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HomeMy WebLinkAbout2016-10-18 Agenda and Supporting Documentation Town Council Regular Meeting AgendaVAIL TOWN COUNCIL REGULAR MEETING Evening Agenda TOWN Of VAIL' Town Council Chambers 75 South Frontage Road W., Vail, CO 81657 6:00 PM, October 18, 2016 Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1. Citizen Participation 2. Consent Agenda 2.1. Crosswalk Signs Installation Contract Award Presenter(s): Chad Salli,Project Engineer Background: The project includes installation of Rectangular Rapid Flashing Beacons at crosswalks located at the West Vail and Town Center roundabouts, West Lionshead Circle and the mid -block crosswalk at the Municipal Building. Improved lighting is to be installed at the West Lionshead Circle and Municipal Building crosswalks. The project also includes installation of 5 variable speed limit signs between Ford Park and Elkhorn Drive to temporarily reduce the speed limit from 45mph to 25mph during overflow parking on the Frontage Road. The project is scheduled to be completed by November 15, 2016. Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Tri Phase Electric to complete the Pedestrian Crosswalk Signage Project in the amount not to exceed $350,000.00. 3. Town Manager Report 4. Presentations / Discussion 4.1. Parking Update 30 min. Presenter(s): Greg Hall, Public Works Director Action Requested of Council: Provide comment and input on the material presented Background: In August of 2016, the Town Council and Vail Resorts senior leadership agreed to meet with town staff to initiate joint discussions regarding parking to address operations as well as short term and long term outcomes. Today's presentation will be the first in a series of council October 18, 2016 - Page 1 of 1 sessions that will be used to provide the historical background and context to assist Town Council in assessing the town's parking policies and strategies now and into the future. Parking update to include: 1) Previous Town Council agreed upon polices and strategies from 2012; 2) Current and historical parking statistics; and 3) Strategy for use of the Frontage Roads for overflow parking, including agreements with the Colorado Department of Transportation Staff Recommendation: Provide comment and input on the material presented 5. Action Items 5.1. 2016-2017 Winter Parking Program Presenter(s): Greg Hall, Public Works Director Action Requested of Council: Approve, approve with modifications, or direct staff with regard to additional information or modifications. Background: Each year the Vail Town Council approves the winter parking program prior to the start of the winter season. The parking rates and pass prices have remained the same since the 2008-2009 season. The recommendation of the staff is to keep the program the same for this upcoming season. Attached is the proposed brochure for this season. The amount of pressure for this season with regards to construction and some loss of parking at the hospital will be felt in the early part of the season but will be less than last year and beginning in January will be even less demand. Staff Recommendation: Approve the proposed 2016-2017 winter parking program. 10 min 5.2. Resolution No. 30, Series of 2016, Resolution in Support of Ballot Issue 1A 10 min. Affordable Workforce Housing Presenter(s): Chris Romer, Vail Valley Partnership Action Requested of Council: Approve, amend or deny Resolution No. 30, Series of 2016. 5.3. Resolution No. 31, Series of 2016, Resolution in Support of Ballot Issue 1B, 10 min. Supporting Open Space, Rivers, Wildlife, and Trails Presenter(s): Pedro Campos, ECO Trails Board, "Yes on 1 B" Action Requested of Council: Approve, amend or deny Resolution No. 31, Series of 2016. Background: The "Yes on 1 B Open Space, Rivers, & Trails" campaign committee has been formed to promote the passage of Eagle County Ballot Issue 1 B. Pedro Campos, from Yes on 1 B, will address the Vail Town Council to provide an overview of Ballot Issue 1 B, answer your questions, and graciously ask for passage of the Resolution No. 31, Series of 2016, before the Vail Town Council in support of 1 B's passage county wide. 5.4. Ordinance No. 28, Series of 2016, First Reading, Annual Appropriation 30 min. Ordinance: Adopting a Budget and Financial Plan and Making Appropriations to Pay the Costs, Expenses, and Liabilities of the Town of Vail, Colorado, for its Fiscal YEAR January 1, 2017 through December 31, 2017 Presenter(s): Stan Zemler, Town Manager, and Kathleen Halloran, Finance Director Action Requested of Council: Approve, approve with amendments or deny October 18, 2016 - Page 2 of 1 Ordinance No. 28, Series of 2016 on first reading. Background: It is necessary for the Town Council to adopt a budget and financial plan for the 2017 fiscal year, to make appropriations for the amounts specified in the budget. 5.5. Ordinance No. 29, Series of 2016, First Reading, An Ordinance Amending 10 min. Chapter 2 of Title 7 of the Vail Town Code by the Addition of a New Section 7-213-3, to Require Possession of a Valid License or Permit While Operating a Motor Vehicle Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, amend or deny Ordinance No. 29, Series of 2016 upon first reading. Background: This violation is currently prosecuted in county court. The Town of Vail is empowered to adopt municipal traffic regulations that reasonably promote the public, health, safety, and general welfare of its citizens. Ordinance No. 29, Series of 2016 will allow these violations to be prosecuted in municipal court. 5.6. Ordinance No. 30, Series of 2016, First Reading, An Ordinance Amending 10 min Section 1-9-8 of the Vail Town Code to Increase Court Costs Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, amend or deny Ordinance No. 30, Series of 2016 upon first reading Background: The municipal court costs imposed by Section 1-9-8 of the Vail Town Code have not been amended since 1992. It is necessary to increase court costs to keep pace with the greater administrative and operating expenses associated with operating the municipal court. 5.7. Ordinance No. 31, Series of 2016, First Reading, An Ordinance Amending 10 min. Title 7, Chapter 2, Article A, of the Vail Town Code to Require Seatbelts and to Create a New Traffic Infraction for Violation Thereof Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, amend or deny Ordinance No. 31, Series of 2016 upon first reading. Background: This violation is currently being prosecuted in county court. The Town of Vail is empowered to adopt municipal traffic regulations that reasonably promote the public, health, safety, and general welfare of its citizens. Ordinance No. 31, Series of 2016 will allow these violations to be prosecuted in municipal court. 6. Public Hearings 6.1. Ordinance No. 16, Series of 2016, Second Reading, Gross Residential 15 min. Floor Area, an ordinance for a Prescribed Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-15-3, Definition, Calculations, and Exclusions, Vail Town Code concerning the method for measuring Gross Residential Floor Area (GRFA) within 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), housing (H) and Vail Village Townhouse (WT) districts, and setting forth details in regard thereto (PEC16-0024). Presenter(s): Chris Neubecker, Planning Manager Action Requested of Council: The Vail Town Council shall approve, approve October 18, 2016 - Page 3 of 1 with modifications, or deny Ordinance No. 16, Series of 2016 upon second reading. Background: This is a proposal to clarify the existing policy on Gross Residential Floor Area (GRFA) by modifying the text of Section 12-15-3 Definition, Calculation, and Exclusions, Vail Town Code, relating to how Gross Residential Floor Area (GRFA) is calculated in the following zone districts: 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), housing (H) and Vail Village Townhouse (VVT) districts. The proposed ordinance would clarify that a multi -unit building shall be considered one structure. This is a clarification of an existing policy and existing code language; it is not an application to amend the regulations. Staff Recommendation: The Community Development Department recommends the Vail Town Council approve Ordinance No. 16, Series of 2016 upon second reading, with an amendment by adding a sentence that reads "The lowest level shall be the finished floor level with the lowest U.S.G.S. elevation, including all floor levels within six (6) vertical feet of the lowest level." If the Town Council does not support adding this sentence concerning the six (6) foot step, then the Community Development Department recommends that the Town Council deny this ordinance. 6.2. Ordinance No. 22, Series of 2016, Second Reading, An Ordinance 10 min. Repealing and Reenacting Chapter 4 of Title 5 of the Vail Town Code, Concerning Smoking Presenter(s): Craig Bettis, Commander, Vail Police Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 22, 2016 upon second reading. Background: In 2006, the Colorado legislature passed the Colorado Clean Indoor Air Act, C.R.S. § 25-14-201, et seq. (the "CCIAA"), which provides that a municipality may enact, adopt, and enforce smoking regulations that are no less stringent than state law. The Town Council desires to repeal and reenact Chapter 4 of Title 5 of the Vail Town Code to comply with the CCIAA and to regulate electronic smoking devices. 6.3. Ordinance No. 26, Series of 2016, Second Reading, An ordinance 10 min. amending Sections 12-2: Defninitions and 14-10: Design Review Standards and Guidelines related to the Regulation of Greenhouses and Hoop Houses Presenter(s): Jonathan Spence, Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 26, Series of 2016 upon second reading. Background: It is the intent of the amendment to provide opportunities for residents to participate in growing food or ornamental crops within a minimal regulatory framework while reducing the potential impact on neighboring properties. Staff Recommendation: The Planning and Environmental Commission (PEC) held a public hearing on the proposed Prescribed Regulations Amendment on September 12, 2016 where a recommendation for approval was forwarded to the Vail Town Council by a vote of 4-2 (Stockmar and Gillette opposed). 6.4. Ordinance No. 27, Series of 2016, Second Reading, Code Amendments to 10 min. Sections 12-2: Definitions, 12-11: Design Review, 12-14: Supplemental Regulations, 12-15: Gross Residential Floor Area, 12-16: Conditional Use October 18, 2016 - Page 4 of 1 Permits and 12-17: Variances related to the joint property owner submittal requirement. Presenter(s): Jonathan Spence, Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 27, Series of 2016 upon second reading. Background: It is the intent of the amendment to clarify and codify e)asting standard operating procedures related to joint property owner submittal requirements. Staff Recommendation: The Planning and Environmental Commission (PEC) held a public hearing on the proposed Prescribed Regulations Amendment on September 12, 2016 where a recommendation for approval was forwarded to the Vail Town Council by a vote of 6-0. 7. Adjournment 7.1. Adjournment at 8:50 pm Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vaAgov.com. All town council meetings will be streamed live by High Five Access Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media website the week following meeting day, www.highfivemedia.org. Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48 hour notification dial 711. October 18, 2016 - Page 5 of 1 TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Crosswalk Signs Installation ContractAward PRESENTER(S): Chad Salli,Project Engineer ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to enter into an agreement with Tri Phase Electric to complete the Pedestrian Crosswalk Signage Project. BACKGROUND: The project includes installation of Rectangular Rapid Flashing Beacons at crosswalks located at the West Vail and Town Center roundabouts, West Lionshead Circle and the mid -block crosswalk at the Municipal Building. Improved lighting is to be installed at the West Lionshead Circle and Municipal Building crosswalks. The project also includes installation of 5 variable speed limit signs between Ford Park and Elkhorn Drive to temporarily reduce the speed limit from 45mph to 25mph during overflow parking on the Frontage Road. The project is scheduled to be completed by November 15, 2016. STAFF RECOMMENDATION: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Tri Phase Electric to complete the Pedestrian Crosswalk Signage Project in the amount not to exceed $350,000.00. October 18, 2016 - Page 6 of 1 E TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Parking Update PRESENTER(S): Greg Hall, Public Works Director ACTION REQUESTED OF COUNCIL: Provide comment and input on the material presented BACKGROUND: In August of 2016, the Town Council and Vail Resorts senior leadership agreed to meet with town staff to initiate joint discussions regarding parking to address operations as well as short term and long term outcomes. Today's presentation will be the first in a series of council sessions that will be used to provide the historical background and context to assist Town Council in assessing the town's parking policies and strategies now and into the future. Parking update to include: 1) Previous Town Council agreed upon polices and strategies from 2012; 2) Current and historical parking statistics; and 3) Strategy for use of the Frontage Roads for overflow parking, including agreements with the Colorado Department of Transportation STAFF RECOMMENDATION: Provide comment and input on the material presented ATTACHMENTS: Description Staff Memo Council Memo of 8/21/12 Parking Charts CDOT FRONTAGE ROAD PARKING EXHIBITS October 18, 2016 - Page 7 of 1 E TOWN OF To: From: Date: Subject I. Memorandum Town Council Greg Hall, Stan Zemler October 18, 2016 Parking Update PURPOSE To provide the Town Council with a parking update to include: • Previous Town Council agreed upon polices and strategies from 2012 • Current and historical parking statistics • Strategy for use of the Frontage Roads for overflow parking, including agreements with the Colorado Department of Transportation BACKGROUND Throughout its history, the Town of Vail has been responsible for addressing various parking challenges. As we've learned from the past and present, parking issues are dynamic and change over time. Today's presentation will be the first in a series of council sessions that will be used to provide the historical background and context to assist Town Council in assessing the town's parking policies and strategies now and into the future. Beginning in 2010 and working into 2012, the Town Council conducted various sessions to discuss parking both short and long term. In August of 2012 the final Strategic Parking Plan memo was produced outlining the Town Council's direction on parking. This set Goals, Objectives and Policies as well as strategies both short term and longer term. The memo is attached and will be reviewed outlining the council -directed policies that are currently used by staff to implement parking operations. Highlights of the plan are presented below. In August of 2016, the Town Council and Vail Resorts senior leadership agreed to meet with town staff to initiate joint discussions regarding parking to address operations as well as short term and long term outcomes. October 18, 2016 - Page 8 of 1 E III. 2012 STRATEGIC PARKING PLAN HIGHLIGHTS Current Goals • 15 days of South Frontage Road winter overflow parking • 15 days of South Frontage Road summer overflow parking • Increase the current public supply by 400 spaces based on 2007/2008 season numbers to meet an existing deficit to maintain 15 days of winter overflow parking. o As of 2012, the town and private sector successfully since 2008 have provided additional spaces to reduce the required number in 2012 to a 59 -199 public space deficit. o Today that deficit is at 300 spaces. • Over the next 10 years, some additional spaces are required to meet future demand, which is predicted to be 600 additional spaces above the initial 400 spaces over a 25 year period. • Efficiently manage the current supply of town parking spaces Current Parking Plan Policy Objectives • Service Core Markets o Customers and guests of commercial villages o Skiers o Employees • Manage the Yield — currently peak and non peak periods, as well as the relative value received is only associated with parking passes and only during the winter • Simplify the Product • Design Program so it is Revenue Neutral • Increase Safety Current Parking Plan Guidelines • Strongly encourage the use of transit, carpool ing/van pool • Recover transit enhancement costs through parking • Parking cost increases will be borne by parking • Encourage turnover of short term parking spaces • Pass prices reflect a relative value received based on the daily rate (i.e. season cost is based on 22 weeks at daily rate or discounted daily rate) • Strictly enforce parking violations Additional Parking Goals • Continue management techniques to reduce the need to invest significant capital funds to increase the supply Town of Vail Page 2 October 18, 2016 - Page 9 of 1 E • Reduce the cost of managed parking • Create flexibility in the plan to easily adapt to changing conditions • Efficient use of existing parking supply • Increase the parking supply • Supply may move but don't diminish the total number of spaces available PARKING STRATEGIES 1. Modernization of Town of Vail parking operations to achieve efficiencies and to maximize use of existing parking spaces • What o Modernize technologies to allow prepayment to increase flow and reduce cost of operations Added two pay on foot stations o Provide real time information on parking availability to inform users prior to arriving Provided through Town of Vail and Vail Resorts links o Provide real time parking availability information within the garage levels Was presented to Town Council; however, not funded o Greater use of real time data in parking operations decisions o Automate systems to reduce the cost of parking operations Additional exit gate at Vail Village as well as two exits at Lionshead were automated 2. Secure use of the South Frontage Road for 15 days of both winter and summer use from CDOT and FHWA long term • What o Lease with CDOT sets criteria and lists the following improvements: 1. Vail Town Shops to Vail Valley Drive 2. Vail Valley Drive to Roundabout Restriping 3. Install guardrail and bus stop in West Vail 4. Helipad to Vail Resorts Shop Widening 5. Cascade Crossing Shopping Center to past Cascade Club All improvements were completed by 2014 o Lease will need to be renewed based on the progress of the lease requirements Renewed in 2014 3. At a minimum maintain the current supply of parking spaces • What o Spaces and lots currently used for parking should not be lost or the parking will need to be replaced elsewhere to maintain status quo Parking lost Golden Peak/Ford Park Valet as well as use of Arrabelle spaces for public use 4. Increase the supply of parking Town of Vail Page 3 October 18, 2016 - Page 10 of 1 Vail Resorts • What o Vail Resorts to provide 150-200 spaces as an early action to Ever Vail ■ Define operations of spaces going forward Vail Resorts requested use of $4.3 M to pay for the improvements o Vail Resorts will provide a total of 400 spaces if Ever Vail is constructed Current status: Ever Vail is on hold o Once Ever Vail is built -out, there will be 200 additional spaces above all the development requirements at Ever Vail and 200 additional public parking spaces either at the Lionshead Parking Structure or Ever Vail See above Town of Vail • What o Town of Vail provides additional surface parking spaces previously identified Town constructed 75 spaces on Frontage Road at Safeway o Town of Vail provides additional structured parking spaces previously identified Reviewed, however, based on demand, spaces were not warranted at the time o Town of Vail provides for an increase in additional parking spaces above the Ever Vail spaces provided at the Lionshead Parking Structure when an expansion occurs based on Ever Vail timing Ever Vail on hold o Town of Vail partners with potential projects to expand the availability of parking Initiated with the medical office building municipal project wasn't constructed Private Sector • What o Incentives are provided for participation of the private sector in providing spaces to the general public The Lion has 53 public spaces o Incentives are provided for the development of private sector owned and operated public or semi public parking spaces Requires zoning changes which were not pursued 5. Parking Operation policies should be reflective of both short term and long term strategic goals Use of Parking Task Force previously worked on these issues but was discontinued • What o Ensure maximum use of spaces Both structures are required to fill before overflow situation occurs both winter and summer Town of Vail Page 4 October 18, 2016 - Page 11 of 1 o Encourage carpooling and use of transit which reduces demand During the 2015 winter season, this was encouraged and van pool passes were issued for both construction and hospital employees o If the demand exceeds the supply manage the demand down This is where the situation exists today and should be implemented o If supply exceeds the demand relax the demand but not to the point of exceeding the supply o The parking spaces are in demand by many interests. Balance the use and availability of the spaces to achieve the town's desired outcomes for each user group Do not have the tools to manage in the summer 6. Summer parking management • What o Currently only Ford Park is managed o Difficult to achieve behavior changes on a volunteer basis o Vail Resorts announced Epic Discover Summer programs which will put pressure on the summer demand o Currently summer overflow exceeds winter overflow Little interest to pursue besides this summer 7. Manage Overflow Parking situation • What o Manage overflow when Vail Village and Lionshead Structures fill both winter and summer Ongoing front line meetings with Town of Vail, Vail Resorts and special events o Improve the overflow experience of users Town internal working group and both management and physical improvements suggestions o Limit the extent of overflow supply Can't without restricting parking after the supply is exceeded on the largest days both winter and summer o Determine if additional 3 day or less limited overflow areas are to be established such as west of Donovan Park We are seeing more extreme days each year should be reviewed above 8. Manage the oversize vehicle parking • What o The Lionshead oversize vehicle lot is the only area available for larger vehicles, alternative locations may be needed in the future to accommodate the demand Hasn't been needed without pending project to remove the area Town of Vail Page 5 October 18, 2016 - Page 12 of 1 IV. PARKING STATISTICS AND UTILIZATION OVERVIEW Parking utilization for the last two years is highlighted as follows: Winter 2014-2015 Winter 2015-2016 150 day season 150 day season Number of Days of Overflow 10 29 Number of Days Vail Village Filled 21 42 Number of Days Lionshead Filled 11 29 Total Vail Village Utilization 395,308 381,780 Total Lionshead Utilization 215,528 232,046 Total Number of Cars 610,836 613,826 Largest Day on the Frontage Road 891 969 In the winter Lionshead almost always follows the same number of days as the Frontage Road overflow days. The season was impacted by the construction and loss of hospital spaces in 2015-2016. The staff began to track the summer utilization on a daily basis for 2016. The summer of 2016 was impacted by an increase in construction parking and the loss of a portion of the hospital parking due to construction. Lionshead parking utilization did not follow the winter parking pattern. Summer 2015 Summer 2016 116 days 5/29-9/21 116 days 5/27-9/19 Number of Days of Overflow 21 22 Number of Days Vail Village Filled 24 32 Number of Days Lionshead Filled 22 58 Total Vail Village Utilization 312,854 328,398 Total Lionshead Utilization 210,321 209,980 Total Number of Cars 569,385 588,309 Largest Day on the Frontage Road 1024 957 Town of Vail Page 6 October 18, 2016 - Page 13 of 1 V. VAIL FRONTAGE ROAD AGREEMENT The frontage roads are all within Interstate 70 right of way, thus requiring any use of the roads to fall under the guidelines of the Federal Highway Administration (FHWA). The Colorado Department of Transportation (CDOT) manages the frontage roads for the (FHWA). In 2014, after the Town of Vail completed its commitments to improve safety conditions on various portions of the frontage roads as outlined in an earlier agreement with CDOT, 5 year leases were executed. Attached are the exhibits outlining the various areas allowed for parking. There were three levels of use and the corresponding safety improvements constructed. Up to 3 days minimum improvements 4-30 days required pavement widening 31 plus days required pavement widening and buffer along with sidewalks The improvements opposite Safeway allow for 31 -plus days of parking. (75 spaces) The South Frontage Road Parking from the Town Shops entry to Cascade in the allowed areas on the interstate side of the frontage road allow for 4-30 days of overflow parking. (400 spaces) Frontage Road Parking from Aspen Lane to the Town Shops entry and from Donovan Park to the Conoco Station allows for up to 3 days of parking. (600 spaces) Currently no improvements have been constructed from the West Vail Roundabout to Chamonix on the north frontage road as the town has been in negotiations to take over this portion of road from CDOT. (100 spaces) Improvements are in place on the north frontage road near Middle Creek which allows for 4-30 days; however, it was the Town Council's desire not to use these spaces on a regular basis. VI. NEXT SESSION The next town council session will focus on the following topics: • Review a summary of the various studies conducted with regards to expansion of parking and the previous council direction • Discussion of the $ 4.3 M committed by Vail Resorts for parking expansion and the associated obligations • Parking and Transportation Task Force formation including representation, tasks and timelines VII. ATTACHMENTS a. 2012 Town Council Parking Strategic Plan memo b. Parking Statistics and Utilization Charts c. CDOT Frontage Road Lease Agreement Exhibits Town of Vail Page 7 October 18, 2016 - Page 14 of 1 Town of Vail Page 8 October 18, 2016 - Page 15 of 1 TOWN OF Memorandum To: Town Council From: Greg Hall, Stan Zemler Date: August 21, 2012 Subject: Strategic Parking Plan Update I. PURPOSE To provide a 10 year plan for public parking in the Town of Vail and develop strategies to achieve Councils goals related to parking. II. BACKGROUND The Town of Vail during its history has been required to deal with parking issues and today is no different than in the past. Parking issues are dynamic and change overtime. The following is the wrap up of the previous parking discussions and a plan which provides steps moving forward to address the issues. Current Goals • 15 days of South Frontage Road winter overflow parking • 15 days of South Frontage Road summer overflow parking • Increase the current supply by 400 spaces based on 2007/2008 season numbers to meet an existing deficit to maintain 15 days of winter overflow parking. o The Town and private sector have successfully since this time provided additional spaces to reduce the required number today to a 59 -199 space deficit, see attachment for further detail. • Over the next 10 years, some additional spaces are required to meet future demand, which was predicted to be 600 additional spaces over a 25 year period. • Efficiently manage the current supply of town parking spaces Current Parking Plan Policy Objectives • Service to Core Markets o Customers and guests of commercial villages o Skiers October 18, 2016 - Page 16 of 1 o Employees • Manage the Yield —currently the peak and non peak periods as well as cost to benefits are only associated with passes • Simplify the Product • Design Program so it is Revenue Neutral • Increase Safety Current Parking Plan Guidelines — Strongly encourage the use of transit, carpool ing/vanpool — Recover transit enhancement costs through parking Parking cost increases will be borne by parking Encourage turnover of short term parking spaces — Pass prices reflect a relative value received based on the daily rate (i.e. season cost is based on 22 weeks at daily rate or discounted daily rate) — Strictly enforce parking violations Are the goals, policies and guidelines aligned moving into the future? III. PARKING ISSUE DISCUSSION Defining the parking problem and what solutions or improvements are needed The Town Council over the years has identified various issues, affirmation of the issues is important in order to prioritize desired outcomes. Some issues have been clearly stated such as: • Limit any overflow of frontage road parking to less than 15 days in both winter and summer • Shortage of existing inventory • Running efficient parking operations from both a cost as well as utilization standpoint Other issues staff would like additional direction on: • Desire to phase out the use of north frontage road parking • Provide availability of additional close in structured parking for guests • Limit the extent (volume) of the large overflow parking surges • Summer overflow parking demand now exceeds winter Town of Vail Page 2 October 18, 2016 - Page 17 of 1 IV. While other issues are inherent in discussing parking, these issues need to be understood regarding trade offs and timing: • Predictability of the parking demands earlier to address the readiness of operations • Cost of providing parking inventory is expensive and requires land as well • Difficult to quickly and easily produce increased parking supply • Flexible operational goals/policies need to change from time to time • Trying to satisfy various users, with varying desires of parking location and price during the day, season and year. Proposed Additional Parking Goals • Continue management techniques to reduce the need to invest significant capital funds to increase the supply • Reduce the cost of managed parking • Create flexibility in the plan to easily adapt to changing conditions • Efficient use of existing parking supply • Increase the parking supply • Supply may move but don't diminish the total number of spaces available PARKING SUPPLY DISCUSSION Current Conditions Today the town of Vail owns and operates 2700 parking spaces as outlined in the attached parking space chart. There are also 524 paid privately owned and operated public spaces. Many of which have been added in the past several years, with a great majority being used in an interim basis. There are also a variety of locations with free varying time availability spaces known to workers and visitors throughout town which equals 482. The total number of paid and free public parking spaces is 3706 spaces. In addition, there has been the creation of 350 private parking or private club spaces which has reduced some burden on the public spaces. See attachment for additional detail. Town of Vail Page 3 October 18, 2016 - Page 18 of 1 Supply goal The Town of Vail has a current deficit of 59 -199 spaces today, again see attachment for detailed explanation. In addition to the current deficit of 59-199 spaces, in the next ten years the town should pursue 200-300 additional spaces to meet the town's long term goals for future growth as well as the long term unreliability of some of the private sector public spaces. The total town goal would be to pursue 259-499 spaces assuming the current public supply is maintained. Potential Opportunities to Increase the Parking Supply 1. Maintain the current use of CDOT South Frontage Road overflow spaces -- reducing the number would require making up the shortfall elsewhere at a significant increased cost. Cost as budgeted $480,000 for 2012 and $212,000 in 2014. 2. Ever Vail 150-200 early action spaces — this could provide a significant addition to the parking supply in 2013. Cost to the Town $0. 3. Ever Vail 400 publicexpanded spaces when development is complete -- this provides significant additional structured spaces in the future. Cost to the town $0 at Ever Vail, some incremental costs if constructed at the Lionhead Structure, however far less than the cost per space without Vail Resorts contribution. The difference in cost could be offset at the time by the $ 4.3 M Vail Resorts commitment. 4. Maintain the supply of parking on the North Frontage Road — trading the location of these spaces to another location could hurt the goal of in increasing the total supply, These spaces are relatively inexpensive compared to other alternatives. ■ NFR west of WV Roundabout o CDOT retains ownership of the road $ 20,188/space o Town of Vail takes over ownership of the road $ 555/space and annual maintenance costs ■ Safeway $ 9,057/space ■ Middle Creek $ 24,393/space 5. Town of Vail provides additional surface spaces Ford Park and South Frontage Road previously identified — there are issues with many of the locations Town of Vail Page 4 October 18, 2016 - Page 19 of 1 identified, the locations are not as desirable as close in structured spaces however the cost per space is more reasonable than structured spaces. Cost range is $ 35,000-$62,000/space 6. Town of Vail provides additional Lionshead structured spaces as previously identified — undertaking this task as only a Town of Vail project is undesirable compared to working in cooperation with other opportunities as the town has done in the past. Cost range is $90.000-$125,000/space. 7. Provide incentives to the private sector to offer current available spaces for use to the general public through code amendments or potential financial incentives backed by the Town of Vail, Vail Resorts or other parties — this can be accomplished if the economics and conditions exist to work out for all parties, may not be sustainable as a long term solution as the private sector may back out at a future date if not properly secured, issues do develop concerning general public confusion regarding expectations on operating rules and pricing Cost per space could be $0 to the Town of Vail, to some annual cost per space offset. 8. Provide development incentives to construct new privately operated public parking spaces — this can be accomplished if the economics and conditions exist to work for all parties, this can be established as a long term solution, issues do develop concerning general public confusion regarding expectations on operating rules and pricing. Cost per space is $0 to the Town of Vail 9. Aggressively manage the parking demand to free up spaces being occupied by users who may shift transportation modes or travel patterns — actions are sometimes seen as punitive and come across as favoring different user groups over other user groups. Incentives are harder to manage and require necessary accounting controls. Cost to the Town is little capital investment, however usually some additional operating costs. The true cost is in potential customer dissatisfaction. V. DISCUSSION OF PARKING STRATETIGIES 1. Modernization of Town of Vail parking operations to achieve efficiencies and to maximize use of existing parking spaces • What o Modern technologies to allow prepayment to increase flow and reduce cost of operations Town of Vail Page 5 October 18, 2016 - Page 20 of 1 o Real time information on parking availability to inform users prior to arriving o Real time parking availability information within the garage levels o Greater use of real time data in parking operations decisions o Automated systems to reduce the cost of parking operations • How o implement the use of parking operation experts in state of the art of operations/efficiencies and technologies ■ Bring on board in order to observe the 2012-2013 winter operations ■ Establish the desired goals and agree on outcomes ■ propose alternatives which meet the desired goals ■ review alternatives and provide recommendations during 2013 ■ If any additional data or test are needed to take place during 2013-2014 season ■ procure equipment and changes from desired vendors for installation summer 2014 • When o Replacement of equipment is budgeted in 2014. Replacement would be operational in November 2014 2. Secure use of the South Frontage Road for 15 days of both winter and summer use from CDOT and FHWA long term • What/when o a) Lease with CDOT sets criteria and lists the following improvements 2012 o b) Vail Town Shop to Vail Valley Drive Widening to meet criteria 2011 o c) Vail Valley Drive to Roundabout Restriping to meet criteria 2012 o d) Install guardrail and bus stop in west Vail 2012 o e) Helipad to Vail Resorts Shop Widening to meet criteria 2012 of) Cascade Crossing Shopping Center to past Cascade Club widening to meet criteria 2014 • How o a) , b) and c) complete Town of Vail Page 6 October 18, 2016 - Page 21 of 1 o d)150,000 budgeted project designed and reviewed by CDOT bids being solicited construction fall o e) $480,000 budgeted project designed and CDOT reviewing bids being solicited construction this fall o f) $218,000 budgeted project in 2013, but will be shifted to 2014 to coincide with the CDOT lease will be designed in 2013 o Lease will need to be renewed based on the progress of the lease requirements 3. At a minimum maintain the current supply of parking spaces • What o Spaces and lots currently used for parking should not be lost or the parking will need to be replaced elsewhere to maintain status quo • How o Ensure parking spaces are not lost after projects are completed ■ Golf course will increase parking ■ Municipal Building will increase parking ■ Vail Resorts will employee parking spaces will be at no net loss ■ Ford Park will maintain the number of parking spaces ■ North Frontage Road parking spaces remain in the mix • When o When projects develop o As required per the CDOT lease timelines 4. Increase the supply of parking Vail Resorts • What o Vail Resorts to provide 150-200 spaces as an early action to Ever Vail ■ Define operations of spaces going forward o Vail Resorts will provide a total of 400 spaces if Ever Vail is constructed o Once Ever Vail is built out there will be 200 additional spaces above all the development requirements at Ever Vail and 200 Town of Vail Page 7 October 18, 2016 - Page 22 of 1 additional public parking spaces either at the Lionshead Parking Structure or Ever Vail • How o Negotiate with Vail Resorts regarding Ever Vail public parking requirement ■ To provide early action spaces ■ Provide 200 spaces in the first phase of Ever Vail at Ever Vail ■ Final 200 spaces at Ever Vail to be funded by Vail Resorts or 200 spaces at Lionshead Parking Structure to be funded by Vail Resorts at the value equivalent of Vail Resorts providing the spaces at Ever Vail o Plan and design an expansion of the Lionshead Parking Structure • When o Early action spaces will be in use for 2013-2014 winter season o Additional 200 will be built with the first phase of Ever Vail o Final 200 spaces will be built at Lionshead Parking Structure or Ever Vail once the early action spaces are eliminated or when the final phases of Ever Vail begins Town of Vail • What o Town of Vail provides additional surface parking spaces previously identified o Town of Vail provides additional structured parking spaces previously identified o Town of Vail provides for and increase in additional parking spaces above the of Ever Vail spaces provided at the Lionshead Parking Structure when an expansion occurs based on Ever Vail timing o Town of Vail partners with potential projects to expand the availability of parking Private Sector • What o Incentives are provided for participation of the private sector in providing spaces to the general public o Incentives are provided for the development of private sector owned and operated public or semi public parking spaces • How Town of Vail Page 8 October 18, 2016 - Page 23 of 1 o Town of Vail provides code amendments with potential incentives for both short term use and long term development of private spaces o Town of Vail and others may offer financial incentives for use of the spaces o Town of Vail and others may lease the use of spaces for shorter term situations 5. Parking Operation policies should be reflective of both short term and long term strategic goals • What o Ensure maximum use of spaces o Encourage carpooling and use of transit which reduces demand o If the demand exceeds the supply manage the demand down o If supply exceeds the demand relax the demand but not to the point of exceeding the supply o The parking spaces are in demand by many interests balance the use and availability of the spaces to achieve the town's desired outcomes for each user group • How o Set polices to align to achieve the desired results in the short term, as well ensuring the policies are in alignment with long term strategies • When o Annually 6. Summer parking management • What o Currently only Ford Park is managed o Difficult to achieve behavior changes on a volunteer basis o Vail Resorts announced Epic Discover Summer programs which will put pressure on the summer demand o Currently summer overflow exceeds winter overflow • How o Discuss management strategies and have staff provide management options for consideration o Decide what management strategies to implement • When Town of Vail Page 9 October 18, 2016 - Page 24 of 1 o In review of the Epic Discover program or sooner if demand continues to exceed supply 7. Manage Overflow Parking situation • What o Manage of overflow when village and Lionshead Structures fill both winter and summer o Improve the overflow experience of users o Limit the extent of overflow supply o Determine if additional 3 day or less limited overflow areas are to be established such as west of Donovan Park • How o New equipment and improvements o Develop the limits of the overflow areas in accordance to CDOT standards o Enforce overflow if the limits are exceeded o Inform Vail Resorts of the limitations and restrictions of the 3 days or less per year overflow areas established • When o CDOT required improvements in place 2012 in front of Lionshead o Wayfinding improvements in place in 2013 o Equipment improved in 2014 o CDOT 3 day or less limited overflow areas completed from Golf Course Bridge to Aspen Lane 8. Manage the oversize vehicle parking • What o The Lionshead oversize vehicle lot is the only area available for larger vehicles, alternative locations may be needed in the future to accommodate the demand • How 02011/2012 implemented a charge for non charter bus users which decreased the demand o Utilize the new Lionshead Transit Center for charter bus pick up /drop off and park the buses in designated areas in the West Vail(Safeway area) for the day Town of Vail Page 10 October 18, 2016 - Page 25 of 1 o During special events in Lionshead allow overflow of oversize vehicles to park in the south frontage road parking lane by permit similar to the Vail Farmers Market o Town of Vail Construction parking be accommodated at the public works shop o Town of Vail special event vehicles be accommodated at the public works shop o Private sector construction vehicles will need to find alternative parking o Develop pull off lane in front of the Vail Village parking garage to handle oversized vehicles • When o When the demand exceeds the supply o When more desired uses of parking lot space necessitates the relocation of the oversize vehicles VI. STAFF RECOMMENDATIONS Direct staff to finalize the parking strategies above based on the council discussion and input as part of the Town of Vail Parking Strategic Plan and prepare for adoption at an evening meeting. VII. ATTACHMENTS a. Town of Vail Public Parking Chart b. 2007/2008 400 parking space requirement reconciliation to 2012 current parking space requirement Town of Vail Page 11 October 18, 2016 - Page 26 of 1 co Q D O R, w m z BE 120 1986 - 2016 WINTER PARKING STATS 2,000,000 1,800,000 -DAYS VAIL VILLAGE STRUCTURE FILLS I - DAYS ON FRONTAGE ROAD �- 15 DAYS ON FRONTAGE ROAD ALLOWED BY TOWN POLICY October 18, 2016 - Page 27 of 157 450000 400000 350000 300000 250000 Historical Transactions 200000 150000 100000 50000 0 89-90 90-91 91-92 92-93 93-94 94-95 95-96 96-97 97-98 98-99 99-00 00-01 01-02 02-03 03-04 04-05 05-06 06-07 07-08 08-09 09-10 10-11 11-12 12-13 13-14 14-15 15-16 Ski Season October 18, 2016 - Page 28 of 157 Vail Village Transactions LionsHead Transactions Attachment A Parking Stats 2015-2016 Village Structure Filled South Frontage Road Car Counts (highest to lowest) 2000-2001 Frontage Road Parking 2003-2004* 2004-2005* 2005-2006 2006-2007 2007-2008** 2008-2009 # 2009-2010 2010-2011 2011-2012 2012-2013 2013-2014 2014-2015 2015-2016 1208 910 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 2013-2014 2014-2015 2015-2016 800 2000-2001 2001-2002 2002-2003 2003-2004* 2004-2005* 2005-2006 2006-2007 2007-2008** 2008-2009 # 2009-2010 2010-2011 2011-2012 2012-2013 2013-2014 2014-2015 2014-2015 November 3 0 6 0 0 4 0 0 0 0 0 0 0 0 0 0 November 3 0 4 0 0 4 0 0 0 0 0 0 0 0 0 0 December 15 11 15 9 5 12 8 5 11 2 1 0 5 4 3 10 December 10 12 6 2 3 4 3 4 5 2 1 0 1 0 1 5 January 17 11 5 12 11 13 13 19 14 10 5 2 2 9 4 11 January 11 10 9 5 7 8 5 14 9 6 2 2 0 4 2 9 Febuary 14 10 15 12 12 15 15 18 9 12 7 3 7 5 8 10 Feburary 9 8 7 5 7 6 8 10 5 6 3 3 6 1 4 6 March 23 23 16 9 13 19 20 25 13 10 2 3 6 7 5 9 March 12 10 8 1 7 8 8 15 4 3 1 3 2 1 3 7 April 2 0 3 1 4 3 2 6 3 4 1 0 2 1 1 2 April 0 0 1 0 3 1 1 5 1 4 0 0 1 0 0 2 Total 74 55 60 43 45 66 58 73 50 38 16 8 22 26 21 42 Total 45 40 35 13 27 31 25 48 24 21 7 8 10 6 10 29 Passes 2001-02 2002-03 2002-03 2003-04 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 2013-2014 2014-2015 2015-2016 Gold 196 181 205 175 178 172 173 243 184 191 125 115 118 120 127 49 Silver 56 54 50 43 27 22 24 27 30 Blue 359 188 309 175 181 199 270 233 283 224 237 211 203 208 227 342 Green 169 195 107 134 146 220 445 107 144 133 143 81 84 158 203 Pink 492 585 415 547 585 690 704 408 480 515 583 481 558 562 629 Value 1700 1935 2348 3660 Meter Meter Meter 928 1030 1533 1840 2089 1030 1378 2211 Eagle County Meter Meter Meter 0 222 653 860 983 694 936 1379 Const/placard 41 159 20 0 118 60 0 Total 2255 2965 3642 872 4700 1143 1512 1701 1964 2459 3299 3779 Pases w/o value 555 1030 1294 872 1040 1143 1512 1701 1036 1207 1113 1079 Total Avg # cars on the road 17882 13217 13679 4545 8741 9879 5666 14672 8518 7975 1675 1949 4401 2814 4256 9678 483 367 456 325 350 341 270 319 355 380 239 278 550 469 473 341 * West Day Lot in Use ** Wendys Lot NFR in Use # Wendys, Donovan and NFR in use October 18, 2016 - Page 29 of 157 South Frontage Road Car Counts (highest to lowest) 2000-2001 2001-2002 2002-2003 2003-2004* 2004-2005* 2005-2006 2006-2007 2007-2008** 2008-2009 # 2009-2010 2010-2011 2011-2012 2012-2013 2013-2014 2014-2015 2015-2016 1208 910 1420 829 1207 891 1001 1070 715 702 393 401 933 1070 891 969 957 800 1073 485 950 596 576 812 688 567 308 392 892 622 767 702 921 781 893 462 717 590 525 751 603 543 274 376 492 498 673 583 787 738 871 459 510 581 442 749 528 534 196 323 456 268 346 511 786 641 768 381 461 580 358 675 501 517 192 179 382 264 326 491 709 609 681 369 459 493 331 673 495 515 183 172 380 92 318 438 707 583 661 320 417 462 295 549 414 481 129 125 372 317 430 705 520 565 300 386 447 282 479 405 467 106 285 215 403 631 472 564 210 325 418 257 451 363 437 111 214 402 10th day 621 424 513 205 323 404 226 417 361 431 98 189 382 615 421 512 181 315 396 214 416 342 390 348 608 406 490 173 287 391 193 410 332 389 342 571 390 410 102 264 349 169 398 327 378 337 558 385 407 69 240 335 168 368 290 320 308 15th day 541 367 381 214 303 132 365 284 289 304 521 364 351 209 299 96 324 275 237 288 500 351 330 200 287 91 324 274 221 270 480 342 321 195 235 82 310 249 180 247 421 308 288 187 235 82 309 245 163 242 418 304 287 169 222 76 294 229 108 236 387 288 275 168 205 70 287 208 106 214 382 280 251 163 184 283 146 206 374 277 235 156 183 281 136 198 349 259 203 115 183 260 108 196 339 249 189 104 164 246 192 321 246 184 158 243 168 304 229 180 139 238 162 287 221 168 95 214 157 282 204 138 54 213 152 30th Day 274 174 70 202 267 165 191 254 134 177 204 114 173 200 113 171 188 98 168 110 50 167 95 163 161 120 120 118 95 Total Avg # cars on the road 17882 13217 13679 4545 8741 9879 5666 14672 8518 7975 1675 1949 4401 2814 4256 9678 483 367 456 325 350 341 270 319 355 380 239 278 550 469 473 341 * West Day Lot in Use ** Wendys Lot NFR in Use # Wendys, Donovan and NFR in use October 18, 2016 - Page 29 of 157 VAIL VILLAGE FULL III LIONSHEAD FULL 'l) FRONTAGE RD II LARGEST FRONTAGE RDN RIP 11111111, g � Pli t 1 a a a a a a a a s a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a ❑ o o ❑ ❑ ❑ ❑ ❑ ❑ o ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ LL z cn z W W LL z of z u uJ LL z <n z w D rn u- z cn z w D w u- z rn z w D w u- z cn z w w z z w w u z LL O 7 W 7 W LL O W W LL O W 7 W LL O W W LL O 7 W D W LL O W 7 W LL O W W LL Z H � � � (n Z H � � � (n Z H � � � In Z H � � � (n Z H D � � (n Z H 7 � � In Z H � fn 2 ❑ Q 2 ❑ Q f- 2 ❑ Q H 2 ❑ Q H 2 ❑ Q 2 ❑ Q H 2 ❑ Q H F W C/) H W U) F W U) F W C/) F W C0 F W U) F W (n O M W W N Ln W 7 f� O M W m 7 r O M W O N Ln W M W M N N W V I� W M (O m N Ln W M (O O N Ln N N N N N N N N N N N M N N N N N N M > U Z m 2 J G D LL 0.0. Z � Q 2016 REPORTED SNOWFALL TO OVERFLOW PARKING COMPARISON M - VEHICLES ON FRONTAGE ROAD - NEW SNOWFALL VEHICLES ON JL FRONTAGE RD 29 DAYS 1400 1200 1000 800 600 400 200 0 — 14 in. — 12 in. — 10 in. — 8 in. — 6 in. — 4 in. 2 in. 0 in. October 18, 2016 - Page 31 of 157 VAIL VILLAGE FULL , LIONSHEAD FULL , FRONTAGE RD, L FRONTAGE RDN 8000 2000 1000 0 a a a a a¢ a a a a a a a a a a a a a a a a¢ a a a a a a a a a a a¢¢ a a a a a a a¢¢ a a a¢ a a a¢¢¢ a a a a z w U) of z U z U) U) of z U z rn rn of z U) z rn rn of z cn E2 z rn rn Of z cn E2 z rn rn ft z rn E z rn rn ft z U) z rn rn 0� z rn EE z z LL=) W 2' ❑ OW LL 7 W X 7 0 W LL 7 W d' =)O W LL 7 W d' =)O W LL 7 W 2❑ O W LL 7 W Q_ 7 0 W LL 7 W Q_ 7 O W LL 7 W 2' 7 0 W LLL � 0 cf) ❑❑ H Z C0 0 H Z w❑❑ H Z w❑❑ H g Z w❑❑ H Z w D H g Z w❑❑ H g Z w❑❑ H Z w 2 a❑ 2 a ❑ 2 a ❑ 2 a ❑ 2 a ❑ H 2 a ❑ 2 a ❑ H 2 a ❑ F� W F� W H� W H� W F� W F� W F� W H� W r� W N V CD M O N K CO aD O N R CO W O N R CO W O N V CO a0 O N V CO w0 M N nm M Cn W M N nM N 7 0 W O N 7 CO W O � � � � � N N N N N M Z J d Q 7 Q W co 7000 +R?7 Y of 6000 2000 1000 0 a a a a a¢ a a a a a a a a a a a a a a a a¢ a a a a a a a a a a a¢¢ a a a a a a a¢¢ a a a¢ a a a¢¢¢ a a a a z w U) of z U z U) U) of z U z rn rn of z U) z rn rn of z cn E2 z rn rn Of z cn E2 z rn rn ft z rn E z rn rn ft z U) z rn rn 0� z rn EE z z LL=) W 2' ❑ OW LL 7 W X 7 0 W LL 7 W d' =)O W LL 7 W d' =)O W LL 7 W 2❑ O W LL 7 W Q_ 7 0 W LL 7 W Q_ 7 O W LL 7 W 2' 7 0 W LLL � 0 cf) ❑❑ H Z C0 0 H Z w❑❑ H Z w❑❑ H g Z w❑❑ H Z w D H g Z w❑❑ H g Z w❑❑ H Z w 2 a❑ 2 a ❑ 2 a ❑ 2 a ❑ 2 a ❑ H 2 a ❑ 2 a ❑ H 2 a ❑ F� W F� W H� W H� W F� W F� W F� W H� W r� W N V CD M O N K CO aD O N R CO W O N R CO W O N V CO a0 O N V CO w0 M N nm M Cn W M N nM N 7 0 W O N 7 CO W O � � � � � N N N N N M Z J d Q 7 Q W co Village Stn May June July August September October Fil Summer Parking Stats 2016 5 7 June 6 4 5 8 12 July 7 7 10 9 8 August 5 8 5 2 5 Septembe 2 2 2 0 0 October 0 0 0 Lionshead Structure Filled 0 2009 2015 2009 2015 2016 May 1395 0 0 June 1552 4 15 July 1612 7 25 August 1531 8 16 September 1628 3 2 October 1383 0 0 Total 84 22 58 Construction Workers/Displaced Parking Spaces 0 2009 2015 2016 May 1395 0 650 June 1552 2 825 July 1612 150 775 August 1531 350 700 September 1628 400 675 October 1383 400 675 South Fro nta a Road Overflow Days 2009 2015 2016 Monday 0 0 0 Tuesday 0 1 0 Wednesda 1 1 2 Thursday 2 1 3 Friday 1 4 4 Saturday 2 4 2 South Frontage Road Car Counts (highest to lowest) 2009 2015 2016 814 1024 957 582 623 853 317 451 437 317 385 426 281 385 412 278 334 325 278 273 297 142 263 277 101 255 232 92 254 221 84 246 197 82 243 197 81 232 187 77 217 187 15th day 76 198 183 69 192 176 68 183 148 64 179 142 59 105 126 52 95 107 73 88 55 Total 3914 6210 6230 Avg # cars on the roac 195.7 310.5 283.2 October 18, 2016 - Page 33 of 157 October 18, 2016 - Page 34 of 157 October 18, 2016 - Page 35 of 157 DONOVAN PARK COMPLETE rN 0 =nog g October 18, 2016 - Page 36 of 157 - an 2 leiip -` .. _ !cMWV - - - _ - �""'��� ..�' `ate-�.� - — - - - 4[t•p � �''w � _ - - -. _ _ _ _ - -- - � - .-.� - - _:.�-�• is-�' �-";�e - . _ _ _ d�-�Y'.` _.. _ _ . � � - _ -' -. - -- � - -� .. . - .a� - ''� _ - �y�"�.xsr" _. :, ' �' - _'Yl i'" 'S��� - � ;,.rte - '� _�-� .. � ` �'rY • y� --- _ _ ._ _ _ -- '` - iy� ��{•�. .mak" �- �-Sy5 1 � ..n sem. y� . � � F� aS AM FA, * r —MIN t ` ~E -- PARKING THRU LANE THRU LANE SHOULDER/ I BIKE LANE 4' 4' 12' 12' 6' SECTION 1 0-3 DAYS NOT TO SCALE THRU LANE THRU LANE SHOULDER/ PARKING I t BIKE LANE 4' 6' 12' 12' 6 PARKING THRU LANE THRU LANE SHOULDER/ W/C&G 1 4 r%, ,r* I At SECTION 2 4 - 30 DAYS NOT M SCALE SIDEWALK PARKING THRU LANE THRU LANE SHOULDER/ 6 1 I BIKE LANE 8' 12'12' 6' SECTION 3 30+ DAYS NOT TO SCALE October 18, 2016 - Page 38 of 157 TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: 2016-2017 Winter Parking Program PRESENTER(S): Greg Hall, Public Works Director ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or direct staff with regard to additional information or modifications. BACKGROUND: Each year the Vail Town Council approves the winter parking program prior to the start of the winter season. The parking rates and pass prices have remained the same since the 2008-2009 season. The recommendation of the staff is to keep the program the same for this upcoming season. Attached is the proposed brochure for this season. The amount of pressure for this season with regards to construction and some loss of parking at the hospital will be felt in the early part of the season but will be less than last year and beginning in January will be even less demand. STAFF RECOMMENDATION: Approve the proposed 2016-2017 winter parking program. ATTACHMENTS: Description 2016-2017 Winter Parking Program October 18, 2016 - Page 39 of 1 GOLD PASS $3,250 Guaranteed parking anytime in Vail Village and Lionshead structures. SILVER PASS $1,800 (Vail Village and Lionshead Businesses only) One pass per business. BLUE PASS $1,100 (Vail Property Owners, Residents and Employees Only**) Daily at Lionshead structure; Monday -Thursday during non -peak times at Vail Village structure. Peak times: Every Friday, Saturday and Sunday; Dec. 23 -Jan. 3, Jan. 16 and Feb. 20. GREEN PASS $500 (Vail Employees Only**) Monday -Thursday during non - peak times at the Lionshead parking structure. Peak days at Ford Park and soccer field. Peak times: Every Friday, Saturday and Sunday; Dec. 23 -Jan. 3, Jan. 16 and Feb. 20. Note: Beginning Feb. 18 through March 11, the soccer field lot will be closed for parking. PINK PASS $150 (Vail Employees Only**) Daily at Ford Park and soccer field, 6 a.m. to 2 a.m. Note: Beginning Feb. 18 through March 11, the soccer field parking lot will be closed. Use the Ford Park lot during this closure. VANPOOL PASS Any employee vanpool (vans with 7 or more passengers) registered with the town can get either a $150 Pink Pass or receive discounted guaranteed space. Call 970.479.2104 for details. VAIL VALUE CARD* (Vail Property Owners, Residents and Employees Only**) Both parking structures. 50% discount during non -peak time (Sunday -Thursday) and 20% during peak times (Every Friday and Saturday, plus Dec. 23 -Jan. 3, Jan. 16 and Feb. 20.). Certification required for activation and transfer of balance each year. EAGLE COUNTY VALUE CARD* (Eagle County Businesses, Property Owners and Residents) Both parking structures. 40% discount during non -peak time (Sunday -Thursday) and 12% during peak times (Every Friday and Saturday, plus Dec. 23 -Jan. 3, Jan. 16 and Feb. 20.). Certification required for activation and transfer of balance each year. 'Pay -on -foot stations in the parking structures enable pass holders to add value to their cards at any time once the card has been certified by the town's parking sales office. **Available to Vail business license holders' employees working a minimum of 30 hours per week. Multi -port charging stations are located in both parking structures with the capacity to charge up to 17 vehicles at a time. These stations will produce an 80% or more charge within the 2 -hour free parking time frame and users receive a text when their vehicle is completely charged. For more information, visit chargepoint.com or call the Parking Office at 970.479.2445. VAIL - FREE BUSES Seasonal schedules can be found at most bus stops and Welcome Centers, as well as vailgov.com/bus-schedules or 970.479.2178. • Winter schedule begins Dec. 12. • Route: Free Vail buses run from East Vail to West Vail. ECO TRANSIT (Eagle County Buses) Schedules available at eaglecounty.us/transit or 970.328.3520. • Winter schedule begins Nov. 21. • Route: ECO Transit runs buses 21 hours a day from Vail to all points west in Eagle County, including Minturn, Eagle -Vail, Avon, Beaver Creek, Edwards, Wolcott, Eagle, Eagle County Airport, Gypsum and Leadville. • Cost: $4 each way ($7 to Beaver Creek and Leadville) for adults and $1 for seniors and youth 18 and under. Children 5 and under ride free. Punch, daily and monthly passes available. Parking Hotline: 970.479.2104 Additional Contact Information: Vail Transit 970.479.2178 Town of Vail 970.479.2100 ADA Parking Info 970.479.2104 ECO Transit 970.328.3520 Va ii I O TOWN OF VAIL £ Town of Vail Parking 1 75 South Frontage Road Open Monday - Friday 1 8 a.m. to 4:45 p.m. vailgov.com/parking 1 970.479.2445 1prppp� TOWN OF VAIL' Parking Information Winter Season 2016 - 2017 BONUS The first 500 people to purchase a 2016/17 parking pass will receive one free day pass October 18, 2016 - Page 40 of 157 Vail Village and Lionshead Parking Structures Free for first 2 hours; Free after 3 p.m. until 3 a.m. (1 p.m - 3 p.m. will be charged the 2 to 3 hour rate). North Frontage Road (50 spaces) Across from West Vail Mall; Daily, 7 a.m. - 11 p.m. North Frontage Road (100 spaces) West of West Vail roundabout; Friday, Saturday and Sunday only, 7 a.m. - 11 p.m. Donovan Park (90 spaces) 1600 S. Frontage Rd. W.; Available when Pavilion is not in use (see signage at entrance or for updates visit vaileventparking.com) 7 a.m. - 11 p.m. Red Sandstone Park (15 spaces) 725 N. Frontage Rd. W.; Daily, 7 a.m. - 11 p.m. South Frontage Road Overflow On north side of road when both structures are full, until 11 P.M. ® Fist Vail Interchange at 1-70 Exit # 180 Soccer Field I®Golden, Peak IIr7 k ERiva B�hn B) Ford Park I� Gore Creek TH (*free parking) East Eas t Vail i 1 nterchange Vail i I t 1 I (*free parking) Denver T Village & i.7o Exi, Lionshead Pitkin Creek Booth Falls TH TH (•free parking) (•free parking) Free Trailhead Parking Daily 7 a.m. to 11 p.m. • Gore Creek Trailhead • East Vail Interchange Trailhead • Pitkin Creek Trailhead • Booth Falls Trailhead • North Trail Spraddle Creek Trailhead • North Trail Red Sandstone Creek Trailhead • North Trail Buffehr Creek Trailhead • North Trail Davos Trailhead Parking availability is limited and some spaces are restricted to three-hour trailhead use. Includes all levels in Vail Village and Lionshead structures Hours Rate Hours Rate 0 to 2 hours FREE 4 to 12 hours* $25 2 to 3 hours $15 12 + hours* $25 minimum 3 to 4 hours $20 Lost Tickets $25 minimum Pay stations are located at the pedestrian exits on level 4 in the Vail Village structure and level 1 in Lionshead. *Transaction ends upon exit; re-entry begins new transaction. Vail and Lionshead Parking Structures Short-term parking is available on the top level of the Vail Transportation Center in Vail Village and west end of level 1 of the Lionshead structure. There is a $25 charge for RVs and other oversize vehicles using the Charter Bus Lot east of the Lionshead parking structure. Charter bus parking will remain free. Parking Hotline: 970.479.2104 Va i i %� TOWN of Vail Town of Vail Parking 1 75 South Frontage Road Open Monday - Friday 1 8 a.m. to 4:45 p.m. vailgov.com/parking 1 970.479.2445 LEGEND Ski Lift 1, Free Parking ■r Trailhead (TH) Parking* ■v Paid and Pass Parking R* Pink Pass Parking *All TH parking lots are subject to both all -day and 3 -hour limits vvnaviia CfDonovan Park t v8 ■ Parking (free parking pending �65 tao exit Structure�� scheduled events) #173 7 witage TOV Municipal Buildings (free parking in designated - - _� spaces, Sat & Sun only) Cascade Village 15 (# 20) I-70 Exit� Eagle Bahn��� ■ # 176 Parking Gondola (# 19) /��i \ ■ Structure - ® _ North ® �@��®® ®� /� Frontage � North Trail r Road West ® Buffehr Creek (both sides) ® ® E5 (*free parking) west of North Trail North Trail Roundabout Spraddle Creek Red Sandstone Red Sandstone North Frontage Road (free parking (*free parking) Park Creek by West Vail Safeway Fri. - Sun) (free parking) (*free parking) (free parking 7 days/week) p<, October 18, 2016 - Page 41 of 157 CN1 �J T North Trail Davos (*free parking) TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 30, Series of 2016, Resolution in Support of Ballot Issue 1A Affordable Workforce Housing PRESENTER(S): Chris Romer, Vail Valley Partnership ACTION REQUESTED OF COUNCIL: Approve, amend or deny Resolution No. 30, Series of 2016. ATTACHMENTS: Description Resolution No. 30, Series of 2016 October 18, 2016 - Page 42 of 1 RESOLUTION NO. 30 Series of 2016 A RESOLUTION IN SUPPORT OF BALLOT ISSUE 1A: AFFORDABLE WORKFORCE HOUSING 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") WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, 69% of the business community in the Vail Valley Partnership's annual Workforce Study has recognized affordable workforce housing as a significant and major problem; WHEREAS, the Town recognizes the need for a regional approach to addressing affordable workforce housing; WHEREAS, the Town has determined that it is in the best interest of the community to address affordable workforce housing; and WHEREAS, issue 1A addresses affordable workforce housing in Eagle County through an `all of the above' approach including: • PROVIDING AND IMPROVING THE QUALITY, AVAILABILITY, AND AFFORDABILITY OF HOUSING IN EAGLE COUNTY • PROVIDING DOWN PAYMENT ASSISTANCE LOANS FOR HOME OWNERSHIP • ACQUIRING LAND FOR FUTURE HOUSING UNITS AFFORDABLE TO THE WORKFORCE • INVESTING IN PRIVATE/PUBLIC PARTNERSHIPS FOR THE PROVISION OF WORKFORCE AND AFFORDABLE HOUSING • RELATED HOUSING PROGRAMS AND SERVICES; NOW, THEREFORE, BE IT RESOLVED that the TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. Hereby states its support for Ballot Issue 1A. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town council of the Town of Vail held this 18th day of October, 2016. Dave Chapin Town Mayor ATTEST: Patty McKenny Town Clerk Resolution No. 30, 2016 October 18, 2016 - Page 43 of 1 TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 31, Series of 2016, Resolution in Support of Ballot Issue 1B, Supporting Open Space, Rivers, Wildlife, and Trails PRESENTER(S): Pedro Campos, ECO Trails Board, "Yes on 1 B" ACTION REQUESTED OF COUNCIL: Approve, amend or deny Resolution No. 31, Series of 2016. BACKGROUND: The "Yes on 1 B Open Space, Rivers, & Trails" campaign committee has been formed to promote the passage of Eagle County Ballot Issue 1 B. Pedro Campos, from Yes on 1 B, will address the Vail Town Council to provide an overview of Ballot Issue 1 B, answer your questions, and graciously ask for passage of the Resolution No. 31, Series of 2016, before the Vail Town Council in support of 1 B's passage county wide. ATTACHMENTS: Description Resolution No. 31, Series of 2016 Ballot Issue 1B Languge Ballot Issue 1B PowerPoint October 18, 2016 - Page 44 of 1 RESOLUTION NO. 31 Series of 2016 A RESOLUTION IN IN SUPPORT OF OPEN SPACE, RIVERS, WILDLIFE, & TRAILS BALLOT ISSUE 1B 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") WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, during the last 14 years, since the passage of the Open Space program in 2002, the Eagle County Open Space program has protected our natural beauty and scenic vistas; WHEREAS, the Open Space program has retained Eagle County's rich history, culture, and agricultural uses; preserved critical wildlife habitat; curbed sprawl in the face of extreme development pressure; and has provided access to our public lands, improving opportunities for high-quality dispersed outdoor recreation; WHEREAS, on August 30th, by unanimous vote, the Eagle County Board of Commissioners referred an extension and augmentation of the Eagle County Open Space program to the ballot, known as Issue 1 B; WHEREAS, passage of Ballot Issue 1 B will continue the Open Space program as described above. WHEREAS, Issue 1 B will enable bonding authority to complete the Eagle Valley Trail in approximately seven years instead of the 40 plus years under the current funding mechanism and will dedicate a portion of the mill levy for debt service to pay bond interest without increasing taxes; WHEREAS, open lands, rivers, and wetlands are critical pieces of the environment in Eagle County. The use of open space funds to protect and enhance our water quality, protect wildlife habitat, conserve our open and beautiful views, and enhance recreation opportunities are vital to our quality of life, and keep our recreation and tourism economies strong; and WHEREAS, with hundreds of miles of soft trails in Eagle County, on county and federal lands, effective trail stewardship is vital. Issue 1 B will dedicate funds toward the sustainable maintenance of our current soft trails and may, in time, be used for the creation of new, environmentally responsible trails, all of which enables residents and visitors alike to partake in all the exceptional outdoor experiences that Eagle County has to offer. Resolution No. 31, 2016 October 18, 2016 - Page 45 of 1 NOW, THEREFORE, BE IT RESOLVED that the TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. Hereby states its support for Ballot Issue 1 B. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town council of the Town of Vail held this 18th day of October, 2016. Dave Chapin Town Mayor ATTEST: Patty McKenny Town Clerk Resolution No. 31, 2016 October 18, 2016 - Page 46 of 1 Ballot Issue 1 B SHALL EAGLE COUNTY'S DEBT BE INCREASED BY NO MORE THAN $19.95 MILLION WITH A MAXIMUM REPAYMENT COST OF NO MORE THAN $32.7 MILLION, WITHOUT IMPOSING ANY NEW TAX OR INCREASING ANY EXISTING TAX RATE; WITH SUCH DEBT TO BE ISSUED FOR THE PURPOSE OF FINANCING THE COSTS OF ACQUIRING AND CONSTRUCTING IMPROVEMENTS TO AND EXPANSION OF THE EAGLE VALLEY TRAIL FROM VAIL PASS TO DOTSERO AND OTHER RELATED IMPROVEMENTS, AND SHALL DEBT BE EVIDENCED BY BONDS, NOTES, LOAN AGREEMENTS OR OTHER FINANCIAL OBLIGATIONS THAT MAY MATURE, BE SUBJECT TO REDEMPTION, AND BE ISSUED AT SUCH TIME OR TIMES AND IN SUCH MANNER AND CONTAINING SUCH TERMS, NOT INCONSISTENT WITH THIS QUESTION, AS EAGLE COUNTY MAY DETERMINE, AND BE REPAID FROM REVENUES DERIVED FROM EAGLE COUNTY'S TRANSIT SALES TAX, OPEN SPACE MILL LEVY, AND OTHER LEGALLY AVAILABLE REVENUES AS EAGLE COUNTY MAY DETERMINE; AND SHALL EAGLE COUNTY BE AUTHORIZED TO REFUND THE DEBT IN THIS QUESTION, PROVIDED THAT SUCH REFUNDING DEBT DOES NOT EXCEED THE MAXIMUM PRINCIPAL LIMITS OR REPAYMENT COSTS AUTHORIZED BY THIS QUESTION; AND, IN CONNECTION THEREWITH: (1) SHALL THE EXPIRATION OF THE OPEN SPACE MILL LEVY EQUAL TO 1.5 MILLS APPROVED BY THE VOTERS IN 2002 BE EXTENDED FOR AN ADDITIONAL FIFTEEN (15) YEARS TO NOW EXPIRE IN 2040, WITH: • TWENTY PERCENT (20%) OF SAID OPEN SPACE MILL LEVY REVENUES USED TO PAY SUCH DEBT AUTHORIZED BY THIS QUESTION AND THE COSTS OF ACQUIRING, CONSTRUCTING, IMPROVING, OPERATING AND MAINTAINING PAVED TRAILS THROUGHOUT EAGLE COUNTY; • FIVE PERCENT (5%) OF SAID OPEN SPACE MILL LEVY REVENUES USED TO PAY FOR ACQUIRING, CONSTRUCTING, IMPROVING, OPERATING AND MAINTAINING UNPAVED TRAILS THROUGHOUT EAGLE COUNTY; • AND THE REMAINDER OF SAID OPEN SPACE MILL LEVY REVENUES TO BE USED FOR WATER QUALITY PROTECTION EFFORTS AND FOR THE PURPOSES AUTHORIZED BY THE VOTERS IN 2002, INCLUDING ACQUIRING, MAINTAINING, OR PERMANENTLY PRESERVING OPEN SPACE IN EAGLE COUNTY TO PRESERVE WILDLIFE HABITAT, PROTECT WETLANDS AND FLOODPLAINS, CONSERVE SCENIC LANDSCAPES AND VISTAS, AND PROVIDE PUBLIC ACCESS POINTS TO RIVERS; AND (11) SHALL THE PROCEEDS OF THE DEBT, THE REVENUES FROM THE OPEN SPACE MILL LEVY AND ANY OTHER REVENUES USED TO PAY THE DEBT, AND ANY EARNINGS FROM THE INVESTMENT OF SUCH PROCEEDS AND REVENUES BE AUTHORIZED TO BE COLLECTED AND SPENT BY EAGLE COUNTY WITHOUT REGARD TO ANY SPENDING, REVENUE -RAISING OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, OR ANY OTHER LAW AS IT CURRENTLY EXISTS OR AS IT MAY BE AMENDED IN THE FUTURE AND WITHOUT LIMITING IN ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED AND SPENT BY EAGLE COUNTY? October 18, 2016 - Page 47 of 1 resentation to Town of Vail Town Council ctober 18, 2oi6 14 i!ii0o/ YES on 1B OPEN SPACE aRl,Il9��e #,�RAILS Open -Space Background 2002 Open Space tax approved 1.5 mill property tax Permanently protects and conserves valuable lands and waters throughout Eagle County Over 11,000 acres purchased through Open Space program over 14 years High degree of oversight since implementation YES on 1B OPEN SPACE October 18, 2016 - Page 49 oRiVERS & TRAIS Ballot Issue 1 B — Open Space, Rivers, & Trails In the face of rapid growth, this measure will continue to protect critical wildlife Land conservation gives habitat and wetlands throughout Eagle County so that future generations can enjoy them. WITHOUT INCREASING TAXES, a YES vote protects the Colorado, Eagle, and Roaring Fork rivers; preserves wildlife habitat and wetlands; conserves our open space and beautiful views; and provides more recreation opportunities. private landowners a voluntary way to keep water in rivers like the Eagle, Colorado, and Frying Pan. We live here because of the opportunities for rafting, biking, hiking, fishing, and other outdoor activities; whether it's finishing the Eagle Valley Trail, improving soft trails and access points, this measure will increase recreation opportunities, county WLqgber 18, 2016 - Page 50 of 157 Ballot Language SHALL EAGLE COUNTY'S DEBT BE INCREASED BY NO MORE THAN $19.95 MILLION WITH A MAXIMUM REPAYMENT COST OF NO MORE THAN $32.7 MILLION, WITHOUT IMPOSING ANY NEW TAX OR INCREASING ANY EXISTING TAX RATE; WITH SUCH DEBT TO BE ISSUED FORTH PURPOSE OF FINANCING THE COSTS OF ACQUIRING AND CONSTRUCTING IMPROVEMENTS TO AND EXPANSION OFTHE EAGLE VALLEY TRAIL FROM VAIL PASSTO DOTSEROAND OTHER RELATED IMPROVEMENTS, AND SHALL DEBT BE EVIDENCED BY BONDS, NOTES, LOAN AGREEMENTS OR OTHER FINANCIAL OBLIGATIONSTHAT MAY MATURE, BE SUBJECTTO REDEMPTION, AND BE ISSUED AT SUCH TIME ORTIMESAND IN SUCH MANNERAND CONTAINING SUCHTERMS, NOT INCONSISTENT WITH THIS QUESTION, AS EAGLE COUNTY MAY DETERMINE, AND BE REPAID FROM REVENUES DERIVED FROM EAGLE COUNTY'S TRANSIT SALES TAX, OPEN SPACE MILL LEVY, AND OTHER LEGALLY AVAILABLE REVENUESAS EAGLE COUNTY MAY DETERMINE; AND SHALL EAGLE COUNTY BE AUTHORIZEDTO REFUNDTHE DEBT IN THIS QUESTION, PROVIDEDTHAT SUCH REFUNDING DEBT DOES NOT EXCEED THE MAXIMUM PRINCIPAL LIMITS OR REPAYMENT COSTS AUTHORIZED BY THIS QUESTION; AND, IN CONNECTION THEREWITH: v;p;��ilwN) YES on 1B OPEN SPACE October 18, 2016 - Page 51 RIVERS & TRAILS 11 Ballot Lanauaae continued 1) SHALL THE EXPIRATION OF THE OPEN SPACE MILL LEVY EQUAL TO 1.5 MILLS APPROVED BY THEVOTERS IN 2002 BE EXTENDED FOR AN ADDITIONAL FIFTEEN (15)YEARSTO NOW EXPIRE IN 2040, WITH: • TWENTY PERCENT (20%) OF SAID OPEN SPACE MILL LEVY REVENUES USED TO PAY SUCH DEBTAUTHORIZED BYTHIS QUESTION AND THE COSTS OFACQUIRING, CONSTRUCTING, IMPROVING, OPERATING AND MAINTAINING PAVED TRAILS THROUGHOUT EAGLE COUNTY; • FIVE PERCENT (5%) OF SAID OPEN SPACE MILL LEVY REVENUES USED TO PAY FOR ACQUIRING, CONSTRUCTING, IMPROVING, OPERATING AND MAINTAINING UNPAVED TRAILS THROUGHOUT EAGLE COUNTY; • ANDTHE REMAINDER OF SAID OPEN SPACE MILL LEVY REVENUESTO BE USED FOR WATER QUALITY PROTECTION EFFORTSAND FORTHE PURPOSES AUTHORIZED BYTHEVOTERS IN 2002, INCLUDING ACQUIRING, MAINTAINING, OR PERMANENTLY PRESERVING OPEN SPACE IN EAGLE COUNTYTO PRESERVE WILDLIFE HABITAT, PROTECT WETLANDS AND FLOODPLAINS, CONSERVE SCENIC LANDSCAPES AND VISTAS, AND PROVIDE PUBLIC ACCESS POINTS TO RIVERS; AND (II) SHALLTHE PROCEEDS OFTHE DEBT, THE REVENUES FROM THE OPEN SPACE MILL LEVYAND ANY OTHER REVENUES USEDTO PAYTHE DEBT, AND ANY EARNINGS FROM THE INVESTMENTOFSUCH PROCEEDSAND REVENUES BE AUTHORIZED TO BE COLLECTED AND SPENT BY EAGLE COUNTY WITHOUT REGARD TO ANY SPENDING, REVENUE -RAISING OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, OR ANY OTHER LAW AS IT CURRENTLY EXISTS OR AS IT MAY BE AMENDED IN THE FUTURE AND WITHOUT LIMITING IN ANYYEAR THE AMOUNT OF OTHER REVENUESTHAT MAY BE COLLECTED AND SPENT BY EAGLE COUNTY? YES on 1B OPEN SPACE October 18, 2016 - Page 52 RIVERS & TRAILS Momentum -Town of Eagle In April 2014, the town of Eagle asked voters to expand its Open Space occupation tax to allow for improvements to open space as well as to allow for improvements to BLM and USFS lands Passed by 84% It's a big ballot! Vote yes on sB at the bottom of the ballot to keep Eagle County's environment on top yesonib@gmail.com www.YesOniB.com Yes oniB Open Space, Rivers & Trails PO Box 3051, Avon, CO 81620 YES on 1B OPEN SPACE October 18, 2016 - Page 53 RIVERS & TRAILS TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 28, Series of 2016, First Reading, Annual Appropriation Ordinance: Adopting a Budget and Financial Plan and Making Appropriations to Pay the Costs, Expenses, and Liabilities of the Town of Vail, Colorado, for its Fiscal YEAR January 1, 2017 through December 31, 2017 PRESENTER(S): Stan Zemler, Town Manager, and Kathleen Halloran, Finance Director ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance No. 28, Series of 2016 on first reading. BACKGROUND: It is necessary for the Town Council to adopt a budget and financial plan for the 2017 fiscal year, to make appropriations for the amounts specified in the budget. ATTACHMENTS: Description Ordinance No. 28, Series of 2016 October 18, 2016 - Page 54 of 1 ORDINANCE NO. 28 SERIES OF 2016 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 2017 THROUGH DECEMBER 31, 2017 WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado, the Town Manager prepared and submitted to the Town Council a proposed long-range capital program for the Town and a proposed budget and financial plan for all Town funds and activities for the fiscal year; and WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for the 2017 fiscal year, to make appropriations for the amounts specified in the budget; and NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof, have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day of January, 2017, and ending on the 315` day of December, 2017: FUND AMOUNT General Fund $37,302,303 Capital Projects Fund 12,148,520 Real Estate Transfer Tax Fund 8,337,803 Vail Marketing Fund 331,000 Heavy Equipment Fund 3,618,149 Dispatch Services Fund 2,972,714 Health Insurance Fund 4,122,634 Timber Ridge Enterprise Fund 1,302,051 Total 70,135,174 Less Interfund Transfers (8,130,025) Net Expenditure Budget 62,005,149 Ordinance No. 28. Series of 2016 October 18, 2016 - Page 55 of 1 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2017 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Town. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect 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. 5. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 6. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail 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 proceedings as commenced under or 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. 7. 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, this 18th day of October, 2016. A public hearing shall be held hereon on the 1st day of November, 2016, at 6:00 pm at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 28. Series of 2016 October 18, 2016 - Page 56 of 1 TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 29, Series of 2016, First Reading, An Ordinance Amending Chapter 2 of Title 7 of the Vail Town Code by the Addition of a New Section 7-213-3, to Require Possession of a Valid License or Permit While Operating a Motor Vehicle PRESENTER(S): Matt Mire, Town Attorney ACTION REQUESTED OF COUNCIL: Approve, amend or deny Ordinance No. 29, Series of 2016 upon first reading. BACKGROUND: This violation is currently prosecuted in county court. The Town of Vail is empowered to adopt municipal traffic regulations that reasonably promote the public, health, safety, and general welfare of its citizens. Ordinance No. 29, Series of 2016 will allow these violations to be prosecuted in municipal court. ATTACHMENTS: Description Ordinance No. 29, Series of 2016 October 18, 2016 - Page 57 of 1 ORDINANCE NO. 29 SERIES 2016 AN ORDINANCE AMENDING CHAPTER 2 OF TITLE 7 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION 7-213-3, TO REQUIRE POSSESSION OF A VALID LICENSE OR PERMIT WHILE OPERATING A MOTOR VEHICLE WHEREAS, pursuant to C.R.S. § 42-4-111 and its home rule authority, the Town is empowered to adopt municipal traffic regulations that reasonably promote the public, health, safety, and general welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 2 of Title 7 of the Vail Town Code is hereby amended by the addition of a new Section 7-213-3, to read as follows: Sec. 7-213-3: POSSESSION OF DRIVER'S LICENSE OR INSTRUCTION PERMIT REQUIRED: A. No person shall operate a motor vehicle on the public highways in the Town without a current and valid driver's, minor driver's or commercial driver's license or instruction permit issued under C.R.S. §§ 42-2-101, 42- 2-106, and 42-4-404 in his or her immediate possession. A person shall present a current and valid license or permit upon demand by a peace officer or other law enforcement personnel. B. A charge of a violation of this Section shall be dismissed by the Municipal Court if the defendant produces a valid license or permit which was in full force and effect at the time of the alleged violation. C. It is an affirmative defense to a charge of a violation of this Section if the defendant produces written evidence that, at the time of the alleged violation, such person was exempt from the requirement to obtain a license pursuant to C.R.S. § 42-2-102. 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 affect 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 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Ordinance No. 29, Series of 2016 October 18, 2016 - Page 58 of 1 Section 4. The amendment of any provision of the Vail Town Code 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 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 ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of October, 2016 and a public hearing for second reading of this Ordinance is set for the 1St day of November, 2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2016. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 29, Series of 2016 October 18, 2016 - Page 59 of 1 TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 30, Series of 2016, First Reading, An Ordinance Amending Section 1-9-8 of the Vail Town Code to Increase Court Costs PRESENTER(S): Matt Mire, Town Attorney ACTION REQUESTED OF COUNCIL: Approve, amend or deny Ordinance No. 30, Series of 2016 upon first reading BACKGROUND: The municipal court costs imposed by Section 1-9-8 of the Vail Town Code have not been amended since 1992. It is necessary to increase court costs to keep pace with the greater administrative and operating expenses associated with operating the municipal court. ATTACHMENTS: Description Ordinance No. 30, Series of 2016 October 18, 2016 - Page 60 of 1 ORDINANCE NO. 30 SERIES 2016 AN ORDINANCE AMENDING SECTION 1-9-8 OF THE VAIL TOWN CODE TO INCREASE COURT COSTS WHEREAS, the municipal court costs imposed by Section 1-9-8 of the Vail Town Code have not been amended since 1992; and WHEREAS, it is necessary to increase court costs to keep pace with the greater administrative and operating expenses associated with operating the municipal court. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 1-9-8 of the Vail Town Code is hereby amended as follows: 1-9-8: COURT COSTS: A. Plea Entered at or Subsequent to Arraignment: The judge shall assess court costs in the amount of fifteen twenty-five dollars ($15.00) ($25.00), which shall be assessed against all defendants upon entry of a conviction at or subsequent to arraignment, but the judge may suspend the cost in the interest of justice. No cost shall be assessed when conviction is by a plea of guilty entered by mail pursuant to the penalty assessment procedures set forth in this code. B. Cost of Witnesses: The judge shall assess against a convicted defendant for all witnesses subpoenaed and appearing at the trial and all witness fees which are required to be paid by the court. C. Additional Costs: The judge may assess against a convicted defendant any other costs similar to those authorized by state law. D. Jury Trial: Costs for persons convicted after trial by a jury are # fiftydollars {$30:00} 50.00 instead of the fifteen twenty-five dollars ($1500) 25.00 described by subsection A of this section. Section 2. Severability. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the 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 3. Retroactivity. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty Ordinance No. 30, Series of 2016 October 18, 2016 - Page 61 of 1 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. Section 4. Repeal. 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 18th day of October, 2016 and a public hearing for second reading of this Ordinance is set for the 1St day of November, 2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2016. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 30, Series of 2016 October 18, 2016 - Page 62 of 1 TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 31, Series of 2016, First Reading, An Ordinance Amending Title 7, Chapter 2, Article A, of the Vail Town Code to Require Seatbelts and to Create a New Traffic Infraction for Violation Thereof PRESENTER(S): Matt Mire, Town Attorney ACTION REQUESTED OF COUNCIL: Approve, amend or deny Ordinance No. 31, Series of 2016 upon first reading. BACKGROUND: This violation is currently being prosecuted in county court. The Town of Vail is empowered to adopt municipal traffic regulations that reasonably promote the public, health, safety, and general welfare of its citizens. Ordinance No. 31, Series of 2016 will allow these violations to be prosecuted in municipal court. ATTACHMENTS: Description Ordinance No. 31, Series of 2016 October 18, 2016 - Page 63 of 1 ORDINANCE NO. 31 SERIES 2016 AN ORDINANCE AMENDING TITLE 7, CHAPTER 2, ARTICLE A, OF THE VAIL TOWN CODE TO REQUIRE SEAT BELTS AND TO CREATE A NEW TRAFFIC INFRACTION FOR VIOLATION THEREOF NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 7, Chapter 2, Article A of the Vail Town Code is hereby amended by the addition of a new Section 7-2A-12, to read as follows: 7-2A-12: SEAT BELT REQUIRED: A. Definitions. For purposes of this Section, the following terms have the following meanings: 1. MOTOR VEHICLE: primarily for use and operation passenger cars, station wagons, homes, and pickups, but excludii passenger buses, school buses, ; husbandry designed primarily or operations. A self-propelled vehicle intended on the public highways, including vans, taxicabs, ambulances, motor g motorcycles, low-power scooters, ,id farm tractors and implements of exclusively for use in agricultural 2. SEAT BELT: A system using a lap belt, a shoulder belt, or any other belt or combination of belts installed in a motor vehicle to restrain drivers and passengers, which system conforms to federal motor vehicle safety standards. B. Unless exempted pursuant to Subsection C hereof, every driver of and every front seat passenger in a motor vehicle equipped with a seat belt shall wear a fastened safety belt while the motor vehicle is being operated on a street or highway in the Town. C. This Section shall not apply to: 1. A child required by C.R.S. § 42-4-236 to be restrained by a child restraint system; 2. A member of an ambulance team, other than the driver, while involved in patient care; 3. A peace officer as described in C.R.S. § 16-2.5-101 while performing official duties so long as the performance of said duties is in accordance with rules and regulations applicable to said officer; Ordinance No. 31, Series of 2016 October 18, 2016 - Page 64 of 1 4. A person with a physically or psychologically disabling condition whose physical or psychological disability prevents appropriate restraint by a seat belt system if such person possesses a written statement by a physician certifying the condition, as well as stating the reason why such restraint is inappropriate; 5. A person driving or riding in a motor vehicle not equipped with a seat belt system due to the fact that federal law does not require such vehicle to be equipped with a seat belt system; 6. A rural letter carrier of the United States postal service while performing duties as a rural letter carrier; 7. A person operating a motor vehicle which does not meet the definition of "commercial vehicle" as that term is defined in C.R.S. § 42-4- 235(1)(a) for commercial or residential delivery or pickup service; except that such person shall be required to wear a fastened safety belt during the time period prior to the first delivery or pickup of the day and during the time period following the last delivery or pickup of the day; and 8. A person otherwise exempted from mandatory seat belt use pursuant to C.R.S. § 42-4-237, as amended. D. A person who operates a motor vehicle while such person or any passenger is in violation of this Section commits a traffic infraction. E. No driver of a motor vehicle shall be cited for a violation of this Section unless such driver was stopped by a law enforcement officer for an alleged traffic violation other than a violation of this Section. Section 2. Severability. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the 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 3. Retroactivity. 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. Section 4. Repeal. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. Ordinance No. 31, Series of 2016 October 18, 2016 - Page 65 of 1 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 18th day of October, 2016 and a public hearing for second reading of this Ordinance is set for the 1st day of November, 2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2016. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 31, Series of 2016 October 18, 2016 - Page 66 of 1 TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 16, Series of 2016, Second Reading, Gross Residential Floor Area, an ordinance for a Prescribed Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-15-3, Definition, Calculations, and Exclusions, Vail Town Code concerning the method for measuring Gross Residential Floor Area (GRFA) within 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), housing (H) and Vail Village Townhouse (VVT) districts, and setting forth details in regard thereto (PEC16-0024). PRESENTER(S): Chris Neubecker, Planning Manager ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 16, Series of 2016 upon second reading. BACKGROUND: This is a proposal to clarify the existing policy on Gross Residential Floor Area (GRFA) by modifying the text of Section 12-15-3 Definition, Calculation, and Exclusions, Vail Town Code, relating to how Gross Residential Floor Area (GRFA) is calculated in the following zone districts: 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), housing (H) and Vail Village Townhouse (VVT) districts. The proposed ordinance would clarify that a multi -unit building shall be considered one structure. This is a clarification of an existing policy and existing code language; it is not an application to amend the regulations. STAFF RECOMMENDATION: The Community Development Department recommends the Vail Town Council approve Ordinance No. 16, Series of 2016 upon second reading, with an amendment by adding a sentence that reads "The lowest level shall be the finished floor level with the lowest U.S.G.S. elevation, including all floor levels within six (6) vertical feet of the lowest level." If the Town Council does not support adding this sentence concerning the six (6) foot step, then the Community Development Department recommends that the Town Council deny this ordinance. ATTACHMENTS: Description GRFA Staff Memo Ordinance No. 16, Series of 2016 PEC Memo on GRFA -August 22, 2016 PEC Results on GRFA - August 22, 2016 October 18, 2016 - Page 67 of 1 Memorandum TO: Vail Town Council FROM: Community Development Department DATE: October 18, 2016 SUBJECT: Second reading of Ordinance No. 16, Series of 2016, an ordinance for a Prescribed Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-15-3, Definition, Calculations, and Exclusions, Vail Town Code concerning the method for measuring Gross Residential Floor Area (GRFA) within 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), housing (H) and Vail Village Townhouse (VVT) districts, and setting forth details in regard thereto (PEC16-0024). Applicant: Town of Vail Planner: Chris Neubecker SUMMARY On October 4, 2016 the Town Council adopted on first reading Ordinance 16, Series of 2016, concerning Gross Residential Floor Area (GRFA) and the deduction of GRFA from the lowest level floors that are below grade. During the meeting, the Council voted to add language clarifying that "a multi -unit building shall be considered one structure." Town Council also voted to remove language from the ordinance that stated "The lowest level shall be the finished floor level with the lowest U.S. G. S. elevation, including all floor levels within six (6) vertical feet of the lowest level." The Community Development Department recommends that the Town Council reinsert language into the ordinance that was recommended at first reading, concerning the six (6) foot step in the lowest level. This language is an important element of defining the lowest level, and helps to bring clarity, consistency and predictability to the application of this regulation. October 18, 2016 - Page 68 of 1 II. CONCERNS The Community Development Department has several concerns with removal of the sentence allowing for a six (6) foot step in the lowest level. As those responsible for implementing this policy on a daily basis, staff believes that the language on the six (6) foot step is vital to ensuring consistency, fairness, equity, predictability and objectivity in the development review process. Following are the concerns about removal of this sentence on the six (6) foot step, and why we recommend reinserting the sentence back into the ordinance: • Consistency — Application of the Town Code shall be consistent for each applicant and for each property. An applicant should receive the same code interpretation from the Community Development Department regardless of which planner they ask. To ensure consistency, the Town Code needs to have clear definitions that are understandable by the staff and the development community. Adding language to define the "lowest level" is necessary to ensure consistency. • Fairness — Each property shall be eligible for the lowest level basement deduction if it qualifies based on the adopted codes and definitions. This policy must be applied equally across properties. Clear definitions are critical to ensuring fairness. The proposed six (6) foot step language provides the clear definition needed to apply this policy fairly. Practicality — The six (6) foot step evolved over time as a practical response to some design challenges of sites and best practices used by architects. The six (6) foot step has become accepted by members of the development community and the staff as a way to encourage creativity. The measurement was not arbitrary; it was selected because it represents approximately one-half of a floor - to -floor measurement. A step of up to six (6) feet allows a floor that is below grade and close in elevation to the lowest floor to be counted as part of the same floor level. This inclusion helps to meet the intent of the GRFA basement deduction. It also allows architects to design buildings that step with the grade of the site to reduce site impacts such as cut and fill slopes or retaining walls. Objectivity — Regulations shall be objective and based on community goals. Subjectivity in the interpretation of Town Codes puts the staff in an awkward position to make judgments based not on adopted policies and goals, but based on personal opinion, moods and relationships. Without objective criteria and a rational connection to community goals, the decisions of staff may be arbitrary Town of Vail Page 2 October 18, 2016 - Page 69 of 1 and capricious. It can lead to situations where applicants "shop around" until they find the answer they want. • Without a clear definition, determination of the lowest level would be up to the individual planner. Two identical developments could face different code interpretations, depending on the staff planner. This could lead to confusion and inequity. • Existing properties could become non -conforming, depending on the interpretation of lowest level. (A property that was constructed under one code interpretation could be considered non -conforming if a different measurement system or definition is used determine the "lowest level" GRFA deduction.) For each of these reasons, the Community Development Department recommends the Town Council reconsider the language on the six (6) foot step. III. RECOMMENDATION The Community Development Department recommends that the Town Council adopt on second reading Ordinance 16, Series of 2016, with the additional sentence that reads: "The lowest level shall be the finished floor level with the lowest U.S.G.S. elevation, including all floor levels within six (6) vertical feet of the lowest level. " Recommended motion: "The Vail Town Council approves, on second reading, Ordinance No. 16 Series of 2016, an ordinance for a Prescribed Regulation Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-15-3, Definition, Calculations, and Exclusions, Vail Town Code concerning the method for measuring Gross Residential Floor Area (GRFA) within 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), housing (H) and Vail Village Townhouse (VVT) districts, and setting forth details in regard thereto and setting forth details in regard thereto, with an additional sentence that reads "The lowest level shall be the finished floor level with the lowest U.S. G. S. elevation, including all floor levels within six (6) vertical feet of the lowest level." Should the Vail Town Council choose to approve Ordinance No. 16, Series of 2016 on second reading, the Community Development Department recommends the Council makes the following findings: Town of Vail Page 3 October 18, 2016 - Page 70 of 1 "Based upon the review of the criteria outlined in Section Vlll of the Staff memorandum to the Planning and Environmental Commission dated August 22, 2016 and the evidence and testimony presented and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendment is 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 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes 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. " If the Town Council does not support the proposed language on the six (6) foot step, then the Community Development Department recommends denial of Ordinance 16, Series of 2016 in its entirety. VI. ATTACHMENTS A. Ordinance No. 16, Series of 2016 B. PEC Memorandum, dated August 22, 2016 C. PEC meeting results of August 22, 2016 Town of Vail Page 4 October 18, 2016 - Page 71 of 1 ORDINANCE NO. 16 SERIES 2016 AN ORDINANCE AMENDING SECTION 12-15-3, DEFINITION, CALCULATION AND EXCLUSIONS OF THE VAIL TOWN CODE, REGARDING THE METHOD FOR MEASURING GROSS RESIDENTIAL FLOOR AREA (GRFA) IN THE HILLSIDE RESIDENTIAL (HR), SINGLE-FAMILY RESIDENTIAL (SFR), TWO- FAMILY RESIDENTIAL (R), TWO-FAMILY PRIMARY/SECONDARY (PS), LOW DENSITY MULTIPLE -FAMILY (LDMF), MEDIUM DENSITY MULTIPLE -FAMILY (MDMF), HIGH DENSITY MULTIPLE FAMILY (HDMF), HOUSING (H), AND VAIL VILLAGE TOWNHOUSE (WT) DISTRICTS. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Vail Town Charter; WHEREAS, Section 12-15-3 Definition, Calculation and Exclusions, of the Vail Town Code explains the methods used to determine how gross residential floor area is measured within 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), housing (H) and Vail Village Townhouse (VVT) districts; WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed prescribed regulations amendment and on August 22, 2016 submitted its recommendation to the Vail Town Council; WHEREAS, the Vail Town Council finds that the proposed amendment is 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; WHEREAS, the Vail Town Council finds that the amendment furthers the general and specific purposes of the zoning regulations; WHEREAS, the Vail Town Council finds that the amendment promotes the health, safety, morals and general welfare of the town and promotes 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: (Note: Language proposed to be added is shown in bold; language proposed to be removed is shown in tf,-&ethr-o g ) Section 1. Section 12-15-3A of the Vail Town Code is hereby amended as follows: 1 a (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 Ordinance No. 16, Series of 2016 October 18, 2016 - Page 72 of 1 grade, whichever is more restrictive, shall be the percentage of the horizontal area of the lowest level deducted from the GRFA calculations. A multi -unit building shall be considered one structure. The percentage deduction calculations shall be rounded to nearest whole percent. The lowest level 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 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 crawl space or attic. Section 2. Section 12-15-313 of the Vail Town Code is hereby amended as follows: 1 a (7) 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. A multi -unit building shall be considered one structure. The percentage deduction calculations shall be rounded to nearest whole percent. The lowest level 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 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 crawl space or attic. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect 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 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 5. 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. 16, Series of 2016 October 18, 2016 - Page 73 of 1 Section 6. 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 4th day of October, 2016, and a public hearing and second reading of this Ordinance set for the 18th day of October 2016, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING, AND ORDERED PUBLISHED IN FULL this 18th day of October, 2016. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 16, Series of 2016 October 18, 2016 - Page 74 of 1 0) rowN of vain Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 22, 2016 SUBJECT: A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-15-3, Definition, Calculations, and Exclusions, Vail Town Code concerning the definition of Gross Residential Floor Area (GRFA) and setting forth details in regard thereto (PEC16-0024). Applicant: Town of Vail Planner: Chris Neubecker SUMMARY This is a proposal to clarify the text of Section 12-15-3 Definition, Calculation, and Exclusions, Vail Town Code, relating to how gross residential floor area (GRFA) is calculated in basements in the following zone districts: Hillside Residential (HR), Single - Family Residential (SFR), Two -Family Residential (R), and Two -Family Primary/Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple - Family (LDMF), Medium Density Multiple -Family (MDMF), High Density Multiple -Family (HDMF), Housing (H), and Vail Village Townhouse (VVT) Based upon staff's review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for the proposed Prescribed Regulations Amendment. II. DESCRIPTION OF REQUEST This is a request for a recommendation to the Vail Town Council to clarify Section 12- 15-3 of the Vail Town Code concerning gross residential floor area (GRFA) and the allowable basement deduction. The purpose of this amendment is to clarify the Town Code in response to a decision by the Planning and Environmental Commission concerning an appeal of an administrative determination. This amendment will codify the GRFA basement deductions that have been implemented by staff and many members of the development community. October 18, 2016 - Page 75 of 1 The proposed changes do not include the treatment of dwelling units in a two-family dwelling as separate structures. The Community Development Department has studied the impacts that such a change would have on the community, and does not recommend treatment as separate structures for a number of significant reasons previously discussed and mentioned later in this memorandum. As currently written, the Vail Town Code states that: (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 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 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 crawl space or attic. To rectify the existing ambiguity, the following new sentence is proposed to be added to this section of the code: "The lowest level shall be the finished floor level with the lowest U.S.G.S. elevation, including all floor levels within six (6) vertical feet of the lowest level." The proposed code amendment would apply to properties in the Hillside Residential (HR), Single-family Residential (SFR), Two-family Residential (R), and Two-family Primary Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple - Family (LDMF), Medium Density Multiple -Family (MDMF), High Density Multiple -Family (HDMF), Housing (H), and Vail Village townhouse (VVT) districts. III. BACKGROUND During the Planning and Environmental Commission (PEC) meeting of May 23, 2016, the Commission overturned an administrative decision on an appeal (TC16-0004) concerning the exclusion of GRFA within a basement under each dwelling unit in the Primary/Secondary zone district. The Commission determined that staff incorrectly interpreted the Town Code relating to the GRFA exclusion on the lowest levels in a two- family dwelling. The PEC determined that for the purposes of calculating GRFA, each dwelling unit in a two-family dwelling is considered a separate structure, and each structure has its own lowest level, and thereby may qualify for its respective GRFA lowest level exclusion. Town of Vail Page 2 October 18, 2016 - Page 76 of 1 On June 7, 2016 the Town Council reviewed the minutes of the PEC meeting of May 23, 2016. The Council did not call-up the PEC decision, but some Council members expressed concern with making significant changes to the GRFA policy. The Council wanted to allow the PEC and staff time to work through the issues raised during the appeal. On June 13, 2016, the PEC reviewed a number of options for clarifying the code. The PEC directed staff to move forward with the proposed code amendment, listed as Option #1 in the staff memo of June 13, 2016. As a work session, there was not a formal motion or vote. • Option #1 (from June 13, 2016 meeting) included adding the following sentence to the existing code: "For the purposes of basement GRFA exclusions only, each dwelling unit shall be considered a separate structure, and each structure shall have its own lowest level." No other changes were proposed at the time. On June 27, 2016 the PEC began formal review of this application. The Commission supported measuring each unit in a duplex separately. The Commission had mixed reactions to measuring the grade at a party wall compared to the entire perimeter of the duplex structure. Some Commissioners also supported allowing a step in the lowest level, based on past interpretations of the Town Code, which is not currently codified. During the PEC/DRB update on August 2, 2016, some members of the Town Council reiterated concerns over making significant changes to the Town Code related to GRFA. On August 8, 2016 the PEC expressed concerns with the proposals presented by staff and the potential impacts of the proposed changes. Some members of the PEC indicated that the 6' step was an arbitrary number that may not work in some duplex situations. IV. APPLICABLE PLANNING DOCUMENTS Title 12 — Zoning Regulations, Vail Town Code Section 3-7 Amendment (in part) A. Prescription: The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended, or repealed by the town council in accordance with the procedures prescribed in this chapter. B. Initiation: 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. Town of Vail Page 3 October 18, 2016 - Page 77 of 1 2. A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the administrator. V. PROPOSED TEXT AMENDMENT The only proposed change is the codification of the six (6) foot step. This proposal is intended to address the issue of different finished floor levels within a structure but otherwise does not make significant changes to GRFA. It is evident from staff's research and from PEC comments over the past several meetings on this topic that previous code changes would have made the GRFA policy overly complicated and could have created undesirable consequences for some property owners. In an effort to keep the proposed code change in line with a clarification and not a policy change, the Community Development Department recommends that limited aspects of the GRFA regulations be addressed at this time. Should further changes to the policy be needed in the future, and if such changes are supported by the Town Council, staff can return to the PEC at that time. (New code language is shown in bold. Language proposed for removal is shown in strikethre g ) Section 12-15-3: Definition, Calculation, and Exclusions: A. Within the hillside residential (HR), single-family residential (SFR), two-family residential (R), and two-family primary/secondary residential (PS) districts: 1 a (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 lowest level shall be the finished floor level with the lowest U.S. G.S. elevation, including all floor levels within six (6) vertical feet of the lowest level. The percentage deduction calculations shall be rounded to nearest whole percent. The lowest level 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 Town of Vail Page 4 October 18, 2016 - Page 78 of 1 calculations, retaining walls and site walls shall not be considered part of the lowest level 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 crawl space or attic. B. Within the residential cluster (RC), low density multiple -family (LDMF), medium density multiple -family (MDMF), high density multiple -family (HDMF), housing (H), and Vail Village townhouse (VVT) districts: 1 a (7) 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 lowest level shall be the finished floor level with the lowest U.S. G.S. elevation, including all floor levels within six (6) vertical feet of the lowest level. The percentage deduction calculations shall be rounded to nearest whole percent. The lowest level 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 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 crawl space or attic. VI. DISCUSSION ITEMS The goal of the proposed text amendment is to ensure equity, consistency, simplicity, and to eliminate or reduce the creation of nonconformities for existing structures. The proposed changes help to best achieve these goals. As staff continues to research the issues relating to GRFA and measuring each unit as a separate structure, more concerns and potential problems become evident. Many of these issues stem from the treatment of a property as one development site for most development standards, but measuring GRFA separately for the purposes of the basement GRFA exclusion. As previously proposed, the standards were developed based on the premise of one development site with one structure. This included measurements for GRFA, setbacks, site coverage, landscaping, and other development standards. Considering duplexes as separate structures can be problematic. For this reason, staff does not recommend calculating GRFA for these dwelling units separately, but accommodating a change in the finished floor elevation of the lowest levels of the structure. Allowing a step of up to six (6) feet within a structure, whether it is within a dwelling unit, or between dwelling units, has been applied consistently for the past ten (10) years. This number was based on approximately one-half story, or a floor to floor distance of Town of Vail Page 5 October 18, 2016 - Page 79 of 1 twelve(12)feet. Floors that are within six (6) feet of the lowest level were determined to be on the same floor level. This method allows for structures to respond to site topography, while still being close to the lowest level of the structure. The proposed amendment would codify the six (6) foot step allowance. It would also treat single family and duplex structures the same. The proposed method is easier to understand than previous proposals and eliminates the need to measure the grade at the party wall of each duplex structure. Additionally, because this method is more consistent with the current code and measurement methodologies, it is less likely to create nonconformities with existing properties. This proposal would not, however, measure each side of a duplex as its own structure. VII. CONCERNS The proposed code amendment originated with the intent of clarifying that each dwelling unit is considered its own structure for purposes of the GRFA basement exclusion. 1. The proposal is a not a policy change. This proposal is not a policy change, but is rather an amendment to clarify the measurement methods that staff has been using and which has been previously used by many members of the development and design community. 2. Creation of nonconformities The adoption of this amendment should not result in the creation of nonconformities on existing developed properties. In addition, this amendment will not significantly change the expectations of GRFA and development rights, as the amendment is consistent with recent decisions. 3. Impacts on multi -family and townhome properties The proposed change will not result in a deviation from the existing approach to GRFA on multi -family and townhome style developments. 4. Measuring party walls The proposal to allow a six (6) foot step does not require measuring the grade at a party wall. 5. Multiple Lowest Levels The proposed language does not deviate from the existing language, which only allows the application of the GRFA basement deduction to the lowest level. The consideration of multiple lowest levels for the GRFA basement deduction is inconsistent with the Town Council's 2004 decision. Town of Vail Page 6 October 18, 2016 - Page 80 of 1 6. Conversion to Single -Family This proposal continues to respect the intent of the GRFA regulations by treating duplex and single-family structures the same. As a result, property conversions would be unaffected. A six (6) foot step is consistent with current measurement methods, and helps to treat a structure the same whether it contains one or more dwelling units. This ensures that the intent of GRFA, which includes the regulation of bulk and mass, is respected. VIII. REVIEW CRITERIA Section 12-3-7(C)(2) of the Zoning Regulations identifies the criteria that the Planning and Environmental Commission must consider before making a recommendation for a change to the text of the code. These criteria include the following: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The proposed text amendment furthers the general and specific purposes of the zoning regulations by allowing a six (6) foot step within a structure, which allows more flexibility in design. This text amendment will codify the actual practice of the design community and staff, which has been in place for several years, and helps to improve the clarity of the code. This text amendment meets the following purposes of the zoning regulations: 12-1-2 A General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 12-1-2 B 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. Staff finds this criterion to be met. 2. The extent to which the text amendment would better implement and better achieve 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 Town of Vail Page 7 October 18, 2016 - Page 81 of 1 The proposed text amendment is compatible with the development objectives of the town. This change will establish clear and consistent language in the Vail Town Code. Following are some of the relevant goals of the Town's Comprehensive Plan: • Goal #1: Vail will continue to manage growth, maintaining a balance between the bulk and mass of residential, commercial and recreational uses to ensure the quality, character, diversity and vitality of the town by ensuring that all regulatory and advisory land use documents are updated and current, providing ease of compliance and enforcement, and uniformity among regulatory and advisory documents. • Goal #3: Ensure fairness and consistency in the development review process. Staff finds this criterion to be met. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The amendment is in response to a lack of clarity within existing regulations. As a matter of practice, staff and the development community have been allowing a six (6) foot step at the lowest level. The proposed text amendment will codify this practice. Staff finds this criterion to be met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The proposed text amendment provides clear terminology within the Vail Town Code so that regulations are consistent with municipal development objectives. As a result, staff finds this criterion to be met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. IX. STAFF RECOMMENDATION Based upon the analysis of the review criteria contained in Section VIII of this memorandum and on the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission make a recommendation to the Vail Town Council to approve the proposed Prescribed Regulations Amendment to Section 12-15-3: Definition, Calculation, and Exclusions. Town of Vail Page 8 October 18, 2016 - Page 82 of 1 If the Planning and Environmental Commission chooses to recommend approval of the proposed text amendment, the Community Development Department recommends the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for Prescribed Regulations Amendments to Section 12-15-3: Definition, Calculation, and Exclusions, Vail Town Code relating to how gross residential floor area (GRFA) is calculated in relation to basements and setting forth details in regard thereto (PEC16-0024)." Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed Prescribed Regulation Amendment, the Community Development Department recommends the Commission makes the following findings: 'Based upon the review of the criteria outlined in Section Vlll of the Community Development Department memorandum dated August 22, 2016, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is 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 2. That the amendment furthers the general and specific purposes of the zoning regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes 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. Town of Vail Page 9 October 18, 2016 - Page 83 of 1 TOWN OF VA10 PLANNING AND ENVIRONMENTAL COMMISSION August 22, 2016, 1:00 PM Vail Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 Call to Order Members Present: Chairman Rediker, Brian Gillette, Henry Pratt, Ludwig Kurz, John Ryan Lockman, Kirk Hansen and Brian Stockmar Absent: None 2. A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-15-3, Definition, Calculations, and Exclusions, Vail Town Code concerning the definition of Gross Residential Floor Area (GRFA) and setting forth details in regard thereto (PEC16-0024). Applicant: Town of Vail Planner: Chris Neubecker Action: Approve Motion: Kurz Second: Lockman Vote: 4-3-0 (Gillette, Stockmar and Hansen opposed) Planning Manager Chris Neubecker provided a summary of the application. Discussion: Chairman Rediker provided opening remarks and opened questions of staff. Rediker opened the public hearing. Mike Suman commented and believes the code language should make a distinction between units, rather than a duplex as one structure. Rollie Kjesbo commented and believes the lowest level language currently proposed is what was always intended. Believes unit separation is important to consider too. Closed public hearing. October 18, 2016 - Page 84 of 1 Stockmar — Approximately how many homes out of 100 homes built in Vail encounter this problem, and would be separated by more than 6 feet? Staff Planner Jonathan Spence — Possibly as high as 20%, but more commonly 5-10%, depending on the location in town. Stockmar — Feels choosing six foot separation allowance is arbitrary and is inclined to not change anything with GRFA at this time. Would like to have a bigger discussion dealing with all of GRFA. Spence — Clarified the intended process with Town Council as a result of today's PEC recommendation. Gillette — Likes the application being applied to all zone districts impacted by GRFA. However, six foot rule is arbitrary. Believes all levels that are subterranean should be deducted from GRFA. Neubecker — A larger GRFA deduction on multiple levels of a home was originally considered and discussed by Town Council when GRFA was amended in 2004, and not supported by Council at that time. Hansen — What was rationale when Council made determination? Neubecker — Unsure due to 2004 occurrence and Town Council ordinance. Gillette — That's why there are term limits and things change. Steep lots are being built - out and this affects more applications now than years ago. Pratt — Does not think this application solves the bigger problem and it contradicts the decision of the PEC on the Michael Suman application and appeal. Allows multiple levels but is not equitable between units. Each side should get credit for their buried space. Feels the six foot rule meets status quo being interpreted by staff, and will send this application to Council. Kurz — Feels the application should go to Council with a recommendation of approval. Hansen — Agrees with Gillette that the application does not solve the problems and does not see the rationale. Lockman — Agrees with many statements but this issue needs to be part of a larger conversation about GRFA. Feels the application does make sense to codify a known and current practice. Rediker — Difficult to address this problem. Does not think underground space should always qualify for a deduction. Agree with staff observations to be careful with code October 18, 2016 - Page 85 of 1 changes. Looking at application before the PEC today is to codify a known practice and that is acceptable. Supports the staff proposal. Kurz — GRFA has served its duty even with all its flaws. Makes motion to approve. Rediker - Question for staff pertaining to motion language without specificity to the 6 foot language that is proposed. Neubecker suggested an amendment to the motion to specifically reference proposed code language on pages 4 and 5 of the staff memo, which adds the sentence "The lowest level shall be the level with the lowest U.S.G.S. elevation, including all floor levels within six (6) vertical feet of the lowest level." Motion amended by Kurz as recommended by planning staff, to include reference to the proposed text amendment language on pages 4 and 5 of the staff memo. 3. Approval of Minutes August 8, 2016 PEC Meeting Results Action: Approve Motion: Stockmar Second: Kurz Vote: 7-0 4. Informational Update Beavers and the Habitat They Create - Pete Wadden — To be heard at future meeting Conservation Easements - Brian Garner Garner gave general overview of conservation easements, their purpose, types of easements, and benefits of easements. Conservation easements can be used to protect environmental features of a site, and may provide tax benefits to the property owner. Majority of conservation easements are granted to non-governmental organizations. There are about 3,000 conservation easements in Colorado; 58 conservation easements in Eagle County, many with Eagle Valley Land Trust. There are 5 conservation easements in Vail. Some easements allow public access, others do not. Stockmar — Aware of a parcel that is a prime candidate for a conservation easement, about 60% wetlands, basically unbuildable. Homeowners Association cannot agree on what to do with the land, it's +/- 6 acres. 5. Adjournment Action: Kurz Motion: Lockman Second: Kurz Vote: 7-0 October 18, 2016 - Page 86 of 1 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 48- hour notification. Please call (970) 479-2356, Telecommunication Device for the Deaf (TDD), for information. Community Development Department October 18, 2016 - Page 87 of 1 TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 22, Series of 2016, Second Reading, An Ordinance Repealing and Reenacting Chapter 4 of Title 5 of the Vail Town Code, Concerning Smoking PRESENTER(S): Craig Bettis, Commander, Vail Police ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance No. 22, 2016 upon second reading. BACKGROUND: In 2006, the Colorado legislature passed the Colorado Clean Indoor Air Act, C.R.S. § 25-14-201, et seq. (the "CCIAA"), which provides that a municipality may enact, adopt, and enforce smoking regulations that are no less stringent than state law. The Town Council desires to repeal and reenact Chapter 4 of Title 5 of the Vail Town Code to comply with the CCIAA and to regulate electronic smoking devices. ATTACHMENTS: Description Memo Ord. No. 22, Code Amendments Smoking Smoking Ordinance Options Ordinance No. 22, Series of 2016 October 18, 2016 - Page 88 of 1 TOWN OF 75 South Frontage Road West Vail, Colorado 81657 vailgov.com/police To: Vail Town Council Stan Zemler, Town Manger From: Dwight Henninger, Chief of Police Craig Bettis, Commander Date: October 18, 2016 Subject: Proposed Smoking/Vaping Code 1y P,°Lr AQ' A �� y G1i�EF ZaF_S � �AARt044 Office of the Chief of Police 970.479.2218 970.479.2216 fax The Town Attorney has drafted a number of outdoor options for the Council to consider, which would prevent smoking/vaping outside in some parts of the Village and Lionshead core districts. Similar laws have been passed in Boulder and Ft. Collins with mixed results. Boulder's ordinance is primarily for the Pearl Street Mall/Civic Center area and they report some improvement after a significant education campaign and warnings from the Police. Tickets have begun to be issued, many of which have resulted in failure to appears, which result in custodial arrests. Ft. Collins also limited smoking to within 20 feet of decks and entrances; they too have conducted a significant education program, but have not seen as much success. Complaints of non-compliance are regular to the Police Department and have resulted in conflictual situations with officers. The signs initially installed were not clear enough to citizens and guests; they were replaced with much more direct messaging. If the ordinance is adopted, with the additional location restrictions, Council could consider removing or reducing the Town restrictions after a certain time of the evening such as 10 or 11 PM till 3 AM and use the State baseline regulations during these night time hours. This would provide an opportunity for smokers who are a part of the Town's night life a place to smoke, so long as they comply with the State laws. This would significantly reduce the potential conflicts with officers and intoxicated bar guests, who may be used to being able to smoke on the streets of their home communities. Adopt the proposed ordinance, which will create no smoking/vaping in some areas of our two villages. This may increase negative contacts with the Police in which friendly attempts at enforcement could escalate into serious altercations. It may also increase costs of court and jail time for municipal smoking offenses. In addition, there would be costs required to conduct an educational campaign and related signage to notify citizens of our laws. There should not be a false expectation of strict enforcement of this new ordinance by law enforcement. Signage and friendly warnings are our recommendations. October 18, 2016 - Page 89 of 1 "Public Places" Not Currently Covered by Ordinance No. 22, 2016 1. Lift lines 2. Chairlifts/gondolas 3. Outdoor Parks, open space, and recreation areas 4. Skate parks 5. Soccer fields 6. Ball fields 7. Playgrounds 8. Any vehicle owned or operated by the Town 9. Stadiums 10. Grandstands 11. Pedestrian areas of Vail Village and Lionshead Village 12. Sidewalks 13. 15 feet form trails, Multi -use recreation paths 14. 15 feet from all transit stops and platforms October 18, 2016 - Page 90 of 1 ORDINANCE NO. 22 SERIES 2016 AN ORDINANCE REPEALING AND REENACTING CHAPTER 4 OF TITLE 5 OF THE VAIL TOWN CODE, CONCERNING SMOKING WHEREAS, in 2006, the Colorado legislature passed the Colorado Clean Indoor Air Act, C.R.S. § 25-14-201, et seq. (the "CCIAA"), which provides that a municipality may enact, adopt, and enforce smoking regulations that are no less stringent than state law; and WHEREAS, the Town Council desires to repeal and reenact Chapter 4 of Title 5 of the Vail Town Code to comply with the CCIAA and to regulate electronic smoking devices. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 4 of Title 5 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: CHAPTER 4 SMOKING 5-4-1: DEFINITIONS: ELECTRONIC SMOKING DEVICE: An electric or battery-operated device, the use of which resembles conventional smoking, which can be used to deliver substances, including without limitation nicotine, tobacco, or marijuana, to the person using such device. Electronic smoking device includes without limitation an electronic cigarette, cigar, cigarillo, pipe, or hookah, but does not include any product approved by the U.S. Food and Drug Administration as a drug or medical device that is used in accordance with its purpose. EMPLOYEE: Any person who is employed by any employer. EMPLOYER: Any person, partnership or corporation, including a municipal corporation, who employs the services of any person. ENCLOSED AREA: All space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of doors or passageways) which extend from floor to ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid or similar structures. ENTRYWAY: The front or main doorway leading into a building. MINOR: A person under eighteen (18) years of age. NICOTINE PRODUCT: An electronic device or any component thereof that can be used to deliver nicotine to the person inhaling from the device, including, without limitation, an electronic cigarette, cigar, cigarillo, hookah, pipe or nicotine vaporizer; and nicotine or other chemical liquids, extracts, and oils intended to be used therein. Ordinance No. 22, Series of 2016 October 18, 2016 - Page 91 of 1 PLACE OF EMPLOYMENT: Any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment. PUBLIC PLACE: Any enclosed area in which the general public is permitted, including without limitation: convention halls, covered parking structures, public or private educational facilities, childcare facilities, adult daycare or medical or healthcare facilities, hospitals, gymnasiums, post offices, guest rooms in commercial lodging establishments, laundromats, performance halls, polling places, professional offices, public transportation facilities, taxis, reception areas, restaurants, bars, retail food production and marketing/grocery establishments, retail service establishments, retail stores, indoor sports arenas, bowling alleys, billiard or pool halls, and theaters; every room, chamber or place of meeting or public assembly; all areas of an establishment that are open to, or customarily used by, the general public, including without limitation elevators, restrooms, lobbies, reception areas, hallways, waiting rooms and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes and other multiple unit residential or commercial lodging establishments; and any private residence when in use as a child care, adult daycare, or health care facility. RETAIL TOBACCO STORE: A retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. SMOKING: The lighting of any cigarette, cigar, pipe, or the activation of an electronic smoking device, or the possession of any lighted cigarette, cigar, pipe or activated electronic smoking device, regardless of its composition. TOBACCO PRODUCT: A product that contains tobacco or is derived from tobacco and is intended to be ingested, inhaled, smoked, placed in oral or nasal cavities, or applied to the skin of an individual, including, without limitation, cigarettes, cigars, cigarillos, kreteks, bidis, hookah, and pipes; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff and snuff flour, snus, plug and twist, fine cut, and other chewing or dipping tobacco; shorts, refuse scraps, clippings, cuttings, and seepings of tobacco; and any other kinds and forms of tobacco, prepared in such manner as to be suitable for both chewing or for smoking in a cigarette, pipe, or otherwise, or both for chewing and smoking. WORK AREA: An area in a place of employment where one or more employees are routinely assigned and perform services for or on behalf of their employer. 5-4-2: SMOKING PROHIBITED: A. Public Places. Smoking is prohibited in any public place. B. Entryways: Smoking is prohibited within fifteen (15) feet of any entryway. C. Outdoor eating areas. Smoking it prohibited within fifteen (15) feet of any outdoor eating area. Ordinance No. 22, Series of 2016 October 18, 2016 - Page 92 of 1 D. Posted Areas. Smoking is prohibited in designated "no smoking" areas as set forth in Sections 5-4-3 and 5-4-5. E. Other Areas. Smoking is prohibited in those areas where smoking is prohibited by state law, fire code regulations, or other regulations of the Town. 5-4-3: SMOKING PERMITTED: A. Smoking is permitted in the following places: 1. Private homes except if any such home or vehicle is being used for childcare or daycare or if a private vehicle is being used for the public transportation of children; 2. Private automobiles; 3. Limousines under private hire; 4. Commercial lodging including without limitation hotel or motel rooms rented to one or more guests and designated as smoking rooms; provided, however, that not more than twenty-five (25%) percent of the rooms rented in a hotel, or motel may be so designated; 5. Retail tobacco stores; 6. A place of employment that is not open to the public and that is under the control of an employer that employs three (3) or fewer employees; 7. Smoking by performers as part of a stage production at a theater; and 8. Areas of assisted living facilities that are designated for smoking for residents; that are fully enclosed and ventilated and to which access is restricted to the residents and their guests. B. Notwithstanding any other provision of this Section, an owner, operator, manager or other person who controls an establishment, facility or grounds described in this Section may declare the entire establishment, facility or grounds smoke-free. C. In the case of employers who own facilities otherwise exempted under this Section, each such employer shall provide a smoke-free work area for each employee requesting not to have to breathe environmental tobacco smoke. Every employee shall have a right to work in an area free of environmental tobacco smoke. 5-4-4: DISCRIMINATION OR RETALIATION UNLAWFUL: It is unlawful for an employer, proprietor or person in charge of a public place or place of employment regulated under this Chapter to discharge, discriminate Ordinance No. 22, Series of 2016 October 18, 2016 - Page 93 of 1 against or in any manner retaliate against any person who requests the designation of "no smoking" areas or enforcement of "no smoking" areas. 5-4-6: MINORS: A. It is unlawful for a minor to possess, consume, or use a tobacco product or nicotine product in the Town. B. It is unlawful for a minor to purchase, obtain or attempt to purchase or obtain a tobacco product or nicotine product in the Town by misrepresentation of age or by any other method. C. It is unlawful for a person to knowingly furnish to a minor in the Town, by gift, sale or any other means, a tobacco product or nicotine product. D. It is a rebuttable presumption that the substance within a package or container is a tobacco product or nicotine product if the package or container has affixed to it a label which identifies the package or container as containing a tobacco or nicotine product. E. It is an affirmative defense to a prosecution under this Section that the person furnishing the tobacco product or nicotine product was presented with and reasonably relied upon a document which identified the minor receiving the tobacco product or nicotine product as being eighteen (18) years of age or older. 5-4-7: VIOLATION AND PENALTY: A. It is unlawful to violate any provision of this Chapter. B. The penalty for a violation of this Chapter shall be as provided in Section 1-4-1 of this Code. 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 affect the validity of the remaining portions of this ordinance; and the 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 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Vail Town Code 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 ordinance previously repealed or superseded unless expressly stated herein. Ordinance No. 22, Series of 2016 October 18, 2016 - Page 94 of 1 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 ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of September, 2016 and a public hearing for second reading of this Ordinance is set for the 4th day of October, 2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 18th day of October, 2016. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 22, Series of 2016 October 18, 2016 - Page 95 of 1 TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 26, Series of 2016, Second Reading, An ordinance amending Sections 12-2: Defninitions and 14-10: Design Review Standards and Guidelines related to the Regulation of Greenhouses and Hoop Houses PRESENTER(S): Jonathan Spence, Planner ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 26, Series of 2016 upon second reading. BACKGROUND: It is the intent of the amendment to provide opportunities for residents to participate in growing food or ornamental crops within a minimal regulatory framework while reducing the potential impact on neighboring properties. STAFF RECOMMENDATION: The Planning and Environmental Commission (PEC) held a public hearing on the proposed Prescribed Regulations Amendment on September 12, 2016 where a recommendation for approval was forwarded to the Vail Town Council by a vote of 4-2 (Stockmar and Gillette opposed). ATTACHMENTS: Description Staff Memorandum Ordinance No. 26, Series of 2016 Planning and Environmental Commission Staff Memorandum, 09-12-2016 Planning and Environmental Commission Minutes, 09-12-2016 Community Development Memorandum concerning Greenhouses, presented to Vail Town Council on August 2, 2016 October 18, 2016 - Page 96 of 1 rowN ofvain ") Memorandum To: Vail Town Council From: Community Development Department Planning and Environmental Commission Date: October 18, 2016 Subject: Second Reading of Ordinance No. 26, Series of 2016. Amendments to Sections 12-2: Definitions and 14-10: Design Review Standards and Guidelines related to the regulation of greenhouses and hoop houses/cold frames. (PEC16-0032) Applicant: Town of Vail Planner: Jonathan Spence I. SUMMARY The purpose of this memorandum is to propose to the Vail Town Council a Prescribed Regulations Amendment to Sections 12-2: Definitions and 14-10: Design Review Standards and Guidelines related to the proposed regulation of greenhouses and hoop houses/cold frames. It is the intent of the amendment to provide opportunities for residents to participate in growing food or ornamental crops within a minimal regulatory framework while reducing the potential impact on neighboring properties. The Vail Town Code currently has a limited reference to greenhouses and no distinction between these types of accessory structures and others such as playhouses, toolsheds or garages. Because of a heightened interest in growing food for personal consumption, the amendment has been proposed to: Provide definitions for Greenhouses and Hoop Houses/Cold Frames Provide minimal standards related to the design, placement and operation of these accessory structures. Afford the Design Review Board flexibility in reviewing the design and materials of a proposed greenhouse, formerly required to be constructed out of the same or similar materials as the primary structure. The Planning and Environmental Commission (PEC) held a public hearing on the proposed Prescribed Regulations Amendment on September 12, 2016 where a recommendation for approval was forwarded to the Vail Town Council by a vote of 4-2 (Stockmar and Gillette opposed). October 18, 2016 - Page 97 of 1 II. BACKGROUND The Community Development Department has experienced an increase in requests from residents interested in utilizing accessory structures for food production in addition to an increase in the number of concerns expressed by neighbors about non -permitted accessory structures. In response, staff prepared and presented a summary of existing Town of Vail regulations concerning these types of structures and a synopsis of other communities' approaches. This memo, presented to the Vail Town Council on August 2, 2016, is included as Attachment C. Although no specific direction was offered by the Town Council, staff felt that community interest coupled with a lack of regulations specific to these types of structures warranted the proposed amendment. III. DESCRIPTION OF THE REQUEST The following amendments are proposed with new language in bold and items to be removed designated by a strikethrough. 12-2-2: DEFINITIONS OF WORDS AND TERMS: GREENHOUSE: An outdoor structure, heated or unheated, constructed primarily of glass or other rigid translucent material, which is devoted to the protection or cultivation of food or ornamental crops. HOOP HOUSE/COLD FRAME: An unheated outdoor enclosure used for the purpose of growing crops and/or for protecting seedlings and plants from cold weather but not containing any mechanical or electrical systems or storage of any items. 14-10-5: BUILDING MATERIALS AND DESIGN: B. The same or similar building materials and colors shall be used on main structures and any accessory structures upon the site. Translucent components of greenhouses shall be exempt from this requirement. 14-10-10: ACCESSORY STRUCTURES; UTILITIES; SERVICE AREAS: G. Greenhouses, when permitted, shall be subject to the following standards: 1. All wall and roofing materials shall be constructed of rigid material and shall not include polyethylene or other similar flexible films. 2. All non -translucent elements including framing and doors shall be painted to be compatible with the site and surrounding buildings. Town of Vail Page 2 October 18, 2016 - Page 98 of 1 3. No internal lighting shall be permitted between the hours of 9:00 P.M. and 6:00 A.M. Exterior lighting shall comply with Section 7 of this Chapter. 4. All greenhouses shall be subject to the development standards for the zone district for which they are located. 5. Greenhouses shall not be used for storage of household items, vehicles, watercraft or other items not associated with the cultivation of food or ornamental crops. H. Hoop House/Cold Frame, when permitted, shall be subject to the following standards: 1. Hoop house%old frame shall be four (4) feet in height or less and be 120 square feet or less in floor area. 2. Hoop houses/cold frames shall meet the Deck (Not Ground Level) setback requirements as defined in Section 1 of Chapter 2 of this title and summarized in Section 1 of Chapter 8 of this title. 3. One hoop house%old frame shall be permitted per dwelling unit. 4. Hoop houses/cold frames shall be exempt from design review. 5. Hoop houses/cold frames shall not be used for storage of any kind. IV. PLANNING AND ENVIRONMENTAL COMMISSION ACTION The Planning and Environmental Commission (PEC) held a public hearing on the proposed Prescribed Regulations Amendment on September 12, 2016 where a recommendation for approval was forwarded to the Vail Town Council by a vote of 4-2 (Stockmar and Gillette opposed). Although the PEC as a body forwarded a recommendation of approval, individual members voiced varied concerns regarding the proposal that were not shared by the majority. These concerns include: • Hoop Houses/Cold Frames should be subject to design review, in contrast to the proposal. • Additional regulations beyond setbacks concerning the visibility of Hoop Houses/Cold Frames are necessary. • How will a lack of general upkeep or unsightly enclosures be handled? • If design review is required for Hoop Houses/Cold Frames, the fee should be waived. • Lighting should be prohibited in greenhouses at all times. V. ACTION REQUESTED OF THE VAIL TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 26, Series of 2016 upon second reading. Town of Vail Page 3 October 18, 2016 - Page 99 of 1 VI. ATTACHMENTS A. Ordinance No. 26, Series of 2016 B. Planning and Environmental Commission Staff Memorandum, 09-12-2016 C. Planning and Environmental Commission Minutes, 09-12-2016 D. Community Development Memorandum concerning Greenhouses, presented to Vail Town Council on August 2, 2016 Town of Vail Page 4 October 18, 2016 - Page 100 of ORDINANCE NO. 26 SERIES 2016 AN ORDINANCE AMENDING SECTIONS 12-2: DEFINITIONS AND 14-10: DESIGN REVIEW STANDARDS AND GUIDELINES RELATED TO THE REGULATION OF GREENHOUSES AND HOOP HOUSES/COLD FRAMES. WHEREAS, the Vail Town Council wishes to provide opportunities for residents to participate in growing food or ornamental crops within a minimal regulatory framework while reducing the potential impact on neighboring properties; WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed prescribed regulations amendment and on September 12, 2016 submitted its recommendation to the Vail Town Council; WHEREAS, the Vail Town Council finds that the proposed amendment is 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; WHEREAS, the Vail Town Council finds that the amendment furthers the general and specific purposes of the zoning regulations; WHEREAS, the Vail Town Council finds that the amendment promotes the health, safety, morals and general welfare of the town and promotes 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 of the Vail Town Code is hereby amended as follows: Sec. 12-2-2: Definitions of Words and Terms. GREENHOUSE: An outdoor structure, heated or unheated, constructed primarily of plass or other rigid translucent material, which is devoted to the protection or cultivation of food or ornamental crows. HOOP HOUSE/COLD FRAME: An unheated outdoor enclosure used for the purpose of growing crops and/or for protecting seedlings and plants from cold weather but not containing any mechanical or electrical systems or storage of any items. 1 October 18, 2016 - Page 101 of Section 2. Section 14-10-5 of the Vail Town Code is hereby amended as follows: Sec. 14-10-5: Building Materials and Design. B. The same or similar building materials and colors shall be used on main structures and any accessory structures upon the site. Translucent components of greenhouses shall be exempt from this requirement. Section 3. Section 14-10-10 of the Vail Town Code is hereby amended as follows: Sec. 14-10-10: Accessory Structures; Utilities; Service Area. G. Greenhouses, when permitted, shall be subiect to the followinq standards: 1. All wall and roofina materials shall be constructed of riaid material and shall not include polyethylene or other similar flexible films. 2. All non -translucent elements including framinq and doors shall be painted to be compatible with the site and surrounding buildings. 3. No internal lighting shall be permitted between the hours of 9:00 P.M. and 6:00 A.M. Exterior lighting shall comply with Section 7 of this Chapter. 4. All greenhouses shall be subiect to the development standards for the zone district for which they are located. 5. Greenhouses shall not be used for storage of household items, vehicles, watercraft or other items not associated with the cultivation of food or ornamental crops. H. H000 House/Cold Frame. when aermitted. shall be subiect to the followina standards: 1. Hoop house%old frame shall be four (4) feet in height or less and be 120 square feet or less in floor area. 2. Hoop houses/cold frames shall meet the Deck (Not Ground Level) setback requirements as defined in Section 1 of Chapter 2 of this title and summarized in Section 1 of Chapter 8 of this title. 3. One hoop house%old frame shall be permitted per dwelling unit. 4. Hoop houses/cold frames shall be exempt from design review. 5. Hoop houses/cold frames shall not be used for storage of an kind. ind. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it 2 October 18, 2016 - Page 102 of 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 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 6. The amendment of any provision of the Vail Town Code 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 ordinance previously repealed or superseded unless expressly stated herein. Section 7. 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 4th day of October, 2016 and a public hearing for second reading of this Ordinance is set for the day of , 2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 18th day of October, 2016. ATTEST: Patty McKenny, Town Clerk 3 Dave Chapin, Mayor October 18, 2016 - Page 103 of 0) rowN of vain Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 12, 2016 SUBJECT: A request for recommendation to the Vail Town Council for a Prescribed Regulations Amendment to Sections 12-2: Definitions and 14-10: Design Review Standards and Guidelines related to the regulation of greenhouses and hoop houses/cold frames. (PEC16-0032) Applicant: Town of Vail Planner: Jonathan Spence I. SUMMARY This is a request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment to Sections 12-2: Definitions and 14-10: Design Review Standards and Guidelines related to the proposed regulation of greenhouses and hoop houses/cold frames. It is the intent of the amendment to provide opportunities for residents to participate in growing food or ornamental crops within a minimal regulatory framework while reducing the potential impact on neighboring properties. Based upon staff's review of the criteria outlined in Section VI of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for the proposed Prescribed Regulations Amendment. II. DESCRIPTION OF REQUEST It is the intent of the amendment to provide opportunities for residents to participate in growing food or ornamental crops within a minimal regulatory framework while reducing the potential impact on neighboring properties. The Vail Town Code currently has a limited reference to greenhouses and no distinction between these types of accessory structures and others such as playhouses, toolsheds or garages. Because of a heightened interest in growing food for personal consumption, the amendment has been proposed to: • Provide definitions for Greenhouses and Hoop Houses/Cold Frames October 18, 2016 - Page 104 of Provide minimal standards related to the design, placement and operation of these accessory structures. Afford the Design Review Board flexibility in reviewing the design and materials of a proposed greenhouse, formerly required to be constructed out of the same or similar materials as the primary structure. It is the intent of the amendment to provide opportunities for residents to participate in growing food or ornamental crops within a minimal regulatory framework while reducing the potential negative impact on neighboring properties III. BACKGROUND The Community Development Department has experienced an increase in requests from residents interested in utilizing accessory structures for food production in addition to an increase in the number of concerns expressed by neighbors about non -permitted accessory structures. In response, staff prepared and presented a summary of existing Town of Vail regulations concerning these types of structures and a synopsis of other communities' approaches. This memo, presented to the Vail Town Council on August 2, 2016, is included as Attachment A. Although no specific direction was offered by the Town Council, staff felt that community interest coupled with a lack of regulations specific to these types of structures warranted the proposed amendment. IV. APPLICABLE PLANNING DOCUMENTS Title 12 — Zoning Regulations, Vail Town Code Section 3-7 Amendment (in part) A. Prescription: The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended, or repealed by the town council in accordance with the procedures prescribed in this chapter. B. Initiation: 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. 2. A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the Town of Vail Page 2 October 18, 2016 - Page 105 of property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the administrator. V. PROPOSED TEXT AMENDMENT The following amendments are proposed with new language in bold and items to be removed designated by a strikethrough. 12-2-2: DEFINITIONS OF WORDS AND TERMS: GREENHOUSE: An outdoor structure, heated or unheated, constructed primarily of glass or other rigid translucent material, which is devoted to the protection or cultivation of food or ornamental crops. HOOP HOUSE/COLD FRAME: An unheated outdoor enclosure used for the purpose of growing crops and/or for protecting seedlings and plants from cold weather but not containing any mechanical or electrical systems or storage of any items. 14-10-5: BUILDING MATERIALS AND DESIGN: B. The same or similar building materials and colors shall be used on main structures and any accessory structures upon the site. Translucent components of greenhouses shall be exempt from this requirement. 14-10-10: ACCESSORY STRUCTURES; UTILITIES; SERVICE AREAS: G. Greenhouses, when permitted, shall be subject to the following standards: 1. All wall and roofing materials shall be constructed of rigid construction and shall not include polyethylene or other similar flexible films. 2. All non -translucent elements including framing and doors shall be painted to be compatible with the site and surrounding buildings. 3. No internal lighting shall be permitted between the hours of 9:00 P.M. and 6:00 A.M. Exterior lighting shall comply with Section 7 of this Chapter. 4. All greenhouses shall be subject to the development standards for the zone district for which they are located. 5. Greenhouses shall not be used for storage of household items, vehicles, watercraft or other items not associated with the cultivation of food or ornamental crops. Town of Vail Page 3 October 18, 2016 - Page 106 of H. Hoop House/Cold Frame, when permitted, shall be subject to the following standards: 1. Hoop house%old frame shall be five (5) feet in height or less and be 120 square feet or less in floor area. 2. Hoop houses/cold frames shall meet the Deck (Not Ground Level) setback requirements as defined in Section 1 of Chapter 2 of this title and summarized in Section 1 of Chapter 8 of this title. 3. One hoop house%old frame shall be permitted per dwelling unit. 4. Hoop houses/cold frames shall be exempt from design review. 5. Hoop houses/cold frames shall not be used for storage of any kind. VI. REVIEW CRITERIA Section 12-3-7(C)(2) of the Zoning Regulations identifies the criteria that the Planning and Environmental Commission must consider before making a recommendation for a change to the text of the code. These criteria include the following: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The proposed text amendment furthers the general and specific purposes of the zoning regulations by provide opportunities for residents to participate in growing food or ornamental crops within a minimal regulatory framework while reducing the potential impact on neighboring properties. This text amendment meets the following purposes of the zoning regulations: 12-1-2 A General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 12-1-2 B 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. Town of Vail Page 4 October 18, 2016 - Page 107 of Staff finds this criterion to be met. 2. The extent to which the text amendment would better implement and better achieve 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 The proposed text amendment is compatible with the development objectives of the town. This change will establish clear and consistent language in the Vail Town Code. Following are some of the relevant goals of the Town's Comprehensive Plan: • Goal #1: Vail will continue to manage growth, maintaining a balance between the bulk and mass of residential, commercial and recreational uses to ensure the quality, character, diversity and vitality of the town by ensuring that all regulatory and advisory land use documents are updated and current, providing ease of compliance and enforcement, and uniformity among regulatory and advisory documents. • Goal #3: Ensure fairness and consistency in the development review process. Staff finds this criterion to be met. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The amendment is in response to a lack of clarity within existing regulations. The proposed language provides a regulatory framework for greenhouses and hoop houses/cold frames currently absent and responds to an increased awareness in the community surrounding backyard food production. Staff finds this criterion to be met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The proposed text amendment provides clear terminology within the Vail Town Code so that regulations are consistent with municipal development objectives. The amendment provides opportunities for local food production while limiting possible adverse effects on neighboring properties and community aesthetics. As a result, staff finds this criterion to be met. Town of Vail Page 5 October 18, 2016 - Page 108 of 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VII. STAFF RECOMMENDATION Based upon the analysis of the review criteria contained in Section VI of this memorandum and on the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission make a recommendation to the Vail Town Council to approve the proposed Prescribed Regulations Amendment to 12-2: Definitions and 14-10: Design Review Standards and Guidelines related to the regulation of greenhouses and hoop houses/cold frames. If the Planning and Environmental Commission chooses to recommend approval of the proposed text amendment, the Community Development Department recommends the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for Prescribed Regulations Amendments to Sections 12-2: Definitions and 14-10: Design Review Standards and Guidelines related to the regulation of greenhouses and hoop houses/cold frames. (PEC16- 0032)." Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed Prescribed Regulation Amendment, the Community Development Department recommends the Commission makes the following findings: 'Based upon the review of the criteria outlined in Section VI of the Community Development Department memorandum dated September 12, 2016, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is 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 2. That the amendment furthers the general and specific purposes of the zoning regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes 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. Town of Vail Page 6 October 18, 2016 - Page 109 of VIII. ATTACHMENTS A. Community Development Memorandum concerning Greenhouses, presented to Vail Town Council on August 2, 2016 Town of Vail Page 7 October 18, 2016 - Page 110 of TOW?J OF ffl1 ' PLANNING AND ENVIRONMENTAL COMMISSION September 12, 2016, 1:00 PM Vail Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 1. Call to Order Members Present: Chairman Rediker, Brian Gillette, Ludwig Kurz, John Ryan Lockman, Henry Pratt, and Brian Stockmar Absent: Kirk Hansen 2. A request for recommendation to the Vail Town Council of an application to establish Special Development District No. 41 (Marriott Residence Inn), pursuant to Section 12- 9(A), Special Development Districts, Vail Town Code, to allow for the development of a limited service lodge and deed restricted employee housing units and a conditional use permit for public or commercial parking facilities or structures, located at 1783 North Frontage Road West/Lot 9, Buffehr Creek Resubdivision, and setting forth details in regard thereto. (PEC16-0030). Applicant: Vail Hotel Owner ESHV, LLC, represented by Mauriello Planning Group Planner: Matt Panfil Action: Continue to October 10, 2016 Motion: Kurz Second: Gillette Vote: 6-0-0 Matt Panfil, Town Planner, provided an overview of the request as well as a refresher of the SDD review process. Project includes 170 Limited Service Lodge Units (LSLUs) and 113 Employee Housing Units (EHUs).Staff concerns include building height, more detail on parking operations and tandem parking spaces, mixed-use parking credit, retaining wall heights, lack of porte-cochere, impacts on views, ADA parking spaces, drive aisle width with deliveries, car impacts on lower level EHUs. The applicant requests, and staff recommends, the meeting be tabled to the October 10, 2016 meeting to allow more time for consideration of the request by the public. Chairman Rediker opened the meeting to questions by the Commission for staff. There were no questions of staff. Dominic Mauriello, applicant, provided an introduction and overview of the proposed project. October 18, 2016 - Page 111 Peter Dumon, representative of the Harp Group of Chicago, introduced himself and provided opening remarks on behalf of the development team. Mauriello provided a presentation of the project including: site history, neighborhood context, hotel operations, rental employee housing units, deviations from the underlying zoning, and his anticipated schedule. Rediker opened the meeting to questions by the Commission of the applicant. Pratt: Will the hotel laundry be done on site? Mauriello: Yes. Gillette: What will the decks look like? Will they allow outside storage of bikes, etc.? Dumon: The decks will be slim. Storage for bikes and sporting goods equipment will likely be accommodated in the parking area. There will be no outside storage on decks. Rediker: What consideration was given to snow storage and roof shedding of snow? Mauriello: Deferred to next meeting where greater detail will be provided by the project architect. Rediker: What provisions for visitors/guest parking is being made in light of the residential component of the project? Mauriello: Believes enough parking is being provided to accommodate all the uses proposed due to the parking surplus. Gillette: How will the hotel breakfast operate? Dumon: Marriott Residence Inn brand standard is complimentary breakfast for hotel guests only. They do not serve lunch or dinner, but do provide late afternoon hors d'oeuvres at a Manager's Reception. Rediker: Asked about loading and delivery for use by the residents of the EHUs. Mauriello: There are not many expected day to day deliveries, but a majority will load from the interior of the garage. Rediker: Will EHUs be furnished? Mauriello: No October 18, 2016 - Page 112 of Gillette: Asked about the retaining wall heights and locations. Mauriello: Clarified the location and heights of all retaining walls. Rediker: What is the average height on the north side of the building? Mauriello: About 5 stories on the rear. Referred to a PowerPoint slide. Gillette: Asked to see additional modeling to get a better perspective of heights. Lockman: Asked about the multi -use credit for parking. Mauriello: Believes the credit is valid as applied to this project. Lockman: Asked for more details about the front entrance and exits. Mauriello: Referred to a PowerPoint slide to illustrate the turning movements and plans. Gillette: Who is requiring the turn lane from frontage road? Mauriello: Colorado Department of Transportation (CDOT). Gillette: Does the garage accommodate a pickup truck? Mauriello: Yes. George Ruther: Addressed the frontage road plans and intersection as it pertains to review and approval by CDOT. Gillette: Asked about the frontage road recreation path and connection to Buffehr Creek Road. Mauriello: Addressed the plans and trail system east to west. Rediker: Asked about the EHUs and eligibility and pricing for rental rates. Mauriello: Reviewed the anticipated deed restriction. If there is not enough interest from locals, the units would likely become market rate apartments. Rediker closed questions from the commission and opened public comment. Public comment: Chris Burns, Buffehr Creek Townhomes condo association: The proposal is too dense and too big. Parking and access are inadequate, may lead to backups on October 18, 2016 - Page 113 of road if no other access into garage. The height is too tall and impacts the neighbors, especially at the west end. The setbacks are inadequate. Loading and delivery is inadequate and will impact adjacent roadways. This is not a workable plan. Where will workers park? How will this be built without impacting neighbors? Randy Guererro, Mustang Townhomes: Addressed the compatibility, character and visual integrity of the neighborhood and does not feel the project satisfies those requirements. Believes the applicant's request for real estate transfer tax waiver is inappropriate. Believes the previously approved building plan (Marriott Residence Inn) is acceptable but not the proposed project with EHUs. Believes the applicant is too vague with details and liberally interpreting the codes with the proposal. I have a Gore Range view; will that be impacted? Where will vent fans go, at rear toward neighbors? Northeast corner is going into setbacks. Stay within current codes and guidelines. Pratt: Asked staff the status of the previous approval. Panfil: The previous approval has lapsed. Barbara Brundin, 1995 Chamonix Lane: Agree with comments made so far. Proponent of a new West Vail Master Plan; come up with a vision for this area. Believes the project is too big and dense. She understands the need for employee housing, but it is too much in this location and there is not enough outdoor open space for the residents. Believes the hotel use and the employee housing are incompatible. Deena DiCorpo, President of the association for 1880 Meadow Ridge Road: Concerned that the project is too big for the neighborhood. Gary Weiss: Appealed to the PEC not to violate the forty-eight foot (48') height limit, citing his belief that the project is too tall. Mark Levine, Capstone Townhomes: The project is too big and too tall. It will negatively affect the neighborhood. Chris Romer, Vail Valley Partnership: He is not currently taking a stance on the project, but stated that workforce housing is critical. Mid-level and accessible (non - luxury) lodging option is very important to Vail. Andy Gunion, Hillside Condos: Believes the current proposal is too big and out of character with the neighborhood. The project does not set a good precedent for neighborhood scale. He supports each project independent of each other, but not combined on one small site. Suggests the Town work with the developer to put just employee housing on the site instead. October 18, 2016 - Page 114 of Steve Lindstrom, Vail Local Housing Authority (VLHA): Believes the applicant has responded to community needs for employee housing, lodging, and parking. The VLHA supports the project. George Ruther: Directed the PEC's attention to letters received by community development staff for the record. Rediker: Asked that the letters be included with the next meeting packet for more time to review. Rediker: Closed public comment. Stockmar: Concerned with some aspects of the project but needs more time to study the proposal. Gillette: Agrees with commissioner Stockmar. Believes that perspective photos from behind the property are critical. Need to see that there will be adequate storage. Requested more details about widening the frontage road. A construction staging plan and the location of exterior mechanical equipment are also important to see. Pratt: Disclosed his firm was involved with a prior applicant on the Roost site, and is also trying to resurrect another housing project from 2008 on a different site and may have to recuse himself if that project moves forward. Elements of the plan he likes include: the lodging, EHUs, tandem parking, and underground parking in setbacks/site coverage. He is generally not in favor of establishing an SDD unless a public benefit or better design is provided as a result. He does not favor the design as currently proposed. The building massing is too large without enough plane breaks. Asked staff about deed restrictions for Eagle County residents. Question answered by George Ruther, who cited the rules of eligibility. Pratt favors a plan that includes housing for Eagle County employees only if demand can be met. He feels the project is otherwise too large and too dense. Kurz: Concurred with Commissioner Pratt. He believes the project would have a negative impact on the neighborhood. He requested more details on parking, storage, traffic, etc. Believes the design of the facade does not include enough articulation. Believes the applicant should work more with the neighborhood. Lockman: Asked for clarification about formerly approved plan that lapsed. Question answered by Panfil. Mauriello clarified that the former project was approved and expired in order for the client to help address workforce housing. Lockman believes the site coverage is OK as interpreted. He has concerns with the substantial amount of traffic and associated impacts to the N. Frontage Road. He likes the concept of employee housing, but believes the building height is the biggest concern. Rediker: The bulk and mass of the building and lot density are too much. He appreciates the applicant's unique approach to address employee housing, but the October 18, 2016 - Page 115 of current proposal does not work. He would like to see better design elevations, more detailed perspective of height as viewed from vicinity, and for the applicant to address loading and delivery separately for the hotel use and residences. EHUs should be ensured to go to locals and not second homeowners. He also would like to see the location of exterior equipment and venting and how those would impact views of the neighborhood. He has concerns with commercial laundry machine venting as well. He also wants to see a plan for snow shedding from the roof and snow storage and management. A construction staging plan is needed. A future site visit is warranted. Gillette: The applicant should superimpose comparative imagery to give better perspective as to the proposed building. Compare to other large buildings on N. Frontage Road, such as Simba Run and Vail Run. 3. A request for recommendation to the Vail Town Council for prescribed regulations Amendment to Sections 12-2: Definitions, 12-11: Design Review, 12-15: Gross Residential Floor Area, 12-16: Conditional Use Permits and 12-17: Variances related to the joint property owner submittal requirement. (PEC16-0031) Applicant: Town of Vail Planner: Jonathan Spence Action: Approve Motion: Stockmar Second: Lockman Vote: 6-0-0 Staff Planner Jonathan Spence provided an overview of the proposed prescribed regulations amendment. Chairman Rediker opened the meeting to questions for Staff: Stockmar: How has the lack of a definition created uncertainty and has it led to arbitrary decisions or created inconsistency? Spence: More of a clarification. Pratt: Asked for clarification about the terminology in its application. Spence: Provided example to illustrate its application. Gillette: Asked for clarification when it is in an SDD. Spence: Provided SDD example to address the question. Opened public hearing. No public testimony. October 18, 2016 - Page 116 of Commissioner comment: Lockman: Agrees with amendment. Kurz: OK with the proposal. Pratt: Not comfortable with the proposal, but if town staff finds it necessary, then is OK with it. Gillette: Does not agree with a neighbor having to approve adjacent property owner's project. Thinks the bigger policy issue should be fixed. Stockmar: Generally OK with the clarification. Rediker: Asked why "driveways" is not included in definition of "development lot." Asked to clarify whether the language is intended to now apply only to structures. Otherwise feels the modification is beneficial and provides clarity. Gillette: Asked about notification requirements for DRB applications. Stockmar: Asked whether this affects covenants. Spence: No. Those are private, civil agreements. Gillette: Perhaps the process should involve co -applicants, rather than adjacent owner sign -off. 4. A request for recommendation to the Vail Town Council for prescribed regulations Amendment to Sections 12-2: Definitions and 14-10: Design Review Standards and Guidelines related to the regulation of greenhouses and hoop houses/cold frames. (PEC16-0032) Applicant: Town of Vail Planner: Jonathan Spence Action: Approve with condition. Motion: Lockman Second: Kurz Vote: 4-2-0 (Stockmar, Gillette opposed) Condition: 1. Staff shall make the Town Council aware of the concerns expressed by individual PEC members. Staff Planner Jonathan Spence provided an overview of the proposed prescribed regulations amendment through a PowerPoint presentation with examples. October 18, 2016 - Page 117 of Questions for staff: Pratt: Do the changes allow a greenhouse be separated from the main house? Spence: Code currently provides for attached structures such as an attached sunroom. Provided language from code. Pratt: Allows lighting and electrical? Spence: Yes Lockman: Could someone grow cannabis? Spence: No, though marijuana grows are prohibited in another part of the code. Rediker: Do hoop houses and greenhouses have to meet setbacks? Spence: They have to meet specified setback standards. Gillette: Feels cold frames should be more tightly regulated subject to design review. Stockmar: How many situations are there with hoop/green houses to warrant the amendment? Spence: Not often. Stockmar: Perhaps cold frames should not be allowed. Rediker: Do hoop houses and cold frames go together? Or differentiated? Spence: The town code does not have language either way presently. Gillette: Hoop houses and cold frames should be subject to and approved by DRB. Neighbor should not have to look at these uses. Stockmar: Doesn't feel these uses are attractive due to the transparency of the inside use. Should not be visible to neighbors. Public comment: No public testimony. Commissioner comments: Stockmar: Vail character is important and hoop houses and green houses are not compatible. The structures are not befitting of our community. October 18, 2016 - Page 118 of Gillette: Agrees with Commissioner Stockmar. He is OK with green houses. Cold frames should be subject to design review. Pratt: Shares concerns of the commissioners, but respects people's property rights. All should be subject to design review. Feels the variety of translucent materials could be a problem. Concerned with internal lighting and perhaps no internal lighting should be permitted. Kurz: Believe the town should allow for these uses, but is concerned with how we control the uses and to what degree. Otherwise in favor of allowing the practice. Lockmar: In favor of allowing the practice and the Town should encourage local agriculture. In favor of the proposal. Rediker: Generally favors the proposal. Could language be imposed to include a mandate for better materials and ensure better upkeep? Prefers design review but with waived application fees and expedited application process. Pratt: If subject to design review, then neighbor sign off is necessary when at a duplex. Affirmed by staff. Gillette: Pratt wants lighting removed, Stockmar wants screening from adjacent neighbors property added. Rediker design review fees waived. Stockmar: Perhaps the PEC should continue the application for now. There is too much inconsistency among commissioners. Kurz: Suggest staff come back to the PEC with the suggestions discussed. Lockman made motion to approve and Kurz seconded. Pratt suggested an amendment condition that staff relays the PEC's concerns to council. Lockman amended his motion accordingly and Kurz seconded. 5. A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail Town Code, to allow for the future development of Employee Housing Units on the Chamonix parcel located at 2310 Chamonix Road, Parcel B, Resubdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC150019) Table to October 24, 2016 Applicant: Town of Vail Planner: George Ruther Action: Table to October 24, 2016 Motion: Stockmar Second: Kurz Vote: 6-0-0 October 18, 2016 - Page 119 of 6. Approval of Minutes August 22, 2016 PEC Meeting Results Action: Approve Motion: Stockmar Second: Kurz Vote: 6-0-0 7. Informational Update Beavers and the Habitat They Create - Pete Wadden - 20 min. Watershed Education Coordinator Pete Wadden provided a PowerPoint presentation. 8. Adjournment Action: Adjourn Motion: Kurz Second: Gillette Vote: 6-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 48-hour notification. Please call (970) 479-2356, Telecommunication Device for the Deaf (TDD), for information. Community Development Department October 18, 2016 - Page 120 of 0) rowN of Vain' Memorandum TO: Town Council FROM: Community Development Department DATE: August 2, 2016 SUBJECT: Private Greenhouses How are private greenhouses allowed in Vail? Private greenhouses are allowed as Accessory Uses in the following zone districts, and are prohibited in any zone district not listed below: • Hillside Residential (HR) • Single -Family Residential (SFR) • Two -Family Residential (R) • Two -Family Primary/Secondary (PS) • Residential Cluster (RC) • Low Density Multiple -Family (LDMF) • Medium Density Multiple Family (MDMF) • High Density Multiple Family (HDMF) • Housing (H) • Agricultural and Open Space (A) What is an Accessory Use? An accessory use is a use or activity that is subordinate and incidental to a permitted or conditional use found on the same parcel or property. The term "accessory use" also applies to accessory structures. For example, a garage is customarily associated with a residence, but it is smaller in size than the principal use of the land for a residence. An accessory use or structure is not allowed without a principal use. Are greenhouses "accessory structures"? Greenhouses in residential zone districts are an accessory use, and therefore an accessory structure. Like garages, sheds, carports and swimming pools, they are also subject to design review. What existing regulations apply to greenhouses, and other accessory uses or accessory structures? Below are the existing definitions and regulations related to accessory uses: October 18, 2016 - Page 121 Definitions ACCESSORY USE: A use or activity that is subordinate and incidental to a permitted or conditional use. BUILDING: Any structure having a roof supported by columns or walls, or any other enclosed structure, for the housing or enclosure of persons, animals, or property. SEASONAL USE OR STRUCTURE: A temporary covering erected to accommodate or extend educational, recreational, and cultural activities. Such temporary coverings may not be in place for more than seven (7) consecutive months of any twelve (12) month period. For the purposes of this title, a seasonal use Or structure shall not constitute site coverage and shall not be subject to building bulk control standards. Any seasonal use or structure is subject to design review. STRUCTURE - Anything constructed or erected with a fixed location on the ground, but not including poles, lines, cables, or other transmission or distribution facilities of public utilities, or mailboxes or light fixtures. At the discretion of the design review board, swimming pools and tennis courts may be exempted from this definition. 12-4-2: PERMITTED USES: A. Listed Uses Exclusive: The listing of any use as being a permitted use in any particular zone district shall be deemed an exclusion of such use from any other zone district unless expressly permitted as a permitted use, conditional use or accessory use. B. Prohibited If Not Permitted: The permitted uses, conditional uses and accessory uses in the particular districts shall be deemed to be exclusive uses for those districts, and any use not specifically permitted as a permitted use is prohibited unless a determination of similar use is made in accordance with section 12-3-4 of this title. 14-10-5 Building Materials and Design B. The same or similar building materials and colors shall be used on main structures and any accessory structures upon the site. 14-10-10: ACCESSORY STRUCTURES; UTILITIES; SERVICE AREAS: A. Design of accessory structures upon a site shall be compatible with the design and materials of the main structure or structures upon the site. B. Accessory buildings generally should be attached to the main building either directly or by means of a continuous wall, fence or similar feature of the same or a complementary material as the main building's exterior finish. Town of Vail Page 2 October 18, 2016 - Page 122 of C. All utility service systems shall be installed underground. Any utility system the operation of which requires aboveground installation shall be located and/or screened so as not to detract from the overall site design quality. D. All utility meters shall be enclosed or screened from public view. E. Service areas, outdoor storage, and garbage storage shall be screened from adjacent properties, structures, streets, and other public areas by fences, berms, or landscaping. F. Adequate trash storage areas shall be provided. There shall be year round access to all trash storage areas which shall not be used for any other purpose. Is a greenhouse a seasonal use or structure? Should it be? Based on the definitions above, a greenhouse is considered a structure if it is constructed with a fixed location on the ground. Greenhouses that are used year-round are considered a structure. A low, temporary cover used to protect gardens from frost (called a hoop house), which is not affixed to the ground and can be easily moved or dismantle, would be not be considered a structure. Hoop houses are not currently defined in the Vail Town Code. Hoop houses are usually made from plastic or aluminum piping or other material covered with translucent material for the purpose of growing food or ornamental crops. A Seasonal Use or Structure is a temporary covering erected to accommodate or extend educational, recreational, and cultural activities. This is a specific land use permitted as a conditional use only in the Outdoor Recreation (OR) district, and should not be confused with a private greenhouse. The decision of whether a seasonal greenhouse or hoop house should be considered a structure, and should be subject to the regulations for structures (setbacks, height, site coverage, etc.) is a policy decision to be made by elected officials. By defining a greenhouse as a structure, adopted regulations apply, including regulation of design, size, and location. The Community Development Department considers a greenhouse to be an accessory structure, which is regulated by the current Town Code. Any change to the Town Code should include a discussion of the benefits of regulating greenhouses and hoop houses, and the cost, efforts, and amount of staff time involved. Is a building permit required for a greenhouse? — Greenhouses are considered accessory structures, and require a Design Review Board application. Structures over 120 square feet also require building permits. Electrical permits are required for any structure (regardless of size) that has electrical power. If water lines are installed, a plumbing permit is required. A plumbing permit is not required for using a garden hose attached to an existing water line. Where new water lines are installed, a back flow preventer or air gap device is required. Are there different rules for business vs. private greenhouses? • Business use — Current zoning regulations do not permit greenhouses as an accessory use in business districts. Greenhouses could be included as part of the primary use Town of Vail Page 3 October 18, 2016 - Page 123 of (such as a florist, or building materials store), and in such case will need to follow existing design standards, as well as meet required parking, setbacks, site coverage, and other relevant codes. Seasonal Plant Product Business is a conditional use in the Heavy Services (HS) district, which could reasonably be expected to have a greenhouse. • Private use — Where allowed, greenhouses are subject to design review, including materials, setbacks, and other relevant codes. Do Greenhouses they count as GRFA? In residential uses, current regulations count storage areas as GRFA. Greenhouses are a type of storage area, and therefore should be counted as GRFA to be equitable. Permanent vs. Temporary — Determination of temporary vs. permanent is based on the following design characteristics: Is the structure attached to a foundation? Does it have power or water lines connected? (Other than a garden house connected to an existing water line?) • Temporary structures - In residential zone districts, temporary greenhouses used only for personal use could be allowed with less regulation if limited in duration. This may require a code amendment or written policy to clarify when adopted regulations apply. • Permanent structures — Greenhouses installed on foundations, connected to water or electrical power, or installed for more than 6 months, are not temporary and are required to follow design review and other adopted regulations. Attached vs. Detached? — If attached to a home, greenhouses will be considered permanent, and must meet design standards. Detached structures are strongly discouraged, but would still be considered accessory structures, which are regulated. Residential developments are encouraged to have an architecturally integrated structure with unified site development, including compatible building materials, architectural style, scale, roof forms, massing, architectural details, site grading and landscaping materials and features. Are greenhouses allowed in floodplains? Based on current regulations, structures cannot be located within the floodplain. Any structure, temporary or permanent, located within a floodplain would increase flood hazards as these structures can be washed away in a flood and may cause downstream damage or blockage of water flow during a flood event. Questions for the Council to Consider Are existing regulations sufficient? • Do we need to adopt more specific regulations? • What issues are not currently addressed? • Has this issue been raised before? • How often do we expect this issue to come up in the future? • What are the intended, and unintended, consequences of regulating greenhouses? Town of Vail Page 4 October 18, 2016 - Page 124 of Is there currently a problem in the community with private greenhouses? If so, what is the problem? There has not been an overwhelming demand for greenhouses in Vail. Some of these structures currently exist, but applications for greenhouses are rare. Also, existing design guidelines are in place for review of any new applications. There are a few temporary greenhouses and hoop houses in the community, which were constructed without permits. The greenhouses constructed without permits are in violation of the Town Code. Should the Town adopt size limitations, or other design criteria, for greenhouses? If the Town Council would like to place limits on the size or location of greenhouses, additional regulations can be adopted. However, there are already regulations adopted to regulate structure placement, materials and size. Any change to regulations should consider the purposes of a greenhouse, including the design features necessary to make greenhouses successful. For example, the use of large amounts of glass or plastic may be necessary to be useful, but these materials may contrast with the existing materials of the principal structure and design goals of the community. How do other communities regulate greenhouses and hoop houses? Some communities regulate greenhouses and hoop houses as accessory structures, and are subject to the same regulations. Other communities have expressly removed regulations to promote local food growing and to support other community development goals. Following are a few communities that regulate these uses and structures. Boulder, CO • Greenhouses and hoop houses treated as accessory structures • No building permit required under the following conditions: • Maximum 120 square feet • One detached structure allowed on lots less than 0.5 aces in size • Two detached structures allowed on lots larger than 0.5 acres in size Wheat Ridge, CO • Allowed as accessory structures on residentially zoned property • Setbacks and other development standards apply • Permit is required Minneapolis, MN: • No building permit if used for less than 180 days per year • Hoop house allowed as accessory structure, for no more than 180 days • Permanent hoop house subject to site plan review and building code • Hoop house not to exceed four (4) feet in height; not allowed in side yard • Waiver of some regulations for community gardens • Fire Code regulations apply Milwaukee, WI: • Hoop houses require a permit; no fee is required Town of Vail Page 5 October 18, 2016 - Page 125 of Agricultural buildings like hoop houses are exempt from the Wisconsin Commercial Building Code, however the structures are checked to ensure they meet all zoning regulations A hoop house may be no taller than 14 feet at its highest point. The maximum sidewall height is also 14 feet State of New Jersey: Temporary greenhouses and hoop houses are exempt from the Uniform Construction Code, if four criteria are met: • No permanent anchoring system or foundation • No storage of solvents, fertilizers, gases, or other chemical or flammable materials • No wider than 31 feet • Unobstructed path no longer than 150 feet required from any point to a door or fully accessible wall area • Covering materials shall not exceed six (6) mils or 152.4 micrometers • Electrical and mechanical permits may be required • Water backflow preventers required. Town of Vail Page 6 October 18, 2016 - Page 126 of VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: TOWN OF VAIP Ordinance No. 27, Series of 2016, Second Reading, Code Amendments to Sections 12-2: Definitions, 12-11: Design Review, 12-14: Supplemental Regulations, 12-15: Gross Residential Floor Area, 12-16: Conditional Use Permits and 12-17: Variances related to the joint property owner submittal requirement. PRESENTER(S): Jonathan Spence, Planner ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 27, Series of 2016 upon second reading. BACKGROUND: It is the intent of the amendment to clarify and codify existing standard operating procedures related to joint property owner submittal requirements. STAFF RECOMMENDATION: The Planning and Environmental Commission (PEC) held a public hearing on the proposed Prescribed Regulations Amendment on September 12, 2016 where a recommendation for approval was forwarded to the Vail Town Council by a vote of 6-0. ATTACHMENTS: Description Staff Memorandum Ordinance No. 27, Series 2016 Second Reading Planning and Environmental Commission Staff Memorandum, 09-12-2016 Planning and Environmental Commission Minutes, 09-12-2016 October 18, 2016 - Page 127 of To: From: Date: Subject: Memorandum Vail Town Council Community Development Department Planning and Environmental Commission October 18, 2016 Second Reading of Ordinance No. 27, Series of 2016. Amendments to Sections 12-2: Definitions, 12-11: Design Review, 12-14: Supplemental Regulations, 12- 15: Gross Residential Floor Area, 12-16: Conditional Use Permits and 12-17: Variances related to the joint property owner submittal requirement. (PEC16- 0031) Applicant: Town of Vail Planner: Jonathan Spence SUMMARY The purpose of this memorandum is to propose to the Vail Town Council a Prescribed Regulations Amendment to Sections 12-2: Definitions, 12-11: Design Review, 12-14: Supplemental Regulations, 12-15: Gross Residential Floor Area, 12-16: Conditional Use Permits and 12-17: Variances related to the joint property owner submittal requirement. (PEC16-0031) It is the intent of the amendment to clarify and codify existing standard operating procedures related to joint property owner submittal requirements. The Town of Vail requires applications for properties that share dimensional (GRFA, Site Coverage etc.) and/or design (unified architectural and landscape design) standards or guidelines to obtain written approval of the other property owner, owners or applicable owners' association. The new defined term, Development Lot, will assist prospective applicants and property owners in determining when joint property owner approval is required. The Planning and Environmental Commission (PEC) held a public hearing on the proposed Prescribed Regulations Amendment on September 12, 2016 where a recommendation for approval was forwarded to the Vail Town Council by a vote of 6-0. BACKGROUND The Community Development Department strives for rules and regulations that are consistent, enforceable, predictable and easily understood. The current code language October 18, 2016 - Page 128 of related to when written approval of another property owner, owners or applicable owners' association is required is unclear. The existing language does not adequately relay to a prospective applicant or property owner the circumstances when this approval is needed. The proposed language will assist the community in understanding when joint property owner approval is required when making an application. III. DESCRIPTION OF THE REQUEST The following amendments are proposed with new language in bold and items to be removed designated by a strikethrough. 12-2-2: DEFINITIONS OF WORDS AND TERMS: DEVELOPMENT LOT. A delineation of property that may include one or more structures and/or lot(s) that collectively share dimensional and/or design standards or guidelines. Examples include, but are not limited to, a duplex property containing two dwelling units, a condominium complex of one (1) or more buildings or a multi -unit townhome style development that share dimensional (GRFA, Site Coverage etc.) and/or design (unified architectural and landscape design) standards or guidelines. 12-11-4: MATERIAL TO BE SUBMITTED; PROCEDURE B. Conceptual Design Review: Submittal Requirements: The owner or authorized agent of any project requiring design approval as prescribed by this chapter may submit plans for conceptual review by the design review board to the department of community development. The purpose of a conceptual review shall be to give the applicant a basic understanding with respect to the design concept and the compatibility of a proposal with the design guidelines contained within this chapter. This procedure is recommended mainly for those applications of a higher impact than single-family and two-family residences although projects of that nature shall not be excluded the opportunity to request a conceptual design review. The following information shall be submitted for a conceptual review ten (10) days prior to a scheduled design review board meeting: d. Application form. If the nrn eo ;s owned ;n nnmmnn /nnnelomini„m 000nnia inn) or -jointly Mth otheF property owners suGh as d4veways, AIB par. -els oF G par, --e (S in duplex oUbdiyioiono by way of example and not limiter+inn the w4tton approvai of the otheF property owner-, owners or appfiGabie I aSSOGiat shall be requiFed . If the property is owned in common (condominium association) and/or located within a Development Lot, 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. Town of Vail Page 2 October 18, 2016 - Page 129 of C. Preliminary And Final Design Review: 1. The owner or authorized agent of any project requiring design approval as prescribed by this chapter shall submit for final design approval all of the following material to the administrator, unless the administrator determines within five (5) days of a written request for such determination that some of the following material may be excluded: 1. Form And Fee: Application form and appropriate fee. if the nr^nor*„ is owno,� in i^4yeways AIB parGe►s or C parGels in dbWlex su divisions by way of example crrv�vv-cry�� �varo r� ter' �, and not fimitation, the w4tten approval of the other propeily owner-, owners o app►inah►e owners' assonia*ion shall he required If the property is owned in common (condominium association) and/or located within a Development Lot, 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. 12-14-18: BED AND BREAKFAST OPERATIONS: A. Definition: See section 12-2-2 of this title for definition of "bed and breakfast". B. Location And Criteria: Bed and breakfast operations may be allowed as a conditional use in those zone districts as specified in this title. If permitted as a conditional use pursuant to chapter 16 of this title, bed and breakfast operations shall be subject to the following requirements: 5. If a bed and breakfast operation shall use property or facilities owned in common and/or located within a Development Lot, the written approval of the other property owner, owners, or applicable owners' association shall be required the ' assonia+ion shall he requireto be submitted with the application for a conditional use permit. 12-15-4: INTERIOR CONVERSIONS D. Process: Applications shall be made to the department of community development staff on forms provided by the department. Applications for interior conversions to single-family, two-family, primary/secondary or multi -family dwelling units located in a special development district (SDD) pursuant to this section shall also be allowed without amending the GRFA provisions of the SDD. However, properties with GRFA restrictions recorded on the plat for the development shall be regulated according to the plat restrictions unless the plat is modified to remove such restrictions. If the property �s owneel in GOMMOP (condominium aSSOGia" or -jointly with othe property owners SUGh as dfiveways, AIB par -Gels or G par -Gels in duplex subdivisions, by way of example, and not fimitation, the w4tten approval of the other prope owner, owners or applinah►e owners' assoniation shall he required If the property is Town of Vail Page 3 October 18, 2016 - Page 130 of owned in common (condominium association) and/or located within a Development Lot, 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 planning staff will review the application to ensure the proposed addition complies with all provisions of the interior conversion section. Submittals shall include: 12-15-5: ADDITIONAL GROSS RESIDENTIAL FLOOR AREA (250 ORDINANCE): E. Procedure: Application; Content: Application shall be made on forms provided by the department of community development. if the proper*„ is owned in nommen oro�Gels in duplex subdivisions, by way of example, and not limitation, the w4tten approval of the otheF property owner-, owners or appliGable owners accnniatinn shall be required / . If the property is owned in common (condominium association) and/or located within a Development Lot, 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: 12-16-2: APPLICATION; CONTENTS: Application for a conditional use permit shall be made upon a form provided by the administrator. The application shall be supported by documents, maps, plans, and other material containing the following information: owner owners or applicable ownens' assooiation shall be required If the property is owned in common (condominium association) and/or located within a Development Lot, 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. (Ord. 29(2005) § 38: Ord. 24(2000) § 2: Ord. 49(1991) § 1: Ord. 50(1978) § 15: Ord. 30(1978) § 1: Ord. 16(1978) § 4(a): Ord. 8(1973) § 18.200) 12-17-2: APPLICATION INFORMATION REQUIRED: Application for a variance shall be made upon a form provided by the administrator. The application shall be supported by documents, maps, plans, and other material containing the following information: Town of Vail Page 4 October 18, 2016 - Page 131 by way of exampie and not fimitation, the w4tten approval of the other prope owner, owners nr applicable ewnons' assoGiatinn shall be required If the property is owned in common (condominium association) and/or located within a Development Lot, 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. IV. ACTION REQUESTED OF THE VAIL TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 27, Series of 2016 upon second reading. V. ATTACHMENTS A. Ordinance No. 27, Series of 2016 B. Planning and Environmental Commission Staff Memorandum, 09-12-2016 C. Planning and Environmental Commission Minutes, 09-12-2016 Town of Vail Page 5 October 18, 2016 - Page 132 of ORDINANCE NO. 27 SERIES 2016 AN ORDINANCE AMENDING SECTIONS 12-2: DEFINITIONS, 12-11: DESIGN REVIEW, 12-14: SUPPLEMENTAL REGULATIONS, 12-15: GROSS RESIDENTIAL FLOOR AREA, 12-16: CONDITIONAL USE PERMITS AND 12-17: VARIANCES, RELATED TO THE JOINT PROPERTY OWNER SUBMITTAL REQUIREMENT WHEREAS, the Vail Town Council wishes to clarify and codify existing standard operating procedures related to joint property owner submittal requirements. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed prescribed regulations amendment and on September 12, 2016 submitted its recommendation to the Vail Town Council; WHEREAS, the Vail Town Council finds that the proposed amendment is 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; WHEREAS, the Vail Town Council finds that the amendment furthers the general and specific purposes of the zoning regulations; WHEREAS, the Vail Town Council finds that the amendment promotes the health, safety, morals and general welfare of the town and promotes 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 of the Vail Town Code is hereby amended as follows: Sec. 12-2-2: Definitions of Words and Terms DEVELOPMENT LOT: A delineation of property that may include one or more structures and/or lotLs) that collectively share dimensional and/or design standards or guidelines. Examples include, but are not limited to, a duplex property containing two dwelling units, a condominium complex of one (1)o more buildings or a multi -unit townhome style development that share dimensional (GRFA, Site Coverage etc.) and/or design (unified architectural and landscape design) standards or guidelines. Section 2. Section 12-11-4 of the Vail Town Code is hereby amended as follows: 1 October 18, 2016 - Page 133 of 12-11-4: Materials to be Submitted, Procedure B. Conceptual Design Review: Submittal Requirements: The owner or authorized agent of any project requiring design approval as prescribed by this chapter may submit plans for conceptual review by the design review board to the department of community development. The purpose of a conceptual review shall be to give the applicant a basic understanding with respect to the design concept and the compatibility of a proposal with the design guidelines contained within this chapter. This procedure is recommended mainly for those applications of a higher impact than single-family and two-family residences although projects of that nature shall not be excluded the opportunity to request a conceptual design review. The following information shall be submitted for a conceptual review ten (10) days prior to a scheduled design review board meeting: d. Application form. ......... ........... .� ... J......IJ ...... ........ 1.....f......J ........... ......... ..... .......... ...J.., . -- limitations ,n the 4tten ppFeyal of the ether reoem4er , es em4erer nnrly onnl;nohle , wpers' ssoG atiop ohon be equi ed. If the property is owned in common (condominium association) and/or located within a Development Lot, the written approval of the other property owner, owners. or aaalicable owners' association shall be reauired. This can be either in the form of a letter of approval or signature on the application. C. Preliminary And Final Design Review: 1. The owner or authorized agent of any project requiring design approval as prescribed by this chapter shall submit for final design approval all of the following material to the administrator, unless the administrator determines within five (5) days of a written request for such determination that some of the following material may be excluded: Form And Fee: Application form and appropriate fee. if the pro port„ owners suGh nas-d4ile� ,rays, /1 /mac In nr G n rc 1s ; duplesubdivi-sions: >by way of example> the other nrepei lv ow7ner , ,ter r inn -Gable -AW, ern' ac c oGiatien chill e requked. If the property is owned in common (condominium association) and/or located within a Development Lot, 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. 2 October 18, 2016 - Page 134 of Section 3. Section 12-14-18 of the Vail Town Code is hereby amended as follows: Sec. 12-14-18: Bed and Breakfast Operations. A. Definition: See section 12-2-2 of this title for definition of "bed and breakfast". B. Location And Criteria: Bed and breakfast operations may be allowed as a conditional use in those zone districts as specified in this title. If permitted as a conditional use pursuant to chapter 16 of this title, bed and breakfast operations shall be subject to the following requirements: 5. If a bed and breakfast operation shall use property or facilities owned in common and/or located within a Development Lot, the written approval of the other property owner, owners, or applicable owners' association shall be required the w4tten approval of the other property owner owners, nr oppl;nohle owner' 0000njotjen shag he required to be submitted with the application for a conditional use permit. Section 4. Section 12-15-4 of the Vail Town Code is hereby amended as follows: 12-15-4: Interior Conversions D. Process: Applications shall be made to the department of community development staff on forms provided by the department. Applications for interior conversions to single-family, two-family, primary/secondary or multi- family dwelling units located in a special development district (SDD) pursuant to this section shall also be allowed without amending the GRFA provisions of the SDD. However, properties with GRFA restrictions recorded on the plat for the development shall be regulated according to the plat restrictions unless the plat is modified to remove such restrictions. If the property is owned in onmmnn /nnndominium 000nojotjnnl nr jointly with other prnpertnero UGh as e0vewaYS, AIB par -Gels or C par -Gels in duple.y S -w -h -divisions, by way o evomn/eand nolimitation the wr4tten approval of the other prnnerty owner, , t , r , owners or oppljnoh/e owners' 000nnj Lien oho// he required. If the property is owned in common (condominium association) and/or located within a Development Lot, 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 planning staff will review the application to ensure the proposed addition complies with all provisions of the interior conversion section. Submittals shall include: Section 5. Section 12-15-5 of the Vail Town Code is hereby amended as follows: 12-15-5: Additional Gross Residential Floor Area (250 Ordinance): 3 October 18, 2016 - Page 135 of E. Procedure: Application; Content: Application shall be made on forms provided by the department of community development. if the proper*., is owned in eemmnn d4vewa„s or G narnels in duplex subdivisions by way of example and not limitation the written approval of the other property owner owners or applinahle Pers ' assnniation shall he require ,^. if the property is owned in common (condominium association) and/or located within a Development Lot, 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: Section 6. Section 12-16-2 of the Vail Town Code is hereby amended as follows: 12-16-2: Application; Contents: Application for a conditional use permit shall be made upon a form provided by the administrator. The application shall be supported by documents, maps, plans, and other material containing the following information: M sh,livisinns by n,a„ of example and not fimitation, the w4tten approval of the req-uiredlf the property is owned in common (condominium association) and/or located within a Development Lot, the written approval of the other aroaerty owner. owners. or aaalicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. Section 7. Section 12-17-2 of the Vail Town Code is hereby amended as follows: 12-17-2: Application Information Required: Application for a variance shall be made upon a form provided by the administrator. The application shall be supported by documents, maps, plans, and other material containing the following information: subdiWsien, by way of example and not fimitation, the w4tten approval of the other .. .. shall be r,- q u minium association) 0 October 18, 2016 - Page 136 of and/or located within a Development Lot, 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. Section 8. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect 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 9. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 10. The amendment of any provision of the Vail Town Code 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 ordinance previously repealed or superseded unless expressly stated herein. Section 11. 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 4th day of October, 2016 and a public hearing for second reading of this Ordinance is set for the 18th day of October, 2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 18th day of October, 2016. Dave Chapin, Mayor 5 October 18, 2016 - Page 137 of ATTEST: Patty McKenny, Town Clerk October 18, 2016 - Page 138 0) rowN of vain Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 12, 2016 SUBJECT: A request for recommendation to the Vail Town Council for a Prescribed Regulations Amendment to Sections 12-2: Definitions, 12-11: Design Review, 12-14: Supplemental Regulations, 12-15: Gross Residential Floor Area, 12-16: Conditional Use Permits and 12-17: Variances related to the joint property owner submittal requirement. (PEC16-0031) Applicant: Town of Vail Planner: Jonathan Spence SUMMARY This is a proposal to clarify and codify existing standard operating procedures related to joint property owner submittal requirements. The Town of Vail requires applications for properties that that share dimensional (GRFA, Site Coverage etc.) and/or design (unified architectural and landscape design) standards or guidelines to obtain written approval of the other property owner, owners or applicable owners' association. The proposal includes a new defined term, Development Lot, in Section 12-2: Definitions and associated revisions to submittal requirement language in Sections 12-11: Design Review, 12-14: Supplemental Regulations, 12-15: Gross Residential Floor Area, 12-16: Conditional Use Permits and 12-17: Variances. Based upon staff's review of the criteria outlined in Section VI of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for the proposed Prescribed Regulations Amendment. II. DESCRIPTION OF REQUEST This is a request for a recommendation to the Vail Town Council to clarify and codify existing standard operating procedures related to joint property owner submittal requirements. The proposal includes a new defined term, Development Lot, in Section 12-2: Definitions and associated revisions to submittal requirement language in Sections 12-11: Design Review, 12-14: Supplemental Regulations, 12-15: Gross Residential Floor Area, 12-16: Conditional Use Permits and 12-17: Variances. October 18, 2016 - Page 139 of The Town of Vail requires applications for properties that share dimensional (GRFA, Site Coverage etc.) and/or design (unified architectural and landscape design) standards or guidelines to obtain written approval of the other property owner, owners or applicable owners' association. The new defined term, Development Lot, will assist prospective applicants and property owners in determining when joint property owner approval is required. Development Lot: A delineation of property that may include one or more structures and or lot(s) that collectively share dimensional and/or design standards or guidelines. Examples include, but are not limited to, a duplex property containing two dwelling units, a condominium complex of one (1) or more buildings or a multi -unit townhome style development that share dimensional (GRFA, Site Coverage etc.) and/or design (unified architectural and landscape design) standards or guidelines. Currently, the Town of Vail GIS system utilizes the Development Lot concept as an available layer in the online mapping system. The proposed language is consistent with this practice. III. BACKGROUND The Community Development Department strives for rules and regulations that are consistent, enforceable, predictable and easily understood. The current code language related to when written approval of another property owner, owners or applicable owners' association is required is unclear. The existing language does not adequately relay to a prospective applicant or property owner the circumstances when this approval is needed. The proposed language will assist the community in understanding when joint property owner approval is required when making an application. IV. APPLICABLE PLANNING DOCUMENTS Title 12 — Zoning Regulations, Vail Town Code Section 3-7 Amendment (in part) A. Prescription: The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended, or repealed by the town council in accordance with the procedures prescribed in this chapter. B. Initiation: 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. 2. A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the administrator. The petition shall include a summary of the proposed revision of the regulations, or a Town of Vail Page 2 October 18, 2016 - Page 140 of complete description of proposed changes in zone district boundaries and a map indicating the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the administrator. V. PROPOSED TEXT AMENDMENT The following amendments are proposed with new language in bold and items to be removed designated by a strikethrough. 12-2-2: DEFINITIONS OF WORDS AND TERMS: DEVELOPMENT LOT: A delineation of property that may include one or more structures and/or lot(s) that collectively share dimensional and/or design standards or guidelines. Examples include, but are not limited to, a duplex property containing two dwelling units, a condominium complex of one (1) or more buildings or a multi -unit townhome style development that share dimensional (GRFA, Site Coverage etc.) and/or design (unified architectural and landscape design) standards or guidelines. 12-11-4: MATERIAL TO BE SUBMITTED; PROCEDURE B. Conceptual Design Review: Submittal Requirements: The owner or authorized agent of any project requiring design approval as prescribed by this chapter may submit plans for conceptual review by the design review board to the department of community development. The purpose of a conceptual review shall be to give the applicant a basic understanding with respect to the design concept and the compatibility of a proposal with the design guidelines contained within this chapter. This procedure is recommended mainly for those applications of a higher impact than single-family and two-family residences although projects of that nature shall not be excluded the opportunity to request a conceptual design review. The following information shall be submitted for a conceptual review ten (10) days prior to a scheduled design review board meeting: d. Application form. - -- - in duplex sUbdivisions, by way of example and not fimitation, the w property . owners . ownens'aSsoGiat.. propertyshall be Fequired. If the (condominium Town of Vail Page 3 October 18, 2016 - Page 141 association) and/or located within a Development Lot, 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. C. Preliminary And Final Design Review. 1. The owner or authorized agent of any project requiring design approval as prescribed by this chapter shall submit for final design approval all of the following material to the administrator, unless the administrator determines within five (5) days of a written request for such determination that some of the following material may be excluded: 1. Form And Fee: Application form and appropriate fee. If the property is ow-neiJ in eemmen (eende *ium asseeiatien) or ieinthw w4h ether nrenerty owners sue- as delve{ ways A49 na G paFGe�s 44 nl s by way of exampleli and not mitation, unwritten ritten a proyal of t�hTe ether r -enemy owner-, ownersoners er annlioahle ow -Pers' association shall he :enquired. If the property is owned in common (condominium association) and/or located within a Development Lot, 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. 12-14-18: BED AND BREAKFAST OPERATIONS: A. Definition: See section 12-2-2 of this title for definition of "bed and breakfast". B. Location And Criteria: Bed and breakfast operations may be allowed as a conditional use in those zone districts as specified in this title. If permitted as a conditional use pursuant to chapter 16 of this title, bed and breakfast operations shall be subject to the following requirements: 5. If a bed and breakfast operation shall use property or facilities owned in common and/or located within a Development Lot, the written approval of the other property owner, owners, or applicable owners' association shall be required the unwritten approval of the other property owner owners or applicable owners asseniatien shall he requirew! to be submitted with the application fora conditional use permit. 12-15-4: INTERIOR CONVERSIONS D. Process: Applications shall be made to the department of community development staff on forms provided by the department. Applications for interior conversions to single-family, two-family, primary/secondary or multi -family dwelling units located in a special development district (SDD) pursuant to this section shall also be allowed without amending the GRFA provisions of the SDD. However, properties with GRFA restrictions recorded on the plat for the development shall be regulated according to Town of Vail Page 4 October 18, 2016 - Page 142 of the plat restrictions unless the plat is modified to remove such restrictions. -the h„ n,ay of example ali nd not mitation the written approval of the other properi„ , , owner, owners or applicable owners' assoniation oho// he required. If the property is owned in common (condominium association) and/or located within a Development Lot, 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 planning staff will review the application to ensure the proposed addition complies with all provisions of the interior conversion section. Submittals shall include: 12-15-5: ADDITIONAL GROSS RESIDENTIAL FLOOR AREA (250 ORDINANCE): E. Procedure: Application; Content: Application shall be made on forms provided by the department of community development. if the proper)„ is owned in nommon or C par,,-eis in duplex subdiWs�ns, by way of exa pie, and not limitation, the w4tten approval of the other propeo owner owners or applicable nn,nero' , a000niation shag he required. If the property is owned in common (condominium association) and/or located within a Development Lot, 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: 12-16-2: APPLICATION; CONTENTS: Application for a conditional use permit shall be made upon a form provided by the administrator. The application shall be supported by documents, maps, plans, and other material containing the following information: Fln h„ n,o„ of example and nott l�tatF�tnhe wr �other prope owner owners or applicable ow-ners' a000niation shall he required. If the property is owned in common (condominium association) and/or located within a Development Lot, 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. (Ord. 29(2005) § 38: Ord. 24(2000) § 2: Ord. 49(1991) § 1: Ord. 50(1978) § 15: Ord. 30(1978) § 1: Ord. 16(1978) § 4(a): Ord. 8(1973) § 18.200) 12-17-2: APPLICATION INFORMATION REQUIRED: Application for a variance shall be made upon a form provided by the administrator. The Town of Vail Page 5 October 18, 2016 - Page 143 of application shall be supported by documents, maps, plans, and other material containing the following information: G. owner, liowners nr annnahle owners' association shall be e-quirorl If the property is owned in common (condominium association) and/or located within a Development Lot, 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. (Ord. 29(2005) § 39: Ord. 24(2000) § 2: Ord. 49(1991) § 2: Ord. 50(1978) § 15: Ord. 30(1978) § 2: Ord. 8(1973) § 19.200) VI. REVIEW CRITERIA Section 12-3-7(C)(2) of the Zoning Regulations identifies the criteria that the Planning and Environmental Commission must consider before making a recommendation for a change to the text of the code. These criteria include the following: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The proposed text amendment furthers the general and specific purposes of the zoning regulations by clearly informing potential applicants and property owners of the circumstances requiring joint property owner sign off. This text amendment will codify the actual practice of the Community Development Department, and helps to improve the clarity of the code. This text amendment meets the following purposes of the zoning regulations: General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 11. To otherwise provide for the growth of an orderly and viable community. Town of Vail Page 6 October 18, 2016 - Page 144 of Staff finds this criterion to be met. 2. The extent to which the text amendment would better implement and better achieve 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 The proposed text amendment is compatible with the development objectives of the town. This change will establish clear and consistent language in the Vail Town Code. Following are some of the relevant goals of the Town's Comprehensive Plan: Goal #1: Vail will continue to manage growth, maintaining a balance between the bulk and mass of residential, commercial and recreational uses to ensure the quality, character, diversity and vitality of the town by ensuring that all regulatory and advisory land use documents are updated and current, providing ease of compliance and enforcement, and uniformity among regulatory and advisory documents. • Goal #3: Ensure fairness and consistency in the development review process. Staff finds this criterion to be met. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The amendment is in response to a lack of clarity within existing regulations. As a matter of practice, the Community Development Department has required joint property owner sign offs on applications where properties share development and/or design standards. The proposed text amendment will codify this practice. Staff finds this criterion to be met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The proposed text amendment provides clear terminology within the Vail Town Code so that regulations are consistent with municipal development objectives. As a result, staff finds this criterion to be met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. Town of Vail Page 7 October 18, 2016 - Page 145 of VII. STAFF RECOMMENDATION Based upon the analysis of the review criteria contained in Section VI of this memorandum and on the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission make a recommendation to the Vail Town Council to approve the proposed Prescribed Regulations Amendment to Sections 12-2: Definitions, 12-11: Design Review, 12-14: Supplemental Regulations, 12-15: Gross Residential Floor Area, 12-16: Conditional Use Permits and 12-17: Variances related to the joint property owner submittal requirement. (PEC16-0031) If the Planning and Environmental Commission chooses to recommend approval of the proposed text amendment, the Community Development Department recommends the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for Prescribed Regulations Amendment to Sections 12-2: Definitions, 12-11: Design Review, 12-14: Supplemental Regulations, 12-15: Gross Residential Floor Area, 12-16: Conditional Use Permits and 12-17: Variances related to the joint property owner submittal requirement. (PEC16-0031)." Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed Prescribed Regulation Amendment, the Community Development Department recommends the Commission makes the following findings: 'Based upon the review of the criteria outlined in Section Vl of the Community Development Department memorandum dated September 12, 2016, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is 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 2. That the amendment furthers the general and specific purposes of the zoning regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes 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. Town of Vail Page 8 October 18, 2016 - Page 146 of TOW?J OF ffl1 ' PLANNING AND ENVIRONMENTAL COMMISSION September 12, 2016, 1:00 PM Vail Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 1. Call to Order Members Present: Chairman Rediker, Brian Gillette, Ludwig Kurz, John Ryan Lockman, Henry Pratt, and Brian Stockmar Absent: Kirk Hansen 2. A request for recommendation to the Vail Town Council of an application to establish Special Development District No. 41 (Marriott Residence Inn), pursuant to Section 12- 9(A), Special Development Districts, Vail Town Code, to allow for the development of a limited service lodge and deed restricted employee housing units and a conditional use permit for public or commercial parking facilities or structures, located at 1783 North Frontage Road West/Lot 9, Buffehr Creek Resubdivision, and setting forth details in regard thereto. (PEC16-0030). Applicant: Vail Hotel Owner ESHV, LLC, represented by Mauriello Planning Group Planner: Matt Panfil Action: Continue to October 10, 2016 Motion: Kurz Second: Gillette Vote: 6-0-0 Matt Panfil, Town Planner, provided an overview of the request as well as a refresher of the SDD review process. Project includes 170 Limited Service Lodge Units (LSLUs) and 113 Employee Housing Units (EHUs).Staff concerns include building height, more detail on parking operations and tandem parking spaces, mixed-use parking credit, retaining wall heights, lack of porte-cochere, impacts on views, ADA parking spaces, drive aisle width with deliveries, car impacts on lower level EHUs. The applicant requests, and staff recommends, the meeting be tabled to the October 10, 2016 meeting to allow more time for consideration of the request by the public. Chairman Rediker opened the meeting to questions by the Commission for staff. There were no questions of staff. Dominic Mauriello, applicant, provided an introduction and overview of the proposed project. October 18, 2016 - Page 147 of Peter Dumon, representative of the Harp Group of Chicago, introduced himself and provided opening remarks on behalf of the development team. Mauriello provided a presentation of the project including: site history, neighborhood context, hotel operations, rental employee housing units, deviations from the underlying zoning, and his anticipated schedule. Rediker opened the meeting to questions by the Commission of the applicant. Pratt: Will the hotel laundry be done on site? Mauriello: Yes. Gillette: What will the decks look like? Will they allow outside storage of bikes, etc.? Dumon: The decks will be slim. Storage for bikes and sporting goods equipment will likely be accommodated in the parking area. There will be no outside storage on decks. Rediker: What consideration was given to snow storage and roof shedding of snow? Mauriello: Deferred to next meeting where greater detail will be provided by the project architect. Rediker: What provisions for visitors/guest parking is being made in light of the residential component of the project? Mauriello: Believes enough parking is being provided to accommodate all the uses proposed due to the parking surplus. Gillette: How will the hotel breakfast operate? Dumon: Marriott Residence Inn brand standard is complimentary breakfast for hotel guests only. They do not serve lunch or dinner, but do provide late afternoon hors d'oeuvres at a Manager's Reception. Rediker: Asked about loading and delivery for use by the residents of the EHUs. Mauriello: There are not many expected day to day deliveries, but a majority will load from the interior of the garage. Rediker: Will EHUs be furnished? Mauriello: No October 18, 2016 - Page 148 of Gillette: Asked about the retaining wall heights and locations. Mauriello: Clarified the location and heights of all retaining walls. Rediker: What is the average height on the north side of the building? Mauriello: About 5 stories on the rear. Referred to a PowerPoint slide. Gillette: Asked to see additional modeling to get a better perspective of heights. Lockman: Asked about the multi -use credit for parking. Mauriello: Believes the credit is valid as applied to this project. Lockman: Asked for more details about the front entrance and exits. Mauriello: Referred to a PowerPoint slide to illustrate the turning movements and plans. Gillette: Who is requiring the turn lane from frontage road? Mauriello: Colorado Department of Transportation (CDOT). Gillette: Does the garage accommodate a pickup truck? Mauriello: Yes. George Ruther: Addressed the frontage road plans and intersection as it pertains to review and approval by CDOT. Gillette: Asked about the frontage road recreation path and connection to Buffehr Creek Road. Mauriello: Addressed the plans and trail system east to west. Rediker: Asked about the EHUs and eligibility and pricing for rental rates. Mauriello: Reviewed the anticipated deed restriction. If there is not enough interest from locals, the units would likely become market rate apartments. Rediker closed questions from the commission and opened public comment. Public comment: Chris Burns, Buffehr Creek Townhomes condo association: The proposal is too dense and too big. Parking and access are inadequate, may lead to backups on October 18, 2016 - Page 149 of road if no other access into garage. The height is too tall and impacts the neighbors, especially at the west end. The setbacks are inadequate. Loading and delivery is inadequate and will impact adjacent roadways. This is not a workable plan. Where will workers park? How will this be built without impacting neighbors? Randy Guererro, Mustang Townhomes: Addressed the compatibility, character and visual integrity of the neighborhood and does not feel the project satisfies those requirements. Believes the applicant's request for real estate transfer tax waiver is inappropriate. Believes the previously approved building plan (Marriott Residence Inn) is acceptable but not the proposed project with EHUs. Believes the applicant is too vague with details and liberally interpreting the codes with the proposal. I have a Gore Range view; will that be impacted? Where will vent fans go, at rear toward neighbors? Northeast corner is going into setbacks. Stay within current codes and guidelines. Pratt: Asked staff the status of the previous approval. Panfil: The previous approval has lapsed. Barbara Brundin, 1995 Chamonix Lane: Agree with comments made so far. Proponent of a new West Vail Master Plan; come up with a vision for this area. Believes the project is too big and dense. She understands the need for employee housing, but it is too much in this location and there is not enough outdoor open space for the residents. Believes the hotel use and the employee housing are incompatible. Deena DiCorpo, President of the association for 1880 Meadow Ridge Road: Concerned that the project is too big for the neighborhood. Gary Weiss: Appealed to the PEC not to violate the forty-eight foot (48') height limit, citing his belief that the project is too tall. Mark Levine, Capstone Townhomes: The project is too big and too tall. It will negatively affect the neighborhood. Chris Romer, Vail Valley Partnership: He is not currently taking a stance on the project, but stated that workforce housing is critical. Mid-level and accessible (non - luxury) lodging option is very important to Vail. Andy Gunion, Hillside Condos: Believes the current proposal is too big and out of character with the neighborhood. The project does not set a good precedent for neighborhood scale. He supports each project independent of each other, but not combined on one small site. Suggests the Town work with the developer to put just employee housing on the site instead. October 18, 2016 - Page 150 of Steve Lindstrom, Vail Local Housing Authority (VLHA): Believes the applicant has responded to community needs for employee housing, lodging, and parking. The VLHA supports the project. George Ruther: Directed the PEC's attention to letters received by community development staff for the record. Rediker: Asked that the letters be included with the next meeting packet for more time to review. Rediker: Closed public comment. Stockmar: Concerned with some aspects of the project but needs more time to study the proposal. Gillette: Agrees with commissioner Stockmar. Believes that perspective photos from behind the property are critical. Need to see that there will be adequate storage. Requested more details about widening the frontage road. A construction staging plan and the location of exterior mechanical equipment are also important to see. Pratt: Disclosed his firm was involved with a prior applicant on the Roost site, and is also trying to resurrect another housing project from 2008 on a different site and may have to recuse himself if that project moves forward. Elements of the plan he likes include: the lodging, EHUs, tandem parking, and underground parking in setbacks/site coverage. He is generally not in favor of establishing an SDD unless a public benefit or better design is provided as a result. He does not favor the design as currently proposed. The building massing is too large without enough plane breaks. Asked staff about deed restrictions for Eagle County residents. Question answered by George Ruther, who cited the rules of eligibility. Pratt favors a plan that includes housing for Eagle County employees only if demand can be met. He feels the project is otherwise too large and too dense. Kurz: Concurred with Commissioner Pratt. He believes the project would have a negative impact on the neighborhood. He requested more details on parking, storage, traffic, etc. Believes the design of the facade does not include enough articulation. Believes the applicant should work more with the neighborhood. Lockman: Asked for clarification about formerly approved plan that lapsed. Question answered by Panfil. Mauriello clarified that the former project was approved and expired in order for the client to help address workforce housing. Lockman believes the site coverage is OK as interpreted. He has concerns with the substantial amount of traffic and associated impacts to the N. Frontage Road. He likes the concept of employee housing, but believes the building height is the biggest concern. Rediker: The bulk and mass of the building and lot density are too much. He appreciates the applicant's unique approach to address employee housing, but the October 18, 2016 - Page 151 current proposal does not work. He would like to see better design elevations, more detailed perspective of height as viewed from vicinity, and for the applicant to address loading and delivery separately for the hotel use and residences. EHUs should be ensured to go to locals and not second homeowners. He also would like to see the location of exterior equipment and venting and how those would impact views of the neighborhood. He has concerns with commercial laundry machine venting as well. He also wants to see a plan for snow shedding from the roof and snow storage and management. A construction staging plan is needed. A future site visit is warranted. Gillette: The applicant should superimpose comparative imagery to give better perspective as to the proposed building. Compare to other large buildings on N. Frontage Road, such as Simba Run and Vail Run. 3. A request for recommendation to the Vail Town Council for prescribed regulations Amendment to Sections 12-2: Definitions, 12-11: Design Review, 12-15: Gross Residential Floor Area, 12-16: Conditional Use Permits and 12-17: Variances related to the joint property owner submittal requirement. (PEC16-0031) Applicant: Town of Vail Planner: Jonathan Spence Action: Approve Motion: Stockmar Second: Lockman Vote: 6-0-0 Staff Planner Jonathan Spence provided an overview of the proposed prescribed regulations amendment. Chairman Rediker opened the meeting to questions for Staff: Stockmar: How has the lack of a definition created uncertainty and has it led to arbitrary decisions or created inconsistency? Spence: More of a clarification. Pratt: Asked for clarification about the terminology in its application. Spence: Provided example to illustrate its application. Gillette: Asked for clarification when it is in an SDD. Spence: Provided SDD example to address the question. Opened public hearing. No public testimony. October 18, 2016 - Page 152 of Commissioner comment: Lockman: Agrees with amendment. Kurz: OK with the proposal. Pratt: Not comfortable with the proposal, but if town staff finds it necessary, then is OK with it. Gillette: Does not agree with a neighbor having to approve adjacent property owner's project. Thinks the bigger policy issue should be fixed. Stockmar: Generally OK with the clarification. Rediker: Asked why "driveways" is not included in definition of "development lot." Asked to clarify whether the language is intended to now apply only to structures. Otherwise feels the modification is beneficial and provides clarity. Gillette: Asked about notification requirements for DRB applications. Stockmar: Asked whether this affects covenants. Spence: No. Those are private, civil agreements. Gillette: Perhaps the process should involve co -applicants, rather than adjacent owner sign -off. 4. A request for recommendation to the Vail Town Council for prescribed regulations Amendment to Sections 12-2: Definitions and 14-10: Design Review Standards and Guidelines related to the regulation of greenhouses and hoop houses/cold frames. (PEC16-0032) Applicant: Town of Vail Planner: Jonathan Spence Action: Approve with condition. Motion: Lockman Second: Kurz Vote: 4-2-0 (Stockmar, Gillette opposed) Condition: 1. Staff shall make the Town Council aware of the concerns expressed by individual PEC members. Staff Planner Jonathan Spence provided an overview of the proposed prescribed regulations amendment through a PowerPoint presentation with examples. October 18, 2016 - Page 153 of Questions for staff: Pratt: Do the changes allow a greenhouse be separated from the main house? Spence: Code currently provides for attached structures such as an attached sunroom. Provided language from code. Pratt: Allows lighting and electrical? Spence: Yes Lockman: Could someone grow cannabis? Spence: No, though marijuana grows are prohibited in another part of the code. Rediker: Do hoop houses and greenhouses have to meet setbacks? Spence: They have to meet specified setback standards. Gillette: Feels cold frames should be more tightly regulated subject to design review. Stockmar: How many situations are there with hoop/green houses to warrant the amendment? Spence: Not often. Stockmar: Perhaps cold frames should not be allowed. Rediker: Do hoop houses and cold frames go together? Or differentiated? Spence: The town code does not have language either way presently. Gillette: Hoop houses and cold frames should be subject to and approved by DRB. Neighbor should not have to look at these uses. Stockmar: Doesn't feel these uses are attractive due to the transparency of the inside use. Should not be visible to neighbors. Public comment: No public testimony. Commissioner comments: Stockmar: Vail character is important and hoop houses and green houses are not compatible. The structures are not befitting of our community. October 18, 2016 - Page 154 of Gillette: Agrees with Commissioner Stockmar. He is OK with green houses. Cold frames should be subject to design review. Pratt: Shares concerns of the commissioners, but respects people's property rights. All should be subject to design review. Feels the variety of translucent materials could be a problem. Concerned with internal lighting and perhaps no internal lighting should be permitted. Kurz: Believe the town should allow for these uses, but is concerned with how we control the uses and to what degree. Otherwise in favor of allowing the practice. Lockmar: In favor of allowing the practice and the Town should encourage local agriculture. In favor of the proposal. Rediker: Generally favors the proposal. Could language be imposed to include a mandate for better materials and ensure better upkeep? Prefers design review but with waived application fees and expedited application process. Pratt: If subject to design review, then neighbor sign off is necessary when at a duplex. Affirmed by staff. Gillette: Pratt wants lighting removed, Stockmar wants screening from adjacent neighbors property added. Rediker design review fees waived. Stockmar: Perhaps the PEC should continue the application for now. There is too much inconsistency among commissioners. Kurz: Suggest staff come back to the PEC with the suggestions discussed. Lockman made motion to approve and Kurz seconded. Pratt suggested an amendment condition that staff relays the PEC's concerns to council. Lockman amended his motion accordingly and Kurz seconded. 5. A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail Town Code, to allow for the future development of Employee Housing Units on the Chamonix parcel located at 2310 Chamonix Road, Parcel B, Resubdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC150019) Table to October 24, 2016 Applicant: Town of Vail Planner: George Ruther Action: Table to October 24, 2016 Motion: Stockmar Second: Kurz Vote: 6-0-0 October 18, 2016 - Page 155 of 6. Approval of Minutes August 22, 2016 PEC Meeting Results Action: Approve Motion: Stockmar Second: Kurz Vote: 6-0-0 7. Informational Update Beavers and the Habitat They Create - Pete Wadden - 20 min. Watershed Education Coordinator Pete Wadden provided a PowerPoint presentation. 8. Adjournment Action: Adjourn Motion: Kurz Second: Gillette Vote: 6-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 48-hour notification. Please call (970) 479-2356, Telecommunication Device for the Deaf (TDD), for information. Community Development Department October 18, 2016 - Page 156 of VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Adjournment at 8:50 pm TOWN OF VAIP October 18, 2016 - Page 157