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2019-04 Amending Section 12-7H-12 Density, and Section 14-8-1 Site Development Standards
ORDINANCE NO. 4 SERIES 2019 AN ORDINANCE AMENDING SECTION 12-7H-12, DENSITY, AND SECTION 14-8-1, SITE DEVELOPMENT STANDARDS, VAIL TOWN CODE, TO REMOVE THE DWELLING UNITS PER ACRE MAXIMUM WHILE MAINTAINING EXISTING DIMENSIONAL STANDARDS INCLUDING GRFA AND BUILDING HEIGHT IN THE LIONSHEAD MIXED USE-1 ZONE DISTRICT WHEREAS, on December 15, 1998 the Vail Town Council adopted Resolution No. 14, Series of 1998, adopting the Lionshead Redevelopment Master Plan as an official element of the Vail Comprehensive Plan to guide redevelopment in the Lionshead Study Area; WHEREAS, on April 6, 1999 the Vail Town Council adopted Ordinance 3, Series of 1999, establishing the Lionshead Mixed Use-1 zone district; WHEREAS, one of the primary purposes of the Lionshead Mixed Use-1 zone district is to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan; WHEREAS, the Lionshead Mixed Use-1 zone district includes increased density over the previously established zoning in the Lionshead redevelopment master plan study area; WHEREAS, on January 28, 2019 the Planning and Environmental Commission held a properly-noticed public hearing on the proposed amendments and forwarded a recommendation of approval to the Vail Town Council; WHEREAS, the existing regulations are obsolete and need to be updated to further encourage redevelopment in the Lionshead Mixed Use-1 zone district; WHEREAS, amending the density regulations will provide the incentives necessary to encourage redevelopment while maintaining the existing dimensional standards including gross residential floor area (GRFA) and building height in the Lionshead Mixed Use-1 zone district; and WHEREAS, the proposed amendments are supported by the Lionshead Redevelopment Master Plan and the Vail Land Use Plan. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-7H-12 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 12-7H-12: DENSITY (DWELLING UNITS PER ACRE): 1 No limitation on the number of dwelling units per acre permitted Section 2. Section 14-8-1, Site Development Standards, Table 8, Summary of Zoning Setback and Development Limitations, Vail Town Code, only as it pertains to the Lionshead Mixed Use 1 zone district, is hereby amended to read as follows: TABLE 8 SUMMARY OF ZONING SETBACK AND DEVELOPMENT LIMITATIONS LMU-1 35 unite Type IV 10' ' May May 4 70%2 1 20%2 10,000 None n/a 1 71' 150%of Lionshead per acre as a all2 project project average parking mixed 1 or 33% permitted not more not more 82.5 must be use 1 increase use than the than the max.2 i located ever lesser of lesser of within the existing 10'or 1/2 5'or 1/2 main anits-en the the building proper#y required required or setback setback buildings. No limitation on the number of dwelling units per acre permitted Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The amendment of any provision of the Vail Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of March, 2019 and a public hearing for second reading of this Ordinance is set for the 4th d. y of June, 2019, in the Council Chambers of the s cipal = .' . Vail I . ,:*S t.t1 op .44 ® \ � Nave Chapin Mayor ATTEST: 04 ` 1 � • T.MINIW Nage , n -r , �f " eco �sar.x�. READ AND APPR� 'A READING AND ORDE' D PUBLISHED this 4th day of June, 2019. -- ► I _ '.ve Chapi•, MayoV ATTEST: IA ®F' i, • ,vaS !dee . • •• Nagel,'fiovan CI:rj N4ik Oka" 0,4'�O R AS�� 3 ,i---- ----i, 1----i--- '--'7'7„\\.,- _ __---; 9,-,3 ..k. -I---- I 'I, I , I , et / k IL , al '-\-----.------ //' (i \ \ , ,...... 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(I) co \ ..1 .. , ,_ ....._________ a --- t- 1 , i , , o 0 Fp c I <,, , ---_-__J ---,,, i tt, \ / '------------- :c;)) N 0) o .c. / i s 0 ,.. / / t \ i -,----------- H- c. -0 0 ',--` • ! (1) \ • 2 ,st 41 cD 'N. ..•- _..... 0 N \ _...--'----- .-- V___ 0 • , ‘-' o •-* ''... ,.....„--- ..._,-\-- ' .. ..- ATTACHMENT B - APPLICANT NARRATIVE Zoning Amendment ts.n L 0* " a.�`G�� � ��' �'� ,Sar .., ���u tF 548, q W .'tdxlR,d:d a t �Etik4s ., r� es a 53d� Yf t '610 '401 4+e rrJ '� `J• 521 Wto r y� ,'Ac rirrWilitr m 1a2� Modifying the Density Requirements of the Lionshead Mixed Use 1 Zone District Submitted: November 2018 u Mauriello Planning Group 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. m 1 FILA a t 4 4 � r, * r E � �' f I„�%`�^.. y.-�----�--..�-- �t II 7t7WN OF VAIL ZONMG LEGEND r,..za,,z t l 4 t 1 4 1 If ' mss . _ tg—741 1141k�1I1l� IS , 4 eiTERSTATE 70 nurr.,r. ♦ Z n,r.,au t rj: E ♦ • -.---.--*--.--w-- „,,, OI.Vt.n ,liftagg CV.caw vnsr.wn .,y y . =taal-p . SYN ��. •.;....-...t.••••••••‘07,"i s`i-r.• F&J r ar<ao wa rw - acr g� 4 1. sc 4t.-,-., 4 4 = ••• tii+�y,3auwr••• •••..•;i � i -xss E=�• as.c. .-.1Y4 D .,. ' s�<T t �. � . , as .aE 1 1 ter�+ SAIL XIAGE �� / ti III; c u .r4.� • 9th FLING / arrcr� ✓ 7_,,,,_ ) i i '11,7:::%:::-''.7.7 cim • 4 •O •• . +z i . I f wk♦4 # M • •� ��{�� ,..,1.,,,,-;,..v!...-:-,:< .-/-_ ,.. ;S ro ��p bOOGut. aG 'O�Sm 60� pLti Is. :ati .0.040_ _........ �-�,ac3° .u±`eYn_. .....-,+o-e�a*'tc+,+...e: 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. 1 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: Single Fan.H R aidenual(SFR) I fw-Famly P',sty condary Reaidenoal(PSI Residential Custer)RC) 17 ,,4ti ;:q Lionshead _ ■Medium D.nuay MuttpieFan.ly(MDMF) .},' is High Denaay MuMple Fam'Iy1HOMF) KAMIIage Townhouse CM) %.I •M j y-' '. P$ •Hou.ng fHl • 1 lly )°: Public Accommodaton(PA) ''Y ' e d V`P A N PuEllc Accommodar on 2(P121 c mm.mace a(ccn 3 ia ■Commercial Core 2(CC2) • (: - , s f^. a ■c 1�r.31cc31 .y I m ioheed Mixed U.l(Mil) Lenahud M"ud Um,21LMU.2) Cvn.mHvtat Ar«n Can.,(CSC} r r .` 'y4 r." M.rral gudnea IABD) •; - �Y �Haevy Serncaa MS) „ J '"`,f n,: Agdcukur&and Open Space)A, ..,.. r... .'::•a.. ` NnarN A,.,P.a.n,wmnlnwPl *'� Ski BavyRecnxon{SERI I Ski Base/Recnx on 215RR 2) g . •Parking(P) { y 2 .t..i - 2,5 i �Gen Vo(GU) d'`, +,.H . .a ", 't` •r uazo rrai«., 1 `'wi.._.,r...,_r w> - ri«D.«sn.Me 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 redevelopment, additional development potential was necessary, and in that spirit, the purpose statement of the LMU-1 zone reads as follows: 12-7H-1: PURPOSE: 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 2 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 Density Develo•ment Units Dwelling Timeshare (DUs/ ,x ".. Units Acre) Antlers 96 0 9 0 0 1 .21 79.34 Arrabelle 67 0 0 36 0 2.93 22.87 Concert Hall Plaza 0 0 0 0 0 0.26 0.00 � _ Enzian __�WN 12 � 0 y 0 0 0 0.30 40.00 Elevation (proposed) 9 0 3 ' 0 0 0.31 28.66 Evergreen Lodge l 19 0 0 128 0 2.45 7.76 First Chair 0 0 32 0 0 0.75 0.00 Landmark 73 3 2 0 0 1.51 48.84 Lift House 1 45 0 0 0 0.44 27.84 Lion Square Lodge 36 0 0 0 0 0.94 38.30 North Lion Square Lodge 66 2 0 31 0 1 .81 36.74 South and East Lions Pride Building 0 0 0 0 0 0.83 0.00 Lionshead Arcade 14 0 0 0 0 0.32 43.75 Lionshead Centre 25 0 0 0 0 0.90 27.78 Lodge at 48 I 6 ' 0 ' 0 ' 0 2.69 18.40 Lionshead I, II, III 4 Mark Lodge 13 0 0 42 0 0.89 14.61 Montaneros 40 0 0 0 0 1 .01 39.60 The Lion 53 4 1 0 10 1.57 34.39 Tree Tops 29 0 0 0 0 0.90 32.22 Vail 21 21 0 0 0 0 0.36 58.33 Vail International j 56 0 0 0 0 1 .83 30.60 Vail Spa 55 0 0 0 0 3.21 17.13 Vantage Point 47 9 0 0 9 1.53 32.19 West Day Lot i 1 ) I 1 Subdivision (Marriott, Ritz, 122 0 0 276 45 6.82 17.89 Gore Creek Residences)* i , iiI _ i Westwind 35 mm �b 0 0 0 0.87 40.23 1 TOTAL 937 69 47 513 64 i 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 °" I I ,F li sit r1 t, largely disappeared. 111 YIP n 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 yReo owners of units that may not have on - site rental management and services ® ' to short-term rent their d, properties. In summary, „,,.,,,.,, • ' ' • v while neither timeshare units .�a�.a._ •• • nor LDUs were popular """”"Y° "`°"°°"� 0 J development methods, the short-term rental of dwelling • units throughout the town �.tirvIrMleas ma., • has been extremely successful in the creation of ® warm beds. A simple search of VRBO for rentals available in "Lionshead Village, Vail, CO yields over 300 results, indicating the success of The Town's goal of increasing on-line short-term rental sites. 6 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 ger-. , continue to need new dwelling units to fund redevelopment projects. This was a factAr identified in the LRMP in the 1990s, and was ‘117,04,-' N sh based on economic modeling that was y - �,, adopted as part of the appendices of the , ''? ' r —`-- LRMP. The modeling at the time identified a -"Ax t: won need for a 33% increase over existing density ` � °' � • i I � - air to be able to fund redevelopment of existing I: buildings. The LRMP stated: rug 4.-47 .--44-4.4" " y Density (Dwelling Units Per Acre): _ LtTa 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 Arra belle at Vail Square, included 67 dwelling redevelopment of properties. 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: 8 1. 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 -____ - - riX 8-1.1:,ir rerad building face may have a pedesrnrnrslreers,the maximum 36' initial eave intent is tofornI height, at whichpoint the , .i 7.-min segmented s!•eel- �' g frarrrs.raft 16 and j Off` ` 36'maximum cave building face shall step i' ° n :1:777.ar,back a minimum of 12'. '�� lrtsand12 slop • �` hack, Eave hei ht is defined as g a n a .. the distance from finished n 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 9 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-i, 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 current)Y consists of y 28 dwelling units and one on-site manager's unit, which is not deed ,„ restricted. Two units were combined into ‘Y � one at some point in the past. With the x!',` current density limitations, Treetops could =. add 9.57 new dwelling units under the 33% ' � increase allowance. Available GRFA is ,. 1,4rl approximately 60,500 sq. ft. The existing units are approximately 1,200 sq. ft. on average. Treetops is proposing average .,, r, unit sizes of approximately 1,300 sq. ft., � � : : - which equates to approximately 45 --„:4 _ . ii additional units. This unit type and density will allow for the , a' redevelopment of Treetops in such a 'manner a s to achieve the desired Treetops Condominiums, located at 452 E. outcomes of the LRMP . 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 11 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. 1 1.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 12 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 16 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 II Id u Mauriello Planning Group May 22,2019 Town Council Members %Chris Neubecker,Planning Manager Town of Vail 75 South Frontage Road Vail,Colorado 81657 Re:Ordinance No.4-Lionshead Density Amendment Dear Town Council Members: As you are aware,Ordinance No.4,Series of 2019,was passed on first reading on March 19,2019. Second reading of the ordinance was delayed to allow additional time for Town staff,the applicant,and ERWSD to meet and further analyze the impacts of the amendment to future traffic and wastewater demands. The Public Works Department and ERWSD have provided separate memos with their comments. As a reminder,the proposed change to the Lionshead Mixed Use 1 zone district is to allow dwelling units to be treated in the same manner as timeshare units and fractional units. Timeshare and fractional units are dwelling units where there are multiple owners or users of the unit. Other than ownership,there is no difference to the layout or impact of the unit. Today,the number of timeshare and fractional units that can be built on a property is not limited by density requirements,but instead only limited by building height,site coverage limitations,setback requirements, GRFA allowances,and landscape area provisions. The proposal is to allow dwelling units to be developed in the same manner,limited only by building height, site coverage limitations,setback requirements,GRFA allowances,and landscape area provisions. The proposed density language in the proposed ordinance is"No limitation on the number of dwelling units per acre permitted." If the Town Council is uncomfortable with this language,the language could be revised to say"Limited only by the application of other development standards including Height and Bulk,Gross Residential Floor Area,Site Coverage,Setbacks,and Landscaping and Site Development" The analyses provided by Public Works and ERWSD are based upon the notion that allowing dwelling units to be treated like timeshare and fractional units will generate new density in Lionshead not previously anticipated,ignoring the fact that timeshare and fractional units can already be developed to the same degree that dwelling units are being proposed. Both of these analyses conclude that neither traffic or wastewater demands should be a critical reason to not approve the proposed amendment. There are impacts that may PO Box 4777 9 970.376.3318 Eagle,Colorado 81631 u www.mpgvail.com Maurielio Plonnmg Group Page 1 of 2 need to be addressed as development applications are reviewed,but those are evaluated on a case by case basis under the code requirement of Mitigation of Development Impacts. The traffic analysis shows that there could be an increase in pedestrian and vehicular conflicts on East Lionshead Circle. The conflicts that exist there today are largely caused by private shuttle vans,town buses,and random traffic likely engaged in drop-off and pick-up activities. Residential traffic only accounts for about 30%of the traffic. Any development application submitted would need to address traffic issues as part of the review process just like any other development project would. Based on the analysis that has been done,the conclusion is that this amendment will be a positive change for the Lionshead area,will encourage redevelopment,and can be accommodated without significant impacts to traffic and wastewater treatment. We encourage you to approve Ordinance No.4 on second reading. Sincerely, Qj,i1ZA-k) ICL Dominic F.Mauriello,AICP Principal Page 2 of 2 ALL io •i32.- nen nn Nn n M«r 0. 0mew z i n m z ;=1 • _.. Q =Z. • .1..0=. utamu L:ir J w W CL 1511 3E < O s o o o oE;o•c a�olE� g'o I J ' a J ioa5Eb: i I o W_ v E 0 D 0 _ Q of E, v o C E r T E G v `i$ s 3�.,a m 0 ° t. J E s c _Q o E ° z y o vd- a E Z w a d o I- '80 E E 2 E-oc E '12- o o c o T m 'o E a ' o o o o 0 0E4 v�-^2 avo -oE EE = EE E Eo v c°- Z o m v a m y m m `o'FFE-, d m W 11'11'0 l' o O n '_8,1'1' z ge oa om c000000 P�P • NN__ _0101_"0a 18 a 01 O o2i E W $:4 i R > - _m m _ - - - v?. W 0 o2 LU 0dN o N c. a i-� o�o_oo_o`1"c''''' o ,om"a, -N c 0 c o 4 Q ♦n e 7, Z0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0, 04 r O fl J LL , 0'0 0 0 00 7 0000 > 000000 o o � � Cn W00000 00000000000-00000 0 (0 c 0 0 0 0 0 0 01014 010000.0000000000. 0 •, gg ZJ a v - P C n-A -n- FL''.2 v N N H v a Q ; o H Z 0 W I o o o a Q -Z < �= 2� F- E. ° ° 8,8,2-8213A-§ 3' oaH � 2 na o',-oor r o •_c"Q � 2 1oYojtav00 '0 00 • ^ ° p _QQMtc ° oaaov .V Fy-8 O m-DsOOOMMOTO-g- 0_ N i QUwwwS j OOOtdj>j> 3 O rA EAGLE RIVER WATER & SANITATION DISTRICT MEMORANDUM TO: Chris Neubecker, Dominic Mauriello FROM: Jason Cowles, Len Wright DATE: 5/20/19 RE: Lionshead Mixed Use 1 Zone District 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 amendm ent to the zoning regulations to amend Section 12-7H-12: Density (Dwelling Units per Acre). The applicant is requesting that the density be changed to unlimited; but that all other zoning standards related to building height, GRFA, setbacks, parking, etc. remain unchanged. 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. ERWSD completed a Wastewater Master Plan Update in 2017 to plan for achieving regulatory compliance with new nutrient standards. The Master Plan allowed ERWSD to negotiate an alternative regulatory compliance schedule with the Colorado Department of Public Health and Environment at its wastewater treatment facilities in Vail, Avon and Edwards. The Plan recommended $105m (in 2017 dollars) in capital improvements to the District's three wastewater treatment facilities and created an implementation schedule over the next 15 years that is designed to meet the new nutrient regulations while managing rate increases to customers. The capital improvement schedule resulting from this master planning effort is shown below in Figure 1. Note the alternative regulatory compliance schedule negotiated with the Colorado Department of Public Health and Environment(dates denoted on the top of the timeline with red lines). The Vail Wastewater Treatment Facility is due to be compliant by the end of 2032. The plan is based on assumed growth in Vail at 1.14% per year in wastewater generation. This growth factor was arrived at by looking at historic growth rates in the service area. While growth is considered in the Capital Improvement Schedule in Figure 1, actual growth may exceed projections as a result of the zone change, which would accelerate the need for the Vail project. If the Vail project is accelerated (due to start in 2029) the cost schedule will overlap with earlier projects, resulting in higher annual costs and compounded customer rate increases. If future real estate market forces drive unit density upwards in this Zone District beyond what was assumed for overall growth in the ERWSD Capital Improvement Program, it could effectively use capacity that would have been used to serve other growth areas in the service areas. While this is a hypothetical planning exercise, it is important to note that future market forces will drive when and where growth occurs. Clean Water.Quality Life," 846 Forest Road Vail. Colorado 81657 Tel (970)476-7480 Fax (970)476-4089 erwsd.org ..1 R5i52 4' 2 SI 94 17 i '' staas I I saa3 i fil S %Ras • 4 - a ; 1 § I R tl a a g :1: e 1 g 4 031 § Z g§ 1 P I 3 I A 1§ !1 " ..-; 7. - . •• •f• 1I ! 1 1 I i §.1§al N' . ...," 0' I ., „...12,24 51 , 51. §§x io .7E: 1 f 1 §! t 0 D 3' t 8 8 a 8 oTo 6 a to g 7 ,0 vh RiaR z-s crz Ai ! 1. 1 ! - till ; /1 I ,7 ; .1 1: ..- ,..,.. _ 7.7' i.-, : 2 2 t : TA - iilt ::;:. c..12. ,:. , - g ' '2 '''''',:' k a'11 k GIL I j ca2 o.: 44 i I LLI 3 .§ ? 7. to 2 8 8 U5 g 1 t •I -i 4 < 111 it R a I id ii. i.1:11' '.. I . 17, -0 3 3 1 g m o I u• - , 0 V i' i i 1 I IJ I i .i B 0 ul u_ ,..) 7e 02 ATTACHMENT D - MEMO FROM TOWN ENGINEER TOWN OF . . Memorandum To: Community Development Department From: Public Works Department Date: 6-10-19 Subject: (PEC18-0041) LMU-1 Density The Town of Vail Public Works Department offers the following additional comments regarding 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. 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 net new traffic generating units may ultimately be proposed if the LMU-1 zone district is amended as proposed. As indicated in the comment memo dated January 28, 2019, the traffic generation assumptions within the adopted Vail Transportation Master Plan (VTMP)would largely go unchanged if this zoning change were approved. Therefore it is expected that the zoning change would not impact the VTMP recommendations along the South Frontage Road. However, this change could have some impacts to the local roadways, East Lionshead Circle and West Lionshead Circle. Town staff looked specifically at East Lionshead Circle, since it has much higher volumes of traffic and pedestrians, and could have the greatest potential for redevelopment. Based on the table developed by MPG, assuming 1600 square foot units, it was conservatively estimated that approximately 320 new units could be developed that would have access off East Lionshead Circle. If built, this could generate approximately 112 to 125 new vehicle trips during the PM peak hour(ITE: 0.5 per unit less 30% multimodal reduction, Actual Count Average: 0.39 per unit). There are currently approximately 400 peak PM hour vehicular trips on East Lionshead Circle, thus potentially increasing overall traffic by—30%. The impacts on East Lionshead Circle that might be of concern include; • Pedestrian Conflict Impacts: An increase of 112 new vehicle trips would have some impacts on the frequency of conflicts at the East Lionshead Circle crosswalk • Intersection Delay: An increase of 112 new vehicle trips will have a minimal impact to general roadway traffic delay, other than pedestrian conflicts mentioned above, however it will likely increase delay for left turns out of East Lionshead Circle. Pedestrian Conflict The town, in partnership with Treetops, acquired new traffic counts along East Lionshead Circle from the western most paver crosswalk to the Dobson Ice Arena, including pedestrian counts, on Saturday March 23rd Based on this information we identified that approximately 1300 people cross East Lionshead Circle during a PM peak hour, while approximately 180 vehicles cross this crosswalk during the PM Peak hour. Of those 180 vehicles; • 34% are for Residential Development trips • 12% are Town Buses • 33% are Private Shuttles • 21% is other, likely unnecessary (See Attached Count Summary Map) The projected increase of 112 vehicular trips would increase the traffic going across this crosswalk to - 300 vehicles per hour at PM Peak hour. This would increase the average number of vehicles from crossing the crosswalk from one every 20 seconds to one ever 12 seconds, thus increasing the frequency of pedestrian conflicts but not necessarily the severity. Alternatives to lessening this impact could include: • Gating this lower section of East Lionshead Circle at the existing median thus eliminating unnecessary traffic (-37 PM Peak Hour), and slowing traffic down before entering the crosswalk from the west. • Relocating Vail International's access point to the Frontage Road, if possible, as contemplated as an idea in the Civic Area Plan, thus reducing PM peak hour trips by 23 existing and 29 of the net new potential trips. (-52 PM Peak Hour) • Relocating Shuttles (unlikely) • Limiting development along East Lionshead Circle Intersection Delay Town staff has reviewed the recent previous traffic studies completed by Fox Tuttle Hernandez Transportation Group for a separate development along East Lionshead Circle, which provides additional insight on the impacts to the left turn movement. • East Lionshead Circle has plenty of capacity to handle the existing and potential through traffic. • At PM peak hour East Lionshead Circle's traffic volume is approximately 400. Town of Vail Page 2 • Of that 400, there are currently approximately 120 vehicles making a left out of East Lionshead Circle. • This existing volume combined with the corresponding traffic volumes along the South Frontage Road results in a LOS of D for the left turn movement, with a queue of 1 to 2 cars, and a -30 second delay. • The potential 112 new trips would yield about 30 additional vehicles making a left turn movement. With these additional trips the LOS would remain a D, but with a queue of 3-4 cars, and a -40 second delay. This could be alleviated by eliminating left turns for passenger cars. Also, a roundabout has been studied at this location in the past and it is extremely difficult to fit in, requiring 16'+ walls along the interstate. Adding this amount of additional trips will have minimal impacts to the functionality of the East Lionshead Circle intersection. Though any additional trips above the projected 30 may require the left turn bay to be increased and may have further delay impacts on the In-Town bus route. Conclusion In general, East Lionshead Circle will likely be able to handle the projected traffic with minimal impact other than an increased frequency in pedestrian conflicts at the existing crosswalks. 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Th �.t I - -4 'fir ''f } > '� ti It... �_ QaW � 4 , V. u it u Z Q : Ci v 1.14 t Buz. _ a Fo U r� Z " V) 8 O F� u: o a n z 41)i c I, ' r111011011111 \--HSi ‘ •,<, Now \ ilf 11 2i. a. :� ° 111 ; 1 Z - fit, �, ■u�l z V ka oit r° a z N i W illin:Alij„.,.., , ct a lull" u_ 1\j 11, Z 1 I ii \ I2 Q D 0 p 7 ._ , .1411 ,i e-, it ofidil i} ° Z?'1.77-1) 41 \.%-..e.-.0 , 0 jIc, vCo r !1,,,,.. 0 „, (..0 h ii. c5 : .#t 4'-, TOWN OFT) 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 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. Ill. 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 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 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. 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. Town of Vail Page 4 CHAPTER 12-2-2: DEFINITIONS OF WORDS AND TERMS (in part) ACCOMMODATION 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 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. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: 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 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. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: 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 OFA 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 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 B 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. 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. 3(1999) § 1) 12-7H-8: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission and the design review board that the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead mixed use 1 district, that the proposal is consistent with applicable 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 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 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 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 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 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 1. 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. 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