HomeMy WebLinkAboutSTEPHENS SUBDIVISION PARCEL B LEGALDEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATER RESOURCES
March 4, 2010
Anne Lonaine Horrenstine
2754 S. Frontage Road W.
Vail, CO 81657
Re; WellPermit No. 19061
Daar Ms. Howengtine:
We havc revi*ed your request to recongider our decision regardirp the us€ of the
aforementioned rryell, and have decided to grant your request. Based on thibtter submitted and
convengations with me, it is apparent that you have made plans and epent considerabte capital
based on information provided by our office. These expenditures includa the construction of a
duplex on the lot on which the rwll is tocated. As such, we take note of the previous statements
made by peraonnal in our offce in Glernvood Springc and clarfi that th€ w;[ with permit No.
19001 may be us€d for domcrtic uses limited to tire protedion, ordinary househo6 purp6es
inside not more than three (3) single family dwellings, wilh agsociated iiiigation of h6m6 gardens and lawns on Parcels B-1 and &'2 of the Reeubdivision of Parcel B, Amsnd€d plat ot
Stephens Subdivision.
For your beneftt and for thc benefit of any party that uses thie tetter to understand the
application of the law in thess situetaons, t would tike to clariff that application of the taw. A well
that was permitted at the time and in the same mannsr as yours dodri have the potential to
serv€ as many as three singlc-family dvuellings, ae vuell ar inigating up to one aire ol lawn and
garqen, and watair|g liYesloclt end dom$tic animale. Hareyer, that is just anupry timit and
the legally-allovwd uss is lirnited to th6 actual use that was in ptace on futay g, tgiz. ro the
extent vve did not adequately convey that to you in our communications, wL tate responsibility
and remedy thet h6rein.
Also, please note that th€ location of the well provided with your change in ownership
filed on February of 2001 Ooe! lg match the permittcd location of ihe rrvell. Ai such, you must
complete the attach€d Form GWS-11 Change in Ornnerchi/Addrass/Cor€ction of L6cation to
correct the location to the adual locEtion. Pleaee check the box next to'Corr€cition of location
tor exempt wells pemitted prior to May E, 1972...'to agsure lhat the conection is procersad,
Please contac{ me if I may be of any further assietance in this mattcr.
Waler Rerourca Engineer
EnclosureE; Form GW$1l change in omeruhiCAoorc$/coriocilion of Location
Map illustrding rclativo locetioru of thc wtlls
CML: PN 19061.doc
Gc: Martin Haeberle, Town of Vail Buildlng Dapartment
!1/ittiry T. Carlson, Town of Vail Community Dcrrelopment
Bii Gibson, Tourn of Vail Planning Depertrncrt
Lynn Brooks, ERWSD offlce of rhc strrc Engtneer
1313 sherman stteeb suite slt . Tffi i?ff; g::f: 300-s6&35E1 o Fax fl)3{5635Ee
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rIL E COPY
CASE NO.:09-08-0394C
COMMIJNI'IY: TOWN OF VAIL, EAGLE COLTNI'Y'
COLORADO
COMMUNITY NO.: 080054
DIIAR MR. SLIFER:
This is in reforence to a request that the Federal Emergency Managemenl. Agency (FtlMA) determine if
the property described in the enclosed document is located within an identified Special Flood Hazard
Rrea, ttre area that would be inundated by the flood having a l-percent chance ofbeing equaled or
exceeded in any given year (base flood), on thc ell-ective National Flood Insurance Program INFIP)
map. Using thl information submitted and the effective NFIP map, our determination is shown on the
attached Conditional Letter of Map Revision based on Fill (CLOMR-F) Comment Document. This
comment document provides additional information regarding the cffective NFIP map, the legal
description ofthe property and our comments regarding this proposed project-
Additional documents are enclosed which provide information regarding the subject property and
CLOMR-Fs. Please see the List of Enclosures below to determine which documents are enclosed.
Other attachments specific to this request may be included as referenced in the Determination/Comment
document. If you have any questions about this letter or any of the enclosures, please contact the
FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to
the Federai Emergency Management Agency,3601 Eisenhower Avenue, Suite 130, Alexandria, VA
22304-6439.
Sincerely,
fu/J4";4 64-a, O*
William R. Blanton Jr., CFM, Chief
Engineering Management Branch
Mitisation Directorate
I,IST OF ENCLOSURES:
CI,OMR-F-DEN COMMENT DOCUMENT
cc: Mr. Thomas Froning
Mr. Tom Kassmel, Town Engineer
tr'ederal Emergency Management Agency
Washington, D.C. 20472
March 03.2009
THE HONORABLE RODNEY SLIFER
TOWN OF VAIL
75 SOU'I-H FRONTAGE ROAD
vArL, CO 81657
Page 1 of 2 Date: March 03, 2009 lcase No.:09-08'0394C I CLOMR-F-DEN
Federal Emergency Management Agency
Washington, D.C.20472
CONDITIONAL LETTER OF MAP REVISION BASED ON FILL
COMMENT DOCUMENT
COMI,IUNITY AND MAP PANEL INFORMATION LEGAL PROPERTY DESCRIPTION
COMMUNITY
TOWN OF VAIL, EAGLE COUNTY,
COLORADO
Proposed Parcel B-1 , Stephens Subdivision, Eagle County, Colorado
The Lowest Floor elevation for the proposed building in this request
are below the base flood elevation. Construction of buildings wiih this
attribute will neoessitate actions by the Community and the Region
before processing the as-built LOMR-F to ascertain adherence to
design requirements listed under the Simplified Approach in
Technical Bulletin 10-01 .
COMMUNITY NO.:080054
AFFECTED
MAP PANEL
NUMBER: 08037C06s0D
DAfrE:121412007
FLOODING SOURCE: GORE GREEK APPROXIMATE LATITUDE & LONGITUOE OF PROPERW: 39.619, .106.430
SOURCE OF LAT & LONG: PREclSloN MAPPING STREETS 7.0 DATUM: NAD 83
coMt ElT TABLE Reeenope rue pioposED pRopERTy (pLEAsE NorE THAT THts ls Nor A FINAL DETERMINATIoN. A FINAL DETERMINATION wLL BE
MADE UPON RECEIPT OF A$'BUILT INFONMA
LOT BLOCI(
SECTION
SUBDIVISION STREET FLOOD
ZONE
1% ANNUAL
CHANCE
FLOOD
ELEVATION
NAVD 88
LOWEST
ADJACENT
GRADE
ELEVATION
VD
LOWEST
LOT
ELEVATION
(NAVD 88)
Stephens 2754A South
Frontage Road West
Structure AE 7826.9 feet 7825.5 feet
Speciaf lUoa Hazard Area (SFHA) - The SFHA is an area that would be inundated by the flood having a l-percent chance of being
equaled or exceeded in anv qiven vear (base flood).
ADDITIONAL CONSIDERATIONS (Ptease refer to the appropriate section on Attachment 1 for the additional considerations listed below.)
LEGAL PROPERTY DESCRIPTION
CONDITIONAL LOMR.F DETERMINATIQN
This document provides the Federal Emergency Management Agency's commenl regarding a request for a Conditional Letter of Map Revision
bas€d on Filt for the property described above. Using the information submitted end the etfective National Flood Insurance Program (NFIP)
map, we have determined that the proposed structure(s) on the property(ies) would be located in the SFHA, an area inundated by the ftood
having a l.percent chance ot being equated or exceeded in any given year (base flood) if built as proposed. Therefore, tlood insurance is
required for the properly described above. lf filt is placed on the subiect property lo raise its elevation above the base flood elevation atter the
effective dale ot the Rrst NFtp map showing tha property in itle SFHA, then, for the subject property to be outside of the SFHA' it must be
demonstrated that the subject property is reasonably safe from flooding in accordance with Part 65.5(aX4) of our regulslions. Further guidance
on determining if the $ub1ecl property- is reasonably safe from tlooding may be found in FEMA Technicat Bulletin 10-01. A copy of this bulletin
can be obtained by calling the FEMA Map Assistance Cenler loll free at (877) 336-2627 (877-FEMA MAP) or trom our web site at
http:/,!vww.lema.govhiutbl 00'1 .pdf .
This comment document is based on the flood dala presentty available. The enclosed documents provide additional information rsgarding lhis
request and information regarding your opfions for obtaining a Letter of Map Revision based on Fill' lf you have any questions about this
document, please contact the FEMA Map Assistance Cen(er loll free at (877) 398 2627 1877 -FEMA MAP) or by letter addressed to the Federal
EmergencyManagemenlAg6ncy,360lEisenhowerAyenue,suitel30,Alexandria,VA22304s439.
fu/JZ"; 4 rl*
\Mlliam R. Blanlon Jr., CFM, chief
Enginoering Managemenl Branch
Mitigation Dhectorate
Oecopr
TOIINOF l/l{II
Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2138
FAX 970-479-2452
www.vailgov.com
September 30,20Q4
Peter Papangelis
Coldwell Banker
Timberline Real Estate Inc.
286 Bridge Street
Vail, CO 81657
RE: 2754 South Frontage Road./Parcel B, Stephens Subdivision
Dear Peter,
This letter is in response to your fa,x dated September 29,2004. Your fax indicates that a potential buyer
of 2754 South Frontage Road is inquiring about the tbasibility of constructing a garage
addition/renovation of this property. As you are aware there are several issues which must be addressed
as part of any proposal to renovate this property:
. Any proposed renovation will require Town of Vail design review approval, which is typically a
3 to 5 week process.
. Any proposed renovation will also require Town of Vail building permit approval, which is also
typically a3to4 week process.
r As this property is located almost entirely within the Gore Creek 100-year flood plain, a
renovation of this property will likely require Town of Vail Planning and Environmental
Commission approval of grading/construction in the floodplain, this is typically a4 to 6 week
process.
r As this property is located almost entirely within the Gore Creek 10O-year flood plain, a
renovation of this property may require United State Army Corp of Engineers approval.o As this property appears to be nonconforming in regard to several provisions of the Town's
zoning regulations (i.e. gross residential floor area, setback, etc.), a renovation of this property
may require Town of Vail Planning and Environmental Commission approval of a variance(s).. As shown in your fax, the conceptual driveway design appears to be located on Colorado
Depadment of Transportation (CDO'I') property and will therefore require State of Colorado
approval.
r You also inquired about rezoning this property. Such a proposal will require Town of Vail
Planning and Environmental Commission and Vail Town Council review and approval of a Land
Use Plan amendment and a Zoning Map amendment, which is typically an 8 to l0 week process.
Please reference the September 2,2004,letter to Greg Amsden for additional information related to the
property. If you have any questions or comments, please f'eel fiee to contact me directly at (970) 479-
2173.
{p ^""".""o
rtr"o
Sep FS 2OO4 12: ?1Pl'l Coldurel l Banker Timberl in 97O-s26-S164 F.1
TIME tt:sS am
TIMBERLINE
REAL ESTATE, INC.
DATE Sepr4$cr29,2004
FROM; Peter Papangelis
REFERENCE 2754 South Frontage RoadFaroel B, Stephens Subdivision
FA)( # 479-2452
Inctuding.this.covar sheet,_ you should recelve 2 pages in thls transmission. lf you do nol
1999_lve afl of the Pages or if any of them are llleglble, pleas€ conlact us by telephone or FAX.
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDMIbUAL oR ENTITY To
WHICH IT IS DIRECTED AND MAY GONTAIN INFORMATION WHICH IS PRIVILEGED,CONFIDENTIAL AND/OR EXEMPT FROM DISCLOSURE UNOER APPLICABLE LAW. If th6 reader of this message l3 nol the Intended reciplent or the employee or agent
responslble for deliverlng the message to the Intended reclpient you are hereby nolifled that any dlssemination, dlsklbutiqn or copylng of thls communication is strlcgy prohibited. lf you have received this oommunlca8on In error, please notify this ofllce
lmmediately by collect telephone call and destroy the transrnlttal.
., 286 BRTDGE STREET
vAlL, co 81657
BUS. (S70) 476-2113
FA)( (e7o) 476-3084
BEAVER CREEK LODGE
BEAVER CREEK, CO E1620
BUS. (e70) 949€409
FA)( (970) S4s-9426
Bill Gibson TO:
PHONE NO.
FAX NO.
97Ol 476.2113 exL ll
970t 476,€08,4
TOLL FREE NO. 866/476-7653
MOBTLE NO. S7013T6-3784
I
Dear Bill,
Please nevlew survey and drawn In propoeed extension of driveway and additton
of a two car attached garage. Gan you please glve me and the potentlal Buyers of this property, Tom & Maggle Fronihg, your opinlon and or a preliminary approval or not if this change would be allowed by the Town of Vail. I would also like to know what the maxlmurn allowable GRFA fior this propergr would be. As I
understand tt, garage rguare footage is not deducted from GRFA- t understand that no official Town of Vall appronal can be obtalned untll fomat plans and
appllcatlons are filed. The Fronings ar6 just trying to determine if the drlveway extenslon and addltlon of a two car garag€ ls feasible or not lf lt is not, they
probably will not buy the property. Please let me know your thoughts as soon as possible. You can calf or fax me at any of the above numbers or lf possfble
please e-mail me,at poterp@val.not . Thank you very much for your asslstance.
Sincer€ly, ,4
Pelor Papangelis
Broker/OwnEr
FtL[ s$Py
D ep artm ent of C ommunity D ev el opm ent
75 Sauth Frontage Road
Yail, Colorado 81657
970-479-2138
FAX 970-479-2452
www.vailgov.com
September 2,2Q04
Greg Amsden
Amsden Davis & Fowler
500 South Frontage Road East
Vail, CO 81657
RE: 2754 South Frontage Road/Parcel B, Stephens Subdivision
Lrear urcg,
The following is a brief overview of the developmgnt standards for Parcel B, Stephens Subdivision:
Zontng: Residential Cluster (RC) District
. Total Lot Area: 23,344 sq.ft.
Pursuant to the Final Plat for a Resubdivision ofParcel B, Amended Piat Stephens Subdivision,
approved by the Town of Vail on June 4, 2001, the follow'ing development standards apply:. For zoning purposes, Parcels B-l anp B-2 shall be treaiid as one lot.. No more.than two dwelling units,shall be allowed on the combined area of Farcels B-
I and B-2.
Pursuant to Article 12-6E, Residentiai Cluster District, Vail Town Code, the following
development standardil apply:. Setbacks: The mininrum front setback shall be twenty feet (20'), tbe minimum side
setback shall be fifteen feet (15), and the minimum rear setback shall be fifteen feet
(15). The minimum setback from the centerline of Gore Creek is fifty feet (50).r Height: For a flat roofor mansard roof, the height ofbuildings shall uot Bxceed thirty ' feet (30'). For a sloping roof, the height ofbuildings shall aot exceed thirty three feet
(33).
. Site coverage: Site coverage shall not exceed twenty five percent (25%) of the total
site area (i.e. 5,836 sq.ft.).. Landscaping and Site Development: At least sixty percent (60%o) of each site shall be
landscaped (i.e. 14,005 sq.ft.).i. Parking: Off street parking shall be provided in accordance with Chapter 12-10, Vail
Town Code. No parking shall be located in any required front setback arqa, except as
may be specifically authorized in accordance with Chapto 12-17, Vail Town Code.
At least one parking space per dweliing unit shall be located within the main buildiilg
or buildings or lvithin an accessory garage whenever the development is reasonable - and appropriate for the site and is required by the design reyiew board.
12-3-1
CHAPTEH 3
ADMINISTRATION AND ENFORCEMENT
12-3-3
entered in the absence of the owner
or tenant without the written order of a
court ol competent jurisdiction.
Serve Notice: The administrator may
serve notice indicating the nature of
any violation, or requiring the removal
of any structure or use in violation of
this title, on the owner or his/her au-
thorized agent, or a tenant, or on any
other person who commits or partici-
pates in any violation ol this title. The
administrator may call upon the town
attorney to institute necessary legal
proceedings to enforce the provisions
of this title, and the town attorney is
authorized to institute appropriate
actions to that end. The administrator
may call upon the chief of police and
his/her authorized agents to assist in
the enforcement of this title. (Ord.
8(1e73) S 21.102)
12-3-3: APPEALS:
A. Administrative Actions: Any decision,
determination or interpretation by any
town administrative official with re-
spect to the provisions of this title and
the standards and procedures herein-
after sel forth shall become final at
the next planning and environmental
commission meeting (or in the case of
design related decision, the next de-
sign review board meeting) following
the administrator's decision, unless
the decision is called up and modified
by the board or commission.
SECTION:
12-3-1: Administrator;Appointment
12-3-2: Administrator; Duties
12-3-3: Appeals B.
12-3-4: Determination Of Similar Use
12-3-5: Declaration Of Site Allocation
12-3-6: Hearings
12-3-7: Amendment
12-3-8: Zoning Changes; Town Property
12-3-9: Compliance;Violations;
Penalties
12-3-1: ADMINISTRATOR; APPOINT-
MENT: The town manager shall
appoint an administrator who shall adminis-
ter and enforce this title. The position of
administrator may be combined with anoth-
er position of the' town. (Ord. 8(1973)
s 21 .100)
12-3-2: ADMINISTRATOR; DUTIES:
A. lnvestigation; Inspection: The adminis-
trator shall be responsible for such
duties as prescribed in this title, and
shall be responsible for enforcement
of the zoning regulations. The admin-
istrator and his/her designees shall
have the right to enter on any site or
to enter any structure for the purpose
'of investigation or inspection related
to any provision of this title, provided
that the right of entry shall be exer-
cised only at reasonable hours and
that in no case shall any structure be
Town of Yoil
February 2004
I z-J-J
owner, and adjacent property owners
(notification within a condominium
project shall be satisfied by notifying
the managing agent or the board of
directors of the condominium associa-
tion) at least fifteen (1 5) calendar
days prior to the hearing. A hearing
shall be scheduled to be heard before
the planning and environmental com-
mission (or the design review board in
the case of design guidelines) on the
appeal within thirty (30) calendar days
of the appeal being filed. The planning
and environmental commission (or the
design review board in the case of
design guidelines) may grant a contin-
uance to allow the parties additional
time to obtain information. The contin-
uance shall be allowed for a period
not to exceed an additional forty (40)
cale.ndar days. Failure to file such
appeal shall constitute a waiver of any
rights under this title to appeal any
interpretation or determination made
by an administrative official. C.
4. Effect Of Filing An Appeal: The
filing of a notice. of appeal shall stay
all permit activity and any proceedings
in furtherance of the action appealed
unless the adminislrative official ren-
dering such decision, determination or
interpretation certilies in writing to the
planning and environmental commis-
sion (or the design review board in the
case of design guidelines) and the
appellant that a stay poses an immi-
nent peril 1o lile or property, in which
case the appeal shall not stay further
permit activity and any proceedings.
'The commission (or board) shall re-
view such certification and grant or
deny a stay of the proceedings. Such
determination shall be made at the
next regularly scheduled meeting of
the planning and environmental com-
12-3-3
mission (or the design review board in
the case of design guidelines).
5. Findings: The planning and environ-
mental commission (or the design
review board in the case of design
guidelines) shatl on all appeals make
specific findings of fact based directly
on the particular evidence presented
to it. These findings of fact must sup-
port conclusions that the standards
and conditions imposed by the re-
quirements of this title have or have
not been met.
6. Fee: The town council may set a
reasonable tee for filing an appeal of
an administrative decision, determina-
tion or interpretation. The fee will be
adopted in a fee schedule which shall
be maintained in the department of
community development. The fee shall
be paid at the time the appeal is filed.
Appeal Of Planning And Environmen-
tal Commission Decisions And Design
Review Board Decisions:
1. Authority: The town council shall
have the authority to hear and decide
appeals from any decision, determina-
tion or interpretation by the planning
and environmental commission or the
design review board with respect to
the provisions of this title and the
standards and procedures hereinafter
set forth.
2. Initiation: An appeal may be initiat-
ed by an applicant, adjacent property
owner, or any aggrieved or adversely
atfected person from any order, deci-
sion, determination or interpretation
by the planning and environmental
commission or the .design review
board with respect to this title. 'Ag-
t.
Ioutn of Yail
February 2004
I Z-5-J 12-3-4
and any proceedings. The town coun-
cil shall review such certification and
grant or deny a stay of the proceed-
ings. Such determination shall be
made at the next regularly scheduled
meeting of the town council.
5. Findings: The town council shall on
all appeals make specific findings of
fact based directly on lhe particular .
evidence presented to it. These find-
ings of fact must support conclusions
that the standards and conditions
imposed by the requirements of this
title have or have not been met.
6. Fee: The town council may set a
reasonable fee for filing an appeal to
a planning and environmental commis-
sion or design review board decision.
The fee will be adopted in a fee
schedule which shall be maintained in
the department of community develop-
ment. The fee shall be paid at the
time the appeal is filed.
Procedure For Appeals; Sign Regula-
tions: The procedure lor an appeal of
an administrative interpretation of the
sign regulations shall be the same as
that of appeals of an administralive
action as set forth in subsection B of
this section.
Appeal Of Town Council Decisions:
Any applicant, adjacent property own-
er, or any aggrieved or adversely
affected person aggrieved by a final
decision of the town council with re-
spect to a filed appeal may seek re-
.view of such decision by a court of
competent jurisdiction in the manner
provided by the laws ol the state.
Conduct Of Hearing: The town council
shall have the authoritv to set stan-
dards, by administrative rule, on ap-
pellate hearing procedures including,
but not limited to, time allowance for
the presentation of evidence and the
time allowance for oral arguments.
(Ord. 2(2003) g 1: Ord. 7(1se6) S 11)
12-3-4: DETERMINATION OF SIMI-- LARUSE:
A. Uses Not Listed: ln order to ensure
that the zoning regulations will permit
similar uses in certain prescribed
commercial zones, the town council,
on its initiative or upon written re-
quest, shall determine whether a use
not specifically listed as a permitted
. use shall be deemed a per,mitted use
on the basis of similarity to uses spe-
cifically listed. The procedure pre-
scribed .in this section shall'_not be
substituted for the amendment proce-
dure as a means of adding new uses
to the lists of permitted uses, but shall
be followed to determine whether the
characteristics of a particular use not
listed are sufficiently similar to certain
classes of permitted uses to justify a
finding that the use should be deemed
a permitted use.
B. Review Use Characterislics: The ad-
ministralor, upon request of the town
council, or written request of any per-
son for a determination under this
section, shall review ihe characteris-
tics of any use proposed to be deter-
mined as similar to permitted . uses,
and shall transmit a report to the
council advising in what respects the
proposed use would be, in fact, similar
to specified permitted uses in the
same district, or in what respects the
proposed use would not be similar to
permitted uses, or would be similar to
n
E.
{.
Town of Yoil
February 2004
I z-o-o
Notice:
1. Not less than tifteen (15) days prior
to the date set for the hearing before
the planning and environmental com-
mission, the administrator shall cause
a copy oi the notice to be published
once in a newspaper of general circu-
lation in the town.
2. ln addition to the published notice,
the administrator shall cause a copy
of the notice to bb mailed by first
class mail, postage prepaid to the
owner or owners of record of the prop-
erty which is subject of the hearing
and the owner or owners of record of
the property adjacent to the subject
property (if the adjacent property is a
condominium project, notice may be
mailed to the managing agent, regis-'- tered agent or any member oi the
board of directors thereof), for any
amendment, change or application
relating to:
a. Changes in zoning district
boundaries:
b. Conditional uses;
' c. Variances;
d. Development plans for special
development districts; and
e. Changes in the density control
sections in any of the zone districts.
3. The within required notices shall
state the time and place of the hear-.ing, name of the applicant, a general
description of the subject property
indicating its location (which may be
shown by map), a brief summary of
12-3-6
the subject matter of the hearing, and a statement that the application or
information relating to the proposed
change or amendment is available in
the administrator's office during regu-
lar business hours for review or in-
spection by the public.
Evidence:
1. The planning and environmental
commission shall base its determina-
tions upon statements contained in
the application or petition, upon re-
ports trom the town statf or consul-
tants, if any, and upon evidence pre-
sented 10 the commission at the hear.
ing.
2. The town council shall base its
determinations upon statements con-
tained in the application or petition,
upon reports from the town staff or
consultants, it any, upon evidence
submitted to the planning and environ-
mental commission and the recom-
mendations or findings of the commis-
sion, and upon evidence presented to
the council at the hearing.
3. Hearings shall be conducted in
such a manner as to afford an appli-
cant or petitioner and all interested
parties the opportunity to submit ex-
ceptions to the record, contentions,
and arguments with respect to the
issues entailed, provided that the
planning and environmental commis-
sion and the town council may limit
the taking of evidence to evidence not
previously submitted and made a
matter of record. (Ord. 49(1979) $ 1:
Ord. 16(1978) $ 7: Ord. 8(1973)
ss 21.400,21.403)
U.
Town of Yoil
November 2002
.t z-J- I
tute spot zoning as the amend-
ment serves the best intefests of
the community as a whole; and
(5) The extent to which the zone
district amendment resulls in
adverse or beneficial impacts on
the natural environment. includ-
ing, but not limited to, water
quality, air quality, noise, vegeta-
tion, riparian corridors, hillsides
and other desirable natural fea-
tures; and
(6) The extent to which the zone
district amendment is consistent
with the purpose statement of
the proposed zone district; and
{7) The extent to which the zone
district amendment demon-
slrates how conditions have
changed since the zoning desig-
nation of the subject property
was adopted and is no longer
appropriate; and
(8) Such other factors and crite-
ria as the commission and/or
council deem applicable to the
proposed rezoning.
b. Necessary Findings: Before
recommending and/or granting an
approval of an application for a zone
district boundary amendment the plan-
ning and environmental commission
and the town council shall make the
following findings with respect to the
requestecl amendment:
' (1)That the amendment is con-
sistent with the adopted goals,
objectives and policies outlined
in the Vail comprehensive plan
12-3-7
and compatible with the develoo-
ment objectives of the town; and
(2) That the amendrnent is com-
patible with and suitable to adja-
cenl uses and appropriate for
the surrou.nding areas; and
(3) That the amendment Dro-
motes the health, safety, moials,
and general welfare of the town
and promotes the coordinated
and harmonious development of
the town in a manner that con-
serves and enhances its natural
environment and its established
character as a reso( and resi-
dential community of the highest
quality.
2. Prescribed Regulations Amend-
ment:
a. Factors, Enumerated: Before
acting on an application for an amend-
ment to the regulations prescribed in
this title, the planning and environ-
mental commission and town council
shall consider the following factors
with respect to the requested text
amendment:
(1)The extent to which the text
amendment furthers the general
and specific purposes of the
zoning regulations; and
(2) The extent to which the text
amendment would better imple-
ment and better achieve the
applicable elements of the
adopted goals, objectives, and
policies outlined in the Vail com-
prehensive plan and is compati-
ble with the development objec-
tives of the town; ano
Town of Yail
November 2002
(,,
12-3-7
G. Hearing By Town Council; Upon re-
ceipt of the report and recommenda-'
tion ol the planning and environmental
commission, the town council shall set
a date for hearing in accordance with
subsection 12.3-68 of this chapier.
H. Action By Town Councih Within twenty
(20) days of the closing of a public
hearing on a proposed amendment,
the town council shall act on the peti-
tion or proposal. The iown council
shall consider but shall not be bound
by the recommendation of the plan-
ning and environmental commission.
The town council may cause an ordi-
nance to be introduced to amend the
regulations of this title or to change
district boundaries, either in accor-
dance with the recommendation of the
planning and environmental commis-
sion or in modified lorm, or the council
may deny the petition. ll the council
elects to proceed with an ordinance
amending the regulations or changing
district boundaries, or both, the ordi-
nance shall be considered as pre-
scribed by the charter ot the town.
(ord. 4(2002) $ 1: Ord. 4e(1e7e) $$ 2,
3: Ord. 50(1978) $ 17: Ord. 16(1978)
S 8: Ord. 8(1978) $ 21.500: Ord.
8(1973) SS 21.501, 21.504, 21.506)
12-3-8: zoNING CHANGES; TOWN
PROPERTY:
A. Appropriate Zoning: All real property
owned by the town and acquired'by
sale, purchase, gift, dedication or any
other means shall be zoned or re-
zoned to a zoning category appropri-
ate to the use or proposed use there-
of.
12-3-9
B. Rezone Requirements: The zoning
classification of any real property
owned by the town shall not be
changed wiihout full compliance with
the terms and requirements of this
title.
C. Town Bound By Title: Property owned
by the town shall not be used contrary
to the terms of this title, in particular,
the restrictions of the zoning dislrict in
which the property is located. (Ord.
s(2003) $ '19: Ord. 24(1978) g 1)
12-3-9:COMPLIANCE; YIOLATIONS;
PENALTIES:
A. Compliance Required: lt is unlawful to
use or occupy or to permit the use or
occupancy of any building or portion
thereof, or site, or both, which-may be
erected, converted, altered or placed
into use in a manner or for a use or a
purpose which is not in conformily
with the requirements of this title.
B. Building Permit: No permit tor erec-
tion, alleration, moving, or rcpair ot
any building, slructure, or use shall be
issued unless the proposed building,
structure, or use complies with the
requirements of this title.
C. Not Exclusive: In case any building or
structure is erected, structurally al-
tered, extended, moved or maintained,
or any building, structure or land is
used in violation ol this title, any per-
son may file a writlen complaint in the
town municipal court alleging said
violation. The filing of a complaint to
the municipal court shall be an addi-
tlonal remedy, and shall not preclude
the imposition of any other civil or
administrative action or sanction.
February 2004
Town of VaiI
Iz-otr-I
SECTION:
12-6E- 1: Purpose
12-6E- 2: Permitted Uses
12-6E- 3: Condilional Uses
12-6E- 4: Accessory Uses
12-6E. 5; Lot Area And Site Dimensions
12-6E- 6; Setbacks
12-6E- 7: Height
12-6E- 8: Density Control
12-6E- 9: Site Coverage
12-6E-10: Landscaping And Site
Development
12-6E-11: Parking
12-6E-1 ; PURPOSE: The residential clus-
ter district is intended to provide
sites for single-family, two-family, and multi-
ple-family dwellings at a density not ex-
ceeding six (6) dwelling units per acre,
together with such public facilities as may
appropriately be loca'ted in the same dis-
trict. The residential cluster district is in-
tended to ensure adeguate light, air, priva-
cy and open space for each dwelling, com-
mensurate with residential occupancy, and
to maintain the desirable residential quali-
ties of the district by establishing appropri-
ate site development standards. (Ord.
24(1s74) $ 3(B): Ord. B(1e73) S 23.100)
12-GE-2: PERMITTED USES: The follow-
ing uses shall be permitted in
the RC district:
12-6E-3
Multiple-family residential dwellings, includ-
ing attached or row dwellings and condo-
minium dwellings with no more than {our (4)
units in any new building.
Single-family residential dwellings.
TwoJamily residential dwellings. (Ord.
37(1e80) $5: Ord. 24(1e74) $3(B): Ord.
8(1e73) S 23.200)
12-6E-3: CONDITIONAL USES: The
following conditional uses shall
be permitted in the RC district, subject to
issuance ol a conditional use permit in
accordance with the provisions of chapter
16 of this title:
Bed and breakfast as lurther regulated by
section 12-14-18 of this title.
Dog kennel.
Funicutars, and other similar conveyances.
Home child daycare facility as further regu-
lated by section '12-14-12 of this title.
Private clubs.
Public buildings, grounds and facililies.
Public or private schools.
Public park and recreation facilities.
Public utility and public service uses.
CHAPTER 6
RESIDENTIAL DISTRICTS
ARTTCLE E. RESTDENTTAL CLUSTER (RC) D|STRICT
Town of Vail
August 2004
12-6E-8
date of final approval. lf the project is
to be develgped in stages, each stage
shall be commenced within one year
after the completion of the previous
stage. (Ord. 31(2001) $ 5: Ord.
16(1991) S 1: Ord. 1s(1979) $ 5: Ord.
50(1e78) S 18)
12-6E-9: SITE COVERAGE: Site cover-
age shall not exceed twenty five
percent (25%) of the total site area. (Ord.
17(1991) $ 3: Ord. 24(1974) $ 3(B): Ord.
8(1e73) $ 23.s07)
12-6E-10; LANDSCAPING AND SITE DE-
VELOPMENT: At least sixty
percent (60%) of each site shall be land-
scaped. (Ord. 24(1974) S 3(B): Ord.
8(1973) S 23.s09)
12-6E-11: PARKING: Off street parkinS
shall be Drovided in accordance
with chapter 10 of this title. No parking shall
be located in any required lront setback
area, excepl as may be specifically autho-
rized in accordance with chapter 17 of this
title. At least one parking space per dwell-
ing unit shall be located within the main
building or buildings or within an accessory
garage whenever the development is rea-
sonable and appropriate for the site and is
required by the design review board. (Ord.
24(1e74) $ 3(B): ord. 8(1973) $ 23.510)
12-6E-1 1
Town of Voil
Augusl 2004
/i
tz-tt-l
1 )-17-7.
t1-tt-o:
12-17-2
SECTION:
12-17-1: Purpose
12-17-2: Application Information Required
12-17-3: Fee
12-17-4: Hearing
12-17-5: Planning And Environmental
Commission Action
Criteria And Findings
Permit Approval And Etfect
Related Permits And
Requirements
Reasons For Seeking Variance: In
order to prevent or to lessen such
practical difficulties and unnecessary
physical hardships inconsislent with
the objectives of this title as would
result from strict or literal interpreta-
tion and enforcement, variances from
certain regulations may be granted. A
practical difficulty or unnecessary
physical hardship may result from the
size, shape, or dimensions of a site or the location of existing stiuctures
thereon; from topographic or physical
conditions on the site or in the imme-
diate vicinity; or from other physical
limitations, street locations or condi-
tions in the immediate vicinity. Cost or
inconvenience to the applicant of strict
or literal compliance with a regulation
shall not be a reason for granting a
variance.
B. Development Standards Exceoted:
Variances may be gfanted only with
respect t0 the development standards
prescribed lor each district, including . lot area and site. dimensions. sel-
backs, distances between buildings,
height, density control, building bulk
control, site coverage, usable open
ipace, landscaping and site deveiop-. ment, and parking and loading re-
quirements; or with respect to the 'provisions of chapter 11 of this title,
governing physical development on a'
site.
C. Use Regulations Not Affected: The
power to grant variances does not ' extend to. the use regulations pre-
scribed for each district because the
flexibility necessary to avoid results
inconsistent with the objectives of this
litle is provided by chapter 16,',Condi-
tional Use Permits", and by section
12-3-7,'Amendrnent' of this title.
(ord.8(1973) $ 1e.100)
12.17-2.. APPLICATION INFORMATION
REQUIRED: Apptication for a
variance shall be made upon a form provid.
ed by the administrator. The application
shall be supported by documents, maps,
. plans, and other material containing the
lollowing information :
A. Name and address of the owner
and/or applicant and a statement that
the applicant, if not the owner, has the
CHAPTER J7
VARTAN.CES i
Town of Vai!
December 2001
t1-tt-+
ed in accordance with subsections 12-3-6C
and D of rhis rirle. (ord. 8(1973) $ 19.400)
12-17-5: PLANNING AND ENVIRON-
MENTAL COMMISSION AC-
TION: Within twenty (20) days of .the clos-
ing of a public hearing on a variance appli-
cation, the planning and environmental
commission shall act an the application.
The commission may approve the applica-
tion as submitted or may approve the appli-
cation sublect to such modilications or
conditions as it deerns necessary to accom-
plish the purposes of this title, or the com-
mission may deny the application. A vari-
ance may be revocable, may be granted for
a limited time period, or may be granted
subject to such other conditions as the
commission may prescribe. (Ord. 8(1973)
$ 1e.500)
12-17-6: CRITERIA AND FINDINGS:
A. .Factors Enumerated: Before acting on
a variance application, the planning
and environmental commission shall
consider the following factors with
respect to the requested variance:
i. The relationship of the requested
variance to other existing or potential
uses and structures in the vicinity.
2. The degree to which relief from the
strict or literal interpretation and en-
forcement of a specified regulation is
necessary to achieve compatibility
and uniformity of treatment among
sites in the vicinity, or to attain the
objectives of this title without grant of
special privilege.
3. The effect of the requested vari-
ance on light and air, distribution of
t1-tt-o
population, transportation and lraffic
facilities, public facilities and utilities.
and public safety.
4. Such other factors and criteria as
the commission deems applicable to
the proposed variance.
Necessary Findings: The planning and
environmental iommission shall make
the following findings before granting
a variance:
1. That the granting of the variance
will not constitute a grant of special
privilege inconsistent with the limita-
tions on other properties classified in
the same district.
2. That the granting of the variance
will not be .detrimental to the public
heaith, salety, or welfare, or niaterially
injurious to properties or improve-
ments in the vicinity.
3. That the variance is warranted for
one or more of the following reasons:
a. The strict or literal interpretation
and enforcement of the specified reg-
ulation would result in practical diffi-
culty or unnecessary physical hard-
ship inconsistent with the objectives of .
this title.
b. There are exceptional or extraor-
din ary circumstances or conditions
applicable to the site of the variance
that do not apply generally to other
properties in the same zone.
c. The strict or literal interpretation
and enforcement of the specified reg-
ulation would deprive the applicant of
privileges enjoyed by the owners of
FI
Town of Vail
December 2001
't2-18-1
SECTION:
12-18-1: Purpose
12-18-2: Continuance
12-18-3: Sites
12-18-4: Uses
12-18-5: Structure And Site lmprovemenl
12-18-6: Maintenance And Repairs
12-18-7:. Diseontinuance
12-18-8: Change Of Use
12-18-9: Restoration
12-18-1 : PURPOSE: This chaoler is in-
tended to limit the number and
extent of nonconforming uses and struc-
tures by prohibiting or limiting their enlarge-
ment, their reestablishment after abandon-
ment, and their restoration after substantial
destruction. While permitting nonconforming
uses, structures, and improvements to
continue, this chapter is intended to limit
enlargement, alteration, restoration, or
replacement which would increase the dis-
crepancy between existing conditions and
the development standards prescribed by
rhis tiile. (ord. 8(1973) g 20.100)
1 2-1 8-2: CONTINUANCE: Nonconformiig
sites, uses, structures, and site
improvem'ents lawfully established prior to
the etfective date hereof may continue,
subject to the limitations prescribed in this
chapter. Sites, uses, structures, and site
improvements lawfully authorized by per-
mils or regulations exisiing prior to the
etlective date hereof may continue, subject
r z- t6-3
to such limitations as prescribed by such permits or regulations. (Ord. S(i979)
s 20.200)
12-18-3: SITES: Sites lawfully established
pursuant to regulations in effect
prior to the effective date hereof which do
nol conform lo the minimum lot area and
dimension requirements prescribed by this
title for the district in which they are situat-
ed may be continued and shall be deemed
legally established building sites, subject to
the site development standards prescribed
by this title. No such site shall be further re-
duced in area or dimensions. (Ord. 8(1973)
$ 20.300)
12-18-4: USES: The use of a site or struc-
ture lawfully established prior to
the effective date hereof which does not
conform to the use regulations prescribed
by this title for the district in which it is
situated may be continued, provided that no
such nonconforming use shall be enlarged
to occupy a greater site area or building
floor area than it occupied on the effective
dale hereof. Any subsequent reduction in
site area or floor area occupied by a non-
conforming use shall be deemed a new
limitation, and the use shall not thereafter
be enlarged to occupy a greater site area or
floor area than such new limitation. (Ord.
5(2001)$ 5: Ord. 8(1e73) S 20.400)
12.18.5: STRUCTURE AND SITE IM.
PROVEMENT: Structures and
(.
CHAPTER 18
NONCONFORMING SITES, USES, STRUCTURES
AND SITE IMPBOVEMENTS
Town of Voil
December 2001
t1-ta-6
council shall determine that the proposed
use does not increase or aggravate the
degree of nonconformity existing prior to
any such change of use. (Ord. 8(1973)
s 20.800)
12-18-9: RESTORATION: Whenever a
nonconforming use which does
not conform with the regulations for the
district in which it is located, or a noncon-
forming structure or site improvement which
does not conform with the requirements for
setbacks, height, density control, building
bulk control or site coverage is destroyed
by fire or other .calahrity, by act of God or
by the public enemy, its use may be re-
surned or the structure may be restored,
provided the restoration is commenced
within one year and diligently pursued to
completion. All new construction must con-
form to the applicable adopted building
codes, fire codes and other relevant codes
regarding safety and construction which are
in effect at the time rebuilding is proposed.
(Ord. 31(2001) $ 12: Ord. 39(1982) g 1:
Ord.35(1981)S 1: Ord.8(1973) $ 20.900)
12-18-9
Town of VaiI
February 2002
12-21-1 12-21-2
CHAPTER 21
HAZARD REGULATIONS
SECTION:
12-21- 1i Purpose
12-21- 2; Definitions
12-21- 3i Master Hazard Plans
12-21- 4: Approval Of Master Plans
12-21- 5: Town Manager Accumulate
lnformation
12-21- 6: Supplemental Studies By
Applicant
12-21- 7: Report To Town Council
12-21- 8i lnterpretation
12-21- 9i Disclaimer Of Liability
1 2-21 -1 O: Development Bestricted
12-21-11i Flood Hazard Zones And Flood
Hazard Studies
12-21-12: lmprovements On
12-21-13:
12-21-14:.
12-21-15:
Nonconforming Structures
Duties Of Administrator
Restrictions ln Soeciiic Zones
On Excessive Slopes
Resirictions In Geologically
ues and natural resources of the Town,
which are sometimes associated with flood
plains, avalanche areas and areas of geo-
logical sensitivity and slopes; to minimize
damage to public lacilities and utilities and
minimize the need for relief in cleanup op-
erations; to give notice to the public of
certain areas within the Town where llood
plains, avalanche areas and areaS'ol geo-
logic sensitivity exist; and to promote the
general public health, salety and welfare.
(ord.5(1s85)$ 1: ord. 12(1e78) S 4)
12-21-2:
tained in
lows:
DEFINITIONS: For the purposes
ol this Chapter, the words con-
this Section are defined as fol-
BLUE HAZARD AVALANCHE AREA: An
area impacted by a snow producing a total
static and dynamic pressure less than six
hundred (600) pounds per square foot on a
flat su rtace normal to the llow and/or a
return interval in excess of twenty five (25)
yea rs.
FLOOD HAZARD ZONE: That area covered
by the base flood. The base flood area is
any numbered A, AO, AH, or area of
10O-year shallow flooding indicated on the
Flood Insurance Bate Map, associated work ..
maps, and Flood Insurance Study, The
flood hazard zone is also any area indicat-
ed as 'flood plain" as defined by the Gore
Creek Flood Plain Information Report,
1975, as designated in Section 12-21-11 ot
this Chapter.
Sensitive Areas
12-21-16i Right Of Appeal
12-21-17: Requirernent Of Bond
12-21-1: PURPOSE: The purpose of this
Chapter is to help protect the
inhabitants of the Town from dangers relat-
ing to development of flood plains, ava-
lanche paths, steep slopes a.nd geologically
sensitive areas; to regulate the use of land
areas which may be subject to flooding and
avalanche or which may be geologically
sensitive; and further to regulate develop-
ment on steep slopes; to protect the eco-
.nomic and property values of theJ6pp,lo----.--
protect the aesthetic and recreational val:
'I
Town of Vail
12-21-4
12-21-4: APPROVAL oF MASTER
PLANS: The master hazard
plans shall not be considered to be official .
hazard master plans of the Town until and
unless the Town Council adopts the same,
by motion. No substantial modification of
the master hazard plan shall be made un-
less it is first approved by the Town Council
in a similar manner. As soon as the master
hazard plans are adopted, or portions
thereof are adopted, a copy of it shall be
placed on file in the olfice of the Town
Clerk, where it may be inspected by any
interested party during normal business
hours. (Ord. 12(1978) S 4)
12-21-5: TOWN MANAGER ACCUMU-
LATE INFORMATION: The
Town Manager, with the advice and approv-
al of the Planning and Environmental Com-
mission, shall continue to study and accu-
mulate in{ormation as to hazard areas.
When additional information is available, it
shall be reviewed by the Planning and Envi-
ronmental Commission and added to the
master hazard plans. (Ord. 12(1978) $ 4)
12-21-6: SUPPLEMENTAL STUDIES BY
APPLICANT: lf an application is
made to build in an identified avalanche
hazard zone of influence or modilication to
the llood plain, the Administrator may re-
quire the applicant io conduct supplemental
studies as specified in this Chapter. The
information submitted by the applicant fol-
lowing completion of said studies shall be
viewed by the Town staff and the Planning
and Environmental Commission and may be
added to the master hazard plans. (Ord.
12(1e78) S 4)
12-21-7: REPORT TO TOWN-COUNCII:.--,-
The Town Manager shall report
12-21-10
to the Town Council not less than once
each year on any additions that have been
made to the master hazard plan. (Ord.
12(1s78)S 4)
,
12-21-8: INTERPRETATION: The provi.
sions of this Chapter shall be
deemed to be minimum requirements. Noth-
ing herein shall impair the obligations ol or
interfere with private agreements in excess
of the minimum requirements. Where this
Chapter imposes a restriction different trom
that imposed by other applicable provisions
of law, contract, or deed, the more restric-
tive provision shall control. (Ord. 5(1985)
s3)
12.2"1-9i DISCLAIMER OF LIABILITY:
This Chapter is based on scien-
tific and engineering considerations -which
are continually being developed. Compli-
ance with the provisions herein cannot
insure freedom trom risk to life, safety or
property. This Section shall not create lia-
bility on the part of the Town or any otficer
or employee thereof Ior any damage that
may result trom reliance on this Chapter, or
any administrative decision lawfully made
hereunder, The designation of certain areas
as hazard areas or geologically sensitive
areas pursuant to maps incorporated into
this Section does not imply in any way that
areas not so designated are free irom all
risk to life, safety or property. (Ord. 5(1985)
54)
12-21 -1 O'. DEVqT.OPMENT RESTRICTED:
A. No structure shall be built in any flood
hazard zone or red avalanche hazard
area. No structure shall be built on a
slope ol forty percent (40%) or greater
except in Single-Family Residential,
(
Town of Vd.il
12-21-12
B. Application; Contents: Applications lor
the substantial improvement for struc-
tures shall include the following:
1. Engineered drawings and specifica-
tions sufficient to illustrate that the
proposed structure will be anchored to
prevent flotation, collapse or lateral
movement during a base flood event.
Such drawings shall bear the stamp of
a registered, prof essional engineer.
2. Floor plans and elevations illustrat-
ing that the lowest tloor elevations
including basement, of the structure
shall be elevated to at least one toot
(1') above the base flood elevation.
3. Before a temporary certificate of
occupancy is issqed f,or a substantially
improved structure, an improvement
location certificate shall be obtained
illustrating structure location in rela-
tion to property boundaries, building
dimensions, all utility service lines as
bu ilt, easements, lowest floor eleva-
. tion, and root ridge elevation. The
improvement location certificate shall
bear the stamp of a registered, profes-
sional surveyor. (Ord. 16(1983) S 1)
12-21-13: DUTIES OF ADMINISTRATOR:
The duties of the Administrator
shall be to:
A. Review all building permit applications
to ensure that the requirements of this
Chapter have been satisiied.
B. Review improvement location certifi-
cates lor substantially improved struc-
tures to ensure that the lowest floor
elevation has been elevated to one
toot (1') above the base flood eleva-
tion.
12-21-14
C. Submit an annual report to the Feder-
al Emergency Management Agency
concerning flood hazard zone man-
agement and development activity.
(ord. 16(1e83) S 1)
12-21-14: RESTRICTIONS IN SPECIF.IC
ZONES ON EXCESSIVE
SLOPES: The lollowing additional special
restrictions or requirements shall apply to
development on any lot in a Hillside Resi-
dential, Single-Family Residential, Two-
Family Residential or Two-Family Prima-
ry/Secondary Residential Zone District
where the average slope ol the site beneath
the existing or proposed structure and park-
ing area is in excess of thirty percent
(30%):
A. A soil and ioundation investigation,
. prepared by and bearing the seal of a
registered professional engineer shall
be required.
B. Foundations must be designated and
bear the seal of a registered pro{es-
sional engineer.
C. A topographic suryey prepared by a
registered surveyor, with contour in-
tervals of not more than two teet (2'),
shall be required.
D. Structures must be designed by a
licensed architect.
E. Site coverage as it pertains to this
Chapter, as permitted by Sections
12-6A-9, 12-68-9 and 12-6C-9 of this
Title, is amended as lollows:
1. Not more than fifteen percent (15%)
of the site area may be covered by
buildings; and
Town of Vail