HomeMy WebLinkAbout2011-10 Employee Housing Exchange Program AmendmentsORDINANCE NO. 10
SERIES 2011
AN ORDINANCE AMENDING CHAPTER 12 -13 -5: EMPLOYEE HOUSING DEED
RESTRICTION EXCHANGE PROGRAM, VAIL TOWN CODE, TO AMEND THE
DEED - RESTRICTION EXCHANGE PROGRAM, AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, on January 6, 2009, the Vail Town Council adopted Ordinance No. 31, Series of
2008, which established Chapter 12 -13 -5, Employee Housing Deed Restriction Exchange Program,
Vail Town Code, in order to allow owners of employee housing units to remove their deed restriction
in exchange for giving the Town of Vail a free market dwelling unit fee simple; and,
WHEREAS, since the adoption of Ordinance No. 31, Series of 2008, no property owners have
utilized the employee housing deed restriction exchange program; and,
WHEREAS, on March 23, 2011, 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 April 25, 2011, 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 5 of the Staff memorandum to the Planning and Environmental Commission dated April 11,
2011, 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 5 of the Staff memorandum to
the Planning and Environmental Commission dated April 11, 2011, 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 5 of the Staff memorandum dated April 11, 2011; and,
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
The proposed regulation amendments are as follows:
Section 1 . Section 12- 13 -5A, Purpose, Vail Town Code is hereby amended as follows:
Ordinance No. 10, Series of 2011, second reading
A. Purpose: The purpose of this Section is to provide occupied livable, affordable employee
housing units within the Town of Vail through the establishment of an employee housing
unit deed restriction exchange program. The exchange program allows the Town Council
to release a deed restriction from an existing employee housing unit in exchange for the
placement of an employee housing deed restriction on another dwelling unit and/ or a fee -
in -lieu payment made to the Town of Vail.
Section 2 . Section 12- 13 -513, Definitions, Vail Town Code is hereby amended as follows:
B. Definitions: For the purpose of this Section:
Exchange EHU: The existing non -price appreciation capped employee housing unit or other
unit with an employee housing 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 receive an employee
housing deed restriction as part of this program.
Section 3 . Section 12- 13 -5C, General Requirements, Vail Town Code is hereby amended
as follows:
C. General Requirements: The Town Council may approve the removal of an employee
housing deed restriction from an existing employee housing unit in exchange for the
placement of an employee housing deed restriction on to another dwelling unit, and /or the
payment of a fee -in -lieu.
1. Exchange EHU requirements:
a. The exchange EHU shall not be part of any employee housing project developed or
deed - 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 inclusionary zoning, commercial linkage, or as part of an approved
development plan.
c. The property that includes the exchange EHU shall comply with the prescribed
development standards (density controls including GRFA and number of units, site
coverage, landscaping and parking requirements, etc.), as outlined in the applicable
zone district section of Title 12, Zoning Regulations, Vail Town Code, upon exchange
of the deed restrictions.
2. Proposed EHU requirements:
a. The proposed EHU(s) shall be located within the Town of Vail.
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.
c. The proposed EHU shall comply with the minimum size requirements shown in Table
13 -2.
2 Ordinance No. 10, Series of 2011, second reading
TABLE 13 -2: MINIMUM SIZE OF PROPOSED EHUs
Type Of Unit
Minimum Size GRFA
Studio
438 square feet
1 bedroom
613 square feet
2 bedroom
788 square feet
3+ bedrooms
1,225 square feet
d. The proposed EHU shall contain a kitchen facility or kitchenette and a bathroom.
e. The property on which the proposed EHU is located shall comply with Chapter 12 -10,
Off - Street Parking and Loading, Vail Town Code.
f. The proposed EHU shall have its own entrance. There shall be no interior access from
the proposed EHU to any dwelling unit to which it may be attached.
3. Exchange Rate for Proposed EHUs:
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. 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 employee
housing mitigation banks established by Sections 12 -23 -7 and 12 -24 -7, Vail Town Code.
5. Fee-In -Lieu: The applicant may elect to provide a fee -in -lieu payment to the Town of Vail
for any portion of the required square footage not provided by a proposed EHU. The town
shall only use monies collected from the fees in lieu to provide new employee housing. The
applicant shall pay a fee-in -lieu equal to the following formulas:
Existing EHU sq ft x multiplier x inclusionary zoning fee = Fee -in -Lieu Payment
a. If the exchange EHU was approved prior to July 22, 1994 and has a deed restriction
that includes the language stating "if the unit is rented, it shall be rented only to tenants
who are full time employees...," the formula for fee -in -lieu payment is:
[the square footage of the exchange EHU as recorded on the deed restriction] x [the
current rate for inclusionary zoning fee-in -lieu] x 1
Ordinance No. 10, Series of 2011, second reading
b. If the exchange EHU was approved after July 22, 1994 and /or does not have a deed
restriction that includes the language stating "if the unit is rented, it shall be rented only
to tenants who are full time employees... ", and If the exchange EHU is outside of the
commercial job core, the formula for fee -in -lieu payment is:
[the square footage of the exchange EHU as recorded on the deed restriction] x [the
current rate for inclusionary zoning fee -in -lieu] x 2
c. If the exchange EHU was approved after July 22, 1994 and /or does not have a deed
restriction that includes the language stating "if the unit is rented, it shall be rented only
to tenants who are full time employees... ", and is within the commercial job core, the
formula for fee -in -lieu payment is:
[the square footage of the exchange EHU as recorded on the deed restriction] x [the
current rate for inclusionary zoning fee -in -lieu] x 3
Section 4 . Section 12- 13 -5F, Review Process , Vail Town Code is hereby amended as
follows:
F. Review Process:
2. Review Procedures:
d. Appeal: Administrator and Town Council decisions may be appealed in accordance
with the provisions in section 12 -3 -3 , "Appeals ", of this title.
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. The 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.
5. The extent to which the exchange 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
6. The extent to which the exchange presents a harmonious, convenient, workable
relationship among land uses consistent with municipal development objectives;
and
7. The extent to which the exchange provides for the growth of an orderly viable
community and serves the best interests of the community as a whole.
4 Ordinance No. 10, Series of 2011, second reading
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Section 5 . 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 6 . The Town Council hereby finds, determines and declares that this ordinance is
necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants
thereof.
Section 7 . 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 8 . 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 7` day of June, 2011 and a public hearing for second
reading of this Ordinance set for the 21•` day of June, 2011, in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
OF
, '•'� Richard D. Clevelan Mayor
: ke
Si
r i Donaldson, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND
ORDERED PUBLISHED IN FULL this 21•` day of June, 2011.
ATTEST:
rel i Donaldson, Town Clerk
Az
SEAL
Ordinance No. 10, Series of 2011, second reading