Loading...
HomeMy WebLinkAbout2018-09-18 Agenda ans Supporting Documentation Town Council Evening Meeting AgendaVAIL TOWN COUNCIL REGULAR MEETING Evening Agenda Town Council Chambers 6:00 PM, September 18, 2018 TOWN Of 4IAJt 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. Proclamations 2.1. Proclamation No. 7, Series of 2018, Recognizing Library Card Sign-up Month - 35th Anniversary Celebration Presenter(s): Dave Chapin, Mayor, Lori Ann Barnes, Vail Librarian 3. Consent Agenda 3.1. First Chair Path Snowmelt Project Award 4. Town Manager Report 4.1. Town Manager Report Presenter(s): Greg Clifton, Town Manager 5. Presentations / Discussion 5.1. Initial Findings of the West Middle Creek Development Feasibility Report Presentation and Discussion (Middle Creek Subdivision) Presenter(s): George Ruther, Housing Director and Bill Pierce, Pierce Architects Action Requested of Council: What additional information, if any, does the Town Council need to make a determination about future and potential uses of the West Middle Creek Parcel for residential development (Tract A, Middle Creek Subdivision)? Background: The purpose of this memorandum is to present the initial findings of the West Middle Creek Development Feasibility Report (the "Report"). The Report was prepared at the direction of the Vail Town Council to better understand the feasibility of multi -family residential 5 min. 10 min. 20 min. September 18, 2018 - Page 1 of development on the West Middle Creek Site and to obtain additional objective information and data. 6. Action Items 6.1. Ordinance No. 15, Series of 2018, An Ordinance Amending Section 12-10- 15 min. 17, Leasing of Parking Spaces, Vail Town Code Presenter(s): Chris Neubecker, Planning Manager Action Requested of Council: Town Council is asked to provide comments on first reading of the ordinance, including any changes to the ordinance that are needed for second reading. Background: The existing regulations on the leasing of parking spaces in the Town of Vail were first adopted in 1977, and the last significant modification was in 1985. The current regulations are obsolete, and have not resulted in significant applications to lease parking spaces. New technology can help to identify vacant, available parking spaces, but the existing regulations needs to be amended to facilitate, and in some cases legalize, short term leasing of parking. The proposed regulations will open additional areas where short term leasing of parking spaces is allowed, while protecting the character of low density residential neighborhoods. Staff Recommendation: Staff recommends approval of Ordinance No. 15, Series of 2018 on First Reading, and setting the date of October 2, 2018 for Second Reading. 6.2. Ordinance No. 16, Series of 2018, First Reading, An Ordinance Amending 15 min. Chapter 8 of Title 7 of the Vail Town Code Regarding Low -Speed Electric Vehicles and Golf Cars Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 16, Series of 2018 upon first reading. Background: Pursuant to C.R.S. § 42-4-111, the Town is empowered to regulate the operation of low speed electric vehicles and golf cars within its jurisdiction. Review draft legislation which addresses allowing electric vehicles on town streets. Several hotels are currently using electric vehicles to transport skis and guests to the mountain. Topics to consider might include identifying a drop off location as well as identifying which streets would be accessed by these vehicles. 7. Adjournment 7.1. Adjourn at 7:15 p.m. Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.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. September 18, 2018 - Page 2 of TOWN Of 1, VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Proclamation No. 7, Series of 2018, Recognizing Library Card Sign-up Month - 35th Anniversary Celebration PRESENTER(S): Dave Chapin, Mayor, Lori Ann Barnes, Vail Librarian ATTACHMENTS: Description Proclamation No. 7 Vail Public Library September 18, 2018 - Page 3 of September 18, 2018 - Page 4 of TOWN PROCLAMATION Recognizing Library Card Sign-up WHEREAS, a library card is the most WHEREAS, libraries play an important and, WHEREAS, library programs serve help to GED classes; and, WHEREAS, libraries empower all people and achieve their highest potential as learners WHEREAS, librarians bring communities for students of all backgrounds to learn WHEREAS, libraries are constantly needs of the communities they serve; and, WHEREAS, libraries promote equity, accessible to all; and, WHEREAS, Vail Public Library celebrates in 1964 and moving to the municipal building building where the library resides currently. that have brought us to where we are today collections and programs by renewing National Library Card Sign-Up Month. NOW, THEREFORE, the Mayor and Vail proclaim September National Library Card Dated this 18th day of September Vail Town Council (1111 OF VAIL' NO. 7, SERIES OF 2018 Month — 35th Anniversary Celebration important school supply of all; and, role in the education and development of children; students of all ages, from early literacy to homework to pursue their interests, discover their passions and citizens; and, together, creating welcoming and inclusive spaces together; and, transforming and expanding their services to meet the making digital technology and information equally 35 years in its current location — starting in a shop in the 1970's - and finally construction of the We invite the community to come see the changes ; and, celebrate 35 years of library services, your membership or signing up for a library card during Town Council do hereby proclaim our support and Sign-up Month in Vail, CO. 2018. Attest: so r eivcciNG 6c,.\•141.1OF i. 11, k. (C‘If �PoRA O' Dave Chapin, Mayor Patty McKenny, Town Clerk September 18, 2018 - Page 4 of VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: First Chair Path Snowmelt Project Award ATTACHMENTS: Description First Chair Path Snowmelt Memorandum TOWN Of UAIL September 18, 2018 - Page 5 of TOWN OF VAIL' Memorandum To: From: Date: Subject: Vail Town Council Public Works Department September 18, 2018 First Chari Pedestrian Path Snowmelting Project Award I. BACKGROUND The First Chair Pedestrian Path Snowmelt Project is a reconstruction project that will add snowmelt to the pedestrian path between the First Chair housing and the South Frontage Road, from the 1-70 Pedestrian Bridge to the existing snowmelted path along the east side of the First Chair housing. This section has historically been extremely icy due to the shading from the First Chair housing building, and the catalyst for this project is the completion of the Red Sandstone Parking Structure and the anticipation of an increase of pedestrians using this section of path in the winter months. The project was publically bid and received one bid from Icon, Inc., the same contractor completing the Slifer Square Improvements. Construction Budget: Bid: VE: Total Contract Award: $270,000 $335,525 ($ 34,000) $301,525 II. NEXT STEPS & RECOMMENDATIONS Staff recommends Council awards the project to Icon Inc. in the amount of $301,525 and supplements the projects existing budget from the VRA Red Sandstone Parking Structure Budget in the amount of $31,525. September 18, 2018 - Page 6 of VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Town Manager Report PRESENTER(S): Greg Clifton, Town Manager ATTACHMENTS: Description Town Manager Report TOWN OF 1 X41 September 18, 2018 - Page 7 of TOWN OF VAIL ` 75 South Frontage Road West Vail, Colorado 81657 vailgov.com TOWN MANAGER REPORT - Sept 18th TOWN COUNCIL MEETING TOPICS IT updates PD updates Fireworks Thank You Notes ATM recruitment Absence from Office Transit Coordinating Team River Clean-up IT Updates Town Manager's Office 970.479.2106 970.479.2157 fax Cell Service / Wi-Fi We have asked the Director of External Affairs from AT&T to come up and speak with Council in October about the status of their system, the work that was performed over the summer, and what is yet to come. Stay tuned and we will inform you if successful. We are also starting the replacement upgrade of the older Wi Fi access points in the Village and Lionshead core areas this week. The new equipment has over 15 times the capacity of the old gear. HR Matters We are sad to report that Mike Griffin has accepted a position as General Manager with Christy Sports here in Vail. While he will be incredibly missed, this is an opportunity for Mike that he could not pass up. Mike's last Council meeting will be October 2nd. We are already in the process of recruiting for his replacement and will do our best to provide coverage until we can bring someone on board and get them up to speed. PD Updates Congratulations to Officer Jim Applegate for his recognition as the First Responder of the Year and Vail Fire Lt Ryan Sutter, Engineer Jared Olson and Firefighter David McWorter with a Unit Citation for Meritorious Service for their handling of the initial response to the Vail Pass Truck incident. All were recognized Tuesday evening at the Donovan Pavilion event hosted by the three Eagle County Rotary Clubs and the Eagle County Public Safety Council. Chief Henninger and Dispatch Supervisor Jennifer Kirkland helped organize the event that recognized responders from around the County. September 18, 2018 - Page 8 of Chief Dwight Henninger attended the 38th ASEANAPOL meeting last week in Brunei, as part of his role as the 4th Vice President of the International Association of Chiefs of Police (IACP). ASEANAPOL is a regional meeting of the larger INTERPOL system, it consists of ten member countries of South East Asia. Chief Henninger was the head of delegation as part of IACP's role as an observer at the meeting. He met the king (Sultan) of Brunei. Overall, Dwight felt the issues in South East Asia are similar to the basic policing problems here in the US, the meeting had a particular emphasis on human trafficking, transnational crime and cyber crime. Fireworks See below excerpt from email communications between Highline and our Economic Development Department, related to Snow Days. We would like to gauge Council's interest in this idea. Staff supports the proposal, and Chief Novak will review on behalf of the Fire Department. Hi Mia, We would really like to enhance Vail Snow Days with the fireworks from the cancelled 4th of July show. After Angela gets the allotment for New Years Eve ($18,500) there should be $14,500 left. We would like to utilize these over the course of the Thursday, Friday and Saturday nights for Vail Snow Days. Thursday night we plan to host a Pray for Snow Kick Off Party at Golden Peak (pending final approvals from TOV Fire and Vail Mtn), with a torch light ski down, bonfire, music, and activations all capped off by a firework show. We would do a mixture of low and high level fireworks here to wow crowds and wake up the clouds (for snow!). Friday and Saturday nights we would like to end each concert with a burst of fireworks from behind the Ford Park stage lighting up the Gore Range in the back ground. We have spoken to the firework vendor who has launched fireworks from Ford Park in the past and did not see an issue with this. Please let me know if you would like more information on these plans? Thanks, Greg Greg Schwartz Director of Events Town Manager's Report Page 2 September 18, 2018 - Page 9 of ATM Recruitment We are excited to share we have received more than 100 applications for the Assistant Town Manager role with many qualified candidates. We are currently in the prescreening interview process for the position. There are about a dozen candidates invited for phone interviews with a plan to narrow the pool further for in-person interviews that are being scheduled to occur in early October. Two Councilmembers will be involved in the final review process. Many thanks to the Human Resources Department for helping to orchestrate the process. Thank You Notes Please see below notes, the first being a `thank you' note from the Town to the Vorlaufer Condo Assn related to a financial contribution for Staub Park, and the second being a note of gratitude received from Bravo! TOWN QFVAIL' 75 South Frontage Road West Vail. Colorado 61657 vallgov orn September 10, 2018 Vorlaufer Condominium Assn 385 Gore Creek Dr. Vail, CO 81657 970.479.2100 970.4792157 tarn Please accept my personal thanks and gratitude for your contribution to the re -vegetation and renovations to Staub Park. It was an unexpected gift from the homeowners, and we genuinely appreciate your participation in the park improvements. What a great example of local government partnering with citizens to accomplish a beautiful thing! Sincerely, i�%�y��jQ'� Gre�l.Ttton g Town Manager Town of Vail Town Manager's Report Page 3 September 18, 2018 - Page 10 The Philadelphia Orchestra with Stephane Geneve 4� J-44 . 4,..,i, i 3 Thank you for your incredible support of the Philadelphia Orchestra •`` and n _ ,eVRtravo! Vaii's 2018 Season! ,A4' Your generosity and loyal support is greatly appreciated. -The Bravo, Vail Staff Absence from Office will absent from the office from October 4th through the 19th. This will prompt my need to miss the Council meeting on October 16th, and I apologize in advance for this. Patty McKenny will fill in during my absence. While I am not in the habit of missing Council meetings (this will be my first), the scheduling of this particular travel did not afford any flexibility. Transit Coordinating Team Update The Transit Coordinating Team, inclusive of Greg Hall, Mike Rose, and myself representing the Town of Vail, met on August 24th. As mentioned in previous updates, the task at hand concerns the formulation of an information hub that will serve the region and our visitors and residents with respect to transit information. It will link with other websites and apps, such as our parking app, fare systems, ride -sharing, etc. An RFP is being issued to formulate the platform, and next week we will be visiting the Google facility in Boulder to learn more about having a Google based map navigation. Town Manager's Report Page 4 September 18, 2018 - Page 11 Town Manager's Report The meetings, which are quite productive, are being facilitated by Greg Bellomo with Government Performance Solutions, Inc. It is envisioned that the final product, which will be very user friendly and allow for enhanced guest experience, will be on line in late spring or early summer, 2019. The below snip shows a draft process that is being followed: DRAFT sigh -level Roadmap The team could follow a 4 -step process to bring the Hub to life. Visioning and Scopin V Establish the transit coordinating team's purpose and process V Perform research on best -in -class functionality ✓ Envision the Coordinated Info Hub ✓ Develop a draft scope containing instructions to bidders based on team's vision V Gain the team's buy - in to the scope and timeline w Partnering A. Draft RFI/RFP and gather team's feedback Conductinformal meetings with vendor community • Release RFIIRFP and review responses • Award a contract to the preferred partner • Negotiate and finalize contract Building and Test Amr • Determine detailed build schedule with phases and milestones • Partner builds critical functionality {agile method preferred) • Develop test plan and identify testers • Provide and incorporate feedback Rolling Out and Enhancing Execute a soft release and measure usage, satisfaction, and impact Create and deliver launch communications Plan future enhancements River Clean-up Peter Wadden helped orchestrate our local team of volunteers to help clean the Black Gore tributary on Saturday, September 8`h. This great effort was part of a regional river clean-up event that saw hundreds of volunteers here in Eagle County. For the local team, the volunteers were tasked with navigating a very difficult stretch of the tributary to remove a large quantity of plastic crate remnants from the semi -truck rollover last fall. That particular accident, which was unfortunately fatal for the driver, left scattered crates of sweet corn throughout the canyon. The efforts on September 8th likely resulted in about half of the debris being removed. Additional efforts will be needed to recover the remainder. Page 5 September 18, 2018 - Page 12 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Initial Findings of the West Middle Creek Development Feasibility Report Presentation and Discussion (Middle Creek Subdivision) PRESENTER(S): George Ruther, Housing Director and Bill Pierce, Pierce Architects ACTION REQUESTED OF COUNCIL: What additional information, if any, does the Town Council need to make a determination about future and potential uses of the West Middle Creek Parcel for residential development (Tract A, Middle Creek Subdivision)? BACKGROUND: The purpose of this memorandum is to present the initial findings of the West Middle Creek Development Feasibility Report (the "Report"). The Report was prepared at the direction of the Vail Town Council to better understand the feasibility of multi -family residential development on the West Middle Creek Site and to obtain additional objective information and data. ATTACHMENTS: Description Staff Memorandum Middle Creek Site Feasibility Request September 18, 2018 - Page 13 c MEMORANDUM To: Vail Town Council From: George Ruther, Housing Director Date: September 18, 2018 Subject: Initial Findings of the West Middle Creek Development Feasibility Report Presentation and Discussion. (Middle Creek Subdivision) I. Purpose The purpose of this memorandum is to present the initial findings of the West Middle Creek Development Feasibility Report (the "Report"). The Report was prepared at the direction of the Vail Town Council to better understand the feasibility of multi -family residential development on the West Middle Creek Site and to obtain additional objective information and data. 11. Report Summary The Report outlines the feasibility of residential development on the site and proposes likely development challenges and considerations which must be more fully evaluated. In summary, residential development on the site is feasible provided a series of challenges can be overcome or otherwise responsibly mitigated. Those challenges include: • Topography • Soil stability • Vehicle access • Cost of construction • Site retaining • Geologic hazards A copy of the West Middle Creek Development Feasibility Report was been attached for reference. 111. Background A preliminary site feasibility study was completed for Tract A, Middle Creek Subdivision in December of 2107. In summary, the 27- page study examined the opportunities and constraints of development on the property utilizing public record information found on the Town's GIS. Areas of analysis included: land use, zoning, pedestrian/vehicular circulation, geologic hazards, wildlife habitat, floodplain, utilities and open space. The study did not include more in depth objective analysis such as boundary survey, site specific topographic data, suitability of soils, vehicular access information, flood plain data, emergency vehicle requirements, constructability, site planning considerations, CDOT requirements, etc. On direction received from the Vail Town Council on May 15, 2018, the Town's Housing Department staff contracted the professional services of Pierce Architects to lead the West Middle Creek September 18, 2018 - Page 14 Development Feasibility Report project. The cost of the work was completed under the budgeted amount. IV. Town Council Request What additional information, if any, does the Town Council need to make a determination about future and potential uses of the West Middle Creek Parcel for residential development (Tract A, Middle Creek Subdivision)? September 18, 2018 - Page 15 WEST MIDDLE CREEK DEVELOPMENT Preliminary Feasibility Study and Analysis 9.13.18 110,2 September 18, 2018 - Page 16 Table of Contents Cover 1 Table of Contents 2 Memorandum 3 Summary 4 II Purpose 4 III Zoning 5 IV Land Use 8 V Pedestrian/Vehicle Circulation 10 VI Slope Analysis 11 VII Hazards/Geotech 13 VIII Wildlife 15 IX Floodplain 16 X Utilities 17 XI Open Space 19 XII Vehicular Access 20 XIII Fire Access and Public Safety 21 XIV Potential Development 22 XV Construction Cost Analysis 24 XVI Conclusion 25 XVII Attachments 25 Town of Vail Page 2 September 18, 2018 - Page 17 c MEMORANDUM To: Vail Town Council From: George Ruther, Housing Director Date: May 15, 2018 Subject: Exploratory Discussion for Survey Concerning Natural Area Preservation Rezoning (Middle Creek Subdivision) I. Purpose Vacant and available land resources and suitable sites for deed -restricted housing development within the Town of Vail remain in short supply. To that end, a conversation has started regarding a certain undeveloped property in Vail. The property in question is generally located west of the Middle Creek drainage along the northerly edge of the North Frontage Road and legally described as Tract A, Middle Creek Subdivision. To date, much of the conversation about this property and its suitability for residential development has been speculative in nature and absent any objective information or data. In addition to a number of other relevant considerations, the feasibility of residential development on the property remains a significant unanswered question. To better understand the feasibility of development additional information is needed. The purpose of this memorandum is to: 1) Share background information on the property II. Background A preliminary site feasibility study was completed for Tract A, Middle Creek Subdivision in December of 2017. In summary, the study examined the opportunities and constraints of development on the property utilizing public record information found on the Town's GIS. Areas of analysis included: land use, zoning, pedestrian/vehicular circulation, geologic hazards, wildlife habitat, floodplain, utilities and open space. A complete copy of the preliminary study has been attached for reference. The study did not include more in depth objective analysis such as boundary survey, site specific topographic data, suitability of soils, vehicular access information, etc. III. Town Council Request On April 17, 2018, the Vail Town Council instructed staff to return to a future Town Council meeting with an estimated cost to obtain more in depth objective information on the property. Included is a partial boundary survey, a review of probable soils conditions based upon soils investigations completed for several adjoining properties, identification of the 100 -year Middle Creek floodplain, availability of utilities consultation with a traffic engineer, and a preliminary site layout and massing study by an architect/land planner. Town of Vail Page 3 September 18, 2018 - Page 18 I. SUMMARY The Town of Vail Community Development Department is examining the site feasibility for future residential development on Tract A, Middle Creek Subdivision, parcel number 2101- 064-09-003. The site is located west of the Vail Village (Exit 176) interchange, bounded by US Forest Service (USFS) to the north, 1-70 ROW and North Frontage Road to the south, Middle Creek housing development and Mountain Bell Tower site to the south and east, a metes and bounds ±26 acre parcel owned by the Town of Vail to the east, and Solar Vail apartments to the west. The site highlighted below totals 17.87 acres and is owned by the Town of Vail. Town of Vail 11. PURPOSE Page 1 The purpose of this memo is to present the initial findings of a Site Feasibility Study. The intent of the study is to share the feasibility of potential residential development on the site. This report examined both the constraints and opportunities through Geographic Information Systems (GIS) analysis. The areas of analysis include: zoning, land use, pedestrian/vehicle circulation, steep slopes, rock fall, debris flow, debris avalanche, wildlife, floodplains, utilities, and open space. The report investigates construction cost implications of development of site. Town of Vail Page 4 September 18, 2018 - Page 19 c III. ZONING The site contains two types of zone districts; with 12.82 acres (72%) zoned Natural Area Preservation (NAP) and 5.05 acres (28%) zoned General Use (GU). The surrounding zone districts include: North: N/A (US Forest Service Land) South: Housing (1-70) East: Natural Area Preservation West: Housing and Natural Area Preservation The NAP district is the Town's most restrictive zone district which is intended to protect lands in their natural state. The purpose of the NAP zone district is: The natural area preservation district is designed to provide areas which, because of their environmentally sensitive nature or natural beauty, shall be protected from encroachment by any building or other improvement, other than those listed in section 12-8C-2 of this article. The natural area preservation district is intended to ensure that designated lands remain in their natural state, including reclaimed areas, by protecting such areas from development and preserving open space. The natural area preservation district includes lands having valuable wildlife habitat, exceptional aesthetic or flood control value, wetlands, riparian areas and areas with significant environmental constraints. Protecting sensitive natural areas is important for maintaining water quality and aquatic habitat, preserving wildlife habitat, flood control, protecting view corridors, minimizing the risk from hazard areas, and protecting the natural character of Vail which is so vital to the town's tourist economy. The intent shall not preclude improvement of the natural environment by the removal of noxious weeds, deadfall where necessary to protect public safety or similar compatible improvements. Town of Vail Page 5 September 18, 2018 - Page 20 The following uses are permitted and conditional uses in the NAP district: Permitted Uses Nature preserves. The purpose of the GU zone district is: Conditional Uses Equestrian trails, used only to access national forest system lands. Interpretive nature walks. Parking, when used in conjunction with a permitted or conditional use. Paved and unpaved, non -motorized, bicycle paths and pedestrian walkways. Picnic tables and informal seating areas. Other uses customarily incidental and accessory to permitted or conditional uses and necessary for the operation thereof, with the exception of buildings. The general use district is intended to provide sites for public and quasi -public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. The general use district is intended to ensure that public buildings and grounds and certain types of quasi -public uses permitted in the district are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. The following uses are permitted and conditional uses in the GU district. Conditional uses shall be permitted in the GU district, subject to issuance of a conditional use permit in accordance with the provisions of 12-16-1. Ordinance No. 19, Series of 1995, changed the zoning of 67 properties in the Town of Vail from their previous zoning to the NAP District, Outdoor Recreation (OR) District, or the General Use (GU) District. This was done by the Town to address legal non conforming uses, improve protection of sensitive natural resources, and to ensure the appropriate zoning of outdoor recreational areas. The Planning and Environmental Commission (PEC) reviewed the proposed zoning changes on September 24, 1995 and voted 4-2-1 to recommend approval. Town Council voted 6-1 to approve Ordinance No. 19, Series of 1995 on second reading. After the passage of Ordinance No. 19, Series of 1995, the zoning of the subject site was amended from Agricultural & Open Space (AOS) to both NAP and GU in 1995. The subject site falls within property number 34 and 35 in Ordinance No. 19, Series of 1995, which highlights unique features of the site as moderate debris flow and medium rock fall geographic hazards for the site. The previous zoning for the site at the time of the Ordinance No. 19, Series of 1995, was Agricultural and Open Space (AOS). The current zoning designation of NAP and GU resulted from the passage of the Ordinance. Town of Vail Page 6 September 18, 2018 - Page 21 Permitted Uses Bicycle and pedestrian paths. Communications antennas and appurtenant equipment. Employee housing units, as further regulated by chapter 13 of this title. Passive outdoor recreation areas, and open space Conditional Uses (provided such use is accessory to a parking structure) Offices. Restaurants. Ski and bike storage facilities. Sundries shops. Tourist/guest service related facilities. Transit/shuttle services. Conditional Uses Child daycare centers. Equestrian trails. Golf courses. Healthcare facilities. Helipad for emergency and/or community use. Major arcades. Plant and tree nurseries, and associated structures, excluding the sale of trees or other nursery products, grown, produced or made on the premises. Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schools. Public and quasi -public indoor community facilities. Public buildings and grounds. Public parking structure. Public theaters, meeting rooms and convention facilities. Public tourist/guest service related facilities. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Seasonal structures or uses to accommodate educational, recreational or cultural activities. Ski lifts, tows and runs. Water and sewage treatment plants. Town of Vail Page 7 September 18, 2018 - Page 22 IV. LAND USE PLAN The Land Use Plan was adopted in 1989 to guide development for the Town of primary focus on the long-term needs and desires of the Town as it progresses The adopted map of the Vail Land Use Plan shows a recommendation of Open property, which totals 17.87 acres (100%) of the site as Open Space. Land use properties include: North: N/A South: Public/Semi-Public and High Density Residential East: Open Space West: Medium Density Residential and Open Space Vail, with its and matures. Space for the of the adjacent astuokea os othO yRgMo� fl Medum Lensty ReziimlaI Hgn Density Re,Adagal =1,,scoaana s.h,s MP fl R© a , Q Val Valet' Medal Center MP r.rr;lwad 0 wbI Sain,.. fSal Ease 0 The Open Space category is defined as follows: Passive recreation areas such as greenbelts, stream corridors and drainage ways are the types of areas in this category. Hillsides which were classified as undevelopable due to high hazards and slopes over 40% are also included in this area. These hillside areas would still be allowed types of development permitted by existing zoning, such as one unit per 35 acres, for areas in agricultural zoning. Also, permitted in this area would be institutional / public uses. This property was likely included in this category due to geologic hazards, including medium severity rockfall and moderate hazard debris flow areas, and due to slopes in excess of 40%. A geologic hazards figure and slope figure are shown later in the study. Town of Vail Page 8 September 18, 2018 - Page 23 Goal statements were developed from the Vail Land Use Plan and should be used in the evaluation of any development proposal. The two most applicable categories for this site include General Growth / Development and Residential. All goal statements in the Vail Land Use Plan should be reviewed for the project. Below are several examples of goal statements relevant to the property when reviewing for development: 1. General Growth / Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2. Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 1.3. Development of Town owned lands by the Town of Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is for public use. 1.4. Town owned lands shall not be sold to a private entity, long term leased to a private entity or converted to a private use without a public hearing process. 1.5. Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2. Residential 2.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 2.2. Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 2.3. The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Town of Vail Page 9 September 18, 2018 - Page 24 V. PEDESTRIAN / VEHICLE CIRCULATION The five minute walk is a standard that is best described as the average distance that a pedestrian is willing to walk before choosing to drive. The average walking speed of a human is at approximately 3 miles per hour, which translates to 1/4 of a mile in five minutes. The figure below shows a transportation network walking analysis with 5, 10, and 15-20 minute walk times highlighted based on the four major routes highlighted from the site. All routes highlighted below begin from the site center point and extend south to the edge of the site. The routes shown fall within the following walk times: 5 Minute Walk Time • Center point to Middle Creek bus station 10 Minute Walk Time • Center point to Sandstone School bus station 15 - 20 Minute Walk Time • Center point to Lionshead Parking Structure • Center point to Vail Village Parking Structure Site Center Pont TOW Sus Sups .. 5 Won walk Tire 1P Mi.re walk Tine .. 15- 211 Mice walk One .. 15 211 Mice wa•Tine M MO 106 eno Feet Town of Vail Page 10 September 18, 2018 - Page 25 c VI. SLOPE Slope has been divided into three categories — below 30%, 30% - 40%, and above 40%. All areas over 40% slopes are considered steep slopes per the Vail Land Use Plan. Per the Vail Town Code zoning regulations, slopes in excess of 30% slope are considered "excessive slopes". The existing, natural gradient of the undisturbed land surface is a naturally steep site. 13.84 acres (77%) of the site are above 40% slope, 2.28 acres (13%) are 30% - 40% slope, and only 1.77 acres (10%) of the site are below 30% slope. rallYSlops aim Patuq Parcels-Pacepws The Town Code states no structure shall be built on a slope of forty percent (40%) or greater except in single-family residential, two-family residential, or two-family primary/secondary residential zone districts. A variance would be required in this event to build on a slope greater than 40% due to the practical difficulty resulting from topographic conditions on the site. Additionally, not more than sixty percent (60%) of the total site area may be disturbed from present conditions by construction activities. The design review board (DRB) may approve site disturbance in excess of the sixty percent (60%) maximum if specific design criteria warrant the extent of the requested deviation. Town of Vail Page 11 September 18, 2018 - Page 26 A proposed project on the site should utilize areas less than 40% slope wherever possible. The following graphic demonstrates the optimal location for a potential project on the site. PROPOSPO yt E LOCATION BOUNDAR¢S SOWN PROPERTY UNE PROPOSED WTI LOCATION BOUNDARIES TRIALgLE31l0W3 40% SLOPE SOUTH PROPERTY LINE TBIAHSLE SHOWS 3S% SLOPE PROPERTY LINE PROPOSED BITELOCATION SOUNDARIEE SOUTH PROPERTY L YE TRYANOLE S SPWS BP% Sl OPE PROPOSED UTE WW1:AT BOLIIIDNNES SOLON PROPERTY UNE .. y 4 TA ANGLE SHOWS aE% ELOPE _ _ - '"10POSE0 SITE LOCATION BOUNDARIES _ SLOPE 1WALYSIS A0.13 Town of Vail Page 12 September 18, 2018 - Page 27 VII. HAZARDS The site contains medium severity rockfall areas and moderate hazard debris flow areas. 13.72 acres (77%) of the site is within medium severity rockfall area, while 1.46 acres (8%) of the site is within moderate hazard debris flow. Due to the site containing areas identified as rockfall and debris flow, the site must undergo site specific geologic investigations. No initial application for a building permit, grading permit or major or minor subdivision shall be approved until a site specific geologic investigation is complete by a "professional geologist". Any development on the site will require site specific studies for rockfall and debris flow with building permit application or with Design Review Board (DRB) application if it is for a multi -family or commercial development. Q Rbtlaak l6nM Cled¢Flow —Roadsn5s Hf RocBal Bulldog Foal, 0 0 120 290 Geotechnical Engineering Study A recent geotechnical study executed in 2018 for a new employee housing development at the existing Solar Vail has confirmed favorable conditions and we can assume similar conditions for this site. This report was produced by H -P Kumar. H -P Kumar has estimated a $6,000 — $6,800 proposal fee to perform the necessary drilling and evaluation for this specific site. Excerpts from recent Solar Vail Geotechnical Engineering Study: Groundwater -"No free ground water was encounter in the borings at the time of drilling and the subsoils were slightly moist to moist." Soil Stability - "The hillside above the building site is steep, at the grade of about 40% but does not show signs of instability." Town of Vail Page 13 September 18, 2018 - Page 28 Soil Bearing Pressure - "Footings place on the undisturbed natural granular soils or bedrock should be designed for an allowable bearing pressure of 5,000 psf." Rockfall A Debris Flow and Rockfal Hazard Analysis was performed for the area above what is now Middle Creek Village in November of 1992 by Mears and Wilbur. Excerpts from Flow and Rockfall Hazard Analysis for Middle Creek: "Rockfall is not a potential hazard to the proposed development as shown on a conceptual site plan prepared on 3-19-92 by Alpine International. This conclusion is based on the following observations: a. Rockfall source areas do not exist above the eastern portion of the proposed development (the East Parcel) b. Although rockfall may occur above the "West Parcel" it will consist of moderate-sized, rare rockfall events that will not reach the proposed building." In conclusion our site is similar to the "eastern portion" discussed in the report and we can hope for no potential rockfall. A rockfall study can be provided for this site by Mears and Wilbur: "Thanks for contacting us about rockfall consulting near Middle Creek. I have contacted my partner Chris Wilbur and we have reviewed previous proposals and reports in the immediate area with similar rockfall exposure. Based on this review and our experience in Vail over the past 4 decades we estimate our consulting services (topographic modeling, site visit, application of 2D and 3D quantitative rockfall models [if needed], hazard evaluation, mitigation concepts [if needed], and report) would range from $7,000 to $10,000. We hope this provides sufficient information for you at this planning stage of the project. We can provide a detailed proposal if requested. Art Mears, P" Town of Vail Page 14 September 18, 2018 - Page 29 VIII. WILDLIFE According to Colorado Parks and Wildlife data, the site contains the following types of wildlife: 1. Black Bear: Overall Range, Summer Concentration, Human Conflict Area 2. Boreal Toad: Overall Range 3. Elk: Summer Range, Overall Range 4. Lynx: Potential Habitat 5. Moose: Overall Range, Summer Range 6. Mountain Lion: Human Conflict Area, Overall Range 7. Mule Deer: Overall Range, Summer Range 8. Terrestrial Garter Snake: Overall Range While the entire valley/watershed is shown as Boreal Toad and Lynx habitat based on Surveying and Mapping (SAM) maps, this site is not suitable habitat for either species due to lack of water in the case of Boreal Toads and lack of cover/presence of human disturbance and activity in the case of Lynx. The Boreal Toad is presently listed as a state endangered species by the state of Colorado. Lynx are presently listed as a federally threatened and state endangered species. This designation does not restrict future development, due to the site providing no suitable habitat to either species. A more detailed field inspection would be needed to verify the data specifically for the site. Town of Vail Page 15 September 18, 2018 - Page 30 c IX. FLOODPLAIN Middle Creek flows through a small portion (0.58 acres) of the site, west of the Mountain Bell Tower and Middle Creek housing development. The area is identified as a Hazard Area on the Federal Emergency Management Agency (FEMA) Flood map. Areas immediately adjacent to Middle Creek are inundated by a flood event having a one -percent chance of being equaled or exceeded in any given year. The one -percent annual chance flood is also referred to as a 100 - year flood. The majority of the site (17.29 acres) is clear of the floodplain. All modifications, grading or installation of proposed improvements within the 100 -year floodplain shall be in accordance with 12-21-11: Flood Hazard Zones. A floodplain use permit or floodplain modification permit is required depending on the circumstance and conditions. Town of Vail Page 16 September 18, 2018 - Page 31 c X. UTILITIES Potable water and waste water are provided to the areas south, west, and east of the site by Eagle River Water and Sanitation District. Water lines are highlighted in blue, while wastewater lines are highlighted in green. Water and wastewater lines run northeast across 1-70 from Vail International to the Mountain Bell site, then flow east. A wastewater line ends between the Gymnastics facility and Solar Vail, where it runs west along the CDOT ROW beyond Red Sandstone School. A water line crosses 1-70 north of the Lionshead parking structure, then immediately turns northwest once it crosses North Frontage Road, through the southwestern portion of Solar Vail and through Red Sandstone School. Water, sewer, electric, gas, and communication extensions would be needed to serve the property. Eagle River Water & Sanitation District - Water and Sewer fi ' 06551 f os - •kI+ -- n� Ti n If fi - nSs,_� “ “1/,'n ,r1101, in 1 m*n ntnnnntr n10,MIS 1 H r T'� r fill t 11 t'1V Water and Sewer Locations From email from Micah Schuette 8/27/18 As I mention on the phone, we may need to run a model to get an idea of system impact this development could have on existing infrastructure. In the past we have utilized either a deposit, or reimbursable agreement to conduct the evaluation. For a full explanation of this process I would direct you to Article VIII (page 63) of our Rules and Regulations main body that can be found here: https://www.erwsd.org/resources/rules-regulations/ . Adjacent infrastructure is not the only consideration for new developments, however. Water rights are also required to serve this larger development. From what I see on the Town of Vail Zoning Map, this parcel is currently designated as Open Space. Obviously this would be a change in use of that property, so water rights sufficient to serve the proposed new use will need to be dedicated. I don't know if the Town of Vail has acceptable water rights to dedicate Town of Vail Page 17 September 18, 2018 - Page 32 c for the property, but that's something to investigate on the client end. I will also speak with our water council about the ability of the District's pool of water rights to cover this new use. Under that scenario, a cash -in -lieu of water rights dedication may be an option, if accepted by our Board (more details on this policy can be found in Article X, page 79). I'll get back to you on this as soon as I can. Please feel free to reach out to me if you have any questions here, and we'd be happy to sit down with you to discuss this project in more detail. Thanks, Micah Micah Schuette Planner Eagle River Water & Sanitation District Direct: 970-477-5496 Cell: 970-401-2547 846 Forest Road, Vail, CO 81657 http://www.erwsd.org Clean Water. Quality Life. TM Utility Reports: Holy Cross - Electrical Service "It is a simple matter to supply electricity to the proposed development. It would have to be three-phase, there is no single-phase in the area." Jeffery P. Vroom Town of Vail Page 18 September 18, 2018 - Page 33 XI. DESIGNATED OPEN SPACE According to the 2017 Open Lands Plan (DRAFT), the western portion zoned Natural Area Preservation is eligible for a Designated Open Space Overlay. The eastern 1.5 acre area zoned Natural Area Preservation is not currently eligible for a Designated Open Space Overlay. In order to be considered for dedication as Designation Open Space, a parcel must be owned by the Town of Vail, and zoned either Natural Area Preservation (NAP), Outdoor Recreation (OR) or Agricultural Open Space. Additionally, the parcel must be either: 1. Environmentally sensitive lands (wetlands, riparian areas, critical habitat identified by the division of wildlife, or the natural heritage program); 2. High natural hazard areas including the 100 -year flood plain, red avalanche hazard area, high rock fall hazard area, and high debris flow hazard area; or 3. Town of Vail park that provides passive outdoor recreation opportunities. Designated Open Space is an overlay designation, established within the Vail Town Charter, which can be applied by the Town Council to any Town -owned parcel that satisfies certain criteria highlighted in the Charter. Once a parcel is dedicated as Designated Open Space, it is then arguably locked as a park or open space land due to the steps needed for the disposal of Designated Open Space listed below: Town council may consider the sale, lease, trade, alienation, partition, granting of an exclusive license or permit, use or zone change other than one of the open space zone districts identified in this section of designated open space only upon receiving a unanimous recommendation of such action from the open space board of trustees. Once such recommendation is received, the town council shall consider an ordinance referring such question of disposal of designated open space to the registered electors at a town election for their acceptance or rejection. The ordinance shall give the location of the land in question and the intended disposal thereof. Every such ordinance shall require the affirmative vote of three-fourths of the entire council for passage. The vote of the town on proposed disposal of designated open space shall be held not less than thirty days and not later than ninety days from the date of the final council vote thereon. If no regular town election is to be held within the period prescribed in this subsection, the council shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the council may at its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed ordinance to dispose of designated open space shall be made available to the public within a reasonable time before the election and also at the polls at the time of the election. Town of Vail Page 19 September 18, 2018 - Page 34 c XII. VEHICULAR ACCESS Our goal is to utilize the existing vehicular and public bus Frontage Road access to the Middle Creek Village to access the West Middle Creek site. We will add a turn off to the existing Middle Creek drive way and utilize a bridge over Middle Creek and provide vehicular access to West Middle Creek. The bridge will also allow us to avoid the 100 year flood plain. The impact of additional traffic to the Middle Creek Village Frontage Road access has been reviewed by Town Engineer. "Based on the Middle Creek Apartment Traffic Study, and using the same assumptions; Assuming 142 new apartment units that have parking (doubling Middle Creek Housing) There would potentially be the following total projected traffic at the intersection (includes a 30% reduction for transit; assumes 50/50 east /west split); AM Entering 18 (9 Lefts in/9 Right in) Exiting 86 (43 lefts out / 43 Rights out) PM Entering 82 (41 lefts in/41 Rights in) Exiting 40 (10 lefts out / 10 Rights out) Level of Service should work fine, but should be verified by traffic engineer if this is moved forward. Existing left turn lane has 100' of storage and would be adequate Assume right turn lane will be required. Assume it will need to extend full width (11') from housing access through bus turn lane access and then an additional 50', then taper back to existing curb over 110'. This would accommodate both housing access and bus access." Tom Kassmel, Town Engineer Town of Vail Page 20 September 18, 2018 - Page 35 c XIII. Fire Department Access and Public Safety The attached plan has been reviewed by the Town of Vail Fire Marshall and generally meets the appropriate access requirements pending a more comprehensive study of turning radiuses of the emergency equipment. -EMERGENCY -VEHICLE TURN -AROUND BRIDGE ` Town of Vail Page 21 MIDDLE CREEK VILLAGE September 18, 2018 - Page 36 c XIV. Potential Development Preliminary studies show the possible layout of three building masses following the contours of the topography. Type IIIB construction would allow 4 levels of residential units over 2 levels of parking. Town of Vail Page 22 September 18, 2018 - Page 37 c Total Parking = 59,148 SF = +1-168 Spaces @ 350 SF/Space Total Residential = 138,789 SF = +1-=174 Units @ 800 SF/Unite Total Storage (Bldg C Only) = 2,660 SF BLDG Cy-i 1,576 SF Parking— BLDG B-----_____ ,660 SF Storage T21,190 SF Parking 3,645 SF Residential— T42,380 SF Residential A 26,382 SF Parking 52,764 SF Residential r—� Town of Vail Page 23 September 18, 2018 - Page 38 c XV. CONSTRUCTION COST ANALYSIS Due to the slope of the site, site conditions, site access and market conditions, the cost to develop this site must be weighed against the cost to purchase a similar lot. Bridge will be a site premium of +1- $550,000. Green Area indicates MSE site Retaining Wall of +1- 8,000 SF. Site Premium for MSE retaining wall +1- $360,000. Town of Vail Brown Area indicates temporary shoring required for building foundation installation of +/- 8,500 SF. Site Premium for temporary soil nails +1- $382,500. Black Area indicates soil nailed retaining wall with MSE split face block facing to match MSE walls at +1- 13,200 SF. Site premium for permanent soil nailed retaining wall +/- $924,000.00. Page 24 September 18, 2018 - Page 39 XVI. CONCLUSION Highly constrained areas have limited development potential; however, the areas are not off limits when following the proper steps necessary for new construction. There is a small portion towards the center of the site to the southern side where residential development could occur within a 30-40% slope. The Town Code states no structure shall be built in any flood hazard zone or on a slope of forty percent (40%) or greater except in a single-family residential, two- family residential, or two-family primary/secondary residential zone districts. Otherwise, a variance would be required in this event to build on a slope greater than 40% due to the practical difficulty resulting from topographic conditions on the site. Variances are governed by the provisions of 12-17, Vail Town Code. Significant retaining walls and cuts in the grade would be needed as well. Working within such a highly constrained site will add significant costs to site grading, excavation, and construction. XVII. ATTACHMENTS A. Site Photos B. Study Area Map C. Zoning Map D. Land Use Map E. Pedestrian/Vehicle Circulation F. Steep Slopes Map G. Slope Analysis H. Hazards Map I. Slope Analysis J. Slope Analysis K. Town Owned Property Map L. FEMA Flood Hazards Map M. Utilities Map N. Fire Access O. Potential Development P. Construction Premium XVIII. APPENDIX ( NOT ATTACHED) A. HP Kumar — Geotechnical Report B. Study Area Map C. HP Kumar — Proposal for Site Specific Geotech report Town of Vail Page 25 September 18, 2018 - Page 40 c A. SITE PHOTOS September 18, 2018 - Page 41 of 114 September 18, 2018 - Page 42 of 114 September 18, 2018 - Page 43 of 114 B. MAPPING - STUDY AREA C.! t.udy J&3 — Roads — Parking 6uikdi� Fo ipriits Parcels 1 Rd 11 RD —ST O�+Npr ITN Li! [; Town of Vail Sit: :. Uvrl September 18, 2018 - Page 44 of 114 C. MAPPING — ZONING ci&udx Area r'—i General Use F-1 Natural Area Preservation — Roads — Parking Buildiig Fookprats Parcels 4161-10 :� = 4- `20 240 •' .,. 1.rPr Prurllurllmi Pr ?AGE Rb 7111. • Li • 5 b rl . xDz'>� r'zLLfGpIY,I;'a 6f -KY • Town of Vail September 18, 2018 - Page 45 of 114 D. MAPPING — LAND USE : Legend J Study Area Space — Raads — Parking lElacting Footpril Paraels C. ''2D 24D 48 Feet 1 1 1 J i Off i"ME'( 3Tg!! .' wWI ry�*ryrfi i p'.T+ d r.rr.l --L---'----4 GE Rb 47.--'—'------- --_,___ rt,.., _ - - M1Y]f Mr c _ t. llif" yin Y4 {'ft M 1 f -F Yi - r "-; .� irtiR i1.5 1 r4 al I� -. `' - 4:::; Trrt3 `�+' • —111 Ui4 7 - Cr -,r Pi7. t Town of Vail September 18, 2018 - Page 46 of 114 E. MAPPING — PEDESTRAIN/VEHICLE CIRCULATION laudy Area Site Center Paint l'tf TOV Bus Stops . r 5 M hate Walk Tme 10 MiMrte Walk Tine ■ ■ 15-20Minte WalkTme ■ ■ 15 - 217 Mixte Walk Tyne 0 2]70 400 o B00 Feet 4. mumum. ry uMI.mum umum..m umuyuyumumuy.. .. .. ....u.u.u.ur............... �. ...u.u.u.............r ' -- �,.4 i i i ,R,i peIMMMIrW in is-1nF. W ti 4r■ t.}7 1�y • 1 q�y,IrF . I 4tinfr 40 - y x. 14 • 'i _.- ` J ��+ k # i -- it - �. T rl �L.ry - _ 'rik'alib,GP1 axE- o-� Town of Vail September 18, 2018 - Page 47 of 114 F. MAPPING — STEEP SLOPE MAP Legesd rn 1 Study Area 30 - 40' a SIDpe > 40% — Raads — Parking BAJi6d•+..g Footprints Parcels '2C 240 i1''.. .. .. . " "'m11m11m11m11m.. .. r. .. .1m1lmumilmll.. .. .. ...11mllmllmllr.. .. .. ..111m11m11m11.... .. .. .1.11.1...........11.r,1,.. .. .. „.. 11..11._II .......m.......11.11.11.11......„V. •�` :' '' : 1 li r Atd • -rr. -ILS rig I - Si . Town of Vail September 18, 2018 - Page 48 of 114 G. MAPPING – SLOPE ANALYSIS PROPOSED SITE LOCATION BOUNDARIES SOUTH PROPERTY LINE TRIANGLE SHOWS 40% SLOPE PROPOSED SITE LOCATION BOUNDARIES SOUTH PROPERTY LINE 1 2 PROPOSED S1TE LOCATION BOUNDARIES SOUTH PROPERTY LINE TRIANGLE SHOWS 35% SLOPE I TRIANGLE SHOWS 38% SLOPE PROPOSED SITE LOCATION BOUNDARIES SOUTH PROPERTY UNE 3 4 1 4) • —PROPOSED SITE LOCATION BOUNDARIES `" `N II TRIANGLE SHOWS 359. SLOPE II Cre .17 PROPERTY LINE �—EXI5T[N(i MIDDLE CREEK f -------EMPLOYEE HOUSING Ra ACCESS PROM EXISTING MIDDLE CREEK ROAD ace September 18, 2018 - Page 49 of 114 MIDDLE CREEK VAIL. CO 51657 [:clva:x: d SLOPE ANALYSIS r AO.13 H. MAPPING — DEBRIS FLOW 171 Study Area l'Aoderate Hazard debris Flaw n Medium Severity Recleal — ♦wads — Parking Buikii►g Fcct.prits Parcels 120 210 0 creta Fee - •v r ce i- 4. d1l.1.. ........711l11l11111l..mxm..m..m.1l11lYl11l11.. .. .. ..711!11!11!11.... .x.. ..711l11l..... .... ......„...l1... ...... ..„....l.....i !v 4. Ir..�l11111111.. ....711111111111m..m..m..mYli 4 . .12r. ,' •;. '.0 1 �.l..l..l..S.17.f 1.r..`- 771” uND 1111 U�1 r � •A GE R� FYI R1 =1.11.ri NM./ `� T. rNK1.F1 �'�s• *j 1j.11.517 sn5 IN 1.11. Ff Yi -rKers'+ . F 1''g T R5 t r F 1 iF • • Town of Vail .te 1y i Sb.. r Irl:i`FEI:c1a=. .:-x:r,r ,r a..L ar ea, f l ` �;'a�:; ►lei 91 :V..F ::r..,- r —1 September 18, 2018 - Page 50 of 114 I. MAPPING — SLOPE ANALYSIS Town of Vail September 18, 2018 - Page 51 of 114 J. MAPPING — SLOPE ANALYSIS Town of Vail September 18, 2018 - Page 52 of 114 K. MAPPING — TOWN OWNED PROPERTY MAP .1Study kea 2 m ' Owned Property desgnaied Open Space — Roads — Parking 9uildstg Foctprilts Parcels 121) . _t �1l11�11�11�11 �11� 11�11�11l11l11l11l11�11�11�11� 11!11! Vl11l11�„�„�„�1,�11! 11l11lllr„�„�„�11� 11l11l11l11�„�u�„�„�„�11! 1111,�„r,�„�„�„�11l11l,•�„�„�„�„�„X11111111111r„�„�„�„�11111111111�„�„�„�Y!`` 1 R.rnrnr..rL1..r11NnI..i.. Ir,llI,m.li 441:k4N6•_1 1 Town of Vail September 18, 2018 - Page 53 of 114 L. MAPPING — FEMA FLOOD HAZARDS Town of Vail September 18, 2018 - Page 54 of 114 M. MAPPING — WATER AND SEWER Frnd address or place # ,• • - • wit kit • • • • — •s 3 I' # , r- . . .. - J . f :.—.1.f� in: l • •5 • 2t G1 -'i 4 Raaw 411 • • a `#tea _SA1 F IN 11951A i I' tr r rs.r_ p#T i ill 7 . Air i mM Prbit [ Fir H T .L-112l3erttli r # t F r,enne rr Fl 1IflaW . rt .11 9 / 11 IIIttI11tI p#$ aNs Town of Vail September 18, 2018 - Page 55 of 114 N. MAPPING — FIRE ACCESS EMERGENCY EHICLE TURN -AROUND -BRIDGE 4!' MIDDLE CREEK VILLAGE Town of Vail September 18, 2018 - Page 56 of 114 O. DIAGRAM — POTENTIAL DEVELOPEMENT Total Parking = 59,148 SF = +1--168 Spaces @ 350 SF/Space Total Residential = 138,789 SF = +1- 174 Units • 800 SF/Unit_ Total Storage (Bldg C Only) = 2,660 SF BLDG =11,576 SF Parking 2,660 SF Storage =43,645 SF Residential BLDG B� 1,190 SF Parking 2,380 SF Residential BLDG A �� 26,382 SF Parking _--X52,764 SF Residential Town of Vail September 18, 2018 - Page 57 of 114 P. DIAGRAM — CONSTRUCTION PREMIUM Bridge will be a site premium of +1- $550,000. Green Area indicates MSE site Retaining Wall of +1- 8,000 SF. Site Premium for MSE retaining wall +1- $360,000. Town of Vail September 18, 2018 - Page 58 of 114 Brown Area indicates temporary shoring required for building foundation installation of +1- 8,500 SF. Site Premium for temporary soil nails +/- $382,500. Black Area indicates soil nailed retaining wall with MSE split face block facing to match MSE walls at +1- 13.200 SF. Site premium for permanent soil nailed retaining wall +/- $924.000.00. TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 15, Series of 2018, An Ordinance Amending Section 12-10-17, Leasing of Parking Spaces, Vail Town Code PRESENTER(S): Chris Neubecker, Planning Manager ACTION REQUESTED OF COUNCIL: Town Council is asked to provide comments on first reading of the ordinance, including any changes to the ordinance that are needed for second reading. BACKGROUND: The existing regulations on the leasing of parking spaces in the Town of Vail were first adopted in 1977, and the last significant modification was in 1985. The current regulations are obsolete, and have not resulted in significant applications to lease parking spaces. New technology can help to identify vacant, available parking spaces, but the existing regulations needs to be amended to facilitate, and in some cases legalize, short term leasing of parking. The proposed regulations will open additional areas where short term leasing of parking spaces is allowed, while protecting the character of low density residential neighborhoods. STAFF RECOMMENDATION: Staff recommends approval of Ordinance No. 15, Series of 2018 on First Reading, and setting the date of October 2, 2018 for Second Reading. ATTACHMENTS: Description Leasing of Parking Spaces - Staff Memo Ordinance No. 15, Series of 2018 Leasing of Parking Spaces - Zone District Map Leasing of Parking Spaces - PEC Memorandum, August 27, 2018 with attachments Leasing of Parking Spaces - PEC Meeting Results, August 27, 2018 Leasing of Parking Spaces - PEC Memorandum, July 23, 2018 Leasing of Parking Spaces - Public Comment September 18, 2018 - Page 59 c TOWN OFD } Memorandum To: Vail Town Council From Community Development Department Date: September 18, 2018 Subject: First reading of Ordinance No. 15, Series of 2018, an ordinance amending Section 12-10-17, Leasing of Parking Spaces, Vail Town Code, to modify the regulations applicable to the short-term leasing of private parking spaces, and setting forth details in regard thereto. (PEC18-0028) Applicant: Town of Vail Planner: Chris Neubecker I. SUMMARY The applicant, Town of Vail, is requesting a first reading of Ordinance No. 15, Series of 2018 for a Prescribed Regulations Amendment to amend Section 12-10-17, Leasing of Parking Spaces, Vail Town Code, to amend the regulations applicable to the short-term leasing of private parking spaces. The current Town Code only allows leasing of parking under limited circumstances; the Town is requesting an amendment to the code in order to facilitate the short term leasing of parking spaces by adding zone districts where leasing of parking spaces would be allowed, and by simplifying the regulations. II. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION On August 27, 2018 the Planning and Environmental Commission (PEC) voted 6-0 to recommend that the Vail Town Council approve Ordinance No. 15, Series of 2018, upon first reading. This recommendation was based upon the review of the criteria outlined in Section V of the August 27, 2018 memorandum to the Planning and Environmental Commission, and the evidence and testimony presented. III. BACKGROUND The existing regulations in place on the leasing of parking spaces in the Town of Vail were first adopted in 1977, and the last significant modification was in 1985. Other minor modifications to the regulations have taken place since these dates, but have not resulted in significant changes to the regulations. The current regulations are obsolete, September 18, 2018 - Page 60 c and have not resulted in significant applications to lease parking spaces. Staff is aware of only one (1) property that has leased parking spaces through the existing regulations. If there are other parking spaces being leased on a short term or long term basis, staff is not aware of them, and they have not been identified to the Town as a problem. IV. PROPOSED TEXT AMENDMENT LANGUAGE The proposed amendments include repealing and replacing Section 12-10-17, Leasing of Parking Spaces, Vail Town Code. The effects of the proposed ordinance include the following: • Removing the requirement for a permit • Removing the requirement for a parking utilization study • Eliminating the minimum size of an eligible parking lot (Current requirement is a parking lot with at least ten (10) parking spaces) • Prohibiting leasing of parking spaces where access is required through an established pedestrian mall • Requiring written approval for leasing parking spaces on commonly owned property (HOA property, for example) • Requiring on-site signage identifying a name and telephone number for the person or management company to contact concerning parking disputes. • Adding more zone districts where leasing of parking spaces is allowed. These zone districts include higher density residential and commercial areas, while eliminating lower density residential zone districts. • Zone districts where leasing of parking is currently allowed include: ➢ Commercial Core 1 ➢ Commercial Core 2 ➢ Commercial Core 3 ➢ High Density Multiple Family ➢ Vail Village Townhouse ➢ Public Accommodation ➢ Lionshead Mixed Use 1 ➢ Lionshead Mixed Use 2 ➢ Special Development District • New zone districts where leasing of parking spaces would also be allowed by this ordinance include: ➢ General Use ➢ Arterial Business ➢ Public Accommodation 2 ➢ Commercial Service Center ➢ Ski Base Recreation ➢ Ski Base Recreation 2 Town of Vail Page 2 September 18, 2018 - Page 61 c V. ACTION REQUESTED OF THE TOWN COUNCIL Should the Vail Town Council choose to approve Ordinance No. 15, Series of 2018 upon first reading, the Planning and Environmental Commission recommends the Council passes the following motion: "The Vail Town Council approves, on first reading, Ordinance No. 15, Series of 2018, an ordinance amending Section 12-10-17, Leasing of Parking Spaces, Vail Town Code, to modify the regulations applicable to the short-term leasing of private parking spaces, and setting forth details in regard thereto." Should the Vail Town Council choose to approve Ordinance No. 15, Series of 2018 the Planning and Environmental Commission recommends the Council makes the following findings: "Based upon the review of the criteria outlined in Section VI of the Staff memorandum to the Planning and Environmental Commission dated August 27, 2018, 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 compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the sign 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. VI. ATTACHMENTS A. Ordinance No. 15, Series of 2018 B. Map of Proposed Zone Districts C. PEC Memorandum, dated August 27, 2018, with attachments D. August 27, 2018 PEC meeting results E. PEC Memorandum, dated July 23, 2018 F. Public Comment Town of Vail Page 3 September 18, 2018 - Page 62 c ORDINANCE NO. 15 SERIES 2018 AN ORDINANCE AMENDING SECTION 12-10-17 OF THE VAIL TOWN CODE TO MODIFY THE REGULATIONS APPLICABLE TO THE SHORT-TERM LEASING OF PRIVATE PARKING SPACES WHEREAS, on December 20, 1977 the Vail Town Council adopted Ordinance 34, Series of 1977, regulating the leasing of private parking spaces in the Town; WHEREAS, the existing regulations are obsolete and need to be updated to reflect current community parking needs and priorities; WHEREAS, amending the regulations will provide a benefit to visitors to Vail through additional parking options, while protecting the residential character of low- density residential neighborhoods; WHEREAS, the proposed amendments are supported by the Vail Town Council Action Plan 2018-2020 and the Vail Land Use Plan; WHEREAS, on August 27, 2018 the Planning and Environmental Commission held a properly -noticed public hearing on the proposed amendments and forwarded a recommendation of approval to the Vail Town Council; and WHEREAS, on September 18, 2018, the Vail Town Council held a properly - noticed public hearing on the proposed amendments to Section 12-10-17 of the Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-10-17 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 12-10-17: LEASING OF PARKING SPACES: A. General: Except as expressly provided in this Section, no person shall lease, rent, convey or restrict the use of any parking space to any person other than a tenant, occupant or user of the building for which the space is required. B. Eligibility: A parking space may be leased in accordance with the following: 1. Zone Districts: Any person who owns or manages private parking spaces located the following zone districts may lease parking spaces in accordance with this Section: Commercial Core 1; Commercial Core 2; Commercial Core 3; High Density Multiple -Family; Vail Village Townhouse; Public Accommodation; Public Accommodation 2; General Use; Commercial 1 9/12/2018 S:ICOMMUNITY DEVELOPMENTIBOARDSITOWN COUNCILIORDINANCESI181ORDINANCE NO. 15 SERIES OF 2018 LEASING OF PARKING SPACES.DOCX September 18, 2018 - Page 63 c Service Center; Arterial Business; Ski Base Recreation; Ski Base Recreation 2; Lionshead Mixed Use 1; Lionshead Mixed Use 2; and any Special Development District in which one of the foregoing zone districts is the underlying zone district. 2. Prohibited Areas: The leasing of parking spaces is prohibited in any area where vehicle access to said parking spaces is over or through an established pedestrian mall. 3. Common Areas: The leasing of parking spaces on commonly owned property, including without limitation common areas within a common interest community, requires the written approval of the applicable homeowners or condominium association, a copy of which shall be provided to the Town prior to leasing any parking spaces. 4. Duration: Leasing is permitted for short term parking only, and long-term storage of vehicles is prohibited. 5. Rental Agencies: Vehicle rental agencies may lease parking spaces only in the Commercial Core 3 zone district, with a maximum of one lease and a maximum of fifteen (15) parking spaces per site. C. Required Parking: Parking required by this Title for any use may not be satisfied by the leasing of parking spaces under this Section. D. Signage: Any person leasing parking spaces under this Section shall post adequate signage on the premises to ensure that the leased parking spaces are used and occupied in accordance with the applicable lease agreement. At least one (1) on-site sign shall include the name and telephone number of the person to contact concerning parking disputes. 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 amendment of any provision of the Vail 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. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This 2 9/12/2018 S:ICOMMUNITY DEVELOPMENTIBOARDSITOWN COUNCILIORDINANCESI181ORDINANCE NO. 15 SERIES OF 2018 LEASING OF PARKING SPACES.DOCX September 18, 2018 - Page 64 c 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 September, 2018 and a public hearing for second reading of this Ordinance is set for the day of , 2018, 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 , 2018. ATTEST: Patty McKenny, Town Clerk 3 Dave Chapin, Mayor 9/12/2018 S:ICOMMUNITY DEVELOPMENTIBOARDSITOWN COUNCILIORDINANCESI181ORDINANCE NO. 15 SERIES OF 2018 LEASING OF PARKING SPACES.DOCX September 18, 2018 - Page 65 c Zoning District Legend SDDs Vail Village Townhouse General Use Arterial Business Ski Base/Recreation 2 Public Accommodation -2 Ski Base/Recreation Commercial Service Center Public Accommodation Lionshead Mixed Use 2 Lionshead Mixed Use 1 High Density Multiple -Family Commercial Core 3 Commercial Core 2 Commercial Core 1 Das Schone / Vail Heights Lionsridge / Buffehr Creek 1 -(-1T-"‘ I; \ , r'�e� - --, 1, \ - �u/A;_-:• \•.. y\i Sandstone 1 J.1 1 1 I I 1 11 I Potato Patch Leasing of Parking Spaces Existing Zone Districts Spraddle Creek I =c [>y r;� 011* 1 L Pa '�► Village '' fi"� jay 1 I----1 �� Booth Creek L • 1,13 ..CC./- "• %\ - ermountain y sfl. `11\.k, IM, � ti L• rt: Cascade / Glen Lyon Matterhorn September 18, 2018 - Page 66 of 114 O 44111 41Nerapeo 1. " 114 MOW *. *A* MIN FiCatillif • *ftkai Established Pedestrian Malls - - Vail Village / ''>)),(/X.1*.`'---;.::',(/ ,z>, Jam, �`� Pitkin Creek TOWN IJF VAIL Last Modified: July 16, 2016 e Bighorn Creek East Vail This map was created by the Town of Vail Community Development Department. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein. (where shown, parcel line work is approximate) TOWN OF VAIL � TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 27, 2018 Memorandum 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 12-10-17, Leasing of Parking Spaces, Vail Town Code, in order to facilitate the short term leasing of parking spaces, and setting forth details in regard thereto. (PEC18-0028) Applicant: Town of Vail Planner: Chris Neubecker I. SUMMARY The Town of Vail proposes to amend the Vail Town Code to allow the leasing of private parking spaces on a short term basis. The current Town Code only allows leasing of parking under limited circumstances; the Town is requesting an amendment to the code in order to facilitate the short term leasing of parking spaces. The Town of Vail requests a recommendation from the Planning and Environmental Commission to the Vail Town Council for a Prescribed Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-10-17, Leasing of Parking Spaces, Vail Town Code. II. DESCRIPTION OF REQUEST The Town of Vail is requesting a Prescribed Regulations Amendment to the Vail Town Code to change the existing regulations concerning the short term leasing of parking spaces. The current Town Code allows leasing of parking spaces only under very specific circumstances, and only for 30 days of longer. In an effort to help alleviate the Town's parking shortage on peak parking days, a text amendment is proposed. This code amendment is intended to increase the availability of parking by allowing leasing of privately owned parking spaces that might otherwise remain empty on peak days. The Community Development Department recommends approval of the proposed prescribed regulations amendment. September 18, 2018 - Page 67 c III. BACKGROUND The existing regulations in place on the leasing of parking spaces were first adopted in 1977, and the last significant modification was in 1985. Other minor modifications to the regulations have taken place since these dates, but have not resulted in significant changes to the regulations. These regulations are obsolete, and have not resulted in significant applications to lease parking spaces. Staff is aware of only one (1) property that has leased parking spaces through this program. If there are other parking spaces being leased on a short term or long term basis, staff is not aware of them, and they have not been identified to the Town as a problem. The Planning and Environmental Commission (PEC) last discussed this application on July 23, 2018, when this amendment was first introduced. At that meeting, members of the PEC held varying views on this request, and there was no consensus on how to regulate leasing of parking spaces. Commissioners Gillette and Kjesbo favored less regulation, or no regulation of this issue; they indicated support for removing the existing regulations and waiting to see what issues or problems arise as a result. Commissioners Stockmar, Perez and Kurz favored some type of regulations due to anticipated problems, such as liability to HOAs, and encouraging vehicles in pedestrian mall areas. The Commission asked staff to bring this topic to the Town's Parking and Transportation Task Force for their input. Since the last meeting, staff has had conversations with the Vail Police Department's Code Enforcement division. Issues raised by Code Enforcement include: • Guest Experience & Licensing of Booting Companies — The companies that are called to place a boot on vehicle tires could be regulated, and doing so would provide some level of control over operators that are rude or rash to visitors. According to Code Enforcement, some booting companies have become "out of control in other areas of the County" and are having a negative impact on visitors. Licensing of booting companies would require additional changes to the Town Code. • Impact on Police Department — Unauthorized parking on private property is a civil issue; Vail Police Code Enforcement officers will, as a courtesy and subject to call volume, respond to private parking problems faced by businesses and/or property owners and HOAs. Tickets can be issued on behalf of the property owner, but are not issued on behalf of the Town. Regulation by the Town of Vail will require the Town to respond if there is a violation of Town Code, and will add to staffs workload. In addition to these concerns by the Police Department, the Town Council will need to consider the fees, if any, that should be charged for permitting or licensing that is required. The financial issues are not the responsibility of the PEC to address, but will be considered by the Council. Due to the anticipated staff time in the regulating of short term parking or issuing permits or licenses, a reasonable permit fee could be collected Town of Vail Page 2 September 18, 2018 - Page 68 c to offset the Town's expenses. The Council will need to consider if there is a need to offset the cost of staff time, or if there is a net public benefit to short term leasing of parking spaces and if collecting revenue is unnecessary. The Parking and Transportation Task Force has not met since the last PEC meeting. Greg Hall, Director of Public Works, indicated that the Task Force had previously discussed this issue, and supported the concept of leasing parking spaces on private property. The Town Manager directed staff to move forward with the PEC review process and not to bring this issue back to the Task Force. The current Town Code limits the leasing of parking spaces in Vail based on the following regulations: • Minimum of 10 or more spaces in a parking lot • Leasing only allowed in the following zone districts: > Commercial Core 1 > Commercial Core 2 > Commercial Core 3 > High Density Multiple -Family > Vail Village Townhouse > Public Accommodations > Lionshead Mixed Use 1 > Lionshead Mixed Use 2 > Special Development District • Application to the Town of Vail is required • Landscaping may be required to screen parking if leasing results in a visual impact to surrounding streets or property • Applicant may be required to conduct a parking utilization study to determine the difference between the average capacity of the lot and the peak day utilization • Lease agreements are only allowed for a period of not less than one month nor greater than twelve (12) months • No applicant shall be permitted to lease more than sixty percent (60%) of the parking spaces which is the difference between the average capacity of the lot and the peak day utilization as determined by the administrator. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application. Town of Vail Page 3 September 18, 2018 - Page 69 c Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. V. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Town Code and Vail Land Use Plan are relevant to the review of this proposal: Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2: Purpose: 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. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. Town of Vail Page 4 September 18, 2018 - Page 70 c 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off-street parking and loading facilities. 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. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Chapter 10 — OFF STREET PARKING AND LOADING 12-10-1: PURPOSE: In order to alleviate progressively or to prevent traffic congestion and shortage of on street parking areas, off street parking and loading facilities shall be provided incidental to new structures, enlargements of existing structures or a conversion to a new use which requires additional parking under this chapter. The number of parking spaces and loading berths prescribed in this chapter shall be in proportion to the need for such facilities created by the particular type of use. Off street parking and loading areas are to be designed, maintained and operated in a manner that will ensure their usefulness, protect the public safety, and, where appropriate, insulate surrounding land uses from their impact. In certain districts, all or a portion of the parking spaces prescribed by this chapter are required to be within the main building in order to avoid or to minimize the adverse visual impact of large concentrations or exposed parking and of separate garage or carport structures. (Ord. 26(1982) § 1: Ord. 19(1976) § 12: Ord. 8(1973) § 14.100) 12-10-17: LEASING OF PARKING SPACES: A. General: No owner, occupant or building manager, or their respective agent or representative, shall lease, rent, convey or restrict the use of any parking space, spaces or area to any person other than a tenant, occupant or user of the building for which the space, spaces or area are required to be provided by the zoning ordinances or regulations of the town except as may be specifically provided in this section. Town of Vail Page 5 September 18, 2018 - Page 71 c 8. Lease Qualifications; Application To Lease: A parking space, spaces or areas may be leased by the owner, occupant or building manager thereof in accordance with the following: 1. Any owner, occupant or building manager who owns, occupies or manages ten (10) or more private parking spaces located in commercial core 1, commercial core 2, commercial core 3, high density multiple -family, Vail Village townhouse, public accommodations, Lionshead mixed use 1, Lionshead mixed use 2, or special development zone districts and provides sufficient parking for use by employees may apply to the administrator of the town for a permit to lease parking spaces. 2. Application shall be made on a form provided by the administrator and upon approval of the application by the administrator a leasing permit shall be issued with or without condition as determined by the administrator. If the administrator determines that the lease proposal results in a visual impact to surrounding streets or property, the administrator may condition the approval with a requirement that the applicant install landscaping on the site to improve the visual appearance of the parking area. If said private parking spaces are located on the common area or grounds of any condominium project, written approval of the condominium association (if any) will be required on this application. 3. The administrator may request that an applicant conduct a parking utilization study to determine the difference between the average capacity of the lot and the peak day utilization, and such other information as may be necessary for the proper consideration of the application. 4. The proposed lease agreement shall be for the period of not less than one month nor greater than twelve (12) months. When requested, the administrator may extend the lease agreement for an additional twelve (12) months so long as the conditions relating to the parking spaces have not significantly changed. Any applicant wishing for an extension to an established lease agreement, must submit an application to the administrator no later than two (2) weeks prior to the termination of the existing approval. 5. No applicant shall be permitted to lease more than sixty percent (60%) of the parking spaces which is the difference between the average capacity of the lot and the peak day utilization as determined by the administrator. 6. No applicant who is operating a private parking area charging an hourly fee on the effective date hereof shall be eligible for approval of his or her application. 7. Parking required for any use in accordance with this title may not be satisfied by the leasing of space from another person under the provisions of this section. 8. It shall be the responsibility of the owner, occupant or building manager who has leased spaces to others to provide adequate and proper signs on the premises and to Town of Vail Page 6 September 18, 2018 - Page 72 c see that the leased spaces are used and occupied in accordance with the lease agreement. 9. Leasing shall be permitted for short term parking only, and shall be prohibited for long term storage of vehicles by individuals or companies. 10. Car rental agencies may lease parking spaces only in the CC3 district, and shall be limited to a maximum of fifteen (15) parking spaces per site. Each site may be allowed a maximum of one lease for a car rental agency. (Ord. 2(2012) § 5: Ord. 29(2005) § 29: Ord. 3(1999) § 5: Ord. 47(1991) § 1: Ord. 31(1985) § 1: Ord. 34(1977) § 1) Vail Land Use Plan 1. General Growth / Development 1.3. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. The quality of development should be maintained and upgraded whenever possible. Skier/ Tourist Concerns 2.8 Day skier needs for parking and access should be accommodated through creative solutions such as: a. Increase busing from out of town. b. Expanded points of access to the mountain by adding additional base portals. c. Continuing to provide temporary surface parking. d. Addition of structured parking. Seasonal Surface Parking Areas In support of the impact assessment of the Vail Mountain Master Plan, a parking and bus utilization analysis was conducted. This analysis identified the magnitude of the increase associated with skier expansion, as well as the internal shift in ski portal use because of the location of mountain expansion. It was projected that a shortfall of 597 public parking spaces would occur in the Village / Golden Park area while a surplus of spaces would result in the Lionshead / Cascade Village area. A variety of solutions to the projected shortfall were identified including: • Expansion of the Transportation Center by 450 spaces • Relocation of the rental car operation to free up spaces in the Transportation Center • Increased parking as part of the Golden Peak base facility redevelopment • Expanded parking at Ford Park • Increased use of remote parking facilities such as the golf course lot Town of Vail Page 7 September 18, 2018 - Page 73 c • Leasing of private spaces by employees • Greater utilization of the bus system Vail Transportation Master Plan D. Parking The Town should look to expand the public parking supply within Main Vail to reduce the frequency of Frontage Road use for overflow parking. Based on accommodating a 90th percentile and based on Frontage Road parking data over the past few ski seasons, 400 new spaces should be developed over the short term. Over the long term, 1000 additional spaces (600 more) should be developed in Main Vail. To the extent possible, more new public spaces should be located in the eastern sections of the Main Vail area. Potential locations include: • West Lionshead (up to 400 additional spaces) • Lionshead Parking Structure (as part of its redevelopment; possible net gain of 300 spaces) • Ford Park (at least 300 additional spaces, and possibly more if the above- mentioned locations do not include an increase) The addition of these parking areas, along with additional commercial and skier access would "spread out" Vail's base area to approximately 1.6 miles of frontage. Because of the increased density, activity, and distance, the Town's transportation system within and to the Main Vail area clearly needs to be enhanced to support these activities through the combination of roadway improvements and transit service enhancements. A more detailed parking study to verify these locations and the associated number of additional spaces will need to be completed by the Town prior to any implementation. The study will need to take into account the aforementioned potential recommendations as well as looking at alternative locations, transit incentives, in combination with parking management solutions that may alleviate the parking situation, which may include outlying lots with bus service. VI. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The general purposes of the zoning regulations are for "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". This text amendment is intended to advance these purposes by promoting coordinated and harmonious development of parking and Town of Vail Page 8 September 18, 2018 - Page 74 c improving the guest experience while providing clear and enforceable regulations that are not overly burdensome. The proposed text amendment helps to support these specific purposes of the regulations: • To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. • To promote adequate and appropriately located off street parking and loading facilities. • To conserve and maintain established community qualities and economic values. • To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 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 Parking is a significant issue in Vail, and the need to provide additional parking options is supported by the Vail Land Use Plan and the Town Council Action Plan. The proposed text amendment would better implement and better achieve elements of the Vail Land Use Plan, including: • Day skier needs for parking and access should be accommodated through creative solutions. The proposed text amendment is supported by the Vail Town Council Action Plan 2018-2020, including the following goals, initiatives and priorities: • Improve the quality and convenience of parking and transportation for both locals and guests • Convenient, efficient, and safe parking and transportation venues • Evaluate emerging technologies including autonomous vehicles, rapid charging infrastructure, and related transportation innovations. • Assist Parking Task Force in formulation of better year-round parking and transportation strategies • Broaden the discussion regarding public parking and include all seasons. 3. 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 existing regulations were first adopted in 1977, and the last significant modification was in 1985. Other minor modifications to the regulations have taken Town of Vail Page 9 September 18, 2018 - Page 75 c place since these dates, but have not resulted in significant changes to the regulations. These regulations are obsolete, and should be amended to reflect current priorities and needs. The community's priorities on parking have changed since adoption of these regulations, as shown in the Town Council Action Plan. The demands for parking have increased since adoption of these regulations. Technology is also changing rapidly, and telecommunications and smart phones now allow drivers that need parking, and owners or managers or parking spaces, to easily arrange for the short term leasing of parking spaces. The proposed amendments will help the Town to meet the current demands for parking while accommodating new technology and providing additional parking options to guests. The proposed amendments are intended to balance the benefits of increased parking options while limiting the impact on Town staff, and placing responsibility on the owners or managers of private parking spaces. 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 regulation are intended to allow for the leasing of parking spaces in the areas that have the most potential benefit to guests, which are in higher density areas of Town in close proximity to ski lifts, Vail Village and Lionshead. No changes are proposed to the zone districts where the leasing of parking spaces is allowed. Allowing the leasing of parking spaces only in these zone districts is intended to protect the residential character of low density residential districts. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VIII. ENVIRONMENTAL IMPACTS The Community Development has not identified any significant environmental impacts with the proposed short term leasing of parking spaces. If this program is highly successful, it could lead to more efficient use of existing parking spaces and could reduce the need to construct new public parking lots or structures. Also, by reserving a parking space ahead of time, visitors may spend less time idling or seeking parking, which could have a positive impact on air quality. There is a small chance that some property owners wishing to increase on-site parking, in order to collect parking revenue, will seek to pave additional surface parking areas. IX. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval for the prescribed Town of Vail Page 10 September 18, 2018 - Page 76 c regulation amendment to the Vail Town Council. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. 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 pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12- 10-17, Leasing of Parking Spaces, Vail Town Code, in order to facilitate the short term leasing of parking spaces, and setting forth details in regard thereto." 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 a review of Section VII of the August 27, 2018 staff memorandum to the Planning and Environmental Commission, 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 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." X. ATTACHMENTS A. Map of Existing Zone Districts for Leasing of Parking Spaces B. Map of Commercial Core Area Parking C. Draft Ordinance Town of Vail Page 11 September 18, 2018 - Page 77 c Zoning District Legend SDDs Vail Village Townhouse Public Accommodation Lionshead Mixed Use 2 Lionshead Mixed Use 1 High Density Multiple -Family Commercial Core 3 Commercial Core 2 Commercial Core 1 Das Schone / Vail Heights Lionsridge / Buffehr Creek Sandstone • 7.)71),Rj././14.1111 I JVlr — 1. Potato Patch Leasing of Parking Spaces Existing Zone Districts I' : ���-I /.c,, < • n• Irr, (y G.> I E4,,,frw, �a Spraddle Creek L. I • Booth Creek • - '✓ ✓^ ✓ ItU\1LU ru _r_ –L. a LJ= I, ?' , j'' Village 1,rte;, 1(111 • J Pitkin Creek • ess -- -- • > lS • e molun"twin rt: Cascade / Glen Lyon Matterhorn September 18, 2018 - Page 78 of 114 Lionshead Established Pedestrian Malls •\1• I', //�, \'s • -- TOWN IJF VAIL Last Modified: July 16, 2016 e Bighorn Creek East Vail .� 1?,7A, 11\; 1 1�Tr .�d n ti This map was created by the Town of Vail Community Development Department. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein. (where shown, parcel line work is approximate) Core Area Parking Map 1 aaa2< 3 CtG 1 I5-7P-1-f4 "VD ill __Jr— r r `r na Vail Olfi.- a -1 T role rT y \ 1/ ]/ Ij aY 1 ? ii 4 t Li/ ,� �S d1 s Lodge at Vail Proposed Commercial Core Area (EverVail) dr Commercial Core Area % Pay -in -Lieu Properties } �otlgeT er Bou � ,1°,=1,,, µail riBuild�:ng BnG •,Build'ng� -N--' —lam'-_L'o8r�/ / /� — — \\ Nlo,uentain 0 500 1,000 1 Feet 2.000 So tombor 18 2018 Pa 79 of 11 This map was created by the Town of Vail GIS Team. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein. (where shown, parcel line work is approximate) Last Modified: December 31, 2009 TOWN OF VAIL ORDINANCE NO. 15 SERIES 2018 AN ORDINANCE FOR PRESCRIBED REGULATIONS AMENDMENTS, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO AMEND SECTION 12-10-17, LEASING OF PARKING SPACES, VAIL TOWN CODE, TO PERMIT THE LEASING OF PARKING SPACES ON A SHORT TERM BASIS AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, on December 20, 1977 the Vail Town Council adopted Ordinance 34, Series of 1977, regulating the Leasing of Parking Spaces; WHEREAS, the Town of Vail has determined that the existing regulations on Leasing of Parking Spaces are obsolete and need to be updated to reflect current community parking needs and priorities; WHEREAS, the Town of Vail has determined that the proposed regulations will provide a benefit to visitors to Vail through additional parking options, while protecting the residential character of low density residential neighborhoods; WHEREAS, the proposed regulations are supported by the Vail Town Council Action Plan 2018-2020 and the Vail Land Use Plan; WHEREAS, on August 27, 2017 the Planning and Environmental Commission held a public hearing and forwarded a recommendation of approval to the Vail Town Council for the proposed prescribed regulations amendment to the Zoning Regulations in accordance with the procedures and criteria and findings outlined in Section 12-3-6 of the Vail Town Code; WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning Regulations, based upon Section VII of the Staff memorandum to the Planning and Environmental Commission dated August 27, 201, and the evidence and testimony presented; and WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section VII of the Staff memorandum dated , 2018. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-10-17, Leasing of Parking Spaces, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikethrough, text that is to be added is bold underline. Sections of text that are not amended have been omitted.) 1 September 18, 2018 - Page 80 c 12-10-17: LEASING OF PARKING SPACES: A. General: No owner, occupant or building manager, or their respective agent or representative, shall lease, rent, convey or restrict the use of any parking space, spaces or area to any person other than a tenant, occupant or user of the building for which the space, spaces or area are required to be provided by the zoning ordinances or regulations of the town except as may be specifically provided in this section. B. Lease Qualifications; Application To L se: A parking space, spaces or areas may be leased by the owner, occupant or building manager thereof in accordance with the following: 1. Any owner, occupant or building/property manager who owns, occupies or manages ten (10) or more private parking spaces located in commercial core 1, commercial core 2, commercial core 3, high density multiple -family, Vail Village townhouse, public accommodations, Lionshead mixed use 1, Lionshead mixed use 2, or special development zone districts and provides sufficient parking for use by employees may lease parking spaces. Within a Special Development District (SDD), the leasing of parking shall only be authorized when the underlying zone district is listed above, or where there is no underlying zone district. e_ 2. The leasing of parking spaces shall be prohibited in any area where vehicle access to said parking spaces is over or through an established pedestrian mall. 3. The leasing of parking spaces within a commonly owned property, including but not limited to common property within a home owners association or property owners association, shall require the written approval of the authorized owner or association. The person(s) leasing such parking spaces shall be responsible for obtaining written authorization, and shall provide a copy of such written authorization to the Town of Vail upon request. with or without condition as determined by the administrator. If the administrator determines that the lease proposal results in a visual impact to surrounding streets or property, the administrator may condition the approval with a requirement that the applicant install landscaping on the site to improve the on the common area or grounds of any condominium project, written approval of 2 September 18, 2018 - Page 81 c study to determine thc difference between thc average capacity of thc lot and the proper consideration of the application. 4. The proposed Icasc agreement shall bc for thc period of not less than one month nor greater than twelve (12) months. When requested, the administrator the conditions relating to the parking spaces have not significantly changed. Any termination of the existing approval. 5. No applicant shall bc permitted to Icasc morc than sixty percent (60%) of the parking spaces which is the difference between the average capacity of the lot 6. No applicant who is operating a private parking area charging an hourly fee on 7. 4. Parking required for any use in accordance with this title may not be satisfied by the leasing of space from another person under the provisions of this section. 5. It shall be the responsibility of the owner, occupant or building manager who has leased spaces to others to provide adequate and proper signs on the premises and to see that the leased spaces are used and occupied in accordance with the lease agreement. At least one (1) on-site sign in the parking area shall include the name and telephone number of the person or management company to contact concerning parking disputes. 9-6. Leasing shall be permitted for short term parking only, and shall be prohibited for long term storage of vehicles by individuals or companies. 10. 7. Car rental agencies may lease parking spaces only in the CC3 district, and shall be limited to a maximum of fifteen (15) parking spaces per site. Each site may be allowed a maximum of one lease for a car rental agency. (Ord. 2(2012) § 5: Ord. 29(2005) § 29: Ord. 3(1999) § 5: Ord. 47(1991) § 1: Ord. 31(1985) § 1: Ord. 34(1977) § 1) 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. 3 September 18, 2018 - Page 82 c 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. 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 day of , 2018 and a public hearing for second reading of this Ordinance is set for the day of , 2018, 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 , 2018. ATTEST: Patty McKenny, Town Clerk 4 Dave Chapin, Mayor September 18, 2018 - Page 83 c TOWN OF VAIIL. Memorandum TO: Vail Town Council FROM: Greg Hall, Director of Public Works and Transportation DATE: March 20, 2018 SUBJECT: Summer 2018 recommended Parking Plan I. PURPOSE The Parking & Transportation Task Force forwarded recommendations to the Vail Town Council for the summer of 2018 and were reviewed at the March 6, 2018 meeting. Council directed staff to return with an operational plan to accomplish the recommendations. The purpose of this item is to: • Provide parking plan for Summer 2018 • Request Town Council direction regarding the plan II. BACKGROUND The Parking & Transportation Task Force was formed in 1999 in an advisory capacity and has been enacted through the years at the direction of the Vail Town Council. In reinstating the Task Force, the role of the 12 -member group is to provide advisory input and recommendations on parking, transit and traffic operations. The current focus of the Task Force has been an evaluation of summer operations. Representatives are as follows: Representing the retail community - Meg Hanlon and Hugh Paine Representing the restaurant community - Bill Suarez Representing the lodging community - Brian Butts Representing the community -at -large - Kent Johnson, Andrew Lanes and Don Marks Representing Vail Health - Darryl Flores (Cheryl Cannataro Alt.) Representing Vail Resorts - Doug Lovell and Jeff Babb Representing the Vail Town Council - Mayor Dave Chapin and Jen Mason The Task Force is chaired by Mayor Chapin and supported by various departments and agencies to assist with technical expertise. III. RECOMMENDED ACTIONS MOVING FORWARD Summer 2018 Objectives and Recommendations Transit 1 September 18, 2018 - Page 84 c • Continue with increased summer bus service by Vail Transit following successful pilot program during summer 2017 o Review potential expansion of hours currently budgeted for summer 2018 re: concert departures and early AM • Market/promote advantages of transit Parking Structures A specific topic was the overnight use of the garages during the summer from August 1 - September 30, 2017. The two structures averaged 324 vehicles a night in the early 4- 5 AM time period. The weekday average was 294 cars while the weekend average was 424 cars • Focus on goal to reduce number of vehicles parked overnight in structures by half to increase daytime capacity by freeing up 100 to 200 parking spaces per night o Requires 24-hour staffing operations o Create an allowance for overnight parking for guests of lodges with no on-site parking (Mountain Haus, Plaza Lodge, Bridge Street Lodge) and lodges with limited parking (Gasthof Gramshammer, Vail Mountain Lodge) as well as employee overnight shift -work o Will require an overnight fee structure in addition to reviewing current regulations regarding abandoned vehicles stored in the structures (14+ days) • Facilitate parking management plan with Vail Health and other major construction projects in the Village core as well as employers o Town of Vail to apply for permission from CDOT for use of 100 parking spaces west of the West Vail Fire Station to allow 7 -day a week parking through 2020; may require additional bus service Short-term Leasing of Private Parking spaces • Evaluate Town Code amendments to allow short-term daily leasing of private parking spaces o Would allow web or app -based parking reservation technologies Ongoing • Work with ECO Transit to support increased service in 2018 through county budget process • Continue a marketing and messaging plan around the following: o Biking o Walking o Don't rent a car o Environmental effects of driving o Healthy lifestyles o Reduce congestion o Promote transit use o Ridesharing (Uber, Lyft) o Carpooling o Employee van pools o Special event marketing and messaging for attendees o Special event employee/volunteers use alternative parking sites, modes 2 September 18, 2018 - Page 85 c • Continue to require construction projects to have an employee transportation and parking plan IV. PROPOSED SUMMER 2018 PARKING PLAN AND BUDGET IMPLICATIONS The Vail Town Council directed staff to return with a recommended rate and policies to implement an overnight fee to free up additional parking spaces. The goal of the policy is to reduce cars which are being stored or parked in the structure overnight to free mores spaces up during the day for guests. In addition, reduce the number of times the parking structures fill and/or parking overflows onto the frontage roads. Staff recommends the following: • An overnight fee of $25 which is charged for vehicles in the structure during the period of 4 AM to 5 AM. • Exceptions for hotels with no and/ or limited parking on site. Parking vouchers will be distributed to the hotels to be provided for guests to exit. • Exceptions for employees of the village commercial businesses including Vail Health whose shift requires them to occupy the structures during these times. Parking passes will be issued to those employees. • Maintain the policy of free exit of users who choose safe travel arrangements to get home and then return by 11:00 AM to retrieve their vehicle administered through the Welcome Centers. • Exceptions for those hotels with adequate parking except for large group business which may overflow their parking facilities. Parking vouchers will be distributed. • Staff is still investigating the use of all current parking passes during the summer for ease of entry/exit. • Implement the program from Memorial Day through the end of September. Parking Operation Costs Staffing $100,000 Benefits (health benefits will be required of some staff) adds costs to all of 2019 $36,000 Parking tickets and passes $14,000 Public Education Program $10,000 Total cost to implement the overnight parking fee $160,000 V ACTION REQUESTED Provide direction to the staff regarding the Summer 2018 Parking plan to include: • Direct staff to implement the paid overnight fee structure for the Summer 2018 as outlined above • Amend the second reading of the first budget supplemental for 2018 to provide an additional $160,000 for the program implementation VI. STAFF RECOMMENDATION Staff recommends the Town Council approves the recommendations for the Summer Parking Plan • Direct staff to implement the paid overnight fee structure for the Summer 2018 as outlined above 3 September 18, 2018 - Page 86 • Amend the second reading of the first budget supplemental for 2018 to provide an additional $160,000 for the program implementation 4 September 18, 2018 - Page 87 c PLANNING AND ENVIRONMENTAL COMMISSION TOWN OF VAIL' August27, 2018, 1:00 PM Town Council Chambers 75S. Frontage Road -Vail, Colorado, 81657 1 Call to Order Attendance: Present: Brian Gillette, Ludwig Kurz, John Ryan Lockman, Rollie Kjesbo, Karen Perez and Brian Stockmar Absent: Pam Hopkins 2. Main Agenda 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 12-10-17, Leasing of Parking Spaces, Vail Town Code, in order to facilitate the short term leasing of parking spaces, and setting forth details in regard thereto. (PEC18-0028) 75 min. Applicant: Town of Vail Planner: Chris Neubecker Motion: Recommend Approval with additional zone districts: General Use, Commercial Service Center, Arterial Business District, Ski Base Recreation, Ski Base Recreation -2, Public Accommodations -2 First: Gillette Second: Kurz Vote: 6-0-0 Chris Neubecker re -introduced the topic and walked the commission through the staff memorandum. He discussed the existing code language and changes that have occurred in technology. He mentioned the previous PEC meeting and the ideas that were offered by commissioners. These include not allowing parking space rental where there is a need to drive on pedestrian mall areas and that established single family/duplex neighborhoods not being appropriate. Perez-AirBnB requires a license with the Town. Why not with this? Neubecker explained the differences between short term rentals and the proposed parking regulations. With short term rental of residential units, there is a requirement to collect and remit taxes to the Town. That is not the case with parking. Public Comment Alan Danson- Great idea. Might be effective in the Booth Falls neighborhood and other trailheads to reduce parking on the road. There are some people who would rent parking in their driveways. Stockmar-Would like to see further analysis related to parking demand in general. September 18, 2018 - Page 88 Perez- In the proposed ordinance, Booth Falls wouldn't qualify? Neubecker —Yes, that's correct. Gillette- Excluding things like the Vail Mountain School is myopic. Neubecker - Instead of by zone district, we could create a map. The question is whether or not this is appropriate in low density residential neighborhoods. Alan Danson - My driveway is 1 minute from a bus stop. Why wouldn't that be OK? Stockmar-The Parking Task Force should be more proactive with working with existing parking resources. Shelly Jarnot - All that I ask is that we don't make up problems, but that we open it up before we restrict it. Stockmar- Should we wait for the Parking Task Force to weigh in the details? Neubecker — They have already weighed in and recommended we consider this. The Town Manager has requested that we move forward with a recommendation by the PEC at this time. Gillette- Since last meeting I realize that some regulation is necessary. I would not restrict it by zone district. (Gillette walked through the proposed ordinance, and the portions he would support.) Stockmar- I would recommend an incremental approach. The commission briefly discussed unintended consequences. Commissioner Comment: Lockman- The idea is a good one to try to utilize parking resources. Spoke to the proposed changes making it more available for short term. Worried about unintended consequences. Just not quite sure. Perez- Hard time supporting this as is. Does not think we have enough data. May be premature. Feels that we need a license so we know what is going on and where, so problems can be addressed. Concerned about adding more pedestrians to areas of town where there may not be adequate facilities, such as sidewalks. Kurz- Feels that the proposed ordinance addresses many of his previous concerns. Ok as long we stay within a framework, and do not think residential areas are appropriate. Take an incremental approach. Gillette- Earlier comments stand. September 18, 2018 - Page 89 Kjesbo- Generally agree with Gillette. Asked about the new Red Sandstone garage and how it will operate, and who will park there. Neubecker explained the programing at Red Sandstone parking structure. Most of the cars in the structure will relocate from Ford Park parking lots. These will be employees, not day skiers. Access will be controlled with a gate and parking pass. Kjesbo- Unsure about parking in residential areas but don't see the harm. VMS should be included. Impact on bus system should be noted. Maybe start by allowing in residential areas and see where it goes. Stockmar-Pines for the day when we could advertise Vail as car free. Previous code language was overly restrictive. This is a positive step. Support the proposal as is. Does not want to over regulate but feels this opens the door. Is ok in the residential districts. Neubecker clarified existing zone districts and proposed additional districts, which include General Use, Commercial Service Center, Arterial Business District, Ski Base Recreation, Ski Base Recreation -2, Public Accommodation -2. The Commission discussed whether or not it should be open for residential areas. Perez reiterated her concerns with introducing pedestrians to areas where they may not be accommodated with sidewalks. 3. Approval of Minutes August 13, 2018 PEC Results Motion: Approval First: Kurz Second: Gillette 4. Informational Update Vote: 5-0-1 (Perez abstained) Neubecker spoke to the possibility of a joint meeting with the Town Council. He indicated that a new planner would start working in mid-October. He indicated that staff has selected a consultant team for the Civic Area Plan, and a contract will be reviewed by Town Council next week. 5. Adjournment Motion: Adjourn First: 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. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department September 18, 2018 - Page 90 TOWN OF VAIL � Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 23, 2018 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 12-10-17, Leasing of Parking Spaces, Vail Town Code, in order to facilitate the short term leasing of parking spaces, and setting forth details in regard thereto. (PEC18-0028) Applicant: Town of Vail Planner: Chris Neubecker I. SUMMARY The Town of Vail has proposed to amend the Vail Town Code to allow the leasing of private parking spaces on a short term basis. The current Town Code only allows leasing of parking under limited circumstances; the Town is requesting an amendment to the code in order to facilitate the short term leasing of parking spaces. The Town of Vail requests a recommendation from the Planning and Environmental Commission to the Vail Town Council for a Prescribed Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-10-17, Leasing of Parking Spaces, Vail Town Code. 11. DESCRIPTION OF REQUEST The Town of Vail is requesting a Prescribed Regulations Amendment to the Vail Town Code to change the existing regulations concerning the short term leasing of parking spaces. The current Town Code allows leasing of parking spaces only under very specific circumstances, and only for long term (30 days of longer). In an effort to help alleviate the Town's parking shortage on peak parking days, a text amendment is proposed. This code amendment is intended to increase the availability of parking by allowing leasing of privately owned parking spaces that might otherwise remain empty on peak days. September 18, 2018 - Page 91 c III. BACKGROUND The Town of Vail has been approached by Shelly Jarnot to update the Vail Town Code concerning the leasing of parking spaces. Parking within Vail is an ongoing issue, and shortage of available parking is a common criticism on the guest experience. The 2015- 2017 Vail Town Council Action Plan identifies parking as one of the Council's priorities and initiatives: "Continue to improve the quality and convenience of parking and transportation for both locals and guests." Modern technology, including smart phones and the internet, has made communication and information sharing easier. Numerous parking tools, including websites and phone apps, allow users to locate and pay for available parking spaces and allow individuals and organizations or businesses to market their parking spaces directly to consumers. The current Town Code limits the leasing of parking spaces in Vail based on the following regulations: • Minimum of 10 or more spaces in a parking lot • Leasing only allowed in the following zone districts: ➢ Commercial Core 1 ➢ Commercial Core 2 ➢ Commercial Core 3 ➢ High Density Multiple -Family ➢ Vail Village Townhouse ➢ Public Accommodations ➢ Lionshead Mixed Use 1 ➢ Lionshead Mixed Use 2 ➢ Special Development District • Application to the Town of Vail is required • Landscaping may be required to screen parking if leasing results in a visual impact to surrounding streets or property • Applicant may be required to conduct a parking utilization study to determine the difference between the average capacity of the lot and the peak day utilization • Lease agreements are only allowed for a period of not less than one month nor greater than twelve (12) months • No applicant shall be permitted to lease more than sixty percent (60%) of the parking spaces which is the difference between the average capacity of the lot and the peak day utilization as determined by the administrator. After reviewing the comments and request from Ms. Jarnot on the limitations of the Town's parking lease regulations, the Town Council directed the Town Manager to move forward with an update to the Town Code in order to allow short term leasing of private parking. Town of Vail Page 2 September 18, 2018 - Page 92 c IV. ISSUES FOR CONSIDERATION The solutions to the Town's parking issues can be addressed either though additional parking supply, or a reduction in demand. The proposed changes in the Town's policies could result in an increase in the supply of parking available to the public through more efficient use of existing parking spaces. In order to determine a policy recommendation to the Town Council, and for staff to draft policy language, the Planning and Environmental Commission should consider the possible impacts that a change in the parking regulations might have on the community, both positive and negative. To assist the PEC in making a recommendation, staff has included several questions and answers below: 1. How would a driver find available private parking spaces? Drivers will use a website or smart phone app to located parking near their destination. The website or app will identify the parking location, price, description of the parking (structure, surface lot etc.) and will usually include photos of the parking area. Drivers reserve the parking space with a credit card, and GPS helps the driver with directions to the parking. 2. How does a property owner or tenant ensure that drivers are parking in the correct parking spaces? This is an issue that property owners and tenants will need to enforce. Owners of parking spaces will use the parking reservation system (the phone app or website) to provide specific directions to the location using GPS, and a description of the leased parking spaces, such as a space number or name. While this is not a Town of Vail issue, customer parking in the wrong space could lead to phone calls and requests for assistance from the Town. 3. What are the benefits to the Town and community? Optimal use of existing parking spaces could provide several benefits to the community. These benefits include: • Greater availability of parking to visitors • reduced frustration • reduced parking on Frontage Roads • reduced expenses to for the construction of new parking structures, • A "high tech" image of the Town • The ability to collect revenue for short term renting of parking spaces could result in some additional income for the owners of parking spaces that would otherwise be vacant Town of Vail Page 3 September 18, 2018 - Page 93 c 4. What are potential detriments to the Town and community? • The renting of parking spaces could create incentives for people to not park on their own property, in order to collect revenue from parking. • If parking spaces are rented within established pedestrian malls (see Attachment A), it would encourage more traffic in these areas by drivers unfamiliar with the area, creating potentially more pedestrian conflicts and diminishing the safety and charm of the pedestrian zones. • If allowed in low density residential (single family and duplex) neighborhoods, additional traffic and parking could result in a change in community character. • Additional signage may be needed to guide drivers to their parking spaces, which could have an aesthetic impact on the community. • If leased parking is allowed distant from the core of town, people may spend less time and money in the core commercial areas after returning to their cars. 5. Where should leasing of parking spaces be allowed? The current Town Code allows leasing of parking spaces only in certain zone districts. These are within the commercial core area, higher density residential areas, and lodging zones, plus special development districts (SDD). These areas tend to be more centrally located, are closer to the ski bases, are accessible to public transit, and have commonly managed parking areas (managed by the HOA or a management company). Allowing leasing of parking spaces in single family and duplex neighborhoods may result in parking in driveways, and tend to be located farther from the driver's ultimate destination (usually the ski base or the village core). Also, use of pedestrian malls to access parking spaces should be prohibited. Regulations can be adopted based on existing zone districts, based on existing maps (such as the Core Area Parking Maps) or other newly created and adopted maps. Using existing maps will simplify the adoption and enforcement or permitting process, but if allowed parking areas do not coincide with existing maps, new maps for this purpose may be necessary. 6. What code changes would needed to allow it? The current Town Code will need to be amended through a Prescribed Regulations Amendment process, and approval of an ordinance. 7. How will Town staffing be impacted? This proposal could result in impacts to Town staffing when parking problems occur. Users of a parking App or website may be inclined to call the Town of Vail if they have a parking problem, or there is disagreement with use of the parking space. If permits are required, there could be impacts on staffing to process applications. 8. What is the impact on the Town of Vail transit system? Additional parking outside the core of Town could encourage people to park in distant locations and Town of Vail Page 4 September 18, 2018 - Page 94 c ride the Town's free shuttle system into the core. Depending on how many people ride the bus, this could create the need for additional busses and drivers. 9. Will new signage be needed? Leased parking spaces may require the addition of signage to identify parking spaces and contact information of property managers, which could be a visual clutter and may require modification to the Sign Regulations. Google Maps can help a driver find the property, but individual signs or other markings will likely be needed to guide drivers to the correct parking space. Staff will also need to review the existing Sign Regulations to determine if any changes or updates are needed to accommodate or regulate this new use. 10. Is leasing of parking spaces a commercial use? The primary use of existing private parking will remain as parking for the primary use of the building or property. The Permitted Uses or Accessory Uses sections of the Zoning Regulations may need to be amended in the zone districts where short term parking is allowed. This will require additional research and will be discussed at the next meeting on this application. 11. Will this proposal encourage additional pavement? With an opportunity to create a revenue source, these regulations could encourage the creation of additional surface parking. This could create an incentive to reduce landscaping and increase the amount of paved areas on a property, which could negatively impact the visual quality of a property. Any alteration on the exterior of a structure or lot will require a Design Review Board application. 12. What impacts, if any, would there be on the Town's Police Department and Code Enforcement division? There is a potential impact on Town staffing from complaints and other phone calls. If a driver parks in the wrong parking space, for example, the owner or assigned user of that space may call the Town to seek assistance or enforcement. Additionally, if a driver has reserved a parking space, but the space is occupied upon arrival, drivers may contact the Town to seek assistance. 13. What is the impact to Town owned parking facility revenue? As a potentially less expensive option for parking, rental of private parking spaces could reduce revenue from the existing parking structures in the Vail Village and Lionshead. This financial issue is something that the Town Council will need to consider, and is not the responsibility of the PEC. 14.1s paid parking taxed? No. Parking is considered a service and is not taxable. 15. Can commercial spaces be rented overnight, if the business is closed? Businesses that are closed at night, or any other time when the parking demand is reduced, could find opportunities for parking during non -peak times. This could be a good marriage of alternate peak demand uses. For example, a hotel that Town of Vail Page 5 September 18, 2018 - Page 95 c needs overnight parking could rent spaces on an as -needed basis from a nearby business that is closed at night. Alternately, a restaurant that is busy at lunch could rent parking spaces from the hotel, whose guests check out at 11:00 AM. The intent of the code text amendment is to facilitate parking for individual users, but the change might help with parking between two businesses or property owners. 16. Will this incentivize people to move their car to a friend's yard, creating more violations in other locations? This proposal can create value from unused or underused parking spaces, and could encourage people to find alternate locations to park their vehicles. In some cases, this could result in more parking and code violations in other parts of the community. 17. Will this encourage creation of more parking? Is that a good thing? Depending on the amount of revenue potential, additional parking could be created in the community. There are likely positives and negatives to creation of more parking. Parking is in high demand, but too much surface parking and additional traffic also has an impact on the character of the community. 18. Is there any liability to TOV? It is unclear if there is any liability to the town. This is a legal question that will be addressed by the Town Attorney. This will require further review. 19. Would parking on common property require HOA approval? Any short term leasing of parking on commonly owned property would require approval of the association, which owns the common areas. In cases where an individual has an assigned parking space that is owned by the HOA, approval from the HOA would also be required. 20. What happens if I pay for a space, but it's occupied when I arrive? The parking app or website will create a private contract between the driver and the parking space owner. Enforcement of this agreement is a civil matter and is not the responsibility of the Town to address. Drivers with disputes should address their concerns to the owner of the parking space; signage on site, plus contact information on a website or app, can help direct people to the management company or property owner to address these issues. V. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application. Town of Vail Page 6 September 18, 2018 - Page 96 c Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. VI. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Town Code and Vail Land Use Plan are relevant to the review of this proposal: Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2: Purpose: 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. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. Town of Vail Page 7 September 18, 2018 - Page 97 c 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off-street parking and loading facilities. 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. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Chapter 10 — OFF STREET PARKING AND LOADING 12-10-1: PURPOSE: In order to alleviate progressively or to prevent traffic congestion and shortage of on street parking areas, off street parking and loading facilities shall be provided incidental to new structures, enlargements of existing structures or a conversion to a new use which requires additional parking under this chapter. The number of parking spaces and loading berths prescribed in this chapter shall be in proportion to the need for such facilities created by the particular type of use. Off street parking and loading areas are to be designed, maintained and operated in a manner that will ensure their usefulness, protect the public safety, and, where appropriate, insulate surrounding land uses from their impact. In certain districts, all or a portion of the parking spaces prescribed by this chapter are required to be within the main building in order to avoid or to minimize the adverse visual impact of large concentrations or exposed parking and of separate garage or carport structures. (Ord. 26(1982) § 1: Ord. 19(1976) § 12: Ord. 8(1973) § 14.100) 12-10-17: LEASING OF PARKING SPACES: A. General: No owner, occupant or building manager, or their respective agent or representative, shall lease, rent, convey or restrict the use of any parking space, spaces or area to any person other than a tenant, occupant or user of the building for which the space, spaces or area are required to be provided by the zoning ordinances or regulations of the town except as may be specifically provided in this section. Town of Vail Page 8 September 18, 2018 - Page 98 c 8. Lease Qualifications; Application To Lease: A parking space, spaces or areas may be leased by the owner, occupant or building manager thereof in accordance with the following: 1. Any owner, occupant or building manager who owns, occupies or manages ten (10) or more private parking spaces located in commercial core 1, commercial core 2, commercial core 3, high density multiple -family, Vail Village townhouse, public accommodations, Lionshead mixed use 1, Lionshead mixed use 2, or special development zone districts and provides sufficient parking for use by employees may apply to the administrator of the town for a permit to lease parking spaces. 2. Application shall be made on a form provided by the administrator and upon approval of the application by the administrator a leasing permit shall be issued with or without condition as determined by the administrator. If the administrator determines that the lease proposal results in a visual impact to surrounding streets or property, the administrator may condition the approval with a requirement that the applicant install landscaping on the site to improve the visual appearance of the parking area. If said private parking spaces are located on the common area or grounds of any condominium project, written approval of the condominium association (if any) will be required on this application. 3. The administrator may request that an applicant conduct a parking utilization study to determine the difference between the average capacity of the lot and the peak day utilization, and such other information as may be necessary for the proper consideration of the application. 4. The proposed lease agreement shall be for the period of not less than one month nor greater than twelve (12) months. When requested, the administrator may extend the lease agreement for an additional twelve (12) months so long as the conditions relating to the parking spaces have not significantly changed. Any applicant wishing for an extension to an established lease agreement, must submit an application to the administrator no later than two (2) weeks prior to the termination of the existing approval. 5. No applicant shall be permitted to lease more than sixty percent (60%) of the parking spaces which is the difference between the average capacity of the lot and the peak day utilization as determined by the administrator. 6. No applicant who is operating a private parking area charging an hourly fee on the effective date hereof shall be eligible for approval of his or her application. 7. Parking required for any use in accordance with this title may not be satisfied by the leasing of space from another person under the provisions of this section. 8. It shall be the responsibility of the owner, occupant or building manager who has leased spaces to others to provide adequate and proper signs on the premises and to Town of Vail Page 9 September 18, 2018 - Page 99 c see that the leased spaces are used and occupied in accordance with the lease agreement. 9. Leasing shall be permitted for short term parking only, and shall be prohibited for long term storage of vehicles by individuals or companies. 10. Car rental agencies may lease parking spaces only in the CC3 district, and shall be limited to a maximum of fifteen (15) parking spaces per site. Each site may be allowed a maximum of one lease for a car rental agency. (Ord. 2(2012) § 5: Ord. 29(2005) § 29: Ord. 3(1999) § 5: Ord. 47(1991) § 1: Ord. 31(1985) § 1: Ord. 34(1977) § 1) Vail Land Use Plan 1. General Growth / Development 1.3. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. The quality of development should be maintained and upgraded whenever possible. Skier/ Tourist Concerns 2.8 Day skier needs for parking and access should be accommodated through creative solutions such as: a. Increase busing from out of town. b. Expanded points of access to the mountain by adding additional base portals. c. Continuing to provide temporary surface parking. d. Addition of structured parking. Seasonal Surface Parking Areas In support of the impact assessment of the Vail Mountain Master Plan, a parking and bus utilization analysis was conducted. This analysis identified the magnitude of the increase associated with skier expansion, as well as the internal shift in ski portal use because of the location of mountain expansion. It was projected that a shortfall of 597 public parking spaces would occur in the Village / Golden Park area while a surplus of spaces would result in the Lionshead / Cascade Village area. A variety of solutions to the projected shortfall were identified including: • Expansion of the Transportation Center by 450 spaces • Relocation of the rental car operation to free up spaces in the Transportation Center • Increased parking as part of the Golden Peak base facility redevelopment • Expanded parking at Ford Park • Increased use of remote parking facilities such as the golf course lot Town of Vail Page 10 September 18, 2018 - Page 100 • Leasing of private spaces by employees • Greater utilization of the bus system Vail Transportation Master Plan D. Parking The Town should look to expand the public parking supply within Main Vail to reduce the frequency of Frontage Road use for overflow parking. Based on accommodating a 90th percentile and based on Frontage Road parking data over the past few ski seasons, 400 new spaces should be developed over the short term. Over the long term, 1000 additional spaces (600 more) should be developed in Main Vail. To the extent possible, more new public spaces should be located in the eastern sections of the Main Vail area. Potential locations include: • West Lionshead (up to 400 additional spaces) • Lionshead Parking Structure (as part of its redevelopment; possible net gain of 300 spaces) • Ford Park (at least 300 additional spaces, and possibly more if the above- mentioned locations do not include an increase) The addition of these parking areas, along with additional commercial and skier access would "spread out" Vail's base area to approximately 1.6 miles of frontage. Because of the increased density, activity, and distance, the Town's transportation system within and to the Main Vail area clearly needs to be enhanced to support these activities through the combination of roadway improvements and transit service enhancements. A more detailed parking study to verify these locations and the associated number of additional spaces will need to be completed by the Town prior to any implementation. The study will need to take into account the aforementioned potential recommendations as well as looking at alternative locations, transit incentives, in combination with parking management solutions that may alleviate the parking situation, which may include outlying lots with bus service. VII. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and 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 3. 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 Town of Vail Page 11 September 18, 2018 - Page 101 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VIII. ENVIRONMENTAL IMPACTS The Community Development has not identified any significant environmental impacts with the proposed short term leasing of parking spaces. If this program is highly successful, it could lead to more efficient use of existing parking spaces and could reduce the need to construct new public parking lots or structures. Also, by reserving a parking space ahead of time, visitors may spend less time idling or seeking parking, which could have a positive impact on air quality. There is a small chance that some property owners wishing to increase on-site parking, in order to collect parking revenue, will seek to pave additional surface parking areas. IX. STAFF RECOMMENDATION The Community Development Department has the following recommendations at this time: 1. Leasing of parking spaces should be limited to areas of the Town that are close to the major destinations, such as the ski area bases, Vail Village, and Lionshead or within short walking distance. This can be accomplished with existing zoning, existing maps (such as the Core Area Parking maps), or with a new overlay map. 2. The leasing of parking spaces should be limited to higher density areas of town, which will likely mean properties with HOAs and professional property managers; this should provide for more on-site management of issues and conflicts that arise from parking disputes, and keep the Town of Vail out of the enforcement of these private transactions. This will also help to preserve the residential character of low density residential neighborhoods. 3. Parking should not be allowed where access is taken from established pedestrian malls (i.e. Bridge Street, Meadow Drive, Willow Bridge Road, Lionshead Mall). The Community Development Department recommends the Planning and Environmental Commission provide feedback to the staff on the areas of Town where leasing of parking should be permitted and any additional questions that need to be answered in order to make a recommendation to the Town Council. X. ATTACHMENTS A. Map of Existing Zone Districts for Leasing of Parking Spaces B. Map of Commercial Core Area Parking C. Public Comment Town of Vail Page 12 September 18, 2018 - Page 102 From: Suzanne Silverthorn To: Grea Hall; Chris Neubecker Cc: Patty McKenny Subject: Fwd: Regarding private parking leasing in Vail Date: Monday, June 11, 2018 7:26:06 PM FYI Suzanne Silverthorn, APR Director of Communications Town of Vail 970-479-2115 970-471-1361 (cell) Begin forwarded message: From: Mike Swartz <mike. swartz 1 @comcast.net> Date: June 11, 2018 at 6:40:30 PM MDT To: <towncouncil@vailgov.com> Subject: Regarding private parking leasing in Vail Dear Vail Town Council, This note is in regard to the June 6th Vail Daily article regarding individual private owners of parking renting their spaces to alleviate the parking crunch. I of course see the problem every day in the winter with the frontage roads parked up (and this last weekend for the Go Pro Games). Perhaps this idea could work for commercial properties, hotels, etc., but I think this is a terrible idea if the council is considering allowing condo owners to rent a space. I absolutely do not want an ever- changing daily stream of different parkers in my condo parking lot (I live in Sandstone Park). There is no one available to police the situation to know who is parking in what space or how to deal with folks that have parked in an incorrect space, or come back to the condo late at night after an evening of dinner and drinking, or whose car alarm is blaring, etc. This is the same whether the parking space is rented for a day or long term. If you can't knock on a neighbor's door to ask them to please move their car which is improperly parked in your space, or if their vehicle is leaking gas or oil all over the driveway, or they left their lights on, or their car was vandalized, etc., then how will the other tenants of the property be able to monitor this? The news article said the council plans to move "fairly quickly" on this so I wanted to provide some thoughts for your consideration. Thank you for your attention to this matter. Please feel free to respond to this email or you can call me to discuss further at (303) 641-9015. September 18, 2018 - Page 103 Regards, -Mike Swartz Michael J. Swartz cell: (303) 641-9015 mike.swartzl @comcast. net September 18, 2018 - Page 104 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 16, Series of 2018, First Reading, An Ordinance Amending Chapter 8 of Title 7 of the Vail Town Code Regarding Low -Speed Electric Vehicles and Golf Cars PRESENTER(S): Matt Mire, Town Attorney ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance No. 16, Series of 2018 upon first reading. BACKGROUND: Pursuant to C.R.S. § 42-4-111, the Town is empowered to regulate the operation of low -speed electric vehicles and golf cars within its jurisdiction. Review draft legislation which addresses allowing electric vehicles on town streets. Several hotels are currently using electric vehicles to transport skis and guests to the mountain. Topics to consider might include identifying a drop off location as well as identifying which streets would be accessed by these vehicles. ATTACHMENTS: Description Ordinance No. 16, Series of 2018 Documents sent from The Lion September 18, 2018 - Page 105 ORDINANCE NO. 16 SERIES 2018 AN ORDINANCE AMENDING CHAPTER 8 OF TITLE 7 OF THE VAIL TOWN CODE, REGARDING LOW -SPEED ELECTRIC VEHICLES AND GOLF CARS WHEREAS, pursuant to C.R.S. § 42-4-111, the Town is empowered to regulate the operation of low -speed electric vehicles and golf cars within its jurisdiction. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 8 of Title 7 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: CHAPTER 8 LOW -SPEED ELECTRIC VEHICLES AND GOLF CARS 7-8-1: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: GOLF CAR: A self-propelled vehicle with: a design speed of less than twenty (20) miles per hour; at least three (3) wheels in contact with the ground; an empty weight of not more than one thousand three hundred (1,300) pounds; and a carrying capacity of not more than four (4) persons. LOW -SPEED ELECTRIC VEHICLE (LSEV): A vehicle that: is operated by a licensed driver; is self-propelled utilizing electricity as its primary propulsion method; has at least three (3) wheels in contact with the ground; does not use handlebars to steer; exhibits the manufacturer's compliance with 49 C.F.R. 565 or displays a seventeen -character vehicle identification number pursuant to 49 C.F.R. 565; and complies with 49 C.F.R. 571.500. 7-8-2: GOLF CARS: The Vail Golf Course and its employees may use and operate golf cars at the Vail Golf Course for loading and delivery operation and golf operations and maintenance. Persons playing golf at Vail Golf Course are permitted to use golf cars on the Vail Golf Course, but individual use of golf cars outside of Vail Golf Course operations is prohibited. Golf cars shall at all times yield to pedestrians, bicycles and motor vehicles. 1 9/13/2018 IIVWS-STORAGEIDESKTOPS$1TNAGELIDESKTOPIORDINANCE NO 16, SERIES OF 2018.DOT September 18, 2018 - Page 106 7-8-3: LOW SPEED ELECTRIC VEHICLES: A. An LSEV shall only be used for the transportation of persons and their belongings on Town streets with speed limits not exceeding thirty-five (35) miles per hour. B. An LSEV may only be operated on Town streets if: 1. The operator holds a valid driver's license; 2. The LSEV is properly equipped and registered as provided by law; 3. The owner of the LSEV holds a complying insurance policy or certificate of self-insurance; 4. The LSEV is not carrying a greater number of passengers or load than that specified by the manufacturer; 5. The driver and passengers are all seated in seats designed and intended for such purpose; and 6. The driver and all passengers comply with the Model Traffic Code, this Code and other applicable law. 7-8-4: DESIGNATED AREAS: A. Golf cars: Other than their permitted uses on Vail Golf Course property, employees of Vail Golf Course may operate golf cars and travel on the following Town roadways related to Vail Golf Course operations: 1. Sunburst Drive from the Vail Golf Course Clubhouse to Vail Valley Drive; 2. Vail Valley Drive from Sunburst Drive to the crossover from hole six (6) to hole seven (7); and 3. Golf cars may also cross Sunburst Drive between holes one (1) and two (2) and holes eight (8) and nine (9); B. LSEVs: A LSEV may be operated upon any public street in the Town where the posted speed limit is thirty-five (35) miles per hour or less. C. Ford Park: LSEVs and golf cars may travel on the paved paths immediately surrounding Ford Park and the Gerald Ford Amphitheater, including the two (2) paved parking lots, but may not travel 2 9/13/2018 IIVWS-STORAGEIDESKTOPS$1TNAGELIDESKTOPIORDINANCE NO 16, SERIES OF 2018.DOT September 18, 2018 - Page 107 on any sidewalk bordering the South Frontage Road. The Town may limit the total number of golf cars or LSEVs allowed in Ford Park at any one time. 7-8-5. EXEMPTIONS: A. The Town recognizes that golf cars and LSEVs can be useful tools to assist the elderly and handicapped in certain situations, and grants the Chief of Police or designee the power to approve limited, controlled use of golf cars when specially requested in other areas of the Town. Such uses shall not include travel on any frontage road, Interstate 70 or Bighorn Road, and may not exceed a distance of one-quarter (1/4) mile from their point of origin when in operation. B. The Chief of Police or designee may also designate a section of Vail Valley Drive from Northwoods condominiums to the east end of the soccer field as open to approved golf car travel during special community events for associated travel. 7-8-6: PROHIBITIONS: cars: A. The following acts are prohibited in the operation of golf 1. Engaging in the transport of either passengers or goods, which are neither employees or patrons of Vail Golf Course nor property belonging to the same. 2. Picking up or dropping off employees along any public roadway. 3. Traveling on any dedicated recreation path or sidewalk not specifically indicated in this Chapter. 4. Traveling on any portion of roadway not specifically permitted by this Chapter. B. The following acts are prohibited in the operation of LSEVs: 1. Traveling on any dedicated recreation path or sidewalk not specifically permitted by this Chapter. 2. Traveling on any roadway not specifically permitted by this Chapter. 3. Operating a LSEV on a state highway in the Town, except that a LSEV may be operated to directly cross a state highway that has a speed limit greater than thirty-five (35) miles per hour at an 3 9/13/2018 IIVWS-STORAGEIDESKTOPS$1TNAGELIDESKTOPIORDINANCE NO 16, SERIES OF 2018. DOT September 18, 2018 - Page 108 at -grade crossing to continue traveling along a roadway with a speed limit equal to or less than thirty-five (35) miles per hour. C. It is unlawful for a person under the age of eighteen (18) to operate or ride in a golf car or LSEV on a public street without being secured by at least a two-point safety harness (seat belt), except for a person with a physically or psychologically disabling condition whose physical or psychological disability prevents appropriate restraint by a safety harness. 7-8-7: VIOLATION; PENALTY: A. It is unlawful to violate any provision of this Chapter. B. Violations of this Chapter shall be punished as provided in Section 7-1-6. 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 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 4. 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 September, 2018 and a public hearing for second reading of this Ordinance is set for the day of , 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Patty McKenny, Town Clerk 4 Dave Chapin, Mayor 9/13/2018 IIVWS-STORAGEIDESKTOPS$1TNAGELIDESKTOPIORDINANCE NO 16, SERIES OF 2018.DOT September 18, 2018 - Page 109 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2018. ATTEST: Patty McKenny, Town Clerk 5 Dave Chapin, Mayor 9/13/2018 IIVWS-STORAGEIDESKTOPS$1TNAGELIDESKTOPIORDINANCE NO 16, SERIES OF 2018. DOT September 18, 2018 - Page 110 Tammy Nagel From: Matt Mire <jmm@hpwclaw.com> Sent: Thursday, September 13, 2018 3:41 PM To: Tammy Nagel Subject: FW: Low Speed Electric Vehicle Attachments: TOV Vehicle Voicemail.m4a; Email from TOV code enforcement.5.02.18.docx; Legal Information Institute.pdf; Revised Statutes.pdf; TOV 7-8-1 Neighborhood Electric Vehicles.pdf From: Richard Travers <rtravers@wtpvail.com> Sent: Monday, June 11, 2018 11:53 AM To: Matt Mire <jmm@hpwclaw.com> Subject: Low Speed Electric Vehicle Matt, As a follow-up to our call last week discussing The Lion Association's use of a low -speed electric vehicle (LSV), I am writing to provide a brief outline of the situation and applicable law, as follows: 1. The Lion investigated with the Town prior to purchasing its LSV and received the attached phone message from Jesse Parros at Code Enforcement. In reliance on that message, the HOA purchased its LSV for use between The Lion and Arrabelle for the drop-off of guests and skies. It is a short distance along roads posted at 15 mph and the LSV was chosen, not only for convenience of guests, but also as a clean -energy alternative to van shuttling. Since the purchase of the LSV, The Lion received the attached email from Randy Braught at the Town citing the Town's Neighborhood Electric Vehicles Ordinance and deeming use of the LSV improper on Town roads. 2. LSVs are very new and most jurisdictions are unclear on exactly what they are. To summarize, a LSV is not a golf cart. A golf cart has a serial number while an LSV receives a full 17 character VIN registration number, meaning that it meets stringent federal manufacturing requirements necessary to qualify it as road -legal under Colorado law. The safety measures include such items as seat belts, headlamps and taillamps, turning signals, windshields with wipers, and side mirrors, all of which must meet federal safety manufacturing guidelines. [See attached federal regulation, 49 -CFR 571.500] A golf cart, due to how it was originally manufactured, could never be registered as a LSV. 3. A LSV, by reason of its VIN number, qualifies it as a Tax Class C vehicle under Colorado Statute 42-4-109.5. As such, the LSV can be titled and registered with the Colorado Department of Motor Vehicles and receive a license plate, which permits it to be operated on roads posted at no more than 35 mph. [copy of 42-4-109.5 is attached] 4. The LSV purchased by The Lion Association has been registered with the Colorado DMV, has a valid state license plate and has all required insurance under Colorado law. 5. It is our position that The Lion Association's LSV is not a Neighborhood Electric Vehicle (NEV) and does not fall under the requirements of the Town's NEV Ordinance, which is designed to regulate unregistered golf carts that possess neither the stringent safety equipment of a LSV nor the state law authority to operate on roads. [Town NEV Ordinance is also attached here.] We respectfully request that the Town recognize The Lion Association's LSV as permitted to operate on Town roads in accordance with Colorado law. Its use would not only represent a safe use on the low -speed roads on which it is planned to operate, but would also represent an attractive alternative to high -emission vehicles. Please feel free to contact me with any questions. Thank you. Best regards, Rick Richard D. Travers (970) 790-1602 rtravers@wtpvail.com IJV T P WEAR TRAVERS PERKINS u.c Riverwalk -1st&Main I 97 Main StreetE2O2 1 Edwards, Colorado 81632 1 970.476.7646 www.wtpvaiI.carn 1 September 18, 2018 - Page 111 CONFIDENTIALITY NOTICE This electronic mail transmission and any attachments contain information belonging to the sender which may be confidential and legally privileged. This information is intended only for the use of the individual or entity to whom this electronic mail transmission was sent as indicated above. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in this transmission is strictly prohibited. If you have received this transmission in error, please immediately inform me by "reply" email and delete the message. Thank you. 2 September 18, 2018 - Page 112 5/02/18 text copy of email from Randy Braucht: Andrew, Thank you for sending the information over. I tried calling you, but did not want to delay a response to you any longer than necessary. While Title 42 of the Colorado Revised Statutes defines your vehicle as a low -powered electric vehicle, their use on the public roads in the Town of Vail is not allowed under town ordinance. That Town of Vail is chartered as a home -rule municipality, which grants the Town Council the ability to make such regulation. Town ordinance 7-8-1 Neighborhood Electric Vehicles specifically prohibits their use; with very little exception. Also by definition, the vehicle you have described and other low powered electric vehicles defined under Title 42-1-102, meet the TOV ordinance definition of a neighborhood electric vehicle. I've attached a copy of this ordinance for your review. In addition to their use on public roadways being prohibited, neighborhood electric vehicles have no permitted use in "Commercial Core II," which is the Lionshead area (TOV Ord 7-8-4). Finally, the use of a neighborhood electric vehicle "engaging in the transport of either passengers or goods, which are neither employees of nor property belonging to, the commercial entity" is prohibited (TOV Ord. 7-8-6). A violation of this ordinance is a misdemeanor traffic offense, with shared liability amongst both the operator and the commercial entity that owns the electric vehicle. I understand and fully appreciate your statement of understanding the potential community ramifications and your desire to be a good neighbor. You are well within your right to take this matter before Town Council for review, and/or recommendation. However, after consulting with the Town Attorney, at this point the use of your electric vehicle upon the roadways in the Town of Vail will not be allowed. Respectfully, Randy Braucht Acting Patrol Sergeant #211 Vail Police Department TOWN OF VAIL 970.479.2200 970.391.3231 cell 970.479.3434 fax vail911.com twitter.com/vailgov September 18, 2018 - Page 113 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Adjourn at 7:15 p.m. TOWN Of UAIL September 18, 2018 - Page 114