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HomeMy WebLinkAbout2004-07-06 Support Documentation Town Council Work SessionPUBLIC MEETING NOTICE TOWN COUNCIL WORK SESSION AGENDA 2:00 P.M. TUESDAY, JULY 6, 2004 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. George Ruther ITEM/TOPIC: PEC/DRB Update (10 min.) 2. Judy Camp ITEM/TOPIC: Discussion of Percentage Guideline for General Fund Balance (10 min.) ACTION REQUESTED OF COUNCIL: See separate memo BACKGROUND RATIONALE: See separate memo STAFF RECOMMENDATION: See. separate memo 3. Bill Gibson ITEM/TOPIC: (a) 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) Districts, and setting forth details in regard thereto. (b) First reading of Ordinance No. 14, Series of 2004, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple- Family (MDMF), High Density Multiple-Family (HDMF), and Housing (H) districts, and setting, forth details in regard thereto. ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, deny, or table Ordinance No. 10, Series of 2004 on second reading. Approve, approve with modifications, deny, or table Ordinance No. 14, Series of 2004 on first reading. 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. 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). The second reading of Ordinance No. 10, Series of 2004, was tabled at the Town Council's June 15, 2004, meeting. 4. ITEM/TOPIC: Matters from the Mayor and Council (10 min.) 5. ITEM/TOPIC: Information Update (10 min.) 6. ITEM/TOPIC: Adjournment 3:30 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 NOON, TUESDAY, JULY 20, 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. i, PLANNING AND ENVIRONMENTAL COMMISSION `~ PUBLIC MEETING '~~4~QF~~AI~ ''- Monday, June 28, 2004 PROJECT ORIENTATION -Community Development Dept. PUBLIC WELCOME 12:00 pm MEMBERS PRESENT David Viele Anne Gunion Bill Jewitt Chas Bernhardt George Lamb Rollie Kjesbo MEMBERS ABSENT Doug Cahill Site Visits 1. Lionshead Core Site - 675 Lionshead Place 2. Gore Creek Place - 730, 724, 714 West Lionshead Circle 3. Eagle River Water and Sanitation - 646 West Forest Road Driver: George NOTE: If the PEC hearing extends until 6:00 p.m., the Commission may break for dinner from 6:00 - 6:30 p.m. Public Hearing -Town Council Chambers 2:00 pm A recommendation to the Vail Town Council of a major amendment to a Special Development District (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to the recorded conditions of approval prohibiting the operation of restaurants within Special Development District No. 35, Austria Haus, located at 242 East Meadow Drive/Part of Tract B, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Sonnenalp Properties, Inc., represented by Johannes Faessler Planner: George Ruther MOTION: KJESBO SECOND: VIELE VOTE: 5-1 (JEWITT OPPOSED) APPROVED WITH CONDITIONS: 1. That no rooftop or other exterior ventilation or exhausting equipment (hoods) be installed on the building for the expressed purpose of ventilating the kitchen or restaurant area of the tenant space (Starbucks). 2. That any future proposal to expand the area of the restaurant be reviewed and approved by the Town of Vail pursuant to the applicable development review process. 3. That all loading and delivery activity for the Austria Haus be conducted on the Austria Haus property in the loading dock area provided on the east side of the property. Loading and delivery for the Austria Haus shall not be conducted from the designated loading and delivery spaces in front of the Mountain Haus. 4. The applicant, Johannes Faessler, or his authorized agent, shall cause the agreement which outlines the Town's conditions of approval to be recorded with the Eagle County Clerk 8~ Recorder's office within 30 days of approval on second reading. Additionally, this same language shall be included in all future lease or rental agreements made by and between Johannes Faessler, or his authorized agent, and any future tenant of the space. Failure to comply with this condition shall cause this approval to become null and void. George Ruther made a presentation per the staff memorandum. Mr. Faessler was present and spoke on behalf of the application. He stated that the subject area is currently a bar and is proposed to be a coffee shop, which is a low impact use. Mr. Jim Lamont, Vail Village Homeowners, spoke on behalf of the homeowners concerned about odors from food preparation, trash removal and noise, and type of delivery trucks. Staff stated that the proposed use will not impact the adjacent neighbors more than the existing bar. Commissioner Jewitt opposed the proposal because the development needs to respect the land use rights of the adjacent neighbors. 2. A final review of a conditional use permit, pursuant to Section 12-9B-3, Private Or Public Off- Street Vehicle Parking Structures, to allow for an amendment to an existing conditional use permit for private parking, located at 364 Gore Creek Drive/Lot P-3, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto. Applicant: Vail Resorts Planner: Elisabeth Eckel MOTION: KJESBO SECOND: LAMB VOTE:6-0 APPROVED WITH CONDITIONS 1. That the applicant, VRDC, submits a revised set of building plans to the Building Department of the Town of Vail Community Development Department prior to August 1, 2004, illustrating the changes in improvements, as required by the Planning and Environmental Commission. Commissioner Kjesbo stated that he is under contract to purchase one of the subject parking spaces but did not feel it was a conflict of interest. Neither the public nor the Commission had comments. 3. A request for a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for snowmaking system improvements within the Gore Creek floodplain, located at an unplatted parcel (adjacent to the Eagle River Water and Sanitation facilities, 646 West Forest Road), a complete metes and bounds legal description is available for review at the Town of Vail Community Development Department, and setting for details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Bill Gibson MOTION: JEWITT SECOND: VIELE VOTE:6-0 APPROVED WITH CONDITIONS: 1. The applicant shall submit verification of US Army Corp of Engineers approval of all applicable permits to the Town of Vail Community Development Department prior to the issuance of building and grading permits. 2. The applicant shall submit a stamped Improvement Location Certificate and "as- built" topographic survey to the Town of Vail Community Development Department for review and approval, prior to Town of Vail final construction inspection. r 3. The applicant shall comply with all requirements of all necessary state and federal permits and approvals. Neither the public nor the Commission had comments. :t 2 4. A final review of a conditional use permit, pursuant to Section 12-7H-5, Conditional Uses; Generally (On All Levels of a Building or Outside of a Building), Vail Town Code, to allow for eight two-family residential structures (Gore Creek Place), located at 730, 724, and 714 West Lionshead Circle/Tracts A, B, C, & D, Morcus Subdivision, and Lot 7, Marriott Subdivision, and setting forth details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Warren Campbell MOTION: KJESBO SECOND: JEWITT VOTE: 6-0 APPROVED WITH CONDITIONS 1. That the Developer shall not sell, rent, lease, or otherwise transfer any of the sixteen (16) additional parking spaces located within the below grade parking structure. The additional parking spaces shall only be used by those permitted, conditional, or accessory uses allowed on the West Day Lot Development Site. 2. That the applicant shall complete the West Day Lot Approved Development Plan spreadsheet (Attachment F) which will identify all remaining development potential for each of the three parcels within the West Day Lot Development Site, prior to submitting for building permits. The completion ofthe spreadsheetwill allow future developmentto occur without the need for joint property owners sign off as all future development potential will already have been established. 3. That the approval of this conditional use permit constitutes approval of an Approved Development Plan for Parcel 2 of the West Day Lot Development Site and any change to the Approved Development Plan for Parcel 2 shall require a new conditional use permit approval. 4. That bed and breakfast operations shall be prohibited in Parcel 2 of the West Day Lot Development Site. 5. That two-family residential structures shall be the only permitted or conditional uses allowed in Parcel 2 of the West Day Lot Development Site. Accessory uses shall be permitted useless otherwise specifically prohibited. 6. The applicant shall record the new West Day Lot Development Site plat and easements prior to requesting either a Temporary Certificate of Occupancy or a Certificate of Occupancy inspection. 7. That the applicant records private access easements for the pathways leading from West Lionshead Circle to the emergency vehicle/public pedestrian path and from the emergency vehicle/public pedestrian path to the Town bike path which permits access to Vail Spa and all parcels within the West Day Lot Development Site. The pathways with the above easements shall not be gated orsigned to restrict or discourage public access and the easements shall not be permitted to be removed in the future by the owners of parcels within the West Day Lot Development Site. Staff and the applicant discussed the public access easements through the site and their compliance with ADA regulations and the Lionshead Redevelopment Master Plan. Mr. Jim Lamont, Vail Village Homeowners, questioned the closest sidewalks and pedestrian connections through the project. Staff's recommendation for the provision of access easements is based on the Lionshead Redevelopment Master Plan for pedestrian connections. Without the connections as recommended by staff, future connections could not be made for other adjacent sites. The applicant stated that the paths will be provided, but was hesitant to make it public access which would require ADA compliance. An amended condition would be to have a private pedestrian access easement that will never be obstructed or removed. 3. 5. A request for final review of a major amendment to a special development district (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development District No. 6, Vail Plaza Hotel East, located at 100 East Meadow /Lot M, N, O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Daymer Corporation, represented by Zehren and Associates, Inc. Planner: George Ruther MOTION: KJESBO SECOND: VIELE VOTE:6-0 APPROVED WITH AMENDED CONDITIONS 1. That the Developer provides a centralized loading/delivery facility for the use of all owners and tenants within Special Development District No. 6. Access or use of the facility shall not be unduly restricted for Special Development District No. 6. The loading/delivery facility, including docks, berths, freight elevators, service corridors, etc., may be made available for public and/or private loading/delivery programs, sanctioned by the Town of Vail, to mitigate loading/delivery impacts upon the Vail Village loading/delivery system. The use of the facility shall only be permitted upon a finding by the Town of.Vail and the Developer that excess capacity exists. The Developer will be compensated by the Town of Vail and/or others for the common use of the facility. The final determination of the use of the facility shall be mutually agreed upon by the Developer and the Town of Vail. 2. That the Developer submits detailed civil engineering drawings of the required off-site improvements (street lights, drainage, curb and gutter, sidewalks, grading, road improvements, etc.j as identified on the off-site improvements plan to the Town of Vail Public Works Department for review and approval, prior to application for a building permit. 3. ~r~r~ly 4n flrrlin~~+n In 7 C ec• ~f A4 /C L. A Al That ce n t in-u e-te~r«.a„~e~oeri~-~.-2 A~oep tem~efT2-0(~-,T the Developer shall submit a complete building permit application to the Town of Vail Community Development Department for the construction of the Vail Plaza Hotel by no later than 5:00 pm, Friday, September 3, 2004. The Chief Building Official shall determine the completeness of the application. The Developer shall diligently pursue the issuance of a building permit by no later than October 15, 2004. Failure to comply with this condition shall cause this sdd approval to become null and void on September 4, 2004, pursuant to the time requirements and limitations of Secfion 12-9A-12,Vail Town Code, and Ordinance No. 21, Series of 2001, or on October 16, 2004, depending on whether a building permit application has been submitted. The phasing of the construction of the hotel shall not be permitted. 4. That the Developer submits the following plans to the Department of Community Development, for review and approval, as a part of the building permit application for the hotel: a. An Erosion Control and Sedimentation Plan; b. A Construction Staging and Phasing Plan; c. A Stormwater Management Plan; d. A Site Dewatering Plan; and e. A Traffic Control Plan. 5. That the Developer records public pedestrian easements between the hotel and the Phase III Condominiums, between the hotel and the Phase V Building, and 4 along the Vail Road frontage. The easements shall be prepared by the Developer and submitted for review and approval of the Town Attorney. The easements shall be recorded with the Eagle County Clerk ~ Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy. 6. That the Developer records adeed-restriction, which the Town is a party to, on the Phase IV property prohibiting the public use of the spa facility in the hotel. Said restriction may be revoked if the Developer is able to demonstrate to the satisfaction of the Town that adequate provisions for vehicle parking have been made to accommodate the public use of the spa. The restriction shall be recorded prior to the issuance of a building permit. 7. That the Developer submits a comprehensive sign program proposal for the Vail Plaza Hotel for review and approval of the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy. 8. That the Developer posts a bond with the Town of Vail to provide financial security for the 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a building permit. 9. That the Developer installs bollards or similar safety devices at the intersection of the delivery access driveway and the sidewalk along the South Frontage Road to prevent conflicts between pedestrians and vehicles, prior to the issuance of a Temporary Certificate of Occupancy. 10. That the Developer coordinate efforts with the owners of the Gateway Building, Phase II, Phase III and Phase V to create a below ground access for loading and delivery to the Gateway from the Vail Plaza Hotel to resolve potential loading and delivery concerns at the Gateway. If a coordinated effort can be reached the Developer shall submit revised plans to the Town of Vail Community Development Department for review and approval, prior to the issuance of a building permit. The infent of this condition is to create an inferconnected underground loading and delivery system accessible to all of Special Development District No. 6, Vail Village Inn. 11. That the Developer, in cooperation with the Town of Vail Public Works Department, designs and constructs alert-turn lane on Vail Road and reconfigure the landscape island in the South Frontage Road median to eliminate left-turns from the loading/delivery. The construction shall be completed prior to the issuance of a Temporary Certificate of Occupancy. 12. That the Developer submits a complete set of plans responding to the design concerns expressed by Greg Hall, Director of Public Works 8~ Transportation, in his memorandum to George Ruther, dated 12/13/99. The drawings shall be submitted, reviewed and approved by the Town Engineer, prior to first reading of an amending ordinance by the Vail Town Council. 13. That the Developer submits revised plans to the Town of Vail Community Development Department for review and approval of the thirteen (13) issues identified in the letter from the Public Works Department, dated'June 7, 2004, prior to first reading of an amending ordinance by the Vail Town Council. 14. That the Developer provides 75 on-site parking spaces within the area of Phase IV, Vail Village Inn, and as indicated on the Approved Development Plan, to 5 address the 75 space parking deficit currently existing within Special Development District No. 6, Vail Village Inn. Said parking spaces shall be made available to meet the parking demand of those uses permitted within the Special Development District. The 75 parking spaces shall not be sold, transferred, traded, or otherwise conveyed for ownership to users located outside of Special Development District No. 6, Vail Village Inn. George Ruther made a presentation per the staff memorandum. Staff addressed PEC comments from previous meetings and addressed the issues in the memorandum. The only new condition was number 13 regarding the Department of Public Works. The applicant addressed the list of conditions, such as CDOT approval off of Frontage Road, and requested a time extension of an additional 90 days to obtain a building permit. The Commissioner were not in favor of a 90 day extension but instead suggested an amended condition which might afford the applicant slightly more time to obtain a building permit. Commissioner Kjesbo questioned the parking and whether or not the spaces will be sold outside of the shareholders in the development. Mr. Losa stated that four spaces have been sold within the SDD. The Commission and the applicant agreed that the ownership of parking spaces would be restricted to parties involved in the SDD. The Commission and staff proposed several revised conditions of approval. 6. A request.for a final review of a major exterior alteration or modification, pursuant to Section 12- 7H-7, Vail Town Code, and a request for a final review of a conditional use permit, pursuant to Chapter 12-16, Vail Town Code, to allow for the construction of the Lionshead Core Site Hotel and the operation on a new private skier club, new lodge dwelling units and conference facilities and meeting rooms on the first floor or street level floor of a structure, located at 675 Lionshead Place/(a complete legal description is available for inspection at the Town of Vail Community Development Department upon request). Applicant: Vail Corporation Planner: George Ruther MOTION: BERNHARDT SECOND: LAMB VOTE:6-0 TABLED TO JULY 12, 2004 7. A request for a recommendation to the Vail Town Council for the establishment of Special Development District No. 38, Manor Vail Lodge, to allow for the redevelopment of the Manor Vail Lodge, and a request for a conditional use permit to allow for the construction of Type I II Employee Housing Units, pursuant to Section 12-6H-3, Vail Town Code, located at 595 Vail Valley Drive/Lots A, B, & C, Vail Village 7th Filing, and setting forth details in regard thereto. Applicant: Manor Vail, represented by Melick and Associates Planner: Warren Campbell MOTION: BERNHARDT SECOND: LAMB VOTE: 6-0 TABLED TO JULY 12, 2004 8. A request for a variance from Section 12-21-14, Restrictions In Specific Zones On Excessive Slopes, Vail Town Code, to allow for the construction of driveways and surface parking in excess of 10% of the total site area, located at 2388 Garmisch Drive/Lot 9, Block G, Vail das Schone Filing 2, and setting forth details in regard thereto. Applicant: Snow Now, LLC Planner: Warren Campbell MOTION: BERNHARDTSECOND: LAMB VOTE:6-0 TABLED TO JULY 12, 2004 9. A request for a conditional use permit pursuant to Section 12-71-5, Conditional Uses; Generally 6 (On All Levels of a Building or Outside~of a Building), Vail Town Code, and a variance from Title 14, Chapter 5, Parking Lot and Parking Structure Design Standards for All Uses, Vail Town Code, to allow for the construction of an unpaved private parking lot, located at 923 South Frontage Road West/unplatted. (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Matt Gennett MOTION: BERNHARDT SECOND: LAMB VOTE:6-0 TABLED TO JULY 12, 2004 10. A request for a conditional use permit, pursuant to Section 12-6H-3, Conditional Uses; High Density Multiple Family, Vail Town Code, to allow for a public utility and public services use, located at 501 North Frontage Road (Solar Vail Condominiums)/ Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard to. Applicant: Verizon Wireless, represented by Kelley Harrison, Closser Consulting Planner: Clare Sloan MOTION: BERNHARDT TABLED TO JULY 12, 2004 9. Approval of minutes MOTION: VIELE TABLED TO JULY 12, 2004 10. Information Update 11. Adjournment MOTION: BERNHARDT SECOND: LAMB VOTE:6-0 SECOND: LAMB VOTE:6-0 SECOND: LAMB VOTE:6-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call.(970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published, June 25, 2004 in the Vail Daily. 7 (si a TOi~dOFYAb DESIGN REVIEW BOARD AGENDA June 16, 2004 3:00 P.M. PUBLIC MEETING PUBLIC WELCOME PROJECT ORIENTATION /LUNCH -Community Development Department MEMBERS PRESENT MEMBERS ABSENT Bill Pierce Joe Hanlon Scott Proper Margaret Garvey Rogers Diana Mathias SITE VISITS 1. Middle Creek Village - 129 North Frontage Road 2. Sonnenalp Properties (Solar Vail) - 501 North Frontage Road West. 3. Tritt - 1901 Buffehr Creek Road 4. Goldstein - 2983 Bellflower Drive 5. McLeon - 2831 Kinnikinnick Road, Bldg. A, Unit D 6. Vail Resorts/Holy Cross Parking Lot - 923 S. Frontage Rd. W. 7. Marriott Mountain Resort - 715 West Lionshead Circle 8. Cohen - 133 Willow Place (Riva Ridge North) 9. Pirate Ship Park -Tract E, Vail Village Filing 5 10. Deighan - 1163 Cabin Circle 11. DelPonte - 3070 Booth Creek Drive 12. Gaylis - 3828 Bridge Road 13. Kane - 4946 Juniper Lane 14. Davis - 4415 Bighorn Road, Unit 2 11:00 am 1:00 pm Driver: George PUBLIC HEARING -TOWN COUNCIL CHAMBERS 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: ROGERS SECOND: PROPER VOTE: 4-0 TABLED TO JULY 7, 2004 2. Vail Plaza Hotel DR604-0179 Final review of changes to approved plans 100 East Meadow Drive/Lot M,N,O, Block 5-D, Vail Village Filing 1 Applicant: Daymer Corporation, represented Zehren and Associates, Inc. MOTION: ROGERS SECOND: MATHIAS VOTE: 4-0 TABLED TO JULY 7, 2004 3:00 pm George George 1 T{ 3. Tivoli Lodge DRB04-0194 George Final review of changes to approved plans 386 Hanson Ranch Road/Lot E, Block 2, Vail Village Filing 5 Applicant: Robert and Diane J. Lazier MOTION: Rogers SECOND: Proper VOTE: 4-0 APROVED WITH NO CONDITIONS 4. Gannett Residence DRB04-0145 Bill Final review of a new primary/secondary residence 796 Forest Road /Lot 13, Block 1, Vail Village Filing 6 Applicant: Doug & Kathy Gannett, represented by Steve Riden ~ MOTION: ROGERS SECOND: MATHIAS VOTE: 4-0 TABLED TO JULY 7, 2004 5. Gaylis Residence DRB04-0203 Matt Conceptual review of a new single family residence 3828 Bridge Road/Lot 10, Bighorn Subdivision 2"d Addition Applicant: Horman Gaylis, represented by Steven James Riden, AIA CONCEPTUAL NO VOTE 6. Deighan Residence DRB04-0215 Matt Final review of a minor alteration 1163 Cabin Circle/Lot 1, Block 2, Vail Valley Filing 1 Applicant: Kevin Deighan, represented by Gwathmey Pratt Schultz Architects MOTION: Rogers SECOND: Proper VOTE: 4-0 APPROVED WITH ONE CONDITION: 1. That only the siding change to stucco, the window trim and soffit colors as depicted on the sample board; and landscaping associated with the hot tub relocation are approved with this decision; and that the applicant cannot perform any of the other requested alterations without submitting a new application first. 7. Kane Residence DRB04-0171 Matt Conceptual review of a residential addition 4946 Juniper Lane/Lot 7, Block 5, Bighorn 5~h Addition Applicant: Andrew Kane, represented by Steven Riden Architect CONCEPTUAL NO VOTE DIRECTED STAFF TO STAFF APPROVE ONCE ALL REQUIREMENTS ARE MET 8. Irwin Residence DRB04-0190 ,Matt Conceptual review of a residential addition 1956 West Gore Creek Drive/Lot 45, Vail Village West Filing 2 Applicant: David Irwin CONCEPTUAL NO VOTE 9. Pirate Ship Park DRB04-0230 Bill Conceptual review of new construction Tract E, Vail Village Filing 5 ~, Applicant: Town of Vail, represented by Gregg Barrie CONCEPTUAL NO VOTE 10. Sonnenalp Properties (Solar Vail) DR604-0208 Clare Conceptual review of a minor alteration 501 North Frontage Road/Lot 8-B, Block 2, Vail Potato Patch 2 Applicant: Sonnenalp Properties, Inc., represented by Kelly Harrison, Closser Consulting CONCEPTUAL NO VOTE 11. .Marriott Mountain Resort DRB04-0216 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 Corporation, represented by Mauriello Planning Group MOTION: ROGERS SECOND: MATHIAS VOTE: 4-0 APROVED WITH ONE CONDITION: 1. That the applicant paints all the mechanical equipment on the roof a color which matches the existing shingles simultaneously with the installation of the screen wall. 12. McLeon Residence DRB04-0225 Elisabeth Final review of a minor alteration 2831 Kinnikinnick Road/Lot A, Block 4, Vail Intermountain Applicant: Gordon & Heidi McLeon, represented by Brown-Wolin Construction, Inc. MOTION: ROGERS SECOND: PROPER VOTE: 4-0 APPROVED WITH NO CONDITIONS 14. DelPonte Residence DRB04-0226 Clare Final review of a minor alteration 3070 Booth Creek Drive/Lot 7, Block 3, Vail Village Filing 11 Applicant: Reg & Julie DelPonte, represented by Victor Mark Donaldson Architects MOTION: ROGERS SECOND: MATHIAS VOTE: 4-0 TABLED TO JULY 7, 2004 15. Goldstein Residence DR604-0224 Clare Final review of a minor alteration 2983 Bellflower Drive/Lot 8, Block 6, Vail Intermountain Applicant: John Goldstein, represented by Plath Construction, Inc. MOTION: MATHIAS SECOND: PROPER VOTE: 2-2 (PIERCE AND ROGERS OPPOSED) MOTION TO APPROVE FAILED MOTION: PROPER SECOND: ROGERS VOTE: 3-1 (MATHIAS OPPOSED) MOTION TO APPROVE WITH ONE CONDITION 1. That the applicant paint the fascia of the structure the same color green as the roof shingle simultaneously with the installation of the new roof. 16. Tritt Residence DRB04-0227 Clare Final review of a minor alteration 1901 Buffehr Creek Road/Lot 33E, Buffehr Creek Subdivision Applicant:. Richard Tritt, represented by J & M Enterprises MOTION: ROGERS SECOND: MATHIAS VOTE: 4-0 TABLED TO JULY 7, 2004 3 17. Cohen Residence DRB04-0214 Matt 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 18. Middle Creek Affordable Housing Matt Final review of a minor alteration of amulti-family structure 129 North Frontage Road/Middle Creek Village Applicant: TOV Housing Authority, represented by Coughlin and Associates MOTION: SECOND: VOTE: CONDITIONS: DRB would like to see a larger mock up of Georgian Brick (HC 50), Copper Mine (2094-20), and Grand Father Clock Brown (2096-30) 19. Town of Vail Public Works DR604-0237 Clare Final review of a minor alteration 1289 Elkhorn Drive/Unplatted Applicant: Town of Vail, represented by John Gallegos STAFF DENIED 20. Slifer Building, LLC DRB04-0184 Russ Final review of changes to approved plans 230 Bridge Street/Lot B, Block 5, Vail Village Filing 1 Applicant: Slifer Building, represented by Rodney Slifer WITHDRAWN 21. Vista Bahn Bldg. (Altaa Sports) DRB03-0073 Warren Final review of a new sign 278 Hansen Ranch Road/Lot C, Block 2, Vail Village Filing 1 Applicant: Knight Planning Services WITHDRAWN Staff Approvals Danson Residence DRB04-0205 Joe Final review of a minor alteration 3005-A Booth Falls Road/Lot 18, Block 3, Vail Village Filing 13 Applicant: Alan Danson, represented by TCC Contractors Potato Patch Condo Association DRB04-0206 Joe Final review of a minor alteration 770 Potato Patch Drive/Lot 6, Block 2, Vail Potato Patch Filing 1 Applicant: Master Sealers Vail Corp. West Day Lot DRB04-0207 Joe Final review of a new sign , 790 West Lionshead Circle/Lots A,B,C, Morcus Subdivision Applicant: Vail Corp:, represented by Mauriello Planning Group, LLC Chamonix Chalets Condo Association DRB04-0209 Final review of a minor alteration Joe 4 2459 Chamonix Lane/Lot 15, Block C, Vail das Schone Filing 1. Applicant: Chamonix Chalets Condo Association, represented by TCC Contractors Vail Corp./West Day Lot DRB04-0210 Warren Final review of a new sign 790 West Lionshead Circle/Lots A,B,C, Morcus Subdivision Applicant: Vail Corp., represented by Mauriello Planning Group, LLC Vail Corp./V1/est Day Lot DR604-0211 Warren Final review of a new sign 790 West Lionshead Circle/Lots A,B,C, Morcus Subdivision Applicant: Vail Corp., represented by Mauriello Planning Group, LLC Vail Corp./West Day Lot DRB04-0212 Warren Final review of a new sign 790 West Lionshead Circle/Lots A,B,C, Morcus Subdivision Applicant: Vail Corp., represented by Mauriello Planning Group, LLC Eagle River Water and Sanitation District DRB04-0192 Clare Final review of a minor alteration Forest Road Right-of-Way Applicant: Eagle River Water and Sanitation District, represented by Linn Schorr Solar Vail DRB04-0191 Warren Final review of changes to approved plans 501 North Frontage Road/Lot 8, Block 2, Vail Potato Patch Applicant: Thomas Arbogast Myers Residence DRB04-0223 Joe Final review of a minor alteration 1895 Sunburst Drive/Lot 8-B, Vail Valley Filing 3 Applicant: Jonathan & Beverly Myers Bridge Street Associates DR604-0178 Clare Final review of changes to approved plans 303 Gore Creek Drive/Lot 7, Block 5, Vail Village Filing 1 Applicant: Bridge Street Associates, represented. by Shepherd Resources, Inc. Ron Byrne Associates DRB04-0217 Final review of a minor alteration 281 Bridge Street/Lots D,E, Block 5C, Vail Village Filing 1 Applicant: Ron Byrne Clare Lions Square Condo Association.lnc. DRB04-0218 Clare Final review of a minor alteration 660 Lionshead Place/Lot 1, Vail Lionshead Filing 1, Addition 1 Applicant: Lions Square Condo Association Inc., represented by Turner Morris, Inc. Cook Residence DRB04-0220 ~ Warren Final review of changes to approved plans 1012 Eagles Nest Circle/Lot 2, Block 6, Vail Village Filing 7 Applicant: Sam Cook, represented by Fritzlen Pierce Architects 5 Distelhorst Residence DRB04-0232 Joe Final review of a minor alteration 4592 East Streamside Circle/Lot 2, Distelhorst Subdivision ' Applicant: Frederick Distelhorst, represented by Architectural Services, PC Prudential/Gore Range Properties DRB04-0229 Final review of new window signage 288 Bridge Street/Lot 2, Block 5A, Vail Village Filing 1 Applicant: Betsy Bradley Elisabeth Sitzmark Lodge DRB04-0222 George Final review of a minor alteration 183 Gore Creek Drive/Lot A, Block 5B, Vail Village Filing 1 Applicant: Bob and Helen Fritch, represented by Carroll Tyler Town of Vail Municipal Building DRB04-0240 Clare Final review of a minor alteration ' 75 South Frontage Road/Unplatted Applicant: Town of Vail, represented by John Gallegos Qwest Communications DRB04-0221 - Bill Final review of a minor alteration 4718 Juniper Lane/Tract D, Bighorn Townhomes Subdivision Applicant: Town of Vail, represented by Qwest Communications via Precision Survey & Mapping Vail Transportation Center DRB04-0239 Clare Final review of a minor alteration 241 East Meadow Drive/Tract B and C, Block 5D, Vail Village Filing 1 Applicant: Town of Vail, represented by John Gallegos Town of Vail Municipal Building DRB04-0238 Clare Final review of a minor alteration 75 South Frontage Road/Unplatted Applicant: Town of Vail, represented by John Gallegos Vail Fire Station DR604-0236 - Clare Final review of a minor alteration 42 West Meadow Drive/Lot H, Vail Village Filing 2 Applicant: Town of Vail, represented by John Gallegos Leever Residence DRB04-0038 Warren Final review of changes to approved plans 1397 Vail Valley Drive/Lot 6, Block 3, Vail Valley Filing 1 Applicant: Dan & Julie Leever, represented by Shelly Mello International RM Corp/Ferrari House DRB04-0247 Joe Final review of a minor alteration 1915 Sunburst Drive/Lot 10, Vail Valley Filing 3 Applicant: International RM Corp c/o Ferrari House, represented by Plath Construction Davis Residence DRB04-0241 Final review of a minor alteration Elisabeth 6 4415 Bighorn Road, Unit 2/Lot 2, Block 3, Bighorn Subdivision 3`d Addition Applicant: Margo Davis, represented by Jeff Borek, High Altitude Home Improvement 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. 7 MEMORANDUM To: Town Council From: Stan Zemler Judy Camp Date: July 1, 2004 Subject: Guidelines for General Fund Balance As requested in your last meeting, we have scheduled time on Tuesday to discuss guidelines for the appropriate balance to be maintained in the General Fund. BACKGROUND: The town's General Fund balance has grown from $3.7 million or 21% of revenue in 1999 to $10 million or 46% of revenue by year-end 2004. The budget guideline for the General Fund balance was 10% in 1999 and was increased to 25% for the 2001 budget. The guideline was established to assure that the fund balance is adequate to cover short-term fluctuations in revenues, emergencies, and planned future expenditures. The Government Finance Officers' Association (GFOA) "recommends, at a minimum, that general-purpose governments, regardless of size, maintain unreserved fund balance in their general fund of no less than five to 15 percent of regular general fund operating revenues, or of no less than one to two months of regular general fund operating expenditures." (See attachment A for full text). This recommendation, of course, should be considered in the context of the particular government's own circumstances. In the case of Vail, we are heavily dependent upon a single source of revenue -sales tax, which contributes about 45% of all town revenue. Two other revenue sources, the ski areas admissions tax and the public accommodations tax, which add another 10%, are similar to the sales tax in that their revenue is concentrated in the five winter months and they are vulnerable to outside factors such as snow conditions, tourism, and the general economy. Another source of revenue that is generally considered more stable is property tax. Because of the Gallagher Amendment, however, we have seen a reduction in sales tax revenue and are likely to see additional reductions in the future. On the cost side, we are entering a period of redevelopment which is expected to increase our costs in the near term. All of these considerations make it prudent to carry a fund balance that is higher than the minimum recommended by GFOA. GFOA also suggests higher percentages for smaller governments. STAFF RECOMMENDATION: Staff recommends that the town continues to maintain as a minimum 25% of general fund revenue in the general fund balance. Recognizing that 25% is a minimum and that the town is entering a period of uncertainty during redevelopment, staff further recommends that an appropriate target for the 2005 budget and five-year plan is somewhat higher than the minimum at 35%. As part of the 2005 budget process, would Council like staff to bring back proposals to reduce the general fund balance to no less than 35% during the five-year time frame? MEMORANDUM TO: Town Council FROM: Community Development Department DATE: July 6, 2004 SUBJECT: Proposed text amendments to Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Hillside Residential (HR), Single-Family Residential (SFR), Two- Family Residential (R), Two-Family Primary/Secondary Residential (PS), • Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), and Housing (H) 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), Districts, and setting forth details in regard thereto. First reading of Ordinance No. 14, Series of 2004, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), and Housing (H) districts. II. BACKGROUND On June 1, 2004, the Town Council approved Ordinance No, 10, Series of 2004, on first reading to amend the GRFA regulations only in the Single-Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential (PS) districts. On June 15, 2004, the Town Council tabled the second reading of Ordinance No. 10, Series of 2004, and directed Staff to revise the proposed basement deduction methodology, to examine options for regulating the design of crawlspace and basement footings, and to examine options for amending the Town's GRFA policies in all residential zone districts. A revised Ordinance No. 10, Series of ~, 2004, (Attachment C) has been attached for review and approval on second reading. This ordinance has been revised per the Town Council's June 15, 2004, direction; however, it is consistent with the June 1, 2004, first reading approval and only amends the Single-Family Residential (SFR), Two-Family Residential 1 (R), and Two-Family Primary/Secondary .Residential (PS) Districts. Staff is recommending that the Town Council either table or deny the second reading of this ordinance. Since the Town Council has not thoroughly discussed the impacts of the Planning and Environmental Commission's recommendation to repeal the 250 Addition and Interior Conversion GRFA bonuses in the multiple-family districts, Staff has drafted two versions of Ordinance No. 14, Series of 2004, to amend the GRFA regulations in the all the Town's residential districts (i.e. Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), and Housing (H) districts) per the Town Council's direction on June 15, 2004. The first version of Ordinance No. 14 (Attachment A) applies the GRFA amendments to all the residential districts; however,, this version only repeals the 250 Addition and Interior Conversion GRFA bonuses in the Single-Family (SFR), Two-Family (R), and Two-Family Primary/Secondary (PS) Districts. Staff is recommending that the Town Council approve this ordinance on first reading. The GRFA formulas have been adjusted to compensate to the repeal of the 250 Addition bonuses in only these districts. The second version of Ordinance No. 14 (Attachment B) applies the GRFA amendments to all the residential districts in the same manner, with the exception that the 250 Addition and Interior Conversion GRFA bonuses are repealed in all of the Town's residential districts. The GRFA formulas have been adjusted to compensate to the repeal of the 250 Addition bonuses in each of these districts. This version is consistent with the Planning and Environmental Commission's recommendation; however, given the potential impacts of repealing the 250 Addition and Interior Conversion bonuses in the multiple-family residential district, as described later in this memorandum, Staff does not recommend the Town. Council adopt this ordinance on first reading. III. DISCUSSION ITEMS GRFA Amendment Goals For reference, the following is a summary of the PEC's and Town Council's goals for the amendments to the GRFA regulations: • GRFA reforms should be simpler to understand, implement, and enforce. • GRFA reforms should be equitable. • GRFA reforms should address related Town zoning regulations. • GRFA reforms should not negatively impact property sales or values. • Government should not regulate the interior use of homes. • GRFA reforms should improve compliance with building and fire codes. • GRFA reforms should not dramatically increase development potential. 2 In Staff's opinion, there are inherent difficulties and contradictions in trying to achieve all of these goals. The amendments should achieve simplicity and equitability in the Town's GRFA regulations without decreasing or significantly increasing residential development potential. The two most efficient amendment options for achieving simpler and more equitable GRFA policies are to either calculate every square foot of a building as GRFA (i.e. no credits/bonuses, no deductions, no exemptions, etc.) or to not calculate any portion of a building as GRFA (i.e. repeal GRFA). However, repealing GRFA does not achieve the goal of not significantly increasing development potential. Additionally, counting an entire building as GRFA by eliminating or consolidating the existing 425 credits, 225 credits, garages credits, crawlspace exemptions, vaulted space exemptions, attic exemptions, common element exemptions, employee housing exemptions and bonuses, 250 Addition bonuses, and Interior Conversion bonuses (all of which are only applied to unique circumstances) also can not fully achieve the goals of not decreasing nor significantly increasing the existing development potential for every dwelling unit. PEC's GRFA Amendment Recommendations For reference, the following is a list of the Planning and Environmental Commission's recommended amendments to the Town's GRFA policies that .the Town Council has been considering: • Amendments should be phased: first all residential zone districts and secondly all other zone districts • Convert GRFA to ratio type formulas • Measure GRFA from the outside of the exterior building walls • Include stairs as GRFA on every level in multiple-family structures • Calculate vaulted spaces as GRFA • Repeal the 250 Ordinance GRFA bonus • Repeal the Interior Conversion GRFA bonus • Maintain the existing GRFA deductions for attics, crawlspaces, and garages • Deduct basements from GRFA • Clarify the definition of site coverage • Increase the minimum parking requirements The Town Council has considered and rejected the following Planning and Environmental Commission recommended amendments to the Town's GRFA policies: • GRFA renamed to FAR (Floor Area Ratio) • Any loss of development potential should justify a variance from GRFA • Amnesty for previous illegal construction brought into compliance with amendments ~. For reference, the following is a summary of the GRFA policy amendments \ recommended by the Planning and Environmental Commission: 3 Amendments should be phased:. first residential zone districts and secondly all other zone districts PEC Recommendation The PEC recommends that the GRFA amendments be phased to first apply to the Town's residential districts and then to the Town's commercial districts (i.e. Lionshead and Vail Village). Purpose The PEC recommends the GRFA amendments first be applied to the residential districts since these are the properties most directly impacted by any changes to the GRFA regulations. Additionally, the first phase of amendments will function as a case study for future GRFA amendments within the commercial zone districts. Other Impacts This amendment will create two sets of GRFA regulations vvithin the Town of Vail, one set applying to the residential districts and the other set applying to all other districts. GRFA converted to ratio type formulas PEC Recommendation The PEC recommends that the GRFA formulas be simplified to a ratio type formula. This involves consolidating the existing ratio formulas and "425" and "225" GRFA credits into a single ratio. Purpose The purpose of this amendment is to simplify the GRFA formulas. Other Impacts This amendment may reduce the amount of redevelopment potential for existing, non-conforming properties that exceed the maximum allowable number of dwelling units. The "225" GRFA credits in the RC, LDMF, and MDMF zone districts are allocated based upon the number of "constructed" dwelling units rather than the number of "allowable" dwelling units as contemplated in the PEC's recommended GRFA formula. This amendment will establish the maximum allowable GRFA for an entire development site without dedicating specific square footage amounts to individual units. For example, currently a "425" GRFA credit is applied separately to each half of a duplex in the Two-Family Primary/Secondary Residential District. This amendment will therefore be less prescriptive in the distribution of development potential between duplex and multiple-family dwelling units. r GRFA measured from the outside of the exterior building walls PEC Recommendation GRFA is currently measured from the inside face of exterior walls. 4 The PEC recommends that GRFA be measured from the outside exterior building walls. Purpose The purpose of this proposed amendment is for GRFA to more accurately measure building bulk and mass. Measuring GRFA from the outside of the exterior walls would also be in alignment with the construction project estimating practices commonly used by architects and contractors. Additionally, during the construction process developers are commonly required to prepare "Improvement Location Certificates" to verify that buildings are being constructed in compliance with setbacks and building height limits. By measuring GRFA from the exterior of building walls, these "Improvement Location Certificates" may also be used to verify that a building is being constructed in compliance with the GRFA regulations. The PEC has recommended that the current GRFA formulas be increased by 10% to compensate for the difference between the current and proposed measuring methods. Generally, during the design process architects and builders budget 8% to 10% of the total building size for exterior wall area. Other Impacts Party walls separating uses within duplex, multiple-family, and mixed-use buildings are currently excluded from GRFA calculations. This amendment will calculate party walls as GRFA. This amendment may reduce the amount of redevelopment potential for existing dwellings with exterior walls that exceed 10% of the floor area of the entire building. While buildings must comply with the minimum structural and energy efficiency requirements of the Building Code, this amendment may create a disincentive for the construction of thicker exterior walls which may provide greater energy efficiency or have better architectural character than thinner exterior walls. Stairs included as GRFA on every level in multiple-family structures PEC Recommendation Currently stairs are counted as GRFA on every level of a single- family or duplex building, but on only one level of amultiple-family building. The PEC recommends that stairs be counted as GRFA on all levels in all types of residential buildings. Purpose The purpose of this amendment is that GRFA may more accurately measure building bulk and mass. Additionally, this amendment is intended to create greater consistency in the { methodology for calculating GRFA. Other Impacts This amendment may reduce the amount of redevelopment 5 potential for existing multiple-family dwellings with stairs previously not considered GRFA. Vaulted spaces included as GRFA PEC Recommendation Currently, vaulted or "open to below" spaces are excluded from the GRFA calculations. The PEC recommends that portions of vaulted areas with a ceiling height of 16 feet or more be calculated as GRFA. The PEC has recommended increasing the current GRFA formulas by 15% to compensate for existing vaulted areas currently excluded from .the GRFA calculations. Purpose The purpose of this amendment is for GRFA to more accurately measure building bulk and mass. This amendment is also intended to close aloop-hole in the current GRFA regulations in which excessive vaulted spaces are created and later illegally converted to floor area. By calculating vaulted spaces as GRFA, a homeowner has the choice of maintaining the vaulted area or in- filling the area without affecting their compliance with the GRFA regulations. Currently this option is only available to buildings that are eligible for an "Interior Conversion" GRFA bonus. Other Impacts This amendment will make calculating GRFA more difficult than the current regulations. This amendment may reduce the amount of redevelopment potential for existing dwellings with vaulted areas in excess of 15% of the floor area of the entire building. This amendment may create a disincentive for the construction of vaulted areas. Regulating the interior volume of a vaulted space may impact the exterior design of that portion of a building. This amendment may encourage undesirable exterior roof forms (i.e. such as flat roofs) that will maximize the size of interior spaces while maintaining compliance with the GRFA deduction specifications. 250 Ordinance GRFA bonus repealed PEC Recommendation The PEC recommends .that the "250 Ordinance" GRFA bonus, which is only available to select properties, be repealed and the GRFA formulas be increased by 250 sq. ft. per allowable dwelling unit. r Purpose The current "250 Ordinance" GRFA bonus only applies to select buildings that were constructed prior to November 30, 1995 and 6 that meet or exceed their allowable GRFA limits. The purpose of this amendment is to create equity between properties within the same zone district by granting an additional 250 sq. ft. to all allowable dwellings. This amendment simplifies the calculation of allowable GRFA and eliminates the accountirig/record keeping challenges associated with regulating the current bonuses. The current "250 Ordinance" GRFA bonus is only available to existing buildings which meet or exceed their allowable GRFA limits; therefore, this amendment ends the Town's inconsistently applied policy of allowing non-conforming buildings to become larger and more non-conforming. For duplex and multiple-family dwellings, the zoning regulations will no longer designate specific amounts of GRFA for specific dwelling units. Instead, the allowable GRFA will be allocated to the site as a whole and unit owners will be responsible for dividing and allocating GRFA to specific units. In the past, some relationships between private joint-owners and association have been rather contentious. Therefore, the Staff has recently received public input that the current practice of allocating the existing 250 Addition GRFA bonus to specific units has been an incentive for redevelopment. Conversely, GRFA potential allocated collectively, to an association for example, has .not been an incentive for redevelopment due to the inability of some associations to reach consensus on how development potential should be allocated. Other Impacts This amendment may reduce the amount of redevelopment potential for existing non-conforming buildings that exceed the allowable number of dwelling units and/or exceed the allowable amount of GRFA. This amendment will increase the redevelopment potential for new buildings and existing buildings which were previously not eligible for the "250 Ordinance" GRFA bonus. Interior Conversion GRFA bonus repealed PEC Recommendation The PEC recommends that the "Interior Conversion" GRFA bonus be repealed. Pur ose The purpose of this amendment is to create equity between properties within the same zone district. The current "Interior Conversion" GRFA bonus only applies to select buildings that were constructed prior to August 5, 1997, that meet or exceed their allowable GRFA limits, and were originally constructed with non-GRFA areas (such as crawlspaces, attics, and vaulted spaces) which are physically capable of being converted to GRFA. This amendment simplifies the calculation of allowable GRFA and eliminates the accounting/record keeping challenges associated with regulating the use of these bonuses. The current "Interior Conversion" GRFA bonus is only available to existing buildings which meet or exceed their allowable GRFA limits. Therefore, this amendment ends the Town's inconsistently- applied policy of allowing non-conforming buildings to become larger and more non-conforming. The PEC did not recommend a direct increase to the GRFA formulas to compensate for repealing this bonus. Instead the PEC recognized that the repeal of this bonus will be .compensated for in the amended GRFA formulas since all vaulted spaces will be calculated as GRFA and portions of basements will be excluded from the GRFA calculations. Other Impacts This amendment may reduce the amount of redevelopment potential for some existing non-conforming buildings that exceed the allowable number of dwelling units and/or exceed the allowable amount of GRFA. This amendment may reduce the amount of redevelopment potential for existing non-conforming buildings which have previously converted areas to GRFA in excess of the 15% GRFA formula increase for vaulted areas and/or the proposed basement deduction. Deduct basements from GRFA PEC Recommendation The PEC recommends that below grade spaces (i.e. basements) be deducted from GRFA. The PEC recommends that the lowest level of a building be deducted from GRFA based upon the proportion of that level located below-grade. The proportion of a level deducted from GRFA shall be determined by calculating the total exterior surface area of the exterior walls for the lowest level and then calculating the proportion of that surface area which is located below grade. Purpose This amendment increases the amount of allowable GRFA in all residential zone districts, with the intent that the increase be located below-grade and not dramatically increase the above- grade building bulk and mass potential. Other Impacts This amendment will make calculating GRFA more difficult than the current regulations. This amendment may create justification for variances from the GRFA regulations. If below-grade spaces are deducted from the GRFA calculations, the Town can anticipate receiving variance applications for lots where the construction of a basement is not physically practical (i.e. the presence of bedrock, high water tables near creeks and wetlands, excessively steep slopes, the presence of existing buildings and structures, etc.). The current GRFA regulations do not specify whether GRFA should be constructed above or below grade. Therefore, the entire GRFA potential of a given lot may be constructed above- grade. However, in practical terms, Vail's sloping topography often dictates that some portion of a building be constructed below-grade. By not counting below-grade portions of a building as GRFA, this amendment will create an incentive to construct all allowable GRFA above-grade. This amendment will create an actual square footage development potential increase for residential lots that is equivalent to the square footage of the allowable site coverage. For example, a 25,000 square foot lot zoned Two-Family Residential (site coverage equals 20%) may receive an actual square footage development potential increase of 5,000 sq. ft. if a completely below-grade basement were constructed and excluded from the GRFA calculations. By excluding the lowest level of a structure from the GRFA calculations, this amendment creates an incentive to maximize the size of the lowest level (equivalent to the allowable site coverage). This also discourages the design of buildings that "step-up" a site with the alignment of the building stories in response to the site topography. This then encourages a greater amount of site excavation that results in more disturbance to existing soils and the more destruction of existing vegetation. When calculating GRFA, deductions such as those for crawlspaces and garages located on the lowest level of a building will be applied first and then a basement deduction will be applied. This methodology continues to encourage the construction of crawlspaces designed to be illegally converted to GRFA at a future date. Any proposed re-grading of a site must be reviewed to ensure the proposed grade changes do not alter the basement deduction calculations hereby negatively affecting the building's compliance with the GRFA regulations. This may include anything from the construction of a new building addition, the installation of a deck or patio, or any landscaping improvements such as modifications to planting berms/beds or the replacement of failed retaining walls. This amendment will also require homeowners to `.,submit topographic surveys with any GRFA addition and may require homeowners to submit Improvement Location Certificate topographic surveys to verify that a project's grading was completed according to the approved plans. Clarify the definition of site coverage PEC Recommendation The PEC recommended that the definition of site coverage be amended to clarify the Town's policy of including below-grade structures in the site coverage calculations. Parking requirements increased PEC Recommendation The PEC recommended. the Town's parking requirements be increased for larger dwellings. The parking requirement will increase from three spaces to four or five spaces for single- family/duplex units and from 2.5 to 3.5 spaces for multiple-family units. Purpose The purpose of this amendment is to increase the parking requirement for larger homes (4,000 sq. ft. of GRFA and larger). The proposed text amendments also clarify the "rounding" differences between single-family/duplex parking calculations and multiple-family calculations. Other Impacts This amendment may render some existing properties non- conforming in regard to parking. This amendment .may require the construction of additional impervious parking surfaces. GRFA Formulas For reference, the following is a brief summary of how the existing allowable GRFA calculations, credits, bonuses, and exemption changes are consolidated into ratio type formulas: • First the current allowable GRFA ratio is calculated; then, • All applicable "425" or "225" GRFA bonuses are added based upon the density limits of the zone district; then, • 250 sq. ft. is added for each dwelling unit allowed by the density limits of the zone district to compensate for the repeal of the "250 Ordinance"; then, • The ratio is increased by 15% to compensate for previously exempted vaulted spaces now being calculated as GRFA and to compensate for previously approved "Interior Conversions" which converted exempted vaulted spaces to GRFA; then, ~, . The ratio is increased by 10% to compensate for previously exempted exterior walls. • The ratio will not be directly increased to compensate for the current Interior Conversion bonus. This will be compensated for with the 10 1~ proposed adjustments to the vaulted space and basement calculations. The proposed GRFA formulas .are not adjusted to compensate for past "Interior Conversions" of crawlspaces, as the proposed text amendments allow for the deduction of below grade basement areas from the GRFA calculations. Similarly, the proposed GRFA formulas are not adjusted to compensate for past "Interior Conversions" of vaulted areas as these areas will be calculated as GRFA and a 15% increase has been added to the GRFA formulas to compensate. Please note that the GRFA formulas have not been directly adjusted to create an overall increase in development potential. The formulas have only been adjusted to allocate the existing GRFA bonuses (such as the 250 and Interior Conversion) to all properties and to compensate for currently exempted portions of buildings being calculated as GRFA in the new formulas. The current GRFA credits, bonuses, and exemptions do not currently apply evenly to all dwelling units. These credits, bonuses, and exemptions are all dependent upon circumstances unique to each dwelling unit within the Town of Vail (e.g. year constructed, design of the structure, conforming/non- conforming status, zone district constructed, etc.) Therefore, dwellings previously not eligible for some credits will increase in development potential with these amendments, while existing non-conforming structures may exceed the proposed GRFA limits and will decrease in development potential. Revisions made per the Town Council's June 15, 2004 meeting Basement Deductions Per the Town Council's direction, Staff has revised the basement deduction methodology of Ordinance No. 10, Series of 2004, to be a graduated deduction (i.e. ranging from 0% to 100%) based upon the proportion of a basement's exterior wall area located below grade. Sections 1 and 8 of the ordinance have been amended as follows: BASEMENT. For the purposes of calculating gross residential floor area (GRFA): on the lowest level of a structure, the total percentage of exterior wall surfaces unexposed and below existing or finished grade, whichever is more restrictive, shall be the percentage of the horizontal area of the lowest level deducted from the GRFA calculation. The percentage deduction calculations shall be rounded to nearest whole percent. The lowest level's exterior wall surface area shall be measured from the finished floor elevation of that level to the underside of the structural floor members of the floor/ceiling assembly above. For the purposes of these calculations, retaining walls and site walls shall not be considered part of the lowest level's exterior walls. • Town of Vail Staff meeting with the City of Aspen Staff The Town of Vail Staff met with the City of Aspen Staff to discuss Aspen's implementation of an FAR (Floor Area Ratio) policy that calculates subgrade areas as floor area based upon the proportion of a basement's exterior wall area exposed above grade. 11 The basement deduction provisions of Ordinance No. 10, Series of 2004, are substantially similar to the City of Aspen's zoning regulations for subgrade areas. There are, however, a few significant differences between the proposed GRFA amendments and Aspen's regulations. Aspen's regulations allow for a subgrade area deduction on multiple stories of a building. Additionally, the Aspen zoning regulations were recently revised to calculate all crawlspaces as floor area. Both the City of Aspen and Pitkin County zoning regulations previously allowed crawlspaces with afloor-to- ceiling height of 5'6" or less to be deducted from the floor area calculations.. However, this regulation was widely abused and unnecessary crawlspaces were being designed for the purpose of future illegal construction. The City of Aspen has also revised how egress window wells are treated when calculating basements as floor area. Previously, window wells were not considered "finished grade" and grade was calculated at the preexisting natural grade elevation. However, several structures were being designed with egress around the majority of the building, thus exposing the basement walls and creating a "moat affect". Egress window wells are now considered as finish grade elevation and therefore no longer count toward the basement floor area deduction. A fundamental difference between the Town of Vail and the City of Aspen is topography. A significant portion of Vail's residential lots are have sloping topography, while the majority of lots within the Aspen city limits are located on the valley floor and have relatively flat topography. • Crawlspace/Basement Footer and Foundation Design Standards Per the Town Council's direction, Staff considered options for regulating crawlspace/basement footers and foundations. The Town of Vail Building Division does not recommend that. zoning regulations be used to control the engineering specifications for footers and foundations (i.e. limiting footer designs to a specific width or depth) as these specifications are currently regulated by the Town's adopted building code. Instead, Staff is recommending that a provision be added to the Town's Development Standards Handbook (Title 14, Vail Town Code) as a general design guideline for footer and foundation design. Section 13 of Ordinance No. 10, Series of 2004, now includes afooter/foundation design guideline as follows: 12. Building footings and foundations shall be designed in accordance with the minimum sfandards of the adopted building code. Footings and foundations shall also be designed to be responsive to the natural topography of the site, and shall be designed and constructed in such a manner as to minimize the necessary amount of excavation and site disturbance. In addition to this amendment to Title 14, Staff has also revised Section 12 of Ordinance No. 10, Series of 2004, to replace an obsolete GRFA 12 table found in Title 14, Development Standards Handbook, Vail Town Code, and .with a reference to Chapter 12-15, Gross Residential Floor Area, Vail Town. • Multiple-Family Zone Districts The Town Council previously directed Staff to draft an Ordinance to amend the GRFA regulations within the Single-Family, Two-Family, and Two-Family Primary/Secondary zone districts. Per the Town Council's direction on June 15, Staff has draft an ordinance [i.e. Ordinance No. 14, Series of 2004) to apply the proposed GRFA amendments to the remaining residential zone district (i.e. Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), and Housing (H) districts]. The proposed basement GRFA deduction is collectively allocated to multiple-family and mixed-use development sites. The deduction is not allocated on a specific square footage basis to a specific dwelling unit. As previously stated, Staff has received public input voicing concerns about the repeal of the 250 Addition and Interior Conversion bonuses in the multiple-family zone districts. A significant portion of the multiple- family developments within the Town of Vail is non-conforming in regard to density and GRFA, and the only current opportunity of additional GRFA for redevelopment is provided by the 250 Addition and the Interior Conversion bonuses. Should the 250 Addition and Interior Conversion bonuses be repealed, the proposed GRFA amendments may render existing buildings that have constructed 250 Additions non-conforming in regard to the new GRFA formulas. IV. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council either deny or table Ordinance No. 10, Series of 2004, (Attachment B) on second reading 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. The Community Development Department recommends that the Town Council approves Ordinance No. 10, Series of 2004, (Attachment A) on first reading 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 or the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), and Housing (H) districts, and setting forth details in regard thereto. Should the Town Council choose to approve Ordinance No. 10, Series of 2004, 13 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. V. ATTACHMENTS Attachment A: Ordinance No. 14, Series of 2004 (amendments to all the residential districts with the repeal of the 250 Addition and Interior Conversion GRFA bonuses only in the Single-Family, Two-Family, and Two-Family Primary/Secondary residential districts) Attachment B: Ordinance No. 14, Series of 2004 (amendments to all the residential districts with the repeal of the 250 Addition and Interior Conversion GRFA bonuses in all residential districts) Attachment C: Ordinance No. 10, Series of 2004 (amendments to all the residential districts with the repeal of the 250 Addition and Interior Conversion GRFA bonuses in all residential districts) r 14 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 firids 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. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF Ordinance No. 10, Series of 2004 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 r+r~~. Text which is to be added is indicated as bold italics.) BASEMENT: ,For the purposes of calculating gross residential floor area (GRFA): on the lowest level of a structure, the total percentage of exterior wall sun`aces unexposed and below existing or finished grade, whichever is more restricfive, shall be the percentage of the horizontal area of the lowest level deducted from the GRFA calculations. The percentage deduction calculations shall be rounded to nearest whole percent. The lowest level's exterior wall surface area shall be measured from the finished floor elevation of that level to the underside of the structural floor members of the floor/ceiling assembly above. For the purposes of these calculations, refaining walls and site walls shall not be considered part of the lowest level's exterior walls. FLOOR AREA, GROSS RESIDENTIAL (GRFA): Thy +n+~~ ~„~ ~~ro fnn+~no of .,~~ ~e„n~~ of •, , chore+rnnlr n~nc~for ~nr~ n+hnr cimilnr ~ninll fi r~ichoe~. 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-86 (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 Ordinance No. 10, Series of 2004 2 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 often 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 ~+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: '+ T~nion}~i fivn /7~1 crr~ ~nre foa+ of nrncc roci`-Ionl•i~l flnnr reran ( /('_RG~1 ~nr o.+rh nna h~~nrlror! /~llrll crr~inro foo4 of Oho fire fiH•oon • }hni ~cnnr! /1 ~. (lflrl\ cn~ i~ro food of ci4o nron• nli i~ > > Ordinance No. 10, Series of 2004 3 h Ton /1 n\ r•ni inro foot of nrnec ro r•ir~e n+inl flnnr nron /(_p~4\ fnr anr•h nne hi ~nrlro r• /'1 nn\ cn~ inrn foo+ of ci+o nron nvor fif+von t o /Qn nnm cni ~~rn fnn+ of ci+o nron• .,li i~ n Grin /r.\ cn~ inrn fon+ of nrncc rocii+o n+inl flnnr nron //'_l7CA\ fnr n_~rh nno h~ ini-lrcrl /'I nM oni ~or~ foo+ of c•i+o nron in ovrocc of +hir}v V 1 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 floot area (GRFA) for each one hundred (100) square feet of site area over fifteen thousand (15,000) square feet, not exceeding fhirty 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: ~ T~einnfii fivn /7G\ crn into foo+ of nrn~c rocii-Ton+i~+l flnnr ~+ro~+ /(`17C4\ fnr onnh nno h~ mr~rnl+ /1 nn\ cni ~nrn foo} of +hn firc+ fifFoon +hn~ ~~.,nrl !~ ~ nnrn cn~ into fno+ of ci+o nron• r,l~ ~ e ~ Ordinance No. 10, Series of 2004 4 h Ton /'I /11 ens ~nro foot of nrncc rociiJan+inl flnnr nrnn /('_Q~4\ fnr c~nh nnn h~ inrJrorJ /1 r1M cn~ ~nro foot of ci+n nrnn nvor fif+oon +hn~ ~cnnrJ /1 C. (111(1\ cn~ inrn font nn+ +n nvnonrl +hir+ii +hn~ icl+nra ~ , ~ ~i~ic /~.1 t~n~ rote foot of nrncc ro~irJon+inl flnnr nrnn /r`_l?~4 \ fnr annh nno h~ mr-lrorl /'1 (1M c~ni ~nrc foot of ci+o nrnn in ovnacc of +hir+~i 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 fhousand (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 r+r Text which is to be added is indicated as bold italics.) Use Parking Requirement 1f nrncc rncirJn n+inl flnnr nrnn ie nvor ~. rl/1 cni ~r+rn font Ordinance No, 10, Series of 2004rJ 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 feef or more: 5 spaces Mulfiple-Family If a dwelling unit's gross residential floor Dwellings area is 500 square feet or less: 7.5 spaces If a dwelling unit's gross residential floor area is more than 500 square, but less than 2,000 square feet: 2 spaces If a dwelling unit's gross residential floor area is 2,000 square feef 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: (Text which is to be deleted is indicated as stricken. Text which is to be added is indicated as bold italics.) EHU Additional GRFA Type I The EHU is entitled to an additional b88 550 sq. ft. Type II The EHU is entitled to an additional b89 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: ~, Ordinance No. 10, Series of 2004 6 Zone Districts GRFA Ratio GRFA Credits (Added to results of a lication of ercenta e Hillside Residential .20 of site <_21,780 sq. ft., plus 425 sq. ft. per allowable dwelling unit (H R) .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) Housing (H) Per Planning and Environmental Commission None a royal Public .80 of buildable area None Accommodation (PA) Commercial Core 1 .80 of buildable area None (CC1) , Ordinance No. 10, Series of 2004 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 buildin floor area on an 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 a royal Natural Area None permitted None Preservation (NAP) Ski Base/Recreation Per Town Council approval None (S B R) 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 Ordinance No. 10, Series of 2004 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 (SFR), Two-Family Residential (R) and Two- Family Primary/Secondary Residential (PS) 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 bythis 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. 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 greaterthan 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 Ordinance No. 10, Series of 2004 9 (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" orsimilar 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. f. Basements: on the lowest level of a structure, the total percentage of exterior wall surfaces unexposed and below existing or finished grade, whichever is more restrictive, shall be the percentage of the horizontal area of the lowest level deducted from the GRFA calculation. The percentage deduction calculations shall be rounded to nearest whole percent. The lowest level's exterior wall surface area shall be measured from the finished floor elevation of that level to the underside of the structural floor members of the floor/ceiling assembly above. For the purposes of these calculations, retaining walls and site walls shall not be considered part of the lowest level's exterior walls. ' 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 Ordinance No. 10, Series of 2004 from the outer surface of the post. 2. Additional Calculation Provisions: a. Common Interior Party Walls: Where more than one dwelling units exist within a single 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. t 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 maybe 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. Ordinance No. 10, Series of 2004 11 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 the finished floor to the underside of the structural members of the floor/ceiling assembly above, shall be calculated as GRFA on two levels of a structure. B. Within all districts except the Single-Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential (PS) 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. 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 Ordinance No. 10, Series of 2004 ~ 2 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 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 Ordinance No. 10, Series of 2004 ~ 3 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- family and 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. 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 Ordinance No. 10, Series of 2004 ~ 4 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 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. Crawl paces 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 Ordinance No. 10, Series of 2004 1 rJ 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 Vaif Town Code shall hereby be amended as follows: (Text which is to be deleted is indicated as striskeF}. 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, Cir~nlo fnmil" fie,n_fnmil„ nrim~+n,/ ornnr~r•n, nr mi ~~+i +~+mih, 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. Ordinance No. 10, Series of 2004 ~ 6 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+ske~. 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 lone districts except the Single-Family Residential, Two-Family Residential, and Two-Family Primary/Secondary Residential Zone Districts. C Ig. 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 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 Ordinance No. 10, Series of 2004 ~ 7 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 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 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 ortwo-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. Ordinance No. 10, Series of 2004 D O. 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. 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 i'n 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 Ordinance No. 10, Series of 2004 19 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: 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. Applidations 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. Ordinance No. 10, Series of 2004 2!7 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) Please refer to Chapter 12-15, Gross Residential Floor Area, Vail Town Code for complete regulations. Section 13. Chapter 14-10-D (BUILDING MATERIALS AND DESIGN) of the Vail Town Code shall hereby be amended as follows: (Text which is to be deleted is indicated as strislFen. Text which is to be added is indicated as bold italics.) 72. Building footings and foundations shall be designed in accordance with the minimum standards of the adopted building code. Foofings and foundations shall also be designed to be responsive to the natural topography of the site, and shall be designed and constructed in such a manner as to minimize the necessary amount of excavation and site disturbance. Section 14. 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 Ordinance No. 10, Series of 2004 2 ~ 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 15. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare, of the Towrr of Vail and the inhabitants thereof Section 16. 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 17. 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 1St 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. Ordinance No. 10, Series of 2004 22 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 A ORDINANCE NO. 14 Series of 2004 AN ORDINANCE AMENDING TITLE 12 (ZONING REGULATIONS), VAIL TOWN CODE, TO AMEND THE GROSS RESIDENTIAL FLOOR AREA (GRFA) REGULATIONS IN THE HILLSIDE RESIDENTIAL (HR), SINGLE-FAMILY RESIDENTIAL (SFR), TWO-FAMILY RESIDENTIAL (R), TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (PS), RESIDENTIAL CLUSTER (RC), LOW DENSITY MULTIPLE-FAMILY (LDMF), MEDIUM DENSITY MULTIPLE-FAMILY (MDMF), HIGH DENSITY MULTIPLE-FAMILY (HDMF), AND HOUSING (H) 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. r Ordinance No. 14, 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 r+r Text which is to be added is indicated as bold italics.) BASEMENT: For the purposes of calculating gross residential floor area (GRFA): on the lowest level of a structure, the Iota/percentage of exterior wall surfaces unexposed and below existing or finished grade, whichever is more restrictive, shall be the percentage of the horizontal area of the lowest level deducted from the GRFA calculation. The percentage deduction calculations shall be rounded to nearest whole percent. The lowest level's exterior wall surface area shall be measured from the finished floor elevation of that level to the underside of the structural floor members of the floor/ceiling assembly above. For the purposes of these calculations, retaining walls and site walls shall not be considered part of the lowest level's exterior walls. FLOOR AREA, GROSS RESIDENTIAL (GRFA): Thn +n+~~ cra ~nro fnn~~no of .,n io.,ni~ ,;f •, , hnnFrnr•L nl-+ 4or ~+nrl n+her ;rr,~~-.r,~,..~~ f.,;~ho~~. Refer to chapter 15 of this title for GRFA definitions, regulations, and requirements for GRFA calculations. 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 orwalkway. 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 orcovered patio that extends more than four feet (4') from the exterior face of the perimeter building walls or supporting columns. Section 2. Section 12-6A-8B (Hillside Residential District, Density Control) of the Vail Town Code shall hereby be ar4iended as follows: Ordinance No. 14, Series of 2004 2 (Text which is to be deleted is indicated as ~+r Text which is to be added is indicated as bold italics.) 6. Gross Residential Floor Area: 1. The following gross residential floor area (GRFA) shall be permitted on each site: h Ci~io /~\ rn i rn foo4 of nrncc racirlon~i~l flnnr moron /(_RC4\ fnr }hni ~ nrl onion hi ~nrlror7 o~nh~~i /'7 '1 7Qr\1 cni ~nro food M a. Not more than forty three (43) 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. Twenty five (25) 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 twenty two thousand (22,000) square feet of site area; plus c. Seven (7) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of twenty two thousand (22,000) square feet. 2~~aa~~e~fe floe abe~o, fn,~e~efl+~vz°,~~=~;-s~aare 3. On any site containing two (2) dwelling units, one of the units shall not exceed one thousand two hundred (1,200) square feet of gross residential floor area (GRFA). This unit shall not be subdivided or sold separately from the main dwelling unit. This unit may be integrated into the main dwelling unit or may be integrated within a garage structure serving the main unit, but shall not be a separate freestanding structure. Section 3. Section 12-6B-SB (Single-Family Residential District, Density Control) of the Vail Town Code shall hereby be amended as follows: Ordinance No. 14, Series of 2004 3 (Text which is to be deleted is indicated as strislEef~. 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: ~+ T~eion+v fivo /7r.\ crn ~~rn foo+ of nrncc rocirlon+iol flnnr ~ro~ !(`RC~\ fnr o~+rh nno hi ~nr+rorl /1 nn\ crn ~nro foo+ of +ho firc+ fieiehi +h.a ~nnr..d five h~ ~nrlrn r• /17 ~nn\ c~n~ i.~ro foo+ of ei+o ore~• n6 is ~ ~ h Ton /1 n1 cni ~~+rn foo+ of nrncc rocir~on+i~l flnnr ~ro~ /(~RG4\ fnr a ^+rh nno hi inrlro rl /'1 nn\ cn~ into foo+ of ci+o oro~ nvor fieicly +hni i nnrl fivo hrinrlrerl /17 Gnn\ ~n~ i~rn fno+ i a. Not more than forty (40) square feef of gross residential floor area (GRFA) for each one hundred (100) square feet of the first fen thousand (10,000) square feet of site area; plus b. Thirteen (13) square feef of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess often thousand (10,000) square feet. _. ~~agi+inn +n +ho nhn~io fns it hi inr•rnr7 fie~nn+~i fi~io /II')G.\ cn~ ~nro foo+ of ~~t- 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 4. 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 s#~+slEen. 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. 14, Series of 2004 ,4, nh nnc 4+i ~ni-lrara /1 fl(1\ n~ inro foot of ciao ~ro~ n~rcr~if}oG~ ~ ~ ~ ~ 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. Thirfy 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. 7~~a ~' fni it h~ inrJrord fieionFv fivo /A 7G~ cni ~n ro fno~ of :•ea-t~tk~e-abe~e~-~~~~, o rl~~rellinn ~ ini~ Section 5. 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 s~islEee. 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: c Ordinance No. 14, Series of 2004 5 /r'RGA\ fnr onnh nno hi mr•Iror# /'I rlrl\ cn~ ~nro foo+ of +ho firc+ fif+o +hn~ ~~•+r,rl /'I ~. /1r1/1\ eni ~nro foo+ of ei+o nroo• nh ie h Ton /1(11 n~ ~•+ro foo+ of nrnrc rocir~on+inl floor nroo /('_Q~4\ fnr ..y,.,,.... „ ....,... ~, .,.,., ....,.........~........ ... _.. ~~.....~ o•+nh nno h~ ~nr+ro r•I /'1 /1(1\ cni i•+ro fon+ of ci+o ~ro~ nvor fif+oo ~ ~ i ~ r Givn /~.\ c•n~ ~•+ro foo+ of rYrncc rc~ir~on+inl floor nroo /(=RC4\ fnr onnh nno hi inrJrorJ /'I (1r1\ cn~ „+rn fcc+ of ci+o nroo in ovnncc of +hir+" ..,..,.....~.,. ~,.,..~ ,...~....,....__. _. _.__ _.__ ... _..____ _. _....v a. Not more than forty six (46) square feef 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. `~• ~ ^+r~r+i+inn fn +ho •+hn"o fns ~r h~ inr~l rcirl fin~n n+v fivo //I '~~.\ cm ~nro foo+ of nrn ~ rn irlon+inl floor oron /(`_I?G4\ ~hnll ho nermi++erl_fnr_n~ch-~lh~e,^hl° Section 6. Section 12-6E-8A (Residential Cluster District, Density Control) of the Vail Town Code shall hereby be amended as follows: (Text which is to be deleted is indicated as st-riske~. Text which is to be added is indicated as bold ifalics.) A. Gross Residential Floor Area: ^I^+ morn +hnn fiemn+„ fi~,n /7~.\ cni lore foo+ of nrn ro ir+on+inl floor •+rnn /('`_[7G~\ ~hnll ho normi++orl fnr anrh nn ~IraTed /moo;-square-feet+ldable ci+o r+rnn• nrn"ir~orl hn~e,o"or +h n+ 17')x\ ni v+ro fon+ of nrnn~ rnnirJon+inl floor nroo /('_l?~A\ nor none+n in+or•1 Ordinance No. 14, Series of 2004 6 ~I,^,°Ili^^ ~ ,ni+ Nof more than thirty six (36) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area. Total density shall not exceed six (6) dwelling units per acre of buildable site area. A dwelling unit in amultiple-family building may include one attached accommodation unit no larger than one-third (1 /3) of the total floor area of the dwelling. Section 7. Section 12-6F-8A (Low Density Multiple-Family District, Density Control) of the Vail Town Code shall hereby be amended as follows: (Text which is to be deleted is indicated as str+slc~. Text which is to be added is indicated as bold italics.) A. Gross Residential Floor Area: d,^,°"~-~;,t- Not more than forty four (44) square feet of gross residential floor area (GRFA) shall be permitfed for each one hundred (100) square feet of buildable site area. Total density shall not exceed nine (9) dwelling units per acre of buildable site area. A dwelling unit in amultiple-family building may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. Section 8. Section 12-6G-8A (Medium Density Multiple-Family District, Density Control) of the Vail Town Code shall hereby be amended as follows: (Text which is to be deleted is indicated as sew. Text which is to be added is indicated as bold italics.) A (_`rnca R°cii-!°nfi~l Clnnr 4r°o: AIn4 mnr° 4h~n thirty fi~i° /Qr.\ crr~ i~rn f°of of nrncc rncirJ°nti~l flnnr nrn~ /f'_DCD\ c4-»II ho n°rmitt°rJ fnr °~r~h nn° ~E}n~TC~-(~'~~afe-~E~a-hvrv ci4° .~rno• nrn~~irl°r! hn~^i°~i°r ~hn} ~ ~ ~ fi^i°ntv fiv° /'~'~~.\ ~ni ~~r° f°°} of nrnae~ rncirln nti~l flnnr nrn~ (('`_R~4\ nor .Not more than fifty six (56) square feet of gross residential floor area (GRFA) shall be permitted for each one Ordinance No. 14, Series of 2004 ~ 7 hundred (100) square feet of buildable site area. Total density shall not exceed eighteen (18) dwelling units per acre of buildable site area. A dwelling unit in amultiple-family building may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. Section 9. Section 12-6H-8 (High Density Multiple-Family District, Density Control) of the Vail Town Code shall hereby be amended as follows: (Text which is to be deleted is indicated as s#fisker~. Text which is to be added is indicated as bold italics.) ~;s~isi~~seo+inn ~ ~ au ~ of +~ i~;m~ Not more Phan seventy six (76) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area. Total density shall not exceed twenty five (25) dwelling units per acre of buildable site area. Each accommodation unit shall be counted as one-half (1/2) of a dwelling unit for purposes of calculating allowable units per acre. A dwelling unit in amultiple-family building may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. Section 10. 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 stris#~e~. Text which is to be added is indicated as bold italics.) Use Parking Requirement If nrncc~ rocirlon+inl flnnr ~ro~ i~ nvor ~fl(1 cm i~ro foc} in~+n~2,~o-~'uurc°-feet~~~~6e~-per-~avc Ic.~iir^~~ ~+t Ordinance No. 14, Series of 2004 $ 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 unif'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: 7.5 spaces If a dwelling unit's gross residential floor area is more than 500 square, but less than 2,000 square feet: 2 spaces If a dwelling unit's gross residential floor area is 2,000 square feet or more: 2.5 spaces Section 11. 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 strislEen. Text which is to be added is indicated as bold italics.) EHU Additional GRFA Type I The EHU is entitled to an additional a99 550 sq. ft. Type II The EHU is entitled to an additional a99 550 sq. ft Section 12. 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 aoolication of aercentaoe) Ordinance No. 14, Series of 2004 9 Hillside Residential .43 of site <_10,000 sq. ft., plus None (HR) .25 of site area>10,000 and <_22,000 sq. ft., plus ' .07 of site area >22,000 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., plus (P/S) Residential .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 .36 of buildable area None (RC) Low Density Multiple .44 of buildable area None Family (LDMF) Medium Density .56 of buildable area None Multiple-Family (MDMF) High Density .76 of buildable area None Multiple-Family (HDMF) Housing (H) Per Planning and Environmental Commission None a royal 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) Ordinance No. 14, Series of 2004 Commercial Service .40 of buildable area None Center (CSC) (GRFA shall not exceed 50% of the total building floor area on an 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 sq. ft. None Open Space (A) Outdoor Recreation None permitted None (OR) . Parking (P) None permitted None General Use (GU) Per Planning and Environmental Commission None a royal 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 13. 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: c \ A. Within the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Ordinance No. 14, Series of 2004 11 Residential (R), and Two-Family Primary/Secondary Residential (PS), 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. 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 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 ma.y be included in the garage area deduction. 2. 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. 3. 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. 4. 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: (a) The area cannot be accessed directly from a habitable area within the same building level; and Ordinance No. 14, Series of 2004 ~ 2 (b) The area shall have only the minimum access required by the building code from the level below; and (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 shall not be improved with decking; and (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 floor area; 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. 5. 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. 6. Basements: on the lowest level of a structure, the total percentage of exterior wall surfaces unexposed and below existing or finished grade, vVhichever is more restrictive, shall be the percentage of the horizontal area of the lowest level deducted from the GRFA calculations. The percentage deduction calculations shall be rounded to nearest whole percent. The lowest level's exterior wall surface area shall be measured from the finished floor elevation of that level to the underside of the structural floor members of the floor/ceiling assembly above. For the purposes of these calculations, retaining walls and site walls shall not be considered part of the lowest level's exterior walls. 7. 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. 8. 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, Ordinance No. 14, Series of 2004 13 porch, terrace, patio, or similar feature or space, provided the opening is contiguous and fully open from floorto 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 more than one.dwelling unit exists within a single 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. 6. Greenhouse Windows: Greenhouse windows (self-supporting windows) shall not be counted as GRFA. "Greenhouse windows" are defined according to the following criteria: 1. DistanceAbove Inside Floor Level: In orderforawindowto 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 fourfeet (4') and the maximum width for a fourfoot (4') high Ordinance No. 14, Series of 2004 ~ 4, 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: 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 calculated as GRFA on two levels of a structure. B. Within the Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), and Housing (H) 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. 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: Ordinance No. 14, Series of 2004 1. 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. 15 (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. . (i) Common enclosed garages to accommodate.on- site parking requirements. _. 2. Enclosed garage areas, which are not common spaces, 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. This 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. 3. 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. 4. 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. 5. 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: (a) The area cannot be accessed directly from a habitable area within the same building level; and (b) The area shall have only the minimum access required by the building code from the level below; and (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 shall not be improved with decking; and (d) It must be demonstrated by the architect that a Ordinance No. 14, Series of 2004 16 "truss-type" or similar structural system cannot be utilized as defined in the definition of floor area; 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. 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. 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. 7. Basements: on the lowest level of a structure, the total percentage of exterior wall surfaces unexposed and below existing or finished grade, whichever is more restrictive, shall be the percentage of the horizontal area of the lowest level deducted from the GRFA calculations. The percentage deduction calculations shall be rounded to nearest whole percent. The lowest level's exterior wall surface area shall be measured from the finished floor elevation of that level to the underside of the structural floor members of the floor/ceiling assembly above. For the purposes of these calculations, retaining walls and site walls shall not be considered part of the lowest level's exterior walls. 8. 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. 9. 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. Ordinance No. 14, Series of 2004 17 10. 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. 2. Additional Calculation Provisions: a. Common Interior Party Walls: Where more than one dwelling unit exists within a single 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 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 si~(,feet (6') and eight feet (8') (approximately 32 square feet). Since the window would protrude no more than eighteen inches (18"), the addition of Ordinance No. 14, Series of 2004 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: 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 calculated as GRFA on two levels of a structure. C. Within all districts except the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary (P/S), Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), and Housing (H) 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. 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") apaJt. 3. crawlspaces accessible through an opening not greater Ordinance No. 14, Series of 2004 ~ g 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 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 Ordinance No. 14, Series of 2004 20 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- family and 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. ' 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. Ordinance No. 14, Series of 2004 2 ~ 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 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. c e. Crawl And Attic Space: . Ordinance No. 14, Series of 2004 22 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 14. 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 stris~. Text which is to be added is indicated as bold italics.) B. Applicability: Within all zone districts except the Single-Family Residential (SFR), Two-Family Residential. (R), and Two-Family Primary/Secondary Residential (PS) 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 Ordinance No. 14, Series of 2004 23 received final design review board approval prior to August 5, 1997. Section 15. 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 ~+~ 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 (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential (PS) 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 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. c `. 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 Ordinance No. 14, Series of 2004 24 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; orb) 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 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 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 ortwo-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 Ordinance No. 14, Series of 2004 Z5 section. D G. 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. 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 Ordinance No. 14, Series of 2004 26 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 ~. 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 cah 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 Ordinance No. 14, Series of 2004 27 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 16. 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) Please refer to Chapter 12-15, Gross Residential Floor Area, Vail Town Code for complete regulations. Section 17. Chapter 14-10-D (BUILDING MATERIALS AND DESIGN) 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.) 12. Building footings and foundations shall be designed in accordance with the minimum standards of the adopted building code. Footings and foundations shall also be designed to be responsive to the natural topography of the site, and shall be designed and constructed in such a manner as to minimize the necessary amount of excavation and site disturbance. Section 18. 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 Ordinance No. 14, Series of 2004 2$ 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 19. 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 20. 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 21. 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 1St 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. Ordinance No. 14, Series of 2004 29 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 c '~ Ordinance No. 14, Series of 2004 30 a B ORDINANCE NO. 14 Series of 2004 AN ORDINANCE AMENDING TITLE 12 (ZONING REGULATIONS), VAIL TOWN CODE, TO AMEND THE GROSS RESIDENTIAL FLOOR AREA (GRFA) REGULATIONS IN THE HILLSIDE RESIDENTIAL (HR), SINGLE-FAMILY RESIDENTIAL (SFR), TWO-FAMILY RESIDENTIAL (R), TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (PS), RESIDENTIAL CLUSTER (RC), LOW DENSITY MULTIPLE-FAMILY (LDMF), MEDIUM DENSITY MULTIPLE-FAMILY (MDMF), HIGH DENSITY MULTIPLE-FAMILY (HDMF), AND HOUSING (H) 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. 14, 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 ~+r Text which is to be added is indicated as bold italics.) BASEMENT; For the purposes of calculating gross residential floor area (GRFA): on the lowest level of a structure, the total percenfage of exterior wall surfaces unexposed and below existing or finished grade, whichever is more restrictive, shall be the percentage of the horizontal area of the lowest level deducted from the GRFA calculation. The percenfage deduction calculations shall be rounded to nearest whole percent. The lowest level's exterior wall surface area shall be measured from the finished floor elevation of that level to the underside of the structural floor members of the floor/ceiling assembly above. For the purposes of these calculations, retaining walls and site walls shall not be considered part of the lowest level's exterior walls. FLOOR AREA, GROSS RESIDENTIAL (GRFA): Thy +„+-,i cni ~~ro fnn+'+no n{ ..n io„oi~ of •~ , rhoo+rnnV nl~cfor r+nrl n+hnr ~,.,.,,~.,r ,.,.,~~ .~.,,..hn..~ Refer to chapter 15 of this title for GRFA definitions, regulations, and requirements for GRFA calculations. 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. Forthe 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 12-6A-8B (Hillside Residential District, Density Control) of the Vail Town Code shall hereby be amended as follows: Ordinance No. 14, Series of 2004 2 (Text which is to be deleted is indicated as r+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: ~+ T\A/ono\/ /'1 r1\ crn ~nrfl foo} of nrncc rocirlon4inl {Innr nro~ //~'_L7CA\ {nr e~+nh nno hi ~nrJrn r• /~4 rl/1\ cni ~~rn fno} n{ 4hc Fire fieion4v nnc 4hni ~ ~+nrl coven hi mr•rcrl cinhfi~ /'7'I 7Qn\ cn~ inrc {004 n{ ci4e nrcn• ^^II''''cc e ~ T~ h Ci~io /C.\ cn~ inro {004 n{ nrncc rocir~on4iol flnnr Oran /(_[7C4\ {nr onr•h nno hi ~nrlrorl /'I rlll\ cn~ inro {oe4 n{ ci4e oron near finio n4v nno 4h.>~ ~c~+nrJ cn~inn hi ~ni-7ror~ einh4~i /71 7Qr\\ cn~ tnro {ono t a. Not more than forty three (43) 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. Twenty hve (25) 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 twenty two thousand (22,000) square feet of site area; plus c. Seven (7) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of twenty two Thousand (22,000) square feet. 3. On any site containing two (2) dwelling units, one of the units shall not exceed one thousand two hundred (1,200) square feet of gross residential floor area (GRFA). This unit shall not be subdivided or sold separately from the main dwelling unit. This unit may be integrated into the main dwelling unit or may be integrated within a garage structure serving the main unit, but shall not be a separate freestanding structure. Section 3. Section 12-6B-8B (Single-Family Residential District, Density Control) of the Vail Town Code shall hereby be amended as follows: Ordinance No. 14, Series of 2004 3 (Text which is to be deleted is indicated as mfr 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: n T~eicnfv fide /'~~+\ cni ~nre feof of nrncc rflcirlnnfinl flnnr nre'+ /f~C?G~\ fnr c'+rF~ nno h~ ini-lrnrl /~ nn1 cn~ i~ro foo# of ~{~e firc# f~eiclve fhn~ ic'+nrf fivo hi ~nr7rorl /1'~ ~nn\ cni inra foot of oifo nron• nli ic. e ~ h Ton /1 n\ cn~~nro foof of nrncc rncirfonfi~l flnnr ~ro~ /r_`C?CD\ fnr o~nh r~no hi ~nrlrorf /4 nn\ cn~ i~ro foof of cifn nrnn nvor h~iol~io V fhni is nnr-1 fi~io Fii ~nrlrn rl /1 7 C.nm cn~ ~nrc fnnf e a. Not more than forty (40) square feet of gross residential floor area (GRFA) for each one hundred (100) square feef 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 often 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 4. 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 mfr 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: ~ T~eio nfii fivo /7~.\ cn~ ~~ro foof of nrncc rocirlanfi~I flnnr nron Ordinance No. 14, Series of 2004 ,4 /(_[7C4\ fnr cnn!-~ nno hi ~nrlror! /'I nn1 one iota foo+ of +ho fire} fif4non +hn~ ic.+nr! /1 L". nnn\ cn~ into fn n+ of ci+o ~rnn• nl~ is h Ten /') n\ ~n~ ~.+rn fon+ of nrnoo rncirlon+inl flnnr Wren /(~R~4\ fnr onnh nne h~ inr7re r! /1 nn1 e~n~ ~~re foo+ of ~i+o ~rc~ nver fifFnan }hrn ~cnnrJ /4 ~. nnn\ cn~ i~rn foo+ nn+ +n ovnooi-7 +hir+v +hni ionnr~ ~ r /~zn nnm cn~ ~nrc foot of ci+o nron• nh ~c n ~ivc /t".\ n~ i~+ro foo} of nrn~c rocirlon+inl flnnr nrc~+ /r_1~C~1 fnr o~+nh nno h~ inrlrer! /1 nn1 cn~ Coro fca+ of of+o ~ro~ in ovnocc of +hir+v a. Not more than forty six (46) square feef of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten Thousand (10,000) square feet ofsite area; plus b. Thirty eight (38) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet ofsite area over ten thousand (1 D,000) square feet, not exceeding fifteen thousand (15,000) square feef ofsite 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 feef. 7 In nrl rl i+inn +n +ho ~hnvo fns it h~ mr7rc r7 +~eic n+~i five //I'~~.1 cni ~~rc foo+ of ~. , Section 5. 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 stfiskea. 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: n Tininn+~i fivo /7~.\ cn~ into fno} of nrncc rncirlon+iol flnnr~nrnn Ordinance No. 14, Series of 2004 cJ /('_DC4\ fnr onnh nnc hi m,-~ro ra /1 nM c~n~ ~nrn fo^+ of +hn firc+ ff+onn i ~ h Ton /1 n\ cn~~n rc fcc+ of nrncc rncir~o n}inI floor nron /(`_DC~\ fnr enr•h ono hi ~nr+roA /'1 nr\\ crn lore f^o+ of ci+^ nron n"or fif+nnn +hn~ ~cnnr4 /'1 ~. nnn\ cn~ ~nro foo+ nn+ +n ovncorl +hir+v +hn~ ~cnnr+ f e /~n nnrn cm ~nro foo+ of ci+o nron• nh ~e 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 (15,0.00) 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. 7 In nr+r+i+~ n +hn nhnvn fni ~r hi ~nr~ronl he,^n+v fi"o /i17L.\ cni into fr. r.+ ..f z~r, acraTCl ~r~tv-crrczr , nrncc rncir~lon}inI floor nron /(_DC~\ chn~~ ho nnrmi++or+ for onrh n~lnu,nh~o Section 6. Section 12-6E-8A (Residential Cluster District, Density Control) of the Vail Town Code shall hereby be amended as follows: (Text which is to be deleted is indicated as striskee. Text which is to be added is indicated as bold italics.) A. Gross Residential Floor Area: ^~^+ rr,nro +hnn +,.,on+„ fi.,n /~~\ c~ni into foo+ of nrncc r^cir+nn+inl floor nron /('_DC4\ chnll ho normi++n r+ for ^nnh ono handr~d-,;1-9~;-cnTO f F+i ~ilrlnhlo ~ty~n~ca~ nrn„irlorl hn~e,~~~+,r~t /77C,\ nn~ into foo+ of nrncc rocirJon+inl floor nron /(_D~A\ nor tone}n ~r•+or• Ordinance No. 14, Series of 2004 6 .Not more Phan forty (40) square feet of gross residential floor area (GRFA) shall be permitfed for each one hundred (100) square feet of buildable sife area, Total density shall not exceed six (6) dwelling units per acre of buildable site area. A dwelling unit in amultiple-family building may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. Section 7. Section 12-6F-8A (Low Density Multiple-Family District, Density Control) of the Vail Town Code shall hereby be amended as follows: (Text which is to be deleted is indicated as st~+sker+. Text which is to be added is indicated as bold italics.) A. Gross Residential Floor Area: nl^+ mnrn 4h~n +hirF„ /urn cn~ porn foo} of nrncc rociraonfi~l flnnr nron /(_DC4\ chill ho normi~forJ fnr o~nh nno > > i /`)7L.\ cm~^+ro fno4 of nrncc reoirlonFinl flnnr nron /r_DD4\ riot rnncfn~nForl . Not more than fifty (50) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area, Total density shall not exceed nine (9) dwelling units per acre of buildable site area. A dwelling unit in amultiple-family building may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. Section 8. Section 12-6G-8A (Medium Density Multiple-Family 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.) A (nrncc Docir7onfi~+1 Dlnnr 4rnn: Alnf mnrn 4hnn 4hirFv fivn /4G\ cni ~nro foo4 of nrncc rocir~on4inl flnnr ~+rn ^+ /r`DC4\ chnll hn nnrmi+4alJ fnr onnh nno ~ + e t~lonci4v rocirdon~inl rlic4rinf chill ho on4i41orl 4n ~n ~rlrli}innol finin hi ini-lror7 }~nionfv fivo /77C.\ cni i~ro food of nrncc rocii-lonti~l flnnr ~ro~ /rDG41 nor c; ~ .Not more than seventy (70) square feet of gross residential floor area (GRFA) shall be permitted for each one Ordinance No. 14, Series of 2004 7 hundred (900) square feet of buildable site area. Total density shall not exceed eighteen (18) dwelling units per acre of buildable site area. A dwelling unit in amultiple-family building may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. Section 9. Section 12-6H-8 (High Density Multiple-Family 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.) ico lic+orl in cor+inn 'I'~_RI-I_Q of +hic ~;+i,.le. Not more than ninety five (95) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (900) square feet of buildable site area. Total density shall not exceed twenty five (25) dwelling units per acre of buildable site area. Each accommodation unit shall be counted as one-half (1/2) of a dwelling unit for purposes of calculating allowable units per acre. A dwelling unit in amultiple-family building may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. Section 10. 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 ~+r Text which is to be added is indicated as bold italics.) Use Parking Requirement If nrnc~~e~n~rnoon/ir~en+inl fsslnnr ~ro~ is n~ior ~.nn cn~ i~ro feo+ uP +~L`-'t7tlt7--teeT~sp ~° r~vc°.~pnr~ ~ ~ ~ n i+ If nrncc~ roaiAon+i~l flnnr ~roo is 7 nnn cn~ i~ro foo+ nr mer°: '~ ~. ~^no rcc nor rl~eiollinn i mi+ Ordinance No. 14, Series of 2004 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 floot 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 feef: 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: 7.5 spaces if a dwelling unit's gross residential floor area is more than 500 square, but less than 2,000 square feet: 2 spaces If a dwelling unit's gross residential floor area is 2,000 square feet or more: 2.5 spaces Section 11. 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 r+~ Text which is to be added is indicated as bold italics.) EHU Additional GRF, Type I The EHU is entitled to an additional 599 550 sq. ft. Type II The EHU is entitled to an additional .598 550 sq. ft Section 12. 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 a lication of ercenta e Ordinance No. 14, Series of 2004 9 Hillside Residential .43 of site <_10,000 sq. ft., plus None (HR) .25 of site area>10,000 and <_22,000 sq. ft., plus .07 of site area >22,000 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., plus (P/S) Residential .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 .40 of buildable area None (RC) Low Density Multiple . 50 of buildable area None Family (LDMF) Medium Density . 70 of buildable area None Multiple-Family (MDMF) High Density . 95 of buildable area None Multiple-Family (HDMF) Housing (H) Per Planning and Environmental Commission None a royal 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 Norte (CC3) ,~ Ordinance No. 14, Series of 2004 ~ Q Commercial Service .40 of buildable area None Center (CSC) (GRFA shall not exceed 50% of the total building floor area on an 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 sq. ft. None Open Space (A) Outdoor Recreation None permitted None (OR) Parking (P) None permitted None General Use (GU) Per Planning and Environmental Commission None a royal 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 13. 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: ( r A. Within the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Ordinance No. 14, Series of 2004 11 Residential (R), and Two-Family Primary/Secondary Residential (PS), 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 #orth herein shall then be deducted from the calculation of GRFA: a. 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 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. 2. 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. 3. 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. 4. 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: (a) The area cannot be accessed directly from a habitable area within the same building level; and Ordinance No. 14, Series of 2004 ~ 2 (b) The area shall have only the minimum access required by the building code from the level below; and (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 shall not be improved with decking; and (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 floor area; 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. 5. 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. 6. Basements: on the lowest level of a structure, the total percentage of exterior wall surfaces unexposed and below existing or finished grade, whichever is more restrictive, shall be the percentage of the horizontal area of the lowest level deducted from the GRFA calculations. The percentage deduction calculations shall be rounded to nearest whole percent. The lowest level's exterior wall surface area shall be measured from the finished floor elevation of that level to the underside of the structural floor members of the floor/ceiling assembly above. For the purposes of these calculations, retaining walls and site walls shall not be considered part of the lowest level's exterior walls. 7. 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. 8. 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, Ordinance No. 14, Series of 2004 13 porch, terrace, patio, or similar feature or space, provided the opening is contiguous and fully open from floorto 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 more than one dwelling unit exists within a single 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 orderfor a windowto 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 Ordinance No. 14, Series of 2004 14 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: 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 calculated as GRFA on two levels of a structure. B. Within the Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), and Housing (H) 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. 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: c Ordinance No. 14, Series of 2004 1. 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. 15 (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. (i) Common enclosed garages to accommodate on- site parking requirements. 2. Enclosed garage areas, which. are not common spaces, of up to three hundred (300) square feet per vehicle space not exceedirig a maximum of two (2) vehicle parking spaces for each allowable dwelling unit permitted by this title. This 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. 3. 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. 4. 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. 5. 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: (a) The area cannot be accessed directly from a habitable area within the same building level; and (b) The area shall have only the minimum access required by the. building code from the level below; and (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 shall not be improved with decking; and (d) It must be demonstrated by the architect that a Ordinance No. 14, Series of 2004 ~ 6 "truss-type" or similar structural system cannot be utilized as defined in the definition of floor area; 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. 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. 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. 7. Basements: on the lowest level of a structure, the total percentage of exterior wall surfaces unexposed and below existing or finished grade, whichever is more restrictive, shall be the percentage of the horizontal area of the lowest level deducted from the GRFA calculations. The percentage deduction calculations shall be rounded to nearest whole percent. The lowest level's exterior wall surface area shall be measured from the finished floor elevation of that level to the underside of the structural floor members of the floor/ceiling assembly above. For the purposes of these calculations, retaining walls and site walls shall not be considered part of the lowest level's exterior walls. 8. 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. 9. 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 similarfeature 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. Ordinance No. 14, Series of 2004 ~ 7 10. 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. 2. Additional Calculation Provisions: a. Common Interior Party Walls: Where more than one dwelling unit exists within a single 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 orderfor a windowto 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 feed (6') and eight feet (8') (approximately 32 square feet). Since the window would protrude no more than eighteen inches (18"), the addition of Ordinance No. 14, Series of 2004 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: 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 calculated as GRFA on two levels of a structure. C. Within all districts except the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary (P/S), Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), and Housing (H) 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. 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 Ordinance No. 14, Series of 2004 ~ 9 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 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. c 5. Attic space with a ceiling height of five feet (5') or less, as measured from the top side of the structural members of Ordinance No. 14, Series of 2004 20 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 wails are included in GRFA calculations. For two- family and 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. 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. Ordinance No. 14, Series of 2004 21 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 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: ~~ Ordinance No. 14, Series of 2004 22 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. tf 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 14. Subsection 12-15-46 (INTERIOR CONVERSIONS) of the Vail Town Code shall hereby be amended as follows: (Text which is to be. deleted is indicated as striske~t. Text which is to be added is indicated as bold italics.) B. Applicability: Within all zone districts except the Hillside Residential (HR), Single- Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), and Housing (H) 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. Ordinance No. 14, Series of 2004 23 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 15. 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 strislFer~. 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 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 Phis section shall apply to dwelling units in all zone districts except the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), and Housing (H) 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 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 ortwo-family dwelling unit was issued a certificate of occupancy (whether temporary or final) or, in the Ordinance No. 14, Series of 2004 24 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 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 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. Ordinance No. 14, Series of 2004 25 8. Demo/Rebuild Not Eligible: Any single-family ortwo-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 S-. 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. 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. Ordinance No. 14, Series of 2004 26 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 ~. Procedure: 1. Application; Content: Application shall be made on forms provided by the department of community development. If the property is owned in common (condominium association) or jointly with other property owners such as driveways or C parcels in duplex subdivisions, by way of example and not limitation, the written approval of the other property owner, owners or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. The application shall also include: a. A fee pursuant to the current schedule shall be required with the application. b. Information and plans as set forth and required by subsection 12-11-4C of this title. c. Any other applicable information required by the department of community development to satisfy the criteria outlined in this section. 2. Hearing Set; Notice: Upon receipt of a completed application for additional GRFA, the design review board shall set a date for a hearing in accordance with subsection 12-11-4C2 of this title. The hearing shall be conducted in accordance with subsections 12-11-4C2 and C3 of this title. 3. Compliance 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: Ordinance No. 14, Series of 2004 _ 27 a. Application for GRFA additions which involve no change tb 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 16. 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) Please refer to Chapter 12-15, Gross Residential Floor Area, Vail Town Code for complete regulations. Section 17. Chapter 14-10-D (BUILDING MATERIALS AND DESIGN) of the Vail Town Code shall hereby be amended as follows: (Text which is to be deleted is indicated as str~sl~en. Text which is to be added is indicated as bold italics.) 12. Building footings and foundations shall be designed in accordance with the minimum standards of the adopted building code. Footings and foundations shall also be designed to be responsive fo the natural topography of the side, and shall be designed and constructed in such a manner as to minimize~the necessary amount of excavafion and site disturbance. Ordinance No. 14, Series of 2004 2$ Section 18. 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 19. 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 20. 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 21. 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 1St day of June, 2004 and a public Ordinance No. 14, Series of 2004 29 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. 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. 14, Series of 2004 30