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HomeMy WebLinkAboutEHU Letter from George Ruther 043019 TOWN OF51) 75 South Frontage Road West Housing Department Vail, Colorado 81657 970.479.2150 Mr. Rob Levine April 30, 2019 680 West Lionshead Place Antlers Condominium Association Vail, CO. 81657 Dear Rob- The purpose of my letter is to clarify and document the deed-restricted employee housing obligation and opportunities at the Antlers at Vail, located at 680 West Lionshead Place. In July of 1999, the Town of Vail Planning & Environmental Commission approved a major exterior alteration application to redevelop a portion of the Antlers Condominiums. This approval, in part, required the mitigation of development impacts by providing two, deed- restricted employee housing units (see PEC memorandum dated, July 12, 1999). In May of 2000, the Antlers Condominium Association caused seven (7) dwelling units to be deed-restricted for employee housing subject to a restrictive covenant recorded with the Eagle County Clerk & Recorder's Office. The dwelling unit numbers are #122, #222, #322, #422, #522, #622, & #722. Each of the dwelling units is 485 square feet in size. For purposes of clarity, Units #122 and #222 were deed-restricted to fulfill the obligation of the July 12, 1999 major exterior alteration approval. Units #322, #422, #522, #622 & #722 are presently deed-restricted, however, they remain eligible to be applied to a future inclusionary zoning or commercial linkage development mitigation obligation pursuant to Sections 12-23-7 & 12-24-7, Mitigation Bank, of the Vail Town Code. Sincerely, George Ruther, AICP Housing Director Town of Vail MEMORANDUM • TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 12, 1999 SUBJECT: A request for a major exterior alteration, a conditional use permit to allow EHU's, conference facilities, and multi-family dwelling uses on the first floor of the building, and a variance from Section 12-10-10, parking requirement, to facilitate the redevelopment of the Antlers Condominiums at Vail, located at 680 W. Lionshead PI./ Lot 3, Block 1, Vail Lionshead 4th Filing. Applicant: Antlers Condominium Association, represented by Robert LeVine Planner: George Ruther I. DESCRIPTION OF THE REQUEST The applicant is requesting a major exterior alteration to the Antlers Condominiums pursuant to the Lionshead Redevelopment Master Plan. The applicant's proposal includes adding 24 new, two and four bedroom condominium units, 7 new EHU's, a banquet/meeting room, administration offices, a skier room, new levels to the existing pa ng structure to add 25 new spaces, and • other miscellaneous improvements to the common areas, storage areas and administration areas of the building. The new construction will add approximately 49,785 square feet to the existing building. Of the 49,785 square feet of new building area, 35,265 square feet is residential area (24 condominiums/7 ehu's), 9,065 square feet is common areas, and 5,455 square feet is storage and administration areas. The exterior of the existing building will also be upgraded. The applicant is proposing to remove all the T-111 siding from the building, repair and replace the chimneys, implement streetscape improvements along Lionshead Place, modify an existing pool deck encroachment upon the bike path, and cooperate with the Marriott to improve the landscaping along the common west property line. Each of these improvements is intended to bring the building into compliance with the goals and recommendations of the Lionshead Redevelopment Master Plan. The applicant is requesting a conditional use permit, pursuant to Chapter 16 of the Zoning Regulations. A conditional use permit is necessary as the applicant is proposing multi-family dwelling units,,ployee housing units and a small conference facility on thefirst floor of the building. Pursuant to Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, each of the previously described uses is a conditional use requiring a conditional use permit to be issued. Lastly, the applicant is also requesting a variance from Section 12-10-10 of the Zoning Regulations to allow for a reduction in the number of required parking spaces. Pursuant to the Zoning Regulations, 56 parking spaces are required based upon the new uses proposed within the building. The applicant was originally proposing to construct 25 new spaces and was requesting a variance of 31 spaces. However, the applicant has revised the 1 TOWN OF PAIL Parking level plans and is now proposing valet parking spaces. The total number of valet spaces proposed is 72. If the revised parking level plans are approved by the Town Engineer, a parking • variance will no longer be necessary. If a variance for parking is required, the applicant shall be required to contribute to the Town's Parking Fund for those spaces not provided on-site. The variance request is discussed in greater detail in Section VIII of this memorandum. II. STAFF RECOMMENDATION The Community Development Department recommends approval of the proposed major exterior alteration to allow for the construction of 24 new condominiums, 7 employee housing units and the other various improvements, the conditional use permit to allow multi-family dwelling units, employee housing units and a conference facility on the first floor of the building, and the variance from Section 12-10-10 of the Town Code to allow for a reduction in the parking requirement. Staff's recommendation of approval of the three requests is based upon the review of the criteria outlined in this memorandum. Staff would recommend that the Planning & Environmental Commission approve the applicant's proposal, subject to the following findings: 1. That the proposed location of the 24 new units, the employee housing units and the conference facility is in accordance with the purposes of the Zoning Regulations and the purposes of the Lionshead Mixed Use—1 zone district in which the site is located. 2. That the proposed location of the Antlers Condominiums and the 24 new units and the conditions under which it would be operated or maintained will not be • detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use complies with the goals and recommendations of the Lionshead Redevelopment Master Plan. 4. That the granting of the parking variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the Lionshead Mixed Use—1 zone district. 5. That the granting of the parking variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity of the Antlers. , 6. That there are exceptions or extraordinary circumstances or conditions applicable to the same site of the parking variance that do not apply generally to other properties in the Lionshead Mixed Use—1 zone district. Staff's recommendation of approval is also subject to the following conditions: 1. That the owner/applicant ensure that the utilities to this site are all placed underground for the entire length of the site prior to the issuance of a Temporary Certificate of Occupancy for the development. 2 • { 1 2. The applicant shall provide a performance bond to the Town of Vail with the Town • of Vail as the beneficiary in the amount of $72,800 to financially secure the applicant's proportionate cost for improvements to the east and west intersections of the South Frontage Road and West Lionshead Circle. The bond shall be established prior to the issuance of a building permit and the duration of the bond shall be for a period of 8 years from the date of building permit issuance. Should the intersection improvements not be commenced within the 8 year period the Town of Vail shall release the applicant and/or its successors of the financial obligation of the performance bond. 3. That the owner/applicant obtain approval by the Town of detailed civil engineering drawings for all proposed improvements including roadway, streetscape and drainage improvements, prior to the issuance of a building permit The streetscape improvements shall comply with the Lionshead Master Plan and extend from the Marriott property line to the bike-ped path between the Antlers and Lionsquare Lodge on Tract A. 4. An easement shall be established that allows pedestrian-bicycle use of any sidewalk that encroaches on the subject property, prior to the issuance of a building permit. 5. The northside pedestrianramp shall bemodifie modified so it does not interfere with the sidewalk. q cr vok-il 13lw.ca4 azo 6. The owner/applicant shall deed restrict the •Type HI Employee Housing Units in accordance with the Zoning Regulations, prior to obtaining a Temporary • Certificate of Occupancy on the proiect. TW 0 C aci S7nl-Aq t. 7. The southeast corner of the swimming pool deck shall be removed so that it does not overhang the bike-ped path. The applicant shall enter into an agreement with the Town that requires the sight distance and grading of the path around the pool to be improved within 5 years to the satisfaction of the Public Works Department. 8. A maintenance agreement shall be established that requires the applicant to maintain the landscaping on the Town owned parcel of land that is immediately east of the Antler's parcel, prior to the issuance of a building permit. 9. The building plans, rooftop mechanical plans, landscape plan, tree protection plans, and dumpster enclosure details shall be reviewed and approved by the DRB, prior to the issuance of a building permit. 10. The applicant shall improve the north bank of Gore Creek from the trees that are southeast of the swimming pool to the east parcel line by removing all debris and materials that have been dumped, and restoring the bank to an appropriate vegetative state. 11. That the applicant contribute to the Town's Parking Fund for those required parking spaces not provided on-site. The contribution shall be made prior to the issuance of a building permit. II 3 12. That the Town Engineer review and approve the proposed parking level plans prior to the issuance of a building permit. • III. PROS & CONS The proposal will enhance the Lionshead village economically by providing more units that will bring more people. The appearance of the village will be enhanced by the upgrading of the existing building and by the addition of the new building which meets current design guidelines. The redevelopment will act as a catalyst for other property owners in the village to upgrade their properties. On the other hand, the appearance of the existing building is not being improved significantly. The new addition could affect adjacent properties by impacting their views and sunlight. And the proposal does not include any accommodation units, although the condominiums are often rented out. IV. COMPARISON OF EXISTING TO PROPOSED BUILDING Existing Proposed Total Units: Units: Units: 70 condos 24 condos 94 condos 2 EHU's • 7 EHU's 9 EHU's GRFA: 52,640 sf GRFA: 34,950 sf GRFA: 87,590 sf 41 Site Coverage: • Site Coverage: Site Coverage: 8,971 sf 12,012 sf 20,893 sf Parking: 89 spaces Parking: 56 spaces Parking: 145 spaces V. ZONING ANALYSIS The Lionshead Mixed-Use District (LMU-1) was recently adopted by the Town Council. Afterwards, the applicant requested that this proposal be reviewed under the LMU-1 provisions. The proposal includes the following new uses which require approval of a conditional use permit: Use Floor per Plans Zoning Floor Description Employee housing units (EHU) 1, 2, 3 basement, basement, first Conference facilities first Multi-family dwelling units 3 first 4 9 The following is an analysis of applicable zoning provisions: Standard Allowed by LMU-1 Proposed Lot Area: Min. 0.23 acres or 10,000 sq. ft. 1.19 acres or 51,836 sq. ft. Height: Ave 71', max 82.5' 36' to 74' Setbacks: 10' on all sides min 10', except for decks, etc Site Coverage: 70% or 36,285 sq. ft. 41%or 20,983 sq. ft. Landscaping: 20% or 10,367 sq. ft. 22% or 11,133 sq. ft. including Tract A to east Parking: 56 spaces required 56 spaces GRFA: 2.5:1 GRFA per buildable site area Or 129,590 sq. ft. 87,590 sq. ft. Density: 33% increase or 93.1 units 94 units EHU'S = 0 density 7 units Loading/Delivery: 1 berth required 1 berth • Chapter Seven of the Lionshead Redevelopment Master Plan, along with the Lionshead Mixed Use—1 zone district, prescribe the development standards for the property. Staff believes the proposed plan complies with the applicable development standards prescribed for the property with the exception of parking. In the case of the parking requirement there is a deficient of ???? spaces. The applicant is requesting a parking variance as part of this proposal. The parking variance request is discussed in detail in Section VIII of this memorandum. VL EMPLOYEE HOUSING REQUIREMENTS As indicated in a number of the goals and objectives of the Town's Master Plans, providing affordable housing for employees is a critical issue which should be addressed through the planning process for large scale development proposals. In reviewing the proposal for employee housing needs, staff relied on the Town of Vail Employee Housing Report. This report has been used by the staff in the past to evaluate employee housing needs. The guidelines contained within the report were used most recently in the review of the Austria Haus development proposal. The Employee Housing Report, was prepared for the Town by the consulting firm Rosati, Remmen and Cares. The report provides the recommended ranges of employee housing units needed based on the type of use and the amount of floor area dedicated to each use. Utilizing the guidelines prescribed in the Employee Housing Report, the staff analyzed the incremental increase of employees (square footage per use), that results from the redevelopment. A copy of the Suggested Employment Categories and Ranges for Vail Expressed as Employees per 1000 Square Feet has been attached for reference. • 5 The figures identified in the Housing Report are based on surveys of commercial-use employment needs of the Town of Vail and other mountain resort communities. For ! comparison purposes, Telluride, Aspen and Whistler B.C. all have employment generation ordinances requiring developers to provide affordable housing for a percentage of the new employees resulting from commercial development. New employees are defined as the incremental increase in employment needs resulting from commercial redevelopment. Each of the communities assesses a different percentage of affordable housing a developer must provide for the new employees. For example, Telluride requires developers to provide housing for 40% (0.40) of the new employees, Aspen requires that 60% (0.60) of the new employees are provided housing and Whistler requires that 100% (1.00) of the new employees be provided housing by the developer. In comparison, Vail has conservatively determined that developers shall provide housing for 15% (0.15) or 30% (0.30) of the new employees resulting from commercial development. When a project is proposed to exceed the density allowed by the underlying zone district, the 30% (0.30) figure is used in the calculation. If a project is proposed at, or below, the density allowed by the underlying zone district, the 15% (0.15) figure is used. The Antlers development proposal exceeds the density permitted by the underlying zone district, and therefore, the 30%figure shall be used. EMPLOYEE HOUSING GENERATION ANALYSIS The staff analysis below indicates a recommended figure which was used in determining the employee housing needs of the Antlers Condominiums. A summary of the Employee Housing Generation Analysis is as follows: Staff Recommended Range Calculations: 41 The staff believes that the Antlers Condominiums will create a need for9.6 (101 additional employees. Of the additional employees, at least 2.8 3 em•lo ees 30°° wil •--. . •- provided deed-restricted housing by the developers. a) Multi-Family Dwelling Units =24 units @(.4/unit) = 9.60 employees Total = 9.60 employees (X 0.30 multiplier) = 2.88 new employees Depending upon the size of the employee housing unit provided, it is possible to have up to two employees per bedroom. For example, a two-bedroom unit in the size range of 450 - 900 square feet, is possible of accommodating three to four employees. These figures are consistent with the requirements for the Type III employee housing units outlined in the Municipal Code. The applicant has proposed to provide a minimum of seven new employee housing units. Thes- units are in addition • • L. • •x' 'i. nit . The units would be deed- restricted as Type III EHU's. 6 • VII. CONDITIONAL USE PERMIT REVIEW CRITERIA • Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: fi 1. Relationship and impact of the use on development objectives of the Town. A major development objective of the Town is the redevelopment and improvement of the Lionshead village. The proposal would help achieve this through the new addition, the facelift of the existing building, and improvements to the streetscape, bike-ped path and landscaping. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. The proposed use should not have any significant negative effect on these factors. The mass and design of the proposal have been reviewed by the Design Review Board. The proposal should draw more users to the Lionshead Village. Access has been reviewed by the Public Works Department; and the applicant will have to contribute to the off-site roadway improvements fund. Utilities and schools should not be heavily impacted. And the bike-ped path would be improved by removal of the overhanging deck. • 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability,and removal of snow from the streets and parking areas. The proposal has been reviewed for its effect on transportation by the Public Works Department which has requested numerous changes to the proposal throughout the processing of the application. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The applicant met several times with the Planning and Environmental Commission and the Design Review Board and made many changes to the proposal based on their comments. The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of this Title and the purposes of the district in which the site is located. • 7 2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the , public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of this Title. VIII. VARIANCE CRITERIA AND FINDINGS Before acting on a variance application, the Planning and Environmental Commission shall consider the following factors: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The applicant is requesting a variance to allow for a reduction in the required number of parking spaces. According the Zoning Regulations, the applicant is required to provide 56 new parking spaces. The new spaces are for the 24 new condominiums and the employee housing units. The applicant has proposed to provide 25 spaces. The applicant believes that 25 new spaces in addition to the 89 existing spaces will meet the needs of the entire project. Staff believes that given the proximity of the Antlers Condominiums to the ski yard, the retail shops and restaurants in Lionshead, the easy access to the town bus system and the availability of the regional airport in Eagle, the 114 structured parking spaces will • meet the needs and intent of the parking requirement. Additionally, given the existing nature of the building and the development on the site, staff believes the applicant is severely limited in terms of providing all the parking on the site unless a demo/rebuild were proposed. 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. Staff has reviewed the plans to determine if an alternate parking structure configuration could be proposed. Based upon our review, staff believes that the applicant has maximized the parking structure to the extent possible. The structure has been designed to meet the minimum requirements necessary to insure adequate traffic flow and ease of vehicle operation. Staff believes that the applicant is requesting the minimum amount of deviation necessary from the parking space requirements to achieve the intended objectives without resulting in 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. 8 • Staff does not believe that the requested parking variance will have any negative • impacts on the immediate and surrounding areas. Necessary Findings: The Planning and Environmental Commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: � 6 a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. IX. LIONSHEAD MASTER PLAN The recently adopted Lionshead Master Plan contains provisions regarding height, stepbacks, form and massing, articulated walls, sloped roofs, dormers and other break- ups of rooflines, balconies and handrails, chimneys, detail and ornamentation, and variation of materials and finishes. Staff believes the proposal complies with the intent and goals of the Master Plan. Specifically, the proposal will renew and redevelopment an older building in Lionshead that has been targeted for redevelopment, provide a stronger economic base to the Lionshead area in general, improve both pedestrian and vehicular access along Lionshead Place and increase the vitality and overall amenities available to our guests in Lionshead. Additionally, the proposal complies with the recommended actions stated in the Plan in Section 5.14, Antlers Lodge. F:\EVERYONE\PECWIEMOS\99\ANTLR.712 9 June 22, 1999 411 The Lionshead Master Plan and enabling ordinances discuss the need to assess for the construction of specific reasonable off- site improvements related to specific developments. The Master Plan has identified close to $15 million in Frontage Road improvements from the main vail roundabout to Cascade Village. This is a distance of approximately 7300 ft. and will contain approximately ten major intersections. The Town has requested from the Colorado Department of Transportation, $5 million to provide these improvements. The Town of Vail is prepared to pay an additional $5 million for the project. The remaining $5 million is assumed to directly be attributable to the ten intersections; equaling $500, 000 per intersection. Those developments accessing the two intersections of West Lionshead Circle will be contributing to the improvements of these two intersections . In order to determine, at this time, the attributable number of trips to each intersection, the combined trips of both intersections were determined. The Traffic Study for the Lionshead Master Plan shows an increase of vehicle trips at both intersections of 127 trips in the a.m. peak period for a total of 640 trips and an increase of 195 trips in the p.m. peak period for a total of 795 trips. The Antlers' proposal expands an existing meeting room and adds 7 new EHU' s in the existing building. The change of uses within the existing building was not looked at as affecting the final numbers in the Master Plan. The addition to the project adds 24 new units. The Saturday peak hour factor, an average of both peak periods, is .738 trips/Dwelling Unit (DU) . 24 DU's times .738 = 17.7 new trips. This equals 17.7/195 x100 = 9 .1%of the total new peak hour trips at the two intersections. 9 .1%of $1, 000, 000 is $91,000. This is the amount the Antlers owes for improvements to the frontage road. The Town has agreed to 80% of $91, 000, which equals $72, 800. Note: Detailed costs of the intersection are not known at this time. As more accurate costs become available, the contribution can be adjusted. If a TIF mechanism is established which off sets the developers contribution, then if this development contributes significantly to the TIF, those contributions can be credited toward the payment. If a special assessment district is ' established payments toward improvements can be credited toward 411 the assessment. MAR-07-00 16.23 FROM.TOV-COM-DEV-DEPT. ID.97047E2452 PAGE 1/2 t R " 9t) ' ' TYPE Ill EMPLOYEE HOUSING UNIT WHEREAS, /i'7�rre S (D�+ll oN/IN/vM kW. Is the owner of certain property("lbe Ownat')described es: 'ntitJ; " 17:1 1 L- 4.0") ir ✓") ir i' /1.2.. 24.2- 32L,a ytL, 4'22.. , (v1.1� ¢- -4-TA. ("tire Property");and WHEREAS,the Owner wishes to place certain restrictions on the use of a unit or apartment located on the Property for the benefit of the Owner and the Town of Vali,Colorado('the Town"). NOW,THEREFORE,the Owner does hereby impose.establish,acknowledge,declare for the benellt of all persons who may hereinafter purchase,or lease,or hold the subject lend the following restrictions,covenants.and conditions,all of which shall be deemed to run with the land and inure to the benefit and be bonding upon the Owner, Its respective grantees,successors,and assigns q1.1,13,-2,1., bZ (1.tar 42Z r 722- 1. Unit or Ape , - ,containing li square feet,is hereby restricted as a Type In Employee Housing Unit(EHU)which must comply with*lithe provisions of Sections 18.57.020, 18.57.030.and 18.67.080 of the Vail Municipal Code as amended. 2. The Type III Employee Housing Unit shall be leased to tenants who are full-time employees who work in Eagle County. An EHU shall not be leased for a period less than thirty consecutive days. Cr For the purposes of this section,a full-time employee is one who works an average of thirty hours � each week 3. A Type III EHU may be sold.transferred,or conveyed separately from other dwelling units or k , Employee Housing Units that may be located on the same lot or within the same building so long as ammis it meets the following conditions: r a) It must be used by the owner of the EHU as a permanent residence. For the purpose of j , aims mewN o this paragraph,a permanent residence shall mean the home or place in which one's -u' is habitation is fixed and to which one,whenever he or she Is absent,has a present intention w 01 . of returning after a departure or absence therefrom,regardless of the duration of absence. mom to)CO in determining what is a permanent residence,the Town staff shell take the following =re;m circumstances relating to the owner of the residence into account business pursuits. 0)Z employment,Income sources,residence for income or other tax purposes,age,marital , Emig 61 E 8 m status,residence of parents,spouse and children if any,location of personal and real elrmr ea e.9 property,and motor vehicle registration. . e.9 cl mem 10 irte• •e.9 b) if a Type III EHU is sold,transferred,or conveyed separately from the other dwelling units mom ire ti and/or Type 111 Employee Housing Units in a multifamily structure it is a part of,or from tNM 191 IX other dwelling units and/or Type Ill EHUs located on the same lot,the Type Ill EHUs In the o fA esti __er min 61 4I. structure or on that lot shall be subject to all the provisions set forth in Section 18.57,020. 4. The Type III EHU shell not be divided Into any form of timeshares,interval ownership,or fractional fee ownership as those terms era defined in the Municipal Code of the Town of Vail. 5. No later than February 1 of each year,the owner of each employee housing unit within the town 111111 which le constructedfolloingtate effective dateofthis chaptershall submittwo copies of a report 11 I 1d1 11111 ... ;. Fin N�•= - * 'Ti_ v1.5sat,,,_.-. ...ix,,....,..e+.Y:_.a,4 ,i--,x,..,.::.sI 4i4X'ic..,. . ':.S.r';H&a..l '.4..i .> 3 . Ri,'rj.. .-11r,t. # *.e.1.o_,3._..