HomeMy WebLinkAbout2008-04-15 Support Documentation Town Council Work Session
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VAIL TOWN COUNCIL
WORK SESSiON AGENDA
VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W.
Vail, CO 81657
1:00 P.M., TUESDAY, APRIL 15, 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.
The meeting wifl convene at Town Hall.
1. Nicole Peterson ITEMITOPIC: Site Vi'sit Cascade Village (Chaps Restaurant /
Cornerstone). (30 min.)
2. Pam Brandmeyer ITEMITOPIC: Appointments to the Vail Local Licensing Authority
(LLA) and Vail Local Housing Authority (VLHA) boards. (15 min.)
- ACTION REQUESTED OF COUNCiL:
1) Please interview the Local Licensing Authority (LLA)
applicants to fill two (2)vacancies at the work session and
appoint two peopie to the LLA board at the evening meeting
(two year terms, expire May 31, 2010); and
2) Please interview the Vail Locat Housing Authority (VLHA)
applicant at the work session and appoint one applicant to the
VLHA (term expires May 31, 2013) at the evening meeting
BACKGROUND RATIONALE:
LLA:
All applicants to the LLA must be citizens of the United States,
qualified electors of the Town of Vail, and have resided in the
Town of Vail for not less than two years preceding appaintment, .
and shall have no direct financial interest in any license to sell
alcoholic beverages or any location having any such license.
Duties of the five-member board include review of all Town of Vail
liquor license applications:
There are currently two vacancies on the LLA. The Town
received twa (2) applications for the vacancy. The Council needs
to interview the applicants at the work session and then make the
appointments to the LLA at the evening meeting.
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The applicants are:
Kaye Ferry"
Bob McKown`
"Incumbent board members
I have enclosed an attendance summary for the LLA for your
review.
VLHA:
Appficants must be fuN-time, year-round residents of Eagle County
who either are residents of the Town of Vail or work for a business
holding a Town of Vail business license. Authority members must
have a proven ability to be an effective advocate for a full range of
housing projects and be able to promote a vision for local
employee housing that has been approved of by the majority of
the Authority.
The role of Authority members is to act as Board of Directors for
the business of the Vail Local Housing Authority. The duties may
include Budget Approval, Adopting Policies, Advocacy, Staff
Oversight, Strategic and Long-Term Planning, Setting
Development and Acquisition Parameters and potentially
managing the existing Town of Vai1 deed-restricted housing
inventories.
Technical experience in one of the following areas is also
desirable: Financing of Large Projects, Development,
Construction/Construction Management, Planning, Design, or
Legal. The Town received one application.
The applicant is:
Kim Newbury*
*Incumbent board member
RECOMMENDATION:
Appoint two people to the LLA, and appoint one person to the
VLHA.
3. Warren Campbell ITEM/TOPIC: PEC/DRB Update. (5 min.)
4. Mark Miller ITEMITOPIC: Forest Health Update. (20 min.)
5. ITEMROPIC: Vail Valley Foundation (WF) Update on the
Colorado Stage Bike Race. (15 min.)
6. Nicale Peterson ITEMITOPIC: The applicant, Lionshead Centre Homeowner's
Association, represented by Bill Watts of Watts Development
Company, is requesting direction, with regard to the redevelopment of
the lionshead Centre building, on the degree of compliance expected
with the build-to lines, view corridors, Gore Creek connection and
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transportation recommendations set-forth in the Lionshead
Redevelopment Master Plan. (45 min.)
ACTION REQUESTED OF COUNCIL: Direction from the Council with
regard to the redevelopment of the Lionshead Centre building: What
degree of compliance is expected with the build-to lines, view
corridors, Gore Creek connection and transportation
recommendations set-forth in the Lionshead Redevelopment Master
Plan? •
BACKGROUND RATIONALE: On February 2, 2008, the Town
Council approved the request for permission to proceed through the
development review process with a proposal to make improvements
on town-owned land in conjunction with a proposed redevelopment of
the Lionshead Centre. It is the desire of the applicant to receive
direction from the Town Council regarding a structure designed on
Town-owned land prior to formal design review application.
STAFF RECOMMENDATION: Staff recommends that the Council
supply direction to the applicant prior to final submittal of a
redevelopment application.
7. George Ruther ITEM/TOPIC: Ordinance No. 1, Series of 2008, an ordinance
amending 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.
(30 min.)
ACTION REQUESTED OF CpUNCIL: Hold a work session to
discuss specific topics related to the proposed amendments.
At the evening meeting, approve, approve with conditions, or deny
Ordinance No. 1, Series of 2008, on first reading.
BAC6(GROUND RATIONALE: On March 10, 2008, the Planning
and Environmental Commission voted 43-0 (Gunion, Proper, and
Viele opposed) to forward a recommendation of approval, with •
modifications, for text amendments to establish standards and
criteria related to mitigating employee housing requirements, and
setting forth details in regard thereto.
The Town Council held a work session to discuss the proposed
text amendments on March 24, 2008.
STAFE RECOMMENDATION: Hold a work session to discuss
specific topics related to the proposed amendments.
At the evening meeting, Staff recommends the Town Council
further discusses the proposed amendments and approves
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Ordinance No. 1, Series of 2008, on first reading..
8. ITEM/TOPIC: Information Update. (10 min.)
? Community Picnic
Below are suggested dates and locations for this summer's
upcoming community picnics:
Thursday, June 12 Donovan Pavilion
Thursday, July Bighorn Park (Public Works will suggest
a date at Tuesday's work session)
Thursday, August 14 Ellefson Park
9. ITEMITOPIC: Matters from Mayor & Council. (20 min.)
10. ITEM/TOPIC: Executive Session, pursuant to 1) C.R.S. §24-6-
402(4)(b) - to receive legal advice on specific legal questions. (15 • .
rri in. )
11. ITEMITOPIC: Adjournment. (4:10 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, MAY 6, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS.
MEMORANDUM
TO: Town Council
FROM: Community Development Department
DATE: April 15, 2008
. SUBJECT: A request for a work session to review a major amendment to Special
Development District No. 4, Vail Cascade Subdivision; and to re-establish
the approved development plan for the Cornerstone Site, Area A,
Cascade Village, to allow for the development of a mixed use
development, located at 1276 Westhaven Drive; and setting forth details
in regard thereto. (PEC070055)
Applicant: L-O Westaven, Inc., represented by Pylman and
Associates, Inc.
Planner: Scot Hunn
1. DESCRIPTION OF THE REQUEST
The applicant, L-O Westaven, Inc., represented by Pylman and Associates, Inc.,
is requesting a work session with the Town Council to review a major
amendment to Special Development District No. 4, Vail Cascade, Section 12-9A-
10, Amendment Procedures, Vail Town Code, to allow for certain amendments to
the development standards established for Area A, Cascade Village, and to allow
for the development of the Cornerstone Site.
II. BACKGROUND
The Cornerstone Site is located within Area A, Cascade Village. It is the last
developable parcel within Area A. A development plan for the Cornerstone Site
was approved via Ordinance No. 1, Series of 1993, however development of the
site never materialized due to market conditions.
On January 28, 2008, the Town of Vail Planning and Environmental Commission
held a public hearing on a request for a major amendment to Special
Development District No. 4, Vail Cascade Subdivision to allow for the
development of the Cornerstone Site. Specifically, the applicant had proposed to
revise the following development standards applicable to Area A, Cascade
Village, to facilitate the development of 23 free market condominium units, four
employee housing units, a new ticket office for lift ticket sales operations by Vail
Resorts, Inc., and underground parking:
• Increase the allowable GRFA for Area A from 289,145 sq. ft. to 291,639
sq. ft. (an increase of 2,494 sq. ft.);
• Increase the allowable building height from 71 feet to 91 feet; and
• Revise the required on-site parking in accordance with the current
proposal.
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Upon review of the request and a site specific development plan, the Planning
and Environmental Commission voted 6-0-0 to forward a recommendation of
approval, with conditions, of the request to amend Special Development District
No. 4, Vail Cascade, to the Vail Town Council.
The conditions made part of the Planning and Environmental Commission's
recommendation is as follows:
111. That the Developer receives final review and approval of the proposed
development plan by the Town of Vail Design Review Board, prior to
making an application for the issuance of a building permit..
2. That the Developer shall submit a complete set of civil engineered
drawings of the Approved Development Plans, including but not limited to
the following required off-site improvements:
a. Design and Construct Westhaven Drive entrance improvements
including additional turn lanes and adequate queuing areas, landscaped
and irrigafed medians, (6) sidewalk connections from the proposed skier
portal to the Frontage Road on both sides of Westhaven Drive, a bus
turnaround and bus stop meeting Town of Vail and ECO standards, up to
3 skier drop-off spaces, landscaping and adequate snow storage areas
as approved by the Public Works Department. '
b. Design and Construct a 10' concrete walk along the South Frontage
Road from the western most point of the Cascade Parking/Conference
building to a point in front of the Liftside Condominiums, approximately
680' in length (including crosswalk). The walk shaN be detached
wherever feasib/e and separated by a minimum of a 5' landscaped and
lirrigated buffer.
Such drawings/plans shall be submitted to the Town of Vail Community
Development Department for review and shall receive approval prior to
the Developer making application for the issuance of a building permit.
3. That the Developer shall address and resolve, to the satisfaction of the
Town Engineer, all "Genera/ Conditions of Approval" identified in the
memorandum from the Town Engineer, and addressed to Scot Hunn,
dated January 25, 2008. Item number one listed under "Comments"
within the same memorandum from the Town Engineer shall be struck
from the record for purposes of this approval.
4. That the Developer pays in full, the employee housing mifigation fee of
$306 739 prior to the issuance of a building permit:
5. That the Developer pays in full, the Traffic lmpact Fee of $117, 000 (based
on the 18 nef pm peak hour trips) prior to the issuance of a building
permit. All or a portion of the fee may be offset by specific capacity
improvements including the cost of the design and construction of the left
turn lane on Westhaven Drive.
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6. That fhe Developer prepares a Cornerstone Buildinq Art in Public Rlaces
Plan, for input and comment by the Town of Vail Art in Public Places
Board, prior to the request for a temporary certificate of occupancy. ,
Subject to the above input and comment by the Art in Public Places
Board, the Applicant will work with Town Staff to determine the type and
location of the art to be provided. Said Plan shall include the funding for a
minimum of one (1) public art improvements to be developed in
conjunction with the Cornerstone Building project.
7. That the Developer provides the legally executed and duly recorded Type
lll deed restriction with the Eagle County Clerk & Recorder's Office for the
on-site employee housing unit, and that said unit shall be made available
for occupancy, prior to the issuance of a temporary certificate of
occupancy for the Cornerstone Building project."
Since January 28, 2008, the applicant has met with the Town of Vail Design
Review Board for conceptual review of the proposed plans. The DRB endorsed
the plans conceptually. As well, the applicant has met once with the Art in Public
Places Board and has received feedback on a concept to integrate the "Morales"
sculpture within the plaza level of the development as a public benefit. Other
ideas centered on providing a sculpture within the landscaping within the "Skier
Passage" way leading from Westhaven Drive to the public stair and elevator
access to the chairlift.
On February 19, 2008, the Vail Town Council voted unanimously to table the first
reading of Ordinance No. 5, Series 2008, an ordinance approving a major
amendment to SDD No. 4, to their regular meeting of March 18, 2008, citing
concerns with the proposed development plan and public benefits for the
Cornerstone Site. Specificatly, the Town Council articulated several issues with
the proposed development plan:
• The applicant was directed to revise the plans to ensure that Gross
Residential Floor Area (GRFA) remained within the limitations (289,145
sq. ft.) currently approved for Area A;
• The applicant was directed to revise the plans to Iower the building height
of the West Wing, from 91 feet, to 71 feet, in keeping with previously
approved maximum building heights within Area A; and
• The applicant study the level of proposed public benefits in relation to
deviations requested from certain development standards (GRFA and
height)..
On March 18, 2008, the Vail Town Council voted unanimously to table the first
reading of Ordinance No. 5, Series of 2008, to their regular meeting of April 15,
2008, at the request of the applicant, in order to allow the applicant sufficient time
to adequately address the Town Council's concerns.
In response to the Town Council's concerns, the applicant has studied options to
revise the development plans to address the Town Council's issues and
concerns. Options to be presented at the requested work session, as outlined by
the applicant in a memo to the Vail Town Council dated April 9, 2008, include:
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•Revising the floor plans to eliminate floor area, to bring the proposed
GRFA within the 289,145 square foot limit set by previously approved
ordinances;
• Revising the floor plans to eliminate the on-site Employee Housing Units
(EHUs) from the West Wing and relocating an additional two (2) units
. from the West Wing.to the East Wing (in front of Liftside Condominiums
Building) - these changes will effectively reduce the height of the West
Wing from 91 feet to 71 feet, and will increase the height of the East Wing
from 60 feet to 71 feet; and
• Revising the floor plans to eliminate the on-site Employee Housing Units
(EHUs) from the West Wing, without relocating an additional two (2) units
from the West Wing to the East Wing (in front of Liftside Condominiums
Building) - these changes will effectively reduce the height of the West
Wing from 91 feet to 81 feet, and will allow for the height of the East Wing
to remain at 60 feet.
III. CRITERIA FOR REVIEW
The criteria outlined in Section VIII of the Staff's :January 28, 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. It
shall be the burden of the applicant to demonstrate that the proposed
development plan complies with each of the criteria listed within Section VIII of
the Staff's January 28, 2008, memorandum (Attachment B), or demonstrate that
one or more of them is not applicable, or that a practical solution. consistent with
the public interest has been achieved.
IV. DISCUSSION TOPICS
Building Height
During the public hearing on March 18, 2008, the Town Council expressed
concern with the proposed height of the Cornerstone Building relative to
surrounding structures in Cascade Village, Area A. At that hearing, the Town
Council directed the applicant to lower the height of the proposed building, with a
preference from Council members to maintain the originally approved building
height of 71 feet. In response to this concern, the applicant will be presenting
options demonstrating how a reduction in building height can be achieved and
how such reductions, including relocating and eliminating certain units, will affect
the project design and surrounding properties.
Public Benefits
During the public hearing on March 18, 2008, the Town Council expressed
concern with the public benefits proposed with the Cornerstone development in
relation to requested deviations to previously established development standards
for building height and GRFA. In response to these concerns, the applicant will
be presenting options to revise the development plan - specifically floor plans
for the proposed building - demonstrating how previously requested deviations
can be eliminated from the proposal.
If such revisions (to lower the height of the building within the previously
approved 71 foot height limit and to reduce the GRFA to within the previously
approved maximum of 289,145 sq. ft.), Staff believes the only remaining
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"deviation" or amendment is requested to reduce parking requirements on-site
due to the elimination of essentially all commercial uses on the Corners#one Site.
Employee Housing Units
During the public hearing on March 18, 2008, the Town Council expressed
concern with the proposed employee housing mitigation proposed within the
Cornerstone development. Although the applicant proposed to construct four (4) '
deed restricted employee housing units totaling approximately 3,972 square feet
(993 square feet per two-bedroom unit) in combination with providing a payment-
in-lieu amount of $306,739 to meet mitigation requirements of Chapters 23,
Commercial Linkage, and 24, Inclusionary Zoning, Vail Town Code, the Town
Council directed Staff to research the employee housing requirements for SDD
No. 4, Area A, to ensure that the developer is meeting any previous obligations to
provide adequate housing on-site within Area A, Cascade Village.
Based on Staff's research (Attachment D) of all ordinances related to SDD No. 4,
the following conclusions are pertinent to any further discussion by the Town
Council with regard to EHU requirements for Cascade Village, Area A:
• 5 EHUs are required, in total, for all of Area A;
• 3 EHUs are required on the Cornerstone site;
• 2 EHUs have been provided at the Liftside site;
• Up to 26 EHUs were required at one time at the Westhaven
Condominiums (aka. The "Ruins") site and in 2005, the Vail Town Council
voted to release the developer of the Westhaven Condominiums site from
their obligations to provide the previously required units on-site. Instead,
Ordinance No. 12, Series of 2005, contained a condition wherein the
developer of the Westhaven Condominiums was required to provide the
equivalent of 4,400 square feet of deed restricted employee housing, off-
site. Files for Westhaven Condominiums contain written evidence that
the deVeloper met the requirements of the Vail Town Code by deed
restricting three (3) units within the Town.
Staff believes, based on the above referenced research, the developer's original
proposal to provide on-site employee housing exceeds the previously required
number of employee housing units on the Cornerstone Site by voluntarily
providing four (4) units rather than three (3). Further, Staff believes that previous
actions by the Vail Town Council to amend (reduce) the required number of
employee housing units to be provided at other development sites (Westhaven
Condominiums, Ordinance No. 12, Series of 2005) within Area A, should not
cause the developer of the Cornerstone site to provide mitigation above and
beyond the impact caused by the development of the Cornerstone building. In
other words, Staff is of the opinion a determination was made by a previous
Town Councit that the total number of employee housing units required within
Area A should be reduced in response to redevelopment and changing
conditions - specifically the development of the Westhaven Condominium site,
and the redevelopment of CMC building into mostly residential uses.
The developer's originally proposed development plan, inclusive of four (4) on- site EHUs, meets or exceeds the required on-site and payment-in-lieu mitigation
for the Cornerstone Building, pursuant to the most recent ordinances for SDD •
No. 4(Ordinance No. 31, Series of 2007) and according to Chapters 23,
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Commercial Linkage, and 24, Inclusionary Zoning, Vail Town Code. Specificalljr,
SDD No. 4 requires three EHUs at 600 square feet each (total of 1,800 sq. ft.) to
be provided within the building. The required mitigation for tfie building based on
the current design as well as the requirements of Chapters 23 and 24 (and
assuming elimination or release of any on-site housing requirement via SDD No.
4) would total 4,886.7 square feet, and a payment of $1,156,437.60, as follows:
52,839 sq. ft. GRFA - 3,972 (EHUs provided on-site) = 48,867 sq. ft.
48,867 sq. ft. x 10% mitigation = 4,886.7 sq. ft.
4,866.7 sq. ft x$236.65 = 1,156.437.60
If alternative building designs - eliminating EHUs from the Cornerstone Building
to reduce building height - are endorsed or preferred by the Town Council during
this work session, Staff recommends additional amendments to SDD No. 4 will
be required - to specifically eliminate the requirement to provide EHUs on-site,
and instead to require mitigation of employee housing impacts pursuant to
Chapters 23 and 24, Vail Town Code.
Parking
During the public hearing on March 18, 2008, the Town Council expressed
concern with the proposed on-site parking. During discussion on the matter, the
Council cited concern regarding the amount of vehicles that currently park on the
Frontage Road, despite the fact that paid parking exists within the Cascade
Resort parking structure. Also, there was concern regarding the proposal to
enhance the skier drop-off and portal to the Cascade Village chairlift and the
potential to increase the number of skiers using this drop-off point, thus
exasperating the current parking situation and traffic congestion.
Staff believes the applicant has submitted a development plan that responds first
~ to the needs of the residential development by providing all required parking
spaces on-site, as set forth in the parking requirements for SDD No. 4, and in
accordance with Chapter 12-10, Vail Town Code. In addition, Staff believes that
the previous requirements for short term "public" parking on the Cornerstone Site
related directly to 11,100 square feet of commercial space approved with the
previous development plans for the Cornerstone Site_ Because the current plans
call for only 623 square feet of commercial space for lift ticket office uses, Staff ,
believes that additional parking for public uses should no longer be required for
the Cornerstone Site. Therefore, the applicant is requesting a deviation or
amendment to SDD No. 4, to reduce the total number of spaces required on the
Cornerstone Site from 93 to 56.
Staff is of the understanding from speaking with the property manager of the
Cascade Resort parking structure (a privately owned and operated structure),
that on days when vehicles are parked on the Frontage Road (day skiers), there are typically numerous empty parking spaces available within the structure. After
speaking with the management company representative, Staff speculates that
those individuals choosing to park on the Frontage Road do so, either out of
choice ("free parking") in close proximity to a bus stop, or that those same people
are unaware that paid parking is available at the nearby structure. On June 2,
2007, the Town Council approved parking on the Frontage Road during
' temporary use of the tennis facility for conferences. 6
Although the owner of the parking structure is under no obligation work with the
Town to ensure that parking spaces are filled prior to sending visitors elsewhere
to park, Staff has suggested to the management company that additional signage
may be warranted near the intersection of Westhaven Drive and the Frontage
Road in order to direct visitors (day skiers) to the parking structure. Such
signage could become part of the proposed improvements to Westhaven Drive,
as proposed by the applicant as a public benefit. Staff believes there may be
opportunities to involve the private owner of this parking structure in the overall
parking management plan for the Town, to further mitigate the impacts of parking
on the Frontage Roads in the future.
V. STAFF RECOMMENDATION
Since this is a work session, no action is required by the Council. However, Staff
recommends the Council provide specific feedback and direction to the applicant
and Staff regarding the building design (height), employee housing mitigation,
public benefits and on-site parking.
VI. ATTACHMENTS
A. Staff memorandum to PEC dated January 28, 2008
B. Revised elevation drawings by GPSL Architects
C. Memorandum by Pylman and Associates, Inc.
D. Cascade Village Area A EHU History/Summary by Scot Hunn
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4ttachment A
IUIEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: January 28, 2008
SUBJECT: A request for a final recommendation to the Vail Town Council on a
proposed major amendment to Special Development District No. 4, Vail
Cascade, pursuant to Article 12-9A, Special Development District, Vail
Town Code, to allow for the development of a mixed use project on the
property known as the Cornerstone site, located at 1276 Westhaven
DriveNail Cascade Subdivision and setting forth details in regard thereto.
(PEC07-0055)
Applicant: L-O Westhaven, Inc., represented by Rick Pylman, Pylman
& Associates, Inc.
Planner: Scot Hunn
1. SUMMARY
The Applicant(s), L-O Westhaven, Inc., represented by Rick Pylman, Pylman &
Associates, Inc., has requested final review by the Planning and Environmental
Commission for a Major Amendment to Special Development District No. 4,
Cascade Village, to allow for the development of a mixed use project on the
property known as the Cornerstone site, inclusive of:
o One (1) building containing a total of twenty three (23) free market
condominiums (55,931 sq. ft. of GRFA), four (4) deed restricted, Type III
employee housing units (EHUs) and two levels of underground parking,
for a total of eight (8) stories above pedestrian plaza grade on the south
side of the building;
o Enhancement of skier drop-off pedestrian access through subject
property, including a snow melted and covered exterior staircase and
dedicated elevator from Westhaven Drive level to the plaza level below;
o Improvement (re-development) of lift ticket sales office (skier services),
public plaza areas and the provision of public bathrooms adjacent to the
existing Cascade Village chairlift; and
o Completion of sidewalk links and certain other on-site and off-site
improvements Final Plan review is requested with regard to master plan recommendations,
specific design guidelines and Code requirements applicable to any re-
development of this site. To this end, Staff has prepared a written analysis
summarizing the requirements and guidelines outlined in:
o The Town of Vail Land Use Plan 1
. o The Town of Vail Municipai Code
.o Ordinance No. 31, Series 2007, Major Amendment 'to Special
Development District No. 4, Area A, Cascade Village
Requested Outcome
The intended outcome of this meeting is for the Commission to take formal action
on the development application, citing certain applicable findings and criteria as
the basis for approval, approval with conditions, or denial of the application.
To this end, Staff is recommending approval, with conditions, of the Major
Amendment to SDD No. 4, as detailed in Section IX of this memo.
II. DESCRIPTION OF THE REQUEST
Purpose of Review
The purpose of this meeting is to conduct a final plan level of review relative to
the Cornerstone project's conformance with the Town of Vail Land Use Plan, as
well as the appticable sections of the Town of Vail Municipal Code. As well, Staff
has reviewed this proposal against previously established development
standards, contained with the ordinance language for SDD No. 4, Cascade
Village, for the Cornerstone Site.
Project Overview
The attached plan sets (Attachment B) dated January 23, 2008, submitted by the
applicant depict proposed improvements including but not limited to:
Lower Parking Level
• 20,304 sq. ft. (gross) area
• Parking area to accommodate 33 spaces, including one ADA
accessible space
• Internal vehicular access ramp
0 Ancillary mechanical and trash space and common circulation
elements (stairwells/elevator shafts)
Upper Parking Level (Plaza Level)
• 19,961 sq. ft. (gross) area
• Parking area to accommodate 23 spaces, including three (3) ADA
accessible spaces
• Ancilla ry mechanical space and common circulation elements
(stairwells/elevator shafts)
• 623 sq. ft. (gross) skier services (commercial) square footage located
on the plaza level including a three-window ticket sales area and
administrative office space
• Owner ski lockers, Owner Lounge and skier services facilities,
including a 3-window ticket sales area, administrative office space and
public restrooms _
• Two public restroom facilities (481 sq. ft)
• Common elements
Ground Level Residential (Westhaven Drive Ground Level)
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• 18,787 sq. ft. (gross) area
• Four (4) 933 square foot, Type III employee housing units (EHUs)
located within the West Wing of the building
• Three (3), one-story free market condominium units
a Ancillary mechanical and trash space and common circulation
elements (stairwells/elevator shafts)
• Common elements
Level One Residential
• 16,811 sq. ft. (gross) area
• Six (6), one-story free market condominium units
•"Skier Passage" way from Westhaven Drive drop-off point on the
North side of the building to new snow melted (covered) stairwell on
South side of the building
• Common elements
Level Two Residential
• 14,284 sq. ft. (gross) area
• Four (4), one-story within the West Wing of the building
• Two (2), two-story (main plus loft) free market condominium units
within the East Wing
• Common elements
Level Three Residential
• 13,217 sq, ft. (gross) area
• Four (4), one-story free market condominium units within West Wing
of the building
• Two (2), two-story (main plus loft) free market condominium units
within East Wing of the building
• Common elements
Level Four Residential
• 7,594 sq. ft. (gross) area
• Two (2), one-story free market condominiums within the West Wing
• One (1) two-story (main plus loft) free market condominium unit within
West Wing of the building
• Common elements
Level Five Residential
• 4,615 sq. ft. (gross) area
• One (1) two-story (main plus Ioft) free market condominium
• Loft area for one (1) units in West Wing of the building
0 Common elements
Level Six Residential
• 1,814 sq. ft. (gross) area •
• One (1) loft for two-story level five
0 Common elements
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Of note is the creation of four (4); deed restricted Type III employee housing units
(EHUs), a heated pedestrian plaza ("Skier Passage") and stair well off of
Westhaven Drive providing access to the plaza level. In addition, the applicant is
working with the Town of Vail to design and construct certain sidewalk, turn land,
bus lane and skier drop-off improvements within and around the Westhaven
Drive.
Applicable Review Criteria
To this end, review of the Cornerstone Building project will include the following
code sections and other relevant documents .to be considered in any future
submittal for formal review and approval by the PEC:
o A maior amendment to special development district application pursuant
to Chapter 9 of Title 12, Town of Vail Municipal Code; Specifically,
sections (in part):
• 12-9A-4: Development Review Procedures
• 12-9A-5: Submittal Requirements
• 12-9A-6: Development Plan
• 12-9A-7: Uses
• 12-9A-8: Design Criteria and Necessary Findings
• 12-9A-9: Development Standards
• 12-9A-10: Amendment Procedures
• 12-9A-11: Recreation Amenities Tax
• 12-9A-12: Time Requirements
• 12-9A-14: Existing Special Development Districts
o Ordinance No. 31, Series of 2007 - An Ordinance Amending and Re-
Establishing the Approved Development Plan for Area A of SDD No. 4,
Cascade Village, in Accordance with Section 12-9A-10, Vail Town Code
and Setting Forth Details in Regard Thereto (Attachment D)
o Ordinance No.(s) 7& 8, Series of 2007
o The Town of Vail Land Use Plan
III. BACKGROUND
Special Development District No. 4
Special Development District No. 4, Cascade Village, was adopted by Ordinance
No. 5, Series of 1976. At least seventeen subsequent amendments occurred
from 1977 through the present day, inclusive of the most recent major
amendment to approve revisions to the Cascade Residences ("CMC" Building)
development in 2007. The subject property was a Planned Unit Development
under Eagle County Jurisdiction when the property was annexed in 1975. SDD
No. 4 includes the following:
Area A Cascade Village
Area B Coldstream Condominiums
Area C Glen Lyon Primary/Secondary and Single Family Lots
Area D Glen Lyon Commercial Site
Area E Tract K
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The entire Cascade Village site is approximately 97.5 acres. Because the
. property was annexed into the Town of Vail as a Planned Unit Development
under Eagle County jurisdiction and early Special Development Districts were not
based on an underlying zoning, there is no underlying zoning for Cascade
Village. The uses and development standards for the entire property are as
outlined in the adopting ordinance for Special Developmenf District No. 4.
Cornerstone Site History
The Cornerstone site is located south of Westhaven Drive, between the Liftside
Condominiums and the Cascade Hotel Terrace Wing and conference center.
The total site area is 0.6977 acres in size and slopes steeply from Westhaven
Drive to the hotel terrace and Cascade Village chairlift level. The chairlift is
located immediately adjacent to the site and a public pedestrian easement allows
for access across the site from Westhaven Drive to the chairlift. The adjacent
Waterford site (Liftside Condominiums) and the Cornerstone site are the only two
development parcels within the SDD permitted to establish separate
development plans.
In 1992 the Town of Vail Planning and Environmental Commission
recommended approval of the development plan for the Waterford (Liftside
Condominiums) and Cornerstone buildings; the Vail Town Council subsequently
approved the development plan via Ordinance No. 7, Series of 1993. Although
this plan is now expired, the 1993 development plan for the Cornerstone site
included:
0 41,010 total (gross) square feet of building area;
0 64 Transient Residential Units/28,110 square feet of GRFA;
o Three (3) employee housing units (EHUs)/1,800 square feet of GRFA;
0 11,100 square feet of retail/commercial space;
0 56 on-site parking spaces for residential uses;
0 37 on-site parking spaces for retail commercial uses
0 71 foot building height limit
Current Proposal
On September 24, 2007, the Planning and Environmental Commission held a
work session to discuss a concept for the proposal. At that time, the applicant
proposed a similar design for one building, with two separate wings. The West
Wing of the previous design showed a maximum height of 82 feet with the East
Wing measuring 71 feet in height. However, in response to concerns voiced by
adjacent property owners and the Planning and Environmental Commission,
concerning building height, views and massing, the applicant revised the plans
to:
• Relocate condominium units from the East Wing to the West Wing, thus
increasing the mass and height of the West Wing by adding one floor for
a total of eight (8) stories above grade (as measured from the Plaza Level
- on the south side of the building) and reducing the height of the East
Wing to mitigate concerns from Liftside Condominium property owners.
5
On November 26, 2007, the Commission held another work session to review the
revisions. At that meeting; the Commission expressed general support for the
revised plans and etevations. However, two Commissioners expressed concern
regarding proposed building heights at the West Wing of the development.
Specifically, Commissioner Kjesbo recommended that the applicant study the
massing and absolute height apparent on the south elevation, due to this
elevation's proximity to the pedestrian plaza between the proposed Cornerstone
Building and the existing Vail Cascade Hotel "Terrace" Wing. Commissioner
Pierce suggested that the applicant mitigate the apparent mass of the West Wing
by introducing additional building and roof mass at the lower levels of the
building, facing the pedestrian ptaza.
Since the November 26, 2007, meeting, StafF has met with the applicant several
times to discuss issues related to building massing and height, as well as, to
work towards resolution on the following outstanding issues:
• Westhaven Drive Improvements - turn lanes, bus turn-around, skier drop-
off; and
• Snow storage.
At this time, the applicant requests final review of the site and building plans only.
Targeted date of construction is spring, 2009. The Town Staff and the applicant
have agreed to continue to work towards mutually agreed upon design solutions
for any and all required improvements to Westhaven Drive and any ancillary
sidewalk and snow storage improvements. (A concept sketch of Westhaven
Drive design solutions is included in plans provided under attachment B).
IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of
the Planning and Environmental Commission, Design Review Board, Town
Council, and Staff with regard to the review of any applications submitted on
behalf of the Applicant.
Major Amendment to Special Development District (SDD)
Order of Review; Generally, applications will be reviewed first by fhe PEC for
impacts of use/development, then by the DRB for compliance of proposed
buildings and site planning, and final approval by the Town Council.
Planninq and Environmental Commission (PEC):
The PEC shall review the proposal for general compliance pursuant to criteria set
forth in Section 12-9A-8: Design Criteria and Necessary Findings. The P/anning
and Environmental Commission may recommend approval of the petition
or proposal as initiated, may recommend approval with such medications
as it deems necessary to accomplish the purpose of this tit/e, or may
recommend denial of the petition or rejection of the proposal.
Desiqn Review Board:
6
The Design Review Board has no review authority on a Major or Minor
Amendment to a Special Development District (SDD), but must review any
accompanying Design Review Board application. The Design Review Board
therefore will make a recommendation to the Planning and Environmental
Commission on any deviations proposed to the architectural design guidelines
prescribed in the Vail Village Master Plan.
Town Council:
Upon receipt of the report and recommendation of the Planning and
Environmental Commission, the Town Council shall set a date for hearing within
the foiiowing thirty (30) days. Within twenty (20) days of the closing of a public
hearing on a proposed SDD, the Town Council shall act on the petition or
proposal. The Town Council shaA consider but shall not be bound by the
recommendation of the Planning and Environmental commission. The Town
Council may cause an ordinance to be introduced to create or amend a special
development district.
V. APPLICABLE PLANNING DOCUMENTS
Section 12-9A: Special Development (SDD) Disfrict. Vail Municipa! Code (in
part)
Chapfer 9- Special and MisceNaneous Districts
12-9A-1: PURPOSE:
The purpose of the special development district rs fo encourage flexrbility and
creativity in the development of land in order to promote its most appropriafe use;
to improve the design character and quality of the new development with the
town; to facilitate the adequate and economical provision of streets and utilities;
to preserve the natural and scenic features of open space areas; and to further
the overall goals of the community as stated in the Vail comprehensive plan
12-9A-10: AMENDMENT PROCEDURES (In part):
8. Major Amendments:
1. Requests for major amendments to an approved speciaf
development districf shall be reviewed in accordance with the
procedures described in section 12-9A-4 of this article.
Ordinance No. 31, Series of 2007
An Ordinance Amending and Re-Establishing the Approved Development Plan
for Area A of SDD No. 4, Cascade Village, in Accordance wrth Section 92-9A-10,
Vail Town Code and Setting Forth Details in Regard Thereto. (In part)
Ordinance No. 7, Series of 2007
An Ordinance Amending Title 12, Zoning Regulations, Vail Town Code, by the
Addition of New Definitions to Section 12-2-2, and the Adoption of a New
7
Chapter 23, Entitled Commercial Linkage„ and Setting for Details in Regard
Thereto (In Part)
Ordinance No. 8. Series of 2007
An Ordinance Amending Title 12, Zoning Regulations, Vail Town Code, by the
Addition of New Definitions to Section 12-2-2, and the Adoption of a New
Chapter 2, Entitled Inclusionary Zoning, and Setting for Details in Regard Thereto
(In Part).
Vail Land Use Plan
The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail
Town Council. The main purpose of the Land Use Plan is two-fold:
1. To articulate the land use goals of the Town.
2. To serve as a guide for decision making by the Town.
The Vail Land Use Plan is intended to serve as a basis from which future land
use decisions may be made within the Town of Vail. The goals, as articulated
within the Land Use Plan, are meant to be used as adopted policy guidelines in
the review process for new development proposals. In conjunction with these
goals, land use categories are defined to indicate general types of land uses
which are then used to develop the Vail Land Use Map. The Land Use Plan is
not intended to be regulatory in nature, but is intended to provide a general
framework to guide decision making. Where the land use categories and zoning
conflict, existing zoning controls development on a site.
Goals and Policies (in part):
1.0 General Growth/Development
1.1 Vail should continue to grow in a controlled environmenf, maintaining a
balance between residential, commercial and recreational uses to
serve both the visitor and the permanent resident.
1.2 The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
1.3 The quality of development should be mainfained and upgraded
whenever possible.
1.4 The original theme of the old Village Core should be carried into new
development in the Village Core through continued implementation of the
Urban Design Guide Plan.
1.12 Vail should accommodate most of the additional growfh in existing
deve/oped areas (infill areas).
2.0 Skier/Tourist Concerns '
.2.1 The communrty should emphasize its role as a destination resort while
accommodating day skiers.
8
5.0 Residehtial
5.9 Additional residential growfh should continue to occur primarily in
existing, platted areas and as appropriate in new areas where high
hazards do not exist.
5.3 Affordable employee housing should be made available through
private efforts, assisted by limited incentives, provided by the Town of
Vail with appropriate restrictions.
5.5 The existing employee housing base should be preserved and
upgraded. Additional emp/oyee housing needs shou/d be
accommodated at varied sites throughout the communify.
VI. ZONING ANALYSIS
Staff has completed a zoning analysis, comparing in some instances the
previously. _ approved (now expired) development plan for the Cornerstone Site,
with current or proposed plans. As well, Staff has provided general development
standards and overall figures for Cascade Village, Area A as the certain
standards apply to the entire planning area. Lastly, "Per Dev. Plan" refers fo the
process by which certain allowable standards are established via the approval of
the individual development plan.
Legal Description: Cascade Village (Cornerstone Site)
Parcel No. 210312119001
Address: 1276 Westhaven Drive
Lot Size: .69 acres (30,056 sq ft)
Zoning: Special Development District No. 4(no underlying
zone district)
Land Use Plan Designation: Resort Accommodations and Services
Current Land Use: Mixed Use Residential and Resort / Spa
Development Standard Allowed/Req. Exist/Approved* Proposed
' Lot Area: N/A 30,056 sq. ft. No Change
Buildable Area: 30,056 sq. ft. No Change
Setbacks:
North: Per Dev. Plan 5' 3'
South: Per Dev. Plan 2'-6" 4'
East: Per Dev. Plan 1'-6" 5'
West: Per Dev. Plan 2' 51**
Building Height: 71' 71' 91'
Density (Area A): 15 DU/ac 13.4 DU/ac 13.6 DU/ac
or 270 DU 245 DU*** 268 DU
GRFA (Area A): 289,145 sq. ft. 239,680 sq. ft. 55,931 sq. ft.'`***
9
Comm. Sq. Ft. (Area A); 35,698 sq. ft. 24,598 sq. ft. 623 sq. ft. or
25,221 sq. ft.
Site Coverage (Area A): 45%***'`* or 36% 40%
Per Dev. Plan
Landscape Area (Area A): 50% 64% 60%
Parking (Cornerstone): 93 spaces****'`* 93 . 56 spaces
Note:
' Existing or approved refers to development standards approved via the 1993 development
plan (now expired) and are provide for information and comparison purposes only.
" West side setback measured from property line to exterior wall of residential building;
applicant proposes parking ramp to be built off property, on adjacent "Plaza Wing" with the
creation of an access easement.
Total existing density includes approval of additional dwelling units proposed within the
Cascade Residences, pursuant to File No. PEC07-0058. .
Applicant proposes to increase the total allowable GRFA for Area A from 289,145 sq. ft. to
295,611 sq. ft. (total increase of 6,466 sq. ft.) to accommodate development of the
Cornerstone Site; due to previously approved density (GRFA) at other parcels within Area
A since original approval of the Cornerstone building in 1993, less GRFA is now available
for the development of the Cornerstone Site than was originally anticipated.
Ordinance No. 33, Series 2005 amended allowable site coverage for Area A from 35% to
45%.
SDD No. 4 states that "There shall be a minimum of 93 enclosed parking spaces located
within the Comerstone building with 37 of the required spaces available to the public for
short-term parking. No mixed use credit has been applied to this lot." Staff believes that this
requirement is no longer valid due to previous development plans which contained larger
amounts of commercial and residential square footage has expired. The current proposal
requires 56 parking spaces.
VII. SURROUNDING LAND USES
Land Use Zoninq *
North: Parking Structure/Liftside Condos SDD No. 4
Soufh: Vail Cascade Hotel/Glen Lyon Sub. SDD No. 4
East: Common Area/open space/ Rec SDD No. 4
West: Vail Cascade Hotel SDD No. 4
Note`.
' According to the records on file for SDD No. 4, the entire development district was zoned
"PUD" within Eagle County prior to annexation to the Town of Vail; therefore, no underlying
"zoning" exists for this parcel other than previously approved (and amended) development
plans for SDD No. 4.
VIII. REVIEW CRITERIA
The following section of this memorandum is included to provide the Applicant,
community, Staff, and Commission with an advanced understanding of the
criteria and findings that will be used by the reviewing boards in making a final
decision on the proposed application.
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Chapter 9- Special and Miscellaneous Districts
12-9A-8: DESIGN CRITERIA:
The following design criteria shall be used as the principal criteria in evaluating
the merits of the proposed special development district. It shall be the burden of
the applicant to demonstrate that submittal material and the proposed
development plan comply wifh each of the following standards, or demonstrate
that one or more of them is not applicable, or that a practical solution consistent
with the public interest has been achieved:
A. Design compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural design,
scale, bulk, building height, buffer zones, identity, character, visual
integrity and orientation.
Overall Compatibility
The Applicant is proposing a major amendment to the special development
district which Staff believes will have positive overall impacts on the
appearance and functionality of the area. Specifically, the Cornerstone Site
is the last development site within Area A, and therefore presents
opportunities to complete the overall development plan for Cascade Village
and provide needed amenities to the larger community. Specifically, Staff
suggests that the following improvements wilt enhance the site's
compatibility, and as public benefits, will greatly improve the character,
identity, and visual integrity of the neighborhood:
• Enhanced skier passage way/entry portal to Cascade Village
Chairlift;.
• Sidewalk connections within and around the site;
• Enhanced Pedestrian Plaza area between existing Terrace Wing of
the hotel property, and the proposed Cornerstone Building; and
• Creation of bus turn around and skier drop off.
Design of the site and proposed buildings reinforces the connectivity of the
Cornerstone site to the rest of the Cascade Village Atea. As well, the
design generally enhances the architecture, scale, bulk and visual
character of the surrounding neighborhood by incorporating massing,
building materials, roof forms and compositions that relate to the
surrounding buitt environment. Massing has been revised to mitigate
impacts on adjacent structures (Liftside Condominiums) and the applicant
has made certain other revisions to balconies and fenestration around the
building which Staff believes will positively affect building mass, bulk,
building height and character of the immediate and surrounding
environment.
However, as the plans are. further developed, #he applicant will be required
to address the following areas of concern regarding specific design issues
related to design and construction of on-site and off-site improvements at
the Westhaven Drive entrance, including but not limited to:
11
• Turn lanes;
• Adequate queuing areas;
• Landscaped and irrigated medians;
• Six foot wide sidewalk connections from the proposed skier portal to
the South Frontage Road on both sides of Westhaven Drive
• Ten foot wide sidewalk connection along the South Frontage Road
from the western most point of the Cascade Parking/Conference
Center building to a point in front of the Liftside Condominiums,
approximately 680 feet in length (including a crosswalk);
• Bus turn around and bus stop meeting Town of Vail and ECO
standards;
• Three space skier drop-off;
• Landscaping; and
• Adequate snow storage areas as approved by the Town of Vail
Public Works Department.
Bulk and Mass
Staff believes the proposed improvements are consistent with the Vail
- Comprehensive Plan. While the overall mass of.the building will. surpass (in
height) previously approved buildings on this site, Staff believes that the
Applicant has presented plans that enhance the overall massing,
composition and appearance of the planning area (Area A, Cascade
Village) by introducing compatible roof forms, as well as, new roof forms
that step and which will add variety to the overall roof composition
throughout Area A. In addition, Staff believes the proposed application of
exterior materials, specifically the introduction of substantial amounts of
stone veneer at key locations (foundation level), the introduction of
secondary roof structures, the revisions to the placement and size of certain
balconies and window openings, and the continued use of stucco as a
predominant "Cascade Village" material, aid in "stepping down" the mass of
the building from the pedestrian level.
Building Height .
Staff believes, despite a proposed maximum building height of 91 feet in
one area of the building, the proposed building heights for both the West
and East wings of the building are generally compatible and sensitive to the ,
immediate environment. Pursuant to Ordinance No. 31, Series 2007,
building height for SDD No. 4 is calculated as follows:
"For the purposes of SDD No. 4 calculations of height, heighf shall
mean the disfance measured vertically from the existing grade or
finished grade (whichever is more restrictive), at any given point to
the top of a flat roof, or mansard roof, or to the highest ridge line of
a sloping roof, unless otherwise specified in approved development
plan drawings."
Further, that:
"Cornerstone Building: Maximum height of 71 feet."
12
Although the proposed maximum height of the West Wing is now shown at
91 feet, as measured to existing grade on the south (pedestrian plaza) side
of the development, Staff believes thaf the overall building heights for both
wings are appropriate in context to surrounding structures, as well as, the
overall Cascade Village development.
Approved building heights within Area A(according to development
standards listed in SDD No. 4, Ordinance No. 31, Series 2007) range from
26 feet to 71 feet. By comparison, building heights proposed within the
Cornerstone Building range from approximately 42 feet to 91 feet. Also,
Staff has calculated that approximately 30% of the overall roof mass is
above 71 feet. As discussed in previous meetings with the Planning and
Environmental Commission, the proposed building massing and height may
actually enhance the perceived variation in roof height within Area A, thus
producing a positive umix" of roof heights and building masses which
reinforce the tightly clustered "Village" concept. Further, as depicted on the
photo overlays provided by the applicant, the proposed West Wing of the
Cornerstone Building, while taller than the adjacent Liftside Condominiums
building (55 feet tall on the north/frontage road side), presents a similar
appearance (between 57 feet and 75 feet tall on -the north side) when
viewed from I-70 and the frontage roads.
Character
As stated above, Staff believes the proposed improvements will result in a
positive, or beneficial, impact to the surrounding area. The manner in which
the Applicant proposes to integrate the building's mass, roof compositions
and forms, fenestration and exterior building materials enhances or
reinforces the Cascade Village architectural style and character. Other
improvements to enhance the skier drop-off, skier passage way and
pedestrian plaza areas will provide a much needed upgrade to the
pedestrian experience of this portal to Vail Mountain.
Setbacks
Ordinance No..31, Series of 2007, states the following relative to required
setbacks prescribed within Area A, in part:
"Required setbacks shall be as indicated in each development plan
with a minimum setback on the periphery of the property (Area A)
of not less than twenty feet..." "All buildings shall maintain a 50
foot stream setback from Gore Creek."
The current proposal establishes the building footprint at the approximate
distances away from property lines: North: 3 feet; South: 5 feet; East: 5
feet; and West: 2 feet (2' between the proposed parking ramp and the
existing "Plaza Wing" of the hotel/5' between the western property line and
the exterior wall of the proposed Cornerstone Building). The previously
approved development plan established the building footprint
approximately 5 feet from the North property line; 2 '/2 feet from the South
property line; 1'/z feet from the East property line, and; 2 feet away from
the West property line.
13
Therefore, Staff believes that the current proposal generally provides for
better separation between the proposed buildings and the footprints of
adjacent buildings. As well, Staff suggests that the current proposal could
be construed to create less visual impact to adjacent properties closest to
the East property line. Lastly, there is more distance (by approximately 3
feet) provided between Gore Creek and the proposed structure.
Site Coverage
Ordinance No. 31, Series of 2007, states the following relative to Area A:
"Not more than 45% of the total site area may be covered by
buildings unless otherwise indicated on the site specific
development plans."
StafF has calculated the existing site coverage within Area A at
approximately 34% of the total land area. As proposed, the Cornerstone
Building (total individual site coverage of approximately 67% of the
Cornerstone site) brings the total site coverage for Area A to approximately
37%. Therefore, Staff believes that the proposal complies with, or does not
adversely impact, this standard applied to the overall development area
(Area A).
B. Uses, activity and density which provide a compatible, efficient and
workable relationship with surrounding uses and activity.
Staff believes the proposed uses, activities and density continue to provide
a compatible, efficient and workable relationship with surrounding uses and
activity. Specifically, the proposed uses are primarily residential (mulit-
family and employee housing), with limited first floor commercial (skier
services), both uses by right and both uses that are similar to surrounding
multi-family, lodge and commercial uses. The design of the project
respects surrounding structures, uses and activities by providing generally
compatible building massing, roof forms and composition, architecture and
by providing enhanced skier drop-off improvements and pedestrian plaza
serving the overall neighborhood. As well, the project's design is respectful
of surrounding uses and activities by not adversely impacting existing
loading and delivery (service) areas or shifting any parking burden onto the
overall development.
Staff suggests that while the building is compatible with surrounding sites,
the applicant shall be required to demonstrate that proposed parking ramp
improvements on the west side of the site will not adversely impact the
adjacent "Plaza" site.
C. Compliance with parking and loading requirements as outlined in
Chapter 12-10 of the Vail Town Code.
The provisions of SDD No. 4 state the following with specific reference to
Area A and the Cornerstone Site:
14
9. "Off-street parking shall be provided iri accordance with Chapter
12-10, except that 75% of the required parking in Area A shall be
located within a parking structure or buildings with the exception of
Millrace IV, Scenario 1, where 66.6% and the Westhaven
Condominiums, where 71 % of required parking shall be enclosed
in a building.
4. There shall be a minimum of 93 enclosed parking spaces located
within the Cornerstone building with 37 of the required spaces
available to the public for short term parking. No mixed use credit
has been applied to this lot."
Staff believes that a majority of the spaces previously required were
generated by the approved number of "Transient Residential Units" (TRs),
free market units (GRFA) and retai!/commercial square footage approved
for the site. Specifically, sixty four (64) TRs were approved for the site with
a.4 space to unit ratio, for a total of twenty six (26) spaces required; 28,110
square feet of GRFA with a.1 space per 100 sq. ft. ratio accounted for 28
additional spaces dedicated for the residential component. Additionally, 37
spaces were required at a ratio of 1 space per 300 sq. ft. of commercial
space. The total requirement in the 1993 development plan was 91
spaces.
The current proposal contains no Transient Residential/accommodation
units or commercial square footage. In addition, the twenty three (23) free
market residential dwelling units (not including EHUs) proposed will
generate significantly less on-site parking demand than the previous 32
units approved for the site.
Pursuant to Chapter 12-10 of the Vail Town Code, the current proposal
requires 56 spaces. 56 spaces are proposed within two levels of structured
parking. Therefore, Staff believes the proposal complies with parking and
loading requirements as outlined in Chapter 12-10 of the Vail Town Code.
D. Conformity with the applicable elements of the Vail Comprehensive
Plan, Town policies and Urban Design Plan.
Employee Housing Pravision
Ordinance No. 33, Series of 2005, addresses employee housing in the
following manner:
"The development of SDD No. 4 will have impacts on available
employee housing within the Upper Eagle Valley area. In order to
help meet this additional employee housing need, the developer(s)
of Areas A and D shall provide employee housing."
Further, that:
"The developer(s) of Area A shall build a mrnimum of 3 employee
housing dwelling units withrn the Cornerstone Building and 2 wifhin
the Liftside (Waterford Building). Each employee unit in the
15
. Cornerstone Building shall have a minimum square footage of 600
square feet." .
In addition to previously established requirements of SDD No. 4, the
development of the Cornerstone Building is subject to the Town' Employee
Housing regulations, specifically Ordinances 7& 8. In February of 2007, the
Town Council passed Ordinances No. 7 and No. 8, Series of 2007, which
enacted regulations for the provision of employee housing units through
several possible mitigation methods for all projects in the Special
Development District. Within these ordinances a nexus was established
between commercial and residential development and the generation of
employees was established. In adopting these ordinances a methodology
was established to determine the impact of a commercial and residential
development on the need for employee housing at a goal of providing 30%
of the housing generated by a project.
Furthermore. there were provisions for meeting the requirement for
providing employee housing through several different options or
combination of options. The options include:
• Provision of on-site units;
• Conveyance of property on-site;
• Provision of off-site units;
~ Payment of fees-in-lieu; and
• Conveyance of property off-site
A proposed development or redevelopment may choose to propose any of
the above options or combination of options. Within the two Ordinances, the
Planning and Environmental Commission was given the authority to review
an applicant's proposal for mitigating the employee generation of a project
and grant approval of the proposal. There are some specific instances
we're the Town Council must also accept the proposal for mitigating the
employee requirement generated by a project.
The Staff has reviewed the proposal for compliance with Ordinance No.(s)
7 and 8, Series of 2007, and found it to be accurate in calculating the
mitigation requirement for the proposed Cornerstone Building project. Staff
has attached the proposed mitigation plan, as outlined in Section 3.5 of the
Project Overview/Summary by Pylman & Associates (Attachment B). At its
November 26, 2007, public hearing several members of the Commission
suggest that the proposed mitigation of providing four EHUs on-site, in
addition to providing the remainder of the mitigation as pay-in-lieu, was
appropriate.
Within the Plan the applicant proposes to mitigate the housing requirement,
based on a total (new) gross residential floor area (GRFA) of 55,931 square
feet, by the incorporation of four (4) employee housing units on site
measuring 933 square feet each (3,732 sq. ft. total), and a Residential
Mitigation payment-in-lieu in the amount of $49,595.65. In addition, the
applicant proposes new ticket sales and office space to#aling 623 square
16
feet. There are currently approximately 350 square feet of ticket sales and
office space on site. Therefore, the net increase in commercial (retail)
square footage is 273 square feet. The following calculations provide an
analysis for employee housing, payment-in-lieu mitigation to be required:
Residential Mitigation Calculation
55,931 sq. ft. (new) GRFA x 10% = 5,593 sq. ft. mitigation required
5,593 sq. ft. required - 3,732 sq. ft. proposed = 1,861 sq. ft. remaining
1,861 sq, ft. x$236.65/sq. ft. _$49 5 5.65 payment-in-lieu required
Commercial Mitigation Calculation:
273 sq. ft. (net new) commercial space
273 sq. ft. x 2.4 employees/1000 sq. ft. of new net floor area =.13
.13 employee mitigation requirement x$131,385.00 17 080.05
Total Mitigation Required:
Residential Mitigation: $49,595.65
Commercial Mitiqation: $17 080.05
Total: $66 6 5.70
Currently the Town has no plan for the funds that may be collected from the
payment-in-lieu option for mitigating housing requirements. Funds collected
from this option could be used to construct units or to purchase units and
then resell them after placing a deed restriction upon the property and
selling them for a more affordable price.
Vail Land Use Plan
The goals contained in the Vail Land Use Plan are to be used as the
Town's policy guidelines during the review process for the amendment of a
special development district. Staff has reviewed the Vail Land Use Plan and
believes the following goals, objectives and policies are celevant to the
review of this proposal:
Vail Land Use Plan
9.0 Genera/ Growth/Development
1.1 Vail should continue to grow in a controlled environment,
maintaining a balance befween residential, commercial and
recreational uses to serve both the vrsitor and the permanent
resident.
17
1.3 The quality of development should be maintained and upgraded
whenever possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
2.0 Skier/Tourist Concerns
2.1 The community should emphasize its role as a destination resort
while accommodating day skiers.
5.0 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.
5.3 Affordable employee housing should be made available through
private efforts, assisted by limited incentives, provided by the
Town of Vail with appropriafe restrictions.
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 development generally furthers the above
referenced goals, objectives and policies and, therefore, is in general
compliance with the Vail Comprehensive Plan.
E. Identification and mitigation of natural and/or geologic hazards that
affect the property on which the special development district is
proposed.
According to the Official Town of Vail Geologic Hazard Maps, the
Cornerstone development site is not located in any geologically sensitive
areas or within the 100-year floodplain of Gore Creek or its tributaries.
F. Site plan, building design and location and open space provisions
designed to produce a functional development responsive and
sensitive to natural features, vegetation and overall aesthetic quality
of the community.
Site Plan
Staff believes the proposed site design will have positive overall impacts on
the appearance and functionality of the area.
The site is a steep hillside resulting from development of Westhaven Drive (fill) and is vegetated with native grasses (re-seeded after construction of II
Westhaven Drive). There are no trees or other significant vegetation on the
site and the site has been used for snow storage and construction staging
historically. Therefore, the development of the Cornerstone Building poses
18
no negative impact on "natural features". On the contrary, Staff believes
that development of this site will complete the overall development plan for
Cascade Village and will provide much needed enhancements to
sidewalks, pedestrian plazas, landscaping and the overall aesthetic quality
of the area as a portal to Vail Mountain.
However, Staff, believes that the applicant should be required to work with
the Town of Vail Town Engineer to create design solutions, both on and off-
site, to provide adequate snow storage within and around the Westhaven
Drive right-of-way. Specifically, the development of this site and the
associated improvements to the bus turn around and skier drop off areas,
while not necessarily causing more snow storage need, will impact the
Town's ability to store snow within the Westhaven Drive right-of-way and
within the Cornerstone site itself - a historical use of the site. Therefore,
Staff believes that the applicant should also be required to provide a"Snow
Storage" easement on the northeast corner of subject property, as part of a
snow storage mitigation plan.
Building Design
Staff believes that the proposed building is designed to increase or
enhance functionality of the area while being responsive and sensitive to
the aesthetic quality of the community.
Therefore, Staff believes that the overall aesthetic quality of the community
would be enhanced by the proposed exterior changes and physical
improvements proposed by the applicant will increase the functionality of
the site.
G. A circulation system designed for both vehicles and pedestrians
addressing on and off-site traffic circulation.
The Applicant is proposing changes that will generally improve on-site
parking and maneuverability and which will enhance pedestrian circulation
around and through the site. Specifically, the applicant has agreed to install
portions of sidewalk connections identified by the Town of Vail Public
Works Department. In addition, the Applicant proposes to participate in
improvements to Westhaven Drive, including the provision of a bus turn
around, skier drop-off and a potential left turn lane, for exiting movements
out of Cascade Village.
H. Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views and
functions.
Staff believes that the landscape plan greatly enhances the aesthetic
quality of the area by providing new pathways, plantings and ground covers
where none exist today. By completing development in this area, the plaza
, connection, or pedestrian way from the hotel to the Cascade Village chairlift
will now include new pathways and (heated) paver areas, a gas fire
pit/gathering place and significant new plantings of native trees and shrubs.
These plantings will form the first level of perception from the pedestrian
19 -
level between pathways and the Cornerstone Building. Plantings are also
proposed on_ the plan in a.manner and location to strategically "soften" or
break-down building mass and height.
1. Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of
the special development district.
Staff is not aware of any intention on the applicant's behalf to phase this
project, however, should a phasing plan be proposed, this criterion must
and will be met in full.
IX. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forwards. a recommendation of approval, with
conditions of the proposed amendment to Special Development District No. 4,
Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail
Town Code, to the Vail Town Council. Staff's recommendation is based upon the
review of the criteria found in Section VIII of this memorandum and the evidence
and testimony pr.esented, s.ubject to the following conditions:
Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council of this proposed
amendment to a Special Development District, the Department of Community
Development recommends the Commission pass the following motion:
"The Planning and Environmenta! Commission approves, with conditions, the applicant's request for final review of a proposed major amendment to
a Special Development District (SDD), pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to allow for an amendment to
Special Development District No. 4, Cascade Village, to allow for the
development of a mixed use development, located at 1276 Westhaven
Drive (Cornerstone site)/Unplatted, Vail Cascade Subdivision, and setting
forth details in regard therefo. (PEC070055). "
Should the Planning and Environmental Commission choose to approve this amendment, the Community Development Department suggests the following-
conditions: -
1. That the Developer receives final review and approval of the proposed
development plan by the Town of Vail Design Review Board, prior to
making an application for the issuance of a building permit.
2. That the Developer submits a complete set of civil engineered drawings
of the Approved Development Plans, including the following required off-
site improvements;
a. Design and Construct Westhaven Drive entrance improvements
including; additional turn lanes and adequate queuing areas,
landscaped and irrigated medians, (6) sidewalk conneEtions from
the proposed skier portal to the Frontage Road on both sides of .
20
Westhaven Drrve, a bus turnaround and bus stop meetrng Town of
Vail and ECO standards, 3 skier drop-off spaces, landscaping and
adequate snow storage areas as approved by the Public Works
Department,
b. Design and Construct A 10' concrete walk along the South
Frontage Road from the western most point of the Cascade
Parking/Conference building to a point in front of the Liftside
Condominiums, approximately 680' in length (including
crosswalk). The walk shall be detached wherever feasible and
separated by a minimum of a 5' /andscaped and lrrigated buffer.
Such drawings/plans shafl be submitted to the Town of Vail Community
Development Department for review and shall receive approval prior to
the Developer making application for the issuance of a building permit.
3. That the Developer shall address and resolve, to the satisfaction of fhe
Town Engineer, all the comments and conditions identified in the
memorandum from the Town Engineer, and addressed to Scot Hunn,
dated January 25, 2008, on any civil engineered plans submitted in
conjunction with building permits.
4. That the Developer pays in full, the employee housing mitigafion fee of
$66~75. 0 prior to the issuance of a building permit.
5. That the Developer pays in full, the Traffic lmpacf Fee of $1 ?7,000 (based
on the 18 net pm peak hour trips) prior.to the issuance of a building
permit. All or a portion of the fee may be offset by specific capacity
improvements includrng the cost of the design and construcfion of the left
turn lane on Westhaven Drive.
6. That the Developer prepares a Cornerstone Buildinq Art in Public Places
Plan, for input and comment by the Town of Vail Art in Public P/aces
Board, prior to the request for a temporary certiricate of occupancy.
Subject to the above input and comment by the Art in Public Places
Board, the Applicant will work with Town Staff to determine the type and
location of the art to be provided. Said Plan shall include the funding for a
minimum of one (1) public art improvements fo be developed in
conjuncfion with the Comerstone Building project.
7. That the Developer provides the legally executed and duly recorded Type.
lll deed restriction with the Eagle Counfy Clerk & Recorder's Office for the
on-site employee housing unit, and that said unit shall be made available
for occupancy, prior to the issuance of a temporary certifrcate of
occupancy for the Cornerstone Building project.
Should the Planning and Environmental Commission choose to approve this
amendment, the Community Development recommends the Commission makes
the following findings:
"The Planning and Environmenta! Commission finds:
21
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, based upon the review outlined in Section Vlll
of the Staff's January 28, 2008, memorandum to the Planning and
Environmental Commission; and
2. That the amendment does further the general and specific purposes
of fhe Zoning Regulations, based upon the review outlined in Section
Vlll of the Staff's January 28, 2008, memorandum to the Planning and
Environmental Commission; and
3. That the amendment does promote the health, safety, morals, and
general welfare of the Town, and does 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
the review outlined in Section Vlll of the Staff's January 28, 2008,
memorandum to the Planning and Environmental Commission.
X. ATTACHMENTS
A. Vicinity Map
B. Reduced Architectural and Engineering Plans
C. Cornerstone report/analysis (by Rick Pylman, Pylman & Associates, Inc.)
D. Ordinance No. 31, Series 2007, SDD No. 4
22
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AttacEunent C
P~M~-~ ~ APR - ~ 2008
r
& ASSOCIATES ° -
MEMORANI)UM TOW N OF V~?! ~
TO: Vail Town Council
FROM: Rick Pylman
DATE: April 9, 2008 RE: Comerstone Condominiums, Cascade Village, SDD # 4
The purpose of this memo is to provide brief background information and to introduce subjects
for a work session level discussion. Na formal revisions to the plans have been made and there
is no current request for a formal vote. Based upon discussion of the subjects described below
project revisions will be made and, at a later date as appropriate, a revised 4rdinance No. 5
Series of 2008 will be presented to Town Cauncil.
DESCRIPTION OF THE REOUEST
L-O Westhaven, Inc. is requesting a Major Aznendment to Special Development District #4, Vail
- Cascade, to allow for development plan approval for the Cornerstone site. The Comerstone site
is located within Area A of Cascade Village. A development plan was approved via Ordinance
No.l Series of 1993, however, development of the site has not occurred.
BACKGROUND
On January 28, 2008 the Town of Vail Planning and Environmental Commission voted 6-0 to
recommend approval, with conditions, of the proposed amendment to SDD #4.
On February 19, 2IX08 the Town'Council tabled the first reading of Ordinance No_ 5, Series of
2008. The council articulated several issues with the proposed development plan.
(1) The development plan represented an increase in the total GRFA originally approved for
Area A of Cascade Village. Direction to the applicant was that GRFA should remain
within the limitations of original approval for Area A.
(2) The proposed building heights ranged from 60' at the east wing of the building to 91' at
the west wing. The allowable building height specified for Cornerstone is 71'. General
direction was given ta lower the building height and several counci] members directed building height to remain within the 71' limitation.
Office: 137 Main Streec, Suite G107W Edwards, Colorado 81632 Mail: P.O. Box 2338, Edwards, Colorado 81632
Phone: (970) 926-6065 Fax: (970) 926-6064 Email: rickQpylman.com
v.
(3) Other issues included the level of public benefit proposed in reiation to t-he requested
deviation from GRFA and building height, and questions regarding overall Cascade
Village parking requirements and overall Cascade Village EHU requirements.
WORK SESSION DISCUSSION
The applicant will revise the building plans to reduee GRFA to meet the allowance far Area A.
A preliminary revision of the floor glans indicates that overall GRFA will remain at least 500
square feet below the allowance.
Through the above described GRFA reductions, by moving two dwelling units from the west
wing to the east wing and by eliminating one floor level of on-site EHU's the applicant has
conceptually redesigned the building to meet the 71' building height Tlus represents a building
height reduction of 20' at the west wing and an increase in height of 11' at the east wing. The -
proposed heights had been 91' and 6Q' respectively. 'Fhis addresses council members direction
and is in compliance with the existing ordinance. This revision wi11 however, if formally
proposed for approval, likely meet with significant bpposition from the neighboring Liftside
Condominium 4wners Association due to the change in proposed height from 60' to 71' at the
east wing. ~
A second building design option is to retain the lower 60' height in front of Liftside and to allow
a building height of 81' at the west wing. The increase in height at the west wing would be
offset by the lower height in front of Liftside. This wotild allow the applicant ta meet the desired
building program and present a lawer pmfile to the Liftside owners.
Prior to investing significant resources into a detailed building redesign the applicant would like
to discuss these twa building height options and receivs additional direction from the Town
Council. . Under either height scenario the Cornerstone EHU requrirement wou}d be met either in an off-site location or via a pay-in-lieu option. .
The applicant believes that the overall Cascade Village parking and EHU questions asked by
council can be adequately answered and addressed by the applicant and the town staff. As the
GRFA and building height deviations are eliminated or addressed by revisions to the building
plans the question of the relationship between public benefit and zoning deviation is also
addressed to a significant degree.
The applicant looks forward to a productive work session discussion with the Town Council.
Thank you for your time and attention.
Aftachment D
Cascade Village Area j4
EHU History
April 9, 2008
Files Researched:
1) Amending Ordinances - Cascade Village SDD No. 4
2) Westhaven Condos
1) Amending Ordinances - Cascade Village SDD No. 4
Ordinance DUs EHUs
Ordinance No. 5, Series of 1976 (Establishment) 252 0
Ordinance No. 28, Series of 1977 252 0
Ordinance No. 31, Series of 1978 252 0
Ordinance No. 2, Series of 1979 252 0
Ordinance No. 10, Series of 1982 252 0
Ordinance No. 20, Series of 1984* 287 0
Ordinance No. 40, Series of 1988** 283.5 10
Ordinance No. 12; Series of 1989 ' 2$3.5 10
Ordinance No. 10, Series of 1990*** 283.5 8
Ordinance No. 20, Series of 1990 283.5 8
Ordinance No. 45, Series of 1990 283.5 8
Ordinance No. 41, Series of 1991 283.5 8
Ordinance No. 1, Series of 1993**'`* 270 13
Ordinance No. 7, Series of 1993 270 13
Ordinance No. 8, Series of 1995'`**** 270 22
• Ordinance No. 23, Series of 1998 - 270 22
Ordinance No. 1, Series of 1999 270 22
Ordinance No. 11, Series of 1999****** 270 26
Ordinance No. 14, Series of 1999 270 26
Ordinance No. 12, Series of 2005***"*** 270 5
Ordinance No. 33, Series of 2005 270 5
Ordinance No. 11, Series of 2007 270 5
Ordinance No. 31, Series of 2007 270 5
Notes:
' Ord. No. 20, Series of 1984, approved amendments to increase to total commercial square footage
within SDD No. 4; to a maximum of 37,000 square feet, 4hus precipitating a discussion regarding
the provision of employee housing on-site, as well as the provision of a statement within the
development plan stating: " On a yearly basis a contractual agreement between the employer and
the developer showing evidence of employee housing that is satisfactory to the Town of Vail shall
be made available to the Department of Community Development."
Ord. No. 40, Series 1988, approved amendments to increase to the total GRFA (1,124 sq. ft.) and
commercial space, to a maximum of 56, 538 sq. ft.; also, a requirement for a minimum of 10
employee housing units to be provided either within the Westhaven Condominiums building, Area
A, or within the "East Building" of Area D(Glen Lyon Commercial Site/Micro Brewery), was
approved. Employee housing units were to be a minimum of 548 sq. ft., be restricted for 20 years,
and allowed to be rented and/or sold to local employees of the "upper Eagle Valley" only.
Ord. No. 10, Series 1990, approved amendments to Area D and Area A, specifically to require eight
(8) units@ 648 sq. ft. within the Westhaven Condominiums building and allowing for the
construction of 2 units @ 795 sq. ft. and 900 sq. ft. within Area D.
Ord. No. 1, Series of 1993, approved amendments to Area A, specifically to allow for the
development of the Cornerstone Site, including amendments to the total number of dwelling units;
a minimum of 352 "Accommodation" or "Transient Dwelling Units", were required within Area A;
Transient Dwelling Units were fo be counted as'/z of a dwelling unit for density calculation
purposes, resulting in the total density being reduced to 270 dwelling units. In addition, additional
employee housing unit requirements were approved, including the provision of three (3) units @
600 sq. ft. within the Cornerstone building, and two (2) units @ 300 and 800 sq. ft. within the
Waterford (Liftside) building, for a total of 13 to be constructed within Area A. These additional
units were excluded from the restrictions placed on the 8 units originally required within the
Westhaven Condominiums building. However, the Comerstone and Waterford site EHUs were
subject to other restrictions, including the requirement to provide one (1) parking space on-site.
Ord. No. 8, Series of 1995, approved amendments to Area A, specifically to allow development of
the Westhaven Condominiums site and to increase the number of required employee housing units
at the Westhaven Condominiums site from eight (8) to seventeen (17). Three (3) units were still
required at the Cornerstone site and iwo (2) units were required at the Liftside Condominiums site.
Ord. No. 11, Series of 1999, approved amendments to Area A, including an increase in the number
of required employee housing units to be provided with the development of the Westhaven site.
Ord. No. 12, Series of 2005, approved amendments to Area A, specifically eliminating the
requirement to provide employee housing units on-site at the Westhaven Condominiums site.
Ordinance No. 12, Series of 2005, contained a condition wherein the developer of the Westhaven
Condominiums was required to provide the equivalent of 4,400 square feet of deed restricted
employee housing, off-site. Files for Westhaven Condominiums contain written evidence that the
developer met the requirements of the Vail Town Code by deed restricting three (3) units within the
Town. A requirement for the developer of Area A to provide five (5) employee housing units within
Area remained for the Cornerstone site (3 units) and the Liftside site (2 units).
.
i
r_
MEMORANDUIVS
TO: Town Council
FROM: Lorelei Donaldson
DATE: April 10, 2008
SUBJECT: Appointment of Local Licensing Authority (LLA) Applicants and the Vail Local
Housing Authority (VLHA) applicant
There are currently two vacancies on the LLA. The Town received two (2) applications for the
vacancies. Both applicants are incumbent members of the LLA (noted by asterisks below). The
Council needs to interview each applicant at the work session and then appoint two applicants to
the LLA at the evening meeting.
The applicants are as follows:
Kaye Ferry*
Bob McKown'`
Staff is requesting that the Town Council appoint two members to the LLA for finro year terms
each.
There is currently one vacancy on the VLHA. The Town received one (1) application for the
vacancy. The applicant is an incumbent member of the VLHA (noted by asterisks below). The
Council needs to interview the applicant at the work session and then appointment one applicant
to the VHLA at the evening meeting.
The applicant is as follows:
Kim Newbury
~
Staff is requesting that the Town Council appoint one member to the VLHA for a five-year term,
ending June 30, 2013..
Lorelei Donaldson
Vail Town Clerk
Town of Vail 75 S. Frontage Road ,
Vail, Colorado 81657
March 18, 2008
Dear Lorelei: •
I am interested in applying for the recently advertised position on the Vail Local
Licensing Authority and extending my current term by an additional2 years.
I meet the qualifications in that I am a citizen of the US, a registered voter in the Town of
Vail and have resided in the Town of Vail for more than two years.
As the current Chairman of the VLLA, I think we have had a positive affect on the
hospitality industry in Vail. Additionally, I believe my background in the restaurant/bar
business has added a much needed dimension to to the board.
Last year's annual meeting was well attended and considered to be very successful and
informative. I think our efforts to work with the bars and restaurants in Vail as well as
special events producers will continue to provide a positive business environment. I
would like to continue in this role that I have served in for the last 4 years.
Than u for your consideration.
Kay erry
100 Eagle's Nest Circle
Vail, Colorado 81657
1
April 1, 2008
TO: Vail Town Council Members
FROM: Robert A. McKown
Box 4361
2092 Zermatt Lane #D
Vail, CO 81657
Ladies and Gentlemen:
This letter is to inform you of my desire to be appointed to the
Local Licensing Authority.
Thank you for your consideration.
spectfully,
~
Robert A. McKown
~ LOCAL LICENSING AU17iOR9°P19 ATrEIVDANCE RECORD
UP TO APRiL 2008
NAME: 616181ahop Bob Louthan Keys Fe Bob McKown Dick Clevelaod Mark Conlin B aryM Roth Connla Kni M
Appointed: June-03 June-03 June-04 Au ust-O6 January-06 June-07 June-O-- 7~-^June-07
Status, serving 2nd serving 1 st term replaced K. Foley
' term served 2nd term of 2 yrs. serving 2nd term senred partial term servin 1 st term servi 1 st term servi 1 st tertn
term ends June term ends June term ends June term ends June term ends June term ends June term ends June
TERM: 2007 2007 pppg term ends June 2008 2007 2009 2009 i 7009
NOEETING DATES: •
12-Jan-05 x x x
9-Feb-05 x x x - -
9-Mar-05 x x x
-
13- r-05 x x
-
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B-Jun-05 x x x x
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, 11 tilan-06 x x x x x
8-Feb-06 x x x x x ~ J
- --1------
8-Mar-06 x x x x x f--
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10-Ma -Q6 meetin cancelled
^ 14-1un-06 x x x x ~
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14Feb-07 x x z x
x x x x
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1 A_ Ile...I:o
• _ _ -
~(3/25/2008) Lorelei Donaldson - Vail Local Housing Authority Pa9e 1
From: Kim Newbury
To: Idonaldson@vailgov.com
Date: 3/19/2008 4:37 PM
Subject: Vail Local Housing Authority "
Dear Lorelei and Vail Town Council Members:
Please consider this email correspondence my application for reappointment to the Vail Local Housing
Authority. 1 have served for 6 years and believe that I have been a valuable member of the Authority over
that time. We have made great strides in promoting and creating affordable housing, and I would like to
continue my service on the board as we look forward to creating and implementing a Strategic Housing
Plan. In addition, when the Authority was created, it was the intent of the Council at the time to always
have one Town Council representative on the board. For the past four years I have been that
representative.
Please feel free to contact me with any questions.
Best regards,
Kim Newbury
C) V-k
1/4/2007 2/27/2007 3/27/2007 4/24/2007 5/3/2007 5/15l2007 5/17/2007 6/21/2007 7/19/2007 8/16/2007 9/20/2007
Steve Lindstrom x x X Cancelled x x x x cancelled x x
Mark Ristow x x x canceuea x x x x cancelled x x
Sally Jackle x x X Cancelled x x x x cancelled x
Kim Newbury x Cancelled x x cancelled
Ethan Moore x x Cancelled x x X cancelled x x
10125l2047 11l1512007 12112i2007 1/2412008 2/14/2008 3/24/2008
X X X X X X
X X X. X X X
X X X
x x JC X X
X X X X X X
There are no PEC results as there was no meeting since
the last council meeting held on April 1, 2008.
r
J
~
DESIGN REVIEW BOARD AGENDA
, PUBUC MEETING
April 02, 2008
TOWN OF yAU 4 Council Chambers
75 S. Frontage Road - Vail, Colorado, 81657
PROJECT ORIENTATION 2:00pm
MEMBERS PRESENT MEMBERS ABSENT
Mike Dantas
Tom DuBois
Pete Dunning
Brian Gillette
Libby Plant
SITE VISITS 2:30pm
1. Fischer Residence - 3796 Lupine Drive
Driver: Warren
PIJBLIC HEARING - TOWN COUNCIL CHAMBERS 3:00pm
1. Swearing in of re-appointed board members by the Town Clerk. .
2. Cheney and Goldman Residence DRB080047 / 1 minute Nicole
Final review for an addition (garage)
4220 Spruce Way/ Lot 1, Block 7, Bighorn 3rd Addition
Applicant: Maryalice Cheney & Scott Goldman, represented by VAg, Inc.
ACTION: Tabled to April 16, 2008
MOTION: DuBois SECOND: Dantas VOTE: 5-0-0
3. Versman Residence DR6080048 / 1 minute Nicole
Final review for an addition (garage)
4230 Spruce Way/Lot 1, Block 7, Bighorn 3`d Addition
Applicant: Ken & Linda Versman, represented by VAg, Inc.
ACTION: Tabled to April 16, 2008
MOTION: DuBois SECOND: Gillette VOTE: 5-0-0
4. Fischer Residence DRB080067 / 15 minutes Bill
Conceptual review of new construction (duplex)
3796 Lupine Drive/ Lot 7, Bighorn Filing 2
Applicant: Steven Fischer, represented by John G. Martin, Architect
ACTION: Conceptual, no vote
Page 1
~
5. KC Buffehr Creek Residence DRB080045 / 15 minutes - Nicole
Final review for new construction (single-family)
1687 Buffehr Creek Road/Lot 2, Block 1, Eleni Zniemer Subdivision
Applicant: KC Buffehr Creek, LLC, represented by Scott S. Turnipseed
ACTION: Approved with condition(s)
MOTION: DuBois SECOND: Dantas VOTE: 5-0-0
CONDITION(S):
1. The applicant shall provide stone column w/cap retaining wall transitions on the east side
of structure and shall provide revised plans subject to Staff approval at the time of building
permit submittal.
2. The applicant shall change the proposed boulder walls on the west side of the structure to
concrete with stone veneer to match the east side and provide stone column w/cap retaining
wall transitions and shall provide revised plans subject to Staff approval at the time of
building permit submittal.
3. The applicant shall remove the window shutters from the south elevation at the studio and
master bath and shall provide revised plans subject to Staff approval at the time of building
permit submittal.
4. The applicant shall receive approval, and record with Eagte County, an amended plat prior
to Temporary Certificate of Occupancy or Certificate of Occupancy, whichever occurs first.
5. The applicant shall provide a PE stamped detail with factor of safety design parameters
for all retaining walls over 4' and any combination retaining walls prior to Temporary
Certificate of Occupancy or Certificate of Occupancy, whichever occurs first.
FINDINGS FOR MODIFICATION TO BUILDING ENVELOPE:
1. The proposed modification to the building envelope does not substantially result in any
negative impacts upon the site, adjoining property, or have any adverse impact upon
required geologic hazard considerations.
2. The applicant has submitted the required written approval of the joint property owner/
association.
3. The proposed modification to the building envelope does not exceed 15 feet and the
proposed structure does not encroach into the 20 foot setback.
6. Town of Vail DRB080029 / 1 minute Nicole
Final review for new construction (kiosks)
Vail Village and Lionshead
Applicant: Town of Vail, represented by Todd Oppenheimer
ACTION: Tabled to April 16, 2008
MOTION: Gillette SECOND: DuBois VOTE: 5-0-0
7. Vail Cascade Resort and Spa DR6080081 / 15 minutes Nicole
Conceptual review for a minor alteration (patio enclosures)
1300 Westhaven Drive/Cascade Village, Area A
Applicant: Destination Hotels and resorts, represented by JG Johnson Architects
ACTION: Conceptual, no vote
8. Selection of Chairperson
ACTION: Appoint Pete Dunning
MOTION: Gillette SECOND: Plante VOTE: 5-0-0
Page 2
,
t
9. Selection of Vice-Chairperson
ACTION: Appoint Mike Dantas
MOTION: Gillette SECOND: DuBois VOTE: 5-0-0
Staff Approved
Lions Square Lodge North DRB080011 Bill
Final review for a change to the approved plans (interior/exterior)
660 W. Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3
Applicant: Lions Square Lodge North HOA, represented by J.L. Viele Construction
Rumford Residence DRB080032 Nicole
Final review for a minor alteration (landscape)
675 Forest Road/Lot 4, Block 2, Vail Village Filing 6
Applicant: Fred & Thea Rumford, represented by Sonesmac
Town of Vail DRB080053 Rachel
Final review for a new sign (Plum TV)
241 S. Frontage Rd/Lot 1, Block 2, Vail Lionshead Filing 1
Applicant: Jason Katzman, Plum N
Kaufman Residence DR6080055 Warren
Final review for an addition (bedroom/bathroom)
1498 Springhill Lane/Lot 16, Block 3, Vail Valley Filing 1
Applicant: Andrew Kaufman
Summers Lodge DRB080058 Rachel
Final review for a minor alteration (landscaping)
123 Willow Place/Summers Lodge
Applicant: Donald Zale
Geroca S.C. DR6080060 . Warren
Final review for a change to the approved plans (window/door)
68 East Meadow Dr./ Lot 5D, Village Inn Plaza
Applicant: Mark Donaldson
Timber Falls HOA DRB080061 Warren
Final review for a minor alteration (decks)
4459 Timberfalls Court/TimberFalls Condominiums
Applicant: Patrick Koehn, Timberfalls HOA President
Dikeou Residence DRB080063 Bill
Final review for changes to approved plans (lights)
3526 Beaver Dam Circle/ Lot 5, Block 3, Vail Village Filing 3
Applicant: Panayes J. Dikeou, represented by AH Architecture, PC .
Vail Golf Course Townhomes DR6080065 Warren Final review for a minor alteration (balcony railings)
1630 Sunburst Drive, Units 16-26/ Lot 1, Sunburst Filing 3
Applicant: Vail Golf Course Townhomes Association, Phase II, represented DGN Inc.
Page 3
f
Manor Vail DRB080069 Warren
Final review for changes to approved plans (condenser unit)
595 Vail Valley Drive, Unit 351/ Lots A, B, C, Vail Village Filing 7
Applicant: Manor Vail Condo Association, represented by GE Johnson Construction
Hobbit Hill HOA DRB080070 Bill
Final review for a minor alteration (fagade, entry, decks)
1546 Matterhorn Circle/ Unplatted
Applicant: Hobbit Hill HOA, represented by Studio Spinnato, Inc.
McCluer Residence DRB080071 Bill
Final review for a minor alteration (fireplace removal and windows)
1090 Vail View Drive, Unit #10/ Lot B-1, Block B, Lion's Ridge Filing 1
, Applicanf: Frank McCluer
Spring Hill Lane, LLC Residence DR6080079 Warren
Final review of an addition of GRFA (new bedroom and bath)
1498 Spring Hill Lane/ Lot 16, Block 3, Vail Valley Filing 1
Applicant: Spring Hill Lane LLC, represented by Tim Zarlengo
Rucksack Building DR6080080 Scot
Final review for changes to approved plans
288 Bridge Street/ Lot 5, Block 5A, Vail Village Filing 1
Applicant: Bridge Street Building, LLC, represented by Jay Peterson
Chappel Residence DRB080037 Bill
Final review for a minor alteration (hot tub/patio/fire pit)
1797 Alpine Drive/Lot 40, Vail Village West Filing 1
Applicant: Erin & Don Chappel, represented by Ric Fields
Maslak Residence DRB080064 Bill
Final review for changes to approved plans (storage)
1979 Sunburst Drive/ Lot 12, Vail Valley Filing 3
Applicant: Samuel and Luleta Maslak, represented by GPSL Architects
Cole Port LP Residence DRB080076 Nicole
Final review of an addition of GRFA (bedrooms)
1476 Westhaven Drive, Unit 22/ Lot 53, Glen Lyon Subdivision
Applicant: Cole Port, LP, represented by SRE Builders
Leith Residence DR6080059 Nicole
Final review for an addition (bedrooms)
4708 Meadow Dr., #1A/Bighorn Townhomes
Applicant: Larry and Marci Leith
Blumberg Residence DR6080078 Bill
Final review of an addition (study) '
366 Forest Road/ Lot 2, Block 1, Vail Village Filing 3
Applicant: MDJ S&S Partnership, represented by Peel/Langenwalter Architects
Page 4 .
{
Safeway DRB080084 Rachel
Final review for signs (business, building ID)
2171 N Frontage Rd/ Lot 3, Vail das Schone Filing 3
Applicant: Safeway Stores 46 Inc
The applications and information about the proposals are available for public inspection during regular office
hours in the project planner's office, located at the Town of Vail Community Development Department, 75
South Frontage Road. Please call 479-2138 for information.
Sign language interpretation available upon request with 24 hour notification. Please call 479-2356,
Telephone for the Hearing Impaired, for information.
Page 5
MEMORANDUM
TO: Town Council
FROM: Community Development Department
DATE: April 15, 2008
SUBJECT: Request for direction, with regard to the redevelopment of the Lionshead
Centre building, on the degree of compliance expected with the build-to lines,
view corridors, Gore Creek connection and transportation recommendations
set-forth in the Lionshead Redevelopment Master Plan.
Applicant: Lionshead Centre Homeowner's Association, represented by
Bill Watts of Watts Development Company
Planner: Nicole Peterson
1. DESCRIPTION OF REQUEST
Prior to submitting a formal application for redevelopment of the Lionshead
Centre, the appl-icant would like direction regarding the use of Town owned land
as it relates to the recommendations set forth in the Lionshead Redevelopment
Master Plan.
. Staff will share a PowerPoint presentation that includes excerpts and plans from
the Lionshead Redevelopment Master Plan, photos and preliminary plans from
the applicant. The main objective of the presentation is to facilitate discussion .
that answers the question:
"What degree of compliance is the applicant expected to
provide with regard to the build-to lines, view corridors, Gore
Creek connection and transportation recommendations set-
forth in the Lionshead Redevelopment Master Plan?"
II. BACKGROUND
On February 5, 2008 the Town Council granted permission to proceed through
the Town's development review process with a proposal to make improvements
on Town of Vail owned Tracts C, G, H Vail Lionshead Filing 1 and East
Lionshead Circle right-of-way, generally located between the Treetops,
Lionshead Arcade and Lionshead Center properties.
The subject property (Lionshead Centre property, Lot 5, Block 1 Vail/Lionshead
First Filing) is 40,194 square feet. The Town-owned land that is recommended .
by the Master Plan to be developed is approximately 8,318 square feet. The
existing Lionshead Centre building footprint is 22,810 square feet. The existing
building includes 25 dwelling units or 38,750 square feet of residential and
19,850 square feet of retail/commercial.
Page 1 of 3
~
~
The preliminary proposal for the redevelopment includes a building footprint of
approximately 32,000 square feet. The preliminary plan for the ground floor
includes approximately 22,000 square feet of retail/commercial (includes -3,000
sf on Town-owned land) and 10,000 square feet of residential dwelling units.
III. STAFF RECOMMENDATION
Staff recommends that the Council provides direction to the applicant on the
following Master Plan issues prior to final submittal of a redevelopment application.
• Build-to lines
• View Corridors
• Gore Creek connection
• Transportation
IV. ATTACHMENTS
Attachment A: Vicinity Map
Page 2 of 3
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MEMORANDUM
TO: . Town Council
FROM: Community Development Department
DATE: flpril 15, 2008
SUBJECT: Request for direction, with regard to the redevelopment of the Lionshead
Centre building, on the degree of compliance expected with the build-to lines,
view corridors, Gore Creek connection and transportation recommendations
set-forth in the Lionshead Redevelopment Master Plan.
Applicant: Lionshead Centre Homeowner's Association, represented by
Bill Watts of Watts Development Company
Planner: Nicole Peterson
1. DESCRIPTION OF REQUEST
Prior to submitting a formal application for redevelopment of the Lionshead
Centre, the app4icant would like direction regarding the use of Town owned land
as it relates to the recommendations set forth in the Lionshead Redevelopment
Master Plan.
Staff will share a PowerPoint presentation that includes excerpts and plans from
the Lionshead Redevelopment Master Plan, photos and preliminary plans from
the applicant. The main objective of the presentation is to facilitate discussion .
that answers the question:
"What degree of compliance is the applicant expected to
provide with regard to the build-to lines, view corridors, Gore
Creek connection and transportation recommendations set-
forth in the Lionshead Redevelopment Master Plan?"
II. BACKGROUND
On February 5, 2008 the Town Council granted permission to proceed through
the Town's development review process with a proposal to make improvements
on Town of Vail owned Tracts C, G, H Vail Lionshead Filing 1 and East
Lionshead Circle right-of-way, generally located between the Treetops,
Lionshead Arcade and Lionshead Center properties.
The subject property (Lionshead Centre property, Lot 5, Block 1 Vail/Lionshead
First Filing) is 40,194 square feet. The Town-owned land that is recommended .
by the Master Plan to be developed is approximately 8,318 square feet. The
existing Lionshead Centre building footprint is 22,810 square feet. The existing
building includes 25 dwelling units or 38,750 square feet of residential -and
19,850 square feet of retail/commercial.
Page 1 of 3
,
?
The preliminary proposal for the redevelopment includes a building footprint of
approximately 32,000 square feet. The preliminary plan for the ground floor
includes approximately 22,000 square feet of retail/commercial (includes -3,000
sf on Town-owned land) and 10,000 square feet of residential dwelling units.
III. STAFF RECOMMENDATION
Staff recommends that the Council provides direction to the applicant on the
following Master Plan issues prior to final submittal of a redevelopment application.
• Build-to lines
• View Corridors
• Gore Creek connection
• Transportation
IV. ATTACHMENTS
Attachment A: Vicinity Map
Page 2 of 3
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MEMORANDUM
TO: Town Council
FROM: Community Development Department
DATE: April 15, 2008
SUBJECT: Work session for Ordinance No. 1, 5eries of 2008, an ordinance
amending Chapters 12-23, Commercial Linkage and 12-24,
Inclusionary Zoning, Vail Town Code, to establish standards and
criteria related to mitigating employee housing requirements, and
setting forth details in regard thereto.
Applicant: Town of Vail,
Represented by Nina Timm, Housing Coordinator
Planner: Bill Gibson
1. DESCRIPTION OF THE REQUEST
The applicant, Town of Vail, is requesting a work session to discuss the
proposed Ordinance No. 1, Series of 2008, for text amendments to Chapters 12-
23, Commercial Linkage and.12-24, Inclusionary Zoning, Vail Town Code, to
establish standards and criteria related to mitigating employee housing
requirements, and setting forth details in regard thereto.
Due to concerns of ambiguity in the current inclusionary zoning and commercial
linkage requirements, the Planning and Environmental Commission requested
that Staff prepare text amendments to articulate the Town's prioritization of the
employee housing mitigation methods and to clarify the basis upon which an
employee housing plan should be evaluated.
Based upon input and direction from the Vail Local Housing Authority at their
December and February meetings, and from the Town Council at their January
retreat; Staff has drafted proposed text amendments that prioritize the
inclusionary zoning and commercial linkage mitigation methods and establish a
set of review criteria for evaluating a housing plan. Staff has taken this
opportunity to also address numerous minor "code clean-up" items relevant to
the inclusionary zoning and commercial linkage regulations.
Section III of this memorandum outlines discussion items for the work session in
a question and answer format. Staff is requesting the Council listens to a Staff
presentation, asks questions, and requests any additional information from Staff
that the Council believes will be helpful in the review of this proposal.
The applicant is also requesting a first reading of the proposed Ordinance No. 1,
Series of 2008, for text amendments to Chapters 12-23, Commercial Linkage
and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and
criteria related to mitigating employee housing requirements, and setting forth
details in regard thereto, at the Council's evening hearing.
. 1
II. BACKGROUND
At its December 11, 2007, public hearing, the Planning and Environmental
Commission directed Staff to bring forward recommendations for amendments to
Chapters 12-23, Cammercial Linkage, and 12-24, Inclusionary Zoning, to better
define the Commission's role in reviewing Employee Housing Plans and to clarify
the priority of the five approved mitigation methods.
The Vail Local Housing Authority discussed the Commission's request at their
December 12, 2007, meeting. The Authority determined that the on-site
mitigation method is the highest priority and forwarded a recommendation that
half the required employee housing mitigation be required on-site for new
construction and demo/rebuild projects. The Commission discussed this recommendation and numerous other issues
related to employee housing at its January 14, 2008, public hearing.
At the Town Council's January 22, 2008, Council Member retreat and again at its
subsequent public hearings, the Town Council indicated that providing on-site
units is the most desirable employee housing mitigation method and fee-in-lieu is
the least desirable method, except when necessary to address partial
requirements. '
The proposed amendments to the Commercial Linkage and Inclusionary Zoning
standards were discussed by the Planning and Environmental Commission at its
February 11, 2008 public hearings.
The proposed amendments to the Commercial Linkage and Inclusionary Zoning
standards were discussed by the Vail Local Housing Authority at its February 14,
2008, meeting.
On February 25, 2008, the Planning and Environmental Commission voted 4-3-0
(Gunion, Proper, and Viele opposed) to forward a recommendation of approval,
with modifications, for text amendments to the Commercial Linkage and
Inclusionary Zoning employee housing mitigation requirements.
In summary, the Vail Local Housing Authority and the Planning and
Environmental Commission are both recommending that no less than one-half
(1/2) of the emp(oyee housing mitigation requirements for new and demo/rebuild
projects be provided by "on-site units".
The remaining one-half of the employee housing requirements for such
projects, and the entire requirement for all other types of applicable development
projects, would be addressed through the any combination of the five available
mitigation methods (i.e. on-site units, conveyance of property on-site, off-site
units, conveyance of property off-site, payment of fee-in-lieu). Developers will be
allowed to select the mitigation method, or methods, that are most advantageous
to their circumstances when presenting an Employee Housing Plan to the Town
for review.
Numerous clarifications and "c(ean-ups" fo the Commerciat Linkage, Inclusionary
Zoning, and several other related regulations have also been incorporated into
2
the proposed ordinance. Staff does not believe these "clean-ups" create any
substantive policy changes. ° .
On March 18, 2008, the Town Council held a work session to discuss the
proposed amendments. .
Ordinance No. 1, Series of 2008, (Attachment A), and the March 10, 2008, Staff
memorandum to the Planning and Environmental Commission (Attachment B)
have been attached for reference.
III. WORK SESSION .DISCUSSION ITEMS
What Staff heard?
At the Counci!'s March 18t' work session, the Council requested this item be
placed on the Aprit 15th work session agenda to allow Staff an opportunity to
provide a detailed overview of the proposal and to allow the Council to request
additional information.
One Council member asked if Staff had considered an incentive system that
didn't reduce the overall mitigation requirements and commented that if a
developer proposed a better off-site housing plan that the on-site requirement
could be waived. Both of these issues are addressed later in this section.
The Council also requested the frrst reading of the proposed Ordinance No. 1,
Series of 2008 be placed on the evening meeting agenda to a!!ow for public input
and discussion concerning the proposal.
Do the proposed amendments change a developer's employee housing
mitigation requirements?
The proposed amendments do not modify how much employee housing
mitigation is required for development projects. The proposed amendments only
modify which mitigation method may be used to meet the commercial linkage
and inclusionary requirements. Specifically, no less than one-half ('/z) a
developmenYs employee housing mitigation obligation must be accommodated
fhrough on-site units.
Which development projects will be affected by the proposed
amendments?
Both the current and proposed inclusionary zoning and commercial linkage
regulations only apply to high density residential, commercial, and mixed use
zone districts. These regulations do not apply to single-fami(y or two-family
• residences.
The proposed amendments prescribe that no less than one-half the
employee housing mitigation requirements be met on-site for new construction
and "demo/rebuild" development projects. "Additions", whether large or small, to
existing buildings will not be subject to this on-site unit requirement.
3
Why are on-site units the preferred method of mitigation?
On-site employee housing units are preferred over the other available mitigation
methods due to:
• the scarcity of developable land resources;
0 the fnancial, 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;
a an opportunity to improve the Town's sense of community; on-site units
create "live-work° opportunities;
• on-site units create less demand on, and impact to, the Town's
infrastructure; • the Town of Vail has an opportunity to become a leader in addressing
employee housing within Eagle County; and,
• 70% of the community's workforce housing needs created by future
development are not addressed by these regulations.
Why require on-site units?
The Town Staff and most developers prefer to have a clear understanding of the
Town's regulations pertaining to development. If the Town's goals and policies
identify on-site units as the preferred employee housing mitigation method, then
the Town's regulations need to clearly express this expectation to meet such a
goal. A specific requirement that no less than one-half (1/2) the employee housing
mitigation required for new construction be provided with on-site units, creates
clear expectations for developers, the public, Staff, plus the elected officials and
appointed boards.
What alternative to requiring on-site units did the Planning and
Environmental Commission consider?
The Planning and Environmental Commission considered "weighting" the
employee housing mitigation rates, but determined the employee housing
obligations resulting from such a system would not be desirable. Rather than
reducing the minimum mitigation obligations for on-site units, the Commission
considered increasing the mitigation rates for the off-site and fee-in-lieu
mitigation methods.
Based upon a Staff analysis, substantial rate increases would be necessary to
"equalize" these methods with the on-site unit method. The off-site unit
mitigation rate would need to increase from 10% to 50% for inclusionary zoning
and from 20% to 100% for commercial linkage. The Fee-in-lieu mitigation rate
would need to increase from 10% to 21.25% for inclusionary zoning and from
20% to 26.5% for commercial linkage. Greater rate increases would be
necessary to create an incentive to construct on-site units (or to create an
adequate disincentive for the use of the other mitigation methods).
Are there any exceptions to the proposed on-site unit mitigation
requirements?
4
Yes. The proposed on-site unit mitigation requirement could be waived if
implementation of the on-site unit method: conflicts with the Town's zoning
regulations or master plans, exceptional conditions exist that will prevent the
units construction, or the developer proposes an employee housing mitigation
plan that better achieves the Town's goals than on-site units.
What incentives do the inclusionary zoning and commercial linkage
mitigation regulations provide for on-site employee hoasing units?
Currently, the Town Code provides two very significant incentive.s for the
construction of on-site employee housing units. The Town Code excludes these
employee housing units from the calculation of density (i.e. units per acre)
allowed on a development site. Therefore, there is no limit to the number of
employee housing units allowed on a development site. The Town Code also
excludes these employee housing units from the calculation of ailowable Gross
Residential Floor Area (GRFA).
The proposed text amendments will add another significant incentive for the
construction of on-site employee housing units. At the discretion of the
governing body (StafF, PEC, or Council), varia tions (i.e. reductions) may be
granted to the parking requirements for on-site employee housing units based
upon the same review criteria outlined in the Housing District to establish parking
requirements for employee housing projects such as Middle. Creek, Timber
Ridge, and Solar Vail.
Can the Council adjust (i.e. increase) the inctusionary zoning and
commercial linkage mitigation requirements?
Yes. The current 10% inclusionary zoning and 20% commercial linkage
requirements are minimum mitigation rates necessary to achieve the Town
Council's goal of housing at least 30% of Vail workforce within the Town of Vail.
Can a development provide its employee housing mitigation requiPements
outside the Town of Vail?
No. Providing employee housing outside the Town of Vail will not achieve the
Town Council's goal of housing at least 30% of Vail workforce within the Town of
Vail.
If development within the Town of Vail slows, how will new employee
housing be created?
The intent of commercial linkage and inclusionary zoning is to "keep upn with the
net new employee housing needs generated by development projects.
Therefore, if development slows, the need for net new employee housing will
also slow. These regulations are not intended to "catch-up" with the Town's
existing employee housing deficiencies. These existing housing deficiencies
must be addressed through other policies and programs.
5
!V. CRITERIA FOR REVIEW
The criteria outlined in Section VI of Staff's March 10, 2008, memorandum to the
Planning and Environmental Commission shall be used as the principal criteria in
evaluating the merits of the proposed special development district.
V. STAFF RECOMMENDATION
The Community Development Department recommends the Town Council
approves Ordinance No. 1, Series of 2008, on first reading to amend Chapters
12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to
establish standards and criteria related to mitigating employee housing
requirements, and setting forth details in regard thereto.
Should the Town Council choose to approve these text amendments, the
Community Development Department recommends the Town Council pass the
following motion:
"The Town Counci/ approves, on first reading, Ordrnance No. 1, Series
of 2008, an ordinance amending Chapters 12-23, Commercial Lrnkage
and 12-24, !nclusionary Zoning, Vail Town Gode, fo establish standards
and criteria related to mitigating employee housing requirements, and
setting forth details in regard thereto."
Should the Town Council choose to approve Ordinance No. 1, Series of 2008, on
first reading, the Community Development Department recommends the Town
Council makes the following findings:
"1. Thaf the amendments are consistent witfr the applicable elements of
the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and are compatible with the development
objectives of the Town, 6ased upon Section VI of the Staff
memorandum dated March 10, 2008, and the evidence and testimony
presented; and,
2. That the amendments further the general and specific purposes of
Zoning Regulations, based upon Section VI of the Staff inemorandum
dated March 10, 2008, and the evidence and testimony presented;
and,
3. That the amendments promote the 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 nafural environment and its established eharacter as a resort and
residenfial community of the highest quality, based upon Section VI of
the Staff inemorandum dated March 10, 2008, and the. evidence and
testimony presented. "
VI. ATTACHMENTS
Attachment A: Ordinance No. 1, Series of 2008
Attachment B: March 10, 2008, Staff memorandum to the Planning and
Environmental Commission
6
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-FAMILI(
RESIDENTIAL DISTRICT; 12-613, TWO-FAMILY PRIMARY/SECONDARY
RESIDENTIAL DISTRICT; 12-6E, RESIDENTIAL CLUSTER DISTRICT; 12-617,
LOW DENSITY MULTIPLE-FAMILY DISTRICT; 12-6G, MEDIUM DENSITY
MULTIPLE-FAMILY DISTRICT; 12-61-1, HIGH DENSITY MULTIPLE-FAMILY
DISTRICT; 12-61, HOUSING DISTRICT; 12-7A, PUBLIC ACCOMMODATION
DISTRICT; 12-7B, COMMERCIAL CORE 1 DISTRICT; 12-7C, COMMERCIAL
CORE 2 DISTRICT; 12-71), COMMERCIAL CORE 3 DISTRICT; 12-7E,
COMMERCIAL SERVICE CENTER; 12-717, ARTERIAL BUS9NESS 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; 12-813, SKI
BASElRECREATION DISTRICT; 12-8E, SKI BASE/RECREATION 2 DISTRICT;
12-913, PARKING DISTRICT; 12-9C, GENERAL USE;, CHAPTER 12-13,
EMPLOYEE HOUSiNG, CHAPTER 12-23, COMMERCIAL LINKAGE, AND
CHAPTER 12-24, INCLUSIONARY ZONING, AND SETTING FORTH DETAILS
IN REGARD THERETO.
WHEREAS, on March 10, 2008, the Planning and Environmental Commission of the
Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval
for the proposed text amendments to the Zoning Regulations to the Vail Town Council in
accordance with the procedures and criteria and findings outtined in Chapter 12-3 of the Zoning
Regulations of the Town of Vail; and,
WHEREAS, the Town Council finds and determines the provisions of Chapter 12-23,
Commercial Linkage and Chapter 12-24, Inclusionary Zoning, Vail Town Code, must be
amended to clarify the basis on which Employee Housing Plans shall be reviewed; and,
WHEREAS, the Town Council finds and determines that the amendments are consistent
with the applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development objectives of the Town, based
upon Section VI of the Staff memorandum to the Planning and Environmental Commission
dated March 10, 2008, and the evidence and testimony presented; and,
WHEREAS, the Town Council finds and determines that the amendments further the
general and specific purposes of the Zoning Regulations, based upon Section VI of the Staff
memorandum to the Planning and Environmental Commission dated March 10, 2008, and the
evidence and testimony presented; and,
WHEREAS, the Town Council finds and determines that the amendments promote the
health, safety, morals, and general weffare 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
we(fare will be served by these adopting regulations, based upon Section VI of the Staff
. memorandum to the Planning and Enviranmental 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#gketh~qugh, text that is to be added is bold. Sections of text
that are not amended have been omitted.)
12-2-2: Definitions of Words and Terms
FLOOR AREA, NET : The total floor area
within the enclosing walls of a structure not including the following:
A. Areas specifrcally designed and used for mechanical equipment to operate the building.
8. Stairways.
C. Elevafors.
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 (59/0) of fhe tofa/ proposed net floor area for
office and not to exceed eight percent (8%) of fhe total proposed net floor area for retail.
"Common areas" are spaces for which all tenanfs in the building contribute toward the upkeep
and maiFltenance fhereof and are nof used for employee working areas.
Section 2. Article 12-6A, Hillside Residential District, of the Vail Town Code is
hereby amentled as follows (text to be deleted is in strikethr-oug#, text that is to be added is
bold. Sections of text that are not amended have been omitted.)
12-6A-2: PERMITTED USES:
The following uses shall be permitted in the HR district:
Single-family residenfial dwellings.
2 Ordinance No. 1, Series of 2008, first reading
' Emplayee Housing Units, as furtfrer regulated by
chapter 13 of fF?is title.
> > -
Section 3. Article 12-66, Single Family Residential District, of the Vail Town Code is
hereby amended as follaws (text to be deleted is in , text that is to be added is
bold. Sections of text that are not amended have been omitted.)
.92-68-2: PERMITTED USES:
The following uses shall be permitfed in fhe SFR disfrict:
Single-family residential dwellings.
Type-l~ ' Emplayee Housinq Units, as further regulated by
chapfer 13 of this frtle.
. , .
Section 4. Article 12-6C, Two-Famify Residential District, of the Vail Town Code is
hereby amended as follows (text to be deleted is in sWkethmugh, text that is to be added is
bold. Sections of fext 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.
Type4 eFnpiGyee housing uni Employee Housing Units, as further regulated by
chapter 13 of this title.
, as fudher- regulated by Ghapter- 13 of this title.
Type W engployee housing units, •
Section 5. Article 12-613, Two-Family Prima ry/Seconda ry Residential District, of the
Vail Town Code is hereby amended as follows (text to be deleted is in st*ethrGugh, text that is
fo 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.
TyW " Employee Housinq Units, as further regulated by
chapter 13 of this fitle.
, .
, .
Section 6. Article 12-6E, Residential Cluster District, of the Vai) Town Code is
hereby amended as follows (text to be deleted is in , text that is to be added is
bold. Sections of text that are not amended have been omitted.)
12-6E-2: PERMlTTED 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.
3 Ordinance No. 1, Series of 2008, first reading
Single-family residential dwellings.
. Two-family residential dwellings.
Employee Housing Units, as further regulated by chapter 13 of fhis title.
12-6E-3: CONDITIONAL USES:
The foilowing conditionai uses sha11 be permitted in the RC district, subject to issuance of
a canditional use permit in accordance with the provisians of chapter 16 of this title:
Bed and breakfasts as furtherregulated by section 12-14-98 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 regulafed by section 12-14-12 of this title.
Private clubs.
Professional offi-ce, as further regulated by subsection 12-16-7A13 of this title.
Public buildings, grounds and facilities.
Public or private schools.
Public park and recreafion facilities.
Public ufilify and public service uses.
Ski lifts and tows.
Type 11 •
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Section 7. Article 12-6F, Low Density Muitiple-Family District, of the Vail Town Code
is hereby amended as foliows (text to be deleted is in sft*ethFeugh, 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 shaH be permitted in the LDMF district:
Multiple-family residential dwellings, including attached ar row dwellings and
condominium dwellings.
Single-family residential dwellings.
Two-family residential dwellings.
Ty
Employee Housing Units, as further regulated by chapter 93 of this fitle.
12-6F-3: CONDITIONAL USES:
The following conditional uses shail be permitted in the LDMF district, subjecf fo
issuance of a conditional use permit in accordance with the provisions of chapfer 16 of
rhis title:
Bed and breakfasts as further regulated by section 12-14-1 8 of this title.
Dog kennels. Funiculars and other similar conveyances.
Home child daycare faci/ities as further regulated by section 12-14-92 of fhis title.
Private clubs.
Public and private schoo/s.
Public buildings, grounds and facilities.
Public park and recreatron facilities.
Public utility and public service uses.
Ski lifts and tows.
4 Ordinance No. 1, Series of 2008, first reading
-TA, Ipe-' I 1-' .
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Section 8. Articie 12-6G, Medium Density Multiple-Family District, of the Vail Town
Code is hereby amended as follows (text to be deleted is in s#gket#r-eugh, text that is to be
added is bold. Sections of text that are not amended have been omitted.)
12-6G-2: PERMI TTED USES:
The following uses shall be permitted in the LDMF district:
Multiple-family residential dwellings, including aftached or row dwellings and
condominium dwellings.
Single-family residential dwellings.
Two-family residential dwellings.
. ' Emplvyee Housing Unifs, as further regulated by
chapter 13 of this title.
12-6G-3: CONDITIONAL USES:
The following conditional uses shall be permrtted in the LDMF districf, subject to
issuance of a conditional use permit in accordance with the provisions of chapter 16 of
this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Dog kennels.
Funiculars and other similar conveyances.
Home child daycare facilities as furtherregulated by section 12-14-12 of fhis title.
Privafe clubs.
Public and private schools.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public senrice uses. .
Ski Irfts and tows.
TIJne /1l emnlnvoo Hni~c~imni+ ~~nif c~ /GLJI !1 n~. nrn~iii-I i-1 in nhnn+nr Q? of IF,' -
I'Fl
~~vu~ - - -
•~r .
Emplayee 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 nfriLofhreurrF+ text that is to be
added is bold. Sections of text that are not amended have been omitted.)
12-6H-2: PERMl1'TED USES: The following uses shall be permitted in the HDMF distFict:
Lodges, including accessory eafing, drinking, recreational or retail establishments,
/ocated within fhe principal use and not occupying more than ten percent (10%) of the.
total gross residential tloor area (GRFA) of the main structure or structures on the site;
additional accessory drning areas may be located on an outdoor deck, porch, or terrace.
Multiple-family residential dwellings, including attached or row dwellings and ,
condominium dwellings.
Type 1~ ' Employee Housing Units, as further regulated by
chapter 13 of this title.
12-6H-3: CONDITIONAL USES:
5 Ordinance No. 1, Series of 2008, first reading
The following condifional uses shall be permifted in the HDMF district, subjecf to
issuance of a conditional use permif in accordance with the provisions of chapfer 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.
Priuate clubs and civic, cultural and fraternal organizations.
Private parking sfructures. .
Private unstructured parking.
Public and private schoo/s.
Public buildings, grounds and facilities.
Public park and recreation faci/ities.
Public parking structures.
Public transportation terminals.
Public unstructured parking.
Public utility and public service uses.
Religious institutions.
Ski lifts and tows.
Timeshare units.
Empioyee Housing Unifs, as further regulated by Chapter 13 of this Title.
Section 10. Articie 12-61, Housing District, of the Vail Town Code is hereby amended _
as follows (text to be deleted is in s#4kethroug#, 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 disfrict:
Bicycle and pedestrian paths.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Passive outdoor recreation areas, and open space.
92-61-3: 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 chapfer 16 of fhis titfe:
Commercia/ uses which are secondary and incidental (as determined by the planning
and environmental commission) to the use of employee housing and specifically serving
the needs of the residenfs of fhe development, and devefoped in conjunction writh
employee housing, in which case the following uses may be allowed subject to a
conditional use permit:
Banks and financial insfitutions.
Business offices and professional offices as further regulated by secfion 12-16-7 of fhis title.
Ch'ild daycare facilities.
Eating and drinking establishments.
Funiculars and other similar conveyances.
( Ordinance No. 1, Series of 2008, first reading
,:M~~ ,
Health clubs.
Personal services, including, but not limited fo, laundromats, beauty and barber shops,
tailor shops, and similar services.
Refail stores and establishments.
Dwelling units (not employee housing units) subfect to the fol/owing criterra to be
evaluated by the planning and environmental commissian:
A. Dwelling units are created solely for the purpose of subsidizing employee housing
on the property, and
8. Dwelling units are not the primary use of the property. The GRFA for dwelling
units shall not exceed thirty percent (30%) of the total GRFA constructed on the
property, and
C. Dwelling units are only creafed in conjunction with employee housing, and
D. Dwe!lrng units are compafible with the proposed uses and buildings on the site
and are compatible with buildings and uses on adjacent properties.
Outdoor patios.
Public and private schoo/s.
Public buildings, grounds and facilities.
. Public parks and recreational facilities.
Public utilities installafions rncluding transmissron lines and appurfenant equipment.
-Type wRp"e housipg uni Employee Housing Units, as further regulated by
chapter 13 of this title.
Section 11. Article 12-7A, Public Accommodation District, of the Vail Town Code is
hereby amended as follows (text to be deleted is in s#-r*°f~;; ^~h, text that is to be added is
bold. Sections of text that are not amended have been omitted.)
12-7A-2: PERMITTED USES:
The following uses shall be permitted in the PA district:
Lodges, including accessory eating, drinking, or retail establishments located within the
principal use and not occupying more than ten percent (90%) of fhe total gross
residential floor area of the main structure or structures on the site; additional accessory
dining areas may be locafed on an outdoor deck, porch, or terrace.
' Employee Housing Units, as furfher regulated by
chapfer 13 of this title.
12-7A-3: CONDITIONAL USES:
The following conditional uses shall be permitted in fhe PA districf, subject to issuance of
a conditional use permit in accordance with the provisions of chapter 96 of this title:
Bed and breakfasfs, as furtherregulated by sectron 92-94-98 of this trtle.
Fractional fee club units as further regulated by subsection 12-16-7A8 of this title.
Healthcare facilitres.
Lodges, including accessory eating, drinking, or retail esfablishments located within the
principal use and occupying between ten percent (1010) and fifteen percent (1591o) of the
total gross residential floor area of the main sfructure or structures on the site.
Major arcades.
Private clubs and civic, cultural and fraternal organizations.
Private parking structures.
Private unstrucfured parking.
Professional and business offices.
7 Ordinance No. 1, Series of 2008, first reading
Public and private schools.
Public buildings, grounds and facilities.
Public parking structures.
Pubiic parks and recreational facilities.
Public transportation terminals.
Public unstructured parking.
Public utility and public service uses.
Religious institutions.
Ski lifts and tows.
Theaters and converitron facilities.
Type 9 .
Employee Housing Unifs, as further regulated by Ghapter 13 of fhis Tifle.
Section 12. Article 12-76, Commercial Core 1 District, of the Vail Town Code is '
hereby amended as follows (text to be deleted is in stF*ethr-eugh, 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:
8. Permitfed Uses: The following uses shall be permitted in basement or garden
levels within a structure:
8. T-ype-1~ employee housing units, as further regulated by chapfer 13 of this title.
12-78-3: PERMITTED AND CONDITIONAL USES; F(RST 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 Housinq Units, as further regulated
by chapfer 93 of this tifle.
12-78-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR: .
A. Permitted Uses; Excepfion: The following uses shall be permitted on the second
floor above grade within a structure; provided, however, that a conditianal use permit
will be required in accordance with chapter 96 of this title for any use which
eliminates any existing dwelling or accommodation unit or any portion thereof:
8. T-ype-1Employee Housing Unifs, as further regulated
by chapter 13 of this tifle.
8. Conditional Uses: The following uses shall be permi(ted on second floors above
grade, subject to the issuance of a condifional use permit in accordance wifh the
provisions of chapter 16 of this title:
Dog kennels. .
Electronics sa/es and repair shops.
Household appliance stores.
Liquor stores.
Luggage stores.
Meeting rooms.
Outdoor patios.
• 8 Ordinance No. 1, Series of 2008, first reading
Theaters.
yp"T .
Emp/oyee Housing Units, as further regulated by Chapter 13 of this Tifle.
12-78-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR:
A.Permitted Uses: The following uses shall be permiited on any floor above the
second floor above grade:
Lodges.
Multiple-family residential dwellings.
-Type1 employee housing uni Employee Housing Units, as further regulated by
chapter 13 of this title.
8. Conditional Uses: The following uses shall be permiffed on any floor above the
second floor above grade, subject to fhe issuance of a condifional use permit in
accordance wifh fhe provisions of chapter 96 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 J~ .
Employee Housing Units, as further regulated by Chapter 13 of fhis Tifle.
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 s#ikethr-eugh, 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 permiffed in fhe commercial core 3 district:
Banks and financial institufions.
Eafing and drinking establishments, including the following:
Cocktail lounges and bars.
Coffee shops.
Fountain and sandwich shops.
Restaurants.
Health clubs.
Personal services and repair shops, including the following: Beaufy and barber shops.
Business and office services.
Cleaning and laundry pick up agencies wifhout bulk cleaning or dyeing.
Laundromats.
Shoe repair.
Small appliance repair shops, excluding fumiture repair.
Tailors and dressmakers.
Travel and ticket agencies.
Professional offices, business offices, and studios.
Retail stores and establishmenfs without limit as to floor area including the following:
Apparel sfores.
Art supply stores and galleries.
Aufo parts stores.
Bakeries and confectioneries, preparation of products for sale on the premises.
9 Ordinance No. 1, 5eries of 2008, first reading
Bookstores.
Building materials stores without outdoor storage.
Camera stores and photagraphic studios.
Candy stores.
Chinaware and glassware sfores.
Delicatessens and specialfy food stores.
Department and general merchandise stores.
Drugstores.
Electronics sa/es and repair shops.
Florists.
Food stores.
Furniture stores.
Gift shops.
Hardware stores.
Health food stores.
Hobby stores.
Household appliance stores.
Jewelry stores.
Leather goods stores.
Liquor stores.
. Music and record stores. Newsstands and tobacco stores.
Photographic studios.
Radio and television broadcasting studios.
Sporting goods stores.
Stationery stores.
Supermarkets.
Toy stores.
Variety stores. .
Yardage and dry goods stores.
Type 1 eFnpleyee housing ung Employee Housing Unifs, as further regulated by
chapfer 13 of this title.
Additional offices, business, or services determined to be similar to permitfed uses in
accordance vvith the provisions of this section.
92-7D-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 92-94-98 of this tifle.
• . Brew pubs.
Child daycare center.
Commercial laundry and cleaning services, bUlk plant.
Commercial storage.
Dag kennels.
Drive-up facilities.
Major arcades.
10 Ordinance No. 1, Series of 2008, first reading
Massage parlors.
Outside car wash.
Pef shops.
Public buildings, grounds, and facilrties.
Public park and recreation facilitres.
Public utility and public service uses.
Radio and television signal relay transmission facilities.
Theaters, meeting rooms, and convenfion facilities.
Transportation businesses.
Employee Housing Units, as further regulated by Chapter 13 of fhis Tit/e.
Section 14. Article 12-7E, Commercial Service Center District, of the Vail Town Code
is hereby amended as fol(ows (text to be deleted is in s#filcethr-eug#, text that is to be added is
botd. Sections of fext fhat are not amended have been omitted.)
12-7E-3: PERMlTTED USES:
The following uses shall tie permitted in the CSC district:
Banks and financial institutions.
Eating and drinking establrshmenfs, including the following:
Bakeries and delicafessens with food service.
Cocktail lounges and bars. Coffee shops.
Fountains and sandwich shops.
Resfaurants.
Personal services and repair shops, including the following:
Beauty and barber shops.
Business and office services.
Cleaning and laundry pick up agencies without bulk cleanrng or dyeing.
Laundromats.
Small appliance repair shops, excluding fumiture repair.
Tailors and dressmakers.
Travel and tickef agencies.
Professional offrces, business offices, and studios.
Retail sfores and establishments without limit as to floor area including fhe following:
Apparel sfores.
Art supply sfores and galleries.
Bakeries and confectioneries, including preparation of products for sale on the
premises.
Bookstores.
Buirding materials stores without outdoor storage.
Camera sfores and photographic studios.
Candy stores.
Chinaware and glassware stores.
Delicafessens and specialty food stores.
Department and general merchandise stores.
- Drugstores.
Elecfronics sales and repair shops.
Florists.
11 Ordinance No. 1, Series of 2008, first reading
Food stores.
Furniture stores.
Gift shops.
Hardware stores.
Hobby sfores. Household appliance stores.
Jewelry stores.
Leather goods stores.
Liquor stores.
Luggage stores.
Music and record stores.
Newsstands and fobacco stores.
Pet shops.
Photographic studios.
. Radio and television broadcasfing 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.
Empioyee housing units as further regulated in Chapter 13 of this Title.
12-7E-4: CONDITlONAL USES:
The following conditional uses shall be permitfed in the CSC disfrrct, subject to issuance
of a conditionat 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 92-14-18 of this title.
Bowling ailey.
Brew pubs.
Child daycare centers.
Commercial laundry and cleaning services.
Dog kennets.
Major arcades.
Multiple-family residential dwellings and lodges.
Outdoor operation of the accessory uses as set forth rn section 12-7E-5 of this
articte.
Private clubs.
Private parking structures.
Private unstructured parking.
Public buildings, grounds and facilities.
Pubfic park and recreation facilities.
Public utility and public seivice uses.
Ski lifts and tovvs.
Theaters, meetings rooms, and convention facilities.
12 Ordinance No. 1, Series of 2008, first reading
Employee Housing Units, as furfher regulafed by Chapter 93 of this Title.
Section 15. Article 12-7F, Arterial Business District, of the Vail Town Code is hereby
amended as foNows (text to be deleted is in str*ethr-eug#, text that is to be added is bold.
Sections of text that are not amended have been omitted.)
12-7F-3: PERMITTED USES:
The following uses shall be permifted in the arterial business district:
Eating and drinking establishments, as follows, are permitted on the frst (street)
Ievel:
Cockfai/ lounges and bars.
Coffee shops, fountains, sandwich shops and restaurant.
Personal services and reparr shops, as follows, are deemed to be generally
accessory and/or supportive of offrce uses and shall be permitted on fhe firsf (street)
level:
Beauty and barber shops.
Shoe reparr.
Tailors and dressmakers.
Travel and ticket agencies.
Professional offices, business offices and studios.
Radio and television broadcasting studios.
Retail stores and establishments, as f.ollows, are deemed to be generally accessory
and/or supportive of office uses and are therefore permifted 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 (streef) Ievel:
Art supply stores.
Bookstores.
Drugsfores.
Florisfs.
Newsstands.
Stationery stores.
Tobacco sfores.
Additional offices, businesses or services determined to be similar to permitted uses
in accordance with the provisions of section 12-7F-1 of this arfic/e.
Employee Housirrg Units, as further regulated by Chapter 13 of this Title.
12-717-4: CONDITIONAL USES:
A.Enumerafed: The following conditional uses shall be permitted in the arterial business
disfrict, subject to fhe issuance of a conditional use permit in accordance with the
provisions of chapter 96 of this title:
Any use permitted by secfion 12-7F-3 of thrs article, which is not conducted entirely
within a building.
Bed and breakfasts as further provided by section 12-14-18 of fhis title.
Brew pubs.
Child daycare cerifers.
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 Unifs, 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 foiiows (text to be deleted is in 44keth Fauo, text that is to be added is
boid. Sections of text that are not amended have been omitted.)
12-7H-2.' PERMITTED AND CONDfTIONAL USES; BASEMENT OR GARDEN LEVEL:
B.Permitted Uses: The following uses shall be permitted in basement or garden
levels within a structure:
BanRs and financial institutions.
Child daycare centers.
Commercial ski storage.
Eating and drinking establishmenfs.
Personal services and reparr shops.
Professronal offices, 6usiness offices and studios.
Public or private lackers and storage.
Recreation facilities.
Retarl establishments.
Skier ticketing, ski school and skier services.
Travel and tickef agencies.
Type !-~F ' Employee Housing Units, as further regulated by
chapter 13 of this ritle.
Additional uses determined to be similar to permiited uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this fitle.
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
levef wifhin a sfructure:
Banks, with walk-up teller facilities.
Chitd daycare centers.
Eatrng and drinking establishments.
Recreafion facilities.
Retail stores and establishments.
Skier ticketing, ski school and skier services.
Travel and ticket agencies.
Type--1eFnpleyee , ' Employee Housing Units, as furfher regulated by
chapter 13 of this title.
Additional uses determined to be similar to pe?mitted 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; SECOIVD FLOOR AND ABOVE:
A. Perrnitted Uses; Exception: The fo/lowing 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 residentral dwelling units, timeshare units, fractional fee clubs, lodge
dwelling unifs, an
e€#kis-We.
-Type-! ' Employee Housinq Units, as further regulated by
chapter 93 of this title.
Additional uses determined to be similar to permifted uses described in this
subsection, in accordance with the provisions of section 12-3-4 of fhis 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 s#iJcet#r-eUg#, text that is to be added is
bold. Sections of text that are not amended have been omitted.)
12-71-2: PERMlTTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL:
B. Permifted Uses: The following uses'shall be permitted in basement or garden levels
within a sfructure:
Banks and financial institutions.
Child daycare centers.
CommerciaJ ski storage.
Eating and drinking establishments.
Personal services and repair shops.
Professional offces, business offces and studios.
Public or private lockers and storage.
Recreation facilities. Retail establishments. Skier ticketing, ski school and skrer services.
Travel and ticket agencies.
-Type-E-~. k Employee Housing Units, as further regulated by
chapter 93 of this title.
Additional uses determined to be srmilar to permitted uses described in this
subsection, in accordance witli the provisions of section 12-3-4 of this title.
92-71-3: PERMITTED AND CONDITlONAL USES; FlRST FLOOR OR STREET LEVEL:
8. Permitted Uses: The following uses shall be permifted on the first floor or streef level
within a structure:
Banks, with walk-up teller facilities.
Child daycare centers.
Eating and drinking estabfrshments.
Recreation facilities.
Retail stores and establishments.
Skier ticketing, ski school and skrer services.
Travel and ticket agencies. .
T~~l~ " Employee Housing Units, as furfher regulated by
chapter 13 of this title.
Addifional uses determined fo 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 follo.wing uses shall be permiited on those floors
above the first floor within a structure:
Lodges and accommadation units.
Multiple-family residential dwelling units, timeshare units, fractronal fee clubs, lodge
dwelling units, and
o€this We)
Type-1-~ ' Employee Housing URits, 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 secfion 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 str4kethr-ougkt, text that is to be added is
bold. Sections of text that are not amended have been omitted.)
12-8A-3: CONDlTIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance wifh the provisions of chapter 16 of this title:
Any use wifhin public parks, recreation areas, and open spaces which involves
assemb/y 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 ancJ fishing lodges.
Public and private schools.
Religious institutions.
Semipublic and institutional uses, such as convents and religious retreats.
Ski lifts and tows.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Section 19. Article 12-8D, Ski Base Recreation District, of the Vail Town Code is
hereby amended as follows (text to be deleted is in , text that is to be added is
bold. Sections of text that are not amended have been omitted.)
12-8D-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the ski base/recreation district,
subject to the issuance of a conditional use permit in accordance with the provisions of
chapter 16 of this tifle:
Addition or expansion of storage buildings for mounfain equipment.
Additions or expansions of public or private parking strucfures 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 c/ubs.
Recreation room/minor arcade. Redevelopment of public parks, playgrounds.
Redevelopment of ski lifts and tows.
16 Ordinance No. 7, Series of 2008, first reading
Redevelopment of ski racing facilities.
Redevelopment of water storage exfraction and treatment facilrties.
Seasona/ structures to accommodate afhletic, culfural, or educational activities.
Summer outdoor storage for mountain equipment.
Summer seasona/ community offrces and programs.
Employee Housing Units, as further regulated by Chapfer 13 of this Title.
Section 20. Article 12-$E, Ski Base Recreation 2 District, of the Vail Town Code is
hereby amended as follows (text to be deleted is in sh*athFougfi, 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 condirional uses shall be permifted in fhe ski base/recreafion 2 district,
subject to the issuance of a conditional use permit in accordance with the provistons of
chapfer 16 of fhis tifle:
Brew pubs.
Fracfional fee units.
Outdoor dining decks and patios.
Private and public clubs.
Public utility and public service uses.
Employee Housing Units, as further requlated by Chapter 13 of this Title.
Addifional uses determined fo 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 , text that is to be added is bold. Sections of text
that are not amended have been omitted.)
12-38-3: CONDI TIONAL 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 transportatron, tourisf or town
related and that are accessory to a parking structure.
Temporary construction sfaging sites. For the purposes of this section, a"temporary
construction staging site" sha!l mean a sife on which, for a temporary period of time,
consfrucfion materials, heavy construction equipment, vehicles and consfruction trailers
may be stored.
Employee Mousing 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 , 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
92-9C-3: CONDITIONAL USES:
A. Generally: The following conditional uses shall be permitted in the GU district, subject
to issuance of a conditional use permit in accordance with the provisions of chapter
16 of this title:
Child daycare centers.
Equestrian trails.
Golf courses.
Healthcare facilities.
Helipad for emergency and/or community use.
Major arcades.
Plant and tree nurseries, and associated structures, excluding the sa/e of trees or
other nursery products, grown, produced or made on the premises.
Public and private parks and active outdoor recreation areas, facilities and uses.
Public and private schoo/s.
Public and quasi-public indoor community facilities.
Public buildings and grounds.
Public parking structure.
Public theaters, meeting rooms and convention facilities.
Public tourist/guest service related facilities.
Public transportafion terminals.
Public unsfructured parking.
Public ufilities installations including transmission lines and appurtenant equipment.
Religious institutions.
Seasonal structures or uses to accommodate educational, recreational or cultural
activifies.
Ski lifts, tows and runs.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Water and sewage treatment planfs.
Section 23. Section 12-93-4, Employee Housing, of the Vail Town Code is hereby
amended as follows (text to be deteted is in , text that is to be added is bold.
Sections of text that are not amended have been omitted.)
18 Ordinance No. 1, Series of 2008, first reading
12-13•4: REQU/REMENTS BY EMPLOYEE HOUS/NG UN/T (EHU) TYPE
' EHU Zoning disfricfs Ownership/ Additional GRFA Additional Site Garage Parking Minimum/Maximum Density
permitted by right or 7ransference /Site-GeveFage Coverage /Reduced CredidStorage GRFA of an EHU
by condifional use Landscape Area Requirement
Type 1 Permitted Use: &RX,4: SlTE COVER,4GE: Allowed 300 sq. ft. Per Chapter . 6eunts The
Pnmary/Sacondary eF#aasfefredas The EHU is entit/ed to The site is entitled to of garage area per 12-10 as a N/A EHU 1s
Residential, sepaFataua4 eA-tae an additional a49 550 an additional5% of enclosed vehicle dwelling unit allowed as
Two-Family prspe+#Y: sq. (t. GRFA site coverage for ihe spsce at a 2nd a second
Residentia/ deduction. EHU. maximum of 2 unit on the
(aN-wit#a only on /ots parking spaces prQperty.
less than 14,000 sq. unitste-alJew-sale) LANDSCAPE AREA: (600 sq, ft).
ft. !n size) The EHU may be sold The site is entitled to All units not
or transferred a reduction of constructed with a
separately. landscape area by garage sha!l be
5% (raduced fo 55% required a minimum
of site area) for the 75 sq. ft. of storage
EHU. area in addition to
normal closet
space. This 75 sq.
R. shall be a credit
for stora e onl .
Type !l Permitted Use: The ENU shall not be The EHU is entitled to N/A Allowed 300 sq. ft. Per Chapter 6wetiag un The EHUls
Single-Family sold or fransferred an additiona/588 550 of additiona/ garage 12-10 as a 300 sq. R. min. and allowed as a
Residential, Two- separate/y from the unit sq. ft GRFA sxedit. area for the EHU. dwelling unit. 1,200 sq. ft. max. 3Fd third unit
FamiJy Residential, it is associated with. deduction. All units not on property.
Primary/Secondary constructed with a 9ess-aet
Residential garage shaff be sed+at-as
required a minimum deHSiv
Conditiona! Use: 75 sq. fr. of storage
Agnculture & Open area in eddition to
Space normal closet
spece. Th+s 75 sq.
ft. shafl be a credit
for stora e onl .
Type II! Permitted Use: The EHU may be sold Par- , N/A N/A Per Chapter A. Dwelling unit: Alet searated
Lionshead Mixed Use or transferred T~,pe-IJJ-€-k4W-are 12-10 as a 300 sq. (t. min. and a6 -deasidy,-
1 separately. dwelling unif. 1,200 sq. ft. max. The EHU is
Lionshead Mixed Use 94. B. Dormifory uniL: excluded
2 The EHU is from fhe
Conditional Use: excluded from fhe beases-Aet-fneFe calculatian
Residential Cluster calculat/on of of density.
low Density Multiple- GRFA. aRd4asJt4es
Family san4men kitGpea
Medium Density
Mulfip/e-Family ~n"
High Density Mu/tiple- R*?imum-ef 14ve
Family •
Fublic ef-6R€+4 200 s .ft.
19 Ordinance No. t, Series of 2008, first reading
Accommodatio"n mtn. for each person
Public occupying the EHU.
Accommodation 2
Commeroial Core 1
CommerGial Core 2 Commeroial Core 3
Commercial Service
Center
Arferial Business
Parking District
Generel Use
Heavy Service i
Ski Base/Recreation
Ski Base/ Recreation
2 .
Specia/ Development .
District
Type IV Any dwelling unit may The EHU may en/y be N/A N/A Per Chapter Shall-be
be designated and sold or transferred ~iageA 12-10 as a byzening-ea detem4ae"l-Ey
deed restricted as a separately. by..aenirag..ep ~ dwelling unit PrGpe~~ ~eaipgep
Type IV EHU, unless PMP943,; N/A N/A
already designeted as . The EHU fs
an EHU. calculated as
density.
Type /V-CL Permitfed Use: The EHU may be sold Af/A N/A N/A Per Chapter Per Chapter 12-23, The EHU is
(Commercia! Any dwelling unit or transferred 12-10 as a Commerclal calcu/ated as
Linkage may be designated separately. The EHU dwelling unlt. l.inkage density.
mitigation and deed restrlcfed shall be linked to a
unitJ as a Type /V-CL specllTc Commercial
EHU, uniess already Linkage emp/oyee
designafed as an housing mitigatton
EHU. requirement.
Type /V-IZ Permlited Use: The EHU may be sold IV/q N/A N/A Per Chapfer Per Chapter 12-24, The EHU is
(lncluslonary Any dwelling unit or fransferred 12•10 as a /nclusionary ca/culafed as
Zoning may be designated separately. The EHU dwe111ng unit. Zoning density.
mitigation and deed resiricted shall be llnked to a
unlt) as a Type IV-IZ EHU, speclfic Incluslonary
un/ess already Zoning employee
designated as an housiqg miUgatiorr
EHU. requfrement.
Type V Permitted Use: The EHU she!l nof be The-E4{6tis-net N/A T#e-€,H9-isne4 Per Chapter 1,200 sq. ft. max. The EHU is
Hillside Residen6a/ sold or transferred 12-10 as a allowed
. separatefy from the unit GRAA- . dweliing unit. seants as a
it is associated with. N/A N/A . second 2nd
unit on the
property.
20 Ordinance No. 1, Series of 2008, first reading
Type V! Condifionaf Use: As govemed by ths AJlewable-.site Requirements-slaaN Per Chapter Agewable-6F4i,q qllewable
Housing management p/an. be As determined by severage-a+ad be As determined 12-10 as a skall-be As deas*shaN
Shall not be subdivided the PEC. by the PEC. dwel/lnq unit deteimined by the be As
or divided into any foim be As determined 6y or-as4vquk-ed PEC. determined by
of time share, interval the PEC. F~-&r- the PEC.
ownership, or fractional or a parking
fee unit. management
plan per
Article 92-61,
Housrng
District
Type VIl-CL Permitted Use: The EHU may be sold The EHU !s N/A N/A Per Chapter Per Chapter 12-23, The EHU is
(Commercfa! High Densify or transferred excluded from fhe 12-10 as a Commercial excluded '
Linkage Multlpie Family, separately. The EHU calculation of dwellinq un(t Linkage from the
mitigation Housing District shall be Itnked to a GRFA. or a parking calculation
unit) Public specific Commercial management of densrty.
Accommodation, Llnkage employee plan per
' Publlc housing mitigetlon Chapter 12-
Accommodafion 2, requirement 23,
Commercial Core 1, Commercial
Commercial Core 2, Linkage
Commercial Core 3,
Commercial Service
Center, Arterial .
Business, General
Use, Lionshead
Mixed Use 1,
Lionshead Mixed
Use 2, SkJ
Base/Recreation,
Ski Base/Recreation
2, Parking Dlstrict,
and Specla!
Deve/opmenf
Districts
21 Ordinance No. 1, Series of 2008, first reading
TypeV!!-lZ Permitted Use: The EHU may be sold The ENU is N/A N/A Per Chapter Per Chapter 12-24, The EHU !s
(Inclusionary Permltted Use: or transfened excluded from fhe 12-10 as a Inclusfonary excluded
Zonfng Hlgh Densify separately. The EHU ca/culatlon of dwe!ling unlt Zoning from fhe
mitJgatlon Multlpie Famlly, shail be linked to a GRFA. or a parking calculation
unlo Nousing District, specific Inclusionary management of denslty.
Public Zoning emp/oyee plan per
Accommodatfon, housing mitfgation Chapter 12-
Public requirement. 24,
Accommodatlon 2, lnclusionary
Commercia! Core 1, Unkage.
Commercial Core 2,
Commercial Core 3,
Commercfa! 5ervlce
Center, Arterfal
Buslness, Gehera/
Use, Lionshead
Mixed Use 1, ,
Llonshead Mixed
Use 2, Ski
Base/Recreation,
Ski Base/Recreatlon
2, Parking D/strfct,
and Specla!
Development
Districts
22 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 sk4kethreugh, 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 commercral
development and redevelopment in the Town provide for a reasonable amount of
employee housing to mitigate fhe impact on employee housing caused by such
commercial development and redevelopmenf.
8. Except as provided in Section 12-23-5, this Chapter shall apply to
all new commercial development and redevelopmenf located withfn fhe fallowing
zone districts:
1. . High Density Multiple Family (HDMF);
2. Public Accommodation (PA);
3. Public Accommodation 2 (PA2);
4. Commercia! Core 1 (CC1);
5. Commercial Core 2 (CC2);
6. Cornmercial Core 3 (CC3);
7. Commercial Service Center (CSC);
8. Arteria! Business (ABD);
9. General Use (GU);
90. Heavy Service (HS);
11. Lionshead Mixed Use 9(LMU1);
12. Lionshead Mixed Use 2(LMU2);
13. Ski Base/Recreation (SBR);
14. Ski Base/Recreation 2 (SBR2);
15. Parking District (P); and
16. Special Development (SDD).
C. The requirements of this Chapter shall be in addition fo all other
requirements of this Code.
D. When any provision of this Chapter conflicts with any other
provision of tfris Code, the provision of this Chapter shall control.
23 Ordinance No. 1, Series of 2008, first reading
92-23-2: EMPLOYEE GENERATION AND MITIGATION RATES:
A. The employee generation rates found in Table 23-1, Employee
Generation Rafes by Type of Commercial Use, sf?all be applied to each type of
use in a commercial development. For any use nof listed, fhe Administrator shafl
determine the applicable employee generafron rafe by consulting the Town's
currenf nexus sfudy.
TABLE 23-9
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 9, 000 feet of new
Office (excluding Real Estate net floor area
Office)
Accorr?modation Unit/Limifed 0.7 Employees per net new unifs
Service Lodge Unit
Rea/ Estate Office 5.1 Employees per 1,000 feet of new
net floor area
Eating and Drinking 6.75 Employees per 1, 000 feet of
Establishment new net floor area
Conference Facility 0.8 Employees per 1, 000 feet of new
, net floor area
Health Club 0.96 Employees per 1, 000 feet of
new net floor area
Spa 2.1 Employees per 1,000 feet of new
net floor area
B. If an appficant submits competer?t evidence that the employee
generation rates confained in Table 23-1 or the nexus study do not accurately
reflect the number of employees generated by the proposed commercial
rlevelopment or redevelopment and the Administrator finds that such evidence
warrants a deviation from those erriployee generation rates, the Administrator '
shall allow for such a deviation as the Administrafor deems appropriate.
C. Each commercial development or redevelopment shall mitigate its
impact on employee housing by providing EHUs for twenty percent (20%) of-the
emp/oyees generated, pursuant to Table 23-1, or fhe nexus sfudy, in accordance
with the requirements of this Cf?apter.
24 Ordinance No. 1, Series of 2008, first reading
For example, for a development proposing 2,500 square feet of new net floor
area for an eating and drinking establishment, the equation woufd be as follows:
((2,500 square feet = 1,000 square feet) x(6.75)) = 96.875 new
employees generated
96.875 new employees generated x 20% = 3.375 emp/oyees to be
housed
92-23-3: SIZEAND BUILDING REQUIREMENTS:
A. Table 23-2, Size of Emp/oyee 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
SlZE 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
8. Every EHU shall contain a kitchen facility or kitchenette and a
bathroom.
C. All trash facilities shall be enc/osed.
D. Parking shall be provided as-re~f1~by in accordance wifh Chapter 10
of this Title.
1, Excepfion for on-site units: At the discretion of the governing
body, variafions to the parking standards ouflined in Chapfer 10 of this
Title may be approved during the review of an employee housing plan
subject to a parking managemenf plan. The parking management plan may
be approved by the governing body and may provide for a reducfion in the
parking requirements for on-site units based on a demonstrated need for
fewer parking spaces than Chapter 10 of this Tifle woutd require. For
example, a demonstrated need for a reduction in the required parking could
inc/ude:
25 Ordinance No. 1, Series of 2008, first reading
a. Proximity or availabilify of alternative modes of transportafion
including, but not limited to, public transit ar shuttle services.
b. A limitation placed in fhe deed restrictions limiting the number of
cars for each unit.
c. A demonsfrated permanent program inc/uding, but not limited to,
rideshare programs, car-share programs, shutfle service, or
staggered work shifts.
E. Each EHU shall have its own entrance. There shall be no interior
access from any ENU to any dwelling unit to which it may be attaehed.
,
sepk;q~
12-23-4: REDEVFLOPMENT:
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 unrts or limited
service lodge units in the redevelopmenf; provided however, that if any existing
EHUs are fo be removed, an equal amount of EHUs shall be replaced in addition
fo the other requirements of this Chapfer.
12-23-5: EXEMPTIONS:
The following shall be exempt from this Chapter.*
The redevelopment of existing commercial development, if no new
net floor area, accommodation units, or limited service lodge units are created;
and
2. The consfruction of EHUs.
12-23-6: METHODS OF MlTIGATION: '
A. For all new construction and derr?o/rebwild projects that result in a
mitigation requirement of 9.25 employees or greater, no /ess than one-half the
mitigation of employee housing required by this Chapter shaU be accomplished
with an-site unifs.
9. Excepfions: At the sole discretion of the app?icable governing
body, an exception may be granted from this on-site unit
requirement should fhe applicable governing body make one of the
f.ollowing findings:
26 Ordinance No. 1, Series of 2008, first reading
a. That implementation of the on-sife unit mitigation
method would be contrary to the intent and purpose of the
applicable zone district.
b. That implementation of the on-site unit mitigafion
method would be confrary to the goals of the applicable
elements of the Vai! Comprehensive Plan and the Town's
development objectives.
c. That exceptional or extraordinary circumsfances or
conditions apply to the site thaf prevents the impiementafion
of the on-site unit mitigafion method.
d. That the method of . mifigation proposed better
achieves the infenf and purpose af this Chapter and general
and specific purposes of this Title fhan the on-site mitigation
unit mefhod.
2. AII on-site EHUs shal/ be deed restricfed as a"Type IV-CL"
(type four, commercial linkage mitigation) or "Type VII-CL" (type
seven, commercial Iinkage mitigation) EHU in accordance with
Chapter'2-13, Employee Housing, of this Title.
3. At the so/e discretion of the applicable governing body, an
applicant may prvvide on-site dormitory style units.
4. An applicant may provide a payment of fees-in-Iieu for any
fractional remainder of the requirement generated under fhis Chapter
totaling less than 9.25 employees.
5. Any remaining portion of the mitigation reqcrirement not
provided with on-sife units may be provided in accordance with
Section 12-23-66 be/ow,
X B. For all development projects except those mifigated by
Section 12-23-6A above, the mitigation of employee housing required by this
Chapter shaU be accomplished through one, or any combination, of the
methods further described in this secfion. Unless otherwise regulated by
fhis Title, the choice of inefhod(s) used to mitiqate the employee housing
requirements of this Chapfer shall be at the so/e discretion of the
developer.
1. On-site units.
a. , ,
,
. Al! on-site EHUs
shall be deed restricted as a"Type !1/-CL" (type four,
commercia/ linkage mitigation) or "Type Vil-CL" (type seven,
27 Ordinance No. 1, Series of 2008, first reading
commercial Iinkage mitiqation) EHU in accordance with .
Chapter 12-93, Employee Housing, of this Tifle.
b.
Envir-opmental ,
GfoFmiter-y ,
DevelopFnent . , ,
disGm4on, •
At the so/e discretion of the applicable governing body, an
applicant may provide on-site dormitory style units.
2. Conveyance of property. on-site. An applicant may convey
on-site real property to the Town on which no covenants, restrictions or
issues exist that would• limit the construction of EHUs, at the sole
discrefion of the Town Council. This method does not mitigate the on-
site unit requiremenfs of Section 92-23-6A above.
3. Off-site units.
a. The requisite number of EHUs, or a portion thereof,
may be provided otf-site within the Town, provided that such
EHUs are deed restricted in accordance with this Chapter.
b. Af the so/e discretion of fhe Planning and
Environmental Commission, an applicant may provide off-sife
- dormitory units, unless the application is for a Special
Development District, in which case, the Town Council, in its sole
discrefion, may accept dormitory units as a mefhod of mitigation.
4. Payment of fees-in-lieu. rhe o,a.,,,,ng anr/ CriWr9nmentaI
,
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 cosf (total cost less fhe amounf covered by renfal
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 fhe Town to provide housing for the employee to be
hoosed 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-fieu shall be due and payable prior to the
issuance of a building permit for the developmenf.
28 Ordinance No. 1, Series of 2008, first reading
, d. The Town shall only use monies collected from
fees-in-lieu to provide new employee housing.
5. Conveyance of property off-site. The Town Councrl may,
at ifs sole discretion, accept the conveyance of property off-srfe in lieu of
requiring the provrsion of EHUs; provided that no covenants, restrictions or
issues exist on such property that would limit the construcfion of EHUs.
12-23-7: MlTIGATION BANK:
A. The Town will provide credit for any EHUs constructed on-site,
consfructed off-sife, 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
anticrpatron of future development is at the sole risk of the applicant, because the
commercial development shall be subject to all regulations pertaining to EHUs
whrch are in effect af the time the application for commercial development review
rs submitted to the Town, even if those regulations change after the EHUs are
constructed.
B. ft shall be the applicant's responsibilify to provide dacumentation
of any existing.EHU credit upon submission of an application for development
review. If fhe applicant cannot adequately document such credits, the Town shall
not be obligated to provide such credit.
92=23-8: ADMlNISTRATION:
A. Each application for development review, except those exempt
per Secfion 92-23-5, shall include an employee housing plan
^~~~^,-which includes the following:
B. I1n emn!`.ioo h?ucini-r_n/an nha/! ir+nhii-Ie fAe f ll6winir•
1. Calculation Method.. The calculatron 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 !ot size of the proposed ENUs and
the average lot size of ofher dwellrng units in the commercial
developmenf or redevelopment, if any;
4. Schedules. A timeline for the provision of any off-sife
EHUs;
29 Ordinance No. 1, Series of 2008, first reading
5. Off-Site Units. A proposal for the provision of any off-site
EHUs shall include a brief statement explaining the basis of the proposal; 6. Off-Site Conveyance Request. A request for an off-sife
conveyance shall include a brief statement explaining the basis for the
request;
7. Fees-in-lieu. A proposal to pay fees-in-lieu shall include a
brief statement explaining fhe 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 fofal mitigation requirement of less
than 1.25 emp/oyees.
The Planning and Environmental Commission shall approve, approve wifh
modifications or deny an employee housing plan unless fhe plan involves a
total mifigation requirement of /ess fhan 1,25 employees; the development
ph-m is /ocated within a Special Development District; or the plan includes a ,
request to convey property., " ,
, .
The Town Council shall approve, approve wifh modifications or deny
an employee housing plan for a deveJopment /ocated 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 frndings that the employee housing
plan conforms to the general and specific purposes of this fitle, and that
the plan is compatib/e with the applicable e/ements 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 obligafions of the applicanf under fhis Chaprer, the applicant shall
submit a modified employee housing plan. A modiflcatron 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.
E- F. An approved employee housing plan shall become part of the
approved applrcation for developmenf review for the affected site.
G. Requests fo amend an approved employee housing plan shall
be reviewed in accordance with the procedures described in fhis Chapter.
At the discretion of the Administrator, minor amendments that do nat alter
the basic intent or methodology of ti?e plan may be approved, or approved
with modifcations, or denied by the Administrafor.
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 Pimeshare
unit or fractional fee club unit.
8. EHUs shall not be leased for a period less than thir(y (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 6y an employee Feptesl
and shall not remain vacant for a period in excess of three (3) consecutive
months unless, despite reasonable and documented efforts to FeRt occupy fhe
EHU, fenta~ efforts are unsuccessful.
E. No later than February 1 of each year, fhe owner of an EHU sha!l
submit a sworn affidavif on a form provided by the Town to the Town of Vail
Community Development Department containing the following information:
Evidence to establish thaf the EHU has been occupied
throughout the year by an employee; -
2. The rental rafe (unless owner-occupied);
3. The ernployee's employer, and
4. Evidence to demonstrate that at least one tenan person
residing in the EHU is arr employee.
92-23-10: TIMNVG:
All EHUs required by fhis Chapter shall be ready for occupancy prior to
the issuance of a temporary cerfificate 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 sef forth in Chapter 17 of this Title.
92-23-12: REVIEW
A. Purpose. The Town Council intends thaf the applrcation of this
Chapter not result in an unlawful taking of privafe property without the payment
of just compensation, and therefore, the Town Councii adopts the review
procedures set forth in this Section.
8. Planning and Environmental Commission review. Any applicant
for commercial development who feels that the application of this Chapter would
effect an unlawful taking may apply to the Planning and Environmental
Commission for an adjustment of the requirements imposed by this Chapter. If
fhe Planning and Environmental Commission determines thaf 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 a/fer, /essen,
or adjust employee housing requirements as applied to the particular project
under consideration to ensure thaf there is no unlawful uncompensated taking.
C. Town Council review. lf the Planning and Environmenfal
Commission denies the relief sought by an applicant, the applicant may request a
hearing before tf?e Town Council. Such hearing shall be a quasi judicral hearing ,
and conducted according fo fhe Town's rules and regulations regarding quasi-
judicial hearings. At such hearing, the burdert of proof shall be on the applicant
fo establish that the fulfillment of the requirements of this Chapter would effeet 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 withouf just compensation, the Town Council may alter, /essen, or
adjust the employee housing requirements as applied to the particular project
under consideration to ensure that no illegal uncompensated taking occurs. The
decision of fhe Town Council shall be frnal, subject only to judicial review.
Section 25. Chapter 12-24, Incfusionary Zoning, of the Vaii Town Code is hereby
amended as follows (text to be deleted is in stnkethFe&q4, text that is to be added is bold):
92-24-1: 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
redevelopmenf located within the following zone districts, except as provided in
Secfion 12-24-5:
1. High Density Multiple Family (HDMF);
2. Public Accommodation (PA);
3. Public Accommodation 2 (PA2);
4. Commercia/ Core 1 (CC1);
5. Commercial Core 2 (CC2);
6. Commercial Core 3 (CC3);
7. Commercial Service Cenfer (CSC);
8. Arterial 8usiness (ABD);
. 9. Genera! 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/Recreafion (SBR);
94. Skr Base/Recreation 2 (SBR2);
15. Parking District (P); and
96. Specia! Development (SDD).
C. The requirements of fhis Chapter shall be in addition to afl other
requiremenfs of this Code.
D: When any provision of this Chapter conflicts with any other
provrsion of this Code, the provision of fhis Chapter shall control.
12-24-2: EMPLOYEE HOUSING REQUIREMENTS:
Every residentral development and redevelopment sha!l be required to
mitigate its direct and secondary impacfs on the Town by providing
employee housing af a mifigation rate of ten percent (909,o) of the total
new GRFA.
For example, for a development proposing 5,500 square feef of new
GRFA the calculation would be as follows:
5,500 square feet of new GRFA x 10% mitigation rafe = 550
square feet of employee housing to be provided
12-24-3: BUILDING REQUIREMENTS:
A. Table 24-7, Size of Employee Housing Units, establrshes fhe
minimum size requirements for EHUs under this Chapter. All EHUs shall meet or
exceed the minimum size requrrements.
TABLE 24-1
SIZE OF EMPLOYEE HOUSING UN1TS
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 9,225
8. Every EHU shall contain a kitchen facility or kitchenette and a
bathroom.
C. All trash facilities shall be enclosed.
' D. Parking shall be provided as-FequiFed by in accordance with Chapter 90
of this Tifle.
1. Exception for on-site EHUs; At the discrefion of fhe governing
body, variafions to the parking standards vutlined in Chapter 10 of this
Title may be approved during the review of an employee housing plan
suhject ta a parking management plan. The parking management plan may
be approved by the governing body and may provide foi a redaction in the
parking requiremenfs for on-site units based 'on a demonstrated need for
fewer parking spaces fhan Chapter 10 of this Title would require. For
example, a demonstrated need for a reduction in the required parking could
include:
a. Proximity or availability of alternative modes of transportafion
including, but not lirr?ifed to, public transit or shuttle services.
b. A limitafion placed in fhe 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
sfaggered work shifts.
E. Each EHU sha11 have ifs own entrance. There shall be no interior
access from any EHU to any dwelling unit to which it may be attached.
'
seRt~!:
G. ~~ioni C4.1I / oh•~.ll he .,No~~~~+.~J fl~ri . , ......rno {-~~i»rlroiJ i~znrn) y c~u~rn fo . ~ rtf
cvcr~c~ ~-tn.
92-24-4: REDEVELOPMENT:
Employee housing need only be provided for the increase in the GRFA of
a redevelopment; provided however, that if any existing EHUs are fo be removed,
an equal amount of EHUs shal/ be replaced in addition to other requirements of
this Chapter.
34 Ordinance No. 1, Series of 2008, first reading
12-24-5: EXEMPTlONS:
The followrng 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 construcfion of EHUs.
12-24-6: METHODS OF M!TlGATION:
A. For all new construcfion and demo/rebuild projecfs fhaf resu/f in a
mitigation requirement of 438 sq, ft, or greater, no less fhan one-half ( Z) fhe
mitigation of employee housing required by this Chapter shall be accomplished
with on-site units.
1. Exceptions: Af the sole discretion of the applicable governing
body, an excep#ion may be granted from fhis on-site unit
requirement shou/d the applicable governing body make one of the
fo/lowing findings:
a. That implementation of the on-site unit mitigation
method would be contrary to the infent and purpose of the
applicable zone district.
b. That implementation of the on-site unit mitigation
method would be confrary fo the goa/s of the applicab/e
elements of fhe Vail Comprehensive Plan and #he Town's
developmenf objectives.
c. That excepfional or extraordinary circumstances or
condifions apply to the site that prevents the implementation
of the on-site unit mitigation mefhod_
d. That the mefhod of mitigation proposed beffer
achieves fhe intent and purpose of this Chapter and general
and specific purposes of this Title than the on-site mitigation
. unif inethod.
2. All on-site EHUs shall be deed restricfed as a"Type IV-IZ"
(type four, inclusionary zoning mitigation) or "Type Vl!-IZ" (type
seven, inclusionary zoning mitigafion) EHU in accordance with
Chapfer 12-13, Employee Housing, af this Title.
. 3. Af the sole discretion of the applicable governing body, an
applicant may provide on-site dormitory style unifs.
35 Ordinance No. 1, Series of 2008, frrst reading
4. An applicant may provide a payment of fees-in-lieu for any
fractional remainder of the requiremenf generated under this Chapter '
totaling less than 438 sq, ft. of EHU floor area.
5. Any remaining portion of the mitigation requiremenf not
provided wi#h on-site units may be provided in accordance wifh
Section 12-2468 be/ow,
A-. B. For all developmenf projects except those mitigated by
Section 92-24-6A above, the mitigation of employee housing required by this
Chapter shall be accomplished through one, or any combinafion, of the
methods further described in this section. Unless ofherwise regulated by
this Tifle, the choice of inethod(s) used to mitiqate the employee housing
requirements of this Chapter shall be at the so/e discrefion of the
developer.
1. On-site units.
1. On-site unrts.
a. 7~ fj.. ~ rorr~~iniF~ n~~mNVrvfE{-Jl la+ r n n rfi,nn ihc~re f
. rv ~ ri i
i
. All on-site EHUs
shall be deed restricted as a"Type !V-IZ" (type four,
inclusionary zoning mitigation) or "Type Vll-IZ" (type seven,
inclusionary zoning mifigation) EHU in accordance wifh
Chapter 12-13, Employee Housing, of this Title.
b. At t#e sole--dfssTet:o„--ef--the--PFannhgg--aRd
gnvkepmental Gomf4ssien,
doFmiter-y Development >
,
disGFegw~, .
At the sole discretion of the applicable governing body, an
applicant may provide on-site dormitory style units.
2. Conveyance of property on-site. An applicant may convey on-site
real property to the Town of Vail on which no covenants, restrictions or issues
exist that would limit the construction of EHUs, at the sole discretion of the Town
Council. This method does not mitigate the on-site unit requirements of
Section 12-246A above.
3. Off-site units.
a. The requisite number of EHUs, or a portion thereof, may
be provided off-site within the Town, provided that such EHUs are deed
restricted in accordance with this Chapter.
b. At the sole discretion of the Planning and Environmental
Gommission, an applicant may provide off-site dormitory units, unless the
applicafion is far a 5pecial Development Districf, in which case, the Town
36 Ordinance No. 1, Series of 2008, first reading
Council, in its sole discretion, may accept dormitory units as a method of
mitigafion.
4. Payment of fees-in-lieu.
a. The fee-in-lieu for each square foot shall be established
annually by resolution of the Town Council, provided that in calculating
that fee, the Town Council shall include the net cost (total cost less the
amount covered by rental or sale income) of real property and all related
planning, design, site development, legal, consfruction and construction
management cosfs of the project, in current dollars, which would be
incurred by the Town to provide fhe square feet in that year.
b. An administrafive fee, established by resolufion of the
Town Council, shall be added to the amount set forth in paragraph a
hereof.
c. Fees-in-lieu sha/l be due and payable prior to the issuance
of a building permit for the development.
d. The Town sha!l only use monies collected from the fees-in-
lieu fo provide new employee housing.
5. Conveyance of property off-sife. The Town Council may, at rts
sole discrefion, accept a conveyance of real property off-site in lieu of requiring
construction of EHUs, provided that no covenants, restrictions or issues exist on
the property that would limit the construction of EHUs.
92-24-7 MlTIGATION BANK:
A. . The Town will provide credit for any EHUs constructed on-site,
consfructed off-site, or otherwise acquired in anticipation of future residential
development or redevelopment, provided that fhose EHUs meet all applicable .
requirements of this Chapter. However, the consfrucfion or acquisitron of EHUs
in anticipation of future development is af 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 regulatrons change after the EHUs are construcfed.
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 adequafely document such credits, the Town shall
not be obligated to provide such credits.
12-24-8: ADM/NISTRATlOIV:
A. Each appiication for developrrient review, except those exempt
per Section 12-245, shall include an employee housing plan
°x°ibp which includes the following: .
37 Ordinance No. 1, Series of 2008, first reading
1. Calculation Method. The calculation of the inclusionary
zoning requirement= including credits if applicable, and the mitigation
method by which the applicant proposes to meet the requirements of this
Chapter,
2. Plans. 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 srze 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-Sife Unifs. A proposal for the provision of any off-site
EHUs shall include a brief sfatemenf explaining the basis of the proposal;
6. Off-Site Conveyance Requesf. A requesf for an off-site
conveyance shafl 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 Narrafive. 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 mitigafion requirement of less
than 438 square feet of EHU floor area.
The Planning and Environmental Commission shall approve, approve with
modifications, or deny an employee housing. plan unless the plan involves less
fhan 438 square feef of EHU floor area; the development plan is located
within a Specia! Development District; or the plan rncludes a request to convey
property, , ,
The Town Council shall approve, approve with modifications or deny
an employee housing plan for a development /ocated within a Special
Development District or a plan requesting fo convey property.
Before granting approval of an employee housing plan, the
applicable governing body shaff make findings that the employee housing
38 Ordinance No. 1, Series of 2008, first reading
plan conforms to fhe general and specific purposes of this fitle, and fhat
the plan is compatible with the applicable elements of the Vail _
Comprehensive Plan and the development objectives of the Town.
8: C. !f modifications to a submitted application for development review
changes the obligafions of the applicant under this Chapter, the applicant shall
submit a modified employee housrng plan. A modificatron to an employee
housrng plan shall be reviewed by the body that reviewed the initial employee
housing plan, in accordance with fhe provisions of this Chapfer.
& D. An approved Employee Housing Plan shall become part of the
approved applicafion for development review for the affected site.
E. Requesfs fo amend an approved employee housing plan shall
be reviewed in accordance with the procedures described in this Chapter.
Af the discretion of the Administrafor, minor amendments that do not alter
the basic intent or methodology of the plan may be approved, or appraved
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 /eased for a period less than thirty (30)
consecutive days.
C. An EHU may be sold or transferred as a separate unit on the site. D. An EHU shall be continuously vccupied by an emp/oyee fepted
and shall not remain vacant for a period in excess of three (3) consecutive
months unless, despite reasonable and documented efforts to 1;91# occupy the
EHU, Fepta~ efforts are unsuccessful.
E No lafer than February 'i of each year, the owner of each EHU
shall submit a sworn affidavit on a form provided by the Town with the following
information:
9. Evidence to esfablish that the EHU has been rented or
owner occupied throughout the year,
2. The rental rate (unless owner-accupied);
3. The employee's employer; and
4. Evidence to demonstrate that at least one tepan~ person
residing in the EHU is an employee at a business locafed in Eagle
County. . .
39 Ordinance No. 1, Series of 2008, first reading
. ;
12-24- 10: TI MlNG:
All EHUs required by this Chapter shall be ready for occupancy prior to
the issuance of a temporary certificafe of occupancy for the affected residential
development.
12-24-11: VARIANCES:
Varrances fram the requirements of this Chapter may be granted pursuant
to the procedures and standards set forth in Chapter 17 of this Title.
92-24-12: REVIEW
A. Purpose. The Town Council infends fhat the application of this
Chapter not result in an unlawful taking of private property without fhe payment
of just compensation, and therefore, the Town Council adopfs the review
procedures set forth in this Section.
8. Planning and Environmenta! Commissron 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 adjustmenf of the requirements imposed by this Chapter. If
the Planning and Environmenfal Commission determines fhat 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 uncompensafed taking.
C. . Town Council review. If the Planning and Environmental
Commission denies the relief sought by an applicant, the applrcant 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 esfablish that the fulfillment of the requirements of this Chapter would effect an
unconstifutional faking without just compensation pursuant to applicable law. If
the Town Council determines thaf the application of this Chapter would effect an
illegal taking without just compensafion, the Town Council may alter, /essen, or
adjust fhe emplayee housing requiremenfs as applied to the particular project
under consideration to ensure that no illegaf uncompensafed taking occurs. The
decision of the Town Council sha/1 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 shail 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 hea(th, 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 fhis
ordinance shall not affect any right which has accrued, any duty imposed, any violation fhat
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. AIl 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.
INTRODUGED, 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, Coforado.
Richard D. Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
41 Ordinance No. 1, Series of 2008, first reading
Vail Tortin Councii Attachment: B
MEMORANDUNI
-
TO: P(anning 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 requiremenfs, and setting
- forth details in regard thereto. (PEC070075)
Appficant: Town of Vail, represente.d by Nina Timm, Housing
Coordinator
Planner: Bill Gibson
1. SUMMARY
The Applicant, Town of Vail, is requesting a final recommendation to the Vaif
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 disfricts which contain empfoyee
housing units as a permitted or conditional use. The Applicant has submitted the
appfication in response to a request from the Pfanning and Enyironmental
Commission to ciarify 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 Appficant, Town of Vail, is requesting a final recommendation ta the Vail
Town Counci{, 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 Gode, to
estab(ish standards and criteria related to mitigating emp)oyee housing
requirements. ln 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; 12-61-1, High Density Multiple-Family District; 12-61,
1
Housing District; 12-7A, Public Accammodation 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, 5ki 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 ('/z) 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 diffculties associated with the
construction of any free standing employee housing development;
• The need for additional workforce hausing 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:
9. On-Site Units: 20% of fhe employees generated.
2. Conveyance of Property On-Site: 20% of the employees
generated.
3. Off-Site Units: 900% of the employees generated.
4. Payments of Fee in Lieu: 25% of the emp/oyees
generated.
. 2
5. Conveyance af Property Off-Sife: 20% of the employees
generated.
For projects subject to Inclusionary Zoning requirements: 9. On-Site Units: 90% of the net new GRFA.
2. Conveyance of Property On-Site: 10% of fhe 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 12-243 found in the draft
Ordinance that will allow the governing bodies (Council, Commission, or,Staf)
the discretion to reduce the parking requirements for on-site EHUs. The
proposed language is similar to that which grants the Commission authority fo
reduce the parking requirement for EHUs in the Housing District. The goveming
body may approve a parking managemenf plan and a reduction in the required
parking based upon the fo(lowing considerations:
a. Proximity or availability of altemative modes of transportation
including, but not lirnited 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 nof limited
to, rideshare programs, car-share programs, shuttle service, or
staggered work shifls_
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 fof(owing 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 potentia( requests to modify an approved Employee Housing Plan;
• Creating a new EHU "type" category in the Town Code fior 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;
. v Clarifying that fhe 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;
• ClarifyiRg the Mitigation Banking regulations;
• Allowing mitigation types of EHUs as permitted uses in the applicable
zone districts, rather than conditional uses. t
Staff has identified the proposed changes to be made in the attached draft
Ordinance (Attachment A). Text that is to be deleted is in rtriLo+hrnunF+ text thaf
is to be added is in bold, and sections of text that are not to be amended may be
omitted.
III. BACKGROUND
a There is a substantial, direct, and rational connection between the need for
housing af employees generated by new development and redevelopment
and the requirements for the provisifln of employee housing, as documented
in the report entitled, "Town of Vail Nexus/Proportionalitv Analvsis for
Employee Housinq Mitiqation Proqrams."
v 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 ifs 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 cfarify 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 pub(ic hearings, the Town Council indicated that providing
on-site units is the most desirable employee housing mitigation method and
fee-in-iieu is the feast 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 vafue
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 Loca) Housing Authority
the Authority again discussed establishing a priority order for the allowed
employee housing mitigation methods. At the meeting, the Authority
reconfrmed its recommendation: At least half of requisite employee housing mitigation must be provided
on-site for all new development and demo-rebuild projects where
Commercial Linkage and Inclusionary Zoning apply.
Without this requirement the Authority does not believe that on-site unit
mitigation will be pursued by developers. Much of the discussion regarding
the available mitigation options has centered on calculation formulas,
financial parity, who would manage the development of housing projects, and
the like. However, if these arguments are set aside and the question is asked
"what scenario is in the best interesf 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 vehicutar traffic (and associated noise and
pollution) by employees;
• The greatest reduction in public parking needs by emp(oyees;
5
a 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 discrefion.
This recommendation is based on the Authority's belief that today al( five
mitigation methods provide value to the community.
The Housing Authority supports adding three af the Staff recommended
criteria to al(ow for relief from the on-site requiremeRt. The Authority does
nof 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 annuaAy reviewing the priority of
the five employee housing mitigation methods and oifering their
recommendation to the Vail Town Councit. This review is anticipated in
March of each year to coincide with the annual review of the fee-in-fieu 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 ineentives should be given to developers to construct on-
site employee housing units.
Ensure flexibitity should a developer proposal better achieve tFte
intent and purpose of the Emp(oyee Housing chapter and the
Methods of Mitigation section than the on-site unit method.
IV, RCILES 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.
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
Vai! 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 calt up a
decision of the Planning and Environmental Commission and/or Design Review
Board.
V. APPLICABLE DOCUMENTS
Staff believes the following documents are relevant to the review of this proposal:
TITLE 12: ZONING REGULATIONS
Chapter 12-1, Title, Purpose and Applicabi(ity (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 fhe
Town in a manner thaf will conserve and enhance its natural
environment and its established character as a resort and residential
community of high quality.
8. Specific: These regulations are intended to achieve the following more
specitic purposes:
1. To provide for adequate light, air, sanitation, draFnage, and public
facilities.
2. To secure safety from fire, panic, flood, avalanche, - accumulation of
snow, and other dangerous conditions.
3_ To pramote safe and efficient pedestrian and vehicular traffc circulation
and to lessen congestion in the streets.
7
4. 1 o promote adequate and appropriately located off sfreet parking and
loading facilities.
5. To canserve and maintain established communify qualities and
economic values.
6. To encourage a harmonious, convenient, workable relafionship
among Iand uses, consisfenf with municipal development objectives:
7: To prevent excessive populafion densities and overcrowding of the land with structures.
8. To safeguard and enhance the appearance of fhe town.
9. To conserve and profect 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. .
19. To otherwise provide for fhe growth of an orderly and viable
community.
Chapter 12-3: Administration and Enforcement: (in part)
12-3-7: AMENDMENT:
C. Criferia and Findings:
2. Prescribed f?egulations Amendment.a. Factors, Enumerated: Before acting on an application for an
amendment fo the regulations prescribed in this title, fhe 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 fhe zoning regulafions; and
2. The extent to which the text amendment would better implement
and beiter 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 exfent to which the text amendmenf demonstrates haw
conditions have substantially changed since the adoption of the
subject regulation and how the existing regulation is no longer
appropriate or is inapplicable; and
4. The extent to which the text amendmenf provides a harmonious,
convenient, workable relationship among land use regulations
consistent wifh municipal development objecfives; and
8
5. Such other factors and criferia 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 pravide such service is dependent upon a strong, high
quality and consistently available vyork force. To achieve such a
work force, the communify must work to provide quality living and
working conditions. Availability and affordability of housinq plays a
critical role in creafing quality living and working conditions for fhe
community's work force. The town recognizes a permanenf, year round populafion plays an important role in susfaining a healfhy,
viable community. Further, the town recognizes its role in
conjunction wifh 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 ensut'e thaf new commercial
development and redevelopmenf in the #own provide for a
reasonable amount af employee housing to mitigate fhe impact
on employee housing caused by such commercial development
and redevelopment.
Chapter 24: Inclusionary Zoning: (in part)
12-24-1: Purpose and Applicabifity:
A. The purpose of this chapter is to ensure that new residential
development and redevelopment in the town of Vail provide for a
reasonable amount of employee housing to mitigate the impact
on employee housing caused by such residenfial development
and redevelopment .
TOWN OF VAIL LAND USE PLAN .
Chapter II: Land Use Goals/Policies (in part)
5. Residenfial
5.1 Additional residenfial growth should confinue fo occur
primarily in existing, platfed areas and as appropriate in new
areas where high hazards do not exist.
5.2 Quality time share units should be accommodated to help
keep occupancy rates up.
5.3 Affordable employee housing should be made available
fhrough private efforts, assisfed by limited incentives,
provided by the Town of Vail, with appropriate restrictions.
9
5.4 Residenfial growth should keep pace wifh the market
p/ace demands for a full range of housing types.
5.5 The existing employee housing base should be preserved
and upgraded. Additional employee housinq needs should be accommodated at varied sifes throughout the communify.
VAIL VILLAGE MAS7ER 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 fhe community as a whole.
2.6 Objective:
Encourage fhe development of affordab/e housinq units
fhrough fhe efforfs of the private sector.
2.6.1 Policy: -
Employee housing; units may be required as parf of any new
or redevelopment project requesting densi#y over thaf
allowed by existing zoning.
2.6.2 Policy:
Employee housing, shaU be developed with appropriafe
resfrictions so as fo insure fheir availability and affordabilify
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 housrng should be reduced
to maximize the housing opportunities in west Lionshead. During the
master planning process, the Vail Town Council toured several employee
housing complexes in Keystone Resort that averaged .25 cars per bed
(one parking space per four-bed unit). Most of these complexes af
Keystone are removed from the core and depend on a bus transit system
to carry employees to and from work. 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 fhe parking lof is underutilized.
10
4.9 Housing
Recent community surveys and qrass-root.s planning efforfs such as
Vail Tomorrow fiave identified the lack of locals housing as fhe mosf
critical issue facing the Vaii community. Eariy in the Lionshead
master planning process, west Lionshead was identified as an opportunify
area to implement some of the community's housing goals, particularly
relating to employee housing. These opportunities and associafed 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 frnancial realities af affordable housing often require cosf
reducing measures, generally involving the quality of detailing, planning,
and architectural design. Given the strong desire to make these housing
projeets feasible, it is recommended that some latitude be granted to
affordable housing developers. However, it is a/so important that financial
realities not be used as an excuse to produce unsight/y, poorly designed,
substandard products. Employee housing does not need to match the
- archifectural sophistication of a five star resort development, but if does
need to be good quatity construction and design. Rivers Edge in Avon is
a good example of an affractive yet affordable employee housing project. 4.9.3 Policy Based Housing Opporfunities
The frrst 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 fo 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)
Housinq: The high cost of housing and a lack of developable Iand
continue to challenge the community in providing adequate workforce
housing. Opportunities exist to increase fhe amount of employee
housing through redevelopmenf of exisfing housing, fhe purchase of
deed-restricted units and fhrough developer requirements. During
20120, participants placed workforce housing as a top priority for the
community and government /eaders 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
compasition, ethnic background and economic means.
11
Land Use and Development (in part)
20120 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 pedesfrian core areas of Vail aitract guests,
residenfs and businesses. The diversity of businesses within the core
areas provides something for everyone and fhe new affordable housing
opfions are seamlessly integrated into the community's fabric.
Growth has been carefully managed . fo be sustainable and
complementary to the nafural 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-resfricfed housing for af Ieasf 30
percent of the workforce through policies, regulafions and publicly
initiafed development.
Acfions/Strafegies
• Update housing regulatians to include more zone districts that
are required to pravide 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 to?nm.
• Address the zoning regulafions to provide more incenfives for
developers to build employes housing units.
Housing (in part)
20120 Vision: The number of employees living within fhe town has sfeadily
increased, fhanks to fhe town's commitmenf fo ensure affordability and
availability of housing. The num6er of deed-res#ricted rental and for-
sale unifs required of both private and public projects has
increased. The diversify of deed-restricted units can accommodate the
seasonal worker, as well as all levels of year-round employees, including
those with famiIies. Housing in general has been transformed to indude
green building standards.
12
20120 Implementation: Based on input from the community during fhe
20120 process, town staff with the Vail Local Housing Authority,
developed the following goals and action sfrategies fo supporf the
housing vision.
Goal: The Town of Vail recognizes the need for housing as .
infrastrucfure that promotes community, reduces fransit needs and
keeps more employees living in fhe town, and will provide for
enouqh dee.d-restricted housing for at least 30 percent of fhe
workforce through policies, regulations and publicly initiated
development.
Actions/Strategies:
• Research and propose next steps for strengfhening the town's
inclusionary zoning and commercial linkage policies, including
requirements for more zone districts.
• Researcfr parking requirements for employee housing and consider
recfucing requiremenfs for employee housing developmenfs.
• 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 pofential altemative (besides pay-in-lieu)
funding sources for employee housing.
EAGLE COUNTY HOUSING NEEDS ASSESSMENT, 2007 (see Attachment C)
SECTION 8- HOUSJNG 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
commercialrndustrial development. Of employers surveyed, 41
percent indicated they plan a riet 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
Gaps
There is a significant gap between the current demand (catch-up)
units and the number of units available as of April, 2007. The
difference of 3,398 units between current demand for 4,446 units
and current listings of 1, 048 units represents the magnitude of the
gap between what residents and in-commutinq employees want
for housing and what the free market is providing. The difference
for each AMI category represents the net demand between what
residenfs and in-commufers can afford and the free market price
of unifs.
The gap is largest in the 81 to 120 percenf AMI range. Since
federal and stafe housing programs only serve households with
incomes equal fo or /ess than 80 percent AMl (Low lncome
Housing Tax Credits and several grant programs have even lower
income eligibility standards) addressing the gap in fhe 81 to 120
percenf 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 meef approximately 64 percent of current demand. These figures are dynamic; additional units will be placed on the
market during 2007 that will slighfly lower the gap. With 88 percent
of the current listings aflordable only for households with incomes
greater than 140 perce?it 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-?yide 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 desiqnated for employee housing.
• Develop affordable housinq throughout the county except for
seasonal workers, whose housing should be concentrated in
Vail:
VI. REVIEW CRITERlA
9, 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
Pian expectations to achieve desired outcomes as wefl as better define
certain aspects contained within the regulations.
5taff befieves the proposeci text amendments clarify the existing
regufations and will continue to further the general and specifc purposes
of Tit(e 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 ifs esfablished 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 traffrc
circulation and to lessen congestion in the streets..
4. To promote adequate and appropriately located off street
parking and loading facilities.
5. To canserve and maintain esfab/ished community qualities and
economic values,
6. To encourage a harmonious, convenient, workab/e relationship
among land uses, consistent wifh municipal deve%pment
objecfives.
11. To otherwise provide for the growth of an orderly and viable
community. "
Staff also believes the proposed text amendments are cQnsistent with the
purposes af the Employee Housing, Commercial Linkage, and
Inclusionary Zoning chapters of the Zoning Regulations that state:
a12-13-1: Pu?pose: The town's economy is largely tourist based
and the health of this economy is premised on exemplary service
for Vail`s guests. Vail's ability to provide such service is dependenf
upon a strong, high quality and consistently available work force.
To achieve such a work force, the cammunity must work to
provide quality living and working conditions. Availability and
affordability af 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 fhe private sector in
ensurinq housing is available. n
15
'12-23-1: Purpose and Applicability: The purpose of this chapfer is
fo ensure thaf new commercial development and redevelopmenf
in the town provide for a reasonable amount of employee housirig
to mitigate the impact on employee housing caused by such
commercial development and redevelopment_"
012-241: Purpose and Applicabilify: The purpose of this chapter is
to ensure that new residenfial development and redevelopmenf in
the fown of Vail provide for a reasonable amount of employee
housing to mitigate fhe impact on employee f?ousing caused by
such residential development and redevelopmenf."
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 porfion
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 ana(yze 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 developers concerns about predictability, the proposed
amendments provide developers with the most predictable employee
housing review process possible. It clearly identifies and requires the
community's most valued employee housing mitigation method while
allowing relief from the requirement if:
16
• It wouid be contrary to the intent and purpose of the applicable
zone district;
• It wouid be contrary to the goals of the applicable elements af the
Vail Comprehensive Plan and the Town's cievelopment 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 flexibi(ity, 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 provideci
including: building bulk/mass incenfives (i.e. increase in building height)
reductions in setbacks, increases in site coverage, etc. wilt conflict with
th.e 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 erriployee housing units. A reduction in the
17
required parking for an on-site EHU is also consistent with the
recommendations af 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
signifcant afFect upon a developer's decision to construct on-site EHUs.
• Waivers of building permit fees related to on-site employee
housing units.
o 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.
a Waivers of the Recreation Fees re(ated to on-site employee
housing units.
' a Waivers of the Traffic (mpact Fees generated by the on-site empioyee 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 Plarr
°5.1 Additional residential growth should continue to occur
primarily in existing, platted areas and as appropriate in new areas
where high hazards do not exist.
5.3. Affordable employee housing should be made available
through private efforts, assisted by limited incentives, provided by
the Town of Vail, with appropriate restrictions.
5.4 Residential growth should keep pace with the market place
demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and
upgraded. Additional employee housing needs should be
accommodated at varied sites throughout the community."
Staff believes the proposed text amendments would better implement and
better achieve the following adopted goals, objectives and policies of the
Vail Village Master Plan:
"Goa! #2: To fosfer a strong tourisf industry and promote year-
around economic health and viability for the village and for the
community as a whofe. "
"2.6 Objective:
Encourage the development of affordable housing units
through the efforts of the private sector.
18
2. 6.1 Policy: Employee housing; units may be required as part of any
new or redevelopment project requesting density over that
allowed by exisfing 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 fhe development of
affordable housing by providing limited assistance."
Staff believes the proposed text amendments wou(d better impiement and
better achieve the following adopted goals, objectives and poficies of the
Lionshead Redeve(opment Master P(an:
"4.1 Housing
Recent communrty surveys and grass-roots planning efforts such
as Vai! Tomorrow have identified the /ack of loca/s housing as fhe
most critical issue facing the Vail community.
4.8.4 Parking for Employee Housing
The unit-faparking space ratio for emplayee housing should be
reduced to maximize the housing opportunities in west Lionshead.
During the master planning process, the Vail Town Council foured
several employee housing complexes in Keystone Resorf thaf
averaged.25 cars per bed (one parking space per four-bed unif).
Most of these complexes af Keystone are removed from the core
and depend on a bus transit system to carry employees to and
from work. Yet, Keystone property managers have not observed
a parking shortage. Likewise, at the Rivers Edge employee
housing projecf 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 Opporfunities
The first means of implemenfing housing goals in Lionshead is
fhrough policy based requirements such as fhe employee
generation ordinance currently being pursued by the Vai! Town
Council. As required by a future ordinance, afl development and
redevelopment projects, as a prerequisite to projecf 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 af least 30 percent of the warkforce through policies,
regulations and publicly initiated development.
Actions?Strategies
o Update housing regulations to include more zone districts
that are required to provide employee housing_
• Redeve/op Timber Ridge to increase number of employee
beds.
•Use employee housing fund for buy-downs and other
programs thaf wiIl increase the number of employees living
within the fown.
• 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 infrastrucfure that promotes community, reduces transit needs
and keeps more employees living rn 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:
0 Research and propose next steps for strengthening the
town's inclusionary zoning and commercial linkage
policies, including requirements for more zone districfs."
Staff believes the proposed text amendments would better implement and
better achieve the foliowing 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.
Devefop affordable housing throughout the county except for
seasona/ workers, whose housing should be concentrafed 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 deveiopment 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 specifical(y related to on-
site units are consistent with the goais and objectives of the Town's
Zoning Regulations, Land Use Plan, Vail Village Master Plan, Lionshead
Redevefopment Master Pfan, 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 RECOIVIMEPIDATIOiV
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
motian:
"The. Planning and Environmental Commission forwards a
recommendation of approval of prescribed regulation amendmenfs to
Chapters 12-13, Employee housing, 12-23, Commercial Linkage and 12-
24, Inclusionary Zoning, Vail Town Code, to esfab/ish standards and
criteria related to mitigating employee housing requiremenfs, and setting
forth details in regard thereto. "
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vai! Town Council for the proposed text
amendment, the Community Development Department recommends the
Commission makes the following findings:
"Based upon the review of the criferia ouflined in Section VI of Staff's
March 10, 2008, memorandum and the evidence and testimony
presented, the Planning and Environmental Commission finds:
1. That the amendmenf is consistent with the applicable elements of the
adopted goa/s, objectives and policies outlined in fhe Vail
Comprehensi+re Plan and is compatible with the development
objectives of the Town,- and
2. That fhe amendment furthers the general and specific purposes of fhe
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 thaf conserves and enhances
its natural environment and its esfabfished character as a resort and
residenfial community of the highest quality. "
Vtll. ATTACHMENTS
A. Draft Ordinance No. 1, Series of 2008
B. Mitigation Methods Analysis
22
Attachment A ,
DRAFT
ORDINANCE NO. 1
SERIES 2008
AN ORDINANCE AMENDING ARTICLES 72-6A, HILLSIDE
RESIDENTIAL DISTRICT; 12-66, SINGLE-FAMILY RESIDENTIAL
DISTRICT; 12-6C, TWO-FAMILY RESIDENTIAL DISTRICT; 12-613,
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,
COMMERCFAL CORE 3 DISTRICT; 12-7E, COMMERCIAL SERVICE
CENTER; 12-7F, . ARTERIAL BUSINESS DISTRICT; 12-7H,
LtONSHEAD MIXED USE 1 DISTRICT; LlONSHEAD MIXED USE 2
DISTRICT; 12-7J, PUBLIC ACCOMMODATION 2 DISTRICT; 12-8A,
AGRICULTURAL AND OPEN SPACE DISTRICT; 12-8D, SKI
BASE/RECREATION DISTRICT; 12-$E, 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 SETTIN.G FORTH DETAILS IN REGARD THERETO
WHEREAS, on March 10, 2008, the Planning and Environmental Commission of
the Town of Vail held a public hearing and reviewed and forwarded a recommendation of
for fhe proposed text amendments to the Zoning Regulations to the Vail Town
Council in accordance with the procedures and criteria anct findings outlined in Chapter .
12-3 of the Zoning Regulations of tMe 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 Counci( finds and determines that the amendments are
consistent with the applicable elements of the adopted goals, objectives and policies
outlined in the Vail Comprehensive Pian and is compatible with the development
objectives of the Town, based upon Section VI of the Staff memoiandum to the Planning -
and Environmental Commission dated March 10, 2008, and the evidence and testimony
presented; and,
WHEREAS, the Town Council finds and determines that the amendments further
the general and specific purposes of the Zoning Regulations, "based upon Section VI of
the Staff memorandum to the Planning and Environmental Commission dated March 10,
2008, and the evidence and testimony presented; and,
23
WHEREAS, the Town Council finds and determines that the amendments
promote the health, safety, morals, and general weifare of the Town and promote the
coordinated and harmonious development of the Town in a manner that conserves and
enhances its natural environment and its established character as a resort and
residential community of the highest quality, based upon Section VI of the Staff
memorandum dated March 10, 2008,
WHEREAS, the Town Council finds and determines that the public health, safety,
and welfare will be served by these adopting regulations, based upon Section VI of the
Staff memorandum to the Planning and Environmental Commission dated March 10,
2008, and the evidence and testimony presented.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, eOLORADO, THAT:
Section 1. Article 12-6A, Hillside Residential District, of the Vail Town Code
is hereby amended as follows (text to be deleted is in str4kethFeugh, 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 fhe HR district:
Single-family residential dwellings.
' Employee Housing Units, as furfherregulated
by chapfer 13 of this title.
, . .
Section 2. Ar ticle 12-613, Single Family Residential District, of the Vail Town
Code is hereby amended as follows (text to be deleted is in sfriLnfhrnuryh, text that is to
be added is bold. Sections of text that are not amended have been omitted.)
12-68-2: PERMI TTED USES:
The following uses shall be permitted in the SFR district:
Single-family residential dwellings.
-TjfpQ-EE e^,^'^We hous;^y ^ Employee Housing Units, as furtherregulated
by chapter 13 of this title.
Section 3. Article 12-6C, Two-Family Residential District, of the Vail Town
Code is hereby amended as follows (text to be deleted is in sff+lothr-Ou , text that is to
be added is bold. Sections of text that are not amended have been omitted.)
12-6C-2: PERMITTED USES:
The following uses shall be permitted in the R district:
Single-family residential dwellings.
Two-family residential dwellings.
T~~ i Employee Housing Units, as furfher regulated
by chapter 13 of this title.
, -
, •
24
Section 4. Article 12-6D, Two-Family Primary/Secondary Residential District,
of the Vail Town Code is hereby amended as follows (texf fo be de(eted is in •
s#fiket#r-eugh, 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 perrnitted.-
Single-family residential dwellings.
Two-family residenfial dwellings. -Typb empkWee housing uni Employee Housing Units, as further regulated
by chapter 13 of this title.
. .
, .
Section 5. Article 12-6E, Residential Clusfer District, of the Vail Town Code is
hereby amended as follows (text to be defeted is in , text that is to be added
is bold. Sections of fext that are not amended have been omitted.)
92-6E-2: PERMITTED USES:
The following uses shall be permitted in the RG district.-
Multiple-family residential dwellings, including atfached or row dwellings and
condominium dwellings with no more than four (4) units in any new building.
Single-family residential dwellings.
Two-family residential dwellings.
T-ype 1b~ Employee Housing UnFts, as further regulated by chapter 13 of this title.
9 2-6E-3: COND1 TIONAL USES:
The following conditional uses shall be permitted in the RC district, subject to
issuance of a conditional use permif in accordance with the provisions of chapter
96 of this title:
Bed and breakfasts as further regulated by section 92-94-18 of this title.
Business offrces, as further regulated by subsection 92-16-7A93 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 12-96-7A13 of this title.
Public buildings, grounds and facilities.
Public or private schools.
Public park and recreation facilities.
Public ufility and public service uses.
Ski lifts and tows.
r" .
Employee Housing Units, as further regulated 6y Chapfer 13 of this Title.
Section 6. Article 12-6F, Low Density Multiple-Family District, of the Vail
Town Code is hereby amended as follows (text to be deleted is in st4kethFeugh, 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 permiited in the LDMF district:
25 L
Multiple-family residential dwellings, including aitached or row dwellings and
condominium dwellings_
Single-family residential dwellings.
Two-family residential dwellings.
T"-
Employee Housing Units, as further regulafed by chapfer 13 of this title.
12-6F-3: CONDlTIONAL 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 fitle.
Dog kennels.
Funiculars and other similar conveyances.
Home child daycare facitities as further regulated by section 12-14-12 of this tifle.
Private clubs.
Public and private schools.
Public buildings, grounds and facilifies.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Type 11 en4pk)~eee h9t4&ipg ungs (04U) as p.m_W4_ed_.i.P -r-hapter- 43 ef this tWe.
Employee Housing Units, as furfher regulafed by Chapfer 13 of this Titie.
Section 7. Article 12-6G, Medium Density Multiple-Family District, of the Vail
Town Code is hereby amended as follows (text to be deleted is in °friLefhrough, 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 aftached or row dwe!lings and
condominium dwellings.
Single-family residential dwellings.
Two-family residential dwellings.
' Employee Housing Units, as further regulated
by chapter 13 of this trtle.
12-6G-3: CONDITIONAL USES: . The following condifional uses shall be permifted in the LDMF district, subject to
issuance of a conditional use permit in accordance with fhe provisions of chapter
16 of this title: ,
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Dog kenne/s.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Private clu6s_
Public and private schoo/s.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and fows.
26
Tvne lll omn/nimn {inuninrr umifn /E1..-ll /1 as nrnvirlei-l in nh~n~a .......N.... r'/`~ n~~'/'iic~ fil'Ia .
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Section B. Article 12-6H, High Density Multiple-Family District, of the Vai{
Town Code is hereby amended as follows (text to be deleted is in s}FLefhrnurrh, text that
is to be added is bold. Sections of text that are not amended have been omitted.)
12-6H-2: PERMlTTED 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 (1 D%) of the total gross residential floor area (GRFA) of the main
structure or structures on the sife; additional accessory dining areas may be
Iocafed on an outdoor deck, porch, or ferrace.
Multiple-family residential dwellings, including attached or row dwellings and
condominium dwellings.
T~~I~ " Employee Housing Units, as further regulated
by chapter 13 of fhis title.
12-6H-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the HDMF district, subject to
issuance of a conditional use permit in accordance with the provisions of chapter
16 of this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Dog kennels.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Private clubs and civic, cultural and fratemal organizations.
Private parking structures.
Private unstructured parking.
Public and privafe schoo/s.
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 unifs.
Employee Housing Unifs, as further regulafed by Chapter 93 of this Title.
Section 9_ Article 12-61, Housing District, of the Vail Town Code is hereby
amended as follows (text to be deleted is in °f^Lofhrnugh, text that is to be added is
bold. Sections of text that are not amended have been omitted.)
12-6I-2: PERMITTED USES:
The following uses shall be permitted in the H district:
Bicycle and pedestrian paths.
- 27
,
#-+#lb- Employee Housing Units, as further regulated by Chapter 93 of this
Title.
Passive outdoor recreation areas, and open space.
12-61-3: COND1TlONAL USES:
The following conditional uses shall be permifted in the H district, subject to
issuance of a conditional use permit in accordance with the provisions of chapfer
16 of this title:
Commercial uses which are secondary and incidental (as determined by the
planning and environmental commission) to the use of employee housing and
specifically serving the needs of the residents of fhe development, and developed
in conjunction with employee housing, in which case the following uses may be
allowed subject to a cnnditional use permit:
Banks and financial institutions.
Business offices and professional offices as further regulated by section 12-16-7
of this title.
Child daycare facilities.
Eating and drinking establishments.
Funiculars and other similar conveyances.
Healfh clubs.
Personal services, including, but not limited to, laundromats, beauty and barber
shops, tailor shops, and similar services.
Retai/ 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 nof the primary use of the property. The GRFA for
dwelling units shall not exceed thirty percent (30%) of the total GRFA
constructed on tfte proper(y, and
C. Dwelling units are only created in conjunction wifh employee housing, and
D. Dwelling units are compatible with the proposed uses and buildings on the
site and are compafible with buildings and uses on adjacent properties.
Outdoor patios.
Public and private schools.
Public buildings, grounds and facilities.
Public parks and recreational facilities. •
Public utilities installations including transmission lines and appurtenant
equipment. .
T" emp,e oe r,^„s•^^ ,.^;f.. Employee Housing Units, as further regulated
by chapter 13 of this title.
Section 10. Article 12-7A, Pubiic Accommodation District, of the Vail Town
Code is hereby amended as follows (text to be deleted is in an:i c°cmiva9i-'r, text that is to
be added is bold. Sections of text that are not amended have been omitted.)
12-7A-2: PERMI TTED USES: The following uses shall be permitted in the PA district:
28
Lodges, including accessory eating, drinking, or retail establishments located
within the principal use and not occupying more than ten percent (10%) of the
total gross residentiaf floor area of the main structure or sfructures on the site;
additional accessory dining areas may be located on an outdoor deck, porch, or
terrace.
' Employee Housing Units, as further regulated
by chapter 13 of this title.
12-7A-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the PA disfrict, subject to
issuance of a condifional use permit in accordance with the provisions of chapter
16 of this fitle:
Bed and breakfasts, as furtherregulated by section 12-1¢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 (909,o) and fifteen
percent (159,o) of the total gross residential floor area of the main structure or
structures on fhe sife.
Major arcades.
Private clubs and civic, cultural and fraternal organizations.
Private parking structures.
Private unstructured parking.
Professiona/ and business offices.
Public and private schoo/s. .
Public buildings, grounds and facilifies.
Public parking structures.
Public parks and recreational facilities.
Public transportation terminals_
Public unstructured parking.
Public utility and public service uses.
Religious insfitutions.
Ski lifts and tows. Theaters and convention facilities.
~P•
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Section 11. Article 12-713, Commercial Core 1 District, of the Vail Town Code
is hereby amended as follows (text to be deleted is in sf°f~^Lhrn, text that is to be
added is bold. Sections of text that are not amended have been omitted.)
12-78-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN
LEVEL:
B. Permitted Uses: The following uses shall be permitted in basement or
garden levels within a structure: 8. Type-N~ employee housing units, as furfher regulated by chapter 13 of this
title.
29
12-78-3: PERMlTTED AND CONDITIONAL USES; FlRST FLOOR OR STREET
LEVEL:
B.Permitted Uses: The following uses shall be permitted on the frrst floor or
street level within a structure:
4, r~'Ty ^ ' Employee Housing Units, as further
regulated by chapter 13 of this title.
12-78-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR:
A.Permitted Uses; Exception: The following uses shall be permitted on the
second floor above grade within a structure; provided, however, that a
conditional use permit will be required in accordance with chapter 16 of this
title for any use which eliminates any existing dwelling ar accommodatian unit
or any portion thereof.-
g. r"- i Employee Housing Unifs, 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 conditiona/ use permif in
accordance with the provisions of chapfer 16 of this title:
Dog kennels.
Electronics sa/es and repair shops_
Household appliance stores.
Liquor stores.
Luggage stores. •
Meeting rooms.
Outdoor patios.
Theaters.
-r"- •
Emp/oyee Housing Units, as further regulated by Chapter 93 of this
Title.
12-78-5: PERMI7TED AND CONDITIONAL USES; ABOVE SECO/VD FLOOR:
A.Permitted Uses: The following uses shall be permitted on any floor above
the second tloor above grade:
Lodges.
Multiple-family residential dwellings.
T•~i~ " Employee Housing Units, as further
regulated by chapfer 13 of this title.
B.Conditiona! Uses: The following uses shall be permifted 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 condifional use which eliminates any existing dwelling or
accommodation unit, or any portion thereof, shall require a conditional use
permit Such uses may include:
8 ~-Ppc T~.no !1 1 om~..nln~ioe hn~ ninry ~~nifc~ /CLJI 11 ~c ~ nrn~iir/orLin nhanfor7'2 nf Fhin
Trr . ~~.,_i r•--•--- -
#Ne. Employee Housing Unifs, as further regulafed by Chapfer 13 of this
Title.
30
Section 12. Article 12-7D, Commercial Core 3 District, of the Vail Town Code
is hereby amended as follows (text to be deleted is in s4*9thFeuO, text that is to be
added is boid. Sections of text that are not amended have been omitted.)
12-7D-9: PERMITTED USES:
The following uses shall be permitted in the commercial core 3 district.
Banks and frnancial institutions.
Eafing 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 withoat bulk cleaning or dyeing.
Laundromats.
Shoe repair.
Small appliance repair shops, excluding fumiture repair.
Tailors and dressmakers.
Travel and ficket agencies.
. Professional offices, business offrces; and studios.
Retail stores and estabJishments withouf limif as to floor area including the following:
Apparel sfores.
Art supply stores and gaUeries.
Auto parts stores. -
Bakeries and confectioneries, preparation of producfs for sale on the
premises.
Bookstores.
Building materials stores wifhout outdoor storage.
Camera stores and photographic studios.
Candy stores.
Chinaware and glassware stores.
Delicatessens and specialfy food stores.
Department and general merchandise stores_
Drugstores.
Electronics sales and repair shops. .
F/orists_
Food stores.
Fumiture stores.
Gift shops. .
Hardware stores.
Healfh food stores.
Hobby stores.
Household appliance stores. Jewelry stores.
Leather goods stores.
Liquor stores. , 31
Music and record stores.
Newsstands and tobacco stores.
Photographic studios. Radio and television broadcasting studios.
Sporting goods stores.
Stationery stores.
Supermarkets.
Toy sfores.
Variety stores.
Yardage and dry goods stores.
-Type-EEmp/oyee Housing Units, as further
regulafed by chapfer 13 of this fitle.
Additional offices, business, or services defermined to be similar to permifted
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, subjecf to issuance of a conditional use permit in accord with the
provisions of chapter 16 of this title:
Any use permifted by secfion 12-7D-1 of this article which is not conducfed
entirely within a building.
Bed and breakfasfs as fu?ther regulated by section 12-14-98 of tf?is title. Brew pubs.
Child daycare center.
Commercial laundry and cleaning services, bulk plant.
Commercial storage.
Dog kennels.
Drive-up facilities_
Major arcades.
Massage parlors.
Outside car wash.
Pet shops.
Public buildings, grounds, and facilities.
Public park and recreafion facilities.
Public utility and public service uses.
Radio and television signat relay transmission facilities.
Theaters, meeting rooms, and convention facilities.
Transportation businesses.
Tvno !(I nmrJrniae hnusinn uniFs 604I 1) ac+ nrnvir/o.. ~ in nli~nf~ . ~ y....... r'I? ~f Fhic+ fiflo
. .
Employee Housing Units, as further regulafed by Chapter 13 of fhis
Tifle.
Section 13. Article 12-7E, Commercial Service Center District, of the Vail
Town Code is hereby amended as follows (text to be deleted is in stFikethr-eug#, text that
is to be added is 6old. 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
32
Banks and frnancial 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 offce services.
Cleaning and laundry pick up agencies without bulk cleaning or dyeing.
Laundromafs.
Small appliance repair shops, excluding fumiture repair.
Tailors and dressmakers.
Travel and ticket agencies.
Professional offices, business offrces, 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 pFOducts for sa/e on
the premises.
Bookstores.
Building materials stores without outdoor storage.
Carnera stores and photographic studios.
Candy stores.
Chinaware and glassware stores_
De/icatessens and specialty food sfores.
Department and general merchandise stores.
Drugstores. ,
Electronics sales and repair shops.
Florists.
Food sfores.
Furniture stores.
Gift shops. Hardware stores.
Hobby stores.
Household appliance sfores.
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.
Supermarkefs.
Toy stores.
33
Variety stores.
Yardage and dry goods stores.
Additional offices, businesses, or services determined to be similar to
permifted 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.
92-7E-4: CONDJTIONAL USES:
The following conditional uses shall be permifted in the CSC district, subject to
issuance of a condifional use permit in accordance wifh fhe provisions of chapter
16 of this title:
Any use permitted by section 12-7E-3 of this article, which is not conducted
entirely wifhin 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 utilify and public service uses.
Ski {ifts and tows:
Theaters, meetings rooms, and convention facilities.
#-We.-Employee Housing Unifs, as further requlated by Chapter 13 of
this Title.
Section 14. Article 12-71F, Arterial Business District, of the Vail Tovvn Code is
hereby amended as follows (text to be deleted is in sk*etqfeugh, text that is to be added
is bold. Sections of text that are not amended have been omitted.)
12-7F-3: PERMlTTED USES:
The following uses shall be permitted in the arterial business districf`
Eating and drinking establishments, as follows, are permiited on tf?e first
(street) Ievel:
Cocktail lounges and bars.
Coffee shops, fountains, sandwich shops and resfaurant.
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 frrsf
(street) leveL-
Beauty and barber shops.
Shoe repair.
Tailors and dressmakers. .
34.
Travel and tickef agencies.
Professional offices, business offices and studios.
Radio and television broadcasting studios.
Retail stores and estab/ishments, as follows, are deemed to be genera!!y
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.
Booksfores.
Drugstores.
Florists_
Newsstands.
Stationery stores.
Tobacco stores.
Additional offices, businesses or services determined to be similar to
permitted uses in accordar?ce with the provisions of section 92-7F-9 of this
arficle.
Employee Housing Units, as further regulated by Chapter 93 ot this
Tifle.
12-7F-4: CONDITIONAL USES:
A.Enumerated: The following conditional uses shall be permitted in fhe arterral
business district, subject to fhe issuance of a conditional use permit in
' accordance with the provisions of chapter 16 of this title:
Any use permitted by section 12-7F-3 of this article, which is not conducted
entirely within a building.
Bed and breakfasts as further provided by section 12-94-98 of this title.
Brew pubs_ Child daycare centers.
Microbreweries.
Private unstructured parking.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public services uses, including screened outside sforage.
Service yards.
Transportation businesses.
Employee Housing Units, as further regulated by Chapter 13 of this
Title. . '
Section 15. Article 12-7H, Lionshead Mixed Use 1 District, of the Vail Town
Code is hereby amended as follows (text to be deleted is in sft*?f~r-~, text that is to
be added is bold. Sections of text that are not amended have been omitted.)
12-7H-2: PERMITTED AND CONDITlQNAL USES; BASEMENT OR GARDEN
LEVEL:
B.Permitted Uses: The following uses shall be permitted in basement or
garden levels within a structure:
35
Banks and financial institutions. Child daycare centers.
Commercial ski storage.
Eating and.drinking establishments.
Personal services and repair shops.
Professional offices, business offces and sfudios.
Public or privafe lockers and storage.
Recreation facilities.
Retail establishmenfs.
Skier ticketing, ski school and skier services.
Travel and ticket agencies.
T"- EmpJoyee Housing Units, as further
regulated by chapter 13 of this title.
Additional uses determined fo be similar to permitted uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
12-714-3: 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 establishmenfs.
Skier ticketing, ski school and skier services. Travel and ticket agencies. .
Type-1 e^,^?^„e^ h^.,°i^^ u^Employee Housing Units, as further
regulated by chapter 13 of fhis title.
Addifional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this tifle.
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.
Aftached accommodation units.
Lodges_
Mulfiple-family residential dwelling units, timeshare units, fractional fee clubs,
lodge dwelling units, an
in Gl+nnfer '(3 nf fhin fiflo,
Type-NF " Employee Housing Unifs, as further ,
regulated by chapter 13 of this title.
Addifional uses determined to be similar to permitted uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
Section 16. Artic{e 12-71, Lionshead Mixed Use 2 District, of the Vail Town
Code is hereby amended as follows (text to be deleted is in sWket&ough, text that is to
be added is bold. Sections of text that are not amended have been omitted.)
36
12-71-2: PERMITTED AND CONDlTIONAL USES; BASEMENT OR GARDEIV
LEVEL:
8. Permitted Uses: The following uses shall be permifted in basement or garden
/evels within a structure:
Banks and financial institutions.
Chiid daycare centers.
Commercial ski storage.
Eating and drinking establishments.
Personal services and repair shops_
Professional offices, business offrces and studios. -
Public or private lockers and storage.
Recreation facilities.
Retail establishments.
Skier ticketing, ski school and skier services. Travel and ticket agencies.
T)pe-l-1~ ' Employee Housing Units, as further
regulated by chapter 13 of this title.
. Additional uses determined to be similar to permitted uses described in this
subsection, rn accordance wrth the provisions of section 12-3-4 of this title.
92-71-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET
LEVEL:
B.Permiffed Uses: The following uses shall be permifted on the frrst floor or street
level within a structure:
Banks, with walk-up teller facilifies.
Child daycare centers.
Eating and drinking establishrnents.
Recreation facilities.
Refai/ sfores and establishments.
Skier ticketing, ski school and skier sefvices.
Travel and ficket agencies.
r" e,,,,,,,,,,,ee hna&:ny Q,;;Employee Housing Units, as furfher
regulafed 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 secfion 12-3-4 of fhis title. ,
12-71-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND
ABOVE:
A. Permitted Uses; Exception: The following uses shall be permifted on those
floors above the first floor wifhin a structure:
Lodges and accommodafion units.
Multiple-family residential dwelling units, timeshare units, fractional fee dubs,
lodge dwel/ing unifs, and
T~pe 1~ ' Employee Housing Units, as further
regulated by chapter 93 of this title.
Additional uses determined to be similar to permitted uses described in this
subsection, in accordance with the provisions of section 12-3-4 of fhis title.
37
Section 17. Artic(e 12-8A, Agricuifure and Open Space District, of the Vail
Town Code is hereby amended as follows (text to be deleted is in , text that
is to be added is bold. Sections of text that are not amended have been omitted.)
92-8A-3: CONDITIONAL USES: The following conditional uses shall be permifted, subject to issuance of a
condifional 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 togefher in one building or
group of buildings, or in one recreation area or other public recreational facility.
Cemeferies.
Low power subscription radio facilities.
Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges.
Public and private schools.
Religious institutions.
Semipublic and institutional uses, such as convents and religious refreats.
Ski lifts and tows. Employee Housing Units, as further regulafed by Chapfer 13 of this Title.
Section 18. Article 12-8D, Ski Base Recreation District, of the Vail Town Code
is hereby amended as follows (text to be deleted is in s#fi1`°{~~, text that is to be
added is bold. Sections of text that are not amended have been omitted.}
12-8D-3: COND1TfONAL USES:
The following conditional uses shall be permitted in the ski base/recreation
district, subject to the issuance of a conditional use permit rn accordance with the
provisians of chapter 96 of this title:
Addition or expansion of storage buildings for mountain equipment.
Additions or expansions of public or private parking sfructures or spaces.
Bed and breakfast as further regulated by section 12-14-18 of this fitle.
Child daycare center.
Food and beverage cart vending.
Public, private or quasi-public clubs.
Recreation room/minor arcade.
Redevelopment of public parks, playgrounds.
Redevelopment of ski lifts and tows.
Redevelopment of ski racing facilities. .
Redevelopment of wafer storage extraction and treatment facilities. Seasona/ structures to accommodate athletic, cultural, or educational activities.
Summer outdoor storage for mountain equipment.
Summer seasonal community offices and programs.
Employee Housing Unifs, as fur#her regulafed by Chapfer 13 of this Title.
Section 19. Article 12-8E, Ski Base Recreation 2 District, of the Vail Town
Code is hereby amended as follows (text to be deleted is in stFiIcet#roug#, text that is to
be added is bold. Sections of text that are not amended have been omitted.)
12-8E-3: CONDITIONAL USES:
38
The following conditional uses shall be permitted in the ski base/recreation 2
district, subjecf to the issuance of a conditional use permit in accordance wrth tf?e
provisions of chapter 16 of this title:
Brew pubs.
Fractional fee units.
Outdoor dining decks and patios.
Private and public clubs. "
Public utility and publre service uses.
Employee Housing Units, as furfher regulated by Chapter 13 of this Title.
Additional uses determined to be similar to conditional or permitted uses
described in this chapter, in accordance with fhe provisions of section 12-3-4 of
this title.
Section 20. Article 12-913, Parking District, of the Vail Town Code is hereby
amended as follov+is (texf to be deleted is in stnncff;Fouyh, fext that is to be added is
bold. Sections of text that arE not amended have been omitted.)
92-9B-3: CONDITIONAL USES:
The following condrtional uses shall be permitted subject to issuance of a
conditional use permit in accordance with the provisions of chapter 16 of this tit/e:
Major arcades.
Parks and recreational facilities.
. Private or public off street vehicle parking structures.
Public uses, private offrce and commercial uses that are transportation, tourist ar
town related and that are accessory to a parking structure.
Temporary construction sfaging sites. For the purposes of this section, a
"femporary consfruction staging site" shall mean a site on which, for a temporary
period of time, construction materials, heavy construction equipment, vehicles
and construction trailers may be stored.
Employee Housing Unifs, as further regulafed by Ghapter 13 of fhis Title.
Section 21. Article 12-9C, General Use District, of the Vail Town Code is
hereby amended as follows (text to be deleted is in stdkethaug#, text that is to be added
is bold. Sections of text that are not amended have been omitted.)
12-9C-3: CONDITIONAL USES:
A:Generally: The following conditional uses shall be permitted in the GU disfrict,
subject to issuance of a conditional use permit in accordance with fhe
provisions of chapter 16 of this title:
Child daycare centers.
Equestrian trails.
Go/f courses.
Healthcare facilities.
Helipad for emergency and/or community use.
Major arcades.
Plant and tree nurseries, and associated structures, excluding the sale of
trees or other nursery products, grown, produced or made on the premises.
Public and private parks and active outdoor recreafion areas, facilities and .
uses.
Public and private schools.
39
Public and quasi-public indoor community facifities.
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.
Seasona/ sfructures or uses to accommodate educational, recreational or
cultural activities.
Ski lifts, tows and runs.
Employee Housing Units, as further regulated by Chapfer 13 of this
Tifle.
Water and sewage treatment plants.
Section 22. Section 12-13-4, Employee Housing, of the Vail Town Code is
hereby amended as follows (text to be deleted is in st*ethr-eug#, text that is to be added
is bold. Sections of text that are not amended have•been omitted.)
40
12-13-4: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU) TYPE
• EHU . Zoning districts Ownership/ Additional GRFA Additiona/ Site Garage Parking Minimum/Meximum Densify
permiffed by nght or Transference ,494e-6evevage Goverage / Reduced Credit/Storage GRFA of an EHU
by conditianal use Landscape Area Requirement
Type ! Permitted Use: BRAA= SITE COVERAGE: Allowed 300 sq. ft. Per ChapFer . 6esnts The
Primary/Secondary er- fFa+astermd-as The EHU is entitled to The site is entitfed to of garage area per 12-10 as a N/A EHU !s
Residenfial, an addifional 699 550 an addifiona/ 5% of enclosed vehicle dweRing unit, allowed as
Two-Family prepefqj~ sq. ft GRFA site coverege for the space at a 2ad a second
Residential deduct/on. EHU, maximum of 2 unif on fhe
(all-wi4h only on lots deed parking spaces property.
less than 14, 000 sq. uagste-aJJew-sale) LANDSCAPE AREA: (600 sq. R.).
ft. In slze) The EHU may be sold . The sife is entitled to All units not
or transferred a reducfion of construcfed wifh a
separately. landscape area by garage shell be
5% (reduced to 55% required a minimum
of site area) for the 75 sq. ft. of storage
EHU. erea in addition fo
normal closet
space. This 75 sq.
(t. shall be a credit
for stora e onl .
Type 11 Permitted Use: The EHU shall not-be The EHU is entitled to N/A Allowed 300 sq. ft. Per Chapter 8we~g-Uart. The EHU !s
Single-Family sold or transferred an eddifionel 699 550 of additional garage 12-10 as a 300 sq. R. min. and allowed as a
Residentiel, Two- separafely from the unit sq. ft. GRFA srediE. area for the EHU. dwelling unit. 1,200 sq. ft. max. 3rd th/rd unit
Famify Residential, it is associated with. deduction. A!I unifs not on property.
Primary/Secondary constructed with a 9ees-Aet
Residential garage shall be seUnE-as
required a minimum depsro'-
Conditiona! Use: 75 sq. R. of storage AgNculture & Open, area in addition to
Space norma/ closef
space. This 75 sq.
ff. shall be a credit
for stora e onl .
Type fll Permitted Use: The EHU may be sold , N/R N/A Per Chapter Dwelling unrt: Ale4setxnted
Lionshead Mixed Use or transferred -Fype-i{E-Csars 12-10 as a 300 sq. ft. min. and as-density'-
1 separately. dwel/ing unlf, 7,200 sq. ft. max. The ENUts
Lionshead Mixed Use . Dormitory unif:: excluded
2 The EHU Is from the
, Conditional Use: excluded from the be~rses-aet meFe calculaflon
Residential Cluster calcufailon of of denslty.
Low Density Mulfip(e- GRFA, aRd-ipslude8
Family ee.FAMe.R kitehea
Medium Density Multipla-Family ~nd-a
High Density Multip/e- MWMI Ing Of Wy~
Famil
41 Ortiinance No. 1, 3eries of2008, draft
Pubric ef Ga€A soo Sq.n.
Accommodation m/n. foreach person Publlc occupying fhe ENU.
Accommodation 2 Commercia/ Core 1
Commercial Core 2
Commercial Core 3
Commerc(a/ Service
Canter
Arferial Business
Parking District
Generai Use
Heavy Service
Ski ease/Recreafion
Ski Base/Recreation
2
Speclal Deve/opmenf
Disfricf
Type IV Any dwelling unit may The EHU may e,* be N/A N/A Per Cirapter Sha# be
be designated and sold or transferred
by zoning deed restncted as a separately. 9 12-10 as a ~g-er~ defeFr~'~y~
Type IV EHU, unless ~ dwelling unik Pope#~ ~iag-eA
PF9p&F4': N/A N/A PrW6,141
already designefed as The EHU Is
an ENU. calcu/ated as
denslty.
Type !V-CL Permlfted Use: The EHU may be sold N/A N/A N/A Per Chapter Per Chapter 12-23, The EHU is
(Commercia/ Any dwelling unlt or iransferred 12-10 as a Commercial calculated as
Llnhage maybe designated separately. The EHU dwelling unit. Linkage density.
mitlgatlon and deed restrlcted shal/ de linked to a
unlt) as a Type IV-CL specifrc Commercla!
EHU, unless already Llnkage employee
deslgnated as an housing mitlgatlon
EHU. requlrement.
Type IV-IZ Permitted Use: The EHU may be sold N/A N/A N/A Per Chapter Per Chapter 12-24, The EHU is
(Inclusionary Any dwe!ling unlt or transferred 12-10 as a Incluslonary calculated as ,
Zoning may be deslgnated separately. The EHU dwelling unlt. Zoning denslfy. '
mltlgatfon and deed restricted shall be Unked to a
unft) as a Type !V-IZ EHU, speciffc Incluslonary
unless already Zoning employee
designated as an housing mitigatlon
ENU. requlrement.
Type V Permitted Use: TAe EHU shall not be T-ke-E#6tis-Re~ N/A T4e-€HU as-ae~ Per Chapfer 1,200 sq, fk max. The ENU is
Hillside Residentia/ sold ortransferred ' 12-10 as a allowed
separately from the unit GRF4: . dwelling unit. cet+Rts as a
if is associated with. N/A IV/A second 2fid
unit on the
property.
. ,
42
Orrlinance No. 1, Series of 2008, draft
~
,
Type V/ Conditiona/ Use: As govemed by fhe Allewable-,si4e RequifenienEs-shaN Per Chapfer A#ewable-GFR.4 ANewable
Housing managemenf plan. be As determinsd by sevenage-and be As determined 12-10 as a skrag be As der+sitr-sl~aal
Shall not be subdivided the PEC. by the PEC. dwe!!!ng unlt determined by fhe be As
or divided into any form be As determined by or-as4eqWred PEC. determined by
of time sharB, interval the PEC. b), 'G. the PEC.
, ownership, or fractional or a parking
fee unif. management
plan per
artrcle 12•61,
Nousing
Olstrict
Typa VI!-CL PermJtted Use: The EHU may be sold The EHU !s N/A N/A Per Chapter Per Chapter 12-23, The EHU is
(Commerclal Hlgh Density or transferred excluded from the 12-10 as a Commercial excluded
Llnkage Mulflple Famfly, separafe/y. The EHU calculaffon of dwelling unit Linkage from the
mitigatlon Housing Dlstrlct, shell be Ilnked to a GRFA, or a parking calculation
uRifJ Publlc speclflc Commercial management of density, Accommodatlon, Linkage employee plan per
Publlc hous/ng mlUgatlon Chapter 12-
Accommodatlon 2, requlrement 23,
Commercial Core 7, Commercial
Commercial Core 2, Linkage
Commercial Core 3,
Commercial Servlce
Center, Arterla!
Business, General
Use, Llonshead
Mlxed Use 1,
Uonshead Mlxed
Use 2, Sk!
Base/Recreaflort,
Skl Base/Recreatlon
2, Parking Dlstrict, `
and Speclal
Development Dlstrlcts
43 Ordinance No. 1, Series of 2008, draft
TypeVll-IZ Permltfed Use: The EHU may be sold The EHU Is N/A N/A Per Chapter Per Chajvter 12-24, The EHU Is
(Inclusionary Permltted Use: or transferred excluded from the 12-10 as a lncluslonary exc/uded
Zoning High Denslty separately. The EHU calculatlon of dwelling unlt Zoning from the
mitigation Multlple Famlly, shall be Ilnked to a GRFA. or a parking ca/cu/ation
unlt) Housing Disfr/ct, speclfic lncluslonary management of density.
Public Zon(ng employee plan per
Accommodatlon, housing mitigation Chapter 12-
Publlc requlrement. 24,
Accommodatlon 2, Incluslonary
Commercial Core 1, Unkage.
Commercial Core 2,
Commercial Core 3,
Commercia! Servlce
Center, Arterlal
Business, Genera!
Use, Lionshead
Mlxed Use 1,
Lionshead Mlxed
Use 2, Ski
Base/Recreation,
Sk! Base/Recreatlon
2, Parking Dlsirict,
and Speclal
Development
Disfrlcts
44 Orclinance No. 1, Series of 2008, draft
Section 23. Chapter 12-23, Commercial Linkage, of the Vail Town Code is
hereby amended as follows (text to be deleted is in sh*ethr-eug#, text that is to be added
is bold):
12-23-1: PURPOSE AND APPLICABILlTY.'
A. The purpose of this Chapter is to ensure that new
commercial development and redevelopmenf in the Town provide for a
reasonable amount of employee housing to mitigafe the impact on
employee housing caused by such commercial development and
redevelopment.
8. Except as provided in Section 12-23-5, this Chapter shall
apply to all new commercial development and redevelopmenf located
within the following zone districts:
1. High Density Multiple Family (HDMF);
2. Public Accommodation (PA);
3. Public Accommodation 2 (PA2);
4. Commercia! Core 1 (CC1);
5. Commercial Core 2 (CC2);
6. Commercia/ Core 3 (CC3);
7. Commercial Service Cenfer (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/Recreafion (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 fo all .
other requirements of this Code.
45
D. b1/hen any provision of this Chapfer conflicts with any other
provision of this Code, the provision of this Chapter shaU control.
12-23-2: EMPLOYEE GENERATION AND MITIGATION R,4TES:
A. The employee generation rafes found in Table 23-1,
Employee Generation Rates by Type of Commercia! Use, shall be
applied to each type of use in a commercial development. For any use
not listed, the Adminisfrator shall determine the applicable employee
generation rate by consulting the Town's current nexus study.
TABLE 23-1
EMPLO.YEE 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 Offrce (excluding Rea/ Estate net floor area
Office)
Accommodafion Unit/Limited 0.7 Employees per net new units
Service Lodge Unit
Real Estate Office 5.1 Employees per 1, 000 feet of new .
net floor area
Eating and Drinking 6.75 Employees per 1,000 feet of
Establishment new net floor area
Conference Facility 0.8 Employees per 1, 000 feet of new
net floor area
Health Club 0.96 Employees per 1, 000 feet of
new net floor area
Spa 2. 9 Employees per 1, 000 feet of new
net floor area
8. If an applicant submits competent evidence that the
employee generation rates contained in Table 23-1 or the nexus study do
not accurately retlect fhe 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, fhe Administrafor shall allow for such a
deviation as the Adminisfrator deems appropriate.
46
Each commercial development or redevelopmenf shall mitigate its
impact on employee housing by providing EHUs for °
ef-the employees generated, pursuant to Table 23-1, or the nexus study,
in accordance with the requirements of this Chapter at the following
rates:
1. On-site Unifs: 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. •
5. Conveyance of Property Off-Site: 20% of the employees
generated.
> >
as fe4sws.: -
. - , - •
'
TT11r noui m GTlmp/nyonn rf~nnr~+o~ vv .~........~..i..
16.87-5 rteda~emp"es generated x 20% - 3.~
omn~oyees fn Fie hnua+ed
For exampJe, a demo/rebuild developmenf project proposes 2,500
square feet of net new floor area for an eating and drinkinq
establishment, 10,000 square feet of net new retail floor area, and
1,000 square feet of nef new real estate office floor area. The
fo/lowing ca/culafions determine the fota/ employee generafion for
the new uses;
Eatinq and Drinking Establishment:
([2,500 square feet = 1,000 square feet] x [6.75]) = 16.88
new employees generafed
Retail:
((90,000 square feet = 1,000 square feef] x[2.4]) = 24.00
new employees generated
Rea/ Estate Office:
(j1,000 square feef = 1,000 square feetJ x[5.1]) = 5.1
new employees generated
Total: 45.98 new employees generated
47
The developer musf mitigate afi least 22.99 new emp/oyees
(i.e. half the total net new employees) with on-site units and may
mitigate the remaining 22.99 new employees fhrough any
combination of the approved methods. For example, if this
developer chose to mitigate 22.99 employees on-sife, 20 off-site, and
2.99 through fee-in-lieu (far a fotal of 45.98 employees), the
calculations would be as follows:
On-site Unifs:
22.99 of 45,98 net new employees z 20% mitigation
rate = 4.60 employees fo be housed on-site.
Off-site Units: 20 of 45.98 net new employees x 100% mifigation rate
= 20 employees fo be housed off-sife.
Payment of Fee-in-Lieu:
2,99 of 45.98 net new employees x 25% mitigafion rate •
= 0.75 employees to be mitigated tiy a paymenf of fee- '
in-Iieu.
92-23-3: SIZE AND BUILDlNG 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 fhe mrnimum 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 9.75
Two-Bedroom 788 2.25
Three or More - 1,225 3.5
Bedroom
48 ,
B. Every EHU shall contain a kitchen facility or kitchenette
and a bathroom.
C. A/l trash facilities shall be enclosed.
D. Parking sha11 be provided in accordance wifh
Chapter 10 of this Title.
9. Excepfion for on-site units: At the discrefion of the
governing body, variations to the parkirrg sfandards ouflined in
Chapfer 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 tfre parking requirements for on-
site units based on a demonstrated need for fewer parking spaces
than Chapter 10 of this Tifle would require. For example, a
demonstrated need for a reduction in the required parking could
include:
a. Proximity or availabilify of alternafive modes of
fransporfafion including, but not Iimited to, public fransif
or shuttfe services.
b. A limitation placed in fhe deed restricfions limiting the
number of cars for each unit.
c. A demonsfrated permanent program including, but not
limifed fo, rideshare programs, car-share programs,
shuttle service, or staggered work shifts.
E. Each EHU shall have its own entrance. There shall be no
interior access from any EHU to any dwelling unit to which it may be
attached.
F EI..JI Ic+ sh Il nof he inrlr4rla.-! in the Tnwn~r n~~tio~+~fro~
G Cvory CLJI I nha/l hn afloworl fhrea hunrlror! /?/lfll oi-riiaro
~ ? -i
sha11 iR4QO~ minimrm nf nai-Irlifinnal oevonfii f ~io /7 r.) c~rrr~are foaf fnc
~ ~ i ~
12-23-4: REDEVELOPMENT.Employee housing impacts need only be mitigated for a
redevelopment that results in a greater number of employees generafed
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, fhat if any existing EHUs are to be removed, an equal
49
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.,
9. The redevelopment of existing commercial development, if
no new net floor area, accommodation units, or limited service lodge units
are creafed; and
2. The construction of EHUs.
12-23-6: METHODS OF MlT1GATION:
A. For all new construction and demo/rebuild projects fhat result in a
mitigation requirement of 1.25 employees or greafer, no /ess than one-half
the mitigation of employee housing required by this Chapter shall be
accomplished with on-sife units.
9. Exceptions: Af the sole discretion of the applicable
governing body, an exception may be granfed from this on-
site unit requirement should the applicable governing body
make one of the following findings:
a. Thaf implementafion of the on-site unit
mitigafion method would be confrary to the intent and
purpose of the applicable zone district
b. That implementation of the on-site unif
mitigation method would be contrary to fhe goa/s of
the applicable elements of fhe Vail Comprehensive
Plan and the Town's development objectives.
C. Thaf exceptional or exfraordinary
circumstances or conditions apply to the site thaf
prevents fhe implemenfation of the on-site unif
mitigation method.
d. That the method of mitigafion proposed better
. achieves the infent and purpose of this Chapter and
general and specific purposes of this TiUe than fhe on-
sife mitigafion unit method.
2. A/l on-site EHUs shall be deed restricfed as a"Type IV-
CL" (type four, commercia? linkage mitigation) or "Type V/I-
CL" (type seven, commercial linkage mifigafion) EHU in
accordance with Chapter 12-13, Employee Housing, of this
Tifle. , 50
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 wifh Secfion 12-23-6B below.
A: B. For all development projects excepf those mitigafed
6y Section 12-23-6A above, the mitigation of employee housing required
by this Chapter shall be accomplished through one, or any combination,
of the following methods:
1. On-site units.
a_ ,
sEPe 061s a; e aeer; e&Wsted in assoTdans° 1^4M th~
6~~Al1 on-site EHUs shall be deed restricted as a
"Type 1V-CL" (type four, commercial linkage
mitigation) or "Type Vll-CL" (type seven, commercial
linkage mitigation) EHU in accordance with Chapter
12-13, Employee Housing, of fhis Title.
~nrl
Af t{~,.,i-ft: sole innr~fnirnl+n rif f1-~e ~lnrinin.... , y i-+
-~SvT~rn~vrc . .
U
i
Development ,
i > >
r
. At the sole discrefion of the applicable
governinq hody, 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 fhe construction of
EHUs, at the sole discretion of the Town Council. This method -
does not mitigate the on-sife 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.
51
b. At the sole discretion of fhe Planning and
Environmental CommissioR, an applicant may provide off-
site dormitory units, unless the application is for a Special
Development District, in which case, the Town Council, in
ifs so/e discrefion, may accept dormitory units as a method
of mitigafion.
4. Payment of fees-in-lieu. The-~°-.a^T nins a~rII
, ,
f{iin Gftanfer
a_ The fee-in-lieu for each employee fo be
housed shag be established annually by resolution of the
Town Council, provided that, in calculating that fee, the
Town Council shall include the net cost (tofal 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 fhe
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
resolufion 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 permif for the development
d. The Town shall only use monies collected
from fees-in-lieu to provide new employee housing.
5. Conveyance of property off-site. The Town Counci/
may, at its so/e discretion, accept fhe conveyance of property off-
site in lieu of requiring the provision of EHUs, provided fhat no
covenants, restrictions or issues exist on such properfy fhat would
' limit the construction of EHUs.
R. ~.~fE].t~ e~f~nll he~ nairl ieiFien the nain~~lafinn f
~
dcifnrrr~in~ fti~ n~rmher ~f mm~ln~io~n r~onn. ----r-_• • ---mfarl ~~nrlor fhio ('h~n}nr roor~~fc .l....,~
- in a fnarfionnl numher .~~f c~mnl~va~n
. . ......N.,..J
12-23-7: MlTIGATION BANK:
A. The Town will provide credit for any EHUs constructed on-
site, canstructed 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 acquisifion. of EHUs in anficipation of future development is at the sole
risk of the applicant, because fhe commercial development shall be
52
subject to all regulations pertaining to EHUs which are in effect at the time
the application for commercial development review is submitted to the Town, even if fhose regulations change after the EHUs are constructed.
8. lt 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 shafl not be obligated to provide such
credit
12-23-8: ADM/NISTRATION:
A. Each appiication for development review, except fhose
exempt per Sectian 12-23-5, shall include an employee housing plan eF
st.,fe.,,,,.,f r.f evomnfinn which includes the following:
1. Calculation Method. The calculation of employee
generation, including credits if applicable, and tf?e mitigation
method by which the applicant proposes to meet the requirements of this Chapter,
2. Plans. A dimensioned site plan and architectural
floor plan that demonsfrates compliance with Section 12-23-3,
Size and Building Requirements;
3. Lot Size. The average lot size of the proposed
EHUs and the average lot size of other dwelling units in the
commercial developmenf or redeve/opment, if any;
4. Schedules. A timeline for the provision of any off-
sife 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 sfatement explaining the
basis for the requesf;
7. Fees-in-lieu. A proposal to pay fees-in-lieu shall
include a brief statement explaining fhe basis of the proposal; and
8. Written Narrative. A written narrafive explaining
how the employee housing plan meets the purposes of this
Chapter and complies with the Town's Comprehensive Plan.
~
Q B. Governing Body:
53
The Administrator shall apprvve, approve with modiFications
or deny an emp/oyee housing plan involving a total mitigation
requiremenf of /ess than 1.25 employees.
The Planning and Environmental Commission shall approve,
approve with modifications or deny an employee housing plan un/ess the
p/an involves a total mitigation requiremenf of /ess than 1.25
emp/oyees; the development pJahq is located within a Special
Development District; or the plan includes a request to convey property.;
, appmve
. -
The Town Council shall approve, approve wifh modifications
or deny an employee housing plan for a developmenf /ocated wifhin
a Special Development District or a plan requesfing to convey
property.
Before granting approval of an employee housing plan, the
applicable governing body shall make findings thaf the employee
housing plan conforms to fhe general and specific purposes of this
tifle, and fhat the plan is compatible with fhe applicable e/emenfs of
the Vail Comprehensive Plan and the development objectives of the
Town. D: E. If modifications to a submittect application for development
review changes the obligations of the applicant under this Chapter, the
applicant shall submit a modifred employee housing plan. A modification
to an employee housing plan shall be reviewed by the body that reviewed
the initial employee housing plan, in accordance with fhe provisions of
fhis Chapter.
€ F. An approved employee housing plan shall become part of
the approved application for development review for the affected site.
G. Requesfs fo amend an approved employee housing
plan shall be reviewed in accordance with fhe procedures described
in this Chapfer. Af the discretion of the Adminisirator, minor
amendments fhat do nof alter the basic intent or methodology of the
plan may be approved, or approved with modifications, or denied by
the Administrator.
12-23-9: OCCUPANCYAND DEED RESTRICTIONS:
A. No EHU shall be subdivided or divided into any form of
timeshare unif or fractional fee club unit.
8. EHUs shall not be leased for a period less than thir(y (30)
consecutive days.
C. An EHU may be sold or transferred as a separate unif on
the site.
54.
D. An EHU shall be continuously occupied by an employee
Fente and shalJ not remain vacant for a period in excess of three (3)
consecutive months unless; despite reasonable and documented efforts
to F--W occupy the EHU, Featal efforts are unsuccessful.
E. No later than February 1 of each year, the owner of an
EHU sAall submit a swom affidavit on a form provided by the Town to the
Town of Vail Community Development Department confaining the
following information:
1. Evidence to establish that fhe EHU has 6een
occupied throughout the year by an employee;
2. The rental rate (unless owner-occupied);
3. The employee's employer, and
4. Evidence to demonstrafe thaf af leasf one #eAan
person residing in the EHU is an employee.
12-23-10: TlM/NG:
All EHUs required by this Chapter shall be ready for occupancy
prior to the issuance of a temporary certificate of occupanCy for the
affected commercial development or redevelopment.
12-23-91: VARIANCES:
Variances from the requirements of this Chapter may be granted
pursuant fo the procedures and standards set forth in Chapter 17 of fhis
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.
13. Planning and Environmental Commission review. Any
applicant for commercial development who fee/s that the application of
this Chapter would effect an unlawful taking may apply to the Planning
and Environmenfal Commission for an adjustment of the requirements
imposed by this Chapfer. !f fhe Planning and Environmenta! Commission
determines thaf fhe application of this Chapter would resulf in an unlawful
taking of private prope?ty wifhout just compensation, the Planning and
Environmenta! 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.
55
C. Town Council review. !f 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 tf?e fulfrllment of the
requirements of this Chapter would effect an unconstitutional faking
without just compensation pursuant to applicable law. If the Town Council
determines that the application of this Chapfer would effect an illegal
taking without just compensation, the Town Council may alter, lessen, or
adjust the employee housing requirements as applied to the particular
project under consideration to ensure that no illegal uncompensated taking occurs. The decision of fhe Town Council shall be fnal, subject
only to judiciaJ review.
Section 24. Chapter 12-24, inciusionary Zoning, of the Vail Town Code is
hereby amended as follows (text to be deleted is in stf+kethr-ough, 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 developmenf and redevelopmenf in the Town of Vail provide
for a reasonab/e amount of employee housing to mitigate fhe impact on
employee housing caused by such residential development and
redevelopment.
8. This Chapter shall apply fo all new residential development
and redevelopment located within the following zone districts, except as
provided in Sectian 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);
56
11. Lionshead Mixed Use 1(LMU1);
12. Lionshead Mixed Use 2(LMU2);
13. Ski Base/Recreation (SBR); .
14. Ski Base/Recreation 2 (SBR2);
15. Farking District (F); 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 confrol.
12-24-2: EMPLOYEE HOUSING REQUIREMENTS:
Every residenfial development and redevelopment shall be
required to mitigate its direct and secondary impacts on fhe Town by
providing employee housing at a ^~-~.T~~g^^ Fa+e ^f +o., .,o~,.o.,+_c~no~? „f
. . - i • - - -i -
*h^ +^+^l ^ow r'OF^.. the fo/lowing mitigation rafes:
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 Unifs: 50% of the net new GRFA.
4. Payments of Fee in Lieu: 25% of the net new GRFA.
5. Conveyance of Property Off-Site: 90% of fhe net new
G
F-OF RFA. > >
0
,
. For example, a demo/rebuild development project proposes
120,000 square feet of nef new GRFA. The developer must mitigate
at leasf 60,000 square feet (i.e. half fhe fotal net new GRFA) with on-
site units and may mitigate the remaining 60,000 square feet through
any combination of the approved metMods. If this developer chose
to mitigate 60,000 sq, ft on-site, 50,000 sq. ft, off-site, and 90,000 sq.
ft. through fee-in-lieu (for a fotal of 920,000 sq. ft.), the calculafions
would be as follows:
57
On-site Units:
60,000 of 120,000 square feet of net new GRFA x 10%
mitigation rate = 6,000 square feet of employee
housing to be provided on-sife.
Off-site Unifs:
50,000 of 120,000 square feet of net new GRFA x 50% _
mitigation rate = 25,000 square feef of employee
housing to be provided off-site.
Paymenf of Fee-in-Lieu:
10,000 of 120,000 square feet of nef new GRFA x 25%
. mitigation rate = 2,500 square feet of employee
housing to be provided payment of fee-in-lieu.
92-24-3: BUlLD/NG REQUIREMENTS:
A. Table 24-1, Size of Employee Housing Units, establishes
the minimum size requirements for EHUs under this Chapfer. All EHUs
shall meet or exceed the minimum size requirements.
TABLE 24-1
SIZE OF EMPLOYEE HOUSlNG UNITS
Type of Unit Minimum Size (GRFA)
Dormitory 250 Studio 438
One-Bedroom 613 Two-Bedroom 788
Three or More -Bedroom 1,225
B. Every EHU shall confain a kitchen facility or kitchenette
and a bathroom.
C. All trash facilities shall be enclosed. D. Parking shall be provided by in accordance with
Chapter 10 of fhis Tifle.
58
1. Exception for on-site EHUs: At the discretion of fhe
governinq body, variations to the parking standards ouflined in
Chapter 10 of this TitJe may be approved during the review of an
employee housing plan subject to a parkirig management plan. The
parking management plan may be approved by the governing body
and may provide for a reduction in the parking requirements for on-
site unifs based on a demonstrafed need for fewer parking spaces
than Chapter 90 of this Tifle would require. For example, a
demonstrated need for a reduction in the required parking could
include:
a. Proximity or availabilify of alternative modes of
transportation including, but not /imited fo, public fransit
or shuttle services.
b. A limitafion placed in fhe deed resfrictions limiting the
number of cars for each unit
c. A demonstrated permanent program including, but rtot
limifed to, rideshare programs, car-share programs,
shuttle service, or staggered work shifts.
E. Each EHU shall liave ifs own enfrance. There shall be no
interior access from any EHU to any dwelling unif to which it may be
attached. F r(JI ! L, II f i. I.J v r! " fF~e~ Tn~in°o G~+IniJafir+nn fi~r
--n-.--cr
G. E?/eiy E449 sttaii tFe °llnwnd Ehree hunrlrerl (300) &yuare
oFi ll innhudo n minimim nf nn a--"---- -!rlifinn / on~~onfii fi~~t~ /1 orniore fe~nf
- ---v - - (7-5) .
12-244: REDEVELOPMENT.Employee housing need only be provided for the increase in fhe
GRFA of a redevelopment; provided however, that if any existing EHUs
are to be removed, an equal amount of EHUs shall be replaced in
addition to other requirements of this Chapter.
12-24-5: EXEMPTIONS;
The following shall be exempt from this Chapter.
1. The remodeling of an existing dwelling unit;
2. The rep/acement of a demolished residential development,
provided the replacement structure does not exceed fhe total GRFA of fhe
original sfructure; and .
59
3. The construction of EHUs.
12724-6: METHODS OF MlTIGATION:
A. For afl new construction and demo/rebuild projecfs thaf resu/t in a
mitigation requirement of 438 sq, ff, or greafer, no less than one-half (Z)
fhe mitigation of employee housing required by this Chapter shall be
accomplished with on-site unifs.
1. Exceptions: At the sole discre#ion of the applicable
qoverning body, an exception may be granted from fhis on-
sife unit requirement shou/d the applicable governing 6ody
make one of the followinq findings;
a. That implementation of the on-site unif
mitigation mefhod would be contrary fo the intent and
purpose of the applicable zone disfrict
b. Thaf implemenfation of the on-site unit
mitigation rreethod wou/d be contrary to the goa/s of
the applicable elernents af the Vai! Comprehensive
Plan and the Town's development objectives.
c. Thaf exceptional or exfraordinary
circumsfances or conditions apply to the site fhaf
prevents the implemenfation of the on-site unit
mitigation method
d. Thaf fhe method of mitigation proposed beffer
achieves the intenf and purpose of fhis Chapter and
general and specific purposes of this Title than the on-
sife mitigation unit mefhod.
2. All on-site EHUs shall be deed restricted as a"Type IU-
!Z" (type four, inclusionary zoning mifigation) or "Type VII-IZ"
(type seven, inclusionary zoning mitigafion) EHU in
accordance with Chapfer 12-13, Employee Housing, of this
Title.
3. At the so/e discretion of the applicable governing body,
an applicant may provide on-site dormitory sfyle units.
4. An applicant may provide a payment of fees-in-lieu for
any fractional remainder of the requirement generated under
fhis Chapter tofaling less fhan 438 sq, ft. of EHU floor area.
60
5. Any remaininq portion of the mitigation requirement
not provided with on-site unifs may be provided in
accordance with Secfion 12-246B below.
y4 B. For aIl developmenf projects, excepf those mitigated
by Section 12-246A above, the mitigation of employee housing required
by this Chapter shall be accomplished through one, or any com6ination,
of the following methods:
1. On-site units_
1. On-site units_
a. ,
themet, >
site 046's aro deea .-~sW,,fod-ifa--assGrdanse ,~,;f-mth
4;~-A11 on-site EHUs sha?1 be deed restricted as a
"Type lV-1Z" (type four, inclusionary zoning mitigation)
or "Type Vll-lZ" (fype seven, inclusionary zoning
mitigation) EHU in accordance with Chapfer 12-13,
Employee Housing, of this Title.
b. At ;Te se/e-dissfetfen e~th~0ann; ,9 a^o
Envir-enmeRtal ,
,
Develepment , , ,
ef mitigatien- Af the so/e discrefion of the applicable
governing body, an applicant may provide on-site
doimitory style units.
2. Conveyance of property on-site. An applicant may convey
on-site real property fo the Town of Vail on which no covenants,
resfrictions or issues exist that would limit the construction of EHUs, at the
sole discretion of the'Town CounciL This mefhod does not mitigate the
on-sife unit requirements of Section 92-246A above.
3. Off-sife 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.
61
4. Payment of fees-in-lieu. Th^ °~~^»?^y ^ u^v ~^;r;r^~m~nf ?
. ,
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 Councif shall include the net
cost (total•cost /ess the amount covered by rental or sale income)
of real properfy and all related planning, design, site development,
legal, construction and construction management costs of the
projecf, in current dolfars, which wauld be incurred by the Town to
provide the square feet in that year.
b. An administrative fee, established by resolution of
the Town Councrl, shag be added to the amount set forth in
paragraph a hereof.
c. Fees-in-lieu shall be due and payable priar to fhe
issuance of a building permit for the development.
. d. The Town shall only use monies collected from the
fees-in-lieu fo provide new employee housing.
5. Conveyance of property off-sife. The Town Council may,
at its sole discretion, accept a conveyance of real praperty off-site in lieu
of requiring construction of EHUs, provided that no cavenants, restricfions
or issues exist on the property that would limit the construcfion of EHUs. .
12-24-7 MITIGATION BANK:
A. The Town will provide credif for any EHUs constructed on-
sife, consfructed off-site, or otherwise acquired in anticipation of future
residential development or redevelapment, provided that those EHUs
meet a!1 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 developmenf shall
be subject to a!l regulations pertaining to EHUs which are in effect af the
time the application for development review is submitted to fhe Town,
even if those regulations change after the EHUs are consfructed.
8. It shall be the applicant's responsibility to provide
documentation vf any existing EHU credits upon submission of an
application for development review. /f the applicant cannot adequately
document such credifs, the Town shall not be obligated to provide such
credifs.
12-248: ADM/NISTRATION:
A. Each application for development review, except those
.exempt per Section 12-245, shall include an employee housing plan eF
atate,,;e.,+
nf ove~m ~.,nfinn which inc?udes ti?e following:
62
1. Calculation Method. The calculation of the
inclusionary zoning requirement, including credifs if applicable,
and fhe mitigation method by which the applicant proposes to
meet the requirements of this Chapter,
2. Plans. ,4 dimensioned site plan and architecfural
floar plan thaf 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 tf?e 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-Sife Conveyance Request. A request for an off-
site conveyance sha(I 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 sfatement 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.
4;. B. Governing Body:
The Adminisfrator shall approve, approve wifh modifications
or deny an employee housing plan involving a total mitigafion
requirement of /ess than 438 square feet of EHU floor area.
The Planning and Environmental Commission shall approve,
approve with modifications, or deny an employee housing plan unless the
plan involves /ess fhan 438 square feef of EHU floor area; the
development plan is located within a Specia! Development District; or
the plan includes a request to convey property, ^pd-th°^ +tie T^,•,^
, ,
The Town Council shall approve, approve with modifications
or deny an employee housing plan for a development located within
a Special Development Disfrict or a plan requesting to convey
property.
- 63
Before granfing approva? of an employee housing plan, fhe
applicable governing body shafl make findings fhat the employee
housing plan cvnforms to fhe general and specific purposes of this
title, and fhat fhe plan is compatible with the applicable elemenfs of
fhe Vail Comprehensive Plan and fhe development objecfives of the
Town.
D-. C. If modifications fo a submitted application for development
review changes fhe 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 #hat reviewed
the initial employee housing plan, in accordance with the provisions of
fhis Chapfer.
E-. D. An approved Employee Housing Plan shall become part of
the approved application for development review for the affected site.
E. Requests fo amend an approved employee housing
plan shall be reviewed in accordance wifh the procedures described
in this Chapter. At fhe discretion of fhe Administrafor, minor
amendments that do not alter the basic intenf or mefhodology of fhe
plan may 6e approved, or approved wifh modifrcafions, or denied by
the Adminisfrator.
12-24-9: OCCUPANCYAND DEED RESTRICTIOIVS:
A. No EHU shall be subdivided or divided into any form of
timeshare unit or fractional fee club unit.
B. EHUs shall not be /eased for a period /ess than thirty (30)
consecutive days.
C. An EHU may be, sold or transferred as a separate unit on
the site.
D. An EHU shall be continuously occupied by an employee
r-ente and shall not remain vacant for a period in excess of three (3)
consecutive months unless, despite reasonab/e and documented efforts
to Fei# occupy the EHU, rental efforts are unsuccessful.
E. No later than February 9 of each year, the owner of each
EHU shall submit a swom affdavit on a form provided by the Town with
the following information:
1. Evidence to establish fhat the EHU has been
renfed or owner occupied throughout the year,
2. The rental rate (unless owner-occupied);
3. The employee's employer, and
64
4. Evidence to demonstrate that at least one tena4
person residing in the EHU is an employee at a business located
in Eagle County.
12-24-10: TIM/NG
All EHUs required by this Chapter shall be ready for occupancy
prior to the issuance of a temporary certificate of occupancy for the
affected residential development.
12-24-11: VARIANCES:
Variances from fhe requirements of this Chapter rnay 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 fhat the application of
this Chapter not resulf in an unlawful taking of private proper(y withouf the
payment of jusf compensation, and therefore, the Town Council adopts
fhe review procedures set forth in this SectEOn.
B. Planning and Environmental Commission review. Any
applicant for residential development who feels that the application of this
Chapter would effect an unlawful taking may apply to the Planning and
Environmental Commission for an adjustment of the requirements
imposed by this Chapter. If the Planning and Environmenfal Commission
determines that fhe application of this Chapter would result in an unlawful
taking of private property wifhout just compensation, the Planning and
Environmental Commission may alter, lessen, or adjust employee
housing requirements as applied fo the particular project under
consideration fo ensure fhat 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. !f the .Town Council
determines that the application of this Chapter would effecf an illegal
taking without just compensation, the Town Council may alter, lessen, or
adjust the employee housing requirements as applied fo 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.
65
Section 25. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of fhis 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 invalici.
Section 26. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
Section 27. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 28. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, therefofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this day of , 2008
and a public hearing for second reading of this Ordinance set for the day of
, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Richard D. Cleveland, Mayor
Attest:
Lorelei Donaldson, Town CleFk READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED this ~ day of , 2008.
Richard D. Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
66
Attachment B
o As commercial linkage and inclusionary zoning exist today there is no priority
order in the methods of mitigation.
• The regulations apply to each method of mitigation equally.
• The existing regulations, related to mitigation methods, are not providing the
mitigation results the community most values.
• Without dramatic policy change it may not be possible to achieve the desired
employee housing mitigation.
o The examples below illustrate the existing regulations, equally weighted
mitigation methods, as well as attempting to prioritize mitigation methods with
weighted mitigation rates_ Hypothetical Residential Project
126,311 square feet of new residential development
126,311 sq ft x 10% Inclusionary Zoning = 12,631 sq ft
Mitigation Methods Today
Value/Sq Ft Est. Cost
On-Site Sq Ft 10% 12,631 $500 $6,315,500
Off-Site Sq Ft 10% 12,631 $100 $1,263,100
Fee-in-Leiu 10% 12,631 $236.65 $2,989,126
Mitigation Methods Equally Weighted
Value/ Sq Ft Est. Cost
On-Site Sq Ft 10% 12,631 $500 $6,315,500
Off-Site Sq Ft 50% 63,155 $100 $6,315,500
Fee-in-Lieu 21.25% 26,841 $236.65 $6,351,923
Mitigation Methods with Priority
Value/Sq Ft Est. Cost
On-Site Sq Ft 10% 12,631 $500 $6,315,500
Off-Site Sq Ft 65% 82,102 $100 $8,210,200
Fee-in-Lieu 35% 44,209 $236.65 $10,462,024
67
Hypothetical Mixed Use Project
176,790 square feet of new residential development 500.9 new employees generated by commercial
176,790 sq ft x 10% Inclusionary Zoning = 17,679 sq ft 500.9 emps x 20% Commercial Linkage = 100.18 emps Mitigation Methods Today
Value/Sq
Vaiue/Sq Ft Est. Cost Sq ft/Emp Ft Fee/Emp Est. Cost
On-Site Sq ft 10% 17,679 $500 $8,839,500 On-Site Emps 20% 100.18 350 $500 $0 $17,531,500
Off-Site Sq ft 10°/a 17,679 $100 $1,767,900 Off-Site Emps 20% 100.98 350 $100 $0 $3,506,300
Fee-in-Lieu 10% 17,679 $236.65 $4,183,735 Fee-in-Lieu 20% 100.18 0 $0 $131,365 $13,160,146
Mitigation Methods Equally Weighted
Value/Sq
Value/Sq Ft Est. Cost Sq ff/Emp Ft Fee/Emp Est. Cost
On-Site.Sq ft 10% 17,679 $500 $8,839,500 On-Site Emps 20% 100.18 350 $500 $0 $17,531,500
Off-Site Sq ft 50% 88,395 $100 $8,839,500 Off-Site Emps 100°/a 500.9 350 $100 $0 $17,531,500
,
Fee-in-Lieu 21.25% 37,568 $236.65 $8,890,467 Fee-in-Lieu 26.5% 132.74 0 $0 $131,365 $17,437,193
Mitigation Methods with Priority ,
Value/Sq Value/Sq
Ft Est. Cost Sq ft/Emp Ft Fee/Emp Est. Cost
On-Site Sq ft 10°/a 17,679 $500 $8,839,500 On-Site Emps 20% 100.18 350 $500 $0 $17,531,500
Off-Site Sq ft 65% 114,914 $100 $11,491,350 Off-Site Emps 115% 576.04 350 $100 $0 $20,161,225
Fee-in-Lieu 35% 61,877 $236.65 $14,643,074 Fee-in-Lieu 35% 175.315 0 $0 $131,365 $23,030,255