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HomeMy WebLinkAbout2022-07PROOF 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. 7, Series of 2022, First Reading, on the Town of Vail's web site, www.vailaov.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. 7 SERIES 2022 AN ORDINANCE AMENDING TITLES 12 AND 14 OF THE VAIL TOWN CODE TO AMEND THE REGULATIONS FOR BUILDING DESIGN AND LANDSCAPING IN THE WILDLAND URBAN INTERFACE TO REDUCE THE RISK OF WILDFIRE WHEREAS, each year wildfires continue to grow more destructive and impactful to communities across Colorado; WHEREAS, the Town is built in an environment that depends on wildfire to maintain a healthy ecosystem, and is therefore at high risk of encountering wildfires at any given time; and WHEREAS, a wildland-urban interface ("WUI") code is specifically designed to mitigate the risks from wildfire to life and property by regulation construction materials and methods in sch a way as to resist ignition from wildfires for a safer and more resilient community. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-11-3(C)(5) of the Vail Town Code is hereby repealed in its entirety. Section 2. Section 14-10-3 of the Vail Town Code is hereby amended as follows: 14-10-3: SITE PLANNING: A. The location and configuration of structures and accessways shall be responsive to the existing topography of the site upon which they are to be located. Grading requirements resulting from development shall be designed to blend into the existing or natural landscape. Any cuts or fills shall be sculptural in form and contoured to blend with the existing natural undisturbed terrain within the property boundary. B. Building siting and access thereto shall be responsive to existing features of terrain rock outcroppings, drainage patterns, and vegetation. C. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those essential for development of the site, those identified as diseased, those essential for creating defensible space, and those found to impact view corridors as further regulated by Title 12, Chapter 22,, "` ie Corridors", of this Code. Mitigation may be required for tree removal. 1 51512022 S:ICOMMUNITYDEVELOPMEN-nPLANNINGIGREGIPEC CASESIPEC22-00021WUI-0022522.DOCX D. All areas disturbed during construction shall be revegetated. All landscaping within the identified limits of disturbance shall comply with Section 14-10-8 of this Code. If necessary, the Design Review Board may designate allowable limits of construction activity and require physical barriers in order to preserve significant natural features and vegetation upon a site and adjacent sites during construction.. Section 3. Section 14-10-5 of the Vail Town Code is hereby amended as follows: 14-10-5: BUILDING MATERIALS AND DESIGN: A. Intent: The Town is situated within the wildland urban interface where community values intersect with the potential consequences of wildland fires. Wildland fires both big and small have the potential to destroy homes and neighborhoods within the Town. The architecture and chosen materials of a building greatly affect the survivability of that structure in the face of a wildfire. The use of Class A roof coverings and ignition -resistant building materials decrease the hazards to the individual structures Strom, UGWre as well as the surrounding homes. B. Ignition -Resistant Materials: The use of ignition -resistant building materials and designs intended to prevent the spread of fire are required; unless otheneiise �p npted by Section 1 ` -1 1 _3 of this Code. Vail Fire and urrr�.rrvcrTcrvvr�� `'^� �. �. hh'' c cc Emergency Services is available to provide more information on the use of ignition -resistant materials and designs. Predominantly natural building materials shall be used within the Town. The exterior use of wood, wood siding, native stone, brick, concrete, stucco, and EIFS may be permitted. Concrete surfaces, when permitted, shall be treated with texture and color; however, exposed aggregate is more acceptable than raw concrete. The exterior use of the following siding materials is shall be prohibited: stucco or EIFS with gross textures or surface features that appear to imitate other materials; simulated stone; simulated brick; plastic; and vinyl. 1. The exterior use of any building material, including those not specifically identified by this Section, shall only be permitted, unless otherwise prohibited by this Code, if where the Design Review Board finds: a. That the proposed material is satisfactory in general appearance, quality over time, architectural style, design, color, and texture; b. That the use of the proposed material complies with the intent of this Code; and 2 51512022 S: I COMMUNITY DEVEL OPMENTI PLANNING I GREGI PEC CASESI PEC22-00021 WUI-0022522. DOCX C. That the use of the proposed material is compatible with the structure, site, surrounding structures, and overall character of the Town. 2. This subsection f thia Para B shall apply to the construction, alteration, movement, repair, maintenance and use of any building, structure or premises within the Town, unless otherwise exempt by Section 12-11-3(C)(5) of this Code. Buildingsore rustufes Nithin the-Tewn-efNKCil ohc Code fOr nid ctrUGt--res 3. Repair or replacement of twenty-five percent (25%) or less of a deck surface or support structure is exempt from the ignition -resistant requirements of this subsection Paragraph B. 4. Repair or replacement of twenty-five percent (25% or less of a building's exterior siding is exempt from the ignition -resistant requirements of this subsection B. 4.5. Combustible siding, as defined in the Town's adopted building code Gads, may be used as long as it does not cover more than thirty- three percent (33%) of a given wall (excluding windows, doors and other openings) and may not be within five 51 feet of the ground level. Combustible siding with whiGh has a profile that may allow ember intrusion, such as wood shake or wood shingle, is prohibited. C. Same or Similar Materials: The same or similar building materials and colors shall be used on main structures and any accessory structures won the site. Translucent components of greenhouses shall be exempt from this requirement. D. Colors: Exterior wall colors should be compatible with the site and surrounding buildings. Natural colors (earth tones found within the Vail area) should be utilized. Primary colors or other bright colors should be used only as accents and then sparingly such as upon trim or railings. All exterior wall materials shall Est be continued down to finished grade thereby eliminating unfinished foundation walls. All exposed metal flashing, trim, flues, and rooftop mechanical equipment shall be anodized, painted or capable of weathering so as to be nonreflective. E. Roof Forms: The majority of roof forms within the Town Vai4 are gable roofs with a pitch of at least four feet (4') in twelve feet (12'). However, other roof forms are allowed. Consideration of environmental and climatic determinants such as snow shedding, drainage, fire safety and solar exposure should be integral to the roof design. F. Rooflines: Rooflines should be designed so as not to deposit snow on parking areas, trash storage areas, stairways, decks and balconies, or 3 51512022 S: I COMMUNITY DEVEL OPMENTI PLANNING I GREGI PEC CASESI PEC22-00021 WUI-0022522. DOCX entryways. Secondary roofs, snow clips, and snow guards should be utilized to protect these areas from roof snow shedding if necessary. G. Regulations: All structures shall have Class A roof assemblies or chall have Class A roof covering materials, as defined by the Town's adopted building code. The use of concrete tile, slate, metal, 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 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 without limitation, but n9t limited te, a standing seam). Asphalt and fiberglass shingles, when permitted, shall be designed to provide visual relief through texture, dimension and depth of appearance. For purposes of this subsection G, all parts of a mansard roof are considered "roof" and shall comply with current roofing regulations. The use of weed Wood shake, wood shingles and rolled roofing are prohibited eha4 net e permitted. Two-family dwellinqs and multi -family dwellings shall be required to have uniform roof covering materials, unless eXGept whe-R the Design Review Board determines that the materials are compatible, are integral to the architectural style of the structure, and different materials do not share any ridges or planes, but may share a valley. 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. 4 51512022 S: I COMMUNITY DEVEL OPMENTI PLANNING I GREGI PEC CASESI PEC22-00021 WUI-0022522. DOCX INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of 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 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of )2022. Kim Langmaid, Mayor ATTEST: Tammy Nagel, Town Clerk 5 51512022 S:ICOMMUNITYDEVELOPMEN-nPLANNINGIGREGIPEC CASESIPEC22-00021WUI-0022522.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. 7, Series of 2022, Second Reading, on the Town of Vail's web site, www.vailqov.com, on the 8t" day of June 2022. Witness my hand and seal this 8t" day of June 2022. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 7 SERIES 2022 AN ORDINANCE AMENDING TITLES 12 AND 14 OF THE VAIL TOWN CODE TO AMEND THE REGULATIONS FOR BUILDING DESIGN AND LANDSCAPING IN THE WILDLAND URBAN INTERFACE TO REDUCE THE RISK OF WILDFIRE WHEREAS, each year wildfires continue to grow more destructive and impactful to communities across Colorado; WHEREAS, the Town is built in an environment that depends on wildfire to maintain a healthy ecosystem, and is therefore at high risk of encountering wildfires at any given time; and WHEREAS, a wildland-urban interface ("WUI") code is specifically designed to mitigate the risks from wildfire to life and property by regulation construction materials and methods in sch a way as to resist ignition from wildfires for a safer and more resilient community. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-11-3(C)(5) of the Vail Town Code is hereby repealed in its entirety. Section 2. Section 14-10-3 of the Vail Town Code is hereby amended as follows: 14-10-3: SITE PLANNING: A. The location and configuration of structures and accessways shall be responsive to the existing topography of the site upon which they are to be located. Grading requirements resulting from development shall be designed to blend into the existing or natural landscape. Any cuts or fills shall be sculptural in form and contoured to blend with the existing natural undisturbed terrain within the property boundary. B. Building siting and access thereto shall be responsive to existing features of terrain rock outcroppings, drainage patterns, and vegetation. C. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those essential for development of the site, those identified as diseased, those essential for creating defensible space, and those found to impact view corridors as further regulated by Title 12, Chapter 22,, "` ie Corridors", of this Code. Mitigation may be required for tree removal. 1 6/8/2022 II FILESERVER20191 REDIRECTED$I SBIBBENSI DESKTOPI WUI-0022522. DOCX D. All areas disturbed during construction shall be revegetated. All landscaping within the identified limits of disturbance shall comply with Section 14-10-8 of this Code. If necessary, the Design Review Board may designate allowable limits of construction activity and require physical barriers in order to preserve significant natural features and vegetation upon a site and adjacent sites during construction.. Section 3. Section 14-10-5 of the Vail Town Code is hereby amended as follows: 14-10-5: BUILDING MATERIALS AND DESIGN: A. Intent: The Town is situated within the wildland urban interface where community values intersect with the potential consequences of wildland fires. Wildland fires both big and small have the potential to destroy homes and neighborhoods within the Town. The architecture and chosen materials of a building greatly affect the survivability of that structure in the face of a wildfire. The use of Class A roof coverings and ignition -resistant building materials decrease the hazards to the individual structures Strom, UGWre as well as the surrounding homes. B. Ignition -Resistant Materials: The use of ignition -resistant building materials and designs intended to prevent the spread of fire are required; unless otheneiise �p npted by Section 1 ` -1 1 _3 of this Code. Vail Fire and urrr�.rrvcrTcrvvr�� `'^� �. �. hh'' c cc Emergency Services is available to provide more information on the use of ignition -resistant materials and designs. Predominantly natural building materials shall be used within the Town. The exterior use of wood, wood siding, native stone, brick, concrete, stucco, and EIFS may be permitted. Concrete surfaces, when permitted, shall be treated with texture and color; however, exposed aggregate is more acceptable than raw concrete. The exterior use of the following siding materials is shall be prohibited: stucco or EIFS with gross textures or surface features that appear to imitate other materials; simulated stone; simulated brick; plastic; and vinyl. 1. The exterior use of any building material, including those not specifically identified by this Section, shall only be permitted, unless otherwise prohibited by this Code, if where the Design Review Board finds: a. That the proposed material is satisfactory in general appearance, quality over time, architectural style, design, color, and texture; b. That the use of the proposed material complies with the intent of this Code; and 2 6/8/2022 II FILESERVER20191 REDIRECTED$I SBIBBENSI DESKTOPI WUI-0022522. DOCX C. That the use of the proposed material is compatible with the structure, site, surrounding structures, and overall character of the Town. 2. This subsection f thia Para B shall apply to the construction, alteration, movement, repair, maintenance and use of any building, structure or premises within the Town, unless otherwise exempt by Section 12-11-3(C)(5) of this Code. Buildingsore rustufes Nithin the-Tewn-efNKCil ohc Code fOr nid ctrUGt--res 3. Repair or replacement of twenty-five percent (25%) or less of a deck surface or support structure is exempt from the ignition -resistant requirements of this subsection Paragraph B. 4. Repair or replacement of twenty-five percent (25% or less of a building's exterior siding is exempt from the ignition -resistant requirements of this subsection B. 4.5. Combustible siding, as defined in the Town's adopted building code Gads, may be used as long as it does not cover more than thirty- three percent (33%) of a given wall (excluding windows, doors and other openings) and may not be within five 51 feet of the ground level. Combustible siding with whiGh has a profile that may allow ember intrusion, such as wood shake or wood shingle, is prohibited. C. Same or Similar Materials: The same or similar building materials and colors shall be used on main structures and any accessory structures won the site. Translucent components of greenhouses shall be exempt from this requirement. D. Colors: Exterior wall colors should be compatible with the site and surrounding buildings. Natural colors (earth tones found within the Vail area) should be utilized. Primary colors or other bright colors should be used only as accents and then sparingly such as upon trim or railings. All exterior wall materials shall Est be continued down to finished grade thereby eliminating unfinished foundation walls. All exposed metal flashing, trim, flues, and rooftop mechanical equipment shall be anodized, painted or capable of weathering so as to be nonreflective. E. Roof Forms: The majority of roof forms within the Town Vai4 are gable roofs with a pitch of at least four feet (4') in twelve feet (12'). However, other roof forms are allowed. Consideration of environmental and climatic determinants such as snow shedding, drainage, fire safety and solar exposure should be integral to the roof design. F. Rooflines: Rooflines should be designed so as not to deposit snow on parking areas, trash storage areas, stairways, decks and balconies, or 3 6/8/2022 II FILESERVER20191 REDIRECTED$I SBIBBENSI DESKTOPI WUI-0022522. DOCX entryways. Secondary roofs, snow clips, and snow guards should be utilized to protect these areas from roof snow shedding if necessary. G. Regulations: All structures shall have Class A roof assemblies or chall have Class A roof covering materials, as defined by the Town's adopted building code. The use of concrete tile, slate, metal, 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 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 without limitation, but n9t limited te, a standing seam). Asphalt and fiberglass shingles, when permitted, shall be designed to provide visual relief through texture, dimension and depth of appearance. For purposes of this subsection G, all parts of a mansard roof are considered "roof" and shall comply with current roofing regulations. The use of weed Wood shake, wood shingles and rolled roofing are prohibited eha4 net e permitted. Two-family dwellinqs and multi -family dwellings shall be required to have uniform roof covering materials, unless eXGept whe-R the Design Review Board determines that the materials are compatible, are integral to the architectural style of the structure, and different materials do not share any ridges or planes, but may share a valley. 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. 4 6/8/2022 II FILESERVER20191 REDIRECTED$I SBIBBENSI DESKTOPI WUI-0022522. DOCX INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of May, 2022 and a public hearing for second reading of this Ordinance set for the 7th day of June, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Kim Langmaid, Mayor ATTEST: Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of June, 2022. ATTEST: Tammy Nagel, Town Clerk Kim Langmaid, Mayor 5 6/8/2022 II FILESERVER20191 REDIRECTED$I SBIBBENSI DESKTOPI WUI-0022522. DOCX