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HomeMy WebLinkAbout2023-17PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 17, Series of 2023, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 6t" day of September 2023. Witness my hand and seal this 6t" day of September 2023. Stephanie Bibbens Town Clerk ORDINANCE NO. 17 SERIES 2023 AN ORDINANCE REPEALING AND REENACTING SECTION 12-21-10 OF THE VAIL TOWN CODE, REGARDING RESTRICTED DEVELOPMENT IN HAZARD ZONES NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-21-10 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 12-21-10: DEVELOPMENT RESTRICTED: (A) The term "structure" as used in this Section does not include recreational structures that are intended for seasonal use other than residential use. (B) No structure shall be constructed in any flood hazard zone or red avalanche hazard area. (C) Structures may be constructed in blue avalanche hazard areas provided that proper mitigating measures have been taken. (D) No structure shall be constructed on a slope of forty (40) percent or greater except in the following zone districts: Housing (H), Single -Family Residential (SFR); Two -Family Residential (R); or Two -Family Primary/Secondary Residential (PS). (E) The Administrator may require an applicant desiring to build in an avalanche hazard zone of influence to submit a definitive study of the hazard area in which the applicant proposes to build, if the Town's master hazard plan does not contain sufficient information to determine if the proposed location is in a red hazard or blue hazard area. The study shall be completed in accordance with Chapter 12 of this Title. (F) The Administrator may require an applicant desiring to build in a blue avalanche hazard zone to submit a definitive study indicating whether improvements are required to mitigate the possible hazard, and if required, a description of the improvements proposed. The study shall be completed in accordance with Chapter 12 of this Title. 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. 9/8/2023 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPIHOUSING SLOPES-0082423.DOCX Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5t" day of September, 2023 and a public hearing for second reading of this Ordinance set for the 19th day of September, 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Kim Langmaid, Mayor ATTEST: Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19t" day of September, 2023. Kim Langmaid, Mayor ATTEST: Stephanie Bibbens, Town Clerk 2 9/8/2023 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPIHOUSING SLOPES-0082423.DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 17, Series of 2023, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 20t" day of September 2023. Witness my hand and seal this 20t" day of September 2023. Stephanie Bibbens Town Clerk ORDINANCE NO. 17 SERIES 2023 AN ORDINANCE REPEALING AND REENACTING SECTION 12-21-10 OF THE VAIL TOWN CODE, REGARDING RESTRICTED DEVELOPMENT IN HAZARD ZONES NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-21-10 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 12-21-10: DEVELOPMENT RESTRICTED: (A) The term "structure" as used in this Section does not include recreational structures that are intended for seasonal use other than residential use. (B) No structure shall be constructed in any flood hazard zone or red avalanche hazard area. (C) Structures may be constructed in blue avalanche hazard areas provided that proper mitigating measures have been taken. (D) No structure shall be constructed on a slope of forty (40) percent or greater except in the following zone districts: Housing (H), Single -Family Residential (SFR); Two -Family Residential (R); or Two -Family Primary/Secondary Residential (PS). (E) The Administrator may require an applicant desiring to build in an avalanche hazard zone of influence to submit a definitive study of the hazard area in which the applicant proposes to build, if the Town's master hazard plan does not contain sufficient information to determine if the proposed location is in a red hazard or blue hazard area. The study shall be completed in accordance with Chapter 12 of this Title. (F) The Administrator may require an applicant desiring to build in a blue avalanche hazard zone to submit a definitive study indicating whether improvements are required to mitigate the possible hazard, and if required, a description of the improvements proposed. The study shall be completed in accordance with Chapter 12 of this Title. 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. 8/25/2023 IIFILESERVER20191REDIRECTED$IJSPENCEIDOWNLOADSIORINANCE NO. 17, SERIES OF 2023.DOCX Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of , 2023 and a public hearing for second reading of this Ordinance set for the day of , 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Kim Langmaid, Mayor ATTEST: Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2023. Kim Langmaid, Mayor ATTEST: Stephanie Bibbens, Town Clerk 2 8/25/2023 IIFILESERVER20191REDIRECTED$IJSPENCEIDOWNLOADSIORINANCE NO. 17, SERIES OF 2023.DOCX