HomeMy WebLinkAbout2006-26 Declaring the Town Council's Intent to Adopt an Ordinance Establishing Employee Housing Regulations for Commercial and Residential Development and Redevelopment, and Applying Such Regulations to New Development ApplicationsS
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ORDINANCE N0.26
SERIES 2006
AN EMERGENCY ORDINANCE DECLARING THE TOWN COUNCIL'S
INTENT TO ADOPT AN ORDINANCE ESTABLISHING EMPLOYEE
HOUSING REGULATIONS FOR COMMERCIAL AND RESIDENTIAL
DEVELOPMENT AND REDEVELOPMENT, AND APPLYING SUCH
REGULATIONS TO NEW DEVELOPMENT APPLICATIONS
WHEREAS, Vaif has experienced a high rate of growth and increase in population
during the past ten years;
WHEREAS, during that period of time, housing costs in Vaii have increased at a
much higher rate than income has increased;
WHEREAS,. there is a substantial, direct and rational connection between the need
for employee housing generated by new residential and commercial development and
redevelopment and the requirements for the provision of employee housing, as documented
in the report entitled Town of Vail NexusJProportionality Analysis for Employes Housing
Mitigation Programs, prepared for the Town by RRC Associates, Inc., a copy of which is on
file with the Town Clerk and available for public inspection;
WHEREAS, new residential and commercial development and redevelopment in the
Town wilt result in new workers being needed for uses in the new buildings and for the
maintenance of the new buildings;
WHEREAS, the Town Council believes shat the provision of a reasonable and
appropriate percentage of new employee housing is the responsibility of new residential and
nonresidential developments and redevelopments which have a nexus to new job
generation;
WHEREAS, prior to adopting any regulations regarding employee housing, the Town
Council would like to ensure that it has provided adequate opportunity to educate the public
about employee housing options and to receive comments on employee housing options;
WHEREAS, the Town Council finds and determines that additional time is necessary
to study employee housing options before adopting new employee housing regulations;
WHEREAS, the Town Council finds and determines that, rather than impose a
moratorium on development to give the Town adequate time to study employee housing
options, the Town should allow new development applications to be submitted during the
study with the understanding that those developments will be subject to the pending
employee housing regulations when and if those regulations are adopted by the Town
Councit; and
WHEREAS, by passing this Ordinance to subject new development and
redevelopment to the pending employee housing regulations, the Town is relying on the so-
called "pending ordinance doctrine," a doctrine recognized by current Colorado law.
Ordinance No. 26, Series 2006
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1. The Town Council hereby declares its intention to adopt an ordinance
adding provisions to its code requiring all new development and redevelopment in the Town
to mitigate the impacts on housing created by such development through the provision of
employee housing ("pending employee housing regulations"). The pending employee
housing regulations will be based on the above-referenced study as well as comments
received from the public. The Town Council's intention is to adopt the pending employee
housing regulations on or before April 15, 2007; provided, however, that nothing in this
Ordinance shall be construed as requiring the Town Council to take any legislative action.
Section 2. All development applications submitted to the Town after the effective
date of this Ordinance shall be subject to the pending employee housing regulations in
whatever form they are finally adopted; provided, however, that if the Town fails to adopt the
pending employee housing regulations by April 15, 2007, this Ordinance shall not apply to
such development applications.
Section 3. Severabilitv. If any provision of this Ordinance is found by a court of
competent jurisdiction to be invalid, the remaining provisions of this Ordinance will remain
valid, it being the intent of the Town that the remaining provisions of this Ordinance are
severable.
Section 4. Emeraencv Measure. Based upon all of the foregoing, the Council
finds and declares that there is reasonable justification for the adoption of this Ordinance as
an emergency measure and that this Ordinance is necessary for the immediate
preservation of the public welfare, because allowing new development applications to be
processed without employee housing mitigation would be detrimental to the public health,
safety and welfare. Therefore, this Ordinance shall take effect immediately upon adoption
as provided by Section 4.11 of the Vail Home Rule Charter.
INTRODUCED, READ, PASSED, ADOPTED AS AN EMERGENCY MEASURE BY
THE UNANIMOUS VOTE OF COUNCIL MEMBERS PRESENT OR A VOTE OF FIVE (5)
COUNCIL MEMBERS, WHICHEVER IS LESS, AND ORDERED PUBLISHED THIS 17T"
DAY OF OCTOBER, 2006.
~~~
L lei onaldson,
_,~~~
Town Clerk
. -~._ ~
Rod Slifer, Mayo'f
Ordinance No. 26, Series 2006 2
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