HomeMy WebLinkAbout2007-07 Amending Title 12, Zoning Regulations by the Addition of New Definitions to Section 12-2-2 and the Adoption of a New Chapter 23, Commercial Linkage
• ORDINANCE N0.7
SERIES 2007
AN ORDINANCE AMENDING T{TLE 12, ZONING REGULATIONS, VAIL
TOWN CODE, BY THE ADDITION OF NEW DEFINITIONS TO SECTION
12-2-2, AND THE ADOPTION OF A NEW CHAPTER 23, ENTITLED
COMMERCIAL LINKAGE, AND SETTING FORTH DETAILS iN
REGARD THERETO
WHEREAS, the Town of Vail has experienced a decrease in population during
the past ten years due to market conditions that have given homeowners incentive to
sell their properties;
WHEREAS, during that period of time, housing costs in Vail have increased at a
much higher rate than income has increased;
WHEREAS, new commercial development and redevelopment in Vail will result
in new employees being needed for uses in the new buildings and for the maintenance
of the new buildings;
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 entitled, "Town of Vail Nexus?Prooortionality Analysis for
Emvlovee Housing Mitigation Programs," prepared for the Town by RRC Associates,
Inc., dated March 12, 2007, a copy of which is on file with the Town Clerk and available
for public inspection;
WHEREAS, on March 12, 2007, the Planning and Environmental Commission of
the Town of Vail held a public hearing and reviewed and forwarded a recommendation
of denial of the proposed text amendments to the Zoning Regulations to the Vail Town
Council in accordance with the procedures and criteria and findings outlined in Chapter
12-3 of the Zoning Regulations;
WHEREAS, the Town Council believes that the provision of a reasonable and
appropriate percentage of new employee housing is the responsibility of new
commercial developments and redevelopments which have a nexus to new job
generation;
WHEREAS, it is the Town Council's goal to provide housing for at least thirty
percent (30°l0) of the net new employees generated from residential and commercial
development in the Town through the conjunctive efforts of this ordinance and the
Town's inclusionary zoning ordinance; and
WHEREAS, the Town Council finds and determines that the public health, safety,
and welfare will be served by adopting regulations which require mitigation of such
• impacts on employee housing in the Town of Vail.
Ordinance No. 7, Series 2007 1
q
• NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE i
TOWN OF VAIL, COLORADO, THAT: i
Section 1. Section 12-2-2 of the Vail Town Code is hereby amended by the i
addition of the following definitions:
COMMERCIAL DEVELOPMENT: Any development that includes
uses such as business offices, professional offices, accommodation units,
general retail, grocery, liquor and convenience, recreational amenity, real
estate offices, conference facilities, health clubs, eating and drinking
establishments, service oriented businesses, or similar uses.
COMMERCIAL LINKAGE: An obligation that requires developers
to provide housing for a certain number of new employees that are
generated by a new commercial development, focusing solely on a
development's impact as related to employee generation and not taking
into account secondary impacts.
CONFERENCE FACILITY: A facility used for conferences,
conventions, seminars, banquets, and entertainment functions, along with
accessory functions such as lobbies, pre-convene areas, and exhibition
space.
• DEED RESTRICTION: A permanent restriction on the use,
occupancy and transfer of real property that runs with the land and is
recorded against the property in the Eagle County Clerk and Recorder's
office.
DEVELOPMENT: The construction, improvement, alteration,
installation, erection, or expansion of any building, structure or other
improvement in the Town.
DORMITORY UNIT: A type of employee housing unit which
houses not more than five (5) persons and includes common kitchen
facilities, a common bathroom, and a minimum of two hundred fifty (250)
square feet of GRFA for each person occupying the unit.
EMPLOYEE: A person who works an average of thirty (30) hours
per week or more on a year round basis at a business located in Eagle
County.
NEXUS STUDY: A report, prepared at the request of the Town
Council, updated at least every five (5) years or more often if deemed
necessary by the Town Council, analyzing the current and future
employee housing needs resulting from new development and
redevelopment in the Town.
•
Ordinance No. 7, Series 2007 2
OFF-SITE; A location within the boundaries of the Town other than
the site on which the commercial development is located.
REAL ESTATE OFFICE: An office for the purpose of conducting
real estate transactions and/or property management.
REDEVELOPMENT: The construction, improvement, alteration,
installation, erection, expansion or change in use of any existing building,
structure or other improvement in the Town that results in an increase in
net floor area or GRFA.
SPA: A commercial establishment providing services including
massage, body or facial treatments, make-up consultation and application,
manicures, pedicures and similar services, but excluding beauty and
barber shops.
Section 2. Title 12 of the Vail Town Code is hereby amended by the addition
of the following new Chapter 23, entitled Commercial Linkage:
CHAPTER 23: COMMERCIAL LINKAGE
12-23-1: PURPOSE AND APPLICABILITY:
• A. The purpose of this Chapter is to ensure that new
commercial development and redevelopment in the Town provide for a
reasonable amount of employee housing to mitigate the impact on
employee housing caused by such commercial development and
redevelopment.
B. Except as provided in Section 12-23-5, this Chapter shall
apply to all new commercial development and redevelopment located
within the following zone districts:
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);
Ordinance No. 7, Series 2007 3
9. General Use (GU);
10. Heavy Service (HS);
11. Lionshead Mixed Use 1 (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 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 control.
12-23-2: EMPLOYEE GENERATION AND MITIGATION RATES:
• A. The employee generation rates found in Table 23-1,
Employee Generation Rates By Type of Commercial Use, shall be applied
to each type of use in a commercial development. For any use not fisted,
the Administrator shall determine the applicable employee generation rate
by consulting the Town's current nexus study.
TABLE 23-1
EMPLOYEE GENERATION RATES BY TYPE OF
COMMERCIAL USE
Type of Use Employee Generation Rates
Retail Store/Personal 2.4 Em to ees er 1 000 feet of
p Y p
Service/Repair Shop new net floor area
Business Office and 3.2 Employees per 1,000 feet of
Professional Office (excluding new net floor area
Real Estate Office)
Accommodation Unit/Limited 0.7 Employees per net new units
Service Lodge Unit
• Real Estate Office 5.1 Employees per 1,000 feet of
I
Ordinance No. 7, Belies 2007 4
• I I 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 applicant submits competent evidence that the
employee generation rates contained in Table 23-1 or the nexus study do
not accurately reflect the 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, the Administrator shall allow for such a
deviation as the Administrator deems appropriate.
C. Each commercial development or redevelopment shall
mitigate its impact on employee housing by providing EHUs for twenty
percent (20%) of the employees generated, pursuant to Table 23-1, or the
nexus study, in accordance with the requirements of this Chapter. For
example, for a development proposing 2,500 square feet of new net floor
area for an eating and drinking establishment, the equation would be as
follows:
((2,500 square feet _ 1,000 square feet) x (6.75)) = 16.875
new employees generated
16.875 new employees generated x 20% = 3.375 employees
to be housed
12-23-3: SIZE AND BUILDING 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 the minimum size requirements.
TABLE 23-2
SIZE OF EMPLOYEE HOUSING UNITS
• Type of Unit I Minimum I Number of
Employees
Ordinance No. 7, Series 2007 5
• I Size (GRFA) Housed
Dormitory 250 1
Studio 438 I 1.25
One-Bedroom I 613 I 1.75
Two-Bedroom I 788 2.25
Three-Bedroom I 1225 3.5
B. Every EHU shalt contain a kitchen facility or kitchenette and
a bathroom.
C. All trash facilities steal! be enclosed.
D. Parking shall be provided as required by this Title.
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. EHUs shall not be included in the Town's calculations for
density control.
G. Every EHU shall be allowed three hundred (300) square feet
of additional garage area. Any EHU that does not have a garage shall
include a minimum of an additional seventy five (75) square feet for
storage in addition to normal closet space.
12-23-4: REDEVELOPMENT:
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 units or limited service lodge units in the redevelopment;
provided however, that if any existing EHUs are to be removed, an equal
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:
1. The redevelopment of existing commercial development, if
• no new net floor area, accommodation units, or limited service lodge units
are created; and
Ordinance No. 7, Series 2007 6
• 2. The construction of EHUs.
12-23-6: METHODS OF MITIGATION:
A. The mitigation of employee housing required by this Chapter
shall be accomplished through one of the following methods:
1. On-site units.
a. The requisite number of EHUs, or a portion
thereof, may be constructed on-site, provided that all on-site
EHUs are deed restricted in accordance with this Chapter.
b. At the sole discretion of the Planning and
Environmental Commission, an applicant may provide on-
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.
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 discretion of the Town Council.
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 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.
4. Payment of fees-in-lieu. The Planning and
Environmental Commission may approve payment of a fee-in-lieu
for each employee to be housed, or a portion thereof, required by
this Chapter.
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 cost (total cost less the amount
Ordinance No. 7, Belies 2007 7
• covered by rental 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 the
Town to provide housing for the employee to be housed 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-lieu shall be due and payable prior to
the issuance of a building permit 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 Council
may, at its sole discretion, accept the conveyance of 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.
B. Partial fees-in-lieu shall be paid when the calculation to
determine the number of employees generated under this Chapter results
in a fractional number of employees.
12-23-7: MITIGATION BANK:
A. The Town will provide credit for any EHUs constructed or
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 anticipation of future development is at the sole risk of the
applicant, because the commercial development shall be 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 those regulations change after the EHUs are constructed.
B. It 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 shall not be obligated to provide such
credit.
• 12-23-8: ADMINISTRATION:
Ordinance No. 7, Series 2007 $
a A. Each application for development review shall include an
employee housing plan or statement of exemption.
B. An employee housing plan shall include the following:
1. Calculation Method. The calculation 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 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 the 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-Site Conveyance Request. A request for an off-
site 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 the 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.
C. The Planning and Environmental Commission shall approve,
approve with modifications or deny an employee housing plan unless the
plan is located within a Special Development District or includes a request
to convey property, in which case the Town Council shall approve,
approve with modifications, or deny the employee housing plan.
D. If modifications to a submitted application for development
review changes the 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 that reviewed
• the initial employee housing plan.
Ordinance No. 7, Series 2007 9
• E. An approved employee housing plan shall become part of
the approved application for development review for the affected site.
12-23-9: OCCUPANCY AND DEED RESTRICTIONS:
A. No EHU shall be subdivided or divided into any form of
timeshare unit or fractional fee club unit.
B. EHUs shall not be leased 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 rented and shall not remain
vacant for a period in excess of three (3) consecutive months unless,
despite reasonable and documented efforts to rent, rental efforts are
unsuccessful.
E. No later than February 1 of each year, the owner of an EHU
shall submit a sworn affidavit on a form provided by the Town to the Town
of Vail Community Development Department containing the following
• information:
1. Evidence to establish that the EHU has been .
occupied throughout the year by an employee;
2. The rental rate;
3. The employer; and
4. Evidence to demonstrate that at least one tenant
residing in the EHU is an employee.
12-23-10: TIMING:
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.
12-23-11: VARIANCES:
Variances from the requirements of this Chapter may be granted
pursuant to the procedures and standards set forth in Chapter 17 of this
Title.
• I~'~
Ordinance No. 7, Series 2007 1
I
• 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.
B. 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 the Planning and Environmental Commission
determines that 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 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. If the Town Council
determines that the application of this Chapter 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 the Town Council shall be final, subject only to
judicial review.
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 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 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,
Ordinance No. 7, Series 2007 11
• 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 13th day of March, 2007 and a
public hearing for second reading of this Ordinance set for the 3`d day of April, 2007, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Rodney Sliver, Mayor
~•OF OVA/~~•••
Attest: O y S
~ 8
L el~ Donaldson, Town Clerk Q'
~
READ AND APPROVED ON SECOND READING A EKED PUBLISHED
this 3`~ day of April, 2007.
,
Rodney SI' er, Mayor
Attest: N O F V,q
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•
~ D~ ~ AL
~ relei~Donaldson, Town Clerk i S~ •p
Cp~pEtP
•
Ordinance No. 7, Series 2007 12
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