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November 21, 2012
Trinity Development Group, Inc.
c/o Shannon Greene
1915 Airport Road, Suite 2D.
Atlanta, GA 30341
Re: Treetops Commercial Building Zoning Compliance Letter, 450 E. Lionshead
Circle/Lot 6, Block 1, Vail Lionshead Filing 1
Dear Mrs. Greene,
The current zoning of the Treetops Building is Lionshead Mixed Use 1 (LMU1) district.
The LMU1 district process includes the review and adoption of a development plan,
through the review of a major exterior alteration, which is in compliance with the zone
district. There are no overlay districts on this property.
The properties to the east and west are zoned LMU1 district. The property to the south
is zoned Natural Area Preservation district and is a town owned stream tract. The
property to the north is zoned General Use district and is a town owned parking
structure.
The project currently has a conditional use permit to occupy the first floor of the space
with a temporary business office should a tenant meeting this land use definition wish to
locate in the space.
As of the date of this letter to the best of my knowledge this project is in compliance with
the currently adopted zoning for the site and the approved development plan. There are
no unresolved zoning code violations to the best of my knowledge.
Please feel free to contact me should you have further questions. I can be reached by
phone at 970-479-2148 or by email at wcampbell(a�vailqov.com.
Sincerely,
�i'Vl��u.�..- �• La"'^`��—
Warren Campbell
Chief of Planning
Town of Vail
TOWN OF VAIL �
1Vlemorandurrd
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: February 27, 2012
SUBJECT: A request for a recommendation to the Vail Town Council for a proposed
text amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to Section 12-7H-3, Permitted and Conditional Uses, First Floor or
Street Level, Vail Town Code, to reestablish "temporary business offices"
as a conditional use in the Lionshead Mixed Use 1 District, and setting
forth details in regard thereto. (PEC120007)
Applicant: Town of Vail
Planner: Warren Campbell
I. SUMMARY
The Town of Vail is requesting to reestablish the temporary business office land
use as a conditional use in the Lionshead Mixed Use 1 District. The proposed
reestablishment of this land use will continue to allow the community to address
business office space needs as a result of continued redevelopment.
Based upon staff's review of the criteria in Section V of this memorandum, the
Community Development Department recommends that the Planning and
Environmental Commission forward a recommendation of approval to the Vail
Town Council of the requested text amendment, subject to the findings noted in
Section VI of this memorandum.
II. DESCRIPTION OF THE REQUEST
The proposed text amendments are as follows:
(deletions are shown in strike through/additions are shown bold)
12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET
LEVEL:
A. Definition: The "first floor"or "street level"shall be defined as that floor of
the building that is located at grade or street level along a pedestrianway.
8. Permitted Uses: The following uses shall be permitted on the first floor or
street level within a structure:
Banks, with walk-up teller facilities.
Eating and drinking establishments.
Recreation facilities.
Retail stores and establishments.
Skier ticketing, ski school, skier services, and daycare.
Travel agencies.
Additional uses determined to be similar to permitted uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
C. Conditional Uses: The following uses shall be permitted on the first floor or
street level floor within a structure, subject to issuance of a conditional use permit
in accordance with the provisions of chapter 16 of this title:
Barbershops, beauty shops and beauty parlors.
Conference facilities and meeting rooms.
Financial institutions, other than banks.
Liquor stores.
Lodges and accommodation units.
Multiple-family residential dwelling units, timeshare units, fractional fee clubs,
lodge dwelling units, and employee housing units (type lll (EHU) as provided in
chapter 13 of this title).
Radio, TV stores, and repair shops.
Temporary Business Offices
Additional uses determined to be similar to conditional uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
III. BACKGROUND
On September 16, 1975, the Vail Town 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
Town of Vail Page 2
"temporary business office" land use and for its incorporation as a conditional use
within the Lionshead Mixed Use 1 District. This land use was created in
response to the displacement of existing offices by the construction of the
Arrabelle.
On November 16, 2004, the Vail Town Council adopted Ordinance No. 26,
Series of 2004. This ordinance created the "temporary business office" land use
and established it as a conditional use within the Lionshead Mixed Use 1 District.
The ordinance was set to become null and void on December 31, 2008.
On July 9, 2007, the Planning and Environmental Commission forwarded a
recommendation of approval for amendments to the temporary business office
regulations. On August 7, 2007, the Vail Town Council adopted Ordinance No.
22, Series of 2007, which amended the definition of temporary business offices
and established use specific criteria to allow temporary business offices for a
period of more than three years. There was no sunset placed upon these
regulations.
IV. APPLICABLE DOCUMENTS
SECTION 12-2-2, DEFINITIONS
OFFICE, TEMPORARY BUSINESS: An office for the conduct of general
business and service activities and transactions for a limited time period to
accommodate the temporary displacement of an existing business office within
the town of Vail due to redevelopment construction activities.
ARTICLE 12-7H: LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT (in part)
Section 12-7H-1: Purpose:
The Lionshead Mixed Use 1 District is intended to provide sites for a mixture of
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 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 goa/of the incentives is to
Town of Vail Page 3
create economic conditions favorable to inducing private redevelopment
consistent with the Lionshead Redevelopment Master Plan. Additionally, the
incentives are created to help finance public off-site improvements adjacent to
redevelopment projects. With any 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.
Lionshead Redevelopment Master Plan
2.3.1 Renewal and Redevelopment
Lionshead can and should be renewed and redevelopment to become a warmer,
more vibrant environment for guests and residents. Lionshead needs an
appealing and coherent identity, a sense of place, a personality, a purpose, and
an improved aesthetic character.
2.3.2 Vitality and Amenities
We must seize the opportunity to enhance guest experience and community
interaction through expanded and additional activities and amenities such as
performing art venues, conference facilities, ice rinks, streetscape, parks and
other recreational improvements.
V. CRITERIA AND FINDINGS
The review criteria and factors for consideration for a request of a text
amendment are established in accordance with the provisions of Chapter 12-3-7,
Amendment, Vail Town Code.
Town of Vail Page 4
1. The extent to which the text amendment furthers the general and
specific purposes of the Zoning Regulations; and,
The proposed text amendment to reestablish temporary business office as a land
use furthers the general and specific purposes of the Zoning Regulations.
According to Section 12-1-2, Purpose, Vail Town Code, the general and specific
purposes of the Zoning Regulations are:
"A. General: These regulations are enacted for the purpose of promoting the
health, safety, morals, and 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.
8. Specific: These regulations are intended to achieve the following more
specific purposes:
1. To provide for adequate light, air, sanitation, drainage, and public
facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow,
and other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation
and to lessen congestion in the streets.
4. To promote adequate and appropriately located off-street parking and
loading facilities.
5. To conserve and maintain established community qualities and
economic values.
6. To encourage a harmonious, convenient, workable relationship
among land uses, consistent with Municipal development
objectives.
7. To prevent excessive population densities and overcrowding of the land
with structures.
8. To safeguard and enhance the appearance of the Town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other
desirable natural features.
10. To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community."
Upon review of the stated purposes of the Zoning Regulations, staff believes that
reestablishment of this land use to allow temporary business office uses to
continue on the first floor or street level within the Lionshead Mixed Use 1 District
is compatible with the general purpose of the Zoning Regulations and the specific
purposes #5 and #6 above.
Staff believes the proposed text amendment will provide the Planning and
Environmental Commission with continued flexibility and discretion in regulating
temporary business offices to achieve the zoning regulation's purpose of
Town of Vail Page 5
promoting coordinated and harmonious development. The proposed text
amendment will allow the Commission the ability to continue to review the time
frame for a temporary business office on a case-by-case basis in response to the
specific circumstances of the request. Therefore, Staff believes the proposed
text amendments further the general and specific purposes of Title 12.
2. The extent to which the text amendment would better implement and
better achieve the applicable elements of the adopted goals, objectives,
and policies outlined in the Vail Comprehensive Plan and is compatible
with the development objectives of the Town; and,
The reestablishment of the temporary business office land use will continue to
provide adequate temporary sites and locations for existing business offices that
are displaced as a result of redevelopment. This amendment will continue to
lessen the negative impacts associated with completion of improvements in
accordance with the goals, objectives and policies outlined in the Town's
Comprehensive Plan. Additionally, this amendment will continue to ensure that
existing business in Vail will remain located within the community. It is possible
that if this amendment were not approved, certain business office operations
could be lost to more permanent locations down valley.
3. The extent to which the text amendment demonstrates how conditions
have substantially changed since the adoption of the subject regulation
and how the existing regulation is no longer appropriate or is inapplicable;
and,
The reestablishment of the temporary business office land use is in response to a
continued need to have the established land use and process for allowing
displaced offices to remain in Vail. These amendments were initially adopted
with a sunset provision of four (4) years, expiration on December 31, 2008, to
cover the anticipated redevelopment construction period. As identified in the
initial adoption of these regulations "the construction of the Lionshead Core Site
Hotel and the unintended consequences that construction of the hotel will have
on existing business offices and mountain operations creates the need for this
text amendment." Staff believes the reestablishment of this land use is
necessary to continue to address the displacement of existing offices as a result
of redevelopment. The economic downturn has changed conditions by extending
the initially anticipated redevelopment period.
When the Planning and Environmental Commission forwarded a
recommendation of approval for amendments to the temporary business office
regulations in July of 2007 and the Vail Town Council adopted Ordinance No. 22,
Series of 2007, in August of 2007, there was no sunset clause placed upon the
amendments. Staff was not aware that there had been a sunset placed upon the
land use in Ordinance No. 26, Series of 2004. The discussion surrounding the
2007 amendments changing the definition of temporary business offices and
establishing use specific criteria for the evaluation of extensions beyond three
Town of Vail Page 6
years did not include a sunset provision. Therefore, if approved, staff is not
suggesting that a sunset provision be placed upon the adoption ordinance
reestablishing temporary business offices as a conditional use.
4. The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use regulations consistent
with municipal development objectives; and,
Staff believes the reestablishment of the temporary business office land use will
continue to provide a harmonious, convenient, workable relationship among land
use regulations. The reestablishment of the land use and regulations will allow
for the continued achievement of the municipal development objectives.
5. Such other factors and criteria the Commission and/or Council deems
applicable to the proposed text amendment.
VI. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission forwards a recommendation of approval to the Vail
Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, to for
proposed text amendments to Section, 12-7H-3, Permitted and Conditional Uses,
First Floor or Street Level, Vail Town Code, to reestablish "temporary business
offices"as a conditional use in the Lionshead Mixed Use 1 District, and setting
forth details in regard thereto. This recommendation is based upon the review of
the criteria outlined in Section V of this memorandum and the evidence and
testimony presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval for this request, the Community Development
Department recommends the Commission pass the following motion:
"The Planning and Environmental Commission forwards a
recommendation of approval to the Vail Town Council, for a proposed text
amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to
Section, 12-7H-3, Permitted and Conditional Uses, First Floor or Street
Level, Vail Town Code, to reestablish "temporary business offices"as a
conditional use in the Lionshead Mixed Use 1 District, and setting forth
details in regard thereto."
Should the Planning and Environmental Commission choose to forward a
recommendation of approval for this request, the Community Development
Department recommends the Commission makes the following findings:
Town of Vail Page 7
"Based upon a review of the staff inemorandum dated February 27, 2012, and
the evidence and testimony presented, the Planning and Environmental
Commission finds:
1) That the amendment is consistent with the applicable elements of the
adopted goa/s, objectives and policies outlined in the Vail Comprehensive
Plan and is compatible with the development objectives of the town; and
2) That the amendment furthers the general and specific purposes of the
zoning regulations; and
3) That the amendment promotes the health, safety, morals, and general
welfare of the town and promotes the coordinated and harmonious
development of the town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential
community of the highest quality."
Town of Vail Page 8