Loading...
HomeMy WebLinkAbout2016-13 Temporary Moratorium on Accepting Fee-in-Lieu Payments in Exchange for Release of a Deed Retriction from an Existing Employee Housing Unit or to Satisfy Employee Housing Mitigation RequirementsORDINANCE NO. 13 SERIES 2016 AN EMERGENCY ORDINANCE ADOPTING A TEMPORARY MORATORIUM ON ACCEPTING FEE -IN -LIEU PAYMENTS IN EXCHANGE FOR RELEASE OF A DEED RESTRICTION FROM AN EXISTING EMPLOYEE HOUSING UNIT OR TO SATISFY EMPLOYEE HOUSING MITIGATION REQUIREMENTS WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council have been duly elected and qualified; WHEREAS, pursuant to C.R.S. § 31-23-301, the Town is empowered to regulate and restrict zoning, including but not limited to the density of population, and the location and use of buildings within its jurisdiction; WHEREAS, the Town's employee housing unit exchange program, Section 12- 13-5(D) of the Vail Town Code (the "Code"), allows for the release of a deed restriction from an existing employee housing unit in exchange for the conveyance of a free- market dwelling unit to the Town to be deed restricted or payment of a fee -in -lieu; WHEREAS, the Town has recently received a large number of requests proposing a fee -in -lieu payment to satisfy on-site employee housing mitigation requirements for new commercial and residential development and redevelopment projects pursuant to Code Sections 12-23 and 12-24; WHEREAS, it is the desire of the Town Council that Town Staff study the effects of accepting fees -in -lieu payments on the availability and affordability of quality housing opportunities for the community's work force, considering the Town's existing master plan and the specific purposes of the employee housing regulations of Chapters 13, 23 and 24 of the Code; WHEREAS, Town Staff needs sufficient time to gather information and study the impacts of accepting fees in lieu of payments, and thereafter provide information to the Town Council as to whether such payments should continue to be accepted; WHEREAS, it is the intent of the Town Council in enacting this moratorium to allow sufficient time to conduct a public hearing(s) to listen to and consider the concerns of its residents regarding possible Code amendments; and WHEREAS, the imposition of a moratorium on accepting fees -in -lieu payments will allow the Town to assess whether accepting such payments are in the best interest of the public health, safety and welfare. 1 6172016 S:ICOMMUNITY DEVELOPMENTIBOARDSITOWN COUNCILIORDINANCESI1610RDINANCE NO. 13, SERIES OF 2016 FEES IN -LIEU TEMPORARY MORATORIUM-0060116.DOCX NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Temporary Moratorium. Upon the adoption of this ordinance, a moratorium is imposed on the processing and approval of the following: A. Deed Exchange Program: All applications proposing to release a deed restriction from an existing employee housing unit in exchange for a fee -in -lieu payment pursuant to Section 12-13-5(D), unless the applicant is proposing a fee - in -lieu payment only for a gross residential floor area of 438 square feet or less in excess of the square footage of the existing employee housing unit that is being proposed to have the deed restriction released. B. Commercial Linkage and Residential Redevelopment Mitigation: All applications proposing a fee -in -lieu payment as a method of employee housing mitigation, unless the applicant is only required to provide mitigation for one employee or less or 438 square feet or less. Section 2. Investigation and Evaluation. During the term of this moratorium, Town Staff shall investigate, evaluate and update the options for amending the Vail Town Code to regulate or prohibit fees -in -lieu of payments authorized under Code Sections 12-13-5(D), 12-23 and 12-24. Section 3. Authority. The Town Council of the Town of Vail hereby makes the following findings to support the adoption of a temporary moratorium within the Town: A. The Town is a legally created, established, organized and existing Colorado municipal corporation under the provisions of Article XX of the Constitution of the State of Colorado and the Vail Town Charter. B. In addition to the authority granted by the Vail Town Charter, the Town has the authority to regulate the use and development of land pursuant to the following Colorado Revised Statutes: 1. Article 20 of Title 29 (The Local Government Land Use Control Enabling Act); 2. Part 3 of Article 23 of Title 31 (Municipal Zoning Powers); 3. Part 1 of Article 15 of Title 31 (Municipal Ordinance Powers); and 4. Part 4 of Article 15 of Title 31 (Municipal Police Powers). C. The Town is authorized to enact a moratorium as part of its broad police and planning powers to advance the interests of the public health, safety and welfare. Droste v. Board of County Commissioners, 159 P.3d 601 (Colo. 2007); Hermanson v. County of Fremont, 595 P.2d 694 (Colo. App. 1979); Dill v. Lincoln County, 928 P.2d 809 (Colo. App. 1996); Dolloghan v. County of Boulder, 2 6/7/2016 S:ICOMMUNITY DEVELOPMENT180ARDSITOWN COUNCILIORDINANCES1161ORDINANCE NO. 13, SERIES OF 2016 FEES IN -LIEU TEMPORARY MORA TORIUM-00601 16.DOCX 749 P.2d 444 (Colo. App. 1987); Deighton v. City Council of Colorado Springs, 902 P.2d 426 (Colo. App. 1994); Williams v. City of Central, 907 P.2d 701 (Colo. App. 1995). Section 4. Expiration. The moratorium imposed by this ordinance shall expire on December 6, 2016, unless earlier repealed or extended. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. Section 8. Emergency Clause. Pursuant to Section 4.11 of the Charter, this ordinance is deemed necessary for the protection of the public health, welfare and safety, because the continued acceptance of fees -in -lieu of providing livable, affordable employee housing could cause irreparable harm to the Town and its residents and visitors. Section 9. Effective Date. This ordinance shall take effect immediately passage. INTRODUCED, READ, APPROVED, AND ORDERED Pq LISH on this 7 t day of June, 2016. ave Chapi , Ma ATTEST-,--- SEALi • P i � Patty f VcKe y,ow rza Z�; 3 6/7/2016 S:ICOMMUNITY DEVELOPMENTIBOARDSITOWN COUNCILIORDINANCES11610RDINANCE NO. 13, SERIES OF 2016 FEES IN -LIEU TEMPORARY MORATORIUM-0060116.DOCX