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HomeMy WebLinkAboutOrdinance No. 6, Series of 2012, Temporay Business Office first reading 040312TO: Vail Town Council FROM: Community Development Department DATE: April 17, 2012 SUBJECT: Second reading of Ordinance No. 6, Series of 2012, an ordinance reestablishing "temporary business office" as a conditional use within the Lionshead Mixed Use 1 District, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Warren Campbell DESCRIPTION OF REQUEST 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 reestablishment of this land use will continue to allow the community to temporarily accommodate business office space needs that have been displaced due to redevelopment. This ordinance is not intended to circumvent the horizontal zoning regulations. II. ACTION REQUESTED OF THE VAIL TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 6, Series of 2012 upon second reading. 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”. On October 11, 2004, the Planning and Environmental Commission, forwarded a recommendation of approval to the Vail Town Council for the adoption of a “temporary business office” land use and for its incorporation as a conditional use within the Lionshead Mixed Use 1 District. 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. The purpose of the text amendment was to provide adequate temporary sites and locations for existing business offices currently in Lionshead that are displaced for a period of time during the construction in Lionshead. 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. On April 3, 2012, the Vail Town Council unanimously approved Ordinance No. 6, Series of 2012, upon first reading. IV. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION On March 5, 2012, the Planning and Environmental Commission forwarded a recommendation of approval to reestablish temporary business office as a conditional use in the Lionshead Mixed Use 1 District. Should the Vail Town Council choose to approve Ordinance No. 6, Series of 2012, upon second reading, the Community Development Department recommends the Council passes the following motion: “The Vail Town Council approves Ordinance No. 6, Series Of 2012, an ordinance amending Section 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, adding “Temporary Business Office” as a conditional use in the Lionshead Mixed Use 1 Zone District, and setting forth details in regard thereto.” Should the Vail Town Council choose to approve Ordinance No. 6, Series of 2012, the Community Development Department recommends the Council makes the following findings: “Based upon the review of the criteria outlined in the March 5, 2012 memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Vail Town Council finds: 1) That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and 2) That the amendment furthers the general and specific purposes of the zoning regulations; 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.” V. ATTACHMENTS A. Ordinance No. 6, Series of 2012