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HomeMy WebLinkAbout2005-02-01 Support Documentation Town Council Work SessionTOWN COUNCIL WORK SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 1:00 P.M., TUESDAY, FEBRUARY 1, 2005 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. Rod Slifer TEM/TOPIC: Site Visits. Vail Mountain School and Vail Village Bill Gibson Inn. (1 % hrs.) 2. George Ruther ITEMITOPIC: PEC/DRB Update. (10 min.) 5. George Ruther ITEM/TOPIC: Information update on the progress of converting Lionshead Place to a private access way. (15 min.) ACTION REQUESTED OF COUNCIL: Inform staff and the applicant of any issues or questions that the Town Council may have at this time. BACKGROUND RATIONALE: On September 27, 2004, the Town of Vail Planning & Environmental Commission approved a major exterior alteration application allowing for the construction of the Lionshead Core Site Hotel. In approving the application, the Commission conditioned their approval on the applicant securing appropriate approvals to convert Lionshead Place to a private access way. 5. Bill Carlson ITEM/TOPIC: Discussion of First Reading of Ordinance No. #3, Series of 2005, an ordinance amending Section 12-11-4, Materials to be Submitted; Procedures, Section 12-11-6, Park Design Guidelines, and Section 14-6, Grading Standards, Vail Town Code, and setting for details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. #3, Series of 2005, on first reading. BACKGROUND RATIONALE: On November 23, 2004, the Planning and Environmental Commission voted 7-0 to forward a recommendation of approval for the proposed text amendments to the Town of Vail's erosion control and storm water quality standards. 6. Charlie Davis ITEM/TOPIC: Discussion of Reading of Ordinance No. #4, Series of 2005, an ordinance repealing and reenacting Chapter 10-1, Building Codes, Vail Town Code; adopting by reference the 2003 Editions of the International Building Code, International Residential Code, International Fire Code, International Mechanical Code, International Plumbing Code, International Fuel Gas Code, International Energy Conservation Code; 2002 Edition of the National Electrical Code; and. with regard to the above- described codes, adopting certain appendices, setting forth certain amendments thereto, and setting for details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 4, Series of 2005, on first reading. BACKGROUND RATIONALE; On January 24, 2005, the Town of Vail Building and Fire Code Board of Appeals forwarded a recommendation of approval to the Town Council for the proposed text amendments. 7• ITEM/TOPIC: Information Update. (10 min.) $• ITEM/TOPIC: Matters from Mayor & Council. (10 min.) 9. George Ruther ITEM/TOPIC: Executive Session. Pursuant to 24-6-402 (4) (a) (e). Real Property & Negotiations. (20 min.) 10. ITEM/TOPIC: Adjournment. (4:10 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 12 NOON, TUESDAY, FEBRUARY 15, 2005 IN THE VAIL TOWN COUNCIL CHAMBERS. Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING _,. ,• January 24, 2005 1Dttr"1' OF VnIL PROJECT ORIENTATION -Community Development Dept. PUBLIC WELCOME 12:00 pm MEMBERS PRESENT Chas Bernhardt Doug Cahill Anne Gunion Bill Jewitt Rollie Kjesbo George Lamb David Viele MEMBERS ABSENT Site Visits: 1. Vail Village Inn - 100 East Meadow Drive 2. Reiss Residence - 2672 Cortina Lane 3. Concert Hall Plaza Building - 616 West Lionshead Circle 4. Treetops - 450 East Lionshead Circle 5. Vail Mountain School - 3000 Booth Falls Court 6. Chamonix, Tract D 7. Spraddle Creek Estates - 1094 Riva Glen Driver: George NOTE: If the PEC hearing extends until 6:OOp.m., the Commission may break for dinner from 6:00-6:30p.m. Public Hearing -Town Council Chambers: 2:00 pm 1. A request for a recommendation to the Vail Town Council for a major amendment to a special development district (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 6, Village Inn Plaza, to increase the total allowable gross residential floor area (GRFA) within the district, located at 100 East Meadow Drive (Vail Village Inn), Lots M and O, Block 5D, Vail Village 1ST Filing, and setting forth details in regard thereto. Applicant: Luc Meyer, represented by Fritzlen Pierce Architects Planner: Bill Gibson ACTION: Approved with conditions MOTION:. Kjesbo SECOND: Viele VOTE: 7-0-0 CONDITIONS: 1. Approval of this major amendment to Special Development District (SDD) No. 6, Vail Village Plaza, shall be contingent upon Town of Vail approval of the related design review application. 2. Prior to the issuance of a building permit for this major amendment to Special Development District (SDD) No: 6, Vail Village Plaza, the applicant shall submit a construction staging plan to the Town of Vail Public Works Department for review and approval. 3. Prior to the issuance of a temporary or final Certificate of Occupancy for this major amendment to Special Development District (SDD) No. 6, Vail Village Plaza, the applicant shall amend the Condominium Map for the Vail Village Plaza Condominiums, pursuant to Chapter 13-6, Condominium and Townhouse Plats, Vail Town Code. A note shall be placed on the plat identifying the parking spaces dedicated to Units 16, 17, and 29, Vail Village Plaza Condominiums. 4. Prior to the issuance of a temporary or final Certificate of Occupancy for this major amendment to Special Development District (SDD) No. 6, Vail Village Plaza, the applicant shall construct and/or fund that portion of the East Meadow Drive Streetscape improvements to be constructed in accordance with the Town of Vail Streetscape Master Plan (see Attachment E). Bill Gibson presented the project according to the memorandum Bill Pierce, from Fritzlen Pierce Architects, remarked upon the similarity of this application with the proposal which was previously approved at the Alpenrose. Doug Cahill asked about landscaping which was a necessary part of the approval. Bill Pierce commented that all streetscape improvements and landscaping would be completed in front of the store and to the steps at the north portion of the site. The Commission asked if.there were any guarantees that parking was being provided for these uses. Bill Gibson finished by stating that one of the conditions of approval included the amendment of the plat to reflect the dedicated use of parking for this proposed unit. 2. A request for a final review of a conditional use permit, pursuant to Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a temporary business office, located at 450 East Lionshead Circle (Treetops Building), Lot 6, Lionshead Filing 1, and setting forth details in regard thereto. Applicant: Vail resorts, represented by Braun Associates, Inc. Planner: Bill Gibson ACTION: Approved with conditions MOTION: Kjesbo SECOND: Lamb VOTE: 7-0-0 CONDITIONS: 1. This conditional use permit for a temporary business office, located at 450 East Lionshead Circle (Treetops commercial building), shall become valid on April 1, 2005. 2. This conditional use permit for a temporary business office, located at 450 East Lionshead Circle (Treetops commercial building), shall be valid until January 24, 2008, subject to an annual review, on or before January 15` of each year, by the Planning and Environmental Commission to verify compliance with the conditions of approval. Vail Resorts shall submit applications to the Town of Vail Department of Community Development in accordance with the Department of Community Development's submittal deadlines for each annual review. 3. On any date prior to January 24, 2008, this conditional use permit for a temporary business office, located at 450 East Lionshead Circle (Treetops commercial building), shall expire upon the issuance of a temporary or final Certificate of Occupancy for the Lionshead Core Site (The Arrabelle at Vail Square) or the North Day Lot office building, whichever occurs first. 4. This conditional use permit for a temporary business office, located at 450 East Lionshead Circle (Treetops commercial building), shall only allow for a temporary business office use as defined by Ordinance No. 26, Series of 2004." Bill Gibson introduced the project according to the memorandum. Bill Jewitt inquired about plans to screen the offices which will now be quite visible to the bystander/pedestrian. Jay Peterson responded that blinds or another sort of visual mitigation would be installed. The Commissioners made the decision to simultaneously discuss and approve item numbers two and three. 3. A request for a final review of a conditional use permit, pursuant to Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a temporary business office located at 616 W. Lionshead Circle (Concert Hall Plaza Building), Lionshead Filing 4, and setting forth details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Elisabeth Eckel ACTION: Approved amended conditions MOTION: Kjesbo SECOND: Lamb VOTE: 7-0-0 CONDITIONS: 1. This conditional use permit for a temporary business office, located at 616 W. Lionshead Circle (Concert Hall Plaza Building), shall become valid on April 1, 2005. 2. This conditional use permit for a temporary business office, located. at 616 W. Lionshead Circle (Concert Hall Plaza Building) shall be valid until January 24, 2008, subject to an annual review, on or before January 1St of each year, by the Planning and Environmental Commission to verify compliance with the conditions of approval. Vail Resorts shall submit applications to the Town of Vail Department of Community Development in accordance with the Department of Community Development's submittal deadlines for each annual review. On any date prior to January 24, 2008, this conditional use permit for a temporary business office, located at 616 W. Lionshead Circle (Concert Hall Plaza Building) shall expire upon the issuance of a temporary or final Certificate of Occupancy for the Lionshead Core Site (The Arrabelle at Vail Square) or the North Day Lot office building, whichever occurs first. 3. This conditional use permit for a temporary business office, located at 616 W. Lionshead Circle (Concert Hall Plaza Building), shall only allow for a temporary business office use as defined by Ordinance No. 26, Series of 2004. 4. The applicant (or associated users of the Concert Hall office spaces) shall ensure that the parking access and availability for Landmark Townhomes is never impeded. Discontent related to parking on behalf of Landmark shall be reason for the applicant to erect a gate to discontinue such impediment, subject to approval of a design review application. George Lamb suggested that an additional condition be added to the application that reflected respect of parking for the Landmark Townhomes. Geoff Wright, the manager of the Landmark Townhomes, mentioned that some discussion had occurred with Vail Resorts regarding the provision of adequate parking and that Vail Resorts had assured him that a gate could be installed which would deter illegal parking on his property. Doug Cahill finished by stating his concerns about illegal parking and keeping the loading zones free of parking for the duration of the conditional use permit. 4. A request for a site coverage variance, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a variance from Section 12-21-14, Hazard Regulations, Vail Town Code, to allow for site coverage in excess of 15% of the total site area on a lot with excessive slopes, located at 2672 Cortina Lane, Lot 8, Block B, Vail Ridge Subdivision and setting forth details in regard thereto. Applicant: Helmut Reiss, represented by Isom and Associates Planner: Elisabeth Eckel ACTION: Denied MOTION: Kjesbo SECOND: Jewitt VOTE: 5-2-0 (Viele, Bernhardt opposed) Elisabeth Eckel presented an overview of the staff memorandum. Todd, from Isom and Associates, and Helmut Reiss, the applicant, further presented the proposal. Bill Pierce, Vail resident and local architect, commented that allowable site coverage should not be reduced for lots with steep slopes. He recommended that the Town's regulations should be revised and amended. Anne Gunion also recommended possible revisions to the code, but stated that she could not now find a hardship or special circumstance to justify the proposed variance. David Viele expressed his support for this and other similar variances. Chas Bernhardt believed the intent of the provision limiting site coverage on steep slopes was to prevent unnecessary site disturbance and did not believe that the granting of this variance would result in unnecessary disturbance. Commissioners Jewitt, Kjesbo, Lamb, and Cahill agreed with Commissioner Gunion. Helmut Reiss commented that these homes were a signature design within West Vail and re- stated his desire to expand his home. . 5. A request for final review of a minor amendment to an approved development plan, pursuant to Section 12-9C-5, Development Standards, Vail Town Code, for the Vail Mountain School, located at 3000 Booth Falls Court, Lot 1, Vail Mountain School Subdivision, and setting forth details in regard thereto. Applicant: Vail Mountain School, represented by Mauriello Planning Group, LLC Planner: Matt Gennett ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Lamb VOTE: 7-0-0 1. That the applicant submits a design review application to staff for the new landscape plan which adequately screens the parking area from all sides with appropriate vegetation and that approval is granted for the new landscape plan prior to the issuance of a TCO. Matt Gennett presented the project according to the memorandum. Bill Jewitt commented that the proposal must assure screening of the parking for the benefit of the neighbors to the north. He wanted to clarify that the intent of the landscaping regulations were maintained through this proposal. Doug Cahill asked if Staff had communicated their concerns to the applicant, which Matt Gennett answered affirmatively. Dominic Mauriello, the applicant's representative, explained some of the problems with the previous landscaping plan. He commented on the improved automobile circulation and snow removal capabilities that would result from the proposal. Alan Scott, a resident on Booth Falls Court, communicated his concerns regarding the visual impact of the parking lot. The lighting proposed for the parking lot should not unduly reflect on neighboring property owners and he encouraged the Commission to address the issue. Dominic Mauriello clarified that some of the lighting would be moved closer to the berm and the remaining light fixtures would not remain lit into the night. In sum, he requested that the applicant be provided the freedom to arrange the landscaping elsewhere on the site as long as the development standards remain satisfied. Bill Jewitt requested that the Design Review Board be given. the authority to approve an appropriate landscaping plan. Rollie Kjesbo stated that this plan was superior to the original proposal. George Lamb requested that Staff review with neighboring property owners' issues such as lighting. David Viele suggested that the lot's exit be made bigger. Rollie Kjesbo answered that exiting onto the Frontage Road wasn't the main problem. Doug Cahill requested that further attention be paid to lighting, with respect to the neighboring property owners: 6. A request for a final review of an amendment to an approved development plan, pursuant to Section 12-7H-7, Exterior Alterations or Modification, Vail Town Code, for the Lionshead Core Site Hotel, located at 616 Lionshead Circle/Lot 4, Block 1, Tracts D, H, and C, Lionshead Filing 1 •and Lot 2, Block 1, Tracts H, G, and C, Lionshead Filing 3, and setting forth details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: George Rrther ACTION: Approved with conditions MOTION: Kjesbo SECOND: Lamb VOTE: 7-0-0 The Developer shall address the following conditions of approval prior to final review of the development applications by the Town of Vail Design Review Board: 1) That the Developer identifies a new location for• publicly accessible restrooms on or near the development site. The new location shall be identified on a revised set of floor plans which shall be submitted by the applicant to the Town of Vail Community Development Department for review and approval. 2) That the Developer submits a complete Design Review Board application to the Town of Vail Community Development Department. The Developer shall address the following conditions of approval prior to applying for a building permit for the improvements from the Town of Vail Community Development Department: (note: A grading plan shall constitute a building permit.) 1) That the Developer addresses the red-lined corrections on the proposed grading and drainage plans and submits a revised final grading and drainage plan for final review and approval by the Town of Vail Public Works Departrrient. 2) That the Developer submits a complete set of civil engineered drawings of the Approved Development Plans including the required off site improvements, to the Town of Vail Community Development Department for review and approval of the drawings. It is acknowledged that final DRB approval of streetscape improvements is not required prior to VR making application for building permit. It shall be noted that the review of the civil engineered drawing may take up to six months to review and approve. 3) That the Developer submits written letters of approval from all adjacent and/or affected property owners whose property is being physically impacted or altered (ie, Montauk, Lionshead Arcade, Antler's, ,Lions Square Lodge, Landmark, etc.) as a result of the construction of the Lionshead Core Site Hotel, as depicted on the Approved Development Plan, to the Town of Vail Community Development Department for review and approval. 4) Tha~tfic-~c~/~9~e~' +ho ronoi~ioc finl+l ~+n.,rn~i'+I The approved Development Agreement between the Town of Vail and VR has approved in concept the conveyance of Town-owned land to VR and stipulates that the conveyance of this land shall occur concurrent with the issuance of a building permit. VR shall submit a major subdivision application as necessary to create the parcels to be conveyed. prior to making application for building permit and such major subdivision application shall be reviewed and approved by the Town prior to issuance of a building permit. 5) That the Developer receives final approval from the Vail Town Council for how the ownership, maintenance and other aspects of improvements proposed within the Lionshead Place public right-of-way will be handled. Said approvals may involve the conveyance of the public right of way existing beneath Lionshead Place or in some other manner as approved by the Town Council. Should the Developer be unable to secure a final approval from the Town Council, the Developer may submit a revised major exterior alteration application to the Town of Vail Community Development Department for review and approval by the Town of Vail Planning and Environmental Commission. 6) That the Developer submits revised plans to the Town of Vail Community Development Department for final review and approval of the Town of Vail Public Works Department addressing each of the comments summarized in the letter from Greg Hall, Public Works Director, to George Ruther, Chief of Planning, dated September 23, 2004. A copy of the letter has been attached for reference. 7) That the Developer submits a complete application for a variance from the adopted public streets design standards outlined in Title 13, Subdivision Regulations, Vail Town Code, to allow for the construction of a new street which deviates from the minimum design standards, for review and approval by the Town of Vail Planning and Environmental Commission. The Developer shall address the following conditions of approval prior to the issuance of a building permit by the Town of Vail Community Development Department: (note: A grading permit shall constitute a building permit.) 1) That the Developer finalizes the Rental Program Proposal and then enters into a written agreement with the Town of Vail that is recorded with the Eagle County Clerk & Recorder's Office, which requires that the Rental Program Proposal is implemented and fully adhered to by the applicant and its assigned and successors for a period of not less then 20 years from the date of the issuance of a temporary certificate of occupancy. The final Rental Program Proposal shall be reviewed and approved by the Vail Town Council following a recommendation on the proposal from the Town of Vail Planning and Environmental Commission. 2) That the Developer submits a Construction Staging Plan to the Town of Vail Community Development Department for the review and approval of~ the proposed staging plan by the Town of Vail Public Works Department. 3) That the Developer prepares a Lionshead Core Site Hotel Art in Public Places Plan. for review and comment by the Town of Vail Art in Public Places Board. Said Plan shall include the funding for a minimum of $1,000,000 in public art improvements to be developed in conjunction with Lionshead Core Site Hotel. The implementation of the Plan shall be completed within two years of the date of the issuance of a temporary certificate of occupancy for the Lionshead Core Site Hotel improvements. 4) That the Developer shall be assessed a transportation impact fee in the amount of $5,000 per increased vehicle trip in the peak hour generated (61 trips), or $305,000, as a result of the Lionshead Core Site Hotel improvements. The fee shall be paid by the Developer. At the sole discretion of the Town of Vail Public Works Director, said fee may be waived in full, or part, based upon the completion of certain off-site improvements. 5) That the Developer prepares a Developer Improvement Agreement for Off-Site Improvements, as depicted on the Approved Development Plan, for review and approval by the Vail Town Council. Upon approval of the Agreement, the Developer and the Town of Vail shall legally execute the Agreement. 6) That the Developer receives final approval of the major subdivision application and records the final plat with the Eagle County Clerk & Recorder's Office as contemplated above. The Developer shall address the following conditions of approval prior to the issuance of a temporary certificate of occupancy (TCO) for any of the Lionshead Core Site Hotel improvements: 1) That the Developer provides deed-restricted employee housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of 3~ 20 employees, and that said restrictions shall be made available for occupancy. In addition, the deed-restrictions shall be legally executed by the Developer and duly recorded with the Eagle County Clerk & Recorder's Office. 2) That the Developer submits an application for the establishment of View Corridors #4 and #5 as contemplated by the Lionshead Redevelopment Master Plan to the Town of Vail Community Development Department for review and approval by the Vail Town Council. The Developer shall address the following conditions of approval prior to the issuance of a final certificate of occupancy (CO) for any of the Lionshead Core Site Hotel improvements: 1) That the Developer prepares easement agreements for the review and approval of the Town of Vail for all necessary easements (ie, utilities, pedestrian access, ingress/egress, drainage, maintenance, emergency vehicle access, fire lane, signage, etc.) in and around the development site as generally depicted on the Approved Development Plans and major subdivision plat. The easement agreements shall be legally executed by the Developer and duly recorded with the Eagle County Clerk & Recorder's Office. 2) That the Developer executes a Memorandum of Understanding for the Operation, Maintenance, and Management of the Lionshead Core Loading and Delivery Facility, to be located on the development site beneath the Lionshead Core Site Hotel. The Memorandum shall be reviewed and approved by the Vail Town Council following a recommendation on the proposal from the Town of Vail Planning and Environmental Commission. 3) That the Developer agrees to design and construct all required streetscape improvements within the defined area of work, as generally depicted on the Off Site Improvements Plan. The Developer acknowledges that the final design of the improvements has not yet been approved by the Town of Vail Design Review Board and that the proposed plan may be subject to change. The following condition of approval shall be placed upon the operation of the Private Skier Club in the Lionshead Core Site Hotel: 1) That the maximum number of Private Skier Club members shall not exceed 100 full members and 16 partial members and the maximum number of private parking spaces dedicated to the full members use shall not exceed 100 spaces. A full member shall be .defined as a ski club member entitled to full parking, spa, and members club services. A partial member shall be defined as a ski club member entitled to full spa and members club services with no rights to on-site parking. George Ruther presented the project according to the memorandum The Commissioners asked about the differences between a private versus a public road. Tom Kassmel, the Town Engineer, stated that the Town's Development Standards for a public roadway would not be able to be met at this location. IssuE;s such as grade, turn around radii, and vertical and horizontal curves would not be in compliance if the proposal remained for the street to be a public, instead of a private, roadway. George Ruther suggested that Staff and the applicant spend more time with the plans, clarifying the remaining issues. Jay Peterson reiterated the problems that had arisen with neighboring property owners, particularly the worry about the loss of public access should the street become privately owned and mairitained. Tom Braun commented that space in that area was at a premium due to the combination of loading/delivery access and porte-cochere access. Anne Gunion added that more concerns must exist from Public Works' perspective than were currently being discussed. The applicant agreed that more discussions with Staff and related departments must occur about public versus private street ownership. Tom Kassmel clarified that public roadways were not anticipated to be heated due to expense and other lasting ramifications. Doug Cahill asked about the ramifications of the proposal on employee housing units. George Ruther responded that research had been conducted regarding the multiplying factor of EHU's for this development site. He stated that the confusion presented a need for the Town to clarify the multiplier for Employee Housing Units. Tom Braun, the applicant's representative, communicated his initial surprise at Staff's use of the employee housing multiplier, since Staff had used a stricter multiplier than he had expected. He requested fair and equal treatment from the Planning and Environmental Commission as other applicant's with similar proposals had been granted. George Ruther requested that some recommendation be made to the Town Council regarding a codified employee housing requirement. Anne Gunion'asked the applicant what type of employee housing was being proposed and George Ruher responded that discussions were ongoing between Staff and the applicant on this issue. David Viele asked if all of the for sale units had been sold, which the applicant answered affirmatively. Bill Jewitt asked what the prompted the move from two and three bedroom units to five bedroom units. Jay Peterson responded that there was a huge demand for every type of unit. Additionally, some thought was being given to providing more lock-offs within each condominium unit. Rollie Kjesbo asked how soon a tentative plan could be presented to Council. Jay Peterson responded that the major delay would occur' in dealings with the neighboring property owners. George Lamb expressed no concerns with the change in configuration and stressed the uniqueness of these public/private negotiations. He added that the ability to offset some of the expenses of an Association through the creation and flexibility of more lock-off opportunities was a good idea. Doug Cahill encouraged the applicant's further collaboration with Staff; particularly in regard to condition number five. 7. A request for a work session to discuss the proposed Chamonix Parcel Master Land Use Plan pursuant to Chapter VIII, Section 3, Town of Vail Land Use Plan, for the Chamonix Parcel located at Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. Applicant: Town of Vail Planner: .Matt Gennett Worksession: no vote Matt Gennett introduced the worksession according to the memorandum Hank ?, a local homeowner, suggested that aself-storage facility of some sort be considered in the form of a conditional use for the site. He affirmatively answered David Viele's question regarding whether he held a business interest in the site. Matt Gennett commented that retail and commercial uses had been discouraged due to impacts on the site and increased traffic. The site had been intended for medium density residential . uses, he continued. Doug Cahill said that Hank's suggestion would be taken into consideration. Bill Jewitt asked about the access to the recreational space. Matt Gennett responded that the recreational space would be accessed internally and would likely be used mostly by residents within the development. Bill also asked about the possibility of housing for the firemen who might be employed on the site and about the possibility of locating new Town offices there. Matt responded that site constraints, particularly in the form of steep slopes, would be the most limiting factors at this site. Rollie Kjesbo agreed that this would be the perfect location for a fire station. Regarding residential uses, the slopes would definitely direct the development,`and agood integration of affordable and market housing on the site would be preferred. He wanted to ensure that the fire department employees were well supplied for onsite as well. George Lamb felt encouraged that the site was being discussed and given input. Anne Gunion expressed some concern over the easement at the Shell station, particularly in regard to circulation. The West recreational space did not look particularly feasible as a recreational space due to the slopes, she finished. Mitch ?, from Davis Partnership, replied that the optional access easement had been studied as an option for the fire trucks. Some attention had been paid to creating an optional cul-de-sac as well. The reasoning behind the two areas of recreational spaces resulted from the steep slopes on the site and weren't necessarily defined yet as passive or active recreational spaces. David Viele stated that his impression was one of crowding, with too many uses proposed for too small a site. The recreation that already existed behind Chamonix Lane (the North Trail system) was more than enough for the area. He added that additional ingress/egress points to Chamonix Road might be problematic, especially during inclement weather. Furthermore, additional employee housing may not be necessary in the Town. Chas Bernhardt agreed with Mr. Viele regarding the seemingly "crowded" proposal. He asked Pam Brandmeyer if the funds which were earmarked for a West Vail Fire Station, were still in place. Pam Brandmeyer replied that they were never actually ??'???????????? Kim Ruotolo commented that eighteen dwelling units per acre was the maximum amount allowed on the site, but it was likely that the density would not be that high. Throughout numerous summer meetings, much input had been garriered from neighbors and concerned residents within the Town. Doug Cahill agreed that the project was proceeding in the right direction. If the access easement was utilized, the lack of landscaping that would result would not be visually beneficial. The open space buffers near Chamonix Lane would be a positive addition, however. He asked Russ Forrest about the zoning at Ellefson Park, which was guessed to be Residential Cluster. He encouraged further participation and input from the neight~ors. Commercial uses, even as conditional uses, were likely not appropriate for this site. He finished by stating the priority of erecting a fire station on this site. 8. A request for a revision to a final plat, pursuant to Section 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend a plat restriction to allow for additional gross residential floor area, located at 1094 Riva Glen/Lot 4, Spraddle Creek Estates, and setting forth details in regard thereto. Applicant: W&B Development, LLC, represented by Tim Losa, Zehren and Associates, Inc. Planner: Matt Gennett ACTION: TABLED TO FEBRUARY 14, 2005 MOTION: Lamb SECOND: Jewitt VOTE: 7-0-0 9. Approval of January 10, 2005 minutes , ACTION: Approved MOTION: Lamb SECOND: Jewitt VOTE: 7-0-0 10. Information Update • Crossroads Update • Training Needs? 11. Adjournment: 4:50pm MOTION: Lamb SECOND: Kjesbo VOTE: 7-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published January 21, 2005, in the Vail Daily. .~-0., DESIGN REVIEW BOARD AGENDA a January 19, 2005 fr»r~~~~i~ ~ 3:00 P.M. ~~1~ PUBLIC MEETING PUBLIC WELCOME PROJECT ORIENTATION /LUNCH -Community Development Department MEMBERS PRESENT Pete Dunning Joe Hanlon Bill Pierce SITE VISITS 1. Reiss Residence - 2672 Cortina Lane 2. Crossroads - 141 and 143 East Meadow Drive 3. Meyer Residence - 100 East Meadow Drive 4. Gagner Residence - 4284 Columbine Drive 4. Rogers Residence - 4812 Meadow Lane MEMBERS ABSENT Diana Mathias Margaret Rogers Driver: George 12:OOpm 2:OOpm PUBLIC HEARING -TOWN COUNCIL CHAMBERS ~ ~ 3:OOpm 1. Reiss Residence DR604-0627 Elisabeth Conceptual review of a residential addition 2672 Cortina Lane/Lot 8, Block B, Vail Ridge Applicant: Helmut Reiss, represented by Isom & Associates Conceptual review: no vote 2. Rogers Residence DRB04-0401 Bill Final review of new construction (single family with EHU) 4812 Meadow Lane/Lot 8, Block 7, Bighorn 5th Addition Applicant: Scott and Amy Rogers, represented by Larry Benway ACTION: Approved MOTION: Hanlon SECOND: Dunning VOTE: 3-0-0 3. Meyer Residence DR605-0003 Bill Conceptual review of exterior alteration 100 East Meadow Drive, Units 17 and 29/Village Inn Plaza Applicant: Luc Meyer, represented by Fritzlen Pierce Architects Conceptual review: no vote 4. Gagner Residence DRB05-0008 Elisabeth Final review of changes to approved plans (deck expansion) 4284 Columbine Drive, Unit D/Re-subdivision of Bighorn Lot 20, Streamside Duplexes Applicant: Tim Gagner ACTION: Approved with condition(s) MOTION: Hanlon SECOND: Dunning VOTE: 3-0-0 CONDITION(S): ~ 1. Prior to teMporary certifiicate of occupancy, the applicant shall ensure that the enclosure and related construction be painted to match the residence. 2. The applicant shall ensure that the railing style match either the railing style of the existing deck and railing OR be sided horizontally to match the siding style applied to the residence. Staff Approvals North Face Sign DR604-0622 Final review of a sign 193 East Gore Creek Drive/Block B, Vail Village Filing 1 Applicant: Edward Matalaso, represented Specialty Sports Matt Off Piste DRB05-0001 Matt Final review of a new sign 292 East Meadow Drive, Unit #2/part of Tracts B & C, Block 5, Vail Village Filing 1 Applicant: Mike Grant Children's Garden of Learning DR605-0007 Final review of a sign 129 North Frontage Road/Mountain Bell Applicant: Town of Vail and Children's Garden of Learning Bitlabong Store DRB05-0004 Final review of a sign 244 Wall Street/One. Vail Place Condominiums Applicant: Barbara Walker Children's Garden of Learning DR605-0009 Final review of changes to approved plans 129 North Frontage Road/Mountain Bell Applicant: Children's Garden of Learning/Town of Vail Hicks Addition DRB04-0624 Final review of a residential addition 330 Beaver Dam Circle/Lot 6., Block 3, Vail Village Filing 3 Applicant: David Hicks, represented by Slifer Designs Matt Matt Matt Elisabeth The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing Impaired, for information. MEMORANDUM TO: Town Council FROM: Community Development Department DATE: February 1, 2005 SUBJECT: Ordinance No. 3, Series of 2005, a request for text amendments to Section 12-11-4, Material To Be Submitted; Procedure, Vail Town Code, Chapter 14-2, Definitions, Vail Town Code, and Chapter 14-6, Grading Standards, Vail Town Code, and setting for details in regard thereto. Applicant: Town of Vail Planner: Bill Carlson, Environmental Health Officer I. DESCRIPTION OF THE REQUEST The Town of Vail is proposing text amendments to Section 12-11-4, Material To Be Submitted; Procedure, Vail Town Code, Chapter 14-2, Definitions, Vail Town Code, and Chapter 14-6, Grading Standards, Vail Town Code, to create stormwater quality standards and a stormwater quality permit system. II. BACKGROUND On November 8, 2004, the Planning and Environmental Commission voted 7-0 to forward a recommendation of approval to the Town Council of the proposed text amendments. The Commission's recommendation was based upon the review of the criteria noted in the November 8, 2004, staff memorandum and the evidence and testimony presented, with the findings noted in the November 8, 2004, staff memorandum. III. DISCUSSION At the November 8, 2004, the Planning and Environmental Commission public hearing, the proposed text amendments modifying the Town of Vail stream setback requirements were withdrawn. This issue will be addressed with the Planning and Environmental Commission at a future date. Therefore, the proposed ordinance has been reformatted since the November 8, 2004, Planning and Environmental Commission public hearing. IV: STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approves Ordinance No. 3, Series of 2005, on first reading to amend Section 12-11-4, Material To Be Submitted; Procedure, Vail Town Code, Chapter 14-2, Definitions, Vail Town Code, and Chapter 14-6, Grading Standards, Vail Town Code, and setting for details in regard thereto. Staff's recommendation is based upon the review of the criteria noted in the November 8, 2004, staff memorandum and the evidence and testimony presented. 1 Should the Town Council choose to approve Ordinance No. 3, Series of 2005, on first reading, the Community Development Department recommends the Town Council makes the following findings: 1. The amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and 2. The amendments further the general and specific purposes of the Zoning Regulations; and 3. The amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential-community of the highest quality. V. ATTACHMEPJTS Attachment A: Ordinance No. 3, Series of 2005 Attachment B: PEC memorandum dated November 8, 2004 t 2 ATTACHMENT A ORDINANCE N0.3 SERIES OF 2005 AN ORDINANCE AMENDING SECTION 12-11-4, MATERIAL TO BE SUBMITTED; PROCEDURE, VAIL TOWN CODE, CHAPTER 14-2, DEFINITIONS, VAIL TOWN CODE, AND CHAPTER 14-6, GRADING STANDARDS, VAIL TOWN CODE, AND SETTING FOR DETAILS IN REGARD THERETO. WHEREAS, land development projects and associated increases in impervious cover alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, and sediment transport and deposition; and WHEREAS this stormwater runoff contributes to increased quantities of water-borne pollutants, and stormwater runoff, soil erosion and non point source pollution can be controlled and minimized through the regulation or erosion control and stormwater quality associated with construction activities; and WHEREAS, the Environmental Protection Agency has promulgated regulations pursuant to Phase II of the National Pollutant Discharge Elimination System as part of the Clean Water Act, and has required the implementation of a stormwater quality ordinance in order to meet requirements of the stormwater discharge permit issued by the State of Colorado; and WHEREAS, soil erosion and stream channel erosion make necessary costly repairs to gullies, washed out fills, roads and embankments, and the resulting sediment clogs storm sewers and road ditches, leaves deposits of silt in streams, and is considered a significant water pollutant associated with stormwater runoff; and WHEREAS regulations limiting soil erosion and stream channel erosion are in the public interest and will prevent threats to public health and safety; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the development objectives of the Town of Vail; and Ordinance No. 3, Series of 2005 1 WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of these amendments at its November 8, 2004; meeting, and has submitted its recommendation to the Town Council; and WHEREAS, the Vail Town Council finds that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies 'outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and . WHEREAS, the Vail Town Council finds that the amendments further the general and specific purposes of the Zoning Regulations; and WHEREAS, the Vail Town Council finds that the arendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-11-4C, Preliminary And Final Design Review, Vail Town Code, shall hereby be amended as following additions: I~ i+n n+ r1i nhnrnn nliminn+i~~ n ~~in+nrc+ rnci it}inn frnm rlnvnlnmm~n+c• r•rnir•ir. r. +..~n /7\ nr mnrn nnrnn nhnll hn nrocnn}nr~ In line i of ci ir+h nnrmi+ 4hn • ~ n n s ~ o on}nhlinh nnrl mnir.+n n lin+ of of inh "nn i}innh ~n" mn~c~ ~rnc j. Stormwater Quality Permits: Refer to Chapter.l4-6, Grading Standards, of the Vail Town Code. Section 2. Chapter 14-2, Definitions; Vail Town Code, shall hereby be amended with the following additions: Ordinance No. 3, Series of 2005 2 BUFFER An area adjacent to a water body where land development or disturbance is restricted. When land disturbing activities are permitted within this area, BMPs or other mitigation must be used to minimize adverse impacts to the water body. COLORADO DISCHARGE PERMIT SYSTEM (CDPS) State of Colorado regulation (5 CCR 1002-61) and as amended which covers discharges from specific types of industries including construction sites, and storm sewer systems for municipalities as part of the Water Quality Control Division (Division) under the Colorado Department of Public Health and Environment (CDPHE). CONSTRUCTION ACTIVITY Construction activity includes clearing, grading and excavation activities. Construction does not include routine maintenance performed by public agencies, or their agents to maintain original line and grade, hydraulic capacity, or original purpose of the facility. CPESC Certified Professional in Erosion and Sediment Control. DEVELOPMENT All activities involving earth disturbance and requiring a building or grading permit, including but not limited to, commercial or industrial developments, single or multi-family housing, construction of structures, road and driveways, and installation of utilities. DISTURBED AREA That area of the land's surface disturbed by any work or activity upon the property by means including but limited to grading; excavating; stockpiling soil, fill, or other materials; clearing; vegetation removal; removal or deposit of any rock, soil, or other materials; or other activities which expose soil. Disturbed area does not include the tillage of land that is zoned for agricultural use. It also does not include performance of emergency work necessary to prevent or ameliorate an immediate threat to life, property, or the environment. Any person performing such emergency work shall immediately notify the Town Engineer of the situation and the actions taken. The Town Engineer may, however, require such person to obtain a stormwater quality permit to implement remedial measures to minimize erosion resulting from the emergency. DRAINAGEWAY. Any natural or artificial stream, swale, creek, river, ditch, channel, canal or other open watercourse. EROSION The process by which the ground surface is worn away by action of wind, water, gravity, or a combination of thereof. EROSION AND SEDIMENT CONTROL PLAN A plan to minimize erosion and on site sedimentation resulting from construction activities. The plan should include detailed information.about the site; planned construction activities and best management practices (BMPs) to implement that can minimize on-site erosion and transport of sediment off-site during construction. Ordinance No. 3, Series of 2005 3 FINAL STABILIZATION When all soil disturbing activities at the site have been completed, and uniform vegetative cover has been established with a density of at least'70 percent ofpre-disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. For purposes of this section, establishment of a vegetative cover capable of providing erosion control equivalent to pre-existing conditions at the site is considered final stabilization. LAND-DISTURBING ACTIVITIES Any mechanical activity which alters the surface of the earth and exposes the same to the elements of wind, water, or gravity. Land-disturbing activities include grading, filling, excavating, and soil storage. Agricultural activities are exempt from this definition. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) A system of conveyances owned and operated by the Town of Vail used in the collection, treatment or disposition of storm, flood or surface drainage waters, including manmade structures and natural watercourses and/or floodplains forthe conveyance of runoff, such as detention or retention areas, berms, swales, improved watercourses, channels, bridges, gulches, streams, rivers, gullies, flumes, culverts, gutters, pumping stations, pipes, ditches, siphons, catch basins, inlets, pumping plants and other equipment and appurtenances and all extensions, improvements, remodeling, additions and alternations thereof; and any and all rights or interests in such stormwater facilities, and which is not used for collecting or conveying sewage. OPERATOR The individual who has day to day supervision and control of activities occurring at the .construction site. This can be the owner, the developer, the general contractor or the agent of one of these parties, in some circumstances. It is anticipated that at different phases of a construction project, different types of parties will satisfy the definition of an "operator" and the pertinent portions of any applicable State of Colorado permit will be transferred as the roles change. PROPERTY OWNER The record owner of the property or properties, who is the responsible party for the Town of Vail stormwater quality permits. ORDINARY HIGH WATER MARK. The line between upland and bottomland which persists through successive changes in water levels, below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface of the soil and the vegetation. On an inland lake which has a level established by law, it means the high established level. Where water returns to its natural levels as the result of the permanent removal or abandonment of a dam, it means the natural ordinary high water mark. PERMANENT SOIL EROSION CONTROL MEASURES Those control measures which are installed or constructed to control soil erosion and which are maintained after completion of all grading and earth disturbance activities. Ordinance No. 3, Series of 2005 4 POINT SOURCE Any discernible, confined and discrete conveyance from which pollutants are or may be discharged. Point source discharges of stormwater result from structures, which increase imperviousness of the grourid which acts to collect runoff, with runoff being conveyed along the resulting drainage or grading pattern. RECEIVING WATER Any water of the State of Colorado into which stormwater related to construction activities discharges. RIPARIAN ZONE The area located betweens the water's edge of aquatic ecosystems (rivers, streams, lakes, ponds, springs and seeps) and upland areas, whose soils allow. for or tolerate a high water table, and provide sufficient moisture in excess of that otherwise available locally so as to provide a more moist habitat than that of contiguous floodplains and uplands. Riparian areas are composed of interacting assemblages of plants, animals and aquatic communities whose presence is either directly.or indirectly attributed to water-influenced orwater-related factors. Riparian areas produce a diversity of vegetative forms, sizes and species and a density of vegetation that makes them among the most productive habitats for wildlife. Areas exempt from this definition are manmade agricultural structures and devices such as irrigation ditches, sprinklers, and artificial ponds. v SPILL An unintentional release of solid or liquid material which may cause pollution of the MS4 or waters of the State. STORMWATER Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. STORfV1WATER MANAGEMENT PLAN (SWMP) A written plan to minimize pollutants in stormwater discharged from construction sites as required under the Colorado Discharge Permit System (CDPS) General Permit for stormwater Discharges Associated with Construction Activity. This plan includes a site description and map, identifies best management practices for implementation at the site and identifies maintenance and inspection requirements for these best management practices. STORMWATER QUALITY CONTROL PLAN . A plan to control pollutants transported in stormwater prior to pollutants entering waterbodies. stormwater quality control plans in the context of these regulations refer to post-development stormwater flows, rather than stormwater flows under construction conditions. stormwater Quality Control Plans should be based on best management practices (BMP's) such as avoiding direct discharge into waterbodies, minimizing directly connected impervious area, use of detention ponds, and other BMP's. TEMPORARY SOIL EROSION CONTROL MEASURES Interim control measures which are installed or constructed and maintained whenever grading or other earth disturbance is to occur for the purpose of control soil erosion until permanent soil erosion control is effected. Ordinance No. 3, Series of 2005 r.7 WETLAND Wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. For purposes of these regulations wetlands do not include areas that are saturated solely by the application of agricultural irrigation water. Manmade lakes and ponds built for the purpose of detaining runoff are not considered wetlands in the context of these regulations. Section 3. Chapter 14-6, Grading Standards, Vail Town Code, shall hereby be amended with the following additions: STORMWATER QUALITY PERMITS A. PURPOSE, INTENT, AND LIABILITY Purpose: The preservation of wetland and water areas, serves to prevent water quality degradation of Gory Creek and its tributaries and the several ponds in the Town of Vail. Protection of ecosystems, aquatic habitats, and wildlife habitats, especially habitats for state or federally designated threatened or endangered species, to preserve ground water recharge functions, and preserve natural flood plain control. 2. Intent: The intent of this chapter is to enhance the quality of water in the Town's drainage ways and subsequent receiving waters by establishing requirements for stormwater quality permits for construction and development, to prevent soil erosion and sedimentation from leaving construction activities within the Town in order to protect the vital, beneficial functions and values of wetlands, streams, and water bodies within the Town. 3. Liability: Any person who undertakes or causes to be undertaken any activity which involves disturbance of the land's surface shall ensure that soil erosion, sedimentation, increased pollutant loads and changed water flow characteristics resulting from the activity are controlled so as to minimize pollution of receiving waters. The requirements of this section are minimum standards and a person's compliance with the same shall not relieve such person from the duty of enacting all measures necessary to minimize pollution of receiving waters. B. PERMIT REQUIRED It shall be unlawful for any person to conduct any activity resulting in a total disturbed area of at least'/2 acre, without first obtaining a stormwater quality permit from the Town. Total disturbed area includes any land within a project that meets the definition of "disturbed area," whether or not such parcels are contiguous. The Town may also require a stormwater quality permit regardless of the size of the total disturbed area in conjunction with approval of a final subdivision plat, conditional use permit, or development plan. It shall be unlawful for any such person to fail to obtain a stormwater quality permit. Issuance of a permit by the Town of Vail does not exempt the parties from obtaining any permits required by the State of Colorado or the Federal Government. Ordinance No. 3, Series of 2005 6 C. PERMIT APPLICATION Persons required to obtain a stormwater quality permit shall complete and file with the Town an application on a form prescribed by the Town, in accordance with the requirements of this section with the building permit application prior to the beginning of construction activities. In support of the application, the applicant shall submit all information required on the Town's form and any additional information requested by the Town. A separate application shall be required for each stormwater quality permit along with plans,, specifications, and timing schedules for all earth disturbances. Where the permittee fails to submit any relevant facts in a permit application or report to the Town, the permittee shall promptly submit the relevant application information which was not submitted or any additional information which was not submitted or any additional information needed to correct any erroneous information previously submitted. D. PROCEDURE FOR REVIEW OF APPLICATIONS Unless otherwise stated in this regulation, the submission of an application for, determination of the completeness of, staff review of, and notice and scheduling of public hearings on all applications for storm water quality permits shall comply with the procedures this subsection. 1. Initiation. Applications for a stormwater quality permit shall be submitted to the Community Development Director and Town Engineer by the owner, or any other person having a recognized interest in the land for which the development is proposed, or their authorized agent. a. Applicant is Not the Owner. If the applicant is.not the owner of the land, or is a contract purchaser of the land, the applicant shall submit a letter signed by the owner consenting to the submission of the application. b. Applicant if Not the Sole Owner. If the applicant is not the sole owner of the land; the applicant shall submit a letter signed by the other owners or an association representing the owners consenting to or joining in the application for a stormwater quality permit. 2. Minimum Contents of Application. The application shall be submitted in a form established by the Town of Vail and made available to the public a. Determination of Completeness. The Community Development Director or Town Engineer shall determine if the application is complete and includes data in sufficient detail to evaluate the application to determine whether it complies with the appropriate substantive requirements of these Water Quality Protection Standards. b. Applicants' Identify. The applicant's name, mailing address, telephone and fax number. If the applicant is to be represented by an agent, a letter signed by the applicant granting power of attorney to the agent shall be submitted, authorizing the agent to represent the applicant and stating the representative's name, mailing address, telephone and fax number. c. Legal Description. The legal description and street address, if such exists, of the parcel on which stormwater quality controls are proposed to ~_ occur. ,~ d. Disclosure of Ownership. A disclosure of ownership of the property upon which the stormwater quality permit is proposed to occur, listing the names of all owners of the property, and all mortgages, judgments, liens, Ordinance No. 3, Series of 2005 7 easement, contracts and agreements that run with the land. The disclosure of ownership may be in the form of a current certificate from a title insurance company, deed, ownership and encumbrance report, attorney's opinion or other documentation acceptable to the Town Attorney. . e. Vicinity Map. An eight and one-half (8 '/z) inch by elevent (11) inch vicinity map, locating the subject parcel within the Town of Vail. f. Streamside zone setback delineation. A property which is shown to include a stream and/or wetland shall be required to provide a survey or dimensional site plan, drawn at an engineering scale of 1:20, showing property lines, buildings and any points of reference from the streamside zone setback to the Town of Vail. g. Written Description. A written description of the .proposal and an explanation in written, graphic or model form of how the proposed development complies with the stormwater quality standards regulation. h. Environmental Impact Report, when applicable. i. Adjacent Property Owners. A list of all property owners, compiled by the applicant using the most recent Eagle County tax rolls, is required for ail applications and shall be submitted to the Community Development Director as part of the application for development. In addition to submitting a written list, the applicant shall also submit the addresses on adhesive labels or in the form of pre-addressed envelopes. j. Detemined Incomplete. If the Cammunity Development Director or Town Engineer determines the application is incomplete, a written notice shall be mailed to the applicant specifying the application's deficiencies. No further action shall be taken on the application until the deficiencies are remedied. If the applicant fails to correct the deficiencies within sixty (60) calendar days, the application shall be considered withdrawn and returned to the applicant. The applicant may appeal the Community Development Director's determination to the Planning and Environmental Commission (PEC) pursant to Section III (A) (1)of these Water Quality Protection Standard Regulations. E. PERMIT ISSUANCE/DENIAL The Town shall have up to ten (10) working days after receipt of the complete application to request additional information and/or deny the permit. Upon receipt of the corrective information, the Town shall have an additional ten working days to issue or deny the permit. If a permit is denied, the applicant shall be notified of such in writing. The notification shall set forth the grounds for denial and inform the applicant of what corrective actions must be taken to obtain a permit. An applicant may appeal the denial in writing to the PEC no later than thirty calendar days from the date of issuance denial. The appeal must set forth the grounds for the appeal and include any documents in support of the applicant's appeal. The PEC shall within thirty (30) calendar days of receipt of an appeal rule on the matter based solely upon review of the application, denial, appeal, and all documents related thereto. The parties shall receive written notice of the PEC's decision. Ordinance No. 3, Series of 2005 8 F. STORMWATER MANAGEMENT PLANS A Stormwater Management Plan (SWMP) is required to be submitted with the application and shall be prepared in accordance with all of the requirements of the most recent SWMP guidance document prepared by the CDPHE and good engineering, hydrologic and pollution control practices. Prior to commencement of construction activities, the SWMP shall be implemented for the construction site covered by the permit. Signatory Requirements. All plans shall be signed and certified for accuracy by the operator. SWMP Review/Changes. The operator shall amend the plan whenever there is a significant change in design, construction, operation, or maintenance, which has a significant effect on the potential for discharge of pollutants to the MS4 or receiving waters, or if the SWMP provides to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with construction activities. G. RESPONSIBILITY OF PERMITTEE During construction activities the permittee shall be responsible for: 1. The prevention of damage to any public utilities or service within the limits or grading and along any routes of travel of the equipment; 2. The prevention of damage to adjacent property (No person shall grade on land so close to the property line as to endanger any adjoining public street, sidewalk, alley, or any public or private property without supporting and protecting such property from settling, cracking, or other damage which might result); 3. Carrying out the proposed work in accordance with the approved SWMP and in compliance with all the requirements of the permit and this section; 4. The prompt removal of all soil, miscellaneous debris, materials applied, dumped, or otherwise deposited on public streets, highways, sidewalks, or other pubic thoroughfares or any other non-authorized offsite location, during transit to and from the construction site, or otherwise, where such spillage constitutes a public nuisance, trespass or hazard in the determination of the Town Engineer or a Court of competent jurisdiction; and 5. In addition to the actual construction activities; the following types of activities must be evaluated for the reasonable potential for contributing pollutants to runoff: loading and unloading operations, outdoor storage activities; vehicle and equipment maintenance and fueling; significant dust or particulate generating processes; and on-site waste disposal practices. H. GENERAL REQUIREMENTS 1. Stormwater discharges from construction activities shall not cause or threaten to cause pollution, contamination or degradation of water of the State; 2. Based on an assessment of the potential of various sources at the site to contribute pollutants to stormwater, the SWMP shall include a description of reasonable and appropriate control measures that will be implemented at the site; 3. All temporary erosion control facilities intended to control erosion and sediment of any earth disturbance operation shall be installed before any construction ~ activities take place; Ordinance No. 3, Series of 2005 9 4. The selection, design and installation of appropriate structural and nonstructural BMPs must be done in accordance with the latest version of the Urban Drainage and Flood Control District's Urban Storm Drainage Criteria Manuals (Vol. 3); 5. Any earth disturbance shall be conducted in such a manner so as to effectively reduce accelerated soil erosion and resulting sedimentation. 6. All earth disturbances shall be designed, constructed and completed in such a manner so that the exposed area of any disturbed land shall be limited to the shortest possible period of time; 7. Sediment caused by accelerated soil erosion shall be minimized from ruraoff water before it leaves the site of the disturbed area; 8. Any temporary or permanent facility .designed and constructed for the conveyance of water around, through, or from the earth disturbance area shall be designed to limit the water flow to anon-erosive velocity; 9. Construction site operators shall control waste such as but not limited to discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. 10. All discharges authorised by the Town shall be composed entirely of stormvvater and discharges of material other than stormwater must be addressed in a separate permit issued by the State of Colorado for that discharge: 11. Discharges exempt from discharge prohibitions [this area refers to an Illicit Discharge Ordinance] that are combined with stormwater discharges associated with construction activity are authorized; a. Landscaping irrigation b. Lawn watering c. Diverted stream flows d. Irrigation return flow e. Rising ground waters f. Uncontaminated ground water infiltration {as defined in 40 CFR 35.2005(20)} g. Uncontaminated pumped ground water h. Natural Springs i. Flow from riparian habitats and wetlands j. Water line flushing k. Discharges from potable water sources 1. Foundation drains m. Air conditioning condensation n. Water from crawl space pumps o. Footing drains p. Individual residential car washing' q. De-chlorinated swimming pool discharges r. Street wash water 12. Concrete wash water shall not be discharged to the MS4 or waters of the State; 13. Off-site, vehicle tracking of sediments shall be minimized. Vehicle tracking on Town streets shall not be allowed to enter the MS4 or waters of the State; all streets shall be scrapped and cleaned by the end of each day; 14. The bypass of treatment facilities is generally prohibited; 15. Bulk storage structures for petroleum products ar~d other chemicals shall have protection so as to contain all spills and prevent any spilled material from entering the MS4 or waters of the State; Ordinance No. 3, Series of 2005 1 16. No chemicals are to be added to the discharge unless the State of Colorado grants permissions for the use of a specific chemical and documentation of which is presented to the Town; 17. Solids, sludges or other pollutants removed in the course of treatment or control of wastewaters shall be properly disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the States; 18. All wastes composed of building materials must be removed from the site for disposal in licensed disposal facilities. No building material wastes or unused building materials shall be buried, dumped, or discharged at the site; 19. All discharges must comply with the lawful requirements of the Town of Vail, and other agencies regarding any discharges of stormwater to the MS4 or waters of the State under their jurisdiction, including applicable requirements; 20. Temporary soil erosion control facilities shall be removed upon completion of all construction activities final stabilization, and earth disturbance areas graded and stabilized with permanent soil erosion control measures pursuant to the standards and specifications prescribed in the latest revision of the stormwater management plan guidance document prepared by the CDPHE and in accordance with the permanent erosion control features shown on the SWMP approved by the Town. I. SITE INSPECTIONS Inspections shall be completed on a form prescribed by the Town. [e.g., CDOT's inspection form as a template]. 1. Active Sites -For sites where construction has not been completed, the permittee and/or operator shall make a thorough inspection of their SWMP at least every 14 days and after any precipitationor snowmelt event that causes surface erosion. a. The construction site perimeter, disturbed areas and areas used for material storage that are exposed to precipitation shall be inspected for evidence of, or the potential for, pollutants entering the drainage system. Erosion and sediment control measures identified in the SWMP shall be observed to ensure that they are operating correctly. b. Based on the results of the inspection, the description of potential pollutant sources, and the pollution prevention and control measures that are identified in the site's SWMP shall be revised and modified as appropriate as soon as practicable after such inspection. Maintenance and/or modifications to control measures shall be completed in timely manner, but in no case more than 7 calendar days after the inspection. c. The permittee and/or operator shall keep a record of inspections on the project site at all times. Any incidence of non-compliance, such as uncontrolled releases of mud or muddy water or measurable quantities of sediment found off the site, shall be recorded with a brief explanation as to the measures taken to prevent future violations, as well as any measures taken to clean up the sediment that has left the site. After adequate measures have been taken to correct any problems, or where a report does not identify any incidents of non-compliance, the report shall contain a signed certification indicating the site is in compliance. This record shall be made available to the Town of Vail or State of ~ Colorado upon request. 2. Completed Sites -For sites where all construction activities are completed but final stabilization has not been achieved due to a vegetative cover that has been Ordinance No. 3, Series of 2005 11 planted but has not become established, the permittee and/or operator shall make a thorough inspection of the SWMP at least once every month. When site conditions make this schedule impractical, the permittee and/or operator may petition the Town to grant an alternate inspection schedule. These inspections must be conducted in accordance with subparagraphs a, b, and c of subparagraph (1) above. Winter Conditions- Inspections, as described above in subparagraphs a. and b., are not required at sites where snow cover exists over the entire site for an extended period, and melting conditions do not exist. The exemption is applicable only during the period where melting conditions do not exist. Regular inspections, as described above, are required at.all other times. REPORTING No regular reporting requirements are included in this section; however, the Town reserves the right to request that a copy of these inspection report be submitted. K. FINAL STAE3ILIZATION 1. Final stabilization is reached ~~~hen all ;:oil disturbing activities at the~sile have been completed, and uniform vegetation cover has been established with a density of at least 70 percent ofpre-disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. For purposes of this requirement, establishment of a vegetative cover capable of providing erosion control equivalent to pre-existing conditions at the site can be considered final stabilization. The Town may, after consultation with the permittee and/or operator and upon good cause, amend the final stabilization criteria for specific operations. 2. Permanent soil erosion control measures for all slopes, channels, ditches, or any disturbed land area shall be completed within fourteen (14) calendar days after final grading or the final earth disturbance has been completed. When it is not possible to permanently stabilize a disturbed area after an earth disturbance has been completed or where significant earth disturbance activity ceases, temporary soil erosion control measures shall be implemented within fourteen (14) calendar days. All temporary soil erosion control measures shall be maintained until permanent soil erosion measures are implemented. L. RETENTION OF RECORDS 1. The permittee shall retain copies of the SWMP and all reports required by this permit and records of all data used to complete the application to be covered by this permit, for a period of at least three years from the date that the site is finally stabilized; 2. The permittee shall retain a copy of the SWMP required by this permit at the construction site from the date of project initiation to the date of final stabilization, unless the Town approves another location, specified by the permittee. M. CHANGE IN DISCHARGE The permittee shall inform the Town Engineer within two weeks in writing of any intent to significantly change the activities from those indicated in the permit application (this does not include changes to the SWMP).. Upon request, the permittee shall furnish the Town with such plans and specification, which the Town deems reasonable necessary to evaluate the effect on the discharge and receiving water: The SWMP shall be updated Ordinance No. 3, Series of 2005 12 within 30 days of the changes. Any discharge to the waters of the State from a point source other than specifically authorized in this section is prohibited. N. OPERATION AND MAINTENANCE REQUIREMENTS The owner shall be responsible for the maintenance of all permanent quality measures enacted pursuant to this chapter.. All temporary stormwater quality control measures shall be removed after work on the site has been completed and the measures are longer needed. Should any property owner fail to adequately maintain the permanent stormwater quality measures or remove the temporary measures, the Town may, after notifying the owner of the required maintenance and/or removal and the owner failing to perform such maintenance and/or removal, enter the affected property and perform or cause to be performed the required work and assess the charge for such work against the property owner, in accordance with the procedure set forth in Section Q., 1., 2., 3., and 4., remedies for noncompliance. O. TRANSFER OF PERMIT When the responsibility for stormv~rater discharges ai a construction siie changes from one owner to another, the permittee shall submit a completed Notice of Transfer and Acceptance of Terirs of a stormwater Quality Permit Certification on a form prescribed by the Town that is signed in accordance with subsection (D), (1) of this section. If the ne~rr responsible party will not complete the transfer form the permit maybe inactivated and the new owner shall obtain permit coverage separately. P. INSPECTIONS AND RIGHT OF ENTRY The permittee shall allow the Town Engineer and/or an authorized representative: 1. To enter upon the permittee's premises where a regulated facility or activity is located or in which any records are required to be kept under the terms and conditions of the permit; 2. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit and to inspect any monitoring equipment or monitoring method required in the permit; and 3. To enter upon the permittee's premises to investigate, within reason, any actual suspected, or potential source of water pollution, or any violation of the Colorado Water Quality Control Act. The investigation may include, but is not limited to the following: sampling of any discharge and/or process waters, the taking of photographs, interviewing permittee staff on alleged violations, and access to any and all facilities or areas within the permittee's premises that may have any effect on the discharge, permit or alleged violation. Q. REMEDIES FOR NONCOMPLIANCE 1. Compliance orders. Whenever the Town determines that any activity is occurring which is riot in compliance with a stormwater quality permit and/or the requirements of this ordinance, the Town may issue a written noncompliance order to such person or permittee. The person or permittee shall submit a written compliance schedule to the Town Engineer with in five (5) days. The schedule shall contain specific actions the permittee/operator must complete, including dates for the completion of the actions. It shall be unlawful for any person to fail to comply with any compliance order requirement. 2. Suspension and revocation of permit. The Town may suspend or revoke a stormwater quality permit for violation of any provision of this section, violation of Ordinance No. 3, Series of 2005 1 3 the permit, and/or misrepresentations by the permittee or the permittee's agents, employees; or independent contractors. 3. Stop work orders. Whenever the Town determines that any activity is occurring which is not in compliance with an approved permit and/or the requirements of this ordinance, the Town may order such activity stopped upon service of written notice upon the permittee and/or operator responsible for or conducting such activity. Such permittee and/or operator shall immediately stop all activity until authorized in writing by the Town to proceed. If the appropriate permittee and/or operator cannot be located, the notice to stop~shall be posted in a conspicuous place upon the area where the activity is occurring. The notice shall state the nature of the violation. The notice shall not be removed until the violation has been cured or authorization to remove the notice has been issued by the Town. It shall be unlawful for any permittee and/or operator to fail to comply with a stop work order. 4. Civil proceeding:,. Incase of any violation of any provision of this ordinance, or any amendment thereof, the Town of Vail inay, at its discretion, initiate civil proceedings, including injunction, mandamus, abatement, declaratoryjudgment or other appropriate actions or proceedings, to prevent, enjoin, abate, remove, or otherwise correct any such unlawful condition. Civil remedies provided for under this section are not exclusive and shall not preclude prosecution for criminal violations under the provisions of this section. R. SECURITY REQUIREMENTS As a condition for the issuance of a stormwater quality permit, applicants shall be required to provide security in the form of cash escrow or an irrevocable letter of credit. The amount of the security shall be based upon the estimated cost of the work required to ensure compliance with the terms and conditions of the permit and requirements of this section. In determining the cost of work, an administrative fee of 15% of the escrow amount shall be included. S. RELEASE OF SECURITY The security shall be released when the permit has been inactivated upon the Town's determination that the permittee has successfully completed all required work and met all other requirements of this section. T. ASSESSMENT If the permittee does not successfully complete all required work or violates any requirement of the permit or this section, the Town may take corrective measures and charge the cost of such to the permittee. Such costs shall include the actual cost of any work deemed necessary by the Town. If the total of such costs exceeds the security, the permittee shall be responsible for payment of the remaining balance within thirty (30) calendar days of receipt of an accounting of such from the Town. U. ESTABLISHMENT OF FEES The Town Council shall, by resolution, establish all fees and charges deemed necessary by the Town to implement the requirements of this section. V. VARIANCES AND EXCEPTIONS ~ No permits shall be required for the following: ~~ Ordinance No. 3, Series of 2005 14 1. Agricultural use of land zoned rural residential. 2. Grading or an excavation below finished grade for basements, footings, retaining walls, or other structures on plots of less than half (1/2) acre in size unless required otherwise under Section II (A) above. If groundwater is encountered, the owner must contact the Town engineer and obtain a groundwater discharge permit. 3. Sites smaller than one half (1/2) acre which are not part of a larger common plan of development or sale and which constitute an infill of an established older development within the Town. 4. Where the applicant's engineer or CPESC professional certifies in writing that the planned work and the final structures or topographical changes will not result in or contribute to soil erosion or sedimentation and tivill not interfere with any existing drainage course in such a manner as to cause damage to any adjacent property or result in the deposition of debris or sediment on any public way, will not present any hazard 'to any persons or property and will have no detrimental influence upon the public welfare or upon the total development of the watershed. 5. Even though permits are not required under subsectio~a U. 1., 2., 3., and 4., of this section, those operations and construction activities which are exempted from obtaining permits must comply with the rules and regulations concerning grading and erosion specified in This section, and shall provide appropriate controls to retain soil erosion on the construction site. W. NEW DEVELOPMENT AND REDEVELOPMENT STORMWATER QUALITY REQUIREMENTS New development and redevelopment projects that disturb at least '/2 acre of land, including projects less than'h acre that are part of a larger common plan of development or sale, or are within the riparian zone must address stormwater runoff quality through the use of nonstructural and structural BMPs. Criteria for new development and redevelopment planning, water quality protection and the selection and design of which BMPs are adequate for specific developments can generally be determined using the latest revision of the Urban Drainage and Flood Control District's Urban Storm Drainage Criteria Manuals. BMPs selected must be designed and implemented according to specifications. For purposes of design and selection of BMPs, the following additions and changes are made to the latest revision of the Urban Drainage and Flood Control District's Urban Storm Drainage Criteria Manuals: 1. Structural BMPs shall be located on private property. When so located, the BMP shall be owned and operated by the owner of the property on which the facility is located. As a condition of approval of the BMP, the property owner shall agree to operate and maintain the BMP to its design capacity unless or until the Town shall relieve the property owner of that responsibility in writing. The obligation to maintain the BMP shall be memorialized on the subdivision or annexation plat or in a form acceptable to the Town and shall be recorded in the Office of the Eagle County Clerk and Recorder. 2. Manufactured devices such as stormwater quality vaults are acceptable under the following conditions: ~. The paved area served by the device shall be no greater than three acres.. b. There shall be paved access to such devices at a minimum of five feet in . distance between the pavement and the maintenance hatch to the vault. Ordinance No. 3, Series of 2005 1 rJ The paved access shall be designed for large vehicles as approved by the Town engineer. c. Salts, metals, pesticides, organic solvents, fertilizers and other water- soluble materials shall be stored in areas served by the water quality vaults. Section 3. 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 4. 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 5. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. Ordinance No. 3, Series of 2005 1 6 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1 St day of February, 2005, and a public hearing for second reading of this Ordinance set for the 15th day of February, 2005, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Rodney E. Slifer, Mayor Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15`h day of February, 2005. ATTEST: Rodney E. Slifer, Mayor Lorelei Donaldson, Town Clerk Ordinance No. 3, Series of 2005 1 7 Attachment B MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 8, 2004 SUBJECT: A request for a recommendation to the Vail Town Council of proposed text amendments to Section 12-11-4 NPDES, Section 12-11-6 Erosion Control, and Section 12-14-17 Setback from Water-Course, Vail Town Code, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Bill Carlson, Environraaental Health Officer I. DESCRIPTION Or THT REQUEST The purpose of this memorandum is to 1) provide the Planning and Environmental Commission' with a summary of the Town of Vail's. recommendation to repeal and/or delete various Sections in Title 12; 2) propose an amendment through the adoption of a new Section Six (6) Grading Standards of the Town of Vail Development Standards ~= Handbook; and 3) adoption of a new Section 12-11-6 relating to erosion control and stormwater quality; and 4) propose a problem statement which articulates the need for updating, combining and revising the necessary elements of the construction site erosion control requirements. II. BACKGROUND The Federal Clean Water Act requires that stormwater discharge facilities be authorized under stormwater discharge permits (40 CFR 122.26). The goal of the stormwater permits is to.reduce the amount of pollutants entering streams, lakes and rivers as a result of runoff from residential, commercial and industrial areas. The original 1990 regulation (Phase I) covered municipal storm sewer systems for municipalities over 100,000 population. The regulation was expanded in 1999 to include smaller municipalities as well, referred to as Phase II. In Colorado, stormwater discharge permits are issued by the Colorado Department of Public Health and Envirorvnent (CDPFIE), Water Quality Control Division. Such permits are part of the Colorado Discharge Permit System. The Phase II municipal separate stormwater sewer systems (MS4s) will be covered under a general permit for stormwater discharge from MS4s. The main requirement of this permit will be for MS4 operators to develop, and implement six stormwater management programs, or minimum measures. These measures are described as follows: 1. Public education and outreach ~ 2. Public participation/involvement ~~ ~ 3. Illicit discharge detection and elimination 4. Construction site stormwater runoff control 5. Post-construction storm water management 6. Pollution pl•eventiop/good housekeeping for municipal operations In short, the. pe.rmittee (TOV) must develop prograii~s that meet the requirements of the six minimum measures and protect the state waters from pollution, contamination, and/or degradation. CDPHE will notify all municipalities in Colorado that will be regulated as a Phase lI . MS4 operator: CD.PHE has indicated the Town of Vail will be evaluated after the next census (2010) for pernitting purposes. At that time, the Town's stormwater program description must be clear enough for the State to determine the Towns general strategy for complying with each of the six minimum measures. This should include an indication of which of the program elements the Town intends to utilize, and to what degree particular measures will be stressed. For example, for the construction pro~~ram minirlnun measures, the Town will require an extensive site inspection and permit pro;~ram be utilized, relying heavily on inspections, education of contractors (outside of what occurs during inspections) will be minimum requirements. III. DL+'SCRI:PTION Or TF1T REQUEST . On behalf of the Town of Vail through the Environmental health Department, Community Development is requesting a text amendment to Section 12 of Town of Vail Code Zoning Ordinance and Section Six (6) of the Development Standards Handbook for the following reasons: • Land development projects and associated increases in impervious cover alter the hydrologic response of local wstersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, and sediment transport and deposition; and _ .... stormwater nmoff contributes to increased quantities of water-borne pollutants, and stormwater runoff, soil erosion and non point source pollution can be controlled and minimized through the regulation or erosion control and stormwater quality associated with construction activities; and • The EPA has: promulgated regulations pursuant to Phase II of the National .Pollutant Discharge Elimination System as part of the Clean Water Act, and has required the implementation of a stormwater quality ordinance in order to meet requirements of the stormwater discharge permit issued by the. State of Colorado; and • Soil erosion and stream channel erosion make necessary costly repairs to gullies, . washed out fills, roads and embankments, and the resulting sediment clogs storm sewers and road ditches, leaves, deposits of silt in streams, and is considered a signif cant water pollutant associated with stormwater nulott; and • .Regulations limiting soil erosion and stream channel erosion are in the public interest . and will prevent threats to public health and safety; and •. A public hearing has heretofore been held before the Vail Town Couucil,.and the Council has determined, subsequent to said public hearing that the implementation of the reconnnended policies and changes in the Town Codetdealing with erosion control and stormwater quality would be in the best interests of the citizens of the Town of Vail. ~ t IV. DISCUSSION ITEMS Staff is requesting that the Planning and Environmental Commission evaluate the following proposed amendments to Section 12 of the Town Code and Development Standards'Handbook: The following is a summary of the Section 12 policy amendments recommended by staff: 12-14-17: SETBACK FROM WATERCOURSE The existing minimum setback from a creek or stream is thirty feet (30') from the center of the established creek or stream channel as defined by the town comprehensive plan. base maps; provided, however, that the setback from Gore Creek shall by fifty feet (50') from the center of the creek. Staff recommends amending the Town of Vail Development Standards Handbook and Section 12-14-17 of the Town Code with Section III B(1) of the proposed Water Quality Standards Ordinance which def nes Slreain Setback Zo/ze Requr.'/•ements as: The stream side zone will begin at the Ordinary High 1d~ate/• Mark and extend a lnlllll7ll[l/1 Of ZS IIlteal' feet ativay from the sb•emlcside zone. L7 areas where there are cujacent wetland areas that are attached to the stream. channel, and additiona110 linear feet, as measured font t1~e outer edge of the riparian/wetly/Td m•ea shall be included in. the sU•eam side zone. Where /zo Ordilcary High Water Mark is discenaable, the top of the bmzk shall be used in its place. 12-11-6-E (3): EROSION CONTROL The code section addressing erosion control requires straw. bales to be used for temporary .-._-,.~...,.~.~-,-~-. control measures and jute netting used for permanent slope stabilization. The use of straw bales as a stormwater erosion and sediment control best management practice is ineffective in a steep sloped mountain environment.. Staff recommends repealing this section of the Town Code. Section II E, in the proposed Water Quality Standards Ordinance requires Storniivater Mm~agement Plans. A Stormwafer Malcagement Plan (SWMP) is required to be salbmitted with the applicatiol7 clad shall be prepared in accordalzce ia~itlc all the regtciremen.ts of the most recent SGT'MP gur'dance document prepared by the CDPHE and good engineering, hydrologic marl pollution control practices. Prior to conu/Ze/7.cement of col7~strclctiora activities, the SWMP shall. be irnplem~ented for the const/•clctio/a site covered.by t1~.e permit. 12-11-4-J: NPDES PERNIIT ~ This code section requires an approved national pollutant discharge elimination system ,~ permit for stormwater discharges to surface waters resulting from developments to surface waters resulting from developments draining two (2) or more acres. In lieu of . such a permit, the section allows die developer of an area of two (2) or more acres to present a "no discharge" stormwater drainage plan, which may include such measures or detention ponds, high curbs, and infiltration galleries. The section also requires the ~, department of community development to establish and maintain a list of such "no discharge" measures. . Section II (A),~of the proposed YVater Oucllity Stcuadnrds Ordinance requires any person corulucting an activity resulting ira a total dislen-bed area of at !cost '/_~ acre, to obtain an stormivater qucllily permit from the Tviam of T~cil. Total disturbed m•ea includes clay land tiwithin a project that meets t12e defulltlon Of "disturbed area ", ~•vhetlaer or riot such parcels are contiguoll•s. The Town naa}% also require a stvrnal•vaier quality permit regardless of the sic of tyre total disturbed area irl corajcuactiora with approval of a final slrbdivis•iaa plcr.t, coladitional Ilse perrrrit, or development playa. It is Llnlcltiafill for arty persvrt to fail to obtaua a stormwater clcrality permit. Issluuace of cl permit by the Tolvra does not e.tienlpt the parties from obtaining any permits required by the State oj~Colorado or the Federal Government. Section Six (6) Grading Standards of the Town of Vail Development Standards ITandbook: This section of the current development standards under Erosion Control requires all sites with disturbances to provide control measures using best management practices for sites greater than one (1) acre or sites with total disturbance «reater than %z acres must provide an erosion control plan prepared by a registered Colorado Professional Engineer. Section II (.~) of•the proposed Water Quality Standards Ordiraaiace requires a stornawater duality pernar.'t. iricorpa•atirrg a SGhA7P in accordance tivith CDPHE hest na.anagemer7t practice guidance standards for any site distlu-bing an area of at least %z acre. V. ATTACIIIVI_I~NTS Attachment: Proposed Water Quality Protection Standards Ordinance Draft IV. ROLES OF REVIEWING BODIES Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for forwarding a recommendation of approval/approval with conditions/denial to the Town Council of a text amendment. The Planning & Environmental Commission shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and 5. Such other factors and criteria the Commission deems applicable to the proposed text amendment. Desiqn Review. Board: Action: The Design Review Board has NO review authority of a text amendment or conditional use permit, but must review any accompanying Design Review application. Town Council: Actions of Design Review Board or Planning 'and Environmental Commission may be appealed to the Town Council or by the~Town Council. Town Council evaluates whether or not the Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. The Town Council is responsible for final approval/approval with conditions/denial of a text amendment. The Town Council shall consider the following factors with respect to the requested text amendment: • 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff ~ ~, also facilitates the review process. V1. CRITERIA AND FINDINGS The review criteria and factors for consideration for a request of a text amendment are established in accordance with the provisions of Section 12-11-4 NPDES, Section 12-11-6 Erosion Control, and Section 12-14-17 Setback from Water-Course, Vail Town Code. - A. Consideration of Factors Reqardinq the Text Amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and Staff believes the proposed text amendments are consistent with the general and specific purposes of the Zoning Regulations noted in Section V of this memorandum. Specifically related to Section 12-14-17 Setback from Water-Course, Section 12-11-4 Sec J, NPDES Permits, and Section 12-11-6 Sec E (3), Erosion Control, Vail Town Code. 2. The extent to which the text amendment would better implement -and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and Since the current zoning regulations do not specifically address Federal Clean Water Act stormwater discharge management requirements, staff believes the proposed text amendments address an issue not contemplated with the initial adoption of the zoning regulations. Therefore, staff believe that the proposed text amendments better implement the goals, objectives, and policies of the.Comprehensive Plan and are compatible with the development objectives of the Town. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Since the current zoning regulations do not specifically define nor address the Federal Clean Water Act, Phase II municipal separate stormwater sewer system (MS4) requirements covered under a general permit for stormwater discharge from MS4s; Staff believes the proposed text amendments address an issue not contemplated with the initial adoption of the zoning regulations. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use .regulations consistent with municipal development objectives. ,~ Staff believes the proposed text amendments will better regulate the discharge of sediment from construction site activities which may cause stormwater contamination to Gore Creek. 5. Such other factors and criteria the Commission and/or Council .deem applicable to the proposed text amendment. B. The Planning and Environmental Commission shall make the following findings before forwarding' a recommendation of approval for of a text amendment: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. VII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval to the.Vail Town Council for the proposed text amendments to the following Zoning Regulations, Vail Town Code, Section 12-14-17, Setback from Water-Course; Section 12-11-4. Sec J, NPDES Permit; Section 12-11-6 Sec E(3), Erosion Control, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria in Section VI of this memorandum and the evidence and testimony presented, subject to the following findings: That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances pits natural environment and its established character as a resort and residential community of the highest quality. 7 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: February 1, 2005 SUBJECT: Ordinance No. 4, Series of 2005, an ordinance repealing and reenacting Chapter 10-1, Building Codes, Vail Town Code; adopting by reference the 2003 Editions of the International Building Code, International Residential Code, International Fire Code, International Mechanical Code, International Plumbing Code, International Fuel Gas Code, International Energy Conservation Code; 2002 Edition of the National Electrical Code; and with regard to the above-described codes, adopting certain appendices, setting forth certain amendments thereto, and setting for details in regard thereto. Applicant: Town of Vail Planner: Charlie Davis, Chief Building Official DESCRIPTION OF THE REQUEST The Town of Vail Building Safety and Inspection~Team, in association with the Town of Vail Fire Department and the Town of Vail Building and Fire Code Board of Appeals, is requesting and recommending approval of Ordinance No. 4, Series of 2005, to allow for the adoption of the following model International Codes (as published by the International Code Council): • 2003 International Building Code • 2003 International Residential Code • 2003 International Fire Code • 2003 International Mechanical Code • 2003 International Plumbing Code • 2003 International Energy Conservation Code • 2002 National Electrical Code (as published by the National Fire Protection Association, Inc.) . II. BACKGROUND Since the 1990's, there has been acountry-wide movement to create a single model building code for the United States. Previously, there were three separate codes regulating construction across the country. The Uniform Building Code (UBC), published. by the International Conference of Building Officials (ICBO), generally regulated the western United States (including Colorado); the National Building Code, published by the Building Officials and Code Administration International, Inc. (BOCA), generally regulated the northeastern United States; and the Southern Building Code, published by the Southern Building Code Congress (SBCCI), generally regulated the southeastern United States. 1 Although these three model codes were similar, they fostered a lack of consistency and uniformity in the regulation of minimum life/safety requirements for construction across the country. Designers, contractors, and manufacturers were required to determine which code would be applicable to their project, based upon which region of the country and jurisdiction the project was located. This created an environment of inconsistent code enforcement from one part of the country to another. In 1994, the three model code publishing organizations began collaborating to create one common building code format. The outcome of this was the creation of a single organization, the International Code Council (ICC), and the publishing of the 2000 International Building Code. This philosophy of a ,single set of comprehensive, coordinated and contemporary codes enhances the protection of the public health and life/safety for consumers by creating ~!niform construction standards which allow for consistent code enforcement. These International Codes are being adopted, or have already been adopted, in jurisdictions across the United States, throughout Colorado, and throughout Eagle County. The International Codes may appear to be a one-size fits all approach to construction design and regulation. There are allowances built into the code that takes into account geographic locations throughout the country. For example, seismic design and activity (earthquake resistant construction) is addressed in the 2003 editions of the building code by recognizing certain areas of the country are more prone to seismic activity. The west coast has had catastrophic events associated with earthquakes in the past. Colorado and specifically the Vail area, has not had the same history as the west coast. The building code recognizes differences in geographic location and has provided the user with tables determining seismic design based on where the code will be employed for design. These tables are then used to deterrriine how the design professional is required to design a building based on the seismic activity and location of the building. The International Codes has built into itself many other elements of requirements based on geographic location that allow the user to address elements of design based on geographic location. The Town of Vail Building Safety and Inspection Team, in association with the Town of Vail Fire Department, is requesting and recommending the Town of Vail adopt the most recent edition of these International Codes. The Town of Vail Building and Fire Code Board of Appeals are forwarding its recommendation of approval to the Town Council for the proposed adopting ordinance (see Attachment A). Additionally, the Colorado Chapter of the American Institute of Architects has also given its support for Vail's proposed adoption of the International Codes (see Attachment B). DISCUSSION ITEMS ,\ Positive Impacts • One Code Family: Since 2000, only one model code has been 2 published in the United States. The Town of Vail's currently adopted 1997 Uniform Building Code (UBC) set of codes has been discontinued. There are no other alternatives for the Town of Vail to adopt another model building code. Consistency: The other jurisdictions in the county, including the Town of Avon, Town of Eagle, the Town of Gypsum, and Eagle County, are intending to, or already have, adopt the 2003 Edition of the International Codes. This will create more consistent regulation and code enforcement within Eagle County. This will also encourage a more consistent understanding of minimum life/safety requirements for developers, designers, and contractors working within the Town of Vail and Eagle County: Existing Building Conformance: The Town of Vail's cun-ertly adopted 1997 Uniform Building Code (UBC) set of codes was the most restrictive of the three former model building codes in regard to allowable "types of construction" based upon building areas and heights. The merging of the three former model codes into the International Codes, have increased the allowable calculations for building area (sq.ft.) and building height (number of stories) in relation to the required types of construction (combustible and non- combustible). These changes will allow more or` Vail's existing, non- conforming buildings to become code compliant through minor alterations, rather than through demolition and replacement. Flexibility: The 2003 Edition of the International Codes provide designers and architects more flexibility when designing new projects compared to the 1997. Uniform Building Code. 'The International Codes allow for more approaches to achieving fire/safety and occupant (i.e. building user) protection. The 1997 Uniform Building Code had only one approach which was to compartmentalize and separate portions of a building with fire-resistive assemblies, and only minor consideration was given to the installation of a fire-suppression- system (i.e. sprinklers). The International Codes will allow designers to use the same methods of design, but will also offer an opportunity to use alternative methods to obtain an equivalent degree of protection. The International Codes recognizes aperformance-based building design approach if an architect so desires. Economic Impacts: Because of the flexibility incorporated into the International Codes, a project desigrier will be able to reduce construction costs by having the ability to construct a larger building with a lesser "type of construction", while still achieving the same level of safety. The International Codes recognize the installation of fire- suppression-systems as a means of protection for fire safety, thus allowing for less fire-resistive-construction that reduces the construction redundancies required by the 1997 Uniform Building Code. This will also reduce construction costs for large commercial projects without affecting the level of safety and protection. 3 Negative Impacts • Implementation: The International Codes are a new approach to construction regulation and code enforcement. There will be an adjustment period and additional training required for designers, contractors, and Town Staff to become accustomed to the new codes. Amendments: The International Codes are divided into several volumes that are designed to work together; therefore, one volume can not be excluded without amending the other volumes with substitute provisions. Energy Conservation Code: ft is th:. ~~own of Vail Building Safety Ur~d Inspection Team's intent to adopt the 'snternational Energy Conservation Code; however, the Town is not adequately staffed to accommodate full implementation of this portion of the code and the burden of proof will be with the Building Permit applicant to show compliance with the Energy Conservation Code. IV. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approves Ordinance No. 4, Series of 2005, an first reading, to repeal and reenact Chapter 10-1, Building Codes, Vail Town Code; adopting by reference the 2003 Editions of the International Building Code, International Residential Code, International Fire Code, International Mechanical Code, International Plumbing .Code, International Fuel Gas Code, International Energy Conservation Code; 2002 Edition of the National Electrical Code; and with regard to the above- described codes, adopting certain appendices, setting forth certain amendments thereto, and setting for details in regard thereto. Should the Town Council choose to approve Ordinance No. 4, Series of 2005, on first reading, the Community Development Department recommends the Town Council makes the following finding: The amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality: 2. The amendments further the development objectives of the Town of Vail. V. ATTACHMENTS Attachment A: Town of Vail Building and Fire Code Board of Appeals letter Attachment B: Colorado American Institute of Architects letter Attachment C: Ordinance No. 4, Series of 2005 4 Attachment: A TO OF VAIN ,~ Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970-479-2138 FAX 970-479-2452 www vailgov. com January 24, 2005 To: Vail Town Council From: Building and Fire Code Board of Appeals Re: Adoption of Ordinance 4, Series of 2005 Dear Esteemed Council Members, We the Building and Fire Code Board of Appeals members have reviewed, provided input and recommend support to adopt the ordinance referenced above. In the interest of consistency and safety of the Town of Vail's constituents, we recommend adopting the latest set of construction codes as amended in Ordinance 4, Series of 2005. Respec fu.Ily, ~~....- Mark .Mueller -----y~ Kyle H Webb >~> -_.. Thomas RDubois Richard Seth ~~ Timothy Losa a0 RECYCLED PIPER AIA C o l o ra d o Attachment: B The American Institute of Architects July 7, 2004 ® Mr. Charlie Davis ~~~~~ -.~"', 0 Chief Building Official T f V il ~~~= own o a ° ® 75 South Frontage Road o a®0 ® 3 Vail, Colorado 81657 Dear Mr. Davis: 21NSS 130ARI) OFllIRl:C.1'OILS Pt'esiclent The AIA Colorado Board of Directors strongly supports the adoption of the International Codes as an intact Christopher J. Green, Aln body of codes throughout the state. President-Elect John Yonusl,cwsl:i, AIA We support this move toward a single national body of codes not only because of the content of the 'lYe:tsnt'cr Ch i G International Codes, but also because of the ali nment of codes across urisdictions is an im ortant 9 1 P er crou, AIA improvement for the construction industry. Treasurer-L'Icct Burette Lmerson, AIA The I-Codes incorporate: Sccret:u'v \\'illiam llcno, FASA L'n,crit»s • Proven best practices from across the country into a single source; Pnst-President Willi ' ' • Economic benefit states and munici alities usin the I-codes because the are com atible with p g Y p am 13. [ racy,AIA surrounding jurisdictions; and Director, AIA Denver nrcnael J.,r~k~,n1A • Maximum administrative efficiencies because the International codes are fully integrated and Director, AIA Colorado Noah compatible one with the other thus making enforcement and governance simpler. Charlotte Grojca»,AIA Director, AIA cnlor;tdo son,,, Adoption of a single body of codes throughout the state will make working across jurisdictional lines more Jin, -~:,~»5~,.,,\IA expedient and less confusing for design professionals, builders subcontractors suppliers and Dircctoi-,AIA Colorado West , , , manufacturers. Jim ISuckneq AIA Associate Director The comprehensive set of I-Codes cross-reference each other and as such makes their use more effective Sfepl",nie ltidg"",'' As"`. Ala by construction professionals and building departments alike. Professiunal Affiliate Director 's:,l,elle "t"""""' I>e' The adoption of the International Codes has strong public support as demonstrated by the adoption of the I- Public Director codes in their entirety by the City of Denver and private sector support and the support of our Board. AIA ' Colorado strongly urges you to consider the adoption of this code set for use in the Town of Vail. University Director Mark Gclernlcr, Assoc. rUA Student Director Adam 13. 11'righl, SA, AIRS $I rely, Ex-Olticios Sherri hlughes-Smith ~~~~~~•• Sonia Q. Ki~;~ Christopher J. G en, IA President, AIA Color do ., One Park Central 1515 Arapahoe Street, Suite 110 Denver, CO 80202 303/4~3(i-2266 800/623-5593 Fax:303/d46-0066 Attachment: C ORDINANCE NO.4 SERIES OF 2005 AN ORDINANCE REPEALING AND REENACTING CHAPTER 10-1, BUILDING CODES, VAIL TOWN CODE; ADOPTING BY REFERENCE THE 2003 EDITIONS OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL RESIDENTIAL CODE, . INTERNATIONAL.FIRE CODE, INTERNATIONAL MECHANICAL CODE, INTERNATIONAL PLUMBING CODE, INTERNATIONAL FUEL GAS CODE, INTERNATIONAL ENERGY CONSERVATION CODE; 2002 EDITION OF THE NATIONAL ELECTRICAL CODE; AND WITH REGARD TO THE ABOVE-DESCRI3ED CODES, ADOPTING CERTAIN APPENDICES, SETTING FORTH CERTAIN AMENDMENTS "THERETO, AND SETTING FOR DETAILS IN REGARD THERETO. WHEREAS, publication of the 1997 Ui ~iform Euilding Code (UBC), as a.in-entiy adopted by the Town of Vail, has been discontinued; and WHEREAS, the 2003 Editions of the International Building Code (IBC), the International Residential. Code (IRC), the International Fire Code (IFC); the International Mechanical Code (IMC); the International Plumbing Code (IPC); the International Fuel Gas Code (IFGC); the International Energy Conservation Code (IECC) and the 2002 Edition of the National Electric Code (NEC) have been published; and WHEREAS, the Building and Fire Code Board of Appeals of the Town of Vail has recommended adoption of the International Codes, asset forth in this ordinance, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the proposed amendments further the development objectives of the Town of Vail; and WHEREAS, the Vail Town Council finds that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: c 1 Section 1. Chapter 10-1, Building Codes, Vail Town Code, is hereby repealed and reenacted to read as follows: CHAPTER 1 BUILDING CODES SECTION: 10-1-1 :. Preamble 10-1-2: Codes Adopted By Reference 10-1-3: Amendments to International Building Code 10-1-4: Amendments to International Residential Code 10-1-5: Amendments to International Fire Code 10-1-6: Amendments to International Mzchanical Code 10-1-7: Amendments to International Plumbing Code 10-1-8: Amendments to International Fuel Gas Code 10-1-9: Amendments to National Electrical Code 10-1-10: Copies of Codes Available 10-1-11: Penalties 10-1-1: 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 2003 editions of the International Building Code, the International Residential Code, the International Fire Code, the International Mechanical Code, the International Plumbing Code, the International Fuel Gas Code, the International Energy Conservation Code, and the 2002 edition of the National Electric Code. 10-1-2: CODES ADOPTED BY REFERENCE: A. Building Code: The International Building Code, 2003 edition, including Appendix Chapter J and the International Residential Code, 2003 edition, including Appendix G, is hereby adopted by reference. The International Building Code, 2003 edition and the International Residential Code, 2003 edition, is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, II 60478-5795 B. Fire Code: The International Fire Code, 2003 edition, is hereby adopted by reference. The International Fire Code, 2003 edition, is published bythe International Code Council, 4051 West Flossmoor Road, Country Club Hills, II 60478-5795. C. Mechanical Code: The International Mechanical Code, 2003 edition, including Appendix A, is hereby adopted by reference. The International Mechanical Code, 2003 edition, is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, II 60478-5795. D. Plumbing Code: The International Plumbing Code, 2003 edition, is hereby adopted by reference. The International Plumbing Code, 2003 edition, is published 2 by the International Code Council, 4051 Flossmoor Road, Country Club Hills, II 60478-5795. E. International Fuel Gas Code: The International Fuel Gas Code, 2003 edition, is hereby adopted by reference. The International Fuel Gas Code, 2003 edition, is published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, II 60478-5795. F.. Energy Code. The International Energy Conservation Code, 2003. edition, is hereby adopted by reference. The International Energy Conservation Code, 2003 edition, is published by the International Code Council, 4051 Flossmoor Road, Country Club Hills. G. Electrical Code: The National Electrical Code, 2002 edition, is hereby adopted by reference. The National Electrical Code is published bythe National Fire Protection Association Inc., One Batter~rnarch Park, Quincy, Ma 02269. 10-1-3: AMENDMENTS TO INTERNATIONAL BUILDING CODE: The following amendments are hereby made to the International Building Code, 2003 edition: SECTION 101.4 -REFERENCED CODES: Section 101.4, Referenced Codes, is hereby amended as follows: The other codes listed in 101.4.1 through 101.4.7 and referenced elsewhere in this code shall not be considered part of this code, unless specifically adopted. SECTION 105.1.1 -ANNUAL PERMIT: Delete section in its entirety. SECTION 105.2 -WORK EXEMPT FROM PERMIT: Section 105.2, Work exempt from permit, is herebyamended as follows: Item 6: Decks, patios, sidewalks and driveways not more than 30 inches above grade and not over any basement or storage below and which are not part of an accessible route. Item 11: Swings and other playground equipment. SECTION 108.2 -SCHEDULE OF PERMIT FEES: Section 108.2, Schedule of permit fees, is amended as follows: The construction fee schedule for the Town of Vail shall be on file and maintained in the office of the Community Development Department. SECTION 108.3 -BUILDING PERMIT VALUATION: Section 108.3, Building permit valuation, is hereby amended as follows: The valuation of building permits in the Town of Vail shall be based on the most recent cost figures, per square foot as shown in the International Building Safety Journal published by the International Code Council, a copy of which shall be on file in the Department of Community Development of the Town of Vail. All construction shall be deemed "good" with the following modifiers, or on the actual cost of construction, whichever is greater. 3 CONSTRUCTION ZONES Modifiers Zone & Title $ Per Sg. Ft. Identification ZONE #7 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., Pitkin 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 Lions Ridge 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. Lionshead 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. SECTION 110- CERTIFICATE OF OCCUPANCY: Section 110.1, Use and occupancy, is hereby amended as follows: No building or structure shall be used or occupied, and no change in the e~asting occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. Exception: Additions, alterations or repairs to e~asting Group R, Division 3 and Group U Occupancies. Issuance of a certificate of occupancy shall not be construed as an approval of a 4 violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. SECTION 1025 -EMERGENCY ESCAPE AND RESCUE: Section 1025.1, General, is hereby amended as follows: Exception 1 & 4, delete in their entirety, SECTION 1608 -SNOW LOADS: Section 1608.2, Ground snow loads, is hereby amended as follows: Designs for roof snow loads shall be as follows: Roof pitches of less than a 4:12, shall be designed to carry a 100 pound per square foot (psf) snow load and roof pitches of 4:12 and greater shall be designed to carry an 80 pound per square foot (psf) snow load. There is no allowance for pitch reduction nor is there a requirement to increase loading due to wind, valleys or type of roof covering. Any modification for snow load design shall be accomplished using section 104.11. SECTION 3403.1- EXISTING BUILDINGS OR STRUCTURES: Section 3403.1, Existing buildings or structures, is here by amended by adding the following: Every condominium association or owner of a building or structure built before 1991 shall within 18 months of the adoption of this code, provide to the Town of Vail a copy of a Fire Risk Assessment (FRA). The FRA shall be developed bythe Town of Vail's Fire Prevention and Fire Marshal's office. The FRA shall contain necessary elements and be in sufficient detail as to provide a basis for determining applicability of retroactive application of code provisions. Minimum components shall complywith the adopted Town of Vail Standards. Buildings subject to this requirement incline: 1. Group A, B, E, F, H, I and S 2. Group M with more than one floor, 3. Group R-1 and R-2 with more than two stories, more than 12 accommodation units, or dwelling units, 4. Group R-3 over three stories, excluding Group R-3 regulated by the International Residential Code, 5. Any building or structure more than 5000 square feet of floor area, per floor, 6. Any building or structure where all points of the first story are more than 150 feet from a single point of approved fire department access. Upon submission of the FRA, the Town will evaluate the results and determine applicability of retrofit provisions in accordance with the Town of Vail Design Guidelines. 10-1-4: AMENDMENTS TO INTERNATIONAL.RESIDIENTIAL CODE: The following amendments are hereby made to the International Residential Code, 2003 edition: SECTION R102 -APPLICABILITY: Section R102.4, Referenced codes and standards, is hereby amended by adding the following: Reference to other codes such as Plumbing, Mechanical and Electrical shall refer onlyto the currentlyadopted 5 code of that type. SECTION R105 -PERMITS: Section 105.2, Work exempt from permit, is hereby amended as follows: Item 1: One-story detached accessary structures used as tool sheds, storage sheds, playhouses and .similar uses provided the floor area does not exceed 120 square feet Item 5: Decks, patios, sidevealks and driveways not more than 30 inches above grade and not over any basement or storage below and which are not part of an accessible route. SECTION - R301.2.4. FLOODPLAIN CONSTRUCTION: Section 301.2.4 Floodplain construction is hereby amended as follows: Delete section in its entirety and replace with: Building and structures constructed in food hazard areas are subject to section 12-21-1 of the Vail Town Code. SECTION - R303.8 REQUIRED HEATING: Section 303.8, Required heating, is hereby amended by adding the following: Minimum winter design temperature is - 20° F. Heat loss calculations shall be required k~r all dwelling units. SECTION R303.9-HEATING EQUIPMENT ROOMS; Add Section R303.9, Heating equipment rooms, as follows: In R-3 occupancies, rooms containing a boiler, central heating plant or hot v~ater supply boiler in excess of 400,000 Btu per hour input shall be separated from the rest of the building by not less than 1- hourfire-resistive construction on the room side of the heating equipment. Opening protection shall be obtained byuse of a tight fitting, smoke-and draft- control, self-closing assemblies having afire-protection rating of not less than 20- minutes. All spaces containing fuel-fired equipment located in under-floor (crawlspace) and above-ceiling (attic) areas shall be separated from the rest of the building by not less than 1-hour fire-resistive construction on the space side of the heating equipment regardless of Btu input. Opening protection shall be obtained by use of a tight fitting, smoke-and draft-control, self-closing assemblies having afire-protection rating of not less than 20-minutes. All under-floor and above ceiling spaces shall have smoke or heat detection and automatic fire sprinklers in accordance to Vail Fire Department standards. SECTION R305-CEILING HEIGHT: Section R305.1, Exception 2, is hereby amended by deleting this exception in its entirety. SECTION R310 -EMERGENCY ESCAPE AND RESCUE OPENINGS: Section R310.1, Emergency escape and rescue required, is hereby amended as follows: First paragraph, first sentence amended as follows: Basements and every sleeping room shall have at least one openable emergencyescape and rescue opening. ~ SECTION R403.1.4.1 -FROST PROTECTION: Section R403.1.4.1, Frost 6 protection, is hereby amended by deleting this section in its entiretyand replacing with the following: Foundation walls, piers and other permanent supports shall be protected from frost by providing a minimum depth of 48" measured from finished grade to the bottom of the footing. Where applicable, the depth of the footing shall also conform to Sections R403.1.4.1 through R403.1.4.2 SECTION R403.2 -FOOTINGS FOR WOOD FOUNDATIONS: Section R403.2, Footings for wood foundations, is hereby amended by adding the following: Foundations shall be. designed by a registered Colorado Engineer and approved by the Geotechnical Engineer. SECTION R403.3 -FROST PROTECTED SHALLOW FOUNDATIONS: Section R403.3, Frost protected shallow foundations, is hereby amended by adding the following: Foundations shall be designed by a registered Colorado Engineer and approved by the Geotechnical Engineer. CHAPTER 12 -CHAPTER 42: Delete in their entirety and reference other codes adopted by reference respectively. 10-1-5: AMENDMENTS TO THE INTERNATIONAL FIRE CODE: The following amendments are hereby made to the International Fire Code, 2003 edition: SECTION 103 -DEPARTMENT OF FIRE PREVENTION: Section 103, Department of Fire Prevention shall be,hereby amended as follows: Title shall be changed to: Fire Prevention Bureau. SECTION 103.1 -GENERAL: Section 103.1, General, shall herebybe amended as follows: Delete section in its entiretyarid replace with: A fire prevention bureau established within the fire department under the direction ofthe Chief shall consist of fire department personnel assigned thereto bythe Chief. The function of this bureau shall be to assist the.Chiefin the administration and enforcement of the provisions of this code. SECTION 103.1.1 -FIRE MARSHAL: Add Section 103.1.1, Fire Marshal: The Chief is authorized to designate a member ofthe fire department to exercise the powers and perform the duties of fire prevention engineer as set forth in this code. The fire prevention engineer may also be known as the fire marshal. SECTION 104.1.1 -FIRE PREVENTION BUREAU AND PEACE OFFICERS: Add Section 104.1.1, Fire prevention bureau and peace officers: The Chief and members of the fire prevention bureau shall have the powers of a peace office, (as defined per C.R.S. 18-1-901, 3(I) (III) in performing their duties under this code. When requested to do so bythe Chief, the chief of police is authorized to assign such available peace officers as necessary to assist the fire department in enforcing the provisions of this code. 7 SECTION 106.2.1 -INSPECTION REQUESTS: Add Section 106.2.1, Inspection requests: It shall be the dutyof the person performing the work authorized by a permit to notify the Chief that the work is ready for inspection. The Chief is authorized to require that emery request for inspection be filed not less than one working day before such inspection is desired. Such requests maybe in writing or by telephone at the option of the Chief. SECTION 110.1.3 -UNSAFE HEATING OR ELECTRICAL EQUIPMENT AND STRUCTURAL HAZARDS: Add Section 110.1.3, Unsafe heating or electrical equipment and structural hazards: When the Chief deems any chimney, smokestack, stove, oven, incinerator, furnace, or any 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 necessaryand shall notify any other authority enforcing codes regulating such equipment. -iYie Chief is authorized to affix a condemnation tag prohibiting the use thereof until such repairs or alterations are made. When affixed, such tag shall only be removed by the order of the Chief when the hazard to which the order pertains has been eliminated in an approved manner. Until removed, that item or device which has caused the hazard shall not be used or be permitted to be used. When such an apparent structural hard is caused by the faulty installation, operation or malfunction of any of the items or devices listed in this section, the Chief shall immediately notify the building official to investigate such hazard and cause such hazard to be abated as required bythe building code. SECTION 111.5 -STOPPING USES, EVACUATION: Add section 111.5 Stopping uses, evacuation: The Chief is authorized to order an operation or use stopped or the evacuation of any premises, building or vehicle or portion thereof which is a fire hazard. SECTION 202 - F FALSE ALARM: Section 202, False alarm is herebyamended as follows: Delete False alarm definition and replace with the following: The activation of a device or transmission of an alarm signal, indicating an emergency exists and/or necessitating response bythe Vail Police Department or the Vail Fire Department, where no emergency exists. SECTION 202 F -FIRE CODE OFFICIAL: Section 202 F, Fire code oficial, is hereby amended as follows: Substitute Fire marshal ~r Fire code official. SECTION 305.5 -GAS METERS AND PIPING: Add section 305.5, Gas meters and piping, as follows: 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 accordance with section 312.1 of this code. 8 SECTION 508.5.5- CLEAR SPACES AROUND HYDRANTS: Section 508.5.5, Clear spaces around hydrants, shall hereby be amended as follows: Delete entire section and replace with: A clear and unobstructed space shall be maintained around a fire hydrant with the following minimum distances: front - 15 feet, rear- 4 feet, sides - 7 feet. Fire hydrants shall be installed and maintained to provide a minimum of 36 inches of clearance between the centers of the outlet caps and finish grade. Standards set forth by other agencies including the water district, may be referenced and enforced providing the most restrictive shall apply. SECTION 610 -COMMERCIAL KITCHEN HOODS: Section 610, Commercial Kitchen Hoods, shall hereby be amended as follows: Delete entire section in its entirety and replace with: SECTION 610.1 -VENTILATION HOOD AND DUCT SYSTEMS: Section 610.1, Ventilation Hood and Duct Systems. A ventilating hood and duct system shall be provided in accordance with International Mechanical Code for commercial-type food heat-processing equipment that produces grease laden vapors. SECTION 610.1.2 -FIRE - EXTINGUSHING SYSTEMS: Add Section 610.1.2 Fire-Extinguishing Systems: Where a Type I hood is required to be installed; a fire-extinguishing system shall also be required. SECTION 610.2 -WHERE REQUIRED: Section 610.2 Where Required: Approved automatic fire-extinguishing systems shall be provided for the protection of commercial type cooking equipment. SECTION 610.2.1 -TYPE OF SYSTEMS: Add Section 610.2.1, Type of Systems: The system used for the protection of commercial type cooking equipment shall be either a system .listed for application with such equipment or an automatic fire extinguishing system that is. specifically designed for such application. Systems installed shall meet or exceed U.L. 300 requirements, and shall be installed in accordance with Manufacturer's specifications and instructions. SECTION 610.2.2 -EXTENT OF PROTECTION: Add section 610.2.2 Event of protection: The automatic fire extinguishing system used to protect ventilating hoods and ducts and cooking appliances shall be installed to include cooking surfaces, deep fat fryers, griddles, upright broilers, charbroilers, range tops and grills. Protection shall also be provided for the enclosed plenum space within the hood above filters and exhaust ducts serving the hood. SECTION 610.2.3 -AUTOMATIC POWER, FUEL AND VENTILATION SHAFT: Add Section 610.2.3, Automatic pov~er, fuel, and ventilation shaft: Automatic fire extinguishing systems shall be interconnected to the fuel or current supply for cooking equipment. The interconnection shall be arranged to automaiticallyshut off all cooking equipment and electrical receptacles v~hich are located under the hood when the system is actuated. Shutoff valves or switches shall be of a type 9 that requires manual operation to reset. Hood ventilation system shall remain operational upon activation of system, unless authorized to perform otherwise by the Chief. Activation of an automatic fire extinguishing system shall transmit an alarm to the building fire alarm system. SECTION 610.2.4 -MANUAL SYSTEM OPERATION: Add Section 610.2.4, Manual system operation. A readilyaccessible manual activation device shall be installed in accordance with Manufacturer's requirements and those set forth in N.F.P.A. 17A, Standard for Wet chemical Extinguishing Systems. The activation device is allowed to be mechanically or electrically operated. If electrical power is used, the system shall be connected to a standbypower system and a visual means shall be provided to show that the extinguishing system is energized. Instructions for operating the fire extinguishing system shall be posted adjacent to manual activation devices. SECTION 610.2.5 -PORTABLE FIRE EXTINGUISHERS: Add Section 610.2.5, Portable fire extinguishers. A K-Class extinguisher shall be installed within 30 feet of commercial food heat processing equipment as measured along an unobstructed path of travel in accordance with N.F.P.A. 10. SECTION 610.3 -OPERATIONS AND MAINTENANCE: Add Section 610.3, Operations and maintenance: The ventilation system in connection with hoods shall be operated at the required rate ofair movement, classified grease filters shall be in•place when equipment under a kitchen grease hood 's used. If grease extractors are installed, theyshall be operated when the commercial type cooking equipment is used. Hoods, grease removal devices, fans, ducts and other appurtenances shall be cleaned every six months, unless otherwise approved by the Chief, in writing. Cleanings shall be recorded, and records shall state the extent, time, and date of cleaning. A sticker or other indicating means shall be affixed to the hood. Cleaning records shall be maintained on the premises. Extinguishing systems shall be serviced at least every six months or after activation of the system. Inspections shall be byqualified individuals, and a Certificate of Inspection shall be both maintained on the premises and brwarded to the Chief upon completion. SECTION 610.4 -SKI SHOP REQUIREMENTS: Add section 610.4, Ski Shop Requirements, SECTION 610.4.1 SCOPE: Add section 610.4.1, Scope, as fillows: This section shall apply to all commercial operations inwlving the processing, manufacturing, repair, waxing, preparation and associated functions with respect to snow skis, snow boards, snow boots, water skis, skate boards and other equipment vuth similar features. SECTION 610.4.2- EQUIPMENT: Add section 610.4.2, Equipment, as follows: All equipment used in the above operations shall be listed by an approved agency when the equipment uses heat, flame or power operations. Said equipment shall be maintained in good condition and used according to the manufacturer's 10 recommendations. SECTION 610.4.3 -USAGE: Add section 610.4.3, Usage, as follows: Heat and flame producing devices shall be used only by qualified personnel and shall be equipped with a suitable base or holder. Said equipment shall not be used on work tables with combustible surfaces. SECTION 610.4.4 -ELECTRICAL: Add section 610.4.4, Electrical, as follows: All electrical appliances, fixtures and equipment shall be listed byan approved agency and shall be maintained in a safe and operable manrier. Non-grounded extension cords and multi-plug receptacles are strictly prohibited. SECTION 610.4.5- FLAMMABLE AND COMBUSTIBLE LIQUIDS: Add section 610.4.5, Flammable and combustible liquids, as follows: No more than one U.S. gallon (3.78 I) of flammable or combustible liquid shall be permitted on the premises at any time. All flammable liquids stored on the premise shall be stored in an approved coritainer in a safe area. No flammable or combustible liquids shall be stored within 25 feet of any open flame or heat producing device capable of ignition. SECTION 610.4.6 -OPEN FLAME: Add section 610.4.6, Open flame, as follows: No open flame or heat producing device shall be left unattended while in operation. All such devices shall be turned off, disconnected or extinguished if not in immediate use. SECTION 610.4.7 -VENTILATION: Add section 610.4.7, ventilation as follows: All shops in which toxic, flammable or poisonous gases or other vapors which are potential hazards shall be equipped with proper ventilation. Said ventilation systems shall be designed to have the capacity of providing 1.5cfm/ft2 per square foot of floor area. This mechanical system shall be provided by a method of supply and exhaust air. The amount of supply air shall be appro~amately equal to the amount of exhaust air. Said system shall be designed and installed in accordance to the International Mechanical Code, Chapter 6. Location of fans, hoods, when required by the Chief and ducts shall meet the approval of the Fire Department. SECTION 610.4.8 -INTERIOR FINISH: Add section 610.4.8, Interior fnish, as follows: All ski shops shall have no less than one hour fire resistive assemblies for walls, ceilings and floors. Interior finish of the room shall be Class A, as tested in accordance to ASTM E 84. All work tables where the use of open flame or heat producing devices is permitted, shall be ofnon-combustible construction on the surface and all exposed surfaces adjacent to such production processes. SECTION 610.5-TEMPORARY SKI REPAIR FACILITIES: Add section 610.5, Temporary ski repair facilities, as follows: Temporary ski repair facilities maybe ~ allowed under the following conditions: ,~ 1. Temporary ski repair facilities are defined as those designated and intended for less than 30 days use, and outlined in section 610.4.1. 11 2. Ventilation requirements for the immediate ski repair area maybe waived, provided the room or space in which the ski repair operation is located is provided with mechanical and/or natural ventilation sufficient to provide a minimum of six air changes per hour, or meets the International Bulding Code requirements for building usage. 3. Flammable liquid usage shall be limited to rooms equipped vuth automatic fire sprinkler systems. Maximum quantity shall not exceed one U.S. gallon. 4. Temporary ski repair operations shall not adversely affect the health or life-safety of the occupants of the building. 5. Temporary ski repair operations shall not be allov~ed to cause false alarms. It shall be the responsibilityof both the building owner/manager and the operator of the ski repair operation to take apprcpriate measures to avoid false alarms (activation of fire detection system under non- emergencycircumstances). 6. Afire extinguisher with a minimum rating of 2A40bc shall be provided for each 400 square feet of ski shop repair area. Such fire extinguisher shall be equipped with a service tag, provided by a licensed fire protection company, indicating that the extinguisher has been serviced and/or recharged within the last twelve months. 7. Temporary ski repair operations shall not be allov~ed within the residential portions, accommodation units, dv~elling units, condominiums or sleeping rooms of buildings. Hazardous rooms shall not allow (i.e. -boiler rooms, HVAC, electrical rooms, rooms beneath stairs, non fre-rated attics, storage rooms and similar spaces). 8. All installations and features thereof are subject to the approval of the Fire Chief and Chief Building Official. SECTION 804.1.1 -RESTRICTED OCCUPANCIES: Section 804.1.1, Restricted occupancies, is hereby amended as follows: Exception, Trees located in areas protected by an approved automatic sprinkler system installed in accordance with Section 901.3.1.1 or 901.3.1.2 shall not be prohibited in Groups F~1 and R-2. SECTION 902 -DEFINITIONS: Section 902, Definitions, is hereby amended to read as follows: Alarm Signal. Is an audible or visual signal or other device 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 15 dbA above ambient noise levels or 5 dbA above the maximum noise level lasting 60 seconds or more. Alarm System. Is a combination of approved compatible devices with the necessary electrical inter-connections and energy to detect smoke or fire conditions, 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; 12 1. National Fire Protection Agency(N.F.P.A.) Standard 72, 2002 edition. National Fire Alarm Code. 2. N.F.P.A. 90A, 2002 edition, Air Conditioning and Ventilation S}stems. 3. N.F.P.A. 90B, 2002 edition, Warm Air Heating and Conditioning Systems. 4. N.F.P.A. 13, 13D, 13R, 2002 editions, Installation ofSprinkler Systems. 5. N.F.P.A. 14, 2003 edition, Standpipe Stems. 6. N.F.P.A. 96, 2001 edition, Removal of Smoke and Grease Laden Vapors from Commercial Cooking Equipment. 7. N.F.P.A. 101, 2003 edition, Life Safety Code. 8. N.F.P.A. 17A, 2003 edition, Standard for Wet Chemical Extinguishing Systems SECTION 907.1.1 - CONSTRCTION DOCUMENTS: 907.1.1, Construction documents, is hereby amended as follows: Delete entire section and replace vNth the following: Construction documents for fire alarm systems shall be submitted on reflected ceiling plans for review and approval prior to system installation. A minimum of'/ inch per foot scale is preferred. CAD plans on 1/8 inch per foot scale maybe allowed if sufficient clarity is shown and plans are submitted in black and white. Construction documents shall include, but not limited to, all of the following: 1. A floor plan which indicates the use of all rooms. 2. Locations ofalarm-initiating and notification appliances. 3. Alarm control and trouble signaling equipment. 4. Annunciation. 5. Power connection. 6. Battery calculations. 7. Conductor type and size. 8. Voltage drop calculations. 9. Manufacturers, model numbers and listing information for equipment, devices and materials. 10. Details of ceiling height and construction. 11. The interface of fire safety control functions. SECTION 907.1.2 -EQUIPMENT: Section 907.1.2, Equipment, is hereby amended to include the following: Listing information regarding devices, control panels, batteries, wiring, back boxes and any other associated equipment shall be included for review. Additionally, where options are available, these shall be specified by device type and specific model number. SECTION 907.2 -WHERE REQUIRED-NEW BUILDINGS AND STRUCTURES: Section 907.2, Where required-new buildings and structures, is hereby amended as follows: Every hotel, motel, apartment building, condominium building and commercial building with attached residential occupancies having 3~ or more stories, or with more than 11 units, classified under the International Building Code, 2003 edition as Group A 1, A-2, A-2.1, A-3, A-4, B-2, R-1; R-2, R- 13 3 and S-2 shall have a fire alarm system installed in accordance with International Building Code Standards 2003 edition, and in accordance v~ith N.F.P.A. 72, 2002 edition. ' Explanatory material: While the activation of a single flow switch will annunciate sprinkler flow, it should be noted a dryvalve is allowed by code to protect an area in the range. of forty-five thousand feet up to limitations imposed by system areas. This is not considered adequate in terms of identifying immediate location. In respect to life-safety, particularly for firefighters responding in these areas, it is in the best interest that these areas be further protected with the installation of heat or smoke detection devices. Additionally, these devices shall be identified with specific addresses such that firefighters may locate more readilythe activated device. 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 bythe 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 vuth 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 or equivalent devices. 4. Each sleeping room shall have a smoke detector complying with U.L. 268. Device location shall be centrally located. 5. Audible 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 maybe 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 shall be installed in all occupancies so as to enable the fire department to automaticallyor 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. 7. Basement occupancies classified as Group A-1, A-2, A-2.1, A-3, A-4, B-2, R-1 or R-2 under the International Building Code, 2003 edition, with an occupant load of 10 persons or more, shall have a fire alarm system installed in accordance to N.F.P.A. and International Fire Code 2003 Standards. 8. Occupancies such as nightclubs, discos, dining and drinking establishments with live music, recorded music, or other similar sound producing equipment shall have an alarr°n actuated shunt trip to disconnect the source of music amplification, when the building is equipped with a fire alarm system. 14 9. Buildings classified as R-1 or with residential occupancies in group /k1, A-2, ~A-3, A-4 or B-2, 3 stories or more shall be equipped v~ith a fire alarm system in accordance with NFPA .72 (2002), as amended. 10. Buildings under remodel-where the fire or occupant load is increased, classified as R-1, A-2, A-2.1, A-3, A-4, B-2 or H, shall have a fire alarm system installed in accordance with NFPA 72 (2002), as amended. SECTION 907.2.1 - GROUP A: Section 907.2.1, Group A is herebyamended as follows: Delete exception eliminating manual pull stations. SECTION 907.2.1.1 -SYSTEM INITIATION IN GROUP A OCCUPANCIES WITH AN OCCUPANT LOAD OF.1,000 OR MORE: Section 907.2.1.1, System initiation in Group A occupancies with an occupant load of 1000 or more is hereby amended as follows: This section shall be amended to an occupant load of 500 persons as measured by square footage. SECTION 907.2.2 -GROUP B: Section 907.2.2, Group B is herebyamended as follows: Manual fire alarm systems shall be installed in all Group B occupancies. Delete all exceptions. SECTION 907.2.3 -GROUP E: Section 907.2.3, Group E, is herebyamended as follows: Delete all exceptions. SECTION 907.2.4 -GROUP F: Section 907.2.4, Group F, is herebyamended as follows: A manual fire alarm system shall be installed in all Group F occupancies. Delete exception. SECTION 907.2.6.2.3 - (GROUP I-3) SMOKE DETECTORS: Section 907.2.6.2.3 (Group I-3), Smoke detectors, is herebyamended as follows: Delete all exceptions. SECTION 907.2.7 -GROUP M: Section 907.2.7, Group M, is hereby amended as follows: Manual fire alarm systems shall be installed in all Group M occupancies. Delete exception. SECTION 907.2.7.1 - (GROUP M) OCCUPANT NOTIFICATION: Section 907.2.7.1 (Group M) Occupant notification, is hereby amended as follows: Delete entire section and replace with the following: Manual fire alarm systems shall not operate in lieu of an automatic fire alarm system at times the building is occupied. The emergency voice/alarm communication system shall not be allowed to be used for other announcements. SECTION 907.2.8.1 - (GROUP R-1) MANUAL FIRE ALARM SYSTEMS: Section 907.2.8.1 (Group R-1 ), Manual fire alarm system, is hereby amended as follows: Delete all exceptions. ~ SECTION 907.2.8.2 - (GROUP R-1) AUTOMATIC FIRE ALARMS: Section 907.2.8.2 (Group R-1) Automatic fire alarm system, is hereby amended as 15 follows: Delete exception. SECTION 907.2.8.3 - (GROUP R-1) SMOKE ALARMS: Section 907.2.8.3(Group R-1) Smoke alarms, is herebyamended as follows: Delete entire section and replace with the following: Smoke alarms shall be installed and be fully addressable, analog systems. They shall be monitored at a listed monitoring facility. SECTION 907.2.9 -GROUP R-2: Section 907.2.9, Group R 2, is hereby amended as follows: Item 3.The building contains more than 11 dwelling units or sleeping units. Delete all exceptions. SECTION 907.4.3 - (MANUAL FIRE ALARM BOXES) COLOR: Section 907.4.3, (manual fire alarm boxes), Color, is herebyamended as follows: Delete section in its entirety and replace with the following: Manual fire alarm boxes should be of contrasting color to the background on which they are mounted. SECTION 907.12 -DUCT SMOKE DETECTORS: Section 907.12, Duct smoke detectors is hereby amended as follows: Delete all exceptions. SECTION 907.15 -MONITORING: Section 907.15, Monitoring is hereby amended as follows: Delete all exceptions. 10-1-6: AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE: The following amendments are hereby made to the International Mechanical Code, 2003 edition: SECTION 101.1 -TITLE: Section 101.1, Title, is hereby amended as follows: These regulations shall be known as the Mechanical Code of the Town of Vail, hereinafter known as "this code". SECTION 101.2 - SCOPE:.Section 101.2, Scope, is herby amended as follows: Delete exception 1 and 2 in their entirety. SECTION 106.5.2- FEE SCHEDULE: Section 106.5.2, Fee Schedule, is hereby amended as follows: The construction fee schedule for the Town of Vail shall be on file and maintained in the office of the Community Development Department. SECTION 106.5.2 -FEE REFUNDS: Section 106.5.2, Fee refunds, Item 2 and Item 3, is hereby amended as follows: 2. Not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this code. Item 3. Not more than 80% ofthe plan review fee paid when an applicant for a permit for which a plan review has been paid is withdrawn or canceled before any plan review effort has been expended. SECTION 701.1.1- UNUSUALLY TIGHT CONSTRUCTION: Add Section 701.1., 1 Unusually Tight Construction, All habitable buildings within the Town of Vail jurisdiction shall be considered unusually tight construction. 16 SECTION 702 -INSIDE AIR: Section 702, Inside Air, is I~reby amended as follows: Delete this section in its entirety. SECTION 704 -COMBINED USE OF INSIDE AND OUTSIDE AIR (CONDTION 1): Section 704.1, Combination of air from inside and outside, is herebyamended as follows: With approval of the building official, this section shall applyonly to appliances located in confined spaces in existing buildings not of unusually tight construction. SECTION 705- COMBINED USE OF INSIDE AND .OUTSIDE AIR (CONDITION 2): Section 705.1, General, is herebyamended as follows: With approval of the building official, this section shall apply only to_appliances located in unconfined spaces in existing buildings of unusually tight construction. SECTION 802.7- SUPPORT OF VENTS: Section 802.7, Support of vents, shall hereby be amended as follows: Enclosure and Support of Vents. All portions of vents shall be adequately supported for the design and weight of the materials employed. All portions of venting systems which extend through occupied and storage spaces shall be enclosed to avoid contact or damage to the installation. SECTION 903.3 - UNVENTED GAS LOG HEATERS: Section 903.3, Unvented gas log heaters, shall hereby be amended as follows: Unvented gas log heaters are prohibited. 10-1-7: AMENDMENTS TO THE INTERNATIONAL PLUMBING CODE: The following amendments are hereby made to the International Plumbing Code, 2003 edition: SECTION 101.1- TITLE: Section 101.1 Title, is hereby amended as. follows: These regulations shall be known as the Plumbing Code of the Town of Vail hereinafter referred to as "this code." SECTION 101.2- SCOPE: Section 101.2, Scope, is herebyamended as follows: Delete Exception 1 and 2 in their entirety. SECTION 106.6.2 FEE SCHEDULE: Section 106.6.2, Fee schedule, is hereby amended as follows: The construction fee schedule for the Town of Vail shall be on file and maintained in the office of the Community Development Department. SECTION 106.6.3 FEE REFUNDS: Section 106.6.2, Fee refunds, Item 2 and 3 are hereby amended as follows: Item 2. Not more than 80% ofthe permit fee paid when no work has been done under a permit issued in accordance v~ith this code. Item 3. Not more than 80% of the plan review fee paid when an applicant for a permit for which a plan review has been paid is withdrawn or cancelled before any plan review effort has been expended. SECTION 412- FLOOR AND TRENCH DRAINS: Section 412, Floor and Trench Drains, are hereby amended by adding the following subsection: 412.5, 17 Mechanical Rooms, For heating or ho~water boiler applications, the boiler room shall be equipped with a floor drain or. other means suitable for disposing of the accumulation of liquid waste incidental to cleaning, recharging and routine maintenance. SECTION 606.2- LOCATION OF SHUTOFF VALVES: Section 606.2, Location of shut off valves, Item 1, is herebyamended as follows: On the fixture supply to each plumbing fixture other than bathtubs, shov~,ers and concealed wall mounted faucets in one and two family residential occupancies, and other than in indiudual guestrooms that are provided vvith unit shutoff valves in hotels, motels, boarding houses and similar occupancies. SECTION 904.1 -ROOF EXTENSION: Section 904.1, Roof extension, is hereby amended as follows: All open vent pipes that extend through a roof shall be terminated at least 12 inches above the roof, except that where a roof is to be used for any purpose other than weather protection, the ant shall be run a least 7 feet (2134mm) above the roof. SECTION 904.2 -FROST CLOSURE: Section 904.2, Frost closure, is hereby amended as follows: Every vent extension through a roof or wall shall be a minimum of 3 inches (76mm) in diameter. Anyincrease in size of the vent shall be made inside the structure a minimum of 1 foot (305mm) below the roof or inside the wall. 10-1-8 AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE: The following amendments are hereby made to the International Fuel Gas Code, 2003 edition: SECTION 101.1- TITLE: Section 101.1, Title, is hereby amended as follows: These regulations shall be known as the Fuel Gas Code of the Town of Vail, hereinafter referred to as "this code". SECTION 101.2- SCOPE: Section 101.2, Scope, is herebyamended as follows: Exception 1 8~ 2 is deleted in their entirety. SECTION 106.5.2- FEE SCHEDULE: Section 106.5.2, Fee schedule, is heresy . amended as follows: The construction fee schedule for the Town of Vail shall be on file and maintained in the office of the Community Development Department. All work regulated by the Fuel Gas Code shall be subject to fees as designated in the construction fee schedule for mechanical permits. SECTION 106.5.3- FEE REFUNDS: Section 106.5.3, Fee refunds, Item 2 and 3 is hereby amended as follows: Item 2. Not more than 80% ofthe permit fee paid when no work has been done under a permit issued in accordance with this code. Item 3. Not more than 80% ofthe plan review fee paid when an applicant for a permit for which plan review has been paid is vvithdrawrf or canceled before any plan review has been expended. 18 SECTION 303.3- PROHIBITED LOCATIONS: Section 303.3, Prohibited locations, is hereby amended as follows: delete exception 2 and 3 in their entirety and renumber exception 5, number 3. SECTION 303.4- PROTECTION FROM PHYSICAL DAMAGE: Section 303.4, Protection from physical damage, is hereby amended as follows: Appliances shall not be installed in a location where subject to physical damage unless protected by substantial barriers approved by the building official. SECTION 304.1- GENERAL: Section 304.1, General, is herebyamended as follows: Air for combustion, ventilation, and dilution of flue gases for gas utilization equipment installed in buildings shall be provided from the outdoors. With prior approval from the building official, the methods prescribed in section 304.7 may be used in existing buildings. SECTION 304.5- INDOOR COMBUSTION AIR: Section 304.5, Indoor combustion air, is herebyamended as follows: Delete this section in its entirety. SECTION 305.6- CONSTRUCTIGN AND PROTECTION: Section 305.6, Construction and protection, is herebyamended as follows: In all occupancies other than R-3, boiler rooms and furnace rooms shall be protected as required by the International8uilding Code. In R-3 occupancies, rooms containing a boiler, central heating plant or hot water supply boiler in excess of 400,000 Btu per hour input shall be separated from the rest of the building by not less than 1-hour fire- resistive construction on the room side of the heating equipment. Opening protection shall be obtained by use of a tight fitting, smoke-and draft-control, self- closing assemblies having afire-protection rating of not less than 20-minutes. All spaces containing fuel-fired equipment located in under-floor (crawlspace) and above-ceiling (attic) areas shall be separated from the rest of the building by not less than 1-hour fire-resistive construction on the space side of the heating equipment regardless of Btu input. Opening protection shall be obtained byuse of a tight fitting, smoke-and draft-control, self-closing assemblies having afire- protection rating of not less than 20-minutes. All under-floor and above ceiling spaces shall also be detected and protected in accordance to Vail Fire Department standards. All mechanical rooms shall be provded with a floor drain as required by the Plumbing Code of the Town of Vail. SECTION 404.14.1- LIMITATIONS: Section 404.14.1, Limitations, is hereby amended as follows: Plastic pipe shall be installed outside underground onlywith a minimum depth below finished grade of 18 inches. Plastic pipe shall not be used within or under any building or slab or be operated at pressures greater than 100 psig (689 kPa) for natural gas or 30 psig (207 kPa) for LP-gas. SECTION 406.4.1 TEST PRESSURE: Section 406.4.1, Test pressure, is hereby amended as follows: This test shall include an air, carbon dio~ode or nitrogen pressure test, at which time the gas piping shall withstand a pressure of not less than 10 psig (69 kPa). For v~elded pipe and for piping carrying gas pressure exceeding 14 inch water column, the test shall be at least 60 psg (414 kPa). 19 SECTION 406.4.2- TEST DURATION: Section 406.4.2, Test duration, is hereby amended as follows: Test duration shall not be less than 15 minutes far threaded pipe. For welded pipe and piping carrying gas pressure exceeding 14 inch water column, the duration shall not be less than 30 minutes. SECTION 501.8 EQUIPMENT NOT REQUIRED TO BE VENTED: Section 501.8, Equipment not required to be vented, shall be hereby amended as follows: Delete item 8, Room heaters listed for unvented use and renumber items- 9, 10. and 11 as 8, 9, and 10. SECTION 603 (IFGC) LOG LIGH~iERS: Section 603.1, General, shall herebybe amended as follows: Log lighters shall be prohibited to be installed in the Town of Vail. SECTION 621 (IFGC) UNVENTED ROOM HEATERS: Section 621, Unvented room heaters, shall herebybe amended as follows: Delete this section in its entirety. 10-1-9 AMENDMENTS TO THE NATIONAL ELECTRICAL CODE: The following amendments are hereby made to the National Electrical Code, 2002 edition: A. All electrical wiring in Groups A, B, E, F, H, I, M and S occupancies as defined in the International Building Code, shall be encased in conduits, raceways, or an approved armor. All wiring in Group R occupancies shall be encased in metal conduits, raceways, or an approved metal armored cable 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 sighal circuits as defined in article 720 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 and an application for contractor registration shall be provided to the Town of Vail Fire Marshal for review in accordance with the Town Code, section 4-2- 7. C. All such installations of remote control, low energy power and signal systems are subject to the permits and inspections set forth in 12-23-111 (24) 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 Electric Code. 10-1-10: COPIES OF CODES 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. 20 10-1-11: PENALTIES: . A. Any person who violates any of the provisions of the Codes adopted by this Chapter or fail to comply therewith, or who violates 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 subject to penalty as provided in Section 1-4-1 of this Code. 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. (1997 Code: Ord. 25(1991) § 6) The building codes adopted in this ordinance shall be effective for all building permit applications received by the Town of Vail, Community Development Department, Building Safety & Inspection Services, after January 1, 2005. Section 2. The building codes adopted bythis ordinance shall be effective forall building permit applications received by the Town of Vail, Department of Community Development, Building Safety and Inspection Services, on or after January 1, 2005. Section 3. If any part, section, subsection, sentence, clause or phrase ofthis 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 4. 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 5. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that 21 1 occurred prior to the effective date hereof, any prosecution commenced, nor anyother action or proceeding as commenced under or by virtue of the, provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw,. order, resolution or ordinance, or part thereo# theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1'`t day of February, 2005, and a public hearing for second reading of this Ordinance set for the 15th day of February, 2005, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of February, 2005. Rodney E. Slifer, Mayor ATTEST: c Lorelei Donaldson, Town Clerk Ordinance No. 3, Series of2005 22