Loading...
HomeMy WebLinkAbout2022-06PROOF 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. 6, Series of 2022, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 20t" day of April 2022. Witness my hand and seal this 20t" day of April 2022. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 6 SERIES 2022 AN ORDINANCE AMENDING TITLE 12 OF THE VAIL TOWN CODE TO ESTABLISH SETBACKS FROM GORE CREEK AND ITS TRIBUTARIES WHEREAS, the Town's current stream setback, as established by Ordinance No. 19, Series of 1976, requires a minimum setback of 30 feet from the center of an established creek or stream channel and 50 from the centerline of Gore Creek; WHEREAS, the Gore Creek Strategic Plan adopted by the Town Council in 2016 identifies loss of riparian vegetation as one of the main causes of declining water quality in Gore Creek; and WHEREAS, the Town Council wishes to prevent further deterioration of Gore Creek and its named tributaries by enacting a clear, comprehensible, and enforceable set of guidelines for setbacks from Gore Creek and its tributaries. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-14-17 of the Vail Town Code is hereby repealed in its entirety. Section 2. Section 12-21-2 of the Vail Town Code is hereby amended by the addition of the following new definitions, to appear in alphabetical order: TWO-YEAR FLOOD LINE ("TYFL"): The average two-year flood line on Gore Creek and its named tributaries, as established by the data set adopted by the Town Council by resolution. Section 3. Chapter 21 of Title 12 of the Vail Town Code is hereby amended by the addition of a new Section 12-21-17, to read as follows: 12-21-17: GORE CREEK SETBACKS: A. Purpose: The purpose of this Section is to protect the public health, safety and welfare by ensuring the resiliency of Gore Creek and its named tributaries and by mitigating hazards associated with the deterioration of Gore Creek and its named tributaries. B. Applicability: This Section shall apply to all property located within twenty-five (25) feet of the TYFL, in whole or in part; provided that this Section shall not apply to any stream tract already protected by Chapter 14 of Title 5 of this Code. 1 411312022 S:ICOMMUNITYDEVELOPMENTIPLANNINGIGREGIPEC CASES1211PEC21-004310RDINANCE NO. 6 SERIES OF 20201STREAM SETBACK-041322.DOCX C. Setbacks: 1. No mowing, landscaping, grading or other disturbance shall be permitted within ten (10) feet of the TYFL, other than: a. Removal of noxious weeds pursuant to Section 5-1-6 of this Code; b. With prior approval of the Vail Fire Department, removal of vegetation for purposes of fire mitigation; C. With approval of the Design Review Board, the installation and maintenance of one access path per lot or parcel, of up to four (4) feet in width, consisting of permeable materials including without limitation native soils, sand and gravel, or flagstone set in a permeable base; d. Public roadways, public bridges, public recreational paths and trails, and public parks and open spaces; e. Utility infrastructure within utility easements; f. With approval of the Design Review Board, erosion control measures, stream grade -control structures and riparian restoration activities that conform with bank stabilization best management practices; and g. Buildings, structures, fences, walls, patios, walkways, landscaping features, furniture and similar improvements lawfully existing on the effective date of the ordinance codified in this Section, which improvements shall be subject to Chapter 18 of this Title. 2. No building or structure shall be located within twenty-five (25) feet of the TYFL, other than: a. With approval of the Design Review Board, those items listed in Section 14-10-4 of this Code; and b. Buildings and structures lawfully established on the effective date of the ordinance codified in this Section, which improvements shall be subject to Chapter 18 of this Title. D. Corrections: 1. If a property owner wishes to correct the location of a designated TYFL affecting such property owner's property, the property owner shall submit sufficient documentation to the Community Development Department to support the property owner's corrected 2 411312022 S:ICOMMUNITYDEVELOPMENTIPLANNINGIGREGIPEC CASES1211PEC21-004310RDINANCE NO. 6 SERIES OF 20201STREAM SETBACK-041322.DOCX delineation of the TYFL. The submittal shall comply with all of the following standards: a. The submittal shall include a survey stamped by a licensed Colorado surveyor. b. The survey shall include at least 3 cross sections, perpendicular to the flow of the stream, in the same vertical and horizontal datum as that referenced in the Town's data set, extending from beyond the 100 year flood line on one bank to beyond the 100 year flood line on the opposite bank and including all stream channels. The 3 cross sections shall be taken at each property boundary and the center of the property. C. The survey shall include an adequate number of elevation points for each cross section to accurately reflect the contours of the stream bed. d. The survey shall tie into National Geologic Survey control points. e. The submittal shall include a site map or aerial image showing locations of stream cross sections, and photographs of the location of each stream cross section. f. The submittal shall include a model of the TYFL using the Hydrologic Engineering Center's River Analysis System ("HEC- RAS"), stamped by a professional engineer. 2. Within 30 days of receipt of a complete submittal, the Town shall correct the location of the TYFL on the property as indicated on the submittal. E. Variances. The setbacks set forth in this Section are subject to the variance process set forth in Chapter 17 of this Title. F. Violation and Penalty: 1. It is unlawful for any person to violate any provision of this Section. 2. It is unlawful for any person to re -channel or modify Gore Creek or any of its named tributaries so as to avoid application of this Section. 3. Each separate act in violation of this Section and each and every day or portion thereof during which any separate act in violation of 3 411312022 S:ICOMMUNITY DEVELOPMENTIPLANNINGIGREGIPEC CASES1211PEC21-004310RDINANCE NO. 6 SERIES OF 20201STREAM SETBACK-041322.DOCX this Section is committed, continued or permitted shall be deemed a separate offense. 4. Violations of this Section shall be punishable as provided in Chapter 4 of Title 1 of this Code. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the 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 and the inhabitants thereof. Section 6. 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 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. Section 8. This ordinance shall take effect on January 1, 2023. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of April, 2022 and a public hearing for second reading of this Ordinance set for the day of 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Kim Langmaid, Mayor ATTEST: Tammy Nagel, Town Clerk 4 411312022 S:ICOMMUNITY DEVELOPMENTIPLANNINGIGREGIPEC CASES1211PEC21-004310RDINANCE NO. 6 SERIES OF 20201STREAM SETBACK-041322.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2022. Kim Langmaid, Mayor ATTEST: Tammy Nagel, Town Clerk 5 411312022 S:ICOMMUNITY DEVELOPMENTIPLANNINGIGREGIPEC CASES1211PEC21-004310RDINANCE NO. 6 SERIES OF 20201STREAM SETBACK-041322.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. 6, Series of 2022, Second Reading, on the Town of Vail's web site, www.vailqov.com, on the 18t" day of May 2022. Witness my hand and seal this 18t" day of May 2022. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 6 SERIES 2022 AN ORDINANCE AMENDING TITLE 12 OF THE VAIL TOWN CODE TO ESTABLISH SETBACKS FROM GORE CREEK AND ITS TRIBUTARIES WHEREAS, the Town's current stream setback, as established by Ordinance No. 19, Series of 1976, requires a minimum setback of 30 feet from the center of an established creek or stream channel and 50 from the centerline of Gore Creek; WHEREAS, the Gore Creek Strategic Plan adopted by the Town Council in 2016 identifies loss of riparian vegetation as one of the main causes of declining water quality in Gore Creek; and WHEREAS, the Town Council wishes to prevent further deterioration of Gore Creek and its named tributaries by enacting a clear, comprehensible, and enforceable set of guidelines for setbacks from Gore Creek and its tributaries. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-14-17 of the Vail Town Code is hereby repealed in its entirety. Section 2. Section 12-21-2 of the Vail Town Code is hereby amended by the addition of the following new definitions, to appear in alphabetical order: TWO-YEAR FLOOD LINE ("TYFL"): The average two-year flood line on Gore Creek and its named tributaries, as established by the data set adopted by the Town Council by resolution. Section 3. Chapter 21 of Title 12 of the Vail Town Code is hereby amended by the addition of a new Section 12-21-17, to read as follows: 12-21-17: GORE CREEK SETBACKS: A. Purpose: The purpose of this Section is to protect the public health, safety and welfare by ensuring the resiliency of Gore Creek and its named tributaries and by mitigating hazards associated with the deterioration of Gore Creek and its named tributaries. B. Applicability: This Section shall apply to all property located within twenty-five (25) feet of the TYFL, in whole or in part; provided that this Section shall not apply to any stream tract already protected by Chapter 14 of Title 5 of this Code. 1 612112022 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPISTREAM SETBACK-041322.DOCX C. Setbacks: 1. No mowing, landscaping, grading or other disturbance shall be permitted within ten (10) feet of the TYFL, other than: a. Removal of noxious weeds pursuant to Section 5-1-6 of this Code; b. With prior approval of the Vail Fire Department, removal of vegetation for purposes of fire mitigation; C. With approval of the Design Review Board, the installation and maintenance of one access path per lot or parcel, of up to four (4) feet in width, consisting of permeable materials including without limitation native soils, sand and gravel, or flagstone set in a permeable base; d. Public roadways, public bridges, public recreational paths and trails, and public parks and open spaces; e. Utility infrastructure within utility easements; f. With approval of the Design Review Board, erosion control measures, stream grade -control structures and riparian restoration activities that conform with bank stabilization best management practices; and g. Buildings, structures, fences, walls, patios, walkways, landscaping features, furniture and similar improvements lawfully existing on the effective date of the ordinance codified in this Section, which improvements shall be subject to Chapter 18 of this Title. 2. No building or structure shall be located within twenty-five (25) feet of the TYFL, other than: a. With approval of the Design Review Board, those items listed in Section 14-10-4 of this Code; and b. Buildings and structures lawfully established on the effective date of the ordinance codified in this Section, which improvements shall be subject to Chapter 18 of this Title. D. Corrections: 1. If a property owner wishes to correct the location of a designated TYFL affecting such property owner's property, the property owner shall submit sufficient documentation to the Community Development Department to support the property owner's corrected 2 612112022 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPISTREAM SETBACK-041322.DOCX delineation of the TYFL. The submittal shall comply with all of the following standards: a. The submittal shall include a survey stamped by a licensed Colorado surveyor. b. The survey shall include at least 3 cross sections, perpendicular to the flow of the stream, in the same vertical and horizontal datum as that referenced in the Town's data set, extending from beyond the 100 year flood line on one bank to beyond the 100 year flood line on the opposite bank and including all stream channels. The 3 cross sections shall be taken at each property boundary and the center of the property. C. The survey shall include an adequate number of elevation points for each cross section to accurately reflect the contours of the stream bed. d. The survey shall tie into National Geologic Survey control points. e. The submittal shall include a site map or aerial image showing locations of stream cross sections, and photographs of the location of each stream cross section. f. The submittal shall include a model of the TYFL using the Hydrologic Engineering Center's River Analysis System ("HEC- RAS"), stamped by a professional engineer. 2. Within 30 days of receipt of a complete submittal, the Town shall correct the location of the TYFL on the property as indicated on the submittal. E. Variances. The setbacks set forth in this Section are subject to the variance process set forth in Chapter 17 of this Title. F. Violation and Penalty: 1. It is unlawful for any person to violate any provision of this Section. 2. It is unlawful for any person to re -channel or modify Gore Creek or any of its named tributaries so as to avoid application of this Section. 3. Each separate act in violation of this Section and each and every day or portion thereof during which any separate act in violation of 3 612112022 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPISTREAM SETBACK-041322.DOCX this Section is committed, continued or permitted shall be deemed a separate offense. 4. Violations of this Section shall be punishable as provided in Chapter 4 of Title 1 of this Code. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the 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 and the inhabitants thereof. Section 6. 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 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. Section 8. This ordinance shall take effect on January 1, 2023. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19t" day of April, 2022 and a public hearing for second reading of this Ordinance set for the 17th day of May, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Kim Langmaid, Mayor ATTEST: Tammy Nagel, Town Clerk 4 612112022 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPISTREAM SETBACK-041322.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 17t" day of May, 2022. Kim Langmaid, Mayor ATTEST: Tammy Nagel, Town Clerk 5 612112022 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPISTREAM SETBACK-041322.DOCX