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(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)
(A) The town will provide credit for any EHUs constructed on site, constructed off site, or otherwise acquired in anticipation of future commercial development or redevelopment, provided that those EHUs meet all applicable requirements of this title. However, the construction or acquisition of EHUs in anticipation of future development is at the sole risk of the applicant, because the commercial development shall be subject to all regulations pertaining to EHUs which are in effect at the time the application for commercial development review is submitted to the town, even if those regulations change after the EHUs are constructed.
(B) It shall be the applicant’s responsibility to provide documentation of any existing EHU credit upon submission of an application for development review. If the applicant cannot adequately document such credits, the town shall not be obligated to provide such credit.
(Ord. 1(2008) § 24)
(A) Employee housing plan. Each application for development review, except those exempt pursuant to § 12-23-5 of this chapter, shall include an employee housing plan which includes the following:
(1) Calculation method. The calculation of employee generation, including credits if applicable, and the mitigation method by which the applicant proposes to meet the requirements of this chapter;
(2) Plans. A dimensioned site plan and architectural floor plan that demonstrates compliance with § 12-23-3, “Size And Building Requirements”, of this chapter;
(3) Lot size. The average lot size of the proposed EHUs and the average lot size of other dwelling units in the commercial development or redevelopment, if any;
(4) Schedules. A time line for the provision of any off site EHUs;
(5) Off site units. A proposal for the provision of any off site EHUs shall include a brief statement explaining the basis of the proposal;
(6) Off site conveyance request. A request for an off site conveyance shall include a brief statement explaining the basis for the request;
(7) Fees in lieu. A proposal to pay fees in lieu shall include a brief statement explaining the basis of the proposal; and
(8) Written narrative. A written narrative explaining how the employee housing plan meets the purposes of this chapter and complies with the town’s comprehensive plan.
(B) Review.
(1) The Administrator shall approve, approve with modifications or deny an employee housing plan involving a total mitigation requirement of less than 1.25 employees.
(2) The Planning and Environmental Commission shall approve, approve with modifications or deny an employee housing plan unless the plan involves a total mitigation requirement of less than 1.25 employees; the development is located within a special development district; or the plan includes a request to convey property.
(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.
(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.
(C) Housing plan modification. If modifications to a submitted application for development review changes the obligations of the applicant under this chapter, the applicant shall submit a modified employee housing plan. A modification to an employee housing plan shall be reviewed by the body that reviewed the initial employee housing plan, in accordance with the provisions of this chapter.
(D) Approved housing plan. An approved employee housing plan shall become part of the approved application for development review for the affected site.
(E) Amendment requests. Requests to amend an approved employee housing plan shall be reviewed in accordance with the procedures described in this chapter. At the discretion of the Administrator, minor amendments that do not alter the basic intent or methodology of the plan may be approved, or approved with modifications or denied by the Administrator.
(Ord. 1(2008) § 24)
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