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Home My WebLink About2020-11-03 Agenda and Supporting Documentation Town Council Evening Meeting Agenda VAIL TO W N C O U N C IL R E G U L AR ME E TIN G Evening Agenda Virtual 6:00 PM, November 3, 2020 Meeting to be held Virtually (access High Five Access Media livestream https://www.highfivemedia.org/live-five the day of the meeting and visit https://www.vailgov.com/town-council to participate in public comment) Notes: Times of items are approximate, subject to c hange, and cannot be relied upon to determine what time C ounc il will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community conc ern, and any items that are not on the agenda. Please attempt to keep c omments to three minutes; time limits established are to provide efficienc y in the c onduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1.Citizen Participation (10 min.) 2.Any action as a result of executive session 3.Consent Agenda (5 min.) 3.1.E RW S D Temporary Access and Staging License Agreement Action Requested of Council: Approve the use of Town Land by E RW S D for the purposes of temporary construction access and staging. Background: E RW S D is replacing a 50+ year old Sanitary Sewer Main Bridge crossing over the Eagle River in Dowd J unction adjacent to the Gore Valley Trail Pedestrian Bridge. in order to complet the project E RW S D needs to access the site via the Gore Valley Trail and the existing gravel road that leads to the river. Also there is an existing large gravel area that is on Town property that could be used for construction staging. Staff Recommendation: Staff recommends approving the request and directing Town staff to work with the Town attorney to draft a temporary license agreement the can be executed by the Town Manager and E RW S D. 3.2.Staub Park Easement Request Action Requested of Council: Approve or deny a utility easement within Staub Park for telephone services. Background: The owners at 303 Gore Creek Drive (ROW Homes, Unit 12) along Gore Creek Drive near Staub Park is seeking to obtain a utility easement to run telephone services through Staub park to the rear of four residences. Staff Recommendation: Approve or deny a utility easement within Staub November 3, 2020 - Page 1 of 214 park for telephone services. 4.Town Manager Report (10 min.) 5.Action Items 5.1.Resolution No. 48, Series of 2020, A Resolution of the Vail Town Council Authorizing the Exercise of the Town's Eminent Domain Authority to Acquire Open Space Adjacent to Gore Creek 10 min. Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Resolution No. 48, Series of 2020 Background: I n 2017, 18 years after the Town acquired Tract C, 2 years after the Town adopted the Stream Tract Protection Ordinance, 1 year after the Town approved the Gore Creek Action Plan, and without the Town's consent, the property owners in the Eleventh Filing amended the Protective Covenants to expand the allowed uses in Tract C to allow for private encroachments and the maintenance of non-native vegetation. I n order to preserve Tract C as natural open space that is devoid of any privately- owned improvements or non-native vegetation, as originally intended, the Town now seeks to remove the Protective Covenants from Tract C and acquire unencumbered title to Tract C. C.R.S. § 38-1-105 (5) authorizes the Town to condemn all property interests in Tract C held by other persons Staff Recommendation: Approve Resolution No. 48, Series of 2020 5.2.Ordinance No. 16, Series of 2020, an Ordinance to amend Section 12-16- 7: Use Specific Criteria and Standards, Vail Town Code, to amend the use specific criteria for funiculars and other similar conveyances. 30 min. Presenter(s): J onathan Spence, Planning Manager Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 16, Series of 2020, upon first reading. Background: The proposed amendment will revise the criterion to allow for the use of a funicular to gain pedestrian access to accessory structures and recreation facilities/structures. Currently the use criterion restricts the use of funiculars to the access of residential dwellings only. Staff Recommendation: On October 12, 2020 the Planning and Environmental Commission (P E C) forwarded a unanimous recommendation, for approval, for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code. 6.Public Hearings 6.1.Ordinance No. 13, Series of 2020, 2nd Reading, Ordinance to replace Section 12-6I -8 Parking and Loading, Vail Town Code, with a new section, Section 12-6I -8 Mobility, to address mobility needs of residents in the Housing (H) Zone District 5 min. Presenter(s): J onathan Spence, Planning Manager Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 13, Series of 2020, upon second reading. Background: The proposed text amendment provides an enhanced framework for the development, review and enforcement of mobility plans within the Housing (H) zone district. The enhanced framework provides for the needed flexibility in the district while recognizing the necessity of adequate review provisions and performance standards. November 3, 2020 - Page 2 of 214 Staff Recommendation: On September 28, 2020, the Planning and Environmental Commission (P E C) forwarded a recommendation of approval (5-1 Gillette opposed) for a prescribed regulation amendment. 6.2.Ordinance No. 14, Series of 2020, 2nd Reading, Ordinance to add Section 13-14, Administrative Lot Line Adjustment and Elimination Procedures, Vail Town Code, to add an administrative procedure for the adjustment or elimination of lot lines between existing platted lots 10 min. Presenter(s): J onathan Spence, Planning Manager Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 14, Series of 2020, upon second reading. Background: Currently the Planning and Environmental Commission reviews applications for the adjustment or elimination of lot lines between existing platted lots as a Minor Subdivision. The Community Development Department and the Planning and Environmental Commission have expressed agreement that this public review has been unnecessary and did not add value, as a review for compliance with relevant standards had already occurred. Staff Recommendation: On September 28, 2020, the Planning and Environmental Commission (P E C) forwarded a unanimous recommendation, for approval, for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code. 7.Adjournment 7.1.Adjournment 7:15 pm (estimate) Meeting agendas and materials can be acc es s ed prior to meeting day on the Town of Vail webs ite www.vailgov.com. All town c ouncil meetings will be streamed live by High F ive Ac cess Media and available for public viewing as the meeting is happening. T he meeting videos are als o posted to High F ive Ac cess Media website the week following meeting day, www.highfivemedia.org. P leas e c all 970-479-2136 for additional information. S ign language interpretation is available upon reques t with 48 hour notification dial 711. November 3, 2020 - Page 3 of 214 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: E RW S D Temporary A ccess and S taging L icense A greement AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove the use of Town L and by E RW S D for the purposes of temporary construction access and staging. B AC K G RO UND: E RW S D is replacing a 50+ year old S anitary Sewer Main B ridge crossing over the Eagle River in Dowd J unction adjacent to the Gore Valley Trail Pedestrian B ridge. in order to complet the project E RW S D needs to access the site via the Gore Valley Trail and the existing gravel road that leads to the river. Also there is an existing large gravel area that is on Town property that could be used for construction staging. S TAF F RE C O M M E ND AT IO N: Staff recommends approving the request and directing Town staff to work with the Town attorney to draft a temporary license agreement the can be executed by the Town Manager and E RW S D. AT TAC H ME N TS: Description Memo Exhibit November 3, 2020 - Page 4 of 214 To: Town Council From: PW Department Date: 11/3/20 Subject: ERWSD Temporary Construction Access and Staging License Agreement I. SUMMARY ERWSD is planning on replacing a 50+ year old sewer main bridge crossing that crosses the Eagle River in Dowd Junction adjacent to the Gore Valley Trail pedestrian bridge. The project is currently out to bid and is scheduled to be completed next year. In order to complete the project ERWSD and their contractor will need to access the river via the Gore Valley Trail and an existing gravel road that leads down to the river, both on Town property. ERWSD is requesting permission to use the Gore Valley Trail and the gravel access road that is on Town property for the duration of the construction which is anticipated to be Spring through Fall of 2021. ERWSD is also requesting they be allowed to use an area located near the gravel road and adjacent to the old bridge that crosses Gore Creek as a construction staging area for the duration of the project. The proposed staging area is currently gravel and would require minimal restoration. Both the Gore Valley Trail and the staging area would be restored to original condition if damaged, a detour for the informal trail that cross the wood bridge across Gore Creek would be established, and erosion and sediment control would be installed appropriately to protect the creek. Traffic control would also be used when the Gore Valley Trail is being impacted by construction access. II. STAFF RECOMMENDATION Staff recommends approving this request and directing staff and the Town attorney to draft a Temporary License Agreement for the Town Manger and ERWSD to execute. November 3, 2020 - Page 5 of 214 November 3, 2020 - Page 6 of 214 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Staub P ark E asement Request AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove or deny a utility easement within Staub P ark for telephone services. B AC K G RO UND: The owners at 303 Gore Creek Drive (R O W Homes, Unit 12) along Gore Creek Drive near Staub P ark is seeking to obtain a utility easement to run telephone services through S taub park to the rear of four residences. S TAF F RE C O M M E ND AT IO N: Approve or deny a utility easement within S taub park for telephone services. AT TAC H ME N TS: Description Staff Memo Easement Request November 3, 2020 - Page 7 of 214 To: Town Council From: PW Department Date: 11/3/20 Subject: Staub Park Utility Easement Request I. SUMMARY The Residence at 303 Gore Creek Drive Unit 12 is requesting a 5’ utility easement on behalf of CenturyLink along the west property line of Staub Park in order to allow CenturyLink to install private service lines to Units 9,10,11,&12. The service lines should have been installed a couple years ago when the electric service was installed in front of the ROW homes within the Right of Way of Gore Creek Drive, but this work was not coordinated appropriately. Now that area of Gore Creek Drive has been repaved and is not easily accessible. The alternate to removing and replacing concrete/asphalt and private driveways is to excavate and install the telephone line within the landscape grassy area in Staub Park and around the back of the buildings to an existing utility easement. This alternate requires a 5’ easement from Unit 13 and/or the Town of Vail. II. STAFF RECOMMENDATION Staff recommends Town Council review the request and determine if granting an easement on Staub Park is appropriate in lieu of removing and replacing portions of asphalt and concrete within the ROW of Gore Creek Drive and private driveways. November 3, 2020 - Page 8 of 214 November 3, 2020 - Page 9 of 214 November 3, 2020 - Page 10 of 214 November 3, 2020 - Page 11 of 214 November 3, 2020 - Page 12 of 214 November 3, 2020 - Page 13 of 214 November 3, 2020 - Page 14 of 214 November 3, 2020 - Page 15 of 214 November 3, 2020 - Page 16 of 214 November 3, 2020 - Page 17 of 214 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Resolution No. 48, S eries of 2020, A Resolution of the Vail Town Council A uthorizing the E xercise of the Town's Eminent Domain A uthority to Acquire Open Space A djacent to Gore Creek P RE S E NT E R(S ): Matt Mire, Town Attorney AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments or deny Resolution No. 48, Series of 2020 B AC K G RO UND: I n 2017, 18 years after the Town acquired Tract C, 2 years after the Town adopted the S tream Tract Protection Ordinance, 1 year after the Town approved the Gore Creek A ction Plan, and without the Town's consent, the property owners in the E leventh F iling amended the Protective Covenants to expand the allowed uses in Tract C to allow for private encroachments and the maintenance of non-native vegetation. I n order to preserve Tract C as natural open space that is devoid of any privately-owned improvements or non-native vegetation, as originally intended, the Town now seeks to remove the Protective Covenants from Tract C and acquire unencumbered title to Tract C. C.R.S. § 38-1-105 (5) authorizes the Town to condemn all property interests in Tract C held by other persons S TAF F RE C O M M E ND AT IO N: A pprove Resolution No. 48, Series of 2020 AT TAC H ME N TS: Description Resolution No. 48, Series of 2020 November 3, 2020 - Page 18 of 214 Resolution No. 48, Series of 2020 RESOLUTION NO. 48 Series 2020 A RESOLUTION OF THE VAIL TOWN COUNCIL AUTHORIZING THE EXERCISE OF THE TOWN’S EMINENT DOMAIN AUTHORITY TO ACQUIRE OPEN SPACE ADJACENT TO GORE CREEK WHEREAS, the Town of Vail, Colorado (the “Town”) possesses the power of eminent domain pursuant to Article II, § 15 and Article XX, §§ 1 and 6 of the Colorado Constitution, Sections 1.2 and 13.11 of the Town’s Home Rule Charter, C.R.S. § 38 -1- 101, et seq., C.R.S. § 38-6-101, et seq., C.R.S. § 31-25-201, et seq., and C.R.S. § 29-7- 104, et seq.; WHEREAS, the Town may exercise the power of eminent domain for the public purpose of acquiring open space; WHEREAS, in 1999, Vail Resorts conveyed to the Town a fee interest in Tract C, Vail Village, Eleventh Filing ("Tract C"), described in the recorded plat for Tract C, a copy of which is attached hereto as Exhibit 1; WHEREAS, when the Town acquired Tract C, the Protective Covenants of Vail Village Eleventh Filing, a copy of which is attached hereto as Exhibit 2 (the "Protective Covenants"), limited the use of Tract C to natural open space; WHEREAS, Tract C generally follows the banks of Gore Creek; WHEREAS, in 2015, the Town adopted Chapter 14 of Title 5 of the Vail Town Code (the "Stream Tract Protection Ordinance") to regulate sensitive stream tract areas in the Town, prohibit private encroachments in such areas, and ensure that such areas remain natural open space; WHEREAS, in 2016, the Town approved the Gore Creek Action Plan to address water quality impairments and aquatic health issues affecting Gore Creek and its tributaries and to protect riparian and streamside vegetation; WHEREAS, in 2017, 18 years after the Town acquired Tract C, 2 years after th e Town adopted the Stream Tract Protection Ordinance, 1 year after the Town approved the Gore Creek Action Plan, and without the Town's consent, the property owners in the Eleventh Filing amended the Protective Covenants to expand the allowed uses in Tract C to allow for private encroachments and the maintenance of non-native vegetation; WHEREAS, in order to preserve Tract C as natural open space that is devoid of any privately-owned improvements or non-native vegetation, as originally intended, the Town now seeks to remove the Protective Covenants from Tract C and acquire unencumbered title to Tract C; November 3, 2020 - Page 19 of 214 Resolution No. 48, Series of 2020 WHEREAS, C.R.S. § 38-1-105 (5) authorizes the Town to condemn all property interests in Tract C held by other persons; and WHEREAS, the Town’s acquisition of an unencumbered fee interest in Tract C for its preservation as natural open space is necessary, serves a public purpose, and is consistent with the Gore Creek Action Plan and other Town efforts to restore Gore Creek and its tributaries and protect sensitive riparian landscapes. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: Section 1. The above recitals are incorporated herein by reference and adopted as findings of the Town Council. Section 2. The term “Tract C” means the real property more particularly described in the attached Exhibit 1, or certain interests in same, which are necessary for Tract C to remain natural open space. Section 3. The Town Council hereby finds the acquisition of an unencumbered fee interest in Tract C will serve a proper, public and municipal purpose and use, and that such acquisition is necessary and essential to this public purpose and use. The Town Council hereby declares its intent to acquire an unencumbered fee interest in Tract C for the purposes stated herein and, if necessary, to do so through the exercise of the power of eminent domain. Section 4. The Town Manager, the Town Attorney, the Town Manager’s designated representative(s), and any and all persons retained or employed by the Town in the prosecution of this matter are hereby directed to comply with all notice and good faith negotiation requirements set forth in C.R.S. § 38-1-101, et seq. Section 5. The Town Manager is authorized to make reasonable and good faith offers to offers to purchase from the affected landowners the necessary interests in Tract C, and the Town Manager is further authorized to execute agreements for the acquisition of same. Section 6. If, after engaging in good-faith negotiations, the Town is unable to acquire the necessary property rights, the Town Attorney and the Town's special counsel are hereby authorized to institute and prosecute eminent domain proceedings in the name of the Town so as to acquire an unencumbered fee interest in Tract C by condemnation. In the prosecution of any eminent domain actions to acquire an unencumbered fee interest in Tract C, the Town shall have and retain all rights and powers lawfully delegated to it by Article II, § 15 and Article XX, §§ 1 and 6 of the Colorado Constitution, Sections 1.2 and 13.11 of the Town’s Home Rule Charter, C.R.S. § 38 -1-101, et seq., C.R.S. § 38-6-101, et seq., C.R.S. § 31-25-201, et seq., and C.R.S. § 29-7-104, et seq. Section 7. If eminent domain proceedings are instituted, the Town Manager or designee, in consultation with the Town Attorney and the Town's special counsel, is November 3, 2020 - Page 20 of 214 Resolution No. 48, Series of 2020 authorized to retain such expert witnesses, including appraisers, as the Town determines are necessary for the eminent domain proceedings. Section 8. The Town Manager or designee, in consultation with the Town Attorney and the Town's special counsel, are hereby specifically authorized to make such reasonable or necessary amendments and corrections to the terms and legal descriptions of the property interests to be acquired, including authorization to include such additional or other property rights necessary or desirable for the Town. The Town Manager and Town Clerk are hereby authorized and directed to execute an acceptance of the interests in real property when acquired. Section 9. The Town Council hereby finds, determines and declares that this Resolution is promulgated under the general police power of the Town, that it is adopted for the health, safety and welfare of the public, and that this Resolution is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Resolution bears a rational relation to the proper legislative object sought to be obtained. Section 10. If any clause, sentence, paragraph or part of this Resolution or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 11. This Resolution shall become effective immediately upon adoption. INTRODUCED, READ, APPROVED AND ADOPTED this 3rd day of November 2020. ______________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk November 3, 2020 - Page 21 of 214 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Ordinance No. 16, Series of 2020, an Ordinance to amend S ection 12-16-7: Use S pecific Criteria and Standards, Vail Town Code, to amend the use specific criteria for funiculars and other similar conveyances. P RE S E NT E R(S ): J onathan S pence, Planning Manager AC T IO N RE Q UE S T E D O F C O UNC I L: T he Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 16, S eries of 2020, upon first reading. B AC K G RO UND: The proposed amendment will revise the criterion to allow for the use of a funicular to gain pedestrian access to accessory structures and recreation facilities/structures. Currently the use criterion restricts the use of funiculars to the access of residential dwellings only. S TAF F RE C O M M E ND AT IO N: On October 12, 2020 the Planning and Environmental Commission (P E C) forwarded a unanimous recommendation, for approval, for a prescribed regulation amendment, pursuant to Section 12-3-7, A mendment, Vail Town Code. AT TAC H ME N TS: Description Staff Memorandum Attachment A. Ordinance No. 16, Series of 2020 Attachment B. Staff Memorandum, P E C20-0023, October 12, 2020 with attachment Attachment C. P E C Minutes, October 12, 2020 Attachment D. Funicular Code Amendment Presentation Attachment D. Funicular Code Amendment Presentation November 3, 2020 - Page 22 of 214 TO: Vail Town Council FROM: Community Development Department DATE: November 3, 2020 SUBJECT: First reading of Ordinance No. 16, Series of 2020, an ordinance Code to amend Section 12-16-7: Use Specific Criteria and Standards, Vail Town Code, to amend the use specific criteria for funiculars and other similar conveyances and setting forth details in regard thereto. (PEC20- 0023) Applicant: Town of Vail Planner: Jonathan Spence I. SUMM ARY The applicant, Mauriello Planning Group representing LSC 27 LLC, is requesting a first reading of Ordinance No. 14, Series of 2020, an ordinance Code to amend Section 12-16-7: Use Specific Criteria and Standards, Vail Town Code, to amend the use specific criteria for funiculars and other similar conveyances and setting forth details in regard thereto. On October 12, the Planning and Environmental Commission (PEC) forwarded a unanimous recommendation, for approval, for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code. Please find the staff memorandum to the PEC included as Attachment B and the minutes from the October 12th meeting included as Attachment C. II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with m odifications, or deny Ordinance No. 16, Series of 2020, upon first reading. III. DESCRIPTION OF THE REQUEST The applicant is requesting a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend the use specific criteria for funiculars and other similar conveyances The proposed amendment will revise the criterion to allow for the use of a funicular to gain pedestrian access to accessory structures and recreation facilities/structures. Currently the use criterion restricts the use of funiculars to the access of residential dwellings only. November 3, 2020 - Page 23 of 214 Tow n of Vail Page 2 IV. BACKGROUND Prior to 2003, the use of funiculars and other similar conveyances was an accessory use in residential zone districts. As an accessory use (customary and incidental to permitted uses) review was limited to the Design Review Board (DRB) with no specific criteria. In 2003 staff proposed reclassifying the use as a Conditional Use in response to community concerns that as an accessory use the review process and community engagement were inadequate. On November 10, 2003, the Planning and Environmental Commission (PEC) voted to recommend approval of the request without any use specific criteria. Subsequently, the Town Council, upon review of the use reclassification, added use specific criteria. Use specific criteria are additional criterion for specific Conditional Uses. Examples of other uses with use specific criterion are Brewpubs and Bakeries. This new language was not remanded to the PEC for further analysis and consideration. The criterion added by the Town Council had unintended consequences of effectively banning new funiculars, specifically by limiting their use to situations where vehicular access to a dwelling unit was not possible due to identified site constraints. IV. PROPOSED TEXT AMENDMENT New language is shown in bold. 12-16-7 Use Specific Criteria and Standards The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by section 12-16-6 of this chapter. 11. Funiculars and other similar conveyances: a. Funiculars and other similar conveyances shall only be allowed when designed for the purpose of providing pedestrian access to a residential dwelling, an accessory structure, or recreation facility/structure, as determined by the planning and environmental commission. b. Funiculars and other similar conveyances shall only be allowed when significant site constraints prevent conventional means of vehicular access to the residential dwelling, an accessory structure, or recreation facility/structure, as determined by the planning and environmental commission. "Significant site constraints" shall be defined as natural features such as mature trees, natural drainages, stream courses, and other natural water features, rock outcroppings, wetlands, excessive slopes, other natural features, and existing structures that may create practical difficulties in the site planning and development of the lot. c. Funiculars and other similar conveyances shall only be allowed when designed to November 3, 2020 - Page 24 of 214 Tow n of Vail Page 3 be compatible with both the site upon which they are located and the residential dwelling to which they provide access, as determined by the planning and environmental commission. d. Funiculars and other similar conveyances shall only be allowed when designed to be appropriately screened. VI. REVIEW CRITERIA Section 12-3-7(C)(2) of the Zoning Regulations identifies the criteria that Town Council must consider for a change to the text of the code. These criteria include the following: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The proposed text amendment expands, in a limited manner, the use of funiculars on unique properties in the Town of Vail and furthers the general and specific purposes of the zoning regulations as follows (emphasis added): 12-1-2 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. 12-1-2 B 5. To conserve and maintain established community qualities and economic values. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. Staff finds this criterion to be met. 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 is compatible with the development objectives of the town and speaks to the origins of Vail and its Tyrolean roots. The following are relevant goals of the Town’s Comprehensive Plan: Vail Land Use Plan: November 3, 2020 - Page 25 of 214 Tow n of Vail Page 4 • Goal 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. • Goal 1.3. The quality of development should be maintained and upgraded whenever possible. • Goal 1.6. Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. • Goal 2.1. The community should emphasize its role as a destination resort while accommodating day visitors. Vail 20/20 • Sense of Place and Character: Vail values the strong history of the town and its unique character and legacy while acknowledging the importance of reinvention. This is reflected in the high quality of the built environment with design and features that endure over time. Staff finds this criterion to be met. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The criterion that was added by the Town Council in 2003 was not evaluated by the PEC and had the unintended consequence of effectively banning new funiculars, as demonstrated by no new development application or approvals in the last 17 years. The minor amendment is consistent with the underlying intent of the original language and maintains the additional review and community notification requirements of a Conditional Use. Staff finds this criterion to be met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The proposed text amendment clarifies the use of funiculars while maintaining the extra review process and criterion afforded Conditional Uses. The amendment preserves a harmonious, convenient, and workable relationship among land uses consistent with municipal objectives. November 3, 2020 - Page 26 of 214 Tow n of Vail Page 5 As a result, staff finds this criterion to be met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VI. RECOMMENDED MOTION Should the Vail Town Council choose to approve Ordinance No.16, Series of 2020, upon first reading, the Community Development Department recommends the Council pass the following motion: “The Vail Town Council approves, on first reading, Ordinance No. 16, Series of 2020, an ordinance Code to amend Section 12-16-7: Use Specific Criteria and Standards, Vail Town Code, to amend the use specific criteria for funiculars and other similar conveyances and setting forth details in regard thereto.” Should the Vail Town Council choose to approve Ordinance No. 16 Series of 2020, the Community Development Department recommends the Council m ake the following findings: “Based upon the review of the criteria outlined in Sections VIII of the Staff memorandum to the Planning and Environmental Commission dated October 12, 2020 and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.” VII. ATTACHMENTS A. Ordinance No. 16, Series of 2020 B. Staff Memorandum, PEC20-0023, October 12, 2020 C. PEC Minutes, October 12, 2020 November 3, 2020 - Page 27 of 214 ORDINANCE NO. 16 Series of 2020 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, TO AMEND SECTION 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS, VAIL TOWN CODE, TO AMEND THE USE SPECIFIC CRITERIA FOR FUNICULARS AND OTHER SIMILAR CONVEYANCES, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Planning and Environmental Commission (the “PEC”) held a properly noticed public hearing on the proposed amendment on October 12, 2020 in accordance with the provisions of the Vail Town Code; WHEREAS, the PEC recommended approval of the proposed amendment at its October 12, 2020 meeting, and has submitted its recommendation to the Town Council; WHEREAS, the Council finds that the proposed amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; WHEREAS, the Council finds that the proposed amendments further the general and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and WHEREAS, the Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 12-16-7(A)11, Funiculars and other similar conveyances, is hereby amended to read as follows: 11. Funiculars and other similar conveyances: a. Funiculars and other similar conveyances shall only be allowed when designed for the purpose of providing pedestrian access to a residential dwelling, an accessory structure, or recreation facility/structure, as determined by the planning and environmental commission. b. Funiculars and other similar conveyances shall only be allowed when significant site constraints prevent conventional means of vehicular access to the residential November 3, 2020 - Page 28 of 214 dwelling, an accessory structure, or recreation facility/structure, as determined by the planning and environmental commission. "Significant site constraints" shall be defined as natural features such as mature trees, natural drainages, stream courses, and other natural water features, rock outcroppings, wetlands, excessive slopes, other natural features, and existing structures that may create practical difficulties in the site planning and development of the lot. c. Funiculars and other similar conveyances shall only be allowed when designed to be compatible with both the site upon which they are located and the residential dwelling to which they provide access, as determined by the planning and environmental commission. d. Funiculars and other similar conveyances shall only be allowed when designed to be appropriately screened. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of November, 2020, and a public hearing for second reading of this Ordinance set for the 17th day of November, 2020, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Town Mayor ATTEST: ____________________________ November 3, 2020 - Page 29 of 214 Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 17th day of November, 2020. _____________________________ Dave Chapin, Town Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk November 3, 2020 - Page 30 of 214 TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 12, 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 12-16-7: Use Specific Criteria and Standards, Vail Town Code, to amend the use specific criteria for funiculars and other similar conveyances, and setting forth details in regard thereto. (PEC20-0023) Applicant: Mauriello Planning Group representing LSC 27 LLC Planner: Jonathan Spence I. SUMMARY The applicant, Mauriello Planning Group representing LSC 27 LLC, 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 12-16-7: Use Specific Criteria and Standards, Vail Town Code, to amend the use specific criteria for funiculars and other similar conveyances. Based upon staff’s review of the criteria outlined in Section VI 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 for the proposed Prescribed Regulations Amendment. II. DESCRIPTION OF REQUEST This is a request for a recommendation to the Vail Town Council to amend the use specific criteria for funiculars and other similar conveyances. The proposed amendment will revise the criterion to allow for the use of a funicular to gain pedestrian access to accessory structures and recreation facilities/structures. Currently the use criterion restricts the use of funiculars to the access of residential dwellings only. Please see Section IV of the report for the proposed modifications to the use criterion. III. BACKGROUND November 3, 2020 - Page 31 of 214 Town of Vail Page 2 Prior to 2003, the use of funiculars and other similar conveyances was an accessory use in residential zone districts. As an accessory use (customary and incidental to permitted uses) review was limited to the Design Review Board (DRB) with no specific criteria. In 2003 staff proposed reclassifying the use as a Conditional Use in response to community concerns that as an accessory use the review process and community engagement were inadequate. On November 10, 2003, the Planning and Environmental Commission (PEC) voted to recommend approval of the request without any use specific criteria. Subsequently, the Town Council, upon review of the use reclassification, added use specific criteria. Use specific criteria are additional criterion for specific Conditional Uses. Examples of other uses with use specific criterion are Brewpubs and Bakeries. This new language was not remanded to the PEC for further analysis and consideration. The criterion added by the Town Council had unintended consequences of effectively banning new funiculars, specifically by limiting their use to situations where vehicular access to a dwelling unit was not possible due to identified site constraints. IV. PROPOSED TEXT AMENDMENT New language is shown in bold. 12-16-7 Use Specific Criteria and Standards The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by section 12-16-6 of this chapter. 11. Funiculars and other similar conveyances: a. Funiculars and other similar conveyances shall only be allowed when designed for the purpose of providing pedestrian or vehicular access to a residential dwelling, an accessory structure, or recreation facility/structure, as determined by the planning and environmental commission. b. Funiculars and other similar conveyances shall only be allowed when significant site constraints prevent conventional means of pedestrian or vehicular access to the residential dwelling, an accessory structure, or recreation facility/structure, as determined by the planning and environmental commission. "Significant site constraints" shall be defined as natural features such as mature trees, natural drainages, stream courses, and other natural water features, rock outcroppings, wetlands, excessive slopes, other natural features, and existing structures that may create practical difficulties in the site planning and development of the lot. c. Funiculars and other similar conveyances shall only be allowed when designed to be compatible with both the site upon which they are located and the residential November 3, 2020 - Page 32 of 214 Town of Vail Page 3 dwelling to which they provide access, as determined by the planning and environmental commission. d. Funiculars and other similar conveyances shall only be allowed when designed to be appropriately screened. V. APPLICABLE PLANNING DOCUMENTS Title 12 – Zoning Regulations, Vail Town Code Section 3-7 Amendment (in part) A. Prescription: The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended or repealed by the town council in accordance with the procedures prescribed in this chapter. B. Initiation: 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. 2. A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the administrator. VI. REVIEW CRITERIA Section 12-3-7(C)(2) of the Zoning Regulations identifies the criteria that the Planning and Environmental Commission must consider before making a recommendation for a change to the text of the code. These criteria include the following: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and November 3, 2020 - Page 33 of 214 Town of Vail Page 4 The proposed text amendment expands, in a limited manner, the use of funiculars on unique properties in the Town of Vail and furthers the general and specific purposes of the zoning regulations as follows (emphasis added): 12-1-2 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. 12-1-2 B 5. To conserve and maintain established community qualities and economic values. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. Staff finds this criterion to be met. 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 is compatible with the development objectives of the town and speaks to the origins of Vail and its Tyrolean roots. The following are relevant goals of the Town’s Comprehensive Plan: Vail Land Use Plan: • Goal 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. • Goal 1.3. The quality of development should be maintained and upgraded whenever possible. • Goal 1.6. Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. • Goal 2.1. The community should emphasize its role as a destination resort while accommodating day visitors. November 3, 2020 - Page 34 of 214 Town of Vail Page 5 Vail 20/20 • Sense of Place and Character: Vail values the strong history of the town and its unique character and legacy while acknowledging the importance of reinvention. This is reflected in the high quality of the built environment with design and features that endure over time. Staff finds this criterion to be met. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The criterion that was added by the Town Council in 2003 was not evaluated by the PEC and had the unintended consequence of effectively banning new funiculars, as demonstrated by no new development application or approvals in the last 17 years. The minor amendment is consistent with the underlying intent of the original language and maintains the additional review and community notification requirements of a Conditional Use. Staff finds this criterion to be met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The proposed text amendment clarifies the use of funiculars while maintaining the extra review process and criterion afforded Conditional Uses. The amendment preserves a harmonious, convenient, and workable relationship among land uses consistent with municipal objectives. As a result, staff finds this criterion to be met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VII. STAFF RECOMMENDATION Based upon the analysis of the review criteria contained in Section VI of this memorandum and on the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission make a recommendation to the Vail Town Council to approve a Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-16-7: Use Specific Criteria and Standards, Vail Town Code, to amend the use specific criteria for funiculars and other similar conveyances, and setting forth details in regard thereto. November 3, 2020 - Page 35 of 214 Town of Vail Page 6 If the Planning and Environmental Commission chooses to recommend approval of the proposed text amendment, the Community Development Department recommends 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- 16-7: Use Specific Criteria and Standards, Vail Town Code, to amend the use specific criteria for funiculars and other similar conveyances, and setting forth details in regard thereto.” Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed Prescribed Regulation Amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section VI of the Community Development Department memorandum dated October 12, 2020 and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the zoning regulations; 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. VII. ATTACHMENTS A. Applicant's Narrative dated August 17, 2020 November 3, 2020 - Page 36 of 214 Funicular Conditional Use Permit & Zoning Regulations Amendment Location: 696 Forest Road / 2101-072-11-038 LOT 8, BLOCK 1, VAIL VILLAGE FILING 6 Date Submitted: August 17, 2020  696 FOREST ROAD November 3, 2020 - Page 37 of 214 INTRODUCTION The owners of 696 Forest Road / Lot 8, Block 1, Vail Village Filing 6, LSC 27 LLC, are requesting a Conditional Use Permit to allow for a funicular. The property is zoned Two-Family Primary/ Secondary Residential, and “funiculars” are allowed as a conditional use by Section 12-6D-3: Conditional Uses. In addition, the owners are requesting an amendment to Chapter 12-16: Conditional Use Permits, to amend the “Use Speciﬁc Criteria” for funiculars. The applicants have been approved to construct a recreation facility, which includes ski lockers and indoor recreational uses in a structure with a 745 sq. ft. footprint and exterior swimming pool. The recreation facility was originally approved on March 4, 2020, and construction began in July of 2020. The facility is proposed to be accessed via a funicular and a set of stairs. The Town Code deﬁnes a funicular (and similar conveyances) as: Exterior, tramlike vehicles, designed to move up and down steep slopes by use of rails or tracks. The Town Code distinguishes funiculars from ski lifts and tows as two separate uses within the Code. A ski lift and tow are not subject to use speciﬁc criteria that are applicable to a funicular. The proposed funicular is a 6-seater cab that is customized to match the architecture and materials of the home. The intent is that the cab will match the architecture of the home and will generally blend into the environment. The track is also proposed to be bronze, and varies in height between 4 ft. to 7 ft. off the ground to allow for snow clearance. The total length of track is 260 ft., and it will climb 105 ft. of elevation. The cab is driven by an electric variable speed motor at the top, which uses a cable and drum system, so noise is minimal, and well below the Town’s noise standards. Page of 2 21 Current construction at 696 Forest Rd. November 3, 2020 - Page 38 of 214 Page of 3 21 Proposed funicular cab. The cab will be customized to match the materials of the home. The materials used on the home will be used on the funicular, including timber siding, bronze frame, and copper metal shingles. November 3, 2020 - Page 39 of 214 BACKGROUND Funiculars have been used as a popular solution to moving people and freight up and down steep terrain since the 1860s. While many funicular systems are public methods of transportation, in mountain and resort communities, funicular systems have been privately developed as a method to overcome issues of connectivity where terrain prohibits the ability for pedestrians or vehicles to achieve access. For example, there are a couple of private funiculars in Telluride. Private funiculars are also popular in some lakeside resort communities to provide access down to the waterfront. In the Town of Vail prior to 2003, funiculars were approved as an accessory use to residential dwelling units. This means that there was no review required beyond Design Review. There have been a few funiculars constructed in the Town of Vail. There are two private funiculars currently in the Town of Vail. Both of these were constructed prior to 2003, and no new funiculars have been constructed since. There was previously a funicular in East Vail at 4842 Meadow Lane, however, this one was demolished as part of a demo/rebuild in 2015 so there is little available information on it. In addition, there is a private gondola that was constructed in the late 1980s, but a gondola is Page of 4 21 Six-person funicular at Element 52 in Telluride, CO Small funicular providing access from a private residence down to the waterfront. November 3, 2020 - Page 40 of 214 considered a ski lift and listed separately from funiculars. The existing funiculars and the private gondola are described in additional detail below: 2701 Davos Trail: The Town’s ﬁles on this property are corrupted and inaccessible so little is known about the background on this property. The residence at 2701 Davos Trail was constructed in 1981 and sits high on the lot, with signiﬁcant vertical separation from Davos Trail. In 1985, a separated garage was constructed at the street level, and in 1998 a funicular was constructed connecting the garage to the residence. Based on the information available, the funicular was treated as an accessory use to the residence and the Town’s data management system does not indicate that a conditional use permit was issued on this property. 97 Rockledge Road: The property at 97 Rockledge Road was redeveloped in the early 2000s. The funicular provides pedestrian access from Forest Road up to the residence on Rockledge Road. The funicular was part of a major redevelopment of two homes, 86 Forest Road and 97 Rockledge Road. The funicular was reviewed as an accessory use to the residence. Page of 5 21 Funicular located at 2701 Davos Trail. November 3, 2020 - Page 41 of 214 Following a neighbor controversy when this funicular was constructed, the Vail Town Council directed staff to amend the Zoning Code to require the issuance of a conditional use permit for funiculars. In 2003, the Town of Vail amended the Zoning Regulations to add regulations and requirements for “funiculars.” A deﬁnition was added into Chapter 12-2, which states: FUNICULARS AND OTHER SIMILAR CONVEYANCES: Exterior, tramlike vehicles, designed to move up and down steep slopes by use of rails or tracks. In addition, “funicular and other similar conveyances” was added as conditional use in the residential zone districts, including Hillside Residential, Single-Family Residential, Two-Family Residential, Two-Family Primary/Secondary Residential, Low Density Multiple-Family, Medium Density Multiple-Family, and High Density Multiple-Family, and Housing Districts. On November 10, 2003, the Planning and Environmental Commission voted to recommend approval of the request, which was then reviewed by the Town Council. What the PEC recommended was to simply require a conditional use permit without any use speciﬁc criteria. The Town Council decided that in addition to making funiculars a conditional use in the residential zone districts, additional use speciﬁc criteria should be added to Chapter 12-16: Conditional Use Permits. Ordinance No. 33, Series of 2003, was adopted by the Town Council Page of 6 21 Funicular located at 97 Rockledge Road. November 3, 2020 - Page 42 of 214 on second reading January 6, 2004. The use speciﬁc criteria for funiculars and other similar conveyances are as follows: 11. Funiculars and other similar conveyances: a. Funiculars and other similar conveyances shall only be allowed when designed for the purpose of providing access to a residential dwelling, as determined by the planning and environmental commission. b. Funiculars and other similar conveyances shall only be allowed when signiﬁcant site constraints prevent conventional means of vehicular access to the residential dwelling, as determined by the planning and environmental commission. "Signiﬁcant site constraints" shall be deﬁned as natural features such as mature trees, natural drainages, stream courses, and other natural water features, rock outcroppings, wetlands, excessive slopes, other natural features, and existing structures that may create practical difﬁculties in the site planning and development of the lot. c. Funiculars and other similar conveyances shall only be allowed when designed to be compatible with both the site upon which they are located and the residential dwelling to which they provide access, as determined by the planning and environmental commission. d. Funiculars and other similar conveyances shall only be allowed when designed to be appropriately screened from view, as determined by the planning and environmental commission. Page of 7 21 November 3, 2020 - Page 43 of 214 APPLICANT’S REQUEST The applicant’s request has two components: (1) a text amendment to allow more ﬂexibility in the approval of a funicular; and (2) a request for a conditional use permit based on this revised use speciﬁc criteria. The applicant is proposing slight changes to the use speciﬁc criteria, as proposed below (language to be added indicated in bold and underline): a. Funiculars and other similar conveyances shall only be allowed when designed for the purpose of providing pedestrian or vehicular access to a residential dwelling, an accessory structure, or recreation facility/structure, as determined by the planning and environmental commission. b. Funiculars and other similar conveyances shall only be allowed when signiﬁcant site constraints prevent conventional means of pedestrian or vehicular access to the residential dwelling, an accessory structure, or recreation facility/structure, as determined by the planning and environmental commission. "Signiﬁcant site constraints" shall be deﬁned as natural features such as mature trees, natural drainages, stream courses, and other natural water features, rock outcroppings, wetlands, excessive slopes, other natural features, and existing structures that may create practical difﬁculties in the site planning and development of the lot. c. Funiculars and other similar conveyances shall only be allowed when designed to be compatible with both the site upon which they are located and the residential dwelling to which they provide access, as determined by the planning and environmental commission. d. Funiculars and other similar conveyances shall only be allowed when designed to be appropriately screened from view, as determined by the planning and environmental commission. The changes allow for the use of a funicular to gain pedestrian access to accessory structures and recreation facilities/structures. The applicant believes allowing a funicular is more beneﬁcial than allowing for a ski lift, which is allowed without these additional criteria, as the impacts are less by not having towers and aerial trams located well above the ground. This change allows funiculars in a residential setting, in the same circumstances as ski lifts. The criteria for review of the zoning text amendment and conditional use permit are provided in the following sections. Page of 8 21 November 3, 2020 - Page 44 of 214 CRITERIA FOR REVIEW: ZONING REGULATIONS AMENDMENT Section 12-3-7: AMENDMENT, of the Vail Town Code provides the criteria for review of a prescribed regulations amendment. These criteria, along with an analysis, are provided below: 1.The extent to which the text amendment furthers the general and speciﬁc purposes of the zoning regulations; and Applicant Response: The general and speciﬁc purposes of the zoning regulations are provided in Section 12-1-2 of the Vail Town Code. The regulations state: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Speciﬁc: These regulations are intended to achieve the following more speciﬁc purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from ﬁre, panic, ﬂood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efﬁcient pedestrian and vehicular trafﬁc circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. Page of 9 21 November 3, 2020 - Page 45 of 214 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. The proposed text amendments are consistent with the general and speciﬁc purposes of the Zoning Regulations as noted above. Speciﬁcally related to Chapter 12-16, Conditional Uses, Vail Town Code, a funicular is an uncommon residential use that exhibits special characteristics that warrant additional consideration and review by the Town of Vail. The amendment is relatively minor, providing only some clariﬁcation to the regulations as adopted in 2003. The proposed amendment provides the ﬂexibility to allow such a use while ensuring the adequate review of such a “special” use. 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 Applicant Response: Funiculars, while relatively rare in the United States, have been transporting both people and cargo for generations in Europe. The use of a funicular to access a home, or other accessory structures on a property, harkens back to Vail’s Tyrolean roots, which is supported by various goals and objectives of the Vail Comprehensive Plan, as evidenced with the following: Vail 20/20 -Sense of Place and Character: Vail values the strong history of the town and its unique character and legacy while acknowledging the importance of reinvention. This is reﬂected in the high quality of the built environment with design and features that endure over time. -20/20 Vision: The pedestrian ambiance and scale of Vail Village and LionsHead continues into 2020, where the European alpine charm of Vail is replicated in its new development. -The unique character of Vail is evident from the Tyrolean building style that speaks of Vail’s history, to the mountain contemporary style that heralds technological advancement. Page of 10 21 November 3, 2020 - Page 46 of 214 The proposed text amendments better implement the goals, objectives, and policies of the Comprehensive Plan and are compatible with the development objectives of the Town. 3.The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Applicant Response: The applicant is not proposing major changes to the text of the regulations regarding funiculars. In fact, the amendment is minor, providing only additional clariﬁcation to the idea that a funicular may be permitted by a conditional use permit to access a portion of a residential unit or accessory and recreational structures/facilities that may be difﬁcult to access via conventional means, such as by vehicular access. When the regulation was adopted in 2003, it was in response to a neighbor concern about the funicular at 97 Rockledge Road. As an accessory use, no notiﬁcation to adjacent properties was required. As a result, the neighbors felt that they had no input on the impacts to adjacent property owners. With the requirement now for a conditional use permit, neighbors are notiﬁed of a proposed funicular and their comments and concerns can be addressed by both the applicant and the Planning and Environmental Commission. The applicant believes that the regulation, when adopted in 2003, did not appropriately take into consideration those circumstances where the use would be appropriate. The PEC never reviewed the use speciﬁc criteria in 2003, and thus never had the opportunity to evaluate the impacts of the regulations. Due to the signiﬁcant changes made to the regulations by the Town Council, the changes should have been remanded back to the PEC for review and recommendation. Now 17 years later, the applicant believes that the conditions that have changed are related to not recognizing reasonable circumstances who the use might be appropriate. The minor clariﬁcation to the use speciﬁc criteria for funiculars addresses 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 Applicant Response: A residential funicular is an uncommon and unique use. The Planning and Environmental Commission is afforded the ability to review the special characteristics of a funicular on an individual case-by-case basis. The Planning and Environmental Commission has Page of 11 21 November 3, 2020 - Page 47 of 214 the ability to evaluate a funicular in terms of operation (i.e. hours of use, noise, lighting, etc.) and compatibility with the site and the neighboring properties. Additionally, the Planning and Environmental Commission may impose conditions and limitations on the use of a funicular to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. Generally, the track for a funicular has a footprint of 1 to 8 sq. ft. for each 20 ft. section of track. The track also lets lots of light through, so vegetation can continue growing underneath the track. This is particularly important on hillsides as the vegetation adds stability to the slope. The proposed text amendments will better clarify the use of funiculars to provide a harmonious, convenient, and workable relationship among land uses consistent with municipal objectives. 5.Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. Applicant Response: Any additional questions by the Planning and Environmental Commission can be addressed as necessary. Page of 12 21 November 3, 2020 - Page 48 of 214 CRITERIA FOR REVIEW: CONDITIONAL USE PERMIT Section 12-16-6: CRITERIA AND FINDINGS, of the Vail Town Code provides the criteria for review for a conditional use approval. These criteria, along with an analysis, are provided below: 1.The relationship and impact of the use on development objectives of the town. Applicant Response: When the Vail Land Use Plan was adopted in 1986, and again when it was updated in 2009, there has been an emphasis on creating a destination resort community ambiance similar to what one would ﬁnd in Europe. The Vail 20/20 plan recognizes the Tyrolean character of the town, while at the same time acknowledges the “importance of reinvention.” The use of a funicular similar to those used in similarly steep environments in Europe to help residents access their homes and portions of their property is a unique and appropriate way of giving the residents of this property access to the ski slopes. In reviewing the Vail Land Use Plan and the Vail 20/20 plan, this is an advancement that pays homage to the Tyrolean style destination ski resort that Vail has become. Vail Land Use Plan -1.6. Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley ﬂoor. New projects should be carefully controlled and developed with sensitivity to the environment. 4.3. The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality). -2. Land Use Pattern. The pattern of existing land uses in Vail has been shaped by the natural characteristics of the Valley in concert with the man-made features that have been constructed over the years. The predominant features of the Valley which have played a major role in Vail’s design include the proximity of steep slopes, the location of Gore Creek and its ﬂoodplain, the location of the ski mountain and attendant ski facilities and the presence of a major transportation corridor – Interstate 70 and its interchanges. -3. Development proposals on the hillsides may be appropriate, in a limited number of cases, for low density residential uses. These proposals would need to be evaluated on a case-by- Page of 13 21 November 3, 2020 - Page 49 of 214 case basis, with development being carefully controlled as to sensitivity to the environment and visibility from the Valley ﬂoor. Vail 20/20 -Sense of Place and Character: Vail values the strong history of the town and its unique character and legacy while acknowledging the importance of reinvention. This is reﬂected in the high quality of the built environment with design and features that endure over time. -20/20 Vision: The pedestrian ambiance and scale of Vail Village and LionsHead continues into 2020, where the European alpine charm of Vail is replicated in its new development. -The unique character of Vail is evident from the Tyrolean building style that speaks of Vail’s history, to the mountain contemporary style that heralds technological advancement. The proposed funicular has little impact on the development objectives of the Town but acts to reﬂect the development objectives by allowing less impactful way of gaining access to accessory structures or recreation structures/facilities versus that of a driveway or paved trail. 2.The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools parks and recreation facilities, and other public facilities and public facilities needs. Applicant Response: The proposed funicular is for private use only for a home in a two-family residential district and will be used to transport residents of the home to their recreation facility. Therefore, it will have no impact on light and air, distribution of population, transportation facilities, utilities, schools parks and recreation facilities, and other public facilities and public facilities needs. Page of 14 21 November 3, 2020 - Page 50 of 214 3.Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, tra ffi c ﬂow and control, access, maneuverability, and removal of snow from the streets and parking areas. Applicant Response: The proposed funicular is for private use only for a home in a two-family residential district. Therefore, it will have no impact on trafﬁc. 4.Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Applicant Response: There are two other homes in the vicinity that utilize solutions to move people on the sleep terrain. One home also has a private funicular, while the other home has a private gondola. The funicular offers the opportunity to move people from one place on the steep property to another in a minimally intrusive yet safe way. The exterior of the funicular will blend with the natural environment and has been designed to be compatible with the site and the surrounding area. The proposed funicular is a 6-person cab that is customized to match the architecture and materials of the home. The total length of track is 260 ft., and it will climb 105 ft. of elevation. The site is heavily treed, and the applicant has made every effort to preserve the natural vegetation on the site, working closely with staff and the Design Review Board. The track is proposed to be bronze, and varies in height between 4 ft. to 7 ft. off the ground to allow for snow clearance. The cab is driven by an Page of 15 21 Gondola located at 330 Rockledge Road. Funicular located at 97 Rockledge Road. November 3, 2020 - Page 51 of 214 electric variable speed motor at the top, which uses a cable and drum system, so noise is minimal. The drum system is located within an enclosure, as shown in the photo. The system meets the setback requirement of 15 ft., and as indicated on the speciﬁcations, without any mitigating factors, the decibel level is 41 db at 15 ft., well within noise limitations of the Town of Vail. The speciﬁcation for the noise levels is provided below: The proposed funicular is designed to be screened from view both from above on the ski slope as well as from below the residential dwelling. There is signiﬁcant existing vegetation which screens the funicular track and the DRB and staff will review the landscape plan to ensure proper screening of the track. The applicant proposes to make the track disappear from view of any neighbors. Because the funicular is located behind the existing home, and due to dense vegetation, it cannot be viewed from the public street. The cab will be parked at the bottom or top of the track, directly adjacent to structure and generally disappear from view. Page of 16 21 Cable and drum motor system which powers the funicular. November 3, 2020 - Page 52 of 214 5.Such other factors and criteria as the commission deems applicable to the proposed use. Applicant Response: Any additional questions by the Planning and Environmental Commission can be addressed as necessary. 6.The environmental impact report concerning the proposed use, if an environmental impact report is required by chapter 12 of this title. Applicant Response: No Environmental Impact Report is required for this application. Page of 17 21 November 3, 2020 - Page 53 of 214 CRITERIA FOR REVIEW: USE SPECIFIC CRITERIA AND STANDARDS Section 12-16-7(11): USE SPECIFIC CRITERIA AND STANDARDS, Funiculars and other similar conveyances, of the Vail Town Code provides the criteria for review for a conditional use approval. The criteria are proposed to be amended concurrently with this application and the language below reﬂects the proposed change, with the text to be added underlined for reference. These criteria, along with an analysis, are provided below: a.Funiculars and other similar conveyances shall only be allowed when designed for the purpose of providing pedestrian or vehicular access to a residential dwelling, an accessory structure, or recreation facility/structure, as determined by the planning and environmental commission. Applicant Response: The funicular requested here is to provide access between the recreational facility (a portion of a residential dwelling) near the ski slope and the residential dwelling at the bottom, and therefore complies with this criterion. The applicant explored other options to access the facility, including vehicular access (use by right), paved trail for use by an all terrain vehicle (use by right) or the use of a ski lift or tow (conditional use permit). It was determined that a funicular would minimize site disturbance as it can follow the natural slope and allows for a route that reduces the need for removal of trees. Low noise and limited visibility were also important considerations. A private gondola, similar to the existing gondola at 330 Rockledge Road, remains an option for the property depending on the outcome of this application. This would Page of 18 21 Drone shot of the construction occurring for the recreation facility of 696 Forest Road. The applicant has worked closely with Town staff and DRB to project the existing vegetation. November 3, 2020 - Page 54 of 214 still require a conditional use permit, but the review of a gondola is not subject to these additional review criteria that a funicular is subject to. b.Funiculars and other similar conveyances shall only be allowed when signiﬁcant site constraints prevent conventional means of pedestrian or vehicular access to the residential dwelling, an accessory structure, or recreation facility/structure, as determined by the planning and environmental commission. "Signiﬁcant site constraints" shall be deﬁned as natural features such as mature trees, natural drainages, stream courses, and other natural water features, rock outcroppings, wetlands, excessive slopes, other natural features, and existing structures that may create practical difficulties in the site planning and development of the lot. Applicant Response: The property at 696 Forest Road is heavily forested with large aspen trees, with slopes in excess of 40% in some locations. The elevation gain from the bottom of the lot to the top is more than 300 feet and the proposed funicular climbs 105 feet in elevation. These constitute signiﬁcant site constraints that prevent accessing the recreation facility by conventional means, and thus the proposed funicular complies with this criterion. A vehicular access would need to traverse the site to allow for appropriate grade, which would then require the elimination of a large number of trees and the need for extensive grading. The proposed funicular is a more sensitive solution that reduces permanent scarring of the landscape. In this instance, the funicular is being requested for the purpose of safely providing a means of moving residents between the recreational facility near the ski slopes and the existing home. It will be surrounded by trees and will have minimal visual impact to surrounding properties. Page of 19 21 Existing vegetation and steep slopes at 696 Forest Road. November 3, 2020 - Page 55 of 214 c.Funiculars and other similar conveyances shall only be allowed when designed to be compatible with both the site upon which they are located and the residential dwelling to which they provide access, as determined by the planning and environmental commission. Applicant Response: The proposed funicular is designed to be compatible with the site and the surrounding area as well as to be compatible with the home. The proposed funicular is a 6- person cab that is custom bronze metal and wood siding. The intent is that that cab will match the architecture of the home and will generally blend into the environment. The track is also proposed to be bronze, and varies in height between 4 ft. to 7 ft. off the ground to allow for snow clearance. The total length of track is 240 ft., and it will climb 105 ft. of elevation. The cab is driven by an electric variable speed motor at the top, which uses a cable and drum system, so noise is minimal. d.Funiculars and other similar conveyances shall only be allowed when designed to be appropriately screened from view, as determined by the planning and environmental commission. Applicant Response: The proposed funicular is designed to be screened from view both from above on the ski slope as well as from below the residential dwelling. There is signiﬁcant existing vegetation which screens the funicular track. Additional landscaping may also be required by the DRB. As a result, the funicular will be screened from view and complies with this criterion. Page of 20 21 Example of the funicular track proposed and how it can blend with the site. November 3, 2020 - Page 56 of 214 ADJACENT PROPERTIES MAURIELLO PLANNING GROUP PO BOX 4777 EAGLE, CO 81631 RUMFORD, THEA J. 675 FOREST RD. VAIL, CO 81657-5518 EPGT LLC, CORPORATION TRUST CENTER 1209 N. ORANGE ST. WILMINGTON, DE 19801-1120 LSC 27 LLC 4514 COLE AVE STE 1175 DALLAS, TX 75205-4183 COLMAR LLC MAHER 3465 N PINES WAY STE104 #71 WILSON, WY 83014-9129 KAUFFMAN, JULIA IRENE 5955 MISSION DR PRAIRIE VILLAGE, KS 66208-1206 670 FOREST RD LLC 6464 S QUEBEC ST STE 400 ENGLEWOOD, CO 80111-6730 MILLERS LIONSHEAD LLC, JEFF FENTRISS 12770 MERIT DR., STE 300 DALLAS, TX 75251-1402 VAIL HOLDINGS LLC 800 S DOUGLAS RD FL 12 CORAL GABLES, FL 33134-3125 OSTLING, PAUL J. & DANITA K. 1196 SMITH RIDGE RD. NEW CANAAN, CT 06840-2332 TREE LINE LLC, BECKETT, TACKETT & JETEL, PLLC 7800 N. MOPAC EXPY, STE. 210 AUSTIN, TX 78759-8959 THOMAS S. IRWIN AND CECELIA J. IRWIN REVOCABLE TRUST 2018 16 VITTORIA RDG BOERNE, TX 78006-4702 HATHORN, MARY M. - ENGLEMAN, JOHN 655 FOREST RD VAIL, CO 81657-5517 UNITED STATES OF AMERICA W 6TH AVE & KIPLING ST LAKEWOOD, CO 80225-0546 706 FOREST ROAD B LLC PO BOX 2181 EDWARDS, CO 81632-2181 Page of 21 21 November 3, 2020 - Page 57 of 214 P L ANNI NG AND E NV I RO NM E NTAL C O M M I S S I O N October 12, 2020, 1:00 P M Virtual 75 S. F rontage Road - Vail, Colorado, 81657 1.Call to Order 1.1.Register in advance for this webinar: https://us02web.zoom.us/webinar/register/W N_4L_TjmME S C2fq0dX P DqUfg 1.2.Attendance Present: Ludwig Kurz, Karen Perez, Rollie Kjesbo, Brian Gillette, Henry Pratt, Pete Seibert, J ohn-Ryan Lockman Absent: None 2.J oint W orksession with Vail Local Housing Authority 2.1.J oint worksession to discuss housing goals and policies including possible revision to the Commercial Linkage and I nclusionary Zoning programs. 60 min. 3.Main Agenda 3.1.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 12-23-6: Methods of Mitigation and Section 12-24- 6: Methods of Mitigation, Vail Town Code, to update the Payment of Fees in Lieu provisions of Commercial Linkage and I nclusionary Zoning, and setting forth details in regard thereto. (P E C20-0027) Staff and the applicant have requested this item be tabled to November 9, 2020. 2 min. Applicant:Town of Vail, represented by George Ruther Planner: Rollie Kjesbo moved to table to November 23, 2020. Brian Gillette seconded the motion and it passed (7-0). 3.2.A request for review of Major Exterior Alteration, pursuant to Section 12-7H- 7, Exterior Alterations or Modifications, Vail Town Code, to allow for the conversion of eleven (11) fractional units to fee simple whole ownership units, located at 701 W est Lionshead Circle/Lot 3, Block 2, Vail Lionshead Filing 3, and setting forth details in regard thereto. (P E C20-0022) 30 min. Applicant:Lion Vail L L C Planner:J onathan Spence Planner Spence gives a brief presentation on the application and the history of previous applications that have taken place affecting the site. November 3, 2020 - Page 58 of 214 Rocky Cortina representing the applicant gives some insight into the rental situation taking place on the property and which units are selling or being rented the most. Fractional ownerships are not as popular as they were when the building was being built. No public comment or questions from the Commission. Rollie Kjesbo moved to approve. Brian Gillette seconded the motion and it passed (7-0). 3.3.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 12-16-7: Use Specific Criteria and Standards, Vail Town Code, to amend the use specific criteria for funiculars and other similar conveyances, and setting forth details in regard thereto. (P E C20- 0023) 30 min. Applicant:L S C 27 LLC, represented by Mauriello Planning Group Planner:J onathan Spence 1. The word "vehicular" be removed from the proposed changes to Section 12-16-7A (11)A and the words "pedestrian or" be removed from the proposed changes to Section 12-16-7A (11)B by the applicant prior to the Town Council meeting. Planner Spence introduces the applicant and references the recommendation given by staff in the memorandum. Pratt asks for background on the approval process for a funicular. Spence lays out the process to go through to get approval for a funicular. Kurz asks if the Tramway Board of Colorado is a reviewing agency for funiculars. Spence does not believe so but defers to the applicant to answer in full. Mauriello begins his presentation and gives some background. Goes into some of the criteria needed for a Conditional Use Permit (C UP) to install a funicular. The applicant compares funiculars to ski lifts in terms of impact and how a ski lift does not have additional criteria for a C UP and could be installed on a single-family lot. Some examples of existing funiculars and a private gondola are listed and explained. Goes over how one of the funiculars on Forest road created a controversy which led Town Council to change a funicular to a conditional use. Town Council added specific criteria at the meeting and did not remand the application back to the Planning and Environmental Commission. The application is looking to amend certain parts of the section to make it more flexible. He then goes over the specific changes proposed in the language. Gillette expresses concern that it may be too restricting still and could be broader to include patio or deck. Mauriello explains that’s possible and that they were trying to propose as little change as possible. Goes into explanation of minimal activity or noise November 3, 2020 - Page 59 of 214 produced by funiculars. Spence adds that the change could be simply done with a few words added to the proposed change. Gillette wants to know what is needed to do small additions to lots like patios. There is nothing prohibiting you from using your lot if steep, so why not let people do this? Perez is concerned with the “vehicular” portion as people may start using ATVs or snowmobiles to access and how that could be a big impact. Gillette gives a possible explanation of how a vehicle funicular would affect. Spence adds that funiculars could not be the sole access for a home per fire code. Michael Suman adds a small description of what a funicular is. Perez says while they can be small they could be large as well. Does there need to be language added to limit it to residential use or could it be limited to a conditional use? Spence adds that those concerns could be addressed as this is a conditional use and needs another round of review. Mauriello adds that they could strike out the “vehicular” part and still move forward. Suman adds again that a house would not be built up a hill without the garage at the bottom. Spence clarifies why the language was included, coming from another section. I t could also be appropriate to strike the “pedestrian of” out of section B. Perez and applicant agree with this. Kurz asks what the grade is between house and recreation facility for the example shown. Suman estimates between 35-40 degrees. There is no public comment. Rollie Kjesbo moved to recommend approval with conditions. Brian Gillette seconded the motion and it passed (7-0). 3.4.A request for review of an exemption plat, pursuant to Title 13 Chapter 12, Exemption Plat, Vail Town Code, to allow for increases to the allowable Site Coverage and Gross Residential Floor Area (GRFA) allotment for individual lots within the Spraddle Creek Estates subdivision, and setting forth details in regard thereto. (P E C20-0015) 45 min. Applicant:Spraddle Creek Estates Homeowners, represented by Zehren and Associates Planner:J onathan Spence November 3, 2020 - Page 60 of 214 Planner Spence goes over the reason why the application is back for another round of discussion before asking for a recommendation. He lists the requests made by the P E C at the previous meeting for more information needed. Spence adds how the application has been changed and the additional information that was reported. Pratt asks about changing the HR language and if that would satisfy the request. Spence adds that it could be done that way, but a plat would still have to be amended. Pratt clarifies that this is the only property in the HR district. Gillette doesn’t get how we can amend if they are voluntarily capping some of the lots. Spence adds that this could have been an S D D from the start since this is the only property in this town with this zoning. Pratt asks if this was the result of a negotiation. Spence clarifies how there was a designated use for Hillside, but no zoning and the zoning came at a later date. Gillette asks exactly what the application is now. Spence clarifies and says changing the HR district would be another, longer process. There is a general discussion among commissioners and staff on how this application could be sufficed without a plat and if amending the zoning district would be more appropriate. The discussion turns to the allotted amount of GRFA and if it is warranted. W hat has changed since the original approval and does that support the request? Gillette explains how he sees this as correcting a mistake that was done in the plat. Seibert says that the reason for restricting GRFA is to limit visibility and that has not changed. They still have a prominent location and adding to that could undo the reason for putting the restriction in place. There is concern about where the square footage would be added. More discussion takes place on how building envelopes or GRFA would affect the visibility takes place amongst those present. Kurz asks if the cap listed would hold over to buyers of those properties in the future. Spence clarifies with explaining the chart. Pratt doesn’t like the disconnect but understands how the caps could be a problem in the future. He doesn’t see how language could be written that wouldn’t be arbitrary. David Kaselak, representative of the applicant, answers some questions on November 3, 2020 - Page 61 of 214 visibility, and how a plat note would negate any future legal issues. Spence asks for additional feedback on materials needed and if there are any more comments. Gillette still has questions on clarity of comparable areas of town. How would this affect the area and what would additional GRFA look like. Discussion on design and restrictions in the area takes place. Gillette asks for a photo rendering on what the difference would look like. Lockman adds that he’s agreed with some comments earlier on the arbitrary numbers being proposed. I t would be appropriate to give them a commensurate increase with GRFA that other areas enjoyed. Kjesbo voices his support of the comments by Gillette. Kurz adds a question on whether there is a public benefit associated with the application? Spence adds that there is none proposed. There is no public comment. Brian Gillette moved to table to October 26, 2020. Pete Seibert seconded the motion and it passed (7-0). 4.Approval of Minutes 4.1.September 28, 2020 P E C Results Rollie Kjesbo moved to approve. Karen Perez seconded the motion and it passed (6-0). Abstain:(1)Seibert 5.Adjournment Rollie Kjesbo moved to adjourn. Karen Perez seconded the motion and it passed (7-0). The applications and information about the proposals are available for public inspec tion during regular offic e 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 vis its that prec ede the public hearing in the Tow n of Vail Community Development Department. Times and order of items are approximate, subject to c hange, and c annot be relied upon to determine at w hat time the Planning and Environmental Commission w ill c onsider an item. Please c all (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department November 3, 2020 - Page 62 of 214 ZONING REGULATIONS TEXT AMENDMENT FOR A FUNICULAR INTRODUCTION TO THE TEAM ▸Michael Suman, Suman Architects ▸Dominic Mauriello, Mauriello Planning Group November 3, 2020 - Page 63 of 214 INTRODUCTION TO THE PROPOSAL ▸Owners are requesting an amendment to Chapter 12-16: Conditional Use Permits, to amend the “Use Speciﬁc Criteria” for funiculars. November 3, 2020 - Page 64 of 214 INTRODUCTION TO THE PROPOSAL ▸Owners were approved to construct a recreation facility, which includes ski lockers and indoor recreational uses in a structure with a 745 sq. ft. footprint and exterior swimming pool. ▸The recreation facility was originally approved on March 4, 2020, and construction began in July of 2020. ▸The facility is proposed to be accessed via a funicular and a set of stairs. November 3, 2020 - Page 65 of 214 LOCATION OF THE PROPERTY 696 FOREST ROAD November 3, 2020 - Page 66 of 214 November 3, 2020 - Page 67 of 214 CAB DESIGN November 3, 2020 - Page 68 of 214 BACKGROUND ▸Funiculars used as popular solution to moving people / freight up and down steep terrain since 1860s ▸In mountain and resort communities, funicular systems have been privately developed as method to overcome issues of connectivity where terrain prohibits ability for pedestrians or vehicles to achieve access ▸Several exist in Vail November 3, 2020 - Page 69 of 214 BACKGROUND ▸Prior to 2003, funiculars were approved as an accessory use to residential dwelling units ▸ This means that there was no review required beyond Design Review November 3, 2020 - Page 70 of 214 BACKGROUND ▸There are two private funiculars currently in the Town of Vail ▸Both were constructed prior to 2003 ▸Previously there was a funicular in East Vail at 4842 Meadow Lane ▸Demolished as part of a demo/rebuild in 2015 so little available information ▸There is a private gondola that was constructed in the late 1980s, but a gondola is considered a ski lift and listed separately from funiculars November 3, 2020 - Page 71 of 214 2701 DAVOS TRAIL ▸Town’s ﬁles on this property are corrupted and inaccessible so little is known about background on this 2701 Davos Trail ▸Residence at 2701 Davos Trail was constructed in 1981 ▸Residence sits high on the lot, with signiﬁcant vertical separation from Davos Trail November 3, 2020 - Page 72 of 214 2701 DAVOS TRAIL ▸In 1985, a separated garage was constructed at the street level ▸In 1998, a funicular was constructed connecting the garage to the residence ▸Funicular was treated as an accessory use to the residence November 3, 2020 - Page 73 of 214 97 ROCKLEDGE ROAD ▸97 Rockledge Road was redeveloped in the early 2000s ▸Funicular provides pedestrian access from Forest Road up to the residence on Rockledge Road ▸Funicular was part of a major redevelopment of two homes, 86 Forest Road and 97 Rockledge Road ▸Funicular was approved as an accessory use to the residence ▸No PEC review was required (no neighbor notiﬁcation) ▸Only DRB reviewed and approved November 3, 2020 - Page 74 of 214 97 ROCKLEDGE ROAD ▸Following a neighbor controversy when this funicular was constructed, the Vail Town Council directed staff to amend the Zoning Code to require the issuance of a conditional use permit for funiculars ▸PEC review ▸Neighbor notiﬁcation required November 3, 2020 - Page 75 of 214 CONDITIONAL USE PERMIT FOR FUNICULARS ▸Staff proposed a deﬁnition of “funicular” and to add it as a conditional use in the residential zone districts ▸On November 10, 2003, the Planning and Environmental Commission voted to recommend approval of staff’s proposal ▸PEC recommended approval - to simply require a conditional use permit without any use speciﬁc criteria November 3, 2020 - Page 76 of 214 CONDITIONAL USE PERMIT FOR FUNICULARS ▸Town Council decided in addition to making funiculars a conditional use, use speciﬁc criteria should be added to Chapter 12-16: Conditional Use Permits ▸Ordinance No. 33, Series of 2003, was adopted by the Town Council on second reading January 6, 2004 ▸Added deﬁnition of funicular ▸Added funiculars as a conditional use in residential zone districts ▸Added use speciﬁc criteria into Chapter 16 November 3, 2020 - Page 77 of 214 FUNICULAR DEFINITION ▸The Town Code deﬁnes a funicular (and similar conveyances) as: Exterior, tramlike vehicles, designed to move up and down steep slopes by use of rails or tracks. November 3, 2020 - Page 78 of 214 CURRENT LANGUAGE FOR USE SPECIFIC CRITERIA FOR FUNICULARS 11. Funiculars and other similar conveyances: a.Funiculars and other similar conveyances shall only be allowed when designed for the purpose of providing access to a residential dwelling, as determined by the planning and environmental commission. b.Funiculars and other similar conveyances shall only be allowed when signiﬁcant site constraints prevent conventional means of vehicular access to the residential dwelling, as determined by the planning and environmental commission. "Signiﬁcant site constraints" shall be deﬁned as natural features such as mature trees, natural drainages, stream courses, and other natural water features, rock outcroppings, wetlands, excessive slopes, other natural features, and existing structures that may create practical difﬁculties in the site planning and development of the lot. c.Funiculars and other similar conveyances shall only be allowed when designed to be compatible with both the site upon which they are located and the residential dwelling to which they provide access, as determined by the planning and environmental commission. d.Funiculars and other similar conveyances shall only be allowed when designed to be appropriately screened from view, as determined by the planning and environmental commission. November 3, 2020 - Page 79 of 214 APPLICANT’S PROPOSAL ▸The applicant’s request has two components: 1. Text amendment to allow more ﬂexibility in the approval of a funicular 2.Request for a conditional use permit based on this revised use speciﬁc criteria. WE WILL GO BACK TO PEC AFTER TOWN COUNCIL REVIEW OF THE TEXT AMENDMENT FOR #2 November 3, 2020 - Page 80 of 214 PROPOSED TEXT AMENDMENT a. Funiculars and other similar conveyances shall only be allowed when designed for the purpose of providing pedestrian access to a residential dwelling, an accessory structure, or recreation facility/structure, as determined by the planning and environmental commission. Text to be added is indicated in BOLD and UNDERLINE November 3, 2020 - Page 81 of 214 PROPOSED TEXT AMENDMENT b. Funiculars and other similar conveyances shall only be allowed when signiﬁcant site constraints prevent conventional means of vehicular access to the residential dwelling, an accessory structure, or recreation facility/structure, as determined by the planning and environmental commission. "Signiﬁcant site constraints" shall be deﬁned as natural features such as mature trees, natural drainages, stream courses, and other natural water features, rock outcroppings, wetlands, excessive slopes, other natural features, and existing structures that may create practical difﬁculties in the site planning and development of the lot. Text to be added is indicated in BOLD and UNDERLINE November 3, 2020 - Page 82 of 214 PROPOSED TEXT AMENDMENT c. Funiculars and other similar conveyances shall only be allowed when designed to be compatible with both the site upon which they are located and the residential dwelling to which they provide access, as determined by the planning and environmental commission. d. Funiculars and other similar conveyances shall only be allowed when designed to be appropriately screened from view, as determined by the planning and environmental commission. Text to be added is indicated in BOLD and UNDERLINE NO CHANGE November 3, 2020 - Page 83 of 214 APPLICANT’S PROPOSAL ▸Changes allow for the use of a funicular to gain pedestrian access to accessory structures and recreation facilities/structures ▸Applicant believes allowing a funicular is more beneﬁcial than allowing for a ski lift as impacts are less by not having towers and aerial trams located well above the ground ▸Change allows funiculars in a residential setting, in the same circumstances as ski lifts November 3, 2020 - Page 84 of 214 PEC RECOMMENDATION ▸Unanimous recommendation of approval November 3, 2020 - Page 85 of 214 CRITERIA FOR REVIEW: TEXT AMENDMENT November 3, 2020 - Page 86 of 214 ZONING REGULATIONS TEXT AMENDMENT THE EXTENT TO WHICH THE TEXT AMENDMENT FURTHERS THE GENERAL AND SPECIFIC PURPOSES OF THE ZONING REGULATIONS ▸ The general and speciﬁc purposes of the zoning regulations are provided in Section 12-1-2 of the Vail Town Code. The regulations state: ▸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. CRITERION 1 November 3, 2020 - Page 87 of 214 ZONING REGULATIONS TEXT AMENDMENT THE EXTENT TO WHICH THE TEXT AMENDMENT FURTHERS THE GENERAL AND SPECIFIC PURPOSES OF THE ZONING REGULATIONS ▸B. Speciﬁc: These regulations are intended to achieve the following more speciﬁc purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from ﬁre, panic, ﬂood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efﬁcient pedestrian and vehicular trafﬁc circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. CRITERION 1 November 3, 2020 - Page 88 of 214 ZONING REGULATIONS TEXT AMENDMENT THE EXTENT TO WHICH THE TEXT AMENDMENT FURTHERS THE GENERAL AND SPECIFIC PURPOSES OF THE ZONING REGULATIONS ▸Proposed text amendments are consistent with general and speciﬁc purposes of Zoning Regulations ▸Speciﬁcally related to Chapter 12-16, Conditional Uses, Vail Town Code, a funicular is an uncommon residential use that exhibits special characteristics that warrant additional consideration and review ▸Amendment is relatively minor, providing only some clariﬁcation to the regulations as adopted in 2003 ▸Proposed amendment provides ﬂexibility to allow such a use while ensuring the adequate review of such a “special” use CRITERION 1 November 3, 2020 - Page 89 of 214 ZONING REGULATIONS TEXT AMENDMENT 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 CRITERION 2 ▸Funiculars, while relatively rare in the United States, have been transporting both people and cargo for generations in Europe. ▸The use of a funicular to access a home, or other accessory structures on a property, harkens back to Vail’s Tyrolean roots, which is supported by various goals and objectives of the Vail Comprehensive Plan, evidenced with the following: INTERNATIONAL EXAMPLES November 3, 2020 - Page 90 of 214 ZONING REGULATIONS TEXT AMENDMENT 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 CRITERION 2 ▸Vail 20/20 ▸Sense of Place and Character: Vail values the strong history of the town and its unique character and legacy while acknowledging the importance of reinvention. This is reﬂected in the high quality of the built environment with design and features that endure over time. ▸20/20 Vision: The pedestrian ambiance and scale of Vail Village and LionsHead continues into 2020, where the European alpine charm of Vail is replicated in its new development. ▸The unique character of Vail is evident from the Tyrolean building style that speaks of Vail’s history, to the mountain contemporary style that heralds technological advancement. ▸The proposed text amendments better implement the goals, objectives, and policies of the Comprehensive Plan and are compatible with the development objectives of the Town. November 3, 2020 - Page 91 of 214 ZONING REGULATIONS TEXT AMENDMENT THE EXTENT TO WHICH THE TEXT AMENDMENT DEMONSTRATES HOW CONDITIONS HAVE SUBSTANTIALLY CHANGED SINCE THE ADOPTION OF THE SUBJECT REGULATION AND HOW THE EXISTING REGULATION IS NO LONGER APPROPRIATE OR IS INAPPLICABLE ▸Applicant is not proposing major changes to the text of the regulations regarding funiculars. ▸Amendment is minor, providing only additional clariﬁcation to the idea that a funicular may be permitted by a conditional use permit to access a portion of a residential unit or accessory and recreational structures/facilities that may be difﬁcult to access via conventional means, such as by vehicular access. CRITERION 3 November 3, 2020 - Page 92 of 214 ZONING REGULATIONS TEXT AMENDMENT THE EXTENT TO WHICH THE TEXT AMENDMENT DEMONSTRATES HOW CONDITIONS HAVE SUBSTANTIALLY CHANGED SINCE THE ADOPTION OF THE SUBJECT REGULATION AND HOW THE EXISTING REGULATION IS NO LONGER APPROPRIATE OR IS INAPPLICABLE ▸When the regulation was adopted in 2003, it was in response to a neighbor concern about the funicular at 97 Rockledge Road. ▸As an accessory use, no notiﬁcation to adjacent properties was required. ▸As a result, the neighbors felt that they had no input on the impacts to adjacent property owners. CRITERION 3 Funicular located at 97 Rockledge Road. November 3, 2020 - Page 93 of 214 ZONING REGULATIONS TEXT AMENDMENT THE EXTENT TO WHICH THE TEXT AMENDMENT DEMONSTRATES HOW CONDITIONS HAVE SUBSTANTIALLY CHANGED SINCE THE ADOPTION OF THE SUBJECT REGULATION AND HOW THE EXISTING REGULATION IS NO LONGER APPROPRIATE OR IS INAPPLICABLE ▸With requirement for a conditional use permit, neighbors are notiﬁed of a proposed funicular and their comments and concerns can be addressed by applicant and PEC. ▸Applicant believes that regulation, when adopted in 2003, did not appropriately take into consideration those circumstances where the use would be appropriate. ▸PEC never reviewed use speciﬁc criteria in 2003, and never had opportunity to evaluate the impacts of the regulations. ▸Due to signiﬁcant changes made to regulations by the Town Council, the changes should have been remanded back to PEC for review and recommendation. CRITERION 3 November 3, 2020 - Page 94 of 214 ZONING REGULATIONS TEXT AMENDMENT THE EXTENT TO WHICH THE TEXT AMENDMENT DEMONSTRATES HOW CONDITIONS HAVE SUBSTANTIALLY CHANGED SINCE THE ADOPTION OF THE SUBJECT REGULATION AND HOW THE EXISTING REGULATION IS NO LONGER APPROPRIATE OR IS INAPPLICABLE ▸Now 17 years later, the applicant believes that the conditions that have changed are related to not recognizing reasonable circumstances who the use might be appropriate. ▸Minor clariﬁcation to the use speciﬁc criteria for funiculars addresses this criterion. CRITERION 3 November 3, 2020 - Page 95 of 214 ZONING REGULATIONS TEXT AMENDMENT THE EXTENT TO WHICH THE TEXT AMENDMENT PROVIDES A HARMONIOUS, CONVENIENT, WORKABLE RELATIONSHIP AMONG LAND USE REGULATIONS CONSISTENT WITH MUNICIPAL DEVELOPMENT OBJECTIVES ▸A residential funicular is an uncommon and unique use. ▸PEC is afforded the ability to review the special characteristics of a funicular on an individual case-by-case basis. ▸PEC has the ability to evaluate a funicular in terms of operation (i.e. hours of use, noise, lighting, etc.) and compatibility with the site and the neighboring properties. ▸PEC may impose conditions and limitations on the use of a funicular to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. CRITERION 4 November 3, 2020 - Page 96 of 214 ZONING REGULATIONS TEXT AMENDMENT THE EXTENT TO WHICH THE TEXT AMENDMENT PROVIDES A HARMONIOUS, CONVENIENT, WORKABLE RELATIONSHIP AMONG LAND USE REGULATIONS CONSISTENT WITH MUNICIPAL DEVELOPMENT OBJECTIVES ▸Track for funicular has a footprint of 8 sq. ft. for each 20 ft. section of track. ▸Lets lots of light through, so vegetation can continue growing underneath the track. ▸Particularly important on hillsides as the vegetation adds stability to slope. ▸Proposed amendments will better clarify the use of funiculars to provide a harmonious, convenient, and workable relationship among land uses consistent with municipal objectives. CRITERION 4 Example of the funicular track proposed and how it can blend with the site. November 3, 2020 - Page 97 of 214 ZONING REGULATIONS TEXT AMENDMENT SUCH OTHER FACTORS AND CRITERIA THE PLANNING AND ENVIRONMENTAL COMMISSION AND/OR COUNCIL DEEM APPLICABLE TO THE PROPOSED TEXT AMENDMENT. ▸Any additional questions by the Planning and Environmental Commission can be addressed as necessary. CRITERION 5 November 3, 2020 - Page 98 of 214 CONCLUSION ▸Proposal is consistent with the criteria for review of a zoning text amendment. ▸Changes allow for the use of a funicular to gain pedestrian access to accessory structures and recreation facilities/structures. ▸Applicant believes allowing a funicular is more beneﬁcial than allowing for a ski lift as impacts are less by not having towers and aerial trams located well above the ground. ▸Change allows funiculars in a residential setting, in the same circumstances as ski lifts. November 3, 2020 - Page 99 of 214 THANK YOU FOR YOUR TIME AND CONSIDERATION ON THIS MATTER November 3, 2020 - Page 100 of 214 ZONING REGULATIONS TEXT AMENDMENT FOR A FUNICULAR INTRODUCTION TO THE TEAM ▸Michael Suman, Suman Architects ▸Dominic Mauriello, Mauriello Planning Group November 3, 2020 - Page 101 of 214 INTRODUCTION TO THE PROPOSAL ▸Owners are requesting an amendment to Chapter 12-16: Conditional Use Permits, to amend the “Use Speciﬁc Criteria” for funiculars. November 3, 2020 - Page 102 of 214 INTRODUCTION TO THE PROPOSAL ▸Owners were approved to construct a recreation facility, which includes ski lockers and indoor recreational uses in a structure with a 745 sq. ft. footprint and exterior swimming pool. ▸The recreation facility was originally approved on March 4, 2020, and construction began in July of 2020. ▸The facility is proposed to be accessed via a funicular and a set of stairs. November 3, 2020 - Page 103 of 214 LOCATION OF THE PROPERTY 696 FOREST ROAD November 3, 2020 - Page 104 of 214 November 3, 2020 - Page 105 of 214 CAB DESIGN November 3, 2020 - Page 106 of 214 BACKGROUND ▸Funiculars used as popular solution to moving people / freight up and down steep terrain since 1860s ▸In mountain and resort communities, funicular systems have been privately developed as method to overcome issues of connectivity where terrain prohibits ability for pedestrians or vehicles to achieve access ▸Several exist in Vail November 3, 2020 - Page 107 of 214 BACKGROUND ▸Prior to 2003, funiculars were approved as an accessory use to residential dwelling units ▸ This means that there was no review required beyond Design Review November 3, 2020 - Page 108 of 214 BACKGROUND ▸There are two private funiculars currently in the Town of Vail ▸Both were constructed prior to 2003 ▸Previously there was a funicular in East Vail at 4842 Meadow Lane ▸Demolished as part of a demo/rebuild in 2015 so little available information ▸There is a private gondola that was constructed in the late 1980s, but a gondola is considered a ski lift and listed separately from funiculars November 3, 2020 - Page 109 of 214 2701 DAVOS TRAIL ▸Town’s ﬁles on this property are corrupted and inaccessible so little is known about background on this 2701 Davos Trail ▸Residence at 2701 Davos Trail was constructed in 1981 ▸Residence sits high on the lot, with signiﬁcant vertical separation from Davos Trail November 3, 2020 - Page 110 of 214 2701 DAVOS TRAIL ▸In 1985, a separated garage was constructed at the street level ▸In 1998, a funicular was constructed connecting the garage to the residence ▸Funicular was treated as an accessory use to the residence November 3, 2020 - Page 111 of 214 97 ROCKLEDGE ROAD ▸97 Rockledge Road was redeveloped in the early 2000s ▸Funicular provides pedestrian access from Forest Road up to the residence on Rockledge Road ▸Funicular was part of a major redevelopment of two homes, 86 Forest Road and 97 Rockledge Road ▸Funicular was approved as an accessory use to the residence ▸No PEC review was required (no neighbor notiﬁcation) ▸Only DRB reviewed and approved November 3, 2020 - Page 112 of 214 97 ROCKLEDGE ROAD ▸Following a neighbor controversy when this funicular was constructed, the Vail Town Council directed staff to amend the Zoning Code to require the issuance of a conditional use permit for funiculars ▸PEC review ▸Neighbor notiﬁcation required November 3, 2020 - Page 113 of 214 CONDITIONAL USE PERMIT FOR FUNICULARS ▸Staff proposed a deﬁnition of “funicular” and to add it as a conditional use in the residential zone districts ▸On November 10, 2003, the Planning and Environmental Commission voted to recommend approval of staff’s proposal ▸PEC recommended approval - to simply require a conditional use permit without any use speciﬁc criteria November 3, 2020 - Page 114 of 214 CONDITIONAL USE PERMIT FOR FUNICULARS ▸Town Council decided in addition to making funiculars a conditional use, use speciﬁc criteria should be added to Chapter 12-16: Conditional Use Permits ▸Ordinance No. 33, Series of 2003, was adopted by the Town Council on second reading January 6, 2004 ▸Added deﬁnition of funicular ▸Added funiculars as a conditional use in residential zone districts ▸Added use speciﬁc criteria into Chapter 16 November 3, 2020 - Page 115 of 214 FUNICULAR DEFINITION ▸The Town Code deﬁnes a funicular (and similar conveyances) as: Exterior, tramlike vehicles, designed to move up and down steep slopes by use of rails or tracks. November 3, 2020 - Page 116 of 214 CURRENT LANGUAGE FOR USE SPECIFIC CRITERIA FOR FUNICULARS 11. Funiculars and other similar conveyances: a.Funiculars and other similar conveyances shall only be allowed when designed for the purpose of providing access to a residential dwelling, as determined by the planning and environmental commission. b.Funiculars and other similar conveyances shall only be allowed when signiﬁcant site constraints prevent conventional means of vehicular access to the residential dwelling, as determined by the planning and environmental commission. "Signiﬁcant site constraints" shall be deﬁned as natural features such as mature trees, natural drainages, stream courses, and other natural water features, rock outcroppings, wetlands, excessive slopes, other natural features, and existing structures that may create practical difﬁculties in the site planning and development of the lot. c.Funiculars and other similar conveyances shall only be allowed when designed to be compatible with both the site upon which they are located and the residential dwelling to which they provide access, as determined by the planning and environmental commission. d.Funiculars and other similar conveyances shall only be allowed when designed to be appropriately screened from view, as determined by the planning and environmental commission. November 3, 2020 - Page 117 of 214 APPLICANT’S PROPOSAL ▸The applicant’s request has two components: 1. Text amendment to allow more ﬂexibility in the approval of a funicular 2.Request for a conditional use permit based on this revised use speciﬁc criteria. WE WILL GO BACK TO PEC AFTER TOWN COUNCIL REVIEW OF THE TEXT AMENDMENT FOR #2 November 3, 2020 - Page 118 of 214 PROPOSED TEXT AMENDMENT a. Funiculars and other similar conveyances shall only be allowed when designed for the purpose of providing pedestrian access to a residential dwelling, an accessory structure, or recreation facility/structure, as determined by the planning and environmental commission. Text to be added is indicated in BOLD and UNDERLINE November 3, 2020 - Page 119 of 214 PROPOSED TEXT AMENDMENT b. Funiculars and other similar conveyances shall only be allowed when signiﬁcant site constraints prevent conventional means of vehicular access to the residential dwelling, an accessory structure, or recreation facility/structure, as determined by the planning and environmental commission. "Signiﬁcant site constraints" shall be deﬁned as natural features such as mature trees, natural drainages, stream courses, and other natural water features, rock outcroppings, wetlands, excessive slopes, other natural features, and existing structures that may create practical difﬁculties in the site planning and development of the lot. Text to be added is indicated in BOLD and UNDERLINE November 3, 2020 - Page 120 of 214 PROPOSED TEXT AMENDMENT c. Funiculars and other similar conveyances shall only be allowed when designed to be compatible with both the site upon which they are located and the residential dwelling to which they provide access, as determined by the planning and environmental commission. d. Funiculars and other similar conveyances shall only be allowed when designed to be appropriately screened from view, as determined by the planning and environmental commission. Text to be added is indicated in BOLD and UNDERLINE NO CHANGE November 3, 2020 - Page 121 of 214 APPLICANT’S PROPOSAL ▸Changes allow for the use of a funicular to gain pedestrian access to accessory structures and recreation facilities/structures ▸Applicant believes allowing a funicular is more beneﬁcial than allowing for a ski lift as impacts are less by not having towers and aerial trams located well above the ground ▸Change allows funiculars in a residential setting, in the same circumstances as ski lifts November 3, 2020 - Page 122 of 214 PEC RECOMMENDATION ▸Unanimous recommendation of approval November 3, 2020 - Page 123 of 214 CRITERIA FOR REVIEW: TEXT AMENDMENT November 3, 2020 - Page 124 of 214 ZONING REGULATIONS TEXT AMENDMENT THE EXTENT TO WHICH THE TEXT AMENDMENT FURTHERS THE GENERAL AND SPECIFIC PURPOSES OF THE ZONING REGULATIONS ▸ The general and speciﬁc purposes of the zoning regulations are provided in Section 12-1-2 of the Vail Town Code. The regulations state: ▸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. CRITERION 1 November 3, 2020 - Page 125 of 214 ZONING REGULATIONS TEXT AMENDMENT THE EXTENT TO WHICH THE TEXT AMENDMENT FURTHERS THE GENERAL AND SPECIFIC PURPOSES OF THE ZONING REGULATIONS ▸B. Speciﬁc: These regulations are intended to achieve the following more speciﬁc purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from ﬁre, panic, ﬂood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efﬁcient pedestrian and vehicular trafﬁc circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. CRITERION 1 November 3, 2020 - Page 126 of 214 ZONING REGULATIONS TEXT AMENDMENT THE EXTENT TO WHICH THE TEXT AMENDMENT FURTHERS THE GENERAL AND SPECIFIC PURPOSES OF THE ZONING REGULATIONS ▸Proposed text amendments are consistent with general and speciﬁc purposes of Zoning Regulations ▸Speciﬁcally related to Chapter 12-16, Conditional Uses, Vail Town Code, a funicular is an uncommon residential use that exhibits special characteristics that warrant additional consideration and review ▸Amendment is relatively minor, providing only some clariﬁcation to the regulations as adopted in 2003 ▸Proposed amendment provides ﬂexibility to allow such a use while ensuring the adequate review of such a “special” use CRITERION 1 November 3, 2020 - Page 127 of 214 ZONING REGULATIONS TEXT AMENDMENT 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 CRITERION 2 ▸Funiculars, while relatively rare in the United States, have been transporting both people and cargo for generations in Europe. ▸The use of a funicular to access a home, or other accessory structures on a property, harkens back to Vail’s Tyrolean roots, which is supported by various goals and objectives of the Vail Comprehensive Plan, evidenced with the following: INTERNATIONAL EXAMPLES November 3, 2020 - Page 128 of 214 ZONING REGULATIONS TEXT AMENDMENT 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 CRITERION 2 ▸Vail 20/20 ▸Sense of Place and Character: Vail values the strong history of the town and its unique character and legacy while acknowledging the importance of reinvention. This is reﬂected in the high quality of the built environment with design and features that endure over time. ▸20/20 Vision: The pedestrian ambiance and scale of Vail Village and LionsHead continues into 2020, where the European alpine charm of Vail is replicated in its new development. ▸The unique character of Vail is evident from the Tyrolean building style that speaks of Vail’s history, to the mountain contemporary style that heralds technological advancement. ▸The proposed text amendments better implement the goals, objectives, and policies of the Comprehensive Plan and are compatible with the development objectives of the Town. November 3, 2020 - Page 129 of 214 ZONING REGULATIONS TEXT AMENDMENT THE EXTENT TO WHICH THE TEXT AMENDMENT DEMONSTRATES HOW CONDITIONS HAVE SUBSTANTIALLY CHANGED SINCE THE ADOPTION OF THE SUBJECT REGULATION AND HOW THE EXISTING REGULATION IS NO LONGER APPROPRIATE OR IS INAPPLICABLE ▸Applicant is not proposing major changes to the text of the regulations regarding funiculars. ▸Amendment is minor, providing only additional clariﬁcation to the idea that a funicular may be permitted by a conditional use permit to access a portion of a residential unit or accessory and recreational structures/facilities that may be difﬁcult to access via conventional means, such as by vehicular access. CRITERION 3 November 3, 2020 - Page 130 of 214 ZONING REGULATIONS TEXT AMENDMENT THE EXTENT TO WHICH THE TEXT AMENDMENT DEMONSTRATES HOW CONDITIONS HAVE SUBSTANTIALLY CHANGED SINCE THE ADOPTION OF THE SUBJECT REGULATION AND HOW THE EXISTING REGULATION IS NO LONGER APPROPRIATE OR IS INAPPLICABLE ▸When the regulation was adopted in 2003, it was in response to a neighbor concern about the funicular at 97 Rockledge Road. ▸As an accessory use, no notiﬁcation to adjacent properties was required. ▸As a result, the neighbors felt that they had no input on the impacts to adjacent property owners. CRITERION 3 Funicular located at 97 Rockledge Road. November 3, 2020 - Page 131 of 214 ZONING REGULATIONS TEXT AMENDMENT THE EXTENT TO WHICH THE TEXT AMENDMENT DEMONSTRATES HOW CONDITIONS HAVE SUBSTANTIALLY CHANGED SINCE THE ADOPTION OF THE SUBJECT REGULATION AND HOW THE EXISTING REGULATION IS NO LONGER APPROPRIATE OR IS INAPPLICABLE ▸With requirement for a conditional use permit, neighbors are notiﬁed of a proposed funicular and their comments and concerns can be addressed by applicant and PEC. ▸Applicant believes that regulation, when adopted in 2003, did not appropriately take into consideration those circumstances where the use would be appropriate. ▸PEC never reviewed use speciﬁc criteria in 2003, and never had opportunity to evaluate the impacts of the regulations. ▸Due to signiﬁcant changes made to regulations by the Town Council, the changes should have been remanded back to PEC for review and recommendation. CRITERION 3 November 3, 2020 - Page 132 of 214 ZONING REGULATIONS TEXT AMENDMENT THE EXTENT TO WHICH THE TEXT AMENDMENT DEMONSTRATES HOW CONDITIONS HAVE SUBSTANTIALLY CHANGED SINCE THE ADOPTION OF THE SUBJECT REGULATION AND HOW THE EXISTING REGULATION IS NO LONGER APPROPRIATE OR IS INAPPLICABLE ▸Now 17 years later, the applicant believes that the conditions that have changed are related to not recognizing reasonable circumstances who the use might be appropriate. ▸Minor clariﬁcation to the use speciﬁc criteria for funiculars addresses this criterion. CRITERION 3 November 3, 2020 - Page 133 of 214 ZONING REGULATIONS TEXT AMENDMENT THE EXTENT TO WHICH THE TEXT AMENDMENT PROVIDES A HARMONIOUS, CONVENIENT, WORKABLE RELATIONSHIP AMONG LAND USE REGULATIONS CONSISTENT WITH MUNICIPAL DEVELOPMENT OBJECTIVES ▸A residential funicular is an uncommon and unique use. ▸PEC is afforded the ability to review the special characteristics of a funicular on an individual case-by-case basis. ▸PEC has the ability to evaluate a funicular in terms of operation (i.e. hours of use, noise, lighting, etc.) and compatibility with the site and the neighboring properties. ▸PEC may impose conditions and limitations on the use of a funicular to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. CRITERION 4 November 3, 2020 - Page 134 of 214 ZONING REGULATIONS TEXT AMENDMENT THE EXTENT TO WHICH THE TEXT AMENDMENT PROVIDES A HARMONIOUS, CONVENIENT, WORKABLE RELATIONSHIP AMONG LAND USE REGULATIONS CONSISTENT WITH MUNICIPAL DEVELOPMENT OBJECTIVES ▸Track for funicular has a footprint of 8 sq. ft. for each 20 ft. section of track. ▸Lets lots of light through, so vegetation can continue growing underneath the track. ▸Particularly important on hillsides as the vegetation adds stability to slope. ▸Proposed amendments will better clarify the use of funiculars to provide a harmonious, convenient, and workable relationship among land uses consistent with municipal objectives. CRITERION 4 Example of the funicular track proposed and how it can blend with the site. November 3, 2020 - Page 135 of 214 ZONING REGULATIONS TEXT AMENDMENT SUCH OTHER FACTORS AND CRITERIA THE PLANNING AND ENVIRONMENTAL COMMISSION AND/OR COUNCIL DEEM APPLICABLE TO THE PROPOSED TEXT AMENDMENT. ▸Any additional questions by the Planning and Environmental Commission can be addressed as necessary. CRITERION 5 November 3, 2020 - Page 136 of 214 CONCLUSION ▸Proposal is consistent with the criteria for review of a zoning text amendment. ▸Changes allow for the use of a funicular to gain pedestrian access to accessory structures and recreation facilities/structures. ▸Applicant believes allowing a funicular is more beneﬁcial than allowing for a ski lift as impacts are less by not having towers and aerial trams located well above the ground. ▸Change allows funiculars in a residential setting, in the same circumstances as ski lifts. November 3, 2020 - Page 137 of 214 THANK YOU FOR YOUR TIME AND CONSIDERATION ON THIS MATTER November 3, 2020 - Page 138 of 214 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Ordinance No. 13, Series of 2020, 2nd Reading, Ordinance to replace Section 12-6I -8 P arking and L oading, Vail Town Code, with a new section, Section 12-6I -8 Mobility, to address mobility needs of residents in the Housing (H) Zone District P RE S E NT E R(S ): J onathan S pence, Planning Manager AC T IO N RE Q UE S T E D O F C O UNC I L: T he Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 13, S eries of 2020, upon second reading. B AC K G RO UND: The proposed text amendment provides an enhanced framework for the development, review and enforcement of mobility plans within the Housing (H) zone district. T he enhanced framework provides for the needed flexibility in the district while recognizing the necessity of adequate review provisions and performance standards. S TAF F RE C O M M E ND AT IO N: On S eptember 28, 2020, the P lanning and E nvironmental Commission (P E C) forwarded a recommendation of approval (5-1 Gillette opposed) for a prescribed regulation amendment. AT TAC H ME N TS: Description Staff Memorandum Attachment A. Ordinance No. 13, Series of 2020 Attachment B. Staff Memorandum, P E C20-0019, September 28, 2020 Attachment C. P E C Minutes, September 28, 2020 November 3, 2020 - Page 139 of 214 TO: Vail Town Council FROM: Community Development Department DATE: November 3, 2020 SUBJECT: Second reading of Ordinance No. 13, Series of 2020, an ordinance to replace Section 12-6I-8 Parking and Loading, Vail Town Code, with a new section, Section 12-6I-8 Mobility, to address mobility needs of residents in the Housing (H) Zone District, and setting forth details in regard thereto. (PEC20-0021) Applicant: Town of Vail Planner: Jonathan Spence I. SUMM ARY The applicant, Town of Vail, is requesting a second reading of Ordinance No. 13, Series of 2020, an ordinance to replace Section 12-6I-8 Parking and Loading, Vail Town Code, with a new section, Section 12-6I-8 Mobility, to address mobility needs of residents in the Housing (H) Zone District. On September 28, 2019, the Planning and Environmental Commission (PEC) forwarded a recommendation of approval (5-1 Gillette opposed) for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code. Please find the staff memorandum to the PEC included as Attachment B and the minutes from the September 28th meeting included as Attachment C. On October 20, 2002 the Vail Town Council unanimously approved ordinance No. 13, Series of 2020 on first reading with direction to amend Section A concerning the submittal requirement of a professionally produced parking study. This language change is shown in red in Section V of this report and has been corrected in the draft ordinance. II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with m odifications, or deny Ordinance No. 13, Series of 2020, upon second reading. III. DESCRIPTION OF THE REQUEST November 3, 2020 - Page 140 of 214 Tow n of Vail Page 2 The applicant is requesting a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to replace Section 12-6I-8 Parking and Loading, Vail Town Code, with a new section, Section 12-6I-8 Mobility, to address mobility needs of residents in the Housing (H) Zone District. IV. PLANNING AND ENVRONMENTAL COMMISSION REVIEW On September 28, 2020, the Planning and Environmental Commission (PEC) forwarded a recommendation, for approval, (5-1 Gillette opposed) for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code. The review by the Planning and Environmental Commission resulted in two changes to the proposed text language which have been identified in red in Section VI. The first change was to remove a reference to bike parking in the review criteria section. The second change was to include of a reference to Section 12-10, Off street Parking and Loading, in the review criteria to provide context in evaluating appropriate minimum off-street parking. The Commission discussed the possibility of conducting a survey of existing residents within the Housing (H) Zone District to learn more about their mobility needs. The majority felt that this was unnecessary as the proposed regulations pertain more to development applications than to what potential residents may seek in mobility options. The Commission recognized the tradeoffs that often exist in housing developments (more parking vs. more units). V. BACKGROUND Current trends in community planning recognize that privately-owned automobiles are no longer the primary means of transportation for some people, and well-designed, sustainable site and building plans should not be driven by the need to park vehicles. The availability of and proximity to mass transit, walkability, bicycle routes, E-bikes and car-sharing are proving to be meaningful criteria to reduce the need for asphalt surface and structured parking lots on scarce land. The Vail Town Code (Code) takes a largely traditional approach to parking requirements. These requirements do acknowledge that parking demands vary by parts of Town through having two requirements, one for the Core Area (the villages) and one for areas outside of the core. Beyond this distinction, the Code relies on traditional means to determine parking requirements through a ratio of required spaces to unit count (hotel rooms), square footage (commercial uses) or GRFA (residential uses). Within the Core Area, the parking ratio is fixed at 1.4 spaces per unit, regardless of size. Below is a link to Chapter 10, Off Street Parking and Loading of the Code: https://www.sterlingcodifiers.com/codebook/getBookData.php?chapter_id=34610#34610 Provisions within the Housing (H) Zone District The Code does provide the ability for projects within the Housing (H) District to deviate from November 3, 2020 - Page 141 of 214 Tow n of Vail Page 3 the established parking requirements through the review process before the Planning and Environmental Commission. This language is as follows: Sec. 12-6I-8: Parking and Loading Off street parking shall be provided in accordance with chapter 10 of this title. No parking or loading area shall be located within any required setback area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in chapter 10 of this title may be approved during the review of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. B. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts The approved parking ratios for residential development within the Housing (H) District and workforce housing in other zone districts is shown on the chart below, including a breakdown by both unit and bedroom count. Use Type Unit Count Bedroom Count Parking Provided Parking Rate (per multi-family unit) Parking Rate (per bedroom) Solar Vail 65 69 34 0.52 .49 First Chair 32 124 32 1.0 .26 Lions Ridge 113 197 153 1.35 .78 Timber Ridge 94 188 46 0.82 .24 Middle Creek 142 254 247 1.74 .97 Buzzard Park 24 24 29 1.21 1.21 Chamonix Townhomes 32 86 113 3.5 1.31 Booth Heights multi-family 30 84 60 2.0 .71 V. PROPOSED TEXT AMENDMENT 12-6I-8: Mobility Mobility for residences shall be provided in accordance with a Mobility Management Plan approved by the Planning and Environmental Commission. A. Mobility Management Plan November 3, 2020 - Page 142 of 214 Tow n of Vail Page 4 A Mobility Management Plan, prepared by the applicant, shall describe how the mobility needs of the residents will be met. This plan shall include: 1. Layout of proposed covered and uncovered parking including applicable dimensions, provisions for stacked parking and compact spaces, if proposed. 2. Information on how proposed parking spaces will be allocated to units and if this allocation is on the form of a deed restriction. a. If units exceed (X amount), a professionally produced parking study shall be required. 3. A professionally produced parking study, unless a determination is made by the administrator that such study is unnecessary due to the scale and character of the proposal. 4. Existence of any bike or vehicle share/shuttle program. 5. Provide covered/protected/secured bike parking/storage 6. Provisions for guest parking/management 7. Seasonal variations in parking management plan 8. Provisions for off-site vehicle storage B. Review Criteria A Mobility Management Plan shall be reviewed based on the following criteria: 1. Adequate off-street parking is demonstrated for the quantity of proposed beds in relation to the proximity of the development to core services and public transit. a. Hierarchy of bus routes (aka regional vs local) b. Proximity to job centers c. Proximity to commercial area 2. Adequate off-street parking is demonstrated in consideration of other provided mobility options including, but not limited to, bike or vehicle share/shuttle programs. 3. Evaluations of proposed Mobility Management Plans shall utilize the parking requirements found in Section 12-10, Off Street Parking and Loading, when considering appropriate minimum off-street parking. C. Performance Standards After implementation of a Mobility Management Plan, the following performance standards shall be maintained: 1. At no times shall personal vehicles be parked in areas designated for Fire Service or within a dedicated emergency access easement. 2. At no times shall personal vehicles be parked on adjacent properties unless permission has been obtained in writing and provided to and approved the Town. November 3, 2020 - Page 143 of 214 Tow n of Vail Page 5 3. A no times shall personal vehicles be parked in the ROW. 4. At no times shall personal vehicles be parked in areas other than designated spaces as shown on the approved development plan. 5. At no times shall parking extend into required drive aisles. 6. A no times shall storage of goods, trailers, campers, or unlicensed vehicles in designated parking areas. 7. Bike parking, as shown on the approved development plan, shall be maintained at all times in a clean, safe and functional condition. D. Reporting Requirement For the first five years following the implementation of a Mobility Management Plan, the managing officer shall submit a report to the Community Development Department. This report shall be received within 30 days of the date of the anniversary of the first issued Certificate of Occupancy. The report shall include the following: 1. Occupancy a. Occupied units b. Number of residents per unit 2. Usage of mobility services 3. Results of survey of residents concerning parking 4. Reports code enforcement/fire/parking complaints 5. Parking utilization study during peak periods (summer and winter) E. Enforcement Policy 1. If the Mobility Management Plan reporting shows violations of the performance standards, the plan shall be remanded to the Planning and Environmental Commission for review of the report. The applicant shall prepare a resolution to the violations and an alteration/addendum to the plan to maintain future compliance. This alteration/addendum shall be approved by the Planning and Environmental Commission. 2. If at any time, there is credible evidence that the Mobility Management Plan is not meeting any of the established performance standards, as determined by town staff, the applicant shall be notified in writing and given thirty (30) days to cure the violation. Failure to do so shall result in the Mobility Management Plan being remanded to the Planning and Environmental Commission for further review. 3. Nothing above in (1) and (2) shall preclude the enforcement of parking infractions as municipal code violations. VI. REVIEW CRITERIA Section 12-3-7(C)(2) of the Zoning Regulations identifies the criteria that Town Council must November 3, 2020 - Page 144 of 214 Tow n of Vail Page 6 consider for a change to the text of the code. These criteria include the following: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The proposed text amendment provides an enhanced framework for the development, review and enforcement of mobility plans within the Housing (H) zone district. The enhanced framework provides for the needed flexibility in the district while recognizing the necessity of adequate review provisions and performance standards. The text amendments further the following general and specific purposes of the zoning regulations. Section 12-1-2 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. Section 12-1-2 B 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 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. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Staff finds this criterion to be met. 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 is compatible with the development objectives of the town by providing flexibility within the Housing (H) zone districts while improving standards, accountability and enforcement. The following are relevant goals of the Town’s Comprehensive Plan that are supported by the proposed amendment: November 3, 2020 - Page 145 of 214 Tow n of Vail Page 7 Vail Land Use Plan: • Goal 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. • Goal 1.3. The quality of development should be maintained and upgraded whenever possible. Vail 2020 Community Values: Transportation and Transit Network: Vail values a sustainable, multi-modal transportation system that effectively provides ease of access to residents, visitors and the workforce in an environmentally and technologically forward manner. Goal #2: Land use and development decisions will address environmental sustainability as a priority of the community. Actions/Strategies Promote alternative transportation through planning efforts that will reduce Vail’s carbon impact. Support employee housing initiatives in order to reduce trips into Vail. Staff finds this criterion to be met. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The Housing (H) Zone District and the accompanying parking regulations were incorporated into the Vail Town Code in 2001. There have been no amendments to this section of the zone district since that time despite considerable changes in attitudes and approaches to mobility. While the existing language does provide some flexibility to the rigid parking standards found in Chapter 10, it lacks the necessary framework for thoughtful review by the decisionmakers and accountability for the applicant. Coupled with enhanced enforcement measures, this framework provides the needed framework for developers of workforce housing while safeguarding the community from inadequate mobility infrastructure. Staff finds this criterion to be met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The proposed text amendment provides an enhanced framework for the development, November 3, 2020 - Page 146 of 214 Tow n of Vail Page 8 review and enforcement of mobility plans within the Housing (H) zone district. The amendment preserves a harmonious, convenient, and workable relationship among land uses consistent with municipal objectives, chiefly the development of workforce housing and the necessary mobility options and infrastructure to support its residents. As a result, staff finds this criterion to be met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VII. RECOMMENDED MOTION Should the Vail Town Council choose to approve Ordinance No.13, Series of 2020, upon second reading, the Community Development Department recommends the Council pass the following motion: “The Vail Town Council approves, on second reading, Ordinance No. 13, Series of 2020 an ordinance to replace Section 12-6I-8 Parking and Loading, Vail Town Code, with a new section, Section 12-6I-8 Mobility, to address mobility needs of residents in the Housing (H) Zone District, and setting forth details in regard thereto.” Should the Vail Town Council choose to approve Ordinance No. 13 Series of 2020, the Community Development Department recommends the Council m ake the following findings: “Based upon the review of the criteria outlined in Sections VIII of the Staff memorandum to the Planning and Environmental Commission dated September 28, 2020 and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.” VIII. ATTACHMENTS A. Ordinance No. 13, Series of 2020 November 3, 2020 - Page 147 of 214 Tow n of Vail Page 9 B. Staff Memorandum, PEC20-0019, September 28, 2020 C. PEC Minutes, September 28, 2020 November 3, 2020 - Page 148 of 214 ORDINANCE NO. 13 SERIES OF 2020 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, TO REPLACE SECTION 12-6I-8 PARKING AND LOADING, VAIL TOWN CODE, WITH A NEW SECTION, SECTION 12- 6I-8 MOBILITY, TO ADDRESS MOBILITY NEEDS OF RESIDENTS IN THE HOUSING (H) ZONE DISTRICT: AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Planning and Environmental Commission (the “PEC”) held a properly noticed public hearing on the proposed amendment on September 28, 2020 in accordance with the provisions of the Vail Town Code; WHEREAS, the PEC recommended approval of the proposed amendment at its September 28, 2020 meeting, and has submitted its recommendation to the Town Council; WHERAS, current trends in community planning recognize that privately-owned automobiles are no longer the primary means of transportation for some people, and well- designed, sustainable site and building plans should not be driven by the need to park vehicles; WHEREAS, the availability of and proximity to mass transit, walkability, bicycle routes, E-bikes and car-sharing are proving to be meaningful criteria to reduce the need for asphalt surface and structured parking lots on scarce land; WHEREAS, the Council finds that the proposed amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; WHEREAS, the Council finds that the proposed amendments further the general and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and WHEREAS, the Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-6I-8 Parking and Loading shall be replaced with Section 12-6I-8: Mobility as show below: November 3, 2020 - Page 149 of 214 Section 12-6I-8 Parking and Loading Off street parking shall be provided in accordance with chapter 10 of this title. No parking or loading area shall be located within any required setback area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in chapter 10 of this title may be approved during the review of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. B. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. 12-6I-8: Mobility Mobility for residences shall be provided in accordance with a Mobility Management Plan approved by the Planning and Environmental Commission. A. Mobility Management Plan A Mobility Management Plan, prepared by the applicant, shall describe how the mobility needs of the residents will be met. This plan shall include: 1. Layout of proposed covered and uncovered parking including applicable dimensions, provisions for stacked parking and compact spaces, if proposed. 2. Information on how proposed parking spaces will be allocated to units and if this allocation is on the form of a deed restriction. a. If units exceed (X amount), a professionally produced parking study shall be required. 3. Existence of any bike or vehicle share/shuttle program. 4. Provide covered/protected/secured bike parking/storage 5. Provisions for guest parking/management November 3, 2020 - Page 150 of 214 6. Seasonal variations in parking management plan 7. Provisions for off-site vehicle storage B. Review Criteria A Mobility Management Plan shall be reviewed based on the following criteria: 1. Adequate off-street parking is demonstrated for the quantity of proposed beds in relation to the proximity of the development to core services and public transit. a. Hierarchy of bus routes (aka regional vs local) b. Proximity to job centers c. Proximity to commercial area 2. Adequate off-street parking is demonstrated in consideration of other provided mobility options including vehicle share/shuttle programs. 3. Evaluations of proposed Mobility Management Plans shall utilize the parking requirements found in Section 12-10, Off Street Parking and Loading, when considering appropriate minimum off-street parking. C. Performance Standards After implementation of a Mobility Management Plan, the following performance standards shall be maintained: 1. At no times shall personal vehicles be parked in areas designated for Fire Service or within a dedicated emergency access easement. 2. At no times shall personal vehicles be parked on adjacent properties unless permission has been obtained in writing and provided to and approved the Town. 3. A no times shall personal vehicles be parked in the ROW. 4. At no times shall personal vehicles be parked in areas other than designated spaces as shown on the approved development plan. 5. At no times shall parking extend into required drive aisles. November 3, 2020 - Page 151 of 214 6. A no times shall storage of goods, trailers, campers, or unlicensed vehicles in designated parking areas. 7. Bike parking, as shown on the approved development plan, shall be maintained at all times in a clean, safe and functional condition. D. Reporting Requirement For the first five years following the implementation of a Mobility Management Plan, the managing officer shall submit a report to the Community Development Department. This report shall be received within 30 days of the date of the anniversary of the first issued Certificate of Occupancy. The report shall include the following: 1. Occupancy a. Occupied units b. Number of residents per unit 2. Usage of mobility services 3. Results of survey of residents concerning parking 4. Reports code enforcement/fire/parking complaints 5. Parking utilization study during peak periods (summer and winter) E. Enforcement Policy 1. If the Mobility Management Plan reporting shows violations of the performance standards, the plan shall be remanded to the Planning and Environmental Commission for review of the report. The applicant shall prepare a resolution to the violations and an alteration/addendum to the plan to maintain future compliance. This alteration/addendum shall be approved by the Planning and Environmental Commission. 2. If at any time, there is credible evidence that the Mobility Management Plan is not meeting any of the established performance standards, as determined by town staff, the applicant shall be notified in writing and given thirty (30) days to cure the violation. Failure to do so shall result in the Mobility Management Plan being remanded to the Planning and Environmental Commission for further review. 3. Nothing above in (1) and (2) shall preclude the enforcement of parking infractions as municipal code violations. November 3, 2020 - Page 152 of 214 Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of October, 2020, and a public hearing for second reading of this Ordinance set for the 3rd day of November, 2020, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Town Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of November, 2020. _____________________________ Dave Chapin, Town Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk November 3, 2020 - Page 153 of 214 TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 28, 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 replace Section 12-6I-8 Parking and Loading, Vail Town Code, with a new section, Section 12-6I-8 Mobility, to address mobility needs of residents in the Housing (H) Zone District, and setting forth details in regard thereto. (PEC20- 0021) Applicant: Town of Vail Planner: Jonathan Spence I. SUMMARY The Town of Vail Community Development Department 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 replace Section 12-6I-8 Parking and Loading, Vail Town Code, with a new section, Section 12-6I-8 Mobility, to address mobility needs of residents in the Housing (H) Zone District. Based upon staff’s review of the criteria outlined in Section VI 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 for the proposed Prescribed Regulations Amendment. II. DESCRIPTION OF REQUEST This is a request for a recommendation to the Vail Town Council to replace Section 12- 6I-8 Parking and Loading with a new section, Section 12-6I-8 Mobility, to address mobility needs of residents in the Housing (H) Zone District. The proposed new section will shift the focus of Town Code regulations away from existing minimum parking requirements, which are determined based on the number and size of dwelling units, toward an alternative approach with an emphasis on meeting the transportation and mobility needs of residents. Please see Section V of the report for the proposed new section language. November 3, 2020 - Page 154 of 214 Town of Vail Page 2 III. TOWN COUNCIL DIRECTION The Vail Town Council, in January of 2020, directed the Community Development Department to investigate alternatives to the existing parking requirements in the Housing (H) Zone District. A preliminary memo to the Town Council (Council) was heard during the afternoon session on February 18, 2020. At this meeting the Town Council asked staff to further refine an approach that focuses on resident mobility and not solely physical parking requirements. The Community Development Department returned to the Town Council on July 21, 2020 with draft language for a new approach to mobility requirements in the Housing (H) District. At this meeting the Council provided support for the revised approach to mobility and requested that the new language be formally reviewed by the Planning and Environmental Commission before returning to Council for adoption. Although the revised language shifts the focus away from physical automobile parking, the practical effect will be a more robust management plan, formalized criteria and performance standards, with greater accountability and enforcement provisions.\ Please find correspondence to the Town Council and a memo from the Vail Local Housing Authority included with the memo as attachments. IV. BACKGROUND Current trends in community planning recognize that privately-owned automobiles are no longer the primary means of transportation for some people, and well-designed, sustainable site and building plans should not be driven by the need to park vehicles. The availability of and proximity to mass transit, walkability, bicycle routes, E-bikes and car-sharing are proving to be meaningful criteria to reduce the need for asphalt surface and structured parking lots on scarce land. The Vail Town Code (Code) takes a largely traditional approach to parking requirements. These requirements do acknowledge that parking demands vary by parts of Town through having two requirements, one for the Core Area (the villages) and one for areas outside of the core. Beyond this distinction, the Code relies on traditional means to determine parking requirements through a ratio of required spaces to unit count (hotel rooms), square footage (commercial uses) or GRFA (residential uses). Within the Core Area, the parking ratio is fixed at 1.4 spaces per unit, regardless of size. Below is a link to Chapter 10, Off Street Parking and Loading of the Code: https://www.sterlingcodifiers.com/codebook/getBookData.php?chapter_id=34610#3461 0 November 3, 2020 - Page 155 of 214 Town of Vail Page 3 Provisions within the Housing (H) Zone District The Code does provide the ability for projects within the Housing (H) District to deviate from the established parking requirements through the review process before the Planning and Environmental Commission. This language is as follows: Sec. 12-6I-8: Parking and Loading Off street parking shall be provided in accordance with chapter 10 of this title. No parking or loading area shall be located within any required setback area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in chapter 10 of this title may be approved during the review of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. B. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts The approved parking ratios for residential development within the Housing (H) District and workforce housing in other zone districts is shown on the chart below, including a breakdown by both unit and bedroom count. Use Type Unit Count Bedroom Count Parking Provided Parking Rate (per multi-family unit) Parking Rate (per bedroom) Solar Vail 65 69 34 0.52 .49 First Chair 32 124 32 1.0 .26 Lions Ridge 113 197 153 1.35 .78 Timber Ridge 94 188 46 0.82 .24 Middle Creek 142 254 247 1.74 .97 Buzzard Park 24 24 29 1.21 1.21 Chamonix Townhomes 32 86 113 3.5 1.31 Booth Heights multi-family 30 84 60 2.0 .71 November 3, 2020 - Page 156 of 214 Town of Vail Page 4 IV. EXISTING AND PROPOSED TEXT Existing 12-6I-8 Parking and Loading Off street parking shall be provided in accordance with chapter 10 of this title. No parking or loading area shall be located within any required setback area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in chapter 10 of this title may be approved during the review of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. B. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. To be replaced with: 12-6I-8: Mobility Mobility for residences shall be provided in accordance with a Mobility Management Plan approved by the Planning and Environmental Commission. A. Mobility Management Plan A Mobility Management Plan, prepared by the applicant, shall describe how the mobility needs of the residents will be met. This plan shall include: 1. Layout of proposed covered and uncovered parking including applicable dimensions, provisions for stacked parking and compact spaces, if proposed. 2. Information on how proposed parking spaces will be allocated to units and if this allocation is on the form of a deed restriction. a. If units exceed (X amount), a professionally produced parking study shall be required. 3. Existence of any bike or vehicle share/shuttle program. 4. Provide covered/protected/secured bike parking/storage 5. Provisions for guest parking/management 6. Seasonal variations in parking management plan November 3, 2020 - Page 157 of 214 Town of Vail Page 5 7. Provisions for off-site vehicle storage B. Review Criteria A Mobility Management Plan shall be reviewed based on the following criteria: 1. Adequate off-street parking is demonstrated for the quantity of proposed beds in relation to the proximity of the development to core services and public transit. a. Hierarchy of bus routes (aka regional vs local) b. Proximity to job centers c. Proximity to commercial area 2. Adequate off-street parking is demonstrated in consideration of other provided mobility options including, but not limited to, bike or vehicle share/shuttle programs. C. Performance Standards After implementation of a Mobility Management Plan, the following performance standards shall be maintained: 1. At no times shall personal vehicles be parked in areas designated for Fire Service or within a dedicated emergency access easement. 2. At no times shall personal vehicles be parked on adjacent properties unless permission has been obtained in writing and provided to and approved the Town. 3. A no times shall personal vehicles be parked in the ROW. 4. At no times shall personal vehicles be parked in areas other than designated spaces as shown on the approved development plan. 5. At no times shall parking extend into required drive aisles. 6. A no times shall storage of goods, trailers, campers, or unlicensed vehicles in designated parking areas. 7. Bike parking, as shown on the approved development plan, shall be maintained at all times in a clean, safe and functional condition. D. Reporting Requirement For the first five years following the implementation of a Mobility Management Plan, the managing officer shall submit a report to the Community Development Department. This report shall be received within 30 days of the date of the anniversary of the first issued Certificate of Occupancy. The report shall include the following: November 3, 2020 - Page 158 of 214 Town of Vail Page 6 1. Occupancy a. Occupied units b. Number of residents per unit 2. Usage of mobility services 3. Results of survey of residents concerning parking 4. Reports code enforcement/fire/parking complaints 5. Parking utilization study during peak periods (summer and winter) E. Enforcement Policy 1. If the Mobility Management Plan reporting shows violations of the performance standards, the plan shall be remanded to the Planning and Environmental Commission for review of the report. The applicant shall prepare a resolution to the violations and an alteration/addendum to the plan to maintain future compliance. This alteration/addendum shall be approved by the Planning and Environmental Commission. 2. If at any time, there is credible evidence that the Mobility Management Plan is not meeting any of the established performance standards, as determined by town staff, the applicant shall be notified in writing and given thirty (30) days to cure the violation. Failure to do so shall result in the Mobility Management Plan being remanded to the Planning and Environmental Commission for further review. 3. Nothing above in (1) and (2) shall preclude the enforcement of parking infractions as municipal code violations. V. APPLICABLE PLANNING DOCUMENTS Title 12 – Zoning Regulations, Vail Town Code Section 3-7 Amendment (in part) A. Prescription: The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended or repealed by the town council in accordance with the procedures prescribed in this chapter. B. Initiation: 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the town council on its own motion, by the planning and November 3, 2020 - Page 159 of 214 Town of Vail Page 7 environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. 2. A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the administrator. VI. REVIEW CRITERIA Section 12-3-7(C)(2) of the Zoning Regulations identifies the criteria that the Planning and Environmental Commission must consider before making a recommendation for a change to the text of the code. These criteria include the following: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The proposed text amendment provides an enhanced framework for the development, review and enforcement of mobility plans within the Housing (H) zone district. The enhanced framework provides for the needed flexibility in the district while recognizing the necessity of adequate review provisions and performance standards. The text amendments further the following general and specific purposes of the zoning regulations. Section 12-1-2 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. Section 12-1-2 B 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. November 3, 2020 - Page 160 of 214 Town of Vail Page 8 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. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Staff finds this criterion to be met. 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 is compatible with the development objectives of the town by providing flexibility within the Housing (H) zone districts while improving standards, accountability and enforcement. The following are relevant goals of the Town’s Comprehensive Plan that are supported by the proposed amendment: Vail Land Use Plan: • Goal 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. • Goal 1.3. The quality of development should be maintained and upgraded whenever possible. Vail 2020 Community Values: Transportation and Transit Network: Vail values a sustainable, multi-modal transportation system that effectively provides ease of access to residents, visitors and the workforce in an environmentally and technologically forward manner. Goal #2: Land use and development decisions will address environmental sustainability as a priority of the community. Actions/Strategies Promote alternative transportation through planning efforts that will reduce Vail’s carbon impact. November 3, 2020 - Page 161 of 214 Town of Vail Page 9 Support employee housing initiatives in order to reduce trips into Vail. Staff finds this criterion to be met. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The Housing (H) Zone District and the accompanying parking regulations were incorporated into the Vail Town Code in 2001. There have been no amendments to this section of the district since that time despite considerable changes in attitudes and approaches to mobility. While the existing language does provide some flexibility to the rigid parking standards found in Chapter 10, it lacks the necessary framework for thoughtful review by the decisionmakers and accountability for the applicant. Coupled with enhanced enforcement measures, this framework provides the needed framework for developers of workforce housing while safeguarding the community from inadequate mobility infrastructure. Staff finds this criterion to be met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The proposed text amendment provides an enhanced framework for the development, review and enforcement of mobility plans within the Housing (H) zone district. The amendment preserves a harmonious, convenient, and workable relationship among land uses consistent with municipal objectives, chiefly the development of workforce housing and the necessary mobility options and infrastructure to support its residents. As a result, staff finds this criterion to be met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VII. STAFF RECOMMENDATION Based upon the analysis of the review criteria contained in Section VI of this memorandum and on the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission make a recommendation to the Vail Town Council to approve a Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to replace Section 12-6I-8 Parking and Loading, Vail Town Code, with a new section, Section 12-6I-8 Mobility, to address mobility needs of residents in the Housing (H) Zone District., and setting forth details in regard thereto. (PEC20-0021) November 3, 2020 - Page 162 of 214 Town of Vail Page 10 If the Planning and Environmental Commission chooses to recommend approval of the proposed text amendment, the Community Development Department recommends 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 to replace Section 12-6I-8 Parking and Loading, Vail Town Code, with a new section, Section 12-6I-8 Mobility, to address mobility needs of residents in the Housing (H) Zone District., and setting forth details in regard thereto.” Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed Prescribed Regulation Amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section VI of the Community Development Department memorandum dated September 28, 2020 and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the zoning regulations; 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. VIII. Attachments A. Memo from VHLA, September 24, 2020 B. Staff memorandum to the Town Council, February 18, 2020 C. Staff Memorandum to the Town Council, July 19, 2020 with Attachments November 3, 2020 - Page 163 of 214 75 South Frontage Road West Housing Department Vail, Colorado 81657 970.479.2150 vailgov.com MEMORANDUM To: Vail Town Council Town of Vail Planning & Environmental Commission From: Vail Local Housing Authority Date: September 23, 2020 Re: Proposed Parking Requirement Amendments – Housing (H) District I. Purpose The purpose of this memorandum is to provide written comments to the Vail Town Council and the Town of Vail Planning & Environmental Commission regarding proposed amendments to the Parking and Loading requirements prescribed for development within the Housing (H) District. The Vail Local Housing Authority (VLHA) members request their written comments be entered into the public record on the review of the amendments. II. Written Comments The written comments below were generated following a presentation of the proposed parking requirement amendments to the VHLA on September 22, 2020: • The VLHA strongly supports the policy direction provided by the Vail Town Council to the town staff to prepare proposed amendments to the parking requirements for development in the (H) District. It is further understood that the change in policy direction provided is to focus on the transportation needs of the residents within the (H) District rather than focusing on meeting a parking requirement based upon the size of a dwelling unit. November 3, 2020 - Page 164 of 214 Town of Vail Page 2 • The VLHA recommends this new policy direction be clearly stated and articulated within the purpose section of any amended regulations adopted as the purpose section of the regulation sets the framework for the application and implementation of the regulations that follow. • The VLHA recommends any reference to the prior method of parking requirement determination and approach be removed from the new regulations. As drafted, there is an inference that the basis for determining the number of required parking spaces is based upon current means and methods, when in fact, the expressed purpose of the amendment is to forego the outdated approach of the past and focus on an entirely new approach, that is based upon addressing the transportation needs. • The VLHA recommends the role of enforcement be explored and improved where practical. It appears certain provisions of the new regulations are specifically focused on existing conditions (i.e. Solar Vail). Rather than draft additional provisions which may unintentionally affect future developments, focus on enforcing the regulations which are currently in place. • The VLHA recommends site planning and design be taken in consideration with the goal of eliminating opportunities for vehicles to be parked illegally. Solar Vail and First Chair were each cited as examples in the staff presentation. In one instance, illegal parking has become a problem. In the other, it is not. A discernible difference between the two is site plan design. • The VLHA recommends collaborating with industry leaders from car sharing programs in the drafting of the proposed amendments. An opportunity likely exists to create an environment which is more conducive and better accommodating to the critical mass needs generally required of car sharing programs. The needs of a successful car sharing program may not be adequately addressed in the proposed amendments. • The VLHA recommends the amendments be revised to include an obligation of an applicant to determine the transportation needs of residents in the (H) District. Much like a traffic report or employee housing generation report, a transportation needs report would establish the baseline needs by which the applicant would be obligated to demonstrate to address in an application submittal. November 3, 2020 - Page 165 of 214 Town of Vail Page 2 November 3, 2020 - Page 166 of 214 To: Vail Town Council From: Jonathan Spence, Planning Manager Chris Southwick, Mobility Innovation Coordinator Date: July 21, 2020 Subject: Mobility and Parking Requirements in the Housing (H) District I. INTRODUCTION The purpose of this memorandum is to frame a policy discussion around the issue of mobility requirements in the Housing (H) zone district; to consider more efficacious standards and practices. The policy discussion will center on shifting the focus of Town Code regulations away from existing minimum parking requirements, which are determined based on the number and size of dwelling units, toward an alternative approach with an emphasis on meeting the transportation and mobility needs of residents. Current trends in community planning recognize that privately-owned automobiles are no longer the primary means of transportation for some people, and well-designed, sustainable site and building plans should not be driven by the need to park vehicles. The availability of and proximity to mass transit, walkability, bicycle routes, E-bikes and car-sharing are proving to be meaningful criteria to reduce the need for asphalt surface and structured parking lots on scarce land. This memo is a follow-up to the Town Council memo and discussion of February 18, 2020. II. BACKGROUND The Vail Town Code (Code) takes a largely traditional approach to parking requirements. These requirements do acknowledge that parking demands vary by parts of Town through having two requirements, one for the Core Area (the villages) and one for areas outside of the core. Beyond this distinction, the Code relies on traditional means to determine parking requirements through a ratio of required spaces to unit count (hotel rooms), square footage (commercial uses) or GRFA (residential uses). Within the Core Area, the parking ratio is fixed at 1.4 spaces per unit, regardless of size. Below is a link to Chapter 10, Off Street Parking and Loading of the Code: https://www.sterlingcodifiers.com/codebook/getBookData.php?chapter_id=34610#34610 Provisions within the Housing (H) Zone District The Code does provide the ability for projects within the Housing (H) District to deviate from the established parking requirements through the review process before the Planning and Environmental Commission. This language is as follows: July 21, 2020 - Page 38 of 152November 3, 2020 - Page 167 of 214 Town of Vail Page 2 Sec. 12-6I-8: Parking and Loading Off street parking shall be provided in accordance with chapter 10 of this title. No parking or loading area shall be located within any required setback area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in chapter 10 of this title may be approved during the review of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. B. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. III. AN ALTERNATIVE APPROACH FOCUSED ON MOBILITY Over the last six months, staff has explored alternative approaches to addressing parking and mobility requirements in the Housing (H) District. Staff has formulated draft language (Attachment A.) that shifts from prescriptive parking requirements based on unit count to requirements based on the actual parking and mobility needs of the residents, as determined and managed through a Mobility Management Plan. The proposed components of the future regulations are as follows: A. A Mobility Management Plan that describes the approach the development will take in ensuring adequate parking and mobility options for its residents. B. Criteria to guide staff and the Planning and Environmental Commission in reviewing proposed Mobility Management Plans. C. Performance Standards applicable to all Mobility Management Plans to ensure that the continued operation of the plan is done so in a safe, effective and appropriate manner. D. A reporting requirement during the initial years following occupancy of a development. This report will chronicle the effectiveness of the Mobility Management Plan, providing the Town and management data helpful in evaluating this and other future plans including potential innovations in mobility currently not considered. E. An enforcement policy requiring amendments to the Mobility Management Plan if it is documented that the current plan is inadequate for safety or other reasons. These amendments would require an additional review by the Planning and Environmental Commission. Mark Novak, Fire Chief of Vail Fire and Emergency Services, has had the opportunity to review the alternative approach and has expressed concerns, particular in light of the current pandemic. Please find Chief Novak’s comments included as Attachment B. July 21, 2020 - Page 39 of 152November 3, 2020 - Page 168 of 214 Town of Vail Page 3 IV. POLICY DISCUSSION/STAFF RECCOMENDATION Staff recommends the Town Council engage in a discussion concerning this alternative approach to mobility and parking requirements in the Housing (H) District and direct staff to proceed with an amendment to the Vail Town Code, to be reviewed by the Planning and Environmental Commission and subsequently the Town Council. V. ATTACHMENTS A. Draft Alternative Language to Section 12-6I-8 B. Correspondence from Chief Novak July 21, 2020 - Page 40 of 152November 3, 2020 - Page 169 of 214 Scrap 12-6I-8 Parking and Loading Replace with: 12-6I-8: Mobility Mobility for residences shall be provided in accordance with a Mobility Management Plan approved by the Planning and Environmental Commission. A. Mobility Management Plan A Mobility Management Plan, prepared by the applicant, shall describe how the mobility needs of the residents will be met. This plan shall include: 1. Information on how proposed parking spaces will be allocated to units and if this allocation is on the form of a deed restriction. a. If units exceed (X amount), a professionally produced parking study shall be required. 2. Information concerning stacked parking 3. Existence of any bike or vehicle share/shuttle program. 4. Provide covered/protected/secured bike parking/storage 5. Compact spaces proposed 6. Provisions for guest parking/management 7. Seasonal variations in parking management plan 8. Provisions for off-site vehicle storage B. Review Criteria A Mobility Management Plan shall be reviewed based on the following criteria: 1. Adequate off-street parking is demonstrated for the quantity of proposed beds in relation to the proximity of the development to core services and public transit. a. Hierarchy of bus routes (aka regional vs local) b. Proximity to job centers c. Proximity to commercial area 2. Adequate off-street parking is demonstrated in consideration of other provided mobility options including, but not limited to, bike or vehicle share/shuttle programs. C. Performance Standards After implementation of a Mobility Management Plan, the following performance standards shall be maintained: July 21, 2020 - Page 41 of 152November 3, 2020 - Page 170 of 214 1. At no times shall personal vehicles be parked in areas designated for Fire Service. 2. At no times shall personal vehicles be parked on adjacent properties unless permission has been obtained in writing and provided to and approved the Town. 3. A no times shall personal vehicles be parked in the ROW. 4. At no times shall personal vehicles be parked in areas other than designated spaces as shown on the approved development plan. 5. At no times shall parking extend into required drive aisles. 6. No storage of goods, trailers, campers, or unlicensed vehicles in designated parking areas. 7. Bike parking, as shown on the approved development plan, shall be maintained at all times in a clean, safe and functional condition. D. Reporting Requirement For the first three years following the implementation of a Mobility Management Plan, the managing officer shall submit a report to the Community Development Department. This report shall be received within 30 days of the date of the one/two- and three-year anniversary of the first issued Certificate of Occupancy. The report shall include the following: 1. Occupancy a. Occupied units b. Number of residents per unit 2. Usage of mobility services 3. Results of survey of residents concerning parking 4. Reports code enforcement/fire/parking complaints 5. Parking utilization study during peak periods (summer and winter) E. Enforcement Policy If the Mobility Management Plan reporting shows violations of the performance standards, the plan will be remanded to the Planning and Environmental Commission for review of the report. The applicant shall prepare a resolution to the violations and an alteration/addendum to the plan to maintain future compliance. This alteration/addendum shall be approved buy the Planning and Environmental Commission. July 21, 2020 - Page 42 of 152November 3, 2020 - Page 171 of 214 July 15, 2020 Thanks for sending this over. My high level comments are below (points 2 and 3 but I feel obligated to identify them given my emergency management training and due to the fact that they will ultimately impact concern #1), I also have several comments in the documents: 1) Fire department access-experience with current under-parked housing projects has demonstrated that occupants will park in any available spot. With the exception of temporary foreign workers, few come to Vail without a vehicle. This has resulted in ongoing problems in existing under-parked projects . This even extends to current projects that were perceived to have ample parking such as Chamonix Vail. This project has 2-4 parking spaces available for each unit. Despite this, we frequently witness vehicles parked in the ROW/fire lane or parked in a driveway, yet encroaching upon the ROW/fire lane. In most housing complexes we have little enforcement power as PD will generally not issue a citation or summons for a parking issue that is on private property. Property owners/managers/HOAs cannot manage parking when there are simply not enough spots for tenants to park their personal vehicles. 2) Personal emergency preparedness/community resiliency-our current evacuation plan calls for evacuation by bus for those who do not have a vehicle. Waiting for a bus is contrary to the need for early/rapid evacuation during a rapidly expanding emergency incident. In addition, the recent pandemic demonstrated the need for personal vehicles due to the shut down of the bus system and the strong recommendation not to carpool. The current pandemic is not a black swan event, public health had predicted this eventuality for years and continue to predict that we are in an era in which pandemics will become more commonplace due to globalization and other factors. 3) Finally, the performance/mobility based concept is flawed as it is based upon the assumption that the characteristics of our community will remain static. Under-parked housing units are based upon the assumption that not only will the occupants have good alternatives to driving, they will also not own a vehicle. The utility of this assumption is questionable. The current pandemic and future public health threats may challenge the utility of the shared economy and utilization of mass transit. In addition, it is likely that the nature of the workforce will change and there will be many less guest workers who arrive in Vail without a vehicle. Mark Novak Fire Chief Vail Fire and Emergency Services Office: 970-477-3474 Cell: 970-471-0927 www.vailgov.com/fire Prevent Loss, Serve Others, Protect and Enhance the Quality of Life July 21, 2020 - Page 43 of 152November 3, 2020 - Page 172 of 214 PRESENTATION BY Jonathan Spence Planning Manager and Chris Southwick Mobility Innovation Coordinator July 21, 2020 Mobility and Parking Requirements in the Housing (H) District July 21, 2020 - Page 44 of 152November 3, 2020 - Page 173 of 214 EXISTING REGULATIONS IN THE HOUSING (H) DISTRICT Town of Vail | Community Development Sec. 12-6I-8: Parking and Loading Off street parking shall be provided in accordance with chapter 10 of this title. No parking or loading area shall be located within any required setback area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in chapter 10 of this title may be approved during the review of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. B. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. July 21, 2020 - Page 45 of 152November 3, 2020 - Page 174 of 214 AN ALTERNATIVE APPROACH FOCUSED ON MOBILITY Town of Vail | Community Development COMPONENTS: A.A Mobility Management Plan that describes the approach the development will take in ensuring adequate parking and mobility options for its residents. B.Criteria to guide staff and the Planning and Environmental Commission in reviewing proposed Mobility Management Plans. C.Performance Standards applicable to all Mobility Management Plans to ensure that the continued operation of the plan is done so in a safe, effective and appropriate manner. D.A reporting requirement during the initial years following occupancy of a development. This report will chronicle the effectiveness of the Mobility Management Plan, providing the Town and Management data helpful in evaluating this and other future plans including potential innovations in mobility currently not considered. E.An enforcement policy requiring amendments to the Mobility Management Plan if it is documented that the current plan is inadequate for safety or other reasons. These amendments would require an additional review by the Planning and Environmental Commission. July 21, 2020 - Page 46 of 152November 3, 2020 - Page 175 of 214 POSSIBLE CONCERNS Town of Vail | Community Development •Necessity of increased level of enforcement and associated manpower •Lack of a baseline parking requirement •Difficulties if management plan is unworkable July 21, 2020 - Page 47 of 152November 3, 2020 - Page 176 of 214 Thank you July 21, 2020 - Page 48 of 152November 3, 2020 - Page 177 of 214 To: Vail Town Council From: Matt Gennett, Community Development Director Date: February 18, 2020 Subject: Mobility and Parking Requirements- Policy Discussion I. INTRODUCTION The purpose of this memorandum is to frame a policy dialogue around the issue of minimum parking requirements, particularly in the Housing (H) zone district, to consider more efficacious standards and practices based on the concept of mobility. The policy discussion will center on shifting the focus of Town Code regulations away from existing minimum parking requirements, which are determined based on the number and size of dwelling units, toward an alternative approach that requires meeting the transportation and mobility needs of residents. Current trends in community planning recognize that privately-owned automobiles are no longer the primary means of transportation for some people, and well-designed, sustainable site and building plans should not be driven by the need to park vehicles. The availability of proximity to mass transit, walkability, bicycle routes, E-bikes and car-sharing are proving to be meaningful criteria to reduce the need for asphalt surface and structured parking lots on scarce land. II. BACKGROUND As stated above, the Vail Town Code (Code) takes a largely traditional approach to parking requirements. These requirements do acknowledge that parking demands vary by parts of Town through having two requirements, one for the Core Area (the villages) and one for areas outside of the core. Beyond this distinction, the Code relies on traditional means to determine parking requirements through a ratio of required spaces to unit count (hotel rooms), square footage (commercial uses) or GRFA (residential uses). Within the Core Area, the parking ratio is fixed at 1.4 spaces per unit, regardless of size. Below is a link to Chapter 10, Off Street Parking and Loading of the Code: https://www.sterlingcodifiers.com/codebook/getBookData.php?chapter_id=34610#34610 The Code does provide the ability for certain projects to deviate from the established parking requirements. These include the following: Special Review Provisions November 3, 2020 - Page 178 of 214 Town of Vail Page 2 Within Chapter 10, there are criteria that allows the PEC to deviate as much as twenty-five percent (25%) from the requirement. The language is as follows Section 12-10-20): Notwithstanding the provisions of section 12-10-18 of this chapter, the Planning and Environmental Commission may approve a reduction to the number of required spaces specified in section 12-10-10 of this chapter, provided a report documenting the presence of unique parking characteristics is provided by a qualified consultant and the following findings are made by the Planning and Environmental Commission: A. The parking demand will be less than the requirements identified in section 12-10- 10 of this chapter; and B. The probable long term use of the building or structure, based on its design, will not generate additional parking demand; and C. The use or activity is part of a demonstrated permanent program (including, but not limited to, "rideshare" programs, shuttle service, or staggered work shifts) intended to reduce parking demand that has been incorporated into the project's final approved development plan; and D. Proximity or availability of alternative modes of transportation (including, but not limited to, public transit or shuttle services) is significant and integral to the nature of the use or business activity. In reaching a decision, the Planning and Environmental Commission shall consider survey data submitted by a qualified transportation planning or engineering consultant. Projects under "special review" are subject to additional scrutiny by the Planning and Environmental Commission after development plan approval if it is deemed necessary to verify continued compliance with the above listed criteria. The maximum allowable reduction in the number of required spaces shall not exceed twenty five percent (25%) of the total number required under section 12-10-10 of this chapter. Provisions within the Housing (H) Zone District Within the Housing Zone District are similar criteria that allows the PEC to deviate from the parking requirements with no limitations. This language is as follows (Sec. 12-6I-8): Off street parking shall be provided in accordance with chapter 10 of this title. No parking or loading area shall be located within any required setback area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in chapter 10 of this title may be approved during the review of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: November 3, 2020 - Page 179 of 214 Town of Vail Page 3 A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. B. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. Onsite EHUs required per Inclusionary Zoning or Commercial Linkage Employee Housing Units that are built onsite as a requirement of either Inclusionary Zoning or Commercial Linkage may request a deviation from the parking requirements. This language is as follows (Sec. 12-23-3D and Sec. 12-24-3D): Exception For On Site EHUs: At the discretion of the applicable governing body, variations to the parking standards outlined in chapter 10 of this title may be approved during the review of an employee housing plan subject to a parking management plan. The parking management plan may be approved by the applicable governing body and may provide for a reduction in the parking requirements for on site units based on a demonstrated need for fewer parking spaces than chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: a. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. b. A limitation placed in the deed restrictions limiting the number of cars for each unit. c. A demonstrated permanent program including, but not limited to, rideshare programs, car share programs, shuttle service, or staggered work shifts. General Use (GU) District All development standards including parking are determined by the PEC Other Means The Vail Town Code also allows variations to parking requirements through the Variance and Special Development District processes. III. ALTERNATIVE APPROACHS As presented in the previous section, the Code provides a number of means to deviate from the parking requirements of Chapter 10. What they all have in common is that they use the requirements of Chapter 10 as the basis. The reliance on a use-based approach may not yield results consistent with the development objectives of the Town. November 3, 2020 - Page 180 of 214 Town of Vail Page 4 Alternative approaches to parking requirements do exist. One example that builds on Vail’s Core Area concept it utilized in Salt Lake City, Utah. Salt Lake City’s Off-Street Parking, Mobility and Loading standards considers the context of developments when determining parking requirements. The following is an excerpt from their Development Code: Context Approach Salt Lake City has a wide variety of development contexts that make any single approach to minimum and maximum parking requirements ineffective. The parking demand for a downtown area served by transit will be much lower than a downtown adjacent neighborhood or suburban shopping center. To ensure that minimum and maximum parking requirements reflect the built context (and future built context) of the area, we created four distinct “context areas”, and then tailored minimum and maximum parking standards to each. The Minimum and Maximum Off-Street Parking Table below lists the specific zoning districts included in each context area. The following is a brief narrative introducing each context area: 1. General Context: This category includes the City’s zoning districts that tend to be more auto dependent and/or suburban in scale and parking needs. This context applies broadly to all of the zoning districts that are not specifically listed in the other context areas. 2. Neighborhood Center: This category includes areas with small- or moderate-scale shopping, gathering, or activity spaces, often within or adjacent to General Context areas, but that are not necessarily well served by transit. This category includes zoning districts with pedestrian-scale development patterns, building forms, and amenities. 3. Urban Center: This category includes zoning districts with dense, pedestrian-oriented development within more intensely developed urban centers. The parking demand in this context is higher than in the Neighborhood Center Context, but lower than areas with good transit service. 4. Transit Context: This category includes those zoning districts that immediately surround mass-transit facilities and/or are in the downtown core. These areas have the lowest parking demand and may be exempt from minimum parking requirements or be required to provide minimal off-street parking. IV. POLICY DISCUSSION/STAFF RECCOMENDATION Other methodologies do exist that consider various demographic, geographic and management factors related to automobile ownership and use, thereby effecting parking demands. As Vail continues to grow and mature, a more in-depth, nuanced analysis concerning vehicle ownership and use by all segments of our community could yield more appropriate regulations related to mobility and automobile parking. Staff recommends the Town Council direct staff to explorer alternative means of assessing mobility, including parking requirements, to more effectively meet the transportation and mobility needs of residents and visitors. November 3, 2020 - Page 181 of 214 P L ANNI NG AND E NV I RO NM E NTAL C O M M I S S I O N September 28, 2020, 1:00 P M Virtual 75 S. F rontage Road - Vail, Colorado, 81657 1.Call to Order 1.1.Register in advance for this webinar: https://us02web.zoom.us/webinar/register/W N_t2-dEk2D T0uC R2X Vyxa2Xg After registering, you will receive a confirmation email containing information about joining the webinar. 1.2.Attendance Present: Ludwig Kurz, Karen Perez, Rollie Kjesbo, Brian Gillette, Henry Pratt, J ohn-Ryan Lockman Absent: Pete Seibert 2.Main Agenda 2.1.A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to add Section 13-14, Administrative Lot Line Adjustment and Elimination Procedures, Vail Town Code, to add an administrative procedure for the adjustment or elimination of lot lines between existing platted lots, and setting forth details in regard thereto.. (P E C20-0019) 30 min. Applicant:Town of Vail Planner:J onathan Spence Planner Spence: I ntroduced the project by discussing the frequency of these lot line adjustment requests. W hen these are brought to the P E C, there is generally not a lot more for the P E C to review. The proposed amendment would not change the actual review process with these requests still going through Public W orks and E RW S D. Chairman Kurz: Remembers this topic being discussed with the P E C before. Did the P E C express interest in making these administrative? Spence: Yes. Commissioner Perez: Asked if applicants could still bring the request to the P E C if they wanted. Has encountered individuals who may have wanted to appeal a staff decision to the P E C, but the appeal process adds extra time that an applicant may want to avoid by directly going to the P E C. Spence: These applications are generally the least controversial items we bring to the P E C. Commissioner Gillette: Asked about a possible example of these applications. November 3, 2020 - Page 182 of 214 Spence: Clarified that these applications are generally for small adjustments to the way lot lines are drawn. Typically, the owner is the same for both properties on the line. Gillette: Asked if the appeal process is the same for these as it is for other administrative procedures. Spence: Yes. Rollie Kjesbo moved to recommend approval. Brian Gillette seconded the motion and it passed (6-0). Absent:(1)Seibert 2.2.A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to replace Section 12-6I -8 Parking and Loading, Vail Town Code, with a new section, Section 12-6I -8 Mobility, to address mobility needs of residents in the Housing (H) Zone District, and setting forth details in regard thereto.. (P E C20-0021) 60 min. Applicant:Town of Vail Planner:J onathan Spence 1. The proposed language shall be modified to remove a reference to bikes in the criteria section. 2. The proposed language shall be modified to include a reference to the parking requirements of Chapter 10 as a baseline. Planner Spence: Explained that the Town Council had directed staff to look into alternative methods to the parking requirement in the Housing district. The resulting revised language shifts focus away from vehicle parking but involves a more in-depth analysis into the mobility options for housing projects. Spence then addressed some existing housing district projects as examples. Stated that the management plans of parking and mobility is the greatest indicator of success for these projects. Comment was received from the Vail Local Housing Authority. Kurz: W e also had some comment from the Fire Department. Have his comments been addressed in this proposal? Spence: F D had concerns about existing developments and a concern related to Chamonix development. The Chamonix development met all of the existing requirements of the Code meaning that the issues there are more of an enforcement issue. Kurz: Had a question about local data showing that the Town of Vail is ready to move away from focusing on vehicle parking. Spence: No statistical analysis. I n the Housing district the applicants have always been able to ask for variations from the parking requirement based on other mobility methods. This proposal isn’t meant to replace requirements for vehicle parking if that need still exists, it is meant to provide more flexibility in meeting transportation needs. This proposal does not require reduced parking. This also provides a better framework for mobility management plan requirements, criteria, and enforcement. Gillette: There are different types of employee housing in Vail. Gave the November 3, 2020 - Page 183 of 214 example of permanent employees vs seasonal ski season employees. The code requirements aren’t currently able to address this. Management plan needs to be able to address utility trucks, services vehicles, etc. Spence: Clarified that the Chamonix development met and exceeded the parking requirement and still has issues. Argued that this development is an has similar issues to development in other zone districts related to on street parking. Doesn’t agree that the existing parking requirements aren’t necessarily adequate. Gillette: Remained unconvinced. Felt that other locations also likely want more parking in their neighborhood. Kurz: Asked if Pratt had any data on how the parking situation was at the Sonnenalp? Commissioner Pratt: Says that it is often visitors parking where they aren’t supposed to that is the biggest issue there. Seems that the Fire access issue is related to enforcement. Kurz: Asked about any additional public input related to this proposal. Spence: No. Kurz: Asked about the process for approving this language. Asked Spence to walk the P E C through the different sections. Spence: First section addresses background info surrounding the proposed mobility plan. Pratt: Asked about the weighting of bikes and bike storage for a town that is covered in snow for a significant portion of the year. Finds it odd that they are put on equal footing with car shares and public transit. Spence: There is no intent to weight any of these options. Staff and P E C could review these proposals and make a determination about the appropriateness of proposed bike facilities. The next section provides general review criteria. This give reviewers more of a framework to access a mobility plan. The criteria was meant to be fairly open, no specific standards. Gillette: A bike share should not be considered a replacement of a parking space in this town. Bike parking/share is important but shouldn’t replace other vehicle requirements. Spence asked if other commissioners were supportive of removing bike considerations from the criteria, and the commissioners were supportive of this. Spence: Discussed the next section related to enforcement. Pratt: Asked who would be responsible for enforcement. Spence: Staff would be responsible. Perez: Asked if there was anyone on staff who was specifically tasked to enforcement. Otherwise these regulations and others like conditional use November 3, 2020 - Page 184 of 214 permits are just for show. Spence: Responded with “no”, but that staff often worked with Code Enforcement to assist with enforcement. Stated that concerns with specific projects should be brought up with staff so that staff can be made aware and react. Pratt: Understands that the police will not go on private property to enforce parking standards. W ill this change that? Spence: Explained what can be enforced on private property and that this proposal will have no effect on this. Pratt: Concerned that if a development is not meeting parking needs that they will not be able to correct the issue because the development is already constructed by that point. Spence: Agreed with this sentiment but did not see a clear way around that issue. Gillette: Suggested a survey to be distributed to current Vail districts to get an understanding of existing parking and mobility needs. Spence: Expressed that most people are likely to say that they want more parking, but the town needs to consider the tradeoff of additional parking for less housing. Gillette: Thinks that the survey could be designed to better find that balance. The survey would be more in depth than simply asking if more parking is needed. Spence: Stated that staff could do this. Staff has already talked to the management of several housing district projects. Kurz: Feels that this plan is moving in the right direction, but more discussion is needed to iron out details. Asked to elaborate on the reporting requirements. Spence: The reporting data give staff, P E C, management information on the type of residents in these developments and what their mobility needs are. Spence: Continued by discussing the enforcement procedures. Compared this to conditional use permits where if issues arise, the applicant will have to return to the P E C with an updated proposal. Gillette: Noticed that the electric bikes around town were near some housing development and asked if that was by design. Spence: Stated that Beth Markham with the town’s Environmental department would be the best person to ask. Commissioner Lockman: Can the town help drive strategies to address underutilized parking? Spence: Stated that generally the housing district does not have this issue. Pratt: Thinks that the added flexibility is good and likes that the additional November 3, 2020 - Page 185 of 214 framework gives the P E C something more to work with rather than just evaluating a request made by the applicant. Gillette: One concern is that there is no baseline requirement. Spence: Staff did previously write a version of this with a minimum parking requirement of one space per unit. The V L HA opposed this. Gillette: Thinks that a baseline does need to be in this language. Applicants have to start somewhere. There then followed a short discussion on the idea of including a baseline and the existing housing developments in town. The P E C was generally supportive of a baseline. Gillette: Also still feels that a survey of the public in the housing district is needed to move forward with this proposal. Suggested some example questions like “How much would you pay for a parking space?”, “Are you interested in a vehicle share program”, etc. Spence and Kjesbo stated that they still felt that the town already knows how these questions will be answered. These regulations are aimed at developers more than tenants. Perez: Sees both points and thinks that the survey is helpful to understand the market desire in town. Public Comment opened Steve Lindstrom (V LHA): This proposal was discussed at the most recent V L HA meeting and is a topic they have been interested in for a while. They have seen a wide variety of parking and mobility proposals over time. Discussed examples of First Chair and Chamonix that both have very different needs and outcomes. This would allow the developer to propose their parking solution to the P E C. I t would allow the P E C to review these proposals from the resident and developer needs rather than starting with the car and working backwards. Stated that a parking space is close to the cost of an apartment unit. Thinks it is better to start with a mobility proposal and move towards more parking if needed, rather than working in the reverse direction. Rollie Kjesbo moved to recommend approval with conditions. Henry Pratt seconded the motion and it passed (5-1). Ayes:(5)Kjesbo, Kurz, Lockman, Perez, Pratt Nays:(1)Gillette Absent:(1)Seibert 2.3.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 12-9A-10 Amendment Procedures, Vail Town Code, to change the notification requirements for a Minor Amendment to an S D D, and setting forth details in regard thereto. (P E C20-0018) 30 min. Applicant:Town of Vail Planner:Greg Roy Planner Roy: I ntroduced the proposal by discussing the review and November 3, 2020 - Page 186 of 214 notification requirements currently for minor S D D amendments. The current language has notification sent out to all neighbors saying that the review is occurring. The proposal would make it so that this notice would let neighbors know what the staff decision was. This is in line with how we handle other staff-level P E C items. Gillette: Asked about Mr. Mauriello’ s comments. Roy: Talked about how these comments were considered. Spence: Stated that minor amendments have fairly specific standards and parameters for review. Roy: Elaborated by mentioning that minor S D D amendments include things like changes to landscaping and <5% changes in building footprints. Kjesbo: Agrees that major amendments cannot be noticed in this way, they are potentially too significant of a change. Pratt: Stated that noticing for major amendments to notice all residents in an S D D is difficult. Appropriate for a major amendment but likely not for a minor one. No public comment. Rollie Kjesbo moved to recommend approval. Brian Gillette seconded the motion and it passed (6-0). Absent:(1)Seibert 2.4.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 12-23-6: Methods of Mitigation and Section 12-24- 6: Methods of Mitigation, Vail Town Code, to update the Payment of Fees in Lieu provisions of Commercial Linkage and I nclusionary Zoning, and setting forth details in regard thereto. (P E C20-0027) The applicant has requested this item be tabled to October 12, 2020. 5 min. Applicant:Town of Vail, represented by George Ruther Planner: Rollie Kjesbo moved to table to October 12, 2020. Brian Gillette seconded the motion and it passed (6-0). Absent:(1)Seibert 3.Approval of Minutes 3.1.September 14, 2020 P E C Meeting Results Rollie Kjesbo moved to approve. Karen Perez seconded the motion and it passed (6-0). Absent:(1)Seibert 4.Adjournment November 3, 2020 - Page 187 of 214 Brian Gillette moved to adjourn. Rollie Kjesbo seconded the motion and it passed (6-0). Absent:(1)Seibert The applications and information about the proposals are available for public inspec tion during regular offic e 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 vis its that prec ede the public hearing in the Tow n of Vail Community Development Department. Times and order of items are approximate, subject to c hange, and c annot be relied upon to determine at w hat time the Planning and Environmental Commission w ill c onsider an item. Please c all (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department November 3, 2020 - Page 188 of 214 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Ordinance No. 14, Series of 2020, 2nd Reading, Ordinance to add S ection 13- 14, Administrative L ot L ine Adjustment and E limination Procedures, Vail Town Code, to add an administrative procedure for the adjustment or elimination of lot lines between existing platted lots P RE S E NT E R(S ): J onathan S pence, Planning Manager AC T IO N RE Q UE S T E D O F C O UNC I L: T he Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 14, S eries of 2020, upon second reading. B AC K G RO UND: Currently the P lanning and E nvironmental Commission reviews applications for the adjustment or elimination of lot lines between existing platted lots as a Minor S ubdivision. The Community Development Department and the Planning and Environmental Commission have expressed agreement that this public review has been unnecessary and did not add value, as a review for compliance with relevant standards had already occurred. S TAF F RE C O M M E ND AT IO N: On S eptember 28, 2020, the P lanning and E nvironmental Commission (P E C) forwarded a unanimous recommendation, for approval, for a prescribed regulation amendment, pursuant to Section 12-3-7, A mendment, Vail Town Code. AT TAC H ME N TS: Description Staff Memorandum Attachment A. Ordinance No. 14, Series of 2020 Attachment B. Staff Memorandum, P E C20-0019, September 28, 2020 Attachment C. P E C Minutes, September 28, 2020 November 3, 2020 - Page 189 of 214 TO: Vail Town Council FROM: Community Development Department DATE: November 3, 2020 SUBJECT: Second reading of Ordinance No. 14, Series of 2020, an ordinance to add Section 13-14, Administrative Lot Line Adjustment and Elimination Procedures, Vail Town Code, to add an administrative procedure for the adjustment or elimination of lot lines between existing platted lots, and setting forth details in regard thereto. (PEC20-0019) Applicant: Town of Vail Planner: Jonathan Spence I. SUMM ARY The applicant, Town of Vail, is requesting a second reading of Ordinance No. 14, Series of 2020, an ordinance to add Section 13-14, Administrative Lot Line Adjustment and Elimination Procedures, Vail Town Code, to add an administrative procedure for the adjustment or elimination of lot lines between existing platted lots, and setting forth details in regard thereto. On September 28, 2019, the Planning and Environmental Commission (PEC) forwarded a unanimous recommendation, for approval, for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code. Please find the staff memorandum to the PEC included as Attachment B and the minutes from the September 28th meeting included as Attachment C. On October 20, 2020 the Vail town Council unanimously approved Ordinance No. 14, Series of 2020 on first reading. II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 14, Series of 2020, upon second reading. III. DESCRIPTION OF THE REQUEST The applicant is requesting a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to add Section 13-14, Administrative Lot Line Adjustment and Elimination Procedures, Vail Town Code, adding an administrative procedure for the November 3, 2020 - Page 190 of 214 Tow n of Vail Page 2 adjustment or elimination of lot lines between existing platted lots. The proposed new section would allow administrative review, where appropriate, for amendments to existing plats where compliance with development standards is maintained. IV. BACKGROUND Currently the Planning and Environmental Commission reviews applications for the adjustment or elimination of lot lines between existing platted lots as a Minor Subdivision. This type of review generally occurs three of four times each year. The Community Development Department and the Planning and Environmental Commission have expressed agreement that this public review has been unnecessary and did not add value, as a review for compliance with relevant standards had already occurred. Administrative review of plats currently occurs and involves departments within the town in addition to outside agencies (Fire, Public Works, Utilities, Etc.) This amendment allows staff to refer an application to the Commission if the project is in any way not in compliance with development or subdivision standards. IV. PROPOSED TEXT AMENDMENT The new section is shown below: Chapter 14 ADMINISTRATIVE LOT LINE ADJUSTMENTS AND ELIMINATIONS 13-14-1: PURPOSE AND INTENT: 13-14-2: CONSULTATION REQUIRED; PRELIMINARY REVIEW: 13-14-3: SUBMITTAL REQUIREMENTS, PLAT PROCEDURE AND CRITERIA FOR REVIEW: 13-14-4: APPEAL OF ADMINISTRATOR'S DECISION: 13-14-5: FILING AND RECORDING: 13-14-1: PURPOSE AND INTENT: The purpose of this chapter is to establish criteria and an appropriate review process whereby the administrator may approve lot line adjustments and/or eliminations to previously approved plats. This process is intended to allow for the administrative review of adjustments or eliminations of existing lot lines where no "subdivision" occurs and conformance with applicable provisions of this code has been demonstrated. 13-14-2: CONSULTATION REQUIRED; PRELIMINARY REVIEW: Prior to the submittal of a lot line adjustments and/or elimination requests, the applicant shall meet with the administrator to determine if the request is consistent with the lot line adjustments and/or eliminations criteria outlined in section 13-14-3 of this chapter. If the administrator determines the subject application would circumvent significant and relevant elements of the subdivision review process and/or is inconsistent with relevant standards of November 3, 2020 - Page 191 of 214 Tow n of Vail Page 3 Title 12, Zoning Regulations, the application shall be reviewed pursuant to the "subdivision" or "exemption plat" review processes outlined in this title. 13-14-3: SUBMITTAL REQUIREMENTS, PLAT PROCEDURE AND CRITERIA FOR REVIEW: A. Submission Of Proposal; Waiver Of Requirements: The applicant shall submit the proposal following the requirements for a final plat in subsection 13-3-6B of this title, with the provision that certain requirements may be waived by the administrator if determined to be not applicable to the project. B. Plat Procedure: Upon receiving a complete submittal with payment of applicable fee, the administrator shall route the proposed plat to appropriate town staff and outside agencies. The administrator shall sign the plat if approved, require modifications on the plat for approval, or deny approval due to inconsistencies with the required findings for approval, or failure to make other required modifications. Lot line adjustments and/or eliminations plats must contain a statement accurately describing the purpose of the lot line adjustments and/or eliminations. C. Criteria for Review: A lot line adjustment and/or elimination plat may be approved upon the findings that: 1. The lot line adjustment and/or elimination plat is in accordance with all applicable town ordinances, standards, and the original conditions of plat approval; 2. Nonconformities are not created. In the case of preexisting nonconforming lots, the nonconformity is not increased with the approval of the lot line adjustments and/or eliminations plat; 3. The approval will not adversely affect the public health, safety, and welfare; 4. Provisions for adequate access and infrastructure have been demonstrated by the applicant and are indicated on the proposed lot line adjustments and/or eliminations plat. 13-14-4: APPEAL OF ADMINISTRATOR'S DECISION: The administrator's decision may be appealed to the planning and environmental commission and such appeal shall follow procedures set forth in section 12-3-3 of this code. 13-14-5: FILING AND RECORDING: The department of community development or applicant will record the plat and any related covenants with the Eagle County clerk and recorder; however, no plat shall be recorded unless prior to the time of recording, the applicant provides the town with a certification from the Eagle County treasurer's office indicating that all ad valorem taxes applicable to such property(s), for years prior to that year in which approval is granted, have been paid. Fees for recording shall be paid by the applicant. A lot line adjustments and/or eliminations plat may not be recorded until applicable appeals periods have expired in accordance with the November 3, 2020 - Page 192 of 214 Tow n of Vail Page 4 provisions of subsection 13-3-5C of this title. VI. REVIEW CRITERIA Section 12-3-7(C)(2) of the Zoning Regulations identifies the criteria that Town Council must consider for a change to the text of the code. These criteria include the following: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The proposed new subdivision section improves customer service while maintaining the integrity of the subdivision and development standards. This addition furthers the general and specific purposes of the zoning regulations as follows: Section 12-1-2 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. Section 12-1-2 B 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 5. To conserve and maintain established community qualities and economic values. 11. To otherwise provide for the growth of an orderly and viable community. Staff finds this criterion to be met. 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 is compatible with the development objectives of the town and speaks to the customer service expectations of the community. The following are relevant goals of the Town’s Comprehensive Plan that are supported by the new section: Vail Land Use Plan: • Goal 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. November 3, 2020 - Page 193 of 214 Tow n of Vail Page 5 • Goal 1.3. The quality of development should be maintained and upgraded whenever possible. Staff finds this criterion to be met. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The Planning and Environmental Commission and the Community Development Department have recognized an opportunity to increase customer service while maintaining the integrity of the subdivision and development standards over the past two to three years. The lack of an administrative option for the review of these type of applications appears to be an oversight. The scope of projects falling under the proposed section are consistent with other existing administrative reviews. Staff finds this criterion to be met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The amendment preserves a harmonious, convenient, and workable relationship among land uses consistent with municipal objectives by maintaining the integrity of the subdivision and development standards while improving customer service. As a result, staff finds this criterion to be met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VI. RECOMMENDED MOTION Should the Vail Town Council choose to approve Ordinance No.14, Series of 2020, upon second reading, the Community Development Department recommends the Council pass the following motion: “The Vail Town Council approves, on second reading, Ordinance No. 14, Series of 2020, an ordinance to add Section 13-14, Administrative Lot Line Adjustment and Elimination Procedures, Vail Town Code, to add an administrative procedure for the adjustment or elimination of lot lines between existing platted lots, and setting forth details in regard thereto.” Should the Vail Town Council choose to approve Ordinance No. 14 Series of 2020, the Community Development Department recommends the Council m ake the following November 3, 2020 - Page 194 of 214 Tow n of Vail Page 6 findings: “Based upon the review of the criteria outlined in Sections VIII of the Staff memorandum to the Planning and Environmental Commission dated September 28, 2020 and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.” VII. ATTACHMENTS A. Ordinance No. 14, Series of 2020 B. Staff Memorandum, PEC20-0019, September 28, 2020 C. PEC Minutes, September 28, 2020 November 3, 2020 - Page 195 of 214 ORDINANCE NO. 14 Series of 2020 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, TO ADD SECTION 13-14, ADMINISTRATIVE LOT LINE ADJUSTMENT AND ELIMINATION PROCEDURES, VAIL TOWN CODE, TO ADD AN ADMINISTRATIVE PROCEDURE FOR THE ADJUSTMENT OR ELIMINATION OF LOT LINES BETWEEN EXISTING PLATTED LOTS, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Planning and Environmental Commission (the “PEC”) held a properly noticed public hearing on the proposed amendment on September 28, 2020 in accordance with the provisions of the Vail Town Code; WHEREAS, the PEC recommended approval of the proposed amendment at its September 28, 2020 meeting, and has submitted its recommendation to the Town Council; WHEREAS, the Council finds that the proposed amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; WHEREAS, the Council finds that the proposed amendments further the general and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and WHEREAS, the Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 13, Subdivision regulations, is hereby amended include a new section, 13-14, Administrative Lot Line Adjustment and Elimination Procedures, Vail Town Code, as follows: Chapter 14 ADMINISTRATIVE LOT LINE ADJUSTMENTS AND ELIMINATIONS November 3, 2020 - Page 196 of 214 13-14-1: PURPOSE AND INTENT: 13-14-2: CONSULTATION REQUIRED; PRELIMINARY REVIEW: 13-14-3: SUBMITTAL REQUIREMENTS, PLAT PROCEDURE AND CRITERIA FOR REVIEW: 13-14-4: APPEAL OF ADMINISTRATOR'S DECISION: 13-14-5: FILING AND RECORDING: 13-14-1: PURPOSE AND INTENT: The purpose of this chapter is to establish criteria and an appropriate review process whereby the administrator may approve lot line adjustments and/or eliminations to previously approved plats. This process is intended to allow for the administrative review of adjustments or eliminations of existing lot lines where no "subdivision" occurs and conformance with applicable provisions of this code has been demonstrated. 13-14-2: CONSULTATION REQUIRED; PRELIMINARY REVIEW: Prior to the submittal of a lot line adjustments and/or elimination requests, the applicant shall meet with the administrator to determine if the request is consistent with the lot line adjustments and/or eliminations criteria outlined in section 13-14- 3 of this chapter. If the administrator determines the subject application would circumvent significant and relevant elements of the subdivision review process and/or is inconsistent with relevant standards of Title 12, Zoning Regulations, the application shall be reviewed pursuant to the "subdivision" or "exemption plat" review processes outlined in this title. 13-14-3: SUBMITTAL REQUIREMENTS, PLAT PROCEDURE AND CRITERIA FOR REVIEW: A. Submission Of Proposal; Waiver Of Requirements: The applicant shall submit the proposal following the requirements for a final plat in subsection 13-3-6B of this title, with the provision that certain requirements may be waived by the administrator if determined to be not applicable to the project. B. Plat Procedure: Upon receiving a complete submittal with payment of applicable fee, the administrator shall route the proposed plat to appropriate town staff and outside agencies. The administrator shall sign the plat if approved, require modifications on the plat for approval, or deny approval due to inconsistencies with the required findings for approval, or failure to make other required modifications. Lot line adjustments and/or eliminations plats must contain a statement accurately describing the purpose of the lot line adjustments and/or eliminations. C. Criteria for Review: A lot line adjustment and/or elimination plat may be approved upon the findings that: November 3, 2020 - Page 197 of 214 1. The lot line adjustment and/or elimination plat is in accordance with all applicable town ordinances, standards, and the original conditions of plat approval; 2. Nonconformities are not created. In the case of preexisting nonconforming lots, the nonconformity is not increased with the approval of the lot line adjustments and/or eliminations plat; 3. The approval will not adversely affect the public health, safety, and welfare; 4. Provisions for adequate access and infrastructure have been demonstrated by the applicant and are indicated on the proposed lot line adjustments and/or eliminations plat. 13-14-4: APPEAL OF ADMINISTRATOR'S DECISION: The administrator's decision may be appealed to the planning and environmental commission and such appeal shall follow procedures set forth in section 12-3-3 of this code. 13-14-5: FILING AND RECORDING: The department of community development or applicant will record the plat and any related covenants with the Eagle County clerk and recorder; however, no plat shall be recorded unless prior to the time of recording, the applicant provides the town with a certification from the Eagle County treasurer's office indicating that all ad valorem taxes applicable to such property(s), for years prior to that year in which approval is granted, have been paid. Fees for recording shall be paid by the applicant. A lot line adjustments and/or eliminations plat may not be recorded until applicable appeals periods have expired in accordance with the provisions of subsection 13-3-5C of this title. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. November 3, 2020 - Page 198 of 214 The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of October, 2020, and a public hearing for second reading of this Ordinance set for the 3rd day of November, 2020, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Town Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of November, 2020. _____________________________ Dave Chapin, Town Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk November 3, 2020 - Page 199 of 214 TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 28, 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 add Section 13-14, Administrative Lot Line Adjustment and Elimination Procedures, Vail Town Code, to add an administrative procedure for the adjustment or elimination of lot lines between existing platted lots, and setting forth details in regard thereto. (PEC20-0019) Applicant: Town of Vail Planner: Jonathan Spence I. SUMMARY The Town of Vail Community Development Department 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 addSection 13-14, Administrative Lot Line Adjustment and Elimination Procedures, Vail Town Code, adding an administrative procedure for the adjustment or elimination of lot lines between existing platted lots. Based upon staff’s review of the criteria outlined in Section VI 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 for the proposed Prescribed Regulations Amendment. II. DESCRIPTION OF REQUEST This is a request for a recommendation to the Vail Town Council to add Section 13-14, Administrative Lot Line Adjustment and Elimination Procedures, Vail Town Code, adding an administrative procedure for the adjustment or elimination of lot lines between existing platted lots. The proposed new section would allow administrative review, where appropriate, for amendments to existing plats where compliance with development standards is maintained. Please see Section IV of the report for language of the proposed new section. November 3, 2020 - Page 200 of 214 Town of Vail Page 2 III. BACKGROUND Currently the Planning and Environmental Commission reviews applications for the adjustment or elimination of lot lines between existing platted lots as a Minor Subdivision. This type of review generally occurs three of four times each year. The Community Development Department and the Planning and Environmental Commission have expressed agreement that this public review has been unnecessary and did not add value, as a review for compliance with relevant standards had already occurred. Administrative review of plats currently occurs and involves departments within the town in addition to outside agencies (Fire, Public Works, Utilities, Etc.) This amendment allows staff to refer an application to the Commission if the project is in any way not in compliance with development or subdivision standards. IV. PROPOSED TEXT AMENDMENT The new section is shown below: Chapter 14 ADMINISTRATIVE LOT LINE ADJUSTMENTS AND ELIMINATIONS 13-14-1: PURPOSE AND INTENT: 13-14-2: CONSULTATION REQUIRED; PRELIMINARY REVIEW: 13-14-3: SUBMITTAL REQUIREMENTS, PLAT PROCEDURE AND CRITERIA FOR REVIEW: 13-14-4: APPEAL OF ADMINISTRATOR'S DECISION: 13-14-5: FILING AND RECORDING: 13-14-1: PURPOSE AND INTENT: The purpose of this chapter is to establish criteria and an appropriate review process whereby the administrator may approve lot line adjustments and/or eliminations to previously approved plats. This process is intended to allow for the administrative review of adjustments or eliminations of existing lot lines where no "subdivision" occurs and conformance with applicable provisions of this code has been demonstrated. 13-14-2: CONSULTATION REQUIRED; PRELIMINARY REVIEW: Prior to the submittal of a lot line adjustments and/or elimination requests, the applicant shall meet with the administrator to determine if the request is consistent with the lot line adjustments and/or eliminations criteria outlined in section 13-14-3 of this chapter. If the administrator determines the subject application would circumvent significant and relevant elements of the subdivision review process and/or is inconsistent with relevant November 3, 2020 - Page 201 of 214 Town of Vail Page 3 standards of Title 12, Zoning Regulations, the application shall be reviewed pursuant to the "subdivision" or "exemption plat" review processes outlined in this title. 13-14-3: SUBMITTAL REQUIREMENTS, PLAT PROCEDURE AND CRITERIA FOR REVIEW: A. Submission Of Proposal; Waiver Of Requirements: The applicant shall submit the proposal following the requirements for a final plat in subsection 13-3-6B of this title, with the provision that certain requirements may be waived by the administrator if determined to be not applicable to the project. B. Plat Procedure: Upon receiving a complete submittal with payment of applicable fee, the administrator shall route the proposed plat to appropriate town staff and outside agencies. The administrator shall sign the plat if approved, require modifications on the plat for approval, or deny approval due to inconsistencies with the required findings for approval, or failure to make other required modifications. Lot line adjustments and/or eliminations plats must contain a statement accurately describing the purpose of the lot line adjustments and/or eliminations. C. Criteria for Review: A lot line adjustment and/or elimination plat may be approved upon the findings that: 1. The lot line adjustment and/or elimination plat is in accordance with all applicable town ordinances, standards, and the original conditions of plat approval; 2. Nonconformities are not created. In the case of preexisting nonconforming lots, the nonconformity is not increased with the approval of the lot line adjustments and/or eliminations plat; 3. The approval will not adversely affect the public health, safety, and welfare; 4. Provisions for adequate access and infrastructure have been demonstrated by the applicant and are indicated on the proposed lot line adjustments and/or eliminations plat. 13-14-4: APPEAL OF ADMINISTRATOR'S DECISION: The administrator's decision may be appealed to the planning and environmental commission and such appeal shall follow procedures set forth in section 12-3-3 of this code. 13-14-5: FILING AND RECORDING: The department of community development or applicant will record the plat and any related covenants with the Eagle County clerk and recorder; however, no plat shall be recorded unless prior to the time of recording, the applicant provides the town with a November 3, 2020 - Page 202 of 214 Town of Vail Page 4 certification from the Eagle County treasurer's office indicating that all ad valorem taxes applicable to such property(s), for years prior to that year in which approval is granted, have been paid. Fees for recording shall be paid by the applicant. A lot line adjustments and/or eliminations plat may not be recorded until applicable appeals periods have expired in accordance with the provisions of subsection 13-3-5C of this title. V. APPLICABLE PLANNING DOCUMENTS Title 12 – Zoning Regulations, Vail Town Code Section 3-7 Amendment (in part) A. Prescription: The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended or repealed by the town council in accordance with the procedures prescribed in this chapter. B. Initiation: 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. 2. A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the administrator. VI. REVIEW CRITERIA Section 12-3-7(C)(2) of the Zoning Regulations identifies the criteria that the Planning and Environmental Commission must consider before making a recommendation for a change to the text of the code. These criteria include the following: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and November 3, 2020 - Page 203 of 214 Town of Vail Page 5 The proposed new subdivision section improves customer service while maintaining the integrity of the subdivision and development standards. This addition furthers the general and specific purposes of the zoning regulations as follows: Section 12-1-2 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. Section 12-1-2 B 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 5. To conserve and maintain established community qualities and economic values. 11. To otherwise provide for the growth of an orderly and viable community. Staff finds this criterion to be met. 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 is compatible with the development objectives of the town and speaks to the customer service expectations of the community. The following are relevant goals of the Town’s Comprehensive Plan that are supported by the new section: Vail Land Use Plan: • Goal 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. • Goal 1.3. The quality of development should be maintained and upgraded whenever possible. Staff finds this criterion to be met. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and November 3, 2020 - Page 204 of 214 Town of Vail Page 6 The Planning and Environmental Commission and the Community Development Department have recognized an opportunity to increase customer service while maintaining the integrity of the subdivision and development standards over the past two to three years. The lack of an administrative option for the review of these type of applications appears to be an oversight. The scope of projects falling under the proposed section are consistent with other existing administrative reviews. Staff finds this criterion to be met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The amendment preserves a harmonious, convenient, and workable relationship among land uses consistent with municipal objectives by maintaining the integrity of the subdivision and development standards while improving customer service. As a result, staff finds this criterion to be met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VII. STAFF RECOMMENDATION Based upon the analysis of the review criteria contained in Section VI of this memorandum and on the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission make a recommendation to the Vail Town Council to approve a Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to add Section 13-14, Administrative Lot Line Adjustment and Elimination Procedures, Vail Town Code, to add an administrative procedure for the adjustment or elimination of lot lines between existing platted lots, and setting forth details in regard thereto. (PEC20-0019). If the Planning and Environmental Commission chooses to recommend approval of the proposed text amendment, the Community Development Department recommends 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 add Section 13-14, Administrative Lot Line Adjustment and Elimination Procedures, Vail Town Code, to add an administrative procedure for the adjustment or elimination of lot lines between existing platted lots, and setting forth details in regard thereto.” Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed Prescribed November 3, 2020 - Page 205 of 214 Town of Vail Page 7 Regulation Amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section VI of the Community Development Department memorandum dated September 28, 2020 and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the zoning regulations; 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. November 3, 2020 - Page 206 of 214 P L ANNI NG AND E NV I RO NM E NTAL C O M M I S S I O N September 28, 2020, 1:00 P M Virtual 75 S. F rontage Road - Vail, Colorado, 81657 1.Call to Order 1.1.Register in advance for this webinar: https://us02web.zoom.us/webinar/register/W N_t2-dEk2D T0uC R2X Vyxa2Xg After registering, you will receive a confirmation email containing information about joining the webinar. 1.2.Attendance Present: Ludwig Kurz, Karen Perez, Rollie Kjesbo, Brian Gillette, Henry Pratt, J ohn-Ryan Lockman Absent: Pete Seibert 2.Main Agenda 2.1.A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to add Section 13-14, Administrative Lot Line Adjustment and Elimination Procedures, Vail Town Code, to add an administrative procedure for the adjustment or elimination of lot lines between existing platted lots, and setting forth details in regard thereto.. (P E C20-0019) 30 min. Applicant:Town of Vail Planner:J onathan Spence Planner Spence: I ntroduced the project by discussing the frequency of these lot line adjustment requests. W hen these are brought to the P E C, there is generally not a lot more for the P E C to review. The proposed amendment would not change the actual review process with these requests still going through Public W orks and E RW S D. Chairman Kurz: Remembers this topic being discussed with the P E C before. Did the P E C express interest in making these administrative? Spence: Yes. Commissioner Perez: Asked if applicants could still bring the request to the P E C if they wanted. Has encountered individuals who may have wanted to appeal a staff decision to the P E C, but the appeal process adds extra time that an applicant may want to avoid by directly going to the P E C. Spence: These applications are generally the least controversial items we bring to the P E C. Commissioner Gillette: Asked about a possible example of these applications. November 3, 2020 - Page 207 of 214 Spence: Clarified that these applications are generally for small adjustments to the way lot lines are drawn. Typically, the owner is the same for both properties on the line. Gillette: Asked if the appeal process is the same for these as it is for other administrative procedures. Spence: Yes. Rollie Kjesbo moved to recommend approval. Brian Gillette seconded the motion and it passed (6-0). Absent:(1)Seibert 2.2.A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to replace Section 12-6I -8 Parking and Loading, Vail Town Code, with a new section, Section 12-6I -8 Mobility, to address mobility needs of residents in the Housing (H) Zone District, and setting forth details in regard thereto.. (P E C20-0021) 60 min. Applicant:Town of Vail Planner:J onathan Spence 1. The proposed language shall be modified to remove a reference to bikes in the criteria section. 2. The proposed language shall be modified to include a reference to the parking requirements of Chapter 10 as a baseline. Planner Spence: Explained that the Town Council had directed staff to look into alternative methods to the parking requirement in the Housing district. The resulting revised language shifts focus away from vehicle parking but involves a more in-depth analysis into the mobility options for housing projects. Spence then addressed some existing housing district projects as examples. Stated that the management plans of parking and mobility is the greatest indicator of success for these projects. Comment was received from the Vail Local Housing Authority. Kurz: W e also had some comment from the Fire Department. Have his comments been addressed in this proposal? Spence: F D had concerns about existing developments and a concern related to Chamonix development. The Chamonix development met all of the existing requirements of the Code meaning that the issues there are more of an enforcement issue. Kurz: Had a question about local data showing that the Town of Vail is ready to move away from focusing on vehicle parking. Spence: No statistical analysis. I n the Housing district the applicants have always been able to ask for variations from the parking requirement based on other mobility methods. This proposal isn’t meant to replace requirements for vehicle parking if that need still exists, it is meant to provide more flexibility in meeting transportation needs. This proposal does not require reduced parking. This also provides a better framework for mobility management plan requirements, criteria, and enforcement. Gillette: There are different types of employee housing in Vail. Gave the November 3, 2020 - Page 208 of 214 example of permanent employees vs seasonal ski season employees. The code requirements aren’t currently able to address this. Management plan needs to be able to address utility trucks, services vehicles, etc. Spence: Clarified that the Chamonix development met and exceeded the parking requirement and still has issues. Argued that this development is an has similar issues to development in other zone districts related to on street parking. Doesn’t agree that the existing parking requirements aren’t necessarily adequate. Gillette: Remained unconvinced. Felt that other locations also likely want more parking in their neighborhood. Kurz: Asked if Pratt had any data on how the parking situation was at the Sonnenalp? Commissioner Pratt: Says that it is often visitors parking where they aren’t supposed to that is the biggest issue there. Seems that the Fire access issue is related to enforcement. Kurz: Asked about any additional public input related to this proposal. Spence: No. Kurz: Asked about the process for approving this language. Asked Spence to walk the P E C through the different sections. Spence: First section addresses background info surrounding the proposed mobility plan. Pratt: Asked about the weighting of bikes and bike storage for a town that is covered in snow for a significant portion of the year. Finds it odd that they are put on equal footing with car shares and public transit. Spence: There is no intent to weight any of these options. Staff and P E C could review these proposals and make a determination about the appropriateness of proposed bike facilities. The next section provides general review criteria. This give reviewers more of a framework to access a mobility plan. The criteria was meant to be fairly open, no specific standards. Gillette: A bike share should not be considered a replacement of a parking space in this town. Bike parking/share is important but shouldn’t replace other vehicle requirements. Spence asked if other commissioners were supportive of removing bike considerations from the criteria, and the commissioners were supportive of this. Spence: Discussed the next section related to enforcement. Pratt: Asked who would be responsible for enforcement. Spence: Staff would be responsible. Perez: Asked if there was anyone on staff who was specifically tasked to enforcement. Otherwise these regulations and others like conditional use November 3, 2020 - Page 209 of 214 permits are just for show. Spence: Responded with “no”, but that staff often worked with Code Enforcement to assist with enforcement. Stated that concerns with specific projects should be brought up with staff so that staff can be made aware and react. Pratt: Understands that the police will not go on private property to enforce parking standards. W ill this change that? Spence: Explained what can be enforced on private property and that this proposal will have no effect on this. Pratt: Concerned that if a development is not meeting parking needs that they will not be able to correct the issue because the development is already constructed by that point. Spence: Agreed with this sentiment but did not see a clear way around that issue. Gillette: Suggested a survey to be distributed to current Vail districts to get an understanding of existing parking and mobility needs. Spence: Expressed that most people are likely to say that they want more parking, but the town needs to consider the tradeoff of additional parking for less housing. Gillette: Thinks that the survey could be designed to better find that balance. The survey would be more in depth than simply asking if more parking is needed. Spence: Stated that staff could do this. Staff has already talked to the management of several housing district projects. Kurz: Feels that this plan is moving in the right direction, but more discussion is needed to iron out details. Asked to elaborate on the reporting requirements. Spence: The reporting data give staff, P E C, management information on the type of residents in these developments and what their mobility needs are. Spence: Continued by discussing the enforcement procedures. Compared this to conditional use permits where if issues arise, the applicant will have to return to the P E C with an updated proposal. Gillette: Noticed that the electric bikes around town were near some housing development and asked if that was by design. Spence: Stated that Beth Markham with the town’s Environmental department would be the best person to ask. Commissioner Lockman: Can the town help drive strategies to address underutilized parking? Spence: Stated that generally the housing district does not have this issue. Pratt: Thinks that the added flexibility is good and likes that the additional November 3, 2020 - Page 210 of 214 framework gives the P E C something more to work with rather than just evaluating a request made by the applicant. Gillette: One concern is that there is no baseline requirement. Spence: Staff did previously write a version of this with a minimum parking requirement of one space per unit. The V L HA opposed this. Gillette: Thinks that a baseline does need to be in this language. Applicants have to start somewhere. There then followed a short discussion on the idea of including a baseline and the existing housing developments in town. The P E C was generally supportive of a baseline. Gillette: Also still feels that a survey of the public in the housing district is needed to move forward with this proposal. Suggested some example questions like “How much would you pay for a parking space?”, “Are you interested in a vehicle share program”, etc. Spence and Kjesbo stated that they still felt that the town already knows how these questions will be answered. These regulations are aimed at developers more than tenants. Perez: Sees both points and thinks that the survey is helpful to understand the market desire in town. Public Comment opened Steve Lindstrom (V LHA): This proposal was discussed at the most recent V L HA meeting and is a topic they have been interested in for a while. They have seen a wide variety of parking and mobility proposals over time. Discussed examples of First Chair and Chamonix that both have very different needs and outcomes. This would allow the developer to propose their parking solution to the P E C. I t would allow the P E C to review these proposals from the resident and developer needs rather than starting with the car and working backwards. Stated that a parking space is close to the cost of an apartment unit. Thinks it is better to start with a mobility proposal and move towards more parking if needed, rather than working in the reverse direction. Rollie Kjesbo moved to recommend approval with conditions. Henry Pratt seconded the motion and it passed (5-1). Ayes:(5)Kjesbo, Kurz, Lockman, Perez, Pratt Nays:(1)Gillette Absent:(1)Seibert 2.3.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 12-9A-10 Amendment Procedures, Vail Town Code, to change the notification requirements for a Minor Amendment to an S D D, and setting forth details in regard thereto. (P E C20-0018) 30 min. Applicant:Town of Vail Planner:Greg Roy Planner Roy: I ntroduced the proposal by discussing the review and November 3, 2020 - Page 211 of 214 notification requirements currently for minor S D D amendments. The current language has notification sent out to all neighbors saying that the review is occurring. The proposal would make it so that this notice would let neighbors know what the staff decision was. This is in line with how we handle other staff-level P E C items. Gillette: Asked about Mr. Mauriello’ s comments. Roy: Talked about how these comments were considered. Spence: Stated that minor amendments have fairly specific standards and parameters for review. Roy: Elaborated by mentioning that minor S D D amendments include things like changes to landscaping and <5% changes in building footprints. Kjesbo: Agrees that major amendments cannot be noticed in this way, they are potentially too significant of a change. Pratt: Stated that noticing for major amendments to notice all residents in an S D D is difficult. Appropriate for a major amendment but likely not for a minor one. No public comment. Rollie Kjesbo moved to recommend approval. Brian Gillette seconded the motion and it passed (6-0). Absent:(1)Seibert 2.4.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 12-23-6: Methods of Mitigation and Section 12-24- 6: Methods of Mitigation, Vail Town Code, to update the Payment of Fees in Lieu provisions of Commercial Linkage and I nclusionary Zoning, and setting forth details in regard thereto. (P E C20-0027) The applicant has requested this item be tabled to October 12, 2020. 5 min. Applicant:Town of Vail, represented by George Ruther Planner: Rollie Kjesbo moved to table to October 12, 2020. Brian Gillette seconded the motion and it passed (6-0). Absent:(1)Seibert 3.Approval of Minutes 3.1.September 14, 2020 P E C Meeting Results Rollie Kjesbo moved to approve. Karen Perez seconded the motion and it passed (6-0). Absent:(1)Seibert 4.Adjournment November 3, 2020 - Page 212 of 214 Brian Gillette moved to adjourn. Rollie Kjesbo seconded the motion and it passed (6-0). Absent:(1)Seibert The applications and information about the proposals are available for public inspec tion during regular offic e 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 vis its that prec ede the public hearing in the Tow n of Vail Community Development Department. Times and order of items are approximate, subject to c hange, and c annot be relied upon to determine at w hat time the Planning and Environmental Commission w ill c onsider an item. Please c all (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department November 3, 2020 - Page 213 of 214 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: A djournment 7:15 pm (estimate) November 3, 2020 - Page 214 of 214