HomeMy WebLinkAbout2007-09-18 Support Documentation Town Council Work SessionMEMORANDUM
To: Town Council
From: Kathleen Halloran
Date: September 4, 2007
Subject: Draft 2008 Budget Proposal
We are attaching the following documents for your review and discussion on Tuesday. These
documents are an update to the information provided on August 21S`. On September 18, we will
return with the first reading of the 2008 budget ordinance.
• 2008 Budget Timetable
• General Fund expenditures by department
• Summary of Revenue, Expenditures, and Changes in Fund - 2008 Proposed Budget
Compared with Prior Years for all Funds
• Contribution Requests worksheet
• Contribution Requests -staff recommendations
GENERAL FUND
The General Fund supports the town's basic municipal operations. The attached General
Fund budget proposal has been amended and now reflects revenue over expenditures of
$216,476 (first draft was $210,483). The. fund balance is projected to be $14.9 million at
the end of 2008, representing 50.6% of revenue. 35% was the Council directive in prior
years as the minimum fund balance during redevelopment.
During the budget process, the town manager directed the following goals:
• Limit of 2.5% for increases to operations other than compensation
• 5% performance-based merit increase pool for salaries & wages
• Maintain at or near 40% ratio of benefits cost to base salary expense for full-time
employees
All three goals were met. In total, the 2008 budget is a 9.9% increase from the original
2007 budget. A majority of this increase is due to anticipated construction fees (the town
receives revenue from major development projects and then contracts out building
inspections and/or plan check fees). Without this item, the true increase from the original
2007 budget is 5.4% including both operations and compensation, and a 1.2% decrease
from the recently supplemented 2007 budget.
In response to Councilman Logan's request for a backup plan in case the economy falters
in 2008 and the town's revenues do not meet budget, staff has identified several
strategies. Revenue, particularly sales tax, is monitored monthly and a projected shortfall
should be recognized fairly quickly. Depending upon the timing and magnitude of the
projected shortfall, one of the following strategies or a combination of several strategies.
could be implemented: reduce the General Fund balance, but not below the targeted 35%
of revenue; defer capital expenditures; review the need for fixed-term positions and
contractors supporting redevelopment activity; reduce council contributions and/or do not
consider any off-cycle contributions; reduce service levels including bus schedules,
landscaping, street cleaning, trash removal, etc.; and re-evaluate merit increases.
Since our last discussion of the General Fund budget, we have been asked to consider
additional funding for the Teva Mountain Games. USA Climbing informed Untraditional
Marketing (UM) the second week of August''07 that the Climbing Wall World Cup had
been awarded to Vail. Originally, UM was going to ask the Commission on Special
Events (CSE) for cash funding of $110,000 ($90,000 was awarded in 2007); due to this
additional award of the World Cup, UM is now requesting another $50,000, bringing the
cash funding to $160,000 and in-kind of $9,500. In addition to the funding request is the
need for a permanent location for a climbing wall in order to secure a longer term hosting
of the Climbing Wall World Cup.
The CSE heard this presentation on August 28th and endorsed funding from the Council.
Staff is currently evaluating this request in coordination with the CSE and the VRD (for a
climbing wall location), and will include a recommendation in the first reading of the
Town Manager's budget. on September 18th.
CAPITAL PROJECTS FUND
Since the 5 & 15 year presentation of capital expenditures, several revisions have been
made to the 2008 Capital Projects Fund budget, including the effect of the 2nd
supplemental appropriation in 2007. We have currently budgeted for a fund balance of
$16,920 at the end of 2008.
In order to reach this positive balance, the following adjustments were made:
• A larger portion of sales tax was budgeted in revenue (40% as opposed to 37%).
• The majority of construction cost (and related financing) for a third fire station
was delayed unti12009; however, funding for planning and design remain in
2008.
• The use of buy-down funds ($365K) as well as the general fund contribution
($200K) offset the purchase of employee housing units (included in the 2007
supplemental).
• A $400K renovation of the vehicle wash was removed from the 2008 budget.
REAL ESTATE TRANSFER TAX (RETT) FUND
The RETT fund is budgeted to have a fund balance of $6.8 million by the end of 2008,
representing 78% of revenue.
Since the 5 & 15 year presentations of capital expenditures, the only adjustment was an
increase to the Forest Health budget of $110,000 to provide for an additional 7 weeks of
manpower for tree removal. The total Forest Health budget is proposed at $360,000 for
2008.
2
VAIL MARKETING FUND
Business license fees provide the revenue for this fund, which is restricted to marketing
Vail. Revenue is expected to be flat with the 2007 budget as new businesses offset
closures from redevelopment. Accordingly, expenditures for marketing through the
Commission on Special Events (CSE) are flat at $280,000.
DEBT SERVICE FUND
This fund is used to manage principal and interest on the town's outstanding debt. Funds
are transferred from the Capital Projects Fund to meet annual debt service requirements
and to cover the next upcoming principal and interest payments on the 1998A and 2002B
bonds.
HEAVY EQUIPMENT FUND
This is an internal services fund that manages the maintenance and repair of town
vehicles and equipment and the purchase of replacement vehicles other than buses and
fire trucks. Costs are charged back to departments based on their use of the vehicles and
equipment. A 5.6% increase in charges back to the departments (and a 10% increase in
overall expenditures) is attributable to fluctuating fuel costs and an increase in the
amount of funds being set aside for future vehicle replacements.
HEALTH INSURANCE FUND
This internal services fund manages the costs of providing health and short-term
disability insurance to employees. Net costs are charged to departments as employee
benefits. Since the town is self-insured on these items, a sufficient fund balance is
maintained to absorb extraordinary claims.
DISPATCH SERVICES FUND
This is an enterprise fund, e.g., more than half of its revenue is from sources outside of
the town, managing emergency communications for all of Eagle County. The county and
911 Board currently fund six dispatcher positions and a systems engineer.
Town of Vail
Proposed 2008 Budget Timetable
Budget Guidelines
Presentation of 2006 audit report to Council 06/05/07 Completed
Council discussion of budget timetable 8~ philosophies 06/05/07 Completed
Guidelines distributed to department heads 06/06/07 Completed
Council discussion of Off-Cycle Contribution Requests 06/19/07 Completed
Staff prepares departmental budgets 06/11/07, to 06/29/07 Completed
Town Manager reviews departmental budgets 07/09/07 to 07/27/07 Completed
Council discussion of major revenue items 07/17/07 Completed
2007/2008 parking task force meeting TBD
Capital budget request for county funds submitted TBD
Council discussion of 15 8~ 5-year Capital plan 08/07/07 Completed
Council discussion of 15 & 5-year RETT plan 08/07/07 Completed
Council review of first draft of Town Manager's budget 08/21/07 Completed
Council review of second draft of Town Manager's budget 09/04/07
Council review of Vail Reinvestment Authority 10/16/07
Budget Documentation and Reporting
First reading of 2006 Supplemental Number Two 08/21/07 Completed
Second reading of 2006 Supplemental Number Two 09/04/07
First reading of 2007 budget ordinance 09/18/07
Second reading of 2007 budget ordinance 10/02/07
First reading of mil levy certification ordinance 11/20/07
First reading of 2006 Supplemental Number Three 12/04/07
Second reading of mil levy certification ordinance 12/04/07
Second reading of 2006 Supplemental Number Three 12/18/06
Mil levy certification deadline to Eagle County 12/15/07
Budget book submission (to State) 01/31/08
-4-
2008 Budget Analysis -General Fund
Current Revenue Projection: 2007 2008
at 60/40 split: 29,430,002
at 63/37 split: 26,502,892
Expenses (excl. staffing): 2007 2008 %age Var Comments
Town Council 77,568 80,250 3.5%
Town Attorney 81,603 83,736 2.6%
Court 18,894 19,371 2.5%
Town Manager 240,272 137,800 -42.6% Funds transferred to Economic Development department
Finance 135,939 156,757 15.3% $17K in add'I Treasurer fees - %age of property taxes paid to County
Sales Tax 13,670 14,012 2.5%
Risk Management 420,135 431,588 2.7%
Information Systems 346,442 352,342 1.7%
Town Clerk 32,500 51,122 57.3% $15K increase to publication of legal notices (budgeting same as 2006 actual)
Comm Info /Public Relations 171,990 127,750 -25.7% $21 K moved to Econ Dev budget; $25K resident survey not planned for 2008 (every 2 years)
Human Resources 204,745 249,910 22.1 % $10K retirement bonuses; incr recruiting budget $8K; $7.5K educ; $12K bus passes
Administration 163,185 167,823 2.8%
Com Dev Admin 42,614 46,970 10.2% Combined all Comm Dev depts for telephone expense (offset by decr. in other depts)
Planning 38,844 38,851 0.0%
Planning Projects 6,000 6,000 0.0%
Building 319,964 1,460,965 356.6% $1.2M incr. in construction fees -relates to $2.1M in revenue
Enviro Health 40,536 1,950 -95.2% Consolidated Environmental projects
EH Projects 12,000 - -100.0% Consolidated Environmental projects
Housing 13,829 14,172 2.5%
Housing Rentals 109,593 1'23,119 12.3% Increased condo dues & trash removal for newly purchased units
Police 513,299 522,398 1.8%
Fire 97,192 101,639 4.6% $2.3K increase in Haz Matto RHMAEC (Eagle Cty); based on ann'I budget
Fire Prevention 70,182 81,949 16.8% $10K for training and certifications
Public Works Admin 54,176 55,230 1.9%
Public Works Streets 291,900 300,610 3.0%
Transit Administration 121,188 122,888 1.4% '
Transit Bus Routes 10,000 10,000 0.0%
Parking 156,785 154,530 -1.4% Will save $30K on maintenance of equip with new equip for'07; bank fees up $25K
Facilities 1,650,085 1,677,600 1.7% Incr. in natural gas; streetscape heat $28K; offset by limited/no increases in other accts
Donovan Pavilion 199,348 202,570 1.6% Based on contract (thru '09) and small incr. in utilities, etc.
Library 333,372 338,212 1.5%
Contributions 451,250 472,050. 4.6% Not including $150K requested for International Cycle Classic
CSE (w/o staffing) 470,000 485,990 3.4% Assumes 2.5% increase less $280K covered by the Marketing Fund
Information Center 207,414 212,300 2,4%
Economic Development 66,762 Includes $30K for programs and transfer of $21 K from Communications budget
Line Item Budget 7,150,677 8,369,21.5
Dispatch Charges to GF 512,427 535,657 4.5%
HEF Charges to GF 2,578,141 2,722,793 5.6% Some increases due to fuel and vehicle parts
Staffing (incl. benefits) 16,340,668 17,585,861 7.6% Benefits at 40.3%; merit increase at 5%
Total Expenses: 28,581,913 29,213,526 9.9%
Revenue Over (Under) Expend itures 216,476
Beginning Fund Balance (as of 2 nd Supp) 14,686,181
n ing Fund Ba ante 60 40 14,9 57
Fund Balance to Revenue 50.6%
5-
TOWN OF VAIL 2008 BUDGET PROPOSAL
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
GENERAL FUND
2007
2007 Proposed 2008-
2006 Original Amended Proposed
Actual Budget Budget Budget
2nd Draft
Fav (Unfav)
vs 2007
Amended
Revenue
Local Taxes:
Sales Tax Split b/t Gen'I Fund & Capital Fund 52/48 63/37 60/40
Sales Tax
Property and Ownership
Ski Lift Tax
Franchise Fees, Penalties, and Other Taxes
Licenses & Permits ,
Intergovernmental Revenue
Transportation Centers
Charges for Services
Fines & Forfeitures
Earnings on Investments
Rental Revenue
Miscellaneous and Project Reimbursements
Total Revenue
$ 9,345,660 $ 10,741,500 $ 10,741,500 $ 11,640,000
2,931,347 3,007,998 3,007,998 3,843,500
2,975,098 2,890,000 2,890,000 3,123,852
884,328 807,000 807,000 826,110
3,561,757 1,883,550 2,779,550 2,353,950
1,477,270 1,283,200 1,348,900 1,366,800
4,099,674 3,685,380 3,685,380 3,736,380
667,423 752,856 773,008 816,410
286,197 201,500 201,500 215,000
820,136 425,000 795,000 675,000
827,280 754,908 737,220 763,000
501,698 70,000 70,000 70,000
28,377,868 26,502,892 27,837,056 29,430,002
$ 898,500
835,502
233,852
19,110
(425,600)
17,900
51,000
43,402
13, 500
(120,000)
25,780
0
1, 592, 946
Expenditures
Salaries
Benefits
Subtotal Compensation and Benefits
11,347,540 12,099,741 12,169,578 13,106,222
3,798,569 4,240,927 4,242,280 4,479,639
15,146,109 16,340,668 16,411,858 1.7,585;861
(936,644)
(237,359)
(1,174,003)
Contributions and Special Events 952,290 1,176,664 1,464,664 1,170,340 294,324
All Other Operating Expenses 5,644,388 5,974,016 7,394,336. 7,198,876 195,460
Heavy Equipment Operating Charges 1,765,937 1,946,418 1,946,418 2,093,149 (146,731)
Heavy Equipment Replacement Charges 571,135 631,723 631,723 629,643 2,080
Dispatch Services 525,994 512,427 512,427 535,657 (23,230)
Total Expenditures 24,605,853 26,581,916 28,361,426 29,213 526 (852,100)
Revenue Over (Under) Expenditures
Transfer to Capital Projects Fund
Transfer to RETT
Beginning Fund Balance
Ending Fund Balance
3,772,015 (79,024) (524,370) 216,476 740,846
(2,000,000> (222,500>
(12,772)
13,673,808 12,664,969 15,433,051 14,686,181
$ 15,433,051 $ 12,585,945 $ 14,686,181 $ 14,902,657
-6-
2nd Draft
TOWN OF VAIL 2008 BUDGET PROPOSAL
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
Blue =New requests
2007 Green =Cost increases/adjustments
2007 Proposed 2008 Yellow =Timing change
2006 Original Amended Proposed
Actual Budget Budget Budget Project Information
Revenue
Sales Tax $ 8,641,136 $ 6,308,500 $ 7,658,500 $ 7,760,000 40% of total sales tax projections
Federal Grant Revenue 1,739,052 - 50,617 815,577 Bus replacement in 2008
Lease Revenue 179,910 187,800 187,800 187,800 Lease revenue from Ciry Market & employee housing
Project Reimbursement 977,590 194,369 CDOT Reimbursement for Street R&M
Eagle County Grant Revenue - 500,000 West Vail Fire Station
Earnings on Investments and Other 667,918 43,000 417,500 10,850 07 incl. $174.5 from sale of Vail Heights unit; '08 based on 4.95% return
Total Revenue 12,205,606 6,539,300 9,008,786 8,774,227
Expenditures
Land Purchases
Vail Heights Unit 280,000 Purchase of employee housing unit
Pitkin Creek Unit 462,125 Purchase of employee housing unit
East Vail Lodging Unit 172,550 Purchase of employee housing unit
Wendy's Property 26,561 2,022,000 Cost of land and associated surveys, soil tests, attorney fees, etc.
Capital Maintenance Expenditures
Bus Shelters 1,762 30,000 30,000 10,000
Parking Structures 636,746 455,000 481,129 935,000 '08 elevator replacmnt; significant structural repairs 'OS
Facilities 111,261 446,000 744,627 400,000 Various facilities improvements
'08: to replace 20-yr old roads during water district project (tearing up roads to
Capital Street Maintenance 1,578,531 830,000 830,000 1,625,000 replace water lines); Curb & gutter repair at W.Vail round-about to coincide with
CDOT 's overlay of round-abouts and frontage roads.
Dobson Ice Arena 7,900
Street Light Improvements 61,778 75,000 80,099 75,000 Add new street lights and refurbish residential lighting program
Fire infrastructure improvements 3,035 2,000,000 117,229 250,000 Masterplan and design costs for W. Vail Fire Station; Shifted construction of W Vail
'
station to
09
Fire Truck Rebuild /Refurbish 238,648 588,000 589,352 520,000 50% pumper and refurbish Aerial Pumper'07, '08 Fire truck W. Vail
Patrol Car Video Cameras 45,000 - 8,000 Equip will be out of warranty in '08; repair /replacement & software upgrades
Jail Video System Upgrade 12,000 12,000 23,000 Replace video system & establish core system for future security add-on (2013)
Police Radio AMP in parking structures 50,000 50,000 To allow for radio coverage in lower levels of parking structures -safety issue
Contract position and scanner mtce for current ~ future imaging -annual cost of
Document Imaging 18,219 97,000 97,000 350,000 $92K; Add'I $258K requested for'08 is cost for historical documents to be done by
3rd party
2008 for Windows automatic update for server "WSUS" ;Upgrade Microsoft
Software Licensing 59,384 - 8,500 products (Vista) on all equipment, replacement PC's, server upgrades, AS400.
These upgrades should occur every 3-5 years
Computer Software/Hardware 83,830 72,000 88,000 43,000 Scheduled rotation of PCs, printers and servers
Comm Dev Interactive Permit software 65,000 65,000 Allows customers to order inspections and review results online
Fire Suppression in Computer Rooms 35,500 35,500
2nd graft
TOWN OF VAIL 2008 BUDGET PROPOSAL
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
Blue =New requests
2007 Green =Cost increases/adjustments
2007 Proposed 2008 Yellow =Timing change
2006 Original Amended Proposed
Actual Budget Budget Budget Project Information
Website and e-commerce 4
984 20
000 20
000 12,000 Internet security 8 application interfaces; 2008 webcam for streaming video of
, , , Council meetings
Vehicle Expansion 45,317 44,800 44,800 '07 CEO vehicle & truck for Public Works
Donovan Park Pavilion 29,634 Rollover from 2006
Gymnastics Facility 6,388 5,612 Red Sandstone facility
Flammable storage / Mag Chloride secondary containmt 24,000 Flammable storage cabinets,Mag Chloride secondary containment
Fiber Optics in Buildings 12,044 15,000 15,000 15,000 Cabling /Network Infrastructure
Way Finding Improvements 13,363 9,896 30,000 2008: variable message sign central control software
Buy-down Program 100,000 - 100,000
E Vail Radio Tower - - 5,000 Tower used for dispatch systems
Rational Nexus Study 16,501 1,999
Building Remodels 50,000 50,000 On-going minor remodels of various Town facilities
Networking upgrades /new UPS for computer room 45,000 45,000 32,000 Computer network systems -based on replacement cycle every 3-5 years
CAD/RMS 66,778 92,500 92,500 43,000 County wide Computer Aided Dispatch/Records Mgmt System
Maintenance Paid for by Capital Fund 3,003,569 5,122,800 3,566,277 4,484,500
Capital Replacement Expenditures
West & East Meadow Drive
East Meadow Drive-streetscape Heat
Village streetscape
Neighborhood Road Reconstruction
Neighborhood Bridge Reconstruction
Fire Breathing Apparatus
Parking Equipment Replacement
800 Radio Equipment
Heavy Duty Tire Changer (22 yrs old)
Generator
GPS for Buses
Office Equipment
Replace Buses
Replacement Paid for by Capital Fund
Other Improvements
-70 Noise
TOV Strategic Planning
West Vail Area Plan
LH Parking Structure RFP Process
Timber Ridge Legal/Zoning
Timber Ridge Loan
Savings of $150K in'07; '08 to construct streetscape, drainage, etc. from Library to
957,264 1,100,000 950,000 1,720,000 Main Vail Fire Station;
965,000 1,180,000 1,030,000 Per Council's request 9/21/04; Savings of $150K reflected in 2007
2,215,559 1,276,667 Savings of $500K reflected in 2007
- 150,000 Overhaul residential streets; shifted design costs to'OS from '09
- 75,000 Overhaul residential bridges; shifted design costs to '08 from '09
30,959 - - Replacement of cylinders/compressor
- 390,348 Equip replacement of $400K moved up to 2007 from 2009
- 495,500 Replacement of 1998 radios for PW, Fire, PD
17,500 17,500
75,000 Replace emergrency generator for PD & Municipal Bldg
18,160 52,750
17,000 17,000 14,635 '07 New copier for Comm Dev; '08 GIS equip for PD and postage machine Admin
2,231,337 3,842,605 -
6,418,279 2,314,500 7,651,870 2,455,135
4,634 250,000 837,575 250,000
79,796 150,000 167,920 Carryover from '07 for implementation of Vail 2020 action steps
34,342 27,300
40,201 126,299 Legal and consulting fees; Future costs expected to be reimbursed by developer
12,442 32,558 Legal and consulting fees; Future costs expected to be reimbursed by developer
925,000
TOWN OF VAIL 2008 BUDGET PROPOSAL
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
Lionshead Improvements
Intermodal Site
Total Other Improvements
Discretionary Projects
Bio-Mass Study
Total Discretionary Proiects
otal Expenditures
W. Vail Station Bonds
Main Vail Renovations Bonds
W. Vail Station Debt Service
Main Vail Renovations Debt Service
Transfer for Debt Service
Transfer From General Fund
Transfer to General Fund
Total Financing
Revenue Over (Under) Expenditures
Transfer from General Fund
Transfer from Dispatch Fund
Beginning Fund Balance
Ending Fund Balance
Blue =New requests
2007 Green =Cost increases/adjustments
2007 Proposed 2008 Yellow =Timing change
2006 Original Amended Proposed
Actual Budget Budget Budget Project Information
86,627 89,764 Design costs to implement Town improvements: Construction costs for LH
Redevelopment will be funded from developer contributions, TIF & other source:
Expense in 2012; Federal funding included in revenue over a 3-year period at
$1.85M per year
258,042 400,000 2,206,416 250,000
50,000 50,0~(iC
50.000 50.000
10,001,996 7,887,300 16,411,238 7,189,635
2,000,000 -
(57,213) -
(2,236,200) (2,322,497) (2,322,497)
2.000.000 222.500
Certificates of Participation (GOP's) 25 year term
(GOP's) 15 year term
(236,200) (379,710) (2,099,997) (2,321,825)
1,967,410 (1,727,710) (9,502,449) (737,233)
8,289,192 3,151,373 10,256,602 754,153
10,256,602 $ 1,423,663 $ 754,153 $ 16,920
2nd Draft
TOWN OF VAIL 2008 BUDGET PROPOSAL
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX FUND
2007 Blue =New requests
Green =Cost increases/adjustments
2007 Proposed 2008 Yellow =Timing change
2006 Original Amended Proposed
Actual Budget Budget Budget Project Information
REVENUE
Real Estate Transfer Tax $ 6,239,744 $ 8,179,952 $ 7,300,000 $ 8,230,000 Arrabelle shifted from 2007 to 2008
Federal Grant -
Golf Course Lease 113,622 123,018 123,018 126,708
Lottery Revenue 26,580 20,000 20,000 20,000
Project Reimbursements 102,060 150,000 399,065 _ VRD ADA compliance & Greenplay, Cascade Village, Holy Cross; $200K VA and $127.7K
private contributions for Seibert Circle project
Earnings on Investments and Other 427,721 57,000 360,000 200,000
Recreation Amenity Fees 117,502 125,000 125,000 125,000
Total Revenue 7,027,229 8,654,970 8,327,083 8,701,708
EXPENDITURES
RETT Collection Costs 296,290 408,998 365,000 411,500 5% of RETT Collections -fee remitted to the General Fund for administration
Park, Path & Landscape Maintenance 1,075,523 1,260,802 1,260,802 1,253,900 Ongoing path, park and open space maintenance, project mgr
Rec. Path Capital Maint 64,145 216,300 234,837 222,789 Capital maintenance of the town's rec. path system
Tree Maintenance 54,855 87,000 104,796 60,000 Regular maintenance for tree health within the town (spraying, removing, new trees)
Forest Health Management 206,863 250,000 385,325 360,000 Pine beetle mitigation in conjunction w/ forest service; increased duration in 2008
VRD Agreements /Recreation Master Plann 57,556 50,000 52,444 50,000 '08 Legal counsel for negotiations and re-writing of VRD leases.
Street Furniture Replacement 64,886 20,000 20,000 20,000 Additions and replacement of street furniture
ADA Compliance w/ VRD 43,152 50,000 126,848 - Shared costs with VRD -recreational facilities
Katsos Ranch Bike Path 24,058 750,000 1,225,943 - Resurface rec path from Sunburst to E. Vail
Cascade Bike Path 213,553 7,000 - Widen recreation path from W. Haven to tennis courts
Westhaven Pedestrian Bridge 94,620 - -
Timber Ridge-Buffehr Creek Rd separation 675,000 675,000 - From TimberRidge to Roost
Streamwalk DA & Safety improvements - 225,000
Trailhead Development 18,119 21,000 27,273 22,100 Improve trailheads
Village Streetscape Design & Implement 1,250,000 - -
Meadow Drive Streetscape 1,042,027 920,000 720,000 1,250,000 '07 savings of $200K; '08 West Meadow Drive (Library to Vail Road)
Frontage Road Bike LaneslTrails - 1,275,000 Construct widened 6' shoulders along all frontage roads; first priority is Blue Cow Chute to
East Vail; path from Vail Mtn School to E. Vail exit
Raw Water /Irrigation Control 4,669 10,388 Convert parks from treated water to raw water
Stream Tract Incursion Survey 34,881 30,000 Suvey along Gore Creek
Big Horn Park Improvements 123,241 216,756 Fund Path from Red Sandstone Pedestiran Brdg to Roundabout
Red Sandstone Park -Per Safety plan 58,000 58,000 425,000 Reconstruction of playground per safety plan; 20 years old ($39K incr. from original budget)
Retrofit Park Restrooms - 3 seasons 27,598 172,404 '09 Tear down and rebuild (and enlarge) Ford park restroom
Park /Playground Capital Maintenance 5,659 100,000 100,000 105,000 To maintain playgrounds, restrooms, etc.
Public Art 102,505 75,000 260,909 75,000 To purchase sculptures, artwork, etc.
Art in Public Places 59,748 66,000 66,000 62,167 AIPP salary and operating expenses related to RETT
Bear Proof Containers 180,000 199,500 - In TOV parks &trailheads; '07 bring our cans into compliance
Alpine Garden Support 50,000 54,080 54,080 60,000 Annual support (based on staff recommendation within contribution requests)
Black Gore Creek Sand Mitigation 65,000 100,000 135,000 100,000 Annual support {based on staff recommendation within contribution requests)
Seibert Circle 46,611 1,099,095 Remainder of original budget $745K; $127.7K collected in donations and $200K VA
10
2nd Draft
Donovan Park
White Water Park
Gore Creek Promenade Bridge
Skate Park
Kayak Take-out
Vail Memorial Park
Booth Creek Playground
Ford Park Master Plan -Improvements
Lionshead park
Landscape Medians
Public Restrooms
Environmental Sustainability
Turf Topdresser
Greenhouse
Open Space Land Acquisition
Capital Paid for by RETT Funds
Discretionary Projects
Recreation Master Planning
Dobson Ice Arena
Ford Park /Tennis Center Improvements
Total Discretionary Projects
TOWN OF VAIL 2008 BUDGET PROPOSAL
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX FUND
Blue =New requests
2007 Green = Cost increasesladjustments
2007 Proposed 2008 Yellow =Timing change
2006 Original Amended Proposed
Actual Budget Budget Budget Project Information
519 49,050 Xeric garden '07
25,132 376,000 Funds 3rd hole /bladder system at Whitewater Park -per Council's approval
238,400 -
400,000
10,000
50,000
422,000
100,000 100,000 1,500,000
139,000 139,000 928,000
570,000 570,000 -
250,000 250,000 250,000
12,000 12,000 -
100,000 100,000 -
242,428 551,019 -
5,547,157 6,935,180 10,169,350 8,685,456
Per councils request 10/19/04
Related to Project reimbursement revenue above
Part of council's contributions
Entire park is budgeted for full re-development in 2011; Re-scheduled playground
improvements to coincide.
Resulting from Recreation Master plan (parking, recreation buildings); Left entry lane; Re-
master Ford Park b/c of parking potential
New park -location currently being investigated
Frontage road medians
Restrooms at W. Meadow Drive & Vail Road -pushed to 2009 to coincide with construction
of W. Vail Fire Station
Wind power; Green programs; Recycling, etc.
New and expanded greenhouse
$9.5K for concept design and $95K for final design of recreation asset improvements
104, 500
- 77,200 Based on estimates from Borne Engineering
56,000 56,000 62,000 Based on estimates from Borne Engineering
- 56,000 160,500 139,200
Total Expenditures 5,547,157 6,991,180 10,329,850 8,824,656
Revenue Over (Under) Expenditures 1,480,072 1,663,790 (2,002,767) (122,948)
Transfer from General Fund 12,772
Beginning Fund Balance 7,463,545 4,444,006 8,956,388 6,953,621
Ending Fund Balance $ 8,956,389 $ 6,107,796 $ 6,953,621 $ 6,830,673
11
2nd Draft
TOWN OF VAIL 2008 BUDGET PROPOSAL
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
VAIL MARKETING FUND
Revenue
Business Licenses
Earnings on Investments
Total Revenue
Expenditures
Commission on Special Events
Collection Fee -General Fund
Total Expenditures
Revenue Over (Under) Expenditures
Beginning Fund Balance
Ending Fund Balance
2007 2008
2006 Original Proposed
Actual Budget Budget
$ 301,861 $ 304,000 $ 304,000
3,538 - -
305,399 304,000 304,000
280,000 280,000 280,000
15,093 15,200 15,200
295,093 295,200 295,200
10,306 8,800 8,800
36,211 45,011 53,811
$ 46,517 $ 53,811 $ 62,611
DEBT SERVICE FUND
Revenue
Transfer from Capital Projects Fund
Earnings on Investments and Other
Total Revenue
Expenditures
Principal
Interest Expense
Fiscal Agent Fees
Total Expenditures
Revenue Over (Under) Expenditures
Beginning Fund Balance
Ending Fund Balance
2007 2008
2006 Original Proposed
Actual Budget Budget
$ 2,236,200 $ 2,322,497 $ 2,321,825
25,757 - _
2,261,957 2,322,497 2,321,825
1,755,000 1,810,000 1,890,000
562,323 512,099 432,396
900 2,500 2,500
2,318,223 2,324,599 2,324,896
(56,266) (2,102) (3,071)
305,522 221,898 219,796
$ 249,256 $ 219,796 $ 2'16,725
-12-
2nd Draft
TOWN OF VAIL 2008 BUDGET PROPOSAL
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HEAVY EQUIPMENT FUND
2007
2007 Proposed 2008
Revenue
Town of Vail Interagency Charge
Insurance Reimbursements & Other
Earnings on Investments
Equipment Sales and Trade-ins
Total Revenue
Expenditures
Salaries & Benefits
Operating, Maintenance & Contracts
Capital Outlay
Total Expenditures
Revenue Over (Under) Expenditures
Beginning Fund Balance
Ending Fund Balance
2006 Original Amended Proposed
Actual Budget Budget Budget
$ 2,413,781 $ 2,578,141 $ 2,578,141 $ 2,722,793
59,207 37,900 37,900 38,800
49,500 8,000 8,000 65,000
20,287 49,330 49,330 133,530
2,542,775 2,673,371 2,673,371 2,960123
789,002 926,331 926,331 984,429
1,091,844 987,873 987,873 1,180,450
277,823 671,300 671,300 686 300
2,158,669 2,585,504 2,585,504 2 851 179
384,106 87,867 87,867 108,944
1,001,277 1,292,685 1,385,383 1,473,250
$ 1,385,383 $ 1,380,552 $ 1,473,250 $ 1,582,194
HEALTH INSURANCE FUND
2007
2007 Proposed 2008
2006 Original Amended Proposed
Actual Budget Budget Budget
Revenue
Town of Vail Interagency Charge -Premiums $ 1,856,000 $ 2,242,900 $ 2,242,900 $ 2,242,900
Employee Contributions 226,805 241,600 252,200 241,600
Insurer Proceeds 368,723 5,000 152,000 .5,000
Earnings on Investments 50,431 27,200 33,500 27,200
Total Revenue 2,501,959 2,516,700 2,680,600 2,516,700
Expenditures
Health Inuurance Premiums 296,956 299,400 299,400 299,400
Claims Paid 2,030,357 2,143,800 2,772,000 2,143,800
Short-term Disability Pay 53,727 56,000 40,000 56,000
Professional Fees 17,500 17,500 17,500 17,500
Total Expenditures 2,398,540 2,516,700 3,128,900 2,516,700
Revenue Over (Under) Expenditures 103,419 - (448,300) -
Beginning Fund Balance 905,854 475,154 1,009,273 560,973
Ending Fund Balance $ 1,009,273 $ 475,154 $ 560,973 $ 560,973 .
-13-
2nd Draft
TOWN OF VAIL 2008 BUDGET PROPOSAL
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
DISPATCH SERVICES FUND
2007
'2007 Proposed 2008
2006 Original Amended Proposed
Actual Budget Budget Budget
Revenue
E911 Board Revenue $ 473,939 $ 563,654 $ 563,654 $ 582,183
Interagency Charges 863,644 901,858 901,858 956,694
Town of Vail Interagency Charge 525,994 512,427 512,427 535,657
Earnings on Investments 29,320 - _ _
E911 BOARD Capital Grant 24,092 - _ _
Project Reimbursement - - 72,000 -
Other 27,766 _
Total Revenue 1,944,755 1,977,939 2,049,939 2,074,534
Expenditures
Salaries & Benefits 1,289,334 1,470,322 1,470,322 1
559
641
Operating, Maintenance & Contracts 365,966 475,119 475,119 ,
,
534
467
Capital Outlay 15,391 50,000 122,000 ,
50,000
Total Expenditures 1,670,691 1,995,441 2,067,441 2,144,108
Revenue Over (Under) Expenditures - (17,502) (17,502) (69,574
Transfer to Capital Projects Fund
Transfer from General Fund
Beginning Fund Balance 269,122 329,044 543,186 525,684
Ending•Fund Balance $ 269,122 $ 311,542 $ 525,684 $ 456,110
-14-
2nd Draft
TOWN OF VAIL 2008 BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
CONFERENCE CENTER FUND
Revenue
Taxes
Sales Tax
Public Accomodations Tax
Penalties and Interest on Delinquent Taxes
Subtotal Taxes
Other
Earnings on Investments
Total Revenue
Expenditures -General Government
Management Fee
General Supplies and meetings
Capital Outlay
Total Expenditures
Revenue Over (Under) Expenditures
Beginning Fund Balance
Ending Fund Balance
2007 2007 2008
2006 Original Amended Proposed
Actual Budget Budget Budget
384,024 300,000 300,000 425,000
384,024 300,000 300,000 425,000
384,024 300,000 300,000 425,000
8,237,877 8,512,877 8,621,901 8,921,901
$ 8,621,901 $ 8,812,877 $ 8,921,901 $ 9,346,901
-15-
Town of Vail
Employee Benefits
2008 Budget Proposal
$ % Salary
Full-Time Regular Employees
Fee Based
Health Insurance
Group Term Life and Accidental Death Insurance
Long-term Disability Insurance
Survivor's Life Insurance
Short-term Disability Insurance
Wellness Benefit
Sworn Officer Death and Disability Insurance
Subtotal Fee Based
Payroll Based
Pension Contribution
Medicare
Workers' Compensation Insurance
Unemployment Compensation Insurance
Subtotal Payroll Based
Total Full-Time Benefits
Part-Time and Seasonal Employees
Fee Based
Wellness
Payroll Based
Pension contriburion
Medicare
Workers' Compensation Insurance
Unemployment Compensation Insurance
Subtotal Payroll Based
Total Part-Time and Seasonal Benefits
Total Benefits -All Employees
2,452,561 18.7%
76,500 0.6%
60,000 0.5%
74,000 0.6%
40,000 , 0.3%
96,000 0.7%
62,000 0.5%
2,861,061 21.8%
1,962,069 15.0%
190,150 1.5%
230,600 1.8%
39,300 0.3%
2,422,118. 18.5%
5,283,179 40.3%
75,900 4.5%
25,049 1.5%
24,214 1.5%
29,400 1.8%
5,010 0.3%
83,673 5.0%
159,573 9.6%
5,442,752 36.8%
Benefits o~2~0~ - ~ 6 - 8/30/2007
2008 Contribution Request Spreadsheet
A
A
C
D
E
G
H
K
L
M
N
0
P
Q
R
Last Year (incl. off-cycle) 2008 Requests Staff Recommendations
TOWN OF VAIL FUNDING REQUEST
GENERAL FUND Contributions: 2007 Cash
Funded
2007 In-Kind Funded 2007 In-Kind
Value 2008 Cash
Request
2008 In-Kind Request 2008 In-Kin
Value Variance to
2007 Funding %age
Variance Staff Staff
Recom'd Recom'd
Cash In-kind 2008 ln-
Kind Value
ECONOMIC:
Bravo! Colorado 1 New York Philharmonic 100,000 75,000 25,000 75,000
Bravo! Colorado / Philadel hia Orchestra SQ,000 75,000 25,000 75,000
Bravo! Colorado 25,000 IS Ford Pazk Parkin 25,000 - 25,000
Vail Farmers' Market 5,000 Traffic, buses, si s 3,000 6,000 Traffic, buses, si s,trash 4,000 1,000 6,000 Traffic, buses, si s,trash 4,000
Vail Jazz Festival's Labor Da Weekend P , Se t. 1.4, O6 7,500 12,000 4,500 7,500
Vail Jazz Foundation's "Jazz Gces to School" ro am 6,000 6,000 -
Colorado Ski Museum 119,000 4 azkin asses 3,300 119,000 20,000
Vail Valle Partnershi -
Platinum Service Program 6,000 6,000
Platinum Service Online Program 5,000 5,000
Competitive Analysis Program 10,000 1Q000
Trends Services (Lodging Occupancy) 5,000 - 5,000) -
Summer Air Program 12,000 25,000 13,000 12,000
Events & Programs 2,880 2,850
Vail Valle Foundation
Birds of Prey (Dec. 1.4, OS) ADA & ublic transit 14,000 ADA & ublic transit 15,000 ADA & ublic transit 15,000
The Session Parkin 3,000 Parkin 3,000 - Parkin 3,000
American Ski Classic Pazkin 3,500 Parkin 3,500 - Pazkin 3,500
Street Beat /Winter Concert Series 25,000 PD & PW su ort 7,500 28,500 PD & PW su ort 7,500 3,500 28,500 PD & PW su ort 7,500
Vail International Dance Festival 18,500 50,000 31,500 50,000
Gerald R. Ford Amphitheater (Hot Summer Nights) 27,250 PD resence 2,800 27,250 PD resence 2,800 - 27,250 PD resence 2,800
International Cycle Classic 150,000 PD & PW su ort 12,000 150,000 150,000 PD & PW su ort 12,000
Vail Chamber & Business Association VCBA
Colorado Snow Sports Expo 4,000 4,000)
Premier Impressions 10,000 15,000 1 blue azkin ass 825 5,000 10,000 1 blue azkin ass 828
Radio Free Mintum 4,000 4,000 800
Commission on S ecial Events (incl staffm) 798,000 850,000 1 blue azkin ass 828 52,000 816,750
TOTAL ECONOMIC 1,087,250 0 33,800 1,491,600 0 52,750 404,350 37% 1,303,800
EDUCATIONAL
Ea le Vallev Childcare -annual contribution 40,000 50,000 10,000 50,000
Pla ound /Safe im rovements 10,000 (10,000
Vail Valle Exchan a /Youth Reco ition Awazd 7,000 10,000 3,000 7,000
Meet the Wilderness 12,040 12,040 -
Resource Center of Ea ]e Coun 12,000 12,000 -
Buddv Mentors /Resource Center 10,000 10,000 -
TOTALEDUCATIONAL 57,000 0 - 94,040 0 - 37,040 65% 57,000
RECREATION
Ski & Snowboard Club Vail (Nov 6.9, 2008) 4 da s of ice 5,285 4 da s of ice 5,285 - 4 da s of ice 5,285
VVMC S rin Fashion Show & Luncheon Mar 26, 2008) 500.6001 da rk 4,000 5001-da azkin 4,000 - 800 1-da arkin 4,000
Vail Junior Hocke Association -Nov 2008 Tournament 9 da s of ice 11,891 9 da s of ice + 1 da Donovan 15,391 - 9 da s of ice + ] da Donovan 15,391
Skatin Club of Vai] Jal 10-] 4 '08 & late Dec. '08 13 da s of ice 17,176 9 days of ice (July 10.14; Dec) 11,891 - 9 days of ice (July 10-14; Dec) 1 ],891
17
2008 Contribution Request Spreadsheet
Last Year (incl. off-cycle) 2008 Requests Staff Recommendations
TOWN OF VAII, FIIND[NG REQUEST
GENERAL FUND Contributions: 2007 Cash
Funded
2007 In-Kind Funded 2007 In-Kind
Value 2008 Cash
Request
200810-Kind Request 200810-Kin
Value Variance to
2007 Funding %age
Variance Staff Staff
Recom'd Recom'd
Cash In-kind 2008 lo-
Kind Value
BMHS AI ine Ski Team 1500 arkin asses 12,000 - arkin for bus onl
Husk ~ Hockey Booster Club 5,000 azkin asses 562 5,000 -
Vail Valley Athlete Commission 10,000 10,000 - 10,000
TOTAL RECREATION 10,000 0 38,352 15,000 0 49,129 5,000 50% 10,000
SUB TOTAL -CONTRIBUTIONS 1,154,2,50 - 72,152 1,600,640 - 101,879 446,390 39% 1,370,800
ARRANGEMENTS and AGREEMENTS:
Vail Valley Comm.1'V/Chi -
Franchise Fee 70A00 70,000 - 70,000
Ca ital im rovements 10,000 10,000
SUB TOTAL - ARRANGF.A1ENTS and AGREEMEN 70,000 - - 80,000 - - 10,000 14% 70,000
GRAND TOTAL General Fuod 1,224,250 - 72,152 1,680,640 - 101,879 456,390 37% 1,440,800
Real Estate Transfer Tax Fund:
Be Ford AI ine Garden Foundation -
Educational Interpretive Stations in the Main Garden _
Operations 56,27) 75,000 18,725 60,000
Meditation Garden Renovation 10,000 10,000 - n/a 10,000
Eagle River Watershed
Sediment Pollution Efforts 100,000 100,000 - 100,000
River & Communi Pride H Clean U
Southern Rockies Ecosystem Project 10,000 10,000 -
All other prior year's funding not listed*~ 232,284 207,284 (25,000) 207,284
TOTAL RET'f 166,215 0 - 195,000 0 - 3,725 2% 170,000
Grand Total 1,622,809 0 72,152 2,082,924 0 101,879 460,115 28% 1,818,084
W
* Prior year funding not included:
Information Booth 207,284
Children's Garden of Learning 10,000
Vail Valley Alliance for Sustainability 15.uno
232.?Sa
2008 Contributions
Please see the attached spreadsheet to coincide with the following background and
recommendations.
ECONOMIC
A. Bravo! Colorado
BACKGROUND INFORMATION: Bravo! Vail Valley Music Festival is requesting $175,000 to help
fund travel, administration, marketing, advertising and promotional expenses for the 2008
Philadelphia Orchestra and the New York Philharmonic -Vail Residency programs.
STAFF RECOMMENDATION: Staff recommends funding at $175,000 (same as 2007
Contributions). Historically, the Town of Vail has contributed funding the New York Philharmonic
and the Philadelphia Orchestra Tier 1 programs as well as another $25,000 towards Bravo!
operating expenses. The town has historically paid $1,800 for advertising within the Bravo!
publication, but will now receive that placement for no charge. The cultural benefit to the Town of
Vail and the tourist attraction of this event are major factors in staff's recommendation for funding.
B. Vail Farmer's Market.
BACKGROUND INFORMATION: Vail Farmer's Market is requesting $4,000 of in-kind value to
cover the cost of services provided by the Town of Vail during the events, and $6,000 of cash to
cover the cost of traffic control. The Commission on Special Events funded $50,000 toward the
Farmer's Market in 2007.
STAFF RECOMMENDATION: Staff recommends funding the in-kind request of $4,000 which will
be included in the town's 2008 operating budget. Staff also recommends funding the $6,000 cash
as requested.
C. Vail Jaaz Foundation
BACKGROUND INFORMATION: The Vail Jazz Foundation is requesting $12,000 to help fund the
Vail Jazz Festival's Labor Day Weekend Party September 2008. They are also requesting $6,000
of funding for the "Jazz Goes to School" program.
STAFF RECOMMENDATION: Staff recommends funding the Labor Day Weekend Party at the
same amount as 2007: $7,500. Staff does not recommend funding the jazz music education
program.
D. Colorado Ski Museum
BACKGROUND INFORMATION: The museum is requesting total funding of $119,000 and 4
parking passes. The funding will be used as follows: $69,500 to construct new display lighting;
$4,500 reduction in rent (50%); $20,000 to create a new Vail's history display; $10,000 for the final
portion of a matching grant to purchase large screen & seating for the theater; $15,000 to design the
exhibit of ski and snowboard artifacts using multimedia /interactive technology.
19
STAFF. RECOMMENDATION: Staff recommends funding the $20,000 to create a new Vail
historical display. With such high parking demand in our community, staff does not recommend
parking passes (one blue pass is already granted as part of their lease). The remaining items are
not recommended for funding.
E. Vail Valley Partnership (WP)
BACKGROUND INFORMATION: The WP is requesting funding for various programs, totaling
$48,850.
STAFF RECOMMENDATION: The Town has supported the Summer Air Program each year, and
recommends funding of $12,000 at the same level as 2007.
Programs not recommended for funding include:
- Platinum Service Program (PSP) for Vail construction mitigation because the town funds
internal construction mitigation programs. However, staff, recommends that the town
participate in PSP mystery shops as in prior years.
- Platinum Service Online Program because this item is not appropriate for town funding.
- Competitive Analysis Program because this duplicates internal programming at the town.
- Trends Services (Lodging Occupancy report) are covered within the Vail Local Marketing
District budget.
- WP Events and Programs because the events and activities should be funded by chamber
memberships and fundraising.
F. Vail Valley Foundation (WF)
BACKGROUND INFORMATION: The Foundation is requesting $21,500 of in-kind funding forthe
use of town services during various winter events (Birds of Prey, The Session and the American Ski
Classic). They are also requesting $105,750 of cash funding and $10,300 of in-kind for
entertainment programs (Street Beat; Vail International Dance Festival, and Hot Summer Nights).
The Vail Valley Foundation (WF)'presented a proposed cycling event for 2007 that ultimately
was withdrawn because major sponsorship was not secured. At that time, Council had
earmarked $150,000 cash to support this event. The WF has recommitted its resources to
putting on the Colorado Stage International Cycle Classic in Vail from September 4-7, 2008.
The Foundation has reached a 100% commitment with firm and scheduled dates on the UCI
calendar in September 2008. If the Foundation is unable to carry through with this event, all
funding will be returned in total to the Town of Vail. The WF is requesting a $150,000 cash
contribution, as well as $12,000 in-kind services from the town.
STAFF RECOMMENDATION: Staff recommends funding the in-kind requests for the special
events and will be built into the town's 2008 operating budget. Staff also recommends the
following levels of cash funding: $28,500.toward Street Beat; $50,000 to the Vail International
Dance Festival; and $27,250 toward Hot Summer Nights. Provide a cash grant of $150,000 for
the International Cycle Classic, with an additional $12,000 of in-kind services. This event was
also presented to the Commission on Special Events (CSE) on Tuesday, August 28th, and
received a unanimous endorsement for "icon event" funding from Council Contributions.
20
G. Vail Chamber 8~ Business Association (VCBA)
BACKGROUND INFORMATION: The VCBA is requesting $15,000 of funding and 1 blue parking
pass for the Premier Impressions program.
STAFF RECOMMENDATION: Staff recommends $10,000 of funding to be used for Town of Vail
participation in the Premier Impressions program as in the prior year. Staff also recommends
funding the in-kind blue parking pass to be used as a prize for the Premier Impressions program.
H. Radio Free Minturn
BACKGROUND INFORMATION: Radio Free Minturn is requesting a total of $4,000 ($800 to
support the Local Emergency Alert system and $3,200 for operating support).
STAFF RECOMMENDATION: Staff recommends funding the $800 to support the Local Emergency
Alert system ($3,000 was awarded from the 2007 off-cycle contributions for this system). Although
the town awarded another $2,000 in operations from the 2007 off-cycle contributions as a part of
start-up funding, staff does not recommend funding operations in future years.
I. Commission on Special Events (CSE)
BACKGROUND INFORMATION: The CSE is requesting funding for various events, totaling
$850,000 plus one blue parking pass.
STAFF RECOMMENDATION: Staff recommends funding up to $816,750. This represents a 2.5%
(or $18,750) increase to event funding, in line with the Town Manager's threshold for all town
departments. Staff does not recommend the parking pass due to demand.
EDUCATIONAL
J. Eagle Valley Childcare (EVC)
BACKGROUND INFORMATION: The EVC has requested $50,000 of funding for2008. This is an
increase of $10,000 from the prior year, but will fund an additional space for Town of Vail employee
childcare.
STAFF RECOMMENDATION: Staff recommends funding the annual $50,000 contribution to be
used for the Vail Childcare facility.
K. Vail Valley Exchange /Youth Recognition Award
BACKGROUND INFORMATION: The Vail Valley Exchange is requesting $10,000 to fund two
scholarships (Youth Recognition Award) and travel costs to send two students to Australia.
STAFF RECOMMENDATION: Staff recommends funding this program at $7,000 as in the prior
year.
21
L. Meet the Wilderness
BACKGROUND INFORMATION: Meet the Wilderness is requesting $12,040 of funding for
programs serving 6th, 7th and 8th graders throughout the valley. These programs seek to teach life
skills by providing adventure education programs to underserved and at-risk youth groups.
STAFF RECOMMENDATION: Staff does not recommend funding this program because it is not
appropriate for town funding.
M. The Resource Center of Eagle County
BACKGROUND INFORMATION: The Resource Center is requesting $12,000 of funding for
continued growth of support groups as well as a portion of the cost to operate Freedom Ranch (a
safehouse for victims of domestic violence).
STAFF RECOMMENDATION: Staff does not recommend funding this program because it is not
appropriate for town funding. Social Services programs receive funding from property taxes.
N. Resource Center -Buddy Mentors
BACKGROUND INFORMATION: The Resource Center has requested $10,000 in funding for the
Buddy Mentors program. This program provides one-on-one mentoring relationships with at-risk
youth in a safe environment.
STAFF RECOMMENDATION: Staff does not recommend funding this program because it is not
appropriate for town funding. Social Services programs receive funding from property taxes.
RECREATIONAL
O. Ski 8~ Snowboard Club of Vail
BACKGROUND INFORMATION: The Ski &Snowboard Club of Vail has requested in-kind funding
of $5,285 for 4 days of ice for their annual Ski &Snowboard Swap event. .
STAFF RECOMMENDATION: Staff recommends funding this in-kind request as in prior years with
appropriate coordination with the Vail Recreation District.
P. Vail Valley Medical Center (WMC)
BACKGROUND INFORMATION: The WMC is requesting in-kind funding of $4,000 for 500 parking
vouchers for the Spring Fashion Show & Luncheon event held at the Vail Marriott.
STAFF RECOMMENDATION: Staff recommends funding this in-kind request as in prior years. It
will be included in the town's 2008 operating budget.
Q. Vail Junior Hockey Association
22
BACKGROUND INFORMATION: The Vail Junior Hockey Assn. is requesting a total of $15,391 in-
kind funding including $11,891 for 9 days of ice (3 weekends during November, 2008) for the Vail
Sportsman Tournament and $3,500 for use of the Donovan Pavilion in the spring of 2008 for a
Thank-you party for volunteers, sponsors, parents, and players.
STAFF RECOMMENDATION: Staff recommends funding this in-kind request as in prior years,
subject to agreed-upon scheduling with the Vail Recreation District for the ice time. Staff
recommends waiving the fee for Donovan Pavilion, contingent upon coordination with the Donovan
Management Company regarding availability. However, the Hockey Assn. will be responsible for
hard costs for use of the Donovan Pavilion such as set-up, tear-down, cleaning, etc.
R. Skating Club of Vail
BACKGROUND INFORMATION: The Skating Club of Vail has requested in-kind funding of
$11,891 for 9 days of ice for two separate competitions (27th Annual Vail Invitational Championships
in July, 2008 and the 6th Annual Beginners Competition in late December, 2008).
STAFF RECOMMENDATION: Staff recommends funding this in-kind request as in prior years
subject to agreed-upon scheduling with the Vail Recreation District.
S. Battle Mountain High School Alpine Ski Team
BACKGROUND INFORMATION: The Alpine Ski Team is requesting parking passes for up to 30
members of the ski team for 5 days a week during the high school season (10 weeks). Practice
usually runs between 1:30pm to 4:OOpm.
STAFF RECOMMENDATION: Staff does not recommend funding this request due to the parking
demand in the winter season but would be willing to find a parking area for a school bus as an
alternative solution.
T. Husky Hockey Booster Club
BACKGROUND INFORMATION: The Husky Hockey Booster Club is requesting $5,000 cash
contribution plus parking passes for the 4 coaches to attend 6-8 home games & playoffs. The
season runs from November through February.
STAFF RECOMMENDATION: Staff does not recommend this request.
U. Vail Valley Athlete Commission
BACKGROUND INFORMATION: The Athlete Commission is requesting $10,000 cash contribution
to support local athletes. The athletes are also funded by the Vail Valley Foundation and the Beaver
Creek Resort Company.
STAFF RECOMMENDATION: Staff recommends funding this request in .support of our athletes
and for the international exposure for the Town of Vail. $10,000 was awarded in 2007.
23
ARRANGEMENTS8~AGREEMENTS
V. Vail Valley Community TV /Channel 5
BACKGROUND INFORMATION: Channel 5 is requesting a portion of the franchise fee the Town of
Vail receives annually from Comcast. In 2007 this amount was funded at $70,000. They are also
requesting $10,000 of funding to go towards capital investments.
STAFF RECOMMENDATION: Staff recommends funding 40% of the franchise fee at
approximately $70,000 ($71,201 was paid in 2006). Staff does not recommend funding additional
capital; $10,000 was contributed in 2007.
REAL ESTATE TRANSFER TAX FUND
W. Betty Ford Alpine Gardens
BACKGROUND INFORMATION: The Alpine Garden Foundation is requesting funding of $75,000
for operating expenses. They are also requesting a $10,000 "roll over" of seed money that was
approved last year to continue arenovation /replanting of the Meditation Garden. This is a capital
project in addition to the normal operating budget. The Garden hosts thousands of visitors per year
and has achieved World-premier status as a high altitude garden.
STAFF RECOMMENDATION: Staff recommends funding operating expenses at $60,000. Funding
in 2007 funding was $56,275. Staff also recommends carrying over the $10,000 as a match to other
partners' contributions. The Meditation Garden is an existing garden that requires maintenance and
improvements.
X. Eagle River Watershed
BACKGROUND INFORMATION: The Eagle River Watershed is requesting $103,000 of funding.
Of this request, $63,500 relates to the completion, maintenance and monitoring of the Black Gore
Creek and $40,000 of general operating support.
STAFF RECOMMENDATION: Staff recommends funding of $100,000 (same level as prior year)
contingent upon further discussion of project details. Staff also recommends that not more than
20% go toward general operations, with the remainder for specific projects as they are completed.
Y. Southern Rockies Ecosystem Project (SREP)
BACKGROUND INFORMATION: SREP is requesting $10,000 of funding to support the Citizen
Science Wildlife Monitoring program. This program monitors wildlife movement on Vail Pass.
STAFF RECOMMENDATION: Staff does not recommend funding this program.
24
MEMORANDUM
TO: Vail Town Council
FROM: Rachel Friede, Department of Community Development
DATE: September 4, 2007
SUBJECT: First Reading of Ordinance No. 27, Series of 2007 (Grading Standards
Ordinance)
I. DESCRIPTION OF THE REQUEST
The applicant, the Town of Vail, is requesting a first reading of Ordinance No. 27, Series
of 2007 (Grading Standards Ordinance), an ordinance amending Chapter 14-2,
Definitions, Vail Town Code, to provide definitions for terms of art, and to Chapter 14-6,
Grading Standards, Vail Town Code, for proposed changes to the grading standards,
and setting forth details in regard thereto.
II. BACKGROUND
On August 27, 2007, the Planning and Environmental Commission unanimously
forwarded a recommendation of approval to the Vail Town Council for the proposed text
amendments identified in Ordinance No. 27, Series of 2007 (Attachment A). Proposed
text amendments are included in the August 27, 2007 Planning and Environmental
Commission Staff memorandum (Attachment B).
111. STAFF RECOMMENDATION
The Department of Community Development recommends that the Vail Town Council
approve Ordinance No. 27, Series of 2007, on first reading to amend Chapter 14-2,
Definitions, Vail Town Code, to provide definitions for terms of art, and to Chapter 14-6,
Grading Standards, Vail Town Code, for proposed changes to the grading standards,
and setting forth details in regard thereto. Staff's recommendation is based upon the
review of ,the criteria noted in Section VI of the August 27, 2007 Planning and
Environmental Commission .Staff memorandum (Attachment B) and the evidence and
testimony presented.
Should the Town Council choose to approve Ordinance No. 27, Series of 2007, on first
reading, the Department of Community Development recommends the Town Council
make the following findings: ,
1. That the amendments are consistent with the applicable elements of the adopted
goals, objectives and policies outlined in the Vail Comprehensive Plan and is
compatible with the development objectives of the Town, and
2. That the amendments further the general and specific purposes of the
Development Standards Handbook; and
3. That the 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.
IV. ATTACHMENTS
A. Ordinance No. 27, Series of 2007' (Grading Standards Ordinance)
B. Planning and Environmental Commission Staff memorandum dated August 27,
2007
Attachment A
ORDINANCE NO. 27
SERIES OF 2007
(GRADING STANDARDS ORDINANCE)
ORDINANCE 27, SERIES OF 2007, AN ORDINANCE TO AMEND CHAPTER 14-2, DEFINITIONS,
VAIL TOWN CODE, TO PROVIDE DEFINITIONS FOR TERMS OF ART, AND TO CHAPTER 14-6,
GRADING, STANDARDS, VAIL TOWN CODE, FOR PROPOSED CHANGES TO THE GRADING
STANDARDS, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Planning and Environmental Commission of the Town of Vail has held a
public hearing 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 of these amendments at its August 27, 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 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 Title 14, the Development Standards 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 considers it in the interest of the public health, safety,
and welfare to adopt these amendments to the Town Code.
Ordinance No. 27, Series of 2007
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. The purpose of this grading standards ordinance is to clarify text and
allow for flexibility in grading requirements in the Vail Town Code.. (Text that is to be deleted is
s~isl~en. 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 herel'~y amended to add the following:
14-2-1: Definitions of Words and Terms:
OSHA: Occupational Safety and Health. Administration. Aregulatory office of the US
Department of Labor.
Section 3. Section 14-6-1 is hereby amended as follows:
14-6-1: General Standards:
This section provides a summary of grading standards within the Town of Vail. All
grading is subject to design review to determine compatibility with existing
topography, to review the extent of existing vegetation removal and to preserve
significant features on the site. The administrator may require grading plans to be
stamped by a Colorado Professional Engineer (PE).
All temporary grading shall be in coimpliance with currently adopted OSHA standards.
All permanent finished grades shall be at a maximum 2:1(Horizontal: Vertical), unless
otherwise approved by the Administrator and providing that no grading exceeds 1:1
and that any grading steeper than ~!:1(H:1~ is designed and stamped by a Colorado
Professional Engineer.
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Ordinance No. 27, Series of 2007
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Section 4. Section 14-6-2 is hereby amended as follows:
14-6-2: EXISTING VEGETATION:
Grading around existing vegetation to be preserved on site shall be outside the critical
root zone, unless otherwise approved by the design review board. The critical root
zone maybe defined as a radius equal fo 1 foot for each inch of caliper measured
1 foot above the natural grade, or as defined by a qualified arborist or landscape
architect. A tree preservation plan developed by a qualified arborist maybe
required by the Administrator.
Section 5. Section 14-6-6 is hereby amended as follows:
14-6-6: FLOODPLAIN STANDARDS:
All modifications, grading or installation of proposed improvements within
the 100-year floodplain shall be in accordance with Section 12-21-11 of this
Code.
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Section 6. 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 7. 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
Ordinance No. 27, Series of 2007
inhabitants thereof.
Section 8. 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 9. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extf;nt 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 FIF2ST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of September, 2007, and a
public hearing for second reading of this Ordiinance set for the 18`h day of September, 2007, at
6:00 P.M. in the Council. Chambers of the Vail Municipal Building, Vail, Colorado.
ATTEST:
Lorelei Donaldson, Town Clerk
Rodney E. Slifer, Mayor
Ordinance No. 27, Series of 2007
Attachment B
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: August 27, 2007
SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant to Section 12-
3-7, Amendment, Vail Town Code, for proposed text amendments to Chapter 14-2,
Definitions, Vail Town Code, to provide definitions for terms of art, and to Chapter 14-6,
Grading Standards, Vail Town Code, for proposed changes to the grading standards,
and setting forth details in regard thereto.(PEC07-0041)
Applicant: Town of Vail
Planner: Rachel Friede
I. SUMMARY
The applicant, Town of Vail, is requesting that the Planning and Environmental Commission
forward a recommendation of approval to the Vail Town Council regarding the proposed text
amendments to Chapter 14-2, Definitions, Vail Town Code, to provide definitions for terms of
art, and Chapter 14-6, Grading Standards, Vail Town Code, for proposed changes to the
grading standards.
Based upon Staff's review of the criteria outlined in Section V of this memorandum and the
evidence and testimony presented, the Community Development Department recommends
the Planning and Environmental Commission forward a recommendation of approval to the
Vail Town Council for the proposed text amendments, subject to the findings noted in Section
VI of this memorandum.
II. DESCRIPTION OF REQUEST
Throughout the development and design review process, Staff has received suggestions on
how to improve regulations to streamline the development review process while holding all
development to our high standards. Therefore, Staff periodically returns to the Planning and
Environmental Commission (PEC) and the Town Council to "clean-up" various sections of the
Vail Town Code.
One portion of the Code identified as needing improvement was the Town's grading standards
found in Chapter 14-6, Grading Standards.
The following includes a description followed by each proposed text amendment. Note that
additions are in bold and deletions are in c+rroag~
*The proposed text amendments to amend Chapter 14-6, Grading Standards, occur irrthree
places. The first text amendment seeks to clarify Section 14-6-1, General Grading. This
Section includes Table 5, which outlines grading standards. The table is unclear for both
applicants and administrators of the Code.. In order to ensure that the regulations are clear
and concise, Staff proposes to replace the table with a few sentences that clearly outline the
requirements. Currently, the table spells out what types of grading require a Professional
Engineer (PE) stamp. The clarification will allow the administrator to use discretion in requiring
a PE stamp, which will reflect the current staff practice of using common sense in requiring a
PE stamp. At the July 23, 2007 PEC meeting, commissioners said the previously proposed
text amendments needed to be clarified because the amendment did not provide a clear
enough picture of .the standards. The tE;xt amendments have been changed to reflect those
comments. Due to the addition of the word OSHA, the term will be defined in Section 14-2-2,
Definitions, Vail Town Code.
Chapter 14-2: Definitions
14-2-1: Definitions of Words and berms:
OSHA: Occupational Safety and Health Administration. Aregulatory office of the US
Department of Labor.
Chapter 14-6: Grading Standards
14-6-1: General Standards:
This section provides a summairy of grading standards within the Town of Vail.
All grading is subject to design review to determine compatibility with existing
topography, to review the extent of existing vegetation removal and to preserve
significant features on the site. The administrator may require grading plans to
be stamped by a Colorado Professional Engineer (PE).
All temporary grading shall be in compliance with currently adopted OSHA
standards. All permanent finished grades shall be at a maximum 2:1
(Horizontal:Vertical), unless otherwise approved by the Administrator and
providing that no grading exceeds 1:1 and that any grading steeper than 2:1 (H:V)
is designed and stamped by a Colorado Professional Engineer.
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*The second section to be amended, Section 14-6-2, Existing Vegetation, will replace the
current table. Amendments were proposed to clarify -.this section, but keep the same
standards. The PEC made comments at their July 23, 2007 meeting to update the regulation
because it is onerous and unnecessary in many circumstances. In response, the following
changes reflect the ability to be flexible on critical root zones depending on species type.
14-6-2: EXISTING VEGETATION:
Grading around existing vegetation to be preserved on site shall be outside the critical
root zone, unless otherwise approved by the design .review board. The critical root
zone maybe defined as a radius equal to 1 foot for each inch of caliper
measured 1 foot above the natural grade, or as defined by a qualified arborist or
landscape architect. A tree preservation plan developed by a qualified arborist
may be required by the Administrator.
*The third section to be amended, Section 14-6-6, Fooodplain Standards, currently requires
that all grading in the floodplain be approved by the.PEC. This has created a lengthy review
process for what is sometimes routine maintenance or repair of utilities. The previously
proposed text amendments outlined the new requirements for grading in the floodplain.
However, a seperate text amendment to Chapter 12-21, Hazard Regulations, will include the
changes: Rather than repeat the same information in two places, staff prefers to reference
Chapter 12-21. This will alleviate any confusion about grading in the floodplain.
14-6-6: FLOODPLAIN STANDARDS:
All modifications, grading or installation of proposed improvements within the
100-year floodplain shall be in accordance with Section 12-21-11 of this Code.
" ed. The environmental impact report shall include
impacts to vegetation, riparian areas, appropriate hydraulic engineering calculations to
show no increase in water surface profile and velocity, as well as stating that there will
be no adverse impacts to adjacent properties. No permanent improvements shall be
constructed within one foot (1) of the floodplain line.
III. BACKGROUND
On July 23, 2007, Staff brought this item to the Planning and Environmental Commission for
review, and the item was tabled. The PEC had numerous comments on the text amendments,
and Staff has responded to those comments with changes to the proposed grading standard
amendments.
IV. APPLICABLE PLANNING DOCUMENTS
Title 12. Vail Town Code: Zonina Reputations
Chapter 12-3: Administration and Enforcement
12-3-7: Amendment
C. Criteria And Findings:
2. Prescribed Regulations Amendment:
a. Factors, Enumerated: Before acting on an application for an amendment to the
regulations prescribed in this title, the planning and environmental commission and town
council shall consider the following factors with respect to the requested text
amendment:
(1) The extent to which the text amendment furthers the general and specific purposes
of the zoning regulations; and
(2) .The extent to which the text ammendment would better implement and better achieve
the applicable elements of the adopted goals, objectives, and policies outlined in the
Vail comprehensive plan and is compatible with the development objectives of the town;
and
(3) The extent to which the text amendment demonstrates how conditions have
substantially changed since the adoption of the subject regulation and how the existing
regulation is no longer appropriatEl or is inapplicable; and
(4) The extent to which the text amendmenf provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
(5) Such other factors and criteria the commission and/or council deem applicable to the
proposed text amendment.
b. Necessary Findings: Before recommending and/or granting an approval of an
application for a text amendment the planning and environmental commission and the
town council shall make the following findings with respect to the requested amendment:
(1) That the amendment is consistent with the applicable elements of the adopted goals,
objectives and policies outlined in the Vail comprehensive plan and is compatible with
the development objectives of the town; and
(2) That the amendment furthers the general and specific purposes of the zoning
regulations; and
(3) That the amendment promotes; the health, safety, morals, and general welfare of the
town and promotes 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.
Title 14, Vail Town Code: Development Standards Handbook
Chapter 14-1: Administration
14-1-1: Purpose and Intent:
It is the purpose of these rules, rs~gulations, and standards to ensure the general health,
safety, and welfare of the community. These rules, regulations, and standards are
intended to ensure safe and efficient development within the town for pedestrians,
vehicular traffic, emergency response traffic, and the community at large. The
development standards will help protect property values, ensure the aesthetic quality of
the community and ensure adequate development of property within the Town.
V. REVIEW CRITERIA
As there are no formal criteria for text amendments to Title 14, the amendment provisions from
Title 12 will be used.
1. The extent to which the text amendment furthers the purpose of the
Development Standards Handbook; and
Staff believes the proposed text amendments further the purpose of Title 14. The text
amendments create a more comprehensive, clear, and concise Code that will promote
the general welfare of the community. Adding clarity will ensure that development is
safer for pedestrians, vehicles, and the community at large. Helping to streamline the
development review process will also ensure adequate development of property within
the town, as stated in Section 14-1-1, Purpose and Intent.
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail Comprehensive Plan and is compatible with the development
objectives of the Town; and
Staff believes the proposed text amendments better implement and better achieve 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.
Specifically, the text amendments will further achieve a goal of the Vail Land Use Plan
for Vail to grow in a controlled manner. Ensuring that regulations are clear and concise
will increase the effectiveness of regulations, and thus, will help Vail grown in a
controlled manner.
3. The extent to which the text amendment demonstrates how conditions have
substantially changed since the adoption of the subject regulation and how the
existing regulation is no longer appropriate or is inapplicable; and
Staff believes the proposed text amendments are in response to changing conditions.
Staff has received complaints from applicants that Chapter 14-6 is confusing. Staff
believes the proposed text amendments are responsive to the needs of applicants who
do maintenance and repair work in the floodplain. The need for a streamlined process
has arisen from the heavy workload of Staff and the PEC.
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives.
Staff believes that the proposed text amendments will facilitate and provide a
harmonious, convenient, workable relationship among land use regulations that are
consistent with the Town of Vail master plans and development objectives. The
proposed text amendments ensure these regulations are clear to applicants, and will
ensure that grading both in and out of the floodplain is properly regulated.
5. Such other factors and criteria the Commission and/or Council deem applicable
to the proposed text amendment.
VI. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and Environmental
Commission forward a recommendation of approval to the Town Council for proposed text
amendments to Chapter 14-2, Definitions, Vail Town Code, to provide definitions for terms of
art, and Chapter 14-6; Grading Standards, Vail Town Code, for proposed changes to the
grading standards, and setting forth detains in regard thereto.
Should the Planning and Environmental Commission choose to approve these proposed text
amendments, the Community Development Department recommends the Commission pass
the following motion:
"The Planning and Environmc~ntal Commission forwards a recommendation of
approval to the Town Council for the Town of Vail's request for proposed text
amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, for proposed
texf amendments to Chapter 14-2, Definitions, Vail Town Code, to provide definitions
for terms of art, and Chapter 14-6, Grading Standards, Vail Town Code, for proposed
changes to the grading standard's, and setting forth details in regard thereto."
Staff's recommendation is based upon the review of the criteria in Section V of this
memorandum and the evidence and testimony. presented. Should the Planning and
Environmental Commission choose to irecommend approval of the proposed amendments,
Staff recommends that the following findings be incorporated into a motion:
"1. That the amendments are consistent with the applicable elements of the adopted
goals, objectives and policiEas outlined in the Vail Comprehensive Plan and is
compatible with the development objectives of the Town, as referenced by Section
V of Staff's August 27, 2007 memorandum to the Planning and Environmental
Commission, and
2. That the amendments further the purpose of the Development Standards
Handbook, as referenced by Section V of Staff's August 27, 2007 memorandum to
the Planning and Environmental Commission; and
3. That the amendments promote the health, safefy, 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 qualify,
as referenced by Section 1/ of Staff's August 27, 2007 memorandum to the
Planning and Environmental Commission."
MEMORANDUM
TO: Vail Tpwn Council
FROM: Rachel Friede, Department of Community Development
DATE: September 4, 2007
SUBJECT: First Reading of Ordinance No. 28, Series of 2007 (Floodplain Housekeeping
Ordinance)
I. DESCRIPTION OF THE REQUEST
The applicant, the Town of Vail, is requesting a first reading of Ordinance No. 28, Series
of 2007 (Floodplain Housekeeping Ordinance), an ordinance amending Chapter 12-21,
Hazard Regulations, Vail Town Code, in order to comply with FEMA floodplain
regulations, and Title 14, Development Standards Handbook, Vail Town Code, for
clarifications to driveway and parking standards, and setting forth details in regard
thereto.
II. BACKGROUND
On August 27, 2007, the Planning and Environmental Commission unanimously
forwarded a recommendation of approval with modifications to the Vail Town Council for
the proposed text amendments identified in Ordinance No. 28, Series of 2007
(Attachment A). Proposed text amendments included in the August 27, 2007 Planning
and Environmental Commission Staff memorandum (Attachment B) were modified to
strike the addition of Subsection 14-3-2G (page 17 of Attachment B).
III. STAFF RECOMMENDATION
The Department of Community Development recommends that the Vail Town Council
approve Ordinance No. 28, Series of 2007, on first reading to amend Chapter 12-21,
Hazard Regulations, Vail Town Code, in order to comply with FEMA floodplain
regulations, and Title 14, Development Standards Handbook, Vail Town Code, for
clarifications to driveway and parking standards, and setting forth details in regard
thereto. Staff's recommendation is based upon the review of the criteria noted in
Section V of the August 27, 2007 Planning and Environmental Commission Staff
memorandum and the evidence and testimony presented.
Should the Town Council choose to approve Ordinance No. 28, Series of 2007, on first
reading, the Department of Community Development recommends the Town Council
make the following findings:
1. That the amendments are consistent with the applicable elements of the adopted
goals, objectives and policies outlined in the Vail Comprehensive Plan and is
compatible wifh the development objectives of the Town, and
2. That the amendments further the general and specific purposes of the Zoning
Regulations and the Development Standards Handbook; and
3. That the 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 iresort and residential community of the highest
quality,
IV. ATTACHMENTS
A. Ordinance No. 28, Series of 2007 (Floodplain Housekeeping Ordinance)
B. Planning and Environmental Commission Staff memorandum dated August 27,
2007
Attachment A
ORDINANCE NO. 28
SERIES OF 2007
(FLOODPLAIN HOUSEKEEPING ORDINANCE)
ORDINANCE N0.28, SERIES OF 2007, AN ORDINANCE TO AMEND CHAPTER 12-21, HAZARD
REGULATIONS, VAIL TOWN CODE, IN ORDER TO COMPLY WITH FEMA FLOODPLAIN
REGULATIONS, AND TITLE 14, DEVELOPMENT STANDARDS HANDBOOK, VAIL TOWN
CODE, FOR CLARIFICATIONS TO DRIVEWAY AND PARKING STANDARDS, AND SETTING
FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Planning and Environmental Commission. of the Town of Vail has held a
public hearing 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 modifications of these amendments at its August 27, 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 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 Title 14, the Development Standards 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 considers it in the interest of the public health, safety,
and welfare to adopt these amendments to the Town Code.
Ordinance No. 28, Series of 2007
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. .The purpose of this floodplain housekeeping ordinance is to come into
compliance with Federal Emergency Management Agency regulations, and to clarify parking and
driveway standards in order to meet generally accepted engineering standards. (Text that is to
be deleted is str+sker}. Text that is to be added is bold. Sections of text that are not amended
may be omitted.)
Section 2. Section 12-2-2 is heret~y amended as follows:
12-2-2: DEFINITIONS OF WORDS AI'JD TERMS:
FLOOD HAZARD ZONE: T"-,~-,~~ ^~ea~~~~^r.~"~th
~nnn in ~+/nn ~+nri .~rn~ innlin~fni-l ~o rrf/n, n n
'„-.fer-ma-tierce°~',~as ~'~n~tedaa;-ses~ienT2-21 11 ef~his~itl~The land in the
floodplain subject to a one percent or greater chance of flooding in any given year.
The area maybe designated as Zone A on the Flood Hazard Boundary Map
(FHBM). After detailed ratemaking has been completed in preparation for
publication of the FIRM, Zone A usually is refined into Zones A, AE, AH, AO, Al-99,
VO, V1-30, VE or V.
FLOOD INSURANCE STUDY.• The ofi~cial report provided by the federal emergency •
management agency that includes flood profiles and water surface elevation of the base
flood as well as the Flood Boundary-Floodway Map.
Section 3. Section 12-21-2 is hereby amended as follows:
12-21-2: DEFINITIONS:
For the purposes of this chapter, the v~rords contained in this section are defined as
follows:
ALLUVIAL FAN FLOODING - F/oodi~ng occurring on the surface of an alluvial fan or
similar landform, which originates ert the apex and is characterized by high-
velocify flows; active processes of erosion, sediment transport, and deposition;
and unpredictable flow paths.
APEX - A point on an alluvial fan or similar landform below which the flow path of
the major stream that formed the fan becomes unpredictable and alluvial fan
flooding can occur.
AREA OF SHALLOW FLOODING - ~I designated AO, AH, or VO zone on a
community's Flood Insurance Rate Map (FIRM) with a one percent chance or
greater annual chance of flooding to an average depth of one to three feet where a
Ordinance No. 28, Series of 2007
clearly defined channel does not exist, where the path of flooding is unpredictable
and where velocity flow maybe evident. Such flooding is characterized by
ponding or sheet flow.
BASE FLOOD -The flood having a one percent chance of being equaled or
exceeded in any given year.
BASEMENT -Any area of the building having ifs floor sub-grade (below ground
level) on all sides.
CRITICAL FEATURE - An integral and readily identifiable part of a flood protection
system, without which the flood protection provided by the entire system would be
compromised.
DEVELOPMENT -Any man-made change in improved and unimproved real estate,
including buf not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations or storage of equipment or
materials.
ELEVATED BUILDING - Anon-basement building (i) built, in the case of a building
in Zones Al-30, AE, A, A99, AO, AH, B, C, X, and D, to have the fop of the elevated
floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of
the lowest horizontal structure member of the elevated floor elevated above the
ground level by means of pilings, columns (posts and piers), or shear walls
parallel to the floor of the water and (ii) adequately anchored so as not to impair
the structural integrity of the building during a flood of up fo the magnitude of the
base flood. In the case of Zones Al-30, AE, A, A99, AO, AH, B, 'C, X, and D,
"elevated building" also includes a building elevated by means of fill or solid
foundation perimeter walls with openings sufficient to facilitate the unimpeded
movement of flood wafers. In the case of Zones V1-30, VE, or V, "elevated
building" also includes a building otherwise meeting the definition of "elevated
building," even though the lower area is enclosed by means of breakaway walls if
the breakaway walls met the standards of Section 60.3(e)(5) of the National Flood
Insurance Program regulations.
EXISTING CONSTRUCTION -For the purposes of determining rates, structures for
which the "start of construction" commenced before the effective date of the FIRM.
"Existing construction" may also be referred to as "existing structures."
FLOOD HAZARD ZONE: T"~* ~rn., n,,,,nrn,~ s,,, +hn ti.,~n fl~,~,rl Thn boon F~nnrl ern r, ;c.
m{nrmQ ~ ~~ not J~+~`~'~~_4 4 of fhic~ nh~fnr The land
- T1"Vl"LTTiTV CG'S
in the floodplain subject to a one percent or greater chance of flooding in any
given year. The area maybe designated as Zone A on the Flood Hazard Boundary
Map (FHBM). After detailed ratemaking has been completed in preparation for
publication of the FIRM, Zone A usually is refined into Zones A, AE, AH, AO, Al-99,
VO, V1-30, VE or V.
Ordinance No. 28, Series of 2007
FLOOD OR FLOODING - A general and temporary condition of partial or complete
inundation of normally dry land areas from:
1. the overflow of inland or tidal waters.
2, the unusual and rapid accumulation or runoff of surface wafers from any
source.
FLOOD INSURANCE RATE MAP (FIRM) - An official map on
which the Federal Emergency Management Agency has delineated both the areas
of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY: The ofiFicial report provided by the federal emergency
management agency that includes flood profiles and water surface elevation of the base
flood as well as the Flood Boundary-Floodway Map.
FLOODPLAIN OR FLOOD-PRONE AREA -Any land area susceptible to being
inundated by water from any source (see definition of flooding).
FLOODPLAIN MANAGEMENT -The operation of an overall program of corrective
and preventive measures for reducing flood damage, including but not limited to
emergency preparedness plans, flood control works and floodplain management
regulations.
FLOOD PROTECTION SYSTEM -Those physical structural works for which funds
have been authorized, appropriateal, and expended and which have been
constructed specifically to modify flooding in order to reduce the extent of the
areas within a community subject too a "special flood hazard" and the extent of the
depths of associated flooding. Suclh a system typically includes hurricane tidal
barriers, dams, reservoirs, levees or dikes. These specialized flood modifying
works are those constructed in conformance with sound engineering standards.
FLOOD PROOFING - Any combinatiion of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to
real estate or improved real properi`y, wafer and sanitary facilities, structures and
their contents.
FLOODWAY (REGULATORY FLOODWAI~ -The channel of a river or other
watercourse and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the wafer surface
elevation more than a designated height.
FUNCTIONALLY DEPENDENT USE - A use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The term
includes only docking facilities, poirt facilities that are necessary for the loading
and unloading of cargo or passengers, and ship building and ship repair facilities,
but does not include long-term storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE -The highest natural elevation of the ground surface
prior fo construction nexf fo the proposed walls of a structure.
Ordinance No. 28, Series of 2007 4
HISTORIC STRUCTURE -Any structure that is:
1. Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on
the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered
historic district;
3. Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior;
or
4. classified as historically significant per Chapter 10-2, Special Historic and
Architectural Structures, Vail Town Code.
LEVEE - A man-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control, or
divert the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM - A flood protection system which consists of a levee, or levees,
and associated structures, such as closure and drainage devices, which are
constructed and operated in accordance with sound engineering practices.
LOWEST FLOOR -The lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking
or vehicles, building access or storage in an area other than a basement area is
not considered a building's lowest floor; provided that such enclosure is not built
so as to render the structure in violation of the applicable non-elevation design
requirement of Section 60.3 of the National Flood insurance Program regulations.
MEAN SEA LEVEL -For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base
flood elevations shown on a community's Flood Insurance Rate Map are .
referenced.
NEW CONSTRUCTION -For the purpose of determining insurance rates,
structures for which the "start of construction" commenced on or after the
effective date of an initial FIRM, and includes any subsequent improvements to
such structures. For floodplain management purposes, "new construction"
means structures for which the "start of construction" commenced on or after
December 4, 2007, and includes any subsequent improvements to such structures.
ONE HUNDRED (100) YEAR FLOODPLAIN -See "Flood Hazard Zone" above.
RECREATIONAL VEHICLE - A vehicle which is:
1. built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projections;
3. designed to be self-propelled or permanently towable by a light duty truck; and
Ordinance No. 28, Series of 2007
4, designed primarily not for use ais a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use
START OF CONSTRUCTION - (for other than new construction or substantial
improvements under the Coastal Barrier Resources Acf (Pub. L. 97-348)), includes
substantial improvement and means the date the building permit was issued,
provided the actual start of constru~cfion, repair, reconstruction, rehabilitation,
addition, placement, or other improvement was within 180 days of the permit date.
The actual start means either the firrst placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation; or the
placement of a manufactured homEa on a foundation. Permanent construction does
not include land preparation, such as clearing, grading and filling; nor does it
include the installation of streets and/or walkways; nor does it include excavation
for basement, footings, piers or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the main structure.
For a substantial improvement, the actual start of construction means the first
alteration of any wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
SUBSTANTIAL DAMAGE -Damage of any origin sustained by a structure whereby
the cost of restoring the structure i`o ifs before damaged condition would equal or
exceed 50 percent of the market value of the structure before the damage
occurred.
WATER SURFACE ELEVATION -The height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of
various magnitudes and frequencies in the floodp/ains of coastal or riverine areas.
Section 4. Section 12-21-10 is hereby amended as follows:
12-21-10: DEVELOPMENT RESTRICTED:
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s s
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Section 5. Section 12-21-11 is hereby amended as follows:
12-21-11: FLOOD HAZARD ZONES,~n-n cl non un~,gon cTl ln-cc:
Thorn orn fi~in /71 c~nfc~ of flnnrl ho~o ny
fnum Thn~i orn•
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hn fnum o f /l n.nh 4 4 (l52l1
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Ordinance No. 28, Series of 2007
11 II
l l
~ ~
A. PURPOSE: To promote public health,. safety and general welfare and to
minimize public and private losses due to flood conditions in specific areas by
provisions designed to:
7. Protect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage fo public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in floodplains;
6. Help maintain a stable fax base by providing for the sound use and
development of flood prone areas in such a manner as to minimize future flood
blight areas;
7. Insure that potential buyers are notified that property is in a flood area.
8. Insure that those who occupy the floodplain assume the responsibility for their
actions;
9. Protect the natural areas required to convey flood flows and retain flow
characteristics; and
70. Obtain and maintain the benefits to the community of participating in the
National Flood Insurance Program.
B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD:
The areas of special flood hazard identified by the Federal Emergency
Management Agency in a scientific and engineering report entitled, °'The Flood
Insurance Study for Eagle County, Colorado and Incorporated Areas dated
December 4rh, 2007, with accompanying Flood Insurance Rate Maps and Flood
Boundary-Floodway Maps (FIRM and FBFM) and any revisions thereto are hereby
adopted by reference and declared to be a part of this chapter.
C. DESIGNATION OF THE FLOODPLA/N ADMINISTRATOR:
The Town Engineer or designee is hereby appointed the Floodplain Administrator
to administer and implement the provisions of this chapter and other appropriate
sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to
floodplain management.
D. DUTIES 8 RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR:
Duties and responsibilities of the Floodplain Administrator shall include, but not
be limited to the following:
1. Maintain and hold open for public inspection all records pertaining to the
provisions of this chapter.
2. Review all permit applications to ensure that the requirements of -this chapter
have been satisfied and that the proposed improvement will be reasonably safe
from flooding.
3. Review, approve or deny floodplain use and modification permits fo determine
whether proposed improvements meet the provisions of this chapter.
Ordinance No. 28, Series of 2007
4. Review evidence prior to the issuance of a floodplain use permit that all
necessary permits have been obtained from those federal, state, or local
government agencies from which prior approval is required. Conditional
floodplain use permits maybe issued contingent upon receipt of the above-
_mentioned agency permits.
5. Review and verify that no new habitable structure is constructed within the
flood hazard zone.
6. Review and verify that a licensed professional engineer or professional land
surveyor certify the location of the 100 year floodplain on all development
applications that are adjacent to, or partially located within the 100 year
floodplain, that are proposing improvements that may effect the floodplain.
7. Where interpretation is needed as to the exact location of the boundaries of the
areas of special flood hazards (for example, where there appears to be a
conflict between a mapped boundary and actual field conditions) the
Floodplain Administrator shall imake the necessary interpretation.
8. Notify, in riverine situations, adjacent communities and the Colorado Division
of Emergency Management, prior to any alteration or relocation of a
watercourse, and submit evidence of such notification to the Federal
Emergency Management Agency.
9. Assure that the flood carrying capacity within any altered or relocated portion
of any watercourse is mainfaine~d.
10. When base flood elevation data has not been provided in accordance with
Subsection 12-21-11B, the Floodplain Administrator shall obtain, review and
reasonably utilize any base flood elevation data and floodway data available
from Federal, State or other source, in order to administer the provisions of
Subsection 12-21-11F.
11. When a regulatory floodway has not been designated, the Floodplain
Administrator must require thaif no new construction, substantial
improvements, or other development (including fill) shall be permitted within
Zones Al-30 and AE on the community's FIRM, unless it is demonstrated that
the cumulative effect of the proposed development, when combined with all
other existing and anticipated development, will not increase the water surface
elevation of the base flood more than one foot at any point within the
community.
12. Under the provisions of 44 CFR! Chapter 1, Section 65.12, of the National Flood
Insurance Program regulations:, a community may approve certain
development in Zones Al-30, AE, AH, on-the community's FIRM which
increases the water surface elevation of the base flood by more than one foot,
provided that the community fig st applies for a conditional FIRM revision
through FEMA (Conditional Leffer of Map Revision).
E. FLOODPLAIN PERMITS
1. Floodplain Use Permit .
a. Purpose: The Floodplain U:se Permit is a permit fo allow temporary grading
within the floodplain and allow for necessary public infrastructure
improvements within the floodplain. A Floodplain Use Permit maybe
issued under at least one of the following. conditions:
Ordinance No. 28, Series of 2007
(1) Temporary grading in the Floodplain approved by the Floodplain
Administrator, in which the site is returned to its existing grade and
conditions;
(2) Utility construction/maintenance within fhe Floodplain approved by the
Floodplain Administrator which is deemed to have an insignificant impact
to the 100 Year Floodplain;
(3) Sfreambank stabilization wifhin the floodplain approved by fhe
Floodplain Administrator and is deemed to have an insignificant impact to
the Floodplain;
(4) Public Infrastructure construction/maintenance approved by the
Floodplain Administrator including but not limited to roads, bridges,
recreation paths, walks, stream drop structures, and stream erosion control
measures which are deemed to have an insignificant impact to the
Floodplain;
b. Floodplain Use Permit Application Submittal Requirements:. Applicants shall
provide the following information prior to design review or any review by
the Planning and Environmental Commission:
(1) Site plan at an engineering scale showing the location, dimensions, and
elevations of the proposed landscape/grade alterations, existing and
proposed structures, relevant landscape/topographic features, and the
location of the foregoing in relation to the one hundred year floodplain. The
floodplain line shall be provided on a plan certified by a licensed
professional engineer or land surveyor.
(2) Detailed topographic cross-sections provided by a licensed professional
surveyor of the area proposed to be altered, showing existing and
proposed conditions.
(3)Description of the extent to which any floodplain will be altered
including; why, when, how, and when it will be replaced back to ifs original
configuration, and addressing each relevant criteria in Subsection 12-21-
11E-3.
(4)Copy of all other necessary approved permits (i.e. Building permit, Public
Way permit, ACOE permit, Dewafering permit, DOW permit, CDHPE permit,
etc..)
(5) If required by the Floodplain Administrator, an engineered floodplain
analysis of the impacts to the floodplain prepared by a qualified licensed
professional engineer.
(6)Submitfed application for a conditional FIRM and floodway revision
through FEMA, if applicable.
(7)Any additional information deemed necessary by the Floodplain
Administrator.
2. Floodplain Modification Permit
a. Purpose: A Floodplain Modification Permit is a permit to allow construction
of improvements and/or modifications to the adopted floodplain for all other
uses; improvements, or modifications fo or within the floodplain that do not
fall within the guidelines of the Floodplain Use,Permit. However, no
habitable structures or improvements shall be allowed to be constructed
wifhin the Floodplain.
b. Floodplain Modification Application Submittal Requirements:
Ordinance No. 28, Series of 2007
Applicants shall provide the following information prior to design review or
any review by the Planning Lind Environmental Commission:
(1)Elevation of the lowest floor (including basement and crawl space) of all
new and substantially improved structures within or adjacent to the
floodplain.
(2)Description of the extent 1`o which any floodplain will be altered including;
why, when, how, and when i~t will be replaced back fo its original
configuration, and addressing each relevant factor in Subsection 12-21-11E-
3.
(3)Signature of the owners of all property subject to an impact by the
proposed improvement.
(4)A site plan drawn to an engineering scale showing the location,
dimensions, and elevations Hof the proposed landscape/grade alterations,
existing and proposed structures, relevant landscape/topographic features,
and the location of the foregoing in relation to the one hundred year
Floodplain. The floodplain line shall be provided on a plan certified by a
licensed professional engineer or land surveyor.
(5)Detailed topographic cross-sections provide by a licensed professional
surveyor of the area proposed to be altered, showing existing and
proposed conditions.
(6)Copy of all other necessary approved permits (i.e. Building permit, Public
Way permit, ACOE permit, Dewatering permit, DOW permit, CDHPE permit)
(7)An engineered floodplain analysis of the impacts to the floodplain
prepared by a qualified licensed professional engineer.
(8)Copy of submitted application for a conditional FIRM and floodway
revision through FEMA, if applicable.
(9) Environmental Impact Report, per Chapter 12-12, Vail Town Code.
(10)Any additional information deemed necessary by the Floodplain
Administrator.
3. Review, Criteria and Findings:.4t the discretion of the Floodplain
Administrator, Floodplain Use Permits maybe reviewed by the Floodplain
Administrator or the PEC. All Flloodplain Modification Permits shall be
reviewed and approved by the Floodplain Administrator and the PEC.
a. Criteria: The following factors shall be used to make a determination in
issuance of Floodplain Per-riifs:
(1) The effects upon the efficiency or capacity of the Floodway;
(2)The effects upon persons and personal property upstream, downstream
and in the immediate vicinit}r,
(3)The effects upon the one hundred year flood profile and channel
stability;
(4)The effects upon any tributaries to the main stream, drainage ditches and
any other drainage facilities or systems;
(5)The danger to life and pra~perty due to flooding or erosion damage;
(6)The susceptibility of the iCrroposed improvements and its contents to
flood damage and the effect of such damage on the individual owner;
(7)The danger that materials maybe swept onto other lands fo the injury of
others;
(8)The compatibility of the proposed use with existing and anticipated
development;
Ordinance No. 28, Series of 2007 10
(9)The safety of access to the property in times of flood for ordinary and
emergency vehicles;
(10)The costs of providing governmental services during and after flood
conditions including; maintenance and repair of streets and bridges, and
public utilities and facilities such as sewer, gas, electrical and water
systems;
(11)The expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters and the effects of wave action, if applicable,
expected at the site;
(12)The effect the proposed changes will have any adverse environmental
effect on the watercourse, including without limitation, erosion of
streambanks and streamside trees and vegetation and wildlife habitat;
(13)The necessity to the facility of a waterfront location, where applicable;
(14)The availability of alternative locations, not subject to flooding or
erosion damage, for the proposed use;
(15)The relationship of the proposed use to the comprehensive plan for that
area.
b. Findings: The following findings shall be made before granting of a
floodplain permit:
(1) That the proposed use or modification adequately addresses the
findings in Subsection 12-21-11E-3A, as determined by the Floodplain
Administrator. ,unless the applicant can demonstrate that one or more of
the standards is not applicable, or that a practical solution consistent with
the public interest has been achieved.
(2) That the proposed use or modification is consistent with the adopted
goals, objectives and policies outlined in the Vail comprehensive plan and
compatible with the development objectives of the town; and
(3) That the proposed use or modification is compatible with and suitable to
adjacent uses and appropriate for the surrounding areas; and
(4) That the proposed use or modification promotes the health, safety,
morals, and general welfare of the town and promotes the coordinated and
harmonious development of the town in a manner that conserves and
enhances ifs natural environment and its established character as a resort
and residential community of the highest quality.
4. Permit Fees: The town council shall set a floodplain permit schedule sufficient
to cover the cost of town staff time, consultant fees, and incidental expense.
5. Expiration of Permit: Floodplain Permits shall expire two (2) years after its date
of issuance if the permittee has not started construction under the permit.
F. Provisions for Flood Hazard Reduction
1. General Standards: In all areas of special flood hazards, the following
provisions are required for all new construction and substantial improvements:
a. Habitable structures or improvements shall NOT be permitted to be
constructed within the one-hundred year floodplain. Improvements that may
be approved for construction within the one-hundred year floodplain include:
(1) Temporary grading in the Floodplain approved by the Floodplain
Administrator, in which the site is returned fo ifs existing grade and conditions;
Ordinance No. 28, Series of 2007 11
(2)Utilify construction/maintenance within the Floodplain approved by the
Floodplain Administrator which is deemed to have an insignificant impact to
the Floodplain;
(3)Sfreambank stabilization withiin the floodplain approved by the Floodplain
Administrator and is deemed to have an insignificant impact to the Floodplain;
(4)Public Infrastructure construction/maintenance approved by the Floodplain
Administrator including but not limited to roads, bridges, recreation paths,
walks, stream drop structures, Gsnd stream erosion control measures which are
deemed to have an insignificant` impact to the Floodplain.
b. An insignificant impact to the Floodplain shall be defined as: An improvement
in the floodplain that is a public benefit that meets the criteria set out in
Subsection 12-21-11F-1A and causes no negative impacts to adjacent
properties and no permanent localized cumulative increase in the adopted
Base Flood Elevations (BFE) grisafer than 0.25' vertical feet. The applicant
shall apply for a conditional FIRM and floodway revision through FEMA, if
applicable.
c. All new structures or improvements, unless otherwise specifically provided for
within this Chapter, shall not influence the 100-year floodplain and shall
maintain a minimum clear distance from the 100-year floodplain of one (1) foot
in both the horizontal and vertical directions.
d. Floor plans and elevations illusifrating that the lowest floor elevations including
basement, of the new or substantially improved structure, shall be elevated to
at least one foot (1 ~ above the brase flood elevation.
e. All approved new or modified improvements shall be designed (or modified)
and adequately anchored to prevent flotation, collapse or lateral movement of
the improvement resulting from hydrodynamic and hydrostatic loads, including
the effects of buoyancy;
f. All new approved construction or modified improvements shall be constructed
by methods and practices that minimize flood damage;
g. All new approved construction or modified improvements shall be constructed
with materials resistant to flood damage;
h. All existing non-conforming structures located within the 100 year floodplain
that may require maintenance shall not negatively impact the adopted BFE's or
adjacent properties in anyway, unless as provided by Subsection 12-29-11~
1A.; and shall increase conformity and flood protection as required by the
Floodplain Administrator (i.e. floodproofing, flotation prevention, flood
resistant materials, etc...).
i. All existing non-conforming structures that may require maintenance to
operational systems that are witthin the floodplain shall be constructed with
electrical, heating, ventilation, plumbing, and air conditioning equipment and
other service facilities that are designed and/or located so as to prevent water
from entering or accumulating uvifhin the components during conditions of
flooding.
j. All new and replacement wafer supply systems shall be designed to minimize
or eliminate infiltration of flood waters into the system;
k. New and replacement sanitary sewage systems shall be designed to minimize
or eliminate infiltration of flood waters into the system and discharge from the
systems into flood waters; and,
Ordinance No. 28, Series of 2007 12
1. On-site waste disposal systems shall be located to avoid impairment to them
or contamination from them during flooding.
2. Standards For Areas Of Shallow Flooding (AO/AH Zones)
Located within the areas of special flood hazard established in Subsection 12-21-
116, are areas designated as shallow flooding. These areas have special flood
hazards associated with base flood depths of 1 to 3 feet where a clearly defined
channel does not exist and where the path of flooding is unpredictable and where
velocity flow maybe evident. Such flooding is characterized by ponding or sheet
flow; therefore, the following provisions apply:
a. All new construction and substantial improvements of residential structures
have the lowest floor (including basement) elevated above the highest adjacent
grade at least as high as the depth number specified in feet on the
community's FIRM (at (east two feet if no depth number is specified).
b. All new construction and substantial improvements ofnon-residential
structures; have the lowest floor (including basement) elevated above the
highest adjacent grade at least as high as the depth number specified in feet
on the community's FIRM (at least two feet if no depth number is specified), or;
together with attendant utility and sanitary facilities be designed so that below
the base flood level the structure is watertight with walls substantially
impermeable to the passage of water and with structural components having
the capability of resisting hydrostatic and hydrodynamic loads of effects of
buoyancy.
c. A registered professional engineer or architect shall submit a certification to
the Floodplain Administrator that the standards of this Chapter are satisfied.
d. Require within Zones AH or AO adequate drainage paths around structures on
slopes, fo guide floodwaters around and away from proposed structures.
3. Floodways: Floodways -located within areas of special flood hazard
established in Subsection 12-21-11B, are areas designated as floodways: Since
the floodway is an extremely hazardous area due to the velocity of floodwaters
which carry debris, potential projectiles and erosion potential, the following
provisions shall apply: '
a. Encroachments are prohibited, including fill, new construction, substantial
improvements and other development within the adopted regulatory floodway
unless it has been demonstrated through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice that the proposed
encroachment would not result in any increase in flood levels within the
community during the occurrence of the base flood discharge.
b. If Subsection 12-21-11F above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction
provisions of Subsection 12-21-11 F.
c. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Regulations, a community may permit encroachments within the
t adopted regulatory floodway that would result in an increase in base flood
elevations, provided that the community first applies for a conditional FIRM
and floodway revision through FEMA.
Section 6. Section 12-21-12 is hereby amended as follows:
Ordinance No. 28, Series of 2007 13
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Section 7. Section 12-21-13 is hereby amended as follows:
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Section 8. Section 12-21-14 is hereby amended as follows:
12-21-1412: RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES:
Section 9. Section 12-2-15 is hereby amended as follows:
12-21-1~3: RESTRICTIONS IN GEOL_OGICALLYSENSITIVEAREAS:
Section 10. Section 12-21-16 is hereby amended as follows:
12-21-1~4: RIGHT OF APPEAL:
Nothing in this chapter shall be deemed to deny any interested person his/her rights to
appeal the decision of the administrator in accordance with section 12-3-3 of this title. In
addition, nothing in this chapter shall be deemed to deny any interested person his/her
righfs to seek a variance from the regrairements of this chapter, ^~^nnf :n fhn ^°nn ..,h„r~
dear-Aes~ Variances shall be governed by the
provisions of chapter 17 of this title.
Ordinance No. 28, Series of 2007 14
Section 11. Section 14-2-1 is hereby amended as follows:
Section 14-2-1: Definitions of Words and Terms
AASHTO: American Association of State Highway and Transportation Officials
Section 12. Chapter 14-3 is hereby amended as follows:
Table 1: Drivewa /Feeder Road Standards
Single-family, Two-family,
Primary/Secondary Multiple Family Multiple Family
Standard -access to not more than 3 -access to 4 to 11 -access to more than 11
dwelling units (including dwelling units dwelling units
EHUs) -feeder road only -feeder road only
-structures and all portions
thereof within 150' from edge
of streef avement
Driveway/Feeder Road
Min. Width 12' 20' 22'
Normal -Access from feeder road -Access from feeder to units
(Detail 1) to units shall comply wifh shall comply with single-family
single-family requirements contained herein
requirements contained
herein
Min. Width 15' 24' 24'
90° corner.
(cross-over)
Detail 2
Min. Width 16' 24' 28'
Entrance/Curb-cut (flare to 16') (flare to 24' with 10' curb- (flare to 28' with 15'curb-return
Detail 1 return radius radius
Max. Width 24' head in 36' 36'
Entrance/Curb-cut 48' back out
Detail 3
Min. Grade 0.5% 0.5% 0.5%
Centerline
Detail 4
Max. Grade 10% unheated 9% unheated 9% unheated
Centerline 12% heated 12% heated 12% heated
D
il 4
t °
(
)
e
a
Max. Grade 8% unheated 8% unheated 8% unheated
Centerline 12% heated 12% heated 10% heated
Corner/Cross-over
Detail 2
Max. cross-slope grade 8 % 8 % 8
(Detail l)
Ordinance No. 28, Series of 2007 15
Entry angle 45° 70° 70°
min. deflection for first
30' of driveway length
Detail 5
Max. centerline break- 14 % 6% 4
over grade
Detail 6
Max. grade at edge of 8% 6% 4%
public road asphalt
Detail 4
Max. length of max. 10' 15' 30'
grade at edge of public
road asphalt
Detail 4
Min. centerline turning 20' 30' 40'
radius
Detail 7
Table 2: Residential Access and Parkir-.q Standards
Single-family, Multiple Family
Two-family, Primary/Secondary Multiple Family -access to more than 11
Standard -access to not more thane 3 -access to 4 to 11 dwelling units
dwelling units(inc EHUs) dwelling units -feeder road only
-structures and all portions -feeder road only
thereof within 150' from edge of
street avement
Curb Cuts
Curb cuts permitted (number) 1 per street per unit 2 per parcel Minimum necessary for
Maximum of 2 curb cuts er lot ade uate access
Parking Requirements
Min. horizontal clearance 24' N/A N/A
between garage doors
(parallel fo road) to edge of
public street pavement
Detail 3
Min. horizontal clearance 5' S' 5'
between required parking
space and edge of public
street or feeder road
avement
Min. horizontal clearance N/A 2' from obstructions 5' from obstructions
from feeder road to 5' from buildings 10' from buildings
structures
/obstructions (e.g.,
guardrails, trees, retaining
walls, etc.)
(Detai/ 8)
Ordinance No. 28. Series of 2007 16
Parking space size 9' x 19' surface See Table 4, See Table 4,
9' x 18' enclosed Commercial/Multiple- Commercial/Multiple-
Family Parking Lot Family Parking Lot
Standards Standards
Sight distance triangle
(Detail 3)
Back-out/Turn-around area
(Detail 7)
Forward Movement: 10'
perpendicular x 250' lateral
Backward Movement: 15' x 250'
lateral or per AASHTO
intersection sight distance
standards if required by the
Administrator.
12' wide
20' centerline radius
Designed for 3 point turn or less
Required when:
- cross-over angle is greater
than 120°;
- entry angle is less than 70°;
- accessing a collector, arterial,
or commercial street; or
- backout sight triangle
requirement is not met.
10' perpendicular x 250'
lateral or per AASHTO
intersection sight
distance standards if
required by the
Administrator. {strict
Back-out into right-of-
way prohibited
Turn-around area:
12' wide
20' centerline radius
Designed for 3 point turn
or less
10' perpendicular x 250'
lateral ¢stris~sernpEianse
or per
AASHTO intersection
sight distance
standards, if required
by the Administrator,
or by an approved
mitigation device.
Back-out into right-of-
way prohibited
Car turn-around area:
12' wide
20' centerline radius
Designed for 3 point turn
or less
Truck turn-around area:
Shall be designed so
trucks exit site forward
as determined by traffic
engineer based on uses
Driveway Pan (Drainage) 4' wide concrete pan at edge of 4' wide concrete pan at 8' wide concrete pan at
(Detail 1) asphalt for the full width edge of asphalt for the edge of asphalt for the
driveway pavement including full width driveway full width driveway
returns pavement including pavement including ,
returns returns
Section 13. Section 14-3-2 is hereby amended as follows:
14-3-2: Other Requirements:
G. Access curb cuts/pans Maintenance: All access curb cuts and/or driveway
pans shall be maintained by fhe access owner. Heaving, concrete degradation,
cracking, etc.., shall be repaired in a timely manner by the access owner. The
Town may require fhe access owner to repair non-functioning or hazardous
access curb cuts/pans within 30 days of notification or the Town may complete the
repair at the expense of the access owner. An invoice shall be sent to the owner
and shall be paid within 30 days or a lien maybe placed on the property.
H. Landscape and Other Improvements within or adjacent to the Right of Way: All
improvements and landscaping within or adjacent to the Right of Way shall be
subject to Town of Vail approval and shall require a revocable right of way permit
fo be recorded with Eagle County. The improvements shall adhere to the following
guidelines (Table 3) unless otherwise approved by the Administrator:
Ordinance No. 28, Series of 2007 17
Table 3: Improvements-And The Riclht Of Way
Improvement Min. Offset from Min. Offset from
Edge of Public Edge of Public
road walk/ ath
Trees ~10' 5'
Shrubs/ erennials/annuals/etc... :5' 2'
Retaining walls 8 other '10' 5'
ermanenf obstructions
Water features, decks, patios, INot allowed in Not allowed in
parking, private signs, entry fright-of-way right-of-way
features, gates, fences, private
li hts, cobble lined ditches
Irrigation 8 Grass ;2' 0'
Section 14: Section 14-4-1 is hereby amended as follows:
14-4-1: MINIMUM STANDARDS:
This section (table S4) specifies residential fire department access standards for
residential development. These standards are subject to all conditions and exceptions
described herein. These standards shall be considered the minimum standards. When
two (2) or more standards conflict, the more restrictive standard shall apply.
TABLE ~ 4
RESIDENTIAL FIRE DEPARTMENT ~4CCESS STANDARDS
Section 15. Section 14-5=1 is hereby amended as follows:
14-5-1: MINIMUM STANDARDS: Thin section (table 5 4) specifies the parking lot
standards for all uses excluding residE~ntial uses under three (3) units and including, but
not limited to, commercial, retail, office, restaurant, institutional, hotel, accommodation,
and multiple-family development. These standards are subject fo all conditions and
exceptions described herein. These standards shall be considered the minimum
standards. When two (2) or more standards conflict the more restrictive standard shall
apply.
TABLE 5 4: PARKING LOT DESIGN STANDARDS
Angle of
parking space Minimum
One-way drive aisle Minimum
Two-way drive
aisle Minimum
Parking stall size and clearance
0 ° (parallel) 12' 22' 9' x 24'
45° ~' 14' 22' 9' x 19' surface
9' x 18' enclosed
8' x 16' compact (up to 25 % of required parking
in lots with more than 15 parking spaces and
clearly marked as such)
7' height clearance for enclosed parking
Ordinance No. 28, Series of 2007 18
60° 16' 24' 9'x 19'surface
9' x 18' enclosed
8' x 16' compact (up to 25% of required parking
in lots with more than 15 parking spaces and
clearly marked as such)
T hei ht clearance for enclosed arkin
75° ~' 19' 24' 9' x 19' surface
9' x 18' enclosed
8' x 16' compact (up to 25% of required parking
in lots with more than 15 parking spaces and
clearly marked as such)
7' hei ht clearance for enclosed arkin
90° 24' 24' 9' x 19' surface
9' x 18' enclosed
8' x 16' compact (up to 25% of required parking
in lots with more Phan 15 parking spaces and
clearly marked as such)
7' hei ht clearance for enclosed arkin
Cross-over ~-' 17' ~4-' 30' ~ n/a
drive aisle
Drive aisle with 12' 22' n/a
no arkin
Min. opening 12' 20' n/a
for a parking '
structure
entrance
Section 16. Section 14-5-2 is hereby amended as follows:
14-5-2: OTHER REQUIREMENTS:
B.On Street Parking: On street parking is not permitted for private developments. All
public on street parking provided in the right of way shall meet the standards included
in this chapter (table 5 4).
K. Valet Parking: Valet parking shall be allowed, but shall not exceed fifty percent (50%)
of the required parking on site. Valet parking shall be calculated utilizing an eight foot
by eighteen foot (8' x 18) parking space for each car (parallel spaces must be 9' x
20). Cars maybe parked #apelena up to 4 cars deep in a valet lot stacked in a
manner in which any vehicles that may have to be temporarily moved by a valet
to gain access to another vehicle can be temporarily parked in a location that
does not block public drive/pedestrian aisles or a designated parking space.
M. Parking Structure Ramp Grades: Table 6 (below) outlines requirements for
cross slope, ramp grade, and centerline grade break in parking structures.
Table 6: Parking Structure Ramp Grades
Parking Structure Ramp Maximum Maximum Ramp Maximum
Type Parking Space Grades Centerline
Cross s/o a Grade Break
Passenger Vehicle Only 6% 14% 8%
and Internal to Structure
Ordinance No. 28, Series of 2007 19
Passenger Vehicle Only 6% Unheated 9% 8%
and External (Exposed to Heated 12%
weather
Commercial/Loading 8 6% Unheated 9% 6%
Delive Heated 12%
Section 17. 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 18. The Town Council herE;by 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 19. 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 20. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extE~nt 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 REF~DING this 4th day of September, 2007, and a
public hearing for second reading of this Ordinance set for the 18th day of September, 2007, at
6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Rodney E. Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 28, Series of 2007 20
Attachment B
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: August 27, 2007
SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant to Section 12-
3-7, Amendment, Vail Town Code, for a prescribed regulation amendment to Chapter
12-21, Hazard Regulations, Vail Town Code, in order to comply with FEMA floodplain
regulations, and Title 14, Development Standards Handbook, Vail Town Code, for
clarifications to driveway and parking standards, and setting forth details in regard
thereto. (PEC07-0053)
Applicant: Town of Vail
Planner: Rachel Friede
I. SUMMARY
The applicant, Town of Vail, is requesting that the Planning and Environmental Commission
forward a recommendation to the Vail Town Council regarding the proposed text amendments
to Chapter 12-21, Hazard Regulations, Vail Town Code, in order to comply with FEMA
floodplain regulations, and Title 14, Development Standards Handbook, Vail Town Code, for
clarifications to driveway and parking standards.
Based upon Staff's review of the criteria outlined in Section V of this memorandum and the
evidence and testimony presented, the Community Development Department recommends
the Planning and Environmental Commission forward a recommendation of approval to the
Vail Town Council for the proposed text amendments, subject to the findings noted in Section
VI of this memorandum.
II. DESCRIPTION OF REQUEST
The primary purpose of the proposed .text amendments is to update the flood hazard
regulations in order to comply with the Federal Emergency Management Agency (FEMA)
standards: FEMA is requiring all municipalities to adopt a form of their standards prior to
December 4, 2007. Through the Town Engineer's involvement in this text amendment,
additional amendments were added in order to clarify sections of Title 14 related to parking
and driveways. The following outlines each section of text amendments with an explanation of
the rationale for each amendment:
*Chapter 12-21, Hazard Regulations is being updated to reflect FEMA standards. In Section
12-21-2, Definitions, new definitions are added, as provided by FEMA, and.existing terms are
redefined based on updated information and references.
12-27-2: DEFINITIONS:
For the purposes of this chapter, the words contained in this section are defined as
follows:
ALLUVIAL FAN FLOODING -Flooding occurring on the surface of an alluvial fan
or similar landform, which originates at the apex and is characterized by high-
velocity flows; active processes of erosion, sediment transport, and deposition;
and unpredictable flow paths.
APEX - A point on an alluvial fain or similar landform below which the flow path
of the major stream that formed the fan becomes unpredictable and alluvial fan
flooding can occur.
AREA OF SHALLOW FLOODING - A designated AO, AH, or VO zone on a
community's Flood Insurance late Map (FIRM) with a one percent chance ar
greater annual chance of floodiing to an average depth of one to three feet where
a clearly defined channel does not exist, where the path of flooding is
unpredictable and where velocity flow maybe evident. Such flooding is
characterized by ponding or sheet flow.
BASE FLOOD -The flood havirog a one percent chance of being equaled or
exceeded in any given year.
BASEMENT -Any area of the building having its floor sub-grade (below ground
level) on all sides.
CRITICAL FEATURE - An integral and readily identifiable part of a flood
protection system, without which the flood protection provided by the entire
system would be compromised.
DEVELOPMENT -Any man-made change in improved and unimproved real
estate, including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations or storage of
equipment or materials.
ELEVATED BUILDING - A non•~basement building (i) built, in the case of a
building in Zones Al-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of
the elevated floor, or in the cane of a building in Zones V1-30, VE, or V, to have
the bottom of the lowest horizontal structure member of the elevated floor
elevated above the ground level by means of pilings, columns (posts and piers),
or shear walls parallel to the floor of the water and (ii) adequately anchored so as
not to impair the structural integrity of the building during a flood of up to the
magnitude of the base flood. In the case of Zones Al-30, AE, A, A99, AO, AH, B,
C, X, and D, "elevated building" also includes a building elevated by means of fill
or solid foundation perimeter walls with openings sufficient to facilitate the
unimpeded movement of flood' waters. In the case of Zones V1-30, VE, or V,
"elevated building" also includes a building otherwise meeting the definition of
"elevated building," even though the lower area is enclosed by means of
breakaway walls if the breaka~nray walls met the standards of Section 60.3(e)(5) of
the National Flood Insurance Program regulations.
EXISTING CONSTRUCTION -For the purposes of determining rates, structures
for which the "start of construction" commenced before the effective date of the
FIRM. "Existing construction" may also be referred to as "existing structures."
FLOOD HAZARD ZONE: •
sl~apte~-The land in the floodplain subject to a one percent or greater chance of
flooding in any given year. The area maybe designated as Zone A on the Flood
Hazard Boundary Map (FHBM). After detailed ratemaking has been completed in
preparation for publication of the FIRM, Zone A usually is refined into Zones A,
AE, AH, AO, Al-99, VO, V1-30, VE or V.
FLOOD OR FLOODING - A general and temporary condition of partial or
complete inundation of normally dry land areas from:
1. the overflow of inland or tidal waters.
2. the unusual and rapid accumulation or runoff of surface waters from any
source.
FLOOD INSURANCE RATE MAP (FIRM) - An official map on
which the Federal Emergency Management Agency has delineated both the
areas of special flood hazards and .the risk premium zones applicable to fhe
community.
base-flee
FLOOD INSURANCE STUDY -The official report provided by the Federal
Emergency
Management Agency. The report contains flood profiles, water surface elevation
of the base flood, as well as fhe Flood Boundary-Floodway Map.
FLOODPLAIN OR FLODD-PRONE AREA -Any land area susceptible to being
inundated by water from any source (see definition of flooding).
FLOODPLAIN MANAGEMENT -The operation of an overall program of corrective
and preventive measures for reducing flood damage, including but not limited to
emergency preparedness plans, flood control works and floodplain management
regulations.
FLOOD PROTECTION SYSTEM -Those physical structural works for which funds
have been authorized, appropriated, and expended and which have been
constructed specifically to modify flooding in order to reduce the extent of the
areas within a community subject to a "special flood hazard" and the extent of
the depths of associated flooding. Such a system typically includes hurricane
tidal barriers, dams, reservoirs, levees or dikes. These specialized flood
modifying works are those constructed in conformance with sound engineering
standards.
FLOOD PROOFING -Any combination of structural and non-structural additions,
changes, or adjustments fo structures which reduce or eliminate flood damage
to real estate or improved real property, water and sanitary facilities, structures
and their contents.
FLOODWAY (REGULATORY FL.OODWAI~ -The channel of a river or other
watercourse and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the water surface
elevation more than a designated height.
FUNCTIONALLY DEPENDENT IUSE - A use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The term
includes only docking facilities, port facilities that are necessary for the loading
and unloading of cargo or pas:~engers, and ship building and ship repair
facilities, but does r-ot include long-term storage or related manufacturing
facilities.
HIGHEST ADJACENT GRADE -The highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE - Any structure that is:
1. Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on
the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily deter-riined by the Secretary to qualify as a registered
historic district;
3. Individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the Secretary
of Interior; or
4. classified as historically. significant per Chapter 10-2, Special Historic and
Architectural Structures, Vail Town Code.
LEVEE - A man-made structure, usually an earthen embankment, designed and
constructed in accordance withh sound engineering practices to contain, control,
or divert the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM - A flood protection system which consists of a levee, or levees,
and associated structures, such as closure and drainage devices, which are
constructed and operated in accordance with sound engineering practices.
LOWEST FLOOR -The lowest iFloor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking
or vehicles, building access or storage in an area other than a basement area is
not considered a building's lor~vest floor; provided that such enclosure is not
built so as to render the structuure in violation of the applicable non-elevation
design requirement of Section 60.3 of the National Flood insurance Program
regulations.
MEAN SEA LEVEL -For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base
flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
NEW CONSTRUCTION -For the purpose of determining insurance rates,
structures for which the "start of construction" commenced on or after the
effective date of an initial FIRM, and includes any subsequent improvements fo
such structures. For floodplain management purposes, "new construction"
means structures for which the "start of construction" commenced on or after
December 4, 2007, and includes any subsequent improvements to such
structures.
ONE HUNDRED (100) YEAR FLOODPLAIN -See "Flood Hazard Zone" above.
RECREATIONAL VEHICLE - A vehicle which is:
1. built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projections;
3. designed to be self-propelled or permanently towable by a light duty truck;
and
4. designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, (ravel, or seasonal use
START OF CONSTRUCTION - (for other than new construction or substantial
improvements under the Coasfa/Barrier Resources Act (Pub. L. 97-348)),
includes substantial improvement and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement was within 180 days of
the permit date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction'of columns; or any work beyond the stage
of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for basement, footings, piers or
foundations or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or sheds
not occupied as dwelling units or not part of the main structure. For a substantial
improvement, the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
STRUCTURE - A walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE -Damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged condition
would equal or exceed 50 percent of the market value of the structure before the
damage occurred.
WATER SURFACE ELEVATION -The height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of
various magnitudes and frequencies in the floodplains of coastal or riverine
areas.
5
*Section 12-21-11, Flood Hazard Zones and Flood Hazard Studies, Vail Town Code, has been
amended to adopt the latest FEMA Floodplain Insurance Study and accompanying documents. The
regulations also reflect proposed changes to they Floodplain Regulations in order to simplify the
process for review. The proposed text amendments will establish two permits, a Floodplain Use
Permit that may be reviewed by the Floodplain Administrator or by the PEC, and a Floodplain
Modification Permit, which must be reviewed by the PEC.
12-21-11: FLOOD HAZARD ZONES ^ nm c~ nnn ua ~n on cry ~n-cc_
h ° _nrn (~rnnL Clnnrlnhin
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/a~~ateel-E~esere~~~ €
p .
A. PURPOSE:
To promote public health, safety and general welfare and to minimize public and
private losses due to flood conditions in specific areas by provisions designed
to:
1. Protect human life and 1'~ealth;
2. Minimize expenditure oi` public money for costly flood control projects;
3. Minimize fhe need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets and bridges located in
floodplains;
6. Help maintain a stable tax base by providing for the sound use and
development of flood prone areas in such a manner as to minimize future
flood blight areas;
7. Insure that potential buyers are notified that property is in a flood area.
8. Insure that those who occupy the floodplain assume the responsibility for
their actions;
9. Protect the natural areas required to convey flood flows and retain flow
characteristics; and
10. Obtain and maintain they benefits fo the community of participating in the
National Flood Insurance Program.
B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD:
The areas of special flood hazard identified by fhe Federal Emergency
Management Agency in a scientific and engineering report entitled, "The Flood
Insurance Study for Eagle County, Colorado and Incorporated Areas dated
December 4th, 2007, with accompanying Flood Insurance Rafe Maps and Flood
Boundary-Floodway Maps (FIRM and FBFM) and any revisions thereto are
hereby adopted by reference and declared to be a part of fhis chapter.
C. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR:
The Town Engineer or designee is hereby appointed the Floodplain
Administrator to administer and implement the provisions of this chapter and
other appropriate sections of 44 CFR (National Flood Insurance Program
Regulations) pertaining to floodplain management.
D. DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR:
Duties and responsibilities of the Floodplain Administrator shall include, but not
be limited to,
the following:
1. Maintain and hold open for public inspection all records pertaining to the
provisions of this chapter.
2. Review all permit applications to ensure that the requirements of this
chapter have been satisfied and that the proposed improvement will be
reasonably safe from flooding.
3. Review, approve or deny floodplain use and modification permits to
determine whether proposed improvements meet the provisions of this
chapter.
4. Review evidence prior to the issuance of a floodplain use permit that all
necessary permits have been obtained from those federal, state, or local
government agencies from which prior approval is required. Conditional
floodplain use permits maybe issued contingent upon receipt of the
above-mentioned agency permits.
5. Review and verify that no new habitable structure is constructed within
the flood hazard zone.
6. Review and verify that a licensed. professional engineer or professional
land surveyor certify the location of the 100 year floodplain on all
development applications that are adjacent to, or partially located within
the 100 year floodplain, that are proposing improvements That may effect
the floodplain.
7. Where interpretation is needed as to the exact location of the boundaries
of the areas of special flood hazards (for example, where. there appears to
be a conflict between a mapped boundary and actual field conditions) the
Floodplain Administrator shall make the necessary interpretation.
8. Notify, in riverine situations, adjacent communities and the Colorado
Division of Emergency Management, prior fo any alteration or relocation
of a watercourse, and submit evidence of such notification to the Federal
Emergency Management Agency.
9. Assure that the flood carrying capacity within any altered or relocated
portion of any watercourse is maintained.
10. When base flood elevation data has not been provided in accordance with
Subsection 12-21-11 B, the Floodplain Administrator shall obtain, review
and reasonably utilize any base flood elevation data and floodway data
available from Federal, State or other source, in order to administer the
provisions of Subsection 12-21-11 F.
11. When a regulatory floodway has not been designated, the Floodplain
Administrator must require that no new construction, substantial
improvements, or other development (including fill) shall be permitted
within Zones Al-30 and AE on the community's FIRM, unless it is
demonstrated that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development, will
not increase the water surface elevation of the base flood more than one
foot at any point within the community.
12. Under the provisions of 44 CFR Chapter 1, Section 65.12, of fhe National
Flood Insurance Program regulations, a community may approve certain
development in Zones Al-30, AE, AH, on the community's FIRM which
increases the water surface elevation of the base flood by more than one
foot, provided that the community first applies for a conditional FIRM
revision through FEMA (Conditional Letter of Map Revision).
E..FLOODPLAIN PERMITS
1. Floodplain Use Permit
a. Purpose: The Floodplain Use Permit is a permit to allow temporary
grading within the floodplain and allow for necessary public
infrastructure improvements within the floodplain. A Floodplain Use
Permit maybe issued under at least one of the following conditions:
(1) Temporary grading in the Floodplain approved by fhe Floodplain
Administrator, in which the site is returned to its existing grade and
conditions;
(2) Utility construction/maintenance within the Floodplain approved by
the Floodplain Administrator which is deemed to have an insignificant
impact to the 100 Year Floodplain;
(3) Streambank stabilization within the floodplain approved by the
Floodplain Administrator and is deemed to have an insignificant
impact to the Floodplain;
(4) Public Infrastructure construction/maintenance approved by the
Floodplain Administrator including but not limited to roads, bridges,
recreation paths, walks, stream drop structures, and stream erosion
control measures whhich are deemed to have an insignificant impact to
the Floodplain;
b. Floodplain Use Permiit Application Submittal Requirements: Applicants
shall provide the following information prior to design review or any
review by the Planning and Environmental Commission:
(1) Site plan at an engineering scale showing the location,
dimensions, and elevations of the proposed landscape/grade
a/ferations, existing and proposed structures, relevant
landscape/topographic features, and the location of the foregoing in
relation to the one hundred year floodplain. The floodplain line shall
be provided on a plan certified by a licensed professional engineer or
land surveyor.
(2) Detailed topographic cross-sections provided by a licensed
professional surveyor of the area proposed to be altered, showing
existing and proposed conditions.
(3)Description of the' extent to which any floodplain will be altered
including; why, when, how, and when it will be replaced back to ifs
original configuratia~n, and addressing each relevant criferia in
Subsection 12-21-11 E-3.
(4)Copy of all other necessary approved permits (i,e. Building permit,
Public .Way permit, ACOE permit, Dewatering permit, DOW permit,
CDHPE permit, etc...)]
(5) if required by the Floodplain Administrator, an engineered
floodplain analysis cif fhe impacts to fhe floodplain prepared by a
qualified licensed professional engineer.
(6)Submitted application for a conditional FIRM and f/oodway revision
through FEMA, if applicable.
(7)Any additional information deemed necessary by the Floodplain
Administrator.
2. Floodplain Modification Permit
a. Purpose: A Floodplain Modification Permit is a permit to allow
construction of improvements and/or modifications to the adopted
floodplain for all other uses, improvements, or modifications to or
within the floodplain that do not fall within the guidelines of the
Floodplain Use Permit. However, no habitable structures or
improvements shall be allowed to be constructed within the
Floodplain.
b. Floodplain Modification Application Submittal Requirements:
Applicants shall provide the following information prior to design
review or any review by the Planning and Environmental Commission:
(1)Elevation of the lowest floor (including basement and crawl space) of
all new and substantially improved structures within or adjacent to the
floodplain.
(2)Description of the extent to which any floodplain will be altered
including; why, when, how, and when it will be replaced back to its
original configuration, and addressing each relevant factor in
Subsection 12-21-11 E-3.
(3)Signature of the owners of all property subject to an impact by the
proposed improvement.
(4)A site plan drawn to an engineering scale showing the location,
dimensions, and elevations of the proposed landscape/grade
alterations, existing and proposed structures, relevant
landscape/topographic features, and the location of the foregoing in
relation to the one hundred year Floodplain. The floodplain line shall
be provided on a plan certified by a licensed professional engineer or
land surveyor.
(5)Detailed topographic cross-sections provide by a licensed
professional surveyor. of the area proposed to be altered, showing
existing and proposed conditions.
(6)Copy of all other necessary approved permits (i.e. Building permit,
Public Way permit, ACOE permit, Dewatering permit, DOW permit,
CDHPE permit)
(7)An engineered floodplain analysis of the impacts to the floodplain
prepared by a qualified licensed professional engineer.
(8)Copy of submitted application for a conditional FIRM and floodway
revision through FEMA, if applicable.
(9) Environmental Impact Report, per Chapter 12-12, Vail Town Code.
(10)Any additional information deemed necessary by the Floodplain
Administrator.
3. Review, Criteria and Findings: Af the discretion of the Floodplain
Administrator, Floodplain Use Permits maybe reviewed by the Floodplain
Administrator or the PEC. All Floodplain Modification Permits shall be
reviewed and approved by the Floodplain Administrator and the PEC.
a. Criteria: The following factors shall be used to make a determination
in issuance of Floodplain Permits:
(1) The effects upon the efficiency or capacity of the Floodway;
(2)The effects upon persons and personal property upstream,
downstream and in 1`he immediate vicinity;
(3)The effects upon .the one hundred year flood profile and channel
stability;
(4)The effects upon ;any tributaries fo the main stream, drainage
ditches and any other drainage facilities or systems;
(5)The danger to life and property due to flooding or erosion damage;
(6)The susceptibility of the proposed improvements and its contents
to flood damage anal the effect of such damage on the individual
owner;
(7)The danger that materials maybe swept onto other lands to the
injury of others;
(8)The compatibility of the proposed use with existing and anticipated
development;
(9)The safety of access to fhe property in times of flood for ordinary
and emergency vehicles;
(10)The costs of providing governmental services during and after
flood conditions including; maintenance and repair of streets and
bridges, and public iufilities and facilities such as sewer, gas, electrical
and water systems;
(11)The expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters and the effects of wave action, if
applicable, expected at the site;
(12)The effect the proposed changes will have any adverse
environmental effect on the watercourse, including without limitation,
erosion of streambanks and streamside trees and vegetation and
wildlife habitat;
(13)The necessity to~ the facility of a waterfront location, where
applicable;
(14)The availability of alternative locations, not subject to flooding or
erosion damage, for the proposed use;
(15)The relationship of the proposed use to the comprehensive plan
for that area.
b. Findings: The following findings shall be made before granting of a
floodplain permit:
(1) That fhe proposed use or modification adequately addresses the
findings in Subsection 12-21-11E-3A, as determined by the Floodplain
Administrator. ,unless the applicant can demonstrate that one or
more of the standarials is not applicable, or that a practical solution
consistent with. the public interest has been achieved.
(2) That the proposed use or modification is consistent with the
adopted goals, objectives and policies outlined in the Vail
comprehensive plan and compatible with the development objectives
of the town; and
(3) That the proposed use or modification is compatible with and
suitable to adjacent uses and appropriate for the surrounding areas;
and
(4) That the proposed use or modification promotes the healthy safety,
morals, and general welfare of the town and promotes fhe coordinated
and harmonious development of the town in a manner that conserves
io
and enhances ifs natural environment and its established character as
a resort and residential community of the highest quality.
4. Permit Fees: The town council shall set a floodplain permit schedule
sufficient to cover the cost of town staff time, consultant fees, and
incidental expense.
5. Expiration of Permit: Floodplain Permits shall expire two (2) years after
its date of issuance if the permittee has not started construction under the
permit.
F. Provisions for Flood Hazard Reduction
1. General Standards: !n all areas of special flood hazards, fhe following
provisions are required for all new construction and substantial
improvements:
a. Habitable structures or improvements shall NOT be permitted to be
constructed within the one-hundred year floodplain. Improvements
that maybe approved for construction within the one-hundred year
floodplain include:
(1) Temporary grading in the Floodplain approved by the Floodplain
Administrator, in which the site is returned to its existing grade and
conditions;
(2)Utility construction/maintenance within the Floodplain approved by
the Floodplain Administrator which is deemed to have an insignificant
impact to the Floodplain;
(3)Streambank stabilization within the floodplain approved by the
Floodplain Administrator and is deemed to have an insignificant
impact to the Floodplain;
(4)Public Infrastructure construction/maintenance approved by the
Floodplain Administrator including but not limited to roads, bridges,
recreation paths, walks, stream drop structures, and stream erosion
control measures which are deemed to have an insignificant impact to
the Floodplain.
b. An insignificant impact to the Floodplain shall be defined as: An
improvement in the floodplain that is a public benefit that meets fhe
criteria set out in Subsection 12-21-11F-1A and causes no negative
impacts to adjacent properties and no permanent localized cumulative
increase in the adopted Base Flood Elevations (BFE) greater than 0.25'
vertical feet. The applicant shall apply for a conditional FIRM and
floodway revision through FEMA, if applicable.
c. All new structures or improvements, unless otherwise specifically
provided for within this Chapter, shall not influence fhe 100-year
floodplain and shall maintain a minimum clear distance from the 100-
yearfloodplain of one (1) foot in both the horizontal and vertical
directions.
d. Floor plans and elevations illustrating that the lowest floor elevations
including basement, of the new or substantially improved structure,
shall be elevated to at least one foot (1 ~ above the base flood
elevation.
e. All approved new or modified improvements shall be designed (or
modified) and adequately anchored to prevent flotation, collapse or
ii
lateral movement of the improvement resulting from hydrodynamic
and hydrostatic loaals, including the effects of buoyancy;
f. All new approved co~nsfruction or modified improvements shall be
constructed by methods and practices that minimize flood damage;
g. All new approved co~nsfrucfion or modified improvements shall be
constructed with materials resistant to flood damage;
h. All existing non-conforming structures located within the 100 year
floodplain that may irequire maintenance shall not negatively impact
the adopted BFE's o~r adjacent properties in anyway, unless as
provided by Subsec~fion 12-21-11F-1A.; and shall increase conformity
and flood protection as required by the Floodplain Administrator (i.e.
floodproofing, flotation prevention, flood resistant materials, etc...).
i. All existing non-conforming structures that may require maintenance
to operational systemms that are within the floodplain shall be
constructed with electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities that are designed
and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
j. All new and replace-nent water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system;
k. New and replaceme~~t sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the system and
discharge from the :>ystems into flood waters; and,
1. On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
2. Standards ForAreas Of Shallow Flooding (AO/AH Zones)
Located within the areas of sp~ecia/ flood hazard established in Subsection 12-21-
11 B, are areas designated as shallow flooding. These areas have special flood
hazards associated with base flood depths of 1 to 3 feet where a clearly defined
channel does not exist and where the path of flooding is unpredictable and
where velocity flow maybe evident. Such flooding is characterized by ponding
or sheet flow; therefore, the following provisions apply:
a. All new construction and substantial improvements of residential
structures have the lowest floor (including basement) elevated above
the highest adjacentF grade at least as high as the depth number
specified in feet on 1Fhe community's FIRM (at least two feet if no depth
number is specified).
b. All new construction and substantial improvements ofnon-residential
structures; have the lowest floor (including basement) elevated above
the highest adjacentF grade at least as high as. the depth number
specified in feet on ifhe community's FIRM (at least two feet if no depth
number is specifiedl, or; Together with attendant utility and sanitary
facilities be designed so That below the base flood level the structure
is watertight with walls substantially impermeable to the passage of
water and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads of effects of buoyancy.
c. A registered professional engineer or architect shall submit a
certification to the Floodplain Administrator that the standards of this
Chapter are satisfie~al.
iz
d. Require within Zones AH or AO adequate drainage paths around
structures on slopes, to guide floodwaters around and away-from
proposed structures.
3. Floodways: Floodways -located within areas of special flood hazard
established in Subsection 12-21-11 B, are areas designated as floodways. Since
the floodway is an extremely hazardous area due to fhe velocity of floodwaters
which carry debris, potential projectiles and erosion potential, the following
provisions shall apply:
a. Encroachments are prohibited, including fill, new construction,
substantial improvements and other development within the adopted
regulatory floodway unless it has been demonstrated through
hydrologic and hydraulic analyses performed in accordance with
standard engineering practice that the proposed encroachment would
not result in any increase in flood levels within the community during
the occurrence of the base flood discharge.
b. If Subsection 12-21-11F above is satisfied, all new construction and
.substantial improvements shall comply with all applicable flood
hazard reduction provisions of Subsection 12-21-11 F.
c. Under fhe provisions of 44 CFR Chapter 1, Section 65.12, of the
National Flood Insurance Regulations, a community may permit
encroachments within the adopted regulatory floodway that would
result in an increase in base flood elevations, provided that the
community first applies for a conditional FIRM and floodway revision
Through FEMA.
12-21-10: DEVELOPMENT RESTRICTED:
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12-21-16: RIGHT OF APPEAL:
Nothing in this chapter shall be deemed to deny any interested person his/her rights to
appeal the decision of the administrator in accordance with secfion 12-3-3 of this title.
In addition, nothing in this chapter shall be deemed to deny any interested person
his/her rights to seek a variance from the requirements of this chapter, nv^°nf in fho
. Variances shall be
governed by the provisions of cha tp er 17 of this title.
*The following changes occur to ChaptE;r 14-2, Definitions, and 14-3, Residential Access,
Driveway and Parking Standards. The acronym AASHTO is used in Table.2, and is defined in
14-2, Definitions.
In Table 1, the maximum grade centerline in asingle-family, two-family and primary/secondary
allows for up to 16% slope for driveways that are heated and engineered with a flat recovery
area. It is not practical to have such a regulation, as requiring a flat recovery area would allow
for a flatter grade, thus achieving conformity with the 12% maximum grade. This provision has
never been used and confuses applicani:s into thinking they can have up to a 16% grade when
other options exist for flatter driveways.
Table 2 has been amended to allow for AASHTO site distance standards to be used where the
town's stricter requirements cannot be met. AASHTO gives developments options such as
technology, video and signals when site distance triangles are unachievable.
Title 14: Development Standards Handbook
Chapter 14-2: Definitions:
AASHTO: American Associafion of State Highway and Transportation Officials
Chapter 14-3. Residential Access, Driveway and Parking Standards
14-3-1: Minimum Standards: This sectic-n (Tables 1 and 2) specifies the access, driveway and
parking standards for residential development. These standards are subject to all conditions
and exceptions described herein. These standards shall be considered the minimum
standards. When two or more standards conflict, the more restrictive standard shall apply.
14
Table 1: Driveway/Feeder Road Standards
Single-family, Two-family,
Primary/Secondary Multiple Family
-access to not more than 3 -access to 4 to 11
Standard dwelling units (including dwelling units Multiple Family
EHUs) -feeder road only -access to more than 11
-structures and all portions dwelling units
thereof within 150' from -feeder road only
ed a of street pavement
Driveway/Feeder Road
Min. Width 12' 20' 22'
Normal -Access from feeder road to -Access from feeder to units
(Detail 1) units shall comply with single- shall comply with single-family
family requirements contained requirements contained herein
herein
Min. Width 15' 24' 24'
90° corner
(cross-over)
Detail 2
Min. Width 16' 24' 28'
Entrance/Curb-cut (flare to 16') (flare to 24' with 10' curb-return (flare to 28' with 15'curb-return
Detain radius radius
Max. Width 24' head in 36' 36'
Entrance/Curb-cut 48' back out
Detail 3
Min. Grade 0.5% 0.5% 0.5%
Centerline
Detail 4
Max. Grade 10% unheated 9 % unheated 9 % unheated
Centerline 12 % heated 12 % heated 12 % heated
(Detail 4) °
nnrrinooraiJ uiifh fhf
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Max. Grade 8% unheated 8% unheated 8% unheated
Centerline 12% heated 12% heated 10% heated
Corner/Cross-over
Detail 2
Max. cross-slope grade 8% 8% 8%
Detail 1
Entry angle 45° 70° 70°
min. deflection for first
30' of driveway length
Detail s
Max. centerline break- 14% 6% 4%
over grade
Detail 6
Max. grade at edge of 8% 6% 4%
public road asphalt
Detail 4
Max. length of max. 1 D' 15' 30'
grade at edge of public
road asphalt
Detail 4
Min. centerline turning 20' 30' 40'
radius
Detail 7
15
Table 2: Residential Access and Parking ;standards
Single-family,
Two-family, Primary/Secondary Multiple Family Multiple Family
-access to not more thar- 3 -access to 4 to 11 -access to more than 11
Standard dwelling units(inc EHUs) dwelling units dwelling units
-structures and all portions -feeder road only -feeder road only
thereof within 150' from edge of
street avement
Curb Cuts
Curb cuts permitted (number) 1 per street per unit 2 per parcel Minimum necessary for
Maximum of 2 curb cuts per lot ade uate access
Parking Requirements
Min. horizontal clearance between 24' N/A N/A
garage doors (parallel to road) to
edge of public street pavement
Detail 3
Min. horizontal clearance between 5' S' S'
required parking space and edge of
public street or feeder road
avement
Min. horizontal clearance from N/A 2' from obstructions 5' from obstructions
feeder road to structures 5' from buildings 10' from buildings
/obstructions (e.g., guardrails,
trees, retaining walls, etc.)
Detail 8
Parking space size 9' x 19' surface See Table 4, See Table 4,
9' x 18' enclosed Commercial/Multiple-Family Commercial/Multiple-Family
Parkin Lot Standards Parkin Lot Standards
Sight distance triangle Forward Movement: 10' 10' perpendicular x 250' 10' perpendicular x 250'
(Detail 3) perpendicular x 250' lateral lateral or per AASHTO lateral
Backward Movement: 15' x 250' intersection sight
lateral or per AASHTO disfance standards if
intersection sight distaince required by the raaply}or per
standards if required bey the Administrator. {-s#-~st AASHTO intersection
Administrator.. sight distance
~~ ren~~ironl nn c~ifeo .,,,f standards, if required
e-te able~e~h-yyisally by the Administrator,
rnply} sen~ly~ or by an approved
miti ation device.
Back-out/Turn-around area 12' wide Back-out into right-of-way Back-out info right-of-way
(Detail 7) 20' centerline radius prohibited prohibited
Designed for 3 point tum or less Turn-around area: Car turn-around area:
Required when: 12' wide 12' wide
- cross-over angle is greater f~han 120°; 20' centerline radius 20' centerline radius
- entry angle is less than 70°; Designed for 3 point tum or Designed for 3 point turn or
- accessing a collector, arterisil, or less less
commercial street; or Truck turn-around area:
• - backout sight triangle requirement is Shall be designed so trucks
not met. exit site forward as
determined by traffic engineer
based on uses ro osed.
Driveway Pan (Drainage) 4' wide concrete pan at edge of asphalt 4' wide concrete pan at edge 8' wide concrete pan at edge
(Detail 1) for the full width driveway pavement of asphalt for the full width of asphalt for the full width
including returns driveway pavement including driveway pavement including
returns returns
16
~ Section 14-3-2, Other Requirements, has been amended to clarify curb cut and pan
maintenance. Currently, it is unclear who maintains curb cuts and pans, although it has been
policy to require .maintenance by access owners. This text amendment will ensure that access
owners maintain their curb cuts and pans when damage occurs. Another regulation was
outlined in this. section, clarifying where improvements can be in relation to the edge of road or
public walk/path in or adjacent to the right-of-way. These requirements are currently policy but
are not codified.
14-3-2: Other Requirements:
G. Access curb cuts/pans Maintenance: All access curb cuts and/or driveway pans
shall be maintained by the access owner. Heaving, concrete degradation, cracking,
etc... shall be repaired in a timely manner by the access owner. The Town may require
the access owner to repair non-functioning or hazardous access curb cuts/pans within
30 days of notification or the Town may complete the repair at the expense of the
access owner. An invoice shall be sent to the owner and shall be paid within 30 days or
alien maybe placed on the property.
H. Landscape and Other Improvements within or adjacent to the Right of Way: All
improvements and landscaping within or adjacent to the Right of Way shall be subject
to Town of Vail approval and shall require a revocable right of way permit to be
recorded with Eagle County. The improvements shall adhere to the following
guidelines unless otherwise approved by the Administrator:
Improvement Min. Offset from Min. Offset from
Edge of Public Edge of Public
road walk/path
Trees 10' 5'
Shrubs/perennials/annuals/etc... 5' - 2'
Retaining walls & other 10' S'
permanent obstructions
Water features, decks, patios, Not allowed in Not allowed in
parking, private signs, entry right-of-way right-of-way
features, gates, fences, private
lights, cobble lined ditches
Irrigation & Grass 2' 0'
* The following text amendments occur in Chapter 14-5, Parking 'Lot and Parking Structure
Design Standards for All Uses. Changes to Table 4 have been proposed in order to comply
with generally accepted engineering standards. 1n 14-5-2, Other Requirements, language was
added to the valet parking subsection in order to clarify limitations on tandem parking. Another
subsection was added to clarify ramp grades in parking structures, also per generally accepted
engineering standards.
Chapter 14-5. Parking Lot and Parking Structure Design Standards For All Uses
14-5-1: MINIMUM STANDARDS:
~~
TABLE 4: PARKING LOT DESIGN STANDARDS
Angle of Minimum Minimum Minimum
parking space One-way drive aisle Two-way drive .Parking stall size and clearance
aisle
0° (parallel) 12' 22' 9' x 24'
45° ~' 14' 22' 9' x 19' surface
9' x 18' enclosed
8' x 16' compact (up to 25% of required
parking
in lots with more than 15 parking
spaces and
clearly marked as such)
7' hei ht clearance for enclosed arkin
60° 16' 24' 9' x 19' surface
9' x 18' enclosed
8' x 16' compact (up to 25% of required
parking
in lots with more than 15 parking
spaces and
clearly marked as such)
7' hei ht clearance for enclosed parkin
75° ~' 19' 24' 9' x 19' surface
9' x 18' enclosed
8` x 16' compact (up to 25% of required
parking
in lots with more than 15 parking
spaces and
clearly marked as such)
7' hei ht clearance for enclosed arkin
90° 24' 24' 9' x 19' surface
9' x 18' enclosed
8' x 16' compact (up #0 25% of required
parking
in lots with more than 15 parking
spaces and
clearly marked as such)
7' hei ht clearance for enclosed arkin
Cross-over ~8-' 17' 24-' 30' n/a
drive aisle
Drive aisle 12' 22' n/a
with
no arkin
Min. opening 12' 20' n/a
for a parking
structure
entrance
is
14-5-2: Other Requirements:
K. Valet Parking
Valet parking shall be allowed, but shall not exceed 50% of the required parking on-site.
Valet parking shall be calculated utilizing an 8' x 18' parking space for each car (parallel
spaces must be 9' x 20). Cars may be parked #ander-a up to 4 cars deep in a valet lot
stacked in a manner in which any vehicles that may have to be temporarily moved
by a valet to gain access fo another vehicle can be temporarily parked in a location
that does not block public drive/pedestrian aisles or a designated parking space.
M. Parking Structure. Ramp Grades:
Parking Structure Ramp Maximum Maximum Ramp Maximum
Type Parking Space Grades Centerline
Cross sloe Grade Break
Passenger Vehicle Only 6% 14% 8%
and Internal to Structure
Passenger Vehicle Only 6% Unheated 9% 8%
and External (Exposed to Heafed 12%
weather)
Commercial/Loading & 6% Unheated 9% 6%
Delive Heated 12%
III. BACKGROUND
This application was made by the Town of Vail, per the direction of the Town Engineer, in
order to comply with FEMA regulations. The Town. Engineer also included basic changes to
Title 14 that were confusing or unclear to applicants.
The Town of Vail made a separate application for changes to Chapter 14-6, Grading
Standards, in order to allow for certain grading in the floodplain without PEC review. Those
changes are reflected in the proposed text amendments to Chapter 12-21, Hazard
Regulations.
IV. APPLICABLE PLANNING DOCUMENTS
Title 12. Vail Town Code: Zoning Regulations
Chapter 12-3: Administration and Enforcement
12-3-7: Amendment
C. Criteria And Findings:
2. Prescribed Regulations Amendment:
a. Factors, Enumerated: Before acting on an application for an amendment to the
regulations prescribed in this title, the planning and environmental commission and town
council shall consider the following factors with respect to the requested text
amendment:
(1) The extent to which the text amendment furthers the general and specific purposes
of the zoning regulations; and
(2) The extent to which the text amendment would better implement and better achieve
the applicable elements of the adopted goals, objectives; and policies outlined in the
Vail comprehensive plan and is compatible with the development objectives of the town;
19
and
(3) The extent to which the text amendment demonstrates how conditions have
substantially changed since the adoption of the subject regulation and how the existing
regulation is no longer appropriate or is inapplicable; and
(4) The extent to which the te:Kt amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
(5) Such other factors and criteria the commission and/or council deem applicable to the
proposed text amendment.
b. Necessary Findings: Before reaammending and/or granting an approval of an
application for a text amendment tike planning and environmental commission and the
town council shall make the following findings with respect to the requested amendment:
(1) That the amendment is consistent with the applicable elements of the adopted goals,
objectives and policies outlined in the Vail comprehensive plan and is compatible with
the development objectives of the town; and
(2) That the amendment furthers tl'~e general and specific purposes of the zoning
regulations; and
(3) That the amendment promotes the health, safety, morals, and general welfare of the
town and promotes 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.
Title 14, Vail Town Code: Development Standards Handbook
Chapter 14-1: Administration
14-1-1: Purpose and Intent:
It is the purpose of these rules, regulations, and standards to ensure the general health,
safety, and welfare of the community. These rules, regulations, and standards are
intended to ensure safe and efiFicient development within the town for pedestrians,
vehicular traffic, emergency response traffic, and the community at large. The
development standards will help protect property values, ensure the aesthetic quality of
the community and ensure adequate development of property within the Town.
V. REVIEW CRITERIA
1. The extent to which the text amendment furthers the purpose of the Zoning
Regulations and the Development Standards Handbook; and
Staff believes the proposed text amendments further the purpose of Title 12 and Title
14. The text amendments create a more comprehensive, clear, and concise Code that
will promote the general welfare of the community. Updating our regulations to meet
FEMA requirements will provide lfor a safer and better-regulated floodplain, which will in
turn protect the community. Aclding clarity will ensure that development is safer for
pedestrians, vehicles, and the community at large. Helping to streamline the
development review process will also ensure adequate development of property within
the town, as stated in Section 14-1-1, Purpose and Intent.
2. The extent to which the text; amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail Comprehensive Plan and is compatible with the development
objectives of the Town; and
ao
Staff believes the proposed text amendments better implement and better achieve 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.
Specifically, the text amendments will further achieve a goal of the Vail Land Use Plan
for Vail to grow in a controlled manner. It is important to protect the floodplain, and
these regulation changes will control disturbance of that floodplain, and thus, control
growth.
3. The extent to which the text amendment demonstrates how conditions have
substantially changed since the adoption of the subject regulation and how the
existing regulation is no longer appropriate or is inapplicable; and
Changes to Chapter 12-21 are in direct response to changing FEMA regulations.
Those changes have made our existing regulations inapplicable and thus, they need to
be amended to reflect those changes. The remaining changes are in response to
changes in generally accepted engineering standards and in AASHTO standards.
4. The extent to which the text. amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives.
Staff believes that the proposed text amendments will facilitate and' provide a
harmonious, convenient, workable relationship among land use regulations that are
consistent with the Town of Vail master plans and development objectives. The
proposed text amendments ensure that the floodplain is managed properly, and that
development has parking and driveway standards that are in line with generally
accepted engineering standards.
5. Such other factors and criteria the Commission and/or Council deem applicable
to the proposed text amendment.
VI. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and Environmental
Commission forward a recommendation of approval to the Town Council for proposed text
amendments to Chapter 12-21, Hazard Regulations, Vail Town Code, in order to comply with
FEMA floodplain regulations, and Title 14, Development Standards Handbook, Vail Town
Code, for clarifications to driveway and parking standards for proposed changes to the grading
standards, and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to approve these proposed. text
amendments, the Community Development Department recommends the Commission pass
the following motion:
"The Planning and Environmental Commission forwards a recommendation of
approval to the Town Council for the Town of Vail's request for proposed text
amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, for proposed
text amendments to Chapter 12-21, Hazard Regulations, Vail Town Code, in order to
comply with FEMA floodplain regulations, and Title 14, Development Standards
Handbook, Vail Town Code, for clarifications to driveway and parking standards, and
setting forth details in regard thereto."
zi
Staff's recommendation is based upon the review of the criteria in Section V of this
memorandum and the evidence and testimony presented. Should the Planning and
Environmental Commission choose to irecommend approval of the proposed amendments,
Staff recommends that the following findings be incorporated into a motion:
"1. That the amendments are consistent with the applicable elements of the adopted
goals, objectives and policiEas outlined in the Vail Comprehensive Plan and is
compatible with the development objectives of the Town, as referenced by Section
V of Staff's August 27, 2007 memorandum to the Planning and Environmental
Commission, and
2. That the amendments further the purpose of the Zoning Regulations and
Development Standards Handbook, as referenced by Section V of Staff's August
27, 2007 memorandum to the Planning and Environmental Commission; and
3. That the 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,
as referenced by Section V of Staff's August 27, 2007 memorandum to the
Planning and Environmental Commission."
zz
~1S y.~{• ~~ U~t+~ ~.3
"LAST CALL" program
,,,i~~
Request for Collaboration to
Address DeWxificalion and
Substance Abuse
`Eagle County Public Health
`CO West Regional Mental Health Center
*Municipal Police Chiefs
*Sheriff's Office
The current non-system
l~ Law Enforcement
Serious Substance Contact
Abuse
68ck into Protective custody -Jail
Communi Emergency room transport
Released to sober individual
An effective alternative...
~'''''~i~l(
^ The Right Door- a program model in place in
the Roaring Fork Valley
o A collaborative effort that focuses on
supervised detoxification, follow-up and getting
serous substance abusers into treatment. The
program also engages the recovering
community to provide ongoing support and
counseling to recovering persons.
''~I~~IIII) Four Components of New
I Program
o Professional residential detox and aftercare planning
Colorado West Recovery Center-Glenwood Springs
o Contact and transport from a a member of the Recovering
Community
o Case management & support through a new 501(c)3 modeled
on Pitkin County's Right Door Program
o Referral to treatment -Colorado West Mental Health or other
organization -
r ~,
._ 1
::r
... t
How the System Works...
:Initial Contact \s</m"s~s°e:~"~an~ emo«m°m
:Transport - \
:Follow-up
iCounseling
:Treatment "°"°"tl°"°r ~~°ed°"p°'"~~
Repeated lar+eirtorcemem
~,aae
~~.ao"eM opd°nE " /
om°. /V/
~a=, m~
sA°°mma~
e~a~,em
ll~~~llll) Implementation Timelines
^ Pilot Program: August-December 2007
^ Secure Local Funding Partners: August-Nov
2007
^ Apply for Foundation Grants: October 2007
rl,,,~~i~~l
Evaluation Component
^ Tracking of demographics (including
place of residence and point of law
enforcement contact.
^ Tracking of number of follow-up contacts
between CO West and individual
^ Tracking of type and duration of
intervention
'll~~(~II~I Initiating Partners
^ Eagle County Health & Human Services
^ Colorado West Regional Mental Health
^ Eagle County Sheriffs Office
^ District Attorney's Office
^ Municipal Police Chiefs Group
o Basalt Police Department -Consultant
^ Right Door -Roaring Fork -Consultant
2
I~~~I ~~1 Who Pays? (Proposed)
'i'
~/ a\ '
/ 8 ~° ®County
35% ^ Municipalities
^ WMC
^ EMS/FIRE/D.A.
^ CO West
~ll~lll 'I
II;'~~'Social Benefits
Treatment programs matched to the
individual; reduces "frequent fliers"
Reduces liability of protective custody
~~ Increases efficiency of existing police
resources
:, Reduces community costs of unpaid
health care bills
Reduces alcohol-related crimes
~li~~ ~~
Request to Town of Vail
$32,878 for 2008
'Annual Contribution based on evaluation
Buying-'Access to detox services
'Transport to detox services
'Access to long-term substance
abuse treatment for residents
3
Detox and Case Management Program
-
~
- -
Proaosed Fund
ing Formula 2008 ---
# of Liquor
Percent of
Liauor
Percent of Average LL +
Suggested Detox Suggested Last
Call Program
Contributions Per
Percent of
Comm
unity ,Licenses Licenses Population Population Pop Contributions Per Year Year Total Total
_
Eagle County 96 41% 2
4,
024 53% 47.00% $30,802 $42,771 $73,573 35.40%
Vail 74 31% _ _
_
_
4,806 11% _
21.00% $13,763 $19,111 _
$32,873 15.82%
_ _
_
Avon 23 10% 6755 15% 12.50% _ _ $8,192 _ $11,375 $19,567 9.41%
Eagle _ 23 10% 3816 8% 9.00% $5,898 $8,190 $14,089 6.78%
Gypsum _ 13 5% 4944 11% 8.00% $_5,243_ _ $7,280 $12,523 _ 6.03%
Minturn - - - - 8 ° - ° ~ 2.50%-- _ -- $1,638 $2,275',, $3,913', 1.88%
3/oi 1,1151 2/0~,
Total 237 100% 45,460 1.00 1.00 $65,536 $91,003 $50,092 24.10%
Other Contributions I
WMC ~ _
_
$9,500.00' $7,500_' $17,000 8%
WECAD $5,000.00 $0 $5,000 2%
ECAD $5,000.00 $0 $5,000 2%
District Attorney's Office $2,500.00 $2,500 $5,000 2%
Eagle River Fire $5,000.00 $0 $5,000 2%
Co West $0.00 $14,860' $14,860 7%
Basalt (ECOnIy) _ $1,952.00 $0 $1,952 1%
Grand Total $91,988.00 s',863 $207,851 100.0°'0
~°~ -
- ~ -
- ~-~o+~
7% 35.4% ~~
.
- -
CO- W
i I
'`Values rounded to the nea rest .01 4% ~ 5.8%
9
_
.
asa