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Home My WebLink About2018-07-23 PEC0 PLANNING AND ENVIRONMENTAL COMMISSION TOWN OF VAI0 July 23, 2018, 1:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 Call to Order 1. 1. Attendance Present: Brian Gillette, Brian Stockmar, Karen Perez, Ludwig Kurz, Rollie Kjesbo Absent: John -Ryan Lockman, Pam Hopkins 2. Site Visits 2.1. 680 Lionshead Place - Antlers Condominiums 3. Main Agenda 3.1. A request for the review of a Major Exterior Alteration, pursuant to Section 5 min. 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the conversion of offices and a meeting room into one (1) dwelling unit, expansion of the existing lobby and check-in area with an elevator serving all levels, and the construction of second level offices above the existing lobby, located at 680 Lionshead Place/Vail Lionshead Filing 3 (Antlers Condominiums), and setting forth details in regard thereto. (PEC18-0029) Applicant requests that this item be tabled to August 13, 2018. Applicant Antlers Condominiums, represented by GPSL Architects Planner: Justin Lightfield Ludwig Kurz moved to table to August 13, 2018. Brian Gillette seconded the motion and it passed (5-0). Absent: (2) Hopkins, Lockman 3.2. A request for a recommendation to the Vail Town Council for a Prescribed 20 min. Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-2-2, Definitions of Words and Terms, Vail Town Code, to amend and clarify the definitions of Commercial Ski Storage, and setting forth details in regard thereto. (PEC17-0042) Applicant Town of Vail Planner: Jonathan Spence Spence presented an update on the topic of commercial ski storage, and some background on how the Town arrived at its current recommendation. Purpose is to look at what is considered ski storage, and what is not. Staff met with Jeff Babb (Vail Resorts) and Alison Wadey (Vail Chamber and Business Association). He read the proposed language in the text amendment. This approach has been slimmed down and simplified from the previous approach. Staff updated the Town Council on this topic several weeks ago Perez — Please tell me how you got to this simplified approach. There are many issues in the PEC minutes from past meetings that were discussed by the task force that are not addressed in this new approach. For example, the hours of operation for ski storage. Spence — Some of the issues that were not addressed have not been a problem. For example, we have not had problems with the hours of operation. Also, on easements, there is so much variety, and we will need to review each easement separately. Gillette — What are the problems that were identified? Spence — Mostly some merchants had identified other merchants that were seen as possibly not following the rules. This text amendment will clarify what is defined as ski storage. Kurz — Interested to hear from Jeff. Thanked Jeff Babb and Alison Wadey for their views. I would like to hear the buy in from the general merchants. Public Comment Jeff Babb, Vail Resorts — Commended the staff for the time they have put into this issue. This is a problem that is not really a problem. There were several businesses that identified other businesses not in conformance with rules. We needed to go back to the original intent, which is to unencumber our guests from their equipment as soon as possible. We want to make this as convenient for the guest as possible, and make sure its on -brand with Vail. There was no opposition that I am aware of from other merchants. We think this is resolving the issues. Perez — There is no definition with The Vail Brand. Is this the Town of Vail or Vail Resorts? It's capitalized. Spence — The Vail brand is a term we frequently used in general in our discussions. Stockmar — This term is used in general. Suggest removing the capital on Vail Brand, to lower case "b". Perez — Just want to be clear if this is related to Town of Vail or Vail Resorts. Please change the capital B to lower case b. Stockmar — This is a complex issue. Appreciate simplifying the issue. Agree with the need to keep up the Vail brand. This seems like a reasonable approach to the issue. Kurz — Timing of this is way better than what we have done in the past. In the past we addressed these issues in November. It's now J uly, and a much better time in advance of the ski season. Perez —Asked about skis that have been rented or recently serviced. Did you consider that these skis should be stored in the basement? Babb — We came to agreement that a ski in the shop rented to a guest that is returned to the rental shop used to go back in the same spot; but when it's rented, they can put the ski in another location more convenient to the customer. Perez — Was there discussion that this will increase the number of skis displayed outside? Spence — If we prohibit rented skis outdoors, they will be filled by other skis. It's related more to the availability of space outdoors. If you have land outside to have outdoor display, that is a reality of the cost of leasing the space. Stockmar — There is a need to create a sense of vibrancy. Skis can be displayed on any level that does not interrupt the guest experience. Public Comment — None Kjesbo — Seems better, more clear cut, and better definitions Gillette —Agreed Perez — My questions have been addressed Stockmar — This to me is an ad hoc situation with some but little teeth. It's not hard to remember that this Town only exists because of the mountain, both summer and winter. This is a solution to a problem that is minor. Ludwig Kurz moved to approve. Brian Gillette seconded the motion and it passed (5-0). Absent: (2) Hopkins, Lockman 3.3. A request for a recommendation to the Vail Town Council for a Prescribed 75 min. 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, to amend Section 12-10-17, Leasing of Parking Spaces, 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 Neubecker introduced the topic to the commission including a recap of the existing parking regulations. He provided the commission with a map showing where leasing of parking is currently permitted. Neubecker introduced Shelly Jarnot, who is interested in providing a website/web application to facilitate the leasing of unused parking spaces. Neubecker discussed the issues regarding the leasing of parking spaces in different parts of the community. He spoke to the questions raised in the staff report. Gillette asked, what would be the Town's response if someone complained about parking on private property? Stockmar relayed an experience where the Town recommended that he call a tow truck to remove the vehicle in his space. Neubecker mentioned that a recommendation is not requested at this time but rather a discussion of the issues. He mentioned that other sections of the code may need to be amended as a result of this proposed change. Gillette recommended that we remove the leasing language and regulations altogether, and not regulate. Then see what problems might arise, if any. Stockmar agrees and wonders if we are making too big of an issue out of this. May need to further empower the Police Department. Gillette- This is already occurring on Mill Creek. Perez -Worried about liability issues from her experience as an HOA representative, and unintended consequences. Stockmar-I agree, but that is where empowering the Police Department comes in. Perez- Should not be the responsibility of the Police. They have better things to do. Neubecker brought up the challenges perhaps with additional vehicle booting and towing, and the impact on the Vail brand. Stockmar spoke to a number of issues that may arise from a program such as this. Perez spoke to the problems of vehicles in places where they shouldn't be or people not know where they are going. Gillette -Let it go and then see what problems may arise. Neubecker spoke to the issues within the short term parking in the villages, and vehicle access over pedestrian malls. Commissioners spoke to support of this prohibition of accessing over pedestrian malls. Gillette- Asked for clarification with the Police Department about what happens when someone is parked in your spot. Stockmar spoke on demand reduction, as well as supply. Perez asked about the Red Sandstone garage coming online and the plan for that parking. Neubecker provided an answer regarding current Ford Park parking lot users, many of whom will relocate to Red Sandstone. Kurz- This is a creative solution, but how much more traffic are we going to create within town with this program? There will be unintended consequences. In the past we have spoken about reducing the number of cars and traffic. Perez-Bustang? Shelly Jarnot-Need to think about what we are trying to solve. We have a parking shortage. Ideally someone will know where they are supposed to park before they arrive. Spoke to market forces determining prices. Spoke to the guest experience and the problems with frontage road parking. Kjesbo spoke to the underutilized parking at Vail Mountain School and other locations. Neubecker asked for additional feedback from the commission as far as direction or additional information needed. Gillette -Eliminate current regulations, restrict in pedestrian areas, and see how it goes. Kjesbo-Agree with Gillette. Less regulation, the better. Kurz- Not sure we should remove existing regulations. Not sure we should open it wide. Perez- Likes the current regulations which require a utilization study. Not sure of the impacts without a study. Need to know more. Stockmar- A lot we don't know, but the solution may not be in front of us. Should address current regulations. Needs more study. Would love to get cars out of the core. Neubecker walked the Commissioners through the current regulations in the Town Code. He spoke of the Parking Task Force and bringing this item before them. Jarnot- Spoke on the idea of building more parking vs. using existing parking. Cautioned against over regulation. Stockmar- Agrees, but there are other issues that may need to be addressed. Neubecker recommended tabling this item to August 27, 2018. Stockmar discussed the task force. Brian Gillette moved to table to August 27, 2018. Rollie Kjesbo seconded the motion and it passed (5-0). Absent: (2) Hopkins, Lockman 4. Approval of Minutes 4.1. July 9, 2018 PEC Results Ludwig Kurz moved to approve. Karen Perez seconded the motion and it passed (4-0). Abstain: (1) Kjesbo Absent: (2) Hopkins, Lockman 5. Adjournment Karen Perez moved to adjourn. Brian Gillette seconded the motion and it passed (5-0). Absent: (2) Hopkins, Lockman 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 City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: July 23, 2018 ITEM/TOPIC: A request for the review of a Major Exterior Alteration, pursuant to Section 12-71-1-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the conversion of offices and a meeting room into one (1) dwelling unit, expansion of the existing lobby and check- in area with an elevator serving all levels, and the construction of second level offices above the existing lobby, located at 680 Lionshead Place/Vail Lionshead Filing 3 (Antlers Condominiums), and setting forth details in regard thereto. (PEC18-0029) Applicant requests that this item be tabled to August 13, 2018. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: July 23, 2018 ITEM/TOPIC: 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 12-2-2, Definitions of Words and Terms, Vail Town Code, to amend and clarify the definitions of Commercial Ski Storage, and setting forth details in regard thereto. (PEC17-0042) ATTACHMENTS: File Name Description PEC17-0042 Staff Memorandum.pdf Staff Memorandum Memo Commercial Ski Storage Update 100917.pdf Staff Memorandum to the PEC, 10-09-2017 Pec results 100917.pdf PEC Meeting Minutes, 10-09-2017 0) rnwN ofvain 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 12-2-2, Definitions of Words and Terms, Vail Town Code, to amend and clarify the definition of Commercial Ski Storage, and setting forth details in regard thereto. (PEC17-0042) Applicant: Town of Vail Planner: Jonathan Spence I. SUMMARY The Town of Vail requests the review of a Prescribed Regulation Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-2-2, Definitions of Words and Terms, Vail Town Code, to amend and clarify the definition of Commercial Ski Storage. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission (PEC) forward a recommendation of approval to the Vail Town Council, of this application, subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST/APPROACH Before returning to the PEC at this time for a recommendation, staff first updated the Vail Town Council regarding the Town's policy concerning the regulation of commercial ski storage, ski valet and ski concierge services on June 19th of this year. Staff has encouraged a policy that is focused on the following elements: • Guest Service consistent with the Vail Brand; • Considerate to existing and future business models; • Considerate of the aesthetic expectations of our guests and residents; • Considerate of pedestrian and vehicular safety; and • A policy that is fair, consistent, understandable and easily enforceable. To this end, staff has worked with Jeff Babb of Vail Resorts and Alison Wadey of the Vail Chamber and Business Association to propose minor amendments to the Vail Town Code that will further facilitate the elements of the policy. The purposes of the amendments are to: • Provide further clarification as to what is, and is not, considered commercial ski storage; and • Clarify ski storage that is part of a lodge or dwelling unit. It is our belief that these changes, although minor, provide the needed clarifications regarding what does and does not constitute commercial ski storage while allowing the continuation of services consistent with guest expectations and the Vail Brand. The Town Council expressed support for this approach and for staff to return to the Planning and Environmental Commission for a recommendation on the proposed code changes. III. PROPOSED TEXT AMENDMENT LANGUAGE Based upon the concerns expressed by the PEC and in further discussions and coordination with the Vail Resorts and the Vail Chamber and Business Association, as well as previous conversations and feedback from the Ski Storage Task Force, a decision was made not to expand permitted locations for the commercial ski storage and to not codify the relationship between ski racks and pedestrian or other easements. It was determined that the utilization of existing regulations related to Outdoor Storage and the examination of any conflicting easements was best done on an individual basis. In an effort to provide the community, retailers and code enforcement with a better understanding of what does and does not constitute commercial ski storage, staff, Vail Resorts and the Vail Chamber and Business Association recommend the following additional language be added to the definition section (Section 12-2-2) of the Vail Town Code. New language proposed is shown in bold. COMMERCIAL SKI STORAGE/SKI CLUB: Storage for equipment (skis, snowboards, boots and poles) and/or clothing used in skiing related sports, which is available to the public or members, operated by a business, club or government organization, and where a fee is charged for hourly, daily, monthly, seasonal or annual usage. This use may have, but does not require, the following components: A. Personal lockers, B. Boot dryers, C. Ski storage racks, D. Ski tuning, Town of Vail Page 2 E. Food and beverage service, F. Areas for congregation and/or socializing, G. Restrooms and/or shower facilities, H. Nonwinter activities, I. Concierge ski services, J. Retail sales, K. Business center. Ski storage that is part of a lodge, or dwelling unit, in which a fee is not charged and is located within the lodge or dwelling unit, is not considered commercial ski storage/ski club. The following activities, when accessory to a retail operation, shall not be considered ski storage: A. The outdoor display of skis or skiing related equipment that is available for sale, available for rent, rented or recently serviced. Outdoor display is subject to requirements of Section 12-14-21: OUTDOOR DISPLAY OF GOODS. B. The storage, on levels other than the basement or garden level, of skis or skiing related equipment that is available for sale, available for rent, rented or recently serviced. IV. BACKGROUND The Town of Vail and its regulations of ski storage, ski valet and ski concierge services have not kept pace with the evolving nature of the ski industry. As a result, the Town is experiencing the following challenges with the current regulations on commercial ski storage: Regulations that may be ambiguous and vague. Regulations that appear to be inconsistent with evolving customer expectations. Regulations that may be difficult and/or impractical to enforce, resulting in a perception of inconsistent enforcement. On August 1, 2017, the Community Development Department presented a report to the Town Council on Commercial Ski Storage to engage the Council in a discussion regarding the Town's policy concerning commercial ski storage, ski valet and ski Town of Vail Page 3 concierge services. At the end of the discussion, Town Council supported the creation of a Task Force consisting of business owners and managers in Vail's ski and lodging industry, and Town staff. The mission of the Task Force was to study this issue in greater detail, and provide feedback to the Town Council on amendments that may be needed to the Town's current regulations. Fourteen members of the local ski and lodging industry signed up for the Task Force, and several others contacted the Community Development Department after the August 1, 2017 meeting, expressing interest in participating. Following are members of the Task Force that attended at least one of these meetings: Chris Cremer Intrawest /Ski Haus Jeff Evans Christy Sports Jeff Babb Vail Resorts Marco Valenti Vail Resorts Retail Scott Gubrud Four Seasons Brent Martin Four Seasons Jacob Bangston Sebastian Base Camp Jay Lucas Ski Base Tom Neyens Ski Valet Zack Meyers Arrabelle Tom Higgins American Ski Exchange Chris Howe Ski Butlers/ Antlers Alison Wadey Vail Chamber and Business Association Jenn Bruno Vail Town Council Kevin Foley Vail Town Council Task Force meetings were held on August 18, August 23, and August 25, 2017. Based on input from the Task Force at these meetings, and tours of the some of the participating businesses, the Community Development Department and the Task Force developed recommendations for the Town Council to consider. On September 5, 2017, the Community Development Department and Task Force presented their recommendations to the Town Council. The Town Council supported the recommendations, and directed staff to begin to draft text amendments to implement the changes. On September 11, 2017, the Community Development Department presented the Commercial Ski Storage Task Force's recommendations to the PEC. The PEC requested more time to review specific code language, and requested that this topic return for further discussion. On September 25, 2017, the Community Development Department presented the Commercial Ski Storage Task Force's recommendations to the PEC. The PEC requested site visits to several of the ski shops, ski valet services and ski clubs Town of Vail Page 4 impacted by these regulations. A tour of these properties is scheduled for October 9, 2017 as part of the PEC meeting. On October 9, 2017 the Planning and Environmental Commission further reviewed the proposed recommendations of the Task Force, expressing concerns with the proposed changes and possible unintended consequences, particularly as related to expanding allowable commercial ski storage to building levels other than the basement/garden levels and the placement of ski racks within pedestrian or other established easements. The staff memorandum and minutes from this meeting are included as Attachments A and B. 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 and make the final decision. 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. 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 prov des 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. 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: Town of Vail Page 5 Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2: Purpose.- A. urpose: 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. urposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 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. VII. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Staff finds the proposed zoning code amendments further the general and specific purposes of the zoning regulations by promoting the harmonious development of the Town's villages while maintaining established community qualities and economic values. Staff finds that this criterion has been met. Town of Vail Page 6 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 Staff finds that the proposed prescribed regulations amendments will better implement or achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan. Specifically in the Vail Land Use Plan's adopted Goals and Policies, staff identified the following applicable statements: 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. 2. Skier/Tourist Concerns 2.1. The community should emphasize its role as a destination resort while accommodating day visitors. 2.2. The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 2.3. The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 4. Village Core/ Lionshead 4.3. The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality.) Staff finds that this criterion has been met. 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 storage of skis and skiing related gear has evolved from the storage of equipment to a personal service desired and often expected by our guests. As this land use has evolved, the Vail Town Code has remained largely static. As a result of this inaction, the town code is unable to provide the necessary regulatory framework to effectively and fairly uphold the intent of the Lionshead and Vail Village Master Town of Vail Page 7 Plans and the Town Zoning Code itself. The new definition takes into account the substantial changes that have occurred concerning the use since the adoption of the current regulation. Staff finds that this criterion has been met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Staff believes this text amendment will ensure a harmonious, convenient, workable relationship among land use regulations consistent with the Town's development objectives. Specifically, clarification of what is, and is not, considered commercial ski storage assists merchants and code enforcement personal with a clear regulatory framework. Staff finds that this criterion has been met. 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 proposed prescribed regulation amendment does not have any identifiable environmental impacts. IX. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval for the prescribed 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 text 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- 2-2, Definitions of Words and Terms, Vail Town Code, to amend and clarify the definitions of Commercial Ski Storage, and setting forth details in regard thereto. " Town of Vail Page 8 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 Vll of the July 23, 2018 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 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. Staff Memorandum to the PEC, 10-09-2017 B. PEC Meeting Minutes, 10-09-2017 Town of Vail Page 9 TOWN OF Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 9, 2017 SUBJECT: Commercial Ski Storage - Update PURPOSE The purpose of this memo is to update the Planning and Environmental Commission (PEC) on issues and progress relating to the Town's commercial ski storage regulations and to present a draft of the text amendments necessary to update these regulations. There are also a few questions for the PEC to help determine the direction of these regulations. The PEC is asked to review the questions, and draft text amendments and provide feedback on changes or additional information that may be necessary before moving forward with a formal prescribed regulations amendment. II. BACKGROUND The Town's current regulations of commercial ski storage, ski valet and ski concierge services have not kept pace with the evolving nature of the ski industry. As a result, the Town is experiencing the following challenges with the current regulations on commercial ski storage: • Regulations that are ambiguous and vague • Regulations that are inconsistent with evolving customer expectations; • Regulations that are difficult and/or impractical to enforce, resulting in a perception of inconsistent enforcement; and • Regulations that may have resulted in unintended consequences, most notably considerable storage of ski equipment outside that has both safety and aesthetic implications. On September 5, 2017, the Community Development Department presented the Commercial Ski Storage Task Force's recommendations to the Town Council, which included a recommendation to not change the existing policy on commercial ski storage. The Town Council supported the recommendations, and directed staff to begin to draft text amendments to implement the changes. On September 11, 2017, the Community Development Department presented the Commercial Ski Storage Task Force's recommendations to the PEC. The PEC requested more time to review specific code language, and requested that this topic return for further discussion. On September 25, 2017, the Community Development Department presented the Commercial Ski Storage Task Force's recommendations to the PEC. The PEC requested site visits to several of the ski shops, ski valet services and ski clubs impacted by these regulations. A tour of these properties is scheduled for October 9, 2017 as part of the PEC meeting. (Please see the attached schedule for more information on the locations and estimated times for the tour.) III. RECOMMENDATIONS OF THE TASK FORCE The current zoning regulations permit Commercial Ski Storage/Ski Clubs only in the basement or garden level of a building in the following districts: • Commercial Core 1 (CC1) • Commercial Core 2 (CC2) • Lionshead Mixed Use -1 (LMU-1) • Lionshead Mixed Use -2 (LMU-2) • Ski Base Recreation -2 (SBR -2) Following is a summary of the Task Force recommendations: • Keep the existing horizontal zoning in place, which only allows Commercial Ski Storage and Ski Clubs as a permitted use on the basement or garden level of a structure • Add graphics to improve the definitions for the following: ➢ First floor of street level ➢ Basement or garden level • Separate the definitions for Commercial Ski Storage and Ski Club • Create a separate definition for Ski Storage Lockers • Set time of day limits on the placement of ski racks outside of a business • Do not set limits on the number of racks placed on private property • Ensure that public pedestrian easements are not blocked by ski racks • Consider removing code language on outdoor displays stating that an outdoor display "shall not visually detract from or block storefront or shop window" • Clarify that a building used for delivery of skis to guests of a hotel, which is separated from the hotel property, is considered Commercial Ski Storage (i.e. Four Seasons at Gorsuch on Wall Street) Town of Vail Page 2 IV. WHAT ARE THE IMPACTS OF THESE REGULATIONS? Depending on the amendments that are finally adopted, there may be impacts to local business, the guest experience, code enforcement, or other unintended consequences. Action Positive Impact Negative Impact TIME Time of day limits on the Achieves policy objective. Some business may operate placement of ski racks outside Clearly indicates when racks outside the set time limits. of a business of skis can be placed outside. Ensures ski racks are not outside all the time. May improve safety and aesthetics. PLACE Keep existing zoning that only Maintains vibrancy of retail Guests must walk up stairs in ski allows ski storage in shops and restaurants on boots carrying skis. Reduced basements street level number of locations for ski storage. Prohibit placing racks on Ensures safe passage for Some properties are surrounded by pedestrian easements pedestrians and emergency easements, and would have no vehicles place for ski racks — Arrabelle; Concert Hall Plaza Action Positive Impact Negative Impact Clarify that a ski storage Easier to understand if Change applies only to one building separated from the regulations are more specific property at this time. hotel property is considered Commercial Ski Storage, and is not exempt from Commercial Ski Storage regulations MANNER No limit on number of racks Allows business owner to Potential negative impact on determine what is best for the aesthetics. business OTHER CODE CLARIFICATIONS Add graphics to improve Easier to understand There may be impacts to other understanding of definitions sections of Town Code by amending definitions. Separate the definitions for Easier to understand Commercial Ski Storage and Ski Club Create a separate definition Easier to understand for Ski Storage Lockers Remove language on visually This language in the Outdoor May result in more clutter, and less detracting or blocking Display section of the code is visibility of display windows. storefront or shop window already vague, and may be Conflicts with the Town policy difficult to enforce objective of maintaining vibrancy and economic vitality in the commercial cores. Town of Vail Page 3 After further consideration of these changes and clarifications, the Staff and Task Force request feedback on the following questions in order to have clarity on these regulations: Several businesses in Town currently place racks of skis outside their business during the day, and then roll these racks onto the first floor of the business at night, when the business is closed. These are usually racks for skis that are rented to a customer, and then returned to the same rental shop each night. In some cases, these racks may be for skis belonging to hotel guests, where the hotel has an agreement with the ski shop for storage of the skis. • Is the placement of racks of skis inside a business when the business is closed considered "Commercial Ski Storage"? If it is, then it is currently prohibited on the first floor. • How is this operation distinguished from storage of private skis for an individual? Does it matter if the skis are rented from the same business? • If it is not considered "Commercial Ski Storage", then what is it? • Is the PEC comfortable with additional businesses following this business model, which may lead to more floor area dedicated to ski racks, and less floor area dedicated to retail sales? • There may also be fire and safety issues with too many racks of skis blocking emergency access inside a business. • Limits on the number of racks, or a maximum area, could be implemented. But some businesses selected their locations due to the amount of outdoor space available for display, and limiting the number or area of racks would impact these businesses. 2. The Task Force recommended setting time limits on the placement of racks of skis outside a business. The recommended time limits are from 7:00 AM until 9:00 PM. This timeframe was recommended to allow skis to be placed outside before the lifts open, and late enough that it allows a business to remain open late, if they desire, without brining the skis in while the shop is open. • Is 7:00 AM — 9:00 AM a reasonable timeframe to allow outside racks of skis? 3. Ski Clubs are currently permitted only in the basement or garden level. There is at least one Ski Club that currently operates on upper level of a building, which was permitted as the result of a determination of similar use by a previous Council. In that case, the Ski Club was determined to be similar to an "Eating and drinking establishment". Many ski clubs have a significant ski storage aspect to the club. • Should Ski Clubs be permitted on the second floor or above? Town of Vail Page 4 • If so, this would be a change in policy. • What are the impacts of allowing Ski Clubs on the second floor or above? • The Task Force recommended no policy changes. 4. The Task Force recommended adding language to prohibit placement of ski racks on pedestrian easements. After further research, Staff has determined that many developments in Vail Village and Lionshead are surrounded by pedestrian easements. For example, Arrabelle at Vail Square, the Hill Building, and Concert Hall Plaza each have significant pedestrian easements in front of shop entrances. Prohibiting racks of skis on easements would severely impact businesses that operate in these developments. • The purpose of a pedestrian easement is to ensure that the public has legal and safe access through private property. • Should placing racks of skis on pedestrian easements be prohibited? • If racks of skis on pedestrian easements are allowed, what is the impact on pedestrian circulation? • Is there a size or number of racks that would be acceptable? • This language may not be needed, as each easement is different and requires a case-by-case review, and may require a legal opinion based on the specific language in the easement document. 5. The Task Force recommended that Commercial Ski Storage and Ski Clubs be defined separately, to improve clarity in the regulations. During staff's review of this recommendation, it was determined that there exists very few differences between the two uses and those differences do not necessitate different regulatory approaches. As such, staff believes that separate definitions are not warranted. • Should there be separate definitions of Commercial Ski Storage and Ski Club? • Unless these uses will be regulated differently, there may be no reason to separate the definitions. Following are the proposed text amendments, based on the recommendations of the Task Force and as previously presented to the PEC: (New language is shown in bold and underline. Language proposed for removal is shown in strikethrough.) Title 8 — Outdoor Display on Town Property 8-7-1: PURPOSE: The purpose of this chapter is to provide standards for the licensed use of town Town of Vail Page 5 owned property by retail establishments for outdoor display of goods. Businesses that are located in buildings without adequate privately owned exterior space may obtain a license to use adjacent town owned property for outdoor display of goods, for the purpose of increasing the vibrancy and economic vitality of the commercial cores. (Ord. 32(2007) § 2) 8-7-2: DEFINITIONS: ADMINISTRATOR: The director of the department of community development and/or his or her designee that administers and enforces the guidelines outlined in this chapter. FRONTAGE, BUSINESS: The horizontal, linear dimension of any side of an above grade level that faces a major vehicular or pedestrian way and has its own public entrance for the exclusive use of said business. OUTDOOR DISPLAY. A temporary outdoor arrangement of objects, items, or products representative of the merchandise sold or rented by a retail establishment, and further regulated by section 12-14-21 of this code. PUBLIC WAY.- Means and includes a public street, easement, right of way, highway, alley, way, place, road, or bike path, and any nonexclusive utility easement. RETAIL ESTABLISHMENT: Any licensed business within the town of Vail with a physical location that is open to the public for the purpose of selling, leasing or renting tangible personal property or services at retail. (Ord. 32(2007) § 2) 8-7-3: OUTDOOR DISPLAY OF GOODS REGULATED: It shall be unlawful to place or maintain any outdoor display of goods on town owned property or on other publicly owned sidewalks or rights of way without complying with the provisions of this chapter. (Ord. 32(2007) § 2) 8-7-4: PERMIT REQUIRED.- It EQUIRED: It is unlawful for any person or retail establishment to utilize town owned property or other publicly owned sidewalks or rights of way without first securing an outdoor display on public property permit. Such permit shall be issued by the administrator and shall be pursuant to the requirements of this chapter. Permits may be approved for a time period of up to two (2) years. Permits shall be automatically renewed for additional two (2) year terms unless otherwise terminated. Prior to final approval of a permit, the retail establishment shall enter into a license agreement with the town of Vail, to be executed by the town attorney. Permit applications, application requirement, application fees and Town of Vail Page 6 license fees are on file with the department of community development. (Ord. 32(2007) § 2) 8-7-5: ADMINISTRATIVE ACTION: The administrator shall review the application and make a determination of approval, approval with modifications, or denial within thirty (30) days of submittal of a complete application. The determination by the administrator shall become final at the next planning and environmental commission public hearing following the administrator's decision, unless the decision is called up for review by the commission. Determinations shall be based on the criteria in section 8-7-6 of this chapter. All appeals shall follow the procedures outlined in section 12-3-3, "Appeals"; of this code. (Ord. 32(2007) § 2) 8-7-6: CRITERIA FOR DECISION.- Outdoor ECISION: Outdoor display of goods on town owned property or on publicly owned right of way shall be lawful at specific locations for use by a specific retail establishment approved by the administrator. Retail establishments may be allowed to utilize town owned property for the use of outdoor display should the following conditions be met.- A. et: A. Zone District: The retail establishment shall be located in one of the following zone districts.- 1. istricts:1. Commercial core 1 (CC 1) district. 2. Commercial core 2 (CC2) district. 3. Lionshead mixed use 1 (LMU-1) district. 4. Lionshead mixed use 2 (LMU-2) district. 5. Ski base/recreation 2 (SBR2) district. B. Area: The area of town owned property to be utilized shall be a maximum of twenty (20) square feet for retail establishments. Businesses displaying bicycles may be permitted to license additional square footage of town owned property at the discretion of the administrator. C. Location: The property to be licensed shall be a contiguous piece of property that is directly adjacent to the business frontage. D. Circulation: The use of town owned property for outdoor display shall not impede circulation and thus, shall not block or encroach upon the required ingress/egress of doorways, walkways, stairways, and parking or loading/delivery spaces. The placement of ski racks on pedestrian or vehicular access easements is prohibited. Town of Vail Page 7 E. Street And Sidewalk Width: A minimum street width of twenty two feet (22) shall be maintained in order to allow for emergency vehicle access. Sidewalks shall remain a minimum width of six feet (6). Connection of exit discharge to the public way, as required by the adopted building code, shall not be blocked. F. Public Safety: The use of town owned property for outdoor display shall not pose any risks to public safety. The use of town owned property for outdoor display shall not block or encroach upon any fire lane, fire staging area, and shall maintain a minimum distance to fire hydrants of seven feet (7) to side or rear, and fourteen feet (14) to the front. G. Maintenance Access: The use of town owned property for outdoor display shall not block or impede street sweeping, snow removal or snow storage/loading operations. The use of town owned property for outdoor display shall not block access to trash receptacles, dumpsters, mailboxes, manholes, water valves, flowerbeds or other landscape areas. H. Aesthetics: The use of town owned property for outdoor display shall not negatively impact established view corridor or acknowledged "postcard" images on shall Apt 1i/rC�Lloll do ranGt fnm er b1GGk sterefrept Ar chem winrews 1. Lack Of Available Space: Retail establishments may only be located on a site without twenty (20) square feet of privately owned exterior space adjacent to the business frontage. J. Outdoor Display Fixtures: Outdoor display fixtures shall be freestanding, temporary in nature, and shall be removed from the exterior location when the business is closed. K. Code Compliance: All aspects of the outdoor display shall remain in compliance with this code and the Vail comprehensive plan. (Ord. 32(2007) § 2) L. Ski Racks: The outdoor placement of racks used for display of skis or the distribution and/or collection of rental skis, shall be prohibited between the hours of 9:00 PM and 7:00 AM. Title 12 — Definitions 12-2-2: DEFINITIONS OF WORDS AND TERMS COMMERCIAL SKI STORAGE/SK4-��: Storage for equipment (skis, snowboards, boots and poles) and/or clothing used in skiing related sports, which is available to the public or members, operated by a business, club or government organization, and where a fee is charged for hourly, daily, monthly, Town of Vail Page 8 seasonal or annual usage. This use may have, but does not require, the following components: A. Personal lockers, B. Boot dryers, C. Ski storage racks, D. Ski tuning, E. Food and beverage service, F. Areas for congregation and/or socializing, G. Restrooms and/or shower facilities, H. Nonwinter activities, /. Concierge ski services, J. Retail sales, K. Business center. Ski storage that is part of a lodge, or dwelling unit, in which a fee is not charged, is not considered commercial ski storage/ski club. A building separated from the hotel property that is used for ski storage or delivering skis to a _quest is considered commercial ski storage, and is not exempt from this definition. Ski Club - A private membership organization, catering exclusively to members and quests for social, recreational and athletic purposes, where membership requires a fee on daily, monthly, seasonal or annual basis, and which is focused primarily around skiing and similar winter outdoor sports. Ski Storage Lockers - Storage for equipment (skis, snowboards, boots and poles) and/or clothing used in skiing related sports, located within a designated enclosure or cabinet which is available hourly, daily, monthly, seasonal or annual usage. Title 12 — Outdoor Display on Private Property 12-14-21: OUTDOOR DISPLAY OF GOODS: Town of Vail Page 9 A. Purpose: The purpose of this section is to establish regulations for the outdoor display of goods by retail establishments. B. Applicability: Outdoor display of goods shall be permitted by retail establishments in the following zone districts and shall be prohibited in all zone districts not listed.- 1. isted:1. Housing (H) district; 2. Commercial core 1 (CC 1) district; 3. Commercial core 2 (CC2) district; 4. Commercial core 3 (CC3) district; 5. Commercial service center (CSC) district; 6. Lionshead mixed use 1 (LMU-1) district; 7. Lionshead mixed use 2 (LMU-2) district; 8. Ski base/recreation 2 (SBR2) district. C. Permit Not Required: Outdoor display on private property, where permitted by the provisions of this title, are not subject to design review. A permit is required to obtain a license to utilize town owned property for outdoor display of goods by retail establishments, per title 8, chapter 7 of this code. D. Requirements For Outdoor Display: Where permitted, outdoor display shall be subject to the following limitations.- 1. imitations: 1. Location: The area used for an outdoor display shall be located directly in front of the retail establishment displaying the goods. Outdoor display shall be entirely upon the establishment's own property unless the retail establishment is permitted to utilize town owned property, per the requirements in title 8, chapter 7 of this code. 2. Circulation: Outdoor display shall not impede circulation and thus, shall not block or encroach upon the required ingress/egress of doorways, walkways, stairways, and parking or loading/delivery spaces. The placement of ski racks on pedestrian or vehicular access easements is prohibited. 3. Street And Sidewalk Width: A minimum street width of twenty two feet (22) shall be maintained in order to allow for emergency vehicle access. Sidewalks shall remain a minimum width of six feet (6). Connection of exit discharge to the public way, as required by the adopted building code, shall not be blocked. 4. Public Safety: Outdoor display shall not pose any risks to public safety, shall not block or encroach upon any fire lane, and shall maintain a minimum distance to fire hydrants of seven feet (7) to side or rear, and fourteen feet (14) to the front. Town of Vail Page 10 5. Aesthetics: Outdoor display shall not negatively impact established view corridors or acknowledged "postcard" images and shall not visually detract from or block storefront or shop window. 6. Outdoor Display Fixtures: Outdoor display fixtures shall be freestanding, temporary in nature, and shall be removed from the exterior location when the business is closed. 7. Height: No part of any outdoor display shall extend more than six feet (6) above existing grade. 8. Signage: Sale signs may be permitted on outdoor displays, as regulated by subsection 11-6-3F of this code. No other signage is permitted on or adjacent to outdoor displays that is not otherwise approved by the administrator, subject to the regulations of title 11 of this code. 9. Cardboard Boxes Prohibited: Outdoor display of goods shall not include any cardboard boxes, unless part of individual packaging of goods. 10. Code Compliance: All aspects of the outdoor display shall remain in compliance with this code and the Vail comprehensive plan. (Ord. 32(2007) § 13) 11. Ski Racks: The outdoor placement of racks used for display of skis for sale or the distribution and/or collection of skis for storage, shall be prohibited between the hours of 9:00 PM and 7:00 AM. V. NEXT STEPS The next step in this process is for the Community Development Department to present a Prescribed Regulation Amendment to the Town Council on October 17, 2017. Following are the upcoming meeting dates on this topic: • Town Council - October 17, 2017 — Town Council — 1s' Reading of Ordinance on text amendments Town Council - November 7, 2017 — 2nd Reading of Ordinance on text amendments • November 17, 2017 —Vail Mountain Opening Day Town of Vail Page 11 Commercial Ski Storage Tour October 9, 2017 1:00 PM - Depart from Vail Municipal Building (All times are estimated) Lionshead 1:05 PM - Arrabelle at Vail Square (Meet at Tavern on the Square) 1:20 PM - Ski Base, 610 W. Lionshead Circle 1:30 PM - Ski Valet, 616 W. Lionshead Circle Vail Village 1:45 PM - Four Seasons / Gorsuch, 227 Wall Street 2:00 PM - Ski Haus, 254 Bridge Street 2:15 PM —Vail Gondola Club, 298 Hanson Ranch Road 2:30 PM - Base Camp — Mike Brumbaugh, 298 Hanson Ranch Road 2:45 PM - Vista Bahn Ski Rentals, 278 Hanson Ranch Road Town of Vail Page 12 TOWN OF VA Call to Order Present: Absent: Site Visits: PLANNING AND ENVIRONMENTAL COMMISSION October 9, 2017, 1:00 PM Vail Town Council Chambers 75S. Frontage Road -Vail, Colorado, 81657 Brian Gillette, Pam Hopkins, Ludwig Kurz, John -Ryan Lockman, and Brian Stockmar Karen Perez and John Rediker 1. Commercial Ski Storage — Various Locations 2. Open Lands Plan — Trails 2. A request for a recommendation to the Vail Town Council of an application establishing Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units, and related uses and improvements, located at 430 and 434 South Frontage Road (Vail Mountain View Residences on Gore Creek)/ Lot 1, Vail Village Filing 5, formerly known as part of Lot 1, a Resubdivision of Tract D, Vail Village Filing 5, and setting forth details in regard thereto. (PEC17-0006) Applicant: Lunar Vail LLC, represented by Mauriello Planning Group Planner: Jonathan Spence Motion: Table to October 23, 2017 First: Gillette Second: Stockmar Vote: 5-0-0 3. A request for the review of two (2) variances in accordance with the provisions of Section 12-17, Variances, Vail Town Code. These variances include: (1) a variance from Section 12-6B-6 Setbacks, Vail Town Code, to allow for the construction of a single family home with a five foot (5) side yard setback where fifteen feet (15') is required; and (2) a variance from Section 14-10-4-B Architectural Projections, Decks, Balconies, Steps, Bay Windows, Etc., Vail Town Code, to allow a deck within five feet (5) of grade with a two foot, six inch (2'-6") setback where a seven foot, six inch (7'-6") setback is required, located at 307 Rockledge Road / Parcel B, Block 7, Vail Village Filing 1, and setting forth details in regard thereto. (PEC17-0040) Applicant: 307 Rockledge LLC, represented by Mauriello Planning Group Planner: Matt Panfil Motion: Approve with Conditions First: Stockmar Second: Lockman Vote: 4-1-0 (Gillette opposed) Conditions: 1. Approval of these variances is contingent upon the applicant obtaining Town of Vail design review approval for this proposal; and 2. The applicant shall clearly demonstrate, via an Improvement Location Certificate (ILC), to the Community Development Department prior to requesting a final planning inspection that improvements have been constructed per plan. Panfil discussed the history of the property, the application, and the criteria for approval of a variance. Stockmar — Asked a question concerning the existing access easement. Panfil — Provided clarification and referred the question to the applicant. Dominic Mauriello, representing the applicant, provided a presentation detailing the property history and the requested variances. A review of the criteria was included. Lockman asked about the private easement. Panfil provided details. Neubecker provided the commission with some guidance concerning the application, and the review criteria on the variance. Determination should be based on criteria in code, not on past approvals or removal of non conformities. Stockmar — Stated his belief that the application meets the criteria for approval. Gillette — Views the request as a special privilege. The private easement on the east side of the property should not be a factor. Hopkins — Stated that it is a difficult site due to its configuration. She supports the application. Lockman — While the PEC should be careful with variances for redevelopment, he supports the application based on the limited building area of the site. Kurz — Stated that he believes the variances are a reasonable request. 4. 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 12-2-2, Definitions of Words and Terms, Vail Town Code, to amend and clarify the definitions of Commercial Ski Storage, Ski Club, First Floor or Street Level, and Basement or Garden Level; to create a new definition for Ski Storage Lockers; to amend Section 12-14-21 Outdoor Display of Goods concerning ski racks, and setting forth details in regard thereto. (PEC17-0042) Applicant: Town of Vail Planner: Chris Neubecker Motion: Table to a Date Uncertain First: Gillette Second: Stockmar Vote: 5-0-0 Neubecker began his presentation by describing existing confusion among businesses, Community Development staff, and Code Enforcement staff regarding ski storage and associated business operations and how such operations relate to Town Code. Referring to the staff memo for the agenda item, Neubecker outlined recommendations from the Ski Storage Task Force and specific questions for the PEC. Recommendations included: the continued use of horizontal zoning which does prohibits ski storage on the ground floor or second floor, establish hours of operation for outdoor ski storage, prohibition of ski racks on pedestrian easements (to be reviewed on a case-by-case basis), and separate definitions for ski storage and ski clubs where the existing Town Code combines both uses into one definition. Neubecker stated that within the staff memo there is proposed language for a text amendment that would incorporate the Task Force's recommendations. Kurz — Asked if the proposed changes address all of the action items established by the Task Force. Neubecker responded that the proposed language represents the recommendations of the Task Force, but staff believes that after further consideration it may be best that some of the recommendations of the Task Force not be incorporated into a text amendment. Lockman — Asked for clarification regarding the placement of ski racks within easements. Neubecker responded that while the Task Force recommended a blanket language prohibiting ski storage in easements, staff's recommendation would be to not include such blanket language and instead review the language of each individual easement. Additional discussion occurred between Neubecker and multiple Commissioners regarding the use of the ground floor for ski storage by hotels and lodges. Gillette — Outlined what he felt were several different issues within the general topic of ski storage. It is important to remember that the Town is a ski town and there will be skis visible to the public. Believes there should be no distinction between rental skis versus for -sale skis versus privately -owned skis. During business hours the ground floor should remain commercial, but does not care if skis are stored inside on the ground floor when the business is closed. There may no longer be enough storage space below grade for all of the skis in Town. Does not believe hotels should be able to have a physical space separate from their structure that serves only ski services and has no accommodation units. Stockmar — Asked for clarification as to the origins of the prohibition of storage on the second floor. Spence responded that part of the prohibition is based on the desire for tax -generating services on the second floor. Gillette — Stated that an additional issue for discussion is the use of ski racks outside of a business. Believes there should be a permitting system for the use of outdoor ski racks, regardless of whether the skis are for rent, sale, or storage. Neubecker outlined the argument of some business owners that allowing inside storage on the ground floor during non -business hours creates a competitive disadvantage to those businesses that comply with the existing regulations. Mike Brumbaugh, Venture Sports — For the properties he manages the concern is that they are placing ski racks on private property, but they may be on pedestrian easements. Gillette asked for his opinion on permits for ski racks. Brumbaugh stated that he would be willing to pay for such a permit if the fee was reasonable. Chris Cremer, SkiHaus — Stated that short-term ski storage is taxable, but long-term, over 30 days, is non-taxable. He feels amending ski storage is like opening a Pandora's Box with some unforeseeable impacts on businesses. He stated that businesses will keep adapting to customers' increased demands for customer service. A lengthy discussion was held regarding the operation of ski storage and associated businesses. Hopkins — Stated that there was once a concern that all of the ground floor business on Bridge Street would be t -shirt shops and is wondering if there is an actual concern that all ground floor businesses would become ski storage if it was permitted on the ground floor. Cremer believes that there is a limited demand for ski storage that would not result in all ground floor businesses switching to ski storage operations. Mike Brumbaugh— Stated that there are very few second floor storage operations that were able to get approved, but the PEC has the ability to deny such operations if they were to be requested today. Jeff Babb, Vail Resorts — Original intent of the Ski Storage Task Force was to clarify existing regulations and to analyze how changing customer expectations will impact such regulations. Believes that it might be necessary to postpone making changes and examine how operations can be improved over the upcoming ski season. Cautioned the PEC about the legality of including language that prohibits ski racks on pedestrian easements. Brent Martin, Four Seasons — Stated that the business intent is to provide what customers demand and it is difficult and expensive to do so. The current code is not up to date with the services today's customers expect. Believes that second floor ski clubs can add to the vibrancy of the town. Gillette — Believes the Town needs to adjust permits and taxes to create a more even playing field. Kurz — It is such a complex issue that it might take additional time to complete any changes. Is encouraged by the discussions that have occurred to date. Asked if the rest of the PEC felt the item was ready to forward to the Town Council or if they felt more time was needed. Asked staff if delaying a recommendation would penalize any businesses this upcoming ski season. Neubecker stated that lack of clarity is never a good thing and asked that if the PEC were to delay a recommendation, to provide additional information necessary for the PEC to be comfortable to make a recommendation. Gillette — Does not believe that what has been presented to the PEC will be effective. Recommendations need to be equitable so that any businesses on the second level would cost more than basement level. Also, a permitting system for outside ski racks should be established. If regulations are not enforceable, do not write them. Lockman — Objective data such as locker occupancy and use of easements would be beneficial. Gillette — Believes the Town should be less concerned about what uses are permitted above the ground floor. Neubecker encouraged the PEC to answer the questions on page 4 of the staff memo. Stockmar — Does not feel he can make a recommendation yet on such a complex topic. Is concerned about rushing to a decision and creating unforeseen consequences. Neubecker asked what information was necessary to make a decision. Stockmar stated that there is no specific information he can cite that is needed, but needs time to take in and analyze the scope of the issues. Lockman — Asked if there were other items within the recommendations that the PEC agreed upon and would be comfortable forwarding to the Town Council. Hopkins stated that if the Task Force believes this would work, it might be beneficial to try these regulations for a year and reevaluate after the upcoming ski season. Hopkins asked Babb if he would be OK if the item was tabled. Babb responded that he does in fact believe that this issue may need more time for discussion and review. Gillette — Suggested another Task Force meeting. Mike Brumbaugh — Stated that there is still a level of uncertainty, especially regarding Code Enforcement, if the status quo were to remain. Jeff Babb — Is comfortable with forwarding the recommendations from the Task Force, except for the language regarding easements. Cremer — Suggested ongoing review of regulations throughout the upcoming ski season. Gillette — Stated he believes the PEC should recommend to the Town Council another round of Task Force meetings, in which second floor zoning regulations and potential changes to taxes and feed should be addressed. There was a lengthy discussion as to whether or not PEC was ready to make a recommendation to the Town Council, and if not, what additional information is needed or other topics need to be resolved by the Task Force. It was generally agreed that easements, the equitable use of outdoor ski racks, and second floor zoning need to be evaluated. 5. Approval of Minutes September 25, 2017 PEC Results Motion: Approve First: Lockman Second: Stockmar Vote: 5-0-0 6. Informational Update Open Lands Plan Update —Trails Tom Braun, Braun and Associates Kristen Bertuglia, Environmental Sustainability Manager Braun discussed a draft plan, and an update to be released on October 19. His presentation was to focus on the format of the plan on a very general level. He stated that it is important for the PEC to review the draft of the plan. The intent of the plan is to review and update the current plan, but not to completely rewrite the plan. The plan includes an Action Plan for use of town land, management of lands, trails, and actions to implement the plan. In this update trails, town lands and environmental sensitive lands, each have their own section. This is a subtle restructuring of the plan. There have been a lot of change since the plan was adopted 22 years ago, including significant growth in the community, and increased use of trails. Braun discussed some of the lands that the Town purchased years ago. The community supported these efforts, and emphasized the need to continue to purchase lands to advance the Town's environmental goals. The 1994 Plan identified techniques to protect land, including designated open space and conservation easements. The plan includes an inventory of lands to see how open lands and town lands can advance some of the goals of the community. Biodiversity is one of the recommendations of the plan. The team has performed an inventory of private, vacant lands, to see if any of these lands could advance the goals of the plan and community. Gregg Barrie, Town of Vail Senior Landscape Architect, was introduced to discuss trails. He stated that trail improvements were the second priority of the 1994 Plan. There are many different opinions on the Vail Trail towards east Vail. The team gathered information at the community scoping sessions, but did not get enough feedback to make specific recommendations on trails. The team then conducted more scoping sessions only on trails, ranging from long time locals to new residents. The team asked how the Town can accommodate all the varied wants and needs of the community. Another opportunity for feedback from the community will be held Wednesday, October 11. The goal is to have a more detailed trails plan that the 1994 Plan, including a trails vision, standards for trails (hiking and biking, trails, mixed use trails, etc.), identification of where trails can be improved, maintenance recommendations, and discussion of wildlife impacts from trails. There will be a component on how the Town can work with other jurisdictions. The Town will also work with Bill Andree from the Division of Wildlife. The trails plan will be a long and thoughtful process. Gillette — Are all trails multiuse? Barrie — Most are multiuse. Vail Mountain has a special use permit, and they have some trails for designated uses. The Town can work with the United States Forest Service to recommend certain trails for specific uses. Braun — Last year we had some meetings with pro and anti -trail users on opposite sides of the room. The intent is for the trail discussion to be more of a community discussion on trail issues. Stockmar — Did you discuss electrically assisted bikes? E -bikes will start to create an issue. Barrie — Some Forest Service trails allow motorized use, some allow only non - mechanized use. The plan will lean towards non -motorized. Braun — Action Plan will focus on action items and specific lands and actions to implement the goals. The plan update will address 12-14 items from the old plan that have not yet been addressed. There are a handful of parcels that the Town could potentially acquire for other community uses. The updated plan will discuss funding sources, Eagle County participation, and collaboration with Vail Resorts. Most trails in Crested Butte, Moab and Fruita are not built by the city, but by the participation of trail users groups. Barrie - Vail Valley Mountain Bike Association has pulled in several different groups, businesses, the hospital, etc, to adopt a section of the North Trail. The Forest Service review process would be needed to realign a section of the trail. This section could be done with volunteers, and a variety of funding sources. Gillette — A mini -excavator would be efficient to do trail work. Why doesn't the Town of Vail acquire this equipment and do the work? Barrie — It's Forest Service land. Cougar Ridge was a different story. If the work were to stay within 100 yards of the existing alignment, the NEPA process can be avoided. Town Council support would also be needed in order to spend money outside the town. 7. Adjournment Motion: Adjourn First: Gillette Second: Lockman Vote: 5-0 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 hours prior to meeting time. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: July 23, 2018 ITEM/TOPIC: 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, to amend Section 12-10-17, Leasing of Parking Spaces, in order to facilitate the short term leasing of parking spaces, and setting forth details in regard thereto. (PEC18-0028) ATTACHMENTS: File Name Description PEC18-0028 Leasinq Parkinq Spaces - Staff Memo.pdf PEC18-0028 - Leasing of Parking Spaces - Staff Memo Attachment A Existinq Zoninq Leasinq Parkinq Spaces.pdf Attachment A - Map of Existing Zone Districts Atachment B Commercial Core Areas and Fee In Lieu Parkinq Maps.pdf Attachment B - Map of Commercial Core Area Parking Attachment C - Public Comment.pdf Attachment C - Public Comment 0 rowN 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. 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 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. 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 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: 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 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 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. Is 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 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 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 prov des 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. urpose: 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. urposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. Town of Vail Page 7 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 URPOSE: 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(19 76) § 12: Ord. 8(19 73) § 14.100) 12-10-17: LEASING OF PARKING SPACES.- A. PACES: 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 B. 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. ollowing: 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 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. 9:Ord. 3(1999) § 5: Ord. 47(1991) § 1: Ord. 31(1985) § 1: Ord. 34(1977) § 1) Vail Land Use Plan 1. General Growth / Development 1.1. 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. 1.3. 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 Parkina 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 • 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 nclude: 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 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 Town of Vail Page 13 k � CL N � o M � mX ®W @ � A 11 .rte y 11 0) O cu N W_ of �/ r cu a) N L O U Lu I a) L O U 0) O cu N W_ cu a) N L O U Lu a) Q a) E o O U N O U N O F O E J cD- a_ E U a_ 7 \\ "o ATTACHMENT C 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_swartzI(@.comcast.net> Date: June 11, 2018 at 6:40:30 PM MDT To: <towncouncil(cr�,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. Regards, -Mike Swartz Michael J. Swartz cell: (303) 641-9015 mike.swortzl(@comcost.net City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: July 9, 2018 PEC Results ATTACHMENTS: File Name Description Pec results 070918.pdf July 9, 2018 PEC Results 0 PLANNING AND ENVIRONMENTAL COMMISSION TOWN OF VAI0 July 9, 2018, 1:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 Call to Order 1. 1. Attendance Present: Brian Gillette, Brian Stockmar, John -Ryan Lockman, Karen Perez, Ludwig Kurz, Pam Hopkins Absent: Rollie Kjesbo 2. Main Agenda 2.1. A request for the review of variance from Section 12-6C-10, Landscaping 30 min. and Site Development, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deviation from the si)dy percent (60%) landscaping requirement, located at 5128 Grouse Lane/Lot 8, Block 1, Gore Creek Subdivision, and setting forth details in regard thereto. (PEC18- 0026) ApplicantStanley & Karen Jeranko, represented by Martin Manley Architects Planner: Justin Lightfield Lightfield introduced the project and described public comment received on this application, which are letters of support. He described the subject property and the access agreement for access on the rear of the property, which provides accesses for Eagle River Water and Sanitation to their property to the south. The access easement takes up about 15 percent of the site, taking away area to be used for landscaping. Minimum required landscaping is 60% of the site. The applicant is requesting a variance to provide less than the required landscaping. ERW SD needs the full 25' road width to allow truck access to the site. John Martin, Architect — Existing asphalt on the site creates a problem. We meet all other site requirements, and site already has some site limitations. Half of the parcel must take access from Grouse Lane, and the other unit will take access from the access road. Home is designed to separate the two dwelling units as much as possible. Majority of the front driveway is on Town of Vail property. Stockmar — Will you meet at parking requirements? Martin — Yes, we are meeting parking requirements. They will be on the site itself. Perez — Please describe the slope challenges of the site. Martin — Building steps down from Grouse Lane, and third level down still does not reach grade. We are working with the grades, but will still have retaining walls. Shape of the lot has more to do with the design than the slope. Lightfield — The height of the proposed residence is 32'-10", within the 33' height limit. Martin- If no landscaping variance, it's an unfair situation for this developer, which would not be the same as other lots without the existing asphalt. Public Comment — John Kuchar — 5124 Grouse Lane. Will this application provide less landscaping than required? (Lightfield, yes, landscaping proposed is 58%) We are not looking forward to construction traffic. Road was built with plans for minimal traffic. Lightfield —Access easement document highlights the construction, repair, and maintenance responsibilities. Kuchar — There is an existing access agreement, it's not clear if it's a 20 year agreement, which expires soon. Stockmar — You will need to ask that question to your own counsel. Perez — Explained in perpetuity means forever. Kuchar — Road is not designed for heavy construction, and in winter how will snow plowing be addressed. We are asking for a 90 day delay on this application. Stockmar — That question is not relevant to the Commission's purview. Chris Mont — Owner of Lot 3. He is in agreement with John on all his points. Who is going to clean the road each day? He is in construction, so he knows how much impact construction can have. He stated no one has done their 20% of maintenance. He uses the access road daily and echoes John's concerns. Perez — You should discuss the legal document with your counsel. Mont — What's wrong with waiting 90 days? Gilllette — The road is existing. It has nothing to do with the Town. There are more hoops for the applicant to jump through, including design review and a building permit. Mont — Not all homes on this road were built using this road. Commissioner Comment — Lockman —Appreciate the staff memorandum on this lot. Criteria for the variance has been met, considering that the site already has paving. It's a challenging site, but it's outside the Towns purview to negotiate on private property. Hopkins — OK with it. Perez — One of the criteria we must look into, the relationship to other structures in the vicinity. The PEC needs to take into account the impact the development has on adjacent property. The PEC also needs to look at physical hardship, and the issue on slope was determined not to be an issue. She has not seen any evidence that they have not been able to meet the standard. Perez stated the concern of granting a special privilege. We can not look at what we approved before. I'm not swayed that it's impossible to provide 388 additional square feet. Kurz — Concur with Lockman and Hopkins. The road can be a physical hardship. Most lots don't have a road built through their property. Most lots are allowed a certain amount of site coverage and landscaping based on lot size. Stockmar —Agrees with most of the other commissioners. The would not be an issue to meet the landscaping requirements if there were no existing road. Ludwig Kurz moved to approve. John -Ryan Lockman seconded the motion and it passed (6-0). Absent: (1) Kjesbo 2.2. A request for the review of an amendment to an existing Conditional Use 5 min. Permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for the replacement of the existing maintenance facility with a new maintenance facility at the Vail Golf Course, located at 1278 Vail Valley D rive/U n platted, and setting forth details in regard thereto. (PEC18-0027) Applicant'Vail Golf Course, represented by Pierce Architects Planner: Justin Lightfield Lightfield introduced the project. No formal action by the PEC is required. Jeff Bailey -1287 Vail Valley Drive. Thank you for the communication, it has been great. Question on access to the facility, will it change? Bill Pierce — No access will change with the project. Scott O'Connell — No change to access to the facility. No changes to Vail Valley Drive on this site. Chris Wolder —Adjacent property owner. What time of day will construction take place? Roz Cochman -1328 Vail Valley Drive — Concerned about the noise level. Jack Hunn, Consultant — Hope to start late September and finish by April or May 2019. No commissioner comments. 2.3. A request for review of Major Exterior Alteration, pursuant to Section 12-713- 45 min. 7, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of a new multifamily structure with below grade parking, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0016) Applicant$attle Mountain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence 1. Approval of this project is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 2. The Transportation Impact Fee shall be paid to the Town of Vail by the applicant prior to issuance of any building permit. 3. Prior to the issuance of the first certificate of occupancy for the project, the Applicant shall execute and record deed restrictions, in a form approved by the Town Attorney, for the on-site employee housing units (EHUs). 4. The DRB shall review the snowfall conditions on the rear setback at time of review. Stockmar - for the record, there have already been two meetings on the project. Braun, representing Battle Mountain LLC, presented to the PEC and stated after the last meeting additional research has been done on the automated parking system. There are four applications today. First, is a minor subdivision (PEC18-0017). Second, Braun presented the "pay in lieu" parking map amendment (PEC18-0019). Third, is the setback variance/west wall (PEC 18-0018). The Launch building will confirm to the setback to the 0' setback line. Braun stated the west wall's plane will be determined at the DRB stage in the process. Fourth, is the exterior alteration (PEC18-0016). Braun stated staff is supportive of the new design and the application still must go through the Design Review Board for final design approval. Braun then presented the automated parking system. He stated the Town Code requires a minimum of 7' clearance. The elevation clearance proposed is 7'6". The system will hold 71 minimum spaces. 46 spaces for Vail 21 and Launch with 25 spaces leased to other users, including retail, real estate office, etc. There is no "rush hour" or "peak arrival time" from the residential users. Stockmar asked about the demand of the system. Perez - What percentage of the residential parking are short-term vs. long- term? Braun could not speak to how many permanent residents live in the building Braun mentioned vehicles pull off of the alley, and then enter a code into the key pad, which opens the garage in a matter of seconds. The user then exits the car and the car stages itself in front of the elevator, thereby not holding up any traffic. There are two elevators in the garage and the elevators can work simultaneously. Stockmar asked if the parking system reverses the car when the elevator returns the car to ground level. This would allow the car to pull out rather than backing out. Braun stated yes, the cars will pull forward rather than backing out. Braun stated automated systems have been around for a long duration and many years. The average turnaround time is 90 seconds for the elevator to park a car and return to the top. Braun showed on a site plan there are six spaces for cars to park and drop off supplies. On site staff will verify cars do not utilize drop off parking zones for long term parking. Braun then presented on elevator reliability. CityLift is on site quarterly checking the system and cleans the system quarterly. The system will be designed differently to handle the winter environment, which will be more resistant to moister. The system will also have a dehumidifying system to handle the environment. CityLift will have a contract with a local elevator maintenance company. In most cases, problems are solved in minutes. There has not been a repair prohibiting cars from leaving for more than a few hours with the system. Commissioner Comments - Hopkins — How you unload and load without affecting other cars entering the elevator? How does the circulation work? Braun — It will require some moving around of vehicles. There are six dedicated spaces in the drop-off area. Stockmar stated the normal turn -around, parking patterns, and turning radius analysis would help the PEC and determine when bottlenecks would occur. Stockmar stated he lived with an automated parking system in Tokyo and it never failed in two and a half years. based on past experiences with using similar systems, it works. Gillette — If there is not enough time to get items in or out of your car, the complex will have to hire an assistant. Hopkins — The drop-off and unload area is more likely to back up than the parking elevators. Kurt Rhoden, with Launch Development — Most often systems are using a public parking format. We have the luxury to have an educated parking environment within their community. The community with view a video on the system that CityLift produces. Lockman — Is the trash and recycling accessed inside the garage or in the alley? Braun — They will roll the bin out to the alley and likely go down to the end of the alley to service the other buildings. Perez asked if Braun obtained a height measurement within the Town of Vail regulations. Braun stated they meet the minimum requirements at 7'6". Lockman — Is emergency access available if the elevators back up and cars park in the alley? Braun — Restoring and having 22' of clear moving area. With a worse case scenario there will still be access back into the property. Public Comment - Stewart McNab, representing Lift House Homeowners Association, stated his client's interest is not in the parking garage beneath the Launch Development. His client's interest is in the Lazier section of the parking garage (upper level that has been removed). He mentioned PEC18-0017 replating application. Stockmar clarified McNab was addressing another application, not the current application, PEC18-0016. He asked for the permission from the Commission to proceed with comments since they are interrelated. McNab — The final plat is the appropriate place to address parking places that existed prior to earlier this summer when the parking structure was demolished. Lift House requests a condition that would require on Lot 1A that there be a condition for parking places that existed prior to demolition, that the parking spaces be replaced. McNab indicated the condition will preserve the status quo and will not affect the Launch site. It wouldn't change anything. Preserve the spaces that were there prior to development being proposed. Condition reads: "Any Major Exterior Alteration or other redevelopment of Lot 1A shall include, at a minimum, 95 spaces in addition to the requirements for the altered or redeveloped structure on that lot, so as to conform to the original permits and approval for the Lift House and the Lionshead Arcade buildings for which the parking existing as of June 1, 2018 on Lot 1A was intended to serve." McNab stated there are actually 91 spaces after speaking with Braun. The condition can change to 91 spaces rather than 95 spaces. This recognizes the demo for permit was granted without condition and adding the condition to the new plat will ensure preserving the status quo at time of development. It will not affect the Launch side, because parking is being taken care of. Condition would have the effect of preserving the spaces that were there prior to the development being proposed. Lockman — What was the total allocation of spots across 2A and 1A both top and bottom of the parking structure? Gillette — How did we get to 46 spaces? Braun stated Launch will provide there parking numbers as required and Lazier will provide their parking numbers. The 46 number is the number Launch has committed the residential users on their portion of the property. Gillette — How are we going to get to what we are replacing vs adding? Kurt Rhoden — There were 52 spaces before demolition. We need to replace those 52 spaces. There are also an additional minimum of 71 spaces needed for the development. The 46 is totaled by adding what Vail 21 and Elevation community would need. Perez — Clarified there will be 71 spaces on the eastern side 1/3 and 91 or 95 on the western 2/3. Braun stated 91 spaces existed before demo on Lazier's side of the development. Braun clarified demo occurred prior to the applications coming before the PEC. Braun explained the following in terms of history: June 1 (before demo) — there were 52 spaces at Launch and Lazier had 91. 143 spaces total. Launch is replacing their 52 and providing 17 more for EHUs and condominiums Lazier will replace 91 spaces and provide parking for his 23 units — 30 some - odd spaces. • 143 total spaces before deck was removed Perez asked who was the applicant for the demolition of the garage. Stockmar asked if there was a condemnation of the parking structure. Braun responded the parking structure was not condemned. Battle Mountain LLC was the applicant for demo permit. Battle Mountain LLC is part of Launch. Gillette suggested a change to the condition. Stockmar asked if the PEC needed to include the Gillette suggested change to the condition. Neubecker confirm the language is already highlighted in the Vail Town Code. McNab — The problem is there so no assurance that the project will happen any time soon, whether that be this year, next year, etc. Lazier — Stated that he is concerned of the terminology of the condition since he does not trust the motivation of the Lift House. He stated he hopes to present his proposed project in 30-45 days. He prefers the condition to be in the PEC's language, not Lift House's. He stated there are no traffic flow issues, without many cars coming in and out on a daily basis. The 91 spaces will be part of their proposal. Jamie Crosby, Vail 21 resident— Owns parking lots and apartment buildings. Concerns were the elevator maintenance and getting fixed. Mentioned lack of staging with cars and getting garbage trucks through the site. David Moe — Manager for Vantage Point Condominiums. Stated there was a horizontal crack that went the entire distance of the property. Vantage Point's concern is for their foundation and is seeking assurance that their property will not be affected by construction and building 3 floors underground. The structure was collapsing because it was moving to the south, especially being built 8' from the Vantage Point. Additionally, the proposed sidewalk along the north property line of Launch is a hazard. They believe the sidewalk is a danger due to the cliff of Vantage Point's roof. The area between the two properties is deadly, due to Vantage Point being 6 stories and the proposed building being 7 stories. Neubecker — This will be examined during the DRB review process. Moe — Never had snow falling on cars or people, but he has noticed tons of snow falling between the two buildings. The sidewalk is the main concern. Moe asked for a core sample of the soil 10' deep. Lazier responded well, but Launch did not respond as well Commissioner Comment - Lockman — Largest concern is that parking that was there, stays there. In the Lionshead planning documents, is there a number mentioned in the master planning document for parking? Neubecker —A number is not indicated on the master planning documents. Braun — The master plan specifically states parking must be replaced. He believes the parking condition is not required. Stated a condition is not required since this is an active application. Gillette— Indicated due to high construction costs, the building may not be built any time soon. The condition will verify it is not lost and the condition should be added to the plat and fee -in -lieu applications. Braun — Wanted to clarify conversations with Vantage Point. Braun stated the applicant will reconvene with Vantage Point once a construction team is selected. Stockmar — Clarified the PEC was in commissioner comment on PEC18-0018 and PEC18-0016. Commissioner Comment for all related applications - Gillette —Adding the condition to PEC 18-0019 and PEC 18-0017 makes sense to clarify what parking spaces are being talked about. Kurz —Aggress with Gillette's idea that all applications are appropriate. Kurz will support conditions if supported by Staff. Comfortable with the applications. Concerns have been thought about and addressed. Perez —Agrees with other commissioners and appreciates the background provided. Thanked applicant for addressing concerns made by the PEC. In favor of Gillette's proposed conditions. Hopkins —Agrees with adding parking condition. Also added for DRB to review the roof snowfall hazard to be looked at during DRB review. Lockman — PEC18-0016 applicant listened to the PEC and applicant did a good job describing the automated parking system. More comfortable with setback now. There is less parking now than there was J une 1, 2018. Prefers not to create additional regulations on different applications down the road and the condition should be placed only on PEC18-0017. Stockmar — This is PEC's third meeting on the issues and thanked the applicants. Based on all of the analysis, he is in favor of the development. Vail is a small town with big city problems. The site is challenging because of its size and surrounding buildings. He is comfortable in relying on the Building Department to review plans to address any safety concerns and eliminate structural issues. Comfortable with all four items and is not convinced Gillette's condition is necessary. Brian Gillette moved to approve with conditions. John -Ryan Lockman seconded the motion and it passed (6-0). Absent: (1) Kjesbo 2.4. A request for review of a final plat, pursuant to Title 13 Chapter 4, Minor 15 min. Subdivisions, Vail Town Code, to allow for a subdivision to reconfigure the property lines between two (2) development lots located at 500 & 534 East Lionshead Circle/Lots 1,2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0017) Applicantiazier Lionshead LLC & Battle Moutnain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence 1. Any major exterior alteration or other redevelopment of Lot 1A or Lot 2A shall include, at a minimum, 91 parking spaces for Lot 1A and 52 parking spaces for Lot 2A in addition to the requirements for the altered or redeveloped structures on said lots. Brian Gillette moved to approve with conditions. John -Ryan Lockman seconded the motion and it passed (6-0). Absent: (1) Kjesbo 2.5. A request for a recommendation to the Vail Town Council for a prescribed 15 min. regulations amendment to Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, pursuant to Section 12-3-7 Amendment, Vail Town Code, to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, and setting forth details in regard thereto. (PEC18-0019) Applicantiazier Lionshead LLC & Battle Moutnain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence 1. Any major exterior alteration or other redevelopment of Lot 1A or Lot 2A shall include, at a minimum, 91 parking spaces for Lot 1A and 52 parking spaces for Lot 2A in addition to the requirements for the altered or redeveloped structures on said lots. Brian Gillette moved to approve with conditions. Ludwig Kurz seconded the motion and it passed (6-0). Absent: (1) Kjesbo 2.6. A request for the review a variance from Section 12-7H-10, Setbacks, Vail 0 min. Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a rear setback of zero feet (0') where ten feet (10') is required for a new multifamily structure, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0018) Please see item PEC 18-0016 for the staff memorandum concerning this request. Applicant$attle Mountain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence 1. Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. Brian Gillette moved to approve with conditions. Ludwig Kurz seconded the motion and it passed (6-0). Absent: (1) Kjesbo 3. Approval of Minutes 3.1. June 25, 2018 PEC Results Stockmar stated Planner Lightfield's name is misspelled three times. Ludwig Kurz moved to approve. Karen Perez seconded the motion and it passed (5-0). Abstain: (1) Lockman Absent: (1) Kjesbo 4. Adjournment Stockmar noted the final selection and interviews are taking place next week for the Director of Community position. He stated there is very little interactions between PECs around the state and country. Neubecker stated issues and challenges should be brought up first, then locations can be selected based on what communities have done before in the past. Gillette mentioned the PEC should generate a list of what the Town of Vail PEC has done well and poorly. Stockmar stated when the PEC's agenda lightens up is the ideal time to visit other areas. Exposing the PEC to other experiences is beneficial. Neubecker stated a retreat would be an ideal time to have a discussion. Gillette mentioned ski storage was a good example of learning through the PEC by talking with merchants and owners. 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 Ad #: 0000270755-01 Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM Your account number is: 1023233 PROOF OF PUBLICATION VAIL DAILY STATE OF COLORADO COUNTY OF EAGLE I, Mark Wurzer, do solemnly swear that I am Publisher of the VAIL DAILY, that the same daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein, that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The VAIL DAILY is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 7/6/2018 and that the last publication of said notice was dated 7/6/2018 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 7/20/2018. Mark Wurzer, Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 7/20/2018. �1 Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 JEr 1 LYA�'i rt4Lals�6 rebrArew RuaL�.e. RUFE<7i'Lgf,{14AOO ppTARY'[7:ldSPk99938A' N'/ 0G';SIfFN %'%c71lw4AliGi15P9,21�' PLANNING AND ENVIRONMENTAL COMMIS. SION July 9, 2918, 1:90 PM Town Council Chambers ro 755. Fntage Road. Vail, Colorado, 81657 in & Karen Jerenko, represen Said rwie, of an amendment to ar - P -1t, pursuant to Section Uaea, Vail Town Code, to alloy A the existing maintenance Is. ant: Vail Golf Course, reprea,medl by Pie m: Justin Lightfield request for review of Major Exterior Alteration m to Section 12-76- 7, Exterior Alterations of a sm., Vail Town Cod., to allow for construe muk8amily structure with below rade to ins«fad et av P»»t i��ha»d rirnlei�M 9 Block 1, Vail Lionsh-d Filing 1, and setting '.tails in regard thereto. (PEC18-0016) 45 min. )art: Battle Mountain LLC, represented by Associates, Inc. en Jonathan Spence request or review of a final plat, pursuant to to allow for a subdivision to reconfigure the ant to 5i Fund E-1, tion 12-3-7 commendation to the Val fcribed regulations amend 16 Exempt Areas: Parkint oymCode, pursuant to Sec Vail Town gumd u to r11— roc[ L and Tract M of tnshe.d, Black 1, from the lea for parking regulations in date a m regard thereto. lead LLC & Battle Moutnain m Aaamiatea, Inc. -i—Vie for the stair memoran s reques. . Mountain LLC, represented by 1 Spence PEC Results i. Please call 711 to 3 hour prior to meet- cment 5,2918.9009279755 Ad #: 0000276501-01 TOWN OF VAL Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM PLANNING AND ENWRONMENTAL COMMIS SOGwn G Iorylncil G0M18mbe sPM Your account number is: 1023233 75 S. Frontage Road- Vail, Colomtlo, 81657 1. Can to Omer PROOF OF PUBLICATION 1.1. Adend.nce VAIL DAILY 1. 'ae"a. 2.1.680 Li ... head Place - Antlers Condo - STATE OF COLORADO 3inmms Main Agenda COUNTY OF EAGLE a egaestrormeroyewpfaMaprEa- trior Alteretion, p ant to Section 12-]H-], 77E n. or Anerations or Modifications, Vail Town Code, to al I, Mark Wurzer, do solemnly swear that I am Publisher of low for the mnvann.. of offices and a meeting room Ito one (1) dwelling unit, expansion o, the existing the VAIL DAILY, that the same daily newspaper printed, in lobby end cneCk-In arae tvlM an 6levalor serving ell levels, and the construction of second level pfices whole or in part and published in the County of Eagle, above the a%Isting lobby, located M S80 Llonshead PlaceNail Li ... head Filing 3(Ade Condominiums), forth details in ed sellingp regard thm— (PEC18-0029 30 ruin. State of Colorado, and has a general circulation therein, Applim(p Antlers <domnluma, represented by that said newspaper has been published continuously and GPSL Architects Planner: Justin Lighdield 3.2. a request ror a mcOmmenemlon to me uninterruptedly in said County of Eagle for a period of Amendment, Town C=-1.r Ame pur pursuant t oSectio, 12--�7, Amend - more than fifty-two consecutive weeks next prior to the more de, to amend 1—-A- Definitions of WordsandTerms, Vail Town Code, 1 first publication of the annexed legal notice or mend and clarify the definitions of Commercial Ski storage, and semng forth details in regard thereto. advertisement and that said newspaper has published the (PE -0042)20 min. ail PPnnor:` requested legal notice and advertisement as requested. Jonathan e A mgiwat tnr a na—mandatlm to tha vaii Town cgdngil ,ar a Proscribed Regmation: Amendment, pursuant to Section 12-3-], Amend- ment Vail Town Cotle, to amend Section 12-10-1; Leasing of Parking Spaces, Vail Town Cotle, h mentl as12-10-17, Leasing of Perking The VAIL DAILY is an accepted legal advertising medium, P 9 9 paces, in order to facilitate the short teen leasing fParkinp forth details in only for jurisdictions operating under Colorado's Home ada—, ad caning red- thperet. (PEC18-0028) 75 min. t: Town of Vail pPnlide Chris ker Rule provision. 4. Approval of Minutes 4.1. July g. 2018 PEC Results That the annexed legal notice or advertisement was 5. Adjournment published in the regular and entire issue of every number The applications and intrnlam about the prupos- of said daily newspaper for the period of 1 insertion; and als am available for public inspection durmg reg lal ofi ehour'or 'a Town of Vatl CommunRoad. that the first publication of said notice was in the issue of P he m 1 Department, ]5 South Fronted. Road. The public is i; dad to atte tlthe proe.1ic, rlmtion and me mat lea in said newspaper dated 7/20/2018 and that the last site visits precede the pudic ng the Town of Vail Community Development Department. Timm;a ba emZp,o� io ��umarat publication of said notice was dated 7/20/2018 in the issue and cannot at „mat time me Planning and Enykenme-1 Cpm - of said newspaper. will consitler an item. Please call (g]0) 4]& sign languages nter interpretation Please as ] sign language p prior to meet- In witness whereof, I have here unto set my hand this day, ing time. Communay Development Depertmem Published In me Vail Daily July 20, 2018 0000276501 7/20/2018. Al Mark Wurzer, Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 7/20/2018. Jerillynn Medina, Notary Public My Commission Expires: August 3, 2020 JEr 1 LYA�'i rt4t: alt�6 NbTArew Pt1m�.G. iGFF-:7F L`gf,{1RAl7G ppTARY'[7:ldtfd09938A' N'/ Cf,;Sl�fd %'%23Rlw4FIiGi16T9,2�'