Loading...
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 TRAILB LAZE F AWARD TOWN DF +L 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: SING gQ Y OF �Fvps t G0. "'DRA'CEo��� �COMMU01 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 Town of Vail Page 12 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. " Town of Vail Page 3 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: Town of Vail Page 4 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. " Town of Vail Page 5 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. Town of Vail Page 7 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: Town of Vail Page 8 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 Town of Vail Page 10 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. 1 8/30/2016 IITSCLIENTISICOMMUNITY DEVELOPMENTIBOARDSI TOWN COUNCILIORDINANCES1 MORDINANCE NO. 25, SERIES 2016, WILDLAND FIRE RESISTANT BUILDING PRACTICES.DOCX September 6, 2016 - Page 125 c 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 2 8/30/2016 IITSCLIENTISICOMMUNITY DEVELOPMENTIBOARDSI TOWN COUNCILIORDINANCES1 MORDINANCE NO. 25, SERIES 2016, WILDLAND FIRE RESISTANT BUILDING PRACTICES.DOCX 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 3 8/30/2016 IITSCLIENDSICOMMUNITY DEVELOPMENTIBOARDSITOWN COUNCILIORDINANCES1161ORDINANCE NO. 25, SERIES 2016, WILDLAND FIRE RESISTANT BUILDING PRACTICES.DOCX September 6, 2016 - Page 127 c 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 4 8/30/2016 IITSCLIENDSICOMMUNITY DEVELOPMENTIBOARDSITOWN COUNCILIORDINANCES1161ORDINANCE NO. 25, SERIES 2016, WILDLAND FIRE RESISTANT BUILDING PRACTICES.DOCX September 6, 2016 - Page 128 c 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. 5 8/30/2016 IITSCLIENDSICOMMUNITY DEVELOPMENTIBOARDSITOWN COUNCILIORDINANCES1161ORDINANCE NO. 25, SERIES 2016, WILDLAND FIRE RESISTANT BUILDING PRACTICES.DOCX September 6, 2016 - Page 129 c IMM A J-- -L11111 - L-1— k-1 — IIILJ—j� 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. 5 8/30/2016 IITSCLIENDSICOMMUNITY DEVELOPMENTIBOARDSITOWN COUNCILIORDINANCES1161ORDINANCE NO. 25, SERIES 2016, WILDLAND FIRE RESISTANT BUILDING PRACTICES.DOCX September 6, 2016 - Page 129 c 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 6 8/30/2016 IITSCLIENDSICOMMUNITY DEVELOPMENTIBOARDSITOWN COUNCILIORDINANCES1161ORDINANCE NO. 25, SERIES 2016, WILDLAND FIRE RESISTANT BUILDING PRACTICES.DOCX September 6, 2016 - Page 130 c 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 7 8/30/2016 IITSCLIENDSICOMMUNITY DEVELOPMENTIBOARDSITOWN COUNCILIORDINANCES1161ORDINANCE NO. 25, SERIES 2016, WILDLAND FIRE RESISTANT BUILDING PRACTICES.DOCX September 6, 2016 - Page 131 c 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