HomeMy WebLinkAboutPEC120004 Treetops Temporary Business Office Land Use Extension Memo 30512
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: March 5, 2012
SUBJECT: 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, represented by Mauriello Planning
Group
Planner: Warren Campbell
I. SUMMARY
The applicant, 450 Buffalo Properties, represented by Mauriello Planning Group,
is requesting 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 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.
II. DESCRIPTION OF THE REQUEST
The applicant is proposing an extension of the conditional use permit allowing for
offices meeting the definition of “temporary business office” to occupy the first-
floor commercial spaces of the Treetops Building for an additional three years,
until August 30, 2015. The existing conditional use permit will expire on August
30, 2012, and the applicant is seeking an extension of the approval for the
conditional use permit to facilitate finding an office tenant, meeting the definition,
Town of Vail Page 2
in the event a retail tenant cannot be found. The applicant is making this
request in the absence of a specific office tenant.
The request for an extension of the conditional use permit without a specific
office tenant would allow staff to review a potential office tenant for compliance
with the Code and make a determination if they meet the requirements, thus
allowing the applicant to enter into a lease in an expedient period of time. The
applicant believes that the uncertainty of the economy and the continued
redevelopment of properties warrant making the Treetops location a viable option
for those offices displaced by redevelopment for an additional period of three
years.
A vicinity map (Attachment A) and the applicant’s request (Attachment B) have
been attached for review.
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 conduct of general 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 to occupy 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 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.
Town of Vail Page 3
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 25th
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 applicant’s 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 applicant’s request to
amend the Vail Town Code to permanently allow offices on the first floor in
Lionshead.
On March 9, 2009, the Planning and Environmental Commission approved an
extension of the conditional use permit allowing Vail Resorts temporary business
offices to remain in Treetops until August 30, 2012.
On April 7, 2009, the Vail Town Council heard an appeal of the Commission’s
approval and upheld the approval. The majority felt that the state of the economy
it was prudent to maintain the space for Vail Resorts offices. Newbury felt that
the seven years of occupancy was no longer temporary.
On January 9, 2012, the Planning and Environmental Commission forwarded a
recommendation of denial to the Vail Town Council on proposed amendments to
the Lionshead Mixed Use 1 District to allow for professional and business offices
on the first floor or street level as a conditional use.
IV. APPLICABLE PLANNING DOCUMENTS
A. Title 12, Zoning Regulations, Vail Town Code
CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part)
Town of Vail Page 4
Section 12-1-2: Purpose:
A. General: These regulations are enacted for the purpose of promoting
the health, safety, morals, and general welfare of the Town, and to
promote the coordinated and harmonious development of the Town in a
manner that will conserve and enhance its natural environment and its
established character as a resort and residential community of high
quality.
B. Specific: These regulations are intended to achieve the following more
specific purposes:
1. To provide for adequate light, air, sanitation, drainage, and public
facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation
of snow, and other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic
circulation and to lessen congestion in the streets.
4. To promote adequate and appropriately located off-street parking
and loading facilities.
5. To conserve and maintain established community qualities and
economic values.
6. To encourage a harmonious, convenient, workable relationship
among land uses, consistent with Municipal development
objectives.
7. To prevent excessive population densities and overcrowding of
the land with structures.
8. To safeguard and enhance the appearance of the Town.
9. To conserve and protect wildlife, streams, woods, hillsides, and
other desirable natural features.
10. To assure adequate open space, recreation opportunities, and
other amenities and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable
community.
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
appropriate site development standards. This District is meant to
Town of Vail Page 5
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 private redevelopment consistent with the Lionshead
Redevelopment Master Plan. Additionally, the incentives are created to
help finance public off-site improvements adjacent to redevelopment
projects. With any development/redevelopment proposal taking advantage
of the incentives created herein, the following amenities will be evaluated:
streetscape improvements, pedestrian/bicycle access, public plaza
redevelopment, public art, roadway improvements, and similar
improvements.
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 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.
12-16-7, Use Specific Criteria and Standards (in part)
A-14. Temporary business offices:
a. Offices for real estate agents shall be excluded.
b. The storage, sale, or display of merchandise on the premises shall
occupy less than ten percent (10%) of the office's floor area.
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c. Off street parking shall be provided in accordance with chapter 10 of
this title.
d. Signage shall be provided in accordance title 11, "Sign Regulations",
of this code.
e. The business and service activities and transactions of a temporary
business office may only be conducted for a limited time period, not to
exceed three (3) years. Unless the time period is limited to a shorter
duration, the approval of a conditional use permit for a temporary
business office shall expire and become void within three (3) years from
the initial date of approval.
The planning and environmental commission may grant a subsequent
extension to a conditional use permit approval to allow a temporary
business office to continue activities and transactions beyond the
original time period limit, if the commission determines special
circumstances and/or conditions exist to warrant such an extension. An
extension may only be granted for the minimum time period necessary
to facilitate specific redevelopment construction activities that achieve
the town's goals, policies, and objectives, but in no event may such an
extension be allowed for more than three (3) years without additional
review.
f. A conditional use permit approval for a temporary business office shall
be reviewed by the planning and environmental commission on an
annual basis to verify the applicant's compliance with the conditions of
approval.
B. Lionshead Redevelopment Master Plan
Policy Objectives
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 opportunity to enhance guest experience and
community interaction through expanded and additional activities and
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amenities such as performing arts venues, conference facilities, ice rinks,
streetscape, parks and other recreational improvements.
V. ZONING ANALYSIS
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.
VI. SURROUNDING LAND USES AND ZONING
Land Uses Zoning
North: Mixed Use General Use District
South: Open Space Natural Area Preservation District
East: Residential Lionshead Mixed Use 1District
West: Mixed Use Lionshead Mixed Use 1District
VII. REVIEW CRITERIA
Before acting on a conditional use permit application, the Planning and
Environmental Commission shall consider the following factors with respect to
the proposed use:
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 business office conditional use permit is not to allow the permanent
Town of Vail Page 8
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, it is not known if Vail Resorts will be choosing to remain until August
30, 2012. Since the approval of the existing conditional use permit in 2009 Vail
Resorts has acquired the Glen Lyon Office Building and the Vail Professional
Building which may be an option for them to relocate. It is anticipated that Vail
Resorts offices will be permanently located to the future Ever Vail project.
The applicant has requested an extension of the existing conditional use permit
for a period of three years, allowing for Vail Resorts to remain or staff to make a
determination on the compliance of a proposed office tenant with the
requirements of the temporary business office regulations. Allowing for an
extension and staff review of the potential tenant allows the applicant to pursue
not only retail, but displaced offices meeting the definition of a temporary
business office. The applicant has made this request in order to pursue potential
tenants and allow staff to make a determination in order to enter into a lease
immediately verses applying and taking approximately a month to achieve a
review.
Staff has informed the applicant that only offices meeting the definition of
temporary business office will be allowed at Treetops. That definition is 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.
Offices which loose there lease or are asked to vacate a space without the
redevelopment of the building would not meet this definition. As a result of this
application, staff has identified potential occupants for the space which may
comply with the definition. Potential occupants could be the Town of Vail offices
as a result of the municipal site redevelopment, occupants of the Vail
Professional Building and the Glen Lyon Office Building should those buildings
be redeveloped. Staff foresees few other displaced offices within the next three
years.
Staff believes an extension of the existing conditional use permit is in compliance
with this review criterion.
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.
Town of Vail Page 9
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. Staff
believes it is appropriate to grant an additional three year period to allow for
additional options for the occupancy of Treetops commercial. Significant
improvements for the circulation and entry to Lionshead in front of Treetops are
scheduled to occur in the summer of 2012. 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 Community Development Department recommends the Planning and
Environmental Commission approves, with conditions, 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.
Should the Planning and Environmental Commission choose to approve, with
conditions, this conditional use permit request, the Community Development
Department 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 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
Town of Vail Page 10
conditional use permit, located at 450 East 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 Community Development Department
recommends the Commission pass the following conditions:
“1. The approval of this conditional use permit extension shall be valid until
August 30, 2015.
2. This approval allows for any temporary business office tenant meeting
the definition and requirements of Title 12, Zoning Regulations, Vail Town
Code, as determined by the administrator, to occupy 450 East Lionshead
Circle (Treetops Building).
2. This approval shall become valid upon the Vail Town Council’s
adoption of an ordinance reestablishing temporary business office as a
conditional land use in the Lionshead Mixed Use 1 District. ”
Should the Planning and Environmental Commission choose to approve, with
conditions, this conditional use permit request, the Community Development
Department recommends the Commission makes the following findings:
“Based upon the review of the criteria outlined in Section VII this Staff
memorandum to the Planning and Environmental Commission dated
February 27, 2012, and the evidence and testimony presented, the
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 this Staff memorandum to the
Planning and Environmental Commission dated February 27, 2012.
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 this Staff memorandum to
the Planning and Environmental Commission dated February 27,
2012.”
Town of Vail Page 11
IX. ATTACHMENTS
A. Vicinity Map
B. Applicant’s Request
January 30, 2012
Town of Vail Planning and Environmental Commission
C/O Warren Campbell, Chief of Planning
Town of Vail Community Development
75 S. Frontage Rd.
Vail, CO 81657
RE: Extension to the Condi/onal Use Permit to allow for Temporary Office Uses at Treetops
located at 450 East Lionshead Circle.
Dear Planning and Environmental Commissioners:
At this Ome, the owner of the Treetops Commercial Space, 450 Buffalo ProperOes LLC, is
requesOng an extension to the CondiOonal Use Permit to allow for Temporary Office Uses a
Treetops. The exisOng CondiOonal Use Permit expires on August 30, 2012. Due to Ome
constraints and lease requirements, we are requesOng this extension early so that we can
adequately prepare for the future.
This property has been used as temporary office space following the displacement of Vai
Resorts offices from the Core Site. Since then, the economic downturn has slowe
redevelopment substanOally and the relocaOon of these office uses has taken longer tha
expected. It is our wish to have temporary office uses conOnue in this current locaOon. W
recognize that based on the PEC’s recommendaOon with regard to the recent text amendment
to allow office uses on the first floor as a permanent soluOon is not considered a viable opOo
However, we believe another three-year extension will allow the current use or other displaced
office users to have a viable locaOon in Vail unOl new office space becomes available as part
the Ever Vail project. Perhaps aber another three year period the economy will have improved
enough and the Town’s streetscape improvements will have been fully implemented and thus
the ability to acract a retail type use will be viable at this locaOon.
As an extension to the previous 2009 approval, the criteria and findings for this condiOonal use
permit for temporary office uses at Treetops have been addressed previously. Sta
recommended approval and the staff memorandum has been acached for reference
(Acachment A).
The previous approval included the following condiOons and minutes from this meeOng have
been acached for reference (Acachment B):
1.The approval of this condiOonal use permit extension shall be valid unOl August 30,
2012.
2.If Vail Resorts vacates the first floor office space, then this temporary business o
condiOonal use permit shall no longer be valid.
P.O. Box 4777
Eagle, Colorado 81631
970.376.3318
dominic@mpgvail.com
At this Ome, we are requesOng that the extension shall be valid for 3 years from the date of the
previous approval, or August 30, 2015.
In addiOon, as you can see from the minutes from the last approval, there was discussion
regarding tying the condiOonal use permit to Vail Resorts offices. At this Ome, we ar
requesOng that the condiOonal use permit not be Oed to Vail Resorts specifically. Our concern is
that if Vail Resorts chooses to relocate to other office space, such as the Glen Lyon Off
Building or the Vail Professional Building, they will be displacing other office uses, and we woul
like the opportunity for these uses to remain in Vail, rather than being displaced down-valley.
Once these uses have moved down-valley, it is challenging to acract these uses back to Vail.
Thank you for your Ome and consideraOon of this macer.
Sincerely,
Dominic Mauriello, AICP
Principal
P.O. Box 4777
Eagle, Colorado 81631
970.376.3318
dominic@mpgvail.com
List of Adjacent Property Owners
TOWN OF VAIL
FINANCE DEPT
75 S FRONTAGE RD
VAIL, CO 81657
VAIL CORP
THE FIXED ASSETS DEPARTMENT
390 INTERLOCKEN CRESCENT STE 1000
BROOMFIELD, CO 80021
VAIL LIONSHEAD CENTRE CONDOMINIUM ASSOCIATION
David A Zippie, CPA
P.O. BOX 4627
AVON, CO 81620
Vail Lionshead Centre Assoc.
520 Lionshead Circle
Vail Colorado 81657
TREETOPS CONDOMINIUM ASSOCIATION
Vicki L. Brown
450 E. Lionshead Circle,
Vail, CO 81657
TREETOPS PLAZA & GARAGE CONDOMINIUM ASSOCIATION, INC.
Vicki L. Brown
P.O. Box 6520
Avon, CO 81620
VAIL LIONSHEAD CONDOMINIUM ASSOCIATION
JEFF BAILEY
380 E. LIONSHEAD CIR
VAIL, CO 81657
VAIL 21 CONDOMINIUM ASSOCIATION, INC.
DesOnaOon Resort Mgt, Inc,
610 W LIONSHEAD CIR
VAIL, CO 81657
P.O. Box 4777
Eagle, Colorado 81631
970.376.3318
dominic@mpgvail.com