HomeMy WebLinkAbout2016-23 Fee in lieu Employee Housing Deed Restriction Program/Commercial Linkage/Inclusinary ZoningORDINANCE NO. 23
SERIES 2016
AN ORDINANCE AMENDING SECTION 12-13-5, EMPLOYEE HOUSING
DEED RESTRICTION EXCHANGE PROGRAM, SECTION 12-23-6,
COMMERCIAL LINKAGE, METHODS OF MITIGATION, SECTION 12-24-6
INCLUSIONARY ZONING, VAIL TOWN CODE, TO AMEND THE DEED -
RESTRICTION EXCHANGE PROGRAM, COMMERCIAL LINKAGE, AND
INCLUSIONARY ZONING, AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, on June 3, 2008, the Vail Town Council directed the Community
Development Department to prepare amendments to the Vail Town Code to establish
an Employee Housing Unit (EHU) deed restriction exchange program;
WHEREAS, on July 26, 2016, the Vail Local Housing Authority of the Town of
Vail held a public meeting and reviewed and forwarded a recommendation of approval
to the Vail Town Council for the proposed text amendments to the Zoning Regulations;
WHEREAS, on August 8, 2016, the Planning and Environmental Commission of
the Town of Vail held a public hearing and reviewed and forwarded a recommendation
of approval to the Vail Town Council for the proposed text amendments to the Zoning
Regulations in accordance with the procedures and criteria and findings outlined in
Section 12-3-6 of the Vail Town Code;
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 are compatible with the development
objectives of the Town, based upon Section VII of the Staff memorandum to the
Planning and Environmental Commission dated August 8, 2016, and the evidence and
testimony presented;
WHEREAS, the Town Council finds and determines that the amendments further
the general and specific purposes of the Zoning Regulations, based upon Section VII of
the Staff memorandum to the Planning and Environmental Commission dated August 8,
2016, and the evidence and testimony presented; and
WHEREAS, the Town Council finds and determines that the amendments
promote the health, safety, morals, and general welfare of the Town and promote the
coordinated and harmonious development of the Town in a manner that conserves and
enhances its natural environment and its established character as a resort and
residential community of the highest quality, based upon Section VII of the Staff
memorandum dated August 8, 2016.
Ordinance No. 23, Series 2016
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NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 12-13-5, Employee Housing Deed Restriction Exchange
Program, of the Vail Town Code is hereby amended as follows (text to be deleted is in
stfikettwough text that is, to be added is bold. Sections of text that are not amended
have been omitted.)
C. Definitions: For the purpose of this section:
PROPOSED EHU: The existing, non -deed restricted dwelling unit that is being
proposed to receive an employee housing deed restriction as part of this program.
D. General Requirements: The tTown sCouncil may approve the removal of an
employee housing deed restriction from an existing employee housing unit in
exchange for the placement of an employee housing deed restriction, and/or the
payment of a fee in lieu, as described in Paragraph 5 below.
5. Fee In in Lieu: The applicant may elect to provide a fee in lieu payment to the
town of Vail for any fractional portion of the required square footage less than
438 square feet not provided by a proposed EHU, if the proposed EHU does
not fulfill the required amount of calculated square footage. The -town -shall
A. The Town Council at its sole discretion may accept fee in lieu payment
for the full required square footage only if the exchange EHU was
approved prior to July 22, 1994, and has a deed restriction that includes
the language stating "if the unit is rented, it shall be rented only to
tenants who are full time employees...".
B. The Fee in Lieu calculated amount shall be paid after approval of the
application by Town Council, but prior to recording of the deed
restriction release. The fee shall be based upon the current fee structure
in place at the time of approval. Early payment of the fee in lieu shall not
be accepted prior to approval. The approval for deed restriction release
shall sunset one year from the date of approval and any fees paid are
non-refundable.
C. The Town shall use monies collected from fees in lieu to provide
incremental new employee housing units.
Existing EHU square feet x mulier x inclusionary zoning fee = fee in lieu
payment
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a. If the exchange EHU was approved prior to July 22, 1994, and has a deed
{the square footage of the exchange EHU as recorded on the deed restriction] x
{the current rate fer inclusionary zoning fee in lieu] x 1
b. If the exchange EHU was approved after July 22, 1994, and/or does not have a
{the square footage of the exchange EHU as recorded on the deed restriction] x
c. If the exchange EHU was approved after July 22, 1994, and/or does not have a
{the square footage of the exchange EHU as recorded on the deed restriction] x
{the current rate for inclusionary zoning fee in lieu] x
E. Fees: The tTown sCouncil shall set an application fee schedule sufficient to cover
the cost of town staff time and other expenses incidental to the review of the
application. The fee shall be paid at the time of the application, and shall not be
refundable.
F. Review Process:
2. Review Procedures:
a. Administrator Review: The administrator shall review the application for
completeness and compliance with this section, and shall make a determination
of completeness and compliance with this section within fourteen (14) days of
application submittal. Should the administrator deem that the application is
incomplete or not in compliance with this section, the administrator shall deny
the application. Should the administrator deem the application is both complete
and in compliance with this section, the administrator shall forward the
application for review by the Vail !Local hHousing aAuthority.
b. Vail Local Housing Authority Review: The review of a proposed employee
housing deed restriction exchange application shall be held by the Vail !Local
Ordinance No. 23, Series 2016
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#Housing aAuthority at a regularly scheduled meeting. A report of the
community development department staffs findings and recommendations
shall be made at the formal hearing before the Vail ILocal #Housing
aAuthority. Within twenty (20) days of the closing of a public hearing on a
proposed amendment, the Vail ILocal hHousing aAuthority shall act on the
application. The authority Vail Local Housing Authority may recommend
approval of the application as initiated, may recommend approval with such
modifications as it deems necessary to accomplish the purposes of this title, or
may recommend denial of the application. The authority Vail Local Housing
Authority shall transmit its recommendation, together with a report on the
public hearing and its deliberations and findings, to the tTown °Council.
c. Town Council Review: Upon receipt of the report and recommendation of the
authority, the tTown °Council shall set a date for hearing within the following
thirty (30) days. Within twenty (20) days of the closing of a public hearing on the
application, the tTown °Council shall act on the application. The tTown
°Council shall consider but shall not be bound by the recommendation of the
Vail ILocal hHousing aAuthority. The tTown °Council may approve, either in
accordance with the recommendation of the Vail ILocal hHousing aAuthority
or in modified form, or the tTown °Council may deny the application.
d. Appeal: Administrator and tTown °Council decisions may be appealed in
accordance with the provisions in section 12-3-3, "Appeals", of this title.
3. Criteria and Findings:
a. Criteria: Before acting on an employee housing deed restriction exchange
application, the Vail ILocal hHousing aAuthority and Vail tTown °Council
shall consider the following criteria with respect to the application:
b. Necessary Findings: Before recommending and/or granting an approval of an
employee housing deed restriction exchange application, the Vail ILocal
hHousing aAuthority and the Vail tTown °Council shall make the following
findings with respect to the application:
(Ord. 10(2011) §§ 1, 2, 3, 4: Ord. 31(2008) § 1)
Section 2. Section 12-23-6, Commercial Linkage, Methods of Mitigation, of the
Vail Town Code is hereby amended as follows (text to be deleted is in stfikethfeugh text
that is, to be added is bold. Sections of text that are not amended have been omitted.)
A. For all new construction (i.e., development that does not affect any existing
buildings or structures) and demo/rebuild projects that result in a mitigation
requirement of 1.25 employees or greater, no less than one-half (1/2) the
Ordinance No. 23, Series 2016
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mitigation of employee housing required by this chapter shall be accomplished
with on site units.
4. Fees In in Lieu: An applicant may provide a payment of fees in lieu only for
any fractional remainder of the requirement generated under this chapter totaling
less than 1.25 employees.
5. Remaining Portion Of of Requirement: Any remaining portion of the
mitigation requirement not provided with on site units shall be provided in
accordance with subsection B of this section.
B. For all development projects except those mitigated by subsection A of this
section, the mitigation of employee housing required by this chapter shall be
accomplished through one, or any combination, of the methods further described
in this section. Unless otherwise regulated by this title, the choice of method(s)
used to mitigate the employee housing requirements of this chapter shall be at
the sole discretion of the applicant.
2. Conveyance Of Vacant Property On Site: An applicant may convey on site
real property to the tTown on which no covenants, restrictions or issues exist that
would limit the construction of EHUs, at the sole discretion of the tTown
°Council. This method does not mitigate the on site unit requirements of
subsection A of this section.
4. Payment Of of Fees In in Lieu:
d. The tTown shall only use monies collected from fees in lieu only to provide
incremental new employee housing units.
e. An applicant may provide a payment of fees in lieu only for any
fractional remainder of the requirement generated under this chapter
totaling less than 1.0 employee.
5. Conveyance Of of Vacant Property Off Site: The tTown °Council may, at its
sole discretion, accept the conveyance of vacant property off site in lieu of
requiring the provision of EHUs, provided that no covenants, restrictions or
issues exist on such property that would limit the construction of EHUs. (Ord.
1(2008) § 24)
Section 3. Section 12-24-6, Inclusionary Zoning, Methods of Mitigation, of the
Vail Town Code is hereby amended as follows (text to be deleted is in stFikeh text
that is, to be added is bold. Sections of text that are not amended have been omitted.)
A. For all new construction (i.e., development that does not affect any existing
buildings or structures) and demo/rebuild projects that result in a mitigation
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requirement of four hundred thirty eight (438) square feet or greater, no less than
one-half (1/2) the mitigation of employee housing required by this chapter shall be
accomplished with on site units.
4. Fees In in Lieu: An applicant may provide a payment of fees in lieu only for
any fractional remainder of the requirement generated under this chapter totaling
less than four hundred thirty eight (438) square feet of EHU floor area.
5. Remaining Portion Of of Requirement: Any remaining portion of the
mitigation requirement not provided with on site units may shall be provided in
accordance with subsection B of this section.
C. For all development projects except those mitigated by subsection A of this
section, the mitigation of employee housing required by this chapter shall be
accomplished through one, or any combination, of the methods further described
in this section. Unless otherwise regulated by this title, the choice of method(s)
used to mitigate the employee housing requirements of this chapter shall be at
the sole discretion of the applicant.
2. Conveyance Of Vacant Property On Site: An applicant may convey on site
real property to the tTown on which no covenants, restrictions or issues exist that
would limit the construction of EHUs, at the sole discretion of the tTown
cCouncil. This method does not mitigate the on site unit requirements of
subsection A of this section.
4. Payment Of of Fees l in Lieu:
d. The tTown shall only use monies collected from fees in lieu only to provide
incremental new employee housing units.
e. An applicant may provide a payment of fees in lieu only for any
fractional remainder of the requirement generated under this chapter
totaling less than four hundred thirty eight (438) square feet of EHU
floor area.
5. Conveyance Of of Vacant Property Off Site: The tTown GCouncil may, at its
sole discretion, accept the conveyance of vacant property off site in lieu of
requiring the provision of EHUs, provided that no covenants, restrictions or
issues exist on such property that would limit the construction of EHUs. (Ord.
1(2008) § 25)
Section 4. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
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or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 5. 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 6. 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 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.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of September 2016 and
a public hearing for second reading of this Ordinance set for the 20th day of September,
2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
ATTEST:
Ordinance No. 23, Series 2016
7
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING
AND ORDERED PUBLISHED IN FULL this 20th day of September, 2016.
ATTEST:
Ordinance No. 23, Series 2016
8
Dave Chapin, Mayor