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Home My WebLink AboutPEC120007�1�1.��1'-'i C�wEL��i_�- �I�r�r�ir�� r�� Er��ir��r�r��r�� I ��r�r�i��r� ��TI � �I F� F�1�1 �� rtrr7�r�t �f ��r�r�� r�i�� :��I��r��r�� .� �� Fr�r�t�� F�� i I� ��I �r�� 1�.�� I: ��.��.�1�� f��; ��,��.�� ; ��r�.��i I��, ��r�n Project Name: ZONING ORDINANCE AMENDMENT Project Description: Participants: PEC Number: PEC120007 RE-ESTABLISH "TEMPORARY BUSINESS OFFICES" AS A CONDITIONAL LISTED LAND USE IN LMU-1 OWNER VAIL COLORADO MUNICIPAL BLDG 02/07/2012 75 S FRONTAGE RD VAI L CO 81657 APPLICANT VAIL COLORADO MUNICIPAL BLDG 02/07/2012 75 S FRONTAGE RD VAI L CO 81657 Project Address: 75 S FRONTAGE RD W VAIL Location: Legal Description: Lot: Block: Subdivision: UNPLATTED Pa rce I N u m be r: 2101-064-0000-3 Comments: 7-0-0 Motion By: Kurz Second By: Sch neid ma n Vote: 7-0-0 Conditions: BOARD/STAFF ACTION Action: APPROVED Date of Approval: 03/05/2012 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: Warren Campbell PEC Fee Paid: $1,300.00 TQWN OF VAIl. � ,-' I �l 0 F�3 C 6 2012 W � � Department of Community Development 75 South Frontage Road Vail, CO 81657 Tel: 970-479-2128 www.vailgov.com Development Review Coordinator Amendment to Di - -�- zoning) or Zoning Ordinance Application for Review by the Planning and Environmental Commission General Information: An amendment of the zoning regulations or change in zone district boundaries may be initiated by the Town Council, by the Planning and Environmental Commission, by petition of any resident or property owner in the Town, or by the Administrator. Required criteria and findings for such petition are stated in Section 12-3-7C, Vail Town Code. Relevant sections of the Vail Town Code can be found on the Town's website at www.vailgov.com. The proposed project may also require other permits or applications and/or review by the Design Review Board and/or Town Council. Fee: $1300 Description of the Request: l; S�f�d l�� ►�s� Physical Address: �� , ,�r ; � �t',�np�u� U � S; �PSS � �i � �S S Cti (;vnd�t�o.,v�l Parcel Number: /� /� (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Property Owner: l v�,� �� `�(.�r � Mailing Address: Owner's Signature: Primary Contactl Owner Representative: r� Phone: c er� Mailing Address: � �J � �fo �'��3� �� . �� i I � ` V ( ] l,� � � J Phone: ( ��I ' o�� 1 �. E-Mail: (�GGirnp�Je��ft? ' 1Ct c'uc�rJ ��u•'�^Fax: For OfFce Use Only: Cash_ CC: Visa MC Last 4 CC # Exp Fee Paid: Meeting Date: - o� � • �6� Planner: w � Zoning: � � Gl ..L_ -P L/� Ll �— Location of the Proposal: Lot: Block: Date: Aut� #,� Check # Received From: /l� PEC No.: �E C 12. O �Orl __ Project No: 1�%�S I a– OO oZ ln Land Use: Subdivision: TOWN OF VAIL � THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Pianning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on February 27, 2012, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a recommendation to the Vail Town Council for amendments to the Ford Park Management Plan, to allow for the construction of various improvements at Ford Park (realignment of athletic fields, new restroom and concession buildings, new covered outdoor terrace, Gera�d R. Ford Amphitheater renovations, park entrance improvements, Betty Ford Alpine Garden welcome center, streetscape improvements, etc.) located at 530, 540, and 580 South Frontage Road East/Unplatted, and setting forth details in regard thereto. (PEC120006) Applicant: Town of Vail Planner: Bill Gibson A request for the review of amendments to a conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the construction of various improvements at Ford Park (realignment of athletic fields, new restroom and concession buildings, new covered outdoor terrace, Gerald R. Ford Amphitheater renovations, park entrance improvements, Betty Ford Alpine Garden welcome center, streetscape improvements, etc.) located at 530, 540, and 580 South Frontage Road East/Unplatted, and setting forth details in regard thereto. (PEC120003) Applicant: Town of Vail Planner: Bill Gibson A report to the Planning and Environmental Commission of an administrative action approving a request for an amendment to a conditional use permit, pursuant to Sections 12-9C-3, Conditional Uses, and 12-16-10, Amendment Procedures, Vail Town Code, to allow for the temporary relocation of the Vail Public Library to Dobson Ice Arena, located at 321 East Lionshead Circle, part of Lot 5, Block 1, Vail Lionshead Filing 2, and setting forth details in regard thereto (PEC120005). Applicant: Town of Vail, represented by Greg Hall Planner: Warren Campbell A request for a recommendation to the Vail Town Council for a proposed text amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section 12- 7H-3, Permitted and Conditional Uses, First Floor or Street Level, and Section 12-71-3, Permitted and Conditional Uses; First Floor Street Level, Vail Town Code, to reestablish "temporary business offices"as a conditional use in the Lionshead Mixed Use 1 and Lionshead Mixed Use 2 Districts, and setting forth details in regard thereto (PEC120007). Applicant: Town of Vail Planner: Warren Campbell i i � i � � 1�\�� x « A request for the review of an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the extension of an existing temporary business office conditional use permit, located at 450 East Lionshead Circle (Treetops Building)/Lot 6, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC120004) Applicant: 450 Buffalo Properties LLC, represented by Mauriello Planning Group Planner: Warren Campbell 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. 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 February 10, 2012, in the Vail Daily. T�WN OF UAIL� �� FROM DATE l � l�o � � 1u��Z p�� ' Gh�e;�✓Y�Gt � ✓� ��e , � �_ �� n Planning and Environmental Commission Community Development Department March 5, 2012 Memorandum SUBJECT: A request for a recommendation to the Vail Town Council for a proposed text amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level, Vail Town Code, to reestablish `temporary business offices" as a conditional use in the Lionshead Mixed Use 1 District, and setting forth details in regard thereto. (PEC120007) � Applicant: Town of Vail Planner: Warren Campbell SUMMARY The Town of Vail is requesting to reestablish the temporary business office land use as a conditional use in the Lionshead Mixed Use 1 District. The proposed rees#ablishment of this land use will continue to allow the community to address business office space needs as a result of continued redevelopment. Based upon staff's review of the criteria in Section V of this memorandum, the Community Development Department recommends that the Planning and Environrnental Commission forward a recommendation of approval to the Vail Town Council of the requested text amendment, subject to the findings noted in Section VI of this memorandum. II. DESCRIPTION OF THE REQUEST The proposed text amendments are as follows: (deletions are shown in strike through/additions are shown bold) 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Definition: The "first floor" or "street level" sha/l be defined as that floor of the building that is located at grade or street level along a pedestrianway. 8. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Eating and drinking establishments. Recreation facilities. Retai! stores and establishments. Skier ticketing, ski school, skier services, and daycare. Travel agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 92-3-4 of this title. C. 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: Barbershops, beauty shops and beauty parlors. Conference facilities and meeting rooms. Financial institutions, other than banks. Liquor stores. Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and employee housing units (type lll (EHU) as provided in chapter 13 of this title). Radio, TV stores, and repair shops. Temporary Business Offices 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. III. BACKGROUND On September 16, 1975, the Vail Town Councit adopted Ordinance No. 16, Series of 1975. This ordinance has become known as the "Ordinance Amending the Zoning Ordinance by Imposing Horizontal Zoning in CCI". The legislative intents of Ordinance No. 16 were to maintain and preserve the nature and character of Vail's commercial areas with a mixture of residential and commercial uses; to promote and protect these areas as pedestrian areas; and to promote a variety of retail shops at the pedestrian level by prohibiting business offices on the first floor. On December 15, 1998, the Vail Town Council adopted the Lionshead Redevelopment Master Plan. Amongst other purposes, a goal of the Master Plan is to facilitate the redevelopment of the Lionshead Core Site which is identified in the Master Plan as the "Lionshead Retail Core". On October 11, 2004, the Planning and Environmental Commission, forwarded a recommendation of approval to the Vail Town Council for the adoption of a Town of Vail Page 2 "temporary business office" land use and for its incorporation as a conditional use within the Lionshead Mixed Use 1 District. This land use was created in response to the displacement of existing offices by the construction of the �rrabelle. On November 16, 2004, the Vail Town Council adopted Ordinance No. 26, Series of 2004. This ordinance created the "temporary business office" land use and established it as a conditional use within the Lionshead Mixed Use 1 District. The ordinance was set to become null and void on December 31, 2008. On July 9, 2007, the Planning and Environmental Commission forwarded a recommendation of approval for amendments to the temporary business office regulations. On August 7, 2007, the Vail Town Council adopted Ordinance No. 22, Series of 2007, which amended the definition of temporary business offices and established use specific criteria to allow temporary business offices for a period of more than three years. There was no sunset placed upon these regulations. IV. APPLICABLE DOCUMENTS SECTION 12-2-2, DEFINITIONS 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. ARTICLE 12-7H: LIONSHEAD MIXED USE 1(LMU-1) DISTRICT (in part) Section 12-7H-1: Purpose: The Lionshead Mixed Use 1 District is intended to provide sites for a mixture of mu/tiple-family dwellings, /odges, hotels, fractiona/ fee clubs, time shares, 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 District by establishing appropriate site development standards. Fhis District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to Town of Vail Page 3 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 developmenbredevelopment 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. Chapter 12-16: CONDITIONAL USES PERMITS (in part) Section 12-16-1: Purpose; Limitations In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditiona/ uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. Lionshead Redevelopment Master Plan 2.3.1 Renewal and Redevelopment Lionshead can and shou/d be renewed and redevelopment 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. 2.3.2 Vitalitv and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing art venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. V. CRITERIA AND FINDINGS The review criteria and factors for consideration for a request of a text amendment are established in accordance with the provisions of Chapter 12-3-7, Amendment, Vail Town Code. Town of Vail Page 4 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and, The proposed text amendment to reestablish temporary business office as a land use furthers the general and specific purposes of the Zoning Regulations. According to Section 12-1-2, Purpose, Vail Town Code, the general and specific purposes of the Zoning Regulations are: "A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and genera/ 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 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, convenienf, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive popu/ation 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. " Upon review of the stated purposes of the Zoning Regulations, staff believes that reestablishment of this land use to allow temporary business office uses to continue on the first floor or street level within the Lionshead Mixed Use 1 District is compatible with the general purpose of the Zoning Regulations and the specific purposes #5 and #6 above. Staff believes the proposed text amendment will provide the Planning and Environmental Commission with continued flexibility and discretion in regulating temporary business offices to achieve the zoning regulation's purpose of Town of Vail Page 5 promoting coordinated and harmonious development. The proposed text amendment will allow the Commission the ability to continue to review the time frame for a temporary business office on a case-by-case basis in response to the specific circumstances of the request. Therefore, Staff believes the proposed text amendments further the general and specific purposes of Title 12. 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, The reestablishment of the temporary business office land use will continue to provide adequate temporary sites and locations for existing business offices that are displaced as a result of redevelopment. This amendment will continue to lessen the negative impacts associated with completion of improvements in accordance with the goals, objectives and policies outlined in the Town's Comprehensive Plan. Additionally, this amendment will continue to ensure that existing business in Vail will remain located within the community. It is possible that if this amendment were not approved, certain business office operations could be lost to more permanent locations down valley. 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, The reestablishment of the temporary business office land use is in response to a continued need to have the established land use and process for allowing displaced offices to remain in Vail. These amendments were initially adopted with a sunset provision of four (4) years, expiration on December 31, 2008, to cover the anticipated redevelopment construction period. As identified in the initial adoption of these regulations "the construction of the Lionshead Core Site Hotel and the unintended consequences that construction of the hotel will have on existing business offices and mountain operations creates the need for this text amendment." Staff believes the reestablishment of this land use is necessary to continue to address the displacement of existing offices as a result of redevelopment. The economic downturn has changed conditions by extending the initially anticipated redevelopment period. When the Planning and Environmental Commission forwarded a recommendation of approval for amendments to the temporary business office regulations in July of 2007 and the Vail Town Council adopted Ordinance No. 22, Series of 2007, in August of 2007, there was no sunset clause placed upon the amendments. Staff was not aware that there had been a sunset placed upon the land use in Ordinance No. 26, Series of 2004. The discussion surrounding the 2007 amendments changing the definition of temporary business offices and establishing use specific criteria for the evaluation of extensions beyond three Town of Vail Page 6 years did not include a sunset provision. Therefore, if approved, staff is not suggesting that a sunset provision be placed upon the adoption ordinance reestablishing temporary business offices as a conditional use. 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 the reestablishment of the temporary business office land use will continue to provide a harmonious, convenient, workable relationship among land use regulations. The reestablishment of the land use and regulations will allow for the continued achievement of the municipal development objectives. 5. Such other factors and criteria the Commission and/or Council deems applicable to the proposed text amendment. VI. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, to for proposed text amendments to Section, 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level, Vail Town Code, to reestablish "temporary business offices" as a conditional use in the Lionshead Mixed Use 1 District, 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 presenfed. Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmenta/ Commission forwards a recommendation of approva/ to the Vail Town Council, for a proposed text amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section, 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level, Vail Town Code, to reestablish `�emporary business offices" as a conditional use in the Lionshead Mixed Use 1 District, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission makes the following findings: Town of Vail Page 7 "Based upon a review of the staff inemorandum dated February 27, 2012, 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 goa/s, 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. " Town of Vail Page 8 MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: March 9, 2009 SUBJECT: A request for a final review of an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the extension of an existing temporary business office conditional use permit, located at 450 East Lionshead Circle (Treetops Building)/Lot 6, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC090004) Applicant: 450 Buffalo Properties, represented by Michael Hecht Planner: Bill Gibson SUMMARY The applicant, 450 Buffalo Properties, represented by Michael Hecht, is requesting a final review of an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the extension of a conditional use permit to allow for a temporary business office located at 450 East Lionshead Circle (Treetops Building)/Lot 6, Vail Lionshead Filing 1, and setting forth details in regard thereto. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Staff recommends approval, with conditions, of this request subject to the findings noted in Section VIII of this memorandum. DESCRIPTION OF THE REQUEST The applicant is proposing an extension of the conditional use permit allowing the existing Vail Resorts temporary business offices to occupy the first-floor retail spaces of the Treetops Building for an additional three years, until 2012. A vicinity map (Attachment A) and the applicanYs request (Attachment B) have been attached for reference. III. BACKGROUND On November 16, 2004, the Vail Town Council adopted Ordinance No. 26, Series of 2004, to allow "Temporary Business Offices" on the first-floor of buildings within the Lionshead Mixed Use 1 District. The purpose of this ordinance is to allow existing Lionshead area office uses, which are displaced by the construction activities of redevelopment projects, to be temporarily relocated within the Lionshead area. A "Temporary Business Office" was defined as "an office for the conducf of genera! business and service activities and transactions for a limited period of time to accommodate the temporary displacement of an existing business office with the Town of Vail due to redevelopment construction activities." On January 4, 2005, the Planning and Environmental Commission approved a conditional use permit for Vail Resort's temporary business offices currently occupying the first-floor of the Treetops Building. This temporary conditional use permit was to expire upon issuance of a temporary certificate of occupancy for the Arrabelle Hotel (which has since been issued), the issuance of a temporary certificate of occupancy for the North Day Lot office building (which has not been constructed), or on January 24, 2008. On June 11, 2007, the Planning and Environmental Commission approved an extension to this temporary conditional use permit until January 24, 2009. On August 7, 2007, the Vail Town Council adopted Ordinance No. 22, Series of 2007, to give the Planning and Environmental Commission the authority to grant extensions to any temporary business office conditional use permit in increments of up to three (3) additional years. On August 25, 2008, the Planning and Environmental Commission approved an extension to this temporary business office conditional use permit until August 30, 2009. On October 7, 2008, the Vail Town Council upheld the Commission's August 25`n decision on appeal. Recently the applicant, 450 Buffalo Properties, submitted an application to amend the Lionshead Mixed Use 1 District to allow certain offices to be permanently allowed on the first-floor in Lionshead subject to a conditional use permit. The applicant's primary goal in submitting this request was to facilitate the approval of a long-term office tenant in their Treetops Building first-floor tenant space. On February 9, 2009, the Planning and Environmental Commission recommended the Town Council deny the applicanYs proposed text amendments. At the same hearing, the Commission informally recommended the applicant pursue another extension to the conditional use permit allowing the existing temporary business offices at Treetops rather than pursuing amendments to the Vail Town Code. On February 17, 2009, the Town Council denied the applicanYs recent request to amend the Vail Town Code to permanently allow offices on the first floor in Lionshead. IV. APPLICABLE PLANNING DOCUMENTS A. Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Secfion 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 coordinafed and harmonious developmenf of the Town in a manner thaf will consenre and enhance ifs nafural environment and its esfablished character as a resort and residential community of high quality. 8. Specific: These regulations are intended fo achieve the following more specific purposes: E 1. To provide for adequate light, air, sanifafion, drainage, and public facilities. 2. To secure safety from fire, panic, flood, ava/anche, 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 facilifies. 5. To conserve and mainfain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relafionship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of fhe land with strucfures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirab/e 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 fhe growfh of an orderly and viable community. ARTICLE 12-7H: LIONSHEAD MIXED USE 1(LMU-1) DISTRICT (in part) Section 12-7H-1: Purpose: The Lionshead Mixed Use 1 District is intended to provide sifes for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling unifs, restaurants, offices, skier services, and commercial establishments in a clustered, unified developmenf. Lionshead Mixed Use 1 Disfricf, in accordance with the Lionshead Redevelopment Masfer Plan, is intended fo ensure adequate light, air, open space and ofher amenities appropriafe to the permitted types of buildings and uses and to maintain the desirable qualities of the Disfrict by esfablishing appropriate site development standards. This District is meanf to encourage and provide incenfives for redevelopment in accordance wifh 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 vibranf lodging, housing, and commercial core area. The incenfives in this Zone District include increases in allowable gross residential floor area, building height, and densify over fhe previously established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to creafe economic condifions favorable fo inducing private redevelopment consistenf with the Lionshead Redevelopmenf Master Plan. Additionally, the incenfives are created to help finance public off-site improvements adjacent to redevelopmenf projects. With any developmenUredevelopment proposal taking advantage of the incenfives created herein, the following amenities will be evaluated: streetscape improvemenfs, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. Chapter 12-16: CONDITIONAL USES PERMITS (in part) Section 12-16-1: Purpose; Limitations 3 In order to provide the flexibility necessary fo achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this tifle and with respecf to their effects on surrounding properties. The review process prescribed in fhis chapter is intended fo assure compatibility and harmonious development befween condifional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limifations as the Town may prescribe fo insure that the locafion and operafion of the conditional uses will be in accordance wifh the development objectives of the Town and will not be defrimental to other uses or properties. Where conditions cannof be devised, fo achieve these objectives, applications for conditional use permits shall be denied. 12-16-7, Use Specific Criferia and Standards (in part) A-14. Temporary business offices: a. Offices for real estate agents shall be excluded. b. The sforage, sale, or display of inerchandise on fhe premises shall occupy less than ten percent (10%) of the office's floor area. c. Off street parking shall be provided in accordance with chapter 10 of this fifle. d. Signage shall be provided in accordance tif/e 11, "Sign Regulafions" of this code. e. The business and service acfivities and transacfions of a temporary business office may only be conducted for a limited time period, not to exceed three (3) years. Unless fhe fime period is limifed to a shorter duration, the approval of a conditional use permit for a femporary 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 fo continue activities and transactions beyond the original time period limif, if the commission determines special circumstances and/or conditions exist to warranf such an extension. An extension may only be granted for the minimum fime period necessary to facilitafe specific redevelopmenf consfruction activifies that achieve the fown's goals, policies, and objectives, buf in no evenf may such an extension be allowed for more than three (3) years without additional review. f. A condifional use permit approval for a temporary business o�ce shall be reviewed by the planning and environmental commission on an annual basis to verify the applicanf's compliance with fhe conditions of approval. B. Lionshead Redevelopment Master Plan Policy Objectives 4 l�/� VI. The Town Council adopted six policy objectives on November 4, 1996 to outline the important issues to be addressed in the master plan and to provide a policy framework for the master planning process. 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. 2.3.2 Vitality and Amenities We must seize the opportunify to inferaction through expanded and performing arts venues, conferenc other recreational improvements. ZONING ANALYSIS enhance guesf experience and community additional activities and amenities such as e facilities, ice rinks, sfreetscape, parks and Zoning: Lionshead Mixed Use 1 District Land Use Plan Designation: Lionshead Redevelopment Master Plan Area Current Land Use: Temporary Business Office Development Standard ReQUired Proposed Parking 14.6 spaces 21.13 spaces (no change) As this conditional use permit request only affects the use of an existing tenant space and does not propose any exterior changes to the existing building; this conditional use permit proposal does not alter the existing lot area and site dimensions, setbacks, building height and bulk, density, gross residential floor area (GRFA), site coverage, or landscaping and site development. The only development standard affected, other than use, is parking. This proposal increases the parking demand for this tenant space from 12.5 to 14.6 parking spaces. The existing Treetops commercial building currently has surplus parking, and if this proposal is approved, the Treetops commercial building will still exceed its minimum parking requirement by 6.53 parking spaces. SURROUNDING LAND USES AND ZONING Land Uses North: Mixed Use South: Open Space East: Residential West: Mixed Use VII. REVIEW CRITERIA Zonin4 General Use District Natural Area Preservation District Lionshead Mixed Use 1 District Lionshead Mixed Use 1 District 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 the development objectives of the Town. Staff believes the approval of the conditional use permit extension for "temporary business office" uses on the first floor of the Treetops Building is consistent with the intent, purpose, and standards of the Vail Town Code. The purpose of a temporary 5 business office conditional use permit is not to allow the permanent relocation of a business office use to a location not generally allowed by the zoning standards of the Lionshead Mixed Use 1 District. Instead it is anticipated that once redevelopment construction activities are completed, a temporarily displaced business office will return to its original development site or to a new permitted location. At this time, Vail Resorts will not be constructing replacement office spaces at either the Arrabelle or North Day Lot properties. Instead Vail Resorts is proposing to construct a permanent location for the temporary Treetops business offices at the future Ever Vail project in west Lionshead. Since a permanent location for the business office displaced by the Arrabelle development project have not yet been constructed, Staff recommends approval of the applicanYs request to extend the existing temporary business office conditional use permit until 2012. 2. 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 does not believe this proposal will have a significant negative effect on the above criteria in comparison to existing conditions. 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 street and parking areas. As this proposal exceeds the minimum parking standards of the Vail Town Code, Staff does not believe this proposal will have a significant negative effect on the above criteria in comparison to existing conditions. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. This proposal does not involve any exterior changes to the existing Treetops Building. Therefore, Staff does not believe this proposal will have significant negative effects upon the architectural character of the surrounding area. However, Staff also believes that any permanent, or quasi-permanent, establishment of office uses on the first floor of the Treetops Building will be detrimental to the retail character of the neighborhood. VIII. STAFF RECOMMENDATION The Department of Community Development recommends the Planning and Environmental Commission approves this amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the extension of an existing temporary business office conditional use permit, located at 450 East Lionshead Circle (Treetops Building)/Lot 6, Vail Lionshead Filing 1, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria described in Section VII of this memorandum and the evidence and testimony presented. 0 Should the Planning and Environmental Commission choose to approve, with conditions, this conditional use permit request, the Department of Community Development recommends the Commission pass the following motion: "The Planning and Environmental Commission approves this request for a final review of an amendment to an existing condifional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for fhe extension of an existing temporary business o�ce conditional use permit, located at 450 Easf Lionshead Circle (Treetops Building)/Lot 6, Vail Lionshead Filing 1, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Department of Community Development recommends the Commission pass the following condition: "1. The approval of this conditional use permit extension shall be valid until August 30, 2012. " Should the Planning and Environmental Commission choose to approve, with conditions, this conditional use permit request, the Department of Community Development recommends the Commission makes the following findings: "Based upon the review of the criteria ouflined in Section Vll this Staff memorandum to the Planning and Environmental Commission dated March 9, 2009, and fhe evidence and testimony presented, fhe Planning and Environmental Commission finds: 1. The proposed temporary business office, located at 450 East Lionshead Circle (Treetops Building), is in accordance with the purposes of the Zoning Regulations and the Lionshead Mixed-Use 1 District as referenced by Section IV of fhis Staff inemorandum to the Planning and Environmental Commission dated March 9, 2009. 2. The proposed temporary business office, locafed at 450 East Lionshead Circle (Treetops Building), and fhe conditions under which it will be operated or mainfained are not detrimenfa/ to the public health, safety, or we/fare or maferially injurious to properties or improvements in the vicinity. 3. The proposed temporary business office, located at 450 East Lionshead Circle (Treetops Building), does comply with each of the applicable provisions of Chapfer 12-16, Conditional Use Permit, Vail Town Code, as referenced by Section IV of fhis Staff inemorandum to fhe Planning and Environmental Commission dafed March 9, 2009." IX. ATTACHMENTS A. Vicinity Map B. ApplicanYs Request 7 Attachment A Attachment B Addrnduni to Conditional Use Permit A}��lication of Buffalo Properties Grou��, LLC, for Lionshead Mized Use (LMU-1) District. De;cri��tion of Nroposed Use Thr ap��lication is for a continuation of the existing use. Previous Conditional Use Permits affrctin�z the property retlect all anticipated uses of the property. Property has recently bren brou;�ht in contbrmance with applicable tire codes and tire sprinkler system requirements at a ro;t in excess of S217,000. All Icasehold improvements �vere constructed under permit and super��ision oftown staff, and are assumed to meet all applicab(e building standards. Ba�k�,round on the TreeTops Plaza a»d Gara�;e Building 1'rior to �r�intin�� of'prior Conditional Use Permits the property was contig�u�ed and s��oradically occupied as retail commercial space. The existing office space will not be modificd under this application. The Ctu-rent Conditional Use Permit was approved Au,�ust 25, 2UU8, by the Plannin`� and En��ironmental Commission, and shall be reevaluated by the Planninb and En� ironmental Commission in May of�2009. This action �vas contirmed by Appeal to the To�vn Cowlcil on October 7, 2008. Lonin�� Considcrations Thr propos�el extension and renewal of Coilditional Use Permits �vill not involve any chan�,es to the interior or exterior of the Building. There are no changes to square footage, site co�•erage, buildin� hei�:ht, parking requirements or employee housing requirements. C.L�.I'. Itcvic�v Criteria Thc follo��in�� criteria are to bc used in evalu��ting a conditional use request: 1. Relatiunship and in�pact of the use on devclopment objectives of the to��n. Response: The continuation of the existing use serves to minimize the disruption caused by on;.,�oing redevelo��ment of the Lionshead area. The use of the buildinD by Vail Resorts Mountain Operations eiihances and facilitates the smooth operation of the resort skiin<� operation, for the benetit of the entire town. ?. Effcct ofthe use on li�,ht and air, distribution of }�opulation, transportation facilities. utilitics. schools, ��arks and recreation i�icilitie;, and other public facilities and public tacilities needs. Resk�onse: No adverse affects are anticipated on these considerations, continuation of an cxistin�� use. 3. Effect upon traftic, with rarticular reference to congestion, auton�otive and pedestrian safety and coiiveiiience, traftic flo�v and control, access, maneuverability, and removal 01� sno«� 1'rom the street and parki�ig areas. ltr,l�onse: No ad�erse affects are anticipated on these considerations, COI7CIIIU�iil011 Ot �111 cxi,tin� u,�. 4. Eftect upon the character of the area in which the proposed use is to be located, iiicludin`� the scale and bulk o1'the rroposed use in relation to surrounding areas. Response: No ad��erse aftects are anticipated on these considerations, continuation ofan existing use. �. Surh othcr factors and criteria as the commission deems applicable ro the pro�osed use. Rcsponsr: None 6. The en��ironment impact report concerning the proposed use, if an environmcntal imp��ct report is required by Chapter 12 of this title. RcsE�onse: No environment impact report is required for contini�ation of this existing and ��ro��o;ed use. PLANNING AND ENVIRONMENTAL COMMISSION March 9, 2009 ,� 1:OOpm 1�A'N�nAtL`. TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Bill Pierce Rollie Kjesbo Scott Proper David Viele Michael Kurz Susie Tjossem Sarah Paladino departed at 2:40 during the third item 30 minutes 1. A request for a final review of an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the extension of an existing temporary business o�ce conditional use permit, located at 450 East Lionshead Circle (Treetops Building)/Lot 6, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC090004) Applicant: 450 Buffalo Properties, represented by Michael Hecht Planner: Bill Gibson ACTION: Approved, with conditions MOTION: Kurz SECOND: Proper VOTE: 6-0-1 (Pierce recused) CONDITION(S): 1. The approval of this conditional use permit extension shall be valid until August 30, 2012. 2. If Vail Resorts vacates the first floor office space, then this temporary business office conditional use permit shall no longer be valid. Bill Pierce recused himself due to a conflict of interest as the property has been his client numerous times in the past. Warren Campbell made a presentation per the staff memorandum. Ross Davis, attorney representing the applicant, appreciated the staff's hard work. On behalf of the applicant he expressed his belief that the application met the criteria prescribed for a conditional use permit. Chris Jarnot, Vail Resorts, expressed his support for the application and expressed that Vail Resorts is planning to move their existing office uses from Concert Hall Plaza over to this location and other locations. He thanked the Commission for their continued support and open minded thinking. He is hopeful that within three years a permanent location would be found. Jim Lamont expressed the importance of the Lionshead redevelopment Master Plan and understood that an interim use may be acceptable. He believed that the continuation of the conditional use permit was in keeping with the goals of the Master Plan. He stated that if Vail Resorts, current tenant, left the o�ce space, then that should trigger the re-evaluation of the conditional use permit. Commissioner Kurz was supportive of the extension and commented that it seems practical to keep the office uses in that location. Page 1 Commissioner Paladino was in support and added that it is valuable to have office in Lionshead to support the neighboring businesses. Commissioner Proper supported the extension and wished to tie the approval of a conditional use permit to this specific tenant. Commissioner Viele was in support, but did not believe the conditional use permit should be tied to this specific tenant. Commissioner Kjesbo agreed with Lamont and Proper that the conditional use permit should be tied to Vail Resorts, and he was in support. 30 minutes 2. A request for a final recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units from 77 units to 78 units; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC090003) Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Recommendation of approval with condition(s) MOTION: Kjesbo SECOND: Kurz VOTE: 6-1-0 (Pierce opposed) CONDITION(S): The Developer shall address the following conditions of approval prior to appearing before the Vail Town Council for second reading of an adopting ordinance for the establishment of Special Development District No. 39, Crossroads: 1. The Developer shall prepare an amended written agreement, for Town Council review and approval, outlining the responsibilities and requirements of the required offsite improvements, as indicated on the proposed Approved Development Plan. This agreement shall include, but not be limited to, all streetscape improvements along Village Center Road and East Meadow Drive, public access to the plaza for pedestrians and Town sponsored events, which may include the establishment of an easement on the plaza and language in the covenants and declarations for owners of property in the project regarding the use of the plaza for special events, inclusion of the loading and delivery facility in the overall loading and delivery system, payment of traffic impact fees and credits given to offset fee, and details for funding public art. The Developer shall address the following conditions of approval prior to submitting a building permit application (a grading permit/excavation permit shall constitute a building permit); 1. The Developer shall submit a final exterior building materials list, typical wall section, architectural specifications, and a complete color rendering for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 2. The Developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the submittal of a building permit application. All rooftop mechanical equipment shall be incorporated into the overall design of the structure and enclosed and visually screened from public view. Page 2 3. The Developer shall receive all the required permits from the Colorado Department of Transportation (CDO� prior to submitting for a building permit. Failure to receive the appropriate permits to access the South Frontage Road per the Approved Development Plan will require the project to return through the special development district review process. 4. The Developer shall comply with the written final comments of the Town of Vail Public Works Department outlined in the memorandum from the Town of Vail Public Works Department, dated January 16, 2006, prior to submitting an application to the Town of Vail Community Department for the issuance of a building permit for this project. 5. The Developer shall submit a written letter agreeing to install a public safety radio communications system within the subterranean parking structure which meets the specifications of the Town of Vail Communications Center. The specifications and details of this system shall be submitted to staff for review and approval with the application for a building permit. 6. The Developer shall submit a fire and life safety plan for review and approval by the Town of Vail Fire Department in conjunction with the building permit submittal. The Developer shall address the following conditions of approval prior to release of a full building permit, requesting a temporary certificate of occupancy, or a final certificate of occupancy; 1. The Developer shall submit a comprehensive sign program for review and approval by the Design Review Board, prior to requesting a temporary certificate of occupancy, or a final certificate of occupancy. 2. The Developer shall be assessed a traffic impact fee of a6,500 per net trip increase in p.m. traffic. The traffic and trip generation report prepared by Fox Higgins Transportation Group dated June 2007, that specificaily addresses the change in number of condominium units from 75 to 77, states that the net peak increase is 81 trips, 13 more trips than in the original approved traffic study dated November 2005. Since the usage of the commercial space is still in flux the Public Works Department will require that a new study be performed prior to the issuance of a full building permit to address the traffic generation created by the specific tenants that will lease the commercial/retail space within the project. This change may cause the trip generation to increase. The applicant shall be responsible for mitigating the number of net peak trip increases depicted in the revised study. This impact fee shall not be offset by any public improvements and shall be paid prior to requesting a temporary certificate of occupancy or certificate of occupancy. 3. The Developer shall post a bond to provide financial security for 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a temporary certificate of occupancy. This includes but is not limited to the proposed streetscape improvements. 4. The Developer shall commence initial construction of the Crossroads improvements within three years from the time of its final approval at second reading of the ordinance estabiishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the Page 3 special development district within the time limits imposed, the approvai of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A,4, Vail Town Code. 5. Emp/oyee Housing: Crossroads shall fumish deed restricted employee housing sufficient to accommodate 22 occupants by executing appropriate restrictive covenant(s) on form(s) provided by the Town. Any dwelling unit(s) restricted shall conform to the following floor area requirements: a one-bedroom unit shall contain at least 550 sq. ft. of floor area and accommodate no more than 2 occupants; a two- bedroom unit shall contain at least 850 sq. ft. of floor area and accommodate no more than 3 occupants; a three-bedroom unit shall contain at least 1,350 sq. ft. of floor area and accommodate no more than 4 occupants; and a four-bedroom unit shall contain at least 1,500 sq. ft. of floor area and accommodate no more that 5 occupants. The Town may approve minor variations in floor area when the overall intent of the floor area requirements is being met. Any deed restriction shall be for property located within the Town. Such deed restriction(s) shall be executed and provided to the Town for recording and restricted unit(s) shall be available for occupancy prior to the issuance of a temporary certificate of occupancy for the Crossroads Project or any phase thereof. Any deed restricted employee housing unit shall comply with the standards and procedures established by the Town Zoning Regulations. 6. The approval of SDD No. 39, Crossroads, shall restrict the uses upon the plaza level tenant spaces to retail uses solely and shail not be utilized for professionai offices, business offices, and studios. The second floor retail space may be utilized for any allowabie or conditional use as listed in the Commercial Service Center Zone District. No space noted as retail space on the Approved Development Plan shall be converted to a residential dwelling unit. Temporary real estate sales offices may be ailowed on the plaza level of retail during the first two years following the issuance of a certificate of occupancy in order to aliow effective sales of dwelling units on- site. Warren Campbell made a presentation per the staff memorandum. Dominic Mauriello, representing the applicant, gave a power point presentation detailing the request and the reasons for the request. Ann Bishop, attomey representing the Vail Village Inn Phase III H.O.A., under authority of Deanne Hall, president, stated they are in support of the proposal. Connie Knight, resident, asked for clarification on the employee housing requirements. Gwen Scalpello, resident, stated her concern about the creep up in dwelling units on the site. She cited that the original approval was for 69 units then it went to 75 then to 77 and now 78 units are proposed. She added that while this space may be challenged that a restaurant or office might be ideal for the space as they tend to be destinations. She pointed out Campo DiFori which is on a second floor hard to find space, but is successful. Commissioners Kurz, Paldino, Tjossem expressed their support for the proposal, identifying that the space would be difficult to make successful. Page 4 Commissioner Proper stated that he understands the difficulty in renting the space for commercial due to the resulting design, but he added that almost all commercial spaces have some challenge which can be compensated for by charging an appropriate rent for the space. Commissioner Viele stated that the building is approved and under construction, and the Town should do everything they can to make sure the project does not go upside-down. Commissioner Kjesbo stated his support of the proposal and his agreement with Commissioner Viele. Commissioner Pierce stated that he did not believe that an empty condo adds to the character of the neighborhood and therefore is in opposition to the proposal. 30 minutes A request for a work session to discuss the establishment of a new special development district, pursuant to Article 12-9A, Special Development (SDD) District, Vail Town Code, located at 303 Gore Creek Drive, Units 7 throughl4 (Vail Rowhouses)/Lots 7 through 13, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC080074) Applicant: Christopher Galvin, represented by K.H. Webb Architects Planner: Bill Gibson ACTION: Tabled to March 23, 2009 MOTION: Kjesbo SECOND: Viele VOTE:6-0-0 Warren Campbell made a presentation per the staff memorandum. Dominic Mauriello, representing the applicant, gave a power point presentation providing the history of the development on the site and the proposal. Commissioner Kurz asked if the owners have owners committed to making improvements to their units and would they reconstruct all at one time? Dominic Mauriello stated that all the owners are committed to reconstructing their homes, however he did not see they performing construction all at the same time. He suggested that finro units may reconstruct at the same time. Commissioner Kjesbo asked what the heights of the already reconstructed units were currently and pointed out the decrease to the side setback on Unit 13. Dominic Mauriello stated that they were approximately 42 feet so the proposal was not for a significant increase in height. Commissioner Tjossem inquired as to the impacts of applying an SDD to only Units 7-13 and not all the units. Dominic Mauriello reviewed the history of the development and that they were platted differently from each other. Units 1-7 were condominiums and 7-13 were townhomes. Connie Knight, property owner in the adjacent property to the east, asked if this SDD would apply to other townhome properties, why an SDD was needed, and what would keep neighboring properties from applying for an SDD as they have similar situations? She added her concern over the proposed 10 foot setback on the east, is not a good idea adjacent to the public park. Page 5 Warren Campbell stated that the proposed SDD would only apply to these 7 lots, that an SDD was only one method to address the desire to not have to request multiple variances each time someone wished to redevelopment (new zone district, rezoning to an existing district, amend existing district, or do nothing), and neighboring properties would have the same opportunity to request an SDD to aid in their redevelopment. Commissioner Pierce inquired as to the existing GRFA on the sites and how it compared to what was being proposed. Allison Kent, representing the applicant, provided the GRFA of each structure existing currently which in many case exceeded the allowable GRFA for the property. Warren Campbell pointed out that those properties exceeding the allowable GRFA have likely utilized there 250 additions. Connie Knight asked for clarification on the proposed setbacks and noted her concern that the public benefit being proposed was not sufficient. Gwen Scapello, resident, pointed out that the SDD process is the most onerous and expensive process. She stated that it appears that the Town has forced the property owners into a tough position. Perhaps the Town should look into a zoning district change that would be appropriate for the townhomes, instead of creating an SDD. Dominic Mauriello stated that we the SDD process is not significantly different form amending or creating a zone district. Kyle Webb, architect, on behalf of applicant. Stated that the existing units are 2-3 bedroom with partial basements. Everyone in the neighborhood is unique, therefore blanket zoning wouldn't work. He commented that if the development rights are increased, the development will need to contribute to employee housing per the regulations. Connie Knight pointed out the proposed large increase to GRFA on each lot. Warren Campbell explained that the proposed GRFA is not the only parameter, and that setbacks, site coverage and height also regulate development. He added, that he suspected that the proposed GRFA maximums would not be obtainable when the other parameters were taken into account. Commissioner Kjesbo also explained that the Design Review Board would also need to approve any redevelopment. Connie Knight asked if what was being proposed could be accomplished through the creation of a new zone district for all the townhome type projects? Warren Campbell explained that yes a new zone district could be established for properties like the Vail Rowhouse, Vail Trails East and West, and Texas Townhomes; however, each project is different, which makes it difficult to chose a blanket district, and the result would likely be that each property would still have to request a variance as they would not be able to comply completely with the new zoning districts requirements. Commissioner Pierce asked for clarity on the public benefit of heated paver installation that would need to be heated by the Town and would create a heated street portion between two unheated portions. He would like to see more improvements made in public parks or streets. Page 6 Commissioner Proper asked if the proposal was to heat from the bridge adjacent to Gorsuch to Staub Park? Dominic Mauriello stated that no they were proposing to install paver and heat melt tubing along the Frontage of the Vail Rowhouse property. Warren Campbell stated that staff would have additional conversations with Public Works and the applicant to flush out the specifics of the proposed street pavers and tubing. Commissioner Pierce suggested that the sidewalk be heated instead or that improvements be made to the adjacent park. Commissioner Proper asked if the public benefit mitigates the increased development potential? He asked staff to provide more direction at the future hearing. He believes the setback and height is substantial. Commissioner Kjesbo stated that the idea is to make the review process moire predictable by avoiding variances. The property is unique and the SDD is the right way to go. Commissioner Viele thinks the proposal includes a substantial windfall of increased development potential. Maybe the intended result is to ease the review process, but the result will be an over- developed property. He felt the proposed deviations, including GRFA and decreased setback on Lot 13 are significant and need to have a significant public benefit to off-set those increases. 5 minutes 4. A request for a work session for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West right-of- way/Unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080062) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell/George Ruther ACTION: Table to March 23, 2009 MOTION: Tjossem SECOND: Kjesbo VOTE: 6-0-0 5 minutes 5. A request for final review of conditional use permits, pursuant to Section 12-71-5, Conditional Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow for the development of a public or private parking lot (parking structure); a vehicle maintenance, service, repair, storage, and fueling facility; a ski lift and tow (gondola), within "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West right-of-way/Unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080063) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to April 13, 2009 MOTION: Tjossem SECOND: Kjesbo VOTE: 6-0-0 5 minutes 6. A request for a final review of major exterior alterations, pursuant to Section 12-71-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the area known as "Ever Vail" (West Lionshead), with multiple mixed-use structures including but not limited to, multiple-family dwelling units, fractional fee units, accommodation units, employee housing units, Page 7 office, and commercial/retail uses, located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West right-of-way/Unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080064) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to April 13, 2009 MOTION: Tjossem SECOND: Kjesbo VOTE: 6-0-0 5 minutes A request for a final recommendation to the Vail Town Council for prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12- 10-19, Core Areas Identified, Vail Town Code, to amend the core area parking maps to include "Ever Vail" (West Lionshead) within the "Commercial Core" designation, and setting forth details in regard thereto. (PEC080065) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to April 13, 2009 MOTION: Tjossem SECOND: Kjesbo VOTE:6-0-0 5 minutes A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning of properties from Arterial Business District and unzoned South Frontage Road West right-of-way which is not zoned to Lionshead Mixed Use-2, properties known as "Ever Vail" (West Lionshead), located at 953 and 1031 South Frontage Road West and South Frontage Road West right-of-way, (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080061) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to April 13, 2009 MOTION: Tjossem SECOND: Kjesbo VOTE: 6-0-0 9. Approval of February 23, 2009 minutes MOTION: Kurz SECOND: Tjossem VOTE: 6-0-0 10. Information Update The Commission was provided a copy of Title 11, Sign Code, to begin reading in preparation for the work session on March 23, 2009. 11. Adjournment MOTION: Kurz SECOND: Kjesbo VOTE: 6-0-0 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 March 6, 2009, in the Vail Daily. Page 8 MEMORANDUM TO: Vai1 Town Council FROM: Community Development Department DATE: October 7, 2008 SUBJECT: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval of a request for a final review of an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the extension of a conditional use permit to allow a temporary business office, located at 450 East Lionshead Circle (Treetops Building)/Lot 6, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC080043) Appellants: Vail Town Council Planner: Bill Gibson I. SUBJECT PROPERTY The subject property is located at 450 East Lionshead Circle (Treetops Building)/Lot 6, Vail Lionshead Filing 1. II. STANDING OF APPELLANT The Vail Town Council, the appellant, has standing to file an appeal of the Planning and Environmental Commission's decision pursuant to Sub-section 12- 3-3C-1, Vail Town Code. III. REQUIRED ACTION The Town Council shall uphold, overturn, or modify the Planning and Environmental Commission's approval, with conditions, of the conditional use permit application pursuant to Section 12-3-3, Appeals, Vail Town Code. IV. BACKGROUND On August 25, 2008, the Planning and Environmental Commission approved, with conditions, an amendment to an existing conditional use permit, pursuant to Sectio�► 12-16-10. Amendment Procedures, Vail Town Code, to allow for the extension of a conditional use permit to allow a temporary business office, located at 450 East Lionshead Circle (Treetops Building)/Lot 6, Vail Lionshead Filing 1, and setting forth details in regard thereto, by a vote of 5-0-1 (Pierce recused). The August 25, 2008, Staff memorandum to the Commission (Attachment A) and the August 25, 2008 meeting minutes (Attachment B) have k�een attached for reference. The Vail Town Council "called-up" this Planning and Environmental Commission's action at its September 2, 2008, public hearing by a vote of 5-0-2 (Cleveland and Gordon opposed). VI 1�I1 � STAFF RECOMMENDATION The Community Development Department recommends the Vail Town Council upholds the Planning and Environmental Commission's August 25, 2008, decision. Should the Vail Town Council choose to uphold the Commission's decision, Staff recommends the Council approves the following motion: "The Vail Town Council upholds the Planning and Environmental Commission's approval of a request for a final review of an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the extension of a conditional use permit to allow a temporary business office, located at 450 East Lionshead Circle (Treetops Building)/Lot 6, Vail Lionshead Filing 1, and setting forth details in regard therefo." Should the Town Council choose to uphold the Planning and Environmental Commission's decision, the Department of Community Development recommends the Council makes the following findings: "Based upon the memorandum to August 25, 2008, Council finds: review of the criteria outlined in Section Vll this Staff the Planning and Environmental Commission dated and the evidence and testimony presented, the Town The proposed temporary business office, located at 450 East Lionshead Circle (Treetops Building), is in accordance with the purposes of the Zoning Regulations and the Lionshead Mixed-Use 1 District as referenced by Section IV of the Sfaff inemorandum to the Planning and Environmental Commission dated August 25, 2008. 2. The proposed temporary business office, located at 450 East Lionshead Circle (Treetops Building), and the conditions under which it will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. The proposed temporary business office, located at 450 East Lionshead Circle (Treetops Building), does comply with each of the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code, as referenced by Section IV of the Staff inemorandum to the Planning and Environmental Commission dated August 25, 2008." ATTACHMENTS A. August 25, 2008, Staff memorandum to the PEC B. August 25, 2008, PEC minutes (excerpt) � �S, a�� There was no public comment. The Commissioners expressed support for the application. 3. A request for a final review of an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the extension of a conditional use permit to allow a temporary business office, located at 450 East Lionshead Circle (Treetops Building)/Lot 6, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC080043) Applicant: Vail Corporation, represented by Brian McCartney Planner: Bill Gibson ACTION: Approved with a condition(s) MOTION: Kurz SECOND: Proper VOTE: 5-0-1 (Pierce recused) CONDITION(S): 1. Approval of this conditional use permit is valid until August 30, 2009, and shall be again reviewed by the Planning and Environmental Commission in May of 2009. Bill Pierce recused himself due to a conflict of interest as he is on the board for Treetops. Commissioner Viele became Chair. Bill Gibson presented an overview of the proposal and the Staff memorandum. Brian McCartney, representing Vail Corporation, suggested that he would request a one-year extension which cauld be re-evaluated in May of 2009. He recommended the PEC to consider revisiting the zoning requirements allowing for only commercial uses on the ground floor. There is an economic value to having offices in Vail and in the Villages. Commissioner Proper asked how long the temporary offices had been using the Treetops space. Bill Gibson responded that the offices had gone in during the summer and fall of 2004. Bob Armour, resident of Vail, works out of Lionshead. Reaffirmed that the Treetops building has not been effective for retail in the past and recommended an extension of the temporary offices for one-year up. Kieth Odza, representing Montaneros, asked how many employees worked out of the space. Brian McCartney stated that 60 work out of Treetops and 20 in Concert Hall Plaza. Kieth Odza, stated his support for keeping people in Lionshead, as they add vitality to Lionshead. He stated his support for a one year extension of the temporary offices. The Commissioners expressed their support for a one year extension, and further suggested that Staff explore revisions to the Code to encourage more office spaces within the town. 4. A request for a firral review of an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the extension of a eondtional use permit to alfow fior a��"ry tiusin�ss office located at 616 West Lionshead Circle (Cancert Hall Plaza Building)/Lot 1, Vail Lionshead Fi�ing 4, and setting forth details in regard thereto. (PEC080044) Applicant: Vail Corporation, represented by Brian McCartney Page 5 Planner: Bill Gibson ACTION: Approved with a condition(s) MOTION: Proper SECOND: Viele VOTE: 6-0-0 CONDITION(S): 1. Approval of this conditional use permit is valid until August 30, 2009; and shall be reevaluated by the Planning and Environmental Commission in May of 2009. Bill Gibson presented an overview of the proposal and the Staff memorandum. There was no public comment. The Commissioners expressed their support for the project. 5. A request for a final recommendation to the Vail Town Council for the adoption of the Town of Vail Employee Housing Strategic Plan, and setting forth details in regard thereto. (PEC080045) Applicant: Town of Vail, represented by Nina Timm Planner: Nicole Peterson ACTION: No action required. Comments forwarded. Nicole Peterson presented an overview of the proposal and the Staff memorandum. Commissioner Pierce asked where the strategic plan fit into the overall structure of the employee housing program. Nina Timm, TOV Housing Coordinator, replied that Staff and Council perceive it as being a tool that would be used in furthering the goal of providing affordable housing to people in the Town of Vail for all income levels. Commissioner Pierce asked how much work has gone into exploring housing outside Vail, on a regional level. Nina Timm, stated that the Town has been talking to great extent with the County and partnering to solve the problem regionally. Commissioner Pierce suggested that there was an imbalance between appreciation capped units and those that are not capped. Individuals who buy a deed restricted unit do not gain the equity to break out of the employee housing system. He concluded by stating that the Town should focus on rental which then allow people to save to eventually buy market-rate units. Commissioner Kurz suggested that the only issue that has not been vetted is that individuals are not being taught how to obtain housing through saving, etc. He suggested that the document should include a goal about training people on how to achieve housing success. In order to receive housing you must take a training financial class. Commissioner Proper disagreed with Commissioner Pierce that buying and appreciation capped locked you into affordable housing forever. He likes the idea of tying deed-restricted units to a financial education program. Commissioner Pierce feels this plan and the previously approved ardinances rely to heavily on private developers and project redevelopment. This should be a community issue funded by a tax base. Page 6 ORDtNANCE NO. 22 SERIES OF 2007 ORDINANCE NO. 22, SERIES OF 2007, AN ORDINANCE AMENDING SECTION 12-2-2, DEFINITIONS, AND SECTION 12-16-7, USE SPECIFIC CRITERIA AND STANDARDS, VAIL TOWN CODE, TO ALLOW FOR AMENDMENTS TO THE REGULATION OF TEMPORARY BUSINESS OFFICES, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Planning and Environmental Commission of the Town of Vaii has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code; and WHEREAS, the Planning and Environmental Commission of the Town of Vail recommended approval of these amendments at its July 9, 2007 meeting, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and 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; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL O� THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to amend the time limitation requirements for temporary business offices. (Text that is to be deleted is s#�islcer�. Text that is to be added is bold. Sections of text that are not amended may be omitted.) Ordi�ance No. 22, Series of 2007 Section 2. Section 12-2-2 (in part) is hereby amended as follows: � � 0 OFFICE, TEMPORARY BUSINESS: An o�ce for the conduct af 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. Section 3. Sub-Section 12-16-7-A (in part) is hereby amended as follows: 14. Temporary Business Offices: a. Offices for real estate agents shafl be excluded. b. The storage, sale, or display of inerchandise on the premises shatl occupy less 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 oniy 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 andlor 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 years without additional review. Ordinance No. 22, Series of 2007 � f. A conditiona! use permit approval for a temporary busihess 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. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect 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 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the 7own of Vail and the inhabitants thereof. Section 6. The amendment of any provision of the 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 7. 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. �o� 3 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17'" day of July, 2007, and a public hearing for second reading of this Ordinance set for the 7'h day of August, 2007, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. A '�.� .�-_ odney E. Slifer, yor n, own Clerk � � SL''j � INTRODUCED, READ, ADOPTED AND E� ECOND READING AND ORDERED PUBLISHED IN FULL this 7`" day of August, 2007. /� / i r. - � c Rodney E. lifer, Ma or ATTEST� , rel i Donaidso , Town Clerk �O�.jN.�F V� •• '•. / ' •� . ; : ; = SEAL i � ��•..... � Ordinance No. 22, Series of 2007 4 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: July 17, 2007 SUBJECT: Ordinance No. 22, Series of 2007, an ordinance amending Section 12-2-2, Definitions, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments to the regulation of temporary business offices, and setting forth details in regard thereto. (PEC07-0040) Applicant: Vail Resorts, represented by Jay Peterson Planner: Bill Gibson I. DESCRIPTION OF THE REQUEST The applicant, the Town of Vail, is requesting a first reading of Ordinance 22, Series of 2007 an ordinance amending Section 12-2-2, Definitions, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments to the regulation of temporary business offices, and setting forth details in regard thereto. II. BACKGROUND On November 16, 2004, the Vail Town Council adopted Ordinance No. 26, Series of 2004, to allow "Temporary Business Offices" on the first-floor of buildings within the Lionshead Mixed Use 1 District. The purpose of this ordinance is to allow existing Lionshead area office uses, which are displaced by the construction activities of redevelopment projects, to be temporarily relocated within the Lionshead area. On January 4, 2005, the Planning and Environmental Commission granted approval, with conditions, of a conditional use permit for Vail Resort's temporary business offices currently occupying the first-floor of the Treetops commercial building and the Concert Hall Plaza Building. These approvals were subject to expire on January 24, 2008. On June 11, 2007, the Planning and Environmental Commission granted extensions to these approvals, contingent upon the Vail Town Council's adoption of text amendments revising the Vail Town Code to allow for such extensions by a vote of 4-1-1. On July 9, 2007, the Planning and Environmental Commission held a public hearing to review the proposed text amendments to allow for said extensions to the Treetops and Concert Hall Plaza temporary business office conditional use permits. The Planning and Environmental Commission forwarded a recommendation of approval, with modifications, to the Town Council by a vote of 3-2-1. The recommended modifications have been incorporated into Ordinanee No. 22, Series of 2007. The Staff memorandum to the Planning and Environmental Commission dated July 9, 2007 (Attachment A), the July 9, 2007, hearing minutes (Attachment B), and Ordinance No. 22, Series of 2007 (Attachment C) have been attached for reference. III. STAFF RECOMMENDATION The Department of Community Development recommends that the Vaii Town Council approve Ordinance No. 22, Series of 2007, on first reading to amend Section 12-2-2, Definitions, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments to the regulation of temporary business offices, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria noted in Section V of the July 9, 2007, staff memorandum to the Planning and Environmental Commission and the evidence and testimony presented. Should the Town Council choose to approve Ordinance No. 22, Series of 2007, on first reading, the Department of Community Development recommends the Town Council make the following findings: "1. That the amendments are 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 based upon the review outlined in Section V of the Staff's July 9, 2007, memorandum to the Planning and Environmental Commission; and, 2. That the amendments further the general and specific purpose of the Zoning Regulations based upon the review outlined in Section V of the Staff's July 9, 2007, memorandum to the Planning and Environmental Commission; and, 3. That the amendments promote the health, safety, morals, and general welfare of the Town and 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 based upon the review outlined in Section V of the Staff's July 9, 2007, memorandum to the Planning and Environmental Commissio." IV. ATTACHMENTS A. Staff memorandum to the PEC dated July 9, 2007 B. July 9, 2007, PEC hearing minutes C. Ordinance No. 22, Series of 2007 ORflINANCE NO. 22 SERIES OF 2007 ORDINANCE NO. 22, SERIES OF 2007, AN ORDINANCE AMENDING SECTION 12-2-2, DEFINITIONS, AND SECTION 12-16-7, USE SPECIFIC CRITERIA AND STANDARDS, VAIL TOWN CODE, TO ALLOW FOR AMENDMENTS TO THE REGULATION OF TEMPORARY BUSINESS OFFICES, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code; and WHEREAS, the Planning and Environmental Commission of the Town of Vail recommended approval of these amendments at its July 9, 2007 meeting, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and 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; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to amend the time limitation requirements for temporary business offices. (Text that is to be deleted is �isl�er�. Text that is to be added is bold. Sections of text that are not amended may be omitted.) Ordinance No. 22, Series of 2007 Section 2. Section 12-2-2 (in part) is hereby amended as follows: � „��.� ■ . . . �� . 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. Section 3. Sub-Section 12-16-7-A (in part) is hereby amended as follows: 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 less 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, poficies, and objectives, but in no event may such an extension be allowed for more than three years without additional review. Ordinance No. 22. Series of 2007 2 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. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect 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 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6. The amendment of any provision of the 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 7. 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. Ordinance No. 22, Series of 2007 3 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17`h day of July, 2007, and a pubiic hearing for second reading of this Ordinance set for the 7�h day of August, 2007, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 7th day of August, 2007. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 22, Series of 2007 I! Rodney E. Slifer, Mayor MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 9, 2007 SUBJECT: A request for a final recommendation to the Vail Town Council for a text amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section 12-2-2, Definitions, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments to the regulation of temporary business offices, and setting forth details in regard thereto. (PEC07- 0040) Applicant: Vail Resorts, represented by Jay Peterson Planner: Bill Gibson I. SUMMARY The applicant, Vail Resorts, represented by Jay Peterson, is requesting that the Planning and Environmental Commission forwards a recommendation to the Vail Town Council regarding proposed text amendments to Section 12-2-2, Definitions, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments to the regulation of temporary business offices, and setting forth details in regard thereto. 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 forward a recommendation of approval to the Vail Town Council for the proposed text amendments, subject to the findings noted in Section V of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Vail Resorts, is proposing amendment's to the Town's regulation of "temporary business offices". The purpose of these text amendments is to allow Vail Resorts to continue to operate "temporary business offices" within the Treetops and Concert Hall Plaza buildings, beyond the 3 year time limit prescribed by the Vail Town Code. The following is a summary of the proposed text amendments: Deleted text is indicated with a +riLo�hrni �r�h and new text is bold 12-2-2: DEFINITIONS OFFICE, TEMPORARY BUSINESS: An office for the conduct of genera! business and service activities for a limited duration of time ^^� +^ °vnooiJ fhroo � , , to accommodate the displacement of an existing business office i� within the Town of Vail due to redevelopment construction activities. #e�--�s�a�ce . � > > , > > 0 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 exisfing business office within the Town of Vail due to redevelopmenf construcfion acfivities. 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 12-96-6 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 fitle. d. Signage shall be provided in accordance Title 11, Sign Regulations, of this code. e. The business and service activities and transactions may only be conducted for a limifed time period, not to exceed three (3) years. The Planning and Environmental Commission may approve a time period longer than three (3) years, or extend an existing time period, should the Commission determine that special circumstances or conditions exist that warrant such an extended time period. The Planning and Environmental Commission musf determine that any time period approved for longer than three (3) years is the minimum time frame necessary to facilitate specific redevelopment construction activities that achieve the Town's goa/s, policies, and objectives. f. A conditional use permit approval for a temporary business office may be reviewed by the Planning and Environmental Commission on an annual basis to verify the applicant's compliance with the conditions of approval. Iil. BACKGROUND On November 16, 2004, the Vail Town Councii adopted Ordinance No. 26, Series of 2004, to allow "Temporary Business Offices" on the first-floor of buildings within the Lionshead Mixed Use 1 District. The purpose of this ordinance is to allow existing Lionshead area office uses, which are displaced by the construction activities of redevetopment projects, to be temporarily relocated within the Lionshead area. On January 4, 2005, the Planning and Environmental Commission granted approval, with conditions, of a conditional use permit for Vail Resort's temporary business offices currently occupying the first-floor of the Treetops commercial building and the Concert Hall Plaza Building. These approvals were subject to expire on January 24, 2008. On June 11, 2007, the Planning and Environmental Commission granted extensions to these approvals, contingent upon the Vail Town Council's adoption of text amendments revising the Vail Town Code to allow for such extensions. IV. APPLICABLE PLANNING DOCUMENTS A. 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 promofe 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 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 �and with structures. 8. To safegaard and enhance the appearance of the Town. 9. To conserve and profect 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 (in part) Section 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, time shares, 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 District by establishing appropriafe site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing privafe 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 developmenbredevelopment 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. Chapter 12-16: CONDITIONAL USES PERMITS (in part) Section 12-16-1: Purpose; Limitations In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be locafed properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. B. Lionshead Redevelopment Master Plan 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redevelopment 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. 2.3.2 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 art venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. V. CRITERIA AND FINDINGS Consideration of Factors Reqardinq the Text Amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and Staff believes the proposed text amendments will provide the Planning and Environmental Commission more flexibility and discretion in regulating temporary business offices to achieve the zoning regulation's purpose of promoting coordinated and harmonious development. The proposed text amendments will allow the Commission the ability to review the time frame for a temporary business office on a case-by-case basis in response to the specific circumstances of the request. Therefore, Staff believes the proposed text amendments further the general and specific purposes of Title 12. 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 The proposed text amendments will simplify the definition of the term "temporary business office" in Chapter 12-2, Definitions, Vail Town Code, and will relocate the specific regulations applied to temporary business offices to Chapter 12-16, Conditional Use Permits, Vail Town Code. Staff believes this format is more consistent with zoning code's regulation of other conditional uses than the existing text. Staff believes this consistency will make the zoning code clearer and easier to use, thus better implementing the policies associated with temporary business offices. Staff believes the proposed text amendments will provide the Planning and Environmental Commission more flexibility and discretion in regulating temporary business offices to achieve the Town's redevelopment objectives. The proposed text amendments will allow the Commission the ability to review the time frame for a temporary business office on a case-by-case basis in response to the specific circumstances of the request. Staff believes the proposed text amendments will therefore better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Pian and are 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; and The Town's regulations for temporary business offices were originally adopted in November of 2004, at the very beginning of Vail's "Billion Dollar Renewal". These original regulations were adopted in response to an issue that was not anticipated prior to the beginning of the significant redevelopment projects such as the Lionshead core site (i.e. Arrabelle). Staff believes the proposed text amendments are another example of adapting to the changing redevelopment scenarios within the Town of Vail. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. Staff supports the policy of limiting the duration of a temporary business office conditional use permit to a specific and consistent time frame; however, Staff also believes flexibility and discretion should be afforded to the Planning and Environmental Commission to evaluate such applications on a case-by-case basis in response to the specific circumstances of the request. Staff believes that the proposed text amendments will facilitate and provide a harmonious, convenient, workable relationship among land use regulations that are consistent with the Town of Vail master plans and development objectives. 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 that the Planning and Environmental Commission forwards a recommendation of approval to the Town Council for amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section 12-2-2, Definitions, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments to the regulation of temporary business offices, and setting forth details in regard thereto. (PEC07-0040) Staff's recommendation is based upon the review of the criteria in Section V of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to recommend approval of the proposed amendments; Staff recommends that the following findings be incorporated into a motion: "1. That the amendments are 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 0 2. That the amendments further the general and specific purpose of the Zoning Regulations; and 3. That the amendments promote the health, safety, morals, and general welfare of the Town and 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 highesf quality. " f � � ;; � ORDINANCE NO. 26 Series of 2004 AN ORDINANCE AMENDING SECTION 12-7H-3, PERMiTTED AND CONDITIONAL USES, FIRST FLOOR OR STREET LEVEL, ADDlNG "TEMPORARYBUS/NESS OFFICE"AS A CONDITIONAL USE IN THE LIONSHEAD MIXED USE 1 ZONE DISTRICT, AMENDING SECTION 12-2-2, DEFINITIONS, TO DEFINE THE TERM "TEMPORARYBUSINESS OFF/CE", AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on October 11, 2004, the Planning and Environmental Commission of the Town of Vail held a pubiic hearing on the text amendment in accordance with the provisions of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission finds that the text amendment furthers the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this text amendment at its October 11, 2004, meeting, and has • submitted its recommendation of approval to the Vail Town Council; and C� WHEREAS, the Vail Town Council finds that the text 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 W HEREAS, the Vail Town Council finds that the text amendment furthers the general and specif+c purposes of the Zoning Regufations; and WHEREAS, the Vai! Town Council finds that the text amendment promotes the health, safety, morals, and general welfare of the Town and 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. Ordinance No. 26, Series of 2004 � • NOW, THEREFORE, BE iT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-7H-3 and Section 12-2-2 of the Vail Town Code shall hereby be amended as follows: (deletions are shown in s�e-t�r�g#/additions are shown bold) 12-7H-3: PERMITTED AND CONDlTIONAL USES; FIRST FLOOR OR STREET LEVEL: A. De�nition: The �rst floor" or "street level" shal! be defrned as that floor of the building that is located ai grade or streef Ievel along a pedestrianway. B. Permiffed Uses: The following uses shall be permifted on tf►e frrst floor or street leve! within a structure: Banks, with wa/k-up tel/er facilities. Eating and drinking establishmenfs. Recreafion facilities. Retail stores and establishments. Skier ticketing, ski school, skier services, and daycare. Travel agencies. Additiona/ uses defermined to be similar to permitted uses described in fhis subsection, in accordance with the provisions of section 12-3-4 of this tit/e. I • C. Condifional Uses: The fo/lowing uses shali be permitted on the first floor or sfreet � level floor within a structure, subject to issuance of a conditional use permit in accordance wfth the provisions of chapter 16 of this tifle: Barbershops, beauty shops and beauty parlors. Conference facilities and meeting rooms. Financial institutions, other fhan banks. �iquor sfores. Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fractional fee c/ubs, lodge dwelling units, and employee housing units (type ll! (EHU) as provided in chapter 13 of this title). Radio, N stores, and repair shops. Temporary Buslness Offlces Addifiona! 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. And, 12-2-2: DEFINTIONS: OFFICE, TEMPORARY BUSINESS: An offrce for the conduct of general business and service activities for a duration �f time not to exceed three (3) years, subject to an annual review by the P/anning and Environmental Commission to verify the applicant's compliance with the conditions of approval, to accommodate the displacement of an existing off`ice rn the Town of Vail due fo • redevelopment for insurance agents, brokers, secretarial or stenographic services, or o�ces for genera! business activities and fransactions, where Ordinance No. 26, Series of 2004 2 � • storage, sale, or disp/ay of inerchandise on the premises occupies less than ten percenf (�0°`) of fhe floor area. A temporary business o�ce shall not include o�ces of rea/ estates agents. • Section 2. Ordinance 26, Series of 2004, shall become null and void on December 31, 2008, and Temporary Business Offices shall cease to be a conditiona! use in the Lionshead Mixed Use 1 zone Oistrict on December 31, 2008. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason heid to be invalid, such decision shall not affect the validit�r 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, regardtess of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. The amendment of any provision of the 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 6. All bylaws, orders, resolutions and ordinances, or parts thereof, � Ordinance No. 26, Series of 2004 3 } • 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 2"d _day of November, 2004. A public hearing shail be held heron on the 16�' day of November, 2004 at 6:00 PM, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Vai1 Municipal Building of the Town of Vail, Colorado. ��1 QF � �p ..,......, qi : •f : .� : SEAL . ATTEST: � . .� ''•. ca.....•ap oRP, �� .3Lr-- Lorelei onaldson, Town Clertc �, ) , 9 , , odney Slifer, ayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 16�' day of November, 2004. � ., Rodney Slifer, M or ATTEST: FV.��► �....:!i ,�. ,,. ^ ^ o:. �� : A ' : � �: . . etei onaldson, Town Clerk ' .� ��co�o�'� Ordinance No. 26, Series of 2004 4 MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: October 11, 2004 SUBJECT: A request for a recommendation to the Vail Town Council of a proposed text amendment to Section 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level, and Section 12-71-3, Permitted and Conditional Uses; First Floor Street Level, Vail Town Code, to add "temporary business offices" as a conditional use in the Lionshead Mixed Use 1 8� 2 zone districts, and setting forth details in regard thereto. Applicant: Vail Resorts, Inc., represented by Braun Associates, Inc. Planner: George Ruther I. SUMMARY The applicant, Vail Resorts, Inc., represented by Tom Braun, is proposing text amendments to Sections 12-7H-3 and 12-71-3, Permitted and Conditional Uses; First Floor Street Level, Vail Town Code, to add "temporary business offices" as a conditional use in �he Lionshead Mixed Use 1& 2 zone districts. The purpose of the amendment is to address business office needs on a temporary basis during the construction of the Lionshead Core Site Hotel and associated improvements. Based upon staff's review of the criteria in Section VI of this memorandum, the Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval with conditions to the Vail Town Council of the requested text amendments, subject to the findings noted in Section VII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, Vail Resorts, Inc., is proposing text amendments to Section 12-7H-3 and Section 12-71-3, Lionshead Mixed Use 1& 2 zone districts, Vail Town Code. The purpose of the proposed text amendment is to address temporary business office needs during the construction of the Lionshead Core Site Hotel and associated improvements. Specifically, the construction of the Lionshead Core Site Hotel will result in the displacement of many existing business office uses in Lionshead (ie, general administrative offices, mountain operations offices, skier services offices, human resources, etc.). A more complete copy of the applicanYs request, entitled "Text Amendment to Lionshead Mixed Use 1 and 2 Zone District, Temporary Offices on First Floor or Street Level", dated September 13, 2004, has been attached for reference (Attachment A) The proposed text amendments are as follows: (deletions are shown in c�riLo +hr,,,,..ti/additions are shown bold) 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Definition: The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street levei along a pedestrianway. B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school, skier services, and daycare. Travel 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. C. 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: Barbershops, beauty shops and beauty parlors. Conference facilities and meeting rooms. Financial institutions, other than banks. Liquor stores. Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and employee housing units (type III (EHU) as provided in chapter 13 of this title). Radio, TV stores, and repair shops. Temporary Business Offices 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. 6(2000) § 2: Ord. 3(1999) § 1) Section 12-2-2, Definitions, OFFICE, TEMPORARY BUSINESS: An office for the conduct of general business and service activities for a duration of time not to exceed two (2) years, to accommodate the displacement of an existing office of 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 estates agents. III. BACKGROUND On September 16, 1975, the Vail Town Council adopted Ordinance No. 16, Series of 1975. This ordinance has become known as the "Ordinance Amending the Zoning Ordinance by Imposing Horizontal Zoning in CCI". The legislative intents of Ordinance No. 16 were to maintain and preserve the nature and character of Vail's commercial areas with a mixture of residential and commercial uses; to promote and protect these areas as pedestrian areas; and to promote a variety of retail shops at the pedestrian level by prohibiting business offices on the first floor. � On December 15, 1998, the Vail Town Council adopted the Lionshead Redevelopment Master Plan. Amongst other purposes, a goal of the Master Plan is to facilitate the redevelopment of the Lionshead Core Site which is identified in the Master Plan as the "Lionshead Retail Core". According to the Master Plan, the Lionshead Retail Core is a priority location for a new resort hotel. On September 27, 2004, the Town of Vail Planning & Environmental Commission approved five development review applications to allow for the construction of the Lionshead Core Site Hotel. Upon start of construction, it is anticipated that it will take nearly 24 months to complete the construction of the new resort hotel. During that time, numerous existing business office uses will be temporarily displaced. IV. ROLES OF REVIEWING BODIES Planninq and Environmental Commission: Action: The Planning and Environmental Commission is responsible for forwarding a recommendation of approval/approval with conditions/denial to the Town Council of a text amendment. The Planning & Environmental Commission 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; and 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 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 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and 5. Such other factors and criteria the Commission deems applicable to the proposed text amendment. Desiqn Review Board: Action: The Design Review Board has NO review authority of a text amendment or conditional use permit, but must review any accompanying Design Review application. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. The Town Council is responsible for fin�l approval/approval with conditions/denial of a text amendment. Staff: 3 The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memorandum containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zoninq Requlations (Title 12, Vail Town Code) Section 12-2-2, Definitions: 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%) of the floor area. Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level: A. Definition: The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level along a pedestrianway. B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school, skier services, and daycare. Travel 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. C. 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: Barbershops, beauty shops and beauty parlors. Conference facilities and meeting rooms. Financial institutions, other than banks. Liquor stores. Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and employee housing units (type III (EHU) as provided in chapter 13 of this title). Radio, TV stores, and repair shops. 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. 6(2000) § 2: Ord. 3(1999) § 1) 0 VI. CRITERIA AND FINDINGS The review criteria and factors for consideration for a request of a text amendment are established in accordance with the provisions of Chapter 12-3, Vail Town Code (Ordinance No. 4, Series 2002). A. Consideration of Factors Reqardinq the Text Amendment: The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and, The proposed text amendment furthers the general and specific purposes of the Zoning Regulations. According to Section 12-1-2, Purpose, Vail Town Code, the general and specific purposes of the Zoning Regulations are: `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 communify of high quality. 8. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for facilities. adequate light, air, sanitation, drainage, and public 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 community qualities and economic values. 6. To encot�rage a harmonious, convenient, workable relationship among land uses, consisfent 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; desirable natural features. 10. To assure adequate open space, recreation opportunities amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly community. " and other and other and viable Upon review of the stated purposes of the Zoning Regulations, staff believes that given the temporary nature of this text amendment and the needs it addresses, the proposed text amendment to allow temporary business office uses to be located on the first floor or street level within the Lionshead Mixed Use 1 zone district is compatible with the general purpose of the Zoning Regulations and the 5 specific purposes #5 and #6 above. Staff does not believe such an amendment is compatible with the Lionshead Mixed Use 2 zone district. 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, The purpose of the proposed text amendment is to provide adequate temporary sites and locations for existing business offices currently in Lionshead that will be displaced for a period of time during the construction of the Lionshead Core Site Hotel. The Lionshead Core Site Hotel is being constructed in conformance with the goals, objectives, and policies outlined in the Lionshead Redevelopment Master Plan. That said, in order to complete improvements that comply with the Master Plan, disruption to business office uses will occur. This amendment lessens the negative impacts associated with completing improvements in accordance with the goals, objectives and policies outlined in the Lionshead Redevelopment Master Plan. Additionally, this amendment will ensure that existing business in Vail will remain located within the community. It is possible that if this amendment were not approved, certain business office operations could be lost to more permanent locations down valley. 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, The proposed text amendment is requested in response to what will be a relatively short change in conditions within the areas located in the Lionshead Mixed Use 1 zone district. As previously stated, the construction of the Lionshead Core Site Hotel and the unintended consequences that construction of the hotel will have on existing business offices and mountain operations creates the need for this text amendment. To ensure that this amendment is only effective for the duration of the construction of the Lionshead Core Site Hotel, staff is proposing that a two (2) year sunset provision be placed on any amending ordinance. The purpose of the sunset provision would be to place a specific timeframe on the effective date of the ordinance and to ensure the discontinuance of the operation of all temporary business offices on a date certain. In the absence of a sunset provision, staff recommends that the proposed text amendment is denied. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and, Given the extenuating circumstances of the proposed text amendment, staff believes that the proposed amendment will provide a harmonious, convenient, workable relationship among land use regulations. As these circumstances are applicable only to uses effected in the Lionshead Mixed Use 1 zone district and not the Lionshead Mixed Use 2 zone district, staff recommends that the request for text amendments to Section 12-71-3, Permitted and Conditional Uses; First Floor Street Level, Vail Town Code, to add "temporary business offices" as a conditional use in the Lionshead Mixed Use 2 zone district be denied. C� n 5. Such other factors and criteria the Commission and/or Council deems applicable to the proposed text amendment. B. The Planninq and Environmental Commission shall make the followinq findinqs before forwardinq a recommendation of approval for of a text amendment: 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. VII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning & Environmental Commission forwards a recommendation of approval, with modifications, to the Vail Town Council for the proposed text amendments to Section 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level, and Section 12-71- 3, Permitted and Conditional Uses; First Floor Street Level, Vail Town Code, to add "temporary business offices" as a conditional use in the Lionshead Mixed Use 1& 2 zone districts, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria found in Section VI of this memorandum and the evidence and testimony presented, subject to the following findings: 1. That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and 2. That the amendments do further the general and specific purposes of the Zoning Regulations; and 3. That the amendments promote the health, safety, morals, and general welfare of the Town, but do promote the coordinated and harmonious development of the Town in a manner that do conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. 4. That the proposed text amendments are applicable only to those existing uses and circumstances impacting the Lionshead Mixed Use 1 zone district and do not apply to the Lionshead Mixed Use 2 zone district. 7 VIII. ATTACHMENTS Attachment A-"Text Amendment to Lionshead Mixed Use 1 and 2 Zone District, Temporary Offices on First Floor or Street Level", dated September 13, 2004