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2016-09-20 Agenda and Supporting Documentation Town Council Regular Meeting Agenda
VAIL TOWN COUNCIL REGULAR MEETING Evening Agenda TOWN Of VAIL' Town Council Chambers 75 South Frontage Road W., Vail, CO 81657 6:00 PM, September 20, 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. Consent Agenda 2.1. Resolution No. 28, Series of 2016, A Resolution of the Vail Town Council Authorizing the Town Manager to Grant Certain Utility and Access Easements Necessary for Chamonix Project Background: The Town of Vail owns certain real property more particularly described as Parcel B, a Resubidivision of Tract D, a Resubdivision of Vail Das Shone Filing 1, a Resubdivision of Parcels A & B, according to the Correction Plat thereof, situated in Section 11, Township 5 South, Range 81 West of the 6th Principal Meridian in the Town of Vail, County of Eagle, Colorado (the "Chamonix Property"). The Chamonix Project will require certain utility easements, the enact locations of which are unknown at this point in time, as well as associated access easements. 2.2. Comprehensive Open Lands Plan Contract Award Background: The Comprehensive Open Lands Plan will be updated as directed by Town Council with a public process taking place over the next six to seven months. 3. Town Manager Report 4. Action Items 4.1. Ordinance No. 21, Series of 2016, First Reading, An Ordinance Amending 15 min. Title 5 of the Vail Town Code by the Addition Thereto of a New Chapter 15 Concerning the Regulation of Recreational Unmanned Aircraft Systems (DRONES) Presenter(s): Craig Bettis, Commander, VPD Action Requested of Council: Approve, approve with amendments, or deny September 20, 2016 - Page 1 Ordinance No. 21, 2016 upon first reading Background: Unmanned aircraft systems ("UAS"), commonly known as drones, are devices that are used or are intended to be used for flight in the air with no onboard pilot. The Town Council finds that recreational UAS, when operated within the Town and particularly in populated areas, present an appreciable risk to public safety in the air and to persons and property on the ground. The Town Council, pursuant to its authority to protect and secure the public health, safety and welfare of its citizens, desires to enact regulations for the use and operation of recreational UAS in the Town. 4.2. Ordinance No. 22, Series of 2016, First Reading, An Ordinance Repealing 15 min. and Reenacting Chapter 4 of Title 5 of the Vail Town Code, Concerning Smoking Presenter(s): Dwight Henninger, Police Chief and Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 22, 2016 upon first reading. Background: In 2006, the Colorado legislature passed the Colorado Clean Indoor Air Act, C.R.S. § 25-14-201, et seq. (the "CCIAA"), which provides that a municipality may enact, adopt, and enforce smoking regulations that are no less stringent than state law. The Town Council desires to repeal and reenact Chapter 4 of Title 5 of the Vail Town Code to comply with the CCIAA and to regulate electronic smoking devices. 5. Public Hearings 5.1. Ordinance No. 20, Series of 2016 - Second Reading, An Ordinance 20 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: 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. Staff Recommendation: The Community Development Department recommends approval to the Town Council of a major amendment to Special Development District 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. 5.2. Ordinance No. 23, Series 2016, Second Reading, An Ordinance to Amend 5 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. September 20, 2016 - Page 2 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 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. 5.3. Ordinance No. 24, Series 2016, Second Reading, An Ordinance Amending 5 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 5.4. Ordinance No. 25, Series of 2016, Second Reading, An Ordinance 5 min. 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 second 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 second reading. 6. Adjournment 6.1. Adjournment at 7:15 pm September 20, 2016 - Page 3 Meeting agendas and materials can be accessed www.vailgov.com. All town council meetings will be str available for public viewing as the meeting is happening. the week following meeting day, www.publicaccess5.org. prior to meeting day on the Town of Vail website earned live by Public Access Television Channel 5 and The meeting videos are also posted to Channel 5 website 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 20, 2016 - Page 4 TOWN Of VAJL' VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 28, Series of 2016, A Resolution of the Vail Town Council Authorizing the Town Manager to Grant Certain Utility and Access Easements Necessary for Chamonix Project BACKGROUND: The Town of Vail owns certain real property more particularly described as Parcel B, a Resubidivision of Tract D, a Resubdivision of Vail Das Shone Filing 1, a Resubdivision of Parcels A & B, according to the Correction Plat thereof, situated in Section 11, Township 5 South, Range 81 West of the 6th Principal Meridian in the Town of Vail, County of Eagle, Colorado (the "Chamonix Property"). The Chamonix Project will require certain utility easements, the exact locations of which are unknown at this point in time, as well as associated access easements. ATTACHMENTS: Description Resolution No. 28, Series of 2016 September 20, 2016 - Page 5 RESOLUTION NO. 28 SERIES OF 2016 A RESOLUTION OF THE VAIL TOWN COUNCIL AUTHORIZING THE TOWN MANAGER TO GRANT CERTAIN UTILITY AND ACCESS EASEMENTS NECESSARY FOR THE CHAMONIX PROJECT WHEREAS, the Town owns certain real property more particularly described as Parcel B, a Resubidivision of Tract D, a Resubdivision of Vail Das Shone Filing 1, a Resubdivision of Parcels A & B, according to the Correction Plat thereof, situated in Section 11, Township 5 South, Range 81 West of the 6th Principal Meridian in the Town of Vail, County of Eagle, Colorado (the "Chamonix Property"); WHEREAS, the Town is pursuing a housing development on the Chamonix Property (the "Chamonix Project"); and WHEREAS, the Chamonix Project will require certain utility easements, the exact locations of which are unknown at this point in time, as well as associated access easements. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby authorizes the Town Manager to execute appropriate and necessary non-exclusive utility and access easements over the Chamonix Property for construction, sanitary sewer, drainage, electric, natural gas, telephone, cable and fiber optic lines, for the benefit of all providers of such services. The easements shall provide that, following installation of improvements on the Chamonix Property, the easement holders shall reduce and redefine the easement areas to cover only those portions of the Chamonix Property on which improvements are actually installed, plus reasonable access areas. INTRODUCED, PASSED AND ADOPTED this 20th day of September, 2016. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 28, Series of 2016 September 20, 2016 - Page 6 TOWN OF VAR' VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Comprehensive Open Lands Plan ContractAward BACKGROUND: The Comprehensive Open Lands Plan will be updated as directed by Town Council with a public process taking place over the next six to seven months. ATTACHMENTS: Description Comprehensive Open Lands Plan Update Contract Award September 20, 2016 - Page 7 0 rowN of vain Memorandum To: Town Council From: Public Works and community Development Date: 09/20/2016 Subject: Comprehensive Open Lands Plan Update Contract Award ITEM/TOPIC Comprehensive Open Lands Plan Update Contract Award. II. ACTION REQUESTED OF COUNCIL Authorize the Town Manager to enter into an agreement with Braun Associates Inc.(BAI) to undertake the Comprehensive Open Lands Plan Update to include the planning process, plan preparation and plan adoption. III. BACKGROUND In the spring of 2016 staff received direction from the Vail Town Council to update the 1994 Comprehensive Open Lands plan. The staff, working with BAI prepared a scope of work which will update the plan with regard to open lands, riparian protection as well as trails. The update will be vetted using a pubic process and will be brought forth for adoption through both the Planning and Environmental Commission and Town Council. The plan preparation and public process is scheduled in the 6-7 month time frame with an additional 3-4 months for the adoption process and plan completion. IV. STAFF RECOMMENDATION Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Braun Associates Inc. for the Comprehensive Open Lands Plan Update to include the planning process, plan preparation and plan adoption in the amount not to exceed $85,000. September 20, 2016 - Page 8 TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 21, Series of 2016, First Reading, An Ordinance Amending Title 5 of the Vail Town Code by the Addition Thereto of a New Chapter 15 Concerning the Regulation of Recreational Unmanned Aircraft Systems (DRONES) PRESENTER(S): Craig Bettis, Commander, VPD ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny Ordinance No. 21, 2016 upon first reading BACKGROUND: Unmanned aircraft systems ("UAS"), commonly known as drones, are devices that are used or are intended to be used for flight in the air with no onboard pilot. The Town Council finds that recreational UAS, when operated within the Town and particularly in populated areas, present an appreciable risk to public safety in the air and to persons and property on the ground. The Town Council, pursuant to its authority to protect and secure the public health, safety and welfare of its citizens, desires to enact regulations for the use and operation of recreational UAS in the Town. ATTACHMENTS: Description Memo Ordinance No. 21, Series of 2016, Amend Code for Use and Operation of UAS Ordinance No. 21, Series of 2016 September 20, 2016 - Page 9 TOWN OF VAIL5;' To: Town Council From: Dwight Henninger, Police Chief Craig Bettis, Commander Date: 09/13/16 Subject: Drones Memorandum This memorandum and fact sheet addresses the Town's authority and position to adopt regulations for the use and operation of Unmanned Aircraft Systems ("UAS"), commonly known as "drones." In considering what has been discussed thus far with council regarding the town's position, congruent with the most recent FAA regulations and taking into account hearing from a very small segment of the town population during public comment. The following facts, map and ordinance amending the Town Code to include Chapter 15: The Regulation of Recreational Unmanned Aircraft Systems is being recommended for adoption. FACTS • The Town cannot regulate commercial drones. • The Town can regulate recreational drones. • Commercial drones are drones used for: o crop monitoring/inspection; o research and development; o educational/academic uses; o power-line/pipeline inspection in hilly or mountainous terrain; o antenna inspections; o aiding certain rescue operations; o bridge inspections; o aerial photography; and September 20, 2016 - Page 10 c o wildlife nesting area evaluations. • Commercial drones, under FAA rules, must: o be registered with the FAA; o be operated or have the operation directly supervised by a licensed pilot with a remote pilot certificate issued by the FAA; o yield to the right-of-way to all aircraft; o not operate directly over people not directly participating in the operation and not under a safe cover such as a covered structure or a stationary vehicle; o fly below 400 feet or, if higher than 400 feet, remain within 400 feet radius of a structure and not more than 400 feet above the structure's uppermost limit; o maintain visual line of sight; 0 operate under minimum weather visibility of 3 miles; o fly during daylight or twilight (30 minutes before official sunrise and 30 minutes after official sunset, local time) with appropriate anti -collision lighting; and o not operate in Class B, C, or D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport without prior air traffic control authorization. • Recreational drones, under the Town's ordinance, must: o be flown below a maximum altitude of 400 feet above the ground; o weigh no more than 55 pounds at the time of operation, inclusive of equipment, payload and fuel; o be flown within the visual line of sight of the person operating the drone; o not be operated over any person not directly involved in the operation; o not be flown near pedestrians, bicyclists, motorists, roadways, parking lots, playgrounds, stadiums, sporting events, festivals or other open air assembly of persons, or areas or special events subject to an FAA notice of temporary flight restriction; o remain clear of and not interfere with manned aircraft operations or other drones; o be operated during daylight hours only; o not be operated from a moving vehicle or other aircraft; Town of Vail Page 2 September 20, 2016 - Page 11 c o be operated in compliance with all applicable law, including any regulations adopted by the FAA; o not be operated in a reckless or careless manner so as to endanger the health, safety or well-being of persons or property; and o not be operated in pedestrian areas of Vail Village, Lionshead Village, including the town owned parking structures in both Vail and Lionshead, Ford Park and the area immediately surrounding the Vail Valley Medical Center Heli -Port; provided that o The Town's drone regulations to not apply to law enforcement or emergency services operations. • All recreational drone operators 13 years of age and older must register with the FAA if any of the drones they operate outdoors weigh more than 0.55 pounds and less than 55 pounds. In addition, for Event Commercial use the Town of Vail Event Review Committee (ERC) has enacted within the permitting process the following application questions: Ref. Step 16 Step 16 Unmanned Aircraft System (UAS/Drones) Commercial Use Does the Commercial UAS operator have a valid pilot license Yes or No Is the operator/pilot Insured and Registered? Yes or No The Town of Vail reserves the authority to authorize a "No Drone Zone" based on certain events that meet a safety and security criteria. Training It is essential that whoever is operating your entity's drone knows how to do so safely and properly. Following the drone manufacturer's guidelines is an important first step. Public notification Personal privacy must be respected at all times. Whenever you plan on using a drone for any significant length of time, and it will be seen by the public, you should provide advance notice, including the intent of the drone's use. Inspection and maintenance Cover everything from pre- and post flight inspections, maintenance schedules, and operator qualification testing to verification, renewal, and any other municipality -specific components that ensure. Town of Vail Page 3 September 20, 2016 - Page 12 c Town of Vail Page 4 September 20, 2016 - Page 13 c ORDINANCE NO. 21 SERIES 2016 AN ORDINANCE AMENDING TITLE 5 OF THE VAIL TOWN CODE BY THE ADDITION THERETO OF A NEW CHAPTER 15 CONCERNING THE REGULATION OF RECREATIONAL UNMANNED AIRCRAFT SYSTEMS (DRONES) WHEREAS, unmanned aircraft systems ("UAS"), commonly known as drones, are devices that are used or are intended to be used for flight in the air with no onboard pilot; WHEREAS, there has been considerable increase in the use and popularity of recreational UAS; WHEREAS, the Town Council finds that recreational UAS, when operated within the Town and particularly in populated areas, present an appreciable risk to public safety in the air and to persons and property on the ground; and WHEREAS, the Town Council, pursuant to its authority to protect and secure the public health, safety and welfare of its citizens, desires to enact regulations for the use and operation of recreational UAS in the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 5 of the Vail Town Code is hereby amended by the addition of a new Chapter 15 to read as follows: Chapter 15 RECREATIONAL UNMANNED AIRCRAFT SYSTEMS 5-15-1: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: UNMANNED AIRCRAFT SYSTEM (UAS) means an aircraft, powered aerial vehicle, or other device without a human pilot aboard, the flight of which is controlled either autonomously by onboard computers or by the remote control of a pilot operator on the ground or in another vehicle or aircraft, and all associated equipment and apparatus, used for a hobby or recreational purpose. FAA means the Federal Aviation Administration. OPERATE means to use, fly, launch, land, employ, control or engage the functionality of a UAS in any manner. 1 9/15/2016 C:IPROGRAM FILES (X86)INEEVIA.COMIDOCCONVERTERPROITEMPINVDCI3FF3C878-1422-4DB2-824F- CC648849BOOVAIL GOV.8243.1.ORDINANCE NO._21_SERIES_OF 2016.DOCX September 20, 2016 - Page 14 c TOWN AIRSPACE includes all airspace above the territorial boundaries of the Town, to the full extent that such airspace can legally be regulated by the Town. VISUAL LINE OF SIGHT means the UAS must be visible at all times to the operator of the UAS, the operator must use his or her own natural vision to observe the UAS, and persons other than the operator may not be used in lieu of the operator for maintaining visual line of sight. The operator's own natural vision may include vision corrected by standard eyeglasses or contact lenses. 5-15-2: SAFETY REQUIREMENTS: It is unlawful to operate a UAS within the Town or in Town Airspace, except in conformance with the following: A. The UAS shall be flown below a maximum altitude of four hundred (400) feet above the ground. B. The UAS shall weigh no more than fifty-five (55) pounds at the time of operation, inclusive of equipment, payload and fuel. C. The UAS shall be flown within the visual line of sight of the person operating the UAS. D. The UAS shall not be operated over any person not directly involved in the operation. E. The UAS shall not be flown near pedestrians, bicyclists, motorists, roadways, parking lots, playgrounds, stadiums, sporting events, festivals or other open air assembly of persons, or areas or special events subject to an FAA notice of temporary flight restriction. F. The UAS shall remain clear of and not interfere with manned aircraft operations or other UAS. G. The UAS shall be operated during daylight hours only. H. The UAS shall not be operated from a moving vehicle or other aircraft. I. The UAS shall be operated in compliance with all applicable law, including any regulations adopted by the FAA. 5-15-3: RECKLESS OR CARELESS OPERATION: It is unlawful to operate a UAS in a reckless or careless manner so as to endanger the health, safety or well-being of persons or property. A person 2 9/15/2016 C: IPRO GRAM FILES (X86) I NEEVIA. COMI DOCCONVERTERPROI TEMPI NVDCI3FF3C878-1422-4DB2-824F- CC64884986081VAIL GOV.8243.1.ORDINANCE NO._21_SERIES OF 2016.DOCX September 20, 2016 - Page 15 c shall not operate a UAS if he or she knows or has reason to know of any physical or mental condition that would interfere with the safe operation of the UAS, or if he or she knows or has reason to know that the UAS is not in proper working order. 5-15-4: RESTRICTED AREAS: A. It is unlawful to operate a UAS in pedestrian areas of Vail Village, Lionshead Village and Ford Park. B. It is unlawful to operate a UAS in any area in the Town in which the UAS would interfere with a helicopter accessing or leaving the Vail Valley Medical Center. C. It is unlawful to operate a UAS in or above a public parking structure. 5-15-5: USE BY LAW ENFORCEMENT/EMERGENCY SERVICES: Nothing in this Chapter is intended to prohibit the use of a UAS for lawful purposes and in a lawful manner by any law enforcement agency of the Town or other local, state or federal government, or emergency services personnel. 5-15-6: VIOLATION AND PENALTY: A. It is unlawful to violate any provision of this Chapter. A person who is convicted of violating any provision of this Chapter shall be punished as provided in Section 1-4-1 of this Code. B. In addition to the penalty set forth in subsection A, the Town many impound any UAS that is operated in a careless or reckless manner, in the interest of public safety. Section 2. Severability. 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 Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. Retroactivity. 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. 3 9/15/2016 C: IPRO GRAM FILES (X86) I NEEVIA. COMI DOCCONVERTERPROI TEMPI NVDCI3FF3C878-1422-4DB2-824F- CC64884986081VAIL GOV.8243.1.ORDINANCE NO._21_SERIES OF 2016.DOCX September 20, 2016 - Page 16 c Section 4. Repeal. 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 day of , 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 4 9/15/2016 C: IPRO GRAM FILES (X86) I NEEVIA. COMI DOCCONVERTERPROI TEMPI NVDCI3FF3C878-1422-4DB2-824F- CC64884986081VAIL GOV.8243.1.ORDINANCE NO._21_SERIES OF 2016.DOCX September 20, 2016 - Page 17 c TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 22, Series of 2016, First Reading, An Ordinance Repealing and Reenacting Chapter 4 of Title 5 of the Vail Town Code, Concerning Smoking PRESENTER(S): Dwight Henninger, Police Chief and Matt Mire, Town Attorney ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance No. 22, 2016 upon first reading. BACKGROUND: In 2006, the Colorado legislature passed the Colorado Clean Indoor Air Act, C.R.S. § 25-14-201, et seq. (the "CCIAA"), which provides that a municipality may enact, adopt, and enforce smoking regulations that are no less stringent than state law. The Town Council desires to repeal and reenact Chapter 4 of Title 5 of the Vail Town Code to comply with the CCIAA and to regulate electronic smoking devices. ATTACHMENTS: Description Ordinance No. 22, Series of 2016 September 20, 2016 - Page 18 c ORDINANCE NO. 22 SERIES 2016 AN ORDINANCE REPEALING AND REENACTING CHAPTER 4 OF TITLE 5 OF THE VAIL TOWN CODE, CONCERNING SMOKING WHEREAS, in 2006, the Colorado legislature passed the Colorado Clean Indoor Air Act, C.R.S. § 25-14-201, et seq. (the "CCIAA"), which provides that a municipality may enact, adopt, and enforce smoking regulations that are no less stringent than state law; and WHEREAS, the Town Council desires to repeal and reenact Chapter 4 of Title 5 of the Vail Town Code to comply with the CCIAA and to regulate electronic smoking devices. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 4 of Title 5 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: CHAPTER 4 SMOKING 5-4-1: DEFINITIONS: ELECTRONIC SMOKING DEVICE: An electric or battery-operated device, the use of which resembles conventional smoking, which can be used to deliver substances, including without limitation nicotine, tobacco, or marijuana, to the person using such device, including without limitation an electronic cigarette, cigar, cigarillo, pipe, or hookah, but excluding any product approved by the U.S. Food and Drug Administration as a drug or medical device that is used in accordance with its purpose. EMPLOYEE: Any person who is employed by an employer. EMPLOYER: Any person, partnership or corporation, including a municipal corporation, who employs the services of any person. ENCLOSED AREA: All space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of doors or passageways) which extend from floor to ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid or similar structures. ENTRYWAY: The front or main doorway leading into a building. MINOR: A person under eighteen (18) years of age. Ordinance No. 22, Series of 2016 September 20, 2016 - Page 19 c NICOTINE PRODUCT: An electronic device or any component thereof that can be used to deliver nicotine to the person inhaling from the device, including, without limitation, an electronic cigarette, cigar, cigarillo, hookah, pipe or nicotine vaporizer; and nicotine or other chemical liquids, extracts, and oils intended to be used therein. PLACE OF EMPLOYMENT: Any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment. PUBLIC PLACE: Any enclosed area in which the general public is permitted, including without limitation: convention halls, covered parking structures, public or private educational facilities, childcare facilities, adult daycare or medical or healthcare facilities, hospitals, gymnasiums, post offices, guest rooms in commercial lodging establishments, laundromats, performance halls, polling places, professional offices, public transportation facilities, taxis, reception areas, restaurants, bars, retail food production and marketing/grocery establishments, retail service establishments, retail stores, indoor sports arenas, bowling alleys, billiard or pool halls, and theaters; every room, chamber or place of meeting or public assembly; all areas of an establishment that are open to, or customarily used by, the general public, including without limitation elevators, restrooms, lobbies, reception areas, hallways, waiting rooms and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes and other multiple unit residential or commercial lodging establishments; and any private residence when in use as a child care, adult daycare, or health care facility. RETAIL TOBACCO STORE: A retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. SMOKING: The lighting of any cigarette, cigar, pipe, or the activation of an electronic smoking device, or the possession of any lighted cigarette, cigar, pipe or activated electronic smoking device, regardless of its composition. TOBACCO PRODUCT: A product that contains tobacco or is derived from tobacco and is intended to be ingested, inhaled, smoked, placed in oral or nasal cavities, or applied to the skin of an individual, including, without limitation, cigarettes, cigars, cigarillos, kreteks, bidis, hookah, and pipes; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff and snuff flour, snus, plug and twist, fine cut, and other chewing or dipping tobacco; shorts, refuse scraps, clippings, cuttings, and seepings of tobacco; and any other kinds and forms of tobacco, prepared Ordinance No. 22, Series of 2016 September 20, 2016 - Page 20 c in such manner as to be suitable for both chewing or for smoking in a cigarette, pipe, or otherwise, or both for chewing and smoking. WORK AREA: An area in a place of employment where one or more employees are routinely assigned and perform services for or on behalf of their employer. 5-4-2: SMOKING PROHIBITED: A. Public Places: Smoking is prohibited in any public place. B. Entryways: Smoking is prohibited within fifteen (15) feet of any entryway. C. Outdoor areas: Smoking is prohibited within fifteen (15) feet of any outdoor patio or deck designated as an area for the consumption of food or drinks. D. Posted Areas: Smoking is prohibited in designated "no smoking" areas as set forth in Sections 5-4-3 and 5-4-5. E. Other Areas: Smoking is prohibited in those areas where smoking is prohibited by state law, fire code regulations, or other regulations of the Town. 5-4-3: SMOKING PERMITTED: A. Smoking is permitted in the following places: 1. Private homes and vehicles except if any such home is being used for childcare or daycare or vehicle is being used for the public transportation of children; 2. Limousines under private hire; 3. Commercial lodging, including without limitation hotel and motel rooms rented to one or more guests and designated as smoking rooms; provided, however, that not more than twenty-five (25%) percent of the rooms in a hotel or motel may be so designated; 4. Retail tobacco stores; 5. A place of employment that is not open to the public and that is under the control of an employer that employs three (3) or fewer employees; 6. Smoking by performers as part of a stage production at a theater; and Ordinance No. 22, Series of 2016 September 20, 2016 - Page 21 c 7. Areas of assisted living facilities that are designated for smoking, that are fully enclosed and ventilated and to which access is restricted to the residents and their guests. B. Notwithstanding any other provision of this Section, an owner, operator, manager or other person who controls an establishment, facility or grounds described in this Section may declare the entire establishment, facility or grounds smoke-free. C. In the case of employers who own facilities otherwise exempted under this Section, each such employer shall provide a smoke-free work area for each employee requesting not to have to breathe environmental tobacco smoke. Every employee shall have a right to work in an area free of environmental tobacco smoke. 5-4-4: DISCRIMINATION OR RETALIATION UNLAWFUL: It is unlawful for an employer, proprietor or person in charge of a public place or place of employment regulated under this Chapter to discharge, discriminate against or in any manner retaliate against any person who requests the designation of "no smoking" areas or enforcement of "no smoking" areas. 5-4-6: MINORS: A. It is unlawful for a minor to possess, consume, or use a tobacco product or nicotine product in the Town. B. It is unlawful for a minor to purchase, obtain or attempt to purchase or obtain a tobacco product or nicotine product in the Town by misrepresentation of age or by any other method. C. It is unlawful for a person to knowingly furnish to a minor in the Town, by gift, sale or any other means, a tobacco product or nicotine product. D. It is a rebuttable presumption that the substance within a package or container is a tobacco product or nicotine product if the package or container has affixed to it a label which identifies the package or container as containing a tobacco or nicotine product. E. It is an affirmative defense to a prosecution under this Section that the person furnishing the tobacco product or nicotine product was presented with and reasonably relied upon a document which identified the minor receiving the tobacco product or nicotine product as being eighteen (18) years of age or older. Ordinance No. 22, Series of 2016 September 20, 2016 - Page 22 c 5-4-7: VIOLATION AND PENALTY: A. It is unlawful to violate any provision of this Chapter. B. The penalty for a violation of this Chapter shall be as provided in Section 1-4-1 of this Code. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. 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 5. 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 16th day of August, 2016 and a public hearing for second reading of this Ordinance is set for the 20th day of September, 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 Ordinance No. 22, Series of 2016 September 20, 2016 - Page 23 c ATTEST: Patty McKenny, Town Clerk Ordinance No. 22, Series of 2016 September 20, 2016 - Page 24 c 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: 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. STAFF RECOMMENDATION: The Community Development Department recommends approval to the Town Council of a major amendment to Special Development District 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. ATTACHMENTS: Description Staff Memorandum VLHA Recommendation Memo Ordinance Staff Memo to PEC PEC16-0027 Attachments September 20, 2016 - Page 25 c TOWN OF VAIL Memorandum TO: Vail Town Council FROM: Community Development Department DATE: September 20, 2016 SUBJECT: 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). Applicant: Deborah Webster, represented by Current Architects Planner: Matt Panfil I. SUMMARY The applicant, Deborah Webster, represented by Michael Current of Current Architects, is requesting a recommendation to the Vail Town Council for a major amendment to Special Development District (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. M-1/_Ta:(r]:1911J►117 At their meeting on March 12, 1990, the PEC voted unanimously 7-0 to recommend that the Town Council deny the request to establish SDD No. 24, Warner Development. According to the minutes, the rationale behind the PEC's recommendation of denial was that it felt any site planning or design aspects of the proposal could be accomplished under the existing zoning regulations and that the request for an SDD was an attempt to circumvent the underlying Two -Family Primary / Secondary Residential District standards in regards to site coverage and gross residential floor area (GRFA) for Lot 4 by offering three (3) employee housing units (EHUs) as a concession for the requested density increases. September 20, 2016 - Page 26 c At the April 3, 1990, Vail Town Council meeting, the applicant, Mr. Robert Warner, stated that due to his wife's chronically bad back, her doctor prescribed daily swimming as treatment. Mr. Warner argued that it was this need for a pool that required GRFA beyond what was permitted by the underlying zoning. The Town Council voted to approve SDD No. 24, with the condition that the pool area be permanently restricted to use as a pool, because they believed the offer to provide three (3) EHUs, one (1) EHU at each of the three (3) lots within the SDD, was a benefit to the Town. Therefore Section 4-D-2 of Ordinance No. 11, Series of 1990 allowed Lot 4 a maximum of 5,500 square feet of GRFA. In 2004, changes were made to the Vail Town Code with regard to the calculation of GRFA that, if not for the existing SDD language, would result in the subject property having an excess amount of allowable GRFA. The applicant contends that this excess amount of allowable GRFA now precludes the necessity of the pool restriction. III. RECOMMENDATION The Planning and Environmental Commission recommends that the Town Council approve Ordinance No. 20, Series of 2016 upon second reading. Changes Since First Reading_ At the first reading, the Vail Town Council approved a condition of approval in order that all employee housing units (EHUs) within the SDD (Lots 3, 4, and 5) be required to be leased and a deed restriction agreement for the occupancy, rental and transfer of a Type III Employee Housing Unit, as is currently defined by Vail Town Code, be submitted by each of the respective owners prior to the effective date of the SDD Ordinance. In response, the applicant has indicated that the above referenced condition of approval would result in the withdrawal of their application. Instead, the applicant offers to accept the condition of approval to submit an updated deed restriction agreement for the occupancy, rental and transfer of a Type III Employee Housing Unit, as is currently defined by Vail Town Code, for Lot 4, but not Lots 3 and 5. The Vail Local Housing Authority (VLHA) has submitted a letter in support of the applicant's proposal and has suggested an updated condition of approval. Staff recommends that the Town Council approve Ordinance No. 20, Series of 2016 with the updated condition of approval as suggested by the VLHA for the following reasons: Under the Town Council's previously approved condition of approval, it is unlikely that any of the three (3) EHU deed restrictions will be updated. The Town of Vail Page 2 September 20, 2016 - Page 27 c result could be a lose -lose scenario in which the units are never occupied by local employees; 2. The VLHA's suggested condition of approval ensures that at least one (1) of the three (3) EHUs will be occupied and allows for the other two (2) EHUs to be updated at a later date; and 3. Any EHU exchange is still subject to Town Council approval. Staff also notes that because the GRFA on Lots 3 and 5 are limited by the existing SDD language to an amount below the underlying zoning district, there may be a future opportunity to update their EHU deed restrictions. If the owners of Lots 3 and 5 want to use the GRFA allowed by the underlying zone district, the Town Council may consider such a request in exchange for updating their EHU deed restrictions. Should the Town Council support the VLHA's suggested change to their previously approved condition of approval for Ordinance No. 20, Series of 2016, the Community Development Department recommends the Town Council passes the following motion: "The Vail Town Council approves Ordinance No. 20, Series of 2016, 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. Condition: 1. That Section 5 of Ordinance No. 20, Series of 2016, be amended so that the use of the employee housing unit (EHU) on Lot 4, as indicated on floor plans referenced in Section 3 of this Ordinance, shall be permanently restricted to long term employee housing rental and is required to be leased. A deed restriction agreement for the occupancy, rental and transfer of a Type 111 Employee Housing Unit, as is defined on the effective date of this ordinance outlining this restriction, shall be submitted by the owner of Lot 4 to the Town of Vail and said agreement shall be reviewed, approved and recorded prior to the effective date of this ordinance. The EHU on Lot 4 shall be eligible for participation in the Employee Housing Unit Deed Restriction Exchange Program, subject to Town Council approval. Should the Vail Town Council choose to approve, with one condition, Ordinance No. 20, Series of 2016, the Community Development Department recommends the Council makes the following findings: Town of Vail Page 3 September 20, 2016 - Page 28 c "Based upon the review of the criteria outlined in Section Vll 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; 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; and 5. As a result of the 2004 changes to GRFA calculations, the subject property complies with current GRFA regulations." IV. ATTACHMENTS A. Letter from Vail Local Housing Authority (VLHA), dated September 20, 2016 B. Ordinance No. 20, Series of 2016 C. PEC Memorandum dated August 8, 2016 D. Project Narrative with Floor Plans, dated July 11, 2016 Town of Vail Page 4 September 20, 2016 - Page 29 c MEMORANDUM Date: September 20, 2016 To: Vail Town Council From: Vail Local Housing Authority Subject: Ordinance No. 20, Series of 2016 — Recommended Condition of Approval Purpose The purpose of this memorandum is to recommend a condition of approval for second reading of Ordinance No. 20, Series of 2016 concerning Special Development District (SDD) No. 24, Warner Development, from the Vail Local Housing Authority. Background The Vail Town Council approved Ordinance No. 20, Series of 2016 on first reading with the condition that the SDD amendment be approved subject to the owners of Lots 3, 4, and 5 agreeing to update the current Employee Housing Unit (EHU) deed restrictions to require the employee housing unit to be rented. Presently, the owners are obligated to lease the units to qualified residents only IF the units are leased. Said language was the most current deed restriction language in place at the time of execution of the deed restrictions. Recommended Condition of Approval The Vail Local Housing Authority has reviewed the applicant's request for an amendment to Special Development District No. 24 and the history of the original employee housing unit obligations for the District. Based upon the Authority's review of the request, the following revised condition of approval is recommended: The use of the employee housing unit (EHU) on Lot 4, as indicated on floor plans referenced in Section 3 of this Ordinance, shall be permanently restricted to long term employee housing rental and is required to be leased. A deed restriction agreement for the occupancy, rental and transfer of a Type Ill Employee Housing Unit, as is defined on the effective date of this ordinance outlining this restriction, shall be submitted by the owner of Lot 4 to the Town of Vail and said agreement shall be reviewed, approved and recorded prior to the effective date of this ordinance. The EHU on Lot 4 shall be eligible for participation in the Employee Housing Unit Deed Restriction Exchange Program, subject to Town Council approval. September 20, 2016 - Page 30 c Factors for Consideration The following factors were considered by the Vail Local Housing Authority prior to forwarding a recommendation: The existing deed restriction language does not require the EHU to be leased. Instead, it states that only if the unit is leased it must be leased to a qualified resident. 2. Since the mutual acceptance of the original deed restriction, the Vail Town Council has adopted a policy and program whereby such underperforming deed restrictions may be transferred off site in exchange for an updated deed restriction requiring the unit to be leased. Any exchange proposal is subject to Vail Town Council approval. 3. The fundamental purpose of a deed restriction for an EHU is to create a circumstance whereby the unit must be leased and occupied. In the absence of this circumstance the deed restriction is underperforming. 4. The likelihood of all three property owners (Lots 3, 4, and 5) updating their current deed restriction is minimal, if not flat out improbable (i.e. lose, lose, lose). It is more likely that the current SDD application will be withdrawn leaving all parties with the status quo. 5. The probability of the property owner of Lot 4 updating their current deed restriction is far more likely given their desire to amend the SDD. 6. One updated deed restriction is more beneficial to achieving the Town's housing goals than to maintain three out of date deed restrictions (i.e. win/win). 7. The opportunity to get the remaining two deed restrictions updated exists if and when the owners of Lots 3 and 5 apply for an SDD amendment application. 8. The degree of deviation from the development standards of the zone district has lessened over time due to the changes in land use regulations. As such, the mitigating public benefit of the original SDD has likewise lessened. Receiving the ability to only update the deed restriction on Lot 4 or the ability to exchange the unit off site is consistent with the Town's development objectives and fulfills the intent of the original obligation. September 20, 2016 - Page 31 c ORDINANCE NO. 20 Series of 2016 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 WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, Ordinance No. 11, Series of 1990, established Special Development District No. 24, Warner Development; WHEREAS, amendments to a Special Development District are permitted pursuant to the parameters set forth in Section 12-9A-10, Vail Town Code; WHEREAS, the Planning and Environmental Commission of the Town held a public hearing on August 8, 2016 to consider the proposed amendment in accordance with the provisions of the Vail Town Code and forwarded a recommendation of approval to the Council by a vote of 5-0; WHEREAS, the Council finds that the proposed amendment to Special Development District No. 24, complies with the design criteria outlined in Section 12-9A- 8, Vail Town Code; WHEREAS, the Council finds that the Special Development District amendment complies with the standards listed Article 12-9A, Special Development District, or that a practical solution consistent with the public interest has been achieved; WHEREAS, the Council finds 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; WHEREAS, the Council finds that the Special Development District amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; WHEREAS, the Council finds that the Special Development District amendment Ordinance No. 20, Series of 2016 September 20, 2016 - Page 32 c 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; WHEREAS, the approval of this Special Development District amendment, and the development standards in regard thereto, shall not establish a precedent or entitlements elsewhere within the Town; WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Ordinance No. 11, Series of 1990, is hereby repealed and reenacted as follows: (all additions are illustrated with bold italics, deletions are illustrated with strikethreugh, and text not affected has been omitted): SPctinn1 _ The Town council finds that the procedures for a zoning amendment as set forth in Chapter 18.66 of the Municipal code of the Town of Vail relating to zoning amendments have been fully satisfied. SPctinn 2 - The The Town Council hereby rezones Lots 3, 4, and 5 of Vail Valley Third Filing a replat of Sunburst, to Special Development District No. 24. Section 3. The Town Council finds that the development plan for Special Development District No. 24 meets each of the standards set forth in Section 18.40.080 of the Municipal Code of the Town of Vail or demonstrates that either one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. In accordance with Section 18.40.040, the development plan for Special Development District No. 24 is approved. The development plan is comprised of those plans submitted by Junge Reich Magee AIA, and consists of the following documents: Site plan dated February 8, 1990. 2. Site/Landscape plan dated May 8, 1989. 3. Roof ridge height study and building elevations for Lots 3, 4, and 5 numbered Al, A6 and A7. 4. Floor plans for Lot 3, dated January 29, 1990. Ordinance No. 20, Series of 2016 2 September 20, 2016 - Page 33 c 5. Floor plans for Lot 4, dated January 22, 1990. 6. Floor plans for Lot 5, dated January 31, 1990. Section 4. Development standards for Special Development District No. 24 are approved by the Town Council as a part of the approved development plan as follows: A. SETBACKS: Setbacks shall be as indicated on the site plan set forth in Section 3 of this Ordinance. B. HEIGHT: Building height shall be as indicated on the elevations and roof ridge plans set forth in Section 3 of this Ordinance. C. COVERAGE: Site coverage shall be as follows: 1. Site coverage on Lot 3 shall not exceed 2595 square feet. 2. Site coverage on Lot 4 shall not exceed 3726 square feet. 3. Site coverage on Lot 5 shall not exceed 2878 square feet. D. DENSITY: Development in SDD No. 24 shall be limited to 1 primary/secondary structure each on lots 3, 4, and 5. Gross Residential Floor Area within SDD No. 24 shall be as follows: 1. GRFA on Lot 3 shall not exceed 3300 square feet. 2. GRFA on Lot 4 shall not exceed 5500 square feet. 3. GRFA on Lot 5 shall not exceed 3550 square feet. E. LANDSCAPING: The area of the site to be landscaped shall generally be as indicated on the landscape plan set forth in Section 3 of this Ordinance. Ordinance No. 20, Series of 2016 3 September 20, 2016 - Page 34 c F. PARKING: Parking in SOD No. 24 shall be met in accordance with the off-street parking requirements as specified in Section 18.52 of the Municipal Code of the Town of Vail, and as generally indicated in the site plan as set forth in Section 3 of this Ordinance. Section 5. The following are conditions of approval for Special Development District No. 24: The use of the shy employee housing units (EHUs) on lots 3, 4, and 5, as indicated on floor plans referenced in Section 3 of this Ordinance, shall be permanently restricted to long term employee housing rental and are required to be leased. An agreern deed restriction agreement for the occupancy, rental and transfer of a Type 111 Employee Housing Unit, as is defined on the effective date of this ordinance, outlining this restriction shall be submitted by the each owner to the Town of Vail and said agreement shall be reviewed, approved and recorded prior to the effective date of this ordinance. iss panGe of any temporary nor+ifino+o of eGcupanGy on this project. Section 18080 12-13 of the Municipal Code of the Town of Vail shall be used for the wording of this agreement, except that the units shall be permanently restricted to employee housing rentals. The Town of Vail shall be a party to this agreement and the agreement shall be recorded by the Town of Vail at the Eagle County Clerk and Recorder's office. Restrictions concerning the use of these units shall run with the land. 2. The owners of Lots 3, 4, and 5 shall submit an annual report to the Town of Vail demonstrating that the lot's seceeda employee housing units are rented and occupied as stipulated in Condition #1. Section 6. Amendments to the approved development plan to Section 18.40.100 of the Municipal code of the Ordinance No. 20, Series of 2016 0 may be granted pursuant Town of Vail. September 20, 2016 - Page 35 c Section 2. 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 inhabitants thereof. Section 3. 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 by declared invalid. Section 4. The repeal or the repeal and reenactment of any provisions of Vail Municipal 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 repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby 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, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of August, 2016 and a public hearing for second reading of this Ordinance set for the 6th day of September, 2016, at 6:00 p.m. 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 ORDER PUBLISHED in full this 6th day of September, 2016. Ordinance No. 20, Series of 2016 5 September 20, 2016 - Page 36 c Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 20, Series of 2016 September 20, 2016 - Page 37 c TOWN OF VAIL Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 8, 2016 SUBJECT: 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). Applicant: Deborah Webster, represented by Current Architects Planner: Matt Panfil I. SUMMARY The applicant, Deborah Webster, represented by Michael Current of Current Architects, is requesting a recommendation to the Vail Town Council for a major amendment to Special Development District (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. Based upon staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission (PEC) forward a recommendation of approval of the major amendment to SDD No. 24, Warner Development, subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Deborah Webster, represented by Michael Current of Current Architects, is requesting a major amendment to SDD No. 24, Warner September 20, 2016 - Page 38 c Development, to remove the Section 5 Item 3 from Ordinance No. 11, Series of 1990. Item 3 states: 3. The pool area on Lot 4 shall be permanently restricted to a pool. A declaration shall be filed of record in the office of the Eagle County Clerk and Recorder in a form approved by the Town Attorney. According to the applicant, the pool restriction has complicated the process of selling the property. An ordinance, generally containing the following, will be provided to the Town Council for first reading: Ordinance No. 11, Series of 1990, is hereby amended to delete Section 5, Item 3 related to pool restrictions, as illustrated: A vicinity map (Attachment A) and a project narrative with floor plans (Attachment B) are attached for review. III. BACKGROUND At their meeting on March 12, 1990, the PEC voted unanimously 7-0 to recommend that the Town Council deny the request to establish SDD No. 24, Warner Development. According to the minutes, the rationale behind the PEC's recommendation of denial was that it felt any site planning or design aspects of the proposal could be accomplished under the existing zoning regulations and that the request for an SDD was an attempt to circumvent the underlying Two -Family Primary / Secondary Residential District standards in regards to site coverage and gross residential floor area (GRFA) for Lot 4 by offering three (3) employee housing units (EHUs) as a concession for the requested density increases. At the April 3, 1990, Vail Town Council meeting, the applicant, Mr. Robert Warner, stated that due to his wife's chronically bad back, her doctor prescribed daily swimming as treatment. Mr. Warner argued that it was this need for a pool that required GRFA beyond what was permitted by the underlying zoning. The Town Council voted to approve SDD No. 24, with the condition that the pool area be permanently restricted to use as a pool, because they believed the offer to provide three (3) EHUs, one (1) EHU at each of the three (3) lots within the SDD, was a Town of Vail Page 2 September 20, 2016 - Page 39 c benefit to the Town. Therefore Section 4-D-2 of Ordinance No. 11, Series of 1990 allowed Lot 4 a maximum of 5,500 square feet of GRFA. In 2004, changes were made to the Vail Town Code with regard to the calculation of GRFA resulting in the subject property having an excess amount of allowable GRFA. The applicant contends that this excess amount of allowable GRFA precludes the necessity of the pool restriction. While the applicant has also investigated the possibility of further amending the SDD to remove the EHU deed restriction, they have opted not to make such a request at this time due to the Town's ongoing revisions to employee housing requirements. Taking a holistic view of SDD No. 24, Warner Development, staff encouraged the applicant to consult with the adjacent properties within SDD No. 24 to consider a request to repeal it in its entirety. This would eliminate the need for any future major amendments to the SDD in order to allow for GRFA that would now be permitted by the underlying zoning district, rather than the more restrictive language of the SDD. At this time, the applicant is only requesting the major amendment regarding the pool restriction. IV. APPLICABLE PLANNING DOCUMENTS Staff finds that the following provisions of the Vail Town Code are relevant to the review of this proposal: Title 12 — Zoning Regulations, Vail Town Code Chapter 1 — Title, Purpose, and Applicability (in part) 12-1-2: 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: Town of Vail Page 3 September 20, 2016 - Page 40 c 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 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. Chapter 9 — Special and Miscellaneous Districts (in part) 12-9A-1: PURPOSE AND APPLICABILITY. A. Purpose: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone Town of Vail Page 4 September 20, 2016 - Page 41 c district, shall establish the requirements for guiding development and uses of property included in the special development district. B. Applicability: Special development districts do not apply to and are not available in the following zone districts: hillside residential, single-family residential, two-family residential and two-family primary/secondary residential. 12-9A-2: DEFINITIONS: MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEW): Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this section), except as provided under section 12-15-4, 'Interior Conversions'; or 12- 15-5, "Additional Gross Residential Floor Area (250 Ordinance)', of this title. 12-9A-10: AMENDMENT PROCEDURES: B. Major Amendments: 1. Requests for major amendments to an approved special development district shall be reviewed in accordance with the procedures described in section 12-9A-4 of this article. 2. Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the special development district, and owners of all property within the special development district that may be affected by the proposed amendment (as determined by the department of community development). Notification procedures shall be as outlined in subsection 12-3-6C of this title. V. ZONING / SDD NO. 24 ANALYSIS Address: 1825 Sunburst Drive Legal Description: Vail Valley Filing 3, Lot 4 Existing Zoning: Two -Family Primary / Secondary Residential Existing Land Use Designation: Low Density Residential Mapped Geological Hazards: High Severity Rock Fall & Moderate Hazard Debris Flow Town of Vail Page 5 September 20, 2016 - Page 42 c Standard Allowed / Required Existing Proposed Site Area Min. 15,000 sq ft 16,216 sq ft No Change Site Coverage Max. 3,726 sq ft 3,726 sq ft No Change Setbacks Front: 20' Rear: 15' Sides: 15' Per Site Plan No Changes Height 33'(sloping roof Per Elevations No Change GRFA 5,500 sq ft* 5,242 sq ft No Change Density 1 primary/secondary structure per lot 1 primary/secondary structure No Change Landscaping Per Landscape Plan Per Landscape Plan No Change Parking Min. 5 paces 5 spaces No Change Based on existing Town Code, the underlying Two -Family Primary / Secondary Residential District would allow a maximum GRFA of 6,713 square feet. VI. SURROUNDING LAND USES AND ZONING Existing Land Use Zoning District North: Park Outdoor Recreation East: Low Density Residential Two -Family Primary/Secondary Residential South: Low Density Residential Two -Family Primary/Secondary Residential West: Low Density Residential Two -Family Primary/Secondary Residential 1y/1M&'i:jx91/_10QAN4 Ile] aIT, l4ZkA11&31NI"W_1lvi14ZIQLY, 14kik9NATA M E61Nk94VF_1 Before acting on a major amendment to a special development district application, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the proposed amendment: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The proposal involves only the potential reuse of existing interior space and would not impact the neighborhood or adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity, or orientation. Staff finds the proposal complies with this criterion. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Town of Vail Page 6 September 20, 2016 - Page 43 c The proposal involves only the potential reuse of existing interior space from a single -use, swimming pool, to general residential space. The swimming pool area is already included within the existing GRFA calculations. Should the owner of the structure wish to use the swimming pool area for any use other than that permitted by Section 12-6D of the Vail Town Code, a separate amendment shall be required. Staff finds the proposal complies with this criterion. 3. Parking and Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. The proposal does not include any changes affecting parking and loading requirements. Staff finds the proposal complies with this criterion. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. Staff has reviewed the Vail Comprehensive Plan, town policies, and urban design plans and found the following documents and associated goals, objectives, and statements applicable to this proposal: Vail Land Use Plan (in part) 1. General Growth/ Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. Town of Vail Page 7 September 20, 2016 - Page 44 c The proposal to allow for the reuse of the swimming pool space occurs within existing GRFA and will allow for potential future upgrades to the space. Staff finds the proposal complies with this criterion. 5. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. The subject property is located within a high severity rock fall area and a moderate hazard debris flow area. The geological hazard report submitted with the request for SDD No. 24, Warner Development, accounted for these sensitive areas and provided debris -flow mitigation. As there are no proposed changes to the site plan or exterior alterations, no additional mitigation is required. Staff finds the proposal complies with this criterion. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The proposal does not include any changes to the site plan, building design or location, or open space provisions. Staff finds the proposal complies with this criterion. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. The proposal involves only the potential reuse of existing interior space and does not alter or impact vehicular or pedestrian circulation on or off site. Staff finds the proposal complies with this criterion. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The proposal does not include any changes to the landscaping or open space on the site. Staff finds the proposal complies with this criterion. Town of Vail Page 8 September 20, 2016 - Page 45 c 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. As there are no exterior alterations associated with the proposal, a revised development plan is not necessary. Staff finds the proposal complies with this criterion. VIII. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Town Council of a major amendment to Special Development District 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 regards thereto. Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Town Council for a major amendment to Special Development District 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." Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission makes the following findings: "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 Planning and Environmental Commission finds: Town of Vail Page 9 September 20, 2016 - Page 46 c 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. IX. ATTACHMENTS A. Vicinity Map B. Project Narrative with Floor Plans, dated July 11, 2016. Town of Vail Page 10 September 20, 2016 - Page 47 c CURRENT ARCHITECTS AND ASSOCIATES Minor Amendment to SDD #24 Deborah Webster 1825 Sunburst Drive Vail, CO 81657 Vail Valley V Filing, Lot 4 Parcel # 2101-091-03-010 Project Narrative: Ms Webster is in the process of selling her home located at 1825 Sunburst Drive. SDD #24 ratified as part of the development of Vail Valley Filing Lots 3, 4, and 5, placed several restrictions on the subject property that some potential buyers are finding problematic. For the purposes of this application, this includes Section 5, Item 3 of SDD #24: "The pool area on Lot 4 shall be permanently restricted to a pool. A declaration shall be filed of record in the office of the Eagle County Clerk and Recorder in a form approved by the Town Attorney." Given the current methods of calculating Gross Residential Floor Area (GRFA) within the Town of Vail and the underlying zoning of adjacent properties (Two -Family Primary/Secondary), the subject property has an excess of allowable GRFA remaining for development that should preclude the necessity of this restriction being placed on the property. Therefor we request that it be struck from the original ordinance. A potential additional request to remove the EHU deed restriction placed on the property is also being investigated. Because of the on-going revisions being made to Employee Housing Requirements with the Town of Vail, we are uncertain of the viability of this request, so at this time we are just requesting the removal of the pool restriction. We will work with our client, the Town of Vail Housing Manager, and Community Development to ascertain whether the additional request to remove the EHU deed restriction will be sought. Current Architects and Associates Postal Box 5293 Vail, Colorado 81657 970.331.6345 CURRENTARCHITECTS.COM September 20, 2016 - Page 48 c WEBSTER RESIDENCE 1825 SUNBURST DRIVE GENERAL NOTES: 1. DO NOT SCALE DRAWINGS. 2. VERIFY ALL DIMENSIONS, CONDITIONS, AND UTILITY LOCATIONS PRIOR TO BEGINNING ANY WORK OR ORDERING ANY MATERIALS. NOTIFY ARCHITECT OF ANY CONFLICTS OR DISCREPANCIES IN THE DOCUMENTS IMMEDIATELY. 3. AREAS OF CONFLICTS OR DISCREPANCIES MUST BE FULLY RESOLVED WITH WRITTEN APPROVAL FROM THE ARCHITECTS BEFORE CONSTRUCTION CONTINUES IN THESE PARTICULAR AREAS. 4. PLAN DIMENSIONS ARE TO FACE OF STUD, CENTERLINE OF STEEL, TIMBER, STUD COLUMNS, OR FACE OF CONCRETE UNLESS OTHERWISE NOTED. SECTION AND ELEVATION DIMENSIONS ARE TO TOP OF CONCRETE, TOP OF PLYWOOD, OR TOP OF WALL PLATES OR BEAMS UNLESS OTHERWISE NOTED. 5. PROVIDE ALL NECESSARY BLOCKING IN STUD WALLS AND CEILINGS. LOCATIONS INCLUDE BUT ARE NOT LIMITED TO CEILING AND WALL MOUNTED FIXTURES, TOILETS, TOILET ACCESSORIES, CABINETRY, COUNTERTOPS, SHELVES, CLOSET RODS AND FALSE BEAMS. 6. REFER TO FLOOR PLANS FOR DOOR LOCATIONS. REFER TO DOOR SCHEDULE FOR DOOR TYPES. 7. REFER TO FLOOR PLANS FOR WINDOW LOCATIONS. REFER TO WINDOW SCHEDULE FOR WINDOW TYPES. 8. COORDINATE ALL ELECTRICAL AND MECHANICAL FIXTURES TO FIT WITHIN CEILING FLOOR AND WALL SPACES. VERIFY WITH ARCHITECT WHEN DIVERTING FROM DRAWINGS. 9. IN THE EVENT THAT ADDITIONAL DETAILS OR GUIDANCE IS NEEDED BY THE CONTRACTOR FOR CONSTRUCTION OF ANY ASPECT OF THE PROJECT, THEY SHALL IMMEDIATELY NOTIFY THE ARCHITECT. FAILURE TO GIVE 10 DAY NOTICE TO ARCHITECT SHALL NOT CONSTITUTE A DELAY IN THE PROJECT. 10. THE GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR SATISFYING ALL APPLICABLE CODES AND OBTAINING ALL PERMITS AND REQUIRED APPROVALS. THIS PROJECT IS GOVERNED BY THE INTERNATIONAL BUILDING CODE AND THE INTERNATIONAL RESIDENTIAL CODE. COMPLIANCE IS MANDATORY. THE CONSTRUCTION DOCUMENTS SHALL NOT PERMIT WORK THAT DOES NOT CONFORM TO ALL RELEVANT CODES INCLUDING IN UBC AND ALL LOCAL AND REGIONAL CODES. 11. THE GENERAL CONTRACTOR AND SUBCONTRACTORS SHALL FIELD COORDINATE AND OBTAIN APPROVALS FROM THE ARCHITECT/ENGINEER BEFORE ANY CUTTING, NOTCHING, OR DRILLING OF ANY CAST -IN-PLACE CONCRETE, STRUCTURAL FRAMING, OR ANY OTHER STRUCTURAL ELEMENTS WHICH MAY AFFECT THE STRUCTURAL INTEGRITY OF THE CONSTRUCTION. 12. THE GENERAL CONTRACTOR SHALL VERIFY ALL EXISTING GRADES AND SCALE OUT THE BUILDING FOOTPRINT FOR OWNER AND ARCHITECT APPROVAL PRIOR TO BEGINNING ANY SITE WORK. 13. THE OWNER HAS BEEN ADVISED THAT DUE TO HARSH WINTER CONDITIONS, ROOF & DECK SURFACES MUST BE MAINTAINED REASONABLE FREE OF ICE & SNOW TO ENSURE MINIMAL PROBLEMS WITH THESE SURFACES. 14. SUBSTITUTIONS OF "EQUAL" PRODUCTS WILL BE ACCEPTABLE WITH ARCHITECT'S WRITTEN APPROVAL. 15. IT IS THE INTENT AND MEANING OF THESE DOCUMENTS THAT THE GENERAL CONTRACTOR AND EACH SUBCONTRACTOR PROVIDE ALL LABOR, MATERIALS TRANSPORTATION, SUPPLIES, EQUIPMENT, ETC. TO OBTAIN A COMPLETE JOB WITHIN THE RECOGNIZED STANDARDS OF THE INDUSTRY. 16. ALL CONSTRUCTION IS TO FIT WITHIN THE BUILDING ENVELOPE AND/OR OUTSIDE SETBACKS WITHOUT CREATING EASEMENTS. NOTIFY ARCHITECT IMMEDIATELY OF ANY DISCREPANCIES. 17. THE GENERAL CONTRACTOR SHALL FIELD VERIFY THE LOCATIONS OF ALL EXISTING UTILITIES. ALL UTILITIES SHALL BE LOCATED TO MINIMIZE EXCAVATION AND VEGETATION IMPACTS TO THE SITE. 18. THE GENERAL CONTRACTOR SHALL MINIMIZE THE LIMITS OF EXCAVATION AND TAKE ADEQUATE MEASURES TO PROTECT ALL VEGETATION BEYOND THE LIMITS OF EXCAVATION. ALL AREAS OF DISTURBANCE SHALL BE RE -VEGETATED TO BLEND WITH THE NON -DISTURBED LANDSCAPE EXCAVATION. ALL AREAS OF DISTURBANCE SHALL BE RE -VEGETATED TO BLEND WITH THE NON -DISTURBED LANDSCAPE. 19. THE SOILS REPORT IS AVAILABLE FROM OWNER'S SOILS ENGINEER. 20. GENERAL CONTRACTOR SHALL VERIFY ALL SITE DEVELOPMENT WITH LANDSCAPE CONSTRUCTION DOCUMENTS. THE SITE PLAN IS FOR GRADING AND LANDSCAPE PLAN IS FOR LAYOUT; ANY DISCREPANCIES VERIFY WITH ARCHITECT. September 20, 2016 - Page 49 of 133 PROXIMITY MAP: PROJECT SUMMARY: CODE: I RC 2015 ZONING: SPECIAL DEVELOPMENT DISTRICT #24 UNDERLYING TWO-FAMILY PRIMARY/SECONDARY OCCUPANCY CLASSIFICATION: TYPE R DIV. 3 PROJECT TEAM: ARCHITECT: CURRENT ARCHITECTS PO BOX 5293 VAIL, CO 81657 PH: 970.331.6345 CONTACTS: MICHAEL CURRENT PEC 07.11.2016 DRAWING INDEX ARCHITECTURAL: OF C04 �P rW. MICHAEL'' �Q (� '01CURRENT 0 402525 AF NOT FOR CONSTRUCTION A001 LOWER LEVEL WALL AREA CALCULATIONS A002 GRFA CALCULATIONS A101 EXISTING FLOOR PLANS M �_ Ln F: A102 EXISTING FLOOR PLANS 6' C' � ACV - CO U v7 X - 1� CD aco co o Q o o O 2 CD U J LU Z Q V W wU 0 V) V Z Q LU m W LIJ z LIJ 0 C) LU W Q U) coo z U) U) Lr)Q N 00 0 Of 0 U J i No. Description Date Project number - Date 07-11-2016 Drawn by WMC COVER SHEET AOOO P. _8245 ; X46 1 82+4 I \ 82145 8247 8446 I I / 8247 \ 1 8248 / 82'49 82\50 !- ' ------------------------ --- —-------- � I I , 1 I ,I I +8244' ------ +8244' WALL AREA CALCULATIONS: TOTAL LOWER LEVEL WALL AREA: 2,970sf WALL AREA BELOW GRADE: 1,248sf WALL AREA PERCENTAGE BELOW GRADE: 42% 8255 --------------------------------------- - ---- --- -------------8246=824-------- ---------------------------------------------- --------------------------------------------- ---------------------------------------------- --------------------------------------------- 1+�� 8249 825"6 \ 8251 825 / / 8,25-3 / �� II 8254 I 825 \ I � \ � I I I 8255 3 -- 2!0 -- --------------- ---- -----------------------,-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ---;------------------&245----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 8244 ---- ------------------------------------------------ ------------------------------------------ ---------------------- —---------------------------------------------------------- ---------------------- --------------- ---- ------------------------------------------------ ------------------------------------------ ---------------------- —---------------------------------------------------------- ---------------------- --------------- ---- ------------------------------------------------ ------------------------------------------ ---------------------- ----------------------------------------------------------- ------- --------------- --------------- ---- - 824 ---------------- ------------------ ------------------------------------------------ ---------------------- -------------------------------------------------------------------------- -- --------------- I i7l, --------- ---------------------- ------ -------------824--------------------------------------------------------- 824a ---------------------------------------------------------------- ----------------- �� ------------------------------------------------------------------ ----------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------824ra ---------------------------------------------- L September 20, 2016 - Page 50 of 133 GRFA BASEMENT DEDUCTION - WALL CALCS lis° = 1--0„ OF coo i w I W. MICHAEL Q I (� CURRENT 0 402525 I I Fp ARG NOT FOR CONSTRUCTION I I I 0) LQ'T E Nr -9 C`7 OU LO — (0 v� X co U M O C) C) Q p U O J C O U J I ;< I I I I I I I I I I I I I W I 1 I I I W wU 0 _V I N LJ I Z Q Q I I I I I I �U � m LU W Z Lu U) LU Ui ry oQ U) 0� m0 z D 07 N 00 o � O U — Q No. Description Date Project number - Date JUNE 20, 2016 Drawn by - GRFA A001 X01 II/ \4. i LOWER LEVEL AREA PLAN 1/811 = 1 '-0" MAIN LEVEL AREA PLAN 1/811 /8" = 1 '-01 1 September 20, 2016 - Page 51 of 133 SITE COVERAGE 1/811 /8" = 1 '-01 1 1825 SUNBURST DRIVE PARCEL # 2101-091-03-010 VAIL VALLEY 3RD FILING, LOT 4 LAND AREA: 0.382AC - 16,640sf (PER ILC) SITE COVERAGE = 3,776sf GROSS RESIDENTIAL FLOOR AREA (GRFA): LOWER LEVEL = 2,074sf (W/42% BASEMENT WALL DEDUCTION) MAIN LEVEL = 3,168sf (MAIN LEVEL + 280sf GARAGE OVERAGE TOTAL GRFA = 5,242sf (INCLUDING POOL AREA AND EHU) GRFA ALLOWED: 6,713sf (CURRENT TWO-FAMILY PRIMARY/SECONDARY ZONING) SDD#24 ALLOWANCES: SITE COVERAGE: 3,726Sf GRFA: 5, 500sf OF C0L �PUV. MICHA! L ACUR.R�NT� C, ",,\'r402525../" A�� NOT FOR CONSTRUCTION MLO E N CQO rte] o) LO CO vi X 00 � U CD d CC"')) U < O P CD U 2 U � LU U J Z Q U W wU �O =N � Q U z QQ LU mo LU �w LU Z w Cn w o0 u) ry mo Z �J � CN 00 o U Q > No. Description Date Project number - Date 07-11-2016 Drawn by - GRFA AND SITE COVERAGE A002 i of Lp W. MICHAEL\"CURRANT O 02525 AF NOT FOR CONSTRUCTION 0-)-) � � o LL GUEST BED 3 LL GUEST BATH 3 EHU BEDROOM EHU ENTRY cv c0 cl) U Ln�c0 U; © 0 COURTYARD o o Q M a co 77A232 SF 114 SF 146 SF O < o 0 6, o 2 U � U J r f 90' - 8" 1, r I- I EHU LIVING LDN I I I 370 SF EHU ENTRY 9 _ 16 W 38 SF 911-01, DN �•/ O W W U LL LIVING MECH MECH= C/7 DN POOL COURTYARD 601 SF 82 SF 34 SF 17 I PLANTER a: LAUNDRY LL BATH 2 LL BATH 4 34 SF CLO 11 10 a 12 51 SF 59 SF _ $ = POOL W LL BATH 1 3 SF a aa ° _ 13 LU SF Q 69 SF a.a ° 4= 4 Lq 00 LL GUEST BED 1 LL GUEST BED 2 FOUNDATION OF FOUNDATION WALL OF GARAGE ABOVE 14 15 COURTYARD WALL ABOVE 211 SF 152 SF d a 1 CANTILEVERED BAY WINDOWS d -d d . PLANTER - da EXISTING - LOWER LEVEL 1 1/411 = 1 '-0" September 20, 2016 -Page 52 of 133 m LIJ � Nw 1 f � m � N 0 � � J > Drawn by FLOOR Author PLANS A101 No. Description Dateco Project number - Date 07-11-2016 Drawn by FLOOR Author PLANS A101 i of C0L �P W. MICHAEL` CURRENT o i - 99'-8" AFS NOT FOR CONSTRUCTION 99' - 8" X100' - 0"--- � i � o y"y �N CO � U Y ai 0 X 0 v CD d � O M p v ❑r CD 07 QO J KITCHEN SITTING AREA MASTER BED 23 24 25 225 SF 215 SF 282 SF r r V) r LU MASTER BATH & r f H — — CLO Q ", , ". "_ �, � � � � '�" DN 101' - 011 1, A, -!I,-, I U LU U --- DINING ROOM \ , 323 SF 186 SF DN C/) T---------------------------------------------------------------- 100'-011 O� Q Z STAIR 98.S _ _ 99' 8" 100' 0" 00 ENTRY FOYER & OFFICE LAUNDRY ® HALL 28 29 - 207 SF 71 SF - LU Q --- 394 SF OWDE w o _ 41SF 1001-011 :. _ _ ,_GARAGE"_"', ," .. I t I f , V STIB L 99' -01, 18 = 774;SF - W co LIVING ROOM 100' - 0"' - 451 SF 98'- 6" --- - 99'- 3 5/16" — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — _ L— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — -ATI Project number ; EXISTING -MAIN LEVEL 1 1/411 = 1 '-011 W 0 (n C) September 20, 2016 -Page 53 of 133 m W C� � m z � N J � U J Q � Drawn by FLOOR Author PLANS Al 02 No. Description Date i - Date 07-11-2016 Drawn by FLOOR Author PLANS Al 02 i TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 23, Series 2016, Second 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 20, 2016 - Page 54 c 0) TOWN OF VAIL ' Memorandum TO: Town Council FROM: Community Development Department DATE: September 20, 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 20, 2016 - Page 55 c 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, 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 second reading, the Planning and Environmental Commission recommends that the Council passes the following motion: Town of Vail Page 2 September 20, 2016 - Page 56 c "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 20, 2016 - Page 57 c 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 20, 2016 - Page 58 c 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 20, 2016 - Page 59 c 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 20, 2016 - Page 60 c hHousing 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 hHousing aAuthority. Within twenty (20) days of the closing of a public hearing on a proposed amendment, the Vail ILocal hHousing aAuthority shall act on the application. The awtherity 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 aerity Vail Local Housing Authority shall transmit its recommendation, together with a report on the public hearing and its deliberations and findings, to the tTown 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 tTown eCouncil 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 hHousing 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 hHousing 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 ILocal -4Housing 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 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 requirement of 1.25 employees or greater, no less than one-half (1/2) the Ordinance No. 23, Series 2016 9 September 20, 2016 - Page 61 c 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 20, 2016 - Page 62 c 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 20, 2016 - Page 63 c 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 20, 2016 - Page 64 c 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 20, 2016 - Page 65 c 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 20, 2016 - Page 66 c 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 20, 2016 - Page 67 c • 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 20, 2016 - Page 68 c 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 20, 2016 - Page 69 c 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 20, 2016 - Page 70 c 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 20, 2016 - Page 71 c 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 20, 2016 - Page 72 c (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 20, 2016 - Page 73 c 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 20, 2016 - Page 74 c 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 20, 2016 - Page 75 c 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 20, 2016 - Page 76 c 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 20, 2016 - Page 77 c 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 20, 2016 - Page 78 c 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 20, 2016 - Page 79 c 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 20, 2016 - Page 80 c 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 20, 2016 - Page 81 c 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 20, 2016 - Page 82 c 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 20, 2016 - Page 83 c 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 20, 2016 - Page 84 c 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 20, 2016 - Page 85 c 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 20, 2016 - Page 86 c 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 20, 2016 - Page 87 c 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 20, 2016 - Page 88 c 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 20, 2016 - Page 89 c Action: Approve Motion: Kurz Second: Stockmar Vote: 5-0-0 Informational Update - View Corridors — Brian Garner Adjournment September 20, 2016 - Page 90 c TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 24, Series 2016, Second 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 20, 2016 - Page 91 c 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 20, 2016 - Page 92 c 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 20, 2016 - Page 93 c 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 20, 2016 - Page 94 c 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 20, 2016 - Page 95 c 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 20, 2016 - Page 96 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 20, 2016 - Page 97 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 20, 2016 - Page 98 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 On the following nrder-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 20, 2016 - Page 99 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 20, 2016 - Page 100 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 20, 2016 - Page 101 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 20, 2016 - Page 102 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 20, 2016 - Page 103 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 20, 2016 - Page 104 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 20, 2016 - Page 105 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 20, 2016 - Page 106 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 20, 2016 - Page 107 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 20, 2016 - Page 108 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 20, 2016 - Page 109 TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 25, Series of 2016, Second 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 second 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 second 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 20, 2016 - Page 110 0 rowN of vain Memorandum To: Vail Town Council From: Building and Fire Code Appeals Board Community Development Department Vail Fire Department Date: September 20, 2016 Subject: Second Reading of 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 20, 2016 - Page 111 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 20, 2016 - Page 112 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 20, 2016 - Page 113 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 20, 2016 - Page 114 "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 20, 2016 - Page 115 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 20, 2016 - Page 116 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 20, 2016 - Page 117 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 20, 2016 - Page 118 ,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 20, 2016 - Page 119 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 20, 2016 - Page 119 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 second 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 20, 2016 - Page 120 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 20, 2016 - Page 121 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 20, 2016 - Page 122 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 20, 2016 - Page 123 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 20, 2016 - Page 124 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 20, 2016 - Page 125 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 20, 2016 - Page 125 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 20, 2016 - Page 126 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 20, 2016 - Page 127 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 20, 2016 - Page 128 of 133 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 20, 2016 - Page 129 of 133 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 20, 2016 - Page 130 of 133 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 20, 2016 - Page 131 of 133 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 20, 2016 - Page 132 of 133 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Adjournment at 7:15 pm TOWN OF VAIP September 20, 2016 - Page 133