HomeMy WebLinkAboutTREETOPS PEC 1-28-19 version 2.pdfLMU-1 DENSITY AMENDMENT
PLANNING AND ENVIRONMENTAL COMMISSION
JANUARY 28, 2019
LMU-1 DENSITY AMENDMENT
APPLICANT TEAM
▸Dominic Mauriello, AICP - Mauriello Planning
Group
▸Allison Kent, AICP - Mauriello Planning Group
▸Michael Johnson, President of the Treetops HOA
LMU-1 DENSITY AMENDMENT
AGENDA
▸How did we get here?
▸What is being requested?
▸Background on Lionshead planning and zoning
▸Background on Lionshead zoning density provisions
▸Effects of code change proposed
▸Review of text amendment criteria
LMU-1 DENSITY AMENDMENT
HOW DID WE GET HERE?
▸Treetops is a 50 year old building
▸Number of new dwelling units allowed is not adequate to
redevelop
▸28 existing dwelling units with 1,200 sq. ft. units
▸Zoning allows only 9 additional dwelling units
▸(33% increase) or 35 units per acre
▸GRFA allowed is 97,000 sq. ft. or 60,000 sq. ft additional
▸Lionshead zoning allows an unlimited number of fractional
or timeshare units but the market does not exist
▸So that’s why we are here - to make something happen
LMU-1 DENSITY AMENDMENT
WHAT IS BEING REQUESTED?
▸Text amendment - Section 12-7H-12: Density of the LMU-1 Zone District
▸Currently allows for 35 dwelling units per acre
▸or 33% increase over existing number of dwelling units
▸Applicant is requesting that density be unlimited
▸Fill the three dimensional box created by form based codes
▸Building height, GRFA, site coverage, landscape area, design guidelines,
parking, etc.
▸No other changes are proposed
LMU-1 DENSITY AMENDMENT
PUBLIC OUTREACH
▸MPG contacted nearly every property
manager in Lionshead in December
▸Spoke personally to many and sent
emails to others
▸Adjacent owner notice went to about
1,000 owners in Lionshead
▸Literally every owner
▸Contacted all property managers
again on January 18, 24, and 25
▸Everyone I have spoken to has been
very supportive of what is proposed
LMU-1 DENSITY AMENDMENT
BACKGROUND - 1990’S ZONING
▸Prior to 1999, the Lionshead Area was zoned a mixture of Commercial Core 2, High Density
Multiple Family, and Special Development Districts
LMU-1 DENSITY AMENDMENT
BACKGROUND - 1990’S ZONING
▸Prior to 1999, the Lionshead Area was zoned a mixture of Commercial Core 2, High Density
Multiple Family, and Special Development Districts
LMU-1 DENSITY AMENDMENT
BACKGROUND
▸Town visionaries recognized that
redevelopment of Lionshead was critical
for Vail to remain a competitive four-
season resort
▸Town undertook a master planning
process to complete the LRMP in
mid-1990s
▸Master Plan was adopted in December of
1998 by Resolution No. 13, Series of 1998
LMU-1 DENSITY AMENDMENT
BACKGROUND
▸Two new zone districts were created by Ordinance No. 3, Series of 1999:
▸Lionshead Mixed Use 1 (LMU-1)
▸Lionshead Mixed Use 2 (LMU-2) (not amending this district)
▸Intended to create more cohesive standards for development across Lionshead
▸Intended implement the vision of the Master Plan
▸Intended to incentivize redevelopment
LMU-1 DENSITY AMENDMENT
LIONSHEAD MIXED USE - 1 ZONE DISTRICT
LMU-1 DENSITY AMENDMENT
BACKGROUND: LMU-1 PURPOSE STATEMENT
▸Encourage and provide incentives for redevelopment
▸Specifically developed to provide incentives for properties to redevelop
▸Ultimate goal of these incentives is to create an economically vibrant lodging,
housing, and commercial core area
▸Primary goal of the incentives is to create economic conditions favorable to
inducing private redevelopment consistent with the Lionshead
redevelopment master plan
LMU-1 DENSITY
LMU-1 DENSITY (DWELLING UNITS PER ACRE): CURRENT DEFINITION
▸12-7H-12: DENSITY (DWELLING UNITS PER ACRE):
▸Up to a thirty three percent (33%) increase over the existing number of dwelling
units on a property or thirty five (35) dwelling units per acre, whichever is greater,
shall be allowed.
▸For the purpose of calculating density, employee housing units, accommodation
units, attached accommodation units, timeshare units, and fractional fee club units
shall not be counted as dwelling units.
▸Additionally, a "lodge dwelling unit", as defined herein, shall be counted as twenty
five percent (25%) of a dwelling unit for the purpose of calculating density.
LMU-1 DENSITY AMENDMENT
LMU-1 DENSITY: REPEATED FOR EMPHASIS
▸What is unlimited in density today?
▸Timeshare Units - a dwelling unit with multiple interests
▸Fractional Fee Units - a dwelling unit with multiple owners
▸Employee Housing Units - a dwelling unit occupied by local worker
▸Accommodation units - hotel room
LMU-1 DENSITY AMENDMENT
LMU-1 DENSITY
▸Dwelling units or condominium units and lodge
dwelling units are the only residential use with a
limit
▸The worry in 1998 was that condos had low
occupancy
▸This was long before AirBnB, VRBO, HomeAway,
Social Media, pre-smart phone
▸eCommerce just beginning
▸AirBnB - $38 billion company - started in 2008
LMU-1 DENSITY AMENDMENT
ALSO POPULAR IN THE 1990’S
▸1998 was early internet Pre-
Iphone - 2007
▸You couldn’t manage a short
term rental from a phone
▸A lot has changed in 20
years
LMU-1 DENSITY AMENDMENT
LMU-1 DENSITY AMENDMENT
SHORT TERM RENTAL OF DWELLING UNITS
▸Since the 1990s, the market has seen a
dramatic increase in the short-term
rental of dwelling units
▸Until recently one have to rely on local
management companies to advertise
rental properties
▸Marketing of rentals was not easily
done A simple search of VRBO for rentals available in “Lionshead
Village, Vail, CO yields over 300 results, indicating the
success of on-line short-term rental sites.
LMU-1 DENSITY AMENDMENT
REDEVELOPMENT SHOULD BE ENCOURAGED
▸What’s left to redevelop in Lionshead are mostly condo buildings
▸All of the easy sites controlled by one owner or vacant are largely
redeveloped
▸HOA’s generally don’t want to be in the timeshare or hotel business
▸Lenders don’t want to lend in buildings with timeshare or fractional ownership
▸The only realistic tool we have to encourage their redevelopment is additional
condos
▸Adding only a few units is not going to be enough
LMU-1 DENSITY AMENDMENT
THREE DIMENSIONAL BUILDING ENVELOPE
▸Height is set - average of 71’
▸GRFA is limited 2.5 x site area
▸Site coverage regulates the building
footprint
▸Setbacks address separation
▸Parking requirements stay intact
▸Architecture Design Guidelines regulate
style and feel
LMU-1 DENSITY AMENDMENT
THREE DIMENSIONAL BUILDING ENVELOPE
▸We can fill that 3D Envelope today with timeshare units
▸Why do we care if there are 10 dwelling units of 3,000 sq. ft. or 30 of 1,000 sq.
ft.?
▸I think everyone agrees it would be better to have 30 units instead of 10 units
▸Let the market decide what goes in the box
LMU-1 DENSITY AMENDMENT
FIRST 20 YEARS
▸LMU-1 zoning as successful in spurring the
redevelopment of many projects in Lionshead
▸Projects, such as Antlers, the Arrabelle, Ritz
Carlton and Gore Creek Residences were able
to take advantage of the flexibility and
incentives of the LMU-1 zone district not long
after the zone district was adopted
▸Other projects, such as Vail Spa, Vail 21, and
the Lodge At Lionshead 1 and 2 have done
major exterior upgrades without adding new
units
LMU-1 DENSITY AMENDMENT
FIRST 20 YEARS - TIMESHARE AND FRACTIONAL UNITS
▸Thought in 1998 was that this encourage construction of fractional units
▸Considered to be warm beds, thinking they would have higher occupancy than
dwelling units
▸Few projects have built timeshare or fractional units, especially recently
▸Ritz Carlton Residences is one of the few to have successfully sold fractional ownership
▸The Lion has 10 fractional units, of which none have yet sold
▸Since the adoption of the Master Plan, the economics of redevelopment has changed
▸Trend in 1990s of timeshare and fractional ownership has largely disappeared here
LMU-1 DENSITY AMENDMENT
EMAIL FROM MATT FITZGERALD, BROKER SSF LIONSHEAD BRANCH
▸Early 2000’s buyers liked the idea of being in a premier location at a “fraction” of the
cost
▸At the time a general void of luxury units being rented
▸Today, many luxury products available for rent
▸Fractionals on the market for 600 days and have to take deep discounts to sell
▸Rotating weeks difficult to manage
▸Many lenders won’t lend in a building that contains fractional or timeshare
▸No real market for fractional or timeshare in Lionshead
LMU-1 DENSITY AMENDMENT
LODGE DWELLING UNITS
▸LODGE DWELLING UNIT: A small dwelling unit with limited kitchen and floor area and
which contains six hundred fifty (650) square feet or less of floor area and is intended
to be rented on a short term basis.
▸Was thought that LDUs would be more likely to be placed in a short-term rental pool
▸To encourage the LDUs, they only count as 25% of a dwelling unit for density calculation
▸Unfortunately, market did not support development of LDUs
▸Only The Lion constructed new LDUs under LMU-1
▸In past 20 years, only 4 new lodge dwelling units have been constructed - not a great
success for LDU concept
LMU-1 DENSITY AMENDMENT
LMU-1 DENSITY: HOTEL ROOMS
▸Town’s goal of increasing bed base through
provision of hotel rooms as part of new
development projects has been challenging
▸Many of properties in Lionshead are not
structured to be able to manage hotel
operations
▸As a result, new hotel rooms in Lionshead
have only been constructed by Vail Resorts
at the Arrabelle
Redevelopment of the core site into the Arrabelle at Vail Square,
included 67 dwelling units and 36 hotel rooms.
EFFECT OF INCREASED
DENSITY IN LMU-1
ANTLERS
ARRABELLE
CONCERT HALL PLAZA
ENZIAN
ELEVATION(PROPOSED)
EVERGREEN LODGE
FIRST CHAIR
LANDMARK
LIFT HOUSE
LION SQUARE LODGE NORTH
LION SQUARE LODGE SOUTH AND EAST
LIONS PRIDE BUILDING
LIONSHEAD ARCADE
LIONSHEAD CENTRE
LODGE AT LIONSHEAD I, II, III
MARK LODGE
MONTANEROS
THE LION
TREE TOPS
VAIL 21
VAIL INTERNATIONAL
VAIL SPA
VANTAGE POINT
WEST DAY LOT SUBDIVISION
WESTWIND
0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80
Density: Dwelling Units Per Acre
35 DU/ACRE - 2018
25 DU/ACRE - 1998
LMU-1 DENSITY AMENDMENT
EFFECTS OF INCREASED DENSITY - TRAFFIC
▸You have the memo from the Town Engineer
▸Transportation master plan assumes a huge redevelopment of the Lionshead
Parking Structure
▸That project no longer exists
▸That project is not included in the Lionshead Redevelopment Master Plan
▸Not sure why any plan would take into consideration a phantom project
LMU-1 DENSITY AMENDMENT
EFFECTS OF INCREASED DENSITY - TRAFFIC
▸Additional dwelling units have the potential to increase traffic within Town
▸However, the real impact is negligible as the number of timeshare units allowed
is currently unlimited
▸Traffic impacts of timeshare and dwelling units are similar
▸Frontage Roads and roundabouts have been designed to absorb additional
traffic
▸There is capacity in the system to absorb anticipated redevelopment with this
amendment
LMU-1 DENSITY AMENDMENT
EFFECTS OF INCREASED DENSITY - WATER AND WASTEWATER
▸You have a letter from ERWSD
▸There are no concerns about providing water
▸There could be future impacts to wastewater during the peak December week
▸ERWSD believes a full fractional unit produces 2/3rd’s less wastewater than a full
dwelling unit
▸ERWSD not suggesting the amendment should not occur
▸Pointing out that improvements to system may have to occur at some point if there
is significant redevelopment
LMU-1 DENSITY AMENDMENT
EFFECTS OF INCREASED DENSITY: VISUAL AND BUILDING SIZE IMPACTS
▸No other development standards are
proposed to be amended
▸All projects will be required to fit
within the box that is currently
permitted today
▸Only modifies what goes in the box
▸All other standards create the box
LMU-1 DENSITY AMENDMENT
▸There is no impact to parking requirements
▸Every new dwelling unit must be parked
▸Dwelling unit parked at 1.4 spaces per unit
Dwelling Unit 1.4 spaces
Dwelling Unit with one
attached accommodation
unit
1.4 spaces
Dwelling Unit with more
than one attached
accommodation unit
1.4 spaces plus .7
space per each
additional attached
accommodation unit
EFFECTS OF INCREASED DENSITY: PARKING
LMU-1 DENSITY AMENDMENT
▸There is really no change to the
impacts to the environment
▸Units being added to existing core
area
▸Not much difference between
fractional/timeshare units and
dwelling units
EFFECTS OF INCREASED DENSITY: ENVIRONMENTAL IMPACTS
CRITERIA FOR REVIEW
OF TEXT AMENDMENT
LMU-1 DENSITY AMENDMENT
CRITERIA FOR REVIEW
(1)The extent to which the text amendment furthers the general and specific purposes of the zoning
regulations
(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
(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
(4)The extent to which the text amendment provides a harmonious, convenient, workable relationship
among land use regulations consistent with municipal development objectives
(5)Such other factors and criteria the planning and environmental commission and/or council deem
applicable to the proposed text amendment
LMU-1 DENSITY AMENDMENT
CRITERIA FOR REVIEW
(1)The extent to which the text amendment furthers the general and specific purposes of the zoning
regulations
(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
(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
(4)The extent to which the text amendment provides a harmonious, convenient, workable relationship
among land use regulations consistent with municipal development objectives
(5)Such other factors and criteria the planning and environmental commission and/or council deem
applicable to the proposed text amendment
(1) PURPOSES OF ZONING REGULATIONS
(2) GOALS OF COMPREHENSIVE PLAN
(3) CONDITIONS HAVE CHANGED
(4) WORKABLE RELATIONSHIP
(5) OTHER FACTORS
LMU-1 DENSITY AMENDMENT
(1) PURPOSES OF ZONING REGULATIONS
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.
Specific: These regulations are intended to achieve the following more specific purposes:
1.To provide for adequate light, air, sanitation, drainage, and public facilities.
2.To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions.
3.To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets.
4.To promote adequate and appropriately located off street parking and loading facilities.
5.To conserve and maintain established community qualities and economic values.
6.To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development
objectives.
7.To prevent excessive population densities and overcrowding of the land with structures.
8.To safeguard and enhance the appearance of the town.
9.To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features.
10.To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters.
11.To otherwise provide for the growth of an orderly and viable community.
LMU-1 DENSITY AMENDMENT
(1) PURPOSES OF ZONING REGULATIONS
▸Proposed amendment to LMU-1 zone district to allow for unlimited dwelling units is
consistent with the purposes
▸Encourages density within existing core areas, where density is appropriate and
desired
▸LRMP Design Guidelines work in tandem with Zoning Regulations to ensure that
structures have appropriate height, setback, and step-backs to ensure that architectural
fabric of Lionshead is enhanced and preserved
▸Parking requirements, traffic impacts, and public facilities are addressed in
development review process
▸Proposed amendment furthers the general and specific purposes of the Zoning
Regulations and is therefore consistent with this criterion
LMU-1 DENSITY AMENDMENT
(2) GOALS OF COMPREHENSIVE PLAN
▸Lionshead is governed by the Lionshead Redevelopment Master Plan, which was adopted in
1998. In 1996, the Town Council adopted six policy objectives to provide a framework for the
master plan process. These were:
1.Renewal and Redevelopment
2.Vitality and Amenities
3.Stronger Economic Base Through Increased Live Beds.
4.Improved Access and Circulation
5.Improved Infrastructure
6.Creative Financing for Enhanced Private Profits and Public Revenues
LMU-1 DENSITY AMENDMENT
(2) GOALS OF COMPREHENSIVE PLAN
▸For private development and redevelopment of properties within Lionshead,
two of these are of utmost importance: “Renewal and Redevelopment” and
“Stronger Economic Base Through Increase Live Beds”
▸It was recognized that only through redevelopment of Lionshead could it
become more vibrant environment for residents and guests, and that provision
of live and warm beds was paramount for redevelopment projects
LMU-1 DENSITY AMENDMENT
(2) GOALS OF COMPREHENSIVE PLAN
▸The proposed change to the regulation clearly support the Master Plan goals
LMU-1 DENSITY AMENDMENT
(3) CONDITIONS HAVE CHANGED
▸LMU-1 zone district, adopted in 1999, recognized that an increase in development
potential was critical to encourage the redevelopment of properties in Lionshead
▸Timeshare and fractional were seen in 1998 as the major force to encourage
redevelopment and create warm beds
▸20 years later, condos are the leading economic driver of redevelopment
▸Supported by technology (internet) and short term rental opportunities
▸Town recently recognized this with the removal of fractional units at the Four
Seasons
LMU-1 DENSITY AMENDMENT
(3) CONDITIONS HAVE CHANGED
▸Another requirement that has changed the ability to redevelop since 1998, is
the employee housing requirements that were put in place
▸Employee housing adds an additional burden not originally factored in the
density calculation
▸This has a significant impact on the ability to redevelop
LMU-1 DENSITY AMENDMENT
(4) WORKABLE RELATIONSHIP
▸Because the proposed amendment maintains all other development standards
of the LMU-1 zone district, along with all design standards of the LRMP,
proposed amendment creates opportunities for redevelopment where
development parameters are the same, no matter what “fits in the box”
▸The more dwelling units that go into the box means the smaller they will be
and more likely they will be rented
▸In addition, the parking requirement for all uses must be met
CONCLUSION
LMU-1 DENSITY AMENDMENT
CONCLUSION
▸Proposed text amendment meets the review criteria for a text amendment
▸Impacts of increased density can be absorbed by the existing infrastructure
▸Increased density should occur in the core areas, where services exist
▸Consistent with the goals and objectives of the LRMP and Vail Land Use Plan
▸We respectfully request that the Planning and Environmental Commission
forward a recommendation of approval