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HomeMy WebLinkAboutPEC150006 and 0007 Memo and AttachmentsTOWN OF VAIL £ Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 9, 2015 SUBJECT:A request for a final review of a major exterior alteration or modification, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for a change to the approved mix of residential unit types, and a request for final review of an amended conditional use permit, pursuant to Section 12-7H- 3, Permitted and Conditional Uses: First Floor or Street Level, Section 12-7H-4, Permitted and Conditional Uses; Second Floor and Above, Vail Town Code, to allow for a reduction in the number of timeshare units, located at 705 West Lionshead Circle/Lot 1, Strata Vail, and setting forth details in regard thereto. (PEC150006, PEC150007) Applicant: Lionshead Inn LLC, represented by Mauriello Planning Group Planner: Warren Campbell I. SUMMARY The applicant, Lionshead Inn LLC, represented by the Mauriello Planning Group, is requesting a final review of an amended major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for a change to the approved mix of residential unit types, and a request for a final review of an amended conditional use permit, pursuant to Section 12-71-1-4, Permitted and Conditional Uses; Second Floor and Above, Vail Town Code, to allow for a reduction in the number of timeshare units, located at 705 West Lionshead Circle. The 2014 approved development plan includes a mixture of dwelling units, time share units, lodge dwelling units, lock -offs, an employee housing unit (EHU), commercial/retail space, miscellaneous project amenities, and a private parking club. The proposed amendments include an increase in the number of attached accommodation units and a decrease in the number of timeshare units. Upon review of the applicable elements of the Town's planning documents and adopted criteria for review, the Community Development Department is recommending the Planning and Environmental Commission approve, with conditions, the applicant's request for an amended major exterior alteration and approve the conditional use permit for the reduction in the number of timeshare units. A complete summary of Staff's review is provided in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST The approved redevelopment of the sites known as the Lionshead Inn and the Lionshead Inn Annex includes three levels of below grade parking and seven floors of residential, commercial, and common amenities above grade. The applicant is proposing to amend their approved development plan to change the mix of residential unit types within the project. In order to accomplish these amendments, the applicant has submitted two applications. These applications include the following: • A major exterior alteration application to allow for a change in the residential unit type mix in the structure; and • A conditional use permit application to allow for a reduction in the number of timeshare units located on the second floor and above. The key components of the current proposal include: • An increase in the number of attached accommodation units from 17 to 20; • A decrease in the number of timeshare units from 12 to 9; and • An increase in the number of surplus parking spaces within the project from 13 to 15. The proposed changes to the unit mix do not affect the bulk, mass, height, setbacks, site coverage, or landscaping currently approved for the site. A copy of the document entitled The Lion: Application for a Major Exterior Alteration & Conditional Use Permit in the Lionshead Mixed Use -1 Zone District to Allow for a Minor Program Change dated February 9, 2015 (Attachment A), and a reduced set of plans dated are attached for reference (Attachment B). III. BACKGROUND The subject property was annexed into the Town of Vail by Ordinance No. 8, Series of 1969, which became effective on August 23, 1969. The Lionshead Inn and Lionshead Annex (Fabulous Vail Glo), and Enzian were initially developed as a single project in the late 1960's and early 1970's. They were later subdivided onto separate parcels resulting in the existing Enzian structure being located on a parcel which is enclosed by the lot the Lionshead Inn is located upon. In April of 2006, the Town Council passed a moratorium on all new development within Lionshead until a policy for retaining a live bed base could be determined. In July of 2006, the Town Council passed Resolution No. 4, Series of 2006, which amended portions of the Lionshead Redevelopment Master Plan to include the provision for the inclusion of "Live Beds" in all projects that included hotel rooms and other lodge style units in Lionshead. Town of Vail Page 2 In February of 2007, the Town Council passed Ordinances No. 7 and No. 8, Series of 2007, which enacted regulations for the provision of employee housing units through several possible mitigation methods for all projects in the Lionshead Mixed -Use 1 district. On August 13, 2007, the Planning and Environmental Commission held a work session to discuss the Fogata project. At that hearing the Commission generally expressed support for the bulk, mass, and height of the proposed structure. Several members of the Commission identified a goal of locating a portion of the required employee housing mitigation within the project. There was discussion regarding several specific architectural elements and their lack of compliance with the Lionshead Redevelopment Master Plan. • On October 22, 2007, the Planning and Environmental Commission approved a major exterior alteration conditional use permit for multi -family residential units on the first floor, and a conditional use permit for a private parking club, to facilitate the redevelopment of the Lionshead Inn and Lionshead Inn Annex. The key components of the October 22, 2007 approved development plan included: 0 51 dwelling units, 14 time share units, 12 lock -off units, and 12 lodge dwelling units. o The inclusion of one Type IV employee housing unit measuring approximately 875 square feet. 0 127,606 square feet of Gross Residential Floor Area (GRFA). o A front desk, lobby, lounge area, pool and hot tubs, business center, on site laundry services, and meeting/conference space. o Two commercial/retail spaces measuring approximately 7,117 square feet. 0 183 parking spaces in three below grade floors. This would be 69 in excess of the required 114 parking spaces. o A fully enclosed, two bay loading and delivery facility and an enclosed trash receptacle. On April 14, 2008, the Planning and Environmental Commission approved an amendment to the approved Strata employee housing mitigation plan. The approved amendment included the applicant deed restricting one 870 square foot manager's unit on-site, seven dwelling units off-site totaling 11,686 square feet, and paying a fee -in -lieu for the remaining 75.1 square feet required to be mitigated in the amount of $17,772.40. On June 3, 2008, the Town Council denied a request to proceed forward through the development review process with a vehicle pull -off on West Lionshead Circle to serve as a guest loading and unloading zone. On June, 9, 2008, the Planning and Environmental Commission unanimously approved amendments to the major exterior alteration and conditional use permit approvals for Strata. Town of Vail Page 3 The key components of the June 9, 2008 approved development plan included: o A reduction in the number of lock -of units from 12 to 8 and the increase in the number of timeshare units from 14 to 16; bringing the total unit make- up of the structure to 51 dwelling units, 16 timeshare units, 8 lock -off units, and 12 lodge dwelling units. o The increase in the on site Type IV employee housing unit from 875 square feet to 909 square feet. o The reduction in the GRFA on the site from 127,606 square feet to 125,657 square feet of Gross Residential Floor Area (GRFA). 0 169 parking spaces in three below grade floors. This would be 53 in excess of the required 116 parking spaces. o A reduction in the number of the parking spaces to be included within the private parking club from 69 to 53 spaces. o The bulk, mass, and height of the structure were not affected On June 9, 2008, the Planning and Environmental Commission approved an Exemption Plat for Strata. The Final Plat was not recorded however, and the approval of which subsequently expired as a result on June 9, 2009. On January 27, 2014, the Planning and Environmental Commission approved an Exemption Plat for Strata which was subsequently recorded establishing Lot 1, Strata Vail. • On September 8, 2014, the Planning and Environmental Commission unanimously approved amendments to the major exterior alteration and conditional use permit approvals for Strata. The key components of the September 8, 2014 approved development plan included: o An increase in the number of dwelling units from 51 to 53; o An increase in the number of attached accommodation units from 8 to 17; o A decrease in the number of lodge dwelling units from 12 to 3; o A decrease in the number of timeshare units from 16 to 12; and o A decrease in the commercial floor area from 7,117 sf to 5,803 sf. o The bulk, mass, height, setbacks, site coverage, and landscape areas were not affected. IV. APPLICABLE DOCUMENTS Staff has provided portions of the Vail Town Code and Lionshead Redevelopment Master Plan which are relevant to the topics for the review included in the proposal. Zoning Regulations Lionshead Mixed Use — 1 Zone District (in part) Town of Vail Page 4 12-7H-1: PURPOSE: The Lionshead Mixed Use -1 zone district is intended to provide sites for a mixture of multiple -family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 1 zone district, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public off-site improvements adjacent to redevelopment projects. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. 12-7H-5: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: B. Conditional Uses: The following uses shall be permitted on the second floors and higher above grade, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Banks and financial institutions. Child daycare centers. Conference facilities and meeting rooms. Eating and drinking establishments. Electronics sales and repair shops. Fractional fee clubs. Liquor stores. Personal services and repair shops. Professional offices, business offices, and studios. Recreational facilities. Retail establishments. Skier ticketing, ski school, and skier services. Theaters. Timeshare units. Town of Vail Page 5 Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7H-8: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead Mixed Use 1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. 12-7H-18: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank improvements, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. Chapter 12-16: Conditional Uses Permits (in part) Section 12-16-1: Purpose; Limitations In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. Lionshead Redevelopment Master Plan (in part) Chapter 2, Introduction Town of Vail Page 6 2.1 Purpose of the Master Plan (in part) "This master plan was initiated by the Town of Vail to encourage redevelopment and new development initiatives in the Lionshead study area. Both public and private interests have recognized that Lionshead today lacks the economic vitality of Vail and fails to offer a world class resort experience. Lionshead's economic potential has been inhibited by a number of recurrent themes: • Lack of growth in accommodation units ("hot beds'); • Poor retail quality, • Deterioration of existing buildings; • Uninteresting and disconnected pedestrian environment; • Mediocre architectural character; and the • Absence of incentives for redevelopment. This master is a comprehensive guide for property owners proposing to undertake development or redevelopment of their properties and the municipal officials responsible for planning public improvements. The plan outlines the Town's objectives and goals for the enhancement of Lionshead and proposes recommendation, incentives, and requirements for redevelopment and new development. " 2.2 Definition of a Master Plan In the development of the Lionshead Master Plan, the following definition has been used as the basis for this work: A master plan is a guide, a flexible framework for future action. It articulates a community's fundamental land use policies, principles, and goals in a broad and general way. It plans for the future physical development or redevelopment of an area of the community, including its functional and circulation systems and its public facilities. The land use policies in a master plan are generally implemented through zoning ordinances. Existing zoning and land use codes may be modified and new provisions enacted in order to conform to the master plan and carry out the plan's objectives. A master plan does not convey approval for particular development proposals or concepts, nor can it be implemented in a short time frame. After adoption of the Lionshead Master Plan, every development proposal will have to go through the applicable development review and approval process, with its attendant public notices and public hearings. A proposal's adherence to the policies contained in the adopted master plan will be one of the factors analyzed by staff, the Planning and Environmental Commission (PEC), the Design Review Board (DRB), and the Town Council (as applicable) in determining whether to approve or disapprove the specific proposal. Town of Vail Page 7 2.3 Policy Objectives The Town Council adopted six policy objectives on November 4, 1996 to outline the important issues to be addressed in the master plan and to provide a policy framework for the master planning process. 2.3.3 Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ("live beds" or "warm beds') through new lodging products. Live beds and warm beds are best described as residential or lodging rooms or units that are designed for occupancy by visitors, guests, individuals, or families on a short term rental basis. In order to improve occupancy rates and create additional bed base in Lionshead, applications for new development and redevelopment projects which include a residential component shall provide live beds in the form of accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units (i.e, lock -off units), or dwelling units which are included in a voluntary rental management program and available for short term rental. Further, it is the expressed goal of this Plan that in addition to creating additional bed base through new lodging products, there shall be no net loss of existing live beds within the Lionshead Redevelopment Master Plan study area. Chapter 4, Master Plan Recommendations — Overall Study Area This section of the master plan addresses issues that affect Lionshead as a whole. These issues, and recommendations to address them, should be considered in all planning and policy decisions as Lionshead develops. 4.13 Live Beds The maintenance, preservation, and enhancement of the live bed base are critical to the future success of Lionshead and as such, special emphasis should be placed on increasing the number of live beds in Lionshead as the area undergoes redevelopment. The Lionshead area currently contains a large percentage of the Town's overall lodging bed base. The bed base in Lionshead's consists of a variety of residential and lodging products including hotels, condominiums, timeshares and hybrids of all three. The vast majority of live beds in Lionshead are not accommodation units in hotels, but instead, in dwelling units in residential condominiums such as the Vail 21, Treetops, Antlers Lodge, Lion Square Lodge, Lifthouse Lodge, Landmark Tower and Townhomes, Lionshead Arcade, and Montaneros, all of which have some form of rental/property management program that encourages short term rental of dwelling units when the owners are not in residence. It has been the experience in Lionshead that condominium projects which include a voluntary rental management program have occupancy rates which exceed the occupancy rate Town of Vail Page 8 of hotel products, and therefore tend to provide more live beds and produce more lodging tax revenues to the Town. Applications for new development or redevelopment which maintain, preserve, and enhance the live bed base in Lionshead have a significantly greater chance of approval in the development review process than those which do not. 4.13.2 Location of Live Beds Live beds should be located in Lionshead pursuant to the Lionshead Mixed Use 1 and 2 zone districts. All properties within Lionshead, when developing or redeveloping and providing new residential or lodging products, should provide live beds as defined herein. 4.13.3 Hotel -types of Services and Amenities To aid in the furtherance of Policy Objective 2.3.3 of the Plan, the creation of additional live beds should include hotel -types of services and amenities. Such services and amenities may include, but not be limited to, the operation of a front desk, registration/reservation capabilities, recreational amenities, guest drop-off, on-site management, etc. These types of services and amenities in multiple family residential dwellings will increase the likelihood that the dwelling units will be made available for short term occupancy and help to promote improved occupancy rates. Vail Land Use Plan The Vail Land Use Plan was adopted by the Vail Town Council on November 18, 1986. The plan is intended to serve as a basis from which future decisions may be made regarding land use within the valley. The primary focus of the Vail Land Use Plan is to address the long-term needs and desires of the Town as it matures. The goals articulated in the plan reflect the desires of the citizenry. The goal statements that were developed reflect a general consensus of the comments shared at public meetings. The goals contained in the Vail Land Use Plan are to be used as the Town's adopted policy guidelines in the review process for new development proposals. According to the Official Town of Vail Land Use Plan map, the applicant's proposed redevelopment site is located with the "Lionshead Redevelopment Master Plan" land use category. Pursuant to the Plan, the "Lionshead Redevelopment Master Plan" land use category description, "Included in this category are those properties which are identified as being included in the Lionshead Redevelopment Master Plan boundaries. Properties located within this land use category shall be encouraged to redevelop, per the Master Plan recommendations, as it has been found that it is necessary in order for Vail to remain a competitive four -season resort. Uses and activities for these areas are intended to encourage a safe, convenient and an aesthetically - Town of Vail Page 9 pleasing guest experience. The range of uses and activities appropriate in the Lionshead Redevelopment Master Plan (LRMP) land use category may include skier and resort services, ski lifts, ski trails, base facilities, public restrooms, ticket sales, clubs, public plazas, open spaces, parking and loading/delivery facilities/structures, public utilities, residential, lodges, accommodation units, deed restricted employee housing, retail businesses, professional and business offices, personal services, and restaurant uses. " V. ZONING ANALYSIS Address/Legal Description:705 West Lionshead Circle/Lot 1 Strata Vail Zoning: Lionshead Mixed Use 1 Land Use Designation: Lionshead Redevelopment Master Plan Development Standard Allowed Approved Proposed Lot Area: 10,000 sq. ft. 68,336.9 sq. ft. No change. Setbacks All Sides: 10 ft. North - 30 ft. No change East- 10 ft. No change West- 10 ft. No change South- 10 ft. No change Building Height: 71 ft. avg. 69.5 ft. avg. No change 82.5 ft. max 82.5 ft. max No change Density: 54 DUs (35/ac.) 53 DUs No Change Lodge Dwelling Unit 3 LDUs No Change (1/4 a dwelling unit) 53.75 DUs (34.2/ac.) Unlimited Attached Accommodation Units 17 AAUs (AAUs) Unlimited Timeshare 12 TSUs Units (TSUs) GRFA: 170,840 sq. ft Site Coverage: 47,835 sq. ft (70%) Landscape Area: 13,667 sq. ft (20%) Town of Vail 125,657 sq. ft 42,397 sq. ft (62%) 17,401 sq. ft (25.5%) 20 AAUs 9 TSUs No change No change No change Page 10 Parking: 74.2 (1.4/DU) 169 spaces* No change 6.3 (0.7/Time Share) 4.2 (1.4/Lodge Dwelling Unit) 8.2 (1/250 s.f. of restaurant seating area) 6.2 (2.3/1,000 s.f. of retail net floor area) 1_4 (1.4/EHU) 101 required 53 (Parking Club CUP) 154 total required Loading 3 berths 3 berths No change * Of the parking spaces proposed, 116 spaces will serve The Lion which is in excess of the 101 required. 53 are approved to be placed in a private parking club. VI. SURROUNDING LAND USES AND ZONING VII. CRITERIA Maior Exterior Alteration Zoning No zoning Lionshead Mixed Use 1 District Lionshead Mixed Use 1 District Lionshead Mixed Use 1 District Section 12-7H-8, Compliance Burden, Vail Town Code, outlines the review criteria for major exterior alteration applications proposed within the Lionshead Mixed Use 1 (LMU- 1) zone district. According to Section 12-7H-8, Vail Town Code, a major exterior alteration shall be reviewed for compliance with the following criteria: 1. That the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district; The purposes of the Lionshead Mixed Use 1 (LMU-1) zone district are stated in Section 12-7H-1, Purpose, Vail Town Code. The LMU-1 district is intended to provide sites within the area of Lionshead for a mixture of multiple -family dwellings, hotels, fractional fee clubs, restaurants, skier services and commercial/retail establishments. The development standards prescribed for the district were established to provide incentives for development in accordance with the goals and objectives of the Lionshead Redevelopment Master Plan. The purpose statement for the LMU-1 district has been included in Section IV of this memorandum. Town of Vail Page 11 Land Use North: CDOT right-of-way South: Mixed use East: Mixed use West: Mixed use VII. CRITERIA Maior Exterior Alteration Zoning No zoning Lionshead Mixed Use 1 District Lionshead Mixed Use 1 District Lionshead Mixed Use 1 District Section 12-7H-8, Compliance Burden, Vail Town Code, outlines the review criteria for major exterior alteration applications proposed within the Lionshead Mixed Use 1 (LMU- 1) zone district. According to Section 12-7H-8, Vail Town Code, a major exterior alteration shall be reviewed for compliance with the following criteria: 1. That the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district; The purposes of the Lionshead Mixed Use 1 (LMU-1) zone district are stated in Section 12-7H-1, Purpose, Vail Town Code. The LMU-1 district is intended to provide sites within the area of Lionshead for a mixture of multiple -family dwellings, hotels, fractional fee clubs, restaurants, skier services and commercial/retail establishments. The development standards prescribed for the district were established to provide incentives for development in accordance with the goals and objectives of the Lionshead Redevelopment Master Plan. The purpose statement for the LMU-1 district has been included in Section IV of this memorandum. Town of Vail Page 11 The proposal to amend the unit type mix through the conversion of three timeshare units to attached accommodation units is in keeping with the purpose statement of the district. The three attached accommodation units will become a lock -off fourth bedroom to the three existing dwelling units. The proposal to change the unit mix is in keeping with the stated purpose of provide for a mixture of various unit types in a unified development. Staff has performed a review of the proposed amendments to the approved major exterior alteration for compliance with the development requirements of the LMU-1. In Section V of this memorandum staff performed a zoning analysis of the project with regard to the development parameters of the LMU-1. Within this analysis staff reaffirmed that the project is in compliance with the development parameters for setbacks, height, density, GRFA, site coverage, and landscape area. Staff finds the proposed amendments comply with this criterion. 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan; The Lionshead Redevelopment Master Plan (LRMP) contains detailed plan recommendations for the site being redeveloped as The Lion within Chapter 5, Detailed Plan Recommendations. It provides the following direction. 5.15.4 Preservation of Existing Live Beds The Lionshead Inn and Lionshead Annex presently contain 85 accommodation units. Given the importance and need for live beds to the vitality and success of the community, any future redevelopment of the sites shall ensure the preservation of short term accommodation on the site. The preservation of live beds should focus on maintaining the number of existing live beds and the amount of gross residential square footage devoted to that use on the site. With this in mind, the quality of the existing live bed base could be upgraded and the rooms could be reconfigured to create increased lodging opportunities. In no instance, however, shall the amount of gross residential floor area devoted to live beds be reduced. The construction of "attached accommodation units', 'lodge dwelling units'; "timeshare units'; "fractional fee club units"; and dwelling units in a voluntary rental program, as defined in the Zoning Regulations, could significantly increase the availability of short term rental opportunities within the building. Town of Vail Page 12 Additionally, the LRMP includes a definition for what is considered a live bed for the purposes maintain vitality and success of the community. Live beds are defined as follows: 4.13.1 Live Bed Definition Pursuant to Policy Objective 2.3.3, live beds (and warm beds) are defined as residential or lodging rooms or units that are designed for occupancy by visitors, guests, individuals, or families, on a short term rental basis. A live bed may include the following residential products: accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units (i.e., lock -off units), and dwelling units which are included in a voluntary rental management program and available for short term rental. The Lionshead Inn and Lionshead Inn Annex contained 85 accommodation units measuring 28,863 square feet. The amended proposal for The Lion, includes a combination of 53 dwelling units, 9 time share units, 20 lock -off units, and 3 lodge dwelling units. These unit types combined equal 85 units measuring 125,657 square feet of GRFA. The unit types proposed are included within the definition of live beds as detailed in Section 4.13.1, Live Bed Definition, LRMP. In order for any unit type contained within the definition to be considered "live" it needs to be included within a voluntary rental management program and available for short- term rental. To encourage owners within The Lion project to participate in the rental program, there are provisions for a front desk with registration/reservation capabilities, lobby, lounge area, pool and hot tubs, business center, on site laundry services, and meeting/conference space. Furthermore, there are provisions for commercial/retail spaces measuring approximately 5,803 square feet within the project. As stated in Section 14.13.3, Hotel -types of Services and Amenities, the incorporation of these components in the development will hope to increase the likelihood that the units included within The Lion will participate in the voluntary rental management program. Section 4.13.4, Review of New Development and Redevelopment Projects, was adopted to guide the Commission in reviewing projects for compliance with the "live bed" requirements of the Master Plan. Section 4.13.4 is as follows: 4.13.4 Review of New Development and Redevelopment Projects The Planning and Environmental Commission shall consider the policies and direction given by this Plan with respect to live beds when reviewing new development and redevelopment projects in Lionshead. Applications for new development or redevelopment maintain the live bed base in Lionshead. Applications for new development and redevelopment which enhance the live bed base have a significantly greater chance of approval in the development review process than those which do not. A proposal's adherence to Town of Vail Page 13 the policies contained in the adopted master plan will be one of the factors analyzed by staff, the Planning and Environmental Commission (PEC), the Design Review Board (DRB), and the Town Council (as applicable) in determining whether to approve or disapprove the specific proposal. The proposed amendments to the unit mix are in keeping with the definition of live beds and result in a total of 85 units within the development. The three timeshare units are proposed to become attached accommodation units to three existing dwelling units. With the inclusion of the identified hotel -type of services and amenities, the expectation is that unit owners may choose to participate in the voluntary rental management program for the development. The result is that the three three-bedroom dwelling units will become three four-bedroom dwelling units. The new four bedroom dwelling units could be included in the rental management program as a four bedroom, three bedroom, or one bedroom units. Timeshare units are a desirable unit type for inclusion within projects in the town as they have a tendency of being warmer beds due to the fractional ownership. The inclusion of timeshares within the project is not required pursuant the LMU-1 district zoning on the property. The inclusion of timeshares within the development increases the likelihood the units are occupied more frequently which addresses the goals and objectives of the Lionshead Redevelopment Master Plan to have live beds to generate numbers of guests participating in the vitality of Vail's commercial cores. On a spectrum of how "live" a unit is staff would find that a timeshare unit, by its fractional ownership nature, is more "live" than an attached accommodation unit. An attached accommodation unit (lock -off) is designed to encourage incorporation within a voluntary rental management program; however, it is physically attached to a dwelling unit which is typically owned by a single ownership entity and not required to be available on a short-term basis. A timeshare is not required to be included within the voluntary rental management program, however, a timeshare unit is likely to be occupied more frequently than an attached accommodation unit not included within the program. The proposed conversion of three timeshare units to three attached accommodation units may result in a less "live" unit mix within the development. Live Bed Spectrum Least Live Most Live Dwelling Unit Attached AU Timeshare Unit Accommodation Unit (AU) Staff has reviewed The Lion proposal and found it to be in compliance with the requirements of LRMP with regard to the detailed pan recommendations for the maintenance of live beds and GRFA devoted to units defined as live beds. Staff finds the proposed amendments to The Lion development comply with this criterion. Town of Vail Page 14 3. That the proposal does not otherwise have a significant negative effect on the character of the neighborhood; and, Staff has reviewed the proposed amended major exterior alteration and found that the proposed changes do not affect the bulk, mass, height, and setbacks of the structure as approved, therefore staff believes that for the same reasons presented at the initial approval, the project is in compliance with this criterion. 4. That the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. Staff has reviewed the proposed amended major exterior alteration application and found that the proposed changes continue to comply with the following elements of the Vail Comprehensive Plan: Town of Vail Transportation Master Plan, Lionshead Redevelopment Master Plan, Art in Public Places Strategic Plan. With regard to the Town of Vail Transportation Master Plan the applicant provided the Public Works Department with traffic studies and roadway improvement designs. The Town Engineer has reviewed the proposed amendments to the unit type mix and found there to be no change in the peak hour net new trips of 25.06. This increase in peak hour net new trips results in a fee of $162,890 to mitigate traffic impacts created by the development. These funds may go towards traffic improvements in the vicinity of the project. Staff finds that for the same reasons presented at the initial approval that the project is in compliance with this criterion. Conditional Use Permit According to Section 12-16-6, Vail Town Code, the Planning and Environmental Commission shall consider the following factors with respect to the proposed timeshare unit use: 1. Relationship and impact of the use on development objectives of the town. Timeshare units are a desirable unit type for inclusion within projects in the town as they have a tendency of being warmer beds due to the fractional ownership. The inclusion of timeshares within the project is not required pursuant the Lionshead Mixed Use 1 district zoning on the property. The inclusion of timeshare within the development increases the likelihood the units are occupied more frequently which addresses the goals and objectives of the Lionshead Redevelopment Master Plan to Town of Vail Page 15 have live beds to generate numbers of guests participating in the vitality of Vail's commercial cores. While a reduction in the number of timeshare units is proposed from 12 to 9 there is no requirement for the inclusion of timeshares. Staff finds the proposed amendments to The Lion development comply with this criterion. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. The proposal to reduce the number of timeshare units from 12 to 9 will have no effect on the elements listed in the criterion above as the proposed change will occur within the currently approved bulk, mass, and height for The Lion development. Staff finds the proposal complies with this criterion. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. The proposed reduction in timeshare units from 12 to 9 will continue to have impacts on traffic generation and flow in the vicinity. Those impacts are addressed and mitigated in the approved roadway improvements associated with the approved development plan for The Lion. Staff believes the proposal is in compliance with this criterion. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The proposal to reduce the number of timeshare units from 12 to 9 will have no effect on the character of the area as the proposed change will occur within the currently approved bulk, mass, and height for The Lion development. Staff believes the proposal complies with this criterion VIII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves, with conditions, the request for final review of a major exterior alteration or modification, pursuant to Section 12-71-1-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for a change to the approved mix of residential unit types, and approves the request for final review of an amended conditional use permit, pursuant to Section 12-7H-4, Permitted and Conditional Uses; Second Floor and Above, Vail Town Code, to allow for a reduction in the number of Town of Vail Page 16 timeshare units, located at 705 West Lionshead Circle/Lot 1, Strata Vail, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the major exterior alteration and conditional use permit review criteria outlined in Section VII of this memorandum and the evidence and testimony presented at the public hearing. Should the Planning and Environmental Commission choose to approve the amended major exterior alteration, Staff recommends that the Commission makes the following the motion: "The Planning and Environmental Commission approves, with conditions, a major exterior alteration or modification, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for a change to the approved mix of residential unit types, located at 705 West Lionshead Circle/Lot 1, Strata Vail, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve the amended major exterior alteration, Staff recommends that the Commission makes the following finding as part of the motion: "Pursuant to Section 12-7H-8, Compliance Burden, Vail Town Code, the applicant has proven by a preponderance of the evidence before the Planning and Environmental Commission that the proposed major exterior alteration is in compliance with the zoning regulations, the purposes of the Lionshead Mixed Use -1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." Should the Planning and Environmental Commission choose to approve the amended major exterior alteration, Staff recommends that the following conditions be placed upon the amended approval: Prior to Requesting a Temporary Certificate of Occupancy That the Developer prepares a The Lion Art in Public Places Plan, for input and comment by the Town of Vail Art in Public Places Board, Chapter 12-25, Public Art, Vail Town Code, prior to the request for a temporary certificate of occupancy. Subject to the above input and comment by the Art in Public Places Board, the Applicant will determine the type and location of the art to be provided. Said Plan shall include the funding for a minimum of $70,000.00 in public art improvements to be developed in conjunction with The Lion project. 2. That the Developer shall be assessed a transportation impact fee in the amount of $6,500 per increased vehicle trip in the peak hour generated (25.06 trips), or $162,890, created by The Lion project. The total fee of $162,890 shall be paid in full by the Developer prior to the issuance of a temporary certificate of occupancy or Town of Vail Page 17 certificate of occupancy for The Lion project. At the sole discretion of the Town of Vail Public Works Director, said fee may be waived in full, or part, based upon the completion of certain off-site improvements. Should the Planning and Environmental Commission choose to approve the amended conditional use permit, Staff recommends that the Commission makes the following the motion: "The Planning and Environmental Commission approves an amended conditional use permit, pursuant to Section 12-7H-4, Permitted and Conditional Uses; Second Floor and Above, Vail Town Code, to allow for a reduction in the number of timeshare units, located at 705 West Lionshead Circle/Lot 1, Strata Vail, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to approve the amended conditional use permit, Staff recommends that the Commission makes the following finding as part of the motion: "Pursuant to Section 12-16-6, Criteria; Findings, Vail Town Code, the planning and environmental commission finds: 1. That the proposed location of the use is in accordance with the purposes of this title and the purposes of the zone district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of this title." IX. ATTACHMENTS A. Applicant's written request entitled The Lion: Application for a Major Exterior Alteration & Conditional Use Permit in the Lionshead Mixed Use -1 Zone District to Allow for a Minor Program Change dated February 9, 2015 B. Copy of proposed plans dated February 3, 2015 Town of Vail Page 18 The Lion Application for a Major Exterior Alteration & Conditional Use Permit in the Lionshead Mixed Use -1 Zone District to allow for a Minor Program Change V Submitted: February 9, 2015 6A;Lei Mouriello Planning Grout, 1. Introduction The Lion, located at 705 W. Lionshead Circle, was originally approved in November of 2007 and later amended June 2008 and in September of 2014. This project is the first of four redevelopment projects that were granted approval extensions due to the economic recession. The Lion includes luxury residences and timeshare units designed to be clean, contemporary and provocative spaces with expansive natural day lighting and vaulted ceilings. Contemporary materials such as copper, stucco, and natural cedar will impart European styling, however, stay in line with the forty years of Vail traditions. A mixture of spacious units will capture the market niche that is absent in Vail making The Lion one of the most coveted new addresses at this world class year-round resort. The Lion was approved in 2014 for: • 53 dwelling units with 17 attached accommodation units (lock -offs) for a total of 70 live beds • 3 lodge dwelling units for a total of 3 live beds • 12 timeshare units for a total of 12 live beds • 1 onsite employee housing unit of 909 sq. ft. Overall GRFA of 125,657 sq. ft. 5,803 sq. ft. of commercial space • 169 parking spaces, 53 of which are approved for leasing as a private parking structure, 13 of which are surplus. The applicant is proposing a slight change to the overall residential programming. It is this minor change that generates the need for review and approval by the PEC. No other changes are proposed to the building and the building exterior is exactly as originally approved in 2008. There is no addition of GRFA or commercial floor area. In fact, the proposed changes have an overall reduced impact on parking and traffic. The revised programming includes: • 53 dwelling units with 20 attached accommodation units (lock -offs) for a total of 73 live beds (an increase of 3 attached accommodation units) • 3 lodge dwelling units for a total of 3 live beds (no change) • 9 timeshare units for a total of 9 live beds (a reduction of 3 timeshare units) • 1 onsite employee housing unit of 909 sq. ft. (no change) The Lion February 9, 2015 2 • Overall GRFA of 125,657 sq. ft. (no change) • 5,803 sq. ft. of commercial space (no change) • 169 parking spaces, 53 of which are approved for leasing as a private parking structure, 15 of which are surplus due to the changes proposed The proposed changes still result in a total of 85 live beds as recommended by the Lionshead Redevelopment Master Plan for this property as was approved last September. The loss of keys due to the reduction in timeshare units was offset by the addition of lock -off units geared toward short-term accommodation. It should be noted that dwelling units, attached accommodation units, and lodge dwelling units are all uses by right in the LMU-1 zone district. Timeshare units require a conditional use permit and what is proposed is a reduction in the number of timeshare units from 2014. The proposed changes result in a slight decrease in the required number of parking spaces. The applicant has provided plans showing the all of the unit types. It should be noted that the dwelling unit and timeshare unit designations can be interchanged as long as the unit counts remain the same for each unit type. The Lion February 9, 2015 3 2. Background The Lionshead Inn properties were originally developed as The Enzian Lodge (later to become the L'Ostello and eventually the Lionshead Inn) the Enzian Condominiums, and the Vail Glo Lodge (Lionshead Inn Annex), which was originally a Best Western. They were developed on a portion of Lot 1, Block 2, Vail/Lionshead Third Filing, and were subsequently subdivided. Prior to demolition, the uses on-site were as follows: Existing Dwelling GRFA Units Lionshead Inn 10 18,451 sq. ft. Lionshead Inn Annex 11 110,412 sq. ft TOTAL I 1 128,863 sq. ft Vail/Lionshead, Filing 3 was recorded in 1971. This plat created Lot 1, Block 2, Vail Lionshead Third Filing, upon which Vail Spa and the Lionshead Inn properties sit. The subject property was replatted with an exemption plat in March of 2014. Accommodation Units 52 33 Restaurant 2,560 sq. ft. 0 2,560 sq. ft. In April of 2006, the Town of Vail passed a moratorium on all new development within the Lionshead area. The ordinance prohibited the filing of any development application that would cause a reduction in the existing number of hotel rooms, employee housing units or parking spaces within the Lionshead zone district. In July of 2006, Resolution No. 4 was approved, amending the Lionshead Redevelopment Master Plan with regards to the preservation of "live beds," including specific language for the subject property recommending a minimum of 85 live beds. Following the approval of the amendments to the Lionshead Redevelopment Master Plan, the Town enacted an emergency ordinance, requiring that any applications for development in the Town of Vail would be subject to future regulations with regards to employee housing. The Lion February 9, 2015 4 Ordinances No. 7 and No. 8 were passed in February of 2007, providing regulations for commercial linkage and inclusionary zoning. On October 22, 2007, the Strata redevelopment was approved, followed by a minor change to the approval on June 6, 2008. In 2012, the Town of Vail passed Resolution No. 13 which extended the vested approval date on four projects including the The Lion/Strata redevelopment until June 1, 2015. The applicant obtained a building permit and began construction in May 2014. In August of 2014, the applicant submitted some minor programmatic changes which the Planning and Environmental Commission approved in September of 2014. The Lion February 9, 2015 5 3. Zoning and Parking Analysis Proposed changes from the 2014 approval are indicated in red. Zoning Analysis: Lot Size: 1.5688 acres Zoning: Lionshead Mixed Use -1 *lock -offs and timeshare do not count towards density. Ldu count as 1/4 du. The Lion February 9, 2015 6 Allowed/ Approved Approved Proposed (2015) Required (2008) (2014) Setbacks 10 ft./30 ft. on 10 ft./30 ft. on 10 ft./30 ft. on 10 ft. n. property line n. property line n. property line Height -max 82.5 ft. 82.5 ft. 82.5 ft. 82.5 ft. Height -average 71 ft. 70.88 ft. 70.88 ft. 70.88 ft. TOTAL: 53.75 TOTAL: 54 TOTAL: 53.75 51 du 53 du 53 du Density* 8lock-off 17 lock -off 20 lock -off 12 Idu 3 Idu 3 Idu TOTAL: 54 170,815 sq. ft. 16 is 125,657 sq. ft. 12 is 125,657 sq. ft. 9 is 125,657 sq. ft. GRFA Site Coverage 47,828 sq. ft. 42,397 sq. ft. 42,397 sq. ft. 42,397 sq. ft. 21,329 sq. ft. 21,329 sq. ft. 21,329 sq. ft. Landscape Area with hardscape with hardscape with hardscape 14,668 sq. ft. 14,668 sq. ft. 14,668 sq. ft. 13,665 sq. ft. softscape only softscape only softscape only 2 berth 2 berth 2 berth Loading 2 berth *lock -offs and timeshare do not count towards density. Ldu count as 1/4 du. The Lion February 9, 2015 6 Parking Analysis: Use Dwelling Units Time Share Units Lock -off Lodge Dwelling Unit Restaurant Retail EHU The Lion Required Unit I Calculation Parking 53 1.4 per unit 74.2 9 .7 per unit 6.3 20 only if more than 1 lock -off 0 3 1.4 per unit 4.2 2,052 sq. ft. 1 space per 250 sq. ft. of seating floor area 8.2 2,688 sq.ft. 2.3 spaces per 1,000 sq. ft. of net floor area 6.2 1 1.4 per unit 1.4 Total Required Parking: 100.5 Private Parking Structure: 53 Surplus Parking: 15.5 Total Parking Provided: 169 February 9, 2015 7 4. Employee Housing The applicant is not proposing to make any changes to the employee housing mitigation that was previously approved for the project. There is no new floor area being proposed that would generate a new employee housing requirement. The Town's original inclusionary zoning and commercial linkage program was in place when this project was approved in 2007. Subsequent to the approval of this project the Town amended the employee housing standards to require 50% of the employee housing to be placed onsite. In 2012 the Town Council approved Resolution No. 13 which granted extensions to the vested approval for this project. This extension to the vested approval period had the effect of vesting the project for changes to code that may have occurred during the vesting period (i.e., "grandfathering" the onsite employee housing). The total employee housing square footage required for the project is 12,405 sq. ft. which comes entirely from the inclusionary requirement (the project has a credit of 5.91 employees on the commercial linkage requirement due to the pre-existing hotels). The project was previously approved with one onsite employee housing unit of 909 sq. ft. (7.5%) and seven off-site units (11,756 sq. ft.) for a total of 12,665 sq. ft. of employee housing. The previous project approval provides an excess of 260 sq. ft. of employee housing for the inclusionary requirement. On May 29, 2012, the Town acknowledged in a letter (below) that the "Town of Vail has received, and approved, 11,761 square feet of deed restricted employee housing units that are dedicated to the Strata Development Approval (DEV07-0003/ PRJ 11-0701)." With that acknowledgement and with the 11,761 sq. ft. of deed restricted offsite employee housing actually provided, the total employee housing (inclusionary) provided for this project, including the onsite unit of 909 sq. ft., is 12,670 sq. ft. That is 265 sq. ft. in excess of the Town requirements for inclusionary zoning. The 265 sq. ft. excess inclusionary and the 5.91 excess employee commercial linkage shall remain a credit to this property should there be additions or changes to the building in the future that generate an employee housing requirement. The Lion February 9, 2015 8 r TOWN Of VAIL 75 South Frontage Road West Vail, Colorado 81657 vailgov.corn May 29, 2012 Mr. Wendell Porterfield Otto, Porterfield & Ayres, LLC Post Office Box 3149 Vail, Colorado 81658 Dear Mr. Porterfield, Community Development Department 970.479.2138 970.479.2452 fax The purpose of my letter is to respond to your letter to the Town of Vail dated May 24, 2012 regarding Lionshead Inn, LLC/Strata Vail, and the required deed restricted employee housing units, The Town of Vail has received, and approved, 11,761 square feet of deed restricted employee housing units that are dedicated to the Strata Development Approval (DEV07-0003 / PRJ11-0701). Please consider my letter written confirmation of compliance with the Town of Vail's Inclusionary Zoning Requirements (Title 12, Chapter 24, Inclusionary Zoning, Vail Town Code) for Strata's approved development plan. If you have any questions or need additional information, please let me know. You can reach me via email at gruther@vailgou.com or by telephone at (970) 376-2675. Kind Regards, i C,� --et j-wz., I '1� George Ruther, AICP Director, Community Development Department Town of Vail JAAlk�z- The Lion February 9, 2015 9 5. Criteria for Review The Lionshead Mixed Use -1 Zone District does not supply criteria for review for a Major Exterior Alteration. However, it does provide for a "compliance burden." 12-7H-8: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission and the design review board that the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead mixed use 1 district, that the proposal is consistent with applicable elements of the Lionshead redevelopment master plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. A. Purpose of the LMU-1 Zone District The Lionshead Mixed Use 1 zone district was created in 1999, as the implementation phase of the Lionshead Redevelopment Master Plan. The zone district rezoned all Lionshead properties from Commercial Core 2 to LMU-1. It intended to create incentives for properties to redevelop. The purpose of the LMU-1 zone district is as follows: The Lionshead mixed use 1 district is intended to provide sites for a mixture of multiple -family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead mixed use 1 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead redevelopment master plan. Additionally, the incentives are created to help finance The Lion February 9, 2015 10 public off site improvements adiacent to redevelopment projects. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. Our Analysis: When the Lionshead Master Planning process was undertaken, there was clear recognition that Lionshead lacked the vitality of Vail Village. The structures were dated, the pedestrian mall did not function, and older lodging properties were suffering from low occupancy rates as a result of substandard conditions. As the purpose statement indicates, the Town recognized these issues and created a zone district to incentivize the redevelopment of Lionshead. Many properties in Lionshead have since redeveloped: the Antlers; the Arrabelle; the Marriott; the Ritz-Carlton Residences; the Landmark - all successful examples of redevelopment as a result of the Lionshead Master Planning process. The Lionshead Inn and Lionshead Inn Annex were constructed in the 1970s. At the time, both hotels were considered luxurious. However, since then, times have changed dramatically, and the standards that Vail visitors expect their hotels to meet, have also changed dramatically. The previous facilities were not up to visitor expectations, which resulted in low returning customer rates. Both facilities suffered from low occupancy rates. The Lion February 9, 2015 11 The incentives offered by the Lionshead Mixed Use -1 zone district allow the Lionshead Inn properties the opportunity to redevelop into a project more fitting the needs of Lionshead and visitors to Vail. The previous buildings on the site have been demolished, allowing for a completely new structure meeting all aspects of the zoning regulations. The Lion meets the purposes of the Lionshead Mixed Use -1 zone district along with all of the development standards prescribed by that zone district. B. Lionshead Redevelopment Master Plan Compliance Our Analysis The Lionshead Redevelopment Master Plan was adopted by the Town of Vail on December 15, 1998. It is a guide for property owners proposing to undertake development or redevelopment of their properties and the municipal officials responsible for planning public improvements. The Lionshead Redevelopment Master Plan (LRMP) sets out recommendations for the entire Lionshead area, provides detailed plan recommendations for specific areas, and outlines site design and architectural design guidelines, and then provides specific development standards that are implemented through the Lionshead Mixed Use -1 zone district. Below is the language from the LRMP that is applicable to the vehicular and pedestrian circulation surrounding the Lionshead Inn properties: Modifications to West Lionshead Circle and Lionshead Place West Lionshead Circle and Lionshead Place currently handle the heaviest load of lodging access and delivery traffic in Lionshead and will likely continue to do so. The recommended improvements to these roads are both aesthetic and functional, working to provide for safe and efficient vehicular traffic while also insuring a safe pedestrian environment visually consistent with the overall goals of the master plan. East Intersection of W. Lionshead Circle and S. Frontage Road This intersection will experience the greatest increase in traffic volume due to the projected increase in lodging units and the proposed north day lot transit center. Mitigation measures may be required, as outlined in the traffic study. Intersection of Lionshead Place and West Lionshead Circle Due to the projected volume of lodging traffic that will be accessing Lionshead Place (Monteneros, Antlers, Lionsquare Lodge, and the Vail Associates core site), it is recommended that this intersection be realigned so the primary through -traffic axis is north -south (see figure 4-10). West Lionshead Circle would form a T - intersection at the northeast corner of the Marriott. In addition to facilitating traffic now, this realignment will create a much safer, logical pedestrian crossing from West Lionshead Circle into the Lionshead pedestrian core. Pedestrian Sidewalks and Crossings The Lion February 9, 2015 12 A series of primary and secondary _ 4', '✓�% pedestrian walks should be created connecting the West =; Lionshead area with the Lionshead core, the frontage road, and the C ski yard. These walks and crosswalks are identified on Map up _ � MASTMPrrr FRAMEWORK Q and Map T. " =- l 'f PHDE3nUAN WALKS f AND ?Aral Visual Improvements As the road systems and adjacent lodging properties in west Lionshead are upgraded it is critical that a consistent visual character be developed through the design of new pedestrian walkways, landscaping, retaining walls, lighting, and site furnishings. For further information on these systems, see chapter six, Site Design Guidelines. Chapter 5: Detailed Plan Recommendations Chapter 5 of the LRMP provides detailed plan recommendations for every area of Lionshead. This section provides the language from the LRMP regarding the detailed plan recommendation for the Lionshead Inn properties, and includes the July 2006 amendment found in Resolution No. 4, requiring "no net loss of live beds" on the Lionshead Inn properties. 5.15 Lionshead Inn, Lionshead Annex, Enzian Cluster Redevelopment and/or enhancement of the buildings in this cluster at West Lionshead Circle and South Frontage Road (see Figure 5-19) is encouraged. The Lionshead Redevelopment Master Plan clearly encourages the redevelopment of this site, due to the aging structures and dated hotel rooms. The Pedestrian Street The existing structures are recessed from the street, elevated above it, and separated from it by surface parking lots. To improve the pedestrian character of the neighborhood, a better relationship with the street is desirable. The principal objective for redevelopment in this area is to engage the surrounding pedestrian environment, either by adding building elements toward the street or by lowering the finish grade at the entries so that they are closer to the level of the street. The entry has been oriented to minimize vehicular penetration into the more pedestrianized core, adjacent to the Marriott to enhance the pedestrian experience. The first floor, along West Lionshead Circle, steps down to a one-story element and includes commercial uses to improve the pedestrian character of the frontage. The surface parking lots have been removed (except where required to maintain the The Lion February 9, 2015 13 access easement for the Enzian) and all parking is located underground. The commercial uses are at street level, creating a pedestrianized area along West Lionshead Circle. Access and Street Frontage The existing accesses into these properties should be adjusted to align with the opposing curb cuts on the east side of West Lionshead Circle. The street edge should be strengthened for pedestrian use with landscaping, enhanced signage, and retaining walls as described in the site design guidelines, chapter six. The Lionshead Inn secured a permit in the past which is now expired to add another vehicular access point from the South Frontage Road, and the property owner is encouraged to pursue the opportunity to screen the surface parking lot on the north and regrade the lot to reduce the significant cross -slope. Parking is located underground and the garage entrance is accessed from the existing access easement that is being maintained for the Enzian. Load and delivery, along with Fire Department access and staging will occur off the Frontage Road. Building Height Because it sits considerably above the frontage road, the Lionshead Inn is encouraged to explore a ground level or lower floor infill solution if development scenarios are pursued. Additional building height, if proposed, must conform to the design guidelines. As proposed, the proposal meets the height requirements of 71 ft. average and 82.5 ft. maximum. Preservation of Existing Live Beds The Lionshead Inn and Lionshead Annex presently contain 85 accommodation units. Given the importance and need for live beds to the vitality and success of the community, any future redevelopment of the sites shall ensure the preservation of short term accommodation on the site. The preservation of live beds should focus on maintaining the number of existing live beds and the amount of gross residential square footage devoted to that use on the site. With this in mind, the quality of the existing live bed base could be upgraded and the rooms could be reconfigured to create increased lodging opportunities. In no instance, however, shall the amount of gross residential floor area devoted to live beds be reduced. The construction of "attached accommodation units", "lodge dwelling units", "timeshare units", "fractional fee club units", and dwelling units in a voluntary rental program, as defined in the Zoning Regulations, could significantly increase the availability of short term rental opportunities within the building. As proposed, The Lion includes 85 live beds consistent with this Master Plan policy. The Lion February 9, 2015 14 C. Character of the Neighborhood Our Analysis: The neighborhood of the Lionshead Inn properties is architecturally and aesthetically diverse. The property most adjacent to the Lionshead Inn is the Enzian Condominiums, which will be most impacted by the redevelopment proposal. As a result, the design team made every effort to minimize impacts to the Enzian Condominiums, including respecting the existing access easement. No development is proposed adjacent to the Enzian, on the Lionshead Inn property to the south. The Enzian Condominiums have not been redeveloped at this point in time and therefore the architecture and character of the Enzian Condominiums is more of the old Lionshead aesthetic, and while the design of The Lion respects the existing structure, it is designed based on the Design Guidelines of the 4A, Lionshead Redevelopment Master Plan. It is assumed, like most properties in Lionshead that have not yet been redeveloped, that at some point in the future, redevelopment will occur. Adjacent to the Lionshead Inn to the west is the Vail Spa. Unlike the Enzian Condominiums, the Vail Spa's architectural character is more modern, with a flat roof, interesting angles, and large panes of glass. Built in 1980, this site also has development potential based on the Lionshead Mixed Use - 1 zone district. However, without knowing the future plans for this building, the design of The Lion includes some more modern elements to allow for some consistency of character in the neighborhood. The Marriott, to the south of the Lionshead Inn properties, went through a major redevelopment in the late 1990s. In this case, the existing structure was maintained, but the building was renovated to be more in compliance with the Design Guidelines of the Lionshead Redevelopment Master Plan. Many of the old forms remained, but the materials and colors were updated and upgraded. The Lion is proposed with similar materials and will be of a character that compliments the Marriott. The Lion February 9, 2015 15 Other properties in the vicinity include the North Day Lot, Concert Hall Plaza, and Montaneros. The design of The Lion will be complimentary to these properties, maintaining the character of Lionshead, while creating a project that is remarkable on its own. D. Other Applicable Elements of the Vail Comprehensive Plan Our Analysis: The Lionshead Redevelopment Master Plan has been covered in depth in previous sections of this submittal and is incorporated here by reference. The Vail Land Use Plan, which was originally adopted in 1986, also includes goals that are applicable to this project. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 3.1 The hotel bed base should be preserved and used more efficiently. 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. Now over 30 years old, the Town of Vail Land Use Plan is outdated in general, but many of the concepts of the plan are applicable to development today. The Lion helps to further these goals as outlined in the Vail Land Use Plan. The Lion February 9, 2015 16 6. Conditional Use Permit Criteria for Review The proposed reduction in the number of timeshare units necessitates the need for a Conditional Use Permit. The dwellings, lodge dwelling units, employee housing unit, and the attached accommodation units (lock -offs) are all uses allowed by right which do not require a special approval from the PEC. The change from 12 timeshare units to 9 timeshare units requires an amendment to the Conditional Use Permit. A. Relationship and impact of the use on development objectives of the town. Our Analysis: The development objectives for this property are summarized in the Lionshead Redevelopment Master Plan. The Master Plan clearly states that the objective for this property is to have 85 "live beds" available on the property. This application, as did the previous applications and approvals, demonstrates compliance with the development objectives of the Town and the specific policy of maintaining 85 live beds on the property. B. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Our Analysis: The proposal to reduce the number of timeshare units does not change the building and development site in any way. It does reduce the parking requirement slightly which suggests a minor reduction in need for public facilities. The proposed change will have only positive effects on this criterion. C. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Our Analysis: The minor reduction in the number of time share units has a reduced parking impact to the project which suggests a general reduction in traffic to the site. The proposed change will have only positive effects on this criterion. D. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Our Analysis: This minor change in programming does not result in any outward change to the building whatsoever. Therefore the proposed amendment does not have a negative impact on the character of the area or bulk and mass of the building. The proposed change will have no effects on this criterion. The Lion February 9, 2015 17 7. Adjacents TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 VAIL CORP THE FIXED ASSETS DEPARTMENT 390 INTERLOCKEN CRES STE 1000 BROOMFIELD, CO 80021-8056 LANDMARK CONDO ASSOCIATION DESTINATION RESORT MANAGEMENT INC 610 W LIONSHEAD CR VAIL, CO 81657 MONTANEROS CONDOMINIUM ASSOCIATION, INC. LAURIE JEANES 641 W LIONSHEAD CIR, VAIL, CO 81657 DIAMONDROCK VAIL OWNER LLC DIAMONDROCK HOSPITALITY CO 3 BETHESDA METRO CTR STE 1500 BETHESDA, MD 20814-635 VAIL SPA CONDOMINIUM ASSOC 710 W LIONSHEAD CIR VAIL, CO 81657 VAIL SPA CONDOMINIUM ASSOCIATION EAST WEST RESORTS PO BOX 5480, AVON, CO 81620 ENZIAN AT VAIL CONDOMINIUM ASSOCIATION GEOFFREY WRIGHT 610 W LIONSHEAD CIR, VAIL, CO 81657 SUN VAIL CONDO ASSOCIATION 635 N FRONTAGE ROAD #3 VAIL, CO 81657 CDOT 4201 E. ARKANSAS AVENUE DENVER, CO 80222 LION SQUARE NORTH ASSOCIATION, INC. BILL ANDERSON 660 WEST LIONSHEAD PLACE The Lion CONDOMINIUM VAIL, CO 81657 CONCERT HALL PLAZA ASSOCIATION LES ROOS 500 GOLDEN EAGLE DRIVE BROOMFIELD, CO 80020 CONDOMINIUM THE MARK -LODGE CONDOMINIUM ASSOCIATION, INC. KELLIE NEWMAN 715 WEST LIONSHEAD CIRCLE VAIL, CO 81657 VAIL MARRIOTT MOUNTAIN RESORT 715 WEST LIONSHEAD CIRCLE VAIL, CO 81657 MAURIELLO PLANNING GROUP PO BOX 4777 EAGLE, CO 81631 HUGHES LAND HOLDING TRUST 28 ANACAPA ST STE D SANTA BARBARA, CA 93101-1881 CHARLES H. STONE FAMILY LP OWNER ADDRESS 641 LIONSHEAD PL VAIL, CO 81657-5214 VAIL GEAR CORP BOB WALSH OWNER ADDRESS 641 VAIL, CO 81657-5227 W LIONSHEAD CIR February 9, 2015 18 LEVEL RETAIL EMPLOYEE HOUSING UNIT I DWELLING UNIT 3 LOCK OFF TIMESHARE LODGE DWELLING UNIT TWO STORY UNIT ARCHITECTURE URBAN DESIGN INTERIOR DESIGN WEST LIONSHEAD CIRCLE KEY ■ RETAIL EMPLOYEE HOUSING UNIT DWELLING UNIT ® LOCK TIMESH/ LODGE O TWO ST LEVEI DWELLING l LOCK OFF TIMESHARE LODGE DWI ARCHITECTURE URBAN DESIGN INTERIOR DESIGN .EVEL /VELLING L )CK OFF MESHARE )DGE DWE LE\ DWELL LOCK TIMES[- LODG ARCHITECTURE URBAN DESIGN INTERIOR DESIGN LEVE DWELLINI LOCK OF TI M ESHAF LODGE D' Ll THE LION VAIL, COLORADO LIONSHEAD, LLC I MAURIELLO PLANNING GROUP 1 17004.00 11 PEC � 02.03.2015 A1.4 • C L° LEVELS 6Et7 PLANS 8702 PHONE: 303.449.8900 FAX: 303.449.3886 WWW.OZARCH.COM