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HomeMy WebLinkAbout2023-19 An Ordinance of the Town of Vail Amending Title 12 of the Vail Town Code to Add the New West Vail Multi Family Overlay District to Further the Town's Workforce Housing Goals10/11/2023 C:\USERS\GROY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\X21LCNNO\WVMF DISTRICT-O101023.DOCX ORDINANCE NO. 19 SERIES 2023 AN ORDINANCE OF THE TOWN OF VAIL AMENDING TITLE 12 OF THE VAIL TOWN CODE TO ADD THE NEW WEST VAIL MULTI-FAMILY OVERLAY DISTRICT TO FURTHER THE TOWN'S WORKFORCE HOUSING GOALS WHEREAS, the Town currently lacks the necessary workforce housing for workers employed in the Town; WHEREAS, the Town wishes to promote workforce housing in areas that are well- connected to transit in the Town; WHEREAS, the Vail Town Council adopted the West Vail Master Plan on November 2, 2021; WHEREAS, the West Vail Master Plan identified West Vail as the heart of resident occupied housing in the Town of Vail; WHEREAS, Chapter 3 of the West Vail Master Plan identified six goals for housing; WHEREAS, these goals include updates to the Town s zoning regulations to allow continued improvements to promote workforce housing and enhance aesthetics, WHEREAS, the West Vail Master Plan recommendations include code changes to encourage redevelopment that preserves the character and scale of neighborhoods and supports resident housing; WHEREAS, the West Vail Master Plan recommends growing the number of deed- restricted units in West Vail to address the trend of conversion to second homes; and WHEREAS, the Town finds that this West Vail Multi-Family overlay district will promote the housing goals of the Town by increasing the supply of workforce housing. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 6 of Title 12 of the Vail Town Code is hereby amended by the addition of a new Article 12-6K, to read as follows: ARTICLE 6K: WEST VAIL MULTI-FAMILY (WVMF) OVERLAY DISTRICT 12-6K-1 PURPOSE: The West Vail Multi-Family (WVMF) overlay district is intended to provide employee housing in new or redeveloped multi-family dwellings in areas 2 10/11/2023 C:\USERS\GROY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\X21LCNNO\WVMF DISTRICT-O101023.DOCX well-connected to transit. It is also intended to provide limited waivers of certain development standards to accommodate redevelopment with employee housing. 12-6K-2 APPLICABILITY: (A) The WVMF overlay district only applies to property located within the project boundary of the West Vail Master Plan. (B) As an overlay district, the WVMF overlay district shall supplement, but not replace, the underlying zone district. In the case of a conflict between the underlying zone district regulations and this Article, this Article shall control. Where this Article is silent, the underlying zone district regulations and any other applicable requirements of this Code shall apply. (C) The WVMF overlay district shall only apply after a rezoning is approved in accordance with § 12-3-7. 12-6K-3 PERMITTED USES: The following uses are permitted: (1) Employee housing, as further regulated by Chapter 13 of this Title; and (2) Multi-family residential dwellings, including without limitation attached dwellings and row dwellings. 12-6K-4 CONDITIONAL USES: The following conditional use is permitted, subject to issuance of a conditional use permit pursuant to Chapter 16 of this Title: bed and breakfasts as further regulated by § 12-14-18. 12-6K-5 ACCESSORY USES: The following accessory uses are permitted: (1) Home occupations, subject to the issuance of a home occupation permit pursuant to § 12-14-12; (2) Home child daycare facilities, as further regulated by § 12-14- 12; (3) Private greenhouses, playhouses, attached garages and carports, swimming pools, patios, and recreation facilities customarily incidental to multi-family residential uses; and 3 10/11/2023 C:\USERS\GROY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\X21LCNNO\WVMF DISTRICT-O101023.DOCX (4) Other uses customarily incidental and accessory to permitted or conditional uses and necessary for the operation thereof. 12-6K-6 LOT AREA AND SITE DIMENSIONS: (A) The minimum lot size shall be as required by the underlying zone district. (B) Each lot shall have a minimum frontage of thirty (30) feet. 12-6K-7 SETBACKS: The minimum front setback shall be twenty (20) feet, the minimum side setback shall be fifteen (15) feet, and the minimum rear setback shall be fifteen (15) feet. 12-6K-8 HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed thirty- five (35) feet, and for a sloping roof, the height of buildings shall not exceed thirty-eight (38) feet. 12-6K-9 DENSITY CONTROL. (A) Gross residential floor area shall not exceed forty-six (46) square feet per each one hundred (100) square feet of lot area except as provided in § 12-6K-14. (B) The maximum density shall be eighteen (18) dwelling units per acre and the minimum density shall be nine (9) dwelling units per acre. 12-6K-10 SITE COVERAGE: Site coverage shall not exceed thirty percent (30%) of the total site area except as provided in § 12-6K-14. 12-6K-11 LANDSCAPING: At least forty percent (40%) of the site shall be landscaped except as provided in § 12-6K-14. 12-6K-12 EMPLOYEE HOUSING. (A) Forty percent (40%) of all newly constructed gross residential floor area shall be employee housing in compliance with Chapter 24 of this Title. (B) All employee housing shall be provided on site, except that developments that require a total of less than four hundred thirty-eight (438) 4 10/11/2023 C:\USERS\GROY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\X21LCNNO\WVMF DISTRICT-O101023.DOCX square feet of employee housing may provide the required employee housing in accordance with § 12-24-6. 12-6K-13 PARKING: Off-street parking shall comply with Chapter 10 of this Title except as provided in § 12-6K-14. 12-6K-14 EMPLOYEE HOUSING INCENTIVES: The following incentives shall be available for developments with affordable housing: (A) Gross Floor Area. Developments with at least one (1) employee housing unit on-site shall be allowed a gross residential floor area of up to sixty (60) square feet per each one hundred (100) square feet of lot area. (B) Site Coverage. Developments with at least two (2) employee housing units on-site shall be allowed a five percent (5%) increase in the percentage of site coverage permitted. (C) Landscaping and Parking. Developments with at least three (3) employee housing units on-site shall be allowed: (1) A five percent (5%) reduction in the percentage of landscaping required; and (2) A minimum of one (1) parking space per employee housing dwelling unit. (D) Density. Developments with at least four (4) employee housing units on-site shall have no maximum density. Section 2. The table in Section 12-13-4 of the Vail Town Code is hereby amended to add "West Vail Multi-Family" to the "Zoning Districts Permitted by Right" Column for Type VII-IZ Employee Housing Units. Section 3. The table in Section 12-15-2 of the Vail Town Code is hereby amended by the addition of the following row to be inserted as the last row in the table: Zone Districts GRFA Ratio GRFA Credits (Added to Results of Application of Percentage) * * * WVMF Overlay 0.46 of site area None 5 10/11/2023 C:\USERS\GROY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\X21LCNNO\WVMF DISTRICT-O101023.DOCX Section 4. Section 12-15-3(B) of the Vail Town Code is hereby amended as follows: 12-15-3 DEFINITION, CALCULATION AND EXCLUSIONS: * * * (B) Within the Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple- Family (HDMF), Housing (H) and Vail Village Townhouse (VVT), Districts and West Vail Multi-Family Overlay (WVMF) Districts. * * * Section 5. Section 12-15-5(B) of the Vail Town Code is hereby amended as follows: 12-15-5 ADDITIONAL GROSS RESIDENTIAL FLOOR AREA (250 ORDINANCE): * * * (B) Applicability. The provisions of this section shall apply to dwelling units in all zone districts except in the Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS), Vail Village Townhouse (VVT), Districts and West Vail Multi-Family Overlay (WVMF) Districts. * * * Section 6. Section 12-21-10(A) of the Vail Town Code is hereby amended as follows: 12-21-10 DEVELOPMENT RESTRICTED: (A) No structure shall be built in any flood hazard zone or red avalanche hazard area. No structure shall be built on a slope of forty percent (40%) or greater except in single-family residential, two-family residential, or two- family primary/secondary residential, or in the West Vail Multi-Family zone Overlay Districts. 6 10/11/2023 C:\USERS\GROY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\X21LCNNO\WVMF DISTRICT-O101023.DOCX not include recreational structures that are intended for seasonal use, not including residential use. * * * Section 7. Section 12-21-12(B) of the Vail Town Code is hereby amended as follows: 12-21-12 RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES: * * * (B) The following additional special restrictions or requirements shall apply to development on any lot in a Hillside Residential, Single-Family Residential, Two-Family Residential, or Two-Family Primary/Secondary Residential, or West Vail Multi-Family Overlay Districts where the average slope of the site beneath the existing or proposed structure and parking area is in excess of thirty percent (30%): * * * Section 8. Section 12-24-1 of the Vail Town Code is hereby amended as follows: 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 in the following zone districts, except as provided in § 12-24-5 of this Chapter: (1) High Density Multiple-Family (HDMF); (2) Vail Village Townhouse (VVT); (3) Public Accommodation (PA); (4) Public Accommodation 2 (PA-2); (5) Commercial Core 1 (CC1); (6) Commercial Core 2 (CC2); (7) Commercial Core 3 (CC3); 7 10/11/2023 C:\USERS\GROY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\X21LCNNO\WVMF DISTRICT-O101023.DOCX (8) Commercial Service Center (CSC); (9) Arterial Business (ABD); (10) General Use (GU); (11) Heavy Service (HS); (12) Lionshead Mixed Use 1 (LMU-1); (13) Lionshead Mixed Use 2 (LMU-2); (14) Ski Base/Recreation (SBR); (15) Ski Base/Recreation 2 (SBR2); (16) Parking District (P); and (17) Special Development (SDD).; and (18) West Vail Multi-Family Overlay (WVMF). (C) The requirements of this Chapter shall be in addition to all other requirements of this Code. In the case of a conflict, the stricter provision shall apply. Section 9. Section 12-24-8(b) of the Vail Town Code is hereby amended as follows: 12-24-8 ADMINISTRATION: * * * (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 or a housing plan in the West Vail Mult-Family Overlay (WVMF) District that does not include a development plan. (2) The Planning and Environmental Commission shall approve, approve with modifications or deny an all employee housing plans unless except the plans that involves less than 438 square feet of EHU floor area; the plans where the development is located within a special development district; or the plans that includes a request to convey property; or plans located in the West Vail Multi-Family Overlay (WVMF) District that do not include a development plan. (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. 8 10/11/2023 C:\USERS\GROY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\X21LCNNO\WVMF DISTRICT-O101023.DOCX (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. Section 10. 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 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 11. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 12. 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 13. 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 3rd day of October, 2023 and a public hearing for second reading of this Ordinance set for the 17th day of October, 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 9 10/11/2023 C:\USERS\GROY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\X21LCNNO\WVMF DISTRICT-O101023.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 17th day of October, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk