HomeMy WebLinkAbout2018-08-27 PEC0 PLANNING AND ENVIRONMENTAL COMMISSION
TOW?J OF ffl August 27, 2018, 1:00 PM
Town Council Chambers
75 S. Frontage Road -Vail, Colorado, 81657
1. Call to Order
Attendance
Present: Brian Gillette, Rollie Kjesbo, Ludwig Kurz, John -Ryan Lockman,
Karen Perez, Brian Stockmar
Absent: Pam Hopkins
Main Agenda
2.1. 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
1. Amend Section 12-10-17.B.1. to include the following zone districts:
General Use (GU), Commercial Service Center (CSC), Arterial
Business District (ABD), Ski Base/Recreation District (SBR), Ski
Base/Recreation 2 District (SBR2), and Public Accommodation 2
District (PA -2).
Chris Neubecker re -introduced the topic and walked the commission through
the staff memorandum. He discussed the existing code language and
changes that have occurred in technology. He mentioned the previous PEC
meeting and the ideas that were offered by commissioners. These include not
allowing parking space rental where there is a need to drive on pedestrian
mall areas and that established single family/duplex neighborhoods not being
appropriate.
Perez-AirBnB requires a license with the Town. Why not with this?
Neubecker explained the differences between short term rentals and the
proposed parking regulations. With short term rental of residential units, there
is a requirement to collect and remit taxes to the Town. That is not the case
with parking.
Public Comment
Alan Danson- Great idea. Might be effective in the Booth Falls neighborhood
and other trailheads to reduce parking on the road. There are some people
who would rent parking in their driveways.
Stockmar-Would like to see further analysis related to parking demand in
general.
Perez- In the proposed ordinance, Booth Falls wouldn't qualify?
Neubecker —Yes, that's correct.
Gillette- Excluding things like the Vail Mountain School is myopic.
Neubecker - Instead of by zone district, we could create a map. The question
is whether or not this is appropriate in low density residential neighborhoods.
Alan Danson - My driveway is 1 minute from a bus stop. Why wouldn't that
be OK?
Stockmar-The Parking Task Force should be more proactive with working
with existing parking resources.
Shelly Jarnot - All that I ask is that we don't make up problems, but that we
open it up before we restrict it.
Stockmar- Should we wait for the Parking Task Force to weigh in the details?
Neubecker — They have already weighed in and recommended we consider
this. The Town Manager has requested that we move forward with a
recommendation by the PEC at this time.
Gillette- Since last meeting I realize that some regulation is necessary. I
would not restrict it by zone district. (Gillette walked through the proposed
ordinance, and the portions he would support.)
Stockmar- I would recommend an incremental approach.
The commission briefly discussed unintended consequences.
Commissioner Comment:
Lockman- The idea is a good one to try to utilize parking resources. Spoke to
the proposed changes making it more available for short term. Worried about
unintended consequences. Just not quite sure.
Perez- Hard time supporting this as is. Does not think we have enough data.
May be premature. Feels that we need a license so we know what is going on
and where, so problems can be addressed. Concerned about adding more
pedestrians to areas of town where there may not be adequate facilities, such
as sidewalks.
Kurz- Feels that the proposed ordinance addresses many of his previous
concerns. Ok as long we stay within a framework, and do not think residential
areas are appropriate. Take an incremental approach.
Gillette- Earlier comments stand.
Kjesbo- Generally agree with Gillette. Asked about the new Red Sandstone
garage and how it will operate, and who will park there.
Neubecker explained the programing at Red Sandstone parking structure.
Most of the cars in the structure will relocate from Ford Park parking lots.
These will be employees, not day skiers. Access will be controlled with a gate
and parking pass
Kjesbo- Unsure about parking in residential areas but don't see the harm.
VMS should be included. I mpact on bus system should be noted. Maybe
start by allowing in residential areas and see where it goes.
Stockmar-Pines for the day when we could advertise Vail as car free.
Previous code language was overly restrictive. This is a positive step.
Support the proposal as is. Does not want to over regulate but feels this
opens the door. Is ok in the residential districts.
Neubecker clarified existing zone districts and proposed additional districts,
which include General Use, Commercial Service Center, Arterial Business
District, Ski Base Recreation, Ski Base Recreation -2, Public
Accommodation -2.
The Commission discussed whether or not it should be open for residential
areas.
Perez reiterated her concerns with introducing pedestrians to areas where
they may not be accommodated with sidewalks.
Brian Gillette moved to approve with conditions. Ludwig Kurz seconded the
motionand it passed (6-0).
3. Approval of Minutes
August 13, 2018 PEC Results
Ludwig Kurz moved to approve.Brian Gillette seconded the motionand it
passed (5-0).
4. Adjournment
Ludwig Kurz moved to adjourn.Brian Gillette seconded the motion
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:
ITEM/TOPIC: Attendance
City of Vail, Colorado Logo
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: August 27, 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
Leasinq Parkinq Spaces - Staff Memo.pdf
Attachment A Existinq Zoninq Leasinq Parkinq Spaces.pdf
Description
PEC18-0028 - Leasing of Parking Spaces - Staff Memo
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 - Ordinance No. 15 Series 2018 Leasinq of Parkinq Spaces.pdf Attachment C - Draft Ordinance
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Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: August 27, 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 proposes to amend the Vail Town Code to allow the leasing of private
parking spaces on a short term basis. The current Town Code only allows leasing of
parking under limited circumstances; the Town is requesting an amendment to the code
in order to facilitate the short term leasing of parking spaces. The Town of Vail requests
a recommendation from the Planning and Environmental Commission to the Vail Town
Council for a Prescribed Regulations Amendment, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to amend Section 12-10-17, Leasing of Parking Spaces,
Vail Town Code.
II. DESCRIPTION OF REQUEST
The Town of Vail is requesting a Prescribed Regulations Amendment to the Vail Town
Code to change the existing regulations concerning the short term leasing of parking
spaces. The current Town Code allows leasing of parking spaces only under very
specific circumstances, and only for 30 days of longer. In an effort to help alleviate the
Town's parking shortage on peak parking days, a text amendment is proposed. This
code amendment is intended to increase the availability of parking by allowing leasing
of privately owned parking spaces that might otherwise remain empty on peak days.
The Community Development Department recommends approval of the proposed
prescribed regulations amendment.
III. BACKGROUND
The existing regulations in place on the leasing of parking spaces were first adopted in
1977, and the last significant modification was in 1985. Other minor modifications to the
regulations have taken place since these dates, but have not resulted in significant
changes to the regulations. These regulations are obsolete, and have not resulted in
significant applications to lease parking spaces. Staff is aware of only one (1) property
that has leased parking spaces through this program. If there are other parking spaces
being leased on a short term or long term basis, staff is not aware of them, and they
have not been identified to the Town as a problem.
The Planning and Environmental Commission (PEC) last discussed this application on
July 23, 2018, when this amendment was first introduced. At that meeting, members of
the PEC held varying views on this request, and there was no consensus on how to
regulate leasing of parking spaces. Commissioners Gillette and Kjesbo favored less
regulation, or no regulation of this issue; they indicated support for removing the existing
regulations and waiting to see what issues or problems arise as a result.
Commissioners Stockmar, Perez and Kurz favored some type of regulations due to
anticipated problems, such as liability to HOAs, and encouraging vehicles in pedestrian
mall areas. The Commission asked staff to bring this topic to the Town's Parking and
Transportation Task Force for their input.
Since the last meeting, staff has had conversations with the Vail Police Department's
Code Enforcement division. Issues raised by Code Enforcement include:
Guest Experience & Licensing of Booting Companies — The companies that are
called to place a boot on vehicle tires could be regulated, and doing so would
provide some level of control over operators that are rude or rash to visitors.
According to Code Enforcement, some booting companies have become "out of
control in other areas of the County" and are having a negative impact on
visitors. Licensing of booting companies would require additional changes to the
Town Code.
Impact on Police Department — Unauthorized parking on private property is a civil
issue; Vail Police Code Enforcement officers will, as a courtesy and subject to
call volume, respond to private parking problems faced by businesses and/or
property owners and HOAs. Tickets can be issued on behalf of the property
owner, but are not issued on behalf of the Town. Regulation by the Town of Vail
will require the Town to respond if there is a violation of Town Code, and will add
to staff's workload.
In addition to these concerns by the Police Department, the Town Council will need to
consider the fees, if any, that should be charged for permitting or licensing that is
required. The financial issues are not the responsibility of the PEC to address, but will
be considered by the Council. Due to the anticipated staff time in the regulating of short
term parking or issuing permits or licenses, a reasonable permit fee could be collected
Town of Vail Page 2
to offset the Town's expenses. The Council will need to consider if there is a need to
offset the cost of staff time, or if there is a net public benefit to short term leasing of
parking spaces and if collecting revenue is unnecessary.
The Parking and Transportation Task Force has not met since the last PEC meeting.
Greg Hall, Director of Public Works, indicated that the Task Force had previously
discussed this issue, and supported the concept of leasing parking spaces on private
property. The Town Manager directed staff to move forward with the PEC review
process and not to bring this issue back to the Task Force.
The current Town Code limits the leasing of parking spaces in Vail based on the
following regulations:
Minimum of 10 or more spaces in a parking lot
Leasing only allowed in the following zone districts:
➢ Commercial Core 1
➢ Commercial Core 2
➢ Commercial Core 3
➢ High Density Multiple -Family
➢ Vail Village Townhouse
➢ Public Accommodations
➢ Lionshead Mixed Use 1
➢ Lionshead Mixed Use 2
➢ Special Development District
• Application to the Town of Vail is required
• Landscaping may be required to screen parking if leasing results in a visual
impact to surrounding streets or property
• Applicant may be required to conduct a parking utilization study to determine the
difference between the average capacity of the lot and the peak day utilization
• Lease agreements are only allowed for a period of not less than one month nor
greater than twelve (12) months
• No applicant shall be permitted to lease more than sixty percent (60%) of the
parking spaces which is the difference between the average capacity of the lot
and the peak day utilization as determined by the administrator.
IV. ROLES OF REVIEWING BODIES
Order of Review: Generally, text amendment applications will be reviewed by the
Planning and Environmental Commission and the Commission will forward a
recommendation to the Town Council. The Town Council will then review the text
amendment application.
Town of Vail Page 3
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.
V. APPLICABLE PLANNING DOCUMENTS
Staff believes that following provisions of the Vail Town Code and Vail Land Use Plan
are relevant to the review of this proposal:
Title 12, Zoning Regulations, Vail Town Code
CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part)
Section 12-1-2: Purpose.-
A.
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 4
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 5
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 6
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 7
• 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.
VI. CRITERIA FOR REVIEW
The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
The general purposes of the zoning regulations are for "promoting the health, safety,
morals, and general welfare of the town, and to promote the coordinated and
harmonious development of the town in a manner that will conserve and enhance its
natural environment and its established character as a resort and residential
community of high quality" This text amendment is intended to advance these
purposes by promoting coordinated and harmonious development of parking and
Town of Vail Page 8
improving the guest experience while providing clear and enforceable regulations
that are not overly burdensome.
The proposed text amendment helps to support these specific purposes of the
regulations:
• To promote safe and efficient pedestrian and vehicular traffic circulation and
to lessen congestion in the streets.
• To promote adequate and appropriately located off street parking and loading
facilities.
• To conserve and maintain established community qualities and economic
values.
• To encourage a harmonious, convenient, workable relationship among land
uses, consistent with municipal development objectives.
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail comprehensive plan and is compatible with the
development objectives of the town; and
Parking is a significant issue in Vail, and the need to provide additional parking
options is supported by the Vail Land Use Plan and the Town Council Action Plan.
The proposed text amendment would better implement and better achieve elements
of the Vail Land Use Plan, including:
• Day skier needs for parking and access should be accommodated through
creative solutions.
The proposed text amendment is supported by the Vail Town Council Action Plan
2018-2020, including the following goals, initiatives and priorities:
• Improve the quality and convenience of parking and transportation for both
locals and guests
• Convenient, efficient, and safe parking and transportation venues
• Evaluate emerging technologies including autonomous vehicles, rapid
charging infrastructure, and related transportation innovations.
• Assist Parking Task Force in formulation of better year-round parking and
transportation strategies
• Broaden the discussion regarding public parking and include all seasons.
3. The text amendment demonstrates how conditions have substantially
changed since the adoption of the subject regulation and how the existing
regulation is no longer appropriate or is inapplicable; and
The existing regulations were first adopted in 1977, and the last significant
modification was in 1985. Other minor modifications to the regulations have taken
Town of Vail Page 9
place since these dates, but have not resulted in significant changes to the
regulations. These regulations are obsolete, and should be amended to reflect
current priorities and needs.
The community's priorities on parking have changed since adoption of these
regulations, as shown in the Town Council Action Plan. The demands for parking
have increased since adoption of these regulations. Technology is also changing
rapidly, and telecommunications and smart phones now allow drivers that need
parking, and owners or managers or parking spaces, to easily arrange for the short
term leasing of parking spaces.
The proposed amendments will help the Town to meet the current demands for
parking while accommodating new technology and providing additional parking
options to guests. The proposed amendments are intended to balance the benefits
of increased parking options while limiting the impact on Town staff, and placing
responsibility on the owners or managers of private parking spaces.
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
The proposed regulation are intended to allow for the leasing of parking spaces in
the areas that have the most potential benefit to guests, which are in higher density
areas of Town in close proximity to ski lifts, Vail Village and Lionshead. No changes
are proposed to the zone districts where the leasing of parking spaces is allowed.
Allowing the leasing of parking spaces only in these zone districts is intended to
protect the residential character of low density residential districts.
5. Such other factors and criteria the planning and environmental commission
and/or council deem applicable to the proposed text amendment.
VIII. ENVIRONMENTAL IMPACTS
The Community Development has not identified any significant environmental impacts
with the proposed short term leasing of parking spaces. If this program is highly
successful, it could lead to more efficient use of existing parking spaces and could
reduce the need to construct new public parking lots or structures. Also, by reserving a
parking space ahead of time, visitors may spend less time idling or seeking parking,
which could have a positive impact on air quality. There is a small chance that some
property owners wishing to increase on-site parking, in order to collect parking revenue,
will seek to pave additional surface parking areas.
IX. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission forward a recommendation of approval for the prescribed
Town of Vail Page 10
regulation amendment to the Vail Town Council. This recommendation is based upor
the review of the criteria outlined in Section VII of this memorandum and the evidence
and testimony presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
Commission pass the following motion:
"The Planning and Environmental Commission forwards a recommendation of
approval to the Vail Town Council for a prescribed regulation amendment,
pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-
10-17, Leasing of Parking Spaces, Vail Town Code, in order to facilitate the short
term leasing of parking spaces, and setting forth details in regard thereto."
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
Commission makes the following findings:
"Based upon a review of Section Vll of the August 27, 2018 staff memorandum to
the Planning and Environmental Commission, and the evidence and testimony
presented, the Planning and Environmental Commission finds.-
1.
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
ode,and
3. That the amendment promotes the health, safety, morals, and general
welfare of the Town and promotes the coordinated and harmonious
development of the Town in a manner that conserves and enhances its
natural environment and its established character as a resort and
residential community of the highest quality. "
X. ATTACHMENTS
A. Map of Existing Zone Districts for Leasing of Parking Spaces
B. Map of Commercial Core Area Parking
C. Draft Ordinance
Town of Vail Page 11
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ATTACHMENT C - DRAFT ORDINANCE
ORDINANCE NO. 15
SERIES 2018
AN ORDINANCE FOR PRESCRIBED REGULATIONS AMENDMENTS,
PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE,
TO AMEND SECTION 12-10-17, LEASING OF PARKING SPACES,
VAIL TOWN CODE, TO PERMIT THE LEASING OF PARKING SPACES
ON A SHORT TERM BASIS AND SETTING FORTH DETAILS IN
REGARD THERETO
WHEREAS, on December 20, 1977 the Vail Town Council adopted Ordinance
34, Series of 1977, regulating the Leasing of Parking Spaces;
WHEREAS, the Town of Vail has determined that the existing regulations on
Leasing of Parking Spaces are obsolete and need to be updated to reflect current
community parking needs and priorities;
WHEREAS, the Town of Vail has determined that the proposed regulations will
provide a benefit to visitors to Vail through additional parking options, while protecting
the residential character of low density residential neighborhoods;
WHEREAS, the proposed regulations are supported by the Vail Town Council
Action Plan 2018-2020 and the Vail Land Use Plan;
WHEREAS, on August 27, 2017 the Planning and Environmental Commission
held a public hearing and forwarded a recommendation of approval to the Vail Town
Council for the proposed prescribed regulations amendment to the Zoning Regulations
in accordance with the procedures and criteria and findings outlined in Section 12-3-6 of
the Vail Town Code;
WHEREAS, the Town Council finds and determines that the amendments further
the general and specific purposes of the Zoning Regulations, based upon Section VII of
the Staff memorandum to the Planning and Environmental Commission dated August
27, 201, and the evidence and testimony presented; and
WHEREAS, the Town Council finds and determines that the amendments
promote the health, safety, morals, and general welfare of the Town and promote the
coordinated and harmonious development of the Town in a manner that conserves and
enhances its natural environment and its established character as a resort and
residential community of the highest quality, based upon Section VII of the Staff
memorandum dated , 2018.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 12-10-17, Leasing of Parking Spaces, of the Vail Town Code is
hereby amended as follows (text to be deleted is in strikethrough, text that is to be
added is bold underline. Sections of text that are not amended have been omitted.)
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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.
B. Lease Qualifications, nnnliGatiep T., 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, 6eGupan-tor building/property manager who owns;s or
manages fon (4 0) or rr,oro 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 nrnWdes uffiniept narlii g fnr
use by el:ppioyees may ap4, to the of the te"g4 fnr a peFR* to
lease parking spaces. Within a Special Development District (SDD), the
leasing of parkinq shall only be authorized when the underlying zone
district is listed above, or where there is no underlying zone district.
2. The leasing of parking spaces shall be prohibited in any area where
vehicle access to said parking spaces is over or through an established
pedestrian mall.
3. The leasing of parking spaces within a commonly owned property,
including but not limited to common property within a home owners
association or property owners association, shall require the written
approval of the authorized owner or association. The person(s) leasing
such parking spaces shall be responsible for obtaining written
authorization, and shall provide a copy of such written authorization to the
Town of Vail upon request.
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I N 141-41 -1, PAN 11 i 1 M P. I ON M-1-01 V- PAN W --
r
-7. 4. Parking required for any use in accordance with this title may not be
satisfied by the leasing of space from another person under the provisions of this
section.
5. It shall be the responsibility of the owner, occupant or building manager who
has leased spaces to others to provide adequate and proper signs on the
premises and to see that the leased spaces are used and occupied in
accordance with the lease agreement. At least one (1) on-site sign in the
narkina area shall include the name and telephone number of the person or
management company to contact concerning parking disputes.
-9-6. Leasing shall be permitted for short term parking only, and shall be
prohibited for long term storage of vehicles by individuals or companies.
4-0- 7. Car rental agencies may lease parking spaces only in the CC3 district, and
shall be limited to a maximum of fifteen (15) parking spaces per site. Each site
may be allowed a maximum of one lease for a car rental agency. (Ord. 2(2012)
§ 5: Ord. 29(2005) § 29: Ord. 3(1999) § 5: Ord. 47(1991) § 1: Ord. 31(1985) § I.-
Ord.
:Ord. 34(1977) § 1)
Section 2. Severability. If any part, section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid, such decision shall not
affect the validity of the remaining portions of this ordinance; and the Council hereby
declares it would have passed this ordinance, and each part, section, subsection,
sentence, clause or phrase thereof, regardless of the fact that any one or more parts,
sections, subsections, sentences, clauses or phrases be declared invalid.
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Section 3. Retroactivity. The amendment of any provision of the Town Code
as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of
the provision amended. The amendment of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 4. 'Repeal '
epeal. All bylaws, orders, resolutions and ordinances, or parts
thereof, inconsistent herewith are repealed to the extent only of such inconsistency.
This repealer shall not be construed to revise any bylaw, order, resolution or ordinance,
or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this day of , 2018
and a public hearing for second reading of this Ordinance is set for the day of
, 2018, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 2018.
ATTEST:
Patty McKenny, Town Clerk
12
Dave Chapin, Mayor
City of Vail, Colorado Logo
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE:
ITEM/TOPIC: August 13, 2018 PEC Results
ATTACHMENTS:
File Name Description
Pec results 081318.pdf August 13, 2018 PEC Results
0 PLANNING AND ENVIRONMENTAL COMMISSION
TOW?J OF ffl August 13, 2018, 1:00 PM
Town Council Chambers
75 S. Frontage Road -Vail, Colorado, 81657
1. Call to Order
Attendance
Present: Brian Gillette, Ludwig Kurz, Rollie Kjesbo, Pam Hopkins, John
Ryan Lockman and Brian Stockmar
Absent: Karen Perez
Site Visits
2.1. 680 Lionshead Place - Antlers Condominiums
Main Agenda
3. A request for the review of a Major Exterior Alteration, pursuant to Section 12-7H-7, 45 Min.
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 Antlers Condominiums, represented by GPSL Architects
Planner: Chris Neubecker
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 shallbe paid to the Town of Vail by
the applicant prior to issuance of any building permit.
Spence — code allows PEC special approval for parking requirements
Henry Pratt — intent is to "decompress" the office spaces and free up
spaces in the parking garage. Parking was previously approved for 94 units
and are now technically over on parking based on the previous approval
Gillette — what is the net increase on office space?
Pratt — 2,500 sq. ft.
Spence — property is functioning with the existing parking
Pratt — parking is not an issue, there have not been any complaints from
owners
Stockmar — have you seen an increase in demand for parking?
Rob Levine, former GM of Antlers - have in recent years started charging
for parking which has increased use of shuttle services
Lockman — believes it meets criteria and thinks the changes will improve
the property
Hopkins — agree and sees the need is there to continue upgrades
Kurz — meets criteria and enhances guest experience. Parking has been well
managed in the past.
Gillette — agrees
Kjesbo — agrees
Stockmar — agrees and believes the addition of another elevator is a major
improvement and is not concerned with the parking. Was concerned about
egress during the site visit but believes it will be addressed during
construction.
Ludwig Kurz moved to approve with conditions. Brian Gillette seconded
the motionand it passed (6-0).
4. A request for review of a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, 10 min.
Vail Town Code, to allow for a subdivision to reconfigure the property line between two
(2) parcels located at 814 Potato Patch Drive/Lot 3, Block 1, Vail Potato Patch Filing 1,
and 815 Potato Patch Drive/Lot 2, Block 1, Vail Potato Patch Filing 1, and setting forth
details in regard thereto. (PEC18-0030)
ApplicantGolden Peak Enterprises LLC, represented by Pierce Architects
Planner: Jonathan Spence
Spence — In many other communities this type of application is handled
administratively. These lots were presented previously for a lot line
adjustment and are being amended again.
Gillette — asked what the previous vote was
Spence — all in favor with the exception of Commissioner Perez.
Kjesbo — final tweaks on a unique property.
All commissioners agree with Staff's recommendation.
Ludwig Kurz moved to approve.Brian Gillette seconded the motionand it
passed (6-0).
5. Approval of Minutes
July 23, 2018 PEC Results
Brian Gillette moved to approve.Ludwig Kurz seconded the motionand it
passed (6-0).
6. Adjournment
Brian Gillette moved to Motion.Ludwig Kurz seconded the motion
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