HomeMy WebLinkAboutVAIL LIONSHEAD FILING 1 BLOCK 1 LOT 6 TREETOPS COMMON ELEMENT 2000 CURRENT LEGAL.pdfu ":-t*-".ffi.J*.
Frcm: Mike McGee ro: MichaerHecht
-{ ChPf
Date! 12/2812007 2:35 PM
Subject Re: RE / 450 E, Lionshead Circle - Treetops Commercial Building
CCI Bill Gibson; Charlie Davis; Dwight Henniger (dhenninger@vailgov.com); ...
Mr. Hecht.
I apologize for the delay in getting back to you but I wanted and needed time to conduct at least a preliminary record
search before responding.
I have copied immediately hereafter, the content of an email between Jay Peterson, representing Vail Associates Resort
Development Corp, Bill Gibson, Town of Vail Department of Community Development, Charlie Davis, Chief Buildinq Official,
and myself.
">>> "Jay Peterson" <iko@vail.net> 07l21l2OOS 11:55 AM >>>
Mike,
Thank you again.
Jay
--- Original Message -*-
From:''Mike Mccee" <MMccee@vailqov.com>
To: "Bill Gibson'' <BGibson@vailgov.com >; ''Charlie Davis''
<CDavis(ovailqov.com >
Cc: <iko@vail.net>; "John Gulick" <JGulick@vailqov.com>; "JR Rulapaugh"
<J Rulaoauoh@vailoov.com>; "Mike Mccee" < lYMcGee@vailqov.com >; "Mike Vaughan"
< l"lVauohan@vailoov.com > ; <dfeeney@vailresort.com >
Sent: Thursday, June 30, 2005 11:12 AM
Subject: Re: Fw: Treetops 2nd Floor offices
> BiII,
> I apologise for what appears to be a short circuit in the comminication
> roop.
> VRDC via Jay Peterson has come back to us with a commitment to limit
> the scope of the use of the second floor to a VRDC office only. I have
> been assured the occupant load will not exceed more than 10 people and
> the fuel load will not be excessive.
> As previously noted, VFES does not object to the conditional use of the
> second floor as part office and part display.
> In that we have also discussed the building owners'desires to renovate
> the entire building in two years (plus or minus pending the TCO of the
> Arrabelle), VFES is willing to allow the owner to postpone the
> installation of a fire sprinkler system until the renovation in wvo
> years.
> The existing water supply is Inadequate to support a fire sprinkler
> system. Design,
'ayout
and installation of a new water line will be
> done with the renovation. Timing and costs associated with installation
> of a new water line now. not knowing what the new layout will be. seems
> unreasonable given the perceived risk and time frame,
> The fire alarm system in the Treetops Building will need to be modified
> to reflect the office space, but that is all VFES is requiring at this
> time. I have discussed this with the fire alarm contractor and they are
(12t28 12007 ) Bill Gibson RE / 450 E. Lionshead Circle - Treetops Commercial Building
> willing to make the necessary adjustments subject to normal contract
> orocedures.
> Please let me know if there are other issues or details on which I need
> to sign off.
> Thank!
> Mike Mccee
> Deputy Chief / Fire Marshal
>>>> "Jay Peterson" <iko@vail.net> 0613012005 10:19:34 AM >>>
> Michael,
> Here is the e-mail we received. Thanks for your help.
> lay
> --- Original Message ----
> From: Tom Braun
> To: Jay Peterson
> Sent: Thursday, lune 30, 2005 7:38 AM
> Subject: Fw: Treetops 2nd Floor Offices
Page 2
fl
Hi,
Had you heard anything about this? I thought we did not have to do
sprinkler work at Treetops.
tom
--- Original Message ----
From: Bill Gibson
To: tom@braunassociates.com
Sent: Tuesday, June 28. 2005 5:33 PM
Subject: Treetops 2nd Floor Offices
Hey Tom,
FYI: The Town of Vail Fire Department will be requiring revisions to
the Treetop's fire sprinkler system as part of the new 2nd floor
offices.
> Bill Gibson, AICP
> Town Planner
> Town of Vail
> 75 South Frontage Road
> Vail, CO 81657
> (97O) 479-?173
> (970) 479-2452 fax"
The essence of the issue is the conversion of the space to office and assembly use (conference room) coupled with a
residential occupancy (the managers unit).
Under the Building Code as adopted, the second floor change of use, even for the initial conditional use permit issued two
years ago, would trigger the requirement as does the residential unit within the building.
The understanding and premise upon which we (the Town) agreed to the conversion and conditional use permit, and
likewise the installation of a partial fire sprinkler system for the managers' unit. was based on the condition that the
remainder of the building would have a fire sprinkler system installed.
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int28l200n &trc.ibson - Re: RE / 45n e . ironineac cirW Page 3
|
A default on that agreement would lead to a conclusion by the respective Code Officials as defined under the Town of Vail
Municipal Code, Article 10, Section 10-1-2 through 10-l-5, that the existing use is illegal and the existing conditions should
be abated or that the building or a portion thereof could be closed,
If successfully argued that such an agreement made tlvo years ago was invalid, it would subsequently lead to a detailed
code review of the proposed use and the existing use and the code would dictate the existing use is illegal and the existing
conditions should be abated or that the building or a portion thereof could be closed.
We have always had an excellent relationship with the Treetops Condominium Association and would like to continue to
work together towards resolution.
The relationship between the Town and the current or any potential client is irrelevant. The code issue pertain to the
building and its use.
It is what I believe to be in our mutual interest that I request a letter of commitment from the Association and you to
complete the installation of a code compliant fire sprinkler system in the Treetops Plaza Building in the Spring of 2008, I
would like to see such letter by January 3r, 2008.
If such a an agreement cannot be reached, the Fire Code Official shall be compelled to initiate a detailed review and referral
to the Chief Building Official with such notice(s) and enforcement action(s) as required by the codes.
Pfease refer to the International Building Code, Chapter 34, 3406.1,3410.2.7, and the International Fire Code, Sections
105.3.4 Conditional Permits, 105.3.6 Compliance, 105.5 Revocation, and Section 903 Automatic Sprinkler Systems.
Please contact me if you wish to discuss this issue in more detail or desire clarification.
Michael McGee
Deputy Chief / Fire Marshal
Vail Fire Department
910 479-2t35
>>> ''Michael Hecht" <michaelihecht@qmail.com > 7217212007 10:51 AM >>>
*Good morning Mr. Mccee, *
*I just wanted to confirm that you had received my email (see below) that I
sent to you on t2ll9l07. I am sure that you and your department are
currently very busy and will address my request as your schedule permits.*
*Best regards and happy holidays,*
-------- Forwarded message ----------
From: Michael Hecht <michaelihecht@qmail.com>
Date: Dec 19. 2007 l:33 PM
Subject: RE: 450 E. Lionshead circle - Treetops Commercial Building
To: M14ccee@vailqov.com
*Good afternoon Mr, Mccee.*
*My name is Michael Hecht and I am the owner (via the entity 450 Buffalo
Properties LLC) of 450 E. Lionshead Circle Vail, Co - (the Treetops
Commercial Building).*
*I have recently been contacted by both Vail Resorts (Brian Mccarthy) my
1000/0 tenant in the building, as well as by the Treetops HOA - residential
group(represented by Alan Peterson / leff Brown). The topic of discussion
is a clarification from you regarding the current Town of Vail fire code and
Circle - Treetops Commercial
Town of Vail ordinances as they apply to the 450 E. Lionshead Circle
property. Unfortunately I have not been privy to, nor had the opportunity
to discuss with you in the past your interpretation / application of the TOV
fire code to the 450 E. Lionshead Circle property. Due to some unclear
communication between Vail Resorts, the Treetops HOA and myself there
appears to be current confusion as to our current compliance with the TOV
fire code and TOV ordinances, Are there any pending TOV fire code reviews
or noncompliance TOV ordinance isssues related to this property that should
be brought to my attention? *
*It was previously my understanding that after Vail Resorts completed their
renovation work (spring 2005) at the property location, that the property
was in full compliance with all existing TOV fire codes and TOV ordinances.
I recently renewed a lease with Vail Resons that could extend for m long
as @ 3 3/4 years (determined by Vail Resorts ongoing negotiations with the
TOV regarding the development of Ever Vail, etc.). As a result, I had
assumed that the tenant (Vail Resorts) had successfully complied with all
of the TOV fire code ordinances and regulations. Apparently the Treetops
HOA and Vail Resorts are now under the impression that they no longer are in
current compliance with the TOV fire codes. In order t **o clarify this
situation, would you kindly either call me (303-589-624) or email me (+*
michaelihecht@gmail.comx <michaelihecht@amail.com>*) to advise me as to your
understanding of the 450 E. Lionshead Circle buildings current compliance
with the TOV fire codes - or lack thereoP *
+Once the current lease concludes with Vail Resorts (@ July 2011 - if all
lease options are exercised and the TOV continues to grant Vail Resorts an
exemption to conunue to temporarily utilize the first floor space as
"office related") then the distinct possibility exists that the 450 E.
Llonshead existing structure may be redeveloped (although there would be
numerous agreements to be reached between the Treetops HOA and 450 Bufalo
Properties, as well a the necessity of proceeding through the TOV approval
process including the PEC, DRB and the town council). *
*I am scheduled to attend the 2007 annual board meeting between the Treetops
HOA and 450 Buffalo Properties on Friday 12/28/07. As the above discussed
topic will be a primary agenda items for our meeting, any feedback /
information that you could provide to me prior to the meeting date would be
extremely beneficial and helpful. If you would like to meet with me in
person. or discuss this information on the phone I would be available to do
r'.
*I appreciate your time and effort in addressing this request. Best
regaros,
Michael Hecht
BuFfalo Properties Group, LLC
Vail, CO Queenstown, NZ Boulder, CO
303.s89.6234
michaelihecht(oomail.com *
tMichael Hecht
Buffalo Properties Group, LLC
Vail, CO Queenstown, Nz Boulder, CO
303.589.6234
michaelihecht@qmail.com+
a FI
Con f i rma t ion Report -Memory Send
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75 Sou|tr Froatagc R.oad
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co'lllijMTl EEVEIOPUE tT
Planning and Environmental Commisson
ACTION FORI|I
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 faxi970.479.2452
web: www.vailgov.com
Prcject Name: TEMPORY BUSINESS OFFICES
Project DescripUon:
Project Address:
Legal Description:
Parcel Number:
Comments:
PEC Number: PEC070040
FINAL APPROVAL FOR TEXT AMENDMENTS TO THE TEMPOMRY BUSINESS OFFICES
REGULATIONS
Participants:
OWNER VAIL COLOMDO MUNICIPAL BLDGO6/T4/2007
75 S FRONTAGE RD
VAIL
co 81657
APPLICANT BAILEY & PETERSON
1OB S. FRONTAGE RD
0617412007 Phone: 970-476-0092
STE 208
VAIL
co 81657
License: C000002169
75 S FRONTAGE RD WEST VAIL Location: 1ST FLOOR TREETOPS
Lot: A @B Block: 5D Subdivision: Vail Village Filing 1
2101-064-0000-3
TOWN COUNCIL APPROVAL 8/7107
BOARD/STAFF ACTION
Motion By;
Second By:
Vote:
Conditions:
MOFFET
GORDON
6-0-0
Action: APPROVED
Date of Approval: O8l IOl2007
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).
Cond: 113
All development applications submitted to the Town after the effective date of
Ordinance 26, Series 2006 shall be subject to the pending employee housing
regulations in whatever form they are finally adopted; provided, however, that if
the Town fails to adopt the pending employee housing regulations by April 15,2007,
this Ordinance shall not apply to such development applications.
Planner: Bill Gibson PEC Fee Paid: $1,300.00
Planning and Environmental Commission
Application for Review by the
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2128 fax: 97 0.479.2452
web: www,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 @nnot be accepted until all 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:
tr Rezoning tr Major Subdivision tr Minor Subdivision tr Exemption Plat E Minor Amendment to an SDD tr New Special Development District D Major Amendment to an SDD tr Major Amendment to an SDD
(n o exterior modifications)
Description of the Request:
Zoning Code Amendments
a,
F
o
\,
0
o
o
$1300 tr $1s00 tr $6s0 tr $6s0 tr $1000 tr $6000 tr soooo '{
$12s0 'D-
tr
Conditional Use Permit
Floodplain Modification
Minor Exterior Alteration
Major Exterior Alteration
Development Plan
Amendment to a Development Plan
Zoning Code Amendment
Variance
Sign Variance
%
$6s0
$400
$6s0
$800
$1s00
$2s0
$1300
$s00
$200
Location of the Proposal Loti p/A Block: d,/A Subdivision: r,,.1/A
Physical Address:,t/n
t"t"", no., I df e 6 y C Oo.r*Contact
Eagle Co. Assessor at 970-328-8640 for parcel no.)
Tnnina:
Name(s) of Owner(s):p/n
Mailing Address:
Owner(s) Signature(s):
Name of Applicant:
Mailing
E-mail Address:
Address:
)a'l co Phone: LtaG - a)9L
F"'"'8ff* f?es*cn".t No.,7V {/ ev'
Fax Uza - ati 7
,r)
cLu*sj '"*+
12-2-2: DEFINITIONS
OFFICE, TEMPORARY BUSINESS: An office for the conduct of general business and
serviceactivitiesfora|imiteddurationoftime
to accommodate the displacemenl of an
existing business office in within lhe Town of Vail due to redevelopmenl construction
aclivilies. fer insuranee agents' brekere' seeretarial er €lenegraphie serviees; er effiees
fer general business aetivities and lransaetiens; where sterage; sale; er displaf ef
lemperary business effiee ehall net inelude effieee ef real estate agente,
OFFICE, TEMPORARY BUSINESS: An oftice tor the conduct of general busrness
and service activities and transactions lor a limited time period to accommodate
the displacement of an existing busrness oftice within the Town of Vail due to
redevelopment construction activities.
12-16-7: USE SPECIFIC CRITERIA AND STANDARDS:
The following criteria and standards shall be applicable lo the uses listed below in
consideration of a conditional use permit. These criteria and standards shall be in
addition lo the criteria and findings required by Section 12-16-6 of this chapter.
A. Uses and Criteria:
14. Temporary Business Offices:
a. Otfices for real estate agents shall be excluded.
b. The storage, sale, or display of merchandise on the premises shall
occupy less than ten percent (10%) ot the otfice's tloor arca.
c. The business and service activities and transactions may only be
conducted for a limited time period, not to exceed three (3) years. The
Planning and Environmental Commission or Town Council, however, may
approve a time period longer than three (3) years, or extend an existing time
period, should the Commission or Council determine that special
circumstances or conditions exisf that waftant such an extended time
period.
d. A conditional use permit approval for a temporary business office shall be
reviewed by the Planning and Environmental Commission on an annual
basis to verity the applicant's compliance with the conditions of approval. lt
shall be the applicant's responsibility to submit applications to the Town of
Vail in a timely to initiate these annual reviews.
12-2-2: DEFINITIONS
OFFICE, TEMPORARY BUSINESS: An office for the conduct of general business and
service activities for a limited duration of time@
@ to accommodate the displacement of an
existing business office iF within the Town of Vail due to redevelopment construction
activities.
f€r general business a€tivities end kansa€tiensr wher€ storager sale; er display ef
OFFICE, TEMPORARY BUS/I{ESS: An office fot the conduct of genera, business
and service activities and transactions for a limited time period to accomnodate
the displacement of an existing business office within the Town of Vail due to
redevelopment construction activities.
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
addltion to the criteria and findings required by Section 1 2-16-6 of this chapter.
A. Uses and Criteria:
14. Temporary Business Offices:
a. Otrices for real estate agents shall be excluded.
b. The stonge, sale, or display of merchandise on the premises shall
occupy tess than ten percent (10yo) of the office's floor area'
c. Ilre business and seruice activities and transactions may only be
conducted for a limited time period,,not to exceed three (3) years. The
Ptanning and Environmental Commission or Town Council'hpyg may
apprcve a time period longer than three (3) years, or extend an existinq time
period, should the Commission or Council detemine that special
iircumstances or conditions exist that warrant such aA s{]tenSleg! time
period.
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rl
CrA
', Delel€dt genen y
TOWN OF VAIL, COLORADO Slatement
,1.*****************+*+*+**+****************r***+*+t*1.**+*+**+t*+*+*+*t+++t*++***++*+:i**'******
Statement Number: R070001389 Arnount: $1,300.00 07/30/200703:21 PM
Payment Method: Check Init: ,JS
Notation: 7411IBAIL,EY
PETBRSON
Permit No: PEC070040 Tl4)e: PEc-zoning code Amendmen
Parcel No: 2101-054-0000-3
Site Address: 75 S FRONTAGE RD VIEST VAIL
I,ocalion: 1ST FI,OOR TREETOPS
Totsal Fees: $1,300.00
Thj-a Palment: $1,300.00 Total AI-,Ir Pmts: $1,300.00 Balance: 50.00
{.******,i**+******+*********+***+**********1.***++**t*++++*a************+*t*1.*1.*t*,*l'*****t****
ACCOUNT ITEM LIST:
Account Code Description Current Pmta
PV OO1OOOO31125OO PEC APPLICATION FEES 1,300.00
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Town Council
Community Development Department
August 7,2007
Applicant:
Planner:
Vail Resorts, represented by Jay Peterson
BillGibson
il.
DESCRIPTION OF THE REQUEST
The applicant, Vail Resorts, is requesting a second reading of Ordinance 22, Series of
2007, an ordinance amending Section 12-2-2, Definitions, and Section 12-16-7, Use
Specific Criteria and Standards, Vall Town Code, to allow for amendments to the
regulation of temporary business offices, and setting forth details in regard thereto.
BACKGROUND
On November 16, 2004, the Vail Town Council adopted Ordinance No. 26, Series of
2004, to allow "Temporary Business Oftbes" on the first-floor of buildings within the
Lionshead Mixed Use 1 District. The purpose of this ordinance is to allow existing
Lionshead area office uses, which are displaced by the construction activities of
redevelopment projects, to be temporarily relocated within the Lionshead area.
On January 4, 2005, the Planning and Environmenlal Commission granted approval,
with conditions, of a conditional use permit for Vail Resort's temporary business offices
currently occupying the first-floor of the Treetops commercial building and the Concert
Hall Plaza Building. These approvals were subject to expire on January 24,2008.
On June 11,2007, the Planning and Environmental Commission granted extensions to
these approvals, contingent upon the Vail Town Council's adoption of text amendments
revising the Vail Town Code to allow for such e)densions by a vote of 4-1-1 .
On July 9,2007, the Planning and Environmental Commission held a public hearing to
review the proposed text amendments to allow for said extensions to the Treetops and
Concert Hall Plaza temporary business office conditional use permits. The Planning and
Environmental Commission forwarded a recommendation of approval, with
modifications, for the proposed amendments to the Town Council by a vote ol 3-2-1
(Cleveland and Jewitt opposed, Pierce recused).
oR/G/N4t
A ge'oucl
rslr^ ' G,.X
,A.. ya k
go{,'' C- O
Ordinance No. 22, Series of 2007, an ordinance amending Section 12-2-2,
Definitions, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town
Code, to allow for amendments to the regulation of temporary business offices,
and setting forth details in regard thereto. (PEC07-0040)
l[.
On July 17, 2007, the Vail Town Council approved Ordinance No. 22, Series of 2007, on
first reading, with a modification, by a vote of 5-2 (Newberry and Logan opposed). The
Council's modification to include text limiting an extension of a temporary business office
conditional use permit approval to three years has been integrated into the attached
ordinance. With an amended motion, the Council also chose to retain the existing text
(i.e. by use of the word "shall", not "may") that requires an annual review of all temporary
business office conditional use permit approvals.
Ordinance No. 22, Series of 2007, (Attachment A) has been attached for reference.
STAFF RECOMMENDATION
The Department of Community Development recommends the Vail Town Council
approve Ordinance No. 22, Series of 2007, on second reading to amend Section 12-2-
2, Definitions, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town
Code, to allow for amendments to the regulation of temporary business offices, and
setting forth details in regard thereto. Staffs recommendation is based upon the review
of the criteria noted in Section V of the July 9, 2007, staff memorandum to the Planning
and Environmental Commission and the evidence and testimony presented.
Should the Town Council choose to approve Ordinance No. 22, Series of 2007, on
second reading, the Department of Community Development recommends the Town
Council make the following findings:
"1. That the amendments are consrstent 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 review
outlined in Section V of the Staff's July 9, 2007, memorandum to the Planning
and Environmental Commission; and,
2. That the amendments fufther the general and specific purpose of the Zoning
Regulations based upon the review outlined in Section V of the Staffs July 9,
2007, memorandum to the Planning and Environmental Commission; and,
3. 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 review outlined in Section V of the Staff's July 9, 2007,
memorandum to the Planning and Environmental Commission."
AfiACHMENTS
A. Ordinance No. 22, Series of 2007
tv.
Attachment A
ORDINANCE NO.22
SERIES OF 2OO7
ORDINANCE NO. 22, SERIES OF 2007, AN ORDINANCE AMENDING SECTION 12.2.2,
DEFINITIONS, AND SECTION 12-16-7, USE SPECIFIC CRITERIAAND STANDARDS, VAIL
TOWN CODE, TO ALLOW FOR AMENDMENTS TO THE REGULATION OF TEMPORARY
BUSINESS OFFICES, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Planning and Environmental Commission of the Town of Vail has held
public hearings on the proposed amendments in accordance with the provisions of the Vail
Town Code; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail
recommended approval of these amendments at its July 9,2007 meeting, and has submitted its
recommendation to the Vail Town Council; and
WHEREAS, the Planning and Environmental Commission finds that the proposed
amendments are consistent with the applicable elements of the adopted goals, objectives and
policies outlined in the Vail Comprehensive Plan and are compatible with the development
objectives of the Town; and
WHEREAS, the Planning and Environmental Commission finds that the proposed
amendments promote the health, safety, morals, and general welfare of the Town and promote
the coordinated and harmonious development of the Town in a manner that conserves and
enhances its natural environment and its established character as a resort and residential
community of the highest quality; and
WHEREAS, the Vail Town Council considers it in the interest of the public health, safety,
and welfare to adopt these amendments to the Town Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL. COLORADO. THAT:
Section 't. The purpose of this ordinance is to amend the time limitation requirements
for temporary business offices. (Text that is to be deleted is striekea. Text that is to be added is
bold. Sections of text that are not amended may be omitted.)
Ordinance No. 22, Series of 2007
Section 2. Section 12-2-2 (in part) is hereby amended as follows:
OFFICE; TEMPORARY BUSINESS: An effiee fer the eenduet ef general business
ana serviee aetlvitie
insuranee agents; brekers; seeretarial er st€negraphi€ servi€es, er effiees fer general
ise
OFFICE, TEMPORARY BUSINESS: An office for the conduct of general
business and service activities and transactions for a limited time period to
accommodate the temporary displacement of an existing business office
within the Town of Vail due to redevelopment construction activities.
Section 3. Sub-Section 12-16-7-A (in part) is hereby amended as follows:
14. Temporary Business Offices:
a, Offices for real estate agents shall be excluded.
b. The storage, sale, or display of merchandise on the premises shall
occupy less than ten percent (10%) of the office's floor area.
c. Off street parking shall be provided in accordance with Chapter 10 of
this title.
d. Signage shall be provided in accordance Title 11 , Sign Regulations, of
this code.
e. The business and service activities and transactions of a temporary
business office may only be conducted for a limited time period, not to
exceed three (3) years. Unless the time period is limited to a shorter
duration, the approval of a conditional use permit for a temporary
business office shall expire and become void within three (3) years from
the initial date of approval.
The Planning and Environmental Gommission may grant a subsequent
extension to a conditional use permit approval to allow a temporary
business office to continue activities and transactions beyond the
original time period limit, if the Gommission determines special
circumstances and/or conditions exist to warrant such an extension. An
extension may only be granted for the minimum time period necessary
to facilitate specific redevelopment construction activities that achieve
the Town's goals, policies, and objectives, but in no event may such an
extension be allowed for more than three years without additional
review.
Ordinance No. 22, Series of 2007
f. A conditional use permit approval for a temporary business office shall
be reviewed by the Planning and Environmental Commission on an
annual basis to verify the applicant's compliance with the conditions of
approval.
Section 4. lf 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 5. 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 6. 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 7. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the e)dent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repea led.
Ordinance No. 22, Series of 2007
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE lN FULL ON FIRST READING this 17h day of July, 2007, and a public
hearing for second reading of this Ordinance set for the 7th day of August,2007, at 6:00 P.M. in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Rodney E. Slifer, Mayor
ATTEST:
Lorelei Donaldson. Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED
PUBLISHED lN FULL this 7th day of August, 2007
Rodney E. Slifer, Mayor
ATTEST;
Lorelei Donaldson, Town Clerk
4
Ordinance No. 22, Series of 2007
MEMORANDUM
Town Council
Community Development Department
F {e..t,*I 4e^J
,tot2.: {-7
rr..s {, crr.' t G<7
79 '' rto*-
TO:
FROM:
DATE:
SUBJECT:
il.
July 17,2007
Ordinance No. 22, Series of 2007, an ordinance amending Section 12-2-2,
Definitions, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town
Code, to allow for amendments to the regulation of temporary business offices,
and setting forth details in regard thereto. (PEC07-0040)
Applicant: Vail Resorts, represented by Jay Peterson Planner: Bill Gibson
DESCRIPTION OF THE REQUEST
The applicant, Vail Resorts, is requesting a first reading of Ordinance 22, Series ol 20O7,
an ordinance amending Section 12-2-2, Definitions, and Section 12-16-7, Use Specific
Criteria and Standards, Vail Town Code, to allow for amendments to the regulation of
temporary business offices, and setting forth details in regard thereto.
BACKGROUND
On November 16, 2004, the Vail Town Council adopted Ordinance No. 26, Series of
2OO4, to allow "Temporary Business Offices" on the first-floor of buildings within the
Lionshead Mixed Use 1 District. The purpose of this ordinance is to allow existing
Lionshead area office uses, which are displaced by the construction activities of
redevelopment projects, to be temporarily relocated within the Lionshead area.
On January 4, 2005, the Planning and Environmental Commission granted approval,
with conditions, of a conditional use permit for Vail Resort's temporary business offices
currently occupying the first-floor of the Treetops commercial building and the Concert
Hall Plaza Building. These approvals were subject to expire on January 24,2008.
On June 11,2007, the Planning and Environmental Commission granted extensions to
these approvals, contingent upon the Vail Town Council's adoption of text amendments
revising the Vail Town Code to allow for such extensions by a vote of 4-1-1 .
On July 9,2OO7, the Planning and Environmental Commission held a public hearing to
review the proposed text amendments to allow for said extensions to the Treetops and
Concert Hall Plaza temporary business office conditional use permits. The Planning and
Environmental Commission forwarded a recommendation of approval, with
modifications, for the proposed amendments to the Town Council by a vote of 3-2-1
(Cleveland and Jewitt opposed, Pierce recused). The recommended modifications have
been incorporated into Ordinance No. 22, Series of 2007 (Attachment C).
t
Ordinance No. 22, Series of 2007, (Attachment A), the staff memorandum to the
Planning and Environmental Commission dated July 9, 2007, (Attachment B), the draft
July 9, 2007, hearing Planning and Environmental Commission hearing minutes
(Attachment C), and the June 11, 2A07, hearing Planning and Environmental
Commission hearing minutes (Attachment D) have been attached for reference.
III. STAFF RECOMMENDATION
The Department of Community Development recommends the Vail Town Council
approve Ordinance No. 22, Series of 2007, on first reading to amend Section 12-2-2,
Definitions, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code,
to allow for amendments to the regulation of temporary business offices, and setting
forth details in regard thereto. Statfs recommendation is based upon the review of the
criteria noted in Section V of the July 9,20A7, staff memorandum to the Planning and
Environmental Commission and the evidence and testimony presented.
Should the Town Council choose to approve Ordinance No. 22, Series of 2007, on first
reading, the Department of Community Development recommends the Town Council
make the following findings:
"1. That the amendments are consisfent 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 Tawn based upon the review
outtined in Section V of the Staff's July 9, 2007, memorandum to the Planning
and Environmental Comm ission; and,
2. That the amendments furlher the general and specific purpose of the Zoning
Regulations based upon the review outlined in Section V of the Staff's July 9,
2007, memorandum to the Planning and Environmental Commission; and,
3. 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 conserues and enhances its natural environment and its
esfab/r'shed character as a resorf and residential community of the highest quality
based upon the review outlined tn Section V of the Staff's July 9, 2007,
memorandum to the Planning and Environmental Commission."
IV. ATTACHMENTS
A. Ordinance No. 22, Series of 2OO7
B. Staff memorandum to the PEC dated July 9, 2007
C. Draft July 9, 2007, PEC hearing minutes
D. June 11,2007 PEC hearing minutes
Attachment A
ORDINANCE NO.22
SERIES OF 2OO7
ORDINANCE NO. 22, SERIES OF 2007, AN ORDINANCE AMENDING SECTION 12-2-2,
DEFINITIONS, AND SECTION .I2-16-7, USE SPECIFIC CRITERIAAND STANDARDS, VAIL
TOWN CODE, TO ALLOW FOR AMENDMENTS TO THE REGULATION OF TEMPORARY
BUSINESS OFFICES, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Planning and Environmental Commission of the Town of Vail has held
public hearings on the proposed amendments in accordance with the provisions of the Vail
Town Code; and
wHEREAS, the Planning and Environmental commission of the Town of Vail
recommended approval of these amendments at its July 9,2007 meeting, and has submitted its
recommendation to the Vail Town Council; and
WHEREAS, the Planning and Environmental Commission finds that the proposed
amendments are consistent with the applicable elements of the adopted goals, objectives and
policies outlined in the Vail Comprehensive Plan and are compatible with the development
objectives of the Town; and
WHEREAS, the Planning and Environmental Commission finds that the proposed
amendments promote the health, safety, morals, and general welfare of the Town and promote
the coordinated and harmonious development of the Town in a manner that conserves and
enhances its natural environment and its established character as a resort and residential
community of the highest quality, and
WHEREAS, the Vail Town Council considers it in the interest of the public health, safety,
and welfare to adopt these amendments to the Town Code.
NOW. THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. The purpose of this ordinance is to amend the time limitation requirements
for temporary business offices. (Text that is to be deleted is strieken. Text that is to be added is
bold. Sections of text that are not amended may be omitted.)
Ordinance No. 22, Series of 2007
Section 2. Section 12-2-2 (in part) is hereby amended as follows:
gFFt€E TEMPORARY BUSINESS; An effiee fer the eenduet ef general business
and serviee aetivities fer a duratier sf tirne neFte exeeed three (3) years; subjeet te
ise
en the premises eeeupies less than t..en pereent ({ O%}ef+he fl€er area-^ temperary
OFFICE, TEMPORARY BUSINESS: An office for the conduct of general
business and service activities and transactions for a limited time period to
accommodate the temporary displacement of an existing business office
within the Town of Vail due to redevelopment construction activities.
Section 3. Sub-section 12-16-7-A (in part) is hereby amended as follows:
14. Temporary Business Offices:
a. Offices for real estate agents shall be excluded.
b. The storage, sale, or display of merchandise on the premises shall
occupy less than ten percent (10%) of the office's floor area.
c. Off street parking shall be provided in accordance with Chapter 10 of
this title.
d. Signage shall be provided in accordance Title 11, Sign Regulations, of
this code.
e. The business and service activities and transactions of a temporary
business office may only be conducted for a limited time period' not to
exceed three (3) years. Unless the time period is limited to a shorter
duration, the approval of a conditional use permit for a temporary
business office shall expire and become void within three (3) years from
the initial date of approval.
The Planning and Environmental Gommission may grant a subsequent
extension to a conditional use permit approval to allow a temPorary
business office to continue activities and transactions beyond the
original time period limit, if the Commission determines special
circumstances and/or conditions exist to warrant such an extension' ,An
extension may only be granted for the minimum time period necessary
to facilitate specific redevelopment construction activities that achieve
the Town's goals, policies, and objectives.
Ordinance No. 22, Sedes ot2007
f. A conditional use permit approvalfor a temporary business office shall
be reviewed by the Planning and Environmental Commission on an
annual basis to verify the applicant's compliance with the conditions of
apProval.
section 4. lf 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 5. The Town Council hereby finds, determines and declares that this
ordinance is necessary and properforthe health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 6. 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 7. 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.
Ordinance No. 22. Series of 2007
INTRODUCED. READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE lN FULL ON FIRST READING this 17th day of July, 2007, and a public
hearing for second reading of this Ordinance set for the 7th day of August, 2007 , at 6:00 P.M. in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Rodney E. Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 22, Series of 2007
TO:
FROM:
DATE:
SUBJECT:
Attachment B
MEMORANDUM
Planning and Environmental Commission
Community Development Department
July 9, 2007
A request for a final recommendation to the Vail Town Council for a text
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to
Section 12-2-2, Definitions, and Section 12-16-7, Use Specific Criteria and
Standards, Vail Town Code, to allow for amendments to the regulation of
temporary business offices, and setting forth details in regard thereto. (PEC07-
0040)
Applicant: Vail Resorts, represented by Jay Peterson
Planner: Bill Gibson
il.
SUMMARY
The applicant, Vail Resorts, represented by Jay Peterson, is requesting that the
Planning and Environmental Commission forwards a recommendation to the Vail Town
Council regarding proposed text amendments to Section 12-2-2, Definitions, and Section
12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments
to the regulation of temporary business offices, and setting forth detaib in regard thereto.
Based upon Staffs review of the criteria outlined in Section Vll of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forward a recommendation
of approval to the Vail Town Council for the proposed text amendments, subject to the
findings noted in Section V of this memorandum.
DESCRIPTION OF REQUEST
The applicant, Vail Resorts, is proposing amendment's to the Town's regulation of
"temporary business offices". The purpose of these text amendments is to allow Vail
Resorts to continue to operate "temporary business offices" within the Treetops and
Concert Hall Plaza buildings, beyond the 3 year time limit prescribed by the Vail Town
Code. The following is a summary of the proposed text amendments:
Deleted text is indicated with a s+ketn+eugh, and new text is bold
12-2-2: DEFINITIONS
OFFICE, TEMPORARY BUS/NESS: An office for the conduct of general
business and seruice activities for a limited duration of time netle-exeeedlhree
fgl years' sabjeet te an a
aammiesien te verW
to accommodate the displacement of an existing bustness office in within the
Town of Vail due to redevelopment construction activities. feHhsulance
agents, brokerc; eelreie.rie!
merchandise en the Bretfises
eree A tempaFary basinesE ffi
OFFICE, TEMPORARY AUSINESS: An oftice for the conduct of general
business and service activities and transactions for a limited time period
to accommodate the temporary displacement of an existing business otfice
within the Town of Vail due to redevelopment construction activities.
12-1&7: USE SPECIFIC CRITERILAND STANDARDS:
The following criteria and standards shall be applicable to the uses listed below
in consideration of a conditional use permit. These citeia and standards shall be
in addition to the criteria and findings required by Sectton 12-16-6 of this chapter.
A. Uses and Criteria:
14. Temporary Business Offices:
a. Offices for real estate agenfs shall be excluded.
b. The storage, sale, or display of merchandise on the premises sfiall
occupy less than ten percent (10%") of the officet floor area.
c. Off street parking shall be provided in accordance with Chapter 7o
of this title.
d. Signage shall be provided in accordance Title 17, Stgn
Regulations, of this cde.
e. The business and service activities and transactions may only be
conducted for a limited time period, not to exceed three (3) years.
The Planning and Environmental Commission may approve a time
period longer than three (3) years, or extend an existing time period,
should the Commission determine that specia/ circumstances or
conditions exist that warrant such an extended time period. The
Planning and Environmental Comrnission must determine that any
time period approved for longer than three (3) years is the minimum
time frame necessary to facilitate specific redevelopment
construction activities that achieve the Town's goals, policies' and
objectives.
f. A conditional use permit approval for a temporary business office
may be reviewed by the Planning and Environmental Commission on
an annual basis fo verify the applicant's compliance with the
conditions of approval.
|il.BACKGROUND
On November 16, 2OO4, the Vail Town Council adopted Ordinance No. 26, Series of
20O4, to allow "Temporary Business Ofibes" on the first-floor of buildings within the
Lionshead Mixed Use 1 District. The purpose of this ordinance is to allow existing
Lionshead area office uses, which are displaced by the construction activities of
redevelopment projects, to be temporarily relocated within the Lionshead area.
On January 4, 2005, the Planning and Environmental Commission granted approval,
with conditions, of a conditional use permit for Vail Resort's temporary business offices
currently occupying the first-floor of the Treetops commercial building and the Concert
Hall Plaza Building. These approvals were subject to expire on January 24,2008.
On June 11,2OO7, the Planning and Environmental Commission granted extensions to
these approvals, contingent upon the Vail Town Council's adoption of text amendments
revising the Vail Town Code to allow for such extensions.
APPLICABLE PLANNING DOCUMENTS
A. Title 12,Zoning Regulations, Vail Town Gode
CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part)
Section 1 2-1 -2: Purpose:
A. General: These regulations are enacted for the purpose of promoting the
health, safety, morals, and general welfare of the Town, and to promote the
coordinated and harmonious development of the Town in a manner that will
conserue and enhance its natural environment and its esfablshed character as a
resort and residential community of high qualtty.
B. Specific: These regulations are intended to achieve the following more specffic
purposes.'
1. To provide for adequate light, air, sanitation, drainage, and public
facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of
snow, and other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic
circulation and fo /essen congestion in the streets.
4. To promote adequate and appropiately located off-street parking and
loading facilities.
5. To conserue and maintain esfablshed commun$ qualities and
economic values.
6. To encourage a harmonious, convenient, workable relationship among
/and useq consisfent with Municipal development obiectives.
7. To prevent excessive population densdies and overcrowding of the
land with structures.
8. To safeguard and enhance the appearance of the Town.
9. To conserue and protect wildlife, sfreams, woods, hillsides, and other
desirable natural features.
tv.
10. To assure adequate open space, recreation opportunities, and other
ament?es and facitities conducive to desired living quafters'
11- To otherwise provide for the growth of an ordefly and viable
community.
ARTICLE 12-7H; LIONSHEAD MIXED USE 1 (LMU'I) DISTRIGT (in part)
Section I 2-7H-1 : Purpose:
The Lionshead Mixed IJse 1 Distict is intended to provide sites for a mixture of
muttipte-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge
dwelling units, restaurants, offices, skier services, and commercial
establishments in a clustered, unified development. Lionshead Mixed Use 1
District, in accordance with the Lionshead Redevelopment Master Plan, is
intended {o ensure adequate light, air, open space and other amenities
appropriate to the permitted typeA of buitdings and aseS aid to naintaln the
desirable qualities of the District by establishing appropriate site development
standards. Thjs Districf is meanf to encourage and provide incentives for
redevelopment in accordance with the Lionshead Redevelopment Master Plan.
This Zone Districf was specifically developed to provide incentives far properties
to redevelop. The uftimate goal of these incentives is to creale an economically
vibrant todging, housing, and cammercial core area. The incentives in this Zone
District inciude i'hcreases in allowable gross restdential floor area, building height,
and density over the previously esfabfished zoning in the Lionshead
Redevelopment Master PIan study area. The primary goal of the incentives is ta
create economic conditions favonble to inducing private redevelopment
consrsfenf with the Lionshead Redevelopment Master Plan. Additionally, the
incentives are created to help finance public off-site improvements adiacent to
redev el op m ent p rojects. With a ny deve I op m e nUredevel opm ent p roposa I taking
advantage of the incentives created herein, the following amenities will be
evaluated: streetscape improvements, pedestrian/biqrcle accesg public plaza
redevelopment, public art, roadway improvements, and similar improvements.
Ghapter 12-16: CONDITIONAL USES PERMITS (in part)
Section 1 2-1 61 : Purpose; Limitations
ln order to provide the flexibility necessary to achieve the ob1'ectives of this title,
specified uses are permifted in certain districts subiect to the granting of a
conditionat use permit. Because of their unusual or special characteristics,
conditional uses require review so that they may be located properly with respect
to the purposes of fhrs titte and with respect to their eftects on sunounding
propefties. The review process prescibed in this chapter is intended fo assure 'compatibility and harmonious development between conditional uses and
sunounding properties in the Town at larye. Uses /lsfed as conditional uses tn
the various drstnbts may be permitted subject to such conditions and limitations
as the Town may prescribe to insure that the location and operation of the
conditional uses w/l be in accordance with the development obiectives of the
Town and will not be detrimental to other uses or properties. Where conditions
cannot be devised, to achieve these obiectives, applications for conditional use
permits sha// be denied.
I
V.
B. Lionshead Redevelopment Master Plan
2.3.1 Renewal and RedeveloPment
Lionshead can and should be renewed and redevelopment to become a warmer,
more vibrant environment for guests and residenfs. Lionshead needs an
appealing and coherent identity, a sense of place, a personality, a purpose, and
an improved aesfhetic character.
2.3.2 Vitalitv and Amenities
We must seize the opportunity to enhance guest experience and community
interaction through expanded and additional activities and amenities such as
pertorming art venues, conference facilities, ice rinks, streetscape, parks and
other recreational improvements.
CRITERIA AND FINDINGS
Consideration of Factors Reqardinq the Text Amendment:
1. The extent to which the text amendment furthers the general and specific
purposes of the Zoning Regulations; and
Staff believes the proposed text amendments will provide the Planning and
Environmental Commission more flexibility and discretion in regulating temporary
business offices to achieve the zoning regulation's purpose of promoting
coordinated and harmonious development. The proposed text amendments will
allow the Commission the ability to review the time frame for a temporary
business office on a case-by-case basis in response to the specific
circumstances of the request. Therefore, Staff believes the proposed text
amendments further the general and specific purposes of Title 12.
2. The extent to which the text amendment would better implement and befter
achieve the applicable elements of the adopted goals, objectives, and
policies outlined in the Vail Gomprehensive Plan and is compatible with the
development objectives of the Town; and
The proposed text amendments will simplify the definition of the term "temporary
busrness office"in Chapter 12-2, Definitions, Vail Town Code, and will relocate the
specific regulations applied to temporary business offices to Chapter 12-16'
Conditional Use Permits, Vail Town Code. Staff believes this format is more
consistent with zoning code's regulation of other conditional uses than the existing
text. Staff believes this consistency will make the zoning cpde clearer and easier
to use, thus better implementing the policies associated with temporary business
offices.
Staff believes the proposed text amendments will provide the Planning and
Environmental Commission more flexibility and discretion in regulating temporary
business offices to achieve the Town's redevelopment objectives. The proposed
text amendments will allow the Commission the ability to review the time frame for
a temporary business offlce on a case-by-case basis in response to the specific
circumstances of the request. Staff believes the proposed text amendments will
therefore befter implement and better achieve the applicable elements of the
vl.
adopted goals, obiectives, and policies outlined in the Vail Comprehensive Plan
and are compatible with the development objectives of the Town'
3. The extent to which the text amendment demonstrates how conditions
have substantially changed slnce the adoption of the subject regulation
and how the existing regulation is no longer appropriate or is inapplicable;
and
The Town's regulations for temporary business offices were originally adopted in
November of 2004, at the very beginning of Vail's "Billion Dollar Renewal".
These original regulations were adopted in response to an issue that was not
anticipated prior to the beginning of the significant redevelopment projects such
as the Lionshead core site (i.e. Arrabelle). Staff believes the proposed text
amendments are another example of adapting to the changing redevelopment
scenarios within the Town of Vail.
4. The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use regulations consistent
with municipal development objectives.
Staff supports the policy of limiting the duration of a temporary business office
conditional use permit to a specific and consistent time frame; however, Staff
also believes flexibility and discretion should be afforded to the Ptanning and
EnVirOnmental Commission to evaluate such applications on a case-by-case
basis in response to the specific circumstances of the request. Staff believes
that the proposed text amendments will facilitate and provide a harmonious,
convenient, workable relationship among land use regulations that are consistent
with the Town of Vail master plans and development obiectives-
5. Such other factors and criteria the Gommission and/or Gouncil deem
applicable to the proposed text amendment.
STAFF RECOMMENDATION
The Community Development Department recommends that the Planning_and
Environmental Commission forwards a recommendation of approval to the Town
Council for amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to
Section 12-2-2, Definitions, and Section 12-16-7, Use Specific Criteria and Standards,
Vail Town Code, to allow for amendments to the regulation of temporary business
offices, and setting forth details in regard thereto. (PEC07-0040)
Staff's recommendation is based upon the review of the criteria in Section V of this
memorandum and the evidence and testimony presented. Should the Planning and
Environmental Commission choose to recommend approval of the proposed
amendments; Staff recommends that the following findings be incorporated into a
motion:
"1 . That the amendmenfs are consrstenf with the applicable elements of the adopted
goals, objectives and policies outlined in the Vail Comprehensive PIan and is
compatible with the development obiectives of the Town, and
2. That the amendments further the genenl and specific purpose of the Zoning
Regulations; and
3. Thatthe amendments promote the haafth, nfety, morals, and genenl welfare of the
Town and promote the coordinated and harmonious development of the Town in a
manner that conserues and enhances ifs nafural environment and its establisfied
character as a resoft and residential e'ommunity of the highest quaw-"
*m
Attachment C
PLANNING AND E.".vTRONMENTAL COMMISSION
PUBLIC MEETING
July 9, 2007
1:00pm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
MEMBERS PRESENT MEMBERSABSENT
Dave Viele Anne Gunion
Rollie Kjesbo
Dick Cleveland
BillJewitt
Michael Kurz
Bill Pierce (recused himself on items 1, 2, and 3 due to a conflict of interest and then departed at
approximately 1 :05 p.m.)
SITE VISITS
There were no site visits.
. 15 minutes
fl t. A request for a final recommendation to the Vail Town Council for a text arnendment, pursuant to
,P Sectibn 12-g-7, Amendment, VailTown Code, to Section 12-2-2, Definitions, and Section 12-16-- I 7, Use Specific Criter:ia and Standards, Vail Town Code, to allow for amendments to the
regulation of temporary business offices, and setting forth details in regard thereto. (PEC07-
0040)
Applicant Vail Resorts, represented by Jay Peterson
Planner: Bill Gibson
ACTION: Recommendation of approval with modifications
MOTION: Viele SEGOND: Kurz VOTE: 3-2'1 (Gleveland and
Jewitt opposed, Pierce recused)
1. The text shall be modified so an extension may be granted for an approved temporary
business office, but the initial approval may not exceed three years.
2. An annual review of a temporary business office by the PEG "shall" be required, rather
than "maf' be required.
Bill Gibson gave a presentation per the staff memqrandum.
Jay Petersen, representing the applicant, made himself available to answer questions.
Kaye Ferry, had a procedural question regarding why this application was before the Planning
and Environmental Commission.
Bill Gibson answered her question.
Dick Cleveland expressecl concern over the elimination of the three year time frame, which he
believed was appropriate. However, he noted that the PEC should have the abitity to approve
longer time periods if mnditions warranted. He expressed some concern about the lack of
specific criteria by which to review and approve an extension for more than three years.
Rollie Kjesbo expressed concern that the extension requested for the office space was not
adequate understanding the approval and construction of Ever Vail and North Day Lot will likely
take several years to comPlete.
Page 1
Dave Viele expressed concern that the offices would not return if they were rfu
Vail.
Michael Kurz expressed support for the amendment with the changes Dick Cleveland discussed.
Bill Jewitt expressed his opposition to the proposal as his belief that the proposal did not comply
with the review criteria
20 minutes
2. A request for a worksession to discuss a major amendment to a Special Development District
(SDD), pursuant to Section 12-gA-10, Amendment Procedures, Vail Town Code, to allow for an
imenbment to Special Development District No. 17, Ramshorn, to allow for the
redevelopment of iamshorn Lodge, located at 416 Vail Valley Drive/Block 3, Vail Village Sth
Filing and Tract F-1, Vail Village Filing S, and setting forth details in regard thereto. (PEC07-
0038)
Applicant Ramshorn Lodge, represented by Pylman & Associates, Inc.
Planner: Scot Hunn
AGTION: Tabled to June 23,2OO7
MOTION: Gleveland SEGOND: Viele VOTE: 5-0-1 (Pierce recused)
Scot Hunn gave a presentation per the staff memorandum.
Rick Pylan, representing the Ramshorn, gave a presentation regarding the conceptual nature of
the proposal, summarizing of the history of the property, including rental tistory. Rick described
the general history of certain amendments to Public Accommodation (PA) zoning regulations,
anO ine property, ielative conformance to existing zoning requirements and the 1987 approval of
SDD No. 17. -Rick
further discussed the desires of the Owners to work within the existing
structure by adding a fourth floor and some additional bump outs for certain existing units. The
redevelopment will include a new fire sprinkler system, larger lobby, and elevators.
Todd Dunzee, with Fritzlen Pierce Architects, representing the applicant, gave a presentation of
the conceptual floor plans and elevations.
Jim Lamont, Vail Village Homeowners Association, asked about what public benefits were being
proposed.
Rick Pylman stated that they were looking for suggestions on what public benefits should be
provided.
Bill Jewitt, stated that he feels a public benefit should truly benefit the public. Relative to
proposed improvements to existing sidewalks and removal of certain trees next to or within the
public right of way, improvements to roads should be coming out of the general fund not be
consider-ed public-benefit of an individual project. He further commented that improvements to
sidewalks, crossings and widening of the road to provide safer conditions for cyclists will be
encouraged. Bill expressed some concern regarding the plans, suggesting that the applicant
study breaking up the roof line. Parking a will be a concern.
Rollie Kjesbo asked to be provided with details of the Tivoli SDD and the public benefit they
provided. Would like to keep height for Rams-Horn no higher than the approved height of the
Tivoli. Employee housing on site is always good.
Page2
Attachment D
PLANNING AND ENVIRONMENTAL COMMISSION
PUBLIC MEETING
June 11,2007
1:00pm
TOWN COUNCIL CHAMBERS / PUBLIG WELCOME
MEMBERS PRESENT
Dick Cleveland
Anne Gunion
BillJewitt
Michael Kuz
Rollie Kjesbo arrived at 1:05
Bill Pierce arrived at 1:10
David Viele arrived at2:0O
Site Visits:
None
10 minutes
1. A request for a final review of a conditional use permit, pursuant to Section 12-6E-3, Conditional
Uses, Vail Town Code, to allow for a business office, located at 950 Red Sandstone Road, Units
$, 4:4 and 458 (Potato Patch Clubhouse)/Potato Patch Club Condominiums, and setting forth
details in regard thereto. (PEC07-0026)
Applicant: Booth Creek Management Corporation
Planner: Bill Gibson
ACTION: Approved with condition(s)
MOTION: Cleveland SECOND: Gunion VOTE: 5-0-0
located within the existing 38 spaces
shall be maintained separate from the
MEMBERS ABSENT
1. The sale of merchandise is prohibited.
2. The parking for the business office shall be
located west of the clubhouse building and
areas designated for residential parking.
3. No overnight parking or storage of commercial vehicles associated with the business
office use shall be Permitted'
4, The number of employees allowed in the business office shall not exceed 23 (i'e' one
employee for each two hundred square feet of net floor area)'
Bill Gibson gave a presentation per the staff memorandum.
Henry Pratt, representing the applicant, was available for questions'
The Commissioners expressed support for the application.
There was no public comment.
15 minutes
2. A request for a final recommendation to the Vail Town Council for a zone district boundary
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to zone the property
commonly refened to as 'Timber Ridge Apartments" to the Housing (H) District, located at 1280
North Frontage Road/Lots C1, C2, Cg, Ca, and C5, Lions Ridge Filing 1, and setting forth details
in regard thereto. (PEC07-0029)
Page 1
Applicant: Town of Vail
Planner: George Ruther
ACTION: Recommendation of Approval
MOTION: Kjesbo SECOND: Cleveland VOTE: 7-0-0
George Ruther gave a presentation per the staff memorandum.
Anne Gunion asked for clarification on the charts and tables at the end of the memorandum.
Dick Cleveland stated that when this property was purchased, it was intended to be redeveloped
w1h employee housing. He expressed concern about the openness of the Housing District,
however, there are several additional layers of review with which he is comfortable.
10 minutes
A request for a final review of a conditional use permit, pursuant to Section 12-7H-3, Permitted
and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a temporary
business office located at 616 West Lionshead Circle (Concert Hall Plaza Building), Lionshead
Filing 4, and setting forth details in regard thereto. (PEC07-0032)
Applicant: Vail Resorts, represented by Jay Peterson
Planner: Bill Gibson
ACTION: Approved with condition(s)
MOTION: Kjesbo SEGOND: Kurz VOTE: 4-1-1 (Jewitt opposed
and Pierce Recused)
1. This conditional use permit for a temporary business office, located at 616 W'
Lionshead Circle (Concert Halt Plaza Building) shall be valid until January 24,2009.
2. The applicant (or associated users of the Concert Hall office spaces) shall ensure that
the parking access and availability for Landmark Townhomes is never impeded.
Discontent related to parking on behalf of Landmark shall be reason for the applicant
to erect a gate to discontinue such impediment, subject to approval of a design review
application.
3. This conditional use permit approval is contingent upon the Town Council's adoption
of an ordinance amending the definition of a "temporary business office" in Section
12-2-2, VailTown Code.
Items 3 and 4 were read into the record and reviewed concurrently.
Bill Pierce recused himself.
Bill Gibson gave a presentation per the staff memorandum.
Jay Peterson presented an overview of the proposal and how conditions had changed since the
initial conditional use permit approval in 2005.
Kaye Ferry asked why the extension was needed.
Jay Petersen, representing the applicant, explained how conditions have changed, including how
the office proposal for the North Day Lot has been delayed, and how the new Ever Vail project is
now the preferred permanent location for these office uses.
Kaye Ferry stated that she has received several requests each week looking for retail locations.
She believes there is currently high demand for retail tenant space.
Page 2
'l
Dick Cleveland asked about the current lease expirations.
Dick Cleveland opposed changing the definition of temporary office. He was conflicted between
trying to keep Mountain Operations in Town and returning the space to retail.
Rollie Kjesbo believed that as a part of the original approval, the office was suppose to go into
the Arrabelle.
Anne Gunion reviewed the definition of a Temporary Business Office, and believed it was difficult
to approve an extension.
Brian McCartney explained that the office space is now proposed to go into the Ever Vail project.
Michael Kuz asked how many employees were housed in theses offices.
Brian McCartney stated that 50 to 60 people were working in these offices.
Bill Jewitt expressed that there was a need for retail and retail would come back to places like
Treetops and Concert Hall Plaza if it were available. He does not believe the definition allows for
the extension of the past three years.
10 minutes
A request for a final review of a conditional use permit, pursuant to Section 12-TH-3, Permitted
and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a temporary
business office, located at 450 East Lionshead Circle (Treetops Building), Lot 6, Vail Lionshead
Filing 1, and setting forth details in regard thereto. (PEC07-0031)
Applicant: Vail Resorts, represented by Jay Peterson
Planner: Bill Gibson
ACTION: Approvedwithcondition(s)
MOTION: Kjesbo
and Pierce recused))
VOTE: 4-1-1 (Jewitt opposed
1. This conditional use permit for a temporary business office, located at 450 East
Lionshead Gircle (Treetops commercial building), shall be valid until January 24, 2009.
2. This conditional use permit approval is contingent upon the Town Gouncil's adoption
of an ordinance amending the definition of a "temporary business office" in Section
72-2-2, Vail Town Gode.
Items 3 and 4 were read into the record and reviewed concurrently.
10 minutes
5. A request for a final recommendation to the Town Council for a prescribed regulations
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for modifications
to Section 12-64,-9, Site Coverage, Vail Town Code (Hillside Residential District), to increase
aflowable site coverage from 15% lo 20o/o, and setting forth details in regard thereto. (PEC07-
0013)
Applicant: Spraddle Creek Estates Homeowners Association, represented by Dave Kaselak of
Zehren and Associates
Planner: WarrenCampbell
ACTION: Approved
MOTION: Kjesbo SECOND: Viele VOTE: 5-1-1 (Cleveland
opposed and Gunion recused)
Items 5 and 6 were read into the record and reviewed concurrently'
SEGOND: Kurz
Page 3
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
^tu uD
,)t \y'"-$$
"i'
,.rV U/
-
il.
July 9, 2007
A request for a final recommendation to the Vail Town council for a text
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code' to
section 12-2-2, Definitions, and section 12-16-7, Use Specific criteria and
Standards. Vail Town code, to allow for amendments to the regulation of
temporary business offices, and setting forth details in regard thereto. (PEC07-
0040)
Applicant: Vail Resorts, represented by Jay Peterson
Planner: Bill Gibson
SUMMARY
The applicant, Vail Resorts, represented by Jay Peterson, is requesting that the
plannini and Environmental Commission forwards a recommendation to the Vail Town
Council-regarding proposed text amendments to Section 12-2-2, Definitions, and Section
12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments
to the regulation of temporary business offices, and setting forth detrails in regard thereto.
Based upon Staffs review of the criteria outlined in Section Vll of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forward a recommendation
of approval to the Vail Town Council for the proposed text amendments, subject to the
findings noted in Section V of this memorandum.
DESCRIPTION OF REQUEST
The applicant, Vail Resorts, is proposing amendment's to the Town's regulation of
"temporary business offices'. The purpose of these text amendments is to allow Vail
Resorts to continue to operate 'temporary business offices" within the Treetops and
Concert Hall Plaza buildings, beyond the 3 year time limit prescribed by the Vail Town
Code. The following is a summary of the proposed text amendments:
Deleted text is indicated with a str'ikethr€ugh, and new text is bold
12-2-2: DEFINITIONS
OFFICE, TEMPORARY EUSINESS: An office for the conduct of genenl
buslness and service activities for a limited duration of time aeta+sxeeedahree
(4 years; subjeet te an annaal review by the planning and envirenmental
to accommodate the displacement of an existing Dusiness office ia within the
Town of vail due to redevelopment construction activities. {oilasarca6e
agents; brel<elrq eeerekr
merenangise en the Brem
OFFICE, TEMPORARY BUSUVESS; An office for the conduct of general
business and service activities and transactions for a limited time period
to accommodate the temporary displacement of an existing business office
within the Town of Vail due to redevelopment construction activities.
12-16-7: USE SPECIFIC CRITERIA AND STANDARDS:
The following criteria and standards shall be applicable fo fhe uses listed below
in consideration of a conditional use permit. These criteria and standards shall be
in addition to the criteia and findings required by Secfion 12-16.6 of this chapter.
A. Uses and Criteria:
14. Temporary Business Otfices:
a. Offices for real eslafe agenfs shall be excluded.
b. The storage, sale, or display of merchandise on the premises shall
occupy less ffian ten percent (107') of the office's floor area.
c. Off street parking shall be provided in accordance with Chapter 10
of this title.
d. Signage shall be provided in accordance Title 77, Stgn
Regulations, of this code.
e. The business and senrice activities and transactions may only be
conducted for a limited time period, not to exceed three (3) years.
The Planning and Environmental Commission may apqrolltrtitre
ertend an existing time Period,
should the Commission determine that special circumstances or
conditions exist that warrant such an ertended time period. The
Planning and Environmental Commission must determine that any
time period approved for longer than three (3) years is the minimum
time frame necessa4f to facilitate specific redevelopment
construction activities that achieve the Town's goals, policies, and
objectives.
f. A conditional use permit approval for a temporary business office
--azy+e reviewed by the Planning and Environmental Commission on
an annual basis fo verify the applicant's compliance with the
conditions of approval.
4@
,
ar
I1I. BACKGROUND
On November 16,2004, the Vail Town Council adopted Ordinance No. 26, Series of
2OQ4, to allow "Temporary Business Offces" on the first-floor of buildings within the
Lionshead Mixed Use 1 District. The purpose of this ordinance is to allow existing
Lionshead area office uses, which are displaced by the construction activities of
redevelopment projects, to be temporarily relocated within the Lionshead area.
On January 4, 2005, the Planning and Environmental Commission granted approval,
with conditions, of a conditional use permit for Vail Resort's temporary business offices
currently occupying the first-floor of the Treetops commercial building and the Concert
Hall Plaza Building. These approvals were subject to expire on January 24,2008.
On June 11,2007, the Planning and Environmental Commission granted extensions to
these approvals, contingent upon the Vail Town Council's adoption of text amendments
revising the Vail Town Code to allow for such extensions.
IV. APPLIGABLE PLANNING DOCUMENTS
A. Title 12, Zoning Regulations, Vail Town Code
CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part)
Section 1 2-1 -2: Purpose:
A. General: These regulations are enacted for the purpose of promoting the
health, safety, morals, and general welfare of the Town, and to promote the
coordinated and harmonious development of the Town in a manner that will
conserue and enhance its natural environment and its esfablished character as a
resoft and residential community of high quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes;
1. To provide for adequate light, air, sanitation, drainage, and public
facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of
snow, and other dangerous condr?ions.
3. To promote safe and efficient pedestrian and vehicular traffic
circulation and to lessen congestion ln the sfreets.
4. To promote adequate and appropiately located off-street parking and
loading facilities.
5. To conserue and maintain esfab/ished community qualities and
economic values.
6. To encourage a harmonious, convenient, workable relationship among
/and uses, consisfenf with Municipal development objectives.
7. To prevenl excessrVe population densffires and overcrowding of the
land with sfrucfures.
8. To safeguard and enhance the appearance of the Town.
9. To conserve and protect wildlife, sfreams, woods, hillsides, and other
d e si rable n atu ra I featu re s.
10. To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable
community.
ARTfCLE 12-TH: LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT (in part)
Section 1 2-7H-1 : Purpose:
The Lionshead Mixed Use 1 District is intended to provide sdes for a mirture of
multiple-family dwellings, lodgeg hotels, fractional fee clubs, time shares, lodge
dwelling unifs, restaurants, offces, skier services, and commercial
establishments in a clustered, unified development. Lionshead Mixed Use I
District, in accordance with the Lionshead Redevelopment Master Plan, is
intended to ensure adequate light, air, open space and other amenities
appropriate to the permitted types of buildings and uses and to maintain the
desirable qualities of the District by esfab/ishing appropriate site development
sfandards. This District is meant to encourage and provide incentives for
redevelopment in accordance with the Lionshead Redevelopment Master Plan.
This Zone Drsfnbf was specifically developed to provide incentives for propefties
to redevelop. The ultimate goal of these incentives is to creafe an economically
vibrant lodging, housing, and commercial core area. The incentives in this Zone
District include increases in allowable gross residential floor area, building height,
and density over the previously established zoning in the Lionshead
Redevelopment Master Plan study area. The primary goal of the incentives is to
create economic conditions favorable to inducing private redevelopment
consisfent with the Lionshead Redevelopment Master Plan. Additionally, the
incentives are created to help finance public off-site improvements adjacent to
redevelopment projects. With any developmenVredevelopment proposal taking
advantage of the incentives created herein, the following amenities will be
evaliated: streetscape improvements, pedestrian/bicycle accesq public plaza
redevelopment, public art, roadway improvements, and similar improvements.
Ghapter 12-16: GONDITIONAL USES PERMITS (in part)
Secfion 12-1G1: Purpose; Limitations
ln order to provide the flexibility necessary to achieve the obiectives of this title,
specified uses are permitted in ceftain drstricfs subiect to the granting of a
conditional use permit. Because of their unusual or special characteistics,
conditional uses regutue review so that they may be located properly with respect
to the purposes of this title and with respect to their effecfs on surrounding
properties. The review process prescribed in this chapter is intended to assure
compatibility and harmonious development between conditional uses and
sunounding properties in the Town at large. Uses fisfed as conditional uses ih
the various districts may be permifted subject to such conditions and limitations
as the Town may prescribe to insure that the location and operation of the
conditional uses will be in accordance with the development objectives of fhe
Town and will not be detimental to other r.rses or properties. Where conditions
cannot be devised, to achieve these objectives, applications for conditional use
permits shall be denied.
v.
B. Lionshead Redevelopment Master Plan
2.3.1 Renewal and Redevelopment
Lionshead can and should be renewed and redevelopment to become a warmer,
more vibrant environment for guesfs and residents. Lionshead needs an
appealing and coherent identtty, a sense of place, a personality, a purpose, and
an improved aesthetic character.
2.3.2 Vitalitv and Amenities
We must seize the oppoftunity to enhance guest experience and community
interaction through expanded and additional activities and amenities such as
performing art venues, conference facilities, ice rinks, sfreetscape, parks and
other recreational improvements.
CRITERIAAND FINDINGS
Consideration of Factors Reqardino the Text Amendment:
1. The extent to which the text amendment furthers the general and specific
purposes of the Zoning Regulations; and
Staff believes the proposed text amendments will provide the Planning and
Environmental Commission more flexibility and discretion in regulating temporary
business offices to achieve the zoning regulation's purpose of promoting
coordinated and harmonious development. The proposed text amendments will
allow the Commission the ability to review the time frame for a temporary
business office on a case-by-case basis in response to the specific
circumstances of the request. Therefore, Staff believes the proposed text
amendments further the general and specific purposes of Title 12.
' 2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and
policies outlined in the Vail Comprehensive Plan and is compatible with the
development objectives of the Town; and
The proposed text amendments will simplify the definition of the term lemporary
buslness office"in Chapter 12-2, Definitions, Vail Town Code, and will relocate the
specific regulations applied to temporary business offices to Chapter 12-16,
Conditional Use Permits, Vail Town Code. Staff believes this format is more
consistent with zoning mde's regulation of other conditional uses than the existing
text. Staff believes this consistency will make the zoning code clearer and easier
to use, thus better implementing the policies associated with temporary business
offices.
Staff believes the proposed text amendments will provide the Planning and
Environmental Commission more flexibility and discretion in regulating temporary
business offices to achieve the Town's redevelopment objectives. The proposed
text amendments will allow the Commission the ability to review the time frame for
a temporary business office on a case-by-case basis in response to the specific
circumstances of the request. Staff believes the proposed text amendments will
therefore better implement and better achieve the applicable elements of the
vl.
adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan
and are compatible with the development objectives of the Town.
3. The extent to which the text amendment demonstrates hour 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 Town's regulations for iemporary business offices were originally adopted in
November o1 2O04, at the very beginning of Vail's "Billion Dollar Renewal".
These original regulations were adopted in response to an issue that was not
anticipated prior to the beginning of the significant redevelopment projects such
as the Lionshead core site (i.e. Anabelle). Statr believes the proposed text
amendments are another example of adapting to the changing redevelopment
scenarios within the Town of Vail.
4. The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use regulations consistent
with municipal development objectives'
Staff supports the policy of limiting the duration of a temporary business office
conditional use permit to a specific and consistent time frame; however, Staff
also believes flexibility and discretion should be afforded to the Planning and
Environmental Commission to evaluate such applications on a case-by-case
basis in response to the specific circumstances of the request. Staff believes
that the proposed text amendments will facilitate and provide a harmonious,
convenient, workable relationship among land use regulations that are consistent
with the Town of Vail master plans and development obiectives.
5. Such other factors and criteria the Gommission and/or Gouncil deem
applicable to the proposed text amendment.
STAFF RECOMMENDATION
The Community Development Department recommends that the Planning-and
Environmental Commission fOrwards a recommendation of approval to the Town
Council for amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to
Section 12-2-2, Definitions, and Section 12-16-7, Use Specific Criteria and Standards,
Vail Town Code, to allow for amendments to the regulation of temporary business
offices, and setting forth details in regard thereto. (PEC07-0040)
Staff's recommendation is based upon the review of the criteria in Section V of this
memorandum and the evidence and testimony presented. Should the Planning and
Environmental Commission choose to recommend approval of the proposed
amendments; Staff recommends that the following findings be incorporated into a
rnotion:
"1. That the amendmenls 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 obiectives of the Town, and
2. That the amendments turher the genenl and specific purpose of the Zoning
Regulations; and
3. That the amendments prornote the heatth, nfety, morcts, and general welfare ot the
Town and prcmote the coordinated and harmonious development of tha Town in a
manner that conserves and enhancgs ils natunl environment and its eslabfsfied
ehancter as a rcsod and residential cvnmunity of the highest qualrty."
D ep art m ent of C ommunity D ev elopment
75 South Frontage Road
Vail, Colorado 81657
970-479-2I38
FAX 970-479-2452
www.vailgov.com
Coldwell Bankers Timberline
c/o Peter Pappengelis
286 Bridge Street
Vail, CO 81657
October 7.2004
Re: Treetoos Commercial Buildinq located at 450 East Lionshead Circle/Lot 6. Vail Lionshead Filinq 1
Mr. Pappengelis,
This letter is in response to your inquiry regarding the locating of a Starbucks coffee shop in the
Treetops commercial building. The property is located within the Lionshead Mixed Use-1 Zone District
which does list eating and drinking establishments as a permitted use on the first floor or pedestrian
level, Section 12-7H-3(B), Vail Town Code. An eating and drinking establishment is required per
Section 12-10-10(A), Vail Town Code, to provide 1.0 parking space per each 250 square feet of seating
floor area. You must demonstrate that the required amount of parking is available when submitting
your application.
An eating and drinking establishment located in the Lionshead Mixed Use-1 Zone District would be
permitted a maximum of a six square foot sign projecting or hanging sign. In addition there are
opportunities for window signage which is permitted to be 15% of the area in which the sign is placed.
Please review the Sign Code, Chapter 11-6, Vail Town Code, for more specifics on the signage
req u irements.
A Design Review application must be submitted for all new signage and any exterior changes to the
building. Please find the Design Review sign and exterior alteration applications attached. Complete
Design Review Applications can take a maximum of four weeks to proceed through the approval
process if they must go before the Design Review Board for public review.
Building Permits for any work inside or outside of the structure must be submitted after Design Review
Approval has been granted. Currently, it can take up to six weeks for building permits to be reviewed
and issued.
Please review these comments and if you have any questions regarding this letter please contact me at
970-479-2148.
with
iij
regards,
Warren Campbell
Senior Planner
Cc: File
{! o""""'"' "'"""
Department of Community Development
75 South Frbntage Road
Vail, Colorado 81657
970-479-2138
FAX 970-479-2452
www.vailgov.com
Fritzlen Pierce Architects
Patrick Fortner
1650 Easl Vail Valley Drive, Fallridge C-1
Vail. CO 81657
April 15, 2004
Re: Treetops Condominiums exterior changes at 452 E. Lionshead Circle/Lot 6, Block 1, Vail
Lionshead Filing 1
Mr. Fortner,
This letter is to inform you that staff has reviewed your request to change the 2x6 rough sawn cedar
trim around the windows with a cement fiber trim. In order to proceed forward with this change staff will
need you 1o complete a change to approved plans application proposing the change. Included with the
applicalion should be elevations of the building depicting where you propose to place the cement fiber
trim. Staff will then be able to determine if the proposal can be staff approved, modified to be slaff
approved, or will need to go before the Design Review Board.
Please review these comments and if you have any questions regarding this letter please contact me at
479-2148.
With regards,.^ r ,r- /t -lltt
@atn ^l-An"pw{Warren Campbell I
Planner ll
Cc:File
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