CHAPTER 23: COMMERCIAL LINKAGE
Section
12-23-1 Purpose and applicability
12-23-2 Employee generation and mitigation rates
12-23-3 Size and building requirements
12-23-4 Redevelopment
12-23-5 Exemptions
12-23-6 Methods of mitigation
12-23-7 Mitigation bank
12-23-8 Administration
12-23-9 Occupancy and deed restrictions
12-23-10 Timing
12-23-11 Variances
12-23-12 Review
(A) The purpose of this chapter is to ensure that new commercial development and redevelopment in the town provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such commercial development and redevelopment.
(B) Except as provided in § 12-23-5 of this chapter, this chapter shall apply to all new commercial development and redevelopment located within the following zone districts:
(1) High Density Multiple-Family (HDMF);
(2) Public Accommodation (PA);
(3) Public Accommodation 2 (PA-2);
(4) Commercial Core 1 (CC1);
(5) Commercial Core 2 (CC2);
(6) Commercial Core 3 (CC3);
(7) Commercial Service Center (CSC);
(8) Arterial Business (ABD);
(9) General Use (GU);
(10) Heavy Service (HS);
(11) Lionshead Mixed Use 1 (LMU-1);
(12) Lionshead Mixed Use 2 (LMU-2);
(13) Ski Base/Recreation (SBR);
(14) Ski Base/Recreation 2 (SBR2);
(15) Parking District (P); and
(16) Special Development (SDD).
(C) The requirements of this chapter shall be in addition to all other requirements of this code.
(D) When any provision of this chapter conflicts with any other provision of this code, the provision of this chapter shall control.
(Ord. 1(2008) § 24)
(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.
Table 23-1 | |
Employee Generation Rates by Type of Commercial Use | |
Type of Use | Employee Generation Rate |
Table 23-1 | |
Employee Generation Rates by Type of Commercial Use | |
Type of Use | Employee Generation Rate |
Accommodation unit/ limited service lodge unit | 0.6 employee per net new units |
Business office and professional office (including real estate and property management office) | 3.2 employees per 1,000 feet of new net floor area |
Conference facility | 0.8 employee per 1,000 feet of new net floor area |
Eating and drinking establishment | 10.2 employees per 1,000 feet of new net floor area |
Health club | 0.96 employee per 1,000 feet of new net floor area |
Retail store/personal service/repair shop | 2.4 employees per 1,000 feet of new net floor area |
Spa | 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) (1) Each commercial development or redevelopment shall mitigate its impact on employee housing by providing EHUs for 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.
(2) For example, for a development proposing 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 [10.2]) = 25.5 new employees generated |
25.5 new employees generated x 20% = 5.1 employees to be housed |
(Ord. 24(2018) § 1)
(A) Table 23-2, “Size Of Employee Housing Units”, of this section, establishes the minimum size of EHUs and the number of employees that can be housed in each. All EHUs shall meet or exceed the minimum size requirements.
Table 23-2 | ||
Size of Employee Housing Units | ||
Type of Unit | Minimum Size (GRFA) | Number of Employees Housed |
Table 23-2 | ||
Size of Employee Housing Units | ||
Type of Unit | Minimum Size (GRFA) | Number of Employees Housed |
Dormitory | 250 | 1 |
Studio | 438 | 1.25 |
1 bedroom | 613 | 1.75 |
2 bedroom | 788 | 2.25 |
3 or more bedrooms | 1,225 | 3.5 |
(B) Every EHU shall contain a kitchen facility or kitchenette and a bathroom.
(C) All trash facilities shall be enclosed.
(D) (1) Generally. Parking shall be provided in accordance with Chapter 10 of this title.
(2) Exception for on site units. At the discretion of the applicable governing body, variations to the parking standards outlined in Chapter 10 of this title may be approved during the review of an employee housing plan subject to a parking management plan. The parking management plan may be approved by the applicable governing body and may provide for a reduction in the parking requirements for on site units based on a demonstrated need for fewer parking spaces than Chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include:
(a) Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services;
(b) A limitation placed in the deed restrictions limiting the number of cars for each unit; and
(c) A demonstrated permanent program including, but not limited to, rideshare programs, car share programs, shuttle service or staggered work shifts.
(E) Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit to which it may be attached.
(Ord. 1(2008) § 24)
Employee housing impacts need only be mitigated for a redevelopment that results in a greater number of employees generated from an increase in net floor area, or an increase in the number of accommodation units or limited service lodge units in the redevelopment; provided however, that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced in addition to the other requirements of this chapter.
(Ord. 1(2008) § 24)
(A) For all new construction (i.e., development that does not affect any existing buildings or structures) and demo/rebuild projects that result in a mitigation requirement of 1.25 employees or greater, no less than one-half the mitigation of employee housing required by this chapter shall be accomplished with on site units.
(1) Exceptions. At the sole discretion of the applicable governing body, an exception may be granted from this subsection (A) based upon one of the following findings.
(a) Implementation of the on site unit mitigation method would be contrary to the intent and purpose of the applicable zone district.
(b) Implementation of the on site unit mitigation method would be contrary to the goals of the applicable elements of the Vail Comprehensive Plan and the town’s development objectives.
(c) Exceptional or extraordinary circumstances or conditions apply to the site that prevents the implementation of the on site unit mitigation method.
(d) The method of mitigation proposed better achieves the intent and purpose of this chapter and general and specific purposes of this title than the on site mitigation unit method.
(2) On site EHUs. All on site EHUs shall be deed restricted as a “Type IV-CL” (type four, commercial linkage mitigation) or “Type VII-CL” (type seven, commercial linkage mitigation) EHU in accordance with Chapter 13, “Employee Housing”, of this title.
(3) On site dormitory style units. At the sole discretion of the applicable governing body, an applicant may provide on site dormitory style units.
(4) Fees in lieu. An applicant may provide a payment of fees in lieu only for any fractional remainder of the requirement generated under this chapter totaling less than one employee.
(5) Remaining portion of requirement. Any remaining portion of the mitigation requirement not provided with on site units shall be provided in accordance with subsection (B) of this section.
(B) For all development projects except those mitigated by subsection (A) of this section, the mitigation of employee housing required by this chapter shall be accomplished through one, or any combination, of the methods further described in this section. Unless otherwise regulated by this title, the choice of method(s) used to mitigate the employee housing requirements of this chapter shall be at the sole discretion of the applicant.
(1) On site units.
(a) All on site EHUs shall be deed restricted as a “Type IV-CL” (type four, commercial linkage mitigation) or “Type VII-CL” (type seven, commercial linkage mitigation) EHU in accordance with Chapter 13, “Employee Housing”, of this title.
(b) At the sole discretion of the applicable governing body, an applicant may provide on site dormitory style units.
(2) Conveyance of vacant property on site. An applicant may convey on site real property to the town on which no covenants, restrictions or issues exist that would limit the construction of EHUs, at the sole discretion of the Town Council. This method does not mitigate the on site unit requirements of subsection (A) of this section.
(3) Off site units.
(a) The requisite number of EHUs, or a portion thereof, may be provided off site within the town, provided that such EHUs are deed restricted in accordance with this chapter.
(b) At the sole discretion of the Planning and Environmental Commission, an applicant may provide off site dormitory units, unless the application is for a special development district, in which case, the Town Council, in its sole discretion, may accept dormitory units as a method of mitigation.
(4) Payment of fees in lieu.
(a) The fee in lieu for each employee to be housed shall be established annually by resolution of the Town Council, provided that, in calculating that fee, the Town Council shall include the net cost (total cost less the amount covered by rental or sale income) of real property and all related planning, design, site development, legal, construction and construction management costs of the project, in current dollars, which would be incurred by the town to provide housing for the employee to be housed in that year.
(b) An administrative fee, established by resolution of the Town Council, shall be added to the amount set forth in subsection (B)(4)(a) of this section.
(c) Fees in lieu shall be due and payable prior to the issuance of a building permit for the development.
(d) The town shall use monies collected from fees in lieu only to provide incremental new employee housing units.
(e) An applicant may provide a payment of fees in lieu only for any fractional remainder of the requirement generated under this chapter totaling less than one employee.
(5) Conveyance of vacant property off site. The Town Council may, at its sole discretion, accept the conveyance of vacant property off site in lieu of requiring the provision of EHUs, provided that no covenants, restrictions or issues exist on such property that would limit the construction of EHUs.
(Ord. 1(2008) § 24; Ord. 23(2016) § 2)
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