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
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