Loading...
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 0 rowN of vaiL') 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 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 - 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.) 1 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. 2 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. 3 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