Loading...
HomeMy WebLinkAbout2009 - Proof of PublicationPROOF OF PUBLICATION STATE OF COLORADO } } SS. COUNTY OF EAGLE } I, Don Rogers, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 1/1/2009 and that the last publication of said notice was in the issue of said newspaper dated 1/10/2009. In witness whereof has here untcyset my hand this 22nd day of January, 2009. Publ WI Gene 1 Manager/Editor 1.Pursua * &o Seodw B; tom of the [:harter a WO Vail, Wo&do thoriZ- there or (rBduCtlOR) d eBNd iIRProPriaYOns � k . iDdX Service Fund$6,5WX1.0ES. Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 22nd 2.110'the fmmediete „era 4�t awn to day nuary, 2009. � 1hsb�d� ng to the fiscalyear Pamela Joan Schultz a -oliie Notary Public *;41UM 9916' _W__ e"'e-KMI u, ()VARY X My Commission expires: November 1, 2011 O r h. •�� �A� PUB1-1C QQ OF C K)I�, . �v s 4 o Jw PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 01, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 7th day of January, 2009. Witness my hand and seal this 2S'— day of -2Ln_, 2009. Nagel Town o ail Deputy k (seal) ORDINANCE NO. 1 SERIES OF 2009 AN EMERGENCY ORDINANCE AMENDING THE TOWN OF VAIL'S DEBT SERVICE FUND BUDGET FOR 2008; MAKING SUPPLEMENTAL APPROPRIATIONS THERETO; AND DECLARING AN EMERGENCY. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Council has previously passed and adopted Ordinance No. 20, Series of 2008 on September 16, 2008 and Ordinance No. 32, Series of 2008 on December 16, 2008, (the "Bond Ordinances"), authorizing the issuance of the Town's Sales Tax Revenue Refunding Bonds, Series 2008 (the "Bonds"); and WHEREAS, the financial details of the transaction became known when the Bonds were priced on December 18, 2008 and were finalized when the Bonds closed on December 30, 2008, which date is included in the Town's 2008 fiscal year; and WHEREAS, this transaction could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 29, Series of 2007, adopting the 2008 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available from the Bond issuance to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, Section 4.11 of the Charter provides that an ordinance may be passed as an emergency measure for the preservation of the public property, health, welfare, peace or safety, upon unanimous vote of all members of the Council present or a vote of five members of the Council, whichever is less, and WHEREAS, in order to properly reflect the bond issuance as a 2008 transaction and promptly pay costs of issuance, the Town Council finds that it should make certain supplemental appropriations and budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following supplemental appropriations and budget adjustments for the 2008 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure or (reduction) of said appropriations as follows: Debt Service Fund $ 6,503,221.00 Ordinance No.1, Series of 2009 2. Due to the immediate need by the Town to record the bond closing in the proper fiscal year and to promptly pay costs of issuing the bonds, an emergency exists which requires the immediate passage of this ordinance as an emergency measure, and it is hereby declared that the approval of this ordinance as an emergency measure is necessary for the preservation of the public property, health, welfare, peace or safety. 3. Pursuant to Section 4.11 of the Charter, this ordinance shall be finally passed on the date hereof and shall be effective on the date hereof. This ordinance, as adopted by the Council, shall be numbered and recorded by the Town clerk of the Town in the official records of the Town. The ordinance shall be authenticated by signatures of the Mayor and Town Clerk of the Town, and shall be published within ten days of the date hereof as required by the Charter. 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 5. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 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. INTRODUCED AND FINALLY PASSED AS AN EMERGENCY MEASURE AND ORDERED PUBLISHED ONCE IN FULL this 6TH day of January, 2009. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 1, Series of 2009 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 02, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 18th day of February, 2009. Witness my hand and seal this day of , 2009. ORDINANCE NO.2 SERIES OF 2009 AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, VAIL TOWN CODE REGARDING THE OFFENSE OF DISTURBING THE PEACE IN THE TOWN OF VAIL. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, text messaging and email have become a regular and consistent form of media and communication in the United States and elsewhere; and WHEREAS, it has been demonstrated that such communication can be abused and used for the purpose of harassing others; and WHEREAS, the Town Council finds that the crime of disturbing the peace within the Town of Vail is of paramount concern and efficient police regulation of such a crime would preserve the general welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT; Section 1. Section 6 -3D -4A of the Vail Town Code is hereby amended to read as follows: A. Harassment: It is unlawful for a person to intentionally harass, annoy or alarm another person by: 1. Insults, taunts or challenges to another in a manner likely to provoke a violent or disorderly response; or 2. Following a person in or about a public place; or 3. Engaging in conduct or repeatedly committing acts that alarm or seriously annoy another person and that serve no legitimate purpose; or 4. Initiating communication with a person, anonymously or otherwise by telephone, computer, computer network, or computer system in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, or computer system which is obscene; or 5. Making a telephone call or causing a telephone to ring repeatedly, whether or not a conversation ensues, with no legitimate conversation; or Ordinance No. 02, Series of 2009 6. Making repeated communications at inconvenient hours or in offensively coarse language. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The 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 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of February, 2009, and a public hearing for second reading of this Ordinance set for the 3`d day of March, 2009, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 02, Series of 2009 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 02, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 4th day of March, 2009. Witness my hand and seal this day of , 2009. Am4ye l Deputy ORDINANCE NO.2 SERIES OF 2009 AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, VAIL TOWN CODE REGARDING THE OFFENSE OF DISTURBING THE PEACE IN THE TOWN OF VAIL. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council') have been duly elected and qualified; and WHEREAS, text messaging and email have become a regular and consistent form of media and communication in the United States and elsewhere; and WHEREAS, it has been demonstrated that such communication can be abused and used for the purpose of harassing others; and WHEREAS, the Town Council finds that the crime of disturbing the peace within the Town of Vail is of paramount concern and efficient police regulation of such a crime would preserve the general welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT; Section 1. Section 6 -3D -4A of the Vail Town Code is hereby amended to read as follows: A. Harassment: It is unlawful for a person to intentionally harass, annoy or alarm another person by: 1. Insults, taunts or challenges to another in a manner likely to provoke a violent or disorderly response; or 2. Following a person in or about a public place; or 3. Engaging in conduct or repeatedly committing acts that alarm or seriously annoy another person and that serve no legitimate purpose; or 4. Initiating communication with a person, anonymously or otherwise by telephone, computer, computer network, or computer system in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, or computer system which is obscene; or 5. Making a telephone call or causing a telephone to ring repeatedly, whether or not a conversation ensues, with no legitimate conversation; or 6. Making repeated communications at inconvenient hours or in offensively coarse language. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this Ordinance No. 02, Series of 2009 ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The 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 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17`h day of February, 2009, and a public hearing for second reading of this Ordinance set for the 3rd day of March, 2009, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 3rd day of March, 2009. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 02, Series of 2009 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 04, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 4th day of February, 2009. Witness my hand and seal this SJO day of , 2009. Tam AFNagel •.Q�` Town o ail Dep •• seal) ORDINANCE NO.4 SERIES 2009 AN ORDINANCE AMENDING CHAPTER 5-1, PUBLIC NUISANCES, TO MINIMIZE THE POTENTIAL NEGATIVE EFFECTS OF CONSTRUCTION WORK LIGHTING, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town Council finds and determines that the nighttime operation of construction work lighting directed at adjacent properties and right-of-ways creates a public nuisance; and, WHEREAS, the Town Council finds and determines that the nighttime operation of construction work lighting after the associated construction activities have ceased creates a public nuisance; and, WHEREAS, the Town Council finds and determines the provisions of Chapter 5-1, Public Nuisance, Vail Town Code, must be amended to address the potential negative affects of construction work lighting; and, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by adopting these regulations. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 5-1, Public Nuisances, of the Vail Town Code is hereby amended in part as follows (text to be deleted is in s#iket#Feugh, text that is to be added is bold, and sections of text that are not amended have been omitted) 5-1-11: CONSTRUCTION WORK LIGHTING: The purpose of this section is to minimize the possible negative effects of construction work lighting on adjacent properties within the town. A. All artificial light sources operated for the purpose of illuminating construction work activities shall be directed internally to the development site toward the specific construction work area or on-site objects intended to be illuminated. Any artificial light sources operating between sunset and sunrise for the purpose of illuminating construction work activities directed at an adjacent property or public way within the town shall be deemed a public nuisance. B. All artificial light sources operated for the purpose of illuminating construction work activities shall cease operation once the associated construction activities have ceased. Any artificial light source operating between sunset and sunrise for the purpose of illuminating construction work activities that remains in operation after the associated construction activities have ceased shall be deemed a public nuisance. C. This section shall not apply to lighting required for identifying hazards or illuminating road construction. Ordinance No. 1, Series of 2009, first reading D. This section shall not apply to any outdoor lighting otherwise regulated by Section 14-10-7, Outdoor Lighting, Vail Town Code. 5-1-1412: CREATION OF NUISANCE PROHIBITED: No person shall perform any act or acts constituting a nuisance under sections 5-1-2 through 5-1-1911 of this chapter nor shall any person create, keep, maintain, or allow or cause to be created, kept, maintained or to exist any nuisance set forth in sections 5-1-2 through 5-14.011 of this chapter within the town. 5-14-213: INVESTIGATION; ABATEMENT NOTICE: The town council or any person specifically authorized by the council shall investigate into every public nuisance within the town, and the town council shall have the power to deliver a request for abatement to any person in control of any public nuisance. Any request for abatement delivered by the town council shall be in writing and shall state the nature of the nuisance or nuisances which are to be abated and shall specify a reasonable time within which such nuisance or nuisances are to be abated. It is the duty of any person in control of any public nuisance within the town to abate the nuisance upon receiving a request for abatement from the town council within the time specified in the request. 5-1-4314: ABATEMENT PROCEDURE: In addition to or in place of proceeding under section 5-1-42 13 of this chapter against any person who is believed to have violated or to be violating any of the provisions of this chapter, the town council may direct the town attorney to bring an action in the municipal court for the town to abate and restrain any nuisance set forth in sections 5-1- 2 through 5-1-40 11 of this chapter within the town; provided, that any action to abate and restrain any such nuisance shall operate as a bar to any subsequent proceedings under section 5-1--44 13 of this chapter for the violation of any of the provisions of this chapter where the violation occurred prior to the action to abate or restrain the nuisance, and no testimony given by the defendant at any hearing in an action to abate or restrain the nuisance shall be admissible against such person in any proceeding under section 5- 1-42 13 of this chapter instituted for any violation of the provisions of this Chapter occurring subsequent to the hearing. 5-1-1415: CIVIL REMEDY NOT PRECLUDED: No provision of this chapter shall be construed as prohibiting any private person from bringing any action, seeking any remedy or taking any step with respect to any nuisance set forth in sections 5-1-2 through 5-1-40 11 of this chapter as that person may be authorized or permitted to bring, seek, or take under state law. 5-1-4-516: VIOLATION; PENALTY: Any person convicted of violating any of the provisions of this chapter shall be punished as provided in section 1-4-1 of this code; provided, that each separate act in violation of the provisions of this chapter, or each and every day or portion thereof during which any separate act in violation of this chapter is committed, continued, or permitted, shall be deemed a separate offense. 2 Ordinance No. 1, Series of 2009, first reading Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The 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 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of February, 2009 and a public hearing for second reading of this Ordinance set for the 17th day of February, 2009, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance No. 1, Series of 2009, first reading PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 04, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 18th day of February, 2009. Witness my hand and seal this hs day of 2009. r, AMMSel oDeputy (seal ;�; ORDINANCE NO.4 SERIES 2009 AN ORDINANCE AMENDING CHAPTER 5-1, PUBLIC NUISANCES, TO MINIMIZE THE POTENTIAL NEGATIVE EFFECTS OF CONSTRUCTION WORK LIGHTING, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town Council finds and determines that the nighttime operation of construction work lighting directed at adjacent properties and right-of-ways creates a public nuisance; and, WHEREAS, the Town Council finds and determines that the nighttime operation of construction work lighting after the associated construction activities have ceased creates a public nuisance; and, WHEREAS, the Town Council finds and determines the provisions of Chapter 5-1, Public Nuisance, Vail Town Code, must be amended to address the potential negative affects of construction work lighting; and, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by adopting these regulations. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 5-1, Public Nuisances, of the Vail Town Code is hereby amended in part as follows (text to be deleted is in stfikeh, text that is to be added is bold, and sections of text that are not amended have been omitted) 5-1-11: CONSTRUCTION WORK LIGHTING: The purpose of this section is to minimize the possible negative effects of construction work lighting on adjacent properties within the town. A. All artificial light sources operated for the purpose of illuminating construction work activities shall be directed internally to the development site toward the specific construction work area or on-site objects intended to be illuminated. Any artificial light sources operating between sunset and sunrise for the purpose of illuminating construction work activities directed at an adjacent property or public way within the town shall be deemed a public nuisance. B. All artificial light sources operated for the purpose of illuminating construction work activities shall cease operation once the associated construction activities have ceased. Any artificial light source operating between sunset and sunrise for the purpose of illuminating construction work activities that remains in operation after the associated construction activities have ceased shall be deemed a public nuisance. C. This section shall not apply to lighting required for identifying hazards or illuminating road construction. D. This section shall not apply to any outdoor lighting otherwise regulated by Section 14-10-7, Outdoor Lighting, Vail Town Code. 5-14412: CREATION OF NUISANCE PROHIBITED: No person shall perform any act or acts constituting a nuisance under sections 5-1-2 through 5-1-49 11 of this chapter nor shall any person create, keep, maintain, or allow or cause to be created, kept, maintained or to exist any nuisance set forth in sections 5-1-2 through 5-1-1-911 of this chapter within the town. 5-1-4-213: INVESTIGATION; ABATEMENT NOTICE: The town council or any person specifically authorized by the council shall investigate into every public nuisance within the town, and the town council shall have the power to deliver a request for abatement to any person in control of any public nuisance. Any request for abatement delivered by the town council shall be in writing and shall state the nature of the nuisance or nuisances which are to be abated and shall specify a reasonable time within which such nuisance or nuisances are to be abated. It is the duty of any person in control of any public nuisance within the town to abate the nuisance upon receiving a request for abatement from the town council within the time specified in the request. 5-1-1314: ABATEMENT PROCEDURE: In addition to or in place of proceeding under section 5-1-4-2 13 of this chapter against any person who is believed to have violated or to be violating any of the provisions of this chapter, the town council may direct the town attorney to bring an action in the municipal court for the town to abate and restrain any nuisance set forth in sections 5-1- 2 through 5-1-4-9 11 of this chapter within the town; provided, that any action to abate and restrain any such nuisance shall operate as a bar to any subsequent proceedings under section 5-14-3 13 of this chapter for the violation of any of the provisions of this chapter where the violation occurred prior to the action to abate or restrain the nuisance, and no testimony given by the defendant at any hearing in an action to abate or restrain the nuisance shall be admissible against such person in any proceeding under section 5- 14-2 13 of this chapter instituted for any violation of the provisions of this Chapter occurring subsequent to the hearing. 5-1-1415: CIVIL REMEDY NOT PRECLUDED: No provision of this chapter shall be construed as prohibiting any private person from bringing any action, seeking any remedy or taking any step with respect to any nuisance set forth in sections 5-1-2 through 5-1-49 11 of this chapter as that person may be authorized or permitted to bring, seek, or take under state law. 5-1-4.516: VIOLATION; PENALTY: Any person convicted of violating any of the provisions of this chapter shall be punished as provided in section 1-4-1 of this code; provided, that each separate act in violation of the provisions of this chapter, or each and every day or portion thereof during which any separate act in violation of this chapter is committed, continued, or permitted, shall be deemed a separate offense. 2 Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The 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 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of February, 2009 and a public hearing for second reading of this Ordinance set for the 17th day of February, 2009, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 17th day of February, 2009. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk 3 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 05, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 18th day of February, 2009. Witness my hand and seal this / day o , 2009. •�O T my Na I T9 0N (seal)Town o Vail Deputy Cler s" o� ORDINANCE NO. 5 SERIES OF 2009 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, AND HEAVY EQUIPMENT FUND OF THE 2009 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2009 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 28, Series of 2008, adopting the 2009 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2009 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ (913,500) Capital Projects Fund (246,413) Heavy Equipment Fund (117,000) Total $(1,276,913) 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants Ordinance No. 5, Series of 2009 thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of February, 2009, and a public hearing shall be held on this Ordinance on the 3rd day of March, 2009, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 5, Series of 2009 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 05, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 4th day of March, 2009. Witness my hand and seal this 0day of _ , 2009. c�g - - r� - A my I Town of Vail puty erk ORDINANCE NO. 5 SERIES OF 2009 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, AND HEAVY EQUIPMENT FUND OF THE 2009 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2009 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 28, Series of 2008, adopting the 2009 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2009 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ (913,500) Capital Projects Fund (246,413) Heavy Equipment Fund (117.000) Total $(1,276,913) 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants Ordinance No. 5, Series of 2009 thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of February, 2009, and a public hearing shall be held on this Ordinance on the 3rd day of March, 2009, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 3rd day of March, 2009. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 5, Series of 2009 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 07, Series of 2009, on the Town of Vail's web site, www.vail-gov.com, on the 20th day of May 2009. Witness my hand and seal this day of , 2009. a wn of Vai Deputy (seal) ORDINANCE NO. 7 Series of 2009 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 5, SERIES OF 2006, ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 39, CROSSROADS, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING TITLE, TOWN CODE OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Title 12, Zoning Title, Chapter 9, Article A, Special Development (SDD) District, Town Code of Vail establishes a procedure for amending special development districts; and WHEREAS, Crossroads East One, LLC and Crossroads West One, LLC, has submitted an application to the Town of Vail Community Development Department to amend Special Development District No. 39, Crossroads, to facilitate the redevelopment of an existing mixed use development; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on March 9, 2009, on the application to amend Special Development District No. 39, Crossroads, in accordance with the provisions of the Town Code of Vail; and WHEREAS, upon due consideration, the Planning and Environmental Commission of the Town of Vail found that the request complies with the design criteria prescribed in the Title 12, Zoning Regulations, Vail Town Code, and furthers the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has forwarded a recommendation of approval with conditions, by a vote of 6-1-0 of this request for a major amendment to increase the maximum number of dwelling units from 77 to 78 for Special Development District No. 39, Crossroads, to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the request to amend Special Development District No. 39, Crossroads, complies with the design criteria prescribed in the Title 12, Zoning Title, Town Code of Vail; and provides a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt Ordinance No. 7, Series of 2009, which repeals and re-enacts Ordinance No. 5, Series of 2006, which established Special Development District No. 39, Crossroads, in the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. District Established Special Development District No. 39, Crossroads, is established for development on two parcels of land, legally described as Lot P and A Part of Tract C, Block 5D, Vail Village Filing 1, which comprise a total of 115,129 square feet (2.643 acres) in the Vail Village area of the Town of Vail. Said parcels may be referred to as "SDD No. 39". Special Ordinance No. 7, Series 2009 1 Development District No. 39 shall be reflected as such on the Official Zoning Map of the Town of Vail. The underlying zoning for Special Development District No. 39, Crossroads, shall be Commercial Service Center (CSC) District. Section 2. Special Development District No. 39, Crossroads, Approved Development Plan An approved development plan is the principal document in guiding the development, uses and activities of a special development district. The Vail Town Council finds that the Approved Development Plan for Special Development District No. 39, Crossroads, complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Town Code of Vail. The Approved Development Plan for Special Development District No. 39, Crossroads, shall be comprised of materials submitted in accordance with Section 12-9A-5 of the Town Code of Vail and those plans prepared by Barnes Coy Architects and Davis Partnership Architects, entitled "Solaris", dated January 15, 2007, and stamped approved April 3, 2007 and amended pages dated February 27, 2009, and stamped approved May 19, 2009. Section 3. Development Standards In conjunction with the Approved Development Plan described in Section 2 herein, the following development standards are hereby approved by the Vail Town Council. These standards are incorporated in the Approved Development Plan to protect the integrity of the development of Special Development District No. 39, Crossroads. The development standards for Special Development District No. 39, Crossroads, are described below: 1. A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No. 39, Crossroads, shall be those uses listed in Title 12, Chapter 7, Article E, Commercial Service Center zone district, Town Code of Vail, as may be amended from time to time. The approval of SDD No. 39 shall restrict the uses upon the plaza level tenant spaces to "retail/restaurant" uses solely and shall not be utilized for "professional offices, business offices, and studios" uses, as defined in Title 12. A professional office intended for real estate sales may be allowed on the plaza level of the building for a period of two years following the date of the issuance of a temporary certificate of occupancy or a final certificate of occupancy to allow for the sales of the on- site dwelling units and leasing of commercial spaces. No space noted as retail/restaurant space on the Approved Development Plan shall be converted to a dwelling unit. B. Lot Area: The minimum lot area for Special Development District No. 39, Crossroads, shall be 115,129 square feet (2.643 acres). C. Setbacks: The minimum setbacks for Special Development District No. 39, Crossroads, shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. D. Height: The maximum allowable building height for Special Development District No. 39, Crossroads shall be ninety-nine and nine tenths feet (99.9'), and as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. Ordinance No. 7, Series 2009 2 E. Density Control: The maximum allowable Gross Residential Floor Area (GRFA) for Special Development District No. 39, Crossroads, shall be 200,858 square feet and the maximum allowable density shall be seventy- eight (78) dwelling units, and five (5) attached accommodation units, as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. F. Site Coverage: The maximum allowable site coverage shall be ninety-three and six tenths percent (93.6%) or 107,772 square feet of the total lot area, and as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. G. Landscaping and Site Development: At least twenty percent (20%) of the total site shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen (15) feet with a minimum area of not less than three hundred (300) square feet. The landscaping and site development shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. H. Parking and Loading: Off street parking and loading shall be provided in accordance with title 12-10 of the Vail Town Code. At least one-half (1/2) of the required parking shall be located within the main building or buildings. The minimum number of loading and delivery bays shall be five (5), as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. Section 4. Conditions of Approval The following conditions of approval shall become part of the Town's approval of the establishment of Special Development District No. 39, Crossroads: The Developer shall address the following conditions of approval prior to appearing before the Vail Town Council for second reading of an adopting ordinance for the establishment of Special Development District No. 39, Crossroads: The Developer shall prepare an amended written agreement, for Town Council review and approval, outlining the responsibilities and requirements of the required offsite improvements, as indicated on the proposed Approved Development Plan. This agreement shall include, but not be limited to, all streetscape improvements along Village Center Road and East Meadow Drive, public access to the plaza for pedestrians and Town sponsored events, which may include the establishment of an easement on the plaza and language in the covenants and declarations for owners of property in the project regarding the use of the plaza for special events, inclusion of the loading and delivery facility in the overall loading and delivery system, payment of traffic impact fees and credits given to offset fee, and details for funding public art. The Developer shall address the following conditions of approval prior to submitting a building permit application (a grading permit/excavation permit shall constitute a building permit); Ordinance No. 7, Series 2009 3 The Developer shall submit a final exterior building materials list, typical wall section, architectural specifications, and a complete color rendering for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 2. The Developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the submittal of a building permit application. All rooftop mechanical equipment shall be incorporated into the overall design of the structure and enclosed and visually screened from public view. 3. The Developer shall receive all the required permits from the Colorado Department of Transportation (CDOT) prior to submitting for a building permit. Failure to receive the appropriate permits to access the South Frontage Road per the Approved Development Plan will require the project to return through the special development district review process. 4. The Developer shall comply with the written final comments of the Town of Vail Public Works Department outlined in the memorandum from the Town of Vail Public Works Department, dated January 16, 2006, prior to submitting an application to the Town of Vail Community Department for the issuance of a building permit for this project. 5. The Developer shall submit a written letter agreeing to install a public safety radio communications system within the subterranean parking structure which meets the specifications of the Town of Vail Communications Center. The specifications and details of this system shall be submitted to staff for review and approval with the application for a building permit. 6. The Developer shall submit a fire and life safety plan for review and approval by the Town of Vail Fire Department in conjunction with the building permit submittal. The Developer shall address the following conditions of approval prior to release of a full building permit, requesting a temporary certificate of occupancy, or a final certificate of occupancy; 1. The Developer shall submit a comprehensive sign program for review and approval by the Design Review Board, prior to requesting a temporary certificate of occupancy, or a final certificate of occupancy. 2. The Developer shall be assessed a traffic impact fee of $6,500 per net trip increase in p.m. traffic. The traffic and trip generation report prepared by Fox Higgins Transportation Group dated June 2007, that specifically addresses the change in number of condominium units from 75 to 77, states that the net peak increase is 81 trips, 13 more trips than in the original approved traffic study dated November 2005. Since the usage of the commercial space is still in flux the Public Works Department will require that a new study be performed prior to the issuance of a full building permit to address the traffic generation created by the specific tenants that will lease the commercial/retail space within the project. This change may cause the trip generation to increase. The applicant shall be responsible for mitigating the number of net peak trip increases depicted in the revised study. This impact fee Ordinance No. 7, Series 2009 4 shall not be offset by any public improvements and shall be paid prior to requesting a temporary certificate of occupancy or certificate of occupancy. 3. The Developer shall post a bond to provide financial security for 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a temporary certificate of occupancy. This includes but is not limited to the proposed streetscape improvements. 4. The Developer shall commence initial construction of the Crossroads improvements within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. 5. Employee Housing: Crossroads shall furnish deed restricted employee housing sufficient to accommodate 22 occupants by executing appropriate restrictive covenant(s) on form(s) provided by the Town. Any dwelling unit(s) restricted shall conform to the following floor area requirements: a one -bedroom unit shall contain at least 550 sq. ft. of floor area and accommodate no more than 2 occupants; a two- bedroom unit shall contain at least 850 sq. ft. of floor area and accommodate no more than 3 occupants; a three-bedroom unit shall contain at least 1,350 sq. ft. of floor area and accommodate no more than 4 occupants; and a four-bedroom unit shall contain at least 1,500 sq. ft. of floor area and accommodate no more that 5 occupants. The Town may approve minor variations in floor area when the overall intent of the floor area requirements is being met. Any deed restriction shall be for property located within the Town. Such deed restriction(s) shall be executed and provided to the Town for recording and restricted unit(s) shall be available for occupancy prior to the issuance of a temporary certificate of occupancy for the Crossroads Project or any phase thereof. Any deed restricted employee housing unit shall comply with the standards and procedures established by the Town Zoning Regulations. 6. The approval of SDD No. 39, Crossroads, shall restrict the uses upon the plaza level tenant spaces to retail uses solely and shall not be utilized for professional offices, business offices, and studios. The second floor retail space may be utilized for any allowable or conditional use as listed in the Commercial Service Center Zone District. No space noted as retail space on the Approved Development Plan shall be converted to a residential dwelling unit. Temporary real estate sales offices may be allowed on the plaza level of retail during the first two years following the issuance of a certificate of occupancy in order to allow effective sales of dwelling units on-site. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Vail Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase Ordinance No. 7, Series 2009 5 thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The Vail 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. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. Section 7. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or 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 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of May, 2009, and a public hearing for second reading of this Ordinance set for the 2nd day of June 2009, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 7, Series 2009 6 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 07, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 3rd day of June 2009. Witness my hand and seal this day of Q , 2009. m e"rk To ail (seal) ORDINANCE NO. 7 Series of 2009 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 5, SERIES OF 2006, ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 39, CROSSROADS, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING TITLE, TOWN CODE OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Title 12, Zoning Title, Chapter 9, Article A, Special Development (SDD) District, Town Code of Vail establishes a procedure for amending special development districts; and WHEREAS, Crossroads East One, LLC and Crossroads West One, LLC, has submitted an application to the Town of Vail Community Development Department to amend Special Development District No. 39, Crossroads, to facilitate the redevelopment of an existing mixed use development; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on March 9, 2009, on the application to amend Special Development District No. 39, Crossroads, in accordance with the provisions of the Town Code of Vail; and WHEREAS, upon due consideration, the Planning and Environmental Commission of the Town of Vail found that the request complies with the design criteria prescribed in the Title 12, Zoning Regulations, Vail Town Code, and furthers the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has forwarded a recommendation of approval with conditions, by a vote of 6-1-0 of this request for a major amendment to increase the maximum number of dwelling units from 77 to 78 for Special Development District No. 39, Crossroads, to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the request to amend Special Development District No. 39, Crossroads, complies with the design criteria prescribed in the Title 12, Zoning Title, Town Code of Vail; and provides a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt Ordinance No. 7, Series of 2009, which repeals and re-enacts Ordinance No. 5, Series of 2006, which established Special Development District No. 39, Crossroads, in the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. District Established Special Development District No. 39, Crossroads, is established for development on two parcels of land, legally described as Lot P and A Part of Tract C, Block 5D, Vail Village Filing 1, which comprise a total of 115,129 square feet (2.643 acres) in the Vail Village area of the Town of Vail. Said parcels may be referred to as "SDD No. 39". Special Ordinance No. 7, Series 2009 Development District No. 39 shall be reflected as such on the Official Zoning Map of the Town of Vail. The underlying zoning for Special Development District No. 39, Crossroads, shall be Commercial Service Center (CSC) District. Section 2. Special Development District No. 39, Crossroads, Approved Development Plan An approved development plan is the principal document in guiding the development, uses and activities of a special development district. The Vail Town Council finds that the Approved Development Plan for Special Development District No. 39, Crossroads, complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Town Code of Vail. The Approved Development Plan for Special Development District No. 39, Crossroads, shall be comprised of materials submitted in accordance with Section 12-9A-5 of the Town Code of Vail and those plans prepared by Barnes Coy Architects and Davis Partnership Architects, entitled "Solaris", dated January 15, 2007, and stamped approved April 3, 2007 and amended pages dated February 27, 2009, and stamped approved June 2, 2009. Section 3. Development Standards In conjunction with the Approved Development Plan described in Section 2 herein, the following development standards are hereby approved by the Vail Town Council. These standards are incorporated in the Approved Development Plan to protect the integrity of the development of Special Development District No. 39, Crossroads. The development standards for Special Development District No. 39, Crossroads, are described below: A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No. 39, Crossroads, shall be those uses listed in Title 12, Chapter 7, Article E, Commercial Service Center zone district, Town Code of Vail, as may be amended from time to time. The approval of SDD No. 39 shall restrict the uses upon the plaza level tenant spaces to "retail/restaurant' uses solely and shall not be utilized for "professional offices, business offices, and studios" uses, as defined in Title 12. A professional office intended for real estate sales may be allowed on the plaza level of the building for a period of two years following the date of the issuance of a temporary certificate of occupancy or a final certificate of occupancy to allow for the sales of the on- site dwelling units and leasing of commercial spaces. No space noted as retail/restaurant space on the Approved Development Plan shall be converted to a dwelling unit. B. Lot Area: The minimum lot area for Special Development District No. 39, Crossroads, shall be 115,129 square feet (2.643 acres). C. Setbacks: The minimum setbacks for Special Development District No. 39, Crossroads, shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. D. Height: The maximum allowable building height for Special Development District No. 39, Crossroads shall be ninety-nine and nine tenths feet (99.9'), and as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. Ordinance No. 7, Series 2009 2 E. Density Control: The maximum allowable Gross Residential Floor Area (GRFA) for Special Development District No. 39, Crossroads, shall be 200,858 square feet and the maximum allowable density shall be seventy- eight (78) dwelling units, and five (5) attached accommodation units, as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. F. Site Coverage: The maximum allowable site coverage shall be ninety-three and six tenths percent (93.6%) or 107,772 square feet of the total lot area, and as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. G. Landscaping and Site Development: At least twenty percent (20%) of the total site shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen (15) feet with a minimum area of not less than three hundred (300) square feet. The landscaping and site development shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. H. Parking and Loading: Off street parking and loading shall be provided in accordance with title 12-10 of the Vail Town Code. At least one-half (1/2) of the required parking shall be located within the main building or buildings. The minimum number of loading and delivery bays shall be five (5), as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. Section 4. Conditions of Approval The following conditions of approval shall become part of the Town's approval of the establishment of Special Development District No. 39, Crossroads: The Developer shall address the following conditions of approval prior to appearing before the Vail Town Council for second reading of an adopting ordinance for the establishment of Special Development District No. 39, Crossroads: The Developer shall prepare an amended written agreement, for Town Council review and approval, outlining the responsibilities and requirements of the required offsite improvements, as indicated on the proposed Approved Development Plan. This agreement shall include, but not be limited to, all streetscape improvements along Village Center Road and East Meadow Drive, public access to the plaza for pedestrians and Town sponsored events, which may include the establishment of an easement on the plaza and language in the covenants and declarations for owners of property in the project regarding the use of the plaza for special events, inclusion of the loading and delivery facility in the overall loading and delivery system, payment of traffic impact fees and credits given to offset fee, and details for funding public art. The Developer shall address the following conditions of approval prior to submitting a building permit application (a grading permit/excavation permit shall constitute a building permit); Ordinance No. 7, Series 2009 3 1. The Developer shall submit a final exterior building materials list, typical wall section, architectural specifications, and a complete color rendering for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 2. The Developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the submittal of a building permit application. All rooftop mechanical equipment shall be incorporated into the overall design of the structure and enclosed and visually screened from public view. 3. The Developer shall receive all the required permits from the Colorado Department of Transportation (C DOT) prior to submitting for a building permit. Failure to receive the appropriate permits to access the South Frontage Road per the Approved Development Plan will require the project to return through the special development district review process. 4. The Developer shall comply with the written final comments of the Town of Vail Public Works Department outlined in the memorandum from the Town of Vail Public Works Department, dated January 16, 2006, prior to submitting an application to the Town of Vail Community Department for the issuance of a building permit for this project. 5. The Developer shall submit a written letter agreeing to install a public safety radio communications system within the subterranean parking structure which meets the specifications of the Town of Vail Communications Center. The specifications and details of this system shall be submitted to staff for review and approval with the application for a building permit. 6. The Developer shall submit a fire and life safety plan for review and approval by the Town of Vail Fire Department in conjunction with the building permit submittal. The Developer shall address the following conditions of approval prior to release of a full building permit, requesting a temporary certificate of occupancy, or a final certificate of occupancy; 1. The Developer shall submit a comprehensive sign program for review and approval by the Design Review Board, prior to requesting a temporary certificate of occupancy, or a final certificate of occupancy. 2. The Developer shall be assessed a traffic impact fee of $6,500 per net trip increase in p.m. traffic. The traffic and trip generation report prepared by Fox Higgins Transportation Group dated June 2007, that specifically addresses the change in number of condominium units from 75 to 77, states that the net peak increase is 81 trips, 13 more trips than in the original approved traffic study dated November 2005. Since the usage of the commercial space is still in flux the Public Works Department will require that a new study be performed prior to the issuance of a full building permit to address the traffic generation created by the specific tenants that will lease the commercial/retail space within the project. This change may cause the trip generation to increase. The applicant shall be responsible for mitigating the number of net peak trip increases depicted in the revised study. This impact fee Ordinance No. 7, Series 2009 4 shall not be offset by any public improvements and shall be paid prior to requesting a temporary certificate of occupancy or certificate of occupancy. 3. The Developer shall post a bond to provide financial security for 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a temporary certificate of occupancy. This includes but is not limited to the proposed streetscape improvements. 4. The Developer shall commence initial construction of the Crossroads improvements within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. 5. Employee Housing: Crossroads shall furnish deed restricted employee housing sufficient to accommodate 22 occupants by executing appropriate restrictive covenant(s) on form(s) provided by the Town. Any dwelling unit(s) restricted shall conform to the following floor area requirements: a one -bedroom unit shall contain at least 550 sq. ft. of floor area and accommodate no more than 2 occupants; a two- bedroom unit shall contain at least 850 sq. ft. of floor area and accommodate no more than 3 occupants; a three-bedroom unit shall contain at least 1,350 sq. ft. of floor area and accommodate no more than 4 occupants; and a four-bedroom unit shall contain at least 1,500 sq. ft. of floor area and accommodate no more that 5 occupants. The Town may approve minor variations in floor area when the overall intent of the floor area requirements is being met. Any deed restriction shall be for property located within the Town. Such deed restriction(s) shall be executed and provided to the Town for recording and restricted unit(s) shall be available for occupancy prior to the issuance of a temporary certificate of occupancy for the Crossroads Project or any phase thereof. Any deed restricted employee housing unit shall comply with the standards and procedures established by the Town Zoning Regulations. 6. The approval of SDD No. 39, Crossroads, shall restrict the uses upon the plaza level tenant spaces to retail uses solely and shall not be utilized for professional offices, business offices, and studios. The second floor retail space may be utilized for any allowable or conditional use as listed in the Commercial Service Center Zone District. No space noted as retail space on the Approved Development Plan shall be converted to a residential dwelling unit. Temporary real estate sales offices may be allowed on the plaza level of retail during the first two years following the issuance of a certificate of occupancy in order to allow effective sales of dwelling units on-site. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Vail Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase Ordinance No. 7, Series 2009 5 'a j . thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The Vail 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. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. Section 7. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or 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 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of May, 2009, and a public hearing for second reading of this Ordinance set for the 2nd day of June 2009, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of June, 2009. Attest: Lorelei Donaldson, Town Clerk Ordinance No. 7, Series 2009 6 Richard D. Cleveland, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 08, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 22nd day of April, 2009. Witness my hand and seal this day of , 2009. 4ammSel ail De rk ORDINANCE NO. 8 SERIES OF 2009 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH SERVICES FUND, AND DEBT SERVICE FUND OF THE 2009 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2009 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 25, Series of 2008, adopting the 2009 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2009 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund Capital Projects Fund Real Estate Transfer Tax Fund Dispatch Services Fund Debt Service Fund Total Revised for 2nd reading $ 22,734 $ 22,734 6,941,329 4,139,036 4,987,507 2,972,108 69,750 69,750 13,970 13.970 $ 7,217,598 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Ordinance No. 8, Series of 2009 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21 st day of April, 2009, and a public hearing shall be held on this Ordinance on the 5th day of May, 2009, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 8, Series of 2009 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 08, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 6th day of May, 2009. Witness my hand and seal this 1 ! day of gf�A.,4 2009. mmy Nag Town of Vai p er ORDINANCE NO. 8 SERIES OF 2009 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH SERVICES FUND, AND DEBT SERVICE FUND OF THE 2009 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2009 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 25, Series of 2008, adopting the 2009 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2009 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund Capital Projects Fund Real Estate Transfer Tax Fund Dispatch Services Fund Debt Service Fund Total Revised for 2nd reading $ 22,734 $ 22,734 041328 4,139,036 4,987,597 2,972,108 69,750 69,750 13,970 13.970 $ 7,217,598 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Ordinance No. 8, Series of 2009 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21 st day of April, 2009, and a public hearing shall be held on this Ordinance on the 5th day of May, 2009, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 5th day of May, 2009. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk ordinance No. 8, series of 2009 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 09, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 8t" day of April, 2009. Witness my hand and seal this day of, 2009. M el Town o epu (seal) ORDINANCE NO. 9 SERIES OF 2009 AN ORDINANCE AMENDING TITLE 1, ADMINISTRATION, VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION, "RESTITUTION ORDERS" TO CHAPTER 4, GENERAL PENALTY; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Vail Municipal Court requires the ability to impose restitution in criminal actions where a defendant has been adjudged guilty for violating an ordinance of the Town for any actual damage or loss caused by the offense or infraction for which the conviction or judgment of liability was had; and WHEREAS, the Council declares that the victims of a crime are entitled to be compensated for their losses and hereby finds that it is in the best interest of the citizens of the Town to revise the Town Code by amending Title 1 with the addition of a new subsection, "Restitution Orders" to Chapter 4, General Penalty. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 1-4-1 of the Municipal Code of the Town of Vail is hereby amended with the addition subsection C. "Restitution Orders" to read as follows: 1-4-1: GENERAL PENALTY: C. Restitution Orders: (a) The Municipal Court has the ability to order restitution in cases where a victim suffers actual losses or can show future costs for treatment. Any order for restitution entered pursuant to this Section shall be a final civil judgment in favor of the Town and any victim. Notwithstanding any other civil or criminal statute or rule, any such judgment shall remain in force until the restitution is paid in full. The entry of an order for restitution under this Section creates a lien by operation of law against the defendant's personal property and any interest that the defendant may have in any personal property. Any order of restitution imposed shall be considered a debt for "willful and malicious" injury for purposes of exceptions to discharge in bankruptcy as provided in 11 U.S.C. § 523. (b) Any order of restitution may be increased or decreased upon a showing of good cause. If more than one (1) defendant owes restitution to the same victim for the same pecuniary loss, the orders for restitution shall be joint and several obligations of the defendants. Ordinance No. 9, Series of 2009 (c) Victims of traffic accidents cannot request restitution if the vehicle they drove, regardless of ownership, did not have insurance coverage. Nothing in this Subsection shall prohibit a passenger in the vehicle from being awarded restitution if the driver or passenger was not covered by his or her own medical payments coverage policy. (d) Nothing in this Chapter shall be construed to limit or abrogate the rights and immunities set forth in the "Colorado Governmental Immunity Act," Article 10 of Title 24, C.R.S. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The 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 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of April, 2009, and a public hearing for second reading of this Ordinance set for the 21St day of April, 2009, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 9, Series of 2009 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 09, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 22nd day of April, 2009. Witness my hand and seal thiso0?r-jday of Ap, Q , 2009. Timm I � Owly Town o Deputy Cle: •••�• •'•, (seal) • t ORDINANCE NO.9 SERIES OF 2009 AN ORDINANCE AMENDING TITLE 1, ADMINISTRATION, VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION, "RESTITUTION ORDERS" TO CHAPTER 4, GENERAL PENALTY; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town") is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Vail Municipal Court requires the ability to impose restitution in criminal actions where a defendant has been adjudged guilty for violating an ordinance of the Town for any actual damage or loss caused by the offense or infraction for which the conviction or judgment of liability was had; and WHEREAS, the Council declares that the victims of a crime are entitled to be compensated for their losses and hereby finds that it is in the best interest of the citizens of the Town to revise the Town Code by amending Title 1 with the addition of a new subsection, "Restitution Orders" to Chapter 4, General Penalty. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 1-4-1 of the Municipal Code of the Town of Vail is hereby amended with the addition subsection C. "Restitution Orders" to read as follows: 1-4-1: GENERAL PENALTY: C. Restitution Orders: (a) The Municipal Court has the ability to order restitution in cases where a victim suffers actual losses or can show future costs for treatment. Any order for restitution entered pursuant to this Section shall be a final civil judgment in favor of the Town and any victim. Notwithstanding any other civil or criminal statute or rule, any such judgment shall remain in force until the restitution is paid in full. The entry of an order for restitution under this Section creates a lien by operation of law against the defendant's personal property and any interest that the defendant may have in any personal property. Any order of restitution imposed shall be considered a debt for "willful and malicious" injury for purposes of exceptions to discharge in bankruptcy as provided in 11 U.S.C. § 523. (b) Any order of restitution may be increased or decreased upon a showing of good cause. If more than one (1) defendant owes restitution to the same victim for the same pecuniary loss, the orders for restitution shall be joint and several obligations of the defendants. (c) Victims of traffic accidents cannot request restitution if the vehicle they drove, regardless of ownership, did not have insurance coverage. Nothing in this Subsection shall prohibit a passenger in the vehicle from being awarded restitution if the driver or passenger was not covered by his or her own medical payments coverage policy. Ordinance No. 9. Series of 2009 (d) Nothing in this Chapter shall be construed to limit or abrogate the rights and immunities set forth in the "Colorado Governmental Immunity Act," Article 10 of Title 24, C.R.S. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The 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 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7`h day of April, 2009, and a public hearing for second reading of this Ordinance set for the 215` day of April, 2009, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 2151 day of April, 2009. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 9, Series of 2009 i PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 10, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 6th day of May, 2009. own of my hand and seal this i day of 12009. SEAL ORDINANCE NO. 10 SERIES OF 2009 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 33, SERIES OF 1991, NORTHWOODS, AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 2, NORTHWOODS IN ACCORDANCE WITH SECTION 12-9A-10 AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE CONSTRUCTION OF A LOBBY ADDITION, LOCKER RECONFIGURATION AND GENERAL IMPROVEMENTS, LOCATED AT 600 VAIL VALLEY DRIVE (PINOS DEL NORTE, BUILDING C)/ PART OF TRACT B, VAIL VILLAGE FILING 7; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Special Development District No. 2 was established June 4, 1974; and WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, the purpose of this ordinance is to amend and re-establish Ordinance No. 33, Series of 1991, to amend the development plan for Special Development District No. 2, Northwoods, specifically the Pinos Del Norte Condominiums (Building C), to allow for the construction of the proposed lobby addition, locker reconfiguration and site improvements; and WHEREAS, the Planning and Environmental Commission, at their April 13, 2009 meeting recommended to Town Council by a vote of 4-0-1 (Kjesbo recused) to approve, with conditions the proposed amendment to Special Development District No. 2. WHEREAS, the proposed major amendment complies with the design criteria set forth in the Zoning Regulations for amendments to a Special Development District; and WHEREAS, the proposed major 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 Ordinance No. 10, Series of 2009 WHEREAS, the proposed major amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the proposed major 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. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: *All additions are illustrated with bold italics and deletions are illustrated with 6tF*k8thfeW9h. SeEtiea-1 Section 1 18.42.94 0 - Purpose A special development district is established to assure comprehensive development and use of an area in a manner that will be harmonious with the general character of the town, provide adequate open space and recreational amenities, and promote the objectives of the zoning ordinance of the town. Ordinarily a special district will be created only when the development density will be lower than allowed by the existing zoning, an environmental impact report indicates that the special development will not have a substantial negative effect on the Town or its inhabitants, the development is regarded as complementary to the Town by the Town Council, Planning and Environmental Commission, and Design Review Board, and there are significant aspects of the special development which cannot be satisfied under the existing zoning. 2 Ordinance No. 10, Series of 2009 Section 21 a.42.a2a -Established Special Development District No. 2, Northwoods was established under the provisions of the original Vail Zoning Code, specifically Chapters 18.02 and 18.6, Special Development District. The development standards for Special Development District No. 2 were established and adopted by the Town Council on June 4, 1974 through Ordinance No. 6, Series of 1974. Subsequent amendments have been adopted through the following ordinances: • Ordinance No. 6, Series of 1982, to allow major arcades as conditional uses and minor arcades as accessory uses. • Ordinance No. 33, Series of 1991, to allow the construction of a new lounge, storage lockers, boulder retaining wall, sidewalk and landscaping. • Ordinance No. 10, Series of 2009, to allow for a lobby addition, locker reconfiguration and site improvements at Pinos Del Norte, Building C. ' - - - - - - - - - _. 3 Ordinance No. 10, Series of 2009 C Section 3 49.42.03Q -Development Plan Adopted The following documents comprise the development plan for Special Development District No. 2, Northwoods: 1. The development plan of Vail Associates, Inc., for its Northwoods development. The development plan includes but is not limited to the following data: a. The environmental impact report, which was submitted to the zoning administrator in accordance with Chapter 18.56; b. Existing and proposed contours after grading and site development having contour intervals of not more than two feet where the average slope on the site is twenty-five percent or less, and contour intervals of not more than five feet where the average slope on the site is greater than twenty-five percent. Supplemental documentation of proposed contours shall be submitted to the zoning administrator with the plans # or each phase of the development; c. A site plan, at a scale of one inch equals thirty feet or larger, showing the locations and dimensions of all buildings and structures, uses therein, and ail principal site development features such as landscaped areas, recreational facilities, pedestrian plazas and walkways, service areas, driveways, and off-street parking and loading areas; d. A preliminary landscape plan, at a scale of one inch equals thirty feet or larger, showing existing landscape features to be retained or removed, and showing proposed landscaping and landscaped site development features such as outdoor Ordinance No. 10, Series of 2009 4 recreational facilities, bicycle paths, trails, pedestrian plazas and walkways, water features, and other elements; e. Preliminary building elevations, sections, and floor plans, at a scale of one-eighth inch equals one foot or larger, in sufficient detail to determine gross residential floor area, interior circulation, locations of uses within buildings, and the general scale and appearance of the proposed buildings shall be submitted on a phase basis; f. An architectural model of the site and the proposed ,development, photographs, at a scale of one inch equals thirty feet or larger, portraying the scale and relationship of the development to the site, and illustrating the form and mass of structures in the development; g. Since phased construction is contemplated, a program must be submitted indicating order and timing of construction phases, phasing of recreational amenities, and proposals for Interim development: 2. The amended Development Plan for Special Development District No. 2, Northwoods, specifically the Pinos Del Norte Condominiums (Building C), to allow for the construction of the proposed lobby addition, locker reconfiguration and site improvements, according to plans prepared by Fritzlen Pierce Architects, dated April 24, 2009. Section 4 18-42-950 - Permitted Uses The following uses shall be permitted in the SDD No. 2 district: A. A maximum of one hundred thirty-nine dwelling units; 5 Ordinance No. 10, series of 2009 B. A maximum of six dwelling units to house onsite management personnel. Section 5 19.42.Q60 - Conditional Uses The following conditional uses shall be permitted in the SDD No. 2 district, subject to issuance of a conditional use permit in accordance with the provisions of Section 12-16, Conditional Use Permits, Vail Town Code. . A. Private clubs and civic, cultural and fraternal organizations; B. Ski lifts and Tows; C. Public buildings, grounds and facilities; D. Public park and recreational facilities. E. Major arcade, so long as it does not have any exterior frontage on any public way, street, walkway, or mall area. Section 6 1 Q.", o �:70 - Accessory Uses The following accessory uses shall be permitted in the SDD No. 2 district: A. Private underground garages, swimming pools, patios, or recreational facilities customarily incidental to permitted residential uses; B. Meeting room and ancillary facilities not to exceed three thousand square feet of floor area; C. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12, Home Occupations, Vail Town Code 18.58.190; 6 Ordinance No. 10, Series of 2009 D. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary far the operation thereof. F. Minor arcade. Section 71 2.42.080 . Lot Area and Site Dimensions on SeGfien 19.42.029. Site Area (Pinos Del Norte): .8024 acres/ 34,952.54 square feet (Pinos Del Norte 2005 survey) Site Area (Northwoods): 4.97 acres/ 216,388.65 square feet (Northwoods 1999 survey) Total Site Area (SDD No. 2): 5.77 acres/ 251,507.54 square feet Section 8 , 8.42.90 Setbacks The required setbacks shall be as indicated in the development plan, orbeia% a minimum of ten feet. Section 9 18."�2.199 Distance Between Buildings The minimum distances between all structures shall be as indicated in the development plan, being a minimum of thirty feet. Section 10'8.", 42.110 Height The maximum height of buildings shall be forty-five feet. Section 11 19.42.42Q '�— Density 7 Ordinance No. 10, Series of 2009 The combined gross residential floor area (GRFA) of all buildings constructed in special district 2 shall not exceed one hundred seventy-five thousand square feet. Section 1249."0 Building Bulk The maximum length of any wall of a building face shall be one hundred seventy-five feet with a minimum of seven and one-half feet for every eighty feet of wall length; and the maximum distance in the same plane between any two corners of a building shall be two hundred twenty-five feet. Section 1344-42440— Site Coverage Not more than twenty-five percent of the total site area may becovered by buildings. Section 14 48.42-169 Open Space A. Useable open space for dwelling units shall be required as indicated in the development plan, but in no case shall the useable open space requirements be less than as follows: 1. A minimum of one square foot of useable open space for each four feet of gross residential floor area; 2. Not less than one hundred fifty square feet of useable open space shall be provided for each dwelling unit. B. Useable open space may be common space accessible to more than one dwelling unit, or private space accessible to separate dwelling units, or a combination thereof. At least fifty percent of the 8 Ordinance No. 10, Series of 2009 required useable open space shall be provided at ground level, exclusive of required front setback areas. C. At least seventy-five percent of the required ground -level useable open space shall be common space. The minimum dimension of any area qualifying as ground level useable open space shall be ten feet. D. Not more than fifty percent of the useable open space requirement may be satisfied by balconies or roof decks. The minimum dimension of any area qualifying as non -ground -level useable open space shall be five feet, and any such area shall contain at least fifty square feet. Section 15 4°.42.460 Landscaping and Site Development A. At least sixty percent of the total site area shall be landscaped as provided in the development plan. B. Within any area exempted from onsite parking and/or loading requirements, property owners or applicants shall be required to contribute to the town parking fund, established by this section for the purpose of meeting the demand and requirements for vehicle parking. At such time as any property owner or other applicant proposes to develop or redevelop a parcel of property within an exempt area which would require parking and/or loading areas, the owner or applicant shall pay to the town the parking fee required in this section prior to the issuance of a building permit far said development or redevelopment. 1. The parking fund established in this section shall receive and disburse funds for file purpose of conducting parking studies or evaluations, construction of parking facilities, the maintenance of 9 Ordinance No. 10, Series of 2009 parking facilities, the payment of bonds or other indebtedness far parking facilities, and administrative services relating to parking. 2. The parking tee to be paid by any owner or applicant shall be determined by the town council; provided in the event shall it be less than one thousand dollars per space, and in addition, that owners or applicants similarly situated shall be treated equally in any payer's funds are not used by the town for one of the purposes specified in subdivision within five years from the date of payment, the unused portion of the funds shall be returned to the payer upon his application. 3. In accounting far the funds expended from the parking fund, the finance department shall use a first in/first out rule. 4. If any parking funds have been paid in accordance with this section and if subsequent thereto a special or general improvement district Is formed and assessments levied for the purpose of paying for parking improvements, the payer shall be credited against the assessment with the amount previously paid. Section 16'4.427Q Parking and Loadinq A. The quantity of off-street parking and loading facilities shall be provided in accordance with Section 12-10, Off Street Parking and Loading, Vail Town Code. G hapteF 18. At least eighty-five percent of the required parking shall be located within the main building or buildings, or beneath accessory decks, terraces, or plazas, and shall be completely enclosed and screened from view; and provided, further, that no required parking shall be exposed surface parking unless such is necessary and approval therefore is attained from the planning commission. G. No parking or loading area shall be located in any required front setback area, 10 Ordinance No. 10, Series of 2009 Section 17 Conditions of Approval The following conditions shall apply to the approval of the proposed lobby addition, locker reconfiguration and site improvements, according to plans prepared by Fritzlen Pierce Architects, dated April 24, 2009, located at Pinos Del Norte, Building C: 1. Signs: The applicant shall receive final review and approval of a sign permit for any proposed sign, by the Town of Vail Design Review Board, prior to installation of any signs on the property. 2. DRB approval: The applicant shall receive final review and approval of the proposed development plan, by the Town of Vail Design Review Board, prior to application of a building permit. 3. ERWS Encroachment. The applicant shall receive final review and approval of an encroachment agreement for the proposed lockers in the utility easement, by the Eagle River Water and Sanitation District, prior to issuance of a building permit. 4. Fire Safety. The applicant shall receive final review and approval of a fire safety plan for any proposed changes or alterations to the fire alarm and fire sprinkler systems, by the Town of Vail Fire Department, prior to issuance of a building permit. 5. Revocable ROW. The applicant shall receive final review and approval of a revocable right-of-way permit for any landscaping or improvements in the right-of-way, by the Town of Vail Public Works Department, prior to issuance of a Certificate of Occupancy. 11 Ordinance No. 10, Series of 2009 Section 18 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 19 The repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, or violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under of by virtue of the provision repeated or repealed and reenacted. The repeat of any provision hereby shall not revive any provision or any ordinance previously repeated or superseded unless expressly stated herein. Section 20 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 la revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. 12 Ordinance No. 10, Series of 2009 a INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of May, 2009 and a public hearing for second reading of the Ordinance set for the 19th day of May 2009, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Attest: Lorelei Donaldson, Town Clerk Ordinance No. 10, Series of 2009 Richard Cleveland, Mayor 13 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 10, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 20th day of May, 2009. Witness my hand and seal thisday of , 2009. 1 amm el ail Depu rk (seal) ORDINANCE NO. 10 SERIES OF 2009 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 33, SERIES OF 1991, NORTHWOODS, AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 2, NORTHWOODS IN ACCORDANCE WITH SECTION 12-9A-10 AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE CONSTRUCTION OF A LOBBY ADDITION, LOCKER RECONFIGURATION AND GENERAL IMPROVEMENTS, LOCATED AT 600 VAIL VALLEY DRIVE (PINOS DEL NORTE, BUILDING C)/ PART OF TRACT B, VAIL VILLAGE FILING 7; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Special Development District No. 2 was established June 4, 1974; and WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, the purpose of this ordinance is to amend and re-establish Ordinance No. 33, Series of 1991, to amend the development plan for Special Development District No. 2, Northwoods, specifically the Pinos Del Norte Condominiums (Building C), to allow for the construction of the proposed lobby addition, locker reconfiguration and site improvements; and WHEREAS, the Planning and Environmental Commission, at their April 13, 2009 meeting recommended to Town Council by a vote of 4-0-1 (Kjesbo recused) to approve, with conditions the proposed amendment to Special Development District No. 2. WHEREAS, the proposed major amendment complies with the design criteria set forth in the Zoning Regulations for amendments to a Special Development District;. and WHEREAS, the proposed major 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 Ordinance No. 10, Series of 2009 WHEREAS, the proposed major amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the proposed major 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. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1 - Purpose A special development district is established to assure comprehensive development and use of an area in a manner that will be harmonious with the general character of the town, provide adequate open space and recreational amenities, and promote the objectives of the zoning ordinance of the town. Ordinarily a special district will be created only when the development density will be lower than allowed by the existing zoning, an environmental impact report indicates that the special development will not have a substantial negative effect on the Town or its inhabitants, the development is regarded as complementary to the Town by the Town Council, Planning and Environmental Commission, and Design Review Board, and there are significant aspects of the special development which cannot be satisfied under the existing zoning. Section 2 - Established Special Development District No. 2, Northwoods was established under the provisions of the original Vail Zoning Code, specifically Chapters 18.02 and 18.6, Special Development District. The development standards for Special Development District No. 2 were established and adopted by the 2 Ordinance No. 10, Series of 2009 Town Council on June 4, 1974 through Ordinance No. 6, Series of 1974. Subsequent amendments have been adopted through the following ordinances: Ordinance No. 6, Series of 1982, to allow major arcades as conditional uses and minor arcades as accessory uses. Ordinance No. 33, Series of 1991, to allow the construction of a new lounge, storage lockers, boulder retaining wall, sidewalk and landscaping. • Ordinance No. 10, Series of 2009, to allow for a lobby addition, locker reconfiguration and site improvements at Pinos Del Norte, Building C. Section 3 - Development Plan Adopted The following documents comprise the development plan for Special Development District No. 2, Northwoods: 1. The development plan of Vail Associates, Inc., for its Northwoods development. The development plan includes but is not limited to the following data: a. The environmental impact report, which was submitted to the zoning administrator in accordance with Chapter 18.56; b. Existing and proposed contours after grading and site development having contour intervals of not more than two feet where the average slope on the site is twenty-five percent or less, and contour intervals of not more than five feet where the average slope on the site is greater than twenty-five percent. Supplemental documentation of proposed contours shall be submitted to the zoning administrator with the plans # or each phase of the development; 3 Ordinance No. 10, Series of 2009 c. A site plan, at a scale of one inch equals thirty feet or larger, showing the locations and dimensions of all buildings and structures, uses therein, and ail principal site development features such as landscaped areas, recreational facilities, pedestrian plazas and walkways, service areas, driveways, and off-street parking and loading areas; d. A preliminary landscape plan, at a scale of one inch equals thirty feet or larger, showing existing landscape features to be retained or removed, and showing proposed landscaping and landscaped site development features such as outdoor recreational facilities, bicycle paths, trails, pedestrian plazas and walkways, water features, and other elements; e. Preliminary building elevations, sections, and floor plans, at a scale of one-eighth inch equals one foot or larger, in sufficient detail to determine gross residential floor area, interior circulation, locations of uses within buildings, and the general scale and appearance of the proposed buildings shall be submitted on a phase basis; f. An architectural model of the site and the proposed ,development, photographs, at a scale of one inch equals thirty feet or larger, portraying the scale and relationship of the development to the site, and illustrating the form and mass of structures in the development; g. Since phased construction is contemplated, a program must be submitted indicating order and timing of construction phases, phasing of recreational amenities, and proposals for Interim development: 4 Ordinance No. 10, Series of 2009 2. The amended Development Plan for Special Development District No. 2, Northwoods, specifically the Pinos Del Norte Condominiums (Building C), to allow for the construction of the proposed lobby addition, locker reconfiguration and site improvements, according to plans prepared by Fritzlen Pierce Architects, dated April 24, 2009. Section 4 - Permitted Uses The following uses shall be permitted in the SDD No. 2 district: A. A maximum of one hundred thirty-nine dwelling units; B. A maximum of six dwelling units to house onsite management personnel. Section 5 - Conditional Uses The following conditional uses shall be permitted in the SDD No. 2 district, subject to issuance of a conditional use permit in accordance with the provisions of Section 12-16, Conditional Use Permits, Vail Town Code: A. Private clubs and civic, cultural and fraternal organizations; B. Ski lifts and Tows; C. Public buildings, grounds and facilities; D. Public park and recreational facilities. E. Major arcade, so long as it does not have any exterior frontage on any public way, street, walkway, or mall area. Section 6 - Accessory Uses The following accessory uses shall be permitted in the SDD No. 2 district: A. Private underground garages, swimming pools, patios, or recreational facilities customarily incidental to permitted residential uses; 5 Ordinance No. 10, Series of 2009 B. Meeting room and ancillary facilities not to exceed three thousand square feet of floor area; C. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12, Home Occupations, Vail Town Code; D. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary far the operation thereof. F. Minor arcade. Section 7 - Lot Area and Site Dimensions Site Area (Pinos Del Norte): .8024 acres/ 34,952.54 square feet (Pinos Del Norte 2005 survey) Site Area (Northwoods): 4.97 acres/ 216,388.65 square feet (Northwoods 1999 survey) Total Site Area (SDD No. 2): 5.77 acres/ 251,507.54 square feet Section 8 - Setbacks The required setbacks shall be as indicated in the development plan, or a minimum of ten feet. Section 9 - Distance Between Buildings The minimum distances between all structures shall be as indicated in the development plan, being a minimum of thirty feet. Section 10 - Height The maximum height of buildings shall be forty-five feet. Section 11 - Density The combined gross residential floor area (GRFA) of all buildings constructed in special district 2 shall not exceed one hundred seventy-five thousand square feet. 6 Ordinance No. 10, Series of 2009 Section 12 — Building Bulk The maximum length of any wall of a building face shall be one hundred seventy-five feet with a minimum of seven and one-half feet for every eighty feet of wall length; and the maximum distance in the same plane between any two corners of a building shall be two hundred twenty-five feet. Section 13— Site Coverage Not more than twenty-five percent of the total site area may becovered by buildings. Section 14 - Open Space A. Useable open space for dwelling units shall be required as indicated in the development plan, but in no case shall the useable open space requirements be less than as follows: 1. A minimum of one square foot of useable open space for each four feet of gross residential floor area; 2. Not less than one hundred fifty square feet of useable open space shall be provided for each dwelling unit. B. Useable open space may be common space accessible to more than one dwelling unit, or private space accessible to separate dwelling units, or a combination thereof. At least fifty percent of the required useable open space shall be provided at ground level, exclusive of required front setback areas. C. At least seventy-five percent of the required ground -level useable open space shall be common space. The minimum dimension of any area qualifying as ground level useable open space shall be ten feet. 7 Ordinance No. 10, Series of 2009 D. Not more than fifty percent of the useable open space requirement may be satisfied by balconies or roof decks. The minimum dimension of any area qualifying as non -ground -level useable open space shall be five feet, and any such area shall contain at least fifty square feet. Section 15 - Landscaping and Site Development A. At least sixty percent of the total site area shall be landscaped as provided in the development plan. B. Within any area exempted from onsite parking and/or loading requirements, property owners or applicants shall be required to contribute to the town parking fund, established by this section for the purpose of meeting the demand and requirements for vehicle parking. At such time as any property I wner or other applicant proposes to develop or redevelop a parcel of property within an exempt area which would require parking and/or loading areas, the owner or applicant shall pay to the town the parking fee required in this section prior to the issuance of a building permit far said development or redevelopment. 1. The parking fund established in this section shall receive and disburse funds for file purpose of conducting parking studies or evaluations, construction of parking facilities, the maintenance of parking facilities, the payment of bonds or other indebtedness far parking facilities, and administrative services relating to parking. 2. The parking tee to be paid by any owner or applicant shall be determined by the town council; provided in the event shall it be less than one thousand dollars per space, and in addition, that owners or applicants similarly situated shall be treated equally in any payer's funds are not used by the town for one of the purposes specified in subdivision within five years from the date of payment, the unused portion of the funds shall be returned to the payer upon his application. 8 Ordinance No. 10, Series of 2009 3. In accounting far the funds expended from the parking fund, the finance department shall use a first in/first out rule. 4. If any parking funds have been paid in accordance with this section and if subsequent thereto a special or general improvement district Is formed and assessments levied for the purpose of paying for parking improvements, the payer shall be credited against the assessment with the amount previously paid. Section 16 - Parking and Loading A. The quantity of off-street parking and loading facilities shall be provided in accordance with Section 12-10, Off Street Parking and Loading, Vail Town Code. At least eighty-five percent of the required parking shall be located within the main building or buildings, or beneath accessory decks, terraces, or plazas, and shall be completely enclosed and screened from view; and provided, further, that no required parking shall be exposed surface parking unless such is necessary and approval therefore is attained from the planning commission. G. No parking or loading area shall be located in any required front setback area, Section 17 - Conditions of Approval The following conditions shall apply to the approval of the proposed lobby addition, locker reconfiguration and site improvements, according to plans prepared by Fritzlen Pierce Architects, dated April 24, 2009, located at Pinos Del Norte, Building C: 1. Signs: The applicant shall receive final review and approval of a sign permit for any proposed sign, by the Town of Vail Design Review Board, prior to installation of any signs on the property. 2. DRB approval: The applicant shall receive final review and approval of the proposed development plan, by the Town of Vail Design Review Board, prior to application of a building permit. N Ordinance No. 10, Series of 2009 3. ERWS Encroachment: The applicant shall receive final review and approval of an encroachment agreement for the proposed lockers in the utility easement, by the Eagle River Water and Sanitation District, prior to issuance of a building permit. 4. Fire Safety: The applicant shall receive final review and approval of a fire safety plan for any proposed changes or alterations to the fire alarm and fire sprinkler systems, by the Town of Vail Fire Department, prior to issuance of a building permit. 5. Revocable ROW: The applicant shall receive final review and approval of a revocable right-of- way permit for any landscaping or improvements in the right-of-way, by the Town of Vail Public Works Department, prior to issuance of a Certificate of Occupancy. Section 18 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 19 The repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, or violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under of by virtue of the provision repeated or repealed and reenacted. The repeat of any provision hereby shall not revive any provision or any ordinance previously repeated or superseded unless expressly stated herein. 10 Ordinance No. 10, Series of 2009 Section 20 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 la revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of May, 2009 and a public hearing for second reading of the Ordinance set for the 19th day of May 2009, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19th day of May, 2009. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk 11 Ordinance No. 10, Series of 2009 P, . PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 11, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 6th day of May, Witness my hand and seal this day of , 2009. (j— T y a own of Vail rulty Clerk ORDINANCE NO. 11 SERIES OF 2009 AN ORDINANCE AMENDING TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 11-3-3, PRESCRIBED REGULATIONS AMENDMENT, VAIL TOWN CODE, TO ESTABLISH REGULATIONS FOR TEMPORARY BUILDING BANNER SIGNS WITHIN THE TOWN OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the applicant, the Vail Valley Foundation, requests that the Vail Town Council amend Title 11, Sign Regulations, Vail Town Code, to establish regulations for temporary building banner signs within the Town of Vail in order to promote community events; and, WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on April 13, 2009 and reviewed and failed to pass a recommendation of approval to the Vail Town Council for the proposed text amendments to the Sign Regulations in accordance with the procedures and criteria and findings outlined in Section 11-3-3 of the Vail Town Code; and, WHEREAS, the Town Council finds and determines 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, based upon Section V of the Staff memorandum to the Planning and Environmental Commission dated April 13, 2009, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Sign Regulations, based upon Section V of the Staff memorandum to the Planning and Environmental Commission dated April 13, 2009, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines 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, based upon Section V of the Staff memorandum to the Planning and Environmental Commission dated April 13, 2009, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to amend Title 11, Sign Regulations in order to establish regulations for temporary building banner signs. Section 2. Section 11-2-1, Definitions, Vail Town Code is hereby amended as follows (Text that is to be deleted is StF*GkeR. Text that is to be added is bold. Sections of text that are not amended may be omitted.) Ordinance No. 11, Series of 2009, first reading Sign, Temporary Building Banner: A "banner -type" display attached to a building under construction that is composed of graphics and text elements to advertise community events Section 3. Section 11-7-15, Temporary Building Banner Signs, is hereby established as follows (text to be deleted is in aWkethr—ough, text that is to be added is bold): Section 11-7-15, Temporary Building Banner Signs A. Purpose: The purpose of this section is to provide regulations for temporary building banner signs, which may be erected on buildings under construction to provide advertisement for community events that have a Town of Vail Special Events Permit and/or receive sponsorship from the Town of Vail Commission on Special Events. B. Applicability: Temporary building banner signs may be allowed on buildings with a valid building permit for new construction or a demo/rebuild in commercial and business districts, as listed in Section 12-7, Vail Town Code, to advertise community events that have a Town of Vail Special Events Permit and/or receive sponsorship from the Town of Vail Commission on Special Events. C. Number: No more than one temporary building banner sign shall be permitted per structure. At any time, only five (5) signs may be permitted within the Town of Vail. D. Size: The total combined size of the temporary building banner signs shall not exceed 1500 square feet per development site. The maximum size of graphics and text associated with the building on which the sign is erected shall not exceed the allowable size of the building identification sign, as outlined in 11-6-4. The combined area of text associated with the community event and graphics and text associated with sponsors of the community event shall not exceed 30% of the area of each sign. E. Content: The temporary building banner sign may only include the following: 1. Graphics and text associated with community event, including one (1) website address and one (1) contact phone number 2. Graphics and text associated with sponsors of the community event 3. Graphics and text associated with the building in which the sign is affixed, which shall not include any phone number or website F. Location: Temporary building banner signs shall be affixed parallel to the building fagade and attached to scaffolding, an exterior weatherization barrier, or to the exterior of the building. Temporary building banner signs shall not extend above the eave line of the building. G. Duration: The signs may be erected for up to ninety (90) days, and only while the building has an active building permit for new construction or a 1) Ordinance No. 11, Series of 2009, first reading demo/rebuild, as defined by Section 12-2-2. Temporary building banner signs shall be removed within seven (7) calendar days of the completion of the advertised community event. H. Material: The temporary building banner sign shall be fire retardant material. Lighting: No lighting shall be allowed. Construction lighting shall not be directed to illuminate the temporary building banner signs. J. Termination Of Section: The authority granted pursuant to this section shall terminate on September 30, 2009, unless sooner extended or terminated by separate ordinance of the council. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The 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 6. 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 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5ch day of May, 2009 and a public hearing for second reading of this Ordinance set for the 19`h day of May, 2009, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance No. 11, Series of 2009, first reading PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 11, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 20th day of May, 2009. Witness my hand and seal thi % day of , 2009. (seal) ORDINANCE NO. 11 SERIES OF 2009 AN ORDINANCE AMENDING TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 11-3-3, PRESCRIBED REGULATIONS AMENDMENT, VAIL TOWN CODE, TO ESTABLISH REGULATIONS FOR TEMPORARY BUILDING BANNER SIGNS WITHIN THE TOWN OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the applicant, the Vail Valley Foundation, requests that the Vail Town Council amend Title 11, Sign Regulations, Vail Town Code, to establish regulations for temporary building banner signs within the Town of Vail in order to promote community events; and, WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on April 13, 2009 and reviewed and failed to pass a recommendation of approval to the Vail Town Council for the proposed text amendments to the Sign Regulations in accordance with the procedures and criteria and findings outlined in Section 11-3-3 of the Vail Town Code; and, WHEREAS, the Town Council finds and determines 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, based upon Section V of the Staff memorandum to the Planning and Environmental Commission dated April 13, 2009, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Sign Regulations, based upon Section V of the Staff memorandum to the Planning and Environmental Commission dated April 13, 2009, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines 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, based upon Section V of the Staff memorandum to the Planning and Environmental Commission dated April 13, 2009, and the evidence and testimony presented; and, WHEREAS, the Town Council finds that the amendments should be approved on a temporary basis to provide a trial period for temporary building banner signs. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to amend Title 11, Sign Regulations in order to establish regulations for temporary building banner signs. Section 2. Section 11-2-1, Definitions, Vail Town Code is hereby amended as follows (Text that is to be deleted is str+sken. Text that is to be added is bold. Sections of text that are not amended may be omitted.) Ordinance No. 11, Series of 2009, first reading Sign, Temporary Building Banner: A "banner -type" display attached to a building under construction that is composed of graphics and text elements to advertise community events Section 3. Section 11-7-15, Temporary Building Banner Signs, is hereby established as follows (text to be deleted is in strakethFough, text that is to be added is bold): Section 11-7-15, Temporary Building Banner Signs A. Purpose: The purpose of this section is to provide regulations for temporary building banner signs, which may be erected on buildings under construction to provide advertisement for community events that have a Town of Vail Special Events Permit and/or receive sponsorship from the Town of Vail Commission on Special Events. B. Applicability: Temporary building banner signs may be allowed on buildings with a valid building permit for new construction or a demo/rebuild in commercial and business districts, as listed in Section 12-7, Vail Town Code, to advertise community events that have a Town of Vail Special Events Permit and/or receive sponsorship from the Town of Vail Commission on Special Events. C. Number: No more than one temporary building banner sign shall be permitted per structure. At any time, only five (5) signs may be permitted within the Town of Vail. D. Size: The total combined size of the temporary building banner signs shall not exceed 1,500 square feet per development site. The maximum size of graphics and text associated with the building on which the sign is erected shall not exceed the allowable size of the building identification sign, as outlined in 11-6-4. The combined area of text associated with the community event and graphics and text associated with sponsors of the community event shall not exceed 30% of the area of each sign. E. Content: The temporary building banner sign may only include the following: 1. Graphics and text associated with community event, including one (1) website address and one (1) contact phone number 2. Graphics and text associated with sponsors of the community event 3. Graphics and text associated with the building in which the sign is affixed, which shall not include any phone number or website F. Location: Temporary building banner signs shall be affixed parallel to the building fapade and attached to scaffolding, an exterior weatherization barrier, or to the exterior of the building. Temporary building banner signs shall not extend above the eave line of the building. G. Duration: The signs may be erected for up to ninety (90) days, and only while the building has an active building permit for new construction or a demo/rebuild, as defined by Section 12-2-2. Temporary building banner signs shall be removed within seven (7) calendar days of the completion of the advertised community event. Signs affixed to the exterior of the building shall be removed prior to completion of the approved fagade. H. Material: The temporary building banner sign shall be fire retardant material. I. Lighting: No lighting shall be allowed. Construction lighting shall not be directed to illuminate the temporary building banner signs. J. Termination Of Section: The authority granted pursuant to this section shall terminate on September 30, 2009, unless sooner extended or terminated by separate ordinance of the council. 2 Ordinance No. 11, Series of 2009, first reading Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The 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 6. 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 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of May, 2009 and a public hearing for second reading of this Ordinance set for the 19th day of May, 2009, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Attest: Richard D. Cleveland, Mayor Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19th day of May, 2009. Attest: Lorelei Donaldson, Town Clerk Richard D. Cleveland, Mayor Ordinance No. 11, Series of 2009, first reading PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 12, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 3 I day of June 2009. Witness my hand and seal this are day of , 2009. a4oa9il el ToDe Cle (seal) ORDINANCE NO. 12 Series of 2009 AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 41 THE VAIL ROW HOUSES, PURSUANT TO ARTICLE 12-9A, SPECIAL DEVELOPMENT (SDD) DISTRICT, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Article 12-9A, Special Development (SDD) District, Vail Town Code, sets forth the procedures for establishing special development districts; and WHEREAS, The Vail Row Houses, have submitted an application to the Town of Vail to establish Special Development District No. 41, The Vail Row Houses, to facilitate the redevelopment of an existing residential development; and WHEREAS, The Vail Row Houses, was originally developed under thejurisdiction of Eagle County in 1963 and platted as "townhouses" and later zoned High Density Multiple Family Residential by the Town of Vail; and WHEREAS, the High Density Multiple Family Residential zone districtwas modified overthe years directed at larger parcel multiple family projects rendering the Vail Row Houses nonconforming with respect to numerous zoning standards; and WHEREAS, the proposed SDD will create "townhouse" style zoning on the property and allow it to be a conforming use and development; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on April 13, 2009, on the application to establish Special Development District No. 41, The Vail Row Houses, in accordance with the provisions of the Vail Town Code; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has forwarded a recommendation of approval by a vote of 5-0-0 of this request to establish Special Development District No. 41, The Vail Row Houses, to the Vail Town Council; and WHEREAS, the Vail Town Council finds and determines that the request to establish Special Development District No. 41, The Vail Row Houses, complies with the design criteria prescribed in Title 12, Zoning Regulations, Vail Town Code, and that a practical solution consistent with the public interest has been achieved. WHEREAS, the Vail Town Council finds and determines that the request to establish Special Development District No. 41, The Vail Row Houses, is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and WHEREAS, the Vail Town Council finds and determines that the request to establish Special Development District No. 41, The Vail Row Houses, is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds and determines that the request to establish Special Development District No. 41, The Vail Row Houses, 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. Ordinance No. 12, Series of 2009, first reading 1 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. District Established Special Development District No. 41, The Vail Row Houses, is established for redevelopment on 7 parcels of land, legally described as Lots 7 though 13, a Resubdivision of Block 5 and a part of Gore Creek Drive, Vail Village First Filing, which comprises 7 lots and a total of 20,997 square feet (0.48 acres) in the Vail Village area of the Town of Vail plus the 915 sq. ft. portion of Lot 13 to be dedicated to the Town of Vail for park use as a condition of this approval. Said parcels may be referred to as "SDD No. 41". Special Development District No. 41 shall be reflected as such on the Official Zoning Map of the Town of Vail. The underlying zoning for Special Development District No. 41, The Vail Row Houses, shall be High Density Multiple Family (HDMF) District. Section 2. Special Development District No. 41, The Vail Row Houses, Approved Development Plan An approved development plan and this ordinance are the principal documents in guiding the development, uses and activities of a special development district. The Approved Development Plan for Special Development District No. 41, The Vail Row Houses, shall be comprised of materials submitted in accordance with Section 12-9A-5 of the Vail Town Code including those plans prepared by KH Webb Architects, entitled Vail Rowhouses, Site Plan A001, revisions dated 04.28.09. Section 3. Development Standards In conjunction with the Approved Development Plan described in Section 2 herein, the following development standards are hereby adopted by this ordinance. The development standards for Special Development District No. 41, The Vail Row Houses, are described below: The development standards as outlined below apply to the individual lots (Lots 7 through 13) of the Vail Row Houses, as modified for this SDD: A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No. 41, The Vail Row Houses, shall be those uses listed in Title 12, Chapter 6, Article H, High Density Multiple Family zone district, Vail Town Code, as may be amended from time to time. B. Lot Area and Site Dimensions: The minimum size for each lot shall be as each lot exists today, as further described on the Approved Development Plan; however, allowing for minor changes to lot lines to correct any encroachments. The following minimum size for Lot 13 is based upon a 915 sq.ft. land dedication to the Town of Vail. Lot# Lot size 7 2,744 8 2,614 9 2,396 10 2,265 11 2,309 12 2,919 13 4,835 Ordinance No. 12, Series of 2009, first reading 2 TOTALS 1 20,997 1 The minimum site dimensions for each lot shall be as each lot exists today as further described on the Approved Development Plan; however, allowing for minor changes to lot lines to correct any encroachments. C. Setbacks: The minimum setbacks for Special Development District No. 41, The Vail Row Houses, shall be as indicated on the Approved Development Plan. The minimum front and rear setback shall be 20 ft. The minimum side setback shall be zero feet, except for Lot 13, which shall maintain a minimum setback of 10 ft. from the new eastern property line (based on the new property line following the 10 ft. land dedication for a total of 20' to the original lot line). The 50 ft. steam setback from Gore Creek shall be maintained. Balconies, decks, terraces, and other similar unroofed features may project into the required setback areas in accordance with Section 14-104, Architectural Projections, Decks, Balconies, Steps, Bay Windows, etc., Vail Town Code. D. Height: For a sloping roof, the height of buildings shall not exceed 48 ft. However, additional height restrictions apply to the front (southern fagade) to maintain the appearance of a 2-3 story building along Gore Creek Drive. The eave height is limited to 35 ft. to the initial eave of the front fagade along Gore Creek Drive, measured from finished grade. Eave height is defined as the distance from finished grade to the top of the sheathing of the initial primary eave of the structure. E. Density Control: No more than 150 sq. ft. of GRFA shall be permitted for each 100 sq. ft. of total site area of each lot. Due to the increase in allowable GRFA, the Vail Row Houses is not eligible for the "Additional 250" or Interior Conversions as described in 12-15-5: ADDITIONAL GROSS RESIDENTIAL FLOOR AREA (250 ORDINANCE) and 12-15-04 INTERIOR CONVERSIONS. Lot 13 is further restricted to a total of 6,770 sq. ft. of GRFA. GRFA and Density for each lot shall not exceed the following: Lot # GRFA Density Lot 7 4,116 2 du Lot 8 3,921 2 du Lot 9 3,594 1 du Lot 10 1 3,397 2 du Lot 11 3,463 2 du Lot 12 4,378 2 du Lot 13 6,770 2 du However, any lot that is redeveloped shall be reduced in the number of units in order to comply with on-site parking requirements. In any case, the total number of units for Lots 7 through 13 shall not exceed Ordinance No. 12, Series of 2009, first reading g 13 dwelling units or be less than 7 dwelling units. If any of the units are consolidated into fewer units on an individual lot, no amendment to this SDD shall be required. However, if any of the units are consolidated into fewer units, the number of consolidated units shall become the maximum allowable density for both the subject individual lot and the entire development site. If any lots are consolidated, GRFA for the consolidated lot shall be a total of the allowable GRFA for each lot. F. Site Coverage: Site coverage shall not exceed 55% of the total site area of each lot, with the additional restriction that above -grade site coverage shall not exceed 50% of the total site area of each lot. Above grade shall mean from grade level or entry level and above at the south elevation of the buildings. G. Landscaping and Site Development: At least 20% of the total site area of each lot shall be landscaped, except for Lots 11 and 12. Lots 11 and 12 shall have no net loss of landscape area. The following is the existing landscape area of each lot. Lot # Landscape Sq. Ft. Landscape Percentage Lot 7 857 32% Lot 8 796 30% Lot 9 658 28% Lot 10 624 27% Lot 11 428 12% Lot 12 160 7% Lot 13 1 2,119 44% Because of the minimal opportunity for landscaping, when redevelopment of a lot occurs, the parking surface of the lot shall be converted to concrete unit pavers or other material (as approved by the Design Review Board) and a snowmelt system shall be installed. Any new snowmelt system installed shall be a shared system with other owners and shall be an efficient system reviewed and approved by the Community Development Department. H. Parking and Loading: Parking requirements shall be based on the current number of parking spaces and dwelling units. Lot 7 2 du 2 parking spaces Lot 8 2 du 2 parking spaces Lot 9 1 du 2 parking spaces Lot 10 2 du 2 parking spaces Lot 11 2 du 2 parking spaces Lot 12 2 du 2 parking spaces Lot 13 2 du 4 parking spaces If any dwelling units are eliminated, there shall be no fewer than 2 parking spaces for each lot. Due to site constraints, there is no requirement for Ordinance No. 12, Series of 2009, first reading 4 enclosed or screened parking. The parking maybe permitted to be located within the front setback, and partially within the Town of Vail right-of-way as it exists currently contingent upon the lot owners obtaining Town of Vail approval a lease agreement subject to renewal every ten (10) years. A revocable right-of-way permit must be obtained for improvements within the right-of-way. When a unit is redeveloped or the addition of GRFA occurs, the parking requirements as provided in Section 12-10-10A of the Town Code for the subject lot shall be satisfied onsite (with right-of-way encroachments as currently exist). Employee Housing: Employee Housing shall be provided in accordance with Chapter 24: Inclusionary Zoning. Due to site constraints, the inclusionary zoning requirement shall be met through the fee -in -lieu or the provision of off-site employee housing unit(s). The Vail Row Houses shall provide an additional 5% of mitigated floor area or equivalent pay in -lieu amount over the requirements of Chapter 24, Inclusionary Zoning, as may be adjusted from time to time. Expiration and Amendment: This SDD is established to set zoning standards for the future redevelopment of individual dwelling units within the SDD. The SDD expires in five (5) years from the effective date of this ordinance. Nothing herein prevents an amendment to the SDD by any owner within the SDD. If an amendment only affects the applicant's property, no written consent is required from other owners within the SDD. Section 4. Conditions of Approval The following conditions of approval shall become part of the Town's approval of the establishment of Special Development District No. 41, The Vail Row Houses: Prior to the addition of GRFA to any dwelling unit within The Vail Row House SDD, the owner of Lot 13 shall dedicate the 915 sq. ft. (10 -foot wide) strip of land as indicated on the Approved Development Plan located on the east side of Lot 13 to the Town of Vail. This dedication shall be processed as part of a subdivision application for Lot 13. The 915 sq. ft. dedication shall be restricted to passive park use. 2. The applicant agrees that The Vail Row Houses shall provide $70,000 to the Town of Vail to be used for public art or Roger Staub park improvements, at the Town's discretion. The funds will be provided prior to receiving a building permit for redevelopment of and the addition of GRFA to any lot. 3. The applicant shall remove any private improvements from the Town of Vail's Gore Creek Stream tract adjacent to The Vail Row Houses prior to receiving a building permit for redevelopment of and the addition of GRFA to any lot. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Vail Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase Ordinance No. 12, Series of 2009, first reading thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The Vail 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. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. Section 7. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or 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 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of June, 2009 and a public hearing for second reading of this Ordinance set for the 16th day of June, 2009, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 12, Series of 2009, first reading 6 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 13, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 20th day of May, 2009. Witness my hand and seal this, 0A.L day of , 2009. m Town of V' eput Cler TO1�r (seal) .O •D ORDINANCE NO. 13 Series of 2009 AN ORDINANCE AMENDING THE APPROVED DEVELOPMENT PLAN FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PURSUANT TO ARTICLE 12- 9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE CONVERSION OF TWO EXISTING FRACTIONAL FEE CLUB UNITS TO DWELLING UNITS, LOCATED AT 16 VAIL ROAD (VAIL PLAZA HOTEL) / A PORTION OF LOTS M, N, AND O, BLOCK 5D, VAIL VILLAGE FILING 1, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Ordinance No. 16, Series of 2004, established the approved development plan for Phase IV (Vail Plaza Hotel) of Special Development District No. 6, Vail Village Inn; and WHEREAS, amendments to a Special Development District are permitted pursuant to the parameters set forth for such in Section 12-9A-10, Vail Town Code; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held public hearings on April 20, 2009, and May 11, 2009, to consider the proposed amendment in accordance with the provisions of the Vail Town Code and forwarded a recommendation of approval, with conditions, to the Vail Town Council by a vote of 7-0-0; and WHEREAS, the Vail Town Council finds that the proposed amendment to Special Development District No. 6, complies with the review criteria outlined in Section 12-9A-8, Vail Town Code, and that the applicant has demonstrated that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and WHERAS, the Town Council finds that the special development district amendment does comply with the standards listed Article 12-9A, Special Development District, or that a practical solution consistent with the public interest has been achieved; and WHEREAS, the Vail Town Council finds that the special development district amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and WHEREAS, the Vail Town Council finds that the special development district amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds that the special development district amendment does promote 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; and WHEREAS, the Vail Town Council finds that temporary approval of this amendment will have no negative effect on parking since the existing penthouse dwelling unit can not yet be occupied; and Ordinance No. 13, Series of 2009 first reading WHEREAS, the approval of this special development district amendment, and the development standards in regard thereto, shall not establish precedence or entitlements elsewhere within the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. AMENDMENTS Section 2, Development Standards, of Ordinance No. 16, Series of 2004, is hereby amended as follows (all additions are illustrated with bold italics, deletions are illustrated with StFiketheugh, and text not affected has been omitted): Density-- Units per Acre - Dwelling Units, Accommodation Units, & Fractional Fee Club Units The number of units permitted in Phase IV shall not exceed the following: Dwelling Units — 4- 3 Accommodation Units - 100 Fractional Fee Club Units — 58 48 Type III Employee Housing Units -18 (38 employee beds totaling 9,618 square feet of floor area) Section 2. CONDITION(S) OF APPROVAL The following condition of approval shall become part of the Town's approval of this amendment to the approved development plan for Phase IV (Vail Plaza Hotel) of Special Development District No. 6, Vail Village Inn: This approval shall expire and become null and void on May 11, 2012; or upon either the sale or issuance of a Temporary or Final Certificate of Occupancy for Unit 507 of the Vail Plaza Hotel prior to said date. The applicant shall restore the subject fractional fee club units of the Vail Plaza Hotel temporarily converted to dwelling units back to fractional fee club units by no later than May 11, 2012; or within 7 calendar days of either the sale or issuance of a Temporary or Final Certificate of Occupancy for Unit 507 of the Vail Plaza Hotel prior to said date. 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 Vail 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 Vail 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. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. Ordinance No. 13, Series of 2009 first reading 2 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 14, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 8th day of July, 2009. Witness my hand and seal this " day of , 2009. JAnmy NaRl— Town of Vail Oq5bty Cler (seal) ORDINANCE NO. 14 SERIES OF 2009 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH SERVICES FUND, AND HEAVY EQUIPMENT FUND OF THE 2009 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2009 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 25, Series of 2008, adopting the 2009 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2009 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ (1,152,515) Capital Projects Fund 1,099,866 Real Estate Transfer Tax Fund 99,450 Dispatch Services Fund (59,097) Heavy Equipment Fund (89,709) Total $(102,005) 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Ordinance No. 14, Series of 2009 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of June, 2009, and a public hearing shall be held on this Ordinance on the 7th day of July, 2009, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 7th day of July, 2009. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 14, Series of 2009 PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 14, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 17th day of June 2009. Witness my hand and seal this /7h� day of SU,ny , 2009. am agel Vail lerk ,.•••••Tn (seal) o : C�'' 9' ORDINANCE NO. 14 SERIES OF 2009 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH SERVICES FUND, AND HEAVY EQUIPMENT FUND OF THE 2009 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2009 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 25, Series of 2008, adopting the 2009 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2009 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ (1,152,515) Capital Projects Fund 629,866 Real Estate Transfer Tax Fund 99,450 Dispatch Services Fund (48,097) Heavy Equipment Fund (89,709) Total $(561,005) 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Ordinance No. 14, Series of 2009 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of June, 2009, and a public hearing shall be held on this Ordinance on the 7th day of July, 2009, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 14, Series of 2009 Section 5. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19`h day of May, 2009 and a public hearing for second reading of this Ordinance set for the 2nd day of June, 2009, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 13, Series of 2009 first reading 3 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 15, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 3rd day of June 2009. Witness my hand and seal this 3 ={ day of Q'\ , 2009. (seal) er ORDINANCE NO. 15 SERIES OF 2009 AN ORDINANCE DEFINING ELECTRONIC PERSONAL ASSISTIVE MOBILITY DEVICE ("EPAMD"); ESTABLISHING REGULATIONS REGARDING THE OPERATION OF SUCH DEVICES IN THE TOWN OF VAIL; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Town promotes alternative transportation modes that are environmentally friendly and that reduce society's dependence on fossil fuels; and WHEREAS, by the provisions of this Ordinance, the Town desires to: (a) define Electric Personal Assisted Mobility Device; Declare such vehicles as exempt from motor vehicle traffic laws except as provided in the Ordinance; implement regulations for the operation of EPAMDs in the Town of Vail; and WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by the adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. DEFINITIONS Electronic Personal Assistive Mobility Device (EPAMD) means a self -balancing, nontandem two -wheeled device, designed to transport only one person, which is powered solely by an electronic propulsion system producing an average power output of no more than seven hundred fifty watts. Section 2. OPERATION OF EPAMDs AUTHORIZED Except as provided by this Ordinance, the operation of EPAMDs in the Town shall be exempt from the Model Traffic Code, as adopted by the Town of Vail, and such other Town ordinances that regulate motorized vehicles in Town. Section 3. EPAMD OPERATION, PARKING AND EQUIPMENT REGULATIONS For the purposes of operation, parking, and equipment and subject to the additional regulations set forth in this Ordinance, EPAMDs shall be considered bicycles and shall be subject to the provisions and regulations concerning bicycles contained in the Model Traffic Code, as adopted by the Town of Vail. Section 4. RESTRICTIONS ON THE OPERATION OF EPAMDs Ordinance No. 15, Series of 2009 G A. It shall be unlawful for any person to operate EPAMDs in the following public areas: (1) Vail Nature Center (2) Betty Ford Alpine Garden (3) Village Streamwalk (currently pedestrian only) (4) All children's playgrounds (5) All turf areas (6) All natural/unimproved areas B. The rider of an EPAMD shall have all the same rights and duties as an operator of any other vehicle pursuant to C.R.S. Article 4, Title 42, except as to those provisions that by their nature have no application and have not otherwise been lawfully amended by this Ordinance. Section 5. FURTHER RESTRICITONS ON EMPADs It shall be unlawful to operate EPAMD's on streets and highways that are parts of the state highway system. Section 6. MINIMUM AGE FOR OPERATION OF EPAMDs Operation of EPAMDs shall be limited to persons sixteen (16) years of age or older. Section 7. VIOLATIONS Violations of this Ordinance shall be punishable in accordance with the Section 1-4-1 of this Code. Section 8. EXCEPTIONS The provisions of this section limiting the use of EPAMDs do not apply to an EPAMD when that devise is operated by a person with a mobility impairment caused by physical disability who uses that device to enhance that person's mobility. Section 9. SUNSET PROVISION AND ORDINANCE EXPIRATION This Ordinance, and the rights granted by this Ordinance, shall expire on September 30, 2009. Section 10. 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 11. 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. Ordinance No. 15, Series of 2009 Section 12. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of June, 2009, and a public hearing for second reading of this Ordinance set for the 16th day of June, 2009, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 15, Series of 2009 PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 15, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 17th day of June 2009. Witness my hand and seal this 1: -day of Su "e— , 2009. T el •,.....Tnr,,:. Town o Jerk neal) ORDINANCE NO. 15 SERIES OF 2009 AN ORDINANCE DEFINING ELECTRONIC PERSONAL ASSISTIVE MOBILITY DEVICE ("EPAMD"); ESTABLISHING REGULATIONS REGARDING THE OPERATION OF SUCH DEVICES IN THE TOWN OF VAIL; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Town promotes alternative transportation modes that are environmentally friendly and that reduce society's dependence on fossil fuels; and WHEREAS, by the provisions of this Ordinance, the Town desires to: (a) define Electric Personal Assisted Mobility Device; Declare such vehicles as exempt from motor vehicle traffic laws except as provided in the Ordinance; implement regulations for the operation of EPAMDs in the Town of Vail; and WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by the adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. DEFINITIONS Electronic Personal Assistive Mobility Device ("EPAMD") means a self -balancing, nontandem two -wheeled device, designed to transport only one person, which is powered solely by an electronic propulsion system producing an average power output of no more than seven hundred fifty watts. Section 2. OPERATION OF EPAMDs AUTHORIZED Except as provided by this Ordinance, the operation of EPAMDs in the Town shall be exempt from the Model Traffic Code, as adopted by the Town of Vail, and such other Town ordinances that regulate motorized vehicles in Town. Section 3. EPAMD OPERATION, PARKING AND EQUIPMENT REGULATIONS For the purposes of operation, parking, and equipment and subject to the additional regulations set forth in this Ordinance, EPAMDs shall be considered bicycles and shall be subject to the provisions and regulations concerning bicycles contained in the Model Traffic Code, as adopted by the Town of Vail. Section 4. RESTRICTIONS ON THE OPERATION OF EPAMDs Ordinance No. 15, Series of 2009 A. It shall be unlawful for any person to operate EPAMDs in the following public areas: (1) Vail Nature Center (2) Betty Ford Alpine Garden (3) Village Streamwalk (currently pedestrian only) (4) All children's playgrounds (5) All turf areas (6) All natural/unimproved areas B. The rider of an EPAMD shall have all the same rights and duties as an operator of any other vehicle pursuant to C.R.S. Article 4, Title 42, except as to those provisions that by their nature have no application and have not otherwise been lawfully amended by this Ordinance. Section 5. FURTHER RESTRICITONS ON EMPADs It shall be unlawful to operate EPAMD's on streets and highways that are parts of the state highway system. Section 6. MINIMUM AGE FOR OPERATION OF EPAMDs Operation of EPAMDs shall be limited to persons sixteen (16) years of age or older. Section 7. VIOLATIONS Violations of this Ordinance shall be punishable in accordance with the Section 1-4-1 of this Code. Section 8. EXCEPTIONS The provisions of this section limiting the use of EPAMDs do not apply to an EPAMD when that devise is operated by a person with a mobility impairment caused by physical disability who uses the device to enhance that person's mobility. Section 9. SUNSET PROVISION AND ORDINANCE EXPIRATION This Ordinance, and the rights granted by this Ordinance, shall expire on September 30, 2009. Section 10. 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 11. 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. Ordinance No. 15, Series of 2009 Section 12. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of June, 2009, and a public hearing for second reading of this Ordinance set for the 16th day of June, 2009, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 16th day of June, 2009. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 15, Series of 2009 ORDINANCE NO. 17 SERIES 2009 AN ORDINANCE SUBMITTING TO THE REGISTERED ELECTORS OF THE TOWN OF VAIL, COLORADO, AT A REGULAR MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2009, A BALLOT QUESTION TO AMEND SECTION 3.2 OF THE TOWN OF VAIL CHARTER REGARDING TOWN COUNCILMEMBER TERMS OF OFFICE. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the current language of Section 3.2 of the Charter creates potential conflicts with regard to the length of terms and term limits of Councilmembers; and WHEREAS, the Council wishes to refer a measure amending Section 3.2 of the Charter concerning Council Terms of Office to the Town's registered electors at the Town's 2009 regular municipal election. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. The following ballot question is hereby submitted to the registered electors of the Town at the Town's regular municipal election to be conducted on November 3, 2009: Shall Section 3.2 of the Home Rule Charter for the Town of Vail be repealed and reenacted to read as follows, effective January 1, 2010: Candidates for the office of councilmember receiving the three (3) highest vote totals shall be elected to serve four-year terms, and candidates receiving less than the third highest number of votes shall be elected to serve two-year terms. No councilmember shall serve more than three (3) consecutive terms of office, whether those terms are four (4) years in length or two (2) years in length. Partial terms of less than two (2) years in duration or four (4) years in duration, depending on the term being filled, shall not count toward this limit. Terms shall be considered consecutive unless they occur more than one regular municipal election cycle apart. Yes No Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be Ordinance 17, Series 2009 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 17, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 10th day of August 2009. Witness my hand and seal this /C)*Nday of , 2009. ,,�mmy-R>qel T ail Dep Clerk •••.•� al) f IEAL i 'S �LGt�f declared invalid. Section 3. 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 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of August, 2009, and a public hearing for second reading of this Ordinance set for the 18th day of August, 2009, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance 17, Series 2009 2 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 18, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 8th day of October, 2009. Witness my hand and seal this S+, day of �►O�i�/ , 2009. ammy Na9 PI,I Town of-Va ep (seal) ORDINANCE NO. 18 SERIES OF 2009 AN ORDINANCE REPEALING AND REENACTING CHAPTER 10, BUILDING CODES, VAIL TOWN CODE; ADOPTING BY REFERENCE THE 2009 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, INTERNATIONAL PERFORMANCE CODE ;2008 EDITION OF THE NATIONAL ELECTRICAL CODE; 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS AND WITH REGARD TO THE ABOVE-DESCRIBED CODES, ADOPTING CERTAIN APPENDICES, SETTING FORTH CERTAIN AMENDMENTS THERETO, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, publication of the 2003 International Building Code, as currently adopted by the Town of Vail, has been threw two code changes requiring new buildings to meet out of date standards that limit their compatibility to technological advancements; and WHEREAS, the 2009 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, the International Performance Code, the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings, and the 2008 Edition of the National Electric Code have been published; and WHEREAS, the Building and Fire Code Appeals Board of the Town of Vail has recommended adoption of the Building Codes, as set 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 International Plumbing Code and National Electrical Code are required by the State of Colorado; and WHEREAS, the International Energy Conservation Code has been recommended as a minimum standard for the energy conservation of buildings by the State of Colorado and the United States of America; and WHEREAS, by adopting the 2009 Editions of the International Building Codes the Town of Vail will establish the most current standards for the removal of barriers for person with disabilities; and WHEREAS, the Vail Town Council finds that the amendments promote the health, safety, 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. 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 Mechanical 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 Amendments to the International Energy Conservation Code 10-1-11 Amendments to the Uniform Code for the Abatement of Dangerous Buildings 10-1-12: Copies of Codes Available 10-1-13: 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 2009 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, the International Performance Code, 1997 edition of the Uniform Code for the Abatement of Dangerous Buildings and the 2008 edition of the National Electric Code. 10-1-2: CODES ADOPTED BY REFERENCE: A. Building Code: The International Building Code, 2009 edition, including Appendix Chapters B, C, E, G, J, K and the International Residential Code, 2009 edition, including Appendix Chapters F and G, is hereby adopted by reference. The International Building Code, 2009 edition and the International Residential Code, 2009 edition, is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, 11 60478-5795 B. Fire Code: The International Fire Code, 2009 edition, including Appendix Chapters B, C, D, E, G, H, and J as amended, is hereby adopted by reference. The International Fire Code, 2009 edition, is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, II 60478-5795. C. Mechanical Code: The International Mechanical Code, 2009 edition, including Appendix A, is 2 hereby adopted by reference. The International Mechanical Code, 2009 edition, is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, 11 60478-5795. D. Plumbing Code: The International Plumbing Code, 2009 edition, is hereby adopted by reference. The International Plumbing Code, 2009 edition, is published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, 11 60478-5795. E. International Fuel Gas Code: The International Fuel Gas Code, 2009 edition, is hereby adopted by reference. The International Fuel Gas Code, 2009 edition, is published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, 11 60478-5795. F. Energy Code. The International Energy Conservation Code, 2009 edition, is hereby adopted by reference. The International Energy Conservation Code, 2009 edition, is published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, 11 60478-5705. G. Electrical Code: The National Electrical Code, 2008 edition, is hereby adopted by reference. The National Electrical Code is published by the National Fire Protection Association Inc., One Batterymarch Park, Quincy, Ma 02269. H. Performance Code: The International Performance Code, 2009 edition, is hereby adopted by reference. The International Performance Code, 2009 edition, is published by International Code Council, 4051 West Flossmoor Road, Country Club Hills, 11 60478-5795. I. Abatement Code: The Uniform Code for the Abatement of Dangerous Buildings, 1997 edition, is hereby adopted by reference. The Uniform Code for the Abatement of Dangerous Buildings is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, II 60478-5795. 10-1-3: AMENDMENTS TO INTERNATIONAL BUILDING CODE: The following amendments are hereby made to the International Building Code, 2009 edition: SECTION 101.1 — TITLE: Title is amended as follows: These regulations shall be known as the Building Code of (The Town of Vail), hereinafter referred to as "this code" 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 hereby amended as follows: Item 2: Fences not over 6 feet. Note: Fences required per IBC section 3109 are not exempt from a permit. SECTION 1203.2.1- UNVENTED ATTIC ASSEMBLIES: With the addition of this new section to read as follows: Unvented attic assemblies, (spaces between the ceiling joist of the top story and the 3 rafters), shall be permitted if ALL of the following conditions are met 1. The unvented attic spaces is completely contained within the building thermal envelope 2. No interior vapor retarders are installed on the ceiling side (attic floor) of the unvented attic assembly. 3. Any air -impermeable insulation shall be a vapor retarder, or shall have a vapor retarder coating or covering in direct contact with the underside of the insulation. 4. Either of items 4.1, 4.2, or 4.3 shall be met, depending on the air permeability of the insulation directly under the structural sheathing: Air- impermeable insulation only. Insulation shall be applied in direct contact with the underside of the structural roof sheathing. Air -permeable insulation only. In addition to the air -permeable installed directly below the structural sheathing, rigid board or sheet insulation shall be installed directly above the structural roof sheathing as specified in the International Residential Code Table R806.4 for condensation control. Air impermeable and air -permeable insulation. The air impermeable insulation shall be applied in direct contact with the underside of the structural roof sheathing as specified International Residential Code Table 8006.4 for condensation control. The air -permeable insulation shall be installed directly under the air -impermeable insulation. SECTION 1503.7- SNOWGUARDS/ RETENTION: With the addition of this new section to read as follows: The design of snow retention devices/snow guards shall be designed by a licensed structural engineer or as determined by the Building Official. SECTION 1505.6 — FIRE RETARDANT TREATED WOOD SHINGLES AND SHAKES: This section is deleted in its entirety and shall be replaced with the following text: All roof coverings and roof assemblies shall comply with ordinance No. 3, series 2007, which requires Class A roof coverings or Class A roof assemblies for all structures within the Town of Vail. Wood shingles and shake coverings or assemblies are prohibited SECTION 1507.8 — WOOD SHINGLES: Delete section in its entirety SECTION 1507.9 — WOOD SHAKES: Delete section in its entirety SECTION 1510.4 — ROOF COVERING: This section is amended as follows: Existing wood shingles or wood shakes shall be removed prior to installation of a new roof covering. SECTION 1510.7- SNOW RETENTION. With the addition of this new section to read as follows: Roofs shall be designed to prevent accumulations of snow from shedding onto exterior balconies, decks, pedestrian and vehicular exits from buildings, stairways, sidewalks, streets, alleys, areas directly above or in front of gas and electrical utility meters, or adjacent properties. The design of snow retention devices shall be provided by a licensed structural engineer or as determined by the Building Official. Exception: Roof areas with a horizontal dimension of no more than 48 inches that will not receive snow shedding from a higher roof. The horizontal projection shall be measured perpendicular to the exterior wall line from the edge of the roof or eave to any intersecting vertical surface. SECTION 1603.2 -BOULDER WALLS: With the addition of this new section to read as follows; Four feet and taller boulder walls (rock walls) shall be designed by an engineer licensed to practice in the State of Colorado. 4 SECTION 1604.1.1- HAZARD AREA REQUIREMENTS: With this new section to read as follows: All new and additions to existing structures located in mapped debris flow, rock fall, avalanche and flood hazards shall be designed as required by the" Town of Vail Code" sections 12-21-13 and 14-7-1 SECTION 1607.7.1- HANDRAILS AND GUARDS: Amend this section to include the following text: Maximum guardrail deflection shall be U180 between supports. SECTION 1608.2- GROUND SNOW LOADS: This section is to be deleted in its entirety and shall be replaced with the following text; Designs for roof snow loads shall be as follows: Roof pitches of less than 4:12, shall be designed to carry a 100 pound per square foot snow load and roof pitches of 4:12 and greater shall be designed to carry an 80 snow load. There is no allowance for pitch reduction nor is there a requirement to increase loading due to wind, valleys, snow drifting or type of roof covering. Any modification for snow load design shall be accomplished using section 1604.1 SECTION 1608.2.1- ALTERNATIVE ROOFS: With the addition of this new section to read as follows; Alternative roofs shall be designed to carry a roof snow load resulting from a ground snow load of 143 psf. All provisions of section 1608 shall apply to the analysis of the roof structure except for reductions for unobstructed slippery surfaces. Engineer of record is responsible for determining increased localized snow loading due to architectural building features SECTION 1803.2.1- SOILS REPORT: With the addition of this new section to read as follows; Site specific soils and foundation investigation reports shall be prepared by a Registered Soils Engineer for the completion of construction documents. Assumption and 'open hole" investigations are allowed for additions to an existing building of less than 2000 square feet of floor area. SECTION 2301.2- GENERAL DESIGN REQUIREMENTS: Amend this section to include the following text; Item # 5. Stress increases SHALL not be permitted for snow load duration. TABLE 2902.1- MINIMUM NUMBER OF REQUIRED PLUMBING FIXTURES: This Table is amended as follows: 1. Footnote f is amended as follows: Drinking fountains are not required for an occupant load of 100 or less, or in A-2, B, M occupancies, regardless of occupant load 2. Footnote g is hereby added to read; Service Sinks are recommended, but not required in B or M occupancies with an occupant load of 50 or less if a lavatory is provided. SECTION 2902.2- SEPARATE FACILITIES: Exception 2 and 3 of this section is amended as follows: Exception 2; Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers of 30 or less. Exception 3; Separate facilities shall not be required in mercantile occupancies in which the maximum occupant load is 100 or less 10-1-4: AMENDMENTS TO INTERNATIONAL RESIDENTIAL CODE: The following amendments are hereby made to the International Residential Code, 2009 edition: 5 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 only to the currently adopted code of that type. SECTION R105.2- WORK EXEMPT FROM PERMIT: This section is hereby amended as follows: Item 10 to be deleted in its entirety and replaced with the following text: 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. SECTION R301.2.4- FLOODPLAIN CONSTRUCTION: This section is hereby amended as follows: Delete section in its entirety and replace with the following text: Buildings and structures constructed in flood hazard areas are subject to section 12-21-1 of the Vail Town Code. SECTION R303.8 — REQUIRED HEATING: This section is hereby amended by adding the following: Minimum winter design temperature is -20 degrees F. Heat loss calculations shall be required for all dwelling units. SECTION R313.2- ONE AND TWO FAMILY DWELLINGS AUTOMATIC FIRE SYSTEMS- This section is deleted in its entirety and replaced with the following text: An automatic residential fire sprinkler system shall be required as determined by the Vail Fire and Emergency Services" Criteria for Requirements to Install Fire Sprinkler Systems." SECTION R313.2.1- DESIGN AND INSTALLATION: This section is to be deleted in its entirety and replaced with the following text; Automatic residential fire sprinkler systems shall be designed and installed in accordance to the International Fire Code Section 903. SECTION R905.7 — WOOD SHINGLES: This section shall be deleted in its entirety. SECTION R905.8 — WOOD SHAKES: This section shall be deleted in its entirety. SECTION R907.3 — RECOVERING VERSUS REPLACEMENT: This section shall be amended as follows: Exception # 2 shall be deleted in its entirety. SECTION R907.4 — ROOF RECOVERING: This section shall be deleted in its entirety. SECTIONS R1004.3 and R1005.2- DECORATIVE SHROUDS: These sections are to be amended to add Exception: Decorative shrouds that are not listed and labeled for use with the specific factory built fireplace SHALL be permitted when the decorative shroud complies with the requirements of Section R1003.9.1 CHAPTER 4 thru CHAPTER 8: Delete in their entirety and amend to read; All structural elements and design shall conform to International Building Code as amended by the Town of Vail. CHAPTER 11 thru CHAPTER 42: Delete in their entirety and reference other codes adopted by reference respectively. 10-1-5: AMENDMENTS TO THE INTERNATIONAL FIRE CODE: E The following amendments are hereby made to the International Fire Code, 2009 edition: SECTION 101.1 — TITLE: is hereby amended as follows: These regulations shall be known as the Fire Code of the Town of Vail, hereinafter referred to as "this code." SECTION 102.7- REFERENCED CODES AND STANDARDS: This section is to be deleted in its entirety and shall be replaced with the following text; The codes and standards referenced in this code shall be those listed in Chapter 45 with the addition of National Fire Protection Association Standards (NFPA) 90A-06, 90B — 06, 96-98, 326-05, and 551-07 and Vail Fire & Emergency Services Standards as approved by the Chief and as published on the Town of Vail web site at vailgov.com. Such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where codes and standards are adopted by other governmental jurisdictions, and where differences occur between provisions of this code and the adopted standards, the more stringent of the two shall apply. Fire sprinkler standards, fire alarm standards, Commissioning Standards, and related standards shall be published and available for review. SECTION 103.1.1- ASSIGNED DEPUTIES: is hereby amended as follows; Where this code makes reference to fire code official, such rights and powers and associated liability coverage, legal defense and protection from removal of office except for due cause, shall also be assigned to any such deputies performing within the scope of this position. SECTION 104.10.2- AUTHORITY AS PEACE OFFICER: Amend this new section to read as follows: The fire code official and appointed deputies, while performing under this code, shall have the authority of a peace officer as defined by the Colorado Revised Statutes. The powers of authority of such persons shall be subject to the joint approval of the fire chief and police chief respectively. SECTION 105.3.9- TRANSFER OF PERMIT: Amend to add this new section to read as follows; In the event of a change of contractor, engineer or registered design professional of record to another contractor, engineer or registered designed professional; plans and documents shall be resubmitted unless an appropriate letter of release is furnished accordingly. SECTION 105.3.10- PERMIT FEES/ PLAN CHECK FEES: Amend to add this new section to read as follows; Plan check fees for permits required under this code are non-refundable. Minimum Plan Check fees shall be paid at the time of application. Plan check fees will be assessed according to the Fee Schedule as adopted by the Town of Vail. Additional plan check fees may be assessed if the plan review requires more than two hours for review. Additional plan check fees shall be assessed for review of re -submittals. Any additional plan check fees shall be paid prior to issuance of the permit. Permit fees shall be assessed according to the Fee Schedule as adopted by the Town of Vail. Permit fees are based on one rough -in inspection for each space in the building and one final inspection for each space in a building. Permit fees shall be paid prior to the issuance of the permit. Permit fees are non-refundable once the permit has been issued. Re -inspections shall be assessed additional inspection fees according to the Fee Schedule adopted by the Town of Vail. Re -inspection fees (if applicable) shall be paid prior to requesting a Final Inspection. SECTION 105.4.2- INFORMATION ON CONSTRUCTION DOCUMENTS: Amend this section to add the following language as follows; Information contained in such documents and plans shall be 7 deemed intellectual property of the applicant. SECTION 202 -DEFINITIONS: Amend to add this new section to read as follows; Tampering: Any alteration, damage, misuse or deactivation and/or any similar actions that render inoperable any fire protection, fire detection or life safety system without express approval of the fire department. [See Section 901.8] SECTION 303.2- LOCATION: Amend to add this new section to read as follows; Asphalt tar kettles shall not be utilized inside or on the roof of a building or structure or on any balcony, overhang, or other location that is not accessible by fire department apparatus. SECTION 303.2.1- WATER -PROOFING: Amend to add this new section to read as follows; Application of water proofing materials that require open flame (torch down), possess highly toxic properties, or present a risk to life or property shall be subject to requirements of this section, including permits. SECTION 308.1.4 -OPEN-FLAME COOKING DEVICES: Amend this section to add the following language as follows; Exception 4. Listed or AIG certified Natural Gas appliances. SECTION 312.4- ELECTRIC METERS, GAS METERS AND PIPING: Amend to add this new section to read as follows; Above ground electric meters, 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. Location of electric meters and gas meters in new installations shall be approved by the local utility company prior to installation. SECTION 503.1 -WHERE REQUIRED: Amend this section to add the following language as follows; Refer Town of Vail Municipal Code, Title 14 for additional requirements. SECTION 503.7- ELECTRICALLY POWERED GATES: Amend to add this new section to read as follows; Electrically powered gates shall be provided with an approved fire department emergency access key switch. Key access shall be assessable in a location acceptable to the fire department. Electrically powered gates opened using the fire department key switch shall remain open not less that one minute after opening. SECTION 503.8 -ELECTRICALLY POWERED GATES, FAIL SAFE HINGE: Amend to add this new section to read as follows; Electrically powered gates shall be equipped with a fail safe hinge pin that will disable the operating arm. The safety hinge pin shall be accessible without use of special key or tool. SECTION 507.5.7- MOUNTAIN HYDRANTS: Amend to add this new section to read as follows: New fire hydrants and hydrants replaced or relocated in locations other in a heated sidewalk or in immediate proximity thereto, such that snow accumulation is likely, shall be "mountain hydrants". Mountain hydrants shall be placed such that the center point of the discharge outlet is not less than 36 inches above finish grade. SECTION 507.5.5 -OBSTRUCTION: This section is to be deleted in its entirety and shall be replaced with the following text; 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 8 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 508.1.6 -USE: Amend to add this new section to read as follows; The Fire Command Center shall not be used for any purpose other than by the Vail Fire and Emergency Services unless specifically granted by the Fire Code Official. SECTION 510.1- EMERGENCY RESPONDER RADIO COVERAGE IN BUILDINGS: Amend this section to add the following language as follows; See Town of Vail Municipal Code Title 10, Chapter 3 for additional requirements. SECTION 603.4 PORTABLE NON -VENTED HEATERS: This section is to be deleted in its entirety and shall be replaced with the following text; Portable non -vented fuel -fired heating equipment shall be prohibited on the interior of any structure, tent or other space used for occupancy or storage. Exception: Portable non -vented heaters on construction job sites shall be regulated under Chapter 14 of this code. SECTION 603.4.2.1.1- PROHIBITED LOCATIONS: Amend this section to add the following language as follows; 1. Inside of any occupancy when connected to the fuel gas container as an integral component. For example, a "Torpedo" burner with an electric fan and diesel/kerosene tank, burners attached to 201b propane tanks, and similar appliances. 4. Portable heaters on construction job sites as regulated in Chapter 14 of this code. SECTION 603.7- DISCONTINUING OPERATION OF UNSAFE HEATING APPLIANCES: This section is to be deleted in its entirety and shall be replaced with the following text; The fire code official is authorized to order that measures be taken to prevent the operation of any existing stove, oven, furnace, incinerator, boiler, fireplace or any other heat -producing device or appliance or process found to be defective, hazardous to life or property, or that is being used in violation of this code. Notice shall be given to the owner, operator, firm, agent or other responsible person. Such notice may be given verbally and shall be binding until a written notice is issued. The fire code official is authorized to take measures to prevent the operation or use of any device, appliance, or equipment without prior notice if such use presents a clear and present danger to life or property. Defective devices, appliances or equipment shall remain withdrawn from service until all necessary repairs, alterations, permits or other remedy has been completed and approved by the fire code official. SECTION 603.8.2 -SPARK ARRESTORS: This section is to be deleted in its entirety and shall be replaced with the following text; "Incinerators, outdoor solid fuel burning fire pits and fireplaces shall be equipped with an effective means for arresting sparks. Spark arrestors shall not have openings larger than % inch." SECTION 607.5 - OVERVIEW: Amend to add this new section to read as follows: New and existing elevators shall comply with regulations as adopted by the State of Colorado.. SECTION 609 SECTION 609.1 -GENERAL: Amend this section to add the following language as follows; Compliance with National Fire Protection Association (NFPA) Standard 96 is required. SECTION 610 -SKI SHOP REQUIREMENTS: Amend to add this new section to read as follows: 9 SECTION 610.1- GENERAL: This section shall apply to all commercial operations involving 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 with similar features. SECTION 610.2- EQUIPMENT: 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 recommendations. SECTION 610.3- USAGE: 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- ELECTRICAL: All electrical appliances, fixtures and equipment shall be listed by an approved agency and shall be maintained in a safe and operable manner. Non -grounded extension cords and multi -plug receptacles are strictly prohibited. SECTION- 610.5 FLAMMABLE AND COMBUSTIBLE LIQUIDS: No more than one U.S. gallon (3.781) of flammable or combustible liquid shall be permitted on the premises at any time. All flammable liquids stored on the premises shall be stored in an approved container 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 610.6- OPEN FLAME: 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 610.7- VENTILATION: 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 1.5 cfm/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 approximately equal to the amount of exhaust air. Said system shall be designed and installed in accordance to the International Mechanical Code. Location of fans, hoods and ducts shall meet the approval of the fire department. SECTION 610.8- INTERIOR FINISH: 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 of non-combustible construction on the surface and all exposed surfaces adjacent to such production processes. SECTION 610.9- TEMPORARY SKI REPAIR FACILITIES: Temporary ski repair facilities may be allowed under the following conditions; 10 1. Temporary ski repair facilities are defined as those designated and intended for less than 30 days use, and outlined in section 610.1. 2. Ventilation requirements for the immediate ski repair area may be 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 meet the International Building Code requirements for building usage. 3. Flammable liquid usage shall be limited to rooms equipped with 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 allowed to cause false alarms. It shall be the responsibility of both the building owner/manager and the operator of the ski repair operation to take appropriate measures to avoid false alarms (activation of fire detection system under non- emergency circumstances). 6. A fire extinguisher with a minimum rating of 3A40bc 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 allowed within the residential portions, accommodation units, dwelling units, condominiums or sleeping rooms of buildings. Hazardous rooms shall not allow (i.e. - boiler rooms, HVAC, electrical rooms, rooms beneath stairs, non fire -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 901.4.2- NON REQUIRED FIRE PROTECTION SYSTEMS: Delete this section in its entirety. SECTION 901.4.3 -ADDITIONAL FIRE PROTECTION SYSTEMS: Amend this section to add the following language as follows: "Such safeguards may also include a requirement to provide a fire command center meeting the requirements as per Section 508. Elements to be included in the fire command center may be modified as to size and function with the approval of the fire department. SECTION 901.4.5 - QUALIFICATIONS: Amend to add this new section to read as follows Service personnel shall be registered with the Colorado Division of Fire Safety as a Fire Suppression System contractor and qualified and experienced in the inspection, testing, and maintenance of fire sprinkler systems. Qualified personnel shall meet the requirements for Item 1 and either Item 2 or 3 (minimum). 1. National Institute for Certification in Engineering Technologies. Level II minimum is required for field supervisors. 2. Journeyman certification program through an organized labor union. 3. A minimum of 8 hours of continuing education annually. 4. Certified by examination by a state or local authority. 11 5. Trained and qualified personnel employed by an organization listed by a national testing laboratory for the servicing of fire sprinkler systems. 6. Factory trained and certified. 7. Completion of apprentice program through an accredited educational program. SECTION 901.4.6- CONTRACTOR REGISTRATION: Amend to add this new section to read as follows Pursuant to Town of Vail Municipal Code Section 4-7-2, persons engaged in servicing, installation, repair and maintenance of fire alarm systems and components shall be registered as Contractors and subject to the requirements set forth therein. SECTION 901.6.1- STANDARDS: This section is to be deleted in its entirety and shall be replaced with the following text; Fire protection systems shall be installed, inspected, tested and maintained in accordance with the referenced standards listed in Table 901.6.1 and in accordance with Vail Fire and Emergency Services Fire Sprinkler Installation Standards. Standards may be altered, changed, or updated from time to time with the approval of the Fire Chief. Such standards shall be published and available for review. SECTION 901.7.4 -PREPLANNED IMPAIRMENT PROGRAMS: The first paragraph is hereby amended as follows: Preplanned impairments shall be authorized by the Vail Fire and Emergency Servicest. An Impairment Permit is required prior to authorization. Before authorization is given, a designated individual shall be responsible for verifying that all of the following procedures have been implemented: SECTION 901.10- LIFE SAFETY REPORTS: Amend to add this new section to read as follows: A Life Safety Report shall be submitted for review for all buildings 55 feet or more in height, for inaccessible buildings, or where the building is employing a performance based design. Elements of the Life Safety Report shall include but are not limited to exiting, travel distances, smoke control, smoke management, fire alarm and detection, fire sprinkler systems, standpipe systems, fire pumps, and other elements directly related to fire and life safety. Format and content shall meet the approval of the Fire Chief. SECTION 902 -DEFINITIONS: Amend this section to add the following language as follows; False Alarms: See Town of Vail Municipal Code Title 4 Chapter 9. Inaccessible Buildings: Where fire department access does not extend to at least 50% of the exterior perimeter, or does not provide aerial apparatus access within 20 feet of the exterior perimeter of the highest occupied floor, or where the most remote point of the exterior perimeter is greater than 150 feet of any fire staging area as defined in the Town of Vail Municipal Code Title 14. SECTION 903.2 -WHERE REQUIRED: Exception: Amend this section to add the following text; "and an alternative fire suppression system is installed per Section 903.1.1" 12 SECTION 903.2.10- GROUP S-2 ENCLOSED PARKING GARAGES: Delete the following: Exception: Enclosed parking garages located beneath Group R-3 occupancies. SECTION 903.2.11.1- STORIES WITHOUT OPENINGS: Amend this section to add the following text: 3. Openings referred to in items 1 and 2 above shall have approved fire department access. SECTION 903.2.11.3- BUILDINGS 55 FEET OR MORE IN HEIGHT: Exception: Delete the following; 2. Open parking structures. SECTION 903.2.11.3.1- INACCESSIBLE BUILDINGS: Amend to add this new section to read as follows: An automatic sprinkler system shall be installed through all buildings classified as an inaccessible building. See Section 902 Definitions. SECTION 903.3.1.1- NFPA 13 SPRINKLER SYSTEMS: This section is to be deleted in its entirety and shall be replaced with the following text; Where the provisions of this code require that a building or portion thereof be equipped with throughout with an approved automatic fire sprinkler system in accordance with this section, sprinklers shall be installed in accordance with NFPA 13 and Vail Fire & Emergency Services Standards as published at vailgov.com. SECTION 903.3.1.1.1- EXEMPT LOCATIONS: Delete section in its entirety Section 903.3.1.4- UNDERGROUND FIRE MAINS: Amend to add this new section to read as follows; Underground fire mains shall comply with NFPA 24. SECTION 903.3.1.3- NFPA 13R SINGLE FAMILY/ DUPLEX SPRINKLER SYSTEMS: This section is to be deleted in its entirety and shall be replaced with the following text; Where a fire sprinkler system is required by this code, automatic sprinkler systems installed in one and two-family dwellings and townhouses shall be installed throughout in accordance with NFPA 13R. See Vail Fire & Emergency Standards as published. SECTION 903.3.5.1.1- LIMITED AREA SPRINKLER SYSTEMS: Delete section in its entirety SECTION 903.4- SPRINKLER SYSTEM SUPERVISION AND ALARMS: Amending this section by deleting Exceptions 1 through 7. SECTION 903.4.3- FLOOR CONTROL VALVES: Amend this section to add the following language as follows: Floor control valves shall be readily accessible without the use of special key, knowledge or ladder. Locations of floor control valves shall be subject to approval of the fire department. SECTION 905.2.1- INSTALLATION STANDARDS - STANDPIPE SYSTEMS: Amend to add this new section to read as follows; Class I standpipes may be required to be manual wet when required by 13 the Fire Code Official. Standpipes shall be hydraulically separate from fire sprinkler risers. Combination risers are prohibited without expressed permission of the fire code official. SECTION 905.3.1 -HEIGHT EXCEPTIONS: Amend this section by deleting the following exception; 5.2 Conditions where topography makes access from the fire department vehicle to the building impractical or impossible. SECTION 907.1- QUALIFICATIONS: Amend this section to add the following text: Alarm Service personnel shall be registered with the Town of Vail as a Fire Alarm System contractor and qualified and experienced in the inspection, testing, and maintenance of fire alarm systems. Qualified personnel shall meet the requirements for Item 1 and either Item 2 or 3 (minimum). 1. National Institute for Certification in Engineering Technologies. Level 11 minimum is required for field supervisors. 2. Factory trained or certified. 3. Journeyman that have completed a BAT certification program through the State of Colorado. 4. Certified by examination by a state or local authority. 5. A minimum of 8 hours of continuing education annually. 6. Trained and qualified personnel employed by an organization listed by a national testing laboratory for the servicing of fire sprinkler systems. 7. Completion of apprentice program through an accredited educational program. SECTION 907.1.4- FIRE ALARM STANDARDS: Amend to add this new section to read as follows: See Vail Fire & Emergency Service Standards. SECTION 907.1.5.1- CONDUIT REQUIREMENTS: Amend to add this new section to read as follows: Fire alarm wiring and cables in buildings over four stories in height shall be installed in EMT or rigid conduit. Installation shall comply with National Electrical Code 760. SECTION 907.1.5.2 - WIRING REQUIREMENTS: Amend to add this new section to read as follows: In buildings four stories or less, all wiring shall be not less than plenum rated FPLT or installed in EMT or rigid conduit. SECTION 907.9.5.1- FIRE ALARM SYSTEMS: Amend to add this new section to read as follows; Registered Fire Alarm Contractors are required to submit a signed copy of each Test and Inspection report on their company letterhead to Vail Fire and Emergency Services Fire Prevention Bureau. Such reports shall be submitted within 30 days of the inspection and may be transmitted by mail, electronic transmission, or hand delivered. All deficiencies identified during the tests and inspection shall be duly noted as to nature and location. Reports shall contain without regard to format, all essential information as is contained and addressed in the National Fire Protection Association National Fire Alarm Code, also known as NFPA 72. Failure to submit copies in a timely manner may result in suspension of the contractor's Town of Vail Contractor's registration. 14 SECTION 907.9.5.2- FIRE PROTECTION SYSTEMS: Amend to add this new section to read as follows; Tests and Inspection Reports - Registered Fire Sprinkler Contractors are required to submit a signed copy of each Test and Inspection report on their company letterhead to Vail Fire & Emergency Services Fire Prevention Bureau. Such reports shall be submitted within 30 days of the inspection and may be transmitted by mail, electronic transmission, or hand delivered. All deficiencies identified during the tests and inspection shall be duly noted as to nature and location. Reports shall contain without regard to format, all essential information as is contained and addressed in the National Fire Protection Association Standard for the Inspection, Testing, and Maintenance of Water -Based Fire Protection Systems, also known as NFPA 25. Failure to submit copies in a timely manner may result in suspension of the contractor's Town of Vail Contractor's registration. SECTION 909.1- SCOPE AND PURPOSES: Amend this section to add the following language as follows; Standard 92 A and 92 B as published by the National Fire Protection Association are hereby adopted by reference. Where provisions of IFC and IBC differ from NFPA 92 A and 92 B, NFPA standards shall prevail. SECTION 909.4.3- WIND EFFECT: This section is to be deleted in its entirety and shall be replaced with the following text; Wind -loading provisions shall be consistent with NFPA 92A and 92B and ASHRAE standards. SECTION 909.6.1- MINIMUM PRESSURE DIFFERENCES: This section is to be deleted in its entirety and shall be replaced with the following text; The minimum pressure difference across a smoke barrier shall be 0.05 -inch water gage (0.0124kPa) in fully sprinklered buildings. In buildings allowed to be other than fully sprinklered, the smoke control system shall be designed in accordance with requirements as indicated in Table 5.2.1.1, 2006 NFPA 92A. SECTION 909.6.1.1- ELEVATOR PRESSURIZATION: Amend to add this new section to read as follows; With respect to International Building Code 2009 edition, Section 708.14.2.1, providing elevator pressurization in lieu of elevator lobbies, the minimum pressures shall be as indicated in NFPA 92A, 2006 edition, Table 5.2.1.1. The maximum pressure of 0.25 -inches of water (67 kPA) as prescribed by the International Building Code section 708.14.2.1 is subject to engineering review and may be altered such that the maximum pressure differential shall allow for elevator door opening and closing without malfunctioning. 2009 International Building Code Section 909.20.5 is hereby amended to replace 0.10 -inches of water (25kPa) pressure with the minimum pressure requirements in 2006 NFPA 92A, Table 5.2.1.1. An engineered design shall be submitted the system can work with two doors open, one at the level of exit discharge and the other at the top of the stair shaft as well as with all doors closed. SECTION 914.3.1- AUTOMATIC SPRINKLER SYSTEMS: Exception 1 and Exception 2, This section is to be deleted in its entirety and shall be replaced with the following text; Note: With the approval of the fire code official, alternate automatic fire suppression systems may be considered for use in areas where a fire sprinkler system may not be suitable. SECTION 914.6.1 - AUTOMATIC SPRINKLER SYSTEMS. This section is to be deleted in its 15 entirety and shall be replaced with the following text; Note: With the approval of the fire code official, alternate automatic fire suppression systems may be considered for use in areas where a fire sprinkler system may not be suitable. SECTION 4603.6.1- MANUAL PULL STATIONS: Group E Exceptions 1 and 2; Delete this section in its entirety SECTION 4603.6.2 -MANUAL PULL STATIONS: Group 1 -1. Exception 2; Delete this section in its entirety SECTION 4603.6.5.1- MANUAL PULL STATIONS: Exception 1 and 2; Delete this section in its entirety SECTION 4603.6.5.1.1- GROUP R-1 HOTEL AND MOTEL AUTOMATIC SMOKE DETECTION SYSTEMS Exception. Delete section in its entirety SECTION 4603.5.2.1- GROUP R-1 BOARDING AND ROOMING HOUSES AUTOMATIC SMOKE DETECTION SYSTEM: Amend the text of this section by deleting the following; "not equipped with an approved supervised sprinkler system installed in accordance with Section 903." SECTION 4603.6.6- GROUP R-2 Exceptions 1, 2 and 3. Delete section in its entirety SECTION 4603.7- BATTERY POWERED DETECTORS: Amend to add this new section to read as follows: Where battery powered detectors have been installed as a result of an exception in this section, and where the fire alarm system is required by another section of this code, the Chief may require the use of RF system detectors. SECTION 4603.7.3- POWER SOURCE Exception 3: This section is to be deleted in its entirety and shall be replaced with the following text; In structures where alterations are taking place, RF detectors may be installed in lieu of hard wired detectors. RF detectors may be battery powered detectors. SECTION 4603.8 - MONITORING REQUIRED: All fire alarm and fire sprinkler systems shall be monitored by a UL listed central monitoring station or by Vail Public Safety Communication Center. APPENDIX B - FIRE FLOW REQUIREMENTS: Amend to read "The maximum reduction for sprinklered buildings shall be not greater than 50%. APPENDIX D- FIRE APPARATUS ACCESS ROADS: Amend this section to add the following language as follows: This section is for reference only but may be used in performance based design. Refer to Town of Vail Municipal Code Title 14. W APPENDIX G- CYROGENICS : Weight and Volume Tables Amend this section to add the following language as follows: Use as reference only. APPENDIX J - EMERGENCY RESPONDER RADIO COVERAGE: Amend this section to add the following language as follows: See Ordinance 1, 2007, Town of Vail Municipal Code 17 10-1-6: AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE: The following amendments are hereby made to the International Mechanical Code, 2009 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: This section is hereby amended as follows: Delete exception 1 in its entirety. SECTION 106.5.2 — FEE SCHEDULE: This section is hereby amended to read 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: This section is hereby to amended to read as follows: Item 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. SECTION 306.5- EQUIPMENT AND APPLIANCES ON ROOFS OR ELEVATED STRUCTURES: This section is hereby amended with addition of the following text: Item 8; For additional rooftop access requirements, refer to Town of Vail Fire and Emergency Services policy manual. TABLE 403.3- MINIMUM VENTILATION RATES: This table to be amended by the addition of the following text; Note I "Ski Shop Ventilation": For Ski shop ventilation compliance requirements, refer to Vail International Fire Code Section 610.4.7 SECTION 903.3 - UNVENTED GAS LOG HEATERS: This section is hereby amended to read as follows: Un -vented gas fireplaces are prohibited. 10-1-7: AMENDMENTS TO THE INTERNATIONAL PLUMBING CODE: The following amendments are hereby made to the International Plumbing Code, 2009 edition: SECTION 101.1- TITLE: This section is hereby amended as follows: These regulations shall be 17 known as the Plumbing Code of the Town of Vail hereinafter referred to as "this code. SECTION 101.2- SCOPE: This section is hereby amended as follows: Delete Exception in its entirety. SECTION 106.6.2 FEE SCHEDULE: This section 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: This section is hereby amended as follows: Item 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. SECTION 412.5 — MECHANICAL ROOMS: With the addition of this new section to read as follows; For heating or hot-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 hereby amended as follows: On the fixture supply to each plumbing fixture other than bathtubs, showers and concealed wall mounted faucets in one and two family residential occupancies, and other than in individual guestrooms that are provided with unit shutoff valves in hotels, motels, boarding houses and similar occupancies shutoff valves are required. SECTION 904.1 - ROOF EXTENSION: This section is hereby amended to read 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 vent shall be run a least 7 feet (2134mm) above the roof. SECTION 904.2 - FROST CLOSURE: This section is hereby amended as follows: Every vent extension through a roof or wall shall be a minimum of 3 inches (76mm) in diameter. Any increase in size of the vent shall be made inside the structure a minimum of 1 foot (305mm) below the roof or inside the wall. CHAPTER 13- REFERENCED STANDARDS: This chapter is hereby amended by the addition of the following; The State of Colorado Plumbing Code revisions as published by the State of Colorado 10-1-8 AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE: The following amendments are hereby made to the International Fuel Gas Code, 2009 edition: SECTION 101.1- TITLE: This section is hereby amended to read 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: This section is hereby amended as follows: The exception is deleted in their entirety. 18 SECTION 106.6.2- FEE SCHEDULE: This section is hereby amended to read 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 106.6.3- FEE REFUNDS: This section is hereby amended to read as follows: Item 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. SECTION 303.3- PROHIBITED LOCATIONS: This section is hereby amended as follows; Delete exception 2, 3 and 4 in their entirety. SECTION 304.11- COMBUSTION AIR DUCTS: This section is hereby amended to read as follows; Item 8. Combustion air intake openings located on the exterior of a building shall have the lowest side of such openings located not less than 60 inches vertically from the adjoining ground or 36 inches above the roof. SECTION 304.1- GENERAL: This section is hereby amended to include the following text: New construction shall be considered unusually tight construction as defined by this code. SECTION 304.5- INDOOR COMBUSTION AIR: This section is hereby amended as follows: Delete this section in its entirety. SECTION 404.5 — PROTECTION AGAINST PHYSICAL DAMAGE: This section is hereby amended with addition of the following text; 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. SECTION 406.4.1 -TEST PRESSURE: This section is hereby amended as follows: This test shall include an air, carbon dioxide or nitrogen pressure test, at which time the gas piping shall withstand a pressure of not less than 10 psig (69 kPa). For welded pipe and for piping carrying gas pressure exceeding 14 inch water column, the test shall be at least 60 psig (414 kPa). SECTION 406.4.2- TEST DURATION: This section is hereby amended as follows: Test duration shall not be less than 15 minutes for 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 409.7- NATURAL GAS EMERGENCY GENERATORS: With the addition of this new section to read as follows; Gas emergency generators shall have a dedicated gas line connected on the supply side of the main gas shutoff valve and marked as supplying an emergency generator per NFPA 110.7.9.7 & 7.9.8. This valve shall have a monitored tamper switch. SECTION 411.4- FIRE PITS: With the addition of this new section to read as follows; Fire pits serving all residential units require automatic shut-off controls with a maximum timer of 30 minutes and may only be served by a W gas pipe. SECTION 501.8 -EQUIPMENT NOT REQUIRED TO BE VENTED: This section is hereby amended as follows: Delete item 8 and 10. 19 SECTION 503.6.4- GAS VENT TERMINATIONS: This section is amended with the addition of the following text Item 8. Gas appliance vent terminations located on the exterior of a building shall have the lowest side of such openings located not less than 60 inches vertically from the adjoining ground or 36 inches above the roof. SECTION 603- LOG LIGHTERS: This section is hereby be amended with the addition of the following text: Log lighters shall be prohibited to be installed in the Town of Vail. SECTION 621.2- PROHIBITED USES: The section is herby amended with the addition of the following text; Log lighters are not permitted. 10-1-9 AMENDMENTS TO THE NATIONAL ELECTRICAL CODE: The following amendments are hereby made to the National Electrical Code, 2008 edition: ARTICLE 210.25(C) - MULTI FAMILY DWELLING UNITS: This article shall be amended to read as follows; In multi -family dwelling units, no electrical wiring or feeder cables shall pass from one unit to another. Common walls and common spaces shall be exempt from this requirement. ARTICLE 230, Part II — OVERHEAD SERVICE -DROP CONDUCTORS: This article is hereby amended to read as follows; Overhead services shall not be permitted within the Town of Vail. ARTICLE 230.32 — PROTECTION AGAINST DAMAGE: This article is hereby amended with the addition of the following text; (a) Underground service shall be installed in approved conduit from the transformer to the electric meter/disconnect switch, and to the main circuit breaker (service entrance). ARTICLE 250.52 — GROUNDING ELECTRODES: This article shall be amended to include the following text; (C) for new construction; electrical services shall be bonded to a concrete encased electrode. Where the water pipe is metal, it shall also be bonded within five feet of the water pipe entrance. ARTICLE 300.5 — UNDERGROUND INSTALLATIONS: This article is hereby amended with the addition of the following text; All underground electrical wiring of 120 volts or more shall be installed in PVC conduit. Minimum depth of 18 inches from the top of the conduit and warning tape is required per the NEC. ARTICLE 310.5 — CONDUCTORS FOR GENERAL WIRING: This article shall hereby be amended with the addition of the following text; Aluminum wire or copper clad aluminum wire smaller than #8 AWG shall not be permitted. ARTICLE 334.12 — USES NOT PERMITTED: This article is hereby amended with the addition of the following text; C) Type NM. Type NM cables shall not be used under the following conditions:(1) Any building containing occupancy groups A, B, E, F, H, I, M, S, as defined in the 2009 International Building Code. ARTICLE 230.70(A)- FOR RESIDENTIAL STRUCTURES: This article is hereby amended to read as follows; The main disconnect shall be readily accessible, and located next to the meter on the exterior wall of the structure. 20 ARTICLE 410.10(D) - BATHTUB AND SHOWER AREAS: This article is hereby amended with the addition of the following text; Fixtures in bathtub and shower area shall be rated for the use (damp/wet location) and shall have a lens on the fixture trim. 10-1-10: AMENDMENTS TO THE INTERNATIONAL ENERGY CONSERVATION CODE: The following amendments are hereby made to the International Energy Conservation Code 2009 edition. SECTION 101.4 — COMPLIANCE: This section is hereby amended with the addition of the following text; The latest editions of Rescheck and Comcheck software, as developed by the United States Department of Energy, may be used to demonstrate compliance with International Energy Conservation Code 2009 edition. SECTION 303.1.3- FENESTRATION PRODUCT RATING: This section is hereby amended to read as follows; U -factors of fenestration products (windows, doors and skylights) shall be determined in accordance with NFRC 100 by an accredited, independent laboratory, and labeled and certified by the manufacturer. Products lacking such a labeled U -factor shall be assigned a default U -factor from table 303.1.3(1) or 303.1.3(2), or the designer must submit calculated U -values for review by the building official using methods set forth in ASHRAE Fundamentals chapter 30, page 30.4, "U -Factor (Thermal Transmittance) — Determining Fenestration U -factors." TABLE 402.1.1- INSULATION AND FENSTRATION REQUIREMENTS BY COMPONENTS: This table to be revised by the addition of footnote h to read as follows; The fenestration U- factor for the Town of Vail shall be .30 for all new one and two family dwelling units SECTION 402.4.2.1 TESTING OPTION: This section is hereby amended with the addition of the following text; The testing agency shall be approved by the Town of Vail Building Official. SECTION 403.9.3- POOL COVERS: The exception to this section is hereby deleted in its entirety. SECTION 403.6- EQUIPMENT SIZING (MANDATORY): This section is hereby amended to read as follows; Heating equipment shall be sized in accordance with ASHRAE Chapter 17 for residential occupancies and Chapter 18 for nonresidential occupancies. All gas fired boilers and furnaces shall have a minimum efficiency of 92% AFUE. 10-1-11: AMENDMENTS TO THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS: The following amendments are hereby made to the Uniform Code for the Abatement of Dangerous Buildings 1997 edition: SECTION 301- GENERAL: This section is herby amended to read as follows: For the purpose of this code, certain terms, phrases, words, and their derivatives shall be construed as specified in either this chapter or as specified in the Building Code. BUILDING CODE: is the International Building Code as adopted and amended by the Town of Vail. 21 DANGEROUS BUILDING: is any building or structure deemed to be dangerous under the provisions of Section 302 of this code. 10-1-12: 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. 10-1-13: 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) § Section 2. The building codes adopted by this ordinance shall be effective for all building permit applications received by the Town of Vail, Department of Community Development, Building Safety and Inspection Services, on or after January 1, 2010. 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 22 are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of October, 2009, and a public hearing for second reading of this Ordinance set for the 20th day of October 2009, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 4, Series of 2005 23 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 18, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 21St day of October, 2009. Witness my hand and seal this 2)l:s_+day of ��AnAA— , 2009. ORDINANCE NO. 18 SERIES OF 2009 AN ORDINANCE REPEALING AND REENACTING CHAPTER 10-1, BUILDING CODES, VAIL TOWN CODE; ADOPTING BY REFERENCE THE 2009 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, INTERNATIONAL PERFORMANCE CODE; 2008 EDITION OF THE NATIONAL ELECTRICAL CODE; 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS: AND WITH REGARD TO THE ABOVE- DESCRIBED CODES, ADOPTING CERTAIN APPENDICES AND AMENDMENTS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, publication of the 2003 International Building Code, as currently adopted by the Town of Vail, has been through two code changes, requiring new buildings to meet out of date standards that limit their compatibility to technological advancements; and WHEREAS, the 2009 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; the International Performance Code; the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings; and the 2008 Edition of the National Electric Code have been published; and WHEREAS, the Building and Fire Code Appeals Board of the Town of Vail has recommended adoption of the Building Codes, as set 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 International Plumbing Code and National Electrical Code are required by the State of Colorado; and WHEREAS, the International Energy Conservation Code has been recommended as a minimum standard for the energy conservation of buildings by the State of Colorado and the United States of America; and Ordinance No. 18, Series of 2009 1 WHEREAS, by adopting the 2009 Editions of the International Building Codes, the Town of Vail will establish the most current standards for the removal of barriers for persons with disabilities; and WHEREAS, the Vail Town Council finds that the amendments promote the health, safety, 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. Chapter 10-1, Building Codes, Vail Town Code, is hereby repealed and reenacted to read as follows: 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; the Town of Vail wishes to adopt the 2009 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, the International Performance Code, the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings, and the 2008 Edition of the National Electric Code. 10-1-2: CODES ADOPTED BY REFERENCE: A. Building Code: The 2009 Edition of the International Building Code, including Appendix Chapters B, C, E, G, J, K and the 2009 Edition International Residential Code, including Appendix Chapters F and G, are hereby adopted by reference. The 2009 Edition of the International Building Code and the 2009 Edition of the International Residential Code are published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, 11 60478-5795. B. Fire Code: The 2009 Edition of the International Fire Code, including Appendix Chapters B, C, D, E, G, H, I and J as amended, is hereby adopted by reference. The 2009 Edition of the International Fire Code is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, 11 60478-5795. C. Mechanical Code: The 2009 Edition of the International Mechanical Code, including Appendix A, is hereby adopted by reference. The 2009 Edition of the International Mechanical Code is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, 11 60478-5795. D. Plumbing Code: The 2009 Edition of the International Plumbing Code is hereby adopted by reference. The 2009 Edition of the International Plumbing Code is published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, 11 60478-5795. Ordinance No. 18, Series of 2009 E. International Fuel Gas Code: The 2009 Edition of the International Fuel Gas Code is hereby adopted by reference. The 2009 Edition of the International Fuel Gas Code is published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, 11 60478-5795. F. Energy Code: The 2009 Edition of the International Energy Conservation Code is hereby adopted by reference. The 2009 Edition of the International Energy Conservation Code is published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, II 60478-5705. G. Electrical Code: The 2008 Edition of the National Electrical Code is hereby adopted by reference. The 2008 Edition of the National Electrical Code is published by the National Fire Protection Association Inc., One Batterymarch Park, Quincy, MA 02269. H. Performance Code: The 2009 Edition of the International Performance Code is hereby adopted by reference. The 2009 Edition of the International Performance Code is published by International Code Council, 4051 West Flossmoor Road, Country Club Hills, II 60478- 5795. I. Abatement Code: The 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings is hereby adopted by reference. The 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, 11 60478-5795. 10-1-3: AMENDMENTS TO INTERNATIONAL BUILDING CODE: The following amendments are hereby made to the 2009 Edition of the International Building Code: SECTION 101.1 — TITLE: This section is hereby amended as follows: These regulations shall be known as the Building Code of the Town of Vail, hereinafter referred to as "this Code". SECTION 101.4 — REFERENCED CODES: This section 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: This section shall be deleted in its entirety. SECTION 105.2 — WORK EXEMPT FROM PERMIT: This section is hereby amended as follows: Item 2: Fences not over 6 feet tall. Note: Fences required per IBC section 3109 are not exempt from a permit. SECTION 1203.2.1 - UNVENTED ATTIC ASSEMBLIES: This section is hereby amended to add the following language: Unvented attic assemblies, (spaces between the ceiling joist of the top story and the rafters), shall be permitted if all of the following conditions are met. 1. The unvented attic spaces are completely contained within the building thermal envelope. 2. No interior vapor retarders are installed on the ceiling side (attic floor) of the unvented attic assembly. 3. Any air -impermeable insulation shall be a vapor retarder, or shall have a vapor retarder coating or covering in direct contact with the underside of the insulation. 4. At least one of the following three options shall be met, depending on the air permeability of Ordinance No. 18, Series of 2009 the insulation directly under the structural sheathing: 4.1 Air -impermeable insulation only. Insulation shall be applied in direct contact with the underside of the structural roof sheathing; or 4.2 Air -permeable insulation only. In addition to the air -permeable installed directly below the structural sheathing, rigid board or sheet insulation shall be installed directly above the structural roof sheathing as specified in the International Residential Code Table R806.4 for condensation control; or 4.3 Air impermeable and air -permeable insulation. The air impermeable insulation shall be applied in direct contact with the underside of the structural roof sheathing as specified International Residential Code Table 8006.4 for condensation control. The air -permeable insulation shall be installed directly under the air -impermeable insulation. SECTION 1503.7 — SNOWGUARDS / RETENTION: This section is hereby amended to add the following language: The design of snow retention devices / snow guards shall be designed by a licensed structural engineer or as determined by the Building Official. SECTION 1505.6 — FIRE RETARDANT TREATED WOOD SHINGLES AND SHAKES: This section shall be deleted in its entirety and shall be replaced with the following language: All roof coverings and roof assemblies shall comply with Ordinance No. 3, Series of 2007, which requires Class A roof coverings or Class A roof assemblies for all structures within the Town of Vail. Wood shingles and shake coverings or assemblies are prohibited. SECTION 1507.8 — WOOD SHINGLES: This section shall be deleted in its entirety. SECTION 1507.9 — WOOD SHAKES: This section shall be deleted in its entirety. SECTION 1510.4 — ROOF COVERING: This section is hereby amended as follows: Existing wood shingles or wood shakes shall be removed prior to installation of a new roof covering. SECTION 1510.7 - SNOW RETENTION. This section is hereby amended to add the following language: Roofs shall be designed to prevent accumulation of snow from shedding onto exterior balconies, decks, pedestrian and vehicular exits from buildings, stairways, sidewalks, streets, alleys, areas directly above or in front of gas and electrical utility meters, or adjacent properties. The design of snow retention devices shall be provided by a licensed structural engineer or as determined by the Building Official. Exception: Roof areas with a horizontal dimension of no more than 48 inches that will not receive snow shedding from a higher roof are exempt from the requirement of design by a licensed structural engineer. The horizontal projection shall be measured perpendicular to the exterior wall line from the edge of the roof or eave to any intersecting vertical surface. SECTION 1603.2 - BOULDER WALLS: This section is hereby amended to add the following language: Boulder walls (rock walls) four feet and taller shall be designed by an engineer licensed to practice in the State of Colorado. SECTION 1604.1.1 - HAZARD AREA REQUIREMENTS: This section is hereby amended to add the following language: All new structures and additions to existing structures located in mapped debris flow, rock fall, avalanche and flood hazards shall be designed in compliance with Hazard Regulations within Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town Code. Ordinance No. 18, Series of 2009 4 SECTION 1607.7.1 - HANDRAILS AND GUARDS: This section is hereby amended to add the following language: Maximum guardrail deflection shall be L / 180 between supports. SECTION 1608.2 - GROUND SNOW LOADS: This section shall be deleted in its entirety and shall be replaced with the following language: Designs for roof snow loads shall be as follows: Roof pitches of less than 4:12 shall be designed to carry a 100 pound per square foot snow load and roof pitches of 4:12 and greater shall be designed to carry an 80 pound per square foot snow load. There is no allowance for pitch reduction nor is there a requirement to increase loading due to wind, valleys, snow drifting or type of roof covering. Any modification for snow load design shall be accomplished using section 1604.1. SECTION 1608.2.1 - ALTERNATIVE ROOFS: This section is hereby amended to add the following language: Alternative roofs shall be designed to carry a roof snow load resulting from a ground snow load of 143 pounds per square foot. All provisions of section 1608 shall apply to the analysis of the roof structure except for reductions for unobstructed slippery surfaces. The Engineer of Record is responsible for determining increased localized snow loading due to architectural building features. SECTION 1803.2.1 - SOILS REPORT: This section is hereby amended to add the following language: Site specific soils and foundation investigation reports shall be prepared by a Registered Soils Engineer for the completion of construction documents. Assumption and "open hole" investigations are allowed for additions to an existing building of less than 2,000 square feet of floor area. SECTION 2301.2 - GENERAL DESIGN REQUIREMENTS: This section is hereby amended to add the following language: Item # 5: Stress increases shall not be permitted for snow load duration. TABLE 2902.1 - MINIMUM NUMBER OF REQUIRED PLUMBING FIXTURES: This Table is hereby amended as follows: 1. Footnote f is amended as follows: Drinking fountains are not required for an occupant load of 100 or less, or in A-2, B, or M occupancies, regardless of occupant load. 2. Footnote g is hereby added to read: Service Sinks are recommended, but not required in B or M occupancies with an occupant load of 50 or less if a lavatory is provided. SECTION 2902.2 - SEPARATE FACILITIES: Exception 2 and 3 of this section are amended as follows: Exception 2: Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 30 or less. Exception 3: Separate facilities shall not be required in mercantile occupancies in which the maximum occupant load is 100 or less. 10-1-4: AMENDMENTS TO INTERNATIONAL RESIDENTIAL CODE: The following amendments are hereby made to the 2009 Edition of the International Residential Code: SECTION R102 — APPLICABILITY: This section is hereby amended to add the following Ordinance No. 18, Series of 2009 language: Reference to other codes such as Plumbing, Mechanical and Electrical shall refer only to the currently adopted code of that type. SECTION R105.2 - WORK EXEMPT FROM PERMIT: This section is hereby amended as follows: Item 10 is deleted in its entirety and replaced with the following text: 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. SECTION R301.2.4 - FLOODPLAIN CONSTRUCTION: This section shall be deleted in its entirety and shall be replaced with the following language: Buildings and structures constructed in flood hazard areas are subject to Section 12-21-1 of the Vail Town Code. SECTION R303.8 — REQUIRED HEATING: This section is hereby amended to add the following language: The minimum winter design temperature is -20 degrees F. Heat loss calculations shall be required for all dwelling units. SECTION R313.2 - ONE AND TWO FAMILY DWELLINGS AUTOMATIC FIRE SYSTEMS: This section shall be deleted in its entirety and shall be replaced with the following language: An automatic residential fire sprinkler system shall be required as determined by the 2009 Edition of the Vail Fire and Emergency Services Criteria for Requirements to Install Fire Sprinkler Systems. SECTION R313.2.1 - DESIGN AND INSTALLATION: This section shall be deleted in its entirety and shall be replaced with the following language: Automatic residential fire sprinkler systems shall be designed and installed in accordance to the International Fire Code Section 903. SECTION R905.7 — WOOD SHINGLES: This section shall be deleted in its entirety. SECTION R905.8 — WOOD SHAKES: This section shall be deleted in its entirety. SECTION R907.3 — RECOVERING VERSUS REPLACEMENT: This section is hereby amended as follows: Exception # 2 shall be deleted in its entirety. SECTION R907.4 — ROOF RECOVERING: This section shall be deleted in its entirety. SECTIONS R1004.3 and R1005.2 - DECORATIVE SHROUDS: These sections are hereby amended to add the following language: Exception: Decorative shrouds that are not listed and labeled for use with the specific factory built fireplace shall be permitted when the decorative shroud complies with the requirements of Section R1003.9.1. CHAPTER 4 thru CHAPTER 8: These Chapters shall be deleted in their entirety and replaced with the following language: All structural elements and design shall conform to the 2009 Edition of the International Building Code as amended by the Town of Vail. CHAPTER 11 thru CHAPTER 42: These Chapters shall be deleted in their entirety and replaced with the following language: Reference other codes adopted by reference respectively. 10-1-5: AMENDMENTS TO THE INTERNATIONAL FIRE CODE: The following amendments are hereby made to the 2009 Edition of the International Fire Code: Ordinance No. 18, Series of 2009 SECTION 101.1 — TITLE: This section is hereby amended as follows: These regulations shall be known as the Fire Code of the Town of Vail, hereinafter referred to as this Code. SECTION 102.7 - REFERENCED CODES AND STANDARDS: This section shall be deleted in its entirety and shall be replaced with the following language: The codes and standards referenced in this Code shall be those listed in Chapter 45 with the addition of National Fire Protection Association Standards (NFPA) 90A-06, 90B — 06, 96-98, 326-05, and 551-07 and Vail Fire and Emergency Services Standards as approved by the Vail Fire Chief and as published on the Town of Vail web site at www.vailgov.com. Such codes and standards shall be considered part of the requirements of this Code to the prescribed extent of each such reference. Where codes and standards are adopted by other governmental jurisdictions and where differences occur between provisions of this Code and the adopted standards, the more stringent of the two shall apply. Town of Vail Fire Sprinkler Standards, Fire Alarm Standards, Commissioning Standards, and related standards shall be published at www.vailgov.com and available for review. SECTION 103.1.1 - ASSIGNED DEPUTIES: This section is hereby amended as follows: Where this Code makes reference to Fire Code Official, such rights and powers and associated liability coverage, legal defense and protection from removal of office except for due cause, shall also be assigned to any such deputies performing within the scope of this position. SECTION 104.10.2 - AUTHORITY AS PEACE OFFICER: This section is hereby amended as follows: The fire code official and appointed deputies, while performing under this Code, shall have the authority of a peace officer as defined by the Colorado Revised Statutes. The powers of authority of such persons shall be subject to the joint approval of the Vail Fire Chief and Vail Police Chief respectively. SECTION 105.3.9 - TRANSFER OF PERMIT: This section is hereby amended to add the following language: In the event of a change of contractor, engineer or registered design professional of record to another contractor, engineer or registered design professional, plans and documents shall be resubmitted unless an appropriate letter of release from the original contractor, engineer, or registered design professional is furnished to the Town of Vail accordingly. SECTION 105.3.10 - PERMIT FEES / PLAN CHECK FEES: This section is hereby amended to add the following language: Permit Fees and/or Plan Check Fees for permits required under this Code are non-refundable. Permit fees shall be assessed according to the Fee Schedule as currently adopted by the Town of Vail. Permit fees are based on one rough -in inspection for each space in the building and one final inspection for each space in a building. Permit fees shall be paid prior to the issuance of the permit. Permit fees are non-refundable once the permit has been issued. Minimum Plan Check fees shall be paid at the time of application. Plan check fees will be assessed according to the Fee Schedule as currently adopted by the Town of Vail. Additional plan check fees may be assessed if the plan review requires more than two hours for review. Additional plan check fees shall be assessed according to the Fee Schedule as currently adopted by the Town of Vail for review of re -submittals. Any additional plan check fees shall be paid prior to issuance of the permit. Ordinance No. 18, Series of 2009 Re -inspections shall be assessed additional inspection fees according to the Fee Schedule as currently adopted by the Town of Vail. Re -inspection fees (if applicable) shall be paid prior to requesting a Final Inspection. SECTION 105.4.2 - INFORMATION ON CONSTRUCTION DOCUMENTS: This section is hereby amended to add the following language: Information contained in such documents and plans shall be deemed intellectual property of the applicant and those whose signatures and seals appear therein. SECTION 202 - DEFINITIONS: This section is hereby amended to add the following language: Tampering: Any alteration, damage, misuse or deactivation and/or any similar action that renders inoperable any fire protection, fire detection or life safety system without approval of the Vail Fire Department. [See Section 901.8 of the 2009 Edition of the International Fire Code.] SECTION 303.2 - LOCATION: This section is hereby amended to add the following language: Asphalt tar kettles shall not be utilized inside or on the roof of a building or structure or on any balcony, overhang, or location that is not accessible by Vail Fire Department apparatus. SECTION 303.2.1 - WATER -PROOFING: This section is hereby added to this Code as follows: Application of water proofing materials that require open flame (torch down), possess highly toxic properties, or present a risk to life or property shall be subject to the requirements of this section, including permits. SECTION 308.1.4 - OPEN -FLAME COOKING DEVICES: This section is hereby amended to add the following language: Exception 4. Listed or AIG certified Natural Gas appliances. SECTION 312.4 - ELECTRIC METERS, GAS METERS AND PIPING: This section is hereby amended to add the following language: Above ground electric meters, 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. Location of electric meters and gas meters in new installations shall be approved by the local utility company prior to installation. SECTION 503.1 - WHERE REQUIRED: This section is hereby amended to add the following language: Refer to Title 14, Development Standards, Vail Town Code, for additional requirements. SECTION 503.7 - ELECTRICALLY POWERED GATES: This section is hereby added to this Code as follows: Electrically powered gates shall include a Vail Fire Department approved emergency access key switch. The key access shall be in a location acceptable to the Vail Fire Department. Electrically powered gates opened using the fire department key switch shall remain open for not less that one minute. SECTION 503.8 - ELECTRICALLY POWERED GATES, FAIL SAFE HINGE: This section is hereby added to this Code as follows: Electrically powered gates shall be equipped with a fail safe hinge pin that will disable the operating arm. The safety hinge pin shall be accessible without use of special key or tool. SECTION 507.5.7 - MOUNTAIN HYDRANTS: This section is hereby added to this Code as follows: New fire hydrants and fire hydrants replaced or relocated in locations other than in a heated sidewalk or in immediate proximity thereto, such that snow accumulation is likely, shall Ordinance No. 18, Series of 2009 8 be Mountain Fire Hydrants. Mountain Fire Hydrants shall be placed such that the center point of the discharge outlet is no less than 36 inches above finish grade. Mountain Fire Hydrants shall comply with all Eagle River Water and Sanitation District requirements. Please reference the 2009 Edition of the Vail Fire and Emergency Services Standards for Fire Hydrants as published at www.vailgov.com. SECTION 507.5.5 - OBSTRUCTION: This section shall be deleted in its entirety and replaced with the following language: A clear and unobstructed space shall be perpetually 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 the Eagle River Water and Sanitation District may be referenced and enforced, providing the most restrictive requirements shall apply. SECTION 508.1.6 - USE: This section is hereby added to this Code as follows: The Fire Command Center shall not be utilized by anyone but Vail Fire and Emergency Services unless permission is specifically granted by the Fire Code Official. SECTION 510.1 - EMERGENCY RESPONDER RADIO COVERAGE IN BUILDINGS: This section is hereby amended as follows: See Chapter 10-3, Vail Town Code, for additional requirements. SECTION 603.4 - PORTABLE NON -VENTED HEATERS: This section shall be deleted in its entirety and replaced with the following language: Portable non -vented fuel -fired heating equipment shall be prohibited on the interior of any structure, tent or other space used for occupancy or storage. Exception: Portable non -vented heaters on construction job sites shall be regulated under Chapter 14 of this Code. SECTION 603.4.2.1.1 - PROHIBITED LOCATIONS: This section is hereby amended to add the following language: 1. Inside of any occupancy when connected to the fuel gas container as an integral component. For example, a "Torpedo" burner with an electric fan and diesel / kerosene tank, burners attached to 20 pound propane tanks, or similar appliances. 4. Portable heaters on construction job sites as regulated in Chapter 14 of this Code. SECTION 603.7 - DISCONTINUING OPERATION OF UNSAFE HEATING APPLIANCES: This section shall be deleted in its entirety and replaced with the following language: The Fire Code Official is authorized to order that measures be taken to prevent the operation of any existing stove, oven, furnace, incinerator, boiler, fireplace or any other heat -producing device or appliance or process found to be defective, hazardous to life or property, or that is being used in violation of this Code. Notice shall be given to the owner, operator, firm, agent or other responsible person. Such notice may be given verbally and shall be binding until a written notice is issued. The Fire Code Official is authorized to take measures to prevent the operation or use of any device, appliance, or equipment without prior notice if such use presents a clear and present danger to life and/or property. Defective devices, appliances or equipment shall remain withdrawn from service until all necessary repairs, alterations, permits or other remedy has been completed and approved by the Fire Code Official. SECTION 603.8.2 - SPARK ARRESTORS: This section shall be deleted in its entirety and replaced with the following language: Incinerators, outdoor solid fuel burning fire pits and Ordinance No. 18, Series of 2009 fireplaces shall be equipped with an effective means for arresting sparks. Spark arrestors shall not have openings larger than % inch. SECTION 607.5 - OVERVIEW: This section is hereby added to this Code as follows: New and existing elevators shall comply with the elevator regulations as adopted by the State of Colorado. SECTION 609 SECTION 609.1 - GENERAL: This section is hereby amended to add the following language: Compliance with NFPA Standard 96 is required. SECTION 610 - SKI SHOP REQUIREMENTS: This section is hereby added to this Code as follows: SECTION 610.1 - GENERAL: This section shall apply to all commercial operations involving 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 with similar features. SECTION 610.2 - EQUIPMENT: 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 recommendations. SECTION 610.3 - USAGE: 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 - ELECTRICAL: All electrical appliances, fixtures and equipment shall be listed by an approved agency and shall be maintained in a safe and operable manner. Non -grounded extension cords and multi -plug receptacles are strictly prohibited. SECTION 610.5 - FLAMMABLE AND COMBUSTIBLE LIQUIDS: No more than one U.S. gallon (3.78 1) of flammable or combustible liquid shall be permitted on the premises at any time. All flammable liquids stored on the premises shall be stored in an approved container 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 610.6 - OPEN FLAME: 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 610.7 - VENTILATION: 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 1.5 cfm/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 approximately equal to the amount of exhaust air. Said system shall be designed and installed in accordance to the International Mechanical Code. Location of fans, hoods and ducts shall meet the approval of the Vail Fire Department. SECTION 610.8 - INTERIOR FINISH: 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 Ordinance No. 18, Series of 2009 10 tested in accordance to ASTM E 84. All work tables where the use of open flame or heat producing devices is permitted, shall be of non-combustible construction on the surface and all exposed surfaces adjacent to such production processes. SECTION 610.9 - TEMPORARY SKI REPAIR FACILITIES: Temporary ski repair facilities may be 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 610.1. 2. Ventilation requirements for the immediate ski repair area may be 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 meet the International Building Code requirements for building usage. 3. Flammable liquid usage shall be limited to rooms equipped with 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 allowed to cause false alarms. It shall be the responsibility of both the building owner/manager and the operator of the ski repair operation to take appropriate measures to avoid false alarms (activation of fire detection system under non -emergency circumstances). 6. A fire extinguisher with a minimum rating of 3A40bc 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 allowed within the residential portions, accommodation units, dwelling units, condominiums or sleeping rooms of buildings, or hazardous rooms (i.e. - boiler rooms, HVAC, electrical rooms, rooms beneath stairs, non fire -rated attics, storage rooms and similar spaces). 8. All installations and features thereof are subject to the approval of the Fire Code Official and the Chief Building Official. SECTION 901.4.2 - NON REQUIRED FIRE PROTECTION SYSTEMS: This section shall be deleted in its entirety. SECTION 901.4.3 - ADDITIONAL FIRE PROTECTION SYSTEMS: This section is hereby amended to add the following language: Such safeguards may also include a requirement to provide a Fire Command Center meeting the requirements as per Section 508. Elements to be included in the Fire Command Center may be modified as to size and function with the approval of the Fire Code Official. SECTION 901.4.5 - QUALIFICATIONS: This section is hereby added to this Code as follows: Service and installation personnel shall be registered with the Colorado Division of Fire Safety as a Fire Suppression System contractor and qualified and experienced in the installation, inspection, testing, and maintenance of fire sprinkler systems. Qualified personnel shall meet the requirements for either Items 1, 2 or 7 and a minimum of one additional element. 1. National Institute for Certification in Engineering Technologies. Level II minimum is required for field supervisors. 2. Journeyman certification program through an organized labor union. 3. A minimum of 8 hours of continuing education annually. 4. Certified by examination by a pre -approved state or local authority. Ordinance No. 18, Series of 2009 11 5. Trained and qualified personnel employed by an organization listed by a national testing laboratory for the servicing of fire sprinkler systems. 6. Factory trained and certified with proof of such training within the last three years. 7. Completion of apprentice program through an accredited educational program. SECTION 901.4.6 - CONTRACTOR REGISTRATION: This section is hereby added to this Code as follows: Pursuant to Town of Vail Municipal Code Section 4-7-2, persons engaged in installation, servicing, repair and maintenance of fire protection systems and components shall be registered as Contractors and subject to the requirements set forth therein. SECTION 901.6.1 - STANDARDS: This section shall be deleted in its entirety and replaced with the following language: Fire protection systems shall be installed, inspected, tested and maintained in accordance with the referenced standards listed in Table 901.6.1 and in accordance with the 2009 Edition of the Vail Fire and Emergency Services Fire Sprinkler Installation Standards. Standards may be altered, changed, or updated from time to time with the approval of the Vail Fire Chief. Such standards shall be published at www.vailgov.com and available for review. SECTION 901.7.4 - PREPLANNED IMPAIRMENT PROGRAMS: The first paragraph of this section is hereby amended as follows: Preplanned impairments shall be authorized by Vail Fire and Emergency Services. An Impairment Permit is required prior to authorization. Before authorization is given, a designated individual shall be responsible for verifying that all of the following procedures have been implemented: SECTION 901.10 - LIFE SAFETY REPORTS: This section is hereby added to this Code as follows: A Life Safety Report shall be submitted for review for all new buildings fifty-five (55) feet or more in height, for inaccessible buildings, or where the building is employing a performance based design. Elements of the Life Safety Report shall include but are not limited to: exiting, travel distances, smoke control, smoke management, fire alarm and detection, fire sprinkler systems, standpipe systems, fire pumps, and other elements directly related to fire and life safety. The Life Safety Report format and content shall meet the approval of the Fire Code Official. SECTION 902 - DEFINITIONS: This section is hereby amended to add the following language: False Alarms: See Town of Vail Municipal Code Title 4 Chapter 9. Inaccessible Buildings: Where fire department access does not extend to at least 50% of the exterior perimeter, or does not provide aerial apparatus access within 20 feet of the exterior perimeter of the highest occupied floor, or where the most remote point of the exterior perimeter is greater than one hundred and fifty (150) feet of any fire staging area as defined in the Town of Vail Municipal Code Title 14. SECTION 903.2 - WHERE REQUIRED: Exception: This section is hereby amended to add the following language: and an alternative fire suppression system is installed per Section 903.1.1. SECTION 903.2.10 - GROUP S-2 ENCLOSED PARKING GARAGES: The following shall be deleted from this section: Exception: Enclosed parking garages located beneath Group R-3 occupancies. SECTION 903.2.11.1 - STORIES WITHOUT OPENINGS: This section is hereby amended to add the following language: 3. Openings referred to in items 1 and 2 above shall have approved fire department access. Ordinance No. 18, Series of 2009 12 SECTION 903.2.11.3 - BUILDINGS 55 FEET OR MORE IN HEIGHT: The following shall be deleted from this section: Exception: 2. Open parking structures. SECTION 903.2.11.3.1 - INACCESSIBLE BUILDINGS: This section is hereby added to this Code as follows: An automatic sprinkler system shall be installed through all buildings classified as an inaccessible building. See Section 902 Definitions. SECTION 903.3.1.1 - NFPA 13 SPRINKLER SYSTEMS: This section is to be deleted in its entirety and shall be replaced with the following language: Where the provisions of this Code require that a building or portion thereof be equipped throughout with an approved automatic fire sprinkler system, sprinklers shall be installed in accordance with NFPA 13 and the 2009 Edition of the Vail Fire and Emergency Services Criteria for Requirements to Install Fire Sprinkler Systems as published at www.vailgov.com. SECTION 903.3.1.1.1 - EXEMPT LOCATIONS: This section shall be deleted in its entirety. Section 903.3.1.4 - UNDERGROUND FIRE MAINS: This section is hereby added to this Code as follows: Underground fire mains shall comply with NFPA 24. SECTION 903.3.1.3 - NFPA 13R SINGLE FAMILY / DUPLEX SPRINKLER SYSTEMS: This section is to be deleted in its entirety and shall be replaced with the following language: Where a fire sprinkler system is required by this Code, automatic sprinkler systems installed in one and two-family dwellings and townhouses shall be installed throughout in accordance with NFPA 13R and the 2009 Edition of the Vail Fire and Emergency Services Criteria for Requirements to Install Fire Sprinkler Systems as published at www.vailgov.com. SECTION 903.3.5.1.1 - LIMITED AREA SPRINKLER SYSTEMS: This section shall be deleted in its entirety. SECTION 903.4 - SPRINKLER SYSTEM SUPERVISION AND ALARMS: This section shall be amended by deleting Exceptions 1 through 7. SECTION 903.4.3 - FLOOR CONTROL VALVES: This section is hereby amended to add the following language: Floor control valves shall be readily accessible without the use of a special key, knowledge or ladder. Locations of floor control valves shall be subject to approval of the Vail Fire Department. SECTION 905.2.1 - INSTALLATION STANDARDS - STANDPIPE SYSTEMS: This section is hereby added to this Code as follows: Class I standpipes may be required to be manual wet when required by the Fire Code Official. Standpipes shall be hydraulically separate from fire sprinkler risers. Combination risers are prohibited without the express permission of the Fire Code Official. SECTION 905.3.1 - HEIGHT EXCEPTIONS: This section shall be amended by deleting the following: 5.2 Conditions where topography makes access from the fire department vehicle to the building impractical or impossible. SECTION 907.1 - QUALIFICATIONS: This section is hereby amended to add the following language: Alarm Service personnel shall be registered with the Town of Vail as a Fire Alarm System contractor and qualified and experienced in the installation, inspection, testing, and maintenance of fire alarm systems. Qualified personnel shall meet the requirements for Item 1, Ordinance No. 18, Series of 2009 13 2 or 7 and a minimum of one additional element. 1. National Institute for Certification in Engineering Technologies. Level II minimum is required for field supervisors. 2. Factory trained or certified with proof of such training within the last three years. 3. Journeyman that have completed a BAT certification program through the State of Colorado. 4. Certified by examination by a pre -approved state or local authority. 5. A minimum of 8 hours of continuing education annually. 6. Trained and qualified personnel employed by an organization listed by a national testing laboratory for the servicing of fire alarm systems. 7. Completion of apprentice program through an accredited educational program. SECTION 907.1.4 - FIRE ALARM STANDARDS: This section is hereby added to this Code as follows: See Vail Fire and Emergency Services Standards as published on the Town of Vail web site at www.vailgov.com. SECTION 907.1.5.1 - CONDUIT REQUIREMENTS: This section is hereby added to this Code as follows: Fire alarm wiring and cables in buildings over four stories in height shall be installed in EMT or rigid conduit. Installation shall comply with National Electrical Code Section 760. SECTION 907.1.5.2 - WIRING REQUIREMENTS: This section is hereby added to this Code as follows: In buildings four stories or less, all wiring shall be not less than plenum rated FPLT or installed in EMT or rigid conduit. SECTION 907.9.5.1- FIRE ALARM SYSTEMS: This section is hereby added to this Code as follows: Registered Fire Alarm Contractors are required to submit a signed copy of each Test and Inspection report on their company letterhead to Vail Fire and Emergency Services Fire Code Official. Such reports shall be submitted within thirty (30) days of the inspection and may be transmitted by mail, electronic transmission, or hand delivered. All deficiencies identified during the tests and inspection shall be duly noted as to nature and location. Reports shall contain without regard to format, all essential information as is contained and addressed in the NFPA 72. Failure to submit copies in a timely manner may result in suspension of the contractor's Town of Vail Contractor's Registration. SECTION 907.9.5.2 - FIRE PROTECTION SYSTEMS: This section is hereby added to this Code as follows: Tests and Inspection Reports - Registered Fire Sprinkler Contractors are required to submit a signed copy of each Test and Inspection report on their company letterhead to the Fire Code Official. Such reports shall be submitted within thirty (30) days of the inspection and may be transmitted by mail, electronic transmission, or hand delivered. All deficiencies identified during the tests and inspection shall be duly noted as to nature and location. Reports shall contain without regard to format, all essential information as is contained and addressed in the NFPA Standard for the Inspection, Testing, and Maintenance of Water - Based Fire Protection Systems, also known as NFPA 25. Failure to submit copies in a timely manner may result in suspension of the contractor's Town of Vail Contractor's registration. SECTION 909.1 - SCOPE AND PURPOSES: This section is hereby amended to add the following language: Standard 92 A and 92 B as published by the NFPA are hereby adopted by reference. Where provisions of IFC and IBC differ from NFPA 92 A and 92 B, NFPA standards shall prevail. SECTION 909.4.3 - WIND EFFECT: This section is to be deleted in its entirety and shall be replaced with the following language: Wind -loading provisions shall be consistent with NFPA Ordinance No. 18, Series of 2009 14 92A and 92B and ASHRAE standards. SECTION 909.6.1 - MINIMUM PRESSURE DIFFERENCES: This section is to be deleted in its entirety and shall be replaced with the following language: The minimum pressure difference across a smoke barrier shall be 0.05 -inch water gage (0.0124kPa) in fully sprinklered buildings. In buildings allowed to be other than fully sprinklered, the smoke control system shall be designed in accordance with requirements as indicated in Table 5.2.1.1, 2006 NFPA 92A. SECTION 909.6.1.1 - ELEVATOR PRESSURIZATION: This section is hereby added to this Code as follows: With respect to the 2009 Edition of the International Building Code, Section 708.14.2.1, providing elevator pressurization in lieu of elevator lobbies, the minimum pressures shall be as indicated in NFPA 92A, 2006 edition, Table 5.2.1.1. The maximum pressure of 0.25 - inches of water (67 kPA) as prescribed by the 2009 Edition of the International Building Code section 708.14.2.1 is subject to engineering review and may be altered such that the maximum pressure differential shall allow for elevator door opening and closing without malfunctioning. The 2009 Edition of the International Building Code Section 909.20.5 is hereby amended to replace 0.10 -inches of water (25kPa) pressure with the minimum pressure requirements in the 2006 Edition of the NFPA 92A, Table 5.2.1.1. An engineered design shall be submitted such that the system will work with two doors open, one at the level of exit discharge and the other at the top of the stair shaft as well as with all doors closed. SECTION 914.3.1 - AUTOMATIC SPRINKLER SYSTEMS: Exception 1 and Exception 2, This section shall be deleted in its entirety and shall be replaced with the following text: Note: With the approval of the Fire Code Official, alternate automatic fire suppression systems may be considered for use in areas where a fire sprinkler system may not be suitable. SECTION 914.6.1 - AUTOMATIC SPRINKLER SYSTEMS. This section shall be deleted in its entirety and shall be replaced with the following text: Note: With the approval of the Fire Code Official, alternate automatic fire suppression systems may be considered for use in areas where a fire sprinkler system may not be suitable. SECTION 4603.6.1 - MANUAL PULL STATIONS: Group E Exceptions 1 and 2: This section shall be deleted in its entirety. SECTION 4603.6.2 - MANUAL PULL STATIONS: Group 1 -1. Exception 2: This section shall be deleted in its entirety. SECTION 4603.6.5.1 - MANUAL PULL STATIONS: Exception 1 and 2: This section shall be deleted in its entirety. SECTION 4603.6.5.1.1 - GROUP R-1 HOTEL AND MOTEL AUTOMATIC SMOKE DETECTION SYSTEMS Exception: This section shall be deleted in its entirety. SECTION 4603.5.2.1 - GROUP R-1 BOARDING AND ROOMING HOUSES AUTOMATIC SMOKE DETECTION SYSTEM: This section shall be amended by deleting the following: not equipped with an approved supervised sprinkler system installed in accordance with the 2009 Edition of the International Fire Code Section 903. SECTION 4603.6.6 - GROUP R-2 Exceptions 1, 2 and 3: This section shall be deleted in its entirety. Ordinance No. 18, Series of 2009 15 SECTION 4603.7 - BATTERY POWERED DETECTORS: This section is hereby added to this Code as follows: Where battery powered detectors have been installed as a result of an exception in this Section, and where the fire alarm system is required by another section of this Code, the Vail Fire Chief may require the use of Radio Frequency (RF) system detectors in lieu of battery detectors. Hardwired detectors may also be approved. SECTION 4603.7.3 - POWER SOURCE, Exception 3: This section shall be deleted in its entirety and shall be replaced with the following language: In structures where alterations are taking place, RF detectors may be installed in lieu of hard wired detectors. RF detectors may be battery powered. SECTION 4603.8 - MONITORING REQUIRED: This section is hereby amended to add the following language: All fire alarm and fire sprinkler systems shall be monitored by a UL listed central monitoring station or by the Vail Public Safety Communication Center. APPENDIX B - FIRE FLOW REQUIREMENTS: This section is hereby amended as follows: The maximum reduction for sprinklered buildings shall be not greater than fifty percent (50%). APPENDIX D - FIRE APPARATUS ACCESS ROADS: Amend the text of this section to add the following language: This section is for reference only but may be used in performance based design. Refer to Town of Vail Municipal Code Title 14. APPENDIX G - CYROGENICS: Weight and Volume Tables: This section is hereby amended to add the following language: Use as reference only. APPENDIX J - EMERGENCY RESPONDER RADIO COVERAGE: This section is hereby amended to add the following language: See Chapter 10-3, Vail Town Code. 10-1-6: AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE: The following amendments are hereby made to the 2009 Edition of the International Mechanical Code: SECTION 101.1 — TITLE: This section 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: This section is hereby amended as follows: Delete exception 1 in its entirety. SECTION 106.5.2 — FEE SCHEDULE: This section 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: This section is hereby amended as follows: Item 2. Not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this Code. SECTION 306.5 - EQUIPMENT AND APPLIANCES ON ROOFS OR ELEVATED STRUCTURES: This section is hereby amended to add the following language: Item 8: For additional rooftop access requirements, refer to Town of Vail Fire and Emergency Service Ordinance No. 18, Series of 2009 16 Standards, available at www.vailgov.com. TABLE 403.3 - MINIMUM VENTILATION RATES: This table is hereby amended to add the following language: Note: 1. Ski Shop Ventilation: For ski shop ventilation compliance requirements, refer to the 2009 Edition of the International Fire Code Section 610.4.7 SECTION 903.3 - UNVENTED GAS LOG HEATERS: This section is hereby amended as follows: Un -vented gas fireplaces are prohibited. 10-1-7: AMENDMENTS TO THE INTERNATIONAL PLUMBING CODE: The following amendments are hereby made to the 2009 Edition of the International Plumbing Code: SECTION 101.1 - TITLE: This section 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: This section is hereby amended as follows: Delete Exception in its entirety. SECTION 106.6.2 - FEE SCHEDULE: This section 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: This section is hereby amended as follows: Item 2. Not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this Code. SECTION 412.5 — MECHANICAL ROOMS: This section is hereby amended to add the following language: For heating or hot-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: This section is hereby amended as follows: On the fixture supply to each plumbing fixture other than bathtubs, showers and concealed wall mounted faucets in one and two family residential occupancies, and other than in individual guestrooms that are provided with unit shutoff valves in hotels, motels, boarding houses and similar occupancies shutoff valves are required. SECTION 904.1 - ROOF EXTENSION: This section is hereby amended as follows: All open vent pipes that extend through a roof shall be terminated at least twelve (12) inches above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent shall be run a least seven (7) feet (2,134mm) above the roof. SECTION 904.2 - FROST CLOSURE: This section is hereby amended as follows: Every vent extension through a roof or wall shall be a minimum of three (3) inches (76mm) in diameter. Any increase in size of the vent shall be made inside the structure a minimum of one (1) foot (305mm) below the roof or inside the wall. CHAPTER 13- REFERENCED STANDARDS: Ordinance No. 18, Series of 2009 17 This chapter is hereby amended by the addition of the following language: The State of Colorado Plumbing Code revisions as published by the State of Colorado. 10-1-8 AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE: The following amendments are hereby made to the 2009 Edition of the International Fuel Gas Code: SECTION 101.1 - TITLE: This section 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: This section is hereby amended as follows: The exception is deleted in its entirety. SECTION 106.6.2 - FEE SCHEDULE: This section 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. All work regulated by the Fuel Gas Code shall be subject to fees as designated in the Construction Fee Schedule for Mechanical Permits. SECTION 106.6.3 - FEE REFUNDS: This section is hereby amended as follows: Item 2. Not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this Code. SECTION 303.3 - PROHIBITED LOCATIONS: This section is hereby amended as follows: Delete exceptions 2, 3 and 4 in their entirety. SECTION 304.11 - COMBUSTION AIR DUCTS: This section is hereby amended as follows: Item 8. Combustion air intake openings located on the exterior of a building shall have the lowest side of such openings located not less than sixty (60) inches vertically from the adjoining ground or thirty-six (36) inches above the roof. SECTION 304.1 - GENERAL: This section is hereby amended by the addition of the following language: New construction shall be considered unusually tight construction as defined by this Code. SECTION 304.5 - INDOOR COMBUSTION AIR: This section shall be deleted in its entirety. SECTION 404.5 — PROTECTION AGAINST PHYSICAL DAMAGE: This section is hereby amended by the addition of the following language: 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. SECTION 406.4.1 - TEST PRESSURE: This section is hereby amended as follows: This test shall include an air, carbon dioxide or nitrogen pressure test, at which time the gas piping shall withstand a pressure of not less than ten (10) psig (69 kPa). For welded pipe and for piping carrying gas pressure exceeding fourteen (14) inches of water column, the test shall be at least sixty (60) psig (414 kPa). SECTION 406.4.2 - TEST DURATION: This section is hereby amended as follows: Test duration shall not be less than fifteen (15) minutes for threaded pipe. For welded pipe and piping carrying gas pressure exceeding fourteen (14) inches of water column, the duration shall not be Ordinance No. 18, Series of 2009 18 less than thirty (30) minutes. SECTION 409.7 - NATURAL GAS EMERGENCY GENERATORS: This section is hereby amended with the addition of the following language: Gas emergency generators shall have a dedicated gas line connected on the supply side of the main gas shutoff valve and marked as supplying an emergency generator per NFPA 110.7.9.7 and 7.9.8. This valve shall have a monitored tamper switch. SECTION 411.4 - FIRE PITS: This section is hereby added to this Code as follows: Fire pits serving all residential units require automatic shut-off controls with a maximum timer of thirty (30) minutes and may only be served by a 3/" gas pipe. SECTION 501.8 - EQUIPMENT NOT REQUIRED TO BE VENTED: This section is hereby amended as follows: Delete items 8 and 10. SECTION 503.6.4 - GAS VENT TERMINATIONS: This section is hereby amended with the addition of the following language: Item 8. Gas appliance vent terminations located on the exterior of a building shall have the lowest side of such openings located not less than sixty (60) inches vertically from the adjoining ground or thirty-six (36) inches above the roof. SECTION 603 - LOG LIGHTERS: This section is hereby amended with the addition of the following language: Log lighters shall not be installed in the Town of Vail. SECTION 621.2 - PROHIBITED USES: The section is herby amended with the addition of the following language: Log lighters are not permitted in the Town of Vail. 10-1-9 AMENDMENTS TO THE NATIONAL ELECTRICAL CODE: The following amendments are hereby made to the 2008 Edition of the National Electrical Code: ARTICLE 210.25(C) - MULTI FAMILY DWELLING UNITS: This article is hereby amended as follows: In multi -family dwelling units, no electrical wiring or feeder cables shall pass from one unit to another. Common walls and common spaces shall be exempt from this requirement. ARTICLE 230, Part II — OVERHEAD SERVICE -DROP CONDUCTORS: This article is hereby amended as follows: Overhead services shall not be permitted within the Town of Vail. ARTICLE 230.32 — PROTECTION AGAINST DAMAGE: This article is hereby amended with the addition of the following language: (a) Underground service shall be installed in approved conduit from the transformer to the electric meter/disconnect switch, and to the main circuit breaker (service entrance). ARTICLE 250.52 — GROUNDING ELECTRODES: This article is hereby amended with the addition of the following language: (C) For New Construction, electrical services shall be bonded to a concrete encased electrode. Where the water pipe is metal it shall also be bonded within five (5) feet of the water pipe entrance. ARTICLE 300.5 — UNDERGROUND INSTALLATIONS: This article is hereby amended with the addition of the following language: All underground electrical wiring of one hundred and twenty (120) volts or more shall be installed in PVC conduit. A minimum depth of eighteen (18) inches from the top of the conduit and warning tape is required per the NEC. Ordinance No. 18, Series of 2009 19 ARTICLE 310.5 — CONDUCTORS FOR GENERAL WIRING: This article is hereby amended with the addition of the following language: Aluminum wire or copper clad aluminum wire smaller than #8 AWG shall not be permitted. ARTICLE 334.12 — USES NOT PERMITTED: This article is hereby amended with the addition of the following language: C) Type NM cables shall not be used under the following conditions: (1) Any building containing occupancy groups A, B, E, F, H, I, M, S, as defined in the 2009 Edition of the International Building Code. ARTICLE 230.70(A) - FOR RESIDENTIAL STRUCTURES: This article is hereby amended as follows: The main disconnect shall be readily accessible, and located next to the meter on the exterior wall of the structure. ARTICLE 410.10(D) - BATHTUB AND SHOWER AREAS: This article is hereby amended with the addition of the following language: Fixtures in the bathtub and shower area shall be rated for the use (damp/wet location) and shall have a lens on the fixture trim. 10-1-10: AMENDMENTS TO THE INTERNATIONAL ENERGY CONSERVATION CODE: The following amendments are hereby made to the 2009 Edition of the International Energy Conservation Code: SECTION 101.4 — COMPLIANCE: This section is hereby amended with the addition of the following language: The latest editions of Rescheck and Comcheck Software, as developed by the United States Department of Energy, may be used to demonstrate compliance with the 2009 Edition of the International Energy Conservation Code. SECTION 303.1.3 - FENESTRATION PRODUCT RATING: This section is hereby amended as follows: U -factors of fenestration products (windows, doors and skylights) shall be determined in accordance with NFRC 100 by an accredited, independent laboratory, and labeled and certified by the manufacturer. Products lacking such a labeled U -factor shall be assigned a default U - factor from table 303.1.3(1) or 303.1.3(2), or the designer may submit calculated U -values for review by the Chief Building Official using methods set forth in Edition of the ASHRAE Fundamentals chapter 30, page 30.4, "U -Factor (Thermal Transmittance) — Determining Fenestration U -factors." TABLE 402.1.1 - INSULATION AND FENSTRATION REQUIREMENTS BY COMPONENTS: This table is hereby by amended by the addition of footnote h to read as follows: The fenestration U- factor for the Town of Vail shall be .30 for all new one and two family dwelling units. SECTION 402.4.2.1 - TESTING OPTION: This section is hereby amended with the addition of the following text: The testing agency shall be approved by the Town of Vail Chief Building Official. SECTION 403.9.3 - POOL COVERS: The exception to this section is hereby deleted in its entirety. SECTION 403.6 - EQUIPMENT SIZING (MANDATORY): This section is hereby amended as follows: Heating equipment shall be sized in accordance with ASHRAE Chapter 17 for Ordinance No. 18, Series of 2009 20 residential occupancies and Chapter 18 for nonresidential occupancies. All gas fired boilers and furnaces shall have a minimum efficiency of ninety-two percent (92%) AFUE. 10-1-11: AMENDMENTS TO THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS: The following amendments are hereby made to the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings: SECTION 301 - GENERAL: This section is herby amended as follows: For the purpose of this Code, certain terms, phrases, words, and their derivatives shall be construed as specified in either this Chapter or as specified in the Building Code. BUILDING CODE: This definition is hereby amended as follows: The Building Code is the 2009 Edition of the International Building Code as adopted and amended by the Town of Vail. DANGEROUS BUILDING: This definition is hereby amended as follows: A Dangerous Building is any building or structure deemed to be dangerous under the provisions of Section 302 of this Code. 10-1-12: 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 Vail Town Clerk. 10-1-13: PENALTIES: A. Any person who violates any of the provisions of the Codes adopted by this Chapter or fails to comply therewith, or who violates or fails to comply with any order made there under, or who builds in violation of any detailed statements, specifications, or plans submitted and approved there under, or any certificate or permit issued there under, 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. Section 2. The building codes adopted by this Ordinance shall be effective for all building permit applications received by the Town of Vail, Community Development Department, Building Safety and Inspection Services on or after January 1, 2010. 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 Ordinance No. 18, series of 2009 21 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 Vail 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of October, 2009, and a public hearing for second reading of this Ordinance set for the 20th day of October 2009, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 18, Series of 2009 22 INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 201h day of October 2009. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 18, Series of 2009 23 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 19, Series of 2009, on the Town of Vail's web site, www.vailqov.com, on the 16th day of September, 2009. Witness my hand and seal this d y of , 2009. vw • ......•gip G (seal) • 7 I ORDINANCE NO. 19 SERIES OF 2009 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 2010 THROUGH DECEMBER 31, 2010 WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado, the Town Manager prepared and submitted to the Town Council a proposed long-range capital program for the Town and a proposed budget and financial plan for all Town funds and activities for the fiscal year; and WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for the 2010 fiscal year, to make appropriations for the amounts specified in the budget; and NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof, have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day of January, 2010, and ending on the 31St day of December, 2010: FUND AMOUNT General Fund 29,106,839 Capital Projects Fund 11,578,713 Real Estate Transfer Tax Fund 5,054,905 Vail Marketing Fund 295,600 Debt Service Fund 2,277,331 Heavy Equipment Fund 2,995,323 Health Insurance Fund 3,070,000 Dispatch Services Fund 2,415,695 Total 56,794,406 Less Interfund Transfers (8,476,486) Net Expenditure Budoet 48,317,920 Ordinance No. 19, Series of 2009 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2010 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Town. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 5. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 6. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 15th day of September, 2009. A public hearing shall be held hereon on the 6th day of October, 2009, at 6:00 pm at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 19, Series of 2009 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 19, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 21St day of October, 2009. Witness my hand and seal this.9l� day of �� , 2009. my Town of eputy.'a.,, al) ORDINANCE NO. 19 SERIES OF 2009 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 2010 THROUGH DECEMBER 31, 2010 WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado, the Town Manager prepared and submitted to the Town Council a proposed long-range capital program for the Town and a proposed budget and financial plan for all Town funds and activities for the fiscal year; and WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for the 2010 fiscal year, to make appropriations for the amounts specified in the budget; and NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof, have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day of January, 2010, and ending on the 31St day of December, 2010: FUND AMOUNT General Fund 32,754,088 Capital Projects Fund 14,378,713 Real Estate Transfer Tax Fund 4,254,905 Vail Marketing Fund 295,600 Debt Service Fund 2,398,412 Heavy Equipment Fund 2,995,323 Health Insurance Fund 3,070,000 Dispatch Services Fund 2,415,695 Total 62,562,736 Less Interfund Transfers 12,256,567 Net Expenditure Budget 50,306,169 Ordinance No. 19, Series of 2009 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2010 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Town. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 5. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 6. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 15th day of September, 2009. A public hearing shall be held hereon on the 6th day of October, 2009, at 6:00 pm at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 19, Series of 2009 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 20th day of October 2009. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 19, Series of 2009 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that 1 published in full a true and correct copy of Ordinance No. 20, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 8th day of October, 2009. Wi ess my hand and seal this day of ,�'�} r,1� Pte_ , 2009. ammy Town of �epu ORDINANCE NO. 20 Series of 2009 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 5, SERIES OF 2006, ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 39, CROSSROADS, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING TITLE, TOWN CODE OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Title 12, Zoning Title, Chapter 9, Article A, Special Development (SDD) District, Town Code of Vail establishes a procedure for amending special development districts; and WHEREAS, Solaris Property Owner LLC, has submitted an application to the Town of Vail Community Development Department to amend Special Development District No. 39, Crossroads, to facilitate the redevelopment of an existing mixed use development; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on September 14, 2009, on the application to amend Special Development District No. 39, Crossroads, in accordance with the provisions of the Town Code of Vail; and WHEREAS, upon due consideration, the Planning and Environmental Commission of the Town of Vail found that the request complies with the design criteria prescribed in the Title 12, Zoning Regulations, Vail Town Code, and furthers the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has forwarded a recommendation of approval, by a vote of 7-0-0 of this request for a major amendment to increase the maximum number of dwelling units from 78 to 79 for Special Development District No. 39, Crossroads, to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the request to amend Special Development District No. 39, Crossroads, complies with the design criteria prescribed in the Title 12, Zoning Title, Town Code of Vail; and provides a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt Ordinance No. 20, Series of 2009, which repeals and re-enacts Ordinance No. 5, Series of 2006, which established Special Development District No. 39, Crossroads, in the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. District Established Special Development District No. 39, Crossroads, is established for development on two parcels of land, legally described as Lot P and A Part of Tract C, Block 5D, Vail Village Filing 1, which comprise a total of 115,129 square feet (2.643 acres) in the Vail Village area of the Town of Vail. Said parcels may be referred to as "SDD No. 39". Special Development District No. 39 shall be reflected as such on the Official Zoning Map of the Ordinance No. 20, Series 2009 1 Town of Vail. The underlying zoning for Special Development District No. 39, Crossroads, shall be Commercial Service Center (CSC) District. Section 2. Special Development District No. 39, Crossroads, Approved Development Plan An approved development plan is the principal document in guiding the development, uses and activities of a special development district. The Vail Town Council finds that the Approved Development Plan for Special Development District No. 39, Crossroads, complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Town Code of Vail. The Approved Development Plan for Special Development District No. 39, Crossroads, shall be comprised of materials submitted in accordance with Section 12-9A-5 of the Town Code of Vail and those plans prepared by Barnes Coy Architects and Davis Partnership Architects, entitled "Solaris", dated January 15, 2007, and stamped approved April 3, 2007 and amended pages dated August 10, 2009, and stamped approved October 20, 2009. Section 3. Development Standards In conjunction with the Approved Development Plan described in Section 2 herein, the following development standards are hereby approved by the Vail Town Council. These standards are incorporated in the Approved Development Plan to protect the integrity of the development of Special Development District No. 39, Crossroads. The development standards for Special Development District No. 39, Crossroads, are described below: 1. A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No. 39, Crossroads, shall be those uses listed in Title 12, Chapter 7, Article E, Commercial Service Center zone district, Town Code of Vail, as may be amended from time to time. The approval of SDD No. 39 shall restrict the uses upon the plaza level tenant spaces to "retail/restaurant' uses solely and shall not be utilized for `professional offices, business offices, and studios" uses, as defined in Title 12. A professional office intended for real estate sales may be allowed on the plaza level of the building for a period of two years following the date of the issuance of a temporary certificate of occupancy or a final certificate of occupancy to allow for the sales of the on- site dwelling units and leasing of commercial spaces. No space noted as retail/restaurant space on the Approved Development Plan shall be converted to a dwelling unit. B. Lot Area: The minimum lot area for Special Development District No. 39, Crossroads, shall be 115,129 square feet (2.643 acres). C. Setbacks: The minimum setbacks for Special Development District No. 39, Crossroads, shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. D. Height: The maximum allowable building height for Special Development District No. 39, Crossroads shall be ninety-nine and nine tenths feet (99.9'), and as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. Ordinance No. 20, Series 2009 2 E. Density Control: The maximum allowable Gross Residential Floor Area (GRFA) for Special Development District No. 39, Crossroads, shall be 200,858 square feet and the maximum allowable density shall be seventy- nine (79) dwelling units, as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. F. Site Coverage: The maximum allowable site coverage shall be ninety-three and six tenths percent (93,6%) or 107,772 square feet of the total lot area, and as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. G. Landscaping and Site Development: At least twenty percent (20%) of the total site shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen (15) feet with a minimum area of not less than three hundred (300) square feet. The landscaping and site development shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. H. Parking and Loading: Off street parking and loading shall be provided in accordance with title 12-10 of the Vail Town Code. At least one-half (1/2) of the required parking shall be located within the main building or buildings. The minimum number of loading and delivery bays shall be five (5), as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. Section 4. Conditions of Approval The following conditions of approval shall become part of the Town's approval of the establishment of Special Development District No. 39, Crossroads: The Developer shall address the following conditions of approval prior to appearing before the Vail Town Council for second reading of an adopting ordinance for the establishment of Special Development District No. 39, Crossroads: 1. The Developer shall prepare an amended written agreement, for Town Council review and approval, outlining the responsibilities and requirements of the required offsite improvements, as indicated on the proposed Approved Development Plan. This agreement shall include, but not be limited to, all streetscape improvements along Village Center Road and East Meadow Drive, public access to the plaza for pedestrians and Town sponsored events, which may include the establishment of an easement on the plaza and language in the covenants and declarations for owners of property in the project regarding the use of the plaza for special events, inclusion of the loading and delivery facility in the overall loading and delivery system, payment of traffic impact fees and credits given to offset fee, and details for funding public art. The Developer shall address the following conditions of approval prior to submitting a building permit application (a grading permit/excavation permit shall constitute a building permit); The Developer shall submit a final exterior building materials list, typical wall section, architectural specifications, and a complete color rendering for review and approval Ordinance No. 20, Series 2009 3 of the Design Review Board, prior to submittal of an application for a building permit. 2. The Developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the submittal of a building permit application. All rooftop mechanical equipment shall be incorporated into the overall design of the structure and enclosed and visually screened from public view. 3. The Developer shall receive all the required permits from the Colorado Department of Transportation (CDOT) prior to submitting for a building permit. Failure to receive the appropriate permits to access the South Frontage Road per the Approved Development Plan will require the project to return through the special development district review process. 4. The Developer shall comply with the written final comments of the Town of Vail Public Works Department outlined in the memorandum from the Town of Vail Public Works Department, dated January 16, 2006, prior to submitting an application to the Town of Vail Community Department for the issuance of a building permit for this project. 5. The Developer shall submit a written letter agreeing to install a public safety radio communications system within the subterranean parking structure which meets the specifications of the Town of Vail Communications Center. The specifications and details of this system shall be submitted to staff for review and approval with the application for a building permit. 6. The Developer shall submit a fire and life safety plan for review and approval by the Town of Vail Fire Department in conjunction with the building permit submittal. The Developer shall address the following conditions of approval prior to release of a full building permit, requesting a temporary certificate of occupancy, or a final certificate of occupancy; The Developer shall submit a comprehensive sign program for review and approval by the Design Review Board, prior to requesting a temporary certificate of occupancy, or a final certificate of occupancy. The Developer shall be assessed a traffic impact fee of $6,500 per net trip increase in p.m. traffic. The traffic and trip generation report prepared by Fox Higgins Transportation Group dated June 2007, that specifically addresses the change in number of condominium units from 75 to 77, states that the net peak increase is 81 trips, 13 more trips than in the original approved traffic study dated November 2005. Since the usage of the commercial space is still in flux the Public Works Department will require that a new study be performed prior to the issuance of a full building permit to address the traffic generation created by the specific tenants that will lease the commercial/retail space within the project. This change may cause the trip generation to increase. The applicant shall be responsible for mitigating the number of net peak trip increases depicted in the revised study. This impact fee shall not be offset by any public improvements and shall be paid prior to requesting a temporary certificate of occupancy or certificate of occupancy. Ordinance No. 20, Series 2009 4 3. The Developer shall post a bond to provide financial security for 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a temporary certificate of occupancy. This includes but is not limited to the proposed streetscape improvements. 4. The Developer shall commence initial construction of the Crossroads improvements within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. 5. Employee Housing: Crossroads shall furnish deed restricted employee housing sufficient to accommodate 22 occupants by executing appropriate restrictive covenant(s) on form(s) provided by the Town. Any dwelling unit(s) restricted shall conform to the following floor area requirements: a one -bedroom unit shall contain at least 550 sq. ft. of floor area and accommodate no more than 2 occupants; a two- bedroom unit shall contain at least 850 sq. ft. of floor area and accommodate no more than 3 occupants; a three-bedroom unit shall contain at least 1,350 sq. ft. of floor area and accommodate no more than 4 occupants; and a four-bedroom unit shall contain at least 1,500 sq. ft. of floor area and accommodate no more that 5 occupants. The Town may approve minor variations in floor area when the overall intent of the floor area requirements is being met. Any deed restriction shall be for property located within the Town. Such deed restriction(s) shall be executed and provided to the Town for recording and restricted unit(s) shall be available for occupancy prior to the issuance of a temporary certificate of occupancy for the Crossroads Project or any phase thereof. Any deed restricted employee housing unit shall comply with the standards and procedures established by the Town Zoning Regulations. 6. The approval of SDD No. 39, Crossroads, shall restrict the uses upon the plaza level tenant spaces to retail uses solely and shall not be utilized for professional offices, business offices, and studios. The second floor retail space may be utilized for any allowable or conditional use as listed in the Commercial Service Center Zone District. No space noted as retail space on the Approved Development Plan shall be converted to a residential dwelling unit. Temporary real estate sales offices may be allowed on the plaza level of retail during the first two years following the issuance of a certificate of occupancy in order to allow effective sales of dwelling units on-site. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Vail 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. Ordinance No. 20, Series 2009 5 Section 6. The Vail 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. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. Section 7. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or 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 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6`h day of October, 2009, and a public hearing for second reading of this Ordinance set for the 20th day of October 2009, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 20, Series 2009 6 PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 20, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 21St day of October, 2009. Witness my hand and seal thisOltt day of I , 2009. 4Tow 1 Depu 0.•• . I) �ij •� •....•Mph► , ON ORDINANCE NO. 20 Series of 2009 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 5, SERIES OF 2006, ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 39, CROSSROADS, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING TITLE, TOWN CODE OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Title 12, Zoning Title, Chapter 9, Article A, Special Development (SDD) District, Town Code of Vail establishes a procedure for amending special development districts; and WHEREAS, Solaris Property Owner LLC, has submitted an application to the Town of Vail Community Development Department to amend Special Development District No. 39, Crossroads, to facilitate the redevelopment of an existing mixed use development; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on September 14, 2009, on the application to amend Special Development District No. 39, Crossroads, in accordance with the provisions of the Town Code of Vail; and WHEREAS, upon due consideration, the Planning and Environmental Commission of the Town of Vail found that the request complies with the design criteria prescribed in the Title 12, Zoning Regulations, Vail Town Code, and furthers the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has forwarded a recommendation of approval, by a vote of 7-0-0 of this request for a major amendment to increase the maximum number of dwelling units from 78 to 79 for Special Development District No. 39, Crossroads, to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the request to amend Special Development District No. 39, Crossroads, complies with the design criteria prescribed in the Title 12, Zoning Title, Town Code of Vail; and provides a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt Ordinance No. 20, Series of 2009, which repeals and re-enacts Ordinance No. 5, Series of 2006, which established Special Development District No. 39, Crossroads, in the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. District Established Special Development District No. 39, Crossroads, is established for development on two parcels of land, legally described as Lot P and A Part of Tract C, Block 5D, Vail Village Filing 1, which comprise a total of 115,129 square feet (2.643 acres) in the Vail Village area of the Town of Vail. Said parcels may be referred to as "SDD No. 39". Special Development District No. 39 shall be reflected as such on the Official Zoning Map of the Ordinance No. 20, Series 2009 1 Town of Vail. The underlying zoning for Special Development District No. 39, Crossroads, shall be Commercial Service Center (CSC) District. Section 2. Special Development District No. 39, Crossroads, Approved Development Plan An approved development plan is the principal document in guiding the development, uses and activities of a special development district. The Vail Town Council finds that the Approved Development Plan for Special Development District No. 39, Crossroads, complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Town Code of Vail. The Approved Development Plan for Special Development District No. 39, Crossroads, shall be comprised of materials submitted in accordance with Section 12-9A-5 of the Town Code of Vail and those plans prepared by Barnes Coy Architects and Davis Partnership Architects, entitled "Solaris", dated January 15, 2007, and stamped approved April 3, 2007 and amended pages dated August 10, 2009, and stamped approved October 20, 2009. Section 3. Development Standards In conjunction with the Approved Development Plan described in Section 2 herein, the following development standards are hereby approved by the Vail Town Council. These standards are incorporated in the Approved Development Plan to protect the integrity of the development of Special Development District No. 39, Crossroads. The development standards for Special Development District No. 39, Crossroads, are described below: A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No. 39, Crossroads, shall be those uses listed in Title 12, Chapter 7, Article E, Commercial Service Center zone district, Town Code of Vail, as may be amended from time to time. The approval of SDD No. 39 shall restrict the uses upon the plaza level tenant spaces to "retail/restaurant' uses solely and shall not be utilized for "professional offices, business offices, and studios" uses, as defined in Title 12. A professional office intended for real estate sales may be allowed on the plaza level of the building for a period of two years following the date of the issuance of a temporary certificate of occupancy or a final certificate of occupancy to allow for the sales of the on- site dwelling units and leasing of commercial spaces. No space noted as retail/restaurant space on the Approved Development Plan shall be converted to a dwelling unit. B. Lot Area: The minimum lot area for Special Development District No. 39, Crossroads, shall be 115,129 square feet (2.643 acres). C. Setbacks: The minimum setbacks for Special Development District No. 39, Crossroads, shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. D. Height: The maximum allowable building height for Special Development District No. 39, Crossroads shall be ninety-nine and nine tenths feet (99.9'), and as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. Ordinance No. 20, Series 2009 2 E. Density Control: The maximum allowable Gross Residential Floor Area (GRFA) for Special Development District No. 39, Crossroads, shall be 200,858 square feet and the maximum allowable density shall be seventy- nine (79) dwelling units, as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. F. Site Coverage: The maximum allowable site coverage shall be ninety-three and six tenths percent (93.6%) or 107,772 square feet of the total lot area, and as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. G. Landscaping and Site Development: At least twenty percent (20%) of the total site shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen (15) feet with a minimum area of not less than three hundred (300) square feet. The landscaping and site development shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. H. Parking and Loading: Off street parking and loading shall be provided in accordance with title 12-10 of the Vail Town Code. At least one-half (1/2) of the required parking shall be located within the main building or buildings. The minimum number of loading and delivery bays shall be five (5), as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. Section 4. Conditions of Approval The following conditions of approval shall become part of the Town's approval of the establishment of Special Development District No. 39, Crossroads: The Developer shall address the following conditions of approval prior to appearing before the Vail Town Council for second reading of an adopting ordinance for the establishment of Special Development District No. 39, Crossroads: 1. The Developer shall prepare an amended written agreement, for Town Council review and approval, outlining the responsibilities and requirements of the required offsite improvements, as indicated on the proposed Approved Development Plan. This agreement shall include, but not be limited to, all streetscape improvements along Village Center Road and East Meadow Drive, public access to the plaza for pedestrians and Town sponsored events, which may include the establishment of an easement on the plaza and language in the covenants and declarations for owners of property in the project regarding the use of the plaza for special events, inclusion of the loading and delivery facility in the overall loading and delivery system, payment of traffic impact fees and credits given to offset fee, and details for funding public art. The Developer shall address the following conditions of approval prior to submitting a building permit application (a grading permit/excavation permit shall constitute a building permit); The Developer shall submit a final exterior building materials list, typical wall section, architectural specifications, and a complete color rendering for review and approval Ordinance No. 20, Series 2009 3 of the Design Review Board, prior to submittal of an application for a building permit. 2. The Developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the submittal of a building permit application. All rooftop mechanical equipment shall be incorporated into the overall design of the structure and enclosed and visually screened from public view. 3. The Developer shall receive all the required permits from the Colorado Department of Transportation (CDOT) prior to submitting for a building permit. Failure to receive the appropriate permits to access the South Frontage Road per the Approved Development Plan will require the project to return through the special development district review process. 4. The Developer shall comply with the written final comments of the Town of Vail Public Works Department outlined in the memorandum from the Town of Vail Public Works Department, dated January 16, 2006, prior to submitting an application to the Town of Vail Community Department for the issuance of a building permit for this project. 5. The Developer shall submit a written letter agreeing to install a public safety radio communications system within the subterranean parking structure which meets the specifications of the Town of Vail Communications Center. The specifications and details of this system shall be submitted to staff for review and approval with the application for a building permit. 6. The Developer shall submit a fire and life safety plan for review and approval by the Town of Vail Fire Department in conjunction with the building permit submittal. The Developer shall address the following conditions of approval prior to release of a full building permit, requesting a temporary certificate of occupancy, or a final certificate of occupancy; 1. The Developer shall submit a comprehensive sign program for review and approval by the Design Review Board, prior to requesting a temporary certificate of occupancy, or a final certificate of occupancy. 2. The Developer shall be assessed a traffic impact fee of $6,500 per net trip increase in p.m. traffic. The traffic and trip generation report prepared by Fox Higgins Transportation Group dated June 2007, that specifically addresses the change in number of condominium units from 75 to 77, states that the net peak increase is 81 trips, 13 more trips than in the original approved traffic study dated November 2005. Since the usage of the commercial space is still in flux the Public Works Department will require that a new study be performed prior to the issuance of a full building permit to address the traffic generation created by the specific tenants that will lease the commercial/retail space within the project. This change may cause the trip generation to increase. The applicant shall be responsible for mitigating the number of net peak trip increases depicted in the revised study. This impact fee shall not be offset by any public improvements and shall be paid prior to requesting a temporary certificate of occupancy or certificate of occupancy. Ordinance No. 20, Series 2009 4 3. The Developer shall post a bond to provide financial security for 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a temporary certificate of occupancy. This includes but is not limited to the proposed streetscape improvements. 4. The Developer shall commence initial construction of the Crossroads improvements within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. Employee Housing: Crossroads shall furnish deed restricted employee housing sufficient to accommodate 22 occupants by executing appropriate restrictive covenant(s) on form(s) provided by the Town. Any dwelling unit(s) restricted shall conform to the following floor area requirements: a one -bedroom unit shall contain at least 550 sq. ft. of floor area and accommodate no more than 2 occupants; a two- bedroom unit shall contain at least 850 sq. ft. of floor area and accommodate no more than 3 occupants; a three-bedroom unit shall contain at least 1,350 sq. ft. of floor area and accommodate no more than 4 occupants; and a four-bedroom unit shall contain at least 1,500 sq. ft. of floor area and accommodate no more that 5 occupants. The Town may approve minor variations in floor area when the overall intent of the floor area requirements is being met. Any deed restriction shall be for property located within the Town. Such deed restriction(s) shall be executed and provided to the Town for recording and restricted unit(s) shall be available for occupancy prior to the issuance of a temporary certificate of occupancy for the Crossroads Project or any phase thereof. Any deed restricted employee housing unit shall comply with the standards and procedures established by the Town Zoning Regulations. 6. The approval of SDD No. 39, Crossroads, shall restrict the uses upon the plaza level tenant spaces to retail uses solely and shall not be utilized for professional offices, business offices, and studios. The second floor retail space may be utilized for any allowable or conditional use as listed in the Commercial Service Center Zone District. No space noted as retail space on the Approved Development Plan shall be converted to a residential dwelling unit. Temporary real estate sales offices may be allowed on the plaza level of retail during the first two years following the issuance of a certificate of occupancy in order to allow effective sales of dwelling units on-site. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Vail 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. Ordinance No. 20, Series 2009 5 Section 6. The Vail 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. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. Section 7. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or 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 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of October, 2009, and a public hearing for second reading of this Ordinance set for the 20th day of October 2009, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of October, 2009. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance No. 20, Series 2009 6 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 21, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 8th day of October, 2009. Witness my hand and seal this day of , 2009. f T my Nag �►F .... To ap u�tY � 6 ORDINANCE NO. 21 SERIES OF 2009 AN ORDINANCE AMENDING ORDINANCE NO. 15 DEFINING ELECTRONIC PERSONAL ASSISTIVE MOBILITY DEVICE ("EPAMD"); ESTABLISHING REGULATIONS REGARDING THE OPERATION OF SUCH DEVICES IN THE TOWN OF VAIL; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Town promotes alternative transportation modes that are environmentally friendly and that reduce society's dependence on fossil fuels; and WHEREAS, by the provisions of this Ordinance, the Town desires to: (a) define Electric Personal Assisted Mobility Device; Declare such vehicles as exempt from motor vehicle traffic laws except as provided in the Ordinance; implement regulations for the operation of EPAMDs in the Town of Vail; and WHEREAS, On September 15, 2009 the Council directed the staff to amend Ordinance No. 15, Series of 2009, extending the Sunset Provision and Ordinance Expiration for an additional year to October 5, 2010 and by adding a new section requiring EPMAD's to have audible warning safety equipment installed; and WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by the adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. DEFINITIONS Electronic Personal Assistive Mobility Device ("EPAMD") means a self -balancing, nontandem two -wheeled device, designed to transport only one person, which is powered solely by an electronic propulsion system producing an average power output of no more than seven hundred fifty watts. �ITT4M'i P�01]=I7_ti1J1 L9J;#, 14 Except as provided by this Ordinance, the operation of EPAMDs in the Town shall be exempt from the Model Traffic Code, as adopted by the Town of Vail, and such other Town ordinances that regulate motorized vehicles in Town. Section 3. EPAMD OPERATION, PARKING AND EQUIPMENT REGULATIONS For the purposes of operation, parking, and equipment and subject to the additional regulations set forth in this Ordinance, EPAMDs shall be considered bicycles and shall OrdinanceNo. 21, Series of 2009 be subject to the provisions and regulations concerning bicycles contained in the Model Traffic Code, as adopted by the Town of Vail. Section 4. RESTRICTIONS ON THE OPERATION OF EPAMDs A. It shall be unlawful for any person to operate EPAMDs in the following public areas: (1) Vail Nature Center (2) Betty Ford Alpine Garden (3) Village Streamwalk (currently pedestrian only) (4) All children's playgrounds (5) All turf areas (6) All natural/unimproved areas B. The rider of an EPAMD shall have all the same rights and duties as an operator of any other vehicle pursuant to C.R.S. Article 4, Title 42, except as to those provisions that by their nature have no application and have not otherwise been lawfully amended by this Ordinance. Section 5. FURTHER RESTRICITONS ON EMPADs It shall be unlawful to operate EPAMD's on streets and highways that are parts of the state highway system. Section 6. MINIMUM AGE FOR OPERATION OF EPAMDs Operation of EPAMDs shall be limited to persons sixteen (16) years of age or older. Section 7. VIOLATIONS Violations of this Ordinance shall be punishable in accordance with the Section 1-4-1 of this Code. Section 8. EXCEPTIONS The provisions of this section limiting the use of EPAMDs do not apply to an EPAMD when that devise is operated by a person with a mobility impairment caused by physical disability who uses the device to enhance that person's mobility. Section 9. SUNSET PROVISION AND ORDINANCE EXPIRATION This Ordinance, and the rights granted by this Ordinance, shall expire on SeptembeF 39-, 2494 -October 5, 2010. Section 10. REQUIRED SAFETY EQUIPMENT All EPAMD's operated within the Town of Vail must be equipped with an audible warning device. Section 11. 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 Ordinance No. 21, Series of 2009 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 12. 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 13. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of October, 2009, and a public hearing for second reading of this Ordinance set for the 20th day of October, 2009, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 21, Series of 2009 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 23, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 2nd day of December, 2009. Witness my hand and seal this day of 2009. A ORDINANCE NO. 23 SERIES OF 2009 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2009 TAX YEAR AND PAYABLE IN THE 2010 FISCAL YEAR. WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and collection of Town ad valorem property taxes due for the 2009 year and payable in the 2010 fiscal year. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. For the purpose of defraying part of the operating and capital expenses of the Town of Vail, Colorado, during its 2010 fiscal year, the Town Council hereby levies a property tax of 4.690 mills upon each dollar of the total assessed valuation of $1,026,426,880 for the 2009 tax year of all taxable property within the Town, which will result in a gross tax levy of $4,813,942 calculated as follows: Base mill levy 4.690 $4,813,942 Abatement levy .000 0 Total mill levy 4.690 4 1 42 Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the Colorado Revised Statutes (1973 as amended), and as otherwise required by law. 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not I revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 17th day of November, 2009. A public hearing shall be held hereon at 6 P.M. on the 1 st day of December, 2009, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 1 st day of December 2009. ATTEST: Lorelei Donaldson, Town Clerk Ordinance 23, Series of 2009 Dick Cleveland, Mayor -2- PROOF OF PUBLICATION STATE OF COLORADO } } SS. COUNTY OF EAGLE } I, Don Rogers, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 5/8/2009 and that the last publication of said notice was in the issue of said newspaper dated 5/8/2009. In witness whereof has here unto se my hand this 3rd day of August, 2009. Publisher/General Manager/Editor PUBLIC NOTICE Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 3rd day of August, 2009. Pamela Joan Schultz Notary Public My Commission expires: November 1, 2011 PAMELA J SCHULTZ Notary Public State of Colorado OF PROPOSENOTICE D AMENDED BUDGET HEARING OF THE VAIL LOCAL MARKETING DISTRICT NOTICE IS HEREBY GIVEN thata proposed be amendment to the 2009 budget has been submit- ted to the Board of Directors of the Vail Local Mar- keting District (District). That a copy of such pro- posed amendment has been filed in the office of the Assistant Town Manager for the Town of Vail, at 75 South Frontage Road, Vail, Colorado, and where the same proposed amendment is open for inspection by the publicAnd that such proposed amendment will be considered at a Public meeting of the Board of Directors of the District to be held at the Town Council Chambers in the Vail Municipal Building, 75 South Frontage Road, Vail, Colorado, on May 19, 2009 at 6 P.M. Any elector within the District may, at any time prior to the final adoption of the budgets, file any Objections thereto. Vail Local Marketing District Published in the Vail Daily May 8, 2009. (3405344 PROOF OF PUBLICATION STATE OF COLORADO } } SS. COUNTY OF EAGLE } I, Don Rogers, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. PUBLIC NOTICE That the annexed legal notice or advertisement was published in the regular and entire issue of every number of -NOTICE OF PROPOSED AMENDED BUDGET HEARING OF THE TOWN OF VAIL said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in NOTICE IS HEREBY GIVEN that a proposed amended budget for 2009 has been submitted to the issue of said newspaper dated 6/9/2009 and that the last publication of said notice was in the issue of said the Town Council of the Town of Vail. That a copy of such proposed amended budget has been filed in the office of the Town Clerk for the Town of Vail, at 75 South Frontage Road, Vail, Colorado, and newspaper dated 6/9/2009. where the same proposed amended budget is open for inspection by the public. And that such proposed amended budget will be considered at a public meeting of the Town Council to be held at the Town Council Chambers in the Vail Municipal In witness whereof has here unto et tyi and this 3rd da of Au St 2009. y Building, 75 South Frontage Road, Vail, Colorado, on June 16, 2009 at approximately 6 P.M. Any elector within the Town may, at any time prior to the final adoption of the budgets, file any objec- tions thereto. Publis /General Manager/Editor Town of Vail Lorelei Donaldson, Town Clerk P..hlished in the Vail Daily June 9, 2009 (3548915) Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 3rd day of August, 2009. Pamela Joan Schultz `+ Notary Public PAMELA J SCHULTZ Notary Public My Commission expires: November 1, 2011 State of Colorado PROOF OF PUBLICATION STATE OF COLORADO } } SS. COUNTY OF EAGLE } I, Don Rogers, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 2 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 5/15/2009 and that the last publication of said notice was in the issue of said newspaper dated 5/22/2009. In witness whereof has here s y hand this 3rd day of August, 2009. Publis er/General Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 3rd day of August, 2009. Pamela Joan Schultz Notary Public My Commission expires: November 1, 2011 PAMELA J SCHULTZ Notary Public State of Colorado PUBLIC PUBLIC NOTICE Town Coun�j ICE IS HEREBY Plications for OftheTown of V GIVEN that the t of V I' Position ail is accepttn ow ail Local which g aP- ele tors citize L the sing Authority IIS on the the °f the ns of Unttetl States Applicants Town of V Town of Vail, qualified ceding appotntail for not less. han t resided in have cial interest in an nf' antl shall have twO Years ages or an Y ticense to no direct tin re - Y location having ansell alcoholic er- Duties of Ysuchlicensebever- all Town of �'ve-member board include r though thePosition, ail liqua`e'cense aPPlicationsew of vides each memtbb� With a bluenpa Y, theTown prof Wednesd I. Parking authority meets the second 10:00 AM In the Vail Munici gs be Of appointn at ment for the Meets d Yearn, three Building. The terms until June 1 2017 Positions are for two Qn Tuesday June viewed at the Town�C��,applicants will be inter- sion, grs Conal selection bei work sea- evenin afternoon should be atldress meeting. n9 made at that Attn. Lorelei addressed the letters of interest age Road. V Vail Town Council, ail, CO 81' S7 n Clerk, 75 S. Front- linne forfvail ov.com or fax to or email to: 26,200gePPlicatio 5: 970-87 - Itlo n is 00 PM, Tusdae8d. Oead- Town of Vail Y, May Lorelei Donaldson, Town Clerk I Published to THE VAIL Dql 2008. (3417,'28) LV, May 15, and 22, ON YCL0LO J d «tC W 0 Z�DN N J �. oNLO jaa C pN� O N <O OowmQyoUnE �'«>o?c Oo M a d C«yw NO0CUJ WQ NZOW >.d 0imn�oEF.�t� �nL�m0Q00 'Sc E U mo Q d 0 m- —cu o? «. 0 Mo ) pm2 Z Quj Z°«5-a�3LLm�:=.m.a�ap W N yD 316a 00 >. N O�L.r-« C N O J O> U O'0 O NmL�U« L y O OW 2> M1 zUwONOI�NNJL•D�td« QU > 1 ¢R WtOWNN N.3 LyDoo�>E CC d LLQ =Y CRMO~ TC._uOi�:Cp� t0 C. uww �Eu°dto°od`o'm� io a U WaN .DD O«a(D j�01« W.1<65L�Q�cmp d� ¢_m NN �m OLL Z O H.m Ocie O; a J d O� L O T J J L L 0 0 A O J Z O�N000-U «UNuI O.«UILN >J a.�l czQ � 0 b biotj o Ri �w cl En cl cz >, Oco rn bA O t" o 0 O O+ 0 o � o o > cn Cz n ` O ISI 4. r. c X10 °U�o� c r o ° o cn a�(woo `3a Cd ww z a cd .27 c R a. a H 0 EnE o 0 C', I-) N C� t +3' C,3 Co cl� C,3 C� > ° O� cz Q cn C� cn ,� C,3 O 7� 3'oc�y a >i y 'b � •b a U y it • O cd p, ° b b cn > b C,3cn b -d ani czcd a•°w pCd L13'�a-ocd CA ON I z �3�«oEco�o >10�= CD o wDNe«yw OLLNLd O- C N L D-- OLjXd ap aiF OT2mN O 8. N oo0OcndO FW= RQD�Lm �nto3 Ucwr �FI-Ec c°m 9 tw ad WO> WmO�u. C� iNo-HdctLoMO a'am ZW3 LUy A NO.p �O 0OU«NLQ U N n C> N p�� 0 70� Owoa3o°aQ�cu70;: ;o O a¢F W0Ot dV �L EV^nasi .�`-d c 0 LLO LLLy01IL x'JROIyU3C(n �L'N .. W U) mDSL Gy=OQ UO i0.0Cmoo&0 aatDQ$� NnQ O�odnoEco�tiE.pO� ZOIU QF a7 Q -NL CU2`:. a1 �"J aC cz cd 0 dq O cd m w O U ai o o cd 'O V cn c 03 cn V .O Q U �. .� O � � •U U O mid y O O �v�bb CIO w w ai cod cn b o r- O cd o OA •� Off. C � �►. �,, .b ., U �, W ° � p � � '' • � cd a ° o cn..a A '.14 Qn cd cl cn Od C EQ, a ct3 cz O ..r N 00 b 10 L+. U N CC L" cd `� `� N cc v°�i �bOA N 000 •> b tom. Q N N CL cz c+ -C �'' =• . 0 O O ami A� O � O 0. a� 0 O n O U *C, N' 9 V JtZT Rr O c n S Q = a in C O N 0 b Ox y 0 O d w C CD CD CD O m ;rC�o cn CD CDD .fl ?; < CDD O' CD CD o tip ct ft CD 0 0 ft CD CD CD W C -D r �Oy CD � A " � 'C A CD CD � `'+° CD CD -1 `° 3 a- CD CD CD cr CD CD zr � CD 0 0CD c`DD � p- E ' o CDD � o `� � m d y `C O UQ .Oj ..0 p CD CD CD '•.^ a• •"fit a• CCD O'Q CD .•+ � O cD � O A� cD CD O O O N O Cr pry p CD CAD A 0 O O O 17,`? 5- O �. O CD -4 M O O pm O O. w O �Q O O �C p 0 r. w CD r`1 ° CD a CD ft c `° w a CD MS° CD W zr CD n msLn CD CD a� CD X 0 OD J °, G CD a. aCD CD a 5' CD °, y cn ' ID 0,�� �' a o � 0 c) (1) D Qcc a�� CO (D m roma- �vm�m= Ummm m _CLW _ -� -, ID (D mC) CD U' C��C-''��ro�CD � �0 m Dmf 0 CD �c4 CCD cD a (0 CCD 0 s L7 � � � _ �nT�Ds� CD CD 'C— m0 ��_(1)0- �_ rO -� m D n o���mC0=¢,�`.Dz z�m o ��D�_�����- _ a -- 0- =r - CL — M �mz a in a l< < C7'� W(DD (-)CD ---a < (j) W ren :3 o U5 N) o C7��a-a Cn �, CD o �� {7 C �m -rCD p C-) 2 �3 (nN) 0 :3 =0 C) CL n'Qm o < a a Q=.(f) 2 CD 3Can Lm7 CmDon � � J•ar�r��Q�_oo�.�� C CD r z 0 m I V go C,Q oa0 v C r 0 0 q m CD � '� xy 00W�C� 10 � 0' CD 0 " � 4 cu P�CD r a- CD �° d .0 tr0 a Q- Ca "a CD :; CD .� (D °.o'C Ca. y m a- = a o CD N :� O w (D C) CCD 'CD (D n' A. p cD a o r. o ° eDCD CL o a r a A ato *, to CD CD OA N O CD feD �' a'CD CD w Cr CD a ara + =r.0 y 0 a _ Oil cr cr C G CD CD O b CDCD CD a O CI. CD CD 0-4 o ap- o CDo �� QqQQ o °h w CD C/1 a CD (D CD `' CD a ° CD a a a CD y M�.� gal CD cu o n o d �' n' o o .. °�. waa CD CDw CDP 0 W CD `C CD Ln 0 n' -a.=a�� C ° CCD X P N O CD O (D °S ED a r UQ `D ( D) CD d f C N T1 C7 -• cn {7 (TO� (D��m o ���o-. �-o�D �z Cr�- ro= crnro0rom(n --0-0 ro,� ' -> "� � D CD =r acD 0 --I OZ �a� �� aE�m�m M0 � D --I CD 0- CD �a` o mm 1 ;� oro=:1cn��-�cnca -,Ziw ro x. "' (a ro - �� -ICD 77 j�, = roc)CL (n D� p= 0 'J0�-•_—CQm " —0--a -• N - ZJ 1— c�D nwwa- CmD-J=-v 00w0m m� cn - ._ _ ro m (0 - CD c. o - —7; co w � a ry p CD =r 0< ro CD CD 0 C D ��V oo":=_m ) Com z P.' ro 2) -. _. -� o < �� a Q� = �o z a o ro � -- �w (ro -.ro z 77 QQrooaa�c me ccr �"��ro�a --ID ro ��.0-7-amcnro'�� � - D-mq N n�1u'�- CDXW000��� U'.ro -CI= C) CD -,j Qo(n�•io<� ro D� =m OD C) 0 = Caro n -.m (D (0 �Cn- m CLQ .. ro o �"� 0 m S_JZJ C:) 0 � c C� o�o� � ro o -* w ro s? �•S�cC ro W c�L7 -�z v C r 0 0 q m I 0 0 C) N `O o - m� CD x y N = M n o 'r- CD °. � a: w ac 0 d o o 4�_ C cD � i� ... a. 0 -fit O A� o o C7 uc o- cD o xCoCD f y a '7.'J rscD CD LCD CD CD CD 0 o •o .t r. 0 CD to -+ N N A� O� A O o O rD :. a l CD °' — o o � o a o ie Z � CD =' CD a w q b -, tt b WH+ 1 A� OA N O CD� �D � ' � � N n CD A' C: o J (�D CD 3 a� CD cr c a CDCD a CD o cn C `° o o (� to 0C tA CD Cr o OCD CD �� CDD `� '+ (Jq O .0 O �L � N �. EL y CCD r. `< UQ o cD m CD cu o.av�o o, c UQ G y cD o N CDCD o a- o C✓ "0 o g CDCD CD CD a aCD w a� cr C CD N CCD n C 0 o -°t CDD x CP � Q C av `D 0 W CD CD 5 CD cqQ �d A� mQ 00 O?m?m�'OC Of w=O EpwZ mm S.mQoo="..;map �y �oO°O(D (V/�N AO�j� OL Na < w raomF.3��3a3,���v=am oa>:ac�°m 0o0.u) v Incomo m mo o°c nM om2 m 0 a=- co IUa33ma=»M '"ZO A<' °$3-mga03Ommmmo o v o u'Zm o Q m=�=3--Ia .omm= 0{ a3am a*0OID mo OCm i09 n Z m a"omy= ,aa�nf �< 0- 0:1)--C) co-v=°wJ»m ZOM p 2 o m»X'°=of3<60Z u2-1M=yam,L= 2O Mn N m0m _I loO m3 i mx gys'-0 m<0D m°m0yan-1 ra Z w om-UOmj�yo'v Oc O c OD3o3,mn^,,a MM :�° cO Dnv nmc�w<=0a. � w, - D PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 18, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 8th day of October, 2009. Witness my hand and seal this �, day of ��� , 2009. ammy-N-agel Town of Va ep -Cler (seal) PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 18, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 21St day of October, 2009. Witness my hand and seal this :s_+ day of 2009. am el Town o Dep t � Y M PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 19, Series of 2009, on the Town of Vail's web site, www.vailcjov.com, on the 21St day of October, 2009. Witness my hand and seal this,,Q)Tsi- day of �— 2009. my Town of eputy'� PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 20, Series of 2009, on the Town of Vail's web site, www.vailqov.com, on the 8th day of October, 2009. W i ess my hand and seal this day of,-}-r,�_. , 2009. O ammy Town of epu PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 20, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 21St day of October, 2009. Witness my hand and seal thisO day of or/l_, , 2009. 4Si Depu pQdbO. • 1) PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 21, Series of 2009, on the Town of Vail's web site, www.vailqov.com, on the 8th day of October, 2009. Witness my hand and seal this day of n�,)k:YA , 2009. T my Nag r1F s To eputy ( �. ti• • 0 A� 0 Iq 0 2M A PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 23, Series of 2009, on the Town of Vail's web site, www.vail.qov.com, on the 2nd day of December, 2009. Witness my hand and seal this day of limit_ , 2009. M PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 24, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 2nd day of December, 2009. my hand and seal thi� day of �-v�; , 2009. own o \IaWDep W 1% 000-060 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 24, Series of 2009, on the Town of Vail's web site, www.vailgov.com, on the 16th day of December, 2009. Witness my hand and seal this 1 LP day of 2009. *Ip y Clerk M PROOF OF PUBLICATION STATE OF COLORADO } } SS. COUNTY OF EAGLE } I, Don Rogers, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 1/10/2009 and that the last publication of said notice was in the issue of said newspaper dated 1/10/2009. In witness whereof has here unto sit my hand this 22nd day of January, 2009. Publisher/General Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 22nd day of Ja uary, 2009. gyp, 3. SC Pamela Joan Schultz �10TAr3V Notary Public �` 0 �. oa p My Commission expires: November 1, 2011 ,_sLOC a ''•!�' yrs C32 Saturday, January 10, 2009 ORDINANCE NO. 31 SERIES 2008 AN ORDINANCE AMENDING CHAPTER 12-13, EMPLOYEE HOUSING, VAIL TOWN CODE, TO ESTABLISH A DEED -RESTRIC- TION EXCHANGE PROGRAM, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on June 3, 2008, the Vail Town Council directed the Community Development Department to prepare amendments to the Vail Town Code to establish an Employee Housing Unit (EHU) deed restriction exchange program; and, WHEREAS, on October 28, 2008, the Vail Local Housing Authority of the Town of Vail held a public hearing and reviewed and for- warded a recommendation of approval to the Vail Town Council for the proposed text amendments to the Zoning Regulations; and, WHEREAS, on December 8, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments to the Zoning Regulations in accordance with the procedures and criteria and findings outlined in Section 12-3-7 of the Vail Town Code; and, WHEREAS, the Town Council finds and determines 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, based upon Section VII of the Staff memorandum to the Planning and Environmental Commission dated December 8, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning Regulations, based upon Section VII of the Staff memorandum to the Planning and Environmental Commission dated December 8, 2008, and the evidence and testimony presented; and, `4H-IEREAS, the Town Council finds and determines 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, based upon Section VII of the Staff memorandum dated December 8, 2008; and, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-13-5, Employee Housing Deed Restriction Exchange Program, Vail Town Code is hereby established as fol- lows: 12-13-5: Employee Housing Unit Deed Restriction Exchange Program: A. Purpose: The purpose of this Section is to provide occupied livable, affordable employee housing units within the Town of Vail through the establishment of an employee housing unit deed restriction exchange program. The exchange program allows for the release of a deed restriction from an existing employee housing unit in exchange for the conveyance of a free-market dwelling unit to the Town of Vail to be deed restricted. B. Applicability: The program established under this Section applies to existing employee housing units. This shall not apply to any existing employee housing unit that is already price appreciation capped or any employee housing unit established to meet the on- site employee mitigation requirements of Chapter 12-23, Commercial Linkage, or Chapter 12-24, Inclusionary Zoning, or as part of an approved development plan. C. Definitions: For the purpose of this Section: Commercial Job Core: Those areas located south of Interstate 70, east of the intersection of Forest Road and South Frontage Road, north of Vail Mountain, and west of the Town of Vail Soccer Fields on Vail Valley Road, as further defined by Exhibit A in this Section. Exchange EHU: The existing non -price appreciation capped employee housing unit with a deed restriction that is being proposed to have the deed restriction released as part of this program. Proposed EHU: The existing dwelling unit that is being proposed to be conveyed to the Town of Vail for the purpose of plac- ing a new employee housing deed restriction as part of this program. D. General Requirements: 1. Exchange EHU requirements: a. The exchange EHU shall not be part of any employee housing project developed or deed -restricted (in part or in whole) by the Town of Vail. b. The exchange EHU shall not be part of any on-site employee housing mitigation required by inclusionary zoning, commercial linkage, or as part of an approved development plan. 2. Proposed EHU requirements: a. The proposed EHU(s) shall be located within the Town of Vail. b. The proposed EHU(s) shall be within a homeowners association that does not preclude deed restricted units, does not have a right of first refusal, does not have right to approve the sale or the sale contract, or have any other require- ments deemed to be similarly restrictive by the Administrator. 3. Exchange Rate: a. If the exchange EHU(s) is within the commercial job core and the proposed EHU(s) is also within the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of two (2) times the gross resi- dential floor area (GRFA) of the exchange EHU. b. If the exchange EHU is within the commercial job core and the proposed EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of three (3) times the gross residen- tial floor area (GRFA) of the exchange EHU. C. If the exchange EHU is outside of the commercial job core and the proposed EHU(s) is inside of the commercial lb core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of one and one-half (1.5) times e gross residential floor area (GRFA) of the exchange EHU. d. If the exchange EHU is outside of the commercial job core and the proposed EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of two (2) times the gross resi- dential floor area (GRFA) of the exchange EHU. 4. Exception; Fee -In -Lieu: The applicant may elect to provide a proposed EHU(s) that is within 80% of the minimum required gross residential floor area (GRFA) for the proposed EHU if a payment is made for the remaining minimum required gross residential floor area (GRFA) at the rate established by the Vail Town Council for Inclusionary Zoning payments of fee in lieu established by Chapter 12-23, Inclusionary Zoning, Vail Town Code. 5. No Credit Given: If the gross residential floor area (GRFA) of the proposed EHU(s) is in excess of the minimum required gross residential floor area (GRFA) as set forth in Subsection D3 above, the additional gross residential floor area (GRFA) shall not be eligible for use as any form of future credit or for the Commercial Linkage or Inclusionary Zoning em- ployee housing mitigation banks established by Sections 12-23-7 and 12-24-7, Vail Town Code. 4 Compliance with Zoning Regulations: The properties that include the exchange EHU and the proposed EHU(s) shall fully comply with all requirements of Title 12, Zoning Regulations, and Title 14, Development Standards, Vail Town Code, upon exchange of the deed restrictions. Potato Patch {w, THE VAIL DAILY 970.949.0555 :, vaildaily.com Conveyance of Proposed EHU: The proposed EHU shall be conveyed, fee simple, to the Town of Vail. E. Fees: The Town Council shall set an application fee schedule sufficient to cover the cost of Town Staff time and other Expenses incidental to the review of the application. The fee shall be paid at the time of the application, and shall not be refundable. F. Review Process: 1. Submittal Requirements: The Administrator shall establish the submittal requirements for an Employee Housing Deed Restriction Exchange application. A complete list of the submittal requirements shall be maintained by the Administra- tor and filed in the Community Development Department. Certain submittal requirements may be waived and/or modified by the Administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed exchange. The Administrator and/or the reviewing body may require the submission of ad- ditional materials if deemed necessary to properly evaluate the application. 2. Review Procedures: a. Administrator Review: The Administrator shall review the application for completeness and compliance with this Section, and shall make a determination of completeness and compliance with this Section within fourteen (14) days of application submittal. Should the Administrator deem that the application is incomplete or not in compliance with this Sec- tion, the Administrator shall deny the application. Should the Administrator deem the application is both complete and in compliance with this Section, the Administrator shall forward the application for review by the Vail Local Housing Authority. b. Vail Local Housing Authority Review: The review of a proposed Employee Housing Deed Restriction Exchange application shall be held by the Vail Local Housing Authority at a regularly scheduled meeting. A report of the Community Development Department Staff's findings and recommendations shall be made at the formal hearing before the Vail Local Housing Authority. Within twenty (20) days of the closing of a public hearing on a proposed amendment, the Vail Local Hous- ing Authority shall act on the application. The Authority may recommend approval of the application as initiated, may recom- mend approval with such modifications as it deems necessary to accomplish the purposes of this Title, or may recommend denial of the application. The Authority shall transmit its recommendation, together with a report on the public hearing and its deliberations and findings, to the Town Council. C. Town Council Review: Upon receipt of the report and recommendation of the Authority, the Town Council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on the application, the Town Council shall act on the application. The Town Council shall consider but shall not be bound by the recommendation of the Vail Local Housing Authority. The Town Council may approve, either in accordance with the recom- mendation of the Vail Local Housing Authority or in modified form, or the Council may deny the application. 3. Criteria and Findings: a. Criteria: Before acting on an Employee Housing Deed Restriction Exchange application, the Vail Local Housing Authority and Vail Town Council shall consider the following criteria with respect to the application: 1. The proximity and accessibility of the proposed EHU(s) to the Commercial Job Core and public transportation; and 2. The size of the proposed EHU(s) in relation to the minimum employee housing unit sizes established for Com- mercial Linkage mitigation in Section 12-23-3, Vail Town Code; and 3. The effect of any homeowners association dues or maintenance fees imposed upon the proposed EHU(s) on the affordability of the proposed unit for an employee; and 4. The correlation between any homeowners association fees imposed upon the proposed EHU(s) and the services and amenities provided by the homeowners association. b. Necessary Findings: Before recommending and/or granting an approval of an Employee Housing Deed Restric- tion Exchange application, the Vail Local Housing Authority and the Vail Town Council shall make the following findings with respect to the application: 1. The application meets the general requirements of Section 12-13-51), Vail Town Code; and 2. The application 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 3. The application furthers the general and specific purposes of the zoning regulations, Section 12-1-2, Vail Town Code, and the employee housing regulations, Section 12-13-1, Vail Town Code; and 4. The application promotes the health, safety, morals, and general welfare of the town and promotes the coordi- nated 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. 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of December, 2008 and a public hearing for second reading of this Ordinance set for the 6th day of January, 2009, in the Council Chambers of the Vail Municipal Building, Vail, Colorado, Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6th day of January, 2009. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk t-70 Extt N 176 Published in the Vail Daily January 10, 2009. Spraddlo Cr"k 47111, C 22:�% 77 Al I���� • E P S i f — • a lRF THE VAIL DAILY 910.949.0555 3 vaildaily.com Saturday, January 10, 2009 C21 AGENDA LOCAL LICENSING AUTHORITY January 14, 2009 Meeting 10:00 A.M. 1.Consideration of the Authority of recent renewals a.Bucy Brothers Inc. dba Bagali's Italian Kitchen, a Hotel & Restaurant Liquor License Registered Manager: Scott Bucy Expiration Date: January 15, 2009 b.Willrain, LLC. dba Rimini, a Tavern Liquor Li- cense Registered Manager: Michael Schneider repre- sented by Michelle Huyke Expiration Date: January 7, 2009` License renewal received prior to expiration date c.J\Swiss Chalet, LLC dba Swiss Chalet Restau- rant, a Hotel & Restaurant Liquor License Registered Manager: Johannes Faessler Expiration Date: March 22, 2009 2.Consideration of the Authority of a Modification of Premises of Vail Food Services, Inc. dba Lodge at Vail, 174 East Gore Creek Drive, Vail, CO. a. Decrease and removal of South Tower, and ad- jacent lawn/sidewalk area, parking lot between South Town and North Wing, garage level of North Wing and north side of Level 1 of North Wing (re- tail shops) of the Lodge at Vail. Represented by Thomas Dunn, Attorney for Lodge at Vail 3.Consideration of the Authority of a Modification of Premises (increase and decrease) for Larkspur Restaurant & Bar, LLC dba Larkspur Restaurant, a Hotel and Restaurant Liquor License, located at 458 Vail Valley Drive, Vail, CO. a.lncrease (and subsequent decrease of) the pre- mises from Friday, January 30, 2009 at 5:00 P.M. through Saturday, January 31, 2009 at 2:00 A.M. for expansion in the Great Room for the Kirkland & Ellis Dinner special event. Represented by Alisa Steinberg 4.Consideration of the Authority of a Corporate Structure Change and a Manager Registration change for Happy Valley Grill LLC dba Happy Val- ley Grill at Dobson, 321 Lionshead Circle, Vail, CO. a.Change of corporate structure: Marc Des Rosi- ers replacing Peter Van Itallie b.Manager Registration Change: Barbara Des Rosters replacing Peter Van Itallie Represented by Marc Des Rosiers and Barbara Des Rosiers 5.Consideration of the Authority of a Corporate Structure Change for Happy Valley Grill LLC dba Happy Valley Grill at Vail Golf Club, 1778 Vail Val- ley Drive, Vail, CO. a.Change of corporate structure: Marc Des Rosi- ers replacing Peter Van Itallie Represented by Marc Des Rosiers 6.PUBLIC HEARING - Consideration of the Au- thority of a 100% Transfer of a Hotel & Restaurant Liquor License for Sushi Oka, LLC dba Sushi Oka, located at 1310 Westhaven Drive, Unit C-101, Vail, Colorado. a.Approval of a 100% transfer of a hotel & restau- rant liquor license from Blue Tiger, LLC dba Blue Tiger TO Sushi Oka, LLC dba Sushi Oka b.Approval of Manager Registration: Joyce Woo Represented by Joyce Woo 7.Any other matters before the authority. 8.Next regular Meeting of the Vail Local Licensing Authority will be Wednesday, February 11, 2009 at 10:00 a.m. TOWN OF VAIL Local Licensing Authority Lorelei Donaldson, Secretary to the Authority Published in the the Vail Daily January 10, 2009. (2832350) ORDINANCE NO. 1 SERIES OF 2009 AN EMERGENCY ORDINANCE AMENDING THE TOWN OF VAIL'S DEBT SERVICE FUND BUD- GET FOR 2008; MAKING SUPPLEMENTAL AP- PROPRIATIONS THERETO; AND DECLARING AN EMERGENCY. WHEREAS, the Town of Vail, in the County of Ea- gle and State of Colorado (the "Town"), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter'); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Council has previously passed and adopted Ordinance No. 20, Series of 2008 on September 16, 2008 and Ordinance No. 32, Series of 2008 on December 16, 2008, (the "Bond Ordi- nances"), authorizing the issuance of the Town's Sales Tax Revenue Refunding Bonds, Series 2008 (the "Bonds"); and WHEREAS, the financial details of the transaction became known when the Bonds were priced on December 18, 2008 and were finalized when the Bonds closed on December 30, 2008, which date is included in the Town's 2008 fiscal year; and WHEREAS, this transaction could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 29, Series of 2007, adopting the 2008 Budget and Fi- nancial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available from the Bond issuance to discharge the appropri- ations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, Section 4.11 of the Charter provides that an ordinance may be passed as an emergen- cy measure for the preservation of the public prop- erty, health, welfare, peace or safety, upon unani- mous vote of all members of the Council present or a vote of five members of the Council, whichever is less, and WHEREAS, in order to properly reflect the bond is- suance as a 2006 transaction and promptly pay costs of issuance, the Town Council finds that it should make certain supplemental appropriations and budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1.Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following supplemental appropriations and budget adjustments for the 2008 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure or (reduction) of said appropriations as follows: Debt Service Fund $ 6,503,221.00 2.Due to the immediate need by the Town to record the bond closing in the proper fiscal year and to promptly pay costs of issuing the bonds, an emergency exists which requires the immediate passage of this ordinance as an emergency measure, and it is hereby declared that the approval of this ordinance as an emergency measure is necessary for the preservation of the public property, health, welfare, peace or safety. 3.Pursuant to Section 4.11 of the Charter, this ordinance shall be finally passed on the date here- of and shall be effective on the date hereof. This ordinance. as adopted by the Council, shall be numbered and recorded by the Town clerk of the Town in the official records of the Town. The ordi- nance shall be authenticated by signatures of the Mayor and Town Clerk of the Town, and shall be published within ten days of the date hereof as required by the Charter. 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 5.The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and re- enacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 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 coristrued to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED AND FINALLY PASSED AS AN EMERGENCY MEASURE AND ORDERED PUBLISHED ONCE IN FULL this 6TH day of January, 2009. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Published in the Vail Daily January 10, 2009. (2829370) ORDINANCE NO. 30 SERIES 2008 AN ORDINANCE AMENDING TITLE 1, CHAP- TER 3, SECTION 2 OF THE VAIL TOWN CODE BY THE ADDITION OF THE DEFINITION OF THE WORD "PUBLICATION"; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Ea- gle and State of Colorado (the "Town"). is a home rule municipal corporation duly organized and ex- isting under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, Section 4.10 of the Charter requires publication of ordinances upon their introduction and adoption; and WHEREAS, the Charter does not define what is required by `publication;" and WHEREAS, the Council understands that more and more citizens are receiving information through the World Wide Web than through traditional newspapers; and WHEREAS, the provisions of this ordinance pro- vide for the greatest dissemination of information to the citizens of the Town regarding matters of pub- lic concern; and WHEREAS, the Council considers it in the interest of the public health, safety, and welfare to adopt this amendment to the Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1.Title 1, Chapter 3, Section 2 of the Vail. Town Code is hereby amended by the addition of the definition of the word "publication" which shall read as follows: Publication, publish or For the purposes of the Town Charter and this Code, except Published: where publication in a newspaper is specifically re- quired by the Charter, an ordinance or state stat- ute, the term "publication", "publish" or "published" shall mean posting on the Town of Vail web site. If, for any reason, publication on the Town's web site cannot be accomplished "publication', "publish" or 'published" shall mean a minimum one (1) of the following two (2) methods: (1) physical posting at the Town of Vail Municipal Building; or (2) publea- tion in a newspaper of general circulation in the - Town of Vail. Section2.lf 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 heret, declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3.The 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 4.AII bylaws, orders, resolutions and ordi- nances, 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. Section 5.The Council hereby finds, determines and declares that this Ordinance is neussary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd dayc' ,, December, 2008 and a public hearing for second reading of this Ordinance set for the 16th day of December, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard Cleveland, Town Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6th day of Jan- uary, 2009. Richard Cleveland, Town Mayor Attest: Lorelei Donaldson, Town Clerk Published in the Vail Daily January 10. 2009. (2829264) Reviationsabay aretay ethay estbay ayway otay akemay adsay ardhay otay derstandunay, herotay hantay'igpay atinlay. Translation: "Abbreviations are the best way to make ads hard to understand, other than Pig Latin." Lesson Learned: If you DON'T really want to sell your item, just use as many abbreviations as possible to make the ad hard to understand. People won't know if they should be interested enough to call. Saving a couple of lines on an ad could cost a lot more than a few dollars. Make it an ad that you would read. Give details. 866-850-9937 9 www.coloradomountainnewsmedia.com PROOF OF PUBLICATION STATE OF COLORADO } } SS. COUNTY OF EAGLE I I, Don Rogers, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 1/3/2009 and that the last publication of said notice was in the issue of said newspaper dated 1/3/2009. In witness whereof has here unto s t my hand this 22nd day of January, 2009. Publisher/General Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 22nd day o uary, 2009. Pamela Joan Schultz�C,S, Notary Public QQ- NOTq/9y r -.t My Commission expires: November 1, 2011 p, N o �' '-uBLIC Q �t COL �o FUELIC IP'TI-E ORDINANCE N0.22 Serie of 2006 AN ORDINANCE REPEALING AND RE -E NAC TING: ORDIINAfNC E NO. 6. SERIES OF 2005. Ari Ifir. THE APPROVED DEV ELOPr.IE NT PLAN FOR PHASE III OF SDD NO 6 PURSUANT TO ARTI- CLE 12-9A-10 AME NDLIENT PROCEDURES. VAIL TOWN CODE. TO ALLOW FOR THE CONVER- SION OF AN EXISTING OFFICE AND RETAIL SPACE TO RESIDENTIAL FOR AN ADDITION TO AN EXISTING DWELLING UNIT. LOCATED AT 68 MEADOW DRIVE,'LOT O. BLOCK SD. VAIL VILLAGE FILING t. AND SETTING FORTH DETAILS IN REGARD THERETO. HEFE :r<In t t .'pt IC :I:pn 1,C von-, 1: rm-:Il _ante I:o n -ter: :-1 I ­—f',— .:1- III - T HERE 1 F'I m I En I 11 ,I II T f':': I I d puI I I: :I I ftl�=T I it If 1-IAlf II:II: Ir- t1:T -�.�II III T f IMERE tltl tall II 'I '? tlI I:l tll t 1,l, -n I r,l IT Jtl-d 1,l ril t 1 I=m I t 1,l -=1 - It- I: :f tl 1 IMERE L 1,l b, U 1 11 r 1 d- 1 I III: I itl , I rin a th- .r' 1,l T I,EFE .It n-- I1-:11 tl .',dT 1-1cI -I,rt d IIr;II t I I HEFIE rl :all T ,ell ; n t .tI -fth IIt l 1,l 1 p: h, 1, t I-aalC I p -nC t tfL. Il -. THEFEF .:FE EE IT 1-1 IIIEC E, THE T.:.rl . ,91.IL 'JF THE T': -'ell .,F L F=.C'::. TH=T A11,111111 - Ilacoot-i 11 I,okl italic orn:l :1-1- n -II D.L-I, l:. ith nrd -,l, i., Ili Se .= 1. P se of tlx O di e TI e purIx,se of Ord,r No. 22. Serres of 2008. is to arrxnd the Developoxnt Plan for PI.- III of SDD No, 6, to allow for the umver, 1 1237 ,quare feet of convexrcial space to I ­ Ii LSI for nn acklilian to .ro,<xk•nrxl dwella,9 unit. Sect- 2. E t bl I Pi d sFilfl 1 PIS r C Re 1 TI 1 :b.I I I - t I:-=�1 I I- td i IT , I I : ;f Nl[-J I 1,l IT-: :II ItLr -.I;t I II = It tI-FI Br :not nl tl ,.I.I I, It 1 IG- 111—lit G t tI1 '.'-I dl : ,'' F r,l v _fa T 1- Seca 3. R I Dev br x I D-- c1, Ik 6 E 1 it G, It i ttl I =h- II ni-t I -ItP tl t ill n: ''Ili tl,r III-,- T 1, 11.,1'1 1 -t -:I I 1,:n t. II 1-11 :I.J-- r.a :I tl. T _I t'ol f I:r Fh,, >1 IC -1:1 1,C nia fl od' II -Ie;. F 1 i I rq-1- i r: II- T : f 1' I 1,l '.;d T rh- FI I.lE --ii r I.-er 1-1 h- II r_ f ra 1 zI :I tl I _,IC I -mC t tt1- t<, 1,l c;�e f III u:d,tl I* Al: III 1Fidh- , -zlat ::Icoi.t r..l- .,enc S<cuon 4 Deve bument Smncl rds S I D< k t 1, 6 V� I VIIx I ITh<anxnckd Devebprrxnt P4 n for Slrocml Devek.,pnxnl Drsurct No. 6. Vail Vi1L qe Inn. Ph;><.e III shill c1 ­le the fnlbwind pG .and nvaterials prel>,,r<d by Blue L ­Arch it<c ls. d ted Seple,,fl r 24. 2008: A 1,.3. Pat ki i r.1ap b. A2,1.Lev<I95.0Exrtaj c A22.1-e-1950Po1r:, 1 d. A2.3. Level 1,050 Exk.,fin51 A2.4. Level 105.0 Propcmed f- A2.5. Level 1144 E—1—i 9 A3.1 Exterior ele-tiorxi It, A32 Exterior elevatk,ne. A5.1V ly Map TI cI>.lC p I-,tFl f :.p- L _I:Ir 1,C ar 11 II7111 hin.Fhi ,.:hill Il=fall -1:1` , II 1 .t .il 1 11 F I.'I FI- J I:tn t I III:. -IL tli- T n I.,,II:Iot+ll, r.:hI- �> L I �-FI Fhn I. ._.a L. -1T.. :FI. Fhr, L- -1 Th, FI::I FI: n, rthi.:urt.El=;acne C-n:ir-Fb.rrcJ -r f 14fn; F_, TI :f II n t 1 t rel 1 -d C'- pl,rnt Cit �t If: d Jb],- 6x -b_JI n:l r 111 1 II I F' , C F I IFI TI r cel Ulfl FF .•n 1 IGr II rC,t tIt dol IC;µ ton. Fho:-11L -I I -t I L 1,.l 1 Ica, rl;. ;PMI t •._-d GRFA- 18 756' qo, r<Feet ieCl5 C 1, I ti x of Ar 11 I TI I II I II 1 II I_I. III •F. -.t it1:7 -%t IC.:I:I tCais 11 I,'IL -I 1 TI X11 IKant ..lv�ll pr<vrc le recon«Icleed rec trretron.tora 0137 .quaret et.i fo nn ac ceptabl< to Ux Zonuxi Adnunr lr ator aril 1,0 tlx Town Attonxy prior to tlx L • u�nc<of a bulkfii Pennt. - 2. The appbc my slwll install an acceu 1111114 —1111 ck live,Y Idt Icr;ated near O-ki s, prior to tlx r-„suonce of a temlwrmy cert. a to of --p.or certificate of 0ccuta acs'. The appllconl 0,11 . I) "it a ckve k, pnxnt VLv, Ihat r<tkct, tlx b-1,—,. installmion cpecifiealbrx arcs ck,cunxrnmbn for 11, e'mint'rvvxe" r<P�ir of said octtssibility—Ickli—Y lift. for re view m 1approval by If. To Ali. ey '='I'= "i Ad - Irnic , - to 0,e rx<of 1 kfnxy lx t - k t >,6 It I,,,, •;I I.. nI t -1 1:1 nr.. ill - ran- 1 r -.I , I-�i: II n: t +t( III c�ba t I t 1,h T -I In.A''I _ SectSectloll 7 Th .I r,r I ,�r:.i III - T: I o.:l 1-:1 1 t „ I i ISI -r l "t- anr I- J. TI ball f_ 1 r: Lr II t 1. - -,-:d-1 r:d-1l1 -� Se,1 6 1.111:1;I. :rd- _Lal: n-- I..r91n.:n - -In 1 -.I-:1. u, i if t. t -rd; f L. .t -n:; Th -I t,,, ;I II .I 1.- -_ 1,,,_I t: I_ - C,L .:1-1. r --_I t. �.I :r:l - 4 Ill -ru:f. tl,•I t f - r-l-_-�I=:1 - I... _ IIITF 61I::ED FE%E Ci -1 FIR :TF.E=Citi, cFFFC:': EC %IIC:FEEFEL ".'ELI'HEC HP -E INPILL H FIF>T FE 1EIII., Ih r. _, r C.-, :I :�rl I - 1 p�.I t: 1, I-: .:I 1:� ) I I -o filo-, :.I I -.•t t rh--- " I : h: u'. I I :I 1,h• ^' I I 1 I,I; If�r�l E Icli r.;I. F. kora'::I -lona. r.l":r rIt c[ L:L_I_I C_.:d i.> i T':.u1:1-4 FEE=tJC%FFF i EE ':11.E: CYIC: F,E=CIN _,-.ric FCEREC Fi IELI:.HEC: Ila -1 -. it) :I:., IG-:.-nr I:r II-:I Lcr-1-I C'..Io11, :1 T .n r: 1a I. F'u l,l :hr -a a, tl,- .... , .I; .I;il.u. .. _.... _..._. PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 19, Series of 2009, on the Town of Vail's web site, www.vail.gov.com, on the 16th day of September, 2009. Witness my hand and seal this day of 2009. WAI •• ••.. (seal) % • • • C • G••••••••••••• ADO ORDINANCE NO. 18 SERIES OF 2009 AN ORDINANCE REPEALING AND REENACTING CHAPTER 10-1, BUILDING CODES, VAIL TOWN CODE; ADOPTING BY REFERENCE THE 2009 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, INTERNATIONAL PERFORMANCE CODE; 2008 EDITION OF THE NATIONAL ELECTRICAL CODE; 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS: AND WITH REGARD TO THE ABOVE- DESCRIBED CODES, ADOPTING CERTAIN APPENDICES AND AMENDMENTS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, publication of the 2003 International Building Code, as currently adopted by the Town of Vail, has been through two code changes, requiring new buildings to meet out of date standards that limit their compatibility to technological advancements; and WHEREAS, the 2009 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; the International Performance Code; the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings; and the 2008 Edition of the National Electric Code have been published; and WHEREAS, the Building and Fire Code Appeals Board of the Town of Vail has recommended adoption of the Building Codes, as set 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 International Plumbing Code and National Electrical Code are required by the State of Colorado; and WHEREAS, the International Energy Conservation Code has been recommended as a minimum standard for the energy conservation of buildings by the State of Colorado and the United States of America; and Ordinance No. 18, Series of 2009 1 WHEREAS, by adopting the 2009 Editions of the International Building Codes, the Town of Vail will establish the most current standards for the removal of barriers for persons with disabilities; and WHEREAS, the Vail Town Council finds that the amendments promote the health, safety, 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. Chapter 10-1, Building Codes, Vail Town Code, is hereby repealed and reenacted to read as follows: 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; the Town of Vail wishes to adopt the 2009 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, the International Performance Code, the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings, and the 2008 Edition of the National Electric Code. 10-1-2: CODES ADOPTED BY REFERENCE: A. Building Code: The 2009 Edition of the International Building Code, including Appendix Chapters B, C, E, G, J, K and the 2009 Edition International Residential Code, including Appendix Chapters F and G, are hereby adopted by reference. The 2009 Edition of the International Building Code and the 2009 Edition of the International Residential Code are published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, If 60478-5795. B. Fire Code: The 2009 Edition of the International Fire Code, including Appendix Chapters B, C, D, E, G, H, I and J as amended, is hereby adopted by reference. The 2009 Edition of the International Fire Code is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, 11 60478-5795. C. Mechanical Code: The 2009 Edition of the International Mechanical Code, including Appendix A, is hereby adopted by reference. The 2009 Edition of the International Mechanical Code is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, 11 60478-5795. D. Plumbing Code: The 2009 Edition of the International Plumbing Code is hereby adopted by reference. The 2009 Edition of the International Plumbing Code is published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, 11 60478-5795. Ordinance No. 18, Series of 2009 2 E. International Fuel Gas Code: The 2009 Edition of the International Fuel Gas Code is hereby adopted by reference. The 2009 Edition of the International Fuel Gas Code is published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, 11 60478-5795. F. Energy Code: The 2009 Edition of the International Energy Conservation Code is hereby adopted by reference. The 2009 Edition of the International Energy Conservation Code is published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, II 60478-5705. G. Electrical Code: The 2008 Edition of the National Electrical Code is hereby adopted by reference. The 2008 Edition of the National Electrical Code is published by the National Fire Protection Association Inc., One Batterymarch Park, Quincy, MA 02269. H. Performance Code: The 2009 Edition of the International Performance Code is hereby adopted by reference. The 2009 Edition of the International Performance Code is published by International Code Council, 4051 West Flossmoor Road, Country Club Hills, II 60478- 5795. I. Abatement Code: The 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings is hereby adopted by reference. The 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, 11 60478-5795. 10-1-3: AMENDMENTS TO INTERNATIONAL BUILDING CODE: The following amendments are hereby made to the 2009 Edition of the International Building Code: SECTION 101.1 — TITLE: This section is hereby amended as follows: These regulations shall be known as the Building Code of the Town of Vail, hereinafter referred to as "this Code". SECTION 101.4 — REFERENCED CODES: This section 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: This section shall be deleted in its entirety. SECTION 105.2 — WORK EXEMPT FROM PERMIT: This section is hereby amended as follows: Item 2: Fences not over 6 feet tall. Note: Fences required per IBC section 3109 are not exempt from a permit. SECTION 1203.2.1 - UNVENTED ATTIC ASSEMBLIES: This section is hereby amended to add the following language: Unvented attic assemblies, (spaces between the ceiling joist of the top story and the rafters), shall be permitted if all of the following conditions are met. 1. The unvented attic spaces are completely contained within the building thermal envelope. 2. No interior vapor retarders are installed on the ceiling side (attic floor) of the unvented attic assembly. 3. Any air -impermeable insulation shall be a vapor retarder, or shall have a vapor retarder coating or covering in direct contact with the underside of the insulation. 4. At least one of the following three options shall be met, depending on the air permeability of Ordinance No. 18, Series of 2009 the insulation directly under the structural sheathing: 4.1 Air -impermeable insulation only. Insulation shall be applied in direct contact with the underside of the structural roof sheathing; or 4.2 Air -permeable insulation only. In addition to the air -permeable installed directly below the structural sheathing, rigid board or sheet insulation shall be installed directly above the structural roof sheathing as specified in the International Residential Code Table R806.4 for condensation control; or 4.3 Air impermeable and air -permeable insulation. The air impermeable insulation shall be applied in direct contact with the underside of the structural roof sheathing as specified International Residential Code Table 8006.4 for condensation control. The air -permeable insulation shall be installed directly under the air -impermeable insulation. SECTION 1503.7 — SNOWGUARDS / RETENTION: This section is hereby amended to add the following language: The design of snow retention devices / snow guards shall be designed by a licensed structural engineer or as determined by the Building Official. SECTION 1505.6 — FIRE RETARDANT TREATED WOOD SHINGLES AND SHAKES: This section shall be deleted in its entirety and shall be replaced with the following language: All roof coverings and roof assemblies shall comply with Ordinance No. 3, Series of 2007, which requires Class A roof coverings or Class A roof assemblies for all structures within the Town of Vail. Wood shingles and shake coverings or assemblies are prohibited. SECTION 1507.8 — WOOD SHINGLES: This section shall be deleted in its entirety. SECTION 1507.9 — WOOD SHAKES: This section shall be deleted in its entirety. SECTION 1510.4 — ROOF COVERING: This section is hereby amended as follows: Existing wood shingles or wood shakes shall be removed prior to installation of a new roof covering. SECTION 1510.7 - SNOW RETENTION. This section is hereby amended to add the following language: Roofs shall be designed to prevent accumulation of snow from shedding onto exterior balconies, decks, pedestrian and vehicular exits from buildings, stairways, sidewalks, streets, alleys, areas directly above or in front of gas and electrical utility meters, or adjacent properties. The design of snow retention devices shall be provided by a licensed structural engineer or as determined by the Building Official. Exception: Roof areas with a horizontal dimension of no more than 48 inches that will not receive snow shedding from a higher roof are exempt from the requirement of design by a licensed structural engineer. The horizontal projection shall be measured perpendicular to the exterior wall line from the edge of the roof or eave to any intersecting vertical surface. SECTION 1603.2 - BOULDER WALLS: This section is hereby amended to add the following language: Boulder walls (rock walls) four feet and taller shall be designed by an engineer licensed to practice in the State of Colorado. SECTION 1604.1.1 - HAZARD AREA REQUIREMENTS: This section is hereby amended to add the following language: All new structures and additions to existing structures located in mapped debris flow, rock fall, avalanche and flood hazards shall be designed in compliance with Hazard Regulations within Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town Code. Ordinance No. 18, Series of 2009 a SECTION 1607.7.1 - HANDRAILS AND GUARDS: This section is hereby amended to add the following language: Maximum guardrail deflection shall be L / 180 between supports. SECTION 1608.2 - GROUND SNOW LOADS: This section shall be deleted in its entirety and shall be replaced with the following language: Designs for roof snow loads shall be as follows: Roof pitches of less than 4:12 shall be designed to carry a 100 pound per square foot snow load and roof pitches of 4:12 and greater shall be designed to carry an 80 pound per square foot snow load. There is no allowance for pitch reduction nor is there a requirement to increase loading due to wind, valleys, snow drifting or type of roof covering. Any modification for snow load design shall be accomplished using section 1604.1. SECTION 1608.2.1 - ALTERNATIVE ROOFS: This section is hereby amended to add the following language: Alternative roofs shall be designed to carry a roof snow load resulting from a ground snow load of 143 pounds per square foot. All provisions of section 1608 shall apply to the analysis of the roof structure except for reductions for unobstructed slippery surfaces. The Engineer of Record is responsible for determining increased localized snow loading due to architectural building features. SECTION 1803.2.1 - SOILS REPORT: This section is hereby amended to add the following language: Site specific soils and foundation investigation reports shall be prepared by a Registered Soils Engineer for the completion of construction documents. Assumption and "open hole" investigations are allowed for additions to an existing building of less than 2,000 square feet of floor area. SECTION 2301.2 - GENERAL DESIGN REQUIREMENTS: This section is hereby amended to add the following language: Item # 5: Stress increases shall not be permitted for snow load duration. TABLE 2902.1 - MINIMUM NUMBER OF REQUIRED PLUMBING FIXTURES: This Table is hereby amended as follows: 1. Footnote f is amended as follows: Drinking fountains are not required for an occupant load of 100 or less, or in A-2, B, or M occupancies, regardless of occupant load. 2. Footnote g is hereby added to read: Service Sinks are recommended, but not required in B or M occupancies with an occupant load of 50 or less if a lavatory is provided. SECTION 2902.2 - SEPARATE FACILITIES: Exception 2 and 3 of this section are amended as follows: Exception 2: Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 30 or less. Exception 3: Separate facilities shall not be required in mercantile occupancies in which the maximum occupant load is 100 or less. 10-1-4: AMENDMENTS TO INTERNATIONAL RESIDENTIAL CODE: The following amendments are hereby made to the 2009 Edition of the International Residential Code: SECTION R102 — APPLICABILITY: This section is hereby amended to add the following Ordinance No. 18, Series of 2009 language: Reference to other codes such as Plumbing, Mechanical and Electrical shall refer only to the currently adopted code of that type. SECTION R105.2 - WORK EXEMPT FROM PERMIT: This section is hereby amended as follows: Item 10 is deleted in its entirety and replaced with the following text: 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. SECTION R301.2.4 - FLOODPLAIN CONSTRUCTION: This section shall be deleted in its entirety and shall be replaced with the following language: Buildings and structures constructed in flood hazard areas are subject to Section 12-21-1 of the Vail Town Code. SECTION R303.8 — REQUIRED HEATING: This section is hereby amended to add the following language: The minimum winter design temperature is -20 degrees F. Heat loss calculations shall be required for all dwelling units. SECTION R313.2 - ONE AND TWO FAMILY DWELLINGS AUTOMATIC FIRE SYSTEMS: This section shall be deleted in its entirety and shall be replaced with the following language: An automatic residential fire sprinkler system shall be required as determined by the 2009 Edition of the Vail Fire and Emergency Services Criteria for Requirements to Install Fire Sprinkler Systems. SECTION R313.2.1 - DESIGN AND INSTALLATION: This section shall be deleted in its entirety and shall be replaced with the following language: Automatic residential fire sprinkler systems shall be designed and installed in accordance to the International Fire Code Section 903. SECTION R905.7 — WOOD SHINGLES: This section shall be deleted in its entirety. SECTION R905.8 — WOOD SHAKES: This section shall be deleted in its entirety. SECTION R907.3 — RECOVERING VERSUS REPLACEMENT: This section is hereby amended as follows: Exception # 2 shall be deleted in its entirety. SECTION R907.4 — ROOF RECOVERING: This section shall be deleted in its entirety. SECTIONS R1004.3 and R1005.2 - DECORATIVE SHROUDS: These sections are hereby amended to add the following language: Exception: Decorative shrouds that are not listed and labeled for use with the specific factory built fireplace shall be permitted when the decorative shroud complies with the requirements of Section R1003.9.1. CHAPTER 4 thru CHAPTER 8: These Chapters shall be deleted in their entirety and replaced with the following language: All structural elements and design shall conform to the 2009 Edition of the International Building Code as amended by the Town of Vail. CHAPTER 11 thru CHAPTER 42: These Chapters shall be deleted in their entirety and replaced with the following language: Reference other codes adopted by reference respectively. 10-1-5: AMENDMENTS TO THE INTERNATIONAL FIRE CODE: The following amendments are hereby made to the 2009 Edition of the International Fire Code: Ordinance No. 18, Series of 2009 SECTION 101.1 — TITLE: This section is hereby amended as follows: These regulations shall be known as the Fire Code of the Town of Vail, hereinafter referred to as this Code. SECTION 102.7 - REFERENCED CODES AND STANDARDS: This section shall be deleted in its entirety and shall be replaced with the following language: The codes and standards referenced in this Code shall be those listed in Chapter 45 with the addition of National Fire Protection Association Standards (NFPA) 90A-06, 90B — 06, 96-98, 326-05, and 551-07 and Vail Fire and Emergency Services Standards as approved by the Vail Fire Chief and as published on the Town of Vail web site at www.vailgov.com. Such codes and standards shall be considered part of the requirements of this Code to the prescribed extent of each such reference. Where codes and standards are adopted by other governmental jurisdictions and where differences occur between provisions of this Code and the adopted standards, the more stringent of the two shall apply. Town of Vail Fire Sprinkler Standards, Fire Alarm Standards, Commissioning Standards, and related standards shall be published at www.vailgov.com and available for review. SECTION 103.1.1 - ASSIGNED DEPUTIES: This section is hereby amended as follows: Where this Code makes reference to Fire Code Official, such rights and powers and associated liability coverage, legal defense and protection from removal of office except for due cause, shall also be assigned to any such deputies performing within the scope of this position. SECTION 104.10.2 - AUTHORITY AS PEACE OFFICER: This section is hereby amended as follows: The fire code official and appointed deputies, while performing under this Code, shall have the authority of a peace officer as defined by the Colorado Revised Statutes. The powers of authority of such persons shall be subject to the joint approval of the Vail Fire Chief and Vail Police Chief respectively. SECTION 105.3.9 - TRANSFER OF PERMIT: This section is hereby amended to add the following language: In the event of a change of contractor, engineer or registered design professional of record to another contractor, engineer or registered design professional, plans and documents shall be resubmitted unless an appropriate letter of release from the original contractor, engineer, or registered design professional is furnished to the Town of Vail accordingly. SECTION 105.3.10 - PERMIT FEES / PLAN CHECK FEES: This section is hereby amended to add the following language: Permit Fees and/or Plan Check Fees for permits required under this Code are non-refundable. Permit fees shall be assessed according to the Fee Schedule as currently adopted by the Town of Vail. Permit fees are based on one rough -in inspection for each space in the building and one final inspection for each space in a building. Permit fees shall be paid prior to the issuance of the permit. Permit fees are non-refundable once the permit has been issued. Minimum Plan Check fees shall be paid at the time of application. Plan check fees will be assessed according to the Fee Schedule as currently adopted by the Town of Vail. Additional plan check fees may be assessed if the plan review requires more than two hours for review. Additional plan check fees shall be assessed according to the Fee Schedule as currently adopted by the Town of Vail for review of re -submittals. Any additional plan check fees shall be paid prior to issuance of the permit. Ordinance No. 18, Series of 2009 Re -inspections shall be assessed additional inspection fees according to the Fee Schedule as currently adopted by the Town of Vail. Re -inspection fees (if applicable) shall be paid prior to requesting a Final Inspection. SECTION 105.4.2 - INFORMATION ON CONSTRUCTION DOCUMENTS: This section is hereby amended to add the following language: Information contained in such documents and plans shall be deemed intellectual property of the applicant and those whose signatures and seals appear therein. SECTION 202 - DEFINITIONS: This section is hereby amended to add the following language: Tampering: Any alteration, damage, misuse or deactivation and/or any similar action that renders inoperable any fire protection, fire detection or life safety system without approval of the Vail Fire Department. [See Section 901.8 of the 2009 Edition of the International Fire Code.] SECTION 303.2 - LOCATION: This section is hereby amended to add the following language: Asphalt tar kettles shall not be utilized inside or on the roof of a building or structure or on any balcony, overhang, or location that is not accessible by Vail Fire Department apparatus. SECTION 303.2.1 - WATER -PROOFING: This section is hereby added to this Code as follows: Application of water proofing materials that require open flame (torch down), possess highly toxic properties, or present a risk to life or property shall be subject to the requirements of this section, including permits. SECTION 308.1.4 - OPEN -FLAME COOKING DEVICES: This section is hereby amended to add the following language: Exception 4. Listed or AIG certified Natural Gas appliances. SECTION 312.4 - ELECTRIC METERS, GAS METERS AND PIPING: This section is hereby amended to add the following language: Above ground electric meters, 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. Location of electric meters and gas meters in new installations shall be approved by the local utility company prior to installation. SECTION 503.1 - WHERE REQUIRED: This section is hereby amended to add the following language: Refer to Title 14, Development Standards, Vail Town Code, for additional requirements. SECTION 503.7 - ELECTRICALLY POWERED GATES: This section is hereby added to this Code as follows: Electrically powered gates shall include a Vail Fire Department approved emergency access key switch. The key access shall be in a location acceptable to the Vail Fire Department. Electrically powered gates opened using the fire department key switch shall remain open for not less that one minute. SECTION 503.8 - ELECTRICALLY POWERED GATES, FAIL SAFE HINGE: This section is hereby added to this Code as follows: Electrically powered gates shall be equipped with a fail safe hinge pin that will disable the operating arm. The safety hinge pin shall be accessible without use of special key or tool. SECTION 507.5.7 - MOUNTAIN HYDRANTS: This section is hereby added to this Code as follows: New fire hydrants and fire hydrants replaced or relocated in locations other than in a heated sidewalk or in immediate proximity thereto, such that snow accumulation is likely, shall Ordinance No. 18, Series of 2009 R be Mountain Fire Hydrants. Mountain Fire Hydrants shall be placed such that the center point of the discharge outlet is no less than 36 inches above finish grade. Mountain Fire Hydrants shall comply with all Eagle River Water and Sanitation District requirements. Please reference the 2009 Edition of the Vail Fire and Emergency Services Standards for Fire Hydrants as published at www.vailgov.com. SECTION 507.5.5 - OBSTRUCTION: This section shall be deleted in its entirety and replaced with the following language: A clear and unobstructed space shall be perpetually 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 the Eagle River Water and Sanitation District may be referenced and enforced, providing the most restrictive requirements shall apply. SECTION 508.1.6 - USE: This section is hereby added to this Code as follows: The Fire Command Center shall not be utilized by anyone but Vail Fire and Emergency Services unless permission is specifically granted by the Fire Code Official. SECTION 510.1 - EMERGENCY RESPONDER RADIO COVERAGE IN BUILDINGS: This section is hereby amended as follows: See Chapter 10-3, Vail Town Code, for additional requirements. SECTION 603.4 - PORTABLE NON -VENTED HEATERS: This section shall be deleted in its entirety and replaced with the following language: Portable non -vented fuel -fired heating equipment shall be prohibited on the interior of any structure, tent or other space used for occupancy or storage. Exception: Portable non -vented heaters on construction job sites shall be regulated under Chapter 14 of this Code. SECTION 603.4.2.1.1 - PROHIBITED LOCATIONS: This section is hereby amended to add the following language: 1. Inside of any occupancy when connected to the fuel gas container as an integral component. For example, a "Torpedo" burner with an electric fan and diesel / kerosene tank, burners attached to 20 pound propane tanks, or similar appliances. 4. Portable heaters on construction job sites as regulated in Chapter 14 of this Code. SECTION 603.7 - DISCONTINUING OPERATION OF UNSAFE HEATING APPLIANCES: This section shall be deleted in its entirety and replaced with the following language: The Fire Code Official is authorized to order that measures be taken to prevent the operation of any existing stove, oven, furnace, incinerator, boiler, fireplace or any other heat -producing device or appliance or process found to be defective, hazardous to life or property, or that is being used in violation of this Code. Notice shall be given to the owner, operator, firm, agent or other responsible person. Such notice may be given verbally and shall be binding until a written notice is issued. The Fire Code Official is authorized to take measures to prevent the operation or use of any device, appliance, or equipment without prior notice if such use presents a clear and present danger to life and/or property. Defective devices, appliances or equipment shall remain withdrawn from service until all necessary repairs, alterations, permits or other remedy has been completed and approved by the Fire Code Official. SECTION 603.8.2 - SPARK ARRESTORS: This section shall be deleted in its entirety and replaced with the following language: Incinerators, outdoor solid fuel burning fire pits and Ordinance No. 18, Series of 2009 it fireplaces shall be equipped with an effective means for arresting sparks. Spark arrestors shall not have openings larger than % inch. SECTION 607.5 - OVERVIEW: This section is hereby added to this Code as follows: New and existing elevators shall comply with the elevator regulations as adopted by the State of Colorado. SECTION 609 SECTION 609.1 - GENERAL: This section is hereby amended to add the following language: Compliance with NFPA Standard 96 is required. SECTION 610 - SKI SHOP REQUIREMENTS: This section is hereby added to this Code as follows: SECTION 610.1 - GENERAL: This section shall apply to all commercial operations involving 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 with similar features. SECTION 610.2 - EQUIPMENT: 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 recommendations. SECTION 610.3 - USAGE: 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 - ELECTRICAL: All electrical appliances, fixtures and equipment shall be listed by an approved agency and shall be maintained in a safe and operable manner. Non -grounded extension cords and multi -plug receptacles are strictly prohibited. SECTION 610.5 - FLAMMABLE AND COMBUSTIBLE LIQUIDS: No more than one U.S. gallon (3.781) of flammable or combustible liquid shall be permitted on the premises at any time. All flammable liquids stored on the premises shall be stored in an approved container 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 610.6 - OPEN FLAME: 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 610.7 - VENTILATION: 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 1.5 cfm/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 approximately equal to the amount of exhaust air. Said system shall be designed and installed in accordance to the International Mechanical Code. Location of fans, hoods and ducts shall meet the approval of the Vail Fire Department. SECTION 610.8 - INTERIOR FINISH: 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 Ordinance No. 18, Series of 2009 10 tested in accordance to ASTM E 84. All work tables where the use of open flame or heat producing devices is permitted, shall be of non-combustible construction on the surface and all exposed surfaces adjacent to such production processes. SECTION 610.9 - TEMPORARY SKI REPAIR FACILITIES: Temporary ski repair facilities may be 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 610.1. 2. Ventilation requirements for the immediate ski repair area may be 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 meet the International Building Code requirements for building usage. 3. Flammable liquid usage shall be limited to rooms equipped with 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 allowed to cause false alarms. It shall be the responsibility of both the building owner/manager and the operator of the ski repair operation to take appropriate measures to avoid false alarms (activation of fire detection system under non -emergency circumstances). 6. A fire extinguisher with a minimum rating of 3A40bc 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 allowed within the residential portions, accommodation units, dwelling units, condominiums or sleeping rooms of buildings, or hazardous rooms (i.e. - boiler rooms, HVAC, electrical rooms, rooms beneath stairs, non fire -rated attics, storage rooms and similar spaces). 8. All installations and features thereof are subject to the approval of the Fire Code Official and the Chief Building Official. SECTION 901.4.2 - NON REQUIRED FIRE PROTECTION SYSTEMS: This section shall be deleted in its entirety. SECTION 901.4.3 - ADDITIONAL FIRE PROTECTION SYSTEMS: This section is hereby amended to add the following language: Such safeguards may also include a requirement to provide a Fire Command Center meeting the requirements as per Section 508. Elements to be included in the Fire Command Center may be modified as to size and function with the approval of the Fire Code Official. SECTION 901.4.5 - QUALIFICATIONS: This section is hereby added to this Code as follows: Service and installation personnel shall be registered with the Colorado Division of Fire Safety as a Fire Suppression System contractor and qualified and experienced in the installation, inspection, testing, and maintenance of fire sprinkler systems. Qualified personnel shall meet the requirements for either Items 1, 2 or 7 and a minimum of one additional element. 1. National Institute for Certification in Engineering Technologies. Level II minimum is required for field supervisors. 2. Journeyman certification program through an organized labor union. 3. A minimum of 8 hours of continuing education annually. 4. Certified by examination by a pre -approved state or local authority. Ordinance No. 18, Series of 2009 11 5. Trained and qualified personnel employed by an organization listed by a national testing laboratory for the servicing of fire sprinkler systems. 6. Factory trained and certified with proof of such training within the last three years. 7. Completion of apprentice program through an accredited educational program. SECTION 901.4.6 - CONTRACTOR REGISTRATION: This section is hereby added to this Code as follows: Pursuant to Town of Vail Municipal Code Section 4-7-2, persons engaged in installation, servicing, repair and maintenance of fire protection systems and components shall be registered as Contractors and subject to the requirements set forth therein. SECTION 901.6.1 - STANDARDS: This section shall be deleted in its entirety and replaced with the following language: Fire protection systems shall be installed, inspected, tested and maintained in accordance with the referenced standards listed in Table 901.6.1 and in accordance with the 2009 Edition of the Vail Fire and Emergency Services Fire Sprinkler Installation Standards. Standards may be altered, changed, or updated from time to time with the approval of the Vail Fire Chief. Such standards shall be published at www.vailgov.com and available for review. SECTION 901.7.4 - PREPLANNED IMPAIRMENT PROGRAMS: The first paragraph of this section is hereby amended as follows: Preplanned impairments shall be authorized by Vail Fire and Emergency Services. An Impairment Permit is required prior to authorization. Before authorization is given, a designated individual shall be responsible for verifying that all of the following procedures have been implemented: SECTION 901.10 - LIFE SAFETY REPORTS: This section is hereby added to this Code as CW follows: A Life Safety Report shall be submitted for review for all new buildings fifty-five (55) feet or more in height, for inaccessible buildings, or where the building is employing a performance based design. Elements of the Life Safety Report shall include but are not limited to: exiting, travel distances, smoke control, smoke management, fire alarm and detection, fire sprinkler systems, standpipe systems, fire pumps, and other elements directly related to fire and life safety. The Life Safety Report format and content shall meet the approval of the Fire Code Official. SECTION 902 - DEFINITIONS: This section is hereby amended to add the following language: False Alarms: See Town of Vail Municipal Code Title 4 Chapter 9. Inaccessible Buildings: Where fire department access does not extend to at least 50% of the exterior perimeter, or does not provide aerial apparatus access within 20 feet of the exterior perimeter of the highest occupied floor, or where the most remote point of the exterior perimeter is greater than one hundred and fifty (150) feet of any fire staging area as defined in the Town of Vail Municipal Code Title 14. SECTION 903.2 - WHERE REQUIRED: Exception: This section is hereby amended to add the following language: and an alternative fire suppression system is installed per Section 903.1.1. SECTION 903.2.10 - GROUP S-2 ENCLOSED PARKING GARAGES: The following shall be deleted from this section: Exception: Enclosed parking garages located beneath Group R-3 occupancies. SECTION 903.2.11.1 - STORIES WITHOUT OPENINGS: This section is hereby amended to add the following language: 3. Openings referred to in items 1 and 2 above shall have approved fire department access. Ordinance No. 18, Series of 2009 12 SECTION 903.2.11.3 - BUILDINGS 55 FEET OR MORE IN HEIGHT: The following shall be deleted from this section: Exception: 2. Open parking structures. SECTION 903.2.11.3.1 - INACCESSIBLE BUILDINGS: This section is hereby added to this Code as follows: An automatic sprinkler system shall be installed through all buildings classified as an inaccessible building. See Section 902 Definitions. SECTION 903.3.1.1 - NFPA 13 SPRINKLER SYSTEMS: This section is to be deleted in its entirety and shall be replaced with the following language: Where the provisions of this Code require that a building or portion thereof be equipped throughout with an approved automatic fire sprinkler system, sprinklers shall be installed in accordance with NFPA 13 and the 2009 Edition of the Vail Fire and Emergency Services Criteria for Requirements to Install Fire Sprinkler Systems as published at www.vailgov.com. SECTION 903.3.1.1.1 - EXEMPT LOCATIONS: This section shall be deleted in its entirety. Section 903.3.1.4 - UNDERGROUND FIRE MAINS: This section is hereby added to this Code as follows: Underground fire mains shall comply with NFPA 24. SECTION 903.3.1.3 - NFPA 13R SINGLE FAMILY / DUPLEX SPRINKLER SYSTEMS: This section is to be deleted in its entirety and shall be replaced with the following language: Where a fire sprinkler system is required by this Code, automatic sprinkler systems installed in one and two-family dwellings and townhouses shall be installed throughout in accordance with NFPA 13R and the 2009 Edition of the Vail Fire and Emergency Services Criteria for Requirements to Install Fire Sprinkler Systems as published at www.vailgov.com. SECTION 903.3.5.1.1 - LIMITED AREA SPRINKLER SYSTEMS: This section shall be deleted in its entirety. SECTION 903.4 - SPRINKLER SYSTEM SUPERVISION AND ALARMS: This section shall be amended by deleting Exceptions 1 through 7. SECTION 903.4.3 - FLOOR CONTROL VALVES: This section is hereby amended to add the following language: Floor control valves shall be readily accessible without the use of a special key, knowledge or ladder. Locations of floor control valves shall be subject to approval of the Vail Fire Department. SECTION 905.2.1 - INSTALLATION STANDARDS - STANDPIPE SYSTEMS: This section is hereby added to this Code as follows: Class I standpipes may be required to be manual wet when required by the Fire Code Official. Standpipes shall be hydraulically separate from fire sprinkler risers. Combination risers are prohibited without the express permission of the Fire Code Official. SECTION 905.3.1 - HEIGHT EXCEPTIONS: This section shall be amended by deleting the following: 5.2 Conditions where topography makes access from the fire department vehicle to the building impractical or impossible. SECTION 907.1 - QUALIFICATIONS: This section is hereby amended to add the following language: Alarm Service personnel shall be registered with the Town of Vail as a Fire Alarm System contractor and qualified and experienced in the installation, inspection, testing, and maintenance of fire alarm systems. Qualified personnel shall meet the requirements for Item 1, Ordinance No. 18, Series of 2009 13 2 or 7 and a minimum of one additional element. 1. National Institute for Certification in Engineering Technologies. Level II minimum is required for field supervisors. 2. Factory trained or certified with proof of such training within the last three years. 3. Journeyman that have completed a BAT certification program through the State of Colorado. 4. Certified by examination by a pre -approved state or local authority. 5. A minimum of 8 hours of continuing education annually. 6. Trained and qualified personnel employed by an organization listed by a national testing laboratory for the servicing of fire alarm systems. 7. Completion of apprentice program through an accredited educational program. SECTION 907.1.4 - FIRE ALARM STANDARDS: This section is hereby added to this Code as follows: See Vail Fire and Emergency Services Standards as published on the Town of Vail web site at www.vailgov.com. SECTION 907.1.5.1 - CONDUIT REQUIREMENTS: This section is hereby added to this Code as follows: Fire alarm wiring and cables in buildings over four stories in height shall be installed in EMT or rigid conduit. Installation shall comply with National Electrical Code Section 760. SECTION 907.1.5.2 - WIRING REQUIREMENTS: This section is hereby added to this Code as follows: In buildings four stories or less, all wiring shall be not less than plenum rated FPLT or installed in EMT or rigid conduit. SECTION 907.9.5.1- FIRE ALARM SYSTEMS: This section is hereby added to this Code as follows: Registered Fire Alarm Contractors are required to submit a signed copy of each Test and Inspection report on their company letterhead to Vail Fire and Emergency Services Fire Code Official. Such reports shall be submitted within thirty (30) days of the inspection and may be transmitted by mail, electronic transmission, or hand delivered. All deficiencies identified during the tests and inspection shall be duly noted as to nature and location. Reports shall contain without regard to format, all essential information as is contained and addressed in the NFPA 72. Failure to submit copies in a timely manner may result in suspension of the contractor's Town of Vail Contractor's Registration. SECTION 907.9.5.2 - FIRE PROTECTION SYSTEMS: This section is hereby added to this Code as follows: Tests and Inspection Reports - Registered Fire Sprinkler Contractors are required to submit a signed copy of each Test and Inspection report on their company letterhead to the Fire Code Official. Such reports shall be submitted within thirty (30) days of the inspection and may be transmitted by mail, electronic transmission, or hand delivered. All deficiencies identified during the tests and inspection shall be duly noted as to nature and location. Reports shall contain without regard to format, all essential information as is contained and addressed in the NFPA Standard for the Inspection, Testing, and Maintenance of Water - Based Fire Protection Systems, also known as NFPA 25. Failure to submit copies in a timely manner may result in suspension of the contractor's Town of Vail Contractor's registration. SECTION 909.1 - SCOPE AND PURPOSES: This section is hereby amended to add the following language: Standard 92 A and 92 B as published by the NFPA are hereby adopted by reference. Where provisions of IFC and IBC differ from NFPA 92 A and 92 B, NFPA standards shall prevail. SECTION 909.4.3 - WIND EFFECT: This section is to be deleted in its entirety and shall be replaced with the following language: Wind -loading provisions shall be consistent with NFPA Ordinance No. 18, series of 2009 14 92A and 92B and ASHRAE standards. SECTION 909.6.1 - MINIMUM PRESSURE DIFFERENCES: This section is to be deleted in its entirety and shall be replaced with the following language: The minimum pressure difference across a smoke barrier shall be 0.05 -inch water gage (0.0124kPa) in fully sprinklered buildings. In buildings allowed to be other than fully sprinklered, the smoke control system shall be designed in accordance with requirements as indicated in Table 5.2.1.1, 2006 NFPA 92A. SECTION 909.6.1.1 - ELEVATOR PRESSURIZATION: This section is hereby added to this Code as follows: With respect to the 2009 Edition of the International Building Code, Section 708.14.2.1, providing elevator pressurization in lieu of elevator lobbies, the minimum pressures shall be as indicated in NFPA 92A, 2006 edition, Table 5.2.1.1. The maximum pressure of 0.25 - inches of water (67 kPA) as prescribed by the 2009 Edition of the International Building Code section 708.14.2.1 is subject to engineering review and may be altered such that the maximum pressure differential shall allow for elevator door opening and closing without malfunctioning. The 2009 Edition of the International Building Code Section 909.20.5 is hereby amended to replace 0.10 -inches of water (25kPa) pressure with the minimum pressure requirements in the 2006 Edition of the NFPA 92A, Table 5.2.1.1. An engineered design shall be submitted such that the system will work with two doors open, one at the level of exit discharge and the other at the top of the stair shaft as well as with all doors closed. SECTION 914.3.1 - AUTOMATIC SPRINKLER SYSTEMS: Exception 1 and Exception 2, This section shall be deleted in its entirety and shall be replaced with the following text: Note: With the approval of the Fire Code Official, alternate automatic fire suppression systems may be considered for use in areas where a fire sprinkler system may not be suitable. SECTION 914.6.1 - AUTOMATIC SPRINKLER SYSTEMS. This section shall be deleted in its entirety and shall be replaced with the following text: Note: With the approval of the Fire Code Official, alternate automatic fire suppression systems may be considered for use in areas where a fire sprinkler system may not be suitable. SECTION 4603.6.1 - MANUAL PULL STATIONS: Group E Exceptions 1 and 2: This section shall be deleted in its entirety. SECTION 4603.6.2 - MANUAL PULL STATIONS: Group 1 -1. Exception 2: This section shall be deleted in its entirety. SECTION 4603.6.5.1 - MANUAL PULL STATIONS: Exception 1 and 2: This section shall be deleted in its entirety. SECTION 4603.6.5.1.1 - GROUP R-1 HOTEL AND MOTEL AUTOMATIC SMOKE DETECTION SYSTEMS Exception: This section shall be deleted in its entirety. SECTION 4603.5.2.1 - GROUP R-1 BOARDING AND ROOMING HOUSES AUTOMATIC SMOKE DETECTION SYSTEM: This section shall be amended by deleting the following: not equipped with an approved supervised sprinkler system installed in accordance with the 2009 Edition of the International Fire Code Section 903. SECTION 4603.6.6 - GROUP R-2 Exceptions 1, 2 and 3: This section shall be deleted in its entirety. Ordinance No. 18. Series of 2009 15 SECTION 4603.7 - BATTERY POWERED DETECTORS: This section is hereby added to this Code as follows: Where battery powered detectors have been installed as a result of an exception in this Section, and where the fire alarm system is required by another section of this Code, the Vail Fire Chief may require the use of Radio Frequency (RF) system detectors in lieu of battery detectors. Hardwired detectors may also be approved. SECTION 4603.7.3 - POWER SOURCE, Exception 3: This section shall be deleted in its entirety and shall be replaced with the following language: In structures where alterations are taking place, RF detectors may be installed in lieu of hard wired detectors. RF detectors may be battery powered. SECTION 4603.8 - MONITORING REQUIRED: This section is hereby amended to add the following language: All fire alarm and fire sprinkler systems shall be monitored by a UL listed central monitoring station or by the Vail Public Safety Communication Center. APPENDIX B - FIRE FLOW REQUIREMENTS: This section is hereby amended as follows: The maximum reduction for sprinklered buildings shall be not greater than fifty percent (50%). APPENDIX D - FIRE APPARATUS ACCESS ROADS: Amend the text of this section to add the following language: This section is for reference only but may be used in performance based design. Refer to Town of Vail Municipal Code Title 14. APPENDIX G - CYROGENICS: Weight and Volume Tables: This section is hereby amended to add the following language: Use as reference only. APPENDIX J - EMERGENCY RESPONDER RADIO COVERAGE: This section is hereby amended to add the following language: See Chapter 10-3, Vail Town Code. 10-1-6: AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE: The following amendments are hereby made to the 2009 Edition of the International Mechanical Code: SECTION 101.1 — TITLE: This section 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: This section is hereby amended as follows: Delete exception 1 in its entirety. SECTION 106.5.2 — FEE SCHEDULE: This section 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: This section is hereby amended as follows: Item 2. Not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this Code. SECTION 306.5 - EQUIPMENT AND APPLIANCES ON ROOFS OR ELEVATED STRUCTURES: This section is hereby amended to add the following language: Item 8: For additional rooftop access requirements, refer to Town of Vail Fire and Emergency Service Ordinance No. 18, Series of 2009 16 CW Standards, available at www.vailgov.com. TABLE 403.3 - MINIMUM VENTILATION RATES: This table is hereby amended to add the following language: Note: 1. Ski Shop Ventilation: For ski shop ventilation compliance requirements, refer to the 2009 Edition of the International Fire Code Section 610.4.7 SECTION 903.3 - UNVENTED GAS LOG HEATERS: This section is hereby amended as follows: Un -vented gas fireplaces are prohibited. 10-1-7: AMENDMENTS TO THE INTERNATIONAL PLUMBING CODE: The following amendments are hereby made to the 2009 Edition of the International Plumbing Code: SECTION 101.1 - TITLE: This section 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: This section is hereby amended as follows: Delete Exception in its entirety. SECTION 106.6.2 - FEE SCHEDULE: This section 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: This section is hereby amended as follows: Item 2. Not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this Code. SECTION 412.5 — MECHANICAL ROOMS: This section is hereby amended to add the following language: For heating or hot-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: This section is hereby amended as follows: On the fixture supply to each plumbing fixture other than bathtubs, showers and concealed wall mounted faucets in one and two family residential occupancies, and other than in individual guestrooms that are provided with unit shutoff valves in hotels, motels, boarding houses and similar occupancies shutoff valves are required. SECTION 904.1 - ROOF EXTENSION: This section is hereby amended as follows: All open vent pipes that extend through a roof shall be terminated at least twelve (12) inches above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent shall be run a least seven (7) feet (2,134mm) above the roof. SECTION 904.2 - FROST CLOSURE: This section is hereby amended as follows: Every vent extension through a roof or wall shall be a minimum of three (3) inches (76mm) in diameter. Any increase in size of the vent shall be made inside the structure a minimum of one (1) foot (305mm) below the roof or inside the wall. CHAPTER 13- REFERENCED STANDARDS: Ordinance No. 18, Series of 2009 17 This chapter is hereby amended by the addition of the following language: The State of Colorado Plumbing Code revisions as published by the State of Colorado. 10-1-8 AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE: The following amendments are hereby made to the 2009 Edition of the International Fuel Gas Code: SECTION 101.1 - TITLE: This section 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: This section is hereby amended as follows: The exception is deleted in its entirety. SECTION 106.6.2 - FEE SCHEDULE: This section 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. All work regulated by the Fuel Gas Code shall be subject to fees as designated in the Construction Fee Schedule for Mechanical Permits. SECTION 106.6.3 - FEE REFUNDS: This section is hereby amended as follows: Item 2. Not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this Code. SECTION 303.3 - PROHIBITED LOCATIONS: This section is hereby amended as follows: Delete exceptions 2, 3 and 4 in their entirety. SECTION 304.11 - COMBUSTION AIR DUCTS: This section is hereby amended as follows: Item 8. Combustion air intake openings located on the exterior of a building shall have the lowest side of such openings located not less than sixty (60) inches vertically from the adjoining ground or thirty-six (36) inches above the roof. SECTION 304.1 - GENERAL: This section is hereby amended by the addition of the following language: New construction shall be considered unusually tight construction as defined by this Code. SECTION 304.5 - INDOOR COMBUSTION AIR: This section shall be deleted in its entirety SECTION 404.5 — PROTECTION AGAINST PHYSICAL DAMAGE: This section is hereby amended by the addition of the following language: 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. SECTION 406.4.1 - TEST PRESSURE: This section is hereby amended as follows: This test shall include an air, carbon dioxide or nitrogen pressure test, at which time the gas piping shall withstand a pressure of not less than ten (10) psig (69 kPa). For welded pipe and for piping carrying gas pressure exceeding fourteen (14) inches of water column, the test shall be at least sixty (60) psig (414 kPa). SECTION 406.4.2 - TEST DURATION: This section is hereby amended as follows: Test duration shall not be less than fifteen (15) minutes for threaded pipe. For welded pipe and piping carrying gas pressure exceeding fourteen (14) inches of water column, the duration shall not be Ordinance No. 18, Series of 2009 18 less than thirty (30) minutes. SECTION 409.7 - NATURAL GAS EMERGENCY GENERATORS: This section is hereby amended with the addition of the following language: Gas emergency generators shall have a dedicated gas line connected on the supply side of the main gas shutoff valve and marked as supplying an emergency generator per NFPA 110.7.9.7 and 7.9.8. This valve shall have a monitored tamper switch. SECTION 411.4 - FIRE PITS: This section is hereby added to this Code as follows: Fire pits serving all residential units require automatic shut-off controls with a maximum timer of thirty (30) minutes and may only be served by a %" gas pipe. SECTION 501.8 - EQUIPMENT NOT REQUIRED TO BE VENTED: This section is hereby amended as follows: Delete items 8 and 10. SECTION 503.6.4 - GAS VENT TERMINATIONS: This section is hereby amended with the addition of the following language: Item 8. Gas appliance vent terminations located on the exterior of a building shall have the lowest side of such openings located not less than sixty (60) inches vertically from the adjoining ground or thirty-six (36) inches above the roof. SECTION 603 - LOG LIGHTERS: This section is hereby amended with the addition of the following language: Log lighters shall not be installed in the Town of Vail. SECTION 621.2 - PROHIBITED USES: The section is herby amended with the addition of the following language: Log lighters are not permitted in the Town of Vail. 10-1-9 AMENDMENTS TO THE NATIONAL ELECTRICAL CODE: The following amendments are hereby made to the 2008 Edition of the National Electrical Code: ARTICLE 210.25(C) - MULTI FAMILY DWELLING UNITS: This article is hereby amended as follows: In multi -family dwelling units, no electrical wiring or feeder cables shall pass from one unit to another. Common walls and common spaces shall be exempt from this requirement. ARTICLE 230, Part II — OVERHEAD SERVICE -DROP CONDUCTORS: This article is hereby amended as follows: Overhead services shall not be permitted within the Town of Vail. ARTICLE 230.32 — PROTECTION AGAINST DAMAGE: This article is hereby amended with the addition of the following language: (a) Underground service shall be installed in approved conduit from the transformer to the electric meter/disconnect switch, and to the main circuit breaker (service entrance). ARTICLE 250.52 — GROUNDING ELECTRODES: This article is hereby amended with the addition of the following language: (C) For New Construction, electrical services shall be bonded to a concrete encased electrode. Where the water pipe is metal it shall also be bonded within five (5) feet of the water pipe entrance. ARTICLE 300.5 — UNDERGROUND INSTALLATIONS: This article is hereby amended with the addition of the following language: All underground electrical wiring of one hundred and twenty (120) volts or more shall be installed in PVC conduit. A minimum depth of eighteen (18) inches from the top of the conduit and warning tape is required per the NEC. Ordinance No. 18, Series of 2009 19 11 ARTICLE 310.5 — CONDUCTORS FOR GENERAL WIRING: This article is hereby amended with the addition of the following language: Aluminum wire or copper clad aluminum wire smaller than #8 AWG shall not be permitted. ARTICLE 334.12 — USES NOT PERMITTED: This article is hereby amended with the addition of the following language: C) Type NM cables shall not be used under the following conditions: (1) Any building containing occupancy groups A, B, E, F, H, I, M, S, as defined in the 2009 Edition of the International Building Code. ARTICLE 230.70(A) - FOR RESIDENTIAL STRUCTURES: This article is hereby amended as follows: The main disconnect shall be readily accessible, and located next to the meter on the exterior wall of the structure. ARTICLE 410.10(D) - BATHTUB AND SHOWER AREAS: This article is hereby amended with the addition of the following language: Fixtures in the bathtub and shower area shall be rated for the use (damp/wet location) and shall have a lens on the fixture trim. 10-1-10: AMENDMENTS TO THE INTERNATIONAL ENERGY CONSERVATION CODE: The following amendments are hereby made to the 2009 Edition of the International Energy Conservation Code: SECTION 101.4 — COMPLIANCE: This section is hereby amended with the addition of the following language: The latest editions of Rescheck and Comcheck Software, as developed by the United States Department of Energy, may be used to demonstrate compliance with the 2009 Edition of the International Energy Conservation Code. SECTION 303.1.3 - FENESTRATION PRODUCT RATING: This section is hereby amended as follows: U -factors of fenestration products (windows, doors and skylights) shall be determined in accordance with NFRC 100 by an accredited, independent laboratory, and labeled and certified by the manufacturer. Products lacking such a labeled U -factor shall be assigned a default U - factor from table 303.1.3(1) or 303.1.3(2), or the designer may submit calculated U -values for review by the Chief Building Official using methods set forth in Edition of the ASHRAE Fundamentals chapter 30, page 30.4, "U -Factor (Thermal Transmittance) — Determining Fenestration U -factors." TABLE 402.1.1 - INSULATION AND FENSTRATION REQUIREMENTS BY COMPONENTS: This table is hereby by amended by the addition of footnote h to read as follows: The fenestration U- factor for the Town of Vail shall be .30 for all new one and two family dwelling units. SECTION 402.4.2.1 - TESTING OPTION: This section is hereby amended with the addition of the following text: The testing agency shall be approved by the Town of Vail Chief Building Official. SECTION 403.9.3 - POOL COVERS: The exception to this section is hereby deleted in its entirety. SECTION 403.6 - EQUIPMENT SIZING (MANDATORY): This section is hereby amended as follows: Heating equipment shall be sized in accordance with ASHRAE Chapter 17 for Ordinance No. 18, Series of 2009 20 residential occupancies and Chapter 18 for nonresidential occupancies. All gas fired boilers and furnaces shall have a minimum efficiency of ninety-two percent (92%) AFUE. 10-1-11: AMENDMENTS TO THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS: The following amendments are hereby made to the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings: SECTION 301 - GENERAL: This section is herby amended as follows: For the purpose of this Code, certain terms, phrases, words, and their derivatives shall be construed as specified in either this Chapter or as specified in the Building Code. BUILDING CODE: This definition is hereby amended as follows: The Building Code is the 2009 Edition of the International Building Code as adopted and amended by the Town of Vail. DANGEROUS BUILDING: This definition is hereby amended as follows: A Dangerous Building is any building or structure deemed to be dangerous under the provisions of Section 302 of this Code. 10-1-12: 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 Vail Town Clerk. 10-1-13: PENALTIES: A. Any person who violates any of the provisions of the Codes adopted by this Chapter or fails to comply therewith, or who violates or fails to comply with any order made there under, or who builds in violation of any detailed statements, specifications, or plans submitted and approved there under, or any certificate or permit issued there under, 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. Section 2. The building codes adopted by this Ordinance shall be effective for all building permit applications received by the Town of Vail, Community Development Department, Building Safety and Inspection Services on or after January 1, 2010. 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 Ordinance No. 18, Series of 2009 21 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 Vail 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of October, 2009, and a public hearing for second reading of this Ordinance set for the 20th day of October 2009, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 18, Series of 2009 22 INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 201h day of October 2009. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 18, Series of 2009 23