No preview available
HomeMy WebLinkAboutSDD No. 23, Vail National Bank rezoning to GU TO: Planning and Environmental Commission/Design Review Board FROM: Community Development Department DATE: May 14, 2012 SUBJECT: A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of the Vail National Bank Building (US Bank Building) from Special Development District No. 23 with an underlying zoning of Commercial Service Center District to the General Use District, located at 108 South Frontage Road West/Lot D2, Resubdivision Lot D, Vail Village Filing 2, and setting forth details in regard thereto. (PEC120014) Applicant: Vail Clinic Inc., represented by Rick Pylman and Jim Wear Planner: Warren Campbell I. SUMMARY The applicant, Vail Clinic Inc., is requesting a recommendation to the Vail Town Council for a zone district boundary amendment (rezoning), pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of the Vail National Bank Building (US Bank Building) from Special Development District No. 23 with an underlying zoning of Commercial Service Center District to the General Use District, located at 108 South Frontage Road West. Based on the evidence and testimony presented at this hearing, and the criteria in Section VII, Staff recommends that the Planning and Environmental Commission forward a recommendation of approval of the proposed zone district boundary amendment to the Vail Town Council. II. DESCRIPTION OF THE REQUEST Vail Clinic, Inc. has submitted an application to rezone the US Bank Building from Special Development District (SDD) No. 23, Vail National Bank, with an underlying zoning of Commercial Service Center District to General Use (GU) District. The proposed rezoning is intended result in the ability of the Vail Valley Medical Center to apply a consistent zone district across all properties which are owned and operated by the hospital. Having a consistent General Use District zoning will aid in the master planning for the hospital and its facilities. Furthermore, it will facilitate the review of an above grade pedestrian bridge from the proposed new medical office building on the north side of the frontage road to the existing medical building on the south side. For reference, attachments include a vicinity map (attachment A), the applicant’s request, entitled “Town of Vail Special Development District #23, Vail National Bank, Re-Zone Request” dated April 2012 (attachment B) and the adopting ordinance for Special Development District No. 23 (attachment C). III. BACKGROUND The site was a part of the original Town of Vail established by election in August 23, 1966. In October of 1975 a conditional use permit was approved by the Planning and Environmental Commission for a professional office building. On December 27, 1977 a Certificate of Occupancy was issued for the building. The building was constructed with 13,432 square feet of professional office and 6,544 square feet of bank. This resulted in a required parking 87 spaces (minimum of 65 to be covered). A total of 89 parking spaces were constructed on site with 70 of those being covered. Ordinance No. 9, Series of 1989 adopted in May of 1989 rezoned the property from High Density Multiple-Family (HDMF) District to Commercial Service Center District and established Special Development District No. 23, Vail National Bank, as an overlay. This occurred as professional office was not an allowed use in HDMF district and the establishment of the SDD limited the uses in the building to the bank and offices. The rezoning and establishment of the SDD allowed for the expansion of the bank and an entry vestibule. The SDD established reduce setbacks and height in excess of allowable. Ordinance No. 25, Series of 1990 adopted in August of 1990 amended SDD No. 23 to allow for the enclosure of two decks measuring approximately 1,276 square feet of office space. Furthermore, this amendment provided for the parking requirement for this expansion to be met through the purchase of parking from the VVMC in their parking structure. Six new parking spaces were required, eight spaces were purchased. IV. APPLICABLE DOCUMENTS Staff believes that following provisions of the Vail Land Use Plan and the Vail Town Code are relevant to the review of this proposal: Vail Land Use Plan (in part) CHAPTER II – LAND USE PLAN GOALS / POLICIES The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows: General Growth / Development Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. The quality of the environment including air, water and other natural resources should be protected as the Town grows. The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 6. Community Services Services should be adjusted to keep pace with the needs of peak periods. Services should keep pace with increased growth. The Town of Vail should play a role in future development through balancing growth with services. CHAPTER IV – EXISTING LAND USE 1. Inventory Process C. Village and Lionshead Core Areas Includes a mix of uses including: retail, office, hotel, condominiums and public / semi- public facilities such as: the municipal complex, post office, hospital and fire station. 2. Land Use Pattern D. Core Areas As previously indicated, the Village and Lionshead Core Areas are the most intensely developed areas. These cores contain a mix of uses including hotels, condominiums, offices, retail businesses and personal services, often all within the same building. Other types of uses such as pedestrian plaza areas, municipal services (town hall and fire station), semi-public uses (hospital and chapel), and multi-level parking structures are also found n the core areas. The two urban cores total 131.5 acres or 4% of the land area. This land use document did not analyze land use for these areas on a parcel or building-by-building level because of the in-depth study the Town has given these areas in the past (completion of the Lionshead Urban Design Plan and the Vail Village Master Plan currently being completed). As a consequence, land uses for these areas only addressed in a general way in this document. CHAPTER VI – PROPOSED LAND USE 4. Proposed Land Use Categories RAS Resort Accommodations and Service This area includes activities aimed at accommodating the overnight and short-term visitor to the area. Primary uses include hotels, lodges, service stations, and parking structures (with densities up to 25 dwelling units or 50 accommodation units per buildable acre). These areas are oriented toward vehicular access from I-70, with other support commercial and business services included. Also allowed in this category, would be institutional uses and various municipal uses. Title 12, Zoning Regulations, Vail Town Code (in part) SECTION 12-2-2, DEFINITIONS FACILITIES, HEALTHCARE: A facility principally engaged in providing services for health maintenance, diagnosis or treatment of human diseases, pain, injury, deformity, or physical condition. ARTICLE 12-9C. GENERAL USE (GU) DISTRICT 12-9C-1: PURPOSE: The general use district is intended to provide sites for public and quasi-public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. The general use district is intended to ensure that public buildings and grounds and certain types of quasi-public uses permitted in the district are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. 12-9C-2: PERMITTED USES: The following uses shall be permitted in the GU district: Bicycle and pedestrian paths. Communications antennas and appurtenant equipment. Employee housing units, as further regulated by chapter 13 of this title. Passive outdoor recreation areas, and open space. 12-9C-3: CONDITIONAL USES: A. Generally: The following conditional uses shall be permitted in the GU district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Healthcare facilities. Helipad for emergency and/or community use. Public buildings and grounds. Public parking structure. Public theaters, meeting rooms and convention facilities. Public tourist/guest service related facilities. Public unstructured parking. 12-9C-5: DEVELOPMENT STANDARDS: A. Prescribed By Planning And Environmental Commission: In the general use district, development standards in each of the following categories shall be as prescribed by the planning and environmental commission: 1. Lot area and site dimensions. 2. Setbacks. 3. Building height. 4. Density control. 5. Site coverage. 6. Landscaping and site development. 7. Parking and loading. B. Reviewed By Planning And Environmental Commission: Development standards shall be proposed by the applicant as a part of a conditional use permit application. Site specific development standards shall then be determined by the planning and environmental commission during the review of the conditional use request in accordance with the provisions of chapter 16 of this title. 12-9C-6: ADDITIONAL DEVELOPMENT STANDARDS: Additional regulations pertaining to site development standards and the development of land in the general use district are found in chapter 14 of this title. V. SITE ANALYSIS Existing Zoning: Special Development District No. 23, Commercial Service Center District Proposed Zoning: General Use District Existing Land Use Designation: Resort Accommodations and Service Mapped Geological Hazards: None Lot Area: Approximately 0.5572 acres/ 24,270 square feet Development Standard Commercial Service Center / SDD General Use  Minimum Lot Size 20,000 square feet of buildable / per SDD development plan Established by the PEC pursuant to the development plan  Minimum Setbacks 20 feet all sides / per SDD development plan Established by the PEC pursuant to the development plan  Maximum Height 35 feet for flat, 38 feet for sloping / per SDD development plan Established by the PEC pursuant to the development plan   Maximum Dwelling units/acre 18 DUs/ 1 acre of buildable / per SDD development plan Established by the PEC pursuant to the development plan  GRFA 40% not to exceed 50% of total building floor area / per SDD development plan Established by the PEC pursuant to the development plan  Site coverage 75% total site area / per SDD development plan Established by the PEC pursuant to the development plan  Minimum Landscaping 20% of total site area / per SDD development plan Established by the PEC pursuant to the development plan  Required Parking In accordance with Chapter 12-10 / per SDD development plan Established by the PEC pursuant to the development plan  Development Review Process PEC and TC review of amended development plan PEC review of development plan   VI. SURROUNDING LAND USES AND ZONING Existing Use Zone District Land Use Designation North: Public General Use Public Semi-public South: Residential HDMF Transition Area West: Public /Institution General Use Transition Area East: Residential HDMF Resort Accommodation & Service VII. ZONE DISTRICT BOUNDARY AMENDMENT CRITERIA Before acting on a zone district boundary amendment application, the Planning and Environmental Commission shall consider the following factors with respect to this proposal: 1. The extent to which the zone district amendment is consistent with all 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. Staff has reviewed the various elements of the Vail comprehensive plan and found the Vail Land Use Plan and the Zoning Regulations to apply. Staff believes that the proposal to rezone the subject parcel to the GU District is in keeping with goals, objectives, and policies outlined in the Vail Land Use Plan. Staff has included those goals and objects within Section IV of this memorandum which are applicable to this application. Staff included the goals, objectives, and polices regarding the provision of community services as the medical services provided by the Vail Valley Medical Center (VVMC) are a critical public service to maintain and expand to meet the demands of guests and the community. The Vail Land Use Plan identifies the subject property as being within the Resort Accommodations and Services land use category. That land use category is described as follows: “This area includes activities aimed at accommodating the overnight and short-term visitor to the area. Primary uses include hotels, lodges, service stations, and parking structures (with densities up to 25 dwelling units or 50 accommodation units per buildable acre). These areas are oriented toward vehicular access from I-70, with other support commercial and business services included. Also allowed in this category, would be institutional uses and various municipal uses.” The Vail Land Use Plan does not specifically designate this site as an office area. However, the designation does state that support activities and land uses are appropriate and desired. Staff believes the proposed rezoning is appropriate due to the properties proximity to I-70 and its adjacency to other offices and public uses such as the hospital and municipal building. The Town of Vail Zoning Regulations, Title 12, Vail Town Code, have general and specific purposes which the proposal to rezone the subject property are compatible. Section 12-1-2, Purpose, Vail Town Code, states: “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.” The public review of this proposed rezoning and its result will ensure that compliance with the general and specific purposes of the Zoning Regulations are met. Therefore, Staff believes the applicant’s proposal meets this review criterion. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents. The rezoning of the property from CSC District to the GU District will not effectively change the office use of the building as it currently exists. The CSC and GU Districts both permit office uses. The GU District more specifically identifies healthcare facilities as a conditional use. The building is occupied by tenants that Staff has found to fall within this definition with the exception of the bank tenant. The zone district change will result in the bank becoming a non-conforming use which can remain, but not be expanded. The land uses listed as conditional uses in the GU District are largely found as permitted uses within the CSC District which in conjunction with the SDD regulate the subject site. The rezoning of the parcel to the GU District will result in a more involve public review process in order to obtain a conditional use permit for most changes in use. The existing office use found within the building have been in place and working in harmony with the adjacent residential uses since its construction in 1977. Staff believes the land uses listed as permitted and conditional uses within the GU District will continue to be suitable with the uses existing and permitted in the adjacent HDMF District zoned properties. The proposed change in zoning does not negatively affect traffic flows and parking as the Town Code requirement for parking of healthcare facilities is the same as for professional and business offices. There is no proposed change to vehicular access and circulation on site. With the exception of the limited permitted uses, there is a public process to receive or amend any conditional use permit for the majority of uses allowed on the site. Therefore, Staff believes this proposal meets this review criterion. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. As stated in the criterion above the land uses listed as conditional uses in the GU District are largely permitted uses in the CSC District. The relationship of the land uses in the existing building have been a compatible land use existing in harmony with the adjacent residential land uses. Within the GU District there are few permitted uses with the majority of uses likely to occur in the building included as conditional uses. The process for review and approval of conditional uses will provide for a public discussion which will ensure continued harmony between adjacent land uses. Therefore, Staff believes the applicant’s proposal meets this review criterion. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. The proposed rezoning does not constitute spot zoning and provides for the orderly growth of a viable community. The proposed rezoning to GU District will cause it to have an identical zoning as the adjacent VVMC medical campus to which it is currently a part. The result of having the same zoning on all parcels will allow for the master planning of the VVMC campus to provide the greatest degree of orderly redevelopment and/or continued use. As stated previously within the GU District any redevelopment or change in use will require a conditional use permit review providing for an appropriate result for the community as a whole. Therefore, Staff believes the proposal meets this review criterion. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. As this is a request for a rezoning on a currently developed site Staff does not believe there will be any negative effect on the elements listed in the criterion above. Should there be a proposal to redevelop or alter the structure or site a conditional use permit will be required to be submitted. Through the conditional use permit process any amendment to the structure or site will be reviewed for its appropriateness with the elements in the above criterion. Therefore, Staff believes the proposal meets this review criterion. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. The proposed rezoning to the GU District is in keeping with the purpose statement of the district. The purpose statement of the district is as follows: The general use district is intended to provide sites for public and quasi-public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. The general use district is intended to ensure that public buildings and grounds and certain types of quasi-public uses permitted in the district are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. The inclusion of the subject site within the larger VVMC campus as it exists and as it may in the future, will allow for the purpose statement of the GU District to be honored and have results which are in harmony with the community’s goals found within the various elements of the Vail comprehensive plan. As stated in several of the previous criteria the development plan and conditional use permit review processes will result if the development of the site in compliance with the GU District purpose statement. Therefore, Staff believes the proposal meets this review criterion. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. Since the initial construction of the Vail National Bank building in 1977 conditions changed to cause the property to be rezoned from the HDMF district to CSC district with and SDD overlay in 1989 and Staff believes conditions have changed again to warrant the proposed rezoning. Since the rezoning in 1989 the subject property has been purchased by the Vail Valley Medical Center with the intent of the project becoming a part of the overall campus of buildings and is to play a role in the master planning for the hospital as it moves into the future. In the time period since the purchase the occupants of the building have become medical related with the exception of the bank tenant. The change in the zoning designation of the property to General Use District will allow for greater comprehensive planning to occur with regard to the sites role in the VVMC campus. Therefore, Staff believes the proposal meets this review criterion. 8. Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. VIII. RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of the Vail National Bank Building (US Bank Building) from Special Development District No. 23 with an underlying zoning of Commercial Service Center District to the General Use District, located at 108 South Frontage Road West/Lot D2, Resubdivision Lot D, Vail Village Filing 2, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to recommend approval of this request, the Community Development Department recommends the Commission passes the following motion: “The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of the Vail National Bank Building (US Bank Building) from Special Development District No. 23 with an underlying zoning of Commercial Service Center District to the General Use District, located at 108 South Frontage Road West/Lot D2, Resubdivision Lot D, Vail Village Filing 2, and setting forth details in regard thereto.” Should the Planning and Environmental Commission choose to recommend approval of this request, the Community Development Department recommends the Commission makes the following findings: “Based upon the review of the criteria outlined in Section VII of the Staff memorandum to the Planning and Environmental Commission dated May 14, 2012, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town. 2. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas. 3. That the 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.” XII. ATTACHMENTS A. Vicinity Map B. Applicant’s request dated April 2012 C. Ordinance adopting Special Development District No. 23