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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. .~p~, i-l~niv i~~,y~~erl h~i fhe rleoinn r y. "".... y ' ~~'°Y ~~w ~~@S Ordinance No. 27, Series of 2007 ~~3~-rBWew ~Je ~perar~slepe 3aaT~ ~ta€f-review ~Je 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. Th.~ nnvir.~+n mi+nf~l > > a 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. ovi ofiniv fnnnir r.nnh~i fn rovinui Fhd evfnnf of nvi ofin`r vnnnf.+finn ra mn~iol onrl fn nrn onni TARI C ~• /'`~AI'1/Al(' CTAAII'lAO/l~' ~aeling ~tandaxd ~ C c~S r_'ror/c 7 faof ~uiw frnm 4he ~~rFin~+l -hon 'T 4 ~~ ~~a~~( ,~,, ~~F,,~// t~ Q~t~~~ ~~{~~ ttl'd ~tts TOT1TP°i"J "'eYe ~t ~i~~ i"i~ ~~~fe~ f ~t -/-Ca? *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: ~~#e~slmin+str-afar-r~a~requke~ .~/ imnonf afoln moot in onnnrr/onnn uiifh nhon{nr 4'~ nf~t+f~ fn nnfohlic+h fhof {hn uinrL mill nnf orlonrnnhi offnnf orlionnnf nrnnnrlino nr s s 4• nrrl 47/47521 JC Al • -~--vro-rz~~a v~-~ 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• . ~ r/~A/~P~~~- 7' 40527' orn l+n rnh~i rln oiivn ofnrl onid hn fnum o f /l n.nh 4 4 (l52l1 rra~vvr~rcr~-C~rv~6 crrnvG f-~ r~vo- 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 ~fi.rnn mi~c.f ~+/c.n n/n./,+fn fhn /n. .n of fl°nr ^1^ f" ~ .~ ...u..... uwv v.c, , r ' J " 7 F!7l11n2rn rl r/r~~~.in/vn .+nrl c~nnni .. ~ .y....,,..,,,. ,,.u....y,, ~.,,., .,1.,~,~. ba~eme~El{-tl~e-~tFtF6Y~aro °rc~bc`1-~I°:~.°,tv~. tv u'i Ivu°f nr.n fnnf /'/~) .-+hn./n fhn h,+ iiFY n~inno ill .ifilifi/ one/inn linen , ....... ..., ..... uunaj. vv. v.vv rrr/a~v nn h..ilf n-+.+.. m....4.. /nu.^of flnnr n s ~ s . , Section 7. Section 12-21-13 is hereby amended as follows: ~~~~ lo-*T*cc nc n nnn/nneTnn ~~ Thn rl..fino of fhv ua~ii iiii ii.°ifr"fn ra.rivr-viiaii ive~ inns}~ ~nn.mn fhof the ~n/r~uramnnfo nffhio nh~+n~ ...,.,......,.,.~ y... .. hog/n hnnn onficfinrl ., .,~...rr. fF,.,f fL... 1.........f A........1...,.,~:...., f....,. t......,. ..~....,a_.,r i_ _.~_ r _a /A I1 _V_... 1L. 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 n- T- InfF rr r r > > /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: A` 1• (lrrl 47/1O7i21 R Al ~_ 4T I AAO O PI/~ ITC (lAl AI(lA C A lr`/IAIC/ I~AA/A l/'` CT~I l/''TII~CC. ` ,~ , ~` T , r ~ nln~i~fin c-rcvarrv f s n rr. nrnfno~ inn~/ nnirinenr ~ . 1YtiCE~rtY C7'QttCH= r > > 13 n°niin° linen ~c~ h..ilf °~c~nm° . r . ~frs~° oh~ll h°or fh° of~mn of ~ r°iviof°r°rl ~+ / ~~.] ~ 't!f ~ts~""/ J ~~~3z 6~S~A6~M1^r;~~on-r~~ The rl..fi°n of fho ~rlminic~frofnr oF~; ilin~finnc~ fn °nc~.m° fh~f fhn r°rn.irom°nfo of fhio . n°rfifinnf°n fnr ~r.hofnnfiolly imnrna°rl ofr..^fim°~ fn . I ~ f°.J°rol °m°nv°nna mon~n°mnnf ~+`v°nnv nnn^nrninri 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 ~ ' 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