HomeMy WebLinkAboutPEC20-0031 Staff MemoTO:Planning and Environmental Commission
FROM:Community Development DepartmentDATE:January 11, 2021
SUBJECT:A request for the review of a Conditional Use Permit, pursuant to Section 12-16, Conditional Use Permits, Vail Town Code, for a Child Daycare Center, a Conditional Use in the
General Use (GU) District, located at 330 South Frontage Road West/Charter Bus Lot/Lot 1, Block 2, Vail Lionshead Filing No. 1, and setting forth details in regard thereto. (PEC20-0031)
Applicant: Town of Vail, represented by Pierce Austin ArchitectsPlanner: Jonathan SpenceSummary
The applicant, the Town of Vail, represented by Pierce Austin Architects, is requesting the review of a Conditional Use Permit, pursuant to Section 12-16, Conditional Use Permits, Vail
Town Code, for a Child Daycare Center, a Conditional Use in the General Use (GU) District, located at 330 South Frontage Road West/Charter Bus Lot/Lot 1, Block 2, Vail Lionshead Filing
No. 1.
Based upon Staff’s review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval,
with a condition,of this application subject to the findings noted in Section VIII of this memorandum.
On December 28, 2020 the Planning and Environmental Commission continued this application to January 11, 2021. In its decision to continue, the Commission requested additional materials
on the following items:
Relocation of the existing Charter Bis Lot use. The Commission requested data on the existing use and sites for relocation.
Additional information concerning traffic counts, specifically the drop off/pick up frequency at the existing Children’s Garden of Learning Center.
Information concerning the possible conflict between vehicles leaving the Lionshead parking Structure and vehicles departing the proposed site for the Children’s Garden of Learning.Tom
Kassmel, Town Engineer, has provided an amended narrative and traffic memo regarding these items. Please see the revised attachments.II.DESCRIPTION OF REQUEST
The applicant, the Town of Vail, is requesting the review of a Conditional Use Permit, pursuant to Section 12-16, Conditional Use Permits, Vail Town Code, to allow for a Child Daycare
Center at the Charter Bus Lot. This will allow the relocation of the Children Garden of Learning for a limited period of time anticipated to be 3-5 years.A vicinity map (Attachment A.),
project narrative (Attachment B.), memo concerning traffic and parking (Attachment C.), project plan set (Attachment D.)and a letter of support, Maggie Swonger, Director of Operations,
CGL(Attachment E.) are included with this memorandum for review.
III. BACKGROUND
In early 2020, the Town Council directed staff to research potential alternative sites for the Booth Creek Housing Development in East Vail. The preferred option at this time would be
the development of housing on the existing Children’s Garden of Learning site adjacent to the Middle Creek Housing Project. Development at this location could be initiated as early
as September 2021, necessitating the relocation of the children’s center. The Charter Bus Lot has been chosen due its location, access and relative ease of development. The existing
use of oversized vehicles will be relocated to West Vail south of the Fire Station #3. The Charter Bus Lot property is a part of the Civic Area planning effort with future development
anticipated. The temporary use of the property for the Children’s Garden of Learning would occur while planning efforts for the Civic Area continue.
This project has undergone a preliminary review by the Design Review Board. As conditioned, DRB approval of the new Children’s Garden of Learning campus is required.IV.APPLICABLE PLANNING
DOCUMENTS
Chapter 12-16: Conditional Use Permits (in part)
Section 12-16-1: Purpose; Limitations:
In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a Conditional 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 this title and with
respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses
and surrounding properties in the Town at large Uses listed as conditional uses in the various districts 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 will be in accordance with the development objectives of the Town and will not be detrimental to other uses
or properties. Where conditions cannot be devised, to achieve these objectives, applications for Conditional Use Permits shall be denied.
V.SITE ANALYSIS
Address:330 South Frontage Road West
Legal Description:Lot 1, Block 2, Vail Lionshead Filing No. 1
Zoning:General Use (GU) District
Land Use Plan Designation:Lionshead Redevelopment Master Plan
Current Land Use:Charter Bus Lot
Hazards:NoneVI.SURROUNDING LAND USES AND ZONING
Existing Land UseZoning District
North:South Frontage RoadNone
South:Medium Density ResidentialLionhead Mixed Use I
East:Dobson Ice ArenaGeneral Use
West:Lionshead parking StructureGeneral Use
VII.REVIEW CRITERIA
Before acting on a Conditional Use Permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use:1.Relationship
and impact of the use on the development objectives of the Town.
The Community Development Department finds the proposed useto be consistent with the development objectives of the Town of Vail. Specifically, the temporary use of the site for childcare
furthers the town’s housing and environmental goals through the relocation of the Booth Creek Development. The relocation of the Children’s Garden of Learning allows the development
of workforce housing adjacent to the existing Middle Creek housing and the preservation of the Booth Creek parcel.The Community Development Department finds this criterion to be met.2.
The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facility’s needs.
The proposed conditional use will allow the temporary relocation of the childcare facility to Charter Bus Lot. The use at this location will have minimal effects on light and air, distribution
of population, transportation facilities, utilities or schools. The relocation of the facility will not result in any net new impact on the community and its facilities. Please refer
to the traffic memo included as Attachment C. from Town Engineer Tom Kassmel for further details regarding this criterion.
The Community Development Department finds this criterion to be met.
3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow
from the street and parking areas.
The proposed relocation of the Children’s Garden of Learning will introduce a new traffic element to the Lionshead Parking Garage site. As detailed in the traffic memo included as Attachment
C, the increase in vehicular traffic during the peak hour is anticipated to be approximately 12%. This is less than the 20% trigger for a revision to the CDOT access permit. It is expert
opinion of the Town’s Engineer that the use can be safely and successfully accommodated with recommended improvements including approach lane narrowing and signage. Planned improvements
to the frontage road including a new sidewalk connecting the Lionshead Garage site to Vail Center will further enhance the accessibility of the site.The Community Development Department
finds this criterion to be met.
4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The temporary relocation
of the Children’s Garden of Learning to the Charter Bus Lotwill be accomplished through the construction of a single story, 4,800 square foot building with associated site improvements
including adequate parking for staff and to accommodate drop off/pick up and play areas for the children. The scale and bulk of the proposed building is not anticipated to have any negative
visual or operational impacts to surrounding uses. As stated previously, the proposed relocation site is part of the ongoing Civic Area planning effort with future development consistent
with adopted plans anticipated.The Community Development Department finds this criterion to be met.5. Such other factors and criteria as the commission deems applicable to the proposed
use.6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this title.The Community Development Department has
determined that an environmental impact report is not required for this proposal.
VIII.RECOMMENDATIONThe Community Development Department recommends the Planning and Environmental Commission approve, with a condition,theConditional Use to allow for a Child Care Center
at the existing Charter Bus Lot.This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented.Should
the Planning and Environmental Commission choose to approve this Conditional Use Permit request, the Community Development Department recommends the Commission passes the following motion:“The
Planning and Environmental Commission approves this request for the review of a Conditional Use Permit, pursuant to Section 12-16, Conditional Use Permits, Vail Town Code, for a Child
Daycare Center, a Conditional Use in the General Use (GU) District, located at 330 South Frontage Road West/Charter Bus Lot/Lot 1, Block 2, Vail Lionshead Filing No. 1, and setting forth
details in regard thereto. (PEC20-0031)”Should the Planning and Environmental Commission choose to approve, with a condition, thisconditional use permit, the Community Development Department
recommends the Commission applies the following condition:“Approval of this Conditional Use is contingent upon the applicant obtaining Town of Vail design review approval for this proposal.”Should
the Planning and Environmental Commission choose to approve this Conditional Use Permit request, the Community Development Department recommends the Commission makes the following findings:“Based
upon the review of the criteria outlined in Section VII of the Staff memorandum to the Planning and Environmental Commission dated January 11, 2021and the evidence and testimony presented,
the Planning and Environmental Commission finds:1. The proposed Conditional Use Permit is in accordance with the purposes of the General Use (GU) District. 2. The proposed location of
the use and the conditions under which it will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements
in the vicinity.3. The proposed Conditional Use Permit complies with each of the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code.”IX.ATTACHMENTS
Vicinity Map
Project Narrative(Amended)
Project Traffic and Parking Memo (Amended)Project Plan Set (Revised)Letter of Support, Maggie Swonger, Director of Operations, CGL