HomeMy WebLinkAboutPEC090001 deniedI
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4\"krR1JFNTY OEVELOPNENT
Planning and Environmental Commisson
ACTIQtV FORM
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
te1:970.479.2139 fax: 970.479.2452
web: www.vailgov.com
Project Name: LMU1 FIRST FLOOR OFFICES PEC Number: PEC090001
Project Description:
REQUEST TO ALLOW OFFICES AS CONDITIONAL USES ON THE FIRST FLOOR WITHIN THE
LMU1 DISTRICT
Participants:
OWNER VAIL COLORADO MUNICIPAL BLDG 01/12/2009
75 S FRONTAGE RD
VAIL
CO 81657
APPLICANT 450 BUFFALO PROPERTIES, LLC 01/12/2009 Phone: 303-589-6234
PO BOX 331
BOULDER
CO 80306
Project Address: 75 S FRONTAGE RD WEST VAIL Location:
Legal Description: Lot: Block: Subdivision: R.O.W.
Parcel Number: 2101-064-0000-3
Comments: TOWN COUNCIL VOTE
BOARD/STAFF ACTION
Motion By: ROGERS
Second By: DALY
Vote: 7-0-0
Conditions:
Action: DENIED
Date of Approval:
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Planner: Bill Gibson PEC Fee Paid: $1,300.00
i
• F
Zoning Code Amendments
Application for Review by the
Planning and Environmental Commission
~+ ~'~ Department of Community Development
~~~r 1 . 75 South Frontage Road, Vail, Colorado 81657
te1:970.479.2128 fax: 970.479.2452
web: vvww.vailgov.com
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 alt required information
is received by the Community Development Department. The project may also need to be reviewed by the Town
Council and/or the Design Review Board.
Type of Application and Fee:
^ Rezoning $1300 ^ Conditional Use Permit $650
$400
^ Major Subdivision $1500 ^ Floodplain Modification $650
^ Minor Subdivision
l $650
$650 ^
^ Minor Exterior Alteration
Major Exterior Alteration $8
at
^ Exemption P
^ Minor Amendment to an SDD
$1000
^
Development Plan
Pl 500
$
$
^ New Special Development District $6000 ^ an
Amendment to a Development 1300
$
^ Major Amendment to an SDD $6000 fl Zoning Code Amendment $500
^ Major Amendment to an SDD $1250 ^ Variance $200
(no exterior modifications) ^ Sign Variance
Description of the Request' request addition of two new definitions of office
`
use to the permissable Conditional Use s w ithin ~ T;nncho ~ M' .7 rr ~
(LMU-1) District
Location of the Proposal: Lot: Block: Subdivision: TreeTops Condomini um
Physical Address' 450 E. Lionshead Cr. , Vail Colorad
2.01 •oto~1• po.. 003
Parcel No.: - - (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Zoning' Lionshead Mixed Use (LMU-1) District (~~~//
Name(s) of Owner(s): 45.0 B over l P4 ~ T T ~' ~~w'
Mailing Address' P • 0 . Box 331, Boulder , Co 80306
Owner(s) .Signature(s): '' v
Name of Applicant: Buffalo P pert es,
Mailing Address• P • o. Box 331 , Boulder Co
• Phone: 303-589-6234
E-mail Address' michaeljhecht@gmail. com FdX c/o 970-479-0467
For Office Use Only: ~ b
Fee Paid: I 'D r- h ck No.:~37 BY~
Meeting Date: ~~ ~ PEC No.:_ _ -' ~
Planner: .~~^ Project No.: _~'_._._ _ _,
. ~ MEMORANDUM i P''^'~
TO: Town Council
FROM: Community Development Department
DATE: February 17, 2009
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SUBJECT: Ordinance No. 6, Series of 2009, an ordinance amending Section 12-7H-3,
Permitted and Conditional Uses; and Section 12-16-7, Use Specific Criteria and
Standards, Vail Town Code, to allow business offices and professional offices as
conditional uses on the first floor in the Lionshead Mixed Use-1 District, and
setting forth details in regard thereto. (PEC090001)
Applicant: 450 Buffalo Properties, represented by Michael Hecht
Planner: Bill Gibson
DESCRIPTION OF THE REQUEST
The applicant, 450 Buffalo Properties, represented by Michael Hecht, is requesting a first
reading of Ordinance No. 6, Set-ies of 2009, an ordinance amending Section 12-7H-3,
Permitted and Conditional Uses; and Section 12-16-7, Use Specific Criteria and
Standards; Vail Town Code, to allow business offices and professional offices as
conditional uses on the first floor in the Lionshead Mixed Use-1 District, and setting forth
details in regard thereto. The proposed Ordinance No. 6, Series of 2009, has been
attached for review (Attachment A).
This proposal could facilitate permanent first floor offices in the Lionshead area with a
conditional use permit based upon the specific review criteria outlined in the attached
Ordinance No. 6, Series of 2009, as follows:
a. Office use is part of a coordinated mixed use development; and,
b. Office use is advantageous to create compatibility with or a transition fo other
development in the vicinity; and,
c. Office use is designed to the same general scale and character of other uses
in the zoned district; and,
d. Office use is consistent with the intent and objectives of the Lionshead
redevelopment masfer plan; and,
e. Offices for real estate agents, sales and brokerage shall be excluded; and,
f. The storage, sale, or display of merchandise shall occupy less than ten
percent (10%) of the office's floor area; and,
g. Off street parking shall be provided in accordance with Chapter 10 of this title;
and,
h. Signage shall be provided in accordance with Title 11, Sign Regulations, of
this code.
A more complete description of the applicant's request and Staffs analysis of this
proposal can be found in the attached Staff memorandum to the Planning and
Environmental Commission (Attachment B).
II. BACKGROUND
On February 9, 2009, the Planning and Environmental Commission forwarded a
recommendation of denial to the Vail Town Council of Ordinance No. 6, 2009, by a vote
of 5-0-1 (Pierce recused). The Staff memorandum to the Commission has been
attached for reference (Attachment B).
At its February 9, 2009, the Commission recommended the applicant pursue an
extension to the existing Treetops Building temporary first floor office conditional use
permit, rather than pursuing broad amendments to the LMU-1 District regulations. The
existing temporary business office conditional use permit is scheduled to expire on
August 30, 2009, with re-review by the Commission no later than May of this year.
III. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION
The Commission recommends the Council denies Ordinance No. 6, Series of 2009, an
ordinance amending Section 12-7H-3, Permitted and Conditional Uses; and Section 12-
16-7, Use Specific Criteria and Standards, Vail Town Code, to allow business offices
and professional offices as conditional uses on the first floor in the Lionshead Mixed
Use-1 District, and setting forth details in regard thereto.
Should the Town Council choose to deny this proposal; the Planning and Environmental
Commission recommends the Town Council pass the following motion:
"The Town Council denies Ordinance No. 6, Series of 2009, an ordinance
amending Section 12-7H-3, Permitted and Conditional Uses; and Section 12-16-
7, Use Specific Criteria and Standards, Vail Town Code, to allow business offices
and professional offices as conditional uses on the firsf floor in the Lionshead
Mixed Use-1 District, and setting forth details in regard thereto."
Should the Town Council choose to deny Ordinance No. 6, Series of 2009, on first
reading, the Planning and Environmental Commission recommends the Town Council
makes the following findings:
"Based upon the review of the criteria outlined in Section VI of Staff's February 9,
2009, memorandum and the evidence and testimony presented, fhe Town
Council finds:
1. The amendment is not consistent with the applicable elements of the
adopted goals, objectives. and policies outlined in the Vail Comprehensive
Plan and is compatible with the development objectives of the Town; and
2. The amendment does not further the general and specific purposes of the
zoning regulations, the Lionshead Mixed Use 1 District, and the Lionshead
Mixed Use 2 District outlined in Sections 12-1-2, 12-7H-1, 12-71-1, and 12-16-
1, Vail Town Code; 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."
IV. ATTACHMENTS
A. Ordinance No. 6, Series of 2009
B. February 9, 2009, Staff memorandum to the PEC
2
Vail Town Council Attachment: A
ORDINANCE NO. 6
SERIES 2009
AN ORDINANCE AMENDING AMENDING SECTION 12-7H-3, PERMITTED
AND CONDITIONAL USES; AND SECTION 12-16-7, USE SPECIFIC CRITERIA
AND STANDARDS, VAIL TOWN CODE, TO ALLOW BUSINESS OFFICES
AND PROFESSIONAL OFFICES AS CONDITIONAL USES ON THE FIRST
FLOOR IN THE LIONSHEAD MIXED USE-1 DISTRICT, AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, on February 9, 2009, the Planning and Environmental Commission of the
Town of Vail held a public hearing and reviewed and forwarded a recommendation of denial to
the Vail Town Council for the proposed text amendments; and,
WHEREAS, the Town Council finds and determines that the amendments are consistent
with the applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development objectives of the Town, based
upon the evidence and testimony presented; and,
WHEREAS, the Town Council finds and determines that the amendments further the
general and specific purposes of the Zoning Regulations, based upon the evidence and
testimony presented; and,
Whereas, the Town Council finds and determines that the amendments promote the
health, safety, morals, and general welfare of the town and promote the coordinated and
harmonious development of the town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential community of the highest
quality, based upon the evidence and testimony presented; and, now, therefore, be it ordained
by the Town Council of the Town of Vail, Colorado, that:
Section 1. Section 12-7H-3: permitted and conditional uses; first floor or street level,
of the Vail Town Code is hereby amended in part as follows (text to be deleted is in
,text that is to be added is bold, and sections of text that are not amended have
been omitted):
B. Conditional Uses: The following uses shall be permitted on the first floor or
street level floor within a structure, subject to issuance of a conditional use permit
in accordance with the provisions of chapter 16 of this title:
Accommodation units.
Attached accommodation units.
Beauty and barber shops.
Business offices
Conference facilities and meeting rooms.
Electronics sales and repair shops.
Financial institutions, other than banks.
Liquor stores.
Lodges.
Major arcades.
Multiple-family residential dwelling units, timeshare units, fractional fee
clubs, and lodge dwelling units.
Professional offices
Ordinance No. 6, Series of 2009, first reading
Temporary business offices.
Theaters.
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.
Section 2. 12-16-7: use specific criteria and standards, of the Vail Town Code is
hereby amended in part as follows (text to be deleted is in st~+lEe#~eug#, text that is to be added
is bold, and sections of text that are not amended have been omitted)
A. Uses And Criteria:
17. First Floor Business or Professional Office Use:
a. Office use is part of a coordinated mixed use development; and,
b. Office use is advantageous to create compatibility with or a transition to
other development in the vicinity; and,
c. Office use is designed to the same general scale and character of other
uses in the zoned district; and,
d. Office use is consistent with the intent and objectives of the Lionshead
redevelopment master plan; and,
e. Offices for real estate agents, sales and brokerage shall be excluded;
and,
f. The storage, sale, or display of merchandise shall occupy less than ten
percent (10%) of the office's floor area; and,
g. Off street parking shall be provided in accordance with Chapter 10 of
this title; and,
h. Signage shall be provided in accordance with Title 11, Sign
Regulations, of this code.
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 4. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 5. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of
any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
2 Ordinance No. 6, Series of 2009, first reading
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED
ONCE IN FULL ON FIRST READING this 17t`' day of February, 2009 and a public hearing for
second reading of this Ordinance set for the 2"d day of March, 2009, in the Council Chambers of
the Vail Municipal Building, Vail, Colorado.
Richard D. Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
3 Ordinance No. 6, Series of 2009, first reading
Vail Town Council Attachment: B
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: February 9, 2009
SUBJECT: A request for a final recommendation for prescribed regulation amendments,
pursuant to Section 12-3-7, Amendments, Vail Town Code, to amend Section 12-
7H-3, Permitted and Conditional Uses; and Section 12-16-7, Use Specific Criteria
and Standards, Vail Town Code, to allow business office and professional office
on the first floor in the Lionshead Mixed Use-1, and setting forth details in regard
thereto. (PEC090001)
Applicant: 450 Buffalo Properties, represented by Michael Hecht
Planner: Bill Gibson
SUMMARY
A request for a final recommendation to the Vail Town Council for a prescribe regulation
amendment pursuant to 12-3-7, Amendments, Vail Town Code, to amend Section 12-
7H-3, Permitted and Conditional Uses; First Floor or Street Level, to allow business
office and professional office on the first floor in the Lionshead Mixed Use-1 District, and
setting forth details in regard thereto.
Based upon Staff's review of the criteria outlined in Section VI of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Commission forwards a recommendation of denial subject to the
findings noted in Section VII of this memorandum.
II. DESCRIPTION OF REQUEST
The applicant's proposed regulation amendments (see Attachment A) are as follows:
(text to be deleted is in c+riVe+tir,,,,,,ti, text that is to be added is bold, .and sections of
text that are not amended have been omitted):
12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET
LEVEL:
A. Permitted Uses: The following uses shall be permitted on the first floor or
street level within a structure:
Banks, with walk-up teller facilities.
Child daycare centers.
Eating and drinking establishments.
Employee housing units, as further regulated by chapter 13 of this title.
Recreation facilities.
Retail stores and establishments.
Skier ticketing, ski school and skier services.
Travel and ticket agencies.
Additional uses determined to be similar to permitted uses described in
Phis subsection, in accordance with the provisions of section 72-3-4 of this
title.
B. Conditional Uses: The following uses shall be permitted on the first floor or
street level floor within a structure, subject to issuance of a conditional use permit
in accordance with the provisions of chapter 76 of this title:
Accommodation units.
Attached accommodation units.
Beauty and barber shops.
Business offices
Conference facilities and meeting rooms.
Electronics sales and repair shops.
Financial institutions, other than banks.
Liquor stores.
Lodges.
Major arcades.
Multiple-family residential dwelling units, timeshare units, fractional fee
clubs, and lodge dwelling units.
Professional offices
Temporary business offices.
Theaters.
Additional uses determined to be similar to conditional uses described in
this subsection, in accordance with the provisions of section 72-3-4 of this
title.
12-16-7: USE SPECIFIC CRITERIA AND STANDARDS:
The following criteria and standards shall be applicable to the uses listed below in
consideration of a conditional use permit. These criteria and standards shall be in
addition to the criteria and findings required by section 12-16-6 of this chapter.
A. Uses And Criteria:
17. First Floor Business or Professional Office Use:
a. Office use is part of a coordinated mixed use development; and,
b. Office use is advantageous to create compatibility with or a transition to
other development in the vicinity; and,
c. Office use is designed to the same general scale and character of other
uses in the zoned district; and,
d. Office use is consistent with the intent and objectives of the Lionshead
redevelopment master plan; and,
e. Offices for real estate agents, sales and brokerage shall be excluded;
and,
f. The storage, sale, or display of merchandise shall occupy less than ten
percent (10%) of the office's floor area; and,
g. Off street parking shall be provided in accordance with Chapter 10 of
this title; and,
h. Signage shall be provided in accordance with Title 11, Sign
Regulations, of this code.
2
III. BACKGROUND
The Lionshead Redevelopment Master Plan was adopted in December 1998 and the
Lionshead Mixed Use 1 District was established in early 1999. Originally, the Lionshead
Mixed Use 1 and 2 Districts prohibited office uses on the first floor or street level.
In November of 2004, the Town of Vail adopted amendments to the zoning regulations
to allow temporary business offices on the first floor in these two districts. In January of
2005, Vail Resorts obtained a conditional use permit to allow a temporary business
office in the applicant's tenant space on the first floor of the Treetops Building located at
450 East Lionshead Circle. This conditional use permit was renewed on multiple
occasions and is scheduled to expire on August 30th of this year. The proposed
amendments could facilitate the permanent location of offices in the applicant's Treetops
Building first floor tenant space as well as first floor spaces throughout Lionshead.
A copy of the applicant's letter of request has been attached for reference (Attachment
A).
IV. ROLES OF REVIEWING BODIES
Text amendment applications will be reviewed by the Planning and Environmental
Commission and the Commission will forward a recommendation to the Town Council.
The Town Council will then review the text amendment application.
V. APPLICABLE DOCUMENTS
Staff believes the following documents are relevant to the review of this proposal:
TITLE 12: ZONING REGULATIONS (in part)
Sections 12-1-2: PURPOSE (Zoning Regulations), 12-7H-1: PURPOSE (Lionshead
Mixed Use 1 District), 12-71-1: PURPOSE (Lionshead Mixed Use 2 District), and 12-16-
1: PURPOSE; LIMITATIONS (Conditional Use Permits), Vail Town Code.
LIONSHEAD REDEVELOPMENT MASTER PLAN (in part)
2.1.1 Purpose of the Master Plan
This master plan was initiated by the Town of Vail to encourage redevelopment and new
development initiatives within the Lionshead study area. Both public and private
interests have recognized that Lionshead today lacks the economic vitality of Vail
Village, its neighboring commercial district, and fails to offer aworld-class resort
experience. Lionshead's economic potential has been inhibited by a number of
recurrent themes: lack of growth in accommodation units ("hot beds"), poor retail
quality, the apparent deterioration of existing buildings, an uninteresting and
disconnected pedestrian environment, mediocre architectural character, and the
absence of incentives for redevelopment.
Redevelopment is critical for Vail and Lionshead if the community is to remain a
competitive four-season resort. Other resorts are spending millions of dollars to upgrade
their facilities in order to attract more visitors year-round. Growth in the number of skiers
annually has slowed to one to two percent, intensifying competition for market share.
Skiers are spending less time skiing and more time shopping, dining out, and enjoying
other off-mountain activities. As a result, the demand for quality retail shopping and
a greater diversity of experiences has dramatically increased. All of these are
sorely in need of improvement in Lionshead. Vail, and specifically Lionshead, will fall
behind if the community fails to upgrade the quality of its facilities and correct the
existing flaws in its primary commercial nodes.
The master plan is intended to provide direction over the next 15 to 20 years.
2.3 Policy Objectives
The Town Council adopted six policy objectives on November 4, 1996 to outline the
important issues to be addressed in the master plan and to provide a policy framework
for the master planning process.
2.3.1 Renewal and Redevelopment
Lionshead can and should be renewed and redeveloped to become a warmer,
more vibrant environment for guests and residents. Lionshead needs an
appealing and coherent identity, a sense of place, a personality, a purpose, and
an improved aesthetic character.
2.3.2 Vitality and Amenities
We must seize the opportunity to enhance guest experience and community
interaction through expanded and additional activities and amenities such as
performing arts venues, conference facilities, ice rinks, streetscape, parks and
other recreational improvements.
Chapter 4: Master Plan Recommendations -Overall Study Area
This section of the master plan addresses issues that affect Lionshead as a whole.
These issues -and recommendations to address them -should be considered in all
planning and policy decisions as Lionshead redevelops.
4.1.2 East Lionshead -Civic Hub
The civic hub of Lionshead is comprised of Dobson Ice Arena, the Vail public
library, the Lionshead public parking structure, and the proposed Vail Civic
Center site on the east end of the parking structure. Although this area also
contains several lodging properties and may support office or retail
development in the future, all planning and design decisions here should be
respectful of and compatible with these civic components.
4.1.3 Resort Retail and Commercial Hub
This area, also known as the Lionshead pedestrian core, is the heart of
Lionshead and the epicenter of pedestrian and retail activity. A mixed-use
environment, this area is comprised of retail shops, skier services, offices,
residential units, and restaurants, but it has no coherent identity. More people
access the mountain from here than from Vail village, yet the area experiences
low retail sales and weak evening activity. Non-retail businesses in what
should be a high volume retail environment further erode its retail
potential.
4
The priority for this area is to reinforce and enhance the identity of a premier
destination resort. This requires higher quality retail activity, an active
pedestrian environment, greater diversity of public spaces, and a focus on
lodgings that reinforce activity. All planning and design decisions should further
this goal.
A priority need identified by the master plan is a high quality resort hotel in the
Lionshead core to provide the dynamic infusion of people that will support a
vibrant retail district. A corollary need is a more identifiable pedestrian portal into
the Lionshead core from the west; the absence of awell-designed gateway from
this side is a significant obstacle to the capture of the west Lionshead bed base
by core area retailers.
4.1.4 Resort Lodging Hub
This area of Lionshead is located just west of the Lionshead retail core and is
comprised almost exclusively of high-density residential and lodging products.
All future planning and design decisions in this area should work to reinforce the
residential nature of the neighborhood and retain the sense of privacy desired by
individual properties. New development in this area should aim for quieter
pedestrian streets, well-defined pedestrian connections, more intensive
landscaping and higher quality streetscape development.
4.1.5 West Lionshead -Residential/ Mixed-Use Hub
The western end of Lionshead, currently undeveloped, is home to parking lots,
the Vail Associates service yard, the Vail sanitation plant, the old town shops, a
former gas station, the Vail Professional Building, and Cascade Crossing. This
area of Lionshead is generally under utilized and from an aesthetic standpoint is
not in keeping with what the Town would like to see Lionshead become as it
redevelops in the coming years. The Town of Vail does place a high value on
maintaining the office and retail areas in West Lionshead and any
redevelopment should reasonably increase the square footage of existing
office and have "no net loss" of retail square footage in West Lionshead.
With their recent acquisition of additional properties in this area, Vail Resorts has
the opportunity to bring lift service to this part of Lionshead. Lift service brings
with it great potential for the re-development of this area and in doing so expand
all of Lionshead to~ the west with improved pedestrian connections, new retail and
office activity and other improvements. While lift access will certainly energize
this area during the winter months, attention should be given to creating ayear-
round attraction within this area of Lionshead (see detailed plan
recommendations in Chapter 5)
The master plan recommends that this hub become aresidential/ mixed use area
with an emphasis on meeting the needs of both the local community and our
guests. Appropriate uses could include high density residential development,
lodging, community and visitor based office and retail space, employee
housing and parking, bus or transit functions and a ski lift connection to Vail
Mountain. The catalyst for this mixed use hub is ski lift access to Vail Mountain.
Consideration should be given to integrating employee housing into the
redevelopment of West Lionshead in accordance with the Town's employee
housing policies and regulations. To the extent possible development patterns in
this area should reflect north-south orientation of buildings, visual penetrations to
the mountain, and a pedestrian oriented environment. The degree of north-south
building orientation may be difficult given the relatively narrow east-west
orientation of this area. In addition, the introduction of ski lift access in this
location creates a catalyst for an structured public parking facility. All service and
delivery demands created by development in this area shall be accommodated
on-site.
Chapter 5: Detailed Plan Recommendations
This section of the Lionshead Master plan examines individual parcels and groups of
parcels within the Lionshead study area, excluding the residential properties on the
south side of Gore Creek. The intent of this chapter -and the Master plan as a whole -
is to identify important functional relationships and visual objectives within the district
and to propose a framework for the long-term redevelopment of Lionshead. The
document does not intend to limit or eliminate ideas relating to specific parcels; any
proposals consistent with this framework should be considered even if they are not
anticipated in this document. The parcels addressed here are organized generally from
east to west, starting with the civic hub on the eastern end of the parking structure.
5.8 Lionshead Retail Core
The Lionshead retail core (see figure 5-8) is comprised of the Vail Associates
core site, the surrounding pedestrian mall environment, and the retail faces of
adjacent buildings. This central area is the heart and soul of Lionshead and
constitutes the most critical area for public and private improvements. The Vail
Associates core site represents the most likely near-term redevelopment project,
but it is essential that the Town of Vail take all available steps to encourage
and facilitate other efforts to enhance and redevelop the retail core.
Specific recommendations are as follows:
5.8.2 Ground Level Retail Expansion Opportunities
Ground floor retail expansion should be encouraged on existing structures that
do not currently extend to their designated build-to lines and are not likely to be
completely redeveloped. The most significant places for ground floor retail
expansion are the east face of the Vail 21 building and the south and west faces
of the Lionshead Arcade building.
5.8.5 Retail Space Allocation
A primary goal of the Lionshead Master plan is to increase both the amount
and the quality of retail space in the pedestrian core. The sunny south-facing
sides of buildings (for example, at the Lifthouse Lodge and the creek side of the
VA core site) are ideal for restaurants. The shadier north-facing sides are more
appropriate for retail uses that do not benefit as much from a direct relationship
with the outdoors. Use of ground floor commercial space for offices is not
recommended on the primary pedestrian mall; these businesses should be
located instead on the second story or outside the main pedestrian
corridor.
5.8.8 Pedestrian/ Retail Connection to West Lionshead Circle
The most important missing link in the Lionshead retail mall is a direct connection
between the east end of the Montaneros condominiums and the intersection of
6
West Lionshead Circle and Lionshead Place. This connection would connect the
Lionshead mall to West Lionshead Circle and would remove the awkward grade
transition at Concert Hall Plaza. Figure 5-11 suggests that, at the least, a
connection could occur between the north side of the Montaneros and the south
side of a redeveloped Concert Hall Plaza. The optimum solution would entail
the redevelopment of Montaneros, enabling a direct connection with retail
frontage on both sides (see figure 5-12).
VI. REVIEW CRITERIA
1. The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
The proposed amendments are intended to allow opportunities for business
offices or professional offices on the first floor or street level within the Lionshead
Mixed Use 1 District. If the Commission chooses to approve the proposed
amendments, Staff recommends these same amendments be applied to the
Lionshead Mixed Use 2 District. Within both districts, office uses are allowed in
the basement and upper floors of buildings; however, they are not allowed on the
first floor. Several sections of the Lionshead Redevelopment Master Plan clearly
discourage non-retail uses being located at street level within the Lionshead
Retail Core Area.
The Lionshead Redevelopment Master Plan contemplates future office uses in
the East Lionshead area and recommends no net loss of office uses in the West
Lionshead (Ever Vail) area. However, the Plan does not address where these
office uses should be located within a given building located in the western or
eastern Lionshead areas. Based upon the Town's zoning regulations, these
office uses will be established/re-established within the non-first floor portions of
the building.
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and
policies outlined in the Vail Comprehensive Plan and is compatible with the
development objectives of the Town; and
The Lionshead Redevelopment Master Plan contemplates future office uses in
the East Lionshead area and recommends no net loss of office uses in the West
Lionshead (Ever Vail) area. However, the Plan does not address where these
office uses should be located within a given building located in the western or
eastern Lionshead areas. Based upon the Town's zoning regulations, these
office uses will be established/re-established within the non-first floor portions of
the building.
Within both districts, office uses are allowed in the basement and upper floors of
buildings; however, they are not allowed on the first floor. Several sections of the
Lionshead Redevelopment Master Plan clearly discourage non-retail uses being
located at street level within the Lionshead Retail Core Area.
7
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
Since the original adoption of the Lionshead Redevelopment Master Plan and
Lionshead Mixed Use 1 and 2 Districts, numerous Lionshead properties have
redeveloped. During the course of this redevelopment activity, the Town of Vail
revised the zoning regulations to allow temporary business offices to be located
on the first floor in the Lionshead Mixed Use 1 District with a conditional use
permt. These amendments facilitated the .relocation of Vail Resorts offices
displaced from the former Gondola Building to the Concert Hall Plaza and
Treetops buildings. The conditional use permits for these temporary offices have
received multiple extensions which have allowed those offices to remain in place
since 2004. These permits are again scheduled to expire this year. Staff
believes another review of these temporary business office conditional use
permits may be more appropriate than permanently allowing office uses on the
first floor of the entire Lionshead area.
4. The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use regulations consistent
with municipal development objectives.
Staff believes this proposal is contrary to the purpose of the horizontal zoning
policies established in the commercial core areas. The Commercial Core 1
District in Vail Village and the Lionshead Mixed Use 1 and 2 Districts in
Lionshead were intentionally established to prohibit non-retail uses on first floor
or street level of buildings. Staff does not believe the proposed text amendments
will facilitate and provide a harmonious, convenient, workable relationship among
land use regulations consistent with the Town of Vail master plans and
development objectives.
5. Such other factors and criteria the Commission andlor Council deem
applicable to the proposed text amendment.
VII. STAFF RECOMMENDATION
Based upon review of the criteria outlined in section VIII of this memorandum and the
evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forwards a
recommendation of denial to the Vail Town Council for prescribed regulation
amendments, pursuant to Section 11-3-3, Prescribed Regulation Amendment, Vail Town
Code, to amend Section 12-7H-3, Permitted and Conditional Uses; and Section 12-16-7,
Use Specific Criteria and Standards, Vail Town Code, to allow business office and
professional office on the first floor in the Lionshead Mixed Use-1, and setting forth
details in regard thereto.
Should the Planning and Environmental Commission choose to forward a
recommendation of denial of this request; Community Development Department
recommends the Commission pass the following motion:
8
"The Planning and Environmental Commission forwards a recommendation of
denial to the Vail Town Council, pursuant to Section 11-3-3, Prescribed
Regulation Amendment, Vail Town Code, to amend Section 12-7H-3, Permitted
and Conditional Uses; and Section 12-16-7, Use Specific Criteria and Standards,
Vail Town Code, to allow business office and professional office on the first floor
in the Lionshead Mixed Use-1, and setting forth details in regard thereto."
Should the Planning and Environmental Commission choose to forward a
recommendation of denial to the Vail Town Council for the proposed text amendment,
the Community Development Department recommends the Commission makes the
following findings:
"Based upon the review of the criteria outlined in Section VI of Staff's February 9,
2009, memorandum and the evidence and testimony presented, the Planning
and Environmental Commission finds:
1. The amendment is not consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail Comprehensive
Plan and is compatible with the development objectives of the Town; and
2. The amendment does not further the general and specific purposes of the
zoning regulations, the Lionshead Mixed Use 1 District, and the Lionshead
Mixed Use 2 District outlined in Sections 12-1-2, 12-7H-1, 12-71-1, and 12-16-
1, Vail Town Code; 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."
Should the Planning and Environmental Commission choose to forward a
recommendation of approval of this request; Community Development Department
recommends the Commission pass the following motion:
"The Planning and Environmental Commission forwards a recommendation of
approval, with conditions, to the Vail Town Council, pursuant to Section 11-3-3,
Prescribed Regulation Amendment, Vail Town Code, to amend Section 12-7H-3,
Permitted and Conditional Uses; First Floor or Street Level, Section 12-71-3,
Permitted and Conditional Uses; First Floor or Street Level, and Section 12-16-7,
Use Specific Criteria and Standards, Vail Town Code, to allow business office
and professional office on the first floor in the Lionshead Mixed Use-1 and
Lionshead Mixed Use-2 Districts, and setting forth details in regard thereto."
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed text amendment,
the Community Development Department recommends the Commission recommends
the following conditions:
"The prescribed regulation amendments shall be subject to the following
conditions:
9
1. The proposed amendments shall apply to the Lionshead Mixed Use 2 District.
2. In addition to the applicant's proposed use specific criteria and standards,
offices shall not be located within the Lionshead Retail Core Area as defined
by the Lionshead Redevelopment Master Plan.
3. In addition to the applicant's proposed use specific criteria and standards,
offices shall not be located along pedestrian corridors and connections the as
defined by the Lionshead Redevelopment Master Plan.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, with conditions, to the Vail Town Council for the proposed
text amendment, the Community Development Department recommends the
Commission makes the following findings:
"Based upon the review of the criteria outlined in Section VI of Staff's February 9,
2009, memorandum and the evidence and testimony presented, the Planning
and Environmental Commission finds:
1. The amendment is consistent with fhe applicable elements of the adopted
goals, objectives and policies outlined in the Vail Comprehensive Plan and is
compatible with the development objectives of the Town; and
2. The amendment furthers the general and specific purposes of the zoning
regulations, the Lionshead Mixed Use 1 District, and the Lionshead Mixed
Use 2 District outlined in Sections 12-1-2, 12-7H-1, 12-71-1, and 12-16-1, Vail
Town Code; 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."
VII. ATTACHMENTS
A. Applicant's request
B. Lionshead Retail Core Area Map
C. Pedestrian Walks and Paths Map
D. Overall Pedestrian Corridors and Connections
10
Attachment A
Addendum to Zoning Code Amendment Application of Buffalo Properties Group, LLC, for Zone
Change for Lionshead Mixed Use (LMU-1) District
Request to add to Section B. Conditional Uses, of Definitions already set forth in Section 12-2-2.
OFFICE, BUSINESS: An office for the conduct of general business and service
activities, such as office 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%) of the floor area.
OFFICE, PROFESSIONAL: An office for the practice of a profession, such as office of
physicians, dentists, lawyers, architects, engineers, musicians, teachers, accountant, and other
who through training are qualified to perform services of a professional nature, where storage,
sale or display of merchandise on the premises occupies less than ten percent (10%) of the floor
area.
Applicant suggests some use specific considerations, to be incorporated into 12-16-7, for the
granting of the new Conditional Uses.
Ground Floor Business or Professional Office use:
a. Office use is part of a coordinated mixed use development: and
b. Office use is advantageous to create compatibility with or a transition to other
development in the vicinity; and
c. Office use is designed to the same general scale and character of other uses in the
zoned district; and
d. Office use is consistent with the intent and objectives of the Lionshead redevelopment
master plan; and
e. Offices for real estate agents, sales and brokerage shall be excluded; and
The storage, sale, or display of merchandise shall occupy less then ten percent (10%)
percent of the office's floor area; and
g. Off street parking shall be provided in accordance with Chapter 10 of this title; and
h. Signage shall be provided in accordance with Title 11, "Sign Regulations", of this
code.
Zone Change will apply to entire Lionshead Mixed Use (LMU-1) District, insuring fair and
uniform application of the new standards requested, solves problems created by prior regulations
creating time limitations for conditional uses, which have proved to be based on assumptions not
born out by market and business realities within the Lionshead Mixed Use (LMU-1) District.
11
Attachment B
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"The Planning and Environmental Commission forwards a recommendation of
denial to the Vail Town Council, pursuant to Section 11-3-3, Prescribed
Regulation Amendment, Vail Town Code, to amend Section 12-7H-3, Permitted
and Conditional Uses; and Section 12-16-7, Use Specific Criteria and Standards,
Vail Town Code, to allow business office and professional office on the first floor
in the Lionshead Mixed Use-1, and setting forth details in regard thereto."
Should the Planning and Environmental Commission choose to forward a
recommendation of denial to the Vail Town Council for the proposed text amendment,
the Community Development Department recommends the Commission makes the
following findings:
"Based upon the review of the criteria outlined in Section VI of Staff's February 9,
2009, memorandum and the evidence and testimony presented, the Planning
and Environmental Commission finds:
The amendment is not consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail Comprehensive
Plan and is compatible with the development objectives of the Town; and
2. The amendment does not further the general and specific purposes of fhe
zoning regulations, the Lionshead Mixed Use 1 District, and the Lionshead
Mixed Use 2 District outlined in Sections 12-1-2, 12-7H-1, 12-71-1, and 12-16-
1, Vail Town Code; 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."
Should the Planning and Environmental Commission choose to forward a
recommendation of approval of this request; Community Development Department
recommends the Commission pass the following motion:
"The Planning and Environmental Commission forwards a recommendation of
approval, with conditions, to the Vail Town Council, pursuant to Section 11-3-3,
Prescribed Regulation Amendment, Vail Town Code, to amend Section 12-7H-3,
Permitted and Conditional Uses; First Floor or Street Level, Section 12-71-3,
Permitted and Conditional Uses; First Floor or Street Level, and Section 12-16-7,
Use Specific Criteria and Standards, Vail Town Code, to allow business office
and professional office on the 'first floor in the Lionshead Mixed Use-1 and
Lionshead Mixed Use-2 Districts, and setting forth details in regard thereto. "
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed text amendment,
the Community Development Department recommends the Commission recommends
the following conditions:
"The prescribed regulation amendments shall be subject to the following
conditions:
9
1. The proposed amendments shall apply to the Lionshead Mixed Use 2 District.
2. In addition to the applicant's proposed use specific criteria and standards,
offices shall not be located within the Lionshead Retail Core Area as defined
by the Lionshead Redevelopment Master Plan.
3. In addition to the applicant's proposed use specific criteria and standards,
offices shall not be located along pedestrian corridors and connections the as
defined by the Lionshead Redevelopment Master Plan.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, with conditions, to the Vail Town Council for the proposed
text amendment, the Community Development Department recommends the
Commission makes the following findings:
"Based upon the review of the criteria outlined in Section VI of Staff's February 9,
2009, memorandum and the evidence and testimony presented, the Planning
and Environmental Commission finds:
1. The amendment is consistent with the applicable elements of the adopted
goals, objectives and policies outlined in the Vail Comprehensive Plan and is
compatible with the development objectives of the Town; and
2. The amendment furthers the general and specific purposes of the zoning
regulations, the Lionshead Mixed Use 1 District, and the Lionshead Mixed
Use 2 District outlined in Sections 12-1-2, 12-7H-1, 12-71-1, and 12-16-1, Vail
Town Code; 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."
VII. ATTACHMENTS
A. Applicant's request
B. Lionshead Retail Core Area Map
C. Pedestrian Walks and Paths Map
D. Overall Pedestrian Corridors and Connections
10
Attachment A
Addendum to Zoning Code Amendment Application of Buffalo Properties Group, LLC, for Zone
Change for Lionshead Mixed Use (LMU-1) District
Request to add to Section B. Conditional Uses, of Definitions already set forth in Section 12-2-2.
OFFICE, BUSINESS: An office for the conduct of general business and service
activities, such as office 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%) of the floor area.
OFFICE, PROFESSIONAL: An office for the practice of a profession, such as office of
physicians, dentists, lawyers, architects, engineers, musicians, teachers, accountant, and other
who through training are qualified to perform services of a professional nature, where storage,
sale or display of merchandise on the premises occupies less than ten percent (10%) of the floor
area.
Applicant suggests some use specific considerations, to be incorporated into 12-16-7, for the
granting of the new Conditional Uses.
Ground Floor Business or Professional Office use:
a. Office use is part of a coordinated mixed use development: and
b. Office use is advantageous to create compatibility with or a transition to other
development in the vicinity; and
c. Office use is designed to the same general scale and character of other uses in the
zoned district; and
d. Office use is consistent with the intent and objectives of the Lionshead redevelopment
master plan; and
e. Offices for real estate agents, sales and brokerage shall be excluded; and
The storage, sale, or display of merchandise shall occupy less then ten percent (10%)
percent of the office's floor area; and
g. Off street parking shall be provided in accordance with Chapter 10 of this title; and
h. Signage shall be provided in accordance with Title 11, "Sign Regulations", of this
code.
Zone Change will apply to entire Lionshead Mixed Use (LMU-1) District, insuring fair and
uniform application of the new standards requested, solves problems created by prior regulations
creating time limitations for conditional uses, which have proved to be based on assumptions not
born out by market and business realities within the Lionshead Mixed Use (LMU-1) District.
11
Attachment B
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14
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: February 9, 2009
SUBJECT: A request for a final recommendation for prescribed regulation amendments,
pursuant to Section 12-3-7, Amendments, Vail Town Code, to amend Section 12-
7H-3, Permitted and Conditional Uses; and Section 12-16-7, Use Specific Criteria
and Standards, Vail Town Code, to allow business office and professional office
on the first floor in the Lionshead Mixed Use-1, and setting forth details in regard
thereto. (PEC090001)
Applicant: 450 Buffalo Properties, represented by Michael Hecht
Planner: Bill Gibson
SUMMARY
A request for a final recommendation to the Vail Town Council for a prescribe regulation
amendment pursuant to 12-3-7, Amendments, Vail Town Code, to amend Section 12-
7H-3, Permitted and Conditional Uses; First Floor or Street Level, to allow business
office and professional office on the first floor in the Lionshead Mixed Use-1 District, and
setting forth details in regard thereto.
Based upon Staff's review of the criteria outlined in Section VI of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Commission forwards a recommendation of denial subject to the
findings noted in Section VII of this memorandum.
II. DESCRIPTION OF REQUEST
The applicant's proposed regulation amendments (see Attachment A) are as follows:
(text to be deleted is in ,text that is to be added is bold, and sections of
text that are not amended have been omitted):
12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET
LEVEL:
A. Permitted Uses: The following uses shall be permitted on the first floor or
street level within a structure:
Banks, with walk-up teller facilities.
Child daycare centers.
Eating and drinking establishments.
Employee housing units, as further regulated by chapter 13 of this title.
Recreation facilities.
Retail stores and establishments.
Skier ticketing, ski school and skier services.
Travel and ticket 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.
B. Conditional Uses: The following uses shall be permitted on the first floor or
street level floor within a structure, subject to issuance of a conditional use permit
in accordance with the provisions of chapter 16 of this title:
Accommodation units.
Attached accommodation units.
Beauty and barber shops.
Business offices
Conference facilities and meeting rooms.
Electronics sales and repair shops.
Financial institutions, other than banks.
Liquor stores.
Lodges.
Major arcades.
Multiple-family residential dwelling units, timeshare units, fractional fee
clubs, and lodge dwelling units.
Professional offices
Temporary business offices.
Theaters.
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.
12-16-7: USE SPECIFIC CRITERIA AND STANDARDS:
The following criteria and standards shall be applicable to the uses listed below in
consideration of a conditional use permit. These criteria and standards shall be in
addition to the criteria and findings required by section 12-16-6 of this chapter.
A. Uses And Criteria:
17. First Floor Business or Professional Office Use:
a. Office use is part of a coordinated mixed use development; and,
b. Office use is advantageous to create compatibility with or a transition to
other development in the vicinity; and,
c. Office use is designed to the same general scale and character of other
uses in the zoned district; and,
d. Office use is consistent with the intent and objectives of the Lionshead
redevelopment master plan; and,
e. Offices for real estate agents, sales and brokerage shall be excluded;
and,
f. The storage, sale, or display of merchandise shall occupy less than ten
percent (10%) of the office's floor area; and,
g. Off street parking shall be provided in accordance with Chapter 10 of
this title; and,
h. Signage shall be provided in accordance with Title 11, Sign
Regulations, of this code.
2
III. BACKGROUND
The Lionshead Redevelopment Master Plan was adopted in December 1998 and the
Lionshead Mixed Use 1 District was established in early 1999. Originally, the Lionshead
Mixed Use 1 and 2 Districts prohibited office uses on the first floor or street level.
In November of 2004, the Town of Vail adopted amendments to the zoning regulations
to allow temporary business offices on the first floor in these two districts. In January of
2005, Vail Resorts obtained a conditional use permit to allow a temporary business
office in the applicant's tenant space on the first floor of the Treetops Building located at
450 East Lionshead Circle. This conditional use permit was renewed on multiple
occasions and is scheduled to expire on August 30th of this year. The proposed
amendments could facilitate the permanent location of offices in the applicant's Treetops
Building first floor tenant space as well as first floor spaces throughout Lionshead.
A copy of the applicant's letter of request has been attached for reference (Attachment
A).
IV. ROLES OF REVIEWING BODIES
Text amendment applications will be reviewed by the Planning and Environmental
Commission and the Commission will forward a recommendation to the Town Council.
The Town Council will then review the text amendment application.
V. APPLICABLE DOCUMENTS
Staff believes the following documents are relevant to the review of this proposal:
TITLE 12: ZONING REGULATIONS (in part)
Sections 12-1-2: PURPOSE (Zoning Regulations), 12-7H-1: PURPOSE (Lionshead
Mixed Use 1 District), 12-71-1: PURPOSE (Lionshead Mixed Use 2 District), and 12-16-
1: PURPOSE; LIMITATIONS (Conditional Use Permits), Vail Town Code.
LIONSHEAD REDEVELOPMENT MASTER PLAN (in part)
2.1.1 Purpose of the Master Plan
This master plan was initiated by the Town of Vail to encourage redevelopment and new
development initiatives within the Lionshead study area. Both public and private
interests have recognized that Lionshead today lacks the economic vitality of Vail
Village, its neighboring commercial district, and fails to offer aworld-class resort
experience. Lionshead's economic potential has been inhibited by a number of
recurrent themes: lack of growth in accommodation units ("hot beds"), poor retail
quality, the apparent deterioration of existing buildings, an uninteresting and
disconnected pedestrian environment, mediocre architectural character, and the
absence of incentives for redevelopment.
Redevelopment is critical for Vail and Lionshead if the community is to remain a
competitive four-season resort. Other resorts are spending millions of dollars to upgrade
their facilities in order to attract more visitors year-round. Growth in the number of skiers
annually has slowed to one to two percent, intensifying competition for market share.
Skiers are spending less time skiing and more time shopping, dining out, and enjoying
other off-mountain activities. As a result, the demand for quality retail shopping and
a greater diversity of experiences has dramatically increased. All of these are
sorely in need of improvement in Lionshead. Vail, and specifically Lionshead, will fall
behind if the community fails to upgrade the quality of its facilities and correct the
existing flaws in its primary commercial nodes.
The master plan is intended to provide direction over the next 15 to 20 years.
2.3 Policy Objectives
The Town Council adopted six policy objectives on November 4, 1996 to outline the
important issues to be addressed in the master plan and to provide a policy framework
for the master planning process.
2.3.1 Renewal and Redevelopment
Lionshead can and should be renewed and redeveloped to become a warmer,
more vibrant environment for guests and residents. Lionshead needs an
appealing and coherent identity, a sense of place, a personality, a purpose, and
an improved aesthetic character.
2.3.2 Vitality and Amenities
We must seize the opportunity to enhance guest experience and community
interaction through expanded and additional activities and amenities such as
performing arts venues, conference facilities, ice rinks, streetscape, parks and
other recreational improvements.
Chapter 4: Master Plan Recommendations -Overall Study Area
This section of the master plan addresses issues that affect Lionshead as a whole.
These issues -and recommendations to address them -should be considered in all
planning and policy decisions as Lionshead redevelops.
4.1.2 East Lionshead -Civic Hub
The civic hub of Lionshead is comprised of Dobson Ice Arena, the Vail public
library, the Lionshead public parking structure, and the proposed Vail Civic
Center site on the east end of the parking structure. Although this area also
contains several lodging properties and may support office or retail
development in the future, all planning and design decisions here should be
respectful of and compatible with these civic components.
4.1.3 Resort Retail and Commercial Hub
This area, also known as the Lionshead pedestrian core, is the heart of
Lionshead and the epicenter of pedestrian and retail activity. A mixed-use
environment, this area is comprised of retail shops, skier services, offices,
residential units, and restaurants, but it has no coherent identity. More people
access the mountain from here than from Vail village, yet the area experiences
low retail sales and weak evening activity. Non-retail businesses in what
should be a high volume retail environment further erode its retail
potential.
4
The priority for this area is to reinforce and enhance the identity of a premier
destination resort. This requires higher quality retail activity, an active
pedestrian environment, greater diversity of public spaces, and a focus on
lodgings that reinforce activity. All planning and design decisions should further
this goal.
A priority need identified by the master plan is a high quality resort hotel in the
Lionshead core to provide the dynamic infusion of people that will support a
vibrant retail district. A corollary need is a more identifiable pedestrian portal into
the Lionshead core from the west; the absence of awell-designed gateway from
this side is a significant obstacle to the capture of the west Lionshead bed base
by core area retailers.
4.1.4 Resort Lodging Hub
This area of Lionshead is located just west of the Lionshead retail core and is
comprised almost exclusively of high-density residential and lodging products.
All future planning and design decisions in this area should work to reinforce the
residential nature of the neighborhood and retain the sense of privacy desired by
individual properties. New development in this area should aim for quieter
pedestrian streets, well-defined pedestrian connections, more intensive
landscaping and higher quality streetscape development.
4.1.5 West Lionshead -Residential/ Mixed-Use Hub
The western end of Lionshead, currently undeveloped, is home to parking lots,
the Vail Associates service yard, the Vail sanitation plant, the old town shops, a
former gas station, the Vail Professional Building, and Cascade Crossing. This
area of Lionshead is generally under utilized and from an aesthetic standpoint is
not in keeping with what the Town would like to see Lionshead become as it
redevelops in the coming years. The Town of Vail does place a high value on
maintaining the office and retail areas in West Lionshead and any
redevelopment should reasonably increase the square footage of existing
office and have "no net loss" of retail square footage in West Lionshead.
With their recent acquisition of additional properties in this area, Vail Resorts has
the opportunity to bring lift service to this part of Lionshead. Lift service brings
with it great potential for the re-development of this area and in doing so expand
all of Lionshead to the west with improved pedestrian connections, new retail and
office activity and other improvements. While lift access will certainly energize
this area during the winter months, attention should be given to creating ayear-
round attraction within this area of Lionshead (see detailed plan
recommendations in Chapter 5)
The master plan recommends that this hub become aresidential/ mixed use area
with an emphasis on meeting the needs of both the local community and our
guests. Appropriate uses could include high density residential development,
lodging, community and visitor based office and retail space, employee
housing and parking, bus or transit functions and a ski lift connection to Vail
Mountain. The catalyst for this mixed use hub is ski lift access to Vail Mountain.
Consideration should be given to integrating employee housing into the
redevelopment of West Lionshead in accordance with the Town's employee
housing policies and regulations. To the extent possible development patterns in
5
this area should reflect north-south orientation of buildings, visual penetrations to
the mountain, and a pedestrian oriented environment. The degree of north-south
building orientation may be difficult given the relatively narrow east-west
orientation of this area. In addition, the introduction of ski lift access in this
location creates a catalyst for an structured public parking facility. All service and
delivery demands created by development in this area shall be accommodated
on-site.
Chapter 5: Detailed Plan Recommendations
This section of the Lionshead Master plan examines individual parcels and groups of
parcels within the Lionshead study area, excluding the residential properties on the
south side of Gore Creek. The intent of this chapter -and the Master plan as a whole -
is to identify important functional relationships and visual objectives within the district
and to propose a framework for the long-term redevelopment of Lionshead. The
document does not intend to limit or eliminate ideas relating to specific parcels; any
proposals consistent with this framework should be considered even if they are not
anticipated in this document. The parcels addressed here are organized generally from
east to west, starting with the civic hub on the eastern end of the parking structure.
5.8 Lionshead Retail Core
The Lionshead retail core (see figure 5-8) is comprised of the Vail Associates
core site, the surrounding pedestrian mall environment, and the retail faces of
adjacent buildings. This central area is the heart and soul of Lionshead and
constitutes the most critical area for public and private improvements. The Vail
Associates core site represents the most likely near-term redevelopment project,
but it is essential that the Town of Vail take all available steps to encourage
and facilitate other efforts to enhance and redevelop the retail core.
Specific recommendations are as follows:
5.8.2 Ground Level Retail Expansion Opportunities
Ground floor retail expansion should be encouraged on existing structures that
do not currently extend to their designated build-to lines and are not likely to be
completely redeveloped. The most significant places for ground floor retail
expansion are the east face of the Vail 21 building and the south and west faces
of the Lionshead Arcade building.
5.8.5 Retail Space Allocation
A primary goal of the Lionshead Master plan is to increase both the amount
and the quality of retail space in the pedestrian core. The sunny south-facing
sides of buildings (for example, at the Lifthouse Lodge and the creek side of the
VA core site) are ideal for restaurants. The shadier north-facing sides are more
appropriate for retail uses that do not benefit as much from a direct relationship
with the outdoors. Use of ground floor commercial space for offices is not
recommended on the primary pedestrian mall; these businesses should be
located instead on the second story or outside the main pedestrian
corridor.
5.8.8 Pedestrian/ Retail Connection to West Lionshead Circle
The most important missing link in the Lionshead retail mall is a direct connection
between the east end of the Montaneros condominiums and the intersection of
6
West Lionshead Circle and Lionshead Place. This connection would connect the
Lionshead mall to West Lionshead Circle and would remove the awkward grade
transition at Concert Hall Plaza. Figure 5-11 suggests that, at the least, a
connection could occur between the north side of the Montaneros and the south
side of a redeveloped Concert Hall Plaza. The optimum solution would entail
the redevelopment of Montaneros, enabling a direct connection with retail
frontage on both sides (see figure 5-12).
VI. REVIEW CRITERIA
1. The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
The proposed amendments are intended to allow opportunities for business
offices or professional offices on the first floor or street level within the Lionshead
Mixed Use 1 District. If the Commission chooses to approve the proposed
amendments, Staff recommends these same amendments be applied to the
Lionshead Mixed Use 2 District. Within both districts, office uses are allowed in
the basement and upper floors of buildings; however, they are not allowed on the
first floor. Several sections of the Lionshead Redevelopment Master Plan clearly
discourage non-retail uses being located at street level within the Lionshead
Retail Core Area.
The Lionshead Redevelopment Master Plan contemplates future office uses in
the East Lionshead area and recommends no net loss of office uses in the West
Lionshead (Ever Vail) area. However, the Plan does not address where these
office uses should be located within a given building located in the western or
eastern Lionshead areas. Based upon the Town's zoning regulations, these
office uses will be established/re-established within the non-first floor portions of
the building.
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and
policies outlined in the Vail Comprehensive Plan and is compatible with the
development objectives of the Town; and
The Lionshead Redevelopment Master Plan contemplates future office uses in
the East Lionshead area and recommends no net loss of office uses in the West
Lionshead (Ever Vail) area. However, the Plan does not address where these
office uses should be located within a given building located in the western or
eastern Lionshead areas. Based upon the Town's zoning regulations, these
office uses will be established/re-established within the non-first floor portions of
the building.
Within both districts, office uses are allowed in the basement and upper floors of
buildings; however, they are not allowed on the first floor. Several sections of the
Lionshead Redevelopment Master Plan clearly discourage non-retail uses being
located at street level within the Lionshead Retail Core Area.
7
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
Since the original adoption of the Lionshead Redevelopment Master Plan and
Lionshead Mixed Use 1 and. 2 Districts, numerous Lionshead properties have
redeveloped. During the course of this redevelopment activity, the Town of Vail
revised the zoning regulations to allow temporary business offices to be located
on the first floor in the Lionshead Mixed Use 1 District with a conditional .use
permt. These amendments facilitated the relocation of Vail Resorts offices
displaced from the former Gondola Building to the Concert Hall Plaza and
Treetops buildings. The conditional use permits for these temporary offices have
received multiple extensions which have allowed those offices to remain in place
since 2004. These permits are again scheduled to expire this year. Staff
believes another review of these temporary business office conditional use
permits may be more appropriate than permanently allowing office uses on the
first floor of the entire Lionshead area.
4. The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use regulations consistent
with municipal development objectives.
Staff believes this proposal is contrary to the purpose of the horizontal zoning
policies established in the commercial core areas. The Commercial Core 1
District in Vail Village and the Lionshead Mixed Use 1 and 2 Districts in
Lionshead were intentionally established to prohibit non-retail uses on first floor
or street level of buildings. Staff does not believe the proposed text amendments
will facilitate and provide a harmonious, convenient, workable relationship among
land use regulations consistent with the Town of Vail master plans and
development objectives.
5: Such other factors and criteria the Commission and/or Council deem
applicable to the proposed text amendment.
VII. STAFF RECOMMENDATION
Based upon review of the criteria outlined in section VIII of this memorandum and the
evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forwards a
recommendation of denial to the Vail Town Council for prescribed regulation
amendments, pursuant to Section 11-3-3, Prescribed Regulation Amendment, Vail Town
Code, to amend Section 12-7H-3, Permitted and Conditional Uses; and Section 12-16-7,
Use Specific Criteria and Standards, Vail Town Code, to allow business office and
professional office on the first floor in the Lionshead Mixed Use-1, and setting forth
details in regard thereto.
Should the Planning and Environmental Commission choose to forward a
recommendation of denial of this request; Community Development Department
recommends the Commission pass the following motion:
8
ROSS DAVIS, JR.
ATTORNEY AT LAW
VAIL PROFESSIONAL BUILDING
SUITE 223
953 SOUTH FRONTAGE ROAD WEST
VAIL, COLORADO 81657
970-476-2414 FAX 970-479-0467
rossdavisjr@gwest. net
January 12, 2009
Mr. George Ruther
Department of Community Development
Town of Vail
75 South Frontage Road
Vail, CO 81657
Re: Zoning Code Application of 450 Buffalo Properties, LLC
Dear George:
In accordance with our discussions at the meeting in your office on December 23, 2008, I have
prepared and enclosed a Zoning Code Amendments Application for Review by the Planning and
Environmental Commission, on behalf of Michael Hecht, principal of 450 Buffalo Properties,
LLC, owner of the commercial condominium units within the TreeTops Plaza and Garage
Condominiums, located at 450 E. Lionshead Cr., Vail, Colorado.
The modification of zoning requested is to add two new definitions to the permissible
Conditional Uses, within the Lionshead Mixed Use (LMU-1) District.
Contact information for the Applicant is:
Michael Hecht
Buffalo Properties Group, LLC
P.O. Box 331
Boulder, CO
303-589-6234
michaeljhecht(ci>.~mail.com
Alan Peterson, president of the Condominium Association, has requested to be added to the
contact list, by email, at ~~~ctcrson~ri?r~~~dconsultin~~.com.
George Ruther
January 12, 2009
Page 2
Please copy my office with all communications.
If you have any questions, or desire additional information, feel free to contact my office.
Sincerely yours, ~ ~~
,%"
~~
~_-_ . ,
os~vis, Jr,,
RD~
Enclosures
cc: Michael Hecht
Alan Peterson
Jeff Brown
***r*****************r**********+*******~**~***************~***~********************++***+**
TOWN OF VAIL, COLORADO Statement
*r****+*~**+*++****~*******~*~**************************~**~*+++*********r******************
Statement Number: 8090000032 Amount: $1,300.00 01/12/200901:06 PM
Payment Method: Check Init: SAB
Notation: 2237 1310
BUFFALO PROPERTIES LLC
-----------------------------------------------------------------------------
Permit No: PEC090001 Type: PEC - Rezoning
Parcel No: 2101-064-0000-3
Site Address: 75 S FRONTAGE RD WEST VAIL
Location:
Total Fees: $1,300.00
This Payment: $1,300.00 Total ALL Pmts: $1,300.00
Balance: $0.00
********************************+*++*+**+~*++~****+***************r*******++**********+****+
ACCOUNT ITEM LIST:
Account Code Description Current Pmts
-------------------- ------------------------------ ------------
PV 00100003112500 PEC APPLICATION FEES 1,300.00
Addendum to Zoning Code Amendment Application of Buffalo Properties Group, LLC, for Zone
Change for Lionshead Mixed Use (LMU-1) District
Request to add to Section B. Conditional Uses, of Definitions already set forth in Section 12-2-2.
OFFICE, BUSINESS: An office for the conduct of general business and service
activities, such as office 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%) of the floor area.
OFFICE, PROFESSIONAL: An office for the practice of a profession, such as office of
physicians, dentists, lawyers, architects, engineers, musicians, teachers, accountant, and other
who through training are qualified to perform services of a professional nature, where storage,
sale or display of merchandise on the premises occupies less than ten percent (10%) of the floor
area.
Applicant suggests some use specific considerations, to be incorporated into 12-16-7, for the
granting of the new Conditional Uses.
Ground Floor Business or Professional Office use:
a. Office use is part of a coordinated mixed use development: and
b. Office use is advantageous to create compatibility with or a transition to other
development in the vicinity; and
c. Office use is designed to the same general scale and character of other uses in the
zoned district; and
d. Office use is consistent with the intent and objectives of the Lionshead redevelopment
master plan; and
e. Offices for real estate agents, sales and brokerage shall be excluded; and
£ The storage, sale, or display of merchandise shall occupy less then ten percent (10%)
percent of the office's floor area; and
g. Off street parking shall be provided in accordance with Chapter 10 of this title; and
h. Signage shall be provided in accordance with Title 11, "Sign Regulations", of this
code.
Zone Change will apply to entire Lionshead Mixed Use (LMU-1) District, insuring fair and
uniform application of the new standards requested, solves problems created by prior regulations
creating time limitations for conditional uses, which have proved to be based on assumptions not
born out by market and business realities within the Lionshead Mixed Use (LMU-1) District.
for Temporary Offices
Treetops/CUP
,-,~;a~ent Properties Owners List
TOWN OF VAIL
FINANRONTAGE ROAD
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VAHJ~ CO 81657
VAIL 21 CONDOMIN~ ASSOCIATION
C/O GEOFF WRIGHT
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Page 1 of 1
Bill Gibson -Ground Floor offices in Commercial Core
From: John Slevin
To:
Date: 02/15/2009 5:41 PM
Subject: Ground Floor offices in Commercial Core
I am writing you to encourage you to vote no on the proposed amendment to
allow business offices on the ground floor in LionsHead. I also encourage you to make
Vail Resorts look for other offices and quit giving them the special treatment that you
would not ordinarily give to any small business owner in Town.
I am an owner of three real estate offices in the Town of Vail. One is in the basement
level of the Vai121 Building in LionsHead another in Vail Village on the second floor
above Russell's restaurant and the third one in the Brandess Building on the ground floor
in West Vail.
For over 33 years I have tried to open real estate offices on the ground floor in the Village
and Lionshead with no success. I think it is now too late to open the floodgates. In
addition, if you allow commercial offices on the ground floor in Lionshead, I think you
would also have to allow them in the Village.
Thank you
John Slevin
OwnerBroker
Prudential Colorado Properties
476-2482 x 12
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Page 1 of 1
Bill Gibson -Ordinance #6
From:
To:
Date: 02/15/2009 8:21 PM
Subject: Ordinance #6
Deny ordinance #6.
The PEC is correct in forwarding a recommendation of denial.
I don't know who initiated this ordinance but if passed it will
open the door for 1st floor offices throughout town. Offices
generate NO sales tax and don't belong on the 1st floors.
Crested Butte passed a similar ordnance years ago and now
retail stores are all but extinct on the first floors in their town.
The vitality of main street is gone.
Thanks for what you do.
Bob Armour
You can't always choose whom you love, but you can choose how to find them. Start with AOL Personals...
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file://C:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\499930... 02/16/2009