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HomeMy WebLinkAbout1992-11-03 Support Documentation Town Council Regular Session VAIL TOWN COUNCIL REGULAR EVENING MEETING TUESDAY, NOVEMBER 3, 1992 7:30 P.M. IN TOV COUNCIL CHAMBERS EXPANDED AGENDA 7:30 P.M. 1. CITIZEN PARTICIPATION. 7:35 P.M. 2. Consent Agenda: Approval of the Minutes of the October 6, 1992, and October 20, 1992, Town Council evening meeting minutes. 7:40 P.M. 3. Ordinance No. 29, Series of 1992, second reading, annual Steve Thompson appropriation ordinance: adopting a budget and financial plan and making appropriations to pay the costs, expenses, and liabilities of the Town of Vail, Colorado, for its fiscal year January 1, 1993, through December 31, 1993, and providing for the levy assessment and collection of Town ad valorem property taxes due for the 1992 tax year and payable in the 1993 fiscal year. ' Action Reauested of Council: Approve/deny/modify Ordinance No. 29, Series of 1992, on second reading. Backaround Rationale: The only change between first and second reading of this ordinance was $10,000 for the tree planting program was moved from the RETT Fund into the General Fund. Staff Recommendation: Approve Ordinance No. 29, Series of 1992, on second reading. 7:50 P.M. 4. Ordinance No. 27, Series of 1992, first reading, an ordinance Andy Knudtsen amending Section 18.57.020 -Employee Housing Units (EHUs) generally, of the Municipal Code of the Town of Vail, Paragraph 18.57.020 (C) and (D) to clarify restrictions on the leasing and sale of Employee Housing Units, and Paragraph 18.57.020 (K), Section 18.57.040 (B) 5, Section 18.57.040 (B) 9, Section 18.57.060 (B) 13, Section 18.57.050 (B) 7 to clarify the meaning. Action Reauested of Council: Approve/deny/modify Ordinance No. 27, Series of 1992, on first reading. Backaround Rationale: Staff believes some of the language used in the recently adopted Employee Housing Ordinance could be improved. As a result, staff has proposed three minor changes. Staff Recommendation: Approve Ordinance No. 27, Series of 1992, on first reading. 8:20 P.M. 5. Adjournment. 1 4440444444444444444444 THE NEXT VAIL TOWN COUNCIL WORK SESSION WILL BE ON TUESDAY, 11/10/92, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE TUESDAY, 11/17/92, VAIL TOWN COUNCIL WORK SESSION WILL BEGIN AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL EVENING MEETING WILL BE ON TUESDAY, 11/17/92, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. 4444444444444444444444 C:~AGENDA.TCE 2 MINUTES VAIL TOWN COUNCIL MEETING OCTOBER 6, 1992 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, October 6, 1992, in the Council Chambers of the Vail Municipal Building. Merv Lapin called the meeting to order at 7:45 P.M. MEMBERS PRESENT: Peggy Osterfoss, Mayor Merv Lapin, Mayor Pro-Tem Jim Gibson Tom Steinberg Rob Levine Bob Buckley MEMBERS ABSENT: Jim Shearer TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Assistant to the Town Manager Martha Raecker, Town Clerk The first item on the agenda was Citizen Participation. John Mueller requested Council reconsider TOV policy prohibiting street-cuts in newly reconstructed roads within the Town. Council agreed to hear this issue since Mr. Mueller's situation was considered emergent. He required astreet-cut permit in order to access a sewer line for 3130 Booth Falls Road. Mr. Mueller indicated he had been given incorrect sewer inlet elevations by UEVW&S, and his access for sewer service connection was now too low to connect. Council, Larry Grafel, and Mr. Mueller reviewed site plans of the lot and area in question, and reviewed three options for correcting the situation. During discussion, it became clear the sewer inlet elevations provided to Mr. Mueller by UEVW&S were incorrect, and, in fact, caused the resulting current problem. Council advised Mr. Mueller to pursue relief from UEVW&S. After discussion, Rob Levine moved to allow Mr. Mueller an emergency exception to TOV policy regarding street-cuts in newly reconstructed roads if there were no other alternatives for resolving Mr. Mueller's problem, and with the condition that Mr. Mueller try to coordinate the possibility of connecting at Lot 11, 3010 Booth Falls Road with UEVW&S. Jim Gibson seconded the motion. A vote was taken and the motion passed 4-2, Mayor Osterfoss and Tom Steinberg opposed. Item No. 2 on the agenda was approval of the minutes of the September 1, 1992, and September 15, 1992 evening meetings, and approval of the September 29, 1992, Special Evening Meeting Minutes. Jim Gibson moved to approve the minutes of these three meetings, with a second from Tom Steinberg. A vote was taken and the motion passed unanimously, 6-0. Item No. 3 was Ordinance No. 10, Series of 1992, first reading, an ordinance amending Section 3.48.40 and 3.48.090 of the Municipal Code of the Town of Vail to provide that the Real Estate Transfer Tax may be used for the acquisition and improvement of real property within the limits of the Town or within a mile of the Town boundaries; providing more specificity as to what the funds received by the Town pursuant to the Real Estate Transfer Tax can be used for; and setting forth details in regard thereto. Mayor Osterfoss read the title in full. Larry Eskwith explained this ordinance would amend the RETT ordinance to allow RETT funds to be used within the limits of the Town or within a mile of the Town boundaries. It would also clarify purposes for RETT funds. Jim Gibson expressed opposition to use of the term "public rights-of--way" in this ordinance. He felt the concept implied was too broad, and landscaping of public rights-of--way was a Public Works Department project, not something to expend RETT funds on; however, Mayor Osterfoss felt landscaping was appropriate in conjunction with development of recreational bike paths. Bill Wilto said he had no objection to the use of RETT funds for appropriate projects within a mile of the Town boundaries, but was strongly opposed to use of RETT funds on public rights-of--way. Jim Gibson, Bill Wilto, and Jo Brown asked for a clear definition of "public rights-of-way." After brief discussion, Rob Levine moved to approve Ordinance No. 10, Series of 1992, on first reading, with the addition of landscaping of recreation paths as an appropriate use of RETT funds. Tom Steinberg seconded the motion. A vote was taken and the motion passed, 5-1, 1 Jim Gibson opposed. Item No. 4 was Ordinance No. 28, Series of 1992, first reading, an ordinance amending Section 5.04.140 -Termination, of the Municipal Code of the Town of Vail, extending indefinitely Chapter 5.04 -Annual Business License for Marketing. Mayor Osterfoss read the title in full. Jim Gibson moved to approve Ordinance No. 28, Series of 1992, on first reading, with a second from Rob Levine. Before a vote was taken, Merv Lapin stated he wanted the four year sunset provision to remain as a means of keeping the Vail Valley Marketing Board (VVMB) accountable to TOV. After brief discussion regarding whether those business owners paying the tax could be specified as residents and qualified voters, particularly if Amendment No. 1, "the Bruce Amendment" passed at the General Election on November 3, 1992, Jim Gibson called the question. A vote was then taken and the motion passed, 5-1, Merv Lapin opposed. After the vote, it was noted this change could be amended at any time. Item No. 5 was Resolution No. 16, Series of 1992, a resolution declaring Vail Town Council's opposition to Amendment No. 1, which will appear on the November 3, 1992, General Election Ballot. Mayor Osterfoss read the title in full. Steve Barwick spoke briefly about potential drawbacks of Amendment No. 1, including the possibility of jeopardized state funding for the Dowd Junction Bike Path and widening of Highway 6 planned for 1993. Jim Gibson moved to approve Resolution No. 16, Series of 1992, with a second from Bob Buckley. Before a vote was taken, Larry Eskwith indicated there were some general provisions in this resolution which dealt with Amendment No. 1's potential curtailment of home-rule and local municipal powers. Further discussion included concern regarding voting timeframes that would be required if increased budget needs evolved. Rob Levine asked to go on record as saying there was another tax limitation measure that was proposed and supported by the Colorado Municipal League (CML) which did not get on the ballot. Rob felt that proposal was palatable compared to Amendment No. 1 because it offered the flexibility for municipalities to address local situations and retain local control, with some amount of tax limitation. Jim Gibson then directed staff to add information from a document prepared by CML dated September 22, 1992, indicating passage of Amendment No. 1 would severely injure Coloradans without having any impact an federal taxes and spending. Merv Lapin called the question. A vote was taken, and the motion passed unanimously, 6-0, with the addition requested by Jim Gibson. Item No. 6 was a discussion regarding a request by applicant Irwin Bachrach to amend the TOV Master Rockfall Hazard Map. Tim Devlin explained this request was to amend the Town's Master Rockfall Hazard Map by removing specific properties from the "Moderate Rockfall" designation based on a recent on-site investigation by Dr. Nicholas Lampiris, the consulting geologist, who had assisted in preparation of the Rockfall Map prepared in 1984. During the recent on-site investigation, it was revealed the properties in question, Lots 10, 12, 13, 14, 15, and 16, Block 9, Vail Intermountain, were not in any rockfall zone. Dr. Lampiris subsequently submitted a letter recommending the Moderate Rockfall designation be removed from the above referenced properties. Merv Lapin moved to amend TOV's Master Rockfall Hazard Map as requested based on the July 8, 1992, letter from Dr. Lampiris to Irwin Bachrach. Rob Levine seconded the motion. A vote was then taken and the motion passed unanimously, 6-0. Before adjournment, several items not on the agenda were raised. Ron Phillips reviewed a memo from Larry Brooks, Director of Municipal Services at the Town of Avon, to Bill James, Avon Town Manager, regarding the Transit BudgetlCounty System. Ron noted the memo addressed two changes in the proposed operational budget for the County system: (1) termination of leases on two buses used for the Leadville route which would be replaced by two 1979 buses TOV offered to lease them, and (2), delay of refurbishing of two buses since new buses would be available via an FTA grant. After additional review of the proposed changes, Tom Steinberg proposed Leadville be encouraged to incorporate a loop system there, even if TOV had to loan them another bus to improve and increase Leadville ridership. Council agreed that idea was worth exploring, with Town of Leadville paying for operation and maintenance of the bus. A request was made for a ridership survey to respond to Tom's inquiry about why there were more riders to Vail from Leadville than from Leadville to Vail. Mayor Osterfoss asked that the proposed survey instrument be made available to the task force for their input and later analysis of the compiled results. In addition, she expressed interest in the selection of a more all-encompassing name for this transit system. Tom also requested Steve Barwick become involved in the budgeting oversight. Council consensus was reached to direct staff to change the budget to reflect the 2 revised budget figures as detailed. Next, Tom Steinberg advised there had been a meeting with Sonny LaSalle, Regional Forester, and local foresters of the U.S. Forest Services (USFS). Tom said they had discussed appraisals on Sgraddle Creek and Golf Course Maintenance parcels, but he did not think they reached any consensus. Tom reported the USFS was talking with Summit County and the rest of Eagle County about an environmental plan to examine the vegetation in the two county area. Ron Phillips noted he was working with Summit County regarding the clear- cutting plan. Summit County and Vail were proposed as two demonstration areas, if approval for the modelling technique for vegetative cover was obtained. Jim Gibson asked that areas where clear-cutting had been completed some years back be part of a public awareness program pointing out the period of time in which that growth had taken place. Tom agreed these issues needed to be publicly addressed. He felt, after the recent meeting, the USFS was responsive to the local recreation needs, the game needs, and improving the forest. Tom Steinberg reported on the Headwater's Forum meeting in Copper Mountain. One of the big concerns discussed at the meeting was continued funding after the first of the year. He said, after much discussion, each organization present agreed on equal basis funding. He advised he also went to Durango to plead before DOLA for funds for NWCCOG's 208 water planning. He advised $35,000 was appropriated, and approval to attempt development of a permanent 208 funding plan, as well as a plan to tie into the whole State system, was received. Tom Steinberg noted he had turned information over to Todd Oppenheimer about a wildflower farm near Alamosa that was giving away its seed-filled straw. Tom felt the straw could be used to introduce a greater wildflower population on the Interstate. Merv Lapin advised the School District had expressed interest in putting a middle school on 10 acres of the Berry Creek 5th land. The proposed facility would contain recreational facilities. Merv asked if Council was interested in donating the land. Tam Steinberg inquired about infrastructure the School District would build. Merv informed Council the School District would have to take care of the entrance and the problem of access to the property, and there would also be a gymnasium. He said he told the School District it was felt an appraisal should be done on the land. Ron Phillips felt, if the School District was willing to put in the improvements necessary for access, plus water and sewer requirements, donation of ten acres of the Berry Creek 5th land to the School District might be worthwhile. Merv said negotiations were current, but further consideration and more information were needed. At 9:40 P.M., Merv Lapin moved to adjourn the Council's regular evening meeting to an Executive Session regarding land negotiations. Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimously, 6-0. Respectfully submitted, Margaret A. Osterfoss, Mayor ATTEST: Martha S. Raecker, Town Clerk Minutes taken by Dorianne S. Deto C:IMINSOCT6.92 3 MINUTES VAIL TOWN COUNCIL MEETING OCTOBER 20, 1992 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, October 20, 1992, in the Council Chambers of the Vail Municipal Building. Mayor Osterfoss called the meeting to order at 7:30 P.M. MEMBERS PRESENT: Peggy Osterfoss, Mayor Merv Lapin, Mayor Pro-Tem Bob Buckley Rob Levine Jim Shearer Tom Steinberg . MEMBERS ABSENT: Jim Gibson TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Assistant to the Town Manager Martha Raecker, Town Clerk The first item on the agenda was Citizen Participation. Joe Taylor, Republican Candidate for the Colorado House of Representatives, 56th District, introduced himself, and briefly discussed his experience. Next under Citizen Participation, Bill Wilto requested "No Vehicular Traffic" signage be posted at the area near Crossroads and the Vail Athletic Club. He had observed broken gates were trapping tourists driving cars in the area. Ron Phillips was directed to follow-up. Item No. 2 on the agenda were introductory comments by Rod Slifer, Republican candidate for Eagle County Commissioner, District 1. When asked, Rod said he was in favor of the We Recycle program, and felt it was appropriate for the County to provide continued funding. Item No. 3 was a presentation by Lyndon Ellefson of Vail Associates, Inc., on behalf of "Team Vail." Mr. Ellefson discussed Team Vail's participation in the 8th Annual Mountain Running World Championships in Susa, Italy. He advised the team took first place, and thanked Council, TOV, and the Special Events Commission for helping make the team's participation possible. He then presented TOV with Team Vail's winning trophy. Mayor Osterfoss said TOV would find a place of honor for the trophy, and acknowledged the team's wonderful accomplishment. Item No. 4 was the appointment of one of four applicants to the Design Review Board (DRB) to complete Pat Herrington's term. Applicants Bob Borne, Eddy Doumas, Laura Nash, and Carmen Weiner had been interviewed at the October 13, 1992, work session. A ballot vote was taken, and when the results were in, Tom Steinberg moved to appoint Bob Borne, with a second from Jim Shearer. The motion passed unanimously, 6-0. Item No. 5 was a Consent Agenda consisting of two items: Ordinance No. 10, Series of 1992, second reading, an ordinance amending Section 3.48.40 and 3.48.090 of the Municipal Code of the Town of Vail to provide that the Real Estate Transfer Tax (RETT} may be used for the acquisition and improvement of real property within the limits of the Town or within a mile of the Town boundaries; providing more specificity as to what the funds received by the Town pursuant to the Real Estate Transfer Tax can.be used for; and setting forth details in regard thereto, and Ordinance No. 28, Series of 1992, second reading, an ordinance amending Section 5.04.140 -Termination, of the Municipal Code of the Town of Vail, extending indefinitely Chapter 5.04 -Annual Business License for Marketing. Merv Lapin moved to remove both items from the Consent Agenda for additional discussion. Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimously, 6-0. Mayor Osterfoss read the title of Ordinance No. 10, Series of 1992, in full. Larry Eskwith noted, since first reading, language was changed to limit landscaping of public rights-of--way along the I70 corridor, that landscaping was to be limited to tree planting and related improvements to keep the trees healthy and well maintained. There was also language clarification regarding landscaping of recreation paths. Bill Wilto reiterated comments he 1 made on first reading. He still felt landscaping public rights-of--way was an unacceptable stretch of RETT funds beyond the original intent for those funds. Mac Hodge, President of the Vail Board of Realtors, Ken Wilson, member of the ad-hoc subcommittee for realtors, Hermann Staufer, John Nilson, Rod Slifer, and Jo Brown also spoke in opposition to any change in the RETT ordinance which would expand use of RETT funds beyond their original intent. Mayor Osterfoss said it was in a spirit of compromise that Council suggested on first reading the landscaping included in this ordinance be limited to something permanent which would add visually to Vail's open space experience. Mr. Wilto felt the addition of landscaping rights-of--way made the use of RETT funds too broad. He added landscaping was desirable, but from another fund. Rob Levine initiated brief discussion about current budget details related to the TOV RETT fund balance, and then suggested removing landscaping along I70 from this ordinance, with a change in the TOV budget to move $10,000 for the tree planting program from the RETT Fund into the General Fund. Merv Lapin moved to approve Ordinance No. 14, Series of 1992, on second reading with a change in item 2c to read only, "Landscaping parks and open space." Additionally, he moved, as part of this ordinance Council instruct staff to move $10,000 for the tree planting program from the RETT Fund into to the General Fund landscaping budget. Jim Shearer seconded the motion. Before a vote was taken, Mayor Osterfoss noted she felt for $10,000, in the interest of future compromise and flexibility from all parties involved, she was willing to support Merv's motion. Tom Steinberg called the question. A vote was taken and the motion passed unanimously, 6-0, Next was additional discussion of Ordinance No. 28, Series of 1992, second reading. Mayor Osterfoss read the title in full. Larry Eskwith noted one change in the language of Section 5.04.140 of the ordinance indicating the Council appointed Marketing Board would report to Council on or before August 31, 1996, rather than on August 31, 1996. Merv Lapin stated he was uncomfortable extending the annual business license fee for marketing indefinitely, and wanted a four year sunset provision as a way of holding the Vail Valley Marketing Board (VVMB} accountable. Tam Steinberg felt it would be helpful to strengthen the ordinance language requiring evaluation of the marketing program. Rob Levine suggested instead of on or before August 31,1996, the language be changed to read, "annually on or about August of each year." Mayor Osterfoss noted the problem with putting the four year sunset provision on at this point in time was, in fact, part of potential complications should Amendment No. 1 pass. Hermann Staufer emphasized the business community was in support of this tax because they recognized the need to market Vail, but he urged Council not to make the annual business license fee indefinite. Ken Wilson spoke in favor of the four year sunset provision. Mayor Osterfoss suggested addition of language in the ordinance to indicate there would be a merchant poll on an annual basis. This would allow the merchants a voice, as Tom Steinberg had suggested, rather than just the voice of second homeowners and others who might not be interested in marketing Vail. Merv Lapin moved that Ordinance No. 28, Series of 1992, be approved on second reading with the following changes: Section 5.04.140 - Termination, would read, "The Town Council, having evaluated the marketing program in this Chapter, hereby extends this Chapter until November 1, 1996, from the effective date of this ordinance." The following paragraph would read, "At a regular or special Town Council meeting or Town Council work session, on or before August 31 of each year, the marketing board appointed by the Town Council shall report to the Town Council members on the Marketing Board on the effectiveness of the marketing and promotional program financed by funds raised pursuant to this Chapter, and shall make recommendations to the Council in regard thereto. Subsequent to this report, the Town Council shall evaluate the program and this Chapter. There shall be anon-binding poll of business licensee payees on or before November 1, 1996." Jim Shearer seconded the motion. Before a vote was taken, Larry Eskwith suggested inclusion of language in the ordinance to indicate if the non-binding poll was inadvertently not taken, the ordinance would not be invalidated in any way. Merv added that to his motion. Tom Steinberg suggested an additional language change extension of the Chapter by either three or five years, in order to avoid having to re-discuss this issue at an election time, particularly should Amendment No. 1 fail this year and return in four years. Consensus was reached on a five year extension, and Merv added that to his motion. A vote was taken and the motion failed, 3-3, Rob Levine, Bob Buckley, and Mayor Osterfoss opposed. Rob Levine then moved to make a motion similar to Merv's except the Chapter would be extended indefinitely rather than until November 1, 1997. There would be an annual VVMB review and anon-binding merchant poll every four years. Bob Buckley seconded this motion. Before a vote was taken, Rob moved to change his motion to not include the non-binding poll in the ordinance and that staff be directed to perform the poll as frequently as Council desired. Bob Buckley seconded this change to Rob's motion. A vote on Rob's motion was taken and the motion failed, 3-3, Merv Lapin, Tom Steinberg, and Jim Shearer opposed. Rob Levine then moved to table this ordinance. Larry Eskwith was uncertain if tabling was possible at this time, and needed to check the timeframe involved. 2 Considering the possibility that Amendment No. 1 might pass, Ron Phillips suggested adopting this ordinance now without a sunset provision, and that Council make a commitment that if Amendment No. 1 did not pass, they would revisit this issue in November or December this year and place a sunset provision on it. At this point, Larry Eskwith established there was time to table this ordinance, but action had to be taken before December 31, 1992, or the business license would expire. Rob amended his motion to add an unwritten understanding that should Amendment No. 1 fail on November 3, 1992, Council would revisit this issue and add a sunset provision. Bob Buckley seconded this amendment to Rob's motion. A vote was then taken and the motion passed unanimously, 6-0. Item No. 6 was Ordinance No. 29, Series of 1992, first reading, annual appropriation ordinance: adopting a budget and financial plan and making appropriations to pay the costs, expenses, and liabilities of the Town of Vail, Colorado, for its fiscal year January 1, 1993, through December 31,1993, and providing for the levy assessment and collection of Town ad valorem property taxes due for the 1992 tax year and payable in the 1993 fiscal year. Mayor Osterfoss read the title in full. Steve Thompson noted the one change to the budget since Council had reviewed it was that $10,000 had been transferred from the RETT Fund to the General Fund. There was discussion regarding savings found as a result of payroll overtime reductions and the institution of a safety program to provide training to help reduce workman's compensation costs. Merv Lapin moved to approve Ordinance No. 29, Series of 1992, on first reading, with a second from Rob Levine. Before a vote was taken, Steve discussed some of the areas of safety measure controls TOV had over the budget. A vote was taken and the motion passed unanimously, 6-0. Item No. 7 was Resolution No. 14, Series of 1992, a resolution setting a fee in lieu of the dedication of land for school sites as provided for in Ordinance No. 1, Series of 1991. Mayor Osterfoss read the title in full. Merv Lapin moved to approve Resolution No. 14, Series of 1992, with a second from Tom Steinberg. Larry Eskwith noted the ordinance provided a per acre fee would be set annually, and that fee had not changed from last year. A vote was taken and the motion passed unanimously, 6-0. Item No. 8 was Resolution No. 17, Series of 1992, a resolution authorizing the purchase of that unplatted plat of the southeast one-quarter of the southeast one-quarter of Section 1, Township 5 South, Range 81 West of the 6th Principal Meridian, lying northerly of the Lion's Ridge Loop as shown on the recorded plat of the Lion's Ridge Subdivision recorded July 25, 1969, in Case 2, Drawer L, and Book 215 at Page 649, County of Eagle, State of Colorado ("the property.") Mayor Osterfoss read the title in full. Merv Lapin moved that Resolution No. 17, Series of 1992, authorizing the purchase of the parcel of land now known as the "Shapiro 6.844 acres" be approved, with a second from Tom Steinberg. Merv added to his motion staff be directed to fund the purchase of this parcel out of the RETT fund. Mayor Osterfoss suggested a language change to indicate "other municipal purposes" be changed to "other purposes as specified in the RETT ordinance. The motion was modified to incorporate that change. A vote was taken and the motion passed unanimously, 6-0. Item No. 9 was a review of a sign variance request for the Lodge Tower, 200 Vail Road, Lot A. Block 5C, Vail Village First Filing, applicant: Lodge Tower Condo Association. Mayor Osterfoss noted this request received unanimous recommendation for approval from the Design Review Board (DRB} at their October 7, 1992, meeting. Tim Devlin said the request was for additional signage as well as an increase in signage area. Mayor Osterfoss advised, if this request was approved, findings of special circumstances or conditions that constituted a physical hardship were required. Merv Lapin moved this sign variance request be approved per the staff memo of October 7,1992, from the Community Development Department (CDD) to the DRB indicated the Lodge Tower had proven physical hardship because of identification problems due to the location of the project in relationship to the Lodge at Vail, that special circumstances were not created by the applicant, that granting of this variance would be in general harmony with the purpose of this title and would not be materially detrimental to the persons residing or working in the vicinity, to adjacent property, to the neighborhood, or to the public welfare in general, and the variance would not depart from the provisions of this title any more than is required to identify the applicant's business or use. Bob Buckley seconded the motion. A vote was taken and the motion passed unanimously, 6-0. Item No. 10 was an appeal of a Planning and Environmental Committee (PEC) decision to deny a request to modify the landscape plan associated with the previously approved exterior alteration and site coverage variance for the Slifer Building, 230 Bridge Street, Part of Lots B and C, Block 5, Vail Village First Filing. The applicants were Rod and Beth Slifer. Tim Devlin said the originally approved landscape plan involved two planters, but the second planter was never built. A chronology of events pertaining to the landscape plan in question 3 w was available in the PEC memo to CDD dated September 28, 1992. Tim noted the PEC had suggested, and would allow, a modification to the planter that would be less costly to the applicant and not require any alterations to the building itself, but PEC had voted unanimously to deny this modification, 6-0. Mr. Slifer said he willingly did not build the planter as indicated on the approved plans, and expressed concerns about costs of remodelling in Vail Village and meeting what he considered excessive requirements set by TOV for modifications and upgrades. Mayor Osterfoss noted the requirements Mr. Slifer mentioned were addressed in the Vail Village Master Plan. Kristan Pritz added many of the regulations cited by Mr. Slifer were part of the Uniform Building Code. After additional discussion about several specific upgrades and modifications in the Village, Kristan said she felt the building code gave building officials guidance to determine what was appropriate. At this point, Jim Shearer stepped down due to conflict of interest. When asked by Rob Levine what Mr. Slifer would have TOV do differently, Mr. Slifer felt staff should be given more responsibility and more decision making power in small decisions. Regarding Mr. Slifer's appeal, Mayor Osterfoss indicated Mr. Slifer should have raised his concerns when the original exterior alteration and site coverage variance was approved. Rob Levine moved to uphold the PEC decision with regard to the Slifer Building per the exterior alteration originally used, with a second from Bob Buckley. Tim added the PEC felt the planter should be completed by Thanksgiving, '93, and staff was directed to decide on the appropriate time schedule for the planter completion date. Mr. Slifer said the planter was not a hardship for him. A vote was taken and the motion passed 4-1-1, Merv Lapin opposed, Jim Shearer abstaining. There being no further business, a motion to adjourn the meeting was made and passed unanimously. The meeting was adjourned at 10:35 P.M. Respectfully submitted, Margaret A. Osterfoss, Mayor ATTEST: Martha S. Raecker, Town Clerk Minutes taken by Dorianne S. Deto C:NAINSOCTti.92 4 ORDINANCE NO. 29 SERIES 1992 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 1993, THROUGH DECEMBER 31, 1993, AND PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 1992 TAX YEAR AND PAYABLE IN THE 1993 FISCAL YEAR. WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado, the Town Manager prepared and submitted to the Town Council a proposed long-range capital program for the Town and a proposed budget and financial plan for all Town funds and activities for the 1993 fiscal year; and WHEREAS, notice of public hearing on the proposed Town budget and capital program was published on the 9th day of October, 1992, more than seven (7) days prior to the hearing held on the 20th day of October, 1992, pursuant to Section 9.5 of the Charter; and WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for the 1993 fiscal year, to make appropriations for the amounts specified in the budget, and to provide for the levy, assessment and collection of Town ad valorem property taxes due for the 1992 year and payable in the 1993 fiscal year. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: - 1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day of January, 1993, and ending on the 31st day of December, 1993: FUND .AMOUNT General Fund $14,457,653 Capital Projects Fund 7,344,772 Conservation Trust Fund 12,100 Real Estate Transfer Tax 2,056,788 Special Parking Assessment 282,000 Heavy Equipment Fund 1,380,829 Police Seizure Fund 155,288 Debt Service Fund 5,565,468 Health Insurance Fund 657,000 Lionshead Mall Debt Service 106,000 Vail Marketing Fund 667,041 West Vail Debt Service Fund 7,031 Booth Creek Debt Service Fund 382,838 Police Building Construction Fund 4,000,000 Total: 37,074,808 Less Interfund Transfers: <8,587,387> Total Budget $28,487,421 1 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 1993 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Town. 4. For the purpose of defraying part of the operating and capital expenses of the Town of Vail, Colorado, during its 1992 fiscal year, the Town Council hereby levies a property tax of 6.689 mills upon each dollar of the total assessed valuation of $329,155,250 for the 1992 tax year of all taxable property within the Town, which will result in a gross tax levy of $2,201,719. Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the Colorado Revised Statutes (1973 as amended), and as otherwise required by law. 5. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 6. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 7. 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. 8. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail 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 proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 9. 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of October, 1992, and a public hearing shall be held on this Ordinance on the 3rd day of November, 1992, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Martha S. Raecker, Town Clerk 2 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1992. Margaret A. Osterfoss, Mayor ATTEST: Martha S. Raecker, Town Clerk C:10RD92.29 3 A • MEMORANDUM TO: Town Council FROM: Community Development Department DATE: November 3, 1992 SUBJECT: A request for an amendment to Chapter 18.57 Employee Housing for the Town of Vail Zoning Code. Applicant: Town of Vail Planner: Andy Knudtsen , t1 ~ ~ ~ ~ u f ylf Grf~i •':irri'~~ .:r~'~`R.rv~~ae._. j~.. ~..F~~,~~ ```sC3~.afka Y"~^"f~'rc" t.trcvrr J.cL~r ~eC7' s K . 5, ~ ~ ~r,.,~~N~~, ~t'~~/F ,b f vw' ~~ko-u;.C;. fi x :r.~ . r'i{f F r.}. i....Fi~rr',.r ~ F i 'e i r~ f ~ 5E~'w3`:'t"`L'."' ?^ioowwor , '~3~C`9i~'•X"`: ' f':.:..c.,,s ~r ~•`r/a~"fs6u;X#~„ .Wnf~cw,w~.c.,.;~~::3.z::aaW::::..... ;5imw~ . ..e..;cc~U'.uar.:.:~ra•:`•:'. I. Descrlptlon of the Request On September 1, 1992, Town Council passed an Employee Housing Ordinance on second reading. At that hearing, Council members and ciiazens made suggestions which were then incorporated into the ordinance. Since that hearing, staff has reviewed the wording that was adopted and believes that some adjustments to the wording should be made. The Planning and Environmental Commission reviewed the proposed changes on October 26, 1992, and voted 5-1-0, recommending approval of them. The PEC said that they believe the changes will clarify the ordinance and improve it. Diana Donovan voted against the proposal because she was concerned that the units allowed by the original ordinance could not be enforced in the future. The first proposed change makes the text more detailed and specific for each type of housing unit regarding ownership potential. The former ordinance had one sentence describing the ownership potential for Type I and Type III EHU's. The proposed ordinance deletes that sentence and replaces it with five separate paragraphs. The concepts do not change, as the previous ordinance allowed ownership in the case of Type I and Type III EHU's. The proposed ordinance maintains this standard and specifically states that individual ownership is not allowed for Types II, IV, and V. These changes are identified in the attached Ordinance as Section 18.57.020-Paragraph C, sub-paragraphs A through E. The second change states that all employee housing units, which are connected and part of another dwelling unit or structure, may not have interior access between the units. The proposed language is identified in the attached ordinance as Section 18.57.020-Paragraph K. The proposed language includes a separate sentence clarifying the standard, but does not change the intent. i i The third change relates to Type I units and Type III units. It allows EHU's which have been created in garages to be sold. Staff found that two statements in the orclinance are no longer needed. Specifically the sentence in 18.57.020-Paragraph D which stated that: "If an EHU is permitted to be located in a garage it shall not be sold separately from the dwelling unit or units located on the site or lot" is proposed to be deleted, as shown in the attached ordinance. A similar sentence in Section 18.57.040 (B) 5 is proposed to be de#~=ted. Please not that there are other standards in the ' ordinance which will ensure that gE:~ ~ ~~vill not be converted to EHU's unless there is no impact on the parking requirement/prov~:>ion. The fourth change is a correction of the word prospective, which is to be made in two different paragraphs. The last proposed change reduces the age limit of children in Type II EHU's from 16 to 5. Please keep in mind that the occupancy limit for Type II EHU's, is 2 adults and 2 children. The maximum number of bedrooms is 2. The PEC believed that in cases where families are living in Type II EHU's, that the children should be pre-school age. II. Conclusion Staff recommends approval of the proposed changes as we believe they clarify the existing wording of the ordinance. i ~J e~rJYN~~ ORDINANCE NO. 27 SERIES 1992 AN ORDINANCE AMENDING SECTION 18.57.020 -EMPLOYEE HOUSING UNITS (EHUS) GENERALLY, OF THE MUNICIPAL CODE OF THE TOWN OF VAIL, PARAGRAPH 18.57.020 (C) and (D) TO CLARIFY RESTRICTIONS ON THE LEASING AND SALE OF EMPLOYEE HOUSING UNITS, AND PARAGRAPH 18.57.020 (K), SECTION 18.57.040 (B) 5, SECTION 18.57.040 B 9, SECTION 18.57.060 B 13, . SECTION 18.57.050 B 7 TO CLARIFY THE MEANING. BE IT ORDAINED by the Town Council of the Town of Vail, Colorado: 1. Section 18.57.020 - Paraara~h C is hereby amended to read as follows: C. All types of EHUs may be leased, but only to tenants who are full-time employees who work in Eagle County. An EHU shall not be leased for a period less than thirty (30) consecutive days. a~ tk~,c ease-e# T; e III Ek~;s, t, , ~b'Cal: b.~.~. ~L ar q~ ~M~mF r~nii•lnnr.~ nw r.• Fr. ri4. . LT r.~'F.. G..~YYY~Fi 4 Fall t~~Pi eel .w i:: Ea~6a::nl:~L For the purposes of this Section, afull-time employee is one who works an average of a minimum of thirty (30) hours each week. ~a~ ~ ...~t?e i f» HC~ may.l~ soli, trensier~e~, ar can~r~yet~ separately fr~r~: an~r ~~Ie~F~rr:i~j~>Q.r:: Two amiiy ~wellir~p may b~ a .part ~t sa fang ~s;~t,: meai~.;the car~d~t~on~ yet f>ih<~i~ii~`~~~~'t4~ :i~ ``>~ti"thf;~>I~::: ii~~' .................................................::.;:.::i;. ~ t ~HU shalt r~o~ ~e sald> trays#erred o~ conkey~~3 separately fram ::.::.:::.::;:.;;:.;:.:~.>:::::>F:... ~~y..o~ Twt~-~am~l~r dv~sli rtg,.;rt I~ later w~thir~ yr atta~hed;l<ar ~,.;3 ; Typ <~l,~Hl~ ayba ~~d~ transferred, orccar~~teye~ separately frarn rsther dvit~ tip g .:::::.....::::....:ea s~ h~asl~ : ~r~~ts.that: ma .::ba.:la~at~d,on..th8: ~ame:lot..ar.wi.thir#.the:.sarne kt~,tikl~,,~..:;~rt.::wl~I±:: ~ha::'f'.. IIi::~Ht~.::is:: tacatsd.: ~~.::to~ a~.::it.: mee~~::;rfr.;:.±Bonditiar~s.:.se.t.::forth::.~r~. ..:::::.........::::::::::..::.::::::::::::.::::::::::Y~.:::::::::::::::::.....:::.:..........:::.......................... t~ . 'iwtiont:808~ I~ `t!1' o#1<tish`...: # ~<'~~p';>t~~I s~~. I nat.b~ sold, tran~~erre~d, car cQr~veyed separately i'ra tatfi~t' dwe I~ng writs or etnpiayee h4~tsing ~nLts that tray be Located Qn the same lot o.r:: withtn.;~r . . ante ~eildirg it ~uh~ah the Type L~;Ht! ~ tac~ted. . `:~;a~> to " ; < > ,::,:,:,:<::«..:~'>::::..,,.:<:::,,..;....: > < ~ ;.;.;..,yp. sf~atl rat be sQld~ transferredF car~~reyed separately ~rorr E#~;~~rgl~~F~rptly dv~ellLrg rt may be,lpaated withl..~.;ar.. attat~et~ tai 2. Section 18.57.020 - Paraaragh D is hereby amended to read as follows: D. ~Mit': t':$-e*seytier: e# T~~E:: lots-#ess thwn #rA9~s~6~8~Eet aid ~e III ~I-Ik~s, ~8-E~Ht-1-~`:wA tre , rGas#Er: ed;-e~-eeaveyed-~~p:.r. Maly-~#~:::: G::~t `,-wF"r~,i-dwelllag-a: e:alti #~:~:ily-dwell~g it may-f~~ ~ p~~; e#--l~ae i:~ ~ g~:uga-i#~Mal! :yet f~a-sell-s~paataly~a:~ ft~e-dwellirg a::it eF-lifllt'5~88~#E~BF t'.:E EIt8-eF~9~ 3. Section 18.57.020 - Paraaragh K is hereby amended to read as follows: K. Each EHU shall have its own entrance:: ads.".~I ir: G::~~ . ' ~ ' t.. ~ ,:h., r...,~hall.l~e infe~i~r access #rorn ar,y EHU, to any 4. Section 18.57.04085 is hereby amended to read as follows: (5) A Type I EHU may be rented in compliance with Section 18.57.020 or it may be sold, transferred, or conveyed separately from any Single-Family, orTwo-Family dwelling it may be a part of E: i# 18ea#ed-i~ ya: Gg;,, E~: G ~Ilings-~:~ th^ '~-e~lt~so long as it meets the following conditions: (a) It must be used by the owner of the EHU as a permanent residence. For the purpose of this paragraph, a permanent residence shall mean the home or place in which one's habitation is fixed and to which one, whenever he or she is absent, has a present intention of returning after a departure or absence therefrom, regardless of the duration of absence. In determining what is a permanent residence, the Town staff shall take the following circumstances relating to the owner of the residence into account: business pursuits, employment, income sources, residence for income or other tax purposes, age, marital status, residence of parents, spouse and children if any, location of personal and real property, and motor vehicle registration. (b) If a Type I EHU is sold, transferred, or conveyed separately from the other unit in aTwo-Family dwelling it is a part of, then both the Type I EHU and the unit to which it is attached shall be subject to all the provisions set forth in Section 18.57.020 F,G,H and K of this ordinance. 5. Section 18.57.040 B 9 is hereby amended to read as follows: (9) Thirty days prior to the transfer of a deed for a Type I EHU, the peFSy ;~t'.'i~~p~`5pti purchaser shall submit an application to the Community Development Department documenting that the prospective purchaser meets the criteria set forth in Sections 18.57.020 C and 18.57.040 B 5 (a) and shall include an affidavit affirming that he or she meets these criteria. ~ 2 6. Section 18.57.060 B 13 is hereby amended to read as follows: (13) Thirty days prior to the transfer of a deed for a Type I EHU, the rye~spesH+fe-p~'asprw#i~z purchaser shall submit an application to the Community Development Department documenting that the prospective purchaser meets the criteria set forth in Sections 18.57.020 C and 18.57.060 B 11 (a) and shall include an affidavit affirming that he or she meets these criteria. 7. Section 18.57.050 B 7 is hereby amended to read as follows: (7) No more than two (2) adults and one (1) child not older than si~,e ; ~j fi~r~~~~'years of age shall reside in a one (1) bedroom Type II EHU. No more than two (2) adults and two 2 children not older than sH ~ ~ g ( ) ~~>~ve: years of a e shall reside in a two 2 bedroom Type II EHU. 8. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 9. 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. 10. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail 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 proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 3 . , 11. 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of , 1992, and a public hearing shall be held on this Ordinance on the _ day of , 1992, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Martha S. Raecker, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED by this day of , 1992. Margaret A. Osterfoss, Mayor ATTEST: Martha S. Raecker, Town Clerk endy'e machirre:C:~housingVevisbn 4 ORDINANCE NO.9 SERIES 1992 AN ORDINANCE CREATING A NEW CHAPTER 18.57 -EMPLOYEE HOUSING AND SETTING FORTH DETAILS IN REGARD THERETO; AMENDING CHAPTERS 18.10, 18.12, 18.13, 18.14, 18.16, 18.18, 18.20, 18.22, 18.24, 18.27, 18.28, 18.29, 18.32, 18.34, 18.36, AND 18.39 TO PROVIDE FOR THE ADDITION OF EMPLOYEE HOUSING UNITS AS PERMITTED OR CONDITIONAL USES WITHIN CERTAIN ZONE DISTRICTS WITHIN THE TOWN OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO; AMENDING CHAPTER 18.04, SETTING FORTH CERTAIN DEFINITIONS FOR AN EMPLOYEE HOUSING UNIT, A BATHROOM, AND A KITCHENETTE. WHEREAS, the Town of Vail's economy is largely tourist based and the health of this economy is based on exemplary service for Vail's guests; and WHEREAS, Vail's ability to provide such service is dependent upon a strong, high quality and consistently available work force; and WHEREAS, to achieve such a work force, the community must work to provide quality living and working conditions; and WHEREAS, the Town recognizes the importance of its role in these efforts; and WHEREAS, the availability of housing plays a critical role in creating quality living and working conditions for the community's work force; and WHEREAS, in January, 1990, the Town of Vail commenced the preparation of an employee housing study which assessed the community's need for expanding the supply of employee housing for both year-round and seasonal, local residents, and provided a series of policies and recommendations to be followed by the Town of Vail; and WHEREAS, the Town of Vail Affordable Housing Study was completed and, following months of study, work sessions, and public hearings with the Town Council, the Planning and Environmental Commission, and the general public, the study was approved by the Town Council on November 20, 1990; and WHEREAS, the study concluded there is a shortage of employee housing in the Town of Vail; and WHEREAS, the Town Council now wishes to implement recommendations and policies set forth in the Affordable Housing Study for the provision of certain types of employee housing as a permitted or a conditional use in certain zone districts within the Town; NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado: i . Section 1 Chapter 18.04 -Definitions of the Municipal Code of the Town of Vail is hereby amended by the addition of Section 18.04.105, to read as follows: Section 18.04.105 Employee Housing Unit (EHU) shall mean a dwelling unit which shall not be leased or rented for any period less than thirty (30) consecutive days, and shall be rented only to tenants who are full-time employees in Eagle County. EHUs shall be allowed in certain zone districts as set forth in Chapter 18 of this Code. Development standards for EHUs shall be as provided in Chapter 18.57 -Employee Housing. For the purposes of this Section, afull-time employee shall mean a person who works a minimum of an average of thirty (30) hours per week. There shall be five (5) categories of EHUs: Type I, Type II, Type III, Type IV and Type V. Provisions relating to each type of EHU are set forth in Chapter 18.57 -Employee Housing of this Code. Section 2 Chapter 18.04 -Definitions of the Vail Municipal Code is hereby amended by the addition of Section 18.04.033 to read as follows: Section 18.04.033 Bathroom shall mean a room containing a working shower or bathtub, sink, and toilet. Section 3 Chapter 18.04 -Definitions of the Vail Municipal Code is hereby amended by the addition of Section 18.04.192 to read as follows: Section 18.04.192 Kitchenette shall mean a room containing not less than the following fixtures and appliances: a microwave oven and/or cooking surface, sink, and refrigerator. Section 4 Title 18 of the Vail Municipal Code is hereby amended by the addition of Chapter 18.57 to read as follows: Chanter 18.57 - Emnlovee Housing Sections: 18.57.010 -Purpose 18.57.020 -Employee Housing Units (EHU) Generally 2 18.57.030 -Applicability 18.57.040 - Type I -Employee Housing Unit 18.57.050 -Type II -Employee Housing Unit 18.57.060 -Type III -Employee Housing Unit 18.57.070 -Type IV -Employee Housing Unit 18.57.080 - Type V -Employee Housing Unit 18.57.010 -Purpose The Town of Vail'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 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. 18.57.020 -Employee Housing Units (EHU) Generally A) A chart attached to this chapter and incorporated herein by reference illustrates the requirements for each type of EHU. B) No employee housing unit which is constructed in accordance with this Chapter shall be subdivided or divided into any form of time shares, interval ownerships, or fractional fee. C) All Types of EHUs may be leased, but only to tenants who are full-time employees who work in Eagle County. An EHU shall not be leased for a period less than thirty (30) consecutive days. In the case of Type I EHUs and Type III EHUs, the owner of the EHU must use it as a permanent residence asset forth in this chapter and must be a full-time employee who works in Eagle county. For the purposes of this Section, afull-time employee is one who works an average of a minimum of thirty (30) hours each week. D) With the exception of Type I EHUs on lots less than 15,000 square feet and Type III EHUs, no EHU shall be subdivided, sold, transferred, or conveyed separately from any single- family dwelling, or two-family dwelling or multi-family dwelling it may be a part of. If an EHU is permitted to be located in a garage it shall not be sold separately from the dwelling unit or units located on the site or lot. 3 E) No later than February 1 of each year, the owner of each employee housing unit within the Town which is constructed following the effective date of this ordinance shall submit two (2) copies of a report on a form to be obtained from the Community Development Department, to the Community Development Department of the Town of Vail and Chairman of the Town of Vail Housing Authority setting forth evidence establishing that each tenant whom resides within their employee housing unit is a full-time employee in Eagle County. F) No property containing an EHU shall exceed the maximum GRFA permitted in Title 18 except as provided in Paragraph 18.57.040 (B)4, 18.57.050 (B)5 or 18.57.080 (B)3 of this Chapter. G) All trash facilities shall be enclosed. H) All surface parking shall be screened by landscaping or berms as per Design Review Guidelines, Section 18.54.050 (D) 3. I) Any applicant who applies for a Conditional Use Permit for the purpose of constructing employee housing, shall not be required to pay a Conditional Use Permit application fee. J) The provisions as set forth in Section 18.57.020 paragraphs B,C,D, and E shall be incorporated into a written agreement in a form approved by the Town Attorney which shall run with the land and shall not be amended or terminated without the written approval of the Town of Vail. Said agreement shall be recorded at the County Clerk and Recorder Office prior to the issuance of a building permit for the construction of an EHU. K) Each EHU shall have a separate entrance and shall not be connected in any way to any unit it may be attached to. 18.57.030 -Applicability A) The requirements of this Chapter shall be in addition to the requirements set forth in each zone district where EHUs are permitted by this Chapter and all other requirements of the Town of Vail Municipal Code. B) Where the provisions or requirements of this Chapter conflict with the provisions or requirements set forth in any zone district or any other requirements of the Town of Vail Municipal Code, the provisions of this Chapter shall control. 18.57.040 - Tvpe I - Employee Housina Unit A) Purpose To allow for construction of an EHU on lots in the Primary/Secondary and Two=Family 4 Zone Districts which do not meet the minimum lot size requirement for said zone districts. B) General Conditions A Type I EHU shall comply with the following general provisions: 1. It shall be a permitted use in the Primary/Secondary Residential, and Two-Family Residential zone districts. 2. It shall be allowed on a lot that is less than 15,000 square feet in total site area. 3. It shall be one (1) of the dwelling units in atwo-family dwelling pursuant to Section 18.54.050 (I) Design Guidelines Duplex and Primary/Secondary Development. It may also be located in, or attached to, an existing garage provided the garage is not located within any setback, and further provided that no existing parking required by the Town of Vail Municipal Code is reduced or eliminated. 4. It shall not exceed forty percent (40%) of the total GRFA allowed on the lot. An applicant, however, shall be permitted to apply to the Community Development Department of the Town of Vail for additional GRFA not to exceed two hundred fifty (250) square feet to be used in the construction of the EHU. The applicant shall submit an application for the additional GRFA on a form provided by the Community Development Department. Approval or denial of the request shall be made by the Design Review Board in accordance with Section 18.54.040. If an applicant obtains Design Review Board approval for additional GRFA for the EHU, he or she shall not be entitled to receive additional GRFA pursuant to Chapter 18.71 -Additional Gross Residential Floor Area of this Code for either unit on the lot. 5. A Type I EHU may be rented in compliance with Section 18.57.020 or it may be sold, transferred, or conveyed separately from any Single-Family, or Two-Family dwelling it may be a part of or if located in a garage, from any of the other dwellings on the lot or site so long as it meets the following conditions: a. It must be used by the owner of the EHU as a permanent residence. For the purpose of this paragraph, a permanent residence shall mean the home or place in which one's habitation is fixed and to which one, whenever he or she is absent, has a present intention of returning after a departure or absence therefrom, regardless of the duration of absence. In determining what is a permanent residence, the Town staff shall take the following circumstances relating to the owner of the residence into account: business pursuits, employment, income sources, residence for income or other tax purposes, age, marital status, residence of parents, spouse and children if any, location of personal and real property, and motor vehicle registration. 5 b. If a Type I EHU is sold, transferred, or conveyed separately from the other unit in a Two-Family dwelling it is a part of, then both the Type I EHU and the unit to which it is attached shall be subject to all the provisions set forth in Section 18.57.020 F,G,H and K of this ordinance. 6. No less than fifty percent (50%) of the parking required for the Type I EHU by the Vail Municipal Code shall be enclosed. 7. It shall be entitled to a GRFA credit of 425 sq. ft., as set forth in Sections 18.12.090 (A) and 18.13.080 (A) of this code. 8. If a Type I EHU is sold separately from the Two-Family dwelling it is a part of, then the provisions as set forth in Section 18.57.020 paragraphs B, C and E as well as Section 18.57.040 (B) 5 (a) and (b) shall be incorporated into a written agreement applicable to both the Type I EHU and the dwelling unit to which it is attached in a form approved by the Town Attorney which shall run with the land and shall not be amended or terminated without the written approval of the Town of Vail. Said agreement shall be recorded at the County Clerk and Recorder Office prior to the issuance of a building permit for the construction of an EHU. 9. Thirty days prior to the transfer of a deed for a Type I EHU, the perspective purchaser shall submit an application to the Community Development Department documenting that the prospective purchaser meets the criteria set forth in Sections 18.57.020 C and 18.57.040 B 5 (a) and shall include an affidavit affirming that he or she meets these criteria. C) A~~lication Any person who wishes to construct a Type I EHU shall submit an application for Design Review Board approval to the Community Development Department containing the following information: 1. The name and mailing address of the applicant. 2. The written consent of the owners of the lot or property to be included in the application or the written consent of their agent or authorized representatives. For the purposes of this paragraph, agent or authorized representative shall mean any individual or association authorized or empowered in writing by the property owner to act on his or her behalf. If any of the property to be included is a condominiumized development, the pertinent condominium association may be considered the agent or authorized representative for the individual unit owner if allowed by all pertinent requirements of the condominium association's declarations. 3. The legal description and street address of the lot or site for which the proposal is made. 6 4. A list of the owner or owners of record and their mailing addresses for the properties adjacent to the property which is the subject of the hearing. D) Review The application shall be reviewed by the Design Review Board in accordance with Chapter 18.54-Design Review of the Town of Vail Municipal Code. 18.57.050 - Tvoe II - Emulovee Housing Unit A) Purpose To allow for the construction of an EHU on lots in the Single-Family, Two-Family, and Primary/Secondary zone, districts which meet the minimum lot size requirement for said zone districts. B) General Conditions 1. It shall be a conditional use in the Single-Family Residential, Two-Family Residential and Primary/Secondary Residential zone districts. 2. It shall be permitted only on lots which comply with minimum lot size requirements of the zone district in which the lot is located. 3. It shall be located within, or attached to, asingle-family dwelling or be located within, or attached to, atwo-family dwelling pursuant to Section 18.54.050(1) -Design Guidelines Duplex and Primary/Secondary Development. It may also be located in, or attached to, an existing garage provided the garage is not located within any setback, and further provided that no existing parking required by the Town of Vail Municipal Code is reduced or eliminated. 4. It shall not be counted as a dwelling unit for the purposes of calculating density. However, it shall contain kitchen facilities and a bathroom, as defined in Chapter 18.04 - Definitions of the Vail Municipal Code. It shall be permitted to be a third dwelling unit in addition to the two dwelling units which may already exist on the lot. Only one Type II EHU shall be allowed per lot. 5. It shall have a GRFA not less than three hundred (300) square feet, nor more than nine hundred (900) square feet. An applicant, however, shall be permitted to apply to the Community Development Department of the Town of Vail for additional GRFA not to exceed five hundred (500) square feet to be used in the construction of the EHU. The applicant shall submit an application for the additional GRFA on a form provided by the Community Development Department. Approval or denial of the request shall be made by the Design Review Board in accordance with Section 18.54.040. If an applicant obtains Design Review Board approval for 7 500 sq. ft. of additional GRFA for the EHU, he or she shall not be entitled to receive additional GRFA pursuant to Chapter 18.71 -Additional Gross Residential Floor Area of this Code for either unit on the lot. If an applicant obtains Design Review Board approval for not more than 250 sq. ft. of additional GRFA for the EHU, he or she shall be entitled to receive additional GRFA pursuant to Chapter 18.71 -Additional Gross Residential Floor Area of this code for one dwelling unit on the lot. 6. It shall have no more than two (2) bedrooms. 7. No more than two (2) adults and one (1) child not older than sixteen (16) years of age shall reside in a one (1) bedroom Type II EHU. No more than two (2) adults and two (2) children not older than sixteen (16) years of age shall reside in a two (2) bedroom Type II EHU. 8. Each Type II EHU shall be required to have no less than one (1) parking space for each bedroom located therein. However, if a one (1) bedroom Type II EHU exceeds six hundred (600) square feet, it shall have two (2) parking spaces. All parking spaces required by this Code shall be located on the same lot or site as the EHU. If no dwelling exists upon the property which is proposed for a Type II EHU at the time a building permit is issued, or if an existing dwelling is to be demolished and replaced by a new dwelling, not less than one (1) of the parking spaces required by this paragraph shall be enclosed. A 300 sq. ft. GRFA credit shall be allowed for the construction of one enclosed parking space for the Type II EHU. 18.57.060 - Tvpe III - Employee Housing Unit A) Purpose To allow for the construction of EHUs in multiple family and mixed use zone districts. B) General Conditions 1. It shall be a conditional use in the Residential Cluster, Low Density Multiple-Family, Medium Density Multiple-Family, High Density Multiple-Family, Public Accommodation, Commercial Core I, Commercial Core II, Commercial Core III, Commercial Service Center, Arterial Business District, Parking District, Public Use, and Ski Base/Recreation zone districts. 2. It may be constructed on legal non-conforming lots and sites as well as on lots and sites which meet the minimum lot size requirements in the zone district in which it is located. 3. It shall be counted as 0.5 dwelling units for the purposes of calculating density. The number of Type III EHUs shall be determined by the Planning and Environmental Commission as part of the conditional use permit review process set forth in Chapter 18.60.060 - Criteria -Findings. 8 4. It shall have a GRFA of not less than four hundred fifty (450) square feet and not more than nine hundred (900) square feet. 5. It shall have kitchen facilities and a bathroom as defined in Chapter 18.04 - Definitions of the Municipal Code of the Town of Vail. 6. It shall have no more than three (3) bedrooms. 7. No more than two (2) persons for each bedroom located therein shall reside in a Type III EHU. 8. It shall be required to have one (1) parking space for each bedroom. However, if a one (1) bedroom Type III EHU exceeds six hundred (600) square feet it shall have two (2) parking spaces. Any guest parking requirements shall be determined by the Planning and Environmental Commission as a part of the conditional use permit review process set forth in 18.60.060. 9. It shall not be entitled to additional GRFA in accordance with Chapter 18.71- Additional Gross Residential Floor Area. 10. GRFA shall be determined as set forth in Section 18.04.130 (B) of this code. 11. A Type III EHU may be rented in compliance with Section 18.57.020 or it may be sold, transferred, or conveyed separately from other dwelling units or Employee Housing Units that may be located on the same lot or within the same building in which the Type III EHU is located so long as it meets the following conditions: a. It must be used by the owner of the EHU as a permanent residence. For the purpose of this paragraph, a permanent residence shall mean the home or place in which one's habitation is fixed and to which one, whenever he or she is absent, has a present intention of returning after a departure or absence therefrom, regardless of the duration of absence. In determining what is a permanent residence, the Town staff shall take the following circumstances relating to the owner of the residence into account: business pursuits, employment, income sources, residence for income or other tax purposes, age, marital status, residence of parents, spouse and children if any, location of personal and real property, and motor vehicle registration. b. If a Type III EHU is sold, transferred, or conveyed separately from the other dwelling units and/or Type III Employee Housing Units in a multifamily structure it is a part of, or from other dwelling units and/or Type III EHUs located on the same lot, the Type III EHUs in the structure or on that lot shall be subject to all the provisions set forth in Section 18.57.020 F,G,H and K of this ordinance. 9 12. If a Type III EHU is sold separately from other dwelling units and/or Type III Employee Housing Units in a multifamily structure it is a part of, or from other dwelling units and/or Type III EHUs located on the same lot, the provisions as set forth in Section 18.57.020 paragraphs B, C and E as well as Section 18.57.060 (Bj 11 (a) and (b) shall be incorporated into a written agreement applicable to the Type III EHU in a form approved by the Town Attorney which shall run with the land and shall not be amended or terminated without the written approval of the Town of Vail. Said agreement shall be recorded at the County Clerk and Recorder Office prior to the issuance of a building permit for the construction of an EHU. 13. Thirty days prior to the transfer of a deed for a Type III EHU, the prospective purchaser shall submit an application to the Community Development Department documenting that the prospective purchaser meets the criteria set forth in Sections 18.57.020 C and 18.57.060 B 11 (a) and shall include an affidavit affirming that he or she meets these criteria. 18.57.070 - Tv~e IV - Emnlovee Housina Unit A) Purpose To allow for the construction of EHUs in multifamily and mixed use zone districts which are similar to studio dwelling units. B) General Conditions 1. It shall be a conditional use in the Residential Cluster, Low Density Multiple-Family, Medium Density Multiple-Family, High Density Multiple-Family, Public Accommodation, Commercial Core I, Commercial Core II, Commercial Core III, Commercial Service Center, Arterial Business District, Parking District, Public Use, and Ski/Base Recreation zone districts. 2. It may be constructed on legal non-conforming lots and sites as well as on lots and sites which meet the minimum lot size requirement in the zone district in which it is located. 3. It shall be counted as 0.333 of a dwelling unit for the purposes of calculating density. The number of Type IV EHUs shall be determined by the Planning and Environmental Commission as part of the conditional use permits review process set forth in Chapter 18.60.060 - Criteria -Findings. 4. It shall have a GRFA of not less than two hundred (200) square feet and not more than three hundred (300) square feet and shall include a bathroom and a kitchenette as defined in Chapter 18.04 -Definitions of the Vail Municipal Code. 5. Each building which contains a Type IV EHU shall contain a storage locker not less 10 than 5' width x 6' height x 5' length (one hundred fifty cubic feet) in size for each Type IV EHU contained therein, and not less than one (1) washer and dryer for common use by each eight (8) EHUs located therein. In no event shall less than one (1) washer and dryer be provided in a building with less than eight (8) EHUs. 6. No more than one (1) person shall reside in a Type IV EHU. 7. It shall be required to have one (1) parking space. Guest parking requirements shall be determined by the Planning and Environmental Commission in accordance with the conditional use permit review process set forth in Chapter 18.60.060 Criteria -Findings. 8. It shall not be entitled to additional GRFA under Chapter 18.71 -Additional Gross Residential Floor Area. 9. GRFA shall be determined as set forth in Section 18.04.130 (B) of this code. 18.57.080 - Tvne V - Emglovee Housing Unit A) Purpose To allow for construction of an EHU on lots in the Hillside Residential Zone District. B) General Conditions A Type V EHU shall comply with the following general provisions: 1. It shall be a permitted use in the Hillside Residential Zone District. 2. It shall be one (1) of the dwelling units in atwo-family dwelling pursuant to Section 18.54.050 (I) Design Guidelines Duplex and Primary/Secondary Development. It may also be located in, or attached to, an existing garage provided the garage is not located within any setback, and further provided that no existing parking required by the Town of Vail Municipal Code is reduced or eliminated. It shall not be a separate free-standing structure. 3. It shall have a GRFA of not more than one thousand two hundred (1,200) square feet. An applicant, however, shall be permitted to apply to the Community Development Department of the Town of Vail for additional GRFA not to exceed two hundred fifty (250) square feet to be used in the construction of the EHU. The applicant shall submit an application for the additional GRFA on a form provided by the Community Development Department. Approval or denial of the request shall be made by the Design Review Board in accordance with Section 18.54.040. If an applicant obtains Design Review Board approval for additional GRFA for the EHU, he or she shall not be entitled to receive additional GRFA pursuant to Chapter 18.71 - Additional Gross Residential Floor Area of this Code for either unit on the lot. 4. No less than fifty percent (50%) of the parking required for the Type V EHU by the 11 1 ~ Vail Municipal Code shall be enclosed. 5. It shall be entitled to a GRFA credit of 425 sq. ft. as set forth in Section 18.090.080 of this code. Section 5 Section 18.09.020 -Hillside Residential District (HR) Permitted Uses, of the Municipal Code of the Town of Vail is hereby repealed and reenacted: Permitted Uses: The following uses shall be permitted in the HR district: A. Single Family residential dwellings; B. One Type V Employee Housing Unit per lot as set forth in Section 18.57.080. Section 6 Section 18.10.030 -Single Family District SF) Conditional Uses, of the Municipal Code of the Town of Vail is hereby amended by the addition of Paragraph H to read as follows: H. Type II Employee Housing Unit as set forth in Section 18.57.050 of this Code. Section 7 Section 18.12.020 -Two Family Residential District (R) Permitted Uses, of the Municipal Code of the Town of Vail is hereby amended by the addition of Paragraph C to read as follows: C. Type 1 Employee Housing Unit as set forth in Section 18.57.040 of this Code. Section 8 Section 18.12.030 -Two Family Residential District (R) Conditional Uses, of the Municipal Code of the Town of Vail is hereby amended by the addition of Paragraph H to read as follows: H. Type II Employee Housing Unit as set forth in Section 18.57.050. Section 9 Section 18.12.090(A) -Two Family Residential District (R) Density control, is hereby repealed and re-enacted to read as follows: A. Not more than a total of two (2) dwelling units shall be permitted on each site with only one dwelling unit permitted on lots less than fifteen thousand square feet. 12 The following GRFA shall be permitted on each site: 1. Twenty five (25) square feet of GRFA for each one hundred (100) square feet of the first fifteen thousand (15,000) square feet of site area; plus 2. Ten (10) square feet of GRFA for each one hundred (100) square feet of site area over fifteen thousand (15,000) square feet, not to exceed thirty thousand (30,000) square feet of site area; plus 3. Five (5) square feet of GRFA for each one hundred (100) square feet of site area in excess of thirty thousand (30,000) square feet. In addition to the above, four hundred twenty five (425) square feet of Gross Residential Floor Area (GRFA) shall be permitted for each allowable dwelling unit. No Two-Family Residential lot except those located entirely in the red hazard avalanche zone, or the flood plain, or those of less than fifteen thousand (15,000) square feet shall be so restricted that it can not be occupied by aTwo-Family dwelling. Notwithstanding the foregoing, a Type I EHU may be allowed on lots which are less than fifteen thousand (15,000) square feet in accordance with Chapter 18.57.040 of the Municipal Code of the Town of Vail. Section 10 Section 18.12.090(6) Two-Family Residential District (R) Density Control, of the Municipal Code of the Town of Vail, is hereby repealed and re-enacted to read as follows: B. Notwithstanding the provision of Paragraph A of this Section 18.12.090, a Type I EHU shall be permitted on lots of less than fifteen thousand (15,000) square feet in accordance with the provisions of Section 18.57.040 of the Municipal Code of the Town of Vail. Section 11 Section 18.13.020 -Primary/Secondary Residential District (PS) Permitted Uses, of the Municipal Code of the Town of Vail, is hereby amended by the addition Paragraph C to read as follows: C. Type I Employee Housing Unit as defined in Section 18.57.040. Section 12 Section 18.13.030 -Primary/Secondary Residential District (PS) Conditional Uses, of the Municipal Code of the Town of Vail is hereby amended by the addition of Paragraph G to read 13 as follows: G. Type II Employee Housing Unit as set forth in Section 18.57.050. Section 13 Section 18.13.080(A) -Primary/Secondary Residential District (PS) Density Control, of the Municipal Code of the Town of Vail, is hereby repealed and reenacted to read as follows: A. Not more than a total of two dwelling units shall be permitted on each site with only one dwelling unit permitted on lots less than fifteen thousand square feet. The following GRFA shall be permitted on each site: 1. Twenty five (25) square feet of GRFA for each one hundred (100) square feet of the first fifteen thousand (15,000) square feet of site area; plus 2. Ten (10) square feet of GRFA for each one hundred (100) square feet of site area over fifteen thousand (15,000) square feet, not to exceed thirty thousand (30,000) square feet of site area; plus 3. Five (5) square feet of GRFA for each one hundred (100) square feet of site area in excess of thirty thousand (30,000) square feet. In addition to the above, four hundred twenty five (425) square feet of GRFA shall be permitted for each allowable dwelling unit. On any site containing two (2) dwelling units, one (1) of the units shall not exceed 40% of the total allowable GRFA. No Primary/Secondary Residential lot except those located entirely in the red hazard avalanche zone, or the flood plain, or those of less than fifteen thousand (15,000) square feet shall be so restricted that it can not be occupied by a Primary/Secondary dwelling. Notwithstanding the foregoing, a Type I EHU may be permitted on lots of less than fifteen thousand (15,000) square feet in accordance with Chapter 18.57.040 of the Municipal Code of the Town of Vail. Section 14 Section 18.13.080(8) -Primary/Secondary Residential District (PS) Density Control, of the Municipal Code of the Town of Vail, is hereby repealed and reenacted to read as follows: B. Notwithstanding the provisions of Paragraph A of this Section 18.13.080, a Type I EHU may be permitted on lots of less than fifteen thousand (15,000) square feet in accordance with Section 18.57.040 of the Municipal Code of the Town of Vail. 14 1 ~ Section 15 Section 18.14.030 Residential Cluster (RC) District Conditional Uses, of the Municipal Code of the Town of Vail, is hereby amended by the addition of Paragraphs I and J to read as follows: I. Type III EHU as defined in 18.57.060 of this Code. J. Type IV EHU as defined in 18.57.070 of this Code. Section 16 Section 18.16.030 Low-Density Multi-Family (LDMF) District Conditional Uses, of the Municipal Code of the Town of Vail, is hereby amended by the additional of Paragraphs I and J to read as follows: I. Type III EHU as defined in Section 18.57.060 of this Code. J. Type IV EHU as defined in Section 18.57.070 of this Code. Section 17 Section 18.18.030 Medium-Density Multiple-Family (MDMF) District Conditional Uses, of the Municipal Code of the Town of Vail, is hereby amended by the addition of Paragraphs I and J to read .as follows: I. Type III EHU as defined in Section 18.57.060. J. Type IV EHU as defined in Section 18.57.070. Section 18 Section 18.20.030 -High Density Multiple Family (HDMF) District Conditional Uses, of the Municipal Code of the Town of Vail, is hereby amended by the addition of Paragraphs M and N to read as follows: M. Type III EHU as defined in Section 18.57.060. N. Type IV EHU as defined in Section 18.57.070. Section 19 Section 18.22.030 Public Accommodation (PA) District Conditional Uses, of the Municipal Code of the Town of Vail, is hereby amended by the addition of Paragraphs P and Q to read as follows: 15 P. Type III EHU as defined in Section 18.57.060. Q. Type IV EHU as defined in Section 18.57.070. Section 20 Section 18.24.040(6), Commercial Core I (CCI) District Permitted and Conditional Uses - Second Floor, of the Municipal Code of the Town of Vail, is hereby amended by the addition of Subparagraphs 10 and 11 to read as follows: 10. Type III EHU as defined in Section 18.57.060. 11. Type IV EHU as defined in Section 18.57.070. Section 21 Section 18.24.050(6), Commercial Core I (CCI) District Permitted and Conditional Uses Above Second Floor, of the Municipal Code of the Town of Vail, is hereby amended by the addition of Subparagraphs 10 and 11 to read as follows: 10. Type III EHU as defined in Section 18.57.060. 11. Type IV EHU as defined in Section 18.57.070. Section 22 Section 18.27.030 (B), Commercial Core III (CCIII) District Conditional Uses, of the Municipal Code of the Town of Vail, is hereby repealed and reenacted by read as follows: B. Type III EHU as defined in Section 18.57.060 and Type IV EHU as defined in Section 18.57.070. Section 23 Section 18.28.040, Commercial Service Center (CSC) District Conditional Uses, of the Municipal Code of the Town of Vail, is hereby amended by the addition of Paragraphs M and N to read as follows: M. Type III EHU as defined in Section 18.57.060. N. Type IV EHU as defined in Section 18.57.070. Section 24 Section 18.29.030(A), Arterial Business District Conditional Uses, of the Municipal Code 16 1 I i ~ of the Town of Vail, is hereby amended by the addition of Type III EHU, as defined in Section 18.57.060 and Type IV EHU, as defined in Section 18.57.070 to the list of allowable conditional uses. Section 25 The following Paragraph is hereby repealed from Section 18.29.030(A), of the Municipal Code of the Town of Vail: Multi-Family dwellings for the employees of the Upper Eagle Valley as further restricted by Section 18.27.130 of this zone district. Section 26 Section 18.34.030, Parking District Conditional Uses, of the Municipal Code of the Town of Vail, is hereby amended by the addition of Paragraphs E and F to read as follows: F. Type III EHU as defined in Section 18.57.060. G. Type IV EHU as defined in Section 18.57.070. Section 27 Section 18.36.030, Public Use (PUD) District Conditional Uses -Generally, of the Town of Vail Municipal Code, is hereby amended by the addition of Paragraphs T and U to read as follows: T. Type III EHU as defined in Section 18.57.060. U. Type IV EHU as defined in Section 18.57.070. Section 28 Paragraph 18.36.030(P), Public Use (PUD) District Conditional Uses, of the Town of Vail Municipal Code, is hereby repealed. Section 29 Section 18.39.050(A), Ski Base/Recreation District Conditional Uses, of the Town of Vail Municipal Code, is hereby amended by the addition of Subparagraphs 13 and 14 to read as follows: 13. Type III EHU as defined in Section 18.57.060. 17 14. Type IV EHU as defined in Section 18.57.070. Section 30 Section 18.32.030, Agricultural and Open Space (A) District Conditional Uses, of the Town of Vail Municipal Code, is hereby amended by the addition of Paragraph J to read as follows: J. Type II EHU as defined in Section 18.57.050. Section 31 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 32 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 33 The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail 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 proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 34 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. 18 i .w ~ INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this _ day of , and a public hearing shall be held on this Ordinance on the day of , 1992, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Martha S. Raecker, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1992. Margaret A. Osterfoss, Mayor ATTEST: Martha S. Raecker, Town Clerk frant~Clordbrd9.9Q andyC:lhousingW RD9.92 tloppysbrd9.92 19 SECTION 18.57.020(A) -EMPLOYEE HOUSING UNITS (EHU) GENERALLY ~ ~ Max. No. Max. No. Zoning Lot Slze Density Approv- of Bed• of Resl- Kitchen Parking Code EHU Districts Which Require- Calcula- GRFA Ownership Ing rooms dents Faclll- Requlre- Sectlon Type Altow EHU's ments tlons Restrictions 250 Potential Authority Allowed Allowed ties ments Credits 18.57.040 Type I PIS Two Family Less than 1.0 40% of Yes Yes, both DRB NlA NIA Full 50% 425 sq. ft. 15,000 allowable units get enclosed`; ` GRFA restricted 1-2 spaces 18.57.050 Type II Agriculturall Minimum 0.0 300-900 sq. ft. Yes No PEC 2 2 adults Full 1 spacel One Open Space of 15,000 2 children bedroom` garage Single Family sp. of 300 PIS Two Family ~ ft. 18.57.060 Type III RCILDMP! NIA 0.5 450-900 sq. ft. No Yes PEC 3 6 Full 1 space! Multifamily MDMF/HDMFI bedroom' Credits PA/CCI/CCI11 CSCIABD/P/ PU/SBR 18.57.070 Type IV RCILDMP! NIA 0.333 200-300 sq. ft. No No PEC NIA 1 Kitchen• 1 space Multifamily MDMFlHDMFI ette Credits PAICCIICCII/ CSCIABDIPI PUISBR 18.57.080 Type V Hillside 21,7801 1.0 0-1,200 sq. ft. Yes No DRB NIA NIA Full 1-2 425 sq. ft. Residential spaces` 50% enclosed ` -Please see text for specific requirements. c:ler,anmemosu~er,e, 29z SINE BY :EAGLE COUMI'Y ;10-29-92 ; 10.36 ; 3033287207-? 9034?92157 ; # 1 / 3 .Y , ~;:.t i 8'~2 'f • • FAG1f UlllhlfY BL~1I7gVG ~ S51 B~Ab~AY ` ®pAAD OF COAtM y: ~z.•~ ',•'s EK1F. COLORAIk~ ><1[31 (303) 328-f60S '`;t ~ r~' FAX: (~03) 328•i207 . EAGLE COUNTY, COLORADO . AGENDA . BOARD OF COUNTY CIaMMISSIONERS REGULAR MCC-ru+1Ci' DAY MONDAY, NOVEMB$R 2, 1992 • 09:00 -10:00 VPURK SESSION - WEEKLY UPDATE ' arl: ~r~e 310LY Ae4ssRO[ul James R Fritze ,County Ma1~agCr 10:00 -10:45 PF1rTD~ING LITIGATION Ml: at,~ 3iotr aao?ss Kevin I.indabi, Co:,nty Attorney 10:46 -11:40 ~'~;BREAK~** 11:00 - 11:30 WORN 6ESSION TO DISCUSS THE FEAvutu.YTY OF A ~,.,rull!'Y3tOGIM COMBINATION PEDESTRIANIBIKE PATH oN THE NORTH SIDE iDF EAGLIt BOAR IN EAGLE-NAIL Larry Mettiernick, couaty BngincGr ACTION: Consided .~,~,~.,.~,s1. 11.:30 -11;45 COh~,~l'I' CALF~DAR aec18 (XILIN1Y3D0l78! 1i1J1fS OFd RDlrQlltBdl~ NDl~f~70iNJROVA64At NA7TA0BARS PL1[~D ON?3iB' C~7V7'r~~D'" 'a 7~7 All.0i1?T!i81db11~ OF G~lSMOA'3atfi ~ 3PID1D 77'AI3s I!~ 3~1' ~ 111A03tTdM ~ A l8ll~.vy ~ ss~ A uiis r.d. tnJA(LS~lan~ A(~lP' 771i17dN12141Y aB ~I[OYI~'l~ROlif ~ GY!!~>VT'CdIJl13GLl8AAID ~ ~dy~ SBPdRd21~Y. dlVYdfRX3t~ OF 7RC PUffilCMAY ')[~168T d1VYllfiA/ >f8 '3t®tO1+Bb' FROM 1136 Mll.u s ~ ~ ~lt~A~l. t. BILL PAYING L Pa4lwch, A..,.,.~.ting Larry t~evea, Controller ACTION: Arr., rat subject to revicw by the County Manager. ' SEKf BY~EAGLE COUf~TY ,10-29-92 ; 1036 ; 9033267207-? 3034792157;# 2/ 3 ' 2. idQUOR LdCENSE HEARING -11~INAGEMEiV'r CHAF+IGE - SADDLT RIDGE AT BEA ~ CR~r.~ Mary Jo B«. ~..ato, Assistant County Atborr~y . AC ~ ~~~rN: Consider approval. 3. APPROVAL OF I4QnTU1TB FCfR MOP,,, Y~ OF OCTOBJG~ 7ohnt~tte Pfiillips, Clerl~ tD ffie Board Ak.ixG1Y: Consider apprrn~l. 4. PLANNING RF~OLUTIdNS SIGNIIrTG Kedl~ Montag I. ZS-909x91-S~.'x~GEL GRAVEL PRT II. 15U-IZ1-9QA-OLD EDWARpS ESTATES, P~,,Il11G 2 III. ZS-604A1-OLSEN RANCH, WOLG'OTl' IV, HOLY CR03S, BB.ACON ffiLL CONIIK'UNICA ~ r s SITE A~:~YaN: Consider approval. 11:45 -12:00 A. RELEASE pA1 Lp ~i~,?+.~. S('~UAW CR,r.G~d?,ROAD (FILIlITG co.,~~~j~ Ronar Y~~ AND AC,..rr ~ 1~ND5 nv LIEU aF C.ASA[ hoR WARRANTY PPdtIUD , Mara Klcinschrrddt, Deputy County Attorney ACTION: Consider approval. B. STATUS UPt]ATE ON RIGHT OF WAY ACQG~:~,. a Ykrx l FOR SQUAW x ROAD; RF•A~+r ~M RIGHT OF WAY COLLA Y,e~~ALiZAT`ION AND 6UBSl'ANTIATL >INDB11~Y Y ~ AGR,a,rt..?.~dVT Ak,,.~~ON: Consider are. ~ .val. C. rwr~CUTE SUBDI'ViSION ZIVVIPROVE]1~N'i'S AGRrr~wII.NT AND PLAN' FOR FILING SDI, AS PlIEVIOLTSLY APPR(3 ~ r~u?, INCLUDING APPROVAL OF AD~U5TNr~+,,.+~ TO PHASE I COLLA~~+.kAI. REQ~~EIiiTS; r~4'U"1`E RIGHT 4F WAY PLAT FOR FII.IlYG SIX .Mara Kleinsahmidt, Iaeputy County r°?ttorne}' ACTION: Consider approval. PagC 2 JL'1\l Dl•GHIJL.:, WUIVII r1U-LO-OL f lU•r}! r JU~7r]LiJ/LU/-' t7UJ~(DL1~7(rft V/ v r, I ' D. RE$QLUTION ~RTENDING BUBDIV1S10N IMPRa ~ rdviffi11'i~ AGBEF1KI~dVT DA a APRII~ 9, 1991 FOR OLD ORCHARD PLAZA 3iJ~I` ~~~ON TO DB.~~.ata~FR 31, 1992; AND ~s.r?a~?iiDING L,I~i Y~ OF CR,a~,Y~ NUMBER 1181 IN AMOUNT OF 0 14,2SD.00 TO DE~.,~~,B,R 31, 1992 PhiIl Scott, Baginec~ Ar.~~~DN: Considcx approval. 12:00 - 01:30 ss'LUh~„js: EI.Errrm! OFpiCIAIB 01:30 - OCi:00 WORK ~SION - Ct7N~..~+III~TG TSE EAGLE COUNTX aecrr cbor?rs?x+valr EMPLOYEE HA1~IDi00K Judy White Ha1ae, D3nector of Human 03:00 - WORK SESSION -1993 BUDGET Malmo ~r c~toss ~ James R F3fltze, Caulty Manager 'r>1s ,w~. I~...1G OF'r1~ BAGLg coUNT1' wIId. >:B ON Nrn?b1~it 10, 192. THIS IUOl3rIJU?18 BRd~ asru POR Ik. ~ ~ t o.,dAT10NAL 3PUItPOSBS ONLY - Ail. TtA[B9 AliB APHWRII14K1N. 'IRB BOARD 1K S$SSIbIV MAY COI+.~.~. 0'1'8138 3t!'BbiS'1HAT AB3x B>LOQGH'T H61a0>:B Tl'. Pagc 3 PUBLIC NOTICE REVISED NAIL TOWN COUNCIL MEETING SCHEDULE (as of 11/3/92) NOVEMBER, 1992 The Vail Town Council has been reviewing its meeting schedule. In an attempt to respond to scheduled meeting demands, as well as adhere to mandated ordinance and charter requirements, Council will now be meeting at the following times: EVENING MEETINGS Evening meetings will continue to be held on the first and third Tuesday evenings of each month, starting at 7:30 P.M. These meetings will provide a forum for citizen participation and public audience for conducting regular Council business. WORK SESSIONS Work sessions, which are primarily scheduled for Council debate and understanding of issues before the Council, will now be scheduled to begin at 2:00 P.M. (unless otherwise noted) on the alternating Tuesday afternoons, i.e., the second, and fourth Tuesdays of each month. Unless otherwise noted, a brief overview work session for Council will precede the evening meetings, from 6:30 P.M. - 7:30 P.M. THE NOVEMBER, 1992, `NAIL TOWN COUNCIL MEETING SCHEDULE IS AS FOLLOWS: Tuesdav, November 3, 1992 Work session 7:00 P.M. Evening meeting 7:30 P.M. Tuesdav. November 10, 1992 Work session 1:00 P.M. (starting time decided by length of agenda) Tuesdav, November 17, 1992 Work session 2:00 P.M. Evening meeting 6:00 P.M. Tuesdav, November 24, 1992 Work session 2:00 P.M. (starting time decided by length of agenda) TOWN OF NAIL Pamela A. Brandmeyer Assistant to the Town Manager