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HomeMy WebLinkAbout2008-01 Hillside Residential Housing District Amended Zoning Regulations ORDINANCE NO. 1 SERIES 2008 AN ORDINANCE AMENDING SECTION 12-2-2, DEFINITIONS OF WORDS AND TERMS; ARTICLES 12-6A, HILLSIDE RESIDENTIAL DISTRICT; 12-6B, SINGLE-FAMILY RESIDENTIAL DISTRICT; 12-6C, TWO-FAMILY RESIDENTIAL DISTRICT; 12-6D, TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL DISTRICT; 12-6E, RESIDENTIAL CLUSTER DISTRICT; 12-6F, LOW DENSITY MULTIPLE-FAMILY DISTRICT; 12-6G, MEDIUM DENSITY MULTIPLE-FAMILY DISTRICT; 12-6H, HIGH DENSITY MULTIPLE-FAMILY DISTRICT; 12-61, HOUSING DISTRICT; 12-7A, PUBLIC ACCOMMODATION DISTRICT; 12-7B, COMMERCIAL CORE 1 DISTRICT; 12-7C, COMMERCIAL CORE 2 DISTRICT; 12-7D, COMMERCIAL CORE 3 DISTRICT; 12-7E, COMMERCIAL SERVICE CENTER; 12-7F, ARTERIAL BUSINESS DISTRICT; 12-7H, LIONSHEAD MIXED USE 1 DISTRICT; LIONSHEAD MIXED USE 2 DISTRICT; 12-7J, PUBLIC ACCOMMODATION 2 DISTRICT; 12-8A, AGRICULTURAL AND OPEN SPACE DISTRICT; 12-8D, SKI BASE/RECREATION DISTRICT; 12-8E, SKI BASE/RECREATION 2 DISTRICT; 12-9B, PARKING DISTRICT; 12-9C, GENERAL USE;, CHAPTER 12-13, EMPLOYEE HOUSING, CHAPTER 12-23, COMMERCIAL LINKAGE, AND CHAPTER 12-24, INCLUSIONARY ZONING, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on March 10, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval for 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 of the Town of Vail; and, WHEREAS, the Town Council finds and determines the provisions of Chapter 12-23, Commercial Linkage and Chapter 12-24, Inclusionary Zoning, Vail Town Code, must be amended to clarify the basis on which Employee Housing Plans shall be reviewed; and, 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 is compatible with the development objectives of the Town, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated March 10, 2008, and the evidence and testimony presented; and, 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 March 10, 2008, 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 VI of the Staff memorandum dated March 10, 2008, 1 Ordinance No. 1, Series of 2008, second reading WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated March 10, 2008, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VA1L, COLORADO, THAT: Section 1. Chapter 12-2, Definitions, of the Vail Town Code is hereby amended as follows (text to be deleted is in s~tf+lce~~, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-2-2: Definitions of Words and Terms FLOOR AREA, NET :The total floor area within the enclosing walls of a structure not including the following: A. Areas specifically designed and used for mechanical equipment to operate the building. B. Stairways. C. Elevators. D. Common hallways. E. Common lobbies. F. Common restrooms. G. Areas designed and used for parking. H. Areas designed and used as storage which do not have direct access to an individual office or retail store, not to exceed five percent (5%) of the total proposed net floor area for office and not to exceed eight percent (8%) of the total proposed net floor area for retail. "Common areas" are spaces for which all tenants in the building contribute toward the upkeep and maintenance thereof and are not used for employee working areas. Section 2. Article 12-6A, Hillside Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in ~ee~, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6A-2: PERMITTED USES: The following uses shall be permitted in the HR district: Single-family residential dwellings. 2 Ordinance No. 1, Series of 2008, second reading ' '3 units Employee Housing Units, as further regulated by chapter 13 of this title. ' , rth ir. raptor 13 E€ thf title: Section 3. Article 12-6B, Single Family Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in stf+kat#re~#~, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6B-2: PERMITTED USES: The following uses shall be permitted in the SFR district: Single-family residential dwellings. ~jrpe-il em~4eyee~-f~e~.~~siny units Employee Housing Units, as further regulated by chapter 13 of this title. ' g uni ~.".wptsr 1' ~F `.his *.i±~ Section 4. Article 12-6C, Two-Family Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in fr~eug#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6C-2: PERMITTED USES: The following uses shall be permitted in the R district: Single-family residential dwellings. Two-family residential dwellings. ~ 3.;~playee-#s~si~+s Employee Housing Units, as further regulated by chapter 13 of this title. ~`eg~:~at 'f~-, ~ `-~lae~fegelatec' f;}~ s"sr sr 1? a€-t#is-title: Section 5. Article 12-6D, Two-Family Primary/Secondary Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in ~ti=ilEet#r~gl~, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6D-2: PERMITTED USES: The following uses shall be permitted: Single-family residential dwellings. Two-family residential dwellings. T~~ er~pleyee-hs;~s:ng~n+ts Employee Housing Units, as further regulated by chapter 13 of this title. '`.s, ae f' r 13 a€-th+s-title: ' g :~nitc, se f:,i>~er-~egelatsd--f~~~ rtsr 1 ? Section 6. Article 12-6E, Residential Cluster District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s?EralEe#~eug#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6E-2: PERMITTED USES: The following uses shall be permitted in the RC district: Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings with no more than four (4) units in any new building. 3 Ordinance No. 1, Series of 2008, second reading Single-family residential dwellings. Two-family residential dwellings. hype-IV Employee Housing Units, as further regulated by chapter 13 of this title. 12-6E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the RC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Business offices, as further regulated by subsection 12-16-7A13 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Professional office, as further regulated by subsection 12-16-7A13 of this title. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Fyffe-Itl !r.') sE r~a~e>~ i:~ slaafftsr 1? #+tle- Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 7. Article 12-6F, Low Density Multiple-Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#+IEet#~eugk~, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6F-2: PERMITTED USES: The following uses shall be permitted in the LDMF district: Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. ~e-IaF emPleyee-~se~Ir:g ~.tinlts Employee Housing Units, as further regulated by chapter 13 of this title. 12-6F-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. c} Ordinance No. 1, Series of 2008, second reading ~e-µl en~leyee-I~sucsiE+ag ~n~s-~~u6) as rr~ided i:~ shapt~ 1? sf *.his~it~ Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 8. Article 12-6G, Medium Density Multiple-Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s~ilE3thraa~#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6G-2: PERMITTED USES: The following uses shall be permitted in the LDMF district: Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. ~e--E~orr:p4eyee-#~:~~ing-omits Employee Housing Units, as further regulated by chapter 13 of this title. 12-6G-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. se provided ir. ^ . Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 9. Article 12-6H, High Density Multiple-Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in ~e~, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6H-2: PERMITTED USES: The following uses shall be permitted in the HDMF district: Lodges, including accessory eating, drinking, recreational or retail establishments, located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area (GRFA) of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. T~..}V Employee Housing Units, as further regulated by chapter 13 of this title. 12-6H-3: CONDITIONAL USES: 5 Ordinance No. 1, Series of 2008, second reading The following conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public parking structures. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Timeshare units. ~E III levee-#e~g anits ~€#lr') as prayed-+n cl:Gp Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 10. Article 12-61, Housing District, of the Vail Town Code is hereby amended as follows (text to be deleted is in ~~iieeg#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-61-2: PERMITTED USES: The following uses shall be permitted in the H district: Bicycle and pedestrian paths. as feed i~ sl:cpts~ 13 ~l~ Employee Housing Units, as further regulated by Chapter 13 of this Title. Passive outdoor recreation areas, and open space. 12-61-3: CONDITIONAL USES: The following conditional uses shall be permitted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit: Banks and financial institutions. Business offices and professional offices as further regulated by section 12-16-7 of this title. Child daycare facilities. Eating and drinking establishments. Funiculars and other similar conveyances. Health clubs. Ordinance No. 1, Series of 2008, second reading Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and C. Dwelling units are only created in conjunction with employee housing, and D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools. Public buildings, grounds and facilities. Public parks and recreational facilities. Public utilities installations including transmission lines and appurtenant equipment. ~e-V~l e~leyee~~e:~sirgs Employee Housing Units, as further regulated by chapter 13 of this title. Section 11. Article 12-7A, Public Accommodation District, of the Vail Town Code is hereby amended as follows (text to be deleted is in str~e##~e~~, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7A-2: PERMITTED USES: The following uses shall be permitted in the PA district: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. 8 ian,+fs Employee Housing Units, as further regulated by chapter 13 of this title. 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Fractional fee club units as further regulated by subsection 12-16-7A8 of this title. Healthcare facilities. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the main structure or structures on the site. Major arcades. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Professional and business offices. Public and private schools. ~ Ordinance No. 1, Series of 2008, second reading Public buildings, grounds and facilities. Public parking structures. Public parks and recreational facilities. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Theaters and convention facilities. ~ ' s ss rr~e~ i~ f this title- Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 12. Article 12-7B, Commercial Core 1 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in ~~a~g#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7B-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: B.Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: 8. T~e-IV employee housing units, as further regulated by chapter 13 of this title. 12-7B-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B.Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: 4. ~y~e-I`V er~ple~ree~-he~us;~:g bnits Employee Housing Units, as further regulated by chapter 13 of this title. 12-7B-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR: A.Permitted Uses; Exception: The following uses shall be permitted on the second floor above grade within a structure; provided, however, that a conditional use permit will be required in accordance with chapter 16 of this title for any use which eliminates any existing dwelling or accommodation unit or any portion thereof: 8. ~e-I~ employee-fae~si~~ units Employee Housing Units, as further regulated by chapter 13 of this title. B.Conditional Uses: The following uses shall be permitted on second floors above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Dog kennels. Electronics sales and repair shops. Household appliance stores. Liquor stores. Luggage stores. Meeting rooms. Outdoor patios. Theaters. g Ordinance No. 1, Series of 2008, second reading I ~y~e-1~i E:-:U) us rrawded in shay sr 1? sf this ±itl~ Employee Housing Units, as further regulated by Chapter 13 of this Tiitle. 12-7B-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR: A.Permitted Uses: The following uses shall be permitted on any floor above the second floor above grade: Lodges. Multiple-family residential dwellings. ~e~ e:~i~l~g-~+ts Employee Housing Units, as further regulated by chapter 13 of this title. B.Conditional Uses: The following uses shall be permitted on any floor above the second floor above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title. Any permitted or conditional use which eliminates any existing dwelling or accommodation unit, or any portion thereof, shall require a conditional use permit. Such uses may include: g. ~y~e-flt as ~ravided in ^ 's `.itl~ Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 13. Article 12-7D, Commercial Core 3 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s'~gk~, text that is to be added is bold. Sections of text that are not amended have been omitted.} 12-7D-1: PERMITTED USES: The following uses shall be permitted in the commercial core 3 district: Banks and financial institutions. Eating and drinking establishments, including the following: Cocktail lounges and bars. Coffee shops. Fountain and sandwich shops. Restaurants. Health clubs. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Shoe repair. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Auto parts stores. Bakeries and confectioneries, preparation of products for sale on the premises. Bookstores. q Ordinance No. 1, Series of 2008, second reading Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Florists. Food stores. Furniture stores. Gift shops. Hardware stores. Health food stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Music and record stores. Newsstands and tobacco stores. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Tyke-i-V omp4eyee-k?e~s+r~geeits Employee Housing Units, as further regulated by chapter 13 of this title. Additional offices, business, or services determined to be similar to permitted uses in accordance with the provisions of this section. 12-7D-2: CONDITIONAL USES: The following conditional uses shall be permitted in the commercial core 3 district, subject to issuance of a conditional use permit in accord with the provisions of chapter 16 of this title: Any use permitted by section 12-7D-1 of this article which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. Brew pubs. Child daycare center. Commercial laundry and cleaning services, bulk plant. Commercial storage. Dog kennels. Drive-up facilities. Major arcades. Massage parlors. 10 Ordinance No. 1, Series of 2008, second reading Outside car wash. Pet shops. Public buildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Radio and television signal relay transmission facilities. Theaters, meeting rooms, and convention facilities. Transportation businesses. ~y~e-It~~rnP?e~res-fae~s++~g :.omits-(€#U') as premed-i+~sr~ar Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 14. Article 12-7E, Commercial Service Center District, of the Vail Town Code is hereby amended as follows (text to be deleted is in ,text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7E-3: PERMITTED USES: The following uses shall be permitted in the CSC district: Banks and financial institutions. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries, including preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Florists. Food stores. 11 Ordinance No. 1, Series of 2008, second reading Furniture stores. Gift shops. Hardware stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Pet shops. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Additional offices, businesses, or services determined to be similar to permitted uses in accordance with the provisions of section 12-7E-2 of this article. Employee housing units as further regulated in Chapter 13 of this Title. 12-7E-4: CONDITIONAL USES: The following conditional uses shall be permitted in the CSC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7E-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. Bowling alley. Brew pubs. Child daycare centers. Commercial laundry and cleaning services. Dog kennels. Major arcades. Multiple-family residential dwellings and lodges. Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this article. Private clubs. Private parking structures. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. ~s III amrlayee-ber.~E;ng ~ni`.s as rrs~i 9? sf-##ic t~t~ Employee Housing Units, as further regulated by Chapter 13 of this Title. 12 Ordinance No. 1, Series of 2008, second reading Section 15. Article 12-7F, Arterial Business District, of the Vail Town Code is hereby amended as follows (text to be deleted is in sff+ketF~eug~, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7F-3: PERMITTED USES: The following uses shall be permitted in the arterial business district: Eating and drinking establishments, as follows, are permitted on the first (street) level: Cocktail lounges and bars. Coffee shops, fountains, sandwich shops and restaurant. Personal services and repair shops, as follows, are deemed to be generally accessory and/or supportive of office uses and shall be permitted on the first (street) level: Beauty and barber shops. Shoe repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices and studios. Radio and television broadcasting studios. Retail stores and establishments, as follows, are deemed to be generally accessory and/or supportive of office uses and are therefore permitted so long as they do not exceed eight thousand (8,000) square feet in floor area for each such business use and so long as they are located on the first (street) level: Art supply stores. Bookstores. Drugstores. Florists. Newsstands. Stationery stores. Tobacco stores. Additional offices, businesses or services determined to be similar to permitted uses in accordance with the provisions of section 12-7F-1 of this article. Employee Housing Units, as further regulated by Chapter 13 of this Title. 12-7F-4: CONDITIONAL USES: A.Enumerated: The following conditional uses shall be permitted in the arterial business district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7F-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further provided by section 12-14-18 of this title. Brew pubs. Child daycare centers. Microbreweries. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public services uses, including screened outside storage. 13 Ordinance No. 1, Series of 2008, second reading Service yards. Transportation businesses. Type~ariplayee-k?susieg eni*,s ~€~f~,') as ;.rav+ded-ie-sfaa~sr 1 Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 16. Article 12-7H, Lionshead Mixed Use 1 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in stril:#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7H-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: B.Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. ~pe-~u er~leyee-~?s~eir:; snits Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B.Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. ~ffe-~u o:~nrl Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7H-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A.Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Accommodation units. Attached accommodation units. Lodges. 14 Ordinance No. 1, Series of 2008, second reading Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and-ar;p;ayee-f~sesi:~; a U) ~s fed i:~ ~hartcr 1? T~J~ e~le~ye~~crasing-~anitE Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Section 17. Article 12-71, Lionshead Mixed Use 2 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in st~+IEet#r~~, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-71-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: B.Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. ~e-+1~ en~leyee-f~s~;sing bnits Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-71-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B.Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. T~e-I~ ar~playee-laeesir~g anit~ Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-71-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: 15 Ordinance No. 1, Series of 2008, second reading A. Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and ss r a~e>; i:~ shaptsr 1' of `.his-title} ~e-l-V e+~leyee-f}e~sieg units Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Section 18. Article 12-8A, Agriculture and Open Space District, of the Vail Town Code is hereby amended as follows (text to be deleted is in sc`.k~~-seg#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-8A-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use within public parks, recreation areas, and open spaces which involves assembly of more than two hundred (200) persons together in one building or group of buildings, or in one recreation area or other public recreational facility. Cemeteries. Low power subscription radio facilities. Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges. Public and private schools. Religious institutions. Semipublic and institutional uses, such as convents and religious retreats. Ski lifts and tows. gun' ~har~r 13 af-~t#+s-title: Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 19. Article 12-8D, Ski Base Recreation District, of the Vail Town Code is hereby amended as follows (text to be deleted is in seg#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-8D-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreation district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Addition or expansion of storage buildings for mountain equipment. Additions or expansions of public or private parking structures or spaces. Bed and breakfast as further regulated by section 12-14-18 of this title. Child daycare center. Food and beverage cart vending. Public, private orquasi-public clubs. Recreation room/minor arcade. Redevelopment of public parks, playgrounds. Redevelopment of ski lifts and tows. Redevelopment of ski racing facilities. 16 Ordinance No. 1, Series of 2008, second reading Redevelopment of water storage extraction and treatment facilities. Seasonal structures to accommodate athletic, cultural, or educational activities. Summer outdoor storage for mountain equipment. Summer seasonal community offices and programs. ~:~sing uti~;fs,-i~!-!!'~) as ~aui~ed-i~-shsr sr 1? a#~+s titla- Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 20. Article 12-8E, Ski Base Recreation 2 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in ~eugk?, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-8E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreation 2 district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Brew pubs. Fractional fee units. Outdoor dining decks and patios. Private and public clubs. Public utility and public service uses. i n slaapts r 1 ~ a€#~s-#+t~l~ Employee Housing Units, as further regulated by Chapter 13 of this Title. Additional uses determined to be similar to conditional or permitted uses described in this chapter, in accordance with the provisions of section 12-3-4 of this title. Section 21. Article 12-9B, Parking District, of the Vail Town Code is hereby amended as follows (text to be deleted is in st~il~#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-96-3: CONDITIONAL USES: The following conditional uses shall be permitted subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Major arcades. Parks and recreational facilities. Private or public off street vehicle parking structures. Public uses, private office and commercial uses that are transportation, tourist or town related and that are accessory to a parking structure. Temporary construction staging sites. For the purposes of this section, a "temporary construction staging site" shall mean a site on which, for a temporary period of time, construction materials, heavy construction equipment, vehicles and construction trailers may be stored. T~pleyee-k~susing br~i#~{E!-!U) us pr~sd in shsptsr 1' of ±his'.i*.f~ Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 22. Article 12-9C, General Use District, of the Vail Town Code is hereby amended as follows (text to be deleted is in c:~'.I:#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 17 Ordinance No. 1, Series of 2008, second reading 12-9C-3: CONDITIONAL USES: A.Generally: The following conditional uses shall be permitted in the GU district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Child daycare centers. Equestrian trails. Golf courses. Healthcare facilities. Helipad for emergency and/or community use. Major arcades. Plant and tree nurseries, and associated structures, excluding the sale of trees or other nursery products, grown, produced or made on the premises. Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schools. Public and quasi-public indoor community facilities. Public buildings and grounds. Public parking structure. Public theaters, meeting rooms and convention facilities. Public tourist/guest service related facilities. Public transportation terminals. Public unstructured parking. Public utilities installations including transmission lines and appurtenant equipment. Religious institutions. Seasonal structures or uses to accommodate educational, recreational or cultural activities. Ski lifts, tows and runs. ~~leyee-#~~;..IM•, ~ ~,;T,~') as pr~uide~ in sraYtEr 13 of this ~9tle: Employee Housing Units, as further regulated by Chapter 13 of this Title. Water and sewage treatment plants. Section 23. Section 12-13-4, Employee Housing, of the Vail Town Code is hereby amended as follows (text to be deleted is in stfiketk~eu~#, text that is to be added is bold. Sections of text that are not amended have been omitted.) j g Ordinance No. 1, Series of 2008, second reading 12-13-4: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU) TYPE EHU Zoning districts Ownership/ Additional GRFA Additional Site Garage Parking Minimum/Maximum Density permitted by right or Transference /bite-beverage Coverage /Reduced Credit/Storage GRFA of an EHU by conditional use Landscape Area Requirement Type I Permitted Use: ~€k!'~ :^?;~e sels# 6R~F~ SITE COVERAGE: Allowed 300 sq. ft. Per Chapter 6eants The Primary/Secondary eFtr~as The EHU is entitled to The site is entitled to of garage area per 12-10 as a N!A EHU is Residential, an additional a98 550 an additional 5% of enclosed vehicle dwelling unit. allowed as Two-Family property: sq. ft. GRFA site coverage for the space at a 2nd a second Residential deduction. EHU. maximum of 2 unit on the (all-~wt# only on lots parking spaces property. less than 14,000 sq. up+ts-~allew-sale) LANDSCAPE AREA: (600 sq. ft.). ft. in size) The EHU may be sold The site is entitled to All units not or transferred a reduction of constructed with a separately, landscape area by garage shall be 5% (reduced to 55% required a minimum of site area) for the 75 sq. ft. of storage EHU. area in addition to normal Goset space. This 75 sq. ft. shall be a credit for storage only. Type II Permitted Use: The EHU shall not-be The EHU is entitled to N/A Allowed 300 sq. ft. Per Chapter Bwelliag-upift The EHU is Single-Family sold or transferred an additional a99 550 of additional garage 12-10 as a 300 sq. ft. min. and allowed as a Residential, Two- separately from the unit sq. ft. GRFA sred+t. area for the EHU. dwelling unit. 1,200 sq. ft. max. 2rd third unit Family Residential, it is associated with. deduction. All units not on property. Primary/Secondary constructed with a Bees-aet Residential garage shall be seuat-as required a minimum density. Conditional Use: 75 sq. ft. of storage Agriculture & Open area in addition to Space normal Goset space. This 75 sq. ft. shall be a credit for storage only. Type III Permitted Use: The EHU may be sold Rer-Sestie^ '.2 ~ N/A N/A Per Chapter A. Dwelling unit: Ne~seur~ted Lionshead Mixed Use or transferred T••^° " ".~Q°re 12-10 as a 300 sq. ft. min. and as-der;sity: 1 separately. exsldded-#r~:° t.~a dwelling unit. 1,200 sq. ft. max. The EHU is Lionshead Mixed Use B. Dormitory unit:: excluded 2 The EHU is from the Conditional Use: excluded from the #~euses~et~ere calculation Residential Cluster calculation of t''~-:`we{5}~erser~s of density. Low Density Multiple- GRFA ar~d~nslddes Family 6em+~ep-kitchen Medium Density , Multiple-Family l~atk~eere;ans#a High Density Multiple- -eftwe Family Public e~6R~A 200 sq.ft. ~ g Ordinance No. 1, Series of 2008, second reading Accommodation min. for each person Public occupying the EHU. Accommodation 2 Commercial Core 1 Commercial Core 2 Commercial Core 3 Commercial Service Center Arterial Business Parking District General Use Heavy Service Ski Base/Recreation Ski Base/ Recreation 2 Special Development District Type IV Any dwelling unit may The EHU may enly be N/A N/A Per Chapter Shalt be be designated and sold or transferred hy-~eaiager~ 12-10 as a hy-~eRing-en deterraifledby deed restricted as a separately. by-wing-en prepert~ dwelling unit. prepert~ ~eRiagen Type IV EHU, unless preperty: N/A N/A prepe~ty: already designated as The EHU is an EHU. calculated as density. Type IV-CL Permitted Use: The EHU may be sold N/A NIA N/A Per Chapter Per Chapter 12-23, The EHU is (Commercial Any dwelling unit or transferred 12-10 as a Commercial calculated as Linkage may be designated separately. The EHU dwelling unit. Linkage density. mitigation and deed restricted shall be linked to a unit) as a Type IV-CL specific Commercial EHU, unless already Linkage employee designated as an housing mitigation EHU. requirement. Type IV-IZ Permitted Use: The EHU may be sold N/A N/A N/A Per Chapter Per Chapter 12-24, The EHU is (Inclusionary Any dwelling unit or transferred 12-10 as a Inclusionary calculated as Zoning may be designated separately. The EHU dwelling unit. Zoning density. mitigation and deed restricted shall be linked to a unit) as a Type IV-IZ EHU, specific Inclusionary unless already Zoning employee designated as an housing mitigation EHU. requirement. Type V Permitted Use: The EHU shall not be The€~is-net N/A The-~€#'~ f r:at Per Chapter 1,200 sq. ft. max. The EHU is Hillside Residential sold or transferced 12-10 as a allowed separately from the unit 6R~1~ gafaQaaFea-sredi~ dwelling unit. wants as a it is associated with. NIA N/A second ~ unit on the property. 2Q Ordinance No. 1, Series of 2008, second reading Type VI Conditional Use: As governed by the Allowable-6FtF+t .~,I:a~4 AAe~nrable-site Per Chapter Allowable-6€~A ANewable Housing management plan. be As determined by leverage-and be As determined 12-10 as a shall-be As densit~shaN Shall not be subdivided the PEC. by the PEC. dwelling unit determined by the lie As or divided into any form lie As determined by ores-requires# PEC. determined by of time share, interval the PEC. try--the-R€~ the PEC. ownership, or fractional or a parking fee unit. management plan per Article 12-61, Housing District Type VII-CL Permitted Use: The EHU may be sold The EHU is N/A N/A Per Chapter Per Chapter 12-23, The EHU is (Commercial High Density or transferred excluded from the 12-10 as a Commercial excluded Linkage Multiple Family, separately. The EHU calculation of dwelling unit Linkage from the mitigation Housing District, shall be linked to a GRFA. or a parking calculation unit) Public specific Commercial management of density. Accommodation, Linkage employee plan per Public housing mitigation Chapter 12- Accommodation 2, requirement. 23, Commercial Core 1, Commercial Commercial Core 2, Linkage Commercial Core 3, Commercial Service Center, Arterial Business, General Use, Lionshead Mixed Use 1, Lionshead Mixed Use 2, Ski Base/Recreation, Ski Base/Recreation 2, Parking District, and Special Development Districts 21 Ordinance No. 1, Series of 2008, second reading TypeVll-IZ Permitted Use: The EHU may be sold The EHU is N/A N/A Per Chapter Per Chapter 12-24, The EHU is (Inclusionary Permitted Use: or transferred excluded from the 12-10 as a Inclusionary excluded Zoning High Density separately. The EHU calculation of dwelling unit Zoning from the mitigation Multiple Family, shall be linked to a GRFA. or a parking calculation unit) Housing District, specific Inclusionary management of density. Public Zoning employee plan per Accommodation, housing mitigation Chapter 12- Public requirement. 24, Accommodation 2, Inclusionary Commercial Core 1, Linkage. Commercial Core 2, Commercial Core 3, Commercial Service Center, Arterial Business, General Use, Lionshead Mixed Use 1, Lionshead Mixed Use 2, Ski Base/Recreation, Ski Base/Recreation 2, Parking District, and Special Development Districts 22 Ordinance No. 1, Series of 2008, second reading Section 24. Chapter 12-23, Commercial Linkage, of the Vail Town Code is hereby amended as follows (text to be deleted is in str~lEe##~eeg#, text that is to be added is bold): 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); 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. 23 Ordinance No. 1, Series of 2008, second reading 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 listed, 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 I Retail Store/Personal 2.4 Employees per 1,000 feet of new Service/Repair Shop net floor area Business Office and Professional 3.2 Employees per 1,000 feet of new Office (excluding Real Estate net floor area 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 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. 24 Ordinance No. 1, Series of 2008, second reading 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 Minimum Size Number of (GRFA) Employees Housed Dormitory 250 1 Studio 438 1.25 One-Bedroom 613 1.75 I Two-Bedroom 788 2.25 Three or More - 1,225 3.5 Bedroom B. Every EHU shall contain a kitchen facility or kitchenette and a bathroom. C. All trash facilities shall be enclosed. D. Parking shall be provided ae ~r~y in accordance with Chapter 10 of this Title. 1. Exception for on-site units: At the discretion of the applicable governing body, variations to the parking standards outlined in Chapter 10 of this Title may be approved during the review of an employee housing plan subject to a parking management plan. The parking management plan may be approved by the applicable governing body and may provide for a reduction in the parking requirements for on-site units based on a demonstrated need for fewer parking spaces than Chapter 10 of this Title would require. For example, a demonstrated need for a reduction in the required parking could include: 25 Ordinance No. 1, Series of 2008, second reading a. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. b. A limitation placed in the deed restrictions limiting the number of cars for each unit. c. A demonstrated permanent program including, but not limited to, rideshare programs, car-share programs, shuttle service, or staggered work shifts. 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• >a in tha-~ex~,:'s ;al~~~il~t+~,ns f~ say±r~: E~`~>~!: ck~.a s~~:are-beef-ef addit+~ ~cl ~~ragE a~cG. .4~y E~-:U tk:ct >:49EE 'iEt `~G~J~, w ye^,"a m+~+-~f a:: Gdd~ien~! ~suen~#+~re-~'c) ;q~e-~ee#~~ s`.a~agE in cdd+tian t© msl 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 2. The construction of EHUs. 12-23-6: METHODS OF MITIGATION: 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 ('/Z) the mitigation of employee housing required by this Chapter shall be accomplished with on-site units. 1. Exceptions: At the sole discretion of the applicable governing body, an exception may be granted from this subsection based upon one of the following findings: 26 Ordinance No. 1, Series of 2008, second reading a. Implementation of the on-site unit mitigation method would be contrary to the intent and purpose of the applicable zone district. b. Implementation of the on-site unit mitigation method would be contrary to the goals of the applicable elements of the Vail Comprehensive Plan and the Town's development objectives. c. Exceptional or extraordinary circumstances or conditions apply to the site that prevents the implementation of the on-site unit mitigation method. d. The method of mitigation proposed better achieves the intent and purpose of this Chapter and general and specific purposes of this Title than the on-site mitigation unit method. 2. All on-site EHUs shall be deed restricted as a "Type IV-CL" (type four, commercial linkage mitigation) or "Type VII-CL" (type seven, commercial linkage mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. 3. At the sole discretion of the applicable governing body, an applicant may provide on-site dormitory style units. 4. An applicant may provide a payment of fees-in-lieu for any fractional remainder of the requirement generated under this Chapter totaling less than 1.25 employees. 5. Any remaining portion of the mitigation requirement not provided with on-site units may be provided in accordance with Section 12-23-66 below. B. For all development projects except those mitigated by Section 12-23-6A above, 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. 1. On-site units. a. ~s, a~ a p , 1'.'~~; r £n lrltS ~'F'l~.'C ar9 deed~~e`.ri ^_rar~All on-site EHUs shall be deed restricted as a "Type IV-CL" (type four, commercial linkage mitigation) or "Type VII-CL" (type seven, commercial linkage mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. 27 Ordinance No. 1, Series of 2008, second reading b. •.hs sale--dissret~sn ~ Mn~ €~ire+~sn~l +ssis,~ ; sn cpplis~a#-ray rrsv+da s~ site der-m+teg• ~:n+ts, b~~Js tk~e wr;,Ilsat+s~ is--fE~ s. S;.as+al l~earelcrmar~: ^is;~ic., i:~ ~v~iF#~a~ss, th sil, i:~ its sale dissret+an, :~:G~Lasssti` der~+tery--uei`,s ~s s r~e#~ed-ef :nittgat+e~ At the sole discretion of the applicable governing body, an applicant may provide on-site dormitory style units. 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. This method does not mitigate the on- site unit requirements of Section 12-23-6A above. 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. ~k?e-Raaen+r:g Gr~~ E~~e#al GeissieF: ~:;c~• ar;.rave pa~~ent a#~e~ i.; li l~~#e~sed; sr s ps~#isn'.h 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 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. 2$ Ordinance No. 1, Series of 2008, second reading 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. @. f~taa~#e©~ i:: li~~ s`:zll ~a paid-vv#~s.; sr '.h+s-E"cpte~-rests in a #rastiec~ai e~he~-e#-a r~ p ~eyees: 12-23-7: MITIGATION BANK: A. The Town will provide credit for any EHUs constructed on-site, constructed off-site, or otherwise 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: A. Each application for development review, except those exempt pursuant to Section 12-23-5, shall include an employee housing plan er which includes the following: 4r~-smrlsyes h~:~^ing plcr~shall i.; 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; 29 Ordinance No. 1, Series of 2008, second reading 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. O. B. Review: 1. The Administrator shall approve, approve with modifications or deny an employee housing plan involving a total mitigation requirement of less than 1.25 employees. 2. The Planning and Environmental Commission shall approve, approve with modifications or deny an employee housing plan unless the plan involves a total mitigation requirement of less than 1.25 employees; the development is located within a Special Development District; or the plan includes a request to convey property., in w#is#~-sass ±hs Tswn-Seu~s;l E"ail srr eve appFe~w~th 3. The Town Council shall approve, approve with modifications or deny an employee housing plan for a development located within a Special Development District or a plan requesting to convey property. 4. Before granting approval of an employee housing plan, the applicable governing body shall make findings that the employee housing plan conforms to the general and specific purposes of this title, and that the plan is compatible with the applicable elements of the Vail Comprehensive Plan and the development objectives of the Town. B: C. 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, in accordance with the provisions of this Chapter. D. An approved employee housing plan shall become part of the approved application for development review for the affected site. E. Requests to amend an approved employee housing plan shall be reviewed in accordance with the procedures described in this Chapter. At the discretion of the Administrator, minor amendments that do not alter the basic intent or methodology of the plan may be approved, or approved with modifications, or denied by the Administrator. 30 Ordinance No. 1, Series of 2008, second reading 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 occupied by an employee feted and shall not remain vacant for a period in excess of three (3) consecutive months unless, despite reasonable and documented efforts to fet occupy the EHU, fsn'.?I 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 (unless owner-occupied); 3. The employee's employer; and 4. Evidence to demonstrate that at least one t person 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. 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 31 Ordinance No. 1, Series of 2008, second reading 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 aquasi-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 25. Chapter 12-24, Inclusionary Zoning, of the Vail Town Code is hereby amended as follows (text to be deleted is in ~eug#, text that is to be added is bold): 12-24-1: PURPOSE AND APPLICABILITY: A. The purpose of this Chapter is to ensure that new residential development and redevelopment in the Town of Vail provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such residential development and redevelopment. B. This Chapter shall apply to all new residential development and redevelopment located within the following zone districts, except as provided in Section 12-24-5: 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); 9. General Use (GU); 10. Heavy Service (HS); 32 Ordinance No. 1, Series of 2008, second reading 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 atl 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. 12-24-2: EMPLOYEE HOUSING REQUIREMENTS: Every residential development and redevelopment shall be required to mitigate its direct and secondary impacts on the Town by providing employee housing at a mitigation rate of ten percent (10%) of the total new GRFA. For example, for a development proposing 5,500 square feet of new GRFA the calculation would be as follows: 5,500 square feet of new GRFA x 10% mitigation rate = 550 square feet of employee housing to be provided 12-24-3: BUILDING REQUIREMENTS: A. Table 24-1, Size of Employee Housing Units, establishes the minimum size requirements for EHUs under this Chapter. All EHUs shall meet or exceed the minimum size requirements. TABLE 24-1 SIZE OF EMPLOYEE HOUSING UNITS Type of Unit Minimum Size (GRFA) Dormitory 250 Studio 438 One-Bedroom 613 Two-Bedroom 788 33 Ordinance No. 1, Series of 2008, second reading Three or More -Bedroom 1,225 f I B. Every EHU shall contain a kitchen facility or kitchenette and a bathroom. C. All trash facilities shall be enclosed. D. Parking shall be provided as-Fey in accordance with Chapter 10 of this Title. 1. Exception for on-site EHUs: At the discretion of the applicable governing body, variations to the parking standards outlined in Chapter 10 of this Title may be approved during the review of an employee housing plan subject to a parking management plan. The parking management plan may be approved by the applicable governing body and may provide for a reduction in the parking requirements for on-site units based on a demonstrated need for fewer parking spaces than Chapter 10 of this Title would require. For example, a demonstrated need for a reduction in the required parking could include: a. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. b. A limitation placed in the deed restrictions limiting the number of cars for each unit. c. A demonstrated permanent program including, but not limited to, rideshare programs, car-share programs, shuttle service, or staggered work shifts. 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. €F'.Js ahal a in tha-Te~;n's ar~~;t;~ se+~e~ tS. C n\ E ad~ieeal-g~r~gE ~x3c.. n^.~;.' t~Gt die n~ ha~~s s ga~e1-~f~~R irs4~e-a ~-ef a:~ G 'S) sq~~-#ee~#e~ s:~rGge-i+~-ad~itisn Fs fl6rr;a^I SI9&~t sr~s~ 12-24-4: REDEVELOPMENT: Employee housing need only be provided for the increase in the GRFA of a redevelopment; provided however, that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced in addition to other requirements of this Chapter. 34 Ordinance No. 1, Series of 2008, second reading 12-24-5: EXEMPTIONS: The following shall be exempt from this Chapter: 1. The remodeling of an existing dwelling unit; 2. The replacement of a demolished residential development, provided the replacement structure does not exceed the total GRFA of the original structure; and 3. The construction of EHUs. 12-24-6: METHODS OF MITIGATION: 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 438 sq. ft. or greater, no less than one-half ('/2) the mitigation of employee housing required by this Chapter shall be accomplished with on-site units. 1. Exceptions: At the sole discretion of the applicable governing body, an exception may be granted from this subsection based upon one of the following findings: a. Implementation of the on-site unit mitigation method would be contrary to the intent and purpose of the applicable zone district. ~b. Implementation of the on-site unit mitigation method would be contrary to the goals of the applicable elements of the Vail Comprehensive Plan and the Town's development objectives. c. Exceptional or extraordinary circumstances or conditions apply to the site that prevents the implementation of the on-site unit mitigation method. d. The method of mitigation proposed better achieves the intent and purpose of this Chapter and general and specific purposes of this Title than the on-site mitigation unit method. 2. All on-site EHUs shall be deed restricted as a "Type IV-IZ" (type four, inclusionary zoning mitigation) or "Type VII-IZ" (type seven, inclusionary zoning mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. 3. At the sole discretion of the applicable governing body, an applicant may provide on-site dormitory style units. 35 Ordinance No. 1, Series of 2008, second reading 4. An applicant may provide a payment of fees-in-lieu for any fractional remainder of the requirement generated under this Chapter totaling less than 438 sq. ft. of EHU floor area. 5. Any remaining portion of the mitigation requirement not provided with on-site units may be provided in accordance with Section 12-2466 below. A: B. For all development projects except those mitigated by Section 12-24-6A above, 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. 1. On-site units. 1. On-site units. a. stiF E!-!~ls~ A rain ±her~ef; sn site, ~ awded ±ha± a~-~.n sits ~~~'s-aFe deed-fss:r~ated in ChGpte~-All on-site EHUs shall be deed restricted as a "Type IV-IZ" (type four, inclusionary zoning mitigation) or "Type VII-IZ" (type seven, inclusionary zoning mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. b. A'. ~ 'cr. g axtd r.,i£sicn, an s der-~iteq bn+ts, u~ss #aae applisatier~ i= fsr a Ep~c;~l c-, ± ' , i~ its sale d+ssFetie~, ma~~ ' r as s r.~e~ed-ef r~i~ At the sole discretion of the applicable governing body, an applicant may provide on-site dormitory style units. 2. Conveyance of property on-site. An applicant may convey on-site real property to the Town of Vail on which no covenants, restrictions or issues exist that would limit the construction of EHUs, at the sole discretion of the Town Council. This method does not mitigate the on-site unit requirements of Section 12-24-6A above. 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 Environments! Commission, an applicant may provide off-site dormitory units, unless the application is for a Special Development District, in which case, the Town 36 Ordinance No. 1, Series of 2008, second reading Council, in its sole discretion, may accept dormitory units as a method of mitigation. 4. Payment of fees-in-lieu. ~'1~e-~'I~.nnir~g snd €n~.~ire+~er~tal Cemmi:si~n m~;; arp,~»s pay~srt of s fec '.n li a. The fee-in-lieu for each square foot 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 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 the square feet 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 the fees-in- lieu to provide new employee housing. 5. Conveyance of property off-site. The Town Council may, at its sole discretion, accept a conveyance of real property off-site in lieu of requiring construction of EHUs, provided that no covenants, restrictions or issues exist on the property that would limit the construction of EHUs. 12-24-7 MITIGATION BANK: A. The Town will provide credit for any EHUs constructed on-site, constructed off-site, or otherwise acquired in anticipation of future residential development or redevelopment, provided that those EHUs meet afl applicable requirements of this Chapter. However, the construction or acquisition of EHUs in anticipation of future development is at the risk of the applicant, because the residential development shall be subject to all regulations pertaining to EHUs which are in effect at the time the application for 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 credits 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 credits. 12-24-8: ADMINISTRATION: A. Each application for development review, except those exempt pursuant to Section 12-24-5, shah include an employee housing plan er which includes the following: 37 Ordinance No. 1, Series of 2008, second reading 8. pla^ 1. Calculation Method. The calculation of the inclusionary zoning requirement, 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 12-24-3, 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; and 7. Fees-in-lieu. A proposal to pay fees-in-lieu shall include a brief statement explaining the basis of the proposal. 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. G. B. Review: 1. The Administrator shall approve, approve with modifications or deny an employee housing plan involving a total mitigation requirement of less than 438 square feet of EHU floor area. 2. The Planning and Environmental Commission shall approve, approve with modifications, or deny an employee housing plan unless the plan involves less than 438 square feet of EHU floor area; the development is located within a Special Development District; or the plan includes a request to convey property~t#~n ~h ail ~hall~r-evs; arr~a~+n~?th sns~+#isatien~ C r c.n. 3. The Town Council shall approve, approve with modifications or deny an employee housing plan for a development located within a Special Development District or a plan requesting to convey property. 4. Before granting approval of an employee housing plan, the applicable governing body shall make findings that the employee housing 3g Ordinance No. 1, Series of 2008, second reading plan conforms to the general and specific purposes of this title, and that the plan is compatible with the applicable elements of the Vail Comprehensive Plan and the development objectives of the Town. 9: C. 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, in accordance with the provisions of this Chapter. D. An approved Employee Housing Plan shall become part of the approved application for development review for the affected site. E. Requests to amend an approved employee housing plan shall be reviewed in accordance with the procedures described in this Chapter. At the discretion of the Administrator, minor amendments that do not alter the basic intent or methodology of the plan may be approved, or approved with modifications, or denied by the Administrator. 12-24-9: 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 fora 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 occupied by an employee meted and shall not remain vacant for a period in excess of three (3) consecutive months unless, despite reasonable and documented efforts to re+~t occupy the EHU, rental efforts are unsuccessful. E. No later than February 1 of each year, the owner of each EHU shall submit a sworn affidavit on a form provided by the Town with the following information: 1. Evidence to establish that the EHU has been rented or owner occupied throughout the year; 2. The rental rate (unless owner-occupied); 3. The employee's employer; and 4. Evidence to demonstrate that at least one t3: ~~nt person residing in the EHU is an employee at a business located in Eagle County. 39 Ordinance No. 1, Series of 2008, second reading 12-24-10: 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 residential development. 12-24-11: 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. 12-24-12: 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 residential 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 Gommission 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 26. 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 27. 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. 40 Ordinance No. 1, Series of 2008, second reading Section 28. 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 29. 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 6`h day of May, 2008 and a public hearing for second reading of this Ordinance set for the 20`h day of May, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. lee a, d, M ya or Attest: ~pW N ~ ~ '•'9 • r A L~ ~-L'or~i Donaldson, Town Clerk Ceti READ AND APPROVED ON SECON ~q0 ORDERED PUBLISHED this 20"' day of May, 2008. Richard D. Cleve) ayor Attest: ~ • orelei Donaldson, Town Clerk • S C~~' O~' 41 Ordinance No. 1, Series of 2008, second reading