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HomeMy WebLinkAbout1990-12-18 Support Documentation Town Council Regular Session VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, DECEMBER 18, 1990 7:30 P.M. AGENDA 1. Approval of Minutes of the November 6 and 20, 1990 Meetings 2. CITIZEN PARTICIPATION 3. Appointment of Liquor Board Member 4. Ordinance No. 43, Series of 1990, second reading, an ordinance making supplemental appropriations from the Town of Vail General Fund, Police Seizure Fund, Vail Marketing Fund, Booth Creek Improvement Fund, and the West Vail Assessment District Fund, of the 1990 Budget and the Financial Plan for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein. 5. Ordinance No. 42, Series of 1990, first reading, an ordinance repealing and reenacting Chapter 8.28 of the Muncipal Code of the Town of Vail to expand, strengthen, and clarify code provisions relating to to air pollution control. Applicant: Town of Vail. 6. Ordinance No. 45, Series of 1990, first reading, an ordinance requesting a major amendment to SDD #4, commonly known as Cascade Village, Section 18.46 - Area D, in order to adjust the phasing in order to allow for an office addition to the Glen Lyon Office Building, 1000 South Frontage Road West, Lot 45, Block K, Glen Lyon Subdivision. Applicant: Glen Lyon Office Building Partnership. 7. Ordinance No. 46, Series of 1990, first reading, an ordinance amending Sections 18.54.020 E of the Vail Municipal Code to provide for Design Review Board Meetings on the First and Third Wednesdays of each month only; amending Section 18.54.050 A.6 to provide that asphalt and fiberglass shingles may be permitted on structures within the Town of Vail under certain circumstances; deleting Section 18.54.050 B.13 of the Uail Muni-pal Code; and setting forth details in regard thereto. Applicant: Town of Vail. 8. Resolution 26, Series of 1990, an honorary resolution on behalf of the Town Council of the Town of Vail, Colorado, recognizing the contributions of Ted Kindel for his years of service to the community of Uail, Colorado. 9. Sign Variance for Bighorn Rentals, located at 4327 Streamside Circle; Lot 6, Bighorn 4th Filing. Applicant: Douglas Hiller. 10. Ski Museum Lease 11. Action on Town Manager Compensation 12. Adjournment VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, DECEMBER 18, 1990 7:30 P.M. EXPANDED AGENDA 7:30 1. Approval of Minutes of the November 6 and 20, 1990 Meetings 7:35 ~ 2. CITIZEN PARTICIPATION 7:40 3. Appointment of Liquor Board Member Pam Brandmeyer 7:45 4. Ordinance No. 43, Series of 1990, second reading, an Steve Barwick ordinance making supplemental appropriations from the Town of Vail General Fund, Police Seizure Fund, Vail Marketing Fund, Booth Creek Improvement Fund, and the West Vail Assessment District Fund, of the 1990 Budget and the Financial Plan for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein. Action Requested of Council: Approve/deny Ordinance No. 43, Series of 1990, on second reading. Background/Rationale: This ordinance will authorize supplemental appropriations from the Town of Vail General Fund, Police Seizure Fund, Uail Marketing Fund, Booth Creek Improvement Fund, and the West Vail Assessment District Fund. Staff Recommendation: Approve Ordinance No. 43, Series of 1990, on second reading. 8:00 5. Ordinance No. 42, Series of 1990, first reading, an Kristan Pritz ordinance repealing and reenacting Chapter 8.28 of the Susan Scanlon Municipal Code of the Town of Vail to expand, strengthen, and clarify code provisions relating to air pollution control. Applicant: Town of Vail. Action Requested of Council: Approve/deny Ordinance No. 42, Series of 1990, on first reading. Background/Rationale: The staff has been directed by Council and Planning Commission to update the existing air quality regulations to incorporate technological changes and to improve air quality in the Town of Vail. The PEC approved the draft ordinance 5-0. Staff Recommendation: Approve Ordinance No. 42, Series of 1990, on first reading. 8:45 6. Ordinance No. 45, Series of 1990, an ordinance requesting a Shelly Mello major amendment to SDD #4, commonly known as Cascade Village, Section 18.46 - Area D, in order to adjust the phasing in order to allow for an office addition to the Glen Lyon Office Building, 1000 South Frontage Road West, Lot 45, Block K, Glen Lyon Subdivision. Applicant: Glen Lyon Office Building Partnership. Action Requested of Council: Approve/deny Ordinance No. 45, Series of 1990, on first reading. Background/Rationale: The applicant is requesting to amend SDD #4 in order to allow for the enclosure of an existing deck without meeting all of the conditions of approval related to the SDD. The proposed deck enclosure is part of the 2800 sq. ft. office expansion approved by PEC and Council in March, 1990. The PEC voted unanimously to approve the amendment. Staff Recommendation: The staff recommends approval of the request. The staff feels it is unreasonable to require the applicant to meet all of the conditions set out in the approved SDD #4 in order to complete this 400 sq. ft. addition. 9:05 7. Ordinance 46, Series of 1990, first reading, an ordinance Shelly Mello amending Sections 18.54.020 E of the Vail Municipal Code to provide for Design Review Board Meetings on the First and Third Wednesdays of each month only; amending Section 18.54.050 A.6 to provide that asphalt and fiberglass shingles may be permitted on structures within the Town of Vail under certain circumstances; deleting Section 18:54.050 6.13 of the Vail Municipal Code; and setting forth details in regard thereto. Applicant: Town of Vail. Action Requested: Approve/deny Ordinance No. 46 on first reading. Background/Rationale: The PEC voted unanimously to recommend approval of the Staff's & DRB's request to amend the DRB Guidelines. Staff Recommendation: The PEC, DRB, and Staff recommend approval of Ordinance No. 46. The changes are minor modifications of the guidelines. They will not have any effect on GRFA site, site coverage, or any other development standards. 9:15 8. Resolution No. 26, Series of 1990, an honorary resolution on Pam Brandmeyer behalf of the Town Council of the Town of Vail, Colorado, recognizing the contributions of Ted Kindel for his years of service to the community of Vail, Colorado. Action Requested of Council: To approve Resolution 26 Background/Rationale: Attached please find a letter written to Mrs. Kindel and her children regarding the dedication of an area between the Red Lion Inn and the Mill Creek Court Building to be known as Ted Kindel Park, such dedication occurring on Saturday, December 22, 1990, at 4:00 P.M. Staff Recommendation: To approve Resolution No. 26 9:20 9. Sign Variance for Bighorn Rentals, located at 4327 Andy Knudtsen Streamside Circle; Lot 6, Bighorn 4th Filing. Applicant: Douglas Hiller. Action Requested of Council: Approve/deny the variance request. Background Rationale: The owner of Bighorn Rentals would like to replace the existing nonconforming freestanding sign with another sign of the same size, at the same location. The sign code prohibits alterations to nonconforming signs ` without a variance. The DRB voted 3-0, recommending approval of the request with the conditions that the height of the sign be reduced to 8 feet and a planter with flowers be added at the base of the sign. Staff Recommendation: Staff recommends denial of the, variance per the staff memo. 10:05 10. Ski Museum Lease Larry Eskwith 10:15 11. Action on Town Manager Compensation 10:25 12. Adjournment -2- MINUTES VAIL TOWN COUNCIL MEETING NOVEMBER 6, 1990 .7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, November 6, 1990, at 7:30 p.m., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor Tom Steinberg, Mayor Pro-Tem Lynn Fritzlen Jim Gibson Merv Lapin Robert Levine Peggy Osterfoss MEMBERS ABSENT: None TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk Citizen Participation was first on the agenda, of which there was none. Secondly, was the Summer Parking Incentive Program drawing. Caroline Fisher explained the summer parking incentive program was part of the contingency parking plan, and reviewed details of the program. People who had turned in 25+ receipts for parking in the Lionshead parking structure this summer had their names put into a hat for the drawing. Caroline noted there were many prizes, and the top prize for people who turned in 75+ receipts was a season ski pass donated by Vail Associates. Caroline passed the hat of names to Councilmembers for the drawing. Next was a public hearing to discuss the Vail Metropolitan Recreation District proposed par 3 golf course. Kristan Pritz stated the purpose was to hear public comments on the idea. She also noted after public input, the plan would have to go through the Planning and Environmental Commission review and then on to the Design Review Board review. Rob Robinson, Director of VMRD, commented they were asking for tentative approval by Council of the development of the par 3 golf course. He added the VMRD did not want to invest any funds in the development at this point until they had received public support of the idea. Laurie Asmussen presented a slide show of the conceptual idea for the proposed area. Rob then addressed some possible concerns and questions of the public, noting he had received over 50 letters of unsolicited support for the golf course. There was also discussion regarding adding a small area for employee housing units. Anne Pritzloff, a resident in the proposed area, remarked she was in favor of the golf course, but was concerned for the safety of her children to play in their yard unharmed. Sonny Caster felt the golf course would enhance the area. Nancy Woods stated the golf course would be an improvement of the area. After Rob Robinson answered questions of Council and the public, Councilmembers stated some concerns they wanted to make sure were addressed in the development of this project. Kent Rose raised the concern about possible wetland areas in the project area. Merv Lapin made a motion to allow the VMRD to proceed through the process, including the rezoning to Public Use District or any district appropriate to allow a golf course and employee housing. Peggy Osterfoss seconded the motion. A vote was taken and the motion passed unanimously 7-0. Approval of the minutes of the October 2 and 16, 1990 meetings was next on the agenda. There was no discussion by the public or Council. A motion to approve the minutes as presented was made by Merv Lapin and seconded by Peggy Osterfoss. A vote was taken and the motion passed unanimously 7-0. The fifth item was Ordinance No. 38, Series of 1990, second reading, annual appropriation ordinance: adopting a budget and financial plan and making appropriations to pay the costs, expenses, and liabilities of the Town of Vail, Colorado, for its fiscal year January 1, 1991, through December 31, 1991, and providing for the levy assessment and collection of town ad valorem property taxes due for the 1990 tax year and payable in the 1991 fiscal year. Mayor Rose read the full title of the ordinance. There was a brief discussion regarding tabling the item until the November 20 meeting because of discussions with Vail Associates and the Town of Avon for regional transportation to Minturn and Eagle-Vail, and the possibility of Amendment No. 1 passing. Tom Steinberg made a motion to table the f. ordinance until the November 20 evening meeting, which Merv Lapin seconded. A vote was taken and the motion passed unanimously 7-0. Next was Ordinance No. 39, Series of 1990, second reading, authorizing the issuance by the Town of Vail, Colorado, of its short-term promissory note (Firstbank Line of Credit), in the maximum principal amount of $1,000,000, to evidence the Town''s obligation to repay a line of credit, when drawn upon, from Firstbank for the purpose of providing funds to maintain an adequate fund balance in the Town's General Fund to enable the Town to pay the ordinary and necessary expenses; prescribing the form of said promissory note; providing for the payment of said promissory note from moneys deposited to the Town's General Fund and legally available for the payment thereof; providing other details in connection with said promissory note and providing further details in relation to the foregoing. 'The full title was read by Mayor Rose. Steve Thompson stated the only changes were that the note had been dated December 7, 1990, and it would mature on November 30, 1991. There was a short discussion regarding fees. Tom Steinberg made a motion toiapprove the ordinance, which was seconded by Merv Lapin. A vote was taken and the motion passed unanimously 7-0. Ordinance No. 36, Series of 1990, first reading, an ordinance repealing and reenacting Section 18.52.160, Parking Exemptions and repealing Section 18.52.180, variances of the Town of Vail Municipal Code and setting forth the details in regard thereto, was next. Mayor Rose read the full title. Kristan Pritz explained the background to the ordinance and reviewed the two main issues which were addressed by the amendments: 1. Any property located in the CCI or CCII zone districts is required to participate in this program. However, there are many properties, particularly in Lionshead, that are located a considerable distance from the Mall and have vehicular access that does not affect the pedestrianized area of the Mall. Allowing these properties to pay in lieu of providing parking on-site is inconsistent with the goals of the program. 2. As written, any property in CCI and CCII can remove existing on-site parking and pay into the parking fund to compensate for the spaces. There are benefits to removing spaces from the Village Core; however, there are many other properties where the removal of existing spaces will provide no public benefit. Kristan then reviewed the specifics of the ordinance. Kristan made the following changes to the ordinance: 18.52.160 62a - sentence added at the end of the paragraph. "In the event a change of use is proposed that requires less parking than an existing use, on site parking shall not be removed." 18.52.160 62b - paragraph amended to read: "Property owners or applicants located on the Lionshead Parking Program Overlay Map shall not be entitled to pay a fee in lieu in order to remove existing on site parking spaces." 18.52.160 C - introductory paragraph amended by adding the word "are" to~first sentence; "Where property owners are There was much discussion by Council about problems with the proposed changes regarding size of building changes, location to pedestrian areas, and requirements of parking on-site vs. pay-in-lieu. Kristan then answered questions of Council and ` the public. Merv Lapin made a motion to approve the ordinance with direction to staff to make clarifications as discussed this evening, which Tom Steinberg seconded. A vote was taken and the motion passed unanimously 7-0. Eighth on the agenda was Ordinance No. 40, Series of 1990, first reading, an' ordinance authorizing the Mayor of the Town of Vail to sign an intergovernmental agreement creating an Eagle County Emergency Telephone Service Authority within Eagle County, which authority shall include the Town of Vail; authorizing the imposition of an emergency telephone charge upon telephone exchange access facilities within Vail; and authorizing service suppliers to collect said emergency telephone charges. The full title of the ordinance was read by Mayor Rose. 'Ken Hughey explained the purpose of the ordinance. He also noted that each governmental entity needed to sign the agreement, but if a town did not, its area could be covered by one of the fire districts, so all would most likely be covered. After a short discussion by Council, Jim Gibson made a motion to approve the ordinance. A second was made by Tom Steinberg. There was more discussion regarding county-wide -2- ~ ~A:.' coverage and centralized dispatching for the county. A vote was taken and the motion passed unanimously 7-0. Next was an appointment to the Local Liquor Licensing Authority Board. Pam Brandmeyer stated there was one position open, and the only applicant was the current Board member Kevin Cassidy. After a brief discussion, Rob Levine made a motion to reappoint Kevin Cassidy to the Local Liquor Licensing Authority Board. Jim Gibson seconded the motion. A vote was taken and the motion passed unanimously 7-0. At this time, Ron Phillips asked about the housing meeting set for Thursday, November 15. Councilmembers jointly decided to begin the meeting at 8:00 a.m., and it would be held at the Library Community Room. Ron then asked Council for direction regarding the Vail Village Inn space and leasing it to the Vail Resort Association. Rob Levine remarked the Town had made a commitment to the URA, the URA had already spent money anticipating the move; he requested an additional five year option on top of the five year lease, with the rent to be $5.00/square foot, and the condominium association fee be waived since they would house the Resource Center and the Drug Free Eagle Valley entities. After much discussion regarding the pros and cons, and potential problems, it was jointly decided by all Councilmembers that: URA would pay the condominium association fees; the rent would be set at $5.00/square foot (the space is 4,000 square feet); the lease would be for five years only; and the VRA would be forbidden to do any over- the-counter business for outbound travelers. After some discussion, it was decided that rent would begin the first of the next month after the move to the new facility. Rob thanked everyone for their help. There being no further business, the meeting was adjourned at 9:50 p.m. Respectfully submitted, Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Brenda Chesman -3- MINUTES VAIL TOWN COUNCIL MEETING NOVEMBER 20, 1990 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, November 20, 1990, at 7:30 p.m., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Tom Steinberg, Mayor Pro-Tem Lynn Fritzlen Jim Gibson Merv Lapin Robert Levine Peggy Osterfoss MEMBERS ABSENT: Kent Rose, Mayor TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk First on the agenda was a ten year employment award for Larry Pardee. Ron Phillips gave brief background- information on Larry, a Heavy Equipment Operator, and congratulated him on ten years with the Town of Vail. Pete Burnett congratulated Larry, noting he was a hard worker and a dedicated employee. Under Citizen Participation, Rod Slifer stated he could not stay, but wanted to say he supported the Vail Resort Association, and felt the best location for their offices would be in the remodeled Vail Transportation Center. Next was a Housing Task Force presentation of the Town of Vail affordable housing study. Kristan Pritz introduced Nolan Rosall, a consultant to the Task Force, stating the purpose of the presentation was to ask Council's approval of the report and authorizing staff to implement the first phase of the report. She then gave general background information on the study and reviewed the recommendations. Nolan gave further details of the report explaining how it could be implemented. Larry Eskwith remarked staff had taken the initial steps to start the process - a petition for Town of Vail residents has been distributed to initiate a housing authority and a public notice in Friday's paper will announce a public hearing scheduled for December 4, 1990 to discuss the need for a housing authority. He then explained details of an authority and a non-profit corporation and answered questions of Council. Kristan Pritz commented the last issue of concern was using Town of Vail land for affordable housing. There was some discussion regarding locations of all Town of Vail parcels and where they were located as it pertained to their appropriateness. Joan Carnie stated she hoped there would be some open space left and was concerned about building on open space land; she felt building down valley would not cause as much impact locally. Kristan addressed the Town's responsibility to provide some housing within the Town of Vail boundary. Paul Johnston brought up using the north part of Donovan Park or the Edwards parcel, feeling these were acceptable with bus service to the housing area. He also had no problem using real estate transfer tax (RETT) land for housing. Bob Fritch reminded Council of the RETT vote and subsequent passage by Council, and asked questions regarding reimbursing the RETT fund if RETT land was used for employee housing, to which Peggy f Osterfoss asked if it was appropriate to use taxpayer dollars for land for affordable housing. Don Klinger commented the average employee in Denver drove 45 minutes to get to work so having employee housing down valley would be appropriate. Jeannie Duvall, a down valley resident, discussed a survey she had made comparing rental rates to job listings. She remarked costs were similar up and down valley and it was a myth about cheap rents down valley; there was no affordable housing. Jim Gibson asked if affordable housing should be defined as to rental rates? Nolan Rosall commented rates should be set by bedroom size; usually a housing authority would recommend rates based on employee wages. Tom Steinberg noted construction workers were now here year 'round and have impacted the housing situation; he felt it would be desirable to know the number or percentage of construction workers. Nolan added there were no disadvantages to having a housing authority; it would give new alternatives. Peggy Osterfoss made a motion to approve the Task Force's recommendation for affordable housing and to immediately proceed with the appointment of a housing authority. Merv Lapin seconded the motion. Lynn Fritzlen questioned density incentives and had a question regarding the difference between an affordable housing unit and a condominium. The Vail Resort Association (VRA) request for office space was next. Sylvia Blount, Executive Director at VRA, gave an overview of what the VRA has done in the valley ' and asked who would function as the URA if the URA dissolved? Paul Johnston; Harry Frampton, Renie Gorsuch, Will Miller, Mike Shannon..George Knox, Pepi Langegger, Bob Fritch, Diana Mathias, Dave Gorsuch, Hermann Staufer, Chris Hanen, and Stan Cope were supportive of the URA and their location. There was some discussion by Council regarding the chronological order of events and now what was appropriate spaces for the Ski Museum and the VRA. Sylvia stated the URA's position on a move. Eric Affeldt commented the visitor information center on top of the remodeled Vail Transportation Center was adequate, but that the reservations office should be somewhere else. After much discussion, Rob Levine made a motion to have the~VRA stay in the Post Office space until April, 1992, at the current rent, and the Town help find permanent space afterwards at no cost or very low cost. Jim Gibson seconded the motion. Peggy Osterfoss felt action should be taken before April, 1992, and suggested a business plan be made in a timely manner. There was much discussion regarding possible scenarios. Merv Lapin remarked VRA needed a business plan and he wanted to keep the moving date to May 1, 1991, because the Town had space needs, too. Ron Phillips commented both Boards needed to get together to make plans and arrangements. Mike Shannon suggested keeping the date to May 1, 1991, but the Town do nothing with the Vail Village Inn space or the Vail Transportation Center space until a resolution of the space issue had been resolved. Peggy Osterfoss felt the Council had given a basic confirmation of support, and now it was up to the Boards to work on a plan. Rob Levine modified the motion to have the URA stay in the Post Office space until May 1, 1991, and the Town of Vail would guarantee an appropriate space at a cost the URA was paying now or less. Jim Gibson modified his second. A vote was taken and the motion passed unanimously 6-0. At this time, Mayor Pro-Tem Steinberg called a ten minute recess. The fifth item was Ordinance No. 36, Series of 1990, second reading, an ordinance repealing and reenacting Section 18.52.160, Parking Exemptions and repealing Section 18.52.180, variances of the town of Vail Municipal Code and setting forth the details in regard thereto. Mayor Pro-Tem Steinberg read the full title. After a brief discussion, Merv Lapin made a motion to table the ordinance until the December 4 Evening Meeting. Rob Levine seconded the motion. A vote was taken and the motion passed unanimously 6-0. Next was Ordinance No. 38, Series of 1990, second reading, annual appropriation ordinance: adopting a budget and financial plan and making appropriations to pay the costs, expenses, and liabilities of the Town of Vail, Colorado, for its fiscal year January 1, 1991, through December 31, 1991, and providing for the levy assessment and collection of town ad valorem property taxes due for the 1990 tax year and payable in the 1991 fiscal year. The full title was read by Mayor Pro-Tem Steinberg. Steve Barwick commented the only change in the budget was $90,000 added to the general fund for the Town's portion of the Upper Eagle Valley bus system run by Avon. He also noted that $60,000 had been budgeted as revenue from the Vail Village Inn space for 1991, and Council should keep that in mind in future discussions. There was some discussion regarding the level of service of the Upper Eagle Valley bus system; Steve was to find out and report back to Council. There was also a short discussion regarding Eric Affeldt's letter to the Council. Eric stated he felt Council should defer some items in the budget until more money was in the account; then, when there is more money, put items back in. Ron Phillips and Stan Berryman explained why this was not a good way to go, and discussed detailed background on the road funds. Jim Gibson made a motion that by June 1, 1991, either the Town had a contract or 50°~ cash commitment by partners in the Berry Creek property, or the Town would list all or part of the property for sale. A second was made by Rob Levine. Tom Steinberg mentioned the Town could also finance the property and keep it, and get money back in the general fund. Jim Gibson amended his motion to include Tom's suggestion. Rob Levine amended his second. A vote was taken and the motion passed 4-2, with Tom Steinberg and Merv Lapin opposed. Back to Ordinance No. 38, Merv Lapin reviewed his concerns with the budget. Eric Affeldt felt the Council could make a motion stating 1) the Council agreed the general fund balance was unacceptable, 2) they would bring it up to an acceptable level as quickly as possible, and 3) Council would not look kindly upon further capital expenditures or supplemental appropriations until the fund level was up to an acceptable level. Peggy Osterfoss repeated Eric's recommendation in her motion for approval of the ordinance. Rob Levine seconded the motion. A vote was taken and the motion passed 5-1, with Merv Lapin opposed. ' Ordinance No. 40, Series of 1990, second reading, authorizing Town of Vail participation in the Eagle County Emergency Telephone Service System. The full title was read by Mayor Pro-Tem Steinberg. There was no discussion by Council or -2- i the public. A motion to approve the ordinance was made by Merv Lapin and seconded by Jim Gibson. A vote was taken and the motion passed unanimously 6-0. Eighth on the agenda was Ordinance No. 37, Series of 1990, first reading, an ordinance amending Section 18.04.130, the definition of floor area, gross residential (GRFA), Section 18.09.080 density control-hillside residential district; Section 18.10.090 density control-single-family district; Sub-section 18.12.090 (A) density control-two family residential district; Sub-section 18.13.080 (A) density control--primary/secondary residential district and setting forth the details in regard thereto. Mayor Pro-Tem Steinberg read the title in full. Tom Braun stated the ordinance was essentially the same as what was discussed October 28th. Merv Lapin questioned some of the technical language. Lynn Fritzlen commented she would support the ordinance on first reading if it would be discussed earlier on the agenda for second reading. She noted there were not many changes, but she wanted the public informed because it was complicated, but she would support it. A motion to approve the ordinance was made by Lynn Fritzlen and seconded by Peggy Osterfoss. Greg Amsten requested Council table this item for more public input and explained why. Kristan Pritz responded to some of his concerns. Merv Lapin commented on the items he did not understand, to which Kristan and Tom Braun addressed the issues. A vote was taken and the motion passed unanimously 6-0. Next was Ordinance No. 41, Series of 1990, first reading, an ordinance enacting Section 18.04.365, Definition of Site Coverage in Hillside Residential, Single Family, Two-Family, and Primary Secondary Zone Districts, and repealing and reenacting Section 18.09.090 Site Coverage-Hillside Residential District, Section 18.10.110 Site Coverage-Single Family District, Section 18.12.110 Site Coverage-Two Family District, Section 18.13.090 Site Coverage-Primary/Secondary District; and setting forth details in regard thereto. Mayor Pro-Tem Steinberg read the full title. Tom Braun explained this ordinance applied to low density areas, went through the ordinance in detail and explained the reasons for the ordinance. Merv Lapin made a motion to approve the ordinance, which was seconded by Peggy Osterfoss. A vote was taken and the motion passed unanimously 6-0. Tenth on the agenda was Resolution No. 24, a resolution determining that the formation of a Local Improvement District having the boundaries indicated on Exhibit A as prescribed in the Colorado Underground Conversion of Utilities Act (29-8-101 C.R.S.) will promote the public convenience, necessity, and welfare. After a short discussion, Jim Gibson made a motion to approve the resolution. A second was made by Lynn Fritzlen. A vote was taken and the motion passed unanimously 6-0. Next was an appeal of Design Review Board approval of the Byrne residence, a demo-rebuild project that incorporates the 250 square foot addition, located at 16 Forest Road, Parcel A, a resubdivision of Lot 1, Block 7, Vail Village 1st Filing. Jill Kammerer gave background information on the appeal and explained DRB granted approval with four conditions: 1. Existing concrete retaining wall in front of the Hobart residence be painted and capped with same stone as is to be used in siding. 2. That the applicant submit a letter from the adjacent property owner (Hobart) approving the application .of stone siding to existing brick and the painting of his residence and approval of painting and stone capping his existing retaining wall. 3. The applicant come back to the Board to show what impact reducing the front ` yard walls to 3'-0" will have on the site. 4. Town Engineer Greg Hall must review and approve any proposed water diversion needed in order to allow the development to occur. Peggy Osterfoss asked why the item was before the Council. Ned Gwathmey, Chairman of the Design Review Board, gave detailed information regarding the building plans and answered questions of Council. Ned then addressed Peggy's concerns and reviewed the plan drawings. Jay Peterson also answered questions of Council. Jim Gibson made a motion to uphold the DRB approval, which was seconded by Rob Levine. Peggy Osterfoss requested the DRB guidelines be modified to reflect situations like this. A vote was then taken and the motion passed unanimously 6-0. Ron Phillips noted the Uillage Transportation Center would open for business at 6:00 a.m. the next morning. Also, Channel 7 did a five minute spot on the Town's Tune Up classes, and they did a wonderful job. Channel 7 aired the story on the 5:00 p.m. -3- i . and 10:00 p.m. News and might on the 6:00 a.m. News tomorrow. Ron mentioned that Mike Shannon had also seen it play on CNN. There being no further business, the meeting was adjourned at 12:20 a.m. Respectfully submitted, Thomas I. Steinberg, Mayor Pro-Tem ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Brenda Chesman -4- ORDINANCE NO. 43 Series of 1990 AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS FROM THE TOWN OF VAIL GENERAL FUND, POLICE SEIZURE FUND, VAIL MARKETING FUND, BOOTH CREEK IMPROVEMENT FUND, AND THE WEST VAIL ASSESSMENT DISTRICT FUND, OF THE 1990 BUDGET AND THE FINANCIAL PLAN FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN. WHEREAS, contingencies have arisen during the fiscal year 1990 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 23, Series of 1989, adopting the 1990 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town has received certain revenues not budgeted for previously; 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 supplemental appropriations as set forth herein. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following supplemental appropriations for the 1990 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the ~ ex enditure of said a / p ppropriations as follows: FUND AMOUNT General Fund $ 25,000 Police Seizure Fund 94,500 Vail Marketing Fund 21,000 Booth Creek Improvement Fund 57,000 West Vail Assessment District Fund 16.500 TOTAL $214,000 -1- INTRODUCED, READ AND APPROVED ON FIRST READING THIS; 4th day of December , 1990, and a public hearing shall be held on - this ordinance on the 4th day of December 1990, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail Colorado. Ordered published in full this 4th day of December 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED PUBLISHED this day of 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -2- T0: Planning and Environmental Commission FROM: Department of Community Development DATE: December 10, 1990 SUBJECT: A request for a major amendment to SDD No.4, commonly known as Cascade Village, Section 18.46 - Area D, in order to adjust the Phasing Plan for site improvements in order to allow for an addition to the Glen Lyon Office Building, 1000 South Frontage Road West, Lot 45, Block K, Glen Lyon Subdivision Applicant: Glen Lyon Partners I. BACKGROUND In March, 1990, the Town Council and Planning and Environmental Commission (PEC) approved a major amendment to SDD #4 which includes the Glen Lyon Office Building - Area D, as well as Cascade Village - Area A, Coldstream Condominiums - Area B, and the Glen Lyon duplex lots. The approved SDD for Area D now includes the following: A. A brewery with a total floor area of 21,435 square feet. B. Expansion to the existing Glen Lyon Office Building of 2800 square feet. C. A two-level parking structure to be constructed at the time that the brew pub is open during the day or the east building is constructed. The operation of the brew pub would be allowed prior to the construction of the parking structure provided that the brew pub would only be open after 4:30 pm. D. A phasing plan which included the following: i) Phase I - 2800 square foot expansion to the Glen Lyon Office Building, as well as the undergrounding of electric services. 2) Phase II would include construction of the brewery, the relocation of the bike path, construction of the deceleration lanes on the South Frontage Road and the addition of a Town of Vail bus stop. 3) Phase III would include construction of the east building and/or the brew pub operating during the day. The parking structure would also be constructed during this phase. 1 r f E. Two employee housing units would be constructed as a part of Phase III. F. An enclosed emergency exit stair would be located on the south side of the Glen Lyon Office Building. G. All of the conditions associated with previous approvals would be included in the revised plan. II. THE REQUEST The applicant is requesting approval of an amendment to SDD#4 in order to allow the conversion of an existing exterior deck to 400 square feet of interior office space without meeting all of the conditions of approval set forth in SDD #4. The proposed deck enclosure is part of the 2800 square foot office expansion approved by the PEC and Town Council in March 1990. As approved, any portion of the approved office expansion triggers the condition of approval requirement that the developer make a number of site improvements. These conditions of approval are outlined; in the March 1990 SDD #4 Ordinance (see attached). Approval of a maior amendment to SDD #4 is necessary in order to allow the expansion. As the applicant is requesting to meet only a portion of the conditions applicable to the expansion of the office building, the applicant proposes to underground the electrical utilities along the Frontage Road and to 'add more landscaping around the existing surface parking lot. III. COMPARISON OR PROPOSED DEVELOPMENT TO THE ARTERIAL BUSINESS. ZONE DISTRICT A. Background on Glen Lyon Protierty In 1976, SDD#4 was established. The Arterial Business zone district was adopted in March of 1982. Arterial Business zoning serves as the underlying zone district for the Glen Lyon Office property. When the Special Development District was originally established, the development plan , called for 10,000 square feet of office space. The office building, with a gross area of approximately 13,000 square feet, was constructed in 1979-80. In March of 1982, the PEC and Town Council approved an amendment to SDD #4 which allowed approximately 3,000 sgbare feet of existing storage within the building to be converted to office space. 2 ' - In 1983, a request was approved by the PEC and Town Council to allow the total gross area of the building to be increased to 25,000 square feet. Of this 25,000 square feet, 18,750 square feet was considered to be net floor area for office. The remainder of the area was devoted to common areas such as mechanical, lobby areas, and corridors. The 1982 request also included a change to the front setback. The front setback was adjusted from 20 feet to 15 feet. This request was approved by the PEC with two conditions. The first was "the bike path, right turn and left turn lanes shall be provided in accordance with the circulation and access plan for the Arterial Business zone district with the stipulation that the funding be worked out within a period of 60 days after the approval, and that no building permit would be issued until the funding was worked out." In March of 1986, the developer requested an extension to the expired approval for Development Area D. This request was approved. In April of 1986, the Glen Lyon Office Building partnership requested a minor subdivision of the Glen Lyon Office Building property. The concept was to divide the 1.8 acre site into two parcels so that ownership could be divided prior to construction. The development would be limited to the approved development plan for the parcel. This request was also approved by the PEC. However, the minor subdivision plat has not been finalized and therefore has not been recorded with the County. IV. SPECIAL DEVELOPMENT DISTRICT CRITERIA A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent vrotierties, relative to architectural design, scale, bulk, building height. buffer zones, identity. character, visual integrity and orientation. The approved office square footage (2800 s.f.) will not be increased by this amendment. The proposed enclosure does alter the approved architectural plans. However, the proposed enclosure will be consistent with the architecture, scale, bulk, and height of the existing building and will not negatively impact any of the other criteria listed above. B. Uses. activity and density which crovide a comtiatible, 3 - efficient and wo~kab~.e relationship wi;th surroundina~ uses and activity. The proposal does not change the uses, activity or density of the approved plan. C. Compliance with parking and loadi,.na requirements as outlined in Chanter 18.52. The site currently contains 53 surface parking spaces. With this Phase I addition, 1.6 new parking spaces will be required. The new parking requirement will be 42;.2 or 43 parking spaces. No new spaces will be built,ias the site currently has l0 excess parking spaces. D. Conformity with appl~.cable elements of the Vail Comprehensive Plan. Town policies and Urban Design Plans. Section 1.2 of the Town of Vail X,and Use Plan relates to this proposal. "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." , E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. i No hazards are present on the Glen Lyon Office property. The site is affected by the floodplain, , however, the development is not proposed in the floodplain area. F. Site plan, building design and location and open space provisions desictned *o produce a functional development responsive and sensitive to natural features, ! ` vegetation and overall aesthetic duality of the ~ community. No changes are proposed in this area. 4 ' G. ~ circulatic~~n svst.em desi,~~P~, ~x hnt.h vehicles and ~edetrians addressing on and off-site traffic ~.rculation. No changes are proposed in this area. _ ,,Pt,i~ . andscanina and open space in K. Functional an,d aP~sfih . _ order to oDt}mite send rz~rPSPx,.ve natural features , recreation. views and functions. No changes are proposed that would affect any of the above issues. The applicant has agreed to upgrade the existing landscaping and to underground electrical service as a part of this proposal. I. Phasing elan or subdivision elan that will maintain a workable. functional and efficient relationshit~ throughout the development of the special development district. This amendment will change the proposed phasing plan. Rather than the entire 2800 square feet of office expansion being constructed in a single phase, the applicant is requesting to split Phase I into 2 pieces. Phase IA will include the 400 square foot deck enclosure and the undergrounding of electrical utilities. The remaining 2400 square feet of Phase I will be completed at an unspecified later date. In addition, the remaining conditions (as stipulated in the SDD for Area D will be completed at the time of construction of any of the elements included in Phase I or II). V. DEVELOPMENT STANDARDS All development standards have been met. VI. STAFF RECOMMENDATION The staff recommends approval of the request provided that ' the applicant underground the electrical utilities along the r north side of the Glen Lyon property. The applicant has agreed to complete the undergrounding as well as to improve the sites landscaping. 5 The staff feels it would be unreasonable to require the applicant to meet all of the conditions set out in the approved SDD #4 ordinance in order to complete this 400 square foot addition. We believe the undergrounding of the utilities will not be a hardship for the applicant and further find that given the scale of the proposed improvements, requiring the applicant to underground the electrical utilities will be more equitable than requiring the applicant to meet all the conditions of the originally approved development plan. We also support the applicant's desire to add landscaping around the existing surface parking lot. 6 _ ~ Pierce, S~gerberg 8t Spaeh Architects P. C. A.I.A. September 25, 1990 Town of Vail Planning Commission 75 South Frontage Road West Vail. CO 81657 RE: Glen Lyon Office Building Deck Enclosure Dear Sirs: ' We are proh~sing to Increase our office space by 400 square feet by enclosing an existing deck that has not been useC since the construction of the building in 1980 lsee attached drawings). The additional square footage has already been approved as included in Ordinance No. 40 Series of 1988, Special Development District No. 4. Glen Lyon Commercial Site D. 18.46.103, F. 2 allows 2,400 square feet additional office space in the existing building. Currently, 10.150 square feet of existing office space exists on Site D. Fifty-three parking spaces are currently provided; 40.6 parking spaces are required for the existing office space and 1.6 parking spaces are required for the additional 400 square feet. Therefore, the currently parking lot tepally accommodates the proposed square footage. Section 18.46.200: Controls do not apply. Section 18.46.210. D: The conditions of approval as they relate to a large 26.000 or 30.000 square toot development would not seem appropriate. in their entirety. to a 400 square toot deck enclosure. However. we would propose that Condition 3 be executed by the summer of 1991 as arrangements are being made at this time. We are proposing to develop sixteen percent of 16.46.100. F., 2. - which Is less than one percent of the entire S.D.D. If an amendment to the S.D.D. ordinance is reuugred. we would , like to begin this process. However. if because of the small scale of this project, a snore streamlined approach is possible. It would be appreciated. Main Ojjice: 1000 South Frontage Rosd West Vail Colorado 81657 303/476-4433 Post Office Box 2313 Beaver Creek. Colorado 81620 303/949-6049 Ont Tabor Center 1200 Seventeenth Street, Suite S1S Denver. Colorado 8020= 303/623-3355 Town of Vail Planning Commission September 25, t1i90 Page Two !f you need further information, please do not hesitate to call. Sincerely. Saundra L. Spaeh, A.I.A. SLS/Irt enc. cc: Gordon Pierce. GLOB Partnership Andrew Norris. GL08 Partnership Ralph 1Yiliba~ United Mortpa9e I ~ w IMG'~M7• i~ 1 ~ • ~ ~ ..rte' 1. •'1 • 1• 1. 1 ~ . 1•. ~ ' 1 ~V ' ,gyp ~~O ~ d Iy:~.. ~ ~~ty~1~ ~r ~~'~IIM~,~!'~y'"~~j}1'R?,~'~'41'~1R'R + I.~:', Y')~l t~, '/i ~ 1 1 ~ ? '~'Y~ ~ t " 'J ,'~t'IV.` \ ~ 1 ` 1 r~Y r u pr_ 1 1 fir.. ~ : , .1 e r ^li ~ s ! 1 ~ 1 I , 1 ,r a ' . I IAI 1 , r ~ 1. ~ r A v y .1 rQ r ~ ~ r , V'~ s'-'i`1C'r X,~l ~vf~M~'.~~F pln~//Y .~2 ,1 '.r ~ , v1 Y••~~ ~ ~a 1 f ~ ~ ~'h, 1 ~7~ Y i ~ {~11 Y~~4~y~j'~1 ~ ! + t ~ , I "V ~ 1 1 'y p l ~ ~ ~ FI y. 1 '"'''~VJJ S •.r •l 1 TT b v~4 i , .P;'s '.l~rrd . ~ ~ ' ~ ~ r ~ . t1a• , , i . M 'i ' is "C..r , I I 1 y , , , ' , /1~..r y 1, ~i~r~r~~' ~ - I,. • t ~ 'CO';~~ ;F APPROVAL FOR AREA D SDD 414 ' D. Area D,Glen Lyon Com ccial Site . 1. The developer shall agree to construct a bus lane per Town of Vail standards in the area of the Porte-cochere of the Micro-brewery in Area D. The specific location for the bus lane shall be mutually agreed to by the Area D owner and/or developer, Colorado Division of Highways, and Town of Vail. The bus lane shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either the brewery addition, office expansion, east office building, or parking structure. The developer and/or owners of area D shall be responsible for maintaining the new bus lane, including snow removal. If the lane is not maintained properly or snow removal is not adequate, the Town will not provide bus service to the site. 2. The developer shall relocate the existing bike path on Area D and provide a new bike path easement across the Glen Lyon property and CDOH property per the development plan for Area D. The bike path shall be constructed per Town of Vail standards. The bike path shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either the brewery addition, office expansion, east office building, or parking structure. Such temporary certificate of occupancies shall be conditional upon construction of the bike path provided for herein. The bike path easement shall be replatted and approval obtained from the Town Council prior to the issuance of a temporary certificate of occupancy for either the Brewery addition, office expansion, east office building or parking structure. 27 TAKEN FROM ORDINANCE 4110 SERIES OF 1990, APPROVED MARCH 20, 1990 3. The developer hall underground the elec ical ~ " utilities along the north side of the Glen Lyon property from the northwest corner of the property to the northeast corner of the property. This utility work shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the brewery addition, office expansion, east office building, or parking structure. 4. The developer shall be responsible for relocating the 20 foot utility easement an the western portion of Development Area D as well as obtaining approval from the Town of Vail for the relocated utility easement before a building permit it is released for the micro-brewery addition. 5. The developer of the Glen Lyon Office property shall not file any remonstrance or protest. against the formation of a local improvement district of other financing mechanism approved by the Vail Town Council which may be established for the purpose of building road improvements for the South Frontage Road. 6. The developer shall provide a fire hydrant per Town of Vail Fire Department requirements on the northwest portion of the property. The specific location for the fire hydrant shall be approved by the Vail Fire Department. The fire hydrant shall be provided subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the brewery addition, office expansion, east office building, or parking structure. 28 ` 7. The Developer .call construct a decelera on lane along South Frontage Road per the CDOH access permit. The developer shall submit plans for the South Frontage Road improvements to the Town of Vail engineer for review and approval before a building permit is released for either Phase I, II, or III construction. 8. The conditions for Area D in Sections 18.46.180 D, 18.46.200 A, B, F - R 18.46.210 D, 1-7, and 18.46.220 shall be set forth in restrictive covenants subject to the approval of the Town Attorney and once so approved shall be recorded on the land records of Eagle County. The developer shall be responsible for submitting the written conditions to the Town Attorney for approval before a building permit shall be issued for the Micro-brewery, office expansion, east office building, or parking structure. 9. Tl~e minor subdivision for Area D shall Ue developed per the following conditions: a. The development of parcels A, B, C, and D, shall be limited to the SDD 4 development plan and governed by the SDD 4 ordinance as approved by the Town of Vail and on file with the Department of Community Development or as amended and approved by the Community Development Department, Planning and Environmental Commission, and/or the Vail Town Council. b. The minor subdivision plat shall include a statement that development of the four parcels shall be governed by the approved SDD 4 development plan for area D and governing ordinances. 29 c. The Comm ity Development Departmen and Town of Vail Attorney shall have the right to review and require changes in any "Agreements of Tenants in Common", "Conveyance of Easement and Party wall Agreements", and any other easement or ownership agreements related to the development of parcels A, B, C, and D to ensure that the four parcels are developed per the approved development plan in SDD 4 Ordinance. d. '1'he developer shall be responsible for replatting the 20 foot utility easement on the western portion of development Area D as well as obtaining approval from the Town of Vail for the new utility easement before the minor subdivision plat is recorded. e. Any modifications or amendments to the minor subdivision conditions of approval agreement shall be reviewed as a major amendment under the procedures outlined in Section 18.40 of the Town of Vail Zoning Code. f. The conditions for the minor subdivision in Section 18.46.210 D9 A, B, C, and E, shall be set forth in restrictive covenants subject to the approval of,the Town Attorney and once so approved shall be recorded on the land records of eagle county. The developer shall be responsible for submitting the written conditions to the Town Attorney before the minor subdivision is recorded on the land records of Eagle County. 3G 10. The entire G1 .Lyon Office Building and rewery building shall be sprinklered and have a fire alarm detection system. Town of Vail Fire Department approval of the sprinkler and fire alarm systems shall be required before a building permit is released for Phase I or II. 11. The developer shall submit a set of amended plans to the Colorado Division of Highways for review and approval. The improvements on CDOH property proposed by the developer must receive CDOH approval before Phase I, II, and II are presented to the Town of Vail Design Review Board for final approval. 12. The east building including the two employee dwelling units shall be constructed when the parking structure is built to ensure that t2ie employee units are built. 18.46.220 Employee Housing The development of SDD 4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A and D shall provide employee housing on site. The developer(s) of Area A shall build a minimum of 8 employee dwelling units within Area A Westhaven Condominium building. Each employee dwelling unit in Area A shall have a minimum square footage of 648 square feet. The developer of Area D shall build 2 employee dwelling units in the Area D east building per the approved plan for the East Building. In Area D one employee dwelling unit shall have aminimum GRFA of 795 square feet and the second employee dwelling unit shall have a minimum GRFA of 900 square feet. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SDD4. In Area A, the GRFA and number of employee dwelling units shall be restricted as employee dwelling units for 20 years plus the life of Tiffany Christine Lowenthal from ttie date of final certificate of occupancy for said units. The two employee dwelling units in Area D shall be restricted as rental em~,loyee dwelling units permanently. In Areas A ~ D the 31 TO: Planning and Environmental Commission FROM: Department of Community Development RE: Changes to DRB Guidelines DATE: December 10, 1990 The Staff and the DRB are requesting to amend the following Sections 18.54.020.E.- Board Organization, Section 18.54.050.0.6. - Design Guidelines and Section 18.050.0.13 - Design Guidelines of the DRB Guidelines. Please see attached for the existing wording of the Sections which are to be changed. Section 18.54.020.E. should read, "The Design Review Board shall meet the first and third Wednesday of each month. The staff may schedule additional meetings if necessary. A current schedule of Design Review Board meetings is available in the Department of Community Development Office." The staff will schedule additional meetings if needed due to demand. No new items will be scheduled for these meetings. Their puprpose would be to hear items which have been tabled from previous meetings. Section 18.54.050.0.6. should read "...Asphalt and fiberglass shingles shall be permitted provided they are of at least 300 lbs per roofing square and of a design and color to be compatible with these guidelines." Section 18.54.050.0.13. Delete. This Section has been revised under Section 18.54.050.I. (Primary/Secondary), and is repetitive. These changes are minor modifications to the guidelines. They will not have any effect on GRFA, site coverage, or any other development standard. DESIGN REVIEW matter as pedestrian and vehicular traffic, surface water drainage, sound and sight buffer, the preservation of light and air, and those aspecu of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. (Ord. 39 (1983) § 1.) 18.54.015 Definitions and rules of construction. Any words, terms, or phrases used in this design review guide shall be defined and interpreted in accordance with the definitions contained in Section 18.04 of the Vail Municipal Code, 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. 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 mqv. In all instances, any particular or specific controls over the general. (Ord. 39 (1983) § 1.) 18.54.020 Board organization. A. There is established a design review board (DRB) of the Town of Vail. The DRB should be composed of five members. Four members shall be residents of the Town of Yail appointed by the town council and the fifth member shall be a member of the planning and environmental commission of the town. Notwithstanding the foregoing, the currtnt design review boazd members as of the date of the passage of this ordinance who will no longer be residents of the Town of Vail due to the deannexation of the area known as West Vail from the Town shall be permitted to complete their term on the design review board. B. The terms of office for the four members at large shall be two years on an overlapping basis and shalt expire on February 1 of the year of termination. The term of tv,u ~-s-asl r 1 ZONING office for the planning and environmental commission ' member shall be three months. C. A vacancy on the design review board shall occur whenever a member of the board is removed by the town council, dies, becomes incapacitated and unable to perform his duties for a period of sixty days, resigns, ceases to be a resident of the Town of Vail, or is . convicted of a felony. Notwithstanding the foregoing, the current design review board members as of the date of the passage of this ordinance who will ao longer be residents of the Town of Vail due to the deannexation of the area known as West Vail from the town shall be permitted to complete their term on the design review board. In the event a vacancy occurs, the town council shall appoint a successor to fill the vacancy and serve the remainder of the term of the former member. The board shall select its own chairman and vice-chairman from among its members. The chairman, or in his absence, the vice-chairman, shall be the presiding officer of its meetings. In the absence of both the chairman and the vice-chairman from a meeting, the members present - shall appoint a member to serve as acting chairman at the meeting. All business of the board shall be held at the municipal building of the Town of Vail, unless otherwise specified, with adequate notice given to all interested parties. Three members shall constitute a quorum for the transaction of business, but ~ in the absence of a quorum, a lesser number shall adjourn any meeting to a later time or date, and in the absence of all members, any staff member shall adjourn any meeting to a later time or date. I~. The board shall operate in accordance with its own rules of procedure as provided for in Section 8.6 of the Home Rule Charter. The rules shall be filed with the town clerk and maintained in the records of the town, and shall be subject to public inspection; provided, however, that the board shall submit its proposed rules or any amendment thereto to the town council which, by motion, shall approve the rules or amendment and direct their adoption by the board or f 448 w•a ss-as) DESIGN REVIEW disapprove the proposal with directions for revision and resubmission. E. The design review board shall meet the first, third, and fifth Wednesdays of each month. A current schedule of design . review board meetings is available in the department of community development office. (Ord. 18(1985) 1, 2: Ord. 39(1983) § 1.) 18.54.030 Design approval. A. No person shall commence removal of vegetation, site preparation, building construction or demolition, dumping of material upon a site, sign erection, exterior alteration or 1 448-1 lv.u ~-s-ss~ { DESIGN REVIEW e. The applicant or his authorized representative shall be present at the design review board meeting. 3. Staff approval. The zoning administrator may approve any of the following applications: a. Any application to an existing building that does not significantly change the existing planes of the building and is generally consistent with the architectural design, materials and colors of the building, including, but not limited to windows, skylights, siding, and other similar modifications; b. An application for an addition to an existing building that is consistent with the architectural design, mate- . rials and colors of the building, and approval has been received by an authorized member of a condominium -association, if applicable. c. An application to remove or modify the existing vegetation or landscaping upon a site. In the above-specified cases, the zoting admin- istrator may review and approve the application, approve the application with certain modifications, or may refer any application to the design review t board for decision. All other applications shall be referred to the design review board. (Ord. I2(19$8) § I: Ord. 39(1983) § l.) ,..18.54.050 -Design =uidelines. Actions of the design review board shall be guided by the objectives prescribed in Section 18.54.010, the Vail Village and Vail Lionshead Urban Design Considerations and Guide Plans, by all of the applicable ordinances of the Town of Vail, and by the following design guidelines: A. General. - -1:*~ Structures~hati~ _,......r~tible with existing structures, xheir 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 colon, and compliance with the guidelines herein contained. ~ . . 454c NW s-2-as~ . ZONING 2. Any building site in Vaift is likely to have its own unique land fortes and features. Whenever possible, these exist- ing 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 land forms and features intact, treating the buildings as an integral part of the site, rather than as isolated objects at odds with their surroundings. B. Site planning. 1. The location and configuration of structures and access ways shall be responsive to the existing topography of the site upon which they are to be located. Grading rcquire- pents resulting from development shall ~be designed to Glknd.~nto the existing ar.aatural landscape. Any cuts or fills shall be sculptural :in form and contoured to blend with the existing natural undisturbed terrain within the property boundary. 2. Building siting and access thereto shall be responsive to existing features of terrain rock outcroppings, drainage patterns, and vegetation. - j 3. Removal of trees, shrubs, and other native vegetation _ l shall oe limited to removal of those essential for develop- ment of the site or those identified as diseased. 4. All areas disturbed during construction shall be re- vegetated. Ifnecessary, the DRB may designate allowable limits of construction activity and require physical bar- riers in order to preserve significant natural features and vegetation upon a site and adjacent sites during con- SlructlOn. 5. All projects shall be designed so as to provide adequate snow storage areas for snow cleared from the parking areas and roadways within the project. ~ utTding~matena~"s'~fid"d'es`'i~, r `l.`~Building materials~shallfie predominantly natural such as wood siding, wood shakes, and native stone. Brick is acceptable. Where stucco is utilized, gross textures and surface features that appear to imitate other materials shall be avoided~oncrete,~ucfaces~ hall be treated with texture itid color if Wised, however exposed aggregate is more acceptable ~thari raw concrete. Neither aluminum 454d wa;i s-z-ss~ DESIGN REVIEW steel, or plastic siding, nor simulated stone or brick shall be permitted. Piywood siding shall not be permitted. 2. The same or similar building materials and colors shall be used on main structures and any accessory structures upon the site. 3. Exterior wall colors should be compatible with the site and surrounding buildings. Natural colors Garth 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 roof top mechanical equipment shall be annodized, painted or capable of weathering so as to be non-*eflective. 4. The majority of roof forms within Vail are gable roofs with a pitch of at Least four feet in twelve feet. However, other roof forms are allowed. Consideration of environ- mental and climatic determinants such as snow shedding, drainage, and solar exposure should be integral to the j roof design. ` S. Roof lines should be designed so as not to deposit snow on parking areas, trash storage areas, stairways, decks and baiconies, or entryways. Secondary roofs. snow clips, and snow guards should be utilized to protect these areas from roof snow shedding if necessary. 6. Roof surfacing materials shall be compatible with the site and surrounding buildings. The predominant roof mate- rials utilized arc wood shakes and their use is strongly encouraged. The use of metal roofs is acceptable, however in no instance will metal roofs which reflect direct sunlight onto an adjacent property be permitted. If metal - roofs are used they shall be surfaced with slow-gloss finish or capable of weathering to a dull finish. Metal roofs shall generally have a standing seam in order to provide some relief to the roof surface and be of a heavy gauge. Asphalt and fiberglass shingles shall not be permitted, however, they shall be of sufficient gauge, design, and color to be compatible with these guidelines (sufficient gauge shall be 300 pds/sq ft of roofing material). 454e wad 1 ~-IS-t31 r ZOI:ING 7. Rooftop heating and air conditioning equipment, large vent stacks, elevator penthouses and similar features should be avoided, however, if necessary, shall be de- signed to be compatible with the overall design of the structure or screened from viev~ooftop antennae shall ~ot..b~.permitted unless as allowed under a conditional use review as specifed within the zoning code. 8. Solar collectors shall lie flat on pitched roofs, however, when retrofitting an existing building with active solar the collectors should be designed and placed in a manner compatible with the overall design of the building. 9. Deep eaves, overhangs, canopies, and other building features that provide shelter from the elements are encouraged. 10. 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. 11. Exterior lighting shall be designed and located in a manner to minimize impact of lighting upon living areas ) within a proposed project and upon adjacent structures and properties. 12. 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. 13. Duplex and primary j secondary residential dwelling units shall be designed in a manner that contains the two dwelling units and garages within one single structure. ~ ; ~ . Hower•er, in the event that the presence of significant site ~~+~I ~ + characteristics necessitate a site design which includes a 1 i physical separation. of the two dwelling units and/ or t, cL garages into separaze structures, the DRB may approve ~ the design. Such a design may be approved only when the . ~ separate structures are visually attached by moans of the = use of similar and compatible architectural design, colors, ~ and materials and/or physically connected with fences, walls, decks or other similar architectural features. D. Landscaping/drainage/erosion control. 1. Various natural vegetation zones exist within the Gore y Valley as a result of the form and aspects of the land itself. (Vail 11- I S-8J) 454E ORDINANCE N0. 46 Series of 1990 AN ORDINANCE AMENDING SECTIONS 18.54.020 E OF THE VAIL MUNICIPAL CODE TO PROVIDE FOR DESIGN REVIEW BOARD MEETINGS ON THE FIRST AND THIRD WEDNESDAYS OF EACH MONTH ONLY; AMENDING SECTION 18.54.050 A.6 TO PROVIDE THAT ASPHALT AND FIBERGLASS SHINGLES MAY BE PERMITTED ON STRUCTURES WITHIN THE TOWN OF VAIL UNDER CERTAIN CIRCUMSTANCES; DELETING SECTION 18.54.050 B.13 OF THE VAIL MUNICIPAL CODE; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, it is the Council's opinion that it is necessary for the Design Review Board to meet only on the first and third Wednesdays of each month rather on the first, third, and fifth Wednesdays except in special situations; and WHEREAS, the Town Council is of the opinion that asphalt and fiberglass shingles are acceptable materials to be utilized in the construction of structures within the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO; 1. Section 18.54.020 E is hereby amended to read as follows: The Design Review Board shall meet every first and third Wednesday of each month. Additional meetings may be called by the Design Review Board or the Town staff if such meetings are deemed necessary. Should the staff or the Design Review Board require any additional meetings other than on the first and third Wednesday of each month, a notification of the date of such meetings shall be posted on the door at the entrance of the Town offices and shall also be found posted within the Community Development Department of the Town of Vail. 2. Section 18.54.050 C.6 is hereby amended to read as follows: 18.54.050 C.6 Roof surfacing materials shall be compatible with the side and surroundings buildings. The predominant roof materials utilized shall be wood shakes and their use is strongly encouraged. The use of metal roofs is acceptable, however in no instance will metal roofs which reflect direct sunlight on to an adjacent property be permitted. If metal roofs are used they shall be surfaced with a low-gloss finish or capable to weathering to a dull finish. Metal roofs shall generally have a standing seem in order to provide some relief to the roof surface and be of a heavy gauge. Asphalt and fiberglass shingles shall be permitted provided that they weigh no less than 300 lbs per roofing square foot and are of a design and color to be compatible with the requirements of Section 18.54.050. 3. Section 18.54.050 C.13 is hereby rescinded in its entirety. 4. If any part, section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause, or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses, or phrases be declared invalid. 5. The Town Council hereby finds, determines, and declares that this Ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 6. The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or 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. 7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND APPROVED ON FIRST READING this day of , 1990, at 7:30 p.m., in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -2- _ ~ i t ~t~ Resolution 26, Series of 1990 r ~ c~' An Honorary Resolution on behalf of the Town Council of the Town of. Vail, Colorado, recognizing the ~ contributions of Ted Kindel for his years of service to the community of Vail, Colorado. WHEREAS, Ted Kindel served on the original Board of ~ Trustees, and was elected Mayor of the first Vail Town Council; and WHEREAS, Ted Kindel served as a member of various ~f~ commissions for the Town of Vail, and as a director for Vail Associates and the Vail Resort Association; and WHEREAS, Ted Kindel served on the water and sewer and - ~ , fire special district boards; and WHEREAS, Ted Kindel was integral to the success and long term viability of this community. ~4 NOW, THEREFORE, BE IT RESOLVED BY THE VAIL TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town Council hereby recognizes Ted Kindel for his leadership and dedication to insuring the f future of the Town of Vail. R Section 2. That the Town of Vail hereby expresses its sincere appreciation and gratitude to Ted Kindel for his perseverance and service by designating the open space between the Red Lion and the Mill Creek Court Building as (~q~ a permanent location for Ted Kindel Park. INTRODUCED, READ, APPROVED, AND ENACTED, this 18th day of December, 1990. r Mayor r L - ~ y!~ tows of nail 75 south frontage road vail, Colorado 81657 (303) 479-2100 office of mayor December 6, 1990 Mrs. C. E. Kindel P.O. Box 220 Litchfield, AZ 85340 Dear Mrs. Kindel: Because of our great esteem for Ted Kindel and his numerous contributions to this community, both a citizen's group, composed in part by Gordon Brittan, Marge Burdick, and Christie Hill, and the Town of Vail, wish to extend a special invitation for a dedication ceremony to occur Saturday, December..22, 1990, at 4:00 P.M. The location for this dedication will be the open space between the Mill Creek Court Building and the Red Lion Inn. This dedication will mark a permanent location of recognition for an individual whose contributions remain integral to the success and long term viability of this community. Please join us on the twenty-second in this special recognition for your husband. If you should have any questions, please do not hesitate to contact me. Sincerely, TOWN OF VAIL Kent R. Rose Mayor TO: Design Review Board FROM: Community Development Department DATE: December 5, 1990 SUBJECT: A request for a variance to vary sections 16.32.030 (C), 16.20.010, and 16.20.050 of the Town of Vail Municipal Code to allow a sign alteration for Bighorn Rentals, located at 4327 Streamside Circle, Lot 6, Bighorn 4th Addition. Applicant: Douglas Hiller/Bighorn Rentals. I. OVERVIEW The owner of Bighorn Rentals would like to modify and replace an existing free standing sign for a business in east Vail. The existing sign was erected prior to the Town's adoption of a sign code. This request requires variances because, among other reasons, the Town of Vail Sign Code specifically prohibits any alterations to nonconforming signs. Each variance from the Town of Vail Sign Code is explained in detail below. II BACKGROUND The Bighorn Rentals sign and business have existed since 1969, according to documentation by the current owner. Mr. Hiller recently purchased the home and business and now lives there. The business is located in a single family residence in a duplex zone district and functions much like a home occupation. Legally, it is not a home occupation since the owner employees more employees than is allowed by the Zoning code for home occupations. There are a number of issues raised by this request which staff spent considerable time analyzing. The first is that the business is a legal nonconforming business and should not be viewed as a home occupation. Secondly, the sign is also nonconforming as it was erected prior to the Town regulating signage. Third is that the nonconforming business is not automatically entitled to a sign. This is _ because it is located in a Duplex Zone District which does not allow any commercial signage. Fourthly, for the purposes of this analysis, staff has determined that the % sign should be compared to the standards listed in the code for "Freestanding signs-- Single-business use." Below is a table comparing the existing to the proposed: Allowed by Code for freestanding signs for single business Existing Probosed Size 5.8 sq. ft. 5.8 sq. ft. No business sign allowed in Duplex Zones Height 11.5 ft. 10.0 ft. 8.0 ft. III. VARIANCE REQUESTS The request entails variances from three sections of the Sign Code. The most important aspect is the request to alter and establish the nonconforming sign. Second is the request to have a business sign in a residential zone. Third is the request to exceed the height limit for freestanding signs. The first and most important aspect of the request is to alter the nonconforming sign. The Sign Code has been written in such a way that nonconforming signs must be taken down if they are damaged or altered. They may be altered only if the Town grants a variance. Below is the section of the code pertaining to this standard. 16.32.030 Nonconforming Signs The use or operation of nonconforming signs shall be terminated as follows: C. By Destruction, Damage or l~lteration. The right to continue use or operation of any nonconforming sign shall terminate whenever the sign is altered in any way, or damaged or destroyed over 50% of its appraised value. The second aspect of the request is to allow a sign in a residential zone. The section of the code listed below indicates that businesses located outside commercial zones like CCI and PA are not allowed business signs. Since this section of the code does not include the Duplex Zone, 2 commercial signs are prohibited. That section of the code reads as follows: 16.20.010 Designated ~~A business or organization within the Commercial Core I, Commercial Core II, Commercial Service Center, Heavy Service, PA, and HDMF zone districts and special development districts is permitted the following sign or combinations of sings provided the provisions of each category and the provisions of this sign code are met...~~ (Please see attached Section of Sign Code.) A third component of the variance pertains to the height of a freestanding sign. Staff has used this section as a standard to compare the proposal to. Since height is limited to eight feet and since the new sign will be ten feet high, a variance is required. 16.20.050 Freestanding Signs ~~Height. No part of the sign shall extend above 8 feet above existing grade.~~ IV FINDINGS AND STAFF ANALYSIS Before the Board acts on a variance application, the applicant must prove physical hardship and the Board must find that, A. Determination of Physical Hardship. Though there are no clear cut hardships, staff believes that it is reasonable for the business to have a sign. We believe that some signage could be approved, but only if the square footage is reduced to an appropriate amount. Though not a physical hardship, it is somewhat of a hardship to have a business and not be allowed to have a sign. B. There are special circumstances or conditions applying to the land, buildings, topography. veaetation, Sian structures or other matters on adjacent lots or within the adjacent right-of-way which would substantially restrict the effectiveness of the sign in question: provided. however. that such special circumstances or conditions are unique to the particular business or enterprise to which the applicant desires to draw attention and do not apply generally to all businesses or enterprises. 3 . ( ~ There are no special circumstances that would restrict the effectiveness of the sign in question. There is no unique topography, vegetation, buildings or other similar structures that would limit the visibility of the sign. C. That special circumstances were not created by the applicant or anyone privy to the applicant. This criteria is not applicable as staff did not find any special circumstances on the site. D. That the granting of the variance will be in general harmony with the purpose of this title and will not be mater..ially detrimental to the persons residing or w~rkina in the vicinity, to adjacent property. to the neighborhood, or to the public welfare in general. The existing sign is not in harmony with the surrounding area. The new sign, as proposed, will also be incompatible with the area. The one other business sign along the Frontage Road in east Vail is part of the Pitkin Creek SDD. It is the sign for East Vail Market. That sign is part of a large mixed use SDD, yet it is approximately a quarter of the size of the Bighorn Rentals sign. Because this proposal is located further east on the Frontage Road in a less dense, thoroughly residential area, staff believes that it is incompatible. However, staff believes that this application presents an opportunity to increase the harmony between the business sign and the rest of the neighborhood. We believe that the standard used through out the Town for minimum signage allowed could be applied here. For example, businesses in the commercial areas of Town which do not meet the minimum front footage requirements for signage are always entitled to three square feet. Staff believes that the same minimum square footage could apply here. Another important change that must be made to make the sign more compatible with the surrounding area is to change it from a free standing sign to a wall sign. Since free standing signs are allowed only for major business operations in town, staff believes that a wall sign is much more appropriate in this case. E. The variance applied for does not depart from the provisions of this title any more than is reauired to identify the applicant's business or use. 4 Staff believes that the proposal exceeds what is necessary to identify the applicant's business. We understand the need to identify the business, but believe it can be accomplished effectively with a wall sign which does not exceed three square feet. V. STAFF RECOMMENDATIONS Staff does not support the request as proposed by the applicant. In an effort to be reasonable, we would support a request for an alteration to the nonconforming sign which was more compatible with the surrounding residential neighborhood. The current proposal, however, does not meet the findings of the Sign Code. Specifically, Finding D is not met as there are no special circumstances found on the site. Finding C is not met as the proposed sign would not be in harmony with the neighborhood. Finding E is not met as the variance applied for departs from the Sign Code much more than what would be reasonable to identify the business. Staff recommends that the applicant consider a three square foot wall sign (the minimum signage allowed for businesses in commercial and mixed use zones), which would bring the request into more compliance with the variance criteria. 5 s • M s i i 1 i, • i D D 1~, t D 0 T I ~ ~ , , ~j,o. a • wi w.K msq • ~ 11w pYl, GMa ftM . - : ~ QWWER6NIP Qt~dy~ s' 3 ~ ~ _ s ~1 •S I ~ U~ l . 3. o ~j . ~ . • ' f y... ~ :Y?: ~h':.: 4~ • ~ h `s _ .:i :i d Sales . _ Rentals an 1 ~ ; .7,i/4 t iii` _ • • J` ~ ~ T'Tt ~ fI~JJ S .i v ' i•• ~ w4. ,,x. - r 1i. S,,y: ? f'-- -*w~ .x - a _ v i- -4 Vail, Colorado 8 X658 X74.9111 • . FAX 1303) p Q. Bo: Q00 476-2 1-800.223-87 - 16.20.010 Designated. A. 'This chapter concerns those types of permanent and temporary signs requiring a sign application permit under the provisions of this title. This chapter further includes the purpose of each sign type, size, height, number, location,, 236 (Vail t-3-89) desi~_n atici landscapiii~_ requirements, and special provisions for each type oC sign. B. T}te following is a listing of sign categories permitted under the provisions of this title: 1. Display boxes; 2. I•la__s, pC~inants, banners and bunting: 3. Freestanding signs, joint directory signs for a multi-tenant building; 4. Freestanding signs, single-business use; 5. Murals anti supergrapliics; 6. Political signs: 7. Projecting at~d lianoirr~= signs, arcade; 8. Projecting and hand=ing signs, individual businesses withut amulti-tenant building; 9. Projecting ano' ltai~ging si^ns, joint directory signs for a multi-tenant buildvig; ]0. Projectin; and hanging sites, single-business use; l 1. Public information signs; . ~ 12. Residential nameplate signs; 13. Sign program; l4. Subdivision entrance signs: 15. Temporary site development signs; 16. Traffic-control signs for private property; 17. Wall ~i~ns, arcade; 18. Wall signs, individual businesses within amulti-tenant buildin_: 19. \Vall sigtts, joi~tt directory signs for amulti-tenant t•uildin~; 20. ~Vall si:_ns, single-business use; 21. Window signs. _ C. A business or organization within the Commercial Core 1, Commercial Core lI, Commercial Service Center, Heavy Service, PA, and HDMF zone districts and special develop- mentdistricts is permitted the following sign or combination of signs provided the provisions of esch category and the provisions of this sign code are met: 1. An individual business within amulti-tenant building may be permitted the following signs: a. Display boxes; 237 ~v.r ~-~tt? ~ ~ . a .1 i SIGNS b. Projecting and hanging signs or wall mounted signs or any combination thereof not to exceed the maximum number or size of signs as designated by any one category; e. Inclusion in a joint directory; d. Traffic control signs; e. Window signs; f. Other temporary signs as permitted within the provi- sions of this code. 2. An individual business which is the sole occupant within a building may be permitted the following signs: a. Display boxes; b. Wall signs or projecting and hanging signs, or-free= standing signs of any combination thereof not to exceed the maximum number or size allowed as desig- nated by any one category; c. Traffic control signs; d. Window signs; e. Other temporary signs as permitted by the provisions of this code. (Ord. 14(1982) § I d (part): Ord. 9(1973) § 14 (part).) 16.20.020 Display boxes. Display boxes shall be regulated by the following: A. Purpose, to display current menus, current real estate listings or current entertainment; B. Size, no greater ihan five square feet; C. Height, no part of the display box shall extend above six feet from existing grade; D. Number shall be as follows: 1. Permitted, one display sign, 2. Conditional, if a business has two consumer entrances on distinct, separate pedestrian ways, a proposal for a second display box may be approved at the discretion of the design review board. The proposal shall conform to the other provisions of this section; E. Location, subject to approval of the design review board; C F. Design, glass-enclosed display box, subject to the approval of the design review board; (Vaii 1-ia671 238