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Home My WebLink About1994-13 Repealing and Reenacting Section 18.69.050 of the Vail Municipal Code, Setting Forth New Procedures for Measuring Slope of a Proposed Development Site and Permitting Retaining Walls Six Feet in Height in the Setback.'` ~`r ORDINANGE NO. 13 SERIES OF 1994 AN ORDINANCE REPEALING AND REENACTING SECTION 18.69.050 OF THE MUNICIPAL CODE OF THE TOWN OF VAlL, 5,~ ~ ~ iNG FORTH NEW PROCEDURES FOR MEASURING SLOPE OF A PROPOSED DEVELOPMENT SITE AND PERMfTTING RETAINING WALLS SIX FEET IN HEIGHT IN THE SETBACK WHEN ASSOCIATED WITH A PERMITTED GARAGE STRUCTURE. WHEREAS, the Town Council believes that the following amendment will result in development that is more sensitive to the site with less site disturbance. WHEREAS the Planning and Environmental Commission voted 7-0 in favor of the amendment. WHEREAS, the Town Council believes that the fallowing amendment will streamline the development review process for proposed developments on sites where the average slope is greater than 30 percent. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado: Section 18.fi9.050 - Special restrictions for developments on lots where the average slope of the site beneath the existing or proposed structure and parking area is in excess of thirty percent in hillside residential, single-family residential, two-family residential, and two-family primarylsecondary residential zones - of the Municipal Code of the Tawn of Vail is hereby repealed and reenacted as follows: The following additional special restrictions or requirements shall apply to development on any lot in a hillside residential, single-family residential, two-family residential ortwo-family primarylsecondary residential zone district where the average slope of the site beneath the axis#Ing or proposed structure and parking area is in excess of thirty percent: A. A soil and foundation investigation, prepared by and bearing the seal of a registered professional engineer shall be required. B. Foundations must be designated and bear the seal of a registered, professional engineer. C. A topographic survey prepared by a rer~istered surveyor. with cnnt~i-r int~n-a~g of not more than two feet, shalt be required. D. Structures must be designed by a licensed architect. E. Site coverage as it pertains to this chapter, as permitted by Sections 18.09.090, 18.10.110, 18.12.110 and 18.13.090, is amended as follows: Not more than fifteen percent of the site area may be covered by buildings; and not more than 1 Ordinance No. 13, Series o1 1994 M r ~ ; ~~ ~~ ten percent of the total site area may be covered by driveways and surface parking. F. A site grading and drainage plan shall be required. G. A detailed plan of retaining walls ar cuts and fills in excess of five feet shall be required. H. A detailed revegetation plan must be submitted. The zoning administrator may require an environmental impact report as provided in Section 18.56.424. J. A minimum of one covered parking space shall be provided for each dwelling unit. K. Setbacks, as they apply to this chapter, as required by Sections 18.09.464 18.10.060, i 8.12.060, and i 8.13.064, are amended as follows: There shall be no required front setback for garages, except as may be required by the Design Review r3oard. L, Retaining walls up to six feet in height may be permitted in the setback by the Design Review Board when associated with a permitted garage as referenced in Section 18.69.050 (k}. 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect 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. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Tawn of Vail 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 proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 2 Ordinance No. 13, Sarios o1 1994 t.~ r >< 5. All bylaws, orders, resolutions, and ordinances, ar parts thereof, inconsistent herewith are repeated to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resalution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED,~AND ORDERED PUBLISHED ONCE IN FULL . ON FIRST READING this 7th day of June, 1994, and a public hearing shall be held an this Ordinance on the 21st day of June, 1994, at 7:34 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ~~~ ~ `~ Marga t A. Osterfoss, Mayor ATTEST: ~°7I'l~~i~f~hanx~ HoA L. McCutcheon, Town Clerk READ AND /~-PPROVED ON SECOND READING AND ORDERED PUBLISHED by title only this 21st day of June, 1994. Marga~t A. 4sterfoss, a o ATTEST: "7j7 ~ ~t~.~t~13„Q.[? ILA Holly L McCutcheon, Town Clerk C:IORD94.13 3 Ordinance No, i3, Sariea of 1994 ~c n O b~ ° ° X a T a n o a o ~ a~ a~ 3 a --~ ° ,o `~ ~i m ~ f D a °- a ° ca m n ~ o ~ ~ ~ a ~ m ~ ~ ~ ~ ~ ? 6 C1 C ~." 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Q `° ~ ~ a a ,~m ~ b N ~ 'vim ~ m'~m~ zm a_ ,~G)ij~s ~~~r$, roaz 4' z~Dy 3S A~~~~~ p :g2~~~ ~Sf+i~,~C7n~~ o ~CiT ti '~O~ mg AmS~~p~iz ryiy V ~ONY m _~ ~~~~~~ ~~~~r mmz ~°~ A ~ `c 3)p °~ y~3x~^m~Tpu O~i ~~~`~---~,.'' .Amy .~~, m a4~yyza rm Z ~ ~ m ;.,. .. ~~ ~ ~ mC1 n~ ~ G7~wYmimrp •M y ~ °o ~_~ ~~ooa~ :~~~ <a m is n~ arm employees who work in Eagle County. An EHU shall not be leased far a period less than thirty consecutive days. For the purposes of this section, afull-time employee is one who works an average of a minimum of thirty hours each week.