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HomeMy WebLinkAbout2019-01-28 PEC0 PLANNING AND ENVIRONMENTAL COMMISSION TOW?J OF ffl) January 28, 2019, 1:00 PM Town Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 1. Call to Order Present: Ludwig Kurz, Pam Hopkins, Brian Stockmar, John -Ryan Lockman and Brian Gillette Absent: Rollie Kjesbo, Karen Perez Main Agenda 2.1. A request for a recommendation to the Vail Town Council for a Prescribed 90 min. Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-7H-12, Density, Vail Town Code, to remove the dwelling units per acre maximum while maintaining the existing dimensional standards including GRFA and building height in the Lionshead Mixed Use - 1 zone district. (PEC18-0041) Applicant: Treetops Condominium Association, represented by Mauriello Planning Group Planner: Chris Neubecker Planner Neubecker introduced the proposal to the Commission. Proposal will change only the allowed number of dwelling units, but will not change the allowed building height, GRFA, setbacks, site coverage, setbacks or parking required. Commissioner Gillette inquired about parking, fee in lieu zones etc. How many extra spaces would be required if all properties that can not have on- site parking were to redevelop to their maximum? Neubecker spoke to the question at hand and stated that the math has not been done. Commissioner Stockmar inquired about unforeseen consequences and whether this could be done property -by -property to test the case. Neubecker responded that would not be recommended. Lionshead is generally taken as a whole. Commissioner Kurz expressed concern with Treetops taking on the mantle. Also, have same concerns about unforeseen consequences. Dominic Mauriello, representing the applicant, provided a PowerPoint presentation on the proposed text amendment. Pam Hopkins asked about the parking differences with fractional fee units and if this theory has proven out with less demand. Neubecker discussed his anecdotal information on this. Mauriello spoke to the number of fractional units in Vail. He continued his presentation, speaking to the history of Lionshead and its redevelopment. Hopkins: Is there a maximum number of beds for the Town of Vail? Mauriello & Neubecker; There is no stated limit at this time. Hopkins spoke to the boom and bust cycle in the last 20+ years and her concerns. Tom Kassmel, Town Engineer, spoke to his analysis of the proposal. He spoke to the assumptions that have been built into the ten year old Transportation Plan. He discussed available capacity and uncertainties of the future. Jason Cowles with Eagle River Water and Sanitation District (ERWSD) spoke to wastewater planning and recently completed Wastewater Master Plan. He spoke to the capacity of the diversion system present at Vail station. All solids are bypassed to the Edwards station. He discussed other capital projects anticipated at the Avon and Edwards stations. If this proposal substantially increases development within the near future, the improvements to the Vail station would have to occur earlier, necessitating a possible rate increase earlier or higher than planned. Gillette inquired about tap fees and how they are assessed. Cowles spoke to the fee currently being based on square footage, but maybe moving to a fee based on fixture count. Kurz inquired whether water is of a lesser concern than wastewater and how improvements are done in a largely built out environment. Cowles spoke to different funding models. Gillette: What is the capacity now? Cowles: With the bypass in place, we anticipate hitting 80% capacity in 2027. That level, per state regulations, will initiate additional measures to improved capacity. Public Comment: Rocky Cortina, The Lion, spoke to challenges getting redevelopment projects to work with limitations on whole unit units. Fractionals are a thing of the past. Whole ownership units in the rental pool are doing well. The Lion is proving that there is a tangible value for these units in a rental market. Tom Braun representing himself, thinks the idea has merit and deserves discussion (would be a net positive). Commissioner Comment: Lockman - Spoke to the intent of the Lionshead Redevelopment Master Plan and the changes that have occurred to the market since its inception. This is where densities should be. Believes that this proposal makes sense. Looking at the criteria, as the box doesn't change, this makes sense and the impacts can be addressed. Hopkins: Would like to proceed slowly. Is it worth the gamble to add 500 more units? Kurz- Agree with Commissioner Lockman. Would like to see it go in part but recognize that is not the way to do it. The impacts will not be immediate and can be addressed. Support the changes. Gillette: Supports proposal. Encourages ERW SD to peg tap fees to future capacity as opposed to rate payers. Concerned with how parking is set up. Not quite ready to vote. We are building empty parking garages. Stockmar- Echoing previous commissioners. Parking is an issue but its not tied to this proposal. Supports this moving forward. Kurz- Would urge staff to look how this proposal might impact the Civic Area Plan. Ludwig Kurz moved to recommend approval. John -Ryan Lockman seconded the motion and it passed (3-2). Ayes: (3) Kurz, Lockman, Stockmar Nays: (2) Gillette, Hopkins Absent: (2) Kjesbo, Perez 2.2. A request for a recommendation to the Vail Town Council for a Prescribed 2 min. Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 14-10-5, Building Materials and Design, Vail Town Code, and Section 14-10-8, Landscaping, Drainage and Erosion Control, Vail Town Code, relating to wildfire protection and the proposed adoption of the International Wildland Urban Interface Code, and setting forth details in regard thereto. (PEC18-0035) The applicant has requested this item be tabled to the February 25, 2019 regularly scheduled meeting of the Planning and Environmental Commission. Applicant: Vail Fire & Emergency Services Planner: Chris Neubecker Ludwig Kurz moved to table to February 25, 2019. Brian Gillette seconded the motion and it passed (5-0). Absent: (2) Kjesbo, Perez 2.3. A request for review of Major Exterior Alteration, pursuant to Section 12-7H- 40 min. 7, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of a new multifamily structure with below grade parking, located at 500 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0034) Applicant: Lazier Lionshead LLC, represented by Braun Associates Inc. Planner: Jonathan Spence 1. Approval of this project is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 2. The Transportation Impact Fee shall be paid to the Town of Vail by the applicant prior to issuance of any building permit. 3. Prior to the issuance of the first certificate of occupancy for the project, the Applicant shall execute and record deed restrictions, in a form approved by the Town Attorney, for the on-site employee housing units (EHUs). Planner Spence introduced the project. Staff will also present PEC18- 0036 concurrently, since these projects are closely related. Two separate motions and votes will be required. November 26, 2018 was the last time this was presented to the PEC. The applicant has made several changes since the last review by the PEC. There are no major changes, but further refinements to the plan have been made. Tom Braun, representative for the Applicant — There may have been some subtle changes to the east and west elevations, but most of the changes are on the north elevation. I n response to a question about garage venting, we have a consultant looking at this issue, but have not yet identified vent locations. We also did a traffic analysis, which was provided to the Town Engineer. We also created sun/shade analysis. For site context, Braun presented modelling of the Lionshead area, to show how this project fits in. He showed the revisions to the north elevation, including changes to the windows, and materials, added some decks. Braun reviewed the trash enclosures that accommodate restaurants, Lionhead Arcade and Lifthouse. These trash enclosures would go away with redevelopment, and applicant will work with Lifthouse to provide trash enclosures on Lifthouse property. The same offer will be made to Lionshead Arcade. Mr. Lazier is committed to work with Lifthouse to provide ADA access to Lifthouse. Braun provided an animation video of the proposed building. Lockman — Please explain ADA access options. Braun — Parking level is about 6 feet to the deck level for Liftouse . We are exploring options for a ramp or lift from this level. Can also come out to mall level. Public Comment — J enna Skinner — Representing the Lifthouse HOA — Tricky situation with infill. There has been a relationship between Lifthouse and Mr. Lazier for many years, and Lifthouse would like to see this relationship continue. Trash, ADA and accessibility are concerns, but not the most important. Provision of 69 off-site parking spaces is most important for Llfthouse. We would like to be very clear to have 69 parking spaces on the Lazier property, which must continue. Stockmar —Asked staff to address this situation Spence — Staff and Town Attorney discussed that parking must be replaced, but that it is not the Town's role to address this situation. It's the responsibility of Lifthouse to address the parking. Skinner — We want to make sure there is availability of the parking spaces. There were 91 spaces allocated to Lot 1A, but it is not a requirement that the parking agreement from the past to be carried over in this project; 69 spaces was a condition of construction of the Lifthouse. Stockmar — My question is whether or not it is the purview of the Town to address this issue. I don't know that we have the authority to add a requirement to a private agreement. Skinner —As a condition of the development permit, the Lifthouse may be in violation of the approval if the parking is not provided. Lifthouse wants to make sure that the parking is available. Stockmar — My understanding is that Lifthouse was required to provide the parking, and that Lifthouse chose to enter an agreement with Lazier to meet this requirement. Spence — Existing parking must be replaced on site, but how that happens is up to the Lifthouse and applicant to work out. Skinner — The plat indicates there is no access from Tract K to the Lifthouse. We want to make sure that access is intrinsic in this approval. Gillette — Was this not on the plat? Spence — My understanding is that this is a private easement. Stockmar — This is an important issue, but not one that the Town can impose on Mr. Lazier. Skinner — Please show where the loading berth is proposed. End of Public Comment Braun — There have never in the past been formal loading berths. The reason that Arrabelle provided four central loading spaces is for deliveries for Lionshead. Gillette — Is there a loading requirement by code? Spence — We view this as a residential project that does not need a loading berth, and we do not want to duplicate loading spaces already built. Ludwig Kurz moved to approve with conditions. Brian Gillette seconded the motion and it passed (5-0). Absent: (2) Kjesbo, Perez 2.4. A request for the review a variance from Section 12-7H-10, Setbacks, Vail 2 min. Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a side setback of zero feet (0') where ten feet (10') is required for a new multifamily structure, located at 500 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC 18-0036) Applicant: Lazier Lionshead LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence 1. Approval of this project is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. Ludwig Kurz moved to approve with conditions. Brian Gillette seconded the motion and it passed (5-0). Absent: (2) Kjesbo, Perez 3. Approval of Minutes 3.1. January 14, 2019 PEC Results Ludwig Kurz moved to approve. Brian Gillette seconded the motion and it passed (4-0). Abstain: (1) Lockman Absent: (2) Kjesbo, Perez 4. Adjournment John -Ryan Lockman moved to adjourn. Brian Gillette seconded the motion and it passed (5-0). Absent: (2) Kjesbo, Perez The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: January 28, 2019 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-7H-12, Density, Vail Town Code, to remove the dwelling units per acre maximum while maintaining the existing dimensional standards including GRFA and building height in the Lionshead Mixed Use -1 zone district. (PEC18-0041) ATTACHMENTS: File Name PEC18-0041 LMU-1 Text Amendment Staff Memo.pdf Attachment A - Vicinity Map - Lionshead Mixed Use 1 Zone District Amendment.pdf Attachment B - Applicant Narrative - PEC18-0041.pdf Attachment C - Lionshead Analysis of Redevelopment 12-27-18 by MPG.pdf Attachment D - Letter from ERWSD.pdf Attachment E - Town Engineer Memo - LMU-1 Density.pdf Description PEC18-0041 -Staff Memo - LMU-1 Text Amendment Attachment A - Vicinity Map Attachment B - Applicant Narrative Attachment C - Lionshead Analysis of Redevelopment by MPG Attachment D - Letter from Eagle River Water and Sanitation District Attachment E - Letter from Town Engineer Attachment F - Previous Zoning Map.pdf Attachment F - Previous Zoning Map - Lionshead Area Lionshead Centre Condo Association Letter of Support or Lionshead Zoning Amendment.pdf Attachment G - Letter of Support A, )rowN of vain Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 28, 2019 SUBJECT: A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-7H-12, Density, Vail Town Code, to remove the dwelling units per acre maximum while maintaining the existing dimensional standards including GRFA and building height in the Lionshead Mixed Use -1 zone district. (PEC18-0041) Applicant: Treetops Condominium Association, represented by Mauriello Planning Group Planner: Chris Neubecker I. SUMMARY The applicant, the Treetops Condominium Association, represented by Mauriello Planning Group, requests the review of a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-7H-12, Density, Vail Town Code, to remove the dwelling units per acre maximum while maintaining the existing dimensional standards including GRFA and building height in the Lionshead Mixed Use -1 zone district. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission (PEC) forward a recommendation of approval to the Vail Town Council, of this application, subject to the findings noted in Section VIII of this memorandum. A vicinity map (Attachment A) and the applicant's narrative (Attachment B). II. DESCRIPTION OF REQUEST The applicant is proposing to alter the density (dwelling units per acre) maximum within the Lionshead Mixed Use -1 zone district. As proposed, the change would entail removing the maximum allowed number of dwelling units per acre, so that there would be no cap on density. No changes are proposed to the existing limits on Gross Residential Floor Area (GRFA), building heights, setbacks, site coverage, landscaping, or any other dimensional standard. The proposed text amendment would apply only to properties within the Lionshead Mixed Use -1 (LMU-1) zone district. This zone district is bounded (approximately) on the north side by S. Frontage Road and E. Lionshead Circle, on the south side by Gore Creek, on the west at the intersection of S. Frontage Road and Forest Road, and on the east by Dobson Ice Arena and the Vail Library. (The Lionshead Parking Structure, Dobson Ice Arena, and Vail Library are in the General Use (GU) zone district, and are not impacted by this proposal.) Please see Attachment A — Vicinity Map, for more details. III. BACKGROUND Prior to adoption of the current zoning (1999) and the Lionshead Redevelopment Master Plan (LRMP), the zoning in the Lionshead area included several zone districts (See Attachment F- Previous Zoning Map). The following zone districts were in place in the areas currently zoned Lionshead Mixed Use -1: • Commercial Core 1(CC1) • High Density Multiple Family (HDMF) • Medium Density Multiple Family (MDMF) • Special Development District (SDD) • Parking (P) On December 15, 1998 the Vail Town Council adopted the Lionshead Redevelopment Master Plan via Resolution No. 14, Series of 1998. The purpose of the Plan was "to encourage redevelopment and new development initiatives within the Lionshead study area." Lionshead was recognized at the time to lack the economic vitality of Vail Village and failed to offer a world-class resort experience. Lionshead lacked growth in accommodation units, had a poor quality retail experience, uninteresting pedestrian environment, mediocre architectural character and was absent incentives for redevelopment. The adopted LRMP created the incentive for redevelopment, and to date, several properties have redeveloped or new construction has been completed. On April 6, 1999, the Vail Town Council adopted Ordinance No. 3, Series of 1999 which amended the zoning regulations by creating two new zone districts, Lionshead Mixed Use -1 and Lionshead Mixed Use -2 in order to implement the Lionshead Redevelopment Master Plan. On April 6, 1999 the Vail Town Council adopted Ordinance No. 4, Series of 1999, which amended the official zoning map for the Town of Vail and rezoned most of the land within the Lionshead area to Lionshead Mixed Use -1 zone district. Town of Vail Page 2 IV. PROPOSED TEXT AMENDMENT LANGUAGE The Prescribed Regulation Amendment is proposed as follows: EXISTING LANGUAGE: 12-7H-12: DENSITY (DWELLING UNITS PER ACRE).- Up CRE):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. PROPOSED LANGUAGE: 12-7H-12: DENSITY (DWELLING UNITS PER ACRE).- There CRE):There is no density limitation. V. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also prov des the Planning and Environmental Town of Vail Page 3 Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. VI. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Town Code, Vail Land Use Plan, and Lionshead Redevelopment Master Plan are relevant to the review of this proposal: Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2: Purpose.- A. urpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes.- 1. urposes: 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. Town of Vail Page 4 CHAPTER 12-2-2: DEFINITIONS OF WORDS AND TERMS (in part) A CCOMMODA TION UNIT. Any room or group of rooms without "kitchen facilities", as defined herein, which are designed for temporary occupancy by visitors, guests, individuals, or families on a short term rental basis, and accessible from common corridors, walks, or balconies without passing through another accommodation unit, limited service lodge unit, fractional fee club unit or dwelling unit. An accommodation unit is not intended for permanent residency and shall not be subdivided into an individual condominium unit, pursuant to title 13, "Subdivision Regulations", of this code. ACCOMMODATION UNIT, ATTACHED: A room, without kitchen facilities, connected to a dwelling unit within a multiple -family building designed for or adapted to occupancy by guests which is accessible from a common corridor, walk, or balcony without passing through another accommodation unit, attached accommodation unit, or dwelling unit. DENSITY CONTROL: Any requirement of this title that regulates the number or size of dwelling units per unit of land. DEVELOPMENT LOT. A delineation of property that may include one or more structures and/or lot(s) that collectively share dimensional and/or design standards or guidelines. Examples include, but are not limited to, a duplex property containing two (2) dwelling units, a condominium complex of one or more buildings or a multi -unit townhome style development that share dimensional (GRFA, site coverage, etc.) and/or design (unified architectural and landscape design) standards or guidelines. DWELLING UNIT. Any room or group of rooms in a two-family or multiple -family building with kitchen facilities designed for or used by one family as an independent housekeeping unit. EMPLOYEE HOUSING UNIT (EHU): A dwelling unit which shall not be leased or rented for any period less than thirty (30) consecutive days, and shall be occupied by at least one person who is an employee. For the purposes of this definition "employee" shall mean a person who works an average of thirty (30) hours per week or more on a year round basis in Eagle County, Colorado. FRACTIONAL FEE: A tenancy in common interest in improved real property, including condominiums, created or held by persons, partnerships, corporations, or joint ventures or similar entities, wherein the tenants in common have formerly arranged by oral or written agreement or understanding, either recorded or unrecorded, allowing for the use and occupancy of the property by one or more cotenants to the exclusion of one or more cotenants during any period, whether annually reoccurring or not which is binding upon any assignee or future owner of a fractional fee interest or if such agreement continues to be in any way binding or effective upon any cotenant for the sale of any interest in the property. Town of Vail Page 5 FRACTIONAL FEE CLUB: A fractional fee project in which each dwelling unit, pursuant to recorded project documentation as approved by the town of Vail, has no fewer than six (6) and no more than twelve (12) owners per unit and whose use is established by a reservation system and is managed on site with a front desk operating twenty four (24) hours a day, seven (7) days a week providing reservation and registration capabilities. The project shall include, or be proximate to transportation, retail shops, eating and drinking establishments, and recreation facilities. FRACTIONAL FEE CLUB UNIT: An individual dwelling unit in a fractional fee club described as such in the project documentation and not an accommodation unit within the fractional fee club. No offer of a fractional fee club unit shall be made except pursuant to an application for registration and certification as a subdivision developer of a timeshare program or an exemption from registration approved by the state of Colorado real estate commission pursuant to Colorado Revised Statutes 12-61-401 et seq., and the rules and regulations promulgated pursuant thereto. Within ten (10) days after receipt of a written request, the developer of a fractional fee club unit shall provide to the staff of the department of community development a copy of the application or request for exemption filed with the state of Colorado real estate commission and/or evidence of approval of the application or request for exemption. FULL TIME EMPLOYEE: A person who works an average of thirty (30) hours per week or more on a year round basis in Eagle County, Colorado. 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. Article H: Lionshead Mixed Use 1 (LMU-1) District 12-7H-1: PURPOSE.- The URPOSE: 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. Town of Vail Page 6 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. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-2: PERMITTED AND CONDITIONAL USES, BASEMENT OR GARDEN LEVEL.- A. EVEL: A. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure.- Banks tructure: Banks and financial institutions. Child daycare centers. Commercial ski storage/ski club. Eating and drinking establishments. Employee housing units, as further regulated by chapter 13 of this title. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. B. Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title.- Accommodation itle: Accommodation units. Town of Vail Page 7 Attached accommodation units. Conference facilities and meeting rooms. Liquor stores. Lodges. Major arcades. Multiple -family residential dwelling units, timeshare units, fractional fee clubs, and lodge dwelling units. Radio, TV stores, and repair shops. Religious institutions. Theaters. 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. (Ord. 2(2016) § 12: Ord. 8(2014) § 3: Ord. 1(2008) § 16: Ord. 39(2007) § 3) 12-7H-3: PERMITTED AND CONDITIONAL USES, FIRST FLOOR OR STREET LEVEL.- A. EVEL: A. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure.- Banks, tructure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Employee housing units, as further regulated by chapter 13 of this title. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Town of Vail Page 8 Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. B. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Accommodation units. Attached accommodation units. Beauty and barber shops. Conference facilities and meeting rooms. Electronics sales and repair shops. Financial institutions, other than banks. Liquor stores. Lodges. Major arcades. Multiple -family residential dwelling units, timeshare units, fractional fee clubs, and lodge dwelling units. Religious institutions. Temporary business offices. Theaters. 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. (Ord. 2(2016) § 13: Ord. 6(2012) § 2) 12-7H-4: PERMITTED AND CONDITIONAL USES, SECOND FLOOR AND ABOVE: A. Permitted Uses: The following uses shall be permitted on those floors above the first floor within a structure: Accommodation units. Attached accommodation units. Town of Vail Page 9 Employee housing units, as further regulated by chapter 13 of this title. Lodges. Multiple -family residential dwelling units, lodge dwelling units. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. B. Conditional Uses: The following uses shall be permitted on second floors and higher above grade, subject to the 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. Recreation facilities. Religious institutions. Retail establishments. Skier ticketing, ski school and skier services. Theaters. Timeshare units. 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. (Ord. Town of Vail Page 10 2(2016) § 14: Ord. 1(2008) § 16: Ord. 29(2005) § 24: Ord. 24(2005) § 3: Ord. 18(2005) § 2: Ord. 6(2000) § 2: Ord. 3(1999) § 1) 12-7H-5: CONDITIONAL USES, GENERALLY (ON ALL LEVELS OF A BUILDING OR OUTSIDE OFA BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Brewpubs. Coin operated laundries. Commercial storage. Communications antennas and appurtenant equipment. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public park and recreation facilities. Public utility and public service uses. Seasonal uses or structures utilized for more than fourteen (14) days. Single-family residential dwellings. Ski lifts and tows. Television stations. Two-family residential dwellings. Additional uses determined to be similar to conditional uses described in this section, in accordance with the provisions of section 12-3-4 of this title. (Ord. 12(2008) § 17) 12-7H-6: ACCESSORY USES: The following accessory uses shall be permitted in the Lionshead mixed use 1 Town of Vail Page 11 district.- Home istrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses. Minor arcades. Offices, lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple -family uses. Outdoor dining decks and patios. Swimming pools, tennis courts, patios or other recreation facilities customarily incidental to permitted residential or lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building or the alteration of an existing building that is not a major exterior alteration as described in subsection 8 of this section shall be reviewed by the design review board in accordance with chapter 11 of this title. 1. Submittal Items Required: The submittal items required for a project that is not a major exterior alteration shall be provided in accordance with section 12-11-4 of this title. B. Major Exterior Alteration: The construction of a new building or the alteration of an existing building which adds additional dwelling units, accommodation units, fractional fee club units, timeshare units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the administrator) shall be reviewed by the planning and environmental commission as a major exterior alteration in accordance with this chapter and section 12-3-6 of this title. Any project which requires a conditional use permit shall also obtain approval of the planning and environmental commission in accordance with chapter 16 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the department of community development for planning and environmental commission and design review board review. Town of Vail Page 12 1. Submittal Items Required, Major Exterior Alteration: The following submittal items are required.- a. equired: a. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. b. Application, Contents: The administrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail comprehensive plan. The administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. C. Work Sessions/Conceptual Review: If requested by either the applicant or the administrator, submittals may proceed to a work session with the planning and environmental commission, a conceptual review with the design review board, or a work session with the town council. D. Hearing: The public hearing before the planning and environmental commission shall be held in accordance with section 12-3-6 of this title. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmental commission may be appealed to the town council in accordance with section 12-3-3 of this title. E. Lapse Of Approval: Approval of an exterior alteration as prescribed by this article shall lapse and become void two (2) years following the date of approval by the design review board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed. (Ord. 29(2005) § 24: Ord. 5(2003) § 11: Ord. 8(2001) § 2.- Ord. :Ord. 3(1999) § 1) 12-7H-8: COMPLIANCE BURDEN.- It URDEN: 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 Town of Vail Page 13 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. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-9: LOT AREA AND SITE DIMENSIONS.- The IMENSIONS: The minimum lot or site area shall be ten thousand (10, 000) square feet of buildable area. (Ord. 3(1999) § 1) 12-7H-10: SETBACKS.- The ETBACKS: The minimum building setbacks shall be ten feet (10) unless otherwise specified in the Lionshead redevelopment master plan as a build to line. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-11: HEIGHT AND BULK: Buildings shall have a maximum average building height of seventy one feet (71) with a maximum height of 82.5 feet, as further defined by the Lionshead redevelopment master plan. All development shall comply with the design guidelines and standards found in the Lionshead redevelopment master plan. Flexibility with the standard, as incorporated in the Lionshead redevelopment master plan, shall be afforded to redevelopment projects which meet the intent of design guidelines, as reviewed and approved by the design review board. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 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. (Ord. 18(2005) § 2: Ord. 31(2001) § 5: Ord. 3(1999) § 1) 12-7H-13: GROSS RESIDENTIAL FLOOR AREA (GRFA): Up to two hundred fifty (250) square feet of gross residential floor area shall be allowed for each one hundred (100) square feet of buildable site area, or an increase of thirty three percent (33%) over the existing GRFA found on the property, whichever is greater. Multiple -family dwelling units in this zone district shall not be entitled to additional gross residential floor area under section 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance) ", of this title. (Ord. 3(1999) § 1) Town of Vail Page 14 12-7H-14: SITE COVERAGE.- Site OVERAGE: Site coverage shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Lionshead redevelopment master plan. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-15: LANDSCAPING AND SITE DEVELOPMENT: At least twenty percent (20%) of the total site area shall be landscaped, unless otherwise specified in the Lionshead redevelopment master plan. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-16: PARKING AND LOADING.- Off OADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least one-half (1/2) of the required parking shall be located within the main building or buildings. (Ord. 3(1999) § 1) 12-7H-17: LOCATION OF BUSINESS ACTIVITY. A. Limitations, Exception: All offices, businesses and services permitted by zone district shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, the outdoor display of goods, or outdoor restaurant seating. B. Outdoor Displays: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. (Ord. 3(1999) § 1) 12-7H-18: MITIGATION OF DEVELOPMENT IMPACTS.- Property MPACTS: 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: employee housing per the town's current employee housing policy, 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. (Ord. 14(2006) § 3: Ord. 29(2005) § 24: Ord. 3(1999) § 1) Town of Vail Page 15 Vail Land Use Plan 1. General Growth / Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 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). 2. Village Core/ Lionshead 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through the implementation of the Urban Design Guide Plan and the Vail Village Master Plan. 5. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. Lionshead Redevelopment Master Plan 2.1 Purpose of the Master Plan This master plan was initiated by the Town of Vail to encourage redevelopment and new development initiatives within the Lionshead study area. Both public and private interests have recognized that Lionshead today lacks the economic vitality of Vail Village, its neighboring commercial district, 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, the apparent deterioration of existing buildings, an uninteresting and disconnected pedestrian environment, mediocre architectural character, and the absence of incentives for redevelopment. Redevelopment is critical for Vail and Lionshead if the community is to remain a competitive four -season resort. Other resorts are spending millions of dollars to upgrade their facilities in order to attract more visitors year-round. Growth in the number of skiers annually has slowed to one to two percent, intensifying competition for market share. Skiers are spending less time skiing and more time shopping, dining out, and enjoying other off -mountain activities. As a result, the demand for quality retail shopping and a Town of Vail Page 16 greater diversity of experiences has dramatically increased. All of these are sorely in need of improvement in Lionshead. Vail, and specifically Lionshead, will fall behind if the community fails to upgrade the quality of its facilities and correct the existing flaws in its primary commercial nodes. This master plan, developed over a period of two years and with extensive involvement by the community, 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 recommendations, incentives, and requirements for redevelopment and new development of public and private properties. It also recommends specific public improvement projects that are strategically important to the future success of Lionshead. The master plan is intended to provide direction over the next 15 to 20 years. 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 9.5.2 Rezoning Zoning districts and land use regulations relevant to the Lionshead study area should be updated and modified to reflect the recommendations contained in the master plan and facilitate their implementation. The rezoning process should include the creation of relevant impact fees that would require development to contribute toward the funding of required public improvements associated with the development. VII. CRITERIA FOR REVIEW The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Staff finds that the applicant's proposed text amendment furthers the general and specific purposes of the zoning regulations by promoting the redevelopment of residential property, and in some cases the associated commercial spaces, within the Lionshead base area. The purpose of the Lionshead Redevelopment Plan is to promote redevelopment, and one way to accomplish this goal is to provide incentives and flexibility for private sector investments. The proposed changes will provide additional motivation and options for redevelopment above those already existing. The removal of the density cap should have no visual impact on Lionshead, since the existing regulations for GRFA, building height, setbacks, site coverage, parking and design requirements will remain. Town of Vail Page 17 Staff finds that this criterion has been met. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Staff finds that the proposed prescribed regulations amendments will better implement or achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan. The existing zoning regulations for the Lionshead Mixed Use -1 zone district, including the incentives for higher density development, have resulted in the redevelopment of some properties. However, several other properties have not been redeveloped. The propose density changes could create enough incentive and flexibility to spur some owners and associations to take on a redevelopment project. While not all older properties will take advantage of this proposed change to the allowed density, the proposed text amendment increases the likelihood for redevelopment. Those properties that do redevelop will contribute to advancing the goals for renewal in this important core area of the community while still meeting the existing dimensional requirements such as GRFA, building height, setbacks, site coverage, landscaping and parking. Staff finds that this criterion has been met. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Conditions have changed since the adoption of the Lionshead Mixed Use -1 zone district, which is shown by the number of properties that remain in a deteriorated condition. When the existing Lionshead Mixed Use -1 zone district was adopted, there was an expectation that unlimited density for timeshares, accommodation units and fractional fee units would help to encourage redevelopment. For some of these uses, the market demand has waned. For example, timeshare and fractional fee units are not nearly as popular today as they once were, and many units that were built now sit empty and unsold. The existing regulation is no longer appropriate or is inapplicable if it is not achieving the desire policy result. Removal of the density cap is one more step that can be taken to provide flexibility and options to encourage owners to upgrade their properties. The existing regulation is not fully achieving its desired outcome. Staff finds that this criterion has been met. Town of Vail Page 18 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Staff believes this text amendment will ensure a harmonious, convenient, workable relationship among land use regulations consistent with the Town's development objectives. Specifically, the proposed text amendment will only change the allowed number of dwelling units. No changes are proposed to the GRFA, building height, setbacks, parking, site coverage or design requirements. As a result, the exterior of a new building reviewed under the proposed regulations will need to meet the same regulations that currently apply. Under existing regulations, a building can be constructed that looks identical to the building that would be allowed with the proposed text amendment. Staff finds that this criterion has been met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. In addition to the considerations mentioned above, the PEC should consider the impact of the proposed text amendment on the capacity of the Town's infrastructure, including roads, water and sewer. The proposed text amendment will allow for an increase in the total number of dwelling units within the Lionshead Mixed Use 1 zone district, which should also lead to an increase in the number of people living and staying in Lionshead. As a result, more traffic, water use, and wastewater generation is anticipated. As shown on the attached memo from the Eagle River Water and Sanitation District (ERWSD), the proposal to eliminate the density maximum could have future impacts on the capacity of the local sewer treatment plants. If the growth is greater than planned by ERWSD, then "wastewater flows could eventually exceed the treatment capacity of the Vail Wastewater Treatment Facility." The Vail Wastewater Treatment Facility is already at capacity during the peak period from Christmas through New Years week, when wastewater flows are diverted to the Avon Wastewater Treatment Facility. (Please see the attached memo from the Eagle River Water and Sanitation Districts (Attachment D). Increases in density could also have an impact on local traffic. As shown in the Town Engineer's memo (Attachment E), the Vail Transportation Master Plan assumes 110 net new dwelling units within the Lionshead Mixed Use -1 zone district. If future development exceeds this number, and if a major redevelopment of the Lionshead Parking Structure moves forward, then the Vail Transportation Master Plan will need to be updated and additional carrying capacity of the transportation system may be required. Town of Vail Page 19 As proposed, there would be no limit on the number of dwelling units allowed. In reality, there will not be an unlimited number of units built. For a project that reaches its maximum GRFA, the size of the units must get smaller as the number of units increases. At some point, however, smaller units will not make economic sense to construct if they become too small to be comfortable. Also, staff does not see a fair comparison between unlimited dwelling units and unlimited EHUs, accommodation units, timeshares, or fractional fee club units. There is not a strong market demand for EHUs, AUs, timeshares, or fractional fee club units; there is, however, significant demand for dwelling units. As a result, staff believes that the applicant's proposal will lead to more redevelopment and additional impacts on local infrastructure. Since the policy of the Lionshead Redevelopment Master Plan is to encourage redevelopment, staff considers this proposal in line with the policy objective of the plan. One benefit of the proposed text amendment may be that smaller units are more likely to be short-term rented than larger units. These "hot beds" are encouraged in the Lionshead Redevelopment Master Plan since they are assumed to contribute more effectively to the local economy by supporting local retail and restaurants. VIII. ENVIRONMENTAL IMPACTS The Community Development has not identified any significant environmental impacts with the proposed text amendment. More density may lead to additional traffic coming into the area, but higher density in already developed areas is usually associated with better walkability, and greater use of public transit. If this density helps to reduce development farther from the core of town, and reduces sprawl, then there may be a minor positive impact on the environment. Demolition and new construction, as well as the environmental costs of the resulting debris, plus the energy required to construct new buildings, will likely have some impacts on the environment. IX. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval for the prescribed regulation amendment to the Vail Town Council. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12- 7H-12, Density, Vail Town Code, to remove the dwelling units per acre maximum Town of Vail Page 20 while maintaining the existing dimensional standards including GRFA and building height in the Lionshead Mixed Use -1 zone district. (PEC18-0041) Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulation amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section V this memorandum, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code, -and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " IX. ATTACHMENTS A. Vicinity Map B. Applicant's Narrative C. Lionshead Analysis of Redevelopment by MPG D. Letter from Eagle River Water and Sanitation District E. Letter from Tom Kassmel, Town Engineer F. Previous Zoning Map — Lionshead Area G. Lionshead Redevelopment Master Plan (link) H. Vail Transportation Master Plan (link) Town of Vail Page 21 7 1 U ATTACHMENT B - APPLICANT NARRATIVE .: Zoning Text Amendment 7U,. 714 71, Modifying the Density Requirements of the Lionshead Mixed Use 1 Zone District u 1 a Mauriello Planning Group Submitted: November 2018 Introduction Mauriello Planning Group is representing the Treetops Condominium Association which is requesting a text amendment to the Zoning Regulations to amend Section 12-7H-12: Density (Dwelling Units Per Acre). Specifically, the amendment would amend the allowable density in the Lionshead Mixed Use 1 (LMU-1) Zone District. This section currently allows for 35 dwelling units per acre or a 33% increase over the existing number of dwelling units. The applicant is requesting that density be unlimited. No other changes are proposed, so all other development standards, including building height, GRFA, site coverage, parking, etc., remain the same. As a result, the amendment has no impact upon the bulk and mass of a structure. Background Prior to 1999, the Lionshead Area was zoned a mixture of Commercial Core 2, High Density Multiple Family, and Special Development Districts, as shown on the following Zoning Map from 1995. I MIT �... i�I INTERSTATE 70 ODNDOS w 9 I'. A i • ■ �"i' • • • • •ate A A I. 1 _a...• ..! �1 III TOWN OF V/IL ZDNI1EG END LI Losmlcr illlillljlll � N LL F-2xlsx ocxeTr NUI.T' iErawurolcc y[ (iT^.�To- Ranl use DlsTlILT cornMexcl<I. coR: c�l,FRy.E cRntc,�* Elltf o sE I�,RI-r R -r�axa s,N 0131, �T M Tu L AREq PRIM © xe _ -Rlcr DI TNICT ©MiElN0l�9U INE 5i ELRA 8 55 DI$?HILT ® SK EPEE YECREniION oISTFIfT xSICEF 1.NrIpL015TR T [S LL OUTDOOR RECREATION DisR T Town visionaries recognized that the redevelopment of Lionshead was critical for Vail to remain a competitive four -season resort, and in the mid-1990s, the Town undertook a master planning process to complete the Lionshead Redevelopment Master Plan (LRMP), which was to guide development over the next 15 to 20 years. The LRMP was adopted in December of 1998 by Resolution No. 13, Series of 1998, and subsequently two new zone districts were created by Ordinance No. 3, Series of 1999: Lionshead Mixed Use 1 (LMU-1) and Lionshead Mixed Use 2 (LMU-2). These zone districts were intended to create more cohesive standards for development across Lionshead and to implement the vision of the LRMP. The Town then passed Ordinance No. 4, Series of 1999 which rezoned most of the Lionshead core to LMU-1, as indicated on the following current zoning map: Hillside Residential (H) 5ingle-Family Rid -1 ISM) T—Family residential (R) Two -Family PrimaW/S dart' Rwidendal(PS) Rusiderr 1Ouster(RC) tow De -Y Multiple.Fam ily(kDMr) Medium Demity M A, ple-Family MDMF) High Density Mukple-Family(HDMF) Vail Village T..houae (Wr) Housing (Hf Publlc Accommodation IPA) Public Accommodatiarv2(PA-2) Commercial Core 1 (CC 1) CommercCore 2 1 CC27 CC. _mi ialel Con 3ICC37 Lionshead Mired Use 1 (WU-1) Llanshaad Mi -d Use 2 (WU-2) Commerdel5arvice Center(CSQ Arterial Business (ABD) Heavy Services (H51 OuMd Recreation (OR) Agricultural end Open Space(A) Natural Area Preservation (NAP) Ski Base/Racreation (SBR) Ski Base/Racreation 2 111R,27 N&r g(P) Ganem) Usa(GU) Not Designated The area known as West Lionshead, consisting of the VR Maintenance Yard and former BP Gas Station site, was zoned LMU-2, which is not subject to this proposed text amendment. The LRMP recognized that to incentivize potential was necessary, and in that spirit, reads as follows: 12-7H-1: PURPOSE: redevelopment, additional development the purpose statement of the LMU-1 zone 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 K 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. As the purpose of LMU-1 suggests, development standards were adopted with the intent of providing incentives for properties to redevelop. The standards of the LMU-1 zone district are provided below: Lot Area and Site Dimensions: 10,000 sq. ft. of buildable area Setbacks: 10 ft. unless otherwise specified by the LRMP Height and Bulk: Maximum average of 71 ft. with maximum height of 82.5 ft. Density (Dwelling Units Per Acre): Up to a 33% increase over the existing number of dwelling units on a property or 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 25% of a dwelling unit for the purpose of calculating density. Gross Residential Floor Area: Up to 250 sq. ft. of gross residential floor area shall be allowed for each 100 sq. ft. of buildable site area, or an increase of 33% over the existing GRFA found on the property, whichever is greater. Site Coverage: 70% unless otherwise specified by the LRMP Landscaping and Site 20% unless otherwise specified by the LRMP Development: Parking and Loading: In accordance with Chapter 10 As mentioned previously, the applicant is proposing to amend only the "Density (Dwelling Units Per Acre)" for the entire Lionshead Village area. The LRMP and LMU-1 zoning was successful in spurring the redevelopment of many projects in Lionshead. Projects, such as the Antlers, redevelopment of the core site into the Arrabelle, along with the 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 Enzian have done major exterior upgrades without adding new units. The following table indicates all existing levels of development within the LMU-1 zone district and the density associated with each property. This information was gathered from the Eagle County Assessor's office 3 and Town records. Density has been calculated per Section 12-74-12: Density of the Vail Town Code: Existing Density in Lionshead Name of Dwelling Lodge EHUs Hotel Fractional Lot Size Development Units Dwelling Timeshare Units Antlers 96 Arrabelle 67 Concert Hall Plaza 0 Enzian 12 Elevation 9 (proposed) Evergreen Lodge 19 First Chair 0 Landmark 73 Lift House 1 Lion Square Lodge 36 North Lion Square Lodge 66 South and East Lions Pride Building 0 Lionshead Arcade 14 Lionshead Centre 25 Lodge at 48 Lionshead I, II, III Mark Lodge 13 Montaneros 40 The Lion 53 Tree Tops 29 Vail 21 21 Vail International 56 Vail Spa 55 Vantage Point 47 West Day Lot Subdivision (Marriott, Ritz, 122 Gore Creek Residences)* Westwind 35 TOTAL 937 0 9 0 0 1.21 0 0 36 0 2.93 0 0 0 0 0.26 0 0 0 0 0.30 Density (DUs / Acre) 79.34 22.87 0.00 40.00 0 3 0 0 0.31 28.66 0 0 128 0 2.45 7.76 0 32 0 0 0.75 0.00 3 2 0 0 1.51 48.84 45 0 0 0 0.44 27.84 0 0 0 0 0.94 38.30 2 0 31 I 0 1.81 36.74 0 0 0 0 0.83 0.00 00 0 0 0.32 43.75 0 0 0 0 0.90 27.78 6 0 0 0 2.69 18.40 0 0 42 0 0.89 14.61 0 0 0 0 1.01 39.60 4 1 0 10 1.57 34.39 0 0 0 0 0.90 32.22 0 0 0 0 0.36 58.33 0 0 0 01.83 30.60 0 0 0 0 3.21 17.13 9 0 0 9 1.53 32.19 0 0 276 45 6.82 17.89 00 0 OE 0.87 40.23 69[E47 513 64 4 West Day Lot Subdivision includes the Ritz Carlton Residences, Gore Creek TH, and western portion of the Marriott Hotel. It is considered one development site for zoning purposes. The LMU-1 zone district does not count EHUs, hotel rooms or accommodation units, or timeshare units towards density. The thought in 1998 was that this policy would encourage the construction of these unit types as they were considered to be similar to hotel or warm beds, meaning they would have higher occupancy than dwelling units. As indicated in the table, few projects have built timeshare or fractional units, especially recently. The Ritz Carlton Residences, which is part of the West Day Lot Subdivision, 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 LRMP, the economics of redevelopment have changed. The trend in the late 1990s of timeshare and fractional ownership has largely disappeared. Timeshare units have similar if not greater impacts than The Lion, at 701 W. Lionshead Circle, was approved in 2007 but dwelling units. Timeshare units construction was not completed until 2017. It included the construction of are similar to dwelling units in 10 fractional units, which have been challenged by a declining fractional a short-term rental program, market following the recession. from a use standpoint. Often the design and/or layout of a timeshare unit is the same as a dwelling unit. The difficulties of the timeshare market mean that they are not a favored development option, and dwelling units would simply replace timeshare, meaning the effects on the community would be minimal. As a result, impacts to infrastructure, roads, water, sewer, etc. remain unchanged by having dwelling units constructed instead of timeshare units. Impacts to the economy are improved because there is a market for dwelling units and because they are simple to short term rent. As another method of encouraging the construction of warm beds, the LRMP outlined the idea of lodge units as follows: New Unit Definition The master plan recommends that the zoning regulations be modified to include "lodge unit" as an additional definition of a residential unit. This product is defined as a small condominium dwelling unit with limited kitchen and floor area. (The floor area usually averages less than 650 sq. ft.) Units of this small size are most likely to be in short-term rental pools, with occupancy rates similar to 5 those for hotel rooms. Because an increase in the short-term bed base in Lionshead is a key objective, the planning team recommends that lodge units count as one-quarter of a normal dwelling unit (i.e. 4 lodge units count as one dwelling unit). Further, it recommends that units of this size in existing properties be treated as lodge units for the purpose of calculating density. The LMU-1 zone district included the creation of a new unit type, "lodge dwelling units" (LDU). These units are defined as: 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. At the time, it was thought that LDUs, as smaller dwelling units, would be more likely to be placed in a short-term rental pool. To encourage the development of them, they only count as 25% of a dwelling unit, for the purpose of calculating density. Unfortunately, the market did not support the development of LDUs, and only The Lion constructed new LDUs under LMU-1. A few projects were originally constructed with small unit types that fall into this category, most notably Lift House and Vantage Point. In the past 20 years, only 4 new lodge dwelling units have been constructed which is not a great success for the LDU concept recommended by the LRMP. Since the 1990s, the market has seen a dramatic increase in the short-term rental of dwelling units, due to three primary factors: • Use of the internet and smart phones • Increase in the use of on-line short-term rental sites, such as AirBnB and VRBO • Rental management companies This has allowed many owners of units that may not have on-site rental management and services to short-term rent their properties. In summary, while neither timeshare units nor LDUs were popular development methods, the short-term rental of dwelling units throughout the town has been extremely successful in the creation of warm beds. The Town's goal of increasing Heartof L'onshead Plat num Raled-IBBVards lathe �.. Goidela&Born Feeblts � � � ♦SsaS..y.aMz� ­sssw.rr +++++m. G cs pm ♦ � ' �•� �� 5MINWA KTOLIONSHF DGONDOLH;Uo f _ Sunmiire;2Pools;Free B�ttleafWirre � � � �'� fEBa�..y.eM +r++i aai ca`e0' v tubmSk^in/skie tw/�mai6[i�iews�ofVailsbee.eaol/hot ,°dre1 �_ m,ski valet 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. P the bed base through the provision of hotel rooms as part of new development projects has also been challenging. Many of the developments in Lionshead are not necessarily structured to be able to manage a hotel operation. As a result, new hotel rooms in Lionshead have only been constructed by Vail Resorts at the Arrabelle. Most projects have needed and will continue to need new dwelling units to fund redevelopment projects. This was a fact identified in the LRMP in the 1990s, and was based on economic modeling that was adopted as part of the appendices of the LRMP. The modeling at the time identified a need for a 33% increase over existing density to be able to fund redevelopment of existing buildings. The LRMP stated: Density (Dwelling Units Per Acre): .;, 1 "rApr- The allowable density of development in the study area should be increased to provide ample incentive and create the financial mechanism for Redevelopment of the core site into the redevelopment o f properties. Arrabelle at Vail Square, included 67 dwelling units and 36 hotel rooms. Additional consideration must be given to existing properties that currently exceed the density limitations. A model developed during the master planning process showed that an increase of at least 33% over existing zoning or existing dwelling units on a given site would be needed to make redevelopment an attractive option. In order to encourage the development of live beds or warm beds in Lionshead, the master plan recommends that accommodation units, hotel rooms and fractional ownership units not be counted in the calculation of density. Further, because it is a community goal to increase the number of permanent residents in Lionshead, employee housing units that are deed restricted for local employees should not count toward density. While this increase in density spurred new development in Lionshead, it could be argued that the substantial increase in GRFA also played a role. CC2, which was the zone district that most of Lionshead was previously zoned, only allows for 80 sq. ft. of GRFA for each 100 sq. ft. of buildable area. LMU-1 allows for 250 sq. ft. of GRFA for each 100 sq. ft. of buildable area. This is almost over a 200% increase in allowable GRFA in Lionshead. This is a result of the recommendation of the LRMP with regard to GRFA: Gross Residential Floor Area (GRFA) 7 An important component of the Lionshead Master Plan process was the analysis of GRFA's effectiveness as a tool for insuring the quality of architecture and the built environment within Lionshead. In short, the masterplan team found that GRFA was not effective as a primary means of providing for architectural quality. Based on this finding it is the conclusion of the master plan team that GRFA should not be the primary means of regulating building size. To accomplish this, one of two options must be pursued. First, GRFA could be eliminated. Secondly, the GRFA ratio could be increased so that it functions as a safety valve to insure that buildings do not exceed the maximum residential floorplate area that would otherwise be allowed according to the criteria of the architectural design guidelines. If this second course of action is pursued, the following recommendations are made: a. The ratio of Gross Residential Floor Area (GRFA) to lot area should be increased on all properties within Lionshead, excluding the residential properties south of Gore Creek, so that the site and architectural design guidelines, not GRFA, are the primary building size and mass constraint. b. The method of calculating GRFA should be greatly simplified and changed to include common space so that basic floor plate area calculations will suffice. The substantial increase in GRFA, but minimal increase in density had one major possible consequence: encouraging the construction of larger dwelling units. In order to maximize profits, developers are actually encouraged to build larger dwelling units using available GRFA within a small pool of dwelling units. Modifying the density requirements could encourage the construction of more, smaller units. These are more likely to be included in a short-term rental program. Effects of Increase Density in LMU-1 The additional dwelling units have the potential to increase traffic within the Town of Vail. However, the real impact is negligible as the number of timeshare units allowed is currently unlimited and the traffic impacts of a timeshare unit and a dwelling unit are the same. The Frontage Roads and roundabouts have been designed to absorb this additional traffic. The proposed increase in density from 35 dwelling units per acre to an unlimited number of dwelling units will improve the ability to redevelop properties in Lionshead. However, it is also prudent to review what will not be affected by the proposed amendment: Building Height. The LMU-1 zone district prescribes the height limitation of buildings in Lionshead. The height limit is a maximum average of 71 ft. with maximum height of 82.5 ft. Furthermore, the LRMP has the most prescriptive Design Guidelines of all of the Town's planning documents. For example, the LRMP provides the following for buildings in Lionshead: Primary Retail Pedestrian Frontages On any property edge fronting a retail pedestrian street or mall (see site design guidelines for definition and locations), at least 50% of a building face shall have a maximum 16' initial eave height, at which point that face must step back a minimum of 12'. The remaining percentage of building face may have a maximum 36' initial eave height, at which point the Fig 8-14. , It maill pedestrian srtrets, the intent is ro form segmented street- frunts. nstnk 16 and building face shall stepIts' n ° ; 36 +,�r�.r1t»„me����e back a minimum of 12'. fiviehtsand r? step �. hurkv. Eave height is defined as the distance from finished grade to the initial primary --. eave of the structure. Gable faces of buildings are also measured to their eaves, excluding the actual wall area which comprises the gable. The intent of this retail/pedestrian street requirement is to present a dynamic, fragmented streetfront to outdoor spaces, rather than uniform blocks of building mass (see Section 8.4.2.2). Remaining Building Frontage Building faces that do not meet the special site criteria of the sections above may have a maximum initial eave height of 60', at which point those faces must step back a minimum of 12'. To the extent possible, all new and redeveloped buildings in Lionshead should avoid "turning their backs” on other buildings or important pedestrian corridors. However, it must be acknowledged that very few buildings have prime frontage on all sides and almost all buildings will have different programmatic requirements and visual characteristics on their different faces. Toward that end, a building's greatest vertical mass and "back of house" functions should occur on the frontage with the least volume of pedestrian traffic. In addition, components of a building with the greatest vertical mass should be oriented north -south to minimize the blockage of southern views and sunlight. It is critical to note that the 60' maximum initial eave height does not allow for an unarticulated, flat building face from grade to 60'. The horizontal and vertical maximum unbroken building face requirements, all other guidelines A contained in this chapter and the Master Plan, and DRB review and approval, shall still apply. The increase in density will not impact the height, stepbacks, or vertical mass of buildings in Lionshead. These standards remain as prescribed by both the LRMP and the LMU-1 zone district, meaning the all development will have to occur within the three dimensional building envelope, or "box," prescribed by the standards. 2. Site Coverage. This site coverage standard of "70% of site area or as prescribed by the LRMP," is not proposed to be amended. This means that the footprint of buildings within Lionshead will not be affected by an increase in density. This further limits the "box" of development. 3. GRFA. No change is proposed to the current allowance of GRFA at 250 sq. ft. per each 100 sq. ft. of buildable area. In LMU-1, GRFA includes all square footage within dwelling units, fractional units, and hotels. It only exempts EHU square footage from the GRFA calculation. As a result, the square footage that can fill the "box" remains as it is today. 4. Setbacks. Setbacks requirements, which are 10 ft. or as prescribed by the LRMP, are not proposed to be amended. 5. Parking. Lionshead is within the Commercial Core Area for parking requirements. The parking requirements are not proposed to be amended. All new dwelling units will need to be parked per Chapter 12-10 of the Vail Town Code. These requirements are as follows: Dwelling Unit 1.4 spaces Dwelling Unit with one attached accommodation 1.4 spaces unit Dwelling Unit with more than one attached 1.4 spaces plus .7 space per each accommodation unit additional attached accommodation unit Because these development standards will not change with the increase in density, the "box" of buildings also will not change. Developers will need to meet this standards, or need to be granted variances by the Town to change the "box." Treetops Vision for Redevelopment While this amendment affects all properties within the LMU-1 zone district, the applicant who is spearheading this proposal, Treetops Condominium Association, is considering a redevelopment project. This section is provided for information only, is 10 not part of this application, and will require future applications for review by the Town of Vail. The Treetops property currently consists of 28 dwelling units and one on-site manager's unit, which is not deed - restricted. Two units were combined into one at some point in the past. With the current density limitations, Treetops could add 9.57 new dwelling units under the 33% increase allowance. Available GRFA is approximately 60,500 sq. ft. The existing units are approximately 1,200 sq. ft. on average. Treetops is proposing average unit sizes of approximately 1,300 sq. ft., which equates to approximately 45 additional units. This unit type and density will allow for the 7 Mjk� t ,i redevelopment of Treetops in such a y manner as to achieve the desired Treetops Condominiums, located at 452 E. outcomes of the LRM P. A n y Lionshead Circle, was originally constructed in redevelopment of Treetops will also include 1972. commercial floor area, employee housing, and underground parking. Treetops will be developed in compliance with all other development standards of the LMU-1 zoning and the LRMP, including building height and bulk and mass standards. Criteria for Review of Text Amendment The review criteria for a text amendment are provided in Section 12-3-7 and are listed below. The Applicant's analysis of conformance with the criteria follows: A. Factors Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations Applicant Analysis: Chapter 12-1-2: provides the general and specific purposes of the Zoning Regulations: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. 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. The proposed amendment to the LMU-1 zone district to allow for unlimited dwelling units is consistent with the purposes listed above. The amendment encourages density within existing core areas, where density is appropriate and desired. The LRMP Design Guidelines work in tandem with the Zoning Regulations to ensure that structures have appropriate height, setback, and step -backs to ensure that the architectural fabric of the Lionshead pedestrian character is enhanced and preserved. In addition, parking requirements, traffic impacts, and public facilities are addressed in the W development review process. The proposed amendment furthers the general and specific purposes of the Zoning Regulations and is therefore consistent with this criterion. 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 Applicant Analysis: 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: Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. 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. 13 Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. Improved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. Creative Financing for Enhanced Private Profits and Public Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capital may be raised from all possible sources to fund desired private and public improvements. 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 the redevelopment of Lionshead could it become a more vibrant environment for residents and guests, and that the provision of live and warm beds was paramount for redevelopment projects. It is important to note that the policy objectives regarding live beds was amended in 2006 to provide stronger language on the provision of live beds within Lionshead. In Chapter 7 of the LRMP, the Town recognized that density (dwelling units per acre) needed to be increased to encourage redevelopment. In the mid-1990s, the economic model indicated that a 33% increase over existing zoning or existing number of dwelling units was needed to make redevelopment possible. In addition, fractional, timeshare, and hotel units were exempt from the density calculation, as it was thought that this would encourage the development of live beds. A 33% percent may have been appropriate for some properties in the 1990s but that limitation on density no longer holds true in today's economy and given the cost of construction in this region. The LRMP provided the following on density: Density (Dwelling Units Per Acre): The allowable density of development in the study area should be increased to provide ample incentive and create the financial mechanism for redevelopment of properties. Additional consideration must be given to existing properties that currently exceed the density limitations. A model developed during the master planning process showed that an increase of at least 33% over existing zoning or existing dwelling units on a given site would be needed to make redevelopment an attractive option. 14 In order to encourage the development of live beds or warm beds in Lionshead, the master plan recommends that accommodation units, hotel rooms and fractional ownership units not be counted in the calculation of density. Further, because it is a community goal to increase the number of permanent residents in Lionshead, employee housing units that are deed restricted for local employees should not count toward density. The Vail Land Use Plan was adopted in 1986. It provides the following applicable goals and policies: 1. General Growth / Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 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). 4. Village Core / Lionshead 4.1. Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 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. As indicated in these goals of the Vail Land Use Plan, increased density and additional growth is intended to occur within already developed areas, specifically realizing that growth should occur within the existing core areas. The proposed amendment is consistent with and furthers 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 15 Applicant Analysis: The LMU-1 zone district, adopted in 1999, recognized that an increase in development potential was critical to encourage the redevelopment of properties in Lionshead. The density requirements of the zone district were crafted in such a way as to support this idea. Density was increased to 35 dwelling units per acre, or a 33% increase over existing density because many of the existing developments in Lionshead already exceeded 35 dwelling units per acre. Along with this, hotel and timeshare units did not count towards density limitations. At the time, timeshare was considered a viable and profitable development option, but the market for timeshare ownership has greatly diminished. The Town of Vail recently approved a reduction in the number of timeshare units as a result of this change in the market for timeshare at the Four Seasons, which had suffered from sluggish sales of the timeshare product. Many operators and developers have significantly reduced timeshare programs and are no longer involved in the development of new timeshare projects. The 33% increase in density was also based on some economic modeling that was done as part of the LRMP, which used assumptions based on the economy of the 1990s. These models are no longer reflective of the actual costs of development, as construction costs have significantly increased. In addition, the Town's employee housing requirements, both Inclusionary Zoning and Commercial Linkage, have added substantial costs to developers. These additional costs were added in 2008, with no corresponding increase in density allowances to cover the cost of providing employee housing. As a result of the issues outlined above, conditions have substantially changed since the adoption of the current density regulations. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives Applicant Analysis: Because the proposed amendment maintains all other development standards of the LMU-1 zone district, along with all of the design standards of the LRMP, the proposed amendment creates opportunities for redevelopment where the 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 the more likely they will be rented. In addition, the parking requirement for all uses must be met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment UP Applicant Analysis: Any other factors and criteria that the Planning and Environmental Commission deems applicable will be addressed by the Applicant if requested. B. Necessary Findings: The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the zoning regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 17 0- D D /ry /vn v Z Z Z Q /'J LL O J J W ry D 75 m J Q Z LU O 0- z LU 750- 0 J LU LU Nw�/ LL LU 2 U) Z _O J LL O fU) vJ J Q Z Q Z LU G U Q H 1� N 7 P 1� P n M V O M M h V M P 1� h V 11 N M O m �. 450 O d �x W N O Q 1l Q 7 M O p Mp N P p qpp N p Np YI N YI M M n M ywy!� 1yl� N N V V n 1° 1pplpp pcppp N M M w! M M b MYM11I V V N M N p N O N° O Z d -E 0 '_Z LL V y O M h n M O M O Q O M M O M M 1: M h n n N M N M vl o vva$ c £ o LL r o F x LL N N G V O M CI P O V h N YI M) h M M Lq CI G M) G P tG OO M h V V h V tG N V V N M P h O d N N N h O V N N V Q YI b V N N N O V h 2 2 z' d a o 0 o O oE a 0 o o ^'v v r r r r r r v r v r r � x rc v m _ m _ 0 m _ m m _ _ ME m _ v m m x i m 'x m o � o C O o E o o a E m o o 0 0 0 0 0 o o 0 r E E E E E u o o o o0 ° O o t m o o 0- -- m m m o o E 0 - 0 0 o o E E o 0 E o o 0 E o 0 E m o o- 0 0 0 o o N rc U O o o O 0000 0=000 �0000m `"000 om o E. o 'K 'm v E P y o airc 0 R a omoo,00`�moO°oaoo�"r�°c�cUmoo�oo o m o o^� �mrocqri 000-fr000 mrmioodromom'c� �d cq�P a^, 3 LL o v $^„ coo'N°�o���0000.o°oo��00000`o.. ooe U O O oNo�oo -oo �`!o- o-ri- �o o Nl om o o N N N m m o o m m m o ° a a ° o � _ o c 0 `u 0 LLO d o o Io o o o o o o o o o o o o o o o- o o o o o o o o o o o o o o N � o 0 O o o o o o o o o o m � o o Q O M O m v .o v h so� c_ v 3 � 0 U o 0 0 o 0 0 _ o E E z — 0 0 o o °� o �����000�o m o o am °°o o o o U aao 0 0 �:�o2 00 o o 0o o f o o - = o o r o - o o o o 0 0 0 oooE 0 2 2 � o � > 0 0 > > oEz- > � � � � ATTACHMENT D - LETTER FROM ERWSD �� EAGLE RIVER WATER & SANITATION DISTRICT January 22, 2019 Chris Neubecker Town of Vail Community Development Department 75 South Frontage Road Vail, CO 81657 Dear Chris, The Mauriello Planning Group (MPG) submitted a draft zoning text amendment to the Town of Vail in November 2018 for the purpose of modifying the density requirements for the Lionshead Mixed Use 1 Zone District. MPG represents the Treetops Condominium Association which is requesting a text amendment to the zoning regulations to amend Section 12-7H-12: Density (Dwelling Units per Acre). The applicant is requesting that residential density be changed to unlimited; but that all other zoning standards related to building height, GRFA, setbacks, parking, etc. remain unchanged. Therefore, the amendment would not impact the overall size of the structure, but the number of dwelling units within the structure would be unlimited by zoning. The Town of Vail referred the proposed amendment to the Eagle River Water and Sanitation District to understand the potential impacts on water and wastewater service. Upon review, the current portfolio of ERWSD water supplies will adequately serve any reasonable density resulting from this zoning change, therefore, there is currently no concern related to water supply. The District is currently in the process of updating its Water Master Plan, and will evaluate improvements needed to meet future water demands resulting from the zone change during that process, but does not anticipate that immediate water system improvements would be required. However, wastewater service has conveyance and treatment capacity limitations that require additional analysis on potential impacts. ERWSD completed a Wastewater Master Plan Update in 2017 in order to plan for and optimize its system for implementation of new nutrient regulations by the Colorado Department of Public Health and Environment at its wastewater treatment facilities in Vail, Avon and Edwards. The Plan recommended $105m in capital improvements to the District's three wastewater treatment facilities and created an implementation schedule over the next 15 years that was designed to meet the new regulations while managing rate impacts to customers. System -wide, an average annual growth rate of 1.14% was assumed for the Vail Wastewater Treatment Facility service area over a 20 -year planning horizon. One of the key assumptions of the 2017 Wastewater Master Plan Update involved the bypass of peak wastewater flows, historically observed at peak occupancy during the Christmas holiday week, to the Avon Wastewater Treatment Facility through the District's collection system. This peak flow by-pass forestalls costly treatment capacity enlargements at the Vail Wastewater Treatment Facility, which has significant site constraints. The impact of unlimited residential density, while not impacting the building sizes allowed in Lionshead, could increase the number of internal plumbing fixtures, and therefore overall maximum wastewater flow that must be conveyed and treated by the District. In reviewing the analysis spreadsheet provided to Clean Water. Quality Life: " 846 Forest Road Vail, Colorado 81657 Tel (970) 476-7480 Fax (970) 476-4089 erwsd.org Page 2 of 3 ERWSD by MPG on 1/4/19, it is apparent that the key assumption with regards to wastewater production is the assumed average unit size. In the spreadsheet, a value of 1,600 ft2 is used, though it should be noted that the Treetops redevelopment is proposing an average unit size of 1,300 ft2. Under this assumption, the projected number of units increases from 1,630 to 2,132. This is a 31% growth in units. Over a 20 -year planning horizon, this is 1.5% average annual growth. The expected growth based on the MPG spreadsheet analysis for Lionshead is therefore greater than what was used to develop the planned capacity for the Vail Treatment Facility in the 2017 Master Plan update. It is noted that the treatment capacity (after planned upgrades) required for CDPHE permitting is based on several important assumptions: growth over the entire service area, Inflow and Infiltration rates being held steady, and constant unit flow per single family equivalent (SFE). Therefore, if the assumptions in the MPG spreadsheet hold, other areas in the service area would need to average out the Lionshead growth, with some areas being slightly less than the assumed annual rate of growth in SFEs. Based on the information currently provided, ERWSD does not foresee immediate problems with the proposed increased density at the Treetop site. However, the density value assumed in the MPG analysis for the entire Lionshead Mixed Use 1 Zone District is in fact unregulated and subject to market forces and developer preferences that could have more significant impacts if smaller units are built throughout the Zone District, which would result in increased wastewater flows. A sensitivity analysis was performed on the average unit size to better understand the impact that this value has on total units on parcels that are expected to be re -developed over the next 20 years. The impact of altering the assumed unit size with total number of units and average annual growth is shown below in Table 1. The results show density growth only in the parcels identified by MPG as having a "high" or "medium" expectation of being redeveloped. Table 1. Sensitivity of annual growth rate on average new unit size in Lionshead. Average Size of New Units (sq. ft) Number of New Units Total Future Number of Units Average Annual Growth Rate over 20 Year Horizon 800 1,397 3,027 4.3% 1000 1,046 2,676 3.2% 1200 808 2,438 2.5% 1400 635 2,265 1.9% 1600 502 2,132 1.5% If a balanced growth scenario does not happen, and overall growth exceeds that assumed in the Master Plan, or if the change in Lionshead density differs substantially from that assumed in the MPG analysis, wastewater flows could eventually exceed the treatment capacity of the Vail Wastewater Treatment Facility. Under that condition there are several results that may occur that would require a more thorough analysis than the referral response period allows: operations of the Vail treatment facility may differ from that assumed in the Master Plan update which could impact water rights and CDPHE permitting, e.g. by- passes to the Avon treatment facility may occur more frequently (note: the Vail to Avon by-pass also has finite capacity limitations), treatment capacity or conveyance constraints/limitations may accelerate the need for and expand the scope of capital improvements recommended in the 2017 Wastewater Master Plan Update, and the financial planning that resulted from the Master Plan update would need to be adjusted accordingly. This in turn could have bonding impacts that would affect wastewater rates across the entire District, and coupled with other planned improvements at the Avon and Edwards Wastewater Treatment Facilities could compound future rate increases. Clean Water. Gual" Life.'" 846 Forest Road Vail, Colorado 81657 Tel (970) 476-7460 Fax (970) 476-4089 erwsd.org Page 3 of 3 Thank you for the opportunity to provide a referral response to the proposed zoning amendment. If you have any questions or need any further information, please let me know. Sincerely, Jason Cowles, PE Engineer Manager cc: Siri Roman Len Wright Dominic Mauriello Clean Water. Gual" Life.'" 846 Forest Road Vail, Colorado 81657 Tel (970) 476-7460 Fax (970) 476-4089 erwsd.org TOWN OF To: From: Date: Subject Planning Department Public Works Department 1-22-19 (PEC18-0041) LMU-1 Density Memorandum The Town of Vail Public Works Department has reviewed the application to amend Section 12-7H-12, Density, Vail Town Code, to remove the dwelling units per acre maximum while maintaining the existing dimensional standards including GRFA and building height in the Lionshead Mixed Use -1 zone district. We offer the following comments. The application to remove the dwelling units per acre maximum could increase the number of dwelling units built in LMU-1 which could in turn have an impact on both pedestrian and vehicular traffic generated by future developments. That being said, the current LMU-1 zone district has no maximums on unit density for Accommodation Units, Fractional Fee Units, and Employee Housing Units, so it is difficult to make a black and white assumption on how many total traffic generating units may ultimately be proposed in the LMU-1 zone district. In 2009, the Town of Vail adopted the Vail Transportation Master Plan (VTMP) that made traffic projections regarding the LMU-1 zone district and its surrounding area and how development might impact the transportation system. The increased traffic projections were accommodated with the recommended improvements shown in the VTMP. These assumptions included the following additional net new development; • 110 Dwelling Units • 50 Fractional Fee Type Units • 20 Accommodation Units • 50,000 SF Retail This list excludes those developments that have already occurred since that time (i.e Arrabelle, Ritz, Landmark, Lion, etc...) The above future net new development was estimated to generate —170 net new peak hour PM vehicular trips, of which —105 vehicular trips were from unit development. Also in proximity to LMU-1 is the General Use zone district of the Lionshead Parking Structure (LHPS). At the time of the VTMP adoption the LHPS was projected to undergo a major redevelopment including; • 125 Dwelling Units • 240 Hotel Units • 70,000 SF Retail • 20,000 SF Performing Art Center This equated to approximately -260 net new peak hour PM trips with -145 coming from unit development. Both LMU-1 and the LHPS projected development trips are accounted for in the town's transportation master plan along with mitigating recommended improvements. Therefore, as long as future development does not exceed the above projected net new trip generation in the Lionshead area then the transportation network will not be negatively impacted in relation to the currently adopted transportation master plan. To provide a general understanding of potential impacts, a sensitivity analysis should be looked at; • If as a result of this amendment, all aging developments are able to redevelop and maximize the available number of net new dwelling units, 502 (per MPG analysis) then it is likely that the net new additional traffic trips would be projected at -203; 98 more trips than anticipated by the current VTMP. • However, if not all developments are able to maximize the number of net new dwelling units, and only 50% are actually developed (251 units), then the net new traffic trips would be projected at -102; approximately the same number as accounted for in the VTMP. • If only Treetops redevelops and adds 32 net new dwelling units, they would potentially generate 13 new PM peak hour trips of the 105 accounted for in the VTMP for units (12%). • If the LHPS does not redevelop or only develops at a fraction of the original proposal, then it is likely that there would be no significant impact due to the amendment. If there is a significant impact to traffic operations it will most likely occur at the East Lionshead Circle and the West Lionshead Circle intersections. Therefore it may be beneficial to complete a sensitivity analysis on those intersections prior to approving this amendment. Town of Vail Page 2 i 520 W. Lionshead Mall * Vail, CO 81657 * (970) 476-3651 Planning and Environmental Commission Town Council Town of Vail 75 South Frontage Road Vail, CO 81657 Re: Lionshead Zoning Amendment Dear Commissioners and Councilmembers: I am writing on behalf of the Lionshead Centre Board of Directors in support of the amendment of the Lionshead Mixed Use -1 zone district being proposed by the Treetops HOA. The Town did a great job in 1998 when it adopted the Lionshead Redevelopment Master Plan and the zoning that implemented the plan. The regulations put in place 20 years ago to encourage the redevelopment Lionshead were valid back then. Those regulations were based on construction costs and the minimum density necessary to encourage a condominium building to redevelop. The thought was that a 33% increase in density (dwelling units) would generate sufficient revenue and profit to allow redevelopment to occur. It worked for several properties early on. Today the 33% increase model no longer holds true. The desire for hot beds drove most of the thinking in 1998. The Town was experiencing vacancies in condominium units and the thought was to encourage fractional and timeshare units, which were theorized as having better occupancy rates. The fractional or timeshare market has waned in Vail and it's difficult to convince an existing condominium HOA to get into the business of running a fractional or timeshare program and developers are not willing to take the risk to build fractional or timeshare units. Something clearly needs to happen. The good news is that with the progression of the internet and the introduction of platforms like AirBNB, HomeAway, and VRBO condominium occupancy has increased and the short term rental market has replaced the need for fractional and timeshare units. It makes sense that the Town should encourage HOAs to redevelop and put as many dwelling units into a building as reasonably fits given the dimensional and square footage standards given the new real estate realities in 2019. Restricting the number of units almost guarantees that only larger units will be developed. We encourage you to take the next step in the revitalization of Lionshead and allow this amendment to be approved. Thank you for your consideration. Sincerely, #" Oda Jeffrey Babb President, Lionshead Centre Condominium Association (970) 754-4008, jeffb@vailresorts.com City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: January 28, 2019 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 14-10-5, Building Materials and Design, Vail Town Code, and Section 14-10-8, Landscaping, Drainage and Erosion Control, Vail Town Code, relating to wildfire protection and the proposed adoption of the International Wildland Urban Interface Code, and setting forth details in regard thereto. (PEC18-0035) The applicant has requested this item be tabled to the February 25, 2019 regularly scheduled meeting of the Planning and Environmental Commission. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: January 28, 2018 ITEM/TOPIC: A request for review of Major Exterior Alteration, pursuant to Section 12-71-1-7, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of a new multifamily structure with below grade parking, located at 500 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0034) ATTACHMFKITC- File Name Description PEC18-0034 Staff Memo.pdf Staff Memorandum Attachment A. Vicinity Map.pdf Attachment A. Vicinity Map Attachment B. Lazier-Lionsview Project Narrative-final.pdf Attachment B. Lazier-Lionsview Project Narrative Attachment C. Summary of Design Refinements January 22 2019.pdf Attachment C. Summary of Design Refinements, January 22, 2019 Attachment D. Plan Set Part1.pdf Attachment D. Plan Set_Part1 Attachment D. Plan Set Part2.pdf Attachment D. Plan Set_Part2 Attachment D. Plan Set Part3.odf Attachment D. Plan Set_Part3 Attachment D. Plan Set Part4.pdf Attachment D. Plan Set_Part4 Attachment D. Plan Set Part5.pdf Attachment D. Plan Set_Part5 Attachment E. Correspondence from Jenna Skinner with JS Designs Attachment E. Correspondence from Jenna Skinner with JS Designs (Lift (Lift House HOA) January 22 2019.pdf House HOA), January 22, 2019 10114411ST1:111 Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 28, 2019 SUBJECT: A request for the review of a Major Exterior Alteration, pursuant to Section 12- 7H-7, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of a new multifamily structure with below grade parking, located at 500 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0034) and A request for the review a variance from Section 12-7H-10, Setbacks, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a side setback of zero feet (0') where ten feet (10') is required for a new multifamily structure, located at 500 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0036) Applicant: Lazier Lionshead LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence SUMMARY The applicant, Lazier Lionshead LLC, represented by Braun Associates, Inc., requests the review of a Major Exterior Alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of a new multifamily structure with below grade parking, located at 500 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1. In addition, the applicant also requests the review of a variance from Section 12-7H-10, Setbacks, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a side setback of zero feet (0') where ten feet (10') is required for the new multifamily structure. On November 26, 2019 the applicant presented the project before the Planning and Environmental Commission in an introductory meeting. During the meeting a limited number of concerns were expressed by Commissioners and members of the public. The applicant has responded to or addressed these concerns in an attached memorandum, included as Attachment C. included with memorandum are computer images showing the project in context with the surrounding area and a sheet comparing the previous and proposed north elevation. Staff has received a correspondence from Jenna Skinner with JS Designs of Minturn who has been retained by the Lift House Homeowner's Association to review the potential impacts of the Lazier Project. This correspondence has been included as Attachment E. II. DESCRIPTION OF REQUEST Lazier Lionshead LLC, represented by Braun Associates, Inc. is proposing a six -story multi -family residential project consisting of the following components: • Twenty-one (21) residential condominiums ranging in size from 2,265 square feet to 3,810 square feet. • Two (2) on-site Type VII-IZ Employee Housing Units totaling 2,206 square feet with the remaining housing obligation met either through fee -in -lieu or through an offsite unit. • A first floor lobby and common area including library/sitting area, outdoor patio, and an office for building management and short-term rental management. • An underground parking structure containing 154 spaces. • Associated site improvements and landscaping including pedestrian related improvements to the alley. Included with this memorandum is a vicinity map (Attachment A), Project Narrative (Attachment B), a Summary of Design Refinements (Attachment C), Plan Set with renderings (Attachment D), Correspondence from Jenna Skinner with JS Designs (Attachment E), and a link to the electronic version of the Lionshead Redevelopment Master Plan (Attachment F). III. BACKGROUND The subject property was annexed into the Town of Vail (Town) by Ordinance No. 8, Series of 1969, which became effective on August 23, 1969. Vail/Lionshead Filing No. 1 was approved by the Board of Trustees of the Town of Vail on April 27, 1970 and was subsequently recorded with the Eagle County Clerk and Recorder on May 10, 1970. In 1973 a two-level parking structure was built on this property and also built on the property immediately to the east to meet the parking demands of adjacent developments including Vail 21, the Lift House and the Lions Pride building, among others. Over the last 25 years, the property has continued to provide this parking, however the exact arrangements in regard to leases, easements or other legal instruments are largely unknown. The exception to this statement is Vail 21 whose rights and obligations related to the parking structure were resolved through legal action in 2007. The Town of Vail is not a party to any of these private agreements. Due to structural deficiencies, the top deck of the existing parking structure was removed this past summer with the lower level re -graded until redevelopment occurs. Section 12-10-3: Existing Facilities of the Vail Town Code requires that existing parking facilities not be reduced in capacity to less than the number of spaces prescribed by the Code. The project, as proposed, meets this requirement. V. APPLICABLE PLANNING DOCUMENTS Title 12, Zoninq Regulations, Vail Town Code (in part) ARTICLE H — Lionshead Mixed Use 1 (LMU-1) District 12-7H-1: PURPOSE.- The URPOSE: 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 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. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-2: PERMITTED AND CONDITIONAL USES, BASEMENT OR GARDEN LEVEL.- A. EVEL: A. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure.- Banks tructure: Banks and financial institutions. Child daycare centers. Commercial ski storage/ski club. Eating and drinking establishments. Employee housing units, as further regulated by chapter 13 of this title. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7H-3: PERMITTED AND CONDITIONAL USES, FIRST FLOOR OR STREET LEVEL.- A. EVEL: A. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure.- Banks, tructure:Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Employee housing units, as further regulated by chapter 13 of this title. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7H-4: PERMITTED AND CONDITIONAL USES, SECOND FLOOR AND ABOVE: A. Permitted Uses: The following uses shall be permitted on those floors above the first floor within a structure.- Accommodation tructure: Accommodation units. Attached accommodation units. Employee housing units, as further regulated by chapter 13 of this title. Lodges. Multiple -family residential dwelling units, lodge dwelling units. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7H-6: ACCESSORY USES.- The SES: The following accessory uses shall be permitted in the Lionshead mixed use 1 district.- Home istrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses. Minor arcades. Offices, lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple -family uses. Outdoor dining decks and patios. Swimming pools, tennis courts, patios or other recreation facilities customarily incidental to permitted residential or lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building or the alteration of an existing building that is not a major exterior alteration as described in subsection 8 of this section shall be reviewed by the design review board in accordance with chapter 11 of this title. 1. Submittal Items Required: The submittal items required for a project that is not a major exterior alteration shall be provided in accordance with section 12-11-4 of this title. B. Major Exterior Alteration: The construction of a new building or the alteration of an existing building which adds additional dwelling units, accommodation units, fractional fee club units, timeshare units, any project which adds more than one thousand (1, 000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the administrator) shall be reviewed by the planning and environmental commission as a major exterior alteration in accordance with this chapter and section 12-3-6 of this title. Any project which requires a conditional use permit shall also obtain approval of the planning and environmental commission in accordance with chapter 16 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the department of community development for planning and environmental commission and design review board review. 1. Submittal Items Required, Major Exterior Alteration: The following submittal items are required.- a. equired: a. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. b. Application, Contents: The administrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail comprehensive plan. The administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. C. Work Sessions/Conceptual Review: If requested by either the applicant or the administrator, submittals may proceed to a work session with the planning and environmental commission, a conceptual review with the design review board, or a work session with the town council. D. Hearing: The public hearing before the planning and environmental commission shall be held in accordance with section 12-3-6 of this title. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmental commission may be appealed to the town council in accordance with section 12-3-3 of this title. E. Lapse Of Approval: Approval of an exterior alteration as prescribed by this article shall lapse and become void two (2) years following the date of approval by the design review board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed. (Ord. 29(2005) § 24: Ord. 5(2003) § 11: Ord. 8(200 1) § 2: Ord. 3(1999) § 1) 12-7H-8: COMPLIANCE BURDEN.- It URDEN: 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. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-9: LOT AREA AND SITE DIMENSIONS.- The IMENSIONS: The minimum lot or site area shall be ten thousand (10, 000) square feet of buildable area. (Ord. 3(1999) § 1) 12-7H-10: SETBACKS.- The ETBACKS: The minimum building setbacks shall be ten feet (10) unless otherwise specified in the Lionshead redevelopment master plan as a build to line. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-11: HEIGHT AND BULK: Buildings shall have a maximum average building height of seventy one feet (71) with a maximum height of 82.5 feet, as further defined by the Lionshead redevelopment master plan. All development shall comply with the design guidelines and standards found in the Lionshead redevelopment master plan. Flexibility with the standard, as incorporated in the Lionshead redevelopment master plan, shall be afforded to redevelopment projects which meet the intent of design guidelines, as reviewed and approved by the design review board. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-12: DENSITY (DWELLING UNITS PER ACRE).- Up CRE): 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. (Ord. 18(2005) § 2: Ord. 31(200 1) § 5: Ord. 3(1999) § 1) 12-7H-13: GROSS RESIDENTIAL FLOOR AREA (GRFA): Up to two hundred fifty (250) square feet of gross residential floor area shall be allowed for each one hundred (100) square feet of buildable site area, or an increase of thirty three percent (33%) over the existing GRFA found on the property, whichever is greater. Multiple -family dwelling units in this zone district shall not be entitled to additional gross residential floor area under section 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance) ", of this title. (Ord. 3(1999) § 1) 12-7H-14: SITE COVERAGE.- Site OVERAGE: Site coverage shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Lionshead redevelopment master plan. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-15: LANDSCAPING AND SITE DEVELOPMENT: At least twenty percent (20%) of the total site area shall be landscaped, unless otherwise specified in the Lionshead redevelopment master plan. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-16: PARKING AND LOADING.- Off OADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least one-half (1/2) of the required parking shall be located within the main building or buildings. (Ord. 3(1999) § 1) 12-7H-17: LOCATION OF BUSINESS ACTIVITY: A. Limitations, Exception: All offices, businesses and services permitted by zone district shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, the outdoor display of goods, or outdoor restaurant seating. B. Outdoor Displays: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. (Ord. 3(1999) § 1) 12-7H-18: MITIGATION OF DEVELOPMENT IMPACTS.- Property MPACTS: 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: employee housing per the town's current employee housing policy, 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. (Ord. 14(2006) § 3: Ord. 29(2005) § 24: Ord. 3(1999) § 1) Vail Comprehensive Plan (in part) Vail 20/20 Focus on the Future — Strategic Action Plan (in part) - The Vail 20/20 Strategic Action Plan is a visioning document that begins with a set of values that outline what is truly important to the community. The plan outlines goals for land use and development, parks and recreation, environment, housing, transportation, economy, community and public safety topics, including specific vision statements, long-term goals, and actions and strategies over the next 5 years to achieve those goals. LAND USE Goal #4: Provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. • Address the zoning regulations to provide more incentives for developers to build employee housing units. • Use employee housing fund for buy -downs and other programs that will increase the number of employees living within the town. ENVIRONMENTAL SUSTAINABILITY Goal #2: Energy Management in Buildings and Transportation: Reduce the town's 2007 baseline green house gas emissions. • Support employee housing initiatives in order to reduce trips into Vail. HOUSING Goal: The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town, and will provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. • Conduct inventory of all sites with development potential and pursue opportunities for acquiring undeveloped or underdeveloped properties. • Update the Vail Land Use Plan and identify more areas for employee housing. • Research parking requirements for employee housing and consider reducing requirements for employee housing developments. • Expand the number of employee beds in the Town of Vail ECONOMY Goal #3: Maintain a town -wide workforce in which at least 30 percent of people who work in Vail also live in Vail. • Support the local economy by working with the business community to address future workforce housing needs as they relate to business in Vail. Vail Land Use Plan (in part) — The Land Use Plan is not intended to be regulatory in nature but is intended to provide a general framework to guide decision making. One specific measure used to implement the recommendations of the Land Use Plan includes amendments to the Official Zoning Map. Other measures include changes to ordinances and regulations or policies adopted by the Town. Chapter 11- Land Use Plan Goals / Policies (in part) 1. General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 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). 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3. Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. 5.5. The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. 2009 Environmental Sustainability Strategic Plan — The purpose of this plan is to define a strategy that consists of measurable goals, objectives, and actions that will help the Town coordinate efforts to achieve the environmental vision of the community. Goal #6 — Transportation — Reduce the environmental impact of transportation by supporting efforts within the Eagle Valley to decrease total Vehicle Miles Traveled (VMT) by commuters and guests by 20% by 2020. LIONSHEAD REDEVELOPMENT MASTER PLAN The Lionshead Redevelopment Master Plan is the guiding document when it comes to the analysis, review and approval of projects within the Lionshead planning area. Staff encourages the Commission to review the document, a link to which has been provided as Attachment D. Special attention should be given to the following sections: • Chapter 2: Introduction including purpose, definition and policy objectives. • Chapter 4: Master Plan Recommendations -Overall Study Area, with special attention to Sections 4.7.3.2, 4.11, and 4.13 • Chapter 5: Detailed Plan Recommendations, specifically Section 5.7 • Chapter 8: Architectural Design Guidelines, with special attention to 8.4.2, VI. ZONING ANALYSIS Address: 500 East Lionshead Circle Legal Description: Lot 1A, Tract L and Tract K, Vail/Lionshead Filing No. 1, a Resubdivision Lot Size: .73 acre (31,754 sq. ft.) Existing Zoning: Lionshead Mixed Use 1 (LMU-1) Land Use Designation: Lionshead Redevelopment Master Plan Mapped Geological Hazards: None Development Required by Town Proposed Complies? Standard Code West: Lodging/Multifamily Lot Size Min. 10,000 sq. ft. .73 acre (31,754 sq. Complies ft.) Minimum Setbacks Front — 10' North: 10' Variance to east Side — 10' South: 44' setback requested, Rear — 10' East: 0' per Section 12-7H-10: West: 10' Setbacks Maximum Height 82.5 ft. max 73.1 ft. max Complies 71 ft. average 71 ft. average Maximum Dwelling 35 DUs/ per acre, or 21 dwelling units (28.8 Complies units/acre 25.55 units on a .73 du/buildable acre) acre parcel. GRFA Max. 250/100 31,798 sq. ft. Complies Buildable Site Area or 79,385 sq. ft. Site coverage Max. 70% of site area 21,516 sq. ft. or 68% Complies maximum or 22,227 sq. ft. Minimum Min. 20% of site area 8,250 sq. ft. or 26% Complies Landscaping or 6,350 sq. ft. Required Parking 1.4 per unit or 33 154 spaces* Complies spaces *The proposed 154 spaces accommodate the parking generated by the proposed development, replaces existing parking (91 spaces) as required by Section 12-10-3 and provides a surplus of parking. VII. SURROUNDING LAND USES AND ZONING North: Lodging/Multi-Family South: Mixed Use East: Lodging/Multifamily West: Lodging/Multifamily VIII. REVIEW CRITERIA— VARIANCE Lionshead Mixed Use 1 (LMU-1) Lionshead Mixed Use 1 (LMU-1) Lionshead Mixed Use 1 (LMU-1) Lionshead Mixed Use 1 (LMU-1) The application has requested a variance from the required ten foot (10') side (east) setback. The applicable criteria for the granting of such a variance are as follows: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The proposed zero foot (0') side setback is intended to provide a design solution with the adjacent Launch project that will result in a unified plaza. This design solution will have no discernable effect on the existing or potential uses or structures in the vicinity. The pedestrian connection through the existing parking facility will be maintained at surface grade on the Lazier property until such time as redevelopment of the property IX has occurred. Upon completion of both projects, the pedestrian access through the site will be accommodated on the unified plaza. Staff finds this criterion to be met. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. The proposed setback will allow for the integration of the two projects with the creation of an outdoor plaza above the parking entrances. Strict enforcement of the setback provision would result in an unusable and undesirable space between the two structures. Although the property line in this area cannot be eliminated due to ownership issues, adherence to setbacks from this property line would prevent a desirable design solution. Above this outdoor plaza, the project fully complies with the required setback. Staff finds this criterion to be met. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. The proposed variance will not result in a negative impact on light and air; will not alter the distribution of population; will not affect any existing transportation or traffic facilities, public facilities, or utilities; and will not affect public safety in comparison to existing conditions. Staff finds this criterion to be met. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. REVIEW CRITERIA -MAJOR EXTERIOR ALTERATION Major Exterior Alteration 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; Staff Response: The purposes of the Lionshead Mixed Use 1 Zone District are stated in Section 12-7H- 1, Purpose, Vail Town Code. As stated, the Lionshead Mixed Use 1 Zone 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 proposed residential project, which includes twenty-one (21) for sale condominiums and two (2) Employee Housing Units (EHUs) is consistent with this stated purpose. The project, with the exception of the rear setback, complies with all of the prescribed development standards for the district Staff finds this criterion to be met. 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan; Staff Response: Chapter 2: Introduction Section 2.3 of the Lionshead Redevelopment Master Plan outlines the six policy objectives of the plan. Staff believes the following objectives are the most germane to this application. 1) Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 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. 4) Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. 5) Improved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. Staff believes the proposed major exterior alteration conforms to these policy objectives. The project replaces an obsolete and unattractive parking deck, increases the live bed base and improves and pedestrianizes an existing alley, largely dominated currently by automobiles. Chapter 4: Master Plan Recommendations Chapter 4 of the Lionshead Redevelopment Master Plan provides specific recommendations related to physical and visual connections, public transportation, vehicular and pedestrian circulation, housing, public art and live beds. Staff has included for discussion only those recommendations that are relevant to the proposed expansion and remodel. Section 4.8 of the Lionshead Redevelopment Master Plan addresses parking. The project proposes to replace existing parking, in compliance with Section 12-10-3 of the Vail Town Code, provide the required parking the residential uses and provide additional parking to increase the overall Lionshead inventory. Section 4.9 of the Lionshead Redevelopment Master Plan addresses employee housing. The applicant is proposing to mitigate the housing needs created by the new residential project with two onsite Employee Housing units (EHUs). The housing requirement generated by the proposal is: New Residential GRFA 31,798 square feet of GRFA X 10% mitigation rate = 3,180 square feet of EHU required Existing Commercial Uses (Lion's Pride Building) 1,818 sq. ft. office X 3.2 employees/1,000 sq. ft. = 5.8 employees 3,636 sq. ft. retail X 2.4 employees/1,000 sq. ft. = 8.7 employees Total Employees 14.5 X 20% mitigation rate = 2.9 employees 2.9 employees equates to 1,051 sq. ft. of EHU which is credited to the project. Project proposes two (2) EHUs totaling 2,206 square feet Section 4.13 of the Lionshead Redevelopment Plan addresses the need for the maintenance, preservation and enhancement of the live bed base. The live bed base is critical to the success of Lionshead and special emphasis has been placed on the importance of increasing the number of live beds as the area undergoes redevelopment. In keeping with this goal, the project has included a lobby, sitting room, fitness facility and outdoor patio/hot tub space that will provide on-site facilities typically associated with hotels. Short-term rentals of units will be permitted by the project covenants and owners will be permitted to rent units via AirBNB-type services or will be able to utilize on-site management for short-term rentals. It should be noted that, per Section 4.13 of the Lionshead Redevelopment Master Plan, 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. Chapter 5: Detailed Plan Recommendations Section 5.7.5 of the Lionshead Redevelopment Master Plan addresses specific recommendations for the Lions Pride Building and Parking Deck: 5.7.5 Lions Pride Building and Parking Deck The Lions Pride building and the parking deck across the alley are not in primary locations in the retail core but, because they are in very questionable condition (both visually and physically), their redevelopment and compliance with the Master plan should be considered a priority. An opportunity exists to convert the existing alleyway into a true arrival point for these properties and an enhanced pedestrian walkway. The existing parking must be replaced, most likely underneath a new structure, and could be accessed directly from East Lionshead Circle or from the alley. The project responds directly to these recommendations through the redevelopment of an unsightly parking deck, improvements to the existing alleyway and the replacement of all existing parking within the redevelopment. Chapter 7: Development Standards This major exterior alteration application conforms to the development standards of both the Lionshead Redevelopment Master Plan and the Lionshead Mixed Use 1 District with the exception of the requested side setback variance. Chapter 8: Architectural Design Guidelines This chapter of the Lionshead Redevelopment Master Plan addresses required architectural considerations in both the general and the specific. Staff, with the assistance of the PEC, has worked closely with the applicant on an architectural approach that addresses both. The project provides a link to historical alpine references and Vail Village precedents while incorporating contemporary approaches. To the specific, the project has addressed all relevant recommendations concerning building massing and form, wall surfaces and materials, balconies, windows and doors, roofs, chimneys and detailing. Staff finds this criterion to be met. 3. That the proposal does not otherwise have a significant negative effect on the character of the neighborhood; and, Staff Response: Staff has reviewed the proposal in an attempt to identify any significant negative impacts that may be created on the character of the neighborhood as a result of the construction of the project. The proposal conforms to the development standards of the Lionshead Mixed Use 1 District, with the exception of the requested variance to the rear setback, and is not anticipated to have a negative effect on the character of the neighborhood. Staff finds this criterion to be met. 4. That the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. Staff Response: Staff has reviewed the Vail Comprehensive Plan to determine which elements of the Plan apply to the review of this proposal. Upon review of the Plan, Staff has determined that the following elements of the Plan apply: Transportation Master Plan (adopted 1993) Lionshead Redevelopment Master Plan (adopted 1998) The project is subject to the recently adopted Transportation Impact Fee Residential Dwelling Units, Two Family or Multiple Family (In the Core Area) 21 units x $5,066.00 / unit = $106,386.00 Transportation Impact Fee= $106,386.00 *The actual fee in lieu will be determined at the time of building permit review and is subject to change. Staff also believes this proposal complies with the applicable elements of the Lionshead Redevelopment Master Plan (refer to criteria #2 above). In summary, Staff believes that the applicant has presented evidence that the proposed major exterior alteration 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, 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. Staff finds this criterion to be met. X. STAFF RECOMMENDATIONS Variance: Based upon the review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission approve, with one condition, a variance from Section 12-7H-10, Setbacks, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a side setback of zero feet (0') where ten feet (10') is required for a new multifamily structure, located at 500 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0036). Should the Planning and Environmental Commission choose to approve, with one condition, this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicants' request for a variance from Section 12-7H-10, Setbacks, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a side setback of zero feet (0) where ten feet (10) is required for a new multifamily structure, located at 500 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto.." Should the Planning and Environmental Commission choose to approve, with one condition, this variance request, the Community Development Department recommends the Commission applies the following condition: 1. Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. Should the Planning and Environmental Commission choose to approve, with one condition, this variance, the Community Development Department recommends the Commission make the following findings: 'Based upon the review of the criteria outlined in Section VII of the staff memorandum to the Planning and Environmental Commission dated January 28, 2019, and the evidence and testimony presented, the Planning and Environmental Commission finds: The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Lionshead Mixed Use 1 (LMU-1) District, 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, and 3. This variance is warranted for the following reasons: a. The strict literal interpretation or enforcement of the specified regulation will result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code,- b. ode, b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variances that do not apply generally to other properties in the Lionshead Mixed Use 1 (LMU-1)District, and c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicants of privileges enjoyed by the owners of other properties in the Lionshead Mixed Use 1 (LMU-1) District." Major Exterior Alteration The Community Development Department recommends approval, with conditions, of this request for a Major Exterior Alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of a new multifamily structure with below grade parking, located at 500 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18- 0034). Staff's recommendation is based upon the criteria outlined in Section IX of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this exterior alteration or modification request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicant's request for a Major Exterior Alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of a new multifamily structure with below grade parking, located at 500 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this Major Exterior Alteration request, the Community Development Department recommends the Commission imposes the following conditions: 1. Approval of this project is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 2. The Transportation Impact Fee shall be paid to the Town of Vail by the applicant prior to issuance of any building permit. 3. Prior to the issuance of the first certificate of occupancy for the project, the Applicant shall execute and record deed restrictions, in a form approved by the Town Attorney, for the on-site employee housing units (EHUs). Should the Planning and Environmental Commission choose to approve the exterior alteration request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section IX of the Staff memorandums to the Planning and Environmental Commission dated January 28. 2019, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. That the proposed Major Exterior Alteration is in compliance with the purposes of the LMU-1 district as specified in section 12-7H-1 of the Zoning Regulations, and 2. That the proposal is consistent with applicable elements of the Vail Comprehensive Plan, and 3. That the proposal does not otherwise negatively alter the character of the neighborhood. XI. ATTACHMENTS A. Vicinity Map B. Project Narrative, Revised January 2019 C. Summary of Design Refinements, January 22, 209 D. Project Plan Set, January 21, 2019 E. Correspondence from Jenna Skinner with JS Designs (Lift House HOA), January 22, 2019 F. Link to Lionshead Redevelopment Master Plan https://www.vailgov.com/Portals/0/docs/communitv%20development/Planninq%20Pr oiects/Lionshead%20Master%20PIan/Lionshead-Redevelopment-Master-Plan- 20180328.pdf lk -� :1 �� A All �• 1% ti 4F A LION'S VIEW CONDOMINIUMS September 2018, revised November 2018 and January 2019 I. INTRODUCTION The purpose of this report is to provide information on the proposed development of Lion's View, a residential condominium at 500 East Lionshead Circle. The owners and developers of Lion's View are Bob and Diane Lazier, Lazier Lionshead Parcel L LLC. Information provided herein has been prepared in accordance with procedures prescribed by the Town of Vail development review process. The development site for Lion's View is comprised of three parcels - Lot 1A, Tract L anc Tract K as depicted on the recently approved Final Plat for Vail Lionshead, First Filing, a Resubdivision of a part of Lots 1,2,3 and Tract E, Block 1. This final plat was submitted and approved as an element of Elevation, a condominium project located on adjoining Lot 2A. Lion's View includes three levels of underground parking, a six -level residential building and related site and landscape improvements. The project has been designed in conjunction with the neighboring Elevation project that was proposed by Battle Mountain LLC (BMLLC) and recently approved by the Town. While separate projects, the two land owners have been coordinating their design and redevelopment efforts. View of Lion's View looking to the northwest Lion's View/500 East Lionshead Circle Development Applications Page 1 Two development applications are submitted: • Exterior Alteration application for the proposed condominium building and site improvements, and • Application for a setback variance for a portion of the underground parking garage. Each of these applications are described in detail below. Information provided in this report is presented in the following sections: I. Introduction II. Project Overview and Background III. Description of Project IV. Conformance with Applicable Review Criteria 1. Exterior Alteration 2. Variance Request The Exterior Alteration and Variance applications have been submitted on behalf of Lazier Lionshead Parcel L LLC and Bob and Diane Lazier. The project vicinity map below depicts the Lazier properties and the adjoining Elevation development. A site plan of Lion's View is found on the following page. Project Vicinity Map Lion's View/500 East Lionshead Circle Development Applications Page 2 =lltll5 l NI . 1 r ma wrLr. encr aa+u .�_� ? .9n•reSr R.vACP NWGL Cd.04D 1-- , �'. .. FART -•�•, :rwis Fl L r care •wucws sMnse 1 cctcvQn. 1 Nv 3�rt1R R[ c1v�4 _ _ll F2,0111l 7j-' nlll Illustrative site plan of Lion's View Lion's View/500 East Lionshead Circle Development Applications Page 3 II. PROJECT OVERVIEW and BACKGROUND Background on the Parking Structure and Division of Land A parking structure was developed on the subject property in the early 1970's and over the years this structure has provided parking for the Lionshead Arcade, Vail 21, Lifthouse Lodge and other individuals. The structure is located on two parcels of land that were described and deeded in the 1970's based on legal descriptions. These parcels were originally part of Lots 1, 2, 3 and Tract F, Block 1 of the Vail Lionshead Subdivision, but this division of land did not go through a formal subdivision process. A subdivision to formalize these parcels was recently approved as an element of the neighboring Elevation development. The western 2/3rd of the parking structure is owned by Lazier and the eastern 1/3rd is owned by BMLLC. BMLLC and Lazier own equal interests in proposed a common access parcel that provides access to both development parcels (now referred to as Tract K). Redevelopment Coordination BMLLC and Lazier have been coordinating over the past year on the redevelopment of there respective parcels. This collaboration has resulting in the demolition of the top deck of the existing parking structure this past summer. The BMLLC and Lazier projects will share a common access drive off East Lionshead Circle. This access is proposed in the same location as the drive aisle that currently serves the existing parking structure. Both projects will include below grade parking and condominium buildings located above the parking. The parking level of the BMLLC project was approved with a 0' setback on the rear, or west side of the site. Lazier's development application includes the same request for a 0' setback adjacent to Elevation. Once constructed, the 0' setback at the parking level will allow each project to have contiguous outdoor plaza spaces located above the parking levels of each building. While Lazier and BMLLC have been coordinating on their projects for the past year and upon completion these two projects will provide a unified design solution, the two projects may be developed on independent timelines. The sketch on the following page depicts how the coordinated design of an outdoor plaza space between each building will unify the two projects. Lion's View/500 East Lionshead Circle Development Applications Page 4 VIEW 04 Fin U Composite site/landscape plan of Lion's View and Elevation projects. Zoning and Surrounding Land Use The Lion's View project is zoned Lionshead Mixed Use —1 (LHMU1) and except for the proposed 0' front setback (for the parking level only), has been designed in compliance with development standards prescribed by the LHMU1 zone district. The subject property is bordered by LHMU1 zoned lands on the north, south, east and west sides. Each of these properties have been developed with or approved for residential or mixed-use projects. Development Site As per the Town Zoning Code, the definition of "lot or site" is: A parcel of land occupied or intended to be occupied by a use, building, or structure under the provisions of this title and meeting the minimum requirements of this title. A lot or site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record or portions thereo or a parcel of land described by metes and bounds. For the purposes of this development application, the "lot or site" for Lion's View includes Lot 1A, Tract L and Tract M. This results in a total site area of 31,755 square feet, or .729 acres. All development standards for the project are based on the total site area and perimeter boundary of these three parcels. Lion's View/500 East Lionshead Circle Development Applications Page 5 BMLLC and Lazier Lionshead LLC own common interests in Tract L. A letter from BMLLC that authorizes Lazier to use Tract L as part of its "lot or site" has been provided under separate cover. Tract M, Tract L and Lot 1A depicted on the recently approved Final Plat comprise the site area for Lion's View Lion's View/500 East Lionshead Circle Development Applications Page 6 npA PIAT VAIL/'UGMSROAD. FBiST FIIANG A BE UBDIVKSION OF A PART OF LO75 I. 2 3 AN -D 772ACF E BLOCK ' TORY OF VMLL ODDITY OF FACIE S.M OF COLORADO 1 4' J77 I BS N`- a J JIpTIA .A�@ �0 I - ' Tract M, Tract L and Lot 1A depicted on the recently approved Final Plat comprise the site area for Lion's View Lion's View/500 East Lionshead Circle Development Applications Page 6 III. DESCRIPTION OF PROJECT Two development applications have been submitted for this project: Exterior Alteration This review process is prescribed by the LHMU1 zone district and applies to any new development that among other things adds dwelling units or more than 1,000 square feet of floor area. The Exterior Alteration review process evaluates the project's compliance with the purpose of the LHMU1 zone district and applicable development standards of the zone district, how the project complies with applicable elements of the Lionshead Redevelopment Master Plan and potential impacts of the project on the surrounding neighborhood. Discussion of how the proposed project addresses applicable review criteria is found below. Setback Variance The uppermost parking level for each project is proposed to be located at grade with the existing common access drive. The western end of Elevation's top parking level has been approved with a 0' setback adjacent to Lazier's property. This was done with the intention of Lazier's top parking level to be located at its easterly property line, with a 0' setback adjacent to Elevation. The benefit of this approach is that it eliminates a 20' separation between parking structures that is otherwise required by setback regulations. The two abutting 0' setback conditions will only occur at the parking level (the residential floors of both buildings will conform to 10' setback requirements). The adjoining parking structures will allow for the development of outdoor plaza space on Lazier's project that will integrated with Elevation's outdoor space. The proposed setback variance will allow for this solution. The 0' setback is proposed for the eastern end of the parking structure adjacent to Lot 2A and Track K. The portion of the building with a 0' setback involves only the at -grade parking level parking and underground parking levels below, the proposed residential building conforms to setback requirements. Below is a diagram demonstrating at a conceptual level the final condition with the 0' setback upon completion of Lazier's project. Lion's View/500 East Lionshead Circle Development Applications Page 7 on i ii I' - � I■� iis���li�ui ni%i�FN I i IiFIL1!l'_�IUE ' E I The elevation above depicts the final O'setback condition upon completion of Elevation the Lazier project. Development Program Below is a description of the main elements of the proposed project. The project's conformance with applicable review criteria for each of the four development applications is found in Section IV. of this report. Residential Condominiums Twenty-one residential condominium units with a total of 31,798 square feet of GRFA are proposed. Employee Housing Units Two on-site employee housing units (EHU's) comprised of 2,206 square feet are proposed. Lobby/Common Areas and "live beds" Approximately 2,700 square feet of interior common space is provided. This includes lobby, sitting room and office space on the main level of the building. In keeping with the "live bed" goals of the Lionshead Redevelopment Master Plan, office space, a lobby, a library/sitting room and outdoor patio space will provide on-site facilities typically associated with hotels. Short-term rentals of units will be permitted by the project covenants. Owners will be permitted to rent units via AirBNB-type services, private management companies or will be able to utilize on-site management for short-term rentals. A lower lobby and office space on the main level will provide space for staff to facilitate check-in for short-term guests. Parking As outlined in a 1972 letter from the Town of Vail, the existing parking structure was built to provide parking for three adjacent projects. Parking proposed with Lion's View/500 East Lionshead Circle Development Applications Page 8 the development of Lion's View will replace parking that existed on Lazier's property prior to demolition of the parking deck and will provide for the parking required for the proposed residential development. Prior to demolition of the parking deck there were 91 structured and surface parking spaces located on Lot 1A. By code, these 91 spaces are required to be replaced. The proposed development of twenty -one condominiums and two EHU's requires 32.2 new parking spaces, for a total requirement of 123.2, or 124 spaces. The proposed parking structure will provide 154, or 30 spaces more than required by code. As project design progresses and more is known about structural, mechanical and other design considerations, it is possible that there may be a slight reduction in on-site parking. However, under any circumstance a minimum of 124 on-site spaces will be provided in order to meet zoning requirements. Site Design The building has been located to the northern end of the site to provide room for vehicular circulation and a small amount of surface parking. Vehicular access will be provided by a drive aisle that connects with East Lionshead Circle. This drive aisle is in the same location as the existing driveway and it will also provide access to Elevation. The main entry to the Lion's View fronts on the new drive aisle. An exterior stairway provides access to the second level outdoor plaza space and also provides pedestrian access to the neighboring Vantage Point project. The access to Lion's View will essentially be in the same location as the existing alley. It will, however, be significantly improved. To enhance the pedestrian aspect of this corridor, landscaping on both sides of the drive and a decorative paving pattern to define a pedestrian walkway are proposed. This area will also be snow -melted. Development Standards A summary of development standards as prescribed by the LHMU1 zone district and development standards proposed by this project are provided below. Gross Residential Floor Area (GRFA) LHMU1 allows for 250 square feet of GRFA for every 100 square feet of site area. The project site area is 31,755sf. This site area would allow for up to 79,388 square feet of GRFA. 31,798 square feet of GRFA are proposed. Density LHMU1 allows 35 dwelling units per acre. The project site area of .729 acres would allow for up to 25 dwelling units. 21 dwelling units are proposed. Lion's View/500 East Lionshead Circle Development Applications Page 9 Building Height Maximum allowable absolute height is 82.5' and maximum average height is 71'. The proposed building has an absolute maximum height of 73.0' and an average height of 70.9'. Setbacks Setbacks in LHMU1 are 10' on all sides. Proposed setbacks are: • Front —+/ -44' Side —10' on west, 0' on east • Rear -10' Site Coverage LHMU1 allows for 70% site coverage, as such the project site area of 31,755sf allows for up to 22,228sf of site coverage. Proposed site coverage is 21,496 square feet, or 67.7% Landscaping LHMU1 requires 20% of a site to be landscaped, as such the project site area of 31,755sf requires a minimum of 6,351 square feet of landscaped area. Proposed landscape area is 7,728 square feet, or 24.3%. Note that this landscape area is softscape area only, it does not reflect any decorative hardscape areas (of which up to 20% of the landscape requirement can be). Parking and Loading 91 parking spaces existed on the site prior to demo of the top deck of the structure and the proposed development requires 33 new spaces, for a total requirement of 124 spaces. All required parking will be provided on-site. There is no commercial development in the project and as such loading needs will be very minimal, limited to move in/move out of the residential units. The loading facility at the Arrabelle was over -sized to provide loading for adjacent properties. If needed, the Arrabelle facility could be utilized. Diagrams depicting building height, site coverage, setbacks and landscaping are found in the project plan set that has been provided under separate cover. Employee Housing Section 12-24-2 Employee Housing Requirements establishes a mitigation rate of 10% of the total new GRFA proposed by a project. 31,798 square feet of GRFA are proposed, resulting in an inclusionary employee housing requirement of 3,180 square feet. The code requires that a minimum of 50% of this requirement be provided on-site. Lion's View/500 East Lionshead Circle Development Applications Page 10 The development of Lion's View involves the demolition of the Lion's Pride building. The removal of this building reduces the site's employee generation and the applicant's housing obligation for these uses to be removed have been deducted in calculations to determine the total net new employee housing obligation for Lion's View. Based on the Eagle County Assessor's Office this building includes three levels and a total of 5,456 square feet. Two levels, or 3,636 square feet are retail and one level of 1,818 square feet is office. Based on Chapter 23 of the Town Code, the Lion's Pride Building generates the following employees: 1,818 sf of office use at 3.2 emp/1,000sf — 5.8 employees 3,636sf of retail use at 2.4 emp/1,000sf — 8.7 employees 14.5 total employees generated, 20% mitigation — 2.9 employees. Table 23-2 of Section 12 -23 -3 -Size and Building Requirements, provides a method for converting Commercial Linkage's requirement to house employees with Inclusionary Zoning square requirement to provide employee housing square footage. This table establishes square footage and employee capacity thresholds for various unit types and sizes. For example, a minimum 438 sf studio unit can house 1.25 employees and a minimum 613 sf 1 -bedroom unit can house 1.75 employees. This means a studio and 1 - bedroom of 1,051 square feet can house 3.0 employees. For all intends and purposes, the 2.9 employee demand being removed by the demolition of the Lions Pride Building is equal to the 3.0 employees that necessitate 1,051 sf of housing. Based on this, the removal of the Lion's Pride Building equates to a 1,051sf "credit" that can be applied to the new demand created by Lion's View. Employee Housing Mitigation Plan The Lion's View building includes 31,798sf and has a 10% Inclusionary Housing requirement of 3,179sf. Applying a credit of 1,051sf from the removal of the Lions Pride Building, the net employee housing requirement for Lion's View is 2,128 square feet. Two on-site EHU's totaling 2,206 square feet are proposed. These units are on the main level of the building and include one 1 -bedroom unit of 826sf and one 2 -bedroom unit of 1,342sf. As such, 100% of the employee housing requirement for Lion's View is being provided on-site. Lion's View/500 East Lionshead Circle Development Applications Page 11 CONFORMANCE WITH APPLICABLE REVIEW CRITERIA Below is a summary of how the proposed project conforms to applicable review criteria for each of the four development applications. EXTERIOR ALTERATION 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: 1. In compliance with the purposes of the Lionshead mixed use 1 district, Response The purpose of the LHMU1 district is: 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. The proposed project represents the redevelopment of a distressed property that is identified by the Lionshead Redevelopment Master Plan (the Plan) as a priority for redevelopment. The project is very much consistent with the purpose of the LHMU1 zone district. 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan, and The Lionshead Redevelopment Master Plan (LRMP) is an extensive and detailed planning document. Below are highlights of how the proposed project is consistent with main elements of the Plan from Chapter 2 — Policy Objectives, Chapter 4 — Overall Study Area Recommendations, Chapter 5 — Detailed Plan Recommendations and Chapter 6 — Site Design Guidelines. Chapter 2 — Policy Objectives Of the six broad policy objectives outlined in the Plan, three are applicable to this project: Lion's View/500 East Lionshead Circle Development Applications Page 12 2.3.1 Renewal and Redevelopment The project will replace a dilapidated above grade parking structure with below grade parking and a new residential building. 2.3.4 Improved Access and Circulation The project will provide a significant aesthetic and safety enhancement to the existing east/west vehicle/pedestrian corridor. 2.3.5 Improved Infrastructure The project will restore parking that had been provided in the two-level parking structure. Chapter 4 — Overall Study Area Recommendations This chapter of the LRMP addresses broad level considerations that affect Lionshead as a whole. Examples of these include view corridors, Lionshead's main "hubs", connection with Gore Creek and the natural environment, connection with Vail Village, public transportation and other considerations. Most of these considerations are not directly relevant to the proposed development. This is likely due to two factors — the limited scope of the proposed redevelopment and the fact that the project is located outside of the Lionshead core area and major pedestrian streets. One relevant consideration is with respect to how the LHMP addresses the goal for "live beds". Consistent with the LRMP and as described on page 8, Lion's View will include typical hotel facilities such as a lobby, sitting room and office. Project covenants will allow for short-term rentals of condominiums and the on- site office will provide space for staff to assist with rentals. Chapter 5 — Detailed Plan Recommendations Chapter 5 examines individual parcels and groups of parcels and identifies important functional relationships and objectives to be considered in redevelopments. Specific considerations from the LRMP relevant to this proposal include: 5.7.5 Lions Pride Building and Parking Deck The Lions Pride building and the parking deck across the alley are not in primary locations in the retail core but, because they are in very questionable condition (both visually and physically), their redevelopment and compliance with the Master plan should be considered a priority. An opportunity exists to convert the existing alleyway into a true arrival point for these properties and an enhanced pedestrian walkway. The existing parking must be replaced, most likely underneath a new structure, and could be accessed directly from East Lionshead Circle or from the alley. Lion's View/500 East Lionshead Circle Development Applications Page 13 The proposed project addresses this objective. Landscaping and decorative pavers are proposed to create a more pleasing pedestrian walkway while also providing for vehicular use. The LRMP specifically identifies this property as not being an appropriate site for retail, nor is it appropriate for a gateway, portal or other urban design features that may be appropriate elsewhere in Lionshead. Chapter 6 — Site Design Guidelines This chapter described detailed design elements will lend character and quality to the overall fabric of public spaces and to the desired hierarchy of pedestrian spaces. The proposed project is not located within the Primary Pedestrian Mall nor the Secondary Pedestrian Mall area. There are no Primary Pedestrian Streets adjacent to the site. As such, many elements of this chapter are not applicable to this site. The existing alley on the south side of the project is a Primary Pedestrian Walk. This corridor will include a decorative walking surface to define pedestrian flow. The height of some landscape walls will allow for seating. As suggested by the LRMP, trash and recycling facilities are enclosed within the building. Chapter 8 —Architectural Design Guidelines The LRMP includes an extensive number of architectural guidelines to be addressed in the design of any new project in Lionshead. These guidelines include very general, subjective comments such as "the image for Lionshead should move towards the future — using historical alpine references and Vail Village as antecedents" or "the middle of buildings within Lionshead shall read as "quiet" masses". The guidelines also include more specific, quantified guidelines such as prescribed stepbacks in wall planes and the dimension of roof overhangs. Below highlight key features of Lion's View and how the building responds to some of the major elements of the architectural guidelines: Building Massing and Form The building has a very prominent and solid "base" defined by the use of stone, pre -cast stone columns and building projections at the base of the building that anchor it to the site. The middle portion of the building utilizes precast stone and metal accent paneling and is "quiet". The roof is appropriately integrated with the buildings wall planes. Lion's View/500 East Lionshead Circle Development Applications Page 14 Wall surface criteria Wall plans are both varied and articulated with use of building stepbacks, changes of materials, roof overhangs and balconies. Wall materials and colors Wall materials "play off of" the neighboring Visitor Center and are organized to define the base and middle of the building. Balconies Solid horizontal bases and decorative railings integrate balconies with the building. Windows and Doors Windows are recessed within mass walls and the upper portion of most windows include divided lights. 3. 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. Response Neighborhood character in terms of the built environment is established by the development standards prescribed by the LHMU1 zone district. These standards were created to implement the goals of the Lionshead Redevelopment Master Plan. The project has been designed to conform to these standards and as such the project will be consistent with the character of the neighborhood. The proposed project will not have significant negative effects on the character of the neighborhood. The Exterior Alteration review process also obligates projects to address the Mitigation of Development Impacts. Section 12-71-1-18 states: 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: employee housing per the town's current employee housing policy, roadway improvements, pedestrian walkway improvements, streetscape Lion's View/500 East Lionshead Circle Development Applications Page 15 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. Lion's View includes the following improvements to mitigate the impact of the proposed development: Employee Housing The Lion's View building includes 31,798sf and has a 10% Inclusionary Housing requirement of 3,179sf. Applying a credit of 1,051sf from the removal of the Lions Pride Building, the net employee housing requirement for Lion's View is 2,128 square feet. Two on-site EHU's totaling 2,206 square feet are proposed. These units are on the main level of the building and include one 1 -bedroom unit of 826sf and one 2 -bedroom unit of 1,342sf. As such, 100% of the employee housing requirement for Lion's View is being provided on-site. Streetscape Improvements The existing alley that provides site access to Lion's View and surrounding properties will be heated, landscaped and include a paver sidewalk pattern to accommodate pedestrian traffic within this shared vehicle/pedestrian corridor. This public space will be dramatically improved. Fire Department Access The entry to the parking garage has been designed to accommodate a hammer -head for fire truck turn -around. Currently fire trucks do not have the ability to turn around. This represents a significant improvement to fire department operations. Excess Parking The project will include up to 30 parking spaces in excess of what is required by zoning regulation. The surplus parking will help address the Town's parking needs. VARIANCE The purpose and need for the rear setback variance are described in detail above. Below is response to findings to be considered for a variance request. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Lion's View/500 East Lionshead Circle Development Applications Page 16 Response Most of the building necessitating a setback variance is the below grade parking structure. The underground parking will have no impact on other existing or potential uses and structures in the vicinity. The only portion of the building proposed to be within the setback that is above grade is the south elevation of the parking structure entry located along the common access drive. Designed in conjunction with the adjoining Elevation project, this 0' setback condition will allow for a shared outdoor plaza space above the parking garage entry. This setback encroachment will have no impact on other existing or potential uses and structures in the vicinity. To the contrary, the proposed 0' will allow for a unified plaza design between Elevation and the adjoining Lazier project is developed. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Response Design of the BMLLC and Lazier projects will create an outdoor plaza space to be created between the two buildings. The 0' setback proposed for the parking level below the outdoor space will allow for the integrated design of this space. The Lazier project will propose the same 0' setback. Literal enforcement of the 10' setback would result in 20' of basically unusable space between the two projects and would prevent the creation of this outdoor space. While located on two separate parcels that are under separate ownership, the development of Elevation and Lion's View essentially represents the phased development of a unified and coordinated project (unified and coordinated via the shared access way, coordination on finished floor elevations, and by the outdoor plaza space between the two buildings). For all intents and purposes, upon project completion the common property line between these two parcels will be indiscernible. Due to current ownership the common property line cannot be eliminated, however, the property line and setback requirements prevent a design solution that would benefit site design and the immediate neighborhood (and would be possible were it not for the existing property line). Variation to the setback requirement is warranted to implement this design solution and in doing so would achieve compatibility and uniformity of treatment amount sites in the vicinity and would attain the objectives of this title without a grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Lion's View/500 East Lionshead Circle Development Applications Page 17 Response The proposed setback will have no adverse effect on the considerations listed above. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Response Town development standards in Vail Village and Lionshead allow for and at times encourage 0' setback conditions when the result will allow for a design that provides appropriate and desirable design solutions. The basis for this is that adherence to property line setbacks does not always result in the best design solution and that within reason, quality design that benefits the greater area should take precedent over arbitrary setback standards. The proposed 0' setback will allow for a unified design solution between the BMLLC and Lazier properties and is consistent with other examples where the Town has encouraged 0' setbacks. The portion of below grade parking garage with the 10' setback allows for efficient design of the parking structure and will have no discernible impacts. This request is consistent with other similar setback variances that have been granted in the past. Lion's View/500 East Lionshead Circle Development Applications Page 18 AaWBu N ASSOCIATES, INC. LAND PLANNING, & COMMUNITY DEVELOPMENT MEMORANDUM To: Jonathan Spence From: Tom Braun Date: January 22, 2019 CC: Bob Lazier, Bob Fitzgerald RE: Summary of design refinements The purpose of this memo is to summarize final refinements to Lion's View. Updated plans for the official plan set have been uploaded to ProjectDoc. Topics below are in response to staff comments, PEC comments from our last meeting and neighbor comments. Site Context The PEC asked for information showing the project in context with the surrounding area. Images generated with our computer model are attached. Building massing of surrounding buildings was obtained from others. While this information looks accurate, because it was obtained from others the accuracy of these drawings cannot be confirmed. Sun/Shade Anal Sun/shade diagrams have been added to the official plan set via ProjectDoc. North Elevation In response to PEC comments a number of refinements have been made to the north elevation in order to add interest, break up the building mass and provide more consistency (both design and materials) with the building's other elevations. Elevator Overrun The gable roof form atop the elevator overrun has been replaced with a shed form. While the ridge of the shed is only slightly lower than the previous gable, the shed and building form are less imposing than the gable. Snow Storage Minor refinements have been made to the snow storage diagram. Parking Garage Venting At this point in the design process we do not know how venting for the structure will be designed. This information will be available as part of our DRB submittal. Trip Generation A trip generation report for both Lion's View and Launch has been provided to the Public Works department. Opal Building • 225 Main Street • Suite G-002 • Edwards, Colorado • 81632 970-926-7575 • 970-926-7576 fax • www.braunassociates.com Trash Facilities An enclosed trash facility for Lion's View is included in the project. This facility will serve Lion's View. For the past 30 plus years two trash enclosures have been located on the applicant's property. These enclosures have provided trash facilities for the Lifthouse Condominiums, commercial space within Lifthouse and the Vail Arcade Building. The development of Lion's View will necessitate a new trash facility (to be located on Lifthouse property), for these surrounding users. The applicant is committed to working with the Lifthouse Association (and Lionshead Arcade) to identify a location and design for this new trash facility. The applicant will provide design services for this effort and will participate on a pro -rated, equitable basis in the cost of this facility. ADA Access to Lifthouse Historically the Lifthouse Condominiums have relied on the upper deck of the neighboring parking structure to provide ADA access to its lobby entrance (access is also available to Lifthouse at the Lionshead Mall level of the building). A consequence of the demolition of the top deck of the neighboring parking structure is this ADA access option was removed. The applicant is committed to working with the Lifthouse Association to identify a location and design to establish ADA access to the lobby entrance. The applicant will provide design services for this effort. 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The goal was not to critique the proposal; rather, the goal was to learn what- if any - planning issues may possibly result from Mr. Lazier's project. As far as I am aware, there is no objection to the proposed development itself (which greatly improves the area), but the Lift House would like to simply ensure that each project is synchronous with one another. Essentially, there are a few concerns that should be addressed by the PEC, prior to its ultimate motion to approve the development. While nothing is so critical that it may shade the proposal at hand, there is an important planning issue that should be addressed on the record. This issue relates to the condition of approval placed on the 1972 Lift House development permit. Additionally, there are a couple logistical issues at hand as well, which if not addressed now, may diminish operations of the Lift House should they be overlooked. The main planning concern is in regards to the Lift House parking and loading requirements that are currently located offsite on the Lazier property. This approval required a certain number of spaces to be available, and to remain in conformance with this condition and permit approval, the Lift House hereby requests the PEC to uphold this condition by having Mr. Lazier truly incorporate this requirement in his development moving forward. In doing so, the PEC will protect the Lift House property owners, business owners, and the Lift House itself from any possible code violations or legal ramifications that may result if the availability to provide said offsite parking and loading is permitted to be reduced at all. The result of the analysis is attached to this letter for your consideration. Again, we feel that no potential impact is insurmountable; however, it is appropriate to raise any potential impacts now, so that no issues will affect Mr. Lazier or the many individuals invested in the Lift House moving forward. Thank you for your time, and thoughtful review of these matters. Should you need any further information, please do not hesitate to contact me. Sincerely, Jena Skinner, AICP PO Box 116, Minturn, CO 81645 970.331.9791 jsdesigns@outlook.com www.jsdvaii.com 941PHILA&I-C' , The Lift House and Potential Neighboring Development Impacts Planning Analysis and Recommendation January 22, 2019 SITUATIONAL DESCRIPTION Neighboring lot owner to the Lift House, Robert T. Lazier's Lazier Lionshead Parcel L, LLC, is redeveloping its properties, which in doing so may affect some important logistical elements that are shared/common with the Lift House condo -hotel and commercial space. This document will focus on the existing elements shared by the Lazier property and Lift House, including: parking; trash; and ADA egress/ingress from the former parking structure to an existing pathway system. The primary goal tasked by JSD is to determine if any modification to these existing offsite/shared elements, may affect the binding (legal) planning approvals for the Lift House. Based on basic information available at the time of writing this document, the following suppositions are being made: Whereas, the preliminary public process through which the Lazier project is currently undergoing may have possibly altered the number of mandatory parking spaces that was required by the Town of Vail for the Lift House development in 1972; Whereas, the Lift House was required to provide 69 parking spaces and one (1) loading berth per Town of Vail Code, established in 1970's- documented in a letter from the Town of Vail dated July 17, 1972. More specifically, the condition states: A total of 69 parking spaces, 9'x 19; plus one loading berth, 12' x 25; are required for this building (Lift House). The Lionshead Arcade Building requires 36 parking spaces, plus one loading berth. With these requirements, the Vail 21 building requires 58 parking spaces plus one loading berth. Your new parking garage will require a total of 163 parking spaces, (and) 3 loading berths, which may be located elsewhere on the properties. Whereas, only one modification has occurred to the Lift House after the aforementioned parking condition was placed on the property. In 1993 there was an amendment to the commercial space condos that were, and are still owned by Lazier. Otherwise, the Lift House has been operating "as is" ever since. No additional parking was required with the 1993 modification, and as far as Lift House's operator is aware, 69 parking spaces remains in effect as a condition of approval, which is necessary to conform to original code requirement of the Town of Vail; • Whereas, Lazier has recently amended his property zoning and plat (2018); however, this plat has not been recorded'. On this plat, he was required to place a plat note quasi -acknowledging the shared parking situation. According to the planning department, the plat note will be as follows: Any major exterior alteration or other redevelopment of Lot 1A or Lot 2A shall include, at a minimum, 91 parking spaces for Lot 1A and 52 parking spaces for Lot 2A in addition to the requirements for the altered or redeveloped structures on said lots. 'As Colorado is a recording State (mechanism to ratify legal changes made to land -use approvals), no changes have technically been made as of yet • Whereas, the Town of Vail may be considering the shared parking allocation of 69 spaces to be handled as a civil (private) issue. PLANNING ANALYSIS It is important to detail the difference between the Lift House and the neighboring development proposal for several reasons- especially with respect to land -uses and existing zoning approvals. ,V sO..ind V, mage Pn I 1hf 4 1A'/IFR 1 T, 4'.ANf. L.l •. BMLLC ❑ ti �w LUT 2A LOS IA } Sunb'rrd � 1 KM'L A ws' Vail 21 Lifthuucr �Al tt?1lth / P.IACEL E 4l Aa PmjFCtVICrWtyMop Proposed Properties JSD understands that the Town of Vail is not specifically requiring the 69 parking spaces be made available by Lazier in 2019, as conditioned in the 1972 Lift House development approval. According to the submittals minutes for the hearing that approved the plat that creates new lots 1A and 2A (see above image from Lazier development application), the Town has re -determined that the shared parking number to be currently accommodated (by Lazier) is only 91 spaces. This number reflects what was counted on Lazier's side of the now -demolished parking structure and the surface lot to the south. Adding on the 33 Lazier project parking spaces, the total spaces required to be available from Lazier would be 124 at a minimum (91 + 33). Thankfully, Lazier is offering 154 spaces, which does satisfy the overall shared parking requirement with the Lift House; however, it is still not clear on the record that 69 must be actually available to the Lift House itself. The sentiment appears to be that the existing/shared parking off-site parking arrangement is solely a private agreement between the Lift House and Lazier, and the 69 spaces is to be addressed as such. It is my planning opinion that the Town of Vail allowed the existing parking situation to occur by tying the approval of the 1972 Lift House development permit, to Lazier's property in order to fulfill the Lift House parking requirement. Specifically, this approval required Lazier to accommodate 69 spaces for the Lift House. As such, the conditional parking situation IS an enforceable zoning aspect of the Lift House development. This is important, as once a development permit is approved, the jurisdiction can neither modify any condition thereof without some form of governmental approval or sunsetting of the specific condition, nor can an approval of a separate land -use retroactively alter any other development application that is not subject to the redevelopment at hand. In a nutshell, Lazier does not have the legal right to alter the 1972 parking arrangement, unless the approval for the Lift House itself is amended by the Town of Vail. The second concern raised is with respect to the Town's ability to promote a reduction in the aforementioned parking condition of the Lift House development permit based on what was actually built in the now -demolished parking structure. A jurisdiction may not impose modifications to z The total counted spaces is specifically broken down as 91 spaces for Lot IA (Lazier), and 52 for Lot 2A (BMLLQ. PO Box 116, Minturn, CO 81645 970.331.9791 jsdesigns@outlook.com www.jsdvail.com conditions, or retroactively impose current land use code on existing approvals, until there is a proposed change to the approval itself. As such, the existing parking situation of the Lift House remains valid with a requirement to have 69 parking spaces and one (1) loading berth available- regardless of what was built. Even if the code standards today have changed vs. what was in place in 1972 (i.e. The Lift House only needs to have 45 spaces made available per current code), the result of the code amendment simply creates a "grandfathering" situation for the Lift House in 2019, but still does not modify any condition of approval until such a time as they (the Lift House) offers to open up their approval to for an amendment. Basically, if the Town supports the project as it is proposed, it may result in an unintentional modification of the condition for the Lift House development without due process. Further, if the Town does not honor the condition/1972 code requirement, the Town may be creating a non -conforming situation in regards to parking standards. As a result, both project approvals could be in jeopardy should legal action be necessary to reverse the Town's decision to approve Lazier's project because of the effects to the resulting Lift House condition modification. Essentially, an argument can be made that the Town simply cannot support any offsite reduction in parking that affects this grandfathered condition — regardless of what was physically built — and Lazier must still accommodate the availability of the historically required amount of parking for the Lift House with his new project in order to maintain the conformity of the original approval. LAZIER'S PROJECT REVIEW/CONCERNS The aspects of the Lift House development that may be impacted by Lazier's project include: • A lack of availability of the required parking for the Lift House; • A lack of at least one (1) required loading berth/space, that was/is required; • Removal of the shared trash receptacle used by the Lift House and others currently; • Uncertain modification of ADA access from the parking garage to the existing pedestrian pathway system adjacent to the Lift House. The shared parking, trash and an ADA access route have been utilized as part of the everyday logistical operations of the Lift House lodge and commercial spaces for many years. Lazier's project threatens to affect these elements, as the project stands. While the parking is the only condition that is certain, the removal of the other elements may unreasonably impact the Lift House operational expectations as well. These elements are general expectations of a development. Parking and Loading. The following parking analysis of the Lift House was created for your consideration using existing uses (2019) and current square footages (2017). This analysis answers the question about old versus new code compliance and conceivably demonstrates why at least 69 parking spaces were contemplated in 1972. Where it appears as though the amount of parking being proposed by Lazier is satisfactory, it is unclear if the parking allocation for these shared uses is acknowledged as part of the Lazier project. Importantly, in using the current code, 69 spaces remains consistent as a requirement of the Lift House development, and should be maintained moving forward with Lazier's project. PO Box 116, Minturn, CO 81645 970.331.9791 jsdesigns@outlook.com www.jsdvail.com Lazier's Parking Calculations' Proposed/Other Uses Current No. of Units or Code Requirement: TOTAL Current Use Square Feet of Use Vail Commercial Core Areas Parking Required Residential Condos & EHU 21+2 0.7 space per accommodation unit. Hotels 124 (91 as required via new plat with conference facilities or meeting rooms 0.7 note, + 33) PLUS an additional 30 The Lift House — Residentia13 45 Studio Units space per accommodation unit, plus 1.0 space per 31.5 Loading Berths Offered 0 330 square feet of seating floor area devoted to 154 Spaces +0 Loading Berthes conference facilities or meeting rooms Vail Ski Tech — Service/Retail (Unit C-7) 1688 sq. ft 2.3 spaces per 1,000 sq. ft of net floor area 3.9 Lionshead Jewelers — Retail 4761 sq. ft 2.3 spaces per 1,000 sq. ft of net floor area 11 (Units C-5 & C-6) Montauk— Restaurant 3568 sq. ft 1.0 space per 250 sq. ft of seating floor 14.3 (Unit C-4) area; minimum of 2 spaces Bart & Yeti's — Restaurant 2022 sq ft 1.0 space per 250 sq. ft of seating floor 8.1 (Unit C-2 & C-3) area; minimum of 2 spaces Vail Natural Wonders — 469 sq. ft 2.3 spaces per 1,000 sq. ft of net floor area 1.1 Retail (Unit C-1) Loading Berths Required 1 TOTAL4 69.9 Spaces + 1 Loading Berth Lazier's Parking Calculations' Proposed/Other Uses Current No. of Units Per Application or Initial TOTAL Lionshead Arcade 36 1 Approval/Requirement: Parking Offered Residential Condos & EHU 21+2 32.2 or 33 124 (91 as required via new plat note, + 33) PLUS an additional 30 spaces) Loading Berths Offered 0 TOTAL 154 Spaces +0 Loading Berthes Total Parking Required From Historic Requirement, and, New Development (Lot 1A) PROPERTY EXISTING/PROPOSED LOADING BERTH The Lift House 69 1 Lionshead Arcade 36 1 Lazier's Redevelopment 33 Offered: 0/Required: 1 TOTAL 138 3 PROPOSED TOTAL 154 0 Lazier is proposing a total of 154 parking spaces for his redevelopment, including the parking for the Lift House development. The plat note he was required to add requires 91 (1A) + 52 (2A) spaces, plus, the amount of parking for any redevelopment (33). While his offering of 154 appears to satisfy the needs of the Town and the Lift House parking requirement, Lazier is not providing the original condition for required loading berths- at least one (1) each for the Lift House and Lionshead Arcade, nor for his own project. Per the Town of Vail Code, Lazier is also required one (1) loading berth: Pursuant to Section 12-10-13: Loading Requirements Schedule: Multiple -family dwellings with over 1 loading berth for uses up to 100,000 square feet gross residential 20,000 square feet gross residential floor area, plus 1 additional berth for each 50,000 square feet gross floor area residential floor area in excess of 100,000 square feet 3 If the condo -hotel converts to owner occupied dwelling units, the required parking becomes 1.4 spaces per dwelling unit or 63 parking spaces. 'Square footages based on recent floor survey dated 2017 by Gore Range Surveying. No common areas were included in square footages above. 5 Parking numbers as proposed by Lazier per application currently in process with the Town of Vail. PO Box 116, Minturn, CO 81645 970.331.9791 jsdesigns@outlook.com www.jsdvail.com With no loading berths proposed on Lazier's property, this causes a non -conforming situation for both the Lift House and Lionshead Arcade. It is possible that a shared loading berth may satisfy Code requirements; however, the access and parking layout would have to accommodate the shared berth. Currently, it is not permitted for loading to occur in an access, so where this dedicated loading berth would be placed is uncertain. Trash. A trash storage area is required for all uses. Historically, trash storage is found in a stand-alone building, shared by the Lift House (residential), Arcade, and the commercial uses of the Lift House. The proposed trash that replaces this stand-alone enclosure is INSIDE the Lazier building. A new exterior trash enclosure has not been offered to replace the existing, exterior trash. Due to site constraints, it is imperative that the replacement structure is accessible to the shared uses. Pursuant to 14-10-10.F: Accessory Structures; Utilities; Service Areas: F. Adequate trash storage areas shall be provided. There shall be year round access to all trash storage areas which shall not be used for any other purpose. ADA/Accessible Path. ADA/accessible access from parking garage to existing pathway system. Historical, ADA/accessible access from top deck of previous parking structure should be maintained. It is unclear if this access will be preserved from parking structure to existing pathway- specifically, that portion of the path that accesses the Lift House (see images, next page). The Lift House's request would be for new parking structure to include this ability. Not only to make it easier for persons with mobility issues to get to the Lift House, but also for persons with wheeled luggage, and guests with young children who utilize and/or necessitate strollers. PO Box 116, Minturn, CO 81645 970.331.9791 jsdesigns@outlook.com www.jsdvail.com 8,4 57.5 G-016 STAIRS ? .,8156 t/ t■t■it 16 7 -- a + Images from Existing Lion's View Condominium Project 16 Existing accessible access from former parking garage RECOMMENDATIONS 1. Parking. The Lift House recognizes that it has an obligation to provide 69 parking spaces in order to conform with this condition of development, required by the Town of Vail. In order to maintain conformity of the 1972 conditional approval, the Lift House would like it to be recognized that the new development project of Mr. Lazier will maintain the availability of 69 parking spaces for the Lift House Development. That being said, the rental of any parking spaces shall be allocated privately under a separate agreement between the Lift House and Mr. Lazier. 2. Trash. It appears that it may be possible to provide a trash enclosure exterior to the front of the development, by replacing one of the landscaping islands (with a new enclosure). The project from Mr. Lazier should replace the shared trash enclosure, in order to maintain this historic, common element that is currently utilized by the Lift House and other users. 3. ADA Access from the Parking Structure. The Lift House would like to protect their ability to offer guests ADA access from their new parking arrangement/structure. It is unclear if this project seeks to replace this very important quality of life aspect for guests and users of the shared parking structure. The new parking structure should replace the historical ADA/accessible connection (e.g. wheelchair accessible) to the existing pathway system, as shown in images in this document. Should you need anything further, please do not hesitate to contact me. Sincerely, `/A Jena Skinner, AICP This analysis was based upon whatever information was provided to JSD by the client or as available from either the Town of Vail or Eagle County Clerk and Recorder. It is possible that certain documents may not have been discovered, or, that there may be a code element or regulation that may have been missed when applying current parking standards. This document is to be used for informational purposes only, and it is not to be used as a legal determination or as a legal opinion. PO Box 116, Minturn, CO 81645 970.331.9791 jsdesigns@outlook.com www.jsdvail.com APPLICABLE VAIL CODE EXCERPTS 14-1-4: NONCONFORMITIES: Nonconforming sites and site improvements lawfully established prior to the effective date hereof may continue, subject to the limitations prescribed by title 12, chapter 18 of this code. To encourage redevelopment, there shall be some flexibility granted to existing nonconforming sites and structures. However, wherever possible, compliance with the development standards shall be achieved. The paving of existing legal nonconforming, i.e., unpaved, driveways shall be allowed without strict compliance with the development standards. However, a reasonable attempt shall be made to adhere as closely as possible to the development standards when paving existing driveways. A structure, which is substantially demolished or reconstructed, as defined by "demo/rebuild" in the zoning regulations, shall be required to adhere to the development standards. 12-18-5: STRUCTURE AND SITE IMPROVEMENT: Structures and site improvements lawfully established prior to the effective date hereof which do not conform to the development standards prescribed by this title for the zone district in which they are situated may be continued. Such structures or site improvements may be enlarged only in accordance with the following limitations: A. Lot And Structure Requirements: Structures or site improvements which do not conform to requirements for setbacks, distances between buildings, height, building bulk control, or site coverage, may be enlarged; provided, that the enlargement does not further increase the discrepancy between the total structure and applicable building bulk control or site coverage standards; and provided that the addition fully conforms with setbacks, distances between buildings, and height standards applicable to the addition. B. Density Control: Structures which do not conform to density controls (includes GRFA and dwelling units/acre) may be modified, only if the total gross residential floor area of the enlarged structure does not exceed the total gross residential floor area of the preexisting nonconforming structure. C. Open Space And Landscaping: Structures or site improvements which do not conform to requirements for usable open space or landscaping and site development may be enlarged; provided, that the usable open space requirements applicable to such addition shall be fully satisfied, and provided that the percentage of the total site which is landscaped shall not be reduced below the minimum requirement. D. Off Street Parking And Loading: Structures or site improvements which do not conform to the off street parking and loading requirements of this title may be enlarged; provided, that the parking and loading requirements for such addition shall be fully satisfied and that the discrepancy between the existing off street parking and loading facilities and the standards prescribed by this title shall not be increased. (Ord. 14(2006) § 4: Ord. 29(2005) § 40: Ord. 8(1973) § 20.500) PO Box 116, Minturn, CO 81645 970.331.9791 jsdesigns@outlook.com www.jsdvail.com /49 r�t�e ? July 17, 1972 box 631 . Vail, Engelke Architects 2186 South -Holly Street Denver, Colorado 80222 Sub ject�__"ft house -, Gentlemen: ,1 1 � colorado`81G57 • 3 Q 3 - k 7 6• 5 5 1 3 Revised plans received July 12, 1972 for the above -subject job have been checked In accordance with the provisions set forth in the Uni- form Bullding Code, 1970•Edition, Volumes I and 11 and the 1970 Uni- l±orm Plumbing Code as amended and adopted by the Town of Vail. The Use Zone is CCII; occupancy groups are 13-3, E-2, and H; type of construction is II noncombustible. The following items shall be corrected by revised plans or addendum: I. Submit a copy of your condominium declaration as required by the Colorado Revised Statute 118--15-5 to the Town of Vail, as well as to the State so that we (nay determine theownershIp of common areas, responsibility for maintenance, etc. 2. In accordance with Section 305 (a) and (b), the owner shall employ a special inspector who shall be present at all times during construction on the following types of work: (a) Concrete, including reinforcing (b) Masonry, including reinforcing (c) Structural steel (d) Precast concrete This inspector shall not be anyone employed by the contractor doing the work and shall be approved by this office prior to commencing the work involved. He should report to the Building Official In writing, reporting any Code violations and other required information. 3. A total of 69 parking spaces, 91 x 191, plus one loading berth, 121 x 25', are required for this building. The LionsHead Arcade Building requires 36 parking spaces, plus one loading berth. Wlth these requirements, the 'Jail 21 building requires 58 parkin spaces plus one loading berth. Your new parking garage will /� V) require a total of 163 arkin spaces flus three loading berths, f1 which may be,located elsewhere on the propertles, � i R� �Z ' m Scanned by CamScanner Engelke Architects July 17, 1972 Page 2 4. 1 would, at this time, like to remind you of our meeting of April 27, 1972 when Bob Nott of Vail Associates, Robert Lazier and Chuck Rosenquist, Larry Robinson and I met with regard to the parking structure. The result of this meeting was the decision that occupancy of these two building would not be allowed until the parking structure Is .completed. 5. Please be informed that the building site where work Is in progress or materials are being stored must be fenced and marked with "Hard Hat Area - Authorized Personnel Only" signs, 6. Submit a completed Declaration of Land Allocation, 7. Submit complete mechanical plans Immediately. There are a number ____require mechanlcal ventilation, none of which of areas that will can be checked until these plans are submitted, 8. The first floor commercial area will require a minimum of three water closets in each toilet, men's and women's or mems would be acceptable with two water closets and one urinal. These will take care of all commercial areas, Including the restaurant. 9. West wall of corridor 116 and east wail of vestlbule 120, hall 106, vestibule 105, all walls in lobby 102, and vestibule 124 shall be of not less than two hour noncombustible construction. 10. All construction shall conform with Table'17-A. II. Elevator shaft shall have a minimum of three square feet of ventilation to the outside. 12. Walls between stair and shaft in stair #2 shall be two hour non- combustible construction. 13. All.glass at entry doors and sldelltes shall be tempered or safety glass. 14. All stairways 88" or more in width shall have an intermediate handrail. 15, On a typical floor plan therd appears to be many shafts In the corridor areas, Please note that these must be two hour noncom- bustible construction in accordance with Table 17-A. 16. On addendum #1, you show a two hour wall at the face of the fire- place. In back of the fireplace you already have a precast wall with a hole in it for the chimmney to,go through. This opening should be sealed up for a two hour rating. The two hour wall at the face of the fireplace could then be a one hour wall. 17. In accordance with our Ordinance #6 amending the Uniform Building Code, all exterior wood shall not cover more than 40% of each wall area above the first floor, and shall be fire retardant, 18. Reference Chapter 47, all the plywood roof sheeting shall be fire retardant except that area the Board of Appeals granted a 1 variance for. �+ 19. (Roof shall be one hour rated In accordance with Section 1906 and Chapter 32. 20, A-1 structural frames shall be protected with two hour fire rail g which will be in accordance with Table 43, ^ 0 21. Reference Chi5pter 28, the ceiling over the corridor area next to the stairwell is called with 2 x 6 noncombustible joists. If i this is used in the corridor area, two layers of gypsum board both sides will be required. If the door to this attic area Z is used as shown on the section, all roof members and studs shal be fire retardant treated. = m A Scanned by CamScanner Engelke Architects July 17, 1972 Page 3 22. Both wet and dry standpipes are required. Any questions regarding this item should be referred to Bob McNeill of this Department. 23. With reference to the partial plan -on sheet 3 showing the mechanl- cal equipment and elevator, janitor and stair #I, door #12 between the mechanical equipment room T09 and stair #1 is not allowed. 24. Exit signs shall be in accordance with Section 3312. Please check this section carefully as It appears your exit signs do not meet these requirements, such as separate sources of power, and clearly Indicating the direction of egress. Since a conditional building permit has been Issued and the concrete foundation and footers have been poured and there has not been an engineer for Inspection on the ,Jobsite in the last 10 days, please Inform this office as to who is doing this onsite Inspection at this time, Prior to any deviations from the plans thtt have been submitted for .approval,before work is Sommenced, any changes shall be approved. No inspections will be made on mechanical or plumbing untll such time plans have been submitted and checked. Please submit the above required Information as soon as possible to avoid further delays, If this office can be of assistance at any time regarding this project, please contact us. Yours truly, TOWN OF VAIL f?struble building Official dw cc: Robert T. Lazier Scanned by CamScanner �m C City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: January 28, 2018 ITEM/TOPIC: A request for the review a variance from Section 12-71-1-10, Setbacks, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a side setback of zero feet (0') where ten feet (10') is required for a new multifamily structure, located at 500 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0036) City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: January 14, 2019 PEC Results ATTACHMENTS: File Name Description Pec results 011419.pdf January 14, 2019 PEC Results 0 PLANNING AND ENVIRONMENTAL COMMISSION TOW?J OF ffl January 14, 2019, 1:00 PM Town Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 Call to Order 1. 1. Attendance Present: Ludwig Kurz, Karen Perez, Pam Hopkins, Brian Stockmar, Rollie Kjesbo and Brian Gillette (arrived at 1:05PM) Absent: John -Ryan Lockman Main Agenda 2.1. A request for a recommendation to the Vail Town Council for a Prescribed 2 min. Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, to allow for an increase in the maximum size of a Type III Employee Housing Unit. (PEC18-0031) The applicant has requested this item be continued to the a future regularly scheduled meeting of the Planning and Environmental Commission. This item will be re -noticed at that time. Applicant: Mauriello Planning Group Planner: Chris Neubecker Karen Perez moved to table to a future date. Ludwig Kurz seconded the motion and it passed (5-0). Absent: (2) Gillette, Lockman 2.2. A request for a recommendation to the Vail Town Council for a Prescribed 2 min. Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 14-10-5, Building Materials and Design, Vail Town Code, and Section 14-10-8, Landscaping, Drainage and Erosion Control, Vail Town Code, relating to wildfire protection and the proposed adoption of the International Wildland Urban Interface Code, and setting forth details in regard thereto. (PEC18-0035) The applicant has requested this item be tabled to the January 28, 2019 regularly scheduled meeting of the Planning and Environmental Commission. Applicant: Vail Fire & Emergency Services Planner: Chris Neubecker Ludwig Kurz moved to table to January 28, 2019. Pam Hopkins seconded the motion and it passed (5-0). Absent: (2) Gillette, Lockman 2.3. A request for review of Major Exterior Alteration, pursuant to Section 12-7H- 2 min. 7, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of a new multifamily structure with below grade parking, located at 500 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0034) The applicant requests that this item be tabled to the January 28, 2019 PEC meeting. Applicant: Lazier Lionshead LLC, represented by Braun Associates Inc. Planner: Jonathan Spence Pam Hopkins moved to table to January 28, 2019. Ludwig Kurz seconded the motion and it passed (5-0). Absent: (2) Gillette, Lockman 2.4. A request for the review a variance from Section 12-7H-10, Setbacks, Vail 2 min. Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a side setback of zero feet (0') where ten feet (10') is required for a new multifamily structure, located at 500 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC 18-0036) The applicant requests that this item be tabled to the January 28, 2019 PEC meeting. Applicant: Lazier Lionshead LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence Ludwig Kurz moved to table to January 28, 2019. Pam Hopkins seconded the motion and it passed (6-0). Absent: (1) Lockman 2.5. A request for a recommendation to the Vail Town Council for a review of the 10 min. Vail Land Use Plan map amendment, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the designation of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Medium Density Residential, and setting forth details in regard thereto. (PEC 18-0046) Applicant: Town of Vail Planner: Jonathan Spence Jonathan Spence gave a presentation on Items 2.5 and 2.6 together. They will require separate motions, but will be presented and discussed together. Spence presented the Land Use Plan map, and zoning map. There is no zoning designation on this property. The Town's maps do not have a designation for Land Use or Zoning for this site. Proposal is to apply the same Land Use and Zoning as the adjacent property. This site is part of the Bighorn Townhouses development lot. Medium Density Residential zoning is proposed. Garages for the townhouses are planned by the applicant. Hopkins — Is this still in the avalanche zone? Spence — No — Previously this was in avalanche zone. As a result, the property was transferred to the Town. The map was later amended, based on additional studies. None of these parcels are within Red Avalanche areas. Stockmar — The plat shows a roadway circle. Has that been vacated? Spence — No, not yet. It is planned to be vacated in the future. Dominic Mauriello, representative for Bighorn Townhome Association - . Staff's memo was comprehensive. We have nothing to add. Public Comment — None Ludwig Kurz moved to approve. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Lockman 2.6. A request for a recommendation to the Vail Town Council for a zone district 10 min. boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Low Density Multi -Family District and setting forth details in regard thereto. (PEC18-0039) Applicant: Bighorn Townhouse Association, represented by Mauriello Planning Group Planner: Jonathan Spence Public Comment - None Brian Gillette moved to approve. Ludwig Kurz seconded the motion and it passed (6-0). Absent: (1) Lockman 2.7. A request for the review a variance from Section 12-6F-6, Setbacks, Vail 10 min. Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a rear setback of zero feet (0') where twenty feet (20') is required for a detached garage, located at 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968), and setting forth details in regard thereto. (PEC 18-0038) Applicant: Bighorn Townhouse Association, represented by Mauriello Planning Group Planner: Jonathan Spence 1. "Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal; and 2. The applicant shall clearly demonstrate, via an Improvement Location Certificate (ILC), to the Community Development Department prior to requesting a final planning inspection that improvements have been constructed per plan." 3. Prior to submitting an application for a building permit, they applicant shall record with the Eagle County Clerk and Recorder an amended plat for the subject property which removes the 30' wide road easement that currently encumbers the property. This plat shall include a note that conveys that the subject parcel is not a stand alone development site but rather a part of the Bighorn Townhouse Development Lot. Spence described the proposal. It will be contingent upon the applicant successfully obtaining approvals for Items 2.5 and 2.6, on the zoning and Land Use Map amendment. The applicant has considered several designs for possible garages. The proposed design and layout was deemed the most appropriate. I n the past, lack of an enclosed garage has been deemed a hardship. Dominic Mauriello, representative for Bighorn Townhome Association. — There are 8 units on the property, but only 6 units are allowed. Owners have had to obtain a number of variances, due to some nonconforming conditions. Owners have determined that they did not want additional units, but have focused on building garages. Lack of a garage has been deemed a hardship in this neighborhood in the past. These buildings were built before annexation into the Town. Setbacks we changed for this property after construction of the units. Mauriello showed a map showing the areas of encroachment. He showed how one garage on the south side of the lot would encroach into the setback. The proposed layout was decided to be the best solution. The adjacent property is open space, and not a developed lot. Perez — Does the Town of Vail own Tract C and D? Mauriello — Yes. We felt it was best to maintain the setback on the north, near the road. But feel it's reasonable for the setback variance on the south. There are examples of other properties with similar variances. Perez- Please explain the road easement. If this is vacated, Tract C will not have legal access to a right-of-way. Mauriello — We are only asking to vacate the part of the easement on Bighorn Townhomes property, not that portion on Town property. Perez — My question is if Tract C would be left landlocked if the easement is vacated. Mauriello — Tract C and D are owned by the Town. Access could be provided across Tract D. Perez — Where is Tract A and B? Mauriello — They are the parcels that the Bighorn Townhouses sit on. Public Comment - None Ludwig Kurz moved to approve with conditions. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Lockman 2.8. A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to allow for a subdivision to reconfigure the property line between 2420 Chamonix Road/Parcel D, Chamonix Vail Community (previously known as Parcel B, Vail Das Schone Filing 1), and the 2399 N. Frontage Road W/Vail Das Schone Filing 1, Parcel A, a resubdivision of Tract D, and setting forth details in regard thereto. (PEC18- 0042) This application has been withdrawn. Applicant: Town of Vail, represented by George Ruther Planner: Chris Neubecker 2.9. A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a portion of 2399 N. Frontage Road W./Vail Das Schone Filing 1, Parcel and setting forth details in regard thereto. The rezoning will change a portion of the site from General Use (GU) to Housing (H). (PEC18-0043) This application has been withdrawn. Applicant: Town of Vail, represented by George Ruther Planner: Chris Neubecker 2.10. A request for issuance of a conditional use permit pursuant to Section 12- 61-3, Conditional Uses, Vail Town Code, pursuant to the requirements of Title 12, Chapter 16, Conditional Use Permits, Vail Town Code, to allow for the development of market rate dwelling units within the Housing (H) zone district, located at 2420 Chamonix Road/Parcel D, Chamonix Vail Community (previously known as Parcel B, Vail Das Schone Filing 1) and setting forth details in regard thereto. (PEC18-0044) This application has been withdrawn. Applicant: Town of Vail, represented by George Ruther Planner: Chris Neubecker 2.11. A request for review of a Development Plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code, for the construction of dwelling units and one Employee Housing Unit (EHU) located at 2420 Chamonix Road/Parcel D, Chamonix Vail Development, (previously known as Parcel B, Vail Das Schone Filing 1), and setting forth details thereto. (PEC 18-0045) This application has been withdrawn. Applicant: Town of Vail, represented by George Ruther Planner: Chris Neubecker 2.12. A request for a variance from Section 12-21-10, Development Restricted, Vail Town Code, pursuant to Title 12, Chapter 17, Variances, Vail Town Code, to allow for the construction of a two-family structure with attached Employee Housing Unit on a slope of forty percent (40%) or greater, located at 2420 Chamonix Road/Parcel D, Chamonix Vail Community (previously known as Parcel B, Vail Das Schone Filing 1), and setting forth details thereto. (PEC18-0047) This application has been withdrawn. Applicant: Town of Vail, represented by George Ruther Planner: Chris Neubecker 3. Approval of Minutes 3.1. December 10, 2018 PEC Results Ludwig Kurz moved to approve. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Lockman 4. Adjournment Karen Perez moved to adjourn. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Lockman The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department Ad #: 0000365073-01 THIS ITEM MAY AFFECT YOUR PROPERTY Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Your account number is: 1023233 Environmental C""`7of the Town of Vall w1l hold hearing in th 12- a pudic accordance w sad- 3-8, Vail Torvn Cotle, on January 28, 2019 at 1:00 PROOF OF PUBLICATION pm In the Town of Veil Munlclpal Building. A request in, a mendation to the Val Tow. C.unVAIL ent Vaiall To. DAILY pu suc� to Section 12-3J, entlmist Code, to amend Sedon 12-71-1-12, Density, Val STATE OF COLORADO T.r Code, a, remove the dwaling units per sae hile maintaining the ezistiag dimensian- s� nchude indudin GRFA and buil hei ht in Head Ml.ea�uae 1 ono d ,n P c1e- COUNTY OF EAGLE 00a jon . Applicant: Treetops Condominium Association I, Mark Wurzer, do solemnly swear that I am Publisher of Orwp presented by Maudello Planning the VAIL DAILY, that the same daily newspaper printed, in Planner: Chris Neubecker whole or in art and published in the Count of Eagle, P P Y 9 TI,e appooanpne ana Inomaaon abop„he prppoa- Is ora available nr Public inspe nm during once hours Town Vail Community Developmem State of Colorado, and has a general circulation therein, at the of Depadmsnt, 75 South FroMage Road. The public Is Invned to she nd al,e vlal,a. Plaaae a11970479- that said newspaper has been published continuously and 2138 or visit www.vailg —hV planning for addition - al information. uninterruptedly in said County of Eagle for a period of wlgn24noa9 ofil Wgelancn avallable upon reguea, h ncanon, dial 711. more than fifty-two consecutive weeks next prior to the Published January 11, 2019 in the Vail Dail, first publication of the annexed legal notice or 000036503 advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The VAIL DAILY is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 1/11/2019 and that the last publication of said notice was dated 1/11/2019 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 1/14/2019. Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 1/14/2019. Pamela J. Schultz, Notary Public My Commission Expires: November 1, 2019 PAMELA J. SCHLILTZ NOTARY PUOUC. STATS OF COLORADO N OTA.RY ID ql—(130375 Fly Co.mmisslcn 1,T-Naysmnar,, 2M9 Ad #: 0000371860-01 PLANNING AND ENVIRONMENTAL Customer: TOWN OF VAI L/PLAN DEPT/COMM DEVLM COMMISSION January 28,2019, 1:00 PM Town CO ono it Chambers 75 S. Frontage Road - Vail, Colorado, 81657 Your account number is: 1023233 ,. Call to Order Main Agenda PROOF OF PUBLICATION VAIL DAILY 2.1. A request,°, a recommentlation to the Vail To_act for . pursuaant Amentlmnt t Sectione123-77uAmend- ment, Vaeil Town Code, to amend Section 12-7H-12, STATE OF COLORADO Density, Vail mamann, to remove tiding h a units per acre maximum while maintaining the exist- COUNTY OF EAGLE ing dimensional the Li ds including GR s and asonctg(PECID-0041)i905aneatl Mimed use- 1 zone Applicant: Treetops C -ch minium Association, I, Mark Wurzer, do solemnly swear that I am Publisher of =ended by Mouriello Planning Planner: Chris Ndubdcker the VAIL DAILY, that the same daily newspaper printed, in 22 A request for a recommendation to the whole or in part and published in the County of Eagle, Vail Town Council for a Prescribed RegulationsAmendment, to Secrion 123-7,Amena- State of Colorado, and has a general circulation therein; pursuant e�ild gaMat il ri.l,,LTtl Design, Val Town Code, and that said newspaper has been published continuously and Section 14-10-8, Lantlscaping, Drainage and End - pion Control, Vail TownCode, rela8ngtwn9hept- hadion and the proposed adoption of the uninterruptedly in said County of Eagle fora period of P Y 7 g P InternationalwildlandUrbanIntel—Code,and more than fifty-two consecutive weeks next prior to the setting fo h details in regard thereto. (PEC, B-0035) 2 min. 2.3. first publication of the annexed legal notice or The applicant has requested this item be fabled to the February 25, 2019 regularly scheduled meeting advertisement and that said newspaper has published the of the Planning and Eamonurn ntal Commission. requested legal notice and advertisement as requested. Applicant: Vail Fine &EmergencySe,,— Planner, Chris Neubeckar 2.4. A request for review of Major Exterior Alt bdn, pursuant to Section 12-7R-7, Exterior AI- teplans or Modifications, Vail Town Code, to allow The VAIL DAILY is an accepted legal advertising medium, P 9 g to, construction of s new multifamily structure with below grand pact,^?g, located at 500 East Lionsheatl CirclelLol 3, Block 1, Vail Lionsheatl Filing,, antl only forjurisdictions operating under Colorado's Home s tling forth details in regard thereto. (PEC, B-0034) 4o min. Rule provision. 2.5. Applicant: Lazier Lionsheatl LLC, reprdsdnted by Braun Associates Inc. Planner. Jonathan Spence That the annexed legal notice or advertisement was 2.6. Are quest for the review a variance truth, Section 12TH -10, Setbacks, Vail Town Code, published in the regular and entire issue of every number pursuant to Title 12 Chapter 17, Variances, Vail T— Code, to for; of said daily newspaper for the of 1 insertion; and sdesetbbaacoof—feett(0,1 y tructure,located ad500East �ionshdadcirold/Lot period that the first publication of said notice was in the issue of 3, Block,, Vail Lionsheatl Filing,, antl setting forth details in ragamthe..to. (PEc, e-o93s)2min. said newspaper dated 1/25/2019 and that the last APPbcant bTs,,isr Li—head y Braun Aeso a..,II ncpresen etl publication of said notice was dated 1/25/2019 in the issue Planner: Jonathan Spence 3Approval of Minutes of said newspaper. 3.1. January 14, 2019 PEC Results 4. Adjournment In witness whereof, I have here unto set my hand this day, The applications and information about the propos- als are available for public inspection during regular 1/28/2019. office hours at the Town of Vail Community Develop ment Department, 75 South Frontage Road. The public is invited to attend to project tion orientaaand to site visits tat preCetle the public rie tl in nd Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Gorr - ill consider en item Please call (970) 479- 2138 for additional information. Please call 711 to sign language Interpretation 48 hour or., to meet - Mark Wurzer, Publisher g time Community Development Lepadment PubliSM1etl in fie van Lely January 25, 201 0000371860 Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 1/28/2019. Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 .1Er�E �YM!J MEp!RdF N>�rnavCLg��ru. FIAT -of _C111 11 NOTMZYli1Rgi1�Og9i9A N`/vCfi3.¢CGLM;XPlRI:GAk3Gil57e1,26�i'