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
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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
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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
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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
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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
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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)
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Attachment
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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
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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
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Interstate 70 (RawaOO•)
Attachment C
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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
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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
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DEPARTMENT OF PUBLIC WORKSRRANSPORTAMN
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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
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0 50 100 200
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(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
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#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 =
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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 `
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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
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Modifications to Outdoor Dining Deck 11
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NET FLOOR AREA= EMPLOYEE HOUSING EXISTING
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TOTAL hV FLOOR AMA 4 I Sr
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_ PREAREOLCED 24 SF
Modifications to Outdoor Dining Deck 12
Parking Plan
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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
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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
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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
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KITCHEN DESIGNER ELECTRICAL
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ALPINE ENOINEERINO INC
DRAWING INDEX
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110"
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ELEVATIONS
110"
X
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PROHECT NORTH
BUILDING AND CODE INFORMATION
OCCUPANCY. A -2
CONSTRUCTION TYPE'. VA
SPRINKLEREU
ALLOWABLE SQUARE FOOTAGE. -
AUTO WABLE SOUARE FOOTAGE
. -
ALTO WABLE SOUARE FOOTAGE
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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
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AUJIFURI
3003 Lanmer Street
Denver, Colorado 80205
phone 303.861.5704
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APPROVED. Approver
DATE. May12,2D11
REVISIONS
O OZ ARCHITECTURE
WILDFLOWER
RENOVATION THE LODGE
AT VAIL
DRB AWNING REVIEW
SHEET TITLE.
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RE-IONS
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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
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Appeal of Planning Staff Application of GRFA Exclusions
Peel /Langenwalter Architects Page 4 of 5
April 20, 2011
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Appeal of Planning Staff Application of GRFA Exclusions Page 5 of 5
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April 20, 2011
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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
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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{
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= ^ &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
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Type of RvIriew and Fee:
LVI
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signs
$50
t%g $1.00 pre square foot or tuW �5bgn area.
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No Fee
TOWN O F VAI L
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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
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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
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•
• 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
.■
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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
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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.
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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:
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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)