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Home My WebLink About2004-1011 PECPLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING .~ Monday, October i 1, 2QD4 ~J>~ t~ YAlI, ` PROJECT ORIENTATION -Community Development Dept. PUBLIC V"VELCOME 12:00 pm MEMBERS PRESENT Chas Bernhardt Doug Cahill Anne Gunivn Bill Dewitt Rollie Kjesbo George Lamb David Viele MEMBERS ABSENT' Site Visits: 1. Dantas Residence - 1936 West Gore Creek Drive 2. Sitzmark Lodge - 183 Gore Creek Drive 3. Vail Conference Center - 395 East Lionshead Circle Driver: Warren NOTE: If the PEC hearing extends until 6:09p.m., the Commission may break for dinner from 6:OQ- 6:3©p,m, . Public Hearing -Town Council Chambers 2:OU pm 1. A request for a site coverage variance, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a variance from Section i 2-6D-9, Site Coverage, Vail Town Code, to allow far site coverage in excess of 20%° of the tots{ site area, located at 1936 West Gore Creek Drive/Lot 46, Vail Village West J=fling 2, and setting forth details in regard thereto. Applicant: Michael R. Dantas represented by Mauriello Planning Group, Ltd. Planner. Elisabeth Eckel ACTION: Tabled to October 25, 2004 MOTION: Bernhardt SECOND: Lamb VOTE: 5-2-0 (I{jesbo and Dewitt opposed) Elisabeth gave a presentation per the staff memorandum. Dominic Mauriello, representing the applicant., gave a presentation regarding the proposal. The Commission made inquiries into whether or not the examples of previous variance approvals were on existing structures or for new construction. Mr. Mauriello stated that he did not know but he would guess most were granted for existing structures. David Viele stated that he was on the DRB when this project was approved and the applicant had ample knowledge and time to redesign the project so as to be in compliance. Commissioners Bernhardt, Dewitt, and Kjesbo agreed with David Viele. The applicant requested to tabie the proposal for the chance to dv further research regarding the background of other similarly granted variances. 2. An appeal of an administrative action denying a "business office" in a street bevel tenant space in the Sitzmark Lodge, pursuant to Section i2-7B-3, Permitted And Conditional Uses; First Floor Or Street Level, Vail Town Code, located at 183 Gore Creek DrivelLot A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Bob Fritch, represented by Jim Brandmeyer Planner: Warren Campbell ACTION: Overturn, with the finding that staff inaccurately interpreted the Cade MOTION: Viele SECOND: Gunion VOTE: 5-2-0 (Jewitt and Cahill opposed) Warren Campbell presented the proposal according to the memorandum. Jim Brandmeyer, the applicant's representative and executive director of the Betty Ford Alpine Gardens, explained the background of the request. He mentioned that it was natural to request that at least some of a retail space be used for office purposes. Jim Lamont, representing Vail Village Homeowners, asked about the number of instances in which the percentage of retail vs. office space within a building had been an issue. Russ Forrest answered that this was a rare discussion and that the most similar issue was related to ski storage within a retail space. Gwen Scalpello, operations manager far the gift chap, stated that it was unfortunate that the application was being presented as an application for an office, instead of far a retail space. She stressed that the proposal could create a successful and beautiful shop. Dean Hall, Vail homeowner and board member of the Betty Ford Alpine Gardens, verified that the primary interest of the new space would be to earn money far the Gardens. He stressed the importance of earned income for museums, gardens, and zoos. Amy Phillips, first a volunteer and then a member of the board of directors for the Gardens spoke about the severe financial fundraising challenges that once existed for the Gardens. Bill Jewitt s#ated that many aspects of the proposal would obviously be of great benefit to the community, but that the request did not fit in with the horizontal zoning that is regulated by the Town. Rollie Kjesba asked how the increase from 35% to 75% retail space came about from the applicant. The applicant responded that the request was modified and submitted as a request for minimal office space needed. George Lamb stated that much of the proposal was subject to interpretation and asked why the amount of retail in alf offices wasn't being encouraged to expand. Russ Forrest agreed that the Gardens had an incredibly good impact within the Tawn of Vail. Anne Gunion stated that the proposal did not fit the definition of office and therefore was retail under the Cade. Additionally, she mentioned that a gift shop was a permitted use on the ground floor in that area; therefore there was no ground for not allowing the use as proposed. David Viele agreed with Ms. Gunion and stated that the business environment within the village had changed enough to warrant a change in the code, which was written in the mid 70's. Chas Bernhardt stated that the success of Vail was based on Ordinance No. 15. He felt most strongly that the entire storefront was used as retail space. Doug Cahill finished by saying that the space proposed was more office than retail space, according to the code. He preferred to see this use defined in the code as a public benefit for the community. He stated that he could not vote any particular way without a definition for office space. 3. A request for a recommendation to the Vail Town Council of a proposed text amendment to Section 12-7H-3, Permitted and Conditional Uses, first floor ar street level, and Section 12-71-3, Permitted and Conditional Uses, first floor street Level, Vail Tawn Code, to allow for temporary business offices as conditional uses in the Lionshead Mixed Use I & II zone districts, and setting forth details in regard thereto. Applicant: Vail Resorts, Inc., represented by Braun Associates, Inc. Planner: George Ruttier ACTION: Approved with listed condition and additional condition of sunset clause MOTION: Kjesbo SECOND: Viele VOTE: 4-1-2 (Jewitt opposed, Gunion absent and Lamb recused for passible conflict of interest} Russ Forrest introduced the project according to the memorandum. Tom Braun, the applicant's representative, stated that much space was occupied by mountain operations personnel that need to stay in the Vail area. He mentioned that a key element of the proposed amendment was the "sunset provision"', that would guarantee the end of this use after 2 years. He also mentioned that the reason for this proposal was because the use was going to be displaced only because of the redevelopment. He distributed a memorandum with the language that he would like to have presented to the Tawn Council. Bill Jewitt asked how many square feet would likely be displaced from the redevelopment. Mr. Braun said that about 14,000 square fleet would need to be accommodated somewhere close. Jay Peterson mentioned that second floor space anywhere in Lionshead would be preferred and that many other locations had been researched. Jim Lamont, Vail Village Homeowners, mentioned that a Iot of maneuvering would be occurring in the Lionshead area with the onset of construction and renovation of the area. He continued, to say that every effort should be made to maintain retail offices in the Lionshead area; even real estate offices should be able to move into a retail space, provided that the office was associated with the area being redeveloped. Tom Braun again clarified that the displacement was occurring due to the onset of re- development in the Lionshead area. Chas Bernhardt expressed concern about the timing of the North Day Lot's completion and other simultaneous development. Much was said regarding the prompt vacation of these uses from their proposed locations following the completion of the Lionshead Core Site. 4. An appeal of an administrative action denying a request to "sell skier parking passes"on Level 3, Cascade Village Parking Structure, Development Area A, Special Development District No. 4, pursuant to the parking provisions prescribed in Ordinance No. 41, Series of 1991, located at 1000 South Frontage Road, #JNail Cascade Village, and setting forth details in regard thereto. Applicant: Vail Parking LLC, represented by Robert W. Oliva Planner: George Ruttier ACTION: Tabled to October 25, 2004 MOTION: Jewitt SECOND: Kjesbo VOTE: 4-0-0 (Viele absent henceforth) 5. A request for final review of a major subdivision, pursuant to Chapter 13-3, Subdivision Regulations, Vail Town Code, to allow for the creation of the Lionshead Sixth Filing subdivision, a resubdivision of Lot 4, Block 1, Tract D, Tract H, and a Part of Tract C, VaillLionshead First Filing and a resubdivision of Lot 2, Block 1, Tract H, Tract G, and a Park of Tract C, Vail/Lionshead Third Filing, Town of Vail, County of !Eagle, State of Colorado, located at 67a Lionshead Place (a complete legal description is available for inspection at the Town of Vail Community Development Department upon request}. Planner: George Ruttier ACTION: Tabled to October 25, 2404 MOTION: Jewitt SECOND: Kjesbo VOTE: 4-U-0 6. A request for a recommendation to the Vail Town Council on a proposal to establish Special Development District No. 39, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for the redevelopment of Crossroads, a mixed use development; a request far a text amendment to Section 12-2-2, Definitions, Vail Town Cade, pursuant to Section 12-3- 7, Amendment, to add a definition for bowling alley; a request for a text amendment to Section 12-7E-4, Conditional Uses, Vail Town Code, pursuant to Section 12-3-7, Amendment, to add bowling alleys as a conditional use; and requests for conditional use permits to allow for the construction of an outdoor operation of the accessory uses as set forth in Section 12-7E-5 (ice skating rink); a major arcade to include indoor entertainment; a theater, meeting rooms, and convention facilities; multiple-family dwellings and lodges; and a private club to allow for the establishment of a for sale parking club, pursuant to Section 12-7E-4, Vail Town Code, located at 141 and 143 Meadow DrivelLot P, Block 5D, Vail Village Filing i, and setting #orth details in regard thereto. Applicant: Crossroads East One, LLC, represented by Mauriello Planning Group Planner: Warren Campbell ACTION: Tabled t© October 25, 2004 MOTION: Jewitt SECOND: Kjesbo VOTE: 4-0-0 7. A request for a final review of a major amendment to a special development district (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to SDD ##6, Vail Village Inn, to allow for the conversion of existing common area to new gross residential floor area (GRFA), located at 68 East Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Carlos Rojas Planner: Matt Gennett Withdrawn 8. A request #ar a worksession to present site plan alternatives for the proposed VaW Gonference Center, located at 395 East Lionshead Circle/Lot 1, Block 2, Vail Lianshead Filing 1, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Russ Forrest Withdrawn 9. Approval of Minutes -- Meetings of 9113 and 9/27 ACTION: Approved MOTION: Kjesbo SECOND: Jewitt VOTE:3-1-0 10. Information Update: nothing to report 11. Adjournment MOTION: Jewitt SECOND: Bernhardt VOTE: 4-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call {970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information.. Community Development Department Published, October 8, 2004 in the Vail Daily. • PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING . ~~ Monday, C~ctaber 1 t , 2004 7ClIY;4 ~' f'~ ` ` PROJECT ORIENTATION -Community Development Dept. PUBLIC WELCOME MEIVIBERS PRESENT MEMBERS ABSENT Site Visits: 1. Dantas Residence - 1936 West Gore Creek Drive 2. Sitzmark Lodge - t83 Gore Creek Drive 3. Vail Conference Center - 395 East Lionshead Circle Driver: Warren PUEl.lSk9~D 12:QQ pm NOTE: If the PEC hearing extends until 6:OOp.rn., the Commission may break fior dinner from +6:00- 6:30p.m. Public Hearing -Town Council Chambers 2:00 pm 1. A request far a site coverage variance, pursuan# to Chapter 12-17, Variances, Vail Tawn Code, to allow for a variance from Section t 2-6D-9, Site Coverage, Vail Town Code, to allow for site coverage in excess of 20% of the tata! site area, located at 1936 West Gore Creek Drive/Lot 46, Vail Village West Filing ~, and setting forth details in regard thereto. Applicant: Michael R. Dantas represented by Mauriello Planning Group, Ltd.. Planner: Elisabeth Eckel ACTION: MOTION: SECOND: VOTE: 2. An appeal of an administrative action denying a "business office" in a street level tenant space in the Sitzmark Lodge, pursuant to Section ~ 2-76-3, Permitted And Conditional Uses; First FloaE Or Street Level, Vail Town Code, located at 183 Gore Creek Drive/Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Bob Fritch, represented by Jim Brandmeyer Planner: Warren Campbell , ACTION: MOTION: SECOND: VOTE: 3. A request for a recommendation to the Vail Town Council of a proposed text amendment to Section 12-7H-3, Permitted and Conditional Uses, first floor or street level, and Section 12-71-3, Permitted and Conditional Uses, first floor street level, Vail Town Cade, to allow for temporary business offices as conditional uses in the Lionshead Mixed Use I & II zone districts, and setting forth details in regard thereto. Applicant: Vail Resorts, Inc., represented by Braun Associates, Inc. Planner: George Rather ACTION; MOTION: SECOND: VOTE: 4. A request for a worksession to present site plan alternatives for the proposed Vail Conference Center, located at 395 East Lionshead CirclelLot 1, Black 2, Vail Lionshead Filing 1, and setting forth details in regard thereto., Applicant: Town of Vail Planner: Russ Forrest ACTION: MOTION: SECOND: VOTE: 5. An appeal of an administrative action denying a request to "sell skier parking passes" on Level 3, Cascade Village Parking Structure, ^evelopment Area A, Special Development District No. 4, pursuant to the parking provisions prescribed in Ordinance No. 41, Series of 1991, located at 100Q South Frontage Road, #3Nail Cascade Village, and setting forth details in regard thereto. Applicant: Vail Parking LLC, represented by Robert W. Oliva Planner: George Ruttier ACTION: Tabled to October 25, 2404 MOTION: SECOND: VOTE: 6. A request for final review of a major subdivision, pursuant to Chapter 13-3, Subdivision Regulations, Vail Town Gode, to allow for the creation of the Lionshead Sixth Filing subdivision, a resubdivision of Lot 4, Block 1, Tract D, Tract H, and a Part of Tract C, Vail/Lionshead First Filing and a resubdivision of Lot 2, Block 1, Tract H, Tract G, and a Part of Tract C, Vail/Lionshead Third Filing, Town of Vail, County of Eagle, State of Colorado, located at 675 Lionshead Place (a cornpfete legal description is available for inspection at the Town of Vail Community Development Department upon request). Planner: George Ruttier ACTION: Tabled to October 25, 2x04 MOTION: SECOND: VOTE: 7. A request for a recommendation to the Vail Town Council on a proposal to establish Special Development District No. 39, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for the redevelopment of Crossroads, a mixed use development; a request for a text amendment to Section 12-2-2, Definitions, Vail Town Code, pursuant to Section 12-3- 7, Amendment, to add a definition for bowling alley; a request for a text amendment to Section 12-7E-4, Conditional Uses, Vail Town Code, pursuant to Section 12-3-7, Amendment, to add bowling alleys as a conditional use; and requests for conditional use permits to allow tar the construction of an outdoor operation of the accessory uses as set forth in Section 12-7E-5.(ice skating rink}; a major arcade to include indoor entertainment; a theater, meeting rooms, and convention facilities; multiple-family dwellings and 9odges; and a private club to allow for the establishment of a for sale parking club, pursuant to Section 12-7E-4, Vail Town Gode, located at 141 and 143 Meadow DrivelLot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Crossroads East One, LLC, represented by Mauriello Planning Group Planner: Warren Campbell ACTION: Tabled to October 25, 2004 MOTION: SECOND: VOTE: $. A request for a final review of a major amendment to a special development district (SDD}, pursuant to Section 12-9A-14, Amendment Procedures, Vail Town Code, to allow for an amendment to SDD #6, Vail Village Inn, to allow for the conversion of existing common area to new gross residential floor area (GRFA), located at 68 East Meadow DrivelLot ©, Block 5D, Vail Village 1=fling 1, and setting forth details in regard thereto. Applicant: Carlos Rojas Planner: Matt Gennett Withdrawn 9. Approval of Minutes -Meetings of 9113 and 9127 MOTION: SECOND: VOT>=: ~ 0. Information Update: # 1. Adjournment MOTION: SECOND: VOTE: The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Gammunity Deveioprnent Department. Please call (97fl} 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (97fl} 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published, October 8, 2004 in the Vail Daily. • THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEf~ that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12-3-6, Vail Town Code, on October 11, 2004, at 2:40 PM in the Town of Vail Municipal Building, in consideration af: A request for a site coverage variance, pursuant to Chapter 12-17, Variances, Vai! Town Cade, to allow for a variance from Section 12-fiD-9, Site Coverage, Vail Town Code, to allow for site coverage in excess of 20% of the total site area, loco#ed at 1936 West Gore Creek Drive/Lot 46, Vail Village West Filing 2, and setting forth details in regard thereto. Applicant: Michael R. Dantas represented by Mauriello Planning Group, Ltd,. Planner. Elisabeth Eckel An appeal of an administrative action denying a request fora "business office"on the first floor or street level of the Sitzmark Lodge, pursuant to Section 12-78-3, Permitted And Conditional Uses; First Floor Or Street Level, Vail Town Code, located at 183 Gore Creek DriveJLot A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. Appfcant: Bob Fritch, representing Jim Brandmeyer Planner: Warren Campbell A request for a recommendation to the Vail Tawn Council of a proposed text amendment to Sec#ion 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level, and Section 12-71- 3, Permitted and Conditional Uses; First Floor Street Level, Vail Town Code, to add "temporary business offices"as a conditional use in the Lionshead Mixed Use 1 & 2 zone districts, and setting forth details in regard thereto. Applicant: Tom Braun, representing Vail Resorts, Inc. Planner: George Ruttier A request for a worksession to present various site plan alternatives for the proposed Vail Conference Center, located at 395 East Lionshead CirclelLot 1, Block 2, Vall Lionshead Filing 1, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Russ Forrest An appeal of an administrative action denying a request to "sell skier parking passes"on Level 3, Cascade Village Parking Structure, Development Area A, Special Development District No. 4, pursuant to the parking provisions prescribed in Ordinance No. 41, Series of 1991, located at 1000 South Frontage Raad, #3Nail Cascade Village, and setting forth details in regard thereto. Applicant: Vail Parking LLC, represented by Robert W. Oliva Planner: George Rather ~~°~" The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970} 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call ri970~ 479-2356, Telephone for the Hearing Impaired, for information, ~. ~I~' YAIL ` Published, September 24, 2004, in the Vail Daily. MEMORAN©UM TO; Planning and Environmental Commission FROM: Community Development Department DATE: October 11, 2004 SUBJECT: A request for a site coverage varianc@, pursuant to Chapter 3 2-1 ~, Variances, Vail Town Code, to allow for a variance from Section 12-OD-9, Site Coverage,. Vail Town Cade, to allow for site coverage in excess of 20% of the total site area, located at 1930 West Gore Creek DrivelLot 46, Vail Village West Filing 2, and setting forth details in regard thereto. Applicant: Michael R. Dantas, represented by Maurello Planning Group, Ltd, Planner: Elisabeth EckeE I. SUMMARY The applicant, Michael Dantas, is requesting a variance from Section 3 2-OD-9, Site Coverage, Vail Town Code, to allow for site coverage in excess of 20°!° of the total site area, located at 3936 West Gore Greek DrivefLot 46, Vail Village West Filing 2. The requested variance is the result of a proposal to cover the exterior entryway to the residence, which is currently undergoing the preliminary stages ofconstruction on anon-conforming 9,933 square foot lot. Staff is recommending denial of the requested variance because a practical difficulty or hardship does not exist and approval of the variance would constitute a granting of special privilege to this property owner. II. l:1ESCRIPTION OF REQUEST The applicant is requesting a site coverage variance in order to enclose the entryway to his residence, which is currently under construction in West Vail. The lot is zoned Primaryl5econdary and the allowable site coverage of 20% in that district would be exceeded, through the granting of the requested variance, by 3.1%, or 312 square feet. The applicant believes that a hardship exists due to the small size of the non- conforming 9,931 square foot lot. A vicinity map depicting the location of the residence is attached for reference (attachment A). Reduced copies of the proposed site pion and elevations are attached far reference (attachment B) as is the written request from the applicant's representative (attachment C) and the public notice that preceded the request (attachment D). all. BACKGROUND The subject property is located at 1936 West Gore Creek Drive. The subdivision in which the subject property is located was originally subdivided in Eagle County in 1965. The area was annexed into the Town in the early 1980's, de-annexed in 1985, then re-annexed into the Town in 1988, at which time the lot in question became non-conforming, duo to its total size 1 if TUWP! OF 9A[l of less than 15,000 square feet. In 1990, the property owner received approval of a minor subdivision for the creation of one lot, which erased the lot line between Lots 46 and 47 and thus brought the lot into conformance with the minimum lot size requirements. However, on June 28, 2x01, the Planning and Environmental Commission approved another minor subdivision and a variance from the minimum lot size requirements for the re-creation of two separate [ots, Lot 46 and Lot 47. The most recent subdivision left Lot 46 as it is currently sized, .22$ acres, or 9,931 square feet.. The final plans for the new single-family residence were approved on April 7, 2004 by the Design Review Board with a vote of 4-0 and a condition involving the submission of accurate floor plans to the Community Development Department prior to application for a building permit. lV. ROLES OF REVIEWING BODIES The PEC is responsible for evaluating a nronosal for: Action: The PEC is responsible far final appravaltdenlal of a variance. The PEC is responsible for evaluating a proposal for; 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2, The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this Title without grant of special privilege. 3. The effect of the requested variance on, light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. Design Review Board: Action: The DR8 has no review authority on a variance, but must review any accompanying DRB application. Town Council:. Actions of the Design Review Board or the Planning and Environmental Commission maybe appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the ORB or PEC erred with approvals or denials, and may uphold, uphold with modifications, or overturn the Board's decision. Staff: The stafif is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations, The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff 2 • evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, ar denial. Staff also faciiitates the review process. V. APPLICABLE PLANNING []C}CUMENTS Zoning Reguiati©ns Section 72-2 Definifians SITE COVERAGE: The ratio of the tofa! building area on a site to the totaf area of a site, expressed as a percentage. For the purpose of calculating site coverage, "building area" shall mean the total horizontal area of any building, carport, parte cochere, arcade, and covered or roofed walkway as measured from the exterior face of perimeter walls or supporting columns above grade or at ground level, whichever is the greater area. For the purposes of this definition, a balcony ar deck pralecting from a higher elevation may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcort ,deck or walkway. In addition to the above, building area shall also include any pardon of a roof overhang, eaves, or covered stair, covered deck, covered porch, covered terrace arcovered patio that extends more than four feet (4) from the exterior face of the perimeter building walls or supporting columns. Section 72-6D-9 Primary/Secondary [7isfrict (in part,? 12-+~D-S: LOT AREA ANQ SITE DIMENSIONS: The minimum lot or site area shall be fifteen thousand (15,000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30'}. Each site steal! be of a size and shape capable of enclosing a square area, eighty feet (80') on each side, within its boundaries. (Ord. 12{'1978) § 3: Ord. 30(1970 § 2) 12-6D-9: SITE COVERAGE: Site coverage shall not exceed twenty percent (20%) of the total site area. (Ord 41(1990) § 5: Ord. 30(1977) § 2) Section 12-i7 Variances (in part) 12-17-1: PURPOSE: A. Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict ar literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physica! hardship may result from the size, shape, or dimensions of a site ar the location of existing structures thereon; from topographic or physica! conditions on the site or in the immediate vicinity; ar from other physical limitations, street locations ar conditions in the immediate vicinity. Cost ar inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. 12-17-5: PLANNING ANO ENVIRONMENTAL COMMISSION ACTI~DIV: Within twenty (20) days of the closing of a public hearing on a variance application, the planning and environmental commission shall act on the application. The commission may 3 approve the application as submitted or may approve the application subject to such modifications or conditions as it deems necessary to accomplish the purposes of this title, or the commission may deny the application. A variance may be revocable, may be granted for a limited time period, or may be granted subject to such other conditions as the commission may prescribe. l2-17-7: PERMITAPPRC7VAL AIVD EFFECT: Approval of the variance shall lapse and become void r'fa building permitis not obtainedand construction not commenced and diligently pursued toward completion within two (2) years from when the approval becomes final. VI. ZONING ANALYSIS Zoning: Twa-Famiiy Primary/Secondary Qevelot~ment Standard AllowedlReauired Existing (approved) ProQOSed Lot Area: 9,931 sq. ft. 9,931 sq. ft. no change Setbacks: Front:. 20 ft. no change no change Sides: 15 ft. no change no change Rear; 15 ft. no change no change Quilling Height: 33' 32' no change Site Coverage: 1,986.34 sq. ft.(20% } 1,986.34 sq. ft. (20%)2,301 sq. ft. (23.1%} Landscape Area: 5,966.85 sq. fit. (60% } 6,298 sq. fit. (63.3°l°y no change Parking: 3 spaces 3 spaces 3 spaces VII. SURROUNDING LAND USES AND ZONING Land Use Zonina North: Residential Primary/Secondary South: Residential Eagle County Jurisdiction East: Residential Primary/Secondary West: Residential Eagle County Jurisdiction Vlll. CRITERIA AND FINDINGS A. Consideration of Factors Reaardina the Site Goveraae Variance: • t . The relationship of the requested variance to other existing or potential uses and structures in the vicinity. According to the Town's records, the average lot size of surrounding 4 • homes in the Vail Village West 2"d Filing is 12,000 square feet, yet many owners have managed to design their structures to comply with. the 20% site coverage requirement that exists for residences within the PrimaryfSecondary zoning district. 2. The degree to which relief from the strict and literal Pnterpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant. of special privilege. In spite of its non-conforming size, Lot 4fi complies with the site dimension requirement of the Vail Town Cade, Section 12-!6D-~, which states that "each site shah be of a size and shape capable of enclosing a square area, eighty fee[ on each side within its boundaries': Therefore, staff believes that since the residence was originally designed to comply with the site coverage standard for its lot, that standard should be maintained. A variance from the Planning and Environmental Commission would be viewed by staff as the grant of a special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. The above item is irrelevant to the applicant°s request. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. S. The P1annina and Environmental Commission shall make the fallowing findings before arantina a variance; That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted far one or more of the following reasons: a. The strict literal interpretation or enforcement of the specifed regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. IX. STAFF RECOMMENDATI(aN The Community Development Department recommends denial of the request for a variance from Section 12-6D-9, Site Coverage, to allow for 23.1 °f° site coverage at 1936 West Gore Creek Drive, Lot 4filVail Village 2"d Filing. Staff's recommendation is based upon the review of the criteria in Section Vlll of this memorandum and the evidence and testimony presented. Should the Planning and Fnvironmentai Commission choose to deny this variance, the Community Development Department recommends that the following findings be made: a} That the granting of the variance will constitute a granting of special privilege inconsistent with the limitations on other properties classified in the same district. b) That the granting of the variance will be detrimental to the public health, safety, or welfare, ar materially injurious to properties or improvements in the vicinity. c} The strict literal interpretation ar enforcement of the specified regulation does not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. d} The strict interpretation ar enforcement of the specified regulation does not deprive the applicant of privileges enjoyed by the owners of other properties in the same district, X. ATTACHMENTS A. Vicinity Map B. Reduced Plans C. Applicant's Request D. 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Ilf . `. „ , ~ I ~ 1 ~~ ' ~ ~ f f d ~'P d Fr- • • r~ ~~ti-s~o~ ~~ 1~.-cr~bw ~ra1 ~, >~ od lGe9 714'1 '4 fem4filH h6bgF -~,~~ "dote u6isap ddur • P Dantas Residence Site Coverage Variance Application Owner: Michael Dantas March 22, 2004 T I~~~~~ MauricF[o Planning Group Attachment C • Introducti©n and Summary of ReQuest The owner of this lot ~s req;uest a site coverage variance to allow an open covered entry feature an a new home, whEch causes the home to be over the allowable site coverage of 20% by ~ f 2 scf, ft. or 3, I %. The [ot is located on West Gore Creek Drive in the Matterhorn area, The lot rs only 9,9}4.75 sg. ft. in size, which makes ~t d~ff~cult to design and build a livable single- fam~ly home w3th~n the 20% site coverage I~m~tat~on. The applicant is able to have all living areas w7th~n the Name comply with the site coverage hmitat~on. however, the open-air covered entry to the home. which ~s considered sate coverage, causes the home to be over the 20% I~m~tat~on. Interestingly enough, according to Mown Code, ,f the applicant were building a waterproof deck over the entry instead of a "roof form," no variance would be necessary, as decks are not considered site coverage. A deck ~n this area ~s not architecture feasible nor does ~t make aesthetic sE:nse. The applicant believes that there is a leg~t~mate hardship on this lot due to the small size of the lot, the fact that a deck would be allowed which creates the same impact as a roof form, and due to the precedent established with s~m~lar site coverage variances approved by the Planning and Environmental Commission. • II. Precedent Setting Variance Appra~vals There has been several site coverage variances approved by the Planning and Environmental Commission ~n the past for homes on 5maff nonconforming lots. We bei,eve that these approvals have set precedent for car:5ider~ng small lot size as a hardship. The follo~.v~ng as a I~st of a few examples of site coverage variances approved by the P>=C: • 5~te Coverage Variance -Lot 8, 61ock t ,Vail Village &`h Filing Thes variance was granted by the PFC despbte Town Staff's recommendation for denial. The lot ~s 8,934 sg. ft. and a variance was granted to allow add~t~onal living area. at a total site coverage of 2 t .7%. In approving the site coverage variance, some members of the PEC stated the following: © John 5chof~eld: "the size of the lot, beincJ nonconforming, could be considered a factor in granting the variance." o John 5chof~eld: "the steep slopes and the small lot size would overcome special prw~lege." o Galen Aasland: "th7s would not be a special privilege, due to the fact that the lot is nonconforming with respect to size." • []antes ~.e57dence P,~aurEello Flann~ng Group, LAG • • S+te Coverage Var+ance -Lot 5, Block 5E, Va+i Das Schone f st P+I+ng Th+s variance was granted by the PEC to allow s+te cGVerage. of 23.9%. Thal +s a nanconform,ng lot of I ! ,242 sq. ft. • S+te Coverage Var+ance -Lot 8, Block 8, Va+l Intermouctta+n The PEC apps©ved th+s s+te coverage var+ance desp+te the Town Staff's recommendat+on of den+al to allow an add+t+onal 3.56% of s+te coverage. Th+s +s a nanconforrnsng lot of 8,058 scf. ft. • Sete Coverage Var+ance -Lot 3, Block D, Va+l Das Schone I st F+I+ng The PEC approved th+s s+te coverage var+ance desp+te the Town Staff's recommendat+on of den+al to allow 22% of srte coverage. Th+s +s a nonconfarmang Iat of i 0,7 ! 5 Sq. ft. • Site Coverage Uar+ance - Lat I ,Block I , Va+l V+Ilage 8t'' P+I+ng This lot was granted a variance to aElaw site coverage at 23.7% due to a small lot sine of 9,322 s.f. • Site Coverage ~/ar~ance - I_ot 19, BEack A, Vail Das 5ehane 1St F+I+ng The PEC approved a site coverage var+ance to allow 2 f .3°Io of s+te coverage on th+s nanconr`orming lot. Ilf. Zoning Analysis Zoning: PIS Two-Pam~ly Res~dent~al DY5trIGt Lot Size: 9,944.75 sq. ft. Standard GRFA: Building I~e~ght: Site Coverage: Landscape ng: Allowed) Required 2,9 ! I . 19 sq. ft. 33' Proposed 2,889 sq. ft. 32' 2,30 [ sa+. ft. (23. I %) 6, 298 sq. ft. (~3.3%) • Daratas Residence ~ Mauneflc~ Planrnne~ Group, LLC IV, Approval C~iter~a The relat+onsh+p of the requested var+ance to other ex+st+ng or potential uses and structures +n the v+cin+ty. Cur Anahfs+s: The proposed variance w+li allow the constructeon of a covered entryway. The ne+ghborhood was annexed to the Town of Va+I +n the 1970's and made nonconform+nou w+th respect to lot s+ze. The appl+cant +s be+ng svb~ected to a hardsh+p due to the small lot size mak+ng +t d+fficult to construct w+th+n the 20`~l0 s+te coverage I+m~tat+on. The proposed variance w+l! allow the proposed home to be developed s+m+lar to ether homes throughout the Town that have small nonconformWng lot sizes. 2. The degree to wh+ch rei+ef from the strict or I+teral ,nterpretat+on and enforcement of a spec+fied regvlat+on +s necessary to achieve compat+b+I+ty and.. urnform+ty of treatment among s+tes +n the v+c+n+ty, or to atta+n the object+ves of th+s t+tie w+thout grant of special pr+v+lege. Our Analvs+s: The Pf=C has found ,n the past that small nonconformkng lot sizes present"a hards'nip to development and have therefore approved site coverage var+ances on noncanform,ng lets throughout the Town of Va,l, The proposed variance w+ll allow this lot to be treated s+milariy to others within the Tawn of Va+l that either ex+st with site coverage rn excess of 20°10 or were granted variances to allow homes rn excess of the 20°1o I~m~tat~on. Therefore t'ne site coverage variance for the entry enclosure ~s not a grant of special privilege and allows the Town of Va+l ach+eve uniformity of treatment. 3. The effect of the requested var+ance on light and air, distribut+on of population, transportation and traffic fac~f~ties, public facilities and utilities, and public safety. Ou^ Analysis: The proposed variance For an open-air covered entry feature has little, if any, effect on the above i~sted issues. • Qantas Residence ~ r,~auriello Plamm~c~ Group, LLC Attachment d THIS ITEM MAY AFFECT YOUR PROPERTY _~ PUBLIC NOTICE ~~~~~~. NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12-3-6, Vail Tawn Code, an October 11, 2004, at 2:00 PM in the Town of Vai! Municipal Building, in consideration of: A request for a site coverage variance, pursuant to Chapter 12-17, Variances, Vail Town Cade, to allow for a variance from Section 12-~iD-9, Site Coverage, Vail Tawn Code, to allow for site coverage in excess of 20% of the total site area, located at 193fi West Gore Creek Drive/Lot 46, Vail Village West Filing 2, and setting forth details in regard thereto. Applicant; Michael R. Dantas represented by Mauriella Planning Group, Ltd.. Planner; Elisabeth Eckel An appeal of an administrative action denying a request fora "business office"on the first floor or street level of the Sitzmark Lodge, pursuant to Section 12-78-3, Permitted And Conditional Uses; First Floor Qr Street Level, Vail Town Code, located at 183 Gore Creek DrivelLot A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Bob Fritch, representing Jim Brandmeyer Planner: Warren Campbell A request far a recommendation to the Vail Town Council of a proposed text amendment to Section 12-7H-3, Permitted and Conditional Uses, First Floor ar Street Level, and Section 12-71- 3, Permitted and Conditional Uses; First Floor Street Level, Vail Town Code, to add 'temporary business offices"as a conditional use in the Lianshead Mixed Use 1 & 2 zone districts, and setting forth details in regard thereto. Applicant: Tom Braun, representing Vail Resorts, Inc. Planner: George Ruther A request for a worksessian to present various site plan alternatives for the proposed Vail Conference Cen#er, located at 390 East Lionshead CirclelLot 1, Block 2, Vail Lianshead Filing 1, and setting forth details in regard thereto. Applicant; Town of Vaii Planner: Russ Forrest An appeal of an administrative action denying a request to "sell skier parking passes" on Level 3, Cascade Village Parking Structure, Development Area A, Special Development District No. 4, pursuant to the parking provisions prescribed in Ordinance No. 41, Series of 1991, located at 1000 South Frontage Road, #3Nail Cascade Village, and setting forth details in regard thereto. Applicant: Vail Parking LLC, represented by Robert W. ©liva Planner: George Ruther The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Tawn of Vail Community Development Department. Please calf ~9~0} 479-2138 far additional information. Sign language interpretation is available upon request with 24-hour nvtifiication. Please call (970} 479-236, Telephone for the Hearing Impaired, for information. Published, September 24, 2004, in the Vail Daily. MEMORANL7UIVI TO: Planning and Environmental Commission FROM; Qepartment of Community Development DATE: October 11, 2x04 SUBJECT: An appeal of an administrative action denying a request fora "business office"on the first floor or street level of the Sitzmark Lodge, pursuant to Section 12-7B-3, Permitted And Conditional Uses; First Flour Or Street Level, 'Jail Town Code, located at 183 Gore Creek DrivelLot A, Block 5B, Vail Village 1=ding 1, and setting forth details in regard thereto. Applicant: Bob Fritch, represented by Jim Brandmeyer Planner: Warren Campbell I. SUBJECT PROPERTY The subject property is a Commercial Core 1 zoned property located at 183 Gore Creek Drive (Sitzmark Lodge)1 Lot A, Block 5B, Vail Village Filing 1 (Attachment A). The appellant is proposing to locate the business offices of the Betty Ford Alpine Gardens on the "Firsf Flvar or Street Level" on the Gore Creek Promenade frontage of the Sitzmark Lodge. A map identifying the retail space and the proposed floor plan is attached for reference (Attachment B). It. STANDING OF APPELLANT The appellant, Bub Fritch, represented by Jim Brandmeyer, has standing fo file an appeaP as the property owner. III. REQUIRED ACTIOhI The Planning and Environmental Commission shall uphold, overturn, or modify the administrative denial of a request fora "business office" on the first floor or street lave! of the Sitzmark Lodge, pursuant to Section 12~7B-3, Permitted And Conditional Uses; First Floor Dr Street Level, Vail Town Code located at 183 Gore Creek Drive (Sitzmark Lodge)/ Lot A, Block 56, Vail Village Filing 1 Pursuant to Section 12-3-3-B5, Findings, Vail Town Code, the Planning and Environmental Commission is required to make findings of fact in accordance with the Vail Town Code: "The planning and environmental commission (or the design review board in the case of design guidelines) shall an all appeals make specific findings of fact based directly can the particular evidence presented to it. These findings of fact mast support conclusions that the standards and conditions imposed by the requirements of this title have or have nut been met." IV. BACKGROUND On August 3, 2044, the administrator (staffs responded in writing to the appellant that a request to convert the retail space currently occupied by Gore Creek illy Fishermen, located at 183 Gore Creek Drive (Sitzmark Lodge}1Lot A, Block 5B, Vail Village Filing 1, to the new business offices far the Betty Ford Alpine Gardens must be denied as the request did not meet the requirements of the Code. ]n that fetter staff responded to a proposal to establish the retail space with approximately 35% (552 square fleet} of the space devoted to retail use and 65% (1,020 square feet} of the space devoted to business office use. On August 25, 2004, the administrator (staff} again responded in writing to the appellant that anew proposal to convert the retail space currently occupied by Gore Greek Fly Fishermen, located at 183 Gore Greek Drive (Sitzmark Lodge}ILot A, Block 5B, Vail Village Filing 7, to the new business offices for the Betty Ford Alpine Gardens must be denied as the request did not meet the requirements of the Code. In that letter staff responded to a proposal to establish the retail space with approximately 75°!° (1,175 square feet) of the space devoted to retail use and 25% (397 square feet) of the space devoted to business office use. In bath letters to the appellant staff identified that the Vail Town Code requires retail spaces an the first level or street level of a building to have retail uses occupy them per Section 12- 78-3, Permitted And Conditional Uses; First Floor Or Street Level, Vail Town Code_ In responding to the request to locate the business offices of the Betty Ford Alpine Gardens staff identified that there is currently no definition for retail spaces in the Vail Town Code. Staff determined that in order for a use to be considered "retail" it must have 90% of the total area of a tenant space utilized as sales area and 10% devoted to office space and storage which is the inverse of the space requirements for uses identified as "Business Office". Staff believes that the definition above is supported by the need to create vitality and' life along pedestrianways and to generate revenue through sales tax. Copies of the letters dated August 3 and 25, 2004, are attached for reference {Attachment G}. V. On September 2, 2004, the appellant filed an appeals form appealing the administrative action denying the location of the Betty Ford Alpine Garden offices on the "First Floor or Sfreef Level" of the Sitzmark Lodge. The appeals form and letter from the appellant are included for reference Attachments D}. APPLICABLE F~EGIlLATIONS flF THE TOWN CEDE Town of Vail Zoning Code 12-2-2: Definitions (in part): OFFICE, BUSINESS: An office for the conduct of general business and service activities, such as offices of real estate or insurance agents, brokers, secretarial or stenographic services, or offices for general business activities and transactions, where storage, sale, yr display of merchandise on the premises occupies less than fen percent (9m%) of the fi'oor area. 92-3-3: Appeals (in part): A. Adminisfrafive Actions: Any decision, determination or inferpretation by any fown administrative officio! with respect fo the provisions of this tifie and the standard's and procedures hereinafter sef forth shall become final at the nexf planning grad environmental commission meefing (or in the case of design related decision, the next design review board meeting) following the adminisfrator's decision, unless the decision is called up and rraodified by fhe board or commission. • 2 8. Appeal Of Adminisfrative Acfions: 7. Authority: The planning and environmenfal commission shall have the authority to hear and decide appeals from any decision, determination or interpretation by any town administrative official with respect to fhe provisions of this fitle and the standards and procedures hereinafterset forth, except that appeals afany decision, determination or interpretation by any town administrative officio! with regard to a design guideline shall be hearaf 6y the design review board. 4. Bffect Of Filing An Appeal: The filing of a notice of appeal shall stay all permit activity and any proceedings in furtherance of the action appealed unless fhe administrative official rendering such decision, deferminafion or interpretation certifies in writing to the planning and environmental commission (or the design review board in the case of design guidelines) and fhe appellant fhat a stayposes an imminent peril fo life or property, in which case the appeal shall not stay further permit activity and any proceedings. The commission (or board) shall review such certification and grant or deny a stay of the proceedings. Such determination shall be made of the next regularly scheduled meeting of fhe planning and environmenta! commission (or the design review board in the case of design guidelines). 5. Findings: The planning and environmental commission (ar the design review board in the case of design guidelines) shall on all appeals make specific findings of fact based directly an the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title have ar have not been met. 92-7B: Commercial Core 7 (GG1) District (irr part) 12-78-9: Purpose: The Commercial Core 1 District is intended to provide sites and to maintain fhe unique character of fhe Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantlypedestrian environment. The Commercial Core 7 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 fhe Vai! 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 ofbuildings fronting on pedestr?anways and public greenways, and to ensure continuation of fhe building scale and archifecturaf qualities that distinguish the Village, 12-1B-3: Permitted and Conditional Uses; First Floor ar Street Level: A. Definition: The "first floor" ar "street level" steal! be defined as that ffoorof the building that is focafed of grade or street level. B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: 1. Retail stores and establishments, including the following; Apparel stores. 3 Art supply stores and galleries. Bakeries and confecfioneries. Bookstores. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Deficatessens and specialty food stores. Drugstores and pharmacies. Florists. Gift shops. Hobby stores. Jewelry stores. Leather goods stores. Luggage stores. Music and record Stores. Newsstands and tobacco stores. Sporting goods stores. Sfationery stores. Ticket and travel agencies. Toy stores. Variety stores. Yardage and dry goads stores. 2. Eating and drinking establishments, including the following.' Bakeries and delicatessens with food service, restricted to preparation of products specilicaNy for sale on the premises. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops. Restaurants. 3. Lodges. 4. Addifional uses determined to be similarto permitted uses described in subsection 13 7 and B2 of this Section, in accordance wifh the provisions of Section 12-3-~4 of this Title so long as they do not encourage vehicular traffic. VL C. Conditional Uses.' The following uses shah be permitfed on the fr`rst floor or street level floor within a structure, subject to issuance of a conditions! use permit in accordance wifh the provisions of Chapter 1 & of this Title: Banks and financial institutions. Barbershops, beatify shops and beatify parlors. Household appliance stores... Liquor stores. CJufdoor patios. Radio and TV stores and repair shops. STAFF FINDINGS In response, to the appellant's request staff used a train c~fi logic which utilized the Vail Town • • 4 Cade definition fora "Business ©ffice" which restricts the floor area in an establishment defined as a "Business ©ffice" to 90% of the floor area devoted to office and no more than 10°~a devoted to retail. The complete definition is found in Section V of this memorandum. Due to there being no definition for a retail establishment staff reviewed the uses listed within the Commercial Gore 1 Zone District, found in 12-7B, for compatibility with the uses listed and the appeNant"s proposal. After review staff deduced that a retail space must have a majority of the space dedicated to retail and in an effort to be consistent that break down must be at a minimum of 90% retail and a maximum of 1Q% office, the inverse of the definition of a "Business C7~ce" The appellant's request was administratively denied by the Community Development for the following reasons: The proposed use is in direct conflict will the development objectives and goals of eth Vail Village Master Pian to foster a strong tourist industry and promote year-round economic health and viability far the Village and for the Community as a whole, and; • The proposed use will function more like a business office than a re#ail establishment, and; • The proposed use fails to further the purposes of Ordinance No. 16, Series of 1975, and; • Approval of this request sets precedence for future requests far business office uses to occupy retail space along pedestrian ways in Vail Village and Lionshead. Horizontal zoning within the Town of Vail was established pursuant to Ordinance No. 16, series of 1975, to generate activity and street fife along pedes#rian ways. It has long behead that in order to have a successful pedestrian environmental there must be uses located along pedestrianways which generate street life activity. There is a cyclical occurrence of pedestrian activity on pedestrianways creating the desire of people to be involved in the activity of a space and as crowds grow more people desire to become apart ofi the activity. The requirement foe retail on "Flrsf Floor and Streef Leve!" spaces within the Commercial Core 1 Zone District is there to help provide the life and vitality along our pedestrianways. !n addition, the location of uses identified on the "First Floorand Street Leve!"are those which typically generate a great deal of safes tax, which is the primary source of revenue for the Town's operational budget. On August 23, 2004, the Planning and Environmental Commission denied a conditional use application by a vote of 3-3-1 to place a real estate office, Nico Vail, lnc., represented by John Sievin, within the Vail Village Inn along Meadow Drive because of the impacts to the vitality and excitement desired along Meadow Drive. On September 21, 2004, the Town Council heard an appeal of the Planning and Environmental Commission denial of the canditiona! use permit requested by Nico Vail, Inc. The Town Council voted 4-2-0 to uphold the Planning and Environmental Commission denial because they agreed that the vitality and excitement along Meadow Drive would be impacted as well as the economic generation of the space would be impacted. Staff's denial of the appellant's request was not arbitrary and the denial is not an expression of the value the Town places in the Betty Ford Alpine Gardens. There are;other locations in Town in which zoning would permit this allocation of retail and office space in an individual use, The two previous paragraphs detail staffs reasoning and logic in denying the appellant's request based on the four bullet points identified above. 5 The Vail Town Code does not currently have a definition fora "retail establishment". This appeal has identified the need to have a definition of what a retail space entails and how the space is operated. Wi#h the existence of horizontal zoning, the practice of restricting uses nct only by district but by floor level within an overall district, in several of our zone districts it will become increasingly necessary to have a definition of retail space.. Staff would suggest that after this appeal is determined that we would proceed forward with a text amendment to add a definition for retail space establishments. After reviewing the definitions above and several other planning definition publications staff would suggest that a definition for "retail establishmentfl be added to the Vail Town Code which states: uAn establishment in which ninety (9Q%) percent or more of the gross floor area is devoted to the sale or rental of goods or merchandise to the general public for personal or household consumption or to services incidental to the sale or rental of such goads or merchandise." VII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission upht~lds the administrative denial of the request far a "business office'" on the first floor or street level of the Sitzmark Lodge, pursuant to Section 12-78-3, Permitted And Conditional Uses; First Floor Or Street Level, Vail Town Code, located at 183 Gore Creek DrivelLot A, Black 5B, Vail Village Filing 1, subject to the following finding: That the standards and conditions impaled by the requirements of Title 12 {Zoning Regulations) have been enforced correctly by the zoning administrator. Addi#ianally, the Community Development Department recommends that the Planning and Environmental Commissions directs staff to amend Section 12-2-2, Definitions, Vail Town Cade, to create a definition for retail establishment which states: "DETAIL ESTABLISHMENT: An establishment in which ninety (90°f°) percent ar mare of the gross floor area is devoted to the sale or rental of goads or merchandise to the general public for personal or household consumption orto services incidental to the sale or rental of such goods ar merchandise." VIII. ATTACHMENTS A. Vicinity Map B. Retail space proposed floor plan. C. Letters from staff to the appeElant dated August 3 and 25, 2Q04 D. Appellant`s appeal form E. Public notice and list of notified properties 6 ,~ r~ ~~ p~,:, 4 .w ~ 3 yyv`~' 6th @@ Y _ ~ C ~ '~:. ~.- Sr ~ ~ ~~ y~ ~ ~ e ~, ~ ~ ~~ A'~,. 4 ro~a k7e ' n g€ ~ ~y .r a~' r~ ~ '~ 4 ~ 1s :,ir~~2 ~\4. Attachment: A ,g-,~ t ~~ a ~~ ~. W G Q f ~~y~C1L~ ~~~~ ~,~IJ a a r Q ~[. N tl'+ r C'L W u~ ~ Z ~'` ~ ~ ~ ti J ~. off`°• ~ ~ (i ~y ~` ~ t~7 ~ l1~ Q ~ ~ ~ ~ r~ W r ~i d ~ ~ . ~ .~ ~ C~ 0 ~ ~~ ct~ ~ ~=~- Q ~ ~ u1 ~ ~ ~~ ~~~ ~ ~ ¢~ ' zC W U W ~, ?a ~~ ~~ U w U 0 a. .W ~; t-- . d. 7 T~~(7(y-r+T V- ~ Ifil ~~ rli[L 1 Department of Community Development 75 South Frontage Road Yail, Colorado 81657 97'0-479-2138 FAX 970-479-2452 www. vailgov. com Bob Fritch 183 Gare Creek Drive Vail, CO 81857 Augus# 3, 2004 Re: Sitzmark Lodge tenant space definition of retail use located at 183 Gore Creek DrivelLot A, Block 5B, Vail Village Filing 1 Mr. Fritch, This letter is to inform you that staff has reuiewed your inquiry to allow the Betty Fard Alpine Gardens to occupy the Gvre Creek Promenade retail space currently occupied by the Gvre Creek Fly Fishermen establishment. Per the documentation you faxed me it appears you would like to estabPish the Betty Ford Alpine Gardens as a retail establishment with 552 square feet of the tenant space devoted to gift shop and 1020 square feet devoted to office area. As you are aware the Vail Town Code requires tenant spaces on the first level of a build or on a street level location to have retail uses occupy them per Section 12-7B-3, Permitted And Conditional Uses; First Floor Or Street Level, Vail Town Code. Staff has determined that in order for a use to be considered "retail" it must have 90°l0 of the total area of a tenant space utilized as sales area and 10% devoted to office space and storage. This requirement for retail vn first floor or street level tenant spaces exists in order to generate activity and street life along pedestrian ways. Your proposal is far approximately 35°fa of the #enant space to be used fiat retail and 65%o to be used far office. Staff has determined that your proposal does not meet the Code requirements for a retail establishment. In order to allow the Betty Ford Gardens to occupy the space 90°fo of the floor area needs to be devoted to retail sales and 10% devoted to office and storage. Please review these comments and if you have any questions regarding this letter please contact me at 970-479-2148. W~th`regards, ~v~~ Warren Campbell Senior Planner Cc: File Attachment: C ~filf l1~ r~ 1 Department of Community Development 75 South Frontage. Road Yail, Colorado 81657 970-479-138 FA.X 970-479-45,2 www.vailgov com Bab Fritch 183 Gore Creek Drive Vaif, CO 81F57 August 25, 2004 Re: Sitzmark Lodge tenant space definition of retail use located at 183 Gare Creek QrivelLot A, Block SB, Vail Village Filing 1 Mr. Fritch, This letter is to inform you that staff has reviewed your new proposal to divide the Gare Creek Promenade retail space, currently occupied by the Gore Creek Fly Fishermen establishment, with a 25°l0 office and 75°lo retail space layout far the Betty Ford Alpine Gardens. Per the documentation you gave the Community Development department it appears you would like to establish the Betty Ford Alpine Gardens as a retail establishment with 1175 square feet of the tenant space devoted to gift shop and 397 square feet devoted to office area. As stated previously in a letter dated August 3, 2004, the Vail Town Code requires tenant spaces on the first level of a build or an a street level location to have retail uses occupy them per Section 12-7B- 3, Permitted And Conditional Uses; First 1=1oor Or Street Level, Vail Tawn Code. Staff has determined that in order for a use to be considered "retail" it must have 90°l0 of the total area of a tenant space utilized as sales area and 1 Q% devoted to office space and storage. This requirement for retail on first floor or street level tenant spaces exists in order to generate activity and street life along pedestrian ways 'Your proposal is for 75°!° of the tenant space to be used for retail and 25°fo to be used for office. Staff has determined that your proposal does not meet the Code requirements for a retail establishment. In order to allow the Betty Ford Gardens to occupy the space 90°to of the floor area needs to be devoted to retail sales and maximum of 10% devoted to office and storage. Please review these comments and if you have any questions regarding this letter please contact me at 970-479-2148. With regards, r. arren Campbell Senior Planner Cc: File ~i ~ RECYCLED PIPER FHB X12-1~~ 17~~4`~ • ~ ~ g~ST C6PY ~' AVRIIABLE (~ Q(t2r ~'am pb~ll • 1~ i~ I P. 0~ ~E~~~y~® ~-p~a~ ~t>«tsr~ ~~~~ ~ ~~,~~ R~ ?5 5octtft Frontage ROadv Val„ Ct~:.~ ~,tfo St657 `( fel: ~~.47'9.zL39 ~: 97[I.479.Z45Z ¢ ~ ~: WR~W.YJl~~Q i ' '~dfli~dOTI:. '{5i rfU~m" i~ .regt~irpd f or filing an L w,, ~1 ~F a OFF, ~7 ~@1F#C~ ~r~r ~~ p{~ ~ ~l1 ~ r'•;~1.. ~. ~Zd~ Commi,.~~,~,!~icmltl~.~,~r. A ~~•.~rl~i~«. form an4 a55oaat~c3 r@Qua~,:,~.t5 must be sutx~tfi[d tQ Ehe C~nmu~i~ ae~-eloy ; ~.n de~rtmec~t within M -:.~. ;,: ~Qi cdle+,ciar dam vFthe cTisputr~ ; u'~ .,~decis~. Actiian/ aesision beirrs~ ~ppeaaed: 4 , ~~~ .~ ~ , t Anion/ Dedsian: , ~ ~ . ~l~ilfn !~ 5~~ ~1':~Dn ~ r ~ ~ J~Bl77t~ ~Oftil~:..ra Y :3 ~ a~„ ~.~.~ ~~ve ~ s~r.;fc ~~ ~r 1~,~ yep ~-R} ire xOW do ~ -~''~ _ r ~, . ~r ~ i3/ p1MT[8T7 Cyr) no r Appe~lar~t[z1; ~ ~~ ~.1-F;ae ~d~•sys - Phvrra: ~~ ~1 ~a ,ph~rs,c~l A~el~ress 6ri V~if; ~~ ~ ~ ~r'v~, Legal D~xtiprbar~ Of APP~~ 5~ Prgp~y i~+ Yaii: LOt~ ~Ck~.. 5ul]G~vis~7r a'~ellant~s} s'~grrature(s~: ~-- t~'~-~~, ~.~t.~~;r~.C,~~ ~ ~ saF ~igrca res ~ is requited}. ~~~~ SuTon~ttal R~gt~ir ~,~„ . ~. ~~ '~---' .2.r ~ $ SE~rdK Sfl~t Or SE~f~C2 5~'It"!'Cr (>E l~r $ d~taf~ +~'~' i~tlOdi Ql• ~ ~ ~f'P. X11 ~. ~ C)cl ~ 5~~~ 5hee[ Ot gale ~ of ~~F. Sra4w ~ naLt~e uF the #~~~ .,~..~. P1435e ~ [tx~ a+c~l~.r~i5 wing ~ekv3nae t4 the aaden treitl~ aAP~~• 3. ~rvrr}~ ~ list cif narz~ and a..VJ+'. _~~ (txxh rrraping an0 ,.I ~ ~ ~+~e1 add, :s~.a In V~~ of a I! vuN~ ofi prnferty who ace the sul~jeR pf tt~e a~pe.~l ~ atI ayC,~p,~•,,.n,.~ o_wc+er= ~i[~~ir~g owners W1 M1/7C fiy ~~ uy~ ~, .~ i..S yam ,.xpa.~tE'~ ~f11 llle S<1t?~. ir.... r e ~ u1 f"~ Ti~t~[79"Wa~C .+~~ ~ ~t=14S ifil'@h+@rl~~ !. 4. Fro~'~...ped ~ . ~ =c„~,85 fqr each r ~,,etty OwnCt 1i~d in (3.?_ Pty 5lt8rlLTTHLS FC~A,fM l1Ma -~.1. SUel+t:1'r~t REC~~El~S'3'A_ ~ YAiI, S~~,PRRTME~' 43F CQ~l~IUIyI1"f 4EYEl.dRMEr3T, 75 5~3iJTN FR(it~7AE,'~ Ei0A0, vAIL„ CO-.Cw4L„J 81657_ E~or Orl~er ~ ~tiY. ~ . .,,•~,: flits R~G+Cei-r!~ : '~" Paru~er: F•uJSCra~~1't7~5W'~LI~Pnve^i S~uc ..ems, ~ ~ ..:_° ` =`1*f,•~ - J .+ ' ' V ~ wry .. 1 +~." . .F ,i~ 41 -. - Attachmertit~ D _ [A{^^~e1L ~o~ ~„~tr • Actionlllecision Being Appealed: Appeal of staff interpreiati+~n that a space with 75% retail floor area and 2.5`10 office area does not cx~cet the Code requirements for a retail establishment on the first floor of the Sitzrnark per Section 12-7BB-3, Vail "T"own Code. Appeals Forn1 Question 1 Aufust 31, 2044 On behalf of the Board of Directors of Betty Ford Alpine Gardens we respectfully request an Appeal of the decision rendered by ~e Community Development Department pursuant to our request to occupy Firsl Floor or Street level tenant space for a cor7lbination of Retail 75°/0} and ()fliee/Storal;e (25%). Through a generous offer from Bob and l~elen Fritcl~ (Owner/Landlord} the Betty Ford Alpine Gardens have been offered 1572 square feet of retail space at 1$3 Gore Creek Drive. The unique opportunity was presented to the Garden Board at a cost that is snore than 54°f~ less than cu~~~A~t market rates tar similar retail space. 13y taking advantage of this opportunity the Betty Ford Alpine [iardens administrative function would vacate their current office space, 150 square feet, located behind the Front Desk of the 5itrmark Lodge. These offices have become inadequate for staff and, do not project a positive image for one of the most visible public sumz~sertime entities in the Tcn~vn of Vail. Were it not for the Pritch's below market ofl~;r the Betty Ford Alpine Gardens Board of Directors would not be in the position to consider establishing a year round gift shop and upgrade administrative offices. permission to do so from the Town of Vail would enhance the Gardens the opportunity to rise to the next level as a professional organization remaining in Vail. Village while at the same time conducting a vibrant retail operation. Our sales in the current School House Shop have risen sicnifiGantly over the past live years. Alois„ with the cozat.inued generation of sales tai revenue for the Town of Vail the promotional value of summer in Vail would be extended throughout tl~e fall and winter months. We focal chat dais issue is less about square foot percentages and more about the Town of Vail recognizing the overall contribution ofthe betty Ford Alpine Gardens as an key member of the Art's and Cultural Entert~sinment economy. Appeals Form Question 2 August 31, 2001 Tl~e Board of Directors afthe Betty Ford Alpine Gardens (BFAG) is appealing. the decision by tl~e C~omznunity I)evelapn~cnt llepartment rendered on August 25, 2(1Q4 to disallow BRAG from occupying first X"lour or Street level retail space at 1.83 Gore Creek L)rive based on a proposed 75% retail and 25% officclstorage space allocation. 'i In the referenced decision letter staff cites "the Vail Town Code requires tenant spaces on the first level of a building or street level location to have retail uses occupy theta per section 12-7B-3 Permitted and conditional I1ses: First Floor Or Street Level, Vail Tawn Code. Further tlbe letter states that "Staff has determined that in order for a use to be considered "retail" ii must have 90% of the total area of a tenant space utilized as a sales area and 10% devoted to office and storage." `The referenced Vail Towne Code does net specifically mention the 40-10% space allocation which leaves the Staff to interpret its meaning, By allowing the Betty Ford Alpine Gardens la take advantage of the unique below 3narket offer to lease this space we feel the 75-25% proposed space allocation puts both the Town and the Gardens in a wunzing situation. It will allow us to generate additicmal sales tax revenue over and above current Sclx3ol 1-louse operation, promote summertime tourism on a year round basis, and at the saanc time raise the overall image and professional approach to many of tlae Gardens programs. In addition, it would allow another non-profit organization to remain as a visible part of Vail Village. Tlie decision letter also states that "This requirement for retail on first floor or street level spaces exists in order to generate activity and street life along pedestrian ways." V4'e; know by looking at historical revenue growth in our Gift Shop operation, increased numbers ofvisitors to the Gardens and increasing interest in alpine gardening that through both our retail and administrative activities we would indeed generate activity and street life. THfS fTEM MAY AFFECT YOUR PROPERTY ~~~~'~ PUBLIG NOTICE NOTICE IS HERESY GIVEN that the Planning and Environmental Gommissian of the Town of Vail will hold a public hearing in accordance with Section 12-3-6, Vail Town Code, on October 17, 2004, at 2;00 PM in the Town of Vail fvfunioipal Building, in consideration of: A request for a site coverage variance, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow far a variance from Section 12-BD-9, Site Coverage, Vail Town Code, to allow for site coverage in excess of 20% of the total site area, located at 1936 West Gore Creek DrivelLot 46, Vail Village West Filing 2, and setting Earth details in regard thereto. Applicant: Michael R. Qantas represented by MaurieElo Planning Group, Ltd. Planner: Elisabeth Eckel An appeal of an administrative action denying a request fora "business office"on the first floor or street [eves of the Sitzmark Lodge, pursuant to Section 12-7B-3, Permitted And Gand'rtianal Uses; ;;~~ First Fioar Or Street Level, Vail Town Code, located at 183 Gare Creek DrivelLot A, Slack 5S, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Bob Fritch, representing Jim Brandmeyer Planner: Warren Campbell A request for a recommendation to the Vai[ Town Council of a proposed text amendment to Section 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level, and Section 12-71- 3, Permitted and Conditional Uses; First 1=1aor Street Level, Vail Town Code, to add "temporary business offices"as a conditional use in the Lionshead Mixed Use 1 & 2 zone districts, and setting forth details in regard thereto. Applicant: Tom Sraun, representing Vail Resorts, Inc. Planner. George Ruttier A request for a warksession to present various site plan alternatives for the proposed Vail Gonference Center, located at 395 East Lianshead CirclelLot 1, Block 2, Vail Lionshead Filing 1, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Russ Forrest An appeal of an administrative action denying a request to "sell skier parking passes" on Level 3, Gascade Village Parking Structure, Development Area A, Special Development District No. 4, pursuant to the parking provisions prescribed in Ordinance No. 41, Series of 1991, located at 1000 South Frontage Road, ~3Nail Cascade Village, and setting forth details in regard thereto. Applicant: Vail Parking LLC, represented by Robert W. Oliva Planner: George Ruttier The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and. the site visits that precede the public hearing in the Town of Vail Community Development Department. Please calf (970} 479-2138 far additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2355, Telephone for the Hearing impaired, for information. Published, September 24, 2004, in the Vail Daily. Attachment: E I:<;zr,•• LI•,..~~e . ISL'SI:eC.... `!a. 7J31 ffl4 ERITZLEN PIERCE ARCI-IITECTS WAIL, COI_QKADt7 PROP€F2TY CIWNERS ADJACENT TO TILL 51TZMARK LiUILD1NG The Loclge at veil Conrlomil7iuri~ Association 174 Last Gore Creek Drive veil, CO $1 Ea57 F{iva N©rth Ccaratlorninium Association box 832 veil, CO 81(x57 Village Center Curulorrlinium Association Alln. Torn Carlaenler 1201 Will©w l3rid~;c Ctoad v,il, CO ~1r~~ Gore Creek Plaz;~ Con€laminium Association CIO Slicer Managerrrent 143 Fast Meadow Drive Vail, CO 81rr57 Surnnaers I_oclge Conclominiurn ASSOCiation 123 Willow Place veil, CO t31 fail IFrt1TZLEN e s t_; s.t \ a u^." t~pit• ~ 3e s PIERCE r ,.ar ..~ i F~-, -e'r, 4 . ' ;r:~ ;:tic. ~~..i~ i/ : .._..,. MEMORANDUM TO: Planning and Environmental Gvmmissivn FROM: Department of Community Development DATE: October 11, 2044 SUBJECT: A request for a recommendation to the Vail Tvwn Gauncil of a proposed text amendment tv Section 1 ~-7H-3, Permitted and Conditional Uses, First Floor or Street Level, and Section 12-71-3, Permitted and Conditional Uses; First Floor Street Level, Vail Tvwn Code, to add "temporary business offices" as a conditional use in the Lionshead Mixed Use 1 8~ 2 zone districts, and setting forth details in regard thereto. Applicant: Vail Resorts, Inc., represented by Braun Associates, Inc. Planner: {George Ruther SUMMARY The applicant, Vail Resorts, Inc., represented by Tom Braun, is proposing text amendments to Sections 12-7H-3 and 12-71-3, Permitted and Conditional Uses; First Floor Street Level, Vail Town Gode, to add "temporary business offices" as a conditional use in the Lionshead Mixed Use 1 ~ 2 zone districts. The purpose of the amendment is to address business office needs on a temporary basis during the construction of the Lianshead Gore Site Hotel and associated improvements. Based open staffs review of the criteria in Section VI of this memorandum, the Gommunity Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval with conditions to the Val Tawn Council of the requested text amendments, subject to the findings noted in Section VII of this memorandum. ll. .DESCRIPTION OF THE REQUEST The applicant, Vail Resorts, Inc., is proposing text amendments to Section 12-7H-3 and Section 12-?I-3, Lionshead Mixed Use 1 & 2 zone districts, Vail Town Gode. The purpose of the proposed text amendment is to address temporary business office needs during the construction of tf}e Lionshead Gore Site Hotel and associated improvements. Specifically, the construction of the Lionshead Core Site Hotel will result in the displacement of many existing business office uses in Lionshead {ie, general administrative offices, mountain operations offices, skier services offices, human resources, etc.}_ Amore complete copy of the applicant's request, entitled "Texf Amendment fo Lianshead Mixed Use ~ and 2 Zone Disfricf, Temporary Office5 orr Frrsf Floor or Sfreef Leuel'; dated September 13, 2404, has been attached for reference {Attachment A) The proposed text amendments are as follows: {deletions are shown in c+ri4° +"r^~ ~^"!additions are shown bald) 12-7H-3: PERMITTED AND Cc~NDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Definition: The "fiirst floor" or "street level" shall be defined as that floor of the building that is located at grade or street level slang a pedestrianway. B. Permitted Uses: The following uses shall be permitted on the first floor ar street level within a structure: Banks, with walk-up teller facilities. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school, skier seNaces, and daycare. Travel agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions ofi section 12-3-4 of this title. C. Condi#ional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Barbershops, beauty shops and beauty parlors. Conference facilities and meeting rooms. Financial ins#itutions, other than banks. Liquor stores. Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and employee housing units (type III (EHU} as provided in chapter 13 of this title}. Radio, TV stores, and repair shops. Temporary Business Offices Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. (Ord. 6(2tJ00} § 2: Ord. 33999} § 1} Section 12-2-2, Definitions, OFFICE, TEMPORARY BUSINESS; An office for the conduct of general business and service activities for a duration of time not to exceed two (2} years, to accommodate the displacement of an existing office of insurance agents, brokers, secretarial or stenographic seNices, or offices for general business activities and transactions, where storage, sale, or display of merchandise on the premises occupies less than ten percent {19%} of the floor area. A temporary business office shall not include offices of real estates agents. Ill. BACKGROUND On September 36, 1975,. the Vail Town Council adopted Ordinance No. 16, Series of 1975_ This ordinance has become known as the "Ordinance Amending the Zoning Ordinance by Imposing Horizontal Zoning in CCl". The legislative intents of Ordinance No. 36 were to maintain and preseNe the nature and character of Uail's commercial" areas with a mixture of residential and commercial uses; to promote and protect these areas as pedestrian areas;. and to promote a variety of retail shops at the pedestrian level by prohibiting business offices on the first floor, 2 On December 1 ~, 1998, the Vail Tawn Council adopted the Lionshead Redevelopment Master Plan. Amongst other purposes, a goal of the Master Plan is to facilitate the redevelopment of the Lionshead Core Site which is identified in the Master Plan as the "Lionshead RetaiE Core". According to the Master Plan, the Lionshead Retail Gore is a priority location for a new resort hotel. On September 27, 2Q04, the Town of Vail Planning & Environmental Commission approved five development review applications to allow for the construction. of the Lionshead Core Site Hotel. Upon stark of construction, it is anticipated that it will take nearly 24 months to complete the construction of the new resort hotel During that time, numerous existing business office uses will be temporarily displaced. IV. F2DLES OF REVIEWING BODIES Planning and Environmental Commission: Ac#ian: The Planning and Environmental Commission. is responsible far forwarding a recommendation of approvaVapproval with conditionsldenial to the Town Council of a text amendment. The Planning & Environmental Gommission shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furkhers the general and specific purposes afi the Zoning Regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Pian and is carnpa#ible with the development objectives of the Town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal. development objectives; and d. Such other factors and criteria the Commission deems applicable to the proposed text amendment. C7esi~an Review Board: Action: The Design Review Board has NO review authority of a text amendment or conditional use permit, but must review any accompanying Design Review application. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Tawn Council or by the Town Council. Town Gouncil evaluates whether or not the Design Review Board ar Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. . The Town Council is responsible for final approvallapproval with conditiansldenial of a text amendment. Staff.: 3 The staff is responsible far ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. V. Staff provides a staff memorandum containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. APPLICABLE PLANNING DOGIIMENTS Town of Vail' Zonina Re4ulations !Title 12. Vail Town Code) __ _... Section 12-2-2, Definitions: OFFICE, BUSINESS: An office for the conduct of general business and service activities, such as offices of real estate or insurance agents, brokers, secretarial or stenographic services, or offices for general business activities and transactions, where storage, sale, or display of merchandise on the premises occupies less than ten percent (10°fo) of the floor area. Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level: A. Definition; The "first floor" or "street level" shall be defined as that floor of the bu%Iding that is located at grade or street !eve! along a pedestrianway. B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks,, with walk-up teller facilities. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, 5kl SchOOI, skier services, and daycare. Travel agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. C. Conditional Uses: The follawing uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16~ of this title:. Barbershops, beauty shops and beauty parlors. Conference facilities and meeting rooms. Financial institutions, o#her than banks. Liquor stores. Lodges and accommodation units- Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and employee housing units (type III (EHU} as provided in chapter 13 of this title). Radio, TV stares, and repair shops. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. (03rd. s{2~ao} § 2; ora. 3(1999] § ~ ) • 4 i Vf. CRITi=RIA AND FINDINGS The review criteria and factors for consideration for a request of a #exf amendment are established in accordance with the provisions of Chapter 12-3, Vail Town Cade (Ordinance lVo. 4, Series 2Q02). A. Consideration of factors Reoardin4 the Text Amendmen#: 7. The extent. to which the text arnendrnent furthers the general and specifc purposes of the Zoning Regulations; and, The propased text amendment furthers the general and specific purposes of the Zoning Regulations. According to Section 12-1-2, Purpose, Vail Tawn Cade, the general and specific purposes of the Zoning Regulations are: "A. General. These regulations are enacted for the purpose of promoting fhe health, safely, morals, and general welfare of the Town, and to promafe fhe coordinated and harmonious development of the Tawn in a manner fhat will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 8. Specific: These regulations are intended to achieve the fallowing more specific purposes: 1. To provide for facilities. adequate light, air, sanitation, drainage, and public 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. ~. To promote adequate and approprr'ately located off-street parking and Joading facilities. 5. Ta conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship arrrong land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of fhe land with structures.. 8. To safeguard and enhance the appearance of the Tawn. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilifies conducive to desired living quarters. 1 ~. To otherwise provide for the growth of an orderly and viable community. " Upon review of the stated purposes of the Zoning Regulations, staff believds that given the temporary nature of this text amendment and the needs it addresses, the propased text amendment to allow temporary business office uses to be located on the first floor or street level within the Lianshead Mixed Use 1 zone district is compatible with the general purpose of the Zoning Regulations and the 5 specific purposes #5 and #6 above. Staff does not believe such an amendment is compatible with the Lionshead Mixed Use 2 zone district. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of fhe adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and, The purpose of the proposed text amendment is to provide adequate temporary sites and locations for existing business offices currently in Lionshead that will be displaced for a period of time during the construction of the Lionshead Core Site Hotel. The Lionshead Core Site Hotel is being constructed in conformance with the goals, objectives, and policies outlined in the Lionshead Redevelopment Master Plan. That said, in order to complete improvements that comply with the Master Pian, disruption to business office uses will occur. This amendment lessens the negative impacts associated with completing improvements in accordance with the goals, objectives and policies outlined in the Lionshead Redevelopment Master Plan. Additionally, this amendment will ensure that existing business in Vail will remain located within the community. it is possible that if this amendment were not approved, certain business office operations could be lost to more permanent Eocations down valley. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and, The proposed text amendment is requested in response to what will be a relatively short change in conditions within the areas located in the Lionshead Mixed Use 1 -zone district. As previously stated, the construction of the Lionshead Gore Site Hotel and the unintended consequences that construction of the hotel will have on existing business offices and mountain operations creates the need for this text amendment. To ensure that this amendment is only effective far the duration of the construction of the Lionshead Core Site Hotel, staff is proposing that a two (2) year sunset provision be placed on any amending ordinance. The purpose of the sunset provision would be to place a specific timeframe on the effective date of the ordinance and to ensure the discontinuance of the operation of all temporary business offices on a date certain. In the absence of a sunset provision, staff recommends that the proposed text amendment is denied. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and, Given the extenuating circumstances of the proposed text amendment, staff believes that the proposed amendment will provide a harmonious,. convenient, workable relationship among land use regulations. As these circumstances are applicable only to uses effected in the Lionshead Mixed Use 1 zone district and not the Lionshead Mixed Use 2 zone district, staff recommends that the request for text amendments to Section 12-71-3, Permitted and Conditional Uses; First Floor Street Level, Vail Town Code, tv add "temporary business offices°' as a conditional use in the Lionshead Mixed Use 2 zone district be denied. 6 .i • S. Such other factors and criteria the Commission andlor Council deems applicable to the proposed text amendment. B. The Planning and Environmental Commission shall make the following findings before forwarding a recommendation of aooroval for of a text amendment: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vai! Comprehensive Plan and is compatible with the development objectives of the Tawn; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Vll. STAFF RECQMI~IENDATION The Community Development Department recommends that the Planning ~ Environmental Commission forwards a recornmendation of approval, with modifications, to the Vail Town Council for the proposed tent amendments to Section 12-7H-3, Permitted and Conditional Uses, First Floor or 'Street Level, and Section 12-71- 3, Permitted and Conditional Uses; First Floor Street 1-evel, Vail Town Code, to add "temporary business offices" as a conditional use in the Lionshead Mixed Use 1 ~ 2 zone districts, and setting forth details in regard thereto. Staffs recommendation is based upon the review of the criteria found in Section VI of this memorandum and the evidence and testimony presented, subject to the following findings: 1. That the amendments are consistent with the applicable elements of the adapted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and 2. That the amendments do further the general and specific purposes of the Zoning Regulations; and 3. That the amendments promote the health, safety, morals, and general welfare of the Town, but do promote the coordinated and harmonious development of the Town in a manner that do conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. 4. That the proposed text amendments are applicable only to those existing ` uses and circumstances impacting the Lionshead Mixed Use 1 zone district and do not apply to the Lionshead Mixed Use 2 zone district. 7 VIII. ATTACHMENTS Attachment A - "Text Amendment fo Lic~nshead Mixed Use ~ and 2 Zone Disfrrcf,, Temporary offices on First F!®ar ar Sfreet Leve,f", dated September 13, 20fl4 8 Attachment: A • • ~ IBAII/BRA~IIN AS50CIAYES. INC. PLANNING and CO€"INtUN~TY bEVELOPMENT September 13, 2004 Mr. George Ruttier Chief of Planning Department of Community Development Town of Vail 75 South Frontage Road Vail, CO 81657 RE: LMU Text Amendment Dear George: As you may recall, lay and I spoke with you regarding existing zoning regulations pertaining the "business office" on first floor or street level in the Lionshead Mixed Use 1 zone district. Enclosed you will find a proposed text amendment which would modify current regulations in LMU1 and LMU2 in order to allow for temporary buiiness offices under certain conditions. C}n behalf of Vail Resorts we previously submitted a code amendment to allow for temporary real estate offices on street level. This amendment was subsequently withdrawn. We would ask that the filing fee submitted for that application be "applied" to this proposal. We lack forward to working with you an this application. Please dom.-r.,~tw.he_sitate to contact me with any,~uestions you. may have. Sincerely, Thomas A. Braun Cc: Jack Huhn Dave Thorpe Jay Peterson EdwardsViliage Center, Suite C-2C9 Ph.- 970.92b.7575 Q 105 Edwards Viltage Boulevard Fax - 970.926.7576 Post OPi .e Box 2658 www.braunassociates.com E:Twards, Colorado B I b32 Text Amendment to Lionshead Mixed Use 1 and 2 Zone District Temporary Offices an First Floor ar Street Level September 13, 2004 Introductia~a The following outlines a proposed text amendment to the Lionshead Mixed Use 1 zone district. This amendment would modify the manner in which business offices are regulated by the code. As proposed, "temporary business offices" would be permitted on first floor/street level of Lionshead subject to conditional use approval (and findings of compliance with specific review criteria) by the Planning and Environmental Commission. While this amendment is proposed by Vail Resorts in anticipation ofthe redevelopment of the Care Site, the amendment would apply to any redevelopment project in Lionshead. Problem Staterne~tt The Lionshead Redevelopment Master Plan was created to provide incentives for the re- development of properties throughout the Lionshead area. The redevelopment of the Core Site (old Gondola Building and Sunbird Lodge) is a major focal point of the Master Plan. The redevelopment of the Core Site core will displace approximately 12,000 square feet of offices,. mountain operations and skier service uses -uses that are critical to the operation of Vail Mountain and uses that must be located proximate to the mountain in order to be effective. By way of example, existing offices and operations currently located at the Core Site include general offices, offices far mountain dining mountain operations (lifts, snawcats, snowmaking, etc.), ski tickets and ski school, human resources and warehousing. The task of relocating the uses listed above is formidable. Ultimately some of these uses will be re-located within the new Core Site building and other uses will be located in new offices contemplated for the 1Vorth Day Lat. Regardless of their new permanent location, all existing uses will have to be relocated during construction of the Core Site. The issue to be addressed by this code amendment pertains to the specific type and location (i.e. level of building.) of uses that are permissible by the Town's zoning code. Tt is anticipated that a variety of strategieslsolutions will be used to relocate these existing uses. While today all uses are located in one buildi~rg, it is assumed that multiple locations will be necessary in order to accommodate all existing uses. Borne existing uses such as "skier ticketing, ski school and skier services" are already allowable by zoning as either permitted or conditional uses on all levels of a building and offices associated with these types of uses could be considered "accessory uses". A number of existing uses, however, go beyond "skier ticketing, ski school and skier services" and would be categorized as a "Business Office". Examples of these include general offices and human resources. Currently these types of Business Off ces are allowable only at tl~e basement level and second level (and above} subject to approval of a Conditional Use permit. Busuiess Offices are not permitted at street level. Given the necessity for Vail Resort's offices to be located proximate to the znauntain, the amount of space needed and the lack ofbasement and second floor office space in Lionshead, a code amendment is proposed to allow for Temporary Business Offices on First Floor or Street Level subject to approval. of a conditional use permit. Proposed Solution The simplest solution would be to add Business Offices on First Floor or Street Level as a permitted use within the Lionshead MLJ-1 zone district. This solution would, however, conflict with the town's long standing objective/policy of not allowing office use on street level. Ili order to maintain the integrity of the Town's horizontal zoning, while at the wine time allowing for the business offices on the First Floor or Street Level, the following provisions are proposed: • Allow for temporary business offices on first floor street level within Lionshead MT.J-1 subject to the approval of a conditional use permit (and confdrmance with specific criteria and standards found in section 12-16-7}. • Business. offices {proposed far first floor or street level} shall be limited to the relocation of offices that are existing in Lionshead at the time the Conditional Use Permit is submitted and arelwill be displaced by a redevelopment project, • Temporary business offices maybe approved for a period not to exceed three {3} years. • Temporary business offices shall be liTruted to general business and service activity, but shall specifically preclude offices for real estate sales. Proposed Amendments to Lionshead MU 1 The following are the specific amendments proposed to Lionshead NIU 1 and MU2: Section 12-7H-3-C. {LMU-ll Permitted and Conditional Uses: First Floor or Street Level Amended to add "Business Offices" as Conditional Use Section I2-16-7-A -Use Snecific Criteria and Standards Amended to add specific criteria and standards for "Business Offices" on first floor or street level in tl~e Lionshead Mixed Use 1 zone districts: i 13. Business Offices on first floor or street level. in Lionshead Mixed Use 1 and 2: ~ a. Business office use shall be limited to general business and service activity and shall specifically preclude offices far real estate sales. b. Business office use to be relocated to a first floor or street level shall be a use that was in existence within. the Lionshead Mixed Use District prior to application for the Conditional Use Permit. e. Business office use proposed to be relocated to a first floor or street level shall be apse-existing use located within a building subject to redevelopment in accordance with the Lionshead Master Redevelopment Plan. + The conditional use permit shall be valid for up to three years. >lzevie~~v Criteria of Proposed Code Amendment Before noting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requested text amendment. The applicant's response to these criteria is provided below. (3 }The extent to which the text amendment furthers the general and specifc purposes of the zoning regulations; and The purpose of the town's zoning regulations is to promote the welfare of the town and to enhance its established character as a resort and residential community of high quality. The proposed text amendment furthers this purpose by providing flexibility in the temporary re-location of existing office uses that will facilitate the redevelopment of Lionshead properties and in doing so further the goals of the Lionshead Re- Development Master Plan. (2}The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vaif comprehensive plan and is compatible with the development objectives of the town; and The Lionshead Re-Development Master Plan was created in large part to provide incentives for the re-development of properkies throughout the Lionshead area. This amezidment will allow some flexibility in accommodating existing uses during the redevelopment of Lionshead properties. (3) The extent to which the text amendment demonstrates haw conditions have substantially changed since the adaptian of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The Town's horizontal zoning regulations were established approximately 25 years ago, well before the adoption of the Lionshead Re-development Master Plan. While the goals inherent in existing zoning regulations are still valid, they prevent a hindrance to the redevelopment of existing buildings. In response to these conditions, the amendment proposed would allow for temporary business office use only. (4} The extent t© which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectiives; and The proposed amendment is intended to help implement the towns development objectives. The amendment will not conflict with other Iand use regulations. (~) Such other factors and criteria the commission and/or council deem applicable to the proposed text amendment. • n ~~ ~~ Application for Review by the I i Planning and Environmental Comrni$sion r, ~; , ~Q~i V~ ~.~;~~~`f Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 te1:970.479.2139 fax: 970.479.2452 web: www.vailgov.cam General Information: All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit application_ Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until all requited information is received by the Gommunity Development Department. "The project may also need to be reviewed by the Town Council andlor the Design Review Board. Type of Application and Fee: • ir'2emning $1300 Conditional Use Permit $650 • Major Subdivision $1500 • Floadplain Modification $400 • Minor Subdivision $650 • Minor Exterior Alteration $650 • Exemption Plat $650 Major Exterior Alteration $800 • Minor Amendment to an SDD $1000 Development Plan $1500 • New Special Developrent D'ostrict $6000 ,4mendment to a Development Pian $250 • Major Amendment to an SDD $6000 ~ Zoning Code Amendment $1300 • Major Amendment to an SDD $1250 Variance $~0 (no exterior modificafions) Sign Variance $200 Description of the Request: ~. a,R~+tic~~ t,o~'~ a.•~-f-~^-~++~^^-~~n.~' ~a ~~ ~~.s~ m u -r . y Location of the Proposal: Lot: Blr~ck:.__ Subdivision: Physical Address: _ _ _ Parcel Do.: (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: Dame(s) of Owner(s): Mailing Address: Phone: Owner(s) Signature(s): Dame of Applicant: •~ lt~~ ~ e. s ~ ~'~c S , ~' w^' ~' _ ~kw•. '~ r~GK ~.~r"`) Mailing Address: \ 3`1 ~e~c~l~~fts'~~ _ A,~~~. •_cv ~tta~.v Phone: z~~t~ z~s~ E-mail Address: Fax For Office Use Only: Fee Paid: Gheck No.: By: Meeting Date: PEC Na.: Planner: Project No.: Page 1 of Z-04!01!04 . ~ Petition for an Amendment to the Town of Vail :. ~~~"~~~ MuniCilaat Code °` ~'~~ Submittal Requirements ~o~~~ ~~ ~~~~~~ GENERAL INFORMATION This application is a petition for an amendment to the Tawn of Vail Municipal Code. Amendments to the Town of Vail Municipal Code may be requested by the Town Council, by the Planning and Environments! Commission, by petition of any resident or property owner in the Tawn, or by the Administrator. The Vail Town Council is the final decision making body for code amendment requests. SUBMITTAL REQIf iREMENTS e Fee: $1300,00 e A written summary of the proposed revision of the regulations. e Additional Material: The Administrator andlor PEC may require the submission of addikional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. PRE-APPLICATION CONFERENCE A pre-application conference with a punning staff member is strongly encouraged. Ho application will be accepted unless it is complete. It is the applicant's responsibility to make an appointment with the staff to determine additions! submittal requirements. TIME R~QIIIREMENTS The Planning and Environmental Commission meets an the 2nd and 4th Mondays of each month. A complete application form and all accompanying material (as described above) must be accepted by the Community Development Department by the appropriate submittal date, which is a minimum of four (4) weeks prior to the date of the PEC public hearing, ADD13'IONAL REVIEW A. If this application requires separate review by any local, State ar Federal agency other than the Town of Vail, the application fee shall be increased by $200.00. Examples of such review, may include, but are not limited to: Colorado Department of Highway Access Permits, Army Carps of Engineers 404, etc.. B. The applicant shall be responsible for paying any publishing fees which are in excess of 50% of the application fee. lf, at the applicant' srequest, any matter is postponed for hearing, causing the matter to be re-published, then, the entire fee for such re-publication shall be paid by the applicant. C. Applications deemed by the Community Development Department to have design, land use ar other issues which may have a significant impact an the community may require review by consultants in addition to Tawn staff. Should a determination be made by the Town staff that an outside consultant is needed, the Community Development Department may hire the consultant. The Department shall estimate the amount of money necessary to pay the consultant and this amount shall be forwarded to the Town by the applicant at the time of filing an application. Expenses incurred by the Tawn in excess of the amount forwarded by the applicant shall be paid to the Tawn by the applicant within 30 days of notification by the Town. Any excess funds will be returned to the applicant upon review completion. Flerrse Hate that only complete applications will be accepted. Alf of the required information must be .srcbnritted in order frrr the application to be deemed complete. Page 2 of 2-Q41©t 104 C: Note: Item #4, proposed Vail Conference Center, has been withdrawn. Instead, please join the Vail Town Council's evening meeting on October 19, 2004, fior an upda#e. • •