9-1-19-24R Policy 24 (relative) social community

9-1-19-24R: POLICY 24 (RELATIVE) SOCIAL COMMUNITY:

A. Employee Housing: It is the policy of the town to encourage the provision of employee housing units in connection with commercial, industrial, and multi-unit residential developments to help alleviate employee housing impacts created by the proposed uses. The schedule for positive points is based on the percentage of employees that a project mitigates. Any project that mitigates more than the required mitigation rate may receive positive points in accordance with the table set forth below. Single-family and duplex residential projects may be awarded one (1) positive point for providing an accessory dwelling unit.

1. Residential projects that consist of one hundred percent (100%) employee housing shall receive positive 10 points.

Points	Percentage Of Employees Mitigated
1	35.1-48.0
2	48.1-61.0
3	61.1-74.0
4	74.1-87.0
5	87.1-100

2. General Provisions:

a. The square footage of the employee housing units provided under this section shall be assessed against the allowed density and mass in the same manner as all other residential units, or square footage within the project.

b. All employee housing units provided under this section shall be designed and planned in conjunction with the remainder of the project and shall not be designed as an add on to an existing building unless in conjunction with a larger addition.

c. Each employee housing unit for which positive points are awarded under this policy shall be encumbered by a properly recorded restrictive covenant in a form acceptable to the town attorney. The terms of such restrictive covenant shall be consistent with this policy, and such restrictive covenant shall not be subordinate to any senior lien or encumbrance, except the lien of the general property taxes.

3. Summer Seasonal Housing: Between May 1 and September 30 of any year, an employee housing unit may be lawfully occupied for a period not to exceed twelve (12) consecutive weeks by any person participating in or employed by the summer programs sponsored by a nonprofit organization or the town. Such occupancy shall be authorized by a Class D minor development permit.

3 x (0/+2)	B.	Community Needs: Developments which address specific needs of the community which have been identified in the yearly goals and objectives reports within the three (3) year period preceding the date of the application are encouraged. Positive points shall be awarded under this subsection only for development activities which occur on the applicant's property.
4 x (-2/+2)	C.	Social Services: Developments which provide social services are encouraged. Social services shall include, but not be limited to: daycare centers and nurseries, educational programs and facilities; programs and facilities for the elderly and the young; and other programs and facilities which will enhance the social climate of the community. This shall include theaters, playhouses, and any other developments which will promote the arts within the Town. Positive points shall be awarded under this subsection only for the provision of social services which are located on the applicant's property.
3 x (-2/+2)	D.	Meeting and Conference Rooms, and Amenity Space: The provision of legally guaranteed meeting and conference facilities in condominium/hotels, hotels, lodges, and inns, over and above the ratio of 1 square foot of meeting area for every 35 square feet of gross dwelling area is strongly encouraged. The conversion of space that had previously received positive points as meeting and conference facilities or recreational and leisure amenities is strongly discouraged. The square footage of any portion of previously approved recreation and leisure amenity space that is proposed to be converted into an amenity club shall be treated as commercial density.
3 x (-5/+5)	E.	Conservation District: Within the Conservation District, which contains the Historic District, compatibility of a proposed project with the surrounding area and the district as a whole is of the highest priority. Within this district, the preservation and rehabilitation of any historic structure or any "Town designated landmark" or "Federally designated landmark" on the site (as defined in chapter 11 of this title) is the primary goal. Any action which is in conflict with this primary goal or the "Handbook of Design Standards" is strongly discouraged, while the preservation of the Town's historic fiber and compliance with the Historic District design standards is strongly encouraged. Substantial compliance with the "Handbook of Design Standards" is expected.
3 x (0/+1)	F.	Accessory Dwelling Unit: Developments which provide employee housing are encouraged. Positive points shall be used on the same property as the accessory dwelling unit. No points shall be awarded for housing required under section 9-1-19-24A of this chapter (absolute).

Additional onsite preservation and restoration efforts beyond the requirements of the Historic District guidelines for historic structures and sites as defined in chapter 11 of this title are strongly encouraged.

Positive points shall be awarded according to the following point schedule for onsite historic preservation, or restoration efforts, in direct relation to the scope of the project, subject to approval by the Planning Commission. Positive points may be awarded to both primary structures and secondary structures. Positive points are further limited where historic structures are proposed to be moved, per subsection G of this section.

A final point allocation shall be made by the Planning Commission based on the historic significance of the structure, its visibility and size. The construction of a structure or addition, or the failure to remove noncontributing features of a historic structure may result in the allocation of fewer positive points:

1. Primary structures:

+1: On site historic preservation/restoration effort of minimal public benefit.

Examples¹: Restoration of historic window and door openings, preservation of historic roof materials, siding, windows, doors and architectural details.

+3: On site historic preservation/restoration effort of average public benefit.

Examples: Restoration of historic window and door openings, preservation of historic roof materials, siding, windows, doors and architectural details, plus structural stabilization and installation of a new foundation.

+6: On site historic preservation/restoration effort of above average public benefit.

Examples: Restoration/preservation efforts for windows, doors, roofs, siding, foundation, architectural details, substantial permanent electrical, plumbing, and/or mechanical system upgrades, plus structural stabilization and installation of a full foundation which fall short of bringing the historic structure or site back to its appearance at a particular moment in time within the town's period of significance by reproducing a pure style. Projects that involve moving historic primary structures are not eligible for this +6 point assignment.

+9: On site historic preservation/restoration effort with a significant public benefit.

Example: Restoration/preservation efforts which bring a historic structure or site back to its appearance at a particular moment in time within the town's period of significance by reproducing a pure style and respecting the historic context of the site that fall short of a pristine restoration. Projects in this category will remove noncontributing features of the exterior of the structure, and will not include any aboveground additions.

+12: On site historic preservation/restoration effort with a very significant public benefit.

Example: Restoration/preservation efforts to a historic structure or site which bring the historic structure or site back to its appearance at a particular moment in time within the town's period of significance by reproducing a pure style and respecting the historic context of the site with no new structures or additions and the removal of all noncontributing features of a historic structure or site. Such restoration/preservation efforts will be considered pristine.

2. Secondary structures:

+1: On site historic preservation/restoration of minimal public benefit.

Examples: Structural stabilization of walls, roof trusses and repairing damaged or missing roofing.

+2: On site historic preservation of average public benefit.

Examples: Structural stabilization of walls, roof trusses and repairing roofs, plus full restoration of damaged or missing siding, doors, windows, and trim.

+3: On site historic preservation of above average public benefit.

Examples: Complete restoration of the structure, including structural stabilization of walls, roof trusses and repairing roof, full restoration of damaged or missing siding, doors, windows and trim, plus installation of a full foundation. Secondary structures that encroach over a property line or easement shall be brought fully onto the applicant's property and outside of any easements or encroachments to qualify for this point allocation.

G. Moving Historic Structures: A structure derives part of its historic significance from its setting, which includes the property itself, associated landscaping, view corridors, and other buildings. The manner in which a building relates to its site, how it is oriented on the property and its view orientation are all aspects of the building context that enrich our ability to understand the life ways that the Historic District conveys. Removing a building from its historic setting, relocating a building on its historic site or altering its orientation diminishes our ability to interpret the history of the district and its historic structures to the fullest extent possible and therefore should be avoided. Instead, the preferred method is to preserve historic buildings in their existing locations.

The degree to which historic structures are moved on their site, or moved to another site, shall be considered in the allocation of negative points. Structures that are moved off the property to another site shall receive the greatest number of negative points. These moves alter the ability to interpret the history of a site and the historic structure. Every effort shall be made to preserve historic structures in their historic locations. When moving of structures is necessary, they shall be relocated in a manner which preserves the original context of the site and structure as much as possible. Structures shall not be moved any more than necessary to achieve reasonable use of the land.

Changes that improve the ability to preserve any historic structure or to improve public safety shall be considered in the allocation of points under this section. The following is a guideline for the assignment of points for moving historic structures. The final allocation of points shall be made by the Planning Commission pursuant to section 9-1-17-3 of this chapter. Negative points may be awarded to both primary and secondary structures.

No structure shall be moved unless the structure is also fully restored in its new location with structural stabilization, a full foundation, repairs to siding, windows, doors and architectural details, and roof repairs to provide water protection. Where a historic structure is moved and negative points are assigned for the move under subsection G1 of this section, then positive points for restoration work under subsection F(1) of this section shall only be awarded to the extent that the restoration/preservation efforts exceed the requirements above (e.g., structural stabilization, a full foundation, repairs to siding, windows, doors and architectural details, and roof repairs).

1. Moving Primary Structures:

0 points: Relocating of historic primary structures in order to bring them into compliance with required codes and/or setbacks and for correcting property encroachments, but keeping the structure on its original lot, and maintaining the historic context of the structure and site.

-10 points: Relocating of historic primary structures less than five feet (5') from its current or original location, keeping the structure on its original site, and maintaining the historic orientation and context of the structure and lot.

-15 points: Relocating a historic primary structure between five feet (5') and ten feet (10') from its current or original location, but keeping the structure on its original lot and maintaining the historic orientation and context.

-20 points: Relocating a historic primary structure more than ten feet (10') from its current or original location.

2. Secondary Structures:

0 points: Relocating of historic secondary structures in order to bring them into compliance with required codes and/or setbacks and for correcting property encroachments, but keeping the structure on its original lot, and maintaining the historic context of the structure and site.

-3 points: Relocating a historic secondary structure less than five feet (5') from its current or original location, keeping the structure on its original lot, and maintaining the historic orientation and context of the structure and site.

-5 points: Relocating a historic secondary structure between five feet (5') and ten feet (10') from its current or original location, but keeping the structure on its original lot and maintaining the historic orientation and context of the structure and site.

-10 points: Relocating a historic secondary structure more than ten feet (10') from its current or original location, but keeping the structure on its original lot.

-15 points: Relocating a historic secondary structure to a site off the original lot.

3. Other Negative Points: Any proposal for changing the historic orientation of a historic structure shall receive additional negative points based on the degree to which the change in orientation affects the ability to interpret the use and history of the site or structure. In general, the following points shall be assigned, unless a different point allocation is determined by the Planning Commission:

-2 points: Changing the historic orientation of a secondary structure.

-10 points: Changing the historic orientation of a primary structure.

4. Structures Not In Historic Location: On occasion, historic structures have been moved to new locations within the town. The moving of these structures (which were previously moved to new locations after the town's historic period of significance, after 1942) are not subject to the allocation of negative points if the final location and configuration of the building is consistent with the policies and intent of the "Handbook of Design Standards for the Historic and Conservation Districts", and so long as the building is structurally stabilized and placed on a permanent foundation at the receiving site. Also, the receiving site shall be an appropriate context for the structure, as determined by the structure's original use and site.

Structures that were previously moved during the town's period of significance (in 1942 or earlier) have achieved historical significance in their new or current location. In these cases, moving these structures again is discouraged and negative points shall be allocated by the Planning Commission in direct relation to the scope of the change in location and context, pursuant to the provisions of this chapter.

5. Returning Structures To Their Historic Location: It is the goal of the town to encourage the return of historic structures back to their original, historic locations, in those cases where historic structures were previously moved off their historic location. Positive points shall be assigned according to the following point schedule:

+2 points: Relocation of a historic structure back to its historic location.

+5 points: Relocation of a historic structure back to its historic location and returning the site to its appearance at a particular moment in time within the town's period of significance.

H. Recreation And Leisure Amenity Club:

1. The operator of an amenity club shall use a managed reservation system such that daily admission to the amenity club is limited to the total number of vacant units within the property in which the amenity club is located on such day. Each day a maximum of four (4) persons from one household may be admitted to the amenity club for each vacant unit.

2. Prior to the issuance of a certificate of occupancy for a property that contains an amenity club the developer shall execute and record with the Clerk and Recorder of Summit County, Colorado a restrictive covenant in accordance with the requirements of section 9-1-26 of this chapter. Such restrictive covenant shall require that the amenity club be operated in continuous compliance with the requirements of subsection 1 of this section, and other applicable provisions of this Code. Without limiting the generality of the preceding the required restrictive covenant shall authorize the town to audit the property's managed reservation system upon request. (Ord. 19, Series 1988; amd. Ord. 4, Series 1998; Ord. 21, Series 1998; Ord. 37, Series 2002; Ord. 12, Series 2012; Ord. 15, Series 2013; Ord. 1, Series 2014; Ord. 1, Series 2019; Ord. 11, Series 2020; Ord. 17, Series 2020; Ord. 24, Series 2021; Ord. 34, Series 2021; Ord. 1, Series 2022; Ord. 35, Series 2022; Ord. 8, Series 2023)

1Examples set forth in this policy are for purpose of illustration only, and are not binding upon the Planning Commission. The ultimate allocation of points shall be made by the Planning Commission pursuant to section 9-1-17-3 of this chapter.