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HomeMy WebLinkAboutOne Willow Bridge business office CUP_052410MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: May 24, 2010 SUBJECT: A request for the review of a conditional use permit for a business office, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for a new real estate office, located at 1 Willow Bridge Road/Tract K-L, Block 5E, Vail Village Filing 1, and setting forth details in regard thereto. (PEC100023) Applicant: Vail Dover Associates, LLC, represented by Mauriello Planning Group Planner: Bill Gibson I. SUMMARY The applicant, Vail Dover Associates, LLC, represented by the Mauriello Planning Group, is requesting a conditional use permit for a business office to allow for a new real estate office at One Willow Bridge. Based upon Staff’s review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends denial of this request subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST Vail Dover Associates, LLC, is requesting a conditional use permit to allow for a business office (real estate) in the first floor tenant space at the northeast corner of the One Willow Bridge building at the intersection of East Meadow Drive and Willow Bridge Road. This conditional use permit application is a request for a business office (real estate office) to conduct the sale of One Willow Bridge fractional unit ownerships for a period of two years. The applicant is not proposing any exterior changes to the tenant space at this time. A vicinity map (Attachment A) and the applicant’s request (Attachment B) has been attached for review. III. BACKGROUND In 2004, the Planning and Environmental Commission approved the redevelopment of the Sonnenalp and One Willow Bridge (formerly Swiss Chalet) properties. During construction, a real estate office for the One Willow Bridge project operated in the adjacent Crossroad building. The One Willow Bridge real estate office at Crossroads was removed when that property was redeveloped as the Solaris project. On November 13, 2006, the Planning and Environmental Commission approved a conditional use permit for a Solaris real estate office at the subject One Willow Bridge tenant space. The Commission approved the conditional use permit with the conditions that the Solaris real estate office could only sell real estate products for the adjacent Solaris project and the permit was to expire on June 1, 2009. The purpose of that conditional use permit was to aid the initial real estate sales necessary for the construction of the redevelopment project. The Solaris real estate office is now in the process of relocating from the subject One Willow Bridge tenant space to the Solaris building. The Solaris project has an underlying zoning of Commercial Service Center which allows business offices on any level of a building. However, in keeping with the Town of Vail’s long standing policy of not allowing real estate offices on the first floor or street level in the Vail Village or Lionshead areas, the Solaris special development district does not permit the Solaris real estate office to be relocated to the first floor skating rink/public plaza level of that building along East Meadow Drive. IV. APPLICABLE PLANNING DOCUMENTS TITLE 12, ZONING REGULATIONS Chapter 12-2: Definitions (in part) OFFICE, BUSINESS: An office for the conduct of general business and service activities, such as offices of real estate or insurance agents, brokers, secretarial or stenographic services, or offices for general business activities and transactions, where storage, sale, or display of merchandise on the premises occupies less than ten percent (10%) of the floor area. Article 12-7A: Public Accommodation District (in part) 12-7A-1: PURPOSE: The public accommodation district is intended to provide sites for lodges and residential accommodations for visitors, together with such public and semipublic facilities and limited professional offices, medical facilities, private recreation, commercial/retail and related visitor oriented uses as may appropriately be located within the same district and compatible with adjacent land uses. The public accommodation district is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the district by establishing appropriate site development standards. Additional nonresidential uses are permitted as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the district. VAIL VILLAGE MASTER PLAN Goals, Objectives, Policies, and Action Steps (in part) Goal #2 To foster a strong tourist industry and promote year-around economic health and viability for the Village and for the community as a whole. Objective 2.1 Recognize the variety of land uses found in the 10 sub-areas throughout the Village and allow for the development that is compatible with these established land use patterns. Objective 2.4 Encourage the development of a variety of new commercial activity where compatible with the existing land uses. Vail Village Sub-Areas Mixed Use Sub-Area (#1) The Mixed Use sub-area is a prominent activity center for the Vail Village. It is distinguished from the Village core by larger scale buildings and by the limited auto traffic along East Meadow Drive. Comprised of five major development projects, this sub-area is characterized by a mixture of residential/lodging and commercial activity. There is a great deal of potential for improvements to both public and private facilities in the area. Among these is the opportunity to develop gateway entries to the Village at the 4-way stop and at the intersection of Vail Road and Meadow Drive. It is also a long term goal to strengthen the connection between this area and the Village core area by reinforcing the established pedestrian linkages. Pedestrianization in this area may; benefit from the development of retail infill with associated pedestrian improvements along East Meadow Drive and the development of public access to Gore Creek. A significant increase in the Village's overnight bed base will occur in this sub-area with the development of the final, phase of the Vail village Inn project. In addition, commercial and residential/lodging development potential is identified in sub-area concepts 3, 4, 6 and 8. The completion of these projects will essentially leave the sub-area "built out". #1-4 Sonnenalp East (Swiss Chalet) Infill Commercial infill of north facing alcove of existing structure to provide shops and pedestrian activity. A plaza with greenspace shall be developed in conjunction with the adjacent plaza at the Vail Village Inn. Fire access and on-site parking are two issues to be addressed in the design and development of this project. Special emphasis on 2.4, 2.5, 2.6, 3.1, 3.2, 4.1, 5.1, 6.1, 6.2. V. ZONING ANALYSIS Zoning: Public Accommodation District Land Use Plan Designation: Village Master Plan, Mixed Use Sub-Area Current Land Use: Mixed Use There are no existing development standards affected by this proposal. VI. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Mixed Use Commercial Service Center and SDD No.6 South: Stream Tract Outdoor Recreation East: Mixed Use Commercial Core 3 West: Multiple-Family Public Accommodation VII. CRITERIA AND FINDINGS The review criteria for a request of this nature are established by the Town Code. The proposed business office is located within the Public Accommodation (PA) District. Therefore, this proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 12-16, Vail Town Code. Relationship and impact of the use on the development objectives of the Town. Staff does not believe this proposed real estate office is consistent with the purpose and intent of the Public Accommodation District, the recommendations of the Vail Village Master Plan, or the community’s long standing policy of not permitting offices on the street level of buildings within the general Vail Village and Lionshead areas. The provisions of the Public Accommodation District and the Vail Village Master Plan each allow for limited amounts of office uses within Vail Village. The primary purpose of the Public Accommodation District is to provide sites for lodges and residential accommodations. A “lodge” is a permitted use within the Public Accommodation District with the floor area of retail and restaurant uses within the building limited to 10% of the allowed gross residential floor area (GRFA). Lodges may be allowed have up to 15% with a conditional use permit. The intent of these limitations is to prevent non-lodging uses from creating a departure from the original purpose of the zone district. Many Public Accommodation District zoned properties have limited commercial uses and some properties have existing real estate offices such as the Austria Haus, Mountain Haus, Christiania Lodge, and Phase III of the Vail Village Inn. Staff is concerned the cumulative effect of allowing additional real estate offices within the Public Accommodation District will be the continued departure from the original lodging and accommodation intent of the district. The proposed real estate office is located within tenant space CU-C5 at One Willow Bridge. This tenant space occupies approximately 563 sq. ft. of the approximately 5,310 sq. ft. (11%) of One Willow Bridge’s street level commercial floor area at along East Meadow Drive. During construction of the Sonnenalp/One Willow Bridge (formerly Swiss Chalet) redevelopment project, a temporary first floor real estate office for the One Willow Bridge project operated in the adjacent Crossroad building zoned Commercial Service Center District which allowed offices on any level of the building. The One Willow Bridge real estate office at Crossroads was removed when the property was redeveloped as the current Solaris project. In turn, a temporary Solaris real estate office was approved in the subject tenant space at One Willow Bridge. These temporary offices were intended to aid in the initial real estate sales necessary to facilitate the construction of these two development projects, but were not intended to continue as permanent uses along East Meadow Drive. These real estate offices were intended to be replaced with retail and restaurant uses to create the vibrant pedestrian environment necessary for the long term success of these development projects and the Vail Village as a whole. The Vail Village Master Plan specifically recommends that the Sonnenalp/One Willow Bridge project be redeveloped in a manor that provides additional retail uses along East Meadow Drive to the enhance the pedestrian experience: “Commercial infill of north facing alcove of existing structure to provide shops and pedestrian activity. A plaza with greenspace shall be developed in conjunction with the adjacent plaza at the Vail Village Inn. Fire access and on-site parking are two issues to be addressed in the design and development of this project.” Both professional and business offices are an important element of the Town’s economy and are therefore allowed as a limited use in Town’s commercial core areas. However, the Town of Vail has a long standing policy of not allowing offices uses on the first floor or street level of buildings in the Vail Village and Lionshead areas. Office uses do not provide the community the same vibrant pedestrian experience created by street level retail and restaurant establishments. The pedestrian experience is a key to the economic and social success of Vail Village and Lionshead. The Town has consistently upheld this policy by implementing horizontal zoning regulations in the Commercial Core I, Commercial Core II, Lionshead Mixed Use I, and Lionshead Mixed Use II Districts. The Town has also implemented this policy along East Meadow Drive adjacent to the subject property. In 2004, on appeal the Vail Town Council denied a conditional use permit request for a first floor real estate office along East Meadow Drive in the adjacent Vail Village Inn. The Vail Village Inn project is in a special development district with an underlying zoning of Public Accommodation District. In 2006, the Vail Town Council adopted the Solaris special development district. Although the underlying zoning of the Solaris property is Commercial Service Center which allows offices on any level of a building, in keeping the with community’s long standing policy of not allowing offices on the street level in the Vail Village area, the Town Council adopted limitations in the special development district that prohibit office uses on the first floor along the public plaza/skating rink adjacent to East Meadow Drive. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff believes the proposed real estate office will have no significant negative effects on the above-mentioned criteria as the use would be located within an existing structure. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff does not believe the proposed real estate office will have significant negative effects on the above-mentioned criteria in comparison to existing conditions. The return of the subject property to a retail space will reduce the existing parking requirement for this Sonnenalp/One Willow Bridge development by 0.2 parking spaces. Parking for the subject tenant space was considered for a retail use during the initial approval of the Sonnenalp/One Willow Bridge redevelopment project. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Staff believes the proposed real estate office is contrary to the character of the area intended by the Vail Village Master Plan, and therefore Staff believes this proposal does not comply with this criterion. The proposed real estate office will be located within an existing tenant space; therefore, Staff believes the proposed real estate office will have no significant negative impact on the scale and bulk of the neighborhood. The One Willow Bridge building is located within the Vail Village Master Plan Mixed Use Sub-Area. The Vail Village Master Plan describes the character of this area as follows: “The Mixed Use sub-area is a prominent activity center for the Vail Village. It is distinguished from the Village core by larger scale buildings and by the limited auto traffic along East Meadow Drive. Comprised of five major development projects, this sub-area is characterized by a mixture of residential/lodging and commercial activity.” The Vail Village Master Plan specifically recommends that the Sonnenalp/One Willow Bridge project be redeveloped in a manor that provides additional retail uses along East Meadow Drive to the enhance the vitality of the pedestrian experience: “Commercial infill of north facing alcove of existing structure to provide shops and pedestrian activity. A plaza with greenspace shall be developed in conjunction with the adjacent plaza at the Vail Village Inn. Fire access and on-site parking are two issues to be addressed in the design and development of this project.” Staff does not believe the continuation of a real estate office in the first floor corner tenant space at the prominent intersection of East Meadow Drive and Willow Bridge Road is in keeping with the “activity center” character of the Mixed Use Sub-area or the “shops and pedestrian activity” character of the One Willow Bridge building recommended by the Vail Village Master Plan. VIII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission denies the applicant’s request for a conditional use permit, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code. Staff’s recommendation is based upon the review of the criteria described in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to deny this conditional use permit request, the Community Development Department recommends the Commission pass the following motion: “The Planning and Environmental Commission denies the applicant’s request for a conditional use permit for a business office, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for a new real estate office, located at 1 Willow Bridge Road/Tract K-L, Block 5E, Vail Village Filing 1, and setting forth details in regard thereto.” Should the Planning and Environmental Commission choose to deny this conditional use permit request, the Community Development Department recommends the Commission makes the following findings: “Based upon the review of the criteria outlined in Section VII of the Staff memorandum to the Planning and Environmental Commission dated May 24, 2010, and the evidence and testimony presented, the Planning and Environmental Commission finds: That the proposed locations of the use is not in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. That the proposed locations of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. That the proposed use would not comply with each of the applicable provisions of the conditional use permit section of the zoning code. IX. ATTACHMENTS Vicinity Map Applicant’s request Attachment A 1