HomeMy WebLinkAbout2008-03-18 Support Documentation Town Council Evening SessionVAIL TOWN COUNCIL
EVENING SESSION AGENDA
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
6:00 P.M., TUESDAY, MARCH 18, 2008
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1. ITEM/TOPIC: Citizen Input. (10 min.)
2. ITEM/TOPIC: Recognition of former Council Members Greg
Moffet and Kent Logan. (15 min.)
3. ITEM/TOPIC: Battle Mountain High School Hockey and ProStart
Teams Recognition. (10 min.)
4. ITEM/TOPIC: Town Manager's Report. (10 min.)
• 1-70 Overlay Project Update.
5. Mark Masinter ITEM/TOPIC: LionsHead Parking Structure and Conference
Stan Zemler Center Update. (45 min.)
ACTION REQUESTED OF COUNCIL: Listen to developer's
update on the LionsHead Parking Structure project plan including
proposed changes in the conference center space and status of
the deed restriction held by Vail Resorts.
BACKGROUND RATIONALE: The LionsHead Parking Structure
Development Improvement Agreement between the Town of Vail
and Open/Hillwood calls for the following actions:
o By February 13, 2008, revised Conference Center proposal to
be submitted.
o By March 15, 2008, project plan including schematic,
architectural, internal and external layouts of the project to be
submitted for approval by the Council.
o Project plan submittal deadline above may be extended by
either party to no later than September 15, 2008.
Mark Masinter of Open/Hillwood will present revisions to the
conference center and an update on the project plan, including the
status of the deed restriction held by Vail Resorts.
't
STAFF RECOMMENDATION: If Council is satisfied with the
direction of the conference center proposal and the project plan,
direct Mr. Masinter to return at a specified date with a formalized
project plan for Council approval.
6. Mark Masinter ITEM/TOPIC: Timber Ridge Redevelopment Proposal. (60 min.)
Jeff Courtwright
Stan Zemler On January 1, 2008, the Vail Town Council reviewed four
proposals for redevelopment of Timber Ridge presented by
Lincoln Property Southwest. The Vail Town Council directed staff
and Lincoln Property to work on and draft a sales and
development agreement reflecting the terms outlined in Option 1:
Assumptions
316 units / 1,264 beds
$13,530,000 Land Allocation (6.2 acres)
$2,280 rent
CONSTRUCTION COST: $98,568,000
On March 4, 2008, the Town Council was updated regarding the
assumptions in the proposal by the Open/Lincoln team. The
assumptions were updated to reflect additional information, which
included an increased cost of construction (approximately
$107,000,000) that results in a rental rate increase.
Lincoln Property will be providing a revised proposal to the Town
Council on March 18, 2008, and will further clarify its position on
several key issues.
ACTION REQUESTED OF COUNCIL: Listen to the revised
Open/Lincoln proposal and provide direction to staff on how to
proceed. If the Town Council chooses to continue negotiating with
the Open/Lincoln team, staff believes clear direction surrounding
the following items is necessary:
1. Ownership Structure/Upside Participation
2. Earnest Money
3. Feasibility Period
4. Assignability of any Deed Restriction
5. Construction Guarantee(s)
6. Applicability of Use Tax
7. Public Improvements
8. Rent Control Index
9. Land Lease vs. Sale of Property
10. Construction Phasing
11. Issues Regarding Remaining Town Parcel (access,
financing, use)
12. 25% Non Deed Restricted (sale, lease)
BACKGROUND RATIONALE: The Town of Vail acquired Timber
Ridge in 2003 and permanently deed restricted the property with
the requirement to maintain 600 affordable rental beds. It is the
intention of the Town to enter into an agreement with Lincoln
Property Company Southwest to purchase and redevelop the
subject property.
STAFF RECOMMENDATION: Provide staff with direction to work
on and draft a sales and development agreement or to terminate
the negotiations with the Open/Lincoln team and bring back a
recommendation on how to further proceed with a disposition of
the Timber Ridge Property.
7. Tom Kassmel ITEM/TOPIC: Eagle River Water and Sanitation District/ Town of
Vail Joint Project IGA. (10 min.)
ACTION REQUESTED OF COUNCIL: Direct Town Staff to enter
into an Inter Governmental Agreement between the ERWSD and
the Town of Vail once construction bids have been reviewed and a
contractor has been selected by ERWSD.
BACKGROUND RATIONALE: ERWSD is replacing the water and
sewer lines in Beaver Dam Road and Beaver Dam Circle this
year. The Town of Vail needs to complete budgeted drainage and
road improvements along Beaver Dam Road and Beaver Dam
Circle. It is in the best interest of both the town and ERWSD to
complete the projects simultaneously using one contractor. The
town and ERWSD have been working on the construction
drawings for these projects and plan to open public bids on March
26th. It is in both agencies' best interest to have ERWSD hold the
contract with the selected contractor and complete all of the
improvements and have the Town of Vail reimburse ERWSD for
the town's drainage and roadway improvements. This project has
been budgeted within the Capital Street Maintenance Budget.
STAFF RECOMMENDATION: Direct staff to draft and review an
IGA between ERWSD and the Town, in a form approved by the
Town Attorney, for the reimbursement of construction costs for
Town improvements completed by ERWSD's contractor, and
return to council with a copy of the IGA and total reimbursement
costs once the contractor has been selected and actual bid costs
are known.
8. Scot Hunn ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals,
Vail Town Code, of the Town of Vail Planning and Environmental
Commission's and the Town of Vail Design Review Board's
respective approvals of a major exterior alteration application,
based upon Section 12-713-7, Exterior Alterations or Modifications,
and Chapter 11, Design Review, Vail Town Code, to allow for a
remodel and addition to the existing Rucksack Condominiums
Building and Scott Building (aka the "Bridge Street Building"),
located at 288 Bridge Street, part of Lot C and Lot D, Vail Village
Filing 1, and setting forth details in regard thereto. (5 min.)
ACTION REQUESTED OF COUNCIL: According to written
requests from the Appellant and the attorney representing the
Bridge Street Building, LLC., (developer), Staff requests the
Council table the public hearing to consider the above referenced
appeal to their regular meeting of April 1, 2008, in order to allow
the two parties to work towards a mutually agreed upon resolution
of design related issues being appealed.
BACKGROUND RATIONALE: On January 14, 2008, the
Planning and Environmental Commission approved, with
conditions, an application (PEC07-0076) for a major exterior
alteration, pursuant to Section 12-713-7, Vail Town Code. On
January 16, 2008, the Design Review Board approved, with
conditions, an application (DRB07-0709) for a major exterior
alteration, pursuant to Section 12-11, Design Review, Vail Town
Code. On February 4, 2008, the Town of Vail Community
Development Department received an appeal with regard to the
Commission's approval. On February 5, 2008, the Town of Vail
Community Development Department received an appeal with
regard to the Design Review Board's approval. On March 4, 2008,
the Council voted unanimously to table the public hearing to
consider the aforementioned appeal to their regularly scheduled
meeting of March 18, 2008. The applicant has submitted a
subsequent request to table the hearing once more, to the
Council's regular meeting date of April 1, 2008.
9. Scot Hunn ITEMITOPIC: First reading of Ordinance No. 5, Series of 2008, an
ordinance approving a major amendment to Special Development
District No. 4, Cascade Village, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to allow for the
development of a mixed use development, located at 1276
Westhaven Drive (Cornerstone site). (5 min.)
ACTION REQUESTED OF COUNCIL: According to written
requests from the applicant, LO Westhaven, Inc., Staff requests
the Council table the public hearing to consider first reading of
Ordinance No. 5, Series of 2008, to their regular meeting of April
1, 2008.
BACKGROUND RATIONALE: On January 28, 2008, the Town of
Vail Planning and Environmental Commission voted unanimously
to forward a recommendation for approval, with conditions, of an
application for a major amendment to Special Development
District No. 4, Vail Cascade, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to allow for the
development of the Cornerstone Site. (PEC070055)
On February 19, 2008, the Vail Town Council held a public
hearing to consider Ordinance No. 5, Series of 2008, an ordinance
approving a major amendment to Special Development District
No. 4, Cascade Village, on first reading. At that meeting, the
Council voted unanimously to table the public hearing to their
regularly scheduled meeting of March 18, 2008. The applicant
has submitted a subsequent request to table the hearing once
more, to the Council's regular meeting date of April 1, 2008.
10. Warren Campbell ITEM/TOPIC: Second reading of Ordinance No. 4, Series of 2008,
an ordinance amending Section 12-14-20, Commercial Core
Construction, Vail Town Code, to allow for the extension of the
commercial core temporary construction signage for businesses
and setting forth details in regard thereto. (5 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 4, Series of 2008, on
second reading.
BACKGROUND RATIONALE: On May 3, 2005, the Town Council
adopted Section 12-14-20, Commercial Core Construction, Vail
Town Code, through Ordinance No. 10, Series of 2005. These
regulations facilitated the installation of temporary construction
mitigation signs and fencing within the Town's commercial areas
to lessen the impact of redevelopment construction on the Town's
businesses, residents, and guests. These regulations are
scheduled to expire on April 1, 2008.
On February 25, 2008, the Planning and Environmental
Commission voted 7-0-0 to forward a recommendation of approval
for text amendments to extend the approval of the Commercial
Core Construction regulations until April 1, 2010.
On March 4, 2008, the Town Council approved Ordinance No. 4,
Series of 2008, on first reading by a vote of 6-0-0.
STAFF RECOMMENDATION: Staff recommends that Town
Council approves Ordinance No. 4, Series of 2008, on second
reading.
11. ITEM/TOPIC: Adjournment. (8:55 p.m.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BEGIN AT TBD, TUESDAY, APRIL 1, 2008 IN THE VAIL TOWN COUNCIL
CHAMBERS.
MEMORANDUM
TO: Town Council
FROM: Community Development Department
DATE: March 18, 2008
SUBJECT: A work session to discuss proposed amendments to Chapters 12-13,
Employee Housing, 12-23, Commercial Linkage, and 12-24, Inclusionary
Zoning, Vail Town Code, to establish standards and criteria related to
mitigating employee housing requirements, and setting forth details in
regard thereto.
Applicant: Town of Vail, represented by Nina Timm, Housing
Coordinator
Planner: Bill Gibson
DESCRIPTION OF THE REQUEST
A work session to discuss proposed amendments to Chapters 12-13, Employee
Housing, 12-23, Commercial Linkage, and 12-24, Inclusionary Zoning, Vail Town
Code, to establish standards and criteria related to mitigating employee housing
requirements, and setting forth details in regard thereto.
II. BACKGROUND
On March 10, 2008, the Planning and Environmental Commission voted 4-3-0
(Gunion, Proper, and Viele opposed) to forward a recommendation of approval,
with modifications, for text amendments to the Commercial Linkage and
Inclusionary Zoning employee housing mitigation requirements.
The Planning and Environmental Commission recommended approval of the
proposed text amendments with the following modifications:
• Delete any "weighting" of the five available mitigation methods.
• Except when on-site units are required, clarify that developers shall have
the discretion to select the mitigation method, or methods, that are most
advantageous to their circumstances when presenting an Employee
Housing Plan to the Town for review.
Numerous clarifications and "clean-ups" to the Commercial Linkage, Inclusionary
Zoning, and several other related regulations have also been incorporated into
the proposed text amendments. These clarification and "clean-ups" do not
create any substantive policy changes.
Please refer to Section III of the Community Development memorandum to the
Planning and Environmental Commission, dated March 10, 2008, for additional
background information. (Vail Town Council Attachment: D)
1
III. STAFF RECOMMENDATION
Schedule a public hearing for the first reading of Ordinance No. 1, Series of
2008, on April 1, 2008.
IV. ATTACHMENTS
Attachment A: Ordinance No. 1, Series of 2008
Attachment B: March 7, 2008, letter from Vail Valley Medical Center
Attachment C: March 10, 2008, letter from Mauriello Planning Group to
the Planning and Environmental Commission
Attachment D: March 10, 2008, Staff memorandum to the Planning and
Environmental Commission
Attachment E: Draft Meeting Minutes for the March 10, 2008, Planning
and Environmental Commission (excerpt)
2
.V
Vail Town Council Attachment: A
ORDINANCE NO. 1
SERIES 2008
AN ORDINANCE AMENDING SECTION 12-2-2, DEFINITIONS OF WORDS
AND TERMS; ARTICLES 12-6A, HILLSIDE RESIDENTIAL DISTRICT; 12-613,
SINGLE-FAMILY RESIDENTIAL DISTRICT; 12-6C, TWO-FAMILY
RESIDENTIAL DISTRICT; 12-61), TWO-FAMILY PRIMARY/SECONDARY
RESIDENTIAL DISTRICT; 12-6E, RESIDENTIAL CLUSTER DISTRICT; 12-6F,
LOW DENSITY MULTIPLE-FAMILY DISTRICT; 12-6G, MEDIUM DENSITY
MULTIPLE-FAMILY DISTRICT; 12-6H, HIGH DENSITY MULTIPLE-FAMILY
DISTRICT; 12-61, HOUSING DISTRICT; 12-7A, PUBLIC ACCOMMODATION
DISTRICT; 12-713, COMMERCIAL CORE 1 DISTRICT; 12-7C, COMMERCIAL
CORE 2 DISTRICT; 12-713, COMMERCIAL CORE 3 DISTRICT; 12-7E,
COMMERCIAL SERVICE CENTER; 12-7F, ARTERIAL BUSINESS DISTRICT;
12-7H, LIONSHEAD MIXED USE 1 DISTRICT; LIONSHEAD MIXED USE 2
DISTRICT; 12-7J, PUBLIC ACCOMMODATION 2 DISTRICT; 12-8A,
AGRICULTURAL AND OPEN SPACE DISTRICT; 12-81), SKI
BASE/RECREATION DISTRICT; 12-8E, SKI BASE/RECREATION 2 DISTRICT;
12-96, PARKING DISTRICT; 12-9C, GENERAL USE;, CHAPTER 12-13,
EMPLOYEE HOUSING, CHAPTER 12-23, COMMERCIAL LINKAGE, AND
CHAPTER 12-24, INCLUSIONARY ZONING, AND SETTING FORTH DETAILS
IN REGARD THERETO.
WHEREAS, on March 10, 2008, the Planning and Environmental Commission of the
Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval
for the proposed text amendments to the Zoning Regulations to the Vail Town Council in
accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning
Regulations of the Town of Vail; and,
WHEREAS, the Town Council finds and determines the provisions of Chapter 12-23,
Commercial Linkage and Chapter 12-24, Inclusionary Zoning, Vail Town Code, must be
amended to clarify the basis on which Employee Housing Plans shall be reviewed; and,
WHEREAS, the Town Council finds and determines that the amendments are consistent
with the applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development objectives of the Town, based
upon Section VI of the Staff memorandum to the Planning and Environmental Commission
dated March 10, 2008, and the evidence and testimony presented; and,
WHEREAS, the Town Council finds and determines that the amendments further the
general and specific purposes of the Zoning Regulations, based upon Section VI of the Staff
memorandum to the Planning and Environmental Commission dated March 10, 2008, and the
evidence and testimony presented; and,
WHEREAS, the Town Council finds and determines that the amendments promote the
health, safety, morals, and general welfare of the Town and promote the coordinated and
harmonious development of the Town in a manner that conserves and enhances its natural
Ordinance No. 1, Series of 2008, first reading
environment and its established character as a resort and residential community of the highest
quality, based upon Section VI of the Staff memorandum dated March 10, 2008,
WHEREAS, the Town Council finds and determines that the public health, safety, and
welfare will be served by these adopting regulations, based upon Section VI of the Staff
memorandum to the Planning and Environmental Commission dated March 10, 2008, and the
evidence and testimony presented.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Chapter 12-2, Definitions,' of the Vail Town Code is hereby amended as
follows (text to be deleted is in s#ilethr-eugh, text that is to be added is bold. Sections of text
that are not amended have been omitted.)
12-2-2: Definitions of Words and Terms
FLOOR AREA, NET (Used Qn4, For- GaiGulat4ng-PaFking : The total floor area
within the enclosing walls of a structure not including the following:
A. Areas specifically designed and used for mechanical equipment to operate the building.
B. Stairways.
C. Elevators.
D. Common hallways.
E. Common lobbies.
F. Common restrooms.
G. Areas designed and used for parking.
H. Areas designed and used as storage which do not have direct access to an individual
office or retail store, not to exceed five percent (59/o) of the total proposed net floor area for
office and not to exceed eight percent (89/o) of the total proposed net floor area for retail.
"Common areas" are spaces for which all tenants in the building contribute toward the upkeep
and maintenance thereof and are not used for employee working areas.
Section 2. Article 12-6A, Hillside Residential District, of the Vail Town Code is
hereby amended as follows (text to be deleted is in st;*ethrrough, text that is to be added is
bold. Sections of text that are not amended have been omitted.)
12-6A-2: PERMITTED USES:
The following uses shall be permitted in the FIR district:
Single-family residential dwellings.
Ordinance No. 1, Series of 2008, first reading
Type ll/ employee housing unks Employee Housing Units, as further regulated by
chapter 13 of this title.
Tyne V employee housing unit one nnr t Q£
Section 3. Article 12-613, Single Family Residential District, of the Vail Town Code is
hereby amended as follows (text to be deleted is in st4kethrough, text that is to be added is
bold. Sections of text that are not amended have been omitted.)
12-6B-2: PERMITTED USES:
The following uses shall be permitted in the SFR district:
Single-family residential dwellings.
Type -ll en4pleyee housing up Employee Housing Units, as further regulated by
chapter 13 of this title.
Tyne W employee housing „nits ss
Section 4. Article 12-6C, Two-Family Residential District, of the Vail Town Code is
hereby amended as follows (text to be deleted is str4kethr-ough, text that is to be added is
bold. Sections of text that are not amended have been omitted.)
12-6C-2: PERMITTED USES:
The following uses shall be permitted in the R district:
Single-family residential dwellings.
Two-family residential dwellings.
Type-I Employee Housing Units, as further regulated by
chapter 13 of this title.
Type !I eR4&yee housing up , as fuu Mer reguulated by nhnnter 4? of this title.
Tine ll/ empio,iee houusing units. 3f fw4her regulated by nhapter 43 of this title.
Section 5. Article 12-6D, Two-Family Primary/Secondary Residential District, of the
Vail Town Code is hereby amended as follows (text to be deleted is in sk*ethr-o ugh text that is
to be added is bold. Sections of text that are not amended have been omitted.)
12-6D-2. PERMITTED USES:
The following uses shall be permitted.
Single-family residential dwellings.
Two-family residential dwellings.
Type engpleyee housing un Employee Housing Units, as further regulated by
chapter 13 of this title.
Tyne 4 employee housing units, 2c fi4gher- Fegulated by ahapter- 43 of this We.
#£, as fuurther renu,lnterl by ohopte - 44 of this title
Section 6. Article 12-6E, Residential Cluster District, of the Vail Town Code is
hereby amended as follows (text to be deleted is in sft*eth -ouugh text that is to be added is
bold. Sections of text that are not amended have been omitted.)
12-6E-2: PERMITTED USES:
The following uses shall be permitted in the RC district.
Multiple-family residential dwellings, including attached or row dwellings and
condominium dwellings with no more than four (4) units in any new building.
Ordinance No. 1, Series of 2008, first reading
P"
Single-family residential dwellings.
Two-family residential dwellings.
7?epe 1 Employee Housing Units, as further regulated by chapter 13 of this title.
12-6E-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the RC district, subject to issuance of
a conditional use permit in accordance with the provisions of chapter 16 of this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Business offices, as further regulated by subsection 12-16-7A13 of this title.
Dog kennels.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Private clubs.
Professional office, as further regulated by subsection 12-16-7A 13 of this title.
Public buildings, grounds and facilities.
Public or private schools.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Employee Housing Units, as further regulated by Chapter 13 of this Title
Section 7. Article 12-6F, Low Density Multiple-Family District, of the Vail Town Code
is hereby amended as follows (text to be deleted.is in , text that is to be added is
bold. Sections of text that are not amended have been omitted.)
12-6F-2: PERMITTED USES:
The following uses shall be permitted in the LDMF district:
Multiple-family residential dwellings, including attached or row dwellings and
condominium dwellings.
Single-family residential dwellings.
Two-family residential dwellings.
Employee Housing Units, as further regulated by chapter 13 of this title
12-6F-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the LDMF district, subject to
issuance of a conditional use permit in accordance with the provisions of chapter 16 of
this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Dog kennels.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Private clubs.
Public and private schools.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
4 Ordinance No. 1, Series of 2008, first reading
?'' en4p Wea hou my units ; &A I11 c3
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Section 8. Article 12-6G, Medium Density Multiple-Family District, of the Vail Town
Code is hereby amended as follows (text to be deleted is in st4kethreugh, text that is to be
added is bold. Sections of text that are not amended have been omitted.)
12-6G-2: PERMITTED USES:
The following uses shall be permitted in the LDMF district:
Multiple-family residential dwellings, including attached or row dwellings and
condominium dwellings.
Single-family residential dwellings.
Two-family residential dwellings.
Type W empieyee housing unit Employee Housing Units, as further regulated by
chapter 13 of this title.
12-6G-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the LDMF district, subject to
issuance of a conditional use permit in accordance with the provisions of chapter 16 of
this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Dog kennels.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Private clubs.
Public and private schools.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Section 9. Article 12-6H, High Density Multiple-Family District, of the Vail Town
Code is hereby amended as follows (text to be deleted is in strikethr-eugh, text that is to be
added is bold. Sections of text that are not amended have been omitted.)
12-6H-2: PERMITTED USES:
The following uses shall be permitted in the HDMF district:
Lodges, including accessory eating, drinking, recreational or retail establishments,
located within the principal use and not occupying more than ten percent (109/6) of the
total gross residential floor area (GRFA) of the main structure or structures on the site;
additional accessory dining areas may be located on an outdoor deck, porch, or terrace.
Multiple-family residential dwellings, including attached or row dwellings and
condominium dwellings.
Type Employee Housing Units, as further regulated by
chapter 13 of this title.
12-6H-3: CONDITIONAL USES:
Ordinance No. 1, Series of 2008, first reading
The following conditional uses shall be permitted in the HDMF district, subject to
issuance of a conditional use permit in accordance with the provisions of chapter 16 of
this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Dog kennels.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Private clubs and civic, cultural and fraternal organizations.
Private parking structures.
Private unstructured parking.
Public and private schools.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public parking structures.
Public transportation terminals.
Public unstructured parking.
Public utility and public service uses.
Religious institutions.
Ski lifts and tows.
Timeshare units.
Tyne 111 employee housing upkts (94U) a?
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Section 10. Article 12-61, Housing District, of the Vail Town Code is hereby amended
as follows (text to be deleted is in stFðreugh text that is to be added is bold. Sections of text
that are not amended have been omitted.)
12-61-2: PERMITTED USES:
The following uses shall be permitted in the H district.,
Bicycle and pedestrian paths.
J as fwFther desGFibed iR GhapteY 43 of this tWe.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Passive outdoor recreation areas, and open space.
12-61-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the H district, subject to issuance of
a conditional use permit in accordance with the provisions of chapter 16 of this title:
Commercial uses which are secondary and incidental (as determined by the planning
and environmental commission) to the use of employee housing and specifically serving
the needs of the residents of the development, and developed in conjunction with
employee housing, in which case the following uses may be allowed subject to a
conditional use permit:
Banks and financial institutions.
Business offices and professional offices as further regulated by section 12-16-7 of this
title:
Child daycare facilities.
Eating and drinking establishments.
Funiculars and other similar conveyances.
Ordinance No. 1, Series of 2008, first reading
Health clubs.
Personal services, including, but not limited to, laundromats, beauty and barber shops,
tailor shops, and similar services.
Retail stores and establishments.
Dwelling units (not employee housing units) subject to the following criteria to be
evaluated by the planning and environmental commission:
A. Dwelling units are created solely for the purpose of subsidizing employee housing
on the property, and
B. Dwelling units are not the primary use of the property. The GRFA for dwelling
units shall not exceed thirty percent (30%) of the total GRFA constructed on the
property, and
C. Dwelling units are only created in conjunction with employee housing, and
D. Dwelling units are compatible with the proposed uses and buildings on the site
and are compatible with buildings and uses on adjacent properties.
Outdoor patios.
Public and private schools.
Public buildings, grounds and facilities.
Public parks and recreational facilities.
Public utilities installations including transmission lines and appurtenant equipment.
TypeW engpleyee housing up Employee Housing Units, as further regulated by
chapter 13 of this title.
Section 11. Article 12-7A, Public Accommodation District, of the Vail Town Code is
hereby amended as follows (text to be deleted is in stFð -eugh text that is to be added is
bold. Sections of text that are not amended have been omitted.)
12-7A-2: PERMITTED USES:
The following uses shall be permitted in the PA district:
Lodges, including accessory eating, drinking, or retail establishments located within the
principal use and not occupying more than ten percent (1091o) of the total gross
residential floor area of the main structure or structures on the site; additional accessory
dining areas may be located on an outdoor deck, porch, or terrace.
Type W engpleyee housing unit Employee Housing Units, as further regulated by
chapter 13 of this title.
12-7A-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the PA district, subject to issuance of
a conditional use permit in accordance with the.provisions of chapter 16 of this title:
Bed and breakfasts, as further regulated by section 12-14-18 of this title.
Fractional fee club units as further regulated by subsection 12-16-7A8 of this title.
Healthcare facilities.
Lodges, including accessory eating, drinking, or retail establishments located within the
principal use and occupying between ten percent (10%) and-fifteen percent (15%) of the
total gross residential floor area of the main structure or structures on the site.
Major arcades.
Private clubs and civic, cultural and fraternal organizations.
Private parking structures.
Private unstructured parking.
Professional and business offices.
Ordinance No. 1, Series of 2008, first reading
Public and private schools.
Public buildings, grounds and facilities.
Public parking structures.
Public parks and recreational facilities.
Public transportation terminals.
Public unstructured parking.
Public utility and public service uses.
Religious institutions.
Ski lifts and tows.
Theaters and convention facilities.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Section 12. Article 12-713, Commercial Core 1 District, of the Vail Town Code is
hereby amended as follows (text to be deleted is in sttilet , text that is to be added is
bold. Sections of text that are not amended have been omitted.)
12-7B-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL:
B. Permitted Uses: The following uses shall be permitted in basement or garden
levels within a structure:
8. employee housing units, as further regulated by chapter 13 of this title.
12-7B-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL:
B. Permitted Uses: The following uses shall be permitted on the first floor or street
level within a structure:
4. Type 1 employee housing units Employee Housing Units, as further regulated
by chapter 13 of this title.
12-7B-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR:
A. Permitted Uses; Exception: The following uses shall be permitted on the second
floor above grade within a structure; provided, however, that a conditional use permit
will be required in accordance with chapter 16 of this title for any use which
eliminates any existing dwelling or accommodation unit or any portion thereof.
8. Type 1 employee housing up Employee Housing Units, as further regulated
by chapter 13 of this title.
B. Conditional Uses: The following uses shall be permitted on second floors above
grade, subject to the issuance of a conditional use permit in accordance with the
provisions of chapter 16 of this title:
Dog kennels.
Electronics sales and repair shops.
Household appliance stores.
Liquor stores.
Luggage stores.
Meeting rooms.
Outdoor patios.
Ordinance No. 1, Series of 2008, first reading
Theaters.
T'i emnlnyee hGU i g UP4 /9111 ) MS
Employee Housing Units, as further/regulated by Chapter 13 of this Title.
12-7B-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR:
A. Permitted Uses: The following uses shall be permitted on any floor above the
second floor above grade.
Lodges.
Multiple-family residential dwellings.
Type 1 employee housiRg units Employee Housing Units, as further regulated by
chapter 13 of this title.
B. Conditional Uses: The following uses shall be permitted on any floor above the
second floor above grade, subject to the issuance of a conditional use permit in
accordance with the provisions of chapter 16 of this title. Any permitted or conditional
use which eliminates any existing dwelling or accommodation unit, or any portion
thereof, shall require a conditional use permit. Such uses may include:
8. Type 11 employee heus ng up#& /cul 1) as pr-evided in Ghapter- 43 ef this We.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Section 13. Article 12-7D, Commercial Core 3 District, of the Vail Town Code is
hereby amended as follows (text to be deleted is in , text that is to be added is
bold. Sections of text that are not amended have been omitted.)
12-7D-1: PERMITTED USES:
The following uses shall be permitted in the commercial core 3 district:
Banks and financial institutions.
Eating and drinking establishments, including the following:
Cocktail lounges and bars.
Coffee shops.
Fountain and sandwich shops.
Restaurants.
Health clubs.
Personal services and repair shops, including the following:
Beauty and barber shops.
Business and office services.
Cleaning and laundry pick up agencies without bulk cleaning or dyeing.
Laundromats.
Shoe repair.
Small appliance repair shops, excluding furniture repair.
Tailors and dressmakers.
Travel and ticket agencies.
Professional offices, business offices, and studios.
Retail stores and establishments without limit as to floor area including the following:
Apparel stores.
Art supply stores and galleries.
Auto parts stores.
Bakeries and confectioneries, preparation of products for sale on the premises.
Ordinance No. 1, Series of 2008, first reading
Bookstores.
Building materials stores without outdoor storage.
Camera stores and photographic studios.
Candy stores.
Chinaware and glassware stores.
Delicatessens and specialty food stores.
Department and general merchandise stores.
Drugstores.
Electronics sales and repair shops.
Florists.
Food stores.
Furniture stores.
Gift shops.
Hardware stores.
Health food stores.
Hobby stores.
Household appliance stores.
Jewelry stores.
Leather goods stores.
Liquor stores.
Music and record stores.
Newsstands and tobacco stores.
Photographic studios.
Radio and television broadcasting studios.
Sporting goods stores.
Stationery stores.
Supermarkets.
Toy stores. .
Variety stores.
Yardage and dry goods stores.
Type 1? empkWe housing on Employee Housing Units, as further regulated by
chapter 13 of this title.
Additional offices, business, or services determined to be similar to permitted uses in
accordance with the provisions of this section.
12-7D-2: CONDITIONAL USES:
The following conditional uses shall be permitted in the commercial core 3 district,
subject to issuance of a conditional use permit in accord with the provisions of
chapter 16 of this title:
Any use permitted by section 12-7D-1 of this article which is not conducted entirely
within a building.
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Brew pubs.
Child daycare center.
Commercial laundry and cleaning services, bulk plant.
Commercial storage.
Dog kennels.
Drive-up facilities.
Major arcades.
10 Ordinance No. 1, Series of 2008, first reading
Massage parlors.
Outside car wash.
Pet shops.
Public buildings, grounds, and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Radio and television signal relay transmission facilities.
Theaters, meeting rooms, and convention facilities.
Transportation businesses.
') ss title.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Section 14. Article 12-7E, Commercial Service Center District, of the Vail Town Code
is hereby amended as follows (text to be deleted is in , text that is to be added is
bold. Sections of text that are not amended have been omitted.)
12-7E-3: PERMITTED USES.
The following uses shall be permitted in the CSC district:
Banks and financial institutions.
Eating and drinking establishments, including the following:
Bakeries and delicatessens with food service.
Cocktail lounges and bars.
Coffee shops.
Fountains and sandwich shops.
Restaurants.
Personal services and repair shops, including the following:
Beauty and barber shops.
Business and office services.
Cleaning and laundry pick up agencies without bulk cleaning or dyeing.
Laundromats.
Small appliance repair shops, excluding furniture repair.
Tailors and dressmakers.
Travel and ticket agencies.
Professional offices, business offices, and studios.
Retail stores and establishments without limit as to floor area including the following:
Apparel stores.
Art supply stores and galleries.
Bakeries and confectioneries, including preparation of products for sale on the
premises.
Bookstores.
Building materials stores without outdoor storage.
Camera stores and photographic studios.
Candy stores.
Chinaware and glassware stores.
Delicatessens and specialty food stores.
Department and general merchandise stores.
Drugstores.
Electronics sales and repair shops.
Florists.
11 Ordinance No. 1, Series of 2008, first reading
Food stores.
Furniture stores.
Gift shops.
Hardware stores.
Hobby stores.
Household appliance stores.
Jewelry stores.
Leather goods stores.
Liquor stores.
Luggage stores.
Music and record stores.
Newsstands and tobacco stores.
Pet shops.
Photographic studios.
Radio and television broadcasting studios.
Sporting goods stores.
Stationery stores.
Supermarkets.
Toy stores.
Variety stores.
Yardage and dry,goods stores.
Additional offices, businesses, or services determined to be similar to permitted uses
in accordance with the provisions of section 12-7E-2 of this article.
Employee housing units as further regulated in Chapter 13 of this Title.
12-7E-4: CONDITIONAL USES:
The following conditional uses shall be permitted in the CSC district, subject to issuance
of a conditional use permit in accordance with the provisions of chapter 16 of this title:
Any use permitted by section 12-7E-3 of this article, which is not conducted entirely
within a building.
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Bowling alley.
Brew pubs.
Child daycare centers.
Commercial laundry and cleaning services.
Dog kennels.
Major arcades.
Multiple-family residential dwellings and lodges.
Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this
article.
Private clubs.
Private parking structures.
Private unstructured parking.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Theaters, meetings rooms, and convention facilities.
12 Ordinance No. 1, Series of 2008, first reading
Type W employee housing units (EHU) ais provided ip G4apter- 43 Of thiS tXe.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Section 15. Article 12-7F, Arterial Business District, of the Vail Town Code is hereby
amended as follows (text to be deleted is in sh*ethreugh, text that is to be added is bold.
Sections of text that are not amended have been omitted.)
12-717-3: PERMITTED USES.
The following uses shall be permitted in the arterial business district:
Eating and drinking establishments, as follows, are permitted on the first (street)
level:
Cocktail lounges and bars.
Coffee shops, fountains, sandwich shops and restaurant.
Personal services and repair shops, as follows, are deemed to be generally
accessory and/or supportive of office uses and shall be permitted on the first (street)
level:
Beauty and barber shops.
Shoe repair.
Tailors and dressmakers.
Travel and ticket agencies.
Professional offices, business offices and studios.
Radio and television broadcasting studios.
Retail stores and establishments, as follows, are deemed to be generally accessory
and/or supportive of office uses and are therefore permitted so long as they do not
exceed eight thousand (8, 000) square feet in floor area for each such business use
and so long as they are located on the first (street) level.
Art supply stores.
Bookstores.
Drugstores.
Florists.
Newsstands.
Stationery stores.
Tobacco stores.
Additional offices, businesses or services determined to be similar to permitted uses
in accordance with the provisions of section 12-717-1 of this article.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
12-7F-4: CONDITIONAL USES:
A. Enumerated: The following conditional uses shall be permitted in the arterial business
district, subject to the issuance of a conditional use permit in accordance with the
provisions of chapter 16 of this title:
Any use permitted by section 12-7F-3 of this article, which is not conducted entirely
within a building.
Bed and breakfasts as further provided by section 12-14-18 of this title.
Brew pubs.
Child daycare centers.
Microbreweries.
Private unstructured parking.
Public buildings, grounds and facilities.
13 Ordinance No. 1, Series of 2008, first reading
Public park and recreation facilities.
Public utility and public services uses, including screened outside storage. .
Service yards.
Transportation businesses.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Section 16. Article 12-7H, Lionshead Mixed Use 1 District, of the Vail Town Code is
hereby amended as follows (text to be deleted is in , text that is to be added is
bold. Sections of text that are not amended have been omitted.)
12-71-1-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL:
B. Permitted Uses: The following uses shall be permitted in basement or garden
levels within a structure:
Banks and financial institutions.
Child daycare centers.
Commercial ski storage. .
Eating and drinking establishments.
Personal services and repair shops.
Professional offices, business offices and studios.
Public or private lockers and storage.
Recreation facilities.
Retail establishments.
Skier ticketing, ski school and skier services.
Travel and ticket agencies.
Type 1 employee housing up Employee Housing Units, as further regulated by
chapter 13 of this title.
Additional uses determined to be similar to permitted uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL:
B. Permitted Uses: The following uses shall be permitted on the first floor or street
level within a structure:
Banks, with walk-up teller facilities.
Child daycare centers-
Eating and drinking establishments.
Recreation facilities..
Retail stores and establishments.
Skier ticketing, ski school and skier services.
Travel and ticket agencies.
Type Employee Housing Units, as further regulated by
chapter 13 of this title.
Additional uses determined to be similar to permitted uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
12-7H-4: PERMITTED AND CONDITIONAL USES, SECOND FLOOR AND ABOVE:
A. Permitted Uses, Exception: The following uses shall be permitted on those floors
above the first floor within a structure:
Accommodation units.
14 Ordinance No. 1, series of 2008, first reading
Attached accommodation units.
Lodges.
Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge
dwelling units, and emp"e housing units (type W (04U) as preVided in GhapteF 1
of this title.
Type -fI? emp cee housing unit Employee Housing Units, as further regulated by
chapter 13 of this title.
Additional uses determined to be similar to permitted uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
Section 17. Article 12-71, Lionshead Mixed Use 2 District, of the Vail Town Code is
hereby amended as follows (text to be deleted is in strip, text that is to be added is-
bold. Sections of text that are not amended have been omitted.)
12-71-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL:
B. Permitted Uses: The following uses shall be permitted in basement or garden levels
within a structure:
Banks and financial institutions.
Child daycare centers.
Commercial ski storage.
Eating and drinking establishments.
Personal services and repair shops.
Professional offices, business offices and studios.
Public or private lockers and storage.
Recreation facilities.
Retail establishments.
Skier ticketing, ski school and skier services.
Travel and ticket agencies.
Type-1V Employee Housing Units, as further regulated by
chapter 13 of this title.
Additional uses determined to be similar to permitted uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
12-71-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL:
B. Permitted Uses: The following uses shall be permitted on the first floor or street level
within a structure:
Banks, with walk-up teller facilities.
Child daycare centers.
Eating and drinking establishments.
Recreation facilities.
Retail stores and establishments.
Skier ticketing, ski school and skier services.
Travel and ticket agencies.
Type -fl? employ?ee housing unit Employee Housing Units, as further regulated by
chapter 13 of this title.
Additional uses determined to be similar to permitted uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
15 Ordinance No. 1, Series of 2008, first reading
12-71-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE:
A. Permitted Uses; Exception: The following uses shall be permitted on those floors
above the first floor within a structure:
Lodges and accommodation units.
Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge
dwelling units, and
of thi
Type 11F employee housing upit Employee Housing Units, as further regulated by
chapter 13 of this title.
Additional uses determined to be similar to permitted uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
Section 18. Article 12-8A, Agriculture and Open Space District, of the Vail Town Code
is hereby amended as follows (text to be deleted is in tgkethroug4, text that is to be added is
bold. Sections of text that are not amended have been omitted.)
12-8A-3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title:
Any use within public parks, recreation areas, and open spaces which involves
assembly of more than two hundred (200) persons together in one building or group of
buildings, or in one recreation area or other public recreational facility.
Cemeteries.
Low power subscription radio facilities.
Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges.
Public and private schools.
Religious institutions.
Semipublic and institutional uses, such as convents and religious retreats.
Ski lifts and tows.
Type ll em eyee housing units (EM l1 ` s
r.i ?.v Jv provided in GhaptOF 13 Gf thiS tit
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Section 19. Article 12-8D, Ski Base Recreation District, of the Vail Town Code is
hereby amended as follows (text to be deleted is in sft*ethr-ough, text that is to be added is
bold. Sections of text that are not amended have been omitted.)
12-8D-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the ski base/recreation district,
subject to the issuance of a conditional use permit in accordance with the provisions of
chapter 16 of this title:
Addition or expansion of storage buildings for mountain equipment.
Additions or expansions of public. or private parking structures or spaces.
Bed and breakfast as further regulated by section 12-14-18 of this title.
Child daycare center.
Food and beverage cart vending.
Public, private or quasi-public clubs.
Recreation room/minor arcade.
Redevelopment of public parks, playgrounds.
Redevelopment of ski lifts and tows.
16 Ordinance No. 1, Series of 2008, first reading
Redevelopment of ski racing facilities.
Redevelopment of water storage extraction and treatment facilities.
Seasonal structures to accommodate athletic, cultural, or educational activities.
Summer outdoor storage for mountain equipment.
Summer seasonal. community offices and programs.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Section 20. Article 12-8E, Ski Base Recreation 2 District, of the Vail Town Code is
hereby amended as follows (text to be deleted is in c•tr kethrough text that is to be added is
bold. Sections of text that are not amended have been omitted.)
12-8E-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the ski base/recreation 2 district,
subject to the issuance of a conditional use permit in accordance with the provisions of
chapter 16 of this title:
Brew pubs.
Fractional fee units.
Outdoor dining decks and patios.
Private and public clubs.
Public utility and public service uses..
Type W employee tf 2f provided in Ghapter- 43 of this tWe.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Additional uses determined to be similar to conditional or permitted uses described in
this chapter, in accordance with the provisions of section 12-3-4 of this title.
Section 21. Article 12-9B, Parking District, of the Vail Town Code is hereby amended
as follows (text to be deleted is in ctr kethr-ough text that is to be added is bold. Sections of text
that are not amended have been omitted.)
12-9B-3: CONDITIONAL USES:
The following conditional uses shall be permitted subject to issuance of a conditional use
permit in accordance with the provisions of chapter 16 of this title:
Major arcades.
Parks and recreational facilities.
Private or public off street vehicle parking structures.
Public uses, private office and commercial uses that are transportation, tourist or town
related and that are accessory to a parking structure.
Temporary construction staging sites. For the purposes of this section, a "temporary
construction staging site" shall mean a site on which, for a temporary period of time,
construction materials, heavy construction equipment, vehicles and construction trailers
may be stored.
Tine Ill emn"e houisinn upks 69A l) V..n
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Section 22. Article 12-9C, General Use District, of the Vail Town Code is hereby
amended as follows (text to be deleted is in otr keth -ough text that is to be added is bold.
Sections of text that are not amended have been omitted.)
17 'Ordinance No. 1, Series of 2008, first reading
12-9C-3: CONDITIONAL USES:
A. Generally. The following conditional uses shall be permitted in the GU district, subject
to issuance of a conditional use permit in accordance with the provisions of chapter
16 of this title:
Child daycare .centers.
Equestrian trails.
Golf courses.
Healthcare facilities.
Helipad for emergency and/or community use.
Major arcades.
Plant and tree nurseries, and associated structures, excluding the sale of trees or
other nursery products, grown, produced or made on the premises.
Public and private parks and active outdoor recreation areas, facilities and uses.
Public and private schools.
Public and quasi public indoor community facilities.
Public buildings and grounds.
Public parking structure.
Public theaters, meeting rooms and convention facilities.
Public tourist/guest service related facilities.
Public transportation terminals.
Public unstructured parking.
Public utilities installations including transmission lines and appurtenant equipment.
Religious institutions.
Seasonal structures or uses to accommodate educational, recreational or cultural
activities.
Ski lifts, tows and runs.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Water and sewage treatment plants.
Section 23. Section 12-13-4, Employee Housing, of the Vail Town Code is hereby
amended as follows (text to be deleted is in , text that is to be added is bold.
Sections of text that are not amended have been omitted.)
18 Ordinance No. 1, Series of 2008, first reading
12-13-4: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU) TYPE
EHU'
Type I
Zoning districts
permitted by right or
by conditional use
Ownership/
Transference
The EHU n4ay be 891
or- transterm
separate unit. on the
I?Ne+?i`-
deed Fe8triGtien on be
units to aNew-salle)
The EHU may be sold
or transferred
separately.
Permitted Use:
Primary/Secondary
Residential,
Two-Family
Residential
(all-with only on lots
less than 14, 000 sq.
ft. in size)
The EHU shall not-be
sold or transferred
separately from the unit
it is associated with.
Additional GRFA
(Site Geverage
GRFA=
The EHU is entitled to
an additional 500 550
sq. ft. GRFA
deduction.
Additional Site Garage
Coverage /Reduced CrediVStorage
Landscape Area Requirement
SITE COVERAGE:
The site is entitled to
an additional 5% of
site coverage for the
EHU.
LANDSCAPE AREA:
The site is entitled to
a reduction of
landscape area by
5% (reduced to 55%
of site area) for the
EHU.
Type ll Permitted Use:
Single-Family
Residential, Two-
Family Residential,
Primary/Secondary
Residential
Conditional Use:
Agriculture & Open
Space
Type 111
Permitted Use:
Lionshead Mixed Use
1
Lionshead Mixed Use
2
Conditional Use:
Residential Cluster
Low Density Multiple-
Family
Medium Density
Multiple-Family
High Density Multiple-
Family
Public
The EHU may be sold
or transferred
separately.
The EHU is entitled to
an additional 500 550
sq. ft. GRFA cre
deduction.
Per Seetien '. 2 15 3,
The EHU is
excluded from the
calculation of
GRFA.
N/A
N/A
Allowed 300 sq. ft.
of garage area per
enclosed vehicle
space at a
maximum of 2
parking spaces
(600 sq. ft.).
All units not
constructed with a
garage shall be
required a minimum
75 sq. ft. of storage
area in addition to
normal closet
space. This 75 sq.
ft. shall be a credit
for storage only.
Allowed 300 sq. ft.
of additional garage
area for the EHU.
All units not
constructed with a
garage shall be
required a minimum
75 sq. ft. of storage
area in addition to
normal closet
space. This 75 sq.
ft. shall be a credit
for storage only.
N/A
Parking Minimum/Maximum . Density
GRFA of an EHU
Per Chapter .
12-10 as a N/A
dwelling unit.
Counts The
EHU is
allowed as
2nd a second
unit on the
property.
Per Chapter Dweging unit The EHU is
12-10 as a 300 sq. ft. min. and allowed as a
dwelling unit. 1,200 sq. ft. max. 3rd third unit
on property.
Dees net
Gaunt as
density.
Per Chapter A. Dwelling unit: Alet Counted
12-10 as a 300 sq. ft. min. and as de4i4,:
dwelling unit. 1,200 sq. ft. max. The EHU is
8. Dormitory unit.-: excluded
from the
houses not Fne.re calculation
than five (5) person
andkneludes of density.
fas23, ' :3niHien
baths ! ; 3.%La
ewe
hundred (200) sq. ft.
of-GRA4 200 sq. ft.
19 Ordinance No. 1, Series of 2008, first reading
Type IV
Type IV-CL
(Commercial
Linkage
mitigation
unit)
Type IV-IZ
(Inclusionary
Zoning
mitigation
unit)
Type V
Accommodation
Public
Accommodation 2
Commercial Core 1
Commercial Core 2
Commercial Core 3
Commercial Service
Center
Arterial Business
Parking District
General Use
Heavy Service
Ski Base/Recreation
Ski Base/ Recreation
2
Special Development
District
Any dwelling unit may
be designated and
deed restricted as a
Type IV EHU, unless
already designated as
an EHU.
Permitted Use:
Any dwelling unit
may be designated
and deed restricted
as a Type IV-CL
EHU, unless already
designated as an
EHU.
Permitted Use:
Any dwelling unit
may be designated
and deed restricted
as a Type IV-1Z EHU,
unless already
designated as an
EHU.
Permitted Use:
Hillside Residential
The EHU may ealy be
sold or transferred
separately.
The EHU may be sold
or transferred
separately. The EHU
shall be linked to a
specific Commercial
Linkage employee
housing mitigation
requirement.
The EHU maybe sold
or transferred
separately. The EHU
shall be linked to a
specific Inclusionary
Zoning employee
housing mitigation
requirement.
The EHU shall not be
sold or transferred
separately from the unit
it is associated with.
N/A
shag be deteFmk4&d
by Zoning on
prepw*
N/A
N/A
The E is no
entitled to add&onal
GRFA..
N/A
N/A
N/A
N/A
N/A
20
min. for each person
occupying the EHU.
Per Chapter shallbe
by Zen/. ng on 12-10 as a by Zoning on deteRnined b
property- dwelling unit pmpeF13, g en
N/A N/A property:
The EHU is
calculated as
density.
N/A Per Chaptei Per Chapter 12-23, The EHU is
12-10 as a Commercial calculated as
dwelling unit. Linkage density.
N/A Per Chapter Per Chapter 12-24, The EHU is
12-10 as a Inclusionary calculated as
dwelling unit. Zoning density.
The c,,o HU is no no Per Chapter 1,200 sq. ft. max. The EHU is
e.nfiflerl to additional 12-10 as a allowed
garage area sredib dwelling unit eounts as a
N/A second 2nd
unit on the
property.
Ordinance No. 1, Series of 2008, first reading
Type V1 Conditional Use: As governed by the Allowable GRA4 shall Allowable-site
Housing management plan. be As determined by oevemge and
Shall not be subdivided the PEC. land6Gape area shag
or divided into any form be As determined by
of time share, interval the PEC.
ownership, or fractional
fee unit.
Type Vll-CL Permitted Use: The EHU may be sold The EHU is N/A
(Commercial High Density or transferred excluded from the
Linkage Multiple Family, separately. The EHU calculation of
mitigation Housing District shall be linked to a GRFA.
unit) Public specific Commercial
Accommodation, Linkage employee
Public housing mitigation
Accommodation 2, requirement.
Commercial Core 1,
Commercial Core 2,
Commercial Core 3,
Commercial Service
Center, Arterial
Business, General
Use, Lionshead
Mixed Use 1,
Lionshead Mixed
Use 2, Ski
Base/Recreation,
Ski Base/Recreation
2, Parking District
and Special
Development
Districts
Requk-ement;s she l
be As determined
by the PEC.
N/A
Per Chapter
12-10 as a
dwelling unit
or-as-required
or a parking
management
plan per
Article 12-61,
Housing
District
Per Chapter
12-10 as a
dwelling unit
or a parking
management
plan per
Chapter 12-
23,
Commercial
Linkage
Allowable GF94
shalt be As
determined by the
PEC.
Per Chapter 12-23,
Commercial
Linkage
Allowable
density sktalt
be As
determined by
the PEC.
The EHU is
excluded
from the
calculation
of density.
21 Ordinance No. 1, Series of 2008, first reading
TypeVll-IZ
(Inclusionary
Zoning
mitigation
unit)
Permitted Use:
Permitted Use:
High Density
Multiple Family,
Housing District
Public
Accommodation,
Public
Accommodation 2,
Commercial Core 1,
Commercial Core 2,
Commercial Core 3,
Commercial Service
Center, Arterial
Business, General
Use, Lionshead
Mixed Use 1,
Lionshead Mixed
Use 2, Ski
Base/Recreation,
Ski Base/Recreation
2, Parking District,
and Special
Development
Districts
The EHU may be sold
or transferred
separately. The EHU
shall be linked to a
specific Inclusionary
Zoning employee
housing mitigation
requirement.
The EHU is N/A
excluded from the
calculation of
GRFA.
22
N/A
Per Chapter
12-10 as a
dwelling unit
or a parking
management
plan per
Chapter 12-
24,
Inclusionary
Linkage.
Per Chapter 12-24,
Inclusionary
Zoning
The EHU is
excluded
from the
calculation
of density.
Ordinance No. 1, Series of 2008, first reading
Section 24. Chapter 12-23, Commercial Linkage, of the Vail Town Code is hereby
amended as follows (text to be deleted is in , text that is to be added is bold):
12-23-1: PURPOSE AND APPLICABILITY.
A. The purpose of this Chapter is to ensure that new commercial
development and redevelopment in the Town provide for a reasonable amount of
employee housing to mitigate the impact on employee housing caused by such
commercial development and redevelopment.
B. Except as provided in Section 12-23-5, this Chapter shall apply to
all new commercial development and redevelopment located within the following
zone districts:
1. High Density Multiple Family (HDMF);
2. Public Accommodation (PA);
3. Public Accommodation 2 (PA2);
4. Commercial Core 1 (CC1);
5. Commercial Core 2 (CC2);
6. Commercial Core 3 (CC3);
7. Commercial Service Center (CSC);
8. Arterial Business (ABD);
9. General Use (GU);
10. Heavy Service (HS);
11. Lionshead Mixed Use 1 (LMU1);
12. Lionshead Mixed Use 2 (LMU2);
13. Ski Base/Recreation (SBR);
14. Ski Base/Recreation 2 (SBR2);
15. Parking District (P); and
16. Special Development (SDD).
C. The requirements of this Chapter shall be in addition to all other
requirements of this Code.
D. When any provision of this Chapter conflicts with any other
provision of this Code, the provision of this Chapter shall control.
23 Ordinance No. 1, Series of 2008, first reading
12-23-2: EMPLOYEE GENERATION AND MITIGATION RATES:
A. The employee generation rates found in Table 23-1, Employee
Generation Rates by Type of Commercial Use, shall be applied to each type of
use in a commercial development. For any use not listed, the Administrator shall
determine the applicable employee generation rate by consulting the Town's
current nexus study.
TABLE 23-1
EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE
Type of Use Employee Generation Rates
Retail Store/Personal 2.4 Employees per 1, 000 feet of new
Service/Repair Shop net floor area
Business Office and Professional 3.2 Employees per 1, 000 feet of new
Office (excluding Real Estate net floor area
Office)
Accommodation Unit/Limited
Service Lodge Unit
0.7 Employees per net new units
Real Estate Office
Eating and Drinking
Establishment
Conference Facility
Health Club
Spa
5.1 Employees per 1, 000 feet of new
net floor area
6.75 Employees per 1, 000 feet of
new net floor area
0.8 Employees per 1,000 feet of new
net floor area
0.96 Employees per 1,000 feet of
new net floor area
2.1 Employees per 1, 000 feet of new
net floor area
B. If an applicant submits competent evidence that the employee
generation rates contained in Table 23-1 or the nexus study do not accurately
reflect the number of employees generated by the proposed commercial
development or redevelopment and the Administrator finds that such evidence
warrants a deviation from those employee generation rates, the Administrator
shall allow for such a deviation as the Administrator deems appropriate.
C. Each commercial development or redevelopment shall mitigate its
impact on employee housing by providing EHUs -for twenty percent (2091o) of-the
employees generated, pursuant to Table 23-1, or the nexus study, in accordance
with the requirements of this Chapter.
24 Ordinance No. 1, Series of 2008, first reading
For example, for a development proposing Z500 square feet of new net floor
area for an eating and drinking establishment, the equation would be as follows:
((2,500 square feet _ 1,000 square feet) x (6.75)) = 16.875 new
employees generated
16.875 new employees generated x 20% = 3.375 employees to be
housed
12-23-3: SIZE AND BUILDING REQUIREMENTS:
A. Table 23-2, Size of Employee Housing Units, establishes the
minimum size of EHUs and the number of employees that can be housed in
each. All EHUs shall meet or exceed the minimum size requirements.
TABLE 23-2
SIZE OF EMPLOYEE HOUSING UNITS
Type of Unit Minimum Size Number of
(GRFA) Employees Housed
Dormitory 250 1
Studio 438 1.25
One-Bedroom 613 1.75
Two-Bedroom 788 2.25
Three or More - 1,225 3.5
Bedroom
B. Every EHU shall contain a kitchen facility or kitchenette and a
bathroom.
C. All trash facilities shall be enclosed.
D. Parking shall be provided as F-equir-ed by in accordance with Chapter 10
of this Title.
1. Exception for on-site units: At the discretion of the governing
body, variations to the parking standards outlined in Chapter 10 of this
Title may be approved during the review of an employee housing plan
subject to a parking management plan. The parking management plan may
be approved by the governing body and may provide for a reduction in the
parking requirements for on-site units based on a demonstrated need for
fewer parking spaces than Chapter 10 of this Title would require. For
example, a demonstrated need for a reduction in the required parking could
include:
25 Ordinance No. 1, Series of 2008, first reading
a. Proximity or availability of alternative modes of transportation
including, but not limited to, public transit or shuttle services.
b. A limitation placed in the deed restrictions limiting the number of
cars for each unit.
c. A demonstrated permanent program including, but not limited to,
rideshare programs, car-share programs, shuttle service, or
staggered work shifts.
E. Each EHU shall have its own entrance. There shall be no interior
access from any EHU to any dwelling unit to which it may be attached.
C
} .
SHUB shall not be inGluded ip the ,
ver
C -y EHU sha# be a#eweed three hundred (300) square feet 4
.`. y°?aFage shall include a,r
75) Juarev feet ster4age ?W uarlr WAP to
to
G qwv.eat for- v I- VU,TIp!-/-
12-23-4: REDEVELOPMENT:
Employee housing impacts need only be mitigated for a redevelopment
that results in a greater number of employees generated from an increase in net
floor area, or an increase in the number of accommodation units or limited
service lodge units in the redevelopment; provided however, that if any existing
EHUs are to be removed, an equal amount of EHUs shall be replaced in addition
to the other requirements of this Chapter.
12-23-5: EXEMPTIONS:
The following shall be exempt from this Chapter:
1. The redevelopment of existing commercial development, if no new
net floor area, accommodation units, or limited service lodge units are created;
and
2. The construction of EHUs.
12-23-6. METHODS OF MITIGATION:
A. For all new construction and demo/rebuild projects that result in a
mitigation requirement of 1.25 employees or greater, no less than one-half (112) the
mitigation of employee housing required by this Chapter shall be accomplished
with on-site units.
1. Exceptions: At the sole discretion of the applicable governing
body, an exception may be granted from this on-site unit
requirement should the applicable governing body make one of the
following.findings:
26 Ordinance No. 1, Series of 2008, first reading
a. That implementation of the on-site unit mitigation
method would be contrary to the intent and purpose of the
applicable zone district.
b. That implementation of the on-site unit mitigation
method would be contrary to the goals of the applicable
elements of the Vail Comprehensive Plan and the Town's
development objectives.
C. That exceptional or extraordinary circumstances or
conditions apply to the site that prevents the implementation
of the on-site unit mitigation method
d. That the method of mitigation proposed better
achieves the intent and purpose of this Chapter and general
and specific purposes of this Title than the on-site mitigation
unit method.
2. All on-site EHUs shall be deed restricted as a "Type IV-CL"
(type four, commercial linkage mitigation) or "Type VII-CL" (type
seven, commercial linkage mitigation) EHU in accordance with
Chapter 12-13, Employee Housing, of this Title.
3. At the sole discretion of the applicable governing body, an
applicant may provide on-site dormitory style units.
4. An applicant may provide a payment of fees-in-lieu for any
fractional remainder of the requirement generated under this Chapter
totaling less than 1.25 employees.
5. Any remaining portion of the. mitigation requirement not
provided with on-site units may be provided in accordance with
Section 12-23-6B below.
B. For all development projects except those mitigated by
Section 12-23-6A above, the mitigation of employee housing required by this
Chapter shall be accomplished through one, or at the developer's discretion,
any combination, of the following methods:
1. On-site units.
a The F-equioite number- of E-H In er a en #en theLeef,
notr-UGted ergsiteprovided tl? that a..11 o site CH s
rx;sy be r??r,?--- - on - s-?a are
deed Fesk-irted in aGGor4anee MM this All on-site EHUs
shall be deed restricted as a "Type IV-CL" (type four,
commercial linkage mitigation) or "Type VII-CL" (type seven,
commercial linkage mitigation) EHU in accordance with
Chapter 12-13, Employee Housing, of this Title.
27 Ordinance No. 1, Series of 2008, first reading
b. At--th sale -dfs6Fet of the_-PAwnia and
denngery fu, tI less- the apprcazin-jo iS-fo; --a Spevral
v ac a methed Of .
At the sole discretion of the applicable governing body, an
applicant may provide on-site dormitory style units.
2. Conveyance of property on-site. An applicant may convey
on-site real property to the Town on which no covenants, restrictions or
issues exist that would limit the construction of EHUs, at the sole
discretion of the Town Council This method does not mitigate the on-
site unit requirements of Section 12-23-6A above.
3. Off-site units.
a. The requisite number of EHUs; or a portion thereof,
may be provided off-site within the Town, provided that such
EHUs are deed restricted in accordance with this Chapter.
b. At the sole discretion of the Planning and
Environmental Commission, an applicant may provide off-site
dormitory units, unless the application is for a Special
Development District, in which case, the Town Council, in its sole
discretion, may accept dormitory units as a method of mitigation.
4. Payment of fees-in-lieu. The D/nnnin.g and CTn„i -onnmenta
be hOUS-Ed, ..'on theFeef, requiFed by this Chapter
a. The fee-in-lieu for each employee to be housed
shall be established annually by resolution of the Town Council,
provided that, in calculating that fee, the Town Council shall
include the net cost (total cost less the amount covered by rental
or sale income) of real property and all related planning, design,
site development, legal, construction and construction
management costs of the project, in current dollars, which would
be incurred by the Town to provide housing for the employee to be
housed in that year.
b. An administrative fee, established by resolution of
the Town Council, shall be added to the amount set forth in
paragraph a hereof.
C. Fees-in-lieu shall be due and payable prior to the
issuance of a building permit for the development.
d. The Town shall only use monies collected from
fees-in-lieu to provide new employee housing.
28 Ordinance No. 1, Series of 2008, first reading
. 5. Conveyance of property off-site. The Town Council may,
at its sole discretion, accept the conveyance of property off-site in lieu of
requiring the provision of EHUs, provided that no covenants, restrictions or
issues exist on such property that would limit the construction of EHUs.
B p rti' I fees in lieu shall be aid when the Ga/Gulatinn to rl^t^rmin 1
the number- of employees gen^r ted Unrl^r this Chapter- Fe&ufc in a ffa&tiena
number- of employees.
12-23-7: MITIGATION BANK:
A. The Town will provide credit for any EHUs constructed on-site,
constructed off-site, or otherwise acquired in anticipation of future commercial
development or redevelopment, provided that those EHUs meet all applicable
requirements of this Title. However, the construction or acquisition of EHUs in
anticipation of future development is at the sole risk of the applicant, because the
commercial development shall be subject to all regulations pertaining to EHUs
which are in effect at the time the application for commercial development review
is submitted to the Town, even if those regulations change after the EHUs are
constructed.
B. It shall be the applicant's responsibility to provide documentation
of any existing EHU credit upon submission of an application for development
review. If the applicant cannot adequately document such credits, the Town shall
not be obligated to provide such credit.
12-23-8: ADMINISTRATION:
A. Each application for development review, except those exempt
per Section 12-23-5, shall include an employee housing plan OF °tat^^'^nt ^f
exemption which includes the following:
D.
1. Calculation Method. The calculation of employee
generation, including credits if applicable, and the mitigation method by
which the applicant proposes to meet the requirements of this Chapter;
2. Plans. A dimensioned site plan and architectural floor plan
that demonstrates compliance with Section 12-23-3, Size and Building
Requirements,
3. Lot Size. The average lot size of the proposed EHUs and
the average lot size of other dwelling units in the commercial
development or redevelopment, if any;
4. Schedules. A timeline for the provision of any off-site
EHUs;
5. Off-Site Units. A proposal for the provision of any off-site
EHUs shall include a brief statement explaining the basis of the proposal,
29 Ordinance No. 1, Series of 2008, first reading
6. Off-Site Conveyance Request. A request for an off-site
conveyance shall include a brief statement explaining the basis for the
request;
7. Fees-in-lieu. A proposal to pay fees-in-lieu shall include a
brief statement explaining the basis of the proposal, and
8. Written Narrative. A written narrative explaining how the
employee housing plan meets the purposes of this Chapter and complies
with the Town's Comprehensive Plan.
4;. B. Governing Body:
The Administrator shall approve, approve with modifications or deny
an employee housing plan involving a total mitigation requirement of less
than 1.25 employees.
The Planning and Environmental Commission shall approve, approve with
modifications or deny an employee housing plan unless the plan involves a
total mitigation requirement of less than 1.25 employees; the development
phan is located within a Special Development District; or the plan includes a
request to convey property., ,
approve MM medXGatiops-, or- depy the employee housing plan.
The Town Council shall approve, approve with modifications or deny
an employee housing plan for a development located within a Special
Development District or a plan requesting to convey property.
Before granting approval of an employee housing plan, _ the
applicable governing body shall make findings that the employee housing
plan conforms to the general and specific purposes of this title, and that
the plan is compatible with the applicable elements of the Vail
Comprehensive Plan and the development objectives of the Town.
D-. E. If modifications to a submitted application for development review
changes the obligations of the applicant under this Chapter, the applicant shall
submit a modified employee housing plan. A modification to an employee
housing plan shall be reviewed by the body that reviewed the initial employee
housing plan, in accordance with the provisions of this Chapter.
F. An approved employee housing plan shall become part of the
approved application for development review for the affected site.
G. Requests to amend an approved employee housing plan shall
be reviewed in accordance with the procedures described in this Chapter.
At the discretion of the Administrator, minor amendments that do not alter
the basic intent or methodology of the plan may be approved, or approved
with modifications, or denied by the Administrator.
30 Ordinance No. 1, Series of 2008, first reading
12-23-9: OCCUPANCY AND DEED RESTRICTIONS:
A. No EHU shall be subdivided or divided into any form of timeshare
unit or fractional fee club unit.
B. EHUs shall not be leased for a period less than thirty (30)
consecutive days.
C. An EHU may be sold or transferred as a separate unit on the site.
D. An EHU shall be continuously occupied by an employee rented
and shall not remain vacant for a period in excess of three (3) consecutive
months unless, despite reasonable and documented efforts to rent occupy the
EHU, rental efforts are unsuccessful.
E. No later than February 1 of each year, the owner of an EHU shall
submit a sworn affidavit on a form provided by the Town to the Town of Vail
Community Development Department containing the following information:
1: Evidence to establish that the EHU has been occupied
throughout the year by an employee;
2. The rental rate (unless owner-occupied);
3. The employee's employer; and
4. Evidence to demonstrate that at least one tegant person
residing in the EHU is an employee.
12-23-10: TIMING:
All EHUs required by this Chapter shall be ready for occupancy prior to
the issuance of a temporary certificate of occupancy for the affected commercial
development or redevelopment.
12-23-11: VARIANCES:
Variances from the requirements of this Chapter may be granted pursuant
to the procedures and standards set forth in Chapter 17 of this Title.
12-23-12: REVIEW.
A. Purpose. The. Town Council intends that the application of this
Chapter not result in an unlawful taking of private property without the payment
of just compensation, and therefore, the Town Council adopts the review
procedures set forth in this Section.
B. Planning and Environmental Commission review. Any applicant
for commercial development who feels that the application of this Chapter would
effect an unlawful taking may apply to the Planning and Environmental
Commission for an adjustment of the requirements imposed by this Chapter. If
the Planning and Environmental Commission determines that the application of
31 Ordinance No. 1, Series of 2008, first reading
this Chapter would result in an unlawful taking of private property without just
compensation, the Planning and Environmental Commission may alter, lessen,
or adjust employee housing requirements as applied to the particular project
under consideration to ensure that there is no unlawful uncompensated taking.
C. Town Council review. If the Planning and Environmental
Commission denies the relief sought by an applicant, the applicant may request a
hearing before the Town Council. Such hearing shall be a quasi-judicial hearing
and conducted according to the Town's rules and regulations regarding quasi-
judicial hearings. At such hearing, the burden of proof shall be on the applicant
to establish that the fulfillment of the requirements of this Chapter would effect an
unconstitutional taking without just compensation pursuant to applicable law. If
the Town Council determines that the application of this Chapter would effect an
illegal taking without just compensation, the Town Council may alter, lessen, or
adjust the employee housing requirements as applied to the particular project
under consideration to ensure that no illegal uncompensated taking occurs. The
decision of the Town Council shall be final, subject only to judicial review.
Section 25. Chapter 12-24, Inclusionary Zoning, of the Vail Town Code is hereby
amended as follows (text to be deleted is in striketh; ou ", text that is to be added is bold):
12-24-1. PURPOSE AND APPLICABILITY:
A. The purpose of this Chapter is to ensure that new residential
development and redevelopment in the Town of Vail provide for a reasonable
amount of employee housing to mitigate the impact on employee housing caused
by such residential development and redevelopment.
B. This Chapter shall apply to all new residential development and
redevelopment located within the following zone districts, except as provided in
Section 12-24-5:
1. High Density Multiple Family (HDMF);
2. Public Accommodation (PA);
3. Public Accommodation 2 (PA2);
4. Commercial Core 1 (CC1);
5. Commercial Core 2 (CC2);
6. Commercial Core 3 (CC3);
7. Commercial Service Center (CSC),
8. Arterial Business (ABD);
9. General Use (GU);
10. Heavy Service (HS);
32 Ordinance No. 1, Series of 2008, first reading
11. Lionshead Mixed Use 1 (LMU1);
12. Lionshead Mixed Use 2 (LMU2);
13. Ski Base/Recreation (SBR);
14. Ski Base/Recreation 2 (SBR2);
.15. Parking District (P); and
16. Special Development (SDD).
C. The requirements of this Chapter shall be in addition to all other
requirements of this Code.
D. When any provision of this Chapter conflicts with any other
provision of this Code, the provision of this Chapter shall control.
12-24-2: EMPLOYEE HOUSING REQUIREMENTS:
Every residential development and redevelopment shall be required to
mitigate its direct and secondary impacts on the Town by providing
employee housing at a mitigation rate of ten percent (10%) of the total
new GRFA.
For example, for a development proposing 5,500 square feet of new
GRFA the calculation would be as follows:
5,500 square feet of new GRFA x 10% mitigation rate = 550
square feet of employee housing to be provided
12-24-3: BUILDING REQUIREMENTS:
A. Table 24-1, Size of Employee Housing Units, establishes the
minimum size requirements for EHUs under this Chapter. All EHUs shall meet or
exceed the minimum size requirements.
TABLE 24-1
SIZE OF EMPLOYEE HOUSING UNITS
Type of Unit Minimum Size (GRFA)
Dormitory 250
Studio 438
One-Bedroom 613
Two-Bedroom 788
33 Ordinance No. 1, Series of 2008, first reading
Three or More -Bedroom 1,225
B. Every EHU shall contain a kitchen facility or kitchenette and a
bathroom.
C. All trash facilities shall be enclosed.
D. Parking shall be provided as FequiFed by in accordance with Chapter 10
of this Title.
1. Exception for on-site EHUs: At the discretion of the governing
body, variations to the parking standards outlined in Chapter 10 of this
Title may be approved during the review of an employee housing plan
subject to a parking management plan. The parking management plan may
be approved by the governing body and may provide for, a reduction in the
parking requirements for on-site units based on a demonstrated need for
fewer parking spaces than Chapter 10 of this Title would require. For
example, a demonstrated need fora reduction in the required parking could
include:
a. Proximity or availability of alternative modes of transportation
including, but not limited to, public transit or shuttle services,
b. A limitation placed in the deed restrictions limiting the number of
cars for each unit.
c. A demonstrated permanent program including, but not limited to,
rideshare programs, car-share programs, shuttle service, or
staggered work shifts.
E. Each EHU shall have its own entrance. There shall be no interior
access from any EHU to any dwelling unit to which it may be attached.
C C
GE)PtFBI:
_G. SveFy EHU sha# be allowed thFee hund-Fed (300) square feet 9
additional vG Any E44U that does not 3 c garage shall 444ude a
75) J
12-24-4: REDEVELOPMENT.'
Employee housing need only be provided for the increase in the GRFA of
a redevelopment; provided however, that if any existing EHUs are to be removed,
an equal amount of EHUs shall be replaced in addition to other requirements of
this Chapter.
34 Ordinance No. 1, Series of 2008, first reading
12-24-5: EXEMPTIONS:
The following shall be exempt from this Chapter:
1. The remodeling of an existing dwelling unit,
2. The replacement of a demolished residential development,
provided the replacement structure does not exceed the total GRFA of the
original structure; and
3. The construction of EHUs.
12-24-6: METHODS OF MITIGATION:
A. For all new construction and demo/rebuild projects that result in a
mitigation requirement of 438 sq. ft. or greater, no less than one-half C12) the
mitigation of employee housing required by this Chapter shall be accomplished
with on-site units.
1. Exceptions: At the sole discretion of the applicable governing
body, an exception may be granted from this on-site unit
requirement should the applicable governing body make one of the
following findings:
a. That implementation of the on-site unit mitigation
method would be contrary to the intent and purpose of the
applicable zone district
b. That implementation of the on-site unit mitigation
method would be contrary to the goals of the applicable
elements of the Vail Comprehensive' Plan and the Town's
development objectives.
C. That exceptional or extraordinary circumstances or
conditions apply to the site that prevents the implementation
of the on-site unit mitigation method
d. That the method of mitigation proposed better
achieves the intent and purpose of this Chapter and general
and specific purposes of this Title than the on-site mitigation
uttit method.
2. All on-site EHUs shall be deed restricted as a "Type IV-IZ"
(type four, inclusionary zoning mitigation) or "Type VI1-1Z" (type
seven, inclusionary zoning mitigation) EHU in accordance with
Chapter 12-13, Employee Housing, of this Title.
3. At the sole discretion of the ,applicable governing body, an
applicant may provide on-site dormitory style units.
35 Ordinance No. 1, Series of 2008, first reading
4. An applicant may provide a payment of fees-in-lieu for any
fractional remainder of the requirement generated under this Chapter
totaling less than 438 sq. ft. of EHU floor area.
5. Any remaining portion of the mitigation requirement not
provided with on-site units may be provided in accordance with
Section 12-24-68 below.
A. B. For all development projects, except those mitigated by
Section 12-24-6A above, the mitigation of employee housing required by this
Chapter shall be accomplished through one, or at the developer's discretion,
any combination of the.following methods:
On-site units.
On-site units.
a. The mquis;f,, n„mhor of 04 to or- a pertion th f
may lie-6rr?F}Str -r-ted on--site, pre 'rded that all o site-EML s s:-e
All on-site EHUs
shall be deed restricted as a "Type 1V /Z" (type four,
inclusionary zoning, mitigation) or "Type Vll-IZ" (type seven,
inclusionary zoning mitigation) EHU in accordance with
Chapter 12-13, Employee Housing, of this Title.
b. At the sE!e-discretien-ef t?Planr,i,,?' and
dvT47'4v. )' aT'iTi#J, JJ Yfe 45?.J fGr v C/.' eis
Development nrsWG In ? ;G h = o the Town GOUnG7 in 8 801a
s c method ef .
At the sole discretion of the applicable governing body, an
applicant may provide on-site dormitory style units.
2. Conveyance of property on-site. An applicant may convey on-site
real property to the Town of Vail on which no covenants, restrictions or issues
exist that would limit the construction of EHUs, at the sole discretion of the Town
Council. This method does not mitigate the on-site unit requirements of
Section 12-24-6A above.
3. Off-site units.
a. The requisite number of EHUs, or a portion thereof, may
be provided off-site within the Town, provided that such EHUs are deed
restricted in accordance with this Chapter.
b. At the sole discretion of the Planning and Environmental
Commission, an applicant may provide off-site dormitory units, unless the
application is for a Special Development District, in which case, the Town
Council, in its sole discretion, may accept dormitory units as a method of
mitigation.
36 Ordinance No. 1, Series of 2008, first reading
4. Payment of fees-in-lieu. The ° mg
Gemm?ssibn may approve f a fee-in-lieu- fGF each squa a font of
a. The fee-in-lieu for each square foot shall be established
annually by resolution of the Town Council, provided that in calculating
that fee, the Town Council shall include the net cost (total cost less the
amount covered by rental or sale income) of real property and all related
planning, design, site development, legal, construction and construction
management costs of the project, in current dollars, which would be
incurred by the Town to provide the square feet in that year.
b. An administrative fee, established by resolution of the
Town Council, shall be added to the amount set forth in paragraph a
hereof.
C. Fees-in-lieu shall be due and payable prior to the issuance
of a building permit for the development.
d. The Town shall only use monies collected from the fees-in-
lieu to provide new employee housing.
5. Conveyance of property off-site. The Town Council may, at its
sole discretion, accept a conveyance of real property off-site in lieu of requiring
construction of EHUs, provided that no covenants, restrictions or issues exist on
the property that would limit the construction of EHUs.
12-24-7 MITIGATION BANK.
A. The Town will provide credit for any EHUs constructed on-site,
constructed off-site, or otherwise acquired in anticipation of future residential
development or redevelopment, provided that those EHUs meet all applicable
requirements of this Chapter. However, the construction or acquisition of EHUs
in anticipation of future development is at the risk. of the applicant, because the
residential development shall be subject to all regulations pertaining to EHUs
which are in effect at the time the application for development review is submitted
to the Town, even if those regulations change after the EHUs are constructed.
B. It shall be the applicant's responsibility to provide documentation
of any existing EHU credits upon submission of an application for development
review. If the applicant cannot adequately document such credits, the Town shall
not be obligated to provide such credits.
12-24-8: ADMINISTRATION:
A. Each application for development review, except those exempt
per Section 12-24-5, shall include an employee housing plan OF statengen
exemption ich includes the following:
8.
37 Ordinance No. 1, Series of 2008, first reading
1. Calculation Method. The calculation of the inclusionary
zoning requirement, including credits if applicable, and the mitigation
method by which the applicant proposes to meet the requirements of this
Chapter;
2. Plans. A dimensioned site plan and architectural floor plan
that demonstrates compliance with Section 12-24-3, Building
Requirements,
3. Lot Size. The average lot size of the proposed EHUs and
the average lot size of other dwelling units in the commercial
development or redevelopment, if any;
4. Schedules. A timeline for the provision of any off-site
EHUs,
5. Off-Site Units. A proposal for the provision of any off-site
EHUs shall include a brief statement explaining the basis of the proposal,
6. Off-Site Conveyance Request. A request for an off-site
conveyance shall include a brief statement explaining the basis for the
request, and
7. Fees-in-lieu. A proposal to pay fees-in-lieu shall include a
brief statement explaining the basis of the proposal.
8. Written Narrative. A written narrative explaining how the
employee housing plan meets the purposes of this Chapter and complies
with the Town's Comprehensive Plan.
G. B. Governing Body:
The Administrator shall approve, approve with modifications or deny
an employee housing plan involving a total mitigation requirement of less
than 438 square feet of EHU floor area.
The Planning and Environmental Commission shall approve, approve with
modifications, or deny an employee housing plan unless the plan involves less
than 438 square feet of EHU floor area; the development plan is located
within a Special Development District; or the plan includes a request to convey
property and then the Town GounG# shag - ,
Qr rlenv the em fOyee 4e148inn plan
m
The Town Council shall approve, approve with modifications or deny
an employee housing plan for a development located within a Special
Development District or a plan requesting to convey property.
Before granting approval of an employee housing plan, the
applicable governing body shall make findings that the employee housing
plan conforms to the general and specific purposes of this title, and that
38 Ordinance No. 1, Series of 2008, first reading
the plan is compatible with the applicable elements of the Vail
Comprehensive Plan and the development objectives of the Town.
D- C. If modifications to a submitted application for development review
changes the obligations of the applicant under this Chapter, the applicant shall
submit a modified employee housing plan. A modification to an employee
housing plan shall be reviewed by the body that reviewed the initial employee
housing plan, in accordance with the provisions of this Chapter.
EL. D. An approved Employee Housing Plan shall become part of the
approved application for development review for the affected site.
E. Requests to amend an approved employee housing plan shall
be reviewed in accordance with the procedures described in this Chapter.
At the discretion of the Administrator, minor amendments that do not alter
the basic intent or methodology of the plan may be approved, or approved
with modifications, or denied by the Administrator.
12-24-9: OCCUPANCYAND DEED RESTRICTIONS:
A. No EHU shall be subdivided or divided into any form of timeshare
unit or fractional fee club unit.
8. EHUs shall not be leased for a period less than thirty (30)
consecutive days.
C. An EHU may be sold or transferred as a separate unit on the site.
D. An EHU shall be continuously occupied by an employee rented
and shall not remain vacant for a period in excess of three (3) consecutive
months unless, despite reasonable and documented efforts to rent occupy the
EHU, rental efforts are unsuccessful.
E. No later than February 1 of each year, -the owner of each EHU
shall submit a sworn affidavit on a form provided by the Town with the following
information:
1. Evidence to establish that the EHU has been rented or
owner occupied throughout the year,
2. The rental rate (unless owner-occupied);
3. The employee's employer; and
4. Evidence to demonstrate that at least one tenan person
residing in the EHU is an employee at a business located in Eagle
County.
39 - Ordinance No. 1, Series of 2008, first reading
12-24-10: TIMING:
All EHUs required by this Chapter shall be ready for occupancy prior to
the issuance of a.temporary certificate of occupancy for the affected residential
development.
12-24-11: VARIANCES:
Variances from the requirements of this Chapter may be granted pursuant
to the procedures and standards set forth in Chapter 17 of this Title.
12-24-12: REVIEW.'
A. Purpose. The Town Council intends that the application of this
Chapter not result in an unlawful taking of private property without the payment
of just compensation, and therefore, the Town Council adopts the review
procedures set forth in this Section.
8. Planning and Environmental Commission review. Any applicant
for residential development who feels that the application of this Chapter would
effect an unlawful taking may apply to the Planning and Environmental
Commission for an adjustment of the requirements imposed by this Chapter. If
the Planning and Environmental Commission determines that the application of
this Chapter would result in an unlawful taking of private property without just
compensation, the Planning and Environmental Commission may alter, lessen,
or adjust employee housing requirements as applied to the particular project
under consideration to ensure that there is no unlawful uncompensated taking.
C. Town Council review. If the Planning and Environmental
Commission denies the relief sought by an applicant, the applicant may request a
hearing before the Town Council. Such hearing shall be a quasi-judicial hearing
and conducted according to the Town's rules and regulations regarding quasi-
judicial hearings. At such hearing, the burden of proof shall be on the applicant
.to establish that the fulfillment of the requirements of this Chapter would effect an
unconstitutional taking without just compensation pursuant to applicable law. If
the Town Council determines that the application of this Chapter would effect an
illegal taking without just compensation, the Town Council may alter, lessen, or
adjust the employee housing requirements as applied to the particular project
under consideration to ensure that no illegal uncompensated taking occurs. The
decision of the Town Council shall be final, subject only to judicial review.'
Section 26. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 27. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
.inhabitants thereof.
40 Ordinance No. 1, Series of 2008, first reading
Section 28. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of
any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 29. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of April, 2008 and a public
hearing for second reading of this Ordinance set for the 15th day of April, 2008, in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
Richard D. Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
41 Ordinance No. 1, Series of 2008, first reading
Vail Town Council Attachment: B
Extraordinary people. Extraordinary care.
Vail Valley Medical Center
WWW.VVMC.COM
March 7, 2008
Planning and Environmental Commission
Town Council
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
Re: Proposed changes to Housing Regulations
Dear Commissioners and Council Members,
181 West Meadow Drive, Vail, CO 81657
PO Box 40,000, Vail, CO 81658
We understand that the Town is proposing to modify the employee housing requirements for
development and redevelopment projects within the Town. The proposed regulations would
require that mitigation for employee housing occur 100% on the site of the development project.
We understand that the Planning and Environmental Commission, at its sole discretion, could
approve an exception to allow offsite mitigation or payment in lieu but only after applying some
additional and more stringent criteria.
The Vail Valley Medical Center (VVMC) is very concerned about the impact of the adopted
regulations as the proposed amendments would make redevel"viiaent of the medical center
extraordinarily difficult and expensive and therefore might result in unintended consequences.
We have expressed this concern during the initial development of Ordinances NO. 7, 8, 9 and
Resolution NO. 10, Series 2007.
VVMC is a vital component of the Town and the community. This type of facility is part of the
municipal infrastructure of a vibrant and healthy community. The services provided by this
facility are what the public expects to find in a mature community such as ours.
During the review of the current regulations we asked that the Town include language that would
allow VVMC or similar public facilities to have special consideration in the review of a housing
plan. We asked for some flexibility due to our not-for-profit healthcare mission. Any
redevelopment of our property would not be motivated by profit but by provision of patient care
services. An additional concern is that major redevelopment will likely be funded by
philanthropy and it could be a major concern of donors to know that the project could not be
started without millions invested, potentially on site for workforce housing.
No such language was included in the original draft as it was suggested that VVMC could apply
for a variance. After reviewing the regulations we believe that the variance criteria would never
allow for the flexibility that would be necessary to allow VVMC to appropriately respond to the
need for quality medical services on the Vail campus.
We would request again that language be added to the regulations that provide for flexibility for
public or quasi public uses.
The Vail Valley Medical Center has always recognized the importance of its employees and the
measures necessary to attract and maintain a qualified healthcare workforce. VVMC is the
second largest employer in Eagle County and serves as a regional medical facility. We have
facilities in Vail, Avon, Edwards, Eagle, and Gypsum and we have approximately 94 employees
residing in Vail, 70 in Summit County, 52 in Leadville, 16 in Mintum, 118 in Avon, 82 in
Edwards, 82 in Eagle, and 43 in Gypsum.
VVMC Administration and the Governing Board are fully engaged in the understanding of our
staffs needs and continue to develop our housing assistance program. Within our ongoing
discussions, it is clear that we need to seek several mechanisms to assist staff in housing and not
just merely tie them to the Town of Vail. VVMC's housing program currently includes:
• Housing subsidies in the form of reduced housing payments
• Employee units controlled by VVMC on the Tames property in Avon
• Units under rental lease program throughout the County
In 2007 alone, VVMC spent over $600,000 to ensure adequate housing for its employees.
We are providing this information to show that VVMC has a commitment of providing housing
assistance to its employees and will continue to address this issue. We have been able to react to
the needs of our staff in variety of ways. As previously mentioned we will continue our housing
assistance efforts with our specific staff interest in mind.
We invite anyone to meet with us to fully understand the function and operations of VVMC as
we want to be completely transparent with the Town and the community. We look forward to
developing new and exciting partnerships with the Town to help create a community with top
notch infrastructure and facilities of which we can all be proud. Allowing us flexibility will help
make both VVMC and the Town a better place.
Sincerely,
Stan Anderson
Senior Vice President of Operations
Vail Valley Medical Center
Vail Town Council Attachment: C
Mauriello Planning Group
MEMORANDUM
TO: Town of Vail Planning Commission
FROM: Mauriello Planning Group
DATE: March 10, 2008
RE: Analysis of Proposed Amendments to the Employee Housing Regulations
Based on the staff memorandum for the Planning Commission Meeting on March 10,
2008, we reviewed the examples provided by staff in the draft of Ordinance 1, Series of
2008, on Pages 57-58 (Inclusionary Zoning). The analysis provides the following:
Givens:
0 120,000 sq. ft. of GRFA
• = 60 dwelling units at 2000 sq ft. per unit
• At. 11 employees per unit = 6.6 employees generated (based on the Town of Vail
Nexus Study)
Existing Regs: (10% mitigation rate)
12,000 sq. ft. of employee housing
@ 350 per employee =
34 employees to be housed (5157o of employees generated)
Proposed Regs with the example: (ends up at 27.9% mitigation rate)
60,000 sq. ft. on-site = 6000 sq. ft. to be mitigated
50,000 sq. ft. off-site = 25,000 sq. ft. to be mitigated
10,000 sq.ft. through fee-in-lieu = 2500 sq. ft. to be mitigated
33,500 sq. ft. of employee housing
@ 350 per employee =
95 employees to be housed (1439% of employees generated)
Vail Town Council Attachment: D
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: March 10, 2008
SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant
to Section 12-3-7, Amendment, Vail Town Code, for a prescribed
regulations amendment to Chapters 12-23, Commercial Linkage and 12-
24, Inclusionary Zoning, Vail Town Code, to establish standards and
criteria related to mitigating employee housing requirements, and setting
forth details in regard thereto. (PEC070075)
Applicant: Town of Vail, represented by Nina Timm, Housing
Coordinator
Planner: Bill Gibson
1. SUMMARY
The Applicant, Town of Vail, is requesting a final recommendation to the Vail
Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a
prescribed regulations amendment to Chapters 12-13, Employee Housing, 12-
23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to
establish standards and criteria related to mitigating employee housing
requirements. In addition to amendments to the Chapters listed above there will
be amendments to all the established zone districts which contain employee
housing units as a permitted or conditional use. The Applicant has submitted the
application in response to a request from the Planning and Environmental
Commission to clarify certain portions of the adopted regulations. Staff is
recommending that the Planning and Environmental Commission forwards a
recommendation of approval of the proposed amendments to Chapters 12-13,
Employee Housing, 12-23, Commercial Linkage and 12-24, Inclusionary Zoning,
Vail Town Code, based upon the criteria found in Section VI of this
memorandum.
II. DESCRIPTION OF REQUEST
The Applicant, Town of Vail, is requesting a final recommendation to the Vail
Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a
prescribed regulations amendment to Chapters 12-13, Employee Housing, 12-
23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to
establish standards and criteria related to mitigating employee housing
requirements. In addition to amendments to the Chapters listed above there will
be amendments to Articles 12-6A, Hillside Residential District; 12-613, Single-
Family Residential District; 12-6C, Two-family Residential District; 12-6D, Two-
Family Primary/Secondary Residential District; 12-6E, Residential Cluster
District; 12-6F, Low Density Multiple-Family District; 12-6G, Medium Density
Multiple-Family District; 12-6H, High Density Multiple-Family District; 12-61,
Housing District; 12-7A, Public Accommodation District; 12-713, Commercial Core
1 District; 12-7D, Commercial Core 3 District; 12-7E, Commercial Service Center;
12-7F, Arterial Business District; 12-7H, Lionshead Mixed Use 1 District; 12-71,
Lionshead Mixed Use 2; District; 12-7J, Public Accommodation 2 District; 12-8A,
Agricultural and Open Space District; 12-8D, Ski Base/Recreation District; 12-8E,
Ski Base/Recreation 2 District; 12-913, Parking District; 12-9C, General Use; to
incorporate changes to the employee housing types listed as permitted or
conditional uses within each district and facilitate the implementation of these
regulations.
The Applicant is requesting approval of the Housing Authority's recommendation
that no less than one-half ('/2) the mitigation of employee housing be required on-
site for all new construction and demo/rebuild projects based: This
recommendation is based upon the following factors:
The scarcity of developable land resources;
The financial, political, and practical difficulties associated with the
construction of any free standing employee housing development;
The need for additional workforce housing to ensure the long term
sustainability of Vail's economy;
An opportunity to improve the Town's sense of community;
On-site units create "live-work" opportunities;
On-site units create less demand on,, and impact to, the Town's
infrastructure;
The Town of Vail has an opportunity to become a leader in addressing
employee housing within Eagle County; and,
70% of the community's workforce housing needs created by future
development are not addressed by these regulations;
In a straw poll, the Commission preferred this recommendation over Staff's
previous proposal that new and demo/rebuild projects provide all their required
mitigation on-site.
The Applicant is requesting approval of the Commission's recommendation to
weight the methods of mitigation to further incent on-site employee housing
mitigation. Staff proposes the following rates apply to any mitigation remainder
for new construction and demo-rebuild projects, and that these rates apply to all
other development projects that have employee housing requirements.
For projects subject to Commercial Linkage requirements:
1. On-Site Units: 20% of the employees generated.
2. Conveyance of Property On-Site: 20% of the employees
generated.
3. Off-Site Units: 100% of the employees generated.
4. Payments of Fee in Lieu: 25% of the employees
generated.
2 .
5. Conveyance of Property Off-Site: 20% of the employees
generated
For projects subject to Inclusionary Zoning requirements:
1. On-Site Units: 10% of the net new GRFA.
2. Conveyance of Property On-Site: 10% of the net new
GRFA.
3. Off-Site Units: 50% of the net new GRFA.
4. Payments of Fee in Lieu: 25% of the net new GRFA.
5. Conveyance of Property Off-Site: 10% of the net new
GRFA.
The Applicant is also requesting approval of the Commission's recommendation
to include additional incentives for on-site employee housing mitigation. Staff
has incorporated language into Sections 12-23-3 and 12-24-3 found in the draft
Ordinance that will allow the governing bodies (Council, Commission, or Staff)
the discretion to reduce the parking requirements for on-site EHUs. The
proposed language is similar to that which grants the Commission authority to
reduce the parking requirement for EHUs in the Housing District. The governing
body may approve a parking management plan and a reduction in the required
parking based upon the following considerations:
a. Proximity or availability of alternative modes of transportation
including, but not limited to, public transit or shuttle services.
b. A limitation placed in the deed restrictions limiting the number
of cars for each unit.
c. A demonstrated permanent program including, but not limited
to, rideshare programs, car-share programs, shuttle service, or
staggered work shifts.
Additionally, the Applicant is requesting approval of the Commission's
recommendation to ensure flexibility should a developer proposal better achieves
the intent and purpose of the Employee Housing chapter and the Methods of
Mitigation section than the on-site unit method.
The Applicant and the Vail Local Housing Authority also requesting approval of
the following additions and/or changes to Chapters 12-23, Commercial Linkage
and 12-24, Inclusionary Zoning.
Establishing that any required mitigation of less than 1.25 employees or
any remaining unit floor area of less than 438 sq. ft. may always be
provided through the fee-in'-lieu mitigation method;
3
• Establishing that projects resulting in a total mitigation requirement of less
than 1.25 employees or less than one whole unit will be reviewed
administratively;
• Establishing policies to address potential requests to modify an approved
Employee Housing Plan;
• Creating a new EHU "type" category in the Town Code for any unit used
to mitigate a commercial linkage or inclusionary zoning requirement. This
is necessary to distinguish these mitigation units from the other six types
of EHUs already allowed within the Town of Vail;
• Clarifying that the intent of Table 23-2, Size of Employee Housing Units,
for Commercial Linkage was that a three bedroom unit and any unit with
more than three bedrooms. mitigate at the same rate of 3.5 employees;
• Clarifying the Mitigation Banking regulations;
• Allowing mitigation types of EHUs as permitted uses in'the applicable
zone districts, rather than conditional uses.
Staff has identified the proposed changes to be made in the attached draft
Ordinance (Attachment A). Text that is to be deleted is in strikethre gh text that
is to be added is in bold, and sections of text that are not to be amended may be
omitted.
III. BACKGROUND
• There is a substantial, direct, and rational connection between the need for
housing of employees generated by new development and redevelopment
and the requirements for the provision of employee housing, as documented
in the report entitled, "Town of Vail Nexus/Proportionality Analvsis for
Emplovee Housing Mitigation Programs."
• It is the Town Council's goal to provide housing for at least thirty percent
(30%) of the net new employees generated from residential and commercial
development in the Town of Vail through the conjunctive efforts of
Commercial Linkage and Inclusionary Zoning.
• On April 3, 2007, the Vail Town Council adopted Ordinances Nos. 7 and 8,
establishing Chapter 23, Commercial Linkage and Chapter 24, Inclusionary
Zoning of the Vail Town Code for the purpose of requiring new development
and redevelopment to provide a reasonable and appropriate percentage of
new employee housing which has a nexus to new job generation.
• At. its December 11, 2007, public hearing, the Planning and Environmental
Commission requested Staff bring forward recommendations for
amendments to Chapters 12-23, Commercial Linkage, and 12-24,
Inclusionary Zoning, to better define the Commission's role in reviewing
Employee Housing Plans and to clarify the priority of the five approved
mitigation methods.
• The Vail Local Housing Authority discussed the Commission's request at their
December 12, 2007, meeting. The Authority determined that the on-site
mitigation method is the highest priority and forwarded a recommendation
4
that half the required employee housing mitigation be required on-site for new
construction and demo/rebuild projects.
• The Commission discussed this recommendation and numerous other issues
related to employee housing at its January 14, 2008, public hearing.
At the Town Council's January 22, 2008, Council Member retreat and again
at its subsequent public hearings, the Town Council indicated that providing
on-site units is the most desirable employee housing mitigation method and
fee-in-lieu is the least desirable method, except -when" necessary to address
partial requirements.
At the February 11, 2008, Planning and Environmental Commission public
hearing the Commission requested Staff forward recommendations for
amendments to Chapters 12-23, Commercial Linkage and 12-24,
inclusionary Zoning to achieve the following:
Prioritization of the five approved mitigation methods based on value
to the community;
• Flexibility and/or incentives for better mitigation options rather than a
requirement for all on-site mitigation; and
• A predictable review process.
• At the February 14, 2008, special meeting of the Vail Local Housing Authority
the Authority again discussed establishing a priority order for the allowed
employee housing mitigation methods. At the meeting, the Authority
reconfirmed its recommendation:
At least half of requisite employee housing mitigation must be provided
on-site for all new development and demo-rebuild projects where
Commercial Linkage and lnclusionary Zoning apply:
Without this requirement the Authority does not believe that on-site unit
mitigation will be pursued by developers. Much of the discussion regarding
the available mitigation options has centered on calculation formulas,
financial parity, who would manage the development of housing projects, and
the like. However, if these arguments are set aside and the question is asked
"what scenario is in the best interest of the community from a long-term
planning standpoint", it becomes clear that on-site employee housing will
provide:
• The most certain delivery of employee housing;
The greatest reduction in vehicular traffic (and associated noise and
pollution) by employees;
• The greatest reduction in public parking needs by employees;
5
• Reduce the loading of employee volume on our public transportation
systems;
• Best retain employee spending in town of Vail service businesses;
and
• Most effectively create the energy of a vibrant, lived-in community in
our resort core and commercial areas.
Additionally, the Authority recommends:
The remaining requisite mitigation should be provided via any of the five
allowed employee housing mitigation methods, or a combination thereof,
at the developer's discretion.
This recommendation is based on the Authority's belief that today all five
mitigation methods provide value to the community.
The Housing Authority supports adding three of the Staff recommended
criteria to allow for relief from the on-site requirement. The Authority does
not recommend adopting language that allows a developer to provide a
creative or "superior" employee housing mitigation plan that could no
longer require at least half of the requisite employee housing mitigation
be provided on-site.
The Housing Authority is also committed to annually reviewing the priority of
the five employee housing mitigation methods and offering their
recommendation to the Vail Town Council. This review is anticipated in
March of each year to coincide with the annual review of the fee-in-lieu rates.
• At the February 25, 2008, Planning and Environmental Commission
public hearing the Commission recommended:
All mitigation methods should be available at the developer's
discretion, but the methods of mitigation should be weighted to
incent on-site employee housing mitigation.
Additional incentives should be given to developers to construct on-
site employee housing units.
Ensure flexibility should a developer proposal better achieve the
intent and purpose of the Employee Housing chapter and the
Methods of Mitigation section than the on-site unit method.
IV. ROLES OF REVIEWING BODIES
Order of Review: Generally, text amendment applications will be reviewed by the
Planning and Environmental Commission and the Commission will forward a
recommendation to the Town Council. The Town Council will then review the
text amendment application.
6
Planning and Environmental Commission:
The Planning and Environmental Commission is responsible for the review of a
text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town
Code, and forwarding of a recommendation to the Town Council.
V.
Vail Local Housing Authority:
The Vail Local Housing Authority is responsible for forwarding a recommendation
to the Town Council.
Design Review Board:
The Design Review Board has no review authority over a text amendment to the
Vail Town Code.
Town Council:
The Town Council is responsible for final approval, approval with modifications,
or denial of a text amendment application, pursuant to Section 12-3-7,
Amendment, Vail Town Code.
The Town Council has the authority to hear and decide appeals from any
decision, determination, or interpretation by the Planning and Environmental
Commission and/or Design Review Board. The Town Council may also call up a
decision of the Planning and Environmental Commission and/or Design Review
Board.
APPLICABLE DOCUMENTS
Staff believes the following documents are relevant to the review of this proposal:
TITLE 12: ZONING REGULATIONS
Chapter 12-1, Title, Purpose and Applicability (in part)
Section 12-1-2: Purpose
A. General. These regulations are enacted for the purpose of
promoting the health, safety, morals, and general welfare of the Town, and
to promote the coordinated and harmonious development of the
Town in a manner that will conserve and enhance its natural
environment and its established character as a resort and residential
community of high quality.
B. Specific: These regulations are intended to achieve the following more
specific purposes:
1. To provide for adequate light, air, sanitation, drainage, and public
facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of
snow, and other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation
and to lessen congestion in the streets.
7
4. To promote adequate and appropriately located off street parking and
loading facilities.
5. To conserve and maintain established community qualities and
economic values.
6. To encourage a harmonious, convenient, workable relationship
among land uses, consistent with municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land
with structures.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other
desirable natural features.
10. To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable
community.
Chapter 12-3: Administration and Enforcement:" (in part)
12-3-7: AMENDMENT.'
C. Criteria and Findings:
2. Prescribed Regulations Amendment:
a. Factors, Enumerated: Before acting on an application for an
amendment to the regulations prescribed in this title, the planning
and environmental commission and town council shall consider the
following factors with respect to the requested text amendment:
1. The extent to which the text amendment furthers the general and
specific purposes of the zoning regulations; and
2. The extent to which the text amendment would better implement
and better achieve the applicable elements of the adopted goals,
objectives, and policies outlined in the Vail comprehensive plan
and is compatible with the development objectives of the town, and
3. The extent to which the text amendment demonstrates how
conditions have substantially changed since the adoption of the
subject regulation and how the existing regulation is no longer
appropriate or is inapplicable; and
4. The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use regulations
consistent with municipal development objectives; and
8
5. Such other factors and criteria the commission and/or council
deem applicable to the proposed text amendment.
Chapter 13: Employee Housing: (in part)
12-13-1: Purpose:
The town's economy is largely tourist based and the health of this
economy is premised on exemplary service for Vail's guests. Vail's
ability to provide such service is dependent upon a strong, high
quality and consistently available work force. To achieve such a
work force, the community must work to provide quality living and
working conditions. Availability and affordability of housing plays a
critical role in creating quality living and working conditions for the
community's work force. The town recognizes a permanent, year
round population plays an important role in sustaining a healthy,
viable community. Further, the town recognizes its role in
conjunction with the private sector in ensuring housing is available.
Chapter 23: Commercial Linkage: (in part)
12-23-1: Purpose and Applicability:
A. The purpose of this chapter is to ensure that new commercial
development and redevelopment in the town provide for a
reasonable amount of employee housing to mitigate the impact
on employee housing caused by such commercial development
and redevelopment.
Chapter 24: Inclusionary Zoning: (in part)
12-24-1: Purpose and Applicability.
A. The purpose of this chapter is to ensure that new residential
development and redevelopment in the town of Vail provide for a
reasonable amount of employee housing to mitigate the impact
on employee housing caused by such residential development
and redevelopment.
TOWN OF VAIL LAND USE PLAN
Chapter II: Land Use Goals/Policies (in part)
5. Residential
5.1 Additional residential growth should continue to occur
primarily in existing, platted areas and as appropriate in new
areas where high hazards do not exist.
5.2 Quality time share units should be accommodated to help
keep occupancy rates up.
5.3 Affordable employee housing should be made available
through private efforts, assisted by limited incentives,
provided by the Town of Vail, with appropriate restrictions.
9
5.4 Residential growth should keep pace with the market
place demands for a full range of housing types,
5.5 The existing employee housing base should be preserved
and upgraded. Additional employee housing needs should be
accommodated at varied sites throughout the community.
VAIL VILLAGE MASTER PLAN
Chapter V: Goals, Objectives, Policies and Action Steps (in part)
Goal #2: To foster a strong tourist industry and promote year-around economic
health and viability for the village and for the community as a whole.
2.6 Objective:
Encourage the development of affordable housing units
through the efforts of the private sector.
2.6.1 Policy:
Employee housing; units may be required as part of any new
or redevelopment project requesting density over that
allowed by existing zoning.
2.6.2 Policy:
Employee housing, shall be developed with appropriate
restrictions so as to insure their availability and affordability
to the local work force.
2.6,3 Policy:
The Town of Vail may facilitate -in the development of
affordable housing by providing limited assistance.
LIONSHEAD REDEVLOPMENT MASTER PLAN
Chapter 4: Master Plan Recommendation - Overall Study Area
4.8 Parking
4.8.4 Parking for Employee Housing
The unit-to-parking space ratio for employee housing should be reduced
to maximize the housing opportunities in west Lionshead. During the
master planning process, the Vail Town Council toured several employee
housing complexes in Keystone Resort that averaged .25 cars per bed
(one parking space per four-bed unit). Most of these complexes at
Keystone are removed from the core and depend on a bus transit system
to carry employees to and from work. Yet, Keystone property managers
have not observed a parking shortage. Likewise, at the Rivers Edge
employee housing project in Avon, a parking ratio of. 75 cars per bed has
been more than adequate and the parking lot is underutilized.
10
4.9 Housing
Recent community surveys and grass-roots planning efforts such as
Vail Tomorrow have identified the lack of locals housing as the most
critical _ issue facing the Vail community. Early in the Lionshead
master planning process, west Lionshead was identified as an opportunity
area to implement some of the community's housing goals, particularly
relating to employee housing. These opportunities and associated issues
are outlined below.
4.9.1 No Net Loss of Employee Housing
Ground rule number five of the master plan states that there shall be no
net loss of employee housing in Lionshead as redevelopment occurs.
Visual Issues
4.9.2 The financial realities of affordable housing often require cost
reducing measures, generally involving the quality of detailing, planning,
and architectural design. Given the strong desire to make these housing
projects feasible, it is recommended that some latitude be granted to
affordable housing developers. However, it is also important that financial
realities not be used as an excuse to produce unsightly, poorly designed,
substandard products. Employee housing. does not need to match the
architectural sophistication of a five star resort development, but it does
need to be good quality construction and design. Rivers Edge in Avon is
a good example of an attractive yet affordable employee housing project.
4.9.3 Policy Based Housing Opportunities
The first means of implementing housing goals in Lionshead is through
policy based requirements such as the employee generation ordinance
currently being pursued by the Vail Town. Council. As required by a
future ordinance, all development and redevelopment projects, as a
prerequisite to project approval, should provide housing for
employees generated and to the extent possible this housing should
be located in the Lionshead area.
VAIL 20/20 STRATEGIC PLAN
Executive Summary (in part)
Housing: The high cost of housing and a lack of developable land
continue to challenge the community in providing adequate workforce
housing. Opportunities exist to increase the amount of employee
housing through redevelopment of existing housing, the purchase of
deed-restricted units and through developer requirements. During
20120, participants placed workforce housing as a top priority for the
community and government leaders to address.
Community Values (in part)
Diversity. Vail values maintaining a diverse population of residents,
workers and visitors, with a broad representation of age, family
composition, ethnic background and economic means.
11
Land Use and Development (in part)
20/20 Vision: The pedestrian ambiance and scale of Vail Village and
Lionshead continues into 2020, where the European alpine charm of Vail
is replicated in its new development. The unique character of Vail is
evident from the Tyrolean building style that speaks of Vail's history, to
the mountain contemporary style that heralds technological advancement.
The vibrant mixed-use pedestrian core areas of Vail attract guests,
residents and businesses. The diversity of businesses within the core
areas provides something for everyone and the new affordable housing
options are seamlessly. integrated into the community's fabric.
Growth has been carefully . managed to be sustainable and
complementary to the natural environment.
20120 Implementation:. Based on input from the community during the
20120 process, town staff developed the following goals and action
strategies to support the land use and development vision. The goals
also reflect the common themes heard from the community during the
20120 process, including a need for more employee housing,
increased environmental sustainability, reduction of 1-70 impacts and
managed growth.
Goal #4: Provide for enough deed-restricted housing for at least 30
percent of the workforce through policies, regulations and publicly
initiated development.
Actions/Strategies
• Update housing regulations to include more zone districts that
are required to provide employee housing.
• Redevelop Timber Ridge to increase number of employee beds.
• Use employee housing fund for buy-downs and other programs that
will increase the number of employees living within the town.
• Address the zoning regulations to provide more incentives for
developers to build employee housing units.
Housing (in part)
20120 Vision: The number of employees living within the town has steadily
increased, thanks to the town's commitment to ensure affordability and
availability of housing. The number of deed-restricted rental and for-
sale units required of both private and public projects has
increased. The diversity of deed-restricted units can accommodate the
seasonal worker, as well as all levels of year-round employees, including
those with families.) Housing in general has been transformed to include
green building standards.
12
20120 Implementation: Based on input from the community during the
20120 process, town staff with the Vail Local Housing Authority,
developed the following goals and action strategies to support the
housing vision.
Goal. The Town of Vail recognizes the need for housing as
infrastructure that promotes community, reduces transit needs and
keeps more employees living in the town, and will provide for
enough deed-restricted housing for at least 30 percent of the
workforce through policies, regulations and publicly initiated
development.
Actions/Strategies:
• Research and propose next steps for strengthening the town's
inclusionary zoning and commercial linkage policies, including
requirements for more zone districts.
• Research parking requirements for employee housing and consider
reducing requirements for employee housing developments.
• . Ensure pay-in-lieu funds generate as many workforce housing units
as possible.
• Establish protocol for disbursement of dedicated housing fund
resources.
• Research and secure potential alternative (besides pay-in-lieu)
funding sources for employee housing.
EAGLE COUNTY HOUSING NEEDS ASSESSMENT. 2007 (see Attachment C)
SECTION 8 - HOUSING NEEDS AND GAPS
Keep Up Needs
Housing Demand from Job Growth - According to employment
forecasts developed by the Colorado Department of Local Affairs,
Eagle County will have a net gain of over 4,400 jobs in the next
three years and. approximately 10,300 additional jobs by 2015.
Job growth in Eagle County will be the result of, expansion by
existing employers, new residential development and new
commerciallndustrial development. Of employers surveyed, 41
percent indicated they plan a net increase in jobs in the next two
years.
Given employment growth over the seven-year period between
2000 and 2007 of 7,222 jobs (1,032 per year), the estimated
increase of 10, 316 jobs in the eight years between now and 2015
(1, 290 per year) may be slightly over stated. The 4,776 additional
housing units needed to accommodate new jobs by 2015 should,
therefore, be viewed as the maximum number likely to be needed
solely to support employment growth.
13
Ga,os
There is a significant gap between the current demand (catch-up)
units and the number of units available as of April, 2007. The
difference of 3,398 units between current demand for 4,446 units '
and current listings of 1,048 units represents the magnitude of the
gap between what residents and in-commuting employees want
for housing and what the free market is providing. The difference
for each AMI category represents the net demand between what
residents and in-commuters can afford and the free market price
of units.
The gap is largest in the 81 to 120 percent AMI range. Since
federal and state housing programs only serve households With
incomes equal to or less than 80 percent AMI (Low Income
Housing Tax Credits and several grant programs have even lower
income eligibility standards) addressing the gap in the 81 to 120
percent AMI range will require partnering with private developers
and other local solutions that do not rely on funding from outside
of Eagle County.
Proportionately, households with incomes greater than 140
percent AMI are the best served by the free market, with units
available to meet approximately 64 percent of current demand.
These figures are dynamic, additional units will be placed on the
market during 2007 that will slightly lower the gap. With 88 percent
of the current listings affordable only for households with incomes
greater than 140 percent AMI, the change should not significantly
impact planning for solutions to address catch-up demand.
EAGLE COUNTY HOUSING NEEDS ASSESSMENT. 1999 (see Attachment D)
Section 9: Conclusions and Recommendations (in part)
• Develop county-wide commercial linkage and inclusionary
zoning programs. Requiring employers to provide housing
for employees is supported by nearly 70% of the county's
residents. Well over half support requiring that a percentage
of all new homes be designated for employee housing.
Develop affordable housing throughout the county except for
seasonal workers, whose housing should be concentrated in
Vail.
VI. REVIEW CRITERIA
1. The extent to which the text amendment furthers the general and
specific purposes of the Zoning Regulations; and
These regulations were adopted in April, 2007, and mitigation was
intended to provide developers with prescribed employee housing
mitigation requirements. As implementation of the requirements has
14
occurred, it appears there is a need to clarify requisite Employee Housing
Plan expectations to achieve desired outcomes as well as better define
certain aspects contained within the regulations.
Staff believes the proposed text amendments clarify the existing
regulations and will continue to further the general and specific purposes
of Title 12, Zoning Regulations, and Chapters 12-23, Commercial Linkage
and 12-24, Inclusionary Zoning.
Staff believes the proposed text amendments are consistent with the
Zoning Regulation's ' general purpose "to promote the coordinated and
harmonious development of the Town in a manner that will conserve and
enhance its natural environment and its established character as a resort
and residential community of high quality. "
Staff believes the proposed text amendments are consistent with the
Zoning Regulation's specific purposes:
"3. To promote safe and efficient pedestrian and vehicular traffic
circulation and to lessen congestion in the streets.
4. To promote adequate and appropriately located off street
parking and loading facilities.
5. To conserve and maintain established community qualities and
economic values.
6. To encourage a harmonious, convenient, workable relationship
among land uses, consistent 'with municipal development
objectives.
11. To otherwise provide for the growth of an orderly and viable
community. "
Staff also believes the proposed text amendments are consistent with the
purposes of the Employee Housing, Commercial Linkage, and
Inclusionary Zoning chapters of the Zoning Regulations that state:
"12-13-1: Purpose: The town's economy is largely tourist based
and the health of this economy is premised on exemplary service
for Vail's guests. Vail's ability to provide such service is dependent
upon a strong, high quality and consistently available work force.
To achieve such a work force, the community must work to
provide quality living and working conditions. Availability and
affordability of housing plays a critical role in creating quality living
and working conditions for the community's work force. The town
recognizes a permanent, year round population plays an important
role in sustaining a healthy, viable community. Further, the town
recognizes its role in conjunction with the private sector in
ensuring housing is available."
15
"12-23-1: Purpose and Applicability. The purpose of this chapter is
to ensure that new commercial development and redevelopment
in the town provide for a reasonable amount of employee housing
to mitigate the impact on employee housing caused by such
commercial development and redevelopment."
"12-24-1: Purpose and Applicability. The purpose of this chapter is
to ensure that new residential development and redevelopment in
the town of Vail provide for a reasonable amount of employee
housing to mitigate the impact on employee housing caused by
such residential development and redevelopment. "
2. The extent to which the text amendment would better implement and
better achieve the applicable elements of the adopted goals,
objectives, and policies outlined in the Vail Comprehensive Plan and
is compatible with the development objectives of the Town; and
As Commercial Linkage and Inclusionary Zoning only address a small
percentage of net new employees generated by new development and
redevelopment it is imperative that each development mitigate a portion
of its own employee housing requirements on-site. Looking into the
future there will be no alternatives to providing employee housing within
the Town of Vail.
As Staff began to analyze the five approved mitigation methods to
understand what modifications may be required to "equalize" the value of
each of the mitigation methods it became apparent that if the community
preferred on-site mitigation this was only going to be achieved by
requiring on-site mitigation. Initially Staff looked at small incremental
increases to each of the methods in order to create parity. Through
analysis it became apparent that ensuring on-site is the preferred
mitigation method and on-par with fee-in-lieu or other mitigation methods,
dramatic changes would be necessary and would likely still not create the
desired on-site mitigation outcome. A copy of this analysis has been
attached for reference (Attachment B).
In order to ensure on-site mitigation, the draft Ordinance reflects the
policy direction of the Housing Authority and the Commission that no less
than one-half (1/2) of the required mitigation.be provided on-site for new
construction and demo-rebuilds. The draft Ordinance also weights the
remaining methods of mitigation to further incent on-site employee
housing mitigation.
To address developer's concerns about predictability, the proposed
amendments provide developers with the most predictable employee
housing review process possible. It clearly identifies and requires the
community's most valued employee housing mitigation method while
allowing relief from the requirement if:
16
It would be contrary to the intent and purpose of the applicable
zone district;
It would be contrary to the goals of the applicable elements of the
Vail Comprehensive Plan and the Town's development objectives;
or
There are unique conditions or circumstances that exist on the site
or structure.
Codifying this specific on-site requirement creates a clear understanding
for developers of the Town's goals and expectations related to employee
housing mitigation. This specific requirement is also the most effective
and efficient means available to the Town to achieve its stated goal of
creating on-site employee housing mitigation units.
Based upon Staff's analysis comparing the various available mitigation
methods (see Attachment B), it does not appear that "weighting" the
various methods can effectively ensure developer will choose to construct
on-site units as desired by the Town. Given the assumptions in the
analysis, off-site mitigation would need to be weighted by increasing the
mitigation rate to more than 100% of the net new employees to effectively
incentivise developers to construct on-site units. Such a requirement
would be considered illegal, since mitigation can not be required for more
than any net new impact. Additionally, a solely incentive based regulation
would not provide developers with clear expectations related to employee
housing mitigation requirements.
To address the Commission's request for flexibility, a finding is proposed
to provide a developer relief from the on-site unit mitigation requirement.
• That the method of mitigation proposed better achieves the intent
of this Chapter than the on-site mitigation method.
Current employee housing regulations include two substantial bonuses to
developers for constructing on-site EHUs:
EHUs are excluded from the calculation of density (i.e. the
maximum allowable number of units per acre)
EHUs are excluded from the calculation of GRFA (i.e. the
maximum allowable floor area)
The Commission has requested additional incentives be provided
including: building bulk/mass incentives (i.e. increase in building height)
reductions in setbacks, increases in site coverage, etc. will conflict with
the Town's adopted master plans and the purposes of many zone
districts.
Staff believes allowing variations to the Town's adopted parking
.standards for on-site EHUs will create substantial incentives for
developers to provide on-site employee housing units. A reduction in the
17
required parking for an on-site EHU is also consistent with the
recommendations of the Lionshead Redevelopment Master Plan.
The following is a list of additional incentive options for consideration;
however, Staff does not believe any of these options will have a
significant affect upon a developer's decision to construct on-site EHUs.
• Waivers of building permit fees related to on-site employee
housing units. .
• Rebate of the Construction Use Tax related to the construction of
on-site employee housing units.
• Rebate of Planning Fees related to a development project that
provides on-site employee housing units.
• Waivers of the Recreation Fees related to on-site employee
housing units.
• Waivers of the Traffic Impact Fees generated by the on-site
employee housing units.
Staff believes the proposed text amendments would better implement and
better achieve the following adopted goals, objectives and policies of the
Vail Land Use Plan:
"5.1 Additional residential growth should continue to occur
primarily in existing, platted areas and as appropriate in new areas
where high hazards do not exist.
5.3 Affordable employee housing should be made available
through private efforts, assisted by limited incentives, provided by
the Town of Vail, with appropriate restrictions.
5.4 Residential growth should keep pace with the market place
demands for a full range of housing types.
5.5 The existing employee housing base should be preserved and
upgraded. Additional employee housing needs should be
accommodated at varied sites throughout the community."
Staff believes the proposed text amendments would better implement and
better achieve the following adopted goals, objectives and policies of the
Vail Village Master Plan:
"Goal #2: To foster a strong tourist industry and promote year-
around economic health and viability for the village and for the
community as a whole. "
'26 Objective:
Encourage the development of affordable housing units
through the efforts of the private sector.
18
2.6.1 Policy.
Employee housing, units may be required as part of any
new or redevelopment project requesting density over that
allowed by existing zoning.
2.6.2 Policy.
Employee housing, shall be developed with appropriate
restrictions so as to insure their availability and affordability
to the local work force.
2.6.3 Policy.
The Town of Vail may facilitate in the development of
affordable housing by providing limited assistance."
Staff believes the proposed text amendments would better implement and
better achieve the following adopted goals, objectives and policies of the
Lionshead Redevelopment Master Plan:
"4.1 Housing
Recent community surveys and grass-roots planning efforts such
as Vail Tomorrow have identified the lack of locals housing as the
most critical issue facing the Vail community.
4.8.4 Parking for Employee Housing
The unit-to-parking space ratio for employee housing should be
reduced to maximize the housing opportunities in west Lionshead.
During the master planning process, the Vail Town Council toured
several employee housing complexes in Keystone Resort that
averaged .25 cars per bed (one parking space per four-bed unit).
Most of these complexes at Keystone are removed from the core
and depend on a bus transit system to carry employees to and
from work. Yet, Keystone property managers have not observed
a parking shortage. Likewise, at the Rivers Edge employee
housing project in Avon, a parking ratio of .75 cars per bed has
been more than adequate and the parking lot is underutilized.
4.9.3 Policy Based Housing Opportunities
The first means of implementing housing goals in Lionshead is
through policy based requirements such as the employee
generation ordinance currently being pursued by the Vail Town
Council. As required by a future ordinance, all development and
redevelopment projects, as a prerequisite to project approval,
should provide housing for employees generated and to the extent
possible this housing should be located in the Lionshead area."
Staff believes the proposed text amendments would better implement and
better achieve the following adopted goals, objectives and policies of the
Vail 20/20 Strategic Plan:
19
"Land Use Goal #4: Provide for enough deed-restricted housing
for at least 30 percent of the workforce through policies,
regulations and publicly initiated development.
Actions/Strategies
• Update housing regulations to include more zone districts
that are required to provide employee housing.
• Redevelop Timber Ridge to increase number of employee
beds.
• Use employee housing fund for buy-downs and other
programs that will increase the number of employees living
within the town.
• Address the zoning regulations to provide more incentives
for developers to build employee housing units. "
"Housing Goal. The Town of Vail recognizes the need for housing
as infrastructure that promotes community, reduces transit needs
and keeps more employees living in the town, and will provide for
enough deed-restricted housing for at least 30 percent of the
workforce through policies, regulations and publicly initiated
development.
Actions/Strategies:
• Research and propose next steps for strengthening the
town's inclusionary zoning and commercial linkage
policies, including requirements for more zone districts. "
Staff believes the proposed text amendments would better implement and
better achieve the following adopted goals, objectives and policies of the
Eagle County Housing Needs Assessment:
"Develop county-wide commercial linkage and inclusionary zoning
programs. Requiring employers to provide housing for employees
is supported by nearly 70% of the county's residents. Well over
half support requiring that a percentage of all new homes be
designated for employee housing.
Develop affordable housing throughout the county except for
seasonal workers, whose housing should be concentrated in Vail."
3. The extent to which the text amendment demonstrates how
conditions have substantially changed since the adoption of the
subject regulation and how the existing regulation is no longer
appropriate or is inapplicable; and
Staff believes the proposed text amendments are a response to the
actual implementation of new regulations adopted in April, 2007. These
regulations allow developers full discretion to choose which existing
employee housing mitigation works best to their advantage. However,
the results of these existing regulations are not achieving the Town's
20
stated goals and priorities of creating additional on-site units. A system of
incentives, or disincentives, has been created to encourage the
construction of more on-site units. This approach further complicates the
Commercial Linkage and Inclusionary Zoning regulations and still does
not ensure the community will achieve its housing goals. Therefore, the
Housing Authority's recommendation that half the employee housing
mitigation requirement be provided on-site has been incorporated into the
draft Ordinance.
Staff believes the proposed text amendments are necessary to more
clearly state the community's goal of creating on-site employee housing
and are necessary to achieve this goal in a simple and direct manner.
4. The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use regulations
consistent with municipal development objectives.
Employee Housing Units are allowed in 23 of the Town's 26 zone
districts. They are only prohibited in Heavy Service (the three existing
gas station sites) and two of the open space districts (Natural Area
Preservation District and Outdoor Recreation District). As.permitted or
conditional uses, the construction of Employee Housing Units in these 23
zone districts is encouraged and is inherently consistent with the Town's
development objectives.
As described in criteria #1 and #2 above; employee housing requirements
in general and employee housing regulations specifically related to on-
site units are consistent with the goals and objectives of the Town's
Zoning Regulations, Land Use Plan, Vail. Village Master Plan, Lionshead
Redevelopment Master Plan, 20/20 Strategic Plan, and the Eagle County
Housing Needs Assessment.
Staff believes the proposed text amendments will continue to facilitate
and provide a harmonious, convenient, workable relationship among land
use regulations that are consistent with the Town of Vail master plans and
development objectives.
5: Such other factors and criteria the Commission and/or Council
deem applicable to the proposed text amendment.
Staff has modified the draft Ordinance since the Commission's last public
hearing on February 25, 2008, to reflect input from the Housing Authority,
the Commission, and Staff.
21
VII. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission forwards a recommendation of approval of the text
amendments outlined in the attached Draft Ordinance No. 1, Series of 2008.
Should the Planning and Environmental Commission choose to recommend
approval of this request; Staff recommends the Commission pass the following
motion:
"The Planning and Environmental Commission forwards a
recommendation of approval of prescribed regulation amendments to
Chapters 12-13, Employee housing, 12-23, Commercial Linkage and 12-
24, Inclusionary Zoning, Vail Town Code, to establish standards and
criteria related to mitigating employee housing requirements, and setting
forth details in regard thereto."
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed text
amendment, the Community Development Department recommends the
Commission makes the following findings:
"Based upon the review of the criteria outlined in Section Vl of Staffs
March 10, 2008, memorandum and the evidence and testimony
presented, the Planning and Environmental Commission finds:
1. That the amendment is consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development
objectives of the Town; and
2. That the amendment furthers the general and specific purposes of the
Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town
Code; and
3. That the amendment promotes the health, safety, morals, and general
welfare of the Town and promotes the coordinated and harmonious
development of the Town in a manner that conserves and enhances
its natural environment and its established character as a resort and
residential community of the highest quality."
VIII. ATTACHMENTS
A. Draft. Ordinance No. 1, Series of 2008
B. Mitigation Methods Analysis
22
Vail Town Council Attachment: E
DRAFT
Planning and Environmental Commission Public Hearing Minutes (excerpt)
March 10, 2008
3. A request for a final recommendation to the Vail Town Council, pursuant to Section
12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to
Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town
Code, to establish standards and criteria related to mitigating employee housing
requirements, and setting forth details in regard thereto. (PEC070075)
Applicant: Town of Vail
Staff/Planner: Nina Timm and Bill Gibson
ACTION: Approve
MOTION: Kjesbo SECOND: Kurz VOTE: 4-3-0 (Gunion,
Proper, Viele Opposed)
CONDITION(S):
Bill Gibson made an introduction to Staff's memorandum, the proposed
recommendations, and the draft ordinance.
Nina Timm, Housing Coordinator, made'a detailed presentation based upon Staff's
memorandum. She described the direction given by the Commission to included
"weighted" mitigation methods to incent on-site employee housing mitigation. She
also described Staff's response to that direction and the recommendation of the Vail
Local Housing Authority.
Commissioner Gunion asked for clarification whether off-site units must be located
within the Town of Vail.
Nina Timm responded that all off-site units.must be located within the Town of Vail.
Commissioner Viele asked for clarification regarding the changes (percentage
increase) being proposed for Commercial Linkage mitigation amount. He specifically
asked if the change was equal to 2.5 times today's mitigation. He asked for
clarification regarding the increases to Inclusionary Zoning mitigation amounts in
regards to the proposed "weighted" mitigation methods.
Nina Timm and Bill Gibson stated a 15% increase is proposed, over today's
standard. They clarified that this equates to a total increase of 150% for fee-in-lieu
under inclusionary zoning regulations.
Commissioner Tjossem asked for clarification regarding the Commission's discretion
regarding site specific housing mitigation plans, inclusive of off-site vs. on-sight
mitigation methods that might be brought forward in the future.
Nina Timm clarified the Commission would have the discretion to act on a case by
case basis and make recommendations to the Town Council.
Dominic Mauriello spoke to the proposed regulations. He expressed concerns that
the proposed amendments are a "major re-write" of the legislation adopted in 2007
when the amendments were being presented as "minor revisions". He expressed
concern regarding the original nexus study and the premise that mitigation rates
proposed in the draft regulations were established on specific generation rates
supported by the nexus study. He stated the proposed regulation will
disproportionately establish a mitigation rate for Inclusionary zoning twice what was
originally established by the nexus study.
He urged the Commission to table the application, so the Town Council can not take
action on the request. He encouraged additional public outreach, to allow ample
time to further study the proposed revisions.
He expressed concern that the pay-in-lieu fee increase is actually 250%; not 150%
as reported by Staff. He continued by reiterating his concern regarding the
magnitude of change to the required mitigation. He stated support for deed
restricting off-site units (existing) within the Town, as a cost-effective alternative to
regulating the provision of costly on-site mitigation. He stated that the goal should be
"heads in beds", not that all mitigation options should be equally painful to
developers. He voiced, concern that the proposed weighted mitigation methods
would by default require 100% on-site housing.
He stated that the regulation language will preclude the Commission from using
discretion in evaluating a housing plan against the criteria proposed and that the
Staff and Commission should consider including language that excludes not-for-profit
employers from the regulations. He presented the Commission with a letter from the
Vail Valley Medical Center.
Finally, he stated there are no carrots (incentives) and are only sticks.
Commissioner Gunion asked Staff to clarify ".11" as an employee generation rate
related to residential development and Inclusionary Zoning.
Nina Timm clarified.
Commissioner Pierce noted the Commission did not agree with the Town Council
when Inclusionary Zoning was not based upon the same nexus study as Commercial
Linkage.
Nina Timm noted that the adopted Inclusionary Zoning requirements were based
upon the nexus, plus the secondary impacts of residential development.
Jim Lamont, Vail. Homeowners Association, asked for clarification on the proposed
regulations, Appendix B. He then asked for clarification regarding provisions to allow
for variances to the parking standards as an incentive to facilitate the provision of
employee housing on-site.
Nina Timm explained Staff did revise the language to allow the Commission the
discretion to allow variances to parking standards in order to facilitate on-site
mitigation
2
Jim Lamont expressed concern regarding the Town's authority to preclude a
developer's ability to provide housing mitigation outside the Town, while the Town
has the ability to provide housing for its own employees outside of the Town. The
Town will then have the ability to deny private industry to the same benefit that the
Town enjoys. He believes this is a restraint of trade issue.
Staff clarified payment-in-lieu as a mitigation method allows the Town Council, with
recommendation from the Housing Authority, to determine where to spend any fees
paid.
Commissioner Kjesbo questioned Dominic Mauriello's statements regarding the
costs to provide on-site housing.
Dominic Mauriello reiterated his concern that the regulations, as proposed, were a
"stick", not a "carrot". He continued, stating under the proposed regulation, there will
be no cost effective means to deviate from providing housing on-site within a given
development site.
Commissioner Kjesbo noted that the Lionshead Redevelopment Master Plan
recommends EHLIs be provided on-site.
-Commissioner Proper stated he believed the Staff did not adhere to the direction
given by the Commission to provide a framework for evaluating housing plans
according to criteria and instead has fundmentally re-written the existing legislation.
Commissioner Tjossem expressed concern the Staff has presented a regulation that
will make the process (to evaluate housing mitigation plans) more difficult to
administer. She stated that the mitigation methods should be pain-free, not equally
painful.
Commissioner Proper expressed his concern regarding the effect that the proposed
regulation will create.
Commissioner Viele stated he believes that the proposed regulation will be
challenged in court and that the regulations are fundamentally a growth control
mechanisms. He agrees with Mr. Mauriello's statements and suggested that the
core issue is growth control via taxation on developers.
He stated the issue is not about employee housing, but is rather about a tax deferred
subsidy to employees. He continued by stating the more Inclusionary Zoning that is
required for a particular development project, the higher the price of free-market
housing needed to make up the amount of subsidy provided by the developer. He
estimated that the current subsidy (burden) to developers in the Town of Vail is 15%
- 20%. He agrees that the proposed regulation is a complete re-write of existing
legislation without input form citizens.
He expressed his extreme displeasure with the Staff's recommendations. He stated
he does not believe Staff has conducted enough due diligence with regard to public
outreach, interviewing the development community and analyzing the economic
impacts of the proposed regulation. He believes the work presented has been "done
3
in a back room" and that the proposed regulation should be opened up for public
review - that the public notice requirements have been inadequate and have failed.
Commissioner Tjossem asked if a work session with Town Council will be possible.
George Ruther stated a work session is appropriate and that Staff would work to
schedule such work session on March 18, 2008. He continued, urging the
Commission to take action to forward a recommendation of approval, approval with
conditions or denial of the application to the Vail Town Council. He cited Staff's
record of appearing before the Commission numerous times to address. the
Commission's concerns and requests and to put forth revisions addressing those
concerns.
Commissioner Kurz stated he believes Staff has presented exactly what the
Commission had asked for previously. Additionally, this is a community based
recommendation. He urged his fellow Commissioners to act on the application, not
to table.
Commissioner Proper disagreed with Commissioner Kurz, stating he believes that
Town Staff has taken it upon themselves to re-write the regulation.
Commissioner Viele agreed.
Chairman Pierce did acknowledge the public should be involved in such revisions to
a "major piece of legislation", however he also expressed comfort with the
Commission's charge to act on such applications given adequate public notice and
that the Town Council will ultimately decide on the matter, as a community issue.
Commissioner Viele stated he agrees that employee housing is a community issue.
Commissioner Gunion stated the Inclusionary Zoning regulation should be tied to the
nexus study. She expressed concern regarding the proposed mitigation rates in
relation to the original nexus study; that the proposed numbers are disproportionate
to the mitigation required of new residential developments to "make up for the sins of
our fathers". She clarified the proposed regulation (and numbers/facts provided) will
not achieve the original goal by the Commission to clarify the criteria for evaluating
housing mitigation plans. She further expressed support for allowing' developers to
provide housing outside the Town of Vail. The focus of any qualitative changes to
the regulation should aim to ensure that housing is provided no matter where or how
much it costs.
Commissioner Kurz expressed concern regarding the convoluted nature of the
discussions that have transpired. He reminded the Commission that the developers
who have spoken asked for clear expectations and stated "if I know the
requirements, I can solve for them." He expressed concern regarding the proposed
numbers (mitigation rates) presented, yet reiterated his request for the Chairman to
call the vote.
Commissioner Kjesbo clarified that the Commission did ask for "the numbers" of how
mitigation rates would impact a given development. He expressed concern that
unless the regulation is written correctly, no on-site housing (mitigation) will occur in
4
the future and the Town will be left with a further deficit of employee housing within
the Town. He expressed support to further incentivize on-site mitigation methods.
Commissioner Viele asked Staff for clarification regarding the Housing Authority's
recommendations.
Nina Timm clarified the recommendations of the Authority. She stated the
Authority's recommendations were to keep all methods of mitigation rates the same,
but to require at least half of the requisite mitigation on-site.
Chairman Pierce clarified the analysis provided to the Commission by Dominic
Mauriello, stating that the analysis presented used different factors than are used in
the existing Town of Vail nexus study an ordinances; that his analysis was
essentially comparing "apples to oranges".
Jim Lamont reiterated his concern regarding the proposed incentives to allow
discretion (variances) in the number of parking spaces to be provided in new
developments. He also expressed concern and asked for clarification regarding the
possible reduction in required (minimum) square footage required per employee
(bed) from 250 to 350 square feet as it related to the Timber Ridge redevelopment
proposal by Lincoln Property Company.
Dominic Mauriello suggested that language within the proposed regulation should be
revised to clearly state "50% of required mitigation has to be mitigated on site"; "the
remaining 50% is (expressly) at the discretion of the developer to provide - either
within or outside the Town".
Chairman Pierce reiterated the goals of the regulations have been to ensure and
encourage housing the Town's workforce within the Town.
Nina Timm reminded the Commission that an express goal of the Town is to ensure
that 30% of employee housing is provided within the Town of Vail.
George Ruher.requested the Commission take action to forward a recommendation
for approval, approval with conditions, or denial of the application to the Vail Town
Council. He offered to schedule a work session between the Planning and
Environmental Commission and the Council on March 18, 2008.
Commissioner Proper stated he feels the existing legislation is relatively untested
and that changing the regulations is pre-mature. He feels the proposed 50%
requirement for on-site units is unjustified.
Commissioner Kurz asked for clarification from Staff regarding establishing a 50%
goal or mitigation rate.
Nina Timm reported that Staff had discussed the proposed figure (50%) and did
certain feasibility analyses, applying a 50% mitigation rate to existing projects such
as Arrabelle to "test" the figure. She reiterated the Housing Authority had reviewed
the proposed regulation and had rendered recommendations. '
5
Commissioner Proper questioned Staff further regarding the actual source of Staff's
recommended figure of 50%.
Dominic Mauriello stated that he did his own investigation, speaking to the same
developers, employers and or employees that Staff interviewed. He disagrees with
Staff's estimates on the number of employees to be generated by a given employer.
He feels that Staff's proposed numbers (employee generation rates) are not
accurate.
Chairman Pierce called for the Commission to vote on the application as presented.
Commissioner Kjesbo made a motion to approve the regulation, with the following
changes that at least half the mitigation be met with on-site units with discretion
given to developer to use any of the methods for the remainder.
Commissioner Kurz seconded the motion and asked for clarification regarding the
motion to revise the existing regulation to require 50% of the required mitigation on-
site, and to allow 50% of the required mitigation to be provided off-site. Specifically,
he asked if Commissioner Kjesbo intended to limit the 50% off-site mitigation to
those areas within the Town boundaries.
Commissioner Kjesbo affirmed that any off-site mitigation should be provided within
the Town's boundaries.
George Ruther reviewed the changes proposed by the Commission and clarified,
from Staff's perspective that the only proposed amendment to the existing
regulations was to further regulate that 50% of any required mitigation be provided
on site; that no criteria (as previously asked for by the Commission) are being
proposed or acted upon at this time.
Commissioner Proper stated that the motion was ridiculous.
Commissioner Viele stated that the motion was arbitrary and presupposes the
Town's knowledge. The proposal is onerous and unacceptable.
Bill Gibson asked the Commission for clarification regarding proposed revisions
made: on Page 47, Commercial Linkage - strikeout language regarding the weighted
methods of mitigation. The examples will be modified to reflect the proposed
changes.
He also confirmed that the Commission supported the remaining "clean-up"
amendments to the Town Code,
Dominic Mauriello suggested changes to square footage requirements for Type III
EHUs.
Bill Gibson clarified that no changes were necessary for Type III EHUs, since new
Type VII EHUs were being created to explicitly address Inclusionary Zoning and
Commercial Linkage.
6
Commissioner Viele stated that the record should show that the reason any
modification was made was due to the fact that the Commission found the proposal
to be unacceptable; amendments to ensure that 50% of mitigation was provided on-
site were included in the motion as a compromise to keep the regulation (review)
moving forward.
7
Appeal for Rucksack Condominimums (aka.
Bridge Street Building) -Major Exterior
Alteration (PEC070076/DRB070709) to be
tabled to the regular meeting of April 1, 2008 at
the request of the Appellant.
First Reading of Ordinance No. 5, Series of
2008, an ordinance approving a major
amendment to Special Development District No.
4, Cascade Village, to allow for the development
of the Cornerstone Site (PEC070055), to be
tabled to the regular meeting of April 1, 2008 at
the request of the applicant.
Y
MEMORANDUM
TO: Town Council
FROM: Community Development Department
DATE: March 18, 2008
SUBJECT: Ordinance No. 4, Series of 2008, an ordinance amending Section
12-14-20, Commercial Core Construction, Vail Town Code, to
allow for the extension of the commercial core temporary
construction signage for businesses and setting forth details in
regard thereto.
Applicant: Town of Vail
Planner: Bill Gibson
DESCRIPTION OF THE REQUEST
The applicant, Town of Vail, is requesting a second reading of Ordinance No. 4,
Series of 2008, for proposed text amendments to Section 12-14-20, Commercial
Core Construction, Vail Town Code, to allow for the extension of the commercial
core temporary construction signage for businesses and setting forth details in
regard thereto.
BACKGROUND
On May 3, 2005, the Town Council adopted Section 12-14-20, Commercial Core
Construction, Vail Town Code, through Ordinance No. 10, Series of 2005. These
regulations facilitated the installation of temporary construction mitigation signs
and fencing within the Town's commercial areas to lessen the impact of
redevelopment construction on the Town's businesses, residents, and guests.
These regulations are scheduled to expire on April 1, 2008.
On February 25, 2008, the Planning and Environmental Commission voted 7-0-0
to forward a recommendation of approval for text amendments to extend the
approval of the Commercial Core Construction regulations until 2010.
On March 4, 2008, the Town Council approved Ordinance No. 4, Series of 2008,
on first reading by a vote of 6-0-0.
CRITERIA FOR REVIEW
The criteria outlined in Section V of Staff's February 25, 2008, memorandum to
the Planning and Environmental Commission shall be used as the principal
criteria in evaluating the merits of the proposed special development district.
IV.
STAFF RECOMMENDATION
The Community Development Department recommends the Town Council
approves Ordinance No. 4, Series of 2008, on second reading to amend Section
12-14-20, Commercial Core Construction, Vail Town Code, to allow for the
extension of the commercial core temporary construction signage for businesses
and setting forth details in regard thereto.
Should the Town Council choose to approve these text amendments, the
Community Development Department recommends the Town Council pass the
following motion:
"The Town Council approves, on second reading, Ordinance No. 4,
Series of 2008, an ordinance amending Section 12-14-20, Commercial
Core Construction, Vail Town Code, to allow for the extension of the
commercial core temporary construction signage for businesses and
setting forth details in regard thereto."
Should the Town Council choose to approve Ordinance No. 4, Series of 2008, on
first reading, the Community Development Department recommends the Town
Council makes the following findings:
"1. That the amendments are consistent with the applicable elements of
the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development
objectives of the Town, based upon Section V of the Staff
memorandum dated February 25, 2008, and the evidence and
testimony presented; and,
2. That the amendments further the general and specific purposes of
Zoning Regulations, based upon Section V of the Staff memorandum
dated February 25, 2008, and the evidence and testimony presented;
and,
3. That the amendments promote the health, safety, morals, and general
welfare of the Town and promote the coordinated and harmonious
development of the Town in a manner that conserves and enhances
its natural environment and its established character as a resort and
residential community of the highest quality, based upon Section V of
the Staff memorandum dated February 25, 2008, and the evidence
and testimony presented. "
V
ATTACHMENTS
Attachment A: Ordinance No. 4, Series of 2008
2
I
Attachment A
ORDINANCE NO. 4
SERIES OF 2008
AN ORDINANCE AMENDING SECTION 12-14-20, COMMERCIAL CORE
CONSTRUCTION, VAIL TOWN CODE, TO ALLOW FOR THE EXTENSION OF THE
COMMERCIAL CORE TEMPORARY CONSTRUCTION SIGNAGE FOR BUSINESSES
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, significant redevelopment construction is proposed and already
occurring within the Town of Vail has many physical and economic impacts on the
Town's businesses, guests and residents; and,
WHEREAS, the Town Council wishes to minimize the negative impacts of this
unprecedented volume of construction activities on the Town's businesses, guests and
residents; and,
WHEREAS, on February 25, 2008, the Planning and Environmental Commission
of the Town of Vail held a public hearing and reviewed and forwarded a recommendation
of approval for the proposed text amendments to the Zoning Regulations to the Vail
Town Council in accordance with the procedures and criteria and findings outlined in
Chapter 12-3 of the Zoning Regulations of the Town of Vail; and,
WHEREAS, the Town Council finds and determines that the amendments are
consistent with the applicable elements of the adopted goals, objectives and policies
outlined in the Vail Comprehensive Plan and is compatible with the development
objectives of the Town, based upon Section V of the Staff memorandum to the Planning
and Environmental Commission dated February 25, 2008, and the evidence and
testimony presented; and,
WHEREAS, the Town Council finds and determines that the amendments further
the general and specific purposes of the Zoning Regulations, based upon Section V of
the Staff memorandum to the Planning and Environmental Commission dated February
25, 2008, and the evidence and testimony presented; and,
WHEREAS, the Town Council finds and determines that the amendments
promote the health, safety, morals, and general welfare of the Town and promote the
coordinated and harmonious development of the Town in a manner that conserves and
enhances its natural environment and its established character as a resort and
residential community of the highest quality, based upon Section V of the Staff
memorandum dated February 25, 2008; and,
WHEREAS, the Town Council finds and determines that the public health, safety,
and welfare will be served by these adopting regulations, based upon Section V of the
Staff memorandum to the Planning and Environmental Commission dated February 25,
2008, and the evidence and testimony presented.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
3
Section 1.
Subsection 12-14-20C, the Vail Town Code is hereby amended as follows (text to
be deleted is in , text that is to be added is bold, sections of text that are
not amended have been omitted.)
C. Termination of Section: The authority granted pursuant to this section shall
terminate on April 1, 2-W8 2010, unless sooner extended or terminated by
separate ordinance of the council.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. 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 4. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND
ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of March,
2008, and a public hearing for second reading of this Ordinance set for the 18th day of
March, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Richard D. Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 18th day of March, 2008.
Richard D. Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
5
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I= ox MEMORANDUM
TO: Town Council
FROM: Matt Mire, Town Attorney
DATE: March 13, 2008
SUBJECT: Timber Ridge Redevelopment Proposal dated January 15, 2008
Attached for your consideration on Tuesday evening is a document entitled "TIMBER RIDGE
OPEN HOSPITALITY AND LINCOLN PROPERTY COMPANY SOUTHWEST POSITION ON
ISSUES RAISED BY THE TOWN OF VAIL REGARDING THE PROPOSED LETTER OF
INTENT DATED JANUARY 15,2008."
1
TIMBER RIDGE
OPEN HOSPITALITY AND LINCOLN PROPERTY COMPANY SOUTHWEST
POSITION ON ISSUES RAISED BY THE TOWN OF VAIL REGARDING THE
PROPOSED LETTER OF INTENT DATED JANUARY 15, 2008
1. Ownership Structure/Upside Participation
To avoid the Colorado Constitution's prohibition on municipalities
entering into joint ventures and partnerships with private entities, the proposal is that the
Town of Vail will have an upside participation as part of the consideration for the sale of
the 6.2 acres. If the redeveloped Timber Ridge is sold, the Town of Vail will participate
and receive five percent (5%) on the amount the developer/investor receives above a
thirty percent (30%) IRR. Said IR.R will be calculated on a formula that the
developer/investor will capitalize the project on seventy-five percent (75%) debt, twenty-
five percent (25%) equity basis. The Town of Vail shall not be entitled to have or
exercise any control over the development or any sale of the development, except that
which it has by virtue of its regulatory and approval authority.
2. Form of Agreement
Town.
The form of agreement will be a development agreement, as requested by the
3. Earnest Monev
Upon execution of the development agreement, Developer will deposit seventy
five thousand dollars ($75,000) with the title company. This deposit is refundable if
Developer does not proceed at the expiration of the Feasibility Period. If, at the
expiration of the Feasibility Period, Developer decides to continue with the transaction, it
will deposit or cause to be deposited an additional seventy five thousand dollars
($75,000) with the title company. The earnest money deposit will be credited against the
purchase price at closing. If the Town of Vail does not approve all needed entitlements,
plans and permits, all of the earnest money will be refunded.
4. Seauence of Closina
The Developer agrees to close within 30 days 1) after the property has been
rezoned to an acceptable zoning in Buyer's sole discretion, 2) after any other needed
entitlements, building permit or permits and any other approvals to develop the project as
designed are received which are acceptable to the Developer, and 3) after all of the
existing units have been vacated or April 1, 2009.
.
E0E.OvW\
MAR 13
SOS
5. Interior Design / Unit configuration
The current plan is to build approximately 316 units on approximately 6.5 acres.
Developer and the Town have agreed on a minimum of 250 square feet per employee bed
in each unit. Additionally, Developer will study the mix of unit types to determine the
economic viability of the creating unit types beyond the 4 bedrooms, two bathroom units
(dorm style) currently designed.
6. Feasibilitv Period
The Feasibility Period, including the due diligence period, will be one hundred
eighty (180) days from the execution of the development agreement or receipt of the
documents to be provided by the Town, whichever is later. Developer will provide the
Town Council and Town Staff monthly,updates during this period so that progress can be
monitored.
7. Content of the Deed Restriction & Assignability
The language of the deed restriction shall be that in the Town's ordinance related
to workforce housing, except that the definition of "employee housing unit" in Section
12-2-2 of the Town Code should permit employees who work seasonally and not year
round. Pursuant to the March 4, 2008 council meeting, Developer shall be entitled to
have twenty-five percent (25%) of the total beds be market-rate rental units or for sales
condos. If Developer elects to sell any as condos, said purchaser can apply the deed
restriction to any required pillow that purchaser may require pursuant to the Towns
inclusionary zoning laws. Six hundred of the beds are deemed to be replacement units
for existing workforce beds at Timber Ridge. All other units will be counted as new
workforce deed restricted units.
8. Pro Forma Dates
Commencement of construction would be April 2009 and completion of
construction is scheduled for January 2011. Developer is scheduled to begin delivering
units beginning in July, 2010 and therefore a large percentage of the units should be
available for work force housing prior to the opening of the 2010 / 2011 ski season.
9. Exemption from Sales and Use Tax
Developer is requesting that the construction and furnishing of the project would
be exempt from sales and use tax.
10. Purchase vs. Lease
As previously discussed, Developer is only interested in a purchase of the
property.
2
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11. Phasing
Developer recognizes that phasing is a critical issue. Enabling as many units to
remain open during the development is essential to the Town and to Vail Resorts. Upon
approval from the Town to move forward on this project, Developer will immediately
begin working with the Town Staff to insure the most expeditious and least disruptive
phasing process.
13. Rent Increases
Developer does not want to put a cap on annual rental incomes for the following
reasons.
The Town of Vail will be a profit participant. In the event of a sale, the
Town will participate and receive five percent (5%) on the amount the
Developer / Investor receives above a thirty percent (30%) IRR. The
IRR will be calculated on a formula that the Developer / Investor will
capitalize the project on seventy-five percent (75%) debt, twenty-five
(25%) equity basis.
2. The project will be 100% deed restricted workforce housing subject to
Paragraph 7. The Deed Restriction provides the Town with its goal of
work force housing.
3. Developer will attempt to have approximately 70% of this project
master leased to major employers. These master leases will already
have annual rental increase caps. The potential upside is in the .
remaining 30%. Developer is responsible for all of the downside risk
(construction risk, financing risk, lease up risk, personal guarantee's,
etc, etc). Our financial partner is not willing to accept all the downside
risk with a cap on any of the upside.
14. Guarantee's
Developer will provide a Completion Guarantee to its Senior Lender.
3
L.35 a";.1$ -o?-
TOWN OF PAIL
Office of the Mayor
75 South Frontage Road
Vail, Colorado 81657
970-479-2106
Fax: 970-479-2157
www.vailgov.com
Mr. Arn Menconi, Chairman
Mr. Peter Runyon
Ms. Sara Fisher
Eagle County Board of Commissioners
P.O. Box 850
Eagle, Colorado 81631-0850
Dear Board of Commissioners,
March 18, 2008
On behalf of the citizens of Vail and the Vail Town Council, I am writing to express the belief that any renaming
of the airport must include the name Vail. To do anything less risks the strides made in past years to make the
airport an important part of Colorado's transportation system.
For years, travelers have believed they were flying into the Vail Airport. The travel industry has not corrected
this. Even the airlines do not use the official name of the airport, but show on the departing screens in originating
airports that the flights are to Vail, Colorado.
There is an opportunity to leverage the cache of the Vail brand by using it in the new airport name to create a
sense of place and eliminate the confusion that has existed for years among travelers to our area. Most of our
guests will tell their friends and family that they visited Vail, whether they stayed in Vail, Beaver Creek, Avon,
Minturn, etc, on their trip to Eagle County. Vail is a highly recognized brand with our ever-increasing
international guests as well.
Additionally, with the dollars being spent by Vail Resorts to market the Vail brand domestically and
internationally, we feel it would be a missed opportunity to name the airport any name that doesn't include Vail:
The airport is currently identified as the Vail/Eagle County Regional Airport throughout the airline industry.
Maybe it is time to take advantage of that moniker and officially change the airport to just that. It justly identifies
the contributions the entire community has made toward the airport's growth and success.
In summary, we fully support the use of the Vail name if the airport is to be renamed. We oppose any rename that
does not include Vail, including the Colorado International Airport. Let's not waste past strides we have made in
getting people to recognize that the Eagle County Airport is the gateway to Vail. Let's reinforce it.
Sincerely,
C:ZVAIL
Dick Cleveland
Mayor of Vail
#* RECYCLEDPAPER