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HomeMy WebLinkAbout2018-09-10 PEC0 PLANNING AND ENVIRONMENTAL COMMISSION TOW?J OF ffl September 10, 2018, 1:00 PM Town Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 1. Call to Order Attendance Present: Brian Gillette, Ludwig Kurz, Pam Hopkins, John Ryan Lockman, Rollie Kjesbo, Karen Perez and Brian Stockmar Absent: None 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 12-13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, to allow for an increase in the maximum size of a Type III Employee Housing Unit. (PEC18-0031) Applicant: Mauriello Planning Group Planner: Chris Neubecker Chris Neubecker introduced the requested code amendment to the commission. Neubecker discussed Type I I I Employee Housing Units (EHUs) and its requirements/regulations. Commissioner Stockmar asked about how owners or occupiers of Type I I I are affected by retirement. Commissioner Gillette asked about Type I I I and if they count for density and GRFA. Stockmar-This could spark a merger of units. Neubecker discussed the size of units. Stockmar-A lot of questions as to why we are doing this. Dominic Maurilio, representing the applicant, discussed the proposal and why a text amendment was chosen, instead of other possibilities. He discussed the different types of EHUs and the ones that aren't in the code, mainly TOV projects. Mauriello walked through each type of EHU and their characteristics. He provided data on the number and average size of units within the TOV. He also walked through the criteria for approval. Kjesbo-Does the property have property lines, or is part of a larger property? I am struggling with the relationship between lot size and house size. Hopkins -Discussed the changes in house sizes over time. Effect on community. Mauriello discussed his experience with house size Perez -Expressed her concern about parking and management. Felt the need to look at the bigger picture. Mauriello- Would the unit size affect the management? Stockmar-This is a bigger question than I realized. Public Comment: Steve Lindstrom, representing the Vail Local Housing Authority (VLHA), discussed the board's review of this proposal. Discussed the board's move away from the terms "employee" or "affordable" housing and focus on resident housing. Discussed their vision for a parallel housing market for residents, versus second home owners. Believes that market forces will take care of price and large unit concerns. Gillette -Maybe we are going a bit too fast. Need a devil's advocate for trying to think of all the unintended consequence. Stockmar- I agree very much with Gillette. Hopkins -Could you build a frat house? I am concerned with the maximum size. Stockmar-Is this an issue for code enforcement? Is there another way to skin this? Kjesbo- This was built in Eagle County. Is a variance a better way than the text amendment? Neubecker-I would like to hear from Kurz and Lockman. Kurz -Split this into two. One policy, and one for this property in question. In general as for size, the 1,200 square feet was not taken out of thin air. There was an argument years ago that said larger units would encourage use by others than eligible for employee housing. Smaller units encouraged locals and employees. Lockman- Concur with others. It would be great if the town would do more research on this. Instead of one offs. Hopkins- Like to split it. Perez- Need to look at this property separately. Ludwig Kurz moved to table to October 8, 2018.13rian Gillette seconded the motionand it passed (7-0). 3. Approval of Minutes August 27, 2018 PEC Results John -Ryan Lockman moved to approve.Ludwig Kurz seconded the motionand it passed (6-0). 4. Adjournment Ludwig Kurz moved to adjourn. J ohn- Ryan Lockman 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: September 10, 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 12-13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, to allow for an increase in the maximum size of a Type III Employee Housing Unit. (PEC18-0031) OTTOCHMFNTS- File Name Description PEC18-0031 EHU Type III Text Amendment Staff Memo.pdf Staff Memorandum Applicant Narrative Type III EHU Text Amendment.pdf Attachment A - Applicant Narrative TOWN OF Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 10, 2018 SUBJECT: A request for a recommendation to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, to allow for an increase in the maximum size of a Type III Employee Housing Unit. (PEC18-0031). Applicant: Simon Hamui, represented by Mauriello Planning Group Planner: Chris Neubecker SUMMARY The applicant, Simon Hamui, represented by Mauriello Planning Group, requests the review of a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, to allow for an increase in the maximum size of a Type III Employee Housing Unit from 1,200 square feet to 2,500 square feet. II. DESCRIPTION OF REQUEST The applicant is proposing to amend the chart in Section 12-13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, to increase the maximum size of a Type III Employee Housing Unit (EHU) from 1,200 square feet to 2,500 square feet. The only proposed change to the regulations is the size of this one type of EHU. The current regulations state: `A. Dwelling unit: 300 sq. ft. minimum and 1, 200 sq. ft. maximum." III. BACKGROUND In January 1990, the Town of Vail requested that Town staff develop a series of policies and recommendations to address the community's need to expand the supply of affordable housing for both year round and seasonal residents. As part of this initiative, the Town also commissioned an Affordable Housing Study ("Study"). One of the recommendations of the Study was the to define an Affordable Housing Unit, which was recommended to range from 450 to 900 square feet in size, and which would be counted as 0.5 dwelling units for purposes of density. These affordable housing units were proposed in the following zone districts: Residential Cluster (RC), Low Density Multiple -Family (LDMF), Medium Density Multiple Family (MDMF), High Density Multiple -Family (HDMF), Commercial Core I (CC1), Commercial Core II (CC2), Commercial Core III (CC3), Commercial Service Center (CSC), Arterial Business District (ABD), Public Use District (PUD). On September 1, 1992 the Vail Town Council adopted Ordinance 9, Series of 1992. This ordinance created a new chapter in the Vail Town Code on Employee Housing. The ordinance placed size limits on Type III EHUs ranging from 450 to 900 square feet. The new regulations also assigned a density of 0.5 dwelling units to each Type III EHU. This ordinance included the same zone districts as recommended in the Affordable Housing Study, with two additional zone districts. The ordinance allowed Type III EHUs in the following zone districts: Residential Cluster (RC), Low Density Multiple -Family (LDMF), Medium Density Multiple Family (MDMF), High Density Multiple -Family (HDMF), Public Accommodation (PA), Commercial Core I (CC1), Commercial Core II (CC2), Commercial Core III (CC3), Commercial Service Center (CSC), Arterial Business District (ABD), Parking District (P), Public Use (PUD), and Ski Base/Recreation (SBR). On July 19, 1994, the Vail Town Council adopted Ordinance 14, Series of 1994. This ordinance reiterated that a Type III EHU shall be between 450 and 900 square feet, and was calculated as 0.5 dwelling units for purposes of density. The largest EHUs at the time were Type I EHUs, which were allowed in the Primary/Secondary (PS) zone district and were allowed to be up to 40% of the allowable Gross Residential Floor Area (GRFA). Within the Hillside Residential (HR) zone district, Type V EHUs were allowed up to 1,200 square feet. In each case, the EHU was counted as 1.0 units of density. On April 18, 2000, the Vail Town Council adopted Ordinance 6, Series of 2000, which repealed and re-enacted Title 12, Chapter 13, relating to Employee Housing. As part of this ordinance, the size limit for Type III EHUs was increased from 900 square feet to 1,200 square feet. These changes were adopted partly in response to the Vail Tomorrow planning process, where the community indicated support for providing more incentives for private developers to create employee housing units. Town of Vail Page 2 IV. PROPOSED TEXT AMENDMENT LANGUAGE The Prescribed Regulation Amendment is proposed to amend the one sentence in the existing chart within Section 12-13-4. EHU Zoning Districts Permitted By Right Ownership / Transference Additional GRFA Additional Site Coverage/ Reduced Landscape Area Garage Credit / Storage Requirement Parking Minimum/ Maximum GRFA Of An EHU Density Type The EHU may be The EHU is n/a n/a Per The EHU III sold or transferred excluded from chapter 10 A. Dwelling is excluded separately. the calculation of this title unit: 300 sq. from the of GRFA. as a ft. minimum calculation dwelling and X09 of density. unit. 2,500 sq. ft. maximum B. Dormitory unit: 200 sq. ft. minimum for each person occupying the EHU. V. ROLES OF REVIEWING BODIES Order of Review: Generally, prescribed regulations 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 prescribed regulations amendment application. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a prescribed regulations 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 prescribed regulations amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a prescribed regulations 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 Town of Vail Page 3 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 adopted master plans and Vail Town Code 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. 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. Town of Vail Page 4 12-13-1: PURPOSE: The town's economy is largely tourist based and the health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a strong, high quality and consistently available work force. To achieve such a work force, the community must work to provide quality living and working conditions. Availability and affordability of housing plays a critical role in creating quality living and working conditions for the community's work force. The town recognizes a permanent, year round population plays an important role in sustaining a healthy, viable community. Further, the town recognizes its role in conjunction with the private sector in ensuring housing is available. (Ord. 9(2007) § 1) 12-13-2: APPLICABILITY: A. The requirements of this chapter shall be in addition to the requirements set forth in each zone district where employee housing units (EHUs) are permitted or required, subject to subsection C of this section. B. Where the provisions of this chapter conflict with the provisions of any other chapter, the provisions of this chapter shall control, subject to subsection C of this section. C. This chapter shall not apply to any EHU constructed on or after May 1, 2007, in any zone district that is subject to the requirements of chapter 23 or 24 of this title. (Ord. 9(2007) § 1) 12-13-3: GENERAL REQUIREMENTS: A. Deed Restriction, Occupancy Limitations, And Reporting Requirements - Types 1 11 111, And V.- 1. : 1. No EHU shall be subdivided or divided into any form of timeshare, interval ownerships, or fractional fee. 2. For EHUs which are required to be leased, they shall only be leased to and occupied by tenants who are full time employees who work in Eagle County. An EHU shall not be leased for a period less than thirty (30) consecutive days. An EHU shall be continuously rented and shall not remain vacant for a period to exceed three (3) consecutive months. 3. Thirty (30) days prior to the transfer of a deed for an EHU, the prospective purchaser shall submit an application to the administrator documenting that the prospective purchaser meets the criteria set forth herein and shall include an affidavit affirming that he/she meets these criteria. Town of Vail Page 5 4. No later than February 1 of each year, the owner of an EHU shall submit a sworn affidavit on a form provided by the town to the community development department containing the following information.- a. nformation: a. Evidence to establish that the EHU has been occupied throughout the year by an employee,- b. mployee,b. The rental rate,- c. ate,c. The employer; and d. Evidence to demonstrate that at least one tenant residing in the EHU is an employee. 5. The deed restriction setting forth the provisions of this subsection A shall be provided by the town. Said deed restriction shall run with the land and shall not be amended or terminated without the written approval of the Vail town council. Said restriction shall be recorded by the town at the Eagle County clerk and recorder's office prior to the issuance of a certificate of occupancy. B. Development Standards.- 1. tandards: 1. No structure containing an EHU shall exceed the maximum GRFA permitted in this title except as specifically provided herein. 2. All trash facilities shall be enclosed. 3. All surface parking shall comply with chapter 11 of this title. 4. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit it may be attached to. 5. An EHU may be located in, or attached to, an existing garage (existing on or before April 18, 2000, and whether located in a required setback or not), provided that no existing parking required by this code is reduced or eliminated. A type 1 EHU of five hundred (500) square feet or less of GRFA may be considered for physical separation from the primary unit, if it is constructed in conjunction with a two (2) car garage and is otherwise compatible with the surrounding properties, does not have an adverse impact on vegetation, and does not dominate the street. The design review board shall review such requests for separation. 6. All EHUs must contain a kitchen or kitchenette and a bathroom. 7. Occupancy of an EHU shall be limited to the maximum of two (2) persons per bedroom. C. Application Requirements.- 1. equirements:1. Applicants for a conditional use permit for the purpose of constructing EHUs shall not be required to pay a conditional use permit application fee or design review application fee. Town of Vail Page 6 2. A development review application for a conditional use permit for the purpose of constructing EHUs is subject to review and approval by the planning and environmental commission as provided in chapter 16 of this title. 3. EHU applications which do not require a conditional use permit shall be reviewed by the department of community development subject to a design review application. 4. A development review application for a type 11 EHU shall include the signatures of all owners of the property (i.e., both sides of a duplex) or there shall be a letter accompanying the application from all owners agreeing to the addition of an EHU. Applications will not be accepted unless this provision is met. 5. Any existing legal nonconforming dwelling unit in the town may be converted to an EHU administratively by the town without obtaining a conditional use permit. Dwelling units and lock off units which exist as of the date hereof but which are nonconforming with respect to density and GRFA may be converted to a conforming EHU administratively by the town, as long as they otherwise comply with the development standards and parking requirements found herein and comply with the town's building code requirements. Upon being converted to an EHU per this section, such dwelling unit shall be considered a legally conforming EHU and shall be governed by all requirements of this chapter. D. Enforcement: All EHUs governed by this chapter shall be operated and maintained in accordance with this title. Failure to do so may result in enforcement proceedings in a court of competent jurisdiction and in accordance with chapter 3 of this title. E. Written Management Plan For Type VI EHUs: For the purposes of this title, a type VI EHU is an EHU which shall be governed by a written management plan or other written program approved by the planning and environmental commission. The management plan is the principal document in guiding the use of a type VI EHU. The management plan shall be reviewed and approved by the planning and environmental commission as part of the conditional use permit application for a type VI EHU in accordance with chapter 16 of this title. 1. Management Plan Contents.- a. ontents:a. Parameters: The management plan shall include all relevant material and information necessary to establish the parameters of the type VI EHUs. b. Exclusive Use: The management plan shall demonstrate that the type VI EHUs are exclusively used for and remain available for employee housing. c. Notice Of Record: The management plan shall provide a mechanism to provide adequate notice of record to prospective owners to ensure that the requirements of the plan shall be met with any future changes in ownership. d. Occupancy: The management plan shall include adequate provisions to ensure that the EHUs shall be occupied, and shall not remain vacant for a period to exceed three (3) consecutive months. Town of Vail Page 7 e. Affidavit: No later than February 1 of each year, the owner of a type VI EHU shall submit to the department of community development one copy of a sworn affidavit on a form from the department of community development, to establish that the EHU has been used in compliance with the management plan. f. Other Items: The management plan shall include such other items as the planning and environmental commission or the administrator deems necessary. 2. Amendments: Amendments to an approved management plan shall be reviewed by the planning and environmental commission in accordance with this section. 3. Findings: In addition to the findings in subsection 12-16-68 of this title, the planning and environmental commission shall make the following findings before approving a management plan.- a. lan:a. That the management plan is in accordance with the intent and purposes of this chapter and chapter 6, article 1 of this title. b. That the management plan effectively provides employee housing. c. That the management plan effectively provides for adequate notice to prospective owners of the requirements of the management plan and the occupancy requirements for a type VI EHU. 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Community - Goals Engage our community in honoring social, recreational, cultural, and educational values that will guide sustainable strategies throughout our neighborhoods as the foundation of our town's continued success. Ensure that our citizens are afforded the opportunity to live and thrive in our community. • Balanced community composition • Housing as necessary infrastructure to our community Vail 2020 Strategic Action Plan Land Use Goal #4: Provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. • Address the zoning regulations to provide more incentives for developers to build employee housing units. Environmental Sustainability • Support employee housing initiatives in order to reduce trips into Vail. Housing Goal: The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town, and will provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. 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. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5. Residential 5.3. Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. 5.5. The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Vail Housing 2027 "The Town of Vail will acquire 1,000 additional resident housing unit deed restrictions by the year 2027. " VII. ISSUES FOR CONSIDERATION Purpose of Size Limits - Staff has researched the records on employee housing, but we could find no definitive reason for the size limit of 1,200 square feet. In 1990, the Town of Vail commissioned the Vail Affordable Housing Study. This study recommended a definition of Affordable Housing Unit, which was proposed to range from 450 — 900 square feet. The purpose of this section of the study was "to encourage the provision of affordable housing units in a manner which is cost effective and at the same time provides a quality living environment for its occupants in a manner that is sensitive to a neighborhood's scale, density, and overall design." Staff can only speculate that in 1992 there was intent to place both lower and upper size limits on Type III EHUs. The lower limit of 450 square feet would ensure that units meet minimum sizes for livability. The upper limit of 900 square feet may have been included to encourage more units of reasonable size, and to keep units affordable. However, we have not found evidence in the Town's records to confirm this theory. In 2000, the size limit was increased to 1,200 square feet in response to community support during the Vail Tomorrow process to create more incentives for private developers to create employee housing. More units of smaller size, which tend to be less expensive than larger units, would help to address the housing needs for workers on the lower end of the pay scale (retail, restaurant, lodging, skier services, and other service workers, for example). Larger EHUs would more likely be occupied by groups of workers, or by employees earning higher wages. Diversity of Housing Sizes — The proposal to increase the size limit for Type III EHUs could result in some larger dwelling units. From a policy perspective, larger units may be considered either positive or negative. Larger units could allow families with children Town of Vail Page 14 to reside in EHUs, and may prevent some employees and families from moving down valley to obtain larger homes that they can afford. On the negative side, larger units would likely be less affordable, and may be occupied by workers who might also be able to afford a market rate unit, thereby competing with people who may need more housing assistance. Smaller EHUs would help to keep the prices down, while larger units help address a different segment of the employee housing market that are limited in supply, those being affordable or deed -restricted EHUs for families. The recently completed Chamonix Vail neighborhood is an example of some larger EHUs. Homes in Chamonix Vail range from 1,143 square feet to 2,002 square feet. Affordability — As mentioned above, smaller EHUs will tend to be less expensive than larger units, subject to location, quality and amenities. While Type III EHUs are not controlled for rental or sales price, larger units will likely cost more, and will be targeted to a different buyer or tenant. Impacts on Mass and Scale — Type III EHUs are not counted as density, and do not count towards the Gross Residential Floor Area (GRFA) of the property. As a result, allowing larger Type III EHUs could result in larger buildings. Developments will still have to meet the established requirements for site coverage, building height, and setbacks. It is important to point out that Type III EHUs are allowed primarily in higher density areas of town, including multiple family, accommodation and commercial zone districts. The types of structures most common in these zone districts are multiple family structures, and enlarging existing Type III EHUs in existing buildings may be difficult. Alternatives to Code Amendment — In addition to amending the current code, one alternative would be for applicants wishing to build larger Type III EHUs to seek a variance. This route would be preferable over changing the Town Code for one applicant, if there were some unique circumstance applicable to one property. However, there may be other applicants that wish to take advantage of the proposed policy amendment. In addition, the variance criteria are intended to address physical hardships relating to the land, building or property. The applicant is not claiming any particular hardship with the current size limit of 1,200 square feet. VIII. 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 prescribed regulation amendment furthers the general and specific purposes of the zoning regulations by promoting a variety of employee housing sizes, which helps to address the desire for a variety of residents in the community, while maintaining established community qualities and economic values. Staff finds that this criterion has been met. Town of Vail Page 15 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 amendment will better implement or achieve some 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, Town Council Action Plan 2018-2020 goals for creating a balanced community, and the Vail 2020 Strategic Action Plan. The most relevant sections of the Vail Land Use Plan include the following 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. 1.3. The quality of development should be maintained and upgraded whenever possible. 5. Residential 5.3. Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. 5.5. The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. 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 Conditions have changed since adoption of the subject regulations. Housing is more of a concern today than it was when the existing policy was adopted, and the price and availability of housing is raised as a top concern to the business community relating to employee attraction and retention. The Town has attempted, with the recent development of the Chamonix Vail neighborhood, to create deed -restricted housing designed for families and professionals, with larger home sizes. The proposed amendment would allow for larger Type III Employee Housing Units, where permitted. Staff finds that this criterion has been met. Town of Vail Page 16 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 provide a harmonious, convenient, workable relationship among land use regulations consistent with the municipal development objectives. Increasing the maximum size of Type III EHUs to 2,500 square feet will allow for existing Type III EHUs to be expanded. Due to their location within primarily multiple family type structures, it is unlikely that a significant number of existing Type III EHUs will be expanded as a result of this amendment. The proposed amendment will allow for additional variety of employee housing unit sizes, which will help create more variety of deed -restricted housing options, and may allow some employees to remain living in Vail. 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. IX. ENVIRONMENTAL IMPACTS The Community Development has not identified any significant environmental impacts with the proposed increase in the maximum size of Type III Employee Housing Units. While larger residential dwellings in general use more resources, the proposed policy change and increase the maximum allowed size of Type III EHUs will likely have negligible impacts. X. STAFF RECOMMENDATION The Community Development Department does not have a recommendation on the proposed prescribed regulations amendment. We can see a variety of benefits to the proposed amendment, and some potential negative impacts. The Vail Local Housing Authority (VLHA) reviewed this proposal at their meeting on August 28, 2018, and did not have a consensus. The VLHA vote 3-1 to support to the application. 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- 13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, to allow for an increase in the maximum size of a Type 111 Employee Housing Unit from 1,200 square feet to 2,500 square feet, and setting forth details in regard thereto. (PEC18-0031)" Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed Town of Vail Page 17 regulations amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section VIII this memorandum, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code, and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " XII. ATTACHMENTS A. Applicant's Narrative Town of Vail Page 18 ATTACHMENT A - APPLICANT NARRATIVE I li �^�� - -11-2 ►�-� Ow w L/ - S�$1.rYPE.F kelp_ � Ar 440ZE- k,.Mp,,, 5 l�AwCRIB R�- [t�7En3 !. , p'ii1Q a= T PwK W -'r }� Nwlmw, ew&m4rw4trst • 7b-x,.�eaus s -r.) bE parr, .0 to d PF.p^,A Text Amendment Chapter 12-13: To allow for an increase in the maximum size of Type 111 EHUs from 1,200 sq. ft. to 2,500 sq. ft. Submitted: August 2018 IVU I lei Mauriello Planning Group Introduction Mauriello Planning Group on behalf of Simon Hamui, a resident of the Town of Vail, is proposing to amend the limit placed on the maximum size of a Type III EHU currently at 1,200 sq. ft. The proposal would amend the maximum floor area of a Type III EHU to 2,500 sq. ft. Deed restrictions place limitations on who can occupy a unit. Chapter 12-2 provides the definition of a deed restriction as follows: DEED RESTRICTION: A permanent restriction on the use, occupancy and transfer of real property that runs with the land and is recorded against the property in the Eagle County clerk and recorder's office. The Type III deed restriction specifically limits occupancy, but does not limit price or appreciation value of the EHU. Type III EHUs can be rental units (as is often the case with those within a multi -family or mixed use structure) or can be sold separately and occupied by the owner. Occupancy of the unit is limited by the deed restriction, which states: The Type 111 EHU shall be leased to and occupied by tenants who are full-time employees who work in Eagle County. The Type/// EHU shall not be leased for a period less than thirty (30) consecutive days. For the purposes of this paragraph, a full-time employee is one who works an average of a minimum of thirty (30) hours each week on a year round basis. The Type 111 EHU shall be continuously rented and shall not remain vacant for a period to exceed five (5) consecutive months. (or) It must be used by the Owner of the Type 1111 EHU as a permanent residence. For the purpose of this paragraph, a permanent residence shall mean the home or place in which one's habitation is fixed and to which one, whenever he or she is absent has a present intention of returning after a departure or absence therefrom regardless of the duration of absence. Regardless of the size of the unit, the deed restriction remains on the property and can only be removed or amended with the consent of the owner and the Town of Vail. Variations in the sizes of deed -restricted EHUs allows for a greater variety of choices for the workforce of Vail. In fact, the Chamonix neighborhood, recently completed by the Town of Vail, has units that range in size from approximately 1,110 sq. ft. up to 2,000 sq. ft., allowing for a variety of formats to appeal to the largest number of potential purchasers. The Chamonix units are Type VI deed -restrictions, which do not include any size limitations. Most of the various types of employee housing units have size minimums and/or maximums limited by Chapter 12-13. The following table provides these limitations by EHU type: EHU Type Minimum Maximum Density Type I NA NA The EHU is allowed as a second unit on the Two -Family Zone property. Districts 2 EHU Type Minimum Maximum Density Type II 300 sq. ft. 1,200 sq. ft. The EHU is allowed as a third unit on Two -Family Zone property. Districts Type III 300 sq. ft. 1,200 sq. ft. The EHU is excluded from the calculation of Multiple -Family density. Zone Districts Type IV NA NA The EHU is calculated as density. Any unit regardless of zone district Type IV - CL Dorm - 250 sq. ft. NA The EHU is calculated as density. Unit required by Studio - 438 sq. ft. Commercial 1 Bedroom - 613 sq. ft. Linkage 2 Bedroom - 788 sq. ft. 3 Bedroom - 1,225 sq. ft. Type IV - IZ Dorm - 250 sq. ft. NA The EHU is calculated as density. Unit required by Studio - 438 sq. ft. Inclusionary Zoning 1 Bedroom - 613 sq. ft. 2 Bedroom - 788 sq. ft. 3 Bedroom - 1,225 sq. ft. Type V NA 1,200 sq. ft. The EHU is allowed as a second unit on the Hillside Residential property. Zone District Type VI NA NA As determined by the PEC. Housing Zone District Type VII - CL Unit Dorm - 250 sq. ft. NA The EHU is excluded from the calculation of required by Studio - 438 sq. ft. density. Commercial 1 Bedroom - 613 sq. ft. Linkage 2 Bedroom - 788 sq. ft. 3 Bedroom - 1,225 sq. ft. Type VII - IZ Dorm - 250 sq. ft. NA The EHU is excluded from the calculation of Unit required by Studio - 438 sq. ft. density. Inclusionary Zoning 1 Bedroom - 613 sq. ft. 2 Bedroom - 788 sq. ft. 3 Bedroom - 1,225 sq. ft. The EHU types created in the early years of the Employee Housing chapter (like Type III) often had both minimums and maximums, likely as the idea of EHUs was relatively new and unique so more specific limitations were provided. The later types of EHUs (those created when commercial linkage and inclusionary zoning were developed a decade later) were more focused on minimums, with the idea of creating EHUs that were more livable and functional for the employees living in the units. As the EHU program has evolved over the years, the need for more variation in size of units has become apparent. It is interesting to note that of the three types of EHUs with a maximum limitation, only the Type III EHU can 3 be sold or transferred separately. The Type II and the Type V cannot be sold or transferred from the single-family or duplex unit it is connected to and those types are limited as to not create additional bulk and mass on duplex lots. Type III EHUs are a permitted use in most of the higher density zone districts, including the commercial zone districts. The zone district's allowingType III EHUs are: • Residential Cluster • Low Density Multiple -Family • Medium Density Multiple -Family • High Density Multiple- Family • Vail Village Townhouse • Public Accommodation • Commercial Core 1 • Commercial Core 2 • Commercial Core 3 • Commercial Service Center • Arterial Business • Heavy Service • Lionshead Mixed Use 1 • Lionshead Mixed Use 2 • Public Accommodation 2 • Ski Base/Recreation • Ski Base/Recreation 2 • Special Development District • Parking District • General Use The proposed amendment would increase the maximum size of Type III EHUs from 1,200 sq. ft. to 2,500 sq. ft. This allows residents and/or owners of Type III EHUs to make additions or expand their homes to meet their changing needs. It is not likely that all new Type III EHUs would be constructed to the proposed 2,500 sq. ft. maximum. Developers often construct EHUs closer to the minimum floor area requirements, in order to serve the needs of more employees. Additionally rental rates tend to favor smaller units as smaller units can be rented or sold for more dollars per sq. ft. than larger units. As a result, there will still likely be a wide variety sizes of Type III EHUs constructed. It is also important to note that prior to the adoption of Commercial Linkage Requirements and Inclusionary Zoning Requirements in 2008, Type III EHUs were the type of deed restrictions required by the Town to meet EHU obligations of SDDs or other redevelopment projects. Following the adoption of the requirements in 2008, all employee housing requirements of new or redevelopment are deed -restricted as either Type IV -CL, Type VII -CL, Type IV-IZ or Type VII-IZ. Currently, new Type III EHUs would be voluntarily developed beyond the commercial linkage or inclusionary zoning requirements and, as a result, new Type III EHUs are rare. There has been a recent instance of proposed Type III EHUs which were required to be reduced in size in order to comply with Code. This did impact the livability of the employee units. In summary, changing the maximum floor area allowed in a Type III EHU is not going to generate a lot of expansions or new units throughout the Town. It is not going to be a drastic change. However, in the few instances where this can be taken advantage of, it could increase improve the livability of existing units and the overall supply of square feet of EHUs in the Town. Criteria for Review The review criteria for a text amendment are provided in Section 12-3-7 and are listed below. The Applicant's analysis of conformance with the criteria follows: A. Factors Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requested text amendment: 4 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations Applicant Analysis: Chapter 12-1-2: provides the general and specific purposes of the Zoning Regulations: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 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. Applicant Analysis: The proposed amendment to increase the maximum size of Type III EHUs from 1,200 sq. ft. to 2,500 sq. ft. furthers the general and specific purposes of the zoning regulations by enhancing and diversifying the employee housing stock, helping to maintain the character of the Town as a resort and residential community of high quality. The proposed amendment is consistent with municipal objectives to encourage and provide for high-quality employee housing in a variety of formats to appeal to residents. Creating a diversity of employee housing product creates a vibrant community, with opportunities for workers ranging from seasonal employees to full-time, year-round employees with families. As a result, the proposed amendment is consistent with this criterion by furthering the purposes of the zoning regulations. 5 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 Applicant Analysis: The various master plans that make up the Vail Comprehensive Plan have been reviewed and the following goals and policies are applicable from these documents: Vail Land Use Plan 5.3. Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. 5.5. The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. The Vail Land Use Plan, which was adopted in 1986, provided the above objectives related to employee housing and residential grown. As indicated, these goals have been long-term ideals, which talk about "a full range of housing types" and that the "existing employee housing base should be preserved and upgraded." These are supportive of the proposal that employee housing should be in a variety of formats and sizes, ranging from efficiency apartments to single-family homes. This creates a robust employee housing supply, creating opportunities for residents who cannot afford free-market housing to remain in Vail. This creates a sustainable community with residents of all income levels and in various life stages. Vail Housing 2017 Strategic Plan VISION An Eye on the Future We envision Vail as a diverse, resilient, inclusive, vibrant and sustainable mountain resort community where year-round residents are afforded the opportunity to live and thrive. We take a holistic approach to maintaining community, with continuous improvement to our social, environmental, and economic well being. We create housing solutions by recognizing and capitalizing on our unique position as North America's premier international mountain resort community in order to provide the highest quality of service to our guests, attract citizens of excellence and foster their ability to live, work, and play in Vail throughout their lives. 6 Our strategic solutions and actions result in the retention of existing homes, creation of new and diverse housing infrastructure, and collaboration with community partners. For Vail, no problem is insurmountable. With a consistent, community -driven purpose and an entrepreneurial spirit, Vail will lead the industry in innovative housing solutions for the 21st century. The Town is well positioned financially to undertake this significant challenge. MISSION Maintaining and Sustaining Community "We create, provide, and retain high quality, affordable, and diverse housing opportunities for Vail residents to support a sustainable year round economy and build a vibrant, inclusive and resilient community. We do this through acquiring deed restrictions on homes so that our residents have a place to live in Vail." TEN YEAR GOAL "The Town of Vail will acquire 1,000 additional resident housing unit deed restrictions by the year 2027." These new deed restrictions will be acquired for both existing homes as well as for homes that are newly constructed by both the Town of Vail and private sector developers. By virtue of the occupancy requirements of the deed restrictions, the Town of Vail does not need to own resident homes to forward its mission of maintaining and sustaining community. Title to real estate can change ownership often. Once recorded, a deed restriction transfers with the title and survives changes in ownership over time, thus assuring lona term resident housing. The 2017 Strategic Plan is an ambitious roadmap to acquiring deed restrictions on properties throughout the Town, in clear recognition that a deed -restriction outlives ownership changes and that this can prevent the turnover from local -resident occupancy to second homeowner occupancy of existing housing stock. The plan recognizes that by providing diverse housing opportunities for local employees, it creates a sustainable economy and a vibrant community. Allowing for Type III EHUs to be up to 2,500 sq. ft., while still not an overly large home, creates opportunities for more employees to live and work in Vail, while providing additional living space that allows for families to live and grow in a unit, rather than moving down -valley to a larger home. Vail businesses then have to compete with down -valley businesses for employees, where workers may prefer shorter commutes. Variety in deed -restricted home sizes is supported by the Vail Housing 2017 Strategic Plan. Vail 20/20 Plan Vail's Vision is the general vision statement for Vail's future, based on input from the community during the Vai120120 process, and is as follows: We are the "Premier Mountain Resort Community" by providing high quality of life and experiences for both residents and visitors. This is achieved through environmental stewardship, world-class recreational, cultural and educational opportunities, a strong year-round economy, diversity of housing, and superior infrastructure. The town actively seeks input and cooperation from the community and its neighbors to ensure fulfillment of its vision. Housing: The high cost of housing and a lack of developable land continue to challenge the community in providing adequate workforce housing. Opportunities exist to increase the amount of employee housing through redevelopment of existing housing, the purchase of deed -restricted units and through developer requirements. During 20/20, participants placed workforce housing as a top priority for the community and government leaders to address. 20/20 Vision The number of employees living within the town has steadily increased, thanks to the town's commitment to ensure affordability and availability of housing. The number of deed -restricted rental and for -sale units required of both private and public projects has increased. The diversity of deed -restricted units can accommodate the seasonal worker, as well as all levels of year-round employees, including those with families. Housing in general has been transformed to include green building standards. 20120 Implementation Goal: The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town, and will provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. Workforce housing was identified as a top priority in the Vail 20/20 plan, with a recognition that diversity of housing opportunities furthers the Town's goal to be the "Premier Mountain Resort Community." Diversity of deed -restricted units will continue to allow the Town of Vail to accommodate all employees, from the season worker to year-round employees with families. Allowing Type III EHUs to be a maximum of 2,500 sq. ft. further advances this d iversity. As indicated in this analysis, the proposed text amendment complies with this criterion by better implementing and achieving the the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable Applicant Analysis: s The employee housing chapter, generally in its current form (now 12-13 of the Vail Town Code), was originally adopted in 1992 by Ordinance 9, Series of 1992. This ordinance created the Type III Employee Housing Unit, with the purpose that it would allow for the construction of EHUs in multiple family and mixed use zone districts. At the time, Type III EHUs were a conditional use in these zone districts and counted towards density maximums as 0.5 of a dwelling units. Type III EHUs were required to be a minimum of 450 sq. ft. and a maximum of 900 sq. ft. and was allowed a maximum of 3 bedrooms. Based on a review of past ordinances, in 2000 the Town did a major overhaul of the EHU chapter, and modified the size requirements for a Type III to the current 300 sq. ft. minimum and 1,200 sq. ft. maximum. This was part of an overall goal as a result of the Vail Tomorrow and Common Ground processes of providing additional incentives and eliminating disincentives for the creation of employee housing throughout the Town of Vail. Since the current minimum and maximum requirements for Type III EHUs were adopted, many changes have occurred. It is interesting to note that most policy has focused on increasing the number of deed -restricted units throughout the Town of Vail and Eagle County. However, as these programs have matured, little direction has been given to allowing improvements to the existing inventory of deed -restricted housing. In 2008, the Town adopted the Vail Employee Housing Strategic Plan, with the stated goal to: "The Employee Housing Strategic Plan (EHSP) seeks to meet the expectations established by the community and confirmed by the Town Council and provide enough deed -restricted housing for at least 30 percent of the community's workforce to live in the Town of Vail through a variety of policies, regulations and publicly initiated development projects." The 2008 Strategic Plan was the impetus for codifying both the Commercial Generation requirements and Inclusionary Zoning requirements, which required development to provide employee housing. These requirements do not have a maximum size limitation, in recognition that larger units can be a benefit to the overall employee housing inventory. In 2016, the Town of Vail adopted "Vail Housing 2017: A Strategic Plan for Maintaining and Sustaining Community through the Creation and Support of Resident Housing in Vail" with the single goal of "acquiring 1,000 additional resident housing unit deed restrictions by the year 2027." It further states the mission as: "We create, provide, and retain high quality, affordable, and diverse housing opportunities for Vail residents to support a sustainable year round economy and build a vibrant, inclusive and resilient community. We do this through acquiring deed restrictions on homes so that our residents have a place to live in Vail." In 2018, Eagle County completed Housing Needs and Solutions 2018: Eagle River Valley, which recognized a current need of 2,780 units in 2018, with an increase to 7,970 units by 2030. Unlike most previous studies which focused mainly on the need for additional units, this study looked further into housing preferences, including an analysis of the size and types of homes preferred by residents. The analysis provided the following: 9 Upgrades Survey respondents had the opportunity to rate upgrades they would seek to and believe they can afford regards to a hypothetical home. When given an array of add on features or upgrades to choose from, fewer than 10% indicated they would prefer the base models. A private yard for $10,000 was the top choice for both renters and owners who want to buy. There are notable differences, however, between owners who want to move into a different residence and renters who want to move into ownership. • Owners more often selected multiple upgrades with a two car -garage, additional full bathroom, two additional bedrooms and extra storage measuring 8' by 81 • Renters desire fewer upgrades but rated one additional bedroom, a one -car garage, an extra half bath, and a storage locker higher than owners. Examination by unit type reveals most potential buyers: • Would like an additional bedroom except for those who are very interested in a 3 - bedroom single family home. • Want and think they could afford a garage. • Want and think they could afford a garage. Vail's employee housing inventory consists of approximately 729 deed -restricted units. These units, many of which were subject to size limitations, remain in high demand for local residents. These units house all different types of households, from single young service workers to dual -income families with children. As these households grow and change, it is important that the units also have some flexibility to meet the changing needs. Without the ability for homeowners to improve their property, many may choose to move to locations where this flexibility exists, such as down -valley. The average home size at the end of 2017 was 2,571 sq. ft. In fact, the average home size in 1960 was close to 1,200 sq. ft., the current limitation for Type III EHUs. The conditions regarding employee housing size limitations have changed since the size limitation on Type III EHUs was adopted. It is now recognized that a variety of sizes and formats is beneficial, as it creates opportunities for different types of households to meet their housing needs within the Town of Vail. As indicated in this analysis, the proposed text amendment complies with this criterion and this analysis demonstrates how conditions have substantially changed since the adoption limitation of 1,200 sq. ft. on Type III EHUs and how this is no longer appropriate. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives Applicant Analysis: 10 As outlined above, the Town's development objectives have historically and continually recommended a diversity of housing types within the Town of Vail, providing opportunities for residents of all types. The proposed amendment allowing Type III EHUs to increase the maximum size from 1,200 sq. ft. to 2,500 sq. ft. creates a harmonious, convenient, and workable relationship among land use regulations consistent with municipal development objectives and is therefore consistent with this criterion. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment Applicant Analysis: Any other factors and criteria that the Planning and Environmental Commission and Town Council deem applicable will be addressed by the Applicant as they are identified. Conclusion It is clear that the Town's policies and goals support allowing larger EHUs and allowing the existing housing stock to be improved throughout the Town. Though a 2,500 sq. ft. limit is proposed, that is only due to the concern that the Town would not support removing the limitation entirely. The reality is that the maximum limitation could be removed which would allow more flexibility and likely produce more employee housing floor area within the Town. As long as an EHU is deed restricted, the size is immaterial. The market will ultimately decide the value of a deed restricted unit and the market will adjust accordingly. A variety of EHU sizes appeals to more potential residents, which creates a more sustainable community and is desirable to the Town. Diversity of housing choices is a benefit to the Town by having all types of local employees living in Town rather than moving down valley where more options may exist. 11 City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: August 27, 2018 PEC Results ATTACHMENTS: File Name Description Pec results 082718.pdf August 27, 2018 PEC Results 0 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 Ad #: 0000295948-01 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 8/24/2018 and that the last publication of said notice was dated 8/24/2018 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 8/24/2018. Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 8/24/2018. �1 Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 JEr 1 LYA�'i rt4L als�6 rebrarew RuaL�.D. ppTARY'[7:ldSfdOg938g' N'/ Cf,;SI�H %'%171lw4AtiGi15T9,2�' THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail wit hold a public nearing to accordance wnh section 12- 3-6, Vall Town Code, on September 10, 2018et 1:00 pm In the Town of Vali Municipal Building. A request f« a recanmendation to the Val Tow, Council to, a Pres«ibetl Regulations Amerefi—d pursuant to Section 12.3], Amendment, Val Tows Code, to am.d Section 12-13-4, Requlremems by Employee Housing Unit (EHU) Type, Vail Tow Code, to allow for an I--. in the maximum size of a Type III Employee Housing Unit. (PE018-0031) The applications and irdormation about the proopm- Is are available for public inspection duringg Mce hours at the Town of Vail Community Developmen Department, 75 South Frontage Road. The public Is roared to atrend she Nsho. PleaseII 9]64]9 2138 or visit www.vailg—comlplanning f« additiom of ion«motion. Sig language inteRxshed' available upon request with 24-hour nodfication, dial 711. Published August 24, 2018 in the Val Daily. 0000295948 Ad #: 0000303279-01 TOWN OF VAIL Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM PLANNING AND ENVIRONMENTAL COMMIS - SfON Your account number is: 1023233 September 10, 2018, 1:00 PM Town C—oll 75 S. Fooni Road mVeiil, Colorado, 81 Wl' PROOF OF PUBLICATION 1. cold. Order 2.Main Agenda VAIL DAILY z1. Arequesilot ,recommantldionto the Vail Town Council for a Prescribed Regulations STATE OF COLORADO Amendment pursuant to Secdon 12-3-7, Amend - ant, Vail Tmn Ccde, to amend Section 12-131, COUNTY OF EAGLE nnn (EHU) Requirements by Emdoyeto a Housig U me m'.am�rrn ie ofea, Ty",, III Employees Housing Unit (PEC18-0031) 75 min_ I, Mark Wurzer, do solemnly swear that I am Publisher of Applicant: Mauriello Planning Group Planner: Chris Neub.Lr the VAIL DAILY, that the same daily newspaper printed, in 3. Approval of Minutes AulI-27,2018 PEC Results whole or in part and published in the County of Eagle, a. Adjournment State of Colorado, and has a general circulation therein; Tina arapplications allable for pub cinspection du ng egu �r that said newspaper has been published continuously and Woo hours at the Town of Van Community Devel- opment Department, 75 South Fmmage R, d. The uninterruptedly in said County of Eagle fora period of pudic is invited to anand the project orientation and lheain the opment more than fifty-two consecutive weeks next prior to the Town of Van Comm unity Develrecadelhe Depatment. Times and order of nems are approximate, sublea to change, and cannot be relied upon to determine first publication of the annexed legal notice or an what nme the Planning and Emimn—tral Com - glesion eeaalronalln celV,t advertisement and that said newspaper has published the 10 rmeNm.rMeese for signitin quageint,Mre,atim48hourpriorm requested legal notice and advertisement as requested. Co munity Development Department Published in the Vail Daily September 7, 2018 0000303279 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 9/7/2018 and that the last publication of said notice was dated 9/7/2018 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 9/7/2018. Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 9/7/2018. �1 Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 JEr 1 LYA�'i rt4L als�6 rebrarev;pum�.D. iGFF-:7F Lgf,{14P00 ppTARY'[7:ldS8k6g938A' N'/ CG'ti�;SIDN %'%c71lw4AIiGi15P9,2�'