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HomeMy WebLinkAboutPEC100021 deniedPlanning and Environmental Commisson ACTION FORM CoA A NTrOEVELOPMNT Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.vailgov.com Project Name: AMENDMENTS TO 250 ORDINANCE PEC Number: PEC100021 Project Description: Participants: AMENDMENTS TO TOWN OF VAIL CODE SECTION 12 -15 -5, ADDITIONAL GRFA (250 ORDINANCE) OWNER VAIL COLORADO MUNICIPAL BLDG 04/15/2010 75 S FRONTAGE RD VAIL CO 81657 APPLICANT VAIL COLORADO MUNICIPAL BLDG 04/15/2010 75 S FRONTAGE RD VAIL CO 81657 Project Address: 75 S FRONTAGE RD W VAIL Location: Legal Description: Lot: Block: Subdivision: UNPLATTED Parcel Number: 2101 - 064 - 0000 -3 Comments: DENIED BY TOWN COUNCIL ON 1st READING BOARD /STAFF ACTION Motion By: DALY Action: DENIED Second By: CLEVELAND Vote: 5 -1 -0 Date of Approval: Conditions: Planner: Bill Gibson PEC Fee Paid: $0.00 Iit' Squth Fr tags Y Amendment to District Boundaries (Rezoning) or Zoni i Ordinance Application for Review by the APR 2 2010 Planning and Environmental Commission General Information: An amendment of the zoning regulations or change in zone district b X AIL ated by the Town Council, by the Planning and Environmental Commission, by petition of any resident or property owner in the Town, or by the Administrator. Required criteria and findings for such petition are stated in Section 12 -3 -7C, Vail Town Code. Relevant sections of the Vail Town Code can be found on the Town's website at www.vailgov.com. The proposed project may also require other permits or applications and /or review by the Design Review Board and /or Town Council. Fee: $1300 Description of the Request: 4 A sad'y /&s- clr, w E &w Arm, W ornc, Physical Address: S r i 0 a A IQ-6( Parcel Number „ Z lo loc, 4��3 (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) �w++er: S:e.. Mailing Address: - 75 At. Vag! . Go $1657 Phone: 'Y'7 Zi73 Owner's Signature: Primary Contact/ Owner Representative: 9;(( �'�bs•M f Ca.."Ded Mailing Address: Sc�mr E -Mail: Fax: Phone: For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Auth # Check # Fee Paid: U6:ueJ Received From: MVA Meeting Date: PEC No.: �, gi Planner: -96 Project No: I!q Zoning: n1 /A Land Use: 12 JA Location of the Proposal: Lot: LVIN Block Subdivision: lolg 01- Jan -10 Vail Town Council Attachment: A ORDINANCE NO. 12 Series of 2010 ORDINANCE NO. 12, SERIES OF 2010, AN ORDINANCE AMENDING SECTION 12 -15 -5, ADDITIONAL GROSS RESIDENTIAL FLOOR AREA (250 ORDINANCE), VAIL TOWN CODE, TO ALLOW APPLICATIONS TO BE MADE FOR ADDITIONAL GRFA PRIOR TO ALL THE ALLOWABLE GRFA BEING CONSTRUCTED ON A PROPERTY, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12 -3 -7, Amendment, Vail Town Code, sets forth the procedures for amending the Town's Zoning Regulations; and WHEREAS, on April 12, 2010, the Town of Vail Planning and Environmental Commission initiated an application to amend the Town's Zoning Regulations, in accordance with the provisions of Section 12- 3 -7 -13, Initiation, Vail Town Code; and WHEREAS, the Town of Vail Planning and Environmental Commission held a public hearing on June 14, 2010, on the application to amend the Town's Zoning Regulations, in accordance with the provisions of the Vail Town Code; and WHEREAS, the Town of Vail Planning and Environmental Commission has forwarded a recommendation of approval to the Vail Town Council by a vote of 6 -0 -0 of the request to amend the Town's Zoning Regulations; and WHEREAS, the Vail Town Council finds and determines that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and, WHEREAS, the Vail Town Council finds and determines that the amendments further the general and specific purposes of the Town's Zoning Regulations; and, WHEREAS, the Vail Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1 . Section 12- 15 -5 -C, Single - Family Dwellings And Two - Family Dwellings In Zone Districts Other Than The Single - Family Residential (SFR), Two - Family Residential (R), And Two - Family Primary/Secondary Residential (PS) Districts, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stFikethFOU914 text that is to be added is bold, and sections of text that are not amended have been omitted) Applicability: No pooling of gross residential floor area shall be allowed in single - family or two- family dwelling units. No application for additional GRFA shall request more than two hundred fifty (250) square feet of gross residential floor area per single - family dwelling or two- family dwelling, Applications Ordinance No. 12, Series of 2010, first reading 1 for additional GRFA may be submitted before all the allowable GFRA has been constructed on the development site. SECTION 2 . Section 12- 15 -5 -D, Multi - Family Dwellings, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stFikethFeugh text that is to be added is bold, and sections of text that are not amended have been omitted) Applicability: The provisions of this section are applicable only to GRFA additions to individual dwelling units. No pooling of GRFA shall be allowed in multi - family dwellings. No application for additional GRFA shall request more than two hundred fifty (250) square feet of gross residential floor area per dwelling unit neF shall any When exterior additions are proposed to a multi - family structure, the addition of the GRFA shall be designed and developed in context of the entire structure. Applications for additional GRFA may be submitted before all the allowable GFRA has been constructed on the development site. SECTION 3. 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 Vail Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 4. The Vail 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. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. SECTION 5. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. SECTION 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7 th day of July, 2010 and a public hearing for second reading of this Ordinance set for the 21 day of July, 2010, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Richard D. Cleveland, Mayor Lorelei Donaldson, Town Clerk Ordinance No. 12, Series of 2010, first reading 2 Vail Town Council Attachment: B MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 14, 2010 SUBJECT: A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Section 12 -15 -5, Additional Gross Residential Floor Area (250 Ordinance), Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow applications to be made for additional GRFA prior to all the allowable GRFA being constructed on a property, and setting forth details in regard thereto. (PEC100021) Applicant: Town of Vail Planner: Bill Gibson I. SUMMARY A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Section 12 -15 -5, Additional Gross Residential Floor Area (250 Ordinance), Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow applications to be made for additional GRFA (gross residential floor area) prior to all the allowable GRFA being constructed on a property, and setting forth details in regard thereto. Based upon Staff's review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval subject to the findings noted in Section VI of this memorandum. II. DESCRIPTION OF REQUEST At the April 12, 2010, Planning and Environmental Commission's public hearing, the Commission initiated the request for a prescribed regulations amendment application to consider changes to the Town's 250 Ordinance regulations. The Commission requested that Town Code amendments be considered to allow applications for the construction of additions to existing residential dwelling unit utilizing the Additional GRFA 250 Ordinance provisions prior to all the allowable GRFA being constructed on the subject property. The proposed text amendments as they relate to single - family and two- family structures are as follows (text deleted is in stet #Mugh, text added is in bold, text not affected by this amendment has been omitted): 12- 15 -5-C: Single- Family Dwellings And Two - Family Dwellings In Zone Districts Other Than The Single- Family Residential (SFR), Two - Family Residential (R), And Two - Family Primary/Secondary Residential (PS) Districts: 6. Applicability: No pooling of gross residential floor area shall be allowed in single- family or two - family dwelling units. No application for additional GRFA shall request more than two hundred fifty (250) square feet of gross residential floor area per single- family dwelling or two- family dwelling— neF -shalf any allowable GRFA feF the pFi9peFty. Applications for additional GRFA may be submitted before all the allowable GFRA has been constructed on the property. The proposed text amendments as they relate to multiple - family structures are as follows (text deleted is in StF text added is in bold, text not affected by this amendment has been omitted): 12- 15 -5-D: Multi- Family Dwellings: Applicability: The provisions of this section are applicable only to GRFA additions to individual dwelling units. No pooling of GRFA shall be allowed in multi- family dwellings. No application for additional GRFA shall request more than two hundred fifty (250) square feet of gross residential floor area per dwelling unit -.FW agow-able GRFA has been GGnstrwGt9d OR the prope When exterior additions are proposed to a multi - family structure, the addition of the GRFA shall be designed and developed in context of the entire structure. Applications for additional GRFA may be submitted before all the allowable GFRA has been constructed on the property. I1. BACKGROUND The 250 Ordinance provision allows additional gross residential floor area (GRFA) to be constructed in excess of the GRFA limits prescribed by the various zone districts as an incentive for homeowners to upgrade their existing properties. The original 250 Ordinance regulations were adopted through Ordinance No. 4, Series of 1985, based upon the following: "WHEREAS, the Town of Vail Community Action Plan encourages the upgrading and remodeling of existing structures, and WHEREAS, the Town Council is of the belief that it would benefit the health, safety, and welfare of the Town of Vail to allow property owners to add up to an additional 250 square feet of Gross Residential Floor Area (GRFA) as an inducement for the upgrading of existing structures which are five years old or older." The original 250 Ordinance granted an additional 250 sq.ft. of GRFA to every dwelling unit existing for more than 5 years. To utilize this additional floor area, property owners were required to demonstrate compliance with a list of criteria including: compliance with the Town's other zoning regulations (or obtain a variance), existing garages would not be converted to GRFA unless a new garage was proposed, final certificates of occupancy had already been obtained for the existing structure, and the additional floor area would not be used to enclose deck and balconies in multi - family dwellings. 2 Ordinance No. 6, Series of 1995, an ordinance which precluded "demo /rebuild" projects from qualifying for the 250 Ordinance additional floor area, more thoroughly outlined the original intent of the 250 Ordinance as follows: "WHEREAS, prior to 1985 the Planning and Environmental Commission entertained many requests for GRFA variances for small additions to homes that provided primary residence; and WHEREAS, such applications were to improve the property and enhance its livability such as a mud room, an airlock, enlarging an existing room or adding a bathroom; and WHEREAS, much of the housing stock was originally built for vacation use and needed small improvements to be better adaptable to full time living; and WHEREAS, these dwelling units in many instances did not meet the Design Review Guidelines in regard to landscaping, paved driveways, paved parking areas and undergrounded utilities; and WHEREAS, it was apparent that the increase in GRFA would be offset by the enhancements to the property which resulted in a benefit to the Town by improving the housing stock; and WHEREAS, the Town Council has studied the effects of Chapter 18.71 in the Town of Vail as it has been applied, and WHEREAS, this examination has led the Town Council to find that there have been abuses of the additional GRFA process and that the original intent of the allowance of additional GRFA is not being met in the majority of the `250 additions', and WHEREAS, The Town Council finds that allowing a demo /rebuild to take advantage of an additional 250 square feet has not met the purpose and intention of the ordinance and does not prove to be an inducement for the upgrading of existing housing stock but rather simply confers a benefit upon an individual with no benefit being conferred upon the Town; and WHEREAS, Council finds it is inappropriate to allow an additional 250 square feet in the instance of a demo /rebuild where the same advantage is not provided to a parcel of land, or lot similarly situated that has never been developed." In addition from precluding demo /rebuild projects from utilizing the additional floor area provisions, Ordinance No. 6, Series of 1995, further clarified that applications for additional floor area could not be submitted "until such time as all allowable GRFA has been constructed on the property" and that any addition involving exterior changes to a building required Planning and Environmental Commission review. In 1997, the Town of Vail adopted the "Interior Conversion" provisions to supplement the 250 Ordinance by allowing property owners to "convert" interior spaces of an existing building to GRFA if that property had no remaining allowable GRFA by the limits prescribed in the various zone districts. In 2004, the Town of Vail revised the GRFA regulations in the Town's residential districts. The Planning and Environmental Commission recommended eliminating the 250 Ordinance and Interior Conversions in all residential districts. The Town Council chose to eliminate the 250 Ordinance and the Interior Conversion only in the lower density districts (Single Family, Two - Family, Two - Family Primary/Secondary). The allowable GRFA limits in these districts were adjusted to grant an increase in the allowable floor area equivalent to the 250 and an Interior Conversions. Today, existing individual dwelling units in the multi - family districts and the mixed -use commercial districts are still eligible to utilize the 250 Ordinance to construct new gross residential floor area (GRFA) beyond the limits prescribed in the district. As thoroughly discussed by both the Town Council and the Planning and Environmental Commission, the 2004 GRFA amendments did not simplify the Town's development review process. It was acknowledged that the code changes not only created multiple calculation methods, created new credits such as the "basement deduction ", but also rendered the Town's historic GRFA records worthless. It was acknowledged in 2004 that future new construction or remodel projects would be required to re- calculate their existing GRFA and could not defer to the Town's archives for this information. As required by the Town Code, all construction projects involving 250 Ordinance and Interior Conversion GRFA bonuses since 2004 have been required to complete this task. IV. APPLICABLE DOCUMENTS 12 -1 -2: PURPOSE: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 4 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. 12 -15 -1: PURPOSE: This chapter is intended to control and limit the size, bulk, and mass of residential structures within the town. Gross residential floor area (GRFA) regulation is an effective tool for limiting the size of residential structures and ensuring that residential structures are developed in an environmentally sensitive manner by allowing adequate air and light in residential areas and districts. 12 -15-5: ADDITIONAL GROSS RESIDENTIAL FLOOR AREA (250 ORDINANCE): A. Purpose: The purpose of this section is to provide an inducement for the upgrading of existing dwelling units which have been in existence within the town for a period of at least five (5) years by permitting the addition of up to two hundred fifty (250) square feet of gross residential floor area (GRFA) to such dwelling units, provided the criteria set forth in this section are met. This section does not assure each single- family or two - family dwelling unit located within the town an additional two hundred fifty (250) square feet, and proposals for any additions hereunder shall be reviewed closely with respect to site planning, impact on adjacent properties, and applicable town development standards. The two hundred fifty (250) square feet of additional gross residential floor area may be granted to existing single - family dwellings, existing two- family and existing multi - family dwelling units only once, but may be requested and granted in more than one increment of less than two hundred fifty (250) square feet. Upgrading of an existing dwelling unit under this section shall include additions thereto or renovations thereof, but a demo/rebuild shall not be included as being eligible for additional gross residential floor area. B. Applicability: The provisions of this section shall apply to dwelling units in all zone districts except the single - family residential (SFR), two- family residential (R), and two - family primary/secondary residential (PS) districts. C. Single - Family Dwellings And Two - Family Dwellings In Zone Districts Other Than The Single - Family Residential (SFR), Two - Family Residential (R), And Two - Family Primary/Secondary Residential (PS) Districts: A single- family or two- family dwelling unit shall be eligible for additional gross residential floor area (GRFA) not to exceed a maximum of two hundred fifty (250) square feet of GRFA in addition to the existing or allowable GRFA for the site. Before such additional GRFA can be granted, the single - family or two - family dwelling unit shall meet the following criteria: 1. Eligible Time Frame: A single - family or two- family dwelling unit shall be eligible for additional GRFA, pursuant to this section, if it is in existence prior to November 30, 1995, or a completed design review board application for the original construction of said unit has been accepted by the department of community development by November 30, 1995. In addition, at least five (5) years must have passed from the date the single- family dwelling or two- family dwelling unit was issued a certificate of occupancy (whether temporary or final) or, in the event a certificate of occupancy was not required for use of the dwelling at the time of completion, from the date of original completion and occupancy of the dwelling. 2. Use Of Additional Floor Space: Proposals for the utilization of the additional gross residential floor area (GRFA) under this provision shall comply with all town zoning requirements and applicable development standards. If a variance is required for a proposal, it shall be approved by the planning and environmental commission pursuant to chapter 17 of this title before an application is made in accordance with this section. The applicant must obtain a building permit within one year of final planning and environmental commission approval or the approval for additional GRFA shall be voided. 3. Garage Conversions: If any proposal provides for the conversion of a garage or enclosed parking area to GRFA, such conversion will not be allowed unless: a) either the conversion will not reduce the number of enclosed parking spaces below the number required by this code; or b) provision is made for creation of such additional enclosed parking spaces as may be required for the new total GRFA under this code. Plans for a new garage or enclosed parking area, if required, shall accompany the application under this section, and shall be constructed concurrently with the conversion. 4. Parking: Any increase in parking requirements as set forth in chapter 10 of this title due to any GRFA addition pursuant to this section shall be met by the applicant. 5. Conformity With Guidelines: All proposals under this section shall be required to conform to the design review guidelines set forth in chapter 11 of this title. A single - family or two- family dwelling unit for which an addition is proposed shall be required to meet the minimum town landscaping standards as set forth in chapter 11 of this title. Before any additional GRFA may be permitted in accordance with this section, the staff shall review the maintenance and upkeep of the existing single - family or two - family dwelling and site, including landscaping, to determine whether they comply with the design review guidelines. No temporary certificate of occupancy shall be issued for any expansion of GRFA pursuant to this section until all required improvements to the site and structure have been completed as required. 6. Applicability. No pooling of gross residential floor area shall be allowed in single - family or two- family dwelling units. No application for additional GRFA shall request more than two hundred fifty (250) square feet of gross residential floor area per single - family dwelling or two- family dwelling, nor shall any application be made for additional GRFA until such time as all the allowable GRFA has been constructed on the property, or an application is presently pending in conjunction with the application for additional GRFA that utilizes all allowable GRFA for the property. 7. One Time Grant: Any single - family or two- family dwelling unit which has previously been granted additional GRFA pursuant to this section and is demo /rebuild, shall be rebuilt without the additional GRFA as previously approved. no vo4f . s- 1 —a MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: July 6, 2010 SUBJECT: Ordinance No. 12, Series of 2010, an ordinance amending Section 12 -15 -5, Additional Gross Residential Floor Area (250 Ordinance), Vail Town Code, to allow applications to be made for additional GRFA prior to all the allowable GRFA being constructed on a property, and setting forth details in regard thereto. (PEC100021) Applicant: Town of Vail Planner: Bill Gibson DESCRIPTION OF THE REQUEST The applicant, Town of Vail, is requesting a first reading of Ordinance No. 12, Series of 2010, an ordinance amending Section 12 -15 -5, Additional Gross Residential Floor Area (250 Ordinance), Vail Town Code, to allow applications to be made for additional GRFA prior to all the allowable GRFA being constructed on a property, and setting forth details in regard thereto. Pursuant to Sub - section 12- 3 -7 -B, (Amendment) Initiation, Vail Town Code, amendments to the Town Code may be initiated by the Town Council, Planning and Environmental Commission, any resident or property owner, and the Administrator. At the April 12, 2010, Planning and Environmental Commission's public hearing, the Commission initiated the request for a prescribed regulations amendment application to consider changes to the Town's 250 Ordinance regulations. The Commission requested that Town Code amendments be considered to allow applications for the construction of additions to existing residential dwelling unit utilizing the Additional GRFA 250 Ordinance provisions prior to all the allowable GRFA being constructed on the subject property. The proposed text amendments as they relate to single - family and two- family structures are as follows (text deleted is in stF gh text added is in bold, text not affected by this amendment has been omitted): 12- 15 -5 -C: Single- Family Dwellings And Two - Family Dwellings In Zone Districts Other Than The Single- Family Residential (SFR), Two-Family Residential (R), And Two - Family Primary/Secondary Residential (PS) Districts: 6. Applicability: No pooling of gross residential floor area shall be allowed in single- family or two - family dwelling units. No application for additional GRFA shall request more than two hundred fifty (250) square feet of gross residential floor area per single- family dwelling or two- family dwelling, apphiGation be made for- additional GRFA unt# auGh t4ne as a# the a#owable Applications for additional GRFA may be submitted before all the allowable GFRA has been constructed on the property. Should the Vail Town Council choose to approve Ordinance No. 12, Series of 2010, on first reading, the Community Development Department recommends the Vail Town Council makes the following findings: "Based upon the review of the criteria outlined in Section V of Staffs June 14, 2010, memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " IV. ATTACHMENTS Attachment A: Ordinance No. 12, Series of 2010 Attachment B: June 14, 2010, Staff memorandum to the PEC Attachment C: June 14, 2010, PEC hearing results 4 B. Demo /Rebuild Not Eligible: Any single- family or two- family dwelling unit which is to be demo /rebuild shall not be eligible for additional GRFA_ 9. Nonconforming Structures And Site Improvements: Structures which do not conform to density controls shall be eligible for additional GRFA pursuant to this section. D. Multi - Family Dwellings: Any dwelling unit in a multi - family structure that meets allowable GRFA shall be eligible for additional gross residential floor area (GRFA) not to exceed a maximum of two hundred fifty (250) square feet of GRFA in addition to the existing or allowable GRFA for the site. Any application of such additional GRFA must meet the following criteria: 1. Eligible Time Frame: A multiple - family dwelling unit shall be eligible for additional GRFA, pursuant to this section, if it is in existence prior to November 30, 1995, or a completed design review board application for the original construction of said unit has been accepted by the department of community development by November 30, 1995. In addition, at least five (5) years must have passed from the date the building was issued a certificate of occupancy (whether temporary or final) or, in the event a certificate of occupancy was not required for use of the building at the time of completion, from the date of original completion and occupancy of the building. 2. Use Of Additional Floor Space: Proposals for the utilization of the additional GRFA under this provision shall comply with all town zoning requirements and applicable development standards. If a variance is required for a proposal, it shall be approved by the planning and environmental commission pursuant to chapter 17 of this title before an application is made in accordance with this section. The applicant must obtain a building permit within one year of final planning and environmental commission approval or the approval for additional GRFA shall be voided. 3. Parking Area Conversions: Portions of existing enclosed parking areas may be converted to GRFA under this section if there is no loss of existing enclosed parking spaces in said enclosed parking area. 4. Parking Requirements Observed: Any increase in parking requirements due to any GRFA addition pursuant to this section shall be met by the applicant. 5. Guideline Compliance; Review: All proposals under this section shall be reviewed for compliance with the design review guidelines as set forth in chapter 11 of this title. Existing properties for which additional GRFA is proposed shall be required to meet minimum town landscaping standards as set forth in chapter 11 of this title. General maintenance and upkeep of existing buildings and sites, including the multi - family dwellings, landscaping or site improvements (i.e., trash facilities, berming to screen surface parking, etc.) shall be reviewed by the staff after the application is made for conformance to said design review guidelines. No temporary certificate of occupancy shall be issued for any expansion of GRFA pursuant to this section until all required improvements to the multi - family dwelling site and building have been completed as required. 7 6. Condominium Association Submittal: An application for additional GRFA shall be made on behalf of each of the individual dwelling unit owners by the condominium association or similar governing body. 7. Applicability: The provisions of this section are applicable only to GRFA additions to individual dwelling units. No pooling of GRFA shall be allowed in multi- family dwellings. No application for additional GRFA shall request more than two hundred fifty (250) square feet of gross residential floor area per dwelling unit nor shall any application be made for additional GRFA until such time as all the allowable GRFA has been constructed on the property. When exterior additions are proposed to a multi- family structure, the addition of the GRFA shall be designed and developed in context of the entire structure. 8. Nontransferable To Demo /Rebuild: Any building which has previously been granted additional GRFA pursuant to this section and is demo /rebuild, shall be rebuilt without the additional GRFA as previously approved. 9. Demo /Rebuild Not Eligible: Any multiple- family structure or dwelling unit which is to be demo /rebuild shall not be eligible for additional GRFA. 10. Nonconforming Structures And Site Improvements: Structures which do not conform to density controls shall be eligible for additional GRFA pursuant to this section. E. Procedure: 1. Application; Content: Application shall be made on forms provided by the department of community development. If the property is owned in common (condominium association) or jointly with other property owners such as driveways or C parcels in duplex subdivisions, by way of example, and not limitation, the written approval of the other property owner, owners or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. The application shall also include: a. A fee pursuant to the current schedule shall be required with the application. b. Information and plans as set forth and required by subsection 12 -11 -4C of this title. c. Any other applicable information required by the department of community development to satisfy the criteria outlined in this section. 2. Hearing Set; Notice: Upon receipt of a completed application for additional GRFA, the design review board shall set a date for a hearing in accordance with subsection 12-11 - 4C2 of this title. The hearing shall be conducted in accordance with subsections 12-11 - 4C2 and C3 of this title. 3. Compliance Required: If the department of community development staff determines that the site for which additional GRFA is applied for pursuant to this section does not comply with minimum town landscaping or site standards as provided herein, the applicant will be required to bring the site into compliance with such standards before any such temporary or permanent certificate of occupancy will be issued for the additional GRFA added to the site. Before any building permit is issued, the applicant shall submit appropriate plans and materials indicating how the site will be brought into compliance with said town minimum standards, which plans and materials shall be reviewed by and approved by the department of community development. 4. Building Permit: Upon receiving the necessary approvals pursuant to this section, the applicant shall proceed with the securing of a building permit prior to beginning the construction of additional GRFA. V. REVIEW CRITERIA Before acting on an application for an amendment to the regulations prescribed in the Zoning Regulations, the Planning and Environmental Commission 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 As stated in Section 12 -15 -5, Additional Gross Residential Floor Area, Vail Town Code, the purpose of the 250 Ordinance is as follows: "The purpose of this section is to provide an inducement for the upgrading of existing dwelling units which have been in existence within the town for a period of at least five (5) years by permitting the addition of up to two hundred fifty (250) square feet of gross residential floor area (GRFA) to such dwelling units..." As proposed, the text amendments do not change the requirement that existing non- conforming properties must be upgraded to meet the Town's design review guidelines when the 250 Ordinance floor area is utilized. Whether the 250 Ordinance is utilized before or after the allowable GRFA has been constructed, the end result is the same. Therefore, Staff believes the proposed amendments are consistent with the purpose of the 250 Ordinance policy. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and As noted above, the purpose of the 250 Ordinance is to provide an incentive for the upgrading of existing dwelling units. Whether the 250 Ordinance is utilized before or after the allowable GRFA has been constructed, the end result of compliance with the design guidelines is the same. Today Section 12 -11 -3, Design Review, Vail Town Code, requires existing properties to upgrade into compliance with the Town's design guidelines when any addition of GRFA is constructed. However, this section of the Town Code also allows a one -time exemption from this requirement for residential additions no larger than 500 sq. ft. in GRFA. Since conformance with the design guidelines will be achieved sooner if the 250 Ordinance is utilized before the allowable GRFA is constructed, Staff believes the proposed amendment better implements the adopted 250 Ordinance policy. As described further in the criteria below, the time and costs associated with calculating the allowable GRFA in multiple - family developments has discouraged some homeowners from moving forward with plans to construct an addition to their residence. Staff believes the proposed text amendments remove this barrier to redevelopment and therefore better achieves the adopted goals of the 250 Ordinance. There are negatives associated with the implementation of the proposed text amendments. The proposed amendments do not eliminate the need for homeowners to re- calculate GRFA for existing multiple - family developments. Instead, the proposed amendments simply defer this requirement to a later date. The proposed amendments do not benefit multiple - family residential developments constructed after 1995, associations wishing to construct new dwelling units, or individual homeowners wishing to construct additions larger than 250 sq. ft. From an administrative perspective, the proposed text amendments both simplify and complicate the Town's development review process. The proposed amendments will simplify the process of determining homeowner eligibility to utilize the 250 Ordinance. However, allowing 250 Ordinance additions to be constructed prior to all the allowable GRFA being constructed further complicates the Town's property file record keeping. The proposed amendments will also complicate future determinations of collective development rights for those multiple - family developments were individual 250 Ordinance additions were constructed. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The Town of Vail has historically kept record of the allowed, constructed, and remaining GRFA for every residential property constructed under Town of Vail jurisdiction (GRFA records do not exist for some properties constructed under Eagle County jurisdiction prior to annexation). In 2004, Vail's GRFA regulations were amended. These amendments altered the methodology for calculating GRFA and the Town's historic GRFA records became null and void. It was acknowledged in 2004 that future residential addition projects would require a re- calculation of the allowed, constructed, and remaining GRFA. Homeowners can no longer rely upon the Town's archives for this GRFA information. Due to the complexity of the Town's GRFA calculation methodology, many multiple - family dwelling unit owners must hire architects, land surveyors, and other consultants to assist in re- calculating the GRFA for their properties. Depending upon the scale of the residential development, number of buildings, number of dwelling units, complexity of floor plans, the availability of accurate architectural drawings, the availability of an accurate topographic survey (necessary to calculate "basement deductions "), and other factors; the re- calculation of GRFA can be both time consuming and financially expensive. In some multiple - family developments these costs have been shared by the collective home owner's association. In other residential developments, the association has been unwilling to collectively participate in the re- calculation of GRFA and the costs have been the burden of the first individual owner wishing to construct an addition. In some circumstances, residential property owners have determined that re- calculating GRFA is cost prohibitive to them proceeding with the construction of an addition to their residence. 10 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The final build -out bulk and mass of multiple - family residential structures will be the same whether residential additions utilizing the 250 Ordinance are constructed before or after the allowable GRFA is constructed. Additionally, for multiple - family properties, there are few design review required upgrades associated with an individual unit's 250 Ordinance addition. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VI. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval Vail Town Council on prescribed regulation amendments to Section 12 -15 -5, Additional Gross Residential Floor Area (250 Ordinance), Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow applications to be made for additional GRFA prior to all the allowable GRFA being constructed on a property, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to forward a recommendation of approval of this request; Community Development Department recommends the Commission pass the following motion: " "Based upon a review of Section V of the Staff's June 14, 2010, memorandum to the Planning and Environmental Commission and the evidence and testimony presented, the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council on prescribed regulation amendments to Section 12 -15-5, Additional Gross Residential Floor Area (250 Ordinance), Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow applications to be made for additional GRFA prior to all the allowable GRFA being constructed on a property, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section V of Staff's June 14„ 2010, memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 11 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " 12 Vail Town Council Attachment: C PLANNING AND ENVIRONMENTAL COMMISSION June 14, 2010 1 . 1:OOpm 7t�ii�t�VAII. ' TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT Luke Cartin departed at 2:15pm Michael Kurz Sarah Paladino departed at 2:15pm Bill Pierce Tyler Schneidman arrived at 1:08pm David Viele departed at 2:15pm MEMBERS ABSENT Henry Pratt Special Presentation 15 minutes Linn Brooks, Assistant General Manager of the Eagle River Water & Sanitation District, provided a brief update on District matters. She also queried the Commission on topics that might be of interest for future presentations by the District, such as information on the health of Gore Creek and its watershed, the affects of land use on water supply and water quality, and District projects that impact stream flows. Commissioner Pierce inquired about the affects of storm water run -off and parking lot drainage on the quality of Gore Creek, and asked about opportunities for the Town and the District to address the issue. Commissioner Cartin inquired about the proportion of indoor and outdoor water usage. Commissioner Pierce requested that Staff present a summary of the Town's current storm water run -off regulations at a future hearing. Commissioner Kurz requested that Staff also provide information about the health of Gore Creek at a future hearing. Site Visits: No Site Visits 30 minutes 1. A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Chapter 12 -6, Residential Districts, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to establish a new zone district, Townhouse and Row House District (TRH) District, and setting forth details in regard thereto. (PEC100011) Applicant: Chris Galvin, represented by K.H. Webb Arch itects/Ma u riel lo Planning Group Planner: Bill Gibson ACTION: Tabled to July 12, 2010 MOTION: Kurz SECOND: Viele VOTE: 6 -0 -0 Bill Gibson gave a presentation per the staff memorandum. Dominic Mauriello, representing the applicant, gave a power point presentation highlighting the findings from the GRFA analysis they conducted on townhouse projects in the vicinity. Page 1 Commissioner Pierce stated that he has walk past the townhouse projects several times in the past weeks, and does not believe there should be incentives for larger townhouses. He noted that owners are already allowed''to make the units larger by constructing "common area" and garages. He further added that parking should be required to be enclosed. He commented that street level garage doors may not be attractive, but they would be more attractive than the existing chains across the townhouse's driveways. Commissioner Kurz felt the variance process has been cumbersome and created inequities in the redevelopment of townhouse properties. He believes a common ground is desired and that a single 1.5 GRFA ratio may be appropriate. He prefers the existing driveway and privacy chains to street level garage doors. He is concerned that garage doors on these townhouses would create too much of a suburban character. Commissioner Paladino asked for clarification about the 1.98 GRFA ratio that would be created if townhouses were only regulated by height and site coverage. Commissioner Schneidman inquired if the proposed GRFA ratio would create equality. Commissioner Cartin noted that the proposed zoning changes would "clean -up" past inequities. Commissioner Viele reminded the Commission that the goal of the previous SDD application was to create a simpler alternative to the variance process and to simplify the reconstruction of townhouse units. He does not believe increasing the allowable GRFA to 1.5 should be the goal of this new district, but it should be to create a simpler process for constructing what is allowed today. He believes Unit 11 at the Vail Rowhouse should set the minimum bar for an allowable GRFA ratio. John Dunn, representing Dolph and Barbara Bridgewater, Unit 11 Vail Rowhouses, noted concerns about a statement in the staff memorandum regarding properties not meeting current real estate standards. He questioned the scope of the zone district and asked if the proposed district was a large SDD (i.e. special development district) application. He noted concern about the public notice process for the application. He commented that the applicant has not yet addressed all the questions posed in the April 26, 2010, staff memorandum. He noted that a presentation has not yet been given on how other communities regulate townhouses. Dominic Mauriello stated that they sent letters to 80 individual townhouse owners describing the proposal and providing their contact information and Staff's contact information. He noted that he has only received one phone call and Staff has not received any calls from these 80 individuals. Bill Gibson confirmed that Staff has not be contacted by any townhouse owners other than Mr. Bridgewater. 30 minutes 2. A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Section 12 -15 -5, Additional Gross Residential Floor Area (250 Ordinance), Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow applications to be made for additional GRFA prior to all the allowable GRFA being constructed on a property, and setting forth details in regard thereto. (PEC100021) Applicant: Town of Vail Planner: Bill Gibson ACTION: Recommendation of approval MOTION: Viele SECOND: Kurz VOTE: 6 -0 -0 Page 2 Bill Gibson gave a presentation per the staff memorandum. He highlighted the 250 Addition regulations, the impacts of the current regulation on multi - family projects, and how the 2004 changes to GRFA calculation methodology have affected these properties. There was no public comment. Commissioner Pierce stated that Staff's presentation explained this complicated issues very well. Commissioner Cartin inquired about options to make GRFA record keeping simpler. Commissioner Paladino expressed that the proposed amendments removed barriers for individual property owners in the spirit of the original 250 Ordinance and she supported the amendments. 60 minutes 3. A request for a work session on a major exterior alteration, pursuant to Section 12 -71 -7, Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the area known as "Ever Vail" (West Lionshead), with multiple mixed -use structures including but not limited to, multiple - family dwelling units, fractional fee units, accommodation units, employee housing units, office, and commercial /retail uses, located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West rig ht-of-way/U n platted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080064) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to June 28, 2010 MOTION: Kurz SECOND: Schneidman VOTE: 3 -0 -2 ( Cartin and Viele recused) Commissioner Paladino departed prior to the start of this item. Dominic Mauriello summarized the comments from the Commission's last public hearing. Michael Lee, Calison Architects, presented the modifications made to the architectural plans in response to comments from the Commission's last public hearing. The most prominent changes were made to the bridges associated with the project. Commissioner Kurz commented on the opportunity for fountains or other landmarks to visually draw pedestrian to specific areas. Jeff Winston, Winston Associates, presented a three - dimensional model of the Ever Vail project reflecting the applicant's recent changes. Jeff Winston provided commentary on the applicant's individual plan changes, and noted the improvements made to the pedestrian visual experience due to the applicant's changes in bridge design. Commissioner Kurz recommended exploring more organic building forms along the Frontage Road and Red Sandstone Creek. Jeff Winston commented that the applicant's changes have improved the lighting and solar access for the public plazas. Commissioner Kurz recommended exploring archways similar to those used at Arrabelle. Dominic Mauriello stated their excitement about public art opportunities. Page 3 Commissioner Pierce recommended exploring sidewalks designed in the direction of pedestrian travel and not designed with right angles. Dominic Mauriello explained how the applicant considered those sidewalk design options, but due to the intersection with vehicular traffic certain sidewalks needed to be at right angles. Jeff Winston commented on the need to further address the relationship and connection between Ever Vail and the existing areas of Lionshead. Commissioner Kurz asked about future opportunities to change the roof the water treatment plant. Commissioner Pierce liked the applicant's modifications to improve the lighting and visibility of the transit center. Jeff Winston commented on the building bulk and mass along the creek, and recommended the building heights could be stepped even more than proposed. Dominic Mauriello asked if the Commission would like to review these changes again at the June 28' meeting since Commissioners Paladino and Pratt were not present for this presentation. Commissioner Pierce stated that reviewing the model again would be beneficial. 5 minutes 4. A request for an amendment to an Approved Development Plan, pursuant to Section 12- 61 -11, Development Plan Required, Housing Zone District, Vail Town Code, to allow for revisions to the required landscape plan and geologic hazard mitigation plan for the redevelopment of the easternmost 5.24 acres of the Timber Ridge Village Apartments; and a request for the review of a variance, from Section 14 -5 -1, Minimum Standards, Parking Lot and Parking Structure Design Standards for All Uses, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for a crossover drive aisle width of less than thirty -feet (30') within the required parking structure, located at 1280 Nort h Frontage Road /Lots 1 -5, Block C, Lions Ridge Subdivision Filing 1,and setting forth details in regard thereto. (PEC1 0001 8/PEC1 00019) Applicant: Vail Timber Ridge L.L.C. Planner: George Ruther ACTION: Table to June 28, 2010 MOTION: Viele SECOND: Kurz VOTE: 6 -0 -0 5 minutes 5. A request for final review of conditional use permits, pursuant to Section 12 -71 -5, Conditional Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow for the development of a public or private parking lot (parking structure); a vehicle maintenance, service, repair, storage, and fueling facility; a ski lift and tow (gondola), within "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West right -of- way /Unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080063) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to June 28, 2010 MOTION: Viele SECOND: Kurz VOTE: 6 -0 -0 Page 4 5 minutes 6. A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to 12 -3 -7, Amendment, Vail Town Code, to allow for a rezoning of properties from Arterial Business District and unzoned South Frontage Road West right -of -way which is not zoned to Lionshead Mixed Use -2, properties known as "Ever Vail" (West Lionshead), located at 953 and 1031 South Frontage Road West and South Frontage Road West right -of -way, (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080061) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to June 28, 2010 MOTION: Viele SECOND: Kurz VOTE: 6 -0 -0 5 minutes 7. A request for a final review of a variance from 12- 71 -14, Site Coverage, Vail Town Code, pursuant to Chapter 12 -17, Variances, to allow for additional site coverage below grade, within "Ever Vail" (West Lionshead), located at 934 (BP Site), 953 (Vail Professional Building), 1031 (Cascade Crossing) S. Frontage Road / Unplatted; 862 (VR Maintenance Shop) and 923 (Holy Cross Lot) S. Frontage Road / Tracts A and B, S. Frontage Road Subdivision; 1000 (Glen Lyon Office Building) S. Frontage Road / Lot 54, Glen Lyon Subdivision (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC090035) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to June 28, 2010 MOTION: Viele SECOND: Kurz VOTE: 6 -0 -0 5 minutes 8. A request for a final recommendation to the Vail Town Council for a proposed major amendment to Special Development District No. 4, Cascade Village, pursuant to Article 12 -9A, Special Development District, Vail Town Code, to allow for the removal of the Glen Lyon Commercial Site, Development Area D, (Glen Lyon Office Building) from the District for incorporation into the properties known as "Ever Vail' (West Lionshead), located at 1000 S. Frontage Road West/Lot 54 Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC090036) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to June 28, 2010 MOTION: Viele SECOND: Kurz VOTE: 6 -0 -0 5 minutes 9. A request for a final recommendation to the Vail Town Council for prescribed regulations amendments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to provide regulations that will implement sustainable building and planning standards, and setting forth details in regard thereto. (PEC090028) Applicant: Town of Vail Planner: Rachel Friede ACTION: Table to July 12, 2010 MOTION: Viele SECOND: Kurz VOTE: 6 -0 -0 5 minutes 10. A request for a work session to discuss prescribed regulations amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to Title 12, Zoning Regulations, Vail Town Code, and setting forth details in regard thereto. (PEC090017) Applicant: Town of Vail Planner: Rachel Friede Page 5 ACTION: Table to July 12, 2010 MOTION: Viele SECOND: Kurz VOTE: 6 -0 -0 5 minutes 11. A request for a final recommendation to the Vail Town Council for the establishment of a new special development district, pursuant to Article 12 -9A, Special Development (SDD) District, Vail Town Code, located at 303 Gore Creek Drive, Units 7, 8, 9, 10, 12, 13 (Vail Rowhouses) /Lots 7, 8, 9, 10, 12, 13, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC090037) Applicant: Christopher Galvin, represented by Mauriello Planning Group, LLC Planner: Bill Gibson ACTION: Table to July 12, 2010 MOTION: Viele SECOND: Kurz VOTE: 6 -0 -0 5 minutes 12. A request for a recommendation to the Vail Town Council, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, for a major amendment to Special Development District No. 6, Vail Village Inn, to allow for a change in land use, an increase in site coverage and building footprint, a decrease in the side setback and a deviation from parking requirements to accommodate a new restaurant, located at 68 East Meadow Drive, Unit 602/ Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC100026) Applicant: Joe Staufer, represented by John G. Martin, Architect Planner: Rachel Friede ACTION: WITHDRAWN 13. Approval of May 10, 2010 minutes MOTION: Viele SECOND: Kurz VOTE: 6 -0 -0 14. Approval of May 24, 2010 minutes MOTION: Viele SECOND: Kurz VOTE: 6 -0 -0 15. Information Update: Discussion about electronic Commissioner packets 16. Adjournment MOTION: Kurz SECOND: Schneidman VOTE: 3 -0 -0 (Cartin, Paladino, Viele absent) The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479- 2138 for additional information. Sign language interpretation is available upon request with 24 -hour notification. Please call (970) 479 -2356, Telephone for the Hearing Impaired, for information. Community Development Department Published June 11, 2010, in the Vail Daily. Page 6 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 14, 2010 SUBJECT: A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Section 12 -15 -5, Additional Gross Residential Floor Area (250 Ordinance), Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow applications to be made for additional GRFA prior to all the allowable GRFA being constructed on a property, and setting forth details in regard thereto. (PEC100021) Applicant: Town of Vail Planner: Bill Gibson SUMMARY A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Section 12 -15 -5, Additional Gross Residential Floor Area (250 Ordinance), Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow applications to be made for additional GRFA (gross residential floor area) prior to all the allowable GRFA being constructed on a property, and setting forth details in regard thereto. Based upon Staff's review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval subject to the findings noted in Section VI of this memorandum. II. DESCRIPTION OF REQUEST At the April 12, 2010, Planning and Environmental Commission's public hearing, the Commission initiated the request for a prescribed regulations amendment application to consider changes to the Town's 250 Ordinance regulations. The Commission requested that Town Code amendments be considered to allow applications for the construction of additions to existing residential dwelling unit utilizing the Additional GRFA 250 Ordinance provisions prior to all the allowable GRFA being constructed on the subject property. The proposed text amendments as they relate to single - family and two - family structures are as follows (text deleted is in stF text added is in bold, text not affected by this amendment has been omitted): 12- 15 -5 -C: Single- Family Dwellings And Two - Family Dwellings In Zone Districts Other Than The Single- Family Residential (SFR), Two-Family Residential (R), And Two - Family Primary/Secondary Residential (PS) Districts: 6. Applicability: No pooling of gross residential floor area shall be allowed in single- family or two-family dwelling units. No application for additional GRFA shall request more than two hundred fifty (250) square feet of gross residential floor area per single- family dwelling or two - family dwellin nor- shall an) appliGation be made f0F additional GRF=A unt4 suGh time a_R Q.1.1 the -PU_PI.4.Ia_hIe Applications for additional GRFA may be submitted before all the allowable GFRA has been constructed on the property. The proposed text amendments as they relate to multiple - family structures are as follows (text deleted is in stFikeethFgUg text added is in bold, text not affected by this amendment has been omitted): 12- 15 -5 -D: Multi- Family Dwellings: Applicability. The provisions of this section are applicable only to GRFA additions to individual dwelling units. No pooling of GRFA shall be allowed in multi - family dwellings. No application for additional GRFA shall request more than two hundred fifty (250) square feet of gross residential floor area per dwelling unit -per shag any app&atien be made foF addWonal GRFA Ynt# suGh time as a# allowable GRFA has beeR GGnStFUGted OR the pr-ope.4,y. When exterior additions are proposed to a multi - family structure, the addition of the GRFA shall be designed and developed in context of the entire structure. Applications for additional GRFA may be submitted before all the allowable GFRA has been constructed on the property. II. BACKGROUND The 250 Ordinance provision allows additional gross residential floor area (GRFA) to be constructed in excess of the GRFA limits prescribed by the various zone districts as an incentive for homeowners to upgrade their existing properties. The original 250 Ordinance regulations were adopted through Ordinance No. 4, Series of 1985, based upon the following: "WHEREAS, the Town of Vail Community Action Plan encourages the upgrading and remodeling of existing structures; and WHEREAS, the Town Council is of the belief that it would benefit the health, safety, and welfare of the Town of Vail to allow property owners to add up to an additional 250 square feet of Gross Residential Floor Area (GRFA) as an inducement for the upgrading of existing structures which are five years old or older. " The original 250 Ordinance granted an additional 250 sq.ft. of GRFA to every dwelling unit existing for more than 5 years. To utilize this additional floor area, property owners were required to demonstrate compliance with a list of criteria including: compliance with the Town's other zoning regulations (or obtain a variance), existing garages would not be converted to GRFA unless a new garage was proposed, final certificates of occupancy had already been obtained for the existing structure, and the additional floor area would not be used to enclose deck and balconies in multi - family dwellings. 2 Ordinance No. 6, Series of 1995, an ordinance which precluded "demo /rebuild" projects from qualifying for the 250 Ordinance additional floor area, more thoroughly outlined the original intent of the 250 Ordinance as follows: "WHEREAS, prior to 1985 the Planning and Environmental Commission entertained many requests for GRFA variances for small additions to homes that provided primary residence; and WHEREAS, such applications were to improve the property and enhance its livability such as a mud room, an airlock, enlarging an existing room or adding a bathroom; and WHEREAS, much of the housing stock was originally built for vacation use and needed small improvements to be better adaptable to full time living; and WHEREAS, these dwelling units in many instances did not meet the Design Review Guidelines in regard to landscaping, paved driveways, paved parking areas and undergrounded utilities; and WHEREAS, it was apparent that the increase in GRFA would be offset by the enhancements to the property which resulted in a benefit to the Town by improving the housing stock, and WHEREAS, the Town Council has studied the effects of Chapter 18.71 in the Town of Vail as it has been applied; and WHEREAS, this examination has led the Town Council to find that there have been abuses of the additional GRFA process and that the original intent of the allowance of additional GRFA is not being met in the majority of the `250. additions', and WHEREAS, The Town Council finds that allowing a demo /rebuild to take advantage of an additional 250 square feet has not met the purpose and intention of the ordinance and does not prove to be an inducement for the upgrading of existing housing stock but rather simply confers a benefit upon an individual with no benefit being conferred upon the Town; and WHEREAS, Council finds it is inappropriate to allow an additional 250 square feet in the instance of a demo /rebuild where the same advantage is not provided to a parcel of land, or lot similarly situated that has never been developed. " In addition from precluding demo /rebuild projects from utilizing the additional floor area provisions, Ordinance No. 6, Series of 1995, further clarified that applications for additional floor area could not be submitted "until such time as all allowable GRFA has been constructed on the property" and that any addition involving exterior changes to a building required Planning and Environmental Commission review. In 1997, the Town of Vail adopted the "Interior Conversion" provisions to supplement the 250 Ordinance by allowing property owners to "convert" interior spaces of an existing building to GRFA if that property had no remaining allowable GRFA by the limits prescribed in the various zone districts. In 2004, the Town of Vail revised the GRFA regulations in the Town's residential districts. The Planning and Environmental Commission recommended eliminating the 250 Ordinance and Interior Conversions in all residential districts. The Town Council chose to eliminate the 250 Ordinance and the Interior Conversion only in the lower density districts (Single Family, Two - Family, Two - Family Primary/Secondary). The allowable GRFA limits in these districts were adjusted to grant an increase in the allowable floor area equivalent to the 250 and an Interior Conversions. Today, existing individual dwelling units in the multi - family districts and the mixed -use commercial districts are still eligible to utilize the 250 Ordinance to construct new gross residential floor area (GRFA) beyond the limits prescribed in the district. As thoroughly discussed by both the Town Council and the Planning and Environmental Commission, the 2004 GRFA amendments did not simplify the Town's development review process. It was acknowledged that the code changes not only created multiple calculation methods, created new credits such as the "basement deduction ", but also rendered the Town's historic GRFA records worthless. It was acknowledged in 2004 that future new construction or remodel projects would be required to re- calculate their existing GRFA and could not defer to the Town's archives for this information. As required by the Town Code, all construction projects involving 250 Ordinance and Interior Conversion GRFA bonuses since 2004 have been required to complete this task. IV. APPLICABLE DOCUMENTS 12 -1 -2: PURPOSE: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. M 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. 12 -15 -1: PURPOSE: This chapter is intended to control and limit the size, bulk, and mass of residential structures within the town. Gross residential floor area (GRFA) regulation is an effective tool for limiting the size of residential structures and ensuring that residential structures are developed in an environmentally sensitive manner by allowing adequate air and light in residential areas and districts. 12 -15 -5: ADDITIONAL GROSS RESIDENTIAL FLOOR AREA (250 ORDINANCE): A. Purpose: The purpose of this section is to provide an inducement for the upgrading of existing dwelling units which have been in existence within the town for a period of at least five (5) years by permitting the addition of up to two hundred fifty (250) square feet of gross residential floor area (GRFA) to such dwelling units, provided the criteria set forth in this section are met. This section does not assure each single- family or two - family dwelling unit located within the town an additional two hundred fifty (250) square feet, and proposals for any additions hereunder shall be reviewed closely with respect to site planning, impact on adjacent properties, and applicable town development standards. The two hundred fifty (250) square feet of additional gross residential floor area may be granted to existing single- family dwellings, existing two - family and existing multi - family dwelling units only once, but may be requested and granted in more than one increment of less than two hundred fifty (250) square feet. Upgrading of an existing dwelling unit under this section shall include additions thereto or renovations thereof, but a demo /rebuild shall not be included as being eligible for additional gross residential floor area. B. Applicability: The provisions of this section shall apply to dwelling units in all zone districts except the single- family residential (SFR), two- family residential (R), and two - family primary/secondary residential (PS) districts. C. Single- Family Dwellings And Two - Family Dwellings In Zone Districts Other Than The Single- Family Residential (SFR), Two - Family Residential (R), And Two - Family Primary/Secondary Residential (PS) Districts: A single- family or two- family dwelling unit shall be eligible for additional gross residential floor area (GRFA) not to exceed a maximum of two hundred fifty (250) square feet of GRFA in addition to the existing or allowable GRFA for the site. Before such additional GRFA can be granted, the single - family or two - family dwelling unit shall meet the following criteria: 1. Eligible Time Frame: A single- family or two- family dwelling unit shall be eligible for additional GRFA, pursuant to this section, if it is in existence prior to November 30, 1995, or a completed design review board application for the original construction of said unit has been accepted by the department of community development by November 30, 1995. In addition, at least five (5) years must have passed from the date the single- family dwelling or two- family dwelling unit was issued a certificate of occupancy (whether temporary or final) or, in the event a certificate of occupancy was not required for use of the dwelling 5 at the time of completion, from the date of original completion and occupancy of the dwelling. 2. Use Of Additional Floor Space: Proposals for the utilization of the additional gross residential floor area (GRFA) under this provision shall comply with all town zoning requirements and applicable development standards. If a variance is required for a proposal, it shall be approved by the planning and environmental commission pursuant to chapter 17 of this title before an application is made in accordance with this section. The applicant must obtain a building permit within one year of final planning and environmental commission approval or the approval for additional GRFA shall be voided. 3. Garage Conversions: If any proposal provides for the conversion of a garage or enclosed parking area to GRFA, such conversion will not be allowed unless: a) either the conversion will not reduce the number of enclosed parking spaces below the number required by this code; or b) provision is made for creation of such additional enclosed parking spaces as may be required for the new total GRFA under this code. Plans for a new garage or enclosed parking area, if required, shall accompany the application under this section, and shall be constructed concurrently with the conversion. 4. Parking: Any increase in parking requirements as set forth in chapter 10 of this title due to any GRFA addition pursuant to this section shall be met by the applicant. 5. Conformity With Guidelines: All proposals under this section shall be required to conform to the design review guidelines set forth in chapter 11 of this title. A single- family or two- family dwelling unit for which an addition is proposed shall be required to meet the minimum town landscaping standards as set forth in chapter 11 of this title. Before any additional GRFA may be permitted in accordance with this section, the staff shall review the maintenance and upkeep of the existing single- family or two-family dwelling and site, including landscaping, to determine whether they comply with the design review guidelines. No temporary certificate of occupancy shall be issued for any expansion of GRFA pursuant to this section until all required improvements to the site and structure have been completed as required. 6. Applicability: No pooling of gross residential floor area shall be allowed in single- family or two- family dwelling units. No application for additional GRFA shall request more than two hundred fifty (250) square feet of gross residential floor area per single - family dwelling or two- family dwelling, nor shall any application be made for additional GRFA until such time as all the allowable GRFA has been constructed on the property, or an application is presently pending in conjunction with the application for additional GRFA that utilizes all allowable GRFA for the property. 7. One Time Grant: Any single- family or two-family dwelling unit which has previously been granted additional GRFA pursuant to this section and is demo /rebuild, shall be rebuilt without the additional GRFA as previously approved. 2 8. Demo /Rebuild Not Eligible: Any single- family or two - family dwelling unit which is to be demo /rebuild shall not be eligible for additional GRFA. 9. Nonconforming Structures And Site Improvements: Structures which do not conform to density controls shall be eligible for additional GRFA pursuant to this section. D. Multi- Family Dwellings: Any dwelling unit in a multi - family structure that meets allowable GRFA shall be eligible for additional gross residential floor area (GRFA) not to exceed a maximum of two hundred fifty (250) square feet of GRFA in addition to the existing or allowable GRFA for the site. Any application of such additional GRFA must meet the following criteria: 1. Eligible Time Frame: A multiple- family dwelling unit shall be eligible for additional GRFA, pursuant to this section, if it is in existence prior to November 30, 1995, or a completed design review board application for the original construction of said unit has been accepted by the department of community development by November 30, 1995. In addition, at least five (5) years must have passed from the date the building was issued a certificate of occupancy (whether temporary or final) or, in the event a certificate of occupancy was not required for use of the building at the time of completion, from the date of original completion and occupancy of the building. 2. Use Of Additional Floor Space: Proposals for the utilization of the additional GRFA under this provision shall comply with all town zoning requirements and applicable development standards. If a variance is required for a proposal, it shall be approved by the planning and environmental commission pursuant to chapter 17 of this title before an application is made in accordance with this section. The applicant must obtain a building permit within one year of final planning and environmental commission approval or the approval for additional GRFA shall be voided. 3. Parking Area Conversions: Portions of existing enclosed parking areas may be converted to GRFA under this section if there is no loss of existing enclosed parking spaces in said enclosed parking area. 4. Parking Requirements Observed. Any increase in parking requirements due to any GRFA addition pursuant to this section shall be met by the applicant. 5. Guideline Compliance; Review. All proposals under this section shall be reviewed for compliance with the design review guidelines as set forth in chapter 11 of this title. Existing properties for which additional GRFA is proposed shall be required to meet minimum town landscaping standards as set forth in chapter 11 of this title. General maintenance and upkeep of existing buildings and sites, including the multi- family dwellings, landscaping or site improvements (i.e., trash facilities, berming to screen surface parking, etc.) shall be reviewed by the staff after the application is made for conformance to said design review guidelines. No temporary certificate of occupancy shall be issued for any expansion of GRFA pursuant to this section until all required improvements to the multi - family dwelling site and building have been completed as required. 7 6. Condominium Association Submittal: An application for additional GRFA shall be made on behalf of each of the individual dwelling unit owners by the condominium association or similar governing body. 7. Applicability: The provisions of this section are applicable only to GRFA additions to individual dwelling units. No pooling of GRFA shall be allowed in multi - family dwellings. No application for additional GRFA shall request more than two hundred fifty (250) square feet of gross residential floor area per dwelling unit nor shall any application be made for additional GRFA until such time as all the allowable GRFA has been constructed on the property. When exterior additions are proposed to a multi - family structure, the addition of the GRFA shall be designed and developed in context of the entire structure. 8. Nontransferable To Demo /Rebuild: Any building which has previously been granted additional GRFA pursuant to this section and is demo /rebuild, shall be rebuilt without the additional GRFA as previously approved. 9. Demo /Rebuild Not Eligible: Any multiple- family structure or dwelling unit which is to be demo /rebuild shall not be eligible for additional GRFA. 10. Nonconforming Structures And Site Improvements: Structures which do not conform to density controls shall be eligible for additional GRFA pursuant to this section. E. Procedure: 1. Application; Content: Application shall be made on forms provided by the department of community development. If the property is owned in common (condominium association) or jointly with other property owners such as driveways or C parcels in duplex subdivisions, by way of example, and not limitation, the written approval of the other property owner, owners or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. The application shall also include: a. A fee pursuant to the current schedule shall be required with the application. b. Information and plans as set forth and required by subsection 12 -11 -4C of this title. c. Any other applicable information required by the department of community development to satisfy the criteria outlined in this section. 2. Hearing Set, Notice: Upon receipt of a completed application for additional GRFA, the design review board shall set a date for a hearing in accordance with subsection 12-11 - 4C2 of this title. The hearing shall be conducted in accordance with subsections 12-11 - 4C2 and C3 of this title. 3. Compliance Required: If the department of community development staff determines that the site for which additional GRFA is applied for pursuant to this section does not comply with minimum town landscaping or site standards as provided herein, the applicant will be required to bring the site into compliance with such standards before any such temporary or permanent certificate of occupancy will be issued for the additional GRFA added to the site. Before any building permit is issued, the applicant shall submit appropriate plans and materials indicating how the site will be brought into 8 compliance with said town minimum standards, which plans and materials shall be reviewed by and approved by the department of community development. 4. Building Permit: Upon receiving the necessary approvals pursuant to this section, the applicant shall proceed with the securing of a building permit prior to beginning the construction of additional GRFA. V. REVIEW CRITERIA Before acting on an application for an amendment to the regulations prescribed in the Zoning Regulations, the Planning and Environmental Commission 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 As stated in Section 12 -15 -5, Additional Gross Residential Floor Area, Vail Town Code, the purpose of the 250 Ordinance is as follows: "The purpose of this section is to provide an inducement for the upgrading of existing dwelling units which have been in existence within the town for a period of at least five (5) years by permitting the addition of up to two hundred fifty (250) square feet of gross residential floor area (GRFA) to such dwelling units..." As proposed, the text amendments do not change the requirement that existing non- conforming properties must be upgraded to meet the Town's design review guidelines when the 250 Ordinance floor area is utilized. Whether the 250 Ordinance is utilized before or after the allowable GRFA has been constructed, the end result is the same. Therefore, Staff believes the proposed amendments are consistent with the purpose of the 250 Ordinance policy. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and As noted above, the purpose of the 250 Ordinance is to provide an incentive for the upgrading of existing dwelling units. Whether the 250 Ordinance is utilized before or after the allowable GRFA has been constructed, the end result of compliance with the design guidelines is the same. Today Section 12 -11 -3, Design Review, Vail Town Code, requires existing properties to upgrade into compliance with the Town's design guidelines when any addition of GRFA is constructed. However, this section of the Town Code also allows a one -time exemption from this requirement for residential additions no larger than 500 sq. ft. in GRFA. Since conformance with the design guidelines will be achieved sooner if the 250 Ordinance is utilized before the allowable GRFA is constructed, Staff believes the proposed amendment better implements the adopted 250 Ordinance policy. 9 As described further in the criteria below, the time and costs associated with calculating the allowable GRFA in multiple - family developments has discouraged some homeowners from moving forward with plans to construct an addition to their residence. Staff believes the proposed text amendments remove this barrier to redevelopment and therefore better achieves the adopted goals of the 250 Ordinance. There are negatives associated with the implementation of the proposed text amendments. The proposed amendments do not eliminate the need for homeowners to re- calculate GRFA for existing multiple - family developments. Instead, the proposed amendments simply defer this requirement to a later date. The proposed amendments do not benefit multiple - family residential developments constructed after 1995, associations wishing to construct new dwelling units, or individual homeowners wishing to construct additions larger than 250 sq. ft. From an administrative perspective, the proposed text amendments both simplify and complicate the Town's development review process. The proposed amendments will simplify the process of determining homeowner eligibility to utilize the 250 Ordinance. However, allowing 250 Ordinance additions to be constructed prior to all the allowable GRFA being constructed further complicates the Town's property file record keeping. The proposed amendments will also complicate future determinations of collective development rights for those multiple - family developments were individual 250 Ordinance additions were constructed. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The Town of Vail has historically kept record of the allowed, constructed, and remaining GRFA for every residential property constructed under Town of Vail jurisdiction (GRFA records do not exist for some properties constructed under Eagle County jurisdiction prior to annexation). In 2004, Vail's GRFA regulations were amended. These amendments altered the methodology for calculating GRFA and the Town's historic GRFA records became null and void. It was acknowledged in 2004 that future residential addition projects would require a re- calculation of the allowed, constructed, and remaining GRFA. Homeowners can no longer rely upon the Town's archives for this GRFA information. Due to the complexity of the Town's GRFA calculation methodology, many multiple - family dwelling unit owners must hire architects, land surveyors, and other consultants to assist in re- calculating the GRFA for their properties. Depending upon the scale of the residential development, number of buildings, number of dwelling units, complexity of floor plans, the availability of accurate architectural drawings, the availability of an accurate topographic survey (necessary to calculate "basement deductions "), and other factors; the re- calculation of GRFA can be both time consuming and financially expensive. In some multiple - family developments these costs have been shared by the collective home owner's association. In other residential developments, the association has been unwilling to collectively participate in the re- calculation of GRFA and the costs have been the burden of the first individual owner wishing to construct an addition. In some circumstances, residential property owners have determined that re- calculating GRFA is cost prohibitive to them proceeding with the construction of an addition to their residence. 10 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The final build -out bulk and mass of multiple - family residential structures will be the same whether residential additions utilizing the 250 Ordinance are constructed before or after the allowable GRFA is constructed. Additionally, for multiple - family properties, there are few design review required upgrades associated with an individual unit's 250 Ordinance addition. 5. Such other factors and criteria the planning and environmental commission and /or council deem applicable to the proposed text amendment. VI. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval Vail Town Council on prescribed regulation amendments to Section 12 -15 -5, Additional Gross Residential Floor Area (250 Ordinance), Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow applications to be made for additional GRFA prior to all the allowable GRFA being constructed on a property, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to forward a recommendation of approval of this request; Community Development Department recommends the Commission pass the following motion: " "Based upon a review of Section V of the Staffs June 14, 2010, memorandum to the Planning and Environmental Commission and the evidence and testimony presented, the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council on prescribed regulation amendments to Section 12 -15 -5, Additional Gross Residential Floor Area (250 Ordinance), Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow applications to be made for additional GRFA prior to all the allowable GRFA being constructed on a property, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section V of Staffs June 14„ 2010, memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations, and 11 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " 12 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning and Environmental Commission Community Development Department April 12, 2010 "Additional Gross Residential Floor Area (250 Ordinance)" I. PURPOSE The purpose of this memorandum is to provide Commission with a brief background on the "Additional Ordinance)" provision of the Town's Zoning Regulations. II. BACKGROUND the Planning and Environmental Gross Residential Floor Area (250 The 250 Ordinance provision allows additional gross residential floor area (GRFA) to be constructed in excess of the GRFA limits prescribed by the various zone districts as an incentive for residents to upgrade their existing properties. The original 250 Ordinance regulations were adopted through Ordinance No. 4, Series of 1985, based upon the following: "WHEREAS, the Town of Vail Community Action Plan encourages the upgrading and remodeling of existing structures; and WHEREAS, the Town Council is of the belief that it would benefit the health, safety, and welfare of the Town of Vail to allow property owners to add up to an additional 250 square feet of Gross Residential Floor Area (GRFA) as an inducement for the upgrading of existing structures which are five years old or older. " The original 250 Ordinance granted an additional 250 sq.ft. of GRFA to every dwelling unit existing for more than 5 years. To utilize this additional floor area, property owners were required to demonstrate compliance with a list of criteria including: compliance with the Town's other zoning regulations (or obtain a variance), existing garages would not be converted to GRFA unless a new garage was proposed, final certificates of occupancy had already been obtained for the existing structure, and the additional floor area would not be used to enclose deck and balconies in multi - family dwellings. Ordinance No. 6, Series of 1995, an ordinance which precluded "demo /rebuild" projects from qualifying for the 250 Ordinance additional floor area, more thoroughly outlined the original intent of the 250 Ordinance as follows: "WHEREAS, prior to 1985 the Planning and Environmental Commission entertained many requests for GRFA variances for small additions to homes that provided primary residence; and WHEREAS, such applications were to improve the property and enhance its livability such as a mud room, an airlock, enlarging an existing room or adding a bathroom; and WHEREAS, much of the housing stock was originally built for vacation use and needed small improvements to be better adaptable to full time living; and WHEREAS, these dwelling units in many instances did not meet the Design Review Guidelines in regard to landscaping, paved driveways, paved parking areas and undergrounded utilities; and WHEREAS, it was apparent that the increase in GRFA would be offset by the enhancements to the property which resulted in a benefit to the Town by improving the housing stock, and WHEREAS, the Town Council has studied the effects of Chapter 18.71 in the Town of Vail as it has been applied; and WHEREAS, this examination has led the Town Council to find that there have been abuses of the additional GRFA process and that the original intent of the allowance of additional GRFA is not being met in the majority of the `250 additions , and WHEREAS, The Town Council finds that allowing a demo /rebuild to take advantage of an additional 250 square feet has not met the purpose and intention of the ordinance and does not prove to be an inducement for the upgrading of existing housing stock but rather simply confers a benefit upon an individual with no benefit being conferred upon the Town; and WHEREAS, Council finds it is inappropriate to allow an additional 250 square feet in the instance of a demo /rebuild where the same advantage is not provided to a parcel of land, or lot similarly situated that has never been developed. " In addition from precluding demo /rebuild projects from utilizing the additional floor area provisions, Ordinance No. 6, Series of 1995, further clarified that applications for additional floor area could not be submitted "until such time as all allowable GRFA has been constructed on the property" and that any addition involving exterior changes to a building required Planning and Environmental Commission review. In 1997, the Town of Vail adopted the "Interior Conversion" provisions to supplement the 250 Ordinance by allowing property owners to "convert" interior spaces of an existing building to GRFA if that property had no remaining allowable GRFA by the limits prescribed in the various zone districts. In 2004, the Town of Vail revised the GRFA regulations in the Town's residential districts. The Planning and Environmental Commission recommended eliminating the 250 Ordinance and Interior Conversions in all residential districts. The Town Council chose to eliminate the 250 Ordinance and the Interior Conversion only in the lower density districts (Single Family, Two - Family, Two - Family Primary/Secondary). The allowable GRFA limits in these districts were adjusted to grant an increase in the allowable floor area equivalent to the 250 and an Interior Conversions. Today, existing individual dwelling units in the multi - family districts and the mixed -use commercial districts are still eligible to utilize the 250 Ordinance to construct new gross residential floor area (GRFA) beyond the limits prescribed in the district. As thoroughly discussed by both the Town Council and the Planning and Environmental Commission, the 2004 GRFA amendments did not simplify the Town's development review process. It was acknowledged that the code changes not only created multiple calculation methods, created new credits such as the "basement deduction ", but also rendered the Town's historic GRFA records worthless. It was acknowledged in 2004 that future new construction or remodel projects would be required to re- calculate their existing GRFA and could not defer to the Town's archives for this information. As required by the Town Code, all construction projects involving 250 Ordinance and Interior Conversion GRFA bonuses since 2004 have been required to complete this task. 2