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HomeMy WebLinkAboutPEC070040 Fi2f28/20fl7) Bill Gibsora - Re: RE/450 E. Lionshead Gircle - Treeto s Commercial Building Page 1 � -- - -- -- - - _ --- .-- --._ . . ---- -------- — -- �EC d7-�ba.�I � I � � �� I From: Mike McGee � To: Michae! Hecht � Date: 12/28/2d07 Z:35 PM Subject: Re: RE / 450 E. Lionshead Circle -Treetops Cammercial Building CC: Bill Gibson; Chardie Davis; Dwight Henniger (dhenninger@vailgov.com); ... Mr. Hecht, I apologize for the delay in getting back to you but I wanted and needed time to conduct at least a preliminary record search before responding. I have capied irromediately hereafter,the contenk of an ernail b�tween Jay Peterson, representing Vail Associates Resort Deveiopment Gorp, Bill Gibson,Town of Vail Department of Cornmunity Development, Charlie Qaais, Chief Building Offieial, and rnyself. "»> "Jay Peterson" <ikpC�vail.net> 07/21/2005 11:5�AM »> Mike, Thank you again. ]ay ----Orig�na4 Message°--- �rom: "Mike McGee" <MMcGee@vailgov.com? To: "Bill Gibson" <f3Gibson@vaiigov.co_ms; "Charlie �avis" <CDavisC�vailnov.com> Cc: Ejkp(c�vail.net>; '7ohn Gulick° <JGulick vailaov.com>; °)R Rulapaugh" <JRulaaauahCa�vailqov.com>; "Mike McGee° <MMcGeeCc�vailqov.co�n>; "Mike Vaughan" <MUauqhanCn�vail4ov.com>; edfeeney@vai]resort.corn> Sent: Thursday, ]une 30, Z005 11;12 AM 5ubject: Re: Fw: Treetops 2nd Eioor Offices > > Bill, > > I apologise for what appears to be a short circuit in the camminication > loop. > > VRDC via Jay Peterson has come back to us with a commitrnent[o limit > the scope of the use of the second floor to a VRDC office only. I have > been assured the occupant load will not exceed mare than 10 people and > the fuel load will not be excessive. > > As prev9ously noted,VFES does not object to the conditional use of the > second floor as part offiee and part display. > > In that we have aiso discussed the buifding owners' desires to renovate > the entire building �n two years (plus or minus pending the TCO of the > Arrabelle),VFES is willing to alfow the owner to postpone the > installation of a fire sprinkler system until the re�avation in two > years. > >The exis#ing water supply is inadequate to support a fire sprinkler > system, Design, layout and installation of a new water line will be > do�e with the renovak�on. Timing and costs associated v��ith installation > of a new water Gne now, not knowing what the new layout will be, seems > unreasonable given the perceived risk and time frame. > > The fire alarm system in the Treetops Building will need to be modified > to reflect the office space, but that is all VFES is requiring at this > time. I have discussed this with the fire alarm contractor and they are �12128/2007) Bill Gibson - Re: RE 1 450 E Lionshead Circle - Treetops Commercial �uilding Page 2 � ,: > willing to make the necessary adjustmenks subject to normal cantract � procedures. > � Please lek me know if there are other issues or�etai€s on which I need � to sign off. > > Thanks! > > Mike McGee > Deputy Ghief; Fire Marshal »» "]ay Peterson" <�kpr�vai.l.net> 06/30/20D5 10:19:34 AM »> > Michael, > > Here is the e-mail we received. Thanks for your help. > > Jay > ---- Original Message �---- > From: Tom Beaun >To: Jay Peterson > Sent: Thursday,Ju�e 30, 2005 7:38 AM > Subject: Fw:Treetops 2nd Floor Offices > > > Hi, > Had you heard anything about this? d thought we did not have to do > sprinkler work at Treetops. > > tom > > -----Original Message ----- > From: Bill Gibson > 70: tom(a�braunassoc3ates.com > Sent: Tuesday,June 2B, 2005 5:33 PM > Subject:Treetops 2nd Floor Offices > > > Hey Tom, > > FYI: The Town of Vail Fire Department will be requiring revisions to > the Treetop's fire sprinkler system as part of the new 2nd Floor > offices. > > Bell Gibson,AICP � Town Planner > Town of Vai1 > 75 South Frontage Road > Vail, CO 81657 > (97q)479-2173 > (970)479-2452 fax" > > The essence of the 'issue is the conversion of the space to office and assembly use(conference room)coupled with a residential occupancy(khe managers unit). Under the Building Code as adopted, the second floor change of use, even for the initial conditional use permit ossued two years ago, would krigger khe requirement as daes the reside�tial unit within the building. 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N (� d m m m -- � -p a m �ro a� � rn � � � c o s s � a o �" c N ca d I � � v� u� v� d m 4 � o '' c 3 a� � ll. "j � � � •N � '!7 � L G C C C C -O �•L C � � N U� �C N � N fA C m ° � a+ � c o - c� = ° .� ,� .o ,a c� a cu o � � '� '�, ' � � p 'x p p a J (.} S EY1 Q U LiJ J �1 � J J _.1 _1 _I � � d') H � � 3 � Z W J U � -- ___...—_—__---- ...._. --. ._ ._ ._..T� ti�12128/2007) Sill Gibson - Re: RE /450 E. Lionshead Circle - Treetops Commercial Building Page 3 A default on [hat agreement would lead to a conciusion by the respective Code Officials as defined under the Town of Vail Municipal Code,Article 10, Section 10-i-Z through 1�-1-5, that the existing use is illegaf and the existing canditions should be abated or thak the build�ng or a portion thereof could be closed. IF suceessfufly argued that such an agreement made two years ago was invalid, ft would subsequently lead to a detai9ed code review of the proposed use and the existing use and the code would dictate the existing use is illegal and the existing conditions should be abated or that the bui{ding or a portion thereof could be closed. We have always had an exceflent relatior�ship with the Treetops Condominium Association and would like to continue to work together towards resolution. Tt�e refationship between the Town and the current or any potential client is irrefevant. The code issue pertain to the building and its use. It is what I believe to be in our mutual interest that I rer�uest a letter of carnmitment from the Association and you to complete the installation of a code compliant fire sprinkler system in the Treetops Plaza Building in the 5pring of 2008. I would like to see such IetTer by]anuary 31, 2QOB. If such a ar+ agreement cannot be reachec#,the Fire Code Offickal shall be compelled to initiate a detailed review and referral to the Chief Building Official with such notice(s) and enforcernent action(s) as required by the codes. Please refer to the Intemational Building Code, Chapter 34, 3406.1, 34i0.2.2, and the International Fire Code,Sections 105.3.4 Canditional Permi[s, 105.3.b Cvmpliance, 1D5.5 Revocation, and Section 903 Automatic Sprinkler Systems. Please contack me if you wish to discuss this issue in more detail or desire clarification. Michael �IcGee aeputy Chief/ Fire Marshal Vail Fire Department 970 479-2135 »> "Michael �iecht° <michael'hechk maiLco�n� 12/22/20D7 10:51 AM »> *Good morning Mr. McGee, * *� *I just wanted to confirm that you had received my email (see beiow) that I sent to you on 12/29/�7. I am sure that you and your department are currently very busy and will address my request ss your schedule permits.* �* *Best regards and happy hofidays,* --------- Forwarded message ---------- From: Michael Hecht <michael hecht mail.com> Date: �ec 19, 2007 1:33 PM Subject: RE: 450 E. Lianshead Circ9e-Treetops Commercial Building To: MMcGee�va+lgov.com *Good afternoon Mr. McGee.* ** *Nly name is Miehael Hecht and I am the owr�er (via the entity 45Q Buffalo Properties LLC) of 450 E. Lionshead Circle Vail, CO- (the Treetops Commercial Building),* ** *I �ave recently been conkacted by both Vail Resorts (Brian McCarthy) my �p0% tenant in the building, as well as by the Treetops H�A- residential group(represented by Alan Peterson/Jeff Brown). The topic of discussion is a clarification from you regarding the current Town of Vail fire code and _ -_____�..�____. (12128/2007y Bill Gibson - Re: RE 1450 E. Lionshead Circle-7reetops Commercial Buiiding Page 4 � Town of Vail ordinances as they apply to the 450 E. Lianshead Circle property. Unfortunately Y have n�t been privy to, nor had the opportunity to discuss with ynu in the past your interpretation J appiication of the TOV fire code to the 450�. Lionshead Circle property+. Due to some unclear communication between Vail Resorts,the�reetops HOA and myself there appears to be current confusion as t�our current compliance with the TOV fire code and TOV ordinances. Are there any pending TOV Fire code reviews or noncompliance TOV ordinance isssues related to this property that should be brought to my attention?* ** *It was previousfy my understancfing t#�at after Vail Ftesorts completed their reno�ation work(spring Z005)at the property location, that the property was in full�ompliance with all existing TOV�re codes and TOV ordinances. I recently renew+°d a lease wEth Vail Resorts that could e�stend for as long as @ 3 3J4 years(determined by Vail Resorts ongoing negotiations with the , TOV regarding the development of Ever Vail,etc.}. As a result, I had assumed that the tenant(Vail Resorts) had suctessfully complied with all of the TOV fire code ordinances and regulations. Apparently the Treetops HOA and Vail Resorts are now under the impression that they no langer are in current compliance with the TOV fire codes. In order t**o clarify this situation,would you kindly either call me (303-589-fiZ�F)or ema91 me(** michaefihecht@gmail.corr�* <michaelihecht�qmail.com>*)to advise me as to your understanding of the 450 E. Lionsheacf Circle bui�dings current compliance with the TOV fire cocies-or lack thereof? * ** *ance the current lease concludes with Vail Resorts(@ July 20i1 - if all , lease options are exercised and the TOV continues to grant Vai1 Resorts ar� exemption to continue to temporarily utilize the first floor space as "offi[e related")then the cfistinct possibility exists that the 450 E. Lionshead eacisting structure may be redeveloped{although there would be numerous agreements to be reached between the Treetops HOA and 450 Bufalo Properties,as well a the necessity of proceeding through the TOV approval process including the PEC, DRB and the town council). * ** * I am scheduleci to attend the 2007 annual board meeting between the Treetops H�A and 450 Buffalo Prpperties on Friday 12/28/07. As the above discussed topic will be a primary agenda items for our meeting,any feedback/ information that you could provide to me prior to the meeting date would be extremely beneficial and helpful. If you would like to meet with me in person,or discuss this information on the phone I would be available to da so. * ** *I appreciate your time and effort in addressing this request. Best regards, Mfchael Hecht Buffalo Properties Grou�, LLC Vail,CO Queenstown,NZ Boulder,CO 303.589.6234 michaeliheehtCa��mail.com * *Michael Fiecht Buffa[o Properties Group, LLC Vail,CO Queenstown, NZ Boulder,CO 303.589.6234 � michaelihecht@gmail.cam* , I . �.s, Cor� f i rmat i on Report -- �►lemory S�nd Pase : 001 Date & Time: iVav-29-O7 �2:09pm Line 1 : 9704792452 E-mail . Mach i ne I D : TOWN OF VAI l. CO�lMl1N I TY DEVELOP�NT Jab numher . 468 Date . Nav-29 02:08pm To : �9476d901 Number af paBes . QDa Start tame . Nov-29 02:Q8pm End time . Nov-29 02:D9pm Pages sent : 004 ' �i� � L �.`� � � � �� � Sta#us . 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COMMEN"PS A1V'D NOTESz � t � TTJ / TYT�� -T�-f /�yx�« -- —� ,'�r ��n� �..-�.r��-� aQ� c�c��`� �— .nn�s� � — � P aE V ERY4N�'�6Ii1NSlF�meSt�e cs �. �La � c�„b � � � � �. m Q � � � A � � � O ° R `'h =� m � � Q � / � �, � V o � . � � � » � � ro e � '� � � � � Q) `� . � W � �! �+ � `in � 6rJ � –{ � � N � � � � o � � ��.~ � � � p'a � � � � N � �"�-� C N O � � � fl. •" � 3p z _ - n � � � ., x ,� � G � ": p � � � � � A _- �ts C� N — ��i ITI N , . � ti.i�r � " � � �2 �H:�I "w � -- ; ° i13 ��-i � SU� -- � � - €C: �;".!= `J � _ - ' 1£1 f'.�.a� A - � r _ � ��y G � � ��:�� � �r� m ���a� ���qqq�:�'� a � �.�.� ,.",�;:��\,���g�r�*l".i ;�, ;�' 1?��'� r %��9��Yk� K^�,G _ � t�u`�i'� ,.��,�. �/y.L: ! � �r � � r�W[a'.('� _ 1iA0 Fx3ry�y� �� �} �isy _ 4v 3r ii e'1 � ' � k � Al�R� r a _ F'' l7� '3 j �te� �? ��� _ '� !�! E� 9 �� '� �9�a � � _ 'r' � E' i �F �.° �°�� , �r - � � � �� � �.�k'p — rJ � � �1-E _ ;s � , • � � . - {.y � .:•.•.t�ca.;.r,.+.::_•:_.... � i � �F1� Q F�} r! � Planning ar�d Environmenta! Cc�mmissan ACTIQN F�RM , # D�pa��trrient of Community Development ��,]�,� /'�r �j� ' 75 South Frantage Road, Vaif, Color�do 81657 I�ly Uf" r tel: 970.479.2139 fax; 970.479.2452 �:�=',r.i_r.��r4rNG���•k��>.- web: wwyw.+�ailgov.tom Project Name: TEMPORY BUSINESS OFFICES PEC Number: PEC070040 Project Descriptinn: F�I�AL APPROVAL FOR TEkT AMENDMENTS TO THE TEMPORARY BUSINESS OFFICES REGULATI�NS Participants: OWNER VAIL C��ORADO MUNICIPAL BLDG06/14f 2007 75 S FRONTAGE RD VAIL CO 81657 APPP�ICANT BAILEY & PE`fER50N 06/14/�Q07 Phone: 97(}-476-0092 108 S. FRONTAGE RD STE 208 VAIL CO 81657 License: COODOOZ169 Project Address: 75 S FRONTAGE RD WEST VAIL Location: 15T FLOOR TREETOPS Legal Description: Lot: A@B Block: 5� Subdi�isian; Vail Village Filing 1 Par�el Number: 2101-064-0000-3 Comrnents: TOWN COUNCIL APPROVAL 8/7/07 BQARD/STAFF ACTION Motion By: MOFFET Action: APPROV�p Second By: GORDON Vote: 6-0-0 Date of Approval; 0$/10/2007 , Conditions: Cond: 8 (PLAN): No change5 to these plans may be made without the written consent of Town of Vail staff ar�d/or th@ apprapriate review committee(s). Cond: il3 All devePoprnent applications submitted to the Town afker the effective date of Ordinance 26, Series 2006 shall be subject to the pending ernployee housing regulations in whatever form they a�e finally adapted; provided, however, that if the�own fails to adopt the pe�ding employee housing regulati�ns by April 15, 2007, this Ordinance shall not apply to such development applications. Planner: Bill Gibson PEC Fee Paid: $1,300.00 i I , � Zoning Code Amendments �� Application fo� Review by the � Planning and �nvironmental Commission � �I �y1]t�1!t �,��7 �� Department of Community �evelopment 1u1�3r VF�tuL E 75 Sauth Frontage Road, Vail, Calorado 81557 te1: 970.479.2128 fax: 97Q.479.2a52 � � web: www.vailgo�.com � Z , � '� .� General Informa€ion: i� AII projects requiring Planning and Enviranmental Commissian review must receive approval prior to submitting a � building permit application. Please refer to the submittal requirements for the parti�ular approval that is requested. � An application for Planning and Environmental Commission review cannot be accepted until a11 required information is received by the Cornrnunity Development Repartment. �he project may alsc� need to be reviewed by the Town � Cauncil and/or the Design Review Baard. Type of Application and Fee: ❑ Rezoning $I300 ❑ Conditional Use Permit $650 ❑ Major Subdivisio� $150� ❑ Floodplain Modification $400 ❑ Minor Subdivision $650 ❑ Minar�erio�r Altera�tion �650 ❑ Exemption Plat $650 ❑ Major Exterior Alteration $800 ❑ Minor Amendment to an SDD $1000 O Development PGan $1500 ❑ I�ew Special Development District $6000 ❑ Amendment to a Developmenk Plan $250 0 Majar Amendment to an SDD $b000 �;� Zoning Code Amendment $1300 ❑ Majar Amendment ta an SDD $1250 'Q� Variance $500 (no ex�terior rnodrfrcations) � Sign Variance �200 Description of the Request: �fe.7-� a-mR-.���s �,� �rn-���.�,-�, tlLtS��ess ��c�s , �cN�w�f: ,ws , �ocatron of the Propasal: �ot:��t Block: N f� Subdivision: �v� Physicaf Address: ���i'� Parcel No.: r�� Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) r Zoning; ,�1� Nam�(s) of owner(s): a/�+ Mailing pddress: �g -_phone: Owraer{s) Signature(s): ��.� J �' � �`i ' '.� I —, --- Nam� of Applicant: ��°� �soc'� d s c�s , Mailing Address: r�fs s�,�� F��4,� I�"c�� ' , Gv �r�y� Phone: �a7� - �yz • E-mail Address: Fax y��— r,c>5� I For Qffice U [y: `] � Fee Paid: ��� Check No.: / � By: Meeting Date: PEC No.: P D 7- U yv Planner. ProjectAlo.: PR�a7-a��� � P(�7v7-2o7 :c ev ermi s ann�ng oning_co e amen , oc age o . * ,��- r . " ,;� � ., . �, , . � • :�. . � , + , . .��, , :� ` l�> w ` . I �•. s ' r , I I I '„ . . . 7 • , y � � � � � �. . - I . ' 1,�0� ' M � � ���`� 12-2-2: DEFINITIQNS OFFIGE, TEMPORARY BUSINESS: An office fior the conduct of general business and service activities for a limited duration of lime ^^+ +„ r�vnnnrl f4srnn r�� �in�rn ni�hion+in � i , to accommodate the displacement of an existing business office+�within the Town of V�il due to redevelopment construction aL•t�V�t��$.�vr a�prr+nno *+lYOnt 4-�rnL nnnr�+.�ri�l r�r cton�nr�r�hir• carteir-�o � e mnrnh�nrlico nn +ha r�romionc �nni�ninr� Inc�r� #V��n tnn nornnnt /i(lo%1 nf tho flnnr_�rao- d rrr ..., .... ..... �....,..,�...... ........r.._<.. .`:`.;, ....,... ..... r,-•-_.._ , . _ ._, _. ..._ ..__. �._.�; - - tnmr�nrnr�� hi ie+en�or� nffinr-� oFi��� nr�# inr•I�irin n#'Finnt+ n{ roo� ac}ote 7n ,.y.,�..,�. OFFICE, TEMPORARY�3USlNESS:An office for the conduct of general busiRess and service activifies and fransactions for a limited time period to accommodafe the displacemenf of an existing husiness affice within fhe Town of Vail due [o redevelopment consfrucfion activities. 12-1&-7: USE SP�CIFIC CRITERIA AND STANDARDS: The following criteria and stanclards shal� be applicable to the uses lis�ed befow in consideratior� of a conditional use permit. These criteria and standards shall be in adddtion to the criteria and findings required by S�ction 12-16-6 of this chapter. A. Uses and Criteria: 14. Temporary 8usiness Offices: a. �ffices for real estate agents shall be excluded. b. The storage, sale, or display of inerchandise on the premises sha11 occupy less fhan ten percen#(1p%) of the office's floor area. c. The business and service activities and transactions may only be conducted for a limifed time period, not fo exceed three (3J years. The Planning and Environmental Cammission or Torvn Council, however, may approve a fime period longer fhan fhree (3)y�ars, or exfend an existing time period, shouJd the Commission or Council determine that specia! circumstances or condit�ons exist that warrant such an extended fime period. d. A condifional use permit approval for a temporary business office shall be reviewed by fhe Planning and Enviranmental Commission on an annua! basis to verify fhe applicant's compliance with the conditions of approval. Ji shall be the applicant's respvnsibillty to su6mit applications to the TvwR of Vail in a timely to rnitiafe these annua!r�views. 12-2-2: DEFIfVITIONS �� dFFICE, TEMPORA�.RY BUSINESS: An office for the conduct of general business and �� ++„ a.ti.00 ��� . �e,.++., service activities for a limited duration of time c cv c°"^occv c�u cc�c7-Tc'�`r, ° � �i ,to accomrr�odate the displacement of an ��� existing business office+a within the Town of Vail due to redevelopment construction activities. , , � , , o , OFFICE, TEMPORARY BUSINESS:An office for fhe conducf of general business and service aetivities and transactions for a Jimited time period fa accvmmodate the displacement of an existing business office rvithin the Town of Vail due to redevelopment construction activities. i 12-16-7: USE SPECIFIC CRITERIA A�JD STANDARDS: The following criteria and standards sh�ll be applicable to the uses listed below in � consideration of a conditional use permit. These eriteria and standards shall be in addition to the cri#eria and findings required bp Section 12-18-6 of this chapter. A. Uses and Criteria: 94. Temporary Business�ffices: a. Off�ces for rea!estate agerrts sha/l be excluded. b. The storage,safe, or display of inerchandise on the premises shaN occupy/ess fhan fen percent(90%) of the office's floar area. c. The business and service activities and transactions may only be I conducted for a limifed time period,,ncrt to exceed three(3)years. Tire oeoeted:9e�e�uy Planning and Environmenta!Commission or Town Cvuncil, however, may approve a time period longer fhan three(3)years, ar extend an existinq time ep r+od,should the Commission or Counci!determine that special ci�cumstances or conditions exist thaf warrant s�ch an exfended time period. � I I *#****#��#*�t��*�#######################�######***#*t##*####*#*#**#######*##�*#t###��###�### T'OV'vTi OF��AiL, COLORAD� 5tatement *****����:�*�**�******�:*********�***���*****+++*���******************�*�+*�*�������*****�**** Statement Ntunber: R070001389 Amouait: $1,3OO.Q0 07/30/200703 :21 PM Payment 1`�'lethod: Check Init: JS Notationc 7411/BAIVEY PETERSON Permit I�To: PEC070040 T�rrpe: PEC-Zoning Code Amendmen Pareel Na: 2201-064-OODO-3 Site Address: 75 S FRONTAGE RD WEST VAIL Location: 1ST FLOOR TREETOPS Total Fees: $1,300.00 This Payment: $1,3�0.00 Total ALL Pmts: $1,300.00 Ba�ance: $0.00 �x****�*****�****��**��x**�*����+���#*���*+**���****�*�************������*��**�*******�**�**** .�CCOUi`iT ITEM L1ST: Account Code Descrigtion Current Pmts PV 00100003112500 PEC APPLICATTON FEES 1, 300.00 I , . , ��� �" � MEMORANDUM �l TO: Town Council �PP rOUi� fl'��'r[�'' � �� el FROM: Community Development Department z� � Mr��C DATE: A�gust 7, 2007 ��.��: �-� I SUBJECT: Orc4inance No. 22, Series of 2007, an ordir�ance amending Sec#ion 12-2-2, Defrnitions, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments ta fhe r�gulation of temporary business offices, I and setting forth detaals in regard thereto. (PEC07-Q040) Applican#: Vail Resorfs, represented by Jay Pe#erson I Planner: Bill Gibson I. DESCRIPTION OF THE REQUEST The appiicant, Vail Resorts, is requesting a secand reading of Ordinance 22, Series Qf 2007, an ordinance amending Section 12-2-2, Definitians, and Section 12-16-7, Use 5pecific Criteria and Standards, Vail Town Code, to allow for amendments #o the regulation of t�mparary business offices, and setting forth details in regard thereto. II. BACKGROUND i On November 16, 2404, the Va�l Town Cauncil adopted Ordinance No. 26, Series of 2004, to aREvw "Temporary 8usiness Offices" on the first-�Ioor of buildings within the Lionshead Mixed Use 1 District. The purpose of this ordinance is to allow existing , Lionshead area office uses, which are displaced by th�e construction act�vities of redevel�pment projects, to be ternporarily r�located within the Lionshead area. On January 4, 24Q5, the Planning and Environmentaf Commission gr�nted approval, with conditions, of a condi#ional use permit for Uail Resort's #emporary business offices currently accupying the first-fioar o# the Treetops commerc�al building and the Concert Hall Plaza Buifding. These approvals were subject ta expire on January 24, 2008. Un June 11, 2007, the Planning and Environmental Commission granted e�ctensions t� these approvals, contingent upon th� Vail Town Council's adoption of text amendments r�vising the Vail Town Code to allow for such extensions by a vote of 4-1-1. On July 9, 2007, tfie Planni�g and Environmental Cammission held a public hearing to review the propased kext amendments to aliow far said ext�nsions to the Treetops and Concert Hall Plaza temporary business offi�ce conditional use permits. The Planning and Environmental Commission forwarded a recommendation of approval, wiEh modifieations, for the proposed amendments to the Town Council by a vote of 3-2-1 (Cleveland and Jewitt opposeci, Pierce recused). i I i . , On July 17, 2007, the Vail Town Council approved Ordinance No. 22, Series of 2D07, on first reading, with a modification, by a vote of 5-2 (Newberry and Logan o�posed). The CounciPs modificat�on to include text limiting an extension of a temporary business offic� conditional use permit approval to three years has been integrated inta the attached ardinance. With an amer�ded motion, the Council also chose to retain th� existing text (i.e. by use of the ward "shall", not "may"} that requires an ann�al review of all temporary business office conditional use permit approvals. Ordinance No. 22, Series of 2007, (Attachment A) has been attached for reference. III, STAFF RECOMMENDATION �he Department of Comrnunity Development recornrr�ends the Vail Tawn Councif approve Ordinance �lo. 22, Series of 2007, on second reading ta amend Section 12-2- 2, Definitions, and Section 12-16-7, Use Specific Criteria and Standards, Va�! Town Code, to allow for amendments to the regulation of temparary business o�c�s, and setting forth details ir� regard thereto. Staff's reco►�menc�at�an is based upon the review of the crite�ia noted in Section V of the July 9, 2007, staff memorandum to the Planning and Environmental Commission and the evidence and testimony presented. Should #he Town Cauncil choose #a approvs (�rdinance No. 22, Series of 2047, on secvnd reading, the Department of Community Development recammends the Towr� Couneil make the following findings: "1. That the amendments are consrstent with the applicable elern�nts of fhe adopted goals, objecfives and policiss ouflined in the Vai! Comprehensive Plan and is compafrble with the development objectives of the Town based upon fhe review outlined rn Section V of the Sfaff's July 9, 2007, memorandc�m to the Planning and Environmental Commission; and, 2. That the amendmenfs further the general and specifrc purpase of the Zoning Regulations based upon the review outlined in Section V af the Staff's July 9, 20U7, memorandurn fo fhe Planning and Enviranmenta! Commission; and, 3. Thaf fhe amendmenfs promote the health; safefy, morals, and genera! uvelfare of the Town and promote fhe coordinated and harmonious development of the Town in a manner thaf conserves and enhances its natural environment and its established character as a resort and residential community of the highesr quality based upon the review outlined in Section V of the Staff's July 9, 20�0�, memorandum to the Planning and Environmenta! Commrssion." IV. ATTACHMENTS A. Ordinance No. 22, Series of 2007 2 � • � ' Attachment A QRDINANCE NO. 22 SERIES OF 2007 C}RDI�JANCE NO. 22, SERIES OF 2007, AN ORDINANC� AMENDING SECTIDN 12-�-2, DEFINITI�NS, AND S�CTION 12-'E6-7, USE SP�CIFIC CRITERIA AND STANDARDS, VAIL TOWN CQDE, TO ALLOW FOR AMENDMENTS TO 7H� REGULATION OF TEMP{3RARY BUSIhJESS �FFICES, AND SETTWG FORTH DETAILS IN REGARD THERETO. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the propased amendments in accordance wifh the provisions of the Vail � Tow� Code; and ' WHEREAS; the Planning and Environmental Commission of the Town of Vail recommended approval of these amendments at its .iuly 9, 2007 meeting, and has submitted its recomrnendation to the Vail Town Council; and ''J'+IHEREAS, the PGanning and �nvironmental Cor�mission finds that the proposed arnendments are consistent with the appiicable elements of the adopted goals, objeckives �nd poiicies outlined in the Vail Comprehensiue Plan and are compatible with the development o�jectives af the Tawn; and WHEREaS, tl�e Planning ar�d Environmental Commission finds that the proposed amendments promote 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; and WHEREAS, the Vail Town Council cor�sid�ers i# in the interest of the public health, safety, and welfare to adopt these amendmen#s to the Town Code. NOW, THEREFORE, BE IT ORDAlNED BY`fHE TOWA1 COUNCIL O� THE TOWN OF VAIL, CQLORADO, THAT: Section 1. The purpase of this ordinance is to amenci the tirne limitation requirements for temporary business offices. {Text that is to be deleted is s#�i�. Text that is to be added is bold. Sections of text that are not amended may be amitted.) Ordinance No.22,5eries of 2007 1 Section 2. Sectian 12-2-2 (in part) is hereby amended as folfows: �€€�G€—T€A�R4F�����1�-��P�E��: � „�„�,,.+�e ,,.,.,,�„��„��;�..���',-"�;�;.��� , �i��las�e�-�e# a�e�is�ing e#fi��i�--�ho T,,,.,,, „f v�;� a �o +„ ��,��,,.��,,.,rr,o.,+ f„� 0 4+���-„+�co r�ff��o ch�+ll nn+ '�nl��rle r.Ff�r.o� r�f r .�+I o�+.++e .+ en+�. OFFICE, TEMPORARY BUSINESS: An office #vr the conduct of general business and service activities and transactions far a limited time period to accornmodate the temporary displacement of an existing business office within the Town of Vail du� ko redevelopment construction activities. Section 3. Sub-Section 12-16-7-A (in part) is hereby amended as follows: 14. Temporary Business Offices: a. Offices for real estate agents shall be exctuded. b. The storage, sale, or display of inerchandise on the premises shall occupy less than ten percen# (10%) ot'the office's floor area. c. Off stree# parking shall be provid�d in accardance with Chapter 10 of this title. d. Signage shall be provided in accordance Title 11,Sign Regulations, of this code, e. The business and service activities and transactions of a temporary business office may only be conducted for a limited time period, not to exceed three (3) years. Unless the time period is limited to a shorter duration, the approval of a conditional use permit for a temporary business office shall expire and become void within three f 3)y�ars from the initial date of approval. The Planning and �nviranmental Cvmmission may grant a subsequent extension to a co�ditional use permit approval to a{low a temporary business office to eontinue aetivities and transactions beyond the original time period I�mit, if the Commission determines special circumstances andlor conditions existto warrantsuch an extensian. An extension may only be granted for the minimur� time period necessary to facilitate specific redevelopment construction activities that achieve th�Town's goals, policies, and abjectives, but in no event may such an extension be allowed for more than three years wi#hout additional review. Ordinance Np.22,Series of 2007 2 f.A canditional use permit approval for a temporary business o'ffice shall I be reviewed by the Planning and Environmenta� Commission on an annual basis to verify the applicant's campliance with the conditions of approval. I Section 4. If any part, section, subsection, sen#ence, clause or phrase of this ordinance is far any reason held to be invalid, such decision shall not effect the validity of the remaining portivns of this ordinance; and the Town Council hereby declares it would have pass�d this ordinance, and each part, section, subsec#ion, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared inval�d. Section 5. The Town Council hereby finds, determines and declares that this �rdinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6. The amendme�nt of any prouision of the Tow�n Code as prov�ded in this ordinanee shall not affect any right which has a�crued, any duty imposed, any violatian that occurred prior to the effective date hereof, any prosecution commenced, nar any other action or proceeding as commenced under or by virtue of the provision amended. The art�endment of any prov�sion hereby shall r�ot revdve any provision or any ordinance previously repealed or superseded unless expressfy stated herein. Sect�on 7. All bylaws, orders, resolutions and ordinances, or pa�ts thereof, incans�stent herewith are repealed to the extent only of such inconsistency. This rep�aler shall not be construed to revise any bylaw, order, resalution or ordinance, vr part thereof, theretofore I repealed. I Ordinance No.22,Series of 2007 � � I INTF�ODUC�D, READ ON F1RST REA�ING, APPROVED, AND �RDERED PUBLISHED ONCE I�V FULL ON FIRST READING this 17t�' day of July, 2007, and a public hearing for second reading of this Ordinance set for the 7th day of,a,ugust, 2007, at 6:00 P.M. i� the �ouncil Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor ATTEST: Loref�i Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED UN SECOND READING AND ORDERED PUBLISHED IN FULL this 7'" day af August, 2007. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town C�erk I I � I Ordinance No.22.Series of 2007 4 � i r , ��� 1��;,,,� �'Pra�,�-d� MEMORAN�U�111 �bf� : �-Z TO: Town Council `"`s+'�" �� Z='' = r1 r��� FROM: Community Development Department DAT�: July 17, 2007 SUBJECT: Ordinance No. 22, Series of 2007, an ordinance arnending Sectian 12-2-2, Definitions, and Sectian 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments ta the regula#ion of temporary business offices, and setting forth details in regard thereto. (PEC07-0a40) App�icant: Vail Reso�ts, represented by Jay Peterson Planner: Bil( Gibson � I. D�SCRIPTION OF THE REQUEST The applicant, Uail Resorts, is requesting a first reading oF Ordinance 22, Series of 2Q{]7, an ordinanc� amending Section 12-2-2, Definitions, and Section 12-16-7, Use Specific Criteria and Sta�da�ds, Vail Town Code, to allow for amendments to the regulation of temporary business ofEices, and setting forth details in r�gard th�reto. I!. BACKGROUND On November 16, 2004, the Varl Town Council adopted Ordinance No. 26, Series of 2004, fo allow "Temporary Business Offices" an the first-floor of builddr�gs within the ' Lionshead Mixed Use 1 District. The purpos� of this ordinance is to allow existing Lionshead area office uses, which are displaced by #he construction activities of redevelapment pro}ects, #o be femporarily relocated wikhin the Lionshead area. On January 4, 2fl05, the Planning and Environmental Commission granted approval, with conditions, of a conditfonal use permit for Vail Resort's temporary business affices current�y occupying the first-floor of the Treetops commerciaf building and the Concert Hall Plaza �uilding. These approvals were su4�ject to expire on Jar�uary 24, 2008. On June 11, 2007, the Planning and Environmenfal Comm�ssian granted extensions to these appro�als, cantingent upan the Vail 7own Council's adoption of text amendments revising the Vaif Town Code ta allow for such extensions by a vote of 4p1-1. On .1uly 9, 2007, the Planning and Envrronmental Commission held a public hearing to review the propased text amendmen#s to allorrv for said extensions to the Treetops and Concert Hall Plaza temporary business offiee cor�ditional use permits. The Planning and Envirv�mental Cornmissior� fon+varded a recommendatio� of apprawal, with modifications, for the proposed amendments to the Town Council by a vote of 3-2-1 (Cleveland and Jewitt opposed, Pierce recused). The recommended madificatior�s have been incorporated into Ordinance No. 22, Series of 2d07 (Attachment C}. 1 � ' 4 Ordinance No. 22, Series of 2007, (Attachment A), the s#aff memarandum to the Ptanning and Environme�tal Commission dated ,1uly 9, 20Q7, (Attachment B), fhe draft July S, 2007, hearing Plann�r�g and Environmental Commission hearing minutes (Attacnment C), and fhe June 'i 1, 2Q07, hearing Planning and �r�vironmental Commission hearing minutes (Attachment D) have been attached fo�reference. Ili. 5TAF� RECOMMENDATIQM , The Depar�ment of Community Developme�t recommends t#�e Vail Town Council approve Ordinance No. 22, Series of 2007, on first reading ta amend Sectian 12-2-2, Definitions, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, ' to allow for arr�endments to the regulation of tempocary business offices, and setting � for#h details in regard thereto. Staff's recomrnendation is based upon the review of the criteria noted in Section V of the Jc�iy 9, 20Q7, staff memarandum to the Planning and Environmental Commission and the evidence and testimony presented. Should #he Town Council chovse #o approve Ordinance No. 22, Series of 2007, on frst reading, the Department af Comrr�unity De�elopment recommends the Town Council � make the following findings: "7. That the amendments are consistEnt with the applieable elements of fhe adopted goals, abjectives and policies outlined in the Vai! Compreh�nsive Plan and is compafible wifh fhe development objectives of the TQivn based upan the review ou�lined in Section V of the Staff's July 9, 2001, memorandum to the Planning and Environmenta! Commission; and, 2. Thaf fhe arriendmenfs further fhe general and speciFc purpose of the Zoning Regulatipns based upon the revierrv outlined in Ssction V of the Staff's July 9, � 2007, memorandum to fhe Plannrng and Environrrrental Commrssion; and, 3. That the ar�asndments promote fhe health, safefy, morals, and genera!welfare of ; the Town and promote the coordinated and harmoniaus developmer+t of the Town in a manner that conserves and enhances its natura! environment and its establrshed characfer as a resort and residentia!cammunity of the hrghest quality based upon the review outlined in Sectrorr V of the 5faf�'s July 9, 2047, ' rrremorandum ta the Planning and Errvrronmerrtal Commrssion." IV. ATTACHMENTS � A. 4rciinance No. 22, Series of 2007 . ' B. Staff memorandum to fhe PEC dated July 9, 2007 C. Draft July 9, 20D7, PEC hearing mtr��tes D. June 1�, 2007 PEC hearing minu#es � 2 I I ' � Attachment A ORDINANC� �10. 22 SERIES OF 2007 OR��NANCE NO. 22, SERIES O� 2007, AN QRDINANC!E AMENDING SECTI4�N 12-2-2, DEFINITIONS, AND SECTION 12-1�-7, USE SPECIFIC CRITERIA AND STANDARDS, VAIL TOWN CODE, Ta ALLOW �FOR AMENDMENTS TO THE REGULATIQN OF TEM�ORARY BUSINESS OFFICES, AND SETTlNG FORTH DETAILS IN REGARD THERETO. WH�REAS, the Planning and Environmental Commission of the Town of Vail has held public hea�irags an the proposed amendments in accordance with the provisions of the Vail Tawn Code; and WH�REAS, the Planning and Environmental Commission af the Tawn of Vail recommended approval of these amendments at its July 9, 2Q�7 meeting, and f�as submitted its recommendation to the Vai1 Ti own Cour�cil; and WHEREAS, the �lanning and Environmental Commission finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the de�elopment ota}ectives of the Town; and WH�REAS, the Planning and Ee�vironmenkal Commission finds that the proposed amendrraents pramote the health, safety, morals, and general weffare of the Towr� and promote the coordinated and harmonious development of the Tvwn in a man�er that conserves and enhances its natural ea�vironment and its established character as a resort and residential cornmunity of th@ highest quality; and WHER�AS, the Va�l �own Council considers it in the interest of the public health, safeky, and we9fare to adopt these amendments to the Town Cocie. NOW, THEREFORE, BE IT ORDAINED BY 7HE TOWN COUIVCIL �F THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this o�dinance is to amend the time limitatian requirements for temporary business offices. (Teact that is ta be deleted is s�e�. Text that is to be added is bold. Sec#ions of text that are not amended may be amitted.) Ordinance No.22,Series of 2007 1 5ection 2. Section ti2-2-2 (in part) is hereby amended as follows: , . , � > > , , , 0 F� � e nFF nl-�nll n� ir+rl� rle n�neas�re.71 c+c+�.++e �+�enFn ,. .,� .....,� ..........+ ...y......,. OFFIGE, TEMP�RARY BUSINESS: An office fnr 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 �f Vail due to redevelopment construction activities. Section 3. Sub-Section 12-16-7-A (in part) is hereby amended as foNows: 14. Temporary Business �ffices: a, Offices for real estate agents shali be excluded. b. The storage, sale, or display of inerchandise on the premises shall occupy less than ten percent{10%� of the office's floor area. c. Off street parking shall be provided in accordance with Chapter 10 af this title. . __ __ __.......... ________.......... _ _____ __.......... __ _ d.Signage shall be provided in accordance Title 9 7,Sign Regu�ations,of #his code. e. The 4�usiness and service acti�ities and transactions o#a #einporary business office may only be canduct�d for a iimitect time period, not to exceed three (3) years. Unless the time period is limited to a sfiarter duration, the approval of a condi#ianal use permi# for a temparary business office shall expire and become void within three(3)years from the initial date of approval. Th� Planning and Environmental Commission may grant a subsequent extensian to a conditional use permit appro�al to allow a temporary business office to continue activities and transactions beyond the original time period limit, if the Commission determines special circumstances and/or cvnditions exist to warran#such a�extensian. An Bxtension may only be granted far the minimum time per+od necessary to facilitate specific recfevelapment construction activities that achieve the Town's goals, policies, and objectives. Qrdinance No.22,Series o#2Q07 2 f.A conditional use permit approval foc a temporary business office shall be reviewed by the Planning and Environmental Comm�ssion or� an annual basis to verify the applicant's comp6iance with the conditions af approval. Section 4. If any part, sectior�, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect#he validity of the remaining portians of this ordinance; and the Town Council hereby declares it would ha�e passed this ordinance, and each part„ sectio�, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, dauses or phrases be declared invalid. Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary ar�d proper for the health, safe1ty and welfare of the Town of Vail and the inhabitents thereof. Section 6. The amendment of any provision of the Town Code as provided in this ordinance st�all not affect ar�y right whieh has accrued, any duty imposed, any violatian that accurred prior to the effective date hereof, any proseeution commenced, nor any other action or proceeding as commeneed under or by virtue of the prouision arnended. The amendment of any pravisitin hereby shall not revive any provision ar any ordinance preWCflusVy repealed �r superseded unless expressly stated herein. Section 7. A,II bylaws, orders, resolutions and ordinar�ces, or parts thereof, inconsistent herewith ar� repealed to the extent only of such inconsistency. This repealer shall nat be construed to ravise any bylaw, order, resolution or ordinance, or part thereof, theretofare repealed. i � I Ordinance No.22,Series of 2007 � ` INTRODUCED, READ �N FFRST READING, APPRQVED, ANQ QRDERED PUBLiSHED ONCE IN FULL QN FIRST READING this 17th day of,tuly, 2007, and a pubtic hearing for second reading of this Ordinance set for th� 7th day of At�gus#, 2007, at 6:OC? P.M. in the Council Chambers of the Vail Munici�al Bu+lding, Vail, Colarado. Radr�ey E. Slifer, Mayar ATTEST: Lo�elei Da�aldson, Tawn Clerk i ' Qrdinance No.22,Senes nf 2D07 � 4 I � � Attachment B MEMORANDUM TO: P�anning and Environmental Commission FROM: Community Development Department DATE: July 9, 2007 SUBJ�CT: A request for a final recommendation to #he Vail Town Gouncil for a text amendment, pursuant to 5ectian 12-3-7, Amendment, Vail Tawn Code, ta Section 12-2-2, Definitior�s, and Section 12-1fi-7, Use Specific Criteria and Standards, Vail Tawr� Code, to a11ow for amer�dments to the regulation af temporary business o�fices, and setting forth details in regard thereto. (PEC07- 0040) Applicant: Vail Resorts, represented by Jay Peterson Planner: Bill Gibson I. SUMMARY The applicant, Vail Resorts, represented by Jay Peterson, is cequesting that the Plar�ning and Environmental Commission forwards a recor�mendation to the Vail Town Councrl regarding pro�osed text arnendments to Section 12-2-2, Definitions, anc! Section 12-16-7, Use Specific Criteria and Star�dards, Vail Town Code, to allow for amendments to the regulation of temporary business o�ces, and s�tting forth details in regard thereto. Based upon Staff's review of the criteria outlined in Sectian VII af this memorandum and the evidence and testimany presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of apprvval to the Vail Town Council for the proposed text amendments, subject to the findings noted ira Section V af this memorandum. II. DESCRIPTI��J OF REQUEST The applicant, Vail Resorts, is proposing amendment's to the Town's regulation af "temparary business offices". The purpos� of these text amendments is ta aClow Vail Resorts to continue to operate "temparary business offices" within the Treetops a�d Conce�# Hall Plaza buildings, beyond the 3 year time limik prescribed by the Vail Town Code. The fo�lowing is a summary of the proposed text amenciments: Deleted kext is indicated with a c4riLefhrn��nF�} and new taxt is bold 12-2-2.� DEFINITIONS �FF10E, TEMPORARY BUSINESS: An o�ce for fhe conduct of general busrness and se►vice activities for a li�►r►ited duration o#time nnf fn o„�o��r +�.�o /?l v orc n �hionf } 1 iin hv f nl�nninlv onr� ornrirnnm,at� ,�re��e ax�—a�r�ar fei��wa��i�e , , to accommodate the displacement of an existing business office � within the Town of Vai! due ta redevelopment construction activities. �e�se i r I 1 f l 1 � OFFICE, TEMP�RARY BUSINESS: An office for fhe conduct of general business and service acfivifies and transacfions i`or a limifed fime period fo accommodate the temporary displacemenf of an exisfing �business a.ffice avithin #he To�n af Vail due to redevelopment consfruction acfivities. 12-1 fi 7: USE SPEClF1C CRlTERIA AND STANDARDS: The fa!lowing eriteria and sfandards shall be app�icable to the uses lisfed belaw in consideration of a conditiona!use permit. These criferra and standards shall be in addition to fhe criferra and findings required by Sectior► ?2-16 6 of this chapter. A. Uses and Criteria: 14. Temporary Business Offices: a. Offices for real esfate agents shall be excluded b. The storage, sale, or display of inerchandise on the premises shall occupy less than ten percenf(90%) of#h� office's floor area. c. Of`f sfreet parkiRg shall be provided in accordance with Chapfer 10 of fhis tifle. d. Signage sha!! be provided in accordar�ce Tifle 17, Srgn Regulations, of this code. e. The ausrness and service activities and transactions may only be conducted for a limifed time period, net to exceed three(3)years. The Planning and Environmenta! Cammission may approve a time period longer than three (3} years, or extend an exisfing time period, should the Commission derermine that special circumstances or conditions e�rist that warranf such an extended fime period. The Planning and Fnvirnnmental Commission rnust determine fhat any time period approved for Ionger fhan fhree (3) years is the mi�rmum fime frame necessary to facilitate specific redevelopment consfruction acfr"vities that achieve the 7own's goals, policies, and objectives. f. A conditional use permit approval for a i`emporary 6r�siness office may be reviewed by the Planning and Environmenta! Commission on an annua! basis fo verify the applicant's complrance with the conditiarrs af approval. a III. BACKGROUND On November 16, 2004, the Vail Town Cfluncil adopted Ordinance Na 26, Series of 20�4, to allow "Temporary Business Offices" on the first-floor of buildings within the Lionshead Mixed Use 1 District. The purpose of this ordinance is to a11ow existing Lianshead area office uses, which are displaced by the construction activikies of redevelapment projects, to be temporarily relocated within #he Lionshead area. O� January 4, 2005, the Planning and Environmental Commission granfed approval, with conditions, of a conditional use permit for Vail Resort's temporary business offices currently occupying the first-floor of the Treetops cornmercial building and the Concert Hall Plaza Building. These approuals were subj�ct to expire on .lanuary 2�, 2008. 4n Jun� 11, 2007, the Planning and Envi�onmental Commission granted extensions to these approvals, contingent upon the Vail Town Council's adoption of text amendments revising the Vail Town Code to alEow for such extensiQns. IV. APPLICABLE PLANNING DOCUMENTS A. Title 12, Zoning Regulations, Vail Town Code CHA�PTER 12-1, TITLE, PURPOSE AND APPLICABILITY {in part) Secfion 12-?-2: Purpose: A. General: These regulations are enacted for fhe purpose of promoting fhe health, safefy, morals, and genera! welfare of fhe Town, and to promQte the coordinated and harmonious development of the Town in a manner that wfl! conserve and enhance its natural envirorrment and its established characfer as a resart and residential c�ommunify of high quality. B. Specific: These regulations are interrded to achieve the followir�g more specifrc purpases: 9. To �arovide for adequafe Irght, air, sanitatron, drainage, and pubfic facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous condrfions. 3. To pramote safe and effic�enf p�desfrian and vehicular traffic circulafion and to lessen congestion in the streets. 4. Ta promote adequafe and appropria�ely locafed aff-street parking and loading faeilities. 5. To conserve anaf maintain established communify gualrties and economic values. 6. To encourage a harmonious, convenient, workable relationship arraong land uses, consistent with Municipa!development objectives. 7. To prevenf excessive population densrties and overcrowding of the land►Mith strucfures. 8. Ta safeguard and enhance the app�arance vf fhe Town. 9. To conserve and protecf wildlife, streams, woods, hillsides, and other desira6le natural features. I 3 I I 10. To assure adequafe opert space, recreafion opportuni#ies, and other amenifres and facilifies conducive fo desired living quarfers. �1. To otherwrse provide fpr the growfh of an orderly artd viable communify. ARTlCLE 12-7H: LI4NSHEAD MIXED USE 1 (LMU-1� DISTRICT(in part� Section 92-7H-9:Purpose: The Liorrshead Mixed Use 1 District is intended 10 provide sites for a mixture ot multiple-family dwellings, lodges, hofels, fractiona! fee clubs, time shares, lodge dwelling units, restaurants, affices, skier services, and commercial establishments in a ciustered, uni�ed developmenf. �ionshead Mixed Use 1 Districf, in accordance with fhe Lionshead Redevelopment Master Plan, is inte►�ded to ensur� �dec�ua�e lighf, arr, open spaee and other amenifies appropriate fo the permitfed fypes of buildrngs and uses and to maint�in th� --- desirable qualitres of the Disfrict 6y esta6lishirrg approprrate site development standards. This District is meant to encourage and provide incentives for redevelopmenf in accordance wifh the Lronshead Redevelopmenf Master Plan. This Zone Distrrcf was speeifically developed fo pravide incentives far properties to redevelop. The ultimafe gaal of these incenfives is to create an economically uibrant lodging, housing, and commercial core area The incentives in this Zon�e Dfsfrict include increases in allowable gross residenfia!floar area, building hergFrt, and density over the previously esfablished zonrng rn the Lronshead Redevelopment Master Plan study area. Th� primary goal of the incenfrves is to create economic conditions favorable to inducing private redevelopmenf consistenf with the Lionshead Redevelopment Mas#er Plan. Additionally, fhe incentives are created fo help finance publ�c aff-sife improvements adjacent to redevelopmenf projecfs. With any development/redevelopmenf proposal faking advantage of the incentives creafed hereirt, the follov�ring amenifies will be evaluated: streetscape rmprovemenfs, pedesfrian/bicycle access, public plaza redevelopmenf, public art, roadway improvements, and similar improvements. Chapter 12-1 G: C�NDITIONAL USES PERMITS {in part) Secfion 92-76-9: Purpose; Limitations In order to provrde fhe flexibilify rrecessary fo achreve tlie objectives of this tifle, specified uses are permrtted in certain districts sub�ecf #o fhe grantrng of a conditional use permif. Because Qf their unusua� or special characteristics, conditional uses require revierv so that they may be located properly with respect to the purposes of this tifle and with respecf to their effects on surrounding properties. The review process prescribed in this chapter is intended fo assure compatibi/ity and harmonious development betvve�n cortditional uses and surrounding properties in the Town at large. Uses listed as conditiana! uses in the various distrrcts may be permitfed subfecf to such candifions and limitations as fhe Town may prescri6e to insure thaf the lacation and operation of the condifional uses wilf be in accordance wrth the developrrrertt objectives of the • Town and wil! nof be detrimenta! to ofher uses or properfies. Where conditions cannot be devised, to achieve these objecfives, applications for conditronal use � permits shall be denred. 4 1. . B. Lionshead Redevelvpmer�t Master Plan 2.3.1 Renewal and Redevelo rrlent Lionshead ean and should be renewed and redevelopmenf to become a warmer, more vibranf envrronmenfi for guests arrd residents. Lionsheac! needs an appealirrg and coherent idenfity, a sense af place, a personality, a purpose, and an improved aesthe#ic cf�aracfer. 2.�.2 VitaJif and Amer�ifies We must seize the apportunity fo enhance guest experience and communrty interaction through expanded and additiona! ac#ivifies and amenities such as performing arf venues, conference facilities, ice rinks, sfreefscape, parks and other recreational improvements. V. �RITERIA AND FINDIfVGS Consideration of Factors Reqarding th�; Text Amendment: 'i. 7he extent to which the text amendment furthers the general and speciflc purposes of the Zoning Regulations; and Staff believes the proposed text a�nendments will provide the Planning and Environ�nental Commission mo�e flexibility and discretion in regulating temporary business ofFices to achieve the zoning regulation's purpose of promoting coordinated and harmoe�ious development. The proposed text amendrrrents will aiiow the Commission the ability to review the time frame for a #emporary busjness office �n a case-by-case basis in respanse to the specific circumstances of the request. Therefore, StafF believes the proposed text amendments further the general and specific purposes af Title 12. 2. The extent to whic� the text arnendment would better implemen# and better achieve the applicable elements of the adopted goais, objectives, and policies autlined �n the Vail Comprehensive Plan and is compa#ible with the development objecti�es of the Town; ar�d The proposed text amendments will simplify fhe definition of the te�rm "temporary business office"in Chapter 12-2, Definitions, Vail Town Code, and will relocate the specific regulations applied to temporary business offices ta Chapter 12-16, Conditional Use Permits, Vail Town Code. Staff believes this format is rriore consistent with zoning code's �egulation of ather conditional uses than the existing text. Staff believes this consistency wi11 make the zoning code clearer and easier to use, thus better irnplementing the policies associa#ed with temparary business offices. I Staff believes the propased text arr�endrnents will provide the Planning and Environmental Commission more ffexibility and discretion in regulating temporary busir�ess offices to achieve the Town's redeveloprnent objectives. The proposed text amendments will alfpw the Commission the ability to review the time frame for a temporary business office on a case-by-case basis in response to the specifie circumstances of the request. StafF believes the proposed text amendments will therefore better implement and better achieve the applicable elements of the s I I . • .� adoptecl goals, objectives, and policies outlined in the Vail Comprehensi�e Plan and are compatible with tF�e development objectives of#he 7own. � 3. The e�ctent to which the text amentiment demonstrates how condi#ions have substantially changed since the adoption of the subject regutation and how the existing regulation is no longer appropriate or is inapp[icable; and The Town's regulations for temporary business offices were ariginally adopted in November of 2QQ4, at the very beginnsng of Vail's 'Biliion Dollar Renewal". These ariginal regulations were adopted in response to an issue that was not an#icipated p�ior to #he beginning of the significant redevelopment pro3ects such as the Lionshead core si#e (i.e. Arrabe!!e). Staff believes the proposed text amendments are anot�er example of a�aptir�g ta the changing redevelopment scenarias within the Town of Vaii. 4. The extent to which the text amendment provides a narmonious, convenient, workable relationship among tand use regulations cot�sister�t with rr�unicipal development objectives. . Stafi s�pporks the policy o# limiting t�e duration of a temporary business o�ce conditaonal use permit ta a specific and consistent time frame; hqwever, Staff also believes f�exibility and discretion shou4d be afforded to the Pfanning and Environmer�tal Commission to evaluate such applications on a case-by-case basis in response to the specific circumstances of the request. Staff believes that the �roposed text amer�dmer�ts will facilitate and provide a harmonious, con�enient, workable relationship among land use regufations t�at are consistent with the Town of Vail master plans and development objectives. 5. Sucfi other factars and criteria the Commission andlor Gounci! deem applicable#o the proposed text amet�drtient. VL STAFF REGOMMENDATIQN The Community DeveloPment Department recommends that the Planrting and Er�vironmental Commission forwards a recommendation of approval to the Tvwn Council for amendmen#, pursuant to Section 12-3-7, Amendment, Vai1 Town Code, to ' Section �2-2-2, Definitions, and Section �2-16-7, Use Specific Criteria and Standards, Vail Tov+rn Code, to allow for amendments to the regulation of temporary business offices, and setting forth d�tails in regard thereto. (PEC07-�040} � Staff's recommendation is based upon the review of the criteria in Section V o� this memorandum and t�e evidence ar�d testimony presented. Should the Planning and Environme�tta# Commission choose to recommend approval of the propased , amendments; Staff recommer�ds that the following fir�dings be incorporated into a mation: � "1. Thaf the amendmenfs are consrstent with fhe applicable elements of fhe adopted � goals, objectives and policies ouflined in fhe Vail Comprehensive Plan and is compafible with fhe develapment objecfives of fhe Tnwn, and � 6 . � 2. That the amendmenfs further the general and specific purpose of the �oning ReguPatrons; ancf 3. That the amendments promote fhe healfh, safety, moraJs, ar�d general welfare of fhe Town and promate the coordinated and harmonious development of the Town in a manrrer fhat conserves and errhances rts naturaf environment and its establrshed character as a resort and residen�ial community of fhe highest quality." � � Attachment C � � � ' � • PLANNING AND E�-wiRONMENTAl. CUMM{S5l4N � PUBLIC MEETING � i July 9, 2007 ' � �N0�9AfL ' 1:OQpm . I T�WN COUNCIL CHAMBERS/ PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT Dave Viele Anne Gunion Rollie Kjesbo Dick Cleveland Bill Jewitt Michael Kurz Bill Pierce (recused himself on items 1, 2, and 3 due ta a car�flict of interest and then departed at approxFinately 1:05 p.m.) S1TE VISITS There were no site visits. 15 minutes 1. A request for a fir�al recommendation ta the Vail Town Councit for a text amendment, pursuant to Sectibn 12-3-7, Amendment, Vaii Town Code, to Section 12-2�2, Definitians, and Section 12-16- 7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments to the regulation of temporary business offices, and setting forkh details in regard thereto. {PEC07- OQ40) Applicant: Vail Resorts, represented by Jay Peterson � Planner: Bill Gibson � ACTION: Recommendation of approval with modifications MOTION; Viele SECOND: Kurz VOTE: 3-2-'� (Cleveland and Jewitt appased, Pierce recused) 1. The text shall be modified so an extension may be grar�ted for an approved tem�orary bersiness office, but the initia! approval may no�exceed three years. 2. An annual review of a temporary business affice by the PEC "shall" be required, rather than "may" be required. Bi�! Gibson gave a presentation per the staff memorandum. Jay Petersen, representing the applicant, made himself available fo answer questinns. Kaye Ferry, had a procedural question regarding why this applicatiQn was before the Planning and Environmental Commissian. Bill Gibson answered her question. D�ck Cleveland expressed concern aver the elEminatian of the three year time frame, which he believed was appropriate. However, he noted that the PEC should have tt�te ability to approve longer time periods if conditions warranted. He expressed some concern about the lack of specific criteria by which to review and appro�e an extension for more than tF�ree years. Rollie Kjesbo expressed concem that the extensio�+ requested.for the o�ce space was not adequate understanding the approval and construction of Ever Vail and North Day Lot will likely take severai years to oamplete. - Page 1 . t � * �� ' s wo��d not return if the were relocated auts e of Dave Viele expresseci co�cern tha� the office Y Vail. IVlichaei Kurz expressed support for the amendrnent with the changes Dick Cleveland discussed. Bill Jew4tt expressed h�s apposition to the pro�asal as his belief that the pro�osal did no# comply with the review criteria. 20 minutes 2. A requesk for a worksession to discuss a major amendment to a Special Development District {SDD), pursuant to Section 12-9A-10, Amer�dmenf PrQCedures, Vail Town Code, to aliow for an amen�ment to Special Development Distric# No. 17, Ramshorn, to allow for the redevelopment of Ramshorn �.odge, located at 4�6 Vail Ualley �rivelBlack 3, Vail Village 5th Filing and Tract �-1, Vail Village Filing 5, and se#ting forth details in regard thereto. (PE�07- 0038) Applicant: Ramshorn Lodge, represented by Pylman & Assaciates, Inc. Planner: Scat Hunn ACTION: Tabled to June 23, 2007 MOT10N: Cleweland SECOND: Viele VQTE: 5-4-1 �Pierce rec�sed} Scot Hunn gave a presentation per the staff memorandum. Rick Pylan, representing the Ramshorn, gave a presentation regarding the concepk�al nature of the praposal, summarizing of the history of the property, including rental histor,r. Rick described the general histary of certain amendmen#s �o Public Accommodation (PA) zoning regulations, and the praperty, relative canformance ta existing zoninc� requirements and the 1987 approval of SDD No. 17. Rick further discussed the desires af the Owr�ers to work within the existing structure by adding a fourth floor and some additional bump outs for certain existing units. The redewelapment will irtclude a new fire sprir�kler system, larger lobby, ar�d elevatflrs. Todd Dunzee, with Fritzlen Pierce Architects, representing the applicant, gave a presentation of the conceptual floor plans and elevations. Jim Lamont, Vail Village Homeowners Association, asked about what public benefits were being proposed. Rick Pylman stated that they were laoki�g far suggestions an what public benefits should be provide�. Bill Jewitt, stated that he feels a public benefit should truly benefit #he pubf►c. Relative to proposed improvements fo existing sidewalks and rernoval of cer�ain trees n�xt to or withan the public right of way, improvements to roads should be coming out of the general fund not be considered public benefit of an �ndividual project. He further commented that improverrzents to sidewalks, crossings and v+ridening of the road #o provide safer conditions far cyclists wi11 be encouraged. Bill expressed some concern regarding the plans, suggesting that the applicant st�dy bre�king up the roof line. Parking a will be a concern. Rollie Kjesbo asked to be provided with details of the Tivoli SDD ar�d the pr�blic ben�f�t they provided. Would like to keep height for Rams-Harn no higher than the approved height ofi the Tivoli. Employee housing on site is always good. Page 2 Attachment D � � � PL..ANNIMG AND ENVIRONMENTAL COMMISSION PUBLIG MEETING '� June 11, 20Q7 ���y�`� 1:OOpm ' T�UVN COUNGIL CHAMBERS 1 PUBLIC W�LCQME I MEMBERS PRESENT MEMBERS ABSENT Dick Cleveland , Anne Gunion Bill Jewitt Michael Kurz I Rollie Kjesbo arrived at '1:05 Bill Pierce arrived at 1:10 David Viele arrived at 2:00 I Site Visits: None 10 minutes 1. A request for a final review of a coRditionat c�se permit, p�rs�ant to Section 92-6E-3, Cflnditional , Uses, Vail Town Code, to allow fvr a b�Siness office, located at 950 Red 5andstane Road, Units � 43, 44 and 45B (Potato Patch Club�ouse}lPotato Patch Club Condominiums, and setting forth details in regard thereto. {PEC07-0026) Applicant: Booth Creek Management Corporation Planner: Bill Gibson � ACTION: Appro�ed with condition(s} � MOT10N: Cleveland SECON�: Gunion VOTE: 5-0-0 1. The sale of inerchar�dise is prohibited. � 2. The parking for #he business office shall �e located within the existing 38 spaces � lacated west af the clubhouse builcfing and shall be maintained separate frorr� th� areas designated for residential parking. � 3. No overnight parking or storage of commercial vehicles associated v�rith the business � office use shall be permitted. 4. The number �f emplvyees allowed in the business office shall not exceeci 23 (i.e. one employee for each two hundred square feet of net floor areaj. Bill Gibson gave a presentation per the staff inemorandum. Henry Pratt, representing the applicant, was availabEe for questions. I� The Commiss�oners expressed suppa�t for the application. I There was no public comment. 15 minu#es 2. A request for a finai recammendat�on to the Vail Town Counci! for a zone district bau�dary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to zone the property eommonly referred to as "Timber Ridge Apartmenfs" to the Housing (H) District, located at 1280 North Frontage Road/Lots C1, C2, C3, C4, and C5, Lions Ridge Filing 1, and setting farth detai(s in regard thereto. (PEC07-Oa29) Page 1 1 . . Applicant: Town of Vail Planner: George Ruther ACTION: Recommendation of Approval MOTION: Kjesbo SECOND: Cleveland VOT�: 7-0-0 George Ruther gave a presentafion per the sta�f inemorandum. Anne Gunion asked for clarification on the charts and tables at the end of the merncarandurn. Dick Cleveland stated that when this property was purchased, it was intended to be redeveloped with employee housing. He expressed concern about the openness of the Hausing District, however, there are several additional fayers of review with which he is comfortabl�. '10 minutes 3. A request for a fina! review of a conditional use permit, pursuant to Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a temporary business affice located at 616 West Lionshead Circle (Concert Hall Plaza Building), Lianshead � ��"`.� Filing A, and setting #orth details in regard thereto. (PEC07-�a32) Applicant: Vail Resorts, represented by Jay Peterson Planner: Bill Gibson ACTION: Appraved with condition(s� MOTION: Kjesbo S�ECOND: Kurz VOTE: 4-1-1 (Jewitt opposed and Pierce Recused� 1. This conditional use permit for a temporary business office, located at 616 W. Lianshead Circle (Concert Hall Plaza Building) shal� be valid until January 24, 20b9. 2. The applicant (or associated users of the Concert Hall office spaces) shall ensure that the parking access and availability for Landmark Townhames is never irnpeded. Discontent related to parking on behalf of Landmark shall be reason for t�ae applicant #o erect a gate to discontir�ue such impediment, subject to approval of a design review applicat�on. 3. This conditional usQ permit approval is contingent upon the Town Cauncil's adoption of an ordinance amending the definition of a "temparary business office" in Section 12-2-2, Vail Town Code. Items 3 and 4 were read info the record and reviewed concurrer�tty. Bii! Pie�ce recused himself. Bill Gibson gave a presentation per the staff memarandum. Jay Peterson presented an averview of the proposal and how conditions had changed since the initial conditional use permit approval in 20a5. Kaye �erry asked why the extension was needed. Jay Petersen, representing the applicant, expiained how condi#ions have changed, including how the office proposal far tt�e North Day Lot has been delayed, and how the new Ewer Vail project is now the preferred permanent iocation for these office uses. Kaye Ferry stateci that she has received seve�al requests each week looking far retail locations. She b�lieves there is currently high dernand for retaF! #enant space. Page 2 r ^ � �� • Dick Cleveland askec! about the curre�t Isase expirations. Dick Cleveland opp�sed changing the definition o#temporary office. He was cor�fticted beiween tryir�g to keep Mountain Operations in Town and returning the space to retail. Rollie Kj�sbo believed that as a part of the original approval, the office was suppose to go into the Arrabelle. Anr�e Gunion �eviewed the definitian of a Temporary Business Office, and believed it was diffieult to approve an extension. Brian McCartney exp4ained that the office space is now proposed to go into the Ever Vai1 project. Michael Kurz asked how ma�y employees were housed '+n theses offices. Brian McCartney stated that �0 to 60 people were working in these affices. Bitl Jewitt expressed that there was a need far retail a�ci retail wauid come back to places like Treetops and Cartcerf Hall Plaza if it were available. He does not believe the definition allows for the extension of the past three years. 10 minutes 4. A request for a f+nal review of a conditional use permit, pursuant to 5ecfion 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Cade, to allow for a temparary business affice, located at 450 East Lionshead Circle (Treetops Buifding), Lot 6, Vail Lionshead Fil4ng 1, and setting forth details in regard tF�ereto. (PEC07-0031) Applicant: Vai1 Resorts, represer�ted by Jay Peterson Planner: Bi14 Gibson � ACTION: Appro�ed wifh conditinn(s) MOTION: Kjesbo SECONQ; Kurz VOTE: 4-1-1 (Jewitt opposed and Rierce recused)) 1. This �onditianai use permit for a temporary business office, located at 450 East �ionshead Circle{Treetops cvmmercial building), shall be vafid until January 24, 2009. 2. This condi#ional use permit approval is contingent upon the Town Cou�cil's adoption of an ordinance amencfing the definition of a "temparary business office" in Section '12-2-2, Vail Town Code. Items 3 and 4 were read into the recor� and reviewed concurrently. 10 minutes 5. A r�quest for a final recommendation #o the Town Council for a prescribed regulations amendment, {�ursuant to Section 12-3-7, Amendment, Vai4 Town Cade, tt� allow for modifications to Section 12-6A-9, Site Coverage, Vail Town Code (Hillside Residential District), ta increase � aUowable site coverage from 15°/u to 20%, and setting forti� details in regard thereto. (pEC07- 0013) Applicant: Spraddle Creek Estates Homeowners Association, represenfed by Dave Kasela�c af , Zehren and Associates , Planner: Warren Campbell ACT10N: Approved MOTION: Kjesbo SECOND: Viele VOTE: 5-1-9 (Cleveland oppased and Gunion recused) � Items 5 and 6 were read into #he record and reviewed concurrently. Page 3 � / � , . �� M�� MEM(�RANDUM � 'l� <d k br` 1�"ti TO: Planning and �nvironmental Commission �e� ��,�' \�,,y�` �ti"� 'FROM: Comrnunity Dev�lopment Departrnent � � °� ,�1. ��v DATE: July 9, 2007 SUBJECT: A request fnr a final recammendation to the Vail �own Council for a text amendment, pursuant tQ Section 12-3-7, Amendmen#, Vaii Town Code, to Section 12-2--2, Definitior�s, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town �Code, to allow for amendments to the regulation of temporary business offices, and setting forth details in regard thereto. (PEG07- 0040) Ap�ficant: Vail Resorts, repr�esented by Jay Peterson Planner: Bill Gibsor� L SUMMARY The applicank, Vail Resorts, represented by Jay Peterson, is requesting that the Planning and �nvironmental Commission forwards a recomm�ndation to the Vail Town Caunci! regarding proposed text amendments ta Section 12-2-2, Definitions, and Section 12-1 fi-7, Use Specific Criteria and Standards, Vail Town Code, to allow for�rr�endments to the regulation of tennporary business offices, and setting for#h details in regard thereto. Based upor� Staff's review of the criteria autlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department rec4mmends the Planning and Environmenta9 Commission farward a recommendation of approval to the Vail Town Council for the proposed text amendments, subject to the findings noked in Section V of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Vail Resorts, is prop�sing amendment's to the Town's regulation of "#emporary business offices". The purpose of these tex# arnen�iments is to allow Vail Resorts to continue to operate "te�nporary busir�ess offices" within ihe Treetops and Concert Hall Plaza buildings, beyond the 3 year time limit prescribed by the Vail Town Code. The following is a summary of the proposed text amer�dments: Defeted text is i�ndicated with a °}rilir�}{�rr���nhy and new text is bold 92-2-2: DEFINITIOIVS OFFICE, TEMPORARY BUSIi^JESS: An office for the conduct af genera! business and service acfivifies for a limited duration of tirrre h^f �^ °;:�°��' .`":'�� , , , fo accammodate the displacement of an existin� husiness offiee i� wi�hin the To►vn of Vail due to redevelapmenf construction activities. � 1 ' , ti I agcTr�� �ic�'�cr��cE�-e�ariaT �1� s�ernr��naph�� ��/���'e3'� nr nffinoc fnr .-innorol �asir�e�� as#+bv#��s a�-�T�+oas#��-s;-;a�".�e--st�Qg°�s�;°��r--���a�-e� �mornf�Mnrlico ,nn liio nrnmiooc� nrni�nia� la��,fhw�inn n�rronl /1!)0%1 rif f�a f�'nnr� ..... .......... ,..., ...., r............... ......._r.._d .-- •• 'r'= i r '-i OFFICE, TEMPORARY BUSIN�SS: An affice for fhe conduct of genera! business and service activit�es and transac�ions for a limited �ime period to accommodate the temporary displacement of an existrng business office wifhin fhe Town of Vail due to redevelopment consfruction acfivities. 12-96-7: USE SPECIFIC CRlTERIA AIV� STAAfDARDS: The following criferia and standards shall be applicable �o fhe uses listed bela►M in consideration of a conditional use permrf. These criferia and sfandards shall be in addifion to the criterra and findings required by Section 12-16-6 of this cha,�ter. A. Uses and Criteria: 14. Temporary Business 4ffices: a. Offices for rea!esfate agen#s shall be e�cluded. b. The storage, sale, or display of rnerchandise on the premises shal! occupy less than ten percenf(10%) of fhe vffice's floor a�ea. c. Off sfreet parking shal! be provided in accordance with Chap�er 10 of this fitle. d. Si�nage shall be provided in accordance Tifle 11, Sign Regulations, of fhis cade. e. The busirress and service activities and trarrsactions may only be i conducted for a lirnifed tim�period, nat to exceed three (3) years. �, The Planning and Enviranrr�en�a! Commission may appr-o.ue-a--#ime� �riodlQng , exfend an existing time period, should fhe Commission determine fhat specia! circumstances or , conditions exisf that warrant such an extended fime period. The Planning and Environmenta! Comrnission musf determine that any time period approved for longer than three {3) years is the minimum fime frame nec�ssary to facilitate specific redevelopmenf � consfruction activifies thaf achieve fhe Town's goals, polieies, and� a6jectives. ', _.. f. A conditional use permit approvai for a temporary busin�ss affice J „ _=,roa�-be reviewed by the Planning and Environmenfal Commissian on �j!"`1'"" an annual basis to verify the applicant's compliance with the ', conditior�s of approval, ' 2 I + . _ I III. BACKGROU�� �n November 16, 2004, t�e Vail Town Councii adapted Ordinance No. 26, Series of 2004, to allow "Temparary Business Offices" on the first-floor of buildings within the Lionshead Mixecf Use 1 District. TF�e purpose of this or�inance is to allow existing Lionshead area office uses, which are displaced by the construction activities of redevelopment projects, to be temporarily relocated witfi�in fhe Lionshead area. On Jan,uary 4, 2005, the Planning anci Environmental Comrnission granted approval, wtth conditions, of a condifianal use permit for Vail Resort's temparary business offices currentfy oceupying the first-floor of the Treetops commercial building and the Cancert Hall Piaza Building. These approvals were subjec#to exp�re an January 24, 2008. O�n June 11, 2007, the Planning and Environmental Carnmission granted extensions to these approvals, con#ingen# upon the Vail Towro Council's adoption of text amendments revising the Vail Tawn Code to allow fior such extensions. IV. APPLICABLE PLANNING DOCUMEN7S A. Title 12, �oning Regulations, Vail Tawn Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 72-1-2: Purpose. A. General: These regulatrons are enacfed for ihe purpose of promoting the health, safety, morals, and general welfare of the TQwn, and to promofe the coordinafed and harmonraus development of the Town in a manner that wi!! conserve and enhance its natura! environment and ifs esfablis►hed character as a reso�rt and residentia!community of high qualify. B. Specific: These regulafions are infended to achieve the fo!lowing more specific purposes: 1. To provide for adequafe Jight, air, sanifation, drainage, and public faeilifies. 2. To secure safefy from fire, panic, flood, avalanche, aceumulation af snow, anc!other dangerous condrtions. 3. Ta promote safe and efficient pedestrian and vehicular traffic crrculation and to lessen congestion in the streets. 4. To pramofe adequafe and appropriately located off-street parking and loading facilitles. 5. To cons�rve and maintain establfsl�eci communify qualrties and econom�G values. � 6. To encourage a harrrronrous, canvenient, workable relationshrp amorrg land uses, consistent wifh Municipal developmenf objecfrves. 7. To prevenf excessive populafion densities and avercrowding of fhe land with strucfures. 8. ro safeguard and enhance the appearance of the Tawn. 9. Tv conserve and' protect wildlife, streams, woods, hillsides, and ofher desirable nafural features. I 3 I I I� 1 ' ; - � i � �0. To assure adequate open space, recreafion opporfunifies, and other amenities and facilities conducive to desired living quarters. I 99. To atherwrse provide for the growfh of an orderly and v�able community ARTICLE 'i2-7H: LIQNSHEAD MIXED USE 't (LMU-1 j DISTRICT(in part) Section ?2-7H-1: Purpase: The Lionshead Mixed Use 1 District is intended to provrde sites for a rrrfxture of � multiple-family ciwelGngs, lodges, hotels, fractiana! fee clubs, time shares, lodge dwelling unifs, restaurants, off'ices, skier services, and commercia! esfablishments in a clustered, unified development. Lionshead Mixed Use 1 Districf, in accordance wifh the Lionshead Redevelopment Master Plan, is intended fo ensure adequate Irght, air, open space and ather amenities ' appropriate fo the permitted types of buildings and uses and ta maintair� the desirable qualities of the Disfrict by establishing appropriate srte development standards. Thrs Districf is meant to encourage and provide incentives fvr redevelopment in accordance with the�.ionshead Redevelapment Masfer Plan. This Zone District was specifically developed to provide incentives for properties to redevelop. The ulfimate goa! of these incentives is to creafe an ecvnomicafly vibranf ladging, housing, and commercial core area. The incenfives in this Zone , Distrrct include increases in allowable gross residential floor area, building height, and density over the previously esfablished zoning in fhe Lionshead Rede�elopment Masfer Plan sfudy area. The primary goal of fihe incenfives is to create economic condifions favorable to inducing privafe redevelopmenf consisfenf with the Lionshead Redevelopment Master Plan. Additiona!!y, the incentives �re created to help finance public off-sife improvements adjacent ta redevelopmenf projects. Wifh any developmerrt/redevelopmenf propnsal faking advantage of the incenfives creafed herein, the following amenities wi1J 6e _ ___ evaluated: sfreetscape impro�ements, pedestriarrfbicyele aeces�;--public pJaza - redevelopment, public art, roadway improvements, and similar improvemenfs. Chapler 72-16: CONDITIdNAL USES PERMITS (ir� part) Section 92-1fi-9: Purpose; Limitations In order to provide the flexibilify necessary fo achieve fhe objectives of this fitle, specified uses are permitted in certain drstricts subject to fhe granting of a condrtianal use permit. Secause of the�ir unusual or special characterrsfres, conditronal uses requrre revie�nr so that fhey may be Iocated properly with respect to fhe purpases of this tifle and with respect to fheir effecfs on surroundirrg � propertres. The revrew process prescribed in fhis chap#er is intended fo assure compatibility and harmonious development between conditrana! uses and surrounding prope►fies in the Town at large. Uses listed as conditional uses in the various districts may be permitted scrbject to such conditions and limifations , as the Town may prescribe to insure that fhe location and operation of the corrdifronal uses will be irt accordance with the developmenf objecfives of fhe � Town and will not 6e defrimental �o ofher uses or pr+operties. Where conditfons cannot be devised, to achieve these qbjectives, applicafions for conditional use permits shall be denied. I 4 B. Lionshead RedeveEopme�at Master Plan 2.3,1 Reneuva!and Redevelopment Lionshead can and should be renewed and redevelopmenf to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherenf rdentify, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.2 Vitalifv and Amenifies IiVe musf seize the opparfunity to enhance guest experience and community interaction through expanded and additiona! act�vities and am�nities such as performing art venues, conferenc� facrlifies, ice rinks, streetscape, parks and other recreational improvements. V. CRITERIA AND FINDINGS Consideration of Factors Reqarding the Text Amendment: 1. The extent to which the text amendment furthers the general and specific purposes ot the Zoning Regulations; �nd StafF believes the proposed text amendments wilk provide the �'�anning and Environmental Commission more flexibility and discretion in regufating t�mporary business affices to achieve the zoning regulation's purpose of pramoting coordinated and harmonious development. The proposed text am�ndments will allow the Commission the ability to review ths time frame far a temporary business offi�e on a case-by�case basis in respanse to the specific circ�mstances of the request. Therefare, Staff believ�s khe proposed text amendments further the general and specific purposes of Titie 12. 2. The extent to which the text am�ndment would better implernent and better achieve the applicable elemer�ts of the adopted goals, objectives, and policies outlined in the Vail Gomprehensive Pla� and is compatible with the development objectives of t�e Town; and The proposed text amendments will simplify the definitior� of the #erm "terrrporary business office"in Chapter 12-2, Definitians, Vail Town Code, and will relocate the specific regulatians applied to temporary business offices to Chapter 12,16, Cvnditianal Use Permits, Vail Town Cade. Staff believes this format is rnore cons+stent with zoning code's regulation of other conditional uses than the existing text. Staff believes this cansistency will rnake the zoning code clearer and easier to use, tt�us better implementir�g the polic�es associated with temporary b�rsiness offices. Staff believes fihe praposed text amendments will provide the Planning and Enviranmental Commission mare ffexibility and diseretion in regulating temporary business offices to achieve the Town's redevelopm�nt objectives. The proposed text amendments wilf aflow the Gommission the abifity to review t�e time frame for a tempnrary business office on a case-by-case basis in response to the specific circums#ances of the request. Staff believes the proposed text amendme�ts will therefore better implement and better achieve the applicable elements of the 5 I r e � � � adopted goals, objecti�es, and policies outlined in the Vait Comprehensive Plan and are compatible with the development objectives of the Town. � 3. The extent to which the text amenciment demonstrates how conditions have substantially changed since the adoption of the subject regu�ation and how the existing regulation is no longer appropriate or is inapplECable; and The Town's regulations for temporary business o�ces were originally adopted �rt November of 2C304, at the very beginning of Vail's "Billion Dol�ar Renev�ral". These original regulatior�s were adopted in response to an issue that was not anticipated prior to the begmning of the significant redevelopment projects such as the Lionshead core site (i.e. Arrabelle). Sta�f �elieves the proposed text amendments ar� anather example of adapting to the changing redevelop�nent scenarios w+thin the Tawn of Vail. 4. The extent to which the text amendment provides a harmanious, cortvenient, wotkable relationship among land use regulations cansistent w+th mUnicipal development objec#ives. S�aff supports the policy of limiting the duralion of a temporary business office conditior�al use permit to a specific and consistent time frame; however, Staff also believes flexibility and discretian should be afforded to the Planning and Environmenta! Commission tn e�aluate such applications on a case-by-case basis in fespanse to the specific circumstances of the request. Staff helieves that the proposed text amendments will facilitate and provide a harmanious, convenient, wo�lcable re�ationship among land use regulations that are consistent with the Town of Vail master plans and development objectives. 5. Such other factors and criteria the Commission andlor Council deem applicable to the Qroposed text amendment. VI. STAFF RECOMMENDATION The Community Develapment Deparfinent recommends that t�e Plannir�g and Environmental Commission forwards a recommendation of approval to the Tawn Council for amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, ta Section 12-2-2, Definitions, and Secfion 12-16-7, Use Specific Criteria and Stand�rds, Vaif Town Cade, to allow for amertdments to the regulatior� �f temporary business , offices, and setting forth details in regard thereto. (PEC07-0040} Staff's recommendatian is based upan the review of the criteria in Section V of this memorandum and the evidence ar�c! testimany presented. Should the Planning and Environmental Commission chaase to recommend approval of #he proposed ' am�s�dments; Staff recommer�ds tf�at the �ollowing findings be incorporated into a motion: _ __ _ _ _ __ "1. That the amendments are consistenf wifh the applicable elemenfs of the adopted ' goals, o6jecfives and policres auflined in the Vail Cornprehensive Plan and fs compatible with fhe developmen�objectives of the Tawn, and � � , 2. That fhe amendments further the general an�l specific purpose of the Zoning Regulafions; and 3. That the amendmenfs pr�omofe the healfh, safety, morals, and general welfare of the Totivn and promote the car�rdinated and harmanious developmenf of fhe Town rn a manner fhaf conserves and enhances its natural errvironment and ifs estab/ished character as a resort and residential communrty of the hrghest quality." I I -r , � �'OWN OF VAIL ' Depart�nent of Corrimunity Development 75 South Frarrtage Raad Yail, Colorado 81657 97U-479-2138 F�.Y 970-479-?452 October 7, 2004 wwtiv.vailgov.com Coldwell Bankers Timberline c/o Reter Pappengelis 286 Bridge Street Vail, CO 81657 - Re: Treetops Commercial Building located at 450 East Lionshead Circle/Lat fi, Vail Lionshead Filing 1 Mr. Pappengelis, This letter is in response to your inquiry regarding the iocating of a Starbucks coffee shop in th� Treetops commercial building. The �roperty is lacated within the Lionshead Mixed Use-1 Zone District which does list eating and cfrinking estabkishments as a permitted use on the first floor or pedesfrian level, Se�tian 12-7H-3(B), Vail Town Code. An eating and drir�king establishment is required per Section 12-10-10(A), Vail Town Code, ta provide 1.0 parkrng space per each 250 square feet of seating floar area. You must derr�onstrate that the required artiount of parkir�g is available when submitting your application. An eating and dnnking establishment located in the Lions�ead [Vlixed Use-1 Zone District would be permi#teci a maximum of a six square foot sign prajecting or hangir�g sign. In addition there are opportunities for window signage which is permitted to be 15°!0 of the area in which the sign is placed. Please review the Sign Code, Chapter 11-6, Vail Town Code, for mare specifics on the signage requirements. A Design R�view applicatian must be submitted for a€� new signage and ar�y exterior changes to the building. Please find the Desrgn Review sign and exterior alteration applicatians attached. Camplete Design Review Applications can take a rnaximum of four weeks to proceed thtaugh the approval process if th�ey must go before the Design Review Baard for public review. Building Permits for any work inside or outside of#he structure must b� submitted after Design Review Appraval has been granted. Gurrently, it can take up to six weeks for building permits to be reviewed and issued. Please review these comrnents and if you hav� any questions regarding this letter please contact me �t 970-479-2148. With regards, ,. ����� ��� Warren Campbell Seniar Planner Cc: File ��IiIC'Y"CLED P.dPER ! • � . �O�VN QF VAI� ' ' De,partment of Comrrtunity I3evelopment 75 South Froi:tage Road Yail, Calorado 8165? 970-479-2138 FAX 970-479-2452 April 15, 2004 www.vailgov.com Fritzlen Pierce Architects Patrick F'artner 1650 East Vail Valiev Drive, Falfridge C-1 Vai�, CO 81657 Re: Treetops Condominiums exterior changes at 4�2 E. Lic�nshead CirclelLot 6, Block 1, Vail �ionshead F7ling 1 Mr. For#ner, This letter is to inform you that staff has reviewed your r�quest to change the 2x6 roug� sawn cedar trim around the windows with a cement fiber trim. In order to �roc�ed forward with this change staff wf�l need yo� to comp�ete a change to approved pians application prnposing the change. Incfuded with the application sho�ld be elevations of the building depicting where you prapose to place the cement fiber trim. Staff wFlf then be able to determine if the proposal can be staff approved, modified to be staff approved, ar wi9i neeti to go befare the Design Review Board. Please� review these comments and if yo� have any questions regarding this letter please contaet me at 479-2148. With regards, ��1�.tm V11arr�n Campbell Pianner II Cc: File I I *�RECY'Cf.EDPAPER