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HomeMy WebLinkAbout2020-09-28 PEC0 PLANNING AND ENVIRONMENTAL COMMISSION TOW?J OF ffl) September 28, 2020, 1:00 PM Virtual 75 S. Frontage Road -Vail, Colorado, 81657 1. Call to Order 1. 1. Register in advance for this webinar: https://us02web.zoom.us/webinar/register/WN t2-dEk2DTOuCR2XVyxa2Xg 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, John -Ryan Lockman Absent: Pete Seibert Main Agenda 2.1. A request for a recommendation to the Vail Town Council for a Prescribed 30 min. 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.. (PEC20-0019) Applicant: Town of Vail Planner: Jonathan Spence Planner Spence: Introduced the project by discussing the frequency of these lot line adjustment requests. When these are brought to the PEC, there is generally not a lot more for the PEC to review. The proposed amendment would not change the actual review process with these requests still going through Public Works and ERWSD. Chairman Kurz: Remembers this topic being discussed with the PEC before. Did the PEC express interest in making these administrative? Spence: Yes. Commissioner Perez: Asked if applicants could still bring the request to the PEC if they wanted. Has encountered individuals who may have wanted to appeal a staff decision to the PEC, but the appeal process adds extra time that an applicant may want to avoid by directly going to the PEC. Spence: These applications are generally the least controversial items we bring to the PEC. Commissioner Gillette: Asked about a possible example of these applications. 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 60 min. Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to replace Section 12-61-8 Parking and Loading, Vail Town Code, with a new section, Section 12-61-8 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 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: We also had some comment from the Fire Department. Have his comments been addressed in this proposal? Spence: FD 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. In 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 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 PEC 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 PEC 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 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. Will 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, PEC, 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 PEC 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 framework gives the PEC 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 VLHA 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 PEC 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 (VLHA): This proposal was discussed at the most recent VLHA 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 PEC. It would allow the PEC 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 30 min. 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 SDD, and setting forth details in regard thereto. (PEC20-0018) Applicant: Town of Vail Planner: Greg Roy Planner Roy: Introduced the proposal by discussing the review and notification requirements currently for minor SDD 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 PEC 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 SDD 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 SDD 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 5 min. 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. (PEC20-0027) The applicant has requested this item be tabled to October 12, 2020. 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 PEC Meeting Results Rollie Kjesbo moved to approve. Karen Perez seconded the motion and it passed (6-0). Absent: (1) Seibert 4. Adjournment 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 inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: Register in advance for this webinar: https:Hus02web.zoom.us/webinar/register/WN t2-dEk2DT0uCR2XVyxa2Xg After registering, you will receive a confirmation email containing information aboutjoining the webinar. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: Attendance City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: September 28, 2020 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to 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) ATTACHMENTS: File Name Description PEC20-0019 Staff Memo.pdf Staff memorandum 0) rowN of vain Memorandum 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 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. 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 Town of Vail Page 2 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 13-3-613 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 Town of Vail Page 3 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. nitiation: 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 Town of Vail Page 4 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 8 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 Town of Vail Page 5 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 Town of Vail Page 6 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. inds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town, and 2. That the amendment furthers the general and specific purposes of the zoning regulations, 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. Town of Vail Page 7 City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: September 28, 2020 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to replace Section 12-61-8 Parking and Loading, Vail Town Code, with a new section, Section 12-61-8 Mobility, to address mobility needs of residents in the Housing (H) Zone District, and setting forth details in regard thereto.. (PEC20- 0021) ATTACHMENTS: File Name PEC20-0021 Staff Memo.pdf Description Staff memorandum Attachment A. Memo from VLHA February 23 2020.pdf Attachment A. Memo from VLHA, February 23, 2020 Attachment B. Memo to Town Council July 21 2020 with Attachments.pdf Attachment B. Memo to Town Council, July 21, 2020 with Attachments Attachment C. Memo to Town Council February 18 2020.pdf Attachment C. Memo to Town Council, February 18, 2020 0) rowN of vain Memorandum 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 12-61-8 Parking and Loading, Vail Town Code, with a new section, Section 12-61-8 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 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 12-61-8 Parking and Loading, Vail Town Code, with a new section, Section 12-61-8 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- 61-8 Parking and Loading with a new section, Section 12-61-8 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. 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.sterlinqcodifiers.com/codebook/getBookData.php?chapter id=34610#3461 0 Town of Vail Page 2 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. 12-61-8: 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. nclude: 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 Ride 113 197 153 1.35 .78 Timber Ride 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 Town of Vail Page 3 IV. EXISTING AND PROPOSED TEXT Existing 12-61-8 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. nclude: 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: 12-61-8: 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 Town of Vail Page 4 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: Town of Vail Page 5 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. nitiation: 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 Town of Vail Page 6 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 8 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. Town of Vail Page 7 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 lan: 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 alues: 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. Town of Vail Page 8 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) Town of Vail Page 9 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 12-61-8 Parking and Loading, Vail Town Code, with a new section, Section 12-61-8 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. inds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town, and 2. That the amendment furthers the general and specific purposes of the zoning regulations, 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 Town of Vail Page 10 rowN of VAIL 51 75 South Frontage Road West Vail, Colorado 81657 vailgov.com MEMORANDUM To: Vail Town Council Town of Vail Planning & Environmental Commission From: Vail Local Housing Authority Date: September 23, 2020 Housing Department 970.479.2150 Re: Proposed Parking Requirement Amendments — Housing (H) District 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. • 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. Town of Vail Page 2 Town of Vail Page 2 TOWN OF VAIL � Memorandum 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 152 Sec. 12-6/-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. Town of Vail Page 2 July 21, 2020 - Page 39 of 152 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 12-61-8 B. Correspondence from Chief Novak Town of Vail Page 3 July 21, 2020 - Page 40 of 152 Scrap 12-61-8 Parking and Loading Replace with: 12-61-8: 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 152 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 152 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), 1 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.vailciov.com/fire Prevent Loss, Serve Others, Protect and Enhance the Quality of Life TOWN OF VAIL July 21, 2020 - Page 43 of 152 J A- ` a O 4.1 Q 0 0 E E 0 V M 0 0 10 0 LO 0) co 0- 0 N O N N O N Ln E E O U c E 0- 0 0 0 c E E 0 U M 0 0 0 a� 0) co 0- 0 N O N N U W 'n c6 � }' •� ate.., � � 0 Ln � Ln v 4J �J 4J c6 � N — N O v O C: j E Ln w Q O O a-+ Q p 0 O-0 N Q > U 4J Nf6 4J E f6 Q 4-J O C1A a••+ a-+ O O 4J Ln � U E > UO c6 O c6 QJ U OU 0 4 -JJ u C 4 -JN = a"' p a% N c6 `� • a"' p N � i >, O -0 Ln 0 > Ln .� w U O O v Ln O >, v U C �_ O N O — c6 `n Ln >' Ln •N O v �� p 0 •� j� 0 v +_+ O a-+ d 4J Ln U f6 C6 C6 4-J ate' U N Q f6 4J Ln O U v 4A u v v v 4�, >, O v O — Q Ln 4-1 c6 c6 v c6 c6 U +_+ }, c6 O j O c6 — 4J j 4J E +' Ln +•+ u 4A O Q a)C: c6 N Q O v O O v O E O v Q a-+ N v v U Q v U Q a u Q� 4 .� Q Q m U w O N Ln E E O U c E 0- 0 0 0 c E E 0 U M 0 0 0 a� 0) co 0- 0 N O N N 4.1 E 0- E E E 0 V M 0 c 3 0 10 0 0) co N O N N v a 0 a JQ i v � � � a � v � v v a o � a o L - z J 4.1 E 0- E E E 0 V M 0 c 3 0 10 0 0) co N O N N W1171 Memorandum To: From: Date: Subject: Vail Town Council Matt Gennett, Community Development Director February 18, 2020 Mobility and Parking Requirements- Policy Discussion 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. 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 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. ommission: 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 Housina (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. 12-61-8): 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.- Town nclude: Town of Vail Page 2 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. nclude: 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. Town of Vail Page 3 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. rea: 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. Town of Vail Page 4 City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: September 28, 2020 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for a Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-9A-10 Amendment Procedures, Vail Town Code, to change the notification requirements for a Minor Amendment to an SDD, and setting forth details in regard thereto. (PEC20-0018) OTTOCHMFNTS- File Name Description Staff Memorandum PEC20-0018 (amendment procedures) Final.docx Staff Memorandum PEC20-0018 Public Comment - Mauriello 9-25-2020.pdf Public Comment 0 TOWN OF VAII Memorandum 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 amend Section 12-9A-10 Amendment Procedures, Vail Town Code, to change the notification requirements for a Minor Amendment to an SDD, and setting forth details in regard thereto. (PEC20-0018) Applicant: Town of Vail Planner: Greg Roy I. SUMMARY The applicant, Town of Vail, is proposing to update the Vail Town Code to change the notification requirements for a Minor Amendment to an Special Development District (SDD). II. DESCRIPTION OF REQUEST The Applicant is requesting 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 12-9A-10 Amendment Procedures, Vail Town Code, to change the notification requirements for a Minor Amendment to an SDD by allowing noticing for condominium projects to be satisfied by notifying the managing agency, and setting forth details in regard thereto. (PEC20-0018) BACKGROUND The Special Development District process was enacted in 1988 with Ordinance No. 21, Series of 1988. It created the existing SDD language which is further being refined with this amendment. A Minor Amendment is an amendment to an SDD that falls within certain guidelines that is able to be approved at a staff level. A Minor Amendment is defined as follows: "MINOR AMENDMENT (STAFF REVIEW). Modifications to building plans, site or landscape plans that do not alter the basic intent and character of the approved special development district and are consistent with the design criteria of this article. Minor amendments may include, but not be limited to, variations of not more than five feet (5) to approved setbacks and/or building footprints, changes to landscape or site plans that do not adversely impact pedestrian or vehicular circulation throughout the special development district; or changes to gross floor area (excluding residential uses) of not more than five percent (5%) of the approved square footage of retail, office, common areas and other nonresidential floor area, except as provided under section 12-15-4, "Interior Conversions"; or 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance)'; of this title." The proposed changes would make the notification process for this the same as what is currently used in other areas of the code, such as notification for development in the CC1 or LMU-1 zone districts or administrative appeals. As an example, the section on noticing for a CC1 or LMU-1 in accordance with Section 12-3-6 is below (bolded for emphasis): 12-3-6. HEARINGS.- A. EARINGS. A. Conduct. When required by statute or by this title, hearings before the planning and environmental commission and the town council shall be conducted in accordance with the provisions of this chapter. B. Setting Date. Upon the filing of an application, petition or appeal, the disposition of which requires a hearing before either the planning and environmental commission or the town council or both, pursuant to this title, a date for the hearing shall be set which shall be not more than thirty (30) days from the date of filing of the application or receipt of the document. C. Notice.- 1. otice: 1. Not less than fifteen (15) days prior to the date set for the hearing before the planning and environmental commission, the administrator shall cause a copy of the notice to be published once in a newspaper of general circulation in the town. 2. In addition to the published notice, the administrator shall cause a copy of the notice to be mailed by first class mail, postage prepaid to the owner or owners of record of the property which is subject of the hearing and the owner or owners of record of the property adjacent to the subject property (if the adjacent property is a condominium project, notice may be mailed to the managing agent, registered agent or any member of the board of directors thereon, for: a. Application to change in zone district boundaries,- Town oundaries, Town of Vail Page 2 b. Application for a conditional use permit; c. Application for a variance,- d. ariance, d. Application relating to development plans for special development districts, or e. Application to change the density control sections of a zone district. 3. The within required notices shall state the time and place of the hearing, name of the applicant, a general description of the subject property indicating its location (which may be shown by map), a brief summary of the subject matter of the hearing, and a statement that the application or information relating to the proposed change or amendment is available in the administrator's office during regular business hours for review or inspection by the public. Similar language is found in Section 12-3-3 Appeals, in part, quoted below (bolded for emphasis): "Such notice shall be accompanied by the name and addresses (person's mailing and property's physical) of the appellant, applicant, property owner, and adjacent property owners (the list of property owners within a condominium project shall be satisfied by listing the addresses for the managing agent or the board of directors of the condominium association) as well as specific and articulate reasons for the appeal on forms provided by the town." These two examples are taken from sections where noticing is an integral part of the public process and have functioned as intended with adequate noticing in the past. Since these sections have shown that noticing can be appropriately done with applications of this level of review, minor SDD amendments that can be staff reviewed should have the same level of notification. Staff believes that it is in the interest of consistency among noticing procedures to change the noticing for minor SDD amendments. IV. PROPOSED TEXT AMENDMENT LANGUAGE The applicant proposes the following language to be added to Title 12: The proposed amendments are as follows (text to be deleted is in c+riLo+hre-,nh, text that is to be added is bold. Sections of text that are not amended have been omitted.): 12-9A-10 A. Minor Amendments -2. Notification of a proposed minor amendment, and a report of staff action of said request, shall be provided to a4 property owners within and adjacent to the special development district that may be affected by the amendment. Provided, however, notification of owners within a condominium project shall be satisfied by notifying the managing agent, or the registered agent of the condominium project, or any member of the board of directors of a condominium association. Affected properties shall be as determined by the department of Town of Vail Page 3 community development. Notifications shall be postmarked no later than five (5) days following staff action on the amendment request and shall include a brief statement describing the amendment and the time and date of when the planning and environmental commission will be informed of the administrative action. In all cases the report to the planning and environmental commission shall be made within twenty (20) days from the date of the staff's decision on the requested amendment. V. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application and make the final decision. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. VI. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Town Code and Vail Land Use Plan are relevant to the review of this proposal: 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 Town of Vail Page 4 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. nitiation. 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. Vail Comprehensive Plan Land Use and Development Goal #3 • Develop a streamlined design review process and include in regulation updates. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The general purposes of the zoning regulations are for "promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality". This text amendment is intended to advance these purposes by providing consistent notification standards in the zoning code. Staff finds this criterion to be met Town of Vail Page 5 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The proposed text amendment will provide community members with a notification procedure that is consistent across applications. The clarification of this section will help better implement and better achieve the adopted goals, objectives and policies in Vail. Staff finds this criterion to be met 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The wording of this section could have been an oversight when it did not include the possibility of satisfying noticing for condominium projects by notifying the managing agency. This is the only section that does not have this language. It is also in Section 12- 3-6 Hearings, that this type of noticing should be the case for an "Application relating to development plans for special development districts". It is intended to that this type of noticing be used for applications such as minor SDD amendments but the language does not match up, which this amendment is proposing to fix. 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 By making the notification process consistent in the zoning code, the proposed text amendment will promote a harmonious, convenient and workable relationship among land use regulations consistent with municipal development objectives. The text amendment does not conflict with other existing land use documents or municipal development objectives. Staff finds 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 amendments Staff will provide additional information as needed should the PEC and/or council determine other factors or criteria applicable to the proposed text amendments. STAFF RECOMMENDATION Town of Vail Page 6 The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval for the prescribed regulation amendment to the Vail Town Council. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulation amendment, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12- 9A-10 Amendment Procedures, Vail Town Code, to change the notification requirements for a Minor Amendment to an SDD, and setting forth details in regard thereto. (PEC20-0018)" Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulation amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon a review of Section VII of the September 28, 2020 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds. 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code,- and ode,and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " Town of Vail Page 7 Greg Roy From: Dominic Mauriello <dominic@mpgvail.com> Sent: Friday, September 25, 2020 2:21 PM To: Greg Roy; Jonathan Spence; Matt Gennett Cc: Matt Mire; Allison Kent Subject: Proposed Text Amendment for Minor SDD amendments Hi Greg I noticed the proposed changes being proposed by staff related to Minor SDD notice. I think that it is great that staff is updating the code where it finds issues with the code language. I have a couple of comments and questions about the proposed. 1. Why would you limit the change to just the minor amendment process and not also include this change for the Major Amendment process as well? There have been instances in the past where a notice mistake was made because the notice requirements for SDD were slightly different than those for any other quasi-judicial application and it would seem to make sense to update that section as well. 2. It seems cumbersome of have notice provisions for SDDs embedded in that chapter when most people refer to the administration chapter to understand notice requirements. I'd recommend you move the SDD notice provisions into the administration chapter so that all notice provisions are consolidated in one place. Thank you for considering my input and please share with the PEC and Town Council. Dominic F. Mauriello, AICP Mauriello Planning Group, LLC 10 11 Zfrrl 2205 Eagle Ranch Road Eagle, Colorado 81631 970-376-3318 cell www.mpgvail.com City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: September 28, 2020 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for a Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-23-6: 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 Inclusionary Zoning, and setting forth details in regard thereto. (PEC20-0027) The applicant has requested this item be tabled to October 12, 2020. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: September 28, 2020 ITEM/TOPIC: September 14, 2020 PEC Meeting Results ATTACHMENTS: File Name Description Pec results 091420.pdf September 14, 2020 PEC Meeting Results PLANNING AND ENVIRONMENTAL COMMISSION TOWN Of VAIO September 14, 2020, 1:00 PM Virtual 75 S. Frontage Road - Vail, Colorado, 81657 Call to Order 1. 1. Register in advance for this webinar: https://us02web. zoom. us/webinar/register/W N_3jfEJ Zt7RfK I v6B bpks3vQ After registering, you will receive a confirmation email containing information about joining the webinar. 1.2. Attendance Present: Ludwig Kurz, Karen Perez (joined late), Rollie Kjesbo, Brian Gillette, Henry Pratt, Pete Seibert, John -Ryan Lockman Absent: None Main Agenda 2.1. A request for review of a Major Exterior Alteration pursuant to Section 12- 45 min. 7A-12, Exterior Alterations or Modifications, Vail Town Code, to allow for the conversion of two existing Employee Housing Units to Accommodation Units and replacing the Employee Housing Units off-site, located at 352 East Meadow Drive/Tract B Vail Village Filing 1, and setting forth details in regard thereto. (PEC20-0025) Applicant: Vail Gravity Haus LLC, represented by Braun Associates, Inc. Planner: Greg Roy Planner Roy introduced the project by explaining the plan for the addition of 2 accommodation units at the Vail Mountain Lodge. He then explained the source of their current parking requirement and how the accommodation units have a lower parking requirement. He then explained that employee housing generated by these units would be located off-site. Staff is supportive of this request. Commissioner Gillette: Asked a question about the employee generation requirement since the requirement is a fraction of a unit. Roy: Explained how the employee generation and housing requirements are written and addressed by applicants. Commissioner Pratt: Asked about code section 12-13-5 and why it doesn't apply. Planner Spence: Explained that section 12-13-5 is intended for removing existing deed restricted units, not for new deed restrictions and that as an amendment to a housing plan, the standards are the same as if it was a new housing plan which allows for offsite units. Gillette: Asked if a deed restriction was made for a unit beyond their requirement, if that would allow them to "bank" that additional employee area Roy: Explained that if they had another bedroom and the minimum square footage listed in the Commercial Linkage table they could have excess to use for another employee generation in the future. Commissioner Lockman: Asked a question about constructing a new deed restricted unit vs. buying a new deed restriction. Roy: The intent of the applicant is to buy an existing unit and deed restrict it, not to build a new unit. Vice -Chair Perez joined the meeting at this point Perez: Asked a question about how the development was noticing employees when vacating existing employee housing units. The employees were given only a few days' notice to move out. Tom Braun: Wasn't sure about this situation specifically but would want to look into more information about it. Said that the management of EHUs would have to comply with Town requirements. Perez and Gillette both asked that a record be made of this concern and asked that Town Council look into the ability of the Town to administrate eviction notice timeframes. This specific issue is not a consideration for the review of this PEC item. Rollie Kjesbo moved to approve. Brian Gillette seconded the motion and it passed (6-0). Abstain: (1) Perez 2.2. A request for a recommendation to the Vail Town Council for a Prescribed 10 min. Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-15-2 GRFA Requirements by Zone District, Vail Town Code, to correct the error in the GRFA calculation table for the PA Zone District, and setting forth details in regard thereto. (PEC20-0020) Applicant: Town of Vail Planner: Greg Roy Planner Roy: Explained the need for the correction in the GRFA table Lockman: Clarified that this appears to just be an error in the code Roy: Explained that a previous code change in one section was not carried over to this GRFA table. Rollie Kjesbo moved to approve. Brian Gillette seconded the motion and it passed (7-0). 2.3. A request for review of an exemption plat, pursuant to Title 13 Chapter 12, 5 min. 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. (PEC20-0015). Staff and the applicant request that this item be continued to the September 28, 2020 public hearing. Applicant: Spraddle Creek Estates Homeowners, represented by Zehren and Associates Planner: Jonathan Spence Rollie Kjesbo moved to table to October 12, 2020. Brian Gillette seconded the motion and it passed (7-0). 2.4. A request for a recommendation to the Vail Town Council for a Prescribed 5 min. Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-16-7: 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) Staff and the applicant request that this item be tabled to the October 12, 2020 public hearing. Applicant: LSC 27 LLC, represented by Mauriello Planning Group Planner: Jonathan Spence Gillette: Asked what is bringing about this tableting. Spence: Some members of the applicant's party were not available for this meeting and there was a small error in the noticing of this item. This is a request related to the use -related criteria for funiculars. Brian Gillette moved to table to October 12, 2020. Karen Perez seconded the motion and it passed (7-0). 3. Approval of Minutes 3.1. August 24, 2020 PEC Results Henry Pratt moved to approve. Brian Gillette seconded the motion and it passed (7-0). 4. Adjournment Karen Perez moved to adjourn. Brian Gillette seconded the motion and it passed (7-0). The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department Ad #: 0000621815-01 Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM Your account number is: 1023233 PROOF OF PUBLICATION VAIL DAILY STATE OF COLORADO COUNTY OF EAGLE I, Mark Wurzer, do solemnly swear that I am Publisher of the VAIL DAILY, that the same daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The VAIL DAILY is an accepted legal advertising medium, only forjurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 9/25/2020 and that the last publication of said notice was dated 9/25/2020 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 10/20/2020. /Ik..Lt,61-d, Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 10/20/2020. Jeri Medina, Notary Public My Commission Expires: August 19, 2024 JEN MFJ)1NA NOTARY Nal1C A OF COLORADO Mquart&AL PLANNING AND ENVIRONMENTAL COMMISSION September 26, 2020,1:00 PM Virtual 75 S. Frontage Roatl - Vail, Colorado, 8185] 1. Call to Order 1.1. Register in advance for this webinec htlps://us02web.zoom.us/webinar/registerMlN t2-dEk2DT0uG—Vyza2Xg After re4istering, you will receive a comion im email containing information on 1'oining the webinar. 1.2. Attendance 2. Main Agenda 2.1. Arequest forare %,nordation to the Vail Town Council for a Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Veil Town Cotle, ti atltl Sermon 13-14, AtlminCodei, t Lot Line dminimem antl for the Procedures, Vail Town Code, to atltl an admini plateprocedure for the adjustment or elimination of lot Imes beRveen existing planetl lots. (PEC20-001910 ppltcenL T wn of Veil Planner: Jonathan Spence 2.2. Areuuest for a recommendation to the Vail Town Council for a Prescribed Reg Imions Amentlment pursuant to Section 12-3- 7, Amendment, Vail Town Code, to replete Section 12-61-8 Perking and Loading, Veil Town Code, with e section, Section 12-61-8 Molol b, to address mobiliry needs m resitlems in the Housing (H) Zone District. (PE020-0021) Appll— Town of Vail Planner: Jonathan Spence 2.3. Arequest fore retnmmendetion to the Veil Town Council for a Prescribed Regulation Amendment pursuant 1p Section 12-3-7 Amendment, Vail Town Code to amend Section 12-9A-10 Amendment Procetlures, Vail Town Code, to change the notification mqulrements for a Minor Amendment to an SDD, and se8ing forth details m regard thereto Applicant: Town m Vail Planner: Greg Roy 2.4. Areuuest for a recommentlation to the Vail Town Council for a Prescribed Reg Iation Amentlment pursuant to Section 12-3-7 Amendment, Vail Town Code to emend Sermon 12-23-6: Methods of Mitigation and Section 1124- 6: Methods of Mitigation, Vail Town Cotle, to updale the Payment of Fees in Lieu provisions of Commercial Linkage and Inclusionary Zoning, and setting forth details In regard thereto. (PEC20-0027) The applicant has requested this item be tabled to October 12, 2020. Applicant: Town of Vail, represented by George Ruth,, 3. Approval m Mlnmes 3.1. September 14, 2020 PEC Meeting Results 4. Intemnstionel Update 5. Adjournment The applications and Information about the proposals are available for Public inspection during regular of- fice hoursatme,Town of Vail Community Development Department, 75 South Frontage Road. The public is 'ted to attend the protect orientation antl the site visits that precede the public hearing In the Town of Veil Community Development Department Times end order of items ere eppro lien , subjemb change, and to of be relied upon b tletermine at what time the Planning antl Environmental Commission will con- sideran Item. Please call (970) 479-2138f.,.ddition.l information. Pi.a....11711 b,sign language inter- pretation 48 hour prior to meeting time. Community Development Department Published in the Veil Deily September 25, 2020. 0000621615 Ad #: 0000618387-01 THIS REM MAY AFFECT YOUR PROPERTY Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Your account number is: 1023233 hola`a `ublcihe°°m If n�eMthh"ae�Vail inai°"me12lI 3-Q Vail Town Coael"OnSeptember 26, 2020 at PROOF OF PUBLICATION '.0 Pm in the Town If Vail Municipal Building. Register in ,Mance for this webinar: htips://ue02web.zoom.us/aebio oegiste,/WN J2-d VAIL DAILY Ek2DT0uCR2%Vyxa2Xg After registering, you will rece a confirmation STATE OF COLORADO mai el .hurling Information eaut joining the COUNTY OF EAGLE Council to, , Prescribed"RegulardWon oo Ameodm° mt pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-9A-10 Amendment Pro- I, Mark Wurzer, do solemnly swear that I am Publisher of cedures, Vail TowCode, to change the no,ifica- en reqs ..an. our Minor Amendment to an the VAIL DAILY, that the same daily newspaper in SDD, and setting forth details in record theretc. (PEC20-001%pplicant printed, whole or in part and published in the County of Eagle, Town of Vail Planner: Greg Roy State of Colorado, and has a general circulation therein; Counciii orf a` Prosroad Regulation. Amra�Id-ot that said newspaper has been published continuously and pursuant to Secton 12-3-7. Amendment, Vail Town c°de,toaddSection13-14,AdminiaVauveLotLine uninterruptedly in said County of Eagle for a period of Adjustmam and Elimination Procedures, Vail Town O°tlmeato elli n°„on'oflolt more than fifty-two consecutive weeks next prior to the lines Na 9 platted lots. (PEC20-0019) Applicant Town of Vail first publication of the annexed legal notice or Planner: Jonathan Spence advertisement and that said newspaper has published the P A requee, for a recommendation to the Vail Town council for Prescribed Regulation, Amandment pursuant to Section 12-3-7, Amendment, Vail Town requested legal notice and advertisement as requested. 9 9 9 node, to replace Section 12-61-8ParBngandLoad- Vail Town Code, witha new,cation, S-i 12- g, 61-8 Mobty, to address mobility needs of railin the Housing (H) Zone DiaVict. (PEC20-0021) Applicant'. Town of Vail Planner: Jonathan Spence The VAIL DAILY is an accepted legal advertising medium, A requee, for a recommen ll to the Vail Town only for jurisdictions operating under Colorado's Home Council for a Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Rule provision. Code to attend Section 12-23-6: Method, of Mil him, and Section 12-24-6: Methods of Mitigation, Vail Town Code, to update the Payment of Fees in Lieu provisions Of Commercial Linkage and That the annexed legal notice or advertisement was g Inclusionary Zoning, and setting forth octal. in gard thereto. fPEC2o-02 Applicant Town of Vail published in the regular and entire issue of every number : PlannerGeorge Luther of said daily newspaper for the period of 1 insertion; and The applications and Information about the propos- ala are mailable for public inapectim during office that the first publication of said notice was in the issue of P hours at the Town of Vail Community 13—lopri �en, too t t, ge South Frontage P Road The public p479- tea to attentl site visits. Please call 70-479- said newspaper dated 9/11/2020 and that the last 2138 all aormaio °.°a°9°°.c°mp'a""i"9 nradditnm publication of said notice was dated 9/11/2020 in the issue Sign language interpretationv'lable upon re- of said newspaper. quest with 24-hour-ificatoo, alai 711. Published September 11, 2020 in the Vail Dail. 0000618387 In witness whereof, I have here unto set my hand this day, 10/20/2020. Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 10/20/2020. Jeri Medina, Notary Public My Commission Expires: August 19, 2024 ENa-- mcguawMal1G A OF COLORADO wrwu ,a—