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HomeMy WebLinkAbout2011-0613 PECPLANNING AND ENVIRONMENTAL COMMISSION June 13, 2011 O1:OOpm TOM TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT SITE VISITS 1. Creek View Residence — 303 Gore Creek Drive, Unit 6A 2. Vail Fine Wines — 196 Gore Creek Drive, Unit 164 3. Lodge at Vail — 174 East Gore Creek Drive 4. Village Center Condominiums — 124 Willow Bridge Road 5. Safeway Sotres — 2131 North Frontage Road 6. TOV Bike Path — 825 West Forest Road 20 minutes 1. A request for the review of a variance from Section 12 -61-1-6, Setbacks, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for an addition within the side setback, located at 303 Gore Creek Drive, Unit 6A (Vail Townhouse Condominiums) /Lot 6, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110033) Applicant: Creek View LLC, represented by KH Webb Architects Planner: Bill Gibson ACTION: MOTION: SECOND: VOTE: 20 minutes 2. A request for the review of a conditional use permit, pursuant to Section 12 -713-3, Conditional Uses, Vail Town Code, to allow for a liquor store, located at 196 Gore Creek Drive Unit 164 (Lodge at Vail) /Lots ABC, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110032) Applicant: Vail Fine Wines, represented by Allan Dibben Planner: Rachel Dimond ACTION: MOTION: SECOND: VOTE: 20 minutes 3. A request for the review of an exterior alteration, pursuant to Section 12 -7C -5, Exterior Alterations or Modifications, Vail Town Code, and a setback variance from Section 12 -7C -8, Setbacks, Vail Town Code, pursuant to Section 12 -17, Variances, Vail Town Code, to allow for the addition of an elevator and associated equipment to an existing building within the setback, located at 124 Willow Bridge Road (Building A, Village Center Condominiums)/ Lot K, Block 5E, Vail Village Filing 1, and setting details in regards thereto. (PEC110025, PEC110035) Applicant: Village Center Condominium Assoc., represented by K.H. Webb Architects Planner: Rachel Dimond ACTION: MOTION: SECOND: VOTE: Page 1 20 minutes 4. A request for the review of a conditional use permit, pursuant to Section 12 -7E -4, Conditional Uses, Vail Town Code, to allow for the construction of "any use permitted by Section 12 -7E -3 of this article, which is not conducted entirely within a building ", located at 2131 North Frontage Road (Safeway)/ Lot 3, Vail Das Schone Filing 3, to allow for the installation of one exterior low pressure gas cylinder display cage, and setting forth details in regard thereto. (PEC110027) Applicant: Safeway Stores 46, Inc. Planner: Rachel Dimond ACTION: MOTION: SECOND: VOTE: 20 minutes 5. A request for the review of a conditional use permit, pursuant to Section 12 -8C -3, Conditional Uses, Vail Town Code, to allow for the construction of "paved and unpaved, non - motorized, bicycle paths and pedestrians ways" (i.e. steps), located at Part of Tract B, Vail Lionshead Filing 3, generally located on the north bank of Gore Creek east of the West Forest Road bridge, and setting forth details in regard thereto. (PEC110029) Applicant: Town of Vail, represented by Gregg Barrie Planner: Bill Gibson ACTION: MOTION: SECOND: VOTE: 30 minutes 6. A request for the review of a minor exterior alteration, pursuant to section 12 -713-7, Exterior Alterations or Modifications, Vail Town Code, to allow for changes to an existing outdoor dining deck, located at 174 East Gore Creek Drive (Lodge at Vail) /Lots A, B, and C, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110031) Applicant: Lodge Properties, represented by Mauriello Planning Group Planner: Rachel Dimond ACTION: MOTION: SECOND: VOTE: 35 minutes 7. A request for the review of an appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Administrator's interpretation of Chapter 12 -15, Gross Residential Floor Area (GRFA), Vail Town Code, related to the calculation of gross residential floor area on the lowest level of a structure that contains a garage, and setting forth details in regard thereto. Applicant: Kathy Langenwalter, Peel / Langenwalter Architects Planner: Bill Gibson ACTION: MOTION: SECOND: VOTE: 5 minutes 8. A request for a final recommendation to the Vail Town Council for prescribed regulations amendments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to provide regulations that will implement sustainable building and planning standards, and setting forth details in regard thereto. (PEC090028) Applicant: Town of Vail Planner: Rachel Dimond ACTION: Table to July 25, 2011 MOTION: SECOND: VOTE: Page 2 5 minutes 9. A request for a recommendation to the Vail Town Council for prescribed regulations amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for corrections to Section 12 -6F -3, Conditional Uses, Vail Town Code, to allow communications antennas and appurtenant equipment as a conditional use in the Low Density Multiple Family Districts; and for prescribed regulations amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for corrections to Section 12 -6E -2, Permitted Uses; Section 12 -6F -2, Permitted Uses; Section 12 -6G -2, Permitted Uses; and Section 12 -13 -4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, to allow Type III Employee Housing Units (EHUs) as a permitted use in the Residential Cluster (RC), Low Density Multiple Family (LDMF), and Medium Density Multiple Family (MDMF) Districts, and setting forth details in regard thereto. (PEC110023) Applicant: Town of Vail Planner: Rachel Dimond ACTION: Table to July 11, 2011 MOTION: SECOND: VOTE: 5 minutes 10. A request for a recommendation to the Vail Town Council for prescribed regulations amendments, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to Sections 11 -7 -15, Public Parking and Loading Signs for Private Property, Vail Town Code, and 11 -7 -16, Informational and Directional Sign for Public Parking on Private Property, Vail Town Code, and setting forth details in regard thereto. (PEC110021) Applicant: Town of Vail Planner: Bill Gibson ACTION: Table to July 25, 2011 MOTION: SECOND: VOTE: 11. Approval of May 23, 2011 minutes MOTION: SECOND: VOTE: 12. Information Update 13. Adjournment MOTION: SECOND: VOTE: 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 10, 2011, in the Vail Daily. Page 3 TOWN OF TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 13, 2011 Memorandum SUBJECT: A request for the review of a variance from Section 12 -6H -6, Setbacks, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for an addition within the side setback, located at 303 Gore Creek Drive, Unit 6A (Vail Townhouse Condominiums) /Lot 6, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110033) Applicant: Creek View LLC, represented by KH Webb Architects Planner: Bill Gibson I. SUMMARY The applicant, Creek View LLC, represented by KH Webb Architects, is requesting a variance from the minimum setback requirements of the High Density Multiple - Family District. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with a condition, of this application subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Creek View LLC, represented by KH Webb Architects, is proposing renovations to Unit 6A, Vail Townhouse Condominiums including the construction of a 26 square foot first floor addition on the southeast corner (front, east side) of the existing dwelling unit to accommodate the installation of a new interior stair landing. The applicant is requesting a variance from the minimum setback requirements of the High Density Multiple - Family District to facilitate the construction of this element of the proposed renovation. Unit 6A is the eastern most unit of the Vail Townhouse Condominiums and the proposed first floor addition is located zero feet (0') from the eastern property boundary. This existing eastern property boundary separates the subject Vail Townhouse Condominiums from the abutting Unit 7, Vail Rowhouses. A vicinity map (Attachment A), the applicant's request (Attachment B), and photographs (Attachment C) have all been attached for review. III. BACKGROUND In 1963, the Vail Townhouse Condominiums and the Vail Rowhouses were originally constructed as a townhouse style residential development. This original development consisted of thirteen lots (Lots 1 -13) with the townhouse structures on some lots divided into multiple dwelling units. Despite being constructed as a townhouse style development, these thirteen lots were originally subdivided under Eagle County jurisdiction as individual development sites rather than as a collective multiple - family development. In 1964, Lots 1 -6 of this original townhouse development were re- subdivided as the Vail Townhouse Condominiums. Since the approval of that condominium map, Lots 1 -6 have been treaty as a single, collective development site for zoning purposes. However, for zoning purposes, Lots 7 -13 (Vail Rowhouses) are still treated as individual development sites today. In 1966, the subject Vail Townhouse Condominiums were including in the original incorporation of the Town of Vail. The Vail Townhouse Condominiums are zoned High Density Multiple - Family District. The Vail Townhouse Condominiums are legally non - conforming in regard to several development standards of the Vail Town Code including density controls, setbacks, parking, etc. The eastern units of the Vail Townhouse Condominiums (Unit 6A & 613) have an existing zero foot (0') setback from the abutting Unit 7, Vail Rowhouses due to the original townhouse style construction of these properties and the original lot line configuration approved under Eagle County jurisdiction. Due to the numerous existing legal non - conformities of the Vail Townhouse Condominiums (Lots 1 -6) and the abutting Vail Rowhouses (Lots 7 -13), the Town of Vail Planning and Environmental Commission has reviewed numerous variance requests for these properties including the following: Units 2A & 213: Setback variances approved in 2000 and 2002 Unit 213: Density control variance denied in 1979 Unit 613: Setback variance approved in 1987 Lot 7: Setback variances approved in March and September 2004 Lot 8: Density control variances denied in 1984 and 1999 Setback variance approved in 1984 Setback variance approved in 2004 Lot 9: Setback variances approved in 1990 Lot 11: Density control and setback variances approved in 1984 Town of Vail Page 2 Lot 12: Density control and setback variances denied in 1984 Density control and setback variances approved in 1985 Lot 13: Setback variances approved in 1981 and 1993 The Planning and Environmental Commission has previously approved similar side setback variances for both the western and eastern end units of the Vail Townhouse Condominiums (Units 2A, 2B, and 6B) IV. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Village Master Plan and the Vail Town Code are relevant to the review of this proposal: Vail Village Master Plan Chapter V: GOALS, OBJECTIVES, POLICIES AND ACTION STEPS (in part) Goal #1 Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Objective 1.4: Recognize the "historic" importance of the architecture, structures, landmarks, plazas and features in preserving the character of Vail Village. Chapter VII: VILLAGE SUB -AREAS (in part) East Gore Creek Sub -Area ( #6) A number of the earliest projects developed in Vail are located in the East Gore Creek Sub -Area. Development in this area is exclusively multi - family condominium projects with a very limited amount of support commercial. Surface parking is found at each site, which creates a very dominant visual impression of the sub -area. While the level of development in East Gore Creek is generally greater than that allowed under existing zoning, this area has the potential to absorb density without compromising the character of the Village. This development could be accommodated by partial infill of existing parking areas balanced by greenspace additions or through increasing the height of existing buildings (generally one story over existing heights). In order to maintain the architectural continuity of projects, additional density should be considered only in conjunction with the comprehensive redevelopment of projects. Clearly, one of the main objectives to consider in the redevelopment of any property should be to improve existing parking facilities. This includes satisfying parking demands for existing and additional development, as well as design considerations relative to redevelopment proposals. The opportunity to introduce below grade Town of Vail Page 3 structured parking will greatly improve pedestrianization and landscape features in this area. This should be considered a goal of any redevelopment proposal in this sub -area. Development or redevelopment of this sub -area will attract additional traffic and population into this area and may have significant impacts upon portions of Sub -Areas 7 and 10. Zoning Regulations (Title 12) Article 12 -6H: HIGH DENSITY MULTIPLE - FAMILY DISTRICT (in part) 12 -6H -1: PURPOSE: The high density multiple- family district is intended to provide sites for multiple- family dwellings at densities to a maximum of twenty five (25) dwelling units per acre, together with such public and semipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropriately be located in the same zone district. The high density multiple- family district is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. 12 -6H -6: SETBACKS: The minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet (20). Chapter 12 -17: VARIANCES (in part) 12 -17 -1: Purpose: A. Reasons for Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. V. SITE ANALYSIS Address: 303 Gore Creek Drive Legal Description: Lots 1 -6, Block 5, Vail Village Filing 1 (Vail Townhouse Condominiums) Zoning: High Density Multiple - Family District (HDMF) Town of Vail Page 4 Land Use Designation Geological Hazards: Lot Area: Development Standard GRFA (max): Site Coverage (max) Landscape Area (min) Setbacks (min) Village Master Plan None 16,220 sq.ft. /0.372 acres Allowed /Required Existin Proposed 250 Addition and 217 sq.ft. of 250 243 sq.ft. of 250 Interior Conversion 8,921 sq.ft. (55 %) 7,266 sq.ft.(45 %) 7,292 sq.ft.(45 %) 4,866 sq.ft.(30 %) 6,035 sq.ft.(37 %) 6,009 sq.ft.(37 %) 20 ft. front 20 ft. rear 20 ft. west side 20 ft. east side 23 ft. front 7 ft. rear 15 ft. west side 0 ft. east side no change no change no change 0 ft. east side VI. SURROUNDING LAND USES AND ZONING VII. REVIEW CRITERIA The review criteria for a request of this nature are established by Chapter 12 -17, Variances, Vail Town Code. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. As identified in Section III of this memorandum, the subject Unit 6A of the Vail Townhouse Condominiums has an existing zero foot (0') setback from the abutting Unit 7, Vail Rowhouses due to the original townhouse style construction of these properties and the original lot line configuration approved under Eagle County jurisdiction. The applicant is proposing an addition that matches this existing zero foot (0') setback. Staff does not believe this proposal will negatively affect the existing or potential uses and structures in the vicinity in comparison to the existing conditions. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Town of Vail Page 5 Land Use Zoninq North: Stream Tract Outdoor Recreation District South: Mixed Use Commercial Core 1 District West: Stream Tract Outdoor Recreation District East: Residential High Density Multiple - Family District VII. REVIEW CRITERIA The review criteria for a request of this nature are established by Chapter 12 -17, Variances, Vail Town Code. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. As identified in Section III of this memorandum, the subject Unit 6A of the Vail Townhouse Condominiums has an existing zero foot (0') setback from the abutting Unit 7, Vail Rowhouses due to the original townhouse style construction of these properties and the original lot line configuration approved under Eagle County jurisdiction. The applicant is proposing an addition that matches this existing zero foot (0') setback. Staff does not believe this proposal will negatively affect the existing or potential uses and structures in the vicinity in comparison to the existing conditions. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Town of Vail Page 5 The subject Unit 6A is located on the eastern end of the Vail Townhouse Condominiums and is subject to the 20 foot side setback requirement of the High Density Multiple - Family District. However, the subject Unit 6A is only 26 feet wide. So unlike the dwelling units interior to the Vail Townhouse Condominiums, few additions can be constructed on the subject property without a side setback variance. The Planning and Environmental Commission has granted previous side setback variances to several dwelling units in the Vail Townhouse Condominiums and the abutting Vail Rowhouses due to the unique circumstances associated with these properties. Therefore, Staff believes the applicant is requesting relief from the strict and literal interpretation and enforcement of the setback regulations necessary to achieve compatibility and uniformity of treatment among other dwelling units in the Vail Townhouse Condominiums and other dwelling units in the High Density Multiple - Family District and to attain the objectives of the Town's development objectives without a grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff does not believe approval of this variance will have a significant negative effect on light and air, distribution of population, transportation and traffic utilities, public facilities and utilities or pubic safety in comparison to existing conditions. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. In 1987, the Planning and Environmental Commission approved a similar side setback variance for Unit 6B to allow for renovations to the rear (north) entry. VIII. RECOMMENDATION The Community Development Department recommends approval, with a condition, of this request for a variance from Section 12 -6H -6, Setbacks, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for an addition within the side setback, located at 303 Gore Creek Drive, Unit 6A (Vail Townhouse Condominiums) /Lot 6, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicant's request for variance from Section 12 -6H -6, Setbacks, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for an addition within the Town of Vail Page 6 side setback, located at 303 Gore Creek Drive, Unit 6A (Vail Townhouse Condominiums) /Lot 6, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to approve these variance requests, the Community Development Department recommends the Commission impose the following condition: "1. This variance approval is contingent upon the applicant obtaining Town of Vail approval of the associated design review application. " Should the Planning and Environmental Commission choose to approve these variance requests, the Community Development Department recommends the Commission makes the following findings: " "Based upon the review of the criteria outlined in Section Vll of the Staff memorandum to the Planning and Environmental Commission dated June 13, 2011, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the High Density Multiple- Family District. 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. This variance is warranted for the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the High Density Multiple- Family District. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the High Density Multiple- Family District. " IX. ATTACHMENTS A. Vicinity Map B. Architectural Plans C. Photographs Town of Vail Page 7 0 0 2 Vail Village Filing 1, Block 5, Lot 6A (303 Gore Creek Drive - Vail Townhouse Condominiums, Unit 6A) P w 0 3 m cQ m ., Feet e 0 50 100 200 Last Modified May 18, 2011 TWbFy)d 7 w (1) 0 T c Q) ,ij :* Em M x455. X'Aisbaam M%+ m v 0 V MW*wm w WAD W Pl 5 (1) LL EM �i EA AE Qv MW MMIM MON mm� vm� r4m C-A q q Town of Vail Page 12 y INIMAII Y6% :Y9 PRTYY A P Q M'v MIR F;N 9 RA ag says NYYh (1) M, zo IV (1) ■ _em __» Maw IN Tal __,_w ISROMNA61 INA 11019 Town of Vail Page 15 TOC Im IE��- - Ar--- F; gn NZ Mm mii EEW }| \| (1) ■ Rkwum IMMIX& vum'm MUCOMMUL ma 3374) SWINIMI.Sw M"MMOI INA " Lm N 3 a I s I I C-4 Town of Vail Page 17 Attachment D Town of Vail Page 18 TOWN OF VAIL � To: Planning and Environmental Commission From: Community Development Department Date: June 13, 2011 Memorandum Subject: A request for the review of a conditional use permit, pursuant to Section 12 -7B -3, Conditional Uses, Vail Town Code, to allow for a liquor store, located at 196 Gore Creek Drive Unit 164 (Lodge at Vail) /Lots ABC, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110032) Applicant: Vail Fine Wines, represented by Allan Dibben Planner: Rachel Dimond I. SUMMARY The applicant, Vail Fine Wines, is requesting a conditional use permit for a liquor store at 196 Gore Creek Drive, Unit 164. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of this application subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Vail Fine Wines, is proposing to open a liquor store in the former Betteridge Jewelry space in the Lodge Promenade, locate at 196 Gore Creek Drive, Unit 164. The business formerly operated as Beaver Creek Fine Wines and would like to relocate to Vail Village. The commercial space is approximately 986 square feet in size. The proposal does not include any changes to the exterior of the building, except a change of signage for the new business, which is part of a separate design review application. A vicinity map (Attachment A) and the applicant's request (Attachment B) have been attached for review. III. BACKGROUND Liquor stores have been a conditional use permit in the Commercial Core 1 District since the inception of the Town of Vail Zoning Regulations in 1973. IV. APPLICABLE PLANNING DOCUMENTS Title 12, Zoning Regulations, Vail Town Code (in part) ARTICLE 12 -713. COMMERCIAL CORE 1 (CC1) DISTRICT 12 -7B -1: PURPOSE: VA The commercial core 1 district is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The commercial core 1 district is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The zoning regulations in accordance with the Vail Village urban design guide plan and design considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the village. CHAPTER 12 -16: CONDITIONAL USES PERMITS (in part) Section 12 -16 -1: Purpose, Limitations: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. SUBJECT PROPERTY Zoning: Commercial Core 1 District Land Use Plan Designation: Village Master Plan Current Land Use: Mixed Use Geologic Hazards: None Address: 196 Gore Creek Drive, Unit 164 Legal Description: Lots ABC, Block 5C, Vail Village Filing 1 VI. SURROUNDING LAND USES AND ZONING Town of Vail Zone District Commercial Core 1 Commercial Core 1 Commercial Core 1 High Density Multiple Family Page 2 Land Use North Mixed Use South Mixed Use East Mixed Use West Multi - Family Residential Town of Vail Zone District Commercial Core 1 Commercial Core 1 Commercial Core 1 High Density Multiple Family Page 2 VII. CONDITIONAL USE PERMIT REVIEW CRITERIA Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on the development objectives of the Town. The Town of Vail development objectives include enhancing the livelihood of the commercial cores, as well as providing new retail experiences and options for guests. Staff finds that this conditional use permit will positively impact these objectives, as Vail Fine Wines provides a different retail liquor experience than other liquor stores in Vail Village. Further, the specialty nature of the business will enhance the livelihood of this commercial area, which typically has less foot traffic than other parts of Vail Village. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Because the proposal replaces a existing retail establishment with a more specific retail liquor store, Staff believes the proposed liquor store will not have any effect on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities and other public facilities needs. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. As a business in the pedestrian oriented Vail Village, most patrons will be frequenting other businesses in the same trip and /or will be staying in close proximity to the business. Further, Staff recommends the condition that no outdoor display of any kind be permitted except during special events, eliminating any conflict with automotive and pedestrian traffic. There are also no changes to the exterior of the building. For these reasons, Staff finds that the proposal will not have any effect on traffic, automotive and pedestrian safety, traffic flow and control, access, maneuverability and removal of snow. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. While liquor stores may be considered to have negative impacts to neighborhood character in some cases, this liquor store has a different impact. As a high end wine shop, this commercial space will maintain the character of the area, eliminating a vacant space recently held by a high end jeweler. The wine shop will serve a limited high end clientele that will not have the negative impacts of most liquor stores such as loitering and associated crime. There are no effects on scale and bulk because there are no exterior changes to the structure. Further, Staff recommends a condition that prohibits outdoor display, which will further reduce any negative impacts. Town of Vail Page 3 VIII. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning an Environmental Commission approves, with conditions, this conditional use permit to allow for a liquor store, located at 196 Gore Creek Drive Unit 164 (Lodge at Vail) /Lots ABC, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission passes the following motion: "The Planning and Environmental Commission approves this request for a conditional use permit, pursuant to Section 12 -7B -3, Conditional Uses, Vail Town Code, to allow for a liquor store, located at 196 Gore Creek Drive Unit 164 (Lodge at Vail) /Lots ABC, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission imposes the following conditions: "I. No outdoor display shall be permitted outside of the business at any time, except when associated with a special event permit or special business promotion permit. 2. Illuminated signs, such as neon, gas filled or LED lit signs, shall not be visible from the exterior of the business." Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section VII of the Staff memorandum to the Planning and Environmental Commission dated June 13, 2011, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The proposed conditional use permit is in accordance with the purposes of the Zoning Regulations and the Commercial Core 1 District. 2. The proposed conditional use permit and the conditions under which it will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. Town of Vail Page 4 3. The proposed conditional use permit complies with each of the applicable provisions of Chapter 12 -16, Conditional Use Permit, Vail Town Code." IX. ATTACHMENTS A. Vicinity Map B. Applicant's request Town of Vail Page 5 21 N E Vail Village Filing 1, Block 5C, Lots A, B & C (196 Gore Creek Drive, Unit 164 - Lodge at Vail) LaA Mod15@4 We 8.2011 MY 05/14/2011 Attn: Planning and Environmental Commission. Regarding: MRT Wines, Inc. dba Vail Fine Wines. We are applying to open a small retail specialty wine shop in an existing retail storefront at 196 Gore Creek Drive unit#164 in the Vail Village. We will be replacing the current A.E. Betteridge jewelry store that has been located there for approximately 10 years. We will be a full service liquor store selling wine, spirits, beer, cigars, and wine related gifts. Our main focus and inventory will be high end cult, collectable, and smaller production wines from around the world. As MRT Wines, Inc. dba Beaver Creek Fine Wines we have been in business in the Vail Valley for the last 12 years. We have run a single location retail store in Beaver Creek Village with a business plan that we will continue to follow in the Vail Village. That business plan includes but is not limited to; exceptional customer service, intelligent and knowledgeable staff, a clean and high -end finished retail space, a well stocked inventory, and a dedication to our clientele and community. In Beaver Creek we were located above Vail Fine Arts Gallery & The Vicor's Collection Gallery, next to Fantasia Furs, Michele's Antiques & Aalta Ski Shop, and close to Tramonti, The Golden Eagle, and 8100' restaurants. Our location in that village put us in proximity to many high end retail shops and helped to drive business and attract discerning shoppers to businesses similar to those on Gore Creek Drive. We have a very affluent and dedicated clientele up there and we expect to bring some of them with us to Vail Village as well as to impress upon the local visitors of the same caliber. We feel that this type of store will work well with the community and clientele in and around Gore Creek Drive because of our business plan and specifically the products we sell. Due to the nature of people's reasons to visit Vail (predominantly rest & relaxation, sports, and shopping) we feel that a store that sells wines and spirits to those on vacation will only help to attract more people to Gore Creek Drive, and thus help to drive foot traffic and possible sales to the other stores in the area. We believe that this will be a year round attraction to visitors of the valley as well. Whether it is spring, summer, fall, or winter — people on vacation usually want to relax and enjoy responsible drinking. From our canvassing of the area while collecting signatures for the liquor license application — there was resounding excitement for the idea of a new specialty wine shop closer to Bridge Street and the core of Vail Village. From almost every business owner or employee we spoke with during this time, they all expressed excitement with the prospect of being able to send their clientele to a nice, clean, well run and close liquor store. We feel that this will help to make the Vail visitors vacation experience that much more satisfying and seamless. We hope that this proposal adequately describes our business plan and helps to show that we aim to be an outstanding, dedicated, and valuable asset to Vail Village and Gore Creek Drive. Sincerely, Allan Dibben MRT Wines, Inc. dba Vail Fine Wines Manager & wine buyer NY1W Vhi.J49ll!/QNjl= cAlvzl4m*Di VIKO T*mt h000 — 7 alvo 6901(" - VII! IF IN Vii l". �rw.r +�rwr wr wrwwrwrr 0 !tvlvw S ov !fP Aix Jl 4 AXB 04. 11 , MaN LP i to t= - eam owMT m 1 4 A lie Qpm*v. a) 1.41 / */ / -17- tl O &,j- -vi lu/jAe- A S i d •} ~ � 4 1 � I � jm ' rr! , ' € L i't,'i�ti C . �t MINN 112 TOWN OF VAIL ` To: Planning and Environmental Commission From: Community Development Department Date: June 13, 2011 Memorandum Subject: A request for the review of an exterior alteration, pursuant to Section 12 -7C -5, Exterior Alterations or Modifications, Vail Town Code, and a setback variance from Section 12 -7C -8, Setbacks, Vail Town Code, pursuant to Section 12 -17, Variances, Vail Town Code, to allow for the addition of an elevator and associated equipment to an existing building within the setback, located at 124 Willow Bridge Road (Building A, Village Center Condominiums)/ Lot K, Block 5E, Vail Village Filing 1, and setting details in regards thereto. (PEC110025, PEC110035) Applicant: Village Center Condo Assoc., represented by K.H. Webb Architects Planner: Rachel Dimond I. SUMMARY The applicant, Village Center Condominium Association, represented by K.H. Webb Architects, is requesting a review of an exterior alteration, pursuant to Section 12 -7C -5, Exterior Alterations or Modifications, Vail Town Code, and a setback variance from Section 12 -7C -8, Setbacks, Vail Town Code, pursuant to Section 12 -17, Variances, Vail Town Code, to allow for the addition of an elevator and associated equipment to an existing building within the setback, located at 124 Willow Bridge Road (Building A, Village Center Condominiums)/ Lot K, Block 5E, Vail Village Filing 1, and setting details in regards thereto. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with a condition, of this application subject to the findings noted in Section VIII of this memorandum. For reference, the attachments include a vicinity map (Attachment A) and architectural plans (Attachment B). II. DESCRIPTION OF THE REQUEST The applicant is requesting an exterior alteration and setback variance to facilitate the installation of an elevator and associated elevator equipment room on the northeast side of Building A at Village Center. The elevator will service all levels of Building A, allowing for improved accessibility. The elevator itself creates a footprint of 70 square feet, and goes from one level below grade to the third (top) level. The 64 square foot elevator equipment room will be completely below grade, with landscaping above the room. The proposed addition will add 134 square feet of site coverage, and will reduce landscaping by 70 square feet. The addition of site coverage and reduction in landscaping will be in compliance with the zoning requirements of the Commercial Core 2 District. The location of the elevator and equipment room on the northeast corner of the site requires two variances. The elevator and equipment room will encroach 4 feet into the 10 foot rear (east) setback and the below grade equipment room encroaches 7.5 feet into the side (north) setback (with no above grade encroachment into the side (north) setback). III. BACKGROUND Village Center was constructed in 1973 under Town of Vail jurisdiction, but prior to the adoption of the Zoning Regulations. Village Center has been remodeled multiple times since, with changes to the facade and site, but no additional gross residential floor area to residential units. IV. APPLICABLE PLANNING DOCUMENTS ARTICLE 12 -7C. COMMERCIAL CORE 2 (CC2) DISTRICT 12 -7C -1: PURPOSE: The commercial core 2 district is intended to provide sites for a mixture of multiple dwellings, lodges and commercial establishments in a clustered, unified development. Commercial core 2 district in accordance with the Vail Village urban design guide plan and design considerations, as adopted in section 12 -7C -15 of this article is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of building and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. 12 -7C -5: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building, the alteration of an existing building which adds or removes any enclosed floor area, the alteration of an existing building which modifies exterior rooflines, the replacement of an existing building, the addition of a new outdoor dining deck or the modification of an existing outdoor dining deck shall be subject to review by the planning and environmental commission (PEC) as follows: 5. Hearing: The public hearing before the planning and environmental commission shall be held in accordance with section 12 -3 -6 of this title. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmental commission may be appealed to the town council in accordance with section 12 -3 -3 of this title. Town of Vail Page 2 6. Compliance With Applicable Comprehensive Plans: It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission that the proposed exterior alteration is in compliance with the purposes of the CC2 district as specified in section 12 -7C -1 of this article, that the proposal is consistent with applicable elements of the Vail Village urban design guide plan and the Vail Village design considerations, and that the proposal does not otherwise negatively alter the character of the neighborhood; and that the proposal substantially complies with all other applicable elements of the Vail comprehensive plan. 7. Approval: Approval of an exterior alteration under subsections A5 and A 6 of this section shall constitute approval of the basic form and location of improvements including siting, building setbacks, bulk, height, building bulk and mass, site improvements and landscaping. 9. Design Review Board Review: Any modification or change to the exterior facade of a building or to a site within the CC2 district shall be reviewed by the design review board in accordance with chapter 11 of this title. B. Compliance Burden: It shall be the burden of the applicant to prove by a preponderance of the evidence before the design review board that the proposed building modification is in compliance with the purposes of the CC2 district as specified in section 12 -7C -1 of this article; that the proposal substantially complies with the Vail Village design considerations or that the proposal does not otherwise alter the character of the neighborhood. 12 -7C -8: SETBACKS: In the CC2 district the minimum front setback shall be ten feet (10); the minimum side setback shall be ten feet (10), and the minimum rear setback shall be ten feet (10) unless otherwise specified in the Vail Village urban design guide plan and design considerations. Vail Village Master Plan ru ROOF MR444. #1 -7 Village Center Road Improvements Redesign of intersection as shown on the Vail Village Urban Design Guide Plan. Goal of this project is to create a visual landscape barrier to prevent unnecessary vehicular traffic. q - Bus, delivery and pedestrian traffic must also be H i accommodated in this design. Special emphasis on 3.1, 3.2, 5.3, 5.4. E t I� Town of Vail Page 3 V. ZONING ANALYSIS Physical Address: Legal Address: Zoning Designation: Land Use Plan Designation Current Land Use: Lot Size: Geologic Hazards: Development Standard Lot Size Setbacks (min): -Front (west) -Sides (north /south) -Rear (east) 124 Willow Bridge Road Lot K, Block 5E, Vail Village Filing 1 Commercial Core 2 District Village Master Plan Residential 30,430 square feet None Allowed /Required Existing 10,000 sq. ft. 10 ft. 10 ft. 10 ft. Building Height (max): 48 ft. sloping Site Coverage (min) Landscape Area (min) 21,301 sq. ft. (70 %) 6,086 sq. ft. (20 %) 30,430 sq. ft. 17 ft. 2.5 ft. /15 ft 10 ft. 43 feet 14,971 sq. ft. (49 %) 9,129 sq. ft. (30 %) Proposed No change 10 ft. 2.5 ft.* / 15 ft. 6 ft. No change ** 15,105 sq. ft. (50 %) 9,059 sq. ft. (30 %) *Equipment room will encroach to same non - conforming side setback below grade only. * *Elevator is 33 feet tall. VI. SURROUNDING LAND USES VII. REVIEW CRITERIA Zone District Commercial Core 2 Outdoor Recreation Public Accommodations Public Accommodations The following are review criteria for an exterior alteration or modification: 1. The proposed exterior alteration is in compliance with the general and specific purposes of the zoning regulations as specified in Section 12 -1 -2, Purpose, Vail Town Code; and, Staff finds that the application is consistent with the general and specific purposes of the Zoning Regulations. Specifically, the application promotes "health, safety and welfare" Town of Vail Page 4 Land Use North Mixed Use South Gore Creek East Mixed Use West Mixed Use VII. REVIEW CRITERIA Zone District Commercial Core 2 Outdoor Recreation Public Accommodations Public Accommodations The following are review criteria for an exterior alteration or modification: 1. The proposed exterior alteration is in compliance with the general and specific purposes of the zoning regulations as specified in Section 12 -1 -2, Purpose, Vail Town Code; and, Staff finds that the application is consistent with the general and specific purposes of the Zoning Regulations. Specifically, the application promotes "health, safety and welfare" Town of Vail Page 4 with the installation of an elevator that will provide ADA access to the upper units. The application also furthers the purpose that calls for continued improvement to Vail to facilitate the "high -end resort." 2. The proposal is consistent with applicable elements of the Vail Comprehensive Plan; and, Staff finds that the application is consistent with the applicable elements of the Vail Comprehensive Plan, which includes the Vail Village Master Plan, Urban Design Guide Plan, Design Considerations and the Vail Land Use Plan. There are no relevant sub- area concepts in the Vail Village Master Plan or Urban Design Guide Plan. The application is consistent with the Design Considerations, which call for the use of colors "found in the surrounding mountain backdrop." There are no other applicable elements of the Design Considerations. The application furthers the Vail Land Use Plan goals and objectives, including Objective 1. 1, to "encourage the upgrading and redevelopment of residential and commercial facilities" and Goal 1.3, that "the quality of development should be maintained and upgraded whenever possible." 3. The proposal does not otherwise negatively alter the character of the neighborhood; and, Staff finds that the proposal does not otherwise negatively alter the character of the neighborhood, as there is enough buffer between the proposed elevator and the adjacent Austria Haus due to the placement of the Austria Haus driveway. The distance between the elevator and the Austria Haus is approximately 40 feet. The following are review criteria for the setback variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff finds that the requested variance will not negatively impact the existing and /or potential uses and structures in the vicinity. While the elevator shaft will be closer to the adjacent Austria Haus, the Austria Haus' driveway continues to provide a buffer of approximately 40 feet between the buildings. Further, due to the fact that many structures in Vail Village have zero setback lines as established by the Vail Village Urban Design Guide Plan, the encroachment into the setback will have limited visual impact. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. The purpose of the variance is to facilitate an elevator for safety and access. The proposed variance is the minimal amount necessary to facilitate the construction of the elevator and will not grant special privilege. Further, installation of the elevator will Town of Vail Page 5 provide uniformity among sites in the vicinity, most of which have elevator access to residential units. The proposed location for the elevator was the only location possible for installation due to common hallway configurations, grade change, and other site constraints such as existing location of stairwells and walkways. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff finds that the requested variance will not have any effects on distribution of population, transportation and traffic facilities, public facilities and utilities. Staff finds the requested variance will have a minor effect on light and air, as the bulk and mass of the building will slightly increase. Further, public safety will be positively impacted, as the building will be safer with improved access. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. VIII. STAFF RECOMMENDATION The Community Development Department recommends approval, with conditions, of the request for an exterior alteration, pursuant to Section 12 -7C -5, Exterior Alterations or Modifications, Vail Town Code, and a setback variance from Section 12 -7C -8, Setbacks, Vail Town Code, pursuant to Section 12 -17, Variances, Vail Town Code, to allow for the addition of an elevator and associated equipment to an existing building within the setback, located at 124 Willow Bridge Road (Building A, Village Center Condominiums)/ Lot K, Block 5E, Vail Village Filing 1, and setting details in regards thereto. Should the Planning and Environmental Commission choose to approve the exterior alteration and setback variances, the Community Development Department recommends the Commission make the following motion: "The Planning and Environmental Commission approves an exterior alteration, pursuant to Section 12 -7C -5, Exterior Alterations or Modifications, Vail Town Code, and a setback variance from Section 12- 7C-8, Setbacks, Vail Town Code, pursuant to Section 12 -17, Variances, Vail Town Code, to allow for the addition of an elevator and associated equipment to an existing building within the side and rear setback, located at 124 Willow Bridge Road (Building A, Village Center Condominiums)/ Lot K, Block 5E, Vail Village Filing 1, and setting details in regards thereto." Should the Planning and Environmental Commission choose to approve the exterior alteration and setback variances, the Community Development Department recommends the Commission imposes the following condition: "1. This approval is contingent upon the applicant obtaining Town of Vail design review approval for this proposal." Town of Vail Page 6 Should the Planning and Environmental Commission choose to approve the exterior alteration and variances, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: 1. That the proposed exterior alteration is in compliance with the purposes of the Zoning Regulations, as specified in Section 12 -1 -2, Purpose, Vail Town Code, and 2. That the proposal is consistent with applicable elements of the Vail Comprehensive Plan, and 3. That the proposal does not otherwise negatively alter the character of the neighborhood. 4. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 5. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 6. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone district. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district." IX. ATTACHMENTS A. Vicinity Map B. Architectural Plans Town of Vail Page 7 N E U Q Vail Village Filing 1, Block 5E, Lot K (126 Willow Bridge Road - Village Center Condos, Building A) P MOM "IS Q Feet a 59 100 _J: mom . a . ma,T �,o G o,,., aM Lai Mo r d M9y 18. 2011 RAND VILLAGE CENTER ELEVATOR ADDITION k h .web b O m urc Af9e <9r. p[ LOT B & K BLOCK SE, PAIL VILLAGE IA HUNG O o WILLDW BRIDGE ROAR nn wur uaxsxuo ar,�u�nrn rm maien 9]L.Ir11990 910.111196SIf1 YA14 COLORADO 81657 2 hr. rated door at Stairs into Elev. Equipment Room w/ Lockset 6 %8" Elevator Equipment Roorn 1 lbs. — 6" Slab with #5's @ 6" O.C. @ Equip. Room Vault roof 12" Slab with #5's @ 12" O.C. @ Equip. Room 12" CMU Walls subgrade @ Equipment Room vfy. with Structural dwgs. — 8" (MU Walls @ Elevator, vfy. with Structural dwgs. 3 ENLARGED LEVEL I PLAN 119• = i'z' (D PROPOSED LEVEL 2 PLAN IIB' _ I'L' PROPOSED LEVEL I PLAN 119• =1'0• �M cC �s ^ p 3 O7 L 0 v o so_ W o W � m�a w v J PROJECT: DRAWN NV: LJE DATE: 1104.10 REVISIONS: 0915/011 U[IIII .I e OU ' -A fy. with PROPOSED LEVEL I PLAN 119• =1'0• �M cC �s ^ p 3 O7 L 0 v o so_ W o W � m�a w v J PROJECT: DRAWN NV: LJE DATE: 1104.10 REVISIONS: 0915/011 U[IIII - b VILLAGE CENTER ELEVATOR ADDITION k h w e b b O .. orthite �tr.P� LOT C 8 R, BLOCK SE, YNL VILLAGE 19 FIIJNG WILLOW BRIDGE ROAD na —u MMD QM 119 R VAL m elfin VAIL, COLORADO 91657 9eD.9i]1990 91D.4SIS9651f� T O O v x z I 3'g s �e O 0 v N VILLAGE CENTER ELEVATOR ADDITION k h .web b m � errhire ris.Ai O — LOT C & R BLOCS 5E, VAIL VILLAGE ISL FNDG WILLOW BRIDGE ROAD IIU WEST IIDN�IGU �A(JE oil 1 .11 EO 1. 0 VAII, COLORADO 31657 Piamns 9io.m.icespi Lj N _ VILLAGE CENTER ELEVATOR ADDITION k h .web b O .. nr[hi7e tls.Pt LOT [ & R BLOCK SE, YAIL VILLAGE 19 FILING WILLOW BRIDGE ROAD no wur uousucw nano �Unn rut meicsl 010.4111900 010.i111165D) VAII, COLORADO 81657 TOWN OF VAIL � To: Planning and Environmental Commission From: Community Development Department Date: June 13, 2011 Memorandum Subject: A request for the review of a conditional use permit, pursuant to Section 12 -7E -4, Conditional Uses, Vail Town Code, to allow for the construction of "any use permitted by Section 12 -7E -3 of this article, which is not conducted entirely within a building ", located at 2131 North Frontage Road (Safeway)/ Lot 3, Vail Das Schone Filing 3, to allow for the installation of one exterior low pressure gas cylinder display cage, and setting forth details in regard thereto. (PEC110027) Applicant: Safeway Stores 46, Inc. Planner: Rachel Dimond I. SUMMARY The applicant, Safeway Stores 46, Inc., is requesting a conditional use permit for "any use permitted by Section 12 -7E -3 of this article, which is not conducted entirely within a building" to facilitate the display and storage of low pressure gas cylinders on the exterior of the building. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of this application subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Safeway Stores 46, Inc., is proposing to install a display of low pressure gas cylinders on the exterior of the Safeway store in West Vail. This requires a conditional use permit for "any use permitted by Section 12 -7E -3 of this article, which is not conducted entirely within a building." The permitted use is the supermarket. This use cannot be considered outdoor display, as permitted by Section 12- 14 -21, Outdoor Display of Goods, Vail Town Code, which would not require a conditional use permit because the display will be a permanent fixture. The proposed gas cylinder display is located on the southeast corner of Safeway, adjacent to the Vail Das Schone building. The display is a metal cage, painted brown to match the building, is 3 feet wide, 1.5 feet deep and 5 feet tall. A vicinity map (Attachment A), a site plan (Attachment B) and a photo of a similar display (Attachment C) have been attached for review. III. BACKGROUND Safeway was constructed in 1972 under Eagle County jurisdiction. In 1986, the property was annexed into the Town of Vail as part of Ordinance No. 1, Series of 1986. In 1996, a 4,460 square foot addition was completed. In 2007, an 1,800 square foot addition and remodel was completed, resulting in the supermarket's current facade. IV. APPLICABLE PLANNING DOCUMENTS Title 12, Zoning Regulations, Vail Town Code (in part) ARTICLE 12 -7D. COMMERCIAL CORE 3 (CC3) DISTRICT 12 -7D -2: CONDITIONAL USES: The following conditional uses shall be permitted in the commercial core 3 district, subject to issuance of a conditional use permit in accord with the provisions of chapter 16 of this title: Any use permitted by section 12 -7D -1 of this article which is not conducted entirely within a building. 12- 7D -11: LOCATION OF BUSINESS ACTIVITY. A. Limitation, Exception: All permitted and conditional uses by sections 12 -7D -1 and 12- 7.-2 of this article shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. B. Outdoor Display Areas: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. CHAPTER 12 -16: CONDITIONAL USES PERMITS (in part) Section 12 -16 -1: Purpose, Limitations: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town Town of Vail Page 2 and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. VI. Vail Land Use Plan (in part) CC Community Commercial This area includes activities aimed at accommodating the overnight and short -term visitor to the area. Primary uses include hotels, lodges, service stations, and parking structures (with densities up to 25 dwelling units or 50 accommodation units per buildable acre). These areas are oriented toward vehicular access from 1 -70, with other support commercial and business services included. Also allowed in this category, would be institutional uses and various municipal uses. V. SITE ANALYSIS Legal Description: Lot 3, Vail Das Schone Filing 3 Zoning: Commercial Core 3 District Land Use Plan Designation: Community Commercial Current Land Use: Supermarket Lot Size: 3.08 acres/ 134,164 square feet Geologic Hazards: None Development Standard Required Setbacks (min) 20 feet around district Building Height (max) 38 feet Site Coverage (max) 53,665 sq. ft. (40 %) Landscaping Area (min) 33,541 sq. ft. (25 %) SURROUNDING LAND USES AND ZONING Zone District Existing & Proposed >20 feet no change 43,594 sq. ft. (30 %) (No change) No change Two - Family Primary/Secondary N/A Commercial Core 3 Commercial Core 3 VII. CONDITIONAL USE PERMIT REVIEW CRITERIA Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on the development objectives of the Town. Staff believes that the proposed use will facilitate the display of low pressure gas cylinders in a safe manner. The sale of these cylinders, commonly used for gas grills, furthers the development objective of the Town to have community commercial in the Town of Vail Page 3 Land Use North Low Density Residential South 1 -70 ROW East Mixed Use West Commercial Zone District Existing & Proposed >20 feet no change 43,594 sq. ft. (30 %) (No change) No change Two - Family Primary/Secondary N/A Commercial Core 3 Commercial Core 3 VII. CONDITIONAL USE PERMIT REVIEW CRITERIA Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on the development objectives of the Town. Staff believes that the proposed use will facilitate the display of low pressure gas cylinders in a safe manner. The sale of these cylinders, commonly used for gas grills, furthers the development objective of the Town to have community commercial in the Town of Vail Page 3 Commercial Core 3 District. This use further diversifies the types of retail goods available to residents and guests within the Town of Vail. No other location within the Town of Vail sells full low pressure gas cylinders, although empty cylinders are available, as well as a filling station. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff finds the proposed low pressure gas cylinder display will not have any effect on the use of light and air, distribution of population, transportation facilities, schools, parks and recreation facilities and other public facilities needs. Further, Staff finds the availability of these gas cylinders may reduce the use of gas and electric utilities due to reduced use of indoor ovens and stoves. Staff does not believe any other utilities will be affected. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. In order to eliminate any conflict with automotive traffic, the applicant is proposing to install the display behind a planter that blocks vehicles from gaining access to this area. Pedestrian congestion may be affected, as the installation of the display reduces the pedestrian walkway to 15 feet, though the walkway will be wide enough to continue to facilitate traffic flows. Staff finds that congestion, traffic flow and control, access, maneuverability and removal of snow will not be affected by this application. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The proposed display is five feet tall, and is intended to minimize the appearance of bulk and mass. Staff finds that the display will not negatively affect the character of the neighborhood and will in fact fit into the community commercial nature of this area. While there is a mixed use building to the east of the subject property, access to the residential units is on the other side of the adjacent lot and will not be affected. VIII. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning an Environmental Commission approves, with conditions, this conditional use permit for the construction of "any use permitted by Section 12 -7E -3 of this article, which is not conducted entirely within a building ", located at 2131 North Frontage Road (Safeway)/ Lot 3, Vail Das Schone Filing 3, to allow for the installation of one exterior low pressure gas cylinder display cage, and setting forth details in regard thereto. Town of Vail Page 4 Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission passes the following motion: "The Planning and Environmental Commission approves this request for a conditional use permit, pursuant to Section 12 -7E -4, Conditional Uses, Vail Town Code, to allow for the construction of "any use permitted by Section 12 -7E -3 of this article, which is not conducted entirely within a building ", located at 2131 North Frontage Road (Safeway)/ Lot 3, Vail Das Schone Filing 3, to allow for the installation of one exterior low pressure gas cylinder display cage, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission imposes the following conditions: "I. The approved display cabinet shall not include more than 3 square feet of signage, including emergency information, OSHA required signage and identification of the product. 2. No lighting shall be permitted as part of this permit application." Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section VII of the Staff memorandum to the Planning and Environmental Commission dated June 13, 2011, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The proposed conditional use permit is in accordance with the purposes of the Zoning Regulations and the Commercial Core 3 District. 2. The proposed conditional use permit and the conditions under which it will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. The proposed conditional use permit complies with each of the applicable provisions of Chapter 12 -16, Conditional Use Permit, Vail Town Code." IX. ATTACHMENTS A. Vicinity Map B. Partial Site Plan C. Photo of similar display Town of Vail Page 5 Vail Das Schone Filing 3, Lot 3 (2931 North Frontage Road West - Safeway) Oer ►� ' , Z0 c a) E U ca EN NO �� a �� q � . Jar ■ 1 � ILA 1 ■ low A 4 • iAiilAAxAlxnlil -.� n, • . - Ail A111Mom IAIARR ON At jW �t r+. � :ice r .... - .. r �•Y IL J Feet a 50 1{}0 200 r �► I � rn m+v.. ,,.�aerine iv..,mv,.ois ieem.une.rrr.mv e. n, wwrervm. iro a,.rm wme.�,x,.., roe, mm. rrc.,veevn �..,se ne..�n . 94[ Modified ,Lna $, 76� 1 pAR1P Attachment B BLUE RHINO TANK EXCHANGE SITE PLAN Date of Plan Safeway 9631 2131 N. Frontage Rd- West Blue Rhino of Henderson, Co 80640 Vail, CO 81657 9771 Hanover Court East Tel: (303)289-9128 Fax: (303)289-9144 IF THERE IS NO ANSWER, LEAVE MESSAGE AND WE WILL RETURN YOUR CALL A.S.A.P. Prepared for — 2 Display(s), each bolding 21 twenty-pound DOT Cylinders for a total quantity of — 42 Cylinder: Displays Bolted Down: ■ Yes ■ No Vehicle Protection: ■ Yes (Show type & number on site plan) ■ No EMERGENC PHONE NUMBERS (24171365): BLUE RHINO 1- 800 - 258 -7466 OPTION 5 .......... I ...... ....... ------------- ...... ...... ........ .................. . ................ ...... ...... ............. ..... .. :SAFEWAY ............. ........... ........... . ..... 711aLE; ......... 177-71... .... .. ------- . ............ ... ... r=NT"NCE :BOBC 86BC ENTRANCE . ......... :NO KOOM OR :40.2PJ G ---OVERT G - Q��OANQ�--- ----- ------- ------ -- ........ .... . ..... . ..... . ........ INDICATE NORTH ON THE COMPASS AT LEFT DEPICT AREA AT LEAST 50 FEET IN EACH DIRECTION SHOW DISTANCES FROM DISPLAY TO DOORS, OUTLETS & EXTINGUISHERS LABEL ALL ITEMS ON DRAWINGS. INCLUDE EXTINGUISHER LOCATIONS. INDICATE EACH DISPLAY UNIT OF 18 THIS WAY PARTIAL SITE PLAN �r.arcr e0 N. Frontage Road f ' Interstate 70 (RawaOO•) Attachment C Note Large Blue Rhino sign sl the conditions. ,r y i11 AN jw � r � �l A �� Kb , ,r. r "� • ,. 6 - www.bluorhino.com Net Weight 15 tb. (6.8 kg) Prop MERGENCIES:1.800.258.7466 4to>NO SMOKING 0 o , FLAMMABLE LP GAS _= JFV -11=1 U1 ! I J ! ! ! ! t! ! W ! II ! ! ! ! ! ! ! ! L ! ! II ! ! ! ! ! 1W ! IM OIL' ! MP TOWN OF 0 ) VAIL TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 13, 2011 Memorandum SUBJECT: A request for the review of a conditional use permit, pursuant to Section 12 -8C -3, Conditional Uses, Vail Town Code, to allow for the construction of "paved and unpaved, non - motorized, bicycle paths and pedestrians ways" (i.e. steps), located at Part of Tract B, Vail Lionshead Filing 3, generally located on the north bank of Gore Creek east of the West Forest Road bridge, and setting forth details in regard thereto. (PEC110029) Applicant: Town of Vail, represented by Gregg Barrie Planner: Bill Gibson SUMMARY The applicant, Town of Vail, is requesting a conditional use permit to allow for the construction of steps on the north bank of Gore Creek east of the West Forest Road bridge. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with a condition, of this application subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The Town of Vail has received a request to improve an existing informal "take -out" area for rafters on the north bank of Gore Creek east of the West Forest Road bridge. Today, there are no steps or other built improvements between the public recreation path and the creek in this vicinity. The proposed steps are intended to improve public access to Gore Creek for rafting, kayaking, fishing, and other stream uses. The Town of Vail is proposing to construct two sets of 30 inch wide wooden steps, spaced approximately six feet apart, on the north bank of Gore Creek between the creek and the existing recreation path. The proposed steps will be installed above the ordinary high water mark and the 100 -year Gore Creek flood plain level. The proposed steps will be installed in a manner to not disturb existing grades and vegetation. A vicinity map (Attachment A), the applicant's request (Attachment B), architectural plans (Attachment C), and photographs have been attached for review. III. BACKGROUND The Town's archives indicate that as early as 1971 the Town of Vail leased Tract B, Vail Lionshead Filing 3 from Vail Associates for open space. In 1984, Vail Associates, Inc. transferred ownership of Tract B, Vail Lionshead Filing 3 to the Town of Vail. In 1995, the Town of Vail rezoned Tract B, Vail Lionshead Filing 3 from the Agriculture and Open Space District to the Natural Area Preservation District. Ordinance No. 19, Series of 1995, rezoned 67 properties (including the subject Tract B) to the Natural Area Preservation District, Outdoor Recreation District, or General Use District to address the recommendations of the Vail Land Use Plan and the Vail Comprehensive Open Lands Plan. Ordinance No. 19 stated in part: "Whereas, the proposed down - zoning to the Natural Area Preservation District will help protect natural resources in the Town of Vail which is an objective of the Town as stated in the Vail Land Use Plan, Comprehensive Open Lands Plan, and Environmental Strategic Plan." In 2005, the subject Part of Tract B was split from other portions of Tract B to reflect the boundaries of the Lionshead Urban Renewal District. IV. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Lionshead Redevelopment Master Plan and the Vail Town Code are relevant to the review of this proposal: Lionshead Redevelopment Master Plan (in CHAPTER 3: EXISTING CONDITIONS ASSESSMENT AND PROBLEM IDENTIFICATION (in part) 3.2.6 Recreation and Open Space The Gore Creek open space corridor roughly bisects the Lionshead study area. Portions of this corridor, which widens significantly at the eastern end of the study area, are owned by the Town of Vail and by Vail Associates (see Map 8). The existing tennis courts at the eastern end of Forest Road, while part of the agricultural and open space zone district, are unattractive (see figure 3 -2) and visually inconsistent with the rest of the Gore Creek corridor. The Gore Creek corridor is described in greater detail in section 3.7.2. 3.7.2 Open Space Zone Town of Vail Page 2 The primary component in the open space zone is Gore Creek and the natural area that flanks it (see figure 3 -3). This vitally important open space corridor is characterized by thick riparian vegetation along the creek embankments, low -lying wetlands to the south of the creek, and the grassy slopes of the lower ski trails. The eastern end of Gore Creek (see figure 3 -4) supports large evergreen trees, but the western stretches of the creek (see figure 3 -5) are largely devoid of tree cover and in need of rehabilitation. The secondary components of the open space zone are the Middle Creek and Red Sandstone Creek corridors that run north from Gore Creek, forming the east and west boundaries of the study area (see figures 3 -6 and 3 -7). The 100 -year flood plain of these creeks is shown in Map D. Both Middle Creek and Red Sandstone Creek have been significantly impacted by adjacent development but retain some high quality vegetation. CHAPTER 4: MASTER PLAN RECOMMENDATIONS — OVERALL STUDY AREA (in part) 4.3.2.1 Landscape and Green Belt Corridors Wherever possible the natural landscape of the Gore Creek corridor should be allowed to penetrate into the more urbanized portions of Lionshead (see Map O). This will open up access points to the Gore Creek corridor, enhance the quality of individual properties, and improve the image of Lionshead as an alpine resort. CHAPTER 5: DETAILED PLAN RECOMMENDATIONS (in part) 5.4 Gore Creek Corridor (in part) The master plan goals for the Gore Creek corridor are to protect and enhance its natural beauty and environment, to connect it to the Lionshead core, and to make the Gore Creek recreation path safer and more inviting as a passive recreation amenity. Specific recommendations for this corridor are as follows: 5.4.3 Safety Issues The existing Gore Creek recreation path is a relatively safe environment, but conflicts between pedestrians and cyclists will increase as the popularity of bicycling grows. A clearly delineated bicycle lane wide enough for a bicycle with a pull- behind child carrier is needed. The path should be wide enough for a cyclist to pass another bicycle without endangering nearby pedestrians. The design of the path should eliminate blind curves where cyclists riding in opposing directions might collide. The pool deck behind the Antlers presents such a hazard, and all potential measures should be taken to remedy that situation, including removal or modification of the pool. 5.4.5 Revegetation and Landscaping West of the Ski Yard Slope revegetation and landscaping are needed along the western portion of the Gore Creek recreation path. This section, which traverses a fill bank above Gore Creek, may never have the forested character of the section east of the ski yard, but it can be greatly enhanced by planting more trees. The focus should be on the more barren Town of Vail Page 3 north side, with less intensive landscaping on the south bank framing views to the creek (see figure 6 -4). The added landscaping should be as natural as possible and appropriate for a riparian environment. The use of small understory plantings that would increase maintenance requirements should be minimized. Title 12, Zoning Regulations, Vail Town Code (in part) ARTICLE 8 -C: NATURAL AREA PRESERVATION DISTICT Section 12 -8C -1: Purpose: The natural area preservation district is designed to provide areas which, because of their environmentally sensitive nature or natural beauty, shall be protected from encroachment by any building or other improvement, other than those listed in section 12 -8C -2 of this article. The natural area preservation district is intended to ensure that designated lands remain in their natural state, including reclaimed areas, by protecting such areas from development and preserving open space. The natural area preservation district includes lands having valuable wildlife habitat, exceptional aesthetic or flood control value, wetlands, riparian areas and areas with significant environmental constraints. Protecting sensitive natural areas is important for maintaining water quality and aquatic habitat, preserving wildlife habitat, flood control, protecting view corridors, minimizing the risk from hazard areas, and protecting the natural character of Vail which is so vital to the town's tourist economy. The intent shall not preclude improvement of the natural environment by the removal of noxious weeds, deadfall where necessary to protect public safety or similar compatible improvements. Section 12 -88 -3: Conditional Uses: (in part) The following conditional uses shall be permitted in the NAP district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Equestrian trails, used only to access national forest system lands. Interpretive nature walks. Parking, when used in conjunction with a permitted or conditional use. Paved and unpaved, nonmotorized, bicycle paths and pedestrian walkways. Picnic tables and informal seating areas. Other uses customarily incidental and accessory to permitted or conditional uses and necessary for the operation thereof, with the exception of buildings. CHAPTER 12 -16: CONDITIONAL USES PERMITS (in part) Section 12 -16 -1: Purpose, Limitations: Town of Vail Page 4 In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. V. UI SITE ANALYSIS Address: n/a (adjacent to Gore Creek Place at 825 West Forest Road) Legal Description: Part of Tract B, Vail Lionshead Filing 3 Land Use Designation: Lionshead Redevelopment Master Plan Geological Hazards: Gore Creek 100 -year floodplain Lot Area: 2.617 acres Zoning: Natural Area Preservation District SURROUNDING LAND USES AND ZONING Existing Use Zoning District North: Residential Lionshead Mixed Use 1 District South: Stream Tract Natural Area Preservation District West: Stream Tract General Use District East: Stream Tract Agriculture and Open Space District VII. CONDITIONAL USE PERMIT REVIEW CRITERIA Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on the development objectives of the Town. Staff believes the installation of the proposed steps will improve public access to Gore Creek and the natural environment consistent the purpose of the Natural Area Preservation District and the overall recommendations of the Lionshead Redevelopment Master Plan. Staff believes the proposed steps will reduce creek bank erosion, thus protecting water quality and will also improve pedestrian safety and convenience. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Town of Vail Page 5 Staff believes the proposed steps will have no significant affect on light, air, the distribution of population, utilities, schools, and other public facilities in comparison to existing conditions. Staff believes construction of the proposed steps will improve public access to the Gore Creek stream tracts in Lionshead (a Town of Vail park /recreation asset). Staff also believes the proposed steps will create a more convenient and safer pedestrian connection between Gore Creek and the adjacent recreation path (both a Town of Vail park /recreation and transportation asset). 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff believes the installation of the proposed steps will have no significant affect on automotive traffic or the removal of snow from streets and parking areas in comparison to existing conditions. Staff believes the installation of the proposed steps will improve pedestrian safety and convenience; improve recreation path traffic flow, control, and congestion; improve public access to Gore Creek; and improve maneuverability for rafters and kayakers "taking -out" of Gore Creek in this vicinity. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The proposed steps will be constructed of wood in a non - ornate design, located above the ordinary high water mark and the 100 -year Gore Creek flood plain level, and installed in a manner that will not disturb existing grades and vegetation. Therefore, Staff believes the proposed steps are in keeping the naturalistic character of the Gore Creek stream tract and the scale of the surrounding buildings. VIII. RECOMMENDATION The Community Development Department recommends the Planning an Environmental Commission approves this conditional use permit for the construction of "paved and unpaved, non - motorized, bicycle paths and pedestrians ways" (i.e. steps), located at Part of Tract B, Vail Lionshead Filing 3, generally located on the north bank of Gore Creek east of the West Forest Road bridge, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission passes the following motion: Town of Vail Page 6 "The Planning and Environmental Commission approves this request for a conditional use permit, pursuant to Section 12 -8C -3, Conditional Uses, Vail Town Code, to allow for the construction of 'paved and unpaved, non - motorized, bicycle paths and pedestrians ways" (i.e. steps), located at Part of Tract B, Vail Lionshead Filing 3, generally located on the north bank of Gore Creek east of the West Forest Road bridge, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission imposes the following condition: "1. This conditional use permit approval is contingent upon the applicant obtaining Town of Vail design review approval for this proposal." Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission makes the following findings: 'Based upon the review of the criteria outlined in Section Vll of the Staff memorandum to the Planning and Environmental Commission dated June 13, 2011, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The proposed conditional use permit is in accordance with the purposes of the Zoning Regulations and the Natural Area Preservation District. 2. The proposed conditional use permit and the conditions under which it will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. The proposed conditional use permit complies with each of the applicable provisions of Chapter 12 -16, Conditional Use Permit, Vail Town Code." IX. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Proposed Architectural Plan D. Photographs Town of Vail Page 7 0 0 h E v m OD Vail Lionshead Filing 3, Part of Tract S (Parcel # 210107218007) / I ME9 D v 0 CD :�� � ] 50 100 200 test Mo64ea Rune s. 20" m1 D Attachment B MEMORANDUM TO: Town Council FROM: Department of Public Works DATE: May 17, 2011 SUBJECT: Information Update — Gore Creek Access Improvement With the success of summer rafting trips on Gore Creek, the town has received a request to improve a' take -out" area near the West Forest Road Bridge. The existing take -out requires guests to scramble up a steep embankment to the bike path. The proposed improvements would require construction of simple wooden steps built into the hillside. Two sets of 30" wide steps approximately six feet apart will create an easy access for rafts to be carried out of the creek. The steps will only be installed in the area above the ordinary high water mark, and will not disturb existing vegetation or grades. In addition to improving access for boaters, the steps will also benefit fishing access and other stream users. The stream tract parcel upstream of Forest Rd is zoned Natural Area Preservation, requiring PEC approval for any improvements. Unless otherwise directed, staff will proceed through the proper design review process. At this time, the item is scheduled on the June 13 PEC meeting. Flight: Approximate location for steps Town of Vail Page 9 0 � abed HBA 10 UMOl j �m -rn noao=L,uu r.•Nrnz Pi=ct of � \ \'\\ . ��r. L %iS *iuL'�O�C'COB�LCS 1 I � '�� LN rr / rr ■■ �f r $ o� Hill m g DEPARTMENT OF PUBLIC WORKSRRANSPORTAMN FOREST RD /CORE CREEK STEPS 0 JU2U.1goeJJV E U (Q Q a� ca O O O H TOWN OF To: Planning and Environmental Commission From: Community Development Department Date: June 13, 2011 Memorandum Subject: A request for the review of a minor exterior alteration, pursuant to section 12 -7B- 7, Exterior Alterations or Modifications, Vail Town Code, to allow for changes to an existing outdoor dining deck, located at 174 East Gore Creek Drive (Lodge at Vail) /Lots A, B, and C, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110031) Applicant: Lodge Properties, represented by Mauriello Planning Group Planner: Rachel Dimond I. SUMMARY The applicant, Lodge Properties, represented by Mauriello Planning Group, is requesting a review of a minor exterior alteration, pursuant to section 12 -7B -7, Exterior Alterations or Modifications, Vail Town Code, to allow for changes to an existing outdoor dining deck, located at 174 East Gore Creek Drive (Lodge at Vail) /Lots A, B, and C, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. Staff recommends that the Planning and Environmental Commission approve, with conditions, the application, subject to the findings and criteria outlined in Section VII of this memorandum. For reference, the attachments include a vicinity map (Attachment A), the applicants application materials (Attachment B) and architectural plans (Attachment C). II. DESCRIPTION OF THE REQUEST The applicant is requesting a minor exterior alteration for changes to an existing outdoor dining deck. The project also includes the combination of the Wildflower Restaurant and Mickey's Bar at the Lodge at Vail into one new restaurant. The existing outdoor dining deck for the Wildflower Restaurant is 1,241 square feet and the proposed dining deck is 1,249 square feet. The new dining deck includes 695 square feet of uncovered dining deck area and 554 square feet of dining deck proposed to be covered with an awning. The covered dining deck area will have canvas screens that can be dropped down in inclement weather, allowing the deck to be functional year round. A fire pit with seating is also being proposed adjacent to Eaton Plaza. The improvements affect landscape area (no net loss), site coverage, parking and employee housing. As a result of the improvements for the new restaurant, there is 482 square feet of net new seating area, requiring 2 new parking spaces to be added in the surface parking lot as shown on page 13 of the application materials in Attachment B. To meet the commercial linkage employee housing requirements, which requires a mitigation of 0.97 employees for 716 square feet of net new floor area, the applicant is proposing to deed restrict a unit in East Vail. III. BACKGROUND The Lodge at Vail was constructed in 1962 under the jurisdiction of Eagle County. The International Wing was constructed in 1997. IV. APPLICABLE PLANNING DOCUMENTS Title 12, Zoning Regulations, Vail Town Code 12 -78: COMMERCIAL CORE 1 (CC1) DISTRICT. 12 -78 -1: PURPOSE: The commercial core 1 district is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The commercial core 1 district is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The zoning regulations in accordance with the Vail Village urban design guide plan and design considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the village. 12 -78 -7: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Subject To Review: The construction of a new building, the alteration of an existing building which adds or removes any enclosed floor area, the alteration of an existing building which modifies exterior rooflines, the replacement of an existing building, the addition of a new outdoor dining deck or the modification of an existing outdoor dining deck shall be subject to review by the planning and environmental commission (PEC) as follows: 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 5. Hearing: The public hearing before the planning and environmental commission shall be held in accordance with section 12 -3 -6 of this title. The planning and environmental commission may approve the application as submitted, approve the application with Town of Vail Page 2 conditions or modifications, or deny the application. The decision of the planning and environmental commission may be appealed to the town council in accordance with section 12 -3 -3 of this title. 6. Compliance With Comprehensive Applicable Plans: It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission that the proposed exterior alteration is in compliance with the purposes of the CC1 district as specified in section 12 -7B -1 of this article, that the proposal is consistent with applicable elements of the Vail Village master plan, the town of Vail streetscape master plan, and the Vail comprehensive plan, and that the proposal does not otherwise negatively alter the character of the neighborhood. Further, that the proposal substantially complies with the Vail Village urban design guide plan and the Vail Village design considerations, to include, but not be limited to, the following urban design considerations: pedestrianization, vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, service /delivery and sun /shade analysis and that the proposal substantially complies with all other elements of the Vail comprehensive plan. 7. Approval: Approval of an exterior alteration under subsections A5 and A6 of this section shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, building bulk and mass, site improvements and landscaping. 8. Lapse Of Approval: Approval of a major or minor exterior alteration as prescribed by this article shall lapse and become void two (2) years following the date of approval of the major or minor exterior alteration by the planning and environmental commission unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. 9. Design Review Board Review: Any modification or change to the exterior facade of a building or to a site within the CC1 district shall be reviewed by the design review board in accordance with chapter 11 of this title. B. Compliance Burden: It shall be the burden of the applicant to prove by a preponderance of the evidence before the design review board that the proposed building modification is in compliance with the purposes of the CC district as specified in section 12 -7B -1 of this article, that the proposal substantially complies with the Vail Village design considerations, and that the proposal does not otherwise alter the character of the neighborhood Vail Village Master Plan (in part) The Vail Village Master Plan is based on the premise that the Village can be planned and designed as a whole. The Vail Village Master Plan is intended to be consistent with the Vail Village Urban Design Guide Plan, and along with the Guide Plan, it underscores the importance of the relationship between the built environment and public spaces. Town of Vail Page 3 Furthermore, the Master Plan provides a clearly stated set of goals and objectives outlining how the Village will grow in the future. Goals for Vail Village are summarized in six major goal statements. While there is a certain amount of overlap between these six goals, each focuses on a particular aspect of the Village and the community as a whole. A series of objectives outline specific steps that can be taken toward achieving each stated goal. Policy statements have been developed to guide the Town's decision - making in achieving each of the stated objectives. A series of objectives outline specific steps toward achieving each stated goal. Policy statements have been developed to guide the Town's decision - making in achieving each of the stated objectives, whether it be through the review of private sector development proposals, or in implementing capital improvement projects. (Listed in part): V. GOALS, OBJECTIVES, POLICIES AND ACTION STEPS GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITY AND IDENTITY. Policy 1.1.1: Development and improvement projects approved in the Village shall be consistent with the goals, objectives, policies and design considerations as outlined in the Vail Village Master Plan and Urban Design Guide Plan. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Policy 1.2.2: Development and improvement projects shall be coordinated to minimize the unintended negative consequences associated with construction activity in a pedestrianized, commercial area. For instance, the noise abatement, project completion guarantees, temporary parking, traffic control, etc. GOAL # 2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR - AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY AS A WHOLE. Objective 2.1: Recognize the variety of land uses found in the 10 sub- areas throughout the Village and allow for development that is compatible with these established land use patterns. Objective 2.2: Recognize the importance of Vail Village as a mixed use center of activities for our guests, visitors and residents. Town of Vail Page 4 Objective 2.4: Encourage the development of a variety of new commercial activity where compatible with existing land uses. Policy 2.4.1: Commercial infill development consistent with established horizontal zoning regulations shall be encouraged to provide activity generators, accessible greenspaces, public plazas, and streetscape improvements to the pedestrian network throughout the Village. Obiective 2.5 Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. GOAL #3 TO RECOGNIZE AS A TOP PRIORITY THE ENHANCEMENT OF THE WALKING EXPERIENCE THROUGHOUT THE VILLAGE. Objective 3.1: Physically improve the existing pedestrian ways by landscaping and other improvements. Policy 3.1.1: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. Policy 3.1.3: Flowers, trees, water features and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. GOAL #4 TO PRESERVE EXISTING OPEN SPACE AREAS AND EXPAND GREENSPACE OPPORTUNITIES Objective 4.1 Improve existing open space areas and create new plazas with greenspace and pocket parks. Recognize the different roles of each type of open space in forming the overall fabric of the Village. PLAZA • •� � �7HE VAi `� PLACE 1 Town of Vail Policy 4.1.2 The development of new public plazas, and improvements to existing plazas (public art, streetscape features, seating areas, etc.) shall be strongly encouraged to reinforce their roles as attractive people places. #3 -1 Lodge at Vail /International Wing Residential /lodging infill (with ground floor commercial). over International Wing with maximum of 3 stories. Impacts on views to the mountain from Eaton Plaza should be minimized and a plaza with greenspace area included. Commercial development on ground level to reinforce pedestrian activity and provide a sense of enclosure for Eaton Plaza. Additional development Page 5 on this site may require significant upgrading to fire flow capabilities. Special emphasis on 1. 2, 2.3, 2.4, 2.5, 2.6, 3.1, 5.1, 6. 1. Vail Village Design Considerations (in part) ARCHITECTURE /LANDSCAPE CONSIDERATIONS Overhangs E"11 , 111 , 2PE a DECKS AND PATIOS Generous roof overhangs are also an established architectural feature in the Village - a traditional expression of shelter in alpine environments. Roof overhangs typically range from 3 to 6 feet on all edges. Specific design consideration should be given to protection of pedestrian ways adjacent to buildings. Tee falls, snow slides, and runoff hazards can be reduced by roof orientation, gutters, arcades, etc. Overhang details are treated with varying degrees of ornamentation. Structural elements such as roof beams are expressed beneath the overhangs, simply or decoratively carved. The roof fascia is thick and wide, giving a substantial edge to the roof. Dining decks and patios, when properly designed and sited, bring people to the streets, - opportunities to look and be looked at, and generally r rr contribute to the liveliness of a busy street, making a richer pedestrian experience than if those streets were empty. A review of successful decks /patios in Vail reveals several common characteristics: - direct sunlight from 11:00 - 3:00 increases use by many days /year and protects from wind - elevated feet to give views into the pedestrian walk (and not the reverse) - physical separation from pedestrian walk of to (planter better than a wall) overhang gives pedestrian scale/ shelter. Decks and patios should be sited and designed with due consideration to: sun, views, wind; pedestrian activity. Page 6 Town of Vail Vail Land Use Plan The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town Council. The main purpose of the Land Use Plan is two -fold: 1. To articulate the land use goals of the Town. 2. To serve as a guide for decision making by the Town. The Vail Land Use Plan is intended to serve as a basis from which future land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in the review process for new development proposals. In conjunction with these goals, land use categories are defined to indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is intended to provide a general framework to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development on a site. Goals and Policies (in part): 1.0 General Growth /Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.0 Skier /Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 3.0 Commercial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. Town of Vail Page 7 3.5 Entertainment oriented business and cultural activities should be encouraged in the core areas to create diversity. More nighttime businesses, on -going events and sanctioned "street happenings" should be encouraged. 4.0 Village Core / Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) V. ZONING ANALYSIS Zoning Designation: Commercial Core 1 District Land Use Plan Designation: Village Master Plan Current Land Use: Mixed Use Lot Size: 2.024 acres/ 88,165 sq. ft. Development Allowed /Required Existing Proposed Standard Lot Size 10,000 sq. ft. 88,165 sq. ft. No change Setbacks: Building Height None (unless specified in VVMP) 48 ft. sloping 48 feet No change Site Coverage 70,532 sq. ft./ 80% 14,883 sq. ft./ 17% 14,891 sq. ft./ 17% ( +8 sq. ft.) Landscape Area No reduction from existing No change VI. SURROUNDING LAND USES Town of Vail Page 8 Land Use Zone District North Mixed Use Commercial Core 1 South Mixed Use Ski Base/ Recreation 2 East Mixed Use Commercial Core 1 West Residential High Density Multiple Family Town of Vail Page 8 VII. REVIEW CRITERIA The following are review criteria for an exterior alteration 1. The proposed exterior alteration is in compliance with the purposes of the CC1 district as specified in Section 12- 713 -1; and, Staff finds that the application is consistent with purpose of the CC1 District because it furthers the purpose to "maintain the unique character of the Vail Village commercial area." The application also ensures "the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways." This is accomplished through the utilization of increased landscaping area and covered dining deck that will create a livelier environment around the adjacent public plaza. The deck will continue to have a landscape buffer as shown on the plans, which will provide additional greenspace for the public greenway, Eaton Plaza. 2. The proposal is consistent with applicable elements of the Vail Village master plan, the town of Vail streetscape master plan, and the Vail comprehensive plan; and Staff finds that the application is consistent with the applicable elements of the Vail Village Master Plan, Vail Streetscape Master Plan and the Vail Comprehensive Plan. The application is consistent with the goals, objectives and policies of the Vail Village Master Plan, specifically Objective 1.2, which encourages the "upgrading and redevelopment of... commercial facilities." This is an essential component of the proposal, which will reinvent two separate restaurants into one new venue. This also furthers Goal #2, which is "to foster a strong tourist industry and promote year -round economic health and vitality for the village..." The Vail Village Master Plan Objective 2.4 is to "encourage the development of a variety of new commercial activity where compatible with existing land uses," which the application follows by adding more commercial activity adjacent to Eaton Plaza. Objective 2.5 complements Objective 1.2, emphasizing "upgrading, renovation and maintenance of existing lodges and commercial facilities to better serve the needs of our guests." More specifically, the enhancements to the public /private plaza area via the fire pit and seating further Goal #4, which calls for expansion of greenspace opportunities. The proposal is also consistent with the site specific recommendations of the Vail Village Master Plan, as it calls for "commercial development on the ground level to reinforce pedestrian activity and provide a sense of enclosure for Eaton Plaza." The application is consistent with the Vail Land Use Plan goals for the Village Core, which state "future commercial development should continue to occur primarily in existing commercial areas" and "the ambiance of the Village is important to the identity of Vail and should be preserved." The application is putting commercial development within existing development, and preserves the ambiance of the Village. The application also furthers the Village Core specific goals of the Land Use Plan include the stressed importance of the "ambiance of Vail Village." The proposal will continue with Town of Vail Page 9 the scale and alpine character while projecting a cosmopolitan feeling that is stressed in goal 4.3. The Streetscape Master Plan, while applicable, has no recommendations for this specific area. However, the Streetscape Master Plan does mention the need for additional elements in the street to provide meeting and gathering places. The fire pit and seating area will accomplish this need. 3. The proposal does not otherwise negatively alter the character of the neighborhood; and, Staff finds that the proposal will positively alter the character of the neighborhood by providing additional livelihood through improved outdoor dining. The new establishment will also provide a new option for residents and guests, drawing more people to the village to frequent this and other establishments. Further, the scale of the addition to the outdoor dining deck is appropriate for this neighborhood, as it is similar to the covered dining deck area at Pepi's. Outdoor dining decks also provide increased livelihood in the neighborhood and draw pedestrians into an otherwise minor plaza. 4. The proposal substantially complies with the Vail Village urban design guide plan and the Vail Village design considerations, to include, but not be limited to, the following urban design considerations: pedestrian ization, vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, service /delivery and sun /shade analysis; and Staff believes the proposed exterior alteration, in general, substantially complies with the Vail Village Urban Design Guide Plan and the Vail Village Design Considerations. Some of the urban design considerations listed above are not relevant to this proposal, including vehicular penetration and views. The most applicable elements of the Design Considerations are the overhang and patio /deck sections. The application is consistent with the overhang guidelines that encourage overhangs to "create a pedestrian focus and divert attention from upper building heights and `canyon' effect." The changes to the outdoor dining area are in line with the recommendations that state "physical separation from pedestrian walk to overhang gives pedestrian scale /shelter, "as the decks will be separated by a fence. The outdoor dining area will also have direct sunlight, views and will be adjacent to pedestrian activity, all in line with the Design Considerations. The proposal complies with the streetscape framework section, which states "to improve the quality of the walking experience and give continuity to the pedestrian ways ... two general types of improvements adjacent to the walkways are considered:... infill commercial storefronts expansion of existing buildings, or new infill development to create new commercial activity generators to give street life and visual interest, as attractions at key locations along pedestrian routes." Similarly, the street enclosure section states that "while building fagade heights should not be uniform from building to building, they should provide a "comfortable" enclosure for the street." The proposal Town of Vail Page 10 complies with these sections as the improvements to the outdoor dining deck will further enclose Eaton Plaza and will generate an improved pedestrian experience. Further, the street enclosure section states that "pedestrian streets are outdoor rooms whose walls are formed by the buildings. The shape and feel of these `rooms' are created by the variety of heights and massing (three- dimensional variations) which give much of the visual interest and pedestrian scale unique to Vail." By adding outdoor dining deck area as well as the fire pit with outdoor seating, the proposal will enhance the plaza and create an additional "room" through the fire pit area. Staff believes the proposed design, specifically the massing, bulk and forms meet the intent of these Design Considerations. Specifically, the forms, facade heights and setbacks reinforce, or generally enhance, the three - dimensional variations apparent in the built form along Bridge Street. In addition, Staff has analyzed the ratio of increased facade height to the width of Bridge Street (as an `outdoor room') and has found that the design continues to provide a comfortable enclosure, on average (i.e. facade is generally' /2 as high as the width of the space enclosed). Staff finds the proposal meets the street edge recommendations, which state that "placement of portions of a building at or near the property line is allowed and encouraged to give strong definition to the pedestrian streets." The awning over a portion of the outdoor dining area will provide further definition of the building as it relates to the public walkways. The design furthers the intent of the height recommendations "to encourage height and massing variety and to discourage uniform building heights along the street ", as the design provides further variation in height via the awning over the dining deck. The proposal complies with the recommendations on loading and delivery, as loading and delivery is not affected and will continue to occur in the underground loading and delivery bays at Mountain Plaza. The proposal complies with the sun /shade requirements that states that "all new or expanded building should not substantially increase the spring and fall shadow pattern (March 21 through September 23) on adjacent properties or the public ROW. Staff believes the proposed design, although increasing the shadow pattern slightly, meets the intent of this Design Consideration. The Vail Village Urban Design Guide Plan, while applicable, has no recommendations for this specific area. 5. The proposal substantially complies with all other elements of the Vail comprehensive plan. Staff finds that the proposal complies will all applicable elements of the Vail Comprehensive Plan, as outlined in Criteria #2 and #4. Further, Staff finds that the Town of Vail Page 11 proposal will comply with commercial linkage requirements and parking requirements, as follows: Employee Housing Provision Staff has reviewed the proposal for compliance with Chapter 12 -23, Commercial Linkage, Vail Town Code, and calculates the mitigation requirement for the proposed new restaurant at the Lodge at Vail as follows: Commercial Mitigation Calculation 716 sq. ft. net new floor area x 6.75 employees/ 1000 sq. ft. of new net floor area * 20% mitigation requirement = 0.97 employees Fee -in -lieu option: 0.97 employee mitigation requirement x $177,533 = $ 172,207.01 Deed restriction: A dwelling unit is being proposed to be deed restricted in Pitkin Creek in East Vail. Any unit to be deed - restricted needs to meet the minimum requirements below, with credit given for additional employees housed: Type of Unit Minimum Size (square feet) Number of Employees Housed Dormitory 250 1 Studio 438 1.25 One Bedroom 613 1.75 Two Bedroom 788 2.25 Three+ Bedrooms 1,225 3.5 Parking Mitigation: Staff has calculated the following changes to the parking requirement the Lodge at Vail, per Chapter 12 -10, Vail Town Code: New /Current Parking Requirement 482 square feet of net new seating area x 1 parking space/ 250 square feet= 1.928 spaces required = 2 spaces required. Both spaces are accommodated in the existing at grade parking lot, as shown on Page 13 of Attachment B. VIII. STAFF RECOMMENDATION The Community Development Department recommends approval, with conditions, of the request for a minor exterior alteration, pursuant to section 12 -7B -7, Exterior Alterations or Modifications, Vail Town Code, to allow for changes to an existing outdoor dining deck, located at 174 East Gore Creek Drive (Lodge at Vail) /Lots A, B, and C, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve this exterior alteration, the Community Development Department recommends the Commission make the following motion: Town of Vail Page 12 "The Planning and Environmental Commission approves a minor exterior alteration, pursuant to section 12 -7B -7, Exterior Alterations or Modifications, Vail Town Code, to allow for changes to an existing outdoor dining deck, located at 174 East Gore Creek Drive (Lodge at Vail) /Lots A, B, and C, Block 5, Vail Village Filing 1, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this exterior alteration and setback variance, the Community Development Department recommends the Commission approve the following conditions: "1. This approval is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 2. The applicant shall provide mitigation for 0.97 employees through a fee -in -lieu payment or deed restricted employee housing unit, per Chapter 12 -23, Commercial Linkage, Vail Town Code, prior to issuance of any certificate of occupancy (temporary or final)." Should the Planning and Environmental Commission choose to approve the exterior alteration, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: 1. That the proposed exterior alteration is in compliance with the purposes of the CC 1 district, as specified in Section 12 -7B -1, and 2. That the proposal is consistent with applicable elements of the Vail Comprehensive Plan, and 3. That the proposal does not otherwise negatively alter the character of the neighborhood." IX. ATTACHMENTS A. Vicinity Map B. Application Materials C. Architectural Plans Town of Vail Page 13 Vail Village Filing 9, Block 5C, Lots A, B & C (974 Gore Creek Drive - Lodge at Vail) ZN I Lodge at Vail Tom. - -: — . (j , ' 1 -� ' ISKA I � +' z Y '► y f: Feet 0 50 100 200 Thls map was createtl bythe Town of Vail GIS Team. U � of ihls map 5ioultl be for general purposes only- The Tov�n of Vail tloes not v�arraM the ecairacV oithe information mnteinetl herein. (where shown, parcel line vwrk is approximaleJ Last Modified: June 8, 2011 Tf1NNf& Exterior Alteration Modifications to an Existing Outdoor Dining Deck May 16, 2011 rev. May 23, 2011 u Mauriello Planning Group Project Overview The Lodge at Vail and Rock Resorts, Inc., represented by Mauriello Planning Group, is requesting an Exterior Alteration, in accordance with Section 12 -713-7: Exterior Alterations or Modifications, to allow for the modification of an existing outdoor dining deck, located at 174 E Gore Creek Drive. More specifically, the Wildflower Restaurant and Mickey's Bar at the Lodge at Vail will become a new restaurant. As part of the conversion into this new restaurant, an awning will be added to a portion of the existing outdoor dining deck and some other minor modifications to the deck will be included. The modification of an existing outdoor dining deck is considered an Exterior Alteration subject to review by the Planning and Environmental Commission. The existing patio contains 1,241 sq. ft. of outdoor dining area. The applicant is proposing to provide an awning over approximately 554 sq. ft. of the existing patio, while maintaining the remaining area as open -air. There are slight modifications to the area of the existing patio which impact some existing landscape area. However, the sq. ft. of landscape area that will be removed will be replaced at a 1:1 ratio. A new fence will be added around the entire patio, along with fencing to define the patio area that will be underneath the awning. The proposed awning is a black canvas awning with tan canvas screens that can be dropped down in inclement weather, but which will be retracted when the weather allows. The sides will only be used 6 months of the year and remain open in the summer months. The awning will be supported with black tubesteel columns. The awning will be attached to the existing roof and appear integral with the structure. Zoning Analysis The Lodge at Vail is zoned Commercial Core 1 (CC1). Eating and Drinking Establishments are a permitted use in this zone district. There are some interior modifications to the existing Wildflower Restaurant and Mickey's Bar, however, these interior modifications do not require Planning and Environmental Commission approval and are instead reviewed at the staff level. j � I 1 obb so The modifications to the existing outdoor dining deck are considered an Exterior Alteration, which does require Planning and Environmental Commission approval, but have limited effect on the zoning standards of the CCI Zone District, except landscape area, parking, and employee housing. The CC1 Zone district states the following with regards to landscape area: Modifications to Outdoor Dining Deck 2 12- 78 -16: LANDSCAPING AND SITE DEVELOPMENT.• No reduction in landscape area shall be permitted without sufficient cause shown by the applicant or as specified in the Vail Village design considerations as adopted in section 12 -78 -20 of this article. As a result of this requirement, any landscape area which is to be removed shall be replaced so that there is no net loss of landscape area for this property. Because 196 sq. ft. of landscape area is proposed to be removed, 196 sq. ft. of landscape will be added. This is primarily accomplished by reducing the area of the uncovered patio to allow for additional landscape area. (Note: In the CC1 Zone District, patios are included in the calculation of site coverage but are not counted as landscape area, as they are in other zoning districts.) The following table is provided to further explain the area of the patio and landscape areas: Total Patio Area Existing: 1,241 sq. ft. Total Patio Area Proposed: 1,249 sq. ft. (includes 110 sq. ft. devoted to circulation) Area Beneath Awning: 554 sq. ft. Area Uncovered: 695 sq. ft. Area of Existing Landscape to be 169 sq. ft. Removed: (Parking Plan included on pg 13) Area of Additional Landscape Area 169 sq. ft. Proposed: In addition to the exterior modifications occurring, there are interior changes proposed which have an impact on the employee housing and parking requirements. Plans showing these modifications have been included in this submittal (pg 11 -12). The following table provides a summary of how the proposal meets the parking and employee housing requirements and includes both the exterior and interior changes: Standard New Floor Area Allowed Proposed Parking 482 sq. ft. 1 per 250 sq. ft. 2 spaces will be accommodated net new seating area 482/250 = 1.928 spaces (Parking Plan included on pg 13) required Employee 716 sq. ft. 6.75 emp per 1,000 sq. ft. * There is a deed - restricted unit that Housing net new floor area 20% mitigation was used to meet a VR employee housing requirement until First 6.75 * (716/1,000) * .2 =.97 Chair was completed. This unit will employees be used to fulfill this requirement with the remaining credits of the unit to be allocated to future projects. Modifications to Outdoor Dining Deck 3 Criteria for Review The CC1 Zone District provides the following statements for the review of an Exterior Alteration: Compliance With Comprehensive Applicable Plans: It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission that the proposed exterior alteration is in compliance with the purposes of the CC1 district as specified in section 12 -7B -1 of this article, that the proposal is consistent with applicable elements of the Vail Village master plan, the town of Vail streetscape master plan, and the Vail comprehensive plan, and that the proposal does not otherwise negatively alter the character of the neighborhood. Further, that the proposal substantially complies with the Vail Village urban design guide plan and the Vail Village design considerations, to include, but not be limited to, the following urban design considerations: pedestrian iza tion, vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, service /delivery and sun /shade analysis, and that the proposal substantially complies with all other elements of the Vail comprehensive plan. Compliance Burden: It shall be the burden of the applicant to prove by a preponderance of the evidence before the design review board that the proposed building modification is in compliance with the purposes of the CC1 district as specified in section 12 -7B -1 of this article; that the proposal substantially complies with the Vail Village design considerations, and that the proposal does not otherwise alter the character of the neighborhood. To provide an analysis of how this proposal complies with the above - mentioned criteria for review, each element of these statements (similar elements have been combined) have been listed below, and an analysis of compliance followed each element: 1. That the proposed exterior alteration is in compliance with the purposes of the CC1 district as specified in section 12 -713-1 of this article. Analysis: The purpose of the CC1 Zone District is as follows: 12 -7B -1: PURPOSE: The commercial core 1 district is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The commercial core 1 district is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The zoning regulations in accordance with the Vail Village urban design guide plan and design considerations Modifications to Outdoor Dining Deck 4 prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the village. The CC1 Zone District is clearly intended to protect the unique characteristics of the Village that make Vail Village iconic and unique. This includes a dominant focus on the pedestrian level, and encouraging activities and uses that create a lively and active pedestrian environment. The proposed modification to the existing outdoor dining deck clearly further these intentions by creating street life and enhancing the pedestrian and guest experience. 2. That the proposal is consistent with applicable elements of the Vail Village master plan, the town of Vail streetscape master plan, and the Vail comprehensive plan; Analysis: Each of these master plans provide guidance to development in Vail Village, each with an emphasis on a different element. Where these plans speak specifically to this property, or speak generally about applications such as these, the section of the plan has been provided, along with a brief analysis as to its applicability to the proposal. Vail Village Master Plan The Vail Village Master Plan provides guidance for the development and redevelopment of properties within Vail Village. While minor applications such as this modification to the outdoor dining decks are not necessarily specifically addressed, there are some applicable sections that I IdvC utn=[] Pluvlu Cu 6JCIUVV. w L � PAIL 3 I } 5 MR ONE. YA1t ► PLACE #3 -1 Lodge at Vail /International Wing Residential /lodging infill (with ground floor commercial). over International Wing with maximum of 3 stories. Impacts on views to the mountain from Eaton Plaza should be minimized and a plaza with greenspace area included. Commercial development on ground level to reinforce pedestrian activity and provide a sense of enclosure for Eaton Plaza. Additional development on this site may require significant upgrading to fire flow capabilities. Special emphasis on 1.2, 2.3, 2.4, 2.5, 2.6, 3.1, 5 1, 6.1. 1 The Vail Village Master Plan recognizes that this plaza area is appropriate for additional development on the ground level to encourage pedestrian activity. (Pg. 37, VVMP) This section refers back to certain objectives and policies to further guide development in this area. The follow sections are applicable to this application: Modifications to Outdoor Dining Deck 5 GOAL #5 INCREASE AND IMPROVE THE CAPACITY, EFFICIENCY, AND AESTHETICS OF THE TRANSPORTATION AND CIRCULATION SYSTEMS THROUGHOUT THE VILLAGE. Objective 5.1 Meet parking demands with public and private parking facilities Policy 5.1.1: For new development that is located outside of the Commercial Core I Zone District, on -site parking shall be provided (rather than paying lento the parking fund) to meet any additional parking demand as required by the zoning code. Objective 2.4: Encourage the deve €opment of a variety of new commercial activity where compatible with existing land uses. Policy 2.4.1: Commercial infill development consistent with established horizontal zoning regulations shall be encouraged to provide activity generators, accessible greenspaces, public plazas, and streetscape improvements to the pedestrian network throughout the Village. Policy 2.4.2: Activity that {provides night life and evening entertainment for both the guest and the community shall be encouraged. Each of these policies and objectives are furthered by this application. (Pg. 9, Pg. 13, VVMP) Streetscape Master Plan The Streetscape Master Plan provides specific recommendations for improvements to the public streets within Vail Village and recognizes that private property in this area is often perceived as being part of the public streetscape. This area adjacent to the Lodge at Vail is covered in the following graphics: a -• n-E' -DOGE AT VAIL = ..• LIl�i AI L.rr []L[} y i =Ji L11'l.h c:;- !IUW } . - .0 - h1.Ld5'� GUL1D DE TRRA.T.l: L17 r H THE LOUCE AT VJ Wl�J. RLt r� -" M1 _ - F'LA TFRS FOR L.••.ti:jJCAP (No tWL1L6 EG L`A uu3 x.K'J:J 5 4L'hrl m: P4"LE WAU 5TXEET' • RACMMD T3 ?LAWFA F.iiL - A.L:l ILT' 7i1.7�'L1'•_l: oR' UFLA •w a wrn i A FITi.% }'A tin • A= xX= 1LVtiAl F..AFIII}Y_: KY.KET5 5,} M Xp Q?1T.7_G OF Kl LE R Ft)fi 2n-E • The existing inventory recognizes improvements needed to be made to Wall Street. The vision outlined here has been realized by recent improvements to this area but no recommendations that affect the outdoor patio. (Figure 14, SMP) Modifications to Outdoor Dining Deck 6 71 .m.. • The existing inventory recognizes improvements needed to be made to Wall Street. The vision outlined here has been realized by recent improvements to this area but no recommendations that affect the outdoor patio. (Figure 14, SMP) Modifications to Outdoor Dining Deck 6 therefore have no impact on this application. (Figure 15, SMP) Vail Land Use Plan The Vail Land Use Plan generally defers to the above - mentioned plans to guide development in the Vail Village. However, the following goals are identified for Vail Village in the plan: 4. Village Core / Lionshead 4.1. Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2. Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. 4.3. The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality.) 4.4. The connection between the Village Core and Lionshead should be enhanced through: a. Installation of a new type of people mover. b. Improving the pedestrian system with a creatively designed connection, oriented toward a nature walk, alpine garden, and/or sculpture plaza. c. New development should be controlled to limit commercial uses. These goals are implemented with the proposed outdoor dining deck modification. (Pg. 6, VLP) Modifications to Outdoor Dining Deck The improvement plan for this area does not recognize that any improvements are necessary beyond the park improvements that have been completed and 3. That the proposal does not otherwise negatively alter the character of the neighborhood. Analysis: The proposal does not alter the character of the neighborhood. Restaurants with lively outdoor dining decks are prevalent through Vail Village and add life and activity at the pedestrian level. Similar awnings have been approved throughout the Village (some currently existing while others have been removed for major redevelopment.) Sweet Basil and Pepi's have both had awnings over portion of their outdoor dining decks, though in recent years have converted these to permanent indoor space. In addition, this location is somewhat off the pedestrian flow of the Village and does not have the visibility of other outdoor dining deck locations. 4. That the proposal substantially complies with the Vail Village urban design guide plan and the Vail Village design considerations, to include, but not be limited to, the following urban design considerations: pedestrian ization, vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, service /delivery and sun /shade analysis; Analysis: This proposal substantially complies with the applicable sections of the Vail Village Urban Design Guideline Plan. While some of the considerations are not applicable to the proposed modifications to the outdoor patio, there are many sections that speak specifically to outdoor patios and awnings. The sections are provided below, along with a brief analysis of GUI IIUI Id I IGC. C. STREETSCAPE FRAMEWORK To improve the quality of the walking experience and give continuity to the pedestrian ways, as a continuous system, two general types of improvements adjacent to the walkways are considered: 1. Open space & landscaping - berms, grass, flowers and tree planting as a soft, colorful framework linkage along pedestrian routes; and plazas and park green spaces as open nodes and focal points along those routes. 2. Infill commercial storefronts expansion of existing buildings, or new infill development to create new commercial activity generators to give street life and visual interest, as attractions at key locations along pedestrian routes. It is not intended to enclose all Village streets with buildings. as in the Core Area. Nor is it desirable to leave pedestrian streets in the open and somewhat undefined condition evident in many other areas of Vail. Rather, it is desired to have a variety of open and enclosed spaces both built and landscaped, which create a strong framework for pedestrian walks as well as visual interest and activity. The Urban Design Guide Plan encourages activity generators that will provide street live and visual interest at the pedestrian level. Outdoor patios are a key factor in this goal. (Pg. 4, UDGP) Modifications to Outdoor Dining Deck 8 When exceptions to the general height criteria occur, special design consideration should be given to creating a well - defined ground floor pedestrian emphasis to overcome the canyon effect. Canopies, awnings, arcade and building extensions can al€ create a pedestrian focus and divert attention from upper building heights and 'carryon' effect. For other considerations on building massing, see: Building Height Sun /Shade Views Street Edge T ` F&+* efx fh+ 4 G ew m and raUrfA The Urban Design Guide Plan encourages canopies and awnings to create a pedestrian focus and change the perception of building height. (Pg. 6, UDGP) Materials Stucco. brick. wood (and glass) are the primary building materials found in the Village. While not wishing to restrict design freedom over -much. existing conditions show that within this small range of materials -much variation and individuality are possible while preserving a basic harmony. Too many diverse materials weaken the continuity and repetition, which unifies the streetscape. Generally, to avoid both "busyness'. and ,eak visual interest. the variety of major wall colors (and materials — excluding glass) should not exceed four nor be less than t.o. A colorlmaterial change between the ground floor and the upper floors is a common and effective reinforcement of the pedestrian scale of the street. Of the above materials, stucco is the most consistently used material. Most of the buildings in the Village exhibit some stucco, and there are virtually no areas where stucco is .entirely absent. It is intended to preserve the dominance of stucco -by its -use in portions, at least, of all new facades, and by assuring that other materials are not used to the exclusion of stucco in any sub -area within the Village. Color The intent of these regulations regarding color shall be to provide greater latitude in the use of color in Vail Village in order to create visual interest and to enliven the area. Colors used should retain a discernible consistency within a general range of colors relating v. to the colors found in the surrounding mountain backdrop of Vail. but need not be specifically found in that environment. All colors used shall relate to the colors of the natural materials found on the buildings like wood tones, slate roof colors, stone colors and the like. Additionally all building colors shall work with the colors of the buildings in proximity as well as with all natural landscape materials found nearby While there is no restriction per se on specific hues, primary colors of high chroma shall not be used on building surfaces but can be used in a limited fashion for accents. Body colors. both siding and stucco, shall be rich and lively but must be less chromatic shades, which relate to natural colors and can be either light or dark. All stucco shall have a flat finish. High chroma colors can be used for signage . accents. doors, canopies. wall graphics and other similar elements as long as they do not dominate either the building they are used on. the adjacent buildings, or the streetscape (see E. Accent Elements). The color schemes for all properties shall be considered on a case -by -case basis. (Res 21 (2005) F 1 000) E m mi, its In I The Urban Design Guideline Plan recognizes that while most materials in the Village are stone, stucco, and wood, in earth -tone colors, it also clearly recognizes that canopies and awnings are an important ingredient in the urban fabric and that these may be of materials and colors different from those found on the buildings themselves. (Pg. 14, UDGP) Modifications to Outdoor Dining Deck DECKS AND PATIOS Dining decks and patios, when properly designed and sited, bring people to the streets, opportunities to look and be looked at, and generally contribute to the liveliness of a busy street, making a richer pedestrian experience than if those streets were empty. A review of successful decks /patios in Vail reveals several common characteristics: - direct sunlight from 11:00 - 3:00 increases use by many days /year and protects from wind - elevated feet to give views into the pedestrian walk (and not the reverse) - physical separation from pedestrian walk of to (planter better than a wall) overhang gives pedestrian scale) shelter. Decks and patios should be sited and designed with due consideration to: sun - views wind - pedestrian activity e uraan ueslgn uume clan clea •bBlc�ay !:r b(�, �irerfl>a+'� recognizes the importance of outdoor dining decks, and recognizes that "umbrellas or other elements for color and scale." (Pg. 19, UDGP) ACCENT ELEMENTS The life and festive duality of the Village is given by judicious use of accent elements which give color, movement and contrast to the Village. Colorful accent elements consistent with existing character are encouraged, such as: Awnings and canopies - canvas, bright color or stripes of two colors. Flags, banners - hanging from buildings, poles, and even across streets for special occasions. Umbrellas - over tables on outdoor patios. Annual color flowers - in beds or in planters. Accent lighting - buildings, plazas, windows, trees (even Christmas lights all winter). Painted wall graphics - coats of arms, symbols, accent compositions, etc. Fountains - sculptural, with both winter and summer character. LANDSCAPE ELEMENTS Landscape considerations include, but go beyond, the placement of appropriate plant materials. Landscape considerations include: - plant materials - paving - retaining walls - street furniture (benches, kiosks, trash, etc.) - lighting - signage The Urban Design Guide Plan recommends canvas awnings and canopies to provide interest movement, and contrast to the Village. (Pg. 21, UDGP) Modifications to Outdoor Dining Deck 10 Floor Plans for Parking and EHU Analyses SEATING FLOOR AREA= PARKING EXISTING SEATING FLOOR AREA= PARKING PROPOSED IL r � x M IOMSEA7N R"AFSA U13SF \\\ I C L O TJ I vtJ 91- AIiDA RfD11(YD AVI 5/ Modifications to Outdoor Dining Deck 11 OWW ROORMFA LM SP MM ((SLAW WII NET FLOOR AREA= EMPLOYEE HOUSING EXISTING CST - NEi FIVVR NttA 3.161 SF \\\� CUCI MSTA~ NET FLOOR AREA EMPLOYEE HOUSING PROPOSED TOTAL hV FLOOR AMA 4 I Sr \\\\ - ;U - VL UI P++EIWR 3 1 F 5 /6F _ PREAREOLCED 24 SF Modifications to Outdoor Dining Deck 12 Parking Plan Noon I ; -' , I s. rrdn I If � rr additional Parking Spaces x tl � � 11'' q ds 9� r 'oil I Modifications to Outdoor Dining Deck 13 Adjacents VAIL CORP THE FIXED ASSETS DEPARTMENT 390 INTERLOCKEN CRESCENT STE 1000 BROOMFIELD, CO 80021 CHALETS AT THE LODGE AT VAIL LLC VAIL RESORTS MANAGEMENT CO 390 INTERLOCKEN CRESCENT STE 1000 BROOMFIELD, CO 80021 The Chalets at the Lodge at Vail Homeowners Association, Inc. Chris LaCroix c/o Garfield & Hecht, P.C., 601 E. Hyman Avenue, Aspen, CO 81611 The Chalets at the Lodge at Vail Homeowners Association, Inc. 390 Interlocken Crescent Broomfield, CO 80021 WALL STREET BUILDING CONDOMNIUM ASSOCIATION. JOHN W. DUNN 108 S FRONTAGE RD W STE 300 VAIL, CO 81657, United VAIL FIVE K, LTD 303 STRATFORD LN LA REDO, TX 78041 RIVA RIDGE (NORTH) CHALETS CONDOMINIUM ASSOCIATION PAUL BREITENWISCHER PO BOX 2631 VAIL, CO 81658 RIVA RIDGE (SOUTH) CHALETS CONDOMINIUM ASSOCIATION TIM D HARGREAVES 74 WILLOW ROAD VAIL, CO 81657, United States PLAZA LODGE ASSOCIATES, LLC Jay K Peterson P.O. 425 Wolcott, CO 81655 THE LODGE SOUTH CONDOMINIUM ASSOCIATION, INC. DOWLING, HEBE S. STANLEY P. COPE 1700 TREASURE LN 200 VAIL RD PO BOX 1835 VAIL, CO 81657 BOCA GRANDE, FL 33921 ONE VAIL PLACE CONDOMINIUM ASSOCIATION TEAK SIMONTON PO BOX 3965, 287 Castle Peak Rd., EAGLE, CO 81631 TOWN OF VAIL FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 PLAZA LODGE ASSOCIATES LTD ONE PO BOX 5664 VAIL, CO 81658 JAWS LLC ALEXANDER HOERLE 108 E 91ST 3B NEW YORK, NY 10128 WOODS, MATTHEW G. - ETAL 606 CLIFFGATE LN CASTLE ROCK, CO 80104 GORSUCH RANCH FAMILY PARTNERSHIP LLLP 263 E GORE CREEK DR VAIL, CO 81657 THE LAZIER - ARCADE CONDOMINIUM ASSOCIATION, INC. WOODS, SARAH E. & MATTHEW G. - RANDAL H. WOODS QPR TRUST 606 CLIFFGATE LN CASTLE ROCK, CO 80104 TANG, OSCAR L. 551 FIFTH AVE 33RD FL NEW YORK, NY 10176 YOUNG, SHIRLEY DAVID HSIEH 142 DEL MONTE DR WALNUT CREEK, CA 94595 SITZMARK AT VAIL INC 183 GORE CREEK DR VAIL, CO 81657 Gore Creek Plaza Condominium Association Stephen L Stafford PO Box 2264 Edwards, CO 81632 THE LODGE APARTMENT CONDOMINIUM ASSOCIATION, INC. JAMES S. BAILEY 1660 LINCOLN ST STE 3175 DENVER, CO 80264 BELLTOWER CONDOMINIUM ASSOCIATION Steve MacDonald c/o Vail Mangement Company PO Box 6130 Avon, CO 81620, United States BELLTOWER 201 LLC TEXIE LOWERY 15 LYNN RD ENGLEWOOD, CO 80113 WILHELMSEN LLC 201 E GORE CR DR C2 VAIL, CO 81657 BELLTOWER PARTNERS LTD MACFARLAN CAPITAL PARTNERS 8343 DOUGLAS AVE STE 200 DALLAS, TX 75225 SERENITY LLLP PO BOX 5000 VAIL, CO 81658 -5000 STAUFER, HERMANN PO BOX 5000 VAIL, CO 81658 -5000 Modifications to Outdoor Dining Deck 14 SEATING FLOOR AREA= PARKING EXISTING SEATING FLOOR AREA= PARKING PROPOSED om W 1 r r p �J I.M7 &F C � � T7{ U T Ip 695 SF TOTAL SEATING FLOOR AREA 3273 SF NEW AREA 355 SF COVERED PATIO 559 SF =AREA REDUCED 491 SF NET FLOOR AREA= EMPLOYEE HOUSING EXISTING M NET FLOOR AREA NET FLOOR AREA EMPLOYEE HOUSING PROPOSED MIN 7f SF TOTAL NET FLOOR AREA 4.480 SF NEW A 7 SF COVERED PATIO 559 SF AREA REDUCED 24 SF 1.967 SF - -SF u L� 1x15 �z }.xil I �L\\�\ EkT, PATi &T2 SF k � 1 GRAPHIC STANDARDS STRUCTURAL GRID WINDOWIDENTIFICATION OO,. —wwogx -- -- cowmxxl' =1haE c�clo DooR IOENTIFICnnoN rrP NOTE IOENnFlcnnoN ROOM­ACE IDENTIFICATION � E1N.11F1' EL Po. INTERIORR ELEV ATIO x I DE N T IF ICA TIO N 0 ox srv[[rrvumeex F F_ cemowee E.m EXTERIOR ELEVATION IDENTIFICATION --NI P'a �— s DE xumcFx x r � sy X n mm IL SE CTION .—I LA ono- ING DR82S DETAILS N/A X PROHECT NORTH W IN xlNW IDENTIFIC x x - srv[[rrvumeex F-1 cro°11° Pi ° °rer x ° � TIFICATION � x 5 em sx¢rxumxw x E l ETA IDENTIFICATION! VIII II nxuaance v� -- sx[[rxuma[A AR TYPE IDE TIFICATION ACOUSTIC PARTITION T'SPE IDENTIFINATMIR P, IAE NN PROPOSED PERSPECTIVE VIEW WILDFLOWER RENOVATION THE LODGE AT VAIL w mr� . 711 ' 174 East Gore Creek Drive Vail, CO 81657 DRB AWNING REVIEW May12, 2011 OWNER STRUCTURAL LIGHTING xEN CRESCENT NsTREET LES�iCC TCRT lNs SCULKER CO IENNERIF ELI CO ­1 SUTE 'D ARCHITECT MECHANICAL L LANDSCAPE N FA EAA S AR 'PD' LAR I"ER STREET KITCHEN DESIGNER ELECTRICAL CIVIL FIRE PROTECTION ALPINE ENOINEERINO INC DRAWING INDEX j[:LH:�:RIPH.0 SCALE D1- GENERAL DR8T.1 COVER N/A X D7 LANDSCAPE ARCHITECTURE L1 LANDSCAPE PIN 1/0" X D9 ARCHITECTURE DR82.1 PLANS 110" X DUB . ELEVATIONS 110" X DR82S DETAILS N/A X PROHECT NORTH BUILDING AND CODE INFORMATION OCCUPANCY. A -2 CONSTRUCTION TYPE'. VA SPRINKLEREU ALLOWABLE SQUARE FOOTAGE. - AUTO WABLE SOUARE FOOTAGE . - ALTO WABLE SOUARE FOOTAGE . - ALLOWA8LE BUILDING HEIGHT . - ALLOWABLE BUILDING HEIGHT. - ALLOWA8LE BUILDING HEI GET . - BU LD IN CONSTRUCTION EXTERIOR BEARING WALLS 1 HE INTERIOR BEARING WALLS 1 HE EXTERIOR NON - BEAR 'G WALLS 1 HE STRUCTURALFRAME N.R.1 HE PARTITIONS (PERMANENT) N.R. SHAFT ENCLOSURES N.R. FLOORS- CEILINGS/ROOFS 1 HE ROOFS - CEILINGS /ROOFS 1 HR STA IRWAYCONSTRUCTION SHE EXTERIOR DOORS &WINDOWS N.R. (NOTPERMITTED< 5, PROTECTED <1 D') SUPPRESSION SYSTEM - FIRE SPRINKLEREU PLUMBING FIXTURE COUNT. BE PLUMBING DRAWINGS BUILDING CODES 2999 INTERNATIONAL 8UILUING CODE (18C) 2999 INTERNATIONAL MECHANICAL CODE 2999 INTERNATIONAL FUEL AND GAS CODE 2999 INTERNATIONAL PLUMBING CODE 2999 INTERNATIONAL FIRE CODE 2990 NATIONAL ELECTRICAL CODE 2999 INTERNATIONAL ENERGY CONSERVATION CODE S Ar - 0 1 =1 AUJIFURI 3003 Lanmer Street Denver, Colorado 80205 phone 303.861.5704 Z 0 J > D 0 F-- N ED LLJ Q CC W U OC) CC o C) W (D _ 0 O 5 LU LL LL r r J 9 i PROD. 10. 511 040.00 DRAWN. A rNOr CHECKED. CN k APPROVED. Approver DATE. May12,2D11 REVISIONS O OZ ARCHITECTURE WILDFLOWER RENOVATION THE LODGE AT VAIL DRB AWNING REVIEW SHEET TITLE. COVER SCALE. 1'.1 SH EETNUMBER DRBT.1 I aa9WnN133HS vas Wd 3dV0S0NV1 auu —3 no—nn 3au�iHaxvzo l loZ '9.U.r srvo� — a 'a3noaaaa aHNaHHa wnvaa oN road A = T m m0 r� _. 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EX BT ND PROPOSED RCP 5 1-11 ATRIUM DINING 0 BAR SEATING 0 LOUNGE 0 II \ � I RB- \ \ CRE rCAP lAW- IM � 1 1 EXI BTI RAIN INLET TO A „E, �N,sGPETO BE PEB l \ \\ B P, A Mo� LEVEL 1— PROPOSED PLAN PROPOSED PLAN 2 ,e_,o S Ar - 0 1 m- NNCNIi EAK 3003 Larimer Street Denver, Colorado 80205 phone 303.861.5704 ❑ CASUAL DINING 1ASHING = 9 GREASE O KIT N ATRIUM DINING 0 BAR SEATING 0 LOUNGE 0 II \ � I RB- \ \ CRE rCAP lAW- IM � 1 1 EXI BTI RAIN INLET TO A „E, �N,sGPETO BE PEB l \ \\ B P, A Mo� LEVEL 1— PROPOSED PLAN PROPOSED PLAN 2 ,e_,o S Ar - 0 1 m- NNCNIi EAK 3003 Larimer Street Denver, Colorado 80205 phone 303.861.5704 ❑ z O _J Q > EXISTING ROOF PLAN > O W Q 2 c_° CC W CC C3 U G O o OU W C7 - -- DO W W> LL _ EXIST G II J MICKEY II e _ EXISTING ❑ WILDFLOWER �REM.VE, scAPETOBE DEC, NO. 511040.00 RESTAURANT DRAWN'. Author CHECKED'. Checker 2 B22 \ APPROVED. Approver \ DATE'. MaY12,2011 —PET. BE REVISIONS REMOVE, EBT ENTRY ❑ EXXT IB. -T,..R PAT. / O OZ ARCHITECTURE REMOVE, scAPE TO BE - - -- WILDFLOWER RENOVATION THE LODGE AT VAILOR. DRR AWNING REVIEW CUCINA RESTAURANT \ l \ SHEET TITLE. PLANS .TET.TALLAM,BBAPERE-E,IB,RSBE O LEVEL I — EXISTING PLAN SCALE Asltli 1 SHEET NUMBER DRB2.1 1 ' 4 0' 1 6' PROPOSED ROOF PLAN 4 ,a_,o EXTERIOR MATERIAL LEGEND ® SHINGLEFWF HE 0 FEInnIN INDOw To BIT BBTUCCOFINIBN 1 To MnTCN Ex BTNB Ex BT CR \ 7 EXISTING PERSPECTIVE POW TAN N— K —NBAN— ICA ToE EE 1 0C AK _ wB CxCaNVaBawNIN BE.- CAlWEWE NlOT ! — — — — - TAC aB a powN wwNpowTO aTB — — — — — — — — — el z PANELS ExBTNBT TO'A'' Ep „ BEAM M — — - — - — BE a H'E P OIIIOV[IIII VI VIIIIII.I D� oo4el _ :II 1111 — � — _ � Level i _® ,oD D" O PROPOSED EAST ELEVATION 2A WITTED CONDITIONS. CANVAS SCREENS DOWN FTT Fri TTT1111111 —T — ,,,," 112 Pe LL I III I — {{ iiuoutl�fiuui ii uiiu�i' li vel,� O PROPOSED SOUTH ELEVATION 1A WINTER CONDITIONS. CANVASSCREENS DOWN _ _ Level2 12 p el Leve Be ' B O PROPOSED SOUTH ELEVATION 2 0 SPRING, SUMMER & FALL'. CANVAS SCREENS RETRACTED 8 m I I ITT I 11 111111 m= ExBTN.BTTCCo 8 Ex BFNG wCOD " LZ_el J BNANE -1 ti m�w� EXISTING EAST ELEVATION O PROPOSED SOUTH ELEVATION 1 I " SPRING, SUMMER & FALL'. CANVAS SCREENS RETRACTED EXIBTI To BE FEInovED I Ex BT NG B OOR TO BE evel 2 — — — — — 112' - p" el T _ BEnIn kH7 1 1771 — Level, EXISTING SOUTH ELEVATION 1 ' 4 0' 16 S Ar - 0 1 m- NNCNIi EAK 3003 Lorimer Street Denver, Colorado 80205 phone 303.861.5704 Z 0 \ � J > / > 0 0~ (DED Lu Q CC W U 0c) CC o W o _ O w W LL _ J i PROD. NO 511040.00 DRAWN'. ANN., CHECKED. Ch ker APPROVED. App—, DATE Mr,yl 2,2 11 REVISIONS O OZ ARCHITECTURE WILDFLOWER RENOVATION THE LODGE AT VAIL DEB AWNING REVIEW SHEET TITLE ELEVATIONS SCALE. As lr,tlioaretl SH EET NUMBER DRB2.2 1 9 PERSPECTIVE 1A WINTER CONDITIONS. CANVAS SCREENSDOWN PROPOSED PERSPECTIVE SPRING, SUMMER &FALL. CANVASSCREENSRETRACTED AWNING SPECIFICATION Fabric: Specify type and /or brand. CANVAS - Woven acryl is fabric is U.V. and mi Idew resistant and water repellent. Available in solid colors and striped patterns. Some solids and patterns available in a flame resistant series. VINYL - Laminated or coated polyester fabric is U.V. and mildew resistant and water repellent. Available in solid colors and with protective coatings. Also available in translucent colors for backlighting. Most vinyl fabrics are flame resistant, consult factory. Frame: STEEL - Galvanized square and rectangular ASTM A -500 steel tube with smooth, clear polymer finish. Connections are welded and coated with rust inhibitive paint to match galvanized finish. Fabric attaches to frame either by lacing, tec screws or C- molding. Mounting: Awning and canopy frames are furnished with wall brackets for mounting to masonry, wood and E.I.F.S. Canopies are furnished with galvanized square steel tube posts. Specify post flange or sleeve and footer. T' 11 � 11111 11 1 --- Heoort;umNSCErru . da r�soro��- »�._ -s.» r ._._ *7 LndCHif hICUMING LtiT lL r e �cesa HEAD .M7UNnI_W^ PURL_.. HEpLJMtlLMIrGLETaL �,. CHARCOAL TWEED CANVAS ROOF ORNAMENTAL FENCE SPECIFICATION EverDurTM Ornamental Aluminum Fencing Pickets: % inch square, 0.062 inch wall, typ. Rails: 11/8 inch x 1'/< inch U- Channel, 0.100 inch wall sides & top, typ. Posts: 2 inch square, 0.125 inch wall, with flat caps, typ. Gate Posts: 3 inch square, 0.125 inch wall, with ball finials, typ. Rail Joint: External Bracket, typ. Picket Attachment: Industrial drive rivets, typ. Aluminum Alloy: 6063 -T6, typ. Coating: Powder Coating, AAMA compliant 2604 -05, typ. Footings: Concrete, %" aggregate, typ. * All EverDurTM ornamental fencing is manufactured and installed exclusively by Perfection Fence Corp. BLACK HAMMER POWDER COAT FINISH FOR METAL FENCE CONCEPT FENCING IMAGE Z 0 � J � > > D 0 F- N _ID W Q CC W 0 � CC o 0 W 0 C7 U D O 5> W J HEATHER BEIGE CANAS REMOVABLE SIDES BLACK HAMMER POW- DER COAT FINISH FOR METAL FRAME DEC, NO. Ill "1.11 DRAWN'. ALN., CHECKED'. checker APPROVED. Approver DATE M yl 2, 2D11 RE-IONS o OZ ICHITEDTURE WILDFLOWER RENOVATION THE LODGE AT , VALOR DEB AWNING REVIEW SHEET TITLE. DETAILS SCALE SHEET NUMBER DRB2.3 EXISTING PERSPECTIVE OF WILDFLOWER EXISTING PERSPECTIVE OF WILDFLOWER CONCEPT OF PROPOSED AWNING DESIGN PROPOSED PERSPECTIVE OF WILDFLOWER RENOVATION TOWN OF 0 ) VAIL TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 13, 2011 Memorandum SUBJECT: A request for the review of an appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Administrator's interpretation of Chapter 12 -15, Gross Residential Floor Area (GRFA), Vail Town Code, related to the calculation of gross residential floor area on the lowest level of a structure that contains a garage, and setting forth details in regard thereto. Appellant: Kathy Langenwalter, Peel /Langenwalter Architects Planner: Bill Gibson I. SUBJECT OF THE APPEAL The appellant, Kathy Langenwalter of Peel /Langenwalter Architects, has filed an appeal of the Administrator's interpretation of Chapter 12 -15, Gross Residential Floor Area (GRFA), Vail Town Code, related to the calculation of gross residential floor area on the lowest level of a structure that contains a garage. As stated in the submitted appeal, the appellant contends that "the method used by the planning staff for applying GRFA exclusions is not in accord with the process outlined in the zoning regulations." II. ADMINISTRATOR'S INTERPRETATION Section 12 -15 -3, Definitions, Calculations, and Exclusions, Vail Town Code, states (in part): 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. Staff interprets Section 12 -15 -3, Definitions, Calculations, and Exclusions, Vail Town Code, such that the floor area of a garage on the lowest level of a structure is deducted from the total GRFA square footage calculation utilizing the "enclosed garage area" deduction and that same floor area of the garage in not deducted a second time from the total GRFA square footage calculation by utilizing the "basement" deduction. Staff does not interpret the code to allow the same portion of a home to be deducted multiple times from the calculation of GRFA. Staff's interpretation is based upon the adopted language of Ordinance No. 14, Series of 2004, and Town Council policy direction associated with the adoption of that ordinance. III. PLANNING AND ENVIRONMENTAL COMMISSION JURISDICTION Pursuant to Sub - section 12- 3 -313-1, Appeal of Administrative Actions; Authority, Vail Town Code, the Planning and Environmental Commission has the authority to hear and decide appeals from any decision, determination or interpretation by any Town of Vail administrative official with respect to the provisions, standards, and procedures of the Title 12, Zoning Regulations, Vail Town Code. IV. PROCEDURAL CRITERIA FOR APPEALS Pursuant to Sub - sections 12- 3 -313-2 and 12- 3 -313-3, Appeal of Administrative Actions; Initiation and Procedures, Vail Town Code, there are three basic criteria for an appeal: A. Standing of the Appellant The appellant has standing to initiate this appeal as an "aggrieved or adversely affected person" as outlined in Section 12 -3 -3, Appeals, Vail Town Code. B. Adequacy of the Notice of Appeal The appeal was noticed in accordance with the procedures outlined in Section 12 -3 -3, Appeals, Vail Town Code. C. Timeliness of the Notice of Appeal The appeal was initiated within the time limits prescribed by Section 12 -3 -3, Appeals, Vail Town Code. The appeal was noticed in accordance with the timelines outlined in Section 12 -3 -3, Appeals, Vail Town Code. V. REQUIRED ACTION OF THE PLANNING AND ENVIRONMENTAL COMMISSION The Planning and Environmental Commission shall uphold, overturn, or modify the administrator's interpretation of Chapter 12 -15, Gross Residential Floor Area (GRFA), Vail Town Code, related to the calculation of gross residential floor area on the lowest level of a structure that contains a garage, and setting forth details in regard thereto. Sub - section 12- 3 -313-5, Findings, Vail Town Code, details the requirements for action by the Planning and Environmental Commission as follows: "The Planning and Environmental Commission shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Title have or have not been met." Town of Vail Page 2 VI. NATURE OF THE APPEAL The appellant and Staff have differing interpretations of Section 12 -15 -3, Definitions, Calculations, and Exclusions, Vail Town Code, related to the procedures for calculating GRFA for a building with a garage on the lowest level. Staff interprets Section 12 -15 -3, Vail Town Code, such that the floor area of a garage on the lowest level of a structure is deducted from the total GRFA square footage utilizing the "enclosed garage area" deduction and that same floor area is not then deducted a second time from total GRFA square footage utilizing the "basement" deduction provision. Staff does not interpret the code to allow a garage to be deducted multiple times from the calculation of GRFA square footage. The appellant interprets Section 12 -15 -3, Vail Town Code, such that the floor area of a garage on the lowest level of a structure is deducted from the total GRFA square footage utilizing the "enclosed garage area" deduction and then that same floor area is deducted a second time utilizing the "basement" deduction provision. The Appellant interprets the code to allow a garage to be deducted multiple times from the calculation of GRFA square footage. Based upon the submitted letter and appeal form, the appellant is not appealing Staff's interpretation of Section 12 -15 -3, Vail Town Code, that the floor area of crawlspaces, attic spaces, or employee housing units located on the lowest level are not deducted a second time from the calculation of GRFA square footage by utilizing the basement deduction. Based upon the appellant's letter dated April 20, 2011 and the attached appeal form, Staff has identified the following items as the nature of this appeal: • The appeal has been filed because Staff's interpretation affects the development rights of clients. • The appeal contends that the calculation method used by Staff is not in accord with the zoning regulations. • The appeal contends that the same development rights are not afforded to neighbors. Staff's response to the appeal: • The appeal process is not intended to grant exceptions to, or change, the provisions of the Vail Town Code through re- interpretation. The appeal process is not intended to bypass the variance or town code amendment processes. Town of Vail Page 3 • Staff's interpretation of the Vail Town Code is consistent with the adopted language of Ordinance No. 14, Series of 2004, and policy direction of the Town Council from the review of that ordinance. • By their very nature zoning regulations may not be equitable, and that is the purpose for having a variance process in the town code. The Town Council took into account the different effects of the GRFA regulations during their deliberations of ordinance No. 14, series of 2004. • Staff has consistently applied the same interpretation of the town code since the adoption of Ordinance No. 14, Series of 2004. • Until the filing of this appeal, Staff has not received any public comment indicating that homes in Vail are too small or that the basement deduction GRFA calculations are too restrictive. VII. DISCUSSION ITEMS ITEM 1: THE APPEAL HAS BEEN FILED BECAUSE STAFF'S INTERPRETATION AFFECTS THE DEVELOPMENT RIGHTS OF CLIENTS. The appellant's April 20, 2011 letter states: "As an architect recently working on 3 different projects with the TO V, it has come to my attention that the method used by the planning staff for applying GRFA exclusions is not in accord with the process outlined in the zoning regulations. While this does not affect my personal property, it does affect our work and the development rights of our clients. Therefore, 1 am filing this appeal to the PEC regarding the method used by the planning staff to determine GRFA exclusions for basements and enclosed garages when the garage is located on the lowest level of a structure. Attached is the Appeal Form with the attached submittal requirements as well as diagrams to help explain the purpose of the appeal." The submitted appeals form states: "This appeal concerns the difference between the plain written language of the GRFA ordinance and the method by which the planning staff applies the ordinance. Specifically, the ordinance states that all floor area on all levels shall be calculated and then the listed exclusions are to be calculated from that total." ITEM 1 STAFF RESPONSE: THE APPEAL PROCESS IS NOT INTENDED TO GRANT EXCEPTIONS TO, OR CHANGE, THE PROVISIONS OF THE VAIL TOWN CODE THROUGH RE- INTERPRETATION. THE APPEAL PROCESS IS NOT INTENDED TO BYPASS THE VARIANCE OR TOWN CODE AMENDMENT PROCESSES. Based upon Staff's discussions with the appellant, the referenced clients would like to construct residential additions; however, these desired additions exceed Town of Vail Page 4 the allowable GRFA limits prescribed by the Vail Town Code. Staff believes there are no less than four options available to address this scenario: • Change the design of the additions to comply with the GRFA limits. • Request a variance from the GRFA limits. • Propose an amendment to the GRFA regulations. • Appeal Staff's interpretation of the GRFA regulations. Reducing the size of a proposed addition to comply with the GRFA limits of the Vail Town Code, while being consistent with the community's development objectives and equitable with other property owners in Vail, may not achieve the outcome desired by the clients. Applications may be submitted for a variance from the GRFA regulations. However, few GRFA variances have been approved since the Town's adoption of the 250 Ordinance and the Interior Conversion additional GRFA provisions in 1995 and 1997. In 2004, the Town Council rejected the notion that any loss of development potential from the 2004 GRFA amendments would justify a variance (page 3, July 6, 2004 Town Council memorandum). Applications may be submitted to amend the Vail Town Code. Such a proposal has an application fee of $1,300 and as demonstrated by the 21 month review of the last amendments to the GRFA regulations (Ordinance No. 14, Series of 2004); significant time may be associated with an application to amend the Vail Town Code. Additionally, an amendment application must be reviewed by both the Planning and Environmental Commission and the Town Council. An appeal of the Administrator's interpretation of the GRFA regulations has no application fee and may only require a single public hearing before Planning and Environmental Commission. Staff does not believe the appeal process is intended to grant exceptions to, or change, the provisions of the Vail Town Code through re- interpretation. Staff does not believe the appeal process is intended to bypass the variance or town code amendment processes. ITEM 2: THE APPEAL CONTENDS THAT THE CALCULATION METHOD USED BY STAFF IS NOT IN ACCORD WITH THE ZONING REGULATIONS. The appellant's April 20, 2011 letter states: "As an architect recently working on 3 different projects with the TO V, it has come to my attention that the method used by the planning staff for applying GRFA exclusions is not in accord with the process outlined in the zoning regulations. " The submitted appeals form states: "This appeal concerns the difference between the plain written language of the GRFA ordinance and the method by which the planning staff applies the Town of Vail Page 5 ordinance. Specifically, the ordinance states that all floor area on all levels shall be calculated and then the listed exclusions are to be calculated from that total. The list of eight GRFA exclusions includes enclosed garage area as well as basements. These are listed as two separate exclusions to be deducted for a garage located on the lowest level of a structure. In this type of construction they exclude the garage area from the basement deduction and apply it on to what they term GRFA or livable area. " The submitted appeals form states: "The diagram titled `Lowest Level Floor Plan House A' show two floor plans for the lowest level of `House A'. The floor plan and calculations on the left show how the staff determines the GRFA exclusions when a garage is located at the basement level of a structure. Simply stated, they do not allow the basement exclusion for the garage floor area although it is set back into the hillside." The submitted appeal form states: "The planning staff's reasoning for disallowing the basement exclusion for garage area is that a floor cannot have more exclusions that it has floor area. However, the ordinance clearly addresses what may or may not be included in figuring both enclosed garage area and basements but there is no discussion that excludes garage area from the basement deduction. ITEM 2 STAFF RESPONSE: STAFF'S INTERPRETATION OF THE VAIL TOWN CODE IS CONSISTENT WITH THE ADOPTED LANGUAGE OF ORDINANCE NO. 14, SERIES OF 2004, AND POLICY DIRECTION OF THE TOWN COUNCIL FROM THE REVIEW OF THAT ORDINANCE. In September of 2002, Vicki Pearson submitted a formal application to the Town of Vail requesting amendments to the adopted GRFA regulations. Ms. Pearson's application was intended to address a below -grade media room constructed in her unit at the Vail Townhouse Condominiums without Town of Vail design review or building permit approvals. Since all the allowable GRFA for her unit had already been built before the media room was illegally constructed, the media room did not comply with the Town's adopted GRFA limits. Ms. Pearson had the options of demolishing the new media room or requesting amendments to the Town's adopted GRFA regulations. Ms. Pearson proposed either eliminating the GRFA regulations or amending the regulations to not count basements as part the GRFA square footage calculations. There were twenty -one (21) months of public review and debate of the proposed GRFA amendments beginning with the October 14, 2002 Planning and Environmental Commission (PEC) hearing and ending with Town Council's July 20, 2004 hearing. In addition to the numerous PEC and Town Council public hearings, the Town of Vail also formed a GRFA Reform Focus Group composed of local residents, architects, contractors, realtors, attorneys, etc. to provide additional insight and input to the public review process. Town of Vail Page 6 The Planning and Environmental Commission supported a complete repeal of the Town's GRFA regulations. The Town Council did not support repealing the GRFA regulations in whole, but the majority of the Council members were open to possible amendments within certain residential zone districts. The majority of the Town Council did not support extending any amendments to the GRFA regulations to the commercial and mixed -use zone districts (e.g. Pubic Accommodation, Commercial Core 1, Lionshead Mixed Use I, etc.). On July 20, 2004, the Town Council approved the second reading of Ordinance No. 14, Series of 2004. The approval of this ordinance not only adopted a basement deduction to the GRFA square footage calculations, but also adopted several other changes to the GRFA regulations: Changes to what counts as GRFA: • Exterior building walls are counted as GRFA. • Vaulted spaces are counted as GRFA. • Basements are not counted as GRFA (i.e. a proportional deduction) Changes to the amount of GRFA allowed: • Previous GRFA formulas and GRFA bonuses were consolidated. • The allowable GRFA formulas were increased by 10% to account for exterior walls being counted as GRFA. • The allowable GRFA formulas were increased by 15% to account for vaulted spaces being counted as GRFA. Other changes: • Residential parking requirements were increased. • The definition of site coverage was clarified. • Construction excavation and site disturbance guidelines were established. In 2004, the Town of Vail amended the GRFA regulations to include a proportional deduction for basements within certain residential zone districts (Ordinance No. 14, Series of 2004). The purpose of the basement deduction was to "increase 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" (page 8, July 6, 2004 Town Council memorandum). The underlying concept of the basement deduction is that the less exterior wall area that is visible from outside the house, the greater the GRFA deduction given to the basement. The GRFA basement deduction is a ratio of the buried versus exposed exterior wall surface area of a building's lowest level. If the lowest level of a residential building is constructed completely above grade, the floor area on this level of the building receives no GRFA deduction (0 %). If the lowest level of a residential building is constructed completely below grade and no portion of the Town of Vail Page 7 basement's exterior walls are exposed, the floor area on this level of the building receives a full GRFA deduction (100 %). The majority of residential buildings within the Town of Vail have portions of the lowest level constructed both above and below grade, and therefore most residential buildings have a GRFA basement deduction somewhere between zero percent (0 %) and one - hundred percent (100 %). In addition to basements, the Town's adopted GRFA regulations also allow deductions of floor areas for garages, attics, crawlspaces, patio /decks, and employee housing units. In some residential buildings, these deductible floor areas may be located on the lowest level of the building. When calculating the GRFA square footage of the lowest level of a residential building, any garage, crawlspace, patio /deck, or employee housing unit located on that level is deducted in accordance with the allowable deductions for those uses. These floor areas are deducted square foot - for - square foot (100 %) from the GRFA calculations. The GRFA deductions for garages and employee housings units are capped at a maximum square footage amount. After any garage, crawlspace, patio /deck, and employee housing unit floor areas have been deducted from the lowest level of a residential building, the proportional basement deduction is applied to any remaining floor area on that level. Based upon the adopted GRFA regulations and the Town Council's policy direction, floor areas do not receive multiple deductions. Basements, garages, attics, crawlspaces, patio /decks, etc. are intentionally given "deductions" from the GRFA square footage calculations, and not "credits" or "bonuses ". Deductions from the GRFA square footage calculations are only applied to constructed floor area, and credits or bonus are not given for constructing less than the maximum deduction limit. For example, in the Two - Family District the garage floor area may be deducted up to maximum of 300 square feet per parking space, a maximum of two parking spaces per allowable dwelling unit. A Two - Family District property with conforming lot size may deduct a maximum of 1,200 square feet of built garage floor area from the GRFA calculations (2 units x 2 spaces each = 4 total spaces; 4 total spaces x 300 sq.ft. = 1,200 sq.ft.). If a homeowner chooses to construct a 1,000 square foot garage; all 1,000 square feet of that garage floor area is deducted from the GRFA calculations. A 1,000 square foot garage does not receive a 1,200 square foot deduction from the GRFA calculation. Under - utilized GRFA deductions can not be used to construct other types of floor area. For example, constructing a 1,000 square foot rather than 1,200 square foot garage does not result in a new 200 square foot bedroom. While various basement deduction policies and methodologies were considered and debated; in 2004, the Town Council chose to implement a proportional basement deduction based upon a ratio of the exposed versus buried surface area of a basement's exterior walls. During its July 2004 deliberations, Staff directly asked the Town Council how GRFA should be calculated when garages, Town of Vail Page 8 crawlspaces, patio /decks, and employee housing units were located on the lowest (basement) level of a building. The methodology approved by the Town Council is as described above in this memorandum: garages, attics, crawlspaces, patio /decks, and employee housing units are deducted first and then the basement deduction provision is applied to any remaining floor area on the lowest level. At that time, Staff and the Town Council believed the language of Ordinance No. 14, Series of 2004, adequately communicated this policy. A more detailed account of the Town Council's final deliberations of the 2004 GRFA amendments are in the attached July 6, 2004 and July 20, 2004 Town Council memos and meeting minutes (Attachments D and E). The Town Clerk's Office only maintains the audio and video recordings of the Town Council hearings in accordance with the minimum retention schedule prescribed by Colorado state law, so the audio and video recordings (i.e. the verbatim minutes) of the Council's 2004 public hearings no longer exist in the Town's archives. Staff contacted Channel 5 Vail Valley Community TV who records the Town Council hearings, and they no longer have the audio or video recordings from the Town Council's July 2004 hearings in their archives. The Town Staff attended all 21 months of public hearings for Ordinance No. 14, Series of 2004, and hereby testifies that the Vail Town Council specifically deliberated the methodology for calculating GRFA on the lowest level of a residential structure that contains a garage. The majority of the Vail Town Council explicitly decided that garage areas are deducted first and then the basement deduction provision is applied to any remaining floor area on the lowest level. The Vail Town Council did not want any floor areas of a residential building to be deducted twice. The Vail Town Council acknowledged that the Ordinance No. 14, Series of 2004, GRFA amendments would have different implications when applied to uphill, downhill, and flat lots. While the audio and video of the Council's 2004 hearings no longer exist, Staff did find in the Town archives a letter to John Schofield (former PEC member during the Ordinance No. 14 GRFA amendment deliberations) dated November 8, 2004. This letter answers Mr. Schofield's questions about the 2004 GRFA amendments and specifically addresses the methodology for calculating GRFA when garages, crawlspaces, patio /decks, and employee housing units were located on the lowest (basement) level of a building. A copy of this letter has been attached for reference (Attachment B). ITEM 3: THE APPEAL CONTENDS THAT THE SAME DEVELOPMENT RIGHTS ARE NOT AFFORDED TO NEIGHBORS. The submitted appeal includes "drawings to help clarify" the appeal. The first drawing in the appeal is an elevation of a hypothetical House A and House B: Town of Vail Page 9 "On the diagram titled `Uphill /Downhill GRFA Comparison', two identical houses are drawn. One house is on the uphill side of the road and the other is on the downhill side." In reference to this elevation drawing, the appeal states: "One would think that these two houses would also have identical gross residential floor area. However, per the method of calculation used by the staff, House `A' has 2200 s. f. of GRFA compared to 1900 s. f. in House `8' which is explained below." The second drawing in the appeal is the floor plans for the hypothetical House A and House B: "The diagram titled `Lowest Level Floor Plan House A' show two floor plans for the lowest level of `House A'. In reference to floor plan drawing, the appeal states: "The floor plan and calculations on the left show how the staff determines the GRFA exclusions when a garage is located at the basement level of a structure. Simply stated, they do not allow the basement exclusion for the garage floor area although it is set back into the hillside. The floor plan and calculations on the right side of the drawing indicate how the ordinance outlines the garage and basement exclusions. The difference between the two methods in this case is 300 square feet of GRFA." The appeal states: "Furthermore, in the case of the identical houses `A' and `8', House `A' is not afforded the same development rights as their neighbor House `8' because of this discrepancy between the ordinance and the staff's application of it." ITEM 3: BY THEIR VERY NATURE ZONING REGULATIONS MAY NOT BE EQUITABLE, AND THAT IS THE PURPOSE FOR HAVING A VARIANCE PROCESS IN THE TOWN CODE. THE TOWN COUNCIL TOOK INTO ACCOUNT THE DIFFERENT EFFECTS OF THE GRFA REGULATIONS DURING THEIR DELIBERATIONS OF ORDINANCE NO. 14, SERIES OF 2004. STAFF HAS CONSISTENTLY APPLIED THE SAME INTERPRETATION OF THE TOWN CODE SINCE THE ADOPTION OF ORDINANCE NO. 14, SERIES OF 2004. UNTIL THE FILING OF THIS APPEAL, STAFF HAS NOT RECEIVED ANY PUBLIC COMMENT INDICATING THAT HOMES IN VAIL ARE TOO SMALL OR THAT THE BASEMENT DEDUCTION CALCULATIONS ARE TOO RESTRICTIVE. The appeal includes a hypothetical example of "identical" Houses `A' and `B'. First, Houses `A' and `B' are not identical. House `A' is located on an uphill lot and has a garage on the first floor, while House `B' is located on a downhill lot and has a garage on the third floor. Town of Vail Page 10 The example in the appeal fails to illustrate hypothetical House `C' which is "identical" to Houses `A' and `B', but is built on a flat lot with a garage on the first floor. House `C' receives zero basement deduction. The appeal states that "One would think that these two houses would also have identical gross residential floor area'; however, House `C' is calculated as 2,400 sq. ft. of GRFA. House `C' counts as 200 sq. ft. more than the uphill House `A' and 500 sq. ft. more than the downhill House `B'. A re- interpretation of the basement deduction methodology will not change this "discrepancy ". The issue of equity and fairness was discussed at a great length during the Ordinance No. 14, Series of 2004, deliberations. The primary reason the 250 Ordinance and Interior Conversion additional GRFA policies were repealed in some residential zone districts was because these policies are inequitable. These policies allow houses to be different sizes, even when those houses are located on the same sized lot in the same zone district (page 7, July 20, 2004 Town Council memorandum). The Town Council recognized that the Ordinance No. 14 GRFA amendments would have different impacts to different properties. The GRFA amendments may have a negative affect on existing buildings with small basements and large areas of vaulted ceilings, but be beneficial to existing buildings with large basements and no vaulted ceiling areas. The Town Council recognized that new homes would be designed differently than an existing house to take advantage of the new deductions established by Ordinance No. 14, Series of 2004. The Town Council also considered how the GRFA amendments of Ordinance No. 14, Series of 2004, would have different effects on up -hill, down -hill, and flat lots. The Town Council debated a variety of basement deduction options including an "all or nothing" approach of defining what is or isn't a basement and a proposal to allow the basement deduction on multiple levels of a structure to address the differences created by up -hill, down -hill, and flat lots. The majority of the Town Council ultimately chose to allow the basement deduction only on the lowest level of the structure. (page 7, July 6, 2004 memorandum and page 2, July 20, 2004 memorandum) After the adoption of Ordinance No. 14, Series of 2004, Staff clarified the interpretation of Chapter 12 -15, Gross Residential Floor Area (GRFA), Vail Town Code, related to the calculation of gross residential floor area on the lowest level of a structure that contains a garage. In the Town archives is a letter to John Schofield (former PEC member during the Ordinance No. 14 GRFA amendment deliberations) dated November 8, 2004. This letter answers Mr. Schofield's questions about the 2004 GRFA amendments and specifically addresses the methodology for calculating GRFA when garages, crawlspaces, patio /decks, and employee housing units were located on the lowest (basement) level of a building. A copy of this letter has been attached for reference (Attachment B). Town of Vail Page 11 Since the July 20, 2004 adoption of Ordinance No. 14, Series of 2004, Staff has consistently implemented the GRFA calculation methodology described in this memorandum. Staff has examined the Town's archives and determined that 413 Addition design review applications and 144 New Construction design review applications were reviewed by the Town Staff between July 20, 2004 and June 1, 2011. Of those applications, 106 New Construction applications and 354 Addition applications affected residential development in zone districts where the basement deduction is applicable. Staff also found 21 Change to Approved Plans design review applications that were submitted between July 2004 and January 2005. Each of these applications was specifically submitted to take advantage of the GRFA changes adopted with Ordinance No. 14, Series of 2004. Over the course of the last seven years, the GRFA calculation methodology described in this memorandum has been applicable to no less than 480 design review applications for residential construction. To illustrate this point, Staff has attached examples of GRFA calculations for residential construction on up -hill lots where a garage was located on the lowest level of the building. Two of these projects were submitted in the fall of 2004, shortly after the adoption of Ordinance No. 14, Series of 2004. Attached for reference are the GRFA calculations for 1397 Vail Valley Drive dated August 2004 prepared by Custom Mountain Architects, 971 Spraddle Creek Road dated September 2004, prepared by Zehren and Associates, and 366 Forest Road dated March 2008, prepared by Peel /Langenwalter Architects (Attachment C). In each of these examples, the architects applied the garage deduction to the first floor garage area and then applied the basement deduction to the remaining portions of that lower level of the building. The garages on these lowest levels of these homes were not deducted multiple times, and the GRFA calculations for the lowest level did not result in a negative number. Until the filing of this appeal, Staff has not received any public comment indicating that homes in Vail are too small or that the basement deduction GRFA calculations are too restrictive. VIII. BACKGROUND GRFA is a zoning control tool that regulates the density and intensity of residential land uses. GRFA also controls building bulk and mass when used in conjunction with other zoning tools such as setback, height, site coverage, and landscaping requirements. GRFA is the square footage measurement of the total floor area within a residential building. Each zone district in Vail that allows residential land uses has a prescribed GRFA square footage limit. All "horizontal areas" (i.e. floors) of a residential building Town of Vail Page 12 are counted toward this maximum allowable square footage, with the exception of certain "deductions ". IV. APPLICABLE REGULATIONS OF THE TOWN CODE TITLE 12: ZONING REGULATIONS Chapter 12 -2: Definitions Administrator. The administrator of the Department of Community Development or his /her designee. Chapter 12 -3: Administration and Enforcement (in part) Section 12 -3 -3: Appeal (in part) A. Administrative Actions: Any decision, determination or interpretation by any town administrative official with respect to the provisions of this title and the standards and procedures hereinafter set forth shall become final at the next planning and environmental commission meeting (or in the case of design related decision, the next design review board meeting) following the administrator's decision, unless the decision is called up and modified by the board or commission. B. Appeal of Administrative Actions: 1. Authority. The planning and environmental commission shall have the authority to hear and decide appeals from any decision, determination or interpretation by any town administrative official with respect to the provisions of this title and the standards and procedures hereinafter set forth, except that appeals of any decision, determination or interpretation by any town administrative official with regard to a design guideline shall be heard by the design review board. 2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by any administrator with respect to this title. 'Aggrieved or adversely affected person" means any person who will suffer an adverse effect to an interest protected or furthered by this title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The administrator shall determine the standing of an appellant. If the appellant objects to the administrator's determination of standing, the planning and environmental commission (or the design review board in the case of design guidelines) shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the planning and environmental commission (or the design review board in the case of design guidelines) determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. 3. Procedures: A written notice of appeal must be filed with the administrator or with the department of community development rendering the decision, determination or Town of Vail Page 13 interpretation within twenty (20) calendar days of the decision becoming final. If the last day for filing an appeal falls on a Saturday, Sunday, or a town observed holiday, the last day for filing an appeal shall be extended to the next business day. The administrator's decision shall become final at the next planning and environmental commission meeting (or in the case of design related decision, the next design review board meeting) following the administrator's decision, unless the decision is called up and modified by the board or commission. Such notice shall be accompanied by the name and addresses (person's mailing and property's physical) of the appellant, applicant, property owner, and adjacent property owners (the list of property owners within a condominium project shall be satisfied by listing the addresses for the managing agent or the board of directors of the condominium association) as well as specific and articulate reasons for the appeal on forms provided by the town. The filing of such notice of appeal will require the administrative official whose decision is appealed, to forward to the planning and environmental commission (or the design review board in the case of design guidelines) at the next regularly scheduled meeting, a summary of all records concerning the subject matter of the appeal and to send written notice to the appellant, applicant, property owner, and adjacent property owners (notification within a condominium project shall be satisfied by notifying the managing agent or the board of directors of the condominium association) at least fifteen (15) calendar days prior to the hearing. A hearing shall be scheduled to be heard before the planning and environmental commission (or the design review board in the case of design guidelines) on the appeal within thirty (30) calendar days of the appeal being filed. The planning and environmental commission (or the design review board in the case of design guidelines) may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional forty (40) calendar days. Failure to file such appeal shall constitute a waiver of any rights under this title to appeal any interpretation or determination made by an administrator. 4. Effect Of Filing An Appeal: The filing of a notice of appeal shall stay all permit activity and any proceedings in furtherance of the action appealed unless the administrator rendering such decision, determination or interpretation certifies in writing to the planning and environmental commission (or the design review board in the case of design guidelines) and the appellant that a stay poses an imminent peril to life or property, in which case the appeal shall not stay further permit activity and any proceedings. The commission (or board) shall review such certification and grant or deny a stay of the proceedings. Such determination shall be made at the next regularly scheduled meeting of the planning and environmental commission (or the design review board in the case of design guidelines). 5. Findings: The planning and environmental commission (or the design review board in the case of design guidelines) shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title have or have not been met. Chapter 12 -15: Gross Residential Floor Area (GRFA) Town of Vail Page 14 12 -15 -1: Purpose This chapter is intended to control and limit the size, bulk, and mass of residential structures within the town. Gross residential floor area (GRFA) regulation is an effective tool for limiting the size of residential structures and ensuring that residential structures are developed in an environmentally sensitive manner by allowing adequate air and light in residential areas and districts. 12 -15 -3: Definition, Calculation, and Exclusion (in part) A. Within The Hillside Residential (HR), Single- Family Residential (SFR), Two - Family Residential (R), And Two - Family Primary/Secondary Residential (PS), Districts: 1. 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, crawl spaces 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 Area: 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 Or Less: Attic areas with a ceiling height of five feet (5) or less, as measured from the topside of the structural members of the floor to the underside of the structural members of the roof directly above. Town of Vail Page 15 (3) Attic Areas With Trusses: 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 With Nontruss System: 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 "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) Crawl Spaces: Crawl spaces 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. Crawl spaces 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 Town of Vail Page 16 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 a floor 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, Etc.: 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 linear perimeter of the area of said deck, porch, terrace, patio, or similar feature or space, provided the opening is contiguous and fully open from floor to ceiling, with an allowance for a railing of up to forty four inches (44') in height and support posts with a diameter of eighteen inches (18') or less which are spaced no closer than ten feet (10) apart. The space between the posts shall be measured from the outer surface of the post. 2. Additional Calculation Provisions: a. Common Interior Party Walls: Where 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 Town of Vail Page 17 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: Any interior space with a floor 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 (2) levels of a structure. X. RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission upholds the administrator's interpretation of Chapter 12 -15, Gross Residential Floor Area (GRFA), Vail Town Code, related to the calculation of gross residential floor area on the lowest level of a structure that contains a garage, and setting forth details in regard thereto. The Community Development Department recommends the Planning and Environmental Commission makes the following findings of fact: 'Based upon a review of the Staff's June 13, 2011 memorandum to the Planning and Environmental Commission and the evidence and testimony presented, the Planning and Environmental Commission finds: During their deliberations of Ordinance No. 14, Series of 2004, the Vail Town Council took into account that the effects of the GRFA regulations are different for up -hill, down -hill, and flat lots. During their deliberations of Ordinance No. 14, Series of 2004, the Vail Town Council identified the purpose of the basement deduction as to "increase the amount of allowable GRFA in all residential zone districts, with the intent that Town of Vail Page 18 the increase be located below -grade and not dramatically increase the above - grade building bulk and mass" • During its deliberations of Ordinance No. 14, Series of 2004, the Vail Town Council adopted a policy that when calculating GRFA for a residential building with a garage on the lowest level, the floor area of a garage is deducted from the total GRFA square footage utilizing the "enclosed garage area" deduction and that same floor area in not then deducted a second time from total GRFA square footage utilizing the "basement" deduction provision. • During its deliberations of Ordinance No. 14, Series of 2004, the Vail Town Council adopted a policy that floor areas on the lowest level of a structure are not deducted from the from the calculation of GRFA square footage multiple times. • Ordinance No. 14, Series of 2004, established a basement deduction from the GRFA calculations for residential structures located within the Hillside Residential, Single- Family Residential, Two - Family Residential, and Two - Family Primary/Secondary Residential Districts. • Ordinance No. 14, Series of 2004, was adopted on second reading by the Vail Town Council on July 20, 2004. • Since the July 20, 2004 adoption of Ordinance No. 14, Series of 2004, Town Staff has interpreted the Vail Town Code such that when calculating GRFA for a residential building with a garage on the lowest level, the garage is first deducted from the total floor area of that level and then the basement deduction is only applied to any remaining floor area of the lowest level. Floor areas on the lowest level of a residential structure are not deducted multiple times. • Since the July 20, 2004 adoption of Ordinance No. 14, Series of 2004, Staff's interpretation of the Vail Town Code has been consistently applied to no less than 480 residential design review applications. The Community Development Department recommends the Planning and Environmental Commission makes the following conclusions: 'Based upon a review of the Staff's June 13, 2011, memorandum to the Planning and Environmental Commission, the evidence and testimony presented, and the Commission's finding of facts, the Planning and Environmental Commission concludes: The administrator has properly interpreted Chapter 12 -15, Gross Residential Floor Area (GRFA), Vail Town Code, related to the calculation of gross residential floor area on the lowest level of a structure that contains a garage, and setting forth details in regard thereto." The Community Development Department recommends the Planning and Environmental Commission makes the following motion: 'Based upon a review of the Staff's June 13, 2011 memorandum to the Planning and Environmental Commission, the evidence and testimony presented, and the Town of Vail Page 19 finding of facts, the Planning and Environmental Commission upholds the administrator's interpretation of Chapter 12 -15, Gross Residential Floor Area (GRFA), Vail Town Code, related to the calculation of gross residential floor area on the lowest level of a structure that contains a garage, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to uphold the administrator's interpretation of Chapter 12 -15, Gross Residential Floor Area (GRFA), Vail Town Code, related to the calculation of gross residential floor area on the lowest level of a structure that contains a garage; but feels the Vail Town Code should be amended to clarify the policy; Staff recommends the Planning and Environmental Commission forwards a recommendation to the Vail Town Council for amendments to the Chapter 12 -15, Gross Residential Floor Area (GRFA), Vail Town Code. Should the Planning and Environmental Commission not agree with the adopted policies and methodologies related to the calculation of gross residential floor area on the lowest level of a structure that contains a garage; Staff recommends the Planning and Environmental Commission forwards a recommendation to the Vail Town Council for amendments to the Chapter 12 -15, Gross Residential Floor Area (GRFA), Vail Town Code, rather than changing the adopted policies of Ordinance No. 14, Series of 2004, through re- interpretation. XI. ATTACHMENTS A. Appeal B. GRFA Letter dated November 8, 2004 C. Examples of Submitted GRFA Calculations D. July 6, 2004 Town Council memorandum and minutes E. July 20, 2004 Town Council memorandum and minutes Town of Vail Page 20 Attachment A peelllangenwalter architects, 1.I.c. david m. peel, a.i.a, lathy langenwalter 2588 arosa drive p.o. box 1202 vail, co 81658 970 -476 -0506 970 -4 76 -0572 fax ❑tarchavail. net April 20, 2011 Page 1 of 5 Planning and Environmental Commission Department of Community Development 75 South Frontage Road Vail, Colorado 81657 RE: Appeal of Planning Staff Application of GRFA Exclusions Dear Commissioners; As an architect recently working on 3 different projects within the TOV, it has come to my attention that the method used by the planning staff for applying GRFA exclusions is not in accord with the process outlined in the zoning regulations. While this does not affect my personal property, it does affect our work and the development rights of our clients. Therefore, I am filing this appeal to the PEC regarding the method used by the panning staff to determine GRFA exclusions for basements and enclosed garages when the garage is located on the lowest level of a structure. Attached is the Appeals Form with attached submittal requirements as well as diagrams to help explain the purpose of the appeal. Thank you for hearing this appeal. We appreciate the service you provide the town. Yours truly, Kath*Lanwlalt Town of Vail Page 21 Appeal of Planning Staff Application of GRFA Exclusions Page 2 of 5 Peel /Langenwalter Architects April 20, 2011 Nature of the Appeal This appeal concerns the difference between the plain written language of the GRFA ordinance and the method by which the planning staff applies the ordinance. Specifically, the ordinance states that all floor area on all levels shall be calculated and then the listed exclusions are to be deducted from that total. The list of eight GRFA exclusions includes enclosed garage area as well as basements. These are listed as two separate exclusions to be deducted from the GRFA calculations. However, the staff does not allow the basement deduction for a garage located on the lowest level of a structure. In this type of construction they exclide the garage area from the basement deduction and apply it only to what they term GRFA or livable area.' Please see the attached drawings to help clarify. On the diagram titled "Uphill /Downhill GRFA Comparison ", two identical houses are drawn. One house is on the uphill side of the road and the other is on the downhill side. Each house consists of three 1000 square feet stories for a total of 3000 square feet of GRFA prior to exclusions. Each house also has a 600 square foot double garage and 50% of the lowest level walls are unexposed. One would think that these two houses would also have identical gross residential floor area. However, per the method of calculation used by the staff, House `A' has 2200 s.f. of GRFA compared to 1900 s,f. in House `B' which is explained below. The diagram titled "Lowest Level Floor Plan House `A "' shows two floor plans for the lowest level of House 'A'. The floor plan and calculations on the left show how the staff determines the GRFA exclusions when a garage is located at the basement level of a structure. Simply stated, they do not allow the basement exclusion for the garage floor area although it is set back into the hillside. The floor plan and calculations on the ride side of the drawing indicate how the ordinance outlines garage and basement exclusions. The difference between the two methods in this case is 300 square feet of GRFA. The planning staff's reasoning for disallowing the basement exclusion `or garage area is that a floor cannot have more exclusions than it has floor area. However, the ordinance clearly addresses what may or may not be included in figuring both enclosed garage area and casements but there is no discussion that excludes garage area from the basement deduction. Furthermore, in the case of the identical houses 'A' and 'S' House 'A' is not afforded the same development rights as their neighbor House'B' because of this discrepancy between the ordinance and the staff's application of it. Related Section of the Code Following is the section of the code that applies to this appeal. Words that specifically apply to the appeal are shown in bold print. Title 12 - ZONING REGULATIONS, Chapter 15 - GROSS RESIDENTIAL FLOOR AREA (GRFA), Town of Vail Page 22 Appeal of Planning Staff Application of GRFA Exclusions Page 3 of 5 Peel /La ngenwalter Architects April 20, 2011 12 -95 -3: DEFINITION, CALCULATION, AND EXCLUSIONS: A. Within The Hillside Residential (HR), Single- Family Residential (SFR), Two - Family Residential (R), And Two - Family PrimarylSecondary Residential (PS), Districts: 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; crawl spaces; 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 Area: 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 (2596) or more open to the garage area may be included in the garage area deduction. inferior walls separating the garage from other areas of a structure may be included in the garage area deduction. (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 iloorlcehing 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. 'Also note that when figuring the basement exclusion, the staff does include the walls of the garage area. Since garage doors are always 100% exposed, this inclusion of the garage walls tends to increase the percentage of exposed walls thus decreasing the percentage of unexposed wall area that can be app ied toward the area they allow for the basement exclusion. Town of Vail Page 23 O O h 2 v cQ CD N Oh Appeal of Planning Staff Application of GRFA Exclusions Peel /Langenwalter Architects Page 4 of 5 April 20, 2011 aTp• �. c,�Pr 1000 6.r-. r_ t Na J� wo XC 5 _6900 o - TPA[- G�Z ry�'` f F O O O h O Appeal of Planning Staff Application of GRFA Exclusions Page 5 of 5 Peel /Langenwalter Architects April 20, 2011 2-5 G�;kplp� F, Val.. ' W6 x ?I = r�-w Tai• �tzd��� ���Ha►� 4o l x25 y ° ixox 5a�o - ,�W-, t - ro - TA, . ECG L a6 � v CD N Ln Attachment B 0 TOWN OF VAI ` FILE COPY Department of C:owm enity Deoerlopmew 75 South Frontage Road Veil, Colorado 81657 970. 479 -21 8 I-AX 970- 479 -2452 www.raifgau care November 8. 2004 John Schofield 1448 Vail Valley Drive Vail, CO 81657 RE: GRFA Dear John, Thank you for your letter dated October 15, 2004, concerning the Town of Vail's recent GRFA text amendments. Your letter expressed the following four points: 7. When a garage is the lowest level of a structure will the code allow a GRFA deduction for the garage plus the basement?... 2. When a garage is the lowest level of a structure, which also has other GRFA at a higher level, which also meets the definition of basement, will both be allowed as deductions to total GRFA? ... 3. ... (for two- family and primary- secondary structures with different floor elevations) Bath units could possibly have GRFA which meets with the intent of "basement', but a strict and literal interpretation would only allow 'the lowest level of a structure" to qualify for a GRFA deduction even though the lowest levels of each side of a two- family or primary- secondary structure could meet the intent of "basement" and should be allowed the GRFA deduction. 4. This same situation will occur with "basements" with steps in the lowest level floor. {These steps are often one or two risers}. During its deliberation of the GRFA amendments, the Town Council was very specific in the implementation of the GRFA amendments in regard to comments 41 and #2. When calculating the GRFA for the lowest level of a structure, the total floor area of that level is calculated first. Then deductions are subtracted from this total floor area for qualifying crawlspaees (less than five -foot head height, access no larger than twelve sq. f[.), garages (up to 300 sq.ft. per parking spaces, max of two spaces), employee housing units, and other deductions such as common areas (multiple- family districts only), etc. Once these deductions are subtracted from the total floor area, the basement percentage deduction is applied to the remaining floor area. For example, a single - family house with a 1,200 sq.ft lowest level, 50% below- grade, including a two -car garage and modest crawl space shall be calculated as follows: "Setting A New Staru&rd For Community Developmew Deprartmew Services" AECYCLEO rAr&e Town of Vail Page 26 0 k TOWN OF VAIN ` Depar!)new of Conen+wdty Deuelof+naew 75 5osth Frontage Rey :d Vai4 Colorado 81657 970 -479 -2138 FAX 570- 479 -2452 www.rrtilgoutom Actual floor area lowest level Garage deduction Crawlspace deduction Sub -total GRFA calculation Basement deduction Final GRFA calculation 1,200 sq. ft. -600 sq. ft. -100 sq -ft. 500 sq, ft. -250 sq -ft- (50% of 500 250 sq.ft. With this GRFA calculation methodology, a garage is not counted as both a "garage deduction" and a "basement deduction ". In this example, the 600 sq -ft. garage is equal to 0 sq.ft. of GRFA by applying the "garage deduction ". This same 600 sq.ft. space does not count as -900 GRFA sq.ft., by applying both a "garage deduction" and "basement deduction" to tl -e same area- During its deliberation of the GRFA amendments, the Council was adamant that the "basement deduction" only applies to the lowest level of a structure. It the lowest level of a structure only includes a garage, and that garage is equivalent to 0 sq -ft. of GRFA by applying the "garage deduction ", then no other GRFA deductions are granted to that level. Any level above the garage in this scenario is not the lowest level of the structure, and therefore not eligible for a "basement deduction ". In response to your #3 and #4 comments, Staff has recognized that minor differences may occur between the lowest level finished floor elevations of two or more dwelling units within a single structure. Staff has also recognized that minor finished floor elevation differences may occur within the lowest level of a single dwelling unit (example: split-levei basement layouts). Therefore, Staff has determined that minor finished floor elevation differences between dwelling units or within a single unit do not inherently disqualify a space for eligibility for the 'basement deduction ". This question has arisen on several recent projects; however, in each situation it was mutually agreed by Staff and the applicants which fioo areas are truly on the lowest level and which areas are not on the lowest level of the structure. In these scenarios, the fin shed floor elevatior. differences have only ranged from inches to two or three feet. Staff has also examined the ceiling elevations of these areas when determining the lowest level of a structure. Staff has considered areas with minor finished floor elevations differences, but consistent ceiling elevations (examples: split level rooms or rooms with adjacent crawlspaces) to be on the same level of a structure- The Staff has recognized since the beginning of the GRFA amendment review process that once an ordinance was adopted, future interpretations and amendments to that ordinance would be necessary. Therefore, as questions or issues related to the Town's GRFA regulations arise, the Staff will compose formal interpretations or possible text amendments for review by the Planning and Environmental Commission and Town Council to clarify these regulations. "SettingA New Standard Far Community Developirent Department Services" i RECYCLE PAPER Town of Vail Page 27 0 MWK OVAIIJ Department of Community Development 75 South Frontage Road bail, Colorado 8107 970 - 479 -2138 FAX 970- 479 -2452 www.vaikaurom Sincerely, Sill Gibson, AICP Town of Vail "Setting R New Standard For Community Devebp enr Department Servires" x cED rerrx Town of Vail Page 28 0 0 IS E sv (D N (D T U s R NEW FINISHED BASEMENT= 595 SO. FT. BELOW GRADE CRAWL SPACE TO BE CONVERTED y� a �{' G R FA AREA CALCULATIONS f _ P 0 0RIGINAL L AO DECr LI L w . LIVING AREA SQ. FT. A LIVING AFICA� T _ P — [ [n:T APPROVED AND A NEW FINISHED BASEMENT 595 SO . FT. l4e1 - -- L LIVING AREA LOWER iYL 8.0I3 _ _ 393 L LESS 22% BELOW GRADE AREA 663 80. FT- 5R. FT, LOWER LEVEL GRfA 2,350 SO. FT.' _ _ { { x L am I v L I CFA r Z a4ylr no r r A47LITL A M x x An Lot 5h, -- 2 0 0. D D NEW::•CES6 i H f f�j ti❑ DOOR t twr L iII H L.S1 u. (D AA v v A ADDED LIVING AREA -477 SQ. FT. - q I Y Y GAPJTGE SPACE] TO BE CONVERTED I I•.T.3 n\ I INTO OWA FINISHED LIMING AREA ^ ^ Rft - ' 'l - -- . - tea` �.. .. - O[ @Bed SBA 10 UMOI 0 &@LU � � � ( 3 » � "d» ® /kf f -§[ n n,o r § |§ § Jj) § wR �L § aw � �t , � § « � | q |� �[ , > \E i - -� -. D*G�rNO RESIDENCE HIE\ AND _ ° G | ! Lp �)& Spr df Creek, Lot 8 § -- - - •� . in | �� ; ■„ "d» ® /kf f -§[ n n,o r § |§ § Jj) § wR �L § aw � �t , � § « � | q |� �[ , > \E i - -� -. D*G�rNO RESIDENCE HIE\ AND _ ° G | ! _.... . _ Spr df Creek, Lot 8 -- - - •� � m_� �� 03/19/2089 14 :04 9704754572 PEEL /LAMGENWALTER PAGE d2/03 Additions- Residentlal or Commercial ` Application for Design Review ' Depubpen 7s South H ortraga of R� goings ss7 tel: 970.4791128 f U 970- 479.2452 wet: www.vaigo .A= General Yrrfarmat#vn: AG projeM requiring deS+sin rrvlew must receive approval prior to gubmttting a buflding permit appilimb n. Please refer to the submittal rmqulrexrwb for the pardcurdr approval that is requeded. An application for Design Re Aew cannot be acmptcd until all mgpirtd infomnalivn Is-recnlved by the Cammunity DeMopment Department. The project may also need to be revie wed by the Town Couxil 8" or the Planning and E nvinonme- 1 Commission. Design review approval lapses unless a building per t is issued and uonstru*lon contnfetmm witldn ono year of tba approval. OX poor, of the Ree{ /.. = ^ &L41 .0 add t M-- v r>rssr HE Locataen of the Proposal: Ent: _91vd[: 1 SubdSvlston: Val I V1 1 ' r T Physical Address: V.04 rMact Parcel Ho.: ,2bf • f � 1�¢viv (Contact Eagle Co. Assessor at 970 - 328 -8540 for parcel no.) tarliny: aM Name(s) of owner(s): � l� ►�Sailinq Address: / eta Ii ►' �3�(i , 7r� � 7AM F�. lr� ��r '4 .:�d mailing Address: F VON .r A t ;rp Type of RvIriew and Fee: LVI !'1 E WR w 7 ❑ signs $50 t%g $1.00 pre square foot or tuW �5bgn area. I j U 0 gal Review No Fee TOWN O F VAI L 0 Now Construction Addidan $65 For c nmuct oo of a new Wldk)9 or demolre for an addtnan where square: footage is added to any residential or commericial MdIN (VKDWES 254 additions & interior m+,ve.-k.+t). ❑ Mkror Akeration $250 For minor chan Des to buildngs and site improvements, such as. (multi- family /commenonl) re- rnonng, painting, wfndaw addtions, landscaping, fences and mtzwrig walls, etc- * Minor Alteration $20 For minordurnges to buildings and s>te improvements, such as, (single- UiNty /dupiex) re- roofing, painting, window additions, landscaping, fences and retaining watls,.etc. El Changes to Approved Plans $20 For revisions to plans already approved try Planning Staff or the Design Review Board - 0 Separatlort Request No Fee For 6th ll only: Fee paid_ C tick No.: 7 BY- n! Meetl Date V DRB Ho. Planner: i'rvject Na.: 0 _ — Oo �errru luting _ _ !10f15 �ftw Town of Vail Page 31 I 1 BL UMBERG R Lot 2, Block 1, Vail Village 3` Filing 366 Forest Road, Vail, Colorado Site Development Standards (Calculation uses new, revised GRFA Standards, Ord. #14.) Total Lot Size = 32,521.4 SF = 0.75 Acre Allowable Gross Residential Floor Area (GRFA_) for the entire lot: 8,601.3 SF (Per riew, approved GRFA calculation methods.) 0.16 x 10,000.0 SF = 4,600.0 SF 0.38 x 5.000.0 SF = 1,900.0 SF 4.13 x 15,000.0 SF = 1,950.0 SF 0.06 x 2,521.4 SF = 151.3 SF Total Allowable = 8,601.3 SF Maximum Allowable GRFA for Primary Unit: 5,151.0 SF (60% of maximum allowable for entire lot.) 8,601.3 SF x 0.60 = 5,161.0 SF Maximum Allowable GRFA for Secondary Unit: 3,440.0 SF (40% of maximum allowable for entire lot.) 8,601.3 SF x 0.40 = 3,440.0 SF Town of Vail Page 32 Page 2of4 Existing GRFA for Primary Unit. (Calculation uses new, revised GRFA Standards, Ord. #14.) Total EXISTING GRFA: 4,091.1 SF Level 1(1, 853.6 SF - 600 SF Garage credit) = 1,253.6 SF ' Basement reduction (1,253.6 SF x 0.61 ] _ - 7647 SF Subtotal - 488.9 SF Level 2 - 1,786.1 SF Level 3 = 1,512.0 SF Over 16' in ceiling heiclht = 304.0 SF Total Existing GRFA = 4,091.0 SF 4 lay *(Basement Reduction Calculation for lowest level): 61% Total wall Total wall Surface Unexposed South elevation: 444 SF 421 SF North elevation: 444 SF 69 SF East elevation: 360 SF 205 SF West elevation: 360 SF 284 SF Total 1,608 SF 979 SF 979 SF _ 1,608 SF = 61% reduction of Level 1 GRFA. TOTAL REMAINING AVAILABLE GRFA: 1,070 SF 5,161 SF (Allowable) - 4,091 SF (Existing) = 1,070 SF 9, Z � Town of Vail Page 33 Page 4 of 4 Existing GRFA for Secondary_ Unit_ _ (Calculation uses new, revised GRFA Standards, Ord. #14.) Total EXISTING GRFA: 2,976 SF First Level (1,473.1 SF — 5812 SF Garage credit) = 891.9 SF ` Basement reduction [891.9 SF x 0.36] _ - 321.0 SF Subtotal = 570.9 SF Second level = 1,460.9 SF Third level (717.3 SF — 341 SF low headroom) = 683.2 SF Over 16' in ceilin4 heinht — 261.0 SF Total Existing GRFA = 2,976.0 SF *(Basement Reduction Calculation for lowest level): 36% Total wall Total wall Surface Unexposed South elevation: 365.1 SF 277.4 SF North elevation: 368.0 SF 12.8 SF East elevation: 336.0 SF 144,6 SF West elevation: 337.3 SF 72.4 SF Total 1,406.4 SF 5071 SF 507.2 SF - 1,406.4 SF = 36% reduction of First level GRFA. TOTAL REMAINING (AVAILABLE) GRFA 464 SF 3,440 SF (Allowable) — 2,976 SF (Existing) = 464 SF Town of Vail Page 34 Attachments D & E Town of Vail Page 35 • MEMORANDUM TO: Town Council FROM: Community Development Department DATE: July 20, 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 Racirlantial (M anri T \A /n— Family Priman/Carnnrlary aerhntin RirJi /PC1 _ . —11' 1 X .. 1 , —"— . — . .,......� . .....u. J, ... . y , ......,...v..a.u. V v1, districts, and setting forth details in regard thereto. Second 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. II. BACKGROUND On July 6, 2004, the Town Council approved Ordinance No. 14, Series of 2004, on first reading to amend the 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, with a modification to the language of Section 15 of Ordinance No. 14, Series of 2004. Also on July 6, 2004, the Town Council tabled the second reading of Ordinance No. 10, Series of 2004, to amend the GRFA regulations only in the Single - Family Residential (SFR), Two - Family Residential (R), and Two - Family • Primary /Secondary Residential (PS) districts. 01 On July 6, 2004, the Town Council approved Ordinance No. 14, Series of 2004, • on first reading to amend the 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. III. DISCUSSION Since the Council's July 6, 2004, meeting, Staff has received public input addressing two issues related to the proposed GRFA amendments. The first was a suggestion to maintain the existing "250 Addition" and "Interior Conversion" GRFA bonuses in all residential districts by not repealing these bonuses in the Single - Family Residential, Two - Family Residential, and Two - Family Primary/Secondary Residential districts. The second item was a suggestion to deduct below grade areas on multiple levels of a structure to more appropriately address the construction of down -hill sloping lots. IV. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approves Ordinance No. 14, Series of 2004, (Attachment A) on second reading to amend the Gross Residential Floor Area (GRFA) regulations in the Hillside Residential (HR), Single - Family Residential (SFR), Two - Family Residential (R)_ Two - Family Primnry /S econda ry Residential (PS)_ Residential AL 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. 14, 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. The Community Development Department recommends that the Town Council denies 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), and setting forth details in regard thereto. 2 0 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 Residential, Two - Family Residential, and Two - Family Primary/Secondary Residential districts) Attachment B: Ordinance No. 10, Series of 2004 (amendments to the Single - Family Residential, Two - Family Residential, and Two - Family Primary/Secondary Residential districts) • • 3 Attachment: 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 I] recommended approval of this text amendment at its September 8, 2003, meeting, and has submitted its recommendation to the Town Council; and 0 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 0 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 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): The t square feetage of a ll levels of , sheetFGGL , plasteF and ether similar wall finishes) 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 sheathing 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: 0 Ordinance No. 14, Series of 2004 Z (Text which is to be deleted is indicated as stFiekeR. 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: - -- - - Ma - - '� - -- .� h2QH6-ALZ"AL%� =MWI 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. �. 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 -613-813 (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 Strom Text which is to be added is 0 indicated as bold italics.) B. Gross Residential Floor Area: 1. The following gross residential floor area (GRFA) shall be permitted on each site: ffil �� - -- - , - Me a. Not more than forty (40) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10,000) square feet of site area; plus b. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of ten thousand (10,000) square feet. 3. No single - family residential lot except those located entirely in the red hazard avalanche zone or the flood plain shall be so restricted that it cannot be occupied by one single - family dwelling. Section 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 strtskeR. Text which is to be added is indicated as bold italics.) B. Gross Residential Floor Area: 1. The following gross residential floor area (GRFA) shall be permitted on each site: a. Twenty fide (25) square foot of 9FOSS residential fleer area • Ordinance No. 14, Series.of 2004 4 a. Not more than forty six (46) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10,000) square feet of site area; plus b. Thirty eight (38) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over ten thousand (10,000) square feet, not exceeding fifteen thousand (15,000) square feet of site area; plus c. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over fifteen thousand (15,000) square feet, not exceeding thirty thousand (30,000) square feet of site area; plus d. Six (6) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of thirty thousand (30,000) square feet. MMIUCC - - - -- �- - - - - - e- 9 011 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 str*skeR Text which is to be added is indicated as bold italics.) B. Gross Residential Floor Area: 1. The following gross residential floor area (GRFA) shall be permitted on each site: a T��ronl�i five (25) c�n� �nro fool of nrncc rocir�onlinl flnnr �+rnr. • Ordinance No. 14, Series of 2004 5 • • • • HIM - • - - - a. Not more than forty six (46) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10,000) square feet of site area; plus b. Thirty eight (38) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over ten thousand (10,000) square feet, not exceeding fifteen thousand (15,000) square feet of site area; plus c. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over fifteen thousand (15,000) square feet, not exceeding thirty thousand (30,000) square feet of site area; plus • d. Six (6) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of thirty thousand (30,000) square feet. -- Wz 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 stfiGken Text which is to be added is indicated as bold italics.) 0 A. Gross Residential Floor Area: Net mare than twenty five (25) square feet of id gross resenil enr area (GRFA) shall be permter fe ! r ear•h r.ne .... ....,... t ... �.... fl � .....� ll it ..�..... �..� .� . .� .�� iwi vv �..v� � � n�wu - wr - sour - r - yr - rcr i d ( n site area; provdha a�dre a�� s qu a re a # -b build provided, h t t „� (225) cm care feet of nrecc resideptial floor area (GRFA) per pen try inter! Ordinance No. 14, Series of 2004 A dwell it-. Not 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 a multiple - 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 Text which is to be added is indicated as bold italics.) A. Gross Residential Floor Area: (225) square foot of gross residential floor area (GRCA) ner e+0nstr6 intend dwelliRg . Not more than forty four (44) 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 a multiple - 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 stee. Text which is to be added is indicated as bold italics.) A G 966 Residential Peer Arno: Net mere than thirty five (35) 6q aFe feet of Gross residential fleeF area /(_RCA\ shall he permitter) for eanh one hURdred (180) square feet ef- buildable site apea; prev;de^'�wever that single family anrd teen family dwelling units onnstrU Gterd in the medium density residential distrint shall he entitlee-d to an additional tern hl lnrdred twenty five (225) square feet of gross residential flnnr area (GRCA) per . Not more than fifty six (56) square feet of gross residential 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 a multiple - 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 stFiskea Text which is to be added is indicated as bold italics.) Net FneFe thaR S (60) square feet ef gress FesideRtial fleer area (GRFA) shall be permilted fer eaGh GRe hURdred (1 QQ) square feet of buildable. site aFea. No FRare thaR sixty (60) square feet ef gFess res flooF aFea shall be peFFA foF eaGh one h6lRdFed (100) square feet of bu site area faF aRY Gendit use listed OR con +inn 12 _ of this Mine. Not more than 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 a multiple - 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 stFiskea. Text which is to be added is indicated as bold italics.) Use • Ordinance No. 14, Series of 2004 Parking Requirement if gross resi dential fleer areas 509 snua; e feet or r r9 r.� u� i c� r cr l ess: 1 spnnes per Upit If gross resideptial flnnr ore• is ever 500 sq uare foot up to 2 square feet• 2 spenes per dwelling U pit If gross resideptial floor area i s 2 , 00Q sq aFe feet er ,ere =2.5- spaces peFdwell n . Single- Family and If a dwelling unit's gross residential floor Two - Family Dwellings area is less than 2,000 square feet: 2 spaces If a dwelling unit's gross residential floor area is 2,000 square feet or more, but less than 4,000 square feet: 3 spaces If a dwelling unit's gross residential floor area is 4,000 square feet or more, but less than 5,500 square feet: 4 spaces If a dwelling unit's gross residential floor area is 5,500 square feet or more: 5 spaces Multiple- Family If a dwelling unit's gross residential floor Dwellings area is 500 square feet or less: 9.5 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 GtF i GkeR. Text which is to be added is indicated as bold italics.) EHU Additional GRFA Type I The EHU is entitled to an additional 589 550 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 application of percentage r Ordinance No. 14, Series of 2004 9 0 • Hillside Residential .43 of site _ :10,000 sq. ft., plus None (HR) .25 of site area >10,000 and :522,000 sq. ft., plus .07 of site area >22,000 sq. ft. Single - Family .40 of site area :510,000 sq. ft., plus None Residential (SFR) .13 of site area >10,000 sq. ft. Two - Family .46 of site area :510,000 sq. ft., plus None Residential (R) .38 of site area >10,000 and :515,000 sq. ft., plus .13 of site area >15,000 and :530,000 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 515,000 sq. ft., plus (P /S) Residential .13 of site area >15,000 and :530,000 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 approval Public .80 of buildable area None Accommodation (PA) Commercial Core 1 .80 of buildable area None Commercial Core 2 .80 of buildable area None (CC2) Commercial Core 3 .30 of buildable area None (CC3) Ordinance No. 14, Series of 2004 10 Commercial Service .40 of buildable area None Center (CSC) (GRFA shall not exceed 50% of the total building floor area on any site Arterial Business .60 of buildable area None (ABD) Heavy Service (HS) None permitted None Lionshead Mixed 2.5 of buildable area None Use 1 (LMU -1) 2.5 of buildable area Lionshead Mixed None Use 2 (LMU -2) Agriculture and 2,000 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 approval Natural Area None permitted None Preservation (NAP) Ski Base /Recreation Per Town Council approval None (SBR) Special Per underlying zoning or per development plan None Development approval by Town Council Districts SDD Ski Base /Recreation Per Planning and Environmental Commission None 2 (SBR2) approval Section 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: t • • 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 may be included in the garage area deduction. 2. Attic areas with a ceiling height of five feet (6) 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 12 (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 (6) 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 a floor -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 floor to ceiling, with an allowance for a railing of up to forty four inches (44 ") in height and support posts with a diameter of eighteen inches (18 ") or less which are spaced no closer than ten feet (10') apart. The space between the posts shall be measured from the outer surface of the post. 2. Additional Calculation Provisions: a. Common Interior Party Walls: Where 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 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 a floor -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: 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 storages areas, providing access to such areas is from common hallways only. Ordinance No. 14, Series of 2004 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 (6) 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., Is 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 (6) 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 (6) 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 a floor -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 (6) 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 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 Ordinance No. 14, Series of 2004 18 side windows would bring the overall window area to approximately forty four (44) square feet. 0 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 a floor -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 (6) 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. c\ 3. Crawlspaces accessible through an opening not greater Ordinance No. 14, Series of 2004 19 than twelve (12) square feet in area, with five feet (6) 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. e. Crawl And Attic Space: 0 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 -15-413 (INTERIOR CONVERSIONS) of the Vail Town Code shall hereby be amended as follows: (Text which is to be deleted is indicated as str+skea 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, Single family N f pFirnaFyiseGGR ary „r M lti faMil" 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 40 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 StFiGken 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 B. Single - Family Dwellings And Two - Family Dwellings in zone districts other than the Single- Family Residential (SFR), Two - Family Residential (R), and Two - Family Primary/Secondary Residential. (PS) Districts: A single - family or two- family dwelling unit shall be eligible for additional gross residential floor area (GRFA) not to exceed a maximum of two hundred fifty (250) square feet of GRFA in addition to the existing or allowable GRFA for the site. Before such additional GRFA can be granted, the single - family or two- family dwelling unit shall meet the following criteria: 1. Eligible Time Frame: A single - family or two- family dwelling unit shall be eligible for additional GRFA, pursuant to this section, if it is in existence prior to November 30, 1995, or a completed design review board application for the original construction of said unit has been accepted by the department of community development by November 30, 1995. In addition, at least five (5) years must have passed from the date the single - family dwelling or two- family dwelling unit was issued a certificate of occupancy (whether temporary or final) or, in the event a certificate of occupancy was not required for use of the dwelling at the time of completion, from the date of original completion and occupancy of the dwelling. 0 Ordinance No. 14, Series of 2004 24 2. Use Of Additional Floor Space: Proposals for the utilization of the additional gross residential floor area (GRFA) under this provision shall comply with all town • zoning requirements and applicable development standards. If a variance is required for a proposal, it shall be approved by the planning and environmental commission pursuant to chapter 17 of this title before an application is made in accordance with this section. The applicant must obtain a building permit within one year of final planning and environmental commission approval or the approval for additional GRFA shall be voided. 3. Garage Conversions: If any proposal provides for the conversion of a garage or enclosed parking area to GRFA, such conversion will not be allowed unless: a) either the conversion will not reduce the number of enclosed parking spaces below the number required by this code; or b) provision is made for creation of such additional enclosed parking spaces as may be required for the new total GRFA under this code. Plans for a new garage or enclosed parking area, if required, shall accompany the application under this section, and shall be constructed concurrently with the conversion. 4. Parking: Any increase in parking requirements as set forth in chapter 10 of this title due to any GRFA addition pursuant to this section shall be met by the applicant. 5. Conformity With Guidelines: All proposals under this section shall be required to conform to the design review guidelines set forth in chapter 11 of this title. A single - family or two- family dwelling unit for which an addition is proposed shall be required to meet the minimum town landscaping standards as set forth in chapter • 11 of this title. Before any additional GRFA may be permitted in accordance with this section, the staff shall review the maintenance and upkeep of the existing single - family or two- family dwelling and site, including landscaping, to determine whether they comply with the design review guidelines. No temporary certificate of occupancy shall be issued for any expansion of GRFA pursuant to this section until all required improvements to the site and structure have been completed as required. 6. Applicability: No pooling of gross residential floor area shall be- allowed in single - family or two- family dwelling units. No application for additional GRFA shall request more than two hundred fifty (250) square feet of gross residential floor area per single - family dwelling or two- family dwelling, nor shall any application be made for additional GRFA until such time as all the allowable GRFA has been constructed on the property, or an application is presently pending in conjunction with the application for additional GRFA that utilizes all allowable GRFA for the property. 7. One -Time Grant: Any single - family or two- family dwelling unit which has previously been granted additional GRFA pursuant to this section and is demo /rebuild, shall be rebuilt without the additional GRFA as previously approved. �\ 8. Demo /Rebuild Not Eligible: Any single - family or two- family dwelling unit which is to be demo /rebuild shall not be eligible for additional GRFA. Ordinance No. 14, Series of 2004 25 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 G. Multi - Family Dwellings: Any dwelling unit in a multi - family structure that meets allowable GRFA shall be eligible for additional gross residential floor area (GRFA) not to exceed a maximum of two hundred fifty (250) square feet of GRFA in addition to the existing or allowable GRFA for the site. Any application of such additional GRFA must meet the following criteria: 1. Eligible Time Frame: A multiple - family dwelling unit shall be eligible for additional GRFA, pursuant to this section, if it is in existence prior to November 30, 1995, or a completed design review board application for the original construction of said unit has been accepted by the department of community development by November 30, 1995. In addition, at least five (5) years must have passed from the date the building was issued a certificate of occupancy (whether temporary or final) or, in the event a certificate of occupancy was not required for use of the building at the time of completion, from the date of original completion and occupancy of the building. 2. Use of Additional Floor Space: Proposals for the utilization of the additional GRFA under this provision shall comply with all town zoning requirements and applicable development standards. If a variance is required for a proposal, it shall be approved by the planning and environmental commission pursuant to chapter 17 of this title before an application is made in accordance with this section. The applicant must obtain a building permit within one year of final planning and environmental commission approval or the approval for additional GRFA shall be voided. 3. Parking Area Conversions: Portions of existing enclosed parking areas may be converted to GRFA under this section if there is no loss of existing enclosed parking spaces in said enclosed parking area. 4. Parking Requirements Observed: Any increase in parking requirements due to any GRFA addition pursuant to this section shall be met by the applicant. 5. Guideline Compliance; Review: All proposals under this section shall be reviewed for compliance with the design review guidelines as set forth in chapter 11 of this title. Existing properties for which additional GRFA is proposed shall be required to meet minimum town landscaping standards as set forth in chapter 11 . of this title. General maintenance and upkeep of existing buildings and sites, including the multi - family dwellings, landscaping or site improvements (i.e., trash facilities, berming to screen surface parking, etc.) shall be reviewed by the staff after the application is made for conformance to said design review guidelines. No temporary certificate of occupancy shall be issued for any expansion of GRFA pursuant to this section until all required improvements to the multi - family dwelling site and building have been completed as required. 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. Ordinance No. 14, Series of 2004 26 7. Applicability: The provisions of this section are applicable only to GRFA additions to individual dwelling units. No pooling of GRFA shall be allowed in multi - family dwellings. No application for additional GRFA shall request more than two hundred fifty (250) square feet of gross residential floor area per dwelling unit nor shall any application be made for additional GRFA until such time as all the allowable GRFA has been constructed on the property. When exterior additions are proposed to a multi - family structure, the addition of the GRFA shall be designed and developed in context of the entire structure. 8. Nontransferable To Demo /Rebuild: Any building which has previously been granted additional GRFA pursuant to this section and is demo /rebuild, shall be rebuilt without the additional GRFA as previously approved. 9. Demo /Rebuild Not Eligible: Any multiple - family structure or dwelling unit which is to be demo /rebuild shall not be eligible for additional GRFA. 10. Nonconforming Structures And Site Improvements: Structures which do not conform to density controls shall be eligible for additional GRFA pursuant to this section. ED. 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. Ordinance No. 14, Series of 2004 27 • c • • 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: is 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 StF iGkeR. 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 Ordinance No. 14, Series of 2004 28 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 6 th day of June, 2004 and a public hearing for second reading of this Ordinance set for the 20 day of July, 2004, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. L Ordinance No. 14, Series of 2004 29 0 C: ATTEST: Lorelei Donaldson, Town Clerk Rod Slifer, Mayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 1 2004. ATTEST: Lorelei Donaldson, Town Clerk Rod Slifer, Mayor 0 Ordinance No. 14, Series of 2004 30 Attachment: B ORDINANCE NO. 10 Series of 2004 AN ORDINANCE AMENDING TITLE 12 (ZONING REGULATIONS), VAIL TOWN CODE, TO AMEND THE GROSS RESIDENTIAL FLOOR AREA (GRFA) REGULATIONS IN THE SINGLE - FAMILY RESIDENTIAL (SFR), TWO- FAMILY RESIDENTIAL (R), AND TWO- FAMILY PRIMARY /SECONDARY RESIDENTIAL (PS) ZONE DISTRICTS AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this text amendment at its September 8, 2003, meeting, and has submitted its recommendation to the Town Council; and WHEREAS, the Vail Town Council finds that the amendments are consistent with the • applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds that the amendments further the general and specific purposes of the zoning regulations; and WHEREAS, the Vail Town Council finds that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF i 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 striskea. 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 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. FLOOR AREA, GROSS RESIDENTIAL (GRFA): The total square footage of all levels of a building, as measuFed at the inside faGe of the exteFiE)F walls (i.e., R9t i RGIUd i ng , sheetreolr plaster and ether similar wall finishes) 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 -613-813 (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 stfisken Text which is to be added is 0 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 of ten thousand (10,000) square feet. af isitkin'"int-I 49 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 stricken Text which is to be added is indicated as bold italics.) B. Gross Residential Floor Area: 1. The following gross residential floor area (GRFA) shall be permitted on each site: a Twenty five (25) square foot of press residential flnnr area (GI F fer each nne hi indred (1 00) ern care foot of the first fifteen they sand (15 sq pare feet of site area• plus i Ordinance No. 10, Series of 2004 3 .■ ... ■ a. Not more than forty six (46) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10,000) square feet of site area; plus b. Thirty eight(38) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over ten thousand (10,000) square feet, not exceeding fifteen thousand (15,000) square feet of site area; plus c. Thirteen(13) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over fifteen thousand (15,000) square feet, not exceeding thirty thousand (30,000) square feet of site area; plus d. Six (6) square feet of gross residential floor area (GRFA) for • each one hundred (100) square feet of site area in excess of thirty thousand (30,000) square feet. r. =rzr.. :�r_��n�a:nt:♦:rsT:E:nr,:s�r 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 Strom 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: o Twenty fide (25) soy care foot of gross residential floor area (GRFA) fns onrh nno hi indFed (1 00) sq foot of the first fifteen thousand (15 square feet of site area; nit is ,4, . Ordinance No. 10, Series of 2004 M-MWAF a. Not more than forty six (46) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10,000) square feet of site area; plus b. Thirty eight (38) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over ten thousand (10,000) square feet, not exceeding fifteen thousand (15,000) square feet of site area; plus c. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over fifteen thousand (15,000) square feet, not exceeding thirty thousand (30,000) square feet of site area; plus d. Six (6) square feet of gross residential floor (GRFA) for each one hundred (100) square feet of site area in excess of • thirty thousand (30,000) square feet. e. The secondary unit shall not exceed forty percent (40%) of the allowable GRFA. - Section 5. Section 12- 10 -10B (Parking Requirement, Schedule B) of the Vail Town Code shall hereby be amended as follows: (Text which is to be deleted is indicated as s#iskeR Text which is to be added is indicated as bold italics.) Use Parking Requirement Dwelling unit if gFGssTesideRtial fieer areas 508 square feet 9F l ess: 1 snares nor i init if gross rosir�lontinl flnnr Oren is nvor 500 sn� i^+ro foo4 • Ordinance No. 10, Series of 2004 5 • Single- Family and If a dwelling unit's gross residential floor Two - Family Dwellings area is less than 2,000 square feet: 2 spaces If a dwelling unit's gross residential floor area is 2,000 square feet or more, but less than 4,000 square feet: 3 spaces If a dwelling unit's gross residential floor area is 4,000 square feet or more, but less than 5,500 square feet: 4 spaces If a dwelling unit's gross residential floor area is 5,500 square feet or more: 5 spaces Multiple - Family If a dwelling unit's gross residential floor Dwellings area is 500 square feet or less: 1.5 spaces • 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 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 StF . Text which is to be added is indicated as bold italics.) EHU Additional GRFA Type I The EHU is entitled to an additional 598 550 sq. ft. Type II The EHU is entitled to an additional 588 550 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: c • Ordinance No. 10, Series of 2004 6 Zone Districts GRFA Ratio GRFA Credits (Added to results of application of percentage Hillside Residential .20 of site :521,780 sq. ft., plus 425 sq. ft. per allowable dwelling unit (HR) .05 of site area >21,780 sq. ft. Single - Family .40 of site area :510,000 sq. ft., plus None Residential (SFR) .13 of site area >10,000 sq. ft. Two - Family .46 of site area :510,000 sq. ft., plus None Residential (R) .38 of site area >10,000 and :515,000 sq. ft., plus .13 of site area >15,000 and :530,000 sq. ft., plus .06 of site area >30,000 sq. ft. Two - Family .46 of site area :510,000 sq. ft., plus None Primary/Secondary .38 of site area >10,000 and :515,000 sq. ft., (P /S) Residential plus .13 of site area >15,000 and :530,000 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 approval Public .80 of buildable area None Accommodation (PA) Commercial Core 1 .80 of buildable area None (CC1) Ordinance No. 10, Series of 2004 • LJ • • 0 Commercial Core 2 .80 of buildable area None (CC2) Commercial Core 3 .30 of buildable area None (CC3) Commercial Service .40 of buildable area None Center (CSC) (GRFA shall not exceed 50% of the total building floor area on any site Arterial Business .60 of buildable area None (ABD) Heavy Service (HS) None permitted None Lionshead Mixed 2.5 of buildable area None Use 1 (LMU -1) 2.5 of buildable area Lionshead Mixed None Use 2 (LMU -2) Agriculture and 2,000 square feet None Open Space (A) Outdoor Recreation None permitted None (OR) Parking (P) None permitted None General Use (GU) Per Planning and Environmental Commission None approval Natural Area None permitted None Preservation (NAP) 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 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- is 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 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. b. Attic areas with a ceiling height of five feet (6) or less, as measured from the top side of the structural members of the floor to the underside of the structural members of the roof directly above. c. Attic areas created by construction of a roof with structural truss - type members, provided the trusses are spaced no greater than thirty inches (30 ") apart. d. Attic areas created by construction of a roof structure utilizing a nontruss system, with spaces greater than five feet (6) 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" or similar structural system cannot be utilized as defined in the definition of floor area; and (5) It will be necessary that a structural element (i.e., collar - tie) be utilized when rafters are used for the roof system. In an unusual situation, such as when a bearing ridge system is used, the staff will review the space for compliance with this policy. e. Crawlspaces accessible through an opening not greater than twelve (12) square feet in area, with five feet (6) 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 (6) 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 a floor -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 Ordinance No. 10, Series of 2004 feet (10') apart. The space between the posts shall be measured 10 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. L ' 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 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 0 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 a floor -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 t 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 12 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 I II "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 (6) 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 13 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 • Ordinance No. 10, Series of 2004 shall be self- supporting and shall not require special 14 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. 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 • Ordinance No. 10, Series of 2004 15 • • 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 -15-413 (INTERIOR CONVERSIONS) of the Vail Town Code shall hereby be amended as follows: (Text which is to be deleted is indicated as stFiGken Text which is to be added is indicated as bold italics.) B. Applicability: Within all zone districts except the Single- Family Residential, Two - Family Residential, and Two - Family Primary/Secondary Residential Districts, dwelling units that meet or exceed allowable GRFA will be eligible to make interior conversions provided the following criteria are satisfied: 1. Any existing dwelling unit shall be eligible to add GRFA, via the "interior space conversion" provision in excess of existing or allowable GRFA including such units located in a special development district; provided, that such GRFA complies with the standards outlined herein. 2. For the purpose of this section, "existing unit" shall mean any dwelling unit that has been constructed prior to August 5, 1997, and has received a certificate of occupancy, or has been issued a building permit prior to August 5, 1997, or has received final design review board approval prior to August 5, 1997. 0 Ordinance No. 10, Series of 2004 16 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 r+" . Text which is to be added is indicated as bold italics.) A. Purpose: The purpose of this section is to provide an inducement for the upgrading of existing dwelling units which have been in existence within the town for a period of at least five (5) years by permitting the addition of up to two hundred fifty (250) square feet of gross residential floor area (GRFA) to such dwelling units, provided the criteria set forth in this section are met. This section does not assure each single - family or two - family dwelling unit located within the town an additional two hundred fifty (250) square feet, and proposals for any additions hereunder shall be reviewed closely with respect to site planning, impact on adjacent properties, and applicable town development standards. The two hundred fifty (250) square feet of additional gross residential floor area may be granted to existing single - family dwellings, existing two- family and existing multi - family dwelling units only once, but may be requested and granted in more than one increment of less than two hundred fifty (250) square feet. Upgrading of an existing dwelling unit under this section shall include additions thereto or renovations thereof, but a demo /rebuild shall not be included as being eligible for additional gross residential floor area. B. Applicability: The provisions of this section shall apply to dwelling units in all • zone districts except the Single- Family Residential, Two - Family Residential, and Two - Family Primary/Secondary Residential Zone Districts. C B. Single - Family Dwellings And Two - Family Dwellings: A single - family or two- family dwelling unit shall be eligible for additional gross residential floor area (GRFA) not to exceed a maximum of two hundred fifty (250) square feet of GRFA in addition to the existing or allowable GRFA for the site. Before such additional GRFA can be granted, the single - family or two- family dwelling unit shall meet the following criteria: 1. Eligible Time Frame: A single - family or two- family dwelling unit shall be eligible for additional GRFA, pursuant to this section, if it is in existence prior to November 30, 1995, or a completed design review board application for the original construction of said unit has been accepted by the department of community development by November 30, 1995. In addition, at least five (5) years must have passed from the date the single - family dwelling or two- family dwelling unit was issued a certificate of occupancy (whether temporary or final) or, in the event a certificate of occupancy was not required for use of the dwelling at the time of completion, from the date of original completion and occupancy of the dwelling. 2. Use Of Additional Floor Space: Proposals for the utilization of the additional gross residential floor area (GRFA) under this provision shall comply with all town zoning requirements and applicable development standards. If a variance is required for a proposal, it shall be approved by the planning and environmental Ordinance No. 10, Series of 2004 17 .commission pursuant to chapter 17 of this title before an application is made in • accordance with this section. The applicant must obtain a building permit within one year of final planning and environmental commission approval or the approval for additional GRFA shall be voided. 3. Garage Conversions: If any proposal provides for the conversion of a garage or enclosed parking area to GRFA, such conversion will not be allowed unless: a) either the conversion will not reduce the number of enclosed parking spaces below the number required by this code; or b) provision is made for creation of such additional enclosed parking spaces as may be required for the new total GRFA under this code. Plans for a new garage or enclosed parking area, if required, shall accompany the application under this section, and shall be constructed concurrently with the conversion. 4. Parking: Any increase in parking requirements as set forth in chapter 10 of this title due to any GRFA addition pursuant to this section shall be met by the applicant. 5. Conformity With Guidelines: All proposals under this section shall be required to conform to the design review guidelines set forth in chapter 11 of this title. A single - family or two- family dwelling unit for which an addition is proposed shall be required to meet the minimum town landscaping standards as set forth in chapter 11 of this title. Before any additional GRFA may be permitted in accordance with this section, the staff shall review the maintenance and upkeep of the existing single - family or two- family dwelling and site, including landscaping, to determine whether they comply with the design review guidelines. No temporary certificate • of occupancy shall be issued for any expansion of GRFA pursuant to this section until all required improvements to the site and structure have been completed as required. 6. Applicability: No pooling of gross residential floor area shall be allowed in single - family or two- family dwelling units. No application for additional GRFA shall request more than two hundred fifty (250) square feet of gross residential floor area per single - family dwelling or two- family dwelling, nor shall any application be made for additional GRFA until such time as all the allowable GRFA has been constructed on the property, or an application is presently pending in conjunction with the application for additional GRFA that utilizes all allowable GRFA for the property. 7. One -Time Grant: Any single - family or two - family dwelling unit which has previously been granted additional GRFA pursuant to this section and is demo /rebuild, shall be rebuilt without the additional GRFA as previously approved. 8. Demo /Rebuild Not Eligible: Any single - family or two- family dwelling unit which is to be demo /rebuild shall not be eligible for additional GRFA. 9. Nonconforming Structures And Site Improvements: Structures which do not conform to density controls shall be eligible for additional GRFA pursuant to this section. • Ordinance No. 10, Series of 2004 18 D G. Multi - Family Dwellings: Any dwelling unit in a multi - family structure that meets allowable GRFA shall be eligible for additional gross residential floor area (GRFA) not to exceed a maximum of two hundred fifty (250) square feet of GRFA in addition to the existing or allowable GRFA for the site. Any application of such additional GRFA must meet the following criteria: 1. Eligible Time Frame: A multiple - family dwelling unit shall be eligible for additional GRFA, pursuant to this section, if it is in existence prior to November 30, 1995, or a completed design review board application for the original construction of said unit has been accepted by the department of community J _.._I _.- ... - _�a �.. Novembe on enne I_ _ -Into. _L least r..._ ... ..____ must have _- d evelopment by Novembe JU, 1 Z;Vj 111 c.1UUlUUl1, at le 11 kz)J years must nave 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 applicableconly 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 a multi - family structure, the addition of the GRFA shall be designed and developed in context of the entire structure. 8. Nontransferable To Demo /Rebuild: Any building which has previously been granted additional GRFA pursuant to this section and is demo /rebuild, shall be rebuilt without the additional GRFA as previously approved. 9. Demo /Rebuild Not Eligible: Any multiple - family structure or dwelling unit which is to be demo /rebuild shall not be eligible for additional GRFA. 10. Nonconforming Structures And Site Improvements: Structures which do not conform to density controls shall be eligible for additional GRFA pursuant to this section. ED. 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 is 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 fvnvvvs. a. Application for GRFA additions which involve no change to the exterior of a structure shall be reviewed and approved by the department of community development. b. Applications for GRFA additions involving exterior changes to a building shall be reviewed and approved by the design review board in accordance • with the provisions of this section. Ordinance No. 10, Series of 2004 20 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 StFd . 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 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 21 • Q • 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 Town 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 1S day of June, 2004 and a public hearing for second reading of this Ordinance set for the 6 th day of July, 2004, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. • Ordinance No. 10, Series of 2004 22 Rod Slifer, Mayor • ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 1 2004. ATTEST:, Lorelei Donaldson, Town Clerk t Rod Slifer, Mayor • Ordinance No. 10, Series of 2004 . • 23 VAIL TOWN COUNCIL EVENING SESSION TUESDAY, JULY 20, 2004 6:00 P.M. TOV COUNCIL CHAMBERS The regular meeting of the Vail Town Council convened at approximately 6:00 p.m. on Tuesday, July 20, 2004. Council Members Present: Kent Logan, Rod Slifer, Dick Cleveland, Kim Ruotolo, Diana Donovan, Greg Moffet Council Members Not Present: Farrow Hitt Staff Members Present: Stan Zemler, Town Manager (Arrived at approx. 7:30 P.M.) Pam Brandmeyer, Assistant Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation: ➢ Stephen Connelly, representing the Valley -Wide Ice Users Alliance ( VWIUA), asked the Council to consider supporting the installation of the Vail Ice Dome in a location other than Vail, if the opportunity arose. Connelly then recommended that the Dobson Arena lease agreement be modified so as to free up funds to be used for operation of the Ice Dome. Connelly continued by stating that the VWIUA would request operating funds from Eagle County for operation of the Ice Dome and requested that smoke mitigation in Dobson Area be performed. Assistant Town Manager Pam Brandmeyer asked that VWIUA provide a formal request to the Town Council at its Aug. 3 meeting. ➢ Sherry Dorward, representing the Betty Ford Alpine Gardens, invited the Town Council and the public to attend a fundraising dinner on Aug. 21. She also announced the Gardens had recently hired Jim Brandmeyer, an experienced fund raiser as its new executive director. The second item on the agenda was Proclamation 3, Series 2004. Proclamation 3, Series 2004, was read in recognition of Polly Letofsky and her "walk around the world" to raise awareness of breast cancer. It was then announced that on July 30, anyone interested in joining Letofsky on the final leg of her journey, can meet her at the East Vail Campground at 2:30 p.m. as she completes her 14,000 mile walk. A reception will follow at 3:30 p.m. at Billy's Island Grill in LionsHead. The third item on the agenda was the appointment of an Art in Public Places (AIPP) board position. Council interviewed in the afternoon and, at the evening meeting, appointed Kay Cherry to an Art in Public Places (AIPP) board position. Cherry will be filling a position vacated by Millie Aldrich. Tom Gorman had originally applied for the position as well; however, he withdrew his name prior to the interview. The fourth item on the agenda was the appointment of a Design Review Board (DRB) Position. Council interviewed five candidates to fill a Design Review Board Position (DRB) being vacated by Scott Proper. The candidates were Charles Baker, Betsy Bradley, Kay Cherry, Peter Dunning and Kathy Langenwalter. Councilman Dick Cleveland recused himself from the interview and voting process, as his spouse ( Langenwalter) had applied for the appointment. Council was unable to obtain a majority vote on the appointment. Subsequently, a motion was passed to table the appointment until the Aug. 3 meeting. Ruotolo moved, Moffet seconded. Motion passed 5 -0 . The fifth item on the agenda was the consent agenda. Minutes were approved from 06.01.04, 06.15.04, and 07.06.04 Town Council Meetings. Donovan inquired about item 6 on the 06.15.04 minutes questioning if the adopted noxious weed control plan was specifically applicable to the Vail Valley. Town Attorney, Matt Mire, stated that the state plan had been modified to specifically include only those plants common to the localized area. Ruotolo stated that in the town managers report, the dates for the community picnics were not accurate. Assistant Town Manger, Pam Brandmeyer, stated that at the time of the 06.15.04 meeting the dates were accurate, however, had been recently altered. Donovan then requested that an addition be made to item 9 in the 07.06.04 minutes, specifically regarding the addition of mitigation discussion regarding three keys and the Crossroads sidewalk. Moffet moved, Ruotolo seconded. Motion passed unanimously, 6 -0. The sixth item on the agenda was the Chamonix Property Master Site Planning. Project Facilitator, Suzanne Silverthorn, received approval of a request to authorize the Town Manager to enter into a contract with the Davis Partnership / Michael Hazard & Associates, Edwards, Colorado, for an amount not to exceed $50,000 to facilitate preparation of a master land use plan for the Chamonix property at 2310 Chamonix Road. The Chamonix property planning team will now help facilitate a process that will include a series of neighborhood meetings and Town Council discussions to accommodate previous decisions to site a fire station on the property and to identify and evaluate additional uses that will maximize community benefit while complementing the surrounding neighborhood. Moffet moved, Logan seconded. Motion passed unanimously, 6 -0. The seventh item on the agenda was a Conference Center Update. Community Development Director Russell Forrest announced that potential design teams for the Vail conference center had been narrowed to four. Interviews will be taking place on July 23, followed by an open house. The public is invited to attend. Slifer thanked the town's owner's representative, ARC, for helping to narrow the list of architectural firms who had responded to an earlier request for qualifications. The eighth item on the agenda was the Renovation of Pirate Ship Park. Council approved a construction contract between the Town of Vail and J.L. Viele Construction, Inc. for the Pirate Ship Park renovation project. Council also approved a total budget of $331,800 for the project, which will include a complete rebuild of the pirate ship as designed by local artist Ty Gillespie. Construction will begin Sept. 7 and will be substantially complete this fall. Moffet moved, Ruotolo seconded. Motion passed unanimously, 6 -0. The ninth item on the agenda was North Frontage Road Recreation Path Connection and Red Sandstone Parking Improvements. Council approved a contract with Shaw Construction for $598,662 for construction of the North Frontage Road recreation path. The project will complete the recreation path from the West Vail roundabout to the Main Vail roundabout by connecting the Middle Creek housing project's path with the Red Sandstone pedestrian bridge. Construction is scheduled to begin in August and will include improvements to the parking lot at Red Sandstone School. Moffet moved, Ruotolo seconded. Motion passed unanimously, 6 -0. The tenth item on the agenda was a Design Review Board Appeal. Council performed a site visit, and subsequently overturned a Design Review Board denial of a design review application pursuant to Section 12 -11, Design Review, Vail Town Code, to allow for a minor alteration (repaint) to an existing residence, located at 2568 Arosa Drive /Lot 4, Block C, Vail Das Schone Filing No. 1. Logan asked why the colors weren't approved. Logan stated that he thought the design review process was arbitrary. George Ruther stated that a complaint about the color of the house had been received in the Community Development Department. Cleveland stated as a neighbor, he did not believe that the color of the house was offensive. Home owner, Beth Perkins, apologized for painting her home prior to staff or DRB approval, and stated she did have a full and complete understanding of the DRB process. Arosa Drive property owner, Dennis Scilicy, applauded the color Perkins had painted her home. Moffet moved to overturn, Logan seconded. Motion passed unanimously 6 -0. The motion was amended to include the stipulation that Ms. Perkins submit a complete and accurate DRB application. The eleventh item on the agenda was the first reading of Ordinance No. 18, Series 2004, an Ordinance authorizing retail liquor stores or licensed drug stores in the Town of Vail to conduct on site alcoholic beverage tastings; and setting forth details in regard thereto. Pursuant to certain amendments made to Chapter 47 of Title 12 of the Colorado Revised Statutes, retail liquor store licensees and liquor - licensed drug stores may be authorized to conduct alcoholic beverage tastings subject to specific limitations set forth in the aforesaid amendments. Town Attorney, Matt Mire stated that according to the new law, as well as the Town Charter, the town must adopt an ordinance allowing for said tastings to occur. Moffet moved, Ruotolo seconded. The motion passed 5 -1, with Donovan opposed. Mire subsequently announced that he will bring forward an ordinance that would amend the town's existing open container law in the near future. The twelfth item on the agenda was 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, and; 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. Ordinance 10, originally proposed to address the GRFA question failed. Moffet moved, and Cleveland seconded the motion to eliminate Ordinance 10. The motion passed with a unanimous vote of 6 -0. Moffet moved and Cleveland seconded the motion to approve Ordinance 14. The motion passed with a vote of 5 -1, with Donovan dissenting. Councilwoman Donovan expressed concern that the original intent of revising the GRFA formula had not been met and continued by stating that Council had caved to the pressure of friends, neighbors and special interests. Ordinance No. 14 increases the percentage amounts in allowable GRFA calculations, clarifies which architectural features count as GRFA and repeals the "250 addition" and "interior conversion" GRFA bonuses that were in effect in the SFR, R and PS zone districts. Additionally, Ordinance 14 increases residential parking requirements. Several citizens voiced opinion on the aforementioned actions. Ron Byrne stated that he had not spoken with anyone in town who didn't support GRFA modifications. Byrne continued by stating the town council needs to support such modifications in order to keep Vail competitive with market demand. Eric Shirley also voiced concern that as elected officials, the Town Council was not properly representing the will of the people. Shirley continued by noting that no one has spoken out against the proposed GRFA modifications in a public forum. John Ellison reiterated by stating the residents of Vail wanted the GRFA passed. Dan Nielsson also encouraged Council to pass the GRFA Ordinance. Jim Lamont, Vail Homeowner's Association, urged Council to make the GRFA modifications, while maintaining the use of the 250 addition, and interior conversions. Lamont continued by stating that up to this point, in the town's history, Vail's zoning has been inclusionary as opposed to exclusionary. John Schofield applauded council's continued efforts regarding the reformulation of GRFA and their decision to return to an ordinance version more closely resembling the original Planning and Environmental Commission recommendation. Earlier during the GFRA discussion, a motion made by Moffet and seconded by Logan, failed by a 3 -3 vote. Slifer, Logan and Moffet voted for the motion with Donovan, Ruotolo and Cleveland dissenting. The motion would have altered Ordinace 14, in that below grade deductions could have been used on multiple levels. The thirteenth item on the agenda was the Second Reading of Ordinance 12, Series 2004, an ordinance amending Title 6, Chapter 3, of the Municipal Code of the Town of Vail; providing for certain housekeeping amendments to the Town of Vail Police Regulations; and setting forth details in regards thereto. After consultation with the Town Prosecutor, several housekeeping amendments were proposed to bring the Town's Police Regulations up to date and in further compliance with State Statute. Cleveland moved, Moffet seconded. Motion passed unanimously, 6 -0. The fourteenth item on the agenda was the Second reading of Ordinance No. 15, Series of 2004, an ordinance amending Ordinance No. 12, Series of 1997, removing a condition of approval that prohibits the operation of restaurants within the special development district, and setting forth details in regard thereto. Moffet moved, Cleveland seconded. Motion passed unanimously, 6 -0. The fifteenth item on the agenda was the Second reading of Ordinance No. 16, Series of 2004, an ordinance repealing Ordinance No. 21, Series of 2001, and adopting an amended approved development plan for Special Development District No. 6, Vail Village Inn, Phase IV, to allow for the construction of the Vail Plaza Hotel. Cleveland moved, Moffet seconded. Motion passed 5 -1, with Slifer dissenting. The sixteenth item on the agenda was the Town Managers Report. ➢ Dobson Arena Smoke Mitigation Update Town Manager, Stan Zemler explained that the scope of the smoke management system at the Dobson Ice Arena has changed, since Odell Architects made it known in April that potential project costs may exceed $500k. After this revelation, the Chief Building Official and Fire Marshal conducted code research and determined adding additional exits on the north side of the facility would allow for an increase in occupant load. Staff has since proceeded to obtain further code engineering and structural engineering analysis to determine the feasibility of a north exit door scenario. This change in the project will result in considerable savings. Roughly estimated project costs could be closer to $150,000, and there would be little lost ice time over the summer, during construction. Completion is expected by November 2004. A new proposal has been submitted to the DRB and town staff is expecting approval. The new submittal will increase capacity to close to 3000 persons. The new design increases the center isles in the bleachers from 44" to 72 ", replaces sprinkler heads to reduce the hazard of the wood roof, and recommends the installation of two pairs of three foot doors and stairs on the north outside wall. This project is currently unbudgeted. Once contractor pricing is obtained, staff will ask for the project to be added to the next supplemental appropriation. ➢ Eagle County Capital Improvement Budget Dick Cleveland reported that new Eagle County capital project requests and matching funds requirements will impact past project prioritization efforts, specifically the proposed West Vail fire station. Cleveland said that Eagle County had received a grant for the installation of radar at the county- operated airport, which will impact previous recommendations for capital projects. The seventeenth item on the agenda was adjournment. At approximately 10:05 p.m. Moffet moved to adjourn the meeting with Ruotolo seconding. The motion passed unanimously, 6 -0. Respectfully Submitted, Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk 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. 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 (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. 1 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 within 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 a multiple - family buildinq. 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 a loop -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. Purpose The current "250 Ordinance" GRFA bonus only applies to select buildings that were constructed prior to November 30, 1995 and 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 accounting /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. Purpose 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. 7 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 M. 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 I 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 a floor -to- ceiling height of 66" 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 crawls pace/base ment 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 a footer /foundation design guideline as follows: 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. 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 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 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. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF I 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 StF . 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 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. FLOOR AREA, GROSS RESIDENTIAL (GRFA): The t square feetag of a ll levels of a building, as measuFed at the inside faGe of the extepieF walls (i.e., Ret iRG!UdiRg , sheetFGGL , nlasteF and ether similar wall finish . 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 -613-813 (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 stricken `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 of ten thousand (10,000) square feet. 3. No single - family residential lot except those located entirely in the red hazard avalanche zone or the flood plain'shall be so restricted that it cannot be occupied by one single - family dwelling. Section 3. Section 12 -6C -8B (Two - Family Residential District, Density Control) of the Vail Town Code shall hereby be amended as follows: (Text which is to be deleted is indicated as Stte Text which is to be added is indicated as bold italics.) B. Gross Residential Floor Area: 1. The following gross residential floor area (GRFA) shall be permitted on each site: a Twenty five (25) square feat of gross residential floor area ( (GRFA) for each ooe hundred ( 100) square feet of the first fifteen the„sand ( 15. 000) square feet of site area• , ph 4s Ordinance No. 10, Series of 2004 3 • . ... .... a. Not more than forty six (46) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10,000) square feet of site area; plus b. Thirty eight(38) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over ten thousand (10,000) square feet, not exceeding fifteen thousand (15,000) square feet of site area; plus c. Thirteen(13) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over fifteen thousand (15,000) square feet, not exceeding thirty thousand (30,000) square feet of site area; plus d. Six (6) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of thirty thousand (30,000) square feet. Section 4. Section 12 -6D -8 (Two - Family Primary/Secondary Residential District Density Control) of the Vail Town Code shall hereby be amended as follows: (Text which is to be deleted is indicated as Strom Text which is to be added is indicated as bold italics.) B. Gross Residential Floor Area: 1. The following gross residential floor area (GRFA) shall be permitted on each site: a. TweRty five (25) square foot of gFess residential floor area (GRFA) for eaoh one hU Rdred (100) sq late feet of the first fifteen thousand (1 5 , 000) � sq iare feet of site area• pl6 i Ordinance No. 10, Series of 2004 4 .. .... .. a. Not more than forty six (46) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10,000) square feet of site area; plus b. Thirty eight (38) square. feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over ten thousand (10,000) square feet, not exceeding fifteen thousand (15,000) square feet of site area; plus c. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over fifteen thousand (15,000) square feet, not exceeding thirty thousand (30,000) square feet of site area; plus d. Six (6) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of thirty thousand (30,000) square feet. e. The secondary unit shall not exceed forty percent (40 %) of the allowable GRFA. Section 5. Section 12- 10 -10B (Parking Requirement, Schedule B) of the Vail Town Code shall hereby be amended as follows: (Text which is to be deleted is indicated as r Text which is to be added is indicated as bold italics.) Use Parking Requirement if erect res fleer area is ever 500 sq foe} Ordinance No. 10, Series of 2004 5 Single- Family and If a dwelling unit's gross residential floor Two - Family Dwellings area is less than 2,000 square feet: 2 spaces If a dwelling unit's gross residential floor area is 2,000 square feet or more, but less than 4,000 square feet: 3 spaces If a dwelling unit's gross residential floor area is 4,000 square feet or more, but less than 5,500 square feet: 4 spaces If a dwelling unit's gross residential floor area is 5,500 square feet or more: 5 spaces Multiple- Family If a dwelling unit's gross residential floor Dwellings area is 500 square feet or less: 1.5 spaces 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 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 590 550 sq. ft. Type II The EHU is entitled to an additional 509 550 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 application of percentage Hillside Residential .20 of site 1521,780 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 :510,000 sq. ft., plus None Residential (SFR) .13 of site area >10,000 sq. ft. Two - Family .46 of site area :510,000 sq. ft., plus None Residential (R) .38 of site area >10,000 and :515,000 sq. ft., plus .13 of site area >15,000 and :530,000 sq. ft., plus .06 of site area >30,000 sq. ft. Two - Family .46 of site area :510,000 sq. ft., plus None Primary/Secondary .38 of site area >10,000 and :515,000 sq. ft., (P /S) Residential plus .13 of site area >15,000 and :530,000 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 approval 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 building floor area on any site Arterial Business .60 of buildable area None (ABD) Heavy Service (HS) None permitted None Lionshead Mixed 2.5 of buildable area None Use 1 (LMU -1) 2.5 of buildable area Lionshead Mixed None Use 2 (LMU -2) Agriculture and 2,000 square feet None Open Space (A) Outdoor Recreation None permitted None (OR) Parking (P) None permitted None General Use (GU) Per Planning and Environmental Commission None approval Natural Area None permitted None Preservation (NAP) 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 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. b. Attic areas with a ceiling height of five feet (6) 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 (6) 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" or similar structural system cannot be utilized as defined in the definition of floor area; and (5) It will be necessary that a structural element (i.e., collar - tie) be utilized when rafters are used for the roof system. In an unusual situation, such as when a bearing ridge system is used, the staff will review the space for compliance with this policy. e. Crawlspaces accessible through an opening not greater than twelve (12) square feet in area, with five feet (6) 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 (6) 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 a floor -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 diamet6 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 10 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 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 (6) 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 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. 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 a floor -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 (6) 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 (6) 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 12 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 13 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 (6) 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 14 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 (6) may be Ordinance No. 10, Series of 2004 15 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 (6) 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 -413 (INTERIOR CONVERSIONS) 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.) B. Applicability: Within all zone districts except the Single- Family Residential, Two - Family Residential, and Two - Family Primary/Secondary Residential Districts, Single family twG family, nrimaFY/ eGGRdary or multi fan* 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 rece final design review board approval prior to August 5, 1997. Ordinance No. 10, Series of 2004 16 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 stF'GkeR Text which is to be added is indicated as bold italics.) A. Purpose: The purpose of this section is to provide an inducement for the upgrading of existing dwelling units which have been in existence within the town for a period of at least five (5) years by permitting the addition of up to two hundred fifty (250) square feet of gross residential floor area (GRFA) to such dwelling units, provided the criteria set forth in this section are met. This section does not assure each single - family or two - family dwelling unit located within the town an additional two - hundred fifty (250) square feet, and proposals for any additions hereunder shall be reviewed closely with respect to site planning, impact on adjacent properties, and applicable town development standards. The two hundred fifty (250) square feet of additional gross residential floor area may be granted to existing single - family dwellings, existing two- family and existing multi - family dwelling units only once, but may be requested and granted in more than one increment of less than two hundred fifty (250) square feet. Upgrading of an existing dwelling unit under this section shall include additions thereto or renovations thereof, but a demo /rebuild shall not be included as being eligible for additional gross residential floor area. B. Applicability: The provisions of this section shall apply to dwelling units in all zone districts except the Single- Family Residential, Two - Family Residential, and Two - Family Primary/Secondary Residential Zone Districts. C B. Single - Family Dwellings And Two - Family Dwellings: A single - family or two- family dwelling unit shall be eligible for additional gross residential floor area (GRFA) not to exceed a maximum of two hundred fifty (250) square feet of GRFA in addition to the existing or allowable GRFA for the site. Before such additional GRFA can be granted, the single - family or two- family dwelling unit shall meet the following criteria: 1. Eligible Time Frame: A single - family or two- family dwelling unit shall be eligible for additional GRFA, pursuant to this section, if it is in existence prior to November 30, 1995, or a completed design review board application for the original construction of said unit has been accepted by the department of community development by November 30, 1995. In addition, at least five (5) years must have passed from the date the single - family dwelling or two- family dwelling unit was issued a certificate of occupancy (whether temporary or final) or, in the event a certificate of occupancy was not required for use of the dwelling at the time of completion, from the date of original completion and occupancy of the dwelling. 2. Use Of Additional Floor Space: Proposals for the utilization of the additional gross residential floor area (GRFA) under this provision shall comply with all town zoning requirements and applicable development standards. If a variance is required for a proposal, it shall be approved by the planning and environmental Ordinance No. 10, Series of 2004 17 commission pursuant to chapter 17 of this title before an application is made in accordance with this section. The applicant must obtain a building permit within one year of final planning and environmental commission approval or the approval for additional GRFA shall be voided. 3. Garage Conversions: If any proposal provides for the conversion of a garage or enclosed parking area to GRFA, such conversion will not be allowed unless: a) either the conversion will not reduce the number of enclosed parking spaces below the number required by this code; or b) provision is made for creation of such additional enclosed parking spaces as may be required for the new total GRFA under this code. Plans for a new garage or enclosed parking area, if required, shall accompany the application under this section, and shall be constructed concurrently with the conversion. 4. Parking: Any increase in parking requirements as set forth in chapter 10 of this title due to any GRFA addition pursuant to this section shall be met by the applicant. 5. Conformity With Guidelines: All proposals under this section shall be required to conform to the design review guidelines set forth in chapter 11 of this title. A single - family or two- family dwelling unit for which an addition is proposed shall be required to meet the minimum town landscaping standards as set forth in chapter 11 of this title. Before any additional GRFA may be permitted in accordance with this section, the staff shall review the maintenance and upkeep of the existing single - family or two- family dwelling and site, including landscaping, to determine whether they comply with the design review guidelines. No temporary certificate of occupancy shall be issued for any expansion of GRFA pursuant to this section until all required improvements to the site and structure have been completed as required. 6. Applicability: No pooling of gross residential floor area shall be allowed in single - family or two- family dwelling units. No application for additional GRFA shall request more than two hundred fifty (250) square feet of gross residential floor area per single - family dwelling or two - family dwelling, nor shall any application be made for additional GRFA until such time as all the allowable GRFA has been constructed on the property, or an application is presently pending in conjunction with the application for additional GRFA that utilizes all allowable GRFA for the property. 7. One -Time Grant: Any single - family or two- family dwelling unit which has previously been granted additional GRFA pursuant to this section and is demo /rebuild, shall be rebuilt without the additional GRFA as previously approved. 8. Demo /Rebuild Not Eligible: Any single - family or two- family dwelling unit which is to. be demo /rebuild shall not be eligible for additional GRFA. 9. Nonconforming Structures And Site Improvements: Structures which do not conform to density controls shall be eligible for additional GRFA pursuant to this section. Ordinance No. 10, Series of 2004 18 D O. Multi - Family Dwellings: Any dwelling unit in a multi - family structure that meets allowable GRFA shall be eligible for additional gross residential floor area (GRFA) not to exceed a maximum of two hundred fifty (250) square feet of GRFA in addition to the existing or allowable GRFA for the site. Any application of such additional GRFA must meet the following criteria: 1. Eligible Time Frame: A multiple - family dwelling unit shall be eligible for additional GRFA, pursuant to this section, if it is in existence prior to November 30, 1995, or a completed design review board application for the original . construction of said unit has been accepted by the department of community development by November 30, 1995. In addition, at least five (5) years must have passed from the date the building was issued a certificate of occupancy (whether temporary or final) or, in the event a certificate of occupancy was not required for use of the building at the time of completion, from the date of original completion and occupancy of the building. 2. Use of Additional Floor Space: Proposals for the utilization of the additional GRFA under this provision shall comply with all town zoning requirements and applicable development standards. If a variance is required for a proposal, it shall be approved by the planning and environmental commission pursuant to chapter 17 of this title before an application is made in accordance with this section. The applicant must obtain a building permit within one year of final planning and environmental commission approval or the approval for additional GRFA shall be voided. 3. Parking Area Conversions: Portions of existing enclosed parking areas may be converted to GRFA under this section if there is no loss of existing enclosed parking spaces in said enclosed parking area. 4. Parking Requirements Observed: Any increase in parking requirements due to any GRFA addition pursuant to this section shall be met by the applicant. 5. Guideline Compliance; Review: All proposals under this section shall be reviewed for compliance with the design review guidelines as set forth in chapter 11 of this title. Existing properties for which additional GRFA is proposed shall be required to meet minimum town landscaping standards as set forth in chapter 11 of this title. General maintenance and upkeep of existing buildings and sites, including the multi - family dwellings, landscaping or site improvements (i.e., trash facilities, berming to screen surface parking, etc.) shall be reviewed by the staff after the application is made for conformance to said design review guidelines. No temporary certificate of occupancy shall be issued for any expansion of GRFA pursuant to this section until all required improvements to the multi - family dwelling site and building have been completed as required. 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 a multi - family structure, the addition of the GRFA shall be designed and developed in context of the entire structure. 8. Nontransferable To Demo /Rebuild: Any building which has previously been granted additional GRFA pursuant to this section and is demo /rebuild, shall be rebuilt without the additional GRFA as previously approved. 9. Demo /Rebuild Not Eligible: Any multiple - family structure or dwelling unit which is to be demo /rebuild shall not be eligible for additional GRFA. 10. Nonconforming Structures And Site Improvements: Structures which do not conform to density controls shall be eligible for additional GRFA pursuant to this section. ED. 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 20 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 striGkeR Text which is to be added is indicated as bold italics.) 92. 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 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 21 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 Town 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 1 St day of June, 2004 and a public hearing for second reading of this Ordinance set for the 6 th 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 StFi GkeR. 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 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): The tetal square feetage of an levels , sheeFrnr•L plaster and n +her imilap wall finishes) 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 ar4 ended as follows: Ordinance No. 14, Series of 2004 2 (Text which is to be deleted is indicated as str 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: h Fide (5) square foot of gross residential flogr area /(_RCA\ for eaGh GRe hURdFed (109) square feet ef site aFea eVeF tWeRty GRe thou eVeR h++ndrod eighty (21 M square feet. 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. 7 In ddition to the above four hundred twenty fide (4` 5) square feet of gFess FesideRtial flocip area (GRFA) shall be peFmitted fe 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 -613-813 (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 striGkeR Text which is to be added is . indicated as bold italics.) B. Gross Residential Floor Area: 1. The following gross residential floor area (GRFA) shall be permitted on each site: a Twenty five (25) square foot of nrncc residential floor area (GRCS) fnr each ene hu ndred (1 GO) square feet of the first twelv thousand five hundred (12 soy care feet of site area; n6 is h Ten (10) square feet of nrncc residential floor area (GRFA) fnr each nee hu ndred (1 ern square feet of site area ever Mely thni i and five hundred (12 � c snare feet a. Not more than forty (40) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10,000) square feet of site area; plus b. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of ten thousand (10,000) square feet. _. IR a dddditinn to the above fnur hi indred twenty fide (42 5) square feet of dwe WR 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 str- ken 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 (GRFA) fer eaGh GRe hURdred (100) square feet of the first fifteen thousand (15,000) square feet of site aFea; plus b. Ten (10) square feet Gf.gress r-esident flGor aFea (GRFA) fe nh nnc h„nrdrard (I nn\ sq, nr- foot of oito area ever fift P20,00-0) squarp- feet of site area; plus G. Five (5) square feet of FesideRt fleer area (GRFA) fe eaGh eRe hundFed (100) square feet of site a of th thn„con t'Zn nQnN cr.,, ±ro foot a. Not more than forty six (46) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10,000) square feet of site area; plus b. Thirty eight (38) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over ten thousand (10,000) square feet, not exceeding fifteen thousand (15,000) square feet of site area; plus c. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over fifteen thousand (15,000) square feet, not exceeding thirty thousand (30,000) square feet of site area; plus d. Six (6) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of thirty thousand (30,000) square feet. 2 e rn add iOR to the above, f.,,,r hURdFe d twenty fide (42 square feet G gFess resideRt fleeF aFea (GRFA) sha be perm foF eaGh allowab dwelling „nit 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 Strom Text which is to be added is indicated as bold italics.) B. Gross Residential Floor Area: 1. The following gross residential floor area (GRFA) shall be permitted on each site: a. TweRty fiVe (25) square feet of gross FesideRtial flGGF area c Ordinance No. 14, Series of 2004 5 (GRFA) for eanh one h, rndred (100) square foot of the first fifte thousand (15 square feet of site area; phis h Ten (I0) square feet of gross residential floor area (GRFA) far each nee hundred (1 00) square feet of site area ever fiftee thousand (15,000) square feet, RGt tG eXGeed thiFty thousa (30,000) square feet of site apeai plus G Five (5) square feet of gross residential floor area (GRFA) far eanh ene hundred (100) square feet of site area in evoess of thirty feet. thousand (30,000) square a. Not more than forty six (46) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10,000) square feet of site area; plus b. Thirty eight (38) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over ten thousand (10,000) square feet, not exceeding fifteen thousand (15,000) square feet of site area; plus c. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over fifteen thousand (15,000) square feet, not exceeding thirty thousand (30,000) square feet of site area; plus d. Six (6) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of thirty thousand (30,000) square feet. 2. lR addition to the aheae four hundred t menty five (425) square feet of , ern s residential floor area (GRFA) shall he permitted_ for_naGh allowable 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-riskeR Text which is to be added is indicated as bold italics.) A. Gross Residential Floor Area: W)t mere than twenty five (25) square feet of ern residential floor area (GRFA) shall he permitted far each on hU dF ed 100) square feet of buildable site area; provided _ haweyeF that ( x` 5) squaFe feet of grass residential flear area (GRFA) per nnnstrurted Ordinance No. 14, Series of 2004 6 dwelling , ,nit Not 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 a multiple - family building may include one attached accommodation unit no larger than one -third (1 /3) of the total floor area of the dwelling. Car +inn 7 Con +inn 10 4.`C QA (I —, Plenc�i4v RA, ,[+;-[- Camily n;i +rig+ nensity Controh of r . vc�.uvi i i C- - Ur kwvv vcl Zany iviuiii NIc - i C111 i illy vIau MIL, vci way vvi iL �i( vi the Vail Town Code shall hereby be amended as follows: (Text which is to be deleted is indicated as stFiGkeR. Text which is to be added is indicated as bold italics.) A. Gross Residential Floor Area: dwelling . snit Not more than forty four (44) 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 a multiple - 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 stFiGken. Text which is to be added is indicated as bold italics.) A GFess Resideptial Peer Arno: Nat mpre than thirty fide (35) squ foot of press residential flenr area (GRFA) shall he permitted fpr each nne hundFed (100) re feet of buildable site area; provided hnweyeF that S family and Me fam dwelling units GenStFLIGted in the medium twenty five (225) square feet Of nrpss residential flepr area (GRFA) per GORStFUGted dwell un . 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 1 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 a multiple - 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 StFisken Text which is to be added is indicated as bold italics.) NGt R;eFe thaR sixty (60) squaFe feet of gFess resideRtial fleep area (GRFA) shall be pem;itted foF eaGh one hURdred (100) squaFe feet ef buildable site area. Not feF eaGh GRe hundred (100) square feet of buildable site area for any GenditieRal u se l i sted OR 12 6H 3 of this aFt;.Glc Not more than 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 a multiple - 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 striskeR. Text which is to be added is indicated as bold italics.) Use Parking Requirement ... -- W oft. - - 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 unit's gross residential floor area is 5,500 square feet or more: 5 spaces Multiple - Family If a dwelling unit's gross residential floor Dwellings area is 500 square feet or less: 1.5 spaces If a dwelling unit's gross residential floor area is more than 500 square, but less than 2,000 square feet: 2 spaces 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 striGken Text which is to be added is indicated as bold italics.) EHU Additional GRFA Type I The EHU is entitled to an additional 599 550 sq. ft. Type II The EHU is entitled to an additional 599 550 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 application of percentage r 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 :522,000 sq. ft., plus .07 of site area >22,000 sq. ft. Single - Family 40 of site area :510,000 sq. ft., plus None Residential (SFR) .13 of site area >10,000 sq. ft. Two - Family .46 of site area :510,000 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 :510,000 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 approval Public .80 of buildable area None Accommodation (PA) Commercial Core 1 .80 of buildable area None (CC1) Commercial Core 2 .80 of buildable area None (CC2) Commercial Core 3 .30 of buildable area ! None (CC3) Ordinance No. 14, Series of 2004 10 Commercial Service .40 of buildable area None Center (CSC) (GRFA shall not exceed 50% of the total building floor area on any site Arterial Business .60 of buildable area None (ABD) Heavy Service (HS) None permitted None Lionshead Mixed 2.5 of buildable area None Use 1 (LMU -1) 2.5 of buildable area Lionshead Mixed None Use 2 (LMU -2) Agriculture and 2,000 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 approval Natural Area None permitted None Preservation (NAP) Ski Base /Recreation Per Town Council approval None (SBR) Special Per underlying zoning or per development plan None Development approval by Town Council Districts SDD Ski Base /Recreation Per Planning and Environmental Commission None 2 (SBR2) approval Section 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 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 (6) 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 12 (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 (6) 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 (6) 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 a floor -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 floor to ceiling, with an allowance for a railing of up to forty four inches (44 ") in height and support posts with a diameter of eighteen inches (18 ") or less which are spaced no closer than ten feet (10') apart. The space between the posts shall be measured from the outer surface of the post. 2. Additional Calculation Provisions: a. Common Interior Party Walls: Where 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 fourfoot (4') high Ordinance No. 14, Series of 2004 14 self- supporting window is between six feet (6) and eight feet (9) (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 a floor -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 (6) 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 (6) 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 a floor -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 pane. 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 sip , J 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 18 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 a floor -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 ") apaJ . 3. Crawlspaces accessible through an opening not greater Ordinance No. 14, Series of 2004 19 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. All nr nart of nn air Inck within nn 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 (6) 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 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. 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 (6) 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 -413 (INTERIOR CONVERSIONS) of the Vail Town Code shall hereby be amended as follows: (Text which is to be deleted is indicated as strisken 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 StF . 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 B. Single - Family Dwellings And Two - Family Dwellings: A single - family or two- family dwelling unit shall be eligible for additional gross residential floor area (GRFA) not to exceed a maximum of two hundred fifty (250) square feet of GRFA in addition to the existing or allowable GRFA for the site. Before such additional GRFA can be granted, the single - family or two- family dwelling unit shall meet the following criteria: 1. Eligible Time Frame: A single - family or two- family dwelling unit shall be eligible for additional GRFA, pursuant to this section, if it is in existence prior to November 30, 1995, or a completed design review board application for the original construction of said unit has been accepted by the department of community development by November 30, 1995. In addition, at least five (5) years must have passed from the date the single - family dwelling or two - family dwelling unit was issued a certificate of occupancy (whether temporary or final) or, in the event a certificate of occupancy was not required for use of the dwelling at the time of completion, from the date of original completion and occupancy of the dwelling. t 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; or b) provision is made for creation of such additional enclosed parking spaces as may be required for the new total GRFA under this code. Plans for a new garage or enclosed parking area, if required, shall accompany the application under this section, and shall be constructed concurrently with the conversion. 4. Parking: Any increase in parking requirements as set forth in chapter 10 of this title due to any GRFA addition pursuant to this section shall be met by the applicant. 5. Conformity With Guidelines: All proposals under this section shall be required to conform to the design review guidelines set forth in chapter 11 of this title. A single - family or two- family dwelling unit for which an addition is proposed shall be required to meet the minimum town landscaping standards as set forth in chapter 11 of this title. Before any additional GRFA may be permitted in accordance with this section, the staff shall review the maintenance and upkeep of the existing single - family or two- family dwelling and site, including landscaping, to determine whether they comply with the design review guidelines. No temporary certificate of occupancy shall be issued for any expansion of GRFA pursuant to this section until all required improvements to the site and structure have been completed as required. 6. Applicability: No pooling of gross residential floor area shall be allowed in single - family or two- family dwelling units. No application for additional GRFA shall request more than two hundred fifty (250) square feet of gross residential floor area per single - family dwelling or two - family dwelling, nor shall any application be made for additional GRFA until such time as all the allowable GRFA has been constructed on the property, or an application is presently pending in conjunction with the application for additional GRFA that utilizes all allowable GRFA for the property. 7. One -Time Grant: Any single - family or two - family dwelling unit which has previously been granted additional GRFA pursuant to this section and is demo /rebuild, shall be rebuilt without the additional GRFA as previously approved. 8. Demo /Rebuild Not Eligible: Any single - family or two - family dwelling unit which is to be demo /rebuild shall not be eligible for additional GRFA. 9. Nonconforming Structures And Site Improvements: Structures which do not conform to density controls shall be eligible for additional GRFA pursuant to this Ordinance No. 14, Series of 2004 25 section. D G. Multi- Family Dwellings: Any dwelling unit in a multi - family structure that meets allowable GRFA shall be eligible for additional gross residential floor area (GRFA) not to exceed a maximum of two hundred fifty (250) square feet of GRFA in addition to the existing or allowable GRFA for the site. Any application of such additional GRFA must meet the following criteria: 1. Eligible Time Frame: A multiple - family dwelling unit shall be eligible for additional GRFA, pursuant to this section, if it is in existence prior to November 30, 1995, or a completed design review board application for the original construction of said unit has been accepted by the department of community development by November 30, 1995. In addition, at least five (5) years must have passed from the date the building was issued a certificate of occupancy (whether temporary or final) or, in the event a certificate of occupancy was not required for use of the building at the time of completion, from the date of original completion and occupancy of the building. 2. Use of Additional Floor Space: Proposals for the utilization of the additional GRFA under this provision shall comply with all town zoning requirements and applicable development standards. If a variance is required for a proposal, it shall be approved by the planning and environmental commission pursuant to chapter 17 of this title before an application is made in accordance with this section. The applicant must obtain a building permit within one year of final planning and environmental commission approval or the approval for additional GRFA shall be voided. 3. Parking Area Conversions: Portions of existing enclosed parking areas may be converted to GRFA under this section if there is no loss of existing enclosed parking spaces in said enclosed parking area. 4. Parking Requirements Observed: Any increase in parking requirements due to any GRFA addition pursuant to this section shall be met by the applicant. 5. Guideline Compliance Review: All proposals under this section shall be reviewed for compliance with the design review guidelines as set forth in chapter 11 of this title. Existing properties for which additional GRFA is proposed shall be required to meet minimum town landscaping standards as set forth in chapter 11 of this title. General maintenance and upkeep of existing buildings and sites, including the multi - family dwellings, landscaping or site improvements (i.e., trash facilities, berming to screen surface parking, etc.) shall be reviewed by the staff after the application is made for conformance to said design review guidelines. No temporary certificate of occupancy shall be issued for any expansion of GRFA pursuant to this section until all required improvements to the multi - family dwelling site and building have been completed as required. 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 a multi - family structure, the addition of the GRFA shall be designed and developed in context of the entire structure. 8. Nontransferable To Demo /Rebuild: Any building which has previously been granted additional GRFA pursuant to this section and is demo /rebuild, shall be rebuilt without the additional GRFA as previously approved. 9. Demo /Rebuild Not Eligible: Any multiple - family structure or dwelling unit which is to be demo /rebuild shall not be eligible for additional GRFA. 10. Nonconforming Structures And Site Improvements: Structures which do not conform to density controls shall be eligible for additional GRFA pursuant to this section. ED. 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 -114C 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 stFiGkeR 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 28 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 1 St day of June, 2004 and a public hearing for second reading of this Ordinance set for the 6 th 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 1 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 stFisken 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 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): The total square footage of all levels Gf , sheetronh plaster and other similar wall .f,.,,..� 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 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 StF i Gken. 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: • _ �s�� :rr_taar_t.�rnst�E��sira -1y.� .. s• .. . . s• 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 In addition to the abevo foi it hU Rdpe d t eRty fide (425) sq aFe foot of gross Feside6tial floor aFea (GRFA) shall be permitted for 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 ha intanrntari into tha main riwallinn i snit nr may ha intarirntPri within a garage structure serving the main unit, but shall not be a separate freestanding structure. Section 3. Section 12 -613-813 (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 str 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 Twenty fide (26) square foot of gFess residential floor area (GRFA) fnr each one hU n d red (1 n0) square feet of the first twelve thou isand five hu ndred (12 i c sn are feet of site area• nli is � h Ten (IQ) square feet of gross residential floor area (GRFA) fnr e i � _anh one h ndred (100) say care feet of site area over t��iel�ie V the isand five hUndred (12 square feet a. Not more than forty (40) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10,000) square feet of site area; plus b. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of ten thousand (10,000) square feet. 3. No single - family residential lot except those located entirely in the red hazard avalanche zone or the flood plain shall be so restricted that it cannot be occupied by one single - family dwelling. Section 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 str 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 (GRFA) fnr each one hundred (Inn) square foot of the first fifteen thousand (15 , 000) square feet of site area• plus , h Ten /1n\ square feet of gross residential floor area (GRFA) fnr each one hundred (1 00) square feet of site area ever fifteen thousand (15 q suare feet to evgeed thirty thousand , (30 square feet of site area• nh,s , G Rive (5) g„are feet of gross residential floor area (GRFA) fnr eagh one hundred (1 00) square feet of site area in evness of thirty thousand (30,000) squaFe feet. a. Not more than forty six (46) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10,000) square feet of site area; plus b. Thirty eight (38) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over ten thousand (10,000) square feet, not exceeding fifteen thousand (15,000) square feet of site area; plus c. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over fifteen thousand (15,000) square feet, not exceeding thirty thousand (30,000) square feet of site area; plus d. Six (6) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of thirty thousand (30,000) square feet. 7 In addition to the above four h, rndred twenty five (425) square feet 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: a Twenty five 25\ square feet of grass residential flgor area Ordinance No. 14, Series of 2004 5 (GRFA) fnr each one hu larger (100) square foot of the first fifteen theusand (15,000) square feet of site aFea p h Ten /10\ square feet of gross residential floor area (GRFA) fnr each one h, undFed (1 00) square feet of site area ever fifteen thousand? (15 square 000) feet net to evoeed thirty thousanr� , (30 square feet of site area; plus G Five (6) square feet of press residential finer area (GRFA) fnr eanh one hundred (I GO) square feet of site area in evoess of thirty theusand (30,000) square feet. v a. Not more than forty six (46) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10,000) square feet of site area; plus b. Thirty eight (38) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over ten thousand (10,000) square feet, not exceeding fifteen thousand (15,000) square feet of site area; plus c. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over fifteen thousand (15,000) square feet, not exceeding thirty thousand (30,000) square feet of site area; plus d. Six (6) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of thirty thousand (30,000) square feet. 7 n dt o the above feu ur h - dredl heienty fide (425) square t fee t f z� I r, a i �aTCI �r� �v crrczr r vm - rTEr r�ai c cvvcn - rTV C�TCV7 -- rc cr o* t 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 stricken Text which is to be added is indicated as bold italics.) A. Gross Residential Floor Area: Not mere than twenty five (25) square feet of gross residential floor area (GRFA) shall he permitted) fnr each one hURdped (100) s qu fe et ef buildab s area; nravirlerl howe eeF (225) square feet of gross residential fleor area (GRFA) per eonstn ueted Ordinance No. 14, Series of 2004 6 dwelling . Not more than forty (40) 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 a multiple - 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 stfiskeR Text which is to be added is indicated as bold italics.) A. Gross Residential Floor Area: ^►.,t mere than thirty (30) square feet of nrncc residential flnnr area /(_RCA\ shall he permitted fnr each nne hundFed (100) squaFe feet of buildable site aFea pFevided, however, that (225) square feet of nrncc residential flaer area /r_RCA\ ner —, try anted ve, dwe . 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 a multiple - 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 Gtr Text which is to be added is indicated as bold italics.) A Gross Residential Cloor Aran: Alnt more than thirty five (35) square feet of nrncc residential floor area (GRFA) shall he permitted fnr eanh nne h6lRdred (100) 6quaFe feet Gf bu site aFea; prGvided, e that density residential dlstrint shall he entitled to ap additional twe hi indred twepty five (225) squ are feet of nrncc residential floor area (GRCA) per c GORStFUGted dwelliRg URit 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 a multiple - 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 StF iGken. Text which is to be added is indicated as bold italics.) �Iot more than sixty (60) squaFe feet of gross residential fleaF area (GRFAYsha4 be permitted for eaGh eRe hURdFed (100) scluaFe feet of buildable site aFea. No rnc)Fe thaR sixty (60) square feet Gf gFess resideRtial fIGGr aFea shall be permitted for eaGh one hURdFed (100) square feet ef buildable sate aFea fGF aRY GeRdit use listed in seGtinn 12 _ of this aFt iGle. 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 a multiple - 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 St" Text which is to be added is indicated as bold italics.) Use Parking Requirement r�arnss _ raft 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 unit's gross residential floor area is 5,500 square feet or more: 5 spaces Multiple- Family If a dwelling unit's gross residential floor Dwellings area is 500 square feet or less: 1.5 spaces If a dwelling unit's gross residential floor area is more than 500 square, but less than 2,000 square feet: 2 spaces 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 StF w GkeR. Text which is to be added is indicated as bold italics.) EHU Additional GRFA Type I The EHU is entitled to an additional 599 550 sq. ft. Type II The EHU is entitled to an additional 599 550 sq. ft Section 12. Section 1245 -2 (GRFA REQUIREMENTS BY ZONE DISTRICT) of the Vail Town Code shall be repealed and hereby re- enacted as follows: Zone Districts GRFA Ratio GRFA Credits (Added to results of application of percentage Ordinance No. 14, Series of 2004 9 Hillside Residential .43 of site :510,000 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 :510,000 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 :510,000 sq. ft., plus None Primary/Secondary .38 of site area >10,000 and _ 5 15,000 sq. ft., plus (P /S) Residential .13 of site area >15,000 and _ 5 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 approval Public .80 of buildable area None Accommodation (PA) Commercial Core 1 .80 of buildable area None (CC1) Commercial Core 2 .80 of buildable area None (CC2) Commercial Core 3 .30 of buildable area Norte (CC3) Ordinance No. 14, Series of 2004 10 Commercial Service .40 of buildable area None Center (CSC) (GRFA shall not exceed 50% of the total building floor area on any site Arterial Business .60 of buildable area None (ABD) Heavy Service (HS) None permitted None Lionshead Mixed 2.5 of buildable area None Use 1 (LMU -1) 2.5 of buildable area Lionshead Mixed None Use 2 (LMU -2) Agriculture and 2,000 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 approval Natural Area None permitted None Preservation (NAP) Ski Base /Recreation Per Town Council approval None (SBR) Special Per underlying zoning or per development plan None Development approval by Town Council Districts SDD Ski Base /Recreation Per Planning and Environmental Commission None 2 (SBR2) approval Section 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 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 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. J. IILLIU Qr ea0 LA eQLUU Uy UUI IJLI UUUU1 I UI Q I UUI VVILI 1 ALI UULUI d1 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 2.004 12 (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 (6) 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 a floor -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 floor to ceiling, with an allowance for a railing of up to forty four inches (44 ") in height and support posts with a diameter of eighteen inches (18 ") or less which are spaced no closer than ten feet (10') apart. The space between the posts shall be measured from the outer surface of the post. 2. Additional Calculation Provisions: a. Common Interior Party Walls: Where 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 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 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 a floor -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: 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. Ordinance No. 14, Series of 2004 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 (6) 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 (6) 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 (6) 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 a floor -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 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 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 18 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 a floor -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 (6) 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 19 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 (6) 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 -15-46 (INTERIOR CONVERSIONS) of the Vail Town Code shall hereby be amended as follows: (Text which is to be. deleted is indicated as striskeR 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, SiRgle family two family, pF*maFy/seGGRdaFy eF multi family 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 StriekeR. 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 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: A single - family or two- family dwelling unit shall be eligible for additional gross residential floor area (GRFA) not to exceed a maximum of two hundred fifty (250) square feet of GRFA in addition to the existing or allowable GRFA for the site. Before such additional GRFA can be granted, the single - family or two- family dwelling unit shall meet the following criteria: 1. Eligible Time Frame: A single - family or two- family dwelling unit shall be eligible for additional GRFA, pursuant to this section, if it is in existence prior to November 30, 1995, or a completed design review board application for the original construction of said unit has been accepted by the department of Community development by November 30, 1995. In addition, at least five (5) years must have passed from the date the single - family dwelling or two- family dwelling unit was issued a certificate of occupancy (whether temporary or final) or, in the 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 or two- family dwelling unit for which an addition is proposed shall be required to meet the minimum town landscaping standards as set forth in chapter 11 of this title. Before any additional GRFA may be permitted in accordance with this section, the staff shall review the maintenance and upkeep of the existing single - family or two- family dwelling and site, including landscaping, to determine whether they comply with the design review guidelines. No temporary certificate of occupancy shall be issued for any expansion of GRFA pursuant to this section until all required improvements to the site and structure have been completed as required. 6. Applicability: No pooling of gross residential floor area shall be allowed in single - family or two- family dwelling units. No application for additional GRFA shall request more than two hundred fifty (250) square feet of gross residential floor area per single - family dwelling or two - family dwelling, nor shall any application be made for additional GRFA until such time as all the allowable GRFA has been constructed on the property, or an application is presently pending in conjunction with the application for additional GRFA that utilizes all allowable GRFA for the property. 7. One -Time Grant: Any single - family or two - family dwelling unit which has previously been granted additional GRFA pursuant to this section and is demo /rebuild, shall be rebuilt without the additional GRFA as previously approved. Ordinance No. 14, Series of 2004 25 8. Demo /Rebuild Not Eligible: Any single - family or two- family dwelling unit which is to be demo /rebuild shall not be eligible for additional GRFA. 9. Nonconforming Structures And Site Improvements: Structures which do not conform to density controls shall be eligible for additional GRFA pursuant to this section. D G. Multi - Family Dwellings: Any dwelling unit in a multi - family structure that meets allowable GRFA shall be eligible for additional gross residential floor area (GRFA) not to exceed a maximum of two hundred fifty (250) square feet of GRFA in addition to the existing or allowable GRFA for the site. Any application of such additional GRFA must meet the following criteria: 1. Eligible Time Frame: A multiple - family dwelling unit shall be eligible for additional GRFA, pursuant to this section, if it is in existence prior to November 30, 1995, or a completed design review board application for the original construction of said unit has been accepted by the department of community development by November 30, 1995. In addition, at least five (5) years must have passed from the date the building was issued a certificate of occupancy (whether temporary or final) or, in the event a certificate of occupancy was not required for use of the building at the time of completion, from the date of original completion and occupancy of the building. 2. Use of Additional Floor Space: Proposals for the utilization of the additional GRFA under this provision shall comply with all town zoning requirements and applicable development standards. If a variance is required for a proposal, it shall be approved by the planning and environmental commission pursuant to chapter 17 of this title before an application is made in accordance with this section. The applicant must obtain a building permit within one year of final planning and environmental commission approval or the approval for additional GRFA shall be voided. 3. Parking Area Conversions: Portions of existing enclosed parking areas may be converted to GRFA under this section if there is no loss of existing enclosed parking spaces in said enclosed parking area. 4. Parking Requirements Observed: Any increase in parking requirements due to any GRFA addition pursuant to this section shall be met by the applicant. 5. Guideline Compliance; Review: All proposals under this section shall be reviewed for compliance with the design review guidelines as set forth in chapter 11 of this title. Existing properties for which additional GRFA is proposed shall be required to meet minimum town landscaping standards as set forth in chapter 11 of this title. General maintenance and upkeep of existing buildings and sites, including the multi - family dwellings, landscaping or site improvements (i.e., trash facilities, berming to screen surface parking, etc.) shall be reviewed by the staff after the application is made for conformance to said design review guidelines. No temporary certificate of occupancy shall be issued for any expansion of GRFA pursuant to this section until all required improvements to the multi - family dwelling site and building have been completed as required. 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 a multi - family structure, the addition of the GRFA shall be designed and developed in context of the entire structure. 8. Nontransferable To Demo /Rebuild: Any building which has previously been granted additional GRFA pursuant to this section and is demo /rebuild, shall be rebuilt without the additional GRFA as previously approved. 9. Demo /Rebuild Not Eligible: Any multiple - family structure or dwelling unit which is to be demo /rebuild shall not be eligible for additional GRFA. 10. Nonconforming Structures And Site Improvements: Structures which do not conform to density controls shall be eligible for additional GRFA pursuant to this section. ED. 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 to the exterior of a structure shall be reviewed and approved by the department of community development. b. Applications for GRFA additions involving exterior changes to a building shall be reviewed and approved by the design review board in accordance with the provisions of this section. 4. Compliance Required: If the department of community development staff determines that the site for which additional GRFA is applied for pursuant to this section does not comply with minimum town landscaping or site standards as provided herein, the applicant will be required to bring the site into compliance with such standards before any such temporary or permanent certificate of occupancy will be issued for the additional GRFA added to the site. Before any building permit is issued, the applicant shall submit appropriate plans and materials indicating how the site will be brought into compliance with said town minimum standards, which plans and materials shall be reviewed by and approved by the department of community development. 5. Building Permit: Upon receiving the necessary approvals pursuant to this section, the applicant shall proceed with the securing of a building permit prior to beginning the construction of additional GRFA. Section 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 strsken 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. Ordinance No. 14, Series of 2004 28 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 1 St day of June, 2004 and a public Ordinance No. 14, Series of 2004 29 hearing for second reading of this Ordinance set for the 6 th 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 1 2004. ATTEST: Lorelei Donaldson, Town Clerk Rod Slifer, Mayor Ordinance No. 14, Series of 2004 30 VAIL TOWN COUNCIL EVENING SESSION TUESDAY, JULY 6, 2004 6:00 P.M. TOV COUNCIL CHAMBER The regular meeting of the Vail Town Council convened at approximately 6:05 p.m. on Tuesday, May 18, 2004. Council Members Present: Kent Logan, Rod Slifer, Dick Cleveland, Kim Ruotolo, Diana Donovan, Greg Moffet, Farrow Hitt Staff members Present: Stan Zemler, Town Manager Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Input. There was none. The second item on the agenda was the Quarterly 1 -70 Noise Mitigation Update. On December 2, 2003 the Vail Town Council directed town staff to pursue four areas of focus to mitigate 1 -70 impacts on a short -term and long -term basis with updates to be reported on a quarterly basis. The last quarterly update occurred on March 16, 2004 with reports on the four focus areas of education, enforcement, engineering and legislation. In this report, staff presented a summary of additional actions, including traffic enforcement, education, noise and speed measurements, as well as an analysis of temporary noise wall demonstration options. Staff requested Council to consider the following three items 1) Direct staff to continue to pursue a temporary noise wall demonstration project with additional analysis on two possible approaches: a trailer alternative; and a noise wall panel alternative. Council ultimately directed staff to continue to pursue the temporary installation of noise wall panels along a test location in West Vail. The four -week test would be used to measure the effectiveness of permanent noise walls. The Council was presented with a second option involving the use of tractor trailers parked alongside 1 -70 similar to temporary sound walls used on the T -REX project on 1 -25. However, the Council majority said the noise wall panels would better replicate the impact of a permanent solution. Next steps involve meeting with the West Vail neighborhood to explain the concept more fully and to request support; receiving approvals from the Colorado Department of Transportation and the Federal Highway Administration; as well as seeking participation from the Colorado Motor Carriers Association to help reduce the cost of the pilot project, currently estimated at $262,000, which includes an offer by Empire Acoustics of Trinidad, Colo., to donate 2,000 lineal feet of panels. Public Works Director Greg Hall said the noise test would be most effective if it could be implemented during a four -week period in August or September. 2) Authorize an expenditure of up to $60,000 from the Capital Projects Fund to purchase and install two speed control radar signs for installation on 1 -70. Council agreed not to pursue this option. 3) Authorize the Town Manager to continue with the alternative actions outlined in the Memorandum of Understanding between the Town of Vail and the Colorado Motor Carriers Association. Council directed the Town Manager to continue to pursue these options. In addition, other ideas offered during the discussion included a suggestion by Councilman Greg Moffet to conduct a site visit to learn more about enforcement of highway noise violations and to put more teeth in the town's existing noise ordinance. Councilman Dick Cleveland suggested setting aside a pool of money to be used by private property owners to mitigate noise on their property. The I -70 update also included a report from Police Chief Dwight Henninger on the status of the department's traffic safety enforcement program, known as 65 Max. The third item on the agenda was a discussion of percentage guidelines for the General Fund Balance. Finance Director, Judy Camp, recommended that the town maintain as a target over the next five years, 35% of general fund revenue in the general fund balance. Camp reported that 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. 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." This recommendation, of course, should be considered in the context of the particular government's own circumstances. The Town of Vail is 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, the town has seen a reduction in property tax revenue and is likely to see additional reductions in the future. As the town enters into a period of intense redevelopment, near -term expenditures are expected to increase. Utilizing these considerations as a base for analysis, Camp emphasized that it would be prudent to carry a fund balance that is higher than the GFOA recommended minimum. Camp then suggested that an appropriate General Fund Reserve Balance target for the 2005 budget and five -year plan be established at 35 %. Council approved of Camp's recommendation. The fourth item on the agenda was a public hearing on the Ice Dome. The ice dome facility is owned by the Town of Vail and has been operated by the Vail Recreation District for the past three seasons. However, recreation officials have indicated the district will not operate the facility for the 2004 -05 season due to projected losses in the bubble's operations. In the past, the dome has received a conditional use permit to operate in a location just east of the golf course clubhouse from November to April. The facility is then placed in storage during the off - season. The bubble was acquired by the town in 2000 at the request of Vail Junior Hockey and other skating groups to offset scheduling conflicts at Dobson Ice Arena. In its infancy the bubble endured a lawsuit by neighboring homeowners who feared its presence would attract late -night noise and increased traffic. Following the recreation district's latest decision to forego operation of the bubble, the Vail Town Council was presented with three possible options for consideration. (1) Sell the bubble to the highest bidder. (2) Keep the bubble in storage for the next year to allow time for a demand evaluation for a second sheet of ice within the town limits. (30) Solicit a third party operator for the 2004 -05 season. Craig Detton, John Tetstrum, Vail Junior Hockey Association, Mery lapin, Louise Funk, and Kate Gray all spoke in support of the bubble, or some fashion of a second sheet of ice in Vail. Many believed adequate practice times for junior hockey programs would be unavailable, and that non ice related events would interrupt Dobson Arena's value as a reliable winter sports facility. Scott Proper and Peter Cook, Vail Recreation District (VRD) Board members and East Vail residents, stated that now is not the time to put a second sheet of ice in Vail, and that another year of demand analysis is in order. Jerry Sibley stated that he believed the actual operation of the bubble in the past, was sabotaged by the VRD, and encouraged increased cooperation between the VRD and TOV. Christina Wyatt inquired as to who is responsible for promotion of the bubble and skating programs. Many council members responded that answers to Ms. Wyatt's questions were uncertain. Councilman Moffet questioned the need for a second sheet of ice and added that no empirical evidence existed to support such a notion. Councilmen Logan and Clevleand encouraged those in favor of more ice in Vail to continue with strategic planning and organization. Councilwoman Donovan suggested that the town should continue to store the bubble and supported further "ice demand" analysis. Mayor Slifer voiced that he would encourage the bubble being re- erected in Vail, and that interested parties should return, preferably no later than September, with a viable operating plan for the facility. Cleveland moved to continue to store the bubble, with Logan seconding. Motion passed 6 -1, with Moffet opposed The fifth item on the agenda was a request by The Vail Conference Center Advisory Committee to approve the following: 1) Review the recommendation from the Committee on short - listing the design team candidates and to issue the Request for Proposals to the six recommended design teams. 2) Review and approve suggested changes to the design team selection process from the Committee. 3) Request permission to issue an RFP for a surveyor to survey the Lionshead parking structure site and surrounding area. The request was in accordance with the continuation of the following steps approved on June 15: 1. Approval of the proposed process for engaging the public in the design team selection process. 2. Selection criteria for request for proposals. 3. Consideration of proposed process givens. 4. Review of updated project budget and interrelated parking costs, and 5. Consideration and review of the major points of the proposed scope of service request for proposals for design services (to be given to the top three - four teams selected in the qualification competition). The Conference Oversight Committee (sub- committee) unanimously recommended that Council approve the above mentioned requests. Paul Rondeau asked that the Council continue to support public involvement, make written requirements for the project publicly available, and follow specifically outlined milestones and checkpoints. Moffet moved, Cleveland, seconded. The motion passed 6 -1, with Donovan opposed. The sixth item on the agenda was a Piney Lake / Forest Service Cut Update. Cal Wettstein, U. S. Forest Service (USFS), announced that the USFS is proposing a timber harvest using a commercial thinning prescription, of lodge pole pine in an area four miles northwest of Vail, near Freeman Creek. The primary access to this timber stand is via FSR700 Red Sandstone Road, the road to Piney Lake. Approximately 1,900 acres of timber will be harvested during an eight year period, between 2005 and 2012. Log trucks will be utilizing Red Sandstone Rd. and North Frontage Rd. for access to 1 -70, between June 1 and October 31. No hauling would occur on weekends or holidays. Flaggers and other safety measures will be in place during harvesting operations. Wettstein also publicized that if any interested parties would want observe the affected areas, the USFS would help facilitate information and access. The seventh item on the agenda was a request for funding of Vail Classic Bicycle Ride on Labor Day Weekend. Arn Menconi approached the town to act as a sponsor for a Labor Day bicycle ride to cover the route locally referred to as the Leadville Loop. At a meeting on June 30, Kelli McDonald and Ian Anderson, of the Vail Local Marketing District Advisory Council (VLMDAC) agreed that if approved, the event would be incorporated into the marketing efforts for the timeframe of August 15 through September 15, which efforts were endorsed by Council at an earlier meeting forgiving a $50,000 working capital loan to the Vail Local Marketing District (VLMD). It was reported that the event would be expected to draw between 300 to 500 riders. It was subsequently reported that many event participants would spend at least one night in the Town of Vail. Sybill Navas and Ian Anderson, on behalf of the Commission on Special Events, indicated another bicycle ride honoring Brent Malin had been funded by CSE for $3,000 and that the producer of this event had agreed to combine his event with Menconi's proposed Labor Day ride. Navas and Anderson stated the CSE had $7,000 remaining in their '03 budget and indicated that other CSE board members were willing to earmark those funds for the Labor Day event. Navas also stated that she had canvassed the CSE, and that the board unanimously supported a total contribution of $10,000 to the event Scott Proper, Vail Recreation District Board member stated that the VRD would be willing to assist in event coordination. Moffet moved, Logan seconded. Motion passed unanimously, 7 -0 to approve up to $15,000 for the now cancelled Pro Cycling Tour (PCTO in September '04. The eighth item on the agenda was the first reading of Ordinance No. 15, Series of 2004, and an ordinance amending Ordinance No. 12, Series of 1997, removing a condition of approval that prohibits the operation of restaurants within the special development district, and setting forth details in regard thereto. At its June 28, 2004, public hearing, the Planning & Environmental Commission (PEC) reviewed a request to remove an existing condition of approval which prohibits the operation of "restaurants or similar food service operations" on the Austria Haus property. Upon review of the request, the Planning & Environmental Commission voted 5 -1 (Jewitt opposed) to forward a recommendation of approval, with conditions, to the Town Council for the proposed major amendment to Special Development District No. 35. The PEC findings and recommendation are identified in the June 28, 2004, staff memorandum to the Commission. The Community Development Department recommended that Council approve Ordinance No. 15, Series of 2004, on first reading. Johannes Faessler addressed the Council and explained the history of the area and why the prohibition of restaurants was originally enacted. Moffet moved to approve Ord. 15, Hitt seconded. Motion passed unanimously, 7 -0. The ninth item on the agenda was the First reading of Ordinance No. 16, Series of 2004, an ordinance repealing Ordinance No. 21, Series of 2001, and adopting an amended approved development plan for Special Development District No. 6, Vail Village Inn, Phase IV, to allow for the construction of the Vail Plaza Hotel; and setting forth details in regard thereto. On June 14 and 28, 2004, the Town of Vail PEC held public hearings to consider a request for 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. Upon consideration of the request, the Commission voted 6 -0 to forward a recommendation of approval of the request to the Town Council. In forwarding their recommendation, however, the Commission proposed several revisions to the conditions of approval. Community Development staff recommended approval of the Ordinance. Waldir Prado, property owner, and Tim Losa, project architect, addressed Council to help elucidate the scope and specifics of the project. Council requested staff look into appropriate mitigation for the loss of three parking spaces, and public improvements to replace the Crossroads sidewalk. Moffet moved, Ruotolo seconded. Motion passed unanimously, 7 -0. The tenth item on the agenda was the First reading of Ordinance 12, Series 2004, An Ordinance amending Title 6, Chapter 3, of the Municipal Code of the Town of Vail; providing for certain housekeeping amendments to the Town of Vail Police Regulations: and setting forth details in regard thereto. After consultation with the Town Prosecutor, several housekeeping amendments were proposed to bring the Town's Police Regulations up to date and in further compliance with State Statutes. Cleveland moved to approve as read, but including changes suggested by Matt Mire, with Moffet seconding. Motion passed unanimously, 7 -0. The eleventh item on the agenda was (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. Jim Lamont, Vail Homeowners Association Representative, spoke in support of adoption on first reading, and encouraged town staff to work with the local press to explain in detail what the changes clearly represent. John Schofield, former PEC Chair, encouraged Council to consider a variance procedure. Council chose to table the second reading of Ordinance No. 10; and then reviewed and approved Ordinance No. 14 on first reading. Both Ordinance No. 10 and Ordinance No. 14 were scheduled for further review and second reading at the Town Council's July 20, 2004, meeting. Cleveland moved to approve with the addition of of Section 15, para. C, Hitt seconded. Motion passed 6 -1, with Moffet opposed. The twelth item on the agenda was the Second reading of Ordinance No. 6, Series of 2004 — An Ordinance Amending Section 5 -1 -6, "Undesirable Plants," of the Municipal Code of the Town of Vail providing for certain amendments to comply with the Colorado Noxious Weed Act and setting forth details in regard thereto. Pursuant to CRS § 35 -5.5- 101 et seq., the Colorado Noxious Weed Act, town staff developed a Weed Management Plan for those plants declared to be noxious weeds by state statute. The Ordinance also provides for other minor amendments to the Town Code to further comply with state statute. Moffet moved, and Ruotolo seconded. Motion passed 6 -1, with Donovan opposed. The thirteenth item on the agenda was the Town Manager's Report. • ADA Compliance Zemler reported: that the town is ready to enter into a settlement agreement with the Department of Justice (DOJ) that allows for town facility modifications to be completed. As a part of the town's report, improvements to the Ford Amphitheater (owned and operated by the Vail Valley Foundation, VVF) will coincide with the town's repairs. Town staff also re- scheduled maintenance projects in '04 to free up funding to complete approximately half of these repairs and will include line items in the '05 budget to complete the remaining work. Staff stated that they believe this will be completed on time, and with some refinements and negotiations along the way, under budget. Staff reported they had met with Dennis Stein, Jim Collins and Linda Alexander (attorneys for the Vail Recreation District, VRD) on Thursday, July 1, to discuss the separate report that was issued to the VRD. Negotiations on cost -share will continue. The DOJ, recognizing the VRD's issues are substantially more complicated and expensive to resolve, has expressed a willingness to enter into a much longer time negotiation with the VRD as long as both parties (the town and VRD) continue to hammer out the details and move forward in a solution- oriented manner. Moffet moved and Ruotolo seconded, to authorize the Town Manager to continue negotiations and enter into an agreement to remedy the ADA compliance issues as well as to move forward with a construction contract.. Motion passed unanimously, 7 -0. Eagle County Capital Projects Committee Zemler stated that following the fall election in '03 and during Council's committee and task force appointments discussion, Rod Slifer was appointed to the County Capital Projects Committee to fill Ludwig Kurz's former position. Since that time, Slifer has indicated that because of other commitments, he would be comfortable with the Mayor Pro -Tem, Dick Cleveland, serve on the committee in his stead. Moffet moved, to approve this action, with Ruotolo seconding. Motion passed unanimously, 7 -0. • Update on Chamonix Property Master Planning Zemler reported that the Town has issued a request for proposals for the master planning process for the Chamonix property. Proposals are due to the town at noon on July 9. Zemler stated that he would like to form a subgroup to review the proposals. As envisioned, this subgroup would be comprised of two Council members, several neighborhood representatives and staff. It was decided that Cleveland and Ruotolo would be the Council representatives on the subgroup. • Donovan Pavilion Staff provided Council with a letter from Donovan Pavilion Management, Inc., outlining a change in internal structure as well as a set of promotional and marketing materials that had been produced by this company for the pavilion. • Transportation Zemler announced that the Rural Resort Region will convene its first meeting to discuss the IGA for the establishment of an 1 -70 Central MountainTransportation Corridor Coalition. The meeting will be held on Friday, July 16 in the Fremont Room of the Summit County Community and Senior Center, with Moffet attending. • Request to use Council Days at Dobson Zemler and Brandmeyer reported that the National Brotherhood of Skiers (NBS) will be bringing a group of 3 -5,000 skiers to Vail from February 5 -12, 2005 and that Dobson Arena will be used by the NBS as their registration headquarters for concerts and banquets. Vail Resorts has requested use of eight Town Council use days at the facility. The town's management agreement with the VRD allows for up to 10 days use from the time period of December 15 to March 14. The daily standard rental rate for the facility is $3,500 /day. Day use given by the Council still requires hard costs be reimbursed to VRD that can run as high as $1,700 /day (to include utilities, set up, tear down, staging, etc.). In the past, Council has not given more than one or two days of free use during this timeframe. In speaking with the VRD, the district has already displaced regular programming to accommodate this group. The NBS has been offered a contract but had not yet signed it. In the VRD's negotiations with the group, the district had offered a discounted rate of $3,500 for day 1, with the remaining 7 days at $2,500 /day (with no additional costs for services, which because of the various set ups, will be extensive). Staff stated that they would continue to research solutions other than the one presented, that would more effectively serve as an incentive but would not undermine VRD's ability to generate revenue. Staff also indicated that they would continue to pursue mechanisms to offset certain costs with obtaining the facility. Council agreed that the town should continue to court the organization. • Vail Local Marketing District (VLMD) Working Capital Loan Zemler reiterated that the Board of the VLMD met on June 15th and authorized the redirection of $50,000 originally budgeted for marketing the Pro Cycling Tour toward a Front Range direct marketing campaign. Town Council had previously agreed that the Town would forgive $50,000 of VLMD's loan from the Town so that VLMD could fund the Pro Cycling Tour. Staff requested a motion confirming that the $50,000 in loan forgiveness, continue to apply with the change in use of the funds. Moffet moved to approve to compensate for the loss of the PCT event, Logan seconded. Motion passed unanimously, 7 -0. • Easement / Red Sandstone multi - purpose recreation facility The Town Manager was authorized to sign a trench agreement followed by a permanent easement agreement with Holy Cross Electric at the Red Sandstone multi - purpose recreation facility. The easement will provide power to the building by tying into the holy Cross Electric Vault in the road to the new transformer to be set east of the new building. Moffet moved, Ruotolo seconded. Motion passed unanimously, 7 -0. • Easement / Booth Creek Culvert underl -70 The Town Manager was authorized to sign a temporary construction easement to replace the Booth Creek Culvert under 1 -70. This is a sub - standard culvert and is needed to expedite the process to avoid another sink hole incident. Moffet moved, Ruotolo seconded. Motion passed unanimously, 7 -0. The fourteenth item on the agenda was adjournment. Moffet moved, Ruotolo seconded. Motion passed unanimously 7 -0, at 11:02 p.m. TOWN OF VAIL' MEMBERS PRESENT Luke Cartin Pam Hopkins Bill Pierce Henry Pratt John Rediker Tyler Schneidman PLANNING AND ENVIRONMENTAL COMMISSION May 23, 2011 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS ABSENT Michael Kurz Eagle River Watershed Update — Linn Brooks 15 minutes West Vail Fire Station Tour 60 minutes Appointment of a Commissioner to the Town of Vail Designated 10 minutes Open Space Board of Trustees ACTION: Tyler Schneidman appointed MOTION: Pratt SECOND: Cartin VOTE: 6 -0 -0 20 minutes A request for the review of a variance from Section 12- 7H -15, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for deviations from the minimum landscaping area requirements, located at 610 West Lionshead Circle (Landmark) /Lot 1, Block 1, Vail Lionshead Filing 3, and setting for the details in regard thereto. (PEC110026) Applicant: Landmark Condominium Association, represented by Pierce Architects Planner: Bill Gibson ACTION: Approved, with condition(s) MOTION: Cartin SECOND: Hopkins VOTE: 5 -0 -1 (Pierce recused) CONDITION(S): 1. This variance approval is contingent upon the applicant obtaining Town of Vail approval of the associated design review application. Commissioner Pierce recused himself due to a conflict of interest. Bill Gibson made a presentation per the Staff memorandum. The applicant's representative, Tyson Dearduff, Pierce Architects, made himself available for questions. Commissioner Rediker asked what the difference was between the old materials and proposed materials on top of the garage. Dearduff responded that the change in building code is what affected the ability to place materials on top of the garage. He stated the original design changed, and thus, the ability to use soil and grass on top of the garage was diminished. Commissioner Rediker asked if the code change was anticipated. Page 1 Dearduff responded that the code change was not taken into consideration. He stated that the previous landscaping allowed access to the adjacent parking lot, but the construction of the First Chair project on that property has changed the landscaping needs for the Landmark. Commissioner Cartin asked if the deck is heated. Dearduff responded that the deck is not heated. Cartin asked where the snow storage is located. Geoff Wright, property manager, stated that while the deck is not snowmelt heated, it is warm enough from the garage below to melt some snow. The snow storage is otherwise located adjacent to the building. Commissioner Hopkins asked what material will be used on the deck. Dearduff responded that a EPDM membrane surface will be applied. Commissioner Pratt asked if snow buildup occurs on site. Geoff Wright responded that yes, build up does occur. There was no public comment. 5 minutes 2. A request for the review of an exterior alteration, pursuant to Section 12 -7C -5, Exterior Alterations or Modifications, Vail Town Code, to allow for the alteration of an existing building which adds enclosed floor area (elevator), located at 124 Willow Bridge Road (Building A, Village Center Condominiums)/ Lot K, Block 5E, Vail Village Filing 1, and setting details in regards thereto. (PEC110025) Applicant: Village Center Condominium Assoc., represented by K.H. Webb Architects Planner: Rachel Dimond ACTION: Table to June 13, 2011 MOTION: Cartin SECOND: Pratt VOTE: 6 -0 -0 5 minutes 3. A request for a recommendation to the Vail Town Council for prescribed regulations amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for corrections to Section 12 -6F -3, Conditional Uses, Vail Town Code, to allow communications antennas and appurtenant equipment as a conditional use in the Low Density Multiple Family Districts; and for prescribed regulations amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for corrections to Section 12 -6E -2, Permitted Uses; Section 12 -6F -2, Permitted Uses; Section 12 -6G -2, Permitted Uses; and Section 12 -13 -4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, to allow Type III Employee Housing Units (EHUs) as a permitted use in the Residential Cluster (RC), Low Density Multiple Family (LDMF), and Medium Density Multiple Family (MDMF) Districts, and setting forth details in regard thereto. (PEC110023) Applicant: Town of Vail Planner: Rachel Dimond ACTION: Table to June 13, 2011 MOTION: Cartin SECOND: Pratt VOTE: 6 -0 -0 5 minutes 4. A request for the review of an appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Administrator's interpretation of Chapter 12 -15, Gross Residential Floor Area (GRFA), Vail Town Code, related to the calculation of gross residential floor area on the lowest level of a structure that contains a garage, and setting forth details in regard thereto. Applicant: Kathy Langenwalter, Peel / Langenwalter Architects Planner: Bill Gibson ACTION: Table to June 13, 2011 MOTION: Cartin SECOND: Pratt VOTE: 6 -0 -0 Page 2 5. Approval of May 9, 2011 minutes MOTION: Pratt SECOND: Schneidman VOTE: 6 -0 -0 6. Information Update 7. Adjournment MOTION: Cartin SECOND: Rediker VOTE: 5 -0 -0 (Pierce absent) The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479 -2138 for additional information. Sign language interpretation is available upon request with 24 -hour notification. Please call (970) 479 -2356, Telephone for the Hearing Impaired, for information. Community Development Department Published May 20, 2011, in the Vail Daily. Page 3 PLANNING AND ENVIRONMENTAL COMMISSION May 23, 2011 1:OOpm TOWNQFY�IL , TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT Luke Cartin Pam Hopkins Bill Pierce Henry Pratt John Rediker Tyler Schneidman MEMBERS ABSENT Michael Kurz Eagle River Watershed Update — Linn Brooks 15 minutes West Vail Fire Station Tour 60 minutes Appointment of a Commissioner to the Town of Vail Designated 10 minutes Open Space Board of Trustees ACTION: Tyler Schneidman appointed MOTION: Pratt SECOND: Cartin VOTE: 6 -0 -0 20 minutes A request for the review of a variance from Section 12- 7H -15, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for deviations from the minimum landscaping area requirements, located at 610 West Lionshead Circle (Landmark) /Lot 1, Block 1, Vail Lionshead Filing 3, and setting for the details in regard thereto. (PEC110026) Applicant: Landmark Condominium Association, represented by Pierce Architects Planner: Bill Gibson ACTION: Approved, with condition(s) MOTION: Cartin SECOND: Hopkins VOTE: 5 -0 -1 (Pierce recused) CONDITION(S): 1. This variance approval is contingent upon the applicant obtaining Town of Vail approval of the associated design review application. Commissioner Pierce recused himself due to a conflict of interest. Bill Gibson made a presentation per the Staff memorandum. The applicant's representative, Tyson Dearduff, Pierce Architects, made himself available for questions. Commissioner Rediker asked what the difference was between the old materials and proposed materials on top of the garage. Dearduff responded that the change in building code is what affected the ability to place materials on top of the garage. He stated the original design changed, and thus, the ability to use soil and grass on top of the garage was diminished. Commissioner Rediker asked if the code change was anticipated. Page 1 Dearduff responded that the code change was not taken into consideration. He stated that the previous landscaping allowed access to the adjacent parking lot, but the construction of the First Chair project on that property has changed the landscaping needs for the Landmark. Commissioner Cartin asked if the deck is heated. Dearduff responded that the deck is not heated. Cartin asked where the snow storage is located. Geoff Wright, property manager, stated that while the deck is not snowmelt heated, it is warm enough from the garage below to melt some snow. The snow storage is otherwise located adjacent to the building. Commissioner Hopkins asked what material will be used on the deck. Dearduff responded that a EPDM membrane surface will be applied. Commissioner Pratt asked if snow buildup occurs on site. Geoff Wright responded that yes, build up does occur. There was no public comment. 5 minutes 2. A request for the review of an exterior alteration, pursuant to Section 12 -7C -5, Exterior Alterations or Modifications, Vail Town Code, to allow for the alteration of an existing building which adds enclosed floor area (elevator), located at 124 Willow Bridge Road (Building A, Village Center Condominiums)/ Lot K, Block 5E, Vail Village Filing 1, and setting details in regards thereto. (PEC110025) Applicant: Village Center Condominium Assoc., represented by K.H. Webb Architects Planner: Rachel Dimond ACTION: Table to June 13, 2011 MOTION: Cartin SECOND: Pratt VOTE: 6 -0 -0 5 minutes 3. A request for a recommendation to the Vail Town Council for prescribed regulations amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for corrections to Section 12 -6F -3, Conditional Uses, Vail Town Code, to allow communications antennas and appurtenant equipment as a conditional use in the Low Density Multiple Family Districts; and for prescribed regulations amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for corrections to Section 12 -6E -2, Permitted Uses; Section 12 -6F -2, Permitted Uses; Section 12 -6G -2, Permitted Uses; and Section 12 -13 -4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, to allow Type III Employee Housing Units (EHUs) as a permitted use in the Residential Cluster (RC), Low Density Multiple Family (LDMF), and Medium Density Multiple Family (MDMF) Districts, and setting forth details in regard thereto. (PEC110023) Applicant: Town of Vail Planner: Rachel Dimond ACTION: Table to June 13, 2011 MOTION: Cartin SECOND: Pratt VOTE: 6 -0 -0 5 minutes 4. A request for the review of an appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Administrator's interpretation of Chapter 12 -15, Gross Residential Floor Area (GRFA), Vail Town Code, related to the calculation of gross residential floor area on the lowest level of a structure that contains a garage, and setting forth details in regard thereto. Applicant: Kathy Langenwalter, Peel / Langenwalter Architects Planner: Bill Gibson ACTION: Table to June 13, 2011 MOTION: Cartin SECOND: Pratt VOTE: 6 -0 -0 Page 2 5. Approval of May 9, 2011 minutes MOTION: Pratt SECOND: Schneidman VOTE: 6 -0 -0 6. Information Update 7. Adjournment MOTION: Cartin SECOND: Rediker VOTE: 5 -0 -0 (Pierce absent) The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479 -2138 for additional information. Sign language interpretation is available upon request with 24 -hour notification. Please call (970) 479 -2356, Telephone for the Hearing Impaired, for information. Community Development Department Published May 20, 2011, in the Vail Daily. Page 3 Ad Name: 6570030A THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE Customer: TOWN OF VAIL /PLAN DEPT /COMM NOTICE IS HEREBY GIVEN that the Planning and Your account number is: 1023233 Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12 -3 -6, Vail Town Code, on June 13, 2011, at 1:00 Pm in the Town of Vail Municipal Building, in con- PROOF OF PUBLICATION sideration of: A request for the review of an exterior alteration, pursuant to Section 12 -7C -5, Exterior Alterations or STATE OF COLORADO } Modifications, Vail Town Code, and a setback vari- ance from Section 12 -7C -8, Setbacks, , Vail Town cc cc I SS. Code, pursuant to Section 12 -17, Variances, Vail Town Code, to allow for the addition of an elevator COUNTY OF EAGLE } and associated equipment to an existing building within the side setback, located at 124 Willow Bridge Road (Building A, Village Center Condo- miniums)/ Lot K, Block 5E, Vail Village Filing 1, and setting details in regards thereto. (PEC110025, I, Don Rogers, do solemn) swear that I am a q ualified g y q PEC110035) representative ofthe Vail Daily. That the same Daily newspaper Applicant: Village Center Condominium Assoc., represented by K.H. Webb Architects Planner: Rachel Dimond printed, in whole or in part and published in the County A request for the review of a conditional use permit, of Eagle, State of Colorado, and has a general circulation pursuant to Section 12 -7E -4, Conditional Uses, Vail Town Code, to allow for the construction of "any use permitted by Section 12 -7E -3 of this article, therein; that said newspaper er has been p ublished continuously p which is not conducted entirely within a building ", and uninterrup in said Coun of Eagle fora p eriod of h y �J g h located at 2131 North Frontage Road (Safeway)/ Lot 3, Vail Dan Filing 3, to allow for the in- more than fifty -two consecutive weeks next prior to the first stallation of one exterior low pressure gas cylinder exterior display cage, and setting forth details in regard thereto. (PEC110027) publication of the annexed legal notice or advertisement and Applicant: Safeway Stores 46, Inc. Planner: Rachel Dimond that said newspaper has published the requested legal notice A request for the review of a conditional use permit, pursuant to Section 12 -8C -3, Conditional Uses, and advertisement as requested. Vail Town Code, to allow for the construction of "paved and unpaved, non - motorized, bicycle paths and pedestrians ways" (i.e. steps), located at Part of Tract B, Vail Lionshead Filing 3, generally locat- The Vail Daily is an accepted legal advertising medium, ed on the north bank of Gore Creek east of the West Forest Road bridge, and setting forth details only for jurisdictions operating under Colorado's Home in regard thereto. (PEC110029) Applicant: Town of Vail, represented by Gregg Bar- Rule provision rie Planner: Bill Gibson A request for the review of a minor exterior alter- ation, pursuant to section 12 -713-7, Exterior Alter - r m That the annexed legal notice o advertisement was g ations or Modifications, Vail Town Code, to allow for changes to an existing outdoor dining deck, lo- published in the regular and entire issue of every cated at 174 East Gore Creek Drive (Lodge at Vail) /Lots A, B, and C, Block 5, Vail Village Filing 1, number of said daily newspaper for the period of 1 and setting forth details in regard thereto. (PEC110031) consecutive insertions; and that the first publication of said Applicant: Lodge Properties, represented by Mau - riello Planning Group notice was in the issue of said newspaper dated 5/27/2011 and Planner: Rachel Dimond that the last publication of said notice was dated 5/27/2011 in 1� A request for the review of a conditional use permit, rsuant to Section 12-76-3, Conditional Uses, Vail pu wn the issue of said newspaper. To Code, to allow for a liquor store, located at 196 Gore Creek Drive Unit 164 (Lodge at Vail) /Lots ABC, Block 5C , Vail Village Filing 1, and setting forth details in regard thereto. (PEC110032) Applicant: Vail Fine Wines, represented by Allan In witness whereof, I have here unto set my hand this day Dibben Planner: Rachel Dimond 06/03/2011 A request for the review of a variance from Section 12 -6H -6, Setbacks, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to al- low for an addition within the side setback, located at 303 Gore Creek Drive, Unit 6A (Vail Townhouse n/y Condominiums) /Lot 6, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110033) General Man ager/Publisher/Editor Applicant: Creek View LLC, represented by KH Webb Architects Planner: Bill Gibson Vail Daily Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 06/03/2011 It - Pamela J. Schultz, Notary Public My Commission expires: November 1, 2011 PAMELA J SCMXTZ "ry Pub k State of Colorado The applications and information about the propos- als are available for public inspection during office hours at the Town of Vail Community Develop- ment Department, 75 South Frontage Road. The public is invited to attend 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 informa- tion. Sign language interpretation is available upon re- quest, with 24 -hour notification. Please call 970 - 479 -2356, Telephone for the Hearing Im- paired, for information. Published May 27, 2011, in the Vail Daily. (6570030)