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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 . y~ . ~ • ~ D~ ~ AL ~ relei~Donaldson, Town Clerk i S~ •p Cp~pEtP • Ordinance No. 7, Series 2007 12 ~ ~