HomeMy WebLinkAbout2016-09-06 Agenda and Supporting Documentation Town Council Regular Meeting AgendaVAIL TOWN COUNCIL REGULAR MEETING
Evening Agenda TOWN Of VAIL'
Town Council Chambers
75 South Frontage Road W., Vail, CO 81657
6:00 PM, September 6, 2016
Notes:
Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will
consider an item.
Public comment will be taken on each agenda item.
Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town
services, policies or other matters of community concern, and any items that are not on the agenda. Please
attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the
meeting and to allow equal opportunity for everyone wishing to speak.
1. Citizen Participation
2. Proclamations
2.1. Proclamation No. 5, Series of 2016, Recognizing Dr. Thomas I. Steingberg 5 min.
as the first recipient of Vail's Trailblazer Award
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Request the proclamation is read and
approved.
Background: Vail's Trailblazer Award was created as a legacy project during
the town's 50th Birthday Party Celebration and given to Dr. Thomas I.
Steinberg during a luncheon for dignitaries and recognized during the
festivities of the birthday party at Donovan Pavilion. The award recognizes
those who have made long standing contributions to the community and will
be awarded on an annual basis by the Vail Town Council.
3. Any action as a result of executive session
4. Consent Agenda
4.1. Minutes from August 2, 2016 meeting 5 min.
4.2. Minutes from August 16, 2016 meeting
4.3. Construction Contract for a new picnic shelter at Donovan Park
Background: The project is included in the 2016 REIT budget. The town
received two bids for the project. The low bid by R.A. Nelson is within the
existing budget. With approval, work will begin in mid-September with
anticipated completion by mid-November.
Staff Recommendation: Staff recommends approval of the Construction
September 6, 2016 - Page 1 of
Agreement
4.4. Bus/Vehicle Wash Construction Contract
Background: A new Bus/Vehicle Wash for the transit buses and Town fleet
was budgeted in 2016. The project was put out to bid in July and bids were
opened on August 11.
4.5. Vail Transportation Center Generator Construction Contract
Background: A new generator for the Vail Transportation Center was
budgeted in 2015. Funds were re -appropriated by the town council in early
2016 for the replacement of the existing generator. The project was put out
to bid in July and bids were opened on August 11, 2016.
5. Town Manager Report
6. Action Items
6.1. Resolution No. 29, Series of 2016 , A Resolution Adopting the VAIL 60 min.
HOUSI NG 2027. 'A Strategic Plan for Maintaining and Sustaining
Community Through the Creation and Support of Resident Housing in
Uail', and Setting Forth Details in Regard Thereto.
Presenter(s): George Ruther, Director of Community Development and
Steve Lindstrom, Chair of the Vail Local Housing Authority
Action Requested of Council: Approve, approve with modifications, or deny
Resolution No. 29, Series of 2016 as presented.
Background: Vail's first strategic plan for housing was adopted in 2008. As
a result, the community has made progress towards addressing the need to
provide homes for year round residents of Vail. Unfortunately, housing
continues to challenge the community and a new and updated strategic plan
for housing is needed. Vail Housing 2027 is a new and updated strategic
plan.
Staff Recommendation: The Community Development Department and the
Vail Local Housing Authority recommend the Vail Town Council adopts
Resolution No. 29, Series of 2016, as presented.
6.2. Ordinance No. 23, Series 2016, First Reading, An Ordinance to Amend 15 min.
Section 12-13-5, Employee Housing; Employee Housing Unit Deed
Restriction Exchange Program (Exchange Program), Section 12-23-6,
Commercial Linkage; Methods of Mitigation, and Section 12-24-6,
Inclusionary Zoning; Methods of Mitigation, Vail Town Code, Concerning the
Payment of Fees in Lieu of Providing Employee Housing and Setting Forth
Details in Regard Thereto.
Presenter(s): Alan Nazzaro, Housing Manager
Action Requested of Council: Town Council accept the recommendations
from PEC and VLHA and approve the Ordinance No. 23 as written.
Background: In February of 2016, the Town Council requested background
information and began discussions on how the Town of Vail calculates its
annual fee in lieu for mitigation of employee housing impacts (Vail Town
Code Sections 12-23, 12-24) and the Employee Housing Unit (EHU)
Exchange Program (Section 12-13-5). Several work sessions have been
held since then, including a joint work session with the Vail Local Housing
Authority (VLHA) to determine what changes could be made to improve
performance towards meeting the goals of the program. The VLHA made
recommendations and the PEC concurred with those recommendations.
Staff Recommendation: The Community Development Department
September 6, 2016 - Page 2 of
recommends approval to the Town Council of Ordinance No. 23, Series of
2016, amending Section 12-13-5, Employee Housing, Section 12-23-6,
Commercial Linkage, and Section 12-24-6, Inclusionary Zoning,
concerning the payment of Fees in Lieu.
6.3. Ordinance No. 24, Series 2016, First Reading, An Ordinance Amending 15 min.
Sections of Chapter 2 in the Vail Town Code to Update the Investment
Policy for the Town of Vail
Presenter(s): Kathleen Halloran, Finance Director
Action Requested of Council: Approve or approve with amendments
Ordinance No. 21, Series 2016
Background: The town's investment policy has not been updated in over 15
years. The proposed ordinance will update the policy to slightly broaden
categories of investments that the town is allowed to participate in, as well as
make administrative updates.
Staff Recommendation: Approve or approve with amendments Ordinance
No. 24, Series 2016
6.4. Ordinance No. 25, Series of 2016, First Reading, An Ordinance Amending 20 min.
Sections 10-1-2, 10-1-3 and 14-10-5 of the Vail Town Code Related to
Wildland Fire Resistant Building Practices
Presenter(s): Jonathan Spence, Planner
Action Requested of Council: The Vail Town Council shall approve, approve
with modifications, or deny Ordinance No. 25, Series of 2016 upon first
reading.
Background: The purpose of these amendments is to relocate language
concerning technical matters related to roofing to the Building Code while
maintaining design related matters within the Design Standards. In addition,
the amendments clarify allowable roofing materials, proposes a reduction in
allowable roof repairs of nonconforming roofs before the requirement that a
roof be replaced in its entirety is triggered and encourages the use of
ignition resistant building materials.
Staff Recommendation: The Building and Fire Code Appeals Board, the
Community Development Department and the Vail Fire Department
recommend the Vail Town Council approve Ordinance No. 25, Series of
2016 upon first reading.
7. Public Hearings
7.1. Ordinance No. 20, Series of 2016 - Second Reading, An Ordinance 5 min.
Repealing and Reenacting Ordinance No. 11, Series 1990, Establishing
Special Development District No. 24, Warner Development, Pursuant to
Article A, Special Development (SDD) District, Chapter 9, Title 12, Zoning
Regulations, Vail Town Code and Setting Forth Details in Regard Thereto
Presenter(s): Matt Panfil, Planner
Action Requested of Council: Table Ordinance No. 20, Series of 2016 to the
September 20, 2016 Town Council meeting.
Background: When SDD No. 24, Warner Development, was approved in
1990, the subject property deviated from the underlying Two -Family
Primary/Secondary Residential (PS) District in regards to gross residential
floor area (GRFA) and site coverage. As part of the approval it was
conditioned that the indoor pool area permanently be restricted to use as a
pool. In 2004, changes were made to the Vail Town Code with regard to the
calculation of GRFA resulting in the subject property now having an excess
amount of allowable GRFA.
September 6, 2016 - Page 3 of
Staff Recommendation: Table Ordinance No. 20, Series of 2016 to the
September 20, 2016 Town Council meeting.
8. Adjournment
8.1. Adjournment 8:20 p.m.
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
www.vailgov.com. All town council meetings will be streamed live by Public Access Television Channel 5 and
available for public viewing as the meeting is happening. The meeting videos are also posted to Channel 5 website
the week following meeting day, www.publicaccess5.org.
Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48
hour notification. Please call 970-479-2356, Telecommunication device for the deaf (TDD) for information.
September 6, 2016 - Page 4 of
TOWN OF VAIP
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Proclamation No. 5, Series of 2016, Recognizing Dr. Thomas I. Steingberg as the
first recipient of Vail's Trailblazer Award
PRESENTER(S): Dave Chapin, Mayor
ACTION REQUESTED OF COUNCIL: Request the proclamation is read and approved.
BACKGROUND: Vail's Trailblazer Award was created as a legacy project during the town's 50th
Birthday Party Celebration and given to Dr. Thomas I. Steinberg during a luncheon for dignitaries
and recognized during the festivities of the birthday party at Donovan Pavilion. The award
recognizes those who have made long standing contributions to the community and will be
awarded on an annual basis by the Vail Town Council.
ATTACHMENTS:
Description
Proclamation No. 5, Series of 2016
September 6, 2016 - Page 5 of
VAI L
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PROCLAMATION NO. 5, SERIES OF 2016
IN RECOGNITION OF VAIL'S TRAILBLAZER AWARD RECIPIENT
DR. THOMAS I. STEINBERG
WHEREAS, the Town of Vail recently celebrated its 501h birthday of incorporation as a
municipality on August 23, 2016 with numerous festivities involving former and present
dignitaries who attended a luncheon at Pepi's; the unveiling of a new monument boulder at
Mayors Park, and the birthday party celebration at Donovan Pavilion in which hundreds of
community members and children attended to enjoy music, activities and 1,000 birthday
cupcakes;
WHEREAS, the Vail Town Council wanted to recognize an individual that exemplifies the
spirit and fortitude in making Vail a great community through selfless contributions of time and
talent which have made a lasting impact; and to honor this person with a civic award to be given
during this time of celebration, the "Vail Trailblazer Award";
WHEREAS, Dr. Thomas I. Steinberg moved to Vail in 1965 to serve as the first full-time
doctor, arriving with his wife, Florence, and their two young children, Kristina and Erik. As a
new ski town, there were no medical facilities so he set up his practice in the Mill Creek
Building, bringing his own medical and lab equipment and a commitment to serve the
community with "real frontier medicine" early on;
WHEREAS, Dr. Thomas I. Steinberg practiced for 25 years and his long-term involvement
with Vail Valley Medical Center helped them establish Vail's first hospital and eventually helped
them pave the way to provide the most modern mountain healthcare in the world;
WHEREAS, in 1968 Dr. Thomas I. Steinberg was elected to his first term on the Vail Town
Council, and served the longest tenure as one of Vail's elected officials, a total of 19 years; he
was instrumental in helping Vail acquire land to be used for parks and open space, including the
most notable Ford Park, the development of a comprehensive hiking system, with the Vail Trail
as its first leg, and for creating awareness on many environmental initiatives;
NOW, THEREFORE, be it proclaimed to the community by the Vail Town Council, the first
recipient of the Vail Trailblazer Award is Dr. Thomas I. Steinberg, a man who has demonstrated
over the past 50 years his courage, leadership, vision and commitment to enhance Vail's social,
recreational, cultural, educational and environmental values that define this community, this is
our tribute to you as we extend our sincere appreciation for your passion and contributions to
the betterment of the Town of Vail and broader community.
Dated this 6th day of September 2016.
Vail Town Council Attest:
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Dave Chapin, Mayor Patty McKenny, Town Clerk
September 6, 2016 - Page 6 of
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Minutes from August 2, 2016 meeting
ATTACHMENTS:
Description
Minutes from August 2, 2016 meeting
TOWN OF VAIP
September 6, 2016 - Page 7 of
Vail Town Council Meeting Minutes
Tuesday, August 2, 2016
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present:
Member absent:
Staff members present
Citizen Participation
Dave Chapin, Mayor
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Jenn Bruno, Mayor Pro Tem
Stan Zemler, Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Deputy Town Clerk
Laurie Assmussen, Donovan Pavilion Management, Inc., shared that she emailed the Town
Council the company's financial reports apologizing for any confusion.
2. Proclamations
2.1. Proclamation No. 4, Series of 2016, In Recognition of Vail's 50th Birthday Celebration
Presenter(s): Dave Chapin, Mayor
Town Council members each read a section of the proclamation and Mayor Chapin invited the
community to join them on August 23, 2016 to celebrate the Town's 50th Birthday.
2. Any action as a result of executive session
No action was taken.
4. Consent Agenda
4.1. Resolution No. 24, Series of 2016, A Resolution Authorizing the Town of Vail To Grant a
Utility/Access Easement to Holy Cross Energy; and Setting Forth Details in Regard Thereto
Background: Holy Cross Energy (HCE) currently has infrastructure in the Manns Ranch Road
Right -of -Way fronting Booth Creek Park. An updated electrical service is required for the
redevelopment of Booth Creek Park. There is insufficient space within the Right -of Way to
locate the required electrical transformer. In order to provide HCE with the rights to have buried
powered lines within Booth Creek Park, the existing easement needs to be updated. Attached is
a copy of the new easement that should be granted to HCE to allow for the buried power lines.
Town Council Meeting Minutes of August 2, 2016 Page 1
September 6, 2016 - Page 8 of
4.2. Resolution No. 25, Series of 2016, A Resolution Approving an Intergovernmental
Agreement Concerning Authorization for Law Enforcement Services Within Unincorporated
Eagle County, the Town of Gypsum and the Town of Minturn; and Setting Forth Details in
Regard Thereto
Background: The Eagle County Sheriffs department wishes to set forth the circumstances under
which the Town of Vail Police Department may perform law enforcement functions and enforce
the state's statutes within unicorporated Eagle County, the corporate boundaries of the Town of
Gypsum and the corporate boundaries of the Town of Minturn.
Moffet moved to approve the items listed on the consent agenda; Foley seconded the motion
and it passed (6-0).
5. Town Manager Report
5.1. Homestead Exemption for Residents Update
Background: Review ability to impose a homestead exemption which would be applied to
property tax collections. Town Attorney Matt Mire explained if there was a decision to move
forward with this effort, there would need to be a ballot question presented to the voters.
5.2. Increase in Lift Ticket Tax Memorandum
Background: Review relevant election dates and proposed ballot question about increase in the
lift ticket tax. Town Manager Stan Zemler presented some timelines related to an election and
the process for which to present a ballot proposal. There was consensus to draft ballot
language which would include a 4% lift tax increase and return with a timeline for a coordinated
election.
5.3. Transportation Alternative Program Grant Memorandum
Background: Update on Vail's TAP grant application submitted to CDOT for the Vail Transit Bus
Stop Enhancement Project. Staff presented some of the details of the project that would
address the creation of a "new bus rapid transit route" between West Vail and Vail Town Center
as well as some pedestrian improvements. There was some feedback that the project was very
costly.
5.4. Sales Tax Rebate Follow-up
Background: Review ability to rebate sales tax to full time year-round residents and related
financial impacts. Town Manager suggested this topic be included as part of the 2017 budget
discussion and there was consensus to schedule the topic at that time.
6. Action Items
6.1. Selection of Contractor for Operational Management of Welcome Centers/Host Program
Presenter(s): Suzanne Silverthorn, Director of Communications
Action Requested of Council: Solicit public comment and provide the due diligence needed to
direct the staff to prepare a contract for operation of the Vail Welcome Centers and Community
Town Council Meeting Minutes of August 2, 2016 Page 2
September 6, 2016 - Page 9 of
Host Program beginning October 1, 2016 with the firm best qualified to leverage the Town's
resources to fulfill its stated goal of delivering a five-star customer experience. The term of this
contact shall be for one year with the opportunity to renew the contract for an additional two
years based on exceptional performance.
Background: On May 19, 2016, the Town of Vail issued a request for proposals for management
of its Welcome Centers, the Volunteer Community Host Program and Guest Welcome Services
Program. The three firms responding to the RFP (in alphabetical order) -- Colorado Activity
Centers, Inc., Donovan Pavilion Management, Inc. and Vail Info Inc. -- have been forwarded to
the final round which includes preparation of a written business plan and interviews with the
Town Council. The current service contract for management of the Welcome Centers/Host
Program expires on September 30, 2016.
Silverthorn, Communication Director, reviewed the overall process for this selection process
noting the interviews were conducted during the afternoon session. There was public comment
from Joe Holts, current volunteer, who expressed support for Vail Info, Inc. There was council
feedback about the interviews, summarized as follows:
✓ Excellent proposals although different strengths and weaknesses with each vendor.
✓ Looking for innovation and fresh energy and vendor who understands and knows the
community.
Moffet moved to award the Welcome Center Operations contract to Vail Info, Inc.; Foley
seconded the motion and the vote resulted in a tie (3-3; Chapin, Foley, Moffet — yea; Cleveland,
Langmaid, Mason — nay). Cleveland moved to table the decision to the August 16, 2016
meeting when all seven members would be present; Moffet seconded the motion and it passed
(6-0).
6.2. Ordinance No. 18, Series of 2016, An Ordinance Repealing and Reenacting Chapter 11 of
Title 5 of the Vail Town Code, Concerning Abatement of Diseased Trees and Wildfire Fuels
Presenter(s): Mark Novak, Fire Chief
Background: Ordinance No. 18 revises the current Mountain Pine Beetle and Wildfire Fuels
Reduction ordinance to include all forest pathogens, amend the definition of wildfire fuels and
reassign responsibility for this section of code from Public Works to the Fire Department.
There was no public comment on this topic. Moffet moved to approve Ordinance No. 18, Series
of 2016, An Ordinance Repealing and Reenacting Chapter 11 of Title 5 of the Vail Town Code,
Concerning Abatement of Diseased Trees and Wildfire Fuels; Foley seconded the motion and it
passed (6-0).
6.3. Ordinance No. 19, Series of 2016, First Reading, An Ordinance Amending Article B,
Chapter 3, Title 4 of the Vail Town Code to Create a New Section Relating to the Private Use of
Vehicle Immobilizers
Presenter(s): Matt Mire, Town Attorney
Town Council Meeting Minutes of August 2, 2016 Page 3
September 6, 2016 - Page 10
Background: The use of vehicle immobilization devices, or "boots," is a practice being employed
by private property owners to enforce parking violations and in some circumstances payment in
their lots as an alternative, or in addition, to the use of towing. Without state or local regulation,
there is an increased opportunity for fraudulent and predatory booting practices that negatively
impact the Town's citizens. The Town Council finds that private booting, so long as it remains
unregulated, presents an appreciable risk to public safety and to property. As such, the Town
Council, pursuant to its authority to protect and secure the public health, safety and welfare of
its citizens, desires to prohibit the use of vehicle immobilization devices in the Town.
There was discussion about towing and booting and what charges would be assessed, the
appeal process, and suggestions to require more information about the booting company to
release the boots. Public input was heard by the Evergreen Lodge who expressed support of
booting in their parking lot during the winter to handle parking violators. Moffet moved to
approve Ordinance No. 19, Series of 2016, First Reading, An Ordinance Amending Article B,
Chapter 3, Title 4 of the Vail Town Code to Create a New Section Relating to the Private Use of
Vehicle Immobilizers with suggested changes about the operations of booting companies.
Langmaid seconded the motion and it passed (4-2; Chapin, Langmaid, Mason, Moffet — yea;
Cleveland, Foley — nay).
6.4. Phase 3 Design Development Review of the Vail Wayfinding Project, including the
Roundabouts, Street name signs and Village Directories. Contract award of the roundabout
signs
Presenter(s): Greg Hall, Director of Public Works
Action Requested of Council: The Vail Town Council is asked to review the Design
Development Package as presented and provide direction and approval with the various
components of the package to move the project toward implementation. The next steps would
be the creation of construction documents and sign fabrication solicitation. Award the
roundabout sign replacement contract.
Background: The Town Council has reviewed over the past 4 years incremental implementation
of the wayfinding package with 2 of 3 phases complete. During the last review, there was
support from the then -sitting council to improve the street name signs in Vail both along the
frontage roads as well as outlying neighborhoods. In addition, by contracting the services of
Resort App, a new digital map will be created to be used in all digital, print and sign
applications. As such, the town will be able to complete the directory portion of the wayfinding
project.
There was discussion about amount of signage to use, request to recycle old signs, and the
ability to use the resort application to inform locals of parking structure vacancies. Moffet
moved to approve the Phase 3 Design Development Review of the Vail Wayfinding Project,
including the Roundabouts, Street name signs and Village Directories and to award the contract
of the roundabout signs; Foley seconded the motion and it passed (6-0).
Town Council Meeting Minutes of August 2, 2016 Page 4
September 6, 2016 - Page 11
7. Public Hearings
7.1. Ordinance No. 17, Series of 2016, Second Reading, An Ordinance Amending Title 7,
Chapter 3, Articles C and D of the Vail Town Code to Increase the Penalties for Certain Parking
Violations
Presenter(s): Jeff Campbell, Code Enforcement Officer
Background: The Town of Vail Code Enforcement Officers often encounter vehicles whose
owners have had previous citations within relatively short periods of time and for similar if not
identical offenses. Ordinance No. 17, Series of 2016 adds an escalating scale of fines for
repeat offenders. This ordinance will help to improve guest experiences by making more parking
spaces available through changing the behavior of those drivers that repeatedly violate time -
restricted and prohibited parking areas.
Staff noted there were no changes to the ordinance from first reading. Moffet moved to approve
Ordinance No. 17, Series of 2016, Second Reading, An Ordinance Amending Title 7, Chapter 3,
Articles C and D of the Vail Town Code to Increase the Penalties for Certain Parking Violations.
Foley seconded the motion and it passed (6-0). There was no public comment on this topic.
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Foley seconded the motion which passed (6-0) and the meeting adjourned at
8:05 p.m.
Respectfully Submitted,
Attest:
Dave Chapin, Mayor
Tammy Nagel, Deputy Town Clerk
Town Council Meeting Minutes of August 2, 2016
Page 5
September 6, 2016 - Page 12
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Minutes from August 16, 2016 meeting
ATTACHMENTS:
Description
Minutes from August 16, 2016 meeting
TOWN OF VAIP
September 6, 2016 - Page 13
Vail Town Council Meeting Minutes
Tuesday, August 16, 2016
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present: Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Staff members present: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
1. Citizen Participation
Public comments were heard as follows::
1. Vicki Kalowski expressed concern about inadequate signage in their commercial area near
Corcoran Dentistry & Chicago Pizza on the South Frontage Road due to the 1-70
construction project; she requested an additional sign be placed somewhere that informs the
public the local business access is open.
2. Michael Cacioppo suggested attracting a pickleball group with Vail hosting a tournament to
continue to attract an existing market of visitors.
2. Any action as a result of executive session
None at this time
3. Consent Agenda
3.1. Minutes from July 5, 2016 meeting
Foley moved to approve July 5, 216 minutes; Bruno seconded the motion and it passed (7-0).
3.2. Minutes from July 19, 2016 meeting
Foley moved to approve July 19, 2016 minutes; Bruno seconded the motion and it passed (7-0).
3.3. Slifer Square Repairs Project - Design Contract Award
Presenter(s): Chad Salli
Background: Slifer Square Repairs project includes water quality improvements, storm sewer
repairs, snowmelt main replacement and reconstruction of the fountain. The Town issued a
Request for Proposals in July for the design of this project. Three proposals were received,
Brightview Design Group, Zehren and Associates and Norris Design. After a thorough review of
the proposals, staff recommends awarding the design contract to Brightview Design Group, in
the amount of $108,315.00. This is within the design phase budget and scheduled for a
spring/fall 2017 construction.
Town Council Meeting Minutes of August 16, 2016 Page 1
September 6, 2016 - Page 14
There was brief discussion about the timeline of the project; staff noted the bids & utility work
would be completed in the spring, no work during the summer, and the construction would be
completed fall 2017. Foley moved the Town Council authorize the Town Manager to enter into
an agreement, in a format approved by the Town Attorney, with Brightview Design Group in an
amount not to exceed $108,315.00 to complete the Slifer Square Repairs Project; Bruno
seconded the motion and it passed (7-0).
4. Town Manager Report
Town Manager noted that next Tuesday is Vail 501h birthday and festivities to begin at 4 pm
Donovan Pavilion and the community is invited to attend.
5. Action Items
5.1. Discussion about proposed lift tax ballot question (Public input is welcome on this topic)
Presenter(s): Stan Zemler, Town Manager, Matt Mire, Town Attorney
Action Requested of Council: Request direction about proposed lift tax ballot August 16, 2016
Question and amount of rate increase.
Background: Discussion about proposed ballot language addressing an increase in the ski area
lift ticket admissions tax. Public input is welcome on this topic.
Proposed Ballot Language:
SHALL THE TOWN OF VAIL SKI AREA LIFT TICKET ADMISSIONS TAX BE INCREASED BY
$ IN THE FIRST FISCAL YEAR AND BY WHATEVER ADDITIONAL AMOUNTS ARE
RAISED ANNUALLY THEREAFTER BY THE IMPOSITION OF AN ADDITIONAL TAX OF 4%,
COMMENCING JANUARY 1, 2017 AND CONTINUING THEREAFTER, SO THAT THE TOTAL LIFT
TICKET ADMISSIONS TAX IS 8%, WITHOUT MODIFYING THE MANNER IN WHICH SUCH TAX IS
ASSESSED OR COLLECTED OR THE PRIVILEGES SUBJECT TO SUCH TAX; WITH ALL REVENUES
COLLECTED, RETAINED AND EXPENDED FOR SUCH TAX TO BE USED FOR GENERAL TOWN
PURPOSES; AND SHALL ALL SUCH REVENUES BE COLLECTED, RETAINED AND EXPENDED AS
A VOTERAPPROVED REVENUE CHANGE NOTWITHSTANDING ANY RESTRICTION UNDER
ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW?
Town Attorney provided brief background on the topic outlined in the memo. Mayor Chapin
accepted public input at this time with comments as follows:
■ Stephen Connelly, resident, asked if the tax were passed which fund would own the monies;
he requested that the question address dedicating the funds to specific expenditures, such
as parking and housing, as it might be more acceptable to the voters.
■ Susie Tjossem, resident, expressed concern about the what little public process has been
held on the topic, more study is needed, VRI is a great partner, be careful of unintended
consequences, and requested the town not move forward with a tax increase at this time.
■ Andy Daly, resident, former Mayor and President of Vail Resorts, shared his perspective that
this topic of parking deserves attention from the partnership of the town and the ski
company. Acceptable solutions must be developed by both entities, more public process
should occur, must be a thought plan addressing specific problem areas.
■ Chris Jarnot, Vail Resorts, Inc., Chief Operating Officer made several comments as follows:
✓ Acknowledged others attending on behalf of VRI.
✓ Acknowledged the need to proactively reconnect with Town of Vail on matters of interest
and concern; this lift tax increases topic has gotten the company's attention and he
expressed his personal commitment to work together.
✓ Read a letter from VRI into the record which addressed multiple aspects of "parking".
Town Council Meeting Minutes of August 16, 2016 Page 2
September 6, 2016 - Page 15
✓ Acknowledged that the Lionshead parking structure has been challenged in meeting
parking demands, probably due to various reasons.
✓ Requested that a "working group be identified to partner to solve the problems, with both
short term and long term plans to address the parking.
✓ Spoke about the commitment from VRI to help fund future parking needs in the amount
of $4.3M.
✓ Requested monthly meetings with Mayor and Town Manager and apologized for the fact
that they were not engage earlier on topics of mutual concern.
✓ Spoke about another topic of concern, workforce housing that also needs to be
addressed in Vail and regionally.
Mayor Chapin thanked those who gave public input. Council comments were heard at this time
with some highlights as follows:
➢ Topic was raised in light of activity at other ski areas owned by VRI, Park City, Breckenridge,
and Whistler.
➢ Bond market is ideal at this time.
➢ The increase in tax should fund specific expenditures related to parking and housing
➢ Now is the time to work with all of Vail's stakeholders to improve the quality of life for
residents related to parking and housing because no one can solve the problems solely.
➢ Let this environment serve as notice that is time for all to engage on these topics that
continually are raised by the community as problem areas. It is time to develop some goals
to solve the problems.
➢ The relationship between TOV and VRI has been good in the past, but lately has been a
quiet relationship with not much cooperation or proactive problem solving, it is time for a re-
engagement.
Chapin summarized the outcome of this effort was to get everyone's attention; it is time for the
town and VRI's commitment to meeting frequently to discuss matters of concern, including
parking and housing. The groups must discuss and develop a plan that describes actions and
deliverable dates that is communicated to the public. Chapin was not in favor of the proposal
and there was consensus from the council members not to move this topic forward to a ballot
proposal.
5.2. Resolution No. 26, Series of 2016, A Resolution Approving an Intergovernmental
Agreement Between the Town of Vail and Eagle County Concerning the Administration and the
Conduct of Eagle County's Coordinated Election on November 8, 2016 and Setting Forth
Details in Regard Thereto
Presenter(s): Matt Mire, Town Attorney
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 26,
Series of 2016.
Background: The Resolution approves an Intergovernmental Agreement with Eagle County for
the Clerk and Recorder's Office to provide services related to the administration and conduct of
the November 8, 2016 General Election. The election is conducted as a mail ballot election.
Moffet moved to deny Resolution No. 26, Series of 2016, A Resolution Approving an
Intergovernmental Agreement Between the Town of Vail and Eagle County Concerning the
Administration and the Conduct of Eagle County's Coordinated Election on November 8, 2016
and Setting Forth Details in Regard Thereto. Foley seconded the motion and it passed (6-1;
Town Council Meeting Minutes of August 16, 2016 Page 3
September 6, 2016 - Page 16
Cleveland nay). Cleveland had asked that VRI consider immediately releasing the $4.3 M
pledged funds to the Town of Vail to be used for parking solutions.
5.3. Selection of Contractor for Management of Vail Welcome Centers/Host Program
Presenter(s): Suzanne Silverthorn, Director of Communications
Action Requested of Council: Solicit public comment and provide the due diligence needed to
direct the staff to prepare a contract for operation of the Vail Welcome Centers and Community
Host Program beginning October 1, 2016 with the firm best qualified to leverage the Town's
resources to fulfill its stated goal of delivering a five-star customer experience. The term of this
contract shall be for one year with the opportunity to renew the contract for
an additional two years based on exceptional performance.
Background: On May 19, 2016, the Town of Vail issued a request for proposals for management
of its Welcome Centers, the Volunteer Community Host Program and Guest Welcome Services
Program. The three firms responding to the RFP (in alphabetical order) — Colorado Activity
Centers, Inc., Donovan Pavilion Management, Inc. and Vail Info Inc. — were forwarded to the
final round which included preparation of a written business plan and interviews with the Town
Council on August 2, 2016. The current service contract for management of the Welcome
Centers/Host Program expires on September 30, 2016.
Silverthorn presented a brief recap of the last meeting discussion noting there was a tie vote on
the decision to select the contractor who would run the Town's Welcome Centers, thus the item
was back for consideration. Chapin opened public input at this time:
■ Lori Assmussen, applicant, owner of Donovan Pavilion Management, Inc., thanked council
for their consideration of her proposal and appreciated the opportunity to participate in the
process; she expressed her commitment to providing exception services noting her long —
term relationship with the Town of Vail.
■ Warren Baker, employee of Vail Info, expressed support of the company for continuing to
provide services on behalf of the Town.
■ Bobby Bank, owner Vail Info, Inc., shared his comments about the RFP process noting it
was a good process, and that his company continues to provide better services each year,
and his desire to continue working in this capacity for the Town.
The Town Council members provided some input at this time:
✓ Thanked community members for their input on the topic
✓ The decision must be based on a business perspective
✓ Consider other alternatives to operating the Welcome Centers
✓ The current proposals did not meet the needs of the town
✓ The town is not equipped to manage the facilities as it is not a part of a municipal business
model
Langmaid moved to not accept any of the proposals at this time; Bruno seconded the motion
and it passed (4-3; Bruno, Chapin, Cleveland, Langmaid, Mason — yea; Moffet, Foley — nay).
Council direction was given to the Town Manager to develop other proposal that would include
in-house oversight and operations of the Welcome Centers.
5.4. Resolution No. 27, Series of 2016, a Resolution stating the value of public lands to the
Town of Vail's economy, recreation, heritage, and quality of life, and supporting continued
federal ownership of federal public lands, and setting forth details in regard thereto.
Town Council Meeting Minutes of August 16, 2016 Page 4
September 6, 2016 - Page 17
Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager
Action Requested of Council: Staff requests the Vail Town Council consider the approval,
approval with modifications, or denial of Resolution No. 27, Series of 2016.
Background:
At the request of the Vail Town Council, staff proposes for adoption Resolution No. 27, Series of
2016, in opposition of the transfer of ownership of federal public lands to the states.
Staff Recommendation: Staff recommends the Vail Town Council approve Resolution No. 27,
Series of 2016.
There was some discussion about the resolution as too ambiguous which raises more
questions, and written too appease a fringe group following the topic. Staff clarified that the
resolution written was a template used by many other governing bodies. Chapin accepted
public input from Cacioppo who commented that the USFS works for the community. Langmaid
suggested the resolution wasn't meant to create animosity amongst the members but rather as
a simple message that would not support trading federal lands to state ownership. Langmaid
moved to approve Resolution No. 27, Series of 2016, a Resolution stating the value of public
lands to the Town of Vail's economy, recreation, heritage, and quality of life, and supporting
continued federal ownership of federal public lands, and setting forth details in regard thereto.
Foley seconded the motion and it passed (4-3; Cleveland, Foley, Langmaid, Mason — aye;
Bruno, Chapin, Moffet — nay).
5.5. Ordinance No. 20, Series of 2016 - First Reading, An Ordinance Repealing and Reenacting
Ordinance No. 11, Series 1990, Establishing Special Development District No. 24, Warner
Development, Pursuant to Article A, Special Development (SDD) District, Chapter 9, Title 12,
Zoning Regulations, Vail Town Code and Setting Forth Details in Regard Thereto
Presenter(s): Matt Panfil, Planner
Action Requested of Council: To approve an amendment to SDD No. 24, Warner Development,
to remove Section 5, Item 3 requiring the indoor pool area on the subject property to be
permanently restricted to use a pool.
Background: When SDD No. 24, Warner Development, was approved in 1990, the subject
property deviated from the underlying Two -Family Primary/Secondary Residential (PS) District
in regards to gross residential floor area (GRFA) and site coverage. As part of the approval it
was conditioned that the indoor pool area permanently be restricted to use as a pool. In 2004,
changes were made to the Vail Town Code with regard to the calculation of GRFA resulting in
the subject property now having an excess amount of allowable GRFA.
Matt Panfil presented information about the Ordinance addressing the SDD No. 24. There was
some discussion about the need to review the current deed restrictions for the units; there were
comments made that the units must be required to be rented and that requirement is not now
fully stated in the SDD. Public comment was heard from Debra Webster, 1825 Sunburst Drive,
who noted their unit has always been rented but the other 2 units have never been rented. No
other public comment was given. There was council consensus to request the three existing
units get updated deed restrictions. Staff would continue to work with the applicant on the
request.
Town Council Meeting Minutes of August 16, 2016 Page 5
September 6, 2016 - Page 18
Moffet moved to approve Ordinance No. 20, Series of 2016 - First Reading, An Ordinance
Repealing and Reenacting Ordinance No. 11, Series 1990, Establishing Special Development
District No. 24, Warner Development, Pursuant to Article A, Special Development (SDD)
District, Chapter 9, Title 12, Zoning Regulations, Vail Town Code and Setting Forth Details in
Regard Thereto, and based upon the review of the criteria outlined in Section VII of the Staff
memorandum to the Planning and Environmental Commission dated August 8, 2016 and the
evidence and testimony presented, the Vail Town Council finds:
1. That the special development district amendment complies with the standards listed in Article 12-
9A, Special Development District, or that a practical solution consistent with the public interest has
been achieved;
2. That the special development district amendment is consistent with the adopted goals, objectives
and policies outlined in the Vail comprehensive plan and compatible with the development objectives
of the town;
3. That the special development district amendment is compatible with and suitable to adjacent uses
and appropriate for the surrounding areas; and
4. That the special development district amendment promotes the health, safety, morals, and general
welfare of the town and promotes 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."
5. As a result of the 2004 changes to GRFA calculations, the subject property complies with current
GRFA regulations
Bruno seconded the motion and it passed (6-1; Foley — nay).
6. Public Hearings
6.1. Ordinance No. 18, Series of 2016, Second Reading, An Ordinance Repealing and
Reenacting Chapter 11 of Title 5 of the Vail Town Code, Concerning the Abatement of Diseased
Trees and Wildfire Fuels
Presenter(s): Mark Novak, Fire Chief
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 18,
Series of 2016 on second reading.
Background: Ordinance No. 18 revises the current Mountain Pine Beetle and Wildfire Fuels
Reduction ordinance to include all forest pathogens, amends the current definition of wildfire
fuels and reassigns responsibility for this section of code from Public Works to the Fire
Department.
Fire Chief Mark Novak commented on several questions addressing the 1) appeal process,
2) how the policy will be coordinated amongst departments, 3) the abatement process
guidelines, and 4) how the public will be notified. . There was a summary of the changes to the
Code outlined in the council packet materials.
Moffet moved to approve Ordinance No. 18, Series of 2016, Second Reading, An Ordinance
Repealing and Reenacting Chapter 11 of Title 5 of the Vail Town Code, Concerning the
Abatement of Diseased Trees and Wildfire Fuels. Foley seconded the motion and it passed
(7-0). There were no comments on this topic.
6.2. Ordinance No. 19, Series of 2016, Second Reading, An Ordinance Amending Article B,
Chapter 3, Title 4 of the Vail Town Code to Create a New Section Relating to the Private Use of
Vehicle Immobilizers
Presenter(s): Matt Mire, Town Attorney
Town Council Meeting Minutes of August 16, 2016 Page 6
September 6, 2016 - Page 19
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 19,
Series of 2016 upon second reading.
Background: The use of vehicle immobilization devices, or "boots," is a practice being employed
by private property owners to enforce parking violations and in some circumstances payment in
their lots as an alternative, or in addition, to the use of towing. Without state or local regulation,
there is an increased opportunity for fraudulent and predatory booting practices that negatively
impact the Town's citizens. The Town Council finds that private booting, so long as it remains
unregulated, presents an appreciable risk to public safety and to property. As such, the Town
Council, pursuant to its authority to protect and secure the public health, safety and welfare of
its citizens, desires to prohibit the use of vehicle immobilization devices in the Town.
Town Attorney presented the ordinance for second reading noting the inclusion of requirements
related to booting operations. There were no public comments on this topic. Moffet moved to
approve Ordinance No. 19, Series of 2016, Second Reading, An Ordinance Amending Article B,
Chapter 3, Title 4 of the Vail Town Code to Create a New Section Relating to the Private Use of
Vehicle Immobilizers. Cleveland seconded the motion and it passed (8-0).
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at
7:50 p.m.
Respectfully Submitted,
Attest:
Dave Chapin, Mayor
Patty McKenny, Town Clerk
Town Council Meeting Minutes of August 16, 2016
Page 7
September 6, 2016 - Page 20
TOWN OF VAIP
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Construction Contract for anew picnic shelter at Donovan Park
BACKGROUND: The project is included in the 2016 RETT budget. The town received two bids
for the project. The low bid by R.A. Nelson is within the existing budget. With approval, work will
begin in mid-September with anticipated completion by mid-November.
STAFF RECOMMENDATION: Staff recommends approval of the Construction Agreement
ATTACHMENTS:
Description
Memorandum
September 6, 2016 - Page 21
0
rowN of vain
Memorandum
To: Vail Town Council
From: Department of Public Works
Date: September 6, 2016
Subject: Donovan Park Picnic Shelter Construction Contract
I. BACKGROUND
A new picnic shelter for Donovan Park was budgeted in 2015. Funds were re -appropriated
by the town council in early 2016 for design and construction of the shelter. All required DRB
and PEC approvals have been completed, and the project was put out to bid in late July.
The Town received two bids for the work:
R.A. Nelson $ 274,658.18
Icon, Inc. $ 340,027.07
The R.A. Nelson bid falls within the existing budget for this project.
II. ACTION REQUESTED BY COUNCIL
Staff is requesting that the Town Council direct the Town Manager to enter into a
Construction Contract with R.A. Nelson LLC in the amount of $274,658.18.
III. STAFF RECOMMENDATION
Staff recommends approval of the Construction Contract. With approval, work will begin on
or around September 12 with anticipated completion by mid-November. Some landscape
work may be completed in the spring of 2017, depending on the weather.
September 6, 2016 - Page 22
TOWN OF VAIP
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Bus/Vehicle Wash Construction Contract
BACKGROUND: Anew Bus/Vehicle Wash for the transit buses and Town fleet was budgeted in
2016. The project was put out to bid in July and bids were opened on August 11.
ATTACHMENTS:
Description
Bus/Vehicle Wash Construction Contract Memorandum
September 6, 2016 - Page 23
0
rowN of vain
Memorandum
To: Vail Town Council
From: Department of Public Works
Date: September 6, 2016
Subject: Bus/Vehicle Wash Construction Contract
I. BACKGROUND
A new Bus/Vehicle Wash for the transit buses and Town fleet was budgeted in 2016. The
project was put out to bid in July and bids were opened on August 11.
The Town received three bids for the work:
NS Wash Corp. $ 164,485.00
Interclean Inc. $ 204,108.60
Westmatic Corp. $ 233,559.00
The NS Wash bid falls within the existing budget for this project.
II. ACTION REQUESTED BY COUNCIL
Staff is requesting that the Town Council direct the Town Manager to enter into a
Construction Contract with NS Wash Corp. in the amount of $164,485.00.
III. STAFF RECOMMENDATION
Staff recommends approval of the Construction Contract. With approval, work will begin in
October with anticipated completion by mid November.
September 6, 2016 - Page 24
TOWN OF VAIP
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Vail Transportation Center Generator Construction Contract
BACKGROUND: Anew generator for the Vail Transportation Center was budgeted in 2015.
Funds were re -appropriated by the town council in early 2016 for the replacement of the existing
generator. The project was put out to bid in July and bids were opened on August 11, 2016.
ATTACHMENTS:
Description
Vail Transportation Center Generator Construction Contract Memorandum
September 6, 2016 - Page 25
0
rowN of vain
Memorandum
To: Vail Town Council
From: Department of Public Works
Date: September 6, 2016
Subject: TRC Generator Construction Contract
I. BACKGROUND
A new generator for the Vail transportation center was budgeted in 2015. Funds were re -
appropriated by the town council in early 2016 for the replacement of the existing generator.
The project was put out to bid in July and bids were opened on August 11.
The Town received three bids for the work:
CE & Power Systems $ 159,480.00
R & A Enterprises $ 184,461.00
Tri Phase Electric $ 198,990.00
The CE & Power Systems bid falls within the existing budget for this project.
II. ACTION REQUESTED BY COUNCIL
Staff is requesting that the Town Council direct the Town Manager to enter into a
Construction Contract with CE & Power Systems in the amount of $159,480.00.
III. STAFF RECOMMENDATION
Staff recommends approval of the Construction Contract. With approval, work will begin the
around the first week of November with anticipated completion by November 11.
September 6, 2016 - Page 26
TOWN OF VAIP
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Resolution No. 29, Series of 2016, A Resolution Adopting the VAIL HOUSING
2027, `A Strategic Plan for Maintaining and Sustaining Community Through the Creation and
Support of Resident Housing in Vail' and Setting Forth Details in Regard Thereto.
PRESENTER(S): George Ruther, Director of Community Development and Steve Lindstrom,
Chair of the Vail Local Housing Authority
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution
No. 29, Series of 2016 as presented.
BACKGROUND: Vail's first strategic plan for housing was adopted in 2008. As a result, the
community has made progress towards addressing the need to provide homes for year round
residents of Vail. Unfortunately, housing continues to challenge the community and a new and
updated strategic plan for housing is needed. Vail Housing 2027 is a new and updated strategic
plan.
STAFF RECOMMENDATION: The Community Development Department and the Vail Local
Housing Authority recommend the Vail Town Council adopts Resolution No. 29, Series of 2016, as
presented.
ATTACHMENTS:
Description
Resolution No. 29, Series of 2016
Vail Housing 2027
Vail 2027 Housing Strategic Plan presentation 09062106
September 6, 2016 - Page 27
RESOLUTION NO. 29
Series 2016
A RESOLUTION ADOPTING
VAIL HOUSING 2027, 'A Strategic Plan for Maintaining and Sustaining Community
Through the Creation and Support of Resident Housing in Vail'
AND SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, the Town of Vail in the County of Eagle and State of Colorado is a
home rule municipal corporation duly organized and existing under the laws of the State of
Colorado and the Town Charter;
WHEREAS, the Town of Vail has determined through the community outreach
process of Vail 20/20, "Focus on the Future", and the 2016 Town of Vail Community and
Employer/Employee Surveys that maintaining and sustaining community through the
creation and support of resident housing in Vail is a top priority;
WHEREAS, the Vail Town Council and the Vail Local Housing Authority have
determined that the Vail Housing 2027 Strategic Plan defines the mission, vision, goal,
means, method, and action steps to ensure the fulfillment of the Housing Policy
Statement:
"We acknowledge that the acquisition of deed restrictions on homes for Vail
residents is critical to maintaining and sustaining community. Therefore, we ensure
an adequate supply and availability of homes for residents and recognize housing
as infrastructure in the Town of Vail, a community support system not unlike roads,
bridges, water and sewer systems, fire, police, and other services of the municipal
government. " ;
WHEREAS, the fulfillment of the Housing Policy Statement requires the Vail Town
Council to adopt the Vail Housing 2027 Strategic Plan to:
establish a goal for addressing the need for and availability of homes for
residents of Vail,
implement a means for achieving the goal,
adopt a new decision-making structure to more effectively and efficiently
act upon the decision to acquire deed restrictions,
and;
WHEREAS, it is the intention of the Vail Local Housing Authority and the Town
of Vail staff to implement the Vail Housing 2027 Strategic Plan and present a twice
annual report of the progress of implementation and make adjustments as needed.
THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO:
September 6, 2016 - Page 28
SECTION 1. PURPOSE
The Vail Town Council hereby adopts the VAIL HOUSING 2027, "A Strategic Plan for
Maintaining and Sustaining Community Through the Creation and Support of Resident
Housing in Vail"; dated September 6, 2016.
SECTION 2. FINDINGS
The Town Council hereby finds:
A. That the Vail Housing 2027 Strategic Plan is consistent with the community
vision and the adopted policy statement reflects the intentions of the Town of Vail to
become a leader in addressing the resident housing needs in resort communities.
B. That the mission, vision, goal, means, method and action steps identified in the
Vail Housing 2027 Strategic Plan promote and support the Vail Town Council's three
critical actions and are necessary in order to positively impact the need and availability of
homes for residents in Vail.
SECTION 3. EFFECTIVE DATE
This resolution shall be effective immediately upon adoption.
2016.
INTRODUCED, READ, APPROVED AND ADOPTED this 61" day of September,
ATTEST:
Patty McKenny,
Town Clerk
Dave Chapin
Town Mayor
September 6, 2016 - Page 29
September 6, 2016 - Page 30
VAIL HOUSING 2027
"A Strategic Plan for Maintaining and Sustaining
Community through the Creation and Support of
Resident Housing in Vail"
Adopted - September 6, 2016.
Resolution No. 29, Series of 2016
September 6, 2016 - Page 31
CONTRIBUTORS
VAIL TOWN COUNCIL
• Dave Chapin, Mayor
• Jenn Bruno, Mayor Pro -Tem
• Dick Cleveland
• Kevin Foley
• Kim Langmaid
• Jen Mason
• Greg Moffet
VAIL LOCAL HOUSING AUTHORITY
• Steve Lindstrom, Chair
• Scott Ashburn
• Mary McDougall
• Molly Murphy
• James Wilkens
Vail Economic Advisory Council
• Jean Alexander
• Christian Avignon
• Bob Boselli
• Nick Brinkman
• Dick Cleveland
• Mark Gordon
• Michael Imhof
• Matt Ivy
• Rayla Kundolf
• Michael Kurz
• Rob LeVine
• Robin Litt
• Greg Moffet
• Matt Morgan
• Laurie Mullen
• Kim Newbury
• Brian Nolan
• Mike Ortiz
• Tara Picklo
• Chris Romer
• Mia Vlaar
• Alison Wadey
ADMINISTRATION DEPARTMENT
• Stan Zemler, Town Manager
• Kathleen Halloran, Director of
Finance
• Matt Mire, Town Attorney
COMMUNITY DEVELOPMENT
DEPARTMENT
• George Ruther, Director of
Community Development
• Kristen Bertuglia,
Environmental Manager
• Alan Nazzaro, Housing
Manager
September 6, 2016 - Page 32 of
Table of Contents
I. EXECUTIVE SUMMARY.............................................................................................................. 1
II. VISION.......................................................................................................................................4
III. MISSION...................................................................................................................................4
IV. POLICY STATEMENT................................................................................................................ 5
V. PURPOSE OF THE PLAN............................................................................................................ 5
VI. GOAL..............................................................................................................................6
VII. MEANS...........................................................................................................................6
VIII. METHODS......................................................................................................................6
IX. ACTIONS FOR IMPLEMENTATION................................................................................... 6
September 6, 2016 - Page 33 of
EXECUTIVE SUMMARY
Ensuring the availability of homes for Vail residents has been a long standing
challenge in the community. To date, adopted housing policies, programs and
practices have not yielded desired results. To realize different results the
community must change its approach to housing policies, programs and practices.
Presently, the Town's housing policies, programs and practices lack an attainable
goal, are without adequate financial means, are reactive in implementation and
contain a decision making structure that does not result in increased housing
opportunities. Vail Housing 2027 sets in motion a strategic plan that proactively
addresses the housing needs of the community. It is actionable in its
implementation and changes the decision-making approach towards maintaining
and sustaining homes for residents within the community.
Vail Housing 2027 takes a three-part approach to improving the availability of
housing in Vail and increasing the number of deed restricted homes for residents
of the community; 1) Goal, 2) Means and 3) Method. Similar to a three-
legged stool, the plan falls flat and can not be successful without all three parts in
place.
The single goal of the Plan is clear and concise... -"'acquire 1,000 additional resident
housing unit deed restrictions by the year 2027." When achieved, this goal, along
with the more than 698 existing deed restricted homes, ensures homes for more
than 3,736 Vail residents.
A goal can not be accomplished without the means for doing so. In this instance
means is an adequate and ongoing source of funding. Funding is necessary to
acquire deed restrictions. The Plan recommends the use of existing Housing
Program funds to launch the deed restriction program in the initial years and
recommends annual appropriations from the Town's Capital Projects Funds in
future years. Additional funding sources should be pursued simultaneously.
September 6, 2016 - Page 34
Finally, the Plan recommends a new method for achieving the goal. Like the goal,
the method is clear and concise... "implement a new decision-making structure
which is singular in focus, proactive, empowering and results -oriented, and is
nimble enough to be effective at achieving the goal."
September 6, 2016 - Page 35
VISION
An Eye on the Future
We envision Vail as a diverse, resilient, inclusive, vibrant and sustainable
mountain resort community where year-round residents are afforded the
opportunity to live and thrive. We take a holistic approach to maintaining
community, with continuous improvement to our social, environmental, and
economic well being. We create housing solutions by recognizing and capitalizing
on our unique position as North America's premier international mountain resort
community in order to provide the highest quality of service to our guests, attract
citizens of excellence and foster their ability to live, work, and play in Vail
throughout their lives.
Our strategic solutions and actions result in the retention of existing homes,
creation of new and diverse housing infrastructure, and collaboration with
community partners. For Vail, no problem is insurmountable. With a consistent,
community -driven purpose and an entrepreneurial spirit, Vail will lead the
industry in innovative housing solutions for the 21St century. The Town is well
positioned financially to undertake this significant challenge.
September 6, 2016 - Page 36
MISSION
Maintaining and Sustaining Community
"We create, provide, and retain high quality, affordable, and diverse housing
opportunities for Vail residents to support a sustainable year round economy and
build a vibrant, inclusive and resilient community. We do this through acquiring
deed restrictions on homes so that our residents have a place to live in Vail."
September 6, 2016 - Page 37
POLICY STATEMENT
Resident Housing as Infrastructure
"We acknowledge that the acquisition of deed restrictions on homes for Vail
residents is critical to maintaining community. Therefore, we ensure an adequate
supply and availability of homes for residents and recognize housing as
infrastructure in the Town of Vail; a community support system not unlike roads,
bridges, water and sewer systems, fire, police, and other services of the municipal
government."
September 6, 2016 - Page 38
PURPOSE of the PLAN
Vail Housing 2027 is an action -oriented, results -based strategic planning
document that is to be used as a decision-making guide for taking critical next
steps towards addressing the resident housing needs in Vail. The Plan takes a
proactive approach to addressing the housing need. To that end, the Plan
identifies a vision for housing for year round residents of the community, a
mission for maintaining and sustaining community and a single policy statement
that acknowledges homes for residents as critical infrastructure, thereby
reinforcing the importance of housing to the long term success of Vail. Further,
the Plan articulates a 10 -year goal to acquire deed restrictions on homes within
the community.
The Plan presents a road map for acquiring deed restrictions for resident housing
through the year 2020. Given the dynamic nature of the factors affecting the
Town's ability to achieve the ten year goal, such as global markets, interest rates,
changes in regional housing supply, financial lending practices, etc. the Actions for
Implementation focus on the first three years following the Plan adoption. The
Plan should be revisited at least every three years to evaluate progress and to
make adjustments, as needed.
The Plan is a living document that is to be used proactively, adjusted as needed
and reported upon twice annually to the Vail Town Council. It recommends a
number of actions that must be implemented to ensure the realization of the Plan
goal.
September 6, 2016 - Page 39
TEN YEAR GOAL
"The Town of Vail will acquire 1,000 additional resident
housing unit deed restrictions by the year 2027."
These new deed restrictions will be acquired for both existing homes as well as
for homes that are newly constructed by both the Town of Vail and private sector
developers.
By virtue of the occupancy requirements of the deed restrictions, the Town of Vail
does not need to own resident homes to forward its mission of maintaining and
sustaining community.
Title to real estate can change ownership often. Once recorded, a deed
restriction transfers with the title and survives changes in ownership over time,
thus assuring long term resident housing.
September 6, 2016 - Page 40 of
2016 HOUSING STATISTICS
1.208 Nomes
—8000
0
-
7000
Since 2010:
-
6000
- nearly 90% of homes for sale
-5000
in Vail were sold to Unoccupied
-
4000
Home Owners
-
3000
- approximately 10% were sold to
-200D
4000nnnnnnnnnn—
Occupied Home Owner
30000
1000
Source: Eagle County Assessor's Office
5.505 P68116
1.153 00090ed Nemec
0
4.158 90ee0908d NOW
(2 - 3 people per home)
DDD
SDDD
�
—5000
2000
4
TTTTTTTTTT
4000nnnnnnnnnn—
1000—
30000
—3000
2000
nnnnnon nn -2000
OvnerpCcupied
7000
!TTTTTTTMT
MiM Einnnnnnnnnn
1000
ReneOccupied
888 Neon Restrietod memos
G
September 6, 2016 - Page 41
MEANS
To effectively achieve the goal of acquiring 1,000 additional resident housing unit
deed restrictions by the year 2027, adequate financial resources are needed. For
the purpose of this plan, the resources required include regular and ongoing
annual appropriations. The funds appropriated will be used to purchase and
acquire deed restrictions for resident housing. Deed restrictions will be acquired
from a wide range of sources. Likely sources include existing homeowners,
potential home buyers, business owner's, large and small employers, real estate
developers, existing and potential investment property owners, etc.
In recognizing that resident housing is valued as critical infrastructure within the
community it is imperative that it must be funded adequately. Given that the
availability of resident housing is an important issue for the community, then
funding from the Town's annual budget should reflect housing as a priority.
Top Two Community Priorities (2016)
Focus on housing for middle income and
service worker households in vital support 38%
roles
Economic vitality (investing in facilities,
services and events to keep Vail 360/c
competitive)
Budget and capital management (keeping
Vail fiscally healthy)
Actions to protect and enhance Gore Creek
Environmental sustainability (waste and
energy conservation programs,
environmental education, etc)
Parking opportunities for residents
Guest relations and customer service 13%
Parking opportunities for visitorslguests 13%
Transportation needs (bus service - local 1 1
and regional)
Figure 1 Town of Vail Community Survey 2016
30%
. 20%
. 20%
17%
0% 5% 10/1 15% 20% 25% 30% 35% 40%
Percent Responding
September 6, 2016 - Page 42
Therefore, annual appropriations in the form of both dedicated housing funds and
capital projects funds require allocation. And, as this is a community -wide issue,
the community as a whole should financially support housing solutions.
Top Priorities by Resident Type
Focus on housing for middle income and 147%
service worker households in vital support 21%
roles 63%
36%
25%
Economic vitality (investing in facilities, 26%
services and events to keep Vail 48%
competitive) 26%
59%
58%
Budget and capital management (keeping 25%
Vail fiscally healthy) 41%
19%
27%
33%
Actions to protect and enhance Gore Creek
Environmental sustainability (waste and
energy conservation programs,
environmental education, etc)
Parking opportunities for residents
23%
18%
15%
— 14%
ll� 25%
22%
19%
18%
18%
20%
- 14%
19%
18%
18%
Guest relations and customer service — 13%
X13%
19%
— 9%
� 17%
Parking opportunities for visitors/guests — 13%
X13%
—13% 0 Year-round resident
—14% 0 Part-time resident
—Soto ■ Employed in TOV but don't live there
Transportation needs (bus service — local —11% M Get mail in TOV but don't live/work there
and regional) —14% 10 Non-resident owner of business
M6%
17%
0% 10°% 20%
Figure 2 Town of Vail Community Survey 2016
30°% 40°% 50°% 60°% 70°%
Percent Responding
September 6, 2016 - Page 43 of
A dedicated funding source is important to the long term success of meeting the
established housing goal by year 2027. A dedicated funding source such as sales
tax or property tax increase live on over time as political sentiment changes, and
supports the issuance of long-term bonds to move the revenue forward.
A tax -based funding
source for housing
should be supplemented
with the collection of fee
in lieu funds received.
However, in order to
initiate immediate action
towards the realization
of the goal of the Plan, it
is necessary in the near
term that additional
funding comes from
reallocation of the
Town's General and
Capital Projects Funds.
Where The Money Went
Municipal Spending by Area
Health &
Employee
Housing
1 % 90OPW
Parks, AIPP
& Library
4%
Contributions,
Marketing &
Special Events
6%
Capital
Improvements
1 27%
Community Facilities
Development & Fleet
4% Maintenance
8%
Public Safety
22%
Town Officials &
Administration
10%
Transportation
& Parking
11%
Public Works
& Streets
7%
Figure 3 - Town of Vail 2015 Year in Review. Municipal Services accounted for $39.3 million,
or 73% of 2015 expenditures,
It is difficult at this time to determine precisely the annual budgeting
requirements of the Plan, especially as related to potential capital expenditures
for deed restriction acquisition. The Town's Housing Program Funds, however,
currently maintain a fund balance of nearly $3.2M. In an effort to create, grow
and maintain a healthy fund balance and establish a pattern of annual
appropriation towards housing programs, the Town should appropriate a
minimum of $500,000 into the 2017 Housing Program Funds within the Capital
Projects Funds and make regular and ongoing annual appropriations for the
purpose of acquiring new resident housing deed restrictions. It is recommended
September 6, 2016 - Page 44
that a minimum of $5M be appropriated in future budget years 2018, 2019, and
2020. Allocations beyond 2020 should be evaluated based upon results achieved
in each of the first three years of the Plan implementation. As each year's results
are reviewed, adjustments in allocation may be necessary to remain on target of
achieving the Plan goal. Circumstances unknown at this time may require the
Town to accelerate its funding obligations in future years to remain on target for
realizing the Ten Year Goal.
September 6, 2016 - Page 45
METHODS
To efficiently achieve the goal of acquiring 1,000 additional resident housing unit
deed restrictions by the year 2027 a new structure for decision-making is needed.
The current decision making structure contains multiple layers of bureaucracy, is
costly and time consuming, inefficient, indecisive, reactive in approach and does
not achieve the Town's desired results of addressing the resident housing needs
of the community.
A new decision-making structure is needed to get better results. The new
structure must include a new decision-making body that is:
• singular in mission and focus,
• empowered and results -oriented,
• time sensitive and responsive in its actions,
• adaptable to an ever dynamic real estate market,
• consistent and predictable, and
• timely within the Town's development review process.
The new structure requires built-in mechanisms of accountability for decision
making and twice annual reporting requirements. It must be built on a
foundation grounded by predetermined criteria for sound decision making and
evaluation when deciding on the acquisition of deed restrictions. It requires
participation from experts in the fields of real estate finance and development,
residential property lending, real property acquisition, affordable housing policy
and program implementation, public finance and administration, and real
property analysis, valuation and appraisal. Each of these characteristics ensure
that the new structure is organized and aligned in such a way that the Town
achieves its Ten Year Goal for housing.
Most importantly, the decision-making structure must ensure that the decision-
making body, acting as a special agent of the Town of Vail, has the authority to
take action towards achieving the goal and dispense the funds needed to acquire
deed restrictions.
September 6, 2016 - Page 46
The five -member Vail Local Housing Authority (VLHA) should be appointed as the
new decision-making body authorized as a special agent to act on behalf of the
Vail Town Council. There are numerous compelling reasons to appoint the VLHA
as the Town's special agent. Those reasons include:
• The VLHA is a statutory authority created under Colorado Revised Statutes
(CRS 29-4-204) and granted powers of authority (CRS 29-4-209) which
include, in part,
o to grant or lend moneys or otherwise provide financing to any
person, firm, corporation for any project or any part thereof,
o to pledge or otherwise encumber any of its moneys in support o of
on connection with a project, and
o to purchase, lease, obtain option upon, or acquire any property, real
or personal, or any interest therein from any person, firm,
corporation, the city, or a government.
• The VLHA is uniquely positioned to fill this role due to its singular purpose
and focus.
• The VLHA members are
appointed by the Vail Town
Council, and therefore, its
membership can include
experts with the appropriate
background and experiences.
• The VLHA was created to
focus its efforts on
maintaining and expanding
the supply of resident
housing opportunities in the
community.
• The VLHA members serve five
year staggered terms.
,% N ev.; Decision - Making Structure
Figure 4 illustrates an example of the new decision-making structure.
Figure 4 - Decision -Making
September 6, 2016 - Page 47 of
ACTIONS FOR IMPLEMENTATION
1. Deed Restriction Acquisition
• Establish deed restriction acquisition criteria
• Work with mortgage lenders and title companies to develop mutually
acceptable deed restriction language
• Collaborate with The Valley Home Store and the Vail Board of Realtors to
market and communicate the Town's interest in acquiring deed restrictions
• Evaluate dedicated deed restriction acquisition revenue sources to ensure
adequate funding exists
2. Land Use Tools
• Establish a No Net Loss of Deed Restrictions Policy
• Create a Housing Overlay District that allows for increased density
• Evaluate the effectiveness of the EHU Exchange Program and make
adjustments as needed
• Update the 2007 Rational Nexus Study to ensure changes in land use are
consistent with current employee generation rates
• Amend the Fee in Lieu calculation to represent cost of construction instead
of affordability gap
3. Performance Measurements
• Update existing deed restricted property data base to include additional
factors such as cost, location and deed restriction language type
• Prepare a twice annual report summarizing progress towards the goal
• Maintain newly acquired deed restriction data such as unit type, location,
cost, etc.
September 6, 2016 - Page 48 of
Vail Housing 2027
f 91, Ij Dljl�)Psl 2-81P] I
September 6, 2010 WgN49Q F38VAIL
Vail Town Council Areas of Focus
21M
2014
AREAS OF FOCUS
VAIL TUWN CUUNCII
OUR VISION
To be the Premier Inte
Mountain Resort Com
OUR MISSION
Grow a vibrant, divers
economy and commur
providing our citizens
guests with exception
services and an abun
of recreational, cultur
educational opportuni
TDWIU U Dil
Town of Vail I Resolution No. 29, Series of 2016 1 9/6/16 September 6, 2016 - Page 50 of 138
Vail Community Survey
r�)p -,' )ffj r Lmj rY Pri Dri rY 1�"J U)
Top Two Community Priorities (2016)
Focus on housing for middle income and
service worker households in vital support
roles
Economic vitality (investing in facilities,
services and events to keep Vail
competitive)
Budget and capital management (keeping
Vail fiscally healthy)
Actions to protect and enhance Gore Creek
Environmental sustainability (waste and
energy conservation programs,
environmental education, etc)
Parking opportunities for residents
Guest relations and customer service
Parking opportunities for visitors/guests
Transportation needs (bus service — local
and regional)
Town of Vail
30%
38% 38%
36%
0% 5% 10% 15% 20% 25% 30% 35% 40%
Percent Responding
Resolution No. 29, Series of 2016 19/6/16 September 6, 2016 - Page 51 of 138 3
Vail Housing 2027
'A Strategic Plan for Maintaining
and Sustaining Community
through the Creation and Support
of Resident Housing in Vail"
Vail Housing 2027
6 )TOWN OF VAILt
Town of Vail I Resolution No. 29, Series of 2016 1 9/6/2016 September 6, 2016 - Page 52 of 138 4
2016 Housing Statistics
1,753 Occupied Homes
(2 - 3 people per home)
2000-
1000-
Owner
000-1000-
Owner Occupied
Renter Occupied
!i) -r tj f1 J ?�
7209 Homes
- 8000
7000
- 6000
5000
*********-&-4000 ********'1 - '-4000
3000
2000
1000
5.305 People \
6000 + S
5000
4000 * * * * * * . ;
3000 .0...0...0...
2000 ii..�..9 1 i.!
1000 .0..i0..i0...
668 Deed Restricted Homes
Since 2010:
nearly 90% of homes for sale
in Vail were sold to Unoccupied
Home Owners
approximately 10% were sold to
Occupied Home Owner
Source: Eagle County Assessor's Office
4,758 Unoccupied Homes
y�n� n��n'� 5000
n LRI yn� W W W nnnn 4000
nn W nnnnnnn 3000
nn nnnnninnn 2000
nnn n.l�ynnnnnn 1000
Town of Vail I Resolution No. 29, Series of 2016 19/6/16
September 6, 2016 -Page 53 of 138 5
Ten Year Goal
"The Town of Vail will
acquire 1,, 000
additional resident
housing unit deed
restrictions by the
year 2027"
Zleffiler
Town of Vail I Resolution No. 29, Series of 2016 1 9/6/16 September 6, 2016 - Page 54 of 138
Means
Where The Money Went
Municipal Spending by Area
"..it is necessary in the near Capital
term that additional funding comes from Improvements
27°%
reallocation of the Town's General
and Capital Projects Funds"
$3.2M plus $500K in 2017
Housing Program Funds
Health &
Employee
Housing
1% —1now
Parks, AIPP
& Library
4%
Contributions,
Marketing &
Special Events
6%
Community
Development
4%
Facilities
& Fleet
Maintenance
896
Public Safety
— 22%
Town Officials &
Administration
10%
Transportation
& Parking
11%
Public Works
Streets
7%
Town of Vail I Resolution No. 29, Series of 2016 1 9/6/16 September 6, 2016 - Page 55 of 138 7
Methods
J] ��j`1`1 11A,�dlig JrI!J�r!J1
• singular in mission and focus,
• empowered and results -
oriented,
• time sensitive and responsive
in its actions,
• adaptable to a dynamic real
estate market,
• consistent and predictable,
• timely within the Town's
development review process.
A New Decision - Making Structure
Vail Local Housing Authority
TWMArrrrLia I fteportlrg
�I
Town of Vail I Resolution No. 29, Series of 2016 1 9/6/16 September 6, 2016 - Page 56 of 138 8
Summary
V�'�JjJ rJ�)U JfJJ �J�1
"Does the Vail Town Council support
resident housing in Vail and
Resolution No. 29, Series of 2016?"
• Losing Community
• Top Community Priority
• New Approach
• Goal, Means & Method
• Deed Restrictions Create Occupancy
• Resident Housing is Infrastructure
• Adjust as Needed
• Vail Local Housing Authority
Town of Vail I Resolution No. 29, Series of 2016 1 9/6/16 September 6, 2016 - Page 57 of 138 9
TOWN OF VAIP
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Ordinance No. 23, Series 2016, First Reading, An Ordinance to Amend Section
12-13-5, Employee Housing; Employee Housing Unit Deed Restriction Exchange Program
(Exchange Program), Section 12-23-6, Commercial Linkage; Methods of Mitigation, and Section
12-24-6, Inclusionary Zoning; Methods of Mitigation, Vail Town Code, Concerning the Payment of
Fees in Lieu of Providing Employee Housing and Setting Forth Details in Regard Thereto.
PRESENTER(S): Alan Na=aro, Housing Manager
ACTION REQUESTED OF COUNCIL: Town Council accept the recommendations from PEC
and VLHA and approve the Ordinance No. 23 as written.
BACKGROUND: In February of 2016, the Town Council requested background information and
began discussions on how the Town of Vail calculates its annual fee in lieu for mitigation of
employee housing impacts (Vail Town Code Sections 12-23, 12-24) and the Employee Housing
Unit (EHU) Exchange Program (Section 12-13-5). Several work sessions have been held since
then, including a joint work session with the Vail Local Housing Authority (VLHA) to determine what
changes could be made to improve performance towards meeting the goals of the program. The
VLHA made recommendations and the PEC concurred with those recommendations.
STAFF RECOMMENDATION: The Community Development Department recommends approval
to the Town Council of Ordinance No. 23, Series of 2016, amending Section 12-13-5, Employee
Housing, Section 12-23-6, Commercial Linkage, and Section 12-24-6, InclusionaryZoning,
concerning the payment of Fees in Lieu.
ATTACHMENTS:
Description
Staff Memo Ordinance No. 23 Series 2016
Ordinance No. 23 Series 2016
PEC Memo 08/08/2016
PEC Minutes 08/08/2016
September 6, 2016 - Page 58
0) TOWN OF VAIL '
Memorandum
TO: Town Council
FROM: Community Development Department
DATE: September 6, 2016
SUBJECT: Ordinance No. 23, Series 2016, an Ordinance to amend Section 12-13-5,
Employee Housing; Employee Housing Unit Deed Restriction Exchange Program
(Exchange Program), Section 12-23-6, Commercial Linkage; Methods of
Mitigation, and Section 12-24-6, Inclusionary Zoning; Methods of Mitigation, Vail
Town Code, concerning the payment of Fees in Lieu of providing Employee
Housing and setting forth details in regard thereto.
SUMMARY
This change in policy is proposed to better define the circumstances under which a fee in
lieu payment may be accepted by the Vail Town Council for mitigation of employee
housing obligations. Currently, fees in lieu may be proposed to satisfy these obligations
largely at the discretion of an applicant. The proposed policy would change the
circumstances under which fees in lieu may be accepted. As proposed, fees in lieu will
only be accepted for fractional requirements, i.e., less than one employee, or less than
438 square feet (partial or remainder obligations) with the only exception being for
participation in the Exchange Program involving Employee Housing Units with deed
restrictions approved prior to July 22, 1994.
The purpose of the amendment is to define the acceptance of fees in lieu for employee
housing mitigation requirements under:
The Exchange Program involving Employee Housing Units as:
o Mitigation for any fractional portion of the required square footage not
provided by a proposed EHU, or
o Mitigation in full only for Employee Housing Units with deed restrictions
approved prior to July 22, 1994. These deed restrictions contained the
following language: "if the unit is rented, it shall be rented only to tenants
who are full time employees... ",-
The
,The Commercial Linkage Program for fractional requirements (partial or
remainder obligations) less than one employee;
The Inclusionary Zoning Program for fractional requirements (partial or remainder
obligations) less than 438 square feet.
September 6, 2016 - Page 59
II. BACKGROUND
In February of 2016, the Town Council requested background information and began
discussions on how the Town of Vail calculates its annual fee in lieu for mitigation of
employee housing impacts (Vail Town Code Sections 12-23, 12-24) and the Employee
Housing Unit (EHU) Exchange Program (Section 12-13-5). Several work sessions have
been held since then, including a joint work session with the Vail Local Housing Authority
(VLHA) to determine if the fees charged are adequate, are achieving their goals, and
what changes could be made to improve performance towards meeting those goals.
The VLHA has been tasked with making recommendations to the Council on options for
changes to the fee in lieu policy. On June 27, 2016 staff presented to the Planning and
Environmental Commission (PEC) the options under consideration by the VLHA for
feedback. The VLHA has considered this feedback and at their July 26, 2016 voted to
forward their proposed changes to the PEC for their recommendation to the Town
Council.
III. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION
On August 8, 2016 the Planning and Environmental Commission (PEC) recommended
that the Vail Town Council approve, Ordinance No. 23, Series of 2016, upon first
reading, with a vote of 5-0.
This recommendation was based upon the review of the criteria outlined in Section VI of
the August 8, 2016 memorandum to the Planning and Environmental Commission, and
the evidence and testimony presented.
That the amendment 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
II. That the amendment furthers the general and specific purposes of the
zoning regulations; and
III.That the amendment promotes the health, safety, morals, and general
welfare of the town and promotes 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.
IV. ACTION REQUESTED OF THE TOWN COUNCIL
Should the Vail Town Council choose to approve Ordinance No. 23, Series of 2016 upon
first reading, the Planning and Environmental Commission recommends that the Council
passes the following motion:
Town of Vail Page 2
September 6, 2016 - Page 60
"The Vail Town Council approves Ordinance No. 23, Series of 2016, an ordinance
amending Section 12-13-5, Employee Housing; Employee Housing Unit Deed
Restriction Exchange Program (Exchange Program), Section 12-23-6,
Commercial Linkage; Methods of Mitigation, and Section 12-24-6, Inclusionary
Zoning; Methods of Mitigation, Vail Town Code, concerning the payment of Fees
in Lieu of providing Employee Housing and setting forth details in regard thereto."
Should the Vail Town Council choose to approve Ordinance No. 23, Series of 2016 the
Planning and Environmental Commission recommends the Council makes the following
findings:
That the amendment 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
2. That the amendment furthers the general and specific purposes of the
zoning regulations; and
3. That the amendment promotes the health, safety, morals, and general
welfare of the town and promotes 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.
V. ATTACHMENTS
A. Ordinance No. 23, Series of 2016
B. PEC Memorandum, dated August 8, 2016, with attachments
C. August 8, 2016 PEC meeting results
Town of Vail Page 3
September 6, 2016 - Page 61
ORDINANCE NO. 23
SERIES 2016
AN ORDINANCE AMENDING SECTION 12-13-5, EMPLOYEE HOUSING
DEED RESTRICTION EXCHANGE PROGRAM, SECTION 12-23-6,
COMMERCIAL LINKAGE, METHODS OF MITIGATION, SECTION 12-24-6
INCLUSIONARY ZONING, VAIL TOWN CODE, TO AMEND THE DEED -
RESTRICTION EXCHANGE PROGRAM, COMMERCIAL LINKAGE, AND
INCLUSIONARY ZONING, AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, on June 3, 2008, the Vail Town Council directed the Community
Development Department to prepare amendments to the Vail Town Code to establish
an Employee Housing Unit (EHU) deed restriction exchange program;
WHEREAS, on July 26, 2016, the Vail Local Housing Authority of the Town of
Vail held a public meeting and reviewed and forwarded a recommendation of approval
to the Vail Town Council for the proposed text amendments to the Zoning Regulations;
WHEREAS, on August 8, 2016, 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 12-3-6 of the Vail Town Code;
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 are compatible with the development
objectives of the Town, based upon Section VII of the Staff memorandum to the
Planning and Environmental Commission dated August 8, 2016, and the evidence and
testimony presented;
WHEREAS, the Town Council finds and determines that the amendments further
the general and specific purposes of the Zoning Regulations, based upon Section VII of
the Staff memorandum to the Planning and Environmental Commission dated August 8,
2016, 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 VII of the Staff
memorandum dated August 8, 2016.
Ordinance No. 23, Series 2016
September 6, 2016 - Page 62
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 12-13-5, Employee Housing Deed Restriction Exchange
Program, of the Vail Town Code is hereby amended as follows (text to be deleted is in
strikethm io text that is, to be added is bold. Sections of text that are not amended
have been omitted.)
C. Definitions: For the purpose of this section:
PROPOSED EHU: The existing, non -deed restricted dwelling unit that is being
proposed to receive an employee housing deed restriction as part of this program.
D. General Requirements: The tTown eCouncil 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, and/or the
payment of a fee in lieu, as described in Paragraph 5 below.
5. Fee fi4 in Lieu: The applicant may O provide a fee in lieu payment to the
town of Vail for any fractional portion of the required square footage less than
438 square feet not provided by a proposed EHU, if the proposed EHU does
not fulfill the required amount of calculated square footage. The teWR s"
GRIP use moRies nollented from the foes in lies i to provide new employee hoi isino
The applicant shell nasi a fee in lies i equal to the felleWin`r formulas:
A. The Town Council at its sole discretion may accept fee in lieu payment
for the full required square footage only 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...".
B. The Fee in Lieu calculated amount shall be paid after approval of the
application by Town Council, but prior to recording of the deed
restriction release. The fee shall be based upon the current fee structure
in place at the time of approval. Early payment of the fee in lieu shall not
be accepted prior to approval. The approval for deed restriction release
shall sunset one year from the date of approval and any fees paid are
non-refundable.
C. The Town shall use monies collected from fees in lieu to provide
incremental new employee housing units.
Existing EHU square feet x multiplier x inclusionary zoning fee = fee in lieu
payment
Ordinance No. 23, Series 2016
2
September 6, 2016 - Page 63
E. Fees: The Jown eCouncil shall set an application fee schedule sufficient to cover
the cost of town staff time and other expenses incidental to the review of the
application. The fee shall be paid at the time of the application, and shall not be
refundable.
F. Review Process:
2. Review Procedures:
a. Administrator Review: The administrator shall review the application for
completeness and compliance with this section, and shall make a determination
of completeness and compliance with this section within fourteen (14) days of
application submittal. Should the administrator deem that the application is
incomplete or not in compliance with this section, the administrator shall deny
the application. Should the administrator deem the application is both complete
and in compliance with this section, the administrator shall forward the
application for review by the Vail tLocal hHousing a -Authority.
b. Vail Local Housing Authority Review: The review of a proposed employee
housing deed restriction exchange application shall be held by the Vail ILocal
Ordinance No. 23, Series 2016
3
September 6, 2016 - Page 64
#Housing aAuthority at a regularly scheduled meeting. A report of the
community development department staff's findings and recommendations
shall be made at the formal hearing before the Vail tLocal #Housing
aAuthority. Within twenty (20) days of the closing of a public hearing on a
proposed amendment, the Vail ILocal #Housing aAuthority shall act on the
application. The autherity Vail Local Housing Authority may recommend
approval of the application as initiated, may recommend approval with such
modifications as it deems necessary to accomplish the purposes of this title, or
may recommend denial of the application. The autherity Vail Local Housing
Authority shall transmit its recommendation, together with a report on the
public hearing and its deliberations and findings, to the Jown eCouncil.
c. Town Council Review: Upon receipt of the report and recommendation of the
authority, the Jown eCouncil shall set a date for hearing within the following
thirty (30) days. Within twenty (20) days of the closing of a public hearing on the
application, the Jown eCouncil shall act on the application. The Jown
eCouncil shall consider but shall not be bound by the recommendation of the
Vail tLocal #Housing aAuthority. The Jown eCouncil may approve, either in
accordance with the recommendation of the Vail ILocal #Housing aAuthority
or in modified form, or the Jown eCouncil may deny the application.
d. Appeal: Administrator and Jown eCouncil 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 ILocal #Housing aAuthority and Vail Jown eCouncil
shall consider the following criteria with respect to the application:
b. Necessary Findings: Before recommending and/or granting an approval of an
employee housing deed restriction exchange application, the Vail tLocal
#Housing aAuthority and the Vail Jown eCouncil shall make the following
findings with respect to the application:
(Ord. 10(2011) §§ 1, 2, 3, 4: Ord. 31(2008) § 1)
Section 2. Section 12-23-6, Commercial Linkage, Methods of Mitigation, of the
Vail Town Code is hereby amended as follows (text to be deleted is in StFikethFG i`vh text
that is, to be added is bold. Sections of text that are not amended have been omitted.)
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 (1/2) the
Ordinance No. 23, Series 2016
0
September 6, 2016 - Page 65
mitigation of employee housing required by this chapter shall be accomplished
with on site units.
4. Fees 44 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 1.2-5 employees.
5. Remaining Portion Of 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.
2. Conveyance Of Vacant Property On Site: An applicant may convey on site
real property to the Jown on which no covenants, restrictions or issues exist that
would limit the construction of EHUs, at the sole discretion of the Jown
eCouncil. This method does not mitigate the on site unit requirements of
subsection A of this section.
4. Payment Of of Fees In in Lieu:
d. The Jown shall eely 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 1.0 employees.
5. Conveyance Of of Vacant Property Off Site: The tTown ECouncil 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)
Section 3. Section 12-24-6, Inclusionary Zoning, Methods of Mitigation, of the
Vail Town Code is hereby amended as follows (text to be deleted is in strikethreuo text
that is, to be added is bold. Sections of text that are not amended have been omitted.)
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
Ordinance No. 23, Series 2016
5
September 6, 2016 - Page 66
requirement of four hundred thirty eight (438) square feet or greater, no less than
one-half (1/2) the mitigation of employee housing required by this chapter shall be
accomplished with on site units.
4. Fees fi4 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 four hundred thirty eight (438) square feet of EHU floor area.
5. Remaining Portion Of of Requirement: Any remaining portion of the
mitigation requirement not provided with on site units n4ay shall be provided in
accordance with subsection B of this section.
C. 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.
2. Conveyance Of Vacant Property On Site: An applicant may convey on site
real property to the Jown on which no covenants, restrictions or issues exist that
would limit the construction of EHUs, at the sole discretion of the frown
sCouncil. This method does not mitigate the on site unit requirements of
subsection A of this section.
4. Payment Of of Fees fR in Lieu:
d. The Jown 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 four hundred thirty eight (438) square feet of EHU
floor area.
5. Conveyance Of of Vacant Property Off Site: The tTown ECouncil 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) § 25)
Section 4. 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
Ordinance No. 23, Series 2016
n
September 6, 2016 - Page 67
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 5. 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 6. 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 7. 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 6th day of September 2016 and
a public hearing for second reading of this Ordinance set for the 20th day of September,
2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 23, Series 2016
7
Dave Chapin, Mayor
September 6, 2016 - Page 68
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING
AND ORDERED PUBLISHED IN FULL this 20th day of September, 2016.
Dave Chapin, Mayor
Patty McKenny, Town Clerk
Ordinance No. 23, Series 2016
September 6, 2016 - Page 69
TOWN OFVAIL �
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: August 8, 2016
SUBJECT: A request for a recommendation to the Vail Town Council for a Prescribed
Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to amend Section 12-13-5, Employee Housing; Employee Housing Unit
Deed Restriction Exchange Program (Exchange Program), Section 12-23-6,
Commercial Linkage; Methods of Mitigation, and Section 12-24-6, Inclusionary
Zoning; Methods of Mitigation, Vail Town Code, concerning the payment of Fees
in Lieu of providing Employee Housing and setting forth details in regard thereto
(PEC16-0025).
Applicant: Town of Vail
Planner: Alan J. Nazzaro, Housing Manager
Jonathan Spence, Planner
SUMMARY
Upon recommendation from the Vail Local Housing Authority (VLHA), the Community
Development Department proposes a change to the policy concerning the acceptance
of fee in lieu payments under the Town of Vail's Inclusionary Zoning, Commercial
Linkage and Employee Housing Deed Restriction Exchange Programs. This change in
policy is proposed to be codified through amendments to Section 12-13-5 Employee
Housing Unit Deed Restriction Exchange Program, Section 12-23-6, Methods of
Mitigation under Commercial Linkage, and Section 12-24-6, Methods of Mitigation under
Inclusionary Zoning of the Vail Town Code (Code). In addition to the proposed text
amendments related to the change in policy, staff has also proposed minor changes to
the language of the sections to improve readability and clarity.
This change in policy is proposed to better define the circumstances under which a fee
in lieu payment may be accepted by the Vail Town Council for mitigation of employee
housing obligations. Currently, fees in lieu may be proposed to satisfy these obligations
largely at the discretion of an applicant. The change in policy proposed would change
the circumstances when fees in lieu may be accepted only to fractional requirements
(partial or remainder obligations) with the only exception being for participation in the
Exchange Program involving Employee Housing Units with deed restrictions approved
prior to July 22, 1994. Please find a more detailed explanation of this proposed change
in policy below in Section II or, alternatively, in the matrix provided as Attachment A.
September 6, 2016 - Page 70
Based upon staff's review of the criteria outlined in Section VI of this memorandum and
the recommendation of the VLHA as requested by Town Council on this matter, the
Community Development Department recommends the Planning and Environmental
Commission forward a recommendation of approval for the Prescribed Regulation
Amendment to the Vail Town Council.
II. DESCRIPTION OF REQUEST
The purpose of the amendment is to define the acceptance of fees in lieu for employee
housing mitigation requirements under:
• The Exchange Program involving Employee Housing Units as:
o mitigation for any fractional portion of the required square footage not
provided by a proposed EHU
0 or in full only for Employee Housing Units with deed restrictions approved
prior to July 22, 1994. These deed restrictions contained the following
language: "if the unit is rented, it shall be rented only to tenants who are
full time employees... ",-
•
,• The Commercial Linkage Program to fractional requirements (partial or
remainder obligations) less than 1.25 employees;
• The Inclusionary Zoning Program to fractional requirements (partial or remainder
obligations) less than 438 square feet.
Existing Policy
As currently written, the Code allows the use of fees in lieu at the discretion of the
applicant to satisfy any and all calculated mitigation requirements of the Exchange
Program (Section 12-13-5). Similarly, the Code allows the use of fees in lieu at the
discretion of the applicant to satisfy any employee housing obligations not required to be
fulfilled on-site in both the Inclusionary Zoning and Commercial Linkage programs
(Sections 12-23-6 and 12-24-6).
Proposed Policy
The proposed policy changes are recommended as follows:
With respect to the Employee Housing Unit Deed Restriction Exchange
program (Section 12-13-5); Fees in lieu shall only be accepted as
mitigation for any fractional portion of the required square footage not
provided by a proposed EHU or in full only for Employee Housing Units
with deed restrictions approved prior to July 22, 1994. These deed
restrictions contained the following language: "if the unit is rented, it shall
be rented only to tenants who are full time employees... ". The rationale for
accepting fees for these units is that the deed restriction language does not
require the units to be occupied and therefore their value to the community
may be less than that of other, more recently established units that are
required to be occupied.
Town of Vail Page 2
September 6, 2016 - Page 71
• With respect to Commercial Linkage program (Section 12-23): Fees in lieu
shall only be accepted for a fractional unit requirement resulting from an
employee generation of less than 1.25 employees or a fractional
remainder.
With respect to the Inclusionary Zoning program (Section 12-24): Fees in
lieu shall only be accepted for the mitigation of housing obligations that are
a result of a fractional unit requirements resulting from and obligation of
less than 438 square feet or a fractional remainder.
With respect to contingency language for instances of extraordinary
circumstances the following is proposed :
"At the sole discretion of the Town, an exception may be granted from the
requirements of this Chapter based upon a finding by the Town Council
that exceptional or extraordinary circumstances or conditions apply that
prevent the implementation of the required mitigation methods and a
mutual agreement is reached between the Town and the Applicant with
regard to mitigation."
Resulting Effects of the Change in Policy
The effects resulting from the proposed changes to the policy regarding the acceptance
of fees in lieu as mitigation will be felt by both the development community as well as
owners of existing deed restricted units that were not created as a result of Inclusionary
Zoning or Commercial Linkage Requirements. For the development community, the
change in policy removes one mitigation option for meeting the housing obligation not
required on-site. Remaining mitigation options include meeting the full requirement on-
site with either EHU's or dormitory style housing, off site units or the conveyance of off
site property. The removal of the fee in lieu option will require the development
community to meet the housing obligation, unless satisfied through the conveyance of
vacant property, with actual units of housing, either through new construction or through
the placement of a deed restriction on an existing housing unit.
For the owners of deed restricted units wishing to participate in the Employee Housing
Unit Deed Restriction Exchange Program, fees in lieu will only be accepted for any
fractional portion of the required square footage not provided by a proposed EHU or in
full for units with deed restrictions approved prior to July 22, 1994 containing the above
mentioned language. As a result, for owners of units otherwise eligible created after this
date, the exchange unit must be replaced with another unit, as outlined in Section 12-
13-5 D.2.
III. BACKGROUND
In February of 2016, the Town Council requested background information and began
discussions on how the Town of Vail calculates its annual fee in lieu for mitigation of
employee housing impacts (Code Sections 12-23, 12-24) and the Employee Housing
Unit (EHU) Exchange Program (Section 12-13-5). Several work sessions have been
Town of Vail Page 3
September 6, 2016 - Page 72
held since then, including a joint work session with the Vail Local Housing Authority
(VLHA) to determine if the fees charged are adequate, are achieving their goals, and
what changes could be made to improve performance towards meeting those goals.
The VLHA has been tasked with making recommendations to the Council on options for
changes to the fee in lieu policy. On June 27, 2016 staff presented to the Planning and
Environmental Commission (PEC) the options under consideration by the VLHA for
feedback. The VLHA has considered this feedback and at their July 26, 2016 voted to
forward their recommendation contained herein to the PEC for their recommendation to
the Town Council.
IV. PROPOSED TEXT AMENDMENT LANGUAGE
The proposed changes to Section 12-13-5, Employee Housing; Employee Housing Unit
Deed Restriction Exchange Program, Section 12-23-6 , Commercial Linkage: Methods
of Mitigation and Section 12-24-6, Inclusionary Zoning: Methods of Mitigation to
implement the proposed change in policy can be found below. In addition to the
changes necessary for the implementation of the revised policy, staff has also included
a number of minor changes to improve the readability. Please refer to the matrix
included as Attachment A for a further explanation of these changes.
The proposed language is as follows with new language in bold and language to be
removed see through.
12-13-5: EMPLOYEE HOUSING UNIT DEED RESTRICTION EXCHANGE
PROGRAM:
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
B. Applicability: The program established under this section applies to existing
employee housing units. This shall not apply to any existing employee housing unit
that is already price appreciation capped or any employee housing unit established
to meet the on site employee mitigation requirements of chapter 23, "Commercial
Linkage", or chapter 24, "Inclusionary Zoning", of this title or as part of an approved
development plan.
C. Definitions: For the purpose of this section:
COMMERCIAL JOB CORE: Those areas located south of Interstate 70, east of the
intersection of Forest Road and South Frontage Road, north of Vail Mountain, and
Town of Vail Page 4
September 6, 2016 - Page 73
west of the town of Vail soccer fields on Vail Valley Road, as further defined by
exhibit A of this section.
EXCHANGE EHU: The existing nonprice 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, non -deed restricted dwelling unit that is being
proposed to receive an employee housing deed restriction as part of this program.
D. 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 onto another dwelliRg i snit the
proposed EHU, and/or the payment of a fee in lieu, as described in Paragraph 5
below.
5. Fee in Lieu: The applicant may 9 provide a fee in lieu payment to the town
of Vail for any fractional portion of the required square footage less than 438
square feet not provided by a proposed EHU, if the proposed EHU does not
fulfill the required amount of calculated square footage. The +, WR shall only
annlinant shall nasi a foo in lieu equal to the f0lI0Winn formulas:
The Town Council at its sole discretion may accept fee in lieu payment for
the full required square footage only 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 Fee in Lieu calculated amount shall be paid after approval of the
application by Town Council, but prior to recording of the deed restriction
release. The fee shall be based upon the current fee structure in place at
the time of payment. Early payment of the fee in lieu shall not be accepted
prior to approval. The approval for deed restriction release shall sunset one
year from the date of approval and any fees paid are non-refundable.
The town shall use monies collected from fees in lieu only to provide
incremental new employee housing units.
Existing EHU square feet x multiplier x inclusionary zoning fee = fee in lieu
payment
a. if the-eXGh�.hange F=HI I was approved prior to lily 22 1994, and has a deed
n•
rented,f the unit is
it shall be
rented only to tenants who aro full time ecmpleyeeS ..", the formula for fee On hca
payment is•
Town of Vail Page 5
September 6, 2016 - Page 74
6. At the sole discretion of the Town, an exception may be granted from the
requirements of this Chapter based upon a finding by the Town Council
that exceptional or extraordinary circumstances or conditions apply that
prevent the implementation of the required mitigation methods and a
mutual agreement is reached between the Town and the Applicant with
regard to mitigation.
E. Fees: The Jown sCouncil shall set an application fee schedule sufficient to cover
the cost of town staff time and other expenses incidental to the review of the
application. The fee shall be paid at the time of the application, and shall not be
refundable.
F. Review Process:
Submittal Requirements: The administrator shall establish the submittal
requirements for an employee housing deed restriction exchange application. A
complete list of the submittal requirements shall be maintained by the
administrator and filed in the community development department. Certain
submittal requirements may be waived and/or modified by the administrator
and/or the reviewing body if it is demonstrated by the applicant that the
information and materials required are not relevant to the proposed exchange.
The administrator and/or the reviewing body may require the submission of
additional materials if deemed necessary to properly evaluate the application.
2. Review Procedures:
Town of Vail Page 6
September 6, 2016 - Page 75
a. Administrator Review: The administrator shall review the application for
completeness and compliance with this section, and shall make a determination
of completeness and compliance with this section within fourteen (14) days of
application submittal. Should the administrator deem that the application is
incomplete or not in compliance with this section, the administrator shall deny
the application. Should the administrator deem the application is both complete
and in compliance with this section, the administrator shall forward the
application for review by the Vail ILocal #Housing aAuthority.
b. Vail Local Housing Authority Review: The review of a proposed employee
housing deed restriction exchange application shall be held by the Vail ILocal
#Housing aAuthority at a regularly scheduled meeting. A report of the
community development department staff's findings and recommendations
shall be made at the formal hearing before the Vail ILocal #Housing
aAuthority. Within twenty (20) days of the closing of a public hearing on a
proposed amendment, the Vail ILocal #Housing aAuthority shall act on the
application. The autherity Vail Local Housing Authority may recommend
approval of the application as initiated, may recommend approval with such
modifications as it deems necessary to accomplish the purposes of this title, or
may recommend denial of the application. The a therity Vail Local Housing
Authority shall transmit its recommendation, together with a report on the
public hearing and its deliberations and findings, to the town council.
c. Town Council Review: Upon receipt of the report and recommendation of the
authority, the Jown eCouncil shall set a date for hearing within the following
thirty (30) days. Within twenty (20) days of the closing of a public hearing on the
application, the town council shall act on the application. The Jown ECouncil
shall consider but shall not be bound by the recommendation of the Vail ILocal
#Housing aAuthority. The Jown ECouncil may approve, either in
accordance with the recommendation of the Vail ILocal #Housing aAuthority
or in modified form, or the council may deny the application.
d. Appeal: Administrator and Jown ECouncil 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 ILocal Mousing aAuthority and Vail Jown eCouncil
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 of this title; and
Town of Vail Page 7
September 6, 2016 - Page 76
(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; and
(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.
b. Necessary Findings: Before recommending and/or granting an approval of an
employee housing deed restriction exchange application, the Vail ILocal
#Housing aAuthority and the Vail Jown ECouncil shall make the following
findings with respect to the application:
(1) The application meets the general requirements of subsection D of this
section; and
(2) The application 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
(3) The application furthers the general and specific purposes of the zoning
regulations, section 12-1-2 of this title, and the employee housing
regulations, section 12-13-1 of this chapter; and
(4) The application promotes the health, safety, morals, and general welfare of
the town and promotes 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. (Ord. 10(2011) §§ 1, 2, 3, 4: Ord. 31(2008) § 1)
12-23-6: METHODS OF MITIGATION:
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
Town of Vail Page 8
September 6, 2016 - Page 77
1.25 employees or greater, no less than one-half (1/2) the mitigation of employee
housing required by this chapter shall be accomplished with on site units.
Exceptions: At the sole discretion of the applicable governing body, an exception
may be granted from this subsection 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 1.25 employees.
5. Remaining Portion of Requirement: Any remaining portion of the mitigation
requirement not provided with on site units n4ay 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
Town of Vail Page 9
September 6, 2016 - Page 78
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 134a 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 G* 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 1.25 employees.
Town of Vail Page 10
September 6, 2016 - Page 79
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)
6. At the sole discretion of the Town, an exception may be granted from the
requirements of this Chapter based upon a finding by the Town Council
that exceptional or extraordinary circumstances or conditions apply that
prevent the implementation of the required mitigation methods and a
mutual agreement is reached between the Town and the Applicant with
regard to mitigation.
12-24-6: METHODS OF MITIGATION:
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 four hundred thirty eight (438) square feet or greater, no less than
one-half (1/2) 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 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-IZ" (type
four, inclusionary zoning mitigation) or "type VII-IZ" (type seven, inclusionary
zoning 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.
Town of Vail Page 11
September 6, 2016 - Page 80
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 four hundred thirty eight (438) square feet of EHU floor area.
5. Remaining Portion of Requirement: Any remaining portion of the mitigation
requirement not provided with on site units n4ay 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-IZ" (type four,
inclusionary zoning mitigation) or "type VII-IZ" (type seven, inclusionary zoning
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 of Vail 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 pPlanning and eEnvironmental eCommission, an
applicant may provide off site dormitory units, unless the application is for a
special development district, in which case, the Jown eCouncil, 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 square foot 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
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September 6, 2016 - Page 81
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 the square feet in that
year.
b. An administrative fee, established by resolution of the town council, shall be
added to the amount set forth in subsection 134a 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 opAy 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 four hundred thirty eight (438) square feet of EHU floor area.
5. Conveyance of Vacant Property Off Site: The Jown eCouncil may, at its sole
discretion, accept a conveyance of real property off site in lieu of requiring
construction of EHUs, provided that no covenants, restrictions or issues exist on
the property that would limit the construction of EHUs. (Ord. 1(2008) § 25)
6. At the sole discretion of the Town, an exception may be granted from the
requirements of this Chapter based upon a finding by the Town Council
that exceptional or extraordinary circumstances or conditions apply that
prevent the implementation of the required mitigation methods and a
mutual agreement is reached between the Town and the Applicant with
regard to mitigation.
W_1-31111:8 �W_1kiIkiIIki 11919111iyi14►III &I
Title 12 — Zoning Regulations, Vail Town Code
Purpose:
A. General: These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the town, and to promote the coordinated and
harmonious development of the town in a manner that will conserve and enhance its
natural environment and its established character as a resort and residential community
of high quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
Town of Vail Page 13
September 6, 2016 - Page 82
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and
other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to
lessen congestion in the streets.
4. To promote adequate and appropriately located off street parking and loading
facilities.
5. To conserve and maintain established community qualities and economic values.
6. To encourage a harmonious, convenient, workable relationship among land uses,
consistent with municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with
structures.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable
natural features.
10. To assure adequate open space, recreation opportunities, and other amenities
and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
Section 3-7 Amendment (in part)
A. Prescription: The regulations prescribed in this title and the boundaries of the zone
districts shown on the official zoning map may be amended, or repealed by the town
council in accordance with the procedures prescribed in this chapter.
B. Initiation:
1. An amendment of the regulations of this title or a change in zone district
boundaries may be initiated by the town council on its own motion, by the planning
and environmental commission on its own motion, by petition of any resident or
property owner in the town, or by the administrator.
2. A petition for amendment of the regulations or a change in zone district
boundaries shall be filed on a form to be prescribed by the administrator. The
petition shall include a summary of the proposed revision of the regulations, or a
complete description of proposed changes in zone district boundaries and a map
indicating the existing and proposed zone district boundaries. If the petition is for a
change in zone district boundaries, the petition shall include a list of the owners of all
Town of Vail Page 14
September 6, 2016 - Page 83
properties within the boundaries of the area to be rezoned or changed, and the
property adjacent thereto. The owners' list shall include the names of all owners,
their mailing and street addresses, and the legal description of the property owned
by each. Accompanying the list shall be stamped, addressed envelopes to each
owner to be used for the mailing of the notice of hearing. The petition also shall
include such additional information as prescribed by the administrator.
VI. CRITERIA FOR REVIEW
Section 12-3-7(C)(2) of the Zoning Regulations identifies the factors that the Planning
and Environmental Commission must consider before making a recommendation for a
change to the text of the code. These factors include the following:
1. The extent to which the amendment furthers the general and specific purposes
of the zoning regulations; and
The proposed amendments are intended to further the general and specific purposes of
the zoning regulations. Specifically, the purpose of the text amendments is to further the
creation of deed restricted affordable housing units by restricting the circumstances
where fees in lieu may be used to satisfy employee housing mitigation/exchange
requirements generated by the Inclusionary Zoning, Commercial Linkage or Employee
Housing Deed Restriction Exchange Programs. This in turn will further the Town's goal
of providing deed restricted employee housing for 30% of the workforce. This will
further the specific goals of the Zoning Regulations, including conserving and
maintaining "established community qualities and economic values," encouraging "a
harmonious, convenient, workable relationship among land uses, consistent with
municipal development objectives" and "to otherwise provide for the growth of an
orderly and viable community. "
Therefore, staff finds this criterion to be met.
2. The extent to which the amendment would better implement and better achieve
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
The Town of Vail adopted the Employee Housing Strategic Plan on September 2,
2008 and established the goal "to ensure there is deed restricted housing for at least
30% of Vail's workforce within the Town of Vail." The proposed amendment works to
better achieve this goal through the restricting the circumstances where fees in lieu may
be used and in turn by requiring the creation of deed restricted employee housing.
Therefore, staff finds this criterion to be met.
3. The extent to which the amendment demonstrates how conditions have
substantially changed since the adoption of the subject regulation and how the
existing regulation is no longer appropriate or is inapplicable; and
Town of Vail Page 15
September 6, 2016 - Page 84
The current policy pertaining to the acceptance of fees in lieu have not had the desired
outcome of increasing the supply of deed restricted employee housing in the
community. Staff has found that the acceptance of fees in lieu for anything more than a
fractional requirement is a less desirable outcome than incrementally increasing the
inventory of deed restricted employee housing units. The amendment, resulting from the
porposed change in policy, is intended to better achieve the stated goal.
Therefore, staff finds this criterion to be met.
4. The extent to which the amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
The proposed amendments are intended to provide clear policy, terminology, and
consistent defined terms within the Vail Town Code so that land use regulations are
consistent with municipal development objectives to affect a positive outcome.
Therefore, staff finds this criterion to be met.
5. Such other factors and criteria the planning and environmental commission
and/or council deem applicable to the proposed text amendment.
VII. STAFF RECOMMENDATION
Based upon the analysis of the review criteria contained in Section VI of this
memorandum, the Community Development Department recommends that the Planning
and Environmental Commission make a recommendation to the Vail Town Council to
approve the Prescribed Regulations Amendment, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to amend Section 12-13-5, Employee Housing;
Employee Housing Unit Deed Restriction Exchange Program, Section 12-23-6,
Commercial Linkage; Methods of Mitigation, and Section 12-24-6, Inclusionary Zoning;
Methods of Mitigation, Vail Town Code, concerning the payment of Fees in Lieu of
providing Employee Housing and setting forth details in regard thereto (PEC16-0025).
If the Planning and Environmental Commission chooses to recommend approval of the
proposed text amendments, the Community Development Department recommends the
following motion:
"The Planning and Environmental Commission forwards a recommendation of
approval to the Vail Town Council for a Prescribed Regulations Amendment,
pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-
13-5, Employee Housing, Employee Housing Unit Deed Restriction Exchange
Program, Section 12-23-6, Commercial Linkage; Methods of Mitigation, and
Section 12-24-6, Inclusionary Zoning, Methods of Mitigation, Vail Town Code,
concerning the payment of Fees in Lieu of providing Employee Housing and
setting forth details in regard thereto."
Town of Vail Page 16
September 6, 2016 - Page 85
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
Commission makes the following findings:
'Based upon the review of the criteria outlined in Section VI this
memorandum, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
1. That the amendment 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
2. That the amendment furthers the general and specific purposes of the
zoning regulations; and
3. That the amendment promotes the health, safety, morals, and general
welfare of the town and promotes 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.
VIII. ATTACHMENTS
A. Proposed text changes matrix
Town of Vail Page 17
September 6, 2016 - Page 86
TOWN Of VA10
PLANNING AND ENVIRONMENTAL COMMISSION
August 8, 2016, 1:00 PM
Vail Town Council Chambers
75 S. Frontage Road - Vail, Colorado, 81657
Call to Order
Members Present: Chairman Rediker, Brian Gillette, Henry Pratt, Ludwig Kurz and
Brian Stockmar
Absent: John Ryan Lockman, Kirk Hansen
2. A request for the review of a variance from Section 11-6-3: Business Signs and
Section 11-6-4: Building Identification Signs, Vail Town Code, pursuant to Section 11-
10-1: Variances, Vail Town Code, to allowfor a Business Sign in excess of six (6)
square feet and a wall mounted sign to be placed higher than twenty five feet (25)
above existing grade, located at 1775 Sunburst Drive (Vail Golf & Nordic Clubhouse) /
Lot 3, Sunburst Filing 3, and setting forth details in regard thereto. (PEC16-0028) - 15
min.
Applicant: Town of Vail, represented by Greg Hall
Planner: Jonathan Spence
Action: Approve the Sign Height Variance w/ conditions (sign in excess of 6 sq. ft.
not approved.)
Motion: Pratt Second: Kurz Vote: 4-1-0 (Gillette opposed)
Spence — Summarized the Town's three (3) sign districts and referenced graphics
depicting the locations and dimensions of the proposed signage. The golf course is
located within Sign District 1, which is intended for pedestrian -oriented businesses.
The golf course, being automobile -oriented, is therefore requesting two (2) signage
variations from the underlying sign district; one (1) variance to exceed the maximum
allowed size and one (1) variance to exceed the maximum allowed height.
Kurz — Asked for clarification of the height of the sign.
Stockmar — What is across the street from the property and have there been any
neighbor comments?
Spence — The golf course townhomes are across the street and the owners were
notified of the request, but there have been no comments.
Gillette — What size were the previous signs?
Spence — Does not know.
Rediker — Why does only one of the signs require a size variance?
September 6, 2016 - Page 87
Spence — Sign size is calculated based on frontages. The building is allowed a sign up
to fifty (50) square feet and the tenant is allowed up to six (6) square feet.
Public Comment — There was none.
Kurz — Has the rest of the signage been approved by the DRB?
Spence — No, it will be reviewed separately by the DRB in the near future and it is
anticipated that the signage will be staff approved.
Kurz — Believes the signage is appropriate and is in favor of the requested variances.
Pratt — Supports the request for the sign height variance, but is unsure about the sign
size variance for the tenant.
Spence — Mentioned that if the property were located in Sign District 2, the proposed
tenant sign would be permitted by right.
Gillette — Does not support either requested variance because he believes everyone
will know that the property is a golf course.
Spence — Different properties within the same sign district have different circumstances.
Stockmar — Supports the sign height variance, but is concerned about the size of the
tenant sign. Would like the two (2) requests to be separated.
Rediker — Agrees with other Commissioners in that he supports the sign height
variance request, but not the sign size variance request. Believes there are other
solutions available, and that the sign size variance request does not fulfill the three (3)
criteria for a sign variance.
3. A request for a major amendment to SDD No. 24, Warner Development, pursuant to
Section 12-9A-10, Amendment Procedures, Vail Town Code to remove Section 5,
Item 3, requiring the pool area on Lot 4 to be permanently restricted to a pool, from
the conditions of approval within Ordinance No. 11, Series of 1990, located at 1825
Sunburst Drive/Lot 4, Vail Valley Filing 3, and setting forth details in regard thereto
(PEC16-0027). - 30 min.
Applicant: Deborah Webster, represented by Current Architects
Planner: Matt Panfil
Action: Approve
Motion: Stockmar Second: Gillette Vote: 5-0-0
Panfil — Summarized the request contained in the application.
Rediker — Is the site compliant with site coverage requirements?
Panfil — Yes.
Pratt — Under the SDD, what variations from the underlying zoning are there to be
September 6, 2016 - Page 88
gained?
Panfil — GRFA and site coverage were different at time of SDD approval.
Pratt — Today's underlying zoning requires 20% site coverage?
Panfil — Confirmed by today's zoning.
Rediker — Why are there three lots included in the SDD rather than one?
Panfil — The decision was made at time of SDD, but he does not have all of the details.
Rediker — Explain again the EH Us on the site and how they are related to the swimming
pool?
Panfil — Clarified the EHU conditions on the site as being a public benefit in exchange
for additional GRFA and site coverage.
Michael Current, Current Architects, representing the applicant provided an overview of
the request.
Stockmar — Are there any current plans to make further changes to the property?
Michael Current — No changes at this time are anticipated.
Pratt — Has the applicant contemplated abolishing the SDD?
Michael Current — Contemplated the idea, but this specific request is narrow.
Rediker — Opened public hearing. No public comment.
Rediker - Opened Commissioner comment.
Stockmar — Concerned about site coverage but the request does not appear that it will
affect anything else as it is an existing developed property. The request speaks to
unintended consequences of changes in land use policy.
Pratt — Question for George Ruther about how many lots were originally plotted?
Ruther — Confirmed three lots.
Pratt — GRFA and site coverage are a concern of granting special privilege. Favors
abolishing the SDD altogether to eliminate issues and then default to underlying zoning.
Kurz — Concurs with Commissioner Pratt.
Applicant requests to speak to issues raised by Commission. Site coverage is integral
to the structure at this time. Structure has been in place since 1990 and the pool area is
nearly entirely subterranean.
Stockmar — Asked applicant to clarify how the space will be utilized? May change bulk
September 6, 2016 - Page 89
and mass and footprint.
Gillette — Asked for clarification as to the approval process by council.
Ruther — The SDD was originally approved with deviations from GRFA and site
coverage, but changes over time have made it now compliant with GRFA.
Gillette — Concerned with original council approval that the pool was to remain in
perpetuity.
Pratt — Site coverage overage is not entirely due to the pool. Normally an applicant
would have to bring more detailed development plans to remove a specific element of
the original plan.
Ruther — Any future changes that did not comply with zoning would need to return to
the PEC.
Gillette — By the SDD standards, how much GRFA remains? How much GRFA remains
by underlying zoning?
Panfil — Provided data.
Rediker— Is the EHU currently occupied?
Deborah Webster, owner of 1825 Sunburst Drive — No, the EHU is not currently
occupied. It was until two months ago, but the property was under contract so the
lease was not renewed.
Stockmar — Does a PEC approval today affect the requirements of the EHU?
Panfil — No.
4. A request for a recommendation to the Vail Town Council for a Prescribed
Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to
amend Section 12-15-3, Definition, Calculations, and Exclusions, Vail Town Code
concerning the definition of Gross Residential Floor Area (GRFA) and setting forth
details in regard thereto (PEC 16-0024). - 60 min.
Applicant: Town of Vail
Planner: Chris Neubecker
Action: Continue to August 22, 2016
Motion: Gillette Second: Kurz Vote: 4-1-0 (Rediker opposed)
Neubecker — Summarized the request and options contained in the application.
Rediker — Opened for questions from board to the staff.
Pratt — Asked to clarify why a six foot (6') difference in floor levels was chosen.
Neubecker — Explained process whereby staff arrived at six foot (6') floor height. That
number has been used by staff and development community, now being codified.
September 6, 2016 - Page 90
Rediker — Option 1 is really a change of code, not just policy. From Option 2, how is six
foot (6) floor height not a code change and what is the justification?
Neubecker — It is a change in code, used to implement current policy. Option 2 would
change an interpretation used by staff for some time. The six foot (6) step change
would provide flexibility.
Gillette — Described floor level separation from construction perspective. Believes it
leads to better architecture. Would Mike Suman's plans have passed if this were
implemented? Was there a step greater than six feet (6') in those plans?
Neubecker — The Suman house does have steps greater than six feet (6).
Gillette — The number is arbitrary and should not dictate design. The lowest level should
be any level throughout the house with no other GRFA below it. Most people don't want
subterranean space.
Rediker — Opened public comment.
Ron Byrne — Does not understand intent of six foot (6') floor level restriction proposed.
End goal should be equality between homeowners. Does not agree with any of the
options presented by staff.
Adam Gilmer, Berglund Architects — Agrees with Ron Byrne; the rules should be equal
for both homeowners. Six foot (6) step proposed is arbitrary. Differentiate "unit" from
"structure" and measuring from party wall is already being done from existing grade.
Planning department at one time considered each unit of a duplex a structure.
Rediker — Closed public comment. Opened commissioner comments.
Kurz — Does not feel the options presented are adequate to address the issues at this
time.
Pratt — Option 1 is more equitable but is a much more significant change. Option 2 is
closer and more equitable, but six foot (6') step restriction is too arbitrary. Should be the
lowest level on each side. Option 3 (no action) is not an option.
Gillette — Does not understand equitable argument. Does not think a buyer of a duplex
is entitled to equity. Questions the purpose of basement deduction and thinks if it is
underground and doesn't affect bulk and mass then it should not count as GRFA.
Stockmar — Difference between equity and fairness. GRFA rules have become too
complex. Agrees with Commissioner Kurz, the options presented do not fix the
problem. Inclined to defer action on the application.
Rediker — Option 1 is not right; Option 2 provides more equity and certainty but
concerned that six foot (6') step restriction is arbitrary. Inclined to modify Option 2 to
move the application forward.
Gillette — Was happy to see the other zone districts added in to application.
September 6, 2016 - Page 91
Ruther — Asked PEC to provide better direction and reiterated that we are moving away
from a clarification and more toward a wholesale code amendment.
Spence — Clarified six foot step (6') was chosen to allow for different floor levels on the
lowest level of the structure, such as a sunken media room.
Neubecker — Clarified how a structure is measured in response to comments by Pratt.
Gillette — How are the levels actually calculated?
Neubecker — Percentage below grade is calculated as one structure, not as two units
and then split between the units.
Ruther — Staff needs to test going beyond the six foot (6') restriction and see if it works.
Pratt — Not comfortable with six foot (6') step restriction.
Gillette — What number is the right sized step then? Six foot (6') is not enough because
an uphill unit (of a duplex) would not get the deduction if it is higher than six feet (6')
from other floor. If it is subterranean they should get the credit as the lowest level.
Come back to PEC with options specific to the levels.
Ron Byrne asked Chairman Rediker to speak — Permission granted.
Pratt — Asked whether to go to Council for more direction?
Ruther — Best to keep the issue with PEC at this time. Recommend testing a couple of
new ideas presented today and return to PEC with findings. Will also better justify the
rationale and justification of the proposed step.
Rediker — If the PEC is comfortable with Option 2, then consider a motion to approve.
Options are Option 2, or continue the application to a later date.
5. A request for a recommendation to the Vail Town Council for a Prescribed
Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code,
to amend Section 12-13-5, Employee Housing; Employee Housing Unit Deed
Restriction Exchange Program, Section 12-23-6, Commercial Linkage; Methods of
Mitigation, and Section 12-24-6, Inclusionary Zoning; Methods of Mitigation, Vail
Town Code, concerning the payment of Fees in Lieu of providing Employee Housing
and setting forth details in regard thereto (PEC16-0025). - 60 min.
Applicant: Town of Vail
Planner: Alan Nazzaro
Action: Approve
Motion: Kurz Second: Stockmar Vote: 5-0-0
Nazzaro — Summarized the request.
Rediker — What is the main purpose behind this proposed amendment?
September 6, 2016 - Page 92
Nazzaro — Keep deed restrictions we have for Town inventory of units.
Rediker — So it will mostly impact new development?
Nazzaro — Correct.
Gillette — Not limiting an applicant's ability to acquire another property to deed restrict?
Nazzaro — Correct.
Pratt — Strictly for off-site units?
Nazzaro — Would have to find another property or deed restriction.
Gillette — The purpose is to have someone fulfill the EHU obligation rather than just pay.
Rediker — Clarify unit size?
Nazzaro — Clarified the proposed requirements.
Pratt — Clarify the number of employees vs number of units as contained in the
requirements.
Ruther — Clarified.
Rediker — Has an analysis of relative costs been performed? Economic analysis on
redevelopment?
Nazzaro — The proposed Housing Strategic Plan recommends that the Town also
purchase deed restrictions if funding ok by Council.
Rediker — Opened to public comment. No public comment. Closed public comment.
Kurz — In favor of the application and agrees with the intent not to produce revenue but
produce actual units.
Pratt — The Town's goal is to house 30% of the workforce and the Town is falling short
and with this an applicant cannot write a check out of it.
Gillette — Thinks the application is great.
Stockmar — Feels it is important that the Town have adequate housing opportunities.
Very much in favor of the application.
Rediker — Sees the changes to be beneficial to the Town's goals. Cuts down on
applicants punting the job of finding housing by writing a check.
Approval of Minutes
July 25, 2016 PEC Meeting Results
September 6, 2016 - Page 93
Action: Approve
Motion: Kurz Second: Stockmar Vote: 5-0-0
Informational Update - View Corridors — Brian Garner
Adjournment
September 6, 2016 - Page 94
TOWN OF VAIP
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Ordinance No. 24, Series 2016, First Reading, An Ordinance Amending Sections
of Chapter 2 in the Vail Town Code to Update the Investment Policy for the Town of Vail
PRESENTER(S): Kathleen Halloran, Finance Director
ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 21,
Series 2016
BACKGROUND: The town's investment policy has not been updated in over 15 years. The
proposed ordinance will update the policy to slightly broaden categories of investments that the
town is allowed to participate in, as well as make administrative updates.
STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 24, Series
2016
ATTACHMENTS:
Description
Investments
September 6, 2016 - Page 95
TOWN OF VAIL.00-1
TO: Vail Town Council
FROM: Finance Department
DATE: September 6, 2016
SUBJECT: Updates to the Town of Vail Investment Policy
I. SUMMARY
The town's investment policy is documented within the Town Charter (Title 2, Chapter 2
"Investment Policy"). The proposed ordinance will update the policy to slightly broaden
categories of investments that the town is allowed to participate in, as well as make
administrative changes.
II. DISCUSSION
The purpose of the town's Investment Policy is to establish the investment scope, objectives,
delegation of authority, standards of prudence, reporting requirements, internal controls, eligible
investments and transactions, diversification requirements, risk tolerance, and safekeeping and
custodial procedures for the investment of the funds of the town.
Attached is a "red -lined" draft of the town's current investment policy with all proposed changes
clearly highlighted, and Ordinance No 24, Series 2016 recording those changes. There are
three main categories of updates to this policy:
1). Administrative -type changes such as the updating of position titles and broadening
those to allow future organizational changes. Another "clean-up" item is the amount of
FDIC insurance on deposits. The outdated insurance amount of $100,000 limits the
town on certificates of deposit. Revising our policy to include not only the current
amount of $250,000 but also broadening the definition to "amount currently insured by
the FDIC" will keep the town's policy up-to-date going forward.
2).Updates to the policy to clarify the "Statement of Purpose" and the streamlining of
definitions under the "Objective" section of the document. These revisions do not
change the intent of the original policy.
3). A broadening of the type of suitable investments to include taxable municipal
bonds. Adding this option will allow the town to further diversify investments, potentially
increase investment earnings (although not significantly), and maintain the town's
conservative investment parameters.
September 6, 2016 - Page 96
General highlights of the town's investment policy include the following:
• Primary objectives are safety, liquidity and yield, in that order
• Investments shall be made with judgment and care
• Management responsibility for the investment program is held by the Town Manager and
appointed designees
• The types of financial institutions that are qualified to entrust town funds are listed
• Internal controls such as segregation of duties and documentation of transactions are
detailed
• A listing of suitable types of investments are provided, as well as the maximum
percentage allowable for each type
• Reporting of investments on a quarterly basis, including an annual presentation to
Council
III. REQUEST OF COUNCIL
Staff recommends approval of Ordinance No. 24, Series 2016 upon first reading.
Town of Vail Page 2
September 6, 2016 - Page 97
Chapter 2
INVESTMENT POLICYq'
2-2-1: STATEMENT OF PURPOSE:
2-2-2: SCOPE:
2-2-3: OBJECTIVE:
2-2-4: STANDARDS OF CARE:
2-2-5: SAFEKEEPING AND CUSTODY:
2-2-6: SUITABLE AND AUTHORIZED INVESTMENTS:
2-2-7: INVESTMENT PARAMETERS:
2-2-8: REPORTING:
2-2-9: POLICY:
2-2-1: STATEMENT OF PIJRPOSE:q�'-
The purpose of this Investment Policy is to establish the investment scope, objectives, delegation of authority,
standards of prudence, reporting requirements, internal controls, eligible investments and transactions,
diversification requirements, risk tolerance, and safekeeping and custodial procedures for the investment of the
funds of the Town of Vail, Colorado (hereby referred to as the 'Town").
The investment policy of the Vail Town Council for the Town of Vail represents the financial boundaries within which
its cash management process will operate. (Ord. 3(1997) § 1)
2-2-2: SCOPE:.
The investment policy applies to all financial funds of the Town ofVa it (hereby referredtoastthe "TOWR"), except the
Pension Trust Fund. (Ord. 3(1997) § 1)
2-2-3: OBJECTIVE:',
The primary objectives, in priority of order, of investment activities shall be:
A. Safety: Safety of principal is the foremost objective of the investment program. Investments shall be undertaken
in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to
mitigate credit risk and interest rate risk.
1. Credit Risk: Credit risk is the risk of loss due to the failure of the security issuer or backer. Credit risk may be
mitigated by restricting the types of securities which may be purchased, their credit ratings, and through
diversification to reduce exposure to any one security type or issuer.:
2. Interest Rate Risk: Interest rate risk is the risk that the market value of securities in the portfolio will fall due to
changes in general interest rates. Interest rate risk may be mitigated by holding most investments to their maturity
date, by limiting the types and maturities of permitted securities and, when feasible, by selecting maturities of
investments to coincide with large cash outflows.:
thereby aVG'd*Rg the need te sell seGuritie6 9R the open market pFier to Friaturity, and
r Formatted: Left: 0.5", Right: 0.5", Top:
0.5", Bottom: 0.5"
September 6, 2016 - Page 98
Liquidity: The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be
reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent
with cash needs to meet anticipated demands (static liquidity). Furthermore, since all possible cash demands
cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets
(dynamic liquidity).
C. Yield: After the objectives of safety and liquidity are met, the investment portfolio shall be managed with the
objective of attaining a market rate of return throughout interest rate cycles.
The iRVeGtM8Rt pergelia shall be deGigRed with the ebj8GtiVe ef attaiRiRg a maFket rate Af rpt, irn threugheut
budgetary and eGGRGFn*G GyGleS, takiRg ORW -area, -nt thp 'nvpstrnent r',.;k Ponstraints and liquidity Reeds. RetWFR GR
RvestmeRt is of least irnpoFtaRee eempaFedl to the safety and liquidity obje6tives deSGFibed above. The core of
investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being
assumed.
Speculative investments will not be allowed. Speculative investments are those attempting to gain market premium
appreciation through short term market volatility resulting in increased risk and loss exposure. The Town will not
purchase a security which cannot be held to maturity. This does not mean an investment cannot be sold prior to
maturity. (Ord. 3(1997) § 1)
2-2-4: STANDARDS OF CARE: t
A. Prudence:
The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be
applied in the context of managing an overall portfolio. Investment officers acting in accordance with written
procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an
individual security's credit risk or market price changes, provided deviations from expectations are reported in a
timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this policy.
Investments shall be made with judgment and care, under circumstances then prevailing, which persons of
prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for
investment, considering the probable safety of their capital as well as the probable income to be derived.
Ethics And Conflicts Of Interest: Officers and employees involved in the investment process shall refrain from
personal business activity that could conflict with the proper execution and management of the investment
program, or that could impair their ability to make impartial decisions. Employees and investment officials shall
disclose any material interest in financial institutions with which they conduct business. They shall further
disclose any personal financial/investment positions that could be related to the performance of the investment
portfolio. Employees and officers shall refrain from undertaking personal investments transactions with the same
individual with whom business is conducted on behalf of their entity.
C. Delegation Of Authority:
September 6, 2016 - Page 99
1. Management responsibility for the investment program is held by the Town Manager and appointed designees. No
employee may engage in an investment transaction except as provided under the terms of this policy and any
procedures which may be established by the Town Manager. The Town Manager shall review the quarterly
investment report (see Section 2-2-8 of this Chapter).
2. There is hereby created an Investment Committee, consisting of the Town Manager, Finance Director, and the
Finance Controller or such comparable positions as may exist from time to time. Members of the Committee will
meet at least quarterly to determine general strategies and to monitor results. Minutes of the decisions made by the
Investment Committee shall be kept on file in the Town Clerk's office. The Committee shall include in its review and
deliberations such topics as: potential risks, authorized depositories, rate of return, maturity structure and
investment transactions.
. It shall be the duty of the Finance Serffreller Director or his/her appointed designee to manage the day-to-day
operations of the portfolio, and place actual purchase/sell orders with institutions. In the absence of the
SentrellerFinance Director, the r'n^nce D're^+^ran appointed designee shall assume these duties. The Finance
SentrelleFDirector or his/her appointed desig+nee shall +^tir�ti ^ �•,�*^ ^f •••.;++^^ ;^+^. ^' ^^ +.^'maintain
internal procedures for investing which provide appropriate investment and accounting controls and; which shall be
shall be available for reviewed annually by the independent auditor.
4. Management of a portion of the portfolio and placing of buy/sell orders for a portion of the portfolio may be
delegated to an independent investment manager designated by the Town Council. The transactions of any
selected independent investment manager will be subject to the Town's investment policy and will be reviewed and
verified by the Finance Department.
5. The authority for the investment philosophy and selection of investment managers for the Town of Vail Employee
Pension Plan and the Town of Vail Police and Fire Employees Pension Plan shall be the responsibility of the
"pension plan trustee" as defined in the pension plan document. (Ord. 3(1997) § 1)
2-2-5: SAFEKEEPING AND CUSTODY:C
A. Authorized Financial Dealer And Institution:
Qualified banks can only be commercial banks and the Town's investment with the bank may be in excess of two
hundred and fifty thousand dollars ($250,000.00) or whatever amount is currently insured by the FDIC. ^n^ " en,+,-e,+^d
thausand dollars ($1 00,000 -.0%. -The Town's Finance G^ntre"^F Director or his/her appointed designee shall obtain
and review whatever documents are necessary to verify the bank's continued stability including the monthly listing of
securities pledged for collateralization to monitor the bank's collateralization of Town deposits.
2. Nonqualified banks can be either commercial banks or savings and loans or savings banks and the Town's
investment with the bank will not be in excess of 9Re44uPAredtwo hundred and fifty thousand dollars
{$100;000 00}($250,000.00) or whatever amount is currently insured by the FDIC. The Finance Sentreller Director
or his/her appointed designee shall inquire with bank officials and/or review an independent bank evaluation to
determine the bank meets the standard selection criteria established by the Investment Committee.
The Town shall has selected a primary bank, which bank the Town uses to process daily deposits and checks, It is
the responsibility of the -Investment Committee to determine that the bank continues to meet the Committee's
standard selection criteria. at the At the discretion of the Investment Committee, whether the bank continues to
meet the criteria or not, a new bank may be selected as the primary bank. . A formal
request for proposal should be used in the selection process.
The Town shall maintain a list of banks and securities dealers approved for securities transactions initiated by the
town, and it shall be the policy of the town to purchase securities only from those authorized firms. Securities
dealers not affiliated with a bank shall be required to be classified as reporting dealers affiliated with the New York
Federal Reserve Bank, as primary dealers. Broker/dealers which are not primary dealers may be used if they have
been approved by the Investment Committee. The Investment committee shall develop and document the
methodology for qualifying non_primary broker/dealers.
September 6, 2016 - Page 100 c
B. Internal Controls:
�. The Finance r^^'r^"er and FiRaRGe Director are is responsible for establishing and maintaining an internal control
structure designed to ensure that the assets of the entity are protected from loss, theft, or misuse. The internal
control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of
reasonable assurance recognizes that: a) the cost of a control should not exceed the benefits likely to be derived;
and b) the valuation of costs and benefits requires estimates and judgments by management.
. Accordingly, the Finance Seatro"Pr Director shall establish a process for annual independent review by an external
auditor to assure compliance with policies and procedures. The internal controls shall address the following points:
a. Control Of Collusion: Collusion is a situation where two (2) or more employees are working in conjunction to defraud
their employer.
b. Separation Of Transaction Authority From Accounting And Record Keeping: By separating the person who
authorizes or performs the transaction from the people who record or otherwise account for the transaction, a
separation of duties is achieved.
c. Custodial Safekeeping: Securities purchased from any bank or dealer shall be placed with an independent third
party designated as primary agent for custodial safekeeping. The primary agent shall issue a safekeeping receipt to
the Town listing the specific instrument, rate, maturity, and other information. Securities may be purchased from the
primary agent's brokerage department and safekept by the same bank's trust department.
d. Avoidance Of Physical Delivery Securities: Book entry securities are much easier to transfer and account for since
actual delivery of a document never takes place. Delivered securities must be properly safeguarded against loss or
destruction. The potential for fraud and loss increases with physically delivered securities.
e. Clear Designation Of Authority To Subordinate Staff Members: Subordinate staff members must have a clear
understanding of their authority and responsibilities to avoid improper actions. Clear delegation of authority also
preserves the internal control structure that is contingent on the various staff positions and their respective
responsibilities.
t1. Written Confirmation Orf Telephone Transactions For Investments And Wire Transfers: Due to the potential for error
and improprieties arising from telephone transactions, all telephone transactions should be supported by written
communications and approved by the appropriate person. Written communications may be via email, fax if on
letterhead and the safekeeping institution has a list of authorized signatures.
C. Delivery Versus Payment: All trades where applicable will be executed by delivery versus payment (DVP). This
ensures that securities are deposited in the eligible financial institution prior to release of funds. Securities will be
held by a third party custodian as evidenced by safekeeping receipts. (Ord. 3(1997) § 1)
2-2-6: SUITABLE AND AUTHORIZED INVESTMENTS:`?
A. Types Of Accounts Or Securities: The Town shall invest in the following accounts, or securities:
1. Fully collateralized or insured interest bearing checking accounts, savings accounts, and certificates of deposit at
commercial banks with amount not to exceed Anp. h, ndredtwo hundred and fifty thousand dollars
000.00) or the current FDIC limit if the bank is not designated as a qualified institution by the
Investment Committee.
A commercial bank may use any securities authorized by the Public Deposit Protection Act as collateral.
September 6, 2016 - Page 101 c
2. Certificates of deposit at savings and loan associations insured by the FDIC or other agency of the Federal
government with amount not to exceed ni„ 8th OP --two hundred fifty thousand dollars ($250,0)0.00).($99-;090-99) or
the current FDIC limit -
Deposits with savings banks insured by the FDIC with amount not to exceed n'nety nipetwo hundred fifty thousand
dollars ($99,001.04. or the current FDIC Imit.
3. a. Any security issued by, guaranteed by, or for which the credit of any of the following is pledged for payment: The
United States, a Federal Farm Credit Bank, the Federal Land Bank, a Federal Home Loan Bank, the Federal Home
Loan Mortgage Corporation, the Federal National Mortgage Association, or the Government National Mortgage
Association.
b. (1) Any security issued by, guaranteed by, or for which the credit of the following is pledged for payment: an entity or
organization which is not listed in subsection A3a of this Section but which is created by, or the creation of which is
authorized by, legislation enacted by the United States Congress and which is subject to control by the Federal
government which is at least as extensive as that which governs an entity or organization listed in subsection A3a of
this Section.
(2) No security may be purchased pursuant to this subsection A3b(2) unless, at the time of purchase, the security is t Formatted: Indent: First line: 0"
rated in its highest rating category by one or more nationally recognized organizations which regularly rate such
obligations.
4. Colorado Investment Pools: The Town may participate in a Colorado Public Investment Pool, the Colorado Local
Government Liquid Asset Trust or other similar local government pools organized in conformity with Colorado
Revised Statutes title 24, article 75, part 7, which provides specific authority for pooling of local government funds.
5. Any money market fund that is registered as an investment company under the Federal "Investment Company Act
of 1940", as amended, if, at the time the investing public entity invests in such fund:
a. The investment policies of the fund include seeking to maintain a constant share price;
b. No sales or load fee is added to the purchase price or deducted from the redemption price of the investments in
the fund.
O. -No load mutual funds that invest in mortgage backed securities issued by the Government National Mortgage
Association (GNMA) or the Federal National Mortgage Association (FNMA), or the Federal Home Loan Mortgage
Corporation (FHLMC).
1
7. Repurchase agreements with either qualified commercial banks or a primary securities dealer for which a properly
executed master repurchase agreement has been entered into by the Town. Repurchase agreements involving
ooled collateral shall be avoided. The securities used as collateral shall be safekept in accordance with Section 2=2-
, "Safekeeping and Custody" of this Chapter.
IF`
B. Criteria For Choice:
1. If a specific maturity date is required for cash flow purposes, bids will be requested for instruments which meet the
maturity requirement. If no specific maturity is required, a market trend (yield curve) analysis will be conducted to
determine which maturities would be most advantageous. After selecting a type of instrument at least two (2) bids
should be obtained from similar institutions. Two (2) bids are not required if treasury bills or notes are purchased at
a treasury auction or for overnight or open -term repurchase transactions.
t Formatted: Indent: First line: 0"
Formatted: Indent: Left: -0.13", First line: 0"
September 6, 2016 - Page 102 c
2. The Town may place an investment with a local institution that is not the highest bidder, provided the bid is not more
than twenty five (25) basis points below the highest bidder.
3. The rate of interest must be at least equivalent to the average rate of return available in the market place.
¢. It is the responsibility of the Finance Controller Director to demonstrate compliance with this Section. A "local
institution" is defined as a bank or savings and loan association doing business inside the corporate limits of the
Town of Vail and/or Eagle County.
C. Interest Allocation Method: All investments will be in the name of the Town and in most cases it will be a general
policy of the Town to pool all available operating cash into a treasury cash management investment portfolio.
However, a specific investment purchased by a specific fund shall incur all earnings and expenses to that
particular fund. Interest earnings from pooled funds shall be allocated to all participating funds Onthefollowing
order -based on the average monthly cash balance of each fund included in the common portfolio for the earning
period.
D. Funds Borrowing From Pooled Cash Fund: All funds may borrow cash from the pooled cash fund in order to
cover shortfalls in their equity in pooled cash. The interest rate charged shall be equal to the interest rate earned
on the pool at the time the money is borrowed. (Ord. 3(1997) § 1)
2-2-7: INVESTMENT PARAMETERS:
A. Portfolio Diversification:
1. The Town will diversify use of investment instruments to avoid incurring unreasonable risks inherent in overinvesting
in specific instruments, and individual financial institutions.
Maximum
Percent of
Portfolio
Diversification By Instrument:
Money market and interest
50%
bearing checking accounts
with commercial banks
Money market funds
500/6
U.S. Treasury obligations
100%
(Bills, notes and bonds)
U.S. government agency
F,00%
September 6, 2016 - Page 103 c
securities
(per subsection 2-2-6A3a)
U.S. government agency 25%
securities
(per subsection 2-2-6A3b(1))
Taxable Municipal Securities 20%
Repurchase agreements 750/6
Certificate of deposit 100%
commercial banks or
savings banks
Certificate of deposit savings2
and loan association
Local government investment 100%
pool
Diversification By Financial Institution:
Repurchase agreements
No more than 50% of the total investment
portfolio shall be secured in repos with
any one institution.
Certificates of deposit _ commercial bank:
No more than 20% of the total investment
portfolio shall be secured in any one
commercial bank's CDs.
2. If the amount of any of the above investments are in excess of the percentage allowed, it is not considered a
violation of this policy if the amount is corrected within thirty (30) days.
B. Maturity Scheduling: Investment maturities for operating funds shall be scheduled to coincide with projected cash
flow needs, taking into account large routine expenditures (payroll, bond payments) as well as considering
sizeable blocks of anticipated revenue (sales tax, property tax). The period from the date of purchase of a
security to its maturity date will be five (5) years or less except for transactions initiated by an appointed
independent investment manager, or if authorized by the Town Council. (Ord. 3(1997) § 1)
2-2-8: REPORTING:ql
A. Methods: The Finance CGR#etteFDirector or his/her appointed designee will submit a quarterly investment report
which discloses investments on the last day of each hent 4the quarter. This report will be distributed to the Town
Manager; and Town Council members., and the r'^^^^^ ^'•^^'^ The Finance (;oRt Ilei Director or designee
will present at least annually the investment report to the Town Council.
B. Performance Standards: The investment portfolio will be managed in accordance with the parameters specified
within this policy. The portfolio should obtain a market average rate of return during a market/economic
environment of stable interest rates. Portfolio performance should be compared to appropriate benchmarks on a
regular basis.
September 6, 2016 - Page 104 (
C. Marking To Market: A statement of the market value of investments having a remaining maturity exceeding two
(2) years shall be issued at least quarterly. This will ensure that the minimal amount of review has been
performed on such long-term investments in terms of value and subsequent price volatility.
D. Monitoring And Adjusting Portfolio: The Finance GentmlleFDirector or his/her appointed designee will routinely
monitor the contents of the portfolio, the available markets and the relative values of competing instruments, and
will adjust the portfolio accordingly. (Ord. 3(1997) § 1)
2-2-9: POLIMC
A. Exemption: Any investment currently held that does not meet the guidelines of this policy shall be exempted from
the requirements of this policy. At maturity or liquidation, such monies shall be reinvested only as provided by
this policy.
B. Policy Review: The investment policy shall be reviewed annually by the Investment Committee. A
recommendation will be made annaally-periodically to the Town Council for any proposed changes to the
investment policy. (Ord. 3(1997) § 1)
September 6, 2016 - Page 105 c
ORDINANCE NO. 24
SERIES 2016
AN ORDINANCE AMENDING SECTIONS 2-2-1, 2-2-2, 2-2-3, 2-2-4, 2-2-
5, 2-2-6, 2-2-7, 2-2-8 AND 2-2-9 OF THE VAIL TOWN CODE TO
UPDATE THE INVESTMENT POLICY FOR THE TOWN OF VAIL
WHEREAS, the Town Code is currently outdated regarding FDIC insurance
limits and organizational titles and
WHEREAS, the Town Council would like to expand the definition of suitable and
authorized investments and
WHEREAS, in an effort to clarify the Town's investment purpose and objective
statements, the Town Council desires to amend the Town Code effective October 1,
2016 to include the revisions stated below
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. The "Statement of Purpose" as outlined in Section 2-2-1 of the Vail
Town Code is hereby amended to read as follows:
2-2-1: STATEMENT OF PURPOSE:
The purpose of this Investment Policy is to establish the investment scope, objectives,
delegation of authority, standards of prudence, reporting requirements, internal controls,
eligible investments and transactions, diversification requirements, risk tolerance, and
safekeeping and custodial procedures for the investment of the funds of the Town of
Vail, Colorado (hereby referred to as the "Town"). The investment policy of the Vail Town
Council for the Town of Vail represents the financial boundaries within which its cash
management process will operate. (Ord. 3(1997) § 1)
Section 2. The "Scope" as outlined in Section 2-2-2 of the Vail Town Code is
hereby amended to read as follows:
2-2-2: SCOPE:
The investment policy applies to all financial funds of the Town, except the Pension
Trust Fund. (Ord. 3(1997) § 1)
1 Ordinance 24, 2016
September 6, 2016 - Page 106 c
Section 3. Subpart (A, B and C) of Section 2-2-3 of the Vail Town Code is
hereby amended to read as follows:
2-2-3: OBJECTIVE:
The primary objectives, in priority of order, of investment activities shall be:
A. Safety: Safety of principal is the foremost objective of the investment program. Investments
shall be undertaken in a manner that seeks to ensure the preservation of capital in the
overall portfolio. The objective will be to mitigate credit risk and interest rate risk.
1. Credit Risk: Credit risk is the risk of loss due to the failure of the security issuer or
backer. Credit risk may be mitigated by restricting the types of securities which may be
purchased, their credit ratings, and through diversification to reduce exposure to any one
security type or issuer.
2. Interest Rate Risk: Interest rate risk is the risk that the market value of securities in the
portfolio will fall due to changes in general interest rates. Interest rate risk may be
mitigated by holding most investments to their maturity date, by limiting the types and
maturities of permitted securities and, when feasible, by selecting maturities of
investments to coincide with large cash outflows.
B. Liquidity: The investment portfolio shall remain sufficiently liquid to meet all operating
requirements that may be reasonably anticipated. This is accomplished by structuring the
portfolio so that securities mature concurrent with cash needs to meet anticipated demands
(static liquidity). Furthermore, since all possible cash demands cannot be anticipated, the
portfolio should consist largely of securities with active secondary or resale markets
(dynamic liquidity).
C. Yield: After the objectives of safety and liquidity are met, the investment portfolio shall be
managed with the objective of attaining a market rate of return throughout interest rate
cycles.
1. The core of investments are limited to relatively low risk securities in anticipation of
earning a fair return relative to the risk being assumed.
2. Speculative investments will not be allowed. Speculative investments are those attempting to
gain market premium appreciation through short term market volatility resulting in increased risk
and loss exposure. The Town will not purchase a security which cannot be held to maturity. This
does not mean an investment cannot be sold prior to maturity. (Ord. 3(1997) § 1)
Section 4. Subpart (C.2 and C.3) of Section 2-2-4 of the Town Code is hereby
amended to clarify organizational titles to read as follows:
2-2-4: STANDARDS OF CARE:
C. Delegation Of Authority:
2 Ordinance 24, 2016
September 6, 2016 - Page 107 c
2. There is hereby created an Investment Committee, consisting of the Town Manager,
Finance Director, and the Finance Controller or such comparable positions as may exist
from time to time. Members of the Committee will meet at least quarterly to determine
general strategies and to monitor results. Minutes of the decisions made by the
Investment Committee shall be kept on file in the Town Clerk's office. The Committee
shall include in its review and deliberations such topics as: potential risks, authorized
depositories, rate of return, maturity structure and investment transactions.
3. It shall be the duty of the Finance Director or his/her appointed designee to manage the
day-to-day operations of the portfolio, and place actual purchase/sell orders with institutions.
In the absence of the Finance Director, an appointed designee shall assume these duties.
The Finance Director or his/her appointed designee shall maintain internal procedures for
investing which provide appropriate investment and accounting controls and which shall be
available for review annually by the independent auditor.
Section 5. Subsection (A) of Section 2-2-5 of the Town Code is hereby
amended to read as follows:
2-2-5: SAFEKEEPING AND CUSTODY:
A. Authorized Financial Dealer And Institution:
Qualified banks can only be commercial banks and the Town's investment with the bank may be in
excess of two hundred and fifty thousand dollars ($250,000.00) or whatever amount is currently
insured by the FDIC. The Town's Finance Director or his/her appointed designee shall obtain and
review whatever documents are necessary to verify the bank's continued stability including the
monthly listing of securities pledged for collateralization to monitor the bank's collateralization of
Town deposits.
2. Nonqualified banks can be either commercial banks or savings and loans or savings banks and the
Town's investment with the bank will not be in excess of two hundred and fifty thousand dollars
($250,000.00) or whatever amount is currently insured by the FDIC. The Finance Director or his/her
appointed designee shall inquire with bank officials and/or review an independent bank evaluation to
determine the bank meets the standard selection criteria established by the Investment Committee.
3. The Town has selected a primary bank, which bank the Town uses to process daily deposits and
checks. It is the responsibility of the Investment Committee to determine that the bank continues to
meet the Committee's standard selection criteria. At the discretion of the Investment Committee,
whether the bank continues to meet the criteria or not, a new bank may be selected as the primary
bank. A formal request for proposal should be used in the selection process.
4. The Town shall maintain a list of banks and securities dealers approved for securities transactions
initiated by the town, and it shall be the policy of the town to purchase securities only from those
authorized firms. Securities dealers not affiliated with a bank shall be required to be classified as
reporting dealers affiliated with the New York Federal Reserve Bank, as primary dealers.
Broker/dealers which are not primary dealers may be used if they have been approved by the
Investment Committee. The Investment committee shall develop and document the methodology for
qualifying non -primary broker/dealers.
3 Ordinance 24, 2016
September 6, 2016 - Page 108 c
Section 6. Subsection (B) of Section 2-2-5 of the Town Code is hereby
amended to read as follows:
2-2-5: SAFEKEEPING AND CUSTODY:
B. Internal Controls:
The Finance Director is responsible for establishing and maintaining an internal control structure
designed to ensure that the assets of the entity are protected from loss, theft, or misuse. The internal
control structure shall be designed to provide reasonable assurance that these objectives are met.
The concept of reasonable assurance recognizes that: a) the cost of a control should not exceed the
benefits likely to be derived; and b) the valuation of costs and benefits requires estimates and
judgments by management.
2. Accordingly, the Finance Director shall establish a process for annual independent review by an
external auditor to assure compliance with policies and procedures. The internal controls shall
address the following points:
a. Control Of Collusion: Collusion is a situation where two (2) or more employees are working in
conjunction to defraud their employer.
b. Separation Of Transaction Authority From Accounting And Record Keeping: By separating the
person who authorizes or performs the transaction from the people who record or otherwise account
for the transaction, a separation of duties is achieved.
c. Custodial Safekeeping: Securities purchased from any bank or dealer shall be placed with an
independent third party designated as primary agent for custodial safekeeping. The primary agent
shall issue a safekeeping receipt to the Town listing the specific instrument, rate, maturity, and other
information. Securities may be purchased from the primary agent's brokerage department and
safekept by the same bank's trust department.
d. Avoidance Of Physical Delivery Securities: Book entry securities are much easier to transfer and
account for since actual delivery of a document never takes place. Delivered securities must be
properly safeguarded against loss or destruction. The potential for fraud and loss increases with
physically delivered securities.
e. Clear Designation Of Authority To Subordinate Staff Members: Subordinate staff members must
have a clear understanding of their authority and responsibilities to avoid improper actions. Clear
delegation of authority also preserves the internal control structure that is contingent on the various
staff positions and their respective responsibilities.
f. Written Confirmation Of Telephone Transactions For Investments And Wire Transfers: Due to the
potential for error and improprieties arising from telephone transactions, all telephone transactions
should be supported by written communications and approved by the appropriate person. Written
communications may be via email, fax if on letterhead and the safekeeping institution has a list of
authorized signatures.
4 Ordinance 24, 2016
September 6, 2016 - Page 109 c
Section 7. Subsection (A) of Section 2-2-6 of the Town Code is hereby
amended to read as follows:
2-2-6: SUITABLE AND AUTHORIZED INVESTMENTS:
A. Types Of Accounts Or Securities: The Town shall invest in the following accounts, or securities:
1. Fully collateralized or insured interest bearing checking accounts, savings accounts, and certificates
of deposit at commercial banks with amount not to exceed two hundred and fifty thousand dollars
($250,000.00) or the current FDIC limit if the bank is not designated as a qualified institution by the
Investment Committee.
A commercial bank may use any securities authorized by the Public Deposit Protection Act as
collateral.
2. Certificates of deposit at savings and loan associations insured by the FDIC or other agency of the
Federal government with amount not to exceed two hundred fifty thousand dollars ($250,000.00) or
the current FDIC limit.
Deposits with savings banks insured by the FDIC with amount not to exceed two hundred fifty
thousand dollars ($250,000.00) or the current FDIC limit.
8. Taxable Municipal Securities: Taxable obligations of political and governmental subdivisions may
be purchased. The issue must be rated at least `AA' by a nationally recognized security rating
organization.
Section 8. Subsection (13.4) of Section 2-2-6 of the Town Code is hereby
amended to read as follows:
2-2-6: SUITABLE AND AUTHORIZED INVESTMENTS:
B. Criteria For Choice:
4. It is the responsibility of the Finance Director to demonstrate compliance with this Section. A
"local institution" is defined as a bank or savings and loan association doing business inside the
corporate limits of the Town of Vail and/or Eagle County.
Section 9. Subsection (C) of Section 2-2-6 of the Town Code is hereby
amended to read as follows:
2-2-6: SUITABLE AND AUTHORIZED INVESTMENTS:
C. Interest Allocation Method: All investments will be in the name of the Town and in most
cases it will be a general policy of the Town to pool all available operating cash into a treasury
cash management investment portfolio. However, a specific investment purchased by a specific
5 Ordinance 24, 2016
September 6, 2016 - Page 110 c
fund shall incur all earnings and expenses to that particular fund. Interest earnings from pooled
funds shall be allocated to all participating funds based on the average monthly cash balance of
each fund included in the common portfolio for the earning period.
Section 10. Subsection (A) of Section 2-2-7 of the Town Code is hereby
amended to read as follows:
2-2-7: INVESTMENT PARAMETERS:
A. Portfolio Diversification:
1. The Town will diversify use of investment instruments to avoid incurring unreasonable risks inherent
in overinvesting in specific instruments, and individual financial institutions.
ximum
ent of
Portfolio
Diversification By Instrument:
Money market and interest
50%
bearing checking accounts
with commercial banks
Money market funds
50%
U.S. Treasury obligations
100%
(Bills, notes and bonds)
U.S. government agency
100%
securities
(per subsection 2-2-6A3a)
U.S. government agency
25%
securities
(per subsection 2-2-6A3b(1))
Taxable Municipal Securities
20%
Repurchase agreements
Certificate of deposit
75%
100%
commercial banks or
savings banks
-[Certificate of deposit savings 25% I
6 Ordinance 24, 2016
September 6, 2016 - Page 111 c
land loan association
Local government investment
100%
Diversification By Financial Institution:
Repurchase agreements
No more than 50% of the total investment
portfolio shall be secured in repos with
any one institution.
Certificates of deposit _ commercial banks
No more than 20% of the total investment
portfolio shall be secured in any one
commercial bank's CDs.
Section 11. Subsection (A) of Section 2-2-8 of the Town Code is hereby
amended to read as follows:
2-2-8: REPORTING:
A. Methods: The Finance Director or his/her appointed designee will submit a quarterly investment
report which discloses investments on the last day of the quarter. This report will be distributed to
the Town Manager and Town Council members. The Finance Director or designee will present at
least annually the investment report to the Town Council.
Section 12. Subsection (D) of Section 2-2-8 of the Town Code is hereby
amended to read as follows:
2-2-8: REPORTING:
D. Monitoring And Adjusting Portfolio: The Finance Director or his/her appointed designee will
routinely monitor the contents of the portfolio, the available markets and the relative values of
competing instruments, and will adjust the portfolio accordingly. (Ord. 3(1997) § 1)
Section 13. Subsection (B) of Section 2-2-9 of the Town Code is hereby
amended to read as follows:
2-2-9: POLICY:
7
Ordinance 24, 2016
September 6, 2016 - Page 112 c
B. Policy Review: The investment policy shall be reviewed annually by the Investment Committee. A
recommendation will be made periodically to the Town Council for any proposed changes to the
investment policy. (Ord. 3(1997) § 1)
Section 14. 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 15. 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 16. 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 17. 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 6th day of September, 2016
and a public hearing for second reading of this Ordinance set for the 20th day of
September, 2016, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
ATTEST:
Patty McKenny, Town Clerk
Dave Chapin, Mayor
8 Ordinance 24, 2016
September 6, 2016 - Page 113 c
TOWN OF VAIP
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Ordinance No. 25, Series of 2016, First Reading, An Ordinance Amending
Sections 10-1-2, 10-1-3 and 14-10-5 of the Vail Town Code Related to Wildland Fire Resistant
Building Practices
PRESENTER(S): Jonathan Spence, Planner
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with
modifications, or deny Ordinance No. 25, Series of 2016 upon first reading.
BACKGROUND: The purpose of these amendments is to relocate language concerning
technical matters related to roofing to the Building Code while maintaining design related matters
within the Design Standards. In addition, the amendments clarify allowable roofing materials,
proposes a reduction in allowable roof repairs of nonconforming roofs before the requirement that
a roof be replaced in its entirety is triggered and encourages the use of ignition resistant building
materials.
STAFF RECOMMENDATION: The Building and Fire Code Appeals Board, the Community
Development Department and the Vail Fire Department recommend the Vail Town Council approve
Ordinance No. 25, Series of 2016 upon first reading.
ATTACHMENTS:
Description
Staff memorandum
A. Ordinance No. 25, Series of 2016
B. Changes to Chapter 10-1 Building Codes Matrix
C. Changes to Chapter 14-10 Design Review Standards and Guidelines Matrix
September 6, 2016 - Page 114 c
0
rowN of vain
Memorandum
To: Vail Town Council
From: Building and Fire Code Appeals Board
Community Development Department
Vail Fire Department
Date: September 7, 2016
Subject: Ordinance No. 25, Series of 2016. Amendments to Sections 10-1-2, 10-1-3 and
14-10-5 of the Vail Town Code related to Wildland Fire Resistant Building
Practices
I. SUMMARY
The purpose of this memorandum is to propose to the Vail Town Council amendments
to the adopted 2015 International Building Codes (Sections 10-1-2 and 10-1-3,
hereinafter referred to as "Building Code") as recommend by the Building and Fire Code
Appeals Board of the Town of Vail and accompanying revisions to the Design Review
Standards and Guidelines (Design Standards), specifically Section 14-10-5, Building
Materials and Design. The purpose of these amendments is to relocate language
concerning technical matters related to roofing to the Building Code while maintaining
design related matters within the Design Standards. In addition, the amendments clarify
allowable roofing materials and propose a reduction in allowable roof repairs of
nonconforming roofs before the requirement that a roof be replaced in its entirety is
triggered.
Please refer to the matrices included as Attachments B and C for a more detailed
explanation of each proposed amendment.
II. BACKGROUND
Over the course of the past year, the Fire Department has evaluated all aspects of the
current Wildfire Mitigation Program in an effort to identify opportunities to more
effectively reduce the threat of catastrophic wildfire and associated loss of homes. This
evaluation included a review of the existing Town Code pertaining to wildfire mitigation
and defensible space. In concert with the Community Development Department, the Fire
Department has proposed relocating technical data concerning allowable building
materials from its current location within the Design Standards into the Building Code.
September 6, 2016 - Page 115 c
On May 12, 2016 the Building Fire and Appeals Board unanimously approved the
proposed changes. The Community Development Department and Town of Vail Fire
Department are in support of this recommendation to the Vail Town Council.
III. DESCRIPTION OF THE REQUEST
The following amendments are proposed with new language in bold and items to be
removed designated by a stril�ethroygh.
10-1-2: AMENDMENTS TO BUILDING CODE:
The following amendments are hereby made to the international building code, 2015
edition:
Section 101.1 - Title: These regulations shall be known as the Building Code Of The
Town Of Vail, hereinafter referred to as "this code. "
Section 101.4 - Referenced Codes: Section 101.4 is deleted and replaced with the
following:
"The other codes listed in 101.4.1 through 101.4.6 and referenced elsewhere in this
code shall not be considered part of this code unless specifically adopted. "
Section 105.2 - Work Exempt From Permit: Section 105.2 is amended by the addition of
the following text:
"Item 2: Fences not over 6 feet. Note: Fences required per IBC section 3109 are not
exempt from a permit.
Item 14: Decks not over 30 inches above grade and not part of a means of egress or an
accessible route."
Section 110.3.8 - Other Inspections: Section 110.3.8 is amended by the addition of the
following:
"The building official is authorized to make or require inspection of construction work as
required by titles 11 through 14 of the Vail town code. "
Section 1505.1- General: Delete the last sentence referring to minimum roof
coverings in its entirety and shall be replaced with the following text: Roof
coverings and roof assemblies shall be class A roof coverings or class A roof
Town of Vail Page 2
September 6, 2016 - Page 116 c
assemblies for all structures. Wood shingles and shake coverings or assemblies
are prohibited except where exempted for replacement or repair as defined below.
Where the roof profile allows space between the roof covering and the roof
decking at the eve ends, the spaces shall be constructed to prevent intrusion of
flames and embers, be firestopped with approved materials, or have one layer of
72 pound (32.4 kg) mineral -surfaced non -perforated cap sheet complying with
ASTM D3909 installed over the combustible decking.
Replacement or repair. Each structure with a nonconforming roof covering or
assembly will be allowed one (1) replacement or repair of twenty five percent
(25%) or less of the roof area. Replacement or repair greater than twenty five
percent (25%) or a second replacement or repair of the roof shall trigger
replacement of the nonconforming roof covering or assembly with a conforming
roof covering or assembly in its entirety. For the purposes of this Section, a two-
family dwelling shall be considered two structures with each dwelling allowed
one (1) replacement or repair of twenty five percent (25%) or less of the dwelling
unit's roof area. Emergency repairs of less than 10 square feet shall not be
considered toward the 25% threshold.
Emergency repairs of less than 10 square feet shall not be considered toward the
25% threshold.
Section 1505.6 - Fire Retardant Treated Wood Shingles And Shakes: Section 1505.6 is
deleted and replaced with the following:
"All roof coverings and roof assemblies shall comply with section 14-10-5F of the Vail
town code which requires class A roof coverings or class A roof assemblies for all
structures in the town. Wood shingles and shake coverings or assemblies are prohibited
except where exempted for replacement or repair per section 14-10-5F, Vail town
code. "
Section 1510.7 - Snow Retention: Section 1510.7 is added, to read as follows:
"New roof assemblies shall be designed to prevent accumulations of snow from
shedding onto exterior balconies, decks, pedestrian and vehicular exits from buildings,
stairways, sidewalks, streets, alleys, areas directly above or in front of gas and electrical
utility meters, or adjacent properties. The design of snow retention devices shall be
provided by a licensed structural engineer or as determined by the building official.
Exception 1: Roof areas with a horizontal dimension of no more than 48 inches that will
not receive snow shedding from a higher roof. The horizontal projection shall be
measured perpendicular to the exterior wall line from the edge of the roof or eave to any
intersecting vertical surface. "
Section 1603.2 - Boulder Walls: Section 1603.2 is added, to read as follows:
"Boulder or rock walls more than four feet tall shall be designed by a licensed engineer. "
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September 6, 2016 - Page 117 c
Section 1604.1.1 - Hazard Areas: Section 1604.1.1 is added, to read as follows:
"All new construction and additions to existing structures located in mapped debris flow,
rock fall, avalanche and flood hazards shall be designed in compliance with chapter 12-
21 of the Vail town code. "
Section 1608.2.1 - Roof Snow Loads: Section 1608.2.1 is added, to read as follows:
"Designs for roof snow loads shall be as follows: Roof pitches of less than 4:12 shall be
designed to carry a 100 pound per square foot snow load, and roof pitches of 4:12 and
greater shall be designed to carry an 80 pound per square foot snow load. There is no
allowance for pitch reduction nor is there a requirement to increase surcharge loading
due to snow drifting or type of roof covering."
Section 2902.2 - Separate Facilities: Exception 2 of section 2902.2 is deleted and
replaced with the following:
"Exception 2: Separate facilities shall not be required in structures or tenant spaces with
a total occupant load including both employees and customers of 30 or fewer."
(Ord. 14(2015) § 1)
10-1-3: AMENDMENTS TO RESIDENTIAL CODE:
The following amendments are hereby made to the international residential code, 2015
edition:
Section R101.1 - Title: These regulations shall be known as the Building Code Of The
Town Of Vail, hereinafter referred to as "this code."
Section R105.2 - Work Exempt From Permit: Section R105.2 is amended by the
addition of the following:
"Item 2, Fences not over 7 feet (2134 mm) high;" and
"Item 10, Decks that are not more than 30 inches above grade at any point. "
Section R313.1 - Townhouse Automatic Fire Sprinkler Systems: Section R313.1 is
amended by the addition of the following:
"Exception: An automatic residential fire sprinkler system may be required where
additions and alterations are made to existing townhomes depending on scope and size
of project in accordance with Vail fire and emergency services fire sprinkler installation
requirements. "
Section R313.1.1 - Design And Installation: Section R313.1.1 is deleted and replaced
with the following:
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September 6, 2016 - Page 118 c
"Automatic residential fire sprinkler systems for townhomes shall be designed and
installed in accordance with NFPA 13D and Vail fire and emergency services fire
sprinkler installation requirements."
Section R313.2 - One And Two Family Dwellings Automatic Fire Systems: Section
R313.2 is deleted and replaced with the following:
"Automatic residential fire sprinkler systems shall be designed and installed in
accordance with NFPA 13D and Vail fire and emergency services fire sprinkler
installation standards. "
Section R313.2.1 - Design And Installation: Section R313.2.1 is deleted and replaced
with the following:
"Automatic residential fire sprinkler systems shall be designed and installed in
accordance with NFPA 13D and Vail fire and emergency services fire sprinkler
installation standards. "
Section R315.2 - Where Required: Section R315.2 is deleted and replaced with the
following:
"Carbon monoxide alarms shall be provided in accordance with NFPA 72, NFPA 720,
C.R.S. § 38-45-101, and Vail fire and emergency services alarm installation standards."
Section R315.2.1 - New Construction: Section R315.2.1 is deleted and replaced with
the following:
"For new construction, carbon monoxide alarms shall be provided in accordance with
NFPA 72, NFPA 720, C.R.S. § 38-45-101, and Vail fire and emergency services alarm
installation standards. "
Section R315.3 - Location: Section R315.3 is deleted and replaced with the following:
"Carbon monoxide alarms in dwelling units shall be installed outside of each separate
sleeping area in their immediate vicinity of the bedrooms. Where a gas appliance is
located within a bedroom or its attached bathroom, a carbon monoxide alarm shall be
installed within the bedroom. In addition to above locations, alarms shall be installed per
the authority having jurisdiction, NFPA 72, NFPA 720, C.R.S. § 38-45-101, and Vail fire
and emergency services alarm installation standards. "
Section R315.6 - Carbon Monoxide Detection Systems: Section R315.6 is deleted and
replaced with the following:
"Carbon monoxide detection systems shall be permitted to be used in lieu of carbon
monoxide alarms and shall comply with NFPA 72, NFPA 720, C.R.S. § 38-45-101, and
Vail fire and emergency services alarm installation standards. "
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September 6, 2016 - Page 119 c
Section R315.6.2 - Location: Section R315.6.2 is deleted and replaced with the
following:
"Carbon monoxide detectors shall be installed in the locations specified in NFPA 72,
NFPA 720, C.R.S. § 38-45-101, and Vail fire and emergency services alarm installation
standards. "
Section R902.1 Shall be deleted in its entirety and replaced with the following
statement: Roofs shall be covered with materials as set forth in Sections R904
and R905. Roof coverings and roof assemblies shall be class A roof coverings or
class A roof assemblies for all structures. Class A roofing required by this
section to be listed shall be tested in accordance with UL 790 and ASTM E 108.
Wood shingles and shake coverings or assemblies are prohibited except where
exempted for replacement or repair as defined below. Where the roof profile
allows space between the roof covering and the roof decking at the eve ends, the
spaces shall be constructed to prevent intrusion of flames and embers, be
firestopped with approved materials, or have one layer of 72 pound (32.4 kg)
mineral -surfaced non -perforated cap sheet complying with ASTM D3909 installed
over the combustible decking.
Replacement or repair. Each structure with a nonconforming roof covering or
assembly will be allowed one (1) replacement or repair of twenty five percent
(25%) or less of the roof area. Replacement or repair greater than twenty five
percent (25%) or a second replacement or repair of the roof shall trigger
replacement of the nonconforming roof covering or assembly with a conforming
roof covering or assembly in its entirety. For the purposes of this Section, a two-
family dwelling shall be considered two structures with each dwelling allowed
one (1) replacement or repair of twenty five percent (25%) or less of the dwelling
unit's roof area.
R902.2 - Fire Retardant Treated Wood Shingles And Shakes: This section is
deleted in its entirety and shall be replaced with the following text: Wood shingles
and shake coverings or assemblies are prohibited except where exempted for
replacement or repair per section R902.2.
Chapter 11 - Energy Efficiency: Chapter 11 is deleted and replaced with the residential
provision of the international energy conservation code, 2015 edition, as amended.
Chapter 24 - Fuel Gas Code: Chapter 24 is deleted and replaced with the 2012 edition
of the Colorado fuel gas code, as amended.
Town of Vail Page 6
September 6, 2016 - Page 120 c
Chapter 25 - Plumbing Administration: Chapter 25 is deleted and replaced with the 2012
edition of the Colorado plumbing code.
14-10-5: BUILDING MATERIALS AND DESIGN:
A. The Town is situated within the wildland urban interface where
community values intersect with the potential consequences of
wildland fires. Wildland fires both big and small have the potential to
destroy homes and neighborhoods within the Town. The
architecture and chosen materials of a building greatly affect the
survivability of that structure in the face of a wildfire. The use of
Class A roof coverings and ignition resistant building materials
decrease the hazards to the individual structure as well as the
surrounding homes.
AB. The use of none-ernb utihle ignition resistant building materials
and designs intended to prevent the spread of fire are highly encouraged.
Vail Fire and Emergency Services is available to provide more
information on the use of ignition resistant materials and designs.
Predominantly natural building materials shall be used within the Town of
Vafl. The exterior use of wood, wood siding, native stone, brick, concrete,
stucco, and EIFS may be permitted. Concrete surfaces, when permitted,
shall be treated with texture and color; however, exposed aggregate is
more acceptable than raw concrete. The exterior use of the following
siding materials shall be prohibited: stucco or EIFS with gross textures or
surface features that appear to imitate other materials, simulated stone,
simulated brick, plastic and vinyl. The exterior use of any building
material, including those not specifically identified by this section, shall
only be permitted, unless otherwise prohibited by this code, where the
design review board finds:
1. That the proposed material is satisfactory in general
appearance, quality over time, architectural style, design, color, and
texture; and
2. That the use of the proposed material complies with the
intent of the provisions of this code; and
3. That the use of the proposed material is compatible with the
structure, site, surrounding structures, and overall character of the Town
of ail; and
4. That the material is noncombustible or aids in the prevention
of fires.
-9C. The same or similar building materials and colors shall be used on
main structures and any accessory structures upon the site.
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September 6, 2016 - Page 121 c
GD. Exterior wall colors should be compatible with the site and
surrounding buildings. Natural colors (earth tones found within the Vail
area) should be utilized. Primary colors or other bright colors should be
used only as accents and then sparingly such as upon trim or railings. All
exterior wall materials must be continued down to finished grade thereby
eliminating unfinished foundation walls. All exposed metal flashing, trim,
flues, and rooftop mechanical equipment shall be anodized, painted or
capable of weathering so as to be nonreflective.
DE. The majority of roof forms within Vail are gable roofs with a pitch of
at least four feet (4) in twelve feet (12). However, other roof forms are
allowed. Consideration of environmental and climatic determinants such
as snow shedding, drainage, fire safety and solar exposure should be
integral to the roof design.
EF. Rooflines should be designed so as not to deposit snow on parking
areas, trash storage areas, stairways, decks and balconies, or entryways.
Secondary roofs, snow clips, and snow guards should be utilized to
protect these areas from roof snow shedding if necessary.
FG. All structures shall have class A roof assemblies or shall have class
A roof covering materials, as defined by the adopted building code. The
use of concrete tile, slate, metal, asphalt shingle, fiberglass shingle, and
built up tar and gravel roofing may be permitted. Metal roofing, when
permitted, shall not reflect direct sunlight onto an adjacent property and
shall be surfaced with a low gloss finish or be capable of weathering to a
dull finish. Metal roofing, when permitted, shall be of a heavy gauge and
designed to provide visual relief to the roof surface (including, but not
limited to, a standing seam). Asphalt and fiberglass shingles, when
permitted, shall weigh no loon than throo�d4�d (300) pounds per
roofing squaFe be designed to provide visual relief through texture,
dimension and depth of appearance. The use of wood shake, wood
shingles and rolled roofing shall not be permitted. Two-family and multi-
family dwellings shall be required to have uniform roof covering materials,
except when the design review board determines that the materials are
compatible, are integral to the architectural style of the structure and
different materials do not share any ridges or planes, but may share a
valley.
1. Nonconforming Structures: All structures that do not have a
class A roof assembly or class A roof covering material, or structures with
wood shake or wood shingles shall come into RG_e replace the
roof covering as follows:
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September 6, 2016 - Page 122 c
,ba. Additions: All additions affecting roof area shall trigger
compliance of the roof structure of a single-family dwelling, a side
of a two-family dwelling, or the entire multiple -family dwelling,
except for a onetime exemption of up to five hundred (500) square
feet of GRFA, occurring after February 6, 2007, where any addition
of roof area does not share a plane or ridge with the nonconforming
roof, and may only share a valley. The additional roof area shall
conform to roofing regulations, and shall be deemed compatible by
the design review board.
Eb. Two -Family Structures: Upon reroofing one side of a two-
family dwelling, the other side nW shall be required to be reroofed
if the two (2) sides have roof systems that share ridges or planes.
Different materials on each side of the two-family dwelling may be
permitted by the design review board if the materials are deemed
compatible, integral to the architectural style of the structure and
share a valley or do not intersect.
dc. Developments With Multiple Structures: Upon reroofing a
single structure that is part of a multi -structure project with
conforming roof covering materials that do not match existing
materials, the conforming materials shall be deemed compatible
with the existing nonconforming materials by the design review
board. Upon reroofing of additional structures in the development,
the materials shall match the approved conforming materials.
Should the matching material no longer be manufactured, a
different material may be permitted, should the materials be
deemed compatible by the Design Review Board.
,GH. Rooftops: Rooftop heating and air conditioning equipment, large
vent stacks, elevator penthouses and similar features should be avoided;
however, if necessary, shall be designed to be compatible with the overall
design of the structure or screened from view of all adjacent properties.
Rooftop antennas shall not be permitted unless as allowed under a
conditional use review as specified within the zoning code.
Hl. Solar Energy Devices:
IJ. Overhangs: Deep eaves, overhangs, canopies, and other building
features that provide shelter from the elements are encouraged.
Town of Vail Page 9
September 6, 2016 - Page 123 c
1333
,ba. Additions: All additions affecting roof area shall trigger
compliance of the roof structure of a single-family dwelling, a side
of a two-family dwelling, or the entire multiple -family dwelling,
except for a onetime exemption of up to five hundred (500) square
feet of GRFA, occurring after February 6, 2007, where any addition
of roof area does not share a plane or ridge with the nonconforming
roof, and may only share a valley. The additional roof area shall
conform to roofing regulations, and shall be deemed compatible by
the design review board.
Eb. Two -Family Structures: Upon reroofing one side of a two-
family dwelling, the other side nW shall be required to be reroofed
if the two (2) sides have roof systems that share ridges or planes.
Different materials on each side of the two-family dwelling may be
permitted by the design review board if the materials are deemed
compatible, integral to the architectural style of the structure and
share a valley or do not intersect.
dc. Developments With Multiple Structures: Upon reroofing a
single structure that is part of a multi -structure project with
conforming roof covering materials that do not match existing
materials, the conforming materials shall be deemed compatible
with the existing nonconforming materials by the design review
board. Upon reroofing of additional structures in the development,
the materials shall match the approved conforming materials.
Should the matching material no longer be manufactured, a
different material may be permitted, should the materials be
deemed compatible by the Design Review Board.
,GH. Rooftops: Rooftop heating and air conditioning equipment, large
vent stacks, elevator penthouses and similar features should be avoided;
however, if necessary, shall be designed to be compatible with the overall
design of the structure or screened from view of all adjacent properties.
Rooftop antennas shall not be permitted unless as allowed under a
conditional use review as specified within the zoning code.
Hl. Solar Energy Devices:
IJ. Overhangs: Deep eaves, overhangs, canopies, and other building
features that provide shelter from the elements are encouraged.
Town of Vail Page 9
September 6, 2016 - Page 123 c
JK. Fenestration: Fenestration should be suitable for the climate and
for the orientation of the particular building elevation in which the
fenestration occurs. The use of both passive and active solar energy
systems is strongly encouraged.
KL. Duplexes: In no instance shall a duplex structure be so constructed
as to result in each half of the structure appearing substantially similar or
mirror image in design.
L.M Footings And Foundation: Building footings and foundations shall be
designed in accordance with the minimum standards of the adopted
building code. Footings and foundations shall also be designed to be
responsive to the natural topography of the site, and shall be designed
and constructed in such a manner as to minimize the necessary amount of
excavation and site disturbance.
IV. ACTION REQUESTED OF THE VAIL TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance
No. 25, Series of 2016 upon first reading.
V. ATTACHMENTS
A. Ordinance No. 25, Series of 2016
B. Changes to Chapter 10-1 Building Codes Matrix
C. Changes to Chapter 14-10 Design Review Standards and Guidelines Matrix
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September 6, 2016 - Page 124 c
ORDINANCE NO. 25
SERIES 2016
AN ORDINANCE AMENDING SECTIONS 10-1-2,10-1-3 AND 14-10-15 OF THE VAIL
TOWN CODE TO ENHANCE WILDLAND FIRE RESISTANT BUILDING PRACTICES
WHEREAS, the Vail Town Council wishes to enhance wildland fire resistant
building practices.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 10-1-2 of the Vail Town Code is hereby amended as
follows:
Sec. 10-1-2: Amendments to Building Code.
The following amendments are hereby made to the International Building
Code, 2015 edition:
Section 1505.1 - General: Delete the last sentence referring to minimum
roof coverings in its entirety and shall be replaced with the following text:
Roof coverings and roof assemblies shall be class A roof coverings or
class A roof assemblies for all structures. Wood shingles and shake
coverings or assemblies are prohibited except where exempted for
replacement or repair as defined below. Where the roof profile allows
space between the roof covering and the roof decking at the eve ends, the
spaces shall be constructed to prevent intrusion of flames and embers, be
fire -stopped with approved materials, or have one layer of 72 pound (32.4
kq) mineral -surfaced non -perforated cap sheet complying with ASTM
D3909 installed over the combustible decking.
Replacement or repair: Each structure with a nonconforming roof covering
or assembly will be allowed one (1) replacement or repair of twenty five
percent (25%) or less of the roof area. Replacement or repair greater than
twenty five percent (25%) or a second replacement or repair of the roof
shall trigger replacement of the nonconforming roof covering or assembly
with a conforming roof covering or assembly in its entirety. For the
purposes of this Section, a two-family dwelling shall be considered two
structures with each dwelling allowed one (1) replacement or repair of
twenty five percent (25%) or less of the dwelling unit's roof area.
Emergency repairs of less than 10 square feet shall not be considered
toward the 25% threshold.
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Emergency repairs of less than 10 square feet shall not be considered
toward the 25% threshold.
Section 2. Section 10-1-3 of the Vail Town Code is hereby amended as
follows:
Sec. 10-1-3: Amendments to Residential Code.
The following amendments are hereby made to the international
residential code, 2015 edition:
Section R902.1 shall be deleted in its entiretv and realaced with the
following statement: Roofs shall be covered with materials as set forth in
Sections R904 and R905. Roof coverings and roof assemblies shall be
class A roof coverings or class A roof assemblies for all structures. Class
A roofing required by this section to be listed shall be tested in accordance
with UL 790 and ASTM E 108. Wood shingles and shake coverings or
assemblies are prohibited except where exempted for replacement or
repair as defined below. Where the roof profile allows space between the
roof covering and the roof decking at the eve ends, the spaces shall be
constructed to prevent intrusion of flames and embers, be fire -stopped
with approved materials, or have one layer of 72 pound (32.4 kq) mineral -
surfaced non-aerforated caa sheet comalvina with ASTM D3909 installed
over the combustible deckina
Realacement or reoair: Each structure with a nonconformina roof coverin
or assembly will be allowed one (1) replacement or repair of twenty five
percent (25%) or less of the roof area. Replacement or repair greater than
twenty five percent (25%) or a second replacement or repair of the roof
shall trigger replacement of the nonconforming roof covering or assembly
with a conforming roof covering or assembly in its entirety. For the
purposes of this Section, a two-family dwelling shall be considered two
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September 6, 2016 - Page 126 c
structures with each dwelling allowed one (1) replacement or repair of
twenty five percent (25%) or less of the dwelling unit's roof area.
R902.2 - Fire Retardant Treated Wood Shingles And Shakes: This section
is deleted in its entirety and shall be replaced with the following text: Wood
shinales and shake coverinas or assemblies are arohibited except where
exempted for replacement or repair per section R902.2.
Section 3. Section 14-10-5 of the Vail Town Code is hereby amended as
follows:
Sec. 14-10-5: Building Materials and Design.
A. The Town is situated within the wildland urban interface where
community values intersect with the potential consequences of wildland
fires. Wildland fires both big and small have the potential to destroy
homes and neighborhoods within the Town. The architecture and chosen
materials of a building greatly affect the survivability of that structure in the
face of a wildfire. The use of Class A roof coverings and ignition resistant
building materials decrease the hazards to the individual structure as well
as the surroundina homes.
AB. The use of RORGombustible ignition resistant building materials and
designs intended to prevent the spread of fire are highly encouraged. Vail
Fire and Emergency Services is available to provide more information on
the use of ignition resistant materials and designs. Predominantly natural
building materials shall be used within the Town of il. The exterior use
of wood, wood siding, native stone, brick, concrete, stucco, and EIFS may
be permitted. Concrete surfaces, when permitted, shall be treated with
texture and color; however, exposed aggregate is more acceptable than
raw concrete. The exterior use of the following siding materials shall be
prohibited: stucco or EIFS with gross textures or surface features that
appear to imitate other materials, simulated stone, simulated brick, plastic
and vinyl. The exterior use of any building material, including those not
specifically identified by this section, shall only be permitted, unless
otherwise prohibited by this code, where the design review board finds:
1. That the proposed material is satisfactory in general
appearance, quality over time, architectural style, design, color, and
texture; and
2. That the use of the proposed material complies with the
intent of the provisions of this code; and
3. That the use of the proposed material is compatible with the
structure, site, surrounding structures, and overall character of the
Town email; and
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4. That the material is noncombustible or aids in the prevention
of fires.
€C. The same or similar building materials and colors shall be used on
main structures and any accessory structures upon the site.
SD. Exterior wall colors should be compatible with the site and
surrounding buildings. Natural colors (earth tones found within the Vail
area) should be utilized. Primary colors or other bright colors should be
used only as accents and then sparingly such as upon trim or railings. All
exterior wall materials must be continued down to finished grade thereby
eliminating unfinished foundation walls. All exposed metal flashing, trim,
flues, and rooftop mechanical equipment shall be anodized, painted or
capable of weathering so as to be nonreflective.
DE. The majority of roof forms within Vail are gable roofs with a pitch of
at least four feet (4') in twelve feet (12'). However, other roof forms are
allowed. Consideration of environmental and climatic determinants such
as snow shedding, drainage, fire safety and solar exposure should be
integral to the roof design.
€F. Rooflines should be designed so as not to deposit snow on parking
areas, trash storage areas, stairways, decks and balconies, or entryways.
Secondary roofs, snow clips, and snow guards should be utilized to
protect these areas from roof snow shedding if necessary.
G. All structures shall have class A roof assemblies or shall have class
A roof covering materials, as defined by the adopted building code. The
use of concrete tile, slate, metal, asphalt shingle, fiberglass shingle, and
built up tar and gravel roofing may be permitted. Metal roofing, when
permitted, shall not reflect direct sunlight onto an adjacent property and
shall be surfaced with a low gloss finish or be capable of weathering to a
dull finish. Metal roofing, when permitted, shall be of a heavy gauge and
designed to provide visual relief to the roof surface (including, but not
limited to, a standing seam). Asphalt and fiberglass shingles, when
permitted, shall weigh ne less than three hundred (300) nes Inds neF
be designed to provide visual relief through texture,
dimension and depth of appearance. The use of wood shake, wood
shingles and rolled roofing shall not be permitted. Two-family and multi-
family dwellings shall be required to have uniform roof covering materials,
except when the design review board determines that the materials are
compatible, are integral to the architectural style of the structure and
different materials do not share any ridges or planes, but may share a
valley.
1. Nonconforming Structures: All structures that do not have a
class A roof assembly or class A roof covering material, or structures with
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wood shake or wood shingles shall GGFne iRtG nGmnlianGe replace the roof
covering as follows:
ba. Additions: All additions affecting roof area shall trigger
compliance of the roof structure of a single-family dwelling, a side
of a two-family dwelling, or the entire multiple -family dwelling,
except for a onetime exemption of up to five hundred (500) square
feet of GRFA, occurring after February 6, 2007, where any addition
of roof area does not share a plane or ridge with the nonconforming
roof, and may only share a valley. The additional roof area shall
conform to roofing regulations, and shall be deemed compatible by
the design review board.
cb. Two -Family Structures: Upon reroofing one side of a two-
family dwelling, the other side n4ay shall be required to be reroofed
if the two (2) sides have roof systems that share ridges or planes.
Different materials on each side of the two-family dwelling may be
permitted by the design review board if the materials are deemed
compatible, integral to the architectural style of the structure and
share a valley or do not intersect.
dc. Developments With Multiple Structures: Upon reroofing a
single structure that is part of a multi -structure project with
conforming roof covering materials that do not match existing
materials, the conforming materials shall be deemed compatible
with the existing nonconforming materials by the design review
board. Upon reroofing of additional structures in the development,
the materials shall match the approved conforming materials.
Should the matching material no longer be manufactured, a
different material may be permitted, should the materials be
deemed compatible by the Design Review Board.
GH. Rooftops: Rooftop heating and air conditioning equipment, large
vent stacks, elevator penthouses and similar features should be avoided;
however, if necessary, shall be designed to be compatible with the overall
design of the structure or screened from view of all adjacent properties.
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ba. Additions: All additions affecting roof area shall trigger
compliance of the roof structure of a single-family dwelling, a side
of a two-family dwelling, or the entire multiple -family dwelling,
except for a onetime exemption of up to five hundred (500) square
feet of GRFA, occurring after February 6, 2007, where any addition
of roof area does not share a plane or ridge with the nonconforming
roof, and may only share a valley. The additional roof area shall
conform to roofing regulations, and shall be deemed compatible by
the design review board.
cb. Two -Family Structures: Upon reroofing one side of a two-
family dwelling, the other side n4ay shall be required to be reroofed
if the two (2) sides have roof systems that share ridges or planes.
Different materials on each side of the two-family dwelling may be
permitted by the design review board if the materials are deemed
compatible, integral to the architectural style of the structure and
share a valley or do not intersect.
dc. Developments With Multiple Structures: Upon reroofing a
single structure that is part of a multi -structure project with
conforming roof covering materials that do not match existing
materials, the conforming materials shall be deemed compatible
with the existing nonconforming materials by the design review
board. Upon reroofing of additional structures in the development,
the materials shall match the approved conforming materials.
Should the matching material no longer be manufactured, a
different material may be permitted, should the materials be
deemed compatible by the Design Review Board.
GH. Rooftops: Rooftop heating and air conditioning equipment, large
vent stacks, elevator penthouses and similar features should be avoided;
however, if necessary, shall be designed to be compatible with the overall
design of the structure or screened from view of all adjacent properties.
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Rooftop antennas shall not be permitted unless as allowed under a
conditional use review as specified within the zoning code.
SII. Solar Energy Devices:
1J. Overhangs: Deep eaves, overhangs, canopies, and other building
features that provide shelter from the elements are encouraged.
JK. Fenestration: Fenestration should be suitable for the climate and
for the orientation of the particular building elevation in which the
fenestration occurs. The use of both passive and active solar energy
systems is strongly encouraged.
KL. Duplexes: In no instance shall a duplex structure be so constructed
as to result in each half of the structure appearing substantially similar or
mirror image in design.
LM Footings And Foundation: Building footings and foundations shall be
designed in accordance with the minimum standards of the adopted
building code. Footings and foundations shall also be designed to be
responsive to the natural topography of the site, and shall be designed
and constructed in such a manner as to minimize the necessary amount of
excavation and site disturbance.
Section 4. 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 5. The Town 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 6. The amendment of any provision of the Vail Town Code 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 ordinance
previously repealed or superseded unless expressly stated herein.
Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
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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 6t" day of September, 2016 and
a public hearing for second reading of this Ordinance is set for the day of
, 2016, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
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Changes to Chapter 10-1 Building Codes
Existing Code Language
10-1-2 Amendments to Building Code
Section 1505.1.2 - Class A Roofing: Section 1505.1.2
is deleted and replaced with the following:
"Class A roofing shall be installed on all roofs.
Exception: 1. Metal and concrete roof systems."
Proposed Code Lanqua
Section 1505.1- General: Delete the last sentence
referring to minimum roof coverings in its entirety and
shall be replaced with the following text: Roof
coverings and roof assemblies shall be class A roof
coverings or class A roof assemblies for all
structures. Wood shingles and shake coverings or
assemblies are prohibited except where exempted
for replacement or repair as defined below. Where
the roof profile allows space between the roof
covering and the roof decking at the eve ends, the
spaces shall be constructed to prevent intrusion of
flames and embers, be firestopped with approved
materials, or have one layer of 72 pound (32.4 kg)
mineral -surfaced non -perforated cap sheet complying
with ASTM D3909 installed over the combustible
decking.
Replacement or repair: Each structure with a
nonconforming roof covering or assembly will be
allowed one (1) replacement or repair of twenty five
percent (25%) or less of the roof area. Replacement
or repair greater than twenty five percent (25%) or a
second replacement or repair of the roof shall trigger
replacement of the nonconforming roof covering or
assembly with a conforming roof covering or
assembly in its entirety. For the purposes of this
Section, a two-family dwelling shall be considered
two structures with each dwelling allowed one (1)
replacement or repair of twenty five percent (25%) or
less of the dwelling unit's roof area.
Emergency repairs of less than 10 square feet shall
not be considered toward the 25% threshold.
Summary of Chan
The new language replaces the old language in its
entirety. The new language includes a requirement
related to firestopping spaces between roofing
materials and roof decking to prevent ember
intrusion.
The new language also includes the relocated text
(from the Design Standards) concerning the
replacement and repair of nonconforming roof
materials. This language reduces allowable repairs
from 25% of the roofing area within any 365 day
period or 50% within anytime period to a one time
repair of no more than 25% of the roof area.
September 6, 2016 - Page 132 of 138
Possible Effects
The new language related to firestopping should
increase safety in the community be reducing the fire
susceptibility of roofs by controlling opportunities for
ember penetration.
The changes reduce the quantity of roofing that is
eligible for repair before the requirement that a
nonconforming roof be replaced in its entirety is
triggered. This should reduce the quantity of
nonconforming roofs in the community and increase
overall safety. This change does reduce the number
of repairs that may be performed on a nonconforming
roof and may be a challenge for some homeowners.
It should be noted that the average valuation for a re -
roof permit within the Town of Vail during 2014 and
2015 was $35,064.00.
Existing Code Language
10-1-3 Amendments to Residential Code
Section R902.1 - Class A Roofing: Section R902.1 is
added, to read as follows:
"Class A roofing shall be installed on all roofs.
Exception 1: Metal and concrete roof systems."
Proposed Code Lanqua
Section R902.1 Shall be deleted in its entirety and
replaced with the following statement: Roofs shall be
covered with materials as set forth in Sections R904
and R905. Roof coverings and roof assemblies shall
be class A roof coverings or class A roof assemblies
for all structures. Class A roofing required by this
section to be listed shall be tested in accordance with
UL 790 and ASTM E 108. Wood shingles and shake
coverings or assemblies are prohibited except where
exempted for replacement or repair as defined below.
Where the roof profile allows space between the roof
covering and the roof decking at the eve ends, the
spaces shall be constructed to prevent intrusion of
flames and embers, be firestopped with approved
materials, or have one layer of 72 pound (32.4 kg)
mineral -surfaced non -perforated cap sheet complying
with ASTM D3909 installed over the combustible
decking.
Replacement or repair: Each structure with a
nonconforming roof covering or assembly will be
allowed one (1) replacement or repair of twenty five
percent (25%) or less of the roof area. Replacement
or repair greater than twenty five percent (25%) or a
second replacement or repair of the roof shall trigger
replacement of the nonconforming roof covering or
assembly with a conforming roof covering or
assembly in its entirety. For the purposes of this
Section, a two-family dwelling shall be considered
two structures with each dwelling allowed one (1)
replacement or repair of twenty five percent (25%) or
less of the dwelling unit's roof area.
R902.2 - Fire Retardant Treated Wood Shingles And
Shakes: Wood shingles and shake coverings or
assemblies are prohibited except where exempted
for replacement or repair per section R902.2.
Emergency repairs of less than 10 square feet shall
not be considered toward the 25% threshold.
Summary of Chan
The new language replaces the old language in its
entirety. The new language includes a requirement
related to firestopping spaces between roofing
materials and roof decking to prevent ember
intrusion.
The new language also includes the relocated text
(from the Design Standards) concerning the
replacement and repair of nonconforming roof
materials. This language reduces allowable repairs
from 25% of the roofing area within any 365 day
period or 50% within anytime period to a one time
repair of no more than 25% of the roof area.
September 6, 2016 - Page 133 of 138
Possible Effects
The new language related to firestopping should
increase safety in the community be reducing the fire
susceptibility of roofs by controlling opportunities for
ember penetration.
The changes reduce the quantity of roofing that is
eligible for repair before the requirement that a
nonconforming roof be replaced in its entirety is
triggered. This should reduce the quantity of
nonconforming roofs in the community and increase
overall safety. This change does reduce the number
of repairs that may be performed on a nonconforming
roof and may be a challenge for some homeowners.
It should be noted that the average valuation for a re -
roof permit within the Town of Vail during 2014 and
2015 was $35,064.00.
Changes to Chapter 14-10 Design Review Standards and Guidelines
Existing Code Language
Proposed Code Language
Summary of Change
Possible Effects
14-10-5: Building Materials and Design
None. New Introductory Paragraph
The Town of Vail is situated within the wildland
A new introductory paragraph highlights the
Increase awareness of wildfires and how
urban interface where community values
importance of recognizing the hazards of
decisions regarding materials and design can
intersect with the potential consequences of
wildfires in the design and construction of homes
affect a structure's survivability.
wildland fires. Wildland fires both big and small
and other buildings.
have the potential to destroy homes and
neighborhoods within the town. The architecture
and chosen materials of a building greatly affect
the survivability of that structure in the face of a
wildfire. The use of Class A roof coverings and
ignition resistant building materials decrease the
hazards to the individual structure as well as the
surrounding homes.
A. The use of noncombustible building materials
A. The use of ignition resistant building materials
The changes to this paragraph are the
The changes continue the perspective
and designs intended to prevent the spread of
and associated design practices intended to
replacement of "noncombustible" with "ignition
established with the opening paragraph about
fire are highly encouraged. Predominantly
prevent the spread of fire are highly encouraged.
resistant" a term defined in the Building Code
the importance of considering building materials
natural building materials shall be used within
Vail Fire and Emergency Services is available to
and the inclusion the availability of the Vail Fire
suitable for a location within a wildland urban
the town of Vail. The exterior use of wood, wood
proved more information on the use of ignition
and Emergency Services to provide technical
interface.
siding, native stone, brick, concrete, stucco, and
resistant materials and designs. Predominantly
assistance.
EIFS may be permitted. Concrete surfaces,
natural building materials shall be used within
when permitted, shall be treated with texture and
the town of Vail. The exterior use of wood, wood
color; however, exposed aggregate is more
siding, native stone, brick, concrete, stucco, and
acceptable than raw concrete. The exterior use
EIFS may be permitted. Concrete surfaces,
of the following siding materials shall be
when permitted, shall be treated with texture and
prohibited: stucco or EIFS with gross textures or
color; however, exposed aggregate is more
surface features that appear to imitate other
acceptable than raw concrete. The exterior use
materials, simulated stone, simulated brick,
of the following siding materials shall be
plastic and vinyl.
prohibited: stucco or EIFS with gross textures or
surface features that appear to imitate other
materials, simulated stone, simulated brick,
plastic and vinyl.
September 6, 2016 - Page 134 of 138
Existing Code Language
Proposed Code Language
Summary of Change
Possible Effects
F. All structures shall have class A roof
F. All structures shall have class A roof
The proposed change removes "Asphalt and
The proposed change focuses on the intent of
assemblies or shall have class A roof covering
assemblies or shall have class A roof covering
fiberglass shingles, when permitted, shall weigh
the regulation which was to require asphalt
materials, as defined by the adopted building
materials, as defined by the adopted building
no less than three hundred (300) pounds per
shingles to display design qualities through
code. The use of concrete tile, slate, metal,
code. The use of concrete tile, slate, metal,
roofing square" and replaces it with "Asphalt and
texture, dimension and relief.
asphalt shingle, fiberglass shingle, and built up
asphalt shingle, fiberglass shingle, and built up
fiberglass shingles, when permitted, shall be
tar and gravel roofing may be permitted. Metal
tar and gravel roofing may be permitted. Metal
designed to provide visual relief through texture,
roofing, when permitted, shall not reflect direct
roofing, when permitted, shall not reflect direct
dimension and depth of appearance. " This
sunlight onto an adjacent property and shall be
sunlight onto an adjacent property and shall be
change removes an outdated design
surfaced with a low gloss finish or be capable of
surfaced with a low gloss finish or be capable of
requirement and replaces it with a qualitative
weathering to a dull finish. Metal roofing, when
weathering to a dull finish. Metal roofing, when
standard.
permitted, shall be of a heavy gauge and
permitted, shall be of a heavy gauge and
designed to provide visual relief to the roof
designed to provide visual relief to the roof
The weight of a roofing square use to be an
surface (including, but not limited to, a standing
surface (including, but not limited to, a standing
indicator of the design quality of a roofing
seam). Asphalt and fiberglass shingles, when
seam). Asphalt and fiberglass shingles, when
material. Changes in the industry have made this
permitted, shall weigh no less than three
permitted, shall be designed to provide visual
standard obsolete. Staff has proposed a
hundred (300) pounds per roofing square. The
relief through texture, dimension and depth of
qualitative standard as its replacement.
use of wood shake, wood shingles and rolled
appearance. The use of wood shake, wood
roofing shall not be permitted. Two-family and
shingles and rolled roofing shall not be
multi -family dwellings shall be required to have
permitted. Two-family and multi -family dwellings
uniform roof covering materials, except when the
shall be required to have uniform roof covering
design review board determines that the
materials, except when the design review board
materials are compatible, are integral to the
determines that the materials are compatible,
architectural style of the structure and different
are integral to the architectural style of the
materials do not share any ridges or planes, but
structure and different materials do not share
may share a valley.
any ridges or planes, but may share a valley.
1. Nonconforming Structures: All structures that
1. Nonconforming Structures: All structures that
The proposed change replaces "come into
The proposed change makes it clear to the
do not have a class A roof assembly or class A
do not have a class A roof assembly or class A
compliance" with "replace the roof covering"
community that the way to bring nonconforming
roof covering material, or structures with wood
roof covering material, or structures with wood
roofs, especially those with wood shingles or
shake or wood shingles shall come into
shake or wood shingles shall replace the roof
shakes, into compliance is to replace the roof
compliance as follows:
covering as follows:
with a material more suitable for an area prone
to wildfires.
September 6, 2016 - Page 135 of 138
Existing Code Language
Proposed Code Language
Summary of Change
Possible Effects
a. Repair And Maintenance: Repair and
None. Language Stricken
The proposed change strikes the paragraph on
As repair and maintenance are more a function
maintenance of twenty five percent (25%) or
repair and maintenance. It is proposed to be re-
of the building department and not an element of
more of the roof area of a single-family dwelling,
written and placed in the Building Code.
design, relocation into the Building Code seems
a side of a two-family dwelling, or of an entire
Removing this paragraph changes the
appropriate.
multiple -family dwelling within a twelve (12)
numbering of the subsequent paragraphs.
month period, or fifty percent (50%) or more of
the total roof area in any time period shall
require compliance of the entire roof of the
single-family dwelling, the affected side of a two-
family dwelling, or an entire multiple -family
dwelling.
c. Two -Family Structures: Upon reroofing one
b. Two -Family Structures: Upon reroofing one
Replacement of "may" with "shall" to emphasize
Although appearing substantive, the
side of a two-family dwelling, the other side may
side of a two-family dwelling, the other side shall
that roof systems on two-family structures that
replacement of "may" with "shall" in this instance
be required to be reroofed if the two (2) sides
be required to be reroofed if the two (2) sides
contain wood shakes or shingles that share
is not. In practice, the community development
have roof systems that share ridges or planes.
have roof systems that share ridges or planes.
ridges or planes cannot be replaced independent
department has not permitted re -roofs of two -
Different materials on each side of the two-family
Different materials on each side of the two-family
of one another.
family dwellings units independently that share
dwelling may be permitted by the design review
dwelling may be permitted by the design review
ridges or planes.
board if the materials are deemed compatible,
board if the materials are deemed compatible,
Change in numbering
integral to the architectural style of the structure
integral to the architectural style of the structure
and share a valley or do not intersect.
and share a valley or do not intersect.
September 6, 2016 - Page 136 of 138
TOWN OF VAIP
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Ordinance No. 20, Series of 2016 -Second Reading, An Ordinance Repealing
and Reenacting Ordinance No. 11, Series 1990, Establishing Special Development District No. 24,
Warner Development, Pursuant to Article A, Special Development (SDD) District, Chapter 9, Title
12, Zoning Regulations, Vail Town Code and Setting Forth Details in Regard Thereto
PRESENTER(S): Matt Panfil, Planner
ACTION REQUESTED OF COUNCIL: Table Ordinance No. 20, Series of 2016 to the
September 20, 2016 Town Council meeting.
BACKGROUND: When SDD No. 24, Warner Development, was approved in 1990, the subject
property deviated from the underlying Two -Family Primary/Secondary Residential (PS) District in
regards to gross residential floor area (GRFA) and site coverage. As part of the approval it was
conditioned that the indoor pool area permanently be restricted to use as a pool. In 2004, changes
were made to the Vail Town Code with regard to the calculation of GRFA resulting in the subject
property now having an excess amount of allowable GRFA.
STAFF RECOMMENDATION: Table Ordinance No. 20, Series of 2016 to the September 20,
2016 Town Council meeting.
September 6, 2016 - Page 137 c
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Adjournment 8:20 p.m.
TOWN OF VAIP
September 6, 2016 - Page 138 c