HomeMy WebLinkAbout2016-0613 PECTOWN RF��"
PLANNING AND ENVIRONMENTAL COMMISSION
June 13, 2016, 12:00 PM
Vail Town Council Chambers
75 S. Frontage Road -Vail, Colorado, 81657
Call to Order
Members Present: Brian Gillette, Ludwig Kurz, Henry Pratt,
Brian Stockmar, and John Ryan Lockman
Absent: Kirk Hansen and Chairman John Rediker
PEC Training - GRFA - Matt Panfil
Matt Panfil introduced the training on Gross Residential Floor Area (GRFA). He
displayed a PowerPoint presentation showing how GRFA is measured, and
some of the areas of the code that allow for GRFA exclusions, including
garages and basements, and some parts of covered decks. Areas that are
counted twice include those with floor to ceiling heights in excess of 16'.
Gillette — What is the purpose of an attic deduction? Attic adds to bulk and
mass of building. GRFA was intended to address density as well as bulk and
mass.
Ruther — The intensity of use can be increased by potentially adding bedrooms
to an attic.
Neubecker — Due to a recent PEC decision on an appeal, the Town Code
needs to be clarified and PEC feedback is requested to clarify the code
pertaining to GRFA. Today's meeting was is not a public hearing, though public
comment is welcome. Changes to GRFA regulations can affect other areas of
the code and programs. For example, Employee Housing Inclusionary Zoning
is based on GRFA. The lower the GRFA the less employee housing required.
Staff provided three options for code change, but is open to other ideas. Staff
recommends Option #1, which clarifies that each unit in a duplex is considered
its own structure, and can have its own lowest level basement GRFA exclusion.
Staff wants to keep the discussion focused on the issue identified by the
appeal, and not a wider discussion of GRFA.
Gillette — Need to fix definition of lowest level. Recommends lowest level be
defined as a level including any level or portion of the building that doesn't have
GRFA below it. Look at what really affects bulk and mass above grade.
Pratt — Option 1 is not covering all our bases.
Gillette — Duplexes get to have bigger basements than single family
residences.
Pratt opened the item for Public Comment
Mike Suman — We are looking for fairness among duplex owners. Prefers
Option 1, which treats each side of a duplex independently and allows for better
site design, same bulk & mass. Units rewarded with subterranean square
footage. Site coverage is limiting factor for all design, not GRFA — the second
factor for design is height limitations. Bulk and mass is best regulated by site
coverage, setbacks and height
If we abandon GRFA, then what are the consequences for duplexes? For
single family dwellings? What about those portions that are not 100%
subterranean? Why do we care how much square footage is 100% below
grade?
Bill Pierce — Each unit should be treated fairly and get basement credit. Need to
refer to original grade, rather than existing grade.
Ron Byrne — General comments about GRFA and the need to review the
regulations.
Pratt closed Public Comment
Stockmar — Leans toward Option 1 in the context of this analysis, but does not
think it is an absolute solution. It is the simplest solution to a complex issue.
Equities have to be addressed. Re -address GRFA entirely. Wants to know the
history of GRFA, and why we do what we do.
Gillette — Definition of GRFA needs to be redefined. What was the intent of the
GRFA regulations? Change language in code to better address the intent.
Allow stepping of grade. Believes the amount of square footage below grade
does not matter.
Kurz — Agrees with Stockmar and leans toward Option 1. Options 2 and 3 may
open a can of worms, with too many unintended consequences.
Lockman — Equities needs to be better understood and there should be equity
between owners. What was intent behind GRFA? Needs better understanding
and would like to see more graphics depicting potential impacts.
Pratt — The history of GRFA regulations is entirely reactive. Town has written
new rules to address exceptions that come up over time. He favors Option 1
approach where each side of a duplex is entitled to a lowest level. Option 1
needs to be clarified. GRFA should not factor in party walls; calculate the total
and determine a percentage applied to basement deduction based on entire
perimeter, not the perimeter of each unit separately.
2. A request for review of an Employee Housing Plan, pursuant to Section 12-
24-8, Administration, Inclusionary Zoning, Vail Town Code, to allow for an
Off Site Employee Housing Unit, an exception to the on-site requirement,
and Fees in Lieu to meet the Inclusionary Zoning requirement for the
redevelopment of the residences located at 303 Gore Creek Drive Units 9
& 10/Lots 9 & 10, Block 5, Vail Village Filing 1, and setting forth details in
regard thereto. (PEC16-0022)
Applicant: Sun Up Trust and Christopher B. Galvin Revocable Trust,
represented by Mauriello Planning Group
Planner: Alan Nazzaro, Housing Manager
Action : Approve with conditions
Motion: Kurz Second: Stockmar
Conditions:
1. If the applicant proposes an off-site replacement employee housing unit
located outside of the Commercial Job Core, then the square footage requirement
shall be raised to three times the on-site square footage requirement, in keeping
with the standard established under the EHU Exchange Program.
2. Condition #1 in the staff memo, concerning inspection for health, safety and
livability standards, shall be removed.
The Planning and Environmental Commission also finds that the request meets
the criteria of Item "d" in Section 12-24-6 Al: "The method of mitigation proposed
better achieves the intent and purpose of this chapter and the general and specific
purposes of this title than the on site mitigation unit method."
Vote: 5-0
Alan Nazzarro introduced the request to allow off-site mitigation of employee housing.
Reviewing the standards, staff finds only one of the exceptions applies in this case (1-D).
Staff finds the request meets the general intent, but without knowing the specific location
of the new employee housing unit, is difficult to determine if two times the requirement for
the exchange is reasonable. If located outside of the Town Core, then it would require
three times the square footage.
Town would review for code compliance and quality before acceptance as an Employee
Housing Unit (EHU).
Staff recommends approval with conditions (in staff report)
Pratt — Are you comfortable with the 900 sq. ft. minimum?
Nazzaro — 900 sq. ft. is an adequate sized unit
Pratt — Is there anything preventing them from purchasing an existing deed restricted
unit?
Nazzaro — Yes, they can not use an existing deed restricted unit
Gillette — Why is this required for a townhome?
Pratt — When the VVT district was approved, it was included to require employee
housing.
Nazzaro — There were a lot of exemptions when the inclusionary zoning regulations were
put in place.
Ruther—There is sufficient space to construct an on-site unit within a 9,000 sq. ft.
building.
Lockman —Any proposed location for the off-site EHU?
Nazzaro — No. That is why it is difficult to say whether twice or three times the square
footage is sufficient.
Dominic Mauriello — Unusual case of inclusionary zoning due to the newness of this
zoning district. The request is based on the fact that two units are being replaced by one
unit, thus a higher GRFA triggering the EHU requirement. Clients are in agreement with
one of the conditions of approval, however they are not comfortable with the conditions
requiring inspection for the quality of the EHU. The applicant would prefer the condition
be worded based on the EHU complying with health and life safety regulations found in
the building code.
Kurz — What happens to the project if the applicant cannot afford the EHU?
Mauriello —We would not receive a C/O until the EHU is in place.
Lockman — Asked for the intent of the condition requiring a certain quality of EHU.
Nazzaro — To ensure that the EHU is of good condition for the purchaser or
occupant.
Gillette — Asked what the VVT zone district received in exchange for agreeing to
inclusionary zoning.
Mauriello — When the language was introduced, it was not anticipated that
construction in the VVT would trigger inclusionary zoning.
Nazzaro — The point of the on-site inspection for quality was in consideration that if
it was built on-site it would be brand new and would be of a high quality.
Gillette — Expressed interest in striking condition one.
Lockman — Expressed interest in maintaining condition one, but does believe the
request for the off-site EHU is fitting.
Stockmar — What specifically does healthy, safety, and livability mean? Are there
certain standards for livability?
Ruther — No, and there is concern about applying subjective standards as a
condition.
Gillette — Someone having to agree to buy the unit will ensure that it is not a dilapidated
unit.
Kurz — Comfortable with the application and striking condition one.
Pratt — Staff memo requests consideration of tripling the square footage
Lockman —Agrees
Gillette - Agrees
Stockmar — Agrees with Kurz and favors tripling the square footage
Pratt — Agrees with tripling the square footage requirement as well as striking condition
one. Expressed concern with the maximum 900 square foot EHU and remaining square
feet to be paid by as a fee in lieu, as requested by the applicant. Would prefer a larger
unit with remaining paid as fee in lieu. This is an opportunity to get a deed restriction on a
larger unit.
Gillette — Asked for clarification on the total square footage required for the EHU.
Mauriello — The applicant anticipates the minimum size of the EHU to be exchanged is
900 square feet and the maximum is 1,112 square feet. Based on three times the 278
requirement. We are comfortable with 278 times three.
Nazzaro — Based on Employee Housing Exchange programs, its total square footage
times three.
Pratt — Precedent of previous exchange was three times the total, not three times the on-
site requirement. There was a similar exchange in the Bell Tower building.
Gillette — Seems like an odd location to have an on site unit. Asked for clarification on
what the code requires.
Nazzaro—This multiplier is based on the Employee Housing Exchange Program, which
requires a three times multiplier.
Mauriello — We are using the Exchange Program as a guideline, but this has no
guideline. Asking for total requirement times two, as a minimum. Staff proposal is more
flexible, based on three times the on site requirement.
Ruther — Applicant is required to provide 50% of the employee housing on site, or 278
square feet. Applicant is requesting to not place that 50% requirement on site, but to
place 100% of the requirement off-site, or 556 sq. ft. That is the zoning obligation. This
can be allowed if the PEC finds that the Applicant's proposal meets one of the criteria to
allow off site. The applicant is agreeable to providing 1,112 sq. ft. of housing, which is
above and beyond what the code requires. As proposed, it's more than double what is
required on site. PEC should review to determine if this qualifies under one of the four
criteria in the code for allowing off site housing.
Kurz — Finds that the request meets the criteria of Item D in the Code
Public Comment - None
3. Firewise Town Code Amendments
Applicant:
Town of Vail, represented by Paul Cada
Planner:
Jonathan Spence
Action:
Tabled to June 27, 2016
Motion:
Gillette Second: Kurz
Vote:
5-0
4. A request for final review of a Development Plan, pursuant to Section 12-
61-11, Vail Town Code, to allow for the future development of Employee
Housing Units on the Chamonix parcel located at 2310 Chamonix Road,
Parcel B, Resubdivision of Tract D, Vail Das Schone Filing 1, and setting
forth details in regard thereto. (PEC150019) - 5 min.
Table to July 11, 2016
Applicant: Town of Vail Community Development Department
Planner: George Ruther
Action: Tabled
Motion: Kurz Second: Gillette
Vote: 5-0
5. Approval of Minutes
May 23, 2016 PEC Meeting Results
Action: Approved
Motion: Kurz Second: Stockmar
Vote: 4-0-1 (Pratt Recused)
6. Informational Update
George Ruther provided an update as to the progress of the site work at the
Chamonix Neighborhood.
Pratt asked for confirmation that a recent application for a KAABOO music festival
has been withdrawn. George Ruther confirmed the withdrawal of the application.
7. Adjournment: 2:45 PM
Motion: Lockman Second: Stockmar
The applications and information about the proposals are available for public
inspection during regular office hours at the Town of Vail Community
Development Department, 75 South Frontage Road. The public is invited to
attend the project orientation and the site visits that precede the public
hearing in the Town of Vail Community Development Department. Times
and order of items are approximate, subject to change, and cannot be
relied upon to determine at what time the Planning and Environmental
Commission will consider an item. Please call (970) 479-2138 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.
Community Development Department
PLANNING AND ENVIRONMENTAL COMMISSION
TOW?J OF VAi� ` June 13, 2016, 12:00 PM
Vail Town Council Chambers
75 S. Frontage Road -Vail, Colorado, 81657
Call to Order
PEC Training - GRFA - Matt Panfil 60 min.
2. A request for review of an Employee Housing Plan, pursuant to Section 12-24-8, 30 min.
Administration, Inclusionary Zoning, Vail Town Code, to allow for an Off Site Employee
Housing Unit, an exception to the on-site requirement, and Fees in Lieu to meet the
Inclusionary Zoning requirement for the redevelopment of the residences located at 303
Gore Creek Drive Units 9 & 10/Lots 9 & 10, Block 5, Vail Village Filing 1, and setting
forth details in regard thereto. (PEC16-0022)
ApplicantSun Up Trust and Christopher B. Galvin Revocable Trust, represented by
Mauriello Planning Group
Planner: Alan Nazzaro, Housing Manager
3. Firewise Town Code Amendments 60 min.
Applicant Town of Vail, represented by Paul Cada
Planner: Jonathan Spence
4. A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail 5 min.
Town Code, to allow for the future development of Employee Housing Units on the
Chamonix parcel located at 2310 Chamonix Road, Parcel B, Resubdivision of Tract D,
Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC150019)
Table to July 11, 2016
Applicant Town of Vail Community Development Department
Planner: George Ruther
5. Approval of Minutes
May 23, 2016 PEC Meeting Results
6. Informational Update
7. Adjournment
The applications and information about the proposals are available for public inspection during regular office
hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited
to attend the project orientation and the site visits that precede the public hearing in the Town of Vail
Community Development Department. Times and order of items are appro)amate, subject to change, and
cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an
item. Please call (970) 479-2138 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.
Community Development Department
Published in the Vail Daily June 10, 2016
TOW?J OF VAi `
VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO
MEETING DATE: June 13, 2016
ITEM/TOPIC: PEC Training - GRFA-Matt Panfil
ATTACHMENTS:
File Name Description
GRFA_Memo. pdf GRFA Staff Memo
GRFA Powerpoint_PEC_052316-LR.pdf PowerPoint Presentation
ruwN oFvaiL
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: June 13, 2016
SUBJECT: A request for comment on possible code amendments and impacts of
amendments to Section 12-15-3 Definition, Calculation, and Exclusions, relating
to how gross residential floor area (GRFA) is calculated in relation to basements
in the Hillside Residential (HR), Single-family Residential (SFR), Two-family
Residential (R), and Two-family Primary Secondary Residential (PS) Districts..
Planner: Chris Neubecker, Planning Manager
SUMMARY
The purpose of this memo and the discussion with the Planning and Environmental
Commission (PEC) will be to identify the code changes necessary to clarify Title 12,
Zoning Regulations, based on the decision of the Planning and Environmental
Commission on May 23, 2016 concerning GRFA on the lowest level of a structure, and
to discuss some of the impacts of these potential changes.
The Planning and Environmental Commission is not being asked to consider all areas of
Vail Town Code (Code) concerning GRFA. At this point, we are asking the PEC to
address only the section of the code affected by the PEC's decision of May 23, 2016
concerning the lowest level of a structure.
II. DESCRIPTION OF REQUEST
The Community Development Department is requesting that the Planning and
Environmental Commission review Section 12-15-3, Definition, Calculation and
Exclusions, Vail Town Code concerning GRFA in the Hillside Residential (HR), Single
Family Residential (SFR), Two -Family Residential (R) and Two -Family
Primary/Secondary (PS) districts and provide direction to staff on possible code
amendment options to clarify the code based on the decision of the PEC on May 23,
2016.
As a work session, this item does not require a public hearing. However, the Community
Development Department recognizes that this topic is of interest to some members of
the public, especially members of the building community. If members of the public are
in attendance for this item, we recommend that the PEC take public comment on this
item.
III. BACKGROUND
During the PEC meeting of May 23, 2016, the Commission approved a request for
appeal from the applicant, Michael Suman (TC16-0004), concerning the exclusion of
GRFA from a basement under each dwelling unit in the Primary/Secondary zone
district. The Commission determined that staff incorrectly interpreted the Town Code
relating the GRFA exclusion on the lowest level of a two-family residential building with
basements under each dwelling unit. As a result of this decision, each dwelling unit in a
two-family residential building will be considered a separate structure, and each
structure will be allowed to exclude GRFA from portions of the lowest levels that are
below grade.
The Vail Town Code limits the amount of GRFA on a site through a formula based on
the size (area) of the lot. Larger lots are allowed more GRFA than small lots in the same
zone district (unless otherwise modified by a Special Development District, for
example). The allocation of GRFA is based on a tiered system, with more GRFA
allowed for the initial 10,000 square feet of lot area, and less GRFA allowed for
additional tiers of lot area. This system helps to ensure that reasonable sized homes
may be constructed even on smaller lots, but that excessively large homes are not
constructed on extremely large lots.
The Code also allows for some areas of a dwelling to be excluded from the calculation
of GRFA. For example, up to 300 square feet per parking space (up to 2 spaces) inside
a garage may be excluded from GRFA. This allotment encourages enclosed parking
and storage in residential areas. The GRFA exclusion in the basement of a dwelling is
based on the lowest floor level of a structure that is below grade. The excluded floor
area is equal to the percentage of the exterior wall area that is below grade.
IV. APPLICABLE PLANNING DOCUMENTS
Section 12-2-2: Definitions of Words and Terms:
BASEMENT. For the purposes of calculating gross residential floor area (GRFA) on the
lowest level of a structure, the total percentage of exterior wall surfaces unexposed and
below existing or finished grade, whichever is more restrictive, shall be the percentage
of the horizontal area of the lowest level deducted from the GRFA calculation. The
percentage deduction calculations shall be rounded to nearest whole percent. The
lowest level's exterior wall surface area shall be measured from the finished floor
elevation of that level to the underside of the structural floor members of the floor/ceiling
assembly above. For the purposes of these calculations, retaining walls and site walls
shall not be considered part of the lowest level's exterior walls.
BASEMENT OR GARDEN LEVEL. For the purposes of implementing horizontal zoning,
basement or garden level shall be any floor, or portion of any floor, of a structure
located below the first floor or street level of that structure, as determined by the
administrator. More than one floor, or portions of a floor or floors, may be defined as
basement or garden level within a single structure. For the purposes of determining floor
level, the following factors may be considered. site topography, location of building
entrances and facades relative to the adjacent vehicular or pedestrian ways, interior
building layout, proximity to adjacent vehicular or pedestrian ways and relationships to
other floors in the structure.
BUILDING. Any structure having a roof supported by columns or walls, or any other
enclosed structure, for the housing or enclosure of persons, animals, or property.
DWELLING, MULTIPLE -FAMILY: A building containing three (3) or more dwelling units,
including townhouses, row houses, apartments, and condominium units, designed for or
used by three (3) or more families, each living as an independent housekeeping unit.
DWELLING, SINGLE-FAMILY: A detached building designed for or used as a dwelling
exclusively by one family as an independent housekeeping unit.
DWELLING, TWO-FAMILY: A detached building containing two (2) dwelling units,
designed for or used as a dwelling exclusively by two (2) families, each living as an
independent housekeeping unit.
FLOOR AREA, GROSS RESIDENTIAL (GRFA). See chapter 15 of this title for GRFA
definitions, regulations, and requirements for GRFA calculations.
GRADE, EXISTING. The existing grade shall be the existing or natural topography of a
site prior to construction.
GRADE, FINISHED. The finished grade shall be the grade proposed upon completion
of a project.
LOT OR SITE: A parcel of land occupied or intended to be occupied by a use, building,
or structure under the provisions of this title and meeting the minimum requirements of
this title. A lot or site may consist of a single lot of record, a portion of a lot of record, a
combination of lots of record or portions thereof, or a parcel of land described by metes
and bounds.
PARTY WALL. A common wall shared by two (2) attached structures, buildings or
dwelling units.
SITE. (See also definition of Lot Or Site.) A parcel of land occupied or intended to be
occupied by a use, building, or structure under the provisions of this title and meeting
the minimum requirements of this title. A lot or site may consist of a single lot of record,
a portion of a lot of record, a combination of lots of record or portions thereof, or a
parcel of land described by metes and bounds.
STRUCTURE. Anything constructed or erected with a fixed location on the ground, but
not including poles, lines, cables, or other transmission or distribution facilities of public
utilities, or mailboxes or light fixtures. At the discretion of the design review board,
swimming pools and tennis courts may be exempted from this definition.
TOWNHOUSE PROJECT.- A building or group of associated buildings consisting of
multiple -family dwelling units designed as attached or row dwellings that are treated as
one entity for zoning purposes.
Section 12-15-1: Purpose:
This chapter is intended to control and limit the size, bulk, and mass of residential
structures within the town. Gross residential floor area (GRFA) regulation is an effective
tool for limiting the size of residential structures and ensuring that residential structures
are developed in an environmentally sensitive manner by allowing adequate air and
light in residential areas and districts.
Section 12-15-3: Definition, Calculation, and Exclusions:
A. Within the hillside residential (HR), single-family residential (SFR), two-family
residential (R), and two-family primary/secondary residential (PS) districts.-
Gross
istricts.
Gross Residential Floor Area Defined. For residential uses, the total square footage of
all horizontal areas on all levels of a structure, as measured to the outside face of the
sheathing of the exterior walls (i.e., not including exterior wall finishes). Floor area shall
include, but not be limited to, elevator shafts and stairwells at each level, lofts,
fireplaces, bay windows, mechanical spaces, vents and chases, storage areas, and
other similar areas. Garages, attics; vaulted or open to below spaces, basements, crawl
spaces; and roofed or covered decks, porches, terraces, or patios shall be included as
floor area, except the horizontal areas of a structure as set forth herein shall then be
deducted from the calculation of GRFA.
a. GRFA shall be calculated by measuring the total square footage of a building as set
forth in the definition above. Excluded areas as set forth herein, shall then each be
deducted from the total square footage.
(1) Enclosed Garage Area. Enclosed garage areas of up to three hundred (300) square
feet per vehicle space not exceeding a maximum of two (2) vehicle parking spaces for
each allowable dwelling unit permitted by this title.
Garage area deducted from floor area is awarded on a "per space basis" and shall be
contiguous to a vehicular parking space. Each vehicular parking space shall be
designed with direct and unobstructed vehicular access.
Alcoves, storage areas, and mechanical areas which are located in a garage and which
are twenty five percent (25%) or more open to the garage area may be included in the
garage area deduction.
Interior walls separating the garage from other areas of a structure may be included in
the garage area deduction.
(2) Attic Areas With A Ceiling Height Of Five Feet Or Less. Attic areas with a ceiling height
of five feet (5) or less, as measured from the topside of the structural members of the
floor to the underside of the structural members of the roof directly above.
(3) Attic Areas With Trusses. Attic areas created by construction of a roof with structural
truss type members, provided the trusses are spaced no greater than thirty inches (30')
apart.
(4) Attic Areas With Nontruss System. Attic areas created by construction of a roof
structure utilizing a nontruss system, with spaces greater than five feet (5) in height, if
all of the following criteria are met.-
(A)
et.
(A) The area cannot be accessed directly from a habitable area within the same building
level; and
(8) The area shall have only the minimum access required by the building code from the
level below, and
(C) The attic space shall not have a structural floor capable of supporting a "live load"
greater than forty (40) pounds per square foot, and the "floor" of the attic space shall not
be improved with decking, and
(D) It must be demonstrated by the architect that a "truss type" or similar structural system
cannot be utilized as defined in the definition of floor area, and
(E) It will be necessary that a structural element (i.e., collar tie) be utilized when rafters are
used for the roof system. In an unusual situation, such as when a bearing ridge system
is used, the staff will review the space for compliance with this policy.
(5) Crawl Spaces. Crawl spaces accessible through an opening not greater than twelve
(12) square feet in area, with five feet (5) or less of ceiling height, as measured from the
surface of the earth to the underside of structural floor members of the floor/ceiling
assembly above.
Crawl spaces created by a "stepped foundation'; hazard mitigation, or other similar
engineering requirement that has a total height in excess of five feet (5) may be
excluded from GRFA calculations at the discretion of the administrator.
(6) Basements. On the lowest level of a structure, the total percentage of all exterior wall
surfaces of the structure as a whole (interior party walls are not considered exterior
walls for the purposes of this section) that are unexposed and below existing or finished
grade, whichever is more restrictive, shall be the percentage of the horizontal area of
the lowest level deducted from the GRFA calculations. The percentage deduction
calculations shall be rounded to nearest whole percent. The lowest level exterior wall
surface area shall be measured from the finished floor elevation of that level to the
underside of the structural floor members of the floor/ceiling assembly above. For the
purposes of these calculations, retaining walls and site walls shall not be considered
part of the lowest level exterior walls. The deduction shall be applied to all horizontal
areas on the lowest level of a structure, including garages and employee housing units
also deducted from the calculation of GRFA elsewhere in this title, but the deduction
does not apply to any crawl space or attic.
(7) Vaulted Spaces. Interior vaulted spaces and areas "open to below" with a floor to
ceiling height less than sixteen feet (16), as measured from the finished floor to the
underside of the structural members of the floor/ceiling assembly above.
(8) Roofed Or Covered Decks, Etc.. Roofed or covered decks, porches, terraces, patios or
similar features or spaces with no more than three (3) exterior walls and a minimum
opening of not less than twenty five percent (25%) of the linear perimeter of the area of
said deck, porch, terrace, patio, or similar feature or space, provided the opening is
contiguous and fully open from floor to ceiling, with an allowance for a railing of up to
forty four inches (44') in height and support posts with a diameter of eighteen inches
(18') or less which are spaced no closer than ten feet (10) apart. The space between
the posts shall be measured from the outer surface of the post.
2. Additional Calculation Provisions.-
a.
rovisions.
a. Common Interior Party Walls. Where more than one dwelling unit exists within a single
structure, GRFA shall be measured for each dwelling unit from the center of common
interior party walls to the outside face of the sheathing of the exterior walls.
b. Greenhouse Windows. Greenhouse windows (self-supporting windows) shall not be
counted as GRFA. "Greenhouse windows" are defined according to the following
criteria.-
(1)
riteria.
(1) Distance Above Inside Floor Level. In order for a window to be considered a
greenhouse window, a minimum distance of thirty six inches (36') must be provided
between the bottom of the window and the floor surface, as measured on the inside
face of the building wall. (Floor surface shall not include steps necessary to meet
building code egress requirements.) The thirty six inch (36') minimum was chosen
because it locates the window too high to be comfortably used as a window seat and
because it allows for a typical four foot (4) high greenhouse window to be used in a
room with an eight foot (8) ceiling height.
(2) Projection. No greenhouse window may protrude more than eighteen inches (18') from
the exterior surface of the building. This distance allows for adequate relief for
appearance purposes, without substantially adding to the mass and bulk of the building.
(3) Construction Characteristics. All greenhouse windows shall be self-supporting and
shall not require special framing or construction methods for support, with the exception
that brackets below the window may be allowed provided they die into the wall of the
building at a forty five degree (450) angle. A small roof over the window may also be
allowed provided the overhang is limited to four inches (4') beyond the window plane.
(4) Dimensional Requirement. No greenhouse window shall have a total window surface
area greater than forty four (44) square feet. This figure was derived on the assumption
that the maximum height of a window, in an average sized room, is four feet (4) and the
maximum width for a four foot (4) high self-supporting window is between six feet (6)
and eight feet (8) (approximately 32 square feet). Since the window would protrude no
more than eighteen inches (18'), the addition of side windows would bring the overall
window area to approximately forty four (44) square feet.
(5) Quantity: Up to two (2) greenhouse windows will be allowed per dwelling unit,
however, the forty four (44) square foot size limitation will apply to the combined area of
the two (2) windows.
(6) Site Coverage. Greenhouse windows do not count as site coverage.
c. Vaulted Spaces. Any interior space with a floor to ceiling height of sixteen feet (16) or
greater, as measured from the finished floor to the underside of the structural members
of the floor/ceiling assembly above, shall be calculated as GRFA on two (2) levels of a
structure.
V. DISCUSSION ITEMS
A revision to Section 12-15-3 A(6) is needed to clarify the decision of the Planning and
Environmental Commission concerning the GRFA exclusion in basements. Staff has
prepared some options for the PEC to consider. We ask the PEC to review these
potential edits to the existing zoning code, and provide feedback to the staff. We have
also listed some of the impacts that changes may have, both on the specific code
section, and potentially other parts of the code. Following are some options for the PEC
to consider on this code section:
(Added language shown in bold, language proposed for removal shown in
ctriLothrni inh)
Option #1: Add a line explaining that each dwelling unit is considered a separate
structure for the purposes of the basement GRFA exclusion:
(6) Basements. On the lowest level of a structure, the total percentage of all exterior wall
surfaces of the structure as a whole (interior party walls are not considered exterior
walls for the purposes of this section) that are unexposed and below existing or finished
grade, whichever is more restrictive, shall be the percentage of the horizontal area of
the lowest level deducted from the GRFA calculations. For the purposes of basement
GRFA exclusions only, each dwelling unit shall be considered a separate
structure, and each structure shall have its own lowest level. The percentage
deduction calculations shall be rounded to nearest whole percent. The lowest level
exterior wall surface area shall be measured from the finished floor elevation of that
level to the underside of the structural floor members of the floor/ceiling assembly
above. For the purposes of these calculations, retaining walls and site walls shall not be
considered part of the lowest level exterior walls. The deduction shall be applied to all
horizontal areas on the lowest level of a structure, including garages and employee
housing units also deducted from the calculation of GRFA elsewhere in this title, but the
deduction does not apply to any crawl space or attic.
Staff Analysis:
This option helps to limit the impact of these changes to this section of the code, and
likely has the least potential for impacting other policies.
Option #2: Add a new definition of "Lowest Level" in Section 12-2-2 Definitions:
Lowest Level — That floor area of a structure containing GRFA that has the
smallest number when measured in relation to the U.S.G.S. mean sea level.
Staff Analysis:
The addition of a general definition would also be used to interpret other sections of the
code that use the term "lowest level", including the Residential Cluster (RC), Low
Density Multiple -Family (LDMF), Medium Density Multiple -Family (MDMF), High Density
Multiple -Family (HDMF), Housing (H), and Vail Village townhouse (VVT) districts. As a
result, this definition could create other impacts not anticipated at this time.
Option #3: Redefine the term "Dwelling, Two -Family"
DWELLING, TWO-FAMILY: A detached building containing two (2) dwelling units,
designed for or used as a dwelling exclusively by two (2) families, each living as an
independent housekeeping unit. Each dwelling unit shall be considered a separate
structure.
Staff Analysis:
One of the challenges of this change is that for zoning purposes, a two-family dwelling
is currently considered one structure on one development site. For example, when
calculating setbacks, lot coverage and landscaping, the entire lot is considered one site,
and the GRFA allotment, and required maximum site coverage and minimum
landscaping are based on the entire site.
If the GRFA exclusion is allocated to separately each structure, then should the site
coverage, landscaping and setbacks also be measured separately? Measurements are
not calculated this way currently; this change would result in a paradigm shift in plan
review practice.
This change would reduce some of the flexibility provided to developers and owners to
determine the best overall site design, without needing to match the proportional share
of the lot area of each unit. It would also complicate the calculations for sites containing
"C" parcels or common space surrounding a two-family dwelling. (A "C" parcel is the
common land held in joint ownership by the owners of each side of a duplex, Parcel "A"
and Parcel "B".)
Other Considerations:
We ask the PEC to consider the potential impacts that code amendments may have, not
only on individual buildings and sites, but also on other sections of the Town Code and
other programs that are impacted by GRFA.
• If a two-family dwelling is two structures, can each side of a duplex be
constructed at a different time?
• If units are constructed separately and submitted under different version of the
building code, other unanticipated issues may arise.
• If units are constructed separately, the first unit built determines how much GRFA
and site coverage remains for the other half of a two-family building (duplex).
• Inclusionary Zoning requirements for Employee Housing are based on GRFA.
Any change that reduces the amount of floor area that counts as GRFA will also
reduce the amount of employee housing required to be provided.
• As separate structures, two-family properties with a horizontal party wall (portions
of one unit are below another unit) would be allowed to exclude basement GRFA
on two levels within the same building footprint. (E.g. basement for Unit 1 is
below the basement for Unit 2.)
• Other impacts and unintended consequences that can not be anticipated at this
time.
• Would this change create non -conformities? How would these be handled?
VI. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission considers the potential changes needed to the Vail Town
Code and provide direction to the staff. Based on this feedback, staff will draft proposed
Prescribed Regulations Amendments, and bring them to the PEC during a public
hearing.
At this time, the Community Development Department believes that Option #1 helps to
best clarify the decision of the PEC concerning basement GRFA exclusions with the
least potential for impacting other sections of the code.
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IN
TOW?J OF VAi `
VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO
MEETING DATE: June 13, 2016
ITEM/TOPIC: A request for review of an Employee Housing Plan, pursuant to Section 12-24-8,
Administration, I nclusionary Zoning, Vail Town Code, to allow for an Off Site Employee Housing
Unit, an exception to the on-site requirement, and Fees in Lieu to meet the Inclusionary Zoning
requirement for the redevelopment of the residences located at 303 Gore Creek Drive Units 9 &
10/Lots 9 & 10, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC16-
0022)
ATTACHMENTS:
File Name Description
Galvin_Housing_Plan_060616.pdf Galvin Housing Plan
Narrative -9- Gal\An Porposal.pdf Applicant Request
0
ruwN oFvaiL=
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: June 13, 2016
SUBJECT: A request for review of a Employee Housing Plan, pursuant to Section 12-24-8 A,
Employee Housing Plan, Vail Town Code, to allow for an Off Site Employee Housing
Unit, an exception to on-site requirement, and fee in lieu to meet the Inclusionary Zoning
requirement for the redevelopment of the residences located at 303 Gore Creek Drive
Units 9 & 10/Lots 9 & 10, Block 5, Vail Village Filing 1, and setting forth details in regard
thereto. (PEC16-0022)
Applicants: Sun Up Trust and Christopher B. Galvin Revocable Trust, represented by
Mauriello Planning Group
Planner: Alan Nazzaro, Housing Manager
I. SUMMARY
The applicants Sun Up Trust and Christopher B. Galvin Revocable Trust, represented by
Mauriello Planning Group, is requesting the review of an Employee Housing Plan, in
accordance with Section 12-24-8 of the Vail Town Code. As part of this application, the
applicant is requesting an exception to the on-site mitigation requirement, in accordance with
Section 12-26-6A.1 of the Vail Town Code. The Planning and Environmental Commission's
review is limited to the review of the Employee Housing Plan and exception request. Planning
and Environmental Commission review is required for all Employee Housing Plans with an
Inclusionary Zoning employee housing requirement in excess of 438 square feet.
The Vail Townhouses are zoned Vail Village Townhouse District (VVT) and are subject to the
Inclusionary Zoning requirements of Section 12-24 of the Vail Town Code. The applicant owns
Lots 9 and 10, and is proposing to consolidate the two units into one dwelling unit. A future
subdivision plat will consolidate the two lots into one. There is currently 1,667 sq. ft. of Gross
Residential Floor Area (GRFA) in Unit 9, while the GRFA of Unit 10 is 2,477 sq. ft. As proposed,
the new unit will be 9,710 sq. ft., an increase of 5,566 sq. ft. of GRFA. This equates to an
employee housing requirement of 556 sq. ft. Section 12-24-6A of the Vail Town Code requires
that for any requirement in excess of 438 sq. ft., fifty percent (50%) of the employee housing
requirement shall be provided on-site. In this case, a 278 sq. ft. Employee Housing Unit (EHU)
would be required to be located on-site, while the remaining 278 sq. ft. would be allowed either
off-site or a fee -in -lieu could be paid.
DESCRIPTION OF REQUEST
The applicant is requesting an exception to the on-site mitigation requirement, to allow for the
employee housing requirement to be met by a different method of mitigation. In this case, the
applicant is proposing to provide the employee housing requirement off-site, and to double the
requirement from 556 sq. ft. 1,112 sq. ft. The applicant is proposing to provide a deed -restricted
employee housing unit of a minimum of 900 sq. ft. The 900 sq. ft. minimum unit is proposed to
allow some flexibility in case there are no units available of exactly 1,112 sq. ft. Any remaining
requirement would be provided through the fee in lieu. The maximum fee in lieu would be 212
sq. ft. or $28,545.
A copy of the proposed Employee Housing Plan has been attached for reference (Attachment
A)
The purpose of this meeting is to present the proposed plan for the Employee Housing
Requirement Mitigation Plan and have the Planning & Environmental Commission (PEC) review
the details and approve the plan, approve with conditions, or deny the request.
III. BACKGROUND
The Galvin Residence is considered a demo/rebuild as the applicant is proposing to demolish
more than 50% of the existing GRFA. As a result, Section 12-24-6: Methods of Mitigation
applies, which states:
1. 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.
4. Fees in Lieu: An applicant may provide a payment of fees in lieu 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 may be provided in accordance with
subsection 8 of this section.
2. 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.
On Site Units:
a. All on site EHUs shall be deed restricted as a "type IV-IZ" (type four, inclusionary
zoning mitigation) or "type V11 -1Z" (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 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 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 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 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 84a 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 only use monies collected from the fees in lieu to provide new
employee housing.
5. Conveyance of Property Off Site: The town council 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)
IV. APPLICABLE PLANNING DOCUMENTS
2012 Vail Village Master Plan
Title 12, Zoning Regulations, Vail Town Code (in part)
V. ZONING ANALYSIS
Address: 303 Gore Creek Drive Units 9 & 10
Legal Description: Lots 9 & 10, Block 5, Vail Village Filing 1
Lot Area: 4,670 sq. ft. (0.1072 acres)
Zoning: Vail Village Townhouse District
Land Use Designation: Village Master Plan
VI. SURROUNDING LAND USES AND ZONING
Land Use Zoning
North: Stream Tract (Gore Creek) Outdoor Recreation District
South: Parking (Founder's Park) Parking
East: Stream Tract (Gore Creek) Outdoor Recreation District
West: Residential (Vail Townhouses) High Density Multi -Family
VII. REVIEW CRITERIA
This request by the applicant has two levels of review.
A. The review criteria for an exception from the requirement to provide no less than one-half
(1/2) of employee housing with on site units is set at Section 12-24-6 (A) (1) (d):
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:
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.
Staff finds that the proposal meets the general intent of this section, but without knowing the
location of the off-site unit intended to fulfill the requirement we can not determine if the
applicant's proposal to "double" the required square footage is adequate compensation for not
having the EHU located on site. According to the Employee Housing Unit Deed Restriction
Exchange Program, if the existing unit is located within the Commercial Core and the
exchanged unit is located outside of that zone area the multiplier is three times (3x) the required
square footage, and if both the on-site unit and off-site exchange are located within the
Commercial Core then the multiplier is two times the square footage of the existing unit. The
location of this proposed redevelopment, 303 Gore Creek Drive Units 9 & 10/Lots 9 & 10, Block
5, Vail Village Filing 1, is within the Village Commercial Core.
B. The review criteria for submittal of an Employee Housing Plan is set for the Section 12-24-8
(B) (2):
The planning and environmental commission shall approve, approve with modifications,
or deny an employee housing plan unless the plan involves less than four hundred thirty
eight (438) square feet of EHU floor area; the development is located within a special
development district; or the plan includes a request to convey property.
Staff finds that the proposed plan is in compliance with the requirements set forth in the Town
Code for this section and contains all of the prescribed elements of the Housing Plan. Staff, as
pointed out above, does not agree with the narrative statement in paragraph #8 of the plan, that
the plan provides "well in excess of the housing requirement" without knowing where the unit will
be located. Furthermore, staff would like some assurances that the off-site unit will meet
minimum livability standards for health and safety under current building codes.
VIII. DISCUSSION ITEMS
It has long been a goal of the Town to have "safe, attractive, and quality affordable housing".
The resolution adopting the 2008 Employee Housing Strategic Plan states:
"That the Employee Housing Strategic Plan 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."
In the goals for the new Chamonix Neighborhood Development two of them stressed by the
Town were:
• Deliver desirable, marketable and diverse types of housing products
• Develop a diversified cost/sales structure to respond to a wider range of buyers
The Town has stressed the desire to have quality over quantity in this "neighborhood setting" in
all of the policy discussions surrounding this development. A point of discussion, therefore, is
whether to add a condition of approval that the unit is inspected by Community Development for
housing quality and safety, prior to approval of the unit as an EHU. This is a requirement in
other communities, such as Breckenridge.
The other item for discussion is whether or not the double square footage proposal is adequate
to offset not providing an on-site unit within the Village Commercial Core. As pointed out above,
when an existing unit within the Commercial Core is exchanged for an off-site unit in the EHU
Exchange Program, the Code requirement is for three times the square footage to replace the
existing unit.
IX. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and Environmental
Commission approve, with conditions, a request to allow for an Employee Housing Plan,
pursuant to Section 12-24-8 A, Employee Housing Plan, Vail Town Code, to allow for the an Off
Site Employee Housing Unit, an exception to on-site requirement, and fee in lieu to meet the
Inclusionary Zoning requirement for the redevelopment of the residences located at 303 Gore
Creek Drive Units 9 & 10/Lots 9 & 10, Block 5, Vail Village Filing 1, and setting forth details in
regard thereto. Staff's recommendation is based upon the review of the criteria described in
Section VII of this memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to approve with conditions, this
request, the Community Development Department recommends the Commission pass the
following motion:
"The Planning and Environmental Commission approves with conditions a
request to allow for an Employee Housing Plan, pursuant to Section 12-24-8 A,
Employee Housing Plan, Vail Town Code, to allow for the an Off Site Employee
Housing Unit, an exception to on-site requirement, and fee in lieu to meet the
Inclusionary Zoning requirement for the redevelopment of the residences
located at 303 Gore Creek Drive Units 9 & 10/Lots 9 & 10, Block 5, Vail Village
Filing 1, and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to approve, with conditions, for
this request, the Community Development Department recommends the Commission applies
the following conditions:
1. Prior to acceptance of the off-site unit as replacement for the required Employee
Housing Unit, that Community Development shall be allowed to inspect the unit for code
compliance with health, safety and livability standards.
2. If the off-site replacement unit is located outside of the Commercial Core, that the square
footage requirement be raised to three times the on-site square footage requirement, in
keeping with the standard established under the EHU Exchange Porgram.
X. ATTACHMENTS
A. Applicant's Request
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I. Introduction
The applicant Chris Galvin, represented by Mauriello Planning Group and Shepherd
Resources, is requesting the review of a Housing Plan, in accordance with Section 12-24-8 of
the Vail Town Code. As part of this application, the applicant is requesting an exception to
the on-site mitigation requirement, in accordance with Section 12-26-6A.1 of the Vail Town
Code. The project has already been reviewed and approved by the Design Review Board on
April 6, 2016. The Planning and Environmental Commission's review is limited to the review
of the Housing Plan and exception request. The Planning and Environmental Commission
reviews all Housing Plans with an Inclusionary Zoning employee housing requirement in
excess of 438 sq. ft.
The Vail Townhouses are zoned Vail Village Townhouse District (VVT) and are subject to the
Inclusionary Zoning requirements of Chapter 12-24 of the Vail Town Code. The applicant
owns Lots 9 and 10, and is proposing to consolidate the two units into one dwelling unit. A
future subdivision plat will consolidate the two lots into one. There is currently 1,667 sq. ft. of
GRFA in Unit 9, while the GRFA of Unit 10 is 2,477 sq. ft. As proposed, the new unit will be
9,710 sq. ft., an increase of 5,566 sq. ft. of GRFA. This equates to an employee housing
requirement of 556 sq. ft. Section 12-24-6A of the Vail Town Code requires that for any
requirement in excess of 438 sq. ft., half of the EHU requirement shall be provided on -side.
In this case, a 278 sq. ft. EHU would be required to be located on-site, while the remaining
278 sq. ft. would be allowed either off-site or a fee -in -lieu could be paid.
The Galvin Residence is considered a demo/rebuild as the applicant is proposing to demolish
more than 50% of the existing GRFA. As a result, the Section 12-24-6: Methods of Mitigation
applies, which states:
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.
2
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.
4. Fees In Lieu: An applicant may provide a payment of fees in lieu 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 may be provided in
accordance with subsection 8 of this section.
The applicant is requesting an exception to the on-site mitigation requirement, to allow for the
employee housing requirement to be met by a different method of mitigation. In this case,
the applicant is proposing to provide the employee housing requirement off-site, and to
double the requirement from 556 sq. ft. 1,112 sq. ft. The applicant is proposing to provide a
deed -restricted unit of a minimum of 900 sq. ft. The 900 sq. ft. minimum unit is proposed to
allow some flexibility in case there are no units available of exactly 1,112 sq. ft. Any
remaining requirement would be provided through the fee in lieu. The maximum fee in lieu
would be 212 sq. ft. or $28,545.
3
II. Housing Plan
1. Calculation Method. The calculation of the inclusionary zoning requirement, including
credits if applicable, and the mitigation method by which the applicant proposes to meet
the requirements of this chapter
Applicant Response: As indicated in the Zoning Analysis above, the proposed
dwelling unit will total 9,710 sq. ft. of GRFA. The existing units are 1,667 sq. ft. and
2,477 sq. ft., for a total of 4,144 sq. ft. The net increase in GRFA is 5,566 sq. ft. The
employee housing requirement is calculated as follows:
5,566 sq. ft. of new GRFA x 10% mitigation rate = 556.6 sq. ft. of employee housing
to be provided.
2. Plans. A dimensioned site plan and architectural floor plan that demonstrates compliance
with section 12-24-3, "Building Requirements", of this chapter
Applicant Response: Should this application be approved, plans will be submitted
demonstrating the square footage of the unit to comply with Section 12-24-3.
3. Lot Size. The average lot size of the proposed EHUs and the average lot size of other
dwelling units in the commercial development or redevelopment, if any
Applicant Response: This criteria is not applicable to this proposal.
4. Schedules. A time line for the provision of any off site EHUs
Applicant Response: A deed restriction for an off-site EHU will be provided prior to
the issuance of a T.C.O. If no T.C.O is issued, it will be provided prior to the issuance
of a C.O.
5. Off Site Units. A proposal for the provision of any off site EHUs shall include a brief
statement explaining the basis of the proposal
Applicant Response: As indicated in the analysis in Section III of this application, the
applicant is proposing to meet the Inclusionary Zoning employee housing requirement
through the provision of an off-site unit, at a size of double the requirement. The
employee housing requirement of 556.6 sq. ft., with a requirement of 278 sq. ft. of
that to be provided on-site, will instead be provided through the provision of an off-site
unit. The proposal is to provide a unit up to 1,112 sq. ft in size, with a minimum of a
900 sq. ft. unit. Any remaining requirement would then be provided via the fee in
lieu.
6. Off Site Conveyance Request. A request for an off site conveyance shall include a brief
statement explaining the basis for the request.
4
Applicant Response: The applicant is not proposing any off-site conveyance of
property.
7. Fees in Lieu. A proposal to pay fees in lieu shall include a brief statement explaining the
basis of the proposal
Applicant Response: The applicant is proposing to provide an off-site unit, with the
goal of purchasing or acquiring a deed restriction on a unit up to 1,112 sq. ft.
However, because it can be difficult to find a unit of exactly that size, the applicant is
proposing a minimum of a 900 sq. ft. unit. Any remaining requirement up to the 1,112
sq. ft. would then be provided via the fee in lieu.
8. Written Narrative. A written narrative explaining how the employee housing plan meets
the purposes of this chapter and complies with the town's comprehensive plan.
Applicant Response: The intent and purpose statement of Chapter 12-24 states:
The purpose of this chapter is to ensure that new residential development and
redevelopment in the town of Vail provide for a reasonable amount of
employee housing to mitigate the impact on employee housing caused by such
residential development and redevelopment.
This employee housing plan meets the purposes of this chapter by providing well in
excess of what is required by the chapter. The Inclusionary Zoning employee housing
requirement is for 566.6 sq. ft., but the applicant is proposing 1,112 sq. ft., effectively
doubling the requirement or, looked a a different way, providing 3 times the onsite
requirement of 278 sq. ft. plus the offsite/pay in -lieu amount of 278 sq. ft., which is
consistent with the Town's adopted policy for the Employee Housing Exchange
Program. This proposal more than mitigates the impact on employee housing needs
caused by the proposed Galvin Residence, and mitigates the fact that the provision of
an on-site unit is complicated on a townhouse project due to parking and building
height issues.
It is well known by the Housing Division that condominiums that currently house local
employees is being converted at an alarming rate to second -home ownership and
used for either vacation use or for short term rental opportunities such as VRBO.
Providing a deed restriction on an existing unit within town helps to reduce this loss of
available employee housing.
The Vail Townhouses are within the planning boundaries of the Vail Village Master
Plan, which provides guidance for development occurring within Vail Village. The Vail
Village Master Plan states the following goals, objectives, and policies which are
applicable to this employee housing plan:
5
GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING
UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS
SENSE OF COMMUNITY AND IDENTITY.
Objective 1.2: Encourage the upgrading and redevelopment of residential and
commercial facilities.
Policy 1.4.2: The Town may grant flexibility in the interpretation and
implementation of its regulations and design guidelines to help protect and
maintain the existing character of Vail Village.
Objective 2.6: Encourage the development of employee housing units in Vail
Village through the efforts of the private sector.
Policy 2.6.1: Employee housing units may be required as part of any new or
redevelopment project requesting density over that allowed by existing
zoning.
Policy 2.6.2: Employee housing shall be developed with appropriate
restrictions so as to insure their availability and affordability to the local work
force.
Policy 2.6.3: The Town of Vail may facilitate in the development of affordable
housing by providing appropriate assistance.
Policy 2.6.4: Employee housing shall be developed in the Village when
required by the Town's adopted Zoning Regulations.
The Vail Village Master Plan provides addition guidance in the section that deals
specifically with the East Gore Creek Sub Area, in which the Galvin Residence is
located. The Vail Village Master Plan states:
While the level of development in East Gore Creek is generally greater than
that allowed under existing zoning, this area has the potential to absorb
density without compromising the character of the Village. These
developments could be accommodated by partial infills of existing parking
areas balanced by greenspace additions or through increasing the height of
existing buildings (generally one story over existing heights). In order to
maintain the architectural continuity of projects, additional density should be
considered in conjunction with the comprehensive redevelopment of projects
or individual units. There are several townhouse properties within this sub -area
which were platted and/or constructed under Eagle County jurisdiction. These
townhouse properties are nonconforming with the many of development
standards (including, but not limited to density, gross residential floor area,
setbacks, site coverage, landscape area) of the High Density Multiple Family
6
(HDMF) District. It is recommended that greater flexibility with the
development standards may be necessary to allow these townhouse protects
to redevelop. This flexibility may be achieved through the rezoning to the Vail
Village Townhouse (VVT) District. However, the granting of variances from the
HDMF District or rezoning to the Vail Village Townhouse (VVT) District should
consider potential impacts to the character of the neighborhood.
III. Exception to Methods of Mitigation
Section 12-24-6: Methods of Mitigation provides the requirements for housing and states the
following:
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.
The proposed Galvin Residence is a demo/rebuild that results in a mitigation requirement
greater than 438 sq. ft., and is therefore required to provide 50% of the employee housing
requirement on-site, which results in an on-site requirement of 278 sq. ft. and an off-site
requirement of 278 sq. ft. (or fee in lieu) Due to the challenges of locating an EHU on-site
(parking and building height), the applicant is proposing an exception to the on-site
requirement. The section above allows exceptions subject to the Planning and Environmental
Commission finding one of the findings listed. The applicant is proposing the exception based
on Finding D. which states:
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.
The applicant is proposing to double the employee housing requirement of Chapter 12-24,
proposing instead to provide 1,112 sq. ft. of employee housing or, looked in a different way,
providing 3 times the onsite requirement of 278 sq. ft. plus the offsite/pay in -lieu amount of
278 sq. ft., which is consistent with the Town's adopted policy for the Employee Housing
Exchange Program. The applicant will provide a deed restriction for a unit of a minimum of
900 sq. ft. (any remaining square footage will be provided through the pay -in -lieu option).
This method of mitigation actually achieves a much greater amount of square footage
dedicated to employee housing, which directly correlates to the intent and purpose statement
of Chapter 12-24, which states:
8
The purpose of this chapter is to ensure that new residential development and
redevelopment in the town of Vail provide for a reasonable amount of employee
housing to mitigate the impact on employee housing caused by such residential
development and redevelopment.
It also furthers the objectives of the Employee Housing Strategic Plan (2008), which are listed
as follows:
A. Provide housing to address needs generated by new development or redevelopment.
B. Respond to the existing affordable housing shortfall by pursuing a number of
identified programs and development opportunities.
C. Call for any deed -restricted housing that is required as a condition of development to
be constructed at the time new development occurs.
D. Creation and maintenance of housing in Vail for emergency and key service workers.
E. Actively address affordable housing for Vail workers to ensure that the community
remains competitive in economic terms.
F. Increase and maintain deed -restricted housing within the Town to encourage the
efficient use of resources by placing employees closer to their place of work.
G. Planning for new employee housing will take fobs and wages into account.
H. Provide and plan for housing along with local and regional public transportation.
In the case of the Galvin Residence, the existing Inclusionary requirement would generate
one unit of 278 sq. ft., and the remaining requirement would be addressed via a fee in lieu of
$37,432. The 278 sq. ft. unit would likely only provide housing for one employee (as
identified by the Vail Town Code). As proposed, the method of mitigation will generate a
much more livable deed -restricted unit of a minimum of 900 sq. ft., which depending on the
actual size of the unit could house two to three employees (as identified by the Vail Town
Code.) Any remaining requirement, up to 212 sq. ft., would be addressed via the fee in lieu,
which would be up to $28,545.
This furthers the objectives of the Employee Housing Strategic Plan by providing employee
housing far beyond the needs generated by development. It helps to address the housing
shortfall in the Town of Vail by providing a creative option to an established housing
program. It is well known by the Housing Division that condominiums that currently house
local employees is being converted at an alarming rate to second -home ownership and used
for either vacation use or for short term rental opportunities such as VRBO. Providing a deed
restriction on an existing unit within town helps to reduce this loss of available employee
housing.
Because the deed restriction will be provided at T.C.O or C.O., the housing is provided at the
time the proposed development is occurring. The unit will be required to be occupied by an
employee and located in the Town of Vail, encouraging the efficient use of resources by
locating employees closer to their place of work.
9
TOW?J OF VAi `
VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO
MEETING DATE: June 13, 2016
ITEM/TOPIC: Firewise Town Code Amendments
ATTACHMENTS:
File Name
Firewise PEC_Memo for 06-13-2016.pdf
Description
PEC Memorandum with Attachments
rowN oFvaiL
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: June 13, 2016
SUBJECT: A request for comment regarding a proposed regulation amendment, pursuant to
Section 12-3-7, Amendment, Vail Town Code, to amend Titles 5 and 14,
Chapters 5-11 Abatement of Mountain Pine Beetle and Wildfire Fuels Reduction,
and 14-10 Design Review Standards and Guidelines, to include other forest
insects and diseases in addition to the mountain pine beetle, to expand the
definition of wildfire fuels and to relocate standards related to roofing material
specifications from the Vail Town Code to the Building Code.
Applicant: Town of Vail, represented by Paul Cada
Planner: Jonathan Spence
SUMMARY
The Vail Fire Department has proposed changes to the Vail Town Code in an effort to
increase awareness and enhance protection for both life and property related to the
inherent threat of wildfires in the Vail community. The proposed changes fall into three
categories, two of which will be presented for discussion and feedback today while a
third will be put forth in the coming months. The three categories are:
A. Changes to Chapter 5-11 Abatement of Mountain Pine Beetle and Wildfire
Fuels Reduction.
B. Changes to Chapter 14-10 Design Review Standards and Guidelines related
to building materials.
C. Changes to Chapter 14-10 Design Review Standards and Guidelines related
to landscape standards and guidelines, to be discussed at a later date.
II. PROPOSED CHANGES WITH STAFF COMMENT
Staff has prepared two matrices in an effort to clearly illustrate the proposed changes,
their deviation from the existing language, the possible effects of the changes and
comments on how the language might be improved to better achieve the desired
outcome. Some of the changes, especially to definitions such as "Director" and
"Occupant", result in additional, non -substantive changes throughout the remainder of
the document. Staff has not included these non -substantive changes in the matrices. A
complete Track Changes version of the proposed changes is included as Attachments
C. and D. Please find the matrices included as Attachments A and B.
III. REQUESTED ACTION
Staff requests the Planning and Environmental Commission (PEC) review the proposed
changes put forth by the Fire Department and provide feedback and suggestions prior
to these changes being put before the Town Council. As the Vail Town Code does not
authorize the PEC to make formal recommendations on code changes other than those
to Chapters 12 and Chapter 13 (Zoning and Subdivision Regulations), staff is not
requesting a formal recommendation or findings.
IV. ATTACHMENTS
A. Changes to Chapter 5-11 Abatement of Mountain Pine Beetle and Wildfire Fuels
Reduction Matrix
B. Changes to Chapter 14-10 Design Review Standards and Guidelines related to
building materials.
C. Track Changes Version of Proposed Changes to Chapter 5-11 Abatement of
Mountain Pine Beetle and Wildfire Fuels Reduction.
D. Track Changes Version of Proposed Changes to Chapter 14-10 Design Review
Standards and Guidelines related to building materials.
Town of Vail Page 2
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Chapter 11
ABATEMENT OF MOUNTAIN PINE BEETLE, WILDFIRE FUELS REDUCTION AND
OTHER FOREST INSECTS AND DISEASES It 0
5-11-1: DEFINITIONS:
5-11-2: DUTIES OF LANDOWNER AND OCCUPANT TO PERMIT INSPECTION:
5-11-3: INSPECTION FOR MOUNTAIN PINE BEETLE AND WILDFIRE FUELS:
5-11-4: NOTICE OF VIOLATION:
5-11-5: ABATEMENT ORDER:
5-11-6: PERMIT FOR REMOVAL OF BEETLE INFESTED TREES AND WILDFIRE
FUELS -
5 -11-7: UNLAWFUL ACTS:
5-11-8: VIOLATION, PENALTY:
5-11-1: DEFINITIONS: It 0
For purpose of this chapter, the following words shall have the following meanings, unless the
context clearly requires otherwise:
BEETLE E INFESTEDDISEASED TREE: A tree, alive or dead, which is or has been infested/
infected with any insect or disease identified in the le beetle (Pefidfeetelitts
rde sa--),.
DIRECT -OR: The to v= most current version of the Field Guide to Diseases & Insects of the
Rocky Mountain Region
TOWN: Any agent or employee of the Town of Vail difeetef ef ptiblie wefks, of his desigiiee.
fid. Vail Fire and Emergency Services has primary responsibility for the abatement of
diseased trees and/or wildland fuels within the t&A% ,.f Vail limits ,.,he is liet t e &A Town of
eaSefflefft OF ght Of 'Way efty.
Vail.
OWNER OR LANDOWNER: Any person who owns any lot, tract or parcel of real property
located within the corporate limits of the town of Vail.
PROPERTY: Any lot, tract or parcel of real property located within the corporate limits of the
town of Vail.
WILDFIRE FUELS: Vegetation and other materials surrounding a home r including_, firewood,
decorative materials, exterior furniture, trees, shrubs, forbs or grasses, alive or dead, which
represent a potential hazard to life or property during a wildland fire as determined by Vail Fire
and Emergency Services
5-11-2: DUTIES OF LANDOWNER AND OCCUPANT TO PERMIT INSPECTION: El
An owner of eeettpant whose property contains one or more beetle itifested tfeesdiseased tree or
any wildfire fuels shall allow the terTown of Vail to enter such property for the purpose
of immediate inspection of the trees located upon such property when at least one of the
following events has occurred:
A. The owner or eee"ant has requested the inspection; or
B. A neighboring landowner of: eee"af4 has reported a sttspeeted beetle inf steddiseased tree or
other wildfire fuels and requested an inspection; or
C. The dir€eterTown has made a visual observation from a public right of way or area and has
reason to believe that beetle :rf st diseased trees or other wildfire fuels exist on the property of
the ownerof: eee"ant. (Ord. 23(2007) § 2)
5-11-3: INSPECTION FOR N40UNTn IN PINE BE Tr 'DISEASED TREES AND WILDFIRE
FUELS: It 0
A. Subject to the requirements and limitations of this chapter, the direeterTown shall have the
right to enter upon any property, whether public or private, during reasonable hours for the
purpose of inspecting for the existence of a beetle infest diseased tree or any other wildfire
fuels when at least one of the three (3) events described in section 5-4811-2 of this chapter has
occurred. However, no agent or employee of the town shall enter upon any property to inspect
for a beetle infest diseased tree or other wildfire fuels without the permission of the owner
aee"aa , or without an inspection warrant issued pursuant to this chapter.
B. If verbal permission to inspect the property from the aff-eeted owner of eee"afitl is not
obtained, the town shall send written notice to the landowner ^Rd any ,,, ettp^„* of the property
advising that the direeterTown desires to inspect the property for a beetle infest diseased tree
and/or other wildfire fuels. The notice shall be sent by certified mail. The notice may be sent to
the landowner at the address to which tax notices are sent according to the records of the Eagle
County treasurer, and to the ^ N* ^* 'heProperty address.. Alternatively, the difeetefTown
may personally serve such notice upon the affected owners eeepafit. Where possible,
inspections shall be scheduled and conducted with the concurrence of the owners ems.
C. If permission to enter upon and inspect the property is not obtained within ten (10) days after
the notice described in subsection B of this section has been received, or within ten (10) days of
the date of service if the notice was personally served, the dir€eterTown may request that an
inspection warrant be issued by the municipal court. The municipal court judge shall issue an
inspection warrant upon presentation by the direeterTown of an affidavit satisfying the
requirements of rule 241(b)(2) of the Colorado municipal court rules of procedure.
D. In the case of an emergency involving imminent danger to the public health, safety or welfare,
the difeetefTown may enter upon any property to conduct an emergency inspection without a
warrant and without complying with the requirements of this section. (Ord. 23(2007) § 2)
5-11-4: NOTICE OF VIOLATION: It 0
A. If the difeete Town determines that the property contains one or more beetle :rf ste diseased
trees and/or etie-r-wildfire fuels, the difeete Town shall notice the owner
property. Such notice shall be given either by certified mail or personal delivery.
B. The notice shall:
1. Advise the owner ^Name-aeettpaf4 that the property contains one or more diseased trees
infested with m t eetle^ra— e and/or wildfire fuels;
2 ^ a.,ise *he &ra per 4ie nt of to v %Describe approved methods for the removal er
desti,,etier of beetle infeste of diseased trees and/ored+eFAftwildfire fuels; and
3.eR. quire the owner anEVer the eee"af4 that all diseased trees infested= ,ith metmtai
Vie -and/or etawildfire �iels must be removed within a of thirty (30) days
following receipt of the notice, or that an acceptable plan and schedule for removal of the berme
;diseased trees and/ori wildfire fuels must be submitted to the direeterTown within
such thirty (30) day period.
C. If the owner et eeettpant disputes that the property contains one or more beetle
;diseased trees and/or etber-wildfire fuels as detef hied by toe dire to the owner of
shall notify the direeterTown of such dispute within thirty (30) days of receipt of the
direeter's of violation. If a timely notice of dispute is given, the town shall not file an
application for an abatement order until the direeterTown has met with the disputing party in an
effort to resolve the dispute. If the direeterTown meets with disputing party and is unable to
resolve the dispute, the }Town may file an application for an abatement order pursuant to
section 5-11-5 of this chapter. (Ord. 23(2007) § 2)
5-11-5: ABATEMENT ORDER: 0
A. In the event the owner ^Valor *he ,,,.,.,, ant fails to comply with the Towns notice as
described in section 5-11-4 of this chapter by removing the beetle :rf st diseased trees and/or
eta wildfire fuels or by submitting an acceptable schedule for such removal within the
applicable thirty (30) day period, the town has the authority to provide for and to complete the
removal by obtaining and acting on an abatement order.
B. Upon the expiration of the notice period, or at any time thereafter if the required action has
not taken place, the town may apply to the municipal court for an abatement order.
C. An application for an abatement order shall be accompanied by an affidavit affirming that:
1. The direeterTown has determined that the subject property has one or more beetle
;diseased trees or ^� wildfire fuels;
2. The direeterTown has complied with the notice requirements of section 5-11-4 of this chapter;
and
3. The owner of: eee"aat has failed to either remove the beetle infest diseased trees and/or
e wildfire fuels, or has failed to submit an acceptable plan and schedule such removal within
the required time.
D. The town shall give notice to the owner and any ,,,.,.,, a -n of the property of its application for
an abatement order either by certified mail or by personal service of the notice. The notice of
application for an abatement order shall include a copy of the town's application and its affidavit
in support thereof, as well as the date, time, and place at which the town will appear before the
municipal court to request entry of the abatement order.
E. At the stated time, date and place, the municipal court judge shall review the town's
application for an abatement order, the affidavit, any statement of the town offered in support
thereof, as well as any statement and evidence presented by the owners ems, if present.
F. The municipal court judge is authorized to enter an order permitting the town to enter upon the
subject property, remove beetle ;rf ste the diseased trees and/ori wildfire fuels and to
recover its costs as provided in subsection I of this section, if the municipal court judge finds
that:
1. The subject property has one or more beetle infest diseased trees and/ori wildfire fuels;
2. The direeterTown has complied with the notice requirements of section 5-11-4 of this chapter;
and
3. The owner of eeettpaot has failed to either remove the beetle ilif st diseased trees and/or
et+ef wildfire fuels, or has failed to submit an acceptable plan and schedule such removal within
the required time.
R—In the case of an emergency involving imminent danger to public health, safety or welfare, the
town may authorize the immediate removal of any beetle infest diseased trees and/or
wildfire fuels without notice or an abatement order.
IH. The owner shall be assessed twice the whole cost of removal of the beetle inf ste diseased
trees and/or ^� wildfire fuels from the subject property, including administrative fees. If all
costs and charges incurred by the town are not paid within thirty (30) days from the date of the
v MV- -
R—In the case of an emergency involving imminent danger to public health, safety or welfare, the
town may authorize the immediate removal of any beetle infest diseased trees and/or
wildfire fuels without notice or an abatement order.
IH. The owner shall be assessed twice the whole cost of removal of the beetle inf ste diseased
trees and/or ^� wildfire fuels from the subject property, including administrative fees. If all
costs and charges incurred by the town are not paid within thirty (30) days from the date of the
assessment, the unpaid costs shall be certified to the Eagle County treasurer for collection in the
same manner as real property taxes. (Ord. 23(2007) § 2)
5-11-6: PERMIT FOR REMOVAL OF BEETLE INFE T-EDDISEASED TREES AND
WILDFIRE FUELS: C 0
A design review application for a permit must be filed with the town of Vail community
development department by any owner at: ersrsWa-Ht desiring to remove one or more €
;diseased trees or other , 4ld- t:e fate's from his or her property. There shall be no
application fee for the permit. The application shall contain a written narrative describing the
type, size, quantity and general location of the beetle i4est diseased trees and/or wildfire fuels
proposed to be removed. The direeterTown may perform a site visit prior to taking any action on
permit application. (Ord. 23(2007) § 2)
5-11-7: UNLAWFUL ACTS: It 0
A. It shall be unlawful to fail or refuse to remove all beetle it fest diseased trees
and/ori wildfire fuels from their property within the time period provided for in a notice of
violation sent by the direeterTown pursuant to section 5-11-4 of this chapter.
B. It shall be unlawful for an owner or landowner to deny the d4eeterTown access to
their property if the direeterTown presents an inspection warrant or abatement order issued
pursuant to this chapter.
C. It shall be unlawful to sell, expose for sale, offer for sale, transfer, give away or
offer to give away any tree or part of a tree which is, at the time of the transfer, infested/ infected
with an insect or disease restricted by local, state or federal regulations.
(Ord. 23(2007) § 2)
5-11-8: VIOLATION; PENALTY:
Any person convicted of violating any of the provisions of this chapter shall be punished as
provided in section 1-4-1 of this code; provided, that each separate act in violation of the
provisions of this chapter, or each and every day or portion thereof during which any separate act
in violation of this chapter is committed, continued, or permitted, shall be deemed a separate
offense. (Ord. 23(2007) § 2)
14-10-5: BUILDING MATERIALS AND DESIGN:0
The Town of Vail 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.
A. The use of ignition resistant building materials and designs intended to prevent
the spread of fire are highly encouraged. Refer to Vail Fire and Emergency Services Ignition
Resistant Materials and Construction guide for specific products and construction
methods. Predominantly natural building materials shall be used within the town of Vail. 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 Vail; and
4. That the material is noncombustible or aids in the prevention of fires.
B. The same or similar building materials and colors shall be used on main structures and any
accessory structures upon the site.
C. 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.
D. 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.
E. 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.
F. 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 fibeFglass GhiRgles, wheR permitted, shall Weigh RG less thap three
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 saete
GGmpliaRGereplace the roof covering as follows:
.. 0. --;,- A -A KA..;..,+------- +..,--4-., F;.,.. v,..r..--4- /7F01\ ...- w,.. r.. -4:4-k-
0
-&a.. 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.
fib.. Two -Family Structures: Upon reroofing one side of a two-family dwelling, the other side
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.
Ad Name: 12167546A
PLANNING AND ENVIRONMENTAL
COMMISSION June 13, 2016, 12:00 PM
Customer: TOWN OF VAIL/PLAN DEPT/COMM
Town il,holorad
VailgeRoad
- Va
75 S. Frontage Road -Vail, Colorado, 81657
Your account number is- 1 OP2P 33
Vail Daily
1 Call Order
PEC Training
aining - GRFA -Matt Panfil - 60 min.
2.A request for review of an Employee Housing
PROOF OF PUBLICATION
Plan, pursuant to Section 12-24-8, Administration,
Inclusionary Zoning, Vail Town Code, to allow for
an Off Site Employee Housing Unit, an exception to
the on-site requirement, and Fees in Lieu to meet
STATE OF COLORADO }
the Inclusionary Zoning requirement for the rede-
velopment of the residences located at 303 Gore
Creek Drive Units 9 & 10/Lots 9 & 10, Block 5, Vail
1SS
Village Filing 1, and setting forth details in regard
II
thereto. (PEC16-0022)- 30 min.
COUNTY OF EAGLE }
Applicant:Sun Up Trust and Christopher B. Galvin
Revocable Trust, represented by Mauriello Plan-
ning Group
Planner: Alan Nazzaro, Housing Manager
I, Mark Wurzer, do solemnly swear that I am a qualified
3.Firewise Town Code Amendments - 60 min.
representative ofthe Vail Daily. That the same Daily newspaper
Applicant:Town of Vail, represented by Paul Cada
Planner:Jonathan Spence
printed, in whole or in part and published in the County
4.A request for final review of a Development Plan,
of Ea le, State of Colorado, and has a general circulation
g
pursuant to Section 12-61-11, Vail Town Code, to
allow for the future development of Employee
therein; that said newspaper has been published continuously
Housing Units on the Chamonix parcel located at
2310 Chamonix Road, Parcel B, Resubdivision of
Tract D, Vail Das Schone Filing 1, and setting forth
and uninterruptedly in said County of Eagle for a period of
details in regard thereto. (PEC150019) - 5 min.
more than fifty-two consecutive weeks next prior to the first
Table to July 11, 2016
Applicant:Town of Vail Community Development
publication of the annexed legal notice or advertisement and
Department
Planner:George Ruther
that said newspaper has published the requested legal notice
q g
5.Approval of Minutes
May 23, 2016 PEC Meeting Results
and advertisement as requested.
6. Informational Update
7.Adjournment
The Vail Daily is an accepted legal advertising medium,
The applications and information about the propos-
als are available for public inspection during regu-
only for jurisdictions operating under Colorado's Home
lar office hours at the Town of Vail Community De -
velopment Department, 75 South Frontage Road.
The public is invited to attend the project orienta-
Rulerovision.
tion and the site visits that precede the public
1�
hearing in the Town of Vail Community Develop-
ment Department. Times and order of items are
approximate, subject to change, and cannot be re-
That the annexed legal notice or advertisement was
lied upon to determine at what time the Planning
and Environmental Commission will consider an
published in the regular and entire issue of every
item. Please call (970) 479-2138 for additional in -
formation. Sign language interpretation is available
number of said daily newspaper for the period of 1
upon request with 48-hour notification. Please call
(970) 479-2356, Telecommunication Device for the
Deaf (TDD), for information.
consecutive insertions; and that the first publication of said
notice was in the issue of said newspaper dated 6/10/2016 and
Community Development Department
lished in the Vail Daily June 10, 2016
(121167546)
that the last publication of said notice was dated 6/10/2016 in
the issue of said newspaper.
In witness whereof, I have here unto set my hand this day,
09/23/2016.
General Man ager/Publisher/Editor
Vail Daily
Subscribed and sworn to before me, a notary public in and for
the County of Eagle, State of Colorado this day 09/23/2016.
� 2M 4, & 9. -V-�
Pamela J. Schultz, Notary Public
My Commission expires: November 1, 2019
Ad Name: 12137322A
Customer: TOWN OF VAIL/PLAN DEPT/COMM
Your account number is- 1 OP2P 33
Vail Daily
PROOF OF PUBLICATION
STATE OF COLORADO }
}SS.
COUNTY OF EAGLE }
I, Don Rogers, do solemnly swear that I am a qualified
representative ofthe Vail Daily. That the same Daily newspaper
printed, in whole or in part and published in the County
of Eagle, State of Colorado, and has a general circulation
therein; that said newspaper has been published continuously
and uninterruptedly in said County of Eagle for a period of
more than fifty-two consecutive weeks next prior to the first
publication of the annexed legal notice or advertisement and
that said newspaper has published the requested legal notice
and advertisement as requested.
The Vail Daily is an accepted legal advertising medium,
only for jurisdictions operating under Colorado's Home
Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every
number of said daily newspaper for the period of 1
consecutive insertions; and that the first publication of said
notice was in the issue of said newspaper dated 5/27/2016 and
that the last publication of said notice was dated 5/27/2016 in
the issue of said newspaper.
In witness whereof, I have here unto set my hand this day,
06/02/2016.
General Man ager/Publisher/Editor
Vail Daily
Subscribed and sworn to before me, a notary public in and for
the County of Eagle, State of Colorado this day 06/02/2016.
� 2M 4, & 9. -V-�
Pamela J. Schultz, Notary Public
My Commission expires: November 1, 2019
Nx �
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning and
Environmental Commission of the Town of Vail will
hold a public hearing in accordance with section
12-3-6, Vail Town Code, on June 13, 2016at 1:00
pm in the Town of Vail Municipal Building.
A request for review of an Employee Housing Plan,
pursuant to Section 12-24-8, Administration, Inclu-
sionary Zoning, Vail Town Code, to allow for an Off
Site Employee Housing Unit, an exception to the
on-site requirement, and Fees in Lieu to meet the
Inclusionary Zoning requirement for the redevel-
opment of the residences located at 303 Gore
Creek Drive Units 9 & 10/Lots 9 & 10, Block 5, Vail
Village Filing 1, and setting forth details in regard
thereto. (PEC16-0022)
Applicants: Sun Up Trust and Christopher B. Galvin
Revocable Trust, represented by Mauriello Plan-
ning Group
Planner: Alan Nazzaro, Housing Manager
The applications and information about the propos-
als are available for public inspection during office
hours at the Town of Vail Community Develop-
ment Department, 75 South Frontage Road. The
public is invited to attend site visits. Please call
970-479-2138 for additional information.
Sign language interpretation is available upon re-
quest, with 24-hour notification. Please call
970-479-2356, Telephone for the Hearing Im-
paired, for information.
Published May 27, 2016 in the Vail Daily.
(12137322)