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HomeMy WebLinkAbout2019-16PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 16, Series of 2019, First Reading, on the Town of Vail's web site, www.vailqov.com, on the 20th day of December, 2019. Witness my hand and seal this 250th day of December. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 16 SERIES 2019 AN ORDINANCE AMENDING SECTION 14-6-7.A. OF THE VAIL TOWN CODE TO CLARIFY DESIGN STANDARDS FOR RETAINING WALLS WHEREAS, Section 14-6-7.A. of the Vail Town Code establishes design standards for retaining walls and is in need of clarification; WHEREAS, on August 12, 2019, the Planning and Environmental Commission considered the changes proposed by this ordinance and recommended that the Town Council approve such changes; and WHEREAS, the Town Council finds and determines that the clarification of Section 14-6-7.A. is necessary to avoid ambiguity in the Vail Town Code. NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 14-6.7.A. of the Vail Town Code is hereby amended as follows: 14-6-7: RETAINING WALLS: A. General: 1. All retaining walls are reviewed by the Design Review Board or the Administrator to determine compatibility to the existing topography of and the materials in use. Retaining walls shall not exceed an exposed face height of six feet (6). Within a front setback, retaining walls shall not exceed an exposed face height of three feet (3'), unless related to access to or development of a structure eonstruote-d—on excessive slopes (in excess of thirty (30) percent). Retaining walls associated with a street located within a public right-of-way or access to an underground covered parking structure are exempt from these height limits, but must be approved by the Design Review Board and shall meet the standards prescribed in Section 14-10-3 of this Code. 2. Retaining walls shall be located a minimum of two feet (2') from adjacent private property boundaries and should be ten feet (10') from the edge of a public street unless otherwise approved by the Town Engineer. 3. All retaining walls over four feet (4') in height, measured from the bottom of a footing to the top of wall as per the adopted building code, shall be engineered and stamped by a licensed Colorado professional engineer (PE stamp) except in the right of way, where 9/5/2019 S:ICOMMUNITY DEVELOPMENTIPLANNINGIASHLEYIFINAL DOCUMENTS ORDIRETAINING WALLS-0080119.DOCX retaining walls over three feet (3') in height, measured in the same manner, shall require a PE stamp. 4. All retaining walls requiring a PE stamp shall be required to have submitted and approved, prior to building permit release, engineered stamped plans, profiles, sections, details, and engineering analyses and calculations for each wall type as required by the Town Engineer. At a minimum, unless otherwise directed, the engineering submittal shall include PE stamped plans, and PE stamped typical details with all engineering design parameters and calculated factor of safety provided on the details. Plans and details shall be cross referenced. Section 2. If any part, section, subsection, sentence, clause or phrase of thi ordinance is for any reason held to be invalid, such decision shall not affect the validit 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, Claus 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 Vail Town Code in thi 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 an other action or proceeding as commenced under or by virtue of the provision amende . The amendment of any provision hereby shall not revive any provision or ordinanc previously repealed or superseded unless expressly stated herein. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereo , inconsistent herewith are repealed to the extent only of such inconsistency. Thi repealer shall not be construed to revise any bylaw, order, resolution or ordinance, r part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERE[ PUBLISHED ONCE IN FULL ON FIRST READING this day of , 2019 and a public hearing for second reading of this Ordinance is set for the ti, of , 2019, in the Council Chambers of the Vail Municipal Building, Colorado. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk 2 9/52019 S:ICOMMUNITY DEVELOPMENTIPLANNINGIASHLEYIFINAL DOCUMENTS ORDIRETAINING WALLS-0080119.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2019. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk 3 9/52019 S.ICOMMUNITY DEVELOPMENTIPLANNINGIASHLEYIFINAL DOCUMENTS ORDIRETAINING WALLS-0080119.DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 16, Series of 2019, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 13t" day of January, 2020. Witness my hand and seal this 13t" day of January. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 16 SERIES 2019 AN ORDINANCE AMENDING SECTION 14-6-7.A. OF THE VAIL TOWN CODE TO CLARIFY DESIGN STANDARDS FOR RETAINING WALLS WHEREAS, Section 14-6-7.A. of the Vail Town Code establishes design standards for retaining walls and is in need of clarification; WHEREAS, on September 23, 2019, the Planning and Environmental Commission considered the changes proposed by this ordinance and recommended that the Town Council approve such changes; and WHEREAS, the Town Council finds and determines that the clarification of Section 14-6-7.A. is necessary to avoid ambiguity in the Vail Town Code. NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 14-6.7.A. of the Vail Town Code is hereby amended as follows: 14-6-7: RETAINING WALLS: A. General: 1. All retaining walls are reviewed by the Design Review Board or the Administrator to determine compatibility to the existing topography of and the materials in use. Retaining walls shall not exceed an exposed face height of six feet (6'). Within a front setback, retaining walls shall not exceed an exposed face height of three feet (3'), unless related to access to or development of a structure GORstri Gte on excessive slopes (in excess of thirty (30) percent). Retaining walls associated with a street located within a public right-of-way or access to an underground covered parking structure are exempt from these height limits, but must be approved by the Design Review Board and shall meet the standards prescribed in Section 14-10-3 of this Code. 2. Retaining walls shall be located a minimum of two feet (2') from adjacent private property boundaries and should be ten feet (10') from the edge of a public street unless otherwise approved by the Town Engineer. 3. All retaining walls over four feet (4') in height, measured from the bottom of a footing to the top of wall as per the adopted building code, shall be engineered and stamped by a licensed Colorado professional engineer (PE stamp) except in the right of way, where 91512019 S:ICOMMUNITYDEVELOPMENTIPLANNINGIASHLEYIFINAL DOCUMENTS ORDIRETAINING WALLS-0080119.DOCX retaining walls over three feet (3') in height, measured in the same manner, shall require a PE stamp. 4. All retaining walls requiring a PE stamp shall be required to have submitted and approved, prior to building permit release, engineered stamped plans, profiles, sections, details, and engineering analyses and calculations for each wall type as required by the Town Engineer. At a minimum, unless otherwise directed, the engineering submittal shall include PE stamped plans, and PE stamped typical details with all engineering design parameters and calculated factor of safety provided on the details. Plans and details shall be cross referenced. 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 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. Section 3. The amendment of any provision of the Vail Town Code 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 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 17Lh day of December, 2019 and a public hearing for second reading of this Ordinance is set for the 7t—"_day of January , 2020, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk 2 91512019 S:ICOMMUNITY DEVELOPMENTPLANNINGIASHLEYIFINAL DOCUMENTS ORDIRETAINING WALLS-0080119.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED This 7t—" day of January, 2020. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk 3 91512019 S:ICOMMUNITY DEVELOPMENTPLANNINGIASHLEYIFINAL DOCUMENTS ORDIRETAINING WALLS-0080119.DOCX