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
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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:
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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
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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—