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HomeMy WebLinkAboutMill Creek Court Building 4-23 MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: April 23, 2001 SUBJECT: A request for a worksession to discuss the rezoning of the Mill Creek Court Building from CCI to a zone district or special development district that would allow office and residential uses on the street level, located at 303 Gore Creek Drive/Lot 1, Block 5A, Vail Village 1st. Applicant: Mill Creek Court Condominium Association, represented by Larry Eskwith Planner: Allison Ochs I. DESCRIPTION OF THE REQUEST The applicant, Mill Creek Court Condominium Association, represented by Larry Eskwith, requested this worksession with the Planning and Environmental Commission to discuss the opportunities within the Mill Creek Court Building. Specifically, the applicant has an interest in allowing office and/or residential uses on the first floor. II. BACKGROUND A. History Information on the original construction and approval process for the Mill Creek Court Building is limited. It was constructed prior to the incorporation of the Town and the information from Eagle County is not available. Plans on file with the Department of Community Development are dated 1965. The Town files indicate very limited activity on the building since its construction, limited to minor Design Review Board applications, and Conditional Use Permit requests. In 1986, a request was made to begin preliminary discussions regarding redevelopment of the Mill Creek Court Building. However, a recommendation was made by staff to hold off on redevelopment until the completion of the Vail Village Master Plan and the applicant agreed. Another request to discuss a rezoning was made a few years later, but according to the file, nothing became of the informal request. Current uses in the building include retail shops along Gore Creek Dr. (Buzz’s); retail, real estate office, and a bank on the creek side; and a real estate office and empty commercial spaces on Hanson Ranch Rd. Land Use Plan The Mill Creek Court Building is identified as part of the Village core, and is therefore designated as part of the Vail Village Master Plan by the Vail Land Use Plan. However, there are some specific goals and policies specified in the Land Use Plan regarding development in the Village core: Village Core/Lionshead Future commercial development should continue to occur primarily in the existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) The connection between the Village Core and Lionshead should be enhanced through: a) Installation of a new type of people mover. b) Improving the pedestrian system with a creatively designed connection, oriented toward a nature walk, alpine garden, and/or sculpture plaza. c) New development should be controlled to limit commercial uses. C. Vail Village Master Plan The Vail Village Master Plan identifies goals, objectives, policies and action steps for the entire Vail Village, then breaks up these goals to applicable sub-areas. The first goal of the Vail Village Master Plan is to: Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and idenitity. The second goal of the Vail Village Master Plan is: To foster a strong tourist industry and promote year-around economic health and viability for the Village and for the community as a whole. To that effect, Policy 2.4.1 states: Commercial infill development consistent with established horizontal zoning regulations shall be encouraged to provide activity generators, accessible greenspaces, public plazas, and streetscape improvements to the pedestrian network throughout the Village. The Vail Village Master Plan identifies the Mill Creek Court Buildings as “mixed use”. This category includes the “historic” Village core and properties near the pedestrianized streets of the Village. Lodging, retail and a limited amount of office use are found in this category. With nearly 270,000 sq. ft. of retail space and approximately 320 residential units, the mixed use character of these areas is a major factor in the appeal of the Vail Village. The Mill Creek Court Building is included in Commercial Core I Sub Area #3. According to the Vail Village Master Plan: This pedestrianized area of the Village represents the traditional image of Vail. A mixture of residential and commercial uses, limited vehicular access, and inter-connected pedestrian ways are some of the characteristics that distinguish this area from other portions of the Village. With the exception of embellishing pedestrian walkways, developing plazas with greenspace, and adding a number of infill developments, it is a goal of the community to preserve the character of the Village as it is today. Specifically with regards to the Mill Creek Court Building, the Vail Village Master Plan states: Partial infill of the Mill Creek Court Building courtyard (one story retail) in conjunction with the development of a public plaza and embellishments to the walkway along Mill Creek. Purpose of improvements is to strengthen pedestrian circulation in this area of the Village. The Vail Village Master Plan indicates a pedestrian connection across Mill Creek and between the Red Lion Building and the Rucksack Building. Currently the connection is non-existent, with mechanical equipment and decks between the buildings, nor is there a bridge across Mill Creek. In addition, commercial infill on the creek side of the Red Lion is also indicated. According to the Vail Village Master Plan: The development of commercial frontage along the west side of Mill Creek to encourage pedestrian traffic in this area. Pedestrian improvements including the bridge over Mill Creek and a mid-block connection to Bridge Street are also desired. The Vail Village Master Plan does not identify criteria for an amendment to the plan. However, the Vail Land Use Plan identifies the following criteria for a Land Use Plan amendment: How conditions have changed since the plan was adopted. How the plan is in error. How the addition, deletion or change to the plan is in concert with the plan in general. Zoning The Mill Creek Court Building is currently zoned Commercial Core I. The purpose of the CCI zone district is: The Commercial Core 1 District is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The Commercial Core 1 District is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The District regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village. The CCI zone district allows for only certain uses on each level of the building. As the street level of the CCI zone district is intended to be a pedestrianway, permitted uses are generally limited to retail uses and restaurant uses. Section 12-78-3A states “the ‘first floor’ or ‘street level’ shall be defined as that floor of the building that is located at grade or street level.” Residential and office uses are limited to the second level or above. Section 12-7B (Commercial Core I) has been attached for reference. The criteria for a rezoning are: Is the existing zoning suitable with the existing land use on the site and adjacent land uses? Is the amendment presenting a convenient workable relationship with land uses consistent with municipal objectives? Does the rezoning provide for the growth of an orderly viable community? Is the change consistent with the Land Use Plan? Vail Village Urban Design Guide Plan The Vail Village Urban Design Guide Plan also guides development within the Village core. As part of the Village core, there are important goals and objectives stated within the Vail Village Urban Design Guide Plan that also have an impact on the Mill Creek Court Building. Pedestrianization A major objective for the Vail village is to encourage pedestrian circulation through an interconnected network of safe, pleasant pedestrian ways. Streetscape Framework To improve the quality of the walking experience and give continuity to the pedestrian ways, as a continuous system, two general types of improvements adjacent to the walkways are considered: Open space and landscaping – berms, grass, flowers, and tree planting as a soft, colorful framework linkage along pedestrian routes; and plazas and park green spaces as open nodes and focal points along those routes. Infill commercial storefronts – expansion of existing buildings or new infill development to create new commercial activity generators to give street life and visual interest, as attractions at key locations along pedestrian routes. Transparency Pedestrian scale is created in many ways, but a major factor is the openness, attractiveness, and generally public character of the ground floor façade of adjacent buildings. Transparent storefronts are “people attractors”, opaque or solid walls are more private, imply “do not approach”. On pedestrian-oriented streets such as in the Village, ground floor commercial facades are proportionately more transparent that upper floors. Upper floors are typically more residential, private, and thus less open. ZONING ANALYSIS Standard Allowed Under CCI Existing* GRFA 80% or 8,312 10,434 sq. ft. Density 5.76 units 11 units Site Coverage 80% or 8,312 sq. ft. 6,384 sq. ft. Lot Size 5,000 sq. ft. 10,039 sq. ft. Setbacks per Urban Design Guide Plan built to property line Retail n/a 3.553 sq. ft. Office n/a 2,746 sq. ft. *All information is taken from the legal file and must be verified with as-builts prior to any formal application. ALTERNATIVE SCENARIOS The applicant has specifically requested the ability to do office and/or residential uses on the first floor, in conflict with Section 12-7B-3 of the Town Code. The CCI zone district does not allow either of these uses. The Zoning Regulations do not allow for a “use variance” nor does a Special Development District allow for variations from the use requirements of the underlying zone district. Staff has identified the following scenarios to allow for these uses on the first floor of the Mill Creek Court Building. In addition, pros and cons of each scenario have been identified. Some of the scenarios involve a zoning change and/or an amendment to the Vail Village Master Plan. Amend CCI The purpose of the CCI zone district is: The Commercial Core 1 District is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The Commercial Core 1 District is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The District regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village. The Mill Creek Court Building is currently zoned Commercial Core I. Scenario A involves amending the CCI zone district to allow for residential and/or office uses on the first floor, either as a permitted use or as a conditional use. Pros Cons Would satisfy the request of the Mill Creek Court Building Would not require a rezoning Contrary to Village Master Plan stated objectives and goals for the Village core Would not create a non-conforming situation with the Mill Creek Court Building Village Master Plan encourages horizontal zoning with higher intensity uses on the first floor Would apply to all CCI zoned properties in the Village Contrary to the purpose statement of the CCI zone district Would detract from the pedestrian, Village experience Offices would displace more desirable uses at the street level Lack of transparency on street level by “privatizing” uses on first level Amend CCII and Rezone to CCII The purpose of the Commercial Core II zone district is: The Commercial Core 2 District is intended to provide sites for a mixture of multiple-dwellings, lodges and commercial establishments in a clustered, unified development. Commercial Core 2 District in accordance with the Vail Lionshead Urban Design Guide Plan and Design Considerations, as adopted in Section 12-7C-15 of this Article, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of building and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. The original intent of the CCII zone district was to regulate development within the Lionshead area. However, the recent adoption of the Lionshead Redevelopment Master Plan and the subsequent rezoning of Lionshead from CCII to Lionshead Mixed Use I and II, has altered the need for the CCII zone district. Currently, only one property is zoned CCII – Village Center. CCII zoning also incorporates horizontal zoning, allowing the same permitted and conditional uses as the CCI zone district. Amending the CCII zone district to allow for residential and/or office uses as a conditional use and then requesting a rezoning to CCII, would meet the needs of the Mill Creek Court Building. The CCII zone district would become the transition area between the intensive commercial uses of the CCI zone district in the Village and the more residential character of the neighborhoods surrounding the Village core. Pros Cons CCII needs to be updated and modified with the recent adoption of LMU1 and 2 Would be contrary to the Vail Village Master Plan which identifies the Mill Creek Court Building as part of Commercial Core I Would not create a non-conforming situation with the Mill Creek Court Building Would also apply to Village Center which is located on an identified pedestrian way Would satisfy the request of the Mill Creek Court Building CCII was originally intended for the Lionshead commercial core area Would apply to limited properties Would be inconsistent with the purpose of CCII. Would be inconsistent with the goals and objectives of the Vail Village Master Plan Rezone to CSC and Apply for a Special Development District The purpose of the Commercial Service Center zone district is: The Commercial Service Center District is intended to provide sites for general shopping and commercial facilities serving the Town, together with limited multiple-family dwelling and lodge uses as may be appropriate without interfering with the basic commercial functions of the District. The Commercial Service Center District is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted types of buildings and uses, and to maintain a convenient shopping center environment for permitted commercial uses. Unlike the CCI and CCII, zone districts, CSC does not have horizontal zoning requiements. Offices are a permitted use and multipe-family dwellings are a conditional use in CSC. However, CSC does not defer to the Vail Village Urban Design Guide Plan and Design Considerations for development standards. Instead, CSC has prescribed setbacks, site coverage, density, etc. Therefore, in addition to rezoning to CSC, the Mill Creek Court Building would have to apply for a Special Development District to allow for variations from the underlying zoning. Only one other property in Vail is zoned CSC – Crossroads, located at 141 E. Meadow Dr. Pros Cons Would meet the request of the Mill Creek Court Building Would create a non-conforming situation or would require the establishment of a Special Development District. Would have no effect on other properties currently zoned CSC Would be contrary to the Vail Village Master Plan which identifies the Mill Creek Court Building as part of Commercial Core I Some of the permitted and conditional uses are not suitable to the Village core Would be inconsistent with adjacent zoning of CCI or HDMF Rezone to HDMF and Apply for a Special Development District The purpose of the High Density Multiple Family Zone District is: The High Density Multiple-Family District is intended to provide sites for multiple-family dwellings at densities to a maximum of twenty five (25) dwelling units per acre, together with such public and semi-public facilities and lodges, private recreation facilities and related visitor-oriented uses as may appropriately be located in the same district. The High Density Multiple-Family District is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualities of the District by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the District. The High Density Multiple-Family zone district allows for multiple-family residential dwellings as a permitted use. However, office uses are not allowed in HDMF. Again, HDMF has prescribed development standards, including setbacks, site coverage, density, etc. As a result, the Mill Creek Court Building would also have to apply for a Special Development District so as not to be rendered non-conforming by the rezoning. The Vail Row Houses, which are adjacent to the Mill Creek Court Building, are zoned HDMF. Pros Cons Would meet the request of the Mill Creek Court Building to do residential uses Would create a non-conforming situation or would require the establishment of a Special Development District or amendment of the zone district. Would have no effect on other properties zoned HDMF Would be contrary to the Vail Village Master Plan which identifies the Mill Creek Court Building as part of Commercial Core I Would not permit office uses New Zone District The applicant could propose a new zone district which would meet their request of allowing residential and/or office on the first level. This zone district could be similar to CCI or CCII, which has few prescribed development standards, deferring instead to the Vail Village Urban Design Guide Plan. Pros Cons Would meet the request of the Mill Creek Court Building Would be limited to this property and could be considered a spot zoning Would not create a non-conforming status of Mill Creek Court 1