� '1 „ ' A 4��• The Vail Local Housing Authority discussed the Commission's request at their December 12, 2007, meeting. The Authority determined that the on-site mitigation method is the highest priority and forwarded a recommendation that half the required emptoyee housing mitigation be required on-site for new construction and demo/rebuild projects. The Commission discussed this recommendation and numerous other issues related to employee housing at its January 14, 2008, public hearing. At the Town Council's January 22, 2008, Council Member retreat and again at its subsequent public hearings, the Town Council indicated that providing on-site units is the most desirable employee housing mitigation method and fee-in-lieu is the least desirable method, except when necessary to address partial , requirements. The proposed amendments to the Commercial Linkage and Inclusionary Zoning standards were discussed by the Planning and Environmental Commission at its February 11, 2008 public hearings. The proposed amendments to the Commercial Linkage and Inclusionary Zoning standards were discussed by the Vail Local Housing Authority at its February 14, 2008, meeting. On February 25, 2008, the Planning and Environmental Commission voted 4-3-0 (Gunion, Proper, and Viele opposed) to forward a recommendation of approval, with modifications, for text amendments to the Commercial Linkage and Inclusionary Zoning employee housing mitigation requirements. In summary, the Vail Local Housing Authority and the Planning and Environmental Commission are both recommending that no less than one-half ('/�) of the employee housing mitigation requirements for new and demo/rebuild projects be provided by "on-site units". The remaining one-half ('/Z) of the employee housing requirements for such projects, and the entire requirement for all other types of applicable devetopment projects, would be addressed through the any combination of the five available mitigation methods (i.e. on-site units, conveyance of property on-site, off-site units, conveyance of property off-site, payment of fee-in-lieu}. Developers will be allowed to select the mitigation method, or methods, that are most advantageous to their circumstances when presenting an Employee Housing Plan to the Town for review. Numerous clarifications and °clean-ups" to the Commercial Linkage, Inclusionary Zoning, arrd several other related �egulations have aiso been incorporated into 2 a � i . a � the proposed ordinance. Staff does not believe these "clean-ups" create any substantive policy changes. On March 18, 2008, the Town Council held a work session to discuss the proposed amendments. Ordinance No. 1, Series of 2008, (Attachment A), and the March 10, 2008, Staff memorandum to the Planning and Environmental Commission (Attachment B) have been attached for reference. III. WORK SESSION .DISCUSSION ITEMS What Staff heard? At the Council's March 18�' work session, the Council requested this item be placed on the April 15�' work session agenda to allow Staff an opportunity to provide a detailed overview of the proposal and to allow the Council to request additionat information. One Council member asked if Staff had conside�ed an incentive system that didn't reduce the overall mitigation requirements and commented that if a developer proposed a better off-site housing plan that the on-site requirement could be waived. Both of these issues are addressed later in this section. The Council also requested the first reading of the proposed Ordinance No. 1, Series of 2008 be placed on the evening meeting agenda to allow for public input and discussion concerning the proposal. Do the proposed amendments change a developer's employee housing mitigation requirements? The proposed amendments do not modify how much employee housing mitigation is required for development projects. The proposed amendments only modify which mitigation method may be used to meet the commercial linkage and inclusionary requirements. Specifically, no less than one-half ('/z) a development's employee housing mitigation obligation must be accommodated through on-site units. Which development projects will be affected by the proposed amendments? Both the current and proposed inclusionary zoning and commercial linkage regulations only apply to high density residential, commercial, and mixed use zone districts. These regulations do not apply to single-family or two-family residences. The proposed amendments prescribe that no less than one-half ('/2} the employee housing mitigation requirements be met on-site for new construction and "demo/rebuild" development projects. "Additions", whether large or small, to existing buildings will not be subject to this on-site unit requirement. 3 Why are on-site units the preferred method of mitigation? On-site employee housing units are preferred over the other available mitigation methods due to: • the scarcity of developable land resources; • the financial, political, and practical difficulties associated with the construction of any free standing employee housing development; • the need for additional workforce housing to ensure the long term sustair�ability of Vail's economy; • an opportunity to improve the Town's sense of community; on-site units create "live-work" opportunities; � on-site units create less demand on, and impact to, the Town's infrastructure; • the Town of Vail has an opportunity to become a leader in addressing employee housing within Eagle County; and, • 70% of the community's workforce housing needs created by future development are not addressed by these regulations. Why require on-site units? The Town Staff and most developers prefer to have a clear understanding of the Town's regulations pertaining to development. If the Town's goals and policies identify on-site units as the preferred employee housing mitigation method, then the Town's regulations need to clearly express this expectation to meet such a goal. A specific requirement that no less than one-half ('/�) the employee housing mitigation required for new construction be provided with on-site units, creates clear expectations for developers, the public, Staff, plus the elected officials and appointed boards. What alternative to requiring on-site units did the Planning and Environmental Commission consider? The Planning and Environmental Commission considered "weighting" the employee housing mitigation rates, but determined the employee housing obligations resulting from such a system would not be desirable. Rather than reducing the minimum mitigation obligations for on-site units, the Commission considered increasing the mitigation rates for the off-site and fee-in-lieu mitigation methods. Based upon a Staff analysis, substantial rate increases would be necessary to "equalize" these methods with the on-site unit method. The off-site unit mitigation rate would need to increase from 10% to 50% for inclusionary zoning and from 20% to 100% for commercial linkage. The Fee-in-lieu mitigation rate would need to increase from 10% to 21.25% for inclusionary zoning and from 20% to 26.5% for commercial linkage. Greater rate increases would be necessary to create an incentive to construct on-site units (or to create an adequate disincentive for the use of the other mitigation methods). Are there any exceptions to the proposed on-site unit mitigation requirements? 4 � . Yes. The proposed on-site unit mitigation requirement could be waived if implementation of the on-site unit method: conflicts with the Town's zoning regulations or master plans, exceptional conditions exist that will prevent the units construction, or the developer proposes an employee housing mitigation plan that better achieves the Town's goals than on-site units. What incentives do the inclusionary zoning and commercial linkage mitigation regulations provide for on-site employee housing units? Currently, the Town Code provides two very significant incentive.s for the construction of on-site employee housing units. The Town Code excludes these employee housing units from the calculation of density (i.e. units per acre) allowed on a development site. Therefore, there is no limit to the number of employee housing units allowed on a development site. The Town Code also excludes these employee housing units from the calculation of allowable Gross Residential Floor Area (GRFA). The proposed text amendments will add another significant incentive for the construction of on-site employee housing units. At the discretion of the governing body (Staff, PEC, or Council), varia tions (i.e. reductions) may be granted to the parking requirements for on-site employee housing units based upon the same review criteria outlined in the Housing District to establish parking requirements for employee housing projects such as Middle Creek, Timber Ridge, and Solar Vail. Can the Council adjust (i.e. increase) the inclusionary zoning and commercial linkage mitigation requirements? Yes. The current 10% inclusionary zoning and 20% commercial linkage requirements are minimum mitigation rates necessary to achieve the Town Council's goal of housing at least 30% of Vail workforce within the Town of Vail. Can a development provide its employee housing mitigation requirements outside the Town of Vail? No. Providing employee housing outside the Town of Vail will not achieve the Town Council's goal of housing at least 30% of Vail workforce within the Town of Vail. If development within the Town of Vail slows, how will new employee housing be created? The intent of commercial linkage and inclusionary zoning is to "keep up" with the net new employee housing needs generated by development projects. Therefore, if development slows, the need for net new employee housing will also slow. These regulations are not intended to "catch-up° with the Town's existing employee housing deficiencies. These existing housing deficiencies / must be addressed through other policies and programs. 5 IV V. CRITERIA FOR REVIEW The criteria outlined in Section VI of Staff's March 10, 2008, memorandum to the Planning and Environmental Commission shall be used as the principal criteria in evaluating the merits of the proposed special development district. STAFF RECOMMENDATION The Community Development Department recommends the Town Council approves Ordinance No. 1, Series of 2008, on first reading to amend Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. Should the Town Council choose to approve these text amendments, the Community Development Department recommends the Town Council pass the following motion: "The Town Council approves, on first reading, Ordinance No. 1, Series of 2008, an ordinance amending Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to estab/isf► standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto." Should the Town Council choose to approve Ordinance No. 1, Series of 2008, on first reading, the Community Development Department recommends the Town Council makes the following findings: "9. That the amendments are consistent with the apRlicable elements of the adopted goa/s, objecfives and policies outlined in fhe Vail Comprehensive Plan and are compatible with fhe development objecfives of the Town, based upon Section VI of fhe Staff memorandum dated March 10, 2008, and the evidence and testimony presented,� and, 2. That the amendments further the general and specific purposes of Zoning Regulafions, based upon Section VI of the Staff inemorandum dated March 10, 2008, and the evidence and testimony presented; and, 3. Thaf the amendments promofe 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 VI of fhe Staff inemorandum dated March 10, 2008, and the. evidence and tesfimony presented. " VI. ATTACHMENTS Attachment A: Attachment B: Ordinance No. 1, Series of 2008 March 10, 2008, Staff memorandum to the Planning and Environmental Commission C� , . Vail Town Councii Attachment: A ORDINANCE NO. 1 SERIES 2008 AN ORDINANCE AMENDING SECTION 12-2-2, DEFINITIONS OF WORDS AND TERMS; ARTICLES 12-6A, HILLSIDE RESIDENTIAL DISTRICT; 12-6B, SINGLE-FAMILY RESIDENTIAL DISTRICT; 12-6C, TWO-FAMILY RESIDENTIAL DISTRICT; 12-6D, TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL DISTRICT; 12-6E, RESIDENTIAL CLUSTER DISTRICT; 12-6F, LOW DENSITY MULTIPLE-FAMILY DISTRICT; 12-6G, MEDIUM DENSITY MULTIPLE-FAMILY DISTRICT; 12-6H, HIGH DENSITY MULTIPLE-FAMILY DISTRICT; 12-61, HOUSING DISTRICT; 12-7A, PUBLIC ACCOMMODATION DISTRICT; 12-7B, COMMERCIAL CORE 1 DISTRICT; 12-7C, COMMERCIAL CORE 2 DISTRICT; 12-7D, COMMERCIAL CORE 3 DISTRICT; 12-7E, COMMERCIAL SERVICE CENTER; 12-7F, ARTERIAL BUSINESS DISTRICT; 12-7H, LIONSHEAD MIXED USE 1 DISTRICT; LIONSHEAD MIXED USE 2 DISTRICT; 12-7J, PUBLIC ACCOMMODATION 2 DISTRICT; 12-8A, AGRICULTURAL AND OPEN SPACE DISTRICT; 12-8D, SKI BASE/RECREATION DISTRICT; 12-8E, SKI BASE/RECREATION 2 DISTRICT; 12-96, PARKING DISTRICT; 12-9C, GENERAL USE;, CHAPTER 12-13, EMPLOYEE HOUSING, CHAPTER 12-23, COMMERCIAL LINKAGE, AND CHAPTER 12-24, INCLUSIONARY ZONING, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on March 10, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval for the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outtined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines the provisions of Chapter 12-23, Commercial Linkage and Chapter 12-24, Inclusionary Zoning, Vail Town Code, must be amended to clarify the basis on which Employee Housing Plans shall be reviewed; and, 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 is compatible with the development objectives of the Town, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated March 10, 2008, and the evidence and testimony presented; and, 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 March 10, 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 harmonious development of the Town in a manner that conserves and enhances its natural Ordinance No. 1, Series of 2008, first reading environment and its established character as a resort and residential community of the highest quality, based upon Section VI of the Staff memorandum dated March 10, 2008, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated March 10, 2008, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 12-2, Definitions, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#fil�#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-2-2: Definitions of Words and Terms F�OOR AREA, NET : The iota! floor area within the enclosing walls of a structure not including the following: A. Areas specifically designed and used for mechanical equipment to operate the building. B. Stairways. C. Elevators. D. Common hallways. E. Common lobbies. F. Common restrooms. G. Areas designed and used for parking. H. Areas designed and used as storage which do not have direci access to an individua! o�ce or retail store, not to exceed frve percent (5%) of the tofa! proposed net floor area for o�ce and not to exceed eight percent (S%) of the iofal proposed net floor area for retail. "Common areas" are spaces for which a!! tenants in the building contribute foward the upkeep and maiFltenance thereof and are not used for employee working areas. Section 2. Article 12-6A, Hillside Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#f+k�#�e�gl�, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6A-2: PERMITTED USES: The following uses shall be permitted in the HR district: Single-family residential dwellings. Ordinance No. 1, Series of 2008, first reading , , " Employee Housing Unifs, as further regulated by chapter 13 of this trtle. . , Section 3. Article 12-6B, Single Family Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in � , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-68-2: PERMITTED USES: The following uses shall be permitted in the SFR district: Single-family residential dwellings. �� Emp/oyee Housing Units, as further regulated by chapter 13 of this title. , � Section 4. Article 12-6C, Two-Family Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s��a�g#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6C-2: PERMlTTED USES: The following uses shal! be permiited in the R district: Single-family residential dwellings. Two-family residential dwellings. T�� ' Employee Housing Units, as further regulated by chapter 13 of this title. � " � ' Section 5. Article 12-6D, Two-Family Primary/Secondary Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in � , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6D-2: PERMITTED USES: The following uses shall be permitted: Single-family residential dwellings. Two-family residential dwellings. T�� ' Employee Housing Units, as further regulated by chapter 13 of this title. � ' Section 6. Article 12-6E, Residential Cluster District, of the Vail Town Code is hereby amended as follows (text to be deleted is in � , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6E-2: PERMITTED USES: The following uses shall be permitted in the RC district: Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings with no more than four (4) units in any new building. z Ordinance No. 1, Series of 2008, first reading , , Single-family residential dwellings. Two-family residential dwellings. �e-�u Employee Housing Units, as further regulated by chapter 13 of tfris title. 12-6E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the RC district, subject fo issuance of a conditional use permit in accordance with the provisians of chapfer 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this fit/e. Business offices, as furfher regulated by subsection 12-1&-7A13 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Professional office, as further regulated by subsection 12-16-7A?3 of fhis fitle. Public buildings, grounds and faciJifies. Public or private schoo/s. Public park and recreation facilities. Public utility and public service uses. Ski lifts and fows. Emp/ yee Housing Units, as further regulated by Chapter 13 of this Title. Section 7. Article 12-6F, Low Density Multiple-Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6F-2: PERMITTED USES: The following uses shall be permitted in the LDMF district: Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. Singfe-family residential dwellings. Two-family residential dwellings. Empl yee Housing Units, as further regulated by chapter 93 of this title. 92-6F-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF districf, subject fo issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Ordinance No. 1, Series of 2008, first reading E$mp yee Housing Units, as furthei regulafed by Chapter 13 of this Tifle. Section 8. Article 12-6G, Medium Density Multiple-Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#il�e+�g#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6G-2: PERMITTED USES: The following uses shall be permitted in the LDMF district: Multiple-family residential dwellings, including attached or row dwe!lings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. � Employee Housing Units, as further regulated by chapfer 13 of this title. 12-6G-3: CONDITIONAL USES: The following conditional uses shal! be permitted in the LDMF districf, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home chi(d daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Employee Housing Units, as further regulated by Chapter 13 of ihis Title. Section 9. Article 12-6H, High Density Multiple-Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in ' , text that is to be added is bold. Sections of text that are not amended have been omitted.) . 12-6H-2: PERMITTED USES: The following uses shall be permitted in the HDMF distFict: Lodges, including accessory eating, drinking, recreationa! or retail establishments, located within the principal use and not occupying more than ten percent (10%) of the . total gross residential floor area (GRFA) of the main structure or structures on the sife; additional accessory dining areas may be located on an oufdoor deck, porch, or terrace. Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. �� ' Emp/oyee Housing Units, as further regulated by chapter 13 of this title. 12-6H-3: CONDITIONAL USES: Ordinance No. 1, Series of 2008, first reading rhe following conditional uses shall be permitted in the HDMF districf, subject to issuance of a conditional use permit in accordance with fhe provisions of chapter 16 of fhis title: Bed and breakfasts as further regulated by section 92-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulafed by section 12-14-12 of this title. Private clubs and civic, cultural and fraternal organizations. Private parking structures. . Private unstructured parking. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public parking sfrucfures. Public t�ansporfation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Timeshare units_ Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 10. Article 12-61, Housing District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-61-2: PERMITTED USES: The following uses shall be permitted in the H district: Bicycle and pedestrian paths. � • Employee Housing Units, as further regulated by Chapter 13 of this Title. Passive outdoor recreation areas, and open space. 12-6/-3: CONDITIONAL USES: The following conditional uses shall be permitted in the H district, subject to issuance of a conditiona! use permit in accordance with the provisions of chapter 16 of this title: Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of fhe development, and developed in conjunction with employee housing, in which case fhe following uses may be allowed subject to a conditiona! use permit: Banks and financial institutions. Business o�ces and professional offices as further regu/ated by section 92-16-7 of this tifle. Child daycare facilities. Eating and drinking establishments. Funiculars and other similar conveyances. Ordinance No. 1, Series of 2�08, first reading Health clubs. Personal services, including, buf not limited to, laundromats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing unifs) subject to the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and 8. Dwelling units are not tf►e primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the tota! GRFA constructed on the property, and C. Dwe!ling units are only created in conjunction with employee housing, and D. Dwelling units are compafible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools. Public buildings, grounds and facilities. Public parks and recreational facilities. Public utilities installations including transmission lines and appurtenant equipment. ��} ' Emplayee Housing Units, as further regulated by chapter 13 of this title. Section 11. Article 12-7A, Public Accommodation District, of the Vail Town Code is hereby amended as follows (text to be deleted is in �It��, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7A-2: PERMITTED USES: The following uses shall be permitted in the PA district: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and nof occupying more than ten percent (10%) of ihe total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. � Employee Housing Units, as furfher regulated by chapter 13 of this title. 12-7A-3: CONDITIONAL USES: The following conditional uses shal! be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-98 of this title. Fractional fee club units as further regulated by subsection 92-16-7A8 of this iitle. Hea/thcare facilities. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the main structure or structures on the site. Major arcades. Private clubs and civic, cultural and fraterna! organizations. Private parking structures. Private unstructured parking. Professional and business offices. Ordinance No. 1, Series of 2008, first reading Public and private schools. Public buildings, grounds and facilities. Public parking structures. Public parks and recreational facilities. Public transportation ferminals. Public unstructured parking. Public utility and public service uses. Religious insfitutions. Ski lifts and tows. Theaters and convention facilities. Employee Housing Units, as further regulated by Chapfer 13 of this Title. Section 12. Article 12-7B, Commercial Core 1 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#r�J��ec�g#, text that is to be added is bold. Sections of text that are not amended have been omitted.) ?2-78-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: 8. Permitted Uses: The following uses shall be permifted in basement or garden levels within a structure: 8. �� employee housing units, as further regulated by chapter 13 of this title. 12-78-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B.Permitted Uses: The following uses shall be permitted on the first tloor or street level within a structure: 4. T"� " Employee Housing Units, as further regulated by chapter 93 of fhis title. 12-78-4: PERMITTED AND CONDITIONAL USES; SECOND FLDOR: A. Permitted Uses; Exception: The following uses sha!! be permitted on the second floor above grade within a structure; provided, however, that a conditional use permif will be required in accordance with chapter 96 of this title for any use which eliminates any existing dwelling or accommodation unit or any portion thereof.� g. .�� ' Employee Housing Units, as further regulated by chapter 13 of this title. 8. Conditional Uses: The following uses shall be permitted on second floors above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Dog kennels. Electronics sa/es and repair shops. Household appliance sfores. Liquor sfores. Luggage stores. Meeting rooms. Outdoor patios. Ordinance No. 1, Series of 2008, first reading Theaters. Emp yee Housing Unifs, as further regulafed by Chapter 13 of this Title, 12-78-5: PERMlTTED AND CONDITIONAL USES; ABOVE SECOND FLOOR: A.Permitted Uses: The following uses shall be permitted on any floor above the second floor above grade: Lodges. Multiple-family residential dwellings. -r"� " Employee Housing Unifs, as further regulated by chapter 13 of this fitle. B.Conditiona! Uses: The following uses shall be permitfed on any floorabove the second floor above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title. Any permitted or conditional use which eliminates any existing dwelling or accommodation unit, or any portion thereof, shalJ require a conditional use permif. Such uses may include: 8. -�yyee-EI� " Emp/oyee Housing Units, as further regulated by Chapter 13 of this Tifle. Section 13. Article 12-7D, Commercial Core 3 District, of the Vail Town Code is hereby amended as follows (text to be deteted is in � , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7D-1: PERMITTED USES: The following uses shall be permitted in the commercia! core 3 district: Banks and financial institutions. Eating and drinking esfablishments, including the following: Cocktail lounges and bars. Coffee shops. Fountain and sandwich shops. Restauranfs. Health clubs. Personal services and repair shops, including fhe following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Shoe repair. Small appliance repair shops, excluding furniture repair. Tailo�s and dressmakers. Travel and ticket agencies. Professional o�ces, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and gaUeries. Aufo parfs stores. Bakeries and confectioneries, preparation of products for sa/e on the premises. Ordinance No. 1, Series of 2008, first reading Booksfores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware sfores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Florists_ Food stores. Furniture stores. Gift shops. Hardware stores. Healfh food stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Music and record stores. Newsstands and tobacco stores. Photographic studios. Radio and felevision broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. �� Employee Housing Units, as further regulated by chapter 13 of this title. Additional o�ces, business, or services determined to be similar to permitted uses in accordance with the provisions of this section. . 12-7D-2: CONDITIONAL USES: The following conditional uses shal! be permitted in the commercial core 3 district, subject to issuance of a conditional use permit in accord with the provisions of chapter 16 of this title: Any use permitted by section 12-7D-1 of this article which is not conducted entirely within a building. Bed and breakfasts as further regulafed by section 12-1418 of this title. Brew pubs. Child daycare center. Commercial laundry and cleaning services, bulk plant. Commercial storage. Dog kennels. Drive-up facilities. Major arcades. � p Ordinance No. 1, Series of 2008, first reading , . Massage parlors. Outside car wash. Pet shops. Public buildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Radio and television signal relay transmission facilities. Theaters, meeting rooms, and convention faci/ifies. Transportation businesses. Employee Housing Units, as further regulated by Chapter 13 of fhis Tiile. Section 14. Article 12-7E, Commercial Service Center District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#-�l�e+�, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7E-3: PERMI TTED USES: The following uses shall be permitted in the CSC district: Banks and financial institutions. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service. Cocktai/ lounges and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Persona! services and repair sf►ops, including the following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Small appliance repair shops, excluding fumiture repair. Tailors and dressmakers. Travel and tickef agencies. Professional offices, business offices, and studios. Retaif stores and establishments without limit as to floor area including the following: Apparel stores. Art supply sfores and galleries. Bakeries and confecfioneries, including preparafion of products for sale on the premises. Bookstores. Building materials stores without outdoor sforage. Camera stores and photographic studios. Candy stores. Chinaware and glassware sfores. Delicafessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronres sa/es and repair shops. Florists. 11 Ordinance No. 1, Series of 2008, first reading � N-. Food stores. Furniture stores. Gift shops. Hardware stores. Hobby stores_ Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Pet shops. Photographic studios. Radio and television broadcasting sfudios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Additional offices, businesses, or services determined to be similar to permitted uses in accordance with the provisions of section 12-7E-2 of this article. Employee housing units as further regulated in Chapter 13 of this Title. 12-7E-4: COND1TlONAL USES: The following conditional uses shall be permitted in the CSC districf, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by secfion 12-7E-3 of this article, which is not eonducted entirely within a building. Bed and breakfasts as further regulafed by section 12-14-18 of this title. Bowling alley. Brew pubs. Child daycare centers. Commercial laundry and cleaning services. Dog kennels. Major arcades. Multiple-family residential dwellings and lodges. Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this article. Private c/ubs. Private parking structures. Private unstrucfured parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. � 2 Ordinance No. 1, Series of 2008, first reading Employee Housing Units, as further regulafed by Chapfer 93 of this Title. Section 15. Article 12-7F, Arterial Business District, of the Vail Town Code is hereby amended as follows (text to be deleted is in str-�IEet-��k�, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7F-3: PERMITTED USES: The following uses shall be permitted in the arterial business district: Eating and drinking establishments, as follows, are permitted on the �rst (street) level: Cocktai! lounges and bars. Coffee shops, fountains, sandwich shops and restaurant. Personal services and repair shops; as follows, are deemed to be generally accessory and/or supportive of office uses and shall be permitted on the first (street) level: Beauty and barber shops. Shoe repair. Tailors and dressmakers. Travel and ticket agencies. Professional o�ces, busrness offices and studios. Radio and television broadcasting studios. Retail stores and establishments, as f.ollows, are deemed fo be generally accessory and/or supportive of office uses and are therefore permitted so long as they do not exceed eight thousand (8, 000) square feet in floor area for each such business use and so long as they are located on the first (street) level: Art supply stores. Bookstores. Drugstores. Florists. Newsstands. Stafionery sfores. Tobacco stores. Additional offices, businesses or services determined to be similar fo permitted uses in accordance with the provisions of section 12-7F-1 of this arficle. Employee Housir�g Units, as further regulated by Chapter 13 of this Title, 12-7F-4: COIVDITIONAL USES: A.Enumerated: The following conditional uses shall be permitted in the arteria! business district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of fhis title: Any use permitted by section 12-7F-3 of fhis article, which is not conducted entirely within a building. Bed and breakfasts as further provided by section 12-14-18 of this title. Brew pubs. Child daycare centers. Microbreweries. Private unstructured parking. Public buildings, grounds and facilities. � 3 Ordinance No. 1, Series of 2008, first reading i . , � � Public park and recreation facilities. Public utility and public services uses, including screened outside storage. Service yards. Transportation businesses. Ernployee Housing Units, as further regulafed by Chapter 13 of this Title. Section 16. Article 12-7H, Lionshead Mixed Use 1 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in �#Fe�#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7H-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: 8. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops_ Professiona! offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishmenfs. Skier ficketing, ski school and skier services. Travel and ticket agencies. �N[ ' Employee Housing Unifs, as further regulated by chapter 13 of fhis title. Additional uses determined to be similar to permitfed uses described in this subsection, in accordance with fhe provisions of section 12-3-4 of this title. 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: 8. Permitted Uses: The following uses shall be permitted on the �rst floor or street leve! within a structure: Banks, with walk-up teller facilifies. Child daycare centers. Eafing and drinking establishments. Recreafion facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. �p�u " Emp/oyee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar fo permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7H-4: PERMITTED AND CONDlTIONAL USES; SECOND FLOOR AND ABOVE: A. Permitted Uses; Exception: The following uses shall be permifted on those floors above the frrst floor within a structure: Accommodation units. 14 Ordinance No. 1, Series of 2008, first reading R � � . K Attached accommodation units. Lodges. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and e�€-�le. .�y� ' Employee Housing Unifs, as further regulated by chapter ?3 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Section 17. Article 12-71, Lionshead.Mixed Use 2 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-71-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: B. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial insfifutions. Child daycare centers. Commercial ski storage. Eating and drinking esfablishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski schoo! and skier services. Travel and ticket agencies. T"�� Emp/oyee Housing Units, as further regulated by chapter 13 of this title. Addifional uses determined to be similar fo permifted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-71-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: 8. Permitted Uses: The following uses shall be permitted on the first tloor or street level within a structure: Banks, with walk-up teller facilifies. Child daycare cenfers. Eating and drinking establishmenfs. Recreation facilities. . Retail stores and establishments. Skier ticketing, ski school and skier services. Trave! and ticket agencies. T"� ' Employee Housing Units, as further regulated by chapter ?3 of this fitle. Additional uses determined fo be similar to permifted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. � 5 Ordinance No. 1, Series of 2008, first reading i . . � w 12-71-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A_Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fracfiona! fee clubs, lodge dwelling units, and e€�#is-�i#e} �� ' Employee Housing Units, as further regulated by chapfer 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Section 18. Article 12-8A, Agriculture and Open Space District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#�F��, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-8A-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapfer 16 of this title: Any use within public parks, recreation areas, and open spaces which involves assembly of more than two hundred (200) persons together in one building or group of buildings, or in one recreation area or other public recreafional facifity. Cemetenes. Low power subscripfion radio facilities. Private golf, tennis, swimming and riding c/ubs, and hunting and fishing /odges. Public and private schoo/s. Religious instifutions. Semipublic and institutional uses, such as convents and religious retreats. Ski /ifts and tows. Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 19. Article 12-8D, Ski Base Recreation District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s��i��#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-8D-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreation districf, subjecf fo the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Addltion or expansion of storage buildings for mounfain equipment. Additions or expansions of public or private parking struciures or spaces. Bed and breakfast as furfher regulated by section 12-14-18 of this title. Child daycare center. Food and beverage cart vending. Public, private or quasi-public clubs. Recreation room/minor arcade. Redevelopment of public parks, playgrounds. Redevelopment of ski lifts and tows. 16 Ordinance No. 1, Series of 2008, first reading � � ± . a Redevelopment of ski racing facilities. Redevelopment of water storage extraction and treafinent facilities. Seasona/ structures to accommodate afhletic, cultural, or educationa! activities. Summer outdoor storage for mountain equipment. Summer seasonal community offices and programs. Employee Housing Units, as further regulated by Chapter 13 of this Tifle. Section 20. Article 12-8E, Ski Base Recreation 2 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in � , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-8E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreation 2 district, subject to the issuance of a conditional use permit in accordance with the provisions of chapfer 16 of this title: Brew pubs. Fractiona! fee units. Outdoor dining decks and patios. Private and public c/ubs. Public utility and public service uses. Emp/oyee Housing Units, as further regulated by Chapfer 13 of this Tifle. Addifional uses determined to be similar to conditiona! or permitted uses described in this chapfer, in accordance with the provisions of section 12-3-4 of this title. Section 21. Article 12-9B, Parking District, of the Vail Town Code is hereby amended as follows (text to be deleted is in `�frairi�icnF'�ivp9ii� text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-9B-3: CONDITIONAL USES: The following conditional uses shall be permitted subject to issuance of a conditional use permit in accordance wifh the provisions of chapter 16 of this title: Major arcades. Parks and recreational facilities. Private or public off street vehicle parking structures. Public uses, private office and commercial uses that are transportation, tourist or town related and that are accessory to a parking structure. Temporary construction staging sites. For the purposes of this secfion, a"temporary construction staging site" shall mean a site on which, for a temporary period of fime, construction materials, heavy construction equipment, vehicles and construcfion trailers may be stored. Employee Ho�rsing Units, as further regulated by Chapfer 13 of this Title. Section 22. Article 12-9C, General Use District, amended as follows (text to be deleted is in °�t��As^h Sections of text that are not amended have been omitted.) of the Vail Town Code is hereby , text that is to be added is bold. � � Ordinance No. 1, Series of 2008, first reading 1 � �� .� 12-9C-3: CONDITIONAL USES: A.Generally: The following conditional uses shall be permitted in the GU district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Child daycare centers. Equestrian trails. Golf courses. Healthcare facilities. Helipad for emergency and/or community use. Major arcades. Plant and tree nurseries, and associated structures, excluding the sa/e of trees or other nursery products, grown, produced or made on the premises. Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schoo/s. Public and quasi-public indoor community facilities. Public buildings and grounds. Public parking structure. Public fheaters, meeting rooms and convention facilities. Public tourist/guesf service related facilities. Public transportation terminals. Public unstructured parking. Public utilities installations including transmission lines and appurtenant equipment. Religious institutions. Seasonal structures or uses fo accommodate educational, recreational or cultural activities. Ski lifts, tows and runs. Employee Housing Units, as further regulated by Chapter 13 of this Tifle. Water and sewage freatment plants. Section 23. Section 12-13-4, Employee Housing, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#�e�#�e�g�, text that is to be added is bold. Sections of text that are not amended have been omitted.) 1 g Ordinance No. 1, Series of 2008, first reading J 1 a � � W � � Z � _ W � 4 W � m � w W � � C y W 'C � !�1 C � r @ � � � `0 'O m ' J y d �. 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C G � � m m � y « YI C) � � � Wc��cy� �e: mt ao 0 o�i i� O N �I N N r L .= N �`i � O - N ,a, �; .C�f � p O O O� N G� k ��" CI CI � U U U (/l `� p� � � 1�,,,0 m y G �J'�m � � v R ioiaiat� H rob m�0 �°' m ro�LL ai E E� L i�Q y o� mtYi> m y� m Q� m m a� m ai ar ��p QN� O� p E E� E v�J m yN�m Ny_W �C m�y �= O 7 V� V O O O O W 7 1�q k 0 u�l N Y a' C N 1�1 44=�2aQaQUVVUVUO��J�GOv1e�i �a0� � N o 0 S � e " �e o �e F-�NE� C . � � o� v m a� � O 0 N O N .� N � � N C � O N N , � . a , � Section 24. Chapter 12-23, Commercial Linkage, of the Vaii Town Code is hereby amended as foll�ws (text to be deleted is in s#��Q�, text that is to be added is bold): 12-23-1: PURPOSE AND APPLICABIUTY.' A. The purpose of this Chapter is to ensure that new commercial development and redevelopment in the Town provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such commercial development and redevelopmenf. 8. Except as provided in Section 12-23-5, this Chapter shal! apply to all new commercial development and redevelopment located within the following zone districts: • 1. High Density Multiple Family (HDMF); 2. Public Accommodation (PA); 3. Public Accommodation 2 (PA2); 4. Commercial Core 1 (CC1); 5. Commercial Core 2 (CC2); 6. Commercial Core 3 (CC3); 7. Commercia! Service Center (CSC); 8. Arterial Business (ABD); 9. Genera! Use (GU); 10. Heavy Service (HS); 11. Lionshead Mixed Use 1(LMU1); 12. Lionshead Mixed Use 2(LMU2); 13. Ski Base/Recreafion (SBR); 14. Ski Base/Recreation 2 (SBR2); 15. Parking District (P); and 16. Special Development (SDD). C. The requiremenfs of this Chapter shall be in addition to al! other requirements of this Code. D. When any provision of this Chapter conflicfs with any other provision of this Code, the provision of ihis Chapter shall control. 23 Ordinance No. 1, Series of 2008, first reading E 6 � � 12-23-2: EMPLOYEE GENERATION AND MITIGATION RATES: A. The employee generation rates found in Table 23-1, Employee Generation Rates by Type of Commercial Use, shall be applied to each type of use in a commercial development. For any use not listed, the Adminisfrator shall determine the applicable employee generation rate by consu/ting the Town's current nexus study_ TABLE 23-1 EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE Type of Use Employee Generation Rates Reiail Store/Persona! 2.4 Employees per 1,000 feef of new Service/Repair Shop net floor area Business Office and Professional 3.2 Employees per 1, 000 feet of new O�ce (excluding Rea/ Estate net floor area Office) Accommodation Unit/Limited 0.7 Employees per nef new units Service Lodge Unit Real Estate Office 5.1 Employees per 1,000 feet of new net floor area Eating and Drinking 6.75 Employees per 1, 000 feet of Esfablishment new net tloor area Conference Facility 0.8 Employees per 1, 000 feet of new net floor area Health Club 0.96 Employees per 1,000 feef of new net floor area Spa 2.1 Employees per 9, 000 feet of new net floor area 8. !f an applicant submits competent evidence that the employee generafion rates contained in Table 23-1 or the nexus study do not accurafely reflect the number of employees generated by the proposed commercial development or redevelopment and the Administrator finds that such evidence warrants a deviation from those employee generation rates, the Administrator shal! allow for such a deviation as the Administrator deems appropriate. C. Each commercial development or redevelopment shall mitigafe its impact on employee housing by providing EHUs for twenty percent (20%) of-the employees generated, pursuant to Table 23-1, or the nexus study, in accordance with the requirements of this Chapter. 24 Ordinance No. 1, 5eries of 2008, first reading , � • . For example, for a devel�pment proposing 2,500 square feef of new net floor area for an eating and drinking establishment, the equation would be as follows: ((2,500 square feet = 1,000 square feet) x(6.75)) = 16.875 new employees generated 16.875 new employees generated x 20% = 3.375 employees to be housed 12-23-3: SIZE AND BUILDING REQUIREMENTS: A. Table 23-2, Size of Employee Housing Units, estab/ishes the minimum size of EHUs and the number of employees that can be housed in each. AI! EHUs shall meef or exceed the minimum size requirements. TABLE 23-2 SIZE OF EMPLOYEE HOUSING UNITS Type of Unit Minimum Size Number of (GRFA) Employees Housed Dormitory 250 � Studio 43$ T -25 One-Bedroom 693 1.75 Two-Bedroom 788 2.25 Three or More - 1,225 3.5 Bedroom B. bathroom. C. D. of this Title. Every EHU shall contain a kitchen facility or kitchenette and a A!! irash facilifies shall be enclosed. Parking shall be provided in accordance wifh Chapter 10 1. Excepfion for on-site units: At the discrefion of fhe governing body, variaiions to the parking standards outlined in Chapter 10 of fhis Tifle may be approved during the review of an employee housing plan subject fo a parking management plan. The parking management plan may be approved by the governing body and may provide for a reduction in the parking requirements for on-site units based on a demonstrated need for fewer parking spaces than Chapter 10 of fhis Title would require. For example, a demonstrated need for a reducfion in fhe required parking cou/d inc/ude: 25 Ordinance No. 1, Series of 2008, first reading 1 � � r O a. Proximify or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. b. A limitation placed in the deed restricfions limiting the number of cars for each unit. c. A demonstrated permanent program including, buf not limited to, rideshare programs, car-share proqrams, shutfle service, or staggered work shifts. E. Each EHU shall have its own entrance. There shall 6e no interior access from any EHU fo any dwelling unit to which it may be attached. , se�a� �` Cvnni CI-ll ! c/�t 1l hn �Il�uiorl fhto� l'i��nrlrerl i�nrn c��nrre fric�f r�f � / -i 12-23-4: REDEVELOPMENT.� Employee housing impacts need only be mifigated for a redevelopment that results in a greater number of employees generated from an increase in net floor area, or an increase in the number of accommodation units or limited service lodge units in the redevelopment; provided however, that if any existing EHUs are fo be removed, an equal amount of EHUs shall be replaced in addifion to the other requirements of this Chapter. 12-23-5: EXEMPTIONS: The following shall be exempt from this Chapter.• 1. The redevelopmenf of existing commercial development, if no new net floor area, accommodation unifs, or limited service lodge units are created; and 2. The consfruction of EHUs. 12-23-6: METHODS OF MITIGATION: A. For all new construction and demo/rebuild projecis that result in a mitigation requirement of 1.25 empioyees or greater, no less ihan one-half (%) the mitigation of employee housing required by this Chapter shaR be accomplished wiih on-site unifs. 1, Exceptions: At the sole discretion of the applicable governing body, an exception may be granted from this on-sife unit reqairement should the applicable governing body make one of the following findings: 26 Ordinance No. 1, Series of 2008, first reading 7 � v } � a, That implemenfation of fhe on-site unit mitigafion method would be confrary to the intent and purpose of the applicable zone district. b. That implementation of the on-site unit mitigation meihod would be contrary to the goals of the applicable e/ements of the Vail Comprehensive Plan and the Town's development objectives. c. That excepfiona► or extraordinary circumstances or conditions apply to the sife that prevents the implemenfation of the on-site unif mitigafion method. d. That the method of mitigation proposed better achieves the intent and purpose of this Chapfer and general and specific purposes of this Tifle than fhe on-sife mifigation unit mefhod. 2, All vn-site EHUs shal/ be deed restricted as a"Type IV-CL" (type four, commercial linkage mitigation) or "Type Vll-CL" (type seven, commercial linkage mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. 3. At the so/e discretion of the applicable governing body, an applicant may provide on-site dormitory style units. 4. An applicant may provide a payment of fees-in-Iieu for any fractional remainder of the requirement generated under this Chapter totaling /ess than 1.25 employees. 5. Any remaining portion of the mifigation requirement not provided with on-site units may be piovided in accordance with Section 12-23-66 below. ,� B. For all development projects excepf those mitigated by Section 92-23-6A above, the mitigation of employee housing required by this Chapfer shall be accomplished through one, or any combination, of the methods furfher described in this secfion. Unless otherwise regulated by this Title, fhe choice of inethod(s) used to mitigate the emp/oyee housing requirements of this Chapter shall be at the so/e discretion of the developer. 1. On-site units. a. � ' � . All on-sife EHUs shall be deed restricted as a"Type 1V-CL" (type four, commercial Iinkage mitigation) or "Type VII-CL" (fype seven, 27 Ordinance No. 1, Series of 2008, first reading / � , . . , commercial linkage mitigation) EHU in accordance with Chapter 12-13, Empioyee Housing, of this Title. b. , , . � � � At ihe so/e discretion of the applicable governing body, an applicant may provide on-site dormitory style units. 2. Conveyance of property on-site. An applicant may convey on-site real property to the Town on which no covenants, restrictions or issues exist that would limif the consfruction of EHUs, at the sole discretion of the Town Council. This method does not mitigate the on- site unit requirements of Section 12-23-6A above. 3. Off-site units. a. The requisite number of EHUs, or a portion thereof, may be provided off-site within the Town, provided that such EHUs are deed restricted in accordance with this Chapter. b. At the sole discrefion of the Planning and Environmental Commission, an applicant may provide off-site dormitory units, unless the application is for a Special Development District, in which case, the Town Council, in its sole discretion, may accept dormitory unifs as a mefhod of mitigation. 4. Paymenf of fees-in-lieu. T"° °1 ^^`^^ "^��^;�; o��^'�^,"r , , . a. The fee-in-lieu for each employee to be housed shall be established annually by resolution of the Town Council, provided thaf, in calculating that fee, the Town Council shall include the nef cosf (total cost less the amount covered by rental or sale income) of real property and all related planning, design, site development, legal, construction and construction management costs of the projecf, in current dollars, which would be incurred by the Town to provide housing for fhe employee to be housed in that year. b. An administrative fee, established by resolution of the Town Council, shal! be added to the amount set forth in paragraph a hereof. c. Fees-in-lieu shall be due and payable prior to fhe issuance of a building permit for the development. 2g Ordinance No. 1, Series of 2008, first reading , � • r d. The Town shall only use monies collected from fees-in-lieu to provide new employee housing. 5. Conveyance of property off-site. The Town Council may, at its sole discretion, accept the conveyance of property off-site in lieu of requiring the provision of EHUs; provided that no covenants, restrictions or issues exisf on such property that would limit fhe construction of EHUs. . . 12-23-7: MITlGATION BANK: A. The Town will provide credif for any EHUs constructed on-sife, constructed off-site, or otherwise acquired in anficipation of future commercial development or redevelopment, provided that those EHUs meet all applicable requirements of this Tifle. However, the construcfion or acquisition of EHUs in anticipation of future development is at the sale risk of the applicant, because the commercial development shall be subject to all regulations perfaining to EHUs which are in effect at the time the application for commercial development review is submifted to the Town, even if fhose regulations change after the EHUs are constructed. 8. It shali be the applicanYs responsibility to provide documentation of any existing EHU credit upon submission of an application for development review. If fhe applicant cannot adequately document such credits, the Town shall nof be obligated to provide such credit. 12-23-8: ADMINISTRATION: A. Each application for development review, except those exempt per Section 12-23-5, shall include an employee housing plan e��ier-�which includes the fo(lowing: • - --- - - - -=a 1. Calculafion Method.� The calculation of employee generation, including credits if applicable, and the mitigation method by which the applicant proposes to meet the requirements of this Chapter, 2. Plans. A dimensioned site plan and architectura! floor plan that demonstrafes compliance with Section 12-23-3, Size and Building Requiremenfs 3. Lot Size. The average lot size of the proposed EHUs and the average lot size of other dwelling units in the commercial development or redevelopmenf, if any; EHUs; 4. Schedules. A timeline for the provision of any off-sife 29 Ordinance No. 1, Series of 2008, first reading ! • 1 � / 5. Off-Site Units. A proposal for the provision of any off-site EHUs shall include a brief statement explaining fhe basis of the proposal; 6. Off-Site Conveyance Request. A request for an off-site conveyance shall include a brief statement explain. ing the basis for the request; 7. Fees-in-lieu. A proposa/ to pay fees-in-lieu shall include a brief statement explaining the basis of the proposal; and 8. Written Narrative. A written narrative explaining how the employee housing plan meets the purposes of this Chapter and complies wifh fhe Town's Comprehensive Plan. �. B. Governing Body: The Administrator shall approve, approve with modifrcations or deny an emp/oyee housing plan involving a tota/ mitigafion requirement of less than 1.25 employees. The Planning and Environmental Commission shall approve, approve with modifications or deny an employee housing plan unless the plan involves a fotal mitigation requirement of less fhan 1.25 employees; the development � is located within a Specia! Development District; or the plan includes a request to convey property., " � , • The Town Council shal! approve, approve with modifcations or deny an employee housing plan for a development /ocafed within a Special Developmenf Disirict or a pfan requesting to convey property. Before qranting approval of an employee housing plan, the applicable governing body shall make findings that the employee housing plan conforms to the general and spec�c purposes of this title, and that the plan is compatible with the applicable elements of fhe Vail Comprehensive Plan and the development objectives of the Town. �- E. !f modifications to a submitted application for development review changes the obligations of the applicant under fhis Chapter, the applicant shall submit a modified employee housing plan. A mod�cation to an employee housing plan shall be reviewed by the body that reviewed the initial employee housing plan, in accordance with the provisions of this Chapfer. € F. An approved employee housing plan shall become part of the approved application for development review for the affected site. G. Requests to amend an approved employee housing plan shal! be reviewed in accordance with the procedures described in this Chapfer. At the discretion of the Administrafor, minor amendments that do not aifer the basic intent or methodology of the plan may be approved, or approved with modificafians, or denied by the Administrator. 30 Ordinance No. 1, Ser�es of 2�08, first reading � � r s � 12-23-9: OCCUPANCY AND DEED RESTRICTIONS: A. No EHU shall be subdivided or divided into any form of fimeshare unit or fracfional fee club unit. 8. EHUs shal! not be leased � for a period less than thirty (30) consecutive days. C. An EHU may be sold or fransferred as a separate unit on fhe site. D. An EHU shall be continuously occupied by an employee � and shall not remain vacanf for a period in excess of three (3) consecufive monfhs unless, despite reasonable and documented efforts to � occupy the EHU, �� efforts are unsuccessful. E. No later than February 1 of each year, fhe owner of an EHU shall submit a sworn affidavit on a form provided by the Town to the Town of Vail Community Development Department containing the following information: 1. Evidence to establish that the EHU has been occupied throughout the year by an employee; 2. The rental rate (unless owner-occupied); 3. The employee's employer, and 4. Evidence to demonstrate fhat at least one #�a� person residing in the EHU is an employee. 12-23-10: TlMING: All EHUs required by ihis Chapter shall be ready for occupancy prior to the issuance of a temporary certificate of occupancy for the affected commercial development or redevelopment. 12-23-11: VARIANCES: Variances from the requirements of this Chapter may be granted pursuant to the procedures and standards set forth in Chapter 17 of this Title. 12-23-12: REVIEW.� q. Purpose. The Town Council intends that the application of this Chapter nof result in an unlawfu! taking of private property without the payment of just compensation, and therefore, the Town Council adopts the review procedures set forth in this Section. 8. Planning and Environmental Commission review. Any applicant for commercia! development who feels that the application of this Chapter would effect an unlawful taking may apply to the Planning and Environmental Commission for an adjustment of the requirements imposed by this Chapter. /f the Pfanning and Envrronmental Commission determines that the application of 31 Ordinance No. 1, Series of 2008, first reading e r � • this Chapter would result in an unlawful taking of privafe property without just compensation, the Planning and Environmental Commission may alter, lessen, or adjust employee housing requirements as applied to the particular project under consideration to ensure that there is no unlawful uncompensaied taking. C. Town Council review. If the Planning and Environmental Commission denies fhe relief sought by an applicant, the applicant may request a hearing before the Town Council. Such hearing shall be a quasi judicial hearing and conducted according to the Town's rules and regulations regarding quasi- judicial hearings. At such hearing, the burden of proof shall be on the applicant to establish that the fulfillmenf of the requirements of this Chapter would effect an unconstitutional taking without just compensation pursuant to applicable law. !f the Town Counci! determines that the application of this Chapter would effect an il/ega! taking without just compensation, the Town Council may alter, /essen, or adjust fhe employee housing requirements as applied to the particular project under consideration to ensure that no illegal uncompensated taking occurs. The decision of the Town Council shall be final, subject only io judicial review. Section 25. Chapter 12-24, Inclusionary Zoning, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold): 12-24-1: PURPOSE AND APPLICABILITY: A. The purpose of this Chapter is fo ensure that new residential developmeni and redevelopment in the Town of Vail provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such residential development and redevelopment. 8. This Chapter shall apply to all new residential development and redevelopment located within the following zone districts, excepf as provided in Section 12-24-5: 1. High Density Multiple Family (HDMF); 2. Public Accommodation (PA); 3. Public Accommodation 2 (PA2); 4. Commercial Core 1 (CC9); 5. Commercial Core 2 (CC2); 6. Commercial Core 3 (CC3); 7. Commercial Service Center (CSC); 8. Arterial Business (RBD); 9. General Use (GU); 10. Heavy Service (HS); 32 Ordinance No. 1, Series of 2008, first reading * � w f 11. Lionshead Mixed Use 9(LMU1); 12. Lionshead Mixed Use 2(LMU2); 13. Ski Base/Recreation (SBR); 14. Ski Base/Recreation 2 (SBR2); 15. Parking District (P); and 16. Special Development (SDD). C. The requirements of this Chapter shall be in addition to all ofher requirements of this Code. p. When any provision of fhis Chapter conflicts with any other provision of this Code, the provision of this Chapter shall control. 12-24-2: EMPLOYEE HOUSING REQUIREMENTS: Every residential development and redevelopment shall be required to mitigate its direct and secondary impacts on the Town by providing employee housing at a mifigation rafe of ten percent (10%) of fhe total new GRFA. For example, for a development proposing 5,500 square feet of new GRFA fhe calcu/ation would be as follows: 5, 500 square feet of new GRFA x 10% mitigation rate = 550 square feet of employee housing to be provided 12-24-3: BUlLDING REQUIREMENTS: A. Table 24-1, Size of Employee Housing Units, establishes the minimum size requirements for EHUs under this Chapter. All EHUs shaN meet or exceed the minimum size requirements_ TABLE 24-1 SIZE OF EMPLOYEE HOUSlNG UNITS Type of Unit Minimum Size (GRFA) Dormitory 250 Studio 438 One-Bedroom 613 Two-Bedroom 788 33 Ordinance No. 1, Series of 2008, first reading B. bathroom. C , � � , Three or More -Bedroom 1,225 Every EHU shall contain a kitchen facility or kitchenette and a All trash facilities shal! be enclosed. D. Parking shal/ be provided in accordance with Chapfer 10 of this Tifle. 1. Exception for on-site EHUs: At the discretion of the governing body, variations to the parking standards outlined in Chapter 10 of this Title may be approved during the review of an employee housing plan subject to a parking management plan. The parking management plan may be approved by the governing 6ody and may provide for a reduction in the parking requiiements for on-site units based on a demonstrated need for fewer parking spaces than Chapter 10 of this Title would require. For example, a demonsfrafed need for a reducfion in the required parking could include: a. Proximify or availability of alternative modes of transporfation including, but not limifed to, public transit or shutt►e services. b. A limitation placed in the deed resfricfions limiting the number of cars for each unit. c. A demonsfrated permaneni progFam including, buf not limited to, rideshare programs, car-share programs, shuttle service, or staggered work shifts. E. Each EHU shal! have its own entrance. There shal! be rro interior access from any EHU to any dwelling unif to which it may be attached. . sex��e�: .. � - - 12-24-4: REDEVELOPMENT: Employee housing need only be provided for the increase in fhe GRFA of a redevelopment; provided however, that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced in addition to other requirements of this Chapfer. 34 Ordinance No. 1, Series of 2008, first reading � � J ) 12-24-5: EXEMPTIONS: The following shall be exempt from fhis Chapter.� 1. The remodeling of an existing dwelling unit; 2. The replacement of a demolished residential development, provided the replacement structure does not exceed the total GRFA of tf►e origina! structure; and 3. The consfruction of EHUs. 12-24-6: METHODS OF MITIGATION: A. For a/! new construction and demo/rebuild projects thaf result in a mitigation requirement of 438 sq. ft. or greater, no less than one-half (%) fhe mitigation of emplayee housing required by this Chapter shall be accomplished wifh on-sife units. 1, Exceptions: At the so/e discretion of the applicable governing body, an exception may be granted from this on-site unit requiremenf should the applicable governing body make one of the following findings: a. That implementation of the on-sife unit mifigation method would be contrary to fhe intent and purpose of the applicable zone district. b, That implementafion of fhe on-site unit mitigation method wou/d be confrary to the goa/s of the applicable elements of the Vail Comprehensive Plan and the Town's development objectives. c. Thai exceptional or extraordinary circumstances or conditions apply to the site that prevenis the implementation of the on-site unit mitigation method. d. Thai the method of mitigation proposed better achieves the intent and purpose of this Chapter and genera! and specifrc purposes of this Title than the on-site mitigation unit method. 2. AII on-site EHUs shall be deed restricfed as a"Type IV-IZ" (type four, inclusionary zoning mitigation) or "Type Vll-IZ" (type seven, inclusionary zoning mifigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Tit1e. 3. At the so/e discretion of the applicable governing body, an applicant may provide on-site dormitory style unifs. 35 Ordinance No. 1, Series of 20D8, first reading ( ♦ � � 4. An applicant may provide a payment of fees-in-lieu for any fractional remainder of the requirement generated under this Chapter totaling less than 438 sq, ft, of EHU floor area. 5. Any remaining porfion of the mitigation requirement not provided with on-site units may be provided in accordance with Section 12-24-6B below. �4 B. For all development projects except those miiigated by Section 12-246A above, fhe mitigation of employee housing required by this Chapter shall be accomplished through one, or any combination, of the methods further described in this secfion. Unless otherwise regulated by this Title, the choice of inethod(s) used to mitiqate the employee housing requirements of this Chapter shall be at the sole discretion of the developer. On-site units. On-site units. a. , � , . All on-sife EHUs shall 6e deed restricted as a"Type IV-IZ" (type four, inclusionary zoning mitigation) or "Type Vll-IZ" (type seven, inclusionary zoning mitigatian) EHU in accordance with Chapter 12-13, Employee Housing, of this Ti#le. b. m t#e s��e—Qiss�et��r e�-t#e�--��a� �^ � , � . � � At the so/e discretion of the applicable governinq body, an applicant may provide on-sife dormitory style units. 2. Conveyance of property on-site. An applicant may convey on-site real property to the Town of Vail on which no covenants, restrictions or issues exist that would limif the construction of EHUs, at the so/e discretion of the Town Council. This method does not mitigate the on-site unit requirements of Section 12-246A above. 3. Off-site units. a. The requisite number of EHUs, or a portion thereof, may be provided off-sife within the Town, provided that such EHUs are deed restricted in accordance with this Chapter. b. At the so/e discretion of the Planning and Environmental Commission, an applicant may provide off-sife dormitory units, unless the application is for a Special Development District, in which case, the Town 36 Ordinance No. 1, Series of 2008, first reading • c �/ i Y Council, in its sole discretion, may accept dormitory units as a method of mitigation. 4. Payment of fees-in-lieu. a. The fee-in-lieu for each square foot shall be established annually by resolution of the Town Council, provided that in calculafing that fee, the Town Council shall include the net cost (total cost less the amount covered by renta! or sale income) of real property and a11 related planning, design, site development, /egal, consfruction and construction management costs of the project, in current dollars, which would be incurred by the Town to provide the square feet in that year. b. An administrafive fee, established by resolution of fhe Town Council, shall be added to the amount set forth in paragraph a hereof. c. Fees-in-lieu shall be due and payable prior to the issuance of a building permit for the development. d. The Town shall only use monies collected from fhe fees-in- lieu to provide new employee housing. 5. Conveyance of property off-site. The Town Council may, at its sole discretion, accept a conveyance of real property off-site in lieu of requiring construction of EHUs, provided that no covenants, restrictions or issues exist on the property fhat would limit the consfruction of EHUs. 12-24-7 MITlGATION BANIC A. The Town will provide credit for any EHUs constructed on-site, constructed otf-site, or otherwise acquired in anticipation of future residential development or redevelopment, provided that fhose EHUs meet a!1 applicable requirements of this Ghapter. However, the construction or acquisition of EHUs in anficipation of future development rs at the risk of the applicant, because the residentia! developmenf shall be subject to al! regulations pertaining to EHUs which are in effect at the time the application for development review is submitted to the Town, even if those regulations change after the EHUs are construcfed. B. It shal! be the applicant's responsibility to provide documentation of any exisfing EHU credits upon submission of an application for development review. If the applicant cannof adequately document such credits, the Town shall not be obligated to provide such credits. 12-24-8: ADMINISTRATION: A. Each application for developrrient per Section 12-245, shall include an employee a��,�„�,^�n which includes the following: 37 review, excepf those exempt housing plan Ordinance No. 1, Series of 2008, first reading tj • t r � � - � _ '=a 1. Calculation Method. The calculation of the inclusionary zoning requirement, including credits if applicable, and the mitigation method by whicfr the applicanf proposes to meet the requirements of fhis Chapter, 2. Pians. that demonstrates Requirements; A dimensioned site plan and archifectural floor plan compliance with Section 12-24-3, Building 3. Lot Size. The average lot size of the proposed EHUs and the average lot size of other dwelling uniis in the commercia/ development or redevelopment, if any; 4. Schedu/es. A timeline for the provision of any off-site EHUs; 5. Off-Site Units. A proposal for fhe provision of any off-site EHUs shal! include a brief statement explaining the basis of the proposal; 6. Off-Site Conveyance Request. A request for an off-site conveyance shal! include a brief sfatement explaining the basis for fhe request; and 7. Fees-in-lieu. A proposa! to pay fees-in-lieu shal! include a brief statement explaining the basis of the proposal. 8. Written Narrafive. A written narrative explaining how the employee housing plan meets the purposes of this Chapter and complies with the Town's Comprehensive Plan. �. B. Governing Body: The Administrator shall approve, approve with modifications or deny an employee housing plan involving a tofa/ mitigafion requirement of less than 438 square feet of EHU floor area. The Planning and Environmental Commission shall approve, approve with modifications, or deny an employee housing plan unless the plan involves /ess than 438 square feet of EHU floor area; the development � is located within a Special Development District; or the plan includes. a request to convey property, > > The Town Council shall approve, approve with modifications or deny an employee housing plan for a developmenf located within a Special Development District or a plan requestir�g to convey property. Before granting approval of an employee housing plan, the applicable governing body shall make findings that the employee housing 38 Ordinance No. 1, Series of 2008, first reading 1, � M � plan conforms fo fhe general and specific purposes of tf�is title, and fhat the plan is compatib►e with the applicable elements of fhe Vail Comprehensive P/an and the development objectives of fhe Town. � C. !f modificafions to a submitted applicafion for development review changes the obligations of the applicant under this Chapter, the applicant shall submit a modified employee housing plan. A modification to an employee housing plan shall be reviewed by fhe body that reviewed the initial employee housing plan, in accordance with the provisions of this Chapter. � D. An approved Employee Housing Plan shall become part of the approved applicafion for development review for the affected site. E. Requests to amend an approved employee housing plan shall be reviewed in accordance with fhe procedures described in this Chapter. Af the discrefion of the Administrator, minor amendmenfs thaf do not alter the basic intent or methodology of the plan may be approved, or approved wifh modifrcations, or denied by the Administrator. 12-24-9: OCCUPANCYAND DEED RESTRICTIONS: A. No EHU shall be subdivided or divided into any form of timeshare unit or fractional fee club unit. 8. EHUs shal! not be leased for a period less than thirty (30) consecutive days. C. An EHU may be sold or transferred as a separate unit on the site. D. An EHU shall be continuously occupied by an employee �ed and shall not remain vacant for a period in excess of three (3) consecutive months unless, despite reasonable and documented efforts to � occupy the EHU, fe�l efforts are unsuccessful. E. No Iater than February 1 of each year, the owner of each EHU shall submit a sworn affidavit on a form provided by the Town with the following information: 1. Evidence to establish that the EHU has been rented or owner occupied throughout the year, 2. The rental rate (unless owner-occupied); 3. The employee's employer, and 4. Evidence fo demonstrate that at least one �� person residing in the EHU is an employee at a business focated in Eagle County. • 39 Ordinance No. 1, Series of 2008, first reading � F ~ ' �' 12-24-90: TIM/NG: All EHUs required by this Chapter shalF be ready for occupancy prior to the issuance of a temporary certificate of occupancy for the affected residential development. 12-2411: VARIANCES: Variances from the requirements of this Chapfer may be granted pursuant to the procedures and standards set forth in Chapter 17 of this Title. 12-24-12: REVIEW.� A. Purpose. The Town Council intends thaf the application of this Chapter not resulf in an unlawful taking of private property withouf fhe payment of just compensation, and therefore, the Town Council adopts fhe review procedures set forth in this Section. B. Planning and Environmental Commission review. Any applicant for residential development who feels that the application of this Chapter wou/d effect an unlawful taking may apply to the Planning and Environmenfal Commission for an adjustment of the requirements imposed by this Chapfer. If the Planning and Environmental Commission determines that fhe application of this Chapter would result in an unlawful faking of private property without just compensation, the Planning and Environmental Commission may alter, lessen, or adjusf employee housing requirements as applied to the particular project under consideration to ensure that there is no unlawful uncompensated taking. C. . Town Council review. If fhe Planning and Environmental Commission denies the relief sought by an applicant, the applicant may request a hearing before the Town Council. Such hearing shall be a quasi judicial hearing and conducted according to the Town's rules and regulations regarding quasi- judicial hearings. At such hearing, the burden of proof shall be on the applicant to establish that the fulfillment of the requirements of this Chapter would effect an unconstitut�onal taking without jusf compensation pursuant to applicable law. !f the Town Council determines that fhe application of fhis Chapter would effecf an illegal taking without just compensation, the Town Council may alter, lessen, or adjust the employee housing requiremenfs as applied to the particular project under consideration to ensure that no illegal uncompensated taking occurs. The decision of the Town Council shail be final, subject only to judicial review. Section 26. If 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 27. 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. 40 Ordinance No. 1, Series of 2008, first reading �y �. -+r . !� Section 28. 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 hereaf, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provisior� hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 29. 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 1st day of April, 2008 and a public hearing for second reading of this Ordinance set for the 15th day of April, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk 41 Ordinance No. 1, Series of 2008, first reading TO: FROM: DATE: Vafl Town Council Attachment: B MEMORANDUM 1 Planning and Environmental Commission Community Development Department March 10, 2008 SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7; Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters 12-23, Commercial Linkage and 12- 24, Inclusionary �Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting fo�th details in regard thereto. (PEC070075) Applicant: Planner SUMMARY Town of Vail, represente.d by Nina Timm, Housing Coordinator Bill Gibson The Applicant, Town of Vail, is requesting a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters 12-13, Employee Housing, 12- 23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, t� establish standards and criteria related to mitigating employee housing requirements. In addition to amendments to the Chapters listed above there will be amendments to all the established zone districts which contain employee housing units as a permitted or conditional use. The Applicant has submitted the application in response to a request from the Planning and Environmental Commission to clarify certain portions of the adopted regulations. Staff is recommending that the Planning and Environmental Commission forwards a recommendation of approva{ of the proposed amendments to Chapters 12-13, Employee Housing, 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, based upon the crit�ria found in Section VI of this memorandum. II. DESCRIPTION OF REQUEST The Applicant, Town of Vail, is requesting a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters 12-13, Employee Housing, 12- 23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, tb establish standards and criteria related to mitigating employee housing requirements. In add'ition to amendments to the Chapters listed above there will be amendments to Articles 12-6A, Hillside Residential District; 12-6B, Single- Family Residential District; 12-6C, Two-famify Residential District; 12-6D, Two- Family Primary/Secondary Residential District; 12-6E, Residential Cluster District; 12-6F, Low Density Multiple-Fami{y District; 12-6G, Medium Density Multiple-Family District; 12-6H, High Density Multiple-Family District; 12-6{, Y�- ^t '� . �. DEVELOPMENT, LLC April 14, 2008 Town of Vail 75 South Frontage Road Vail, CO 81657 RE: Ordinance No. 1, Series 2008 Dear Mayor and Town Council, Triumph Development takes a real interest in the employee housing regulations adopted by the Town of Vail and we appreciate the opportunity to comment in a proactive manner. We believe the inclusion of the development community in the formation of housing policy is essential to create a practical platform to begin tackling the obvious affordable housing issues faced by our community. We have carefully reviewed the recommendations of town staff, the Vail Local Housing Authority and the Planning and Environmental Commission regarding the prioritization of employee housing mitigation methods. We believe that staff's proposal to provide 50% of a project's required EHUs onsite is a reasonable request of developments in the high-density multifamily, commercial, and mu�ed-use zones. Even more, this proposal creates a clear understanding of the community's expectations, allows developers to integrate these onsite units into projects at their iirst conceptual analysis, and places each development proposal on an equal playing field. In addition, we agree that the inclusion of on-site housing will contribute to the sense of community in all neighborhoods within the town. Thank you for the opportunity to provide our thoughts and support to this discussion. Best Regards, Steve Virostek Principal 8120 Woodmont Avenue • Suite 800 • Bethesda, Maryland 20814 • Tei: 301.657.1112 • Fax: 301.657.5948 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: March 18, 2008 SUBJECT: A work session to discuss proposed amendments to Chapters 12-13, Employee Housing, 12-23, Commercial Linkage, and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Nina Timm, Housing Coordinator Planner: Bill Gibson I. DESCRIPTION OF THE REQUEST A work session to discuss proposed amendments to Chapters 12-13, Employee Housing, 12-23, Commercial Linkage, and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. II. BACKGROUND On March 10, 2008, the Planning and Environmental Commission voted 4-3-0 (Gunion, Proper, and Viele opposed) to forward a recommendation of approval, with modifications, for text amendments to the Commercial Linkage and Inclusionary Zoning employee housing mitigation requirements. The Planning and Environmental Commission recommended approval of the proposed text amendments with the following modifications: • Delete any "weighting" of the five available mitigation methods. • Except when on-site units are required, clarify that developers shall have the discretion to select the mitigation method, or methods, that are most advantageous to their circumstances when presenting an Employee Housing Plan to the Town for review. Numerous clarifications and "clean-ups" to the Commercial Linkage, Inclusionary Zoning, and several other related regulations have also been incorporated into the proposed text amendments. These clarification and "clean-ups" do not create any substantive policy changes. Please refer to Section III of the Community Development memorandum to the Planning and Environmental Commission, dated March 10, 2008, for additional background information. (Vail Town Council Attachment: D) 1 III. STAFF RECOMMENDATION Schedule a public hearing for the first reading of Ordinance No. 1, Series of 2008, on April 1, 2008. IV. ATTACHMENTS Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Ordinance No. 1, Series of 2008 March 7, 2008, letter from Vail Valley Medical Center March 10, 2008, letter from Mauriello Planning Group to the Planning and Environmental Commission March 10, 2008, Staff memorandum to the Planning and Environmental Commission Draft Meeting Minutes for the March 10, 2008, Planning and Enyironmental Commission (excerpt) 2 � Vail Town Council Attachment: A ORDINANCE NO. 1 SERIES 2008 AN ORDINANCE AMENDING SECTION 12-2-2, DEFINITIONS OF WORDS AND TERMS; ARTICLES 12-6A, HILLSIDE RESIDENTIAL DISTRICT; 12-6B, SINGLE-FAMILY RESIDENTIAL DISTRICT; 12-6C, TWO-FAMILY RESIDENTIAL DISTRICT; 12-6D, TWO-FAMILY PRIMARYISECONDARY RESIDENTIAL DISTRICT; 12-6E, RESIDENTIAL CLUSTER DISTRICT; 12-6F, LOW DENSITY MULTIPLE-FAMILY DISTRICT; 12-6G, MEDIUM DENSITY MULTIPLE-FAMILY DISTRICT; 12-6H, HIGH DENSITY MULTIPLE-FAMILY DISTRICT; 12-61, HOUSING DISTRICT; 12-7A, PUBLIC ACCOMMODATION DISTRICT; 12-7B, COMMERCIAL CORE 1 DISTRICT; 12-7C, COMMERCIAL CORE 2 DISTRICT; 12-7D, COMMERCIAL CORE 3 DISTRICT; 12-7E, COMMERCIAL SERVICE CENTER; 12-7F, ARTERIAL BUSINESS DISTRICT; 12-7H, LIONSHEAD MIXED USE 1 DISTRICT; LIONSHEAD MIXED USE 2 DISTRICT; 12-7J, PUBLIC ACCOMMODATION 2 DISTRICT; 12-8A, AGRICULTURAL AND OPEN SPACE DISTRICT; 12-8D, SKI BASE/RECREATION DISTRICT; 12-8E, SKI BASE/RECREATION 2 DISTRICT; 12-9B, PARKING DISTRICT; 12-9C, GENERAL USE;, CHAPTER 12-13, EMPLOYEE HOUSING, CHAPTER 12-23, COMMERCIAL LINKAGE, AND CHAPTER 12-24, INCLUSIONARY ZONING, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on March 10, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval for the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines the provisions of Chapter 12-23, Commercial Linkage and Chapter 12-24, Inclusionary Zoning, Vail Town Code, must be amended to clarify the basis on which Employee Housing Plans shall be reviewed; and, 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 is compatible with the development objectives of the Town, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated March 10, 2008, and the evidence and testimony presented; and, 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 March 10, 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 harmonious development of the Town in a manner that conserves and enhances its natural Ordinance No. 1, Series of 2008, first reading �. environment and its established character as a resort and residential community of the highest quality, based upon Section VI of the Staff memorandum dated March 10, 2008, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated March 10, 2008, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 12-2, Definitions, of the Vail Town Code is hereby amended as follows (text to be deleted is in st-�Ic��#�e�i, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-2-2: Definitions of Words and Terms FLOOR AREA, NET : The total floor area within the enclosing walls of a struciure not including the following: A. Areas specifically designed and used for mechanical equipment to operate the building. B. Stairways. C. Elevators. D. Common hallways. E. Common lobbies. F. Common restrooms. G. Areas designed and used for parking. H. Areas designed and used as storage which do not have direci access to an individual office or retail store, not to exceed five percent (5%) of the tota! proposed net floor area for office and not to exceed eight percent (8%) of the total proposed net tloor area for retail. "Common areas" are spaces for which all tenants in the building contribute toward the upkeep and maintenance thereof and are not used for employee working areas. Section 2. Article 12-6A, Hillside Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6A-2: PERMI TTED USES: The following uses shall be permitted in the HR district: Single-family residential dwellings. 2 Ordinance No. 1, Series of 2008, first reading T„�� m��„�� h��?;;y ;,.�n� Employee Housing Units, as furtherregulated by chapter 13 of this title. , , - Section 3. Article 12-6B, Single Family Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-68-2: PERMITTED USES: The following uses shall be permitted in the SFR district_ Single-family residential dwellings. T",� �m^'^��°° f;�;,.��%�.'� -�^%f Employee Housing Units, as furtherregulated by � �.. .� chapter 13 of this title. � � Section 4. Article 12-6C, Two-Family Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6C-2: PERMITTED USES: The following uses shall be permitted in the R district: Single-family residential dwellings. Two-family residential dwellings. T�� omnlnvc�o hn��oiniv ,�.,�f„ Employee Housing Units, as furtherregulated by chapter 13 of this title. � � , � Section 5. Article 12-6D, Two-Family Primary/Secondary Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in cfriLofhr�i�nh text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6D-2: PERMITTED USES: The following uses shall be permitted: Single-family residential dwellings. Two-family residential dwellings. -�-� �m��„�� ti^�.c;^^ ,.^;+� Employee Housing Units, as further regulated by chapter 13 of fhis title. , - , � Section 6. Article 12-6E, Residential Cluster District, of the Vail Town Code is hereby amended as follows (text to be deleted is in cfriLol'hr�i �rli text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6E-2: PERMITTED USES: The fo!lowing uses shall be permitted in the RC district: Multiple-family residential dwellings, including aftached or row dwellings and condominium dwellings with no more than four (4) units in any new building. Ordinance No. 1, Series of 2008, first reading Single-family residential dwellings. Two-family residential dwellings. �2-E� Employee Housing Units, as further regulated by chapter 13 of this title. 12-6E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the RC district, subject to issuance of a conditional use permif in accordance with the provisions of chapter 16 of fhis title: Bed and breakfasts as further regulated by section 12-�4-18 of this trtle. Business offices, as further regulated by subsection 12-16-7A13 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-92 of this title. Private c/ubs. Professional otfice, as further regulated by subsection 12-16-7A13 of this title. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. T�ina III �mnln�ioa hnr�oini-r ��nifc /C4-!I ll �o nrniiiiJni-I in nhonfor 44 nf fhic fifl-- -ry�j.�c�-rrr � ...�.........y ...,..... ��. ...,� ...... r.,..,..._.,�... ... _..�r__�. . _ _. _..._ _._. Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 7. Article 12-6F, Low Density Multiple-Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 9 2-6F-2: PERMI TTED USES: The following uses shall be permitted in the LDMF district: Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. -��pe--�1� Employee Housing Units, as further regulated by chapter 13 of fhis tifle. 12-6F-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance wifh the provisions of chapter 16 of this title: • Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski Iifts and tows. Ordinance No. 1, Series of 2008, first reading Empl yee Housing Units, as further regulated by Chapter 13 of this Title. Section 8. Article 12-6G, Medium Density Multiple-Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in ��"r^„��, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6G-2: PERMITTED USES: The following uses shall be permitted in the LDMF district: Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. -r,,.,� �� o.,-,.,�,,,,o� hnN�o:n� Y,.,�� Employee Housing Units, as further regulated by chapter 13 of this title. 12-6G-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this fitle: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Employee Housing Unifs, as further regu�ated by Chapter 13 of this Title. Section 9. Article 12-6H, High Density Multiple-Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in �'friLofhr��irFi text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6H-2: PERMITTED USES: The following uses shall be permitted in the HDMF district: Lodges, including accessory eating, drinking, recreational or retail establishments, located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area (GRFA) of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. � emnln�ioo hn� �c�intY ,,..1+� Employee Housing Units, as further regulated by chapter 93 of this fitle. 92-6H-3: CONDITIONAL USES: Ordinance No. 1, Series of 2008, first reading The following conditiona! uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulafed by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs and civic, cultural and fraternal organizations. Privafe parking structures. Private unstructured parking. Public and private schoo/s. Public buildings, grounds and facilities. Public park and recreation facilifies. Public parking structures. Public fransportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Timeshare units. Employee Housing Units, as further regulated by Chapter 13 of fhis Title. Section 10. Article 12-61, Housing District, of the Vail Town Code is hereby amended as follows (text to be deleted is in cfriLofhrn��rh text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-61-2: PERMI TTED USES: The following uses shall be permitted in the H district: Bicycle and pedestrian paths. Employee Housing Units, as further regulated by Chapter 13 of this Title. Passive outdoor recreation a�eas, and open space. 12-61-3: CONDITIONAL USES: The following conditional uses shall be permitted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit: Banks and financial institutions. Business offices and professional offices as further regulated by section 12-16-7 of this title. Child daycare facilities. Eating and drinking establishments. Funiculars and other similar conveyances. Ordinance No. 1, Series of 2008, first reading Health clubs. Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission; A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and 8. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percenf (30%) of the total GRFA constructed on the property, and C. Dwelling units are only created in conjunction with employee housrng, and D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools. Public buildings, grounds and facilities. Public parks and recreationai facilities. Public utilities installations including transmission lines and appurfenant equipment. T"� " Employee Housing Units, as further regulated by chapter 13 of this title. Section 11. Article 12-7A, Public Accommodation District, of the Vail Town Code is hereby amended as follows (text to be deleted is in °}r� �°� n�Bv�h� text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7A-2: PERMITTED USES: The following uses shall be permitted in the PA district: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. � Employee Housing Units, as further regulated by chapter 13 of this title. 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Fractional fee club units as further regulated by subsection 12-16-7A8 of this title. Healthcare facilities. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the total gross residenfial floor area of the main structure or structures on the site. Major arcades. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Professional and business offices. Ordinance No. 1, Series of 2008, first reading Public and private schools. Public buildings, grounds and facilities. Public parking structures. Public parks and recreational facilities. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Theaters and convention facilities. -►-"-r "� . Employee Housing Units, as further regulated by Chapter 13 of this Tifle. Section 12. Article 12-7B, Commercial Core 1 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in ciriLoihr��iivh text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-78-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: 8. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: 8. T"-,� employee housing units, as further regulated by chapter 13 of this title. 12-78-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B.Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: 4�� omnln�ioo h��ciniv ,,.,;+� Employee Housing Units, as further regulated by chapter 13 of this title_ 12-78-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR: A.Permitted Uses; Exception: The following uses shall be permitted on the second floor above grade within a structure; provided, however, that a conditional use permit will be required in accordance with chapter 16 of this title for any use which eliminates any existing dweUing or accommodation unit or any portion thereof.� g. ��amnln�ioo hn��cinrr ,,.,;f� Employee Housing Units, as furfherregulated by chapter 13 of this title. 8. Conditional Uses: The following uses shall be permitted on second floors above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Dog kennels. Electronics sa/es and repair shops. Household appliance stores. Liquor stores. Luggage stores. Meeting rooms. Outdoor patios. Ordinance No. 1, Series of 2008, first reading Theaters. ��in�lll _ mnlnvc�o hnirciniv r�nifo /�LJI Il �o nrn�iirlorl in nhonfor 4? nf fhio fifl`. �r._ ... � ........,. .y ....... ��. ..,� ... r......,...� ... ... .......r...�. . _ .,. ....., _._. Emp/oyee Housing Units, as further regulated by Chapter 13 of this Title. 12-78-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR: A. Permitted Uses: The following uses shall be permitted on any floor above the second floor above grade: Lodges. Multiple-family residential dwellings. �}�pe-�U � Employee Housing Units, as further regulated by chapter 13 of this title. 8. Conditional Uses: The following uses shall be permitted on any floor above the second floor above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title. Any permitted or conditional use which eliminates any existing dwelling or accommodation unit, or any portion thereof, shall require a conditional use permit. Such uses may include: 8. T��no l/l �mnln�i�ci hn�ioin� �miio /CI-11 /1 �o nrn�iirlarl in nhonfar '�Q nf f/iic �if��' �p�—�Tr ., ....�.,..,y ....., i�.. ..,� .. r,........... ... ...._.r,.�. ... ... ..,... .... Employee Housing Units, as further regulated by Chapter 13 of fhis Title. Section 13. Article 12-7D, Commercial Core 3 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in °friL�fhr�rr�h text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7D-1: PERMI TTED USES: The following uses shall be permitted in the commercial core 3 district: Banks and financia! institutions. Eating and drinking establishments, including the following: Cocktail lounges and bars. Coffee shops. Fountain and sandwich shops. Restaurants. Health clubs. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Shoe repair. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Auto parts stores. Bakeries and confectioneries, preparation of products for sale on the premises. Ordinance No. 1, 5eries of 2008, first reading Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sa/es and repair shops. Florists. Food stores. Furniture stores. Gift shops. Hardware stores. Health food stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Music and record stores. Newsstands and tobacco stores. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. ..%,(no II/ omnln�ic�ci h�ncinry ,..,;f� Employee Housing Unifs, as further regulated by . ) �.... . . chapter 13 of this title. Additional offices, business, or services determined to be similar to permitted uses in accordance with the provisions of this section. 12-7D-2: CONDI TIONAL USES: The following conditional uses shall be permitted in the commercial core 3 district, subject to issuance of a conditional use permit in accord with the provisions of chapter 16 of this title: Any use permitted by section 12-7D-1 of this article which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. Brew pubs. Child daycare center. Commercial laundry and cleaning services, bulk plant. Commercial storage. Dog kennels. Drive-up facilities. Major arcades. 10 Ordinance No. 1, Series of 2008, first reading Massage parlors. Outside car wash. Pet shops. Public, buildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Radio and television signal relay transmission facilities. Theaters, meeting rooms, and convention facilities. Transportation businesses. T�mn lll omnl��ic�o hnrroinr ��nifo /�I-ll Il nc nrnvii-lc�r! in nhontor 4Q nffhir� i'iF� .., .....�.,...)...... ......,.......� ...,..... ��, .....� ....... r...,..�__ ... _..�r'-' - - -- °'-- ------ Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 14. Article 12-7E, Commercial Service Center District, of the Vail Town Code is hereby amended as follows (text to be deleted is in �il��et�gl�, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7E-3: PERMI TTED USES: The following uses shall be permitted in the CSC district: Banks and financial institutions. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply sfores and galleries. Bakeries and confectioneries, including preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sa/es and repair shops. Florists. 11 Ordinance No. 1, Series of 2008, first reading Food stores. Furniture stores. Gift shops. Hardware stores. , Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. �uggage stores. Music and record stores. Newsstands and tobacco stores. Pet shops. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Additional otfices, businesses, or services determined to be similar to permitted uses in accordance with the provisions of section 12-7E-2 of this article. Employee housing units as further regulafed in Chapter 13 of this Tifle. 12-7E-4: CONDI TIONAL USES: The following conditional uses shall be permitted in the CSC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7E-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-1 S of this title. Bowling alley. Brew pubs. Child daycare centers. Commercial laundry and cleaning services. Dog kennels. Major arcades. Multiple-family residential dwellings and lodges. Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this article. Private clubs. Privafe parking structures. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. 12 Ordinance No. 1, Series of 2008, first reading Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 15. Article 12-7F, Arterial Business District, of the Vail Town Code is hereby amended as follows (text to be deleted is in cfriLnfhrn��nh text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7F-3: PERMITTED U�ES: The following uses shall be permitted in the arterial business district: Eating and drinking establishments, as follows, are permiited on the first (street) level: Cocktail lounges and bars. Coffee shops, fountarns, sandwich shops and restaurant. Personal services and repair shops, as follows, are deemed to be generally accessory and/or supportive of office uses and shall be permitted on the first (street) levef: Beauty and barber shops. Shoe repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices and studios. Radio and television broadcasting studios. Retail stores and establishments, as follows, are deemed to be generally accessory and/or supportive of office uses and are therefore permitted so long as they do not exceed eight thousand (8, 000) square feet in floor area for each such business use and so long as they are located on the first (street) level: Art supply stores. Bookstores. Drugstores. Florists. Newsstands. Stationery stores. Tobacco stores. Additional offices, businesses or services determined to be similar to permitted uses in accordance with the provisions of section 12-7F-1 of this article. Employee Housing Units, as further regulated by Chapfer 13 of this Title. 12-7F-4: CONDITIONAL USES: A. Enumerated: The following conditional uses shall be permitfed in the arterial business district, subject to fhe issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7F-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further provided by section 12-14-18 of this title. Brew pubs. Child daycare centers. Microbreweries. Private unstructured parking. Public buildings, grounds and facilifies. 13 Ordinance No. 1, Series of 2008, first reading Public park and recreation facilities. Public utility and public services uses, including screened outside storage. Service yards. Transportation businesses. T�inc� ilI mm�l�voo hn��oinn ��nii /�(-// �� no nrnviiJ�iJ in nh�+nfar'1Q nffhin fifl Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 16. Article 12-7H, Lionshead Mixed Use 1 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in cfriLofhrn��rrh text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7H-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: 8. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial ski storage. Eating and drinking establishments. Persona! services and repair shops. Professiona! offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier tickefing, ski school and skier services. Travel and ticket agencies. -r"� o.,,,,►,,,,o„ hn��oiniv ,,,,:+� Employee Housing Units, as furtherregulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: 8. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Recreation facilifies. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. �1� °^�^►^"°° �^.,°;^^ „^;�° Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7H-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A.Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Accommodation units. 14 Ordinance No. 1, Series of 2008, first reading Attached accommodation units. Lodges. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and vf fh'�--nrr�--�ii��. T"�-►� " Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permrtted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Section 17. Article 12-71, Lionshead Mixed Use 2 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in cfriLofhrni�rh text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-71-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: B.Permitted Uses: The following uses shall be permitted in basement orgarden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. . Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. T�ino /I/ omnln�ion h��oinn -�n.+� Employee Housing Uniis, as furtherregulated by T��r� chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-71-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: 8. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. �pp� omnlnvon hni�oin`r ,�.,,f„ Employee Housing Units, as furtherregulated by . �r.� . _ chapter 13 of this title. Additional uses determined to be similar fo permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 15 Ordinance No. 1, Series of 2008, first reading 12-71-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A. Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Lodges and accommodation unifs. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and �mn/�von Finiioinn �mifo /fvno 11! /CLJI 1) oo nr��iirlor! in nh�,nfor 'I? �f fhi� �I� ' Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Section 18. Article 12-8A, Agriculture and Open Space District, of the Vail Town Code is hereby amended as follows (text fo be deleted is in �'friL�fhrni�r+Fi text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-8A-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use within public parks, recreation areas, and open spaces which involves assembly of more than two hundred (200) persons together in one building or group of buildings, or in one recreation area or other public recreafiona/ facility. Cemeteries. Low power subscription radio facilities. Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges. Public and private schoo/s. Religious institutions. Semipublic and institutional uses, such as convents and religious retreats. Ski lifts and tows. Employee Housing Unifs, as further regulafed by Chapter 13 of this Tifle. Section 19. Article 12-8D, Ski Base Recreation District, of the Vail Town Code is hereby amended as follows (text to be deleted is in �'friLofhrn��nh text that is to be added is bold. Sections of text that are not amended have been omitted.) 92-8D-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreafion district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Addition or expansion of storage buildings for mountain equipment. Additions or expansions of public or private parking structures or spaces. Bed and breakfast as further regulated by section 12-14-18 of this title. Child daycare center. Food and beverage cart vending. Public, private or quasi-public clubs. Recreation room/minor arcade. Redevelopment of public parks, playgrounds. Redevelopment of ski lifts and tows. 16 Ordinance No. 1, Series of 2008, first reading Redevelopment of ski racing facilities. Redevelopment of water storage extraction and treatment facilities. Seasona/ strucfures to accommodate athletic, cultural, or educational activities. Summer outdoor storage for mountain equipment. Summer seasona/ community offices and programs. Employee Housing Units, as further regulated by Chapfer 13 of this Tifle. Section 20. Article 12-8E, Ski Base Recreation 2 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-8E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreation 2 district, subject fo the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Brew pubs. Fractional fee units. Outdoor dining decks and patios. Private and public clubs. Public utility and public service uses. Employee Housing Units, as further regulated by Chapter 13 of this Title. Additional uses determined to be similar to conditional or permitted uses described in this chapter, in accordance with the provisions of section 12-3-4 of this title. Section 21. Article 12-9B, Parking District, of the Vail Town Code is hereby amended as follows (text to be deleted is in cfriLofFir��nh text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-9B-3: CONDITIONAL USES: The following conditional uses shall be permitted subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Major arcades. Parks and recreational facilities. . Private or public off street vehicle parking strucfures. Public uses, private office and commercial uses that are transportation, tourist or town related and that are accessory to a parking struct�re. Temporary construction staging sites. For the purposes of this section, a"temporary construction staging site" shall mean a site on which, for a temporary period of time, construction materials, heavy construction equipment, vehicles and construction trailers may be stored. Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 22. Article 12-9C, General Use District, amended as follows (text to be deleted is in °}riLofhrniiivh Sections of text that are not amended have been omitted.) of the Vail Town Code is hereby . text that is to be added is bold. 17 Ordinance No. 1, Series of 2008, first reading 12-9C-3: CONDITIONAL USES: A.Generally: The following conditional uses shall be permitted in the GU district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Child daycare centers. Equestrian trails. Go/f courses. Healthcare facilities. Helipad for emergency and/or community use. Major arcades. Plant and tree nurseries, and associated structures, excluding the sa/e of trees or other nursery products, grown, produced or made on the premises. Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schoo/s. Public and quasi-public indoor community facilities. Public buildings and grounds. Public parking structure. Public theaters, meeting rooms and convention facilities. Public tourist/guest service related facilities. Public transportation terminals. Public unstructured parking. Public utilities installations including transmission lines and appurtenant equipment. Religious institutions. Seasonal structures or uses to accommodate educational, recreational or cultural activities. Ski lifts, tows and runs. T�inn lll mm�l��ioo hniicinir nnifc /�%/� �� oo nm�iirlc�rl in nii�nior 4? nf fhio fiflc� Employee Housinq Units, as further regulated by Chapfer 13 of this Title. Water and sewage treatment plants. Section 23. 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UUUV� � y � k °- � � j�`�'� y '% a�aia m m�'C7�e�� af6i �'�To a�i y O o o'- '- '- '- ' C a m a•_ �� a� c i.L i � i � Q �i G N�o �C � ai � �� m m�, y a� E E a, d m a� h o� mv� d y.� a� Q� �� Q a y � O� p�� N C J � ��il N m m e�a � G� �i Gli 0�i �� O 3 CV.� � cVi O O O O G�i � ��iJ k 0 v�j cN0 �c a� N!�! aa2�TaQaQUUUUUaO��J�oO�nN �a00 C� ►v e c . o 0 � y �ia 0� � + � -� Q U G « '" 1�'� N � 3 � � m a� � W 0 0 N 0 N N Section 24. Chapter 12-23, Commercial Linkage, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold): 12-23-1: PURPOSE AND APPLICABILITY: A. The purpose of this Chapter is to ensure that new commercia! development and redevelopment in the Town provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such commercial development and redevelopment. B. Except as provided in Section 12-23-5, this Chapter shall apply to all new commercial development and redevelopment located within the following zone districts: 1. High Density Multiple Family (HDMF); 2. Public Accommodation (PA); 3. Public Accommodation 2 (PA2); 4. Commercial Core 1 (CC1); 5. Commercial Core 2 (CC2); 6. Commercial Core 3 (CC3); 7. Commercial Service Center (CSC); 8. Arterial8usiness (ABD); 9. General Use (GU); 10. Heavy Service (HS); 11. Lionshead Mixed Use 1(LMU1); 12. Lionshead Mixed Use 2(LMU2); 13. Ski Base/Recreation (SBR); 14.. Ski Base/Recreation 2 (SBR2); 15. Parking District (P); and 16. Special Development (SDD). C. The requirements of this Chapter shall be in addition to all other requirements of this Code. D. When any provision of this Chapter conf(icts with any other provision of this Code, the provision of this Chapter shall control. 23 Ordinance No. 1, Series of 2008, first reading 92-23-2: EMPLOYEE GENERATION AND MITIGATION RATES: A. The employee generation rates found in Table 23-9, Employee Generation Rates by Type of Commercial Use, shall be applied to each type of use in a commercial development. For any use not listed, the Administrator shall determine the applicable employee generation rate by consulting the Town's current nexus study. TABLE 23-1 EMPLOYEE GEIVERATION RATES BY TYPE OF COMMERCIAL USE Type of Use Employee Generation Rates Retail Store/Personal 2.4 Employees per 1, 000 feet of new Service/Repair Shop net floor area Business Office and Professional 3. 2 Employees per 1, 000 feet of new Office (excluding Rea/ Estate net floor area Office) Accommodation Unit/Limited 0. 7 Employees per net new units Service Lodge Unit Rea/ Estate Office 5.1 Employees per 1, 000 feet of new net floor area Eating and Drinking 6.75 Employees per 1,000 feet of Establishment new net floor area Conference Facility 0. 8 Employees per 1, 000 feet of new net floor area Health Club 0. 96 Employees per 1, 000 feet of new net floor area Spa 2.1 Employees per 1, 000 feet of new net floor area 8. lf an applicant submits competent evidence that the employee generation rates contained in Ta61e 23-1 or the nexus study do not accurately reflect the number of employees generated by the proposed commercial development or redevelopment and the Administrator finds that such evidence warrants a deviation from those employee generation rates, the Administrafor shall allow for such a deviation as the Administrator deems appropriate_ C. Each commercial development or redevelopment shall mifigate its impact on employee housing by providing EHUs for twenty percent (20%) of-the employees generated, pursuant to Table 23-1, or the nexus study, in accordance with the requirements of this Chapter. 24 Ordinance No. 1, Series of 2008, first reading For example, for a development proposrng 2, 500 square feet of new net floor area for an eating and drinking establishment, the equation would be as follows: ((2, 500 square feet = 1, 000 square feet) x(6.75)) = 16. 875 new employees generated 16.875 new employees generated x 20% = 3.375 employees fo be housed 12-23-3: SIZE AND BUILDING REQUIREMENTS: A. Table 23-2, Size of Employee Housing Units, establishes the minimum size of EHUs and the number of emp/oyees that can be housed in each. All EHUs shall meet or exceed the minimum size requrrements. TABLE 23-2 SIZE OF EMPLOYEE HOUSING UNlTS Type of Unit Minimum Size Number of (GRFA) Employees Housed Dormitory 250 1 Studio 438 9. 25 One-Bedroom 613 1, 75 Two-Bedroom 788 2.25 Three or More - 1,225 3.5 Bedroom 8. bathroom. C. D. of this Title. Every EHU shall contain a kitchen facility or kitchenette and a AII trash facilities shall be enclosed. Parking shall be provided in accordance with Chapter 10 1. Exception for on-site units: At the discrefion of fhe governing body, variations to the parking standards ouflined in Chapter 10 of this Title may be approved during the review of an employee housing plan subject fo a parking management plan. The parking management plan may be approved by the governing body and may provide for a reduction in fhe parking requirements for on-site units based on a demonstrated need for fewer parking spaces than Chapter 10 of this Title wou/d require. For example, a demonstrated need for a reduction in the required parking could include: 25 Ordinance No. 1, Series of 2008, first reading a. Proximity or availability of alternative modes of fransportation including, but nof limited to, public transit or shuttle services. b. A limitation placed in the deed restricfions limiting the number of cars for each unit. c. A demonstrated permanent program including, buf not limited to, rideshare programs, car-share programs, shuttle service, or staggered work shifts. E. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit to which it may be attached. _ �rs:r.r.rsrir �_�„o�� r�°�� o;;oo��e-#t��Fed-f�9�-s�t�aF° f� °-�� 12-23-4: REDEVELOPMENT.� Employee housing impacts need only be mitigated for a redevelopment that resu/ts in a greater number of employees generated from an increase in net floor area, or an increase in the number of accommodation units or limited service lodge units in the redevelopment; provided however, that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced in addition to the other requirements of this Chapter. 12-23-5: EXEMPTIONS: The following shall be exempt from this Chapter.• 1. The redevelopment of existing commercial development, if no new net floor area, accommodation units, or limited service lodge units are created,� and 2. The construction of EHUs. 12-23-6: METHODS OF MITlGATION.� A. For al! new consfruction and demo/rebuild projects that result in a mitigation requirement of 1.25 employees or greater, no /ess than one-half (%) the mitigation of employee housing required by this Chapfer shall be accomplished wifh on-site units. 1. Exceptions: At the so/e discretion of the applicable governing body, an exception may be granted from fhis on-site unit requirement should the applicable governing body make one of the following findings: 26 Ordinance No. 1, Series of 2008, first reading a, Thaf implementation of fhe on-site unit mifigation method would be contrary to the inient and purpose of fhe applicable zone districf. b. That implementation of the on-site unit mitigafion method would be contrary to the goals of the applicable elements of the Vail Comprehensive Plan and the Town's development objectives. c. That exceptional or extraordinary circumstances or conditions apply to the site that prevents the implementation of fhe on-site unit mitigation mefhod. d. That the mefhod of mitigation proposed better achieves the intent and purpose of this Chapter and general and specific purposes of fhis Title fhan fhe on-site mitigation unif inethod 2, All on-site EHUs shall be deed restricted as a"Type IV-CL" (type four, commercial linkage mitigation) or "Type Vll-CL" (type seven, commercial Iinkage mitigation) EHU in accordance with Chapter 92-13, Employee Housing, of fhis Tiile. 3. At fhe so/e disEretion of the applicable governing body, an applicant may provide on-site dormifory style units. 4. An applicant may provide a payment of fees-in-lieu for any fracfional remainder of the requirement generated under this Chapfer totaling /ess than 1.25 employees. 5, Any remaining portion of the mitigation requirement not provided wiih on-site units may be provided in accordance with Section 12-23-6B below. � B, For all development projects except those mitigated by Secfion 12-23-6A above, the mitigation of employee housing required by this Chapter shall be accomplished through one, or at the developer's discrefion, any combination, of the following mefhods: On-site units. a. > > � c�a � racirinl'oi'I in nnnrrl nno �eiifh fhic rhonfor All on-site EHUs � shall be deed restricfed as a"Type IV-CL" (fype four, commercial linkage mitigafion) or "Type VII-CL" (type seven, commercial linkage mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. 27 Ordinance No. 1, Series of 2008, first reading /J. r^rtf tYFt� �c ��r��v'rGYY �v�rnf irhr°.�PI ar�ir�g � n Cnvirnmm�nf / i`nmmi��n �+n �nnlinnnf mo�i nr��iirla nn_ciio ��rr[Cfi . .� �., . ..�..�.......... .. ....,.) r... .. . ,.... ... . `...., r i r r � ' At fhe so/e discretion of ihe applicahle governing body, an applicant may provide on-sife dormitory style units, 2. Conveyance of property on-site. An applicant may convey on-site real property to the Town on which no covenants, restrictions or issues exist that would limit the construction of EHUs, at the so/e discretion of the Town Council. This method does nof mitigafe the on- site unit requirements of Section 12-23-6A above. 3. Off-site units. a. The requisite number of EHUs, or a portion thereof, may be provided off-site within the Town, provided that such EHUs are deed restricted in accordance with this Chapter. b. At the sole discretion of the Planning and Environmental Commission, an applicant may provide off-site dormitory units, unless the application is for a Special Development District, in which case, the Town Council, in its sole discretion, may accept dormitory units as a method of mitigation. . � � � a. The fee-in-lieu for each employee to be housed shall be established annually by resolution of the Town Council, provided that, in calculating that fee, the Town Council shall rnclude the net cost (total cost less the amount covered by rental or sa/e income) of real property and all related planning, design, site development, legal, construcfion and construction management cosfs of the project, in current dollars, which would be incurred by the Town to provide housing for the employee to be housed in that year. b. An administrative fee, established by resolution of the Town Council, shall be added to the amount set forfh in paragraph a hereof. c. Fees-in-lieu shall be due and payable prior to the issuance of a building permit for the development. d. The Town shall only use monies collected from fees-in-lieu to provide new employee housing. 28 Ordinance No. 1, Series of 2008, first reading 5. Conveyance of properfy off-site. The Town Council may, at its so/e discretion, accept the conveyance of property off-site in lieu of requiring the provision of EHUs, provided that no covenants, restrictions or issues exist on such property fhat would limit the construction of EHUs. R � rFi 1 fc�oc in liari ch�ILho n irl �eii�on fLio ��+In�il�finn f.� i'Io�ormino �o. . -- - - - - � - - - - - - - 12-23-7: MITIGATION BANK: A. The Town will provide credit for any EHUs constructed on-site, consfructed off-site, or otherwise acquired in anticipation of future commercial development or redevelopment, provided that those EHUs meet all applicable requirements of this Title. However, the construction or acquisition of EHUs in anticipation of future development is at the sole risk of the applicant, because the commercial development shall be subject to all regulations pertaining to EHUs which are in etfect at the time the application for commercial development review is submitted to the Town, even if those regulations change after the EHUs are constructed. 8. /t shall be fhe applicant's responsibility to provide documentation of any existing EHU credit upon submission of an application for development review. If the applicant cannot adequately document such credits, the Town shall not be obligated to provide such credit. 12-23-8: ADMINISTRATION: A. Each application for development review, except those exempt per Section 12-23-5, shall include an employee housing pfan ^r °f^;°^,°^+ ^f ��,^�,p��which includes the following: 1. Calculation Mefhod. The calculation of employee generation, including credits if applicable, and fhe mitigation method by which the applicant proposes to meet the requiremenfs of this Chapter; 2. Plans. A dimensioned site plan and architectural floor plan that demonstrates compliance with Section 12-23-3, Size and Building Requiremenfs; 3. Lot Size. The average lot size of the proposed EHUs and the average lot size of other dwelling units in the commercial development or redevelopment, if any; 4. Schedules. A timeline for the provision of any off-site EHUs; 5. Off-Site Units. A proposal for the provision of any off-site EHUs shall include a brief statement explaining the basis of the proposal; 29 Ordinance No. 1, Series of 2008, first reading 6. Off-Site Conveyance Request. A request for an off-site conveyance shall include a brief statement explaining the basis for the request; 7. Fees-in-lieu. A proposal to pay fees-in-lieu shall include a brief statement explaining the basis of the proposal; and 8. Written Narratrve. A written narrafive explaining how the employee housing plan meets the purposes of this Chapter and complies with the Town's Comprehensive Plan. G. B. Governing Body: The Adminisfrator sha!l approve, approve wifh modifications or deny an employee housing plan involving a total mitigation requirement of /ess than 1.25 employees. The Planning and Environmental Commission shall approve, approve with modifications or deny an employee housing plan unless the plan involves a total mifigation requirement of /ess than 9.25 employees; the developmenf �t is located within a Special Development District; or the plan includes a request to convey property., �n whisla-sa�e-t#�-�e�� '^��^^�� h^�► ^^^r^„� . � . The Town Council shall approve, approve with modifications or deny an employee housing plan for a development located within a Special Development District or a plan requesting to convey property. Before granting approval of an employee housing plan, the applicable governing body shall make findings that the employee housing plan cont'orms to the general and specific purposes of this title, and that the plan is compatible with the applicable elements of fhe Vail Comprehensive Plan and the development objectives of the Town. �- E. If modifications to a submitted application for development review changes the obligations of the applicant under this Chapter, the applicant shall submit a modified employee housing plan. A modification to an employee housing plan shall be reviewed by the body that reviewed the initial employee housing plan, in accordance with fhe provisions of fhis Chapter. � F. An approved employee housing plan shall become part of tl�e approved application for development review for the affected site. G. Requests to amend an approved employee housing plan shall be reviewed in accordance with the procedures described in this Chapter. Af the discretion of the Administrator, minor amendments that do not alter the basic intenf or methodology of fhe plan may be approved, or approved wifh modifications, or denied by the Administrator. 30 Ordinance No. 1, Series of 2008, first reading 12-23-9: OCCUPANCYAND DEED RESTRICTIONS: A. No EHU shall be subdivided or divided into any form of timeshare unit or fractional fee club unit. B. EHUs shall not be /eased for a period less than thirty (30) consecutive days. C. An EHU may be sold or transferred as a separate unit on the site. D. An EHU shall be continuously occupied by an employee �ed and shall not remain vacant for a period in excess of three (3) consecutive months unless, despite reasonable and documented efforts to � occupy the EHU, r�al efforts are unsuccessful. E. No later than February 1 of each year, the owner of an EHU shall � submit a sworn affidavit on a form provided by the Town to the Town of Vail Community Development Department containing the following information: 1. Evidence to establish that the EHU has been occupied throughouf the year by an employee; 2. The rental rate (unless owner-occupied); 3. The employee's employer, and 4. Evidence to demonstrate that at least one �� person residing in the EHU is an employee. 12-23-10: TIMING: All EHUs required by this Chapter shall be ready for occupancy prior to the issuance of a temporary certificate of occupancy for the affected commercial development or redevelopment. 92-23-11: VARIANCES: Variances from the requirements of this Chapter may be granted pursuant to the procedures and standards set forth in Chapfer 17 of this Title. 12-23-12: REVIEW.� A. Purpose. The Town Council intends fhat the application of this Chapter not result in an unlawful taking of private property without the payment of just compensation, and therefore, the Town Council adopts the review procedures set forth in this Section. B. Planning and Environmental Commission review. Any applicant for commercial development who feels that the application of this Chapter would effect an unlawful taking may apply to the Planning and Environmental Commission for an adjustment of the requirements imposed by this Chapter. If the Planning and Environmental Commission determines fhat the application of 31 Ordinance No. 1, Series of 2008, first reading this Chapter would result in an unlawful taking of private property without just compensation, the Planning and Environmental Commission may alter, lessen, or adjust employee housing requirements as applied to the particular project under consideration to ensure that there is no unlawful uncompensated taking. C. Town Council review. If the Planning and Environmental Commission denies the relief sought by an applicant, the applicant may request a hearing before the Town Council. Such hearing shall be a quasi judicial hearing and conducted according to the Town's rules and regulations regarding quasi- judicial hearings. At such hearing, the burden of proof shall be on the applicant to establish that the fulfillment of the requirements of this Chapter would effect an unconstitutional taking without just compensation pursuant to applicable Jaw. If the Town Council determines that the application of this Chapter would effect an illegal taking without just compensation, the Town Council may alter, lessen, or adjust the employee housing requirements as applied to the particular project under consideration to ensure that no illegal uncompensated taking occurs. The decision of the Town Council shall be final, subject only to judicial review. Section 25. Chapter 12-24, Inclusionary Zoning, of the Vail Town Code is hereby amended as follows (text to be deleted is in cfriUoFhr��rh text that is to be added is bold): 12-24-1: PURPOSE AND APPLICABILITY: A. The purpose of this Chapter is to ensure that new residential development and redevelopment in the Town of Vail provide for a reasonab/e amount of employee housing to mitigate the impact on employee housing caused by such residential development and redevelopment. B. This Chapter shaN apply to al! new residential development and redevelopment located within the following zone districts, except as provided in Section 12-24-5: 1. High Density Multiple Family (HDMF); 2. Public Accommodation (PA); 3. Public Accommodation 2 (PA2); 4. Commercial Core 1 (CC1); 5. Commercial Core 2 (CC2); 6. Commercial Core 3 (CC3); 7. Commercial Service Center (CSC); 8. Arterial Business (ABD); 9. General Use (GU); 10. Heavy Service (HS); 32 Ordinance No. 1, Series of 2008, first reading 0 11. Lionshead Mixed Use 1(LMU1); 12. Lionshead Mixed Use 2(LMU2); 13. Ski Base/Recreation (SBR); 14. Ski Base/Recreation 2 (SBR2); 15. Parking District (P); and 16. Specia! Development (SDD). C. The requirements of this Chapter shall be in addition to all other requirements of this Code. D. When any provision of this Chapter conflicts with any other provision of this Code, the provision of this Chapter shall control. 12-24-2: EMPLOYEE HOUSING REQUIREMENTS: Every residential developmenf and redevelopment shall be required to mitigate its direct and secondary impacts on the Town by providing employee housing at a mitigation rate of ten percent (10%) of the total new GRFA. For example, for a development proposing 5, 500 square feet of new GRFA the calculation would be as follows: 5,500 square feet of new GRFA x 10% mitigation rate = 550 square feet of employee housing to be provided 12-24-3: BUILDING REQUIREMENTS: A. Table 24-1, Size of Employee Housing Units, establishes the minimum.size requirements for EHUs under this Chapter. All EHUs shall meet or exceed the minimum size requirements. TABLE 24-1 SIZE OF EMPLOYEE HOUSING UNITS Type of Unit Minimum Size (GRFA) Dormitory 250 Studio 438 One-Bedroom 613 Two-Bedroom 788 33 Ordinance No. 1, Series of 2008, first reading B. bathroom. C. Three orMore-Bedroom 1,225 Every EHU shall contain a kitchen facility or kitchenette and a All trash facilities shall be enclosed. D. Parking shall be provided in accordance with Chapter 10 of this Title. 1, Exception for on-site EHUs: At the discrefion of the governing body, variations to the parking standards outlined in Chapter 10 of fhis Title may be approved during the review of an employee housing "plan subject to a parking management plan. The parking managemeni plan may be approved by the governing body and may provide for a reduction in the parking requirements for on-site units based on a demonstrated need for fewer parking spaces fhan Chapfer 90 of this Title would require. For example, a demonstrated need for a reducfion in the required parking could include: a. Proximity or availability of alternative modes of transportafion including, but not limited to, public transit or shuttle services. b. A limitation placed in the deed restrictions limiting the number of cars for each unit. c. A demonstrated permanent program including, but not limited to, rideshare programs, car-share programs, shuttle service, or siaggered work shifts. E. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit to which it may be attached. _ .. . _ 12-24-4: REDEVELOPMENT.� Employee housing need only be provided for the increase in the GRFA of a redevelopment; provided however, that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced in addition to other requirements of this Chapter. 34 Ordinance No. 1, Series of 2008, first reading 12-24-5: EXEMPTIONS: The following shall be exempt from this Chapter.� 1. The remodeling of an existing dwelling unit; 2. The replacement of a demolished residential development, provided the replacement structure does not exceed the total GRFA of the original structure; and 3. The construction of EHUs. 12-24-6: METHODS OF MITIGATION: A. For all new consfruction and demo/rebuild projects that result in a mitigatian requirement of 438 sq. ft, or greater, no /ess than one-half (%) the mitigation of employee housing required by this Chapter shall be accomplished wifh on-site units. 1. Exceptions: At fhe sole discretion of the applicable governing body, an exception may be granted from this on-sife unif requirement should fhe applicable governing body make one of the following findings: a. Thaf implementation of the on-site unif mitigation method would be contrary to the intenf and purpose of the applicable zone districf. b. That implementafion of the on-sife unit mitigation mefhod would be contrary to the goals of the applicable elements of the Vail Comprehensive Plan and the Town's development objectives. c. That exceptional or e�raordinary circumstances or condifions apply to fhe site that prevenfs the implementation of the on-site unit mitigation method. d. That the method of mitigation proposed betier achieves the intent and purpose of this Chapter and general and specific purposes of this Title than the on-sife mifigafion u�►it method. 2. All on-site EHUs shall be deed restricted as a"Type !V-IZ" (type four, inclusionary zoning mitigation) or "Type Vll-IZ" (type seven, inclusionary zoning mitigation) EHU in accordance wifh Chapfer 12-13, Employee Housing, of this Tifle. 3. At the sole discretion of fhe applicable governing body, an applicant may provide on-site dormitory style units. 35 Ordinance No. 1, Series of 2008, first reading 4. An applicanf may provide a payment of fees-in-lieu for any fractional remainder of the requirement generated under this Chapter totaling /ess than 438 sq. ft. of EHU floor area. 5. Any remaining portion of fhe mitigation requirement not provided with on-site units may be provided in accordance with Section 12-24-6B below. � B. For all developmenf projects, except those mitigated by Section 12-24-6A above, the mitigation of employee housing required by this Chapter shall be accomplished through one, or at the developer's discretion, any combination of the following methods: On-site units. On-site units. a Th.� rnrniioifn n��mFic�r �f �I--ll Ic �r o n�rfi�n Fhni-o�{ � i 'f�}.�j'--�—f�1�tF6f�°�Jc.v--vr�i---�`�ic�aGYi fhof�T�� CLJ! Ic oro � . All on-site EHUs shall be deed restricted as a"Type IV-1Z" (type four, inclusionary zoning mitigation) or "Type VII-IZ" (type seven, inclusionary zoning mifigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. b. /If fha onlo �nr ' n �_fh� �/�nniniv nnrJ r-ra—mti�v� .7v n-r�. -� =niiirnn ol�,m��:�n�a� �n " nnf m��i nrn�iii-lo ��,R� v�knmifn��aniziu� �S� tttL��pnlin�prrvuciv^n—�� tE1% a ��iui "N � i i- At the sole discretion of the applicable governing body, an applicant may provide on-site dormifory style units. 2. Conveyance of property on-site. An applicant may convey on-site real property to the Town of Vail on which no covenants, restrictions or issues exist that would limit the construction of EHUs, at the so/e discretion of the Town Council, This method does nof mitigate the on-site unit requirements of Section 12-24-6A above. 3. Off-site units. a. The requisite number of EHUs, or a portion thereof, may be provided off-site within the Town, provided that such EHUs are deed restricted in accordance with this Chapter. b. At the sole discretion of the Planning and Environmental Commission, an applicant may provide off-site dormitory units, unless the application is for a Specia/ Development District, in which case, the Town Council, in its sole discretion, may accept dormitory units as a method of mitigation. 36 Ordinance No. 1, Series of 2008, first reading � � . � . . . . L7 . . .. - . . _ a. The fee-in-lieu for each square foot shall be established annually by resolution of the Town Council, provided that in calculating that fee, the Town Council shall include the net cost (total cost /ess the amount covered by rental or sale income) of real property and all related planning, design, site development, legal, construction and construction management costs of the project, in current dollars, which would be incurred by the Town to provide the square feet in that year. b. An administrative fee, established by resolution of the Town Council, shall be added to the amount set forth in paragraph a hereof. c. Fees-in-lieu shall be due and payab/e prior to the issuance of a building permit for the development. d. The Town sha// only use monies collected from the fees-in- lieu to provide new employee housing. 5. Conveyance of property off-site. The Town Council may, at its sole discretion, accept a conveyance of real property off-site in lieu of requiring construction of EHUs, provided that no covenants, restrictions or issues exist on the property that would limit the construction of EHUs. 12-24-7 MITIGATION BANK: A. The Town will provide credit for any EHUs constructed on-site, constructed off-site, or otherwise acquired in anticipafion of future residential development or redevelopment, provided that those EHUs meet all applicable requiremenfs of this Chapter. However, the construction or acquisition of EHUs in anticipation of future development is at the risk of the applicant, because the residential development shall be subject to all regulations pertaining to EHUs which are in effect at the time the application for development review is submitted to the Town, even if those regulations change after the EHUs are constructed. 8. It shal! be the applicant's responsibility to provide documentation of any existing EHU credits upon submission of an application for development review, If the applicant cannot adequately document such credits, the Town shall not be obligated to provide such credits. 12-24-8: ADMINISTRATION: A. Each application for development review, except those exempt per Secfion 12-24-5, shall include an employee housing plan ^r °}^f°^�°^f ^f ��which includes the following: - ., 37 Ordinance No. 1, Series of 2008, first reading 1. Calculation Method. The calculation of the inclusionary zoning requirement, including credits if applicable, and the mitigation method by which the applicant proposes to meet the requirements of this Chapter; 2. Plans that demonstrates Requirements; A dimensroned site plan and architectural floor plan compliance with Section 12-24-3, Building 3. Lot Size. The average lot size of the proposed EHUs and the average lot size of other dwelling units in the commercial development or redevelopment, if any; 4. Schedules. A timeline for the provision of any off-site EHUs; 5. Off-Site Units. A proposal for the provision of any off-site EHUs shall include a brief statement explaining the basis of the proposal; 6. Off-Site Conveyance Request. A request for an off-site conveyance shall include a brief statement explaining the basis for the request; and 7. Fees-in-Ireu. A proposal to pay fees-in-lieu shall include a brief statement explaining the basis of the proposal. 8. Written Narrative. A written narrative explaining how the employee housing plan meets the purposes of this Chapter and complies with the Town's Comprehensive Plan. G. B. Governing Body: The Administrator shall approve, approve with modifications or deny an employee housing plan involving a total mifigation requirement of /ess than 438 square feet nf EHU floor area. The Planning and Environmental Commission shall approve, approve with modifications, or deny an employee housing plan un/ess the plan involves less than 438 square feet of EHU floor area; the development � is located within a Special Development District; or the plan includes a request to convey property, , , nr rlanv fho mm�ln�ioo F��i�oinir nlon The Town Council shall approve, approve wifh modificafions or deny an employee housing plan for a development located within a Special Development Disirict or a plan requesting to convey property. Before granting approval of an employee housing plan, the applicab/e governing body shall make findings that the emp/oyee housing plan conforms to the general and specific purposes of this title, and that 3$ Ordinance No. 1, Series of 2008, first reading the plan is compatible with the applicable elements of the Vail Comprehensive Plan and the development objectives of the Town. �- C. If modifications to a submitted application for development review changes the obligations of the applicant under this Chapter, the applicant shall submit a modified employee housing plan. A modification to an employee housing plan shall be reviewed by the body that reviewed the initial employee housing plan, in accordance with the provisions of this Chapfer. � D. An approved Employee Housing Plan shall become part of the approved application for development review for the affected site. E. Requests to amend an approved employee housing plan shall be reviewed in accordance with the procedures described in this Chapter. At the discretion of the Administrator, minor amendments thaf do not alter fhe basic intent or methodology of the plan may be approved, or approved wifh modifications, or denied by the Administrafor. 12-24-9: OCCUPANCYAND DEED RESTRICTIONS: A. No EHU shall be subdivided or divided into any form of timeshare unit or fractional fee club unit. 8. EHUs shall not be /eased for a period /ess than thirty (30) consecutive days. C. An EHU may be sold or transferred as a separate unit on the site. D. An EHU shall be continuously occupied by an employee fer-�ed and shall not remain vacant for a period in excess of three (3) consecutive months unless, despite reasonable and documented effo►ts fo � occupy the EHU, �a! efforts are unsuccessful. E. No later than February 1 of each year, � the owner of each EHU shall submit a sworn affidavit on a form provided by the Town with the fo!lowing information: 1. Evidence to establish that the EHU has been rented or owner occupied throughout the year,� 2. The rental rate (unless owner-occupied); 3. The employee's employer; and 4. Evidence to demonstrate that at least one #�a�� person residing in the EHU is an employee at a business located in Eagle County. 39 Ordinance No. 1, Series of 2008, first reading 12-24-10: TIMING: All EHUs required by this Chapter shall be ready for occupancy prior to the issuance of a temporary certrficate of occupancy for the affected residential development. 12-24-11: VARIANCES: Variances from the requirements of this Chapter may be granted pursuant to the procedures and standards set forth in Chapter 17 of this Title. 12-24-12: REVIEW.� A. Purpose. The Town Council intends that the application of this Chapter not result in an unlawful taking of private property without the payment of just compensation, and therefore, the Town Council adopts the review procedures sef forth in this Section. B. Planning and Environmental Commission review. Any applicant for residential development who feels that the application of this Chapter would effect an unlawfu! taking may apply to the Planning and Environmental Commission for an adjustment of the requirements imposed by this Chapter. If the Planning and Environmental Commission determines that the application of this Chapter would result in an unlawful taking of privafe property without just compensation, the Planning and Environmental Commission may alter, /essen, or adjust employee housing requirements as applied to the particular project under consideration to ensure that there is no unlawful uncompensated taking. C. Town Council review. If the Planning and Environmenfal Commission denies the relief soughf by an applicant, the applicant may request a hearing before fhe Town Council. Such hearing shall be a quasi judicial hearing and conducted according to the Town's rules and regulations regarding quasi- judicial hearings. At such hearing, the burden of proof shall be on the applicant to establish that the fulfillment of the requirements of this Chapter would effect an unconstitutional taking without just compensation pursuant to applicable law. If the Town Counci! determines that the application of this Chapter would effect an illegal taking without just compensation, the Town Council may alter, /essen, or adjust the employee housing requirements as applied to the particular project under consideration to ensure that no illegal uncompensated taking occurs. The decision of the Town Council shall be final, subject only to judicial review. Section 26. If 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 27. 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. 40 Ordinance No. 1, Series of 2008, first reading Section 28. 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 29. 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 1st day of April, 2008 and a public hearing for second reading of this Ordinance set for the 15th day of April, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk 41 Ordinance No. 1, Series of 2008, first reading Vaif Town Council Attachment: B Extroordinory people. Extroordinary care. Vail Valley Medical Center www.vvmc.com March 7, 2008 181 West Meadow Drrve, Vail, CO 81657 PO Box 40,000, Vail, CO 61658 Planning and Environmental Commission Town Council Town of Vail 75 South Frontage Road Vail, Colorado 81657 Re: Proposed changes to Housing Regulations Dear Commissioners and Council Members, We understand that the Town is proposing to modify the employee housing requirements for development and redevelopment projects within the Town. The proposed regulations would require that mitigation for employee housing occur 100% on the site of the development project. We understand that the Planning and Environmental Commission, at its sole discretion, could approve an exception to allow offsite mitigation or payment in lieu but only after applying some additional and more stringent criteria. The Vail Valley Medical Center (VVMC) is very concerned about the impact of the adopted regulations as the proposed amendments would make redevelopment of the medical center extraordinarily difficult and expensive and therefore might result in unintended consequences. We have expressed this concern during the initial development of Ordinances NO. 7, 8, 9 and Resolution NO. 10, Series 2007. VVMC is a vital component of the Town and the community. This type of facility is part of the municipal infrastructure of a vibrant and healthy community. The services provided by this facility are what the public expects to find in a mature community such as ours. During the review of the cunent regulations we asked that the Town include language that would allow VVMC or similar public facilities to have special consideration in the review of a housing plan. We asked for some flexibility due to our not-for-profit healthcare mission. Any redevelopment of our property would not be motivated by profit but by provision of patient care services. An additional concern is that major redevelopment will likely be funded by philanthropy and it could be a major concern of donors to know that the project could not be started without millions invested, potentially on site for workforce housing. No such language was included in the original draft as it was suggested that VVMC could apply for a variance. After reviewing the regulations we believe that the variance criteria would never allow for the flexibility that would be necessary to allow VVMC to appropriately respond to the need for quality medical services on the Vail campus. We would request again that language be added to the regulations that provide for flexibility for public or quasi public uses. The Vail Valley Medical Center has always recognized the importance of its employees and the measures necessary to attract and maintain a qualified healthcare workforce. VVMC is the second largest employer in Eagle County and serves as a regional medical facility. We have facilities in Vail, Avon, Edwards, Eagle, and Gypsum and we have approximately 94 employees residing in Vai1, 70 in Summit County, 52 in Leadville, 16 in Minturn, 118 in Avon, 82 in Edwards, 82 in Eagle, and 43 in Gypsum. VVMC Administration and the Governing Board are fully engaged in the understanding of our staffs needs and continue to develop our housing assistance program. Within our ongoing discussions, it is clear that we need to seek several mechanisms to assist staff in housing and not just merely tie them to the Town of Vail. VVMC's housing program currently includes: Housing subsidies in the form of reduced housing payments Employee units controlled by VVMC on the Tarnes property in Avon Units under renta] lease program throughout the County In 2007 alone, VVMC spent over $600,000 to ensure adequate housing for its employees. We are providing this information to show that VVMC has a commitment of providing housing assistance to its employees and will continue to address this issue. We have been able to react to the needs of our staff in variety of ways. As previously mentioned we will continue our housing assistance efforts with our specific staff interest in mind. We invite anyone to meet with us to fully understand the function and operations of WMC as we want to be completely transparent with the Town and the community. We look forward to developing new and exciting partnerships with the Town to help create a community with top notch infrastructure and facilities of which we can all be proud. Allowing us flexibility will help make both VVMC and the Town a better place. Sincerely, - L�� Stan Anderson Senior Vice President of Operations Vail Valley Medical Center Vail Town Council Attachment: C � � ' ' Mauriello Planning Group MEMORANDUM TO: Town of Vail Planning Commission FROM: Mauriello Planning Group DATE: March 10, 2008 RE: Analysis of Proposed Amendments to the Employee Housing Regulations Based on the staff inemorandum for the Planning Commission Meeting on March 10, 2008, we reviewed the examples provided by staff in the draft of Ordinance 1, Series of 2008, on Pages 57-58 (Inclusionary Zoning). The analysis provides the following: Givens: • 120,000 sq. ft. of GRFA • = 60 dwelling units at 2000 sq ft. per unit • At .l 1 employees per unit = 6.6 employees generated (based on the Town of Vail Nexus Study) Existing Regs: (10� mitigation rate) 12,000 sq. ft. of employee housing @ 350 per employee = 34 employees to be housed (515% of employees generated) Proposed Regs with the example: (ends up at 27.9% mitigation rate) 60,000 sq. ft. on-site = 6000 sq. ft. to be mitigated 50,000 sq. ft. off-site = 25,000 sq. ft. to be mitigated 10,000 sq.ft. through fee-in-lieu = 2500 sq. ft. to be mitigated 33,500 sq. ft. of employee housing @ 350 per employee = 95 empioyees to be housed (1439% of employees generated) Vail Town Council Attachmeni: D MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 10, 2008 SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters 12-23, Commercial Linkage and 12- 24, Inclusionary �Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. (PEC070075) Applicant: Town of Vail, represented by Nina Timm, Housing Coordinator Planner: Bill Gibson I. SUMMARY The Applicant, Town of Vail, is requesting a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters 12-13, Employee Housing, 12- 23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements. In addition to amendments to the Chapters listed above there will be amendments to all the established zone districts which contain employee housing units as a permitted or conditional use. The Applicant has submitted the application in response to a request from the Planning and Environmental Commission to clarify certain portions of the adopted regulations. Staff is recommending that the Planning and Environmental Commission forwards a recommendation of approval of the proposed amendments to Chapters 12-13, Employee Housing, 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, based upon the criteria found in Section VI of this memorandum. II. DESCRIPTION OF REQUEST The Applicant, Town of Vail, is requesting a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters 12-13, Employee Housing, 12- 23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements. In addition to amendments to the Chapters listed above there will be amendments to Articles 12-6A, Hillside Residential District; 12-6B, Single- Family Residential District; 12-6C, Two-family Residential District; 12-6D, Two- Family Primary/Secondary Residential District; 12-6E, Residential Cluster District; 12-6F, Low Density Multiple-Family District; 12-6G, Medium Density Multiple-Family District; 12-6H, High Density Multiple-Family District; 12-61, Housing District; 12-7A, Public Accommodation District; 12-7B, Commercial Care 1 District; 12-7D, Commercial Core 3 District; 12-7E, Commercial Service Center; 12-7F, Arterial Business District; 12-7H, Lionshead Mixed Use 1 District; 12-71, Lionshead Mixed Use 2; District; 12-7J, Public Accommodation 2 District; 12-8A, Agricultural and Open Space District; 12-8D, Ski Base/Recreation District; 1 Z-8E, Ski Base/Recreation 2 District; 12-9B, Parking District; 12-9C, General Use; to incorporate changes to the employee housing types listed as permitted or condifional uses within each district and facilitate the implementation of these regulations. The Applicant is requesting approval of the Housing Authority's recommendation that no less than one-half ('/2) the mitigation of employee housing be required on- site for all new construction and demo/rebuild projects based. This recommendation is based upon the following factors: • The scarcity of developable land resources; • The financial, political, and practical difficulties associated with the construction of any free standing employee housing development; • The need for additional workforce housing to ensure the long term sustainability of Vail's economy; •, An opportunity to improve the Town's sense of community; • On-site units create "live-work" opportunities; • On-site units create less demand on, and impact to, the Town's infrastructure; a The Town of Vail has an opportunity to become a leader in addressing employee housing within Eagle County; and, • 70% of the community's workforce housing needs created by future development are not addressed by these regulations; In a straw poll, the Commission preferred this recommendation over Staff's previous proposal that new and demo/rebuild projects provide all their required mitigation on-site. The Applicant is requesting approval of the Commission's recommendation to weight the methods of mitigation to further incent on-site employee housing mitigation. StafF proposes the following rates apply to any mitigation remainder for new construction and demo-rebuild projects, and that these rates apply to all other development projects that have employee housing requirements. For projects subject to Commercial Linkage requirements: 1. On-Site Units: 20% of the employees generated. 2. Conveyance of Properfy On-Sife: 20% of the employees generated. 3. Off-Site Units: 100% of fhe employees generated. 4. Paymenfs of Fee in Lieu: 25% of the employees generated. 2 5. Conveyance of Properfy Off-Site: 20% of the employees generated. For projects subject to Inclusionary Zoning requirements: 1. On-Site Units: 10% of the net new GRFA. 2. Conveyance of Property On-Site: 10% of the net new GRFA. 3. Off-Site Units: 50% of the nef new GRFA. 4. Payments of Fee in Lieu: 25% of the net new GRFA. 5. Conveyance of Property Off-Sife: 10% of the net new GRFA. The Applicant is also requesting approval of the Commission's recommendation to include additional incentives for on-site employee housing mitigation. Staff has incorporated language into Sections 12-23-3 and 12-24-3 found in the draft Ordinance that will allow the governing bodies (Council, Commission, or Staf� the discretion to reduce the parking requirements for on-site EHUs. The proposed language is similar to that which grants the Commission authority to reduce the parking requirement for EHUs in the Housing District. The governing body may approve a parking management plan and a reduction in the required parking based upon the following considerations: a. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. b. A limitation placed in the deed restrictions limiting the number of cars for each unit. c. A demonstrated permanent program including, but not limited to, rideshare programs, car-share programs, shuttle service, or staggered work shifts. Additionally, the Applicant is requesting approval of the Commission's recommendation to ensure flexibility should a developer proposal better achieves the intent and purpose of the Employee Housing chapter and the Methods of Mitigation section than the on-site unit method. The Applicant and the Vail Local Housing Authority also requesting approval of the following additions and/or changes to Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning. Establishing that any required mitigation of less than 1.25 employees or any remaining unit floor area of less than 438 sq. ft. may always be provided through the fee-in-lieu mitigation method; � • Establishing that projects resulting in a total mitigation requirement of less than 1.25 employees or less than one whole unit will be reviewed administratively; • Establishing policies to address potential requests to modify an approved Employee Housing Plan; • Creating a new EHU "type" category in the Town Code for any unit used to mitigate a commercial linkage or inclusionary zoning requirement. This is necessary to distinguish these mitigation units from the other six types of EHUs already allowed within the Town of Vail; � Clarifying that the intent of Table 23-2, Size of Employee Housing Units, for Commercial Linkage was that a three bedroom unit and any unit with more than three bedrooms mitigate at the same rate of 3.5 employees; • Clarifying the Mitigation Banking regulations; • Allowing mitigation types of EHUs as permitted uses in the applicable zone districts, rather than conditional uses. Staff has identified the proposed changes to be made in the attached draft Ordinance (Attachment A). Text that is to be deleted is in ctriLo+F�rr�� in:-+ text that is to be added is in bold, and sections of text that are not to be amended may be omitted. BACKGROUND • There is a substantial, direct, and rational connection between the need for housing of employees generated by new development and redevelopment and the requirements for the provision of employee housing, as documented in the report entitled, "Town of Vail Nexus/Proportionality Analysis for Employee Housinq Mitiqation Proqrams." • It is the Town Council's goal to provide housing for at least thirty percent (30%) of the net new employees generated from residential and commercial development in the Town of Vail through the conjunctive efforts of Commercial Linkage and Inclusionary Zoning. • On April 3, 2007, the Vail Town Council adopted Ordinances Nos. 7 and 8, establishing Chapter 23, Commercial Linkage and Chapter 24, Inclusionary Zoning of the Vail Town Code for the purpose of requiring new development and redevelopment to provide a reasonable and appropriate percentage of new employee housing which has a nexus to new job generation. • At its December 11, 2007, public hearing, the Planning and Environmental Commission requested Staff bring forward recommendations for amendments to Chapters 12-23, Commercial Linkage, and 12-24, Inclusionary Zoning, to better define the Commission's role in reviewing Employee Housing Plans and to clarify the priority of the five approved mitigation methods. • The Vail Local Housing Authority discussed the Commission's request at their December 12, 2007, meeting. The Authority determined that the on-site mitigation method is the highest priority and forwarded a recommendation � that half the required employee housing mitigation be required on-site for new construction and demo/rebuild projects. • The Commission discussed this recommendation and numerous other issues related to employee housing at its January 14, 2008, public hearing. At the Town Council's January 22, 2008, Council Member retreat and again at its subsequent public hearings, the Town Council indicated that providing on-site units is the most desirable employee housing mitigation method and fee-in-lieu is the least desirable method, except when necessary to address partial requirements. At the February 11, 2008, Planning and Environmental Commission public hearing the Commission requested Staff forward recommendations for amendments to Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning to achieve the following: • Prioritization of the five approved mitigation methods based on value to the community; • Flexibility and/or incentives for better mitigation options rather than a requirement for all on-site mitigation; and • A predictable review process. At the February 14, 2008, special meeting of the Vail Local Housing Authority the Authority again discussed establishing a priority order for the allowed employee housing mitigation methods. At the meeting, the Authority reconfirmed its recommendation: At least half of requisite employee housing mitigation must be provided on-site for all new development and demo-rebuild projects where Commercial Linkage and Inclusionary Zoning apply. Without this requirement the authority does not believe that on-site unit mitigation will be pursued by developers. Much of the discussion regarding the available mitigation options has centered on calculation formulas, financial parity, who would manage the development of housing projects, and the like. However, if these arguments are set aside and the question is asked "what scenario is in the best interest of the community from a long-term planning standpoint", it becomes clear that on-site employee housing will provide: • The most certain delivery of employee housing; The greatest reduction in vehicular traffic (and associated noise and pollution) by employees; • The greatest reduction in public parking needs by employees; 5 • Reduce the loading of employee volume on our public transportation systems; • Best retain employee spending in town of Vail service businesses; and Most effectively create the energy of a vibrant, lived-in community in our resort core and commercial areas. Additionally, the Authority recommends: The remaining requisite mitigation should be provided via any of the five allowed employee housing mitigation methods, or a combination thereof, at the developer's discretion. This recommendation is based on the Authority's belief that today all five mitigation methods provide value to the community. The Housing Authority supports adding three of the Staff recommended criteria to allow for relief from the on-site requirement. The Authority does not recommend adopting language that allows a developer to provide a creative or "superior" employee housing mitigation plan that could no longer require at least half of the requisite employee housing mitigation be provided on-site. The Housing Authority is also committed to annually reviewing the priority of the five employee housing mitigation methods and offering their recommendation to the Vail Town Council. This review is anticipated in March of each year to eoincide with the annual review of the fee-in-lieu rates. At the February 25, 2008, Planning and Environmental Commission public hearing the Commission recommended: All mitigation methods should be available at the developer's discretion, but the methods of mitigation should be weighted to incent on-site employee housing mitigation. Additional incentives should be given to developers to construct on- site employee housing units. Ensure flexibility should a developer proposal better achieve the intent and purpose of the Employee Housing chapter and the Methods of Mitigation section than the on-site unit method. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application. 0 Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Vail Local Housing Authority: The Vail Local Housing Authority is responsible for forwarding a recommendation to the Town CounciL Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. V. APPLICABLE DOCUMENTS Staff believes the following documents are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS Chapter 12-1, Title, Purpose and Applicability (in part) Section 12-1-2: Purpose A. GeneraL These regulations are enacted for the purpose of promoting the healfh, safety, morals, and general welfare of the Town, and to promofe fhe coordinated and harmonious development of the Town in a manner that will conserve and enhance ifs nafural environmenf and its established character as a resort and residential community of high quality. 8. Specific: These regulations are infended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulafion of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 7 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain estabiished community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consisfent with municipa/ development objectives. 7. To prevent excessive population densifies and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Chapter 12-3: Administration and Enforcement: (in part) 12-3-7: AMENDMENT: C. Criteria and Findings: 2. Prescribed Regulations Amendment: a. Factors, Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council sha// consider the following factors with respect to the requested fext amendment: 1. The extent to which the text amendment furthers the general ar�d specific purposes of the zoning regulations; and 2. The extent to which the text amendment would befter implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipa! development objectives; and : 5. Such other factors and criteria the commission and/or council deem applicable to the proposed text amendment. Chapter 13: Employee Housing: (in part) 12-13-1: Purpose: The town's economy is largely tourist based and ihe health of fhis economy is premised on exemplary service for Vail's guests. Vail's ability fo pravide such service is dependenf upon a strong, high quality and consistenfly available work force. To achieve such a work force, the community must work to provide quality living and working conditions. Availability and affordability of housing plays a crifical role in creafing quality living and working conditions for the community's work force. The town recognizes a permanent, year round population plays an important ro/e in susiaining a healfhy, viable community. Furfher, the town recognizes its role in conjunction with the private sector in ensuring housing is available. Chapter 23: Commercial Linkage: (in part) 12-23-1: Purpose and Applicability: A. The purpose of fhis chapter is to ensure that new commercial development and redevelopment in fhe iown provide for a reasonable amount of employee housing to mitigafe fhe impacf on employee housing caused by such commercial development and redevelopmenf. Chapter 24: Inclusionary Zoning: (in part) 12-24-1: Purpose and Applicability: A. The purpose of this chapfer is to ensure that new residential development and redevelopment in the town of Vail provide for a reasonable amount of employee housing to mifigate the impacf on employee housing caused by such residential development and redevelopment. TOWN OF VAIL LAND USE PLAN Chapter II: Land Use Goals/Policies (in part) 5. Resider►tial 5.1 Additional residential growth should continue to occur primarily in existing, platfed areas and as appropriate in new areas where high hazards do not exist. 5.2 Quality time share units should be accommodated to help keep occupancy rates up. 5.3 Affordable employee housing should be made available through private efforts, assisted by Iimited incentives, provided by the Town of Vail, with appropriafe restrictions. � 5.4 Residenfial growth should keep pace with the market p/ace demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites fhroughout the community. VAIL VILLAGE MASTER PLAN Chapter V: Goals, Objectives, Policies and Action Steps (in part) Goal #2: To foster a strong tourist indusfry and promote year-around economic health and viability for the village and for the community as a whole. 2.6 Objective: Encourage the development of affordable housing unifs fhrough fhe efforts of fhe private sector. 2.6.1 Policy: Employee housing; units may be required as part of any new or redevelopment projecf requesting density over fhaf allowed by exisfing zoning. 2.6.2 Policy: Employee housing, shall be developed with appropriate restricfions so as to insure their availability and affordability fo the local work force. 2.6.3 Policy: The Town of Vail may facilitafe in the development of atfordable housing by providing limited assisiance. LIONSHEAD REDEVLOPMENT MASTER PLAN Chapter 4: Master Plan Recommendation — Overaii Study Area 4.8 Parking 4. 8.4 Parking for Employee Housing � The unit-to-parking space ratio for employee housing sf�ould be reduced to maximize the housing opportunities in west Lionshead. During the master planning process, the Vai! Town Council toured several employee housing complexes in Keystone Resort that averaged .25 cars per bed (one parking space per four-bed unit). Most of these complexes at Keystone are removed from the core and depend on a bus transit system to carry employees to and from work. Yet, Keystone property managers have not observed a parking shortage. Likewise, at the Rivers Edge employee housing project in Avon, a parking ratio of .75 cars per bed has been more than adequate and the parking lot is underufilized. 10 4.9 Housing Receni community surveys and grass-roofs planning efforts such as Vail Tomorrow have identifred the lack of /ocals housing as the mosf crifical issue facing the Vail community. Early in the Lionshead master planning process, west Lionshead was identified as an opportunity area to implement some of the community's housing goa/s, particularly relating fo employee housing. These opportunities and associated issues are outlined below. 4.9.1 No Net Loss of Employee Housing Ground rule number five of the masfer plan states that there shall be no net /oss of employee housing in Lionshead as redevelopment occurs. Visual /ssues 4.9.2 The financial realities of affordable housing often require cost reducing measures, generally involving the quality of detailing, p(anning, and architectural design. Given the strong desire to make these housing projects feasible, it is recommended that some latifude be granted to affordable housing developers. However, it is also important that financial realities not 6e used as an excuse to produce unsightly, poorly designed, substandard products. Employee housing does not need to match the architectural sophistication of a five star resort development, but it does need to be good quality construction and design. Rivers Edge in Avon is a good example of an attractive yet affordable employee housing project. 4.9.3 Policy Based Housing Opporiunities The first means of implementing housing goals in Lionshead is through policy based requirements such as the employee generation ordinance currently being pursued by the Vail Town Council. As required by a fufure ordinance, all deve/opmenf and redevelopment projects, as a prerequisife to project approval, should provide housing for employees generafed and fo the exfent possi6/e this housing should be located in the Lionshead area. VAIL 20/20 STRATEGIC PLAN Executive Summary (in part) Housin : The high cost of housing and a lack of developable land continue to challenge the community in providing adequate workforce housing. Opportunifies exist to increase the amount of employee housing through redevelopment of existing housing, the purchase of deed-restricted units and through developer requirements. During 20/20, participanfs placed workforce housing as a top priority for the community and government leaders to address. Community Values (in part) Diversity: Vail values maintaining a diverse populafion of residenfs, workers and visifors, with a broad representation of age, family composition, ethnic background and economic means. 11 .,�,�; .�� ' ,�� _ Land Use and Development (in part) 20/20 Vision: The pedestrian ambiance and scale of Vai! Village and Lionshead continues into 2020, where fhe European alpine charm of Vail is replicated in its new development. The unique character of Vail is evident from the Tyrolean building style that speaks of Vail's history, to the mountain contemporary style that heralds technologica! advancement. The vibrant mixed-use pedestrian core areas of Vail attract guests, residents and businesses. The diversity of businesses withir� the core areas provides something for everyone and the new atfordable housing opfions are seamlessly integrafed info the communify's fabric. Growth has been carefully managed to be sustainable and complementary to the natural environment. 20/20 Implementation: Based on input from the community during the 20/20 process, fown staff developed the following goals and action strategies to support the land use and development vision. The goals also reflect the common themes heard from the community during the 20/20 process, including a need for more employee housing, increased environmental sustainability, reduction of 1-70 impacts and managed growth. Goa/ #4: Provide for enough deed-resfricted housing for at leasf 30 percent of the workforce through policies, regulations and publicly initiaied development. Actions/Strategies • Updafe housing regulations to include more zone districis that are required to provide employee housing. • Redevelop Timber Ridge fo increase number of employee beds. • Use employee housing fund for 6uy-downs and ot�►er programs that will increase the number of employees living within the town. • Address the zoning regulations to provide more incentives for developers fo build employee housing units. Housing (in part) 20/20 Vision: The number of employees living wifhin the town has steadily increased, thanks to the town's commitment to ensure affordabilify and availability of housing. The number of deed-restricied rental and for- sa/e unifs required of both private and pu6lic projects has increased. The diversity of deed-restricted units can accommodate the seasonal worker, as well as all levels of year-round employees, including those with families. Housing in general has been transformed to include green building standards. 12 20/20 Implementation: Based on input from the communify during the 20/20 process, town staff with the Vai! Local Housing Authority, developed the following goa/s and action strategies to support the housing vision. Goal: The Town of Vail recognizes the need for housing as infrasfructure that promotes community, reduces transif needs and keeps more employees living in the fown, and will provide for enough deed-restricfed housing for at least 30 percent of the workforce through policies, regulations and publicly inifiated developmenf. Actions✓Strategies: • Research and propose next steps for inclusionary zoning and commercial 1 requiremenfs for more zone districts. strengthening fhe fown's nkage policies, including • Research parking requirements for employee housing and consider reducing requirements for employee housing developments. • Ensure pay-in-lieu funds generate as many workforce housrng units as possible. • Establish protocol for disbursement of dedicated housing fund resources. • Research and secure potential alternative (besides pay-in-lieu) funding sources for employee housing. EAGLE COUNTY HOUSING NEEDS ASSESSMENT, 2007 (see Attachment C) SECTION 8- HOUSING NEEDS AND GAPS Keep Up Needs Housing Demand from Job Growth - According to employment forecasts developed by the Colorado Department of Local Affairs, Eagle County will have a net gain of over 4, 400 jobs in fhe next three years and approximately 10, 300 additional jobs by 2015. Job growih in Eagle County will be the result of expansion by existing employers, new residential development and new commercial/industrial development. Of employers surveyed, 41 percent indicated they plan a net increase in jobs in the next two years. Given employment growth over the seven-year period between 2000 and 2007 of 7, 222 jo6s (9, 032 per year), the estimated increase of 10, 316 jo6s in the eighf years between now and 2015 (1,290 per year) may be slightly over stated. The 4, 776 additional housing units needed to accommodate new jobs by 2015 should, therefore, be viewed as the maximum number likely to be needed solely to support employment growth. 13 Gaps There is a significant gap between the current demand (catch-up) units and the number of units available as of April, 2007. The difference of 3, 398 units between current demand for 4, 446 units and current listings of 1, 048 units represents the magnitude of the gap between what residents and in-commuting employees want for housing and what the free market is providing. The drfference for each AM! category represents the net demand between what residents and in-commuters can atford and the free market price of units. The gap is largest in the 81 to 120 percent AMI range. Since federal and state housing programs only serve households with incomes equal to or less than 80 percent AMI (Low Income Housing Tax Credits and several grant programs have even lower income eligibility standards) addressing the gap in the 81 to 120 percent AMI range will require partnering with private developers and other local solutions that do not rely on funding from outside of Eagle County. Proportionately, households with incomes greater than 140 percent AMl are the best served by the free market, with units available to meet approximately 64 percent of curren# demand. These figures are dynamic; additiona! units will be placed on the market during 2007 that will slightly lower the gap. Wifh 88 percent of the current listings affordable only for h.ouseholds with incomes greater than 140 percent AMI, the change should not significantly impact planning for solutions to address catch-up demand. EAGLE COUNTY HOUSING NEEDS ASSESSMENT, 1999 (see Attachment D) Section 9: Conclusions and Recommendations (in part) • Develop county-wide commercial linkage and inclusionary zoning programs. Requiring employers to provide housing for employees is supported by nearly 70% of fhe county's residents. Well over half supporf requiring that a percenfage of al! new homes be designafed for employee housing. Develop affordable housing fhroughout the county except for seasonal workers, whose housing should be concentrated in Vail. VI. REVIEW CRITERIA 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and These regulations were adopted in April, 2007, and mitigation was intended to provide developers with prescribed employee housing mitigation requirements. As implementation of the requirements has 14 occurred, it appears there is a need to clarify requisite Employee Housing Plan expectations to achieve desired outcomes as well as better define certain aspects contained within the regulations. Staff b�lieves the proposed text amendments clarify the existing regulations and will continue to further the general and specific purposes of Title 12, Zoning Regulations, and Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning_ Staff believes the proposed text amendments are consistent with the Zoning Regulation's general purpose "to promote fhe coordinated and harmonious development of the Town in a manner that wil! conserve and enhance its natural environment and its established character as a resorf and residential community of high quality." Staff believes the proposed text amendments are consistent with the Zoning Regulation's specific purposes: "3. To promote safe and etficient pedestrian and vehicular traffrc circulation and to /essen congestion in the sfreets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistenf with municipal development objectives. 11. To otherwise provide for the growth of an orderly and viable community. " Staff also believes the proposed text amendments are consistent with the purposes of the Employee Housing, Commercial Linkage, and Inclusionary Zoning chapters of the Zoning Regulations that state: "12-13-1: Purpose: The town's economy is largely tourist based and the health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a strong, high quality and consistenfly available work force. To achieve such a work force, the community must work to provide quality living and working conditions. Availability and affordability of housing plays a crifical role in creating quali�y living and working conditions for the communify's work force. The town recognizes a permanent, year round population plays an important role in sustaining a healthy, viable community. Further, the town recognizes its role in conjunction with the private sector in ensuring housing is available." 15 "12-23-1: Purpose and Applicability: The purpose of this chapter is to ensure that new commercial development and redevelopment in the town provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such commercial development and redevelopment." "12-24-1: Purpose and Applicability: The purpose of this chapter is to ensure that new residential development and redevelopment in the town of Vail provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such residential development and redevelopment. " 2. The extent to which the text amendment wouid better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and As Commercial Linkage and Inclusionary Zoning only address a small percentage of net new employees generated by new development and redevelopment it is imperative that each development mi#igate a portion of its own employee housing requirements on-site. Looking into the future there will be no alternatives to providing employee housing within the Town of Vail. As Staff began to analyze the five approved mitigation methods to understand what modifications may be required to "equalize" the value of each of the mitigation methods it became apparent that if the community preferred on-site mitigation this was only going to be achieved by requiring on-site mitigation. Initially Staff looked at small incremental increases to each of the methods in order to create parity. Through analysis it became apparent that ensuring on-site is the preferred mitigation method and on-par with fee-in-lieu or other mitigation methods, dramatic changes would be necessary and would likely still not create the desired on-site mitigation outcome. A copy of this analysis has been attached for reference (Attachment B). In order to ensure on-site mitigation, the draft Ordinance reflects the policy direction of the Housing Authority and the Commission that no less than one-half (1/2) of the required mitigation be provided on-site for new construction and demo-rebuilds. The draft Ordinance also weights the remaining methods of mitigation to further incent on-site employee housing mitigatian. To address developer's concerns about predictability, the proposed amendments provide developers with the most predictable employee housing review process possible. It clearly identifies and requires the community's most valued employee housing mitigation method while allowing relief from the requirement if: 16 It wouid be contrary to the intent and purpose of the applicable zone district; It would be contrary to the goais of the applicable elements of the Vail Comprehensive Plan and the Town's development objectives; or There are unique conditions or circumstances that exist on the site or structure. Codifying this specific on-site requirement creates a clear understanding for developers of the Town's goals and expectations related to employee housing mitigation. This specific requirement is also the most effective and effcient means available to the Town to achieve its stated goal of creating on-site employee housing mitigation units. Based upon Staff's analysis comparing the various available mitigation methods (see Attachment B), it does not appear that "weighting" the various methods can effectively ensure developer will choose to construct on-site units as desired by the Town. Given the assumptions in the analysis, off-site mitigation would need to be weighted by increasing the mitigation rate to more than 100% of the net new employees to effectively incentivise developers to construct on-site units. Such a requirement would be considered illegal, since mitigation can not be required for more than any net new impact. Additionally, a solely incentive based regulation would not provide developers with clear expectations related to employee housing mitigation requirements. To address the Commission's request for flexibility, a finding is proposed to provide a developer relief from the on-site unit mitigation requirement. • That the method of mitigation proposed better achieves the intent of this Chapter than the on-site mitigation method. Current employee housing regulations include two substantial bonuses to developers for constructing on-site EHUs: EHUs are excluded from the calculation of density (i.e. the maximum allowable number of units per acre) EHUs are excluded from the calculation of GRFA (i.e. the maximum allowable floor area) The Commission has requested additional incentives be provided including: building bulk/mass incentives (i.e. increase in building height) reductions in setbacks, increases in site coverage, etc. will conflict with the Town's adopted master plans and the purposes of many zone districts. Staff believes allowing variations to the Town's adopted parking standards for on-site EHUs will create substantial incentives for developers to provide on-site employee housing units. A reduction in the 17 required parking for an on-site EHU is aiso consistent with the recommendations of the Lionshead Redevelopment Master Plan. The following is a list of additional incentive options for consideration; however, Staff does not believe any of these options will have a significant affect upon a developer's decision to construct on-site EHUs. • Waivers of building permit fees related to on-site employee housing units. • Rebate of the Construction Use Tax related to the construction of on-site employee housing units. • Rebate of Planning Fees related to a development project that provides on-site employee housing units. • Waivers of the Recreation Fees related to on-site employee housing units. • Waivers of the Traffic Impact Fees generated by the on-site employee housing units. Staff believes the proposed text amendments would better implement and better achieve the following adopted goals, objectives and policies of the Vail Land Use Plan: "5.1 Additional residential growfh should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforfs, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residenfia/ growth should keep pace with the market place demands for a fuN range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughouf the community." Staff believes the proposed text amendments would better implement and better achieve the following adopted goals, objectives and policies of the Vail Village Master Plan: "Goa/ #2: To foster a strong tourist industry and promote year- around economic health and viability for the village and for the community as a whole." "2.6 Objective: Encourage the development of affordable housing units through the efforts of the private sector. 18 2.6. 9Policy: Employee housing; units may be required as part of any new or redevelopment project requesting density over that allowed by existing zoning. 2.6.2 Policy: Employee housing, shall be developed with appropriate restrictions so as to insure their availability and affordabilify to the local work force. 2.6.3 Policy: The Town of Vail may facilitate in the development of atfordable housing by providing limited assistance. " Staff believes the proposed text amendments would better implement and better achieve the following adopted goals, objectives and policies of the Lionshead Redevelopment Master Plan: "4.1 Housing Recent community surveys and grass-roots planning efforts such as Vail Tomorrow have identified the lack of /oca/s housing as fhe most critica! issue facing the Vail community. 4.8.4 Parking for Employee Housing The unit-to-parking space ratio for employee housing should be reduced to maximize the housing opportunities in west Lionshead. During fhe master plannirig process, the Vail Town Council toured severa! employee housing complexes in Keystone Resort that averaged .25 cars per bed (one parking space per four-bed unit). Most of these complexes at Keystone are removed from the core and depend on a bus transit system to carry employees to and from work. Yet, Keystone property managers have not observed a parking shortage. Likewise, at the Rivers Edge emp/oyee housing project in Avon, a parking ratio of .75 cars per bed has been more than adequate and the parking lot is underutilized. 4.9.3 Policy Based Housing Opportunities The first means of implementing housing goals in Lionshead is through policy based requirements such as the employee generation ordinance currently being pursued by the Vail Town Council. As required by a future ordinance, all development and redevelopment projects, as a prerequisite to project approval, should provide housing for employees generated and to the extent possible this housing should be located in the Lionshead area." Staff believes the proposed text amendments would better implement and better achieve the following adopted goals, objectives and policies of the Vail 20/20 Strategic Plan: 19 "Land Use Goal #4: Provide for enougi� deed-restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. Actions/Strafegies • Update housing regulations to include more zone districts that are required to provide employee housing. • Redevelop Timber Ridge to increase number of employee beds. • Use employee housing fund for buy-downs and ofher programs fhat will increase the number of employees living within the town. • Address the zoning regulations to provide more incentives far developers to build employee housing units." "Housing Goal: The Town of Vail recognizes the need for housing as infrasfructure that promotes community, reduces transit needs and keeps more employees living in the town, and will provide for enough deed-restricted housing for af least 30 percent of the workforce through policies, regulations and publicly initiated development. Acfions/Sfrategies: • Research and propose next steps for strengthening the town's inclusionary zoning and commercial linkage policies, including requirements for more zone districts." Staff believes the proposed text amendments would better implement and better achieve the following adopted goals, objectives and policies of the Eagle County Housing Needs Assessment: "Develop county-wide commercial linkage and inclusionary zoning programs. Requiring employers to provide housing for employees is supported by nearly 70% of the county's residents. Well over half suppart requiring that a percentage of all new homes be designated for employee housing. Develop affordable housing throughout the county except for seasona/ workers, whose housing should be concentrated in Vail. " 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Staff believes the proposed text amendments are a response to the actual implementation of new regulations adopted in April, 2007. These regulations allow developers full discretion to choose which existing employee housing mitigation works best to their advantage. However, the results of these existing regulations are not achieving the Town's 20 stated goals and priorities of creating additional on-site units. A system of incentives, or disincentives, has been created to encourage the construction of more on-site units. This approach further complicates the Commercial Linkage and Inclusionary Zoning regulations and still does not ensure the community will achieve its housing goals. Therefore, the Housing Authority's recommendation that half the employee housing mitigation requirement be provided on-site has been incorporated into the draft Ordinance. Staff believes the proposed text amendments are necessary to more clearly state the community's goal of creating on-site employee housing and are necessary to achieve this goal in a simple and direct manner. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. Employee Housing Units are allowed in 23 of the Town's 26 zone districts. They are only prohibited in Heavy Service (the three existing gas station sites) and two of the open space districts (Natural Area Preservation District and Outdoor Recreation DistriEt). As permitted or conditional uses, the construction of Employee Housing Units in these 23 zone districts is encouraged and is inherently consistent with the Town's development objectives. As described in criteria #1 and #2 above; employee housing requirements in general and employee housing regulations specifically related to on- site units are consistent with the goals and objectives of the Town's Zoning Regulations, Land Use Plan, Vail Village Master Plan, Lionshead Redevelopment Master Plan, 20/20 Strategic Plan, and the Eagle County Housing Needs Assessment. Staff believes the proposed text amendments wi►I continue to facilitate and provide a harmonious, convenient, workable relationship among land use regulations that are consistent with the Town of Vail master plans and development objectives. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. Staff has modified the draft Ordinance since the Commission's last public hearing on February 25, 2008, to reflect input from the Housing Authority, the Commission, and Staff. Z1 VII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval of the text amendments outlined in the attached Draft Ordinance No. 1, Series of 2008. Should the Planning and Environmental Commission choose to recommend approval of this request; Staff recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval of prescrrbed regulation amendments to Chapters 12-13, Employee housing, 12-23, Commercial Linkage and 12- 24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section Vl of Staff's March 10, 2008, memorandum and the evidence and testimony presented, the Planning and Environmenta! Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with tfte development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes fhe coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established characfer as a resort and residential community of the highest quality." VIII. ATTACHMENTS A. Draft Ordinance No. 1, Series of 2008 B. Mitigation Methods Analysis 22 Vail Town Council Attachment: E DRAFT Planning and Environmental Commission Public Hearing Minutes (excerpt) March 10, 2008 3. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. (PEC070075) Applicant: Town of Vail Staff/Planner: Nina Timm and Bill Gibson ACTION: Approve MOTION: Kjesbo SECOND: Kurz VOTE: 4-3-0 (Gunion, Proper, Viele Opposed) CONDITION(S): Bill Gibson made an introduction to Staff's memorandum, the proposed recommendations, and the draft ordinance. Nina Timm, Housing Coordinator, made a detailed presentation based upon Staff's memorandum. She described the d.irection given by the Commission to included "weighted" mitigation me�hods to incent on-site employee housing mitigation. She also described Staff's response to that direction and the recommendation of the Vail Local Housing Authority. Commissioner Gunion asked for clarification whether off-site units must be located within the Town of Vail. Nina Timm responded that all off-site units must be located within the Town of Vail. Commissioner Viele asked for clarification regarding the changes (percentage increase) being proposed for Commercial Linkage mitigation amount. He specifically asked if the change was equal to 2.5 times today's mitigation. He asked for clarification regarding the increases to Inclusionary Zoning mitigation amounts in regards to the proposed "weighted" mitigation methods. Nina Timm and Bill Gibson stated a 15% increase is proposed, over today's standard. They clarified that this equates to a total increase of 150% for fee-in-lieu under inclusionary zoning regulations. Commissioner Tjossem asked for clarification regarding the Commission's discretion regarding site specific housing mitigation plans, inclusive of off-site vs. on-sight mitigation methods that might be brought forward in the future. Nina Timm clarified the Commission would have the discretion to act on a case by case basis and make recommendations to the Town Council. Dominic Mauriello spoke to the proposed regulations. He expressed concerns that the proposed amendments are a"major re-write" of the legislation adopted in 2007 when the amendments were being presented as "minor revisions". He expressed concern regarding the original nexus study and the premise that mitigation rates proposed in the draft regulations were established on specific generation rates supported by the nexus study. He stated the proposed regulation will disproportionately establish a mitigation rate for Inclusionary zoning twice what was originally established by the nexus study. ' He urged the Commission to table the application, so the Town Council can not take action on the request. He encouraged additional public outreach, to allow ample time to further study the proposed revisions. He expressed concern that the pay-in-lieu fee increase is actually 250%; not 150% as reported by Staff. He continued by reiterating his concern regarding the magnitude of change to the required mitigation. He stated support for deed restricting off-site units (existing) within the Town, as a cost-effective alternative to regulating the provision of costly on-site mitigation. He stated that the goal should be "heads in beds", not that all mitigation options should be equally painful to developers. He voiced concern that the proposed weighted mitigation methods would by default require 100% on-site housing. He stated that the regulation language will preclude the Commission from using discretion in evaluating a housing plan against the criteria proposed and that the Staff and Commission should consider including language that excludes not-for-profit employers from the regulations. He presented the Commission with a letter from the Vail Valley Medical Center. Finally, he stated there are no carrots (incentives) and are only sticks. Commissioner Gunion asked Staff to clarify ".11" as an employee generation rate related to residential development and Inclusionary Zoning. Nina Timm clarified. Commissioner Pierce noted the Commission did not agree with the Town Council when Inclusionary Zoning was not based upon the same nexus study as Commercial Linkage. Nina Timm noted that the adopted Inclusionary Zoning requirements were based upon the nexus, plus the secondary impacts of residential development. Jim Lamont, Vail Homeowners Association, asked for clarification on the proposed regulations, Appendix B. He then asked for clarification regarding provisions to allow for variances to the parking standards as an incentive to facilitate the provision of employee housing on-site. Nina Timm explained Staff did revise the language to allow the Commission the discretion to allow variances to parking standards in order to facilitate on-site mitigation 2 Jim Lamont expressed concern regarding the Town's authority to preclude a developer's ability to provide housing mitigation outside the Town, while the Town has the ability to provide housing for its own employees outside of the Town. The Town will then have the ability to deny private industry to the same benefit that the Town enjoys. He believes this is a restraint of trade issue. Staff clarified payment-in-lieu as a mitigation method allows the Town Council, with recommendation from the Housing Authority, to determine where to spend any fees paid. Commissioner Kjesbo questioned Dominic Mauriello's statements regarding the costs to provide on-site housing. Dominic Mauriello reiterated his concern that the regulations, as proposed, were a "stick", not a"carrot". He continued, stating under the proposed regulation, there will be no cost effective means to deviate from providing housing on-site within a given development site. Commissioner Kjesbo noted that the Lionshead Redevelopment Master Plan recommends EHUs be provided on-site. Commissioner Proper stated he believed the Staff did not adhere to the direction given by the Commission to provide a framework for evaluating housing plans according to criteria and instead has fundmentally re-written the existing legislation. Commissioner Tjossem expressed concern the Staff has presented a regulation that will make the process (to evaluate housing mitigation plans) more difficult to administer. She stated that the mitigation methods should be pain-free, not equally painful. Commissioner Proper expressed his concern regarding the effect that the proposed regulation will create. Commissioner Viele stated he believes that the proposed regulation will be challenged in court and that the regulations are fundamentally a growth control mechanisms. He agrees with Mr. Mauriello's statements and suggested that the core issue is growth control via taxation on developers. He stated the issue is not about employee housing, but is rather about a tax deferred subsidy to employees. He continued by stating the more Inclusionary Zoning that is required for a particular development project, the higher the price of free-market housing needed to make up the amount of subsidy provided by the developer. He estimated that the current subsidy (burden) to developers in the Town of Vail is 15% - 20%. He agrees that the proposed regulation is a complete re-write of existing legislation without input form citizens. He expressed his extreme displeasure with the Staff's recommendations. He stated he does not believe Staff has conducted enough due diligence with regard to public outreach, interviewing the development community and analyzing the economic impacts of the proposed regulation. He believes the work presented has been "done 3 in a back room" and that the proposed regulation should be opened up for pubiic review — that the public notice requirements have been inadequate and have failed. Commissioner Tjossem asked if a work session with Town Council will be possible. George Ruther stated a work session is appropriate and that Staff would work to schedule such work session on March 18, 2008. He continued, urging the Commission to take action to forward a recommendation of approval, approval with conditions or denial of the application to the Vail Town Council. He cited Staff's record of appearing before the Commission numerous times to address the Commission's concerns and requests and to put forth revisions addressing those concerns. Commissioner Kurz stated he believes Staff has presented exactly what the Commission had asked for previously. Additionally, this is a community based recommendation. He urged his fellow Commissioners to act on the application, not to table. Commissioner Proper disagreed with Commissioner Kurz, stating he believes that Town Staff has taken it upon themselves to re-write the regulation. Commissioner Viele agreed. Chairman Pierce did acknowledge the public should be involved in such revisions to a"major piece of legislation", however he also expressed comfort with the Commission's charge to act on such applications given adequate public notice and that the Town Council will ultimately decide on the matter, as a community issue. Commissioner Viele stated he agrees that employee housing is a community issue. Commissioner Gunion stated the Inclusionary Zoning regulation should be tied to the nexus study. She expressed concern regarding the proposed mitigation rates in relation to the original nexus study; that the proposed numbers are disproportionate to the mitigation required of new residential developments to "make up for the sins of our fathers". She clarified the proposed regulation (and numbers/facts provided) will not achieve the original goal by the Commission to clarify the criteria for evaluating housing mitigation plans. She further expressed support for allowing developers to provide housing outside the Town of Vail. The focus of any qualitative changes to the regulation should aim to ensure that housing is provided no matter where or how much it costs. Commissioner Kurz expressed concern regarding the convoluted nature of the discussions that have transpired. He reminded the Commission that the developers who have spoken asked for clear expectations and stated "If I know the requirements, I can solve for them." He expressed concern regarding the proposed numbers (mitigation rates) presentecf, yet reiterated his request for the Chairman to call the vote. Commissioner Kjesbo clarified that the Commission did ask for "the numbers" of how mitigation rates would impact a given development. He expressed concern that unless the regulation is written correctly, no on-site housing (mitigation) will occur in 0 the future and the Town wiil be left with a further deficit of employee housing within the Town. He expressed support to further incentivize on-site mitigation methods. Commissioner Viele asked Staff for clarification regarding the Housing Authority's recommendations. Nina Timm clarified the recommendations of the Authority. She stated the Authority's recommendations were to keep all methods of mitigation rates the same, but to require at least half of the requisite mitigation on-site. Chairman Pierce clarified the analysis provided to the Commission by Dominic Mauri�llo, stating that the analysis presented used different factors than are used in the existing Town of Vail nexus study an ordinances; that his analysis was essentially comparing "apples to oranges". Jim Lamont reiterated his concern regarding the proposed incentives to allow discretion (variances) in the number of parking spaces to be provided in new developments. He also expressed concern and asked for clarification regarding the possible reduction in required (minimum) square footage required per employee (bed) from 250 to 350 square feet as it related to the Timber Ridge redevelopment proposal by Lincoln Property Company. Dominic Mauriello suggested that language within the proposed regulation should be revised to clearly state "50% of required mitigation has to be mitigated on site"; "the remaining 50% is (expressly) at the discretion of the developer to provide — either within or outside the Town". Chairman Pierce reiterated the goals of the regulations have been to ensure and encourage housing the Town's workforce within the Town. Nina Timm reminded the Commission that an express goal of the Town is to ensure that 30% of employee housing is provided within the Town of Vail. George Ruther requested the Commission take action to forward a recommendation for approval, approval with conditions, or denial of the application to the Vail Town Council. He offered to schedule a work session between the Planning and Environmental Commission and the Council on March 18, 2008. Commissioner Proper stated he feels the existing legislation is relatively untested and that changing the regulations is pre-mature. He feels the proposed 50% requirement for on-site units is unjustified. Commissioner Kurz asked for clarification from Staff regarding establishing a 50% goal or mitigation rate. Nina Timm reported that Staff had discussed the proposed figure (50%) and did certain feasibility analyses, applying a 50% mitigation rate to existing projects such as ArrabelEe to "test" the figure. She reiterated the Housing Authority had reviewed the proposed regulation and had rendered recommendations. � Commissioner Proper questioned Staff further regarding the actual source of Staff's recommended figure of 50%. Dominic Mauriello stated that he did his own investigation, speaking to the same developers, employers and or employees that Staff interviewed. He disagrees with Staff's estimates on the number of employees to be generated by a given employer. He feels that Staff's proposed numbers (employee generation rates) are not accurate. Chairman Pierce called for the Commission to vote on the appfication as presented. Commissioner Kjesbo made a motion to approve the regulation, with the following changes that at least half the mitigation be met with on-site units with discretion given to developer to use any of the methods for the remainder. Commissioner Kurz seconded the motion and asked for clarification regarding the motion to revise the existing regulation to require 50% of the required mitigation on- site, and to allow 50% of the required mitigation to be provided off-site. Specifically, he asked if Commissioner Kjesbo intended to limit the 50% off-site mitigation to those areas within the Town boundaries. Commissioner Kjesbo affirmed that any off-site mitigation should be provided within the Town's boundaries. George Ruther reviewed the changes proposed by the Commission and clarified, from Staff's perspective that the only proposed amendment to the existing regulations was to further regulate that 50% of any required mitigation be provided on site; that no criteria (as previously asked for by the Commission) are being proposed or acted upon at this time. Commissioner Proper stated that the motion was ridiculous. Commissioner Viele stated that the motion was arbitrary and presupposes the Town's knowledge. The proposal is onerous and unacceptable. Bill Gibson asked the Commission for clarification regarding proposed revisions made: on Page 47, Commercial Linkage — strikeout language regarding the weighted methods of mitigation. The examples will be modified to reflect the proposed changes. ' He also confirmed that the Commission supported the remaining ".clean-up" amendments to the Town Code, Dominic Mauriello suggested changes to square footage requirements for Type III EHUs. Bill Gibson clarified that no changes were necessary for Type III EHUs, since new Type VII EHUs were being created to explicitly address Inclusionary Zoning and Commercial Linkage. 0 Commissioner Viele stated that the record should show that the reason any modification was made was due to the fact that the Commission found the proposal to be unacceptable; amendments to ensure that 50% of mitigation was provided on- site were included in the motion as a compromise to keep the regulation (review) moving forward. 7 TO: FROM DATE: MEMORAf�DUM Planning and Environmental Commission Community Development Department March 10, 2008 �IP�� w/,��` SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters 12-23, Commercial Linkage and 12- 24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. (PEC070075) Applicant: Town of Vail, represented by Nina Timm, Housing Coordinator Planner: Bill Gibson �� fl] SUMMARY The Applicant, Town of Vail, is requesting a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters 12-13, Employee Housing, 12- 23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements. In addition to amendments to the Chapters listed above there will be amendments to all the established zone districts which contain employee housing units as a permitted or conditional use. The Applicant has submitted the application in response to a request from the Planning and Environmental Commission to clarify certain portions of the adopted regulations. Staff is recommending that the Planning and Environmental Commission forwards a recommendation of approval of the proposed amendments to Chapters 12-13, Employee Housing, 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, based upon the criteria found in Section VI of this memorandum. DESCRIPTION OF REQUEST The Applicant, Town of Vail, is requesting a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters 12-13, Employee Housing, 12- 23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements. In addition to amendments to the Chapters listed above there will be amendments to Articles 12-6A, Hillside Residential District; 12-6B, Single- Family Residential District; 12-6C, Two-family Residential District; 12-6D, Two- Family Primary/Secondary Residential District; 12-6E, Residential Cluster District; 12-6F, Low Density Multiple-Family District; 12-6G, Medium Density Multiple-Family District; 12-6H, High Density Multiple-Family District; 12-61, 1 Housing District; 12-7A, Public Accommodation District; 12-7B, Commercial Core 1 District; 12-7D, Commercial Core 3 District; 12-7E, Commercial Service Center; 12-7F, Arterial Business District; 12-7H, Lionshead Mixed Use 1 District; 12-71, LioFlShead Mixed Use 2; District; 12-7J, Public Accommodation 2 District; 12-8A, Agricultural and Open Space District; 12-8D, Ski Base/Recreation District; 12-8E, Ski Base/Recreation 2 District; 12-9B, Parking District; 12-9C, General Use; to incorporate changes to the employee housing types listed as permitted or conditional uses within each district and facilitate the implementation of these regulations. The Applicant is requesting approval of the Housing Authority's recommendation that no less than one-half ('/2) the mitigation of employee housing be required on- site for all new construction and demo/rebuild projects based. This recommendation is based upon the following factors: • The scarcity of developable land resources; • The financial, political, and practical difficulties associated with the construction of any free standing employee housing development; • The need for additional workforce housing to ensure the long term sustainability of Vail's economy; • An opportunity to improve the Town's sense of community; • On-site units create "live-work" opportunities; • On-site units create less demand on, and impact to, the Town's infrastructure; • The Town of Vail has an opportunity to become a leader in addressing employee housing within Eagle County; and, • 70% of the community's workforce housing needs created by future development are not addressed by these regulations; In a straw poll, the Commission preferred this recommendation over Staff's previous proposal that new and demo/rebuild projects provide all their required mitigation on-site. The Applicant is requesting approval of the Commission's recommendation to weight the methods of mitigation to further incent on-site employee housing mitigation. Staff proposes the following rates apply to any mitigation remainder for new construction and demo-rebuild projects, and that these rates apply to all other development projects that have employee housing requirements. For projects subject to Commercial Linkage requirements: 1. On-Site Units: 20% of the emp/oyees generated. 2. Conveyance of Property On-Site: 20% of the employees generated. 3. Off-Site Units: 100% of the employees generated. 4. Payments of Fee in Lieu: 25% of the employees generated. � 5. Conveyance of Property Off-Site: 20% of the employees generated. For projects subject to Inclusionary Zoning requirements: 1. On-Site Units: 10% of the net new GRFA. 2. Conveyance of Property On-Sife: 10% of the net new GRFA. 3. Off-Site Units: 50% of the net new GRFA. 4. Payments of Fee in Lieu: 25% of the net new GRFA. 5. Conveyance of Property Off-Site: 10% of the net new GRFA. The Applicant is also requesting approval of the Commission's recommendation to include additional incentives for on-site employee housing mitigation. Staff has incorporated language into Sections 12-23-3 and 12-24-3 found in the draft Ordinance that will allow the governing bodies (Council, Commission, or Staffl the discretion to reduce the parking requirements for on-site EHUs. The proposed language is similar to that which grants the Commission authority to reduce the parking requirement for EHUs in the Housing District. The governing body may approve a parking management plan and a reduction in the required parking based upon the following considerations: a. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. b. A limitation placed in the deed restrictions limiting the number of cars for each unit. c. A demonstrated permanent program including, but not limited to, rideshare programs, car-share programs, shuttle service, or staggered work shifts. Additionally, the Applicant is requesting approval of the Commission's recommendation to ensure flexibility should a developer proposal better achieves the intent and purpose of the Employee Housing chapter and the Methods of Mitigation section than the on-site unit method. The Applicant and the Vail Local Housing Authority also requesting approval of the following additions and/or changes to Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning. Establishing that any required mitigation of less than 1.25 employees or any remaining unit floor area of less than 438 sq. ft. may always be provided through the fee-in-lieu mitigation method; 3 • Establishing that projects resulting in a total mitigation requirement of less than 1.25 employees or less than one whole unit will be reviewed administratively; • Establishing policies to address potential requests to modify an approved Employee Housing Plan; • Creating a new EHU "type" category in the Town Code for any unit used to mitigate a commercial linkage or inclusionary zoning requirement. This is necessary to distinguish these mitigation units from the other six types of EHUs already allowed within the Town of Vail; • Clarifying that the intent of Table 23-2, Size of Employee Housing Units, for Commercial Linkage was that a three bedroom unit and any unit with more than three bedrooms mitigate at the same rate of 3.5 employees; • Clarifying the Mitigation Banking regulations; • Allowing mitigation types of EHUs as permitted uses in the applicable zone districts, rather than conditional uses. Staff has identified the proposed changes to be made in the attached draft Ordinance (Attachment A). Text that is to be deleted is in c�riLo�hr�� nh text that is to be added is in bold, and sections of text that are not to be amended may be omitted. III. BACKGRQUND • There is a substantial, direct, and rational connection between the need for housing of employees generated by new development and redevelopment and the requirements for the provision of employee housing, as documented in the report entitled, "Town of Vail Nexus/Proportionality Analysis for Emplovee Housinc� Mitiqation Proqrams." • It is the Town Council's goal to provide housing for at least thirty percent (30%) of the net new employees generated from residential and commercial development in the Town of Vail through the conjunctive efforts of Commercial Linkage and Inclusionary Zoning. • On April 3, 2007, the Vail Town Council adopted Ordinances Nos. 7 and 8, establishing Chapter 23, Commercial Linkage and Chapter 24, Inclusionary Zoning of the Vail Town Code for the purpose of requiring new development and redevelopment to provide a reasonable and appropriate percentage of new employee housing which has a nexus to new job generation. • At its December 11, 2007, public hearing, the Planning and Environmental Commission requested Staff bring forward recommendations for amendments to Chapters 12-23, Commercial Linkage, and 12-24, Inclusionary Zoning, to better define the Commission's role in reviewing Employee Housing Plans and to clarify the priority of the five approved mitigation methods. • The Vail Local Housing Authority discussed the Commission's request at their December 12, 2007, meeting. The Authority determined that the on-site mitigation method is the highest priority and forwarded a recommendation 0 that half the required employee housing mitigation be required on-site for new construction and demo/rebuild projects. • The Commission discussed this recommendation and numerous other issues related to employee housing at its January 14, 2008, public hearing. At the Town Council's January 22, 2008, Council Member retreat and again at its subsequent public hearings, the Town Council indicated that providing on-site units is the most desirable employee housing mitigation method and fee-in-lieu is the least desirable method, except when necessary to address partial requirements. At the �ebruary 11, 2008, Planning and Environmental Commission public hearing the Commission requested Staff forward recommendations for amendments to Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning to achieve the following: • Prioritization of the five approved mitigation methods based on value to the community; • Flexibility and/or incentives for better mitigation options rather than a requirement for all on-site mitigation; and • A predictable review process. • At the February 14, 2008, special meeting of the Vail Local Housing Authority the Authority again discussed establishing a priority order for the allowed employee housing mitigation methods. At the meeting, the Authority reconfirmed its recommendation: At least half of requisite employee housing mitigation must be provided on-site for all new development and demo-rebuild projects where Commercial Linkage and Inclusionary Zoning apply. Without this requirement the Authority does not believe that on-site unit mitigation will be pursued by developers. Much of the discussion regarding the available mitigation options has centered on calculation formulas, financial parity, who would manage the development of housing projects, and the like. However, if these arguments are set aside and the question is asked "what scenario is in the best interest of the community from a long-term planning standpoint", it becomes clear that on-site employee housing will provide: • The most certain delivery of employee housing; The greatest reduction in vehicular traffic (and associated noise and pollution) by employees; • The greatest reduction in public parking needs by employees; 5 • Reduce the loading of employee volume on our public transportation systems; • Best retain employee spending in town of Vail service businesses; and • Most effectively create the energy of a vibrant, lived-in community in our resort core and commercial areas. Additionally, the Authority recommends: The remaining requisite mitigation should be provided via any of the five allowed employee housing mitigation methods, or a combination thereof, at the developer's discretion. This recommendation is based on the Authority's belief that today all five mitigation methods provide value to the community. The Housing Authority supports adding three of the Staff recommended criteria to allow for relief from the on-site requirement. The Authority does not recommend adopting language that allows a developer to provide a creative or "superior" employee housing mitigation plan that could no longer require at least half of the requisite employee housing mitigation be provided on-site. The Housing Authority is also committed to annually reviewing the priority of the five employee housing mitigation methods and offering their recommendation to the Vail Town Council. This review is anticipated in March of each year to coincide with the annual review of the fee-in-lieu rates. At the February 25, 2008, Planning and Environmental Commission public hearing the Commission recommended: All mitigation methods should be available at the developer's discretion, but the methods of mitigation should be weighted to incent on-site employee housing mitigation. Additional incentives should be given to developers to construct on- site employee housing units. Ensure flexibility should a developer proposal better achieve the intent and purpose of the Employee Housing chapter and the Methods of Mitigation section than the on-site unit method. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application. :� V. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Vail Local Housing Authority: The Vail Local Housing Authority is responsible for forwarding a recommendation to the Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. APPLICABLE DOCUMENTS Staff believes the following documents are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS Chapter 12-1, Title, Purpose and Applicability (in part) Section 12-1-2: Purpose A. Genera/: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious developmenf of the Town in a manner that will conserve and enhance iis natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular fraffic circulation and to /essen congestion in the streets. 7 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Chapter 12-3: Administration and Enforcement: (in part) 12-3-7: AMENDMENT.� C. Criteria and Findings: 2. Prescribed Regulations Amendment: a. Factors, Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goa/s, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendmenf provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and : 5. Such other factors and criteria the commission and/or council deem applicable to the proposed text amendment. Chapter 13: Employee Housing: (in part) 12-13-1: Purpose: The town's economy is largely tourist based and ihe healfh of this economy is premised on exemplary service for Vail `s guests. Vail's ability to pravide such service is dependent upon a strong, high quality and consistently available work force. To achieve such a work force, the community must work to provide quality living and working conditions. AvailabiJity and affordabilify of housing plays a critical role in creating quality living and working conditions for the community's work force. The town recognizes a permanent, year round population plays an important role in susfaining a healthy, viable community. Further, the town recognizes its role in conjunction with the private sector in ensuring housing is available. Chapter 23: Commercial Linkage: (in part) 12-23-1: Purpose and Applicabilify: A. The purpose of this chapter is to ensure fhat new commercial development and redevelopment in the #own provide for a reasonab/e amount of employee housing to mitigate the impacf on employee housing caused by such commercial development and redevelopment. Chapter 24: Inclusionary Zoning: (in part) 12-24-1: Purpose and Applicability: A. The purpose of this chapter is fo ensure that new residential development and redevelopment in fhe town of Vail provide for a reasonable amount of employee housing to mifigate the impact on employee housing caused by such residential development and redevelopment. TOWN OF VAIL LAND USE PLAN Chapter II: Land Use Goals/Policies (in part) 5. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.2 Quality time share units should be accommodated to help keep occupancy rates up. 5.3 Affordable employee housing should be made available through private efforts, assisfed by limited incentives, provided by the Town of Vail, with appropriate restrictions. � 5.4 Residential growth shou/d keep pace with the market p/ace demands for a full range of housing types. 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. VAIL VILLAGE MASTER PLAN Chapter V: Goals, Objectives, Policies and Action Steps (in part) Goal #2: To foster a strong tourist industry and promote year-around economic health and viability for the village and for the community as a whole. 2, 6 Objecfive: Encourage the development of affordable housing units through the efforts of fhe privafe sector. 2.6.1 Policy: Employee housing; units may be required as part of any new or redevelopment project requesting density over that allowed by existing zoning. 2.6.2 Policy: Employee housing, shall be developed with appropriate restrictions so as to insure their availability and affordability to fhe /oca/ work force. 2.6.3 Policy: The Town of Vail may facilitafe in the development of affordable housing by providing limited assisfance. � LIONSHEAD REDEVLOPMENT MASTER PLAN Chapter 4: Master Plan Recommendation — Overall Study Area 4.8 Parking 4.8.4 Parking for Employee Housing The unit-to-parking space ratio for employee housing should be reduced to maximize the housing opportunities in west Lionshead. During the master planning process, the Vail Town Council toured severa/ employee housing complexes in Keystone Resort that averaged .25 cars per bed (one parking space per four-bed unit). Most of these complexes at Keystone are removed from the core and depend on a bus transit system to carry employees to and from work. Yet, Keysfone property managers have not observed a parking shortage. Likewise, at the Rivers Edge employee housing project in Avon, a parking ratio of .75 cars per bed has been more than adequate and the parking lot is underutilized. 10 4.9 Housing Receni community surveys and grass-roofs planning efforts such as Vail Tomorrow have identified the lack of /ocals housing as fhe most critical issue facing the Vail community. Early in the Lionshead master planning process, west Lionshead was identified as an opportunity area to implement some of the community's housing goals, particularly relating to employee housing. These opportunities and associated issues are outlined below. 4.9. 9 No Net Loss of Employee Housing Ground rule number five of the master plan states that there shal! be no net /oss of employee housing in Lionshead as redevelopment occurs. Visual Issues 4.9.2 The financial realities of affordable housing often require cost reducing measures, generally involving the quality of detailing, planning, and architectural design. Given the strong desire to make these housing projects feasible, it is recommended that some latitude be granted to affordable housing developers. However, it is also important that financial realities not be used as an excuse to produce unsightly, poorly designed, substandard products. Employee housing does not need to match the architectural sophistication of a five star resort development, but it does need to be good quality construction and design. Rivers Edge in Avon is a good example of an attractive yet affordable employee housing project. 4.9.3 Policy Based Housing Opportunities The first means of implementing housing goals in Lionshead is through policy based requirements such as the employee generation ordinance currently being pursued by the Vail Town Council. As required by a future ordinance, all development and redevelopment projects, as a prerequisite to project approval, should provide housing for emp/oyees generated and to the e�ctent possible this housing should be located in the Lionshead area. VAIL 20/20 STRATEGIC PLAN Executive Summary (in part) Housinq: The high cost of housing and a lack of developable land continue to challenge the community in providing adequate workforce housing. Opportunities exist to increase the amounf of emp/oyee housing through redevelopment of existing housing, the purchase of deed-restricted units and through developer requirements. During 20/20, participants placed workforce housing as a top priority for the community and government leaders to address. Community Values (in part) Diversity: Vail values maintaining a diverse population of residents, workers and visitors, with a broad representation of age, family composition, ethnic background and economic means. 11 Land Use and Development (in part) 20/20 Vision: The pedestrian ambiance and sca/e of Vail Village and Lionshead continues into 2020, where the European alpine charm of Vail is replicated in its new development. The unique character of Vail is evident from the Tyrolean building style that speaks of Vail's history, to the mountain contemporary style that heralds technological advancement. The vibrant mixed-use pedestrian core areas of Vail aftract guests, residents and businesses. The diversity of businesses within the core areas provides something for everyone and the new affordable housing options are seamlessly integrated into the community's fabric. Growth has been carefully managed to be sustainable and complementary to the natural environment. 20/20 Implementation: Based on input from the community during the 20/20 process, town staff developed the following goals and action strategies to support the land use and development vision. The goals a/so reflect the common themes heard from the community during the 20/20 process, including a need for more employee housing, increased environmental sustainability, reduction of 1-70 impacts and managed growth Goal #4: Provide for enough deed-restricted housing for at leasi 30 percent of the workforce through policies, regulations and publicly initiated development. Actions/Strategies • Update housing regulations to include more zone districts that are required to provide emp/oyee housing. • Redevelop Timber Ridge to increase number of employee beds. • Use employee housing fund for buy-downs and ofher programs that will increase the numbe� of employees living within the town. • Address the zoning regulations to provide more incentives for deve/opers to build employee housing units. Housing (in part) 20/20 Vision: The number of employees living within the town has steadily increased, thanks to the town's commitment to ensure affordability and availability of housing. The number of deed-resfricted rental and for- sa/e units required of both private and public projects ha5 increased. The diversity of deed-restricted units can accommodate the seasonal worker, as well as all levels of year-round employees, including those with families. Housing in general has been transformed to include green building standards. 12 20/20 Implementation: Based on input from the community during the 20/20 process, town staff with the Vail Local Housing Authority, developed the following goals and action strategies to support the housing vision. Goa/: The Town of Vail recognizes the need for housing as infrasfruEture ihat promotes community, reduces transit needs and keeps more employees living in the town, and will provide for enough deed-restricted housing for at least 30 percenf of the workforce through policies, regulations and publicly initiafed development. Actions/Strategies: • Research and propose next steps for strengthening the town's inclusionary zoning and commercial linkage policies, including requirements for more zone districts. • Research parking requirements for employee housing and consider reducing requirements for employee housing developments. • Ensure pay-in-lieu funds generate as many workforce housing units as possible. • Establish protocol for disbursement of dedicated housing fund resources. • Research and secure potential alternative (besides pay-in-lieu) funding sources for employee housing. EAGLE COUNTY HOUSING NEEDS ASSESSMENT, 2007 (see Attachment C) SECTION 8- HOUSING NEEDS AND GAPS Keep Up Needs Housing Demand from Job Growth - According to employment forecasts developed by the Colorado Department of Local Affairs, Eagle County will have a net gain of over 4, 400 jobs in the next three years and approximately 10,300 additional jobs by 2015. Job growth in Eagle County will be the result of expansion by existing employe�s, new residential development and new commercial�ndustrial development. Of employers surveyed, 41 percent indicated they plan a net increase in jobs in the next two years. Given employment growth over the seven-year period between 2000 and 2007 of 7, 222 jobs (1, 032 per year), the estimated increase of 10, 316 jobs in the eight years between now and 2015 (1,290 per year) may be slightly over stated. The 4, 776 additional housing units needed to accommodate new jobs by 2015 should, therefore, be viewed as the maximum number likely fo be needed solely to support employment growth. 13 Gaps There is a signifrcant gap between the current demand (catch-up) units and the number of units available as of April, 2007. The difference of 3, 398 units between current demand for 4, 446 units and current listings of 1,048 units represents the magnitude of the gap between what residents and in-commuting employees want for housing and what the free market is providing. The difference for each AMI category represents the net demand between what residents and in-commuters can affard and the free market price of units. The gap is largest in the 81 to 120 percent AMI range. Since federal and state housing programs only serve households with incomes equal to or less than 80 percent AMI (Low Income Housing Tax Credits and several grant programs have even lower income eligibility standards) addressing the gap in the 81 to 120 percent AMl range will require partnering with private developers and other local solutions that do not rely on funding from outside of Eagle County. Proportionately, households with incomes greater than 140 percent AMl are the best served by the free market, with units available to meet approximately 64 percent of current demand. These figures are dynamic; additional units will be placed on the market during 2007 that will slightly lower the gap. With 88 percent of the current listings affordab/e only for households with incomes greater than 140 percent AMI, the change should not significantly impact planning for solutions to address catch-up demand. EAGLE COUNTY HOUSING NEEDS ASSESSMENT, 1999 (see Attachment D) Section 9: Conclusions and Recommendations (in part) • Develop county-wide commercial linkage and inclusionary zoning programs. Requiring employers to provide housing for employees is supported by nearly 70% of the county's residents. Well over half support requiring that a percentaqe of all new homes be designated for emp/oyee housing. • Develop affordable housing throughout the county except for seasona/ workers, whose housing should be concentrated in Vail. VI. REVIEW CRITERIA 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and These regulations were adopted in April, 2007, and mitigation was intended to provide developers with prescribed employee housing mitigation requirements. As implementation of the requirements has 14 occurred, it appears there is a need to clarify requisite Employee Housing Plan expectations to achieve desired outcomes as well as better define certain aspects contained within the regulations. Staff believes the proposed text amendments clarify the existing regulations and will continue to further the general and specific purposes of Title 12, Zoning Regulations, and Chapters 12-23, Commercial Linkage and 12-24, �nclusionary Zoning. Staff believes the proposed text amendments are consistent with the Zoning Regulation's general purpose "to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. " Staff believes the proposed text amendments are consistent with the Zoning Regulation's specific purposes: "3. To promote safe and efficient pedesfrian and vehicular traffic circulation and to /essen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 11. To otherwise provide for the growth of an orderly and viable communify." Staff also believes the proposed text amendments are consistent with the purposes of the Employee Housing, Commercial Linkage, and Inclusionary Zoning chapters of the Zoning Regulations that state: "12-13-1: Purpose: The town's economy is largely tourist based and the health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a strong, high quality and consistently available work force. To achieve such a work force, the community must work to provide quality living and working conditions. Availability and affordability of housing plays a critical role in creating quality living and working conditions for the community's work force. The town recognizes a permanent, year round population plays an important role in sustaining a healthy, viable community. Further, the town recognizes its role in conjunction with the private sector in ensuring housing is available." 15 "12-23-1: Purpose and Applicability: The purpose of this chapter is to ensure that new commercial development and redevelopment in the town provide for a reasonab/e amount of employee housing to mitigate the impact on employee housing caused by such commercial development and redevelopment." "12-24-1: Purpose and Applicability: The purpose of this chapter is to ensure that new residential development and redevelopment in the town of Vail provide for a reasonab/e amount of employee housing to mitigate the impact on employee housing caused by such residential development and redevelopment. " 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and As Commercial Linkage and Inclusionary Zoning only address a small percentage of net new employees generated by new development and redevelopment it is imperative that each development mitigate a portion of its own employee housing requirements on-site. Looking into the future there will be no alternatives to providing employee housing within the Town of Vail. As Staff began to analyze the five approved mitigation methods to understand what modifications may be required to "equalize" the value of each of the mitigation methods it became apparent that if the community preferred on-site mitigation this was only going to be achieved by requiring on-site mitigation. Initially Staff looked at small incremental increases to each of the methods in order to create parity. Through analysis it became apparent that ensuring on-site is the preferred mitigation method and on-par with fee-in-lieu or other mitigation methods, dramatic changes would be necessary and would likely still not create the desired on-site mitigation outcome. A copy of this analysis has been attached for reference (Attachment B). In order to ensure on-site mitigation, the draft Ordinance reflects the policy direction of the Housing Authority and the Commission that no less than one-half (1/2) of the required mitigation be provided on-site for new construction and demo-rebuilds. The draft Ordinance also weights the remaining methods of mitigation to further incent on-site employee housing mitigation. To address developer's concerns about predictability, the proposed amendments provide developers with the most predictable employee housing review process possible. It clearly identifies and requires the community's most valued employee housing mitigation method while allowing relief from the requirement if: 16 It would be contrary to the intent and purpose of the applicable zone district; It would be contrary to the goals of the applicable elements of the Vail Comprehensive Plan and the Town's development objectives; or There are unique conditions or circumstances that exist on the site or structure. Codifying this specific on-site requirement creates a clear understanding for developers of the Town's goals and expectations related to employee housing mitigation. This specific requirement is also the most effective and efficient means available to the Town to achieve its stated goal of creating on-site employee housing mitigation units. Based upon Staff's analysis comparing the various available mitigation methods (see Attachment B), it does not appear that "weighting" the various methods can effectively ensure developer will choose to construct on-site units as desired by the Town. Given the assumptions in the analysis, off-site mitigation would need to be weighted by increasing the mitigation rate to more than 100% of the net new employees to effectively incentivise developers to construct on-site units. Such a requirement would be considered illegal, since mitigation can not be required for more than any net new impact. Additionally, a solely incentive based regulation would not provide developers with clear expectations related to employee housing mitigation requirements. To address the Commission's request for flexibility, a finding is proposed to provide a developer relief from the on-site unit mitigation requirement. • That the method of mitigation proposed better achieves the intent of this Chapter than the on-site mitigation method. Current employee housing regulations include two substantial bonuses to developers for constructing on-site EHUs: EHUs are excluded from the calculation of density (i.e. the maximum allowable number of units per acre) EHUs are excluded from the calculation of GRFA (i.e. the maximum allowable floor area) The Commission has requested additional incentives be provided including: building bulk/mass incentives (i.e. increase in building height) reductions in setbacks, increases in site coverage, etc. will conflict with the Town's adopted master plans and the purposes of many zone districts. Staff believes allowing variations to the Town's adopted parking standards for on-site EHUs will create substantial incentives for developers to provide on-site employee housing units. A reduction in the 17 required parking for an on-site EHU is also consistent with the recommendations of the Lionshead Redevelopment Master Plan. The following is a list of additional incentive options for consideration; however, StafF does not believe any of these options will have a significant affect upon a developer's decision to construct on-site EHUs. • Waivers of building permit fees related to on-site employee housing units. • Rebate of the Construction Use Tax related to the construction of on-site employee housing units. • Rebate of Planning Fees related to a development project that provides on-site employee housing units. • Waivers of the Recreation Fees related to on-site employee housing units. • Waivers of the Traffic Impact Fees generated by the on-site employee housing units. Staff believes the proposed text amendments would better implement and better achieve the following adopted goals, objectives and policies of the Vail Land Use Plan: "5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 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. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 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." Staff believes the proposed text amendments would better implement and better achieve the following adopted goals, objectives and policies of the Vail Village Master Plan: "Goa/ #2: To foster a strong tourist industry and promote year- around economic health and viability for the village and for the community as a whole." "2.6 Objective: Encourage the development of affordable housing units through the efforts of the private sector. 18 2. 6.1 Policy: Employee housing; units may be required as part of any new or redevelopment project requesting density over that allowed by existing zoning. 2. 6.2 Policy: Employee housing, shall be developed with appropriate restrictions so as to insure their availability and affordability to the local work force. 2.6.3 Policy: The Town of Vail may facilitate in the development of affordable housing by providing limited assistance." Staff believes the proposed text amendments would better implement and better achieve the following adopted goals, objectives and policies of the Lionshead Redevelopment Master Plan: "4.1 Housing Recent community surveys and grass-roots planning efforts such as Vail Tomorrow have identified the lack of locals housing as the most critical issue facing the Vail community. 4.8.4 Parking for Employee Housing The unit-to-parking space ratio for employee housing should be reduced to maximize the housing opportunities in west Lionshead. During the master planning process, the Vail Town Council toured several employee housing complexes in Keystone Resort that averaged .25 cars per bed (one parking space per four-bed unit). Most of these complexes af Keystone are removed from the core and depend on a bus transit system to carry employees to and from work. Yef, Keystone property managers have not observed a parking shortage. Likewise, at the Rivers Edge employee housing project in Avon, a parking ratio of .75 cars per bed has been more than adequate and the parking lot is underutilized. 4.9.3 Policy Based Housing Opportunities The first means of implementing housing goals in Lionshead is through policy based requirements such as the employee generation ordinance currently being pursued by the Vail Town Council. As required by a future ordinance, all development and redevelopment projects, as a prerequisite to project approval, should provide housing for employees generated and to the extent possible this housing should be located in the Lionshead area. " Staff believes the proposed text amendments would better implement and better achieve the following adopted goals, objectives and policies of the Vail 20/20 Strategic Plan: 19 "Land Use Goa! #4: Provide for enough deed-restricted housing for at least 30 percent of the workforce fhrough policies, regulations and publicly initiated development. Actions/Strategies • Update housing regulations to include more zone districts that are required to provide employee housing. • Redevelop Timber Ridge to increase number of employee beds. • Use employee housing fund for buy-downs and other programs that will increase the number of employees living within the town. • Address the zoning regulations to provide more incentives for developers to build employee housing units. " "Housing Goal: The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transif needs and keeps more employees living in the town, and will provide for enough deed-restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. Acfions/Strategies: • Research and propose next steps for strengthening the town's inclusionary zoning and commercial linkage policies, including requirements for more zone districts." Staff believes the proposed text amendments would better implement and better achieve the following adopted goals, objectives and policies of the Eagle County Housing Needs Assessment: "Develop county-wide commercia! linkage and inclusionary zoning programs. Requiring employers to provide housing for employees is supporfed by nearly 70% of fhe counfy's residents. Well over half support requiring that a percentage of all new homes be designated for employee housing. Develop affordable housing throughout the county except for seasonal workers, whose housing should be concenfrated in Vail." 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Staff believes the proposed text amendments are a response to the actual implementation of new regulations adopted in April, 2007. These regulations allow developers full discretion to choose which existing employee housing mitigation works best to their advantage. However, the results of these existing regulations are not achieving the Town's 20 stated goals and priorities of creating additional on-site units. A system of incentives, or disincentives, has been created to encourage the construction of more on-site units. This approach further complicates the Commercial Linkage and Inclusionary Zoning regulations and still does not ensure the community will achieve its housing goals. Therefore, the Housing Authority's recommendation that half the employee housing mitigation requirement be provided on-site has been incorporated into the draft Ordinance. Staff believes the proposed text amendments are necessary to more clearly state the community's goal of creating on-site employee housing and are necessary to achieve this goal in a simple and direct manner. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. Employee Housing Units are allowed in 23 of the Town's 26 zone districts. They are only prohibited in Heavy Service (the three existing gas station sites) and two of the open space districts (Natural Area Preservation District and Outdoor Recreation District). As permitted or conditional uses, the construction of Employee Housing Units in these 23 zone districts is encouraged and is inherently consistent with the Town's development objectives. As described in criteria #1 and #2 above; employee housing requirements in general and employee housing regulations specifically related to on- site units are consistent with the goals and objectives of the Town's Zoning Regulations, Land Use Plan, Vail Village Master Plan, Lionshead Redevelopment Master Plan, 20/20 Strategic Plan, and the Eagle County Housing Needs Assessment. Staff believes the proposed text amendments will continue to facilitate and provide a harmonious, convenient, workable relationship among land use regulations that are consistent with the Town of Vail master plans and development objectives. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. Staff has modified the draft Ordinance since the Commission's last public hearing on February 25, 2008, to reflect input from the Housing Authority, the Commission, and Staff. 21 VII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval of the text amendments outlined in the attached Draft Ordinance No. 1, Series of 2008. Should the Planning and Environmental Commission choose to recommend approval of this request; Staff recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval of prescribed regulation amendments to Chapters 12-13, Employee housing, 12-23, Commercial Linkage and 12- 24, lnclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section VI of Staff's March 10, 2008, memorandum and the evidence and testimony presented, tMe Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goa/s, objectives and policies outlined in the Vail Comprehensive Plan and is corr�patible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes 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." VIII. ATTACHMENTS A. Draft Ordinance No. 1, Series of 2008 B. Mitigation Methods Analysis 22 Attachment A DRAFT ORDINANCE NO. 1 SERIES 2008 AN ORDINANCE AMENDING ARTICLES 12-6A, HILLSIDE RESIDENTIAL DISTRICT; 12-6B, SINGLE-FAMILY RESIDENTIAL DISTRICT; 12-6C, TVVO-FAMILY RESIDENTIAL DISTRICT; 12-6D, TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL DISTRICT; 12- 6E, RESIDENTIAL CLUSTER DISTRICT; 12-6F, LOW DENSITY MULTIPLE-FAMILY DISTRICT; 12-6G, MEDIUM DENSITY MULTIPLE- FAMILY DISTRICT; 12-6H, HIGH DENSITY MULTIPLE-FAMILY DISTRICT; 12-61, HOUSING DISTRICT; 12-7A, PUBLIC ACCOMMODATION DISTRICT; 12-7B, COMMERCIAL CORE 1 DISTRICT; 12-7C, COMMERCIAL CORE 2 DISTRICT; 12-7D, COMMERCIAL CORE 3 DISTRICT; 12-7E, COMMERCIAL SERVICE CENTER; 12-7F, ARTERIAL BUSINESS DISTRICT; 12-7H, LIONSHEAD MIXED USE 1 DISTRICT; LIONSHEAD MIXED USE 2 DISTRICT; 12-7J, PUBLIC ACCOMMODATION 2 DISTRICT; 12-8A, AGRICULTURAL AND OPEN SPACE DISTRICT; 12-8D, SKI BASE/RECREATION DISTRICT; 12-8E, SKI BASE/RECREATION 2 DISTRICT; 12-9B, PARKING DISTRICT; 12-9C, GENERAL USE;, CHAPTER 12-13, EMPLOYEE HOUSING, CHAPTER 12-23, COMMERCIAL LINKAGE, AND CHAPTER 12-24, INCLUSIONARY ZONING, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, on March 10, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of for the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, 12-23, Commercial must be amended reviewed; and, the Town Council finds and determines the provisions of Chapter Linkage and Chapter 12-24, Inclusionary Zoning, Vail Town Code, to clarify the basis on which Employee Housing Plans shall be 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 is compatible with the development objectives of the Town, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated March 10, 2008, and the evidence and testimony presented; and, 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 March 10, 2008, and the evidence and testimony presented; and, 23 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 VI of the Staff memorandum dated March 10, 2008, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated March 10, 2008, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Article 12-6A, Hillside Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in cfriLefhr�i�ivh text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6A-2: PERMITTED USES: The following uses shall be permitted in the HR district: Single-family residenfial dwellings. r,,.,o n� omnln�ioc� h�i�oiniv ...,.f� Employee Housing Units, as further regulated by chapter 13 of this title. ��i�@f��fG�Giii9H�i^y^�",�i�viic°�c°i ivf�a�vcc fon�m in�� 7? n�i��f�� Section 2. Article 12-66, Single Family Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in �il��g�, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-68-2: PERMI TTED USES: The following uses shall be permitted in the SFR district: Single-family residential dwellings. �e-l-� °^,^'^„^^ ti^„°:^^ „^;�° Emp/oyee Housing Units, as further regulated by chapter 93 of this title. Iiino /1/ emn/n�ioa hn�ioinrr imifo 00 {�irFhnr rorr��lofc�rl h�i l.L�n..f..r �1'2 r,f fh:o f'fl� .. .....r,.�y.... ..,,u.....y .,...��, ..� ....�..v, ,vyu,uci, , Section 3. Article 12-6C, Two-Family Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in cfriLofL�rni�ivh text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6C-2: PERMITTED USES: The following uses shall be permitted in the R district: Single-family residential dwellings. Two-family residential dwellings. T�� Employee Housing Units, as further regulated by chapter 13 of this title. , . , . 24 Section 4. Article of the Vail Town Code is s�ilc��#, te� that is to have been omitted.) 12-6D, Two-Family Primary/Secondary Residential District, hereby amended as follows (text to be deleted is in be added is bold. Sections of text that are not amended 12-6D-2: PERMITTED USES: The following uses shall be permitted: Single-family residential dwellings. Two-family residential dwellings. ��ee-{ � Employee Housing Unifs, as further regulated by chapter 13 of this title. � • � • Section 5. Article 12-6E, Residential Cluster District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6E-2: PERMI TTED USES: The following uses shall be permitted in the RC district: Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings with no more than four (4) units in any new building. Single-family residential dwellings. Two-family residential dwellings. �e-I-l� Employee Housing Units, as further regulated by chapter 13 of this title. 12-6E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the RC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-1418 of this title. Business offices, as further regulated by subsection 12-16-7A93 of fhis title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulafed by section 12-14-12 of this title. Private clubs. Professional office, as further regulafed by subsection 12-16-7A13 of this title. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. T�� • Employee Housing Units, as further regulated by Chapfer 13 of this Title. Section 6. Article 12-6F, Low Density Multiple-Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 9 2-6F-2: PERMI TTED USES: The following uses shall be permitted in the LDMF district: 25 Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. � Employee Housing Units, as further regulated by chapter 13 of ihis title. 12-6F-3: CONDITIONAL USES: The following conditiona! uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. �yqp�( amnl��ic�c� hn��oinrr �miin /C'LJl Il on nrnvirinrl in nh�nfor 4? nf fhio fiflo . �r.� .,. Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 7. Article 12-6G, Medium Density Multiple-Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in �fri(rofhrn��rrFi text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6G-2: PERMI77�ED USES: The following uses shall be permitted in the LDMF district: Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. T,,,,,, ►v mm�l�vnc� h�i�ninir ,.n:+� Emp/oyee Housing Units, as furtherregulated by chapter 13 of this title. 12-6G-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-94-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. 26 Tiino lll omn/n�i�n h�r��inrr i�nifo /CLJIII oo nrnvi`Jorl in nh�nfc�r 4? �ffhio fiflo Employee Housing Units, as further regulated by Chapfer 13 of this Tif/e. Section 8. Article 12-6H, High Density Multiple-Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6H-2: PERMITTED USES: The following uses shall be permitted in the HDMF district: Lodges, including accessory eating, drinking, recreational or retail establishments, located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area (GRFA) of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. �Se-�4� � Employee Housing Units, as further regulated by chapter 13 of this title. 12-6H-3: CONDITIONAL USES: The following conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 92-14-12 of this title. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Public and private schools. Public buildings, groands and facilities. Public park and recreation facilities. Public parking structures. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows_ Timeshare units. Tvno lll omnl��ioo h�i�c�inr imifo /CI-I/ II �o nrn�iirl��l in nhonfor '1'� �f fhio fiil� Employee Housing Units, as further regulated by Chapter 13 of this Tit/e. Section 9. Article 12-61, Housing District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-61-2: PERMITTED USES: The following uses shal! be permitted in the H district: Bicycle and pedestrian paths. 27 , t�le- Employee Housing Units, as further regu►ated by Chapter 13 of this Title, Passive outdoor recreation areas, and open space. 12-6/-3: CONDITIONAL USES: The following conditional uses shall be permitted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) to the use of employee housing and specificaUy serving the needs of the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a cnnditional use permit: Banks and financial institutions. Business offices and professional offices as further regulated by section 12-16-7 of this title. Child daycare facilities. Eating and drinking establishments. Funiculars and other similar conveyances. Health clubs. Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and 8. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and C. Dwelling units are only created in conjunction with employee housing, and D. DweNing units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schoo/s. Public buildings, grounds and facilities. Public parks and recreational facilities. � Public utilities installations including transmission lines and appurtenant equipment. ��/1 ' Employee Housing Units, as further regulated by chapter 13 of this title. Section 10. Article 12-7A, Public Accommodation District, of the Vail Town Code is hereby amended as follows (text to be deleted is in sk��e��#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7A-2: PERMITTED USES: The following uses shall be permitted in the PA district: Z8 Lodges, including accessory eating, drinking, or retail establishments located within the prrncipal use and not occupying more than ten percent (10%) of the total gross residentiaF floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. ' Employee Housing Units, as further regulated by chapter 13 of this title. 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subjecf to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Fractional fee club units as further regulated by subsection 12-16-7A8 of this title. Healthcare facilities. Lodges, including accessory eating, drinking, or retai! establishments Iocated within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the main structure or sfructures on the site. Major arcades. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Professional and business offices. Public and private schools. Public buildings, grounds and facilities. Public parking structures. Public parks and recreational facilrties. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Theaters and convention facilities. �pp� omnl��iea Fini�oiniv ��nifo 0o nrnvirlor�7 in nhon{or 4Q nf fh:o fiilo . ��.�� ... Employee Housing Units, as further regulafed by Chapter 13 of this Title. Section 11. Article 12-7B, Commercial Core 1 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-78-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: B.Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: 8. �e-�� employee housing units, as further regulated by chapter 13 of this title. ►�] � 12-78-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B.Permitted Uses: The following uses shal! be permitted on the first floor or street level within a structure: 4. -�e-�4� � Emp/oyee Housing Units, as further regulated by chapter 13 of this title. 12-78-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR: A.Permitted Uses; Exception: The following uses shall be permitted on the second floor above grade within a structure; provided, however, that a conditional use permit will be required in accordance with chapter 16 of this title for any use which eliminates any existing dwelling or accommodation unit or any portion thereof.� 8. �� Emp/oyee Housing Units, as further regulated by chapter 93 of this title. 8. Conditional Uses: The following uses shall be permitted on second floors above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Dog kennels. Electronics sa/es and repair shops. Household appliance stores. Liquor stores. Luggage stores. Meeting rooms. Outdoor patios. Theaters. T�ino I�( �mnl��ioo hn��iniv imifo /CL..II ll oc� nrn�iiii�r: in nhonfor 4'i �f fhic iifl�. !!-,.. ... .. .,.... ...� .... ��. ,.,� �. r,........... ... ......r.,..., ... ... ...... .... Employee Housing Units, as further regulaied by Chapter 13 of this Title. • 12-7B-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR: A. Permitted Uses: The following uses shall be permifted on any floor above the second floor above grade: Lodges. Multiple-family residential dwellings. -�2-E� ' Emp/oyee Housing Units, as further regulated by chapter 13 of this title. B.Conditional Uses: The following uses shall be permitted on any floor above the second floor above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title. Any permitted or conditional use which eliminates any existing dwelling or accommodation unit, or any portion thereof, shall require a conditional use permit. Such uses may include: 8. � �mnlnvne hn��oinn ��nifo /�!-JII1 �n nrnvirloi-I in nh�nfor 1Q nffhio .. ...........y ,...... ��. ..� ..., r,......,.... .,. .....,.r,.... ... ... �...., #�tl�--Employee Housing Unifs, as further regulated by Chapter 13 of this Title. 30 Section 12. Article 12-7D, Commercial Core 3 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in °friLofhr��rYh text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7D-1: PERMITTED USES: The following uses shall be permitted in the commercial core 3 district: Banks and financial institutions. Eating and drinking establishments, including the following: Cocktail lounges and bars. Coffee shops. Fountain and sandwich shops. Restaurants. Health clubs. Personal services and repair shops, including the following: Beaufy and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Shoe repair. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional otfices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Auto parts stores. Bakeries and confectioneries, preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sa/es and repair shops. Florists. Food stores. Furniture stores. Gift shops. Hardware stores. Health food stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. 31 Music and record stores. Newsstands and tobacco stores. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. r'�I� " Employee Housing Units, as further regulated by chapter 13 of this title. Additional offices, business, or services determined to be similar to permitted uses in accordance with the provisions of this section. 12-7D-2: CONDITIONAL USES: The following condifional uses shall be permitted in the commercial core 3 district, subject to issuance of a conditional use permit in accord with the provisions of chapter 16 of this title: Any use permitted by section 12-7D-1 of this article which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. Brew pubs. Child daycare center. Commercial laundry and cleaning services, bulk plant. Commercial storage. Dog kennels. Drive-up facilities. Major arcades. Massage parlors. Outside car wash. Pet shops. Public buildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Radio and television signal relay transmission facilities. Theaters, meeting rooms, and convention facilities. Transportation businesses. Tvno lll omnln�ioe h�r�oiniv ��niFo /�4-1111 0o nrnvr`Jorl in nh�nfor 92 nffhio fifl .. � ... .�.....� .... ......... . y ... ... � �. . ..� .�- �... .. . ....... ., . .....��.,..>. . .. ... .. ..... .....�. Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 13. Article 12-7E, Commercial Service Center District, of the Vail Town Code is hereby amended as follows (text to be deleted is in "friLofhrn�iivh text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7E-3: PERMITTED USES: The following uses shall be permitted in the CSC disfrict: 32 Banks and financial institutions. Eating and drinking establishments, including the following: Bakeries and de/icafessens with food service. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Small appliance repair shops, excluding fumiture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Appare! stores. Art supply stores and galleries. Bakeries and confectioneries, including preparation of products for sa/e on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. De/icatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sa/es and repair shops. Florists. Food stores. Furniture stores. Gift shops. Hardware stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands a�d tobacco stores. Pet shops. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy sfores. 33 Variety stores. Yardage and dry goods stores. Additional offices, businesses, or services determined to be similar to permitted uses in accordance with the provisions of section 12-7E-2 of thrs article. Employee housinq units as further regulated in Chapter 13 of this Title. 12-7E-4: CONDITIONAL USES: The following conditional uses shall be permiited in the CSC districf, subject to issuance of a conditional use permit in accordance wifh the provisions of chapter 16 of this title: Any use permitted by section 12-7E-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. Bowling alley. Brew pubs. Child daycare centers. Commercial Iaundry and cleaning services. Dog kennels. Major arcades. Multiple-family residential dwellings and lodges. Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this article. � Private clubs. Private parking structures. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. T�ino Ill omnl�vo� h��ioin� ��nifa /Cl-/Ill no nrn�iirioi-I in nhnnfor 4`2 �ffl�'o ... .....r.....�..... .,...,..,.,.y ..,,,�., ��. .�� ....., �.,.�..,�.�..� �, ti�l�EmplQyee Housing Units, as further regulated by Chapter 13 of this Tifle. Section 14. Article 12-7F, Arterial Business District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7F-3: PERMITTED USES: The following uses shall be permitted in the arterial business district. Eating and drinking establishments, as follows, are permitted on the first (street) level: Cocktail lounges and bars. Coffee shops, fountains, sandwich shops and restaurant. Personal services and repair shops, as follows, are deemed to be generally accessory and/or supportive of office uses and shall be permitted on the first (street) level: Beauty and barber shops. Shoe repair. Tailors and dressmakers. 34 Travel and ticket agencies. Professional offices, business offices and studios. Radio and television broadcasting studios. Retail stores and establishments, as follows, are deemed to be generally accessory and/or supportive of office uses and are therefore permitted so long as they do not exceed eight thousand (8, 000) square feet in floor area for each such business use and so long as they are located on the first (street) level: Art supply stores. Bookstores. Drugstores. Florists. Newsstands. Stationery stores. Tobacco stores. Additional offices, businesses or services determined to be similar to permifted uses in accordance with the provisions of section 12-7F-1 of this article. Employee Housing Units, as further regulated by Chapter 13 ot this Title. 12-7F-4: CONDITIONAL USES: A. Enumerated: The following conditional uses shall be permitfed in the arteria! 6usiness district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7F-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further provided by section 12-14-18 of this title. Brew pubs. Child daycare centers. Microbreweries. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public services uses, including screened outside storage. Service yards. Transportation businesses. Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 15. Article 12-7H, Lionshead Mixed Use 1 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in °+riLofhrn�„vh� text that is to be added is bold. Sections of text that are not amended have been omitted.) 92-7H-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: B. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: 35 Banks and financial institutions. Child daycare centers. Commercial ski storage. Eating and.drinking establishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. �qp� mm�ln�ioo h�i�oinlr ,�.,;f� Employee Housing Units, as further •�r- • - regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of fhis title. 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: 8. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski schoo/ and skier services. Travel and ticket agencies. �i� ' Employee Housing Units, as further regulated by chapter 93 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7H-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A. Permitted Uses; Exception: The following uses shall, be permitted on those floors above the first floor within a structure: Accommodation units. Attached accommodation units. Lodges. Multiple-family residential dwelling units, timeshare units, fractional fee c/ubs, lodge dwelling units, and °mnln�io� h��cinr+ ,,.,;+� �f,,.,� ►�� u� �► �� .,,-,,,,,�►o,� T"� ' Employee Housing Unifs, as further regulated by chapter 13 of this title. Additional uses determined to be similar fo permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Section 16. Article 12-71, Lionshead Mixed Use 2 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) � 12-71-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: B.Permitted Uses: The following uses shall be permitted in basement orgarden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. .�� Emp/oyee Housing Units, as further regulafed by chapfer 13 of this title. Additional uses defermined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-71-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: 8. Permitted Uses: The following uses shall be permifted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. T�ino II/ �mnln�ioo h��.�;.;,. �,.�rf� Emp/oyee Housing Units, as further T�� regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with fhe provisions of section 12-3-4 of this title. 12-71-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A.Permitted Uses; Exception: The following uses shall be permifted on those floors above the first floor within a structure: Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fracfional fee clubs, lod e dwellin un�t.S' and �mnlnvon hni�niniv �mifo /fiino lll /�l-ll Il �c nrn�ti[�acl 9 9 , .. ...........� ......., ,.,r� ... ,_. ._, _._ r. _-._-- m ^��«� '� nf fhi� flfln� �e-l� ' Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 37 Section 17. Article 12-8A, Agriculture and Open Space District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-SA-3: COIVDITIONAL USES: The following conditiona! uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use within public parks, recreation areas, and open spaces which involves assembly of more than two hundred (200) persons together in one building or group of buildings, or in one recreafion area or other public recreational facility. Cemeteries. Low power subscription radio facilities. Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges. Public and private schoo/s. Religious institutions. Semipublic and institutional uses, such as convents and religious retreats. Ski lifts and tows. Tvnc� ll mm�l��i�r� h�i�oini-r ��nifo /GL-IIII �o nrn�iii-IoiJ in nFionfar'1`? nfFhio fiflc� Employee Housing Units, as further regulated by Chapter 13 of fhis Tit/e. Section 18. Article 12-8D, Ski Base Recreation District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-8D-3: CONDITIONAL USES: The following conditional uses shal! be permitted in the ski base/recreation district, subject to the issuance of a conditional use permit in accordance wifh the provisions of chapter 16 of this title: Addition or expansion of storage buildings for mountain equipment. Additions or expansions of public or private parking structures or spaces. Bed and breakfast as further regulated by section 12-94-18 of this title. Child daycare center. Food and beverage cart vending. Public, private or quasi-public clubs. Recreation room/minor arcade. Redevelopment of public parks, playgrounds. Redevelopment of ski lifts and tows. Redevelopment of ski racing facilities. Redevelopment of water storage extraction and treatment facilities. Seasona/ structures to accommodate athletic, cultural, or educational activities. Summer outdoor storage for mountain equipment. Summer seasona/ community offices and programs. T�ino lll omnln�io� hn��c�inn �mifo /CLJI !1 �c. nrn�iii-lc�r! in nh�nfor 4� nf fF�ic+ fifl� Emp/oyee Housing Units, as further regulated by Chapter 13 of this Title. Section 19. Article 12-8E, Ski Base Recreation 2 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in st�il4�#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-5E-3: CONDITIONAL USES: 38 The following conditiona! uses shall be permitted in the ski base/recreation 2 disfrict, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Brew pubs. Fractional fee units. Outdoor dining decks and patios. Private and public clubs. Public utility and public service uses. Emp/oyee Housing Units, as further regulated by Chapter 13 of this Title. Additional uses determined to be similar to conditional or permitted uses described in this chapter, in accordance with fhe provisions of section 12-3-4 of this title. Section 20. Article 12-9B, Parking District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-98-3: CONDITIONAL USES: The following conditional uses shall be permitted subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Major arcades. Parks and recreational facilities. Private or public o�f streef vehicle parking structures. Public uses, private office and commercial uses that are transportation, tourisf or town related and that are accessory to a parking structure. Temporary construction staging sites. For the purposes of this section, a "temporary construction staging sife" shall mean a site on which, for a temporary period of time, construction materials, heavy construction equipment, vehicles and construction trailers may be stored. Tvnn lll mm�ln�ion hn��c�inn irnrfo /CLJI ll �o nmvirlarl in nh�nfar 42 nffhic fiil ��.. ...,� .,. p,........... ... ...,...r..... ... � .. ...... .....>. Employee Housing Units, as furthe� regulafed by Chapter 13 of this Title. Section 21. Article 12-9C, General Use District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#-�1��, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-9C-3: CONDITIONAL USES: A.Generally: The following conditional uses shall be permitted in the GU district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Child daycare centers. Equestrian trails. Golf courses. Healthcare facilities. Helipad for emergency and/or community use. Major arcades. Plant and tree nurseries, and associated structures, excluding the sa/e of trees or other nursery products, grown, produced or made on the premises. Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schools. 39 Public and quasi-public indoor community facilities. Public buildings and grounds. Public parking structure. Public theafers, meeting rooms and convention facilities. Public tourisbguest service related facilities. Public transportation terminals. Public unstruc�ured parking. Public utilities installations including transmission lines and appurtenant equipment. Religious institutions. Seasona/ structures or uses to accommodate educational, recreational or cultural activities. Ski lifts, tows and runs. T�inn lll omnln�io� L��oinir �inifo /�l-!I Il oo nrn�iii-lo�-I in nh�nfer 9Q nf fhrc fifl .� �.-. ....� ..., �............. ... ......�........ ... .... ....... ....... Employee Housing Units, as further regulated by Chapfer 13 of this Tifle. Water and sewage treatment plants. Section 22. Section 12-13-4, Employee Housing, of the Vail Town Code is hereby amended as follows (text to be deleted is in n}riLofFir��rh text that is to be added is bold. Sections of text that are not amended have been omitted.) : 1, a � � W � � Z � _ W � a W m � Z � � � W d' i M r � N r v �. � �aw ��a� . ,��,�w .��.` y N y G� = N` p W�C `�" � C '� �3�004 �3wQ � ��a 0 �W �o� � 4 � m� 0 1�- akiv� c�i o � � c �J rom ��.. �x W .. 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Chapter 12-23, Commercial Linkage, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold): 12-23-1: PURPOSE AND APPLICABILITY.� A. The purpose of this Chapter is to ensure that new commercial development and redevelopment in the Town provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such commercial development and redevelopment. B. Except as provided in Section 12-23-5, this Chapter shall apply to all new commercial development and redevelopment located within the following zone districts: 1. High Density Multiple Family (HDMF); 2. Public Accommodation (PA); 3. Public Accommodation 2 (PA2); 4. Commercial Core 1 (CC1); 5. Commercial Core 2 (CC2); 6. Commercial Core 3 (CC3); 7. Commercial Service Center (CSC); 8. Arterial Business (ABD); 9. General Use (GU); 10. Heavy Service (HS); 11. Lionshead Mixed Use 1(LMU1); 12. Lionshead Mixed Use 2(LMU2); 13. Ski Base/Recreation (SBR); 14. Ski Base/Recreation 2 (SBR2); 15. Parking District (P); and 16. Special Development (SDD). C. The requirements of this Chapter shall be in addition to all other requirements of this Code. 45 D. When any provision of this Chapter conflicts with any other provision of this Code, the provision of this Chapter shall control. 12-23-2: EMPLOYEE GENERATION AND MITIGATION RATES: A. The employee generation rates found in Table 23-1, Employee Generation Rates by Type of Commercial Use, shall be applied to each type of use in a commercial development. For any use not listed, the Administrator shall determine the applicable employee generation rate by consulting the Town's current nexus study. TABLE 23-1 EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE Type of Use Retail Store/Personal Service/Repair Shop Employee Generation Rates 2.4 Employees per 1,000 feet of new net floor area Business Office and Professional 3.2 Employees per 1, 000 feet of new Office (excluding Rea/ Esfate net floor area Office) Accommodation Unit/Limited Service Lodge Unit Rea/ Estate Office Eating and Drinking Establishment Conference Facility Health Club Spa 0. 7 Employees per net new units 5.1 Employees per 1, 000 feet of new net floor area 6.75 Employees per 1,000 feet of new net floor area 0. 8 Employees per 1, 000 feet of new net floor area 0. 96 Employees per 1, 000 feet of new net floor area 2.1 Employees per 1, 000 feet of new net floor area 8. If an applicant submits competent evidence that the employee generation rates contained in Table 23-1 or the nexus study do not accurately reflecf the number of emp/oyees generated by the proposed commercial development or redevelopment and the Administrator finds that such evidence warrants a deviation from those employee generation rates, the Administrator shall allow for such a deviation as the Administrator deems appropriate. .� Each commercial development or redevelopment shall mitigate its impact on employee housing by providing EHUs for fi�,°nf., n�rnonf /7n0/_� e�the employees generated, pursuant to Table 23-1, or the nexus study, in accordance with the requirements of this Chapter at the fo/lowing rafes: 1. On-site Units: 20% of the emp/oyees generated. 2. Conveyance of Property On-Site: 20% of the employees generated. 3. Off-Site Units: 100% of the emp/oyees generated. 4. Payments of Fee in Lieu: 25% of the employees generafed, 5. Conveyance of Property Off-Site: 20% of the emp/oyees generated. .. .. ... ars� _ � � �l:�rZr7rL .�C:.? � � For example, a demo/rebuild development project proposes 2,500 square feet of net new floor area for an eating and drinking establishmenf, 10,000 square feet of net 1,000 square feet of net new real esiat fol/owing calculations determine the total the new uses: Eating and Drinking Establishment: new retail floor area, and e office floor area. The emp/oyee generation for ((2,500 square feet = 1,000 square feet] x�6.75]) = 16.88 new employees generated Retail: ((10,000 square feei = 1,000 square feet] x(2.4]) = 24.00 new employees generafed Real Estate Office: ((1,000 square feet = 1,000 square feet] x�5.1]) = 5.1 new employees generafed Total: 45.98 new employees generated 47 The developer must mitigate at /east 22.99 new emp/oyees (i.e, half the total net new employees) with on-site units and may mitigate the remaining 22.99 new emp/oyees through any combination of the approved methods. For example, if this developer chose to mitigate 22.99 emp/oyees on-site, 20 off-site, and 2.99 through fee-in-lieu (for a total of 45.98 employees), the calculations would be as follows: On-site Unifs: 22.99 of 45.98 net new employees x 20% mifigation rate = 4.60 employees to be housed on-site. Off-site Units: 20 of 45.98 net new emp/oyees x 100% mitigation rate = 20 emp/oyees to be housed off-site. Payment of Fee-in-Lieu: 2.99 of 45.98 net new emp/oyees x 25% mitigation rate = 0.75 employees to be mitigafed by a payment of fee- in-lieu. 12-23-3: SIZE AND BUILDING REQUIREMENTS: A. Table 23-2, Size of Employee Housing Units, establishes the minimum size of EHUs and the number of employees that can be housed in each. All EHUs shall meet or exceed the minimum size requirements. TABLE 23-2 S1ZE OF EMPLOYEE HOUSING UNITS Type of Unit Dormitory Studio One-Bedroom Two-Bedroom Three or More - Bedroom Minimum Size Number of (GRFA) Employees Housed 250 438 613 788 1, 225 :: 1 9. 25 1. 75 2. 25 3. 5 8. Every EHU shall contain a kitchen facility or kitchenette and a bathroom. C. All trash facilities shall be enc/osed. D. Parking shall be provided ^° r°��r°� �� in accordance with Chapter 10 of this Title. 1. Exception for on-site units: At fhe discretion of the governing body, variations to the parking siandards outlined in Chapter 10 of this Title may be approved during the review of an employee housing plan subject to a parking management plan. The parking management plan may be approved by the governing body and may provide for a reduction in the parking requirements for on- site unifs based on a demonstrated need for fewer parking spaces than Chapter 10 of this Title would require. For example, a demonstrated need for a reduction in the required parking cou/d include: a. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. b. A limitation placed in the deed restrictions limiting the number of cars for each unit. c. A demonstraied permanent program including, but not limited to, rideshare programs, car-share programs, shutfle service, or staggered work shifts. E. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit to which it may be attached. ..� . _ 12-23-4: REDEVELOPMENT.� Employee housing impacts need only be mitigated for a redevelopment that results in a greater number of employees generated from an increase in net floor area, or an increase in the number of accommodation units or limited service Iodge units in the redevelopment; provided however, that if any existing EHUs are to be removed, an equal i. amount of EHUs shall be replaced in addition to the other requirements of this Chapter. 12-23-5: EXEMPTIONS: The following shall be exempt from this Chapter.� 1. The redevelopment of existing commercial development, if no new net floor area, accommodation units, or limited service lodge units are created; and 2. The construction of EHUs. 12-23-6: METHODS OF MITIGATION: , A. For all new consfruction and demo/rebuild projects that result in a mifigation requirement of 1.25 employees or greater, no /ess than one-half (%) the mitigation of emp/oyee housing required by fhis Chapter shall be accomplished with on-site units. 1. Exceptions: At the sole discretion of the applicable governing body, an exception may be granted from this on- site unif requirement should the applicable governing body make one of the following findings: a. Thaf implementafion of the on-site unit mitigation method wou/d be contrary to the intent and purpose of the applicable zone district. b. That implemenfafion of the on-site unif mitigation method would be contrary to the goa/s ot fhe applicable elements of the Vail Comprehensive Plan and the Town's development objectives. c. That exceptional or extraordinary circumstances or conditions apply to the site fhat prevents the implementation of fhe on-site unit mifigation method. d. That the method of mitigation proposed better achieves the intent and purpose of this Chapter and general and specific purposes of this Title than the on- site mitigation unit method. 2. All on-site EHUs shall be deed restricted as a"Type IV- CL" (type four, commercial linkage mitigation) or "Type V/l- CL" (type seven, commercial linkage mitigation) EHU in accordance with Chapfer 12-13, Employee Housing, of this Title. 50 i 3. At the so/e discreiion of the applicable governing body, an applicant may provide on-site dormitory style units. 4. An applicant may provide a payment of fees-in-lieu for any fracfional remainder of the requirement generated under this Chapter totaling /ess than 1.25 employees. 5. Any remaining portion of the mitigation requirement not provided with on-site units may be provided in accordance with Secfion 12-23-6B below. � B. For all developmenf projects excepf those mifigated by Section 12-23-6A above, the mitigation of employee housing required by this Chapter shall be accomplished through one, or any combination, of the foliowing methods: On-site units. a. , � , �f�e_�l-Jll�_aool-1�� in nrnriJ nno ;i�n��'—ir�'iiv �#e�All on-site EHUs shall be deed restricted as a "Type IV-CL" (type four, commercial linkage mitigafion) or "Type V/l-CL" (type seven, commercial linkage mitigation) EHU in accordance wifh Chapter 12-13, Employee Housing, of this Title. L,. ��}i�L��l��e}��,�.�'#o Ol�nniniv onr! U i i a � i . Af the so/e discretion of the applicable governing body, an applicant may provide on-site dormitory style units. 2. Conveyance of property on-site. An applicant may convey on-site real property to the Town on which no covenants, restrictions or issues exist that would limit the construction of EHUs, at the sole discretion of the Town Council. This method does not mitigate the on-site unit requiremenfs of Section 12- 23-6A above. 3. Off-site units. a. The requisite number of EHUs, or a portion thereof, may be provided off-site wifhin the Town, provided that such EHUs are deed restricted in accordance with this Chapter. 51 b. At the so/e discretion of the Planning and Environmental Commission, an applicant may provide off- site dormitory units, unless the application is for a Specia/ Development District, in which case, the Town Council, in its so/e discretion, may accept dormitory units as a method of mitigation. . • � . a. The fee-in-lieu for each employee to be housed shall be established annually by resolution of the Town Council, provided that, in calculating that fee, the Town Council shall include the net cost (total cost less the amount covered by rental or sa/e income) of real property and all related planning, design, site development, legal, construction and construction management cosfs of the project, in current dollars, which would be incurred by the Town to provide housing for the employee to be housed in that year. b. An administrative fee, established by resolutron of the Town Council, shaU be added to the amount set forth in paragraph a hereof. c. Fees-in-lieu shall be due and payable prior to the issuance of a building permit for the development. d. The Town shall only use monies collected from fees-in-lieu to provide new employee housing. 5. Conveyance of property off-site: The Town Council may, at its so/e discretion, accept the conveyance of property off- site in lieu of requiring the provision of EHUs, provided that no covenants, restrictions or issues exist on such property that would limit the construction of EHUs. _ • 12-23-7: MI TI GA TION BANK: A. The Town will provide credit for any EHUs constructed on- site, constructed off-site, or otherwise acquired in anticipation of future commercial development or redevelopment, provided that those EHUs meet alI applicable requirements of this Title. However, the construction or acquisition of EHUs in anticipation of future development is at the so/e risk of the applicant, because the commercial development shall be 52 subject to all regulations pertaining to EHUs which are in effect at the time the application for commercial development review is submitted to the Town, even if those regulations change after fhe EHUs are constructed. 8. It shall be the applicant's responsibility to provide documentation of any existing EHU credit upon submission of an application for development review. If the applicant cannot adequately document such credits, the Town shall not be obligated to provide such credit. 12-23-8: ADM/NISTRATION: A. Each application for development review, except those exempt per Section 12-23-5, shall include an employee housing plan e� ��.,Fcimani �f o�o..,..f;�� ,yhich includes the following: r'..., . 1. Calculation Method. The calculation of employee generation, including credits if applicable, and the mitigation method by which the applicant proposes to meet the requirements of this Chapter, 2. Plans. A dimensioned site plan and architectural floor plan that demonsfrates compliance with Section 12-23-3, Size and Building Requirements; 3. Lot Size. The average !ot size of the proposed EHUs and the average lot size of other dwelling units in the commercial development or redevelopment, if any; 4. Schedules. A timeline for the provision of any off- site EHUs; 5. Off-Site Unifs. A proposal for the provision of any off-site EHUs shall include a brief statement explaining the basis of the proposal,� 6. Off-Site Conveyance Request. A request for an off- site conveyance shall include a brief statement explaining the basis for the request; 7. Fees-in-lieu. A proposal to pay fees-in-lieu shall include a brief statement explaining the basis of the proposal; and 8, Written Narrative. A written narrative explaining how the employee housing plan meets the purposes of this Chapter and complies with the Town's Comprehensive Plan. �. B. Governing Body: 53 The Administrator shall approve, approve with modifications or deny an emp/oyee housing plan involving a total mitigation requirement of /ess than 1.25 employees. The Planning and Environmental Commission shall approve, approve with modifications or deny an employee housing plan unless the plan involves a total mitigation requirement of /ess than 1.25 employees; the development � is located within a Special Development District; or the plan includes a request to convey property.,- � � • The Town Council shall approve, approve with modifications or deny an employee housing plan for a development locafed within a Special Development District or a plan requesting fo convey property. Before granting approval of an employee housing plan, fhe applicable governing body shall make findings fhat the emp/oyee housing plan conforms to the general and specific purposes of this title, and that the plan is compafible with fhe applicable elements of the Vail Comprehensive Plan and the development objectives of the Town. �- E. If modifications to a submitted application for development review changes the obligations of the applicant under this Chapter, the applicant shall submit a modified employee housing plan. A modification to an employee housing plan shall be reviewed by the body that reviewed the initial employee housing plan, in accordance with the provisions of this Chapter. � F. An approved employee housing plan shall become part of the approved application for development review for the affected site. G. Requests to amend an approved employee housing plan shall be reviewed in accordance with the procedures described in fhis Chapfer. At the discretion of fhe Administrator, minor amendments that do not alter the basic intenf or methodology of the plan may be approved, or approved with modiffcations, or denied by the Administrator. 12-23-9: OCCUPANCY AND DEED RESTRICTIONS: A. No EHU shall be subdivided oc divided into any form of timeshare unit or fractional fee club unit. B. EHUs shall not be leased for a period /ess than thirty (30) consecutive days. C. An EHU may be sold or transferred as a separate unit on the srte. 54 D. An EHU shall be continuously occupied by an employee fer-�e� and shall not remain vacant for a period in excess of three (3) consecutive months unless, despite reasonable and documented efforts to � occupy the EHU, �al efforts are unsuccessful. E. No later than February 1 of each year, the owner of an EHU shall submit a sworn affidavit on a form provided by the Town to the Town of Vail Community Development Department containing the following information: 1. Evidence to establish that the EHU has been occupied throughout the year by an employee; 2. The rental rate (unless owner-occupied); 3. The employee's employer, and 4. Evidence to demonstrate that at least one f°� person residing in the EHU is an employee. 12-23-10: TlM1NG: All EHUs required by this Chapter shall be ready for occupancy prior to the issuance of a temporary certificate of occupancy for the affected commercial development or redevelopment. 12-23-11: VARIANCES: Variances from the requirements of this Chapter may be granted pursuant to the procedures and standards set forth in Chapter 17 of this Title. 12-23-12: REVIEW.� A. Purpose. The Town Council intends that the application of this Chapter not result in an unlawful taking of private property without the payment of just compensation, and therefore, the Town Council adopts the review procedures set forth in this Section. 8. Planning and Environmental Commission review. Any applicant for commercial development who feels that the application of this Chapter would effect an unlawful taking may apply to the Planning and Environmental Commission for an adjustment of the requirements imposed by this Chapter. If the Planning and Environmental Commission determines that the application of this Chapter would result in an unlawful taking of private property without just compensation, the Planning and Environmental Commission may alter, /essen, or adjust employee housing requirements as applied to the particular project under consideration to ensure that there is no unlawful uncompensated taking_ 55 C. Town Council review. If the Planning and Environmental Commission denies the relief sought by an applicant, the applicant may request a hearing before the Town Council. Such hearing shall be a quasi judicial hearing and conducted according to the Town's rules and regulations regarding quasi judicial hearings. At such hearing, the burden of proof shall be on the applicant to establish that the fulfillment of the requirements of this Chapter would effect an unconstitutional taking without just compensation pursuant to applicable law. If the Town Council determines that the application of this Chapter would effect an illegal taking without just compensation, the Town Council may alter, lessen, or adjust the employee housing requirements as applied to the particular project under consideration to ensure that no illegal uncompensated taking occurs. The decision of the Town Council shall be final, subject only to judicial review. Section 24. Chapter 12-24, Inclusionary Zoning, of the Vail Town Code is hereby amended as follows (text to be deleted is in �friLofhrni�rFi text that is to be added is bold): 12-24-1: PURPOSE AND APPLICABILITY: A. The purpose of this Chapter is to ensure that new residential development and redevelopment in the Town of Vail provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such residential development and redevelopment. 8. This Chapter shall apply to all new residentia! development and redevelopment located within the following zone districts, except as provided in Section 12-24-5: 1. High Density Multiple Family (HDMF); 2. Public Accommodation (PA); 3. Public Accommodation 2 (PA2); 4. Commercial Core 1 (CC1); 5. Commercial Core 2 (CC2); 6. Commercial Core 3 (CC3); 7. Commercial Service Center (CSC); 8. Arterial Business (ABD); 9. Genera/ Use (GU); 90. Heavy Service (HS); 56 11. Lionshead Mixed Use 1(LMU1); 12. Lionshead Mixed Use 2(LMU2); 13. Ski Base/Recreation (SBR); 14. Ski Base/Recreation 2 (SBR2); 15. Parking District (P); and 16. Special Development (SDD). C. The requirements of this Chapter shall be in addition to all other requirements of this Code. D. When any provision of this Chapter conflicts with any other provision of this Code, the provision of this Chapter shall control. 12-24-2: EMPLOYEE HOUSING REQUIREMENTS: Every residential development and redevelopment shall be required to mitigate its direct and secondary impacts on the Town by providing employee housing at -p ^,-��° ^f �°^ �°rnonf /'I/1�/_1 „f .., .... r,..,....... i _,..i _ fn,�,��ewr�R��the fo/Iowing mitigation rates: 1, On-site Units: 90% of the net new GRFA. 2. Conveyance of Property On-Site: 10% of the nef new GRFA. 3. Off-Site Units: 50% of the net new GRFA. 4. Payments of Fee in Lieu: 25% of the net new GRFA. 5. Conveyance of Property Off-Site: 10% of the net new GRFA. , � 0 For example, a demo/rebuild development projecf proposes 120,000 square feet of net new GRFA. The developer musf mitigate at least 60,000 square feet (i.e. half the total net new GRFA) with on- site units and may mitigate the remaining 60,000 square feet through any combination of the approved methods. If this developer chose to mitigate 60,000 sq. ft. on-site, 50,000 sq. ft, off-site, and 10,000 sq. ft. through fee-in-lieu (for a tota/ of 120,000 sq. ft.), the calculations would be as follows: 57 On-site Units: 60,000 of 120,000 square feet of net new GRFA x 10% mitigation rate = 6,000 square feet of emp/oyee housing to be provided on-site. Off-site Units: 50,000 of 120,000 square feet of net new GRFA x 50% mitigation rate = 25,000 square feet of employee housing to be provided otf-site. Payment of Fee-in-Lieu: 10,000 of 120,000 square feet of net new GRFA x 25% mitigation rate = 2,500 square feet of ernp/oyee housing to be provided paymenf of fee-in-lieu. 12-24-3: BUILDING REQUIREMENTS: A. Table 24-1, Size of Employee Housing Units, establishes the minimum size requirements for EHUs under this Chapter. All EHUs shall meet or exceed the minimum size requirements. TABLE 24-1 SIZE OF EMPLOYEE HOUSING UNITS Type of Unit Minimum Size (GRFA) Dormitory 250 Studio 438 One-Bedroom 613 Two-Bedroom 788 Three or More -Bedroom 1,225 B. Every EHU shall contain a kitchen facility or kitchenefte and a bathroom. C. All trash facilities shall be enclosed. D. Parking shall be provided as�e�ed--� in accordance with Chapter 10 of this Title. 58 1. Exception for on-site EHUs: At the discretion of the governing body, variations to the parking standards outlined in Chapter 10 of this Title may be approved during the review of an employee housing plan subject to a parking management plan. The parking management plan may be approved by the governing body and may provide for a reduction in the parking requirements for on- site units based on a demonstrated need for fewer parking spaces fhan Chapter 10 of fhis Title wou/d require. For example, a demonstrafed need for a reduction in the required parking could include: a. Proximity or availability of alternative modes of transportation including, but not limited to, public fransit or shuttle services. b. A limitation placed in the deed resfrictions limiting the number of cars for each unif. c. A demonsirated permanenf program including, but r�ot limited to, rideshare programs, car-share programs, shutfle service, or staggered work shifts. E. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit to which it may be attached. � C4-lllo rh II nnf h�ri�srd�e�-fi-.�i� ' n �{ 11��o n-inim��m nf n i-li-li�i�n�l oavon�o fioo /7�i� or+��nro fao%fnr 12-24-4: REDEVELOPMENT.� Employee housing need only be provided for the increase in the GRFA of a redevelopment; provided however, that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced rn addition to other requirements of this Chapter. 12-24-5: EXEMPTIONS: The following shall be exempt from this Chapter.� The remodeling of an existing dwelling unit; 2. The replacement of a demolished residential development, provided the replacement structure does not exceed the total GRFA of the original structure; and 59 � 12-24-6: The construction of EHUs. METI�ODS OF MITIGATION: A. For all new construction and demo/rebuild projects fhat result in a mitigation requirement of 438 sq, ft, or greater, no /ess than one-half (%) the mitigation of employee housing required by this Chapter shall be accomplished wifh on-site unifs. 1. Exceptions: At the so/e discretion of the applicable governing body, an excepfion may be granted from this on- site unit requirement should the applicable governing body make one of fihe following findings: a. That implementation of the on-site unit mitigation method would be contrary to the intent and purpose of the applicable zone district. b. That implementation of the on-site unit mitigation method wou/d be contrary to the goa/s of the applicable elernents of the Vail Comprehensive Plan and the Town's development objectives. c. That exceptional or e�raordinary circumstances or conditions apply to the site that prevents the implementation of the on-site unit mitigafion method. d. That the method of mitigation proposed better achieves fhe intent and purpose of this Chapter and general and specific purposes of this Title than the on- site mitigation unit method. 2. All on-site EHUs sha11 be deed restricted as a"Type IV- IZ" (type four, inclusionary zoning mitigation) or "Type VlI-!Z" (type seven, inclusionary zoning mitigation) EHU in accordance with Chapfer 12-13, Employee Housing, of this Title. 3. At the so/e discretion of the applicable governing body, an applicant may provide on-site dormitory sfy/e unifs. 4. An applicant may provide a payment of fees-in-lieu for any fractional remainder of ihe requirement generated under this Chapter totaling /ess than 438 sq, ft. of EHU f/oor area. .1 5. Any remaining portion of the mitigation requirement not provided with on-site units may be provided in accordance wifh Section 12-246B below. � B. For all development projects, except those mitigated by Section 12-246A above, the mitigation of employee housing required by this Chapter shall be accomplished through one, or any combination, of the following methods: On-site units. On-site units. a. � > > /�/�/��/''� (� ��-€�,ar ri A/'� rl1Cf1'I!�{�l'i 11'f �ODGTCIRTTVG IA/If� Gk�a�e�-All on-site EHUs shall be deed restricted as a "Type IV-!Z" (type four, inclusionary zoning mitigafion) or "Type Vll-IZ" (type seven, inclusionary zoning mitigation) EHU in accordance with Chapfer 12-13, Employee Housing, of this Tifle. Af o cnlo i-lionrofinn nf fho Olnnnini► oni-! b. m t# w � � � , , � , �f ^�%��^�t�^^. At the so/e discretion of the applicable governing body, an applicanf may provide on-site dormifory style units. 2. Conveyance of property on-site. An applicant may convey on-site real property to the Town of Vail on which no covenanfs, restrictions or issues exist that would limit the construcfion of EHUs, at the sole discretion of the Town Council. This method does not mitigate the on-site unif requirements of Section 12-246A above. 3. Off-site units. a. The requisite number of EHUs, or a portion thereof, may be provided off-site within the Town, provided that such EHUs are deed restricted in accordance with this Chapter. b. At the so/e discretion of the Planning and Environmental Commission, an applicant may provide off-site dormitory units, unless the application is for a Specia/ Development District; in which case, the Town Council, in its so/e discretion, may accept dormitory units as a method of mitigation. 61 i � � i a. The fee-in-lieu for each square foot shall be established annually by resolution of the Town Councrl, provrded that rn calculating that fee, the Town Council shall include the net cost (total cost /ess the amount covered by renta! or sale rncome) of real property and all related planning, design, site development, legal, construction and construction management costs of the project, in current dollars, which would be incurred by the Town to provrde the square feet in that year. b. An administrative fee, established by resolution of the Town Council, shall be added to the amount set forth in paragraph a hereof. c. Fees-in-lieu shall be due and payable prior to the issuance of a building permit for the development. d. The Town shall only use monies collected from the fees-in-lieu to provide new employee housing. 5. Conveyance of property off-site. The Town Council may, at its so/e discretion, accept a conveyance of real property off-site in lieu of requiring construction of EHUs, provided that no covenants, restrictions or issues exist on the property that would limit the construction of EHUs. 12-24-7 MI TI GA TION BANK: A. The Town will provide credit for any EHUs constructed on- site, consfructed off-site, or otherwise acquired in anticipation of future residential development or redevelopment, provided that those EHUs meet all applicable requirements of fhis Chapter. However, the construction or acquisition of EHUs in anticipation of future development is at the risk of the applicant, because the residential development shall be subject to all regulations pertaining to EHUs which are in effecf at the time the application for development review is submitted to the Town, even if those regulafions change after the EHUs are constructed. 8. If shall be the applicant's responsibility to provide documentation of any existing EHU credits upon submission of an application for development review. If the applicant cannot adequately document such credits, the Town shall not be obligated to provide such credits. 12-24-8: ADM/NISTRATION: A. Each application for development review, excepf those exempt per Section 12-24-5, shall include an employee housing plan e� �+�+o..�,�.,f �f ovomnfinn �,yhich includes fhe fo/lowing: 62 ■ .. 1. Calculation Method. The calculation of the inclusionary zoning requirement, including credits if applicable, and the mitigation method by which the applicant proposes to meet the requirements of this Chapter,� 2. Plans. A dimensioned site plan and architectural floor plan that demonstrates compliance with Section 12-24-3, Building Requirements; 3. Lot Size. The average lot size of the proposed EHUs and the average lot size of other dwelling units in the commercial development or redevelopment, if any; 4. Schedules. A timeline for the provision of any off- sife EHUs; 5. Off-Site Unifs. off-site EHUs shall include a of the proposal; A proposal for the provision of any brief statement explaining the basis 6. Off-Site Conveyance Request. A request for an off- site conveyance shall include a brief statement explaining the basis for the request; and 7. Fees-in-lieu. A proposal to pay fees-in-lieu shall include a brief statement explaining the basis of the proposal. 8. Written Narrative. A written narrative explaining how the employee housing plan meets the purposes of this Chapter and complies with the Town's Comprehensive Plan. �. B. Governing Body: The Adminisfrafor shall approve, approve with modifications or deny an employee housing plan involving a total mitigation requirement of /ess than 438 square feet of EHU f/oor area. The Planning and Environmental Commission shall approve, approve with modifications, or deny an employee housing plan unless the plan involves /ess than 438 square feei of EHU floor area; the development � is located within a Special Development District; or the plan includes a request to convey property�„a me.3-^ �"--R«aoo � , � #e�� The Town Council shall approve, approve with modifications or deny an employee housing plan for a development locafed within a Special Development District or a plan requesting to convey property. 63 Before granting approva/ of an employee housing plan, the applicable governing body shall make findings that the employee housing plan conforms to the general and specific purposes of this iitle, and that fhe plan is compatible with the applicable elements of the Vail Comprehensive Plan and the development objectives of the Town. B- C. If modifications to a submitted application for development review changes the obligations of the applicant under this Chapter, the applicant shall submit a modified employee housing plan. A modification to an employee housing plan shall be reviewed by the body that reviewed the initial employee housing plan, in accordance with the provisions of this Chapter. � D. - An approved Employee Housing Plan shall become part of the approved application for development review for the affected site. E. Requesfs to amend an approved employee housing plan shall be reviewed in accordance with the procedures descrihed in ihis Chapter. At the discretion of the Administrator, minor amendments that do not alter the basic intent or methodology of the plan may be approved, or approved with modifications, or denied by the Administrator. 12-24-9: OCCUPANCYAND DEED RESTRICTIONS: A. No EHU shall be subdivided or divided into any form of timeshare unit or fractional fee club unit. 8. EHUs shall not be leased for a period /ess than thirty (30) consecutive days. C. An EHU may 6e sold or transferred as a separate unit on the site. D. An EHU shall be continuously occupied by an employee fe�t�d and shall not remain vacant for a period in excess of three (3) consecutive monfhs unless, despite reasonable and documented efforts to � occupy the EHU, �ea�al efforts are unsuccessful. E. No later than February 1 of each year, the owner of each EHU shall submit a sworn affidavit on a form provided by fhe Town with the following information: 1. Evidence to establish that the EHU has been rented or owner occupied throughout the year, 2. The rental rate (unless owner-occupied); 3. The employee's employer, and .� 4. Evidence to demonstrate that at least one {°� person residing in the EHU is an employee at a business located in Eagle County. 12-24-10: TIM/NG: All EHUs required by this Chapter shall be ready for occupancy prior to the issuance of a temporary certificate of occupancy for the affected residential development. 12-24-11: VARIANCES: Variances from the requirements of this Chapter may be granted pursuant to the procedures and standards set forth in Chapter 17 of this Title. 12-24-12: REVIEW.� A. Purpose. The Town Council intends that the application of this Chapter not result in an unlawful taking of private property withoui the payment of just compensation, and therefore, the Town Council adopts the review procedures set forth in this Section. 8. Planning and Environmental Commission review. Any applicant for residential development who fee/s that the application of this Chapter would effect an unlawful taking may apply to the Planning and Environmental Commission for an adjustment of the requirements imposed by this Chapter. If the Planning and Environmental Commission determines that fhe application of this Chapter would result in an unlawful taking of private property without just compensation, the Planning and Environmental Commission may alter, /essen, or adjust employee housing requirements as applied to fhe particular project under consideration to ensure that there is no unlawful uncompensated taking. C. Town Council review. If the Planning and Environmental Commission denies the relief sought by an applicant, the applicant may request a hearing before the Town Council. Such hearing shall be a quasi judicial hearing and conducted according to the Town's rules and regulations regarding quasi judicial hearings. Af such hearing, the burden of proof shall be on the applicant to establish that the fulfillment of the requirements of this Chapter would effect an unconstitutional taking without just compensation pursuant to applicable law. If the Town Council determines that the application of this Chapter would effect an illegal taking without just compensation, the Town Council may alter, lessen, or adjust the employee housing requirements as applied to the particular project under consideration to ensure that no illegal uncompensafed taking occurs. The decision of the Town Council shall be final, subject only fo judicial review. 65 Section 25. If 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 26. 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 27. The amendment of any provision of the Town Code as provided in this ordinance shali 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 28. 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 day of , 2008 and a public hearing for second reading of this Ordinance set for the day of , 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2008. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk .. � � Attachment B • As commercial linkage and inclusionary zoning exist today there is no priority order in the methods of mitigation. • The regulations apply to each method of mitigation equally. • The existing regulations, related to mitigation methods, are not providing the mitigation results the community most values. • Without dramatic policy change it may not be possible to achieve the desired employee housing mitigation. • The examples below illustrate the existing regulations, equally weighted mitigation methods, as well as attempting to prioritize mitigation methods with weighted mitigation rates. Hypothetical Residential Project 126,311 square feet of new residential development 126,311 sq ft x 10% Inclusionary Zoning = 12,631 sq ft Mitigation Methods Today Value/Sq Ft Est. Cost On-Site Sq Ft 10% 12,631 $500 $6,315,500 Off-Site Sq Ft 10°/a 12,631 $100 $1,263,100 Fee-in-Leiu 10% 12,631 $236.65 $2,989,126 Mitigation Methods Equally Weighted Value/ Sq Ft Est. Cost On-Site Sq Ft 10% 12,631 $500 $6,315,500 Off-Site Sq Ft 50% 63,155 $100 $6,315,500 Fee-in-Lieu 21.25% 26,841 $236.65 $6,351,923 Mitigation Methods with Priority On-Site Sq Ft 10% 12,631 Off-Site Sq Ft 65% 82,102 Fee-in-Lieu 35% 44,209 Value/Sq Ft Est. Cost $500 $6,315,500 $100 $8,210,2001 $236.65 $10,462,024 67 � t� � �O a a� N � � � � V d t O � � 2 � Q � � � (� � .L O � � � II � � U� fC �, Y Q C '� --� � � � U N � C � � C � � �U o° Qo � X � � 3 Q- a� � c u� rnrn °o°o � � � � N N � Q� Oti N� � II � � C (0 � C � � N � � � � `� o � '� c � � U O C � o ,4? O � X (� � 7 � � O O � � � � � � 0 u� � y� M � � � � N N N in T � O e- � ^ y � � O U � � � U � N � �j N � o • I� O M ' 1� �,.� M . h 1� I� �- N N W ER � f,R N ff? 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O�lr � �� ` MEMORANDUM ��'� � 3/jo/oo TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 25, 2008 SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters 12-23, Commercial Linkage and 12- 24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. (PEC070075) Applicant: Town of Vail, represented by Nina Timm, Housing Coordinator Planner: Bill Gibson I. SUMMARY The Applicant, Town of Vail, is requesting a a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters 12-13, Employee Housing, 12- 23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements. In addition to amendments to the Chapters listed above there will be amendments to all the established zone districts which contain employee housing units as a permitted or conditional use. The applicant has submitfed the application in response to a request from the Planning and Environmental Commission to clarify certain portions of the adopted regulations. Staff is recommending that the Planning and Environmental Commission forwards a recommendation of approval of the proposed amendments to Chapters 12-13, Employee Housing, 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, based upon the criteria found in Section VI of this memorandum. II. DESCRIPTION OF REQUEST The Applicant, Town of Vail, is requesting a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters 12-13, Employee Housing, 12- 23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements. In addition to amendments to the Chapters listed above there will be amendments to Articles 12-6A, Hillside Residential District; 12-66, Single- Family Residential District; 12-6C, Two-family Residential District; 12-6D, Two- Family Primary/Secondary Residential District; 12-6E, Residential Cluster District; 12-6F, Low Density Multiple-Family District; 12-6G, Medium Density Multiple-Family District; 12-6H, High Density Multiple-Family District; 12-61, . h� lt.�, � , ',;' � y. F Housing District; 12-7A, Public Accommodation District; 12-76, Commercial Core 1 District; 12-7D, Commercial Core 3 District; 12-7E, Commercial Service Center; 12-7F, Arterial Business District; 12-7H, Lionshead Mixed Use 1 District; 12-71, Lionshead Mixed Use 2; District; 12-7J, Public Accommodation 2 District; 12-8A, Agricultural and Open Space District; 12-8D, Ski Base/Recreation District; 12-8E, Ski Base/Recreation 2 District; 12-9B, Parking District; 12-9C, General Use; to incorporate changes to the employee housing types listed as permitted or conditional uses within each district and facilitate the implementation of these regulations. The Applicant is recommending that all commercial linkage and inclusionary zoning requirements for new construction and demo/rebuild projects be addressed through the on-site unit mitigation method. This recommendation is based upon several factors, including: . • The scarcity of developable land resources; • The financial, political, and practical difficulties associated with the construction of any free standing employee housing development; • The need for additional workforce housing to ensure the long term sustainability of Vail's economy; • An opportunity to improve the Town's sense of community; • On-site units create "live-work" opportunities; • On-site units create less demand on, and impact to, the Town's infrastructure; • The Town of Vail has an opportunity to become a leader in addressing employee housing within Eagle County; and, • 70% of the community's workforce housing needs created by future development are not addressed by these regulations; The Applicant recommends the remaining four mitigation methods (e.g. conveyance of property on-site, off-site units, payment of fees-in-lieu, and conveyance of property off-site) only be available to developers when one of the following findings are made by the applicable governing body: • That implementation of the on-site unit mitigation method would be contrary to the intent and purpose of the applicable zone district.. • That implementation of the on-site unit mitigation method would be contrary to the goals of the applicable elements of the Vail Comprehensive Plan and the Town's development objectives. • That exceptional or extraordinary circumstances or conditions apply to the site that prevents the implementation of the on-site unit mitigation method. • That the method of mitigation proposed better achieves the intent and purpose of this Chapter and general and specific purposes of this Title than the on-site mitigation unit method. � The Applicant and the Vail Local Housing Authority also recommend the following additions and/or changes to Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning. • There is no prioritization of the mitigation methods for all other types of development projects. • Establishing that any required mitigation of less than 1.25 employees or any remaining unit floor area of less than 438 sq. ft. may always be provided through the fee-in-lieu mitigation method; • Establishing that projects resulting in a total mitigation requirement of less than 1.25 employees or less than one whole unit will be reviewed administratively; • Establishing policies to address potential requests to modify an approved Employee Housing Plan; • Creating a new EHU "type" category in the Town Code for any unit used to mitigate a commercial linkage or inclusionary zoning requirement. This is necessary to distinguish these mitigation units from the other six types of EHUs already allowed within the Town of Vail; • Clarifying that the intent of Table 23-2, Size of Employee Housing Units, for Commercial Linkage was that a three bedroom unit and any unit with more than three bedrooms mitigate at the same rate of 3.5 employees; • Clarifying the Mitigation Banking regulations; • Allowing mitigation types of EHUs as permitted uses in the applicable zone districts, rather than conditional uses. Staff has identified the proposed changes to be made in the attached draft Ordinance (Attachment B). Text that is to be deleted is in �#Fe�#fe��, text that is to be added is in bold, and sections of text that are not to be amended may be omitted. III. BACKGROUND • There is a substantial, direct, and rational connection between the need for housing of employees generated by new development and redevelopment and the requirements for the provision of employee housing, as documented in the report entitled, "Town of Vail Nexus/Proportionality Analysis for Emplovee Housinq Mitiqation Proqrams." It is the Town Council's goal to provide housing for at least thirty percent (30%) of the net new employees generated from residential and commercial development in the Town of Vail through the conjunctive efforts of Commercial Linkage and Inclusionary Zoning. • On April 3, 2007, the Vail Town Council adopted Ordinances Nos. 7 and 8, establishing Chapter 23, Commercial Linkage and Chapter 24, Inclusionary Zoning of the Vail Town Code for the purpose of requiring new development and redevelopment to provide a reasonable and appropriate percentage of new employee housing which has a nexus to new job generation. At its December 11, 2007, public hearing, the Planning and Environmental Commission requested Staff bring forward recommendations for amendments to Chapters 12-23, Commercial Linkage, and 12-24, Inclusionary Zoning, to better define the Commission's role in reviewing Employee Housing Plans and to clarify the priority of the five approved mitigation methods. • The Vail Local Housing Authority discussed the Commission's request at their December 12, 2007, meeting. The Authority determined that the �n-site mitigation method is the highest priority and forwarded a recommendation that half the required employee housing mitigation be required on-site for new construction and demo/rebuild projects. • The Commission discussed this recommendation and numerous other issues related to employee housing at its January 14, 2008, public hearing. • At the Town Council's January 22, 2008, Council Member retreat and again at its subsequent public hearings, the Town Council indicated that providing on-site units is the most desirable employee housing mitigation method and fee-in-lieu is the least desirable method, except when necessary to address partial requirements. • At the February 11, 2008, Planning and Environmental Commission public hearing the Commission requested Staff forward recommendations for amendments to Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning to achieve the following: • Prioritization of the five approved mitigation methods based on value to the community; • Flexibility and/or incentives for better mitigation options rather than a requirement for all on-site mitigation; and • A predictable review process. At the February 14, 2008, special meeting of the Vail Local Housing Authority the Authority again discussed establishing a priority order for the allowed employee housing mitigation methods. At the meeting, the Authority reconfirmed its recommendation: At least half of requisite employee housing mitigation must be provided on-site for all new development and demo-rebuild projects where Commercial Linkage and Inclusionary Zoning apply. Without this requirement the Authority does not believe that on-site unit mitigation will be pursued by developers. Much of the discussion regarding the available mitigation options has centered on calculation formulas, financial parity, who would manage the development of housing projects, and the like. However, if these arguments are set aside and the question is asked "what scenario is in the best interest of the community from a long-term � IV. planning standpoint", it becomes clear that on-site employee housing will provide: • The most certain delivery of employee housing; • The greatest reduction in vehicular traffic (and associated noise and pollution) by employees; • The greatest reduction in public parking needs by employees; • Reduce the loading of employee volume on our public transportation systems; • Best retain employee spending in town of Vail service businesses; and • Most effectively create the energy of a vibrant, lived-in community in our resort core and commercial areas. Additionally, the Authority recommends: The remaining requisite mitigation be provided via any of the five allowed employee housing mitigation methods, or a combination thereof, at the developer's discretion. This recommendation is based on the Authority's belief that today all five mitigation methods provide value to the community. The Housing recommended requirement. Authority does support adding three of the staff criteria to allow for relief from the on-site The Authority does not recommend adopting language that allows a developer to provide a creative or "superior" employee housing mitigation plan that could no longer require at least half of the requisite employee housing mitigation be provided on-site. The Housing Authority is also committed to annually reviewing the priority of the five employee housing mitigation methods and offering their recommendation to the Vail Town Council. This review is anticipated in March of each year to coincide with the annual review of the fee-in-lieu rates. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application. 5 l�! Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Vail Local Housing Authority: The Vail Local Housing Authority is responsible for forwarding a recommendation to the Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. APPLICABLE DOCUMENTS Staff believes the following documents are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS Chapter 12-1, Title, Purpose and Applicability (in part) Section 12-1-2: Purpose A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious developmenf of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 8. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. C� 4. To promote adequate and appropriately located otf street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among /and uses, consistenf with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of fhe town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viab/e community. Chapter 12-3: Administration and Enforcement: (in part) 12-3-7: AMENDMENT: C. Criferia and Findings: 2. Prescribed Regulations Amendment: a. Factors, Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors wifh respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and 2. The extent to which fhe text amendment would better implemenf and betfer achieve the applicable elements of fhe adopted goals, objectives, and policies outlined in fhe Vail comprehensive plan and is compatible with the development objectives of the town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent wifh municipa! development objectives; and 7 5. Such other factors and criteria the commission and/or council deem applicable to the proposed text amendment. Chapter 13: Employee Housing: (in part) 12-13-1: Purpose: The town's economy is largely tourist based and the health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependenf upon a strong, high quality and consistently available work force. To achieve such a work force, the community musf work to provide quality living and working conditions. Availability and affordability of housing plays a critical role in creating quality living and working conditions for the community's work force. The town recognizes a permanent, year round population plays an important role in sustaining a healthy, viab/e community. Further, the town recognizes its role in conjunction with the private sector in ensuring housing is availab/e. Chapter 23: Commercial Linkage: (in part) 12-23-1: Purpose and Applicability: A. The purpose of this chapter is to ensure that new commercial development and redevelopment in the town provide for a reasonable amount of employee housing to mifigate the impact on emp/oyee housing caused by such commercial development and redevelopment. Chapter 24: Inclusionary Zoning: (in part) 12-24-1: Purpose and Applicabilify: A. The purpose of this chapter is to ensure that new residential developmenf and redevelopment in the town of Vail provide for a reasonab/e amount of employee housing to mitigate the impact on employee housing caused by such residential development and redevelopment. TOWN OF VAIL LAND USE PLAN Chapter II: Land Use Goals/Policies (in part) 5. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.2 Quality time share unifs should be accommodated to help keep occupancy rates up. 5.3 Affordable employee housing shou/d be made availab/e through private efforfs, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 8 5.4 Residential growth shou/d keep pace with the market place demands for a full range of housing types. 5.5 The existing emp/oyee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sifes throughout the community. VAIL VILLAGE MASTER PLAN Chapter V: Goals, Objectives, Policies and Action Steps (in part) Goal #2: To foster a strong tourist industry and promote year-around economic health and viabilify for the village and for the community as a whole. 2.6 Objective: Encourage the development of affordable housing unifs through the efforts of the private sector. 2.6.1 Policy: Emp/oyee housing; units may be required as part of any new or redevelopment project requesting density over thaf allowed by existing zoning. 2,6.2 Policy: Employee housing, shall be developed with appropriate restrictions so as to insure their availability and atfordability to the local work force. 2.6.3 Policy: The Town of Vail may facilitate in the development of affordable housing by providing limited assistance. LIONSHEAD REDEVLOPMENT MASTER PLAN Chapter 4: Master Plan Recommendation — Overall Study Area 4.9 Housing Recent community surveys and grass-roots planning efforts such as Vail Tomorrow have idenfified the lack of locals housing as the most critical issue facing the Vail community. Early in the Lionshead master planning process, west Lionshead was idenfified as an opportunity area to implement some of the community's housing goals, particularly relating to employee housing. These opportunities and associated issues are ouflined below. 4.9.1 No Net Loss of Employee Housing Ground rule number five of the master plan sfates that there shall be no net loss of employee housing in Lionshead as redevelopment occurs. � Visual Issues 4.9.2 The financial realities of affordable housing often require cost reducing measures, generally involving the quality of detailing, planning, and architectural design. Given fhe strong desire to make these housing projects feasible, it is recommended that some latitude be granted to affordable housing developers. However, it is also important that financial realities not be used as an excuse to produce unsightly, poorly designed, substandard products. Employee housing does not need to match the architectural sophistication of a five star resort development, but it does need to be good quality construction and design. Rivers Edge in Avon is a good example of an attractive yet affordable employee housing project. 4.9.3 Policy Based Housing.Opportunities The first means of implementing housing goals in Lionshead is through policy based requiremenfs such as the employee generation ordinance currently being pursued by the Vail Town Council. As required by a future ordinance, a!I development and redeve/opment projects, as a prerequisite to project approval, should provide housing for employees generafed and to the extent possib/e fhis housing should be located in the Lionshead area. VAIL 20/20 STRATEGIC PLAN Executive Summary (in part) Housin : The high cost of housing and a lack of developable land continue to challenge the community in providing adequate workforce housing. Opportunities exist to increase the amount of employee housing through redevelopment of existing housing, the purchase of deed-restricfed units and through developer requirements. During 20/20, participants placed workforce housing as a top priorify for the community and government leaders to address. Community Values (in part) Diversity: Vail values maintaining a diverse population of residents, workers and visitors, with a broad representation of age, family composition, ethnic background and economic means. Land Use and Development (in part) 20/20 Vision: The pedestrian ambiance and scale of Vail Village and Lionshead continues into 2020, where the European alpine charm of Vail is replicated in its new development. The unique character of Vail is evident from the Tyrolean building style that speaks of Vail's history, to the mountain contemporary style that heralds fechnological advancement. The vibrant mixed-use pedesfrian core areas of Vail attract guests, residents and businesses. The diversity of businesses within the core areas provides something for everyone and the new affordab/e housing options are seamless/y integrated into the community's fabric. 10 Growth has been carefully managed to be sustainable and complementary to the natural environmenf. 20/20 lmplementation: Based on input from the community during the 20/20 process, town staff developed the following goals and action strategies to support the land use and development vision. The goals also reflect the common themes heard from the community during the 20/20 process, including a need for more emp/oyee housing, increased environmental sustainability, reduction of I-70 impacts and managed growth. Goa/ #4: Provide for enough deed-restricted housing for at /east 30 percent of the workforce through policies, regulations and publicly initiated development. Actions/Strategies • Update housing regulations to include more zone districts that are required to provide employee housing. • Redevelop Timber Ridge to increase number of employee beds. • Use employee housing fund for buy-downs and other programs that will increase the number of employees living within the town. • Address the zoning regulations to provide more incentives for developers to build employee housing units. Housing (in part) 20/20 Vision: The number of employees living within the town has steadily increased, thanks to the town's commitment to ensure affordability and availability of housing. The number of deed-restricted rental and for- sa/e units required of both private and public projects has increased. The diversity of deed-restricted units can accommodate the seasona/ worker, as well as all levels of year-round employees, including those with families. Housing in general has been transformed to include green building standards. 20/20 Implementation: Based on input from 20/20 process, town staff with the Vail developed the following goals and action housing vision. the communify during the Local Housing Authority, strategies fo support the Goal: The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more emp/oyees living in the town, and will provide for enough deed-restricted housing for at /east 30 percent of the workforce through policies, regulations and publicly initiated development. � 11 Actions/Strategies: • Research and propose next steps for strengthening the town's inclusionary zoning and commercia! linkage policies, including requirements for more zone districts. • Research parking requirements for employee housing and consider reducing requirements for employee housing developments. • Ensure pay-in-lieu funds generate as many workforce housing units as possible. • Establish protocol for disbursement of dedicated housing fund resources. Research and secure potentia! alternative (besides pay-in-lieu) funding sources for employee housing. EAGLE COUNTY HOUSING NEEDS ASSESSMENT, 2007 (see Attachment C) SECTION 8- HOUSING NEEDS AND GAPS Keep Up Needs Housing Demand from Job Growth - According fo employment forecasts developed by the Colorado Department of Local Affairs, Eagle County will have a net gain of over 4,400 jobs in the next three years and approximately 10, 300 additional jobs by 2015. Job growth in Eagle County will be the result of expansion by existing employers, new residential development and new commercial/industrial development. Of employers surveyed, 41 percent indicated they plan a net increase in jobs in the next two years. Given employment growth over the seven-year period between 2000 and 2007 of 7, 222 jobs (1, 032 per year), the estimafed increase of 10, 316 jobs in the eight years between now and 2015 (1, 290 per year) may be slightly over stated. The 4, 776 additional housing units needed to accommodate new jobs by 2015 should, therefore, be viewed as the maximum number likely to be needed solely to support employment growth. Gaps There is a significant gap between the current demand (cafch-up) units and fhe number of units available as of April, 2007. The difference of 3, 398 units between current demand for 4, 446 units and currenf listings of 1,048 units represents the magnitude of the gap between what residents and in-commuting employees want for housing and what the free market is providing. The difference for each AMI category represents the net demand between what residents and in-commuters can afford and the free market price of units. The gap is largest in the federal and state housing incomes equal to or less 12 81 to 120 percent AMI range. Since programs only serve households with than 80 percent AMl (Low Income Housing Tax Credits and several grant programs have even lower income eligibility standards) addressing the gap in the 81 to 120 percent AMI range will require parfnering with private developers and other local solutions that do not rely on funding from outside of Eagle County. Proportionately, households with incomes greater than 140 percent AMI are the best served by the free market, with units available to meet approximately 64 percent of current demand. These figures are dynamic; additional units will be pfaced on the market during 2007 that will slightly lower the gap. With 88 percent of the current listings affordable only for households with incomes greater than 140 percent AMI, the change should not significantly impact planning for solutions to address catch-up demand. EAGLE COUNTY HOUSiNG NEEDS ASSESSMENT, 1999 (see Attachment D) Section 9: Conclusions and Recommendations (in part) • Develop county-wide commercial linkage and inclusionary zoning programs. Requiring emp/oyers to provide housing for employees is supported by nearly 70% of the county's residents. Well over half support requiring that a percentage of all new homes be designated for emp/oyee housing. . Develop affordable housing throughout the county except for seasona/ workers, whose housing should be concentrated in Vail. VI. REVIEW CRITERIA 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and These regula#ions were adopted in April, 2007, and mitigation was intended to provide developers with prescribed employee housing mitigation requirements. As implementation of the requirements has occurred, it appears there is a need to clarify requisite Employee Housing Plan expectations to achieve desired outcomes as well as better define ce�tain aspects contained within the regulations. Staff believes the proposed text amendments clarify the existing regulations and will continue to further the general and specific purposes of Title 12, Zoning Regulations, and Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning. Staff believes the proposed text amendments are consistent with the Zoning Regulation's general purpose "to promofe the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality." 13 Staff believes the proposed text amendments are consistent with the Zoning Regulation's specific purposes: "3. To promofe safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 11. To ofherwise provide for the growth of an orderly and viable community. " Staff also believes the proposed text amendments are consistent with the purposes of the Employee Housing, Commercial Linkage, and Inclusionary Zoning chapters of the Zoning Regulations that state: "12-13-1: Purpose: The town's economy is Iargely tourist based and the health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a strong, high quality and consistently available work force. To achieve such a work force, the community must work to provide quality living and working conditions. Availability and affordabilify of housing plays a critical role in creating quality living and working conditions for the community's work force. The town recognizes a permanent, year round population plays an important role in sustaining a healthy, viable community. Further, the town recognizes its role in conjunction with the private sector in ensuring housing is available." "12-23-1: Purpose and Applicability: The purpose of this chapter is to ensure that new commercial development and redevelopment in the town provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such commerciaf development and redevelopment." "12-24-1: Purpose and Applicability: The purpose of this chapter is to ensure that new residential development and redevelopment in the town of Vail provide for a reasonab/e amount of employee housing to mitigate the impact on employee housing caused by such residential development and redevelopment. " 14 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vait Comprehensive Plan and is compatible with the development objectives of the Town; and As Commercial Linkage and Inclusionary Zoning only address a small percentage of net new employees generated by new development and redevelopment it is imperative that each development mitigate its own employee housing requirements on-site. Looking into the future there will be no alternatives to providing employee housing within the Town of Vail. Additionally, the employee housing regulations do not even address a majority of new or existing employees. As Staff began to analyze the five approved mitigation methods to understand what modifications may be required to "equalize" the value of each of the mitigation methods it became apparent that if the community preferred on-site mitigation this was only going to be achieved by requiring on-site mitigation. Initially Staff looked at small incremental increases to each of the methods in order to create parity. Through analysis it became apparent that ensuring on-site is the preferred mitigation method and on-par with fee-in-lieu or other mitigation methods, dramatic changes would �be necessary and would likely still not create the desired on-site mitigation outcome. A copy of this analysis has been attached for reference (Attachment A). To address the Commission's request for flexibility, a finding is proposed to provide a developer relief from the on-site unit mitigation requirement. • That the method of mitigation proposed better achieves the intent of this Chapter than the on-site mitigation method. To address developer's concerns about predictability, the proposed recommendations provide developers with the most predictable employee housing review process possible. It clearly identifies and requires the community's most valued employee housing mitigation method while allowing relief from the requirement if it is contrary to: The intent and purpose of the applicable zone district; The goals of the applicable elements of the Vail Comprehensive Plan and the Town's development objectives; and The unique conditions or circumstances that exist on the site or structure. Staff believes the text amendments are proposed to further refine expectations for requisite employee housing mitigation and elaborate on specific sections of the regulations. The proposed text amendments are necessary to more clearly state the community's goal of on-site employee housing. The proposed text amendments are also necessary to achieve this goal in a simple and direct manner. Staff believes the proposed 15 amendments will better achieve the Town's stated goal of housing 30% of the workforce within the community than the existing regulations. Staff believes the proposed text amendments would better implement and better achieve the following adopted goals, objectives and policies of the Vail Land Use Plan: "5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 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. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 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." Staff believes the proposed text amendments would better implement and better achieve the following adopted goals, objectives and policies of the Vail Village Master Plan: "Goal #2: To foster a strong tourist industry and promote year- around economic health and viability for the village and for the community as a whole. " "2.6 Objective: Encourage the development of affordable housing units through the efforts of fhe private sector. 2. 6.1 Policy: Employee housing; units may be required as part of any new or redevelopment project requesting density over that allowed by existing zoning. 2.6.2 Policy: Employee housing, shall restrictions so as to insure to the local work force. be developed with appropriate their availability and affordability 2.6.3 Policy: The Town of Vaif may facilitate in tlie development of affordable housing by providing limited assistance." Sfaff believes the proposed text amendments would better implement and better achieve the following adopted goals, objectives and policies of the Lionshead Redevelopment Master Plan: 16 "4.1 Housing Recent community surveys and grass-roots planning efforts such as Vai! Tomorrow have identified the lack of locals housing as the most critical issue facing the Vail community. 4.9.3 Policy Based Housing Opportunities The first means of implementing housing goals in Lionshead is through policy based requirements such as the employee generation ordinance currently being pursued by the Vail Town Council. As required by a future ordinance, all development and redevelopment projects, as a prerequisite to project approval, should provide housing for employees generated and to the extent possible this housing should be located in the Lionshead area." Staff believes the proposed text amendments would better implement and better achieve the following adopted goals, objectives and policies of the Vail 20/20 Strategic Plan: "Land Use Goal #4: Provide for enough deed-restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. Actions/Sfrategies . Update housing regulations to include more zone districts that are required to provide employee housing. • Redevelop Timber Ridge to increase number of employee beds. • Use employee housing fund for buy-downs and other programs that will increase the number of employees living within the town. • Address the zoning regulations to provide more incentives for developers to build employee housing units." "Housing Goal: The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town, and will provide for enough deed-restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. Actions/Strategies: . Research and propose next steps for strengfhening the town's inclusionary zoning and commerciaf linkage policies, including requirements for more zone districts." Staff believes the proposed text amendments would better implement and better achieve the following adopted goals, objectives and policies of the Eagle County Housing Needs Assessment: 17 "Develop county-wide commercial linkage and inclusionary zoning programs. Requiring employers to provide housing for employees is supported by nearly 70% of the county's residents. Well over half support requiring that a percentage of all new homes be designated for employee housing. Develop affordable housing throughout the county except for seasonal workers, whose housing should be concentrated in Vail." 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Staff believes the proposed text amendments are a response to the actual implementation of new regulations adopted in April, 2007. These regulations allow developers full discretion to choose which existing employee housing mitigation works best to their advantage. However, the results of these existing regulations are not achieving the Town's stated goals and priorities of creating additional on-site units. A system or incentives, or disincentives, could be created to encourage the construction of morE on-site units; however, this approach further complicates the Commercial Linkage and Inclusionary Zoning regulations and still does not ensure the community will achieve its housing goals. The proposed text amendments are necessary to more clearly state the community's goal of on-site employee housing. The proposed text amendments are also necessary to achieve this goal in a simple and direct manner. � 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. Employee Housing Units are allowed in 23 of the Town's 26 zone districts. They are only prohibited in Heavy Service (the three existing gas station sites) and two of the open space districts (Natural Area Preservation District and Outdoor Recreation District). As permitted or conditional uses, the construction of Employee Housing Units in these 23 zone districts is encouraged and is inherently consistent with the Town's development objectives. As described in criteria #1 and #2 above; employee housing requirements in general and employee housing regulations specifically related to on- site units are consistent with the goals and objectives of the Town's Zoning Regulations, Land Use Plan, Vail Village Master Plan, Lionshead Redevelopment Master Plan, 20/20 Strategic Plan, and the Eagle County Housing Needs Assessment. 18 Staff believes the proposed text amendments will continue to facilitate and provide a harmonious, convenient, workable relationship among land use regulations that are consistent with the Town of Vail master plans and development objectives. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. VII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval of the text amendments outlined in the attached Draft Ordinance No. 1, Series of 2008. Should the Planning and Environmental Commission choose to recommend approval of this request; Staff recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approva! of staff's recommended text amendments for prescribed regulation amendments to Chapters 12-13, Employee housing, 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criferia related to mitigating employee housing requirements, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section VI this memorandum, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of fhe adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes 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 fhe highest quality." 19 VIII. ATTACHMENTS A. Comparison of Mitigation Methods B. Draft Ordinance No. 1, Series of 2008. C. Eagle County Housing Needs Assessment, 2007 D. Eagle County Housing Needs Assessment, 1999 20 � Attachment A • As commercial linkage and inclusionary zoning exist today there is no priority order in the methods of mitigation. • The regulations apply to each method of mitigation equally. • The existing regulations, related to mitigation methods, are not providing the mitigation results the community most values. • Without dramatic policy change it may not be possible to achieve the desired employee housing mitigation. • The examples below illustrate the existing regulations, equally weighted mitigation methods, as well as attempting to prioritize mitigation methods with weighted mitigation rates. Hypothetical Residential Project 126,311 square feet of new residential development 126,311 sq ft x 10% Inclusionary Zoning = 12,631 sq ft Mitigation Methods Today Value/Sq Ft Est. Cost On-Site Sq Ft 10% 12,631 $500 $6,315,500 Off-Site Sq Ft 10% 12,631 $100 $1,263,100 i Fee-in-Leiu 10% 12,631 $236.65 $2,989,126 Mitigation Methods Equally Weighted Value/ Sq Ft Est. Cost On-Site Sq Ft 10% 12,631 $500 $6,315,500 Off-Site Sq Ft 50% 63;155 $100 $6,315,500 I Fee-in-Lieu 21.25% 26,841 $236.65 $6,351,923 Mitigation Methods with Priority Value/Sq Ft Est. Cost On-Site Sq Ft 10% 12,631 $500 $6,315,500 Off-Site Sq Ft 65% 82,102 $100 $8,210,200 � Fee-in-Lieu 35% 44,209 $236.65 $10,462,024 T O O 3 � O O 3 � O O 3 cu � 3 � co � � �; m � � �; �. � � � �. � � � �. � � � � m m r• � in m ,� � m m r• c � -Q � c � -Q � c � � � � � � � � � � � � � � � S N S S � O � � � O � ,� � O O. Q Q. o (� O y jV O O y O O O N \ \ o c � \ o � \ \ � O ` o '" c a � rn � � � w oo � °' -� -� -� .c -� � v � v oo v � v v v ao rn O cn w rn rn rn rn c� � v � � � � � � � � � � cc � � < tfl m � � nCi W Efl Efl � W � ffl � C. 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C N � '� � �� n � Attachment B DRAFT ORDINANCE NO. 1 SERIES 2008 AN ORDINANCE AMENDING ARTICLES 12-6A, HILLSIDE RESIDENTIAL DISTRICT; 12-6B, SINGLE-FAMILY RESIDENTIAL DISTRICT; 12-6C, TWO- FAMILY RESIDENTIAL DISTRICT; 12-6D, TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL DISTRICT; 12-6E, RESIDENTIAL CLUSTER DISTRICT; 12-6F, LOW DENSITY MULTIPLE-FAMILY DISTRICT; 12-6G, MEDIUM DENSITY MULTIPLE-FAMILY DISTRICT; 12-6H, HIGH DENSITY MULTIPLE-FAMILY DISTRICT; 12-61, HOUSING DISTRICT; 12-7A, PUBLIC ACCOMMODATION DISTRICT; 12-7B, COMMERCIAL CORE 1 DISTRICT; 12-7C, COMMERCIAL CORE 2 DISTRICT; 12-7D, COMMERCIAL CORE 3 DISTRICT; 12-7E, COMMERCIAL SERVICE CENTER; 12-7F, ARTERIAL BUSINESS DISTRICT; 12-7H, LIONSHEAD MIXED USE 1 DISTRICT; LIONSHEAD MIXED USE 2 DISTRICT; 12-7J, PUBLIC ACCOMMODATION 2 DISTRICT; 12-8A, AGRICULTURAL AND OPEN SPACE DISTRICT; 12-8D, SKI BASE/RECREATION DISTRICT; 12-8E, SKI BASE/RECREATION 2 DISTRICT; 12-96, PARKING DISTRICT; 12-9C, GENERAL USE;, CHAPTER 12-13, EMPLOYEE HOUSING, CHAPTER 12-23, COMMERCIAL LINKAGE, AND CHAPTER 12-24, INCLUSIONARY ZONING, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, on February 25, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of for the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines the provisions of Chapter 12-23, Commercial Linkage and Chapter 12-24, Inclusionary Zoning, Vail Town Code, must be amended to clarify the basis on which Employee Housing Plans shall be reviewed; and, 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 is compatible with the development objectives of the Town, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated February 25, 2008, and the evidence and testimony presented; and, 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 February 25, 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 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 VI of the Staff memorandum dated February 25, 2008, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated February 25, 2008, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Article 12-6A, Hillside Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6A-2: PERMI TTED USES: The following uses shall be permitted in the HR district: Single-family residential dwellings. ' Emp/oyee Housing Units, as further regulated by chapter 13 of this title. , � � Section 2. Article 12-6B, Single Family Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#-�I��g#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-68-2: PERMI TTED USES: The following uses shall be permitted in the SFR district: Single-family residential dwellings. T��1� ' Emp/oyee Housing Units, as further regulated by chapter 13 of fhis title. , � Section 3. Article 12-6C, Two-Family Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#�s�gl3, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6C-2: PERMITTED USES: The following uses shall be permitted in the R district: Single-family residential dwellings. Two-family residential dwellings. T�� Employee Housing Units, as further regulated by chapter 13 of this title. � � � � Section 4. Article 12-6D, Two-Family Primary/Secondary Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#il��#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 92-6D-2: PERMITTED USES: The following uses shall be permitted: Single-family residential dwellings. Two-famify residential dwellings. �.-� ' Employee Housing Units, as further regulated by chapter 13 of this title. � � � • Section 5. Article 12-6E, Residential Cluster District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6E-2: PERMITTED USES: The following uses shall be permitted in the RC district: Multiple-family residential dwellings, including affached or row dwellings and condominium dwellings with no more fhan four (4) units in any new building. Single-family residential dwellings. , Two-family residentia! dwellings. �e-F� employee housing units, as further regulated by chapter 13 of this title. 12-6E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the RC district, subjecf to issuance of a conditiona! use permif in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Business offices, as further regulated by subsection 12-16-7A13 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Professional office, as further regulated by subsection 12-16-7A13 of this title. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. �� ' ' . • . . Emp/oyee Housing Units, as further regulated by chapter 13 of this tit/e. Section 6. Article 12-6F, Low Density Multiple-Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6F-2: PERMITTED USES: The following uses shall be permitted in the LDMF district: Multiple-family residential dwellings, including affached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. E� ee Housing Units, as further regulated by chapter 13 of this title. 12-6F-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditiona! use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. �� • Emp/oyee Housing Unifs, as further regulated by chapter 13 of this tit/e. Section 7. Article 12-6G, Medium Density Multiple-Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6G-2: PERMI TTED USES: The following uses shall be permitted in fhe LDMF district: Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-fami(y residential dwellings. ' Employee Housing Units, as further regulated by chapter 13 of this title. 12-6G-3: CONDITIONAL USES: The following conditional uses shal/ be permitted in the LDMF disfrict, subjecf to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Emp/oyee Housing Units, as further regulated by chapter 13 of this title. Section 8. Article 12-6H, High Density Multiple-Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in °friLofhrn��rrh text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6H-2: PERMITTED USES: The following uses shall be permitted in the HDMF district: Lodges, rncluding accessory eating, drinking, recreational or retail establishments, located within fhe principal use and not occupying more than ten percent (10%) of the total gross residential floor area (GRFA) of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. �1� ' Emp/oyee Housing Units, as further regulated by chapter 13 of this tifle. 12-6H-3: CONDITlONAL USES: The following conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulafed by section 12-14-12 of this title. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Public and private schoo/s. Public buildings, grounds and facilities. Public park and recreafion facilities. Public parking structures. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Timeshare units. Emp/oyee Housing Units, as further regulated by chapter 13 of this tit/e. Section 9. Article 12-61, Housing District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-61-2: PERMI TTED USES: The following uses shall be permitted in the H district: Bicycle and pedesfrian pafhs. � � Employee Housing Units, as further regulated by chapter 13 of this tit/e. Passive outdoor recreation areas, and open space. 12-61-3: CONDITIONAL USES: The following conditional uses shall be permitted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Commercia! uses which are secondary and incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit: Banks and financial institutions. Business offices and professional offices as further regulated by section 12-16-7 of this title. Child daycare facilities. Eating and drinking establishmenfs. Funiculars and other similar conveyances. Health clubs. Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and 8. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA consfructed on the property, and C. Dwelling units are only created in conjunction with employee housing, and D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools. Public buildings, grounds and facilities. Public parks and recreational facilities. Public utilities installations including transmission lines and appurtenant equipment. �^,�; " Employee Housing Units, as further regulated by chapter 13 of this title. Section 10. Article 12-7A, Public Accommodation District, of the Vail Town Code is hereby amended as follows (text to be deleted is in �t�ilc��k�, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7A-2: PERMITTED USES: The following uses shall be permitted in fhe PA district: Lodges, including accessory eating, drinking, or retail establishments locafed within fhe principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on fhe site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. ' Employee Housing Units, as further regulated by chapter 13 of this title. 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with fhe provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Fractional fee club units as further regulated by subsection 12-16-7A8 of this title. Healthcare facilities. Lodges; including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of fhe main structure or structures on the site. Major arcades. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Professional and business offices. Public and private schools. Public buildings, grounds and facilities. Public parking structures. , Public parks and recreational facilities. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Theaters and convention facilities. E�mp yee Housing Units, as further regulated by chapter 13 of this title. Section 11. Article 12-7B, Commercial Core 1 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in ' , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-78-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: B.Permitted Uses: The following uses shall be permitted in basement orgarden levels within a strucfure: 8. �e-l� employee housing units, as further regulated by chapter 13 of this title. 12-78-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: 8. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: 4. �� Employee Housing Units, as further regulated by chapter 13 of fhis title. 12-78-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR: A.Permitted Uses; Exception: The following uses shall be permitted on the second floor above grade within a structure; provided, however, that a conditional use permit will be required in accordance with chapter 16 of this title for any use which eliminates any existing dwelling or accommodation unit or any portion fhereof.� g. T,�� " Employee Housing Units, as further regulated by chapter 13 of this title. 8. Conditional Uses: The following uses shall be permitted on second f/oors above grade, subject to the issuance of a condifional use permit in accordance wifh the provisions of chapter 16 of this title: Dog kennels. Elecfronics sales and repair shops. Household appliance stores. Liquor stores. Luggage stores. Meeting rooms. Outdoor patios. Theaters. �� • Employee Housing Units, as further regulated by chapter 13 of this tit/e. 12-78-5: PERMlTTED AND CONDITIONAL USES; ABOVE SECOND FLOOR: A. Permitted Uses: The following uses shall be permitted on any floor above the second floor above grade: Lodges. Multiple-family residenfial dwellings. ��L � Employee Housing Units, as further regulated by chapter 13 of this title. 8. Conditional Uses: The following uses shall be permitted on any floor above the second floor above grade, subject to the issuance of a conditional use permif in accordance with the provisions of chapter 16 of this title. Any permitted or conditiona! use which eliminates any existing dwelling or accommodation unit, or any portion thereof, shall require a conditional use permit. Such uses may include: 8. T��I-� . Emp/oyee Housing Units, as further regu/ated by chapter 13 of this tit/e. Section 12. Article 12-7D, Commercial Core 3 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s�s�g#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7D-1: PERMI TTED USES: The following uses shall be permitted in the commercial core 3 district: Banks and financial institutions. � Eating and drinking esfablishments, including the following.� Cocktail lounges and bars. Coffee shops. Fountain and sandwich shops. Restaurants. Health clubs. Persona! services and repair shops, including the following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Shoe repair. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Auto parts stores. Bakeries and confectioneries, preparation of products for sa/e on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic sfudios. Candy stores. Chinaware and glassware stores. Delicatessens and speciafty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Florists. Food stores. � Furniture stores. Gift shops. Hardware stores. Health food stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Music and record stores. Newsstands and tobacco stores. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety sfores. Yardage and dry goods stores. �� ' Emp/oyee Housing Units, as further regulated by chapter 13 of this fitle. Additional offices, business, or services determined to be similar to permitted uses in accordance with the provisions of this section. 12-7D-2: CONDI TIONAL USES: The following conditional uses shall be permitted in the commercial core 3 disfrict, subject to issuance of a conditional use permit in accord with the provisions of chapter 16 of this title: Any use permitted by section 12-7D-1 of fhis article which is not conducfed entirely wifhin a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. Brew pubs. Child daycare center. - Commercial laundry and cfeaning services, bulk planf. Commercial storage. Dog kennels. Drive-up facilities. Major arcades. Massage parlors. Outside car wash. Pet shops. Public buildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Radio and television srgnal relay transmission facilities. Theaters, meeting rooms, and convention facilities. Transportation businesses. Emp/oyee Housing Units, as further regulated by chapter 13 of this tit/e. Section 13. Article 12-7E, Commercial Service Center District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12- 7E-3: PERMI TTED USES: The following uses shall be permitted in the CSC district: Banks and financial institutions. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Personal services and repair shops, including fhe following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromafs. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries, including preparation of products for sa/e on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. lo Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Florists. Food stores. Furniture stores. Gift shops. Hardware stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Pet shops. Photographre studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Additional offices, businesses, or services determined to be similar to permitted uses in accordance with the provisions of section 12-7E-2 of this article. Employee housing units as provided in chapter 13 of this tit/e. 12-7E-4: CONDI TIONAL USES: The following conditional uses shall be permitted in the CSC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by secfion 12-7E-3 of this article, which is not conducted entirely wifhin a building. Bed and breakfasts as further regulafed by section 12-14-18 of this fitle. Bowling alley. Brew pubs. Child daycare centers. Commercial laundry and cleaning services. Dog kennels. Major arcades. Multiple-family residential dwellings and lodges. Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this article. Private clubs. Private parking structures. Private unsfructured parking. 11 Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. Employee Housing Units, as further regulated by chapter 13 of this title. Section 14. Article 12-7F, Arterial Business District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7F-3: PERMITTED USES: The following uses shall be permitted in the arterial business district: Eating and drinking establishments, as follows, are permitted on the first (street) level: Cocktail lounges and bars. Coffee shops, fountains, sandwich shops and restaurant. Personal services and repair shops, as follows, are deemed to be generally accessory and/or supportive of office uses and shall be permitted on the firsf (street) level: Beauty and barber shops. Shoe repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices and studios. Radio and television broadcasting studios. Retail stores and establishments, as follows, are deemed to be generally accessory and/or supportive of office uses and are therefore permitted so long as they do nof exceed eight thousand (8, 000) square feet in floor area for each such business use and so long as they are located on the first (street) level: Art supply stores. Bookstores. Drugstores. Florists. Newsstands. Stationery stores. Tobacco stores. Additional offices, businesses or services determined to be similar to permitted uses in accordance with the provisions of section 12-7F-1 of this article. Employee Housing Units, as further regulated by chapter 13 of this title. 12-7F-4: CONDITIONAL USES: A.Enumerated: The following conditional uses shall be permitted in the arterial business district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this fitle: Any use permitted by section 12-7F-3 of this article, which is not conducted entirely within a burlding. Bed and breakfasts as further provided by section 12-14-?8 of this title. Brew pubs. 12 Child daycare centers. Microbreweries. Privafe unstructured parking. Public buildings, grounds and facilifies. Public park and recreation facilities. Public utility and public services uses, including screened outside storage. Service yards. Transportation businesses. Emp/oyee Housing Units, as further regulated by chapter 13 of this title. Section 15. Article 12-7H, Lionshead Mixed Use 1 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#ilc��#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7H-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: 8. Permitfed Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. �/-� � Emp/oyee Housing Units, as further regulated by chapter 13 of this fitle. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provrsions of section 12-3-4 of this title. 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR 4R STREET LEVEL: 8. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. .�.�� ' Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 13 12-7H-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A. Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Accommodation units. Attached accommodation units. Lodges. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and e�+�le. �� Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Section 16. Article 12-71, Lionshead Mixed Use 2 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-71-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: 8. Permitted Uses: The following uses shall be permitted in basemenf or garden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private /ockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. �� " Emp/oyee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-71-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B. Permitted Uses: The following uses shall be permifted on the first floor or streef level within a structure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ficket agencies. T�� ' Emp/oyee Housing Units, as further regulated by chapter 13 of this title. ]4 Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-71-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A. Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor wifhin a structure: Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and e�#��-t�lei �{� ' Employee Housing Units, as further regulated by chapter 13 of this title. Additiona! uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Section 17. Article 12-8A, Agriculture and Open Space District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s�il��l�, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-8A-3: CONDI TIONAL USES: The following conditional uses shall be permitted, subjecf fo issuance of a conditional use permit in accordance with the provisions of chapter 16 oi this tifle: Any use within public parks, recreation areas, and open spaces which involves assembly of more than two hundred (200) persons together in one building or group of buildings, or in one recreation area or other public recreational facility. Cemeferies. Low power subscription radio facilities. Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges. Public and private schools. Religious instifutions. Semipublic and institutional uses, such as convents and religious retreats. Ski lifts and tows. Employee Housing Units, as further regulated by chapter 13 of this fitle, Section 18. Article 12-8D, Ski Base Recreation District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-8D-3: CONDI TIONAL USES: The following conditional uses shall be permitted in the ski base/recreation district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this tifle: Addition or expansion of storage buildings for mountain equipment. Addifions or expansions of public or private parking structures or spaces. Bed and breakfast as further regulated by section 12-14-18 of this title. Child daycare center. Food and beverage cart vending. Public, private or quasi-public clubs. Recreation room/minor arcade. ts Redevelopment of public parks, playgrounds. Redevelopment of ski lifts and tows. Redevelopment of ski racing facilities. Redevelopment of water storage extraction and treatment facilities. Seasonal structures to accommodate athletic, cultural, or educational acfivities. Summer outdoor storage for mountain equipment. Summer seasonal community offices and programs. Employee Housing Units, as further regulated by chapter 13 of this title. Section 19. Article 12-8E, Ski Base Recreation 2 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in st��g#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-8E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreatron 2 district, subject to the issuance of a conditional use permit in accordance with the provisions of chapfer 16 of this title: Brew pubs. Fractional fee units. Outdoor dining decks and patios. Private and public clubs. Public utility and public service uses. Employee Housing Units, as further regulated by chapfer 13 of this title. Additional uses determined to be similar to conditional or permitted uses described in this chapter, in accordance with the provisions of section 12-3-4 of this fitle. Section 20. Article 12-9B, Parking District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-98-3: CONDITIONAL USES: The following conditional uses shall be permitted subjecf fo issuance of a conditional use permit in accordance wifh fhe provisions of chapter 16 of this title: Major arcades. Parks and recreational facilities. Privafe or public off street vehicle parking structures. Public uses, private office and commercial uses thaf are transportation, tourist or town related and fhat are accessory to a parking sfructure. Temporary construction staging sites. For the purposes of this section, a"tenmporary construction staging site" shall mean a site on which, for a temporary period of time, construction materials, heavy construction equipment, vehicles and construction trailers may be stored. Employee Housing Units, as further regulated by chapter 13 of this tit/e. Section 21. Article 12-9C, General Use District, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. Sections of text that are not amended have been omitted.) 16 , 12-9G3: CONDITIONAL USES: A.Generally: The following conditional uses shall be permifted in the GU district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Child daycare centers. Equestrian trails. Golf courses. Healthcare facilities. Helipad for emergency and/or community use. Major arcades. Plant and tree nurseries, and associafed structures, excluding the sale of trees or other nursery products, grown, produced or made on the premises. Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schools. Public and quasi-public indoor community facilities. Public buildings and grounds. Public parking structure. Public theaters, meeting rooms and convention facilities. Public tourisbguest service related facilities. Public transportation ferminals. Public unstructured parking. Public utilities installations including transmission lines and appurtenant equipment. Religious institutions. Seasona/ structures or uses fo accommodate educational, recreational or cultural activities. Ski lifts, tows and runs. Emp/oyee Housing Unifs, as further regulated by chapter 13 of this title. Water and sewage treatment plants. Section 22. Section 12-13-4, Employee Housing, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold. 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F=+ O v�l =v! h�V L L �N�'i V O N d N G� � R '� o•� U �+ V O O O O O W� �� d O d v ci ai .,� � :.UUUh � y y k :: �!� ... �! vl �. _ i9 �V � � � � � � �3 y � 'O � y lL O O O C> V Ct C> � a7 C r�ry t�p9 Y t�i �� V E �� y d c E E m a�i a�i a�iQ ayi ��t�� m�C ao � EEo a•y_ o_ o E E E E°' c-�� V1NiG m my a�w ,c_�.au.cuE6E8cHaikomh a�>y y y�� O 3 C> > V O O O O C> > u! �� .� �! �0 Y C d•� aax�xaQaQ��m��mv�N �000 � N e e � o 0 :: S � � R Q�� a'� � =. ►°v E � � 0 0 N O y a� 'c � � N Section 23. Chapter 12-23, Commercial Linkage, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bo/d): 12-23-1: PURPOSE AND APPLICABILITY: A. The purpose of this Chapter is to ensure that new commercia! development and redevelopment in the Town provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such commercial development and redevelopment. 8. Except as provided in Section 12-23-5, this Chapter shall apply to a!1 new commercial development and redevelopment located within the following zone districts: 1. High Densify Multiple Family (HDMF); 2. Public Accommodation (PA); 3. Public Accommodation 2 (PA2); 4. Commercial Core 1 (CC1); 5. Commercial Core 2 (CC2); 6. Commercial Core 3 (CC3); 7. Commercial Service Center (CSC); 8. Arterial 8usiness (ABD); 9. General Use (GU); 10. Heavy Service (HS); 11. Lionshead Mixed Use 1(LMU1); 12. Lionshead Mixed Use 2(LMU2); 13. Ski Base/Recreation (SBR); 14. Ski Base/Recreation 2 (SBR2); 15. Parking District (P); and 16. Special Development (SDD). C. The requirements of this Chapter shall be in addition to all other requirements of this Code. D. When any provision of this Chapter conflicts with any other provision of fhis Code, the provision of this Chapter shall control. 22 Ordinance No. 1, Series of 2008, draft proposing 2, 500 square feet of new net floor area for an eating and drinking establishment, the equation would be as follows: ((2, 500 square feet = 1, 000 square feet) x(6. 75)) = 16. 875 new employees generated 16.875 new employees generated x 20% = 3.375 employees to be housed 12-23-3: SIZE AND BUILDING REQUlREMENTS: A. Table 23-2, Size of Employee Housing Units, establishes the minimum size of EHUs and the number of employees that can be housed in each. A!1 EHUs shall meet or exceed the minimum size requirements. TABLE 23-2 SIZE OF EMPLOYEE HOUSING UNITS Type of Unit Minimum Size Number of (GRFA) Employees Housed Dormitory 250 1 Studio 438 �.25 One-Bedroom 613 1.75 Two-Bedroom 788 2.25 Three or More - 1,225 3.5 Bedroom B. Every EHU shall contain a kitchen facility or kitchenette and a bathroom. C. Alf trash facilities shall be enclosed. D. Parking shall be provided as required by this Title. E. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unif to which it may be attached. . _n:�rar�* .. . _ 24 Ordinance No. 1, Series of 2008, draft 12-23-2: EMPLOYEE GENERATION AND MITIGATION RATES: A. The employee generation rates found in Table 23-1, Employee Generation Rates by Type of Commercial Use, shall be applied to each type of use in a commercial developmenf. For any use not listed, the Administrator shall determine the applicable employee generation rate by consulting the Town's current nexus study. TABLE 23-1 EMPLOYEE GENERATION RATES 8�' TYPE OF COMMERCIAL USE Type of Use Employee Generation Rates Retai/ Store/Personal 2.4 Employees per 1,ODQ feet of new Service/Repair Shop net floor area Business Office and Professional 3.2 Employees per 1, 000 feet of new Office (excluding Rea/ Estate net floor area Office) Accommodation Unit/Limited 0.7 Employees per net new units Service Lodge Unit Real Estate Office 5.1 Empioyees per 1, 000 feet of new net floor area Eating and Drinking 6.75 Employees per 1,000 feet of Establishment new net floor area Conference Facility 0.8 Employees per 1, 000 feet of new net floor area Health Club 0.96 Employees per 1,000 feet of new net floor area Spa 2.1 Employees per 1, 000 feet of new net floor area 8. If an applicant submits competent evidence that the employee generation rates contained in Table 23-1 or the nexus study do not accurately reflect the number of employees generated by the proposed commercial development or redevelopment and the Administrator finds that such evidence warrants a deviation from those employee generation rates, the Administrator shall allow for such a deviation as the Adminisfrator deems appropriate. C. Each commercial development or redevelopment shall mitigate its impact on employee housing by providing EHUs for twenty percent (20%) of the employees generated, pursuant to Table 23-1, or fhe nexus study, in accordance with the requirements of this Chapter. For example, for a developmenf 23 Ordinance No. 1, Series of 2008, draft 12-23-4: REDEVELOPMENT.� Employee housing impacts need only be mitigated for a redevelopment that results in a greater number of employees generated from an increase in net floor area, or an increase in the number of accommodation units or limited service lodge units in the redevelopment; provided however, that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced in addition to the other requirements of this Chapter. 12-23-5: EXEMPTIONS: The following shall be exempt from this Chapter: 1. The redevelopment of existing commercial development, if no new net floor area, accommodation units, or limited service lodge units are created; and 2. The construction of EHUs. 12-23-6: METHODS OF MITIGATION: A. For all new construction and demo/rebuild projects that resu/t in a mitigation requirement of 1.25 employees or greater, the mitigation of emp/oyee housing required by this Chapter shall be accomplished with on-site units. 1, Excepfions: At the so/e discretion of the applicable governing body, an exception may be granted from this on-site unit requirement should the applicab/e governing body make one of the following findings: a. Thaf implementation of the on-site unit mitigation method would be contrary to the intent and purpose of the applicable zone district. b. That implementation of the on-sife unit mitigation method would be contrary to the goa/s of the applicab/e elements of the Vail Comprehensive Plan and the Town's development objectives. c. That exceptional or extraordinary circumstances or conditions app/y to the site that prevents the imp/ementation of the on-site unit mitigation method. d. That the method of mitigation proposed better achieves the intent and purpose of this Chapter and general and specific purposes of this Tit/e than the on-site mitigation unit method. 25 Ordinance No. 1, Series of 2008, draft 2. All on-site EHUs shall be deed restricted as a"Type !V-CL" (type four, commercial linkage mitigation) or "Type Vll-CL" (type seven, commercial linkage mitigation) EHU in accordance with Chapter 12-13, Emp/oyee Housing, of this Tit/e. 3. At the so/e discrefion of the applicable governing body, an applicant may provide on-site dormitory style units. 4. An applicant may provide a payment of fees-in-lieu for any fractional remainder of the requirement generated under this Chapter totaling /ess than 1.25 employees. A- B. For Secfion 12-23-6A Chapter shall be following methods: all development projects, except those mitigated by above, fhe mitigation of employee housing required by this accomplished through one, or any combination, of the On-site units. a. > > , . All on-site EHUs shall be deed restricted as a"Type /V-CL" (type four, commercial linkage mitigation) or "Type V/l-CL" (type seven, commercial linkage mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Tit/e. b. m #�e—s��dfss�et��r—�,"�,°�a�a+r�g--a�d , � , , � At the sole discretion of the applicable governing body, an applicant may provide on-site dormitory sty/e units. 2. Conveyance of property on-site. An applicant may convey on-site real property to the Town on which no covenants, restrictions or issues exist that would limit the construction of EHUs, at the sole discretion of the Town Council. This method does not mitigate the on- site unit requirements of Section 12-23-6A above. 3. Off-site units. a. The requisite number of EHUs, or a portion thereof, may be provided off-site within the Town, provided that such EHUs are deed restricted in accordance with this Chapter. b. At the so/e discretion of the Planning and Environmental Commission, an applicant may provide off-site dormitory units, unless the application is for a Special 26 Ordinance No. 1, Series of 2008, dra(t Development District, in which case, the Town Council, in its sole discretion, may accept dormitary units as a method of mitigation. . • � ' a. The fee-in-lieu for each employee to be housed shall be established annually by resolution of the Town Council, provided that, in calculating that fee, the Town Council shall include the net cost (total cost less the amount covered by rental or sale income) of real prope►ty and all related planning, design, site development, legal, construction and construction management costs of the project, in current dollars, which would be incurred by the Town to provide housing for the employee to be housed in that year. b. An administrative fee, established by resolution of the Town Council, shall be added to the amount set forth in paragraph a hereof. c. Fees-in-lieu shall be due and payable prior to the issuance of a building permit for the development. d. The Town shall only use monies collected from fees-in-lieu to provide new employee housing. 5. Conveyance of property off-site. The Town Council may, at its sole discretion, accept the conveyance of property off-site in lieu of requiring the provision of EHUs, provided that no covenants, restrictions or issues exist on such property that would limit the construction of EHUs. . . 12-23-7: MITIGATION BANK: A. The Town will provide credit for any EHUs construcfed on-site, constructed off-site, or otherwise acquired in anticipation of future commercial development or redevelopment, provided that fhose EHUs meet all applicable requirements of this Title. However, the construction or acquisition of EHUs in anticipation of future development is af the sole risk of the applicant, because the commercial development shall be subject to all regulations pertaining to EHUs which are in effect at the time the applicaiion for commercial development review is submitfed to the Town, even if those regulations change after the EHUs are constructed. 27 Ordinance No. 1, Series of 2008, draft 8. It shall be the applicant's responsibility to provide documentation of any existing EHU credit upon submission of an application for development review. If the applicant cannot adequately document such credits, the Town shall not be obligated to provide such credit. 12-23-8: ADMINISTRATION: A. Each application for development review, except those exempt per Section 12-23-5, shall include an employee housing plan e��pt-ie�which includes the following: 1. Calculation Method. The calculation of employee generation, including credits if applicable, and the mitigation method by which the applicant proposes to meet the requirements of this Chapter, 2. Plans. A dimensioned site plan and architectural floor plan that demonstrates compliance with Section 12-23-3, Size and Building Requirements; 3. Lot Size. The average lot size of the proposed EHUs and the average lot size of other dwelling units in the commercial development or redevelopment, if any; 4. Schedules. A timeline for the provision of any off-site EHUs; 5. Off-Site Units. A proposal for the provision of any off-site EHUs shall include a brief statement explaining the basis of the proposal; 6. Off-Site Conveyance Request. A request for an off-site conveyance shall include a brief statement explaining the basis for the request; 7. Fees-in-lieu. A proposal to pay fees-in-lieu shall include a brief statement explaining the basis of the proposal; and 8. Written Narrative. A wriften narrative explaining how the employee housing plan meets fhe purposes of this Chapter and complies with the Town's Comprehensive Plan. S. B. Governing Body: The Administrator shall approve, approve with modifications or deny an emp/oyee housing plan invo/ving a total mitigation requirement of less than 1.25 emp/oyees. 28 Ordinance No. 1, Series of 2008, draft The Planning and Environmental Commission shall approve, approve with modifications or deny an employee housing plan unless the plan involves a tofa/ mitigation requirement of /ess than 1.25 employees; the deve/opmenf � is located within a Special Development District; or the p/an includes a request to convey property., � � � � The Town Council shall approve, approve with modifications or deny an emp/oyee housing plan for a development /ocated within a Specia/ Deve/opment District or a p/an requesting to convey property. Before granting approval of an employee housing plan, the applicable governing body shall make findings that the employee housing plan conforms to the general and specific purposes of this title, and that the plan is compatible with the applicable elements of the Vail Comprehensive Plan and the deve/opment objectives of the Town. 9- E. If modifications to a submitted application for development review changes the obligations of the applicant under this Chapter, the applicant shall submit a modified employee housing plan. A modification to an employee housing plan shall be reviewed by the body that reviewed the initial empfoyee housing plan, in accordance with the provisions of this Chapter, � F. An approved employee housing plan shall become part of the approved applicafion for developmenf review for the affected site. G. Requests to amend an approved emp/oyee housing plan shall be reviewed in accordance with the procedures described in this Chapter. At the discretion of the Administrator, minor amendments that do not a/ter the basic intent or methodology of the plan may be approved, or approved with modifications, or denied by the Administrator. 12-23-9: OCCUPANCYAND DEED RESTRICTIONS: A. No EHU shall be subdivided or divided into any form of timeshare unit or fractional fee club unit. 8. EHUs shall not be leased for a period less than thirty (30) consecutive days. C. An EHU may be sold or transferred as a separate unit on the site. D. An EHU shall be continuously occupied by an emp/oyee r-ert�ed and shall not remain vacant for a period in excess of three (3) consecutive months unless, despite reasonable and documented efforts to r� occupy the EHU, �ea�a! efforts are unsuccessful. E. No later than February 1 of each year, the owner of an EHU shall submit a sworn affidavit on a form provided by the Town to the Town of Vail Community Development Department containing fhe following information: 29 Ordinance No. 1, Series of 2008, draft 1. Evidence to establish that the EHU has been occupied throughout the year by an employee; 2. The rental rate (unless owner-occupied); 3. The employee's employer, and 4. Evidence to demonstrate that at least one #�� person residing in the EHU is an employee. 12-23-10: TIMING: All EHUs required by this Chapter shall be ready for occupancy prior to fhe rssuance of a temporary certificate of occupancy for the affected commercial development or redevelopment. 12-23-19: VARIANCES: Variances from the requirements of this Chapter may be granted pursuant to the procedures and standards set forth in Chapter 17 of this Title. 12-23-12: REVIEW.� A. Purpose. The Town Council intends that the application of this Chapter not result in an unlawful taking of private property without the payment of just compensation, and therefore, the Town Council adopts the review procedures set forth in this Section. 8. Planning and Environmental Commission review. Any applicant for commercial development who feels that the application of this Chapter would effect an unlawful taking may apply to the Planning and Environmental Commission for an adjustment of the requirements imposed by this Chapter. If the Planning and Environmental Commission determines thaf the application of this Chapter would result in an unlawful taking of private property without just compensation, the Planning and Environmental Commission may alter, lessen, or adjust employee housing requirements as applied to the particular project under consideration to ensure thaf fhere is no unlawful uncompensated taking. C. Town Council review. If the Planning and Environmental Commission denies the relief sought by an applicant, the applicant may request a hearing before the Town Council. Such hearing shall be a quasi judicial hearing and conducted according to the Town's rules and regulations regarding quasi- judicial hearings. At such hearing, the burden of proof shall be on the applicant to establish that the fulfillment of fhe requirements of this Chapter would effect an unconstitutional taking withouf just compensation pursuant to applicable law. If the Town Council determines that the application of this Chapfer would effect an illegal taking without just compensation, the Town Council may alter, lessen, or adjust the employee housing requirements as applied to fhe particular project under consideration to ensure that no illegal uncompensated taking occurs. The decision of the Town Council shal! be final, subject only to judicial review. 30 Ordrnance No. 1, Series of 2008, draft 0 Section 24. Chapter 12-24, Inclusionary Zoning, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold): 12-24-1: PURPOSE AND APPLICABILITY: A. The purpose of this Chapter is to ensure that new residential development and redevelopment in the Town of Vail provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such residenfial development and redevelopmenf. 8. This Chapter shall apply to all new residential development and redevelopment located within the following zone districts, except as provided in Section 12-24-5: 1. High Density Multiple Family (HDMF); 2. Public Accommodation (PA); 3. Public Accommodation 2 (PA2); 4. Commercial Core 1 (CC1); 5. Commercial Core 2 (CC2); 6. Commercial Core 3 (CC3); 7. Commercial Service Center (CSC); 8. Arterial8usiness (ABD); 9. General Use (GU); 10. Heavy Service (HS); 11. Lionshead Mixed Use 1(LMU1); 12. Lionshead Mixed Use 2(LMU2); 13. Ski Base/Recreation (SBR); 14. Ski Base/Recreatron 2 (SBR2); 15. Parking District (P); and 16. Special Development (SDD). C. The requirements of this Chapter shall be in addition to all other requirements of this Code. D. When any provision of this Chapter conflicts with any other provision of this Code, the provision of this Chapter shall controf. 31 Ordinance No. 1, Series of 2008, draft 12-24-2: EMPLOYEE HOUSING REQUIREMENTS: Every residential development and redevelopment shall be required to mitigate its direct and secondary impacts on the Town by providing employee housing at a mitigation rate of ten percent (10%) of the total new GRFA. For example, for a development proposing 5, 500 square feet of new GRFA, the calculation would be as follows: 5,500 square feet of new GRFA x 10% mitigation rate = 550 square feet of employee housing to be provided 12-24-3: BUILDING REQUIREMENTS: A. Tab/e 24-1, Size of Employee Housing Unifs, establishes the minimum size requirements for EHUs under this Chapter. All EHUs shall meet or exceed the minimum size requirements. TABLE 24-1 SIZE OF EMPLOYEE HOUSING UNITS Type of Unif Minimum Size (GRFA) Dormitory 250 Studio 438 One-Bedroom 613 Two-Bedroom 788 Three or More -Bedroo 1,225 8. Every EHU shall contain a kitchen facility or kitchenette and a bathroom. C. All trash facilities shall be enclosed. D. Parking shall be provided as required by this Title. E. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit to which it may be attached. ser�'�- .. . _ 32 Ordinance No. 1, Series of 2008, draft 12-24-4: REDEVELOPMENT: Employee housing need only be provided for the increase in the GRFA of a redevelopment; provided however, that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced in addition to other requiremenfs of this Chapter. 12-24-5: EXEMPTIONS: The following shal! be exempt from this Chapter: The remodeling of an existing dwelling unit; 2. The replacement of a demolished residential development, provided the replacement structure does not exceed the total GRFA of the original structure; and 3. The construction of EHUs. 12-24-6: METHODS OF MITIGATION: A. For all new construction and demo/rebuild projects that resu/t in a mitigation requirement of 438 sq. ft, or greater, the mitigation of employee hvusing required by this Chapter shall be accomplished wifh on-site units. 1. Exceptions: At the so/e discretion of the applicable governing body, an exception may be granted from this on-site unit requirement shou/d the applicable governing body make one of the following findings: a. That implementation of the on-site unit mitigation method would be contrary to the intent and purpose of the applicab/e zone district. b. That implementation of the on-site unit mitigation method wou/d be contrary to the goa/s of fhe applicable elements of the Vail Comprehensive Plan and fhe Town's development objectives. c. That exceptional or extraordinary circumstances or conditions apply to the site that prevents the implementation of the on-site unit mitigation method. d. That the method of mitigation proposed better achieves the intent and purpose of this Chapter and general and specific purposes of this Title than the on-site mitigafion unit method. 33 Ordinance No. 1, Senes of 2008, draft 2, All on-site EHUs shall be deed restricted as a"Type IV-IZ" (type four, inclusionary zoning mitigation) or "Type Vll-IZ" (type seven, inclusionary zoning mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Tit/e. 3. At fhe sole discretion of the applicable governing body, an applicant may provide on-site dormitory style units. 4. An applicant may provide a payment of fees-in-lieu for any fractional remainder of the requirement generated under this Chapter totaling /ess than 438 sq.ft. of EHU floor area. �1- B. For Section 12-246A Chapter shall be following methods: all development projects, except those mitigated by above, the mitigation of employee housing requrred by this accomplished through one, or any combination, of the On-site units. On-site units. a. > > � . Al/ on-site EHUs shall be deed restricted as a"Type IV-IZ" (type four, inclusionary zoning mitigation) or "Type VII-IZ" (type seven, inclusionary zoning mitigation) EHU in accordance with Chapter 12-13, Emp/oyee Housing, of this Title. b. �,�-R",� sE�e—d+ss�et+ep—�--�#° o►.,nninn �.,�r � , � At the sole discretion of the applica6le governing body, an applicant may provide on-site dormitory style units. 2. Conveyance of property on-site. An applicant may convey on-site real property to fhe Town of Vail on which no covenants, restrictions or issues exisf that would limit the construction of EHUs, at the sole discretion of the Town Council. This method does not mitigate the on-site unit requirements of Section 12-24-6A above. 3. Off-site units. a. The requisite number of EHUs, or a portion fhereof, may be provided off-site within the Town, provided fhat such EHUs are deed restricted in accordance with this Chapter. 34 Ordinance No. 1, Series of 2008, draft b. At the sole discretion of the Planning and Environmental Commission, an applicant may provide off-site dormitory units, unless the application is for a Special Development District, in which case, the Town Council, in its sole discretion, may accept dormitory uniis as a method of mitigation. 4. Payment of fees-in-lieu. a. The fee-in-lieu for each square foot shall be established annually by resolution of the Town Council, provided that in calculating that fee, the Town Council shall include the net cost (total cost less the amount covered by rental or sale income) of real property and all related pfanning, design, site development, legal, construction and construction management costs of the project, in current dollars, which would be incurred by the Town to provide the square feet in that year. b. An administrative fee, established by resolution of the Town Council, shall be added to the amount set forth in paragraph a hereof. c. Fees-in-lieu shall be due and payable prior to the issuance of a building permit for fhe development. d. The Town shall only use monies collected from the fees-in- lieu to provrde new employee housing. 5. Conveyance of property off-site. The Town Council may, at its sole discrefion, accept a conveyance of real property off-site in lieu of requiring construction of EHUs, provided that no covenants, restrictions or issues exist on the property that would limit the construction of EHUs. 12-24-7 MITIGATION BANK: A. The Town will provide credit for any EHUs constructed on-site, constructed ofif-site, or otherwise acquired in anticipation of future residential development or redevelopment, provrded that those EHUs meet all applicable requirements of this Chapter. However, the construction or acquisition of EHUs in anticipation of future development is at the risk of the applicant, because the residential development shall be subject to all regulations pertaining to EHUs which are in effect at the time the application for development review is submitted to the Town, even if those regulations change after the EHUs are constructed. 8. It shall be the applicant's responsibility to provide documentation of any existing EHU credits upon submission of an application for development review. If the applicant cannot adequately document such credits, the Town shall not be obligated to provide such credits. 35 Ordinance No. 1, Series of 2008, draft 12-24-8: ADMINISTRATION: A. Each application for development review, except those exempt per Section 12-24-5, shal! include an employee housing plan e��-which includes the fo/lowing: . , 1. Calculafion Method. The calculation of the inclusionary zoning requirement, including credits if applicable, and the mitigation mefhod by which the applicant proposes to meet the requirements of this Chapter, 2, Plans. A dimensioned site plan and architectural floor plan that demonstrates compliance with Section 12-24-3, Building Requirements; 3. Lot Size. The average Iof size of the proposed EHUs and the average lot size of other dwelling units in the commercial development or redevelopment, if any; 4. Schedules. A timeline for the provision of any off-site EHUs; 5. Off-Site Units. A proposal for the provision of any off-site EHUs shall include a brief statement explaining the basis of the proposal; 6. Off-Site Conveyance Request. A request for an off-sife conveyance shall include a brief statement explaining the basis for the request; and 7. Fees-in-lieu. A proposal to pay fees-in-lieu shal! include a brref statement explaining the basis of fhe proposal. 8. Written Narrative. A written narrative explaining how the employee housing plan meets the purposes of this Chapter and complies with the Town's Comprehensive Plan. �. B. Governing Body: The Administrator shall approve, approve with modifrcations or deny an employee housing plan involving a tota/ mitigation requirement of /ess than 438 square feet of EHU floor area. The Planning and Environmental Commission shall approve, approve with modifications, or deny an employee housing plan unless the plan involves less fhan 438 square feet of EHU floor area; the development �la� is located within a Special Development District; or the plan includes a request to convey property, � � 36 Ordinance No. 1, Series of 2008, draft The Town Council shall approve, approve with modifications or deny an employee housing plan for a development located within a Special Development Districf or a p/an requestinq to convey property. Before granting approval of an employee housing plan, the applicable governing body shall make findings that the employee housing plan conforms to the genera/ and specific purposes of this fitle, and that the plan is compatible with the applicable elements of the Vail Comprehensive P/an and the development objectives of the Town. �- C. If modifications to a submitted application for development review changes the obligations of fhe applicant under this Chapter, the applicant shall submit a modified employee housing plan. A modification to an employee housing plan shall be reviewed by the body that reviewed the initial employee housing plan, in accordance wifh the provisions of this Chapter. €. D. An approved Employee Housing Plan shall become part of the approved application for devefopment review for the affected site. E. Requests to amend an approved employee housing plan shall be reviewed in accordance with the procedures described in this Chapter. Af the discretion of the Administrator, minor amendments that do not alter the basic intent or methodology of the plan may be approved, or approved with modifications, or denied by the Administrator. 12-24-9: OCCUPANCY AND DEED RESTRICTIONS: A. No EHU shall be subdivided or divided into any form of timeshare unit or fractiona! fee club unit. 8. EHUs shall not be leased for a period less than thirty (30) consecutive days. C. An EHU may be sold or transferred as a separate unit on the site. D. An EHU shall be continuously occupied by an employee few#ed and shall not remain vacant for a period in excess of three (3) consecutive months unless, despite reasonable and documented efforts to r� occupy the EHU, r�al efforts are unsuccessful. E. No later than February 1 of each year, the owner of each EHU shall submit a sworn atfidavif on a form provided by the Town with the following information: 1. Evidence to establish that the EHU has been rented or owner occupied throughout the year; 2. 3. The rental rafe (unless owner-occupied); The employee's employer, and 37 Ordinance No. 1, Series of 2008, draft 4. Evidence to demonstrate that at least one #�a�� person residing in the EHU is an employee at a business located in Eagle County. 12-24-10: TI MI NG: All EHUs required by this Chapter shall be ready for occupancy prior to the issuance of a femporary certificate of occupancy for the affected residential development. 12-24-11: VARIANCES: Variances from the requirements of this Chapter may be granted pursuant to the procedures and standards set forth in Chapter 17 of this Title. 12-24-12: REVIEW.� A. Purpose. The Town Council infends that the application of this Chapter not result in an unlawful taking of private property without the payment of just compensation, and therefore, the Town Council adopts the review procedures set forth in this Section. 8. Planning and Environmental Commission review. Any applicant for residential development who feels that the application of this Chapfer would effect an unlawful taking may apply to the Planning and Environmental Commission for an adjustment of the requirements imposed by this Chapter. If the Planning and Environmenta! Commission determines that the applicafion of this Chapter would resulf in an unlawful taking of private property withouf just compensation, the Planning and Environmental Commission may alter, lessen, or adjust employee housing requiremenfs as applied to the particular project under consideration to ensure fhat there is no unlawful uncompensafed taking. C. Town Council review. lf the Planning and Environmental Commission denies the relief sought by an applicant, the applicant may request a hearing before the Town Council. Such hearing shall be a quasi judicial hearing and conducted according to the Town's rules and regulations regarding quasi- judicial hearings. At such hearing, the burden of proof shall be on the applicant fo establish thaf the fulfillment of the requirements of this Chapter would effecf an unconstitutional taking without just compensation pursuant to applicable law. If the Town Council determines fhat the application of this Chapter would effect an illegal taking without just compensafion, the Town Council may alter, lessen, or adjust the employee housing requirements as applied to the particular project under consideration to ensure fhaf no illegal uncompensated taking occurs. The decision of the Town Council shall be final, subject only fo judicial review. Section 25. If 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. 38 Ordinance No. 1, Series of 2008, draft Section 26. 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 27. 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 28. 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 4`h day of March, 2008 and a public hearing for second reading of this Ordinance set for the 28th day of March, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2008. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk 39 Ordinance No. 1, Series of 2008, draft TO: FROM DATE: MEMORANDUM Planning and Environmental Commission Community Development Department February 11, 2008 �' � � �� °r 7�I,� � Z/z� /°� SUBJECT: Information Update: A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. (PEC070075) Applicant: Planner: Town of Vail, represented by Nina Timm, Housing Coordinator Bill Gibson SUMMARY The purpose of this item is to provide the Planning and Environmental Commission with an update regarding the Town of Vail's request for a prescribed regulations amendment to Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. II. BACKGROUND At its December 11, 2007, public hearing, the Planning and Environmental Commission directed Staff to bring forward recommendations for amendments to Chapters 12-23, Commercial Linkage, and 12-24, Inclusionary Zoning, to better define the Commission's role in reviewing Employee Housing Plans and to clarify the priority of the five approved mitigation methods. The Vail Local Housing Authority discussed the Commission's request at their December 12, 2007, meeting. The Authority determined that the on-site mitigation method is the highest priority and forwarded a recommendation that half the required employee housing mitigation be required on-site for new construction and demo/rebuild projects. The Commission discussed this recommendation and numerous other issues related to employee housing at its January 14, 2008, public hearing. At the Town Council's January 22, 2008, Council Member retreat and again at its subsequent public hearings, the Town Council indicated that providing on-site units is the most desirable employee housing mitigation method and fee-in-lieu is the least desirable method, except when necessary to address partial requirements. � �� - ., t� �• ��"� . . " .� ,,, � �x y^� .. ti�� e µ. T h c �' III. INFORMATION UPDATE Staff will be attending the Housing Authority's February 14, 2008, specially scheduled public meeting to discuss amending Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code. The primary issue to be discussed at this meeting will be the implementation of the employee housing mitigation method priorities. Staff is recommending that all commercial linkage and inclusionary zoning requirements first be addressed through the on-site mitigation method. This recommendation is based upon several factors, including: • 70% of the workforce housing needs created by future development are not addressed by these regulations; • The scarcity of available land resources; • The financial, political, and practical difficulties associated with the construction of any free standing employee housing development; • The need for additional workforce housing to ensure the long term sustainability of Vail's economy; • An opportunity to improve the Town's sense of community; • On-site units create "live-work" opportunities; • On-site units create less demand on, and impact to, the Town's infrastructure; and, • The Town of Vail has an opportunity to become a leader in addressing employee housing within Eagle County. As part of this discussion, Staff is proposing that specific criteria be established to allow relief from this on-site requirement. Staff recommends that any Planning and Environmental Commission's decision to allow the use any mitigation methods other than on-site must be based upon one of the following findings: • That the use of the on-site mitigation method would be contrary to the intent and purpose of the applicable zone district. • That the use of the on-site mitigation method would be contrary to the goals of the applicable elements of the Vail Comprehensive Plan and the Town's development objectives. • That unique conditions or circumstances exist on the site or structure that prevents some, or all, use of the on-site mitigation method. • That the method of mitigation proposed better achieves the intent of this Chapter than the on-site mitigation method. Staff anticipates discussing several secondary employee housing mitigation text amendments with the Housing Authority, including: Establishing that any required fraction of an employee or any remaining unit floor area of less than 438 sq. ft. may always be provided through the fee-in-lieu mitigation method. Establishing that projects resulting in a total mitigation requirement of less than one whole employee or less than one whole unit will be reviewed administratively. � � • Establishing policies to address potential requests to modify an approved Employee Housing Plan. • Creating a new EHU "type" category in the Town Code for any unit used to mitigate a commercial linkage or inclusionary zoning requirement. This is necessary to distinguish these mitigation units from the other six types of EHUs already allowed within the Town of Vail. • Clarifying that the intent of Table 23-2, Size of Employee Housing Units, for Commercial Linkage was that a three bedroom unit and any unit with more than three bedrooms mitigate at the same rate of 3.5 employees. • Establishing Off-Site Mitigation Banking regulations. • Allowing existing and mitigation types of EHUs as permitted uses, rather than conditional uses. IV. NEXT STEPS After the Housing Authority's February 14, 2008, public meeting, Staff will return to the Planning and Environmental Commission on February 25, 2008, with a draft text amendment ordinance for further discussion, consideration, and a recommendation to the Vail Town Council. V. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission tables this item to its February 25, 2008, public hearing for further discussion. Should the Planning and Environmental Commission choose table this request, Staff recommends the Commission pass the following motion: "The Planning and Environmental Commission tables the request for a prescribed regulations amendment to Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto, to its February 25, 2008, public hearing. " � �� o� ��, I � � 11 Maur[�Nlo Planning 6roup January 14, 2008 Plat�ning and Environmental Commission Town of Vail 75 South Frontage Road Vail, Colorado 81657 Re: Proposed changes to Inclusionary Zoning and Commercial Linkage Dear Planning and Environmental Commission Members: I noticed for the first time on Thursday that the Town was proposing to amend the provisions of the employee housing ordinances to require that 50% of the employee housing requirement be developed as on-site housing. I apologize for the lateness of this letter, but I had no way of knowing until Thursday that this was being proposed. Many of my clients and I support your efforts to house the Town's workforce within the Town boundaries. While I was actively involved in the review of the original ordinances, the intent of my involvement was to provide some analysis and pose some questions that I did not feel were being addressed. My issue with the Town's ordinances has been around the issue of the ordinances inconsistency with the Town's Nexus Study. As you are aware the Nexus study was commissioned to show the actual impacts of different types of uses and development on the production of employees. An example of my concerns is demonstrated by the following development scenario. If one were to develop a 100 unit residential development with a total of 100,000 sq. ft. of floor area the 'I`ot+vn's ordinances would require 10,000 sq. ft. (10%) of employee housing to be developed. Using the Town's adopted standard of 350 sq. ft. per employee this translates to 28.57 employees. However, the Town's Nexus Study predicts that this same development would produce 9 employees (or the need far 3, I 50 sq. ft.). That is 317% of the actual impact being required of a developer to mitigate. I provide this information as background and to support my next point. The Town's employee housing requirements are significant but at least the existing ordinances allow the applicant to use a variety of inethods to address employee housing: on-site, off-site (new construction and deed restrictions), and payment in-lieu. This flexibility is paramount in allowing a developer or landowner to address this significant housing obligation. To require that 50% of the housing obligation be placed onsite, will place a significant burden on landowners especially in the core areas that they may not be able to overcome. Perhaps if there were some significant bonuses or . . relakation of development standards such as building height, site coverage, etc. this requirement could be more easily adhered to. I would request that the PEC consider tabling this item until the public is appropriately informed about the proposal and some meetings can occur with local developers. I would also ask the PEC to consider leaving the employee housing ordinances as they are; leaving the choice of the mitigation methods to the developer. Thank you for considering my input on this important issue. Sincerely, �� Dominic F. Mauriello, AICP Priacipal �_ �; , �. j' .�;, 2 FiLE COPY MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 14, 2008 SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters 12-23, Commercial Linkage and 12- 24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. (PEC070075) Applicant: Town of Vail, represented by Nina Timm, Housing Coordinator Planner: Bill Gibson Summarv The applicant, Town of Vail, is requesting the Planning and Environmental Commission forward a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. Based upon Staff's review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for the proposed text amendments, subject to the findings noted in Section VI of this memorandum. II. Backqround On April 3, 2007, the Vail Town Council adopted Ordinances No. 7 and No. 8, Series of 2007, established Commercial Linkage and Inclusionary Zoning for the purpose of mitigating employee housing impacts resulting from development within the Town of Vail. Ordinances No. 7 and No. 8 allow for four mitigation methods. The mitigation methods include providing the requisite mitigation on- site, off-site, via the dedication of land-in-lieu, and via the payment of fee-in-lieu. These Ordinances require developers to submit an Employee Housing Plan, utilizing any of the four mitigation methods, for Planning and Environmental Commission review. The Commission shall approve, approve with modifications, or deny an Employee Housing Plan; unless the development is located within a Special Development District or includes a request to convey property. In such ' �^' �� , � a� t . ._. ;,;. e;., ., ; cases, the Town Council shall approve, approve with modifications, or deny the proposed Employee Housing Plan. At its December 11, 2007, public hearing, the Planning and Environmental Commission direct Staff to bring forward recommendations for amendments to Ordinances No. 7 and No. 8, Series of 2007, to better define the Commission's role in reviewing Employee Housing Plans. At this hearing a Commissioner suggested the lack of available or developable land in Vail creates a need to locate employee housing mitigation on-site. The Commission also directed Staff to inform the Commission on how the collected fee-in-lieu funds will be allocated. One Commissioner suggested creating a down payment assistance program or subsidy with the fee-in-lieu collections. The Town of Vail Housing Authority discussed the Commission's request at their December 12, 2007, meeting. Recognizing that the availability land within the Town of Vail is a significant hurdle for the development of new employee housing units, the Housing Authority recommends Sections 12-23-6 and 12-24-6, Methods of Mitigation, for Commercial Linkage and Inclusionary Zoning, Vail Town Code, be modified to require at least 50% of the requisite mitigation for employee housing be provided on-site. The construction of on-site employee housing is one of the few opportunities to produce new employee housing units within the Town. The Housing Authority recommends the following exceptions be applied to the on-site mitigation requirement: 1) If less than one employee is required to be housed by Commercial Linkage; 2) If less than 350 square feet are required to be deed restricted by Inclusionary Zoning; and 3) If the proposed development or redevelopment is not new construction or a demo/rebuild. The Housing Authority recommends the remaining 50% of the requisite employee housing mitigation be accommodated with an Employee Housing Plan utilizing, without preference, any of the four approved methods (off-site units, paying a fee-in-lieu, providing land-in-lieu, and/or providing additional on-site units). The proposed text amendments will require the Commission to approve, approve with modifications, or deny a Employee Housing Plan based upon the purposes of the applicable zoning regulations and the objectives of the Vail Comprehensive Plan. The Housing Authority believes that while on-site employee housing is important, the Town will also benefit from the provision of off-site deed restricted employee housing. While this may, or may not, produce new units, it will likely ensure that existing units will remain employee occupied in the future. Of the estimated 1,500 existing employee occupied units within the Town of Vail, 876 are not deed restricted to ensure future occupancy by employees. According to the Eagle County Assessor's records, local residents own only thirty-two percent (32%) of 2 the homes within the Town of Vail. Additionally, real estate trends continue to increase the incentive to convert existing employee occupied rentals or for-sale units to vacation or second homes. Off-site employee housing units will likely be dispersed throughout the Town and will provide a diversity of living experiences that would not be achieved if all required employee housing mitigation was built on-site. The Housing Authority believes generating dedicated funds for new employee housing is also important. Such funds will provide the Town the flexibility needed to address the Communities ever evolving employee housing needs. These dedicated funds will provide the Town an opportunity to increase the number of employee housing units and/or increase the affordability of employee housing units anticipated to be constructed with the redevelopment of Timber Ridge and the development of the Chamonix Site. III. Description of the Request StafF is requesting that the following changes be made to Section 12-23-6, Methods of Mitigation, Vail Town Code (text that is to be deleted is �iske�, text that is to be added is bold, and sections of text that are not amended may be omitted): 12-23-6: METHODS OF MITIGATION: A. For new construcfion and demo/rebuild development projects, a minimum of fifty percent (50%) of the requisife mitigation of employee housing shall be constructed on site. All on site EHUs shall be deed restricfed in accordance with this chapfer. This on site requiremenf shall not apply fo mifigation requirements for /ess than one fu/l emp/oyee. B.�1: Any remaining -�4e mitigation of employee housing required by this chapter shall be accomplished through one of the following methods: 1. On Site Units: a. The requisite number of EHUs, or a portion thereof, may be constructed on site, provided that all on site EHUs are deed restricted in accordance with this chapter. b. At the sole discretion of the planning and environmental commission, an applicanf may provide on site dormitory units, unless the application is for a special development district, in which case, the town council, in its sole discretion, may accept dormitory unifs as a method of mitigation. 2. Conveyance Of Property On Site: An applicant may convey on site real property to the town on which no covenants, restrictions or issues exist that would limit fhe construction of EHUs, af the so/e discretion of the town council. 3 3. Off Site Units: a. The requisite number of EHUs, or a portion thereof, may be provided off site within the town, provided that such EHUs are deed restricted in accordance with this chapter. b. At the sole discretion of the planning and environmental commission, an applicant may provide off site dormitory unifs, unless the application is for a special development district, in which case, the town council, in its sole discretion, may accept dormitory units as a method of mitigation. 4. .Payment of Fees in Lieu: The planning and environmental commission may approve payment of a fee in lieu for each employee to be housed, or a portion thereof, required by this chapter. a. The fee in lieu for each employee fo be housed shall be established annually by resolution of the town council, provided that, in calculating that fee, the town council shall include the net cost (total cost less the amount covered by rental or sale income) of real property and all related planning, design, site development, legal, construction and construction management costs of the project, in currenf dollars, which would be incurred by the town to provide housing for the employee to be housed in fhat year. b. An administrative fee, established by. resolution of the town council, shall be added to the amount set forth in subsection A4a of this section. c. Fees in lieu shall be due and payable prior to fhe issuance of a building permit for the development. d. The town shall only use monies collected from fees in lieu to provide new employee housing. 5. Conveyance Of Property Off Site:The town council may, at its sole discretion, accept the conveyance of property off site in lieu of requiring the provision of EHUs, provided that no covenanfs, restrictions or issues exist on such property that would limit the construction of EHUs. C.� Partial fees in lieu shall be paid when the calculation to defermine the number of employees generated under this chapter results in a fractional number of employees. Staff is requesting that the following changes be made to Section 12-23-8, Administration, Vail Town Code (text that is to be deleted is �tisl�ep, text that is to be added is bold, and sections of text that are not amended may be omitted): 0 12-23-8: Administration (in part) C. The Planning and Environmental Commission shall approve, approve with modifications or deny an employee housing plan unless fhe plan is located wifhin a specia/ development district or includes a request to convey property, in which case fhe Town Council shall approve, approve with modifications, or deny the employee housing plan. The Commission, and/or Town Council, shall make findings that the employee housing p/an conforms to the general and specific purposes of fhis title, and that the p/an is compatible with the applicable e/ements of the Vail Comprehensive Plan and the development objecfives of the Town. Staff is requesting that the following changes be made to Section 12-24-6, Methods of Mitigation, Vail Town Code (text that is to be deleted is s#-�is�e►�, text that is to be added is bold, and sections of text that are not amended may be omitted): 12-24-6: METHODS OF MITIGATION: A. For new consfruction and demo/rebuild developmenf projecfs, a minimum of fifty percenf (50%) of the requisite mitigation of employee housing shall be constructed on site. All on site EHUs shall be deed resfricted in accordance with this chapter. This on site requirement shal! not apply to mitigation requirements for less than three hundred and fifty (350) square feet. 6.�4 Any remaining �e mitigation of employee housing required by this chapter may be accomplished through one of the following methods: 1. On Site Units: a. The requisite number of EHUs, or a portion thereof, may be constructed on site, provided that all on site EHUs are deed restricted in accordance with this chapter. b. At the sole discretion of the planning and environmental commission, an applicant may provide on site dormitory units, unless the application is for a special development district, in which case, the town council, in its sole discretion, may accept dormitory units as a method of mitigation. 2. Conveyance Of Property On Site: An applicant may convey on site real property to the town of Vail on which no covenants, restrictions or issues exist that would limif the construction of EHUs, at the sole discretion of the town council. 3. Off Site Units: 5 a. The requisite number of EHUs, or a portion thereof, may be provided off site within the town, provided that such EHUs are deed restricted in accordance wifh this chapter. b. At the sole discretion of the planning and environmental commission, an applicant may provide off site dormitory units, unless the application is for a special development district, in which case, the town council, in its sole discretion, may accept dormitory units as a method of mitigation. 4. Payment of Fees in Lieu: The planning and environmental commission may approve payment of a fee in lieu for each square foot of employee housing required by this chapter. a. The fee in lieu for each square foof shall be established annually by resolution of the town council, provided that in calculating that fee, the town council shall include the net cost (total cost /ess th� amount covered by rental or sa/e income) of real property and all related planning, design, site development, legal, construction and construction management costs of the project, in current dollars, which would be incurred by the town to provide the square feet in that year. b. An administrative fee, esfablished by resolution of the town council, shall be added to the amount set forth in subsection A4a of this section. c. Fees in lieu shall be due and payable prior to the issuance of a building permit for fhe development. d. The town shall only use monies collected f�om the fees in lieu to provide new employee housing. 5. Conveyance Of Property Off Site: The town council may, at its so/e discretion, accept a conveyance of real property off site in lieu of requiring construction of EHUs, provided that no covenants, restrictions or issues exist on the property that would limit the construction of EHUs. Staff is requesting that the foilowing changes be made to Section 12-24-8, Administration, Vail Town Code (text that is to be deleted is s#fiskep, text that is to be added is bo/d, and sections of text that are not amended may be omitted): C. The planning and enviconmental commission shall approve, approve with modifications, or deny an employee housing plan unless the plan is located wifhin a special development district or includes a request to convey property, and then the town council shall approve, approve with modifications, or deny the employee housing plan. The Commission, and/or Town Council, shall make findings that the emp/oyee housing plan conforms to the general and specific purposes of this fifle, and � that the plan is compatible with the applicable elements of the Vail Comprehensive P/an and the developmenf objectives of the Town. IV. APPLICABLE PLANNING DOCUMENTS Title 12, Zoning Regulations, Vail Town Code (in part) 12-1-2: Purpose A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 12-2-2: Definitions DEMO/REBUILD: The destruction, demolition, or removal of fifty percent (50%) or more of fhe gross residential floor area of an existing dwelling unit or structure. The determination of the fifty percent (50%) shall be calculated upon "gross residential floor area" as defined in this section. 12-3-7: Amendment: C. Criteria and Findings: 2. Prescribed Regulations Amendment: a. Factors, Enumerated: Before acting on an application for an amendment to the regulations prescribed in fhis title, the planning and environmental commission and town council shall consider the following factors with respect to the requested text amendment: (1) The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and (2) The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and (3) The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and (4) The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulatrons consistent with municipal development objecfives; and (5) Such other factors and criteria the commission and/or council deem applicable to the proposed text amendment. 12-23-1: Purpose and Applicabilitv A. The purpose of this chapter is to ensure that new commercial development and redevelopment in the town provide for a reasonab/e amount of employee housing to mitigate the impact on employee housing caused by such commercial development and redevelopment. 7 V. 12-24-1: Purpose and Applicability: A. The purpose of this chapter development and redevelopment reasonable amount of employee employee housing caused by redevelopment. REVIEW CRITERIA is to ensure that new residential in the town of Vail provide for a housing to mitigate the impact on such residentia! development and Staff believes these text amendments are in accordance with the purpose and intent of Titles 12, Zoning Regulations, and are in the public interest and serve to improve the Code. The review criteria and factors for consideration for a request of a text amendment to Title 12, are established in accordance with the provisions of Chapter 12-3, Vail Town Code. 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and, Staff believes the proposed text amendments further the general and specific purposes of the Zoning Regulations by clarifying the priorities of the adopted employee housing mitigation methods by requiring that a minimum of half the mitigation occur on-site. The Housing Authority believes the remaining mitigation requirement can be met equally through any of the four approved mitigation methods. The appropriate choice of method will be reviewed and determined by the Commission, based upon the plan's conformance to the purposes of the zoning regulations and the objectives of the Vail Comprehensive Plan. Additionally, Staff believes the proposed text amendments further the Town's development objectives by providing a myriad of employee housing opportunities as recommended by the Vail 20/20 Strategic Action Plan. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals; objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and, Staff believes the proposed text amendments clarify the priority of the employee housing mitigation methods and implementation objectives by requiring that a minimum of half the mitigation occur on-site. The Housing Authority believes the remaining mitigation requirement can be met equally though any of the four approved mitigation methods. The appropriate choice of inethod will be reviewed and determined by the Commission, based upon the plan's conformance to the purposes of the zoning regulations and the objectives of the Vail Comprehensive Plan. : Staff also believes the proposed text amendments better define the Planning and Environmental Commission's authority to more clearly and consistently interpret the Zoning Regulations in a manner that furthers the Town's development objectives. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and, Commercial Linkage and Inclusionary Zoning are new regulations and the proposed text amendments further refine those requirements. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. Staff believes the proposed text amendments are necessary to facilitate and provide a harmonious, convenient, workable relationship among land use regulations consistent with the Town of Vail master plans and development objectives. VI. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to recommend approval of these text amendments, Staff recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendafion of approval to the Vail Town Council for the Town of Vail's request for a prescribed regulations amendment to Chapters 12-23, Commercial Linkage and ?2-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to recommend approval of these text amendments, the Department of Community Development recommends the Commission makes the following findings part of the motion: "Based upon the review of the criteria outlined in Section V of this Staff memorandum to the Planning and Environmental Commission dated January 14, 2008, and the evidence and festimony presented, the Planning and Environmental Commission finds: �� That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and, 2. That the amendments further the general and specific purposes of Zoning Regulations; and, 3. 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. " 10 fILE COPY MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 14, 2008 SUBJECT: Information Update Regarding Anticipated Uses of Employee Housing Fee-in-Lieu Staff: Nina Timm At the December 11, 2007, Planning and Environmental Commission meeting, Commission members requested information regarding anticipated uses of employee housing fee-in-lieu that may be collected by the Town of Vail. The Vail Town Council discussed and affirmed, at their January 8, 2008 public hearing, uses for the fee-in-lieu funds that may be collected in the next twelve to eighteen months. Please see the attached memorandum for an overview the specific projects. �: ��.`� ... �,._ . . ...._ � T' MEMORANDUM TO: Town Council FROM: Community Development Department DATE: January 8, 2008 SUBJECT: Employee Housing Fee-in-Lieu I. Introduction On April 3, 2007, the Vail Town Council adopted Ordinances Nos. 7& 8, Series of 2007, establishing Commercial Linkage and Inclusionary Zoning in 16 of the Town's highest density zone districts. The goal of the two Ordinances is to conjunctively provide housing for at least 30% of the net new workforce generated by new development and redevelopment. Ordinances Nos. 7& 8 allow for four mitigation methods. One of the four mitigation methods is a fee-in-lieu of providing the employee housing. Simultaneous with the passage of Commercial Linkage and Inclusionary Zoning was the passage of Resolution 10, Series of 2007, which established the 2007 fee-in-lieu amount. Fee-in-lieu is established per employee as well as per square foot. The established fee-in-lieu per employee for 2007 was $131,385. The fee per employee is required for Commercial Linkage which assesses a development's requirements by net new employees generated. The $131,385 was established to bridge the gap between an employee earning 120% of the Area Median Income and the 2007 median purchase price of an 825 square foot unit in the Town of Vail, plus an administrative fee of $3,000 per employee. The administrative fee is designed to cover the Town's cost for converting the fee-in- lieu to employee housing units. The established fee-in-lieu per square foot for 2007 was $236.65. The fee per square foot is required for Inclusionary Zoning which assesses a development's requirements based on net new square feet constructed. The fee-in-lieu per square foot is based on identical criteria as the employee fee-in-Iieu, except it is broken down per square foot. Again, an administrative fee is added. When the Town Council established the fee-in-lieu, buy down units as well as adding additional employee beds in a redevelopment of Timber Ridge were the assumed uses for funds collected. It was also acknowledged that it would be beneficial to have funds for unanticipated employee housing opportunities. In the past, this has predominately been the acquisition of existing housing stock or land. II. Anticipated Uses for Fee-in-Lieu A. Buy Down Units The formula for establishing the fee-in-lieu is based upon the belief that the most common use for fee-in-lieu is going to be purchasing existing housing stock, deed restricting it and reselling it at a reduced price to local employees. There are 6,400 dwelling units in the Town of Vail ➢ 1,500 of those are currently occupied by local employees 0 624 units are currently deed restricted 0 876 units are not deed restricted Maintaining employee occupants in the 876 non-deed restricted units within the Town of Vail is critical to ensuring the Town's employee base is not further eroded. The incentive for maintaining employee occupied rentals or a for-sale unit is diminished by possible financial gains for converting the use of the unit(s) to vacation or second home use. As stated in the "Vail Housinq Research Choices and Potential Outcomes, March 2005" "...as the supply of entry-level housing diminishes in Vail and prices increase, year round emp/oyees looking to own a home are moving down valley where there are more options. As down valley jobs increase in number, Vai! faces a challenge in recruiting and retaining qualified employees who may choose to live closer to where they work." � The report further concludes, "...the challenge of housing for both year round and seasona/ workers close to their employment is compounded by the difficulty of providing for parking. Employees who drive to work look for parking that is c/ose to employment. This land can be in prime locations and very expensive. The interplay between housing, transportation and parking should be identified and considered in the evaluation of a/ternatives." In the Town of Vail (and the larger Eagle County area), residential development contributes to the lack of housing affordable to locals in the fact that new housing development in the Town of Vail is primarily targeted to higher income, out-of-area buyers. The free market and the prices it demands are simply not affordable to the vast majority of persons earning their living in the Town of Vail. As more expensive housing continues to be constructed, the availability of land and developable area on which to provide housing for local residents ar�d workers decreases, resulting in increased land costs and housing prices. Demand for homes from second homeowners force residents and employees earning local wages to compete with higher income households for a limited supply of housing. Local homeownership 2 rates verify this trend. According to Eagle County Assessor's records, local residents own approximately thirty-two percent (32%) of all homes in the Town of Vail, and only twenty-two percent (22%) of the homes built in 2005. Finally, local wages are not keeping up with the real estate market. It is estimated that forty-seven percent (47%) of households in the Town of Vail earned less than one hundred percent (100%) of the area median income ($67,200 for an average two-person fartiily) in 2006 and there are no homes in the Town's housing market that are potentially affordable to households earning less than one hundred forty percent (140%) of the area median income ($89,600 for an average two-person family). This condition is compounded by a scarce supply of developable land in the Town of Vail. B. Timber Ridge Redevelopment Timber Ridge also represents another significant opportunity to use the fee- in-lieu. Any money spent at Timber Ridge could only be used for the development of beds in excess of the existing 600. When Town Council adopted Commercial Linkage and Inclusionary Zoning it acknowledged that Timber Ridge represented the single largest opportunity for the Town of Vail to provide new beds beyond developer requirements. Timber Ridge would be an opportunity to "catch-up" with some of the existing 70% of the workforce that lives outside of the Town of Vail. Timber Ridge could provide employee housing for something beyond the regulatory requirements that should provide housing for at least 30% of the net new workforce. While using fee-in-lieu at Timber Ridge would reduce the total number of net new deed restricted employee housing beds provided via fee-in-lieu throughout Town, it still remains a significant employee housing opportunity that would benefit from additional funds being available for redevelopment. C. Chamonix Parcel As the Town moves forward on a master plan for the Chamonix Parcel it is anticipated that additional subsidy besides the land will be required to provide affordable employee housing units. The cost of new construction in Vail has outpaced local wages. In previous Town employee housing developments (i.e., Red Sandstone Creek, North Trail Townhomes, etc.) the subsidy provided to the homeowner was the value of the land. The Town sold the units for the cost of construction and was able to deliver units affordable to local employees. While the cost of construction is not yet known for the Chamonix Parcel it is anticipated that it may cause the units to cost more than is affordable to local employees. Currently, Vail Commons units are selling for approximately $150 per square foot and the North Trail Townhomes are selling for approximately $180 per square foot. While the price per square foot sounds very affordable by current real estate values it is important to note the challenge local employees face in qualifying to purchase these units. Rising interest rates as well as changing mortgage lending practices may further compound the challenge. 3 D. 2657 Arosa Drive (a.k.a. the A-Frame Lot) The Town of Vail acquired 2657 Arosa Drive in 1999 for $150,000 as part of the Trapper's Run Exchange. The lot previously had an A-Frame on it. The house was removed in 1999 in anticipation of a new deed restricted duplex with an employee housing unit being built. The employee units were not constructed and the lot has remained vacant since. With the master planning occurring on the Chamonix Parcel and this lot's proximity to the Chamonix Parcel, staff recommends that this lot be included in the design and construction phase of the Chamonix Parcel to include new deed restricted employee housing. Lot Size: .42 acres Zoning: Two-Family Residential Permitted Uses: Single Family Residential Dwellings Two-Family Residential Dwellings A Type I, II, or IV Employee Housing Unit E. 2507 Arosa Drive (a.k.a the Town Manager's Residence) The Town of Vail acquired 2507 Arosa Drive in 1979 for $39,500 to house the Town Manager and their family. Currently the lot has a 2,973 square foot single-family dwelling on it. With master planning occurring on the Chamonix Parcel and this lot's proximity to the Chamonix Parcel, staff recommends that this lot be evaluated and possibly included in the design and construction phase of the Chamonix Parcel to include new deed restricted employee housing. Lot Size: .33 acres Zoning: Two-Family Residential Permitted Uses: Single Family Residential Dwellings Two-Family Residential Dwellings A Type I, II, or IV Employee Housing Unit F. Lot 14, Vail Intermountain (a.k.a. 2724 Snowberry Drive) Eagle River Water 8� Sanitation District acquired 2724 Snowberry Drive in 2001 for $450,000 for the new water tank. The lot is over 13 acres and may have value to the Town as both a site for deed restricted employee housing as well as open space. It may be an appropriate location for a new Town Manager's Residence. Additionally, the Water & Sanitation District has interest in two Town owned lots in East Vail adjacent to their water treatment plant and this may represent an opportunity for a partnership. Lot Size: 13.24 acres Zoning: Two-Family Residential 4 Permitted Uses: Single Family Residential Dwelling Two-Family Residential Dwellings A Type I, II, or IV Employee Housing Unit G. Lots 9& 10, Vail Meadows Filing 2(a.k.a. 5202 � 5211 Black Gore Drive) The Town of Vail is the owner of two lots adjacent to Eagle River Water & Sanitation District's East Vail water treatment plant. The lots are not currently zoned for residential development, but the Water & Sanitation District has expressed interest in possibly acquiring the lots with zoning deed restricted employee housing units. For operational purposes, it would benefit the Water & Sanitation District to have housing adjacent to the treatment plant. It is possible these lots could be included in a partnership agreement. Lot Size: .66 acres and .7 acres Zoning: Agriculture and Open Space Permitted Uses: Plant and tree nurseries and raising of field, row and tree crops. Public parks, passive and active recreation areas, and open spaces. Single Family Residential Dwellings H. Stratton Flats in Gypsum, CO Stratton Flats, located in Gypsum, CO, is a new housing development that will have 339 new units ranging from one-bedroom condominiums to 2,100 square foot single-family dwellings. The Town of Vail has been approached by the developer, Meritage Development, and Eagle County to participate. III. Fee-in-Lieu Collected to Date To date, the Town of Vail has collected $8,592.07. Fogata Lodge has Planning and Environmental Commission approval to provide the majority of their employee housing via fee-in-lieu. Currently, they will be required to pay $2,783,240.60 at the time their building permit is issued. IV. Action Requested of Town Council Provide staff with direction on the anticipated uses of employee housing fee-in- lieu. V. Attachment Resolution 10, Series of 2007 5 RESOLUTION NO. 10 Series of 2007 A RESOLUTION ESTABLISHING THE 2007 PAYMENT OF FEES-IN-LIEU FOR EACH EMPLOYEE TO BE HOUSED, AS REQUIRED BY CHAPTER12-23, COMMERCIAL LINKAGE, AND FOR EACH SQUARE FOOT, AS REQUIRED BY CHAPTER 12-24, INCLUSIONARY ZONING, VAIL TOWN CODE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on April 3, 2007, the Vail Town Council will consider the adoption of Ordinance Nos. 7& 8, Series of 2007, with the intent of establishing Commercial Linkage and Inclusionary Zoning requirements in the Town of Vail; and WHEREAS, pursuant to Sections 12-23-5 and 12-24-6, Methods of Mitigation, payment of fees-in-lieu is one of five (5) methods by which the mitigation of employee housing required may be accompfished; and WHEREAS, in accordance with Sections 12-23-5 and 12-24-6, the fees-in-lieu for each employee to be housed and for each square foot of employee housing required shall be established annually by resolution of the Vail Town Council; and WHEREAS, the Vail Town Council has determined that the proposed fee-in-lieu amounts accurately reflect the affordability gap between a two person household earning 120% of the Area Median Income (AMI) and the 2006 Median Cost per Unit; and WHEREAS, the Vail Town Council finds that this Resolution furthers the development objectives of the Town and is in the best interest of the Town as it promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances the availability of employee housing within the Town of Vail. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Establishment of Fees-in-Lieu a. The fees-in-lieu for each employee to be housed or for each square foot of employee housing provided in accordance with Chapters 12-23, Commercial Linkage, and 12-24, Inclusionary Zoning, shall be established annually by resolution of the Town Council, provided that, in calculating that fee, the Town Council shall include the net cost (total cost less the amount covered by rental or sale income) of real property and all related planning, design, site development, legal, construction and construction management costs of the project, in current dollars, which would be incurred by the Town to provide housing for the employee to be housed or for each square foot of employee housing provided in that year; b. An administrative fee of $3,000/per employee or $3.65 per square foot shall be added to the amount set forth in paragraph a hereof. c. Fees-in-lieu shall be due and payable prior to the issuance of a building permit for the development. d. The Town shall only use monies collected from fees-in-lieu to provide new employee housing. The calculation formula for fee-in-lieu has been attached for reference (Exhibit A). 2. 2007 Pavment of Fees-in-Lieu Amounts a. Fee-in-lieu per employee (commercial linkage) _$131,385 b. Fee-in-lieu per square foot (inclusionary zoning) _$236.65 3. Effective Date of the Resolution This resolution shall become effective upon the adoption of Ordinance Nos. 7& 8, Series of 2007, more commonly referred to as the ordinances establishing Commercial Linkage and Inclusionary Zoning in the Town of Vail. INTRODUCED, READ, APPROVED AND ADOPTED this 3�d day of April, 2007. ATTEST: Lorelei Donaldson, Town Clerk 2 Rodney Slifer, Mayor, Town of Vail � Exhibit A 200� Fee-in-Lieu Calculation Formula 120% Area Median Income (2-person household) Affordable Monthly Housing Payment Property Taxes/Insurance/HOA (20% of Housing Payment) Mortgage Payment M�imum Mortgage Amount* Affordable Purchase Price Average Square Feet of Units 2006 Median Price per Square Foot (all units) Cost per Unit Affordability Gap/Payment per Unit in Lieu *Assumes 5% down, 7% interest for 30 years. Gap per Employee (1.5 emps/household on average) Administrative Fee per Employee $76,800 $1,920 $384 $1,536 $230,872 $243,023 825 $528 $435,600 $192,577 $128,385 $3,000 Fee per Square Foot per Employee $233 Administrative Fee per Square Foot per Employee $3.65 Fee-in-Lieu per Employee Fee-in-Lieu per Square Foot $131,385 $236.65 (Note — these figwes to be established annually by the Vail Town Council) C�