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HomeMy WebLinkAbout2007-28 Amending Chapter 12.21, Hazard Regulations, in Order to Comply with FEMA Floodplain Regulations and Title 14, Development Standards Handbook for Clarifications to Driveway and Parking Standards ORDINANCE N0.28 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 1 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 s#iskea. 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 hereby amended as follows: 12-2-2: DEFINITIONS OF WORDS AND TERMS: FLOOD HAZARD ZONE: -~a#-,a~~a s e41, ,19~A~1-~e~~~a e. „ .1 A " ^~-1 ~ of t~l~is-tit:~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 official 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-F/oodway Map. Section 3. Section 12-21-2 is hereby amended as follows: 12-21-2: 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- ve/ocity 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 - A designated AO, AH, or VO zone on a community's Flood Insurance Rafe 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 2 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 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 - 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 top 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 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 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." FLODD HAZARD ZONE: , n The land f , G - in the f/oodp/ain 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 3 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 the community. FLOOD INSURANCE STUDY: The official 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 deffnition of flooding). FLOODPLA/N 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 f/oodp/ain 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 fo 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 to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and (heir contents. FLOODWAY (REGULATORY FLOODWAY) -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 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, port 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 to construction next 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 lisfing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual lisfing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing fo the historical significance of a registered historic district or a district preliminarily determined by the Secretary fo 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 Architecture/ 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 Rafe 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 f/oodp/ain 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 FLOODPLA/N -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 of 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 5 4, designed primarily not for use as 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 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. SUBSTANTIAL DAMAGE -Damage of any origin sustained by a structure whereby the cost of restoring the structure fo 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 f/oodp/ains of coastal or riverine areas. Section 4. Section 12-21-10 is hereby amended as follows: 12-21-10: DEVELOPMENT RESTRICTED: ~ sf~~}-~ 1 , /lril 1 /J/1 ~7Q1 R dl Section 5. Section 12-21-11 is hereby amended as follows: 12-21-11: FLOOD HAZARD ZONES Thnrn .+rn Lun /01 e.n~e. of flsnl~n, Arhh{a,.z.+rrl r»n~p a. • QS ~~tl'1 f~LAn'~ G J~ GB .1'C1f ~ i ~ Ordinance No. 28, Series of 2007 6 f 1 f f G) A. PURPOSE: To promote public hes/fh, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed fo: 1. Profect 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 to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in f/oodp/ains; 6. Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as fo 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 floodp/ain assume the responsibility for their actions; 9. Profect the natural areas required to convey flood flows and retain flow characteristics; and 10. 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 4th, 2007, with accompanying Flood Insurance Rate Maps and Flood Boundary-F/oodway 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 FLOODPLAIN ADMINISTRATOR: The Town Engineer or designee is hereby appointed the F/oodp/ain Administrator to administer and implement the provisions of this chapter and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodp/ain management. D. DUTIES & RESPONSIBILITIES OF THE FLOODPLA/N ADMINISTRATOR: Duties and responsibilities of the Floodp/ain 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 fo 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 Phis chapter. Ordinance No. 28, Series of 2007 7 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 fhe 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 fhe areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the F/oodp/ain 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 i2 21-11 B, the F/oodp/ain Administrator shall obtain, revfew and reasonably utilize any base flood elevation data and f/oodway data available from Federal, State or other source, in order fo administer the provisions of Subsection 12 21-11F. 11. When a regulatory floodway has not been designated, the F/oodp/ain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 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. i2. 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 first applies for a conditional FIRM revision Through FEMA (Conditional Letter of Map Revision). E. FLOODPLA/N PERMITS 1. F/oodp/ain Use Permit a. Purpose: The F/oodp/ain Use Permit is a permit to allow temporary grading within the floodplain and allow for necessary public infrastructure improvements within the floodplain. A F/oodp/ain Use Permit maybe issued under of /east one of the following conditions: Ordinance No. 28, Series of 2007 8 (1) Temporary grading in fhe Floodplain approved by the Floodplain Administrator, in which the site is returned to its existing grade and conditions; (2) Utility construction/maintenance wifhin the Floodplain approved by the Floodplain Administrator which is deemed to have an insignificant impact fo the 100 Year Floodplain; (3) Streambank stabilization within the foodp/ain approved by the Floodplain Administrator and is deemed to have an insignificant impact to the Floodplain; (4) Public Infrastructure construction/mainfenance approved by the Floodplain Administrator including but not limited fo roads, bridges, recreation paths, walks, stream drop structures, and stream erosion control measures which are deemed fo 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 f/oodp/ain. The f/oodp/ain 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)Descripfion of fhe extent fo which any foodp/ain will be altered including; why, when, how, and when if will be replaced back fo its original configuration, and addressing each relevant criteria 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 f/oodp/ain analysis of the impacts to the f/oodp/ain prepared by a qualified licensed professional engineer. (6)Submitted application for a conditions/ 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 fo the adopted f/oodp/ain for all other uses, improvements, or modifications to or within the f/oodp/ain that do not fall within the guidelines of fhe 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 9 Applicants shall provide the following information prior to design review or any review by the Planning and Environmental Commission: (1)E/evafion of the lowest floor (including basement and crawl space) of all new and substantially improved structures within or adjacent to the f/oodp/ain. (2)Description of the extent fo which any f/oodp/ain will be altered including; why, when, how, and when it will be replaced back to ifs original configuration, and addressing each relevant factor in Subsection 12 21-11 E- 3. (3)Signature of the owners of all property subject fo an impact by the proposed improvement (4)A site plan drawn to an engineering scale showing the location, dimensions, and elevations of the proposed /andscape/grade alterations, existing and proposed structures, relevant /andscape/topographic features, and the location of the foregoing in relation to the one hundred year Floodplain. The foodplain 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 foodp/ain analysis of the impacts to the foodp/ain 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: At 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 fo make a determination in issuance of Floodplain Permits: (1) The effects upon the efficiency or capacity of the F/oodway; (2)The effects upon persons and personal property upstream, downstream and in the immediate vicinity; (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 fo life and property due to flooding or erosion damage; (6)The susceptibility of the proposed 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 to 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 fo 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 F/oodp/ain 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. (2j 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 its 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: Floodp/ain 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 F/oodp/ain approved by the F/oodp/ain Administrator, in which the site is returned to ifs existing grade and conditions; Ordinance No. 28, Series of 2007 11 (2)Utility construction/maintenance within the Floodp/ain approved by the F/oodplain Administrator which is deemed fo have an insignificant impact fo the F/oodp/ain; (3)Streambank stabilization within the f/oodp/ain approved by the F/oodplain Administrator and is deemed to have an insignificant impact to the F/oodp/ain; (4)Public Infrastructure construction/maintenance approved by the F/oodp/ain 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 fo the Floodp/ain. b. An insignificant impact to the Floodp/ain shall be defined as: An improvement in the f/oodp/ain that is a public benefit that meets the criteria set out in Subsection 12 21-11F-1A and causes no negative impacts fo 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 f/oodway revision through FEMA, if applicable. c. All new structures or improvements, unless otherwise specifically provided for within Phis Chapter, shall not influence the 100-year f/oodp/ain and shall maintain a minimum clear distance from the 100-year f/oodp/ain 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 of 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 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 floodp/ain That may require maintenance shall not negatively impact the adopted BFE's or adjacent properties in anyway, unless as provided by Subsection 12:21-11 F- 1A.; and shall increase conformity and flood protection as required by the F/oodp/ain Administrator (i.e. f/oodproofing, flotation prevention, flood resistant materials, etc...). i. All existing non-conforming structures that may require maintenance to operational systems that are within the floodp/ain 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 replacement water 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- 118, 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 F1RM (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 adjacent grade at least as high as the depth number specified in feet on the community's FIRM (af /east two feet if no depth number is specified), or; together with attendant utility and sanitary facilities be designed so fhaf 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 fo the Floodp/ain Administrator that the standards of this Chapter are satisfied. 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: F/oodways -located within areas of special flood hazard established in Subsection 12 21-118, are areas designated as f/oodways. 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 21-11 F above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Subsection 12 21-11F. 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 adopted regulatory floodway that would result in an increase in base flood elevations, provided fhaf the community first applies for a conditional FIRM and floodway revision through FEMA. Section 6. Section 12-21-12 is hereby amended as follows: 1^_^. Ordinance No. 28, Series of 2007 13 ~f~1966~e1evalieA: I ~fFH6>tlifE, a. > > f f ~ f Section 7. Section 12-21-13 is hereby amended as follows: ~n n Th-rrr~- viii $ ~ . . / Section 8. Section 12-21-14 is hereby amended as follows: 12-21-412: RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES: Section 9. Section 12-2-15 is hereby amended as follows: i2-21-153: RESTRICTIONS IN GEOLOGICALLY SENSITIVE AREAS: Section 10. Section 12-21-16 is hereby amended as follows: 12-21-154: 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 rights to seek a variance from the requirements of this chapter, . Variances shall be governed by the provisions of chanter 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 Sfate Highway and Transportation Officials Section 12. Chapter 14-3 is hereby amended as follows: Table 1: Drivewav/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 street pavement Driveway/Feeder Road Min. Width 12' 20' 22' Normal -Access from feeder road Access from feeder to units (Detail 1) to units shall comply with 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 (Detail 4) . Max. Grade 8% unheated 8% unheated 8% unheated Centerline 12% heated i2% heated 10% heated Corner/Cross-over (Detail 2) Max. cross-slope grade 8 % 8 % 8 (Detail 1) 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 Parking Standards Single-family, Multiple Family Two-family, Primary/Secondary Multiple Family -access to more than 11 Standard -access to not more than 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 pavement Curb Cuts Curb cuts permitted (number) I 1 per street per unit 12 per parcel I Minimum necessary for Maximum of 2 curb cuts per lot adequate access Parking Requirements Min. horizontal clearance 24' N/A N/A between garage doors (parallel to road) to edge of public street pavement (Detail 3) Min. horizontal clearance 5' 5' 5' between required parking space and edge of public street or feeder road pavement 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.) (Detail 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 Forward Movement: 10' 10' perpendicular x 250' 10' perpendicular x 250' (Detail 3) perpendicular x 250' lateral lateral or per AASHTO lateral {s#is~~se Backward Movement: 15' x 250' intersection sighf lateral or per AASHTO distance standards if intersection sight distance required by the ~ysis~~ly~sem~y~lor per standards if required by the Administrator. {s#~is# AASHTO intersection Administrator. sighf distance standards, if required by the Administrator, srs~plyl or by an approved mitigation device. Back-out!>•urn-around area 12' wide Back-out into right-of- Back-out into right-of- (Detail 7) 20' centerline radius way prohibited way prohibited Designed for 3 point turn or less Turn-around area: Car turn-around area: Required when: 12' wide 12' wide - cross-over angle is greater 20' centerline radius 20' centerline radius than 120°; Designed for 3 point turn Designed for 3 point turn - entry angle is less than 70°; or less or less - accessing a collector, arterial, Truck turn-around area: or commercial street; or Shall be designed so - backout sight triangle trucks exit site forward requirement is not met. as determined by traffic engineer based on uses proposed. 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: H. Landscape and Other Improvements within or adjacent fo 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 (Table 3) unless otherwise approved by the Administrator: Ordinance No. 28, Series of 2007 17 Table 3: Improvements And The Right Of Wav Improvement Min. Offsef from Min. Offset from Edge of Public Edge of Public road wa/k/path Trees 10' 5' Shrubs/perennia/s/annuals/etc... 5' 2' Retaining walls & ofher 10' 5' 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 li hts, cobble lined difches Irrigation & Grass 2' 0' Section 14. Section 14-4-1 is hereby amended as follows: 14-4-1: MINIMUM STANDARDS: This section (table ~34) 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 ACCESS STANDARDS Section 15. Section 14-5-1 is hereby amended as follows: 14-5-1: MINIMUM STANDARDS: This section (table 5 specifies the parking lot standards for all uses excluding residential 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 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 5 ~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' height clearance for enclosed parking Ordinance No. 28, Series of 2007 18 60° 16' 24' 9' x 19' surface 9'x i8' enclosed 8' x 16' compact (up to 25 % of required parking in lots with more than i5 parking spaces and clearly marked as such) 7' height clearance for enclosed parking 75° 19' 24' 9'x 19'surtace 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 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 than 15 parking spaces and clearly marked as such) 7' height clearance for enclosed parking Cross-over 4$' 17' ~4' 30' n/a drive aisle Drive aisle with 12' 22' n/a no parking 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 54). 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 #aaele~ 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/oae Grade Break Passenger Vehicle Only 6% 74% 8% and Infernal fo Structure Ordinance No. 28, Series of 2007 19 Passenger Vehicle Only 6% Unheated 9% 8% and External (Exposed to Heated 12 weather) CommerciaULoading & 6 % Unheated 9 % 6 Delivery 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 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 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 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 18'h day of September, 2007, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordinance No. 28, Series of 2007 20 Rodney Slifer; Mayor ATTEST: ~ ~1~1N.~F.V,q ,r p.. i • Lorels¢i.,0rona~efson, Town Clerk AL O~ORP INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 18`h day of September, 2007. ney E. Slifer, p~layor ATTESTr C1 OF ~~.p1..,....,, Lq~` ~ ~ -SEAL elei onaldson, Town Clerk ~o LORD Ordinance No. 28, Series of 2007 21 2123 PROOF OF PUBLICATION STATE OF COLORADO } SS. COUNTY OF EAGLE } I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 9/22/2007 and that the last publication of said notice was in the issue of said newspaper dated 9/22/2007. In witness whereof has here unto set my hand thi 5th day of September, 2007 lam-,. lisher/General Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 25"'day of September, 2007. p(,j~ / Pamela Joan Schult Q'`Y;.••""•i.~/~ Notary Public ; y~ n ~CH~~~ ~ My Commission expires: November 1, 2007 Y W ~ • ~y. Page C40 -Saturday, September 22, 2007 THE VAIL DAILY 970.949.0555/vaildaily.com ORDINANCE N0.28 ship repair facilities, but does not include long-term storage or related manufacturing facilities. SERIES OF 2007 (FLOODPLAIN HOUSEKEEPING ORDINANCE) HIGHEST ADJACENT GRADE -The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. ORDINANCE N0.28, SERIES OF 2007, AN ORDINANCE TO AMEND CHAPTER 12-21, HAZARD REGULATIONS, VAIL TOWM CODE, IN ORDER TO COMPLY WITH FEMA FLOODPLAtN REGULATIONS, AND TITLE 14, DEVEL- HISTORIC STRUCTURE -Any structure that is: OPMENT STANDARDS HANDBOOK, VAIL TOWN CODE, FOR CLARIFICATIONS TO DRIVEWAY AND PARKING 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department STANDARDS, AND SETTING FORTH DETAILS IN REGARD THERETO. of Interior) or preliminarily determined by the 5~... gory of the Interior as meeting the requirements for individual listing on the National Register; WHEREAS, the Planning and Environmental Commission of the Town of Vail has held a public hearing on the proposed 2. Cert'rfied or preliminarily determined by the Secretary of the Interior as contributing to the historical amendments in accortlance with the provisions of the Vail Town Code of the Town of Vail; and significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval with modifica- registered historic district; tions of these amendments at its August 27, 2007 meeting, and has submitted its recommendation to the Vail Town 3. Individually listed on a state inventory of historic places in states with historic preservation programs Council; and which have been approved by the Secretary of Interior; or WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with q, classified as historically significant per Chapter 10-2, Special Historic and Architectural Structures, the applicable elements of the adopted goals, objectives and policies outlined in the Vaii Comprehensive Plan and are Vail Town Code. compatible with the development objectives of the Town; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the general LEVEE - A man-made structure, usually an earthen embankment, designed and constructed in accordance with purpose of Title 14, the Development Standards Handbook; and sound engineering practices to contain, control, or diver[ the flow of water so as to provide protection from tem- WHEREAS, the Planning and Environmental Commission finds that the proposed amendments promote the health, porery flooding. 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 residen- LEVEE SYSTEM - A flood protection system which consists of a levee, or levees, and associated structures, such tial community of the highest quality; and as closure and drainage devices, which are constructed and operated in accordance with sound engineering WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these practices. amendments to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 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 abase- Section 1. The purpose of this flootlplain housekeeping ordinance is to come into compliance with Federal Emergency ment area is not considered a building's lowest floor; provided that such enclosure is not built so as to render Management Agency regulations, and to clarify parking and driveway standards in order to meet generally accepted the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood engineering standards. (TOxt that is to be deleted is stricken. Text that is to be added is bold. Sections of text that are insurance Program regulations. - not amended may be omitted.) MEAN SEA LEVEL -For purposes of the National Flood Insurance Program, the Section 2. Section 12-2-2 is hereby amended as follows: 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. 72-2-2: DEFINITIONS OF WORDS AND TERMS: FLOOD HAZARD ZONE: i'haf-era „~„~,~.::,y :.a~~ dead ~a3~ a,za„a NEW CONSTRUCTION -For the purpose of determining insurance rates, structures for which the "start of con- :.:~v #69 sf.,.ll:.mf4,..,,::r,y ;r,diea:.:J f,~.,c: ;,,~,.,aneetatefir+ar, <:,.;..~;a::,.i-warlF rnu,;~, ;.:.~-Reed-incur struction" commenced on or after the effective date of an initial FIRM, and includes any subsequent improve- aneesWdy.-Fl.;; .;~:,;;~:azarv-z= ~I~_ ~::7-areaynd:;.,=t,:d ~:.'°I~;,~ph:.-. ~~fi..~.: L f th~Gere-~,~~I: ~1~~,1,:Iv:. r ments to such structures. For ffoodplain management purposes, "new construction" means structures for which Infer, r~auvr, ncport, , ~ : ~fthis title- The land in the floodplain subject to a one the "start of construction" commenced on or after December 4, 2007, and includes any subsequent improvements percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood to such structures. 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, Ai-99, VO, V1-30, VE or V. ONE HUNDRED (100) YEAR FLOODPLAIN -See "Flood Hazard Zone" above. FLOOD INSURANCE STUDY:-The official report provided by the federal emergency management agency that includes RECREATIONAL VEHICLE - A vehicle which is: flood profiles and water surface elevation of the base flood as well as the Flood Bountlary-Flbodway Map. 1. built on a single chassis; 2, 400 square feet or less when measured at the largest horizontal projections; Section 3. Section 12-21-2 is hereby amended as follows: 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 recre- 12-21-2: DEFINITIONS: ational, camping, travel, or seasonal use For the purposes of this chapter, the words contained in this section are defined as follows: START OFCONSTRUCTION - (for other than new construction or substantial improvements under the Coastal ALLUVIAL FAN FLOODING -Flooding occurring on the surface of an alluvial fan or similar landform, which Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means the date the building permit originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment trans- was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, port, and deposition;.and unpredictable flow paths. or other improvement was within 180 days of the permit date. The actual star[ means either the first placement of APEX - A oint on an alluvial fan or similar landform below which the flow ath of the ma'or Stream that formed Permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, P P 1 the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured the fan becomes unpredictable and alluvial fan flooding can occur. 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 base- AREA OF SHALLOW FLOODING - A designated AO, AH, or VO zone on a ment, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the community's Flood Insurance Rate Map (FIRM} with a one percent chance or greater annual chance of flood- property of accessory buildings, such as garages or sheds not occupied as dwetlfng units or not part of the main ing to an average depth of one to three feet where a clearly defined channel does not exist, where the path of structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, flooding is unpredictable and where velocity flow may be evident, Such flooding is characterized by ponding or ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of sheet flow. the building. . BASE FLOOD -The flood having a one percent chance of being equaled or ex..:.:~:..: in any given year. SUBSTANTIAL DAMAGE -Damage of any origin sustained by a structure whereby the cost of restoring the struc- - A lure fo its before damaged condition would equal or exceed 50 percent of the market value of the structure before BASEMENT -Any area of the bwltlmg navmg ns noon suo-g~aoo ~oo.o.,, y,o..,....e,.e., e.. a...ee- _a_ _ _ - CRITICAL FEATURE - An integral and readily identifiable part of a flood protection system, without which the WATER SURFACE ELEVATION -The height, in relation to the National Geodetic flood protection provided by the entire system would be compromised. 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. 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 stor- Section 4. Section 12-21-10 is hereby amended as follows: age of equipment or materials. 12-21-10: DEVELOPMENT RESTRICTED: 9 9 ~ t., :::::isfrl f.-.,. 5 k_ .::;.::i` Y.:_ .,,~'1, L, f~Y .....:.........a„.,o.~~a- ,L ' ~ ~ ' ELEVATED BUILDING - Anon-basement buildin i built, in the case of a buildin in Zones Al-3Q, AE, A, A99, r w ~ y-re:,..:... :.,:r , , Ter-rev:,..:...:.rtwro.:...:...iaH,,,~o.,:.,:afernc:f:.-.~~~~:~enee-withehapter- AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, t~~-Qra,,,,,y, ,;,fliler e;,a„yam,, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the - - - - ~~_1 Y _ .r°:: :3' f r =r ° • 8I-~~-~~ ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water and 'a; § ' (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 At-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" Section 5. Section 12-21-11 is hereby amended as follows: 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" 12-21-11: FLOOD HAZARD ZONES AND FLOOD HAZARD STUDIES: r, - - - r, e„v stadie-s::c,y„L:~.: o„~ oJ,p'<.:d ferthe t;,..,;. also includes a building otherwise meeting the definttion of "elevated building," even though the lower area , _ Y.ue-(2) 3: x, ..a~a,.. n,a is enclosed by means of breakaway walls if the breakaway walls met the standards of Section 60.3(e)(5) of the „ :a, d-ien~, f ; V deed-+nswa,,..~ .alt; ~aN,, a, o~ National Flood Insurance Program regulations. O°~ t,, t""" y'v°"""' 8~ D',:.. "c.er, -,..o;a .-i.,,ti,,:- - ~t_d;, „pa,,,ing-map, a,o I,o,V L,-adopted-and <7:. y--._d far EXISTING CONSTRUCTION -For the purposes of determining rates, structures for which the "start of construe- an-sr,4 • ~ ,~:=t, ~ated ~,a;..•~~,r 1 ~8&{8r~1fifT'3fi3) 3 y u lion" commenced before the effective date of the FIRM. "Existing construction" may also be referred to as A. PURPOSE: Ta promote public health, safety and general welfare and to minimize public and private losses due "existing structures." to flood conditions in specific areas by provisions designed to: 1. Protect human life and health; FLOOD HAZARD ZONE: ?t.~*. ~:,.,:;,:~yFhe-basefleed. TY~ t~~-Heed srea+ss::; •-•~:aL~red-A;-A9-AH-eF 2. Minimize expenditure of public money for costly flood control projects; - - „aM, ~„,,;;;,;,d ••~:I:.:::.r,, and-fleed-+nsuF 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at area-eH 00-yoa, ,:,.1.:.,.. fl:,.,~ing ,..,,,o,~,...,, ,,,,..,a, ,a.o , ~See,d L,._a: ~ _c:,i isel;,~ 4r:, ~.•ee-ir,El::,.::cd the expense of the general public; fn#ermat'_:: ^_r=:-;~;'~as~;~,;y„o;ed ;r, 12 P : tk:.; =`~~t=:. The land in the floodplain subject to a q, Minimize prolonged business interruptions; one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood 5- Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and Hazard Boundary Map (FHBM). After detailed ratemaking has been completed in preparation for publication of sewer lines, streets and bridges located in floodplains; the FIRM, Zone A usually is refined into Zones A, AE, AH, AO, Al-99, VO, V1-30, VE or V. 6. Help maintain a stable tax base by providing for the sound use and development of flood prone areas FLOOD OR FLOODING - A general and temporary condition of partial or complete inundation of normally dry land areas in such a manner as to minimize future flood blight areas; - from: 7. Insure that potential buyers are notified that property is in a flood area. 1. the overflow of inland or tidal waters. 8. Insure that those who occupy the floodplain assume the responsibility for their actions; 2. the unusual and rapid accumulation or runoff of surface waters from any source. 9. Protect the natural areas required to convey flood flows and retain flow characteristics; and 10. Obtain and maintain the benefits to the community of participating in the National Flood Insurance FLOOD INSURANCE RATE MAP (FIRM) - An official map on Program. which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD: The areas of special flood hazard ident'died by the Federal Emergency Management Agency in a scienYdic and .FLOOD INSURANCE STUDY: The official report provided by the federal emergency management agency that includes engineering report entitled, "The Flood Insurance Study for Eagle County, Colorado and Incorporated Areas dated flood profiles and water surface elevation of the base flood as well as the Flood Boundary-Floodway Map. December 4th, 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. FLOODPLAIN OR FLOOD-PRONE AREA -Any land area susceptible to being inundated by water from any source (see definttion of flooding). C. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR: The Town Engineer or designee is hereby appointed the Floodplain Administrator to administer and implement the FLOODPLAIN MANAGEMENT -The operation of an overall program of corrective and preventive measures for provisions of this chapter and other appropriate sections of 44 CFR (National Flood Insurance Program Regula- reducing flood damage, including but not limited to emergency preparedness plans, flood control works and lions) pertaining to floodplain management. floodplain management regulations. D. DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR: FLOOD PROTECTION SYSTEM -Those physical structural works for which funds have been authorized, ap- Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following: propriated, and expended and which have been constructed specifically to modify flooding in order to reduce 1, Maintain and hold open for public inspection all records pertaining to the provisions of this chapter. the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths 2. Review all permit applications to ensure that the requirements of this chapter have been satisfied and of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or that the proposed improvement will lte reasonably safe from flooding. dikes. These specialized flood modifying works are those constructed in conformance with sound engineering 3. Review, approve or deny floodplain use and modification permits to J ine whether proposed standards. improvements meet the provisions of this chapter. 4. Review evidence prior to the issuance of a floodplain use permit that all necessary permits have beep ~ FLOOD PROOFlNG -Any combination of structural and non-structural additions, obtained from those federal, state, or local government agencies from which prior approval is required. Condi- changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real tionaf floodplain use permits may be issued contingent upon receipt of the above-mentioned agency permits. properly, water and sanitary facilities, structures and their contents. 5. Review and verify that no new habitable structure is constructed within the flood hazard zone. 6. Review and verify that's licensed professional engineer or professional land surveyor certify the loc. FLOODWAY (REGULATORY FLOODWAY) -The channel of a river or other lion of the 100 year floodplain on all development applications that are adjacent to, or partially located within th watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without 100 year floodplain, that are proposing improvements that may effect the floodplain. cumulatively increasing the water surface elevation more than a designated height. 7. Where interpretation is needed as to the exact location of the boundaries of the areas of special floc hazards (for example, where there appears to be a conflict L ..n a mapped boundary and actual field condi- FUNCTIONALLY DEPENDENT USE - A use which cannot perform its intended lions) the Floodplain Administrator shall make the necessary int_.~.:<::on. purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, 8. Notify, in riverine situations, adjacent communities and the Colorado Division of E...=.3=.-.; Man- portfacilities that are necessary for the loading and unloading of cargo or passengers, and ship building and agement, prior to any alteration or relocation of a watercourse, and submit evidence,of such notification to the THE VAIL DAILY 970.949.0555/vaildaily.com Saturday, September 22, 2007 -Page C4Y Federal Emergency Management Agency. plain of one (t) foot in both the horizontal and vertical directions. 9. Assure that the flood carrying capacity within any altered or relocated portion of any watercourse is d. Floor plans and elevations illustrating that the lowest floor elevations including basement, maintained. of the new or substantially improved structure, shall be elevated to at least one foot (1') above the base 10. When base flood elevation data has not been provided in accordance with Subsection 12-21-11 B, the flood elevation. Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway e. All approved new or modified improvements shall be designed (or modified) and adequately data available from Federal, State or other source, in order to administer the provisions of Subsection 12-21-1f F. anchored to prevent flotation, collapse or lateral movement of the improvement resulting from hydrody- 11. When a regulatory floodway has not been designated, the Floodplain Administrator must require namic and hydrostatic loads, including the effects of buoyancy; that no new construction, substantial improvements, or other development (including fill) shall be permitted f. All new.approved construction or modified improvements shall be constructed by methods within Zones Al-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the and practices that minimize flood damage; proposed development, when combined with all other existing and anticipated development, will not increase the g. All new approved construction or modified improvements shall be constructed with materi- water surface elevation of the base flood more than one foot at any point within the community. als resistant to flood damage; 12. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Fbod Insurance Program h. All existing non-conforming structures located within the 100 year floodplain that may regulations, a community may approve certain development in Zones A130, AE, AH, on the community's FIRM require maintenance shall not negatively impact the adopted BFE's or adjacent properties in anyway, which increases the water surface elevation of the base flood by more than one foot, provided that the community unless as provided by Subsection 12-21-11 F-1 A.; and shall increase conformity and flood protection as first applies for a conditional FIRM revision through FEMA (Conditional Letter of Map Revision). required by the Floodplain Administrator (i.e. floodproofing, flotation prevention, flood resistant materi- als, etc...). E. FLOODPLAIN PERMITS i. All existing non-conforming structures that may require maintenance to operational sys- 1. Floodplain Use Permit terns that are within the floodplain shall be constructed with electrical, heating, ventilation, plumbing, a. Purpose: The Floodplain Use Permit is a permit to allow temporary grading within the floodplain and and air conditioning equipment and other service facilities that are designed and/or located so as to allow for necessary public infrastructure improvements within the floodplain. A Floodplain Use Permi4 may be prevent water from entering or accumulating within the components during conditions of flooding. issued under at least one of the following conditions: j. All new and replacement water supply systems shall be designed to minimize or eliminate (1) Temporary grading in the Floodplain approved by the Floodplain Administrator, in which the site is returned to infiltration of flood waters into the system; its existing grade and conditions; k. New and replacement sanitary sewage systems shall be designed to minimize or eliminate (2) Utility constructioNmaintenance within the Floodplain approved by the Floodplain Administrator which is infiltration of flood waters into the system and discharge from the systems into flood waters; and, deemed to have an insignificant impact to the 100 Year Floodplain; I. On-site waste disposal systems shall be located to avoid impairment to them or contamina- (3) Streambank stabilization within the floodplain approved by the Floodplain Administrator and is deemed to have lion from them during flooding. an insignificant impact to the Floodplain; 2. Standards For Areas Of Shallow Flooding (AOIAH Zones) (4) Public Infrastructure construction/maintenance approved by the Floodplain Administrator including but not Located within the areas of special flood hazard established in Subsection 12-21-11 B, are areas desig- limited to roads, bridges, recreation paths, walks, stream drop structures, and stream erosion control measures Hated as shallow flooding. These areas have special flood ha;ards associated with base flood depths which are deemed to have an insignificant impact to the Floodplain; of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredict- b. Floodplain Use Permit Application Submittal Requirements: Applicants shall provide the following information- able and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; prior to design review or any review by the Planning and Environmental Commission: therefore, the following provisions apply: (1) Site plan at an engineering scale showing the location, dimensions, and elevations of the proposed landscape! a. All new construction and substantial improvements of residentia! structures have the low- grade alterations, existing and proposed structures, relevant landscapeftopographic features, and the location of est floor (including basement) elevated above the highest adjacent grade at least as high as the depth the foregoing in relation to the one hundred year floodplain. The floodplain line shall be provided on a plan certi- number specified in feet on the community's FIRM (at least two feet if no depth number is specified). fled by a licensed professional engineer or land surveyor. b. All new construction and substantial improvements of non-residential structures; have the (2) Detailed topographic cross-sections provided by a licensed professional surveyor of the area proposed to be lowest floor (including basement) elevated above the highest adjacent grade at least as high as the altered, showing existing and proposed conditions. depth number specified in feet on the community's FIRM (at least two feet if no depth number is speci- (3)Description of the extent to which any floodplain will be altered including; why, when, how, and when it will be fied), or; together with attendant utility and sanitary facilities be designed so that below the base flood replaced back to its original configuration, and addressing each relevant criteria in Subsection 12-21-11 E-3. level the structure is watertight with walls substantially impermeable to the passage of water and with (4)Copy of all other necessary approved permits (i.e. Building permit, Public Way permit, ACOE permit, Dewater- structural,components having the capability of resisting hydrostatic and hydrodynamic loads of effects ing permit, DOW permit, CDHPE permit, etc...) of buoyancy. (5) If required by the Floodplain Administrator, an engineered floodplain analysis of the impacts to the floodplain c. A registered professional engineer or architect shall submit a certification to the Floodplain prepared by a qualified licensed professional engineer. Administrator that the standards of this Chapter are satisfied. (6)Submitted application for a conditional FIRM and floodway revision through FEMA, if applicable. d. Require within Zones AH ar AO adequate drainage paths around structures on slopes, to (7)Any additional information deemed necessary by the Floodplain Administrator. guide floodwaters around and away from proposed structures. 2. Floodplain Modification Permit 3. Floodways: Floodways -located within areas of special flood hazard established in Subsection 12- a. Purpose: A Floodplain Modffication Permit is a permit to allow construction of improvements and/or 21-11 B, are areas designated as floodways. Since the floodway is an extremely hazardous area due to modifications to the adopted floodplain for all other uses, improvements, or modifications to or within the the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following floodplain that do not fall within the guidelines of the Floodplain Use Permit. However, no habitable structures or provisions shall apply: improvements shall be allowed to be constructed within the Floodplain. a. Encroachments are prohibited, including fill, new construction, substantial improvements b. Floodplain Modification Application Submittal Requirements: and other development within the adopted regulatory floodway unless it has been demonstrated Applicants shall provide the following information prior to design review or any review by the Planning and Envi- through hydrologic and hydraulic analyses performed in accordance with standard engineering practice ronmental Commission: that the proposed.encroachment would not result in any increase in flood levels within the community (1)Elevation of the lowest floor (including basement and crawl space) of all new and substantially improved struc- during the occurrence of the base flood discharge. lures within or adjacent to the floodplain. b. If Subsection 12-21-11 F above is satisfied, all new construction and substantial improve- (2)Description of the to which any floodplain will be altered including; why, when, haw, and when it will be ments shall comply with all applicable flood hazard reduction provisions of Subsection 12-21-11 F. replaced back to its original configuration, and addressing each relevant factor in Subsection 12-21-11E-3. c. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance (3)Signature of the owners of all property subject to an impact by the proposed improvement. Regulations, a community may permit encroachments within the adopted regulatory floodway that (4)A site plan drawn to an engineering scale showing the location, dimensions, and elevations of the proposed would result in an increase in base flood elevations, provided that the community first applies for a landscape/grade alterations, existing and proposed structures, relevant landscapeftopographic features, and the conditional FIRM and floodway revision through FEMA. 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. Section 6. Section 12-21-12 is hereby amended as follows: (5)Detailed topographic cross-sections provide by a licensed ,..,.:~~sional surveyor of the area proposed to be altered, showing existing and proposed conditions. r, :2: I ; .^.T'i~^.'t.S'iE,^,. (6)Copy of all other necessary approved permits (i.e. Building permit, Public Way permit, ACOE permit, Dewater- F,~«,.: 3~ • • fl~:aESn, ing permit, DOW permit, CDHPE permit) - • ~ a ~ - - r lrtsin engmeerea noooptam analysis of the impacts to the ftoodplain prepared by a qualrfied licensed professional irwue:3t-iiear~levet;,,,,, ;,,,,;,..::.:y 5~;.=.:._.:, t °=-.1 ~:'vatian- engineer. _ ..:.::~..:.~or~,~-3a~~:°..:.~F:...r..,.:.Keen;;~,°;,,,.:,~a'R;.::,L.~:;E4eieHewirfg` (ti)Copy of submitted application for a conditional FIRM and floodway revision through FEMA, if applicable. 3. E..y;.;~ared-,1..:..:..y~ ' ' f:~'= _'.-atK•~ ,-•-r~~_~shu~re+vilFu= °„~~ered~~ (g) Environmental Impact Report, per Chapter 12-12, Vail Town Code. prevent-fietetie.,, ~:;Lr:;.;,:...::aferaFmeveme-f. 9_ = ~ =Sac= `:..:.~~°~.~r°w-:y= ~::a11 L.:°, fl-..> mot.:...,. _ (10)Any additional information deemed necessary by the Floodplain Administrator. s-r:.y;~::.•:.~, ;,.~E:.~-~-~ ~..y° 3. Review, Criteria and Findings: At the discretion of the Floodplain Administrator, Floodplain Use ...:.c: ,r:°,.3 and-eEevatie„° :;:mss:, °.+ng-that f` _ - _a: fie... wi:J..,; ieWrfin~~.°c;;.o;;:; ef-H-•::.'.: w~kxe- Permits may be reviewed by the Floodplain Administrator or the PEC. Ail Floodplain Modification Permits shall be s'.,:.II a:;; sted3e-aFle~<,t ;,.:c "c=t ;1'j ~L=.e the ba'.,:. _ , :.+err.- reviewed and approved by the Floodplain Admi... ,.F,ar and the PEC. 3-v2imcaii,.,,r..,°~, ..~.Ettieato : fe, ,°.,tiaNy : =•=~-s=~-~t_.=, f. =.ement- a. Criteria: The following :4,.~...:; shalt be used to make a determination in issuance of Floodplain Per- +aeat;..,, ..~,Y,~atc-~;aR; e,;:.:°.•:c~ yy ~ , J, c V? • •a~~E~=~ • tc r~P~P-L~~+~~°~~~ mils: 1':.:.=.:a=: - Jtility-sewiee;;,, °b..aE ...:.......:.vnis;-lawestii,,,,. ~I,: ~:iarrar~reaf+;,:y°°,~..°.,.,.,.'P,:. (1) The effects upon the efficiency or capacity of the Floodway; °,nP 3-reQis°°, N,~;"'"~^`~sa~e~ {2)The effects upon persons and personal property u,.°.. ~dm, downstream and in the immediate vicinity; (3)The effects upon the one hundred year flood profile and channel stability; Section 7. Section 12-21-13 is hereby amended as follows: (4)The effects upon any tributaries to the main stream, drainage ditches and any other drainage facilities or systems; i£ C1 ' 2LT:C3 (5)The danger to life and property due to flooding or erosion damage; =rn~oo',;es~i e-ai• • •:•::z:•'a#aFShalF~e-ta` (6)The susceptibility of the proposed improvements and its contents to flood damage and the effect of such dam- Pr. -Revfew-aiFbuild:.:~ ~~piieatien° ~.,°..,~theFtpetegt.:• z•+•L. • age on the individual owner; l~--Reaiewim{ .....:....:..:Nee°.;..,, ..o.:i[',..:.:,::, t:..:._L:.tantiaH; sHue1..:=;, t:, : nsur° ;fle-lawest- (7)The danger that materials may be swept onto other lands to the injury of others; Hear-eievatian-has{.°~„ :::.:.:Redt.. •:.:..tt ;i') at,:..;. Y.:c :._c=r°=_~~levetierr.- {B)The compatibility of the proposed use with existing and anticipated development; S..t,, r; W, ~.;;,,.°I ,~;,,.,t-ta-f#+e-federal ,,.,.,;,y:..,aym°,:wy:..,::.: <:yc•:;,, :,.Kr+eerning HeeE #zar~ (9)The safety of access to the property in times of flood for ordinary and emergency vehicles; ,,,°.,°y:.,, •~•iE erlcfdeveier::.=. t, ~~Eivet3+- (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; Section 8. Section 12-21-14 is hereby amended as follows: (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; 12-21-1412: RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES: (12)The effect the proposed changes will have any adverse environmental effect on the v...:~.....~rse, including without limitation, erosion of streambanks and streamside trees and vegetation and wildlife hab'dat; Section 9. Section 12-2-15 is hereby amended as follows: (13)The necessity to the facility of a watertront location, where applicable; (14)The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; 12-21-163: RESTRICTIONS IN GEOLOGICALLY SENSITIVE AREAS: (15)The relationship of the proposed use to the comprehensive plan for that area. b. Findings: The folowing findings shalt be made before granting of a Floodplain permit: Section 10. Section 12-21-16 is hereby amended as follows: (1) That the ,.,..,...wed use or modification adequately addresses the findings in Subsection 12-21-11E3A, as determined by the Floodplain Administrator. ,unless the applicant can demonstrate that one or more of the stan- 12-21-1.64: RIGHT OF APPEAL: Bards is not applicable, ar that a practical solution consistent with the public interest has been achieved. Nothing in this chapter shall be deemed to deny any interested person his/her rights to appeal the decision (2) That the proposed use or modffication is consistent with the adopted goals, objectives and policies outlined in of the administrator in accordance with section 12-3-3 of this title. In addition, nothing in this chapter shall be the Vail comprehensive plan and compatible with the development objectives of the town; and deemed to deny any interested person his/her rights to seek a variance from the requirements of this chapter, (3) That the proposed use or modification is compatible with and suitable to adjacent uses and appropriate for the l.~ :.°~.:.+L,;. ~ ft= ~~ca-fleedelevo::..,, ,.,~,s°~:. .,-~:.MY- surrounding areas; and ..tl= ,;,,y ° ; 30-, :.~.1==}. Variances shall be governed by the provisions of chanter 17 (4) That the proposed use or modidication promotes the health, safety, morals, and general welfare of the town and of this title. . 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. Section 11. Section 14-2-1 is hereby amended as follows: 4. Permit Fees: The town council shall set a ftoodplain permit schedule sufficient to cover the cost of Section 14-2-1: Definitions of Words and Terms town staff time, consultant fees, and incidental expense. AASHTO: American Association of State Highway and Transportation Officials 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. Section 12. Chapter 14-3 is hereby amended as follows: Table 1: Driveway/Feeder Road Standards F. Provisions for Flood Hazard Reduction Standard Single-famiy, Muttiplc Family 1. Gam..;,. ~1 Standards: In all areas of special flood hazards, the following provisions are required for all new Two-family, Primary/ Muldple Family -access [o more than 11 dwelNng unNs construction and substantial improvements: secondary -access to a ro 11 dwemng ; feeder mad Dory a. Habitable structures or improvements shat) NOT be permitted to be constructed within the one-hum- -access co na more urins dyed ear flood lain. Im rovements that ma be a proved for construction within the one-hundred ear flood- than's dweuiny unfls -feeder mad only y p p y p Y (including EHUs) plain include: -structu.es and an (1) Temporary grading in the Floodplain approved by the Floodplain Administrator, in which the site is returned to portions thereof within 150' from edge Ys existing grade and conditions; of street pevemem 2)lltility constructioNmatntenance within the Floodplain approved by the Floodplain Administrator which is deemed to have an insignificant impact to the Floodplain; r,3)Streambank stabilization within the ftoodplain approved by the Floodplain Administrator and is deemed to have Driveway/Feeder Road •n insignificant impact to the Floodplain; ")Public Intrastructure constructioNmaintenance approved by the Floodplain Administrator including but not Min. Width 1z•w zo• zz' =sited to roads, bridges, recreation paths, walks, stream drop structures, and stream erosion control measures Normal -Access from feeder road -Access tram feeder to units shaft comply wRh sirgle- ~hich are deemed to have an insignficant impact to the Floodplain. (Dates 1) sorg~r em N ~ i~wim lenity requirements contained herein An insignificant impact to the Floodplain shall be defined as: An improvement in the Foodplain that comainetl Herein a public benefit that meets the crkeria set out in Subsection 12-2t-11 F-1 A and causes no ~ :impacts to ,djacent properties and no permanent localized cumulative increase in the adopted Base Flood Elevations (BFE) rester than 0.25' vertical feet. The applicant shall apply for a conditional FlRM and Floodway revision through EMA, 'd applicable. All new structures or improvements, unless otherwise specifically provided for within this Chapter, 1a11 not influence the 100-year toodplatn and shall maintain a minimum clear distance from the 100-year fiood- iPage C42 -Saturday, September 22, 2007 THE VAIL DAILY 970.949.0555/vaiidaiiy.com Min. width 15' 2a' 2q~ standards are subject to all conditions and exceptions described herein. These standards shall be considered the minimum so° comer standards. When two (2) or more standards conflict, the more restrictive standard shall apply. (cross-over) TABLE 3 4 (Detail 2) RESIDENTIAL FIRE DEPARTMENT ACCESS STANDARDS Min. Width 1s' za 26' Section 15. Section 14-5-1 is hereby amended as follows: EntrancefCurb-cut (flare to 16') (flare to 24' with 10' curb- (flare to 28' with 75' curb-return radius) {Detail 1) return radius) 14-5-1: MINIMUM STANDARDS: This section (table 5 4) specifies the parking lot standards for all uses excluding resi- dential uses under three (3) units and including, but not limited to, commercial, retail, office, restaurant, institutional, hotel, Max. Width 24' head in s6' ss' accommodation, and multi le-farm! develo ment. These standards are subject to all conditions and exce ttons described Enhance/Curb-cu[ 48' back out P Y p ) p (Detail s> herein. These standards shall be considered the minimum standards. When two (2) or more standards conflict the more restrictive standard shall apply. Min. Grade 0.5% 0.5 % 0.5% centerline TABLE 5 4: PARKING LOT DESIGN STANDARDS (Detail 4) Angle of Minimum Minimum Minimum Max. Gratle 10%unheated 9% unheated s%unneated ~ parking space One-way drive aisle Two-way drive aisle Two-way drive aisle Centedine t2% heatetl 12% heated 12% heatetl (Detail4) 16%heatetl and engineered with flat 0° (parallel} 12' 22' 9' x 24' mcovery auras 45° 14' 22' 9' x 19' surface 9' x 18' enclosed _ Max. Grade 8% unhealed 8% unheated 8% unheated 8' x 16' COmpaCt (up f0 Centedine 12% heated 12% heatetl 1lY/ heatetl 25% of re wired Arkin Comer/Cross-over q p g in lots with more than 15 (Detail 2) parking spaces and clearly marked assuch) Max. cross-sape grade e % e % e% 7' height clearance for (Detail 1) enclosed parking Table 2: Residential Access and Parking Standards 60° 16' 24' 9' x 19' surface 9' x 18' enclosed 8' x 16' compact (up to Single-family, Multiple Family 25 % of required parking Two-famiy, Primary/Sec- Multiple Family -access to more than 11 in lots with more than 15 Standard ondary. -access to 4 to 11 dwelling dwelling units parking spaces and -access to not more than 3 units -feeder road only clearly marked as such) dwelling units(inc EHUs) -feeder road only 7' height clearance for -structures and all portions enclosed parking thereof within 150' from edge of street pavement 75° 22' 19' 24' 9' x 19' surface 9' x 18' enclosed Curb Cuts 8' x 16' compact (up to 25% of required parking in lots with more than 15 Curb cuts permitted 1 per street per unit 2 per parcel Minimum necessary for parking spaces and Deady marked as such) (number Maximum of 2 curb cuts adequate access 7' height clearance for per lot enclosed parking Parking Requirements g0° 24' 24' 9' x 19' surface 9' x 18' enclosed 8' x 16' compact (up to Min. horizontal clearance 24' WA WA 25 % of required parking between garage doors in lots with more than 15 (parallel to road) to edge of parking spaces and public street pavement clearly marked as such) (Detail 3) 7' height clearance for enclosed parking Min. horizontal clearance 5' S' S' ' between required parking Cross-over drive aisle i8' 1T ~ 30' Na space and etlge of public ~ Drive aisle with 12' 22' Na street or feeder road pave- ment no parking Min. horizontal clearance WA 2' from obstructions 5' from obstructions Min. opening for a parking 12' 20' Na trom teener roan [0 5' from ouua~ngs w from ouudmgs structure entrance structures I ~ I /obstructions (e. g., guardrails, trees, retaining walls, etc.) (Detail 8) Parking space size 9' x t 9' surface Soe Table 4, CommerciaU See Table 4, CommerciaU 9' x 18' enclosed Multiplo-Family Parking Lot Multiple-Family Parking Lot Standards Standards Section 16. Section 14-5-2 is hereby amended as follows: Sight distance triangle Forward Movement: t0' t0' perpendicular x 250' 10' perpendicular x 250' (Detail 3) perpendicular x 250' lateral lateral or per AASHTO in- lateral { ...:.ianee 14-5-2: OTHER REQUIREMENTS: Backward Movement: tersection sigh distance ,~,,,,,,,;,~err B.On Street Parking: On street parking is not permitted far private developments. All public on street parking provided in 15' x 250' lateral or per standards 'd required by sitesrre; ~a~{!y the right of way shall meet the standards included in this chapter (table 5 4}. AASHTO i...~. ,<_.:on the Administrator.{strieF jor per AASHTO In- K.Valet Parking: Valet parking shall be allowed, but shall not exceed fifty percent (50 of the required parking on sfte. sigh distance standards tersection sigh distance Valet parking shall be calculated utilizing an eight foot by eighteen foot (8' x 1 B') parking space for each car (parallel if required by the Admin- c.,_::_~ standards, rf required by spaces must be 9' x 20'). Cars may be parked t.,;,:.-.-. up to 4 cars deep in a valet lot stacked in a manner in which any istretor. kryslrgsieeHy eemply) the Administretor, or by vehicles that may have to be temporarily moved by a valet to gain access to another vehicle can be temporarily (;,;.:~t c:,::. I::.:.t;, ,~ay,ret an approved mitigation rked in a location that does not block ubRc dnve/,..:.::.~:~ tan aisles o? a desi noted Ix, •:.:,..:::.tl :.:yes-net- device. ~ P 9 parking space. LI- _ rl. 3~? M. Parking Structure Ramp Grades: Table 6 (below) outlines requirements for cross slope, ramp grade, and cen- v terline grade break in parking structures. Back-outlTum-around area 12' wide Back-out into right-of-way Back-out into right-of-way Table 6: Parking Structure Ramp Grades (Detail 7) 20' centerline ratlius prohibited prohibited Designed for 3 point turn Tum-around area: Car turn-around area: Parking Structure Ramp Maximum Maximum Ramp Grades Maximum Cemedine or less 1 Z' wide 12' wide Type Parking Space Cross ~ Grade Break Required when: 20' centerline radius 20' centerline radius slope -cross-over angle is Designed for 3 point turn Designed for 3 point turn greater than 120°; or less or less -entry angle is less than Truck turn-around area: Passenger Vehicle Only 6% 14% 8 70°; Shalt be designed so trucks and Internal to Structure - accessing a collector, exit site forward as deter- arterial, or commercial mined by traffic engineer passenger Vehicle Only 6% Unheated 9% 8 street; or based on uses proposed. and External (Exposed to Heated 12% - backout sight triangle weather) requirement is not met. CommerciaUloading & 6% Unheated 9% 6% Delivery Heated 12% Driveway Pan (Drainage) 4' wide concrete pan at 4' wide concrete pan at 8' wide concrete pan at (Detail 1) edge of asphalt for the full edge of asphalt for the full edge of asphak for the full width driveway pavement width driveway pavement width driveway pavement _ inclSding returns including returns including returns Section 1Z If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such deci- sion 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 invafid Section 13. Section 14-3-2 is hereby amended as follows: Section 18. The Town Council hereby itnds, 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. 14-3-2: Other Requirements: Section 19. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has H. Landscape and Other Improvements within or adjacent to the Right of Way: All improvements and accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any outer landscaping wthin or adjacent to the Right of Way shall be subject to Town of Vail approval and shall re- action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not quire a revocable right of way permit to be recorded with Eagle County. The improvements shall adhere revive any provision or any ordinance previously repealed or s~.r_.,°d~ unless expressly crated herein. to the following guidelines (Table 3) unless otherwise approved by the Administrator. Section 20. 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 dtereol; theretofore _ Table 3: Improvements And The Right Of Way repealed Improvement Min. Offset from Edge of Public Min. Offset horn Edge of Public INTRODUCED, READ ON FIRST READING, APPROVID, AND ORDERID PUBLISHED ONCE IN FULL ON FIl2ST READ- road walkfpadt ING 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. Trees 10' S' Rodney E. Slifer, Mayor - Shrubs/perennialsfannuals/etc... 5' 2' ATTEST: ' ' Lorelei Donaldson, Town Clerk Retaining walls & other pennaneM 10' S' obstructions INTRODUCED, READ, AlH3PT'ED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 18th ~ Water features, decks, patios, Not allowed in rigMot-way Not allowed in right-of-way , t panting, private signs, entry fea- ~ day of September, 2007. lures, gates, fences, private lights, Rodney E. Slifer, Mayor ~ cobble lined ditches ATTEST: 6 Lorelei Domldson, Town Clerk ~ Irrigation & Grass 2' 0' Section 14. Sedan 14-4-1 is hereby amended as follows: Published in the Vail Daily September 22, 2007. j, This section (table 34) s,.,,_..._~ residential fire department access standards for residential devekpment These