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Home My WebLink About2011-25 GRFA amendments to lower level garage spacesORDINANCE NO. 25 Series of 2011 AN ORDINANCE AMENDING CHAPTER 12 -15, GROSS RESIDENTIAL FLOOR AREA, VAIL TOWN CODE, PURSUANT TO SECTION 12 -3 -7, AMENDMENT, VAIL TOWN CODE, RELATED TO THE CALCULATION OF GROSS RESIDENTIAL FLOOR AREA (GRFA) WHEN THE BASEMENT LEVEL OF A STRUCTURE INCLUDES A GARAGE OR EMPLOYEE HOUSING UNIT (EHU) IN THE HILLSIDE RESIDENTIAL, SINGLE - FAMILY RESIDENTIAL, TWO- FAMILY RESIDENTIAL, AND TWO- FAMILY PRIMARY /SECONDARY RESIDENTIAL, RESIDENTIAL CLUSTER, LOW DENSITY MULTIPLE - FAMILY, MEDIUM DENSITY RESIDENTIAL, HIGH DENSITY MULTIPLE - FAMILY, AND HOUSING DISTRICTS AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter "); and, WHEREAS, the members of the Vail Town Council of the Town (the "Council') have been duly elected and qualified; and, WHEREAS, the purpose of the proposed amendments is to create consistency and equity in the calculation of gross residential floor area between residential dwellings with, and residential dwellings without, garages or employee housing units on the lowest level of the structure; and, WHEREAS, the Planning and Environmental Commission (the "PEC ") of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code; and, WHEREAS, the Planning and Environmental Commission of the Town of Vail recommended approval of these amendments at its October 24, 2011 public hearing, and has submitted its recommendation to the Vail Town Council; and, WHEREAS, the Council finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and, WHEREAS, the Council finds that the proposed amendments further the general and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and, WHEREAS, the Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated Ordinance No. 25, Series 2011 Page 1 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- 15- 3 -A -1, Definitions Enumerated, Vail Town Code, (in part) is hereby amended as follows (text to be deleted is in 6tFik8thFeW9h, text that is to be added is bold, and sections of text that are not amended have been omitted): 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 each be deducted from the total square footage. Section 2. Section 12- 15- 3 -A -1, Definitions Enumerated, Vail Town Code, (in part) is hereby amended as follows (text to be deleted is in stfikethfeUgh, text that is to be added is bold, and sections of text that are not amended have been omitted): (6) Basements: On the lowest level of a structure, the total percentage of all exterior wall surfaces of the structure as a whole (interior party walls are not considered exterior walls for the purposes of this section) that are unexposed and below existing or finished 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 leveler 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. The deduction shall be applied to all horizontal areas on the lowest level of a structure, including garages and employee housing units also deducted from the calculation of GRFA elsewhere in this title; but the deduction does not apply to any crawlspace or attic. Section 3. Section Section 12- 15- 3 -B -1, Definitions Enumerated, Vail Town Code, (in part) is hereby amended as follows (text to be deleted is in stf+le thFeugh, text that is to be added is bold, and sections of text that are not amended have been omitted): 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 Ordinance No. 25, Series 2011 Page 2 each be deducted from the total square footage. Section 4. Section Section 12- 15- 3 -B -1, Definitions Enumerated, Vail Town Code, (in part) is hereby amended as follows (text to be deleted is in stF+kethmugI4, text that is to be added is bold, and sections of text that are not amended have been omitted): (6) Basements: On the lowest level of a structure, the total percentage of all exterior wall surfaces of the structure as a whole (interior party walls are not considered exterior walls for the purposes of this section) that are unexposed and below existing or finished 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. The deduction shall be applied to all horizontal areas on the lowest level of a structure, including garages and employee housing units also deducted from the calculation of GRFA elsewhere in this title; but the deduction does not apply to any crawlspace or attic. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. 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 7. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Ordinance No. 25, Series 2011 Page 3 Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of December, 2011 and a public hearing for second reading of this Ordinance set for the 20 day of December, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. 4 , F VA /4 rew P. Daly, ATTE T: .•• '•.• O' y • or ei Donaldson, Town Clerk •• •••••• • AYE INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 20 day of December, 2011. Andrew P. Daly, May ATTEST: n EA or ei Donaldson, Town Clerk Ordinance No. 25, Series 2011 Page 4