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HomeMy WebLinkAbout2007-26 Approving the Sale of Property in the Town of Vail Described as Unit 11, Vail Heights Condominium, Also Known As 2079 Chamonix Lane Vail, Colorado 81657 ORDINANCE NO. 26 Series of 2007 AN ORDINANCE APPROVING THE SALE OF PROPERTY IN THE TOWN OF VAIL DESCRIBED AS UNIT 11, VAIL HEIGHTS CONDOMINIUM, ALSO KNOWN AS 2079 CHAMONIX LANE, VAIL, COLORADO 81657; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the `Town''), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the On May 29, 2007, the Town of Vail purchased real property described as Condominium Unit 11, Vail Heights Condominiums, according to the condominium map thereof recorded May 15, 1973, in book 229 at page 132 and as defined in Condominium Declaration recorded May 15, 1973, in book 229 at page 131, County of Eagle, State of Colorado (the "Property"); and WHEREAS, the Property was purchased for $280,000.00 with the purpose of adding inventory to the Town's housing stock for its employees, and it is intended to be sold with an approved deed restriction, at a deed restricted price of $174,500.00. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The sale of the Property is hereby approved by the Council at the deed restricted price of $174,500.00. The Town Manager and Town staff are hereby authorized to execute, on behalf of the Town, an agreement to sell the Property and to take whatever steps are necessary to complete the sale of the Property. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not 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 j Ordinance No. 26, Series 2007 the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21St day of August, 2007, and a public hearing for second reading of this Ordinance set for the 4tn day of September, 2007, at 6:00 P.M. in the Council Chambers of the V ' al Building, Vail, Colorado. 4~N ,DicL .,-y • ~~l e • y%`~L ~ ~ Rodney E. Slifer, Mayor - ~ - ~ „ Lpr~ei Do aldson, Tov~n Clerk READ AND APPROVED ON SECOND R ¢ ~ D ORDERED PUBLISHED IN FULL this 4tn day of September, 2007. ••••:ql ~ r ~ • ti ~ A~ R ney E. Slifer, Mayor 'S~ ATTE _ ~ 4,.erFelei D naldson, Town Clerk Ordinance No. 26, Series 2007 ORDINANCE NO. i 2110 ~ s~ol~ AN ORDINANCE APPROYING THE SALE OF PROPERTY IN THE TOWN OF VAII DE- Sa,r,.uc,. AS UNIT 11, YAII HEIGHTS CONDO- PROOF OF PUBLICATION MINIUM, ALSO KNOWN AS 2079 CHAMONIX LANE, PAIL, COLORADO 81657; AND SETTING STATE OF COLORADO } FORTH DETAILS INAEGARD,,,cnc.r]. WHEREAS, the Town of Vail (the "Town"), in the .S.S. County of Eagle and State of Colorado is a home COUNTY OF EAGLE } rule municipal corporation duly organized and ex- isting under the laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council') have been duly elected I, Steve Pope, do solemnly swear that I am a qualified representative of the of EaDlel St teaof Colorado, and has a and qual'rfied; and Daily newspaper printed, in whole or in part and published in the County g purchased real property described as Condomini- genera] circulation therein; that said newsp f ergo onsecut vex weeks next prioryto the fir t p blication of the ~u~~~, va~ci~e gn s co~ m;n ~msWaeeo<d~ ing to the condominium map thereof recorded May County of Eagle for a period of more than fi ty in Condominium Declaration recorded May 15, annexed legal notice or advertisement and that said newspaper has published the requested legal notice and 197397n book 229 a9page 931 County of Ea1g ea State of Colorado (the'Property'); antl advertisement as requested. r WHEREAS, the Property was purchased for $280,000.00 with the u ose of addin mvento to the Town's housing stock for its employees, and The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado s it is intended to be so d wph an approved deed re- striction, at a deed restricted price of $174,500.00. Home Rule provision. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COL- ORADO,THAT: That the annexed legal notice or advertisement was published in the regular and entire issue of every number o Section f.The sale of the Property is hereby ap- proved by the Council at the deed restricted price said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was m of $174,500.00. The Town Manager and Town staff are hereby authorized to execute, on behalf of the Town, an 4y.~o.,,eM to sell the Property and to the issue of said newspaper dated 9/8/2007 and that the last publication of said notice was in the issue of sai take whatever steps are necessary to complete the sale of the Property. newspaper dated 9/8/2007. Section 2.If any part, section, subsection, sen- tence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not i effect the validity of the remaining portions of this IT) witness whereof has here unto set my ~ his th day of September, 2047 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 ~fi~' parts, sections, subsections, sentences, clauses or phrases be declared invalid. Publisher/General Manager/Editor cuecilon 3.The Town Council hereby finds, deter- mines and declares that this ordinance is neces- th sary and proper for the health, safety and wehare of the Town of Vad and the inhatMants thereof. Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 14 ay INTRODUCED, READ ON FIRST READING, AP- PROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of Au- of September, 2007. gust, 2007, and a public hearing for second read- esq.( ing of this Ordinance set for the 4th day of Sep- ~ ~ d !ember, 2007, at 6:00 P.M. in the Councrl Chambers of the Vail Municipal Building, Vail, Col- orado. Pamela Joan Schu Z Rodney E. Shier, Mayor w ` Note Public ArrESr: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 4th day; of September, 2007. ~ My Commission expires: November i, 2007 Rodney E. 51'rfer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Published in the Vail Daily September 8, 2007. (627355) 2109 ~ • 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 9/8/2007 and that the last publication of said notice was in the issue of said newspaper dated 9/8/2007. In witness whereof has here unto set my hapcJ is 14 `day of September, 2007 ublisher/General Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 14"'day I'~ of September, 2007. ~mela Joan Schultz Notary Public My Commission expires: November 1, 2007 -gage C4ti. -Saturday, September 8, 2007 THE VAIL DAILY 970.949.05;. r vaildaily.com a. ORDINANCE NO. 27 SERIES OF 2007 VL -y (GRADING STANDARDS ORDINANCE) - - ORDINANCE 27, SERIES OF 2007, AN ORDINANCE TO AMEND CHAPTER 14-2, DEFINTIONS, VAIL TOWN CODE, TO PROVIDE DEFINITIONS - t~. ,F FOR TERMS OF ART, AND TO CHAPTER 14-6, GRADING STgNDARDS, VAIL TOWN CODE, FOR PROPOSED CHgNGES TO THE GRADING STANDAROSr AND SE'CTSNG FORTH DETAILS IN REGARD THERETO. WHEREAS the Planning antl Environmental C 'on of the Tnwn of Va'I has held a public hearing on the proposed amentlments -n accordance wiM - ~ the provisions Ot the Vait Town Code of the TO t V d t and 3t r'=~ r q ' WHEREAS, the Planning and Environmental C of tho Town Of Vaii has Yecommended approval of these amendments at [s Augu5127 2007 meeting antl has submitted its recommentlat t !h Vail Town CounF I- and F WHEREAS the Planting antl Env ronmental C mmiss on finds [hat [he proposetl amendments are consistent w th the applicable elements of the atloptetl .-i p goals, objectives and policies outlined in the Vail Comprenensive Plan antl are cpmpaUble w Ih the development object veS of the Town and r WHEREAS the Plano ng antl Env ronmental Commiss on finds that the proposed amendments further the general purpose of Title 14 the Development 1 f ~ ~ - Standards Handbook, and WHEREAS, the Planning antl Environmental Commission finds Iha[ the proposetl amendments promote Me health, safety, morals, and general welfare of r~ryff, the Town and promote the coordinated antl hatmomous dpvetopment Ot Me Town in a manner that conserves and enhances its natural environment and - rts established character as a resort and residential community of the Highest quality-, and _ - WHERFIS, the Va I Sown Counc I cons tlers'[ in the interest of the pub(c health safety and welfare to atlept these amentlments to the Town Gode NOW. THEREFORE. BE IT ORDAINED RV THE TOWN COUNCIL OF THE TOWN OF VAIL COLORADO THAT ~'I ' Section 1. The purpose of th's grading standards ord Hance 5 t0 Clarity text arW a\bw for flezibiliry in grading requirements In the Va 1 Town Code. (T¢xi that is to be deleted IS sMeken. Text that's to be added is bold sect ons of text mat are not amended may be ommed) - Section 2- Section 14-2-t is hereby amended to add tfi¢ fonowing: _ _ 14 2 1- Defin't ons o/ Words and Terms: OSHA: Occupational Safely and Heahh Admmistrahon. A regulatory office of the US Department of Labor. ?ia d~~ LL t, Section 3. Section 14 6-1 is hereby amended as follows • • • 9. 14-6 1 General Standards' - This section provides a summary of grading standards within the Town of Vail. All grading is subject to design review to determine comDa[• ibility with existing topography. to review the extent of existing vegetation removal antl to preserve Sigpificant features on the site. The admin- istrator may require gretling plans to be stampetl by a Coloratld Professional Engineer (PE). All temporary grading sha111x in compliance with currently atlopt¢d OSHA siandartls. All permanent finished grades shall be at a maximum - 2:1 (Horizontal: Vertical), unless otherwise approved by the Administrator and providing that no gretling exceeds 1;1 and that any grading steeper than 2:1 (H: V) is designed antl stampetl by a Coloredo Professional Engineer. n ~ e ,.3'ai-lhe3e+vn-el--bail--AN-gret.. ~ _ _ _ seerdi~ _ - - - ¢gmpatibHkt.{„ _ _ _....,....~-._~~y...r.. r. sicxisting-eege.~.._.. _ _ ~ - - ~ _ _ srtr I~ ~ i I;I Imo. .,"r ~ ! 1 I ? ~S WHAT YOU SEE WHEN YOU SELL YOUR AUTO l.a:i-3:3 t . ~ ~ ~ 4 PLACE YOUR AUTO PHOTO AD TODAY. . Section 4. Section 14-6-2 is hereby amended as tollOws_ Grading around existing vegetation 10 be preserved on site snail be outside the cntical root zone, unless otnerwise approved by the tlesign review bbartl. °62 E%ISTINGVEGETATI°" VAIL DAILI~ CLASSIFIEDS ' The critical root zone may be defined as a radius equal to ~ toot for each inch of caliper measured 1 foot above the natural grade, or as defined py a qualified arborist or landscape architect. A tree preservation plan rlevelopr>d by a qualified arborist may t>e regdifed by tho Administrator. ~ ~ ~ s- r i ~ r~ 845-9937 ~ Section 5. Section 14 6-6 is hereby amended as follows: - 14-6-6 FLOODPLAIN STANDARDS. All Otl t t n g adng or' t II ton of p P d imp is w ih th 100-y tl dpla n hall be in ac tl ce with 5 L 12 21 11 of this . . Cod _ . ~He ~6 _ ~n1H _ ~rw~HaatP Z m - - - ~ - ~ class iedsC~~aildai co Section 6. If any part. section. subsection, sentence. clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not ~~I effect the validity o/ [he remaining podions pl this ordinance; and Me Tuwn Council hereby tleclare5 It would have passetl Mis ordinance, antl each part, ~ 4 - ection, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 7. The Town Council hereby finds, determines and declares mat this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and [he inhabnant5 Hereof. Section 8. The amendment of any provision of the Town Cotle as provided in [his ordinance shall not affect any right which has accrued, any duty mposed, any violation Mat occurred prior to me effective tla[e hereol, any pmsecLLtion <Ommenced, nor any other action or prOCefdmg as commenced under or by vidue of the provision amendetl. The amendment of any provision hereby shall no[ revive any provision or any ordinance previously repealed supersetletl unless expressly stated herein. Section 9. Atl bylaws, orders, resolutions antl ordinances, or parts lhereoi, inconsistent herewiM are repealod to the extent only of such inconsistency. _ This repeals: shall not be construed to revise any bylaw, order. resolution or ordinance. or part Mereo}, Meretobre repealed. " INTRODVCED, flFAD ON FIRST READING. APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST RFl DING Mis 4M tlay Ot Septem- ~ tier, 200], and a public hearing for second reading o1 MIS Ordinance set br Me 16th daV of September, 2007. at 6:00 P. M. in Me Cpimril r:hamMrs of fho - _ _ ~ 2112 ~ • 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 9/8/2007 and that the last publication of said notice was in the issue of said newspaper dated 9/8/2007. In witness whereof has here unto set m ~ r 14th day of September, 2007 / ~`p~l~sher/General Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 14~' day of September, 2007. `~amela Joan Schultz Notary Public My Commission expires: November 1, 2007 r THE VAIL"AILY 970.949.0555/vaildaily.com Saturday, September 8, 20U? -Page C~' ORDINANCE NO. 28 3. Individually listed on a state Inventory of historic places in states wRh historic preservation programs which SERIES OF 2007 have been approved by the Secretary of Interior; or (FLOODPLAIN HOUSEKEEPING ORDINANCE) 4. classified as historically significant per Chapter 10-2, Special Historic and Architectural Structures, Vail Town Code. ORDINANCE NO. 28, SERIES OF 2007, AN ORDINANCE TO AMEND CHAPTER 12-21, HAZARD REGULATIONS, VAIL TOWN LEVEE - A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound CODE, IN ORDER TO COMPLY WITH FEMA FLOODPLAIN REGULATIONS, AND TRLE 14, DEVELOPMENT STANDARDS engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. HANDBOOK, VAIL TOWN CODE, FOR CLARIFICATIONS TO DRIVEWAY AND PARKING STANDARDS, AND SETTING FORTH DETAILS IN REGARD THERETO. LEVEE SYSTEM - A flood protection system which consists of a levee, or ievces, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held a public hearing on the proposed amend- ments in accordance with the provisions of the Vail Town Code of the Town of Vail; and 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 WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval with modifications of considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of these amendments at its August 27, 2007 meeting, and has submitted its recommendation to the Vail Town Council; and the applicable non-elevation design requirement of Section 60.3 of the National Flood insurance Program regulations. WHEREAS, the Planning and Environmental Commission finds that [he proposed amendments are consistent with the applicable MEAN SEA LEVEL -For purposes of the National Flood Insurance Program, the elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the Bevel- National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's opment objectives of the Town; and Flood Insurance Rate Map are referenced. WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the general purpose of Title NEW CONSTRUCTION -For the purpose of determining insurance rates, structures for which the °start of construction" ' 14, the Development Standards Handbook; and commenced on or after the effective date of an initial FIRM, and includes any subsequent improvements to such struc- WHEREAS, the Planning and Environmental Commission finds that the proposed amendments promote the health, safety, mor- tures. For floodplain management purposes, "new constmction" means structures for which the "start of construction" commenced on or after December 4, 2007, and includes any subsequent improvements to such structures. als, 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 ONE HUNDRED (100) YEAR FLOODPLAIN -See "Flood Hazard Zone" above. quality; and RECREATIONAL VEHICLE - A vehicle which is: WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to 1 built on a single chassis; the Town Code. 2. 400 square feet or less when measured at the largest horizontal projections; 3. designed to be self-propelled or permanently towable by a light duty truck; and NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: q designed primari6y not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use Section 1. The purpose of this floodplain housekeeping ordinance is to come into compliance with Federal Emergency Manage- START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier ment Agency regulations, and to clarify parking and driveway standards in order to meet generally accepted engineering standards. Resources Act (Pub. L. 97-348)), includes substantial improvement and means the date the building permit was issued, (Text that is to be deleted is stricken. Text that is to be added is bold. Sections of text that are not amended may be omitted.) provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement Section 2. Section 12-2-2 is hereby amended as follows: was within 180 days of the permit date. The actual start means either the first pls.=-..:..: 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 12-2-2: DEFINITIONS OF WORDS AND TERMS: work beyond the stage of excavation; or the pia.>...:.._ of a manufactured home on a foundation. Permanent construo- FLOOD HAZARD ZONE:Thai-area-eevered-;,Y [I ;,ase-#1ea~~;,~ La~~ a,~o „ a, ~ lion does not include land preparation, such as chring, grading and filling; nor does it include the installation of streets 'y I' and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary i00-pear-s;, ileer::.,y .r,.i:;,~.~~ fl.;.;.i-ie;,_ . ..:ed-vaer#-,,,~y,~, o,,... ,,,.ir..a~ - deer} _ ~ - ' ~ forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied a•se-any a~~a a, "Heedr;,.;r," ~ -r Fl;,;,,i,a,::.: Ir.`s:.:::.::~,. F.;,;,o-', ',~--,~,'-~",-as as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means des,yna,~~c„ ~~etiet ~ .2 2t ~ 1 .,"-thistitie The land in the floodplain subject to a one percent or greater chance of flooding in the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed ratemak- external dimensions of the building. ing has been completed in preparation for publicatlo(t of the FIRM, Zone A usually is refined into Zones A, AE, AH, AO, Al-99, VO, V1-30, VE or V. SUBSTANTIAL DAMAGE - Dama of an on in sustained b a structure whereb the cost of restorin the strut 9e Y 9 Y Y g cure to FLOOD INSURANCE STUDY: The official report provided by the federal emergency management agency that includes flood its before damaged condition would equal or exceed 50 percent of the market value of the sfructure before the damage profiles and water surface elevation of the base flood as well as the Flood Boundary-Floodway Map. occurred. WATER SURFACE ELEVATION -The height, in relation to the National Geodetic Section 3. Section 12-2t -2 is hereby amended as follows: Vertical Datum NGVD of 1929 or other datum, where s ( ) ( pacified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. 12-21-2: DEFINITIONS: For the purposes of this chapter, the words contained in this section are defined as follows: Section 4. Section 12-21-10 is hereby amended as follows: ALLUVIAL FAN FLOODING -Flooding occurring on the surface of an alluvial fan or similar landform, which originates at 12-21-10: DEVELOPMENT RESTRICTED: the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and ~~--~-;,~_.1 ate-,n `y y _ r ~ d_ y „ t,~ t7r, ~I-..:.....,f._,.,:,,,., unpredictable flow paths. 3pphean. _ laedpL. „ a, n o, „ m , a, „ gred..y, . ~1..c „yam ~abmit-feF-reviews c „ro o.a[emenl:.... .,.,f....-- .-viHtel-..,,, :P.,`-this- {,1= c:,tal;I::.t. tt.~t Y._ -_.:rw°: ._1 __v=..-c='; =y_1f __~ie.., 7-., y..artti y.. ~d..='_.~. 6rd- APEX - A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan t~ er~e~eltY-°f f' becomes unpredictable and alluvial fan flooding can occur. ' `s 3fd-~2(1978}¢4j- AREA OF SHALLOW FLOODING - A designated AO, AH, or VO zone on a Section 5. Section 12-21-11 is hereby amended as follows: community's Flood Insurance Rate Map (FIRM) with a one peroent chance or greater annual chance of flooding to an aver- 12.21-11: FLOOD HAZARD ZONES AN8-FL~6Bf+A~iR.'i3 S~E:31E~ age depth of one to three feet where a clearly defined channel does not exist, where the path of flooding Is unpredictable seise; ;,~o,3-r~s-and-s<a-~_;,:~.,_:_.: ed-t:.. tl:„ T1.c, ~r~. and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. a ^o~ a a. _ . _ _ t- yV --:.l.-estkeileedinsa o, c ~ uuy u¢~_ BASE FLOOD -The flood havin a one ~ t_: 2, 138:, o,;, :,~,"ay-~,:.:~.-.:..:_d-ai..: o.;,,,,tedier the-ere-_ tf._ t- :`-Be,~~...:.,;. 1, 198 9 percent chance of being equaled or exceeded in any given yeas gThe mare 6ree1: Fl~..~plakrln`:.....~::.,n~97-" r , ; _ BASEMENT -Any area of the building having its floor subyrade (below ground level) on all sides. "°"'L" ' 8, 1 ' lion provided by the entire system would be compromised. ~ ~ - nooa conamons m spec~nc areas oy provrsrons aesrgnea ro: 1. Protect human life and freelth; t 2. Minimize expenditure of public money for costly flood con projects; DEVELOPMENT -Any man-made change in improved and unimproved real estate, including but not limped to buildings 3. Minimize the need for rescue and relief efforts associated flooding and generally undertaken at the or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or expense of the 1 a:.. public; materials. 4. Minimize prolonged business interruptions; ELEVATED BUILDING' Anon-basemertt building (i) built, in the case of a building in Zones A7-30, AE, A, A99, AO, AH, B, 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer C, X, and D, to have the to of the elevated floor, or in the case of a buildin rn Zones V7.90, VE, or V, to have the bottom of lines, streets and bridges located in floodplains; P 9 6. Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such' the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns a manner as to minimize future (food blight areas; (posts and piers), or shear walls parallel to the floor of the water and (ii) adequately anchored so as not to impair the 7 Insure that potential buyers are notified that property is in a float area. structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones At30, AE, g Insure that those who occupy the floodplain assume the responsibility for their actions; A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foundation g protect the natural areas required to convey flood flows and retain flow charecterfstics; and perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V130, 10. Obtain and maintain the benefits to the community of participating in the National Flood Insurance Program. 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 N the breakaway walls met the standards of Section 60.3(ex5) of g, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD: the National Flood Insurance Program regulations. The arces of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engirreer- EXISTING CONSTRUCTION -For the purposes of determining rates, structures for which the "start of construction" com- ing 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-Floodway Maps (FlRM and FBFM) and any menced before the effective date of the FIRM. "Existing construction" may also be referred to as "existing structures." revisions thereto are hereby adopted by reference and declared to be a part of this chapter. , FLOOD HAZARD ZONE: T:.,:.: eredfiy-the-bey _ ~ ~ - ~ C. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR: --~3ed-wafk~ps-and-fl--- ~-»d~ The Town Engineer or deal nee is hereby appointed the Floodpiain Administrelor to administer and implement the ovi- - -areaindieated-es'~I---r-.~:-".~., l: ~ ° . .:.Non- g ~ : sions of this chapter and other appropriate sections of 44 CFR (National Flood Insurence Program Regulations) pertain- , ` E7 1:.:Fthis-chapter. The land in the floodplain subject to a one percent or ing to floodplain mangy s:.. ,nt. greater chance of Nodding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed retemaking has been completed in preparation for publicetion of the FlRM, Zone A usually is refined D. DUTIES & RESPONSIBILITIES OF THE FLOODPUIlN ADMIN{STRATOR: into Zones A, AE, AH, AO, Al-99, Y0, Vt-30, VE or V. ~ Duties and responsibilities of the Floodplain Administrator shall include, but not Ne limited to the following: FLOOD OR FLOODING - A general and temporary condition of partial or complete 1. Maintain and hold open for public inspection all records pertaining to the provisions of this chapter. inundation of normally dry land areas from: 2. Review all permit applications to ensure that the requirements of this chapter have been satisfied and that 1. the overflow of inland or tidal waters. the proposed improvement will be reasonably safe from flooding. 2. the unusual and rapid accumulation or runoff of surface waters from any source. 3. Review; approve or deny floodplain use and modification permits to determine whether proposed improve manta meet the provisions of this chapter. FLDOD INSURANCE RATE MAP (FIRM] - An official map on 4, Review evidence prior to the issuance of a floodplain use permit that all necessary permits have been which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk obtained from those federal, state, or local government agencies from which prior approval is required. ~ premium zones applicable to the community. Conditional floodplain use permits may 6e issued contingent upon receipt of the above-mentioned agency permits. FLOOD INSURANCE STUDY: The official report provided by the federal emergency management agency that includes flood 5. Review and verify that no new habitable structure is constructed within the Nood hazard zone. profiles and water surface elevation of the base flood as well as the Flood Boundary-Floodway Map. S. Review and verity that a licensed professional engineer or professional lend surveyor certify the location of the 100 year floodplain on ail development applications that are adjacent to, or partially located within the FLOODPLAIN OR FLOOD-PRONE AREA -Any land arm susceptible to being inundated by water from any source (see 100 year floodpiain, that are proposing i ~ ,ants that may effect the Noadplain. definition of flooding). 7. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (tor example, where there appears to be a conflict between a mapped boundary and FLOODPLAIN MANAGEMENT -'the operation of an overall program of corrective and preventive measures for reducing actual field conditions) the Floodplain Administrator shall make the necessary interpretation. flood damage, including but not IirimKed to emergency preparedness plans, Hood control works and floodplain manage- g• Notify, in rfverine situations, adjacent communities and the Colorado Division of E...:. y... Management, ment regulations. prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal FLOOD PROTECTION SYSTEM -Those physical structural works for which funds have been authorized, appropriated, Em.. Mena,,: ,:Agency. and ex 9. Assure that the flood carrying capacity within any altered or relocated portion of any watercourse is main pended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas tained. within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system 10. When base Nood elevation data has not been provided in accordance with Subsection 12-2t-116, ttte Flood typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are plain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway those constructed in conformance with sound engineering standards. data available from Federal, State or other source, in order to administer the provisions of Subsection 12-21- 11 F. FLOOD PROOFING -Any combination of structural and non-structural additions, 1 f , When a regulatory floodway has not beer[ designated, the Floodplain Administrate must require that no new changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, construction, substantial impr. >...:nts, or other deve[.,. > .t (including fill) shall be permitted within Zones water and sanitary facilities, structures and their contents. Al-30 and AE on the community's FIRM, unless it is d:..... _~trated that the cumulative effect of the proposed development, when combined wtth all other existing and anticipated Bevel . , t, will not Increase the water FLOODWAY (REGULATORY FLOODWAY) -The channel of a river or other surface elevation of the base flood more than otte toot at any point within the community. watercourse and the adjacent land areas that must be reserved in order to discharge tfie base flood without cumulatively 12. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program increasing the water surface elevation more than a designated height. regulations, a community may approve devebpmeni in Zones A7-30, 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 FUNCTIONALLY DEPENDENT USE - A use which cannot perform its intended community first applies for a .......::y„nal FlRM revision through FEMA (Conditional Letter of Map Revision). purpose unless K is located or carried out in cbse proximity to water. The term includes only docking facilities, port faclli- ties that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, E, FLOOOPLAIN PERMITS but does not include long-term storage or related manufaMurfng facilities. 1. Floodplain Use Permit a. Purpose: The Floodplain Use Permit is a permit to allow temporary grading within the floodplain and allow for HIGHEST ADJACENT GRADE -The highest natural elevation of the ground surface prior to construction next to the necessary public infrastructure improvements within the floodplain. A Floodplain Use Permit may be issued under at proposed walls of a structure. ~ least one of ttte following conditions: HISTORIC STRUCTURE -Any structure that is: e1%r ~ 9 9~e arnaddinc ^idnmthngloodplain approved by the Floodplain Administrator, in which the stte is returned to ks 1. Listed individuail in the National Register of Historic Places (a listing maintained by the Department of (2) Utrlny consfructior?maintenance within the Floodplain approved by the Floodplain Administrator which is deemed to Y have an insignificant impact to the 100 Year Floodplain; L..:.:..:) or ~ ~ determined by the Secretary of the Interior as meeting the requi, s for individual (3) Streambank stabilizatlon within the floodplaln approved by the Floodplain Administrator and is deemed to have an listing on the National Register; insignHicant impact to the Fioodplain; 2. Certified or pref" r determined by the Secretary of the Interior as contributing to the historical (4) Public Infrastructure consiruetioNmaintenance approved by the Floodplafn Administrator including but not limited to significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as roads, bridges, . ~_.:b~on paths, walks, stream drop struMures, and stream erosion control measures which are deemed a registered historic district; Saturday, September 8, 2C a C43 THE VAf~:=,.:~1LY 970.949.0555/vaildaily.com ~ TABLE d 4: PARKING LOT DESIGN STANDARDS ?arr. hodzontal r.~, AUA Ytrom osMnxxlona b'ham obsbvctiorrs Arple of Mlnlmum A:dnkarmr Adnirraan f Som Nerbr read b b'trom buldlryp 10' Iroln blrFarrps I parking space Ona'way drive stab Twarvay drive ~ ParMrg Mad sl[e 8f[d dearanos structrasa ~B /Msbuc~rrs {e.g., 10° (para8ep 12' 2Y 9' x 24' BuerWaYR tress. retspWrp ~y e~.l 46° 4~ 14' 2Y 9'x t9'suRaoe {mod) 9'x 18'arrdased PerMrrp spaoa sOe 8'x 18'taY/ece See Tattle 4. See Taib/e 4. 6' x 16' (tp 10 25Y. d requited parfdng' tl x 18'erxinaed L'ansnadeUMYSlple- ComrrrarcleUMultlpre- in lots wah moos delve 15 pw•khg saeoes arM Fend'y Parilwtp Lot FamYy Parking Lot cfeady rreNkad K such) ~eraarda saandarda r narynr dearartce wr , paM~rg Sr8tx o6efance trfartgfe Fwwmak'. ~:.~.~.t 10' 1D',, :•n i~„~.larx 250' f0'.,~,.:~.~. Kerx 250' 80° 16' 24' 9'x 19'stYNca (DetaY3l Aarx2b0lderal la~eralwpwAASNTO kttiral~ 9'x18'errWsad ~Beckrvxd Marorxnt fb'x 250' ! . ~ ~ an a/gM easy-net•6?WgwW6en 8' x 4d' ~ (ep to 25% of tapt~ireal parMtg lateral wpsr'.AA81fT0 Ntlpras atyndrda tl sass.pata6Nfe fi bfs adlr more tlwe 15 parkig spaces and r,., .,,al~tt.,:..,•. ngerltrdaydro icamPlY/wpar dsartymaArodasaerdt) , •.,•tlnararedarae. Adsrkr.,.• {.wu AASrlrol." . .,"on rrter~+eaea~+aetorendoaedwrk><ta . M,,,~•••••„•. a~lao et'/pfrtdNfamcs 75' 22'18' 24' 9'x19'srafaes f,,,,~.~~~ ,.•.ba F iHaiFwi ft/fldaf~/r tl/opYNad 9'X 1d'9/tOID.9ed ' ; , br dr Adm/nrrba0or, s• x f s• {µo a 25% d rsQY4ed patfang ~1 w awkeswrleY, rn rata wart more loan 15 paw+dn9 sps~a and Badr-ad/Tiarneramd eras fY wrde Back-oud info rieMo!- saek.aR info q)prtor deadYmarked as s~trcf¢ (DetaX 7) 20' eeruerEVie radkra +esY prWrNlfed evaY ProhlbRsd T helg(v d.. • for eredosed oerlkw pealpnedfor3pokxtum alesa Tum-around area: Cartunrarounder~~: g0° 24' T4' 8'xf9'aYrAaoe 9'x f8'errdoaed - er er arasle k greeter 2D' cerNarune radnrs Zd csrtterrJne redlus 8' x 15 eorrtpari (w+ to T5% of repaired P~8 dean 120°: Designed Iar 3I,o'kx trim Deepned for 3 pokR ttrnt in bta wipe mss than 15 patkrg spaces and i - erNryangle k leas Bran 70°: a kaa or Jwa dearly marked as sudtf a aaJlactor, arterlel. Trudr tam-around area: T heMM dwnutos 1a andosed oarkina or „'ar street or Shell1>e dealgned m I Crossover 4817' J4 ]0' rata - beckoul eight trrangls trucks axtt des lonveN drtve stele rsqulromerx k not met ~ as defemrkred by tradlc ~I Drive stele 12' 22' rYa ' sngbesrbsaed on uses wdh 2ro?.o.!"d, no oariring Drfvewey Part {Oraktage) 4' aide carx;rete pan at edge of 4' wba rntrcrsfe parr M 8' wale concrMS parr at Mln. openlnp 12' TO' rda lDSlbdll) eaplydtfadlefillre4arlt ~dgedesphallforthe wigso/aspireltfurfhe ~ I foraparlung ddves'BYPavement sro4+di»p lull evkrft drNewey fuN sldlh drrwwaY If sHUdure relunes l•, „•...~~!atckedMp pevsmeM/ndudkp entrance realms returns Section 16. Section 14-5-2 is hereby amended as follows: Section 13. Section 14-3-2 is hereby amended as follows: t4-5-2: OTHER REQUIREMENTS: 14-3-2: 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 G. Aces curb cuts/pans Maintenance: All access curb cuts and/or driveway pans shall be maintained by the access way shall meet the standards included in this chapter (table 5 4). owner. Heaving, concrete degradation, cracking, etc... shall be repaired in a timely manner by the access owner. The Town K.Valet Parking: Valet parking shall be allowed, but shall not exceed fifty percent (50°ro) of the required parking on site. Valet parking may require the access owner to repair non-functioning or hazardous access curb cuts/pans within 30 days of notification shall be calculated utilizing an eight foot by eighteen foot (8' x t 8') parking space for each car (parallel spaces must be 9' x 20'). or the Town may complete the repair at the expense of the access owner. An invoice shall be sent to the owner and shall Cars may be parked tandem up to 4 cars deep in a vale[ lot stacked in a manner in which any vehicles that may have to be be paid within 30 days or a lien may be placed on the property. temporarily moved by a valet to gain access to another vehicle can t>e temporarily parked in a location that does not block H. Lantlscape and Other Improvements within or adjacent to the Rigttt of Way: All improvements and lantlscaping within public drive/pedestrian aisles or a designated parking space. or adjacent to the Right of Way shall be subject to Town of Vail approve! and shall require a revocable right of way permit M. Parking Structure Ramp Grades: Table 6 (below) outlines requirements for cross slope, ramp grade, and centerline to be recorded with Eagle County. The improvements shall adhere to the following guidelines (Table 3) unless otherwise grade break in parking structures. approved by the Administrator: TabN d: Parklt>p Seruown Ramo lrradr Tabs 3: /mororements And The Rltaht Ol War ' ParKing Bain n Ramp PaYa m~a t ~raxNnu(R~ ~ Jmproremelrt M)n. OKset from iN)n. Offset from ~ ~ ' - ,~~a ~ Edge of Publk Eeips of Publk PaawnBar VahNN arey-,-(~af~c~~~~ 1 t,nc eft road welk/psth and Internal m StrYCmlr I I Pasaanpar thhNN Dory 6% tMltaaNd 8Nr d% 8h ~perenn)s/s/annualal/stc°., i3' Z' I and ~ {~°O~ to 1t% i Rstsfn)rtg wa%h 3 ottror ii 14' 6' eomm«oNUL~oad/np s I me I unhaaNd 9x ~ ex Hart obsBrocBons 1 ~ ~ t7.Irtre/v Naaad 12% Witsr fistures, decks, patlos, ~ Not allowed )n Not sllowsd Irt P/rfdnp p'Irat1 slpns, snby dglfl Of-fVly t/q/!t-0f~'WaY Section 17. It any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such r decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have /aatlllaa. ~r passed this ordinance, all each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or l/~jrtaf COb6N )brad ditelrss more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Irlfj~0/1 ~ Qlltt ~ Z' o' Section 18. The Town Council hereby finds, determirtes and declares that this ordinance is necessary and proper for the health, satety and welfare of the Town of Vail and the inhabitants thereof. Section 14. Section 14-4-t is fiereby amended as follows: 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 the! occurred prior io the effective date hereof, any prosecution commenced, nor any other 14-4-t: MINIMUM STANDARDS: action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall This section (table 34) specifies residential fire department access standards for residential development. These standards are not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. subject to aR conditions and exceptions described herein. These standards shall be considered the minimum standards. When two (2) of more standards conflict, the more restrictive standard shall apply. Secton 20. All bylaws, orders, resohAions artd ordinances, or parts thereof, inconsistent herewith are repealed to the extent only TABLE 3 4 of such inconsistency. This repealer shall not be construed to revise env bylaw, order, resolution err ordinance. nr Hart rherFVtf occincnrner Hoc nGOenTnxctiT ecrGCC a7etinntana Section 15. Section 14-5-1 is hereby amended as follows: INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE kN FULL ON FIRST READING this 14-5-1: MINIMUM STANDARDS: This section table 5 4 s 4th day ofSeptember, 2007, and a public hearing for second reading of this Ordinance set for the 18th day of September, 2007, at ( ) pacifies the parking lot standards for all uses excluding residential uses 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. under three (3) units and including, but not limited to, commercial, retail, office, restaurant, institutional, hotel, accommodation, and multiple-family development. Ttlese standards are subject to all condttions and exceptions described herein. These standards shall Rodney E. Slicer, Mayor be considered the minimum standards. When two (2) or more standards conflict the more restrictive standard shall apply. gTTEST: Lorelei Donaldson, Town Clerk _ Published in the Vail Daily September 8, 2007 . w ,g„ ' tip'` ~r r 'E' r F ry 9 7r~ ~ n ~{4 ~`t t..n - n' . { ' - ~a' ~ 1+ 1S 1. I ~ ' • - y $ kr . + ~ ~ . a ~1'~.* 7 1 d ~ f~~~ ; Place your classified ad at anytime day or ,r ~ Y~~ ~ night, at YOUR convenience. . ; t vaildaily.com u n (click on the Place an ad link) * If you need special assistance, are placing a service directory, display or garage sale ad or would like to run your ad in increments other than 1, 2 or 4 weeks, please call clas- sifieds at 845-9937 or e-mail your ad to classifieds@vaildaily.com e I