HomeMy WebLinkAbout2016-16 Amending Section 12-15-3 regarding the Method for Measuring Gross Residential Floor Area in the HIlORDINANCE NO. 16
SERIES 2016
AN ORDINANCE AMENDING SECTION 12-15-3, DEFINITION, CALCULATION
AND EXCLUSIONS OF THE VAIL TOWN CODE, REGARDING THE METHOD
FOR MEASURING GROSS RESIDENTIAL FLOOR AREA (GRFA) IN THE
HILLSIDE RESIDENTIAL (HR), SINGLE-FAMILY RESIDENTIAL (SFR), TWO-
FAMILY RESIDENTIAL (R), TWO-FAMILY PRIMARY/SECONDARY (PS), LOW
DENSITY MULTIPLE -FAMILY (LDMF), MEDIUM DENSITY MULTIPLE -FAMILY
(MDMF), HIGH DENSITY MULTIPLE FAMILY (HDMF), HOUSING (H), AND
VAIL VILLAGE TOWNHOUSE (WT) DISTRICTS.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"),
is a home rule municipal corporation duly organized and existing under laws of the State of
Colorado and the Vail Town Charter;
WHEREAS, Section 12-15-3 Definition, Calculation and Exclusions, of the Vail Town
Code explains the methods used to determine how gross residential floor area is measured
within 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),
housing (H) and Vail Village Townhouse (VVT) districts;
WHEREAS, the Planning and Environmental Commission of the Town of Vail has held
public hearings on the proposed prescribed regulations amendment and on August 22, 2016
submitted its recommendation to the Vail Town Council;
WHEREAS, the Vail Town Council finds that the proposed 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;
WHEREAS, the Vail Town Council finds that the amendment furthers the general and
specific purposes of the zoning regulations;
WHEREAS, the Vail Town Council finds 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.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
(Note: Language proposed to be added is shown in bold; language proposed to be
removed is shown in .)
Section 1. Section 12-15-3A of the Vail Town Code is hereby amended as follows:
1 a (6) Basements: On the lowest level of a structure, the total percentage of all exterior
wall surfaces of the structure as a whole (interior party walls are not considered exterior
walls for the purposes of this section) that are unexposed and below existing or finished
Ordinance No. 16, Series of 2016
grade, whichever is more restrictive, shall be the percentage of the horizontal area of
the lowest level deducted from the GRFA calculations. The lowest level shall be the
finished floor level with the lowest U.S.G.S. elevation, including all floor levels
within six (6) vertical feet of the lowest level. A multi -unit building shall be
considered one structure. The percentage deduction calculations shall be rounded to
nearest whole percent. The lowest level 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 exterior
walls. The deduction shall be applied to all horizontal areas on the lowest level of a
structure, including garages and employee housing units also deducted from the
calculation of GRFA elsewhere in this title; but the deduction does not apply to any
crawl space or attic.
Section 2. Section 12-15-3B of the Vail Town Code is hereby amended as follows:
1a (7) Basements: On the lowest level of a structure, the total percentage of all exterior
wall surfaces of the structure as a whole (interior party walls are not considered exterior
walls for the purposes of this section) that are 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 lowest level shall be the
finished floor level with the lowest U.S.G.S. elevation, including all floor levels
within six (6) vertical feet of the lowest level. A multi -unit building shall be
considered one structure. The percentage deduction calculations shall be rounded to
nearest whole percent. The lowest level 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 exterior
walls. The deduction shall be applied to all horizontal areas on the lowest level of a
structure, including garages and employee housing units also deducted from the
calculation of GRFA elsewhere in this title; but the deduction does not apply to any
crawl space or attic.
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 4. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 5. 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
Ordinance No. 16, Series of 2016
any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 6. 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 4th day of October, 2016,
and a public hearing and second reading of this Ordinance set for the 18th day of October 2016,
at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
ave Ch in, Mayor
INTRODUCED, READ, ADOPTED AND ENACT D ON SECOND
READING, AND ORDERED PUBLISHED IN FULL thi 18th d of October,016.
gave Chin, M -yo"
Cha
ATTEST:
Ordinance No. 16, Series of 2016