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Home My WebLink AboutSDD No. 23, Vail National Bank rezoning to GU Staff Memorandum and Attachments Combined 051412 TO: Planning and Environmental Commission /Design Review Board FROM: Community Development Department DATE: May 14 , 201 2 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 Comme rcial Service Center District to the General Use District, located at 10 8 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 Ric k 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 10 8 South Frontage Road Wes t . Based on the evidence and testimony presented at this hearing, and the criteria in Section V II , 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) Town of Vail Page 2 District. The proposed re zoning 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 plann ing 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 (a ttachment B) and the adopting ordinance for Sp ecial Development District No. 23 (a ttachment 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 13,43 2 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, Serie s 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 professi onal 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 th e 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. Town of Vail Page 3 I V . 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 desire s 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 meeti ng. 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 o f any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows: 1. General Growth / Development 1.1. 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. 1.2. The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3. 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 6.1. Services should be adjusted to keep pace with the needs of peak periods. 6.2. Services should keep p ace with increased growth. Town of Vail Page 4 6.3. 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 (t own 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 thes e 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 u ses 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 accommod ation units per buildable acre). These areas are oriented toward vehicular access from I -70, with ot her support commercial and business services included. Also allowed in this category, would be institutional uses and various mu nicipal uses. Town of Vail Page 5 Title 12, Zoning Regulations, Vail Town Code (in part) SECTION 12 -2 -2, DEFINITIONS FACILITIES, HEALTHCARE: A f acility principally engaged in providing services for health maintenance, diagnosis or treatment of human diseases, pain, injury, deformity, or physical condition. ARTICLE 12 -9 C. 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 appurte nant 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: T he 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. Town of Vail Page 6 12 -9C -5: DEVELOPMENT STANDARDS: A. Prescribed By Planning And Environm ental 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 Cente r 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 d evelopment p lan Minimum Setbacks 20 feet all sides / per SDD development plan Established by the PEC pursuant to the d evel opment p lan Maximum Height 35 feet for flat, 38 feet for sloping / per SDD development plan Established by the PEC pursuant to the d evelopment p lan Town of Vail Page 7 Maximum Dwelling units/acre 1 8 DU s / 1 acre of buildable / per SDD development plan Established by the PEC pursuant to the d evelopment p lan GRFA 4 0% not to exceed 50% of total building floor area / per SDD development plan Established by the PEC pursuant to the d evelopment p lan Site coverage 75% total site area / per SDD development plan Established by the PEC pursuant to the d evelopment p lan Minimum Landscaping 20% of total site area / per SDD development plan Established by the PEC pursuant to the d evelopment p lan Required Parking In accordance with Chapter 12 -10 / per SDD development plan Established by the PEC pursuant to the d evelopment p lan 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: P ublic General Use Public Semi -public South: R esidential HDMF Transition Area West: P ublic /Institution General Use Transition Area East: R esidential HDMF Resort Accommodation & Service VII. ZONE DISTRICT BOUNDARY AMEND MENT 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 a nd 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 include d those goals and objects within Section IV of this memorandum Town of Vail Page 8 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 Me dical 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 shor t -term visitor to the area. Primary uses include hotels, lodges, service stations, and parking structures (with densities up to 25 dwelling units or 50 accommod ation units per buildable acre). These areas are oriented toward vehicular access from I -70, w ith 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 designa tion 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 muni cipal 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 regul ations 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 es tablished 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. Town of Vail Page 9 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 desirabl 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 the growth of an orderly and viable community.” The public r eview of t his 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 d istrict 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 wil l not effectively change the office use of the building as it currently exists. The CSC and GU District s both permit office uses. The GU District more specifically identifies healthcare facilities as a conditional use. The building is occupied by tenant s 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 beco ming 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 obtai n a conditional use Town of Vail Page 10 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 perm itted 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 T own 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 p rocess to receive or amend any conditional use permit for the majority of uses allowed on the site. Th erefore, Staff believes this proposal meets this review criterion. 3. The extent to which the zone district amendment presents a harmonious, con venient, 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 wit h 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 re zoning 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 g reatest 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. Th erefore, Staff believes the proposal meets this review criterion. Town of Vail Page 11 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, v egetation, 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. Shoul d 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 th e 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 th e 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. Town of Vail Page 12 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 commissio n 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 Distric t to the General Use District, located at 10 8 South Frontage Road West/Lot D2, Resubdivision Lot D, Vail Village Filing 2, and setting forth details in regard thereto. This r ecommendation 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 Plan ning 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 B ank Building) from Special Development District No. 23 with an underlying zoning of Commercial Service Center District to the General Use District, Town of Vail Page 13 located at 108 South Frontage Road West/Lot D2, Resubdivision Lot D, Vail Village Filing 2, and setting fort h 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 criter ia 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 amendmen t is compatible with and suitable to adjacent uses and appropriate for the surrounding areas. 3. That the amendment promote s 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 establ ished character as a resort and residential community of the highest quality.” XII. ATTACHMENTS A. Vicinity Map B. Applicant’s request dated April 2012 C. O rdinance adopting Special Development District No. 23 S D D 2 3 I 7 0 W M E A D O W D R S F R O N T A G E R D W I 7 0 O F F -R A M P I 7 0 U S B a n k B u i l d i n g 0 1 5 0 3 0 0 F e e t V a i l V I l l a g e F i l i n g 2 ,V a i l V I l l a g e F i l i n g 2 ,A p o r t i o n o f L o t D - V a i l N a t i o n a l B a n k B u i l d i n g A p o r t i o n o f L o t D - V a i l N a t i o n a l B a n k B u i l d i n g A .K .A . U S B a n k B u i l d i n g A .K .A . U S B a n k B u i l d i n g (1 0 8 S o u t h F r o n t a g e R o a d W e s t )(1 0 8 S o u t h F r o n t a g e R o a d W e s t )T h i s m a p w a s c r e a t e d b y t h e T o w n o f V a i l G I S T e a m . U s e o f t h i s m a p s h o u l d b e f o r g e n e r a l p u r p o s e s o n l y . T h e T o w n o f V a i l d o e s n o t w a r r a n t t h e a c c u r a c y o f t h e i n f o r m a t i o n c o n t a i n e d h e r e i n .(w h e r e s h o w n , p a r c e l l i n e w o r k i s a p p r o x i m a t e )L a s t M o d i f i e d : A p r i l 2 0 , 2 0 1 2 E x i s t i n g Z o n i n g T w o -F a m i l y R e s i d e n t i a l (R )H i g h D e n s i t y M u l t i p l e F a m i l y (H D M F )P u b l i c A c c o m m o d a t i o n (P A )L i o n s h e a d M i x e d U s e 1 (L M U -1 )C o m m e r c i a l S e r v i c e C e n t e r (C S C )N a t u r a l A r e a P r e s e r v a t i o n (N A P )G e n e r a l U s e (G U )A c t i v e S p e c i a l D e v e l o p m e n t D i s t r i c t s (S D D )I 7 0 W M E A D O W D R S F R O N T A G E R D W I 7 0 O F F -R A M P I 7 0 P r o p o s e d Z o n i n g T w o -F a m i l y R e s i d e n t i a l (R )H i g h D e n s i t y M u l t i p l e F a m i l y (H D M F )P u b l i c A c c o m m o d a t i o n (P A )L i o n s h e a d M i x e d U s e 1 (L M U -1 )N a t u r a l A r e a P r e s e r v a t i o n (N A P )G e n e r a l U s e (G U )A c t i v e S p e c i a l D e v e l o p m e n t D i s t r i c t s (S D D ) Vail National Bank Building April 1 6 , 2012 1 Town of Vail Special Development District #23 Vail National Bank Building Re -Zone Request April 2012 Vail National Bank Building April 1 6 , 2012 2 Town of Vail Special Development District #23 Vail National Bank Building Re -Zone Request April 2012 Applicant Vail Valley Medical Center 181 West Meadow Drive Vail Colorado Legal Counsel Jim Wear Sherman & Howard 1000 South Frontage Road West Vail Colorado Land Planning Rick Pylman Pylman & Associates, Inc. 137 Main Street, Suite C107W Edwards Colorado Vail National Bank Building April 1 6 , 2012 1 1.0 Introduction The purpose of this application is to provide informat ion relative to a request for a re -‐zoning of the property legally described as the VNB Building from the current zoning designation of Town of Vail SDD #23 to the General Use (GU) District. The VNB Building is located at 109 South Frontage Road , directly adjacent to the Vail Valley Medical Center and across the street from the Vail Municipal complex and is now more commonly known as the US Bank Building . This application contains the information required by Chapter 12 -‐3 -‐7: Amendment of the Town of Vail Municipal Code to review and approve this application. 2.0 Existing SDD # 23 H istory The existing bank and office building on the site was originally built sometime in the early 1980’s under a High Density Multiple Family Zone District. In 1989 the property was re -‐zoned from High Density Multiple Family to Commercial Service Center and Town of Vail SDD #23 , the Vail National Bank Building, was established. These zoning actions brought the property into conformance with the current uses and allowed for approval of a proposed remodel and building expansion. The purpose of the SDD overlay was to limit some of the retail and industrial commercial uses allowed in the Commercial Service Center Zone District and to establish specific controls over setbacks and building height. The establishment of SDD # 23 limited the allowable commercial use s to p rofessional offices ; b anks an d financial institutions ; b usiness and office services , and t ravel agencies . Shortly thereafter, i n 1990 , SDD# 23 was amended as the result of a comprehensive review of the V ail V alley M edical C enter (VVMC) property, the Doubletree Hotel (now Evergree n Lodge) property and the Vail National B ank Building property. This comprehensive review led to the con s truction of the parking garage on the Evergreen Lodge and VVMC sites and transferred some required VNB Building parking into the new parking garage. The SDD#23 zone district has remained in place since that time. The current uses still include a bank and professional office space. Vail National Bank Building April 1 6 , 2012 2 3.0 Vail Valley Medical Center The Vail Valley Medical Center is a private, not -‐for -‐profit organization dedicated to providing quality healthcare for 50,000 residents of a six county region. The VVMC is governed by a Board of Directors composed of community leaders. The original facility was founded in Vail Villa ge in 1965 and provided accommodation for four patients and a few ancillary services. This original Vail Clinic was relocated from a Vail Village location to the present site on West Meadow Drive in 1967, with a significant expansion occurring in 1979. I n 1980 the Vail Clinic was renamed the Vail Valley Medical Center. Additional significant expansions were completed in 1987, 1999 and 2002. In 2004 the Vail Valley Medical Center purchased the adjacent VNB Building. Much of the office space in the VNB B uilding is currently affiliated in some manner with the VVMC operations. Today, the VVMC provides comprehensive medical care with over 190 physicians, 58 acute beds, and a professional and sup port staff of over 700 people and is recognized as the second largest employer in the town. The VVMC provides medical care for over 4,000 admitted or observation patients and over 30,000 emergency room and outpatient clinic patients per year. In 2009 the Town of Vail, with the cooperation of the VVMC, commissioned an independent analysis of the economic impact of the VVMC upon the Vail community. The purpose of this analysis was to provide Town of Vail residents and decision makers a basis of understand ing of the economic impact upon the community as the VVMC continues to evaluate future expansion, redevelopment and/ or market repositioning of the VVMC facility. This analysis is available for public viewing on the Town of Vail website. In January of 20 12 the VVMC, the Steadman Clinic and the Town of Vail entered into a non -‐binding Memorandum of Understanding (MOU) to redevelop the Town of Vail Municipal site with a new medical office building, new municipal center and a joint use parking garage. This redevelopment of the TOV Municipal Building site will precipitate a comprehensive revised and updated development planning process for the existing V VMC site and the VVMC owned VNB Building property. Vail National Bank Building April 1 6 , 2012 3 4.0 Request for Re -Zoning of the VNB Building As the redevelopment of the Town of Vail Municipal site moves forward there will be both short and long term implications to the VNB Building that will require some form of zoning and development review. In the short term, one of the important components of the new medical office building on the municipal site is the incorporation of an upper level enclosed walkway connecting this new facility to the existing VVMC operations. Under the proposed conceptual designs this walkway will land on and traverse th e VNB Building property. In the longer term, t he relocation of the Steadman Clinic and Howard Head Sports M edicine to the new medical office building on the municipal site will create new opportunities for the VVMC site. There are two possible zoning alt ernative s to address the VNB Building. The first alternative would be to amend the existing SDD to allow the proposed pedestrian walkway as an allowed use . In accordance with Town of Vail SDD submittal requirements this would require a level of design de tail that is not currently available . Then, as long -‐term VVMC site redevelopment options are explored and determined, another SDD Amendment, most likely in parallel with a review process for the VVMC site, would be required. The second and preferred opti on is to re -‐zone the VNB Building to match the VVMC site. The Vail Valley Medical Center site is zoned General Use (GU ). This would address both the short and long term zoning issues associated with this property. Virtually all uses within the GU Distri ct, other than open space and bike trails, are listed as Conditional Uses. This allows for a review process of the VNB Building site that would match that of the adjacent VVMC site and the Town of Vail Municipal site. In the short term, a zone distric t designation of GU would allow for a timely Conditional Use review of a detailed design of the proposed bridge as those plans are further refined. This application of the GU zone district will create a legal non -‐conforming situation with the existing bank and office use. It is the applicant’s understanding that a bank use will be allowed as long as it remains an uninterrupted use and that the GU zon ing will allow for the continued use of the existing offices for medical and healthcare related purposes. For the long term, the GU zoning would facilitate the potential elimination of a property line between the VNB Building and the VVMC site and allow f or Vail National Bank Building April 1 6 , 2012 4 the development of a comprehensive future development plan for the integrated site. The generation of a n updated development plan for the VVMC and VNB Building sites will be a comprehensive process that will involve an in -‐depth review of all existing s ystems and components of the VVMC operation, a thorough review of future heal th care trends and a comprehensive visioning exercise for the future needs and desires of the facility. This comprehensive development plan will analyze and address community i ssues and goals related to the VVMC site such as emergency vehicle access, West Meadow Drive traffic and a permanent helicopter landing pad location, among other things . VNB Building, Vail CO Zone District Amendment Copyright 2011 Esri. All rights reserved. Tue Apr 10 2012 02:54:59 PM. Vail National Bank Building April 1 6 , 2012 5 5.0 Criteria for Evaluation The Town Code describes eight factors that shall be used by the planning and environmental commission and town council as the principal means of considering a proposed zone district boundary amendment. Those factors and the applicant’s response to each follows below: (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 to wn; and The Vail Land Use Plan is the most relevant master plan document to consider with this factor. The Vail National Bank Building property does not lie within the boundaries of either the Vail Village or Lionshead master plan documents. The Vail La nd Use Plan was adopted in 1986 and updated in 2009. The most applicable goals from the plan are Goal 1.3 – “The quality of development should be maintained and upgraded whenever possible” and Goal 6.1 – “Services should keep pace with increased growth”. The primary purpose of this re -‐zoning request is to allow the Vail Valley Medical Center an opportunity to plan f or future growth and upgrades of the existing facilities. The Land Use Map identifies the VNB Building property as Resort Area Accommodations and Services. While health care services are not specifically called out in the general list of uses the use certainly meets the description of the goal of the designation. The proposed re -‐zoning of the VNB Building to GU meets the overall goals of the Town of Vail Land Use Plan. (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; and The entire purpose of this re -‐zoning request is so that the zoning of the site will have the same designation as the adjacent VVMV site, in order to allow future planning and design to further integrate the uses and compatibility of the two properties. Vail National Bank Building April 1 6 , 2012 6 (3) Th e extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The VVMC adjacent property and the municipal site across the Fr ontage Road are bo th zoned GU. The municipal site redevelopment fa cilitates a new medical office building use. The rezoning of the VNB Building to GU will allow a compatible relationship between these three properties and is consistent with municipal development objectiv es for the VVMC in particular and for the community in general. (4) The extent to which the zone dist rict 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 co mmunity as a whole; and This amendment is the first step in a process in which the Vail Valley Medical Center will update the long -‐r ange vision and facility plans for the future. The VVMV is widely recognized as a critical component of the community. Th is rezoning absolutely provides for the growth of an orderly and viable community. The rezoning action will leave the VNB Building and the VVMC site with the same zone district designation. (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 features; and The proposed rezoning will not result in an adverse imp act to any of the factors listed above. All land uses, other than open space, trails and employee housing units , ar e listed as Conditional Uses in the GU Zone District. Any proposed uses for the site will be required to go through a detailed Conditional Use Permit review process that will address the above considerations. (6) The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district; and The purpose statement of the General Use Zone District reads 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 Vail National Bank Building April 1 6 , 2012 7 prescribed in section 1 2 -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. (Ord. 29(2005) § 28 : Ord. 21(1994) § 1 The proposed amendment to GU allows the VVMC site and the VNB Building to be viewed as a single site for future planning and design. The proposed use of the site is consistent with the goals of the GU Zone District. (7) The extent to whi ch the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate; and The original zoning of the site, High Density Multiple Family, never really fit the built use of the professional office building. The establishment of SDD #23 was completed in 1989 to bring the existing uses into better compliance with town zoning code. Since that time the VVMC has purchased the property. The uses have remained essent ially the same, professional office and a bank, with medical office uses becoming the predominate type of professional office. As the VVMC looks to the future the proposed rezoning will allow an integrated land use and design approach to these two adjacen t properties that are under single ownership. (8) Such other factors and criteria as the commission and /or council deem applicable to the proposed rezoning. To be determined by the Planning and Environmental Commission and/or Town Council. i ORDINANCE N0. 25 Series of 1990 AN ORDINANCE AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 23,THE VATL NATIONAL BANK BUILDING, AND SETTING FORTH THE DETAILS IN REGARD THERETO.WHEREAS, Chapter 1.8.40 of the Vail Municipal Code authorizes Special Development Districts within the Town in order to encourage flexibility in the development of land; and WIIPREAS, an application has been made to amend Special Development District No. 23, commonly referred to as The Vail National Bank Building; and WHEREAS, in accordance with section 18.66.140 the Planning and Environmental Commission held a public hearing on the proposed amendments and Isar submitted a recommendation to approve said amendments to the Town Council; and WHEREAS, the Town cnunail finds that the Vail National Banks request to provide limited (6 spaces} off-site parking in the adjacent Vail. Valley Medical Centers parking structure is a unique and practical solution, which is consistent with the public interest; and WHEREAS, this solution is a direst result of the comprehensive master planning process far the following, adjacent properties:Vail National Hank Building property Vail Valley Medical Center property I3aubletree Hotel property Through a ~nint effort to master plan access, parking, and other site development, a consolidated parking structure and vehicular access off of south Frontage Road has been careated, thereby reducing vehicular traffic on West Meadow Drive.NOW, 'I'HERE~'DRE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VATL, COLORADO, '1'HA~I':section 1.The Town Council finds that the procedures for a zoning amendment as set forth in Chapter 18.66 of the Municipal Code of the Town of Vail have been fully satisfied, and all other requirements of the Municipal Code of the Town relating to zoning amendmen~Ls have been fully satisfied.Section 2.The Town Council finds that the procedures set forth for amendments to Special Development Districts in Chapter 18.40 of the MunicipalL Code of the Town of Vail have been fully satisfied. I ~ ,~ ~ •Section 3.Section 4 of Ordinance No. 9, Series of 1989 is hereby amended with the addition of subparagraph 3 to read as follows:The development plan is comprised of those plans submitted by Sidney Schultz-Architect AZA, and consists of the following documents:3. Architectural Plans designated as Sheets Al and A2,dated December 26, 1989.Section 4.Section 5, Paragraph E. of Ordinance No. 9, Series of 1989 is hereby amended to read as follows:E. Parking Parking demands of this development shall be met in accordance with the off-street parking requirements for specified uses as stated in Section 1.8.52 of the Vail Municipal Cnde. Six parking spaces required by this development shall be provided in the adjacent Vail.Va1.7.ey Medical Center parking structure.8ha11 any additional parking he required for future expansions yr redevelopment, said parking s1~a11 be provided on-site at the Vail National Bank building property.Section 5.section 6 of ordinance No. 9, series of 1989 is hereby amended by the addition of subparagraphs 5-6 to read as follows:5. The Vail National Bank Building shall not occupy the expanded premises as shown on architectural plans A--1 and A-2 unless Vail Valley Medical Center has received a Temporary ceztificate of occupancy for the parking structure,The Vail. National Bank Building agrees that if far some unforseen reason the Vail Valley Medical Center's parking structure is not completed, the newly constructed deck enclosure shall only be allowed to be used for common storage.S@Cti.nn ~.Zf any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect 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 mare parts, sections, subsections, sentences, clauses ar phrases be declared invalid.2 i ~ •5ectian ~.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 inhabitants thereof.Section 8.The repeal or the repeal and reenactment of any provisions of the Vail Municipal Cade as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violatian 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 repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision ar any ordinance previously repealed or superseded unless expressly stated herein.Section 9.All bylaws, orders, resolutions and ordinances, or parts thereof,inconsistent herewith are hereby 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, heretofore repealed.INTRODUCED, READ AND PASSED ON FIRST READING THIS 3rd day of July 1990, and a public hearing shall be held nn this Ordinance on the 3rd day of Ju~v 1990 at 7:30 p.m.in the Council Chambers of the Vail Municipal Building, Vail,Colorado.Ordered published in cull this 3rd day of .7uly , 1990.z°/~.., 17 ~ ~/IiC ~Kent R. Rose,VMa~or ATTEST:4. ~Pamela A. Brandmeyer,~Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED in fu11 this 7~.h day of August , 1990.J ~ G'./1~Kent R. Rose, Mayor ATTEST:t.cta~Pamela A. Brandmeyer, Town Clerk 3