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HomeMy WebLinkAbout2004-06-15 Support Documentation Town Council Work Session TOWN COUNCIL WORK SESSION AGENDA 11:20 A.M. TUESDAY, JUNE 15, 2004 LUNCH WILL BE PROVIDED NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. Van will leave Municipal Building Parking Lot promptly at 11:20 A.M. 1. ITEM/TOPIC: Lunch at Sapphire from 11:30 to 12:45. 2. Greg Hall ITEM/TOPIC: Streetscape Site Visit. (45 min.) Scott Bluhm 3. Warren Campbell ITEMITOPIC: Site Visit. An appeal of the Town of .Vail Design Review Board's approval of a design review application pursuant to Section 12-11, Design Review, Vail Town Code, to allow for site improvements to an existing residence, located at 4269 Nugget Lane/Lot 3, Bighorn Estate Resubdivision of Lots 10 and 11, and setting forth details in regard thereto. (30 min.) BACKGROUND RATIONALE: On May 5, 2004, the Design Review Board approved a design review application pursuant to Section 12-11, Design Review, Vail Town Code, to allow for site improvements to an existing residence, located at 4269 Nugget Lane. The appellant, Robert L. Kandell, MD, resident at 4259 Nugget Lane, has appealed the Design Review Board's approval. Please refer to the staff memorandum dated June 15, 2004, for additional information. STAFF RECOMMENDATION: Staff recommends that the Town Council upholds the Design Review Board's approval pursuant to Section 12-11, Design Review, Vail Town Code, to allow for site improvements to an existing residence, located at 4269 Nugget Lane/Lot 3, Bighorn Estate Resubdivision of Lots 10 and 11; subject to the findings in Section VI of the staff memorandum dated June 15, 2004. 4. Matt Gennett ITEM/TOPIC: Site Visit. An appeal of the May 19, 2004 Design Review Board (DRB) denial of an application to build a new primary/secondary, two-family residence located at 2830 Basingdale Blvd. /Lot 5, Block 9, Vail Intermountain. (30 min.) BACKGROUND RATIONALE: On March 17, 2004, the -DRB went on a site visit and performed a conceptual review of the applicant's proposal for a new primary/secondary residence on the subject property. At the time of the conceptual review, the DRB gave the applicant positive comments on the design of the proposed structure, but did not mention anything else having to do with the site or the applicant's proposal. On April 12, 2004, the Planning and Environmental Commission (PEC) conditionally approved a request by Mr. Cope for variances from the front and side setbacks, and to have required parking in the front setback. On May 5, 2004, the DRB performed a final review of the applicant's proposal, which included another site visit, and informed the applicant they would not approve his application as proposed because it would cause the removal of several large, mature spruce trees on the site. The DRB stated the applicant would need to redesign his proposal in a manner that avoids the necessitated removal of the large trees in order to receive their approval. Mr. Cope protested, stating that he already tried to do so but could not, and reluctantly requested a tabling. On May 19, 2004, the DRB denied the applicant's proposal as originally submitted. STAFF RECOMMENDATION: Staff recommends that the Town Council upholds the DRB's denial of the proposed new residence located at 2830 Basingdale Blvd. /Lot 5, Block 9, Vail Intermountain. 5. George Ruther ITEMITOPIC: DRB Update. 6. John Power tTEMROPIC: Employee Anniversary Recognition. (15 min.) John Ervin, Bus Driver 20 years Jack Owen, Journey Welder 15 years George Ruther, Planning 10 years Ernest Chavez II, Bus Driver 10 years Charles Owens, Detective 5 years Michele Grey, Communications Supervisor 5 years Nina Timm, Housing Planner 5 years 7. ITEM/TOPIC: Update from Eagle River Watershed Council: Black Gore Creek / Vail Pass. (15 min.) 8. Judy Camp ITEM/TOPIC: Update on the Five Year Projection of the Capital Projects and RETT Fund. (15 min.) BACKGROUND RATIONALE: Council requested an update of the Capital Projects Fund with the additions of the Multi Purpose Recreational Facility and the additional restrooms for streetscape. STAFF RECOMMENDATION: None. r 9. Judy Camp ITEM/TOPIC: 2005 Budget Philosophies & Guidelines. (15 min.) BACKGROUND RATIONALE: See attached memo. STAFF RECOMMENDATION: None. 10. Stan Zemler ITEM/TOPIC: Disposition of the Bubble. (5 min.) Greg Hall 11. Matt Mire ITEM/TOPIC: First reading of Ordinance No. 6, Series of 2004 - An Ordinance Amending Section 5-1-6, "Undesirable Plants," of the Municipal Code of the Town of Vail providing for certain amendments to comply with the. Colorado Noxious Weed Act and setting forth details in regard thereto. (10 min.) BACKGROUND RATIONALE: Pursuant to CRS § 35-5.5-101 et seq., the Colorado Noxious Weed Act, Town staff has developed a Weed Management Plan for those plants declared to be noxious weeds by state statute. The Ordinance also provides for other minor amendments to the Town Code to further comply with state statute. STAFF RECOMMENDATION: Approve Ordinance 6, Series 2004, on first reading. 12. Bill Gibson ITEM/TOPIC: Second Reading, Ordinance No. 10, Series of 2004, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential. Floor Area (GRFA) regulations in the Single-Family Residential (SFR), Two- Family Residential (R), and Two-Family Primary/Secondary Residential (PS) zone districts, and setting forth details in regard thereto. BACKGROUND RATIONALE: The Town Council approved the first .reading of Ordinance No. 10, Series of 2004, on June 1, 2004, by a vote of 6-1 (Donovan opposed). STAFF RECOMMENDATION: Should the Town Council choose to approve Ordinance No. 10, Series of 2004, on second reading, the Community Development Department recommends the Town Council makes the following findings: 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: 13. ITEM/TOPIC: Information Update. (10 min.) 14. ITEMITOPIC: Matters from the Mayor and Council. (10 min.) 15. ITEM/TOPIC: Adjournment. (4:35 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 12 P.M. TUESDAY, JULY 6, 2004 IN THE VAIL TOWN COUNCIL CHAMBERS. ----- _ Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. MEMORANDUM TO: Vail Town Council FROM: Department of Community Development DATE: June 15, 2004 SUBJECT: An appeal of the May 19, 2004 Design Review Board (DRB) denial of an application to build a new primary/secondary, two-family residence located at 2830 Basingdale Blvd. /Lot 5, Block 9, Vail Intermountain. Appellant: Peter Cope Planner: Matt Gennett SUBJECT PROPERTY The subject property is zoned Two-Family Primary/Secondary Residential (PS), is 40,463 square feet in size, and is located at 2830 Basingdale Blvd./Lot 5, Block 9, Vail Intermountain. The appellant's Design Review application involves the construction of a new two-family, primary/secondary residence within the front and side setbacks of the Two- Family Primary/Secondary (PS) residential zone district, in addition to locating required parking spaces within the Town of Vail (TOV), Basingdale Boulevard right-of-way, forwhich permission has been granted by the PEC. II. STANDING OF APPELLANT The appellant, Peter Cope, has standing to file an appeal as the representative of the property owner. III. REQUIRED ACTION The Town Council shall uphold, overturn, or modify the Planning and Environmental Commission's denial of Peter Cope's Design Review application to build a primary/secondary residence as proposed, located at 1956 Gore Creek Drive /Lot 45, Vail Village West Filing #2. Pursuant to Sub-section 12-3-3-C5, Vail Town Code, the Town Council is required to make findings of fact in accordance with the Vail Town Code: The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title (Zoning Regulations, Title 12) have or have not been met. IV. BACKGROUND ~ In August of 1972, Lot 5, Block 9, Vail Intermountain was platted by virtue of the Vail Intermountain Development Subdivision, Block 9, Final Plat. In October of 1981, a Design Review Board (DRB) application was approved for a primary/secondary residence with a total GRFA of 2,583 square feet that was never constructed. On March 3, 2004, the applicant brought a version of the current proposal to the DRB for a conceptual review. On March 17, 2004, the DRB went on a site visit and performed a conceptual review of the applicant's proposal for a new primary/secondary residence on the subject property. At the time of the conceptual review, the DRB gave the applicant positive comments on the design of the proposed structure, but did not mention the trees. On April 12, 2004, the Planning and Environmental Commission (PEC) conditionally approved a request by Mr. Cope for variances from the front and side setbacks, and to have required parking in the front setback. Mr. Cope subsequently met those conditions of approval (Attachment A). On May 5, 2004, the DRB performed a final review of the applicant's proposal, which included another site visit, and informed the applicant they would not approve his application as proposed because it would cause the removal of several large, mature spruce trees on the site. The DRB stated the applicant would need to redesign his proposal in a mannerthat avoids the necessitated removal of the large trees in order to receive their approval. Mr. Cope protested, stating that he already tried to do so but could not, and reluctantly requested a tabling. On May 19, 2004, the DRB denied the applicant's proposal as originally submitted. V. APPLICABLE REGULATIONS OF THE TOWN CODE Section 12-3 Administration and Enforcement (in part) Section 12-3-3: Appeals (in part) C. Appeal Of Planning And Environmental Commission Decisions And Design Review Board Decisions: 1. Authority: The Town Council shall have the authority to hear and decide appeals from any decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect to the provisions of this Title and the standards and procedures hereinafter set forth. 2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect to this Title. "Aggrieved or adversely affected person" means any person who will suffer an adverse effect to an interest protected or furthered by this Title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The Administrator shall determine the standing of an appellant. If the appellant objects to the Administrator's determination of standing, the Town Council shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the Town Council determines that the appellant 2 does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. The Town Council may also call up a decision of the Planning and Environmental Commission or the Design Review Board by a majority vote of those Council members present. 5. Findings: The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Title have or have not been met. Section 12-11 Design Review (in part) 12-11-1: INTENT: A. Attractive Attributes Recognized: Vail is a Town with a unique natural setting, internationally known for its natural beauty, alpine environment, and the compatibility of manmade structures with the environment. These characteristics have caused a significant number of visitors to come to Vail with many visitors eventually becoming permanent residents participating in community life. B. Area Character Protection: These factors constitute an important economic base for the Town, both for those who earn their living here and for those who view the Town as a precious physical possession. The Town Council finds that new development and redevelopment can have a substantial impact on the character of an area in which it is located. Some harmful effects of one land use upon another can be prevented through zoning, subdivision controls, and building codes. Other aspects of development are more subtle and less amenable to exact rules put into operation without regard to specific development proposals. Among these are the general form of the land before and after development, the spatial relationships of structures and open spaces to land uses within the vicinity and the Town, and the appearance of buildings and open spaces as they contribute to the area as it is being developed and redeveloped. In order to provide for the timely exercise of judgment in the public interest in the evaluation of the design of new development and redevelopment, the Town Council has created a Design Review Board (DRB) and design criteria. C. Design Review: Therefore, in order to preserve the natural beauty of the Town and its setting, to protect the welfare of the community, to, maintain the values created in the community, to protect and enhance land and property, for the promotion of health, safety, and general welfare in the community, and to attain the objectives set out in this Section; the improvement or alteration of open space, exterior design of all new development, and all modifications to existing development shall be~subject to design review as specified in this Chapter. D. Guidelines: It is the intent of these guidelines to leave as much design freedom as possible to the individual designerwhile at the same time maintaining the remarkable natural-beauty of the area by creating structures which are designed to complement both their individual sites and surroundings. The objectives of design review shall be as follows: To recognize the interdependence of the public welfare and aesthetics, and to ~~ provide a method by which this interdependence may continue to benefit its citizens and visitors. 3 2. To allow for the development of public and private property which is in harmony with the desired character of the Town as defined by the guidelines herein provided. 3. To prevent the unnecessary destruction or blighting of the natural landscape. 4. To ensure that the architectural design, location, configuration materials, colors, and overall treatment of built-up and open spaces have been designed so that they relate harmoniously to the natural landforms and native vegetation, the Town's overall appearance, with surrounding development and with officially approved plans or guidelines, if any, for the areas in which the structures are proposed to be located. 5. To protect neighboring property owners and users by making sure that reasonable provision has been made for such matters as pedestrian and vehicular traffic, surface water drainage, sound and sight buffers, the preservation of light and air, and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. (Ord. 39(1983) § 1) VI. DISCUSSION As stated in section IV of this memorandum, Lot 5, Block 9, Vail Intermountain was platted by virtue of the Vail Intermountain Development Subdivision, Block 9, Final Plat, in 1972. It is a "build-able" lot with average slopes in excess thirty percent (30%) and therefore fifteen percent (15%), or 6,069 square feet of permissible site coverage, and 6,623 of allowable GRFA. The applicant is proposing to build a structure encompassing 2,692 square feet (7%) of site coverage and 4,513 square feet of GRFA, within the front and side setbacks due to the excessive slope of the lot, the awkward shape of the lot, and the significant stands of mature trees on the upper portions of the lot. Pursuant to section 12-21-14.K, Vail Town Code, there is no front setback for garages on slopes in excess of thirty percent (30%), thereby encouraging owners of steep, platted lots to cluster residences as close to the access route as possible. Similarly, section 10 of Chapter 14, Development Standards Handbook, Vail Town Code, speaks to limiting the removal of trees to only those "essential for the development of the site or those identified as diseased." The applicant designed the proposed structure in response to the limitations of the site, which resulted in the four trees in question being inside the proposed building envelope. Given the topography of this platted lot and the stands of large, mature trees throughout its nearly one acre of area, there are minimal options for development. The trees in question (Attachments E & F) could have been brought to the attention of the appellant at the site visit for conceptual review on March 3, 2004, thereby giving the appellant adequate time to address said trees on a revised landscape plan or redesign his plans accordingly prior to receiving the granted variances and applying for a final DRB decision. VII. STAFF RECOMMENDATION The Community Development Department recommends that the Town Couhcil overturns the Design Review Board's denial of the appellant's Design Review application in accordance with Sub-section 12-3-3-C5, Vail Town Code, subject to the following findings: 4 That the standards and conditions imposed by the requirements of Title 12 (Zoning Regulations) have not been enforced correctly by the Design Review Board, pursuant to section 12-11-4-B.2.b, Vail Town Code. 2. That because the appellant was not alerted at conceptual review of the concern over the subject trees, considerable time and expense was exerted toward a final Design Review application that was subsequently denied. 3. That the trees in question are four mature spruce ranging in diameter from approximately one foot to in excess of two feet, and range in height between 40 and 60 feet, and which are required to be replaced in conjunction with a revised landscape plan depicting six new spruce trees of at least 20 feet in height. VIII. ATTACHMENTS A. April 12, 2004 PEC memo regarding variances B. Appellant's appeal form and letter D. Public notice and list of notified properties E. Photos of the site. F. Reduced site plan/survey 5 Attachment: A MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 12, 2004 SUBJECT: A request for final review of a variance pursuant to Section 12-6D-6, Setbacks, Vail Town Code, to allow for a new primary/secondary residence to encroach into the front and side setbacks and a variance from Chapter 10, Off-street Parking and Loading, Vail Town Code, to allow for required parking to be located within the public right-of-way, located at 2830 Basingdale Blvd./Lot 5, Block 9, Vail Intermountain, and setting forth details in regard thereto. Applicant: W.L. Broer Construction, represented by Peter Cope Planner: Matt Gennett I. SUMMARY The applicant's request involves the construction of a new two-family residence within the front and side setbacks of the Two-Family Primary/Secondary (PS) residential zone district, in addition to locating required parking spaces within the Town of Vail (TOV), Basingdale Boulevard right-of-way. The proposed structure is to encompass 4,513 square feet of GRFA and the surveyed lot size of the subject property is 40,463 square feet with slopes exceeding 30%. The applicant is proposing to build within the front and side setbacks due to the excessive slope of the lot, the awkward shape of the lot, and the significant stands of mature trees on the upper portions of the lot. Based upon the criteria and findings in Section VIII of this memorandum, staff is recommending approval, with conditions, of the applicant's variance request. I1. DESCRIPTION OF REQUEST The applicant is requesting to build a 4,513 square foot; two-family primary/secondary home located fourteen feet (14') into the front setback and nine feet (9') into the easterly side setback, with three parking spaces located in the TOV right-of-way (Attachment C). Of the 4,513 square feet of GRFA, approximately 800 square feet is proposed to be built within the front and side setbacks. Two of the three parking spaces to be located within the TOVright- of-way are required spaces for the proposed secondary unit. The applicant has located the proposed residence on the subject site in a manner that responds to the severe slope of the property, significant stands of trees, and the awkward shape of the lot itself (Attachment C).. The applicant's proposal calls for situating GRFA in the front and side setbacks on four different levels of the proposed structure, as depicted on the attached floor plans (Attachment B). ~~~,, ,~,, yi TOWN O~ YAIL III. BACKGROUND In August of 1972, Lot 5, Block 9, Vail Intermountain was platted by virtue of the Vail Intermountain Development Subdivision, Block 9, Final Plat. In October of 1981, a Design Review Board (DRB) application was approved for a primary/secondary residence with a total GRFA of 2,583 square feet that was never constructed. In March of 2004, the applicant brought a version of the current proposal to the DRB for a conceptual review. IV. REVIEWING BOARD ROLES A. The Planning and Environmental Commission is responsible for evaluating a proposal for. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this Title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. B. The DRB has NO review authority on a variance, but must review any accompanying DRB application. C. Town Council Actions of Design Review Board or Planning and Environmental Commission maybe appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. D. Staff The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memorandum containing background on the property and provides a staff evaluation of the project with respect to the required criteria and 2 findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPICABLE PLANNING DOCUNMENTS 12-6D-1: PURPOSE: The two-family primary/secondary residential district is intended to provide sites for single-family residential uses or two-family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same district. The two-family primary/secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. 12-6D-6: SETBACKS: In the primary/secondary residential district, the minimum front setback shall be twenty feet (20'), the minimum side setback shall be fifteen feet (15'), and the minimum rear setback shall be fifteen feet (15'). 12-17-1: PURPOSE: A. Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. B. Development Standards Excepted: Variances may be granted only with respect to the development standards prescribed for each district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements; or with respect to the provisions of chapter 11 of this title, governing physical development on a site. C. Use Regulations Not Affected: The power to grant variances does not extend to the use regulations prescribed for each district because the flexibility necessary to avoid results inconsistent with the objectives of this title is provided by chapter 16, "Conditional Use Permits", and by section 12-3-7, "Amendment" of this title. VI. SITE ANALYSIS Lot 5, Block 9, Vail Intermountain Lot Size: 40,463 square feet / 0.928 acres 3 Zoning: Hazards: Standard Setbacks: Front: Sides: Rear: Height: GRFA: Site Coverage: Density: Two-Family Primary/Secondary Residential (PS) Slopes in excess of 30% Landscape Area: Parking Allowed/Required Existin Proposed 20 ft. n/a 6 ft. 15 ft. (east) n/a 11 ft. 15 ft. (west) n/a 15 ft. 15 ft. n/a 145 ft. 33 ft. 0 ft. 33 ft. 6,623 sq. ft. 0 sq. ft. 4,513 sq. ft. 6,069 sq. ft. (15%) 0 sq ft 2 DUs per lot 0 DUs 60%.(24,278 sq. ft.) 0 5 (2 enclosed) 0 Surrounding land uses and Zoning: North: Residential South: Residential East: Public Utility West: Residential VII CRITERIA AND FINDINGS 2,692 sq. ft. (7%) 2 DUs per,40,463 sq. ft. 89% (36,012 sq. ft.) 6 (3 enclosed) Zoning Two-Family Primary/Secondary (PS) Two-Family Primary/Secondary (PS) Two-Family Primary/Secondary (PS) Two-Family Primary/Secondary (PS) A. Consideration of Factors Regarding the Variances: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff believes the configuration and placement of the proposed new residence are consistent with many of the neighboring structures in that part of Intermountain and the Two-Family Primary/Secondary Residential Zone District. Nearly all of the lots on the uphill side of Basingdale Boulevard, both vacant and built upon, are very steep and covered with stands oof mature trees. There are a significant number of existing residences on Basingdale Boulevard that exhibit encroachments into the front and side setbacks. By virtue of the fact that those residences encroach into the front setback, some of the required parking must be located within the TOC right-of-way for Basingdale Boulevard. Thus, the requested variances. are in keeping with existing uses and structures, as well as potential uses and structures in the vicinity. 2. The degree td,which relief from the strict and literal interpretation and 4 enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Staff believes the request is somewhat excessive with respect to the amount of GRFA and building bulk and mass located within the front setback on four separate floors. Other options exist to reposition the living spaces on the upper floors of the structure in a manner that reduces the substantial amount of GRFA in the front setback. While staff believes there is a distinct need for relief from the strict, literal interpretation and enforcement of the specified regulations; it is staff's belief that since this is new construction, there are many opportunities to minimize the extent to which relief is being sought. The conditions of approval listed in Section IX of this memorandum speak to the other alternatives for a design that decreases the amount of living space in the front setback. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Given the configuration of the proposed structure and the stacking of the floors in the front setback, there may be a negative effect on elements such as public facilities, light and air, that can be avoided with a different design. As can be discerned from the Lower Level Floor Plan (attachment B), there is an opportunity to slide some of the GRFA back to rear portions of that level where the crawlspaces are currently proposed. On the Upper Level Floor Plan (attachment B), the Bath, Closet, and Bedroom 4 could all be slid back over the area that is labeled "Open To Below". Again, since this is new construction, there are opportunities to minimize the amount of GRFA, and building bulk and mass that must occupy space in the front setback. Additionally, since there exists today a pump house on the adjacent parcel to the east and the applicant is asking for a variance to encroach into that side setback which may negatively affect that public utility. The pump house serves as a "burp valve" for a natural gas line and is approximately three feet (3') from the eastern side property line of the applicant's lot. The pump house preexists the platting of Block 9, Intermountain Subdivision, and is an established use that serves a distinct public need. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. The Design Review Board (DRB) did a conceptual review of the proposed structure at its regularly scheduled public hearing held on March 22, 2004. While the DRB did not have any factual comments based on a complete set of plans, as it was only a conceptual review, they did like the general architectural design and character of the proposed structure B~ The Planning and Environmental Commission shall make the following findings before granting a variance: , 5 That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. VIII. STAFF RECOMMENDATION. The Community Development Department recommends approval, with conditions of the requested variances, subject to the criteria outlined in Section V of this memorandum and the following findings: That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. 6 Should the Planning and Environmental Commission choose to deny the variance request, the following findings and conditions must be made: That the strict, literal interpretation or enforcement of the setback regulation does not result in a practical difficulty or unnecessary physical hardship inconsistent with the development objectives of the Town Code or the Primary/Secondary Residential Zone District. 2. That the strict interpretation or enforcement of the specified regulation would not deprive the applicant of privileges enjoyed by the owners of other properties in the same district. 3. That the requested variance deviates from the provisions of the Primary/Secondary Residential Zone District regulations more than is necessary to achieve a practical solution to the applicant's objectives. 4. There are no exceptions nor extraordinary circumstances or conditions applicable to the site that do not apply generally to other properties in the same zone. 5. That the granting of the variance would be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. Conditions: That the applicant submit revised plans reducing the 800 square feet of GRFA currently proposed within the front and side setbacks by 400 square feet prior to final review by the DRB. IX. .ATTACHMENTS A. Vicinity Map B. Reduced Architectural Floor Plans C. Reduced Site Plan D. Public Notice E. Applicant's Request 7 Attachment: B _--_`~ 7 ~ ~ `~ Appeals Form R E C E # +d ~ G eta n°, } ' ~ ~~ I De artment of Communi Develo ment ~~~~ + T,{~T r~ ~~,., I P tY P ~ g~ ~E:j~~f TOVVIV OF UAIL 75 South Frontage Road, Vail, Colorado 81657 te1:970.479.2139 fax: 970.479.2452 web: www.vailgov.com " General Information: This form is required for filing an appeal of a Staff, Design Review Board, or Planning and Environmental Commission action/decision. A complete form and associated requirements must be submitted to the Community Development Department within twenty.(20) business days of the disputed action/decision. Action/Decision being appealed: FINAL REVIEW DENIAL Date of Action/Decision: MA"( 19 ~ Board or Staff person rendering action/decision: t7ES-ffN ~~yiFW 8o~4RD Does this appeal involve a specific parcel of land? (yes (no) If yes, are you an adjacent property owner? (yes) (no Name of Appellant(s): _ _Pe+er Copt Mailing Address: Po aaz 182 yA1L ~~ 4(65$ Phone: LI~-q - 9S3(L / ,39 D - 210(0 Physical Address in Vail: ~.q32 4'SirLLFLoW~'R bR Legal Description of Appellant(s) Properly in Vail: Lot:~Block:~ Subdivision:_LNtERMOUN'TAtN Appellant(s) Signature(s): (Attach a list of signatures if more space is required). Submittal Requirements: 1. On a separate sheet or separate sheets of paper, provide a detailed explanation of how you are an "aggrieved or adversely affected person". Z. On a separate sheet or separate sheets of paper, specify the precise nature of the appeal. Please cite specific code sections having relevance to the action being appealed. 3. Provide a list of names and addresses (both mailing and physical addresses in Vail) of all owners of property who are the subject of the appeal and all adjacent property owners (including owners whose properties are separated from the subject property by a right-of-way, stream, or other intervening barrier). 4. Provide stamped, addressed envelopes for each property owner listed in (3.). PLEASE SUBMIT THIS FORM AND ALL SUBMITTAL REQUIREMENTS T0: TOW750SOUTH FRONTAGE ROdp, VAOIL, COLD DO 8 657.ENT, RECD MAY 2 3 2004 For Office Use Only: /~. Date Received: S ^ ~ Z d ' ~ ~ Activity No.: ' ` D /n d ~ D O~ Planner:/,~;, - i? V ~.1/LN.G ~ .Project No.: 1 d ~- ~ 3 sers c ev ppea s. oc _ Attachment: C On May 19''' the DRB denied my final review of a new primary/ secondary residence at 2830 Basingdale Boulevard. The motion to deny is due to a tree that DRB does not want removed. This appeal maintains there are several reasons the tree should be removed. On March 17"' I attended my conceptual meeting with the DRB. That same day, prior to the meeting, the board members had a site visit. According to Vail Town Code Section 12-11-4 "the purpose of this conference is to permit the applicant and the staff to review informally the proposal, before substantial commitments of time and money are made." Topics of discussion are listed as well. Section A-1 specifically mentions addressing "the characteristics of the site... significant natural and man made features." During the conceptual meeting I provided the board with copies of my site plan. Bill Pierce commented -"We like what you have going on here architecturally, but we are not going to vote until your variances are in place". There was never any mention of trees at all. On April 12 `~, I obtained an approval for three variances from the PEC Sectionl2- 6D-6, Setbacks, Vail Town Code, and a variance from Chapter 10, off street parking and Loading, Vail Town Code, to allow for required parking to be located within the public right-of-way. This was approved with three conditions, which have been met. I worked with Matt Gennett, planner II and .George Ruther, Chief of Planning of the Community Development Department to achieve a design meeting with their approval. With their recommendations, Iredesigned and adjusted the footprint until I arrived at the approved design. This design, approved by the PEC obviously necessitated the removal of the tree. Section 12-17-6 "Criteria and Findings" states the factors considered in such an approval. Section A-3 refers to the "affects on light and air"; Section B-2 refers to "public welfare and property injury." The variances were obtained because of findings made by the PEC that the design was satisfactory with respect to many factors, including the affects on light and air and public welfare and property injury. Are we not under the obligation to adhere to the approval of the PEC, an experienced committee designed to review environmental issues as stated under Vail Town Code 3-2-6? On May 5"' I attended my final review hearing with the DRB. Prior to this meeting, the DRB had their second site visit. At this meeting, my project was tabled due to the aforementioned tree. Abruptly, the site plan deemed appropriate by the PEC for this difficult site and the route they encouraged me to take was under question. The DRB should have raised the issue of the tree at the conceptual meeting rather than so late in the approval process. I have had formal training as a draftsman and builder. I have 18 years of experience in crafting all aspects of a home. I have spent long hours considering the complexities of this lots access and steepness. I find it necessary to remove the tree for several reasons. My first concern is fire. In these times of drought we are reminded daily of the dangers of forest fire. Under Eagle County regulations defensible space extends 15 ft from the edge of a structure (including any eaves or decks). All trees should be removed from this space. Vail Town Code 12-1-2 states the purpose of zoning regulations is to "secure safety from fire... and other dangerous conditions." Perhaps these "dangerous conditions" would also include the drastic excavation around the tree necessary to implement a design attempting to keep the tree. Safety must be considered. According to a local certified arborist the removal of the stabilizing root system on the western and southern side of the tree (the northern side is already exposed due to road expansion) may result in either tree death or instability. Both scenarios conclude in a beautiful but towering menace to homeowner and passing public. This is a liability issue. Who is liable, the property owner or the committee that forced a dangerous conservation attempt? Design Review is guided by Vail Town Code Section 12-11-1 "to recognize the interdependence of the public welfare and aesthetics". I too embrace the concept of "preserving and protecting desirable natural features". (Code 12- 1-2) However, this must be done with great care and objectivity. At no time should we ignore our duty to safeguard the population, our neighbors and friends. The DRB is also guided by Code Section 12-11-1 "to prevent the...blighting of the natural landscape". This was particularly evident in the variances obtained. In our design, we sacrificed one tree in front of the house, but a hillside greenbelt of native vegetation behind the structure is left unscathed. I am a small business owner. I own and reside with my wife and two small children at 2932 Bellflower Drive, a mere block away from the building site in question. We have roots here and a vision for the future of our business, our community and our neighborhood. We have a priority to uphold the standard you and prospective clients desire. We are hyper-aware of the impact of design and landscape. The home proposed is purposely 2000 square feet smaller than the maximum GRFA. It is centered in regard to its neighbors and pushed forward as far as could be allowed to alleviate damage to the hillside habitat behind the house. We have taken risk, labored over 250 hours and spent a substantial amount of money in order to rise to the challenge of an entrepreneurial opportunity. The delay of this project has affected my entire family. For the DRB to infer I should return to the beginning of the design process at the final meeting is inefficient and vitally destructive to our livelihood. Living in the mountains, we are afforded a very short building season. This delay could render the entire project financially unfeasible if pushed to a winter build. As a very experienced builder, I fully appreciate the importance of the gardens and natural flora surrounding my creation. It is critical and necessary. The key to 2830 Basingdale's insignificant impact to the environment is the classic architectural style and landscape design that includes strategic replanting of indigenous trees and gardens. Therefore, the logical solution in this instance is to promote our goal to enhance the town and maintain a high quality of living by concentrating on post construction naturalization. Thank you for your time and consideration concerning this matter. Peter Cope Attachment: D TOWNOF~ IA;Z THIS ITEM MAY EFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing. in accordance with Section 12-3-3 of the Municipal Code of the Town of Vail on Tuesday, June 15, 2004, at 6:00 PM in the Town of Vail Municipal Building. In consideration of: ITEM/TOPIC: An appeal of the Town of Vail Design Review Board's denial of a design review application, pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a new single-family residence, located at 2830 Basingdale Blvd./Lot 5, Block 9, Vail Intermountain, and setting forth details in regard thereto. Appellant: Peter Cope Planner: Matt Gennett The applications and information about the proposals are available for public inspection :during regular office hours in the project planner's office located at the Town of Vail Community .Development Department, 75 South Frontage Road. .Sign language interpretation available upon request with 24 hour notification. Please call 479-2114 voice or 479-2356 TDD for information. PROPERTY OWNERS LOT 3 BLOCK 3 Joseph E. & Catharine S. Cheney P.O. Box 1094 Vail 81658 (2754 Basingdale Blvd) LOT 0 BLOCK 3 Public Service Co. J.R. Birrell 550 15`~ St Denver 80202 or 1225 17"' St Suite 2100 Denver 80202 (Gas House) LOT 4 BLOCK 9 Daniel J. Frederick 2840 Basingdale Blvd Vail 81657 ' (2840 Basindale Blvd) LOT 2 BLOCK 8 Michael C. Callas & Kimberly M. Walker 2801 Basingdale Blvd Vail 81657 (2801 Basingdale Blvd) LOT 7 BLOCK 9 Bruce F. Yim & Rebecca Ellen 2845B Snowberry Dr Vail 81657 (284-SB Snowberry Dr) LOT 7 BLOCK 9 Christopher Erving 2845A Snowberry Dr Vail 81657 (2845A Snowberry Dr) LOT 8 BLOCK 9 Christopher G. & Mary. M. Ball 2835 Snowberry Dr. Vail 81657 (2835 Snowberry Dr.) LOT 9 BLOCK 9 Dante's Builders P.O. Box 4015 Avon 81620 (2801 Snowberry Dr) LOT 11 BLOCK 9 Johanes Faessler 20 Vail Road Vail 81657 (2700 Larkspur Court) LOT 6 BLOCK 3 Kathleen A. Mauzy 2702 Larkspur Court Vail 81657 (2702 Larkspur Court *physical address is in parenthesis L_ . ~_.:`: j: ~~~t S ti "1 T'~ ~,: ,~_,4 .~ ,^; .-~-rT."S] S t N ,, 3 L i b`.:E L rf T"f ~ _~ K-> z _ t ~ ~ ~ ~ ~ ~,-:~ ;.~~~ ~ fr va~'4~'~' ra " ~ t ,~ ~,~ a ~,g ,ti r 4 k~J~ ~b rmt~ P: ~r ~ j , 1„~ ~,} ~ . s ~~ ~ ,, .~, a, t ~3 ; .~ ~t ~ ~' F z R ~~ ~'~ ~S win :~ ~' .~ ~ ;e. F+WWa .~-~ ~Gb~.FV i _ ~. 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"PAR 7aa9' ~ ~ \ // ,,F, .. r. ~,, `~~® /.~~Y~ SEUER 780 0 -\. ¢ ~ 7e6~ ] ~ I$~ SETBACK ~ `'• .. - : °' ~ i ~`-~I ~• ~ ~\ its, 7:~.9 ~s7cvERHEa EEc'LTRIC • ''~,~~ i....fy ~y~//\~\~~ \ ~ oL if /. " \EU(;E OF RNEI LENT - -- ~, 4! STORAGE ( , ' UTILITY-8~~~ ~~~ POLE (,'''mil ~ ~ f-i:~.i•!hl:,::'C:~ f;:U /~ t V EN'OtRGP/!t`~lL"-i•1171L +_Cv-1,v13SI0N ~,I L6 ..' ! . i I~e:A 10 ' ~. ~y,., \ ~' _ ~O q /~[ KcRB ~ y,-i \. i ~ j II ~pP +~79yy5~ 1 ~p~\C, - ~4'G /~~ilcnTEC CONC. PAN " r.~ o~~ crveur Yy~ ~~~ '~ °0 283 D V. D I .r .L ~~ t .1. MEMORANDUM TO: Vail Town Council FROM: Department of Community Development DATE: June 15, 2004 SUBJECT: An appeal of the Town of Vail Design Review Board's approval of a design review application pursuant to Section 12-11, Design Review, Vail Town Code, to allow for site improvements to an existing residence, located at 4269 Nugget Lane/Lot 3, Bighorn Estate Resubdivision of Lots 10 and 11, and setting forth details in regard thereto. Appellant: Robert L. Kandell, MD Planner: Warren Campbell I. SUBJECT PROPERTY The subject property is a duplex residence located at 4269 Nugget Lane/Lot 3, Bighorn Estate Resubdivision of Lots 10 and 11. The appellant, Robert L. Kandell, MD, resident of 4259 Nugget Lane, is appealing the May 5, 2004, approval of site improvements proposing to construct a rear patio at 4269 Nugget Lane. STANDING OF APPELLANT The appellant, Robert L. Kandell, MD, has standing to file an appeal as the .adjacent property owner to 4269 Nugget Lane. . II1. REQUIRED ACTION The Town Council shall uphold, overturn, or modify the Design Review Board approval of a design review application pursuant to Section 12-11, Design Review, Vail Town Code, to allow for site improvements to an existing residence, located at 4269 Nugget Lane/Lot 3, Bighorn Estate Resubdivision of Lots 10 and 11, and setting forth details in regard thereto. Pursuant to Sub-section 12-3-3-C5, Vail Town Code, the Town Council is required to make findings of fact in accordance with the Vail Town Code: "The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title (Zoning Regulations, Title 12) have or have not been met. " IV. BACKGROUND On May 5, 2004, the Design Review Board reviewed and approved a design review application, pursuant to Section 12-11, Design Review, Vail Town Code, to allow for site improvements to an existing residence, located at 4269 Nugget Lane by a vote of 4-0 with conditions. The site improvements included a new parking area, new front deck; new rear patio, and landscaping at the front of the home. A copy of the plans and the Design Review Action Form is attached listing the conditions of approval (Attachment A). At the May 5, 2004, Design Review Board meeting a letter from the appellant dated May 4, 2004, was presented to the members of the Board (Attachment B). In summary, that letter expressed concern over the need for the McCue's, owners of 4269 Nugget Lane, to install a landscaping screen in conjunction with a proposed patio at the rear of the home to insure privacy for Mr. Kandel's home. The Design Review Board considered the letter, visited the site, and concluded that the addition of trees to area at the rear of the two homes would not be necessary as there are numerous large trees in the area along the Gore Creek and any new trees would only grow into the canopies of the trees above. In Dr. Kandell's letter he makes reference to a situation he was involved in back 1992-1993, which concluded in an appeal to Town Council on June 1, 1993. On June 1, 1993, the appellant, Mr. Kandell, was before the Town Council appealing his Planning and Environmental Commission and Design Review Board approvals regarding a deck he constructed without any Town approval. A condition of both the Planning and Environmental Commission and the Design Review Board approvals was that five evergreen trees ranging from 10 to 12 feet in height be installed along the property line shared with 4269 Nugget Lane. This condition was a result of the location of the deck within the side setback for which the Planning and Environmental Commission approved a variance to allow the deck.to encroach five feet further into the setback than permitted by the Code. The Town Council voted unanimouslyto uphold the approvals of the Planning and Environmental Commission and the Design Review Board. Dr. Kandell chose to remove his deck versus complying with the condition of approvals to plant five evergreen trees. It is this situation for which Dr. Kandell believes that his neighbors, Robert and Harriet McCue, should be required to plant evergreen trees to screen his property. The application submitted by the McCue's was approved on May 5, 2004, as the Design Review Board found that all the provisions of Section 12-11, Design Review, Vail Town Code were satisfied. On May 25, 2004, the appellant filed an appeals form to appeal the Design Review Board's approval of the application to perform site improvements to 4269 Nugget Lane. The appeals form and letter from the appellant are included for reference (Attachments C and D). V. APPLICABLE REGULATIONS OF THE TOWN CODE Section 12-3 Administration and Enforcement (in part) Section 12-3-3: Appeals. (in part) C. Appeal Of Planning And Environmental Commission Decisions And Design Review Board Decisions: 1. Authority: The Town Council shall have the authority to hear and decide appeals from any decision, determination or interpretation by the Planning and ~ Environmental Commission or the Design Review Board with respect to the provisions of this Title and the standards and procedures hereinafter set forth. 2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or 2 any aggrieved or adversely affected person from any order, decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect to this Title. "Aggrieved or adversely affected person" means any person who will suffer an adverse effect to an interest protected or furthered by this Title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The Administrator shall determine the standing of an appellant. If the appellant objects to the Administrator's determination of standing, the Town Council shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the Town Council determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. The Town Council may also call up a decision of the Planning and Environmental Commission or the Design Review Board by a majority vote of those Council members present. 3. Procedures: A written notice of appeal must be filed with the Administrator within twenty (20) calendar days of the Planning and Environmental Commission's decision or the Design Review Board's decision becoming final. If the last day for filing an appeal falls on a Saturday, Sunday, or aTown-observed holiday, the last day for filing an appeal shall be extended to the next business day. Such notice shall be accompanied by the name and addresses (person's mailing and property's physical) of the appellant, applicant, property owner, and adjacent property owners (the list of property owners within a condominium project shall be satisfied by listing the addresses for the managing agent or the board of directors of the condominium association) as well as specific and articulate reasons for the appeal on forms provided by the Town. The filing of such notice of appeal will require the Planning and Environmental Commission or the Design Review Board to forward to the Town Council at the next regularly scheduled meeting a summary of all records concerning the subject matter of the appeal and to send written notice to the appellant, applicant, property owner, and adjacent property owners (notification within a condominium project shall be satisfied by notifying the managing agent or the board of directors of the condominium association) at least fifteen (15) calendar days prior to the hearing. A hearing shall be scheduled to be heard before the Town Council on the appeal within forty (40) calendar days of the appeal being filed. The Town Council may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional thirty (30) calendar days. Failure to file such appeal shall constitute a waiver of any rights under this Chapter to appeal any interpretation or determination made by the Planning and Environmental Commission or the Design Review Board. 4. Effect Of Filing An Appeal: The filing of a notice of appeal shall stay all permit activity and any proceedings in furtherance of the action appealed unless the administrative official rendering such decision, determination or interpretation certifies in writing to the Town Council and the appellant that a stay poses an imminent peril to life or property, in which case the appeal shall not stay further permit activity and any proceedings. The Town Council shall review such certification and grant or deny a stay'of the proceedings. Such determination shall be made at the next regularly scheduled meeting of the Town Council. 3 5. Findings: The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Title have or have not been met. Section 12-11 Design Review (in part) 12-11-1: INTENT: A. Attractive Attributes Recognized: Vail is a Town with a unique natural setting, internationally known for its natural beauty, alpine environment, and the compatibility of manmade structures with the environment. These characteristics have caused a significant number of visitors to come to Vail with many visitors eventually becoming permanent residents participating in community life. B. Area Character Protection: These factors constitute an important economic base for the Town, both for those who earn their living here and for those who view the Town as a precious physical possession. The Town Council finds that new development and redevelopment can have a substantial impact on the character of an area in which it is located. Some harmful effects of one land use upon another can be prevented through zoning, subdivision controls, and building codes. Other aspects of development are more subtle and less amenable to exact rules put into operation without regard to specific development proposals. Among these are the general form of the land before and after development, the spatial relationships of structures and open spaces to land uses within the vicinity and the Town, and the appearance of buildings and open spaces as they contribute to the area as it is being developed and redeveloped. In order to provide for the timely exercise of judgment in the public interest in the evaluation of the design of new development and redevelopment, the Town Council has created a Design Review Board (DRB) and design criteria. C. Design Review: Therefore, in order to preserve the natural beauty of the Town and its setting, to protect the welfare of the community, to maintain the values created in the community, to protect and enhance land and property, for the promotion of health, safety, and general welfare in the community, and to attain the objectives set out in this Section; the improvement or alteration of open space, exterior design of all new development, and all modifications to existing development shall be subject to design review as specified in this Chapter. D. Guidelines: It is the intent of these guidelines to leave as much design freedom as possible to the individual designer while at the same time maintaining the remarkable natural beauty of the area by creating structures which are designed to complement both their individual sites and surroundings. The objectives of design review shall be as follows: 1. To recognize the interdependence of the public welfare and aesthetics, and to provide a method by which this interdependence may continue to benefit its citizens and visitors. 2. To allow for the development of public and private property which is in harmony with the desired character of the Town as defined by the guidelines herein provided. 4 3. To prevent the unnecessary destruction or blighting of the natural landscape. 4. To ensure that the architectural design, location, configuration materials, colors, and overall treatment of built-up and open spaces have been designed so that they relate harmoniously to the natural landforms and native vegetation, the Town's overall appearance, with surrounding development and with officially approved plans or guidelines, if any, for the areas in which the structures are proposed to be located. 5. To protect neighboring property owners and users by making sure that reasonable provision has been made for such matters as pedestrian and vehicular traffic, surface water drainage, sound and sight buffers, the preservation of light and air, and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. (Ord. 39(1983) § 1) VI. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council upholds the Design Review Board's approval pursuant to Section 12-11, Design Review, Vail Town Code, to allow for site improvements to an existing residence, located at 4269 Nugget Lane/Lot 3, Bighorn Estate Resubdivision of Lots 10 and 11, subject to the findings in Section VI of the staff memorandum dated June 15, 2004, subject to the following finding: That the standards and conditions imposed by the requirements of Title 12 (Zoning Regulations) have been enforced correctly by the Design Review Board. VII. ATTACHMENTS A. May 5, 2004, Design Review Board Action Form and a copy of the reduced plans B. May 4, 2004, letter from Appellant to the Design Review Board C. Appellant's appeal form D. Letter from the appellant E. Public notice and list of notified properties 5 :'' ~~ _ ~ ; ~~. ~~ TOWN OF VA.I.~ Project Name: MCCUE ADDITION Project Description: Participants: DRB Number: DRB040116 FINAL APPROVAL OF PARKING, LANDSCAPING HARDSCAPING, INTERIOR CONVERSION, AND MINOR ARCHITECTUAL CHANGES (NEW WINDOWS/DOORS) OWNER MCCUE, ROBERT & HARRIET 04/08/2004 Phone: 4269 NUGGET LN VAIL CO 8.1657 .License: APPLICANT MAURIELLO PLANNING GROUP, LL04/08/2004 Phone: PO' BOX 4058 EDWARDS CO 81632 License: Project Address: 4269 NUGGET LN VAIL Location: Legal Description: Lot: 3 Block: Subdivision: BIGHORN ESTATES TOWNHOUS Parcel Number: 210112306005 Comments: See Conditions Motion By: Rogers Second By: Hanlon Vote: 4-0 Conditions: Action: APPROVED Date of Approval: 05/05/2004 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 0 (PLAN): DRB approval does not constitute a permit for building. Please consult with Town of Vail Building personnel prior to construction activities. Cond: 201 DRB approval shall not become valid for 20 days following the date of approval. Cond: 202 Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. Cond: CON0006420 Design Review BOard ~4CTI0 N FO RNI Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 te1:970.479.2139 fax: 970.479.2452 web: www.ci.vail.co.us BOARD/STAFF ACTION Attachment: A The applicant shall complete the proposed Phase I improvements as submitted by no later than October 1, 2004, with the following corrections: a minimum of a 1 foot wide space shall be provided between the pine tree and the driveway, rear patio deck surfaces shall be compatible and comparable to the patio surfaces on the adjoining unit, and the dirt along the stream bank shall be hauled off the site. Planner: George Ruther DRB Fee Paid: $300.00 \~ E: :~ i'~ ~,j i 1 1 \ ~' ~, • ~ ,~~, ~~_ +I ~II ~ ~ ! li ~I` - 1 F P 0 a a ________________J - ~ Q t LL ~ ^ O •N 8 9 ~i C SHEET INDEX L McCue Residence addition "~' ~ r',~,,. ~ de5i n sho m Lot 3, Bighorn SubdiJision, ~~ ~~' 34999 Highway 6, Unit G201 Fourth Addition PO Box 4221 ~ 4269 Nugget Lane Edwards, G0.81632 Vail, GO 81657 tel - 9?0-390-4931 ~ fax - 9"i0-390-4931 a •~. u v V DRB Submission A~rii 12, 2004 _... ... ~ . ~, j . ~ - ~ ~ ~ ~ ~ / /\ \ ~ LOT ] / _~ ~ .erM.e„~ / / ~~ ' ~ / ~ Rp~ S60 ~ GRAPHIC SCALE ` ~ ,(Yy s ... YJb / ~ ~ / b ~iih hw ~ ~~~ \ 1 men -mio M1 ' i / '~ / ~- .j % ~e /\ ~ \ fr ~ ~./ / ~~~ ~_.~.. L/ _ / ~ LOT 2 ~ ,G e. 3rr^::yai~_..' .. .~~L / .._ 14. ~.. ~...,~,..a.+,.. ,„~.~.'n ...~ j / .~,d ..,,, / .,,, e,~~ `~ / o,.<.~~,~,.,~. ~.>,.. .art. K,..... ~.,.r„ , \/ ,.,; ~.'~ ~yU/ ' n .. mil, ~: M ..«,. ,,... Nu....,. / ~~ ~. ~,;)^/~ ~ ~/ e-i< LOT 4 / ' \ ter` N)7'{Y00"W - 36.2fi'` ~ srao ..~/ ,•~le~ \ 1 ~ N.. tu~~.~i~.r.~ \ \ \ .~.. 4e a qNE ._.. \ .. , t ~. 9 ` ~ `tee . ~ ,` e PARTIAL TOPOCRAPIIIC MAP c \ .. LOT 0. BIGHORN ESTATES ~ A RESUBDIVISION OF COTS 10 S ] I k ~~t~4~ W ~ I ~ TOt<N OF Vall. 5 ~ ~ EAGLE COUNTY, COLORh00 ~ bn~w . _ ~ IIn2~ 0J%-~/ne nlS'.n:l,/: i'E] SH![I IIOST ' ~.. ..: .:. 1 ~ ~2-,MAIN LEVEL FLOOR PLAN '• LOWER LEVEL FLOOR PLAN 1 ~..,e O 'v § s ~ °~~~ ~s~~ v = ~s o=~ N t~,,PP m LL f ~ u m a 3"s v ias~e ome ~.~ ern nNn Levd fba~ flw A2.1 `~ - .. _ _ If ------------- - _ , I I~ I I~ II I MA Yh II LI___ __ __________ L1~__. II- II II I1 II II 11.u,. 'fi.....r ,:.~ II ~ II I I I I ~ ~ -I . l ~{.'L ' CJJJ I i W ll ,, ~ J , ILLI °+57' UuL ~ II ~1 tl J ~ I I ~ ~ u II .A;u -~H ~h._ II ~ ' J ' I ' r.J ~' ,59 ' u I ~ u I hl I I' LL ~°E' I ~ I. , Il J I ~I l I I ,I w I ..~, , 4Zn ' :r ~ ' ` a ~ yI I I ~ wJ~ry ~J ILLI Il J L it 1L I'~ LL p lu I II - ~ C ~ l ~ }'- I y f ~ it U III elLL 1 u L~~J u ~ ~J IlLL I ti' I ~ li~l ~ ,~`~ ,'~I', , ~u' dam' I h L LL ~L~ ~I LI~p ~I~Jg _ IJi JILL J . ~ llkll!t!I:d! L1, I ~ a I ~ JL ~JLI I i ~ ~ ROOF PLAN ~ SUPPER LEVEL FLOOR PLAN i. ~:. .. ~.:::.: ,:..:;. ~.:::. I`:.: U n I. ;. ry _R ~ P O ~ mo L §Fp~6 ~..: .. ~ oa c3~I~ ~~~OU' In id 3v P LLJ O A2.2 '~ , y~.4:.,.,,. --- ----- ---------------- t ~k....~,~ ~ , I 1 ; ~ yryP `~ ~ I ) ~ ~ O MAY - 4- 0 4 T U E 1 9 4 7 Rob i n L i L w i n P 0 1 Robert L. Kandell, MD 4259 Nugget Lane Vail, CO 8'!657 (970) 476-0398 May 4, 2004 To: The Vail Design Review Board From; Robert !". Kandell, MD I am Bob McCue's direct neighbor at 4259 Nugget Lane, Vail, Colorado. First let me state that I have no objection to Bob McCue's proposed additions and changes that he wishes to make on his property, However, I would like to have certain issues addressed as to the impact on my property, I have spoken to both Bob and his engineer/contractor Mich srown about these concerns. 1. Visual impact and privacy issues from his proposed rear entrance and patio with respect to my master bedroom. From his patio, one can directly look into my master bedroam. 2. Visual impact and privacy issues from proposed new window on my master bedroom and bathroom, 3. Visual impact from proposed parking area changes and .elevation of same. 4. Snow/water run-off from name new elevated parking area. have proposed possible remedies regarding the above issues which I hope the DRB will see fit to require his compliance as part of any acceptance of his proposals; 1. To insure my privacy from his patio to my master bedroom, I propose that he plants strategically placed 8-12' evergreen trees (probably a minimum of (4) would be required). If his property cannot accommodate this, !would allow the trees to be planted on my property at no expense to myself. 2, Due to the raised nature of the newly elevated parking area which is now next to my property line, I feel it is necessary for the appropriate agency to address any potential problem of water run-off from rain or snowmelt directly onto my property. This run-off could easily leak info my crawl-space/basement. Several months ago, I had Warren Campbell, a Vail town planner, come to my property to visualize these concerns. He was in total agreement that some kind of remedies would be required. (made it clear to him, as I am making it clear to you, that 1 do not want to have to incur any expenses regarding the resolution of these matters. Sincerely, Robert L. Kandell, MD Attachment: B MAY - 4- 0 4 T U E 1 9 4 8 Rob i n L_ i t w i n ~'Nz Attention: George Ruther, Town Planner From: Robert L. ICandell, MD Per our conversation of today, May 4th, 2004, please look at my file at 4259 Nugget Lane regarding letter from the DRB requiring me to plant several 10-92'trees to shield Sob McCue from my proposed deck in order to keep same. Because the price was prohibitive, I could not comply and the town required me to remove the deck, which I did. P - 0 2 ~~--~ ~1A`r- 1 5-04 TUE 1 0~ 2~ Rob i nL i t w i n P_ 0 1 May~18-04 07.68am From~TOWIV OF. VAIL COh~MUNITY lyEvE(,OpMENT 8704192452 I-drr~ N.uuuuut r-ti~~ ~'''~h' ~-'~~ ~, ,~pp~~ll~ ~~~r1r~ R E C E~~ E D . ~ ,~-: . ~ , ~ ' • Qepar-tment oP Community Development $~~'~ '~ ~ ~o~ r~(}T~~T• ~~"'r ~ • ~ ~ 75 South Fronbge Road, Vail, Colorado $1657 L'U NYlY O~ V~a , ~ , • tel: 970.479.2139 fax: 970.479.Z45Z • web; www.vailgov,com Cc;neral InTortn~tion: This form 1s required for filing aCt appeal ofi a Stiff, Design Revir=w Beard, Qr Planning and Environmental coml-ni,sion actionJd~cisiori • A complete form and associated requlremer~ts must 6e submitted to 'the Community Development DelaarUnont within twenty (20) lousiness days of the disputed action/~eclsion. Action/Decision being o~pealeti: ~, Die '~'~ G'd A/-~e~a 62 •~'YI ~ L'Ue' ~,~t7„j~ECT ~T ~~ 6 ~ ~U 662<~' ~~ -----v~lL Cb . 8 ~ ~ ~7 ~flJ~~T 6'/YEN ~.C G~~~tr r- Date of Action/f~ecisian: s~~ D~~.,~E,F~.r,~r~eN.t' ~e~«r~•~v6 ~~ tb,~E,~,Cf' Roard ar Staff parson rendering action/decisia~n: a~ ~?~~_OF YA~~- Does this appo~l involve a specific parcel of land? es (no) Tf yes, are you ari,.adjacen# pcopert~y nwrter'~ es (no} Namr: Qf Appc~flarit(s): _..~.~~?~.._ ~..:_.seyr~/a~'LL ., ._ -----.~... Meiling Address; /,~/D ~_~_ /~e~-x J'7~"~ ~.rA~v L Uu' _ d' b,spa,~,•. C~~ 9-~~0.! __~___~_ _~ Phone: 8oS_ ~`,g~-'l~03 ~ . physical Address in Vail; ~Z•3'9 /yUG'~t?~.;_,.~A t yt?'/~ C'p . 8~C3-7 Legal Desrription,of App~llant(erty in Vail: Lot: ~ Block,•^-, Subdivision: <v ~s•an~ AFpellant(s} Signature(s): (Attach a list of signatures• if more space is required). Subrl~iktal Requirement_ti: ~., On a separate sheet ar separate sheEL~ of paper, provide a deglled explanation of how you are an "aggrieved or adversely affected person". 2. Gn a separate sheet or separate sheets of paper, specify the precise nature of the appeal. Please cite specific Dods sections having reiovanca to the acl;ion being appealed. 3. Pravicie a list of names and addresses (both rriailing and physical addresses in Vail) of 1911 owners of property who ire •tlie subject vP the appeal and all ad}scent property owners (including owners whose properties are separated from the subject property by a right-of-way, streom, or other in•tErvening barrier). - ~. Provide s~mped, aclclressed envclapes i'car each property owner listed in (3.). PLEASE SUBMIT TH1;S FCFcM AND ALL SU6MZTraL ui^QuIREMENTS T0: TlJWN ~~ VATL, 17l;PAFtfMFNT OF COMMUNITY bE1/EIQPMENT, 75 SOUTH FRONTAGE R4AD, VATI, COLOR/~00 81657. iror OfFce, t~se 0a1y; .. ~ . • -;~~~ ~ - - paCe ftecelved:~ ~ , Manner':_•W C- -- Attachment: C Robert L. Kandell, MD 4259 Nugget Lane Vail, CO 81657 (970) 476-0398 May 24, 2004 Detailed explanation: My neighbor, Bob McCue, has received permission from the Design Review Board to build a backyard patio and change the position and elevation of his parking area. I am negatively impacted by the aforementioned changes in the following ways: 1. The new patio of Mr. Bob McCue invades my privacy as it allows direct viewing from said patio into my master bedroom. A town planner Warren Campbell came to my house and observed this. 2. As a result of changes to Mr. McCue's parking area, I have concerns that water run- offfrom rain and snowmelt could directly flow onto my property. .C..,-- c..u..c.~ Attachment: D Robert L. Kandell, MD 4259 Nugget Lane Vail, CO 81657 (970) 476-0398 May 24, 2004 Nature of Appeal Pursuant to my grievances as previously stated, my recommendations to mitigate the above are as follows: 1. To insure my privacy, I request that Mr. McCue plant three to four 10-12' evergreen trees on his side of the property line next to patio. 2. Whatever is deemed necessary to insure that my property is not negatively impacted by any water flow from his newly constructed and situated parking area. I feel it is important to note that approximately 8-10 years ago (you may check your records) when I built my own backyard deck, a similar privacy issue occurred. From this new deck, one could look into Mr. McCue's existing back deck. I was informed by the DRB or town planners that I would have to plant a row of trees on my property to mitigate his privacy issue. Because of the enormous expense to fulfill this request, I was forced to remove my deck. I have no problem whatsoever with Mr. McCue improving his property as he so desires. This is not atit-for-tat situation. Rather, I do request the same consideration previously afforded my neighbor regarding privacy issues. ~~~~ Robert L. Kandell, MD 4259 Nugget Lane Vail, CO 81657 (970) 476-0398 Names and addresses of all owners of property subject to the appeal. and all adjacent property owners: • P. & M. Dunahay, 4257 Nugget Lane, Vail, CO 81657 (mailing address: 8080 Southpark Lane, Littleton, CO 80120 • B. McCue, 4269 Nugget Lane, Vail, CO 81657 (mailing address: same) • R. & D. Helmering, 4269 E. Nugget Lane, Vail, CO 81657 (mailing address: 12802 Topping Manor, St. Louis, MO 63131 • Diamond Assets, 4336 Streamside Circle West, Vail, CO 81657 (mailing address: 3279 S. Sante Fe Drive, Englewood, CO 80110 • W & L Frick, 4268 Nugget Lane, Vail, CO 81657 (mailing address: 444 W. 47th St, Suite 900, Kansas City, MO 64112 • R. & W. Dan, 42788 Nugget Lane, Vail, CO 81657 (mailing address: 1755 Earlmont Ave, La Canada, CA 91011 • K. Aldridge, 4278A Nugget Lane, Vail, CO 81657 (mailing address: 415 Ames St, Libertyville, IL 60048 • B. Kandell, 4259 Nugget Lane, Vail, .CO 81657 (mailing address: 1210 Sawleaf St, San Luis Obispo, CA 93401 Attachment: E ORIG11dALL ~~~~~ THIS ITEM MAY EFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in accordance with Section 12-3-3 of the Municipal Code of the Town of Vail on Tuesday, June 15, 2004, at 6:00 PM in the Town of Vail Municipal Building. In consideration of: ITEM/TOPIC: An appeal of the Town of Vail Design Review Board's approval of a design review application pursuant to Section 12-11, Design Review, Vail Town Code, to allow for site improvements to an existing residence, located at 4269 Nugget Lane/Lot 3, Bighorn Estate Resubdivision of Lots 10 and 11, and setting forth details in regard thereto. Appellant: Robert L. Kandell Planner: .Warren Campbell The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. - Sign language interpretation available upon request with 24 hour notification. Please call 479-2114 voice or 479-2356 TDD for information. ;Mu.i~ e~ /~~y a~, a~Y t' i DESIGN REVIEW BOARD AGENDA June 2, 2004 ~' 3:00 P.M. ~~~~~' a ,.. PUBLIC MEETING PUBLIC WELCOME PROJECT ORIENTATION /LUNCH -Community Development Department MEMBERS PRESENT MEMBERS ABSENT Joe Hanlon. Diana Mathias Bill Pierce Scott Proper Margaret Garvey Rogers (LEFT AT 4:30 P.M.) SITE VISITS 1. Vail Plaza Hotel - 100 East Meadow Drive 2. Sonnenalp Real Estate - 122 East Meadow Drive, Unit F2 3. Austria Haus - 242 East Meadow Drive 4. Gore Range Mountainworks - 201 Gore Creek Drive, Units C3 & C4 5. Cohen -133 Willow Place (Riva Ridge North) 6. Winterstorm - 2039 Sunburst Lane 7. Treetops - 450 East Lionshead Circle 8. Schmergel - 714 West Lionshead Circle (Marriott) 9. Weltner - 1260 Westhaven Circle 10. Wachs -1815 West Gore Creek Drive ' 11. Sunlight Condo Association - 2289 Chamonix Lane 12. Perkins - 2568 Arosa Drive 11:30 am 1:00 pm Driver: George PUBLIC HEARING -TOWN COUNCIL CHAMBERS 3:00 pm Gore Range Mountainworks DRB04-0153 Conceptual review of a minor alteration 201 Gore Creek Drive, Units C3 & C4/Lot A, Block 5B, Vail Village Filing 1 Applicant: Axel Wilhelmsen CONCEPTUAL - NO VOTE 2. Sunlight Condominium Association DRB04-0156 Conceptual review of minor alteration 2289 Chamonix Lane/Lot 6, Block A, Vail das Schone Filing 1 Applicant: Warren M. Garbe CONCEPTUAL - NO VOTE 1 Warren Matt .\ 3. Vail Plaza Hotel DRB04-0179 George Final review of new construction 100 East Meadow Drive/Lot M,N,O, Block 5-D, Vail Village Filing 1 Applicant: Daymer Corporation, represented Zehren and Associates, Inc. TABLED TO JUNE 16, 2004 MOTION: ROGERS SECOND: HANLON VOTE: 4-0 4. Weltner Residence DRB04-0177 Warren Final review of an addition 1260 Westhaven Circle/Lot 29, Glen Lyon Applicant: Douglas E. Weltner, represented by Dave Peel, Peel/Langenwalter Architects MOTION: PROPER SECOND: HANLON VOTE: 4-0 CONSENT APPROVED - NO CONDITIONS 5. Treetops Condominium Association DRB04-0198 Warren Final review of-changes to approved plans 450 East Lionshead Circle/Lot 6, Block 1, Vail Lionshead Filing 1 Applicant: Treetops Condominium Association, represented by Fritzlen Pierce Architects MOTION: PROPER SECOND: HANLON VOTE: 3-0-1 (PIERCE RECUSED) APPROVED WITH ONE CONDITION: 1. THAT THE APPLICANT ONLY UTILIZE THE ARTIFCAL TRIM MATERIAL ABOVE GROUND LEVEL AND THAT NATURAL WOOD TRIM BE USED AT GROUND LEVEL FOR THE ENTIRE BUILDING. 7. Wachs Residence DR604-0166 Matt Conceptual review of a residential addition 1815 West Gore Creek Drive/Lot 18, Vail Village West Filing 2 Applicant: Bryan Wachs CONCEPTUAL - NO VOTE 8. Winterstorm, LLC Residence DRB04-0168 Matt Conceptual review of a residential addition 2039 Sunburst Lane/Lot 16B, Block 3, Vail Valley Filing 3 Applicant: Winterstorm, LLC, represented by K.H. Webb Architects LLC CONCEPTUAL - NO VOTE 9. Sonnenalp Real Estate DRB04-0169 Clare Final review of a minor alteration 122 East Meadow Drive, Unit F2/Lot K, Block 5-E, Vail Village Filing 1 Applicant: Sonnenalp Real Estate, represented by Joni White Taylor MOTION: PROPER SECOND: HANLON VOTE:4-0 CONSENT APPROVED - NO CONDITIONS 10. Sonnenalp Real Estate DRB04-0160 Clare Final review of a new sign 122 East Meadow Drive, Unit F2/Lot K, Block 5-E, Vail Village Filing 1 Applicant: Sonnenalp Real Estate, represented by Joni White Taylor MOTION: PROPER SECOND: HANLON VOTE: 4-0 CONSENT APPROVED - NO CONDITIONS 2 J 11. Austria Haus DRB04-0170 Clare Final review of a minor alteration 242 East Meadow Drive, Suite D/Lot B-C, Block 5, Vail Village Filing 1 Applicant: Sonnenalp Real Estate, represented by Joni White Taylor MOTION: PROPER SECOND: HANLON VOTE: 4-0 CONDITIONS: THAT THE APPLICANT PANITS THE NEW DOOR AND WINDOW TRIM TO MATCH THE COLOR OF THE ORANGE STRIPPING ON THE EXISTING SHUTTERS. . 12. Gore Creek Residences DRB03-0540 .Conceptual review of new multi-family residences 728 West Lionshead Circle/Lots A through D and 7, Morcus Subdivision Applicant: Vail Resorts, represented by Braun Associates, Inc CONCEPTUAL - NO VOTE 13. Schmergel Residence- DRB04-0083 Final review for a residential addition 714 West Lionshead Circle/Lot 7, Block 2, Vail Lionshead Filing 3 Applicant: Paul Schmergel MOTION: PROPER SECOND: HANLON VOTE: 4-0. CONSENT APPROVED - NO CONDITIONS 14. VML, LLC DRB04-0146 Final review of changes to approved plans 352 East Meadow Drive, Unit 1 /Tract B, Vail Village Filing 1 Applicant: Zehren and Associates, Inc., represented by Tim Losa MOTION: PROPER SECOND: HANLON VOTE: 3-0 TABLED TO JUNE 16, 2004 15. Perkins Residence DRB04-0189 Final review of a minor alteration 2568 Arosa Drive/Lot 4, Block C, Vail das Schone Filing 1 MOTION:' HANLON SECOND: PIERCE DENIED Warren Warren George George VOTE: 1-2 (Pierce, Proper) 16. Cohen Residence DR604-0214 Conceptual review of a residential addition 133 Willow Place (Riva Ridge North)/Lot 6, Block 6, Vail Village Filing 1 Applicant: David and Elisabeth Cohen, represented by Peel Langenwalter Architects CONCEPTUAL - NO VOTE Staff Approvals Frampton Residence DRB04-0196 Final review of changes to approved plans 14 Beaver Dam Road/Lot 34, Block 7, Vail Village Filing 1 Applicant: Harry and Susan Frampton, represented by Duane Piper Matt Bill 3 Brooktree Condominiums DRB04-0197 Bill Final review of changes to approved plans 980 Vail View Drive/Lot 5, Block B, Lions Ridge Filing 1 Applicant: Brooktree Condominium Association, represented by Anthony Licciardi Spriggs Residence DRB04-0201 Bill Final review of changes to approved plans 1477 Aspen Grove Lane/Lot 3, Block 2, Lions Ridge Filing 4 Applicant: Michael Spriggs Bergsten Residence DRB03-0500 Final review of an addition 1992 Chamonix Lane/Lot 36, Buffehr Creek Subdivision Applicant: Julie & Jonny Bergsten Matt Vail Marriott Mountain Resort DR604-0207 Joe Final review of a new sign 715 West Lionshead Circle/ Lots 4 8~ 7, Block 1, Vail Lionshead Filing 3` and Lots C & D, Morcus Subdivision Applicant: Vail Corp., represented by Mauriello Planning Group, LLC All Seasons Condominums DR604-0154 Matt Final review of a minor alteration 434 Gore Creek Drive/Lot B, Block 3, Vail Village Filing 5 Applicant: All Seasons Condominium, represented by Vail Home Rentals, Inc. Shirley Residence DRB04-0195 Joe Final review of a sign 303 Gore Creek Dive, Unit 8/Lot 8, Block 5, Vail Village Filing 5 Applicant: Erickson Shirley, represented by Nedbo Construction Danson Residence DRB04-0205 Joe Final review of a minor alteration 3005 Booth Falls Road, Unit A/Lot 18, Block 3, Vail Village Filing 13 Applicant: Alan & Silvia Danson, represented by TCC Contractors, Inc. Enzian at Vail DR604-0193 Joe Final review of a minor alteration 705 West Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 3 Applicant: Enzian at Vail Inc. . Krause Residence DRB04-0180 Clare Final review of a minor alteration 2636 Davos Trail/Lot 2, Block C, Vail Ridge Applicant: Douglas & Peggy Krause, represented by Beth Levine, Architect Vail Resorts (Golden Peak) DRB04-0187 Russ Final review of a minor alteration Tract E, Vail Village Filing 5 Applicant: Vail Resorts Lockhart Residence DRB04-0175 Warren Final review of changes to approved plans 2610 Arosa Drive/Lot 3, Block D, Vail Ridge Applicant: Douglas Lockhart West Day Lot, Vail Corp. DR604-0159 Russ Final review of a minor alteration 790 West Lionshead Circle/ Lots 4 8~ 7, Block 1, Vail Lionshead Filing 3 and Lots C & D, Morcus Subdivision Applicant: Vail Corp, represented by Mauriello Planning Group, LLC Potato Patch Condominium Assoc. DRB04-0206 Joe Final review of a minor alteration 770 Potato Patch Drive/Lot 6, Vail Potato Patch Applicant: Potato Patch Condominium Association, represented by Master Sealers Tuchman Residence DRB04-0186 Matt Final review of changes to approved plans 3110 Booth Creek Drive/Lot 9, Block 3, Vail Village Filing 11 Applicant: Ken and Debra Tuchman, represented by VAg Architects Thoma Residence DRB04-0167 Warren Final review of changes to approved plans 1220 Ptarmigan Road/Lot 2, Block 8, Vail Village Filing 7 Applicant: Marilynn Thoma, represented by Kathy Aalto, Land Designs by Ellison Slifer Building DRB04-0182 Final review of a new sign 230 Bridge Street/Lot B, Block 5C, Vail Village Filing 1 Applicant: Rod Slifer, represented by Tom Yoder Warren Dauskurdas Residence DRB04-0163 Matt Final review of an addition 4937 Juniper Lane/Lot 4, Block 4, Bighorn 5~' Addition Applicant: Joe Dauskurdas, represented by Galen A. Aasland, Architects, PC Dauskurdas Residence DRB04-0164 Matt Final review of a minor alteration 4937 Juniper Lane/Lot 4, Block 4, Bighorn 5~' Addition Applicant: Joe Dauskurdas, represented by Galen A. Aasland, Architects, PC Gore Creek Residences DRB04-0199 Warren Final review of a minor alteration 715 West Lionshead Circle/ Lots 4 & 7, Block 1, Vail Lionshead Filing 3 and Lots C & D, Morcus Subdivision Applicant: Vail Corp., represented by Mauriello Planning Group, LLC Gore Creek Residences DRB04-0210 Warren Final review of a sign 790 West Lionshead Circle/ Lots A,B,C, Morcus Subdivision Applicant: Vail Corp., represented by Mauriello Planning Group, LLC West Day Lot DRB04-0212 Warren Final review of a sign 730 West Lionshead Circle/Lot B, Morcus Subdivision 'S Applicant: Vail Corp., represented by Mauriello Planning Group, LLC Festa Residence DRB04-0200 Clare Final review of a residential addition 5040 Main Gore Place, Unit C1/Sundial Condominiums Applicant: Jerome Festa, represented by Sean Richie Company Swanberg Residence DRB04-0202 Clare Final review of an addition 5040 Main Gore Place, Unit 63/Sundial Condominiums Applicant: Linda & Thomas Swanberg, represented by Sean Richie Company Vail Associates Holdings, Ltd. DRB04-0165 Russ Final review of new construction 360 Hanson Ranch Road/Lot P3, Block 5, Vail Village Filing 1 Applicant: Vail Associates Holdings, Ltd. The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479- 2356, Telephone for the Hearing Impaired, for information. 6 TOWN OF VAIL 2004 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2004 Projection 2005 2006 2007 2008 Revenue Sales Tax $ 5,844,320 ~$ , ,5,516 690_ $ _ 5,793,6x7 $ 6,217 8>~0 ~_ $ 6,642 '162. Federal Grant Revenue 2,807,929 692,000 811,800 4,536,000 1,344,000 Lease Revenue 150,000 150,000 150,000 150,000 150,000 CDOT Reimbursement -__ _ 40,322 - T_FanSfer from ~erigral Funcj - - _ _ - _500~OQ0 Transfer from Dispatch Services Fand _ 110,000 ~rojectReir~txus~ment - ._ _ _. 966,570 Eagle County Grant Revenue 366,000 Interest Income & Other 50,000 _ ,- 25,000 19,000 ~ _ 18,D00 ;'~ 4,OOQ~ Total Revenue 10,835,141 6,383,690 6,774,457 10,919,880 8,140,162 Expenditures Equipment Purchases Document Imaging 40,000 40,000 40,000 40,000 40,000 Software & Hardware Upgrades 172,000 42,000 58,000 72,000 43,000 Web Page Development/Ecommerce 12,000 12,000 12,000 12,000 12,000 Eagle County CAD / RMS Project 676,600 50,000 50,000 50,000 50,000 Police Vehicles Hardware Laptop 68,485 Video Security for Jail 11,500 Patrol Car Video Cameras 22,500 22,500 Fire Truck - 735,000 Quick Response Vehicle -Fire Dept 107,370 Fire Department Breathing Apparatus 25,000 25,000 30,000 Repower Buses - 126,000 Replace Buses 3,739,490 1,010,400 3,834,000 GPS for Buses 150,000 150,000 375,000 Police Vehicles 279,200 Subtotal Equipment Purchases 5,304,145 1,351,900 691,000 1,090,000 4,279,000 Capital Maintenance Bus Shelter Replacement 30,250 30,000 10,000 30,000 10,000 Capital Street Maintenance 840,000 890,000 932,000 1,032,000 950,000 Parking Structure Improvements 340,000 420,000 525,000 440,000 460,000 General Facility Improvements 571,286 280,000 375,000 360,000 340,000 Subtotal Capital Maintenance 1,961,536 1,620,000 1,842,000 1,862,000 1,760,000 Buildings 8~ Improvements Town Manager's Residence 50,000 Town Manager's Office 7,343 Fire infrastructure improvements 177,367 Fiber Optics in Buildings 85,000 15,000 15,000 15,000 15,000 Dobson Ice Arena 16,250 Way Finding Improvements 85,573 Donovan Park Pavilion 33,465 Multi-Purpose Recreation Facility _ 1,459,5$5 Subtotal Bldgs I Improvements 1,914,583 15,000 15,000 15,000 15,000 Project Information Version 2 Changes Highlighted 40% of total sales tax allocated to Capital Projects Bus replacements 8 Intermodal site in 2007 lease revenue from City Market & employee housing Reimbursement for Bighorn flood remediation To fund Multi-Purpose Recreation Facility Computer-Aided Dispatch/Records Management System Multi-Purpose Recreation Facility Countywide Computer Aided Dispatch OCE maintenance, software upgrades, contract position Desktop OS upgrades, replacement PC's, server upgrades Web and E-Commerce development and upgrades County wide Computer Aided Dispatch /Records Mgmt System Comprehensive system to record all cameras; reduces liability Grant funding to be pursued before purchase Replace pumper; refurbish Aerial Pumper Quick Response Vehicle Replacement of cylinders/compressor; grant funding to be pursued Replace transmissions and engines to extend useful life Preventive maintenance, patching, overlays and seal coats Various Parking Structure Improvements Various Facility Capital Improvements Design and master plan costs Cabling /Network Infrastructure Vail Recreation District -Design fees to expand capacity Signs in town, on I-70, & in parking structures -adds maintenance Red Sandstone facility; revenue from partners included above c-i TOWN OF VAIL 2004 BUDGET version 2 Changes Highlighted SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE • CAPITAL PROJECTS FUND Streetscape Projects West & East Meadow Drive Village Streetscape Subtotal Streetscape Projects Housing Program Buy-Down Program Timber Ridge Debt Service Guarantee Subtotal Housing Program Lionshead Redevelopment Lionshead Master Plan 2004 Projection 2005 2006 2007 2008 Project Information 204,617 1,182,000 Construct steetscape, drainage, lighting. public art, landscaping -adds maintenance from Library to Fire Station 2,267,425 787,000 1,190,000 1,290,000 940,000 Construction starts in 2004; additional funding from RETT 2,472,042 1,969,000 1,190,000 1,290,000 940,000 100,000 100,000 100,000 100,000 100,000 Net cost of deed restricted units for resale 925,000 1,025,000 100,000 100,000 100,000 100,000 398,300 Design costs to implement Town improvements: Construction costs for Lionshead Redevelopment will be funded from developer contributions, TIF & other sources Federal funding included in revenue Intermodal Site 3,750,000 Subtotal Lionshead Redevelopment 398,300 3,750,000 Other Improvements Street Light Improvement Program 50,000 50,000 50,000 50,000 50,000 Drainage Improvements 75,000 75,000 75,000 75,000 75,000 I-70 Noise 363,303 250,000 250,000 250,000 250,000 Subtotal Other Improvements 488,303 375,000 375,000 375,000 375,000 Total before Transfers 13,563,909 5,430,900 4,213,000 8,482,000 7,469,000 Transfer for Debt Service Add new street lights and refurbish residential lighting program Continue implementation of drainage master plan 2,337,897 2,422,154 2,236,200 3,233,497 2,321,825 To fund debt service on all Town bonds Total Expenditures ~ 15,901,806 7,853,054 6,449,200 11,715,497 9,790,825 Revenue Over (Under) Expenditures (5,066,665) (1,469,364) 325,257 (795,617) (1,650,663) Beginning Fund Balance 8,022,731 3,186,081 1,716,717 2,041,974 1,246,357 Ending Fund Balance $ 2,956,066 $ 1,716,717 3 2,041,974 $ 1,246,357 $ (404,306) No adjustment to sales tax revenue in 2004; favorable collections through April offset by potential shortfalls during redevelopment Sales tax revenue 2005 through 2008 adjusted for potential shortfall caused by reconstruction Expenditures adjusted for multi-purpose recreational center and public bathrooms in Village c-2 TOWN OF VAIL 2004 BUDGET Real Estate Transfer Tax Fund Five-Year Summary of Revenue and Expenditures Version 2 Changes Highlighted 2004 Projection 2005 2008 2007 2008 Project Information REVENUE Real Estate Transfer Tax Golf Course Lease Lottery Revenue Project Reimbursements Interest income & Other Recreation Amenity Fees Total Revenue EXPENDITURES Annual Maintenance RETT Collection Costs Rec. Path Capital Maintenance Alpine Garden Support Tree Maintenance Street Furniture Replacement Black Gore Creek Sand Mitigation Bear Proof Containers Park, Path & Landscape Maintenance Subtotai Maintenance Recreation Path/Trail Development Trailhead Development N. Frontage Rd. (School to Roundabout) Village Streetscape Design & Implement Frontage Road Bike Trail Subtotal Pathways Capital Maintenance Raw Water Project Playground Safety Improvements Pirate Ship Park -Per Safety Plan Big Hom Park -Per Safety Plan Red Sandstone Park -Per Safety Plan Public Art Subtotal Capital Maintenance $_ 3,?5Q~OQ~ $ _., ~34t7._:._~A4Q~$._ 2>850,~._~$ 5 i01,8U0 $; __x$50,_400 ._, t 12, 579 115, 956 119, 435 123, 018 126, 709 20,000 20,000 20,000 20,000 20,000 50,000 50.000 _-- _ _ 51 OOf?_.._~ ~56tX~ .. ~ 57~OOQ_. _FiO,(SCJO~! 10, 000 10, 000 10, 000 10, 000 10, 000 3,392,579 4,537,358 3,055,435 5,311,818 3,066,709 ,.____.__ 1~7,500~ _, _21702D __ 1'42,5 _ 255;09f3 _ 142,504 135,200 140,608 146,232 152,082 158,165 75,000 52,000 54,080 56,243 58,493 so,ooa so,ooo so,ooo so,ooo so,ooo 25,000 25,000 25,000 25,000 25,000 150, 000 100, 000 100, 000 100, 000 100, 000 9,500 10,000 892,991 930,198 968,969 1,009,369 857,281 1,469,481 1,497,819 1,458,010 1,617,384 1,553,527 20,000 20,000 20,000 650,000 1, 750, 000 1, 500, 000 1, 250, 000 20,000 20,000 1,250,000 1,250,000 1,050,000 2,420,000 1,520,000 1,270,000 2,320,000 1,270,000 229,097 - - - 32,605 299,765 225,000 - 200,000 109,213 75,000 75,000 75,000 75,000 895,880 275,000 75,000 75,000 75,000 Collection fee remitted to the General Fund Capital maintenance of the town's rec. path system 04 only, one time $25K to pay off debt 8 daily operations Provide additional trees to Vail's public areas Additions and replacement of street furniture in TOV parks Ongoing path, park and open space maintenance; assumes 2003 reductions are permanent Improve trailheads Fund Path from Red Sandstone Pedestiran Brdg to Roundabout Construct widened 6' shoulders along all frontage roads; first priority is Blue Cow Chute to East Vail Convert parks from treated water to raw water 040601 Matysis R-1 6/10104 '-: - TOWN OF VAIL 2004 BUDGET Version 2 Changes Highlighted Real Estate Transfer Tax Fund Five-Year Summary of Revenue and Expenditures - 2004 Projection 2005 2006 2007 2008 Project Information Park Development Donovan Park 53,000 White Water Park 108,000 Funds 3rd hole at Whitewater Park Gore Creek Promenade Bridge 100,000 Lionshead Park - 100,000 690,000 Booth Creek Park Redevelopment - 250,000 Reconstruct park Subtotal Park Development 281,000 0 350,000 690,000 0 Open Lands Subtotal Open Lands 0 0 0 0 0 Project Management Parks and Landscaping 78,827 81,192 83,627 86,136 88,720 Landscape architect AIPP 27,435 ' Transfer of manhole cover 2003 surplus to General Fund SubtotalProJectManagement 106,262 81,192 83,627 86,136 88,720 Total Expenditures 5,152,423 3,373,811 3,236,638 4,788,520 2,987,247 Revenue Over (Under) Expenditures (1,759,844) 1,163,546 (181,203) 523,298 79,461 Beginning Fund Balance 6,286,775 4,526,931 5,690,477 5,509,274 6,032,572 Ending Fund Balance $ 4,526,931 $ 5,690,477 $ 5,509,274 $ 6,032,572 $ 6,112,033 Notes: Revenue increased by $100,000 per year based on a strong real estate market and history Revenue adjusted for redevelopment activity by $300,000 in 2004; $1,490,400 in 2005 and $2,251,800 in 2007 2004 expenditures per Supplemental Appropriation #1 2005-2008 adjusted for AIPP transfer to General Fund; all other expenditures per 2004 Budget Projects to be funded from revenue generated by redevelopment activity not yet identified 040601 Analysis R-2 snoioa 2-6-9: REAL ESTATE TRANSFER TAX FUND: Page 1 of 1 2-6-9: REAL ESTATE TRANSFER TAX FUND: A. Creation; Purpose: All funds received by the Town pursuant to this Chapter shall be deposited in the Real Estate Transfer Tax Fund, which Fund is hereby created. The Fund shall be subject to appropriation for only the following purposes within the Town or within one mile of the boundaries of the Town. 1. Acquiring, improving, maintaining, and repairing real property for parks, recreation, open space and similar purposes. 2. The construction, maintenance, and repair of buildings which are incidental to park, recreation, and open space land. 3. Landscaping parks and open space. 4. The construction, maintenance, repair, and landscaping of recreation paths set forth in the Town of Vail Recreation Trails plan as it may be amended by the Town Council from time to time. 5. Paying incidental costs and principal of and interest on any funds borrowed for the purposes set forth in this subsection. B. Building Defined: For the purposes of this Chapter, building shall mean any structure having a roof supported by columns or walls, or any other enclosed structure for the housing of persons, animals, or properly. (1997 Code: Ord: 10(1992) § 2: Ord. 8(1987) § 2: Ord. 5 (1980) § 9: Ord. 26(1979) § 9) http://66.113.195.234/CO/Vail/06006000000009000.htm 6/10/04 MEMORANDUM To: Town Council From: Judy Camp, Finance Director Subject: 2005 Budget Date: June 9, 2004 As we begin preparation of the 2005 budget, staff would like to provide some background on the .budget process and confirm the following philosophies and guidelines with you. BACKGROUND The Vail Town Charter (attachment A) sets forth certain requirements for the budget. The budget book, which is produced each year, gives further guidance to the town's budgeting process and philosophies. An updated draft of the Budgeting Process section of the Budget Book is attached for your review (attachment B). As directed on March 2, we have added a section under "Budget Changes" regarding mid-year contribution requests. We have also changed the spending priorities section to conform to the town's strategic areas of focus as discussed below. STRATEGIC FOCUS During the Town Council retreat, the following five areas of strategic focus were identified along with some supporting action steps (attachment C): • Facilitate Vail's Redevelopment • Address Issues Proactively • Elevate Community Leadership • Improve Local Economy • Add to Vail's Appeal as a Great Place to Live ,Work, and Play Staff plans to prepare the Town Manager's 2005 budget to support these strategic focus areas and the underlying action plans. The five focus areas will determine spending priorities replacing the 2004 priorities of 1.) public safety, 2.) economic development, and 3.) everything else. GENERAL FUND BALANCE The town's philosophy of conservative budgeting and the allocation of more than 50% of sales tax to the General Fund has resulted in the General Fund balance growing from $3.7 million or 21% of revenue in 1999 to $10 million or 46% of revenue by year-end 2004 compared with a target of 10% in 1999 and 25% currently. The target was established to assure that the fund balance is adequate to cover short-term fluctuations in revenues, emergencies, and planned future expenditures. The target is part of our budget philosophies and practices included in the Budgeting Process section of the budget book (attachment B, page 8). During the budget process, staff will develop a recommendation to address the difference between the target and the actual amount of General Fund balance. 040615 Memo _. NEW REVENUE SOURCES In 2002, a ballot issue for a mil levy increase for construction, acquisition, or maintenance of capital projects was narrowly defeated. Follow-up research indicated that our ballot question was not specific enough and would have been better received if it were tied to a specific project and had a sunset provision. This learning is reinforced by the fact that the conference center tax passed at the same time the proposed mil levy was defeated and the Vail Recreation District (VRD) mil levy increase passed earlier this month. Both of those ballot issues were tied to a specific project and contained a sunset provision. Staff has reviewed a potential timetable for bringing a ballot issue to the voters. Although specific dates vary each year, it is clear that the Town needs to develop a strategy during the early part of the yeaz to prepare for awell-constructed ballot initiative. The required dates for 2004 per the County Clerk are listed in Attachment D. Although we have identified several important capital projects whose costs are not included in the 2004 five-yeaz projection, including a West Vail fire station, Main Vail fire station renovations, and recreational amenities, staff does not feel that we have enough information at this time to take a thoughtful ballot question to the voters in November of 2004. The Capital Committee formed by Town Council last month has been chazged with looking at the long-term capital needs of the community as a whole. As a first step, the Capital Committee has begun working with the VRD with regazd to recreational amenities in the Town. It is important that the two entities work together to look at these amenities and coordinate funding/fmancing to best serve the Vail taxpayers. It is also important that the two entities coordinate efforts on a long-term strategy for potential ballot issues since both entities have lazgely the same constituents. Is Council in agreement that the work of the Capital Committee should form the basis for future ballot issues, which should be coordinated with the VRD? Should staff assume that there will not be a TOV ballot issue in November of 2004, but potentially in November of 2005 as part of a long-term strategy for capital projects? 040615 Memo _ ~ - VAIL TOWN CHARTER Section 9.9 -Public Records: Copies of the budget and the capital program as adopted shall be public records and shall be made available to the public in the municipal building. Section 9.10 -Amendments After Adoption: (a) Supplemental Appropriations. If, during the fiscal year, the manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the council by ordinance may make supplemental appropriations for the year up to the amount of ---. such excess. ~'_> ~ (b) Emergency Appropriations. To meet. a ublic emer enc affectin life health P 9 Y 9 ~ , property or the public peace, the council may make emergency appropriations. Such appropriations may be made by emergency ordinance in accordance with provisions of Section 4.11. To the extent that there are no available unappropriated revenues to meet such appropriations, the council may by emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes and renewals of any fiscal year will be paid no later than the last day of the fiscal year next succeeding that in which the emergency appropriation was made. (c) Reduction Of Appropriation. If, at any time during the fiscal year, it appears probable to the manager that the revenues available will be insufficient to meet the amount appropriat- ed, he shall. report to the council without delay, indicating the estimated amount of deficit, any remedial action taken by him and his recommendation as to any other steps to be taken. The ~^ !~' .. council shall then take such further action as it deems necessary to prevent or minimize an Y deficit and for that purpose it may by ordinance reduce one or more appropriations. (d) Transfer of Appropriations. Any time during the fiscal year, the manager may transfer part or all of any unencumbered appropriation balance among programs within a department, office, agency and, upon written request of the manager, the council may by resolution transfer part or all of any unencumbered appropriation balance from one department, office, agency, or object to another. (e) Limitation; Effective Date. No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The ~~~ supplemental and emergency appropriations and reduction or transfer of appropriations ~.,, authorized by this Section may be made effective immediately upon adoption. Section 9.11 -Independent Audit: An independent audit shall be made of all town accounts at least annually and more frequently if deemed necessary by the council. Such audit shall be made by certified public accountants selected by the council who shall complete the audit within four (4) months time of the close of the fiscal year. Copies of such audit shall be made available for public inspection at the municipal building. ~ fi/a.e h r~7 e~ ~ ~ VA/L TOWN CHARTER l,`._ Section 9.3 -Budget: `.; The town manager shall annually prepare and submit to the council a budget and accompanying message. The budget shall provide a complete financial plan of all town funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the manager deems desirable or the council may require. In organizing the budget, the manager shall utilize the most feasible combination of expenditure classification by fund, organization unit, program, purpose or activity and object. It shall begin with a clear, general summary of its contents and shall be so arranged as to show comparative figures for income and expenditures of the preceding fiscal year. Section 9.4 -Capital Program And Additional Cent Sales Tax: The manager shall prepare along-range capital program and submit same to the council no less than two (2) weeks prior to the submission of the budget. Such program shall include a statement as to the application of the sales tax revenues allocated by ordinance to the special revenue fund. Expenditure of these revenues other than for capital improvements ~~ and/or open space acquisition or improvements or for the payment of debt service on -any obligations of the Town issued to finance the same shall require not less than five (5) affirmative votes of the council. Section 9.5 -Budget Hearing: A public hearing on the proposed budget and proposed capital program shall be held by __ the council no later than thirty (30) days prior to the close of the fiscal year. Notice of the time (~ and place of such hearing shall be published one (1) time at least seven (7) days prior to the ``?_ hearing. Section 9.6 -Council Amendments: After the public hearing, the council may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law or for debt service or for estimated cash deficit. Section 9.7 -Council Adoption: The council shall adopt the budget by ordinance on or before the final day of the fiscal ~" year. If it fails to adopt the budget by this date, the amounts appropriated for the current ~., :. . . operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a "" month-to-month basis, with all items in it pro-rated accordingly, until such time as the council adopts the budget for the ensuing fiscal year. Section .9.8 -Property Tax Levy: Adoption of the budget by council shall constitute appropriations of the amounts specified therein as expenditures from the funds indicated. Council shall cause the property tax to be certified to the county for collection as required by law. Version 1 Changes from last yeaz highlighted Budgeting Process BUDGETING PROCESS The process of reviewing and adopting the budget is one of the most important activities the Town Council performs.. The budget serves as a fmancial guide for decisions about. community goals, priorities, service levels, and the basic allocation of town resources. The budget process strives to focus attention on community goals, balances the demands of the local economy and tourism sector, and provides a sound and stable financial plan. Pursuant to Article IX of the Charter, the Town Manager is responsible for preparing and submitting an annual budget and accompanying message to the Town Council. The budget is to provide a complete fmancial plan of all town funds and activities. In addition, the Town Manager must prepare and. submit to Council a .long-range capital program. Such capital program is submitted to Council at least two weeks prior to the submission of the budget. The budget is delivered to the Town Council sometime between September and November. Then during October or November, the Council holds a number of work sessions to review the document. A public hearing on the budget and the long-range capital program is held not less than. 30 days before the close of the fiscal year. The Council adopts the. budget at the public hearing, with or without amendments. During the fiscal year the Council may make changes to the budget up until December 31, at its discretion. It may not delete or decrease expenditures required by law or for debt service or for any estimated cash deficit. Adoption of the budget by the Council constitutes appropriation of the amounts therein for use in the following year. The Town Council formally adopted the 2004 budget in October of 2003 and appropriation of amounts are effective January 1, 2004.. BUDGET CHANGES The Town is authorized by its Charter to make supplemental appropriations and emergency appropriations by ordinance throughout the fiscal year. The Charter also authorizes reductions of appropriations in the event it appeazs that revenue will be insufficient to meet any appropriated amount. The Charter also authorizes transfers of appropriations. The Town Manager may transfer part or all of any unencumbered appropriation balance among programs within a department, agency or office; or, upon written request of the Town Manager, the Council may transfer part or all of any unencumbered appropriation balance from one department, office, agency, or object to another by a resolution of the Council. Other supplemental appropriations may be made throughout the year as needed. At least two supplemental appropriations are made a year. The first supplemental is in the spring to address roll forwazds on unfinished projects. The second is in the fall to address unforeseen items. ~As part;of"the`anriual budget, process, external organizations such as'fhe Vail Valley-"Foundation,,; the Betty ford, Alpine"Gardens, the Vail; Chamber, and Business Association,"the. Vail,.~Ialley Chamber and Tourism Bureau; the Vail" Valley Marketing -District Advisory .Council, and the- 'Commission on Special-,Events; to name' a few, ,may submit funding:° requests for the following;: . .. ::. :, year. These organizations follow''a formalized .process in, which ,each organization submits _as standard application including financial information; the;organizatton's mission, how the requested; funds will be used, and how the sponsored programs will beneft the town. Each Council;member ,, .. .., has an,opportunity to review all of the requests, Staff prepares a summary of.the requests along; with,a comparison to prior years and the Town Manager's recommendation for the upcoming year.; Each Council member makes his or her recommendation on the summary sheet;arid staff compiles; Attachment B -1- Policies Overview Version 1 Changes from last year highlighted B Process the results of discussion -and approval at a public hearing. -The approved. amounts are included in' the proposed budget subjecfi to final appropriation when, the budget ordinances'a=e passed.: Additional- funding requests .from external. organizations may a1so:.be considered nud-year;; generally at the first Council meeting in June: The mid-year review provides an opportunity for oTgatiizations that have newly identified projects- or unforeseen changes:to'their budgets:.tt conte~ 'forward all at the same time. and`for Council to provide consistentcriteria anti evaluation: the first meeting ,iu 3wtex Gou>tc~1 has.- sales-tax information. for the.. skl. seaso ~ n, ,t~eeip~ af: other' dedicated handing, and an indication of `whether tfie town rs of budget foi• the fast Quarter: - If them are no additional funds available at flint time, Councill ;may decide, not tar entertain any additional requests. for the current yea€.. , Additiona)r funding approved mid=year. is included- in the next; supplemental. budget appropriation and. is subject to the passing. of that ordinance. BUDGET BASIS Annual budgets for governmental funds (General, Special Revenue and Debt Service) are prepared sepazately using the modified accrual basis of accounting. Modified accrual accounting means that revenues are recognized in the accounting period in which they become available and measurable, and expenditures aze recognized in the accounting period when a liability is incurred, if measurable, except for unmatured interest on long-term debt, which is recognized when due. Annual budgets aze also adopted for all Internal Service and Enterprise funds. The basis used to budget these funds is also a modified accrual basis of accounting, which includes capital expenditures and current debt service principal payments, and excludes depreciation, amortization, and adjustments for accrued compensated absences. FUND ACCOUNTING SYSTEM AND FUND SUMMARY The Town of Vail Budget is presented by fund. A fund is an accounting entity that has a set of self-balancing accounts that records all fmancial transactions for specific activities or governmental functions. Fund expenditures are divided into departments or projects, with departments then divided into divisions for budgetary control. Programs include specific services the town is providing. Because of the legal requirements of state statutes, the Town of Vail Charter, Generally Accepted Accounting Principles, and Council policy, the town is required to use fund accounting in its financial reporting. Fund accounting is a concept developed primarily from the legislative requirements of appropriation and the legal requirements of segregating revenue sources and corresponding expenditures. Fund accounting does not necessarily provide financial information in a form most usable for policy and management decision making. The following is a brief summary of the various town funds by fund type, purpose, source of revenue, and expenditures. As you read through this section, you may wish to refer to the Budget Summaries by Fund section of the budget. General Fund This fund is named for the nature of the various revenue sources. They are general, not earmarked, and can be used for any and all municipal purposes. The Town of Vail General Fund provides for most on-going municipal services delivered to the community. The primary revenue sources for Attachment B Policies Overview - 2 Version 1 Changes from last year highlighted Budgeting Process the General Fund are the sales, property, and ski lift taxes, franchise fees, fines, intergovernmental revenue, and various charges for services, permits, and licenses. Special Revenue Funds Capital Projects Fund The purpose of this fund is to account for the portion of the town's sales tax allocated to pay for capital projects. A portion of the revenue in this fund is used for the annual bonded debt service payment. After providing for this payment, excess revenue is used for other acquisitions and major maintenance items of a capital nature. Real Estate Transfer Taz Fund The purpose of this fund is to account fora 1% tax on the transfer of all real property within the town limits, as well as the recreation amenities fee and lottery revenue. Expenditures are specifically restricted to maintaining, acquiring and improving property and equipment for recreation and open space purposes. Vail Marketing Fund The purpose of this fund is to account for the collection and use of the business license fee. Marketing Fund revenue is used to promote the Town of Vail through programs administered by pass-through agencies such as.the Commission on Special Events (CSE) and, in prior years, the Vail Local Marketing District (VLMD). Conference Center Fund This fund was established in 2003 to account fora 1.5% public accommodations tax and a .5% sales tax imposed by election for the purpose of building and operating a conference center. Internal Service Funds Heavy Equipment Fund This fund's function is to maintain and replace town fleet equipment. Replacement of buses and fire trucks is excluded from this fund. Health Insurance Fund This fund is used to account for the health insurance and short-term disability plans provided by the town to its employees. Enterprise Fund Dispatch Services Fund This fund was created in 1999 to account for resources used to fund the town's dispatching center. Besides providing dispatch services for the Town of Vail's public safety departments, the town provides dispatch services for 11 other agencies in the lower Eagle Valley, including the Eagle County Sheriff, Avon, Minturn, Eagle, Gypsum and the US Forest Service. Originally considered an internal services fund, this fund has been reclassified to an enterprise fund because the majority of its revenue is now received from outside agencies. Debt Service Fund This fund accounts for the current bonded debt obligations of the town. Revenue for this fund is comprised of transfers from other funds and interest earnings. Attachment B -3- Policies Overview Version 1 Changes from last year highlighted Budgeting Process BUDGET PHILOSOPHIES AND PRACTICES The budget will reflect the town's vision to be the premier mountain resort community. _ ~, _ - .__ - Strategic prionties~ are reviewed and revised periodically -The-'Town Counc~ has iden#~fied, tfig foil©wing areas of strategic focus which are supportedby the Zfl05 budge _ • Facilitate-'Nail's Redevelopment ~ - - .: - - _ .. - :: - - .- ~ Address issues Proactively • Elevate Community. Leadership . ~ Improve Local Economy • Add to `Tail's Appeal as a Great.Piace to Live,. Work,. and Play - Revenues will be projected conservatively using analytical processes. Revenue collections will be reviewed monthly or quarterly, depending on the revenue source during the fiscal year to determine variations from the budget. - When appropriate, new programs that require additional resources aze to be funded by new or increased revenues~or an allocation of resources from an existing program. They are not funded from fund balance. Fund balances shall be adequate enough to cover short-term fluctuations in revenues, emergencies, and planned future expenditures. It is recommended the General Fund balance be at least 25% of the budgeted revenues. The town will develop afive-yeaz fmancial projection for all major funds annually. The town will develop afive-yeaz plan for Capital Projects and RETT annually and complete capital improvements in accordance with the plan. Attachment B Policies Overview - 4 2004 Areas of Focus Vail Town Council & staff, working with the community, will: FACILITATE YAIL'S REDEVELOPMENT 1Mth $1 bililon in redevelopment proposed for the next several years, the Town of Vail must be prepared to facilitate this much needed revitalization of private and public property. • Provide townwide coordination to minimize adverse impacts and accelerate positive impacts. • Develop proactive, two-way communications with business and residential community regarding construction benefits and assodated impacts. • Maintain character ofTown of Vail; even redevelopment must pay its way. • Manage the priorities wfth an understanding that processing smaller projects should not be negatively impaled by the town's larger projects. • Coordinate public and private projects, leverage opportunities. • Convey the message that we're open for business during ~'i' construction. "~~ ~ ADDRESS ~ ISSUES PROACTIVELY Continue to proactively pursue resolution to projects important to Vail's future, including: Conference Center Construction • Parking West Vaii Fre Station/Hud Wirth Master Site Plan Fre Services Consolidation • Redevelopment ofTimber Ridge Housing I-70 Noise Mitigation • Phase II-Vail~llage Streetscape Golf CourselUubhouse Renovation • Rre Mitigation at Dobson Arena Lionshead Redevelopment • I-70 Corridor Long-Term Solutions +~ Red Sandstone Multi-Purpose Recreation Fadlity '~\ Vaii Ice Dome ~ .~; r •- ::,. ~.~ ~ .,. ~~ ' - :ELEVATE .. ... _~., ~, COI~IUI+II`Y 1EADE[~S`#t1P fo~mrclFartd s~~wilP'61=feadl~rs;fin~settii'rg<~ posit[~~tone tli%agls par#nershtpF ctiope~tian acid, coordination w8~:, ~' - ~Ztgie;-(JdantSr and ofiltax;muRtlifMps • Imptctve retaGonsfiijrwifh aurpartret~ tirelrait'fteaeatian.D'~strid and' Eagle -.~, • ` ~ ` County;'to.trtdzittrtzeinvestment'opptsttunfiti~s. FDmta'tanmtiitteetafocu~~flre#a~~termca~fneedsofVafYarrd~aw~tofUnd thertt. Eoe[uoR reveatian; trensportation, public safet}~and other mfrastcudure '~' t~tfiter, vtitit.'Bre;Y;fiGiZecreation District and others fi this activity: ~ itrVb'{datl'te'~mmunity to every extent possibly Pbrsue~apporCrmlty for ar}di6onat phrnniRg witfr the Urban fond trishTute. +'ESTte:t~l¢aii~itri~'idir~guesEex>terierrces.thaFare"sewrnftarrone.' ~ 1V~W~hti:tft be,per~fved as a place whereeveryarte~s weFwme: -_. ~ ''~ IMPROVE``'"- LOCAL ECONOMY Improve the economic health of Vail, while being flscally responsible. Focus on reversing trends of flat sales tax growth and increased regional competition. • Form a group to faalitate discussions with the business community on topics such as evaluating the role of a Business Improvement Distril; helping to fill empty store fronts; reviewing the town's ability to capture sales tax losses; reviewing how the town currently spends economic development funds; analyzing retail sectors and making recommendations for the future; and exploring economic opportunities in the West Vail business distril. • To assure theTown of Vail is being fiscally responsible, form a coundl sub-committee which will report quarterly to Coundl and the community concerning both expenditures and revenues of the town. , :r' • Develop a "buy locally" policy. __ ~`~`" ADD TO YAIL'S APPEAL AS A GREAT PLACE TO LIVE, WORK AND PLAY Improve quality of life experience for residents and guests. • Develop a housing master plan through the Housing Authority. Continue foci on offering diverse housing opportunities. • Be a model for environmental quality. An environmental audit of theTown of Vail organization is the first step. • Continue efforts to protel Gore Creek In partnership with the Eagle River Watershed Counal. • Continue our commitment to funding a variety of activities in theTown of Vail that appeal to all age groups that keep this place interesting and fun • Continue efforts to create a community that is affordable P ;` and attractive to families. y: >.~.~ .:., .~ ~ County Clerk's Required Dates for Ballot Issues July 23, 2004- Friday - TOV Notification deadline to Eagle County to participate in November General Election (If the town wishes to place a ballot question on the November General Election ballot, the town will need to pass the ordinance(s) -the first and second reading - no later than August 17th -this is the 2nd Tuesday in August.) September 3, 2004 -Friday The last day the Town can enter into and sign an Intergovernmental Agreement (IGA) with Eagle County September 8, 2004 -Wednesday Certification of ballot content to Eagle County or as soon after 8/17/04 as possible September 17, 2004 -Friday Pro/Con statements are due to Eagle County October 4, 2004 -Monday Last date to register to vote in November General Election October 18, 2004 -Monday Early/absentee voting begins at Eagle County designated polling places October 26, 2004 -Tuesday Last day to request absentee ballot for general election if mailed. October 29, 2004 -Friday before election -Last day to request absentee ballot for general election -walk in only November 2, 2004 -General Election Day -Tuesday - at the polls election November 14, 2004 -Sunday Last day for verification and counting of provisional ballots to be completed (within 12 days after the election.). Since this falls on a Sunday the County will have until the following Monday, November 15`x, to count and.verify. Attachment D 040615 Memo ORDINANCE 6 SERIES 2004 AN ORDINANCE AMENDING SECTION 5-1-6, "UNDESIRABLE PLANTS," OF THE MUNICIPAL CODE OF THE TOWN OF VAIL; PROVIDING FOR CERTAIN AMENDMENTS TO COMPLY WITH THE COLORADO NOXIOUS WEED ACT; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, it is the desire of the Town Council of the Town of Vail ("the Town") to amend the Town of Vail Municipal Code, as it relates to the control of noxious weeds in accord with the Colorado Noxious Weed Act, C.R.S. § 35-5.5-101, et seq.; and WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the citizens of the Town of Vail would be enhanced and promoted by the adoption of this ordinance. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 5, Chapter 1, Section 6, entitled "UNDESIRABLE PLANTS," of the Municipal Code of the Town of Vail is hereby amended to read as follows: (deletions shown in and additions shown in bold and underline) 5-1-6: ""'n~ciQnQi ~ ~i nniTe NOXIOUS WEEDS' A. Plants Listed: All plants declared noxious weeds pursuant to the Town of Vail Weed Manaaement Plan, which shall be annually reviewed and updated in compliance with the C.R.S. & 35-5.5-101 et sea , "The Colorado Noxious Weed Act." , B. Declaration Of Nuisance: , Any and all plants designated " " noxious weeds by the Town are declared to be a public nuisance. Such action may be taken as is available for nuisance abatement under the laws of this State and the Town, and as Town Council, in their sole discretion, deem necessary. - C. Removal Of Noxious Weeds Required By Property Owner: Property owners within the Town shall be responsible for the elimination of ~desira~le Ordinance 6, Series of 2004 ~~ noxious weeds from their property within ninety (90) days of the effective date hereof. Such removal shall be accomplished in an ecologically feasible and environmentally safe manner in accordance with all applicable laws, ordinances, rules and regulations. D. Enforcement: The Town shall have the right to enter upon any premises, land, or place, whether public or private, during reasonable business hours or upon proper notice for the purpose of inspecting for the existence of t~^~^~'r.,hle ni~n+~ noxious weeds, and shall have the right to propose, implement or enforce the management of ~esirabl°~- '~ noxious weeds upon such lands in accordance with the provisions of Colorado Revised Statutes section 35-5.5-108.5 and 109. E. Advisory Board: The Vail Town Council shall be the local advisory board for all state and local noxious weed statutes, ordinances and regulations. The mayor shall be the chair and the mayor pro tem shall be the secretary. A majority of the members of the board shall constitute a quorum. F. Penalty: Violation of this Section shall be subject to penalty as provided in , Section 1-4-1 of this Code, in addition to any other remedies provided herein or allowed by ordinance, law, rule, or regulation. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary~and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Ordinance 6, Series of 2004 Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any . other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. 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 15th day of June, 2004 and a public hearing for second reading of this Ordinance set for the 6th day of July, 2004, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance 6, Series of 2004 THE TOWN OF VAIL WEED MANAGEMENT PLAN The Town of Vail in accordance with "Colorado Noxious Weed Act", C.R.S. § 35-5.5-101 et seq., and through Eagle County Resolution No. 2000-45, through it's own Title 5, Public Health & Safety, Chapter 1 Public Nuisances, 5-1-6: Undesirable Plants (1997 Code: Ord. 19 (1993)§ 1) hereby designates the following plants as Noxious Weeds: Common Name: Scientific Name: 1. Leafy Spurge (Euphorbia esula ) 2. Russian Knapweed (Acroptilon repens) 3. Diffuse Knapweed (Centaurea diffusa) 4. Spotted Knapweed (Centaurea maculosa) 5. Canada Thistle (Cirsium arvense) 6. Musk Thistle (Carduus nutans) 7. Plumeless Thistle (Carduus acanthoides) 8. Scotch Thistle (Onopordum acanthium) 9. Houndstongue (Cynoglossum officinale) 10. Whitetop/Hoary Cress (Cardaria draba) 1' 1. Yellow Toadflax (Linaria vulgaris) 12. Oxeye Daisy (Chrysanthemum leucanthemum) 13. Dalmatian Toadflax (Linaria dalmatica) 14. Common Tansy (Tanacetum vulgare) 15. Scentless Chamomile (Matricaria perforata) 16. Salt Cedar (Tamarix chinensis) The purpose of this Weed Management Plan is to update the Town of Vail's list of noxious weds as set forth in the "Colorado Noxious Weed Act," and Eagle County Resolution No. 2000-45. The Town of Vail will annually review acid update this list of noxious weeds pursuant to state statute and county resolution, or sooner if necessary. It is expressly understood in this plan that the above-referenced list shall be inclusive of all "List A" species of noxious weeds to the extent they are found within the Town of Vail and identified for mandatory eradication by the State of Colorado. It is also expressly understood that any and all "list B" species of noxious weeds not currently listed above, but later found within the Town of Vail and identified by the state for mandatory eradication pursuant to state regulation 8 CCR 1203-19, shall be incorporated into this plan and that no amendment hereto shall be necessary prior to taking enforcement action for the eradication of said species. -1- 2004 I. Introduction: The noxious weeds that have currently invaded our community have be come a threat to the economic and environmental value of land in the Town of Vail and Eagle County. These weeds are not indigenous to this county and have no natural predators or diseases to keep them in check. They are rapidly displacing desirable vegetation causing a loss of productive wildlife grazing and recreational resources. An integrated noxious weed management plan must include best practice strategies along with the Federal, State of Colorado, Eagle County, Town of Vail and Private land owners, working together to meet the challenges we now face in our state. II. Goals of this plan: • Adopting and implementing the Colorado Noxious Weed Act and Eagle County Resolution No. 2000-45 as they apply to the Town of Vail. The Town of Vail Code as it pertains to noxious weeds will automatically update along with all future revisions and amendments to the Colorado Noxious Weed Act and Eagle County Resolution No.2000-45. • Education of the public and private landowners concerning weed management issues facing our community. • Work with the Federal, State, County, private landowners and I-70 Corridor Communities within our Eagle County working together to implement "Best Management Practices. " • Identify, Inventory and Map out noxious weeds currently in our community and use as a means to monitor our effectiveness and as a tool for future work plans. III. Weed Management Methods: The Colorado Noxious Weed Act provides that integrated methods must be utilized in the management of weeds. Integrated methods include but are not limited to: Cultural, Chemical, Biological and Mechanical management. Please understand that many or all of these methods maybe inadequate for control as a stand alone solution. Particularly cultural, mechanical and biological methods will need support from one or more methods mentioned. • Cultural -those methodologies or practices conducted to favor the growth of desirable plants over undesirable plants. -2- Including but not limited to: maintaining an optimum fertility and plant moisture status in an area, and planting species most suited to an area. (Grazing, Revegetation for wildlife) • Erosion Control -Healthy plant revegetation of all disturbed sites, with a 2 year warranty and extensive. weed control during the re-growth period • Chemical -the use of herbicides or plant growth regulators to disrupt the growth of undesirable plants. (Herbicides) • Biological -the use of organisms to disrupt the growth of undesirable plants. (Insects, Bacteria, Pathogens, Goats) • Mechanical -practices that physically disrupt plant growth including but not limited to: (tilling, mowing, burning, mulching, hand pulling, and hoeing) 1. Leafy spurge - (Euphorbia esula) a perennial that spreads by seed and creeping rootstocks. An extensive root system with vast nutrient reserves makes this plant extremely difficult to control. Management Methods: a) Cultural: seeding perennial grasses can be an effective management tool. Early emerging plant species that utilize early season moisture such as smooth brone (bromus inermis) or crested wheat grass have reduced leafy spurge density and limited the spread and establishment of new infestations. Alfalfa can also be a good competitor with leafy spurge. 'n) Chemical: Contact a licensed commercial applicator for specific recommendations for herbicide use. c) Biolo ical: grazing with sheep or goats can stress leafy spurge making it more susceptible to other control methods. Apthona flava and Apthona nigriscutis are two species of flea beetles that have been introduced to attack leafy spurge. Adults feed on foliage during summer and lay eggs at the base of spurge plants. The larvae tunnel the soil and mine the roots as well as the fine root hairs. These insects along will not control leafy spurge but they can weaken the plant making it more susceptible to herbicide treatments or other control methods. d) Mechanical: mechanical methods have not been proven to be an effective management tool on this plant. Comments: A complex of insects, grazing, plant disease and chemical methods will be necessary to stress the plant sufficiently to attain acceptable control. 2. Russian Knapweed - (Acroptilon repens) A creeping perennial weed which once established, becomes extremely difficult to control. In heavy infestations few plants can grow in competition. -3- Management Methods: a) Cultural: dry range seeded with Crested wheatgrass can cause stress in knapweed by using up moisture for spring growth. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. . c) Biolo 'cal: a leaf & stem gall-forming nematode (Subanguina peridus) has been released in the U.S. This nematode had shown limited success in controlling Russian knapweed d) Mechanical: due to the extensive energy reserves in the root system, removal of top growth alone will not provide adequate control of Russian knapweed. In fact recent studies have shown that mowing increases Russian knapweed density and stimulates growth. . 3. Diffuse Knapweed - (Centaurea diffusa) is a biennial or short lived perennial which has become one of the most damaging rangeland weeds in the Northwest inter-mountain area. Management Methods: a) Cultural: Seeding of Crested wheatgrass can inhibit the spread of diffuse knapweed in dry climates b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biolo ig cal: Two kinds of seed head gall flies (Uphora affins and Uphora quadrifaciata) attack the seed heads of Spotted knapweed. The larvae of the files induce galls in immature flower heads thus directing nutrients away from seed production. 'These flies will reduce seed production of the plant but not sufficiently to stop its spread. d) Mechanical: Deep plowing can reduce the stand density. 4. Spotted Knapweed - (Centaurea maculosa) is a biennial or short lived perennial that greatly reduces the range's carrying capacity for both livestock and wildlife. Management Methods: a) Cultural: Good grazing management is one of the best defenses against the spread of knapweeds on the range and pasture lands. Proper stocking rates, good livestock distribution and correct timing and deferment of grazing are essential to the maintenance of a healthy range or pasture environment. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: Two kinds of seed head gall flies (Uphora affins and Uphora quadrifaciata) attack the seed heads of Spotted knapweed. The larvae of the files -4- induce galls in immature flower heads thus directing nutrients away from seed production. These flies will reduce seed production of the plant but not sufficiently to stop its spread. . d) Mechanical: Deep plowing can reduce the stand density. 5. Canada Thistle - (Cirsium arvense) A perennial weed with an extensive root system, Canada Thistle reproduces both by seed and by vegetation buds on the roots. This requires a much more extensive management plan than the biennial thistles. Management Methods: a) Cultural: Cultivation may increase the number of plants by spreading the roots to new areas where they may become established. Competitive crops, especially alfalfa and forage grasses may be used to control Canada thistle infestations. Choose aggressive grass with early season vigor to plant in areas where Canada thistle is present. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biolo ical: Ceutorhynchus litura is a stem weevil whose larvae mine tissues of the leaf, root crown and root. Outward signs of damage by this larvae are not readily apparent but secondary damage is caused by other organisms which enter the plants through exit holes made by the larvae. Urophora cardui is a stem gall fly whose larvae cause galls to form on the stem of Canada thistle plants. The galls reduce the plant's vigor making it less able to compete with other plants or to resist pathogens or attacks by other insects. It is essential that both of these insects be combined with other methods of control for adequate management of Canada thistle. d) Mechanical: Mowing can be an effective tool when combined with herbicide treatment. Mowing alone is not effective unless conducted at two week intervals over several growing seasons. Mowing should always be combined with cultural and chemical control. 6. Musk, Plumeless, & Scotch Thistles -are all biennial weeds, which require the same management methods. Biennial weeds are best controlled in their first year of growth. This group of thistle is the most commonly found noxious weed in Eagle County. Management Methods: a) Cultural: The best way to prevent or reduce the amount of biennial thistle is to manage areas that are susceptible to invasion b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. -5- c) Bioloi?ical: Rhinocyllus conicus is a flower head weevil which is widely distributed in Eagle County. This weevil consumes most of the seeds in the terminal flower heads, but has no effect on buds which form later in the season. The conicus weevil can be an effective control method only if it is combined with chemical mechanical controls. Trichosirocalus horridus is a crown weevil which feeds on the growing tip of the thistle rosette. This weevil has been released on numerous occasions in Eagle County but has not yet become established. Due to the very nature of the predator prey cycle the bio control listed above will not completely eliminate the thistle. d) Mechanical: Since these thistles are biennials and do not resprout, they are easily killed by tillage or any method that severs the taproot below the crown of the plant. If dug or cut after seed heads have formed the plants should be burned or otherwise destroyed so the seeds will not mature. Mowing is effective only if done when flowers first open. A second mowing may be necessary because the plants may recover and produce viable seed later in the growing season. 7. Houndstongue - (Cynoglossum officinale) is a biennial weed which is toxic to horses and cattle. The seed is contained in pods, which are covered with barbs enabling them to stick to clothing or animal hair, and thus readily transported. Management Methods: a) Cultural: Maintain range and pasture in good condition through proper irrigation and fertilization. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biolo ig cal: No biological controls are available at this time. d) Mechanical: Severing the taproot below the crown will control Houndstongue. After cutting, the plants should be burned or removed if they are in bloom to prevent seed formation. 8. Hoary Cress Whitetop - (Cardaria draba) is a perennial plant, which is very competitive with native vegetation. Its early seeding habits make it difficult to effect control in a timely manner. Management Methods: a) Cultural: The effectiveness of mowing or cultivation will be increased if perennial grasses or alfalfa are seeded as competitor species. Promote healthy grass in rangeland or pastures by using proper irrigation and fertilization techniques. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biolo ical: No insects are known to be effective for controlling this weed. -6- d) Mechanical: No scientific data is available on mechanical control for this species. Mowing just prior to seed set may reduce overall seed production, but must repeated several times during the growing season. 9. Yellow Toadflax - (Linaria vulgaris) This deep-rooted perennial plant is an aggressive invader of rangeland, pasture and waste areas. Once established on a site it is one of the most difficult noxious weeds to control. Management Methods: a) Cultural: No data is currently available for the control of Yellow toadflax. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c} Biological: The Calophasia lunula moth larvae can reduce the root reserves and general vigor of Yellow toadflax by defoliating new growth and eating buds and flowers. Gymnetron antirrhini is a capsule weevil which can reduce the amount of seed produced but has little if any effect on stand density. Combine the use of either of these insects with chemical or mechanical control for best results. d) Mechanical: Mowing at bud stage two or three times per year will reduce seed production but will not effect stand density or duration. Repeated cultivation twice a year for two years should slow the spread and reduce seed population. This should be followed by seeding of competitive grasses. 10. Dalmation Toadflax - (Linaria dalmatica) An introduced perennial with a creeping root system. This plant may suppress desirable grasses even in well managed rangeland or pastures. Management Methods: a) Cultural: No data is currently available for the control of Yellow toadflax. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biolo ig cal: The Calophasia lunula moth larvae can reduce the root reserves and general vigor of Yellow toadflax by defoliating new growth and eating buds and flowers. Gymnetron antirrhini is a capsule weevil which can reduce the amount of seed produced but has little if any effect on stand density. Combine the use of either of these insects with chemical or mechanical control for best results. d) Mechanical: Mowing at bud stage two or three times per year will reduce seed production but will not effect stand density or duration. Repeated cultivation twice a year for two years should slow the spread and reduce seed population. This should be followed by seeding of competitive grasses. 11. Oxeye Daisy - (Chrysanthemum leucanthemum) A member of the sunflower family is an erect perennial plant with white ray and yellow disk flowers which bloom from June through August. A native of Eurasia, this aggressive plant has escaped cultivation and become a troublesome weed in the Intermountain West. -~- Management Methods: a) Cultural: Maintain range and pasture in good condition through proper irrigation and fertilization. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biolo ical: None known d) Mechanical: Hand pulling or digging before seed head production can used to effectively control small infestations. However, for this method to be successful it is important to remove as much of the underground part as possible. 12. Scentless Chamomile - (Marticaria perforata) An escaped ornamental plant, this annual has become widely established in the eastern part of Eagle County and is a threat to native plant communities. Management Methods: a) Cultural: Learn to identify the plant and physically remove them when they first appear. Seed competitive cool season grasses that out compete this plant at its early stage of growth. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biolo ical: No known biological controls d) Mechanical: Since it is an annual plant, chamomile can be controlled by hand pulling, cultivation, or any type of physical disturbance. 13. Common Tansv - (Tanacetum vulgare) An escaped ornamental, is a perennial plant, from 1 '/2 feet to 6 feet tall with showy button-like flowers. Tansy is a member of the sunflower family and has become widely established on the western slope of Colorado. Flowering typically occurs from July to September. Tansy reproduces by both seed and creeping rootstock. Management Methods: a) Cultural: Prevent the establishment of new infestations by minimizing disturbance and seed dispersal, eliminating seed production and maintaining healthy native communities. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biolo ical: None known -8- d) Mechanical: can be mowed before flowering and seed set to eliminate seed production. This method may have to be repeated to eliminate regrowth from the rootstock -9- .'i% MEMORANDUM TO: Town Council FROM: Community Development Department DATE: June 15, 2004 SUBJECT: Proposed text amendments to Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Single-Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential (PS) districts, and setting forth details in regard thereto. Applicant: Vicki Pearson, et. al. Planner: Bill Gibson I. DESCRIPTION'OF THE REQUEST Second reading of Ordinance No. 10, Series of 2004, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Single-Family Residential (SFR), Two- Family Residential (R), and Two-Family Primary/Secondary Residential (PS) zone districts, and setting forth details in regard thereto. BACKGROUND On June 1, 2004, the Town Council approved Ordinance No. 10, Series of 2004, on first reading. III. DISCUSSION ITEMS Since the first reading of Ordinance No. 10, Series of 2004, Staff has continued to analyze the specific language of this ordinance. Through this analysis, Staff is recommending minor modifications be made to Ordinance No. 10, Series of 2004, as outlined in Section IV of this memorandum. Staff is recommending that the floor-to-ceiling height limit for vaulted spaces counting as two levels of GRFA be revised from 15 feet to 16 feet for greater conformance with the building code floor-to-ceiling height requirements. The other proposed modifications are intended to clarify the policies and regulations being adopted with Ordinance No. 10, Series of 2004. IV. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council tables the second reading of Ordinance No. 10, Series of 2004, to amend the Gross Residential Floor Area (GRFA) regulations in the Single-Family ~ Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential (PS) districts, and setting forth details in regard thereto, to allow Staff to continue analyzing the specific language of the proposed ordinance. 1 Should the Town Council choose to approve Ordinance No. 10, Series of 2004, on second reading, the Community Development Department recommends the Town Council makes the following findings: 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. Should the Town Council choose to approve Ordinance No. 10, Series of 2004, on second reading, the Community Development Department recommends the following modifications: 1. Section 1 shall be modified as follows: BASEMENT: For the purposes of calculating gross residential floor area (GRFA), that lowest floor level of a structure where the finished floor elevation of the level above (or impervious surface elevation above) is both: 1. Not more than 6 feet above the lesser of the adjacent existing, finished, or interpolated grades for more than 50 percent (50%) of the lowest level's exterior wall perimeter. 2. Not more than 12 feet above the lesser of the adjacent existing, finished, or interpolated grades at any point along the lowest level's exterior wall perimeter. 2. Section 1 shall be modified as follows: SITE COVERAGE: The ratio of the total building area of a site to the total area of a site, expressed as a percentage. For the purposes of this definition, "building area of a site" shall mean that portion of a site occupied by any building, carport, porte cochere, arcade, and covered or roofed walkway constructed at, below, or above grade as measured from the outside face of the sheathing of the exterior f°~~-she-perimeter walls or supporting columns. For the purposes of this definition, a balcony o~~deck projecting from a higher elevation may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway. In addition to the above, building area shall also include any portion of a roof.overhang, eaves, or 2 covered stair, covered deck, covered porch, covered terrace or covered patio that extends more than four feet (4') from the exterior face of the perimeter building walls or supporting columns. 3. Section 5 shall be modified as follows: Single-Family and If a dwelling unit's gross residential floor Two-Family Dwellings area is less than 2,000 square feet: 2 spaces If a dwelling unit's gross residential floor area is 2,000 square feet or more, but less than 4,000 square feet: 3 spaces If a dwelling unit's gross residential floor area is 4,000 square feet or more, but less than 5,500 square feet: 4 spaces If a dwelling unit's gross residential floor area is 5,500 square feet or more: 5 spaces Multiple-Family If a dwelling unit's gross residential floor Dwellings area is 500 square feet or less: 1.5 spaces /f a dwelling unit's gross residential floor area is more than 500 square, but less than 2,000 square feet: 2 spaces if a dwelling unit's gross residential floor area is 2,000 square feet or more: 2.5 spaces 4. Section 8 shall be modified as follows: ...except the horizontal areas of a structure as set forth herein shall then be deducted from the calculation of GRFA: e. Crawlspaces accessible through an opening not greater than twelve (12) square feet in area, with five feet (5') or less of ceiling height, as measured from the surface of the earth to the underside of structural floor members of the floor/ceiling assembly above. Crawlspaces created by a "stepped foundation", hazard mitigation, or other similar engineering requirement that has a total height in excess of five feet (5') may be excluded from GRFA calculations at the discretion of the administrator. 5. Section 8 shall be modified as follows: ...except the horizontal areas of a structure as set forth herein shall then 3 be deducted from the calculation of GRFA: f. Basements: that lowest floor level of a structure where the finished floor elevation of the level above (or impervious surface elevation above) is both: 1. Not more than 6 feet above the lesser of the adjacent existing, finished, or interpolated grades for more than 50 percent (50%) of the lowest level's exterior wall perimeter. 2. Not more than 12 feet (12') above the lesser of the adjacent existing, finished, or interpolated grades at any point along the lowest level's exterior wall perimeter. 6. Section 8 shall be modified as follows: ...except the horizontal areas of a structure as set forth herein shall then be deducted from the calculation of GRFA: g. Vaulted Spaces: Interior vaulted spaces and areas "open to below" with afloor-to-ceiling height less than sixteen feet (16'), as measured from the finished floor to the underside of the structural members of the floor/ceiling assembly above. 7. Section 8 shall be modified as follows: ...Additional Calculation Provisions: d. Vaulted Spaces: Any interior space with afloor-to-ceiling height of sixteen feet (16') or greater, as measured from the finished floor to the underside of the structural members of the floor/ceiling assembly above,. shall be counted as GRFA on two levels of a structure. 8. Section 8 shall be modified as follows: ...Additional Calculation Provisions: e. Crawlspaces: Footings and foundations for crawlspaces deducted from the GRFA calculations shall be designed in accordance with the minimum standards of the adopted building code. These footings and foundations shall also be designed to be responsive to the natural topography of the site and not create undo excavation and site disturbance. 9. Section 8 shall be modified as follows: ...Additional Calculation Provisions: f. Basements: Basements deducted from the GRFA calculations shall be designed to be responsive to the natural topography of the site, not create undo excavation and site disturbance, and not create voids between levels of a building. 4 V. ATTACHMENTS Attachment A: Ordinance No. 10, Series of 2004 Attachment B: Ordinance No. 10, Series of 2004, modified per the Staff recommendations 5 Attachment: A ORDINANCE NO. 10 Series of 2004 AN ORDINANCE AMENDING TITLE 12 (ZONING REGULATIONS), VAIL TOWN CODE, TO AMEND THE GROSS RESIDENTIAL FLOOR AREA (GRFA) REGULATIONS IN THE SINGLE- FAMILY RESIDENTIAL (SFR), TWO-FAMILY RESIDENTIAL (R), .AND TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (PS) ZONE DISTRICTS AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this text amendment at its September 8, 2003, meeting, and has submitted its recommendation to the Town Council; and WHEREAS, the Vail Town Council finds that the amendments are 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 WHEREAS, the Vail Town Council finds that the amendments further the general and specific purposes of the zoning regulations; and WHEREAS, the Vail Town Council finds 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. Ordinance No. 10, Series of 2004 ~ NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-2-2 (Definitions) of the Vail Town Code shall hereby be amended as follows: (Text which is to be deleted is indicated as str+s4~e~. Text which is to be added is indicated as bold italics.) FLOOR AREA, GROSS RESIDENTIAL (GRFA): Tho ±~±ul ~,,, i~ro fnnf.,ne „f -.n io„oi~ „f ., chop+rnnL .,~~~+o~ ~~,~ „+F,or ~~.,,;i.,...,,,n F:.,;..~,.~~ Refer to chapter 15 of this title for GRFA definitions, regulations, and requirements for GRFA calculation. SITE: See "Lot" SITE COVERAGE: The ratio of the total building area of a site to the total area of a site, expressed as a percentage. For the purposes of this definition, "building area of a site" shall mean that portion of a site occupied by any building, carport, porte cochere, arcade, and covered or roofed walkway constructed at, below, or above grade as measured from the exterior face of the perimeter walls or supporting columns. For the purposes of this definition, a balcony or deck projecting from a higher elevation may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway. In addition to the above, building area shall also include any portion of a roof overhang, eaves, or covered stair, covered deck, covered porch, covered terrace or covered patio that extends more than four feet (4') from the exterior face of the perimeter building walls or supporting columns. Section 2. Section 12-6B-8B (Single-Family Residential District, Density Control) of the Vail Town Code shall hereby be repealed and amended with the following: (Text which is to be deleted is indicated as s#isl~er-r. Text which is to be added is indicated as bold italics.) B. Gross Residential Floor Area: r 1. The following gross residential floor area (GRFA) shall be permitted on each site: Ordinance No. 10, Series of 2004 2 a. Not more than forty (40) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10,000) square feet of site area; plus b. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of ten thousand (10,000) square feet 3. No single-family residential lot except those located entirely in the red hazard avalanche zone or the flood plain shall be so restricted that it cannot be occupied by one single-family dwelling. Section 3. Section 12-6C-8B (Two-Family Residential District, Density Control) of the Vail Town Code shall hereby be amended as follows: (Text which is to be deleted is indicated as ~+ Text which is to be added is indicated as bold italics.) B. Gross Residential Floor Area: 1. The following gross residential floor area (GRFA) shall be permitted on each site: Ordinance No. 10, Series of 2004 3 a. Not more than forty six (46) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10,000) square feet of site area; plus b. Thirty eight (38) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over ten thousand (10,000) square feet, not exceeding fifteen thousand (15,000) square feet of site area; plus c. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over fifteen thousand (15,000) square feet, not exceeding thirty thousand (30,000) square feet of site area; plus d. Six (6) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of thirty thousand (30,000) square feet. Section 4. .Section 12-6D-8 (Two-Family Primary/Secondary Residential District Density Control) of the Vail Town Code shall hereby be amended as follows: (Text which is to be deleted is indicated as ~+r Text which is to be added is indicated as bold italics.) B. Gross Residential Floor Area: 1. The following gross residential floor area (GRFA) shall be permitted on each site: a. T~eion+a fivo /7~.1 crn ~~rn foof of nrncc rncirlonfi~l flnnr oro~ ((;R~41 fnr n~rh nno hi ~nr-lrorl (1(1(11 cni i~ro foof of fho fircf fif+ao~_ ~ ~ Ordinance No. 10, Series of 2004 4 a. Not more than forty six (46) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10,000) square feet of site area; plus b. Thirty eight (38) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over ten thousand (10,000) square feet, not exceeding fifteen thousand (15,000) square feet of site area; plus c. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over fifteen thousand (15,000) square feet, not exceeding thirty thousand (30,000) square feet of site area; plus d. Six (6) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of thirty thousand (30,000) square feet. e. The secondary unit shall not exceed forty percent (40%) of the allowable GRFA. Section 5. Section 12-10-10B (Parking Requirement, Schedule B) of the Vail Town Code shall hereby be amended as follows: (Text which is to be deleted is indicated as s#~+sker~. Text which is to be added is indicated as bold italics.) Use Parking Requirement Ordinance No. 10, Series of 2004 cJ Single-Family and if the unit's gross residential floor area is Two-Family Structures less than 2,000 square feet: 2 spaces per unit (including EHUs) if the unit's gross residential floor area is 2,000 square feet or more, but less than 4,000 square feet: 3 spaces per unit If the unit's gross residential floor area is 4,000 square feet or more, but less than 5,500 square feet: 4 spaces per unit if the unit's gross residential floor area is 5,500 square feet or more: 5 spaces per unit Multiple-Family and If the unit's gross residential floor area Mixed-Use is 500 square feef or less: 7.5 spaces per unit Structures (including EHUs) /f the unit's gross residential floor area is more than 500 square, but less than 2, 000 square feet: 2 spaces per unit If fhe unit's gross residential floor area is 2,000 square feet or more: 2.5 spaces per unit Section 6. Section 12-13-4 (EHU Requirements by Type) of the Vail Town Code shall hereby be amended as follows: (Text which is to be deleted is indicated as sfr+s{~er-~. Text which is to be added is indicated as bold italics.) EHU Additional GRFA Type I The EHU is entitled to an additional X98 550 sq: ft. Type II The EHU is entitled to an additional 58~ 550 sq. ft Ordinance No. 10, Series of 2004 6 Section 7. Section 12-15-2 (GRFA REQUIREMENTS BY ZONE DISTRICT) of the Vail Town Code shall be repealed and hereby re-enacted as follows: Zone Districts GRFA Ratio GRFA Credits (Added to results of application of percentage) Hillside Residential .20 of site <_21,780 sq. ft., plus 425 sq. ft. per allowable dwelling unit (HR) .05 of site area >21,780 sq. ft. Single-Family .40 of site area <_10,000 sq. ft., plus None Residential. (SFR) .13 of site area >10,000 sq. ft. Two-Family .46 of site area <_10,000 sq. ft., plus None Residential (R) .38 of site area >10,000 and <_15,000 sq. ft., plus .13 of site area >15,000 and <_30,000 sq. ft., plus .06 of site area >30,000 sq. ft. Two-Family .46 of site area <_10,000 sq. ft., plus None Primary/Secondary .38 of site area >10,000 and <_15,000 sq. ft., (P/S) Residential plus .13 of site area >15,000 and <_30,000 sq. ft., plus ".06 of site area >30,000 sq. ft. (the secondary unit shall not exceed 40% of the allowable GRFA) Residential Cluster .25 of buildable area 225 sq.ft. for single-family and two-family (RC) structures only Low Density Multiple .30 of buildable area 225 sq.ft. for single-family and two-family Family (LDMF) structures only Medium Density .35 of buildable area 225 sq.ft. for single-family and two-family Multiple-Family structures only (MDMF) High Density .60 of buildable area None Multiple-Family (HDMF) Hbusing (H) Per Planning and Environmental Commission None approval Ordinance No. 10, Series of 2004 7 Public .80 of buildable area None Accommodation (PA) Commercial Core 1 .80 of buildable area None (CC1) Commercial Core 2 .80 of buildable area None (CC2) Commercial Core 3 .30 of buildable area ~ None (CC3) Commercial Service .40 of buildable area None Center (CSC) (GRFA shall not exceed 50% of the total building floor area on any site) Arterial Business .60 of buildable area None (ABD) Heavy Service (HS) None permitted None Lionshead Mixed 2.5 of buildable area None Use 1 (LMU-1) 2.5 of buildable area Lionshead Mixed None Use 2 (LMU-2) Agriculture and 2,000 square feet None Open Space (A) Outdoor Recreation None permitted None (OR) Parking (P) None permitted None General Use (GU) Per Planning and Environmental Commission None approval Natural Area None permitted None Preservation (NAP) Ordinance No. 10, Series of 2004 Ski Base/Recreation Per Town Council approval None (SBR) Special Per underlying zoning or per development plan None Development approval by Town Council Districts (SDD) Ski Base/Recreation Per Planning and Environmental Commission None 2 (SBR2) approval Section 8. Section 12-15-3 (GROSS RESIDENTIAL FLOOR AREA; DEFINITION, CALCULATION, AND EXCLUSION) of the Vail Town Code-shall be repealed and hereby re- enacted as follows: A. Within the Single-Family Residential, Two-Family Residential, and Two-Family Primary/Secondary Residential Districts: 1. Definition, Calculation and Deductions: Gross Residential Floor Area Defined: For residential uses, the total square footage of all horizontal areas on all levels of a structure, as measured to the outside face of the sheathing of the exterior walls (i.e., not including exterior wall finishes). Floor area shall include, but not be limited to, elevator shafts and stairwells at each level, lofts, fireplaces, bay windows, mechanical spaces, vents and chases, storage areas, and other similar areas. Garages; attics; vaulted or open to below spaces; basements; crawlspaces; and roofed or covered decks, porches, terraces, or patios shall be included as floor area; except the horizontal areas of a structure as set forth herein shall then be deducted from the calculation of GRFA: a. Enclosed garage areas of up to three hundred (300) square feet per vehicle space not exceeding a maximum of two (2) vehicle parking spaces for each allowable dwelling unit permitted by this title. Garage area deducted from floor area is awarded on a "per space basis" and shall be contiguous to a vehicular parking space. Each vehicular parking space shall be designed with direct and unobstructed vehicular access. Alcoves, storage areas, and mechanical areas which are located in a garage and which are twenty five percent (25%) or more open to the garage area may be included in the garage area deduction. ~, Interior walls separating the garage from other areas of a structure may be included in the garage area deduction. Ordinance No. 10, Series of 2004 9 b. Attic areas with a ceiling height of five feet (5') or less, as measured from the top side of the structural members of the floor to the underside of the structural members of the roof directly above. c. Attic areas created by construction of a roof with structural truss- type members, provided the trusses are spaced no greater than thirty inches (30") apart. d. Attic areas created by construction of a roof structure utilizing a nontruss system, with spaces greater than five feet (5') in height, if all of the following criteria are met: (1) The area cannot be accessed directly from a habitable area within the same building level; and (2) The area shall have only the minimum access required by the building code from the level below; and (3) The attic space shall not have a structural floor capable of supporting a "live load" greater than forty (40) pounds per square foot, and the "floor" of the attic space shall not be improved with decking; and (4) It must be demonstrated by the architect that a "truss- type" or similar structural system cannot be utilized as defined in the definition of floor area; and (5) It will be necessary that a structural element (i.e., collar- tie) be utilized when rafters are used for the roof system. In an unusual situation, such as when a bearing ridge system is used, the staff will review the space for compliance with this policy. e. Crawlspaces accessible through an opening not greater than twelve (12) square feet in area, with five feet (5') or less of ceiling height, as measured from the surface of the earth to the underside of structural floor members of the floor/ceiling assembly above. f. Basements: that lowest floor level of a structure where the finished floor elevation of the level above is both: 1. Not more than 6 feet above the lesser of the adjacent existing, finished, or interpolated grades for more than 50 percent of the structure perimeter. 2. Not more than 12 feet above the lesser of the adjacent existing, finished, or interpolated grades at any point along the structure perimeter. g. Vaulted Spaces: Any interior space with afloor-to-ceiling height greater than fifteen feet (15'), as measured from the finished floor to Ordinance No. 10, Series of 2004 10 the underside of the structural members of the floor/ceiling assembly above, shall be counted as GRFA on two levels of a structure. h. Roofed or covered decks, porches, terraces, patios or similar features or spaces with no more than three (3) exterior walls and a minimum opening of not less than twenty five percent (25%) of the lineal perimeter of the area of said deck, porch, terrace, patio, or similar feature or space, provided the opening is contiguous and fully open from floor to ceiling, with an allowance for a railing of up to forty four inches (44") in height and support posts with a diameter of eighteen inches (18") or less which are spaced no closer than ten feet (10') apart. The space between the posts shall be measured from the outer surface of the post. 2. Additional Calculation Provisions: a. Common Interior Party Walls: Where multiple dwelling units exist within one structure, GRFA shall be measured for each dwelling unit from the center of common interior party walls to the outside face of the sheathing of the exterior walls. b. Greenhouse Windows: Greenhouse windows (self-supporting windows) shall not be counted as GRFA. "Greenhouse windows" are defined according to the following criteria: 1. Distance Above Inside Floor Level: In order for a window to be considered a greenhouse window, a minimum distance of thirty six inches (36") must be provided between the bottom of the window and the floor surface, as measured on the inside face of the building wall. (Floor surface shall not include steps necessary to meet building code egress requirements.) The thirty six inch (36") minimum was chosen because it locates the window too high to be comfortably used as a window seat and because it allows for a typical four foot (4') high greenhouse window to be used in a room with an eight foot (8') ceiling height. 2. Projection: No greenhouse window may protrude more than eighteen inches (18") from the exterior surface of the building. This distance allows for adequate relief for appearance purposes, without substantially adding to the mass and bulk of the building. 3. Construction Characteristics: All greenhouse windows shall be self-supporting and shall not require special framing or construction methods for support, with the exception that c. brackets below the window may be allowed provided they die ~\ ~ into the wall of the building at a forty five degree (45°) angle. A small roof over the window may also be allowed provided Ordinance No. 10, Series of 2004 11 the overhang is limited to four inches (4")beyond the window plane. 4. Dimensional Requirement: No greenhouse window shall have a total window surface area greater than forty four (44) square feet. This figure was derived on the assumption that the maximum height of a window, in an average sized room, is four feet (4') and the maximum width for a four foot (4') high self-supporting window is between six feet (6') and eight feet (8') (approximately 32 square feet). Since the window would protrude no more than eighteen inches (18"), the addition of side windows would bring the overall window area to approximately forty four (44) square feet. 5. Quantity: Up to two (2) greenhouse windows will be allowed per dwelling unit, however, the forty four (44) square foot size limitation will apply to the combined area of the two . (2) windows. 6. Site Coverage: Greenhouse windows do not count as site coverage. c. In the Two-Family and Two-Family, Primary/Secondary Districts, GRFA is calculated based on the entire site area. B. Within all districts except the Single-Family Residential, Two-Family Residential, and Two-Family Primary/Secondary Residential Districts: 1. Gross Residential Floor Area Defined: The total square footage of all levels of a building, as measured at the inside face of the exterior walls (i.e., not including furring, Sheetrock, plaster and other similar wall finishes). GRFA shall include, but not be limited to, elevator shafts and stairwells at each level, lofts, fireplaces, bay windows, mechanical chases, vents, and storage areas. Attics, crawlspaces and roofed or covered decks, porches, terraces or patios shall also be included in GRFA, unless they meet the following provisions: b. Within buildings containing two (2) or fewer dwelling units, the following areas shall be excluded from calculation as GRFA. GRFA shall be calculated by measuring the total square footage of a building as set forth in the definition above. Excluded areas as set forth herein, shall then be deducted from total square footage: 1.~ Enclosed garages of up to three hundred (300) square feet per vehicle space not exceeding a maximum of two (2) spaces for each allowable dwelling unit permitted by this title. Ordinance No. 10, Series of 2004 ~ 2 2. Attic space with a ceiling height of five feet (5') or less, as measured from the top side of the structural members of the floor to the underside of the structural members of the roof directly above. Attic area created by construction of a roof with truss-type members will be excluded from calculation as GRFA, provided the trusses are spaced no greater than thirty inches (30")apart. 3. Crawlspaces accessible through an opening not greater than twelve (12) square feet in area, with five feet (5') or less of ceiling height, as measured from the surface of the earth to the underside of structural floor members of the floor/ceiling assembly above. 4. Roofed or covered deck, porches, terraces, patios or similar features or spaces with no more than three (3) exterior walls and a minimum opening of not less than twenty five percent (25%) of the lineal perimeter of the area of said deck, porch, terrace, patio, or similar feature or space, provided the opening is contiguous and fully open from floor to ceiling with an allowance for a railing of up to forty four inches (44") in height. b. Within buildings containing more than two (2) allowable dwellings or accommodation units, the following additional areas shall be excluded from calculation as GRFA. GRFA shall be calculated by measuring the total square footage of a building as set forth herein. Excluded areas as set forth shall then be deducted from the total square footage: 1. Enclosed garages to accommodate on-site parking requirements. 2. All or part of the following spaces, provided such spaces are common spaces: (a) Common hallways, stairways, elevator shafts and air locks. (b) Common lobby areas. (c) Common enclosed recreation facilities. (d) Common heating, cooling or ventilation systems, solar rock storage areas, or other mechanical systems. (e) Common closet and storage areas, providing access to such areas is from common hallways only. (f) Meeting and convention facilities. (g) Office space, provided such space is used exclusively for the management and operation of on-site facilities. (h) Floor area to be used in a type III "employee housing Ordinance No. 10, Series of 2004 13 unit (EHU)" as defined and restricted by chapter 13 of this title. 3. All or part of an air lock within an accommodation or dwelling unit not exceeding a maximum of twenty five (25) square feet, providing such unit has direct access to the outdoors. 4. Overlapping stairways within an accommodation unit or dwelling unit shall only be counted at the lowest level. 5. Attic space with a ceiling height of five feet (5') or less, as measured from the top side of the structural members of the floor to the underside of the structural members of the roof directly above. Attic areas created by construction of a roof with truss-type members will be excluded from calculation as GRFA, provided the trusses are spaced no greater than thirty inches (30") apart. 6. Crawlspaces accessible through an opening not greater than twelve (12) square feet in area, with five feet (5') or less of ceiling height, as measured from the surface of the earth to the underside of structural floor members of the floor/ceiling assembly above. 7. Roofed or covered decks, porches, terraces, patios or similar features or spaces with no more than three (3) exterior walls and a minimum opening of not less than twenty five percent (25%) of the lineal perimeter of the area of said deck, porch, terrace, patio, or similar feature or space, provided the opening is contiguous and fully open from floor to ceiling, with an allowance for a railing of up to forty four inches (44") in height and support posts with a diameter of eighteen inches (18") or less which are spaced no closer than ten feet (10') apart. The space between the posts shall be measured from the outer surface of the post. 2. Additional Calculation Provisions: a. Walls: Interior walls are included in GRFA calculations. For two- familyand primary/secondary structures, common party walls shall be considered exterior walls. b. Greenhouse Windows: Greenhouse windows (self-supporting windows) shall not be counted as GRFA. "Greenhouse windows" are defined according to the following criteria: Ordinance No. 10, Series of 2004 14 1. Distance Above Inside Floor Level: In order for a window to be considered a greenhouse window, a minimum distance of thirty six inches (36") must be provided between the bottom of the window and the floor surface, as measured on the inside face of the building wall. (Floor surface shall not include steps necessary to meet building code egress requirements.) The thirty six inch (36") minimum was chosen because it locates the window too high to be comfortably used as a window seat and because it allows for a typical four foot (4') high greenhouse window to be used in a room with an eight foot (8') ceiling height. 2. Projection: No greenhouse window may protrude more than eighteen inches (18") from the exterior surface of the building. This distance allows for adequate relief for appearance purposes, without substantially adding to the mass and bulk of the building. 3. Construction Characteristics: All greenhouse windows shall be self-supporting and shall not require special framing or construction methods for support, with the exception that brackets below the window may be allowed provided they die into the wall of the building at a forty five degree (45°) angle. A small roof over the window may also be allowed provided the overhang.is limited to four inches (4") beyond the window plane. 4. Dimensional Requirement: No greenhouse window shall have a total window surface area greater than forty four (44) square feet. This figure was derived on the assumption that the maximum height of a window, in an average sized room, is four feet (4') and the maximum width for a four foot (4') high self-supporting window is between six feet (6') and eight feet (8') (approximately 32 square feet). Since the window would protrude no more than eighteen inches (18"), the addition of side windows would bring the overall window area to approximately forty four (44) square feet. 5. Quantity: Up to two (2) greenhouse windows will be allowed per dwelling unit, however, the forty four (44) square foot size limitation will apply to the combined area of the two (2) windows. t, 6. Site Coverage: Greenhouse windows do not count as site coverage. Ordinance No. 10, Series of 2004 1 cJ c. Vaulted Spaces: Vaulted spaces and areas "open to below" are not included in GRFA calculations. d. Garage Credit: 1. Allowable garage area is awarded on a "per space basis", with a maximum of two (2) spaces per allowable unit. Each garage space shall be designed with direct and unobstructed vehicular access. All floor area included in the garage credit shall be contiguous to a vehicular space. 2. Alcoves, storage areas, and mechanical areas which are located in the garage and which are twenty five percent (25%) or more open to the garage area shall be included as garage credit. 3. Garage space in excess of the allowable garage credit shall be counted as GRFA. e. Crawl And Attic Space: 1. Crawlspaces created by a "stepped foundation", hazard mitigation, or other similar engineering requirement that has a total height in excess of five feet (5') may be excluded from GRFA calculations at the discretion of the administrator. 2. If a roof structure is designed utilizing a nontruss system, and spaces greater than five feet (5') in height result, these areas shall not be counted as GRFA if all of the following criteria are met: (a) The area cannot be accessed directly from a habitable area within the same building level; (b) The area shall have the minimum access required by the building code from the level below (6 square foot opening maximum); (c) The attic space shall not have a structural floor capable of supporting a "live load" greater than forty (40) pounds per square foot, and the "floor" of the attic space cannot be improved with decking; (d) It must be demonstrated by the architect that a "truss type" or similar structural system cannot be utilized as defined in the definition of GRFA; and (e) It will be necessary that a structural element (i.e., collar-tie) be utilized when rafters are used for the roof system. In an unusual situation, such as when a bearing ridge system is used, the staff will review the space for compliance with this policy. Ordinance No. 10, Series of 2004 ~ 6 Section 9. Subsection 12-15-4B (INTERIOR CONVERSIONS) of the Vail Town Code shall hereby be amended as follows: (Text which is to be deleted is indicated as str+sker+. Text which is to be added is indicated as bold italics.) B. Applicability: Within all zone districts except the Single-Family Residential, Two- Family Residential, and Two-Family Primary/Secondary Residential Districts, ' dwelling units that meet or exceed allowable GRFA will be eligible to make interior conversions provided the following criteria are satisfied: 1. Any existing dwelling unit shall be eligible to add GRFA, via the "interior space conversion" provision in excess of existing or allowable GRFA including such units located in a special development district; provided, that such GRFA complies with the standards outlined herein. 2. For the purpose of this section, "existing unit" shall mean any dwelling unit that .has been constructed prior to August 5, 1997, and has received a certificate of occupancy, or has been issued a building permit prior to August 5, 1997, or has .received final design review board approval prior to August 5, 1997. Section 10. Section 12-15-5 (ADDITIONAL GROSS RESIDENTIAL FLOOR AREA 250 ORDINANCE) of the Vail Town Code shall hereby be amended as follows: (Text which is to be deleted is indicated as str{slFer}. Text which is to be added is indicated as bold italics.) 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- familydwelling 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 t0 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 Ordinance No. 10, Series of 2004 17 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, Two-Family Residential, and Two-Family Primary/Secondary Residential Zone Districts. C ~. Single-Family Dwellings And Two-Family Dwellings: Asingle-family ortwo-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 ortwo-family dwelling unit shall meet the following criteria: 1. Eligible Time Frame: Asingle-family ortwo-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 Ordinance No. 10, Series of 2004 18 single-family ortwo-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 ortwo-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 ortwo-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 ortwo-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. 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 amulti-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: Amultiple-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 Ordinance No. 10, Series of 20b4 ~ 9 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. 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 amulti-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 Ordinance No. 10, Series of 2004 20 conform to density controls shall be eligible for additional GRFA pursuant to this section. E S. 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, byway 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 Determined: If the department of community development staff determines that the site for which the application was submitted is in compliance with town landscaping and site improvement standards, the applicant shall proceed as follows: a. Application for GRFA additions which involve no change to the exterior of a structure shall be reviewed and approved by the department of community development. b. Applications for GRFA additions involving exterior changes to a building shall be reviewed and approved by the design review board in accordance with the provisions of this section. 4. 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. Ordinance No. 10, Series of 2004 21 5. 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. Section 12. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 13. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the 'inhabitants thereof. Section 14. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 15. 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 c repealed. \ Ordinance No. 10, Series of 2004 22 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1St day of June, 2004 and a public hearing for second reading of this Ordinance set for the day of _ , 2004, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Lorelei Donaldson, Town Clerk Rod Slifer, Mayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2004. ATTEST: Lorelei Donaldson, Town Clerk Rod Slifer, Mayor Ordinance No. 10, Series of 2004 23 Attachment: B ORDINANCE NO. 10 Series of 2004 AN ORDINANCE AMENDING TITLE 12 (ZONING REGULATIONS), VAIL TOWN CODE, TO AMEND THE GROSS RESIDENTIAL FLOOR AREA (GRFA) REGULATIONS IN THE SINGLE- FAMILY RESIDENTIAL (SFR), TWO-FAMILY RESIDENTIAL (R), AND TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (PS) ZONE DISTRICTS. AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this text amendment at its September 8, 2003, meeting, and has submitted its recommendation to the Town Council; and WHEREAS, the Vail Town Council finds that the amendments are 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 WHEREAS, the Vail Town Council finds that the amendments further the general and specific purposes of the zoning regulations; and WHEREAS, the Vail Town Council finds 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. Ordinance No. 10, Series of 2004 ~ DRRFT NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-2-2 (Definitions) of the Vail Town Code shall hereby be amended as follows: (Text which is to be deleted is indicated as striske~. Text which is to be added is indicated as bold italics.) BASEMENT: For the purposes of calculating gross residential floor area (GRFA), that lowest floor level of a structure where the finished floor elevation of the level above (or impervious surface elevation above) is both: 1. Not more than 6 feet above the lesser of the adjacent existing, finished, or interpolated grades for more than 50 percent (50%) of the lowest level's exterior wall perimeter. 2. Not more than 12 feet (12') above the lesser of the adjacent existing, finished, or interpolated grades at any point along the lowest level's exterior wall perimeter. FLOOR AREA, GROSS RESIDENTIAL (GRFA): -r"° +^+~~ ~^, ~~~° f^^+~,.° ^f ~~~ ~^.,^i~ ^f . Refer to chapter 15 of this title for . GRFA definitions, regulations, and requirements for GRFA calculation. SITE: See "Lot" SITE COVERAGE: The ratio of the total building area of a site to the total area of a site, expressed as a percentage. For the purposes of this definition, "building area of a site" shall mean that portion of a site occupied by any building, carport, Porte cochere, arcade, and covered or roofed walkway constructed at, below, or above grade as measured from the exterior face of the perimeter walls or supporting columns. For the purposes of this definition, a balcony or deck projecting from a higher elevation may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway. In addition to the above, building area shall also include any portion of a roof overhang, eaves, or covered stair, covered deck, covered porch, covered terrace or covered patio that extends more than four feet (4') from the exterior face of the perimeter building walls or supporting columns. Ordinance No. 10, Series of 2004 2 ~~~~~ Section 2. Section 12-6B-8B (Single-Family Residential District, Density Control) of the Vail Town Code shall hereby be repealed and amended with the following: (Text which is to be deleted is indicated as ~+r Text which is to be added is indicated as bold italics.) B. Gross Residential Floor Area: 1. The following gross residential floor area (GRFA) shall be permitted on each site: a. Not more than forty (40) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10,000) square feet of site area; plus b. Thirteen (13) square feet of gross residential floor area (GRFA) for each one. hundred (100) square feet of site area in excess of ten thousand (10,000) square feet 3. No single-family residential lot except those located entirely in the red hazard avalanche zone or the flood plain shall be so restricted that it cannot. be occupied by one single-family dwelling. Section 3. Section 12-6C-8B (Two-Family Residential District, Density Control) of the Vail Town Code shall hereby be amended as follows: (Text which is to be deleted is indicated as str+siEer~. Text which is to be added is indicated as bold italics.) Ordinance No. 10, Series of 2004 3 DRAFT B. Gross Residential Floor Area: 1. The following gross residential floor area (GRFA) shall be permitted on each site: a. Not more than forty six (46) square feet of gross residential 1 floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10,000) square feet of site area; plus b. Thirty eight(38) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over ten thousand (10,000) square feet, not exceeding fifteen thousand (15,000) square feet of site area; plus c. Thirteen(13) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over fifteen thousand (15,000) square feet, not exceeding thirty thousand (30,000) square feet of site area; plus d. Six (6) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of thirty thousand (30,000) square feet. Section 4. Section 12-6D-8 (Two-Family Primary/Secondary Residential District Density Control) of the Vail Town Code shall hereby be amended as follows: (Text which is to be deleted is indicated as ~+r Text which is to be added is Ordinance No. 10, Series of 2004 4 DRAFT indicated as bold italics.) B. Gross Residential Floor Area: 1. The following gross residential floor area (GRFA) shall be permitted on each site: a. Not more than forty six (46) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10,000) square feet of site area; plus b. Thirty eight (38) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over ten thousand (10,000) square feet, not exceeding fifteen thousand (15,000) square feet of site area; plus c. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over fifteen thousand (15,000) square feet, not exceeding thirty thousand (30,000) square feet of site area; plus d. Six (6) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of thirty thousand (30,000) square feet. e. The secondary unit shall not exceed forty percent (40%) of the allowable GRFA. Ordinance No. 10, Series of 2004 rJ DRAFT Section 5. Section 12-10-10B (Parking Requirement, Schedule B) of the Vail Town Code shall hereby be amended as follows: (Text which is to be deleted is indicated as ~trisker~. Text which is to be added is indicated as bold italics.) Use Parking Requirement If nrncc rocirlon4i~l flnnr oroo is nvor ~fl(1 ~n~ ~~ro foo} ~ in +n ~ nnn cni i~r~i ~: 7 cn~roc nor rl~eiollinn ~ ~ni~ `^ ~' , Single-Family and ff a dwelling unit's gross residential floor Two-Family Dwellings area is less than 2,000 square feet: 2 spaces If a dwelling unit's gross residential floor area is 2,000 square feet or more, but less than 4,000 square feet: 3 spaces if a dwelling unit's gross residential floor area is 4,000 square feet or more, but less than 5,500 square feet: 4 spaces If a dwelling unit's gross residential floor area is 5,500 square feet or more: 5 spaces Multiple-Family If a dwelling unit's gross residential floor Dwellings area is 500 square feet or less: 1.5 spaces If a dwelling unit's gross residential floor area is more than 500 square, but less than 2,000 square feet: 2 spaces !f a dwelling unit's gross residential floor area is 2, 000 square feet or more: 2.5 spaces Section 6. Section 12-13-4 (EHU Requirements by Type) of the Vail Town Code shall hereby be amended as follows: Ordinance No. 10, Series of 2004 6 ~FiAFT (Text which is fo be deleted is indicated as s#fisk~. Text which is to be added is indicated as bold italics.) EHU Additional GRFA Type I The EHU is entitled to an additional 599.550 sq. ft. Type II The EHU is entitled. to an additional 59~ 550 sq. ft Section 7. Section 12-15-2 (GRFA REQUIREMENTS BY ZONE DISTRICT) of the Vail Town Code shall be repealed and hereby re-enacted as follows: Zone Districts GRFA Ratio GRFA Credits (Added to results of application of percentage) Hillside Residential .20 of site <_21,780 sq. ft., plus 425 sq. ft. per allowable dwelling unit (HR) .05 of site area >21,780 sq. ft. Single-Family .40 of site area <_10,000 sq. ft., plus None Residential (SFR) .13 of site area >10,000 sq. ft. Two-Family .46 of site area x10,000 sq. ft., plus None Residential (R) .38 of site area >10,000 and x15,000 sq. ft., plus .13 of site area >15,000 and <_30,000 sq. ft., plus .06 of site area >30,000 sq. ft. Two-Family .46 of site area _<10,000 sq. ft., plus None Primary/Secondary .38 of site area >10,000 and <_15,000 sq. ft., (P/S) Residential plus .13 of site area >15,000 and x30,000 sq. ft., plus .06 of site area >30,000 sq. ft. (the secondary unit shall not exceed 40% of the allowable GRFA) Residential Cluster .25 of buildable area 225 sq.ft. for single-family and two-family (RC) structures only Low Density Multiple .30 of buildable area 225 sq.ft. for single-family and two-family Family (LDMF) structures only Ordinance No. 10, Series of 2004 7 ~~AFT Medium Density .35 of buildable area 225 sq.ft. for single-family and two-family Multiple-Family structures only (MDMF) High Density .60 of buildable area None Multiple-Family (HDMF) ' Housing (H) Per Planning and Environmental Commission None approval Public .80 of buildable area None Accommodation (PA) Commercial Core 1 .80 of buildable area None (CC1) Commercial Core 2 .80 of buildable area None (CC2) Commercial Core 3 •.30 of buildable area None (CC3) Commercial Service .40 of buildable area None Center (CSC) (GRFA shall not exceed 50% of the total building floor area on any site) Arterial Business .60 of buildable area None (ABD) Heavy Service (HS) None permitted None Lionshead Mixed 2.5 of buildable area None Use 1 (LMU-1) 2.5 of buildable area Lionshead Mixed None Use 2 (LMU-2) Agriculture and 2,000 square feet None Open Space (A) Outdoor Recreation None permitted None (OR) Ordinance No. 10, Series of 2004 CRAFT Parking (P) None permitted None General Use (GU) Per Planning and Environmental Commission None approval Natural Area None permitted None Preservation (NAP) Ski Base/Recreation Per Town Council approval None (SBR) Special Per underlying zoning or per development plan None Development approval by Town Council Districts (SDD) Ski Base/Recreation Per Planning and Environmental Commission None 2 (SBR2) approval Section 8. Section 12-15-3 (GROSS RESIDENTIAL FLOOR AREA; DEFINITION, CALCULATION, AND EXCLUSION) of the Vail Town Code shall be repealed and hereby re- enacted as follows: A. Within the Single-Family Residential, Two-Family Residential and Two-Family Primary/Secondary Residential Districts: 1. Definition, Calculation and Deductions: Gross Residential Floor Area Defined: For residential uses, the total square footage of all horizontal areas on all levels of a structure, as measured to the outside face of the sheathing of the exterior walls (i.e., not including exterior wall finishes). Floor area shall include, but not be limited to, elevator shafts and stairwells at each level, lofts, fireplaces, bay windows, mechanical spaces, vents and chases, storage areas, and other similar areas. Garages; attics; vaulted or open to below spaces; basements; crawlspaces; and roofed or covered decks, porches, terraces, or patios shall be included as floor area; except the horizontal areas of a structure as set forth herein shall then be deducted from the calculation of GRFA: a. Enclosed garage areas of up to three hundred (300) square feet per vehicle space not exceeding a maximum of two (2) vehicle parking spaces for each allowable dwelling unit permitted by this title. t \ Garage area deducted from floor area is awarded on a "per space basis" and shall be contiguous to a vehicular parking space. Each Ordinance No. 10, Series of 2004 9 vehicular parking space shall be designed with direct and unobstructed vehicular access. Alcoves, storage areas, and mechanical areas which are located in a garage and which are twenty five percent (25%) or more open to the garage area may be included in the garage area deduction. Interior walls separating the garage from other areas of a structure may be included in the garage area deduction. b. Attic areas with a ceiling height of five feet (5') or less, as measured from the top side of the structural members of the floor to the underside of the structural members of the roof directly above. c. Attic areas created by construction of a roof with structural ~truss- type members, provided the trusses are spaced no greater than thirty inches (30")apart. d. Attic areas created by construction of a roof structure utilizing a nontruss system, with spaces greater than five feet (5') in height, if all of the following criteria are met: (1) The area cannot be accessed directly from a habitable area within the same building level; and (2) The area shall have only the minimum access required by the building code from the level below; and (3) The attic space shall not have a structural floor capable of supporting a "live load" greater than forty (40) pounds per square foot, and the "floor" of the attic space shall not be improved with decking; and (4) It must be demonstrated by the architect that a "truss- type" or similar structural system cannot be utilized as defined in the definition of floor area; and (5) It will be necessary that a structural element (i.e., collar- tie) be utilized when rafters are used for the roof system. In an unusual situation, such as when a bearing ridge system is used, the staff will review the space for compliance with this policy. e. Crawlspaces accessible through an opening not greater than twelve (12) square feet in area, with five feet (5') or less of ceiling height, as measured from the surface of the earth to the underside of structural floor members of the floor/ceiling assembly above. Crawlspaces created by a "stepped foundation", hazard mitigation, or other similar engineering requirement that has a total height in excess of five feet (5') may be excluded from GRFA calculations at the discretion of the administrator. Ordinance No. 10, Series of 2004 ~ ~ ~Rl~ FT f. Basements: that lowest floor level of a structure where the finished floor elevation of the level above (or impervious surface elevation above) is both: 1. Not more than 6 feet above the lesser of the adjacent existing, finished, or interpolated grades for more than 50 percent (50%) of the lowest level's exterior wall perimeter. 2. Not more than 12 feet (12') above the lesser of the adjacent existing, finished, or interpolated grades at any point along the lowest level's exterior wall perimeter. For the purposes of these calculations, retaining walls and site walls shall not be considered part of the exterior wall perimeter. g. Vaulted Spaces: Interior vaulted- spaces and areas "open to below" with afloor-to-ceiling height less than sixteen feet (16'), as measured from the finished floor to the underside of the structural members of the floor/ceiling assembly above. h. Roofed or covered decks, porches, terraces, patios or similar features or spaces with no more than three (3) exterior walls and a minimum opening of not less than twenty five percent (25%) of the lineal perimeter of the area of said deck, porch, terrace, patio, or similar feature or space, provided the opening is contiguous and fully open from floor to ceiling, with an allowance for a railing of up to forty four inches (44") in height and support posts with a diameter of eighteen inches (18") or less which are spaced no closer than ten feet (10') apart: The space between the posts shall be measured from the outer surface of the post. 2. Additional Calculation Provisions: a. Common Interior Party Walls: Where multiple dwelling units exist within one structure, GRFA shall be measured for each dwelling unit from the center of common interior party walls to the outside face of the sheathing of the exterior walls. b. Greenhouse Windows: Greenhouse windows (self-supporting windows) shall not be counted as GRFA. "Greenhouse windows" are defined according to the following criteria: 1. Distance Above Inside Floor Level: In order for a window to be considered a greenhouse window, a minimum distance of thirty six inches (36") must be provided between the bottom of the window and the floor surface, as measured on the inside face of the building wall. (Floor surface shall not Ordinance No. 10, Series of 2004 ~ ~ DRAFT include steps necessary to meet building code egress requirements.) The thirty six inch (36")minimum was chosen because it locates the window too high to be comfortably used as a window seat and because it allows for a typical four foot (4') high greenhouse window to be used in a room with an eight foot (8') ceiling height. 2. Projection: No greenhouse window may protrude more than eighteen inches (18") from the exterior surface of the building. This distance allows for adequate relief for appearance purposes, without substantially adding to the mass and bulk of the building. 3. Construction Characteristics: All greenhouse windows shall be self-supporting and shall not require special framing or construction methods for support, with the exception that brackets below the window may be allowed provided they die into the wall of the building at a forty five degree (45°) angle. A small roof over the window may also be allowed provided the overhang is limited to four inches (4")beyond the window plane. 4. Dimensional Requirement: No greenhouse window shall have a total window surface area greater than forty four (44) square feet. This figure was derived on the assumption that the maximum height of a window, in an average sized room, is four feet (4') and the maximum width for a four foot (4') high self-supporting window is between six feet (6') and eight feet (8') (approximately 32 square feet). Since the window would protrude no more than eighteen inches (18"), the addition of side windows would bring the overall window area to approximately forty four (44) square feet. 5. Quantity: Up to two (2) greenhouse windows will be allowed per dwelling unit, however, the forty four (44) square foot size limitation will apply to the combined area of the two (2) windows. 6. Site Coverage: Greenhouse windows do not count as site coverage. c. In the Two-Family and Two-Family Primary/Secondary Districts, GRFA is calculated based on the entire site area. d. Vaulted Spaces: Any interior space with afloor-to-ceiling height of sixteen feet (16') or greater, as measured from tNie finished floor to the underside of the structural members of the floor/ceiling assembly above, shall be counted as GRFA on two levels of a structure. Ordinance No. 10, Series of 2004 12 QRl~.FT e. Crawlspaces: Footings and foundations for crawlspaces deducted from the GRFA calculations shall be designed in accordance with the minimum standards of the adopted building code. These footings and foundations shall also be designed to be responsive to the natural topography of the site and not create undo excavation and site disturbance. f. Basements: Basements deducted from the GRFA calculations shall be designed to be responsive to the natural topography of the site, not create undo excavation and site disturbance, and not create voids between levels of a building. B. Within all districts except the Single-Family Residential, Two-Family Residential, and Two-Family Primary/Secondary Residential Districts: 1. Gross Residential Floor Area Defined: The total square footage of all levels of a building, as measured at the inside face of the exterior walls (i.e., not including furring, Sheetrock, plaster and other similar wall finishes). GRFA shall include, but not be limited to, elevator shafts and stairwells at each level, lofts, fireplaces, bay windows, mechanical chases, vents, and storage areas. Attics, crawlspaces and roofed or covered decks, porches, terraces or patios shall also be included in GRFA, unless they meet the following provisions: b. Within buildings containing two (2) or fewer dwelling units, the following areas shall be excluded from calculation as GRFA. GRFA shall be calculated by measuring the total square footage of a building as set forth in the definition above. Excluded areas as set forth herein, shall then be deducted from total square footage: 1. Enclosed garages of up to three hundred (300) square feet per vehicle space not exceeding a maximum of two (Z) spaces for each allowable dwelling unit permitted by this title. 2. Attic space with a ceiling height of five feet (5') or less, as measured from the top side of the structural members of the floor to the underside of the structural members of the roof directly above. Attic area created by construction of a roof with truss-type members will be excluded from calculation as GRFA, provided the trusses are spaced no greater than thirty inches (30") apart. 3. Crawlspaces accessible through an opening not greater than twelve (12) square feet in area, with five feet (5') or less of ceiling height, as measured from the surface of the Ordinance No. 10, Series of 2004 13 ~~ n c-y- earth to the underside of structural floor members of the floor/ceiling assembly above. 4. Roofed or covered deck, porches, terraces, patios or similar features or spaces with no more than three (3) exterior walls and a minimum opening of not less than twenty five percent (25%) of the lineal perimeter of the area of said deck, porch, terrace, patio, or similar feature or space, provided the opening is contiguous and fully open from floor to ceiling with an allowance fora railing of up to forty four inches (44") in height. b. Within buildings containing more than two (2) allowable dwellings or accommodation units, the following additional areas shall be excluded from calculation as GRFA. GRFA shall be calculated by measuring the total square footage of a building as set forth herein. Excluded areas as set forth shall then be deducted from the total square footage: 1. Enclosed garages to accommodate on-site parking requirements. 2. All or part of the following spaces, provided such spaces are common spaces: (a) Common hallways, stairways, elevator shafts and air locks. (b) Common lobby areas. (c) Common enclosed recreation facilities. (d) Common heating, cooling or ventilation systems, solar rock storage areas, or other mechanical systems. (e) Common closet and storage areas, providing access to such areas is from common hallways only. (f) Meeting and convention facilities. (g) Office space, provided such space is used exclusively for the management and operation of on-site facilities. (h) Floor area to be used in a type III "employee housing unit (EHU)" as defined and restricted by chapter 13 of this title. 3. All or part of an air lock within an accommodation or dwelling unit not exceeding a maximum of twenty five (25) square feet, providing such unit has direct access to the outdoors. 4. Overlapping stairways within an accommodation unit or dwelling unit shall only be counted at the lowest level. 5. Attic space with a ceiling height of five feet (5') or less, Ordinance No. 10, Series of 2004 14 L3~iR.FT as measured from the top side of the structural members of the floor to the underside of the structural members of the roof directly above. Attic areas created by construction of a roof with truss-type members will be excluded from calculation as GRFA, provided the trusses are spaced no greater than thirty inches (30") apart. 6. Crawlspaces accessible through an opening not greater than twelve (12) square feet in area, with five feet (5') or less of ceiling height, as measured from the surface of the earth to the underside of structural floor members of the floor/ceiling assembly above. 7. Roofed or covered decks, porches, terraces, patios or similar features or spaces with no more than three (3) exterior walls and a minimum opening of not less than twenty five percent (25%) of the lineal perimeter of the area of said deck, porch, terrace, patio, or similar feature or space, provided the opening is contiguous and fully open from floor to ceiling, with an allowance for a railing of up to forty four inches (44") in height and support posts with a diameter of eighteen inches (18") or less which are spaced no closer than ten feet (10') apart. The space between the posts shall be measured from the outer surface of the post. 2. Additional Calculation Provisions: a. Walls: Interior walls are included in GRFA calculations. Fortwo- familyand primary/secondary structures, common party walls shall be considered exterior walls. b. Greenhouse Windows: Greenhouse windows (self-supporting windows) shall not be counted as GRFA. "Greenhouse windows" are defined according to the following criteria: 1. Distance Above Inside Floor Level: In order for a window to be considered a greenhouse window, a minimum distance of thirty six inches (36") must be provided between the bottom of the window and the floor surface, as measured on the inside face of the building wall. (Floor surface shall not include steps necessary to meet building code egress requirements.) The thirty six inch (36") minimum was chosen because it locates the window too high to be comfortably used as a window seat and because it allows for a typical four foot (4') high greenhouse window to be used in a room with an eight foot (8') ceiling height. .Ordinance No. 10, Series of 2004 15 DF~AFT' 2. Projection: No greenhouse window may protrude more than eighteen inches (18") from the exterior surface of the building. This distance allows for adequate relief for appearance purposes, without substantially adding to the mass and bulk of the building. 3. Construction Characteristics: All greenhouse windows shall be self-supporting and shall not require special framing or construction methods for support, with the exception that brackets below the window may be allowed provided they die into the wall of the building at a forty five degree (45°) angle. A small roof over the window may also be allowed provided the overhang is limited to four inches (4") beyond the window plane. 4. Dimensional Requirement: No greenhouse window shall have a total window surface area greater than forty four (44) square feet. This figure was derived on the assumption that the maximum height of a window, in an average sized room, is four feet (4') and the maximum width for a four foot (4') high self-supporting window is between six feet (6') and eight feet (8') (approximately 32 square feet). Since the window would protrude no more than eighteen inches (18"), the addition of side windows would bring the overall window area to approximately forty four (44) square feet. 5. Quantity: Up to two (2) greenhouse windows will be allowed per dwelling unit, however, the forty four (44) square foot.size limitation will apply to the combined area of the two (2) windows. 6. Site Coverage: Greenhouse windows do not count as site coverage. c. Vaulted Spaces: Vaulted spaces and areas "open to below" are not included in GRFA calculations. d. Garage Credit: 1. Allowable garage area is awarded on a "per space basis", with a maximum of two (2) spaces per allowable unit. Each garage space shall be designed with direct and unobstructed vehicular access. All floor area included in the garage credit shall be contiguous to a vehicular~space. 2. Alcoves, storage areas, and mechanical areas which Ordinance No. 10, Series of 2004 16 ~r:~~r are located in the garage and which are twenty five percent (25%) or more open to the garage area shall be included as garage credit. 3. Garage space in excess of the allowable garage credit shall be counted as GRFA. e. Crawl And Attic Space: 1. Crawlspaces created by a "stepped foundation", hazard mitigation, or other similar engineering requirement that has a total height in excess of five feet (5') may be excluded from GRFA calculations at the discretion of the administrator. 2. If a roof structure is designed utilizing a nontruss system, and spaces greater than five feet (5') in height result, these areas shall not be counted as GRFA if all of the following criteria are met: (a) The area cannot be accessed directly from a habitable area within the same building level; (b) The area shall have the minimum access required by the building code from the level below (6 square foot opening maximum); (c) The attic space shall not have a structural floor capable of supporting a "live load" greater than forty (40) pounds per square foot, and the "floor" of the attic space cannot be improved with decking; (d) It must be demonstrated by the architect that a "truss type" or similar structural system cannot be utilized as defined in the definition of GRFA; and (e) It will be necessary that a structural element (i.e., collar-tie) be utilized when rafters are used for the roof system. In an unusual situation, such as when a bearing ridge system is used, the staff will review the space for compliance with this policy. Section 9. Subsection 12-15-4B (INTERIOR CONVERSIONS) of the Vail Town Code shall hereby be amended as follows: (Text which is to be deleted is indicated as stFisk~. Text which is to be added is indicated as bold italics.) B. Applicability: Within all zone districts except the Single-Family Residential, Two- Family Residential, and Two-Family Primary/Secondary Residential Districts, Ordinance No. 10, Series of 2004 ~ 7 l~R~lFT ' dwelling units that meet or exceed allowable GRFA will be eligible to make interior conversions provided the following criteria are satisfied: 1. Any existing dwelling unit shall~be eligible to add GRFA, via the "interior space conversion" provision in excess of existing or allowable GRFA including such units located in a special development district; provided, that such GRFA complies with the standards outlined herein. 2. For the purpose of this section, "existing unit" shall mean any dwelling unit that has been constructed prior to August 5, 1997, and has received a certificate of occupancy, or has been issued a building permit prior to August 5, 1997, or has received final design review board approval prior to August 5, 1997. Section 10. Section 12-15-5 (ADDITIONAL GROSS RESIDENTIAL FLOOR AREA 250 ORDINANCE) of the Vail Town Code shall hereby be amended as follows: (Text which is to be deleted is indicated as sti~isk~. Text which is to be added is indicated as bold italics.) 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, Two-Family Residential, and Two-Family Primary/Secondary Residential Zone Districts. C B. Single-Family Dwellings And Two-Family Dwellings: Asingle-family ortwo-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: Ordinance No. 10, Series of 2004 1$ ~~,, y~ ~1 1. Eligible Time Frame: Asingle-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 ortwo-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 ortwo-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 ortwo-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 ortwo-family dwelling units. No application for additional GRFA Ordinance No. 10, Series of 2004 ~ 9 CRAFT 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 ortwo-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. 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 amulti-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: Amultiple-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. Ordinance No. 10; Series of 2004 20 ~~~~r 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. 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 amulti-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 9. 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: Ordinance No. 10, Series of 2004 2 ~ ~Rr~~~ 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- 40 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 12-11-402 of this title. The hearing shall be conducted in accordance with subsections 12-11-402 and C3 of this title. 3. Compliance Determined: If the department of community development staff determines that the site for which the application was submitted is in compliance with town landscaping and site improvement standards, the applicant shall proceed as follows: a. Application for GRFA additions which involve no change to the exterior of a structure shall be reviewed and approved by the department of community development. b. Applications for GRFA additions involving exterior changes to a building shall be reviewed and approved by the design review board in accordance with the provisions of this section. 4. 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. 5. 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. Section 12. Chapter 14-9 (GROSS RESIDENTIAL FLOOR AREA) of the Vail Town Code shall be repealed and hereby re-enacted as follows: ,\ 9. Gross Residential Floor Area (GRFA) Ordinance No. 10, Series of 2004 22 ~f ,AFT Please refer to Chapter 12-15, Gross Residential Floor Area, Vail Town Code for complete regulations. Section 13. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 14. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the .inhabitants thereof. Section 15 The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 16. 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 Ordinance No. 10, Series of 2004 23 DE~AFl" repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1St day of June, 2004 and a public hearing for second reading of this Ordinance set for the _ day of _ , 2004, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2004. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 10, Series of 2004 24