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HomeMy WebLinkAbout1994-17 Amending Section 18.04.130 - Floor Area Gross Residential (GRFA), Allowing Common Area within Multi-Family Buildings to be Used for Employee Housing and Setting Forth Details in Regard Thereto ~.. ~ ~ ~ ORDINANCE NO. 17 Series of 1994 AN ORDINANCE AMENDING SECTION 18,04.130, FLOOR AREA GROSS RESIDENTIAL (GRFA), ALLOWING COMMON AREA WITHIN MULTI-FAMILY BUILDINGS TO BE USED FOR EMPLOYEE HOUSING AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the availability of housing plays a critical role in creating quality iivirag and working conditions for the community's work force; and, WHEREAS, the Town Council believes that the following amendments will make the definition ofi GRFA and the ability to use common area within multi-family buildings more flexible; and, WHEREAS, the flexibility allowed under the proposed language will provide another incentive far the private sector to provide employee housing; and, WHEREAS, in accordance with Section 18.60.140 the Planning and Environmental Commission had a public hearing on the proposed zoning amendment and has submitted its recommendation to the Town Council. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1 78.04.130 Floor area, grass resldentlal (GRFA)* Gross residential floor area (GRFA} means the total square foatage of all levels of a building, as measured at the inside fiace of the exterior walls (i.e. not including furring, 5heetrock, plaster and other similar wall finishes). GRFA shall include, but not be Ilmited to, elevator shafts and stairwells at each level, lofts, fireplaces, F~~y',?WrliCi~, mechanical chases, vents, and storage areas. Attics, crawl spaces and roofed or covered decks, porches, terraces or patios shah aisa be included in GRFA, unless they meet the provisions of subsections A. or B. below. A. Within buildings containing two or fewer dwelling units, the following areas shall be excluded from calculation as GRFA: Enclosed garages of up to three hundred square feet per vehicle space not exceeding a maximum of two spaces far each allowable dwelling unit permi#ed by the zoning code. 1 ~ ~ 2. Attic space with a ceiling height of fiive feet 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 apart. 3. Crawl spaces accessible through an opening not greater than twelve square feet in area, with five feet or less of ceiling height, as measured firom the surface of the earth to the underside of structural floor members of the floorlceEling assembly above. 4. Roofed or covered deck, porches, terraces, patios or similar features or spaces with no more than three exterior walls and a minimum opening of not less than twenty-five percent 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 #o ceiling with an allowance for a railing of up to three feet in height. GRFA shall be calculated by measuring the total square footage of a building set forth in Section 18.04.130 above. excluded areas as set forth in subsection A, shall then be deducted from to#al square footage. B. Within buildings containing more than two allowable dwellings or accommodation units, the following additional areas shall be excluded from calculation as GRFA: 1. Enclosed garages to accommodate on-site parking requirements. 2. AEI or part of the following spaces, provided such spaces are common spaces and that the total square footage of all the following spaces shall not exceed thirty-five percent of the allowable GRFA permitted on the lot. a. Common hallways, stairways, elevator shafts and airlocks; b. Common lobby areas; c. Common encbsed recreation facilities; d. Common heating, cooling or 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 for the main#enance and operation of such mechanical systems; 2 ~ ~ e. Common closet and storage areas, providing access to such areas is from common hallways only; f. Meeting and convention facilities;- g. Office space, provided such space is used exclusively for the management and operation of on-site facilities. h,, ~`IQar,', ~r~a,, is be -used frt a ~Y I t! ~~ a e #i~, ~mpi~y~e i~l~o~lt'tg: Ur1 it side of the structural members Of the floor to the underside of the structural members of the roof directly above. Attic areas created by construction of a roof with truss-type members will be excluded from calculation as GRFA provided the trusses are spaced no greater than thirty inches apart. 6. Crawl spaces accessible through an opening not greater than twelve square feet in area, with five feet 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. 3 '~ ~ • 7. Roofed or covered decks, porches, terraces, patios or similar features or spaces with no more than three exterior walls and a minimum opening of not less than twenty-five percent 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 in height. GREA shall be calculated by measuring the total square footage of a building as set forth in Section 18.04.130 above. Excluded areas as Set forth in subsection B. shall then be deducted from the total square footage. (Ord. 15 (1991} §1: Ord. 37 {1990) §1: Ord. 41 (19$2) § 1A: Ord. 37(19$0) § 1(part).) *EDITOR'S NOTE: The provisions of this section shall not be effective for any application for development which has been submitted to the department of community development, and accepted by the same, on or before July 1, 1991, unless agreed to by the applicant submitting the application before July 1, 1991. Section 2 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 fac# that any one or mare parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3 The Town Council hereby finds, de#ermines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the ir~naaitants thereof. Section 4 The repeal or the repeal and reenactment of any provision of the Vail Municipal Code 4 ~ ~ ' ~ _~ 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 of by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5 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 flN FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 16th day of August, 1994. A public hearing shall be held hereon on the 6th day of September, 1994, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Merv Lapin, Mayor Pro-Tem ATTEST: `~1~r?'~I~~-- Holly cCutcheon, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED by title only this 6th day of September, 1994. 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