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Home My WebLink About2020-13 Mobility and Parking Requirements amendment in Housing Zone DistrictsORDINANCE NO. 13 SERIES OF 2020 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, TO REPLACE SECTION 12-6I-8 PARKING AND LOADING, VAIL TOWN CODE, WITH A NEW SECTION, SECTION 12- 6I-8 MOBILITY, TO ADDRESS MOBILITY NEEDS OF RESIDENTS IN THE HOUSING (H) ZONE DISTRICT: AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Planning and Environmental Commission (the “PEC”) held a properly noticed public hearing on the proposed amendment on September 28, 2020 in accordance with the provisions of the Vail Town Code; WHEREAS, the PEC recommended approval of the proposed amendment at its September 28, 2020 meeting, and has submitted its recommendation to the Town Council; WHERAS, current trends in community planning recognize that privately-owned automobiles are no longer the primary means of transportation for some people, and well- designed, sustainable site and building plans should not be driven by the need to park vehicles; WHEREAS, the availability of and proximity to mass transit, walkability, bicycle routes, E-bikes and car-sharing are proving to be meaningful criteria to reduce the need for asphalt surface and structured parking lots on scarce land; WHEREAS, the Council finds that the proposed amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; WHEREAS, the Council finds that the proposed amendments further the general and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and WHEREAS, the Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-6I-8 Parking and Loading shall be replaced with Section 12-6I-8: Mobility as show below: Section 12-6I-8 Parking and Loading Off street parking shall be provided in accordance with chapter 10 of this title. No parking or loading area shall be located within any required setback area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in chapter 10 of this title may be approved during the review of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. B. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. 12-6I-8: Mobility Mobility for residences shall be provided in accordance with a Mobility Management Plan approved by the Planning and Environmental Commission. A. Mobility Management Plan A Mobility Management Plan, prepared by the applicant, shall describe how the mobility needs of the residents will be met. This plan shall include: 1. Layout of proposed covered and uncovered parking including applicable dimensions, provisions for stacked parking and compact spaces, if proposed. 2. Information on how proposed parking spaces will be allocated to units and if this allocation is on the form of a deed restriction. 3. A professionally produced parking study, unless a determination is made by the administrator that such study is unnecessary due to the scale and character of the proposal. 4. Existence of any bike or vehicle share/shuttle program. 5. Provide covered/protected/secured bike parking/storage 6. Provisions for guest parking/management 7. Seasonal variations in parking management plan 8. Provisions for off-site vehicle storage B. Review Criteria A Mobility Management Plan shall be reviewed based on the following criteria: 1. Adequate off-street parking is demonstrated for the quantity of proposed beds in relation to the proximity of the development to core services and public transit. a. Hierarchy of bus routes (aka regional vs local) b. Proximity to job centers c. Proximity to commercial area 2. Adequate off-street parking is demonstrated in consideration of other provided mobility options including vehicle share/shuttle programs. 3. Evaluations of proposed Mobility Management Plans shall utilize the parking requirements found in Section 12-10, Off Street Parking and Loading, when considering appropriate minimum off-street parking. C. Performance Standards After implementation of a Mobility Management Plan, the following performance standards shall be maintained: 1. At no times shall personal vehicles be parked in areas designated for Fire Service or within a dedicated emergency access easement. 2. At no times shall personal vehicles be parked on adjacent properties unless permission has been obtained in writing and provided to and approved the Town. 3. A no times shall personal vehicles be parked in the ROW. 4. At no times shall personal vehicles be parked in areas other than designated spaces as shown on the approved development plan. 5. At no times shall parking extend into required drive aisles. 6. A no times shall storage of goods, trailers, campers, or unlicensed vehicles in designated parking areas. 7. Bike parking, as shown on the approved development plan, shall be maintained at all times in a clean, safe and functional condition. D. Reporting Requirement For the first five years following the implementation of a Mobility Management Plan, the managing officer shall submit a report to the Community Development Department. This report shall be received within 30 days of the date of the anniversary of the first issued Certificate of Occupancy. The report shall include the following: 1. Occupancy a. Occupied units b. Number of residents per unit 2. Usage of mobility services 3. Results of survey of residents concerning parking 4. Reports code enforcement/fire/parking complaints 5. Parking utilization study during peak periods (summer and winter) E. Enforcement Policy 1. If the Mobility Management Plan reporting shows violations of the performance standards, the plan shall be remanded to the Planning and Environmental Commission for review of the report. The applicant shall prepare a resolution to the violations and an alteration/addendum to the plan to maintain future compliance. This alteration/addendum shall be approved by the Planning and Environmental Commission. 2. If at any time, there is credible evidence that the Mobility Management Plan is not meeting any of the established performance standards, as determined by town staff, the applicant shall be notified in writing and given thirty (30) days to cure the violation. Failure to do so shall result in the Mobility Management Plan being remanded to the Planning and Environmental Commission for further review. 3. Nothing above in (1) and (2) shall preclude the enforcement of parking infractions as municipal code violations. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20 th day of October, 2020, and a public hearing for second reading of this Ordinance set for the 3 rd day of November, 2020, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Town Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of November, 2020. _____________________________ Dave Chapin, Town Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk