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HomeMy WebLinkAbout2019-12-03 Agenda and Supporting Documentation Town Council Evening Meeting Agenda VAIL TO W N C O U N C IL R E G U L AR ME E TIN G Evening Agenda Town Council C hambers 6:00 P M, December 3, 2019 R E V ISED Notes: Times of items are approximate, subject to c hange, and cannot be relied upon to determine what time C ounc il will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community conc ern, and any items that are not on the agenda. Please attempt to keep c omments to three minutes; time limits established are to provide efficienc y in the c onduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1.Citizen Participation (10 min.) 2.Proclamations 2.1.Proclamation No. 12, Series of 2019, A Proclamation Declaring December 12, 2019, as "W hoVail Day" 10 min. Presenter(s): Meredith Macfarlane, General Manager Four Seasons Resort and Residences Vail and J onathan Reap, Director of Public Relations and Communications Four Seasons Resort and Residences Vail Action Requested of Council: 3.Appointments for Boards and Commissions 3.1.Planning and Environmental Commission (P E C) Appointment 5 min. Presenter(s): Dave Chapin, Mayor Action Requested of Council: Motion to appoint one member to the Planning and Environmental Commission (P E C) for a partial term ending March 31, 2020. 4.Any action as a result of executive session 5.Town Manager Report (5 min.) 6.Action Items 6.1.Ordinance No. 20, Series 2019, First Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Marketing Fund, Dispatch Services Fund, Heavy Equipment Fund 45 min. Presenter(s): Carlie Smith,Financial Service Manager Action Requested of Council: Approve or approve with amendments Ordinance No. 20, Series 2019 December 3, 2019 - Page 1 of 205 Background: Please see attached memo. Staff Recommendation: Approve or approve with amendments Ordinance No. 20, Series 2019 6.2.Ordinance No. 19, Series of 2019, First Reading: Amendments to Title 10, Title 12 and Title 14 of the Town of Vail Code Related to W ildland Urban I nterface Building Construction and Landscaping. 10 Min. Presenter(s): Mark Novak, Fire Chief; Paul Cada, W ildland Program Manger. Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 19, Series of 2019, upon first reading. Background: The applicant, the Town of Vail is proposing to amend Title 10, Title 12 and Title 14 of the Town of Vail Code to increase ignition resistance of new construction and landscaping. Staff Recommendation: Approve on first reading Ordinance No. 19, Series of 2019. 6.3.This item was added to the agenda on December 2, 2019. Ordinance No. 22, Series of 2019, First Reading, An Ordinance Amending Section 4-3-3- 2 of the Vail Town Code to I mpose a Special Sales Tax on Cigarettes, Tobacco Products and Nicotine Products at the Rate of 15 cents Per Cigarette Sold or $3.00 Per PAck of 20 Cigarettes Sold and 40% on the Price Paid for the Purchase of all Other Tobacco Products and Nicotine Products, Starting on J anuary 1, 2020 10 min. Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 22, Series of 2019 upon first reading Background: On November 5th the Vail voters approved Ballot I ssue No. 1, authorizing the imposition of a special sales tax on cigarettes, tobacco products and nicotine products beginning J anuary 1, 2020. Ordianance No. 22, Series of 2019 implements the collection of that tax. Staff Recommendation: Approve Ordinance No. 22, Series of 2019 upon first reading 7.Public Hearings 7.1.Ordinance No. 17, Series 2019, Second reading, Ordinance providing for the levy assessment and collection of the town property taxes due for the 2019 year and payable in the 2020 fiscal year 5 min. Presenter(s): Carlie Smith, Financial Services Manager Action Requested of Council: Approve or approve with amendments Ordinance No. 17, Series 2019. Background: The town is required by Colorado state law to certify the mill levy by December 15th of each year. Staff Recommendation: Approve or approve with amendments Ordinance No. 17, Series 2019. 7.2.Second reading of Ordinance No. 18, Series of 2019, an ordinance to allow for the rezoning of a portion of 2399 North Frontage Road W est, Parcel A, a resubdivision of Tract D, Vail Das Schone Filing 1 from the General Use (GU) District to the Housing (H) District and setting forth details in regard thereto. 10 min. Presenter(s): J onathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 18, Series of 2019, upon second December 3, 2019 - Page 2 of 205 reading. Background: The applicant, the Town of Vail, is proposing to rezone a portion of the West Vail Fire Station parcel from General Use (GU) to Housing (H) in order to facilitate the creation of a site for future development. Staff Recommendation: The Vail town Council approved Ordinance No. 18, Series of 2019, unanimously on first reading on November 19, 2019. 8.Adjournment 8.1.Adjournment 7:40 pm (estimate) Meeting agendas and materials can be acc es s ed prior to meeting day on the Town of Vail webs ite www.vailgov.com. All town c ouncil meetings will be streamed live by High F ive Ac cess Media and available for public viewing as the meeting is happening. T he meeting videos are als o posted to High F ive Ac cess Media website the week following meeting day, www.highfivemedia.org. P leas e c all 970-479-2136 for additional information. S ign language interpretation is available upon reques t with 48 hour notification dial 711. December 3, 2019 - Page 3 of 205 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Proclamation No. 12, S eries of 2019, A P roclamation Declaring December 12, 2019, as "W hoVail Day" P RE S E NT E R(S ): Meredith Macfarlane, General Manager Four Seasons Resort and Residences Vail and J onathan Reap, Director of Public Relations and Communications F our S easons Resort and Residences Vail AC T IO N RE Q UE S T E D O F C O UNC I L: AT TAC H ME N TS: Description Proclamation No. 12, Series of 2019 December 3, 2019 - Page 4 of 205 Proclamation No. 12, Series of 2019 A Proclamation Declaring December 12, 2019, as “WhoVail Day”! WHEREAS, this holiday season there will be a new twist to the story “How the Grinch Stole Christmas,” in that this season it’s not Whoville, it’s WhoVAIL! WHEREAS, Four Seasons Resort and Residences Vail will unveil a life-size Dr. Seuss’ Whoville-inspired gingerbread house, as part of its holiday offerings for children and their families. The giant gingerbread house combined efforts from their staff and children from the community; WHEREAS, the gingerbread house measures 140 square feet with over 1,500 gingerbread tiles and features an entrance through which children can enter, built in- house by master carpenter Frank Bontempo; WHEREAS, the gingerbread tiles inside will be made by the Resort’s Pastry team led by executive chef Marco Fossati, and decorated by the pastry team of Four Seasons Resort and Residences Vail with a guest appearance from The Grinch and Fizzy Bruno starring as the Grinch’s dog Max; WHEREAS, the local Vail Mountain School presents its student choir who will perform holiday carols for all to enjoy as part of the celebration; WHEREAS, the giant gingerbread house will be unveiled on Thursday, December 12th, 2019 at 4pm, at the Four Seasons Resort located at One Vail Road, symbolizing the beginning of the holiday season and providing an opportunity for all the community to come and enjoy; NOW, THEREFORE, BE IT PROCLAIMED by Mayor Dave Chapin and the Town Council of the Town of Vail, Colorado, that Thursday, December 12, 2019, will be recognized as “WHOVAIL Day” to be celebrated by all who in live and visit our community, Vail, Colorado. Dated this 3rd day of December 2019. Vail Town Council Attest: __________________________ Dave Chapin, Mayor Tammy Nagel, Town Clerk December 3, 2019 - Page 5 of 205 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Planning and Environmental Commission (P E C) Appointment P RE S E NT E R(S ): Dave Chapin, Mayor AC T IO N RE Q UE S T E D O F C O UNC I L: Motion to appoint one member to the P lanning and E nvironmental Commission (P E C) for a partial term ending March 31, 2020. December 3, 2019 - Page 6 of 205 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Ordinance No. 20, Series 2019, First Reading, A n Ordinance Making A djustments to the Town of Vail General F und, Capital Projects F und, Housing Fund, Real Estate Transfer Tax F und, Marketing Fund, Dispatch S ervices Fund, Heavy E quipment F und P RE S E NT E R(S ): Carlie Smith,F inancial Service Manager AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove or approve with amendments Ordinance No. 20, S eries 2019 B AC K G RO UND: P lease see attached memo. S TAF F RE C O M M E ND AT IO N: A pprove or approve with amendments Ordinance No. 20, S eries 2019 AT TAC H ME N TS: Description 2019 2nd Budget Supp December 3, 2019 - Page 7 of 205 TO: Vail Town Council FROM: Finance Department DATE: December 3, 2019 SUBJECT: 2019 Budget Supplemental Appropriation I. SUMMARY In Tuesday evening’s session, you will be asked to approve the first reading of Ordinance No. 20, Series 2019, the second supplemental appropriation of the 2019 budget. II.DISCUSSION Historically staff has presented Council with three budget supplements each year. During the 2019 budget process it was decided to only present two budget supplementals for 2019. The first budget supplemental occurred in April. Since then, Council has approved funding for numerous projects and programs. This supplemental budgets for “catch-up” expenditures from these earlier decisions by Council. Staff recommends returning to a policy of three supplements per year in order to maintain an up to date budget and reflect Council’s decisions in a more timely manner. Across all funds, this supplemental request will adjust the budget to reflect $3,506,699 of additional revenue and proposes an increase of $8,116,696 to expenditures. The fund statements are also attached. General Fund Budgeted revenue will be adjusted by an increase of $213,000. $21,000 of this reflects an increase in the VRA management fee, a 2% administration fee paid to the General Fund by the Vail Reinvestment Authority (VRA). The fee increase corresponds with increased property tax collections in the Lionshead TIF district compared to budget. The remaining $192,000 of revenue adjustments will be directly offset by corresponding expenditures: •A total of $49,421 in reimbursements for deployment to five separate wildfires, with $44,671 of that covering the town’s personnel and travel costs for those incidents and $4,751 for the use of town vehicles and equipment during wildfire deployment. •$19,873 of state funding for the Northwest Incident Management Team exercise that occurred in May in Keystone, CO. •$20,391 of state funding for the Northwest Incident Management Team state conference held in Vail, CO in September. December 3, 2019 - Page 8 of 205 - 2 - • $10,215 state reimbursement for the Northwest Incident Management Team’s participation in a missing person’s search in Garfield County. • $6,336 state reimbursement from the Peace Officers Standards and Training Council (POST) for three officers to attend an I-70 officer training. • $24,878 reimbursement for contracted police overtime by other agencies and organizations. • $2,040 for utilities and condo dues, offset by rental income for the new Homestake employee housing unit purchased in July. • $26,920 use of Friends of the Library donations for the 35th Anniversary Friends Of the Library Champagne Celebration ($10,700), Join Us Book Bags ($4,000) along with Library programming including One Book, One Valley ($8,600), a summer lecture series with Betty Ford Alpine Gardens ($1,500), Raising A Reader ($1,370), and a Literacy Project Bench ($750). • $19,925 use of Friends of the Library donations to offset operating expenses including digital archiving for historical preservation, marketing expenditures, Early Literacy computer station used for Pre-K learners, and increased interlibrary loan services. • $4,500 state library grant used towards children’s library services and programs. • $7,500 in sponsorships from local business including Vail Health, Alpine Bank, Triumph, and Hoffman Parker, and Wilson for the Local Summit Housing hosted in Vail, CO in February, used to offset direct expenses $279,175 of requested expenditures relates to “catch-up” for the budget for items previously approved by Council: • $120,000 to be transferred to the Marketing Fund for the new “Revely Vail” events. • $10,500 for Prima Vail Guest Experience Training Curriculum. • $19,000 for Prima Vail Employee Engagement Program • $114,675 in personnel expenditures for extending summer bus service. Extended summer bus service was a pilot program during 2017 and 2018. This was approved by Council as ongoing summer bus operations going forward. • $68,000 to true-up the actual costs of Civic Center master plan to be offset by savings in the West Vail master plan. The additional costs are the result of requests for additional community surveys and town council meetings. $131,476 is for new requests which includes: • $15,000 transfer to the Marketing Fund for Vail Holidays. Vail Holidays has traditionally been funded by the Commission on Special Events (CSE). At the time of the 2019 funding allocation meetings, an event producer had been not identified to produce this event. A total of $10,000 was allocated as a placeholder. The town then decided to produce this event internally with the Donovan Pavilion Management Company. The total cost of this event is $25,000, consistent with the prior year CSE funding for this event. • $15,000 for a winter event intercept study (guest satisfaction measurement survey). This winter survey will mirror the summer intercept studies funded by the Vail Local Marketing District and provides a year-round look at guest satisfaction. • $30,000 of Fire Department overtime due to several long-term disability and medical leaves. Please see attached memo for more detail. • $15,330 of police officer field training (FTO) pay above and beyond the annual budget due to high turnover in the police department at the end of 2018 and early 2019. Since June 2019, the Police department has been fully staffed. • $28,300 in seasonal salaries at the library due to increased programming ; digital archiving and historical preservation initiatives. Staff is currently analyzing the library staffing structure and reviewing the needs of the department. December 3, 2019 - Page 9 of 205 - 3 - • $31,846 in repair and insurance expenditures relating to bus accidents. • $11,000 for the Après Vail event kick-off and Vail Après bell purchase Staff is also requesting to use $10,000 of IT department salary savings to contract for website maintenance for the remainder of 2019. Town of Vail website maintenance and development was performed internally however due to turnover within the department and increased organizational website needs staff is looking to contract website maintenance and development in the future. These adjustments to the General Fund 2019 budget result in a net decrease of $390,503 with a resulting fund balance of $32.1 million by the end of 2019, or 78% of annual revenues. Capital Projects Fund Budgeted revenue will be adjusted by a total of $1,273,700. Of that, $300,000 reflects an increase in Construction Use Tax collections that exceed the budget for 2019. Total year to date collections total $2.5M compared to an annual budget of $2.2M. Budgeted revenues are also increased to reflect $895,000 from the sales of the Chamonix lot. The remaining $78,700 of revenue includes $58,700 reimbursement from Eagle River Water and Sanitation for the Bridge Road Bridge reconstruction and $20,000 reimbursement from the Vail Trail condo association to connect the Vail Trail sidewalk on Vail Valley Drive. Staff is requesting to supplement 2019 expenditures by a total of $5,319,365. The majority of this request is “catch-up” expenditures previously approved by Council. This includes $3.8M for a reconstruction of the Public Works Streets building approved by Council on July 1st. The increased funding will allow for future vertical expansion (two additional stories) of the streets building. This also includes $24,106 of selling costs for the Vail Village Inn (VVI) unit sold in April and $10,000 of additional funding for the Vail Trail sidewalk connection on Vail Valley Drive. This contract was approved by Council in the amount of $95,000 and is offset by the contribution from the homeowner’s association mentioned above. Staff is requesting $150,000 investment in electrical infrastructure for four new level 3 ChargePoint car charging stations to be installed in the Lionshead Parking structure located in the 30 min short-term parking area. The electrical infrastructure would provide enough power for eight level 3 car charging stations allowing for future growth as the market for electric vehicles increases. Level 3 charging stations can charge an electrical vehicle in 30 minutes as opposed to the other town owned charging stations which take up to 2 to 3 hours to fully charge a vehicle. The 2019 budget currently includes $73.8K towards this project. The Colorado Energy Office will be contributing $380,000 in grant funding for equipment. In addition, Charge Point is contributing $30,000 and Holy Cross has agreed to provide the transformer needed for the electrical upgrades. The charging station would be scheduled to be installed in April 2020. Staff will provide additional updates to Council and agreements to accept the donated equipment as well as ongoing revenue and maintenance contracts. Staff is requesting to use savings of $142,000 from Facilities Capital Maintenance budget dollars to be used towards major structural repairs in the Vail Village parking structure that were discovered during a recent inspection. Staff is also requesting to use savings of $2,000 from the software licensing budget to cover webpage maintenance expenses. At the time of the sale of the VVI unit, Council approved allocating those dollars to the Housing Fund. Included in this supplemental is a transfer of $1,525,259 (amount of net proceeds from that sale) to the Housing Fund. Staff is requesting that these funds be used towards the InDEED program. Separately, the supplemental accounts for a reduction in the transfer of $195,000 to December 3, 2019 - Page 10 of 205 - 4 - reflect the decrease in units purchased at the new Solar Vail housing development. The town purchased 62 deed restrictions, a reduction from the 65 originally planned. The reduction was at the request of the developer and agreed to by Town Council. The funds for the Solar Vail deed restrictions purchased by the town was originally funded by the Capital Projects Fund therefore funds will revert back to that source of funding. The net transfer amount from the Capital Projects Fund to the Housing Fund totals $1,330,259. On December 15th, staff will give an updated presentation on the new data center at the West Vail fire station. The update will include revised cost estimates based on recent bids. This will result in an increase in the total project budget and will be proposed in the 2nd reading of the budget supplemental ordinance. The proposed budget adjustments will result in an estimated fund balance of $16.5 million by the end of 2019. Housing Fund Budgeted revenue will be increased by $421,032 to reflect Employee Housing Fee in Lieu collections during 2019. The Housing Fee in Lieu collections are restricted for use toward the “buy-down” of employee housing. A coinciding increase to the Buy-Down program expense budget will preserve those funds for that use. Of these buy-down funds, $335,000 will go towards the purchase of Vail View Dr. Unit B212 approved by Council on June 18th while the remaining $86,032 will be preserved for future housing purchases. The Housing Fund also reflects a change in the transfer from the Capital Projects Fund as detailed above under Capital Project Fund. In total a net transfer of $1,330,259 will be reflected as revenue to the Housing Fund. Real Estate Transfer Tax (RETT) Fund Budgeted revenue will be adjusted by an increase $252,958 which will directly be offset by corresponding expenditures: • $167,589 state grant from the Colorado Department of Health and Environment and $20,000 reimbursement from the Grand Hyatt (formally the Hotel Talisa) for stormwater filtration improvements and upgrades on Westhaven Drive. This project, along with the grant funding was approved by Council on August 6th. Untreated storm water has been identified in the Gore Creek Strategic Action Plan as one of three main causes of Gore Creek impairment. This project will filter and treat storm water from the Grand Hyatt complex, Westhaven Drive, and portions of I-70. • $20,000 reimbursement from Vail Resorts for the design of the Gore Valley Trail Realignment in Lionshead. In addition, staff is also requesting to use $16,861 for design work on this project from savings identified in the recreation path maintenance budgete. The total design fee of $86,861 was approved by Council on November 4th. • $20,000 donation from Doe Browning to be used towards the 2019 Winterfest art installations. • $1,255 recognition of donations from First Bank and East West Resorts for Sole Power prizes. The remaining $13,962 is requested for a final 2018 Energy Efficiency programing invoice received late in 2019. Staff is also requesting to use savings of $5,364 from the Ford Park Fields budget to be used towards the pilot turf grass reduction project at Buffher Creek. December 3, 2019 - Page 11 of 205 - 5 - The proposed budget adjustments will result in an estimated fund balance of $3,726,874 by the end of 2019. Marketing Fund Staff also proposes to increase budgeted revenue by a $135,000 transfer from the General Fund to be offset by corresponding expenditures. This includes $120,000 for Revely Vail events and $15,000 for Vail Holidays. The proposed budget adjustments will result in an estimated fund balance of $274,288 by the end of 2019. Dispatch Services Fund and Heavy Equipment Fund The supplemental budget requests reflect the transfer of salary dollars from the General Fund and corresponding expenditures in Dispatch Services ($15,750) and Heavy Equipment Fund ($4,867) for market adjustments to wages as included in the original 2019 budget process. The entire amount of market adjustments were budgeted in the General Fund, however some of the impacted employees are paid from these internal services funds. III. ACTION REQUESTED FROM COUNCIL Approve or approve with amendments Ordinance No. 20, Series 2019 upon first reading. December 3, 2019 - Page 12 of 205 To: Kathleen Halloran, Finance Director From: Mark Novak, Fire Chief Date: November 19, 2019 Subject: FY 2019 Supplemental I. Purpose: The purpose of this memo is to request a supplemental appropriation to account 001- 3210-1100 (overtime) to account for actual and expected overtime expenses in FY 2019 II.Background In FY line item 001-3210-1100 was funded in the amount of $496,201. Based upon overtime expenditures to date, it is expected that this amount will be exceed by approximately $30,000. This overage is attributable to several long term injuries/illnesses experienced by fire department employees. In total the fire department had 4 employees on long term injury/illness leave (greater than 30 days). The longest period of injury leave by an employee was 9 months, which resulted in 2184 hours of overtime. Cumulatively this resulted in 4884 hours of unanticipated overtime hours. The cost of this coverage was approximately $190,000. Salary savings due to the lost time status of these employees was not sufficient to achieve any meaningful salary savings to offset these costs. In addition, an over-hire was authorized to offset overtime costs, however this employee struggled with the onboarding process and training and left the organization before he was able to be used in the staffing plan to offset overtime. A number of measures have been implemented to minimize overtime expenses. These measures include a reduction of overtime associated with training and the frequent use of personnel in “acting” positions. III.Staff Recommendation Include a supplemental appropriation of $30,000 for account 001-3210-1100 in the final FY 2019 budget supplemental. Attachment A December 3, 2019 - Page 13 of 205 2019 1st 2019 2nd 2019Budget Supplemental Amended Supplemental AmendedRevenueLocal Taxes:27,080,000$ 27,080,000$ 27,080,000$ Sales Tax Split b/t Gen'l Fund & Capital Fund 62/38 62/38 62/38 Sales Tax 16,790,000 16,790,000 16,790,000 Property and Ownership 5,300,000 5,300,000 5,300,000 Ski Lift Tax 5,025,000 5,025,000 5,025,000 Franchise Fees, Penalties, and Other Taxes 1,142,925 1,142,925 1,142,925 Licenses & Permits2,343,328 2,343,328 2,343,328 Intergovernmental Revenue 1,977,104 25,434 2,002,538 106,237 2,108,775 $6.3K state scholarship for I-70 PD officer training; $19.8K state reimbursement for NWIMT training; $10.2K state reimbursement for MWIMT missing persons search; $20.9K state reimbursement for NWIMT conference; $49.4K state reimbursements for wildfire deploymentsTransportation Centers 5,426,000 5,426,000 5,426,000 Charges for Services 1,016,123 1,016,123 45,878 1,062,001 $21K increase in VRA mgmt. fee; $24.9K contracted PD OT; Fines & Forfeitures 245,563 245,563 245,563 Earnings on Investments 200,000 200,000 200,000 Rental Revenue 1,092,352 10,500 1,102,852 2,040 1,104,892 $2K Homestake rental income Miscellaneous and Project Reimbursements 254,000 6,900 260,900 58,845 319,745 $7.5K sponsorships for hosting the Housing Summit; $51.3K use of friends money for library programs and operations Total Revenue 40,812,395 42,834 40,855,229 213,000 41,068,229 ExpendituresSalaries 19,319,540 92,682 19,412,222 244,261 19,656,483 Transfer $44.7K to RETT, Dispatch, HEF as result of compensation study; $30K fire overtime; $4.1K state reimbursement for NWIMT training; $6.1K state reimbursement for missing person search; $15.3K PD training pay; $24.9K PD contracted OT; $30.8K state reimbursement for wildfire deployment; $114.7K summer bus service; $10K use of IT salary savings to contract website maintenanceBenefits 7,408,946 21,083 7,430,029 16,418 7,446,447 $4.1K state reimbursement for NWIMT missing persons search; $12.3K state reimbursement for wildfire deployment Subtotal Compensation and Benefits 26,728,486 113,765 26,842,251 260,679 27,102,930 Contributions and Welcome Centers 285,695 20,000 305,695 305,695 TOWN OF VAIL 2019 PROPSED AMENDED BUDGET SUPPLEMENTALSUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCEGENERAL FUND 6December 3, 2019 - Page 14 of 205 All Other Operating Expenses 8,122,932 167,290 8,290,222 207,824 8,498,046 $7.5K to host Housing Summit; $6.3K state scholarship for I-70 PD officer training; $15.1K state reimbursement for NWIMT training; $20.9K state reimbursement for NWIMT conference; $6.3K state reimbursements for wildfire deployments; $31.8K repair and insurance relating to bus accidents; $3.5K Homestake utilities and rental dues; $10K website maint contract; $10.5K community guest experience; $19K employee engagement; $15K Winter Intercept Study; $11K Vail Après and bell ringing; $19.9K library operations and $31.4K library programming using Friends of the Library fundsHeavy Equipment Operating Charges 2,497,629 2,497,629 2,497,629 Heavy Equipment Replacement Charges 755,279 755,279 755,279 Dispatch Services 669,590 669,590 669,590 Total Expenditures 39,059,611 301,055 39,360,666 468,503 39,829,169 Transfer to Marketing & Special Events Fund (2,357,788) (50,000) (2,407,788) (135,000) (2,542,788) $120K Revely Vail event; $15K Vail Holiday Transfer to Other Funds- - (44,731) (44,731) Revenue Over (Under) Expenditures (605,004) (308,221) (913,225) (435,234) (1,348,459) Planning ProjectsCivic Area/Dobson Master Plan (250,000) (250,000) (68,000) (318,000) Use of West Vail Master plan savings for Civic Area contract West Vail Master Plan (200,000) (200,000) 68,000 (132,000) Use of West Vail Master plan savings for Civic Area contract Total Expenditures 41,867,399 351,055 42,218,454 603,503 42,821,957 Surplus (Deficit) Net of Transfers & New Programs (1,055,004) (308,221) (1,363,225) (390,503) (1,753,728) Beginning Fund Balance 28,813,182 5,074,958 33,888,140 33,888,140 Ending Fund Balance 27,758,178$ 32,524,915$ 32,134,412$ As % of Annual Revenues68% 80% 78%EHOP balance included in ending fund balance - not spendable 890,000$ 890,000$ 890,000$ 7December 3, 2019 - Page 15 of 205 2019 1st 2019 2nd 2019 Original Supplemental Amended Supplemental Amended Revenue Business Licenses 275,000$ -$ 275,000$ 275,000$ Transfer in from General Fund 2,357,788 50,000 2,407,788 135,000 2,542,788 Earnings on Investments 3,000 - 3,000 3,000 Total Revenue 2,635,788 50,000 2,685,788 135,000 2,820,788 Expenditures Commission on Special Events (CSE) 893,648 - 893,648 893,648 Education & Enrichment 151,500 - 151,500 151,500 Signature Events - Bravo! 289,661 - 289,661 289,661 Vail Jazz Festival 74,902 - 74,902 74,902 Vail Valley Foundation - Hot Summer Nights 27,500 - 27,500 27,500 Vail Valley Foundation - Dance Festival 53,562 - 53,562 53,562 Burton US Open 490,000 - 490,000 490,000 Snow Days 300,000 - 300,000 300,000 Spring Back to Vail 300,000 - 300,000 300,000 Global Solutions Forum - 50,000 50,000 50,000 Revely Vail - 120,000 120,000 Vail Holidays Additional Funding - - - 15,000 15,000 Fireworks 52,015 18,205 70,220 70,220 Collection Fee - General Fund 13,750 - 13,750 13,750 Total Expenditures 2,646,538 68,205 2,714,743 135,000 2,849,743 Revenue Over (Under) Expenditures (10,750) (18,205) (28,955) - (28,955) Beginning Fund Balance 220,107 83,135 303,243 303,243 Ending Fund Balance 209,357$ 274,288$ 274,288$ TOWN OF VAIL 2019 PROPOSED AMENDED BUDGET SUPPLEMENTAL SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE VAIL MARKETING & SPECIAL EVENTS FUND 8 December 3, 2019 - Page 16 of 205 2019 1st 2019 2nd 2019Original Supplemental Amended Supplemental AmendedRevenueTotal Sales Tax Revenue: 27,080,000$ -$ 27,080,000$ 27,080,000$ 2019 at 2.0% increase from 2018 forecast (5.1% increase from 2017 actuals) Sales Tax Split between General Fund & Capital Fund62/38 62/38 62/38Sales Tax - Capital Projects Fund 10,290,000$ -$ 10,290,000$ 10,290,000$ Use Tax 2,220,000 - 2,220,000 300,000 2,520,000 2019 based on two year average plus estimated for Lion View, Park Meadows, and Launch Projects; $300K increase in use tax based on actual collectionsFederal Grant Revenue 300,000 - 300,000 300,000 $300K in 2019 Federal grant reimbursement for Bridge Rd Bridge repairOther County Revenue - 47,228 47,228 47,228 $47.2K reimbursement from ERWSD for a sewer line at RSES parking structure (see corresponding reimbursement below) Other State Revenue - 168,000 168,000 168,000 $135K public works water quality grant; $33K grant for Police Intel Sharing platform- project expenditures included in the 2018 budget and re-appropriated below.Lease Revenue 164,067 - 164,067 164,067 Per Vail Commons commercial (incr. every 5 years); adjusted to remove residential lease revenue ($38K)Project Reimbursement 200,000 120,655 320,655 78,700 399,355 $58.7K reimbursement from Eagle River Water and Sanitation for Bridge Rd. Bridge; $20K Vail Trail condo association; reimbursement for sidewalk; $200K reimbursement from Holy Cross for 2019/2020 Big Horn Rd and Intermountain project; $20.7K traffic impact reimbursement for VVMC/Frontage Rd. project; $50K use of community enhancement funds for Liftside to Glen Lyon underground utility project; $50K additional use of traffic impact fees for VVMC/Frontage Rd (see corresponding expenditures below)Sale of Vail Village Inn Phase V Unit 2 - 1,547,000 1,547,000 1,547,000 Sale of Vail Village Inn Phase V Unit 2Timber Ridge Loan repayment 489,342 - 489,342 489,342 $28.5K interest on $1.9M loan to TR; Principal and interest on $8M loan to Timber Ridge FundEarnings on Investments and Other 115,201 - 115,201 895,000 1,010,201 0.7% rate assumed on available fund balance; $895K sale of Chamonix lotTotal Revenue 13,778,610 1,882,883 15,661,493 1,273,700 16,935,193 ExpendituresFacilitiesFacilities Capital Maintenance 393,000 276,662 669,662 (117,894) 551,768 In general this line item covers various repairs to town buildings including the upkeep of exterior (roofing, siding surfaces, windows, doors), interior finishes (paint, carpet, etc.), and mechanical equipment (boilers, air handlers, etc.). 2019: $142K transfer to parking maintance for parking structural repairs; $24.1K Vail VIllage Inn Phase II selling costs; TM residence upgrades including solar panels when replacing 40 year old roof and electrical car charger, Admin remodel, PD garage ventilation project ($276K); PW admin heated walkway repair ($50K), PW admin kitchen update ($15K), PW shops and bus barn maintenance including wood siding maintenance and exhaust system replacement ($130K), TM residence roof, skylight, and solar panel ($70K); Municipal Complex Maintenance 138,750 - 138,750 138,750 PD window replacement ($80K), PD circulation pump repairs and replacement ($15K), PD elevator drive controls ($44K); Welcome Center/Grandview Capital Maintenance - 100,000 100,000 100,000 $100K for final bills for Welcome Center and furniture replacement at the Grandview including sound panels and audio visual enhancements;Donovan Pavilion 5,000 - 5,000 5,000 Annual $5K Maintenance to repair HVACPublic Works Shops Expansion 8,000,000 13,406 8,013,406 3,805,000 11,818,406 Expansion and remodel of the Public Works shop complex as outlined in an updated public works master plan (previously completed in 1994). The plan will ensure shop expansions will meet the needs of the department and changing operations; 2019-2020: Phase I includes demo and reconstruction of a two story streets building; retaining wall construction, new cinder building, relocation of the green house building, and a vertical expansion allowance for future building options. $3.8M of additional funding was approved by Council on 7/2 to allow for future vertical expansion on the streets building. Public Works Building Maintenance - 300,000 300,000 300,000 Re-appropriate $300K to replace two HVAC units at Public WorksPublic Works Equipment Wash Down/WQ Improvements - 185,174 185,174 185,174 Improvements to exterior wash area for large trucks to include small heated area to prevent ice buildup (safety issue ) and filtration of waste water 8,536,750 875,242 9,411,992 3,687,106 13,099,098 TOWN OF VAIL 2019 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUND 9 December 3, 2019 - Page 17 of 205 2019 1st 2019 2nd 2019Original Supplemental Amended Supplemental AmendedTOWN OF VAIL 2019 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDParkingParking Structures 700,000 204,914 904,914 142,000 1,046,914 Various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing and other structural repairs; 2019: Re-appropriate for structural repairs to LHTRC, roofing repairs at VTRC, and elevator repairs; $142K transfer from Facilities Maintinace for parking structural repairsParking Entry System / Equipment 93,000 93,037 186,037 186,037 Spare parking system equipment including ticket creator, ticket processor, ticket feeder, circuit boards, power supply modules, print heads ($93K)Red Sandstone Parking Structure (VRA) - 2,614,596 2,614,596 2,614,596 Re-appropriate $2.6M to complete project including all landscaping and parking space monitoring system; Construction of 4 level parking structure at Red Sandstone Elementary school, with contributions from Vail Resorts ($4.3M) and Eagle County School District ($1.5M); Remainder to be reimbursed by VRALionshead Parking Structure Landscape Renovations (VRA) - 30,291 30,291 30,291 Re-appropriate to complete landscaping ($30.3K);Total Facilities793,000 2,942,838 3,735,838 142,000 3,877,838 TransportationBus Shelters 30,000 30,000 30,000 Bus shelter annual maintenance $30KReplace Buses - 265,024 265,024 265,024 $165K for spare bus part (included in original 2018 budget); Upgrade Nextbus transponders to 4G required for Nextbus software upgradeTraffic Impact Fee and Transportation Master Plan Updates - 30,000 30,000 30,000 $30K to update 20-year Transportation Master Plan to coincide with West Vail Master Plan and Civic Center Master PlanLionshead Express Bus Stop Improvements (VRA) - 25,000 25,000 25,000 Signage at Lionshead Express Bus StopHybrid Bus Battery Replacement - 388,716 388,716 388,716 Scheduled replacement placeholder; Estimated life of 6 years; While batteries are passed their lifecycle replacement has not been needed as of yet; Buses will be replaced in 2-3 yearsTotal Transportation30,000 708,740 738,740 - 738,740 Road and BridgesCapital Street Maintenance 1,225,000 - 1,225,000 1,225,000 On-going maintenance to roads and bridges including asphalt overlays, patching and repairs; culverts; 2022/2023 includes asphalt and mill overlay ($575K); 2024 includes surface seal ($190K); asphalt mill overlay ($565K)Street Light Improvements 75,000 - 75,000 75,000 Annual maintenance to street lights; LED light enhancementsSlifer Plaza/ Fountain/Storm Sewer - 1,484,329 1,484,329 1,484,329 Continue repairs to Silfer Plaza fountain reconstruction and storm sewers ($1.48M)Neighborhood Bridge Reconstruction 800,000 1,532,542 2,332,542 2,332,542 Bridge Road Bridge replacement ($1.7M), Lupine Bridge Repair ($350K)East Meadow Drive Snowmelt 750,000 - 750,000 750,000 Installation of snowmelt system ($750K)Vail Health / TOV Frontage Road improvements - 70,655 70,655 70,655 Complete design phase of Frontage Rd. improvements ($70.7K)Neighborhood Bridge Repair - 689,134 689,134 689,134 Kinnickinnick (West) Bridge Repair, West Forest Bridge Repair ($689,143); , Major Bridge Repair Projects are determined based on bi-annual bridge inspectionSeibert Fountain Improvements - 400,000 400,000 400,000 Fountain software system and valve upgrades at Seibert FountainMain Vail Roundabout 250,000 - 250,000 250,000 Main Vail Roundabout truck apronNeighborhood Road Reconstruction 400,000 - 400,000 400,000 East Vail major drainage improvements ($400K)Vail Trail Sidewalk Connection 85,000 - 85,000 10,000 95,000 Connect Vail sidewalk on Vail Valley Drive in front of Vail Trails Chalet complex; $10K additional per contract approved by Council on 8/6West Lionshead Circle Crosswalks (VRA) 250,000 250,000 250,000 Crosswalk at West Lionshead circle to be done in lieu of Vail Spa heated walkMill Creek Heated Walk 125,000 125,000 125,000 TOV portion of 50/50 shared project with homeowners for heated sidewalk at Kendell Park/Mill Creek ($125K). This project will be managed by the HOA at an estimated total cost of $150K. I-70 Underpass (VRA) - 492,990 492,990 492,990 The town's portion to complete and pay final bills for the I-70 underpassTotal Road and Bridge3,585,000 5,044,650 8,629,650 10,000 8,639,650 ContributionsChildren's Garden of Learning-Capital 32,500 - 32,500 32,500 Council contribution to build a fence around front yard.Vail Valley Foundation- Capital 55,000 - 55,000 55,000 Council Contribution towards installation of the video screen at the Ford Amphitheater 10 December 3, 2019 - Page 18 of 205 2019 1st 2019 2nd 2019Original Supplemental Amended Supplemental AmendedTOWN OF VAIL 2019 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDTotal Contributions87,500 - 87,500 87,500 TechnologyTown-wide camera system 70,000 - 70,000 70,000 2019 replace Bosch system(30 cameras); $22K Annual maintenanceAudio-Visual capital maintenance 18,000 - 18,000 18,000 $18K annual maintenance / replacement of audio-visual equipment in town buildings such as Donovan, Municipal building, Grand View, LH Welcome CenterDocument Imaging 30,000 - 30,000 30,000 Annual maintenance, software licensing, and replacement schedule for scanners and servers includes $2.5K for LaserficheSoftware Licensing 144,410 182,867 327,277 327,277 2019-2020: Upgrade Microsoft products on all equipment; renewal of licenses; $3K per year increase from original 5 year plan due to additional software products; 2019: virtual desktop replacement ($239K); Asset Mgmt. System ($75K); Asset Mgmt. annual maintenance and licensing agreement ($50K)Hardware Purchases 50,000 63,927 113,927 113,927 Replacement of 20-25 workstations per year per scheduleWebsite and e-commerce 12,000 - 12,000 12,000 Internet security & application interfaces; website maintenance $12K; Vail calendar $24K; domain hosting $15K; web camera streaming service $24KFiber Optics / Cabling Systems in Buildings 90,000 - 90,000 90,000 NWCOG Project THOR Broadband project Meet Me Center $75KNetwork upgrades 380,000 (350,000) 30,000 30,000 Computer network systems - replacement cycle every 3-5 yearsData Center (Computer Rooms) 2,033,000 240,043 2,273,043 2,273,043 2nd half of hyper-converged infrastructure (HCI) equipment $750K, Data Center remodel at Station 3 $1.2M, Cooling/UPS system upgrade for data center in Muni building $128K; Re-appropriate $40K to complete 1st phase of data center remodel includes $200K 10% contingency; Data Center equipment replacement and generator - 159,406 159,406 159,406 Final bills to replace data center server infrastructure; upgrade and replace emergency generator to increase capacity Thermal Imaging Cameras 12,000 - 12,000 12,000 For the purchase of 3 cameras which will allow firefighters to see through areas of smoke, darkness, or heat barriersBroadband (THOR) - 35,000 35,000 35,000 $35K for fiber from West Vail fire station to CDOT I-70 fiber connection for Project THORPhone System - 45,077 45,077 45,077 Final payment for phone system upgrade: ($32.2K), normal replacement of Ipads, Iphones ($13K)Bus Camera System 15,000 - 15,000 15,000 Installation of software and cameras in buses; 2019/20 annual capital maintenance of camera replacement, etc.Business Systems Replacement 30,000 142,334 172,334 172,334 Re-appropriate for sales tax software ($134K), and new bus scheduling software ($8K); $30K every other year for parking system upgradesTotal Technology2,884,410 518,654 3,403,064 - 3,403,064 Public SafetyPublic Safety System / Records Mgmt. System (RMS) 50,000 91,000 141,000 141,000 $50K Annual capital maintenance of "County-wide "Computer Aided Dispatch/Records Mgmt. System"; includes patrol car and fire truck laptops and software used to push information to TOV and other agencies; TOV portion of annual Intergraph software maintenance; 2019: Police Department Records Mgmt. system SQL licensing ($91K)Public Safety Equipment 39,643 33,000 72,643 72,643 Intel Sharing Platform ($33K) covered by grant; Speed Signs ($7.8K), Rifle noise suppressors ($23.1K), pole camera ($8.6K)Police patrol car cameras - 56,635 56,635 56,635 $56.6K for new PD patrol car cameras (last replaced in 2013).Fire Safety Equipment 59,000 - 59,000 59,000 Long Range acoustical device ($50K), personal protective equipment dryer ($9K)Extrication Equipment - 4,626 4,626 4,626 Re-appropriate for final billsEvent Equipment 77,892 - 77,892 77,892 Event trailer and moveable barricades to provide barriers for vehicle entry into event areasFire engine equipment - 20,024 20,024 20,024 Appropriate to complete purchases of necessary fire engine equipment to fully equip 4th fire engine; this will allow this vehicle to be used when other engines our being repaired or in an emergencyRadio Equipment replacement/expansion - 12,601 12,601 12,601 Seven back-up radios for PW; 2018: Additional Radios for backup radios and crew expansion; related yearly County fees ($10K) included in HEF; Previously $693K budgeted in 2014 for replacement of approximately 59 radios for PW, PD and Fire. Adjusted to only include radios purchased over 12 years ago (in 2008 the town replaced a number of radios; these will not be replaced until 2018)Total Public Safety226,535 217,886 444,421 - 444,421 11 December 3, 2019 - Page 19 of 205 2019 1st 2019 2nd 2019Original Supplemental Amended Supplemental AmendedTOWN OF VAIL 2019 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDCommunity and Guest Service Energy Enhancements - 73,847 73,847 150,000 223,847 Electric car charges at various town locations ($73.8K); $150K for electircal infrastruture at the Lionshead Parking structure for 4 car charging stationsPedestrian Safety Enhancements - 1,479,116 1,479,116 1,479,116 Replace 40+ year old overhead lighting for Main Vail roundabouts and West Vail Roundabouts (approved by council on 7/5/16); project includes underground electrical enhancements for lightingCivic Area Redevelopment - 100,000 100,000 100,000 Preliminary design plans to vet broader master plan conceptsSale of Property - 18,000 18,000 18,000 Closing costs for sale of two properties (VVI Phase V Unit 2 and Chamonix Parcel D/E); plus some administrative costs to bringing Parcel D/E through the PEC process to subdivide and update zoningUnderground Utility improvements - 696,675 696,675 696,675 $50K for undergrounding electric between Glen Lyon office building and Liftside- see reimbursement above; $71K for CDOT project at I-70 underpass; $2.1M for Big Horn Rd and Intermountain Eastern portion projects to be completed in 2018 using Community Enhancement Funds ($1.1M reimbursement from the Holy Cross enhancement funds)Guest Services Enhancements/Wayfinding - 225,900 225,900 225,900 $225.9K for new street signs and accompanying light poles town-wideRockfall Mitigation near Timber Ridge 400,000 - 400,000 400,000 Rock fall mitigation near Timber RidgeVehicle Expansion 115,100 - 115,100 115,100 Police chief vehicle ($39K), building inspector vehicle ($37.1K), Town engineer vehicle ($39K); 2020: 2 commander vehicles ($80K)Total Community and Guest Service515,100 2,593,538 3,108,638 150,000 3,258,638 Total Expenditures 16,658,295 12,901,548 29,559,843 3,989,106 33,548,949 Other Financing Sources (Uses)Transfer from Vail Reinvestment Authority 3,050,000 798,281 3,848,281 3,848,281 $3.0M Red SandstoneTransfer to Housing Fund (2,500,000) - (2,500,000) (1,330,259) (3,830,259) Transfer to Housing Fund; 2.5M per year; $1.5M transfer for sale of VVI unit; decrease in Solar Vail deed restricted units purchased of $195K Revenue Over (Under) Expenditures (2,329,685) (10,220,384) (12,550,069) (4,045,665) (16,595,734) Beginning Fund Balance 14,323,349 18,725,072 33,048,422 33,048,422Ending Fund Balance11,993,664 20,498,352 16,452,687 12 December 3, 2019 - Page 20 of 205 Proposed 2019 2019 2nd 2019 Original Amended Supplemental Amended Revenue Housing Fee in Lieu Annual Collections -$ -$ 421,032$ 421,032$ Collected in 2019 Capital Projects Funding - InDeed 2,500,000 2,500,000 (195,000) 2,305,000 Capital Projects Funding - Real Esate Sales 1,525,259 1,525,259 VVI sale Total Revenue 2,500,000 2,500,000 1,751,291 4,251,291 Expenditures InDEED Program 2,500,000 3,340,274 1,525,259 4,865,533 Use of VVI sales revenue for InDEED program Town of Vail Rental Inventory - - - Solar Vail Housing Development - 4,225,000 (195,000) 4,030,000 Buy Down Housing - 247,428 421,032 668,460 $327K for purchase; remaining is buy down funds Total Expenditures 2,500,000 7,812,702 1,751,291 9,563,993 Operating Income - (5,312,702) - (5,312,702) Beginning Fund Balance - 5,312,702 5,312,702 Ending Fund Balance -$ -$ -$ TOWN OF VAIL 2019 PROPOSED AMENDED BUDGET SUPPLEMENTAL HOUSING FUND SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE 13 December 3, 2019 - Page 21 of 205 2019 1st 2019 2nd 2019Original Supplemental Amended Supplemental AmendedRevenueReal Estate Transfer Tax 6,300,000$ -$ 6,300,000$ 6,300,000$ 2019 flat with 2018 forecast (5 year average growth is 3.2%)Golf Course Lease 166,650 - 166,650 166,650 Annual lease payment from Vail Recreation District; annual increase will be based on CPIIntergovernmental Revenue 1,170,000 398,398 1,568,398 167,589 1,735,987 $300K Eagle County reimbursement for Lupine open space parcel; $5K grant for curbside recycling programs- See corresponding expenditure below; $24.3K reimbursement from ERWS for the Dowd Junction retaining wall- See corresponding expenditure below; $30K Fishing is fun grant (carryforward from 2018); $39K GoCo grant (carryforward from 2018); $150K reimbursement from ERWSC and $1M from Eagle County for restabilization of Down Junction; $20K lottery proceeds; $167.6K state grant for Westhaven stormwater filtration upgrades- see corresponding expenditure belowProject Reimbursements - - - 40,000 $20K reimbursement from Grand Hyatt for Westhaven stormwater filtration upgrades- see corresponding expenditure below; $20K reimbursement from Vail Resorts for design costs for Gore Valley Trail realignment- see corresponding expenditure belowDonations - 219,400 219,400 20,000 239,400 $169.4K community funding for the Seibert Memorial- See corresponding expenditure below; $50K revenue recognition from East West Partners for Ford Park art space- See corresponding expenditure below; $20K donation for Winterfest- See corresponding expenditure belowRecreation Amenity Fees 10,000 - 10,000 10,000 Earnings on Investments and Other 43,991 - 43,991 1,255 45,246 $32K Reimbursement from bag fee collections for Clean-Up Day and America Recycles Day; $1.2K use of Sole Power donations for prizes; 0.7% rate assumedTotal Revenue 7,690,641 617,798 8,308,439 228,844 8,497,283 ExpendituresManagement Fee to General Fund (5%) 315,000 - 315,000 315,000 5% of RETT Collections - fee remitted to the General Fund for administrationWildlandForest Health Management 296,311 12,938 309,249 6,715 315,964 Operating budget for Wildland Fire crew; 2019 Added .5 FTE for wildland lead; Extra month of wildland crew to facilitate bighorn sheet habitat improvement project ($12.9K); $6.7K transfer from GF as result of compensation studyIntermountain Fuels Reduction - 42,442 42,442 42,442 Continuation of the ntermountain Fuels Project $42.4K Total Wildland296,311 55,380 351,691 6,715 358,406 ParksAnnual Park and Landscape Maintenance 1,712,030 48,000 1,760,030 5,068 1,765,098 Ongoing path, park and open space maintenance, project mgmt.; Town Trail Host volunteer program ($16,000), “Clean-up after your K-9” media campaign ($2,000), and a planning effort with the USFS to generate long-term solutions ($30,000).; $5.1K transfer from GF as result of compensation studyPark / Playground Capital Maintenance 125,000 10,000 135,000 135,000 Annual maintenance items include projects such as playground surface refurbishing, replacing bear-proof trash cans, painting/staining of play structures, picnic shelter additions/repairs, and fence maintenance; 2019 includes $10K to replace and add additional drinking fountains and bottle filling stations at Vail parksRec. Path Capital Maint 85,000 - 85,000 (16,861) 68,139 Capital maintenance of the town's recreation path system; Use savings toward Gore Valley Trail realignment projectTree Maintenance 65,000 - 65,000 65,000 On going pest control, tree removal and replacements in stream tract, open space, and park areasStreet Furniture Replacement 90,000 7,334 97,334 97,334 Includes pedestrian bridge inspection report ($25K), additional benches in Vail Village and bike racks ($7.3K); Annual replacement or capital repairs, benches, recycling and bike racksFord Park: Softball Weather Shelter 585,000 60,000 645,000 645,000 Shelter at the Ford Park softball fields to provide weather and lighting protection for spectators and players ($645K); Add'l $60K requested for contingency onlyFord Park Landscape Enhancement: Parking Lot / Sport Central Portal67,000 - 67,000 67,000 DRB req'd parking lot plantings and landscape enhancements at Central Portal Pilot Project to reduce turf grass 30,000 - 30,000 5,364 35,364 Turf grass reduction project at Buffehr Creek. This project will be a pilot example of ways to reduce turf grass in areas across town resulting in water and maintenance savings; $5.4K use of savings from Ford Parks improvements budget for turf projectCovered Bridge Pocket Park Rehabilitation 87,000 - 87,000 87,000 Streambank stabilization, riparian enhancements, walking surface replacement TOWN OF VAIL PROPOSED 2019 BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX 14 December 3, 2019 - Page 22 of 205 2019 1st 2019 2nd 2019Original Supplemental Amended Supplemental AmendedTOWN OF VAIL PROPOSED 2019 BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Stephens Park Safety Improvements 300,000 - 300,000 300,000 Access improvements to include extended sidewalk, new stairs and other site improvements; playground was built in 1990'sFord Park Improvements & Fields - 60,000 60,000 (5,364) 54,636 Re-appropriate a portion of remaining funds to complete Ford Park landscaping improvements; $5.4K use of savings from Ford Parks improvements budget for turf projectVail Transit Center Landscape - 107,133 107,133 107,133 Completion of landscaping at Vail transit center to coincide with construction of additional bus lane at Vail TRC Ford Park Portal Improvements - 2,540 2,540 2,540 Final bills for improvements to Ford Park entry points ($2.5K)Total Parks3,146,030 295,007 3,441,037 (11,793) 3,429,244 Rec Paths and TrailsVail Valley Drive Path Extension: Ford Park to Ptarmigan 400,000 - 400,000 400,000 Extension of Vail Valley Drive path to ease congestion and enhance pedestrian safetyVail Valley Drive Path Extension: Ptarmigan West to GC Mtn Building400,000 - 400,000 400,000 Extension of Vail Valley Drive path to ease congestion and enhance pedestrian safetyGore Valley Trail Bridge Replacement 300,000 - 300,000 300,000 Reconstruction of south bridge abutment due to significant scour and replacement of bridge structureGore Valley Trail Realignment 50,000 - 50,000 36,861 86,861 Design feasibility study for Gore Valley Trail Realignment at Lionshead gondola ($50K); $36.8K increase for design contract as approved by Council in November; includes $20K reimbursement from Vail Resorts for design costs and $16.9K savings from rec path maintenance project budgetEast Vail Interchange Improvements - 793,554 793,554 793,554 Continuation of landscaping design and construction of the interchangeDowd Junction repairs and improvements - 2,148,633 2,148,633 2,148,633 Re-stabilization of Dowd Junction path ($2.15M); Includes $24.3K reimbursement from ERWS for the Dowd Junction retaining wall- See corresponding reimbursement above; Repairs to culverts, drainage, and preventative improvements; project in cooperation with Eagle River Water and Sand (ERWSC); $150K reimbursement from ERWSC and $1M reimbursement from Eagle CountyGore Valley Trail Reconstruction (Conoco to Donovan) - 25,000 25,000 25,000 Complete Gore Valley Trail Reconstruction between W. Vail Conoco and Donovan Pavilion includes revegetation along West trail near Donovan PavilionNorth Recreation Path- Sun Vail to Pedestrian Bridge - 235,000 235,000 235,000 $235K for North Recreation Bike Path reconstruction on North Frontage road between Sun Vail and the pedestrian Bridge to coincide with the Red Sandstone parking garage projectTotal Rec Paths and Trails1,150,000 3,202,187 4,352,187 36,861 4,389,048 Recreational FacilitiesNature Center Operations 80,000 10,000 90,000 90,000 Nature Center operating costs including $75K Walking Mountains contract and $15K for maintenance and utilitiesNature Center Redevelopment 400,000 33,950 433,950 433,950 $434K Design new Nature Center Remodel/StructureGolf Clubhouse & Nordic Center - 52,935 52,935 52,935 Final art purchases for Clubhouse and Nordic Center; art budget was 1% of original project budgetTotal Recreational Facilities480,000 96,885 576,885 - 576,885 EnvironmentalEnvironmental Sustainability 433,246 - 433,246 12,331 445,577 Annual operating expenditures for Environmental department (4 FTEs); includes $40K for Clean up day, professional dues to organizations such as CC4CA, Climate Action Collaborative, etc.; $12.3K transfer from GF as result of compensation studyRecycling and Waste Reduction Programs 119,979 59,565 179,544 179,544 Love Vail website improvement ($25K); Annual expenditures: Green Team ($2.5K); Eagle County recycling hauls (reimbursed) $(25K); Zero Hero recycling at events ($25K); Recycling compliance, education, public art and compost pilot ($30K); Waste and Recycling Education ($7.5K)Ecosystem Health 72,500 75,000 147,500 13,962 161,462 Wildlife habitat program (NEPA study, field work $75K); Actively Green ($33K), Sustainable Destination ($30K); Annual Wildlife Forum ($2K), CC4CA Retreat ($2.5K); Trees for Vail ($5K); $14.0K for missed 2018 Walking Moutains billEnergy & Transportation 47,500 57,000 104,500 1,255 105,755 Energy Smart Colorado partnership contract ($40K); Sole Power coordination ($7.5K); $57K for energy programs; $1.2K donation to be used for Sole Power prizes- see corresponding revenue aboveStreamtract Education/Mitigation - 80,061 80,061 80,061 Includes water quality and streamtract education, outreach, signage and marketing; private streambank funding; Water Quality Infrastructure 1,000,000 2,477,167 3,477,167 187,589 3,664,756 Continuation of water quality improvement to Gore Creek; Stormwater site specific water and water quality construction projects as part of "Restore the Gore" includes $135K for water mitigation roof runoff grant at PW; $187.6K for Westhaven Circle sediment capture vault paid for with grant and contribution from Grand Hyatt (Hotel Talisa) Streambank Mitigation 100,000 548,336 648,336 648,336 Continuation of Riparian Site specific construction projects for Water Quality Strategic Action Plan ($648.3K) includes 2018 grant awards continued in 2019 for GoCo grant ($39K) and Fishing is Fun grant ($30K)- See carryforward of grant revenue above 15 December 3, 2019 - Page 23 of 205 2019 1st 2019 2nd 2019Original Supplemental Amended Supplemental AmendedTOWN OF VAIL PROPOSED 2019 BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX East Vail Water Quality TAPS - 90,263 90,263 90,263 Completion of East Vail Water Quality Improvements; $700K CDOT TAP grant funding was received in 2018 to offset costsGore Creek Interpretive Signage 75,000 75,000 75,000 Phase I of Gore Greek Interpretive signage (design)Open Space Land Acquisition 50,000 600,000 650,000 20,000 670,000 $600K purchase of Lupine parcel with Eagle County- see corresponding reimbursement above; $50K for open space surveys/studies; $20K in costs to file conservation easementTotal Enviromental1,823,225 4,062,392 5,885,617 235,137 6,120,754 ArtPublic Art - Operating 123,456 - 123,456 123,456 Art in Public Places programming and operationsPublic Art - General program / art 85,000 512,798 597,798 597,798 To purchase sculptures, artwork, art programs and events; remainder is re-appropriated each year to accumulate enough funds. Public Art - Winterfest 30,000 18,085 48,085 20,000 68,085 Winterfest $30K per year; $20K donation from Dow Browning to be used towards Winterfest- See donation revenue aboveSeibert Memorial Statue - 300,000 300,000 300,000 Pete Seibert Memorial statue- See corresponding community reimbursement aboveArt Space - 50,000 50,000 50,000 Design phase for Ford Park art space- see corresponding donation from East West aboveTotal Art238,456 880,883 1,119,339 20,000 1,139,339 ContributionsBetty Ford Alpine Garden Support 69,700 - 69,700 69,700 Annual operating support of the Betty Ford Alpine Gardens; annual increase to follow town's general operating annual increaseEagle River Watershed Support 42,000 - 42,000 42,000 Annual support of the Eagle River Watershed Council programs Adopt A Trail 5,000 - 5,000 5,000 Adopt A Trail Council Contribution for trails in or bordering the TownTotal Contributions116,700 - 116,700 - 116,700 VRD-Managed Facility ProjectsRecreation Enhancement Account 166,650 206,698 373,348 373,348 Annual rent paid by Vail Recreation District; to be re-invested in asset maintenance ($141,604), Transfer $240K to golf course other Golf Clubhouse 65,000 - 65,000 65,000 Wood trim repairs ($40K), AC and catering kitchen improvements ($30K)Golf Course - Other 176,396 511,396 687,792 687,792 $511K for reconstruction of the golf maintenance buildings, improvements to the 14th and 15th hole bridges. and parking drainage improvements. Parking lot asphalt repairs ($10K), repair asphalt at maintenance building ($3K), replace roof on maintenance building ($161.2K), replace wood trim at maintenance building ($2.7K)Dobson Ice Arena 102,943 108,500 211,443 211,443 Complete pavers and concrete slab replacement ($54K); rock wall repair ($10.5K); roof snow removal contract ($44K); Repair exterior doors ($96K), window repairs ($7K)Ford Park / Tennis Center Improvements - 72,000 72,000 72,000 Complete replace gutters ($10.0K), Stain wood siding of concessions ($6.0K) and restrooms ($6.0K), restroom remodel (50K)Athletic Fields - 6,000 6,000 6,000 Seal coat and crack fill in parking lot ($6K)Gymnastics Center - 60,000 60,000 60,000 Installation of cooling systemTotal VRD-Managed Facility Projects 510,989 964,594 1,475,583 - 1,475,583 Total Expenditures 8,076,711 9,557,328 17,634,039 286,920 17,920,959 Other Financing Sources (Uses)Transfer from General Fund - - 24,114 Transfer in from General Fund as result of compensation study (Placeholder for salary adjustments was budgeted in GF)Revenue Over (Under) Expenditures (386,070) (8,939,530) (9,325,600) (33,962) (9,423,676) Beginning Fund Balance 887,045 12,264,505 13,150,550 13,150,550Ending Fund Balance500,975$ 3,824,950$ 3,726,874$ 16 December 3, 2019 - Page 24 of 205 Proposed Proposed 2019 1st 2019 1st 2019 Budget Supplemental Amended Supplemental Amended Revenue Town of Vail Interagency Charge 3,350,058$ -$ 3,350,058$ 3,350,058$ Insurance Reimbursements & Other 10,000 - 10,000 10,000 Earnings on Investments 7,900 - 7,900 7,900 Equipment Sales and Trade-ins 189,170 - 189,170 189,170 Total Revenue 3,557,128 - 3,557,128 - 3,557,128 Expenditures Salaries & Benefits 1,173,804 - 1,173,804 4,867 1,178,671 Operating, Maintenance & Contracts 1,598,685 - 1,598,685 1,598,685 Capital Outlay 937,800 20,645 958,445 958,445 Total Expenditures 3,710,289 20,645 3,730,934 4,867 3,735,801 Revenue Over (Under) Expenditures (153,161) (20,645) (173,806) (4,867) (178,673) Transfer from GF - - 4,867 4,867 Beginning Fund Balance 1,655,305 301,114 1,956,419 1,956,419 Ending Fund Balance 1,502,144$ 1,782,613$ -$ 1,782,613$ TOWN OF VAIL 2019 PROPOSED AMENDED BUDGET SUPPLEMENTAL SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEAVY EQUIPMENT FUND 17 December 3, 2019 - Page 25 of 205 2019 1st 2019 1st 2019 Original Supplemental Amended Supplemental Amended Revenue E911 Board Revenue 803,953$ -$ 803,953$ -$ 803,953$ Interagency Charges 1,354,077 - 1,354,077 - 1,354,077 Other State Revenues - - - - - Other County Revenues - - - - - Town of Vail Interagency Charge 669,590 - 669,590 - 669,590 Earnings on Investments 6,168 - 6,168 - 6,168 Other - - - - - Total Revenue 2,833,788 - 2,833,788 - 2,833,788 Expenditures Salaries & Benefits 2,206,730 - 2,206,730 15,750 2,222,480 Operating, Maintenance & Contracts 533,884 - 533,884 - 533,884 Capital Outlay - 181,080 181,080 181,080 Total Expenditures 2,740,614 181,080 2,921,694 15,750 2,937,444 Revenue Over (Under) Expenditures 93,174 (181,080) (87,906) (15,750) (103,656) Transfer from GF - - - 15,750 15,750 Beginning Fund Balance 870,094 562,933 1,433,027 1,433,027 Ending Fund Balance 963,268$ 1,345,121$ 1,345,121$ TOWN OF VAIL 2019 PROPOSED AMENDED BUDGET SUPPLEMENTAL SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND 18 December 3, 2019 - Page 26 of 205 Ordinance No. 20, Series of 2019 ORDINANCE NO. 20 SERIES OF 2019 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, HOUSING FUND, AND REAL ESTATE TRANSFER TAX FUND, OF THE 2019 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAI D ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2019 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 21, Series of 2018, adopting the 2019 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2019 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 603,503 Capital Projects Fund 5,319,365 Housing Fund 1,751,291 Real Estate Transfer Tax Fund 286,920 Dispatch Services Fund 15,750 Marketing Fund 135,000 Heavy Equipment Fund 4,867 Total $ 8,116,696 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each December 3, 2019 - Page 27 of 205 Ordinance No. 20, Series of 2019 part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of December, 2019, and a public hearing shall be held on this Ordinance on the 17th day of December, 2019, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. _______________________________ Dave Chapin, Mayor ATTEST: ___________________________ Tammy Nagel, Town Clerk December 3, 2019 - Page 28 of 205 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Ordinance No. 19, Series of 2019, First Reading: A mendments to Title 10, Title 12 and Title 14 of the Town of Vail Code Related to W ildland Urban I nterface Building Construction and L andscaping. P RE S E NT E R(S ): Mark Novak, F ire Chief; P aul Cada, W ildland P rogram Manger. AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments or deny Ordinance No. 19, S eries of 2019, upon first reading. B AC K G RO UND: The applicant, the Town of Vail is proposing to amend Title 10, Title 12 and Title 14 of the Town of Vail Code to increase ignition resistance of new construction and landscaping. S TAF F RE C O M M E ND AT IO N: A pprove on first reading Ordinance No. 19, S eries of 2019. AT TAC H ME N TS: Description Staff Memo Ordinance No 19 Series of 2019 Attachment A-Fire Department Memo Attachment B Text Amendments Title 12 Ch 11 Attachment C Text Amendments Title 12 Ch 21 Attachment D Text Amendment Title 14 Ch 2 Attachment E Text Amendment Title 14 Ch 10 Attachment F Ordinance No. 19 Series of 2019 Attachment G Building Code Definitions Attachment H Fire Resistant Landscape Guidelines Attachment I Recommended Plant Brochure Staff Presentation W ildland Urban Interface Code December 3, 2019 - Page 29 of 205 TO: Town Council FROM: Community Development Department DATE: December 3, 2019 SUBJECT: First reading of Ordinance No. 19, Series of 2019, Title 10, Chapter 1 Building codes and pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, and Title 14, Development Standards, Vail Town Code, to amend the regulations on building design and landscaping in the Wildland Urban Interface to reduce the risk of wildfire, and setting forth details in regard thereto. (PEC18-0035). Applicant: Town of Vail, represented by Paul Cada, Wildland Program Manager Planner: Greg Roy I. SUMMARY The applicant, the Town of Vail, represented by Paul Cada, Wildland Program Manager, requests the review of prescribed regulations amendments of Title 10, Chapter 1, Building Codes and pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12, Zoning Regulations, and Title 14, Development Standards, Vail Town Code, relating to building design and landscaping in order to reduce the risk of wildfire. Amendments to Title 10, Chapter 1, Building Codes were reviewed and recommended for approval by the Building and Fire Code Appeals Board prior to presentation to the Design Review Board and Planning and Environmental Commission. On September 23rd, 2019, the Planning and Environmental commission (PEC) forwarded a recommendation (6-1), for approval, for prescribed regulations amendments to Title 12, Zoning Regulations, and Title 14, Development Standards, Vail Town Code, to amend the regulations on building design and landscaping in the Wildland Urban Interface to reduce the risk of wildfire, of this application subject to the findings noted in Section VIII of this memorandum. The following attachments are available for review: • Attachment A - Applicant’s Narrative / Fire Department Memo • Attachment B, C, D and E - Proposed Text Amendments • Attachment F – Ordinance No. 19 Series 2019 December 3, 2019 - Page 30 of 205 Town of Vail Page 2 • Attachment G - Definitions from the 2018 International Residential Code • Attachment H - Fire Resistant Landscaping Guidelines • Attachment I - Plant Recommendations Brochure II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 19, Series of 2019, upon first reading. III. DESCRIPTION OF REQUEST The applicant is proposing to amend the Vail Town Code to implement new regulations on building design and landscaping to reduce the risk of wildfire. These regulations would include changes to permitted exterior building materials, changes to landscaping design requirements, and new requirements for the creation of defensible space around structures. The proposed regulations would apply anywhere within the Town of Vail for new construction, and to additions of 500 square feet or more of gross floor area. IV. BACKGROUND Adoption of the International Wildland Urban Interface Code (IWUIC) was presented to the Building and Fire Code Appeals Board at seven meetings during 2018 and 2019. After significant discussions, the Board recommended a change in approach. Rather than adopting the IWUIC in its entirety, the Board recommended a simplified approach whereby the Town’s existing regulations would be amended, rather than adopting a new code book. Staff presented the proposed text amendments to the Design Review Board (DRB) on two occasions to gain feedback on the proposed language. On August 7, 2019 the DRB voted 5-0 to recommend adoption of the proposed text amendments, with the condition that language also be added to Section 14-10-5-B3b, Vail Town Code, directing users to the Town’s adopted building code for a definition of combustible siding. On August 26, 2019 the Planning and Environmental Commission reviewed this application and requested additional information. As requested, the definitions from the Residential Building Code on “Combustible Material” and “Noncombustible Material” have been attached for you review. In addition, staff has attached the current Fire Resistant Landscaping guidelines and the updated Plant Recommendations guide for the PEC’s reference. The proposed amendments to Title 10, Building Regulations are also attached. On September 9, 2019 the PEC reviewed this application and requested additional changes. The PEC requested the following changes: December 3, 2019 - Page 31 of 205 Town of Vail Page 3 1.) Staff clarify that these regulations are not retroactive; 2.) Change “shall” to “should” in the new language in Section 12-11-3, Design Approval, concerning addition of plant materials; 3.) Change uppercase “Town” to lowercase “town” to be consistent with the existing usage of the word throughout the Vail Town Code. 4.) Change “tenants” to “occupants” in the new definition of Floor Area, Net, Section 12-2-2. Language changed from the meeting of September 9, 2019 is shown in red. On September 23, 2019 the PEC, with a vote of 6-1-0 recommended approval of the application to the Town Council. V. PROPOSED TEXT AMENDMENT LANGUAGE The Prescribed Regulation Amendments proposed may be found in Attachments B - E. The proposed changes are centered on three main concepts: 1. Identifying the entire Town of Vail as being within a wildfire hazard zone, and at risk from the spread of wildfires. 2. Requiring all new structures and major additions (500 square feet or greater) within the Town to be constructed in a manner to resist ignition from wildfire flames and embers through ignition resistant construction design. 3. Requiring all new landscaping within the Town to use fire resistant design and defensible space. VI. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. The Design Review Board may be consulted on text amendments relating to design, and may make a recommendation to the Town Council. Town Council: December 3, 2019 - Page 32 of 205 Town of Vail Page 4 The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. VII. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Town Code and Vail Land Use Plan, and are relevant to the review of this proposal: Vail 2020 Strategic Action Plan Environmental Sustainability Goal #3: Ecosystem: Improve the health and diversity of the forest and mountain ecosystem while recognizing the interdependence of the wildland urban interface (WUI) corridor within Vail. Actions/Strategies • Research potential code amendments to further protect homes from wildland fires. 2018 Open Lands Plan Update Chapter 3 - Wildfire and Safety Considerations The Vail Fire & Emergency Services is involved in ongoing efforts to manage vegetation to minimize the potential threat of wildfire in and around Vail. Wildfires do not recognize Town or property boundaries and the Department’s mitigation efforts are not limited to Town owned lands. That said, any decisions regarding management of the Town’s open lands should be coordinated with the Department’s wildfire mitigation efforts. Any new recreation trails, whether located on Town land or on USFS lands, should also involve coordination with Vail Fire and Emergency Services. Considerations to be addressed include emergency provider access to trails and mitigation of hazards that may be presented by standing-dead lodgepole located proximate to any new trails. Vail Town Code December 3, 2019 - Page 33 of 205 Town of Vail Page 5 Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. (Ord. 8(1973) § 1.100) 12-3-7: AMENDMENT: A. Prescription: The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended, or repealed by the town council in accordance with the procedures prescribed in this chapter. B. Initiation: 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the town council on its own motion, by the December 3, 2019 - Page 34 of 205 Town of Vail Page 6 planning and environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. 2. A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the administrator. C. Criteria And Findings: 2. Prescribed Regulations Amendment: a. Factors, Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requested text amendment: (1) The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and (2) The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and (3) The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and (4) The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and (5) Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. December 3, 2019 - Page 35 of 205 Town of Vail Page 7 b. Necessary Findings: Before recommending and/or granting an approval of an application for a text amendment the planning and environmental commission and the town council shall make the following findings with respect to the requested amendment: (1) That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and (2) That the amendment furthers the general and specific purposes of the zoning regulations; and (3) That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 2018 Residential Building Code Combustible Material: Any material not defined as noncombustible. Noncombustible Material: Materials that pass the test procedure for defining noncombustibility of elementary materials set forth in ASTM E136. VIII. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The proposed text amendments further the general and specific purposes of the zoning regulations by helping to secure the community from fire danger and by reducing the risks of wildfires. The proposed changes will require building materials and landscaping designs that help reduce the spread of fire through use of ignition resistant materials, separation of structures from landscaping, and creation of defensible space. These regulations are designed to require compliance for new construction, but also to provide exemptions for small additions of less than 500 square feet of gross floor area, and repairs of less than 25% of a deck surface area or deck structure. Staff finds that this criterion has been met. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies December 3, 2019 - Page 36 of 205 Town of Vail Page 8 outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Staff finds that the proposed prescribed regulations amendments will better implement or achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan. The Vail 2020 Strategic Action Plan and the 2018 Open Lands Plan Update support efforts to reduce the risks of wildfires. Additionally, the Town is currently working on a Community Wildfire Protection Plan to help the Town of Vail incorporate Fire Adapted Community recommendations into community design and maintenance, and to help the community take the next step in wildfire preparedness. Staff finds that this criterion has been met. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Conditions have changed since the adoption of the current regulations. Climate change has caused Colorado’s average temperature to rise by two degrees Fahrenheit in the past 30 years i. Projections indicate that the state’s average temperature could be five degrees higher by 2050ii. Rising temperatures result in drier forest conditions and increased wildfire probability. As a result, additional measures are needed in the Town of Vail to plan for, and attempt to reduce, the risk of wildfires. Staff finds that this criterion has been met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Staff finds that this text amendment will ensure a harmonious, convenient, workable relationship among land use regulations consistent with the Town's development objectives. The proposed text amendments would apply to new construction, and to additions of 500 square feet or more of gross floor area. A definition of gross floor area is proposed with these amendments. Over time, these regulations will make the community safer from the risks of wildfires, and will help to reduce the spread of fires. Staff finds that this criterion has been met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. IX. ENVIRONMENTAL IMPACTS December 3, 2019 - Page 37 of 205 Town of Vail Page 9 The Community Development has not identified any significant negative environmental impacts with the proposed text amendment. While the proposed changes may result in less overall landscaping close to structures, and may require separation of trees to prevent fire jumping, these code amendments may have a positive effect on the environment by reducing the risk of wildfire. X. STAFF RECOMMENDATION Should the Town Council choose to approve Ordinance No. 19, Series of 2019, upon first reading, the Community Development Department recommends the Council pass the following motion: "The Vail Town Council approves Ordinance No. 19, Series 2019, upon first reading to approve Prescribed Regulations Amendments pursuant to Section 12- 3-7, Amendment, Vail Town Code, to amend Title 12, Zoning Regulations, and Title 14, Development Standards, Vail Town Code, concerning regulations on building design and landscaping to reduce the risk of wildfire, and setting forth details in regard thereto.(PEC18-0035)” Should the Vail Town Council choose to approve the proposed Ordinance No. 19, Series 2019, the Community Development Department recommends the Council makes the following findings: "Based upon the review of the criteria outlined in Section VII of the staff memorandum to the Planning and Environmental Commission dated September 23, 2019, and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." XI. ATTACHMENTS December 3, 2019 - Page 38 of 205 Town of Vail Page 10 A. Applicant’s Narrative/Memo B. Proposed Text Amendments, Title 12, Chapter 11 C. Proposed Text Amendments, Title 12, Chapter 21 D. Proposed Text Amendment, Title 14, Chapter 2 E. Proposed Text Amendments, Title 14, Chapter 10 F. Ordinance No. 19 Series 2019 G. Definitions – 2018 International Residential Code H. Fire Resistant Landscaping Guidelines I. Plant Recommendations Brochure i Lukas, Jeff, et. al. (August 2014). “Climate Change in Colorado.” Pg. 2. Available at: http://cwcbweblink.state.co.us/WebLink/ElectronicFile.aspx?docid=191995&searchid=e3c463e8-569c- 4359-8ddd-ed50e755d3b7&dbid=0 ii Coupled Modeling Intercomparison Project Phase 5 (CMIP5) Projections. Available at: http://cmip- pcmdi.llnl.gov/cmip5/ December 3, 2019 - Page 39 of 205 To: Vail Town Council From: Mark Novak, Fire Chief and Paul Cada, Wildland Program Manager Date: December 3, 2019 Subject: Proposed Amendments Town of Vail Code building code and Design Standards to incorporate ignition resistant materials and methods I. Background At the time of the establishment of Vail as a community in the early 1960’s, wildfire was not a particularly destructive force in the Colorado Rockies. Wildfires were relatively rare and seldom caused property damage or the loss of homes. Since that time the fire environment has changed drastically. This change is due to many factors including increased fuel loads, deteriorating forest health and increased development and human activity in the wildlands which have brought fire and communities much closer. Over the last 20 years wildfires have continued to grow larger, harder to control and more impactful on communities. All 20 of the 20 largest wildfires in Colorado history have occurred since the start of the new millennia with 7 of the 10 largest in the last 10 years. Not only are fires getting bigger, but they are also having bigger impacts on communities. Colorado ranks second in the nation in terms of potential exposure to wildfire damage. Thousands of homes in Colorado have been lost to wildfire since 2000 and many communities are now dealing with the post fire flooding and water quality issues that may last for years. Over the past 16 years the Town of Vail and Eagle County have acknowledged the potential threat that wildfire presents to the safety, health and vitality of the community. In addition, there is a growing recognition that catastrophic wildfire is a significant threat to the environment and specifically to Gore Creek. Mitigating the impacts of wildfire is also a key sustainability strategy, as the impacts of wildfires upon communities across the west have dramatically increased over the last two decades. It has become well accepted by the community that Vail is located within an ecosystem that is prone and even depends on wildfire to maintain healthy ecological function. It is not a matter of if, but when a large wildfire will occur in or near the community. Like the natural environment we all enjoy, the town must adapt to living with wildfire. In 2015 Town Council was presented with the concept of creating a “Fire Adapted Community” within Vail. The strategic plan of “Fire Adapted Vail” includes the three pillars of the national cohesive strategy: Resilient Landscapes, Fire Adapted Communities and Rapid and Effective Response. These have been developed into several highly effective and well received programs within the town including: large scale fuels reduction projects, December 3, 2019 - Page 40 of 205 Town of Vail Page 2 community slash removal, town wide home hazard evaluations, evacuation preparedness and significant improvements in wildfire emergency response. This multi- pronged approach when paired with improved building practices will set the community on a trajectory for greater resiliency to a wildfire event. Concurrent with the growth of the fire problem in the Wildland Urban Interface has been the evolution of the body of knowledge regarding wildland fires and structural ignitability. The proposed code amendments are informed by this science which has created an understanding of the role of burning embers in igniting buildings. Due to the ability of embers to travel up to a mile ahead of a fire, we now know that all buildings in the Town of Vail are at risk of being impacted by a wildland fire. To address the threat of wildland fire Eagle County adopted wildfire specific building regulations in 2003. These building regulations have been directly attributed to structural survivability during the 2018 Lake Christine Fire. In 2016 the Town of Vail amended several sections of its code and adopted new design guidelines as an initial step to address the wildland fire threat within the Town of Vail. The primary impact of this was the implementation of an advisory landscape plan review to determine compliance with ignition resistant landscape guidelines. In the summer of 2018 staff identified the need to address structural ignitability and landscape design in all new construction and began developing a Wildland Urban Interface Code tailored to meet the unique conditions of the Town of Vail II. Current Situation Vail Fire and Emergency Services have been working with staff from the Community Development Department over the past 15 months to develop the proposed amendments to the town code to incorporate wildfire mitigation best practices. This has included collaboration with staff from the building, environmental and planning departments, 7 meetings with Building and Fire Code Appeals Board (BFCAB), 3 meetings with Design Review Board (DRB) and 3 meetings with the Planning and Environmental Commission (PEC). After extensive review BFCAB, DRB and PEC all voted to recommend approval of the code amendments to Vail Town Council. The result of this collaboration are code amendments that are consistent with existing building practices and aesthetic standards as well as an approach to landscaping that will maintain the character of Vail while decreasing the need for water and pesticides, resulting in a more sustainable community. This collaboration has also informed a revision of the Vail Fire Resistant Landscaping Guide that provides guidance on creating landscapes that are aesthetically pleasing, consistent with best practices to protect Gore Creek and reduce the risk of a wildfire igniting homes within our community. The 2018 version of the ICC International Wildland Urban Interface code was used as a model and modifications were made to incorporate lessons learned from other jurisdictions that had adopted similar codes. The intention of the code amendments is to reduce the potential impacts of wildfire upon our community while maintaining the character of the community. December 3, 2019 - Page 41 of 205 Town of Vail Page 3 The code amendments contain changes to the zoning, planning and building codes adopted by the town. These amendments as proposed would apply only to new construction and additions of more than 500 square feet of gross floor area. The amendments are not retroactive. In the development of the proposed code amendments staff finds: 1. Adopting these code amendments will substantially reduce the potential for catastrophic loss of property due to wildfire, providing for an overall safer community. 2. These code amendments are consistent with current building and landscaping practices within the Town and surrounding unincorporated Eagle County. a. Code amendments as proposed will codify current design and building practices prescribed in the current design guidelines. 3. Adoption of these code amendments will not cause substantial added time or expense to the development of a property. a. The proposed code amendments will only apply to new construction and additions of 500 square feet gross floor area or greater. b. A substantial number of products, including many currently in use within the Town, are available to meet the various requirements of the code. c. Local builders are required to meet many of the same requirements when completing projects in unincorporated Eagle County to comply with the Eagle County Wildfire Mitigation Codes. 4. The code has been amended to address the unique building and environmental challenges of the area. 5. The proposed changes support the Town of Vail Council Action Plan Priority to “Institute measures to best mitigate wildfire danger”. 6. Results of the 2016 and 2018 community survey show that more than 85% of respondents support design standards that facilitate the creation of defensible space and increasing community safety. a. Support increased from 80% to 85% from 2016 to 2018 The code amendments provide substantial choices in building material and design to meet the current Town design guidelines. The use of ignition resistant building materials is currently strongly encouraged in the design guidelines and most projects currently underway within the Town are complying with the proposed code amendments. The most substantial change from the Town’s current practices and the proposed adoption of the code would be the need to inspect landscape installations to ensure that they are installed as designed. III. Staff Recommendation 1. Review and approve ordinance number 19 series 2019 amending Title 10, Chapter 1; Title 12, Chapter 11; Title 12, Chapter 21; Title 14, Chapter 2 and Title 14, Chapter 10 of the Vail Town Code to incorporate and adopt, by reference, sections of the 2018 edition of the International Wildland Urban Interface Code, and to amend regulations on building design and landscaping in the wildland urban interface to reduce the risk of wildfire. December 3, 2019 - Page 42 of 205 Chapter 11 DESIGN REVIEW 12-11-1: PURPOSE: 12-11-2: DEFINITIONS AND RULES OF CONSTRUCTION: 12-11-3: DESIGN APPROVAL: 12-11-4: MATERIAL TO BE SUBMITTED; PROCEDURE: 12-11-5: DESIGN GUIDELINES: 12-11-6: PARK DESIGN GUIDELINES: 12-11-7: DESIGN REVIEW FEE: 12-11-8: PERFORMANCE BOND: 12-11-9: ADMINISTRATIVE POLICIES (REP. BY ORD. 2(2003) §1): 12-11-10: APPEAL TO TOWN COUNCIL (REP. BY ORD. 2(2003) §1): 12-11-11: ENFORCEMENT; INSPECTION: 12-11-12: LAPSE OF DESIGN REVIEW APPROVAL: 12-11-1: PURPOSE: A. Attractive Attributes Recognized: Vail is a town with a unique natural setting, internationally known for its natural beauty, alpine environment, and the compatibility of manmade structures with the environment. These characteristics have caused a significant number of visitors to come to Vail with many visitors eventually becoming permanent residents participating in community life. B. Area Character Protection: These factors constitute an important economic base for the town, both for those who earn their living here and for those who view the town as a precious physical possession. The town council finds that new development and redevelopment can have a substantial impact on the character of an area in which it is located. Some harmful effects of one land use upon another can be prevented through zoning, subdivision controls, and building codes. Other aspects of development are more subtle and less amenable to exact rules put into operation without regard to specific development proposals. Among these are the general form of the land before and after development, the spatial relationships of structures and open spaces to land uses within the vicinity and the town, and the appearance of buildings and open spaces as they contribute to the area as it is being developed and redeveloped. In order to provide for the timely exercise of judgment in the public interest in the evaluation of the design of new development and redevelopment, the town council has created a design review board (DRB) and design criteria. C. Design Review: Therefore, in order to preserve the natural beauty of the town and its setting, to protect the welfare of the community, to maintain the values created in the community, to protect and enhance land and property, for the promotion of health, safety, and general welfare in the community, and to attain the objectives set out in this section; the improvement or alteration of open space, exterior design of all new development, and all modifications to existing development shall be subject to design review as specified in this chapter. December 3, 2019 - Page 43 of 205 D. Guidelines: It is the intent of these guidelines to leave as much design freedom as possible to the individual designer while at the same time maintaining the remarkable natural beauty of the area by creating structures which are designed to complement both their individual sites and surroundings. The objectives of design review shall be as follows: 1. Recognize the interdependence of the public welfare and aesthetics, and to provide a method by which this interdependence may continue to benefit its citizens and visitors. 2. Allow for the development of public and private property which is in harmony with the desired character of the town as defined by the guidelines herein provided. 3. Prevent the unnecessary destruction or blighting of the natural landscape. 4. Ensure that the architectural design, location, configuration materials, colors, and overall treatment of built up and open spaces have been designed so that they relate harmoniously to the natural landforms and native vegetation, the town's overall appearance, with surrounding development and with officially approved plans or guidelines, if any, for the areas in which the structures are proposed to be located. 5. Protect neighboring property owners and users by making sure that reasonable provision has been made for such matters as pedestrian and vehicular traffic, surface water drainage, sound and sight buffers, the preservation of light and air, and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. (Ord. 29(2005) § 30: Ord. 39(1983) § 1) 6. Balance the design and aesthetic desires of the community and the economy of Vail as an international resort destination with the need to protect the community from the risk of wildland fire. 12-11-2: DEFINITIONS AND RULES OF CONSTRUCTION: A. Basis For Meanings: Any words, terms, or phrases used in this design review guide shall be defined and interpreted in accordance with the definitions contained in section 12-2-2 of this title, unless the context clearly indicates a different meaning was intended. If the context is unclear, the matter will be referred to the design review board for final determination. B. Mandatory, Discretionary Distinction: The distinction made between those items contained within this chapter that are mandatory and those that are discretionary is that statements which are mandatory are prefaced by the word "shall", and the statements or guidelines which are discretionary (or merely suggestions) are prefaced by the words "should" or "may". In all instances, any particular or specific controls over the general. (Ord. 39(1983) § 1) 12-11-3: DESIGN APPROVAL: A. Scope: No person shall commence removal of vegetation, site preparation, building construction or demolition, dumping of material upon a site, sign erection, exterior alteration or enlargement of an existing structure, paving, fencing or other improvements of open space within the corporate limits of the town unless design approval has been granted as prescribed in this chapter. The addition of plant materials to existing landscaping, gardening and landscape maintenance shall December 3, 2019 - Page 44 of 205 be exempt from this provision, but shall should still comply with the Vail Fire and Emergency Services Fire-Resistant Landscaping guidelines. B. Violation: It shall be a violation of this chapter and the building permit for any person to commence, continue or complete work that has not received design approval as prescribed in this chapter and/or is not in conformity with the plans approved and authorized by the administrator and/or the design review board and the building official. C. Nonconforming Sites And Structures; Effect Of Design Guidelines: 1. Buildings and sites which are not in conformance with the design guidelines, due to annexations or changes in code provisions (i.e., legal nonconformities), shall be required to conform with the design guidelines when allowable gross residential floor area (GRFA) (the GRFA that is permitted by the density control section of various zone districts), gross floor area, commercial floor area, or garage area credit is added to any existing structure or site. Nothing in this code shall be deemed to retroactively require conformance with design guidelines for existing buildings or sites unless specifically required by this code. 2. From the effective date of July 21, 1998, there shall be permitted a one-time exclusion from this provision for an expansion to single-family, two-family, and primary/secondary residential dwelling units. This one-time exclusion shall be allowed for a single expansion of five hundred (500) square feet or less of allowable GRFA or garage area credit per dwelling unit. In which case, structures may be expanded without requiring upgrades to entire structures and sites to conform to the design guidelines. The addition itself, however, shall conform to the design guidelines. An expansion which is greater than five hundred (500) square feet, or any subsequent expansion to a structure, regardless of size, shall require full compliance of the dwelling unit with the design guidelines. 3. General maintenance and upkeep of a property shall continue to be required regardless of the amount of floor area added to a structure. The one-time exclusion noted above shall not preclude the design review board, pursuant to the design guidelines, from requiring landscaping and other improvements necessary to buffer or mitigate development impacts associated with the expansion/remodel. 4. Expansions made pursuant to section 12-15-5 of this title shall require full compliance of the entire dwelling unit with the design guidelines. Interior conversion additions pursuant to section 12-15-4 of this title shall not trigger the requirement for upgrading sites and structures to fully comply with the design guidelines, unless it can be classified as a "demo/rebuild", pursuant to section 12-2-2 of this title. (Ord. 29(2005) § 30: Ord. 10(1998) § 1: Ord. 39(1983) § 1) 5. Additions or alterations of less than 500 square feet of gross floor area shall be exempt from conformance with Section 14-10-5 B and 14-10-8 B of this code but shall require design review. For additions of 500 square feet or greater of gross floor area, the addition and impacted landscaping shall comply with Section 14-10-5 B and 14-10-8 B of this code. 12-11-4: MATERIAL TO BE SUBMITTED; PROCEDURE: A. Preapplication Conference: Prior to the formal filing of an application for design approval, the applicant should confer with the department of community development to obtain information and guidance. The purpose of such a conference is to permit the applicant and the staff to December 3, 2019 - Page 45 of 205 review informally the proposal before substantial commitments of time and money are made. The department of community development shall indicate on the application form appropriate staff with which the applicant shall confer. Topics of discussion shall include, but not be limited to: 1. Characteristics of the site and surrounding areas, including its location, significant natural and manmade features with particular attention to natural hazard areas, the size and accessibility of the site, surrounding development and land use, and existing zoning. 2. The nature of the development proposed, including land use types and their densities; the placement and design of proposed buildings and other improvements of the site, the location, type, and treatment of open space areas, the preservation of natural features, proposed parking areas and internal circulation system, the total ground coverage of paved areas, and structures. 3. Community policy considerations including the review process and likely conformity of the proposed development with the policies and regulations of the town. 4. Applicable regulations, review procedures, and submission requirements. 5. For certain low impact applications, such as, but not limited to, minor remodels, the staff shall assist the applicant in determining applicable regulations and shall specify submission requirements which may be waived. B. Conceptual Design Review: 1. Submittal Requirements: The owner or authorized agent of any project requiring design approval as prescribed by this chapter may submit plans for conceptual review by the design review board to the department of community development. The purpose of a conceptual review shall be to give the applicant a basic understanding with respect to the design concept and the compatibility of a proposal with the design guidelines contained within this chapter. This procedure is recommended mainly for those applications of a higher impact than single-family and two-family residences although projects of that nature shall not be excluded the opportunity to request a conceptual design review. The following information shall be submitted for a conceptual review ten (10) days prior to a scheduled design review board meeting: a. A conceptual site and landscape plan at a minimum scale of one inch equals twenty feet (1" = 20'). b. Conceptual elevations and exterior materials, and a description of the character of the proposed structure or structures. c. Sufficient information to show that the proposal complies with the development standards of the zone district in which the project is to be located (i.e., square footage total, site coverage calculations, number of parking spaces, etc.). d. Application form. If the property is owned in common (condominium association) and/or located within a development lot, the written approval of the other property owner, owners, or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. e. Planning and environmental commission and/or town council approval if required. December 3, 2019 - Page 46 of 205 2. Staff; Board Procedure: a. Upon receipt of an application for conceptual design review the department of community development shall review the submitted materials for general compliance with the appropriate requirements of the zoning regulations. If the proposal is in basic compliance with the zoning regulations the project shall be forwarded to the design review board for conceptual review. If the application is not generally in compliance with the zoning regulations the application and submittal materials shall be returned to the applicant with a written explanation of the department of community development's findings. b. The design review board shall review the application and supporting material that has been submitted for a conceptual review in order to determine whether or not the project generally complies with the design guidelines, and forward comments concerning the design to the applicant. No vote of the design review board will be required unless requested by the applicant. The property owner or his/her representative shall be present at the design review board hearing. C. Preliminary And Final Design Review: 1. Material Submitted To Administrator: The owner or authorized agent of any project requiring design approval as prescribed by this chapter shall submit for final design approval all of the following material to the administrator, unless the administrator determines within five (5) days of a written request for such determination that some of the following material may be excluded: a. Survey: A topographic survey representative of existing conditions stamped by a surveyor licensed within the state at a scale of one inch equals twenty feet (1" = 20') or larger of the site with contour intervals of not more than two feet (2'). Existing trees or groups of trees having trunks with diameters of four inches (4") or more at one foot (1') above natural grade, rock outcroppings and other significant natural features such as avalanche areas, 100-year floodplain, and slopes of forty percent (40%) or more shall be shown, if applicable. The survey shall include ties to an existing bench mark (either a USGS landmark or sewer invert), property lines showing distances and basis of bearing, and all easements. b. Title Report: A preliminary title report. c. Drainage Plan: A drainage plan shall be prepared. For all developments this study shall include a contour map showing all existing and proposed watercourses, including the seasonal course limits of points of departure from the development. An indication of the limits of the 100-year floodplain shall be plotted on the contour map as well as any revised floodplains. The drainage plan shall also indicate the location and types of structures that will be necessary to handle the quantities of water evidenced on the site. d. Site Plan: A site plan, drawn at a scale of one inch equals twenty feet (1" = 20') or larger, showing existing and finished grades, the existing and proposed layout of buildings and other structures including decks, patios, canopies, fences, and walls. The site plan shall show the locations of landscaped areas, service areas, storage areas, pedestrian walks, driveways with percent slope and spot elevations, off street parking and loading areas, all retaining walls with spot elevations, and the proposed elevations of the top of roof ridges. The site plan shall indicate the locations of ingress and egress and the directions of traffic flow into and out of as well as within parking and loading areas, the location of each parking space and loading berth, and areas for turning and maneuvering vehicles. The site plan shall show exact locations of all utilities including existing sources and December 3, 2019 - Page 47 of 205 proposed service lines from sources to the structures. The site plan shall designate proposed limits of construction activity. e. Utility Verification Form: A utility verification form signed by each utility verifying location of service and availability. f. Landscape Plan: A landscape plan drawn at a scale of one inch equals twenty feet (1" = 20') or larger. The landscape plan shall show locations of existing trees or groups of trees having trunks with diameters of four inches (4") or more at one foot (1') above natural grade that are proposed to be removed. Shrubs and other native plants proposed to be removed shall be indicated. The landscape plan shall show trees and other native plants proposed to be retained and methods to be utilized for the purpose of protecting existing vegetation, the location and design of proposed landscaped areas, irrigation systems, the varieties and sizes of plant materials to be planted therein, and the location and design of swimming pool areas, patios, play areas, recreation facilities, and other usable open space. The landscape plan shall show the mature canopy of trees and shrubs after fifteen (15) years of growth. The landscape plan shall be accompanied by a landscape materials list specifying size and quantity of plant materials and a report of the condition of the existing vegetation upon the site. The landscape plan shall include sufficient detail to provide a reliable basis for estimating the amount of a performance bond guaranteeing installation and maintenance of the improvement if required by the town. g. Architectural Plans: Preliminary architectural plans drawn at a scale of one-eighth inch equals one foot (1/8" = 1') or larger, including floor plans labeled and drawn in sufficient detail to permit determination of whether all requirements of this title based on floor area will be met. Architectural plans shall include all elevations of proposed structures as they will appear on completion. All elevations shall indicate both existing and finished grades. One or more perspective sketches, a scale model, photographic overlays, or other similar techniques shall be submitted, as necessary, to illustrate the overall appearance of the building and site development features in relation to adjacent properties in the neighborhood. All exterior surfacing materials and colors shall be specified, and samples of each, with proposed finish shall be submitted. h. Sign Regulations Compliance: Scale drawings, plans renderings, photographs or other information required by the sign ordinance codified in title 11 of this code, showing in detail design, materials, and colors and specifying the method of illumination. Locations of proposed signs shall be indicated by a numbering system or other clearly comprehensible system of reference to the site plan prescribed in subsection C1d of this section. Upon request of the administrator, samples of sign materials shall be submitted. i. Erosion And Revegetation Plan: Erosion control and revegetation landscaping plans. (1) Plan Required: In all developments involving two (2) or more acres, an erosion control plan will be required. For developments involving less than two (2) acres, an erosion control plan may be required by the department of community development, based upon conditions of slope and soil stability. (2) Control Measures: The erosion control plan shall contain control measures sufficient to prevent the loss by erosion of no more than three (3) tons of soil per acre per year. These standards may be met through the use of physical measures as detention ponds, grassed waterways and filtration galleries, or by nonstructural means. (3) Review Of Plan: The department of community development shall review and approve all erosion control plans and shall maintain a list of erosion control practices, both structural and nonstructural. December 3, 2019 - Page 48 of 205 (4) Revegetation: Revegetation shall be an integral part of the erosion control plan. Topsoil shall be saved during construction and used for revegetation of disturbed areas. (5) Revegetation Landscaping: Such plan shall be required of any applicant proposing to remove or disturb existing vegetation. Potential damage to existing landscaping/vegetation shall be adequate reason for requiring a revegetation plan. At a minimum, plans submitted under this subsection shall include revegetation of land disturbed by development and construction activity. The department of community development shall establish and maintain a list of revegetation best management practices. (6) Additional Requirements: In addition to the above requirements, the department of community development may require any or all of the following: (A) Timing of disturbance. (B) Disturbed area controls. (C) Stabilization during disturbance. (D) Monitoring during disturbance. (E) Postdisturbance monitoring. (F) Water quality impact report. (G) Drainage study. j. Stormwater Quality Permits: Refer to title 14, chapter 6, "Grading Standards", of this code. k. Phasing Plan: If a project is to be built in phases the applicant shall submit a site plan of the proposed project indicating the location and timing of each phase of the project, areas to be utilized as construction staging areas for each phase, and the limits of construction activity for each phase. l. Form And Fee: Application form and appropriate fee. If the property is owned in common (condominium association) and/or located within a development lot, the written approval of the other property owner, owners, or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. m. Lighting Plan: An outdoor lighting plan shall be submitted separately from the site plan or landscape plan, and shall show the location, the height above grade, the type of illumination (such as incandescent, halogen, high pressure sodium, etc.), the source lumens, and the luminous area for each light source which is proposed. The applicant shall provide documentation that the lights meet the standards set forth in section 12-11-5 of this chapter. In addition to locating this information graphically on a plan, the applicant shall provide the information on the application form provided by the department of community development. 2. Staff Or Design Review Board Procedure: The department of community development shall check all material submitted for design review for compliance with the applicable provisions of the zoning regulations, subdivision regulations, and with this subsection C (the submittal requirements of this section as outlined above). If the application is found to be in compliance with the applicable provisions of the zoning regulations, subdivision regulations, and this subsection C, the project shall December 3, 2019 - Page 49 of 205 either be placed upon the agenda of the next appropriately scheduled design review board meeting in accordance with the required application submittal deadlines on file in the department of community development, or be reviewed by the administrator in accordance with subsection C3, "Staff Approval", of this section. If the application is found not to be in compliance with the applicable provisions of the zoning regulations and this subsection C, the application and materials shall be returned to the applicant with an explanation of the administrator's findings. The administrator may require any additional items from the applicant as may be necessary for complete and proper design review. a. The administrator or the design review board shall review the application and supporting material, and if the design of the project is found to comply with the objectives and design guidelines of this chapter, the administrator or the design review board shall approve the design of the project, documenting such approval in writing and noting any conditions of approval. If additional items are needed, as specified herein, to determine whether the project will comply with the purpose statement and design guidelines of this chapter, the design review board may give preliminary approval or table the project until the next regularly scheduled meeting. If the project is tabled or if preliminary approval is given, the board shall specify the conditions and additional and/or modified materials which must be submitted by the applicant to the design review board or to the administrator, including any changes in the design of the project. The applicant may also table the application to a future meeting for any reason. b. If the project is found to conflict with the design guidelines, the administrator or the design review board shall disapprove the design of the project. Any disapproval shall be in writing and shall specifically describe the design guidelines with which the design of the project does not comply and the manner of noncompliance. c. Following the final review of an application by the design review board at a public meeting, the design review board shall have thirty (30) days to consider and approve or deny an application. The time for action may be extended at the request of the applicant. d. If changes in the design of the project are requested, the design review board shall approve, disapprove or request further changes within thirty (30) days of the meeting at which the design review board receives the changes unless an extension is agreed to by the applicant. e. The applicant or his/her authorized representative shall be present at the design review board meeting. 3. Staff Approval: The administrator may approve any of the following applications: a. Any application to modify an existing building that does not significantly change the existing planes of the building and is generally consistent with the architectural design, including, but not limited to, exterior building finish materials (e.g., stonework, siding, roof materials, paint or stain), exterior lighting, canopies or awnings, fences, antennas, satellite dishes, windows, skylights, minor commercial facade improvements, and other similar modifications; b. Any application for an addition to an existing building that is consistent with the architectural design, materials and colors of the building, and approval has been received by an authorized member of a condominium association, if applicable; c. Any application to remove or modify the existing vegetation or landscaping upon a site; and December 3, 2019 - Page 50 of 205 d. Any application for site improvements or modifications including, but not limited to, driveway modifications, site grading, site walls, installation of accessory structures or recreational facilities. In the above specified cases, the administrator may review and approve the application, approve the application with certain modifications, deny the application, or refer the application to the design review board for decision. All other applications shall be referred to the design review board. (Ord. 27(2016) § 2: Ord. 29(2005) § 30: Ord. 3(2005) § 1: Ord. 24(2000) § 2: Ord. 9(1996) § 6: Ord. 9(1993) § 6: Ord. 12(1988) § 1: Ord. 39(1983) § 1) 12-11-5: DESIGN GUIDELINES: The design guidelines for all development are contained in title 14 of this code. (Ord. 29(2005) § 30: Ord. 22(1999) § 5) 12-11-6: PARK DESIGN GUIDELINES: A. Purpose: These guidelines shall be used by the design review board in reviewing any proposals for the development of town park land. The guidelines shall be used in conjunction with the general design review guidelines found in title 14 of this code. It is the intent of these guidelines to leave as much design freedom as possible to the individual designer while at the same time encouraging park development that will complement the natural beauty of our park land. The purpose of the guidelines is to provide continuity in the character of the parks which will be developed over many years. The guidelines will provide consistent design criteria to maintain the quality of town parks through all phases of development. B. Building Materials And Design: 1. General: a. Natural materials are strongly encouraged in park construction. Materials and detailing must complement the park's environment as well as be functional and attractive. b. Materials and designs should be chosen that are economical to maintain. 2. Stone: Natural rock should be used for architectural features such as exposed building walls and small retaining walls. Sandy gray and brown colors are encouraged, as they blend in with the natural environment. Construction should minimize exposed mortar, and detailing should reflect concern for local climatic conditions. 3. Pedestrian Walks; Plazas: Impervious surfacing may be used to emphasize important features or pedestrian areas. Natural materials and colors are encouraged, as they blend in well with wood, stone and plant materials. Asphalt is discouraged except when necessary for bike paths and parking areas. 4. Children's Play Areas: Children's play areas are to be designed with challenge and safety in mind. Multilevel play structures, tunnels, and other climbing apparatus are to be designed to excite and to encourage free expression. Native landscaping materials shall be incorporated into the play areas to soften and blend into the environment. Plant materials shall be provided for the enclosure of the play areas and for summer shading. Play areas shall be oriented to take advantage of warm winter exposure and to utilize natural buffers from the wind. December 3, 2019 - Page 51 of 205 5. Visual Impact: a. Structures, shelters, or other site buildings shall be designed in a low profile or be set into slope areas to reduce their vertical dominance upon the site. b. Major architectural structures shall be designed and accented to attract visitors without becoming a distracting visual element to other visitors of the park or to adjacent developments. C. Landscaping; Site Planning: 1. General: a. Plantings should be used to soften the edge between developed and natural park areas and to heavily screen conflicting adjacent uses. Such plantings unify developed and natural areas as well as provide a protective buffer where the adjacent land uses conflict with recreational activities. As an example, gently sloping lawns are desirable for picnic areas and open field play. Irrigated and manicured lawn areas can transition into natural areas through the use of native grasses and shrubs. Fences shall be discouraged between active and passive areas. b. Noise generating and active play areas should be integrated together and placed away from passive or natural areas. Needed service facilities, such as restrooms, drinking fountains, etc., should be located in or adjacent to activities with a high user demand. 2. Views: Plantings and site work should be used to direct views by framing interesting and attractive features such as distant mountain ranges, ponds, or Gore Creek. Visual screens of plant materials may be used to close off undesired views such as the interstate, frontage roads, or neighboring development. 3. Accent Plantings And Materials: In areas of special interest or activity, and in pedestrian areas, plantings should be used to provide color, texture, form and scent to highlight and emphasize the special character of these places. Horizontal ground plane textures such as native shrubs, ground covers, colored pavers, and smooth boulders may also be used to complement the environment. 4. Lighting: If site lighting is deemed appropriate, the lighting should provide for clear visibility while at the same time eliminating any glare within the park or on adjacent properties. Lighting fixtures shall be as subtle as possible so that they blend in with the natural park setting. A lighting plan designating location and appropriate styles of lighting shall be designed for each park that requires site lighting. 5. Signage: Any signs within the park shall conform to a unified park signage program. Private signs are prohibited from the park. D. Access And Parking: 1. Pedestrian Walks And Bike Paths: a. Pedestrian walks and bike paths shall be provided in the areas of developed facilities and circulation routes. Walks and bike paths shall be accessible to the physically handicapped and should be constructed of a hard material. December 3, 2019 - Page 52 of 205 b. Pathways through natural areas shall be placed where little grade change is required. Surface materials which provide a hard surface and have a natural appearance should be encouraged. 2. Parking: a. Parking areas shall be sensitively planned to provide needed parking without impacting the natural or recreational use areas. Parking shall be visually screened to as great a degree as feasible. b. Landscaping should be provided along public perimeter roads and between parking areas to provide screening of noise and visual pollution. E. Site Preservation And Maintenance: 1. Site Preservation: Open meadows of native grasses and flowers, and permanent stands of evergreens should be maintained in undeveloped areas of the parks. 2. Site Revegetation: Natural areas that are disturbed during construction shall be vegetated to encourage plant associations that develop naturally on the site. Revegetation should match preexisting conditions as closely as possible. 3. Erosion Control: a. Temporary erosion control measures during construction, and permanent control measures after construction shall be established to prevent sediment pollution of the creek and to stabilize disturbed areas. Straw bales shall be used for temporary control measures and jute netting should be used to permanently stabilize slopes. Any park projects shall be required to include a site preservation program during construction phases. b. Limits of site disturbance shall be clearly and physically defined as well as enforced in order to minimize disturbance to other areas in the park. (Ord. 29(2005) § 30: Ord. 4(1986) § 1) 12-11-7: DESIGN REVIEW FEE: The town council shall set a design review fee schedule sufficient to cover the cost of town staff time, consultant fees, and incidental expense. (Ord. 29(2005) § 30: Ord. 39(1983) § 1) 12-11-8: PERFORMANCE BOND: The building official shall not issue a final certificate of occupancy for structures which have obtained design review approval until upon inspection it is determined that the project is constructed in accordance with the approved design review application and plans, and all improvements, amenities and landscaping have been installed. The building official may issue a temporary certificate of occupancy not to exceed two hundred ten (210) days upon the applicant posting with the department of community development a performance bond or other security acceptable to the town council in the sum of one hundred twenty five percent (125%) of the bona fide estimate of the cost of installing landscaping and paving and other accessory improvements provided for in the approved design review application and plans. If said landscaping, paving, and other accessory improvements are not installed by the applicant within the period allowed, the temporary certificate of occupancy may be revoked until the same are installed by the applicant or by the town pursuant to the terms of the December 3, 2019 - Page 53 of 205 performance bond or other accepted security that has been approved by the town. (Ord. 29(2005) § 30: Ord. 5(2003) § 15: 1997 Code: Ord. 39(1983) § 1) 12-11-9: ADMINISTRATIVE POLICIES: (Rep. by Ord. 2(2003) § 1) 12-11-10: APPEAL TO TOWN COUNCIL: (Rep. by Ord. 2(2003) § 1) 12-11-11: ENFORCEMENT; INSPECTION: Before occupying or using any structure included in a design review application, the applicant must obtain an occupancy certificate after inspection by the department of community development. The department of community development shall inspect the site to ensure that the work has been completed in accordance with the application and plans approved by the design review board. It shall be the duty of the property owner or his/her authorized agent to notify the department of community development that such work is ready for inspection in order to ascertain compliance with approved plans. If the project is found upon inspection to be fully completed and in compliance with the approved design review application and plans, the department of community development shall issue a final certificate of occupancy. If the project is found to be completed in such a manner that a temporary certificate of occupancy may be issued as specified by the adopted building code, the applicant shall post a bond as set forth in section 12-11-8 of this chapter. Upon forfeiture of said bond or surety, the town shall proceed to install the improvements for which bond or surety was posted. In the event that the cost of installing the improvements exceeds the amount of the bond, the owner of said property shall be individually liable to the town for the additional costs thereof. Furthermore, the amount that the cost of installing said improvements exceeds the amount of the performance bond shall automatically become a lien upon any and all property included within the design review application. (Ord. 29(2005) § 30: Ord. 31(2001) § 10: Ord. 39(1983) § 1) 12-11-12: LAPSE OF DESIGN REVIEW APPROVAL: Approval of the design of a project as prescribed by this chapter shall lapse and shall become void one year following the date of final approval of the project unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion. However, if there have been no zoning revisions or revisions or amendments to these guidelines which would alter the conditions under which the approval was given, the community development staff may extend the period of approval. (Ord. 39(1983) § 1) December 3, 2019 - Page 54 of 205 Chapter 21 HAZARD REGULATIONS 12-21-1: PURPOSE: 12-21-2: DEFINITIONS: 12-21-3: MASTER HAZARD PLANS: 12-21-4: APPROVAL OF MASTER PLANS: 12-21-5: TOWN MANAGER TO ACCUMULATE INFORMATION: 12-21-6: SUPPLEMENTAL STUDIES BY APPLICANT: 12-21-7: REPORT TO TOWN COUNCIL: 12-21-8: INTERPRETATION: 12-21-9: DISCLAIMER OF LIABILITY: 12-21-10: DEVELOPMENT RESTRICTED: 12-21-11: FLOOD HAZARD ZONES: 12-21-12: RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES: 12-21-13: RESTRICTIONS IN GEOLOGICALLY SENSITIVE AREAS: 12-21-14: RIGHT OF APPEAL: 12-21-15: REQUIREMENT OF BOND: 12-21-1: PURPOSE: The purpose of this chapter is to help protect the inhabitants of the town from dangers relating to development of floodplains, avalanche paths, steep slopes, wildfire hazard areas and geologically sensitive areas; to regulate the use of land areas which may be subject to wildfire, flooding and avalanche or which may be geologically sensitive; and further to regulate development on steep slopes; to protect the economic and property values of the town, to protect the aesthetic and recreational values and natural resources of the town, which are sometimes associated with floodplains, wildfire hazard areas, avalanche areas and areas of geological sensitivity and slopes; to minimize damage to public facilities and utilities and minimize the need for relief in cleanup operations; to give notice to the public of certain areas within the town where floodplains, wildfire hazard areas, avalanche areas and areas of geologic sensitivity exist; and to promote the general public health, safety and welfare. (Ord. 5(1985) § 1: Ord. 12(1978) § 4) 12-21-2: DEFINITIONS: For the purposes of this chapter, the words contained in this section are defined as follows: ALLUVIAL FAN FLOODING: Flooding occurring on the surface of an alluvial fan or similar landform, which originates at the apex and is characterized by high velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. APEX: A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. AREA OF SHALLOW FLOODING: A designated AO, AH, or VO zone on a community's December 3, 2019 - Page 55 of 205 flood insurance rate map (FIRM) with a one percent (1%) chance or greater annual chance of flooding to an average depth of one to three feet (3') where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year. BASE FLOOD ELEVATION: The elevation shown on a FEMA flood insurance rate map for zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE that indicates the water surface elevation resulting from a flood that has a one percent (1%) chance of equaling or exceeding that level in any given year. BASEMENT: Any area of the building having its floor subgrade (below ground level) on all sides. BLUE HAZARD AVALANCHE AREA: An area impacted by a snow producing a total static and dynamic pressure less than six hundred (600) pounds per square foot on a flat surface normal to the flow and/or a return interval in excess of twenty five (25) years. CONDITIONAL LETTER OF MAP REVISION (CLOMR): FEMA's comment on a proposed project, which does not revise an effective floodplain map, that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodplain. CRITICAL FACILITY: A structure or related infrastructure, but not the land on which it is situated, as specified in subsection 12-21-11I of this chapter, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood. CRITICAL FEATURE: An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT: Any manmade change in improved and unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING: A nonbasement building: a) built, in the case of a building in zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water and b) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of December 3, 2019 - Page 56 of 205 zones V1-30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls if the breakaway walls met the standards of section 60.3(e)(5) of the national flood insurance program regulations. EXISTING CONSTRUCTION: For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM. "Existing construction" may also be referred to as "existing structures". FLOOD HAZARD ZONE: The land in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year. The area is designated as zones A, AE, AH, AO, A1-99, VO, V1-30, VE or V, on the flood insurance rate map (FIRM). FLOOD INSURANCE RATE MAP (FIRM): An official map on which the federal emergency management agency has delineated both the special flood hazard areas (SFHA) and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY: The official report provided by the federal emergency management agency that includes flood profiles and water surface elevation of the base flood as well as the flood boundary-floodway map. FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from: A. The overflow of inland or tidal waters. B. The unusual and rapid accumulation or runoff of surface waters from any source. FLOOD PROTECTION SYSTEM: Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations. FLOODPLAIN OR FLOOD PRONE AREA: Any land area susceptible to being inundated by water from any source (see definition of Flood Or Flooding). FLOODPROOFING: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. December 3, 2019 - Page 57 of 205 FLOODWAY (REGULATORY FLOODWAY): The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. FUNCTIONALLY DEPENDENT USE: A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long term storage or related manufacturing facilities. GEOLOGICALLY SENSITIVE AREA: An area within the town of Vail which may be subject to rockfalls, mudflows, debris flows, debris avalanches, and unstable soil, slopes or rocks. HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. HISTORIC STRUCTURE: Any structure that is: A. Listed individually in the national register of historic places (a listing maintained by the department of interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the national register; B. Certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district; C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the secretary of interior; or D. Classified as historically significant per title 10, chapter 2, "Special Historic And Architectural Structures", of this code. LETTER OF MAP REVISION (LOMR): FEMA's official revision of an effective flood insurance rate map (FIRM), or flood boundary and floodway map (FBFM), or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or special flood hazard area (SFHA). LETTER OF MAP REVISION BASED ON FILL (LOMR-F): FEMA's modification of the special flood hazard area (SFHA) shown on the flood insurance rate map (FIRM) based on the placement of fill outside the existing regulatory floodway. LEVEE: A manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. December 3, 2019 - Page 58 of 205 LEVEE SYSTEM: A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirement of section 60.3 of the national flood insurance program regulations. MEAN SEA LEVEL: For purposes of the national flood insurance program, the national geodetic vertical datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced. NEW CONSTRUCTION: For the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after December 4, 2007, and includes any subsequent improvements to such structures. 100-YEAR FLOODPLAIN: See the definition of Flood Hazard Zone. RECREATIONAL VEHICLE: A vehicle which is: A. Built on a single chassis; B. Four hundred (400) square feet or less when measured at the largest horizontal projections; C. Designed to be self-propelled or permanently towable by a light duty truck; and D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. RED HAZARD AVALANCHE AREA: Any area impacted by a snow avalanche producing a total static and dynamic pressure in excess of six hundred (600) pounds per square foot on a flat surface normal to the flow and/or a return interval of less than twenty five (25) years. SLOPE: As defined in section 12-2-2 of this title. SPECIAL FLOOD HAZARD AREA: The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year, i.e., the 100-year floodplain. START OF CONSTRUCTION (For Other Than New Construction Or Substantial Improvements Under The Coastal Barrier Resources Act (Pub. L. 97-348)): Includes substantial December 3, 2019 - Page 59 of 205 improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure. Market value shall be determined by a qualified assessor designated by the administrator. The market value of a structure is determined either: A. Before the improvement or repair is started; or B. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions. VIOLATION: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in section 60.3(b)(5), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION: The height, in relation to the national geodetic vertical datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. WILDFIRE HAZARD AREA: For the purposes of this code a wildfire hazard area is defined as an area at elevated risk to public safety from wildland fire. Wildfire hazard areas contain or are surrounded by vegetation, live or dead, which has the potential to December 3, 2019 - Page 60 of 205 burn and cause public safety hazards. All of the Town town of Vail is within a wildfire hazard area. ZONE OF INFLUENCE: Any area in a potential avalanche hazard zone where detailed information is not currently available but which may be impacted by said hazard. These zones of influence shall be designated on the appropriate maps of the administrator of the town. (Ord. 19(2013) § 1) 12-21-3: MASTER HAZARD PLANS: The town manager shall formulate and develop master hazard plans for the town. Said hazard plans shall be based on engineering studies and shall indicate the location of known floodplains, avalanche, wildfire hazard areas and geological hazard zones of influence, known red and blue avalanche and geological hazard areas, and forty percent (40%) slope areas. In addition, the plans may show any other information or data deemed to be desirable by the town manager. Maximum citizen participation during the formulation of the master hazard plans as well as other phases of the information implementation of the hazard studies and regulations shall be encouraged. The purpose of the master hazard plans is to identify and alleviate present and future problems created by the construction of improvements in the hazard areas within the town by means of presenting in an orderly fashion the general data and information which are essential to the understanding of the relationship between the hazards and improvements located within said areas. The master hazard plans may be altered from time to time to conform to new information or existing conditions. (Ord. 29(2005) § 43: Ord. 12(1978) § 4) 12-21-4: APPROVAL OF MASTER PLANS: The master hazard plans shall not be considered to be official hazard master plans of the town until and unless the town council adopts the same, by motion. No substantial modification of the master hazard plan shall be made unless it is first approved by the town council in a similar manner. As soon as the master hazard plans are adopted, or portions thereof are adopted, a copy of it shall be placed on file in the office of the town clerk, where it may be inspected by any interested party during normal business hours. (Ord. 12(1978) § 4) 12-21-5: TOWN MANAGER TO ACCUMULATE INFORMATION: The town manager, with the advice and approval of the planning and environmental commission, shall continue to study and accumulate information as to hazard areas. When additional information is available, it shall be reviewed by the planning and environmental commission and added to the master hazard plans. (Ord. 12(1978) § 4) 12-21-6: SUPPLEMENTAL STUDIES BY APPLICANT: If an application is made to build in an identified avalanche hazard zone of influence or modification to the floodplain, the administrator may require the applicant to conduct supplemental studies as specified in this chapter. The information submitted by the applicant following completion of said studies shall be viewed by the town staff and the planning and environmental commission and may be added to the master hazard plans. (Ord. 12(1978) § 4) 12-21-7: REPORT TO TOWN COUNCIL: December 3, 2019 - Page 61 of 205 The town manager shall report to the town council not less than once each year on any additions that have been made to the master hazard plan. (Ord. 12(1978) § 4) 12-21-8: INTERPRETATION: The provisions of this chapter shall be deemed to be minimum requirements. Nothing herein shall impair the obligations of or interfere with private agreements in excess of the minimum requirements. Where this chapter imposes a restriction different from that imposed by other applicable provisions of law, contract, or deed, the more restrictive provision shall control. (Ord. 5(1985) § 3) 12-21-9: DISCLAIMER OF LIABILITY: This chapter is based on scientific and engineering considerations which are continually being developed. Compliance with the provisions herein cannot ensure freedom from risk to life, safety or property. This section shall not create liability on the part of the town or any officer or employee thereof for any damage that may result from reliance on this chapter, or any administrative decision lawfully made hereunder. The designation of certain areas as hazard areas or geologically sensitive areas pursuant to maps incorporated into this chapter does not imply in any way that areas not so designated are free from all risk to life, safety or property. (Ord. 5(1985) § 4) 12-21-10: DEVELOPMENT RESTRICTED: A. No structure shall be built in any flood hazard zone or red avalanche hazard area. No structure shall be built on a slope of forty percent (40%) or greater except in single-family residential, two-family residential, or two-family primary/secondary residential zone districts. The term "structure" as used in this section does not include recreational structures that are intended for seasonal use, not including residential use. B. Structures may be built in blue avalanche hazard areas provided that proper mitigating measures have been taken. C. The administrator may require any applicant or person desiring to build in an avalanche hazard zone of influence to submit a definitive study of the hazard area in which the applicant proposes to build if the town's master hazard plan does not contain sufficient information to determine if the proposed location is in a red hazard or blue hazard area. The requirement for additional information and study shall be done in accord with chapter 12 of this title. D. The administrator may require any applicant or person desiring to build in an identified blue avalanche hazard zone to submit additional information or reports as to whether or not improvements are required to mitigate the possible hazard. If mitigation is required, said information and report should specify the improvements proposed in the blue avalanche hazard zone. The required information and reports shall be done in accordance with chapter 12 of this title. (Ord. 28(2007) § 4: Ord. 29(2005) § 44: Ord. 16(1983) § 1: Ord. 12(1978) § 4) December 3, 2019 - Page 62 of 205 12-21-11: FLOOD HAZARD ZONES: A. Lands To Which This Chapter Applies: This chapter shall apply to all special flood hazard areas and areas removed from the floodplain by the issuance of a FEMA letter of map revision based on fill (LOMR-F) within the jurisdiction of the town of Vail, Colorado. B. Purpose: To promote public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of public money for costly flood control projects; 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; 6. Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize future flood blight areas; 7. Ensure that potential buyers are notified that property is in a flood area; 8. Ensure that those who occupy the floodplain assume the responsibility for their actions; 9. Protect the natural areas required to convey flood flows and retain flow characteristics; and 10. Obtain and maintain the benefits to the community of participating in the national flood insurance program. C. Basis For Establishing Special Flood Hazard Areas: Special flood hazard areas identified by the federal emergency management agency in a scientific and engineering report entitled, "The Flood Insurance Study For Eagle County, Colorado, And Incorporated Areas" dated December 4, 2007, with accompanying flood insurance rate maps and any revisions thereto are hereby adopted by reference and declared to be a part of this chapter. D. Designation Of The Floodplain Administrator: The town engineer or designee is hereby appointed the floodplain administrator to administer and implement the provisions of this chapter and other appropriate sections of 44 CFR (national flood insurance program regulations) pertaining to floodplain management. December 3, 2019 - Page 63 of 205 E. Duties And Responsibilities Of The Floodplain Administrator: Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following: 1. Maintain and hold open for public inspection all records pertaining to the provisions of this chapter. 2. Review all permit applications to ensure that the requirements of this chapter have been satisfied and that the proposed improvement will be reasonably safe from flooding. 3. Review, approve or deny floodplain use and modification permits to determine whether proposed improvements meet the provisions of this chapter. 4. Review evidence prior to the issuance of a floodplain use permit that all necessary permits have been obtained from those federal, state, or local government agencies from which prior approval is required. Conditional floodplain use permits may be issued contingent upon receipt of the above mentioned agency permits. 5. Review and verify that no new habitable structure is constructed within the special flood hazard area. 6. Review and verify that a licensed professional engineer or professional land surveyor certified the location of the 100-year floodplain on all development applications that are adjacent to, or partially located within the 100-year floodplain, that are proposing improvements that may affect the floodplain. 7. Where interpretation is needed as to the exact location of the boundaries of the special flood hazard areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the floodplain administrator shall make the necessary interpretation. 8. Notify, in riverine situations, adjacent communities and the Colorado water conservation board, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal emergency management agency. 9. Assure that the flood carrying capacity within any altered or relocated portion of any watercourse is maintained. 10. When base flood elevation data have not been provided in accordance with subsection C of this section, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from federal, state or other source, in order to administer the provisions of subsection G of this section. 11. When a regulatory floodway has not been designated, the floodplain administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all December 3, 2019 - Page 64 of 205 other existing and anticipated development, will not increase the water surface elevation of the base flood more than one-half foot (1/2') at any point within the community. 12. Under the provisions of 44 CFR chapter 1, section 65.12, of the national flood insurance program regulations, a community may approve certain development in zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one-half foot (1/2'), provided that the community first applies for a conditional FIRM revision through FEMA (conditional letter of map revision). F. Floodplain Permits: 1. Floodplain Use Permit: a. Purpose: The floodplain use permit is a permit to allow temporary grading within the floodplain and allow for necessary public infrastructure improvements within the floodplain. A floodplain use permit may be issued under at least one of the following conditions: (1) Temporary grading in the floodplain approved by the floodplain administrator, in which the site is returned to its existing grade and conditions; (2) Utility construction/maintenance within the floodplain approved by the floodplain administrator which is deemed to have an insignificant impact to the 100-year floodplain; (3) Stream bank stabilization within the floodplain approved by the floodplain administrator and is deemed to have an insignificant impact to the floodplain; (4) Public infrastructure construction/maintenance approved by the floodplain administrator including, but not limited to, roads, bridges, recreation paths, walks, stream drop structures, and stream erosion control measures which are deemed to have an insignificant impact to the floodplain; b. Floodplain Use Permit Application Submittal Requirements: Applicants shall provide the following information prior to design review or any review by the planning and environmental commission: (1) Site plan at an engineering scale showing the location, dimensions, and elevations of the proposed landscape/grade alterations, existing and proposed structures, relevant landscape/topographic features, and the location of the foregoing in relation to the 100-year floodplain. The floodplain line shall be provided on a plan certified by a licensed professional engineer or land surveyor. (2) Detailed topographic cross sections provided by a licensed professional surveyor of the area proposed to be altered, showing existing and proposed conditions. December 3, 2019 - Page 65 of 205 (3) Description of the extent to which any floodplain will be altered including why, when, how, and when it will be replaced back to its original configuration, and addressing each relevant criterion in subsection F3 of this section. (4) Copy of all other necessary approved permits (i.e., building permit, public way permit, ACOE permit, dewatering permit, DOW permit, CDHPE permit, etc.). (5) If required by the floodplain administrator, an engineered floodplain analysis of the impacts to the floodplain prepared by a qualified licensed professional engineer. (6) Submitted application for a conditional FIRM and floodway revision through FEMA, if applicable. (7) Any additional information deemed necessary by the floodplain administrator. 2. Floodplain Modification Permit: a. Purpose: A floodplain modification permit is a permit to allow construction of improvements and/or modifications to the adopted floodplain for all other uses, improvements, or modifications to or within the floodplain that do not fall within the guidelines of the floodplain use permit. However, no habitable structures or improvements shall be allowed to be constructed within the floodplain. b. Floodplain Modification Application Submittal Requirements: Applicants shall provide the following information prior to design review or any review by the planning and environmental commission: (1) Elevation of the lowest floor (including basement and crawl space) of all new and substantially improved structures within or adjacent to the floodplain. (2) Description of the extent to which any floodplain will be altered including why, when, how, and when it will be replaced back to its original configuration, and addressing each relevant factor in subsection F3 of this section. (3) Signature of the owners of all property subject to an impact by the proposed improvement. (4) A site plan drawn to an engineering scale showing the location, dimensions, and elevations of the proposed landscape/grade alterations, existing and proposed structures, relevant landscape/topographic features, and the location of the foregoing in relation to the 100-year floodplain. The floodplain line shall be provided on a plan certified by a licensed professional engineer or land surveyor. (5) Detailed topographic cross sections provided by a licensed professional surveyor of the area proposed to be altered, showing existing and proposed conditions. December 3, 2019 - Page 66 of 205 (6) Copy of all other necessary approved permits (i.e., building permit, public way permit, ACOE permit, dewatering permit, DOW permit, CDHPE permit). (7) An engineered floodplain analysis of the impacts to the floodplain prepared by a qualified licensed professional engineer. (8) Copy of submitted application for a conditional FIRM and floodway revision through FEMA, if applicable. (9) Environmental impact report, per chapter 12 of this title. (10) Any additional information deemed necessary by the floodplain administrator. 3. Review, Criteria And Findings: At the discretion of the floodplain administrator, floodplain use permits may be reviewed by the floodplain administrator or the PEC. All floodplain modification permits shall be reviewed and approved by the floodplain administrator and the PEC. a. Criteria: The following factors shall be used to make a determination in issuance of floodplain permits: (1) The effects upon the efficiency or capacity of the floodway; (2) The effects upon persons and personal property upstream, downstream and in the immediate vicinity; (3) The effects upon the 100-year flood profile and channel stability; (4) The effects upon any tributaries to the main stream, drainage ditches and any other drainage facilities or systems; (5) The danger to life and property due to flooding or erosion damage; (6) The susceptibility of the proposed improvement and its contents to flood damage and the effect of such damage on the individual owner; (7) The danger that materials may be swept onto other lands to the injury of others; (8) The compatibility of the proposed use with existing and anticipated development; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; December 3, 2019 - Page 67 of 205 (11) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; (12) The effect the proposed changes will have any adverse environmental effect on the watercourse including, without limitation, erosion of stream banks and stream side trees and vegetation and wildlife habitat; (13) The necessity to the facility of a waterfront location, where applicable; (14) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (15) The relationship of the proposed use to the comprehensive plan for that area. b. Findings: The following findings shall be made before granting of a floodplain permit: (1) That the proposed use or modification adequately addresses the findings in subsection F3a of this section, as determined by the floodplain administrator, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved; (2) That the proposed use or modification is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and (3) That the proposed use or modification is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and (4) That the proposed use or modification 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. 4. Permit Fees: The town council shall set a floodplain permit schedule sufficient to cover the cost of town staff time, consultant fees, and incidental expense. 5. Expiration Of Permit: A floodplain permit shall expire two (2) years after its date of issuance if the permittee has not started construction under the permit. G. Provisions For Flood Hazard Reduction: 1. General Standards: In all special flood hazard areas, the following provisions are required for all new construction and substantial improvements: December 3, 2019 - Page 68 of 205 a. Habitable structures or improvements shall not be permitted to be constructed within the 100- year floodplain. Improvements that may be approved for construction within the 100-year floodplain include: (1) Temporary grading in the floodplain approved by the floodplain administrator, in which the site is returned to its existing grade and conditions; (2) Utility construction/maintenance within the floodplain approved by the floodplain administrator which is deemed to have an insignificant impact to the floodplain; (3) Stream bank stabilization within the floodplain approved by the floodplain administrator and is deemed to have an insignificant impact to the floodplain; (4) Public infrastructure construction/maintenance approved by the floodplain administrator including, but not limited to, roads, bridges, recreation paths, walks, stream drop structures, and stream erosion control measures which are deemed to have an insignificant impact to the floodplain; b. An insignificant impact to the floodplain shall be defined as: An improvement in the floodplain that is a public benefit that meets the criteria set out in subsection G1a of this section and causes no negative impacts to adjacent properties and no permanent localized cumulative increase in the adopted base flood elevations (BFE) greater than 0.25 vertical feet. The applicant shall apply for a conditional FIRM and floodway revision through FEMA, if applicable; c. All new structures or improvements, unless otherwise specifically provided for within this chapter, shall not influence the 100-year floodplain and shall maintain a minimum clear distance from the 100-year floodplain of one foot (1') in both the horizontal and vertical directions; d. Floor plans and elevations illustrating that the lowest floor elevations including basement, together with attendant utility and sanitary facilities, of the new or substantially improved structure, shall be elevated to at least one foot (1') above the base flood elevation; e. All approved new or modified improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the improvement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; f. All new approved construction or modified improvements shall be constructed by methods and practices that minimize flood damage; g. All new approved construction or modified improvements shall be constructed with materials resistant to flood damage; h. All existing nonconforming structures located within the 100-year floodplain that may require maintenance shall not negatively impact the adopted BFEs or adjacent properties in any way, unless as provided by subsection G1a of this section; and shall increase conformity and flood December 3, 2019 - Page 69 of 205 protection as required by the floodplain administrator (i.e., floodproofing, flotation prevention, flood resistant materials, etc.); i. All existing nonconforming structures that may require maintenance to operational systems that are within the floodplain shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; j. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system; k. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters; and l. On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 2. Standards For Areas Of Shallow Flooding (AO/AH Zones): Located within the special flood hazard areas established in subsection C of this section, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three feet (3') where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: a. All new construction and substantial improvements of residential structures have the lowest floor (including basement, together with attendant utility and sanitary facilities) elevated one foot (1') above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 3 feet if no depth number is specified). b. All new construction and substantial improvements of nonresidential structures have the lowest floor (including basement, together with attendant utility and sanitary facilities) elevated one foot (1') above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 3 feet if no depth number is specified), or; together with attendant utility and sanitary facilities be designed so that one foot (1') above the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. c. A registered professional engineer or architect shall submit a certification to the floodplain administrator that the standards of this chapter are satisfied. d. Require within zones AH or AO adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures. December 3, 2019 - Page 70 of 205 3. Floodways: Floodways located within special flood hazard areas established in subsection C of this section, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: a. Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. b. If this subsection G is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this subsection G. c. Under the provisions of 44 CFR chapter 1, section 65.12, of the national flood insurance regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA. H. Properties Removed From Floodplain By Fill: 1. Permit: A floodplain permit shall not be issued for the construction of a new structure or addition to an existing structure on a property removed from the floodplain by the issuance of a FEMA letter of map revision based on fill (LOMR-F), unless such new structure or addition complies with the following: a. Residential construction: The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one foot (1') above the base flood elevation that existed prior to the placement of fill. b. Nonresidential construction: The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one foot (1') above the base flood elevation that existed prior to the placement of fill, or together with attendant utility and sanitary facilities be designed so that the structure or addition is watertight to at least one foot (1') above the base flood level that existed prior to the placement of fill with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. I. Critical Facilities: 1. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the regulatory floodplain. December 3, 2019 - Page 71 of 205 2. Construction of new critical facilities in the regulatory floodplain shall be permissible if no feasible alternative site is available, provided: a. Critical facilities shall have the lowest floor elevated three feet (3') above the base flood elevation or to the height of the 500-year flood, whichever is higher. If there is no available data on the 500-year flood, the permit applicants shall develop the needed data in accordance with FEMA mapping guidelines. b. Access to and from the critical facility shall be protected to the elevation of the 500-year flood. (Ord. 19(2013) § 2) 12-21-12: RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES: "Slope" is the gradient or configuration of the undisturbed land surface prior to site improvement of a lot, site, or parcel which shall be established by measuring the maximum number of feet in elevation gained or lost over each ten feet (10') or fraction thereof measured horizontally in any direction between opposing lot lines; the relationship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentile as a means of quantifying the term "slope". In determination of "slope" as defined herein, for use in establishing buildable area requirements and maximum floor area ratio limitations on existing and proposed lots, a grid system based on ten foot (10') modules shall be superimposed on a topographic map of the subject property and the lot slope determination established by the defined method for each one hundred (100) square foot grid portion of the tract, lot or portion thereof. The following additional special restrictions or requirements shall apply to development on any lot in a hillside residential, single-family residential, two-family residential or two-family primary/secondary residential district where the average slope of the site beneath the existing or proposed structure and parking area is in excess of thirty percent (30%): A. A soil and foundation investigation, prepared by and bearing the seal of a registered professional engineer shall be required. B. Foundations must be designated and bear the seal of a registered professional engineer. C. A topographic survey prepared by a registered surveyor, with contour intervals of not more than two feet (2'), shall be required. D. Structures must be designed by a licensed architect. E. Site coverage as it pertains to this chapter, as permitted by sections 12-6A-9, 12-6B-9, 12-6C- 9 and 12-6D-9 of this title, is amended as follows: 1. Not more than ten percent (10%) of the total site area may be covered by driveways and surface parking. December 3, 2019 - Page 72 of 205 2. In order to protect the natural landform and vegetation on steep slopes, not more than sixty percent (60%) of the total site area may be disturbed from present conditions by construction activities. The design review board (DRB) may approve site disturbance in excess of the sixty percent (60%) maximum if specific design criteria warrant the extent of the requested deviation. F. A site grading and drainage plan shall be required. G. A detailed plan of retaining walls or cuts and fills in excess of five feet (5') shall be required. H. A detailed revegetation plan must be submitted. I. The administrator may require an environmental impact report as provided in section 12-12-2 of this title. J. A minimum of one covered parking space shall be provided for each dwelling unit. K. Setbacks, as they apply to this chapter, as required by sections 12-6A-6, 12-6B-6, 12-6C-6 and 12-6D-6 of this title, are amended as follows: There shall be no required front setback for garages, except as may be required by the design review board. Garages located in the front setback, as provided for in this section, shall be limited to one story in height (not to exceed 10 feet) with the addition of a pitched or flat roof and subject to review and approval by the design review board. L. Retaining walls up to six feet (6') in height may be permitted in the setback by the design review board when associated with a permitted garage as referenced in subsection K of this section. (Ord. 28(2007) § 8: Ord. 17(2006) § 1: Ord. 29(2005) § 45: Ord. 5(2001) § 3: Ord. 2(1995) § 1: Ord. 13(1994) § 1) 12-21-13: RESTRICTIONS IN GEOLOGICALLY SENSITIVE AREAS: A. Maps Adopted: The following maps are hereby adopted as the official maps of the town, identifying areas of geologic sensitivity: 1. The debris flow and debris avalanche hazard analysis map prepared by Arthur I. Mears, P.E., Inc., and dated November 1984. 2. The rockfall map prepared by Schmueser and Associates, Inc., and dated November 29, 1984. 3. All areas within the boundaries of the geologic hazards map, figure 3, prepared by Lincoln DeVore Engineers, Geologists and dated August 16, 1982. B. Investigation: 1. In any area located within the boundaries of the Lincoln DeVore map, or in any area identified as a debris flow or debris avalanche area by the Mears map, or in any area identified as a rockfall December 3, 2019 - Page 73 of 205 area by the Schmueser map, no initial application for a building permit, grading permit or major or minor subdivision shall be approved until a site specific geologic investigation is complete. For the purpose of this section, a site specific geologic investigation shall be deemed a detailed geologic investigation which is applicable to each respective site. All reports and studies required by this section shall be prepared by a "professional geologist", as defined by Colorado Revised Statutes section 34-1-01, as amended, or a "registered professional engineer", as defined by Colorado Revised Statutes section 12-25-102, as amended, under the direction of and at the expense of the owner/applicant and submitted to the department of community development. 2. The extent of the site specific ecologic investigation required shall be determined by the geologist or engineer who is responsible for the investigation; however, the investigation shall be of sufficient thoroughness and accuracy to allow such expert to certify to the following: a. For all structures other than single-family and two-family dwellings, and "accessory uses" thereto as defined in section 12-6C-4 of this code: (1) Whether the geologic conditions are such that the site can or cannot be developed for the specific structure or use proposed without corrective engineering or engineered construction, or other mitigation or alterations. (2) Whether corrective engineering or engineered construction, or other mitigation or alterations can or cannot be accomplished to reduce the danger to the public health, safety or to property due to problems related to geologic sensitivity to a reasonable level, and not increase the hazard to other properties or structures, or to public buildings, rights of way, roads, streets, easements, utilities or facilities or other properties of construction. b. For single-family and two-family dwellings, and "accessory uses" thereto as defined in section 12-6C-4 of this title, the site specific geologic investigation shall certify to the following: (1) Whether the site can be developed for the specific structure or use proposed without corrective engineering or engineered construction or other mitigation or alterations; or (2) That the site is a geologically sensitive area but development will not increase the hazard to other property or structures, or to public buildings, rights of way, roads, streets, easements, utilities or facilities or other properties of any kind. C. Development Plan Or Building Permit: Following the completion of the site specific geological investigation and its review by the department of community development, a development plan may be approved or a building permit may be issued as follows: 1. For all structures other than single-family and two-family dwellings, and "accessory uses" thereto as defined in section 12-6C-4 of this title: a. If the conclusion of the engineer or geologist performing the investigation is that the site can be developed for the specific structure or activity proposed without corrective engineering or engineered construction or other mitigation or alterations, the subdivision plan or building permit December 3, 2019 - Page 74 of 205 or grading permit may be approved without conditions relating to the mitigation of the areas of geologic sensitivity. b. If the finding of the engineer or geologist performing the geologic investigation is that the site is a geologically sensitive area, but that corrective engineering or engineered construction or other mitigation or alterations can be accomplished to reduce the danger to the public health and safety or to property to a reasonable level, and such mitigation does not increase the hazard to other property or structures, or to public buildings, roads, streets, rights of way, easements, utilities or facilities, approval of the development plan and/or the issuance of the building or grading permit shall be conditional and contingent upon approval of plans for corrective engineering and engineered construction or other litigation or alterations as set forth in this title. c. If the conclusion of the geologist or engineer performing the site specific geologic investigation is that the site cannot be developed for the structure or use proposed because the danger posed by the geologically sensitive area cannot be reduced or mitigated to a reasonable level, the subdivision plan or building permit or grading permit shall be denied. 2. For single-family and two-family dwellings, and "accessory uses" thereto as defined in section 12-6C-4 of this title: a. If the conclusion of the engineer or the geologist performing the investigation is that the site can be developed for the specific structure or use proposed without corrective engineering or engineered construction or other mitigation or alterations, or that the site is a geologically sensitive area, but will not increase the hazard to other property or structures or to public buildings, roads, streets, rights of way, easements, utilities or facilities, a grading permit or building permit may be issued. b. If the finding of the engineer or geologist performing the site specific geologic investigation is that the site is a geologically sensitive area, but that corrective engineering or engineered construction or other mitigation or alterations can be accomplished so that there is no increased hazard to other property or structures, or to public buildings, roads, streets, rights of way, easements, utilities or facilities, the issuance of a building or grading permit shall be conditional and contingent upon approval of plans for corrective engineering or engineered construction or other mitigation or alterations as set forth in this section. c. If the conclusion of the geologist or engineer performing the site specific geologic investigation is that the site cannot be developed for the structure proposed because the danger posed by the geologically sensitive area cannot be reduced or mitigated so that the hazard to other properties or structures will not increase from the present level or the hazard to public buildings, roads, streets, rights of way, easements, utilities and facilities will not increase from the present level, then the building permit or grading permit shall be denied. D. Construction Requirements: The following requirements shall pertain to the construction of any building or structure to be built in an identified or designated area of geologic sensitivity and which requires corrective engineering or engineered construction or other mitigation or December 3, 2019 - Page 75 of 205 alterations to reduce the danger to public health and safety or to property due to such problems as set forth in subsections C1b or C2b of this section: 1. The certified site specific reports and plans required by this subsection shall be prepared by each engineer and geologist as applicable to their area of expertise and specialty and shall certify that: a. Adequate base data as may be pertinent has been provided. b. Said base data is utilized in the design and planning of the proposed project or structure. c. Design and construction procedures derived from said base data are executed. d. Design and construction will reduce danger to the public health, safety or property due to geologic sensitivity to a reasonable level. 2. No certificate of occupancy, temporary or permanent, shall be issued until the following have been approved by the department of community development or its authorized representatives: a. Inspection and certification by the town building official and the engineer or geologist who prepared the plans and specifications that the work was properly performed in accordance with the plans and specifications. b. If the engineer, geologist, or building official of the town finds that the work is not being done in accordance with the approved plans and specifications, the discrepancy shall be reported immediately in writing to the contractor and to the department of community development. Recommendations for corrective measures, if necessary, shall also be submitted. c. All geologic reports prepared under this section shall be signed by and prepared by or under the responsible direction of "professional geologists" as defined by Colorado Revised Statutes section 34-1-201, as amended. Such professional geologist shall be experienced and competent in the geologic specialty required to meet the objectives of this chapter. Such professional geologist shall be responsible for certification of all geologic maps and reports prepared by him/her under his/her responsible direction as specified in this section. All engineering reports required by this section shall be done by a "registered professional engineer" as defined by Colorado Revised Statutes section 12-25-102, as amended. E. Existing Uses Continued; Exceptions: Existing use of land, structures or premises which are not in conformity with the provisions of this regulation may be continued, except for the following: 1. No building permit will be issued for the exterior expansion, alteration or addition to existing structures in geologically sensitive areas except for windows, skylights and other similar minor alterations unless the requirements of subsections B through D of this section are complied with. December 3, 2019 - Page 76 of 205 2. Structures existing on the effective date hereof which are damaged or destroyed may be reconstructed without compliance to this section as long as said structure complies with other applicable ordinances and is constructed to substantially the same dimensions as existed prior to damage or destruction, unless given approval by the town to alter the design. F. Notice Requirements: In order to provide reasonable notice to the public of the problems related to geologically sensitive areas, the following notice regulations and requirements are hereby adopted for all real property and structures located in geologically sensitive areas: 1. All subdivision plats recorded after the effective date hereof shall identify and designate each lot and block, or portions thereof, located within any geologically sensitive area, together with applicable subzone designations, by a stamp or writing in a manner providing reasonable notice to interested parties. 2. All plans submitted after the effective date hereof with the building permit application for property within said areas shall be stamped by the applicant "Geologically Sensitive Area" together with the applicable zone designation. 3. Prior to the issuance of any building permit for construction within the geologically sensitive areas, the owner shall submit a written, signed and notarized affidavit certifying acknowledgment of receiving personal notice of the fact that said building or structure is in an area of geologic sensitivity and notice of the studies conducted to date with regard thereto. 4. All owners, lessors or agents who rent, lease or sublet any structure or premises within an area of geologic sensitivity shall provide the tenant, lessee or subtenant with written notice that said property is located within said area prior to any lease being entered into or occupancy, whichever occurs first, if said rental lease or sublease will extend into the period of April 1 through July 1 of any year. 5. Each and every real estate agent, salesperson and broker, and each and every private party who offers for sale or shows a parcel of real estate and/or structure for sale within said area of geologic sensitivity, shall provide the prospective purchaser, with written notice that said real property and/or structure is located within said area of geologic sensitivity. Furthermore, written notice shall be made in all instances prior to the execution of any sales documents and shall state that this section and the studies and maps referred to in this section are available for public inspection at the office of the department of community development and that said maps, studies and this section should be reviewed prior to any party entering into any agreement or contract with regard thereto. G. Disputes; Procedure: In any case where a person wishes to dispute the designation of any property as a geologically sensitive area by one of the maps and studies adopted by this section, the following procedures shall be followed: 1. A written application shall be filed with the department of community development requesting such a hearing and providing a supporting site specific geologic investigation. December 3, 2019 - Page 77 of 205 2. A hearing shall be set on a date a minimum of thirty (30) days after the application has been filed to allow for a staff review. 3. At the hearing before the town council, the applicant shall be given a reasonable opportunity to present his/her case and submit technical and geologic evidence to support his/her claim. If the site specific geologic investigation establishes by clear and convincing evidence that the property should not be designated as a geologically sensitive area, the town council shall direct the department of community development to amend the map appropriately. H. Additions To Maps: In any case where a person wishes to have one of the official maps adopted by this title amended to notate more detailed site specific information is available, the following procedure shall be followed: 1. A written application shall be filed with the department of community development requesting such a hearing and providing a supporting site specific geologic investigation. 2. A hearing shall be set on a date not less than thirty (30) days after the application has been filed nor more than sixty (60) days to allow for a staff review. 3. If the applicant establishes at the hearing by clear and convincing evidence that the information contained in the site specific geologic investigation is reliable, the town council shall direct the department of community development to keep a copy of said site specific investigation on file in the department of community development and available to the general public and shall further direct the department of community development to notate the appropriate official map adopted by this chapter so that it indicates that said site specific investigation is on file with the department of community development. (Ord. 28(2007) § 9: Ord. 29(2005) § 46: Ord. 20(1985) § 1: Ord. 5(1985) § 5) 12-21-14: RESTRICTIONS IN WILDFIRE HAZARD AREAS All of the Town town of Vail is situated within a wildfire hazard zone. The natural vegetation surrounding and throughout the community is dependent on wildfire for regeneration and ecosystem health. The ecosystem is dependent upon infrequent, high severity stand replacing wildfire. Wildfires of this character can carry over many thousands of acres and burn for several weeks. Besides substantial flaming fronts, fires of this nature frequently send large quantities of embers miles outside of the main fire perimeter igniting additional spot fires. Due to the long and narrow layout of the town, no location within the Town town limits are outside the potential ember fall area from a wildfire. Structures built within the Town town shall be constructed and landscaped in a manor to resist ignition from wildfire flames and embers. Specific requirements for ignition resistant construction and landscaping are in 10-7A, 12-11 and 14-10. 12-21-1415: RIGHT OF APPEAL: December 3, 2019 - Page 78 of 205 Nothing in this chapter shall be deemed to deny any interested person his/her rights to appeal the decision of the administrator in accordance with section 12-3-3 of this title. In addition, nothing in this chapter shall be deemed to deny any interested person his/her rights to seek a variance from the requirements of this chapter. Variances shall be governed by the provisions of chapter 17 of this title. Variances specific to section 12-21-11, "Flood Hazard Zones", of this chapter shall be governed by chapter 17 of this title and may be granted under the following conditions: A. The appeal board may grant variances and place conditions upon them as it deems necessary to further the purpose and objectives of this chapter as stated in subsection 12-21-11B of this chapter. B. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the national register of historic places or the state inventory of historic places, upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. C. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (Ord. 19(2013) § 3) 12-21-15 16: REQUIREMENT OF BOND: Any applicant under this chapter may be required to post bond, a letter of credit, or other guarantee to ensure that the improvements, reports, or other requirements of this chapter are completed and complied with. (Ord. 28(2007): Ord. 12(1983) § 1) December 3, 2019 - Page 79 of 205 Proposed Text Amendment 14-2-1: DEFINITIONS OF WORDS AND TERMS: FLOOR AREA, GROSS: The total floor area within the enclosing walls of a structure including, but not limited to, the following: A. Areas specifically designed and used for mechanical equipment to operate the building. B. Stairways. C. Elevators. D. Common hallways. E. Common lobbies. F. Common restrooms. G. Areas designed and used for parking. H. Areas designed and used as storage which do not have direct access to an individual office or retail store, not to exceed five percent (5%) of the total proposed net floor area for office and not to exceed eight percent (8%) of the total proposed net floor area for retail. I. Areas that may be deducted from the gross residential floor area per Section 12-15-3 of this code. "Common areas" are spaces for which all tenants occupants in the building contribute toward the upkeep and maintenance thereof and are not used for employee working areas. December 3, 2019 - Page 80 of 205 Chapter 10 DESIGN REVIEW STANDARDS AND GUIDELINES 14-10-1: PURPOSE: 14-10-2: GENERAL COMPATIBILITY: 14-10-3: SITE PLANNING: 14-10-4: ARCHITECTURAL PROJECTIONS, DECKS, BALCONIES, STEPS, BAY WINDOWS, ETC.: 14-10-5: BUILDING MATERIALS AND DESIGN: 14-10-6: RESIDENTIAL DEVELOPMENT: 14-10-7: OUTDOOR LIGHTING: 14-10-8: LANDSCAPIN G, DRAINAGE, AND EROSION CONTROL: 14-10-9: FENCES, HEDGES, WALLS, AND SCREENING: 14-10-10: ACCESSORY STRUCTURES; UTILITIES; SERVICE AREAS: 14-10-11: SATELLITE DISH ANTENNAS: 14-10-12: COMMUNICATIONS ANTENNAS AND APPURTENANT EQUIPMENT: 14-10-1: PURPOSE: This chapter provides the design review standards and guidelines for development in the town of Vail. Actions of the staff and the design review board shall be guided by the objectives prescribed herein, the Vail Village urban design considerations and guide plan and the Lionshead redevelopment master plan, and by all of the applicable ordinances of the town and by the design guidelines in this chapter. (Ord., 9-21-1999) 14-10-2: GENERAL COMPATIBILITY: A. Structures shall be compatible with existing structures, their surroundings, and with Vail's environment. It is not to be inferred that buildings must look alike to be compatible. Compatibility can be achieved through the proper consideration of scale, proportions, site planning, landscaping, materials and colors, and compliance with the guidelines herein contained. B. Any building site in Vail is likely to have its own unique landforms and features. Whenever possible, these existing features should be preserved and reinforced by new construction. The objective is to fit the buildings to their sites in a way that leaves the natural landforms and features intact, treating the buildings as an integral part of the site, rather than as isolated objects at odds with their surroundings. (Ord., 9-21-1999) 14-10-3: SITE PLANNING: A. The location and configuration of structures and accessways shall be responsive to the existing topography of the site upon which they are to be located. Grading requirements resulting from development shall be designed to blend into the existing or natural landscape. Any cuts or fills shall be sculptural in form and contoured to blend with the existing natural undisturbed terrain within the property boundary. December 3, 2019 - Page 81 of 205 B. Building siting and access thereto shall be responsive to existing features of terrain rock outcroppings, drainage patterns, and vegetation. C. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those essential for development of the site, those identified as diseased, those essential for creating defensible space, and those found to impact view corridors as further regulated by title 12, chapter 22, "View Corridors", of this code. Mitigation may be required for tree removal. D. All areas disturbed during construction shall be revegetated. Replacement of disturbed soils and vegetation shall comply with the requirements of the Vail Fire and Emergency Services Fire-Resistant Landscaping guidelines.Section 14-10-8 of this code If necessary, the design review board may designate allowable limits of construction activity and require physical barriers in order to preserve significant natural features and vegetation upon a site and adjacent sites during construction. (Ord. 10(2012) § 3: Ord. 3(2007) § 3: Ord., 9-21-1999) 14-10-4: ARCHITECTURAL PROJECTIONS, DECKS, BALCONIES, STEPS, BAY WINDOWS, ETC.: A. Architectural projections including eaves, roof overhangs, awnings, louvers, and similar shading features; sills, belt courses, cornices, and similar features; and flues and chimneys may project not more than four feet (4') into a required setback area or into a required distance between buildings. B. Porches, steps, decks or terraces or similar features located at ground level or within five feet (5') of ground level may project not more than ten feet (10') nor more than one-half (1/2) the minimum required dimension into a required setback area, or may project not more than five feet (5') nor more than one-fourth (1/4) the minimum required dimension into a required distance between buildings. Steps that form an exit discharge may project into a required setback area to the degree necessary to conform with the adopted building code's means of egress standards, at the discretion of the administrator. C. Balconies, decks, terraces, and other similar unroofed features projecting from a structure at a height of more than five feet (5') above ground level may project not more than five feet (5') nor more than one-half (1/2) the minimum required dimension into a required setback area, or may project not more than five feet (5') nor more than one-fourth (1/4) the minimum required dimension into a required distance between buildings. A balcony or deck projecting from a higher elevation may extend over a lower balcony or deck but in such case shall not be deemed a roof for the lower balcony or deck. D. Fire escapes or exterior emergency exit stairways may project into any required setback area or distance between buildings not more than four feet (4'). E. Bay windows and similar features extending the interior enclosed space of a structure may project not more than three feet (3') into a required setback area or a required distance between December 3, 2019 - Page 82 of 205 buildings, provided that the total of all such projection does not exceed more than one-tenth (1/10) the area of the wall surface from which it projects or extends. F. Towers, spires, cupolas, chimneys, flagpoles, and similar architectural features not usable as habitable floor area may extend above the height limit a distance of not more than twenty five percent (25%) of the height limit nor more than fifteen feet (15'). (Ord. 29(2005) § 81: Ord., 9-21- 1999) 14-10-5: BUILDING MATERIALS AND DESIGN: A. Intent: The town is situated within the wildland urban interface where community values intersect with the potential consequences of wildland fires. Wildland fires both big and small have the potential to destroy homes and neighborhoods within the town. The architecture and chosen materials of a building greatly affect the survivability of that structure in the face of a wildfire. The use of class A roof coverings and ignition resistant building materials decrease the hazards to the individual structure as well as the surrounding homes. B. Ignition Resistant Materials: The use of ignition resistant building materials and designs intended to prevent the spread of fire are highly encouraged required, unless otherwise exempted by Section 12-11-3 this code. Vail fire and emergency services is available to provide more information on the use of ignition resistant materials and designs. Predominantly natural building materials shall be used within the town. 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;. 4. That the material is noncombustible or aides in the prevention of fires. The provisions of this Paragraph B shall apply to the construction, alteration, movement, repair, maintenance and use of any building, structure or premises within the town, unless otherwise exempt by Section 12-11-3 C of this code. Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this code for new buildings and structures. Exceptions: a. Additions or alterations of less than 500 square feet of GFRA Gross Floor Area are exempt from the ignition resistant requirements of this paragraph B, but shall be subject to design December 3, 2019 - Page 83 of 205 review. the provisions of this code. Repair or replacement of 25% or less of a deck surface or support structure is exempt from the ignition resistant requirements of this paragraph B. b. Combustible siding, as defined in the town’s adopted building codes, may be used as long as it does not cover more than 33% of a given wall (excluding windows, doors and other openings) and may not be within 5 feet of the ground level. Combustible siding which has a profile that may allow ember intrusion such as wood shake or wood shingle is prohibited. C. Same Or Similar Materials: The same or similar building materials and colors shall be used on main structures and any accessory structures upon the site. Translucent components of greenhouses shall be exempt from this requirement. D. Colors: 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. E. Roof Forms: The majority of roof forms within Vail are gable roofs with a pitch of at least four feet (4') in twelve feet (12'). However, other roof forms are allowed. Consideration of environmental and climatic determinants such as snow shedding, drainage, fire safety and solar exposure should be integral to the roof design. F. Rooflines: Rooflines should be designed so as not to deposit snow on parking areas, trash storage areas, stairways, decks and balconies, or entryways. Secondary roofs, snow clips, and snow guards should be utilized to protect these areas from roof snow shedding if necessary. G. Regulations: All structures shall have class A roof assemblies or shall have class A roof covering materials, as defined by the adopted building code. The use of concrete tile, slate, metal, asphalt shingle, fiberglass shingle, and built up tar and gravel roofing may be permitted. Metal roofing, when permitted, shall not reflect direct sunlight onto an adjacent property and shall be surfaced with a low gloss finish or be capable of weathering to a dull finish. Metal roofing, when permitted, shall be of a heavy gauge and designed to provide visual relief to the roof surface (including, but not limited to, a standing seam). Asphalt and fiberglass shingles, when permitted, shall be designed to provide visual relief through texture, dimension and depth of appearance. The use of wood shake, wood shingles and rolled roofing shall not be permitted. Two-family and multi-family dwellings shall be required to have uniform roof covering materials, except when the design review board determines that the materials are compatible, are integral to the architectural style of the structure and different materials do not share any ridges or planes, but may share a valley. 1. Nonconforming Structures: All structures that do not have a class A roof assembly or class A roof covering material, or structures with wood shake or wood shingles shall replace the roof covering as follows: 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 December 3, 2019 - Page 84 of 205 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. b. 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. c. Developments With Multiple Structures: Upon reroofing a single structure that is part of a multistructure project with conforming roof covering materials that do not match existing materials, the conforming materials shall be deemed compatible with the existing nonconforming materials by the design review board. Upon reroofing of additional structures in the development, the materials shall match the approved conforming materials. Should the matching material no longer be manufactured, a different material may be permitted, should the materials be deemed compatible by the design review board. 2. Applicability: The provisions of this subsection shall apply to new construction, reroofing, utilization of the 250 ordinance, per section 12-15-5 of this code, and all additions except those exempt, per subsection 12-11-3C2 of this code. 3. Roofing Material: The use of any roofing 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: a. That the proposed material is satisfactory in general appearance, quality over time, architectural style, design, color, and texture; and b. That the use of the proposed material complies with the intent of the provisions of this code; and c. That the use of the proposed material is compatible with the structure, site, surrounding structures, and overall character of the town of Vail; and d. That the material is noncombustible or aids in prevention of fires. H. Rooftops: Rooftop heating and air conditioning equipment, large vent stacks, elevator penthouses and similar features should be avoided; however, if necessary, shall be designed to be compatible with the overall design of the structure or screened from view of all adjacent properties. Rooftop antennas shall not be permitted unless as allowed under a conditional use review as specified within the zoning code. I. Solar Energy Devices: 1. The intent of these regulations is to facilitate the installation of alternative energy sources in Vail while minimizing visual impacts. Further, these regulations are intended to limit the creation of an elevated perceived roofline by solar energy devices. December 3, 2019 - Page 85 of 205 2. Solar energy devices should be installed on building facades and roof planes and oriented for energy production, except as permitted by subsection I13 of this section. In Vail, optimal solar energy device orientation for maximized energy production and adequate snow shed is typically achieved by up to a fifty degree (50°) orientation. 3. Solar energy devices shall be designed and placed in a manner compatible and architecturally integrated into the overall design of the building and site, with some flexibility granted for existing structures. 4. Solar energy devices may be screened to minimize visual impact with a false facade, roof plane or parapet walls integrated into the overall design of the building. 5. Solar energy devices may project not more than four feet (4') into a required setback area. 6. Solar energy devices shall not be included in calculation of building height. 7. Solar energy devices should follow the slope direction of the roof plane upon which it is mounted. 8. Solar energy devices shall project no further from the building facade or roof plane than the minimum distance necessary to achieve up to a fifty degree (50°) orientation. No portion of any solar energy device shall project more than eight feet (8') from the building facade or roof plane to which the solar energy device is attached. 9. When mounted to a roof plane with a pitch of three in twelve feet (3:12') or steeper, solar energy devices shall extend no higher than one foot (1') above the ridgeline. 10. When mounted to a roof plane, solar energy devices shall not extend beyond the roof eave. 11. Solar energy device framing, brackets and associated equipment shall be black or a color that matches adjacent building surfaces. No advertising shall be permitted on any solar energy device, framing, brackets and associated equipment. 12. Solar energy devices, framing, brackets and associated equipment shall be maintained and kept in good repair, including repainting when appropriate and other actions that contribute to attractive building aesthetics. 13. Solar energy devices may be ground mounted only when the design review board determines that the design or site planning of an existing structure creates practical difficulties in mounting a solar energy device to a building facade or roof plane to achieve energy production. Cost or inconvenience to the applicant of strict or literal compliance with this regulation shall not create a practical difficulty. Ground mounted solar energy devices shall not be permitted in the required setback area. Ground mounted solar energy devices shall count as site coverage. Site coverage is calculated by measuring the footprint created by vertical projection from the energy devices and associated hardware to the ground. Should ground mounted solar energy devices be adjustable, site coverage shall be calculated for the position that creates the greatest site coverage. Ground mounted solar energy devices shall not exceed eight feet (8') in height above grade. Ground mounted solar energy devices shall be located and screened to minimize visual impact. J. Overhangs: Deep eaves, overhangs, canopies, and other building features that provide shelter from the elements are encouraged. December 3, 2019 - Page 86 of 205 K. Fenestration: Fenestration should be suitable for the climate and for the orientation of the particular building elevation in which the fenestration occurs. The use of both passive and active solar energy systems is strongly encouraged. L. Duplexes: In no instance shall a duplex structure be so constructed as to result in each half of the structure appearing substantially similar or mirror image in design. M. Footings And Foundation: Building footings and foundations shall be designed in accordance with the minimum standards of the adopted building code. Footings and foundations shall also be designed to be responsive to the natural topography of the site, and shall be designed and constructed in such a manner as to minimize the necessary amount of excavation and site disturbance. (Ord. 26(2016) § 2: Ord. 25(2016) § 3: Ord. 5(2011) § 2: Ord. 3(2010) § 3: Ord. 3(2008) § 3: Ord. 3(2007) § 4: Ord., 9-21-1999) 14-10-6: RESIDENTIAL DEVELOPMENT: A. The purpose of this section is to ensure that residential development be designed in a manner that creates an architecturally integrated structure with unified site development. Dwelling units and garages shall be designed within a single structure, except as set forth in subsection B of this section, with the use of unified architectural and landscape design. A single structure shall have common roofs and building walls that create enclosed space substantially above grade. Unified architectural and landscape design shall include, but not be limited to, the use of compatible building materials, architectural style, scale, roof forms, massing, architectural details, site grading and landscape materials and features. B. The presence of significant site constraints may permit the physical separation of units and garages on a site. The determination of whether or not a lot has significant site constraints shall be made by the design review board. "Significant site constraints" shall be defined as natural features of a lot such as stands of mature trees, natural drainages, stream courses and other natural water features, rock outcroppings, wetlands, other natural features, and existing structures that may create practical difficulties in the site planning and development of a lot. Slope may be considered a physical site constraint that allows for the separation of a garage from a unit. It shall be the applicant's responsibility to request a determination from the design review board as to whether or not a site has significant site constraints before final design work on the project is presented. This determination shall be made at a conceptual review of the proposal based on review of the site, a detailed survey of the lot and a preliminary site plan of the proposed structure(s). C. The residential development may be designed to accommodate the development of dwelling units and garages in more than one structure if the design review board determines that significant site constraints exist on the lot. The use of unified architectural and landscape design as outlined herein shall be required for the development. In addition, the design review board may require that one or more of the following common design elements such as fences, walls, patios, decks, retaining walls, walkways, landscape elements, or other architectural features be incorporated to create unified site development. (Ord. 29(2005) § 82: Ord., 9-21-1999) December 3, 2019 - Page 87 of 205 14-10-7: OUTDOOR LIGHTING: A. Purpose: This section establishes standards and guidelines for minimizing the unintended and undesirable side effects of outdoor lighting while encouraging the intended and desirable safety and aesthetic purposes of outdoor lighting. It is the purpose of these standards and guidelines to allow the minimum amount of lighting needed for the property on which the light sources are located, while protecting the legitimate privacy of neighboring properties. The standards and guidelines established in this section are also intended to promote the use of environmentally sensitive and energy efficient lighting technologies, and to promote "dark sky" lighting fixtures and installation techniques to reduce light pollution. B. Applicability: Except as provided elsewhere in this title, the design, placement, and use of all outdoor lighting within the town limits shall conform to the standards and guidelines as set forth in this section. C. Definitions: FULL CUTOFF: Light fixtures that do not emit light above the horizontal plane of the light source. LIGHT SOURCE: A single artificial point source of luminescence that emits measurable radiant energy in or near the visible spectrum. LOW DENSITY RESIDENTIAL PROPERTIES: For the purposes of this section, properties with no more than three (3) dwelling units or employee housing units. MULTIPLE-FAMILY AND COMMERCIAL PROPERTIES: For the purposes of this section, those with four (4) or more dwelling units or employee housing units, commercial uses, or mixed uses. OUTDOOR LIGHTING: Any light source, or collection of light sources, located outside a building, including, but not limited to, light sources attached to any part of a structure, located on the surface of the ground, or located on freestanding poles. D. Lighting Regulations: 1. Quantity Of Light Fixtures: The maximum number of outdoor light sources for all properties is subject to the requirements of the adopted building codes and design review. For low density residential properties, the maximum number of light sources per lot shall be limited to one outdoor light per one thousand (1,000) square feet of lot area. Light sources which are no more than eighteen inches (18") above grade, as measured from the top of the fixture to the finish grade below, and are full cutoff fixtures, may be allowed in addition to the total number of permitted outdoor light sources. 2. Height Limits For Light Fixtures: Outdoor lights affixed to a structure shall not exceed the height of the roof eaves. The maximum mounting height for light sources on a pole shall not exceed twenty feet (20'). 3. Full Cutoff: All outdoor lights shall be fully cut off to not emit light above the horizontal plane of the light source. Outdoor lights must be Illuminating Engineering Society (IES) "full cutoff" class, December 3, 2019 - Page 88 of 205 International Dark-Sky Association (IDA) approved, or have similarly recognized verification of being full cutoff. Lights must be installed and maintained in such a manner that the full cutoff is effective. Exceptions: The following outdoor lights may be nonfull cutoff: a. Uplighting fully contained by an overhanging building element that prevents the light from emitting upward to the sky, when the light source is shielded from the sides. b. Uplighting for flags when the light source is shielded from the sides. c. Lights with a gas flame as the sole light source. d. Lights specifically recommended by the Vail comprehensive plan. 4. Lighting Direction: All outdoor lighting shall be directed at the object intended to be illuminated and away from adjacent properties and public ways. Outdoor lights shall be directed downward, unless contained by overhanging building or landscape elements with the light source shielded from the sides. Uplighting is allowed for flags when the light source is shielded from the sides. 5. Energy Efficiency: All outdoor lighting shall comply with the town's adopted energy conservation code. E. Lighting Guidelines: 1. Compatibility: All outdoor lighting fixtures, fixture locations, and the color and intensity on the lighting should be aesthetically compatible with the site and structures on which they are located, the character of the surroundings, and with Vail's environment. Outdoor lighting must also be consistent with any applicable design guidelines outlined in the Vail comprehensive plan. 2. Light Pollution: All outdoor lights should be designed, installed, and maintained to minimize the contribution of outdoor lighting to nighttime light pollution. Examples of low light pollution fixtures are available from lighting manufacturers and organizations such as the International Dark-Sky Association (IDA). 3. Energy Efficiency: Outdoor lighting should use the least number of light sources necessary to achieve the safety and aesthetic purposes for the lighting. Outdoor lighting should utilize energy efficient light sources of the lowest wattage feasible, and utilize energy efficient technologies. Outdoor lighting should also be operated and maintained to eliminate any unnecessary daytime use and to reduce nighttime use during nonbusiness hours and periods of limited residential activity. F. Prohibited Outdoor Lights: 1. Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation. 2. Lights affixed to the top of the roof of a structure. 3. Neon, or similar gas filled, lights. December 3, 2019 - Page 89 of 205 4. Laser source lights. 5. Searchlights. 6. Lights attached to vegetation, except decorative holiday lights. 7. Any lighting that could interfere with the public health, safety, or welfare. G. Exemptions: The standards of this section shall not apply to: 1. Decorative holiday lights. 2. Sign illumination, as set forth in title 11 of this code. 3. Official government lighting, other than those owned and maintained by the town of Vail, installed for the benefit of public health, safety, and welfare. 4. Outdoor lights associated with an approved special events permit. 5. Outdoor lights associated with an art in public places board (AIPP) approved public art display. 6. Temporary construction zone work lighting associated with an approved building permit or design review approval (construction zone security and egress lights are not exempt from the provisions of this section). 7. Lighting identifying hazards or road construction. (Ord. 21(2008) § 1) 14-10-8: LANDSCAPING, DRAINAGE, AND EROSION CONTROL: A. Various natural vegetation zones exist within the Gore Valley as a result of the form and aspects of the land itself. The north facing slopes within the valley are typically heavily wooded with spruce, pine and aspen and generally receive less direct sunlight than the drier south facing slopes which typically consist of sage, aspen and other vegetation tolerant of drier conditions. The valley floor which is adjacent to Gore Creek consists of a wide variety of trees and shrubs adapted to the relatively fertile soil and natural availability of water. The goal of any landscape plan should be to preserve and enhance the natural landscape character of the area in which it is to be located and serve as an aid in fire prevention and protection. The landscape scale and overall landscape design shall be developed so that new vegetation is integral with the natural landscape and the inherent form, line, color and texture of the local plant communities. Since the The major objective of the landscaping is to help reduce the scale of new structures, to assist in the screening of structures, to reduce the risk to life and structures from the intrusion of fire from wildland fire exposure and fire exposures from adjacent structures, and to mitigate structure fires from spreading to wildland fuels. the The planting of large sized, well spaced plant materials is encouraged. Fire wise plant materials are encouraged required due to their ability to resist fire. Trees should shall be maintained through limbing and pruning in order to prevent limbs from being too close to structures and other plant materials. Special care should be taken in selecting the types of plants to use when designing a landscape plan. Final selection should be based upon the soils and climate, ease of establishment, suitability for the specific use desired, ability to deter the spread December 3, 2019 - Page 90 of 205 of fires and the level of maintenance that can be provided. New planting shall use plants that are indigenous to the Rocky Mountain alpine and subalpine zones or are capable of being introduced into these zones. A recommended list of plant materials, some indigenous to the Vail area, is on file with the department of community development. Also indicated on the list are fire wise plant materials which are suitable for planting within the Vail area. The minimum sizes of landscape materials acceptable are as follows: Required trees: Deciduous 2 inch caliper Conifers 6 foot Required shrubs #5 gallon container Foundation shrubs shall have a minimum height of 18 inches at time of planting. B. Landscape design shall be developed to locate new plantings in order to extend existing canopy edges or planted in natural looking groups and shall be designed and installed in conformance with the Vail Fire and Emergency Services Fire-Resistant Landscaping guidelines, unless exempted by Section 12-11-3 of this code. Additions or alterations of less than 500 square feet of Gross Floor Area that are exempt, per Section 14-10-5 B of this code, shall also be exempt from conformance with the Vail Fire and Emergency Services Fire- Resistant Landscaping guidelines. Geometric plantings, evenly spaced rows of trees, and other formal landscape patterns shall be avoided. C. Particular attention shall be given the landscape design of off street parking lots to reduce adverse impacts upon living areas within the proposed development, upon adjacent properties, and upon public spaces with regard to noise, lights, and visual impact. D. All landscaping shall be provided with a method of irrigation suitable to ensure the continued maintenance of planted materials. E. Whenever possible, natural drainage patterns upon the site shall not be modified. Negative drainage impacts upon adjacent sites shall not be allowed. F. Runoff from impervious surfaces such as roofs and pavement areas shall be directed to natural or improved drainage channels or dispersed into shallow sloping vegetated areas. G. Slope of cut and fill banks shall be determined by soil characteristics for the specific site to avoid erosion, and promote revegetation opportunities, but in any case shall be limited to a maximum of two to one (2:1) slope. December 3, 2019 - Page 91 of 205 H. Measures shall be taken to retain all eroded soil material on site during construction, control both ground water and surface water runoff, and to permanently stabilize all disturbed slopes and drainage features upon completion of construction. I. All plants shall be planted in a good quality topsoil mix of a type and amount recommended by the American Landscape Contractor Association and the Colorado Nurseryman's Association. J. All plantings must be mulched with materials as listed in the Vail Fire and Emergency Services Fire-Resistant Landscaping guidelines, unless otherwise exempt per Section 14- 10-5 B 12-11-3 of this code. K. Paving near a tree to be saved must contain a plan for a "tree vault" in order to ensure the ability of the roots to receive air. (Ord. 3(2007) § 5: Ord., 9-21-1999) L. Defensible space shall be created and maintained in an area extending from the perimeter or projection of the building or structure to a radius of 100 feet or the lot lines, whichever is less. Defensible space and landscaping shall comply with Vail Fire and Emergency Services Fire-Resistant Landscaping guidelines. 14-10-9: FENCES, HEDGES, WALLS, AND SCREENING: A. Placement: The placement of walls and fences shall respect existing landforms and fit into land massing rather than arbitrarily follow site boundary lines. Fences shall not be encouraged except to screen trash areas, utility equipment, etc. B. Design: Design of fences, walls, and other structural landscape features shall be of materials compatible with the site and the materials of the structures on the site. Retaining walls and cribbing should utilize natural materials such as wood timbers, logs, rocks, or textured, color tinted concrete. No chainlink fences shall be allowed except as temporary construction fences or as required for recreational facilities. C. Setbacks Observed: All accessory uses and structures except fences, hedges, walls and landscaping, or ground level site development such as walks, driveways, and terraces shall be located within the required minimum setback lines on each site. Recreational amenities may be exempted by the design review board if it determines that their location is not detrimental environmentally and/or aesthetically. D. Sight Triangle: To minimize traffic hazards at street intersections by improving visibility for drivers of converging vehicles in any district where setbacks are required, no fence or structure over three feet (3') in height shall be permitted within the triangular portion of a corner lot measured from the point of intersection of the lot lines abutting the streets a distance of thirty feet (30') along each lot line. December 3, 2019 - Page 92 of 205 E. Height Limitations: Fences, hedges, walls and landscaping screens shall not exceed three feet (3') in height within any required front setback area, and shall not exceed six feet (6') in height in any other portion of the site, provided that higher fences, hedges, walls or landscaping screens may be authorized by the administrator when necessary to screen public utility equipment. No barbed wire or electrically charged fence shall be erected or maintained. (Ord., 9-21-1999) 14-10-10: ACCESSORY STRUCTURES; UTILITIES; SERVICE AREAS: A. Design of accessory structures upon a site shall be compatible with the design and materials of the main structure or structures upon the site. B. Accessory buildings generally should be attached to the main building either directly or by means of a continuous wall, fence or similar feature of the same or a complementary material as the main building's exterior finish. C. All utility service systems shall be installed underground. Any utility system the operation of which requires aboveground installation shall be located and/or screened so as not to detract from the overall site design quality. D. All utility meters shall be enclosed or screened from public view. E. Service areas, outdoor storage, and garbage storage shall be screened from adjacent properties, structures, streets, and other public areas by fences, berms, or landscaping. F. Adequate trash storage areas shall be provided. There shall be year round access to all trash storage areas which shall not be used for any other purpose. G. Greenhouses, when permitted, shall be subject to the following standards: 1. All wall and roofing materials shall be constructed of rigid material and shall not include polyethylene or other similar flexible films. 2. All nontranslucent elements including framing and doors shall be painted to be compatible with the site and surrounding buildings. 3. No internal lighting shall be permitted between the hours of nine o'clock (9:00) P.M. and six o'clock (6:00) A.M. Exterior lighting shall comply with section 14-10-7 of this chapter. 4. All greenhouses shall be subject to the development standards for the zone district for which they are located. 5. Greenhouses shall not be used for storage of household items, vehicles, watercraft or other items not associated with the cultivation of food or ornamental crops. December 3, 2019 - Page 93 of 205 H. Hoop houses/cold frames, when permitted, shall be subject to the following standards: 1. Hoop houses/cold frames shall be four feet (4') in height or less and be one hundred twenty (120) square feet or less in floor area. 2. Hoop houses/cold frames shall meet the deck (not ground level) setback requirements as defined in section 14-2-1 of this title and summarized in section 14-8-1 of this title. 3. One hoop house/cold frame shall be permitted per dwelling unit. 4. Hoop houses/cold frames shall be exempt from design review. 5. Hoop houses/cold frames shall not be used for storage of any kind. (Ord. 26(2016) § 3: Ord., 9-21- 1999) 14-10-11: SATELLITE DISH ANTENNAS: A. Purpose: 1. To protect the health and safety of the inhabitants of the town by setting forth requirements for the installation of satellite dish antennas. 2. To protect and support the aesthetic concerns of the town, a resort community which must remain aesthetically pleasing to visitors to remain economically viable. 3. To provide the protection set forth in subsections A1 and A2 of this section in the least restrictive manner possible. B. Application; Review: Satellite dish antennas shall comply with all the requirements set forth herein. Person or persons wishing to install a satellite dish antenna within the town shall submit an application to the department of community development for review. The application shall set forth the following: 1. Completed design review board application form. 2. Site plan showing proposed location of the satellite dish antenna. 3. Description of the satellite dish antenna (i.e., size, design, materials, etc.). 4. Color sample (if applicable). 5. Landscape plan (if applicable). 6. An improvement location certificate and/or a preliminary title report. 7. Elevations, perspectives or renderings if deemed applicable by the staff of the department of community development. December 3, 2019 - Page 94 of 205 C. Compliance With Requirements: 1. No more than one satellite dish antenna shall be allowed on any lot as delineated on the official town zoning map. 2. The temporary use and/or installation of a satellite dish antenna shall be limited to a maximum period of one day. Only three (3) temporary installations shall be allowed per business or residence per year. 3. The maximum height allowed for any satellite dish antenna, when measured from the top of the satellite dish antenna down to existing or finished grade, whichever is more restrictive, shall not exceed fifteen feet (15'). 4. The maximum size of any satellite dish antenna installed for use by a single residence or business shall be limited to nine feet (9') in diameter. Satellite dish antennas serving multi-family dwellings shall be limited to a maximum of twelve feet (12') in diameter. 5. No advertising, logos or identification shall be allowed on any satellite dish antenna. 6. Satellite dish antennas shall comply with the existing setback requirements of the zone district in which the satellite dish antenna is installed. Satellite dish antennas shall be prohibited in easements and public rights of way. No portion of a satellite dish antenna or its supporting structure shall encroach into the vertical plane as drawn from an existing easement or setback line. 7. Issuance of a building permit from the department of community development shall be required prior to the installation of any satellite dish antenna. 8. Adjacent property owners and owners of dwelling units on the same lot as the applicant shall be notified of any application for the installation of a satellite dish antenna. Notification procedures shall be as outlined in section 12-14-19 of this code. Names and mailing addresses of adjacent property owners and of owners of dwelling units on the same lot as the applicant shall be provided to the department of community development by the applicant. 9. Due to the special aesthetic importance of the core areas of the town, exterior installations of satellite dish antennas in commercial cores 1 and 2 and in Lionshead mixed use 1 and 2 shall be permitted only if screened by some type of enclosing structure. Said structures required to enclose a satellite dish antenna in these areas shall comply with all applicable zoning regulations and shall be architecturally compatible with the existing structure. D. Design Guidelines: It is the purpose of these guidelines to ensure that the visibility of a satellite dish antenna from any public right of way or adjacent properties be reduced to the highest degree possible. It shall be the burden of the applicant to demonstrate how the satellite dish antenna installation complies with these guidelines. The following guidelines shall be used by the design review board in evaluating applications for satellite dish antennas: 1. All wiring and cable related to a satellite dish antenna shall be installed underground. 2. The use of mesh satellite dish antennas is highly encouraged because of their ability to be more sensitively integrated on a site or structure. December 3, 2019 - Page 95 of 205 3. The use of appropriate colors shall be required to provide for a more sensitive installation when integrating a satellite dish antenna onto a site or structure. Color selection for a satellite dish antenna should be made with respect to specific characteristics on a site or structure. Unpainted surfaces and satellite dish antennas with reflective surfaces shall not be allowed. 4. Locations of satellite dish antennas shall be made so as to ensure that the satellite dish antenna is screened from view from any public right of way or adjacent property to the highest degree possible. In addition to effective site planning, screening a satellite dish antenna may be accomplished through the use of landscaping materials, fencing, existing structures, subgrade placements or other means that both screen the satellite dish antenna and do not appear unnatural on the site. 5. Satellite dish antennas on or attached to existing structures shall be permitted provided the satellite dish antenna is architecturally integrated into the structure. Effective use of color shall be required to ensure compatibility between the satellite dish antenna and existing structure. The use of a mesh material shall be strongly encouraged when attempting to integrate a satellite dish antenna onto an existing structure. 6. Landscaping or other site improvements intended to screen a satellite dish antenna proposed on any application shall be completed prior to the issuance of a building permit to install a satellite dish antenna. A letter of credit equal to one hundred twenty five percent (125%) of the costs of installing landscaping or site improvements may be submitted to the town if seasonal weather conditions prohibit the installation of landscaping or site improvements. 7. All improvements required by the design review board for the purpose of reducing the visibility of satellite dish antennas shall remain in place so long as the satellite dish antennas remain in place unless permission to alter or remove said improvements is obtained from the design review board. All satellite dish antennas and all improvements required by the design review board to reduce the visibility of satellite dish antennas shall be adequately maintained and repaired and shall not be allowed to become dilapidated or fall into a state of disrepair. (Ord. 2(2007) § 10: Ord., 9-21-1999) 14-10-12: COMMUNICATIONS ANTENNAS AND APPURTENANT EQUIPMENT: Communications antennas and any associated appurtenant equipment should be integrated into existing principal buildings and structures. All antennas and appurtenant equipment shall be located and screened so as not to detract from the overall site design quality. (Ord. 12(2008) § 28) December 3, 2019 - Page 96 of 205 11/26/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\TC\WUI CODE TEXT AMENDMENT\CHRIS OLD STUFF\USE THIS ONE - WILDLAND-URBAN INTERFACE CODE-O111419.DOCX ORDINANCE NO. 19 SERIES 2019 AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE VAIL TOWN CODE TO ADOPT REGULATIONS PERTAINING TO WILDLAND URBAN INTERFACE AREAS AND TO AMEND REGULATIONS ON BUILDING DESIGN AND LANDSCAPING TO REDUCE THE RISK OF WILDFIRE WHEREAS, each year wildfires continue to grow more destructive and impactful to communities across Colorado; WHEREAS, the Town of Vail is built within an environment that depends on wildfire to maintain a healthy ecosystem, and is therefore at high risk of encountering wildfires at any given time; WHEREAS, a wildland-urban interface ("WUI") code is specifically designed to mitigate the risks from wildfire to life and property by regulating construction materials and methods in such a way as to resist ignition from wildfires for a safer and more resilient community; WHEREAS, further amendments to the Vail Town Code are necessary to encourage using landscaping specifically picked for wildfire resistance to protect the community from substantial loss from wildfire and to enable the Town to plan for hazards involving wildfire; and WHEREAS, the Town Council therefore finds and determines that this ordinance necessary to protect the public health, safety, and welfare. NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 10-1-2 of the Vail Town Code is hereby amended by the addition of the following amendments to the International Building Code, 2018 edition, to appear in alphabetical order: Section 202 Definitions: Section 202 is amended by the addition of the following definitions: ACCESSORY STRUCTURE. A building or structure used to shelter or support any material, equipment, chattel or occupancy other than a habitable building. FIRE CHIEF. The chief officer or chief officer’s authorized representative of the fire department serving the Town. December 3, 2019 - Page 97 of 205 2 11/26/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\TC\WUI CODE TEXT AMENDMENT\CHRIS OLD STUFF\USE THIS ONE - WILDLAND-URBAN INTERFACE CODE-O111419.DOCX FIRE-RESISTANCE-RATED CONSTRUCTION. The use of materials and systems in the design and construction of a building or structure to safeguard against the spread of fire within a building or structure and the spread of fire to or from buildings or structures to the wildland-urban interface area. IGNITION-RESISTANT BUILDING MATERIAL. A type of building material that resists ignition or sustained flaming combustion sufficiently t o reduce losses from wildland-urban interface conflagrations under worst-case weather and fuel conditions with wildfire exposure of burning embers and small flames, as prescribed in Chapter 7A. IGNITION-RESISTANT CONSTRUCTION. A schedule of additional requirements for construction in wildland-urban interface areas based on fire hazard levels. LOG WALL CONSTRUCTION. A type of construction in which exterior walls are constructed of solid wood members and where the smallest horizontal dimension of each solid wood member is at least 6 inches (152 mm). NONCOMBUSTIBLE. As applied to building construction material, means a material that, in the form in which it is used, is either one of the following: 1. Material of which no part will ignite and burn when subjected to fire. Any material conforming to ASTM E136 shall be c onsidered noncombustible within the meaning of this Section. 2. Material having a structural base of noncombustible material as defined in Item 1 above, with a surfacing material not over 1/8 inch (3.2 mm) thick, which has a flame spread index of 50 or less. Flame spread index as used herein refers to a flame spread index obtained according to tests conducted as specified in ASTM E84 or UL 723. "Noncombustible" does not apply to surface finish materials. Material required to be noncombustible for reduced clearances to flues, heating appliances or other sources of high temperature shall refer to material conforming to Item 1 above. No material shall be classified as noncombustible that is subject to increase in combustibility or flame spread index, beyond the limits herein established, through the effects of age, moisture or other atmospheric condition. UNENCLOSED ACCESSORY STRUCTURE. An accessory structure without a complete exterior wall system enclosing the area under the roof or floor above. December 3, 2019 - Page 98 of 205 3 11/26/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\TC\WUI CODE TEXT AMENDMENT\CHRIS OLD STUFF\USE THIS ONE - WILDLAND-URBAN INTERFACE CODE-O111419.DOCX WILDLAND-URBAN INTERFACE AREA. That geographical area, as depicted and defined in the Community Wildfire Protection Plan, where structures and other human development meets or intermingles with wildland or vegetative fuels. Chapter 7A Fire-Resistive Construction: Chapter 7A is added to read as follows: CHAPTER 7A FIRE-RESISTIVE CONSTRUCTION SECTION 7A01 SCOPE 7A01.1 General. The provisions of this Chapter shall apply to the construction, alteration, movement, repair, maintenance and use of any building, structure or premises into or within the wildland-urban interface areas of the Town of Vail. Exceptions: 1. Additions or alterations less than 500 gross square feet in size. 2. Repair or replacement of less than twenty-five percent (25%) of a deck surface or structure. 3. Accessory structures not exceeding 120 square feet in floor area where located not less than 30 feet from buildings containin g habitable spaces. 4. Agricultural buildings located not less than 30 feet from buildings containing habitable spaces. Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this Chapter for new buildings or structures. 7A01.2 Objective. The objective of this Chapter is to establish minimum regulations consistent with nationally recognized good practice for the safeguarding of life and for property protection. Regulations in this Chapter are intended to mitigate the risk to life and structures from intrusion of fire from wildland fire exposures and fire exposures from adjacent structures and to mitigate structure fires from spreading to wildland fuels. The extent of this regulation is intended to be tiered commensurate with the relative level of hazard present. The unrestricted use of property in wildland-urban interface areas is a potential threat to life and property from fire and resulting erosion. Safeguards to prevent the occurrence of fires and to provide adequate fire December 3, 2019 - Page 99 of 205 4 11/26/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\TC\WUI CODE TEXT AMENDMENT\CHRIS OLD STUFF\USE THIS ONE - WILDLAND-URBAN INTERFACE CODE-O111419.DOCX protection facilities to control the spread of fire in wildland-urban interface areas shall be in accordance with this Chapter. This Chapter shall supplement the jurisdiction's building and fire codes to provide for special regulations to mitigate the fire- and life-safety hazards of the wildland-urban interface areas. 7A01.3 Additions or alterations. Additions or alterations shall be permitted to be made to any building or structure without requiring the existing building or structure to comply with the requirements of this Chapter; provided that the addition or alteration conforms to that required for a new building or structure. SECTION 7A02 APPLICABILITY 7A02.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall apply. Where, in any specific case, different sections of this Chapter specify different materials, methods of construction or other requirements, the most restrictive shall apply. 7A02.2 Existing conditions. The legal occupancy or use of any building, structure or condition existing on the date of adoption of this Chapter shall be permitted to continue without change, except as is specifically covered in the International Fire Code. SECTION 7A03 COMPLIANCE ALTERNATIVES 7A03.1 Practical difficulties. Where there are practical difficulties involved in carrying out the provisions of this Chapter, both the building official or fire chief are authorized to grant modifications for individual cases upon application, in writing, by the owner or owner's authorized agent. The building official or fire chief shall first find that a special individual reason makes enforcement of the provisions of this Chapter impractical, that the modification is in conformance to the intent and purpose of this Chapter, and that the modification does not lessen any fire protection requirements or any degree of structural integrity. The details of any action granting modifications shall be recorded and entered into the appropriate permitting files. 7A03.2 Technical assistance. To determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation or use of a building or premises subject to the inspection of the building official or fire chief, the building official or fire chief are authorized to require the owner, the owner's authorized agent or the person in possession or control of the building or prem ises to provide, without charge to the Town, a technical opinion and report. The opinion and December 3, 2019 - Page 100 of 205 5 11/26/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\TC\WUI CODE TEXT AMENDMENT\CHRIS OLD STUFF\USE THIS ONE - WILDLAND-URBAN INTERFACE CODE-O111419.DOCX report shall be prepared by a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the code official and the owner or the owner's authorized agent, and shall analyze the fire safety of the design, operation or use of the building or premises, the facilities and appurtenances situated thereon and fuel management for purposes of establishing fire hazard severity to recommend necessary changes. 7A03.3 Alternative materials or methods. The provisions of this Chapter are not intended to prevent the installation of any material or to prohibit any design or method not specifically prescribed by this Chapter, provided that any such alternative has been approved. An alternative material, design or method shall be approved where the building official in concurrence with the fire chief finds that the proposed design is satisfactory and complies with the intent of the provisions of this Chapter, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this Chapter in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved. SECTION 7A04 SPECIAL BUILDING CONSTRUCTION REGULATIONS 7A04.1 General. Buildings and structures shall be constructed in accordance with this Section, unless previously exempted in Section 7A01.1. 7A04.2 Fire-resistance-rated construction. Where this Chapter requires 1-hour fire-resistance-rated construction, the fire-resistance rating of building elements, components or assemblies shall be determined in accordance with the test procedures set forth in ASTM E 119 or UL 263. Exceptions: 1. The fire-resistance rating of building elements, components or assemblies based on the prescriptive designs prescribed in Section 721. 2. The fire-resistance rating of building elements, components or assemblies based on the calculation procedures in accordance with Section 722. SECTION 7A05 IGNITION-RESISTANT CONSTRUCTION AND MATERIAL 7A05.1 General. Buildings and structures hereafter constructed, modified or relocated into or within wildland-urban interface areas shall meet the construction requirements in accordance with ignition-resistant construction December 3, 2019 - Page 101 of 205 6 11/26/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\TC\WUI CODE TEXT AMENDMENT\CHRIS OLD STUFF\USE THIS ONE - WILDLAND-URBAN INTERFACE CODE-O111419.DOCX in accordance with Section 7A06. Materials required to be ignition -resistant materials shall comply with the requirements of Section 7A05.2. 7A05.2 Ignition-resistant building material. Ignition-resistant building material shall comply with any one or more of the following: 1. Material shall be tested on all sides with the extende d ASTM E 84 (UL 723) test or ASTM E 2768, except panel products shall be permitted to test only the front and back faces. Panel products shall be tested with a ripped or cut longitudinal gap of 1/8 inch (3.2 mm). Materials that, when tested in accordance with the test procedures set forth in ASTM E 84 or UL 723 for a test period of 30 minutes, or with ASTM E 2768, comply with the following: 1.1. Flame spread. Material shall exhibit a flame spread index not exceeding 25 and shall not show evidence of progressive combustion following the extended 30- minute test. 1.2. Flame front. Material shall exhibit a flame front that does not progress more than 10 ½ feet (3200 mm) beyond the centerline of the burner at any time during the extended 30 - minute test. 1.3. Weathering. Ignition-resistant building materials shall maintain their performance in accordance with this Section under conditions of use. Materials shall meet the performance requirements for weathering (including exposure to temperature, moisture and ultraviolet radiation) contained in the following standards, as applicable to the materials and the conditions of use: 1.3.1. Method A "Test Method for Accelerated Weathering of Fire- Retardant-Treated Wood for Fire Testing" in ASTM D 2898, for fire- retardant-treated wood, wood- plastic composite and plastic lumber materials. 1.3.2. ASTM D 7032 for wood-plastic composite materials. 1.3.3. ASTM D 6662 for plastic lumber materials. 1.4. Identification – materials shall bear identification showing fire test results. Exception: Materials composed of a combustible core and a noncombustible exterior covering, made from either aluminum at a minimum 0.019-inch (0.48 mm) thickness or corrosion-resistant steel December 3, 2019 - Page 102 of 205 7 11/26/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\TC\WUI CODE TEXT AMENDMENT\CHRIS OLD STUFF\USE THIS ONE - WILDLAND-URBAN INTERFACE CODE-O111419.DOCX at a minimum 0.0149-inch (0.38 mm) thickness shall not be required to be tested with a ripped or cut longitudinal gap. 2. Noncombustible material. Material that complies with the requirements for noncombustible materials. 3. Fire-retardant-treated wood. Fire-retardant-treated wood identified for exterior use and meeting the requirements of Section 2303.2. 4. Materials meeting the following standards of quality. 4.1. SFM Standard 12-7A-1, Exterior Wall Siding and Sheathing. A fire resistance test standard consisting of a 150 kW intensity direct flame exposure for a 10-minute duration. 4.2. SFM Standard 12-7A-2, Exterior Windows. A fire resistance test standard consisting of a 150kW intensity direct flame exposure for an 8-minute duration. 4.3. SFM Standard 12-7A-3, Horizontal Projection Underside. A fire resistance test standard consisting of a 300kW intensity direct flame exposure for a10-minute duration. 4.4. SFM Standard 12-7A-4, Decking. A two-part test consisting of a heat release rate (Part A) deck assembly combustion test with an under deck exposure of 80 kW intensity direct flame for a 3-minute duration and a (Part B) sustained deck assembly combustion test consisting of a deck upper surface burning ember exposure with a 12 mph wind for 40 minutes using a 2.2lb (1kg) burning "Class A" size 12"x12"x2.25" (300mm x 300mm x 57mm) roof test brand. 4.5. SFM Standard 12-7A-4A, Decking Alternate Method A. A heat release deck assembly combustion test with an under- deck exposure of 80kW intensity direct flame for a 3 -minute duration. 4.6. SFM Standard 12-7A-5, Ignition-resistant Material. A generic building material surface burning flame spread test standard consisting of an extended 30-minute ASTM E84 or UL 723 test method as is used for fire-retardant-treated wood. SECTION 7A06 IGNITION-RESISTANT CONSTRUCTION 7A06.1 General. Ignition-resistant construction shall be in accordance with Sections 7A06.2 through 7A06.11. December 3, 2019 - Page 103 of 205 8 11/26/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\TC\WUI CODE TEXT AMENDMENT\CHRIS OLD STUFF\USE THIS ONE - WILDLAND-URBAN INTERFACE CODE-O111419.DOCX 7A06.2 Roof covering. All roof coverings shall comply with Chapter 15 of this Code, as amended. 7A06.2.1 Roof valleys. Where provided, valley flashings shall be not less than 0.019 inches (0.48 mm) (No. 26 galvanized sheet gage) corrosion-resistant metal installed over a minimum 36 -inch-wide (914 mm) underlayment consisting of one layer of 72-pound (32.4 kg) mineral-surfaced, non-perforated cap sheet complying with ASTM D 3909 running the full length of the valley. 7A06.3 Protection of Eaves. Eaves and soffits shall be protected on the exposed underside by ignition-resistant building materials or by materials approved for not less than 1-hour fire-resistance-rated construction, 2-inch (51 mm) nominal dimension lumber, or 1 -inch (25 mm) nominal fire- retardant-treated lumber or 3/4 –inch (19.1 mm) nominal fire-retardant- treated plywood, identified for exterior use and meeting the requirements of Section 2303.2. Fascias are required and shall be protected on the back - side by ignition-resistant building materials or by materials approved for not less than 1-hour fire-resistance-rated construction or 2-inch (51 mm) nominal dimension lumber. 7A06.4 Gutters and downspouts. Gutters and downspouts shall be constructed of noncombustible material. 7A06.5 Exterior walls. Exterior walls of buildings or structures shall be constructed with one of the following methods and all such material shall extend from the top of the foundation to the underside of the roof sheathing: 1. Materials approved for not less than 1-hour fire-resistance- rated construction on the exterior side. 2. Approved noncombustible materials. 3. Heavy timber or log wall construction. 4. Ignition-resistant building materials complying with Section 7A05.2 on the exterior side. Exception: Combustible siding materials not complying with Section 7A05.2 may be used but shall not cover more than thirty -three percent (33%) of a given wall and shall not be within 5 feet of finish grade. Combustible siding which has a profile that may allow ember intrusion such as wood shake or wood shingle is prohibited. 7A06.6 Underfloor enclosure. Buildings or structures shall have underfloor areas enclosed to the ground with exterior walls in accordance with Section 7A06.5. December 3, 2019 - Page 104 of 205 9 11/26/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\TC\WUI CODE TEXT AMENDMENT\CHRIS OLD STUFF\USE THIS ONE - WILDLAND-URBAN INTERFACE CODE-O111419.DOCX Exception: Complete enclosure shall not be required where the underside of exposed floors and exposed structural columns, beams and supporting walls are protected as required for ext erior 1-hour fire-resistance-rated construction or heavy timber construction or fire-retardant-treated wood, if labeled for exterior use and meeting the requirements of Section 2303.2. 7A06.7 Appendages and projections. Unenclosed accessory structures attached to buildings with habitable spaces and projections, such as decks, shall be not less than 1-hour fire-resistance-rated construction, heavy timber construction or constructed of one of the following: 1. Approved noncombustible materials. 2. Fire-retardant-treated wood identified for exterior use and meeting the requirements of Section 2303.2. 3. Ignition-resistant building materials in accordance with Section 7A05.2. 7A06.8 Exterior doors. Exterior doors shall be constructed of approved noncombustible materials, standard solid core wood not less than 1 ¾ inches thick (44 mm), or have a fire protection rating of not less than 20 minutes. Tempered glass doors are permissible. Exception: Vehicle access doors. 7A06.9 Vents. Attic ventilation openings, foundation or underfloor vents, or other ventilation openings in vertical exterior walls and vents through roofs shall not exceed 144 square inches (0.0929 m2) each. Such vents shall be covered with noncombustible corrosion-resistant materials with openings not to exceed 1/4inch (6.4 mm),or perforated noncombustible materials with perforations not to Exceed ¼ inch(6.4mm) or shall be designed and approved to prevent flame or ember penetration into the structure. 7A06.9.1 Vent locations. Attic ventilation openings shall not be located in the inner two thirds of soffits, eave overhangs, or other overhang areas. Gable end and dormer vents shall be located not less than 10 feet (3048 mm) from lot lines. Underfloor ventilation openings shall be located as close to grade as practical. 7A06.10 Detached accessory structures. Detached accessory structures located less than 30 feet (15 240 mm) from a building containing habitable space shall have exterior walls constructed with materials approved for not less than 1-hour fire- resistance-rated construction, heavy timber, log wall construction, or constructed with approved noncombustible materials or ignition resistant building materials in accordance with Section 7A05.2. The December 3, 2019 - Page 105 of 205 10 11/26/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\TC\WUI CODE TEXT AMENDMENT\CHRIS OLD STUFF\USE THIS ONE - WILDLAND-URBAN INTERFACE CODE-O111419.DOCX fire-retardant-treated wood shall be labeled for exterior use and meet the requirements of Section 2303.2. 7A06.10.1 Underfloor areas. Where the detached structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than ten percent (10%), the area below the structure shall have underfloor areas enclosed to within 6 inches (152 mm) of the ground, with exterior wall construction in accordance with Section 7A06.5 or underfloor protection in accordance with Section 7A06.6. Exception: The enclosure shall not be required where the underside of exposed floors and exposed structural columns, beams and supporting walls are protected as required for exterior 1-hour fire-resistance-rated construction or heavy- timber construction or fire-retardant-treated wood on the exterior side. The fire-retardant-treated wood shall be labeled for exterior use and meet the requirements of Section 2303.2. 7A06.11 Spark arrestors. Chimneys serving fireplaces, barbecues, incinerators or decorative heating appliances in which solid or liquid fuel is used, shall be provided with a spark arrester. Spark arresters shall be constructed of woven or welded wire screening of 12 USA standard gage wire (0.1046 inch) (2.66 mm) having openings not exceeding ½ inch (12.7 mm). 7A06.11.1 Net free area. The net free area of the spark arrester shall be not less than four times the net free area of the outlet of the chimney. Section 2. Section 10-1-3 of the Vail Town Code is hereby amended by the addition of the following amendment to the International Residential Code, 2018 edition, to appear in numerical order: Section R302.15 Additional fire-resistive construction requirements: A new Section R302.15 is adopted to read as follows: R302.15 Additional fire-resistive construction requirements. The provisions of Chapter 7A of the International Building Code, as adopted and amended, shall apply to the construction, alteration, movement, repair, maintenance and use of any building, structure or premises within the wildland-urban interface area of the Town of Vail. Exceptions: 1. Additions or alterations less than 500 gross square feet in size. December 3, 2019 - Page 106 of 205 11 11/26/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\TC\WUI CODE TEXT AMENDMENT\CHRIS OLD STUFF\USE THIS ONE - WILDLAND-URBAN INTERFACE CODE-O111419.DOCX 2. Repair or replacement of less than twenty-five percent (25%) of a deck surface or structure. 3. Accessory structures not exceeding 120 square feet in floor area where located not less than 30 feet from buildings containing habitable spaces. 4. Agricultural buildings located not less than 30 feet from buildings containing habitable spaces. Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this Chapter for new buildings or structures. Section 3. Section 12-11-1 of the Vail Town Code is hereby amended by the addition of the following new Subsection D(6): 6. Balance the design and aesthetic desires of the community and the economy of Vail as an international resort destination with the need to protect the community from the risk of wildland fire. Section 4. Section 12-11-3(C) of the Vail Town Code is hereby amended as follows: C. Nonconforming Sites and Structures; Effect of Design Guidelines: 1. Buildings and sites which are not in conformance wit h the design guidelines, due to annexations or changes in code provisions (i.e., legal nonconformities), shall be required to conform with the design guidelines when allowable gross residential floor area (GRFA) (the GRFA that is permitted by the density control section of various zone districts), gross floor area, commercial floor area, or garage area credit is added to any existing structure or site. Nothing in this code shall be deemed to retroactively require conformance with design guidelines for existing buildings or sites unless specifically required by this code. * * * 5. Additions or alterations of less than 500 square feet of gross floor area shall be exempt from conformance with Section 14-10-5(B) and 14-10-8(B) of this Code but shall require design review. For additions of 500 square feet or greater of gross floor area, the addition and impacted landscaping shall comply with Section 14 -10- 5(B) and 14-10-8(B) of this Code. Section 5. Section 12-11-4(C)(1)(f) of the Vail Town Code is hereby amended as follows: December 3, 2019 - Page 107 of 205 12 11/26/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\TC\WUI CODE TEXT AMENDMENT\CHRIS OLD STUFF\USE THIS ONE - WILDLAND-URBAN INTERFACE CODE-O111419.DOCX f. Landscape Plan: A landscape plan drawn at a scale of one -inch equals twenty feet (1" = 20') or larger. The landscape plan shall show locations of existing trees or groups of trees having trunks with diameters of four inches (4") or more at one foot (1') above natural grade that are proposed to be removed. Shrubs and other native plants proposed to be removed shall be indicated. The landscape plan shall show trees and other native plants proposed to be retained and methods to be utilized for the purpose of protecting existing vegetation, the location and design of proposed landscaped areas, irrigation systems, the varieties and sizes of plant materials to be planted therein, and the location and design of swimming pool areas, patios, play areas, recreation facilities, and other usable open space. The landscape plan shall show the mature canopy of trees and shrubs after fifteen (15) years of growth. The landscape plan shall be accompanied by a landscape materials list specifying size and quanti ty of plant materials and a report of the condition of the existing vegetation upon the site. The landscape plan shall include sufficient detail to provide a reliable basis for estimating the amount of a performance bond guaranteeing installation and maintenance of the improvement if required by the Town. Section 6. Section 12-21-1 of the Vail Town Code is hereby amended as follows: The purpose of this Chapter is to help protect the inhabitants of the Town from dangers relating to development of floodplains, avalanche paths, steep slopes, wildfire hazard areas and geologically sensitive areas; to regulate the use of land areas which may be subject to wildfire, flooding and avalanche or which may be geologically sensitive; and to further regulate development on steep slopes; to protect the economic and property values of the Town, to protect the aesthetic and recreational values and natural resources of the Town, which are sometimes associated with floodplains, wildfire hazard areas, avalanche areas and areas of geological sensitivity and slopes; to minimize damage to public facilities and utilities and minimize the need for relief in cleanup operations; to give notice to the public of certain areas within the Town where floodplains, wildfire hazard areas, avalanche areas and areas of geologic sensitivity exist; and to promote the general public health, safety and welfare. Section 7. Section 12-21-2 of the Vail Town Code is hereby amended by the addition of the following new definition, to appear in alphabetical order: WILDFIRE HAZARD AREA: An area at elevated risk to public safety from wildland fire. Wildfire hazard areas contain or are surrounded by vegetation, live or dead, which has the potential to burn and cause public safety hazards. The entirety of the Town of Vail lies within a wildfire hazard area. December 3, 2019 - Page 108 of 205 13 11/26/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\TC\WUI CODE TEXT AMENDMENT\CHRIS OLD STUFF\USE THIS ONE - WILDLAND-URBAN INTERFACE CODE-O111419.DOCX Section 8. Section 12-21-3 of the Vail Town Code is hereby amended as follows: The Town Manager shall formulate and develop master hazard plans for the Town. Said hazard plans shall be based on engineeri ng studies and shall indicate the location of known floodplains, avalanche, wildfire hazard areas and geological hazard zones of influence, known red and blue avalanche and geological hazard areas, and forty percent (40%) slope areas. In addition, the plans may show any other information or data deemed to be desirable by the town manager. Maximum citizen participation during the formulation of the master hazard plans as well as other phases of the information implementation of the hazard studies and regulations shall be encouraged. The purpose of the master hazard plans is to identify and alleviate present and future problems created by the construction of improvements in the hazard areas within the Town by means of presenting in an orderly fashion the general data and information which are essential to the understanding of the relationship between the hazards and improvements located within said areas. The master hazard plans may be altered from time to time to conform to new information or existing conditions. Section 9. Chapter 21 of Title 12 of the Vail Town Code is hereby amended by the addition of the following new Section 12-21-16: 12-21-16: RESTRICTIONS IN WILDFIRE HAZARD AREAS The entirety of the Town of Vail lies within a wildfire hazard area. The natural vegetation surrounding and throughout the community is dependent on wildfire for regeneration and ecosystem health. The ecosystem is dependent upon infrequent, high severity stand replacing wildfire. Wildfires of this character can carry over m any thousands of acres and burn for several weeks. Besides substantial flaming fronts, fires of this nature frequently send large quantities of embers miles outside of the main fire perimeter igniting additional spot fires. Due to the long and narrow layout of the Town, no location within the Town limits is outside the potential ember fall area from a wildfire. Structures built within the Town shall be constructed and landscaped in a manner to resist ignition from wildfire flames and embers. Specific requirements for ignition resistant construction and landscaping are in Title 10, Chapter 1; Title 12, Chapter 11; and Title 14, Chapter 10 of this Code. Section 10. Section 14-2-1 of the Vail Town Code is hereby amended by the addition of the following new definition, to appear in alphabetical order: FLOOR AREA, GROSS: The total floor area within the enclosing walls of a structure including without limitation the following: December 3, 2019 - Page 109 of 205 14 11/26/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\TC\WUI CODE TEXT AMENDMENT\CHRIS OLD STUFF\USE THIS ONE - WILDLAND-URBAN INTERFACE CODE-O111419.DOCX A. Areas specifically designed and used for mechanical equipment to operate the building; B. Stairways; C. Elevators; D. Common hallways; E. Common lobbies; F. Common restrooms; G. Areas designed and used for parking; H. Areas designed and used as storage which do not have direct access to an individual office or retail store, not to exceed five percent (5%) of the total proposed net floor area for office and not to exceed eight percent (8%) of the total proposed net floor area for retail; and I. Areas that may be deducted from the gross residential floor area per Section 12-15-3 of this code. "Common areas" are spaces for which all occupants in the building contribute toward the upkeep and maintenance thereof and are not used for employee working areas. Section 11. Section 14-10-3(D) of the Vail Town Code is hereby amended as follows: D. All areas disturbed during construction shall be revegetated. Replacement of disturbed soils and vegetation shall comply with Section 14-10-8 of this Code. If necessary, the design review board may designate allowable limits of construction activity and require physical barriers in order to preserve significant natural features and vegetation upon a site and adjacent sites during construction. Section 12. Section 14-10-5(B) of the Vail Town Code is hereby repealed and reenacted to read as follows: B. Ignition Resistant Materials: The use of ignition resistant building materials and designs intended to prevent the spread of fire are required, unless otherwise exempted by Section 12 -11-3 this Code. Vail Fire and Emergency Services is available to provide more information on the use of ignition resistant materials and designs. Predominantly natural building materials shall be used within the Town. 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; December 3, 2019 - Page 110 of 205 15 11/26/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\TC\WUI CODE TEXT AMENDMENT\CHRIS OLD STUFF\USE THIS ONE - WILDLAND-URBAN INTERFACE CODE-O111419.DOCX 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. 1. 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: a. That the proposed material is satisfactory in general appearance, quality over time, architectural style, design, color, and texture; b. That the use of the proposed material complies with the intent of the provisions of this Code; and c. That the use of the proposed material is compatible with the structure, site, surrounding structures, and overall character of the Town. 2. The provisions of this Paragraph B shall apply to the construction, alteration, movement, repair, maintenance and use of any building, structure or premises within the Town, unless otherwise exempt by Section 12-11-3 of this Code. Buildings or structures moved into or within the Town of Vail shall comply with the provisions of this Code for new buildings and structures. 3. Repair or replacement of twenty-five percent (25%) or less of a deck surface or support structure is exempt from the ignition resistant requirements of this Paragraph B. 4. Combustible siding, as defined in the Town’s adopted building codes, may be used as long as it does not cover more than thirty - three percent (33%) of a given wall (excluding windows, doors and other openings) and may not be within 5 feet of the ground level. Combustible siding which has a profile that may allow ember intrusion such as wood shake or wood shingle is prohibited. Section 13. Section 14-10-5(G) of the Vail Town Code is hereby amended by the deletion of Paragraph 3(d). Section 14. Section 14-10-8 of the Vail Town Code is hereby amended as follows: A. Various natural vegetation zones exist within the Gore Valley as a result of the form and aspects of the land itself. The north facing slopes December 3, 2019 - Page 111 of 205 16 11/26/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\TC\WUI CODE TEXT AMENDMENT\CHRIS OLD STUFF\USE THIS ONE - WILDLAND-URBAN INTERFACE CODE-O111419.DOCX within the valley are typically heavily wooded with spruce, pine and aspen and generally receive less direct sunlight than the drier south facing slopes which typically consist of sage, aspen and other vegetation tolerant of drier conditions. The valley floor which is adjacent to Gore Creek consists of a wide variety of trees and shrubs adapted to the relatively fertile soil and natural availability of water. The goal of any landscape plan shou ld be to preserve and enhance the natural landscape character of the area in which it is to be located and serve as an aid in fire prevention and protection. The landscape scale and overall landscape design shall be developed so that new vegetation is int egral with the natural landscape and the inherent form, line, color and texture of the local plant communities. Since the The major objective of the landscaping is to help reduce the scale of new structures, to assist in the screening of structures, to reduce the risk to life and structures from the intrusion of fire from wildland fire exposure and fire exposures from adjacent structures, and to mitigate structure fires from spreading to wildland fuels. the The planting of large-sized, well-spaced plant materials is encouraged. Fire wise plant materials are encouraged required due to their ability to resist fire. Trees should shall be maintained through limbing and pruning in order to prevent limbs from being too close to structures and other plant materia ls. Special care should be taken in selecting the types of plants to use when designing a landscape plan. Final selection should be based upon the soils and climate, ease of establishment, suitability for the specific use desired, ability to deter the spread of fires and the level of maintenance that can be provided. New planting shall use plants that are indigenous to the Rocky Mountain alpine and subalpine zones or are capable of being introduced into these zones. A recommended list of plant materials, some indigenous to the Vail area, is on file with the department of community development. Also indicated on the list are fire wise plant materials which are suitable for planting within the Vail area. The minimum sizes of landscape materials acceptable are as follows: Required trees: Deciduous 2-inch caliper Conifers 6 foot Required shrubs #5-gallon container Foundation shrubs shall have a minimum height of 18 inches at time of planting. December 3, 2019 - Page 112 of 205 17 11/26/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\TC\WUI CODE TEXT AMENDMENT\CHRIS OLD STUFF\USE THIS ONE - WILDLAND-URBAN INTERFACE CODE-O111419.DOCX B Landscape design shall be developed to locate new planting s in order to extend existing canopy edges or planted in natural looking groups and shall be designed and insta lled in conformance with the Vail Fire and Emergency Services Fire-Resistant Landscaping guidelines, unless exempted by Section 12-11-3 of this Code. Geometric plantings, evenly spaced rows of trees, and other formal landscape patterns shall be avoided. … J. All plantings must be mulched with materials as listed in the Vail Fire and Emergency Services Fire-Resistant Landscaping guidelines, unless otherwise exempt per Section 14-10-5 B 12-11-3 of this Code. … L. Defensible space shall be created and maintained in an area extending from the perimeter or projection of the building or structure to a radius of 100 feet or the lot lines, whichever is less. Defensible space and landscaping shall comply with Vail Fire and Emergency Services Fire - Resistant Landscaping guidelines. Section 15. Section 14-10-10(B) of the Vail Town Code is hereby amended as follows: B. Accessory buildings generally should be attached to the main building either directly or by means of a continuous wall, fence or similar feature of the same or a complementary material as the main building's exterior finish. Section 16. The changes adopted by this Ordinance shall be effective for all Building Permit Applications received by the Town of Vail’s Community Development Department on or after _______, 2020. Section 17. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 18. The amendment of any provision of the Vail Town Code in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. December 3, 2019 - Page 113 of 205 18 11/26/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\TC\WUI CODE TEXT AMENDMENT\CHRIS OLD STUFF\USE THIS ONE - WILDLAND-URBAN INTERFACE CODE-O111419.DOCX Section 19. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. December 3, 2019 - Page 114 of 205 19 11/26/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\TC\WUI CODE TEXT AMENDMENT\CHRIS OLD STUFF\USE THIS ONE - WILDLAND-URBAN INTERFACE CODE-O111419.DOCX INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this ___ day of ______________, 2019 and a public hearing for second reading of this Ordinance is set for the ____ day of ____________, 2019, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ____ day of ________________, 2019. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk December 3, 2019 - Page 115 of 205 DEFINITIONS [RB] CLADDING. The exterior materials that cover the sur- face of the building envelope that is directly loaded by the wind. I [MP] CLEANOUT. An opening in the drainage system used for the removal of possible obstruction and located to allow for access. [RE] CLIMATE ZONE. A geographical region based on climatic criteria as specified in this code. For the defmition applicable in Chapter 11, see Section N1101.6. [RB] CLOSET. A small room or chamber used for storage. I [RB] COLLAPSIBLE SOILS. Soils that exhibit volumetric reduction in response to partial or full wetting under load. [MP] COLLECTION PIPE. Unpressurized pipe used within the collection system that drains on-site nonpotable water or rainwater to a storage tank by gravity. [MP] COMBINATION WASTE AND VENT SYSTEM. A specially designed system of waste piping embodying the horizontal wet venting of one or more sinks, lavatories or floor drains by means of a common waste and vent pipe ade- tel · e free vement · above the flow . The air provided to fuel-burn- ing equipment including air for fuel combustion, draft hood dilution and ventilation of the equipment enclosure. [MP] COMMON VENT. A single pipe venting two trap arms within the same branch interval, either back-to-back or one above the other. I [RB] COMPRESSIBLE SOILS. Soils that exhibit volumet- ric reduction in response to the application of load even in the absence d wetting or drying. [MP] CONDENSATE. The liquid that separates from a gas due to a reduction in temperature; for example, water that condenses from flue gases and water that condenses from air circulating through the cooling coil in air conditioning equip- ment. [MP] CONDENSING APPLIANCE. An appliance that condenses water generated by the burning of fuels. [RB] CONDITIONED AIR. Air treated to control its tem- perature, relative humidity or quality. [RE] CONDITIONED FLOOR AREA. For the definition applicable in Chapter 11, see Section N1101.6. [RE] CONDITIONED SPACE. For the definition applica- ble in Chapter 11, see Section N1101.6. [RB] CONSTRUCTION DOCUMENTS. Written,· graphic and pictorial documents prepared or assembled for describing the design, location and physical characteristics of the ele- ments of a project necessary for obtaining a .building permit. Construction drawings shall be drawn to an appropriate scale. [MP] CONTAMINATION. A high-hazard or health-hazard impairment of the quality of the potable water that creates an actual hazard to the public health through poisoning or 14 through the spread of disease by sewage, industrial fluids or waste. [RE] CONTINUOUS AIR BARRIER. For the definition applicable in Chapter 11, see Section N1101.6. [RE] CONTINUOUS INSULATION (ci). For the defini- tion applicable in Chapter 11, see Section N1101.6. [MP] CONTINUOUS WASTE. A drain from two or more similar adjacent fixtures connected to a single trap. [MP] CONTROL, LIMIT. An automatic control responsive to changes in liquid flow or level, pressure, or temperature for limiting the operation of an appliance. [MP] CONTROL, PRIMARY SAFETY. A safety control responsive directly to flame properties that senses the pres- ence or absence of flame and, in event of ignition failure or unintentional flame extinguishment, automatically causes shutdown of mechanical equipment. · [MP] CONVECTOR. A system incorporating a heating ele- ment in an enclosure in which air enters an opening below the heating element, is heated and leaves the enclosure through an opening located above the heating element. · [RB] -CORE. The lightweight middle section of a structural insulated panel, composed of foam plastic insulation, that provides the link between the two facing shells. [RB] CORROSION RESISTANCE .. The ability of a material to withstand deterioration of its surface or its properties where exposed to its environment. [RB] COURT. A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls or a building. [RB] CRAWL SPACE. An underfloor space that is not a 1: basement. [RE] CRAWL SPACE WALL. For the definition applica- ble in Chapter 11, see Section N1101.6. [RB] CRIPPLE WALL. A framed wall extending from the top of the foundation to the underside of the floor framing of the first story above grade plane. [MP] CROSS CONNECTION. Any connection between two otherwise separate piping' systems that allows a flow from one system to the other. [RB] CROSS-LAMINATED TIMBER. A prefabricated engineered wood product consisting of not less than three layers of solid-sawn lumber or structural composite lumber where the adjacent layers are cross-oriented and bonded with structural adhesive to form a solid wood element. [RE] CURTAIN WALL. For the definition applicable in Chapter 11, see Section N1101.6. [RB] DALLE GLASS. A decorative composite glazing material made of individual pieces of glass that are embedded in a cast matrix of concrete or epoxy. [MP] DAMPER, VOLUME. A device that will restrict, retard or direct the flow of air in any duct, or the products of combustion of heat-producing equipment, vent connector, vent or chimney. 20181NTERNATIONAL RESIDENTIAL CODE® December 3, 2019 - Page 116 of 205 n 1e lS ty >h o.e he ed . 5, for lC- 1ile I ifi- ing ard JC- part ·the l the rer~s oney ete, solid :ly of than 1nda- .on of gases -flow none enter- gh the ' soli,d :en the Solid. A masonry unit wil:h a net cross-sectional area in every plane parallel to the loadbearing surface that is 75 percent or more of its cross-sectional area measured in the same plane. [RB] MEAN ROOF HEIGHT. The average of the roof eave height and the height to the highest point on the roof surface, except that eave height shall be used for roof angle of less than or equal to 10 degrees (0.18 rad) . [MP] :MECHANICAL DRAFT SYSTEM. A venting sys- tem designed to remove flue or vent gases by mechanical rneai:J.s, that consists of an induced draft portion under non- p~sitive static pressure or a forced draft portion under posi-- tive static pressure. Forced draft venting system. A portion of a venting sys- tem using a fan or other mechanical means to cause the removal of flue or vent gases under positive static pres- sure. Induced draft venting system. A portion of a venting system using a fan or other mechanical means to cause the removal of flue or vent gases under nonpositive static vent pressure. Power venting system. A portion of a venting system -using a fan or other mechanical means to cause the -removal of flue or vent gases under positive static vent pressure. IMP] MECHANICAL EXHAUST SYSTEM. A system for removing air from a room or space by mechanical means. [MP] MECHANICAL JOINT. 1. ·A connection between pipes, fittings or pipes and fit- tiggs that is not welded, brazed, caulked, soldered, sol- . vent cemented or heat-fused. ~-A general form of gas-or liquid-tight connections ·obtained by the joining of parts through a positive hold- ing mechanical construction such as, but not limited to, flanged, screwed, clamped or flared connections. !'MPl _MECHANICAL SYSTEM. A system specifically addressed and regulated in this code and composed of com- ponents, devices, appliances and equipment. [RIO METAL ROOF PANEL. An interlocking metal sheet havii1g an installed weather exposure of not less than 3 square fe~t (0.28 m2) per sheet. TRB] METAL ROOF SHINGLE. An interlocking metal 'sheet 'having an installed weather exposure less than 3 square feet {0.28 m2) per sheet. rRB] MEZZANINE. An intermediate level or levels between the floor and ceiling of any story. MOJ)IFIED BITUMEN ROOF COVERING. One or of polymer modified asphalt sheets. The sheet shall be fully adhered or mechanically attached to $\lbstrate or held in place with an approved ballast layer~ MULTIPLE-STATION SMOKE ALARM. Two or si?gle-station alarm devices that are capable of inter- --.-.,. .. ,,,. such that actuation of one causes all integral or audible alarms to operate. TIONAL RESIDENTIAL CODE® DEFINITIONS [RB] NAILABLE SUBSTRATE. A product or material such as framing, sheathing or furring, composed of wood or wood-based materials, or other materials and fasteners pro-· viding equivalent fastener withdrawal resistance. [MP] NATURAL DRAFT SYSTEM. A venting system designed to remove flue or vent gases under non positive· static vent pressure entirely by natural draft. [RB] NATURALLY DURABLE WOOD. The heartwood of the following species with the exception that an occasional piece with comer sapwood is permitted if 90 percent or more of the width of each side on which it occurs is heartwood. Decay resistant. Redwood, cedar, black locust and black walnut. Termite resistant. Alaska yellow cedar, redwood, Eastern red Weste d cedar including all sapwood of [ e ea ge landings at the top of stairway flights. [RB] OCCUPIED SPACE. The total area of all buildings or structures on any lot or parcel of ground projected on a hori- zontal plane, excluding permitted projections as allowed by this code. [MP] OFFSET. A combination of fittings that makes two changes in direction, bringing one section of the pipe out of line and into a line parallel with the other section. [MP] ON-SITE NONPOTABLE WATER REUSE SYS- TEMS. Water systems for the collection, treatment, storage, distribution, and reuse of nonpotable water generated on site, including but not limited to graywater systems. This defini- tion does not include rainwater harvesting systems. [RE] ·OPAQUE DOOR. For the definition applicable in Chapter 11, see Section Nll01.6. [RB] OWNER. Any person, agent, firm or corporation hav- ing a legal or equitable interest in the property. [RB] PAN FLASHING. Corrosion-resistant flashing at the base of an opening that is integrated into the building exterior wall to direct water to the exterior and is premanufactured, fabricated, formed or applied at the job site. [RB] PANEL THICKNESS. Thickness of core plus two layers of structural wood panel facings. [MP] PELLET FUEL-BURNING APPLIANCE. A closed combustion, vented appliance equipped with a fuel feed mechanism for burning processed pellets of solid fuel of a sp~cified size and composition. [MP] PELLET VENT. A vent listed and labeled for use with a listed pellet fuel-burning appliance. ' [RB] PERFORMANCE CATEGORY. A designation of wood structural panels as related to the panel performance used in Chapters 4, 5, 6 and 8. 21 December 3, 2019 - Page 117 of 205 FIRE-RESISTANT LANDSCAPING A “how to” guide for protecting your home LANDSCAPING DEFENSIBLE SPACE NON-COMBUSTIBLE LANDSCAPE ZONE TYPES OF GROUND COVER STRUCTURAL ELEMENTS LANDSCAPE MAINTENANCE PROPERTY SELF ASSESSMENT December 3, 2019 - Page 118 of 205 O2 FIRE-RESISTANT LANDSCAPING Vail is located in an ecosystem that has adapted to infrequent but severe wildfires. The wonderful views and abundant forests that brought us all to the valley can also be a major threat to our safety and property. Because embers are the leading cause of home ignition during wildfires, all areas of the community are at risk. Residents and property owners can take some simple but effective mitigation steps to ensure that their homes have a greater chance of surviving a wildfire. During a wildfire everything on your property – landscaping, cars and the home itself – has the potential to become fuel for the fire. Fire-resistant landscaping is one step property owners can take to decrease these hazards. A home’s defensible space zone starts at the foundation wall and extends out to the property line. If grasses, brush, trees and other common forest fuels are removed, reduced or modified to lessen a fire’s intensity and keep fire away from the home, the probability that the home will survive a wildfire is increased. During a wildfire, a home with little or no defensible space may be hard to defend. Firefighters may be forced to choose defending other homes that have better defensible space.Photo by Jack AffleckVail is surrounded by thousands of acres of forest land which elevates the risk for wildfire. December 3, 2019 - Page 119 of 205 O3 A fire-resistant landscaping plan within the defensible space zone can yield a many-fold return of beauty, enjoyment and added property value. While use of native plant materials is generally best, a variety of adapted species will also thrive. Select plants that are more resistant to wildfire. Examples include: Native: Bog Birch, Chokecherry Adapted: Russian Hawthorn, Ginnla Maple, Lanceleaf Cottonwood Other considerations: • Trees and shrubs nearest to your home should be widely spaced with lower heights than those farther away. • Plant in small, irregular clusters or islands. Avoid planting in large masses. • Use decorative rock, gravel and stepping stone pathways to break up the continuity of vegetation and fuels. This can slow the spread of fire across your property. • Incorporate a diversity of plant types and species to minimize loss from pests and disease. • In the event of drought and water ration- ing, focus on maintaining plants closest to your house. • Use organic or inorganic mulches to conserve moisture and reduce weed growth. Do not use pine bark, thick layers of pine needles or other mulches that readily carry fire. Avoid large continuous mulched areas. Be creative! Vary your landscape by including bulbs, garden art and containers. LANDSCAPING DEFENSIBLE SPACE Fire-resistant landscaping can be both attractive and offer additional protection from a wildfire. December 3, 2019 - Page 120 of 205 O4 vailgov.com/fire | 970.479.2250 NON-COMBUSTIBLE LANDSCAPE ZONE The first 5 feet outward from a foundation wall or deck is one of the most critical parts of your landscaping for home survivability. • Keep this area free of flammable materials and vegetation. • Use walkways, stone or concrete patios and landscape stone laid over weed barrier. • Well irrigated and maintained grass can be used in this area but is less desirable. Optimum placement of vegetation near a structure includes: A. Mow grass short around shrubs. B. The best tree species to plant generally are those naturally occurring on or near the site. C. Plant low-growing, deciduous shrubs near structures. D. Plant flowers away from the structure, ensure they are well- irrigated and cut back during the dormant season. E. Keep grass mowed around structure to a maximum of 4 inches. F. Use gravel or short mowed grass next to the structure. A B C E D F Shrubs = 10’ clearance from structure Grass = 5 ‘ clearance from structure Trees = 15’ clearance from structure Illustration of recommended distances for fire-resistant landscaping December 3, 2019 - Page 121 of 205 O5 Shale rock and decomposed granite Loose cobblestone River rock Example of good non-combustible landscaping Foliage should be kept at least 10’ from structure December 3, 2019 - Page 122 of 205 O6 vailgov.com/fire | 970.479.2250 MULCH • Mulch helps control erosion, conserve moisture and reduce weed growth. Inorganic non-combustible mulch, such as gravel, rock and decomposed gran- ite is preferable for reducing wildfire hazards and will remain more effective if it is laid over a weed barrier. • When using organic mulches, such as compost or bark chips, use just enough to reduce weed and grass growth. Avoid thick layers. These thick layers of mulch tend to smolder and are difficult to extinguish when ignited. • Choose organic mulches that have a larger chip size such as screened wood chips. An alternative is to use dense finely ground materials such as a garden compost with incorporated woody material. • Avoid using needles from your native pines or conifers. Rake, gather and dispose of them often within your de- fensible space. Never use mulches such as shredded tires around your home. These mulches, once ignited, are very difficult to extinguish and give off toxic fumes. The use of rubber tire mulches are prohibited by town code. GRASSES Maintenance of the grassy areas around your home is critical. Given Vail’s extremely variable weather, wildfires can occur any time snow does not cover the ground. Tall grass will quickly carry fire to your house. Mow grasses within 30 feet of your home. Avoid mowing areas of ecological sensitivity such as within the stream tract riparian areas. • Keep grasses short closest to the house and gradually increase height outward from the house, to a maximum of 4 inches. This is particularly important during fall, winter and before green-up in early spring, when grasses are dry, dormant and in a “cured” condition. Mow grasses low around the garage, decks, firewood piles, shrubs and specimen trees with low-growing branches. Non-combustible pea gravel Organic shredded bark mulch Well maintained grass broken up with non-combustible river rock feature December 3, 2019 - Page 123 of 205 O7 FLOWER BEDS • Flowers bring variety to a landscape and provide color from May until frost. Plant flowers in widely separated beds within the defensible space zone but away from structures. • Isolate flower beds from each other and from other fuels by using gravel walk- ways, rock retaining walls or irrigated grass areas mowed to a low height. GROUND COVER PLANTS Replace bare, weedy or unsightly patches near your home with ground covers, rock gardens, vegetable gardens and mulches. • Ground cover plants break up the monot- ony of grass and enhance the beauty of your landscape. They provide a variety of textures and color and help reduce soil erosion. • Consider ground cover plants for areas where access for mowing or other main- tenance is difficult, on steep slopes and on hot, dry exposures. • Ground cover plants are usually low growing. They are succulent or have other fire resistant characteristics that make them useful, functional and attractive. When planted in beds surrounded by walkways and paths, in raised beds or as part of a rock garden, they decrease fire spread. • The ideal ground cover plant is one which will spread, forming a dense mat of roots and foliage that reduces soil erosion and excludes weeds. Blue Fescue Hens and Chickens Blue Salvia Columbines December 3, 2019 - Page 124 of 205 O8 vailgov.com/fire | 970.479.2250 SHRUBS • Shrubs lend color and variety to the landscape and provide cover and food for wildlife. However, shrubs can add to a property’s fuel source by producing flying embers, the leading cause of home ignition during wildfires. Shrubs are a “ladder fuel” – they can carry a relatively easy-to-control fire burning along the ground into tree crowns. Once a wildfire starts to burn into the crowns of the trees, they are difficult, sometimes impossible, to control. • To reduce the fire-spreading potential of shrubs, plant only widely separated low- growing, non-resinous shrubs around the property. • Do not plant shrubs directly beneath windows or vents or where they might spread under wooden decks. • Do not plant shrubs under tree crowns or use them to screen utilities, firewood piles or other flammable materials. • Plant shrubs as individuals or in small clumps apart from each other and away from any trees. Mow grasses low around shrubs. Prune dead or broken stems and remove dead material from shrubs annually. Remove the lower branches and suckers as the shrubs mature. Example of proper non-combustible surface separation Native Chokecherry Example of unsafe separation between structure and vegetation December 3, 2019 - Page 125 of 205 O9 TREES Trees provide a large amount of available fuel for a fire and can be a significant source of embers if they do burn. • Heat from burning trees can ignite nearby shrubs, trees and structures. • The best species to plant generally are those already growing on or near the property. If your property receives enough moisture, plant deciduous trees such as aspen or cottonwood. These species, even when planted in dense clumps, generally do not burn well, if at all. Remove accumulations of dead leaves close to structures as soon as possible after leaf drop. • If evergreen trees are desired or required, take care in properly locating the trees. Do not plant evergreen trees near struc- tures. Leave plenty of room between trees to allow for their growth. Spacing of trees within the defensible space should be at least 10 feet between the edges of crowns. On steep ground, allow even more space between crowns. Plant smaller trees initially on a 20- to 25- foot spacing to allow for tree growth. At some point, you will have to thin your trees to retain proper spacing. • As the trees grow, prune branches to a height of 10 feet above the ground. Do not overprune the crowns. A good rule of thumb is to remove no more than one-third of the live crown of the tree when pruning. Prune existing trees as well as ones you planted. • Some trees (for example, Colorado blue spruce) tend to keep a full crown. Other trees grown in the open may also exhibit a full growth habit. Limit the number of trees of this type within the defensible space. Prune surround- ing trees and shrubs as described above and mow grasses around such specimen trees. Example of safe ground clearance Example of tree too close to structure December 3, 2019 - Page 126 of 205 1O vailgov.com/fire | 970.479.2250 When building a deck or patio: • Use concrete, flagstone, rock, pavers, heavy timbers or wood products pressure- treated for fire resistance. Avoid use of untreated wood deck boards. Always clear any debris from below decks, between boards or areas that collect debris. • If your property requires a retaining wall, consider the materials used for construction. Rock or masonry walls are best, but even wooden tie walls constructed of heavy timbers will work. Avoid having landscape timbers tying into the structure. • On steep slopes, consider building steps and walkways around structures. This serves as a physical barrier to fire spread. STRUCTURAL ELEMENTS OF A FIRE-RESISTANT LANDSCAPE Gabian rock wall Stacked stoneExample of non-combustible landscaping December 3, 2019 - Page 127 of 205 11 MAINTENANCE A landscape is a dynamic system that constantly grows and changes. Keep your landscape maintained year-round to retain its fire-resistant properties. • Always keep a watchful eye towards reducing fuel volumes available to fire. Be aware of how quickly plants grow within your landscape and of the chang- es that occur throughout the seasons. • Remove annuals and cut back perennials after they have gone to seed or when the stems become overly dry. • Rake up leaves and other litter as it builds up through the season. • Mow or trim grasses to a low height within your defensible space. This is particularly important as grasses cure. • Remove plant parts damaged by snow, wind, frost or other agents. • Timely pruning is critical. Pruning not only reduces fuel volumes but also maintains healthier plants by producing more vigorous, succulent growth. Landscape maintenance is a critical part of your home’s defense system. Even the best defensible space can be compro- mised through lack of maintenance. December 3, 2019 - Page 128 of 205 PROPERTY SELF ASSESSMENT Your self assessment starts with an overall look at your home site. Certain factors such as: the slope of the area, where your home sits on the hillside, distance between you and your neighbors, and the design of your home greatly influence your risk from wildfires. Items in green indicate a lower risk while items in orange and red indicate high risk factors. Many of these risk factors can not be directly changed, however mitigation actions such as changing/reducing landscaping around your home can reduce the effect of these risk factors. Vail Fire and Emergency Services is available year-round to assist you with any questions or concerns. Contact the Wildland Division at 970.477.3475. INFORMATIONAL General Slope of Area 0 - 9% 10 - 20% 21 - 30% 31 - 41% > 40% Homes positioned on a slope or Bottom 1/3 of slope Middle 1/3 of slope Top 1/3 of slope, ridge top, proximity to features that adversely saddle or adjacent to steep affect wildfire behavior canyon or box canyon Separation of structures that can 30 feet or greater 20-29 feet Less than 20 feet contribute to fire spread/ behavior Architectural styles that contribute Complex roof designs Interior corners/ Large overhangs to home ignition roof dormers BUILT ZONE - The structure itself YES NO Non-combustible roof materials present Non-combustible siding material present on 75% or more of the structure Deck built with ignition-resistant materials Absence of combustible attachments (i.e. fences, window boxes, accessory buildings) Spark arrestor on chimneys 4” or larger address displayed where it is visible from the road 12 vailgov.com/fire | 970.479.2250 December 3, 2019 - Page 129 of 205 LEAN, CLEAR AND GREEN ZONE - Within 5 feet of structure YES NO Branches removed from within 10 feet of the structure Leaves, needles and other flammable materials removed from gutter and roof Leaves, needles and other flammable materials removed from on top and beneath decks, steps and overhangs No plants, leaves, needles and other flammable material within 5 feet of structure WILDLAND FUEL REDUCTION ZONE - Within 100 feet of the structure YES NO Grass mowed to 4 inches or less in height within 30 feet of the structure Trees thinned to spacing guidelines on page 9 Shrubs thinned to spacing guidelines on page 8 Flammable brush removed from beneath trees Trees limbed to a minimum of 6 feet above ground (10 feet desired, do not limb more than 1/3 of the total height of the tree) Dead or dying material removed from the lower 10 feet of all trees and bushes ACTIONS TO BE TAKEN TO MAKE YOUR HOME SAFER ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ 13 December 3, 2019 - Page 130 of 205 14 vailgov.com/fire | 970.479.2250 WAYS WILDFIRE WILL THREATEN YOUR RESIDENCE Vail Fire and Emergency Services has provided this guide as a reference for community members to understand wildfire risks and ways to reduce that risk. Following these recommendations will help your home survive in the event of a wildland fire. For more information, refer to vailgov.com/departments/fire/wildland. Wildfire will threaten your property in three ways: Contact by Flames This type of threat occurs when vegetation and other fuels burning near the house produce flames that come in contact with the home and ignite it. Often it happens when fire burns through a uniform layer of vegetation right up to the house. It is important to reduce wildland vegetation on the property to reduce this threat. Radiated Heat Radiated heat is produced by electromagnetic waves that travel out in all directions from a flame. When a house receives enough radiated heat for a sufficient amount of time, it will ignite. Sometimes radiated heat can burst windows and allow burning embers to enter the house. It is important to construct homes with fire-resistant materials to reduce this threat. Flying Embers More houses burn due to flying embers than any other reason. If fire conditions are right, embers can be lofted high into the air and transported more than a mile. Burning embers can also be carried by wind and fire whirls. If these burning embers land in easily ignitable materials, a new fire can start. Wood shake roofs are especially vulnerable to ember ignition. It is important to remove flammable materials on and near homes such as pine needles, wood piles and shrubs to reduce this threat. December 3, 2019 - Page 131 of 205 Some content courtesy of CSU Extension 15 SHRUB SPACING GUIDELINES 0-5 feet from the structure There should be no combustible vegetation in this zone. Water-dependent and irrigated vegetation is acceptable if kept free of dead needles, leaves and debris. 5-30 feet from structure Vegetation in this zone should be limited to single, well-spaced specimen plants. No dead vegetation should exist in this zone. If you decide to allow some flammable brush to remain such as juniper bushes, they must be thinned and maintained to the extent that it cannot transfer fire to the structure or other vegetation. These specimen plants should not be left under the drip line of any overstory trees in this zone. Beyond 30 feet from the structure Flammable brush in this area should be removed from under the drip line of any trees. A good rule of thumb for thinning brush in open areas is to create a distance between shrubs of twice the height. For example, if a shrub is 3 feet high then the distance to the next shrub should be at least 6 feet. This spacing should increase as slope of the lot increases. TREE SPACING GUIDELINES 0-5 feet from the structure No trees or branches should be within this zone. Trees and branches should not touch or overhang the structure. If trees must be kept in this zone they should be limbed up a minimum of 10 feet and be free of dead limbs, needles and leaves. 5-30 feet from structure A few individual well spaced trees can be kept in this zone. All trees in this zone should be limbed to a height of 10 feet, but never prune branches on more than 1/3 the total height of the tree. 30-100 feet from the structure Trees in this zone should be well spaced and maintained. Trees should be spaced an average of 10 feet from drip line to drip line of the trees. Small clumps of trees can be left if desirable. Treat each clump as if it were a single tree and create spacing between the clumps. All dead and diseased trees in this zone should be removed. A permit is required for the limbing and removal of all trees in the Town of Vail limits. Permits can be obtained from the Community Development Department at 75 South Frontage Road or 970.479.2138. December 3, 2019 - Page 132 of 205 75 South Frontage Road Vail, Colorado 81657 970.479.2250 | vailgov.com/fire Photos by Townsend Bessent December 3, 2019 - Page 133 of 205 FIRE-RESISTANT LANDSCAPING PLANT RECOMMENDATIONS Preserve and enhance the natural landscape character while protecting your home from wildfire. December 3, 2019 - Page 134 of 205 5’ FROM STRUCTURE MULCH • Non-combustible Mulch GRASS & GROUND COVER • Well maintained and irrigated lawn • Perennial Flower Beds • Perennial Groundcover SHRUBS • None Recommended TREES • None Recommended TREES • Maple Varieties • Thinleaf Alder • River Birch • Hawthorn Varieties • Crabapple Varieties • Lanceleaf Cottonwood • Narrowleaf Cottonwood • Quaking Aspen • Mountain Ash • White Fir • Engleman Spruce • Colorado Blue Spruce • Bristlecone Pine • Lodgepole Pine • Pondarosa Pine • Limber Pine • Rocky Mountain Douglas-Fir 30’ + FROM STRUCTURE MULCH • Non-combustible Mulch • Screened Woodchip • Grass and Groundcover • Native Grass • Perennial Flower Beds • Perennial Groundcover • Kinnikinnick • Grape Holly • Creeping Holly SHRUBS • Ninebark Varieties • Serviceberry • Bog Birch • Rabbit Brush • Dogwood Varieties • Cotoneaster • Wax Flower • Cinquefoil • Sand Cherry • Native or Shubert Chokecherry • Antelope Bitterbrush • Current Varieties • Some Rose Species • Raspberry • Spirea Varieties • Snowberry • Lilacs • Juniper Species (planted in clumps and not under tree crowns) • Mugo Pine 5’ - 10’ FROM STRUCTURE SHRUBS (use sparingly) • Ninebark Varieties • Bog Birch • Rabbit Brush • Dogwood Varieties • Cotoneaster • Wax Flower • Cinquefoil • Sand Cherry • Antelope Bitterbrush • Current Varieties • Rose Species • Raspberry • Spirea Varieties • Snowberry • Lilacs 10’ - 30’ FROM STRUCTURE MULCH • Non-combustible Mulch • Screened woodchip or other large organic mulch GRASS & GROUND COVER • Well maintained and irrigated lawn • Native grass cut to 4 inches or less after grass has seeded • Carpet Bugle • Nodding Onion • Iceplant Species • Kinnikinnick • Snow-in-Summer • Creeping Holly • Creeping Thyme TREES (Use sparingly between 10’ and 15’ from structure and no coniferous trees within 15’ structure) • Maple Varieties • Thinleaf Alder • River Birch • Hawthorn Varieties • Thornless Cockspur • Flowering Crabapple • Lanceleaf Cottonwood • Narrowleaf Cottonwood • Quaking Aspen • Mountain Ash • White Fir • Pondarosa Pine • Engleman Spruce • Colorado Blue Spruce • Bristlecone Pine • Lodgepole Pine • Limber Pine • Rocky Mountain Douglas-Fir December 3, 2019 - Page 135 of 205 75 South Frontage Road Vail, Colorado 81657 970.479.2250 | vailgov.com/fire Optimal landscaping clearance from structure: • GRASS - 5’ • SHRUBS - 10’ • TREES - 10’ Optimum placement of vegetation near a structure includes: • Mow grasses short around trees and shrubs. • The best tree species to plant generally are those naturally occurring on or near the site. • Plant low-growing, deciduous shrubs closer to the structure and keep evergreen shrubs further away and well spaced. • Plant flowers at least 5 feet away from the structure, ensure they are well irrigated and cut back during the dormant season. • Keep grass mowed around structure to a maximum of 4 inches. However, avoid mowing ecologically sensitive areas around streams • Use gravel or short mowed grass next to the structure. Suggested plant and shrub species can thrive in the Vail area under the correct exposure conditions. Please consult a professional landscape designer or landscape architect for additional information. December 3, 2019 - Page 136 of 205 Town of Vail Wildland Urban Interface Code Amendments Mark Novak-Fire Chief Paul Cada-Wildland Program Manager December 3, 2019 - Page 137 of 205 Changing Fire Environment Town of Vail | WUI Code Adoption •Fires are becoming larger and more impactful on communities •1960’s and 70’s Large fire were 1000-4000 acres •2002 saw the first fire over 100,000 acres •2018 had multiple fires over 100,000 acres •20 of the 20 largest fires in CO history occurred since 2000 •5 of 20 largest fires occurred in 2018 “In the past two decades, a rapid escalation of extreme wildfire behavior, accompanied by significant increases in risk to responders and citizens, home and property losses, costs, and threats to communities and landscapes have been observed. -The National Cohesive Wildland Fire Management Strategy December 3, 2019 - Page 138 of 205 Fire Impacts and Threats Town of Vail | WUI Code Adoption •Direct impacts on homes, businesses and infrastructure •Flash flooding and debris flow in Gore Creek •Diminished wildlife habitat •Recreational and tourism impacts of area closures •Smoke •Hazmat created by burned out buildings •Ability to recover December 3, 2019 - Page 139 of 205 Vail’s Wildfire Risk Town of Vail | WUI Code Adoption •The entire Town of Vail is within the Wildland-Urban Interface •Embers can travel ½ to 1 mile from a wildfire •All of the area surrounding Vail is at risk for high severity, stand replacing wildfire. •The current risk of wildfire is substantially different than when the Town was founded •The wildlands surrounding Vail do not burn frequently (every 150-250 years) but when they do it is very intense and destructive. December 3, 2019 - Page 140 of 205 Vail’s Wildfire Risk Town of Vail | WUI Code Adoption *Risk of high severity fire as rated by Colorado Wildfire Risk Assessment Vail Village Intermountain East Vail December 3, 2019 - Page 141 of 205 Town of Vail Strategies to Reduce Wildfire Risk Town of Vail | WUI Code Adoption December 3, 2019 - Page 142 of 205 Methods to Reduce Structural Ignitability from Wildfire Town of Vail | WUI Code Adoption Home Hardening Vegetation Management Both are needed to prevent home loss December 3, 2019 - Page 143 of 205 What Causes Structure Ignition During a Wildfire? Town of Vail | WUI Code Adoption •Direct flame contact •Ember ignition •Structure to structure conflagration December 3, 2019 - Page 144 of 205 Current Action Town of Vail | WUI Code Adoption •Code amendments would only apply to new projects approved after adoption. Code is not retroactive •Amend building and planning codes to incorporate relevant parts of 2018 ICC IWUI code to strengthen current code. •Amend currently adopted versions of International Residential Code and International Building Code (Title 10) to include technical requirements for ignition resistant construction methods and requirements for the fire resistant landscaping. •Amend Title 12 Recognize wildfire as hazard for all of the Town of Vail. •Amend Title 14 Chapter 10 to require ignition resistant building materials and landscape design. •BFCAB, DRB and PEC all felt that proposed amendments would not significantly impact current construction methods, time or cost •Adoption of code amendments would safeguard current design standards and construction methods and put a focus on long term public safety throughout the community. December 3, 2019 - Page 145 of 205 Title 12-Zoning Regulations Town of Vail | WUI Code Adoption •Amend Title 12 to recognize wildfire as hazard for all of the Town of Vail. December 3, 2019 - Page 146 of 205 Title 14-Development Standards Town of Vail | WUI Code Adoption •Amend Title 14 Chapter 10 to require ignition resistant building materials and landscape design. December 3, 2019 - Page 147 of 205 Title 10-Building Code Amendments Town of Vail | WUI Code Adoption Amend currently adopted versions of International Residential Code and International Building Code (Title 10) to include technical requirements for ignition resistant construction methods and requirements for the fire resistant landscaping. New construction will incorporate non-combustible or ignition resistant building materials into soffits, exterior wall coverings and attachments such as decks December 3, 2019 - Page 148 of 205 Walls Town of Vail | Vail Fire Wildfire Program Summary 503.5 Exterior walls. Exterior walls of buildings or structures shall be constructed with at least one of the following methods: Such material shall extend from the top of the foundation to the underside of the roof sheathing . 1.Materials approved for not less than 1-hour fire-resistance-rated construction on the exterior side. 2.Approved noncombustible materials. 3.Heavy timber or log wall construction. 4.Ignition-resistant materials complying with Section 502.2 on the exterior side. Exterior walls covered in materials meeting the standards as described in 502.2.4.1 are not permitted to use the exception listed below. Exception: Combustible siding may be used as long as it does not cover more that 33% of the area of a given wall exclusive of openings and may not be within 5 feet of the ground level. Combustible siding which has a profile that may allow ember intrusion such as wood shake or wood shingle is prohibited. December 3, 2019 - Page 149 of 205 Walls Town of Vail | Vail Fire Wildfire Program Summary December 3, 2019 - Page 150 of 205 Walls Town of Vail | Vail Fire Wildfire Program Summary December 3, 2019 - Page 151 of 205 Attachments Town of Vail | Vail Fire Wildfire Program Summary 503.7 Appendages and projections. Unenclosed accessory structures attached to buildings with habitable spaces and projections, such as decks, shall be not less than 1-hour fire-resistance -rated construction, heavy timber construction or constructed of one of the following: 1.Approved noncombustible materials. 2.Fire -retardant-treated wood identified for exterior use and meeting the requirements of Section 2303.2 of the International Building Code. 3.Ignition-resistant building materials in accordance with Section 502.2. December 3, 2019 - Page 152 of 205 Attachments Town of Vail | WUI Code Adoption December 3, 2019 - Page 153 of 205 Landscaping Town of Vail | Vail Fire Wildfire Program Summary 602.2 Fuel modification Area. Buildings or structures shall create and maintain defensible space in an area extending from the perimeter or projection of the building to a radius of 100 feet or the lot lines whichever is less. Within the fuel modification area defensible space and landscaping shall comply with Vail Fire and Emergency Services Fire-Resistant Landscaping guidelines. Guideline is non-prescriptive to allow for flexibility, design choice and incorporation of site features December 3, 2019 - Page 154 of 205 Landscaping Town of Vail | WUI Code Adoption December 3, 2019 - Page 155 of 205 Landscaping Town of Vail | Vail Fire Wildfire Program Summary December 3, 2019 - Page 156 of 205 Landscaping Town of Vail | WUI Code Adoption December 3, 2019 - Page 157 of 205 Landscaping Town of Vail | WUI Code Adoption December 3, 2019 - Page 158 of 205 Code Implementation Town of Vail | WUI Code Adoption •Fire Department reviews landscaping and exterior building materials prior to DRB approval •Building Department reviews plans prior to permit and inspects during standard inspection process •Planning department inspects landscaping installation during standard planning inspection prior to final sign off December 3, 2019 - Page 159 of 205 Code Outreach Town of Vail | WUI Code Adoption •Hold in person workshop with building community to discuss code changes •Community Development Newsletter •Building department lunch and learn •Spring construction kick off •Sustainable Landscapers Workshop December 3, 2019 - Page 160 of 205 Code Adoption Progression Town of Vail | WUI Code Adoption •The code amendments are based upon the recommendations of the Building and Fire Code Board of Appeals (BFCAB). Fire department meet with BFCAB 7 times during the development process. •Design Review Board reviewed the proposed amendments and provided a recommendation to adopt. •Planning and Environmental Commission reviewed and recommended adoption. •Present proposed code amendments to Vail Town Council For adoption and implementation. December 3, 2019 - Page 161 of 205 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: T his item was added to the agenda on December 2, 2019. Ordinance No. 22, S eries of 2019, F irst Reading, An Ordinance A mending S ection 4-3-3-2 of the Vail Town Code to I mpose a S pecial Sales Tax on Cigarettes, Tobacco Products and Nicotine Products at the Rate of 15 cents P er Cigarette Sold or $3.00 P er PA ck of 20 Cigarettes S old and 40% on the P rice P aid for the Purchase of all Other Tobacco P roducts and Nicotine P roducts, Starting on J anuary 1, 2020 P RE S E NT E R(S ): Matt Mire, Town Attorney AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments or deny Ordinance No. 22, S eries of 2019 upon first reading B AC K G RO UND: On November 5th the Vail voters approved B allot I ssue No. 1, authorizing the imposition of a special sales tax on cigarettes, tobacco products and nicotine products beginning J anuary 1, 2020. Ordianance No. 22, Series of 2019 implements the collection of that tax. S TAF F RE C O M M E ND AT IO N: A pprove Ordinance No. 22, S eries of 2019 upon first reading AT TAC H ME N TS: Description Memorandum Tobacco Tax 120319 Ordinance No. 22, Series of 2019 December 3, 2019 - Page 162 of 205 __________________________________________________________________________ Memorandum TO: Town Council FROM: Town Attorney and Finance Department DATE: December 3, 2019 SUBJECT: Tobacco Tax Ordinance I. SUMMARY In November 2019, Town of Vail voters approved the taxation of tobacco products effective Jan 1, 2020. Attached is an ordinance to implement this approved tax into town code. II. BACKGROUND Voters approved a 15 cent per cigarette ($3 per pack of 20) and 40% on all other tobacco products. The tax will be collected and remitted by retailers in town limits, on a special tax return form. The town currently receives a share of the state cigarette tax collections (approximately $24,000 per year). For 2020, the town will no longer receive the allocation from the state in lieu of self -collected tobacco tax. Estimated new revenues from the Vail tobacco tax total $600,000 (maximum limit was set in the ballot question at $1.0 million). Currently 20 retailers in Vail sell tobacco products, including grocery stores, gas stations, liquor stores and restaurants/bars. Staff will be reaching out to communicate the changes in tax collection and remittance. III. ACTION REQUESTED FROM COUNCIL Approve or approve with amendments Ordinance No.22, Series 2019. December 3, 2019 - Page 163 of 205 Ordinance No. 22, Series of 2019 ORDINANCE NO. 22 SERIES 2019 AN ORDINANCE AMENDING SECTION 4-3-3-2 OF THE VAIL TOWN CODE TO IMPOSE A SPECIAL SALES TAX ON CIGARETTES, TOBACCO PRODUCTS AND NICOTINE PRODUCTS AT THE RATE OF 15 CENTS PER CIGARETTE SOLD OR $3.00 PER PACK OF 20 CIGARETTES SOLD AND 40% ON THE PRICE PAID FOR THE PURCHASE OF ALL OTHER TOBACCO PRODUCTS AND NICOTINE PRODUCTS, STARTING ON JANUARY 1, 2020 WHEREAS, at the November 2019 regular Town election, a majority of the registered electors of the Town voted in favor of Ballot Issue No. 1, a ballot issue to allow the Town to impose a special sales tax on tobacco products and nicotine products, starting on January 1, 2020. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 4-3-3-2 of the Vail Town Code is hereby amended by the addition of a new subsection G, to read as follows: 7-3-3-2: COLLECTION OF SALES TAX: * * * G. Special Sales Tax on Tobacco and Nicotine Products: Every retailer or vendor engaged in the business of selling nicotine products or tobacco products in the Town, as those terms are defined in C.R.S. §§ 39-28-202 and 18-13-121, shall be liable and responsible for the payment of an amount equal to 15 cents per cigarette sold or $3.00 per pack of cigarettes sold, and 40% on the price paid for all other nicotine products and tobacco products, and shall before the 20th day of each month make a return to the Finance Director for the preceding calendar month, together with remittance of all amounts due hereunder. For purposes of this subsection, all such returns and remittance shall be considered timely made to the Finance Director if they are sent by U.S. mail and are postmarked on or before the 20th day of the month. If the 20th day of any month falls on a weekend or holiday, said return and remittance may be postmarked the following business day. The special sales tax levied by this Section shall be subject to all other provisions of this Chapter. Section 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby dec lares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. December 3, 2019 - Page 164 of 205 2 12/2/2019 \\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\ORDINANCE NO. 22 SERIES OF 2019 TOBACCO TAX- O120219.DOCX Section 3. The amendment of any provision of the Vail Town Code in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of December, 2019 and a public hearing for second reading of this Ordinance is set for the 17th day of December, 2019, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 17th day of December, 2019. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk December 3, 2019 - Page 165 of 205 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Ordinance No. 17, Series 2019, S econd reading, Ordinance providing for the levy assessment and collection of the town property taxes due for the 2019 year and payable in the 2020 fiscal year P RE S E NT E R(S ): Carlie Smith, Financial S ervices Manager AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove or approve with amendments Ordinance No. 17, S eries 2019. B AC K G RO UND: The town is required by Colorado state law to certify the mill levy by December 15th of each year. S TAF F RE C O M M E ND AT IO N: A pprove or approve with amendments Ordinance No. 17, S eries 2019. AT TAC H ME N TS: Description Mill Levey 2nd Reading December 3, 2019 - Page 166 of 205 TO: Vail Town Council FROM: Finance Department DATE: December 3, 2019 SUBJECT: Mill Levy Ordinance I. SUMMARY Authorization for the collection of property taxes in 2020 II. DISCUSSION You will be asked to approve the attached mill levy ordinance upon second reading on Tuesday evening. This ordinance authorizes the collection of property taxes in 2020 based upon 2019 assessed valuations of property within the town’s boundaries. Eagle County is responsible for assessing values and for collecting property taxes on our behalf. The town is required by Colorado state law to certify the mill levy by December 15 of each year. The attached ordinance has been updated from the first reading to reflect revised assessed valuations from the county. The valuations increased by 0.031% from earlier estimates, or approximately $1,756 impact to revenue projections. 2020 budget for Property tax is $5.7 million. The property tax authorized by the attached ordinance will generate $5.7 million in revenue in 2020, representing approximately 8% of the town’s total revenue. December 3, 2019 - Page 167 of 205 Ordinance 17, Series of 2019 ORDINANCE NO. 17 SERIES OF 2019 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2019 TAX YEAR AND PAYABLE IN THE 2020 FISCAL YEAR. WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and collection of Town ad valorem property taxes due for the 2019 year and payable in the 2020 fiscal year. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. For the purpose of defraying part of the operating and capital expenses of the Town of Vail, Colorado, during its 2020 fiscal year, the Town Council hereby levies a property tax of 4.712 mills upon each dollar of the total assessed valuation of $1,208,101,420 for the 2019 tax year of all taxable property within the Town, which will result in a gross tax levy of $5,692,574 calculated as follows: Base mill levy 4.690 $5,665,996 Abatement levy .022 _ 26,578 Total mill levy 4.712 $5,692,574 Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the Colorado Revised Statutes (1973 as amended), and as otherwise required by law. 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, December 3, 2019 - Page 168 of 205 Ordinance 17, Series of 2019 any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 19th day of November, 2019. A public hearing shall be held hereon at 6 P.M. on the 3rd day of December, 2019, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. ______________________________ Dave Chapin, Mayor ATTEST: ________________________________ Scott Robson, Town Manager READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 3rd day of December 2019. _____________________________ Dave Chapin, Mayor ATTEST: ________________________________ Tammy Nagel, Town Clerk December 3, 2019 - Page 169 of 205 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Second reading of Ordinance No. 18, Series of 2019, an ordinance to allow for the rezoning of a portion of 2399 North Frontage Road West, Parcel A , a resubdivision of Tract D, Vail Das Schone Filing 1 from the General Use (G U) District to the Housing (H) District and setting forth details in regard thereto. P RE S E NT E R(S ): J onathan S pence, Senior P lanner AC T IO N RE Q UE S T E D O F C O UNC I L: T he Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 18, S eries of 2019, upon second reading. B AC K G RO UND: The applicant, the Town of Vail, is proposing to rezone a portion of the West Vail F ire S tation parcel from General Use (G U) to Housing (H) in order to facilitate the creation of a site for future development. S TAF F RE C O M M E ND AT IO N: T he Vail town Council approved Ordinance No. 18, Series of 2019, unanimously on first reading on November 19, 2019. AT TAC H ME N TS: Description Staff Memorandum Attachment A. Ordinance No. 18, Series 2019 Attachment B. Staff Memorandum, P E C19-0033, October 28, 2019 Attachment C. P E C Minutes, October 28, 2019 December 3, 2019 - Page 170 of 205 TO: Vail Town Council FROM: Community Development Department DATE: December 3, 2019 SUBJECT: Second reading of Ordinance No. 18, Series of 2019, an ordinance to allow for the rezoning of a portion of 2399 North Frontage Road West, Parcel A, a resubdivision of Tract D, Vail Das Schone Filing 1 from the General Use (GU) District to the Housing (H) District and setting forth details in regard thereto. (PEC19-0033) Applicant: Town of Vail Planner: Jonathan Spence I. SUMM ARY The applicant, the Town of Vail, is requesting approval of a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a portion of 2399 N. Frontage Road West, Parcel A, a resubdivision of Tract D Vail Das Schone Filing 1, from General Use (GU) to Housing (H). The parcel of land is located immediately southwest of the existing Chamonix Vail Neighborhood, to the northwest of the West Vail Fire Station. On October 28, 2019, the Planning and Environmental Comm ission (PEC) forwarded a unanimous recommendation, for approval, for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code. Please find the staff memorandum to the PEC included as Attachment B and the minutes from the October 28th meeting included as Attachment C. II. ACTION REQUESTE D OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modif ications, or deny Ordinance No. 18, Series of 2019, upon second reading. III. DESCRIPTION OF THE REQUEST The applicant is proposing to rezone a portion of the West Vail Fire Station parcel from General Use (GU) to Housing (H) in order to facilitate the creation of a site for future development. This portion of Parcel A will be combined with a property identified as Parcel D December 3, 2019 - Page 171 of 205 Tow n of Vail Page 2 on the Chamonix Vail Community Townhome Plat to create a future Parcel E. It is anticipated that, if approved, the newly created and consistently zoned site will be sold to generate revenue to offset the Town of Vail subsidy provided for the development of the 32 Unit Chamonix Vail Townhome project. The graphic below shows that portion of Parcel A proposed to be rezoned from General Use (GU) District to the Housing (H) District. IV. BACKGROUND The background of Parcel A, a resubdivision of Tract D, Vail Das Schone Filing is as follows: • On December 12, 1980 the subject property was annexed into the Town of Vail, via Ordinance No. 43, Series of 1980. • On November 18, 2008, Parcel A was rezoned from Commercial Core 3 (CC3) zone district to General Use (GU), via Ordinance No. 26, Series of 2008. • On January 6, 2009, the Town Council adopted an amendment to the Official Land Use Map, a component of the Town of Vail Land Use Plan, via Resolution 2, December 3, 2019 - Page 172 of 205 Tow n of Vail Page 3 Series of 2009 to classify the property as being within the Chamonix Land Use category. The same resolution also adopted the Chamonix Master Plan. • In 2010/11, The West Vail Fire Station was constructed. V. REVIEW CRITERIA Per Section 12-3-7, Amendment, Vail Town Code, before acting on a zone district boundary amendment application, the PEC and Town Council shall consider the following factors with respect to this proposal: 1. The extent to which the zone district amendments are consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. The development objectives for the community as identified in the Chamonix Master Plan, Vail 20/20 Strategic Action Plan, Land Use Plan, Environmental Sustainability Strategic Plan, and the Vail Housing 2027 Plan are: • Housing within the site shall be consistent with the permitted and conditional uses of the Housing (H) District. (Chamonix Master Plan) • Continue to manage growth through infill development with high quality residential, commercial and recreation uses that maintain the quality, character and diversity of the town. • Support the development of employee housing to support the local economy and reduce the environmental impacts of transportation. • Reduce total Vehicle Miles Travelled (VMT) by commuters and guests by 20% by 2020. The zone district amendment is consistent with the applicable elements of the adopted goals, objectives and policies outline in the Vail Comprehensive Plan. As proposed, the amendment increases the amount of land area in the Town of Vail designated for deed- restricted housing yet maintains the availability of town-owned facilities most often associated with development in the General Use District. Arguably, this amendment is not only compatible with the development objectives of the Town, but it advances the Town’s development objectives by increasing opportunities for desirable outcomes that may not exist otherwise. This amendment furthers the Town’s housing goals and advances the Vail Town Council critical actions, as identified in the Vail Town Council Action Plan 2018-2020. Staff finds this criterion to be met. 2. The extent to which the zone district amendments are suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents. December 3, 2019 - Page 173 of 205 Tow n of Vail Page 4 The zone district amendment is suitable with the existing and potential land uses on the site as well as the existing and potential surrounding land uses. As proposed, a 5,291 square foot portion of Parcel A is being added to future Parcel E in accordance with the Town’s subdivision regulations. This amendment ensures that the zone district designation of future Parcel E is consistent with existing Parcel D. Parcel D, as zoned, provides for both free- market and resident-occupied, deed-restricted residential uses. Since the development potential of future Parcel E is based upon approval of an Approved Development Plan, and not a proportional percentage of the lot area, this additional land area does not proportionally impact the size of any future structure or increase the intensity of the future uses on site. The additional square feet of land area to be zoned into the Housing District does not negatively impact existing and potential surrounding land uses. Staff finds this criterion to be met. 3. The extent to which the zone district amendments present a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The zone district amendment presents a harmonious, convenient, and workable relationship among land uses which are consistent the Town’s development objectives. The rezoning facilitates the creation of future Parcel E in a rectilinear configuration improving the constructability of the site. Staff finds this criterion to be met. 4. The extent to which the zone district amendments provide for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. The proposed zone district amendments provide for the growth of an orderly viable community by establishing sites for employee housing and other residential uses in locations near existing infrastructure, including existing roads, utilities, and bus service. The amendment does not constitute spot zoning as it is compatible with and supportive of adjacent land uses and is supported by several community goals identified in the comprehensive plan. The Community Development Department finds that rezoning a portion of Parcel A to the Housing (H) district serves the best interest of the community as a whole. Staff finds this criterion to be met. 5. The extent to which the zone district amendments result in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. December 3, 2019 - Page 174 of 205 Tow n of Vail Page 5 The proposed rezoning will not directly result in adverse impacts to the natural environment. Future developments on the rezoned parcels will be required to adhere to all applicable environmental standards during development review, construction and operation. Any development in the Housing (H) District will also require review of a development plan by the Planning and Environmental Commission, as well as review of the design and landscaping plan by the Design Review Board. Although located on a hillside, this application is subsequent to PEC19-0036, an application for a variance to allow for development in the Housing Zoning District on a slope of forty percent (40%) or greater, located at 2420 Chamonix Lane. Staff finds this criterion to be met. 6. The extent to which the zone district amendments are consistent with the purpose statement of the proposed zone district. The proposed rezoning is consistent with the purpose statement of the Housing (H) District and future developments on these sites will also be required to be compatible with its intent, as demonstrated through the amended development plan. Below is the purpose statement for the Housing (H) zone district. Housing Section 12-6I-1 PURPOSE The housing district is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone districts. It is necessary in this zone district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The housing district is intended to ensure that employee housing permitted in the zone district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. Staff finds this criterion to be met. 7. The extent to which the zone district amendments demonstrate how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. The portion of the site that is proposed to be rezoned is not being used by the Vail Fire Department, which also has no plans for its future use. Combined to create future Parcel E, December 3, 2019 - Page 175 of 205 Tow n of Vail Page 6 the rezoning will facilitate future development in the Housing District, a more appropriate and beneficial use. Staff finds this criterion to be met. 8. Such other factors and criteria as the commission and/or council deem applicable to the proposed rezonings. VI. RECOMMENDED MOTION Should the Vail Town Council choose to approve Ordinance No.18, Series of 2019, upon second reading, the Planning and Environmental Commission recommends the Council pass the following motion: “The Vail Town Council approves, on second reading, Ordinance No. 18, Series of 2019, ordinance to allow for the rezoning of a portion of 2399 North Frontage Road West, Parcel A, a resubdivision of Tract D, Vail Das Schone Filing 1 from the General Use (GU) District to the Housing (H) District and setting forth details in regard thereto” Should the Vail Town Council choose to approve Ordinance No. 18 Series of 2019, Planning and Environmental Commission recommends the Council make the following findings: “Based upon the review of the criteria outlined in Sections VIII of the Staff memorandum to the Planning and Environmental Commission dated October 28, 2019 and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; 2. That the amendments are compatible w ith and suitable to adjacent uses and appropriate for the surrounding areas; and, 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.” VII. ATT ACHMENTS A. Ordinance No. 18, Series of 2019 B. Staff Memorandum, PEC19-0033, October 28, 2019 C. PEC Minutes, October 28, 2019 December 3, 2019 - Page 176 of 205 Ordinance No. 18, Series 2019 - 1 - ORDINANCE NO. 18 SERIES OF 2019 AN ORDINANCE FOR A ZONE DISTRICT BOUNDARY AMENDMENT, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR A REZONING OF A PORTION OF PARCEL A, A RESUBDIVISION OF TRACT D, A RESUBDIVISION OF VAIL DAS SCHONE FILING NO. 1. THE REZONING WILL CHANGE THE ZONE DISTRICT FROM GENERAL USE (GU) DISTRICT TO THE HOUSING (H) DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the “Town”), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the “Charter”); WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for amending a zone district boundary; WHEREAS, the subject property, described in Exhibit A, attached hereto and incorporated herein by this reference, (the “subject property”); WHEREAS, on August 7, 1973, the Town of Vail adopted Ordinance No. 8, Series of 1973, to establish comprehensive zoning regulations for the Town of Vail; WHEREAS, the purpose of the amendment is to establish a development site with uniform zoning for the property known as 2420 Chamonix Lane; WHEREAS, on October 28, 2019 the Town of Vail Planning and Environmental Commission forwarded a unanimous recommendation of approval to the Vail Town Council for the zone district boundary amendment; WHEREAS, the Vail Town Council finds and determines that the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; WHEREAS, the Vail Town Council finds and determines that the amendment to the Town Code furthers the general and specific purposes of the Zoning Regulations; and WHEREAS, the Vail Town Council finds and determines that the amendment promotes the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: December 3, 2019 - Page 177 of 205 Ordinance No. 18, Series 2019 - 2 - Section 1. This ordinance adopts the following zone district boundary amendment as further described in Exhibit A: General Use (GU) District to the Housing (H) District Section 2. Condition Precedent and Expiration The rezoning set forth in Section 1 hereof shall take effect on the date that the Final Subdivision Plat, Chamonix Vail Community Parcels A, C and E, is properly recorded with the Eagle County Clerk and Recorder; provided that, if the Final Subdivision Plat, Chamonix Vail Community Parcels A, C and E, has not been properly recorded by December 3, 2024 the rezoning set forth in Section 1 hereof shall not take effect. Section 3. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the follows: a. The zone district boundary amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; b. The zone district boundary amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, c. The zone district boundary amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. d. This ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision, or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be December 3, 2019 - Page 178 of 205 Ordinance No. 18, Series 2019 - 3 - construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of November, 2019, and a public hearing for second reading of this Ordinance set for the 3rd day of December, 2019, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. __________________ Dave Chapin, Mayor ATTEST: _________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of December, 2019. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk December 3, 2019 - Page 179 of 205 Ordinance No. 18, Series 2019 - 4 - Exhibit A Portions of Parcel A to be rezoned from General Use (GU) District to the Housing (H) District. December 3, 2019 - Page 180 of 205 TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 28, 2019 SUBJECT: A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a portion of 2399 North Frontage Road West, Parcel A, a resubdivision of Tract D, Vail Das Schone Filing 1 from the General Use (GU) District to the Housing (H) District and setting forth details in regard thereto. (PEC19-0033) Applicant: Town of Vail, represented by George Ruther, Housing Director Planner: Jonathan Spence I. SUMMARY The applicant, the Town of Vail, represented by George Ruther, Housing Director, is requesting a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a portion of 2399 N. Frontage Road West, Parcel A, a resubdivision of Tract D Vail Das Schone Filing 1, from General Use (GU) to Housing (H). The parcel of land is located immediately southwest of the existing Chamonix Vail Neighborhood, to the northwest of the West Vail Fire Station. Based upon Staff’s review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council. II. DESCRIPTION OF REQUEST The applicant is proposing to rezone a portion of the West Vail Fire Station parcel from General Use (GU) to Housing (H) in order to facilitate the creation of a site for future development. This portion of Parcel A will be combined with a property identified as Parcel D on the Chamonix Vail Community Townhome Plat to create a future Parcel E. December 3, 2019 - Page 181 of 205 This future Parcel E will be created through a Minor Subdivision process to be reviewed by the Planning and Environmental Commission at a future date. The subdivision application has been delayed due to a scheduling issue with the surveyor. It is necessary to process the rezoning application in advance, or concurrently, with the subdivision application to ensure that the future parcel will have unified zoning. It is anticipated that, if approved, the newly created and consistently zoned site will be sold to generate revenue to offset the Town of Vail subsidy provided for the development of the 32 Unit Chamonix Vail Townhome project. The graphic below shows that portion of Parcel A proposed to be rezoned from General Use (GU) District to the Housing (H) District. The proposed rezoning, which must be approved via ordinance by the Vail Town Council, will not take effect until the recordation of the final plat, creating Parcel E, has occurred with the Eagle County Clerk and Recorder. This condition will be included with the ordinance relating to the rezoning. Permitted and conditional uses allowed in the Housing (H) District may be found in Section IV, applicable planning documents. Town of Vail Page 2 December 3, 2019 - Page 182 of 205 III. BACKGROUND The background of Parcel A, a resubdivision of Tract D, Vail Das Schone Filing is as follows: • On December 12, 1980 the subject property was annexed into the Town of Vail, via Ordinance No. 43, Series of 1980. • On November 18, 2008, Parcel A was rezoned from Commercial Core 3 (CC3) zone district to General Use (GU), via Ordinance No. 26, Series of 2008. • On January 6, 2009, the Town Council adopted an amendment to the Official Land Use Map, a component of the Town of Vail Land Use Plan, via Resolution 2, Series of 2009 to classify the property as being within the Chamonix Land Use category. The same resolution also adopted the Chamonix Master Plan. • In 2010/11, The West Vail Fire Station was constructed. IV. APPLICABLE PLANNING DOCUMENTS The Community Development Department believes that following provisions of the Chamonix Master Plan, Vail 20/20 Strategic Action Plan, Vail Land Use Plan, Vail Housing 2027 Plan, and the Vail Town Code are relevant to the review of this proposal: Chamonix Master Plan 2009 and as Amended 2019 • Housing within the site shall be consistent with the permitted and conditional uses of the Housing (H) District. • The site should be optimized to provide the greatest amount of employee housing. • Re-zoning the site to Housing (H) District is preferred to allow flexibility in design and development. Vail 20/20 Focus on the Future – Strategic Action Plan (in part) - The Vail 20/20 Strategic Action Plan is a visioning document that begins with a set of values that outline what is truly important to the community. The plan then details land use and development, parks and recreation, environment, housing, transportation, economy, community and public safety topics, including specific vision statements, long-term goals, and actions and strategies over the next 5 years to achieve those goals. LAND USE AND DEVELOPMENT Goal #4: Provide for enough deed-restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. • Use employee housing fund for buy-downs and other programs that will increase the number of employees living within the town. Town of Vail Page 3 December 3, 2019 - Page 183 of 205 • Address the zoning regulations to provide more incentives for developers to build employee housing units. ENVIRONMENTAL SUSTAINABILITY Goal #2: Energy Management in Buildings and Transportation: Reduce the town’s 2007 baseline green house gas emissions. • Support employee housing initiatives in order to reduce trips into Vail. HOUSING Goal: The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town, and will provide for enough deed-restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. • Conduct inventory of all sites with development potential and pursue opportunities for acquiring undeveloped or underdeveloped properties. • Update the Vail Land Use Plan and identify more areas for employee housing. ECONOMY Goal #3: Maintain a town-wide workforce in which at least 30 percent of people who work in Vail also live in Vail. • Support the local economy by working with the business community to address future workforce housing needs as they relate to business in Vail. Vail Land Use Plan (in part) – The Land Use Plan is not intended to be regulatory in nature but is intended to provide a general framework to guide decision making. One specific measure used to implement the recommendations of the Land Use Plan includes amendments to the Official Zoning Map. Other measures include changes to ordinances and regulations or policies adopted by the Town. Chapter II - Land Use Plan Goals / Policies (in part) 1. General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. Town of Vail Page 4 December 3, 2019 - Page 184 of 205 1.2. The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.6. Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 1.7. New subdivisions should not be permitted in high geologic hazard areas. 1.10 Development of Town owned lands by the Town of Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is for public use. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3. Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. 5.5. The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Vail Housing 2027 – A Strategic Plan for Maintaining and Sustaining Community through the Creation and Support of Resident Housing in Vail Ten Year Goal: “The Town of Vail will acquire 1,000 additional resident housing unit deed restrictions by the year 2027.” Vision: We envision Vail as a diverse, resilient, inclusive, vibrant and sustainable mountain resort community where year-round residents are afforded the opportunity to live and thrive. We take a holistic approach to maintaining community, with continuous improvement to our social, environmental, and economic well being. We create housing solutions by recognizing and Town of Vail Page 5 December 3, 2019 - Page 185 of 205 capitalizing on our unique position as North America’s premier international mountain resort community in order to provide the highest quality of service to our guests, attract citizens of excellence and foster their ability to live, work, and play in Vail throughout their lives. Our strategic solutions and actions result in the retention of existing homes, creation of new and diverse housing infrastructure, and collaboration with community partners. For Vail, no problem is insurmountable. With a consistent, community-driven purpose and an entrepreneurial spirit, Vail will lead the industry in innovative housing solutions for the 21st century. The Town is well positioned financially to undertake this significant challenge. Mission: Maintaining and Sustaining Community “We create, provide, and retain high quality, affordable, and diverse housing opportunities for Vail residents to support a sustainable year round economy and build a vibrant, inclusive and resilient community. We do this through acquiring deed restrictions on homes so that our residents have a place to live in Vail.” Policy Statement - Resident Housing as Infrastructure “We acknowledge that the acquisition of deed restrictions on homes for Vail residents is critical to maintaining community. Therefore, we ensure an adequate supply and availability of homes for residents and recognize housing as infrastructure in the Town of Vail; a community support system not unlike roads, bridges, water and sewer systems, fire, police, and other services of the municipal government.” 2009 Environmental Sustainability Strategic Plan – The purpose of this plan is to define a strategy that consists of measurable goals, objectives, and actions that will help the Town coordinate efforts to achieve the environmental vision of the community. Goal #2 – Energy Efficiency: Reduce the Town of Vail municipal and community energy use by 20% below 2006 levels by 2020, in order to effectively reduce the Town’s contribution to greenhouse gas emissions and impact on global climate change. Goal #6 – Transportation – Reduce the environmental impact of transportation by supporting efforts within the Eagle Valley to decrease total Vehicle Miles Traveled (VMT) by commuters and guests by 20% by 2020. Vail Town Code – Zoning Regulations - These sections are included to provide the Commission with an understanding of the permitted and conditional uses in the Housing (H) District. Title 12, Chapter 6, Article I: Housing Town of Vail Page 6 December 3, 2019 - Page 186 of 205 12-6I-1: PURPOSE: The housing district is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone districts. It is necessary in this zone district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The housing district is intended to ensure that employee housing permitted in the zone district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. 12-6I-2: PERMITTED USES: The following uses shall be permitted in the H district: Bicycle and pedestrian paths. Communications antennas and appurtenant equipment. Employee housing units, as further regulated by chapter 13 of this title. Passive outdoor recreation areas, and open space. 12-6I-3: CONDITIONAL USES: The following conditional uses shall be permitted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit: Automated teller machines (ATMs) exterior to a building. Banks and financial institutions. Business offices and professional offices, as further regulated by section 12-16-7 of this title. Town of Vail Page 7 December 3, 2019 - Page 187 of 205 Child daycare facilities. Eating and drinking establishments. Funiculars and other similar conveyances. Health clubs. Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and C. Dwelling units are only created in conjunction with employee housing, and D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools. Public buildings, grounds and facilities. Public parks and recreational facilities. Public utilities installations including transmission lines and appurtenant equipment. 12-6I-4: ACCESSORY USES: The following accessory uses shall be permitted in the H district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Minor arcades. Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming Town of Vail Page 8 December 3, 2019 - Page 188 of 205 pools, or recreation facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-6I-5: SETBACKS: The setbacks in this district shall be twenty feet (20') from the perimeter of the zone district. At the discretion of the planning and environmental commission, variations to the setback standards may be approved during the review of a development plan subject to the applicant demonstrating compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. B. Proposed building setbacks will provide adequate availability of light, air and open space. C. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. D. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. Variations to the twenty foot (20') setback shall not be allowed on property lines adjacent to HR, SFR, R, PS, and RC zoned properties, unless a variance is approved by the planning and environmental commission pursuant to chapter 17 of this title. 12-6I-6: SITE COVERAGE: Site coverage shall not exceed fifty five percent (55%) of the total site area. At the discretion of the planning and environmental commission, site coverage may be increased if seventy five percent (75%) of the required parking spaces are underground or enclosed, thus reducing the impacts of surface paving provided within a development, and that the minimum landscape area requirement is met. 12-6I-7: LANDSCAPING AND SITE DEVELOPMENT: At least thirty percent (30%) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15') with a minimum area not less than three hundred (300) square feet. 12-6I-8: PARKING AND LOADING: Off street parking shall be provided in accordance with chapter 10 of this title. No Town of Vail Page 9 December 3, 2019 - Page 189 of 205 parking or loading area shall be located within any required setback area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in chapter 10 of this title may be approved during the review of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. B. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. 12-6I-9: LOCATION OF BUSINESS ACTIVITY: A. Limitation; Exception: All conditional uses in section 12-6I-3 of this article shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. B. Outdoor Display Areas: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 12-6I-10: OTHER DEVELOPMENT STANDARDS: A. Prescribed By Planning And Environmental Commission: In the H district, development standards in each of the following categories shall be as proposed by the applicant, as prescribed by the planning and environmental commission, and as adopted on the approved development plan: 1. Lot area and site dimensions. 2. Building height. 3. Density control (including gross residential floor area). 12-6I-11: DEVELOPMENT PLAN REQUIRED: A. Compatibility With Intent: To ensure the unified development, the protection of the natural environment, the compatibility with the surrounding area and to assure that development in the housing district will meet the intent of the zone district, an approved development plan shall be required. Town of Vail Page 10 December 3, 2019 - Page 190 of 205 B. Plan Process And Procedures: The proposed development plan shall be in accordance with section 12-6I-12 of this article and shall be submitted by the developer to the administrator, who shall refer it to the planning and environmental commission, which shall consider the plan at a regularly scheduled meeting. C. Hearing: The public hearing before the planning and environmental commission shall be held in accordance with section 12-3-6 of this title. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmental commission may be appealed to the town council in accordance with section 12-3-3 of this title. D. Plan As Guide: The approved development plan shall be used as the principal guide for all development within the housing district. E. Amendment Process: Amendments to the approved development plan will be considered in accordance with the provisions of section 12-9A-10 of this title. F. Design Review Board Approval Required: The development plan and any subsequent amendments thereto shall require the approval of the design review board in accordance with the applicable provisions of chapter 11 of this title prior to the commencement of site preparation. 12-6I-12: DEVELOPMENT PLAN CONTENTS: The administrator shall establish the submittal requirements for a development plan application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail comprehensive plan. The administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. 12-6I-13: DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION: The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria. A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. B. Buildings, improvements, uses and activities are designed and located to produce a Town of Vail Page 11 December 3, 2019 - Page 191 of 205 functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. C. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and, when possible, are integrated with existing open space and recreation areas. D. A pedestrian and vehicular circulation system is designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. E. Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. F. Compliance with the Vail comprehensive plan and other applicable plans. V. SITE ANALYSIS Address: 2399 N. Frontage Rd W (portion of the site to be rezoned)* Legal Description: Vail Das Schone, Filing 1, Parcel A, a resubdivision of Tract D Parcel A Lot Size: 1.322 acres (57,586 square feet) Portion of Site to be Rezoned: 0.121 acres (5,291 square feet) Existing Zoning: General Use (GU) Proposed Zoning: Housing (H) District Land Use Plan Designation: Chamonix Master Plan Current Land Use: Undeveloped portion of West Vail Fire Station Anticipated Future Land Use: Market Rate and Employee Housing Geological Hazards: Steep Slopes VI. SURROUNDING LAND USES AND ZONING Existing Use Zoning District North: Undeveloped Land Housing (H) South: Interstate 70 None East: Shell Gas Station Heavy Services (HS) W est: Single Family Residence Two Family Primary/Secondary (PS) Town of Vail Page 12 December 3, 2019 - Page 192 of 205 VII. REVIEW CRITERIA Before acting on an application for a zone district boundary amendment, the planning and environmental commission and town council shall consider the following factors with respect to the requested zone district boundary amendment: 1. The extent to which the zone district amendments are consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. The development objectives for the community as identified in the Chamonix Master Plan, Vail 20/20 Strategic Action Plan, Land Use Plan, Environmental Sustainability Strategic Plan, and the Vail Housing 2027 Plan are: • Housing within the site shall be consistent with the permitted and conditional uses of the Housing (H) District. (Chamonix Master Plan) • Continue to manage growth through infill development with high quality residential, commercial and recreation uses that maintain the quality, character and diversity of the town. • Support the development of employee housing to support the local economy, and reduce the environmental impacts of transportation. • Reduce total Vehicle Miles Travelled (VMT) by commuters and guests by 20% by 2020. The zone district amendment is consistent with the applicable elements of the adopted goals, objectives and policies outline in the Vail Comprehensive Plan. As proposed, the amendment increases the amount of land area in the Town of Vail designated for deed- restricted housing, yet maintains the availability of town-owned facilities most often associated with development in the General Use District. Arguably, this amendment is not only compatible with the development objectives of the Town, but it advances the Town’s development objectives by increasing opportunities for desirable outcomes that may not exist otherwise. This amendment furthers the Town’s housing goals and advances the Vail Town Council critical actions, as identified in the Vail Town Council Action Plan 2018-2020. Staff finds this criterion to be met. 2. The extent to which the zone district amendments are suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents. The zone district amendment is suitable with the existing and potential land uses on the site as well as the existing and potential surrounding land uses. As proposed, a 5,291 square foot portion of Parcel A is being added to future Parcel E in accordance with the Town’s subdivision regulations. This amendment ensures that the zone district Town of Vail Page 13 December 3, 2019 - Page 193 of 205 designation of future Parcel E is consistent with existing Parcel D. Parcel D, as zoned, provides for both free-market and resident-occupied, deed-restricted residential uses. Since the development potential of future Parcel E is based upon approval of an Approved Development Plan, and not a proportional percentage of the lot area, this additional land area does not proportionally impact the size of any future structure, or increase the intensity of the future uses on site. The additional square feet of land area to be zoned into the Housing District does not negatively impact existing and potential surrounding land uses. Staff finds this criterion to be met. 3. The extent to which the zone district amendments present a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The zone district amendment presents a harmonious, convenient, and workable relationship among land uses which are consistent the Town’s development objectives. The rezoning facilitates the creation of future Parcel E in a rectilinear configuration improving the constructability of the site. Staff finds this criterion to be met. 4. The extent to which the zone district amendments provide for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. The proposed zone district amendments provide for the growth of an orderly viable community by establishing sites for employee housing and other residential uses in locations near existing infrastructure, including existing roads, utilities, and bus service. The amendment does not constitute spot zoning as it is compatible with and supportive of adjacent land uses, and is supported by several community goals identified in the comprehensive plan. The Community Development Department finds that rezoning a portion of Parcel A to the Housing (H) district serves the best interest of the community as a whole. Staff finds this criterion to be met. 5. The extent to which the zone district amendments result in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. The proposed rezoning will not directly result in adverse impacts to the natural environment. Future developments on the rezoned parcels will be required to adhere to all applicable environmental standards during development review, construction and Town of Vail Page 14 December 3, 2019 - Page 194 of 205 operation. Any development in the Housing (H) District will also require review of a development plan by the Planning and Environmental Commission, as well as review of the design and landscaping plan by the Design Review Board. Although located on a hillside, this application is subsequent to PEC19-0036, an application for a variance to allow for development in the Housing Zoning District on a slope of forty percent (40%) or greater, located at 2420 Chamonix Lane. Staff finds this criterion to be met. 6. The extent to which the zone district amendments are consistent with the purpose statement of the proposed zone district. The proposed rezoning is consistent with the purpose statement of the Housing (H) District and future developments on theses sites will also be required to be compatible with its intent, as demonstrated through the amended development plan. Below is the purpose statement for the Housing (H) zone district. Housing Section 12-6I-1 PURPOSE The housing district is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone districts. It is necessary in this zone district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The housing district is intended to ensure that employee housing permitted in the zone district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. Staff finds this criterion to be met. 7. The extent to which the zone district amendments demonstrate how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. The portion of the site that is proposed to be rezoned is not being used by the Vail Fire Department, which also has no plans for its future use. Combined to create future Parcel E, the rezoning will facilitate future development in the Housing District, a more appropriate and beneficial use. Town of Vail Page 15 December 3, 2019 - Page 195 of 205 Staff finds this criterion to be met. 8. Such other factors and criteria as the commission and/or council deem applicable to the proposed rezonings. VIII. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a portion of 2399 North Frontage Road West, Parcel A, a resubdivision of Tract D, Vail Das Schone Filing 1 from the General Use (GU) District to the Housing (H) District Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council, the Community Development Department recommends the Commission pass the following motion: “The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a portion of 2399 North Frontage Road West, Parcel A, a resubdivision of Tract D, Vail Das Schone Filing 1 from the General Use (GU) District to the Housing (H) District and setting forth details in regard thereto” Should the Planning and Environmental Commission choose to forward this recommendation of approval, the Community Development Department recommends the Commission makes the following findings: “Based upon the review of the criteria outlined in Sections VII of the Staff memorandum to the Planning and Environmental Commission dated October 28, 2019, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the Town of Vail Page 16 December 3, 2019 - Page 196 of 205 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.” IX. ATTACHMENTS A. Map illustrating portion of Parcel A to be rezoned. B. Chamonix Vail Community Parcel E Application Narrative, 07-29-2019 Town of Vail Page 17 December 3, 2019 - Page 197 of 205 PLANNING AND ENVIRONMENTAL COMMISSION October 28, 2019, 1:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 1.Call to Order 1.1.Attendance Present: Brian Stockmar, Rollie Kjesbo, John-Ryan Lockman, Ludwig Kurz, Brian Gillette and Karen Perez Absent: Pam Hopkins 2.Main Agenda A quick update the Planning Manager Chris Neubecker has offered up his resignation and will be the Planning Director at Teton County.Brian Stockmar moved to commend Chris. Brian Gillette seconded the motion. 2.1.A request for a recommendation to the Vail Town Council, pursuant to Section 3-2-6A: Function, Vail Town Code, concerning adoption of the Vail Civic Area Plan, and setting forth details in regard thereto. (PEC19-0043) 60 min. Applicant:Town of Vail Planner:Matt Gennett Public hearing was opened and Matt Gennett started his presentation with reviewing the comments that were made at the previous meeting and the changes that were made. Sustainability moved up from 4th to the 2nd item. The architecture sentence was updated. John-Ryan had a question on a grammatical error on “energy savings measures”, that will be changed. Added uses for lionshead parking structure. Page 41, needed to add an “at a glance” for the program elements for various options. Sustainability action plan on page 69. Bullet #1 was changed to put in various changes. Next steps needed to be changed, and new text was added to meet the requirements. Perez wanted to make sure that it became a plan and not just a guiding principle. Still wants language added to be more of a plan. Staff made the comment that the language is added on page 56, left side, bottom of the column. All six review items were incorporated into the plan. Staff is recommending approval of the plan. Gillette – square footages corrected on the lot, and were the valuations corrected as well? Tom – Explained where the numbers from EPS came from. Gillette – All the revenue would be generated off-site is what you’re saying? Gillette – Questions on the DDA December 3, 2019 - Page 198 of 205 Tom – W anted to have numbers ready for Council after hearing with P E C. Stockmar – W hy not add a forward reference for the page that leads to the numbers. Tom – Explains more of what they had looked at based on comments. Stockmar – I s it clear that the P D remains in this location? Tom – W e wanted to make it clear that we could keep them here for now, but that it is an underutilized site. Perez – thanks the contractor for putting the new language together for the P E C. Stockmar – Reaffirms that they were important comments and glad they put them in. Gennett – this is a master plan and visioning document that sets a path forward to create a civic area in Vail. No public comments Commissioner Comments Lockman – Thank you for making the edits and your work. Stockmar – Pleased that the changes in the plan were made based on the P E C comments. Thanks for staff and Tom’s hard work. Ludwig Kurz moved to recommend approval. Karen Perez seconded the motion and it (6-0). Absent:(1)Hopkins 2.2.A request for review of a variance from Section 14-6-7, Retaining Walls, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a retaining wall in excess of six (6) feet tall at the Town of Vail Public Works facility located at 1289 Elkhorn Drive/Unplatted, and setting forth details in regard thereto. (P E C19-0041) The Applicant has requested that this item be tabled to the meeting of November 11, 2019. 5 min. Applicant:Town of Vail, represented by Victor Mark Donaldson Architects Planner:Chris Neubecker Brian Gillette moved to table to November 11, 2019. Rollie Kjesbo seconded the motion and it passed (6-0). Absent:(1)Hopkins 2.3.A request for review of a Conditional Use Permit pursuant to Section 12- 9C-3, Conditional Uses, Vail Town Code, in accordance with Title 12, Chapter 16, Conditional Use Permits, Vail Town Code, to allow for an amendment to the conditional use permit for the Town of Vail Public W orks facility located at 1289 Elkhorn Drive/Unplatted, and setting forth details in regard thereto. (P E C19-0039) The Applicant has requested that this item be tabled to the meeting of November 11, 2019. 2 min. Applicant:Town of Vail, represented by Victor Mark Donaldson Architects Planner:Chris Neubecker Brian Gillette moved to table to November 11, 2019. Rollie Kjesbo seconded December 3, 2019 - Page 199 of 205 the motion and it passed (6-0). Absent:(1)Hopkins 2.4.A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for an update to the Vail Land Use Plan, specifically the Chamonix Master Plan and the Chamonix Land Use Category and setting forth details in regard thereto. (P E C19-0040) 15 min. Applicant:Town of Vail, represented by George Ruther, Housing Director Planner:J onathan Spence Spence – Next 6 applications part of one project. Stockmar – Can we have these all presented together? Spence – We can do that as long as they are in order. I tems 2.4, 5, 6, 7, 8, 9 will be included in this presentation, but voted individually. Spence presents the applications listing off the items that have been worked on. Amendment to master plan, variance to prohibition of building on steep lots in housing district, zoning amendment to have all of it under the housing district, minor sub to create parcel, partial development plan with it to come before P E C later, Conditional use permit to allow market rate development. Stockmar – I t has been clear that there is no intent to expand the Chamonix development into this parcel? Gennett – This will be separate from the Chamonix development. Stockmar – Matt confirmed that it isn’t an expansion of the townhomes. Spence – the amendments are minor. Stockmar- motion does not include anything about the date. I would like to have that added to the motion. Ludwig Kurz moved to recommend approval as presented today and dated J uly 29, 2019. Rollie Kjesbo seconded the motion and it passed (6-0). Absent:(1)Hopkins 2.5.A request for the review of a variance from Section 12-21-10 Development Restricted, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for development in the Housing Zoning District on a slope of forty percent (40%) or greater, located at 2420 Chamonix Lane/the western portion of Parcels B and the northern portion of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1 (Future Lot E, Chamonix Vail Community Subdivision), and setting forth details in regard thereto. (P E C19-0036) 15 min. Applicant:Town of Vail, represented by George Ruther, Housing Director Planner:J onathan Spence Spence presents explanation of why the variance is required for this zone district. Kurz – We are treating this piece of land the same as if it was privately owned. Spence – We are treating it the same as a primary/secondary lot. Stockmar – Can we add this to the housing district? Gillette – We seem to have more of the variances, than we haven’t. December 3, 2019 - Page 200 of 205 Spence – Staff recommended a text amendment and applicant preferred the variance approach. Ludwig Kurz moved to approve. Rollie Kjesbo seconded the motion and it passed (6-0). Absent:(1)Hopkins 2.6.A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a portion of 2399 North Frontage Road West, Parcel A, a resubdivision of Tract D, Vail Das Schone Filing 1 from the General Use (GU) District to the Housing (H) District and setting forth details in regard thereto. (P E C19-0033) 15 min. Applicant:Town of Vail, represented by George Ruther, Housing Director Planner:J onathan Spence Spence presents explanation of application Stockmar- there is an extension to the west, has it ever been looked at for this? Spence – Please confirm what parcel you are referring to. Stockmar – Attachment A, there is a yellow shaded section and to the south, S E, does it make sense to look at it to change the zoning to add to this property for future development. We’d like to have staff think about the use of that land in the future. Brian Gillette moved to recommend approval. Rollie Kjesbo seconded the motion and it passed (6-0). Absent:(1)Hopkins 2.7.A request for review of a Minor Subdivision, pursuant to Section 13-4, Minor Subdivisions, Vail Town Code, to create Chamonix Vail Community Parcel E, a resubdivision of Parcels A and B, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1, and setting forth details in regard thereto. (P E C19-0032) 15 min. Applicant:Town of Vail, represented by George Ruther, Housing Director Planner:J onathan Spence 1. Prior to recording, the approved subdivision plat shall be amended to increase the eastern setback to twenty feet (20'). Ludwig Kurz moved to approve with conditions. Rollie Kjesbo seconded the motion and it passed (6-0). Absent:(1)Hopkins 2.8.A request for the review of an Amended Development Plan, pursuant to Section 12-6I -11, Development Plan Required, Vail Town Code, for amendments to the Chamonix Vail Community Development Plan, Parcel B and a northern portion of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1 and setting forth details in regard thereto. (P E C19-0035) 15 min. Applicant:Town of Vail, represented by George Ruther, Housing Director Planner:J onathan Spence 1. Approval of this amended development plan is contingent upon the developer of the property obtaining Town of Vail approval for a further December 3, 2019 - Page 201 of 205 amendment to the Chamonix Vail Development Plan with a finding that the development meets the required criteria 12-8I -13 A, B, C and D; and 2. Approval of this development plan is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 3. The development plan shall be amended to increase the eastern setback to twenty feet (20'). Spence presents the D P that will cover GRFA, setbacks and height allotment for this area. The full development plan will be done when a proposal for this land is brought forward. Gillette – W hy the small side setback? Spence – I nternal side setbacks are ten feet, only 20 ft at the edge of the district. Gillette – W hat is the distance between the townhomes in that area? Spence – Varies between 15 to more than 20 feet Stockmar – The area at the end of the road is used for storing snow. Spence – I t shouldn’t impact Parcel B Stockmar – Any issue with snow storage with this setup? Spence – There is adequate snow storage in Chamonix Rollie Kjesbo moved to approve with conditions. Brian Gillette seconded the motion and it passed (6-0). Absent:(1)Hopkins 2.9.A request for the review of a Conditional Use Permit, pursuant to Section 12-16, Conditional Use Permits, Vail Town Code, to allow for the construction of dwelling units within the Housing (H) zone district, located at located at 2310 and 2420 Chamonix Lane, Parcel B and a northern portion of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1and setting forth details in regard thereto. (P E C19-0034) 15 min. Applicant:Town of Vail, represented by George Ruther, Housing Director Planner:J onathan Spence 1. Approval of this conditional use permit is contingent upon the future developer obtaining Town of Vail approval for an amendment to the Chamonix Vail Development Plan with a finding that the architectural design of the new structure is compativle with the 32-unit Chamonix Townhouse development. Spence – This would allow market rate units to be created. Of the 6 items 2 are for recommendation to Town Council, the other 4 are final approval here at the P E C. Those four items are contingent on approval by the Town Council. Kurz – Procedural, is there an applicant representative here? I s there a profound reason that the applicant himself could not be here? Gennett – Town Council is the actual applicant, so any representative from Town can represent for them. Kurz – These are major applications and the direct applicant cannot be here. I f we did have questions we wouldn’t get the real answers from the applicant. Perez – W e had questions from last time that we wanted the applicant to be here to answer. W e haven’t gotten any new information like we would have liked. Gillette – Are there any other lots zoned housing? Spence – No. December 3, 2019 - Page 202 of 205 Stockmar – There could be more parcel zoned this in the future though. Spence – Currently Multi-family is not allowed on steep slopes, so this would be a policy change. Gillette – if we have this many variances then the language was probably wrong in the first place. Summary Comments Kurz – I voice my frustration that the main man was not here for the second time. I think this application is in keeping with what was proposed originally. The plan for selling part of the property to recoup funds is appropriate. I t is not overwhelming to the Chamonix or the general project. I ’m happy to move forward with this. Lockman – Agreed that there would be frustration in the process with not having George here again. Thought they were tabled so he could make it. Fine with moving forward with the proposals Perez – Echoing the concerns of commissioners, would have liked the presenter to be here. Gillette - Ok with the applications. Steep but the neighbors are way higher up and won’t be obscuring anyone. W ould have like to see more setback on the East side as the architecture will not be the same. I t would look better to be more separated. Stockmar – How wide is that tail? Spence – 10 ft Stockmar – Adding 10 feet wouldn’t be disastrous, making it a 20 ft setback. Lockman – Would it affect construction with that side being less steep? Gillette – I t makes more sense as you could have more area around the place to get machines Stockmar – I agree a larger setback would be appropriate. Spence – This can be done as part of the motion as a condition. Kjesbo – I agree about frustrations as Kurz. Stockmar – I too agree with what’s been said, and I support the package. Rollie Kjesbo moved to approve with conditions. Brian Gillette seconded the motion and it passed (6-0). Absent:(1)Hopkins 3.Approval of Minutes 3.1.October 14, 2019 P E C Results Ludwig Kurz moved to approve. Rollie Kjesbo seconded the motion and it passed (5-0). Abstain:(1)Gillette Absent:(1)Hopkins 4.Adjournment Rollie Kjesbo moved to adjourn. Brian Gillette seconded the motion and it December 3, 2019 - Page 203 of 205 passed (6-0). Absent:(1)Hopkins The applications and information about the proposals are available for public inspec tion during regular offic e 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 vis its that prec ede the public hearing in the Tow n of Vail Community Development Department. Times and order of items are approximate, subject to c hange, and c annot be relied upon to determine at w hat time the Planning and Environmental Commission w ill c onsider an item. Please c all (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department December 3, 2019 - Page 204 of 205 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: A djournment 7:40 pm (estimate) December 3, 2019 - Page 205 of 205