Loading...
HomeMy WebLinkAbout1997-13 Repealing and Reenacting Chapter 18.71 - Additional Gross Residential Floor Area of the Vail Municipal Code; Amending Section 18.04.130 - Definition of GRFA; Providing for the Consolidation of GRFA Requirements into One Chapter~ ~ ~ ORDINANCE NO. 13 Series of 1997 AN ORDINANCE REPEALING AND REENACTING CHAPTER 18.79 (ADDITIONAL GROSS RESIDENTIAL FLOOR AREA} OF THE VAIL MUNICIPAL CODE; AMENDING SECTION 1$.04.130 (DEFINITION OF GRFA}; PROVIDING FOR THE CONSOLIDATION OF GROSS RESIDENTIAL FLOOR AREA REQUIREMENTS INTO ONE CHAPTER ENTITLED "CHAPTER 18.71 GR05S RESIDENTIAL FLOOR AREA (GRFA}"; PROVIDING A NEW REGULATION ALLOWING INTERIOR CONVERSIONS OF EXISTING SINGLE-FAMILY, TWO-FAMILY, AND PRIMARY SECONDARY DWELLINGS WITH NO REMAINING ALLOWABLE GRFA; AND AMENDING CHAPTER 18.40 SECTION 18.40.020 PARAGRAPHS B& C 70 ALLOW INTERIOR CONVERSIONS AND 250 ADDITIONS IN A SDD. WHEREAS, controlling the bulk and mass of residential buildings is critical in maintaining the alpine character of the Town of Vail; WHEREAS, GRFA is an effective foal for limiting the size, bulk, and mass of dwelling units; 'WHEREAS, it is in the public interest to limit the size of residential buildings to ensure compatibility of structures and to ensure adequate light and air in residential areas and districts; WHEREAS, interior conversions ofi existing single-family, two-family, and primarylsecondary dwellings that have no remaining GRFA allowance will allow greater flexibility to make improvements in a structure while not affecting the bulk and mass of the structure; WHEREAS, allowing flexibility to expand livable floor space inside an existing home has been identified as a need by Tawn residents; WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this amendment to the Vail Municipal Code at its June 23, 1997 meeting; and WHEREAS, the Town Council considers it in the interest of the public health, safety, and welfare to amend said Chapter and Sections of the Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 18.04, Section 18.04.130, is hereby amended to read as follows: 18.04.130 Floor area, gross residential (GRFA). The total square footage of all levels of a building, as measured at the inside face of the exterior ordinance 13, Series of 1997 ~ ~ ~ walls (i.e., not including furring, sheetrock, plaster and other similar wall finishes). Refer to Chapter 18.71 for GRFA regulations and requirements for GRFA calculation. (No#e: Remaining section is stricken) Section 2. Chapter 18.40 Section 18,40.020 paragraphs B & C are hereby amended to read as follows (note changes in bold). B} MINOR AMENDMENT {STAFF REVIEVII): Modifications to building plans, site or landscape plans that do not alter the basic intent and character of the approved special development district, and are consistent with the design criteria of this Chapter. Minor amendments may include, but not be limited to, variations of not more than five feet {5) #o approved setbacks andlor building footprints; changes to landscape or site plans that do not adversely impact pedestrian or vehicular circulation throughout the special development district; or changes to gross float area {excluding residential uses) of not mare than five percent (5%} of the approved square footage of retail, office, common areas and other nonresidential floor area, except as provided under sections 18.71.040 (interior Conversions] or 18.71.058 {250 Additional GRFA). C) MAJOR AMENDMENT (PEC) ANDIOR COUNCIL REVIEVIr7: Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this Section}, except as provided under sections 18.71.040 (Interior Conversions} or 18.71.050 (250 Additional GRFA). Section 3. Chapter 18.71 is hereby repealed and reenacted to read as #ollows: CHAPTER 18.71 Sections: GROSS RESIDENTIAL FLOOR AREA (GRFA) 18.71.010 Purpose 18.71.020 GRFA Requirements by Zone District 18.71.030 Definition, Calculation, and Exclusions 18.71.040 Interior Conversions 18.71.050 Additional Gross Residential Floor Area (250 Ordinance} 18.71.010 Purpose This Chapter is intended to control and limit the size, bulk, and mass of residential structures within the Town of Vail Gross residential floor area (GRFA) regulation is an effective Coal for limiting the size of residential structures and ensuring that residentia! structures are developed in an environmentally sensitive manner by allowing adequate air and light in residential areas and districts. 18.71.020 GRFA Requirements by Zone District Ordinance 13, Series of 1997 2 ~~~ ! i Zone districts GRFA RatiolPercentage HR Hillside Residential SFR Single-family Residential R 7'wo-Family Residential PIS Primary) Secondary Residential RC Residential Cluster LpMF l.ow density Multiple Family MDMF Medium Density Multiple Family HDMF High Density Multiple Family PA Public Accommodation CC1 Commercial Core 1 CC2 Commercial Core 2 CC3 Commercial Core 3 CSC Commercial Service Center ABD Arterial Business HS Heavy Service A Agricultural and Open Space OR Outdoor Recreation P Parking GU General Use NAP Nature! Area Preservation 20% of lot area of first 21,780 sq. ft. + 5% of lot area over 21,780 sq. ft. 25% of lot area of first '12,500 sq. ft. + 10% of lot area aver 12,500 sq. ft. 25% of lot area of first 35,000 sq. ft. + 10% of lot area over 15,000 sq. ft. and up to 30,000 sq. ft. + 5% of lot area over 30,000 sq. ft. 25°1° of lot area of first 15,000 sq. ft. 10% of lot area over 15,000 sq. ft. and up to 30,000 sq. ft. + 5% of tat area Over 30,000 Sq. ft. (the secondary unit shall not exceed 40% of GRFA on-site prior to application of credit) 25% of buildabie lot area 3D% of buildabie lot area 35% of buildabie lot area 80% of buildable lot area 8D% of buildable lot area 8D% of buildable lot area 80% of buildable lot area 30% of buildable lot area 40% of buildable lot area GRFA shall not exceed 50% of total building #loor area on any site 60% of buildable lot area None permitted Up to 2,D00 sq. ft. total None permitted None permitted Per PFC approval None permitted • GRi=A Credits Sodded to results of application of percentage None 425 sq. ft. per allowable dwelling unit 425 sq. ft. per allowable dwelling unit 425 sq. ft. per allowable dwelling unit 225 sq. ft. for single-family and two-family structures only 225 sq. ft. for single-family and two-family structures only 225 sq. ft. for single-family and two-family structures only None None None None None None None None None Nane None None None Qrdinanee 13, Series of 1997 3 ~ ~ Zone Districts SBR Ski Base Recreation SDD Special Development District GRFA RatiolPercentage Unlimited, per Council approval Per underlying zoning or per development plan approval by Council 18.71.030 De#inition, Calculation, and Exclusions GRFA Credits (added to results of application of percentage) None None Grass Residential Floor Area 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, taut not be limited to, elevator shafts and stairwells at each level, lofts, fireplaces, bay windows, mechanical chases, vents, and storage areas. Attics, crawl spaces and roofed or covered decks, porches, terraces or patios shall also be included in GRFA, unless they meet the provisions of subsections A or B below. A. Single-f=amily, Two-Family, and PrimarylSeeondary Structures Within buildings containing two (2) or fewer dwelling uni#s, the following areas shall be excluded from calculation as GRFA. GRFA shall be calculated by measuring the total square footage of a building set forth in this definition above. Excluded areas as set forth herein, shall then be deducted from total square footage: Enclosed garages of up to three hundred (300) square feet per vehicle space not exceeding a maximum of two (2} spaces for each allowable dwelCing unit permitted by #his Title. 2. Attic space with a ceiling height of five feet {b') 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. Craw! 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. ~. Roofed or covered deck, porches, terraces, patios or similar features ar 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 three feet (3'} in height. B. Multiple-Family Structures Within buildings containing more than two {2) allowable dwellings or accommodation units, the fallowing 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 shalt then be deducted from the tots! square footage. Enclosed garages to accommodate on-site parking requirements. 2. Ali or part of the following spaces, provided such spaces are common spaces and that the total square footage of aH the following spaces shall not exceed thirty five percent (35%) of the allowable GRFA permitted on ordinance 13, series °f 1997 4 ~ ~ ~ the lat. Any square foo#age which exceeds the thirty five percent (35%} maximum shall be included in the calculation of GRFA. a. Common hallways, stairways, elevator shafts and airlocks. b. Common lobby areas. c. Common enclosed recreation facilities. d. Common heating, cooling ar ventilation systems, solar rock storage areas, or other mechanical systems. Square footage excluded from calculation as GRFA shall be the minimum square footage required to allow far the maintenance and operation of such mechanical systems. e. Common closet and s#arage areas, providing access to such areas is from common hallways only. 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 or a Type lV "Employee Housing Unit (EHU)" as defined and restricted by Chap#er 18.57 of this Title, provided said EHU floor area shall not exceed sixty percent {60%) of the thirty five percent (35%) common area allowance defined above. Any square footage far the Type lil or Type lV EHUs which exceeds the sixty percent {60%} maximum of allowed common area shall be included in the calculation of GRFA. If a property owner allocates common area for the purpose of employee housing, and subsequently requests a common area variance, the Town shall require that the housing area be converted back to common uses and that the employee housing units be replaced within the Town. 3. All or part of an airlock 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 a# the lowest level. 5. Attic space with a ceiling height of five feet (5') or less, as measured from the top side of the s#ructural 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 calculation as GRFA, provided the trusses are spaced no greater than thirty inches (30") apart. 6. 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 floorlceiling 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, parch, terrace, patio, or similar feature or space, provided the opening is contiguous and fiully open from floor to ceiling, with an allowance for a railing of up to three feet (3'} in height and support posts wi#h a diameter of 18" or less which are spaced no closer than 10' apart. The space between the posts shall be measured from the outer surface of the post. Ordinance 13, Series of 1997 5 2. Additional Calculation Provisions A. Interior walls are included in GRFA calculations. For two-family and primarylsecondary structures, common party walls shall be considered exterior walls. B. Greenhouse windows (self-supporting windows) shall not be counted as GRFA. Greenhouse windows are defined according to the following criteria: Distance Above Inside Floor Level - In order for a window to be considered a greenhouse window, a minimum distance of 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 mee# Building Code egress requirements). The 36" minimum was chosen because it locates the window too high to be comfortably used as a window seat and because it allows far a typical 4' high greenhouse window to be used in a room with an 8' ceiling height. 2. Projection - No greenhouse window may protrude more than 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 shah not require special #raming 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 45 degree angle. A small roof aver the window may also be allowed provided the overhang is limited to 4" beyond the window plane. 4. Dimensional Requirement - Na greenhouse window shall have a total window surface area greater than 44 sq. ft. Th'€s figure was derived on the assumption that the maximum height of a window, in an average sized room, is 4' and the maximum width fora 4' high self-supporting window is between 6' and 8` (approximately 32 sq. ft.). Since the window would protrude no more than 18", the addition of side windows would bring the overall window area to approximately 44 sq. ft. 5, Quantity - Up to two (2) greenhouse windows will be allowed per dwelling unit, however, the 44 sq. ft. size limitation will apply to the combined area of the two windows. 6. Greenhouse windows do not count as site coverage. C. Vaulted spaces and areas "open to below" are not included in GRFA calculations. D. Garage credit: Allowable garage area is awarded on a "per space basis," with a maximum of two spaces per aNowable 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 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: Qrd€nanca 13, Series of 1997 6 ~ ~ Crawl spaces created by a "stepped fioundation," hazard mitigation, or other similar engineering requirement that has a total height in excess of five feet may be excluded from GRFA calculations at the discretion of the Director of Community Development. 2, If a roof structure is designed utilizing anon-truss system, and spaces greater than five feet 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 sq. ft, opening maximum}; c. The attic space shall not have a structural floor capable of supporting a "live load" greater than 40 pounds per square foot, and the "floor" a# the attic space cannot not be improved with decking; d. It must be demonstrated by the architect that a "truss-type" or similar structural sys#em 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. F. PrimarylSecandary units: The 425 sq. ft. credit per unit shall be applied to each unit AFTER the 6{140 split has been calculated {i.e., the secondary unit shall be limited to 40% of the total GRFA + 425 sq. ft.}. 2. On PrimarylSecandary and Two-family lots, GRFA is calculated based on the entire lot. 18.71.040 Interior Conversions 1. Purpose The interior conversion section of this Chapter provides for flexibility and latitude with the use of interior spaces within existing dwelling units that meet or exceed the allowable Gross Residential Floor Area (GRFA). This would be achieved by allowing for the conversion of existing interior spaces such as vaulted spaces, crawl spaces, and other interior spaces into floor area provided the bulk and mass of the building is not increased. This provision is intended to accommodate existing homes where residents desire to expand the amount of usable space in the interior of a home. The Town has also recognized that property owners have constructed interior space without building permits. This provision is also intended to reduce the occurrence of interior building activity without building permits and thereby further protecting the health, safety, and welfare of the community. 2. Applicability Single-family, two-family, and primary/secondary type dwelling units that exceed allowable GRFA will be eligible to make interior conversions provided the following criteria are satisfied: A. Any existing single-family dwelling unit or any existing dwelling unit within a structure containing no more than two dwelling units (exclusive of Employee Housing Units as defined in the Zoning Cade) 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 Specie! Development District, provided that such GRFA complies with the standards outlined herein. Ordinance 13, Series of 1997 7 3. B. For the purpose of this section, "existing unit" shall mean any dwelling unit within a structure containing no more than two dwelling units (exclusive of Employee Housing Units as defined in the Zoning Cade) that has been cons#ructed prior to August 5, 1937 and has received a certificate of occupancy, ar has been issued a building permit prior to August 5, 1997 or has received final Design Review Beard approval prior #o August 5, 1997. C. Multi-family dwelling units are not eligible to add GRFA pursuant to this Section. Standards A. Na application to add floor area pursuant to this Section shall be made until such time as all the allowable GRFA has been constructed on the property, or an application is presently pending in conjunction with the applica#ion to add floor area that utilizes all allowable GRFA for the property. B. Applications to add floor area pursuant to this Section shall be constructed utilizing the floor area or volume of the building that is in existence prior to August 5, 1997, New structures ar exterior additions tv existing structures built after the effective date of this sec#ion will not be eligible for interior conversions. Examples of how floor area can be increased under the provision of this Section include the conversion of existing basement or craw! spaces to GRFA, the addition of lofts within the building volume of the existing building, and the conversion of other existing intertar spaces such as storage areas to GRFA. C. Proposals for GRFA pursuant to this Section may involve exterior modifications to existing buildings, however, such modifications shall not increase the building bulk and mass ofi the existing building. Examples of exterior modifications which are considered to increase building bulk and mass include, but are not limited to, the expansion of any existing exterior walls of the building, re-grading around a building in a manner which exposes more than two (2) vertical feet of existing exterior walls and the expansion of existing roofs. Notwithstanding the two vertical feet (imitation to regrading around a building described above, additional regrading may be permitted in order to allow for egress from new interior spaces. The extent of such regrading shall be limited to providing adequate egress areas for windows or doors as per the minimum necessary requirement for the Uniform Building Code. Examples of exterior modifications which are not considered to increase building bulk and mass include, but are not limited to, the addition of windows, doors, skylights, and window-wefts. Subject to design approval, dormers may be considered an exterior modification in conjunction with interior conversions permitted by this section. Prior to approval of proposed dormers ar regrading for windows or doors as described above, the staff or the DRB shall find that they da not add significantly to fhe bulk and mass of the building and are compatible with the overall scale, proportion, and design of the building. For the purpose of this Section, dormers are defined as a vertical window projecting from a sloping roof of a building, having vertical sides and a gable or shed roof, in which the total cumulative length of the dormer(s) does not exceed 50% of the length of the sloping roafi, per roof plane, from which the dnrmer(s) projects. Length of roof plena I.ongth of dormeir '__,~ - ~~ ~~_ - __~ ~~ •• i4 ~~ ~.i7~~ ~ ~ f .._4y`1 - _ y-L _- ~.__,_,_.-s 7 ~J _'- -'. _ ... ff e} ~r~l ~~ fr 'rte`+r •~ ~ ~~ ~ r r ~/r ~_', Cumulative Length of dormer(s) may not extend 50% of the IenOth of the rao} plena. Ordinance 13, Series of 1997 $ D, Proposals far the utilization of interior conversion GRFA pursuant to this Section shall comply with all Town of Vail zoning standards and applicable development standards. E. Floor area within a garage that was originally approved through the garage space credit may not be converted to GRFA pursuan# to this Section. 4. Process Applications shall be made #o the Community Development Department staff on forms provided by the Department. Applications for interior conversions to single-family, two- family, and primary secondary type dwelling units located in a Special Development District (SDD} pursuant to this Section shall also be allowed without amending the GRFA provisions of the SDD. However, properties with GRFA restrictions recorded on the plat far the development shall be regulated according to the plat res#rictions unless the plat is modified to remove such restrictions. The planning staff will review the application to ensure the proposed addition complies with al! provisions of the interior conversion section. Submittals shall include: A, Applica#ion fees pursuant to the current fee schedule. B. information and plans as set forth and required by Section 18.54.040, subsection C of this Title or as determined by the Community Development Department staff. Applicants would need to submit "as-built" floor plans of the structure so #ha# staff can identify the existing building from any new additions that have occurred after the approval of this ordinance. C. Proposals deemed by the Community Department staff to be in compliance with this Section and all applicable zoning and development regulations steal! be approved by the Department of Community Development or shall be forwarded to the Design Review Board in accordance with Chapter 18,54 of the Municipal Code. Proposals deemed to not comply with this Section or applicable zoning and development regulations shall be denied. D. Upon receiving approvals pursuant to this Section, applicants shall proceed with securing a building permit prior to initiating construction of the project. E. Any decisions of the Community Development Department pursuant to this Section may be appealed by any applicant in accordance with the provisions of Section 18.66.030 of the Vail Municipal Code. 18.71.05Q Additional Gross Residential Flanr Area (250 Ordinance} 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 Sec#ion are met. This Section does not assure each single-family ortwo-family dwelling unit Eocated within the Tnwn an additional two hundred fifty (250} square feet, and proposals for any additions hereunder shaA 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 thereo#, but a demolrebuild shall not be included as being eligible for additional gross residential floor area. 2. Single-Family ©weliings and Two-Family Dwellings A single-family ortwo-family dwelling unit shall be eligible for additional grass floor residential area (GRFA} not to exceed a maximum of two hundred fifty (250} square feet of GRFA in addition to the existing ar allowable GRFA for the site. Before such additional GRFA can be granted, the single-family ortwo-family dwelling unit shall meet Ordinance 13, 5erles of 1997 9 • the following criteria: A. Eligible Time Frame: Asingle-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) ar, 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. B. Use Of Additional Floor Space; Proposals for the utilization of the additional gross residential floor area {GRI=A) under this provision shaft 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 18.62 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. C. Notification: Adjacent property owners and owners of dwelling units on the same lot shall be notified of any application under this Section that involves any external alterations to an existing structure. Notification procedures shall be as ou#lined in Section 18.66.080 of this Title. D, Garage Conversions: If any proposal provides for the conversion of a garage ar enclosed parking area to GRFA, such conversion will not be allowed unless: 1) either the conversion will not reduce the number of enclosed parking spaces below the number required by this Code; ar 2) provision is made for creation of such additional enclosed parking spaces as may be required for the new total GRFA under this Code. Plans far a new garage or enclosed parking area, if required, shall accompany the application under this Section, and shall be constructed concurrently with the conversion. E. Parking: Any increase in parking requirements as set forth in Chapter 18.52 of this Ttle due to any GRFA addition pursuant to this Section shat! be met by the applicant, F. Conformity With Guidelines: All proposals under this Section sha11 be required to conform to the design review guidelines set forth in Chapter 18.54 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 18.54 of this Title. Before any additional GRFA may be permitted in accordance with this Section, the staff shall review the maintenance and upkeep of the existing single-family ortwo-family dwelling and site, including landscaping, to determine whether they comply with the design review guidelines. No temporary certificate of occupancy shaft be issued far any expansion of GRFA pursuant to this Section until all required improvements to the si#e and structure have been completed as required. G. Applicability: No pooling of gross residentia! floor area shall be allowed in single- family ar two-family dwelling units. No application for additional GRFA shall request more than two hundred fifty {250) square fee# of gross residential floor area per single-famiEy dwelling ortwo-family dwelling, oar 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 far additional GRFA that utilizes all allowable GRFA for the property. Ordinance 13, Series of 9997 1 ~ H. 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. ~ DemolRebu~lt Not Eligible: Any single-family or two-family dwelling unit which is to be demolrebuilt shall not be eligible for additional GRFA. 3. Multi-Family Dwellings Any dwelling unit in a multifamily structure 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 ar allowable GRFA for the site. Any applicatian of such additional GRFA must meet the following criteria: A. Eligible Time Frame: Amultiple-family dwelling unit shall be eligible for additional GRFA, pursuant to this section, if it is in existence prior to November 30, 4995 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 #ime of completion, from the date of original comple#ion and occupancy of the building. B. Ilse Of Addi#ional Floor Space: Proposals for the utilization of the additional GRFA under this provision shall comply with ail 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 18.62 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. C. Parking Area Conversions: Portions of existing enclosed parking areas may be converted to GRFA under this Section if #here is no loss of exis#ing enclosed parking spaces in said enclosed parking area. D. Parking Requirements Observed: Any increase in parking requirements due to any GRFA addition pursuant to this Section shall be met by the applicant. E. Guideline Compliance; Review: All proposals under this Section shall be reviewed for compliance with the design review guidelines as set forth in Chapter 18.54 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 18.54 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. This review shall take place at the time of the first application for additional GRFA in any multi-family dwelling. This review shall not be required for any subsequent application for a period of five (5) years #rom the date of the initial applicatian and review, but shall be required for the first application filed after each subsequent five {5) year anniversary date of the initial review. 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. F'. Condominium Association Approval: If the proposed addition of GRFA is for a dwelling unit located in a condominium project, a letter approving such addition from the condominium association shall be required at the time the application is submitted, Ordinance 13, Series of 1997 11 -~ ~ ~ s • G. Deck And Balcony Enclosures: No deck or balcony enclosures, ar any exterior additions or alterations to multi-family dwellings with the exception of windows, skylights, or other similar modifications shall be allowed under this Section. H. 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 far additional GRFA shall request more than two hundred fifty (250) square feet of grass residential floor area per dwelling unit nor shall any application be made for additional GRFA until such time as a!1 the allowable GRFA has been constructed on the property. L Nontransferable To DemolRebui'~t: Any building which has previously been granted additions{ GRFA pursuant to this Section and is demolrebuilt, shall be rebuilt without the additional GRFA as previously approved. Demo/Rebuilt Not Eligible: Any multiple-family structure or dwelling unit which is to be demo/rebuilt shall not be eligible for additional GRFA. 4. Procedure A. Application; Content: Application shall be made to the Department of Community Development on forms provided by the Department of Community Development and shall include: 1. A fee pursuant to the current schedule shall be required with the application. 2. Information and plans as set forth and required by subsection 18.54.0~#QC of this Title. 3. A list of the names and addresses and stamped envelopes of all the adjacent property owners and owners of dwelling units on the same lot as the applicant. 4. Any other applicable in#armation required by the Department of Community Development to satisfy the criteria outlined in this Section. B. Hearing Set; Notice: Upon receipt of a completed application for additional GRFA, the Planning and Environments! Commission shall set a date for a hearing in accordance with Section 18.66,070 of this Title. Notice shall be given, and the hearing shall be conducted in accordance with Sections 18.66.084 and 18.66.090 of this Title. C. Compliance Determined: If the Department of Community Development staff determines that the site far which the application was submitted is in compliance with Town landscaping and site improvement standards, the applicant shall proceed as follows: Application far GRFA additions which involve no change #o the exterior of a structure shall be reviewed and approved by the Department of Community Development. 2. Applications for GRFA additions involving exterior changes to a building shall be reviewed and approved by the Planning and Environmental Commission in accordance with the provisions of this Section. D. 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 Ordinance 13, Series of 1997 1 ~ T • materials indicating haw the site will be brought into compliance with said Town minimum standards, which plans and materials shall be reviewed by and approved by the Community Development Department. E. Building Permit; Upon receiving the necessary approvals pursuant to this Section, the applicant shall proceed with the securing of a building permit priar to beginning the construction of additional GRFA. Section 4 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 Tawn Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact thak any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. 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. Sectian 6. The amendment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred priar to the effective date hereof, any prosecution commenced, nor any other action ar 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 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed #a 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. ordinance 13, Saries of 1997 ") ~ i INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of July, 1997, and a public hearing for second reading of this Ordinance set for the 5th day of August, 1997, in the Council Chambers of the Vail Municipal Suildin ,Vail, Colorado. Robert W. Armour, Mayor Attest: ~~~ ~~ ~~ Holly L. McCutcheon, Town Clerk READ AND APPROVE^ ON SECOND READING AND ORDERED PUBLISHED IN I=ULL this 5th day of August, 1997, .~ ,~ Ro ert W. Armour, Mayor Attest; ~~~ y` ~ Holly L. McCutcheon, Town Clerk Ordinance No, 13, 5erias of 1997 14 _O ~. ~. 0 c m m fl c~ ~ Q C 6 ^-h f} ~ ~ ~- ' ~ ~ ~ ~ (D ~ o. o ~ ~. a O • • ~ Z O Q ~i ~" ~ ~ a ~ ~ " ~ p ~. ~ ~ ~ o ~ ~ c ~ 0 a ~ ~ ~ o ~ I fl ~"" . ~ ~ ~ ~o c O ~ ~ ~ ~ ~' O Q ~ Q ~ ~ ~ Q ~ ~ ~ cn ~ W ~ ~ Q ~ ~ m . ~ ~ ~ Q. ~ ~ ~ ~ ~ O ~ ~ D m e Q~ Q ~~ o ~-° O~~ D z ~ ~ ~ CAD ~ `~ iD y. Q ~ r i ~ N ~- Z ~ cn -r O ~ ~_ s~ O ~ ~ ~ ~ Q ~~ N n ~ ~ ~ ~ Q ~ CD O ~ X (D ~ ~ i] cD ,c c~D Q ~ Q ~ O Q ~+~y -,, ~ ~ V"~ ~ Cep ~ fD D ~ ~ ~ ~ m ~ ~ ~~,~ ~~~.~ ~.~QN~Qo -~ ~ a a ~ Q m ~ ~ ~.~ ~ ~ ~ ~ ~~ ~, ~ ~ ~ ~ g. Q ~ ~ O ~ Q ? ~ ~ ~- ~ Q O ~ ~~ Q O '~ ~ ~ N~ <` ~ Q cD O p~ p O j p~ ~ Qp-~ ~~ Q ~ Q 6 ~ ~~ Q ~ ~ Q Q cep Q' ~~ ~ ~ ~ ~ ~ ~ cR ~ ~ Q j, n (D ~ ~ 7 ~ fD ~ ~ ~ ~ ~ N• Q O n CQ N~ ~, G Q {Q ~. "' ~ ~ -.~ p CD p c p O C ~ ',(° a ~ a~ Q m n~~~ Q a~ fl ~ ~ ~ 9 0 ° ~ ~ ~ ~ ~ a~ m ~ Q ~ ~ ~ -~ ~ Q ~ ~ m ~ ~~~ ~ ~ O. ~ G G 3 ~ ~ ~ ~ ~• ~ ~ Q • rVn (D ~ W fD CD Q ~ ~ Q O ~ ~ ~ O _~ n ~ O c Z `~ T O O m r O m ~ ~~" ~ /~ 0 0 C ~_ Q Z 0 ~ ~~ ~~~ ~~~ ~ ~ '~, ~ ~,~~ ~ • a ~~ m ~~~~ ~~m ~~ ~~~~ 1 ~'~3 s~~ ~~~A~~ "~~~ ~~~ ~~ ~~ cn ,~ ~~ ~ , m ~' n~N m ~~, Ul ~ m w C $~~w~~r ,m~<~v ~K N ~ G ~ 3 ~~ ~ ~ o ~, o~Q.~ ~• u~v ~ ~~m~~x~ o~W a• UJ C.~ ~ N ~ = m ZJ N v O f/1 (D O (D tp ~ (D ~ v~ ~ V CSC ~ ¢1 ~ any ~ ~ O~ O ~ c~ n -•. ~ v, ~ o z ...tQO~in~_o~° m 0~~ ~'~ ~,~ ~'~CAi C n i7 ~~-w m m ~~ ~ ~a'ro ~~ OD m,~ w W ~ ~ u~o ~ ~ Q ~ r~.~ ~ ~ ~ ~ ~ ~ ~ 0 ~ C Ali ,..,,~ r -~ n~ _ ~'-' C ~ ~~ ~ ~~^~~~ ~fl~w~N m o~$cN vdrafD..rt +i O ~~ ~ ~ ~ ~ ~ CEO ~4Dp'm~'q~ .t°i~.~~~o~ ~nC° ,~,~ Cl) ~ ~ F'~„ ~ ~ ~ ~ ~ ~ ~ ~ ~ r^ S1i ~ ~ ~ ~ 4t O N 0. 2 y .D -'n Ro ~ rt ~ n.~ ~ ~ CYi ~~.~ w~Cxr Csl ~€~&° ~~ ~~' ~ Na~o~t~ ~~N~ ~ C) C ~ " ~ ~z~~ ~~~my ,~~~ co p ~n~~ r ~ 7 'm ~~~ ~~~~ ~ ~~< ~~W@m=Z ~03~; °~3°oQD °wm~m ~ocQ ~' ~m Qp~~ '~ ~ ~ ~4 a°Q"o~~m a~o~p~ o-co?S~n~°~~o-~ ~'mm 'o H - ~ ~ rt ~ vf' 3?.C am m O -'3 -~'~' ~ ro ~ a c~ ~ d ~o F a „ ! ~ .C ~~ 'O ~mp~z o.c]D Fp~N~~ hoc p-+° -@~n D' n ~r~~.o3op-o -gym mq ~ c~= -G~ '°rr 8, '' ~j ~ ~ ~i C oq,0p [DD '~ r ono~L .n ~m~ ~yx] •m~A~-'~ ~` i ~~ r^. m~+m ~~°m~m 7CQrn ~OQyQro m7y QC10 '~ ~~ ~ '~ D ° ~mOz ~a x ~n ~O o m ~ ~ ~ i p~ 'p ~j yy ~ ° ~ Z ~ ~ Z O. ~ z r~n m N n ~ A ~ m m m ~ m f.1 ~ (f] ~" q, - ~ ~. F ~ -* ._ O .. . _. - ~,~.. ~ r A r.~ _~ m~ £{~ a~ac won ~= .~ ~`" '~ ~~~~ ~ ~ ~ ~ ~ r~ ~ mmom-+ Qti n~ooO m~ ~cm ~ r ~ t ~ ~m ~am_c.6x -a'6 z .o~--3M~ ~~ a~~ ~~s ~.~ ~r~~ ~~~ ~. ~ ~' rt m ~ ~ m o 0 0 0 _ o Nm m o. a Sm~3g ~ ~ s "~ : ~ ^-amn roa m~p~ p~. ~ AoTp~ aD~ ~~~ r~ y p y~ Q ~ V o~~i s~ ~p ~ ~ ~ * ~ ~'i ~~n 04m~~~Z 7~OG7 A~O~W OOH ~m0 qo .$ ~~ ~ ~ ~ ~~~~~ ~ .. EM ~~3 ~~QbpQ~ ~bQc~n ~~pg~ ,vC'.fl~ aQ~ c ~..o go ,~ ~~ Qi ryr ~' ~`" ~nN.p~~~ of -'~ ammQm .Qmm 'r,°,~o. ~~~siS ~°~~ ~~$ ~~~~~ '~~c u~m a! m^ ~mm ° ~ o,~mwf~nnm6 m q Nwm ~~ ~. ~, ~~ ~ A q ~$cw a oN ~.., 3 m »ma ^ ^~ ~m5`Pm70sm {~ ~• a ~ N 0. -' C u 4.~3C 9C~ '''(((]]] ~ ~ $~ ~ ~~ m CC ~7 c ^Cm ~n~ ~~ A ~q!^ ~ ~ nm o''~ ~~c -~ ~ ... 5~~ 'a ti.TS'q-.i ... ~~ ~ SC.-. ~~•~~q ~m ~„~~~~mm~^~N~ ~ ~ q~gm~ C4~~q mom 0°~~~m r2 W~d~~m pam ~ODN q n YS11122ii q ~~ d~ ~' N V 3 ~ ~ ~~ ~ ~.-. ~m 3~ ~pn ~ °~~~$W ~ n~~~--`~~39-'~°&''qm ~m Ow ~ n°~ ro,~wmooo c~o0 ~m~~~ ~ ~$R~~ ~ ~~~ ~~3~3 3$ ~44~~~p~p~S~~~n~`"~S ~Dy"~mw~mmv"~ ° m<~ ° ~,°"'~°-'~d~O»aa } rm ~ ~~ ~~~ ~m ~~Y ~~~NXm xS~ q.~11~Cm5. ~.S0 v_~jc Cm q mNp ~ QN~~~~a am~w. 47g Q ~ ~ C ~ Twg a 3 nl $ 3 m " m m° ~v ~ .~.0 d a ~, -ip]~ m -m c d _.C y &m~~ ~m w ~,~ °~. a $~ ^~ ~ m~~~ g~~~~°m m3?'-'mam~ ~ WXrn D ~~mNgm.w J.$~~. a~~q pN ~p~~~Q ^ ~-~- of ~~ .. 5' Gf s _K Num3mm nwa' _ rmD -_ ~~~ v, m ~~ Q N O'er m 1~g~$$&~G~ ~ ym3 -i ~ mmo ~`~m~ ? m C ~'m mmtmti m ~ m~ ~ ~ ~ ¢v~ -~e~ ~~ °Z~iN~p'~m o m1 ~ a ;gamg g~~~ m~R~ ~ ~ ~_ ~~5~~~`O 1° o mm m- WN~S,oo A r70~+ m 5:marmn`^.NUm, ~9Y~ ~ ~~ ~~~~T~ ~~~a~mK mm ~ ° ~ ~A~~ ~ ~°g3=w<<~~N D n °nm ~ >><3m2imn 5r m m m a° ~~ o pp q ti ~ e _ '~6 ~~ ~.. ~~0~~. ~~~~'~p`~~w ° ~ ~ ~ m'~v ~ mmp~m L~' mmm ~ m m~c°a ,~„o°-'~o ~ g ° ~4 ~~m o "~--9' a~ ~^' cc ~=m o_ •[ ~mnti°m s~i~mmy ° ° 'mma~ ° ~w '~ a-~'3 v~ 0 3~ S~.m ~, ~ o~ E o m~ NCOU,Nymo ? '~ nq+ - &g~m~ o$~~'~~•~~ 5}a~ ~~pp ~ m ~ 5 m~m~o' o m o w~ .m~_ m m m' 3~~$~ g ~ m a ~ Q m ~ a ~ m n m r u ~' x m w a m n~o ~ w~ m w a i° m E o G7E s~ $$ s ~ m ~ ~ m T ~~ . ~ ~~ :~~ ~~ ~~ ~ g ~ ~~ ~ . ~~ ~ ~~ g ~x~~gm~ at$ ~ 4g'~gm Q~i$ ~ n ^ ~~~~ ~ ~, ~~ ~a~~~ $~~ ~. ~ ~~~~~g~~~~~ Q g 4. 7f m i .Q ~~3i~~.~r~~ ~3f~ ~~~>m~~ g~ ~m~ ~~~~~3+G p~~~»~~7g 3 ~~iD $ ri 3 ~ ~ ~ m G ~ ~ o ~3~~~~~ ~ .~a~~~m ~~ ~ta3~ frL~~ 3r m ~m ~~o i ~i N ~ ~ $ ~ ~ q ~ a m .~a m m ~ ~~ ~ ~m .~~ ~~g~o= x Q 8 m - _ 3 2 ~ g g m O ~' ^ ~ ~ mim~ s3~. 8~~ ~~ iom~ ~ ~ m ~' ~ ~ m w x a o m ~ ~ ~ ~ x ~s ~ ~m~~a n~m~3~°~z~ Nn o tin ymgjn pw~~+~,mT[di,Y ~~ f°CI C ~ O ~ ^ :L1 7 iS ~ ~ Or 2 6 ~ m ~ ~' y ~ S y~ O QQo ~ m m ~ ~,y ~ ~ m ~ ° ~ v 'S ~ o ow ~Y~ m w $,~c'^a$- ~ c~ ~ ~ and ..~ ~ V~~ d ~ `~ m. O m ~T m~ N "~ 3 C ~. q Q ~m s~,gmayx~mmoc~ o~~ Pw a~m ~o~m~",~~~~i5~m mm ~m ~ 3 _ _ ~y7m~~mj~3n~a~~S~~~ ~~ ~w m gym- cnm~ 7m--~2m~w ~ j!~ G