HomeMy WebLinkAbout2020-07-13 PEC0 PLANNING AND ENVIRONMENTAL COMMISSION
TOW?J OF ffl July 13, 2020, 1:00 PM
Town Council Chambers & Virtual
75 S. Frontage Road -Vail, Colorado, 81657
Call to Order
1. 1. Attendance
Present: Ludwig Kurz, Rollie Kjesbo, Brian Gillette, Karen Perez
Absent: John -Ryan Lockman, Pete Seibert, Henry Pratt
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Main Agenda
2.1. A request for the review of a variance from Section 12-6D-8, Density
Control, Vail Town Code, to allow for a variance to the requirement that a
secondary unit in the Two -Family Primary/Secondary Residential zone
district not exceed 40% of allowable site GRFA, in accordance with the
provisions of Section 12-17, Variances, Vail Town Code, located at 775
Potato Patch Drive/Lot 19, Block 1, Vail Potato Patch Filing 1, and setting
forth details in regard thereto. (PEC19-0050)
Applicant: Scott Ryan & Foster Gillett, represented by Mauriello Planning
Group
Planner: Erik Gates
Planner Gates gives a presentation on the application, going over the
variance requested, the previous meeting when this application was heard,
and the staff recommendation.
Kjesbo asks about the original development of the home when it comes to
which was the primary or secondary unit.
Gates responded affirmatively that the East unit was the primary when
developed.
Gillette asks for clarification on GRFA and how it is being divided between
the units. Asks for some history of the changes in the code that led to the
current situation.
Gates responds with some of the history and how it affected the home in
question.
Perez adds that a full understanding of the inequity is needed.
Dominic Mauriello, the applicant representative, goes over a presentation on
20 min.
the application
Gillette asks as to whether the property is double dipping by getting this
variance.
Maruiello says that the lot would not be double dipping, simply asking for the
currently allowed amount of GRFA to be used by either side.
Perez summarizes that this would be taking away the primary/secondary
part of this zoning.
Mauriello explains that this would not be a special privilege because what is
there today is an unintended consequence of that amendment.
Kjesbo asks if the west unit got the deduction for the basement.
Mauriello says that yes, it is the lower basement, so it got the deduction.
Because of this it got less GRFA and added to the inequity.
Kjesbo says the basement issue for duplexes was originally thought about in
the 2004 code, and nothing was different when this section was clarified in
2016.
Gillette says he is having a hard time finding the inequity in the current
situation.
Mauriello brings the conversation back to the intent of the 2004 change
Gillette says that they already took advantage of the pre code change
credits. Creating nonconformities happens and the other side got more
GRFA than they would have otherwise would have been allowed.
Perez says the whole point was to have consistency and you are asking us
to not have consistency. If we do this for one based on this situation then
we'd have to do it for everyone.
Gillette says that the 2016 basement clarification was always enforced and
that the clarification was solidified at that point.
Mauriello restates his argument that one of the units got shorted out of
GRFA with the change when it was approved.
Gillette says the original intent of the 40/60 was to have the smaller side be a
caretaker unit and not a smaller side of the duplex
No public comment at this time. Ludwig closes the public comment. No final
comments from staff or applicant.
Final discussion from commissioners:
Gillette asks for clarity from staff on recommendation.
Gates responds that it was based on loss of any development potential as a
direct result of code change, but believes that PEC is valid in their viewpoint
of preserving the 60/40 split.
Gillette asks for clarification on if double dipping or not
Gates said it does not seem like double dipping, there is development left.
They would not be getting anything additional.
Rollie Kjesbo moved to deny. Karen Perez seconded the motion and it
passed (4-0).
Absent: (3) Lockman, Pratt, Seibert
2.2. A request for a recommendation to the Vail Town Council for a prescribed 90 min.
regulation amendment pursuant to Section 12-3-7 Amendment, Vail Town
Code to amend Section 12-10 Off Street Parking and Loading, Vail Town
Code, to refine the appropriate sections to allow for a comprehensive
approach to meeting the minimum parking requirements, including clarifying
the review process and other considerations, and setting forth details in
regard thereto. (PEC20-0007)
Applicant: Braun Associates, Inc.
Planner: Greg Roy
Planner Roy began by describing how this amendment was brought up in
the first place. I n the last meeting a few options were discussed for parking
solutions for developments with additions that cannot add new parking. The
first time this issue was brought up, the PEC recommended a more
comprehensive approach to fixing parking standards. The current proposed
changes include: increasing the distance that would qualify for off-site
parking, combine the pay -in -lieu parking zone with the core parking area
map, expand what the current parking fund can be used for, and create a
secondary pay -in -lieu zone that would focus on zones with more of a mix of
vehicular and pedestrian access.
Tom Braun spoke about the previous meetings related to this parking issue
which was to provide and outlet for properties in Lionshead and vail village
that are outside the defined pay -in -lieu parking area. Braun then showed the
current pay -in -lieu map. Properties within the pay -in -lieu zones can only
pay into this fee to provide for their parking. Trying to find some relief for
properties that also cannot build more parking for additions but are not within
this defined zone. Braun then identified additional properties that could be a
part of the pay -in -lieu based on their adjacency to pedestrian only areas.
Braun described this as the foundation for the current code changes.
Current code allows any property outside the pay -in -lieu zone to apply for
the pay -in -lieu option to the PEC. Felt this is problematic and too broad.
Braun then showed a map of the proposed secondary pay -in -lieu zone,
which would be a zone allowed to ask the PEC to use the pay -in -lieu fund.
Braun then listed some parameters for this request. Additions to existing
properties should be considered for the pay -in -lieu. Demo/rebuilds should
have access to provide new parking so they would not qualify. This should
not be used as a way to eliminate existing parking to provide more
development area. Applicants for this secondary district must provide
evidence for the need to utilize the pay -in -lieu.
This proposal also would allow the pay -in -lieu funds to be used for multi-
modal transportation improvements.
Currently commercial uses in the pay -in -lieu zone are not required to
provide parking or funds. This proposal would define lodge rooms as
commercial uses. If the town would waive the fee for restaurants and other
commercial uses, why would it not waive it for lodging as well?
Braun discussed a study of uses in this zone and their would-be parking
requirements. Found that the town provided parking that would be utilized by
these uses only accounts for about 40% of the available public parking. Most
of the parking issue within the town is from day-trippers to the town.
In addressing concerns related these changes overcrowding existing
parking structures, Braun stated that most projects within the core area have
been additions. These have been very small additions and are unlikely to
result in a large influx of parking need.
In addressing why lodges should be considered exempt, Braun stated that
again the additions historically and in the future, based on current build out,
are very small.
Commissioner Gillette: Asked if the town had seen any benefit from
exempting retail and restaurants.
Braun: Thinks that the town has seen benefit from this incentive. I n
discussing the load on the parking garages, thought the impact would be
small and that the Town should be prioritizing those who are spending an
extended period of time in Vail rather than day -trips from the front range.
Braun ended his presentation by saying that if no change is made then you
will likely see very little development investment in the core areas outside the
pay -in -lieu area due to the burden of parking.
Chairman Kurz: One concern the PEC had in April was about the length of
the lease for parking spaces. Why was that not addressed in this proposal.
Braun: We saw some language in the code that we felt needed to be fixed
and wanted to address these issues first. The town still has control over what
terms it wants to see in these leases.
Gillette: When this was first being discussed, there was a property that could
not build its third parking level for groundwater reasons. The PEC let them
use pay -in -lieu, but with this proposal that would not be allowed because that
property was a demo/rebuild. Wants to look more into the need to exempt
lodges and retail. Also wants to know why the fee only accounts for 1/3rd of
a parking spot. Thinks the fee should be equivalent to the cost of a parking
space. Wants to know the benefit the town gets and the benefit the town is
providing in more detail.
Braun: In clarifying the situation for the development in need of pay -in -lieu,
they were granted a onetime use of the pay -in -lieu.
Gillette: But we still wouldn't have been able to grant that under these new
regulations correct?
Roy: Believes we could allow for that sort of thing through a variance
process.
Perez: Wants staff to confirm that this is an option. Worried about opening
the flood gates for this sort of variance. Worried about writing ourselves out
of a solution avenue.
Gillette: Still has an issue with exempting certain uses. If they cannot provide
an additional parking space then they should have the option to request use
of pay -in -lieu at the least.
Braun: We developed these changes based on the purpose of the existing
parking regulations. There is still a special exemption through the PEC that
could still be allowed for properties outside the Vail core.
Gillette: Wants something addressing variance language. Wants no
exemptions on any property, Council can change this if they want to. Wants
to set the pay -in -lieu fee at the cost of a parking space
Braun: Offered a cost -benefit analysis to support for the current fee price
and for the exemption of lodge units.
Gillette: That would help.
Perez: Wants to go through the changes section by section.
Kjesbo: In favor of expanding the pay -in -lieu zone. Also wants to increase
the fee in conjunction. Thinks there still needs to be a pay -in -lieu or parking
requirement for lodge units.
Perez: Agrees with Gillette and Kjesbo. Asked for clarification on certain
proposed changes. Wanted clarification on why a section related to loading
requirements was removed.
Braun: We intended to remove all references to loading requirements in the
parking requirements.
Perez: But loading is still a part of parking, so loading needs to be
addressed as well.
Braun: Could not find a reason for including reference to loading in these
sections.
Perez: Concerned about why there was a section making reference to the
fee without referencing when the fee is due.
Spence: We generally do not include due dates for fees within the code
because this is an administrative function. We require these fees at the
building permit.
Perez: Questions the need to remove PEC purview related to where off-site
parking will be located. The changes would have the PEC just look to see if
the proposed parking is within a quarter mile with no flexibility or digression
in their review.
Kurz: Also feels that the pay -in -lieu should reflect the cost of a parking
space rather than simply a number picked out of the blue. Asked the
applicant and staff come up with some compromises to address the PEC
comments.
Gillette: Could see future staff reading these changes and determining that
pay -in -lieu is not available to anyone outside of the core of Vail, even with
PEC review. This should not be the intent.
Public Comment
Dominic Mauriello: Thankful that these old code sections are being looked
at. Had a question about the distance required for off-site parking. Felt that
the quarter -mile language was more applicable for discussing the walkability
of Vail Village in ski boots. Thinks that this distance should be more flexible
due to the presence of free shuttles and ability for developments to provide
shuttles to off-site parking. Also had a concern about the barring of
demo/rebuilds for the pay -in -lieu area. Felt that requiring the fee be equal to
a parking space would hamper development. Small additions could generate
hundreds of thousands in revenue but would have a hard time being built if
they had to provide the full up -front cost of a parking spot.
Gillette: This is why a cost -benefit analysis would be helpful.
Braun: Requested a tabling.
Rollie Kjesbo moved to table to July 27, 2020. Brian Gillette seconded the
motion and it passed (4-0).
Absent: (3) Lockman, Pratt, Seibert
3. Approval of Minutes
3.1. June 22, 2020 PEC Results
Rollie Kjesbo moved to approve. Brian Gillette seconded the motion and it
passed (4-0).
Absent: (3) Lockman, Pratt, Seibert
4. 1 nformational Update
4.1. West Vail Master Plan Update
Applicant:
Planner: Matt Gennett
Gennett gives an update of the process the West Vail Master Plan
Committee has been up to at this point. Provides dates and efforts planned
for future meetings, deadlines, projects, reports, outreach, and focus
groups. A short run-through of the EngageVail website was done.
Absent: (3) Lockman, Pratt, Seibert
5. Adjournment
Rollie Kjesbo moved to adjourn. Karen Perez seconded the motion and it
passed (4-0).
Absent: (3) Lockman, Pratt, Seibert
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:
ITEM/TOPIC:
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City of Vail, Colorado Logo
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: July 13, 2020
ITEM/TOPIC:
A request for the review of a variance from Section 12-6D-8, Density Control, Vail Town Code, to allow for a variance to the
requirement that a secondary unit in the Two -Family Primary/Secondary Residential zone district not exceed 40% of allowable site
GRFA, in accordance with the provisions of Section 12-17, Variances, Vail Town Code, located at 775 Potato Patch Drive/Lot 19,
Block 1, Vail Potato Patch Filing 1, and setting forth details in regard thereto. (PEC19-0050)
ATTACHMENTS:
File Name Description
[Staff Memoranduml PEC19-0050 7.13.20.pdf Staff Memorandum PEC19-0050
[Attachment Al PEC19-0050 Vicinity Map.pdf [Attachment A] Vicinity Map
[Attachment Bl Gillett Variance Narrative 11-11-19.pdf [Attachment B] Applicant's Narrative
TOWN OF
VAlL �
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: July 13, 2020
SUBJECT: A request for the review of a variance from Section 12-6D-8, Density Control,
Vail Town Code, to allow for a variance to the requirement that a secondary
unit in the Two -Family Primary/Secondary Residential zone district not
exceed 40% of allowable site GRFA, in accordance with the provisions of
Section 12-17, Variances, Vail Town Code, located at 775 Potato Patch
Drive/Lot 19, Block 1, Vail Potato Patch Filing 1, and setting forth details in
regard thereto. (PEC19-0050)
Applicant: Scott Ryan & Foster Gillett, represented by Mauriello Planning
Group
Planner: Erik Gates
I. SUMMARY
The applicants, Scott Ryan & Foster Gillett, represented by Mauriello Planning Group,
are requesting a review of a variance from Section 12-6D-8, Density Control, Vail Town
Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for relief
from the requirement that a secondary unit in the Two -Family Primary/Secondary
Residential zone district not exceed 40% of allowable site GRFA. Based upon Staff's
review of the criteria outlined in Section VII of this memorandum and the evidence and
testimony presented, the Community Development Department recommends approval
of this application item, subject to the findings noted in Section VIII of this
memorandum.
II. DESCRIPTION OF REQUEST
The applicants, Scott Ryan & Foster Gillett, represented by Mauriello Planning Group,
are requesting a variance from Section 12-6D-8, Density Control, Vail Town Code,
pursuant to Title 12 Chapter 17, Variances, Vail Town Code. This variance would allow
the secondary unit to use greater than 40% of the allowable GRFA for the lot. The
subject property is located within the Two -Family Primary/Secondary Residential (PS)
zone district and was first developed with a duplex structure in 1986. A number of
additions to this duplex were legally approved throughout the 1990s to bring the
property to its current state. After these additions, the East unit had at least 137 sq. ft.
of GRFA remaining while the West unit appears to have nearly reached its maximum
development potential in regard to GRFA. Following subsequent code amendments
related to the way Vail calculates GRFA in 2005, the East unit is allowed an additional
617 sq. ft. of GRFA, while the West unit is now out of compliance with regard to GRFA
and considered legally non -conforming. The goal of these variances is to restore any
development potential lost as a result of previous code changes, and to bring the West
unit into compliance with the Town Code.
The approval of a variance related to the 40% GRFA limit for a secondary unit would
result in 617 sq. ft. of GRFA available for both sides to pull from.
A vicinity map (Attachment A) and the applicants' narrative (Attachment B) are attached
for review.
III. BACKGROUND
In 1986, the duplex in question was approved and built to code. At this time, the 40%
secondary unit GRFA restriction was in place, and the East unit was considered the
primary unit as it was the larger of the two.
Through the 1990s, several additions were made to this property. These additions made
use of the 425 sq. ft. allowance, 250 ordinance allowance, and interior conversions that
were available for this zone district at the time. As a result of these additions, both units
ended up close, but not over their maximum allowed GRFA at the time. The East unit
remained as the primary unit at the end of the 90s.
In 2005 the Town of Vail significantly altered the way it measures GRFA. Of note, the
425 sq. ft. allowance, 250 ordinance, and interior conversions were no longer available
for the PS zone district. To offset this, the Town altered its GRFA calculation to
incorporate the 250 sq. ft. and 425 sq. ft. allowances. The basement GRFA deduction
was also codified at this time with the rational that basement floor area does not
significantly contribute to a structure's bulk and mass.
As a result of these code changes from 2004 to today, the East unit has 617 sq. ft. of
GRFA available while the West unit exceeds its maximum allowable GRFA by 237.4
sq. ft.
IV. APPLICABLE PLANNING DOCUMENTS
Staff believes that following provisions of the Vail Land Use Plan and the Vail Town
Code are relevant to the review of this proposal:
Vail Land Use Plan (in part)
CHAPTER 11: LAND USE PLAN GOALS / POLICIES (in part)
The goals articulated here reflect the desires of the citizenry as expressed through the
series of public meetings that were held throughout the project. A set of initial goals
were developed which were then substantially revised after different types of opinions
were brought out in the second meeting. The goal statements were developed to reflect
a general consensus once the public had had the opportunity to reflect on the concepts
and ideas initially presented. The goal statements were then revised through the review
process with the Task Force, the Planning and Environmental Commission and Town
Council and now represent policy guidelines in the review process for new development
proposals. These goal statements should be used in conjunction with the adopted Land
Use Plan map, in the evaluation of any development proposal.
The goal statements which are reflected in the design of the proposed Plan are as
follows:
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
5.1. Additional residential growth should continue to occur primarily in existing,
platted areas and as appropriate in new areas where high hazards do not exist.
5.4. Residential growth should keep pace with the market place demands for a full
range of housing types.
Vail Town Code
12-1-2: PURPOSE: (in part)
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.-
5.
urposes:
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.
11. To otherwise provide for the growth of an orderly and viable community.
12-6D-8: DENSITY CONTROL: (in part)
B. Gross Residential Floor Area.-
The
rea:
The following gross residential floor area (GRFA) shall be permitted on each
site.-
a.
ite:
a. Not more than forty six (46) square feet of gross residential floor area
(GRFA) for each one hundred (100) square feet of the first ten thousand
(10, 000) square feet of site area, plus
b. Thirty eight (38) square feet of gross residential floor area (GRFA) for
each one hundred (100) square feet of site area over ten thousand
(10, 000) square feet, not exceeding fifteen thousand (15, 000) square feet
of site area, plus
c. Thirteen (13) square feet of gross residential floor area (GRFA) for each
one hundred (100) square feet of site area over fifteen thousand (15,000)
square feet, not exceeding thirty thousand (30, 000) square feet of site
area, plus
d. Six (6) square feet of gross residential floor area (GRFA) for each one
hundred (100) square feet of site area in excess of thirty thousand
(30, 000) square feet.
2. The secondary unit shall not exceed forty percent (40%) of the allowable gross
residential floor area (GRFA).
12-17-1: PURPOSE:
A. Reasons For Seeking Variance: In order to prevent or to lessen such practical
difficulties and unnecessary physical hardships inconsistent with the objectives of this
title as would result from strict or literal interpretation and enforcement, variances
from certain regulations may be granted. A practical difficulty or unnecessary physical
hardship may result from the size, shape, or dimensions of a site or the location of
existing structures thereon, from topographic or physical conditions on the site or in
the immediate vicinity; or from other physical limitations, street locations or conditions
in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal
compliance with a regulation shall not be a reason for granting a variance.
B. Development Standards Excepted: Variances may be granted only with respect to
the development standards prescribed for each zone district, including lot area and
site dimensions, setbacks, distances between buildings, height, density control,
building bulk control, site coverage, usable open space, landscaping and site
development, and parking and loading requirements, or with respect to the provisions
of chapter 11 of this title, governing physical development on a site.
C. Use Regulations Not Affected: The power to grant variances does not extend to the
use regulations prescribed for each zone district because the flexibility necessary to
avoid results inconsistent with the objectives of this title is provided by chapter 16,
"Conditional Use Permits", and by section 12-3-7, "Amendment", of this title.
12-17-6: CRITERIA AND FINDINGS: (in part)
A. Factors Enumerated: Before acting on a variance application, the planning and
environmental commission shall consider the following factors with respect to the
requested variance.-
1.
ariance:
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
2. The degree to which relief from the strict or literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility and
uniformity of treatment among sites in the vicinity, or to attain the objectives of
this title without grant of special privilege.
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public
safety.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
B. Necessary Findings: The planning and environmental commission shall make the
following findings before granting a variance:
V.
UI
1. That the granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same
zone district.
2. That the granting of the variance will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the
vicinity.
3. That the variance is warranted for one or more of the following reasons.-
a.
easons:
a. The strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of this title.
c. The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the
owners of other properties in the same zone district.
SITE ANALYSIS
Address:
Legal Description:
Lot Area:
Zoning:
Land Use Designation
Current Land Use:
Geological Hazards:
775 Potato Patch Dr.
Block 1 Lot 19, Vail Potato Patch
0.494 acres / (21,532 sq. ft.)
Two -Family Primary/Secondary Residential
Low Density Residential
Duplex Residential
None
SURROUNDING LAND USES AND ZONING
Existing Use Zoning District
North: Residential Two -Family Primary/Secondary Residential
South: Residential Two -Family Primary/Secondary Residential
East: USFS None
West: Open Space Agricultural and Open Space
VII. REVIEW CRITERIA
The review criteria for a variance request are prescribed in Chapter 12-17, Variances,
Vail Town Code.
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
Granting the variance related to the 40% GRFA limit on secondary units will not result
in any more GRFA than a strict interpretation of the code currently allows. This
variance simply makes GRFA currently available only to the East unit available to the
West unit as well.
The variance may help facilitate additional bulk and mass from what currently exists,
but should not significantly impact the uses, structures, or views of surrounding
properties.
Staff finds that the proposal meets this criterion.
2. The degree to which relief from the strict and literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility and
uniformity of treatment among sites in the vicinity or to attain the objectives of
this title without a grant of special privilege.
It is clear from the development history of this property that the code changes related
to the measurement of GRFA have created a nonconformity on this property. While
this nonconformity is legal and will not prevent development on the East unit, from
reviewing PEC minutes during the 2004 GRFA code change hearings it is evident the
Commission wanted to avoid the creation of non -conformities from these changes.
The degree to which the West unit is out of compliance is rather small (less than 250
sq. ft.). As such, Staff finds that the variance related to the 40% GRFA limit for a
secondary unit is appropriate. This is because this variance would maintain the
development potential currently and historically available to the East unit, while
bringing the West unit into compliance, all while not granting additional GRFA to the
property as a whole.
Staff finds that the proposal meets this criterion.
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
The proposed variance will not result in additional dwelling units or additional traffic to
this property. As such, there are no anticipated effects on light and air, population,
transportation and traffic, or any other public services.
Therefore, Staff finds that the proposal meets this criterion.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends approval for a variance from
Section 12-6D-8, Density Control, Vail Town Code, to allow for a variance to the
requirement that a secondary unit in the Two -Family Primary/Secondary Residential
zone district not exceed 40% of allowable site GRFA, located at 775 Potato Patch Dr.,
Block 1 Lot 19, Vail Potato Patch, and setting forth details in regard thereto. This
recommendation is based upon the review of the criteria outlined in Section VII of this
memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission pass
the following motion:
"The Planning and Environmental Commission approves the applicant's request for the
review of a variance from Section 12-6D-8, Density Control, Vail Town Code, to allow
for a variance to the requirement that a secondary unit in the Two -Family
Primary/Secondary Residential zone district not exceed 40% of allowable site GRFA,
located at 775 Potato Patch Dr., Block 1 Lot 19, Vail Potato Patch, and setting forth
details in regard thereto. (PEC19-0050)."
Findings
Should the Planning and Environmental Commission choose to approve either/both
variance requests, the Community Development Department recommends the
Commission makes the following findings:
"Based upon a review of Section Vll of the July 13, 2020 staff memorandum to the
Planning and Environmental Commission, and the evidence and testimony presented,
the Planning and Environmental Commission finds.-
1.
inds:
1. The granting of this variance will not constitute a granting of special privilege
inconsistent with the limitations on other properties classified in the same
zone district.
2. The granting of this variance will not be detrimental to the public health, safety,
or welfare, or materially injurious to properties or improvements in the vicinity.
3. This variance is warranted for the following reasons.-
a.
easons:
a. The strict literal interpretation or enforcement of the specified regulation
will result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of Title 12, Zoning Regulations, Vail
Town Code.
c. The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the
owners of other properties in the same zone district.
IX. ATTACHMENTS
A. Vicinity Map
B. Applicant's Narrative
Gillett Residence
60-40 Split &
Basement Credit Variance
Date Submitted: November 11, 2019
u
Mauriello Planning Group
Introduction
The owners of the units at 775 Potato Patch
in Vail are requesting variances from the
60-40 GRFA split of the Primary/Secondary
Zone District (Section 12-6D-8: Density
Control), and the requirement that
basement credit is only given if the lowest
level of each unit is within 6 ft. of each
other (Section 12-15-3: Definition,
Calculation, and Exclusions).
The variances are requested due to the
GRFA amendments which have modified
the calculation of GRFA and which have
impacted this property negatively with
regard to development potential.
775 Potato Patch - east unit. The basement space was created via the
Foster Gillett owns the west unit which has Interior Conversion process. This space was not counted as GRFA when
recently been called the secondary unit approved. Now, under current regulations, the entirety of this basement
(nothing formally designates the Gillett unit space is counted as GRFA, because the finished floor elevation is 8 ft.
above the finished floor elevation of the western unit
as the secondary unit) at 775 Potato Patch.
The unit is non -conforming with the
requirement that the secondary unit not exceed 40% of the allowable GRFA for the property. The
secondary unit is 43.23% of the allowable GRFA. As a result, there is no remaining development
potential for the unit. In this case, the GRFA modifications that have occurred over the years rendered
the unit non -conforming and eliminated any future development potential from the secondary unit.
Furthermore, the current limitation that basements are deducted from GRFA only if the lowest level of
the duplex is within 6 vertical feet of the lowest level of the adjacent duplex unit created a hardship on
this property. The existing basements are within 8 vertical feet of each other, and therefore only the
West unit is allowed to take the deduction. Both of the basements were legally constructed through
the Interior Conversion provision of the code, and which exempted the conversion of crawl space to
livable area from GRFA calculations. The Interior Conversion provision of the Code was eliminated for
PS zoned properties in 2004 when the entire GRFA chapter was rewritten. The current method of
counting the basement, adopted in 2016, on the East unit effectively eliminates available GRFA
potential from the property.
The owners are requesting these variances to allow for fair treatment of properties under the current
GRFA calculations. In this instance, the West unit is being considered the Secondary Unit, though there
is nothing in the code that prescribes which unit gets Primary unit Status vs. Secondary unit Status. As
such, the current regulations render the West unit non -conforming and eliminated all opportunities for
additional development. This is unique to the West unit and created an unfair hardship, depriving the
owner of development potential that all other units in the Primary/Secondary zone district are allowed.
Furthermore, the East unit is prevented from deducting the basement space from GRFA because of
the2016 GRFA chapter rewrite.
2
This variance request is unique in that there is not a development plan associated with the proposed
variance. This is because there is no immediate plan to add onto the West unit. The owner of the East
unit has been pursuing an addition which
would utilize the limited GRFA remaining
s,
on the property. In their design process, it
was discovered that though the site has
available GRFA due to various code
changes, only the primary side has the
ability to use the available GRFA because
�r. = _=
the secondary side was rendered non-
— -
conforming with the 60-40 split
requirements. In addition, due to the
language on the basement deduction, only
the West unit gets credit for the below-
grade basement area because its
basement is 8 ft. lower than the basement
of the East unit. The granting of this
variance would allow the owners of both
halves of the duplex to split the available
775 Potato Patch - west unit. The basement space was created via the
GRFA based on their own agreements on
Interior Conversion process. This space was not counted as GRFA when
the use of GRFA.
approved. Now, under current regulations, 87% (or 977 sq. ft.) of this
basement is deducted from GRFA.
The following section provides an overall
GRFA analysis for 775 Potato Patch, indicating how the changes to the GRFA calculation have negatively
impacted 775 Potato Patch.
3
GRFA Analysis
Permissible GRFA for a residents is based on the zone district for that property. In the case of 775
Potato Patch, the Town has made several changes to the GRFA allowances for the PS zone district. One
of the keys in establishing total GRFA and allowable GRFA for each unit is based on establishing the
Primary unit versus the Secondary unit. However, the code does not define Primary or Secondary. It
simply states that the Secondary Unit shall not exceed 40% of the allowable GRFA for the entire lot.
The issue with the 60/40 split applied to this property is that the designation of Primary/Secondary
based on the size of the units has changed. In 2004, the West side would have been considered the
Primary unit based on size, whereas in 2016 the East side would be considered the Primary unit based
on size. This back and forth works counter to the intents and purposes of land use planning. Zoning
regulations would change over time, causing properties to become non -conforming without any
material changes to the property. This is a dangerous precedent, and one that should be avoided.
The Town never really analyzed the effects of the GRFA changes on the 60/40 status within the PS
zoned neighborhoods.
Current GRFA Analysis (2018)
775 Potato Patch is zoned Two -Family Primary/Secondary (PS), just as all of the other single-family and
duplex homes in the Potato Patch neighborhood. The total lot area is 21,531.71 sq. ft. GRFA in the PS
zone district for the entire lot as follows:
46% of the first 10,000 sq. ft. of lot area
38% of the next 5,000 sq. ft. of lot area
13% of the next 15,000 sq. ft. of lot area
6% of lot area in excess of 30,000 sq. ft.
It then further limits the "secondary" side to no more than 40% of the total allowable GRFA, which
allows the primary side to have 60% of the total allowable GRFA. The following is the allowable GRFA
for 775 Potato Patch:
Primary: 4,409 sq. ft. (60% of total allowable)
Secondary: 2,939 sq. ft. (40% of total allowable)
Total: 7,349 sq. ft.
The following provides the existing GRFA calculations for 775 Potato Patch:
East (Ryan): 3,555 sq. ft. (48.37% of total allowable)
West (Gillett): 3,177 sq. ft. (43.23% of total allowable)
Total: 6,732 sq. ft. (617 sq. ft. unused GRFA remaining)
Historical GRFA Analysis
I. 1990s GRFA Analysis
When the home was originally constructed, and when subsequent additions were done in the
late -1990s, GRFA was calculated differently. The calculation was as follows:
4
25% for the first 15,000 sq. ft. of lot area
10% got the next 15,000 sq. ft. of lot area
5% of lot area in excess of 30,000 sq. ft.
Primary: 2,641.80 sq. ft. (60% of total allowable)
Secondary: 1,761.20 sq. ft. (40% of total allowable)
Total GRFA (before credits): 4,403 sq. ft
The secondary unit was limited to up to 40% of this calculation before any other credits were applied.
In addition to the calculation above, each unit was allocated an additional 425 sq. ft. of GRFA. After the
application of the 425 sq. ft. credit to each unit, the allowable GRFA looks like this:
Primary: 3,066.80 sq. ft. (58.4% of total allowable)
Secondary: 2,186.20 sq. ft. (41.6% of total allowable)
Total GRFA (425): 5,253 sq. ft. (4,403 + 850)
You will note that at this point the allowable GRFA for the secondary unit exceeds 40%.
Per the code, if a unit was an older unit, each unit was then also allowed an additional 250 sq. ft., called
a "250 addition." Both of the units took advantage of a 250 on this property. When you add in the 250
additions the allowable GRFA looks like this:
Primary: 3,316.80 sq. ft. (57.7% of total allowable)
Secondary: 2,436.20 sq. ft. (42.3% of total allowable)
Total GRFA (425 & 250): 5,753 sq. ft. (4,403 + 850 + 500)
In addition, the Town permitted "Interior Conversions" which allowed owners to use existing space,
such as unfinished crawl spaces or attics, to be converted to livable area above the allowable GRFA.
Interior conversions were not limited in the amount of GRFA that could be used. Nor were interior
conversions subject to the 40-60 split as applied by the Town.
When built, both units were very similar in size. Based on the Town's files, after some "250 additions"
and "interior conversions" in the 1990s, the GRFA for each unit was constructed as follows:
West Unit: 3,070 sq. ft. (49% of existing GRFA and 53% of total allowable)
East unit: 3,180 sq. ft. (51% of existing GRFA and 55% of total allowable)
Total: 6,250 sq. ft. (5,753 sq. ft. allowable GRFA)
Though it appears that the units exceeded the allowable GRFA at the time, all the additions were legally
done, approved by the Town of Vail, and were permitted by the Zoning Code of the time. The units
were allowed to be nearly a 50/50 split on GRFA.
II. 2004 GRFA Modifications
In 2004, the Town undertook a massive overhaul of the GRFA regulations in all residential zone districts.
The GRFA calculations were modified to increase the allowable GRFA for PS zoned sites. With the
amendments, "250 additions" and "interior conversions" were no longer permitted in the PS zone
5
district. The thought was that the calculation would be increased to such a level that they were no
longer needed. However, when the Town revised the GRFA in 2004, many secondary units which had
legally constructed the 425 sq. ft. credit, a "250 addition" and an "interior conversion" were then
rendered non -conforming with regard to the 60-40 split. This was despite the fact that these secondary
units had been conforming and had been previously approved by the Town of Vail, but were now
rendered non -conforming though they made no material changes to their properties. The non-
conforming status was a result in a change of the code and causes a major infringement on the rights of
the homeowner.
In 2004, the modifications to the calculation of GRFA also changed how GRFA was measured, including
measuring to the outside of walls (previously to the interior wall surface) and counting vaulted spaces
above 16 ft.in height as floor area. The biggest impact to 775 Potato Patch had to do with the
calculation of basement space. The goal at the time was to exempt underground space from the GRFA
calculation, recognizing that it did not impact bulk and mass of a structure. The following is the 2005
methodology for the basement exemption:
Basements: On the lowest level of a structure, the total percentage of exterior wall surfaces
unexposed and below existing or finished grade, whichever is more restrictive, shall be the
percentage of the horizontal area of the lowest level deducted from the GRFA calculations. The
percentage deduction calculations shall be rounded to nearest whole percent. The lowest level's
exterior wall surface area shall be measured from the finished floor elevation of that level to the
underside of the structural floor members of the floor/ceiling assembly above. For the purposes
of these calculations, retaining walls and site walls shall not be considered part of the lowest
level's exterior walls.
The following provides an analysis of the GRFA for 775 Potato Patch based on how the basement
deduction was calculated in 2004:
GRFA Analysis by Level with 2004 Basement Deduction
GRFA Split on Allowable 1 43.23% 1 39.70%
Remaining GRFA 1 1,232.011 21.50 1 1,254.51
Gillett - West Side `
Ryan - East Side
Total
Upper Level
1,588.00
11485.00
3,073.00
Main Level
1,355.00
1,170.00
2,525.00
Lowest Level
1,123.00
850.00
1,973.00
Basement Deduction
-977.01
-637.50
-1,614.51
Garage
688.00
650.00
1,338.00
Garage Deduction
-600.00
-600.00
-1,200.00
Total Existing GRFA
3,176.99
2,917.50
6,094.49
Total Allowable GRFA
4,409.00
2,939.00
7,349.00.
GRFA Split on Allowable 1 43.23% 1 39.70%
Remaining GRFA 1 1,232.011 21.50 1 1,254.51
As indicated in the above analysis, in this case, the West side was actually larger than the East side,
making it the primary unit rather than the secondary unit, in theory. When Gillett purchased the
property in 2005, the West unit was larger than the East Unit at 3,177 sq. ft. (52%) v. 2,917 sq. ft. (48%).
The East side complied with the 40% requirement, and the remaining available GRFA was available to
the West side. This basement credit definition allowed basement credit to be applied to each unit on
the property and applied to the lowest level within each unit regardless of the relationship of the floor
elevations of the two units (i.e., it was equitably applied). Available, unused, GRFA remaining would
have been approximately 1,250 sq. ft. in 2005.
III. 2016 Basement Amendment
In 2016, Town staff made a change to the basement deduction, adding (1) a requirement that the credit
is applied to the entire structure and no longer on a unit by unit basis and (2) adding in a requirement
that to get a basement deduction, the lowest levels of an entire structure have to be within 6 vertical
feet of each other. In other words, if one unit's basement level is greater than 6 ft. below that of the
other unit, then only the lowest unit gets the basement credit. This is particularly problematic if there
is any significant grade change across units, which is very common in the Town of Vail.
The following is the current method of measuring basement space:
Basements: On the lowest level of a structure, the total percentage of all exterior wall surfaces
of the structure as a whole (interior party walls are not considered exterior walls for the
purposes of this section) that are unexposed and below existing or finished grade, whichever is
more restrictive, shall be the percentage of the horizontal area of the lowest level deducted
from the GRFA calculations. The lowest level shall be the finished floor level with the lowest
USGS elevation, including all floor levels within six (6) vertical feet of the lowest level. A
multi -unit building shall be considered one structure. The percentage deduction calculations
shall be rounded to nearest whole percent. The lowest level exterior wall surface area shall be
measured from the finished floor elevation of that level to the underside of the structural floor
members of the floor/ceiling assembly above. For the purposes of these calculations, retaining
walls and site walls shall not be considered part of the lowest level exterior walls. The deduction
shall be applied to all horizontal areas on the lowest level of a structure, including garages and
employee housing units also deducted from the calculation of GRFA elsewhere in this title; but
the deduction does not apply to any crawl space or attic.
In this case, the change had a dramatic impact on the ability to take the basement deduction on the
East side (Ryan). While the West side (Gillett) is able to take advantage of the deduction, the East side
(Ryan) no longer has that ability, as the finished floor elevation of the West side (Gillett) basement
appears to be about 8 ft. below the finished floor elevation of the East side (Ryan) basement.
The following provides an analysis of the GRFA of 775 Potato Patch as current regulations require (no
basement deduction for the East side):
GRFA Analysis by Level 2016 Basement Deduction (none on East side)
Gillett - West Side
Upper Level 1,588.00
Main Level 1,355.00
Ryan - East Side
1,485.00
1,170.00
Total
3,073.0
:2,525:0d0
7
Gillett - West Side Ryan - East Side Total
Lowest Level 1,123.00 850.00 1,973.00
Basement Deduction -977.01 0.00 -977.01
Garage 688.00 650.00 1,338.00
Garage Deduction -600.00 -600.00 -1,200.00
Total Existing GRFA 3,176.99 3,555.00 6,731.99
GRFA Split on Allowable 43.23% 48.37%
Total Allowable GRFA 2,939 4,409 7,349
Difference from Existing -237.99 617.01 617.01
In this case, the East side (Ryan) is the larger unit and could therefore be considered primary unit.
However, by making this declaration, the West side (Gillett) does not comply with the 40% requirement
for a secondary unit, which makes it nonconforming. Available GRFA remaining is approximately 617
sq. ft., a significant reduction from what was allowed previously, before the basement definition was
amended.
Because these analyses are somewhat confusing, here is a current breakdown of the GRFA for 775
Potato Patch based on the changing regulations:
West Side West West Side East Side East Side East Side Total Total Complied
Allowed Side % of Allowed Existing % of Allowed Existing with Code
Existing Allowbale Allowable
1986-
2,186
2,186
47.0%
2,466
2,466
53.0%
4,652
4,652
YES
Original
Construction
1999-
2,011
3,070
53.4%
2,291
3,180
55.3%
5,753
6,250
YES
Additions to
Units
2004 - GRFA
2,939
3,177
43.2%
4,409
2,917
39.7%
7,349
6,094
YES - East
Amendments
side was
Secondary
2018 Current
2,939
3,177
43.2%
4,409
3,555
48.4%
7,349
6,732
NO
Code
Criteria for Review
Section 12-17-6: CRITERIA AND FINDINGS, of the Vail Town Code provides the criteria for review for a
variance. These criteria, along with an analysis, are provided below:
N
1. The relationship of the requested variance to other existing or potential uses and structures in
the vicinity.
Applicant Response:
60-40 Split Variance
The 60-40 split requirement has little impact on other existing or potential uses or structures in
the vicinity. In fact, the property has never truly had a 60-40 split of GRFA. Due to the way 425
credits were applied after the 60-40 split was calculated, when the structure was originally
constructed it did not have a 60-40 split of GRFA, as indicated below:
Primary: 3,066.80 sq. ft. (58.4% of total allowable)
Secondary: 2,186.20 sq. ft. (41.6% of total allowable)
Total GRFA: 5,253 sq. ft.
Futhermore, when both units constructed 250 additions and interior conversions in the 1990s,
the West side unit was significantly greater than 40% of the allowable GRFA for a secondary
unit.
East side: 3,180 sq. ft. (55.3% of total allowable)
West side: 3,070 sq. ft. (53.4% of total allowable)
Total GRFA: 6,250 sq. ft. (Total Allowable GRFA was 5,753 sq. ft. plus Interior
Conversion which was exempt from the calculation)
As indicated above, actual constructed GRFA for the property was much closer to a 50-50 split
and is a non -conformity created by the change in GRFA regulations. As a result, the variance
from the 60-40 split has no impact to other existing or potential uses and structures in the
vicinity.
Basement Deduction Variance
Both of the units used the Interior Conversion provision of the code to convert existing crawl
space into livable space. Interior Conversions were only permitted after the maximum
allowable GRFA at the time (1990s) was maxed out. It did not count towards GRFA and was not
subject to the 60-40 split. With the GRFA revisions of 2004, the reason presented for not
counting basements towards GRFA was that below grade space did not have an impact on the
bulk and mass of a structure and should not be subject to the GRFA limitations. The basement
area existed within the structure, whether or not it was counted towards GRFA. The east unit
could have dug the crawl space 2 ft. deeper in the 1990s, and the space would be deducted
from GRFA calculations today. It was only the 2016 creation of the rule that the lowest level had
to be within 6 ft. that created a situation where this space now counts as GRFA. As a result,
there is no impact to other existing uses or structures in the vicinity.
2. The degree to which relief from the strict or literal interpretation and enforcement of a
specified regulation is necessary to achieve compatibility and uniformity of treatment among
sites in the vicinity, or to attain the objectives of this title without grant of special privilege.
Applicant Response:
9
60-40 Split Variance
The duplex at 775 Potato Patch complied with the GRFA regulation when originally constructed.
Each side of the duplex legally constructed 250 additions and Interior Conversions through the
Town's established process. Due to the various changes in the GRFA calculations since 2004, the
secondary unit was rendered non -conforming, eliminating any development potential to that
unit. The clear and stated intent was that the elimination of the 250 Ordinance and Interior
Conversions would not create non -conformities. The staff memorandum to the PEC (September
8, 2003) specifically stated:
The PEC has determined that the "250 Ordinance" and the "Interior Conversion" GRFA
bonuses should be repealed in their entirety due to the inequities of property rights that
are created by these regulations. In an effort to afford these bonuses to all properties
and to not create non -conformities, the proposed GRFA calculation formulas have been
increased over the current calculations to compensate for the elimination of these
bonuses.
The PEC recommendation of approval included two conditions regarding non -conformities,
stating (underline added for emphasis) :
(4) An amnesty clause should be adopted in conjunction with the adoption of the FAR
regulations. The amnesty clause should have no time limit, waive the Town of Vail
application fees, and prevent the creation of non -conform in a properties in regard to FAR.
(5) Any loss of development potential currently allowed by the existing GRFA regulations
that is caused by the adopted of the FAR regulations shall be considered iustification for
a variance from the FAR regulations. (Note that the PEC was recommending renaming GRFA
to FAR, which was not carried over in the final adoption)
The clear intent by the PEC was that non -conformities would not be created by the changes to
GRFA. However, in this case, a non -conformity was clearly created, as the secondary unit
exceeds 40% of the current allowable GRFA for the property. This non -conformity is unique to
the secondary unit on this property, and a variance is necessary to treat this property as all
other properties in the vicinity. Per the conditions included with the PEC recommendation of
approval of the repeal of the 250 ordinance and the repeal of the interior conversion, the loss of
development potential on this property should be considered justification for a variance.
Therefore, relief from the 40% limitation, allowing the unit to partake of the GRFA allowed for
the property in not a grant of special privilege.
Basement Deduction Variance
Both of the units, using the Interior Conversion allowance, converted crawl space to livable area
prior to 2004. This space, located on the lowest level of each unit, was not counted towards
GRFA at that time because it was substantially below grade. However, the current GRFA
deduction for basement space only allows the deduction for both basements if each level is
within 6 ft. of the other. Though there is very little grade change across this relatively flat site,
the structure steps with grade, as is encouraged by the Design Guidelines. This has created an
inequity of treatment for the units: the west unit, being slightly lower in finished floor
elevation, is able to deduct the basement from the GRFA calculation, while the east unit, being
10
8 ft. above finished floor
elevation from the other
unit, does not. As a result,
637.50 sq. ft. of the east
unit's basement which is
entirely below grade, is
counted as GRFA. This was
an issue when the
basement deduction
definition was reviewed by
the PEC in 2016. In fact,
many members of the PEC
expressed concern about
the 6 ft. limitation being
arbitrary.
On August 22, 2016, the
PEC reviewed the staff's
proposed changes to the
basement deduction. The
following comments were
recorded in the minutes:
775 Potato Patch - the lot is generally flat in comparison to most lots in Vail.
As is encouraged by the Design Guidelines, the structure steps with the
natural grade.
Commissioner Stockmar -feels choosing six foot separation allowance is arbitrary and is
inclined not to change anything with GRFA at this time. Would like to have a bigger
discussion dealing with all of GRFA.
Commissioner Gillette - likes the application being applied to all zone district impacted by
GRFA. However, six foot rule is arbitrary. Believes all levels that are subterranean should
be deducted from GRFA.
Commissioner Pratt - does not think this application solves the bigger problem and it
contradicts the decision of the PEC on the Michael Suman application and appeal.
Allows multiple levels but is not equitable between units. Each side should get credit for
buried space. Feels the six foot rule meets the status quo being interpreted by staff, and
will send this application to Council.
Based on the review of the minutes, many of the concerns of the PEC were focused on the
construction of new homes. However, this change had impacts on existing homes. It is
common for duplex structures to step with grade. In fact, it is encouraged by the Design
Guidelines. These steps often occur between units. There are few flat development sites within
the Town of Vail and it is inequitable that the basement deduction is not allowed for both units,
especially when the basement is below grade and has no impact on bulk and mass of a
structure. It is clearly inequitable to treat half of an existing duplex different than the other half,
simply because of the grade change over the site. It is therefore not a grant of special privilege
to grant this variance.
11
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
Applicant Response:
Due to the nature of this variance request, there are no negative effects on light and air,
distribution of population, transportation and traffic facilities, public facilities and utilities, and
public safety.
12
Adjacent Properties
POTATO PATCH PARTNERS RLLLP
785 POTATO PATCH DR
VAI L, CO 81657-4480
CHAMBERS, JASON R.
3796 PARAN RDG NW
ATLANTA, GA 30327-3026
WERTHEIM, HERBERT A. & NICOLE J
4470 SW 74TH AVE
MIAMI, FL 33155-4408
JOHN H. DAVIE, JR REVOCABLE TRUST
776 POTATO PATCH DR
VAI L, CO 81657-4477
RYAN, SCOTT T. & PAULA J.
2398 SW 76TH LN
OCALA, FL 34476-6770
GILLETT, FOSTER L.
950 RED SANDSTONE RD UNIT 43
VAI L, CO 81657-4092
EAGLE DEN PROPERTIES LLC
6477 STRAWBERRY CT
LONGMONT, CO 80503-7164
BARTLIT, FRED H.
1899 WYNKOOP ST STE 800
DENVER, CO 80202-1086
13
City of Vail, Colorado Logo
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: July 13, 2020
ITEM/TOPIC:
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 12-10 Off Street Parking and Loading, Vail Town Code, to refine the appropriate
sections to allow for a comprehensive approach to meeting the minimum parking requirements, including clarifying the review
process and other considerations, and setting forth details in regard thereto. (PEC20-0007)
ATTACHMENTS:
File Name
Staff Memorandum PEC20-0007 7-13 Final.pdf
Attachment A. Applicant Narrative Final.pdf
Attachment B. Final Amendments Redline.pdf
Attachment C. Final Amendments Clean.pdf
Attachment D. Pay in Lieu Parkinq Exhibit.JPG
Description
Staff Memorandum PEC20-0007
Attachment A. Applicant Narrative
Attachment B. Final Amendments Redline
Attachment C. Final Amendments Clean
Attachment D. Pay in Lieu Parking Exhibit
0) rowN of vain
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: July 13, 2020
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 12-10 Off Street Parking and Loading, Vail Town Code, to
refine the appropriate sections to allow for a comprehensive approach to meeting
the minimum parking requirements, including clarifying the review process and
other considerations, and setting forth details in regard thereto. (PEC20-0007)
Applicant: Braun Associates, Inc.
Planner: Greg Roy
SUMMARY
The applicant, Tom Braun with Braun Associates, Inc., is requesting 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 12-10 Off Street Parking and Loading,
to refine standards to be used in the review of such proposals and to clarify the review
process and other considerations.
Based upon Staff's review of the criteria outline in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forward a recommendation
of approval to the Vail Town Council.
II. BACKGROUND
Prior to Ordinance No. 3, Series of 1999 the pay -in -lieu zone was only those areas zoned
Commercial Core 1 and Commercial Core 2. The ordinance added the Lionshead Mixed
Use 1 zone district to the pay -in -lieu zone.
In 2001 Town Council pass Ordinance No. 4, Series of 2001 that amended the pay -in -lieu
zone application and set the fee structure. This was the ordinance that removed
commercial businesses from having to pay -in -lieu when an expansion required more
parking within the zone. It also created the "zones" we know today instead of going
directly by the zoning.
Previously the PEC saw a similar application on the 13th of April meeting. That proposal
was only to change Section 12-10-6. At that meeting PEC gave feedback that some of the
amendments needed to be revised and that a larger discussion of parking and pay -in -lieu
needed to be explored.
DESCRIPTION OF REQUEST
The proposal would amend Section 12-10-6 to increase the distance from a site that
would qualify for off-site parking from 300' to 1,320' and change the limit of parking that
can be placed off-site from what was not required to be in a building to 25%.
Section 12-10-16 would be changed to establish pay -in -lieu zones instead of 12-10-21,
combine the pay -in -lieu zone map, core parking area map, and secondary pay -in -lieu
zone map, expand what the parking fund can be used for, set the fee for pay -in -lieu,
classify accommodation units as commercial for the fee purposes, and take out the
unused section that allows the fee to be paid over time.
Section 12-10-19 would be removed to avoid redundancy since the core area maps are
referenced in 12-10-16.
Section 12-10-21 would be changed to create a secondary pay -in -lieu zone. Previously it
was allowed to take place in any area of town and this would focus the zone to areas that
were selected to reduce vehicle traffic and increase pedestrian activity.
Summary of changes to 12-10-6:
The applicant is proposing to update the Vail Town Code to amend the section that allows
for off-site or joint facilities parking to increase the distance from a site that would qualify
for off-site parking, and set a defined amount of parking that would qualify.
The distance that off-site or jointly used parking facilities would move from 300' to 1,320'
or'/4 of a mile. This is a generally accepted distance for easy walkability. The amount of
parking that could be permitted off-site is currently capped at the amount that is not
required to be in a building. This amount is different district to district and this proposal
would change that to a standard amount of 25% of the required on-site parking.
Summary of changes to 12-10-16:
There are also changes proposed to the section on pay in lieu parking to clean up the
language and add that parking funds may be used for mobility purposes that would
reduce the parking demand. It also updates the amount per parking space that would be
required to match today's requirement and removes the possibility of paying for the
parking overtime. It would also remove accommodation units from the list of residential
uses that have to pay the fee and add it to a new list of commercial uses that are exempt
Town of Vail Page 2
from the fee.
Currently pay in lieu funds are restricted on what they can be used, such as construction
and maintenance of parking facilities, parking studies and administrative services related
to parking. The proposal would expand this list to include mobility options that would
reduce parking demand. The Mobility Innovation Coordinator for the Town, Chris
Southwick, listed multiple possibilities of where money could be used to reduce parking.
These include E -Bike share programs, increased bus service, filling gaps in the bike path
network, and partnerships with private sector that would provide more options for car
shares or carpooling. As the Town does not have current plans to build more parking,
providing these alternative outlets to reduce parking demand could provide a way to put
these funds to use.
Based on recent discussions on the type of use that Accommodation Units fall under, it
makes sense that the use fits better under the list of commercial uses vs. residential uses.
Back in 2001 when this section was amended Council decided to exempt commercial
uses from the pay in lieu requirement as it was not the commercial uses that were driving
parking demand and a fee would stifle redevelopment.
The amount per parking space is not being changed, but is codifying what the current
amount is at this time. The section on paying the fee overtime is also being removed as it
has not been used to staff's knowledge and it is common that the fees must be paid
before a building permit is issued for a project.
The application would also be referencing one map, the "Core Area Parking Map" which
shows the pay in lieu zones, rather than just the "Parking Pay In Lieu Zone" map to avoid
redundancy. This also allows the section on the "Core Areas Identified" to be removed as
the core areas will already referenced.
Summary of chanaes to 12-10-21:
Section 12-10-21 would be amended to create a "Secondary Parking Pay in Lieu Zone.
Currently this section allows for any property in town that is outside of the Pay in Lieu
Zone to apply to pay in lieu instead of providing parking. The secondary zone would
restrict that possibility to areas that are identified in the cores of the town. These sites
were selected based on possible vehicle access and pedestrian ization goals for specific
areas.
This addition would come with parameters on how projects would qualify for the pay in
lieu. It would require compliance with zone district and masterplans, show a need for relief
from providing on site spaces, and not be allowed to reduce the amount of on-site spaces
or be used for a complete demolition and rebuilding of a property.
The following are attached for review: Applicant Narrative (Attachment A), Final
Amendments Redline (Attachment B), Final Amendments Clean (Attachment C), and Pay
in Lieu Parking Exhibit (Attachment D).
Town of Vail Page 3
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 and
make the final decision.
Planning and Environmental Commission:
The Planning and Environmental Commission is responsible for the review of a text
amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and
forwarding of a recommendation to the Town Council.
Town Council:
The Town Council is responsible for final approval, approval with modifications, or denial
of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town
Code.
Staff:
The Town Staff facilitates the application review process. Staff reviews the submitted
application materials for completeness and general compliance with the appropriate
requirements of the Town Code. Staff also prov des the Planning and Environmental
Commission a memorandum containing a description and background of the application;
an evaluation of the application in regard to the criteria and findings outlined by the Town
Code; and a recommendation of approval, approval with modifications, or denial.
V. PROPOSED TEXT AMENDMENT LANGUAGE
The applicant proposes the following language to be added to Title 12:
The proposed amendments are as follows (text to be deleted is in 6tFikethFG nh, text that
is to be added is bold. Sections of text that are not amended have been omitted.):
Proposed Amendments to Off Street Parking and Loading:
Section 12-10-6
Section 12-10-16,
Section 12-10-19
Section 12-10-21
Section 12-10-6 PARKING OFF SITE AND JOINT FACILITIES
All parking and loading facilities required by this chapter shall be located on the same
site as the use for which they are required, provided that the town council may permit off
Town of Vail Page 4
site or jointly used parking facilities if located within three h, -n-red foot (3094
thirteen
hundred and twenty feet (1,320') of the use served. Ai itherity to permit nff site er i
HPeP^IA-S; . No more than twenty-five percent (25%) of required on-site parking
may be provided by such off-site locations. Prior to permitting off-site erje+pt
parking facilities, the town council shall determine that the proposed location of the
parking facilities and the prospective operation and maintenance of the facilities will
fulfill the purposes of this chapter, will he as , "'e :;Ad nnnyenient as parkiRg fa,.iliti,
,,,,r GGRtratieR of parked narc . The town council may require such legal instruments as
it deems necessary to ensure unified operation and control of joint parking facilities or to
ensure the continuation of such facilities, including evidence of ownership, long term
lease, or easement. (Ord. 29(2005) § 29: Ord. 8(1973) § 14.400)
12-10-16: EXEMPT AREAS; PARKING FUND AND PARKING PAY IN LIEU ZONES
ESTABLISHED:
A. Criteria: The Town Council by resolution may exempt certain areas from the off street
parking and loading requirements of this chapter if alternative means will meet the
off street parking and loading needs of all uses in the area. Prior to exempting any
area from the off street parking and leadiRg requirements, the Council shall
determine the following:
1. That the exemption is in the interests of the area to be exempted and in the
interests of the Town at large.
2. That the exemption will not confer any special privilege or benefit upon properties
or improvements in the area to be exempted, which privilege or benefit is not
conferred on similarly situated properties elsewhere in the Town.
3. That the exemption will not be detrimental to adjacent properties or improvements
in the vicinity of the area to be exempted.
4. That suitable and adequate means will exist for provision of public, community,
group or common parking facilities; fnr preyicieR of adequate leadipg faGilitiec �nrl
fnr a system fnr dictrib tieR and r,iGk up of needs; and for financing, operating and
maintaining such facilities; and that such parking, facilities
shall be fully adequate to meet the existing and projected needs generated by all
uses in the area to be exempted.
B. Parking Fund: For PFej2sts properties located within the Town's "Parking Pay -In -
Town of Vail Page 5
Lieu" Zones (as identified on the Town's official "ParkiRg Pay In Lieu i eRe Core
Area Parking Map" maps, incorporated by reference and available for inspection
at the Office of the Town Clerk and the Department of Community
Development), property owners or applicants shall be required to contribute to the
Town Parking Fund, hereby established in lieu of providing on-site parking as
may be prescribed by the zoning code.{^r the ra irr.^o^ ^f rrf^^+iRg the GIAMAR ]
A -rd- the zeRiRg reg latieRs. At such time as any property owner or other
applicant proposes to develop or redevelop apaFGGI A# property within ar exempt
area the "Parking Pay in Lieu Zone", which would require additional on site
parking lead_iRg areae the owner or applicant shall pay to the Town the
parking fee hereinafter required:
1. The Parking Fund established in this section shall receive and disburse funds for
the purpose of conducting parking studies or evaluations, construction of parking
facilities, the maintenance of parking facilities, the payment of bonds or other
indebtedness for parking facilities, and administrative services relating to
parking..., and the funding of multi -modal transportation programs
implemented for the purpose of reducing the use of private vehicles and
reduction in parking demand.
2. The parking fee to be paid by any owner or applicant shall be determined by the
Town Council.
3. If any parking funds have been paid in accordance with this section and if
subsequent thereto a special or general improvement district is formed and
assessments levied for the purpose of paying for parking improvements, the
payer shall be credited against the assessment with the amount previously paid.
4. The parking fee to be paid by any owner or applicant is hereby determined to be
e+ghteeRtwenty-nine thousand five h, r„Ir^d r,ir,^+„ o^.,^r dollars eight„ „^r,+&
($829,000) per space for residential uses (including, but not limited to
dwelling units, timeshares and fractional fee units). There is no
pay in lieu fee for commercial uses (including but not limited to
accommodation units, retail uses, bars and restaurants). This fee shall be
automatically adjusted annually by the percentage the consumer price index of
the City of Denver has increased or decreased over each successive year.
5. For additions or enlargements of any existing building or change of use that
would increase the total number of parking spaces required, an additional
parking fee will be required only for such addition, enlargement or change and
Town of Vail Page 6
not for the entire building or use. No refunds will be paid by the Town to the
applicant or owner.
7-6. When a fractional number of spaces results from the application of the
requirements schedule (section 12-10-10 of this chapter) the parking fee will be
calculated using that fraction. This applies only to the calculation of the parking
fee and not for on site requirements. (Ord. 29(2005) § 29: Ord. 4(2001) § 2: Ord.
3(1999) § 11: Ord. 10(l 994) § 1: Ord. 6(1991) § 1: Ord. 30(1982) § 1: Ord.
47(1979) § 1: Ord. 8(1973) § 14.800)
12-10-219: SPECIAL REVIEW PROVISIONS
12-10-202: SECONDARY PARKING PAY IN LIEU ZONES ESTABLISHED
Penetratielp elemepts. (Ord. (2995) § 29: Ora. 4{23)For properties located
within the Town's "Secondary Parking Pay -In -Lieu" Zones (as identified on the
Town's official "Core Area Parking Map", incorporated by reference and available
for inspection at the Office of the Town Clerk and the Department of Community
Development), property owners or applicants proposing an expansion,
modification or change of use to an existing building may apply to the Planning
and Environmental Commission for approval to contribute to the Town Parking
Fund, in lieu of providing on-site parking as may be prescribed by the zoning
code. Any decision to approve pay in lieu parking within the Secondary Parking
Pay in Lieu Zone shall be at the discretion of the Planning and Environmental
Commission. Prior to granting such approval the Planning and Environmental
Commission shall determine the following:
1. That site constraints and/or the design of the existing building create
significant practical difficulties such that the construction of additional on-
site parking would be infeasible;
2. That the proposed development is consistent with the purpose of the zone
district within which the property is located and with applicable elements of
the Town's adopted master plans.
3. That the project is in compliance with Section 12-10-3 of the Zoning Code
and will not result in the removal of any existing on-site parking,
4. That the proposed project involves an expansion to an existing building,
modification to interior space of an existing building or change of use to an
existing building, and that the proposal does not involve the substantial
demolition and re -construction of an existing building.
VI. APPLICABLE PLANNING DOCUMENTS
Staff believes that following provisions of the Vail Town Code and Vail Land Use Plan are
relevant to the review of this proposal:
Vail Comprehensive Plan
Land Use and Development Goal #2
• Promote alternative transportation through planning efforts that will reduce Vail's
carbon impact.
Land Use and Development Goal #3
• Develop a streamlined design review process and include in regulation updates.
Vail Village Masterp/an
Objective 3.2: Minimize the amount of vehicle traffic in the Village to the greatest extent
Town of Vail Page 8
possible.
Policy 3.2.1: Vehicular traffic will be eliminated or reduced to absolutely minimal
necessary levels in the pedestrianized areas of the Village.
VII. CRITERIA FOR REVIEW
1. The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
The general purposes of the zoning regulations are for "promoting the health, safety,
morals, and general welfare of the town, and to promote the coordinated and harmonious
development of the town in a manner that will conserve and enhance its natural
environment and its established character as a resort and residential community of high
quality". This text amendment is intended to advance these purposes by providing clear
standards in the zoning code that is consistent and less ambiguous. It would direct the
pay -in -lieu zones to those areas that are intended to decrease vehicular traffic and
promote walkability. The changes would allow the funds coming in to be used to promote
alternative means of transportation and assist the Town in achieving sustainability goals.
Staff finds the proposed text amendments meet this criterion.
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
The proposed text amendment provides an avenue to reduce vehicle traffic and allow for
greater possibilities for infill developments. The codification of these standards will help
better implement and better achieve the adopted goals, objectives and policies in Vail,
including reducing vehicle traffic in the Villages and promoting alternative transportation
through planning efforts that will reduce Vail's carbon impact.
Staff finds the proposed text amendments meet this criterion.
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
This section of the code has changed over time and continues to do so as conditions
change. These changes reflect the direction of mobility by depending less on individual
cars and utilizing alternative modes of transportation. The amendment would provide a
route for redevelopment in the town where it is limited today. As the town has continued
Town of Vail Page 9
to build there is little room to expand or add parking areas that was not the case when the
code was originally written. This amendment allows those developments that do not have
room to add parking on-site to satisfy demand in alternative means that still meets the
Town's goals and objectives.
Staff finds the proposed text amendments meet this criterion
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 text amendment would promote a harmonious, convenient and workable
relationship among land use regulations consistent with municipal development
objectives. The text amendment does not conflict with other existing land use documents
or municipal development objectives.
Staff finds the proposed text amendments meet this criterion.
5. Such other factors and criteria the Planning and Environmental Commission
and/or council deem applicable to the proposed text amendments
Staff will provide additional information as needed should the PEC and/or council
determine other factors or criteria applicable to the proposed text amendments.
STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forward a recommendation of approval for the prescribed
regulation amendment to the Vail Town Council. This recommendation is based upon the
review of the criteria outlined in Section VII of this memorandum and the evidence and
testimony presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed 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 Off Street Parking and
Loading, Vail Town Code, to refine the appropriate sections to allow for a comprehensive
approach to meeting the minimum parking requirements, including clarifying the review
process and other considerations, and setting forth details in regard thereto. (PEC20-
0007)."
Town of Vail Page 10
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
Commission makes the following findings:
"Based upon a review of Section Vll of the July 13, 2020 staff memorandum to the
Planning and Environmental Commission, and the evidence and testimony presented, the
Planning and Environmental Commission finds.-
1.
inds:
1. That the amendment is consistent with the applicable elements of the adopted goals,
objectives and policies outlined in the Vail Comprehensive Plan and is
compatible with the development objectives of the Town, and
2. That the amendment furthers the general and specific purposes of the Zoning
Regulations outlined in Section 12-1-2, Purpose, Vail Town Code, and
3. That the amendment promotes the health, safety, morals, and general welfare of the
Town and promotes the coordinated and harmonious development of the Town in a
manner that conserves and enhances its natural environment and its established
character as a resort and residential community of the highest quality. "
IX. ATTACHEMNTS
A. Applicant Narrative
B. Final Amendments Redline
C. Final Amendments Clean
D. Pay in Lieu Parking Exhibit
Town of Vail Page 11
Off-site Leased Parking and Pay in Lieu Parking
Amendments to Sections 12-10-6, 12-10-16, 12-10-19 and 12-10-21 of the Zoning Code
July 13, 2020
Need for and Goals of Amendment
The need for this amendment is to address a "gap" in how parking requirements are applied to
private development in Vail Village and Lionshead. Currently properties in the core areas of Vail
Village and Lionshead are in the Pay in lieu Parking Zone and are required to pay a fee in lieu of
providing on-site parking for any new development that creates a parking requirement.
Properties surrounding these core areas are required to provide on-site parking. However, due
to limited site area and existing improvements, most of these surrounding properties have little
to no potential to create additional parking and as such have very limited development
opportunity. The purpose of these amendments is to:
Provide an outlet for properties in Vail Village and Lionshead that are outside the
Pay -in -Lieu Parking Zone and do not have a realistic way of providing additional
on-site parking, to pursue additions or improvements to their property that
would otherwise trigger a requirement for additional on-site parking.
The underlying premise of these amendments is that additional and improved retail, restaurant,
or lodging uses on these properties is a good thing for Vail, that this type of development would
benefit Vail Village and Lionshead by animating and energizing Vail's two main pedestrian
activity centers, strengthen the diversity of commercial activity and enhance Vail's tax
revenues. Amendments have been drafted to ensure that they effectively address the needs of
the community in a manner that will further the Town's development goals and objectives
specific to Vail's two main activity centers - Vail Village and Lionshead.
Background on Amendment Process
The initial proposal presented to the Planning and Environmental Commission (PEC) on April
13th was to amend an existing section of the code regarding off-site leased parking. The
amendment proposed several clarifications to this section of the code. While the PEC
acknowledged the purpose for these amendments, a broader evaluation of the town's parking
regulations was requested to see if there were more suitable ways to address the problem.
On April 27th five potential alternatives were presented for how a property not located in the
Pay -in -Lieu Parking Zone yet unable to create additional parking could address parking
requirements. These options were:
• Variance request
Parking Code Amendments
Off-site Leased Parking/Pay in Lieu Parking
• Section 12-10-20 —Special Review Provisions
• Amending/expanding the Pay in Lieu Parking Map
• Amending Section 12-10-21— Parking Pay in Lieu Zones Established, and
• Amending Section 12-10-6 — Parking; Off site and joint facilities.
The PEC was unanimous in that amending Section 12-10-21 would be the most appropriate way
to address this situation.
Background on Parking in Vail Village and Lionshead
Parking in Vail Village and Lionshead is provided two ways — on-site parking at private
development sites and in the Town's public parking structures and outlining surface lots.
Private Parking
On-site parking at private developments in Vail Village and Lionshead provides parking primarily
for residential and lodging uses. By way of example, Christiania, Manor Vail, and Antlers are all
lodging or condominium properties that provide parking for owners and guests. Other mixed-
use properties such as the Vail Village Inn, the Lodge at Vail, Sonnenalp and Arrabelle provide
on-site parking, but in most cases patrons to retail or restaurant uses do not park on-site.
While it may be possible to valet park, patrons of retail and restaurants by and large utilize the
Town's parking structures.
Town Parking Structures
The Town's parking structures are widely viewed as skier parking for Vail Mountain, these
structures also provide the main source of parking for visitors to Vail Village and Lionshead.
These structures and outlying lots also provide parking for employees in these two areas.
Pay in Lieu Parking
The Town established a pay -in -lieu parking program in 1973. This program defines specific
properties in Vail Village and Lionshead that are not allowed to provide additional on-site
parking. If these properties redevelop in a manner that creates additional parking demand, a
payment is made to the Town in -lieu of providing new parking on-site. The 25 properties within
the pay -in -lieu zone are located within the core areas, or the most pedestrianized areas of Vail
Village and Lionshead. The pay in lieu parking program is intended to limit parking to lessen
vehicle traffic and in doing so benefit the pedestrian character and experience.
By code, funds generated by the pay -in -lieu program are used to construct or maintain parking
facilities, to conduct parking studies, to pay bonds on parking facilities and administrative
services related to parking.
Parking Code Amendments
Off-site Leased Parking/Pay in Lieu Parking
On the following page is the existing Core Area Parking Map.
Existing Core Area Parking Map depicting Pay -in -Lieu Properties.
Vail Village and Lionshead Parking Analysis
Town of Vail parking facilities provide parking for patrons and employees of the vast majority of
all restaurant, retail and office uses in Vail Village and Lionshead. Town parking facilities
include approximately 2,595 spaces:
1,210 spaces — Vail Village Structure
1,000 spaces— Lionshead Structure
122 spaces — Red Sandstone Structure
54 spaces — Soccer Field
194 spaces — Ford Park
15 spaces — Spraddle Creek
In order to understand the parking impact of restaurant, retail and office uses on the Town's
parking resources, square footage of commercial development in Vail Village and Lionshead
was obtained from the Eagle County Assessors Office. Square footage was allocated to these
three land uses and the town parking ratios (2.3 spaces per 1,000 SF for retail, 1 space per 250
Parking Code Amendments
Off-site Leased Parking/Pay in Lieu Parking
SF for restaurants, and 2.7 spaces per 1,000 SF for office) were then applied to determine the
total parking requirement. The estimated parking requirement for existing retail, restaurant
and office uses in Vail Village and Lionshead is:
Approximate
Use Square Footage Parking Requirement
Retail
300,105
690
Restaurant
60,125
241
Office
43,196
117
TOTALS
443,511
1,047
The numbers above provide context for the degree to which Town parking is utilized by private
retail, restaurant and office development. Based on the calculations above, just 40% of the
Town's parking resources in Vail Village and Lionshead are utilized by these three land uses.
This analysis suggests that most of the Town's parking, 60% or 1,548 spaces, is available for day
skier parking and other users.
Proposed Amendments to Section 12-10-6 - Leased Parking
Amendments proposed to Section 12-10-6 (that allows for off-site leased parking) include:
• The distance in which off-site leased parking must be located from the subject property
is increased from 300' to 1,320'.
• Parking that can be satisfied with off-site leased parking is limited to 25% of a projects
total parking requirement.
• Qualitative standards for off-site leased parking are amended.
Below is a redline version of changes to Section 12-10-6 PARKING OFF SITE AND JOINT
FACILITIES:
All parking and loading facilities required by this chapter shall be located on the same
site as the use for which they are required, provided that the town council may permit
off site or jointly used parking facilities if located within three "--Ad-Ire' feet
4994thirteen hundred and twenty feet (1,320') of the use served. A utheFity to n^rW,;t
tem"a laeaAed- thiPt# ^ 161ildi^g eR @ Site, 196t r@�' eAeRd to ^aFl4i
peFm
itted to he -App less , No more than twenty-five percent (25%) of required on-
site parking may be provided by such off-site locations. Prior to permitting off-site e+
Oe Rt parking facilities, the town council shall determine that the proposed location of
the parking facilities and the prospective operation and maintenance of the facilities will
fulfill the purposes of this chapter, will be as 61sa-ble end- GRt aS PaFkiRg faGili+i^s
Parking Code Amendments
Off-site Leased Parking/Pay in Lieu Parking 4
leEratedi_rrthe 50te of the use, apd- y.,011 PctEr3uS2 trafffie eeRgestie SFght
,,n+r- tieR „f r-,rk,,,a The town council may require such legal instruments as
it deems necessary to ensure unified operation and control of joint parking facilities or
to ensure the continuation of such facilities, including evidence of ownership, long term
lease, or easement.
Proposed Amendments to Pay in Lieu
Amendments to Section 12-10-21 (that allows subject to PEC review properties to pay into the
parking fund), Section 12-10-16 (that establishes the pay in lieu process), and Section 12-10-19
(this section was deleted) include:
• Housekeeping refinements, changes to section titles in all three sections, name change
to the pay in lieu parking map.
• References to loading requirements have been removed.
• Multi -modal transportation programs have been added to ways parking fund can be
used.
• The per space parking fee has been increased from $18,597 to $29,000.
• Accommodation units have been added to the commercial uses that are exempt from
paying a parking fee.
• The finance option for paying the parking fee has been eliminated.
• The Core Area Parking Map has been modified to add a "Secondary Pay in Lieu Parking
Zone" where properties subject to PEC review can pay in lieu of providing parking.
• Criteria are established for the PEC to use in the review of pay in lieu parking in the
Secondary Pay in Lieu Parking Zone.
Below are redline versions of changes to Sections 12-10-16, 12-10-19 and 12-10-21:
12-10-16: EXEMPT AREAS; PARKING FUND AND PAY IN LIEU PARKING ZONES
ESTABLISHED:
A. Criteria: The Town Council by resolution may exempt certain areas from the off street
parking and loading requirements of this chapter if alternative means will meet the
off street parking and loading needs of all uses in the area. Prior to exempting any
area from the off street parking and leadiRg requirements, the Council shall
determine the following:
1. That the exemption is in the interests of the area to be exempted and in the
interests of the Town at large.
2. That the exemption will not confer any special privilege or benefit upon properties
Parking Code Amendments
Off-site Leased Parking/Pay in Lieu Parking 5
or improvements in the area to be exempted, which privilege or benefit is not
conferred on similarly situated properties elsewhere in the Town.
3. That the exemption will not be detrimental to adjacent properties or improvements
in the vicinity of the area to be exempted.
4. That suitable and adequate means will exist for provision of public, community,
group or common parking facilities; far r.re.,isien of adegi +e lead-li.pg faGili+ies
fer a system far his+rihi +den and r.iGk , ip of geeds� and for financing, operating and
maintaining such facilities; and that such parking, facilities
shall be fully adequate to meet the existing and projected needs generated by all
uses in the area to be exempted.
B. Parking Fund: For PFej2sts properties located within the Town's " Pay -In -Lieu
Parking Zone" (as identified on the Town's official "Parking Pay Ir, L ie, %ane Core
Area Parking Map", incorporated by reference and available for inspection at the
Office of the Town Clerk and the Department of Community Development),
property owners or applicants shall be required to contribute to the Town Parking
Fund, hereby established in lieu of providing on-site parking as may be
prescribed by the zoning code.fer the r„ irpese of meetiRg the dernapd :;Ad
:-;Ad- the zeniRg ren, latiens. At such time as any property owner or other
applicant proposes to develop or redevelop a paFGel 9# property within a-n-eXet
aFea the "Pay in Lieu Parking Zone", which would require additional on site
parking aRG-1,19r 19-a liRg areas the owner or applicant shall pay to the Town the
parking fee hereinafter required:
1. The Parking Fund established in this section shall receive and disburse funds for
the purpose of conducting parking studies or evaluations, construction of parking
facilities, the maintenance of parking facilities, the payment of bonds or other
indebtedness for parking facilities, a44 administrative services relating to
parking..., and the funding of multi -modal transportation programs
implemented for the purpose of reducing the use of private vehicles and
reduction in parking demand.
2. The parking fee to be paid by any owner or applicant shall be determined by the
Town Council.
3. If any parking funds have been paid in accordance with this section and if
Parking Code Amendments
Off-site Leased Parking/Pay in Lieu Parking
subsequent thereto a special or general improvement district is formed and
assessments levied for the purpose of paying for parking improvements, the
payer shall be credited against the assessment with the amount previously paid.
4. The parking fee to be paid by any owner or applicant is hereby determined to be
eighteeRtwenty-nine thousand five h, rd -rod ninety codollars nighty Gorf&
($829,000) per space for residential uses (including, but not limited to
dwelling units, timeshares and fractional fee units). There is no pay in lieu fee for
commercial uses (including but not limited to accommodation units, retail
uses, bars and restaurants). This fee shall be automatically adjusted annually
by the percentage the consumer price index of the City of Denver has increased
or decreased over each successive year.
5. For additions or enlargements of any existing building or change of use that
would increase the total number of parking spaces required, an additional
parking fee will be required only for such addition, enlargement or change and
not for the entire building or use. No refunds will be paid by the Town to the
applicant or owner.
-�6. When a fractional number of spaces results from the application of the
requirements schedule (section 12-10-10 of this chapter) the parking fee will be
calculated using that fraction. This applies only to the calculation of the parking
fee and not for on site requirements. (Ord. 29(2005) § 29: Ord. 4(2001) § 2: Ord.
3(1999) § 11: Ord. 10(l 994) § 1: Ord. 6(1991) § 1: Ord. 30(1982) § 1: Ord.
47(1979) § 1: Ord. 8(1973) § 14.800)
Parking Code Amendments
Off-site Leased Parking/Pay in Lieu Parking
12-10-2-G19: SPECIAL REVIEW PROVISIONS — this section is deleted, pertinent
elements of this section are incorporated into 12-10-16.
12-10-202: SECONDARY PAY IN LIEU PARKING ZONE ESTABLISHED
a n__1 fGF the Offino A -f ��GWR Gl .SII ho i io�� iiJon�if�i
crn�rrtcc-vr �'v-r'rvT� rcTc�nurr-ac-aa �crcrrcrr�r
Ghapte F. PFv'p•er+ieo Will he rpryi iiCed GGFHPIYWith }mh,e ameRded pFeg Fam up
Prepert 0 es RAt the Pay 1A Lieu ze-Res may apply te the
Peeetr +a�efen}epts. (Ord - 29(2 95) § 29: Ord--4(23)For properties located
within the Town's "Secondary Pay -In -Lieu Parking Zone" (as identified on the
Town's official "Core Area Parking Map", incorporated by reference and available
for inspection at the Office of the Town Clerk and the Department of Community
Development), property owners or applicants proposing an expansion,
modification or change of use to an existing building may apply to the Planning
and Environmental Commission for approval to contribute to the Town Parking
Fund, in lieu of providing on-site parking as may be prescribed by the zoning
code. Any decision to approve pay in lieu parking within the Secondary Parking
Pay in Lieu Zone shall be at the discretion of the Planning and Environmental
Commission. Prior to granting such approval the Planning and Environmental
Commission shall determine the following:
1. That site constraints and/or the design of the existing building create
significant practical difficulties such that the construction of additional on
site parking would be infeasible;
2. That the proposed development is consistent with the purpose of the zone
district within which the property is located and with applicable elements of
the Town's adopted master plans.
3. That the project is in compliance with Section 12-10-3 of the Zoning Code
and will not result in the removal of any existing on site parking,
4. That the proposed project involves an expansion to an existing building,
Parking Code Amendments
Off-site Leased Parking/Pay in Lieu Parking
modification to interior space of an existing building or change of use to an
existing building, and that the proposal does not involve the substantial
demolition and re -construction of an existing building.
Highlights of Substantive Amendments
Below is information on the more substantive changes proposed by these amendments:
I Jcp nf Finck
The use of funds from the pay in lieu program are limited by ordinance to conducting parking
studies, construction and maintenance of parking, payment of bonds and administrative
services. An amendment is proposed that will expand the use of funds to include multi -modal
programs implemented for the purpose of reducing the use of private vehicles and hence
parking demand. Examples of how these funds could be used include but are not limited to
bike -share programs, carpooling and/or car -sharing programs, increased bus service and
improvements to recreation trails.
Per Space Parking Fee
Based on a review of Town ordinances, the per space fee for Pay in Lieu Parking was first set by
the Town Council in 1982 at $5,000 for residential uses and $3,000 for commercial uses. The
fee was increased to $8,000 in 1991 and to $15,000 in 1994. Based on Town Council minutes,
the 1994 fee was based on the Town's cost in expanding the Vail Village Parking Structure. The
most recent fee was set in 2001 at $18,597.80. It is assumed that this rate was set by applying
the escalator (based on the Denver Consumer Price Index (CPI)), to the 1994 fee.
Applying the CPI escalator to the 2001 fee results in a new fee of just under $28,304.90.
Rounding up, a per space fee of $29,000 is proposed.
Some members of the PEC have expressed the need to modify the per space fee based on the
cost to construct a parking space. While it is difficult to define a typical or average price of a
structured parking space, one recent and one current project provide some context. The new
Red Sandstone Parking Structure cost approximately $94,000 per space. While this cost
included many improvements beyond the structure itself (e.g. new bus stop, turn lane, loop
road through school site), the structure was benched into a hill and only required excavation on
two sides. Reduced excavation costs were possibly offset by the non -structure costs. A new
structure is underway in Breckenridge at an estimated cost of $100,000 per space (400 spaces
at $40,000,000).
Parking Code Amendments
Off-site Leased Parking/Pay in Lieu Parking
Secondary Pay in Lieu Parking Zone
The Town's Official Core Area Parking Map depict properties within the proposed Secondary
Pay in Lieu Parking Zone. The primary factor in selecting properties to be included in this new
zone was whether additions or expansions to the property could benefit Vail Village and
Lionshead by animating and energizing Vail's two main pedestrian activity centers. Properties
included in the Secondary Pay in Lieu Zone are zoned for or developed as mixed-use projects,
are adjacent to the core areas of Vail Village and the Lionshead Mall or are located on highly
pedestrianized corridors.
Gore Area Parking Map
_ Commercial Core Areas
® Commercial Core Area - Evervail (pending certain crite(ia}
Pay -in -Lieu Parking Zone
Secondary Pay -in -Lieu Parking Zone
Proposed modification to the Core Area Parking Map adds the Secondary Pay -in -Lieu Parking Zone
depicted in orange.
Exempting Accommodation Units from Pay in Lieu fee
Since its original adoption in 1973 Pay in Lieu Parking regulations have been amended seven
times. The 2001 amendment eliminated the fee for "commercial development". The rationale
in doing so was to provide an incentive for small business owners in Vail Village and Lionshead
to expand and improve their shops and restaurants. It was also mentioned by Council that
Vail's parking problem was not from merchants and restaurants, but rather from skier parking.
Parking Code Amendments
Off-site Leased Parking/Pay in Lieu Parking 10
Commercial development was not defined, but over the years has been interpreted to mean
retail and restaurant uses. The 2001 amendment did list accommodation units as a residential
use and as such the pay in lieu fee applies to hotel rooms.
For the same reasons Council waived the pay in lieu fee for retail and restaurant uses in 2001, it
is proposed that the fee also be waived for accommodation units. Lodge rooms are essential to
the success of Vail. Overnight guests bring vitality to Vail Village and Lionshead and spending
by overnight guests is a significant benefit to shops and restaurants. Exempting lodge rooms
from the pay in lieu fee will serve as an incentive for small lodge expansions in much the same
way the exemption was intended to incentivize retail and restaurant expansions.
In 2001 Council members stated that Vail's parking problem was a function of day skiers and
not a result of shops and restaurants. The parking analysis outlined above supports this
conclusion. Based on this analysis, just 40% of the Town's parking resources in Vail Village and
Lionshead are utilized by retail, restaurants and office uses. This analysis suggests that most of
the Town's parking, 60% or 1,548 spaces, is available for day skier parking and other users.
Review Criteria
Approval for a project in the Secondary Pay in lieu Parking Zone to pay in lieu of providing
parking is subject to the discretion of PEC. Four criteria are proposed for the PEC to use in the
evaluation of such requests. Parameters under which Pay in Lieu may be approved include:
• Properties must be within the Secondary Pay in Lieu Zone as depicted on the Town's
Official Core Area Parking Map.
• The provision can only be used for the expansion, modification or change of use to an
existing building and specifically not for demo/rebuilds.
• The project cannot result in the removal of any existing parking.
• The project must demonstrate that it is infeasible to provide additional parking on-site.
These criteria were drafted to ensure that the utilization of the Secondary Pay in Lieu Parking
Zone will address the purposes for which these amendments have been proposed.
Summary
Many properties within Vail Village and Lionshead are unable to pursue any level of
expansion because they have no opportunity to create additional on-site parking and
they are outside of the Town's Pay in Lieu Parking Zone. While additions and
improvements to these properties would benefit Vail Village and Lionshead, the inability
address parking requirements is a significant obstacle to these properties being
improved. The purpose of the proposed Secondary Pay in Lieu Parking Zone is to
Parking Code Amendments
Off-site Leased Parking/Pay in Lieu Parking 11
remove this obstacle and in doing so provide an incentive for additions and
improvements.
With any ordinance change it is important to anticipate and understand unintended
consequences and what the ordinance means. This raises two questions:
To what degree will they be utilized; will they create too much incentive and generate a
level of new development that will adversely burden the town's parking resources?
This concern was identified early in this process and amendments were written to
include parameters that limit the extent to which the Secondary Pay in Lieu Parking
Zone can be utilized.
• The program can only be used for additions to existing buildings, it cannot be
used for demo/rebuilds.
• The program is only available for properties that can demonstrate existing site
conditions preclude the ability to provide additional on-site parking.
• If properties in the Secondary Pay in Lieu Zone propose a demo/rebuild, the
code requires on-site parking to be provided.
• All properties in the Secondary Pay in Lieu Parking Zone are currently
developed. While there are opportunities for additions to existing buildings
exist, they are limited in scope.
• Of the 19 properties included in the new zone, only 4 are lodging properties.
While some opportunity exists for lodge expansions, they are limited in scope.
Why should the Pay in Lieu Parking fee be waived for properties in the Secondary Pay in
Lieu Parking Zone and why should the fee be waived for lodging?
The Town's pay in lieu ordinance has since 2001 waived the parking fee for commercial
development in Vail Village and Lionshead and in doing so makes a clear statement that
this type of development is a priority for the Town and should be encouraged. This is
not a new concept and the same approach is proposed for the Secondary Pay in Lieu
Parking Zone. All properties in this new zone are directly proximate to the
pedestrianized areas of Vail Village and Lionshead, encouraging additions and upgrades
will benefit these areas and is in keeping with the Town's development objectives.
Accommodation units have been added to the list of uses exempt from paying the
parking fee as lodging is as important and equally valued as retail or restaurant uses.
Can we risk putting further burden on the Town's parking structures by expanding the area
where parking fees are waived for retail and restaurants and now for lodge rooms?
During peak times, primarily in winter months, parking demand exceeds Vail's parking supply.
Parking Code Amendments
Off-site Leased Parking/Pay in Lieu Parking 12
However, it is unlikely that these amendments will have a noticeable impact on the town's
parking structures due to the limitations that have been built into the Secondary Pay in Lieu
Parking Zone. While properties in the new zone have some development potential, the scale of
development is limited by existing site conditions, particularly with the potential development
of new lodge rooms. If new lodge rooms are to be developed in the Secondary Pay in Lieu
Parking Zone and hotel guest use town parking structures, the increased sale tax revenue from
over -night guest spending would be significant and considered by many to offset any adverse
impact from having fewer parking spaces available for day skiers.
Properties located in the proposed Secondary Pay in Lieu Parking Zone currently have little to
no potential for additional development given they are outside the existing Pay in Lieu Parking
Zone and due to site constraints are unable to create additional on-site parking. With no
opportunity for expansion there is little incentive for these properties to be upgraded. Without
this proposed amendment there will be no change to this situation. With this amendment
these properties will have the opportunity to consider expansions and upgrades to their
properties. This amendment removes an obstacle to development and opens the door to
property owners who may have an opportunity to make improvements that can further the
Town's development objectives.
Review Criteria for Zoning Code Amendments
1. The extent to which the text amendment furthers the general and specific purposes of the
zoning regulations; and
Response
The town's pay in lieu parking program has been in place since 1973 and amended many times,
it has been deemed to further the general and specific purposes of the zoning regulations. The
proposed amendment refines and expands the existing program in a manner that is consistent
with its original intent.
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
Response
Refer to criteria #4 below for a list of development objectives and policies from the Vail Village
and Lionshead master plans. This amendment will facilitate these objectives and policies a
Parking Code Amendments
Off-site Leased Parking/Pay in Lieu Parking 13
number of ways, foremost among them by encouraging redevelopment and potentially
reducing traffic by supporting alternative modes of transportation.
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
Response
If approved, this would be the eighth amendment to the pay in lieu parking program since 1973.
Amendments have been done in response to changing conditions, circumstances and needs of
the Town. Among other things, the amendment responds to a trend toward multi -modal
transportation programs and the amendment responds to a current condition whereby many
properties are unable to provide additional parking due to site constraints.
4. The extent to which the text amendment provides a harmonious, convenient, workable
relationship among land use regulations consistent with municipal development objectives; and
Response
The proposed text amendment refines and expands the basic premise of the pay in lieu parking
program that has been in place in some form since 1973. It is not a new idea, rather the
amendments reflect improvements to a long-established idea. The amendment will remove an
obstacle to redevelopment and in doing so further a number of objectives and policies from the
Vail Village Master Plan and the Lionshead:
Vail Village Master Plan
Objective 1.2: Encourage the upgrading and redevelopment of residential and
commercial facilities.
Objective 1.3: Enhance new development and redevelopment through public
improvements done by private developers working in cooperation with the
town.
Objective 2.2: Recognize the importance of Vail Village as a mixed use center of
activities for our guests, visitors and residents.
Objective 2.3: Increase the number of residential units available for short term
overnight accommodations.
Policy 2.3.1: The development of short term accommodation units is strongly
encouraged. Residential units that are developed above existing density levels
are required to be designed or managed in a manner that makes them available
for short term overnight rental.
Parking Code Amendments
Off-site Leased Parking/Pay in Lieu Parking 14
Objective 2.4: Encourage the development of a variety of new commercial
activity where compatible with existing land uses.
Policy 2.4.1: Commercial infill development consistent with established
horizontal zoning regulations shall be encouraged to provide activity generators,
accessible greenspaces, public plazas, and streetscape improvements to the
pedestrian network throughout the Village.
Policy 5.1.4: Continue to promote the lease parking program as a means for
maximizing the utilization of private parking spaces.
Lionshead Redevelopment Master Plan
2.3.1 Renewal and Redevelopment
Lionshead can and should be renewed and redeveloped to become a warmer,
more vibrant environment for guests and residents. Lionshead needs an
appealing and coherent identity, a sense of place, a personality, a purpose, and
an improved aesthetic character.
2.3.3 Stronger Economic Base Through Increased Live Beds In order to enhance
the vitality and viability of Vail, renewal and redevelopment in Lionshead must
promote improved occupancy rates and the creation of additional bed base
("live beds" or "warm beds") through new lodging products.
S. Such other factors and criteria the Planning and Environmental Commission and/or council
deem applicable to the proposed text amendments
To be determined.
Parking Code Amendments
Off-site Leased Parking/Pay in Lieu Parking 15
Section 12-10-6 PARKING OFF SITE AND JOINT FACILITIES
All parking and loading facilities required by this chapter shall be located on the same
site as the use for which they are required, provided that the town council may permit off
site orjointly used parking facilities if located within throe. h,_,PPIred foo+ (3c)9 thirteen
hundred and twenty feet (1,320') of the use served. ^ 6 i+heri+„ +e permit eff s;+e er iemF#
HAeA^'Ais; No more than twenty-five percent (25%) of required on-site parking
may be provided by such off-site locations. Prior to permitting off-site erjGiRt
parking facilities, the town council shall determine that the proposed location of the
parking facilities and the prospective operation and maintenance of the facilities will
fulfill the purposes of this chapter, will he as HS.Able Ar,PI ^epye„ie„+ as pa*iRg fAGilities
nennen+ra+;GR of pa Fkepl ears . The town council may require such legal instruments as
it deems necessary to ensure unified operation and control of joint parking facilities or to
ensure the continuation of such facilities, including evidence of ownership, long term
lease, or easement. (Ord. 29(2005) § 29: Ord. 8(1973) § 14.400)
12-10-16: EXEMPT AREAS; PARKING FUND AND PAY IN LIEU PARKING ZONES
ESTABLISHED:
A. Criteria: The Town Council by resolution may exempt certain areas from the off street
parking and loading requirements of this chapter if alternative means will meet the
off street parking and loading needs of all uses in the area. Prior to exempting any
area from the off street parking and leadiRg requirements, the Council shall
determine the following:
1. That the exemption is in the interests of the area to be exempted and in the
interests of the Town at large.
2. That the exemption will not confer any special privilege or benefit upon properties
or improvements in the area to be exempted, which privilege or benefit is not
conferred on similarly situated properties elsewhere in the Town.
3. That the exemption will not be detrimental to adjacent properties or improvements
in the vicinity of the area to be exempted.
4. That suitable and adequate means will exist for provision of public, community,
group or common parking facilities; fer r.re.nsien of adegi +e lea li.pg faGili+ies
fer a system fer and r.iGk , ip of geeds� and for financing, operating and
maintaining such facilities; and that such parking, facilities
shall be fully adequate to meet the existing and projected needs generated by all
uses in the area to be exempted.
B. Parking Fund: For PFs}ests properties located within the Town's " Pay -In -Lieu
Parking Zone" (as identified on the Town's official "Parking Pay Ir, Lieu eRe Core
Area Parking Map", incorporated by reference and available for inspection at the
Office of the Town Clerk and the Department of Community Development),
property owners or applicants shall be required to contribute to the Town Parking
Fund, hereby established in lieu of providing on-site parking as may be
prescribed by the zoning code.{^r the r.i irr.^o^ ^f m^^flr,rr the i-1^rv,and Ar,.J
,1^,,, Im^nfo ._r,.J the Z^niRg r^rr6 ilati„r,o At such time as any property owner or other
applicant proposes to develop or redevelop apaFGGI A# property within ar exempt
area the "Pay in Lieu Parking Zone", which would require additional on site
parking lead_iRg areae the owner or applicant shall pay to the Town the
parking fee hereinafter required:
1. The Parking Fund established in this section shall receive and disburse funds for
the purpose of conducting parking studies or evaluations, construction of parking
facilities, the maintenance of parking facilities, the payment of bonds or other
indebtedness for parking facilities, and administrative services relating to
parking..., and the funding of multi -modal transportation programs
implemented for the purpose of reducing the use of private vehicles and
reduction in parking demand.
2. The parking fee to be paid by any owner or applicant shall be determined by the
Town Council.
3. If any parking funds have been paid in accordance with this section and if
subsequent thereto a special or general improvement district is formed and
assessments levied for the purpose of paying for parking improvements, the
payer shall be credited against the assessment with the amount previously paid.
4. The parking fee to be paid by any owner or applicant is hereby determined to be
eighteeRtwenty-nine thousand five h, r„ -rod r,iRety codollars nighty GGRt&
($929,000) per space for residential uses (including, but not limited to
Rots,61 dwelling units, timeshares and fractional fee units). There
is no pay in lieu fee for commercial uses (including but not limited to
accommodation units, retail uses, bars and restaurants). This fee shall be
automatically adjusted annually by the percentage the consumer price index of
the City of Denver has increased or decreased over each successive year.
5. For additions or enlargements of any existing building or change of use that
would increase the total number of parking spaces required, an additional
parking fee will be required only for such addition, enlargement or change and
not for the entire building or use. No refunds will be paid by the Town to the
applicant or owner.
7-6. When a fractional number of spaces results from the application of the
requirements schedule (section 12-10-10 of this chapter) the parking fee will be
calculated using that fraction. This applies only to the calculation of the parking
fee and not for on site requirements. (Ord. 29(2005) § 29: Ord. 4(2001) § 2: Ord.
3(1999) § 11: Ord. 10(l 994) § 1: Ord. 6(1991) § 1: Ord. 30(1982) § 1: Ord.
47(1979) § 1: Ord. 8(1973) § 14.800)
12-10-219: SPECIAL REVIEW PROVISIONS
12-10-202: SECONDARY P"o PAY IN LIEU PARKING ZONES ESTABLISHED
7i�il�hlo fnr incn�} the Offino of ewR Clerk) shall ho used- fn ir-onfifi
crn�rrtcc-vr vv�-rvrcrtc�n-crrrrsc-aaccrcv�crcrrcrr�r
Ghapter. Preper}ies will be r89610rGd tG nmmPlY With Fthe arneRded nrnnram 61p
RFE)PeFtieS RG-t O.RGII-19-189-1 OR the Pay Ip 1_49-W ZA-Res may apply te the
Peeetrfa�relerepts. (295`, § 29: Ord.-4(23)For properties located
within the Town's "Secondary Pay-In-Lieu Parking Zone" (as identified on the
Town's official "Core Area Parking Map", incorporated by reference and available
for inspection at the Office of the Town Clerk and the Department of Community
Development), property owners or applicants proposing an expansion,
modification or change of use to an existing building may apply to the Planning
and Environmental Commission for approval to contribute to the Town Parking
Fund, in lieu of providing on-site parking as may be prescribed by the zoning
code. Any decision to approve pay in lieu parking within the Secondary Parking
Pay in Lieu Zone shall be at the discretion of the Planning and Environmental
Commission. Prior to granting such approval the Planning and Environmental
Commission shall determine the following:
1. That site constraints and/or the design of the existing building create
significant practical difficulties such that the construction of additional on
site parking would be infeasible;
2. That the proposed development is consistent with the purpose of the zone
district within which the property is located and with applicable elements of
the Town's adopted master plans.
3. That the project is in compliance with Section 12-10-3 of the Zoning Code
and will not result in the removal of any existing on site parking,
4. That the proposed project involves an expansion to an existing building,
modification to interior space of an existing building or change of use to an
existing building, and that the proposal does not involve the substantial
demolition and re -construction of an existing building.
Section 12-10-6 PARKING OFF SITE AND JOINT FACILITIES
All parking and loading facilities required by this chapter shall be located on the same
site as the use for which they are required, provided that the town council may permit off
site or jointly used parking facilities if located within thirteen hundred and twenty feet
(1,320') of the use served. No more than twenty-five percent (25%) of required on-site
parking may be provided by such off-site locations. Prior to permitting off-site parking
facilities, the town council shall determine that the proposed location of the parking
facilities and the prospective operation and maintenance of the facilities will fulfill the
purposes of this chapter. The town council may require such legal instruments as it
deems necessary to ensure unified operation and control of joint parking facilities or to
ensure the continuation of such facilities, including evidence of ownership, long term
lease, or easement. (Ord. 29(2005) § 29: Ord. 8(1973) § 14.400)
12-10-16: EXEMPT AREAS; PARKING FUND AND PARKING PAY IN LIEU ZONES
ESTABLISHED:
A. Criteria: The Town Council by resolution may exempt certain areas from the off street
parking and loading requirements of this chapter if alternative means will meet the
off street parking and loading needs of all uses in the area. Prior to exempting any
area from the off street parking requirements, the Council shall determine the
following:
That the exemption is in the interests of the area to be exempted and in the
interests of the Town at large.
2. That the exemption will not confer any special privilege or benefit upon properties
or improvements in the area to be exempted, which privilege or benefit is not
conferred on similarly situated properties elsewhere in the Town.
3. That the exemption will not be detrimental to adjacent properties or improvements
in the vicinity of the area to be exempted.
4. That suitable and adequate means will exist for provision of public, community,
group or common parking facilities; and for financing, operating and maintaining
such facilities; and that such parking facilities shall be fully adequate to meet the
existing and projected needs generated by all uses in the area to be exempted.
B. Parking Fund: For properties located within the Town's "Parking Pay -In -Lieu" Zones
(as identified on the Town's official "Core Area Parking Map", incorporated by
reference and available for inspection at the Office of the Town Clerk and the
Department of Community Development), property owners or applicants shall be
required to contribute to the Town Parking Fund, hereby established in lieu of
providing on-site parking as may be prescribed by the zoning code.. At such time as
any property owner or other applicant proposes to develop or redevelop a property
within the "Parking Pay in Lieu Zone", which would require additional on site parking,
the owner or applicant shall pay to the Town the parking fee hereinafter required:
1. The Parking Fund established in this section shall receive and disburse funds for
the purpose of conducting parking studies or evaluations, construction of parking
facilities, the maintenance of parking facilities, the payment of bonds or other
indebtedness for parking facilities, administrative services relating to parking, and
the funding of multi -modal transportation programs implemented for the purpose
of reducing the use of private vehicles and reduction in parking demand.
2. The parking fee to be paid by any owner or applicant shall be determined by the
Town Council.
3. If any parking funds have been paid in accordance with this section and if
subsequent thereto a special or general improvement district is formed and
assessments levied for the purpose of paying for parking improvements, the
payer shall be credited against the assessment with the amount previously paid.
4. The parking fee to be paid by any owner or applicant is hereby determined to be
twenty-nine thousand dollars ($29,000) per space for residential uses (including,
but not limited to dwelling units, timeshares and fractional fee units). There is no
pay in lieu fee for commercial uses (including but not limited to accommodation
units, retail uses, bars and restaurants). This fee shall be automatically adjusted
annually by the percentage the consumer price index of the City of Denver has
increased or decreased over each successive year.
5. For additions or enlargements of any existing building or change of use that
would increase the total number of parking spaces required, an additional
parking fee will be required only for such addition, enlargement or change and
not for the entire building or use. No refunds will be paid by the Town to the
applicant or owner.
6. When a fractional number of spaces results from the application of the
requirements schedule (section 12-10-10 of this chapter) the parking fee will be
calculated using that fraction. This applies only to the calculation of the parking
fee and not for on site requirements. (Ord. 29(2005) § 29: Ord. 4(2001) § 2: Ord.
3(1999) § 11: Ord. 10(l 994) § 1: Ord. 6(1991) § 1: Ord. 30(1982) § 1: Ord.
47(1979) § 1: Ord. 8(1973) § 14.800)
12-10-19: SPECIAL REVIEW PROVISIONS
12-10-2021: SECONDARY PARKING PAY IN LIEU ZONES ESTABLISHED
For properties located within the Town's "Secondary Parking Pay -In -Lieu" Zones (as
identified on the Town's official "Core Area Parking Map", incorporated by reference and
available for inspection at the Office of the Town Clerk and the Department of
Community Development), property owners or applicants proposing an expansion,
modification or change of use to an existing building may apply to the Planning and
Environmental Commission for approval to contribute to the Town Parking Fund, in lieu
of providing on-site parking as may be prescribed by the zoning code. Any decision to
approve pay in lieu parking within the Secondary Parking Pay in Lieu Zone shall be at
the discretion of the Planning and Environmental Commission. Prior to granting such
approval the Planning and Environmental Commission shall determine the following:
1. That site constraints and/or the design of the existing building create significant
practical difficulties such that the construction of additional on site parking would
be infeasible;
2. That the proposed development is consistent with the purpose of the zone district
within which the property is located and with applicable elements of the Town's
adopted master plans.
3. That the project is in compliance with Section 12-10-3 of the Zoning Code and
will not result in the removal of any existing on site parking,
4. That the proposed project involves an expansion to an existing building,
modification to interior space of an existing building or change of use to an
existing building, and that the proposal does not involve the substantial
demolition and re -construction of an existing building.
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City of Vail, Colorado Logo
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE:
ITEM/TOPIC: June 22, 2020 PEC Results
ATTACHMENTS:
File Name Description
Pec results 062220.pdf June 22, 2020 PEC Results
0 PLANNING AND ENVIRONMENTAL COMMISSION
TOW?J OF ffl June 22, 2020, 1:00 PM
Town Council Chambers & Virtual
75 S. Frontage Road -Vail, Colorado, 81657
Call to Order
1. 1. Register in advance for this webinar:
https://us02web. zoom. us/webi nar/register/W N_i Be9e3N PSwKdnAd7F QTB eg
1.2. Attendance
Present: Ludwig Kurz, Karen Perez, Henry Pratt, John -Ryan Lockman,
Rollie Kjesbo, Pete Seibert, Brian Gillette (arrived late)
Main Agenda
2.1. A request for a recommendation to the Vail Town Council for a prescribed 5 min.
regulation amendment pursuant to Section 12-3-7 Amendment, Vail Town
Code to amend Section 12-10-6 Parking; Off Site and Joint Facilities, Vail
Town Code, to refine standards to be used in the review of such proposals
and to clarify the review process and other considerations, and setting forth
details in regard thereto. (PEC20-0007)
The applicant has requested this item be tabled to the July 13, 2020 PEC
meeting.
Applicant: Braun Associates, Inc.
Planner: Greg Roy
Rollie Kjesbo moved to table to July 13, 2020. Karen Perez seconded the
motion and it passed (6-0).
Absent: (1) Gillette
2.2. A request for the review of a variance from Section 11-6 Business and 20 min.
Building Identification Signs, Vail Town Code, in accordance with the
provisions of Section 11-10, Variances, Vail Town Code, to allow for a
variance to the number of allowable free standing signs, located at 2109
North Frontage Road West/Vail Commons Condominiums (City Market),
and setting forth details in regard thereto. (PEC20-0011)
Applicant: Town of Vail/Dillon Real Estate Co., represented by Zehren and
Associates
Planner: Jonathan Spence & Erik Gates
1. Approval of this sign variance is contingent upon the applicant
obtaining Town of Vail approval of an associated design review
application.
Planner Spence points out the differences between a regular variance and a
sign variance.
Pedro Campos with Zehren gives an introduction to the team and the gives
an overview of the project.
Commissioner Gillette joined the meeting.
Tim Halbakken with Zehren and Associates introduces himself and goes
over the request for the sign variance.
Lockman had questions on the use of the downstairs parking.
Applicants stated that it is seldom used. Continued to describe the condition
of the downstairs garage and the idea passed to the owner to improve the
area.
Kurz offered comments as to why he believes it is underutilized and was
hoping that improvements to the downstairs lot would be included.
Applicant states that would be the intent.
Lockman added that the site is seeing more pedestrians around the east
side of the building and is wondering if there are plans to improve
crosswalks or signs in that area.
Spence says he will relay those concerns to the Public Works department.
He iterates that staff is in support of the proposal. Informs the PEC they are
not looking at the signs, but that there would be allowed 2 instead of just 1.
Pratt states that he sees a lot of traffic in that area during the winter. Tells the
applicants that to see more utilization of the lower level they need to improve
the experience of the users. That people avoid this area by choice, even
though they know it is there.
No public comments.
Rollie Kjesbo moved to approved with conditions. Henry Pratt seconded the
motion and it passed (7-0).
2.3. A request for the review of a variance from Section 14-5-2 (H): Other
Requirements, Landscaping, Vail Town Code, in accordance with the
provisions of Section 12-17, Variances, Vail Town Code, to allow for a
variance to the required parking lot landscaping to allow for the redesign of
the existing surface parking lot, located at 2109 North Frontage Road
West/Vail Commons Condominiums (City Market), and setting forth details
in regard thereto. (PEC20-0012)
The applicant has withdrawn this application.
Applicant: Town of Vail/Dillon Real Estate Co., represented by Zehren and
Associates
Planner: Jonathan Spence & Erik Gates
3. Approval of Minutes
3.1. June 8, 2020 PEC Results
Rollie Kjesbo moved to approve. Karen Perez seconded the motion and it
passed (7-0).
4. 1 nformational Update
4.1. An update to the Planning and Environmental Commission on the 20 min.
Realignment of the Gore Valley Trail in the vicinity of the Lionshead Base
Area.
Applicant: Town of Vail, represented by Todd Oppenheimer
Planner: Jonathan Spence
Planner Spence introduces Todd Oppenheimer and introduces the project.
Oppenheimer goes over the scope of the project and the reason behind the
redesign. Notes that Vail Resorts is a partner in the project and has helped
to fund the design. Goes over the segments of the project and the design to
this point.
Pratt asks about the price of the project and the relation of the bridge and
the big spruce.
Oppenheimer states that there was not a lot of cost difference in saving the
tree or not, and that the bridge design did not have a lot to do with the cost.
Lockman asks about the staircase for commercial access and signage. Lists
concerns about the use of stairs and the amount of mountain bikes that
could potentially use the stairs.
Oppenheimer says they have not gotten to that stage of the design but lists
possible ways to alleviate that possibility.
Kurz questions on how the trail is closed during the winter at this time, but
would the changes allow for some of the trail to be open during the winter.
Oppenheimer says that there would still have to be a closure in the winter for
the magic carpet grooming.
5. Adjournment
Karen Perez moved to adjourn. Henry Pratt seconded the motion and it
passed (7-0).
The applications and information about the proposals are available for public inspection during regular office hours at the
Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project
orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department.
Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the
Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please
call 711 for sign language interpretation 48 hour prior to meeting time.
Community Development Department
City of Vail, Colorado Logo
VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO
MEETING DATE: July 13, 2020
ITEM/TOPIC: West Vail Master Plan Update
Al 0000598884-01
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 forjurisdictions operating under Colorado's Home
Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every number
of said daily newspaper for the period of 1 insertion; and
that the first publication of said notice was in the issue of
said newspaper dated 7/10/2020 and that the last
publication of said notice was dated 7/10/2020 in the issue
of said newspaper.
In witness whereof, I have here unto set my hand this day,
7/31/2020.
Mark Wurzer. Publisher
Subscribed and sworn to before me, a notary public in and
for the County of Eagle, State of Colorado this day
7/31/2020.
Jerilynn Medina, Notary Public
My Commission Expires: August 3, 2020
.1 ME LISPN MEDINA
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VAT(:OF-0111-11
NOTA 6ZY til2BblRI:Gl 79i9g
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PLANNING AND ENVIRONMENTAL COMMISSION
J.10 13, 2020, 1:00 PM
Town Council Chambers & Virtual
75 S. Frontage Road - V,II, Colorado, 8165/
1. Call to Order
1.1. Attendance
1.2. Registerin advance for this—bin-
impsl/us02web.zoom.us/webinar/regist.,MN_ETc2HgnLS_6j,1 wJg,dO,A
2. Main Agenda
2.1. Amquest for therevlew of a variance lmm Section 12-6D-8, Density Control,
Vail Town Code, to allow for a variance to Me reqqulremeM that a secantlary uni
in the Tiro -Family Primary/Secondary Residenial zone distrix no[ exceed 4D%
of allowable site GRFA, in acoordance with the p—mcns of Section 12-17,
Variances, Vail Town Code, located at 775 Potato Patch 13,WLot 19, Block 1,
Veil Potato Patch Filing 1, and setting font, details In regard thereto.
(PEC19-0050) 20 min.
Applicant: Scott Ryan & Foster Gillett, represented by Mauriello Planning
Group
Plannei, Edk Gates
2.2. Arequesl forarecommendaion to Ina Vail Town Council faxprescribed
regulation amendment pursuant to Section 12-3-7 Amendment, Vail Tawn Cade
to amend Section 12-10-6 Parking, Off $ite and Joint Facilhies, Vail Town Code,
to refine standards to be used m the review of such proposals and to clarity the
ew process and other considerations, and seting mfth details m regard
thereto. (PE020-0007) 90 min.
Applicant: Braun Assodates, Inc.
Planner: Greg Roy
3. Approval of Minutes
3.1. June 22, 2020 PEC Results
4. Ind—cliond Update
4.1.West VaII Master Plan Update
Planner: Matt Gannett
5. Adjournment
The applicetbns and Inlormaion about the proposals are available for public Inspection during regular
otlice hours at the Tawn of Vail Community Devel'Tant Devp'iart Brat, 75 S utthh FFm lcahearn inn'
public is invibadto attend the project odenlaUcnan�d
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grace pu ginthe
Town of Vail Communhy Devebpment Deperinent. Times and order of items are approximate, subject to
change, and cannot be balletl upon to determine at what time the Planning and EnAnonmeMel Commission
will consider an hem. Please call (970) 479-2138 for add tonal Intormat Please cal 1711 M sign
language iMerpretalm, Q no, prior to meeting ime.
Community Deyebpment Depa hment Publisted in the Vail Daily Jury 10, 2020. 0000598884
Ad #: 0000593667-01
THIS ITEM MAY AFFECT YOUR PROPERTY
Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning and
Your account number is: 1023233
nom anmbl ch ora miaaign Mznce wih oftiooil ,It
pu ngin=
3-8, Vail Town Code, onJuly 13, 2020 at 1:00 pm
PROOF OF PUBLICATION
in the Town of Vail Municipal Building.
Register in advance for his webi—
U 3-eb.—o,.us`webIoW—lsleoWN ET.
VAIL DAILY
6i 9 g�
STATE OF COLORADO
A,1 st fa the revlew of a variance from Section
12--e, Density C-1, Vail Town Coda, to allow
COUNTY OF EAGLE
for a variance to he requirement that a secondary
ilei`ro�aadsnia not meets 0%of allaowebi site
GRFA, in accordance it, the p 's ns of Section
V.11 Ton Code, —tad a1 775
12-17.Van—, Vawoca
I, Mark Wurzer, do solemnly swear that I am Publisher of
Potato
Patch FPingh1 Dalvalil nd setting fodetells to regard
the VAIL DAILY, that the same daily newspaper printed, in
thereto. (PEC1"D50)
Applicant. Scott Ryan B Foster Gillett,represented
whole or in part and published in the County of Eagle,
by Meurlello Planning Group
State of Colorado, and has a general circulation therein;
Planner: Erlk Gare.
that said newspaper has been published continuously and
The applications and intormation about1he propos-
s are ova labia ror pUblk Inspe ton during oMCB
uninterruptedly in said County of Eagle fora of
hou at pie Town of Vail Com unity Developmen
Demnment, 75 South Frontage Road. The publio
P Y `7 9 period
more than fifty-two consecutive weeks next prior to the
ted to attend site visits. Please ,It 970.479.
2138 u visit www.vailgov—planningfgr addition-
aI iMormation.
first publication of the annexed legal notice or
Signlanguage in erpretation available upon
advertisement and that said newspaper has published the
request with 24-hour nottcaton, dial 711.
Published June 26,2120 in the Vail Baily.
requested legal notice and advertisement as requested.
1011593667
The VAIL DAILY is an accepted legal advertising medium,
only forjurisdictions 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 6/26/2020 and that the last
publication of said notice was dated 6/26/2020 in the issue
of said newspaper.
In witness whereof, I have here unto set my hand this day,
6/30/2020.
Mark Wurzer. Publisher
Subscribed and sworn to before me, a notary public in and
for the County of Eagle, State of Colorado this day
6/30/2020.
Jerilynn Medina, Notary Public
My Commission Expires: August 3, 2020
.1Er�E �YM!J MEp!RdF
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