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.
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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
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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
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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
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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
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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
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(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.
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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
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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
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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