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2018-24 Amending Section 12-23-2, Employee Generation and Mitigation Rates ORDINANCE NO. 24 SERIES OF 2018 AN ORDINANCE AMENDING SECTION 12-23-2, EMPLOYEE GENERATION AND MITIGATION RATES, VAIL TOWN CODE, TO AMEND THE EXAMPLE EMPLOYEE HOUSING UNIT CALCULATION, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on October 3, 2017 the Vail Town Council adopted ordinance No. 12, Series of 2017 amending Commercial Linkage requirements in the Town of Vail; WHEREAS, the existing example in Section 12-23-2, Paragraph C, Vail Town Code, is obsolete and needs to be updated to reflect current commercial linkage requirements in Table 23-1. WHEREAS, amending the regulations will provide consistency within the section and accurately reflect the calculation required to determine the employee housing mitigation for eating and drinking establishments. WHEREAS, on December 10, 2018 the Town of Vail Planning and Environmental Commission held a property noticed public hearing and reviewed and forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments to the Zoning Regulations; WHEREAS, on December 18, 2018 the Vail Town Council held a property- noticed public hearing on the proposed amendments to Section 12-23-2 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-23-2: Employee Generation and Mitigation Rates, Vail Town Code, is hereby amended as follows (text to be deleted is in strikethrough, text that is to be added is bold. Sections of text that are not amended have been omitted.) A. The employee generation rates found in table 23-1, "Employee Generation Rates By Type Of Commercial Use", of this section, 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. 1 TABLE 23-1 EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE Employee Type Of Use Generation Rate Accommodation unit/limited service lodge unit 0.6 employee per net new units Business office and professional office(inducting real estate and property management office) 3.2 employees per 1,000 feet of new net floor area Conference fadity 0.8 employee per 1,000 feet of new net floor area Eating and drinking establishment 11 10.2 employees per 1,000 feet of new net floor area Health dub 1 10.96 employee per 1,000 feet of new net floor area Retail store/personal service/repair shop 1 12.4 employees per 1,000 feet of new net floor area Spa 1 [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 of this section 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 of this section, or the nexus study, in accordance with the requirements of this chapter. For example, for a development proposing two thousand five hundred (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] 10.2) = 16.875 25.5 new employees generated 16.875 25.5 new employees generated x 20% = 3.375 5.1 employees to be housed Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect 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 3. 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. 2 Section 4. 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of December, 2018 and a public hearing for second reading of this Ordinance set for the 8th of Ja uary, 2019 in the Council Chambers of the Vail Municipal Bui •.- , Vai Colorado. do AAid >< •ave Chain, a'r ATTEST: , � fVires• t'_� lib\.- 410 ,, lieb ‘144..'�P,i. Ott er' CO eilli�� n agel,sown erk �.� — �"" \`'� ' ORAl'GO INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 8th day of January, 2019. .. 1 ill /A/A il ,) Dave Chapin, Ma or ATTEST: �� OP te ie r nth, ? "114Pillikiiiib _ — . 4S),411: ,c? Tammy Nagel, Town erk 0O�'�O -TEv�� ftA 3