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HomeMy WebLinkAbout2008-31 an Ordinance Amending Chapter 12-13, Employee Housing, Vail Town Code, to Establish a Deed-Restriction Exchange Program ORDINANCE N0.31 SERIES 2008 AN ORDINANCE AMENDING CHAPTER 12-13, EMPLOYEE HOUSING, VAIL TOWN CODE, TO ESTABLISH A DEED-RESTRICTION EXCHANGE PROGRAM, AND Sc i ~ ING FORTH DETAILS IN REGARD THERETO. WHEREAS, on June 3, 2008, the Vail Town Council directed the Community Development Department to prepare amendments to the Vail Town Code to establish an Employee Housing Unit (EHU) deed restriction exchange program; and, WHEREAS, on October 28, 2008, the Vail Local Housing Authority of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments to the Zoning Regulations; and, WHEREAS, on December 8, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments to the Zoning Regulations in accordance with the procedures and criteria and findings outlined in Section 12-3-7 of the Vail Town Code; 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 VII of the Staff memorandum to the Planning and Environmental Commission dated December 8, 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 VII of the Staff memorandum to the Planning and Environmental Commission dated December 8, 2008, and the evidence aRd 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 VII of the Staff memorandum dated December 8, 2008; and, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-13-5, Employee Housing Deed Restriction Exchange Program, Vail Town Code is hereby established as follows: 12-13-5: Employee Housing Unlt Deed Restriction Exchange Program: A. Purpose: 1 Ordinance No. 31, Series of 2008, second Holding The purpose of this Section fs to provide occupied livable, affordable employee housing units within the Town of Vail through the establishment of an employes housing unit deed restriction exchange program. The exchange program allows for the release of a deed restriction from an existing employee housing unit in exchange for the conveyance of a free- market dwelling unit to the Town of Vail to be deed restricted. B. Applicability: The program established under this Section applies to existing employee housing units. This shall not apply to any existing employee housing unit that is already price appreciation capped or any employes housing unit established to meet the on-site employee mitigation requirements of Chapter 12-23, Commercial Linkage, or Chapter 12-24, Inclusionary Zoning, or as part of an approved development plan. C. Definitions: For the purpose of this Section: Commercial Job Core: Those areas located south of Interstate 70, east of the intersection of Forest Road and South Frontage Road, north of Vail Mountain, and west of the Town of Vail Soccer Fields on Vail Valley Road, as further defined by Exhibit A in this Section. Exchange EHU: The existing non-price appreciation capped employee housing unit with a deed restriction that is being proposed to have the deed restriction released as part of this program. Proposed EHU: The existing dwelling unit that is being proposed to be conveyed to the Town of Vail for the purpose of placing a new employee housing deed restriction as part of this program. D. General Requirements: 1. Exchange EHU requirements: a. The exchange EHU shall not be part of any employee housing project developed ordeed-restricted (in part or In whole) by the Town of Vail. b. The exchange EHU shall not be part of any on-site employee housing mitigation required by inciusionary zoning, commercial linkage, or as part of an approved development plan. 2. Proposed EHU requirements: a. The proposed EHU(s) shall be located within the Town of Vaii. b. The proposed EHU(s) shall be within a homeowners association that does not preclude deed restricted. units, does not have a right of first refusal, does not have right to approve the sale or the sale contract, or have any other requirements deemed to be similarly restrictive by the Administrator. 2 Oniinance No. 31, Series of 2008, second reading 3. Exchange Rate: a. If the exchange EHU(s) is within the commercial job core and the proposed EHU(s) is also within the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of two (2) times the gross residential floor area (GRFA) of the exchange EHU. b. If the exchange EHU is within the commercial job core and the proposed EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of three (3) times the gross residential floor area (GRFA) of the exchange EHU. c. If the exchange EHU is outside of the commercial job core and the proposed EHU(s) is inside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of one and one-half (1.5) times the gross residential floor area (GRFA) of the exchange EHU. d. If the exchange EHU is outside of the commercial job core and the proposed EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of two (2) times the gross residential floor area (GRFA) of the exchange EHU. 4. Exception; Fee-In-Lieu: The applicant may elect to provide a proposed EHU(s) that is within 80°h of the minimum required gross residential floor area (GRFA) for the proposed EHU if a payment is made for the remaining minimum required gross residential floor area (GRFA) at the rate established by the Vail Town Council for Inclusionary Zoning payments of fee in lieu established by Chapter 12-23, Inclusionary Zoning, Vail Town Code. 5. No Credit Given: if the gross residential floor area (GRFA) of the proposed EHU(s) is in excess of the minimum required gross residential floor area (GRFA) as set forth in Subsection D3 above, the additional gross residential floor area (GRFA) shall not be eligible for use as any form of future credit or for the Commercial Linkage or Inclusionary Zoning employes housing mitigation banks established by Sections 12-23-7 and 12-24-7, Vail Town Code. 6. Compliance with Zoning Regulations: The properties that include the exchange EHU and the proposed EHU(s) shall fully comply with all requirements of Title 12, Zoning Regulations, and Title 14, Development Standards, Vail Town Code, upon exchange of the deed restrictions. 7. Conveyance of Proposed EHU: The proposed EHU shall be conveyed, fee simple, to the Town of Vail. E. Fees: The Town Council shall set an application fee schedule sufficient to cover the cost of Town Staff time and other expenses incidental to the review of 3 :Ordinance No. 31, Series of 2008, second reading the application. The fee shall be paid at the time of the application, and shall not be refundable. F. Review Process: 1. Submittal Requirements: The Administrator shall establish the submittal requirements for an Employee Housing Desd Restriction Exchange application. A complete list of the submittal requirements shall be maintained by the Administrator and filed in the Community Development Department. Certain submittal requirement may be waived and/or modified by the Administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed exchange. The Administrator and/or the reviewing body may require the submission of additional materials if deemed necessary to properly evaluate the appUcation. 2. Review Procedures: a. Administrator Review: The Administrator shall review the application for completeness. and compliance with this Section, and shall make a determination of completeness and compliance with this Section within fourteen (14) days of application submittal. Should the Administrator deem that the application is incomplete or not in compliance with this Section, the Administrator shall deny the application. Should the Administrator deem the application is both complete and in compliance with this Section, the Administrator shall forward the application for review by the Vail Local Housing Authority. b. Vail Local Housing Authority Review: The review of a proposed Employes Housing Deed Restriction Exchange application shall be held by the Vatl Local Housing Authority at a regularly scheduled meeting. A report of the Community Development Department Staffs findings and recommendations shall be made at the formal hearing before the Vail Local Housing Authority. Within twenty (20) days of the closing of a public hearing on a proposed amendment, the Vail Local Housing Authority shall act on the application. The Authortiy may recommend approval of the application as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purposes of this Title, or may recommend denial of the application. The Authority shall transmit its recommendation, together with a report on the public hearing and its deliberations and findings, to the Town Council. c. Town Council Review: Upon receipt of the report and recommendation of the Authority, the Town Council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on the application, the Town Council shall act on the application. The Town Council shall consider but shall not be bound by the recommendation of the Vail Local Housing Authority. The Town Council may approve, either in accordance with the recommendation of the Vail Local Housing Authority or in modified form, or the Council may deny the application. e4 Ordinance No. 31, Series of 2008, second reading 3. Criteria and Findings: a. Criteria: Before acting on an Employee Housing Deed Restriction Exchange application, the Vail Local Housing Authority and Vail Town Council shall consider the following criteria with respect to the application: 1. The proximity and accessibility of the proposed EHU(s) to the Commercial Job Core and public transportation; and 2. Ths size of the proposed EHU(s) in relation to the minimum employee housing unit sizes established for Commercial Linkage mitigation in Section 12-23-3, Vail Town Code; and 3. The effect of any homeowners association dues or maintenance fees imposed upon the proposed EHU(s) on the affordability of the proposed unit for an employee; and 4. The correlation between any homeowners association fees imposed upon the proposed EHU(s) and the services and amenities provided by the homeowners association. b. Necessary Findings: Before recommending and/or granting an approval of an Employee Housing Deed Restriction Exchange application, the Vail Local Housing Authority and the Vail Town Council shall make the following findings with respect to the application: 1. The application meets the general requirements of Section 12-13-5D, Vail Town Code; and 2. The application is 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; and 3. The application furthers the general and specific purposes of the zoning regulations, Section 12-1-2, Vail Town Code, and the employee housing regulations, Section 12-13-1, Vail Town Code; and 4. The application promotes the health, safety, morals, and general welfare of the town and promotes 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. 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. 5 Oniinance No. 31, Series of 2008, second n~adiny Section 5. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of December, 2008 and a public hearing for second reading of this Ordinance set for the 6th day of January, 2009, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cle eland''14f yor Attest: .SOWN ~ ~ rel~ Donaldson, Town Clerk ,S~ 9r' L• `ono RgpO _ READ AND APPROVED ON SECOND READ ORDERED PUBLISHED this 6th day of January, 2009. Richard D. Cleveland, or Attest: ~OV~ N' L . '•'9 rely Donaldson, Town Clerk .SEAL . . ORADO 6 Ordinance No. 31, Series of 2008, second reading I {111111 _r` ~ EXHIBIT A it ~ .A _ ~ - lL ~ ~ ~ ~ i~ ~ .~~u CJ ~ ~4 "I ~ i v`~' ~ ~ ,a J ~ x 3 R l,~j~~ a ~ ~ „isl ~ ~ ~ r ~ /j~~,q ~ Ji Ik¦ ~ ~ f ¢ - iii J~ _ r x ` i . , o w o f~ ,r i ~ ~ ~ ~ ~ ~ h ~ li • r % i ~ z li - ~ I II~ ~^9r,.. I R ~ ~ O ~ l 4 U c - _ ~ a ~ a ~ ' i, ? ~ O a J \ 9 L ~ ~ ~ ~ r I ~~~~I~ i I - r r * ~ V 1 II y, / ~ A O ~~1~~ e ~ ~ ~,A~ ~ ~ , m U p~. \ y xN T ~ ~t ~ ~ * ~ ~ ~ + ~ ~ ~ y = m atizsr I ~ll~~~~, 7 Ordinance No. 31, Series of 2008, second reading