HomeMy WebLinkAbout2017-12 Amending Section 12-23-2, Employee Generation and Mitigation RatesORDINANCE NO. 12
SERIES OF 2017
AN ORDINANCE AMENDING SECTION 12-23-2, EMPLOYEE GENERATION AND
MITIGATION RATES, VAIL TOWN CODE, TO AMEND TABLE 23-1, EMPLOYEE
GENERATION RATES BY TYPE OF COMMERCIAL USE, AND TO AMEND THE
DEFINITION OF NEXUS STUDY IN SECTION 12-2-2, DEFINITIONS, VAIL TOWN
CODE, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, on April 3, 2007 the Vail Town Council adopted ordinance No. 7,
Series of 2007 establishing Commercial Linkage requirements in the Town of Vail;
WHEREAS, pursuant to Section 12-23-2, each commercial development or
redevelopment shall mitigate its impact on employee housing by providing employee
housing units for twenty percent (20%) of the employees generated, pursuant to table
23-1 of Section 12-23-2, or the nexus study;
WHEREAS, Section 12-23-2 Employee Generation and Mitigation Rates, Table
23-1 Employee Generation Rates by Type of Commercial Use establishes the number
of employees generated for each commercial use;
WHEREAS, there is a substantial, direct, and rational connection between the
need for housing of employees generated by new commercial development and
redevelopment and the requirements for the provision of employee housing, as
documented in the report titled "2016 Vail Employer Survey, Summary of Results,"
(Nexus Study) prepared for the Town of Vail by RRC Associates, dated February 2017,
a copy of which is on file with the Town Clerk and available for public inspection;
WHEREAS, the Nexus Study recommends changes to the current employee
generation rates in Table 23-1, Section 12-23-2, Employee Generation and Mitigation
Rates, Vail Town Code;
WHEREAS, on July 25, 2017, the Vail Local Housing Authority held a public
meeting, reviewed the Nexus Study and forwarded a recommendation of approval to the
Vail Town Council for the proposed text amendments to the Zoning Regulations;
WHEREAS, on August 28, 2017, the Town of Vail Planning and Environmental
Commission 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 VI of the Staff memorandum to the
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Planning and Environmental Commission dated August 28, 2017, 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 VI of
the Staff memorandum to the Planning and Environmental Commission dated August
28, 2017, and the evidence and testimony presented; and
WHEREAS, the Town Council finds and determines that the amendments
promote the health, safety, morals, and general welfare of the Town and promote the
coordinated and harmonious development of the Town in a manner that conserves and
enhances its natural environment and its established character as a resort and
residential community of the highest quality, based upon Section V of the Staff
memorandum dated August 28, 2017.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 12-2-2, Definitions, of the Vail Town Code is hereby amended
as follows (text to be deleted is in stfikethrough text that is, to be added is bold.
Sections of text that are not amended have been omitted.)
NEXUS STUDY:
The "2016 Vail Employer Survey, Summary of Results"
dated February 2017, prepared for the Town of Vail by RRC Associates, and on
file with the office of the town clerk, analyzing the current and future employee
housing needs resulting from new development and redevelopment in the town.
Section 2. Section 12-23-2, Employee Generation and Mitigation Rates, of the
Vail Town Code is hereby amended as follows (text to be deleted is in ctrikethrough text
that is, to be added is bold. Sections of text that are not amended have been omitted.)
Table 23-1
EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE
T • es of Use
Em • to ee Generation Rate
Accommodation unit / limited service
lodge unit
0,7 0.6 employee per net new units
Business office and professional office
(excluding including real estate and
property management office)
3.2 employees per 1,000 feet of new net floor
area
Conference facility
0.8 employee per 1,000 feet of new net floor
area
Eating and drinking establishment
6.75 10.2 employee per 1,000 feet of new net
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Section 3. 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 4. 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 5. 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 6. 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 19th day of September 2017
and a public hearing for second reading of this Ordinance set for the 3rd day of October
2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
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floor area
Health club
0.96 employee per 1,000 feet of new net floor
area
5.1 employee 1,000 feet floor
per of new net
area
Retail store / personal service / repair
shop
2.4 employee per 1,000 feet of new net floor
area
Spa
2.1 employee per 1,000 feet of new net floor
area
Section 3. 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 4. 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 5. 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 6. 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 19th day of September 2017
and a public hearing for second reading of this Ordinance set for the 3rd day of October
2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
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ATTEST:
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING
AND ORDERED PUBLISHED IN FULL this 3rd day of October, 2017.
ATTEST:
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Dave Chapin, Ma or