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HomeMy WebLinkAbout1991-09-03 Support Documentation Town Council Regular Session ~i~ ~ VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 3, 1991 7:30 p.m. AGENDA 1. CITIZEN PARTICIPATION 2. Consent Agenda A. Approval of Minutes of August 6 and August 20, 1991 evening meetings B. Ordinance No. 25, Series of 1991, second reading, an ordinance repealing and reenacting Chapter 15.02; adopting by reference the 1991 editions of The Uniform Building Code, The Uniform Mechanical Code, the Uniform Fire Code, The Uniform Plumbing Code, The Uniform Code for the Abatement of Dangerous Buildings, The Uniform Building Code Standards, The Uniform Fire Code Standards, and the' 1990 edition of the National Electric Code; setting forth certain amendments to The Uniform Building Code, The Uniform Mechanical Code, The Uniform Fire Code, and the National Electric Code; and repealing Chapters 15.08 Building Permits -Review Procedures, 15.28 Water Closet Specifications, and 15.32 Model Energy Efficiency Construction Standards; and amending Section 15.36.Oi 0 of the Municipal Code of the Town of Vail; and setting forth details in regard thereto C. Ordinance No. 27, Series of 1991, second reading, an ordinance amending Section 18.58.020(C) -Fences, Hedges, Walls and Screening of the Town of Vail Zoning Code Supplemental Regulations, regarding enforcement of covenants restricting fence heights and details with regard thereto D. Ordinance No. 28, Series of 1991, second reading, an ordinance repealing and reenacting Ordinance No. 45, Series of 1990, to provide changes to Area D requirements that concern the phasing plan for site improvements for Area D; and setting forth details in regard thereto 3. Resolution No. 19, Series of 1991, a resolution asking the Colorado Wildlife Commission to take certain action concerning animal traps in and around the Town of Vail 4. Appeal by neighbors of a PEC decision approving a front setback variance at the Tupy Residence (Applicant: Leon Tupy; Appellants: Marka .Moser, Cynthia Steitz, Bruce Allen) 5. Town Council call-up of a DRB decision approving a modified landscape plan for the Gasthof Gramshammer (Applicants: Pepi and Sheika Gramshammer) 6. Adjournment C:~AGENDA.TC ~ BQ ~ VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 3, 1991 7:30 P.M. EXPANDED AGENDA 7:30 p.m. 1. CITIZEN PARTICIPATION 7:35 p.m. 2. Consent Agenda A. Approval of Minutes of August 6 and August 20, 1991 evening meetings Larry Eskwith B. Ordinance No. 25, Series of 1991, second reading, an ordinance repealing and reenacting Chapter 15.02; adopting by reference the 1991 editions of The Uniform Building Code, The Uniform Mechanical Code, the Uniform Fire Code, The Uniform Plumbing Code, The Uniform Code for the Abatement of Dangerous Buildings, The Uniform Building Code Standards, The Uniform Fire Code Standards, and the 1990 edition of the National Electric Code; setting forth certain amendments to The Uniform Building Code, The Uniform Mechanical Code, The Uniform Fire Code, and the National Electric Code; and repealing Chapters 15.08 Building Permits -Review Procedures, 15.28 Water Closet Specifications, and 15.32 Model Energy Efficiency Construction Standards; and amending Section 15.36.010 of the Municipal Code of the Town of Vail; and setting forth details in regard thereto Jill Kammerer C. Ordinance No. 27, Series of 1991, second reading, an ordinance amending Section 18.58.020(C) -Fences, Hedges, Walls and Screening of the Town of Vail Zoning Code Supplemental Regulations, regarding enforcement of covenants restricting fence heights and details with regard thereto Shelly Mello D. Ordinance No. 28, Series of 1991, second reading, an ordinance repealing and reenacting Ordinance No. 45, Series of 1990, to provide changes to Area D requirements that concern the phasing plan for site improvements for Area D; and setting forth details in regard thereto 7:45 p.m. 3. Resolution No. 19, Series of 1991, a resolution asking the Ken Hughey Colorado Wildlife Commission to take certain action concerning Bob Slagle animal traps in and around the Town Action Requested of Council: Approve or deny Resolution No. 19, Series of 1991. Backaround Rationale: Citizens of the Town have requested that the Town request that a policy protecting local citizens and their pets from injury due to animal traps be adopted by the Colorado Wildlife Commission at their September 19, 1991 meeting. 8:00 p.m. 4. Appeal by neighbors of a PEC decision approving a front setback Andrew Knudtsen variance at the Tupy Residence (1901 Chamonix Lane); (Applicant: Leon Tupy; Appellants: Marka Moser, Cynthia Steitz; Bruce Allen) Action Reauested of Council: Uphold/overturn/modify the PEC decision. Backaround Rationale: The applicant applied for a front setback variance for a proposed primary/secondary residence at 1901 Chamonix Lane. On August 12, 1991, the PEC voted 4-3 to approve the Tupy front setback variance request; the neighbors are now appealing the PEC decision. Staff recommended approval of the request since, in Staff's opinion, the variance criteria, specifically hardship, have been met. 8:30 p.m. 5. Town Council call-up of a DRB decision approving a modified Andrew Knudtsen landscape plan for the Gasthof Gramshammer; (Applicants: Pepi and Sheika Gramshammer) Action Reauested of Council: Uphold/overturn/modify the DRB decision. Backaround Rationale: On August 7, 1991, the DRB voted 5-0 to approve a modified landscape plan for the Gasthof Gramshammer. The applicants do not intend to add any landscaping to what presently exists in the planters on the east and south sides of the buildings. On January 30, 1991, the DRB approved the ski storage locker expansion with an accompanying landscape plan. On June 19, 1991, the DRB approved a plan which allowed the removal of three (3) Aspen trees on the southwest corner of the Gasthof Gramshammer site. This approval was given with the condition that the applicants present an alternative plan, providing an adequate amount of landscaping to compensate for the three (3) trees which were cut down. The DRB believed that the existing landscaping was attractive and that the Gasthof Gramshammer did not need more landscaping to improve its appearance. 8:50 p.m. 6. Adjournment C:~AGENDA.TCE August 24, 1991 Vail Village Inn 100 E. Meadow Drive Vail, CO 81657 Dear Mr. Staufer: We wish to express the pleasure that we experienced while visiting Vail and staying at your fine hotel. ~r~e especially enjoyed your hospitality and the activities that the Vail area provides. Our thanks to Jerry of the Vail Mt. maintenance rrew for _ his kind assistance when my wife fell hurting her wrist. We did, however, find the frequent sirens of the fire trucks disturbing. This day and night sound intrusion I've only experienced in a big city such as New York. mince this has not been a problem in other small communities I've visited, I hope that Vail can find a solution too. Sincerely yours, . Henry Nelson 5026'Green Cay Sf. Croix, V.I. 00820 ~f .3.91 4~~PitA.l 'H~ 3 EAGLE VALLEY ~IUMANE SOCIETY P. O. Box 2587 • Vail, CO 81658 • (303)476-5097 DEAR FELLOW SUPPORTER: The Eagle Valley Humane Society :~rishes to thank you for your attendance and participation at tonight's public forum. This meeting has been an important first step in establishing trap- ping restrictions that provide for greater safety and enjoyment for all who utilize the public hiking trails around Vail. But that is just what it is--a first step! It will not and cannot end here. Your voice must be heard by the Colorado Wildlife Commissioners when they meet in Grand Junction on September 20, 1991 to consider this issue. Please stay involved! The Vail Town Council's resolution and a few voices may not be enough to ensure passage. We are up against a beauracracy entrenched with sympathy for and sentiment with the trapping minority. Trappers themselves will be fighting this issue, as well. Here are a few things you can do to continue your support of this important resolution: 1) Please attend the Wildlife Commissioner's meeting in Grand Junction on September 20th. Car pooling is available and encouraged. Call the Humane Society for more information. 476-5097. 2) Write a letter to the Colorado Wildlife Commission expressing your concern for the safety of individuals, children and pets on our hiking trails with leg-hold traps present. Let them know that you support restricting trapping 100 feet on either side of the major hiking trails in Vail. It need not be long--a paragraph or two. But it is important they hear from you. Again, the Humane Society has more information if you need it. 3) Have at least 5 friends or acquaintances send a similar letter. The more people they hear from the better the chances for seeing passage of trapping restrictions. Send your letters to:Wildlife Commission Public Services Division of Wildlife 6060 Broadway Denver, CO 80216 THANKS AGAIN AND SEE YOU IN GRAND JUNCTION ON THE 20TH!!! ~ i'~o ~~~A~~ f/ukiZonlS ~2, ~l. ~ i~ ~ MINUTES VAIL TOWN COUNCIL MEETING AUGUST 6, 1991 7.30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, August 6, 1991, 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 Robert Levine Peggy Osterfoss Jim Gibson Merv Lapin TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Ken Hughey, Assistant Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item on the agenda was Citizen Participation, of which there was none. Second on the agenda was a Consent Agenda consisting of two items: A. Approval of Minutes of July 2 and 16, 1991, meetings B. Ordinance No. 21, Series of 1991, second reading, (formerly Ordinance No. 42, Series of 1990), an ordinance repealing and reenacting Chapter 8.28 of the Municipal Code of the Town of Vail; setting forth certain provisions to control air pollution within the Town; and providing details with regard thereto Mayor Rose read the title of Ordinance No. 21, Series of 1991, in full. Merv Lapin moved to approve both items, with the second coming from Peggy Osterfoss. A vote was taken and the motion passed unanimously, 7-0. Item No. 3 was Ordinance No. 23, Series of 1991, first reading, an ordinance amending Chapter 5.32 of the Municipal Code of the Town of Vail by the addition of Section 5.32.030; providing for the issuance of temporary permits for the issuance of alcoholic beverages under certain circumstances; and providing details in regard thereto. Mayor Rose read the title in full. Larry Eskwith advised the State passed a statute effective 7/1/91 permitting municipalities to issue temporary liquor licenses in situations where there has been a transfer of a licensed premise. Merv Lapin moved to approve Ordinance No. 23, with the second coming from Tom Steinberg. A vote was taken and the motion passed unanimously, 7-0. Item No. 4 was Ordinance No. 24, Series of 1991, first reading, an ordinance providing for the establishment of Special Development District No. 26; adopting a development plan for Special Development District No. 26; in accordance with Chapter 18.40 of the Vail Municipal Code and setting forth the details in regard thereto. Mayor Rose read the title in full. Kent Rose stepped down from this discussion due to personal involvement. Abe Shapiro, applicant and property owner, had filed a request for the establishment of an SDD for a 6.8 acre unplatted parcel of land located in the northwest section of Lionsridge Filing No. 1; north of Sandstone Drive and west of Potato Patch Drive. Mike Mollica presented particulars regarding the ordinance including an explanation of four (4) variations from the underlying zone district (Agricultural and Open Space) this SDD request would require: (1) a request to expand the maximum allowable GRFA from 2,000 sq. ft. to 4,625 sq. ft. for the site, not including a 900 sq ft. attached garaged considered a "credit" not included in the GRFA calculation, (2) the proposed addition of one restricted (secondary) employee dwelling unit consisting of approximately 1,200 sq. ft. integrated into the main structure, and (3) and (4) requests for variations from the underlying zoning with regard to the maximum height of the proposed retaining walls and the maximum slope of 1 cut and fill areas. As detailed in CDD's memo to the PEC dated 7/8/91, the PEC voted 5-0, unanimously recommended denial of the applicant's request. After comments and visual presentations by applicant Abe Shapiro, Peggy Osterfoss pointed out that other options could still have been pursued, i.e., build by right or pursue variances. Following a review and discussion of the purpose section of the special development district chapter of the zoning code (Section 18.40.010), and then specifically citing the key issues of this SDD proposal as those of compatibility, benefit to the community, re-vegetation difficulties/ driveway-road scarring of the mountainside and alternatives to accessing the property, as well as lack of evidence of any hardship to Mr. Shapiro, Jim Gibson moved to deny Ordinance No. 24, with a second coming from Merv Lapin. A vote was, taken and the motion passed unanimously, 6-0-1, Kent Rose abstaining. Item No. 5 was Ordinance No. 25, Series of 1991, first reading, an ordinance repealing and reenacting Chapter 15.02; adopting by reference the 1991 editions of the Uniform Building Code, the Uniform Mechanical Code, the Uniform Fire Code, the Uniform Plumbing Code, the Uniform Code for the Abatement of Dangerous Buildings, the Uniform Codes for Uniform Building Code Standards, the Uniform.Fire Code Standards, and the 1990 edition of the National Electric Code; setting forth certain amendments to the Uniform Building Code, the Uniform Mechanical Code, the Uniform Fire Code, and the National Electric Code; and repealing Chapters 15.08 Building Permits - Review Procedures, 15.28 Water Closet Specifications, and 15.32 Model Energy Efficiency Construction Standards; and amending Section 15.36.010 of the Municipal Code of the Town of Vail; and setting forth details in regard thereto. Mayor Rose read the title in full. Larry Eskwith said that two minor changes needed to be made to the ordinance before submitted: First, to Section 15.02.020 (page 2 - to both paragraphs C and D), publisher name added: The International Association of Plumbing and Mechanical Officials, 20001 S. Walnut Dr., Walnut, California 91789. Secondly, there was a typo-graphical error in paragraph (a) under Required Installations. The Uniform Building Code referenced should be the 1991 edition, not the 1982 edition. Corrections will be made for second reading. Jim Gibson moved to approve Ordinance No. 25, with the second coming from Merv Lapin. A vote was taken and the motion passed unanimously, 7-0. Item No. 6 on the agenda was Resolution No. 15, Series of 1991, a resolution setting forth the intent of the Town of Vail, Colorado, to issue bonds to finance various projects. Mayor Rose read the title in full. Steve Barwick explained this resolution would allow the Town to include expenditures that may be made during the balance of 1991 for design of the Police Building and/or design of the possible additions to the Public Works Administration Building in the possible bond issue for the Police Building in 1992. Rob Levine moved to approve Resolution No. 15, with the second coming from Tom Steinberg. A vote was taken and the motion passed unanimously, 7-0. Item No. 7 on the agenda was an appeal of the PEC decision regarding site coverage for the Stanley Duplex, Sunburst Drive/Lot 1, Vail Valley Third Filing, a resubdivision of part of Sunburst. Mr. Snow was not present in Council Chambers when this agenda item was announced. Mayor Rose moved on to agenda Item No. 8. Item No . 8 on the agenda was an appeal of the DRB decision to deny a sign variance for Breeze Ski Rentals (Montaneros Commercial Condominium, Unit 100/641 N. Lionshead Circle/Part of Lot 8, Block 1 Vail Lionshead Third Filing). Applicant: Louis Sapiro. The sign variance request would increase the number of allowable wall mounted or projecting signs by one (1), and increase the area of signage on the building in excess of the signage area allowed by 2.25 sq. ft. Staff did not support the variance request as they did not feel the location of the business presented a physical hardship. After brief discussion based on the CDD's memo to the DRB dated 7/17/91, Peggy Osterfoss moved to deny this sign variance request, with a second coming from Rob Levine. A vote was taken and the motion to deny passed, 5-2, with Merv Lapin and Jim Gibson voting against the motion. Jack Snow arrived and Mayor Rose returned to Item No. 7 on the agenda, Mr. Stanley's appeal of the PEC decision regarding site coverage for the Stanley Duplex. Jack Snow, the architect representing Mr. Stanley, referred to the CDD's memo to the PEC dated 6/10/91 which addresses the definition of site coverage. Mr. Snow responded to that memo by a letter dated 6/20/91, in which he expressed the site coverage definition seems 2 to be contradictory. Rob Levine felt this a was housekeeping item, and a verbiage change in the code would be all that was needed to clarify the definition. Council agreed that the code verbiage does need changing. Merv Lapin moved to uphold the PEC's decision that the area under the deck does not count as site coverage, with a second coming from Tom Steinberg. A vote was taken and the motion denying the applicant's request passed, 4-3, with Jim Gibson, Lynn Fritzlen, and Rob Levine voting against the motion. Item No. 9 on the agenda was a Proclamation of the Mayor declaring Labor Day Weekend as Physically-Challenged Access to the Woods Weekend, in recognition of P.A.W. Merv Lapin moved to approve the proclamation, with a second coming from Peggy Osterfoss. A vote was taken and the motion passed unanimously, 7-0. Not on the agenda, but raised by Merv Lapin, was a question from Larry Eskwith regarding Council direction needed in the Schmetzko vs. Town of Vail case. Merv Lapin moved to direct the Town Attorney to enter into an agreement in the case of Schmetzko vs. Town of Vail, Civil Action No. 90F2058, assuming that it meets the approval of the Town Engineer; with a second coming from Jim Gibson. A vote was taken and the motion passed unanimously, 7-0. There being no further business; Mayor Rose moved to adjourn the meeting at 10:15 P.M. Respectfully submitted, Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Dorianne S. Deto C:\MINS.86 3 MINUTES VAIL TOWN COUNCIL MEETING AUGUST 20, 1991 7.30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, August 20, 1991, at 7:30 P.M., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor Tom Steinberg, Mayor Pro-Tem Robert Levine Jim Gibson Peggy Osterfoss Merv Lapin MEMBERS ABSENT: Lynn Fritzlen TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Ken Hughey, Assistant Town Manager Larry Eskwith, Town Attorney The first item on the agenda was Citizen Participation, of which there was none. Second on the agenda was a Consent Agenda consisting of one item: (A) Ordinance No. 23, Series of 1991, second reading, an ordinance amending Chapter 5.32 of the Municipal Code of the Town of Vail by the addition of Section 5.32.030; providing for the issuance of temporary permits for the issuance of alcoholic beverages under certain circumstances; and providing details in regard thereto. Mayor Rose read the title in full. Jim Gibson moved to approve the Consent Agenda, with the second coming from Peggy Osterfoss. A vote was taken and the motion passed unanimously, 6-0. Item No. 3 was Ordinance No. 26, Series of 1991, first reading, an emergency ordinance approving a lease/purchase agreement with Alameda National Bank for the acquisition of equipment for the Town of Vail, Colorado. Mayor Rose read the title in full. Reasons for presenting this ordinance to Council as an emergency ordinance were given by Steve Barwick and Larry Eskwith as follows: (1) The lease has already been approved by Council and the cost was included in the 1991 budget, but the bond attorney requested this be done by ordinance, (2) The ordinance is needed now to close the deal in time to avoid having to renegotiate the terms, (3) The interest rate available now is far better than what we could achieve if the closing would have to be put off for another two to three weeks, (4) the need for the buses is immediate, and (5) the -auditors now want to see full revenue coming in and full expense reports . After a brief discussion including notation that this particular lease will be a two (2) year lease at 60, Merv Lapin moved to approve Ordinance No. 26 as an emergency ordinance, with a second coming from Tom Steinberg. A vote was taken and the motion passed unanimously, 6-0. Item No. 4 was Ordinance No. 27, Series of 1991, first reading, an ordinance amending Section 18.58.020(C) - Fences, Hedges, Walls and Screening of the Town of Vail Zoning Code Supplemental Regulations, regarding enforcement of covenants restricting fence heights and details with regard thereto. Mayor Rose read the title in full. Jill Kammerer explained the issue was to delete language within a section of the code that relates to the Town enforcing private covenants and restrictions as the Town does not enforce covenants and restrictions to which the Town is not a party. Tom Steinberg moved to approve Ordinance No. 27 on first reading, with a second coming from Merv Lapin. A vote was taken and the motion passed unanimously, 6-0. Item No. 5 was Ordinance No. 28, Series of 1991, first reading, an ordinance repealing and reenacting Ordinance No. 45, Series of 1990, to provide changes to Area D requirements that concern the phasing plan for site improvements for Area D; and setting forth details in regard thereto. Mayor Rose read the title in full. Shelly Mello noted in 1 December, 1990, a major amendment to SDD#4 was approved. Details regarding the background of this issue are fully detailed in the CDD's memo dated 8/9/91 to the PEC, which also indicates the applicant is now requesting this amendment in order to allow the originally proposed expansion to proceed while being relieved of the utility undergrounding requirement. At the time of the amendment, the applicants, Glen Lyon Office Building (GLOB) would have been responsible for $15,000 of the expense to underground the utilities. Holy Cross Electric had committed to the remainder of the expense of $210,000 based on the proposed development for the project which included the Brewery, but that part of the project has been delayed and Holy Cross Electric is now unable to meet their original commitment. As a result, the applicants would now be required to pay $35,000 in order to underground the lines, an expense they are unable to meet. The applicants had now come back for another amendment so they would not be required to pay that amount to underground the utilities. After discussion which established this ordinance does not involve Holy Cross Electric and their original commitment toward the project, but is between SDD#4 and the Town of Vail only, Peggy Osterfoss moved to approve Ordinance No. 28 as presented with conditions directing Staff to begin negotiations with Holy Cross Electric and other property owners in the area to resolve the undergrounding of utilities as soon as possible, that Staff's negotiations with Holy Cross and/or the other property owners involved include working out fair allocation of the costs, and that the 1.60 of the proposed cost of undergrounding the utilities on GLOB property be held as cash by the Town of Vail. Merv Lapin seconded the motion. A vote was taken and the motion passed unanimously, 6-0. Item No. 6 was Resolution No. 16, Series of 1991, a resolution authorizing the Town Council of the Town of Vail, Colorado, to evaluate all its options in an effort to protect the public interest of the Town in the continuation of the Vail ski area and its effective and proficient management. Mayor Rose read the title in full. Merv Lapin moved to approve Resolution No. 16, with a second coming from Tom Steinberg. Before a final vote was taken, Douglas M. Tisdale, General Bankruptcy Counsel for Gillett Holdings, Inc., spoke on behalf of Gillett Holdings to state. He noted they welcome the opportunity to expand on any dialogue between GHI and the Town of Vail. A vote was taken and the motion passed unanimously, 6-0. Item No. 7 on the agenda was Resolution No. 17, Series of 1991, a resolution authorizing the Town Manager or his agent to enter into negotiations for a contract to construct municipal offices within "the old post office bu_Llding". Mayor Rose read the title in full. Larry Eskwith explained that passage of this resolution would allow the Town to enter into negotiations for a construction contract that would not go out through the public bid process. The primary purpose of proceeding in this manner is to avoid additional expenses of approximately $9,000 in working drawings which would be required to go out with bid documents and other requirements of the bid process. Jim Gibson moved to approve Resolution No. 17 with the stipulation that advertising is done first in all three (3) local papers for a reasonable enough period of time so all interested contractors would have an opportunity to respond to it. Tom Steinberg second the motion. A vote was taken and the motion passed unanimously, 6-0. Item No. 8 on the agenda was Resolution No. 18, Series of 1991, a resolution authorizing the Town Manager or his agent to enter into negotiations for a contract to construct an irrigation connection at the Vail Transportation Center. Mayor Rose read the title in full. Peggy Osterfoss moved to approve Resolution No. 18 requesting contractors will be contacted within a reasonable enough period of time so all interested contractors would have an opportunity to respond, with a second coming from Merv Lapin. A vote was taken and the motion passed unanimously, 6- 0. Item No. 9 on the agenda was a call up of the DRB decision approving a modified landscape plan for the Gasthof Gramshammer. (Applicant: Sheika Gramshammer) Andrew Knudtsen asked Council to table this item. Rob Levine moved to table this call up for not more than thirty (30) days from the date of call-up, with a second coming from Merv Lapin. A vote was taken and the motion passed unanimously, 6-0. Item No. 10 on the agenda was a call up of the DRB approval of McDonald's repaint of their roof beams from off-white to yellow. (Applicant: Hugh Schmidt) Andrew Knudtsen advised that the beams on the roof at 2 McDonald's had been painted yellow without a DRB application having been submitted. Staff contacted Mr. Schmidt, and requested he submit a DRB application, which he did after the fact. DRB approved the color change. Mr. Schmidt spoke briefly, stating he has the roof beams painted annually. He proposed to Council it be left as it is now and it will be repainted off-white again next Spring. Kent pointed out that precedent problems could arise from a situation of this nature. Merv Lapin moved to deny the DRB approval of McDonald's repaint of their roof beams from off-white to yellow, and the applicant may have until December 1, 1991, to return the beams to the originally approved color. Tom Steinberg seconded the motion. A vote was taken and the motion passed 5-l, Rob Levine opposed. There being no further business; Mayor Rose moved to adjourn the meeting at 8:40 P.M. Respectfully submitted, Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Dorianne S. Deto C:\MINS.820 3 3~9/ s ORDINANCE NO. 25, Series of 1991 AN ORDINANCE REPEALING,AND REENACTING CHAPTER 15.02; ADOPTING BY, REFERENCE THE 1991 EDITIONS OF THE. UNIFORM BUILDING CODE, THE UNIFORM MECHANICAL CODE, THE UNIFORM FIRE CODE, THE UNIFORM PLUMBING CODE, THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, THE UNIFORM BUILDING CODE STANDARDS, THE UNIFORM FIRE CODE STANDARDS, AND THE 1990 EDITION OF THE NATIONAL ELECTRIC CODE; SETTING.,FORTH CERTAIN AMENDMENTS TO THE UNIFORM BUILDING CODE, THE UNIFORM MECHANICAL CODE, THE UNIFORM FIRE CODE, AND THE NATIONAL ELECTRIC CODE; AND REPEALING CHAPTERS 15.08 BUILDING PERMITS - .REVIEW PROCEDURE, 15.28 WATER. CLOSET SPECIFICATIONS, AND 15.32 MODEL ENERGY EFFICIENCY CONSTRUCTION STANDARDS; AND AMENDING SECTION 15.36.010 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the 1991 editions of the Uniform Building Code, Uniform Mechanical Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Code for the Abatement of Dangerous Buildings, Uniform Building Code Standards, Uniform Fire Code Standards, and the 1990 edition of the National Electric Code have all been published; and WHEREAS, the Town of Vail wishes to adopt the most recent additions of these Uniform Codes; and WHEREAS, Chapter 15.08 Building Permits -Review Procedure provides for review of all building permits by the Town Council; and WHEREAS, reviews are presently done by the Chief Building Official; and WHEREAS, Chapters 15.08, 15.28, and 15.32 are presently obsolete. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. Chapter 15.02 of the Municipal Code of the Town of Vail is hereby repealed and reenacted to read as follows: Chapter 15.02 15.02.010 Preamble. The Charter of the Town of Vail and the statutes of the state of Colorado provide that standard codes may be adopted by reference with amendments; and the Town of Vail wishes to adopt the 1991 editions of the Uniform Building Code, the Uniform Mechanical Code, the Uniform Fire Code, the Uniform Code for the Abatement of Dangerous Buildings, the Uniform Codes for Uniform Building Code Standards, the Uniform Fire Code Standards, and the 1 1990 edition of the National Electric Code. ~ 15.02.020 Adoption by Reference. A. The 1991 edition of the Uniform Building Code and all appendix chapters thereto, excepting Appendix Chapter 12 is hereby adopted by reference. The Uniform Building Code, 1991 edition, is published by the International Conference of Building Officials, 5360 South Workmen Mill Road, Whittier, California 90601. B. The Uniform Fire Code, 1991 edition, and all appendix chapters thereto, is hereby adopted by reference. The Uniform Fire Code, 1991 edition, is published by the International Conference of Building Officials and The Western Fire Chiefs Association, 5360 S. Workmen Mill Road, Whittier, California 90601. C. The Uniform Mechanical Code, 1991 edition, and all appendix chapters thereto, is hereby adopted by reference. The Uniform Mechanical Code, 1991 edition, is published by the International Conference of Building Officials, 5360 S. Workmen Mill Road, Whittier, California 90601 and the International Association of Plumbing and Mechanical Officials, 20001 Walnut Drive South, Walnut, California 91789. D. The Uniform Plumbing Code, 1991 edition, and all appendix chapters thereto, is hereby adopted by reference. The Uniform Plumbing Code, 1991 edition, is published by the International Conference of Building Officials, 5360 S. Workmen Mill Road, Whittier, California 90601 and the International Association of Plumbing and Mechanical Officials, 20001 Walnut Drive South, Walnut, California 91789. E. The Uniform Code for the Abatement of Dangerous Buildings, 1991 edition, and all appendix chapters thereto, is hereby adopted by reference, The Uniform Code for the Abatement of Dangerous Buildings, 1991 edition, is published by the International Conference of Building Officials, 5360 S. Workmen Mill Road, Whittier, California 90601. F. The Uniform Building Code Standards, 1991 edition, and all appendix chapters thereto, is hereby adopted by reference. The Uniform Building Code Standards is ` published by the International Conference of Building Officials, 5360 S. Workmen Mill Road, Whittier, California 90601. G. The National Electric Code, 1990 edition, and all appendix chapters thereto, is hereby adopted by reference. The National Electric Code, 1990 edition, is published by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269. H. The Uniform Fire Code Standards, 1991 edition, and all appendix chapters 2 thereto, is hereby adopted by reference. The Uniform Fire Code Standards, 1991, edition, is published by the International Conference of Building Officials and the Western Fire Chiefs Association, 5360 S. Workmen Mill Road, Whittier, California 90601. 15.02.030 Amendments to Uniform Building Code. The following amendments are hereby made to the Uniform Building Code, 1991 edition: A. Chapter 1, Section 110(b) of the appendix of the Uniform Building Code, 1991 edition, is hereby amended to read as follows: 110(b) Effective Date. Within eighteen (18) months after notification by a building official of the Town of Vail, the plans for compliance shall be submitted and approved, and within eighteen (18) months thereafter the work shall be completed or the building shall be vacated until made to conform. B. Section 202(d) Stop Work Orders is hereby amended to read as follows: 202(d) Stop Orders. Whenever any work is being done contrary to the provisions of this code, the zoning ordinances of the Town of Vail, subdivision ordinances of the Town of Vail, the nuisance ordinances of the Town of Vail, or any other ordinances of the Town of Vail, the building official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the building official to proceed with the work. C. Section 304(b) and (c) are hereby repealed and reenacted to read as follows: 304(b) Valuation. The valuation for a building permit shall be based on the average cost figures per square foot shown in the building valuation data chart published bi-monthly in the Building Standards Magazine of the International Conference of Building Officials, a copy of which shall be on file in the Community Development Department of the Town with the following modifiers, or on the actual cost of construction, whichever is greater. 3 CONSTRUCTION ZONES ZONE & TITLE MODIFIERS $PER SQ FT. IDENTIFICATION ZONE #1 1. Matterhorn 1.0 Matterhorn Village, Vail Village West 1st & 2nd, Donovan Pk, West Vail Exit to Coldstream south of freeway. 1. Intermountain 1.0 From West Vail Exit west on south side of freeway. 1. West Vail 1.0 Vail Ridge, Vail Das Schone 1st, 2nd, & 3rd, Vail Heights, Buffer Creek Rd. west on north side of freeway. ZONE #2 2. East Vail 1.2 East of East Vail Exit. Includes all Bighorn Subs, Puking Creek Meadows, .Gore Creek Sub, and Vail Meadows. 2. The Valley 1.2 Lions Ridge 3rd & upper sections of upper sections of Lions Ridge 4th, Casolar, The Valley, Cliffside. 2. Lions Ridge 1.2 Part of Lionsridge 1st and 2nd. East Buffer Cr. Rd. to Vail View. 2. Sandstone 1.2 East of Vail View Dr. ABC School. Dr. including Vail Run. ZONE #3 3. Potato Patch 1.7 From Potato Patch Club north. 3. Booth Creek 1.7 Vail Village 11th, 12th, & 13th, Vail Mtn. School. Booth Creek area both north & south of freeway. 3. Golf Course 1.7 Vail Valley 1st, 3rd & 4th, Vail Village 7th, 8th, & 9th, Northwoods and Pinos del Norte 3. Village Area 1.7 Vail Village 1st, 4th, & 5th. East of Vail Road to Gold Park. 3. Glen Lyon 1.7 Glen Lyon Sub. & Cascade Village up S. Frontage road to V.A. Maint. Shop. 3. Lyons Head 1.7 Vail Village 2nd, Vail Lionshead 1st, 3rd, 4th & part of 2nd. Lionshead parking structure to West Day lot. ZONE #4 4. West Meadow 2.6 Vail Village 3rd & 6th. Part of Vail Beaver Dam Area Lionshead 2nd, TOV Offices to residences adjacent to Vail Mountain. 4. Spraddle Creek 2.6 North of Freeway to new subdivision. 4 304(c) Construction Fee Schedule. The construction fee schedule for the Town of Vail shall be as follows: 15.02.040 Amendments to Uniform Fire Code. The following amendments are made to the Uniform Fire Code, 1991 edition: A. Article 14 of the Uniform Fire Code is hereby amended by the addition of Section 14.111 to read as follows: 1. Definitions a) ALARM SIGNAL is an audible or visual signal or other indicating the existence of an emergency fire condition. Audible devices may be horns, chimes, speakers or similar devices. Voice alarms and pre-recorded messages shall be approved by the Chief. Sound pressure level of fire evacuation signals shall be no less than 15dbA above ambient noise levels of 5dbA above the maximum noise level lasting 60 seconds or more. b) ALARM SYSTEM is a combination of approved compatible devices with the necessary electrical inter-connections and energy to detect and produce an alarm signal in the event of system activation. An alarm system shall be installed in an approved manner and shall conform to the following standards with respect to the type of fire alarm system; 1. Uniform Fire Code Standards 14-1, 14-2, and 14-3, 1991 edition, UBC Standard 38-1, 1991 edition; 2. National Fire Protection Association (N.F.P.A.) Standard 72-1990, Standard for the Installation, Maintenance and Use of Protective Signaling Systems; 3. N.F.P.A. 74-1989, Household Fire Warning Systems; 4. N.F.P.A. 72E-1990, Automatic Fire Detectors; 5. N.F.P.A. 71-1989, Central Station Signaling Systems; 6. N.F.P.A. 90A-1989, Air Conditioning and Ventilation Systems; 7. N.F.P.A. 90B-1989, Warm Air Heating and Conditioning Systems; 8. N.F.P.A. 13-1989, Sprinkler Systems, and 13D-1989, 13R-1989; 9. N.F.P.A. 14-1990, Standpike Systems; 10. N.F.P.A. 96-1991, Removal of Smoke and Grease-Laden Vapors from Commercial Cooking Equipment; 11. N.F.P.A. 101-1991, Life Safety Code; 12. Uniform Building Code, Section 1807, 1991 edition. 5 2. REQUIRED INSTALLATIONS ~ a) Every hotel, motel, apartment building, condominium building and commercial building with attached residential occupancies, having Z or more stores, with more than 11 units, classified under the Uniform Building Code, 1991 edition, as Group A-1, A-2, A-2.1, A-3, A-4, B-2 or R-1, shall have a fire alarm system installed in accordance with Uniform Building Code Standards 1990 edition, and in accordance with Uniform Fire Code Standards, N.F.P.A. 72, 1990 edition, and 72-E. 1. Double action manual fire alarm pull stations shall be installed at each level of each egress, behind the bar in drinking establishments, at the front desk of a hotel and at locations required by the Chief. 2. Interior common corridors shall be equipped with system smoke detectors complying with U.L. 268, installed as per the listed spacing requirements. 3. All common public areas shall be equipped with system smoke detectors complying with U.L. 268, installed as per the listed spacing requirements. EXCEPTION: AREAS NOT SUITABLE FOR SMOKE DETECTORS SHALL BE PROTECTED BY HEAT ACTUATED DEVICES OR EQUIVALENT DEVICES. 4. Each sleeping room shall have a smoke detector complying with either U.L. 268 or U.L. 217 installed as per N.F.P.A. 72-E. 5. Audible alarm signals shall be annunciated to all portions of the building upon activation of any manual or automatic fire detector. EXCEPTION: WITH PERMISSION OF THE CHIEF, ALARM SIGNALS MAY BE INITIALLY ANNUNCIATED TO PORTIONS OF A BUILDING PROVIDED THAT THE FIRE ALARM CONTROL PANEL IS EQUIPPED SO AS TO ALLOW THE ANNUNCIATION OF A FIRE ALARM SIGNAL TO THE ENTIRE BUILDING BY MANUAL ACTIVATION. 6. An approved voice communication system of equivalent telephone communication system shall be installed so as to enable the fire department to automatically or manually give verbal instructions to occupants of the building by selected, zones and by general alert. EXCEPTION: OCCUPANCIES WITH COMBINED OCCUPANT LOADS OF LESS THAN 500 PERSONS. b) Basement occupancies classified as Group A-1, A-2, A-2.1, A-3, A-4, B-2 or R-1, under the Uniform Building Code, 1991 edition, with an occupant load of 100 persons or more, shall have a fire alarm system installed in accordance with Uniform Fire Code Standards 6 14-1, 14-2, and 14-3. Occupancies not intended residential usage may be equipped with heat detectors, manual fire alarm pull stations, and fire alarm signal devices. c) Occupancies such as nightclubs, discos, dining and drinking establishments with live music, recorded music or other similar sound producing equipment shall have an alarm actuated shunt-trip to disconnect the source of music amplification, when the building is equipped with a fire alarm system. d) Buildings classified as R-1 or with residential occupancies in Group A-1, A-2, A-2.1, A-3, A-4 or B-2, 4 stories or more, shall be equipped with a fire alarm system in accordance with Uniform Fire Code Standards 14-1, 14-2, 14-3. e) Buildings under remodel where the fire or occupant load is increased, located in Commercial Core 1, 2, or 3, shall have a fire alarm system installed in accordance with Uniform Fire Code Standards 14-1, 14-2, 14-3. f) Structures six stories or more, but below 75 feet in height, that do not provide fire department vehicular access within 20 feet of 50% of the exterior perimeter, including access to at least one side of the highest portion of the building, shall have a fire alarm system installed in accordance with Uniform Building Code, 1991 edition, Section 1807, Uniform Building Code Standard 18-1, Uniform Fire Code Standards 14-1, 14-2, 14-3. 3. APPEALS Appeals from Section 14.111 relating to the suitability and numbers of devices required pursuant hereto and interpretations of the provisions thereof shall be made to the Board of Appeals established by Section 2.303 of the Uniform Fire Code, 1991 edition. 4. APPLICATION A. The provisions of this section shall apply to existing conditions as well as to conditions arising after the adoption hereof except that in regard to existing buildings the following procedures shall apply: Within 18 months of the effective date of this ordinance, plans for compliance shall be submitted to the Dire Department for approval. Within 36 months after ` effective date of this ordinance, the work shall be completed and a letter of certification from the alarm manufacturer, the equipment supplier, the installing contractor or owner, stating that the requirements of this ordinance have been met and that the equipment has been installed as per the manufacturers specifications and that all equipment installed under this ordinance has been tested and is operable, shall be submitted to the Fire Department. 7 B. Section 2.105 is hereby amended to read as follows: 2.105 The Chief and members of the fire prevention bureau shall have the powers of a peace officer in performing their duties under this code. C. Section 2.106 is hereby amended to read as follows: 2.106 When requested to do so by the Chief, the Chief of Police may assign such available peace officers as may be necessary to assist the Fire Department in enforcing the provisions of this code. D. Section 2.107 is hereby amended to read as follows: 2.107 Whenever necessary to make a fire prevention inspection to enforce any of the provisions of this code, or whenever the Chief has reasonable cause to believe that there exists in any building or upon any premises any condition which makes such building or premises unsafe, the Chief may enter such building or premises at all reasonable times to inspect the same or to perform any duty authorized by this code, provided that if such building or premises be occupied, the Chief shall first present proper credentials and demand entry; and if such building or premises be unoccupied, the Chief shall make a reasonable effort to locate the owner or other person having charge or control of the building or premises and demand entry. If such entry is refused, the Chief shall have recourse to every remedy provided by law to secure entry. If the owner or occupant denies entry, the Chief is authorized to obtain a proper inspection warrant or other remedy provided by law to secure entry. Owners, occupants, or other persons having charge, care, or control of any building or premises shall, after proper request is made as herein provided promptly permit entry therein by the Chief for the purpose of fire prevention inspection and examination pursuant to this code. For the purposes of this section, the term "Chief" shall include the chief - officer of the Fire Department serving the jurisdiction and the officers named in Sections 2.104, 2.105, and 2.106 of this code. E. Section 2.205(c) is hereby amended to read as follows: 2.205(c) Stopping Uses, Evacuation. The Chief is authorized to order an operation or use stopped, or the evacuation of any premises, building, vehicle, or portion thereof which has or is a fire hazard, or 8 unsafe building, or which is dangerous to human life. F. Section 2.205(b) is hereby amended to read as follows: 2.205(b) Unsafe Heating or Electric Equipment and Structural Hazards When the Chief deems any chimney, smokestack, stove, oven, incinerator, furnace, or other heating device, electric fixture, or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure, or premises not specifically mentioned in this code, to be defective or unsafe so as to create a hazard, the Chief is authorized to serve upon the owner or the person having control of the property a written notice to repair or alter as necessary and shall notify any other authority enforcing codes regulating such equipment. The Chief is authorized to fix a hazard tag prohibiting the use thereof until such repairs or alterations are made. When affixed, such tag may be removed only by the order of the Chief and may be removed only when the hazard to which the order pertains has been eliminated in an improved manner. Until removed, that item or device which has caused the hazard shall not be used or be permitted to be used. When an apparent structural hazard is caused by the faulty installation, operation, or malfunction of any of the items or devices listed in this subsection, the Chief shall immediately notify the building official to investigate such hazard and cause such hazard to be abated as required by the Building Code. G. Section 10.203 is hereby amended to read as follows: 10.203 Fire Apparatus Access Routes Fire apparatus access routes shall be provided for every facility, building, or portion of the building hereafter constructed or moved into or within the jurisdiction when any portion of the facility or any portion of an exterior wall on the first story of the building is located more than one hundred fifty (150) feet from fire apparatus, access measured by an approved route upon the exterior of the building or facility. Access to structures more than three stories above grade at any point on the exterior perimeter, shall be provided to within twenty (20) feet of the exterior of the building from the public right away or an approved Fire Department access road. Approved access shall extend to fifty percent (50%) of the exterior perimeter of the building including the highest point of habitable floor area. Buildings not meeting minimum access requirements shall be subject to the requirements set forth in section 10.501(b) of this code. Exceptions: 1. When buildings are completely protected within approved automatic 9 fire sprinkler system, the provisions of this section may be modified by the Chief. 2. When access roads can not be installed due to topography, waterways, non-negotiable grades, or other similar conditions, the Chief is authorized to require additional fire protection as specified in section 10.501(b). 3. When there are not more than two Group R, Division 3 or Group M occupancies, the requirements of this section may be modified, provided in the opinion of the Chief, firefighting or rescue operations would not be impaired. 4. More than one fire apparatus road shall be provided when it is determined by the Chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access. 5. For high piled combustionable storage, see section 81.109(a). 6. For open yard storage, see section 30.102. 7. For hazardous materials, see article 80. 8. For fire safety during construction, alteration, or demolition of a building, see section 87.103(b). H. Section 10.602 is hereby amended by the addition of subparagraph (e) to read as follows: 10.602(e) Identification All fire doors, electrical rooms, mechanical rooms, and stairs shall be identified by labels or signs. I. Section 11.403 is hereby amended to read as follows: 11.403 Above ground gas meters, regulators, and piping shall be protected from damage by ice or snow, and if exposed to vehicular damage due to proximity to alleys, driveways, or parking areas, shall be protected from such damage in an approved manner. J. Section 25 is hereby amended by the addition of Section 25.118 to ' read as follows: 25.118 Standing Room Only Prohibited Lessees, owners, managers, promoters, their employees or agents shall not advertise, allow the sale of, or otherwise permit standing room only access or tickets to be sold at indoor or outdoor concerts, meetings, or other assemblies. The use of cross aisles shall be restricted to egress and access only and shall not be utilized for standing at any such concert, 10 meeting, or other assembly. The use of the area between the front row of seating and the stage, bandstand, security barrier, or other similar physical barrier shall not be permitted to be used for standing room. 15.02.050 Amendments to the National Electrical Code The following amendments are hereby made to National Electrical Code, 1990 edition: A. All electrical wiring in Groups A, B, E, I, and H occupancies as defined in the Uniform Building Code, shall be encased in conduits, raceways, or an approved armor. All wiring in Group R shall be encased in metal conduits, raceways, or in approved armor to the circuit breaker box for each unit. No aluminum wire or copper clad aluminum wire smaller than size 8 will be permitted within the Town. B. Persons engaged in the installation of remote control, low energy power, and signal circuits as defined in article 725 and 760 of this code, need not be licensed themselves pursuant to Title 1.2, article 23, Colorado Revised Statutes, nor work under the supervision of such licensed electricians; however, all such persons shall register with the State Electrical Board. Proof of registration shall be produced by the registrant to the Town of Vail Building Official. C. All such installations of remote control, low energy power and signal systems are subject to the permit and inspection set forth in 12-23-116 C.R.S. Accordingly, all installations of remote control, low energy power and signal systems must be performed in accordance with the minimum standards set forth in the National Electrical Code. 15.02.060 Copies of Code Available Copies of all the codes adopted by this chapter and all amendments thereto shall be available for inspection at the office of the Town Clerk of the Town of Vail, Colorado. 15.02.090 Penalties A. Any person who violates any of the provisions of the codes adopted by this ordinance or fail to comply therewith, or who violate or fails to comply with any order made thereunder, or who builds in violation of any detailed statements, specifications, or plans submitted and approved thereunder, or any certificate or permit issued thereunder, or within the time fixed therein shall be guilty of a misdemeanor and punishable by a fine not to exceed one thousand ($1,000.00) dollars or by imprisonment for not more than ninety (90) days or by both 11 such fine and imprisonment. The imposition of a penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violation or defects within a reasonable time, and each day that the prohibited conditions are maintained shall constitute a separate offense. B. The Town may maintain an action for damages, declaratory relief, specific performance, injunction, or any other appropriate relief in the District Court in and for the County of Eagle for any violation of any of the provisions of this chapter. 2. Chapter 15.08 Building Permits -Review Procedure Building permits -review procedure is hereby repealed. 3. Chapter 15.28 Water Closet Specifications Water closet specifications is hereby repealed. 4. Chapter 15.32 Model Energy Efficiency Construction Standards Model energy efficiency construction standards is hereby repealed. 5. Section 15.36.010 of the Municipal Code of the Town of Vail is hereby amended to read as follows: 15.36.010 Designation -Criteria For the purposes of Section 104(f) of the 1991 edition of the Uniform Building Code, if a building or structure within the Town of Vail shall be designated as having special historical or architectural significance and such building or structure meets the following criteria; 1. It has been in existence for at least fifty (50) years. 2. It has importance in the history, architecture, archeology, or culture of the Town of Vail as determined by the Planning and Environment Commission. 5. 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. 6. 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. 7. The repeal or the repeal and reenactment of any provision of the Municipal Code 12 t of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 8. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extend only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ AND APPROVED ON FIRST READING this 6th day of August, 1991, and a public hearing shall be held on this Ordinance on the 3rd day of September, 1991, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 6th day of August, 1991. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ, AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1991. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk C:\ORD.25 13 J PUBLIC NOTICE To be published in THE VAIL TRAIL August 16 and 23, 1991. PUBLIC NOTICE IS HEREBY GIVEN that pursuant to COLORADO REVISED STATUTES 31-16-203, a public hearing for the consideration of Ordinance No. 25, Series of 1991, AN ORDINANCE REPEALING AND REENACTING CHAPTER 15.02; ADOPTING BY REFERENCE THE 1991 EDITIONS OF THE UNIFORM BUILDING CODE, THE UNIFORM MECHANICAL CODE, THE UNIFORM FIRE CODE, THE UNIFORM PLUMBING CODE, THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, THE UNIFORM BUILDING CODE STANDARDS, THE UNIFORM FIRE CODE STANDARDS, AND THE 1990 EDITION OF THE NATIONAL ELECTRIC CODE; SETTING FORTH CERTAIN AMENDMENTS TO THE UNIFORM BUILDING CODE, THE UNIFORM MECHANICAL CODE, THE UNIFORM FIRE CODE, AND THE NATIONAL ELE~•rxlC CODE; OF THE MUNICIPAL CODE OF THE TOWN OF VAIL; AND SETTING FORTH DETAILS IN REGARD THERETO, will be held on Tuesday, September 3, 1991, at the regular meeting of the Vail Town Council at 7:30 P.M., in the Council Chambers of the . Vail Municipal Building, Vail, Colorado. The purpose of the primary codes being adopted is to regulate construction practices within the Town of Vail, and the subject matter of the primary codes are regulations relating to construction practices within the Town of Vail. The Uniform Building Code, Uniform Code for the Abatement of Dangerous Buildings, and the Uniform Building Code Standards are published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601. The Uniform Fire Code and the Uniform Fire Code Standards are published by the International Conference of Building Officials and the Western Fire Chiefs Association, 5360 South Workman Mill Road, Whittier, California 90601. The Uniform Mechanical Code is published by the International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials, 5360 South Workman Mill Road, Whittier, California 90601. The Uniform Plumbing Code is published by the International Association of Plumbing and Mechanical Officials, 20001 Walnut Drive South, Walnut, California 91789. The National Electrical Code is published by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269. Ordinance 25, Series of 1991, was published in full in THE VAIL TRAIL on Friday, August 9, 1991. Copies of codes considered for adoption by this Ordinance are on file in the Office of the Town Clerk and are open to inspection. - TOWN OF VAIL ' it.~~ Pamela A. Brandmeyer Town Clerk ~ ORDINANCE NO. 25, Series of 1991 AN ORDINANCE REPEALING AND REENACTING CHAPTER 15.02; DOPTING BY REFERENCE THE 1991 EDITIONS OF THE UNIFORM BUILDING' CODE, THE UNIFORM MECHANICAL CODE, THE UNIFORM FIRE CODE, THE UNIFORM PLUMBING,CODE, THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, THE UNIFORM BUILDING CODE STANDARDS, THE UNIFORM FIRE CODE STANDARDS, AND THE 1990 EDITION OF THE NATIONAL ELECTRIC CODE;~° SE G FORTH CERTAIN AMENDMENTS TO THE UNIFORM BUILDING CODE, THE UNIFORM MECHANICAL CODE, THE UNIFORM FIRE~CODE, AND THE. NATIONAL ELECTRIC CODE; AND REP LING CHAPTERS. 15.08 BUILDING PERMITS - RE IEW PROCEDURE, _ 15.28 WATER LOSET SPECIFICATIONS, AND 15.32 MODEL d NERGY EFFICIENCY CONST UCTION STANDARDS; AND AMENDING SE TION 15.36.010 THE MUNICIPAL CODE OF THE TOWN F VAIL; AN SETTING FORTH DETAILS IN REGA THERETO WHEREAS, the 199 editions of the Uniform Buil ng Code, Uniform Mechanical Code, Uniform Fire Code, Uniform P tubing Code, Uniform ode for the Abatement of Dangerous Buildings, Uniform Building Code tandards, Uniform ire Code Standards, and the 1990 edition of the National Electric Code have a~een publis ed; and WHEREAS, the Town of Vail wi es to opt the most recent additions of these Uniform Codes; and WHEREAS, Chapter 15.08 Building mits -Review Procedure provides for review of all building permits by the Town Council; a WHEREAS, reviews are prese ly done b the Chief Building Official; and WHEREAS, Chapters 15.08, 5.28, and 15. are presently obsolete. NOW, THEREFORE, BE IT ORDAINED BY T TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. Chapter 15.02 the Municipal Code of the own of Vail is hereby repealed and reenacted to read as follow Chanter 15.02 15.02.010 Prea ble. The Charter of the Town of Vail and the statutes of the state of Colorado provide that standa codes may be adopted by reference with amendments; and the Town of Vail wishes to adopt the 1991 editions of the Uniform Building Code, the Uniform Mechanical Code, the Uniform Fire Code, the Uniform Code for the Abatement of Dangerous Buildings, the Uniform Codes for Uniform Building Code Standards, the Uniform Fire Code Standards, and the 1990 edition of the National Electric Code. 1 R 15.02.020 Adoption by Reference. A. The 1991 edition of the Uniform Building Code and all appendix chapters thereto, excepting Appendix Chapter 12 is hereby adopted by reference. The Uniform Building Code, 1991 edition, is published by the International Conference of Building Officials, 5360 South Workmen Mill Road, Whittier, California 90601. B. The Uniform Fire Code, 1991 edition, and all appendix chapters thereto, is hereby adopted by reference. The Uniform Fire Code, 1991 edition, is published by the International Conference of Building Officials and The Western Fire Chiefs Association, 5360 S. Workmen Mill Road, Whittier, California 90601. C. The Uniform Mechanical Code, 1991 edition, and all appendix chapters thereto, is hereby adopted by reference. The Uniform Mechanical Code, 1991 edition, is published by the International Conference of Building Officials, 5360 S. Workmen Mill Road, Whittier, California 90601 and the International Association of Plumbing and Mechanical Officials, 20001 Walnut Drive South, Walnut, California 91789. D. The Uniform Plumbing Code, 1991 edition, and all appendix chapters thereto, is hereby adopted by reference. The Uniform Plumbing Code, 1991 edition, is published by the International Conference of Building Officials, 5360 S. Workmen Mill Road, Whittier, California 90601 and the International Association of Plumbing and Mechanical Officials, 20001 Walnut Drive South, Walnut, California 91789. E. The Uniform Code for the Abatement of Dangerous Buildings, 1991 edition, and all appendix chapters thereto, is hereby adopted by reference, The Uniform Code for the Abatement of Dangerous Buildings, 1991 edition, is published by the International Conference of Building Officials, 5360 S. Workmen Mill Road, Whittier, California 90601. F. The Uniform Building Code Standards, 1991 edition, and all appendix chapters thereto, is hereby adopted by reference. The Uniform Building Code Standards is published by the International Conference of Building Officials, 5360 S. Workmen Mill Road, Whittier, California 90601. G. The National Electric Code, 1990 edition, and all appendix chapters thereto, is hereby adopted by reference. The National Electric Code, 1990 edition, is published by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269. H. The Uniform Fire Code Standards, 1991 edition, and all appendix chapters thereto, is hereby adopted by reference. The Uniform Fire Code Standards, 1991 edition, is 2 published by the International Conference of Building Officials and the Western Fire Chiefs Association, 5360 S. Workmen Mill Road, Whittier, California 90601. 15.02.030 Amendments to Uniform Building Code. The following amendments are hereby made to the Uniform Building Code, 1991 edition: A. Chapter 1, Section 110(b) of the appendix of the Uniform Building Code, 1991 edition, is hereby amended to read as follows: 110(b) Effective Date. Within eighteen (18) months after notification by a building official of the Town of Vail, the plans for compliance shall be submitted and approved, and within eighteen (18) months thereafter the work shall be completed or the building shall be vacated until made to conform. B. Section 202(d) Stop Work Orders is hereby amended to read as follows: 202(d) Stop Orders. Whenever any work is being done contrary to the provisions of this code, the zoning ordinances of the Town of Vail, subdivision ordinances of the Town of Vail, the nuisance ordinances of the Town of Vail, or any other ordinances of the Town of Vail, the building official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the building official to proceed with the work. C. Section 304(b) and (c) are hereby repealed and reenacted to read as follows: 304(b) Valuation. The valuation for a building permit shall be based on the average cost figures per square foot shown in the building valuation data chart published bi-monthly in the Building Standards Magazine of the International Conference of Building Officials, a copy of which shall be on file in the Community Development Department of the Town with the following modifiers, or on the actual cost of construction, whichever is greater. 3 CONSTRUCTION ZONES ~w ZONE & TITLE MODIFIERS $PER SO FT. IDENTIFICATION ZONE #1 1. Matterhorn 1.0 Matterhorn Village, Vail Village West 1st & 2nd, Donovan Pk, West Vail Exit to Coldstream south of freeway. 1. Intermountain 1.0 From West Vail Exit west on south side of freeway. 1. West Vail 1.0 Vail Ridge, Vail Das Schone 1st, 2nd, & 3rd, Vail Heights, Buffer Creek Rd. west on north side of freeway. ZONE #2 2. East Vail 1.2 East of East Vail Exit. Includes all Bighorn Subs, Puking Creek Meadows, Gore Creek Sub, and Vail Meadows. 2. The Valley 1.2 Lions Ridge 3rd & upper sections of upper sections of Lions Ridge 4th, Casolar, The Valley, Cliffside. 2. Lions Ridge 1.2 Part of Lionsridge 1st and 2nd. East Buffer Cr. Rd. to Vail View. 2. Sandstone 1.2 East of Vail View Dr. ABC School. Dr. including Vail Run. ZONE #3 3. Potato Patch 1.7 From Potato Patch Club north. 3. Booth Creek 1.7 Vail Village 11th, 12th, & 13th, Vail Mtn. School. Booth Creek area both north & south of freeway. 3. Golf Course 1.7 Vail Valley 1st, 3rd & 4th, Vail Viilage 7th, 8th, & 9th, Northwoods and Pinos del Norte 3. Village Area 1.7 Vail Village 1st, 4th, & 5th. East of Vail Road to Gold Park. 3. Glen Lyon 1.7 Glen Lyon Sub. & Cascade Village up S. Frontage road to V.A. Maint. Shop. 3. Lyons Head 1.7 Vail Village 2nd, Vail Lionshead 1st, 3rd, 4th & part of 2nd. Lionshead parking structure to West Day lot. - ZONE #4 4. West Meadow 2.6 Vail Village 3rd & 6th. Part of Vail Beaver Dam Area Lionshead 2nd, TOV Offices to residences adjacent to Vail Mountain. 4. Spraddle Creek 2.6 North of Freeway to new subdivision. 304(c) Construction Fee Schedule. The construction fee schedule for the Town of Vail shall be as follows: 4 CONSTRUCTION FEE SCHEDULE UBC TABLE 3-A 1 BUILDING PERMIT FEES TOTAL VALUATION FEES ~ S 1.00 TO 5500 520.00 5501.00 TO 52,000.00 520.00 FOR THE FIRST 5500.00 PLUS 53.00 FOR EACH ADDITIONAL 5100.00 OR FRACTION THEREOF, TO AND INCLUDING 52,000.00 52,001.00 TO 525,000.00 565.00 FOR THE FIRST 52,000.00 PLUS 510.00 FOR EACH ADDITIONAL 51,000.00 OR FRACTION THEREOF, TO AND INCLUDING 525,000.00 525,001.00 TO 550,000.00 5315.00 FOR THE FIRST 525,000.00 PLUS 57.00 FOR EACH ADDITIONAL 31,000.00 OR FRACTION THEREOF, TO AND INCLUDING 550,000.00 350,000.0] TO 5100,000.00 5490.00 FOR THE FIRST 550,000.00 PLUS 55.00 FOR EACH ADDITIONAL 51,000.00 OR FRACTION THEREOF, TO AND INCLUDING 5100,000.00 5100,001.00 TO 5500,000.00 5740.00 FOR TIIE FIRST 5100,000.00 PLUS 54.00 FOR EACH ADDITIONAL 51,000.00 OR FRACTION THEREOF, TO AND INCLUDING 5500,000.00 5500,001.00 TO 51,000,000.00 5240,00 FOR THE FIRST 5500,000.00 PLUS 54.00 FOR EACH ADDITIONAL 51,000.00 OR FRACTION THEREOF, TO AND INCLUDING 51,000,000.00 51,000,001.00 AND UP 54,340.00 FOR THE FIRST 51,000,000.00 PLUS 53.00 FOR EACH ADDITIONAL 51,000.00 OR FRACI70N TI[EREOF. 2 U7'IlER 1NSI'EC'1'IUN b'EF:S: 1. INSPECTIONS OUTSIDE NORMAL BUSINESS HOURS (MINIMUM CHARGE TWO HOURS) 540.00 HR • 2. REINSPECTION FEE ASSESSED UNDER PROVLSIONS OF SECI•ION 305 (g) OF THE UBC. 540.00 HR • 3.INSPECTIONS FOR W}iICH NO FEE IS SPECIFICALLY INDICATED INCLUDEIIdG SPECIAL WSPECIIONS, STOP WORK ORDERS AND ZONING. 540.00 HR • • OR THE TOTAL HOURLY COST, WHICHEVER is THE GREATEST. THIS COST SHALL INCLUDE SUPERVISION, OVER}IFAD. EQUIPMENT, HOURLY WAGES AND FRINGE B17rtr„ y OF ALL EMPLOYEES INVOLVID. 3 PLAN REVIEW FEES UBC SEC.304 (C) BUILDING PLAN REVIEW FEE SHALL BE 6590 OF THE BUILTIING PERNITT' FEE. „ 4 PLAN REVIEW FEES UPC SEC,30.4 PLUMBING PLAN REVIEW FEE SHALL $E 2590 OF THE PLUMBING PERMIT FEE. 3 PLAN REVIEW FEES UMC SEC.304 (C) MECHANICAL PLAN REVIEW FEE SHALL BE 2590 OF THE MECHANICAL PERMIT FEE. 6 PLAN REVIF,N' FEES UIIC Sr;C. 304 (E) II~'VESTIGATION WI[ENEVER ANY WORK FOR WIQCII A PERMITS REQUIRID HAS COMMENCID WITHOUT FIRST OBTAINING SAID PERMi•I'. THE INVESTIGATION FEE S}iA11. BE EQUAL TO TIC AMOUNT OF T1LE BUILDING, PLUMBING, MECHANICAL, OR ELECTRICAL PERMIT FEE. ALL OTHER FEES SHALL BE IN ADDLT70N TO TILE INVESTIGATION FEE. 7 PLAN REVIEW FEES NOT IN CODE ADD TO FAST TRACK PLAN REVIEW FOR A PAST TRACK PERMIT, WREN PLANS ARE NOT TOTALLY COMPLETE SHALL PAY A PLAN REVIEW FEE EOUAL TO THE BUILDING PERMIT FEE. S PLAN REVIEW FEES NOT IN CODE AllD TO RESTAURANT FEE HEALTH DEPARTMENT PLAN REVIEW FOR KITCHENS SHALL BE A FLAT F 575.00 9 PLAN REVIEW FEES NOT IN CODE AUD TO PRECONSTRUCTION A FEE MAY BE CHARGID WHEN TIME SPENT' is uc, cnhIINED'PO BE EXCESSIVE BY THE BUILDING OFFICIAL MEETINGS (EXCESSIVE REVIEW IS OVER TWO Ivu-.n, uJGS OR FOUR }fOURSI 540.00 HR. • 10 PLAN REVIEW FEES NU'T' [N COUE ADD TU ADDITIONAL PLAN ADDITIONAL PLAN REVIEW REQUIRID BY CHANGES, ADDITIONS 540.00 HR. • REVIEW OR REVISIONS TO APPROVED PLANS. • OR THE TOTAL HOURLY COST, W}IICFIEVIJL IS THE GREATEST. 711IS COST SHALL INCLUDE SUPERVISION, OVERHEAD. EOUIPMENT~ HOURLY WAGES AND FRINGE BENEFIT'S OF ALL EMPLOYEES INVOLVED. 11 ELECTRICAL FEES NEC NEW RESIDENTIAL TIQS INCLUDES MODULAR HOMES, MOBILE HOMES AND TRAVELTRAILER, ALSO DUPLEXES FEES AND CONDOMINIUMS. (BASED ON ENCLOSID LIVIIdG AREA) NOT MORE THEN 1,000 SQUARE FEET 550.00 OVER 1,000 SQ. FT. AND NOT MORE THEN 1,500 SQ. FT. r72.0Q OVER 1,500 SQ. FT. AND NOT MORE THEN 2,000 SQ. FT. 589.00 PER l00 SQ. FT. IN EXCESS OF 2,000 SQ. FT. Sq,00 COMMERCIAL COMMERCIAL, AND ALL OTHER FEES, LNCLUDINO ADD, ALT, REP. AND SHALL BE COMPUTED ON FEES THE DOLLAR VALUE OFTHE ELECTRICAL LNSTAI.L17'ION, INCLUDING FDCI'URFS AND INSTALLATION COST TT{FREOF, AND SUCH FEE SHALL BE AS FOLLOWS: NOT MORE TI IF.N 5300.00 542.00 MORE THEN 5300.00 BUT NOT MORE TILEN 52,000.00 550.00 MORE THEN 52,000.00 BUT NOT MORE THEN 550,000.00 t:omrs~e~a{s4noaoov~u.uer~aaAUCnaNnsFxorapmru•vAt.uenow. - MORETHENSSO,000.OOBUT NOT MORE THENS500,000.00 pn~orm:e~ais},ooaooanraACrioxnmxaPapraru•vN.uAnaNVLwssr.oo MOBIl.E HOMES AND TRAVEL TRAII.ER PARKS PER SPACE 542,00 TEMPORARY POWER 550.00 REINSPECTIONS ON ALL OF THE ABOVE 542.00 12 PLUMBING PERMIT FEES UPC TABLE 3-A 515.00 PER 51,000.00 VALUATION. (VALUATION =5500.00 PER TRAP OPENING) 13 MECHANICAL PERMIT FEES UMC TABLE 3-A 520.00 PER 1,000.00 VALUATION. (VALUATION = 5500.00 PER OPENIIVG) 14 CLEAN-UP DEPOSIT VALUATION FEES 52.000.00 TO 525.000.00 S100.00 525,001.00 TO S 1 OO,000.00 5250.00 S i 00,001.00 TO 5500,000.00 5500.00 5500.001.00 TO 51,000,000.00 5750.00 OVE't 51,000,000.00 51,000.00 NOTE: EXCEPTION ON CLEAN-UP DEP(1STT5 • AIL. RE-ROOT•WO PROJECTS REQUIRE AT IFASTTHE hIINIMUM DEPOSIT. 4A M _ 15.02.040 Amendments to Uniform Fire Code. The following amendments are made to the Uniform Fire Code, 1991 edition: A. Article 14 of the Uniform Fire Code is hereby amended by the addition of Section 14.111 to read as follows: 1. Definitions a) ALARM SIGNAL is an audible or visual signal or other indicating the existence of an emergency fire condition. Audible devices may be horns, chimes, speakers or similar devices. Voice alarms and pre-recorded messages shall be approved by the Chief. Sound pressure level of fire evacuation signals shall be no less than 15dbA above ambient noise levels of 5dbA above the maximum noise level lasting 60 seconds or more. b) ALARM SYSTEM is a combination of approved compatible devices with the necessary electrical inter-connections and energy to detect and produce an alarm signal in the event of system activation. An alarm system shall be installed in an approved manner and shall conform to the following standards with respect to the type of fire alarm system; 1. Uniform Fire Code Standard 10-2, 1991 edition, as adopted by the Town of Vail Ordinance No. 17, Series of 1982, entitled "Use of Sprinkler and Fire Alarm Systems"; 2. National Fire Protection Association (N.F.P.A.) Standard 72A-1979, Standard for the Installation, Maintenance and Use of Local Protective Signaling Systems for Guard's Tour, Fire Alarm and Supervisory Service; 3. N.F.P.A. 726-1979, Auxiliary Protective Signaling Systems; 4. N.F.P.A. 72C-1982, Remote Station Signaling Systems; 5. N.F.P.A. 72D-1979, Proprietary Protective Signaling Systems; 6. N.F.P.A. 74-1980, Household Fire Warning Systems; 7. N.F.P.A. 72E-1978, Automatic Fire Detectors; 8. N.F.P.A. 71-1977, Central Station Signaling Systems; 9. N.F.P.A. 90A-1981, Air Conditioning and Ventilation Systems; 10. N.F.P.A. 906-1980, Warm Air Heating and Conditioning Systems; 11. N.F.P.A. 13-1980, Sprinkler Systems; 12. N.F.P.A. 14-1980, Standpike Systems; 13. N.F.P.A. 96-1980, Removal of Smoke and Grease-Laden Vapors from Commercial Cooking Equipment; 5 1 14. Uniform Building Code, Section 1807, 1991 edition. 2. REQUIRED INSTALLATIONS a) Every hotel, motel, apartment building, condominium building and commercial building with attached residential occupancies, having 3 or more stores, with more than 11 units, classified underthe Uniform Building Code, 1991 edition, as Group A-1, A-2, A-2.1, A-3, A-4, B-2 or R-1, shall have a fire alarm system installed in accordance with Uniform Building Code Standard 18-1, and in accordance with Uniform Fire Code Standard 10-2, N.F.P.A. 72-A, 72-E, and 726, C or D. 1. Double action manual fire alarm pull stations shall be installed at each level of each egress, behind the bar in drinking establishments, at the front desk of a hotel and at locations required by the Chief and N.F.P.A. 72-A. 2. Interior common corridors shall be equipped with system smoke detectors complying with U.L. 268, installed as per the listed spacing requirements. 3. All common public areas shall be equipped with system smoke detectors complying with U.L. 268, installed as per the listed spacing requirements. EXCEPTION: AREAS NOT SUITABLE FOR SMOKE DETECTORS SHALL BE PROTECTED BY HEAT ACTUATED DEVICES OR EQUIVALENT DEVICES. 4. Each sleeping room shall have a smoke detector complying with either U.L. 268 or U.L. 217 installed as per N.F.P.A. 72-E. 5. Audible alarm signals shall be annunciated to all portions of the building upon activation of any manual or automatic fire detector. EXCEPTION: WITH PERMISSION OF THE CHIEF, ALARM SIGNALS MAY BE INITIALLY ANNUNCIATED TO PORTIONS OF A BUILDING PROVIDED THAT THE FIRE ALARM CONTROL PANEL IS EQUIPPED SO AS TO ALLOW THE ANNUNCIATION OF A FIRE ALARM SIGNAL TO THE ENTIRE BUILDING BY MANUAL ACTIVATION. 6. An approved voice communication system of equivalent telephone communication system shall be installed so as to enable the fire department to automatically or manually give verbal instructions to occupants of the building by selected zones and by general alert. EXCEPTION: OCCUPANCIES WITH COMBINED OCCUPANT LOADS OF LESS THAN 500 PERSONS. b) Basement occupancies classified as Group A-1, A-2, A-2.1, A-3, A-4, B-2 or R-1, under the Uniform Building Code, 1991 edition, with an occupant load of 100 persons 6 or more, shall have a fire alarm system installed in accordance with Uniform Fire Code Standard 10-2. Occupancies not intended residential usage may be equipped with heat detectors, manual fire alarm pull stations, and fire alarm signal devices. c) Occupancies such as nightclubs, discos, dining and drinking establishments with live music, recorded music or other similar sound producing equipment shall have an alarm actuated shunt-trip to disconnect the source of music amplification, when the building is equipped with a fire alarm system. d) Buildings classified as R-1 or with residential occupancies in Group A-1, A-2, A-2.1, A-3, A-4 or B-2, 4 stories or more, shall be equipped with a fire alarm system in accordance with Uniform Fire Code Standard 10-2. e) Buildings under remodel where the fire or occupant load is increased, located in Commercial Core 1, 2, or 3, shall have a fire alarm system installed in accordance with Uniform Fire Code Standard 10-2. f) Structures six stories or more, but below 75 feet in height, that do not provide fire department vehicular access within 20 feet of 50% of the exterior perimeter, including access to at least one side of the highest portion of the building, shall have a fire alarm system installed in accordance with Uniform Building Code, 1991 edition, Section 1807, Uniform Building Code Standard 18-1, Uniform Fire Code Standard 10-2. 3. APPEALS Appeals from Section 114.11 relating to the suitability and numbers of devices required pursuant hereto and interpretations of the provisions thereof shall be made to the Board of Appeals established by Section 2.303 of the Uniform Fire Code, 1991 edition. 4. APPLICATION A. The provisions of this section shall apply to existing conditions as well as to conditions arising after the adoption hereof except that in regard to existing buildings the following procedures shall apply: Within 18 months of the effective date of this ordinance, plans for compliance shall be submitted to the Dire Department for approval. Within 36 months after effective date of this ordinance, the work shall be completed and a letter of certification from the alarm manufacturer, the equipment supplier, the installing contractor or owner, stating that the requirements of this ordinance have been met and that the equipment has been installed as per the manufacturers specifications and that all equipment installed under this ordinance has been tested and is operable, shall be submitted to the Fire Department. 7 J B. Section 2.105 is hereby amended to read as follows: 2.105 The Chief and members of the fire prevention bureau shall have the powers of a peace officer in performing their duties under this code. C. Section 2.106 is hereby amended to read as follows: 2.106 When requested to do so by the Chief, the Chief of Police may assign such available peace officers as may be necessary to assist the Fire Department in enforcing the provisions of this code. D. Section 2.107 is hereby amended to read as follows: 2.107 Whenever necessary to make a fire prevention inspection to enforce any of the provisions of this code, or whenever the Chief has reasonable cause to believe that there exists in any building or upon any premises any condition which makes such building or premises unsafe, the Chief may enter such building or premises at all reasonable times to inspect the same or to perform any duty authorized by this code, provided that if such building or premises be occupied, the Chief shall first present proper credentials and demand entry; and if such building or premises be unoccupied, the Chief shall make a reasonable effort to locate the owner or other person having charge or control of the building or premises and demand entry. If such entry is refused, the Chief shall have recourse to every remedy provided by law to secure entry. If the owner or occupant denies entry, the Chief is authorized to obtain a proper inspection warrant or other remedy provided by law to secure entry. Owners, occupants, or other persons having charge, care, or control of any building or premises shall, after proper request is made as herein provided promptly permit entry therein by the Chief for the purpose of fire prevention inspection and examination pursuant to this code. For the purposes of this section, the term "Chief" shall include the chief officer of the Fire Department serving the jurisdiction and the officers named in Sections 2.104, 2.105, and 2.106 of this code. E. Section 2.205(c) is hereby amended to read as follows: 2.205(c) Stopping Uses, Evacuation. The Chief is authorized to order an operation or use stopped, or the evacuation of any premises, building, vehicle, or portion thereof which has or is a fire hazard, or 8 unsafe building, or which is dangerous to human life. r F. Section 2.205(b) is hereby amended to read as follows: 2.205(b) Unsafe Heating or Electric Equipment and Structural Hazards When the Chief deems any chimney, smokestack, stove, oven, incinerator, furnace, or other heating device, electric fixture, or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure, or premises not specifically mentioned in this code, to be defective or unsafe so as to create a hazard, the Chief is authorized to serve upon the owner or the person having control of the property a written notice to repair or alter as necessary and shall notify any other authority enforcing codes regulating such equipment. The Chief is authorized to fix a hazard tag prohibiting the use thereof until such repairs or alterations are made. When affixed, such tag may be removed only by the order of the Chief and may be removed only when the hazard to which the order pertains has been eliminated in an improved manner. Until removed, that item or device which has caused the hazard shall not be used or be permitted to be used. When an apparent structural hazard is caused by the faulty installation, operation, or malfunction of any of the items or devices listed in this subsection, the Chief shall immediately notify the building official to investigate such hazard and cause such hazard to be abated as required by the Building Code. G. Section 10.203 is hereby amended to read as follows: 10.203 Fire Apparatus Access Routes Fire apparatus access routes shall be provided for every facility, building, or portion of the building hereafter constructed or moved into or within the jurisdiction when any portion of the facility or any portion of an exterior wall on the first story of the building is located more than one hundred fifty (150) feet from fire apparatus, access measured by an approved route upon the exterior of the building or facility. Access to structures more than three stories above grade at any point on the exterior perimeter, shall be provided to within twenty (20) feet of the exterior of the building from the public right away or an approved Fire Department access road. Approved access shall extend to fifty percent (50%) of the exterior perimeter of the building including the highest point of habitable floor area. Buildings not meeting minimum access requirements shall be subject to the requirements set forth in section 10.501(b) of this code. Exceptions: 1. When buildings are completely protected within approved automatic 9 _ fire sprinkler system, the provisions of this section may be modified by the Chief. 2. When access roads can not be installed due to topography, waterways, non-negotiable grades, or other similar conditions, the Chief is authorized to require additional fire protection as specified in section 10.501(b). 3. When there are not more than two Group R, Division 3 or Group M occupancies, the requirements of this section may be modified, provided in the opinion of the Chief, firefighting or rescue operations would not be impaired. 4. More than one fire apparatus road shall be provided when it is determined by the Chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access. 5. For high piled combustionable storage, see section 81.109(a). 6. For open yard storage, see section 30.102. 7. For hazardous materials, see article 80. 8. For fire safety during construction, alteration, or demolition of a building, see section 87.103(b). H. Section 10.602 is hereby amended by the addition of subparagraph (e) to read as follows: 10.602(e) Identification All fire doors, electrical rooms, mechanical rooms, and stairs shall be identified by labels or signs. I. Section 11.403 is hereby amended to read as follows: 11.403 Above ground gas meters, regulators, and piping shall be protected from damage by ice or snow, and if exposed to vehicular damage due to proximity to alleys, driveways, or parking areas, shall be protected from such damage in an approved manner. J. Section 25 is hereby amended by the addition of Section 25.118 to read as follows: 25.118 Standing Room Only Prohibited Lessees, owners, managers, promoters, their employees or agents shall not advertise, allow the sale of, or otherwise permit standing room only access or tickets to be sold at indoor or outdoor concerts, meetings, or other assemblies. The use of cross aisles shall be restricted to egress and access only and shall not be utilized for standing at any such concert, 10 meeting, or other assembly. The use of the area between the front row of seating and the stage, - bandstand, security barrier, or other similar physical barrier shall not be permitted to be used for standing room. 15.02.050 Amendments to the National Electrical Code The following amendments are hereby made to National Electrical Code, 1990 edition: A. All electrical wiring in Groups A, B, E, I, and H occupancies as defined in the Uniform Building Code, shall be encased in conduits, raceways, or an approved armor. All wiring in Group R shall be encased in metal conduits, raceways, or in approved armor to the circuit breaker box for each unit. No aluminum wire or copper clad aluminum wire smaller than size 8 will be permitted within the Town. B. Persons engaged in the installation of remote control, low energy power, and signal circuits as defined in article 725 and 760 of this code, need not be licensed themselves pursuant to Title 12, article 23, Colorado Revised Statutes, nor work under the supervision of such licensed electricians; however, all such persons shall register with the State Electrical Board. Proof of registration shall be produced by the registrant to the Town of Vail Building Official. C. All such installations of remote control, low energy power and signal systems are subject to the permit and inspection set forth in 12-23-116 C.R.S. Accordingly, all installations of remote control, low energy power and signal systems must be performed in accordance with the minimum standards set forth in the National Electrical Code. 15.02.060 Copies of Code Available Copies of all the codes adopted by this chapter and all amendments thereto shall be available for inspection at the office of the Town Clerk of the Town of Vail, Colorado. 15.02.090 Penalties A. Any person who violates any of the provisions of the codes adopted by this ordinance or fail to comply therewith, or who violate or fails to comply with any order made thereunder, or who builds in violation of any detailed statements, specifications, or plans submitted and approved thereunder, or any certificate or permit issued thereunder, or within the time fixed therein shall be guilty of a misdemeanor and punishable by a fine not to exceed one thousand ($1,000.00) dollars or by imprisonment for not more than ninety (90) days or by both 11 i such fine and imprisonment. The imposition of a penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violation or defects within a reasonable time, and each day that the prohibited conditions are maintained shall constitute a separate offense. B. The Town may maintain an action for damages, declaratory relief, specific performance, injunction, or any other appropriate relief in the District Court in and for the County of Eagle for any violation of any of the provisions of this chapter. 2. Chapter 15.08 Building Permits -Review Procedure Building permits -review procedure is hereby repealed. 3. Chapter 15.28 Water Closet Specifications Water closet specifications is hereby repealed. 4. Chapter 15.32 Model Energy Efficiency Construction Standards Model energy efficiency construction standards is hereby repealed. . 5. Section 15.36.010 of the Municipal Code of the Town of Vail is hereby amended to read as follows: 15.36.010 Designation -Criteria For the purposes of Section 104(f) of the 1991 edition of the Uniform Building Code, if a building or structure within the Town of Vail shall be designated as having special historical or architectural significance and such building or structure meets the following criteria; 1. It has been in existence for at least fifty (50) years. 2. It has importance in the history, architecture, archeology, or culture of the Town of Vail as determined by the Planning and Environment Commission. 5. 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. 6. 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. 7. The repeal or the repeal and reenactment of any provision of the Municipal Code 12 of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any ~ duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 8. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extend only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ AND APPROVED ON FIRST READING this 6~ day of ~u6, 1991, and a public hearing shall be held on this Ordinance on the 3 day of srPr 1991, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 6 ~ day of A4~ , 1991. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ, AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1991. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk C:\ORD.25 13 PUBLIC NOTICE To be published in THE VAIL TRAIL August 16 and 23, 1991. PUBLIC NOTICE IS HEREBY GIVEN that pursuant to COLORADO REVISED STATUTES 31-16-203, a public hearing for the consideration of Ordinance No. 25, Series of 1991, AN ORDINANCE REPEALING AND REENACTING CHAPTER 15.02; ADOPTING BY REFERENCE THE 1991 EDITIONS OF THE UNIFORM BUILDING CODE, THE UNIFORM MECHANICAL CODE, THE UNIFORM FIRE CODE, THE UNIFORM PLUMBING CODE, THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, THE UNIFORM BUILDING CODE STANDARDS, THE UNIFORM FIRE CODE STANDARDS, AND THE 1990 EDITION OF THE NATIONAL ELECTRIC CODE; SETTING FORTH CERTAIN AMENDMENTS TO THE UNIFORM BUILDING CODE, THE UNIFORM MECHANICAL CODE, THE UNIFORM FIRE CODE, AND THE NATIONAL ELE~•rxlC CODE; OF THE MUNICIPAL CODE OF THE TOWN OF VAIL; AND SETTING FORTH DETAILS IN REGARD THERETO, will be held on Tuesday, September 3, 1991, at the regular meeting of the Vail Town Council at 7:30 P.M., in the Council Chambers of the Vail Municipal Building, Vail, Colorado. The purpose of the primary codes being adopted is to regulate construction practices within the Town of Vail, and the subject matter of the primary codes are regulations relating to construction practices within the Town of Vail. The Uniform Building Code, Uniform Code for the Abatement of Dangerous Buildings, and the Uniform Building Code Standards are published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601. The Uniform Fire Code and the Uniform Fire Code Standards are published by the International Conference of Building Officials and the Western Fire Chiefs Association, 5360 South Workman Mill Road, Whittier, California 90601. The Uniform Mechanical Code is published by the International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials, 5360 South Workman Mill Road, Whittier, California 90601. The Uniform Plumbing Code is published by the International Association of Plumbing and Mechanical Officials, 20001 Walnut Drive South, Walnut, California 91789. The National Electrical Code is published by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269. Ordinance 25, Series of 1991, was published in full in THE VAIL TRAIL on Friday, August 9, 1991. Copies of codes considered for adoption by this Ordinance are on file in the Office of the Town Clerk and are open to inspection. TOWN OF VAIL , _ ~I,~,ccjU.~~ Pamela A. Brandmeyer Town Clerk _ Y. ORDINANCE NO. 27 Series of 1991 AN ORDINANCE AMENDING SECTION 18.58.020(C) - FENCES, HEDGES, WALLS AND SCREENING OF THE TOWN OF VAIL ZONING CODE SUPPLEMENTAL REGULATIONS, REGARDING ENFORCEMENT OF COVENANTS RESTRICTING FENCE HEIGHTS AND DETAILS WITH REGARD THERETO. WHEREAS, the Town of Vail does not believe it is in the interest of the public to enforce restrictive covenants or any other legal instrument to which the Town is not a party; and WHEREAS, the Planning and Environmental Commission reviewed this issue during public session on August 12, 1991, and recommended the following change. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1 Section 18.58.020(C) -Fences, Hedges, Walls and Screening of the Town of Vail Zoning Code Supplemental Regulations be amended to read as follows: 18.58.020(C) Fences, hedges, walls and landscaping screens shall not exceed three feet in height within any required setback area, and shall not exceed six feet in height in any other portion of the site, provided that higher fences, hedges, walls or landscaping screens may be authorized by the zoning administrator where necessary to screen public utility equipment. No barbed wire or electrically charged fence shall be erected or maintained. Section 2 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3 The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4 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 1 Y other action or proceeding as commenced under of 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. Section 5 All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise ' any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this ao~ day of ~3ucvsr , 1991. A public hearing shall be held hereon on the .3~~ day of sf/~rrn,ef~' , 1991, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Kent R. Rose, Mayor ATTEST: . Pamela A. Brandmeyer, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1991. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk 2 MEMORANDUM . TO: Planning and Environmental Commission r FROM: Community Development Department DATE: August 12, 1991 SUBJECT: A request to amend Section 18.58.020(C) -Fences, Hedges, Walls and Screening of the Town of Vail Zoning Code Supplemental Regulations, regarding enforcement of covenants restricting fence heights. Applicant: Town of Vail Planner: Jill Kammerer .......,.,.....,.~N ,A,.~~ Section 18.58.020(C) of the zoning code reads as follows: "Fences, hedges, walls and landscaping screens, where not restricted by covenant or other legal instrument, shall not exceed three feet in height within any required front setback area, and shall not exceed six feet in height in any other portion of the site, provided The Town of Vail does not enforce restrictive covenants or any other legal instrument to which the Town is not a party. For this reason, staff requests Paragraph C be repealed and re- enacted to read as follows: "Fences, hedges, walls and landscaping screens shall not exceed three feet in height within any required setback area, and shat( not exceed six feet in height in any other portion of the site, provided c:lpecltovUences.812 - - - ORDINANCE N0. 28 Series of 1991 AN ORDINANCE REPEALING AND REENACTING ORDINANCE N0. 45, SERIES OF 1990, TO PROVIDE CHANGES TO AREA D REQUIREMENTS THAT CONCERN THE PHASING PLAN FOR SITE IMPROVEMENTS FOR AREA D; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development Districts within the Town; and WHEREAS, the Town Council approved Ordinance 45, Series of 1990 Special Development District No. 4; and WHEREAS, Glen Lyon Office Building, a Colorado Partnership, has requested to amend the existing Special Development District No. 4, Area D; and WHEREAS, the Planning and Environmental Commission has recommended that certain changes be made to Special Development District No. 4; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to repeal and reenact Ordinance No. 45, Series of 1990 to provide for such changes in Special Development District No. 4, Cascade Village. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 45, Series of 1990, is hereby repealed and reenacted, as follows: Section 1. Amendment Procedures Fulfilled, Planningr Commission Report. The approval procedures described in Chapter 18.40 of the Vail Municipal Code have been fulfilled, and the Town Council has received the report of the Planning and Environmental Commission recommending approval of the proposed development plan for Special Development District No. 4. Section 2. Special Development District No. 4 Special Development District No. 4 and the development plans therefore, are hereby approved for the development of Special Development District No. 4 within the Town 1 of Vail. Section 3 Chapter 18.46 Special Development District No. 4, Cascade Village, is hereby repealed and re-enacted with amendments to read as follows: 18.46.010 Purpose Special Development District Na. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Town of Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning Commission, and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. 18.46.020 Definitions For the purposes of this chapter, the following definitions shall apply: A. "Special attraction" shall be defined as a museum, seminar or research center or performing arts theater or cultural center. B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in a multi-family dwelling that is managed as a short term rental in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and 2 separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through another accommodation unit, dwelling unit, or 2 transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in section 17.26.075--17.26.120 governing condominium conversion. The unit shall not be used as a permanent residence. Fractional fee ownership shall not be allowed to be applied to transient dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. 18.46.030 Established A. Special Development District No. 9 is established for the development on a parcel of land comprising 97.955 acres as more particularly described in the attached Exhibit A. Special Development District No. 4 and the 97.955 acres may be referred to as "SDD4." B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Development Area Acreage Cascade Village A 17.955 Coldstream Condominiums B 4.000 Glen Lyon Duplex Lots C 29.100 Glen Lyon commercial Site D 1.800 Dedicated Open Space 40.400 Roads 4.700 97.955 18.46.040 Development Plan--Required--Approval Procedure A. Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two 3 development plans for the Waterford, Cornerstone, Millrace IV and Cascade Club sites as approved by the Town Council. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. The developer shall have the right to proceed with the development plans or scenarios as defined in Section 18.46.103 B-F. B. Amendments to SDD4 shall comply with the procedures outlined in Section 18.40. C. Each phase of development shall require, prior to issuance of building permits, approval of the Design Review Board in accordance with applicable provisions of Chapter 18.52. 18.46.050 Permitted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in 18.24.030 A-C. The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor or street level may include retail, theater, restaurant, and office except that no professional or business office shall be located on street level or first floor (as defined in Section 18.24.030 A of the Town of Vail zoning code in Area A) unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the Plaza Conference Center building; 3. Lodge; 4. Multi-family dwelling; 5. Transient residential dwelling unit; 4 6. Employee dwelling as defined in Section 18.46.220; 7. Cascade Club addition of a lap pool or gymnasium. B. Area B, Coldstream Condominiums 1. Two-family dwelling; 2. Multi-family dwelling. C. Area C. Glen Lvon Duplex Lots 1. Single family dwelling; 2. Two-family dwelling. D. Area D. Glen Lvon Commercial Site 1. Retail; 2. Restaurant and bar; 3. Business and professional offices; 4. Multi-family dwelling; 5. Employee dwelling as defined in Section 18.46.220. 18.46.060 Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 18.60 of the Town of Vail zoning code. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Fractional fee ownership as defined in the Town of Vail Municipal Code, Section 18.04.135 shall be a conditional use for dwelling units in the Westhaven multi-family dwellings. Fractional fee ownership shall not be applied to restricted employee dwelling units or transient residential dwelling units. Ownership intervals shall not be less than five weeks. 3. Special attraction; 4. Ski lifts; 5. Public park and recreational facilities; 6. Major arcades with no frontage on any public way, street, walkway or mall area. B. Area B. Coldstream Condominiums 1. Public park and recreational facilities; 5 2. Ski lifts. C. Area C, Glen Lvon Duplex Lots 1. Public park and recreational facilities; 2. Ski lifts. D. Area D, Glen Lvon Commercial Site 1. Micro-brewery as defined in Town of Vail Municipal code, Section 18.04.253 18.46.070 Accessorv Uses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 5. Swimming pools, tennis courts, patios or other recreational facilities customarily incidental to permitted or conditional uses, and necessary to the operation thereof. B. Area B, Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios., or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to 6 - permitted or conditional uses, and necessary for the operation thereof. 4. Swimming pools, tennis courts, patios or other recreational facilities customarily incidental to permitted or conditional uses, and necessary to the operation thereof. C. Area C, Glen Lvon Duplex Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D, Glen Lvon Commercial Site 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Minor arcade. 18.46.080 Location of Business Activity A. All offices, businesses, and services permitted by Sections 18.46.050 through 18.96.070 shall be operated and conducted entirely within a building, except for 7 permitted unenclosed parking or loading areas, and the _ outdoor display of goods. B. The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 18.46.090 Density--Dwelling Units The number of dwelling units shall not exceed the following: A. Area A, Cascade Village Two hundred eighty-three point five (283.5) dwelling units, with a minimum of three hundred thirty-eight (338) accommodation units or transient residential dwelling units and a maximum of ninety•-nine (99) dwelling units as defined by the table in Section 18.46.103 A-D. B. Area B, Coldstream Condominiums Sixty-five (65) dwelling units C. Area C. Glen Lvon Duplex Lots One-hundred four (109) dwelling units. D. Area D, Glen Lvon Commercial Site Three dwelling units, two of which shall be employee dwelling units as defined by the table in Section 18.46.103F. 18.46.100 Density--Floor Area A. Area A, Cascade Village The gross residential floor area for all buildings shall not exceed 289,445 square feet, except that the total maximum GRFA shall not exceed 292,245 square feet if Millrace IV Scenario 2 (32 A.U.'s) is constructed. B. Area B, Coldstream Condominiums Sixty-five thousand square feet (65,000 s.f.) GRFA. C. Area C, Glen Lvon Duplex Lots GRFA shall be calculated for each lot per Section 18.13.080 density control A and B for the 8 Primary/Secondary district of the Town of Vail municipal code. D. Area D, Glen Lvon Commercial Site The gross residential floor area for the two employee dwelling units shall be 795 square feet and 900 square feet respectively. The gross residential floor area for the free market dwelling unit shall be 1,630 square feet. 18.46.102 Commercial Square Footage A. Area A, Cascade Villaae Area A shall not exceed 56,538 square feet of commercial area. Commercial uses include retail, office, theater, restaurant, uses listed in Section 18.46.050 A-1, and the special attraction use. B. Area D, Glen Lvon Commercial Site Area D shall not exceed 16,730 square feet of office for Phase I, IA & II or 15,584 square feet of office for Phase III per the approved development plans. The micro-brewery and associated uses shall be constructed per the approved development plan. 18.46.103 Development Statistics for Area A. Cascade Villaae, and Area D, Glen Lvon Commercial Site 9 . ~ A. AREA A CU1.IPLETFD PROJECTS ' CASCADE ' . RCTnlt./ ON SITE STRUCTURE nU au cRfn torUl sq FT PARK1NC ' PARKING HILIP,nCE 1 16 20,000 28 0 r1I~~RnCE !1 14 17,534 25 0 UESTlN - 148 55,457 0 115 Alfredo's 104 seats 0 0 Gafe 74 seats 0 ~ 0 Little Shoe ~ 1250 0 0 Pepl Sports 243b 0 0 ~ ~ ' N b N Smfth, Yaurnet 90D 0 ' CHC 0U1[DlNu Cascade Ning 8 15,470 0 16 Clancy's 1600 ~ 0 13.3 Theatre 4220 28 College Classrooms 4)92 0 40 College Utf Ice 954 0 4 Ntg Room 2J 1301 0 6 . • TEr,Ar,[E Nii1G ' ' Roomt ' 120 5D,OG9 0 1D5 0 ?0 ti r i cvtrPtErEa Pe~~FCrs tcon~t) CASCADE nctnlt/ UN SITE STRUCTURE nu ac cRrn corUi sq FT PnRK1GG ' PARKING p!tita ! Roons 20 1205 0 lb Retail 1099 0 4 • 'Cenierence - x291 0 35 . Retail 925 0 ' , 3 . CASCADE C! UB. • _ , Retail 300 0 1 Bar ~ Aesiaurani 6l2 0 S.6 • Office in CHC 828 0 7 1lellness tenter 1386 0 7 TOTALS ' • 288. 38 114 ~ 135 11,186 53 • ~ • ' - ~ • ' . . . . CASCADE/WATERFORD 4. ARCA A PRUPUSCD PRUJ:CTS ~ UII SITE ~ STIIUCTUREO 1. CURIIERSTUIIE AU UR TR DU G1tFA CUl•U4ERCIAL SEATS SQ FT PARKING PAIZY.ING Units SO TR 28,110 48.1 (av room 561 sf ('.962 2190 space/room) 1.3 Accessory Ski ~ ~ _ _ _ Retail _ . - - Restaurant 3000 141 13.4 Ilotel Access • Rest & Bar 2465 82 10.3 Office ~ 4850 ~ 19.4 Conf Room 1725 1.2 Ilotel Retail 285 •0 Scenario 1 Retail 1 13,250 ~ 44.2 or or or Scenario Y Retail P 16,275 54.3 Access Ski (Restrooms (Ski School 7140 0 (Lift tickets TOTALS 50 TR 28,110 Scenario 126,040 229 8865 0 ' ~ Scenario 1 155.9 Scenario Z 29,065 °r Scenario 2 166 or • , ~ i • . AITEn A PRUPUSED PROJECTS (CUNT. CASCnDE/wATERFURD . Ott SITE STItUCTU(tED 2. NnTERFUP.D AU OR ?R DU GRFA COtif•(ERCIAL SEATS Sq FT PARKING PARKING . Ut1ITS ~ • Scenario 1 30 60 or 41,500 ~ ~ or Scenario 2 15 7i? 15 RETAII 3,800 IZ.7 TOTAL Scenario 1. JS TRor 47,500 3,800 Scenario 1 72.7 Scenario 2 30 DU Scenario Z 87.7 or 3. WESTNAVEN CUftD'JS - - - UNITS 20 22,500 40 ` ` Emplc~'ee Units 10 6,400 Max ~ 20 TUTPI, 20 DU 22,500 6p , 4. hiI IIRACE ! I I UNITS 3 6,000 ~ 6 TUTAI 3 DU 6,000 6 ' 5, MILLRnCE~ IV ' UIiITS Scenario 1 • ••8 11,200 or ~ 16 or Scenario 2 ~ 32 AU 14,000 ~ 26.8 _ TU1AL Scenario 1 ' ~ 8 DU 11,200 16 or 32 AU 26.8 • • at•.5cenario 2 14,000 • _ • ~ • * Restricted Employee Dwelling Units sf~alT not count toward density or GRFA. • AREA A PROPOSED. rRDJECr~ (cor~T.~ CASCADE/wnTERFURD Orl SITE . .STRUCTURED AU UR TR Du GItFA CUr•1r~lERC1Al SEATS SQ FT PARKING PARKING 6. CASCADE CLUB i+iiliii~iurr ~ ~ ' Scenario 1 4,500 22.5 Wellness Ctr ' or Scenario Z 4,500 0 6~nnnasium _ . TUTAL Scenario ' 4,500 ~ 22.5 Scer„~rio 2 ~ 4,500 . 1. RUUr1 2J CUUFEREgCE CUIIVERTEU 1U 1,381 ~ 5.5 •THEATRE TUTAL 1,387 ~ 5.5 1 B. PIMA OFFICE 925 , ~ _ s TUTAL 118,110 38,152 13,365 66 Minimum 310 tlaximum MAXIMUFIS . Total r 101:5'DU ~ or Z35 Minimum Room ?J ha: alre:~dy been counted as conference space Plaza space has already been counted for a retail parking requirement. The parking, The new parking requirement is based on tire. new parking requirement is based on the difference between the retail and 'difference between conference and theatre parking office parking requirements. requirements. ~ ~ ' . Total figures represent highest density and commercial scenarios. . ~ . . , C, TUTAL fRUJECT DEVEl.i1PMElli CUI•iPLETED AltD PRUPUSED FUR AREA A: • • ' CASCADE/WATERFURO • Uq S 1 t C STRUCTURED DU GRFA CU!•V•iERCIAI PARY,IHG PARKING • hiaxinwm** Minimum*** CU!•lPLETED PRUJECTS 182.0 114,135 17,786 53 422 422 PRUPUSED PRUJECTS * 101.5 118,110 38,752 66 310 235 TCT~~I DEVELUFt•1EtlT 283.5 292,245 56,538 119 Minimum 132 Maximum with 657 Minimum riith AT BUILD-UUT 11.5X Mixed Use 11.5X Mixed Use • Credit = 604 spaces Credit = 543 spaces 421 spaces in 421 spaces in Cascade Structure and Cascade Structure 183 spaces in 122 spates in • - - __-__-___Waterfard Structure ~ Waterford Structure *Total figures represent highest density and co~unercial scenarios. **Fiar.im+lm parking structure requirement assumes Cornersto~ie Scenario 2, ' Waterford Scenario 2, 1illrace IY Scenario 2, and Cascade Club Scenario I. • ***I•iinimum parking structure requirement assumes Cornerstone Scenario 1, Waterford Scenario 1, Millrace IV Scenario I, and Cascade Club Scenario 1. •D. TUTAL PRUJECT t9IftIt4Ut4 AU UR TRs AND MAXIMUM DUs FUR AREA A: • _ AU UR TR ~ ~ • CU!•iPLETEO PRUJECTS, ~ 288 AU 38 ~ ' " PRUPUSED PRUJECTS , " ' 50 TR ~ 61 . - • TUTAL 338 99 . . E. Development Controls Area Units GRFA - {Acres) 16 DU/Acre (,35) Original Parcel 15.68 252.00 256,437 - Robbins Parcel 1.23 19.68 18,752 Cosgriff Parcel 1.045 16.72 15.932 17.955 288.40 291,121 F. DEVELOPMENT FOR AREA D, GLEN LYON COMMERCIAL SITE SDD #4, AREA D llEVEI.,()I'MEN'I' SULIARE FOOTAGE AND PARKING PER 'I'UWN OF VAIL REQUIREMENTS FEBRUARY 26, 1990 PHASE Ia PHASE I,Ia & II PHASE I,Ia,II AND III DEVELOPMENT DEVELOPMENT DEVELOPMENT Sq.Ft./Parking Sq.Ft. / Parking Sq.Ft. / Parking Glen Lyon Office Bldg. (Existing) 10,150 40.6 10,150 40.6 10,150 40.6 PHASE IA Glen Lyon Office Bldg. 900 1.6 400 1.6 400 1.6 PHASE I Glen Lyon Bldg. - Office 0 2,900 9.6 2,400 9.6 PHASE II Micro-Brewery -Office 0 3,780 15.1 2,634 10.5 -Reception/ Museum 0 480 0.0 480 0.0 -Retail 0 175 .6 885 3.0 -Fermentation/ Brewhouse 0 970 0.0 1,906 0.0 -Beer Hall 0 1,700 18.8* 1,700 18.8* (150 seats) (150 seats) -Brew Pub 0 1,380 10.0* 1,380 10.0* (80 seats) (80 seats) SUBTOTAL 10,550 42.2 21,935 96.3 21,435 94.1 PHASE III East Building -2 Employee Units 0 0 0.0 1,695 9.0 -1 Dwelling Unit 0 0 0.0 1,630 2.0 -Office 0 0 ~ 0.0 2,400 9.6 SUBTOTAL 0 0 0.0 3,325 15.6 TOTAL COMMERCIAL AND RESIDENTIAL SQUARE FOOTAGE AND PARKING: 21,935 96.3 29,760 110.0 *USED HIGHEST PARKING REQ. POSSIBLE BASED ON !SEATING _ 18.46.104 Development Plans Site specific development plans are approved for Area A and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. The development plans for Area D are comprised of those plans submitted by the Glen Lyon Office Building, a Colorado Partnership. The following documents comprise the development plan for each area: 1. Cascade Village Master Plan and Building Height, Roma, 10/10/88. 2. Waterford and Cornerstone Floor Plans, Roma, 10/10/88, p 1-9. 3. Waterford and Cornerstone Sections, Roma, 10/10/88. 4, Waterford Landscape Plan, Roma, 10/10/88. 5. Waterford Summer Solstice, Roma, 10/10/88. 6. Waterford Site Plan, Roma, 10/10/88. 7. Waterford Elevations, Roma, 10/10/88. 8. Waterford Winter Solstice, Roma, 10/10/88. 9. Waterford East Elevation Height Analysis, Roma, 9/28/88. 10. Cornerstone Site plan, Roma, 10/10/88. 11. Cornerstone Elevations, Roma, 10/10/88, p. 1-3. 12. Cornerstone Sun/Shade, 10/10/88. 13. Cascade Entry Rendering, Roma, 10/10/88. 14. Cascade Club Addition Site Plan, Roma, 10/10/88. 15. Cascade Club Floor Plan, Roma, 10/10/88. 16. Millrace IV (32 A.U.'s) Plan, Roma, 10/10/88. 17. Millrace IV (32 A.U.'s) Floor Plans, Roma, 10/10/88. 18. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 6/8/87. 19. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88. 20. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., Revised 11/22/88. 17 Area D, Glen Lvon Commercial Site 1. Area D Master Site Plan, Geodesign by Sherry Dorward, 2/22/90. 2. Landscape Plan for Area D, Geodesign by Sherry Dorward, 2/22/90. 3. Area D elevations, Geodesign by Sherry Dorward, 2/9/90. 4. Vail Micro-brewery, Seracuse, Lawler, and Partners, Denver, CO., sheets A2.1, A2.2, A2.3, A3.1, A3.2, A4.1, A4.2, dated 1/8/90 and sheet A2.4 dated 12/13/89. 5. Vail Brewery Roof Study, Frank Freyer, 1/8/90. 6. Glen Lyon Parking Garage Floor Plans and Site Plan, Roma, 11/28/88. 7. Glen Lyon Parking Garage Sections/Elevations, Roma, 11/28/88. 8. Glen Lyon Condominium, Roma, 11/28/88. 9. Glen Lyon Condominium East Building, Roma, 11/28/88. 10. Deck Enclosure (Phase IA) to Glen Lyon Office Building, Pierce, Segerberg and Spaeh, dated 9/20/90. 11. Landscape Plan, Phase IA Deck Enclosure, Pierce, Segerberg and Spaeh, dated 8/19/91. 12. Office Addition to Glen Lyon Office Building, Buff Arnold/Ned Gwathmey Architects August 25, 1989 Sheets Al through A4. 13. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., Revised 11/22/88. Letter from Peter Jamar Associates, Inc., dated January 16, 1990. 14. Deceleration lane design for South Frontage Road, RBD, October 18, 1988 as approved by Co. Div. of Hgwys. 15. A resubdivision of Lot 54 amended plat Glen Lyon Sub- division, Eagle Valley Surveying Inc. as approved by T.O.V. 16. Vail Brewery Parking Analysis, TDA Colorado, Inc., August 10, 1988 and Vail Brewery Parking Analysis Update, TBA Colorado, Inc., January 16, 1990 pages 1-8. 18 18.46.110 Development Standards The development standards set out in Sections 18.46.120 through 18.46.180 are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. 18.46.120 Setbacks A. Area A, Cascade Village Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property of not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure?athletic club building shall be two feet as approved an February 8, 1982, by the Planning and Environmental Commission. All buildings shall maintain a 50 foot stream setback from Gore Creek. The Waterford and Cornerstone buildings shall maintain a 20 foot setback from the north edge of the recreational path along Gore Creek. B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C. Glen Lvon Duplex Lots Required setbacks shall be governed by Section 18.13.060 Setbacks of the Primary/Secondary zone district of the Town of Vail Municipal Code. D. Area D. Glen Lvon Commercial Site Required setbacks shall be as indicated on the approved development plans. 19 18.46.140 Height A. For the purposes of SDD4 calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawings. B. Area A, Cascade Village 1. The maximum height for the Westin Hotel, CMC Learning Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure/Athletic Club is 71 feet. 2. Cornerstone Building: Maximum height of 71 feet. 3. Waterford Building: Maximum height of 48 feet as measured from finished grade to any portion of the roof along the north elevation (South Frontage Road) and west elevation (Westhaven Drive}. A maximum height of 40 feet as measured from the lowest floor of the parking structure to the roof eave is approved for the south and east building elevations. A maximum height of 61 feet as measured from the lowest floor of the parking structure to the roof ridge is approved for the south and east building elevations. 4. Westhaven Building: A maximum of 55 feet. 5. Millrace III: A maximum of 48 feet. 6. Millrace IV; A maximum of 48 feet. 7, Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of 36 feet. 9. The remainder of buildings in Area A shall have a maximum height of 48 feet. C. Area B. Coldstream Condominiums, The maximum height shall be 48 feet. D. Area C. Glen Lvon Duplex Lots The maximum height shall be 33 feet for a sloping roof 20 and 30 feet for a flat or mansard roof. E, Area D. Glen Lvon Commercial Site 51g of the roof shall have a height between 32 and 40 feet. 49~ of the roof area shall have a height under 32 feet. On the perimeter of the buildings for Area D, height is measured from finished grade up to any point of the roof. On the interior area of any building, height is measured from existing grade up to the highest point of the roof. Development plan drawings shall constitute the height allowances for Area D. 18.46.160 Coverage In Areas A and B, no more than 35~ of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 450 of the area may be covered. In Area C, no more than 250 of the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 18.69 of the Vail Municipal Code apply. In Area D, no more than 37a of the total site area shall be covered by buildings and the parking structure. 18.46.170 Landscaping At least the following proportions of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent, and in Areas C and D, sixty percent, of the area shall be landscaped. 18.46.180 Parking and Loading A. Area A, Cascade Village 1. Off-street parking shall be provided in accordance with Chapter 18.52, except that 75~ of the required parking in Area A shall be located within a parking structure or buildings. If the development table in Section 18.46.103 is amended, the parking requirements shall be amended accordingly. 21 2. There shall be a total of 421 spaces in the main Cascade Club parking structure and a minimum of 122 underground spaces in the Waterford structure. 3. The Cascade and Waterford parking structures shall be considered to be one parking structure for the purposes of calculating the mixed-use credit for parking spaces. Both parking structures shall be managed as one entity. A 17.5 percent mixed-use credit per the Town of Vail parking code, Section 18.52.20 has been applied to the total number of required parking spaces combined in the Cascade and Waterford structures. Alternative development plans or scenarios which require additional structured parking shall require an expansion of the Waterford parking structure below ground level. 4. The third floor of the Cascade parking structure shall not be used to meet any parking requirements for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 5. Phasing: All required parking for Cornerstone, Waterford, Millrace IV Scenario 2 (32 A.U.'s), and the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade or Waterford parking structures. At the time a building permit application is submitted to the Town of Vail Community Development Department for the Waterford building and parking structure, the developer shall be required to make a final decision as to which development scenarios shall be used for the Cornerstone, Waterford, Millrace IV and the Cascade Club addition. A temporary certificate of occupancy shall not be released far any portion of the Cornerstone, Waterford, Millrace IV Scenario 2 22 (32 A.U.'s) or Cascade Club Wellness addition, Scenario 1 which relies on required parking being provided in the Waterford parking structure until the Waterford parking structure has received a temporary certificate of occupancy from the Town of Vail Building Department. 6. Seventy-five percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for Westhaven Condominiums, Millrace III, and Millrace IV Scenario 1. 7. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. C. Area C. Glen Lvon Duplex Lots Off-street parking shall be provided in accordance with Chapter 18.52. D. Area D. Glen Lvon Commercial Site 1. Phase I, IA and II shall include 80 surface parking spaces plus 6 valet parking spaces on the east end of the surface parking lot. Phase IA shall include 2 additional required parking spaces for a total of 43 required parking spaces. 2. Phase III shall include a minimum of 108 parking spaces. A minimum of 100 spaces shall be located in the parking structure. All required parking for the east building shall be provided on-site per Town of Vail parking requirements per Section 18.52.100 for residential and office use. A minimum of eleven spaces shall be located in the 23 garage of the east building and a maximum of 5 _ surface spaces shall be located adjacent to the east building. 3. Area D development shall meet the operational requirements outlined in the TDA Colorado Inc. Report, Section Parking Analysis Considerations, January 16, 1990. Parking Analysis Considerations pages 1-B. 4. Valet parking shall be prohibited on the west end of the surface parking lot. 5. The Brew Pub shall not be open to the public until after 4:30 p.m. for.Phase I and II Monday through Friday. When Phase III development occurs including the parking structure, the brew pub may operate during the weekdays once the parking structure is available for public use. 6. The Beer Hall shall not operate or be used by the public before 4:30 p.m. on,weekdays, Monday through Friday at any time. 7. Once the parking structure is constructed, the parking and access to Area D shall be managed per the TDA Parking Report, Parking Management Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery Parking Analysis Update, dated January 16, 1990, both written by Mr. David Leahy. 8. No loading or delivery of goods shall be allowed on the public right-of-way along the South Frontage Road adjacent to the Area D development. 9. The owner of the property and brewery management shall prohibit semi-truck and trailer truck traffic to the Glen Lyon Commercial site. The only truck loading that shall be allowed to the site shall be vans having a maximum length of 22 feet. 24 18.46.190 Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SDD4 under Chapter 3.20 shall be assessed at a rate not to exceed twenty-five cents per square foot of the floor area in Development Area A; and at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. 18.46.200 Conservation and Pollution Controls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction. C. The, number of fireplaces permitted shall be as set forth in Section 8.28.030 of. the Town of Vail Municipal as amended. D. If fireplaces are provided within the development, they must be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. E. All water features within Development Area A shall have overflow storm drains per the recommendation of the Environmental Impact Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices to prevent oil and dirt from draining into Gore Creek. G. In Area D, a manhole on the brewery service line shall be provided so that the Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength. 25 H. In Area D, the brewery management shall not operate the brewery process during temperature inversions. It shall be the brewery owner's responsibility to monitor inversions. I. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and D. K. The two employee dwelling units in Area D shall only be allowed to have gas fireplaces that meet the Town of Vail ordinances governing fireplaces. 18.46.210 Additional Amenities and Conditions of Approval for Special Development District No. 4. A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the development to the Village Core area and Lionshead area as outlined in the approved development plan. B. Developer shall provide in its approved development plan a bus shelter of a design and location mutually agreeable to developer and Town Council.. Said shelter to serve the area generally. C. Area A, Cascade Village 1. The developer shall be responsible for providing a break-away bollard for the emergency access road between Eagle Pointe and Westhaven Drive. The design of the bollard shall he mutually acceptable to the developer and Town of Vail. This improvement shall be constructed when a building permit is requested for the Cornerstone, Millrace III, Millrace IV, Westhaven Condominiums, Waterford buildings, or Cascade Club addition. The bollard shall be included in the permit plans. 26 The bollard shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the Cornerstone, Millrace III, Millrace IV, Westhaven Condominiums, Waterford buildings, or Cascade Club addition. 2. The developer shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with the recreational path to Donovan Park. The walk shall be constructed when a building permit is requested for Westhaven Condominiums. The sidewalk shall be part of the building permit plans. The sidewalk shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for Westhaven Condominiums. 3. The developer shall provide 100-year floodplain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits are released for either project. 4. The conditions for Area A in Sections 18.46.020 B, 18.46.180 A. 1-7, 18.46.200 A - F, I, J, 18.46.210 C, 1-3, 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 is requested for the Cornerstone, Millrace III, Millrace IV, Westhaven Condominiums, Waterford buildings, or Cascade Club Addition. D. Area D, Glen Lyon 27 Commercial 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 excluding Phase IA, 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 excluding Phase IA, 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 28 Council prior to the issuance of a temporary certificate of occupancy for either the Brewery addition, office expansion excluding Phase IA, east office building or parking structure. 3. The developer shall underground the electrical 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 either the Brewery addition, office expansion, excluding Phase IA east office building or parking structure. 4. The developer shall be responsible for relocating 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 relocated utility easement before a building permit 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 29 addition, office expansion excluding Phase IA, east office building, or parking structure. 7. The Developer shall construct a deceleration 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 excluding Phase IA, II, or III construction. 8. The conditions for Area D in Sections 18.46.180 D, 18.46.200 A, B, F - K, 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 excluding Phase IA, east office building, or parking structure. 9. The minor subdivision for Area D shall be 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, andlor the Vail • Town Council. b. The minor subdivision plat shall include a statement that development of the four 30 parcels shall be governed by the approved SDD 4 development plan for area D and governing ordinances. c. The Community Development Department 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. The 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. 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. e. 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. 10. The entire Glen Lyon Office Building and Brewery Building shall be sprinklered and have a 31 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 excluding Phase IA 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, excluding IA, II, and III 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 the employee units are built. 18.46.220 Emplovee 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 a minimum 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 the date of final 32 certificate of occupancy for said units. The two employee dwelling units in Area D shall be restricted as rental employee dwelling units permanently. In Areas A & D the following restrictions shall apply to all employee dwelling units: The employee dwelling unit shall not be leased or rented for any period of less than 30 consecutive days, and that if rented, it shall be rented only to tenants who are full time employees in the Upper Eagle Valley. The Upper Eagle Valley shall be deemed to include the Gore Valley, Minturn, Red Cliff, Gilman, Eagle-Vail, and Avon and their surrounding areas. A full time employee is a person who works an average of 30 hours per week. In Area A, if an employee dwelling unit is sold, it shall be sold only to a full time employee in the Upper Eagle Valley. The owner shall occupy the unit or lease/rent as per the requirements in this section, In Areas A & D the employee dwelling unit shall not be divided into any form of timeshare, interval ownership, or fractional fee ownership. A declaration of covenants and restrictions shall be filed on record in the office of the Eagle County Clerk and Recorder in a form approved by the Town Attorney for the benefit of the Town to ensure that the restrictions herein shall run with the land before a building permit is released for the construction of the employee units in either Area A or Area D. 18,46.230 Time Requirements SDD4 shall be governed by the procedures outlined in Section 18.40.120 of the Town of Vail Municipal Code. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not 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 33 or phrases be declared invalid. Section 5. The repeal or the repeal and re-enactment of any provisions 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 proceeding 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. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND PASSED ON FIRST READING THIS a~~' day of Av6usr , 1991, and a public hearing shall be held on this ordinance on the 3'""~ day of SfPr'EMBtR , 1991 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this ~o~ day of ,¢uGusr , 1991. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1991. 34 Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk i t i . 35 E::lIILIT "a" ~ _ KOELBEL PROPEP.TY DEVELOPI~IL::T ARE~I A Vail-Rose 12.370 acre= A part of the St,i 1/4 NE 1/4 of Section 12, Township' S South, Range 81 ~•Jest of the 6th P.;1. , described as follows: Beginning at a point on the West line of said S~•t 1/4 NE 1/4 from wt?ich the North one-quarter corner of said Section bears North 0`15' East 22G9.48 feet; thence I~ort!~ Oo15' East, along said best Line, 15 .36 feet to a point on the 6outh~aste=ly right of way line of U.S. liighway tlo. 6; thence, along said Southeasterly right of way line, as follo~rs: North 52027' East, 102.31 fee*_; North 49°20' East, 519.57;feet; and North 48013' East, Sy9.09 feet, more or less, to a point on the North line of said SIJ 1/4 NE 1/4; thence \'orth 88°33' East, along the North line of said SZ•7 1/4 NE, 365 feet, more or less, to a point on the centerl_ne of Gore Craek; the..^.ce, alorc the ce.^.terline of Gore Cree}:, as follocrs: South 36°49' ~•7est, 101.04 feet; South 18021' West, 54.08 feet; South 1024' t•]est, 205.02 feet; • South 12°10' West, 110.25 reef; anc South 28°91' t•:est, 242.35 feet, thence Sout`~ 75°15' West, 1064.10 feet to the point of beginn?:~g. Rose Farcel 3.190 acre A tract o f land s i tus fed in tha Sj•: y?`:E a of Section 12 , TP 5 S. , R. 81 t4. , of the 6th P.:•i. , l.,~ing Southerly of that cer;.3in •tract of land described in Book 199, Paae 197, Northerly and ~•]esterly of the center line of Gore Cree}:, and l~~ing t`'ortaerly and Easterl;~ of those certain tracts described in Book 211 at Page 106, Boo}: 211 at Page 108 and Boo}; 215 at Page 365, descried as follows: Beginning at a point on the North-Sout:~ center line of said Section 12 whence the North quarter corner of said Section 12 bears N. 00015' E. 2269.48 feet; thence N. 75°15' E. 346.26 feet to the true point of beginning, said point being on the South line of that tract described in Book 199, Page 197 and which bears S. 08076' E. 2205.34 feet from the North quarter corner of said Section 12; thence N. 75°15' E. 717.84 feet along the Southerly line of that tract described in Book 199, Page 197 to the center of Gore Creek; thence S. 28041' W. 130.61 feet along the center line of saic] Creek; thence S. 05°24'30" E. 104.50 feet along the center line of said Creek; • thence S. 49°29' W. 95.5.0 feet along the center line of said Creek; thence S. 22034' W. 124.47 feet along the center line of said. Creek; • thence S. 54000' W. 119.34 feet along the center line of said Creek; to the Southeast corner of that certain tract of land described in Book 211, Page 108; thence N. 33°16'30" W. 140.12 feet along the Easterly line of that tract described in Book 211 at page 108; thence N. 57042'30" W. 169.88 feet along the Nor~heasterly line of that tract described in Book 211 at page 108; thence N: 86°02'30" W. 162.92 feet along the Northerly line of those tracts described in Book 211 at Page 108 Book 211 at Page lOG to a point; th.~ncc N. 32057' 30" ~a. 76.08 feet along the Northeasterly line of that tract described in Book 215 at Page 365, to the point of beginning. 36 • ~ f Heede Parcel 1.260 acres County of Eagle and State of Colorado, to wit: • A tract of land situated in tt~e 5~9;NE; of Section 1?., To:~nstiip 5 South, Ranae S1 West of the 6th Principal Meridian, described as follows: Beginning at a point on tt~e North-South center , line of said Section 12 whence t}~e Nortli Quarter Corner of saic Section 12 bears North 00 degs. 15 mins. East 22G9.48 feet; thence North 75 degs. 15 mins. East 346.26 feet; thence South 32 degs. 57 mins. 30 secs. East 76.08 feet; thence South 11 degs. 00 mins. 30 secs. West 279,99 feet to•a point in the center of Gore Creek; thence North 50 degs. 32 mins. ~•?est 111.31 feet aloncr .the cen;.ez line of said creek; thence North 38 deQS. 40 mins. West 239.0° f=et along the center line of said creek; thence South 76 degs. 35 mins. hest 89.91 feet along the center line of said creek to a point on the North-South center line of said Section 12; thence North 00 degs. 15 mins. East 13.95 feet along the North-South center line of said Section 12 to the point of beginning. Total 16.820 acres GORE CREEK aSSCCIATES PROPERTY DEViLOP~IE:~;T ARi:~S B, C & D 80.700 acres Lecal De=cr'_ption All that part of Section 12, To:.-nship 5 South, Rance 81 Jest of the 6th P,:•1. , described as follo:•:s : All that par ~ of the N ;NE ~ of Section 12 , lying Southerly of the Southerly right-of-way line of U.S. High:aay No. 6 and Northerly of the Southerly line of said iJ;NE;, as shoran on the plat on file in the office of the Eagle County Clerk and Recorder as Docume.^.t No. 97489, described as folio:•~s: Beginning at the highway survey monument at the intersection of the Southerly line of said highway and the Easterl}• line of said N;iJE;, whence the Northeast corner of 'said Section 12 bears North 0003' West 634.785 feet; • thence South 73°26'30" West 1112.13 feet along the Southerly right of way line of said highway; thence South 70034' West 125.10 feet along the Southerly right of way line of said highway; • • thence South 69°25' West 100.00 feet along the Southerly right of way line of said highway; ' thence South 65050' West 100.00 feet along the Southerly line of said highway; ~ - - thence South 62015' West 100.00 feet along the Southerly right of way line of said highway; ' thence South 58°40' West 100.00 feet along the Southerly right of , way line of said highway; thence South 55°OS' West 100.00 feet along the Southerly right of way line of said highway; thence South 51032' West 100.00 feet along the Southerly right of • way line of said highway; thence South 47057' West 232.58 feet along the Southerly right of ' . way line of said highway to a point on the Southerly line of said N ;NE; ; - thence North 88°33' East 497.67 feet along the Southerly line of said N'~NE: to the center of the NE; of said Section 12; thence Nort}~ 88033' East 1379.35 feet along the Southerly line of said N ;tJE; to the Southeast corner of said N ;NE thence North 0°03' West 760,95 feet along the Easterly line of said NINE; to its intersection with the Southerly line.of said highway, the point of beginning, 37 CO:ITI:;UED AND All that part of the S~J~NE; of Section 12, lying Southerl;~ of the center of Gore Creek as shoc~n on the plat on file in the office of the Eagle County Clerk and Recorder as Document flo. 97x89, described as follows: ~ . Beginning at the Northeast corner of said SS•l;i`IE;; thence South 88°33' Jest 131.67 feet to a point in the center of said Creek; thence South 4U°09' ~•lest 94.04 feet along t}~e cuter of said Cr~~1:; thence South 18°21' tiJest 54.08 feet along the center of said Cr°ek; thence South 1°~4' >i~est 205.02 feet along the center of said Cre°::; thence South 12°10' ~~'est 110.25 feet along the center o` said C~eek; thence South 28041' Jest 320.00 feet; thence South 5°24'30" East, 170.00 feet along the center of said creek; thence South 27°00'02" ~•lest 85.29 feet along the center of said creek; thence South 54000' cJest 259.34 feet along the center of said creek; .thence South 65034' Jest 109.62 feet along the center of said creek; thence South 69°04' ~~est 186.13 feet alone the center of said c:~ek; thence South 85°25' Jest 68.88 feet along the center of said creek; thence north 77036' Jest 26.96 feet along the center of said c=ssy; thence ilorth 50°32' j•;est 199.19 feet along the center of said creek; thence tJort7 38°40' jJes~ 239.09 feet along tre center of said creek; thence South 76°35' ~•lest 89.91 feet along the center of said c~~e?:; ' to z point on the S•lestzrly line of said Sj•i;NE;; thence South 0015' l•lest 4G1.90 feet to tl~e center of said Section 12; thence Vorth 89.02' East 1382.6 feet alone the Southerly line o= said S~•;ilE; to the Sou~:,~ast corner of saki SI•i!;;lE;; thence North 0006' East 1364.32 feet alor.v the Easter l': li.^.s of said SL•i;NE; to the Northeast corner of said Sl~l!~NE;, the point of beginning, AND . • The N~J;SE; of Section 12, Township 5 South, Range 81 ~•lest of t::e 6th P.r}. ; AND All that part of the SE;N~43,; of Section 12, Township 5 South, Range 81 tJest of the 6th P.1`f. , lying Southerly of the Southerly right of way line of U.S. High:•;ay No. 6, as shown on the plat on file in the office of the Eagle County Clerl: and Recorder as Document No. 97489, described as follows: Beginning at the Southeast corner of said SE;N~J;; thence South 89°02' West 836.95 feet along the Southerly line of said SE;N6J; to a point on the Southerly right of way line of said highway; thence North 52035' East 1057.07 feet along the Southerly right of way line of said highway to a point on the Easterly line of said SE;N~J; ; thence South 0°15' West 628.21 feet along the Easterly line of said SE:NW; to the Southeast corner of said SE;N~•l;, the point of beginning; EXCEPT THE FOLLOWING: that part described in Book 188 at page 545; that part described in Book 191 at page 241; that part described in Book 203 at page 231; 38 ' CO:l:I:7UED that part described in Boot. 203 at page 531; that certain island adjacent to the above-~3escribed property, and located in the micdle or Gore Creel;, ~oi~ich the par~ies intend to exclude from this transac~io~; Count} c f Eag ].e , State of Colorado ALSO THE FOLL0;~1Ii,G FARCEL FOR~•1c°L'f Y.NO;dtt AS THc "COSG1IFr" PARC;.L" A tract of land situated in the SW 1/4 IvE 1/4 of Section 12, Township 5 South, Range 81 'hest of the 6th Principal 1-;eridian, lying Northwesterl}• of the center line of Gore Creek described as follo~:s: • • Beginnint at a ~oin~ Whence the 1~orth Quarter • Corner of saic Section 1? bears T:. 11°U3' t~. 2292.77 feet; thence S. 86°02'30" E. 59.50 feet; t1-~ence S. 54`42'30" E. ]6°.Eb feet; thence S. 33`16'30" E. 140.12 feet to a point in the center of saio creek; thence S. 65`34' 1:. 109.62 feet along the center linE of said creek; thence S. 69GC~Q-' b1. UC~.7$ feet olonF, the certc- ]ine of s~iG creek; thence X3`12'30" W. 3]7.54 fe~c to the point of begir.nin€, containing ~ .QS acres, more o; less. , ALSU DESC' 1 G%:J l~e~inninE at a F;.;nt ~d;:=-:c~ t`.E North Qvar~e: • Corner of sa. d SEC~i or 1'2 beam I I °03' W. 222.72 iEE't; tl:encE S. $5°43'x4" E• 89.64 -feet; thence 5. Si`25'sCi" E. 1b5.46 fEet; thence S. • 31°59'30" E. 141.47 feet to a point in the ' center of said creek; thence S. 65°31'36" t,'. ]09.6? fEet along the center line of slid creek; thence S. G9°U1'36" l•'. ]C13.02 feet a]ong the carter line of said creek; thence N. 23`24'09" 1•;. 319.09 feEt to the pcint of beFinni*~g,. • , . TOyETHET. k'lTH 2n ezseoent as described in 'llocu~ent • • seco-ded August 5, ]96i~ in Eook 306 at Page 4~3 and tetofde~ i:, $c~c,l~ 3U7 dt Page 86 of thi Eag,1E County records. ALSO including all water and well rights - . • appurtenant to the above described propert , incluc~in~ tcithout lizritation, 1~1e]] Ferc~it t1o. y[~.702, ti:ater rights oecreed in Civil /,c:ion 1~0. 2375 in Lafile Count}• District Court. and o] ] that pc?rtio:, of ~:ater riFht~ decreed in Case No. 8U CW 4]0, Water bivisior. 1:0. 5, (Gore No. 1 1.1e11 - U.OS c~S) 39 . MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 9, 1991 SUBJECT: A request for a major amendment to SDD No.4, commonly known as Cascade Village, Section 15.46 -Area D, in order to adjust the Phasing Plan for site improvements 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 Planner: Shelly Mello y,.,v,<Sti!%...... ..............:v: :w::.~::::::::::::::::w:: :~:::.v::::. ::::•::::::!!~N~i. v:::v:;; vnw:::n ~w:.:::.~:;; ....................................x:::;t;::::::::::::::n~:::::. ~::.j::::................:..............i::{qiY.:: 'vifi~iv:Yi: i::i•:ti?i:i4in:~iyii:;i:'v: :v:.:::::::::::::::: :w.:; :v......:::........: ~:;~j:;:~~: •i'4}y......: iiiii: ~:Liii}iiiiii;;......•• :v::::: :w: ::w:::::::::... r:::::.. r. ::4i::::::5::::::: ''.r .................r n'lisi<fi.'•ii~iiv+'~i:;:~i:;i:~•i:~ N;:i:::::iY''ii%: iY :i^i ....tiw:::.w.w:::: .v. v:: i::: i:::::::x t. . rl....':. i. ~:v:.: ~ v: n::.:, .....v.:~~:i::i%riy,}:~.~n...... r-:::::.::::.r::::::::: x::: n.:: vhiiii:r iiiiiiii??i:. s: !n?.. :4::: !iii ........................sxu~y......." t:v::• r:: r:::::.' vvti•}:: i:~'ii: iTi~ n.: . . . . . .r.....in..~.rn.xrn4.rrwn.n....v.nm..~~x.r.nxn:..: ~:ii:-F.: i:Ciii~J::: I. BACKGROUND In December, 1990, a major amendment to SDD #4 was approved which changed the phasing plan and allowed fora 400 square foot expansion to the Glen Lyon Office Building with the condition that the utilities on the property be placed underground. The applicants at the time of the amendment would have been responsible for $15,000 of the expense to underground the utilities. Holy Cross Electric had previously committed to the remainder of the expense of $210,000. This arrangement was made prior to the December, 1990 amendment. The Holy Cross commitment was based on the proposed development for the project which included the Brewery. When Holy Cross was approached by the applicant to complete the project, Holy Cross was unable to commit to their original funding because of the decrease in proposed use as a result of the Brewery project being delayed. As a result, the applicants will be now required to pay $35,000 in order to underground the lines, an expense they are unable to meet. 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 the conditions of approval set forth in SDD #4. 1 A major amendment was approved in December, 1990, which relieved the applicant of all conditions except the undergrounding of the utilities on the property. Additional landscaping was also approved as part of this amendment. 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 remaining 2400 sq. ft. of the approved office expansion triggers the remaining conditions of approval. Approval of a maior amendment to SDD #4 is necessary in order to allow the expansion without the utility undergrounding requirement. III. SPECIAL DEVELOPMENT DISTRICT CRi i ARIA The criteria to be used to evaluate this proposal are the 9 Special Development District (SDD) development standards set forth in the special development district chapter of the Zoning Code. The criteria are as follows: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties 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 provide a compatible, efficient and workable relationship with surrounding uses and activity. The proposal does not change the uses, activity or density of the approved plan. C. Compliance with parking and loading requirements as outlined in Chapter 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, as the site currently has 10 excess parking spaces. D. Conformity with applicable elements of the Vail Comprehensive Plan, Tom.?~.. policies and Urban Design Plans. 2 Section 1.1 of the Town of Vail Land Use Plan relates to this proposal. "General Growth/Develonment 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. 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 designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. No changes are proposed in this area. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. No changes are proposed in this area. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. No changes are proposed that would affect any of the above issues. The applicant agreed to upgrade the existing landscaping under the December 1990 approval. The staff would request additional landscaping be required to further screen the parking. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The December, 1990, amendment changed the proposed phasing plan. Rather than the entire 2800 square feet of office expansion being constructed in a single phase, the amendment allowed Phase I to be split into 2 pieces. Phase IA includes the 400 squaze foot deck enclosure and the undergrounding of electrical utilities. This amendment would delete the undergrounding requirement. The remaining 2400 square feet of Phase 1 will be completed at 3 r an unspecified later date. In addition, the remaining conditions, including the undergroundang, 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. IV. DEVELOPMENT STANDARDS - All development standards have been met. VI. STAFF RECOMMENDATION The staff recommends approval of the request with the condition that a more extensive landscaping plan, which screens the existing surface parking, be part of the development plan. The staff feels it would be unreasonable to require the applicant to underground the utilities at this time, due to the expense and the limited size of the expansion. We also support the applicant's desire to add landscaping around the existing surface parking lot, but feel that a more extensive landscaping plan which will screen the surface parking better should be a condition of this approval of this amendment. If additional landscaping is required by the PEC, it will . be reviewed by the DRB or staff. ~~~~«t?~~~y~.sia 4 i rj t ~ ; it y~W. r~ r I4 1 I. 1. AlG ~ .i t~~~~ ,a E ~F +r~ ~ tij ll~ ~ ~~rF d' 4 , ~ ~1"; Yr. ~ ~di~a~, , j..tl !F~ ~ l l..-t,.f 'ulA"~ 1~1 . Q y~ a ~1 ''r ~ ~ ~ . r.~+~, •"'1?~ lY~ s+, , 1~ ri ~~y, ~ Fit" p r ~ ~ ; t w'P + ~ , r ~ 1 : ~ ' i a 1 1 1 t, 4 i 1 ~J 1 , 1. 1 4 ".`;df ~ t + `t , 1 t xf ~ f"1 4 R.r` . I/+ ~ • ~ t 1. y t ~ } ~ ' i , Is ~t~ j v.t ~ ~ ~ d~ _ 1 ~ J . s 1 ei I !IBC+1, , ~''r~y ,~t 1. ' ,w t ~ 1.,, 4~: 1t Sr'_ i Ik e 1 F ~ r 1 i i+ t ,ib .1 C~:~~. ( ~ { +(l.i, Il v+Jj 11 A.i ti r.,~ ~{4?•_ 1. 11 .t 1. .J }li l sw~( t ' ~'.1 ~ ' I •'ti >ti t s ~ ,•r.' 1+•11y a "r { rllp! i ~ nt~ .lD t4t ,.IC . ~ 't ~ .Mt. u+ Y••1. 4.d ill i'~ ; 1 T t. 8 .4,b Y r t ~ ~ ,Y ~ ~ t ' ~r I'rl I~~1~ {.s. .i.:' ' ! 1 r ~ - 4 .r, T 1 , J, ~ ! . it y ~it .P' i ~ 1.~- ; .r t .r ? rw ryl~i ~ `•t t~~l ilr ` ~rl ~ , i~~ ~ ~ 1 ~ ~ ~ ~ ~ , II y ~ ~ yl ,t ~ jilt: ,x.11 ~ 1 ' ~ee1 `'ty. ~ t .r "Y l 1 1~~y f f ~1 ~ 1 1 . Wi y , , . . , t .,Y r 1 . t 4 ~ e h 1>' . ' ,s ~ ~ , filCl ~I.e _ y. fhty ~J'~,; 11 r~ J JI 1~ 1 Yy ~ ~1 .I ~ ~ ' ~y r 1 1 11..JJJ y~Yy ! + I' 'fir 1 l t ~ J ~f. •t , ~ ,1111 ~,I" l 1 f. ~ ~ t • f • • ~ .~•f.. .'A I . , ' , fdf! y~S ~ `'II I ~ APO ~iR. ~ I' i ~ Il ~ Il~ii,j, II 1; ; V j- -r. ~ III I l~tr`°' I ' ~ ~ - - - ~ ~ ' • , ' Zi ~ a ~ /;oZPM 1q ~ja~ s /?~s~z . ~dm<n ~~vr~ ~ V~ C `S t ~ ~ RESOLUTION NO. 19 SERIES 1991 A RESOLUTION ASKING THE COLORADO WILDLIFE COMMISSION TO TAKE CERTAIN ACTION CONCERNING ANIMAL TRAPS IN AND AROUND THE TOWN OF VAIL WHEREAS, there have been numerous recent incidents in which pets of citizens of the Town have been caught and injured in animal traps; and, WHEREAS, the Colorado Wildlife Commission intends to meet on September 19, 1991, to consider taking appropriate action to deal with the impact of animal traps on pets of the citizens of towns and cities in the State of Colorado; and, WHEREAS, the Town wishes to ask the Colorado Wildlife Commission to adopt certain policies to protect pets within the Town of Vail. NOW, THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: The Colorado Wildlife Commission is hereby requested to adopt a policy regulating trapping in and around the Town of Vail, prior to the 1991-92 trapping season, incorporating the following: A. A setback of feet from either side of any trail or roadway located within the municipal limits of the Town of Vail which trail or roadway is indicated on any map published by the Federal Government. The setback shall be free of any leghold traps or any other type of animal trap that may cause injury to any person or pet. B. Establish a "trap free" zone which would extend one hundred yards from any parking or staging area located within the municipal limits of the Town of Vail. C. Establish a "trap free" zone of five hundred feet from the Town of Vail's municipal limits. 1 D. Establish a procedure which would permit the Regional Department of Wildlife agent to grant an exception to any of the above provisions when appropriate. INTRODUCED, READ, APPROVED AND ADOPTED this day of 1991. Kent R. Rose, Mayor ATTEST: Martha S. Raecker, Deputy Town Clerk CIRESOLU.19 2 . - r--~~~ WORK SESSION FOLLOW-UP August 30, 1991 Page 1 of 3 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 8/8/89 WEST INTERMOUNTAIN COUNCIL: Proceeding w/legal requirements Council is mulling over next step. ANNEXATION for annexation. (request: Lapin) 07/27 UNDERGROUND UTILITIES IN LARRY/GREG: Work with Holy Cross Cost estimate on per lot basis received; EAST VAIL Electric to establish special improvement engineering and bonding costs to be district(s) for underground utilities in added to this estimate. Calendar and East Vail. assessment options in preparation. To Council 9-10-91. - 12/18 MILLRACE CONDO. ASSN. KRISTAN: Respond. With foreclosure of property complete, LETTER follow-up on new contacts initiated. Betsy is doing research. Shelly/Gary to meet with Larry. 1/11/91 SNOW STORAGE RON/GREG: Work out site acquisition with Lease being renegotiated. Environmental VA. Complete design. assessment prior to lease being investigated. Discussions with CDOT proceeding for permission to use R.O.W. for berm. 05/07 VA/2o SALES TAX COLLECTIO LARRY/STEVE: Research remedies to change Research is underway. Larry to get any (request: Gibson/Lapin) this to a mandatory TOV tax collection. legal information needed to Steve. To be done when budget work sessions are completed (mid-October). 05/14 IMPROVEMENTS TO MULTI- KRISTAN: What incentives can the TOV 7-9-91 memo from Community Development FAMILY BUILDINGS provide to condominium/townhouse associa- discussed with Council. Further input on (request: Fritzlen/Lapin) tions to initiate/expedite this process? updated California legislation to follow Investigate what California and Hawaii when it is received. have on their books. WORK SESSION FOLLOW-UP August 30, 1991 Page 2 of 3 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 05/14 VIEW CORRIDORS KRISTAN: Research additional corridors Long-term project to be brought to Council to be legislated. within next 6 months. 06/04 EAST VAIL BIKE PATH GREG: What was the final resolution of Council and DRB approved new design. (request: Steinberg) the bike path at the far east end of Negotiations and CDOT review underway. Bighorn? North or south side access? DRB approval with conditions 8-21-91. At least one lane must be swept and open for the 9-7-91 race featuring Greg LeMond. 07/02 SHOSHONE WATER RIGHTS RON: Speak with Warren Garbe to clarify _ Have talked with Warren Garbe and will set TRADE issues and establish procedure for future date for meeting. (request: Lapin) talks. 07/09 SNOW REMOVAL ON PRIVATE LARRY: Research ordinance. Ordinance already on TOV books regarding PROPERTY individual's responsibility to clear sidewalks. Wording to the effect this is a "negligent act" if left undone within a certain timeframe to be added. To be done by 10-91. 07/16 INVESTIGATE SUMMIT LINFIELD: Pursue. Will meet with appropriate officials. COUNTY BIKE PATHS 08/06 TOUR OF PUBLIC WORKS BARWICK: Schedule tours prior to To be scheduled. ADMIN. BUILDING start of budget discussions. 08/20 REVISE ORDINANCE ON LARRY: Recommend revisions for To be done by 10-15-91. BIDDING REQUIREMENTS bidding process. (request: Rose) • WORK SESSION FOLLOW-UP August 30, 1991 Page 3 of 3 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 08/27 SALES TAX ISSUES SALLY LORTON: Rob stated a new funding source has recently been discovered, i.e., local sales tax should be collected on "guest" phone calls. Kent asked if it was proper to collect sales tax on phone repair work done outside the home, i.e. a $50.00 charge for a service rendered.