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Home My WebLink About2008-03 1 acknowledge the accuracy of the 01.12.08_ publication of Ordinance No. 3, Series of 2008. 4a4c - Matt Mire, wn Attorney Rachel Friede, Planner *32 .{! -Saturday, February 9, 2008 THE VAIL DAILY,., 970.949.0555 vaildaily.com � I , tStaD1NANCE V: SERIES OF 2008 ORDINANCE NO. 3, SERIES OF 2008, AN ORDINANCE AMENDING CHAPTER 14-10, DESIGN REVIEW STANDARDS AND GUIDELINESVAIL TOWN CODE, IN ORDER TO MODIFY THE WILDFIRE ROOFING REGULATIONS REQUIRING CLASS A ROOF ASSEMBLIES OR CLASS A ROOF MATERIALS IN THE TOWN OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Vail Town Council adopted Ordinance No. 3, Series of 2007, an ordinance requiring Class A roof assembly or Class A roof covering materials and banning wood shake and wood shingles for all structures within the Town of Vail, at its February 6, 2007 meeting; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval with modification of these amendments at its December 10, 2007 meeting, and has submitted its recommendation to the Vail Town Council; and EWHEREAS , the Planning and Environmental Commission finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the general purpose of the Development Review Handbook; and WHEREAS. the Planning and Environmental Commission finds that the proposed 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; and WHEREAS , the Vail Town Council finds that these amendments will aid in clarifying regulations for changes to structures that do not conform with the wildfire roofing regulations that require Class A roof assembly or Class A roof covering materials and bans wood shake and wood shingles; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. 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 clarity Chapter 14-10 to address structures that are not in compliance with the wildfire roofing regulations Text that is to be added is bold. Sections of text that are not amended may be omitted.) Section 2. Section 14-2-1 is hereby amended as follows ARID E: The uppermost, horizontal external angle formed by the intersection of two sloping roof VALLEY: The internal angle formed by the intersection of two sloping roof planes. Section 3. Section 14-10-5 is hereby amended as follows: F. All structures shall have class A roof assemblies or shall have class A roof covering materials, as defined by the adopted building code. The use of concrete tile, slate, metal, asphalt shingle, fiberglass ;.,ashingle, and built up tar and gravel roofing may be permitted. Metal roofing, when permitted, shall not reflect direct sunlight onto an adjacent property and shall be Surfaced with a low gloss finish or be capable of weathering to a dull finish. Metal roofing, when permitted, shall be of a heavy gauge and designed to provide visual relief to the roof surface (including, but not limited to, a standing seam). Asphalt and fiberglass shingles, when permitted, shall weigh no less than three hundred (300) pounds per roofing square. The use of wood shake, wood shingles and rolled roofing shall not be permitted. Two-family and multi -family dwellings shall be required to have uniform roof covering materials, except when the Design Review Board determines that the materials are compatible, are integral to the architectural We of the structure and different materials do not share any ridges or planes, but may share a valley. 1. Nonconforming Structures: All structures that do not have a Class A roof assembly or Class A roof covering material, or structures with wood shake or wood shingles shall come into compliance as follows: a. Repair and maintenance of twenty-five (25) percent or more of the roof area of a single-family dwelling, a side of a two-family dwelling, or of an entire multiple -family dwelling within a twelve (12) month period, or fifty (50) percent or more of the total roof area in any time period shall require compliance of the entire roof of the single-family dwelling, the affected side of a two-family dwelling, or an entire muftiple-family dwelling. b. AN additions affecting roof area shall trigger compliance of the roof structure of a single-family FIND A J�B Legals _ ._.....�, _... _ _....._ ..._.-.r._ ._....., - - .... , -- one-time exemption of up to 500'square feet of GRFA, occurring after February 6, 2007, where any addition of roof area does not share a plane or ridge with the nonconforming roof, and may only share a valley. The additional roof area shall conform to roofing regulations, and shall be deemed compatible by the Design Review Board. c. Two-family structures: Upon reroofing one side of a two-family dwelling, the other side may be required to reroof if the two sides have roof systems that share ridges or planes. Different materials on each side of the two-family dwelling may be permitted by the Design Review Board if the materials are deemed compatible, integral to the architectural style of the structure and share a alley or do not intersect. d. Developments with multiple structures: Upon reroofing a single structure that is part of a multi -structure project with conforming roof covering materials that do not match existing materials, the conforming materials shall be deemed compatible with the existing nonconforming materials by the Design Review Board. Upon reroofing of additional structures in the development, the materials shall match the approved conforming materials. Should the matching material no longer be manufactured, a different material may be permitted, should the materials be deemed compatible by the Design Review Board. 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 and proper for the health, safety and welfCouncil are ordinancefinds, determines and declares that this is necessary re of the Town of Vail and the inhabitants thereof. AW 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 nvs unless expressly stated hereinot revive any provision or any grdinacepreviously repealed orsuperseded unle Section 9. 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 repeated. INTRODUCED, READ OR FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of February, 2008 and a public hearing for second reading of his Ordinance set for the 19th day of February, 2008, at 6:00 P.M. in the Council Chambers of the Vail •nicipal Building, Vail, Colorado. /a/Richard D. Cleveland. Mavor ATTEST: Is/Lorelei Donaldson. Town Clerk Published in the Vail Daily on February 9, 2008. (1146710) J*T* & Da-e a,lizob S 0.. J Every Monday in Vailnaily I 0762 PROOF OF PUBLICATION STATE OF COLORADO SS. COUNTY OF EAGLE I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- per 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; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. 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 ..... /........ consecutive i ertions; and that the first publication of said notice was in the issue of said newspaper dated .....IR-5 ............... A.D....�..77 ... and that the last publication of said notice was in the issue of said newspaper dated .' `........ A.D...... L� 4................ In witness whereof I have hereunto set my hand this ..s-day of ...........��. ....... . ........ P. Publisher Subscribed and —sworn to before me, notary public in and for the County of Eagle, State of Colorado, this .....��/............. day of .........�-r✓!/G "I J. S�ti a� NOTAgy UN o ��, PUBLIC Q My Commission expes�� .......... Q.P ,`��............. Notary Public C36 Saturday, February 23, 2008 ORDINANCE NO. 3 SERIES OF 2008 ORDINANCE NO. 3, SERIES OF 2008, AN ORDINANCE AMENDING CHAPTER 14-10, DESIGN REVIEW STANDARDS AND GUIDELINES, VAIL TOWN CODE, IN ORDER TO MODIFY THE WILDFIRE ROOFING REGULATIONS REQUIRING CLASS A ROOF ASSEMBLIES OR CLASS A ROOF MATERIALS IN THE TOWN OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Vail Town Council adopted Ordinance No. 3, Series of 2007, an ordinance requiring Class A roof assembly or Class A roof covering materials and banning wood shake and wood shingles for all structures within the Town of Vail, at its February 6, 2007 IV 1 meeting; and -REAS, the Planning and Environmental Commission of the Town of Vail has held .,, ,s on the proposed amendments in accordance with the provisions.of the Vail own Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval with modification of these amendment5 at its December 10, 2007 meeting, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Pl,-n and are compatible with the development objectives of the Town; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the general purpose of the Development Review Handbook; and WHEREAS, the Planning and Environmental Commission finds that the proposed 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 tEmmunity of the highest quality; and WHEREAS, the Vail Town Council finds that these amendments will aid in clarifying regulations for changes to structures that do not conform with the wildfire roofing regulations that require Class A roof assembly or Class A roof covering materials and bans wood shake and wood shingles; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF Ordinance No. 3, Series of 2008 VAIL, COLORADO, THAT: THE VAIL DAILY 970.949.0555 vaildaily.com a. Repair and maintenance of twenty -rive (25) percent or more of the roof area of a single-family dwelling, a side of a two-family dwelling, or of an entire multiple -family dwelling within a twelve (12) month period, or fifty (50) percent or more of the total roof area in any time period shall require compliance of the entire roof of the single-family dwelling, the affected side of a two-family dwelling, or an entire multiple -family dwelling. b. All additions affecting roof area shall trigger compliance of the roof structure of a single-family dwelling, a side of a two-family dwelling, or the entire multiple -family dwelling, except for a one-time exemption of up to 500 square feet of GRFA, occurring after February 6, 2007, where any addition of roof area does not share a plane or ridge with the nonconforming roof, and may only share a valley. The additional roof area shall conform to roofing regulations, and shall be deemed compatible by the Design Review Board. c. Two-family structures: Upon reroofing one side of a two-family dwelling, the other side may be required to reroof if the two sides have roof systems that share ridges or planes. Different materials on each side of the two- family dwelling may be permitted by the Design Review Board if the materials are deemed compatible, integral to the architectural style of the structure and share a valley or do not intersect. d. Developments with multiple structures: Upon reroofing a single structure that is part of a multi -structure project with conforming roof covering materials that do not match existing materials, the conforming materials shall be deemed compatible with the existing nonconforming materials by the Design Review Board. Upon reroofing of additional structures in the development, the materials shall match the approved conforming materials. Should the matching material no longer be manufactured, a different material may be permitted, should the materials be deemed compatible by the Design Review Board. 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 1. The purpose of this ordinance is to clarify Chapter 14-10 to address 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 nrr, d nnnr 1n +ha nffcn+i.,n r4n4n F.-4 -.n,. nrncan..fv.n rnmmun.•u`I nn..a. ' _*how ",_a.-_ -- structures that are not in compliance with the wilofre rooring regulations ( i ext that is to De proceeding as commenced under or by virtue of the provision amended. The amendment of deleted is strisker}. Text that is to be added is bold. Sections of text that are not amended may any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. be omitted.) Section 9. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall Section 2. Section 14-2-1 is hereby amended as follows: not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore RIDGE: The uppermost, horizontal external angle formed by the intersection of two repealed. sloping roof planes. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED VALLEY: The internal angle formed by the intersection of two sloping roof planes. PUBLISHED ONCE IN FULL ON FIRST READING this 51" day of February, 2008 and a public hearing for second reading of this Ordinance set for the 19 ' day of February, 2008, at 6:00 P.M. i Section 3. Section 14-10-5 is hereby amended as follows: in the Council Chambers of the Vail Municipal Building, Vail, Colorado. F. All structures shall have class A roof assemblies or shall have class A roof covering materials, as defined by the adopted building code. The use of concrete tile, slate, metal, Richard D. Cleveland, Mayor asphalt shingle, fiberglass shingle, and built up tar and gravel roofing may be permitted. Metal roofing, when permitted, shall not reflect direct sunlight onto an adjacent property and ATTEST: shall be surfaced with a low gloss finish or be capable of weathering to a dull finish. Metal roofing, whepermitted, shall be of a heavy gauge and designed to provide visual relief to n Lorelei Donaldson. Town Clerk the roof surface (including, but not limited to, a standing seam). Asphalt and fiberglass shingles, when permitted, shall weigh no less than three hundred (300) pounds per roofing READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19" day of February, 2008. square. The use of wood shake, wood shingles and rolled roofing shall not be permitted. Two-family and multi -family dwellings shall be required to have uniform roof covering materials, except when the Design Review Board determines that the materials are Richard D. Cleveland, Mayor compatible, are integral to the architectural style of the structure and different ATTEST: t materials do not share any ridges or planes, but may share a valley. 1. Nonconforming Structures: All structures that do not have a Class A roof Lorelei Donaldson, Town Clerk assembly or Class A roof covering material, or structures with wood shake or wood shingles shall come into compliance as follows: - - V" I acknowledge the accuracy of the 02.23.08 publication of Ordinance No. 3, Series of 2008. J4 DC4.-3"42 Ma 7 Ahire, Town Attorney r11ZRl'Vll V4L111}Jbefi, Cliidf of ?Uumiilg WaAel rrtjej Piu�M� C36 Saturday, February 23, 2008 ORDINANCE NO.3 SERIES OF 2008 ORDINANCE NO. 3, SERIES OF 2008, AN ORDINANCE AMENDING CHAPTER 14-10, DESIGN REVIEW STANDARDS AND GUIDELINES, VAIL TOWN CODE, IN ORDER TO MODIFY THE WILDFIRE ROOFING REGULATIONS REQUIRING CLASS ROOF ASSEMBLIES OR CLASS A ROOF MATERIALS IN THE TOWN OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Vail Town Council adopted Ordinance No. 3, Series of 2007, an ordinance requiring Class A roof assembly or Class A roof covering materials and banning wood shake and wood shingles for all structures within the Town of Vail, at its February 6, 2007 meeting; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval with modification of these amendments at its December 10, 2007 meeting, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments am consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the general purpose of the Development Review Handbook; and WHEREAS, the Planning and Environmental Commission finds that the proposed 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; and WHEREAS, the Vail Town Council finds that these amendments will aid in clarifying regulations for changes to structures that do not conform with the wildfire roofing regulations that require Class A roof assembly or Class A roof covering materials and bans wood shake and wood shingles; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF rxaeaxa Na s, sreor dz VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to clarify Chapter 14-10 to address structures that are not in compliance with the wildfire roofing regulations (Text that is to be deleted is wicker. Text that is to be added is bold. Sections of text that are not amended may be omitted.) Section 2. Section 14-2-1 is hereby amended as follows: RIDGE: The uppwwos4 horizontal externalarrgle formed by the Intersection ofhvo sloping roof p/anea. VALLEY: The Internal angle formad by the Intersection of two sloping root planes. Section 3. Section 14-10-5 is hereby amended as follows: F. All structures shell have class A roof assemblies or shall have class A roof covering materials, as defined by the adopted building code. The use of controls tile, slate, metal, asphalt shingle, fiberglass shingle, and built up ter and gravef mofing may be permitted. Metal roofing, whan pomutted, shall notm0ect direct sunlight onto an adjacent propertyand shall be surfaced with a low gloss finish or be capable of weathering to a dull finish. Metal roofing, when permitted, shall be of a heavy gauge and designed to provide visual relief to the roof surface (including, but not limited to, a standing seam). Asphalt and fiberglass shingles, when pennitod, shetrwaigh for low than three hundred (300) poundsper roofing, square. The use of wood shake, wood shingles and roiled roofing shall not be permitted. Two-family and multi -family dwellings shall be required to have uniform roofcovering materials, except when the Design Review Board determines that the materials are compatible, are Integral to the architectural style of the structure and different matanals do not sbare any ridges or planes, but may share a valley. 1. Nonconforming Structures: All structures that do not have a Class A roof assembly or Class A roof covering material, or structures with wood shake or wood shingles shell come Into compliance as follows: THE VAIL DAILY 970.949.0555 vaildaily.com a. Repair and maintenance of twenty-five (25) percent or more of the roof area of a single -/amity dwelling, a sloe of a two-family dwelling, or of an entire multiple -family dwelling within a twelve (12) month period, or fifty (50) percent or more of the total roof area In any time period shall require compliance of the entire roof of the single-family dwelling, the affected side of a two-family dwelling, or an entire multlpfe fiamlly dwelling. b. All additions affecting roof area shall trigger compliance of the roof structure ofa single-family dwelling, a side ofa two -(amity, dwelling, or the entire multiple -family dwelling, except for a one-time exemption of up to 500 square feat of GRFA, occurring after February 5, 2007, whore any addition of roof area does not share a plane or ridge with the nonconforming roof, and may only share a valley. Thoaddltlonalroofame shall conform to roofing regulations, and shall be deemed compatible by the Design Review Board. c. Two-family structures: Upon reroofing one side of a two-family dwelling, the other side may be required to reroof If the two sides have roofsystems that share ridges or planes. Different materials on each sloe of the two- family dwelling way be permitted by the Design Review Board If the materials are deemed compatible, Integral to the architectural style of the structure and share a valley or do not Intersect. d. Developments with multiple structures: Upon reroofing a single structure that Is part of a mull-sfructurs project with conforming roof covering materials that do not match existing materials, the conforming materials shall be deemed compatible with the existing nonconforming materials by the Design Review Board. Upon reroofing of additional structures In the development, the materials shall match the approved conforming materials. Should the matching material no longer be manufactured, a different material may be permitted, should the materials be deemed compatible by the Design Review Board. 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 ofthe 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 wagers of the Town of Vail and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided m 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 9. 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 5" day of February, 2008 and a public hearing for second reading of this Ordinance set for the 19n day of February, 2008, 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 19" day of February, 2008, ATTEST: Lorelei Donaldson, Town Cleric Richard D. Cleveland, Mayor