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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. 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(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 N =*IN[* WWI - Alm ng Plan 8 lea uest 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. 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Ems') m U'w p a) n m °��� axi co LL o c E m° 0 O- U �- co c p Eno coo in > 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)