HomeMy WebLinkAbout2004-14 Amending Title 12 Zoning Regulations, Vail Town Code, to Amend the GRFA Regulations in the Hillside Residential, Single Family Residential, Two-Family Residential, and Others
~ ORDINANCE N0.14
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
i
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 strosken. Text which is to be added is
indicated as bo/d italics.)
BASEMENT: For the purposes of calculating gross residentia/ f/oor area (GRFA):
on the /owest /evel of a sfrucfure, fhe tofa/ percentage of exterior wa/l surfaces
unexposed and be/ow existing or rinished grade, whichever is more restrictive,
sha/l be the percentage of the horizonta/ area of the /owest /evel deducfed from the
GRFA calcu/ation. The percentage deduction ca/cu/ations shall be rounded to
nearest whole percent. The /owest /evel's exferior wall surface area shal/ be
measured fiom the rinished f/oor e/evafion of fhat /evel to the underside of the
structural f/oor members of the f/oor/ceiling assemb/y above. For the purposes of
these ca/cul
ations retainin wall
, g s and site walls shall not be considered part of
the /owest /eve/,s exterior walls.
• FLOOR AREA, GROSS RESIDENTIAL (GRFA):
, ,
sheStFGGk, . Refer to chapter 15 of this title for
GRFA derinitions, regulations, and requirements for GRFA calculations.
S/TE: See "Lot"
SITE COVERAGE: The ratio of the total building area of a site to the total area of a site,
expressed as a percentage. Forthe purposes of this definition, "building area of a site" shall
mean that portion of a site occupied by any building, carport, porte cochere, arcade, and
covered or roofed walkway constructed at, be/ow, or above grade as measured from the
exterior face of fhe 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-86 (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 stOGken. Text which is to be added is
indicated as bo/d italics.)
B. Gross Residential Floor Area:
1. The following gross residential floor area (GRFA) shall be permitted on
each site:
, ;
p6s
, .
a. Nof more than forty three (43) square feet of gross
residentia/ floor area (GRFA) for each one hundred (100)
square feet of the rirst ten thousand (10,000) square feet of
site area; p/us
~ b. Twenty rive (25) square feet of gross residential floor area
(GRFA) for each one hundred (100) square feet of sife 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 residentia/ 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 finro 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 12-66-813 (Single-Family Residentiai 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 stFisken. Text which is to be added is
indicated as bold italics.)
B. Gross Residential Floor Area:
1. The foilowing gross residential floor area (GRFA) shall be permitted on
each site:
, ; phis
pro=
, .
a. Not more than forty (40) square feet of gross residential
floor area (GRFA) for each one hundred (100) square feet of
the rirsf ten thousand (10,000) square feet of sife area; p/us
b. Thirteen (13) square feet of gross residenfia/ f/oor area
(GRFA) for each one hundred (100) square feet of site area in
• excess of ten thousand (10,000) square feet.
. ,
dwelling-unit-.
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-86 (Two-Family Residential District, Density Control) of the
Vail Town Code shall hereby be amended as follows:
(Text which is to be deleted is indicated as s#&ken. Text which is to be added is
I indicated as bo/d 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
~
thousand , ; PIUS
thousandki , ,
, ; plus
thousand , .
a. Nof more than forty six (46) square feet of gross residential
f/oor area (GRFA) for each one hundred (100) square feet of
the firsf ten fhousand (10,000) square feef of site area; p/us
b. Thirty eight (38) square feet of gross residentia/ f/oor area
(GRFA) for each one hundred (100) square feet of site area
over ten thousand (10,000) square feet, not exceeding rifteen
thousand (15,000) square feet of sife area; p/us
c. Thirfeen (13) square feet of gross residentia/ floor area
(GRFA) for each one hundred (100) square feef of site area
over fiffeen thousand (15,000) square feet, not exceeding
• thirty thousand (30,000) square feet of site area; p/us
d. Six (6) square feet of gross residenfia/ floor area (GRFA) for
each one hundred (100) square feet of site area in excess of
thirty thousand (30,000) square feet.
. ,
dHnreNiag-un+t,
Section S. 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 stfis{cen. Text which is to be added is
indicated as bo/d 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 5
•
thousand , ; plus
thousand , ,
, ; plus
thousand , .
a. Not more than forty six (46) square feet of gross residential
f/oor area (GRFA) for each one hundred (100) square feet of
the rirsf ten thousand (10,000) square feet of sife area; p/us
b. Thirfy eight (38) square feef 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 rifteen
thousand (15,000) square feet of site area; p/us
c. Thirteen (13) square feef of gross residential f/oor area
(GRFA) for each one hundred (100) square feet of site area
over rifteen thousand (15,000) square feet, nof exceeding
• thirfy thousand (30,000) square feet of site area; plus
d. Six (6) square feet of gross residentia/ f/oor area (GRFA) for
each one hundred (900) square feet of site area in excess of
thirty thousand (30,000) square feet.
. ,
r#Nre1{+ng unit,
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 stfiGkeF?. Text which is to be added is
indicated as bo/d italics.)
A
. Gross Residential Floor Area:
, that
~
Ordinance No. 14, Series of 2004 6
• dwelling Not more than thirty six (36) square feet of gross
residentia/ f/oor area (GRFA) shall be permitted for each one
hundred (100) square feet of buildab/e site area. Totai 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 StiskeA. Text which is to be added is
indicated as bo/d italics.)
A. Gross Residential Floor Area:
; pFaveded, heweveF, that
• dwellong 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 buildab/e 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 s#FaskeFi. Text which is to be added is
indicated as bo/d italics.)
A.
; , hGweY9F, that
Nof more than fiffy six (56) square feet of
• gross residentia/ floor area (GRFA) shall be permitfed 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 stFisken. Text which is to be added is
indicated as bo/d italics.)
. 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 buildab/e 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 alfowable 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 6tF+Gken. Text which is to be added is
indicated as bold italics.)
Use Parkina ReQUirement
, .
,
Ordinance No. 14, Series of 2004 8
• Sing/e-Family and /f a dwelling unit's gross residential f/oor
Two-Family Dwellings area is /ess than 2,000 square feet: 2 spaces
If a dwelling unit's gross residentia/ floor area is
2,000 square feet or more, but /ess than 41000
square feet: 3 spaces
If a dwelling unit's gross residentia/ floor area is
4,000 square feet or more, but /ess than 5,500
square feet: 4 spaces
If a dwelling unit's gross residentia/ floor area is
5,500 square feet or more: 5 spaces
Mu/tip/e-Family /f a dwelling unit's gross residential f/oor
Dwellinqs area is 500 square feet or /ess: 1.5 spaces
If a dwel/ing unit's gross residentia/ f/oor area is
more than 500 square, but /ess 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 s#FoGken. Text which is to be added is
indicated as bo/d italics.)
EHU Additional GRFA
Type I The EHU is entit(ed to an additional SAA 550 sq. ft.
' TYPe 11 The EHU is entitled to an additional SA8 550 sq. ft
Section 12. Section 12-15-2 (GRFA REQUIREMENTS BY ZONE DISTRICT) of the
Vail Town Code shall be repealed and hereby re-enacted as follows:
Zone Districts GRFA Ratio GRFA Credits (Added to results of
a lication of ercenta e
•
Ordinance No. 14, Series of 2004 9
• Hillside Residential .43 of site <_10,000 sq. ft., plus None
(HR) .25 of site area>10,000 and <_22,000 sq. ft., plus
.07 of site area >22,000 sq. ft.
Single-Family .40 of site area s10,000 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., 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
a roval
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 an site
Arterial Business .60 of buildable area None
(ABD)
Heavy Service (HS) None permitted None
Lionshead Mixed 2.5 of buildable area None
Use 1 (LMU-1)
2.5 of buildable area
Lionshead Mixed None
Use 2 (LMU-2)
Agriculture and 2,000 sq. ft. None
Open Space (A)
Outdoor Recreation None permitted None
(OR)
• Parking (P) None permitted None
General Use (GU) Per Planning and Environmental Commission None
a roval
Naturat Area None permitted None
Preservation (NAP)
Ski Base/Recreation Per Town Council approval None
(SBR)
S ecial Per underl in zorn'
p n or er develo ment I n
y g g p p p a 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:
• 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
finro (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
(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 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.
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 befow 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 flooNceiling 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
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 wili be necessary that a structural element (i.e.,
coliar-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 levei 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
surtace area shall be measured from the finished floor
elevation of that level to the underside of the structural floor
members of the flooNceiling 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 befinreen the posts shall be measured from
. the outer surface of the post.
Ordinance No. 14, Series of 2004 17
i
• 10. All or part of an air lock within an accommodation or
dwelling unit not exceeding a maximum of twenty five (25)
square feet, providing such unit has direct access to the
outdoors.
2. Additional Calculation Provisions:
a. Common Interior Party Walls: Where more than one dwelling unit
exists within a single structure, GRFA shall be measured for each
dwelling unit from the center of common interior party walls to the
outside face of the sheathing of the exterior walls.
b. Greenhouse Windows: Greenhouse windows (self-supporting
windows) shall not be counted as GRFA. "Greenhouse windows" are
defined according to the following criteria:
1. Distance Above Inside Floor Level: In orderfor a windowto
be considered a greenhouse window, a minimum distance of
thirty six inches (36") must be provided between the bottom of
the window and the floor surface, as measured on the inside
face of the building wall. (Floor surface shall not include steps
necessary to meet building code egress requirements.) The
thi six inch 36"
rty minimum was chosen because it I
( ) ocates
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 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 1$
I
• side windows wouid bring the overall window area to
approximately forty four (44) square feet.
5. Quantity: Up to finro (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-ceiiing 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 (SFRj, 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 alt
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 finro (2) or fewer dwelling units, the
following areas shall be excluded from calculation as GRFA.
' GRFA shall be calculated by measuring the total square footage of
a building as set forth in the definition above. Excluded areas as
set forth herein, shall then be deducted from total square footage:
1. Enclosed garages of up to three hundred (300) square
feet per vehicle space not exceeding a maximum of two (2)
spaces for each allowable dwelling unit permitted by this
title.
2. Attic space with a ceiling height of five feet (5) or less,
as measured from the top side of the structural members of
the floor to the underside of the structural members of the
roof directly above. Attic area created by construction of a
~ roof with truss-type members will be excluded from
calculation as GRFA, provided the trusses are spaced no
greater than thirty inches (30") apart.
• 3. Crawlspaces accessible through an opening not greater
Ordinance No. 14, Series of 2004 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 finro (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.
(fl 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
i
.
.
• 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
finrenty 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 surtace af the post.
• 2. Additional Calculation Provisions:
a. Walls: Interior walls are included in GRFA calculations. For finro-
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 (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 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 s#Fisken. Text which is to be added is
indicated as bo/d italics.)
B. Applicability: Wifhin all zone districts except the Sing/e-Family Residential (SFR),
Two-Family Residential (R), and Two-Family Primary/Secondary Residential (PS)
Districts, &ngle ' , ' , iFnaFy/aeGeRdaFy OF MU'to famidwelling units that Nye 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 stFislEeri. Text which is to be added is
indicated as bo/d 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 finro hundred fifty (250) sqware
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 finro 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 sha/l app/y to dwelling units in all
zone districts except the Sing/e-Family Residentia! (SFR), Two-Family Residential
(R), and Two-Family Primary/Secondary Residential (PS) Districts.
CB. Single-Family Dwellings And Two-Family Dwellings in zone districts other than
the Sing/e-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-famify or two-family dwelling unit shaii 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.
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 enciosed 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 finro-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 finro-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 finro-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 haII
, s 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 additiona! GRFA.
Ordinance No. 14, Series of 2004 25
I _ _ -
• 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 C. 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 surtace 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.
E B. 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 fotlows:
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
• b. Applications for GRFA additions involvin exterior chan es to a buildin
9 9 9
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 shaN 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 (BUtLDING MATERIALS AND DESIGN) 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 bo/d italics.)
12. Building footings and foundations shall be designed in accordance with
the minimum standards of the adopted building code. Footfngs and
foundations shall a/so be designed fo be responsive to the natural topography
of fhe site, and shaU be designed and constructed in such a manner as to
minimize the necessary amount of excavation and site disfurbance.
Section 18. If an artsection subs
y p , , ection, 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
I
~ 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 I
phrases be declared invalid. I
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
i 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
I~ 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 6th day of June, 2004 and a public
hearing for second reading of this Ordinance set for the 20th day of July, 2004, in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
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Ordinance No. 14, Series of 2004 29
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ATTEST: OF f~ er, M or
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Lor lei Donaidson, Town Clerk ~
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READ AND APPROVED ON SECOND READING AND ORDERED PUBLlSHED this; b day
of , 2004.
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Rod Slifer, May
ATTEST:
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rel i Donald on, Town Clerk A: ;
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Ordinance No. 14, Series of 2004 30
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962
PROOF OF PUBLICATION
STATE OF COLORADO }
} SS.
COUNTY OF EAGLE }
I, Robert Brown, do solemnly swear that I am a qualified representaUve of the Vail Daily. That the same
Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and
has a general circulation therein; that said newspaper has been published continuously and
uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior
to the first publication of the annexed legal notice or advertisement and that said newspaper has
published the requested legal notice and advertisement as requested.
The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating ander
Colorado's Home Rule provision.
That the annexed legal notice or advertisement was published in the regular and entire issue of every
number of said daity newspaper for the period of 1 consecutive insertions; and that the first publication of
said notice was in the issue of said newspaper dated July 24 A.D. 2004 and that the last publication of
said notice was in the issue of said newspaper dated July 24 A.D. 2004.
In witness whereof has here unto set my hand this 27th day of July, 2004. '
I
7~ i
~
Publisher/General Manager/Editor i
Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this I
27th day of July, 2004. "
'I
'~P;FtY P(!e~ ~
_0' Pamela Joan Sc 1
• • Notary Public
: PAMELA J. ;
; SCHULTZ ; My Commission expires: November 1, 2007
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The Daily Classifieds 970.845.9937 / vaildaily com Saturdav, July 24, 2004 - Page C29
ORDINANCE NO. 14
° Series of 2004
AN ORDINANCE AMENDING T(TlE 12 (ZONING REGULATIONS), VAIL TOWN CODE, TO AMEND THE GROSS RESIDENTIAL FLOOR AREA (GRFA) REGULATIONS IN THE HILLSIDE RESI-
DENTIAL (HR), SINGLE-FAMILY RESIDENTIAL (SFR),11N0-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 HOUSlNG (H) DISTRICTS AND SETTING FORTH DETAILS IN
REGARDS THERETO.
WHEREAS, the Planning and Environmental Commission of the Town of Vail has heid pubiic 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 rec-
ommendation 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 poticies outlined in the Vail Comprehensive
Plan and is compatibie 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 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 sH+skera. Text which is to be added is indicated as bold ita/ics.)
BASEMENT For the purposes of calculating gross residential floor area (GRFA): on the lowest level of a structure, the total percentage of exterior wafl 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 calcWation. The per-
centage deduction calculations shall be rounded to nearest whole percent. The lowest leve!'s exterior wall surface area shall be measured from fhe /Inished floor e/evation of that
- level to the underside of the structural floor members of the NooNceiling assembly above. For the purposes of these calculations, retaining walls and site walls shall not be con-
sidered part of the lowest level s exterior walls.
FLOOR AREA, GROSS RESIDENTlAL (GRFA): , 095 Wal'S (d.8., 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 totai 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
sheathfrtg 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 ba(cony or deck shall
not be deemed a roof or covering for the lower balcony, deck or walkway. In addition to the above, buiiding area shall also include any portion of a roof overhang, eaves, or covered stair, cov-
ered deck, covered porch, covered terrace or covered patio that extends more than four feet (4') from the exterior face of the perimeter buildiPg walls or supporting columns.
Section 2. Section 12-6A-8B (Hillside Residential District, Density Controp of the Vail Town Code shall hereby be amended as follows:
(Text which is to be deleted is indicated as stp+ekera. Text which is to be added is indicated as bo/d italies.)
B. Gross Residential Floor Area:
1. The foilowing gross residential floor area (GRFA) shall be permitted on each site: