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Home My WebLink About2007-27 Amending Chapter 14.2, Definitions, of the Vail Municipal Code to Provide Definitions for Terms of Art and to Chapter 14.6. Grading Standards ORDINANCE N0.27 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 CHAT ~ cR 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 1 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#~islEe~?. 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 hereby amended to add the following: 14-2-1: Definitions of Words and Terms: OSHA: Occupational Safety and Health Administration. Aregulatory offfce of the US Department of Lahor. 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 fo 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 fo be stamped by a Colorado Professional Engineer (PE). All temporary grading shall be incompliance with cument/y adopted OSHA standards. All permanent finished grades shall be at a maximum 2:1 (Horizontal:VerticaD, unless otherwise approved by the Administrator and providing that no grading exceeds 1:1 and that any grading steeper Phan 2:1(H: V) is designed and stamped by a Colorado Professional Engineer. gas ~ Stated ~4aaFeval Staae?ara~s Staf#-~e~iew Ale daft Sta#f-~e~iew des ~Rer~aapei+ag Sta~elarels Ordinance No. 27, Series of 2007 2 _ ~ ~ka#>s ~s~iew Ale ~pexar~s/epe ~ ~ta#~evie~v ~A/e wept-slaps ; : ~ ayes e~etes~lea 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 to 1 foot for each inch of caliper measured 1 foot above the natural grade, or as defined by a qualified arborisf or landscape architect. A tree preservation plan developed by a qualified arborist may be required by the Administrator. TAQ/ C C• /~OITI/~A/ O/'1/'1T 7/1111C T~ -ITV V J Section 5. Section 14-6-6 is hereby amended as follows: 14-6-6: FLOODPLA/N STANDARDS: All modifications, grading or installation of proposed improvements within the 100-year f/oodp/ain shall be in accordance with Section i2 21-11 of this Code. ?^S, ~r9pfA~ia~B 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 3 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 extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 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. N oi= q ~Q•. dney Slifer, N(ayor ATTES~1 ~ • /f 1 Q . ~ ! ~1 .f .0 1 ~ t ~ele' Donald on, `Town Clerk CnLORp~ „ , INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 18th day of September, 2007. ,L odney E. Slifer, Iblayor ATTE T: • ~ t0 . ~ • • 'a 1~• ~~C Lore~i Donaldson, Town Clerk Ordinance No. 27, Series of 2007 4 N r" ~ ~ ~ ~ ~ ~ u~ ~ o ~ ran ~ . ~ a:% ~ c% .+y n -`nd ~c'v rJ~ ~ ~ ~ ~ ~ b ~ ~ ~ y ~ cy N d cn ~C ~ O `d ~ ~ ~ -d O ~ ~ ~ p ~ ~GO.V~~ (~v O ~ ~ P~ ~ ~ caac 6 r• O r+ t ~ ~ ~ O ~ ,.a m o ro co O ~ ~ ~ ~ ~ ~ fi O G G i ~ G C~ ~ ~ CD ~ ~ ~,a~a d ~ ~ o ~ ~ ~ ~ ~ ~ ~C9 d ~ ~ ~ ' ~ coo ~ ~ , ~ O :i ~ ~ ~ ~ ~ ~ ~ Js~ `e ~ vl " a °a ~ ~ ~ ~ ~ o N d r d n N -..1 'gage C38 --Saturday, September 22, 2007 THE VAIL DAILY 970.949.0555/vaildaily.com ORDINANCE N0.27 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. 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 strieken. 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 hereby 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. - ` ~ ~ ~ \ _ a'' - Section 3. Section 14~-1 is hereby amended as follows: - ~ r x"ti, ~ ¢ . 1ty , 14-6-1: General Standards: - - ~ e'• This section provides a summary of grading standards within the Town of Vail. All grading is subject to design review to determine compat- ibility with existing topography, to review the extent of existing vegetation removal and to preserve significant features on the site. The admin- ';w M - ~ ~ - - istratormay require grading plans to be stamped by a Colorado Professional Engineer (PE). All temporery grading shall tre in compliance with currently adopted OSHA standards. All permanent finished grades shall be at a maximum d - ~ w,.a..' 4a M^ t o 2:1 (H_~ 7.._..:al:Verticel), unless otherwise approved by the Administrator and providing that no grading exceeds 1:1 and that any grading tp~y~t stiort { a*~~ steeper than 2:1 (H:V) is designed and stamped by a Colorado Professional Engineer. TY.::. --~t:-- table-i) r -._:ese-`_..,...- - 9f~rz s-ef'1.-.c '~r k - 3~- .~.iew-beard-ta-de.,.,,,.,,,~ _ _.f.k.. - - - - - - ec...,.: evie~+ Y...: c:'_::f .,;y_:.~:.~..:~•:._...'. ~..d ~:,.,,,,~,~etar~=. ~:E_. ~IArlr1Y A~IIMlM6('n ~ ~ ~ ~ WPe-StreelB~ A $ i 4i>i~A!!t~ ~ ills ~ ~I ~ ll~ } i is ~ i ~ ~IrrNiArt ~ aaill", ~ .f Nrw~t+ Imo, ~ i II ~ ~ ~ i N ~ ~ , ~ oBeaa ~ h it ~ , ~ ~ ~ I Section 4. Section 14-6-2 is hereby amended as follows: 14-b-L: CAIJIIIVU VCUCIHIIVIV: Grading around existing vegetation to be preserved on site shall be outside the critibal root zone, unless otherwise approved by the design review board. The critical root zone may be defined as a radius equal to 1 toot for each inch of caliper measured 1 toot 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. 3Aii~-~sww++.d~.i~ ie . r .11O11fir ~ . V e ,f , 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 12-21-1 t of this Code. N.: y..:~S.-,g~is-pi ............:.~-t;,~ -:oG ,2ar-Head ~::hent~len,d„y o,,.:.,,,.:. _.....:.~:.:I _ , -S. :f o„~;;~a,,...,3„~ y,o..~ ,,sthe-990- geeriieed;.l,: , ~......,..,..~.,tel-impae: -.-.:.i-tegrined. TF.~ ~:~+trc.....;,.-:::.::.-., tee. ter., , . ,..s-te-veQetetier.. r ,:e.. . ~pprepn- a1e-hydraulieena;, ...~-ealeulatiensta:...:. , iaerease in-woro, ,;'seeprefiteran~velaeitq ..<auy otir+ga.;.: tl.:..., ..7f t„ LJ......... r ~tJ t_ , - ~ ~ s o adlaeen, p,~,..,rt+e~. No,,,,o,.o.,t-tmprev,:,,,o...o sha.l ,,,,...,.._~::.3 ..nhln .__1 ~-j-of-t~'- "---pt-'.:.. 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 Bach 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 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 extent only of such inconsistency. T~ r1~wa This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. i1L"'1 f~i p ~ ~ . INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of Septem- ? ~ J~/ ber, 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 Muhicipal Building, Vail, Colorado. Rodney E. SI'rfer, Mayor Mrn1da ATTEST: Lorelei Donaldson, Town Clerk Published in the Vail Daily September 8, 2007 ~ In