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HomeMy WebLinkAboutPEC110062 R[�r�r�in�g and Er��riranrn�mtal �C�r�mi�sc�n ��T��3N F�1F�1�1 � - � � [��p��tr�ent �F �Com�nunity ��+vel4pm�rrt ���� �� i 75 54uth Fr€lr�ta{J� 1�4ad, �V.�i�, �C�aloradn 516,�7 t�l: 970.4��.2139 fax; �7�.479.Z452 •.:+�,tt�.Jt,i��'rC�4EL0�'k1Et��+ 1'kr��� WW'Vs��.V�[�i]4V,[-.01'11 Project Name: Amend LMU-1 to add office CU PEC Number: PEC110062 Project Description: Amend LMU-1 to add office uses as a permanent conditional use on the first floor of buildings- Recommendation of Denial by PEC. No TC action as of 2/2/12 Participants: OWNER VAIL COLORADO MUNICIPAL BLDG 11/29/2011 75 S FRONTAGE RD VAIL CO 81657 APPLICANT 450 BUFFALO PROPERTIES LLC il/29/2011 Phone: 970-476-7781 PO BOX 331 BOULDER CO 80306 APPLICANT MAURIELLO PLANNING GROUP, LL 11/29/2011 Phone: 970-748-0920 PO BOX 1127 AVON CO 81620 License: C000001697 Project Address: 75 S FRONTAGE RD W VAIL Location: Legal Description: Lot: Block: Subdivision: UNPLATTED Parcel Number: 2101-064-0000-3 Comments: BOARD/STAFF ACTION Motion By: Kurz Action: DENIED Second By: Rediker Vote: 6-0-1 Date of Approval: Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail stafF and/or the appropriate review committee(s). Planner: PEC Fee Paid: $1,300.00 �� ""��' Qepartrrsent of Community Der�elopmeni r- 75 Scsuth Frontage F#aad �r��� �� ���� _ VaiI,CC381657 �0�, �� ���� T�I:97fl-479-2i 2$ (� www.vaiigoa.�ssm � �_i�,���,� �, ,�, , , . �`� De�elapment Rer�iew Coordinatbr �Imendment tv Distric� Bc�undaries �Rez�rning) a�r Zan'rng +Drdinance A�rplication fo� Fteview k�y tt�e Planning and Er�vrirvnmental Comnnissivn Ceneral In#ormatian; An amendment a#tha zaning r�gulations csr change in zon�district bawnd�ri�s may be initiated by the Town Gauncil,�y the Planning and EnViranmenial Commissis�n, by pet+tion of any resicler��o��roperty owner in the Tawn,c���ay th�Administr�tor. I�equired Griteria anc�findings for such petition are s#ateci in Section 12-3-7C,Wai'I Towr��ode, Refevant sectians of the'Vaii Tawn Cn�e can be faund an the Town`s website at www.wailgov.cann. The proposed pra}ect rrray also req�'tre ath�r permits or ap{�lications ancf�'or reuiew by th��?esigr� Review f3oard andl'or Tawn Counc�i. fec: $13�10 aescrip#f4n o#the Request: '°`n°�nd LMU-1 to add o�ce uses as a permarrent conditional �s�on the first flQOr of buiidtngs_ Physical Address; Parce#�lum�er: qConiacl Eagle Cs�. Ass�ssor at 970-328-864�fvr parcel na.y F'rnpe�ty�wner: 450 Bu#Fafa Praperties Li,.0 'Malling Address: PO 8ox 33'i B�a�lder, CC$03Q6 (97+D}476-77$1 �Pha�re: � �_�. Qwner's Slgnature: Q�C� � v L � :�-� t-.L� Primary Cnntactl flwner Representati�e: �O���i° �a�riei�o, ' ��� Ma�ling Address: p�$°����� " Eagie, C�81631 Phane: �70.376.3318 E-M3il: dominic@mpg�ai{.com Fax: Far Offit�e Lls�Only: �ash_ CC: ViSd/ MC l..asst�CC �fi �xp. �ate: A�th # CheCk #� Fee Paid� 1���� - - — - �ec�?iwed From: ��) �,,�(��1�7 �1"L�p_; h�eet�ng []a e: �_��Z-�u � l t PEC N+�.: '��t�l� [��t� � Planner: .- - — - Prc��ect Na: 's �'� � � `�'�� � `� 24n�ng: La�d Use: Lacatian af the Propasal, I�flt: E31ock: Subdivision: _ Dl<Au�-11 1MU� �'� ��I� � TOW�N �F �fAlt � Memorandum To: Planning and Environmental Commission From: Community Development Department Date: January 9, 2012 Subject: A request for a recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to 12-3-7, Amendment, Vail Town Code, to amend Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow professional and business offices as a conditional use on the first floor or street level, and setting forth details in regard thereto. (PEC110062) Applicant: 450 Buffalo Properties, LLC, represented by Mauriello Planning Group Planner: Rachel Dimond I. SUMMARY The applicant, 450 Buffalo Properties, LLC, is requesting a recommendation to the Vail Town Council for prescribed regulations amendments to allow professional and business offices as a conditional use on the first floor or street level in the Lionshead Mixed Use 1 (LMU-1) District. Based on the evidence and testimony presented at this hearing, and the criteria in Section V, Staff recommends that the Planning and Environmental Commission forward a recommendation of denial of the proposed amendments to the Vail Town Council. For reference, attachments include the applicant's request, entitled "Zoning Text Amendment: Allowing Professional & Business Offices as a Conditional Use on the First Floor or Street Level of a Building in the Lionshead Mixed Use 1 Zone District" (see Attachment A) and a vicinity map detailing the extents of the Lionshead Mixed Use 1 District (see Attachment B). II. DESCRIPTION OF THE REQUEST The applicant, 450 Buffalo Properties, LLC, is requesting a recommendation to the Vail Town Council for the following text amendments: • Add "professional and business offices" as a conditional use on the first floor or street level to Section 12-7H-3B in the Lionshead Mixed Use 1 (LMU-1) District. • Establish use specific criteria for "professional and business offices" in the LMU-1 District in Section 12-16-7 as follows: 12-16-7A-17: Professional and business offices in the Lionshead Mixed Use 1 Zone District: a. Shall only be permitted in locations that do not otherwise interfere with primary retail activities that generate sa/es tax revenue b. Shall only be permitted in areas where retail may not be viable due to specific constraints including but not limited to grade changes, lack of frontage or access to the primary pedestrian walk, physical separation from other retail uses, or vehicular interference. c. Offices for real estate agents and real estate sales displays shall be excluded. III. BACKGROUND On September 16, 1975, the Vail Town Council adopted Ordinance No. 16, Series of 1975, An Ordinance Amending Zoning Ordinance by Imposing Horizontal Zoning in CC1. The purpose of this ordinance was "...to maintain and preserve the character of the Vail commercial area", "...to continue the balance between the many commercial and residential uses permitted in the Commercial Core 1 District", and "...to promote a variety of retail shops at the pedestrian level." At the time, professional and business offices were a conditional use on the first floor or street level in CC1. Horizontal zoning was implemented in the commercial core areas in part to allow primarily retail and restaurant on the first floor of Vail Village. These are uses that promote a lively commercial core, and also promote the collection of sales tax. These uses create a certain feel for visitors that give them shopping and eating experiences that lead to a positive visit. On August 30, 1977, the Department of Community Development sent a memo to the Town Manager summarizing zoning amendments to implement growth management, based on recommendations by the Growth Management Committee. Recommendations included adding horizontal zoning to the Commercial Core 2 District. Ordinance No. 50, Series of 1978 was adopted on January 16, 1979 and, among many other amendments to the Zoning Regulations, removed "professional and business offices" from the conditional uses on the first floor or street level in Commercial Core 1 and amended the Commercial Core 2 District to allow the same permitted and conditional uses as the Commercial Core 1 District, thus adopting horizontal zoning in Lionshead. On December 15, 1998, the Vail Town Council passed Resolution No. 14, Series of 1998, which adopted the Lionshead Redevelopment Master Plan. On April 6, 1999, the Vail Town Council adopted Ordinance No. 3 and No. 4, Series of 1999. Ordinance No. 3, Series of 1999 established the Lionshead Mixed Use 1 and Lionshead Mixed Use 2 Districts and Ordinance No. 4, Series of 1999, rezoned Lionshead from Commercial Town of Vail Page 2 Core 2 (CC2) District to Lionshead Mixed Use 1 and Lionshead Mixed Use 2 Districts, thus continuing horizontal zoning policies in Lionshead. On November 16, 2004, the Vail Town Council adopted Ordinance No. 26, Series of 2004, which established "temporary business offices"as a conditional use in the Lionshead Mixed Use 1 District. "Temporary Business Office"is defined as: "An office for the conduct of general business and service activities for a duration of time not to exceed three (3) years, subject to an annual review by the Planning and Environmental Commission to verify the applicant's compliance with the conditions of approval, to accommodate the displacement of an existing office in the Town of Vail due to redevelopment for insurance agents, brokers, secretarial or stenographic services, or offices for general business activities and transactions, where storage, sale or display of inerchandise on the premises occupies less than ten percent (10%) of the floor area. A temporary business office shall not include offices of real estate agents." On August 7, 2007, the Vail Town Council adopted Ordinance No. 22, Series of 2007, which amended the definition of "temporary business office"and added use specific criteria for reviewing conditional use permits. The definition of "temporary business office"was amended to: "An otfice for the conduct of general business and service activities and transactions for a limited time period to accommodate the temporary displacement of an existing business office within the Town of Vail due to redevelopment construction activities." On January 8, 2008, the Vail Town Council adopted Ordinance No. 39, Series of 2007, which amended the definitions of "basement or garden level" and "first floor or street level" to provide clarification on these terms. Ordinance No. 39 states that "the intent of this `horizontal zoning'technique is to encourage a vibrant retail environment adjacent to the pedestrian areas of both Vail Village and Lionshead; while also facilitating mixed use developments composed of office, residential and commercial uses." "Professional and Business Offices" are a permitted use in the Commercial Core 3, Commercial Service Center and Arterial Business Districts on all floors. In the Commercial Core 1 and Commercial Core 2 Districts, they are permitted on the basement or garden level and on the second level and above and prohibited on the first floor or street level. In the Lionshead Mixed Use 1 and 2 District, "professional and business offices" are permitted on the basement or garden level, a conditional use on the second floor or above, and are prohibited on the first floor or street level. "Professional and business offices" are a conditional use in the Public Accommodations District and are prohibited in the Public Accommodations 2 District. Town of Vail Page 3 IV. APPLICABLE PLANNING DOCUMENTS TITLE 12: ZONING REGULATIONS (in part): 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. 8. 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 /essen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established communitv gualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development obiectives. 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. ARTICLE 12-7H, 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. Town of Vail Page 4 This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead redevelopment master plan. Additionally, the incentives are created to help finance public off site improvements adjacent to redevelopment projects. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. 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. 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. 8. 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. 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. Town of Vail Page 5 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. 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. 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. 8. 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 sa/es 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. 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. 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 6 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. 8. 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. 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. 12-7H-5: CONDITIONAL USES; GENERALLY(ON ALL LEVELS OF A BUILDING OR OUTSIDE OF A 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. Town of Vail Page 7 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. 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS: The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by section 12-16-6 of this chapter. A. Uses And Criteria: 14. Temporary business offices: a. Offices for real estate agents shall be excluded. b. The storage, sale, or display of inerchandise on the premises shall occupy /ess than ten percent (10%) of the office's floor area. c. Off street parking shall be provided in accordance with chapter 10 of this title. d. Signage shall be provided in accordance title 11, "Sign Regulations'; of this code. e. The business and service activities and transactions of a temporary business office may only be conducted for a limited time period, not to exceed three (3) years. Unless the time period is limited to a shorter duration, the approval of a conditional use permit for a temporary business office shall expire and become void within three (3) years from the initial date of approval. The planning and environmental commission may grant a subsequent extension to a conditional use permit approval to allow a temporary business office to continue activities and transactions beyond the original time period limit, if the commission determines special circumstances and/or conditions exist to warrant such an extension. An extension may only be granted for the minimum time period necessary to facilitate specific redevelopment construction activities that achieve the town's goals, policies, and objectives, but in no event may such an extension be allowed for more than three (3) years without additional review. f. A conditional use permit approval for a temporary business office shall be reviewed by the planning and environmental commission on an annual basis to verify the applicant's compliance with the conditions of approval. Town of Vail Page 8 V. REVIEW CRITERIA The following are review criteria for prescribed regulations amendments, with Staff response below: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and Staff finds the proposed text amendments do not further the general purpose of promoting "the coordinated and harmonious development of the town in a manner that will conserve and enhance.. its established character as a resort.. community of high quality,"as allowing professional and business offices as a conditional use on the first floor in the LMU-1 District will not further the resort character of the community. While offices add full-time workers to the area, to frequent buisinesses even in the off-season, the presence of offices on the first floor will not enhance the resort community as they will displace retail and restaurants uses that do enhance the resort community. The proposed text amendments will not further the specific purpose of the zoning regulations of conserving and maintaining "established community qualities and economic values"as a reduction in retail and restaurant uses on the first floor due to increased office uses would reduce the established community quality of creating a tourist retail and restaurant commercial core in Lionshead would be compromised. While offices would enhance vitality during the off-season when fewer tourists are present, the reduction in retail and restaurant outweighs that benefit. Staff finds the proposed text amendments do not further the specific purpose to "encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives"as the inclusion of office on the first floor in Lionshead would not be harmonious with the primarily retail and restaurant uses on the first floor in the remainder of the district. Staff further finds that the proposed text amendments do not further the purpose of the Lionshead Mixed Use 1 District, which states that the "ultimate goal of these incentives is to create an economically vibrant lodging, housing and commercial core area." The presence of offices on the lower and upper levels in LMU-1 can contribute to this goal without reducing retail and restaurant uses, but on the first floor, displacement of retail would not create a vibrant commercial core. 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 the proposed text amendments do not further the goals, objectives and policies within the Lionshead Redevelopment Master Plan, which is part of the Vail Town of Vail Page 9 Comprehensive Plan. The Lionshead Redevelopment Master Plan suggests the following: "Skiers are spending less time skiing and more time shopping, dining out, and enjoying other off-mountain activities. As a result, the demand for qualitv retail shopping and a preater 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." The provision of office on the first floor will only displace this much needed retail and dining experience. The Lionshead Redevelopment Master Plan Objective 2.3.1 states that "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." Staff finds that this objective will not be met with additional offices on the first floor, as they do not contribute to the coherent character of Lionshead as a retail and restaurant hub for tourists. Objective 2.3.2 calls for vitality and additional amenities, which offices will displace as well. Staff finds the proposed text amendments do not further goal 2.1 within the Vail Land Use Plan, which states "the community should emphasize its role as a destination resort while accommodating day visitors,"as offices do not emphasize the destination resort. Further, Staff finds the proposed text amendments are not in line with the development objective of the Town that the commercial cores get rid of grandfathered uses over time, replacing them with conforming uses that meet the goals of horizontal zoning. 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; and Staff finds that conditions have not changed substantially since the adoption of the subject regulations in 1979 that removed offices as a conditional use on the first floor or street level in Lionshead. While economic conditions may lend themselves to difficulty in finding new retail and restaurant tenants, this should not be the reason to change horizontal zoning, which has consistently improved the economic conditions of Vail over time. While the Town wants to keep offices in Vail, conditions have not changed enough to warrant allowing offices on the first floor within LMU-1. 4. The extent to which the text amendment provides a harmonious, convenient, Town of Vail Page 10 workable relationship among land use regulations consistent with municipal development objectives. Horizontal zoning is one of the most important underlying policies driving land use regulations in the Town of Vail. Horizontal zoning was implemented to create a balance among commercial and residential uses, with commercial uses permitted in the lower, main and second floors and residential uses permitted on second floor and above. Further, commercial uses were broken down into uses appropriate for the lower or garden level versus the first floor or street level. The first floor or street level has been reserved for retail and restaurant uses in order to enhance the vitality of the commercial cores, which in turn provides a guest experience that goes beyond skiing and incorporates shopping and eating as primary activities in the commercial cores. Staff finds the proposed text amendments do not provide a harmonious, convenient, workable relationship among land use regulations, as allowing office as a conditional use on the first floor or street level will reduce the effectiveness of horizontal zoning. Further, Staff finds the proposed text amendments, specifically the proposed use specific criteria, are not harmonious with other land use regulations, nor are they enforceable or effective. The first criteria, which takes into account the lack of sales tax generation of a space, is not effective, as it is subjective to the use previously occurring in a space. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. VI. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of denial for a prescribed regulations amendment, pursuant to 12-3-7, Amendment, Vail Town Code, to amend Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow professional offices, business offices and studios as a conditional use on the first floor or street level, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of denial for this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of denial to the Vail Town Council for a prescribed regulation amendment, pursuant to 12-3-7, Amendment, Vail Town Code, to amend Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow professional and business offices as a conditional use on the first floor or street Town of Vail Page 11 level, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section V of the Staff inemorandum dated January 9, 2012 and the evidence and testimony presented." Should the Planning and Environmental Commission choose to forward a recommendation of denial for this request, the Community Development Department recommends the Commission makes the following findings based upon a review of Section V of this memorandum, and the evidence and testimony presented: "The Planning and Environmental Commission finds: 1. The amendment is not consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is not compatible with the development objectives of the Town; and 2. The amendment does not further the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. The amendment does not promote the health, safety, morals, and general welfare of the Town and does not promote 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." VII. ATTACHMENTS A. Applicant's request "Zoning Text Amendment: Allowing Professional & Business Offices as a Conditional Use on the First Floor or Street Level of a Building in the Lionshead Mixed Use 1 Zone District" dated November 25, 2011 B. Vicinity Map of Lionshead Mixed Use 1 District Town of Vail Page 12 ���."sn � -���3 � .�iV.w{� s. ,�� � ti ., � �p °�r....�° � - � �` ��' .�.j� �A+ - � ti+ • s;..� yr"4 c,a�f� d4. � - , r`t Sti+ > . g ''a . :.v ' �'?r .f�� •, �t „���� " s���'..xy•.,• t� o- ; 5,if,y sr�g'G = .,�`�� II � . �q� y :.� �`r+Fw�;. . �a L . . _. - �W. r � h i �' ,1s� G+r-eiy. �. k..�-�r r. -.,,�r �,f°., ..e•� .. y' :. . � _ � '�r` X,� �.�Ft�.fti__�' ➢� .�;::,����"`' .' ��'h�:..^�'!_'�+'���,..k'$ �.,.��";�''I'. .'�!„�`- { i/� �,`+���� 'n.',Y �f �e4. �� - 1 :�. . 1 i y�1 y r ,���� � `-�,.'�"7' ��� r.. ��T ,{..'�pa' e �r __ �'' b � ' � � ., � '-�-; ��•`5'd��^"�{�+T � �{ � � . • b' y�*y4q+f'efi � L^ . - .,� � 4 _ ..l � ._ , . �t,�{v � .�$.. �� tF�ijA �J Is. .� L i�"�•` v� i .' �}r. a�y+ rI`� ',yg �i. . ,�. v yP�'/�, yo`�� : °' �$ � � E t°'A'' n�.�''-a .v"�,te,a,1 er��. a7�a �. �Y,L�_..� .S�•. •.k'Y`�':�Ia '�.i.. �6•"'� ._....r°,�•�.`'���� • ��•J�'l�#'�iLS�a_�s��+..'.��.�}"d�`kii�70�!a • on � n � m �n m �n � Allowing Professional & Business OfFices as a Conditional Use on the First Floor or Street Level of a Building in the Lionshead Mixed Use 1 Zone District Submitted: November 25, 2011 � � � Mauriello Planning Group lntroduetion The applicant, 450 Buffalo Properties, LLC, represented by Mauriello Planning Group, is requesting a text amendment to the Lionshead Mixed Use-1 (LMU-1) Zone District to allow professional and business ofFices as a conditional use on the first level or street level of a building. Currently, the LMU-1 Zone District allows professional offices as a permitted use at basement or garden level and as a conditional use on the second level or above, but does not permit them except as a temporary use on the first level or street level. Along with adding professional and business ofFices as a conditional use, the applicant is proposing adding "Use Specific Criteria" to Chapter 16: Conditional Use Permits. The additional criteria will aid the Town in determining the appropriateness of the conditional use permit, and provide additional guidance to property owners considering ofFice space on the first level or street level of a building. Allowing for professional and business offices as a conditional use in Lionshead creates opportunities for new and expanding industries, such as health and wellness, to locate in Vail. The proposed language is provided below (language to be added in indicated in bold-italic): Section 12-7H-3: Permitted and Conditional USes; First Floor or Street Level: B. Conditional Uses: The following uses shall be permitted on the first floor or street level floor wirhin 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. eeauty 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. Professional and business offices. Temporary business offices. Theaters. 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS: The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by section 12-16-6 of this chapter. 17. Professional and business offices in the Lionshead Mixed Use-1 Zone District: a. Shall only be permitted in locations that do not otherwise interfere with primary retail activities that generate sales taxes revenues b. Shall only be permitted in areas where retail may not be viable due to specific constraints including but not limited to grade changes, lack of frontage or access to I the primary pedestrian walk, physical separation from other retail uses, or vehicular interference. c. Offices for real estate agents and real estate sales displays shall be excluded. �aekground The Vail Town Code currently provides definitions for both "business ofFice" and "professional office;' which are provided below: 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 inerchandise on the premises occupies less than ten percent(10°oJ of the floor area. OFFICE, PROFESSIONAL: An office for the practice of a profession, such as offices of physicians, dentists, lawyers, architects, engineers, musicians, teachers, accountants, and others who through training are qualified to perform services of a professional nature, where storage, sale, or display of merchandise on the premises occupies less than ten percent(10°0) of the floor area. In addition, the Town recently added a definition for "temporary business office:" OFFICE, TEMPORARY BUSINESS: An office for the conduct of general business and service activities and transactions for a limited time period to accommodate the temporary displacement of an existing business office within the town of Vail due to redevelopment construction activities. Thie definition of temporary business ofFice and allowance of the use on the first floor or street level was added based on concerns during the "Billion Dollar Renewal" was temporarily displacing ofFice uses within Lionshead. Unlike other zone districts, LMU-1 only allows ofFice uses as a permitted use at the basement or garden level of a building. Office is not allowed at the first level or street level of a building, and at the second level and above, is only allowed with a conditional use permit. At the time of the adoption of the Lionshead Redevelopment Master Plan and the subsequent adoption of the Lionshead Mixed Use zone districts, preference was given to the higher-sales-tax generating uses like retail and restaurant, with less emphasis on office uses. The following table is provided to compare other commercial zone districts and the allowance of ofFice uses: Zone District Allowance for Office Uses Public Accommodation Conditional Use Commercial Core 1 Permitted Use- basement or garden level, second level and above. Not allowed on first level or street level Commercial Core 2 Permitted Use- basement or garden level, second level and above. Not allowed on first level or street level Commercial Core 3 Permitted Use Commercial Service Center Permitted Use Arterial Business Permitted Use 2 Zone District Allowance for Office Uses Heavy Service Conditional Use Lionshead Mixed Use 1 Permitted Use- basement or garden level Not allowed on first level or street level, except temporarily as a conditional use Conditional Use-second level and above Lionshead Mixed Use 2 Permitted Use- basement or garden level Not allowed on first level or street level, except temporarily as a conditional use Conditional Use-second level and above Public Accommodation 2 Not allowed In LMU-1 Zone District, the list of permitted and conditional uses allowed on the first floor or street level includes many uses beyond retail or restaurant. A list of the permitted and conditional uses is provided below: Permitted Conditional Banks, with walk-up teller facilities. Accommodation units. Child daycare centers. Attached accommodation units. Eating and drinking establishments. Beauty and barber shops. Employee housing units, as further regulated by Conference facilities and meeting rooms. chapter 13 of this title. Recreation facilities. Electronics sales and repair shops. Retail stores and establishments. Financial institutions, other than banks. Skier ticketing, ski school and skier services. Liquor stores. Travel and ticket agencies. Major arcades. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, and lodge dwelling units. Temporary business offices. Theaters. It is interesting to note from the list of uses above that residential uses are allowed on the first floor in Lionshead and yet the Town has not been inundated with requests for dwelling units on the first floor. This is probably due to a variety of reasons including high rents that can be charged for retail and restaurants, the understanding by property owners that such a use would likely not be approved in a viable retail location, and the desire of most property owners within Lionshead to have a vital and 3 vibrant commercial district. The same will be true for professional and business offices if allowed by conditional use. OfFice uses will only make sense in those locations that are not viable for retail uses. This amendment allows the conversation but does not guarantee approval of an ofFice use in first floor location. In 2009, a similar application to amend the LMU-1 Zone District was submitted by the applicant. At the time, the Town Staff recommended denial of the application. Subsequently, the Planning and Environmental Commission recommended denial, and ultimately the Town Council denied the application. However, since that time, it has been suggested by members of the Town Council that is may be appropriate to revisit this option, especially as concerns have risen about the loss of office space in Vail. A developer's decision to include office space in a development plan may be influenced by other factors and requirements that are placed on the development of these sorts of uses, including the Town's employee housing requirements and parking requirements, in addition to market demand. To illustrate this, a brief analysis has been provided below of 1,000 sq. ft. of various uses developed in the LMU-1 Zone District: Use EHU Requirement Parking Requirement Average (1,000 sq. ft.) Annual Rent Dwelling Unit 100 sq. ft. 1.4 spaces NA Accommodation Unit .14 employees or 49 sq. ft. .7 spaces NA Retail .48 employees or 168 sq. ft. 2.3 spaces $45-$80/sq. ft. Eating and Drinking 1.35 employees or 472.5 sq. ft. 2 spaces* $45-50/sq. ft. Establishment OfFice .64 employees or 224 sq. ft. 2.7 spaces $30/sq. ft. * Based on assumption that half of floor area is dedicated to seating area. Based on these requirements, there is a clear incentive to build some uses versus other uses. OfFice uses have much higher employee housing and parking requirements than retail or residential uses, and generally do not generate as much rent. When comparing the average prevailing rents that we obtained talking to a local commercial real estate professional, a property owner is encouraged to look for a retail and restaurant users before considering an ofFice tenant. In general, a property owner is going to have to settle for less rent when considering an ofFice tenant. �enefits of Offiee Uses There are significant benefits to encouraging ofFice uses in Lionshead: • OfFice uses provide a year-round population base who dine in the restaurants and shop in the stores; • OfFice uses bring in additional customers who will likely also visit other businesses, retail establishments, and restaurants; 4 • Office uses serve to support other important industries within the Town (i.e. ski industry, health and wellness, retail, etc.); • OfFice uses serve the needs of local residents and guests, allowing services to be provided in town rather than down valley; • OfFice uses provide well-paying, year-round employment for local residents; • OfFice uses diversify the local economy; • Office uses create vibrancy and vitality in the off-seasons; and • Because these under performing spaces often sit vacant, office uses help to maintain the appearance of success and vitality. niseretionary �pproval As proposed, the Town will be given great discretion as to the approval of any Professional or Business Office within the LMU-1 zone district. The approval of a Conditional Use Permit is at the discretion of the Planning and Environmental Commission with the Town Council retaining the ability to call-up the approval. The Town will have the ability to place limitations on the use, ranging from time limitations to appearance requirements. The criteria and necessary findings for the approval of a Conditional Use Permit are provided below: 12-16-6: CRITERIA; FINDINGS: A. Factors Enumerated: Before acting on a conditional use permit application, the planning and environmental commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on development objectives of the town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relafion to surrounding uses. 5. Such other factors and criteria as the commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by chapter 12 of this title. 8. Necessary Findings: The planning and environmental commission shall make the following findings before granting a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of this title and the purposes of the zone district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of this title. Additionally, as proposed the following additional standards and criteria are also applied by the PEC and Town Council: 17. Professional and business offices in the Lionshead Mixed Use-1 Zone District: 5 a. Shall only be permitted in locations that do not otherwise interfere with primary retail activities that generate sales taxes revenues b. Shall only be permitted in areas where retail may not be viable due to specific constraints including but not limited to grade changes, lack of frontage or access to the primary pedestrian walk, physical separafion from other retail uses, or vehicular interference. c. Offices for real estate agents and real estate sales displays shall be excluded. The combination of these allow the Town ultimate power over the location of ofFice uses in the LMU-1 zone district. /�nalysis of Criteria for �eview of Text �mendment The review criteria for a text amendment are provided in Section 12-3-7 and are listed below. The Applicant's analysis of conformance with the criteria follows: A. Factors Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations Applicant Analysis: Chapter 12-1-2: provides the general and specific purposes of the Zoning Regulations: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. e. 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 circulafion 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. 6 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable naturalfeatures. 10. To assure adequate open space, recreafion opportunities, and other amenifies and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. While not all of the purpose statements are applicable to this application, this text amendment furthers many of the above statements, specifically the following: S. To conserve and maintain established community qualities and economic values. The Town Council has placed a high priority on preserving ofFice space within the Town, but the current regulations tend to discourage ofFice uses, especially in the core areas of Town, where these uses are most desirable. Many offices provide services that have largely moved from Vail and many locals are forced to get a variety of services out of town. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. This amendment allows for the business community in Vail to create better synergy among land uses. OfFice uses keep people in Vail, and an ofFice visit (such as to a dentist or attorney) is often followed by shopping or eating. This creates a harmonious, convenient, and workable relationship among land uses. 8. To safeguard and enhance the appearance of the town. Finally, the review of the conditional use permit allows the Planning and Environmental Commission to ensure that the appearance of the Town is enhanced by this activity, as it has ultimate review authority on a conditional use permit, and can set appropriate conditions on any proposed office use. 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 compafible with the development objecfives of the town Applicant Analysis: The various master plans that make up the Vail Comprehensive Plan have been reviewed and the following goals and policies are applicable from these documents: Vail Land Use Plan: 1. General Growt� ! Der►elopment 1.'1. 11ai1 should continue to grow in a eantralled enviranment, mainta�ning a ba6anee between residenfial, commercial and rec�eatie�nal uses to serve bath the visi#vr an�i the permanent resider�t. 7 2. Skier ITourist Concerns 2.�. The eommu�ity should e�rnp#�asize its role as a destination res�rt whi�e accammadating day visitars. 2.5. The community should improve non-skier recreational options to impro�e year-round tourism. 3.4. Gammercial grawkh should be can�entrated in existing commercial areas to accommadate both local and visitor needs. Lionshead Redevelopment Master Plan: 2.3.1 l�ene«�al ancl Retlevelopmenx Lionshead c�n and shc�ulci l�e rene��,�ed �i�d rede`�elo�ed to becotiie a tivai7�er, iuore ��it�rant etiviro�u7ient far �uests �nd resideizts. Liatishead i�e�ds an �ppeaiiug aiid cc�hec�e�it icleutity�, a seuse of�lace, a}�ersnnalit�r, � piu�ose, e�ilC� �il llll�}T4Ved a�sthetic ch�racter. As each of these plans state, Vail should offer additional activities for guests and residents. This amendment furthers the stated goals of the Vail Comprehensive Plan. 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 Applicant Analvsis: In recent years, the Town Council has recognized the importance of maintaining office space within the Town. There has also been a recognition that redevelopment within Vail has displaced a significant amount of ofFice space that generally has not been replaced with redeveloped projects. This is due to a variety of factors. In some cases, office space that was demolished was a nonconforming use and not able to be constructed back into a project in the same manner. In other cases, ofFice was replaced with higher income and sales tax generating uses. In Lionshead, spaces that could have been appropriate ofFice uses on this first floor were approved as residential uses (older buildings like Lions Square Lodge, Montaneros, Vail Spa, etc.). In LMU-1, residential uses are a conditional use on the first floor, while office is not allowed at all. In addition, ofFice uses are a conditional use on the second floor and above, while residential uses are a permitted use. Parking and employee housing requirements for office uses are much higher than other issues, while rents are substantially lower. As a result of the Town's policies, combined with economic realities, ofFice space in the Town has been reduced and limited over the past few yea rs. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives A�plicant Analysis: This amendment allows for the business community in Vail to create better synergy among land uses. Office uses keep people in Vail, and an ofFice visit is often combined with shopping or eating. There are locations where office uses are appropriate on the first level of a building. Adding this use in as a conditional use allows the Town to make 8 the determination if the location is appropriate. Like residential uses, which are a conditional use on the first level of a building, ofFice uses on the first level of a building will be reviewed to determine if the use is appropriate and the Town can place conditions on the operation of, or deny the conditional use permit if it is determined that other permitted uses, such as retail or restaurant, would be more appropriate. Below, a few pictures of some locations within Lionshead where office uses on the first floor may be appropriate are provided: . , � � ,�- ; ' a , , _.r�- ��!�' '°"�I , —— - "4�'N�� ,�.r.,�s =_ �.�,. r?� �, �� � i�,. .► 7F i — , � .. � ����.�".�� 1 �: _ � �.i�I i ' - � ' 'f- -— � _ — _ — Empty space at Concert Hall Plaza, previously used as Temporary Business OfFice �� � :� �� �r _ � `�� � � ��' •`�i -tr d7 nt, ! w:: � � ��� �+�� _ —� '`�-. . :. - _,� _ � ' -= �._ Vail Spa, currently residential on First Level Landmark, currently back of house at First Level . � :�.. �. . �* f,. . '%� f�F � �3, '. � �� � a' I � ^r� _ _ a` - � 1 ���Yli ��+� �� , r�:,_, , -�- . � - . . _ , �.. . _ ._. 1 . . . ,.r..l .. .:>•��!f — i�- i�., d , ��i: ... _ � L�'���+. y ��_ � -{. . � -�,� - `�'S~ ' . V �... _ .. �� "Y..� _ . � '�_ -� `� _ 4 � , �_ ' �.i � � � _ . -. . ` J� "a!ti 4 ^- F � _ e. �y�y� 'a.-- . �`-s ^.i ... k °`� 5��� . �Fv m � _ .. �.: � ��'l�!'� � _ —`;$�- _••`�a 4't' . . _'.�� ..��, ' Treetops, currently used as Temporary Business OfFice 9 �f� -. � � � ... ��� .,�s+� �q, ��'r � -w�- - �+''�'. ,y1 a:c � � � }. k' „�rs�,. �� .� ���� ,.r; '�'I °+ �. ��(,`'`,'� �• •�r -�` �, � .,� p, , -� �'r. _ .��' �'�� ��, .��u.�� �^�ft.� � *'� � � � , '�!� � F�,. ���* .I. 1� _ ��,7f¢�,.y,i .. ��� , :.� . . � �.�� I� ` ,,•�✓ ' R ('1Y �. !i. ��c�. i � �� ✓ 1 �� '� a 1ia�` T � � i I�R � � �'4`M� �� 'i� � ' � i , �.� - - � �,� � .�' `" `,�, ` .. �� 1 6 � ��r' � � �"`. � A�'.�f `� r.���;. � 'a r. � � � � ` � y�, " �' i `I�� ��. ��� � :�� �.��:,�,.�. ''� .,� , � #�A�'�' - r'�`,s �:�. .,,_,' '� ` � � , f,�- � ��.- � -,r ��� "a-,_. .� � W���r � `" ` .`~+! �X� � >} ;� � `'� ri��"�� �' , _ .� ? ' �� �,�� ���� �.., ' :.i 1 s 'Y,y i� � {���s'�� - .: ta:^, � �, ���� �x '�r*,+✓�� S",....c.t a'� . ,r ..r"-s.�. `�a.� �'�- '�ii.. .�Fs_ . . ..�+w� �'"4 ��) Marriott space along West Lionshead Circle 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment Applicant Analysis: Any other factors and criteria that the Planning and Environmental Commission deems applicable shall be addressed by the Applicant. B. Necessary Findings: The Planning and ught your version was good.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 objecfives 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. 10 Properties Zoned Lionshead Mixed Use 1 (LMU - � ) Subject Properties *i+ -_ �F �Q '�r 1$-�.:�.; � ���' s�`"'�� �� �.e���� � ' ��� ' - { - � i�e'' �` .x�� J.�' 'fi}f � 4�'a?�, ta I,Y 9�� !. �,� �5 '-^. {,a >f:. -�., yLL���� ��'� ��'��'+k�;,�.t�. r :'� � '- �.��.. - i �. � <. �I {�� .+ �f � � �+i f .�"� ���' �,��� � yS,� ' � w!,ii��#�y �. M � � � �� � _ +�� �_ 1� F :��� v ..tit t�r���� (' .f y� :.� �� j� ��R�' .�Ib ; . . .�y�. � _____�'y 1,b� � *� - r b� �� t A,f a�` NR��..r 3 pi��1 '�t ��A �� .�"F �� "',�, � �erp� . .��i'r �� �,+"z"�` � x � '� 54'�ti:. . 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Feef (v�here shovui,parcel fine vwrk is appmxima�e) 0 200 400 Last Modified�.January 4,2012 TaWA 0F VAII' rowN oF vai�� THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on January 9, 2012, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for the review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for new construction within the front setback, located at 1895 Gore Creek Drive/Lot 26, Vail Village West Filing 2, and setting forth details in regard thereto. (PEC110061) Applicant: Alejandro Diazayas, represented by Shepherd Resources, Inc. Planner: Bill Gibson A request for a recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to 12-3-7, Amendment, Vail Town Code, to amend Section 12-7H- 3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow professional offices, business offices and studios as a conditional use on the first floor or street level, and setting forth details in regard thereto. (PEC110062) Applicant: 450 Buffalo Properties, LLC, represented by the Mauriello Planning Group Planner: Rachel Dimond A request for the review of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for the re-subdivision of Lots 2 and 3, Bighorn Subdivision 4t" Addition, located at 4316 and 4336 Streamside Circle West, and setting details in regards thereto. (PEC110063) Applicant: Diamond Assets, represented by Triumph Development Planner: Bill Gibson The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road West. The public is invited to attend site visits. Please call 970-479- 2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published December 23, 2011, in the Vail Daily. rowN oF vai�� PLANNING AND ENVIRONMENTAL COMMISSION January 9, 2012 1:OOpm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road -Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Bill Pierce Henry Pratt Luke Cartin Pam Hopkins Tyler Schneidman John Rediker Michael Kurz 45 minutes 1. A request for a recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to 12-3-7, Amendment, Vail Town Code, to amend Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow professional offices, business offices and studios as a conditional use on the first floor or street level, and setting forth details in regard thereto. (PEC110062) Applicant: 450 Buffalo Properties, LLC, represented by the Mauriello Planning Group Planner: Rachel Dimond ACTION: Recommendation of denial MOTION: Kurz SECOND: Rediker VOTE: 6-0-1 (Pierce recused) Commissioner Pierce recused himself from the application as he has had an ongoing relationship with the Treetops Homeowners Association and felt that he would not be able to remain unbiased. Rachel Dimond made a presentation per the staff inemorandum. Commissioner Pratt inquired as to the temporary business office process and the ability of the Town to assess a specific location for viability for office verses commercial uses. Rachel Dimond spoke to several locations which have had offices on the first floor in the commercial cores. Commissioner Kurz stated that Solaris received approval for a sales office in One Willow Bridge for a period of one year. Rachel Dimond stated that One Willow Bridge is zoned Public Accommodation, which allows for offices on the first floor as a conditional use. Jeff Brown, property manager at the Treetops, spoke to the use of the mezzanine level of the Treetops Building as a showroom for the Arrabelle. Dominic Mauriello, representing the applicant, gave a power point presentation highlighting the uses which are permitted and conditional uses on each floor level in LMU-1. Page 1 Jeff Brown, property manager of the Treetops Condominiums for 23 years, stated that retail has not been a viable option for the first floor at Treetops. Michael Hecht, owner of 450 Buffalo Properties, spoke to the purchase of the Treetops property and its vacancy for two years prior to its purchase. He added that he would love to rent the space to a retail establishment as he would see an increase in revenue per square foot of approximately 30-40%. When he purchased the location, he did not know that Vail Resorts would be the tenant that would fill the space. He spoke about the viability of the Treetops commercial space. He compared the need to have offices to the need for Red Sandstone elementary school in the community. He concluded by asking that he and others be given the opportunity to ask the question of whether or not a space is acceptable for office in the LMU-1 District. Dominic Mauriello concluded the presentation by stating that the Town could say no to a request for a conditional use permit for office if it was not appropriate. Commissioner Rediker inquired as to the number of office spaces in the Treetops. Michael Hecht stated that all the office space is occupied by Vail Resorts. Over the decades there have been as many as 8 commercial spaces in the building. He explained that the Vail Resorts lease was up in July, but they need to give notice of their intent to stay in January. Commissioner Cartin stated that he works for Vail Resorts; however, as the request is for an amendment to the entire zone district, he did not need to recuse himself. Commissioner Pratt stated that the memorandum did not include any discussion of the Treetops. Rachel Dimond explained that the memo did not include any discussion regarding Treetops because there is no specific application related to Treetops and office uses. Commissioner Pratt asked if any time, money, or effort was put towards resolving Treetops challenges during the new design of the Lionshead entry plaza. George Ruther stated that the Town has spent time, money, and effort as he feels that unsuccessful commercial spaces are the Town's concern as well. Commissioner Pratt asked that the conversation be refocused on the policy as a whole. Commissioner Kurz stated that he is sympathetic to the applicant's concerns, but the Town's revenue is up and vacancies are down. He stated he does not see a need to go back and rework what has been successful for years. He believes that changing horizontal zoning would be detrimental to the Town's success. There was no public comment. Commissioner Rediker stated that this is a difficult decision. He said he sees the concerns of the property owner and believes that there are other properties which struggle to be successful, but the request is in conflict with the Lionshead Redevelopment Master Plan. Commissioner Schneidman stated he does not believe the criteria are met in any way. He supported Staff's comments and stated he could not vote in favor of the application. Page 2 Commissioner Hopkins spoke to her office's displacement 10 years ago and the need for office in the cores. Her concern is that residential units on the second floor should not be allowed. She believes that there are retail tenants which could be successful in the space as she recalled several successful retailers being previously located in the space. Commissioner Cartin stated that the horizontal zoning policy has been working and gave examples of Moe's Barbecue and the Little Diner being successful in the Concert Hall Plaza Building when the spaces have struggled in the past. He did not believe horizontal zoning should be changed. Commissioner Pratt stated that the land area included in LMU-1 is large and diverse. There are properties which are not viable for commercial and maybe the zoning should be different. He agrees that office space is needed. He believes that horizontal zoning has been successful and as a district wide proposal, there is not enough justification for making this change. He added that the Town is a victim of its own success as property rental rates have been increasing as other values have increased. Michael Hecht asked if it would be more appropriate to request an extension of the office use. Commissioner Pratt stated that the PEC is making a recommendation and the Town Counci� may be able to review other information. 5 minutes 2. A request for the review of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for the re-subdivision of Lots 2 and 3, Bighorn Subdivision 4th Addition, located at 4316 and 4336 Streamside Circle West, and setting details in regards thereto. (PEC110063) Applicant: Diamond Assets, represented by Triumph Development Planner: Bill Gibson ACTION: Tabled to January 23, 2012 MOTION: Kurz SECOND: Cartin VOTE: 7-0-0 5 minutes 3. A request for the review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for new construction within the front setback, located at 1895 West Gore Creek Drive/Lot 26, Vail Village West Filing 2, and setting forth details in regard thereto. (PEC110061) Applicant: Alejandro Diazayas, represented by Shepherd Resources, Inc. Planner: Bill Gibson ACTION: Tabled to January 23, 2012 MOTION: Kurz SECOND: Cartin VOTE: 7-0-0 5 minutes 4. A request for findings of fact and a determination of accuracy and completeness, pursuant to Chapter 12-3, Administration and Enforcement, Vail Town Code, and Article 12-7B, Commercial Core 1 District, Vail Town Code, for applications for a major exterior alteration, pursuant to Section 12-7B-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of GRFA (Rucksack Building), located at 288 Bridge Street, Unit R-2/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110045); and a major exterior alteration, pursuant to Section 12-7B-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions of enclosed floor area; a variance, pursuant to Chapter 12-17, Variances, Vail Town Code, from Section 12-14-17, Setback from Watercourse, Vail Town Code, to allow for encroachments into the Mill Creek setback and a variance, pursuant to Chapter 12-17, Variances, Vail Town Code, from Section 12-76-15, Site Coverage, Vail Town Code, to allow for additions of enclosed floor area in excess of allowable site coverage, located Page 3 at 288 Bridge Street, Unit R-1 (Rucksack Building)/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110046, PEC110050) Appellant: Bridge Street Building, LLC Planner: Rachel Dimond ACTION: Tabled to January 23, 2012 MOTION: Kurz SECOND: Cartin VOTE: 7-0-0 5. Approval of December 26, 2011 minutes MOTION: Kurz SECOND: Schneidman VOTE: 7-0-0 6. Information Update 7. Adjournment MOTION: Kurz SECOND: Rediker VOTE: 7-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published January 6, 2012 in the Vail Daily. Page 4