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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. • Ordinance No. 14, Series of 2004 29 • ATTEST: OF f~ er, M or ~_.,,......1 s~: o; : . . . . p, . Lor lei Donaidson, Town Clerk ~ " C01. READ AND APPROVED ON SECOND READING AND ORDERED PUBLlSHED this; b day of , 2004. i~ - 'T , -a " i ~1' Rod Slifer, May ATTEST: . O~N~OF V . : ; ~ ' •~i SEAL ~ rel i Donald on, Town Clerk A: ; . : c ' °t o~.a° • Ordinance No. 14, Series of 2004 30 0 • . R 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 ~9j~•~•....••'•. OF CC1~ ~ • • y 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: