HomeMy WebLinkAboutPEC110027 Safeway CUP 061311To: Planning and Environmental Commission
From: Community Development Department
Date: June 13, 2011
Subject: A request for the review of a conditional use permit, pursuant to Section 12-7E-4, Conditional Uses, Vail Town Code, to allow for the construction of “any use permitted by
Section 12-7E-3 of this article, which is not conducted entirely within a building”, located at 2131 North Frontage Road (Safeway)/ Lot 3, Vail Das Schone Filing 3, to allow for the
installation of one exterior low pressure gas cylinder display cage, and setting forth details in regard thereto. (PEC110027)
Applicant: Safeway Stores 46, Inc.
Planner: Rachel Dimond
SUMMARY
The applicant, Safeway Stores 46, Inc., is requesting a conditional use permit for “any use permitted by Section 12-7E-3 of this article, which is not conducted entirely within a building”
to facilitate the display and storage of low pressure gas cylinders on the exterior of the building. 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 conditions, of this application subject to the findings noted in Section VIII
of this memorandum.
II. DESCRIPTION OF REQUEST
The applicant, Safeway Stores 46, Inc., is proposing to install a display of low pressure gas cylinders on the exterior of the Safeway store in West Vail. This requires a conditional
use permit for “any use permitted by Section 12-7E-3 of this article, which is not conducted entirely within a building.” The permitted use is the supermarket. This use cannot be considered
outdoor display, as permitted by Section 12-14-21, Outdoor Display of Goods, Vail Town Code, which would not require a conditional use permit because the display will be a permanent
fixture. The proposed gas cylinder display is located on the southeast corner of Safeway, adjacent to the Vail Das Schone building. The display is a metal cage, painted brown to match
the building, is 3 feet wide, 1.5 feet deep and 5 feet tall.
A vicinity map (Attachment A), a site plan (Attachment B) and a photo of a similar display (Attachment C) have been attached for review.
III. BACKGROUND
Safeway was constructed in 1972 under Eagle County jurisdiction. In 1986, the property was annexed into the Town of Vail as part of Ordinance No. 1, Series of 1986. In 1996, a 4,460
square foot addition was completed. In 2007, an 1,800 square foot addition and remodel was completed, resulting in the supermarket’s current façade.
IV. APPLICABLE PLANNING DOCUMENTS
Title 12, Zoning Regulations, Vail Town Code (in part)
ARTICLE 12-7D. COMMERCIAL CORE 3 (CC3) DISTRICT
12-7D-2: CONDITIONAL USES:
The following conditional uses shall be permitted in the commercial core 3 district, subject to issuance of a conditional use permit in accord with the provisions of chapter 16 of this
title: Any use permitted by section 12-7D-1 of this article which is not conducted entirely within a building.
12-7D-11: LOCATION OF BUSINESS ACTIVITY:
A. Limitation; Exception: All permitted and conditional uses by sections 12-7D-1 and 12-7D-2 of this article shall be operated and conducted entirely within a building, except for permitted
loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods.
B. Outdoor Display Areas: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own
property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display.
CHAPTER 12-16: CONDITIONAL USES 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.
Vail Land Use Plan (in part)
CC Community Commercial
This area includes activities aimed at accommodating the overnight and short-term visitor to the area. Primary uses include hotels, lodges, service stations, and parking structures (with
densities up to 25 dwelling units or 50 accommodation units per buildable acre). These areas are oriented toward vehicular access from I-70, with other support commercial and business
services included. Also allowed in this category, would be institutional uses and various municipal uses.
V. SITE ANALYSIS
Legal Description: Lot 3, Vail Das Schone Filing 3
Zoning: Commercial Core 3 District
Land Use Plan Designation: Community Commercial
Current Land Use: Supermarket
Lot Size: 3.08 acres/ 134,164 square feet
Geologic Hazards: None
Development Standard Required Existing & Proposed
Setbacks (min) 20 feet around district >20 feet
Building Height (max) 38 feet no change
Site Coverage (max) 53,665 sq. ft. (40%) 43,594 sq. ft. (30%) (No change)
Landscaping Area (min) 33,541 sq. ft. (25%) No change
VI. SURROUNDING LAND USES AND ZONING
Land Use
Zone District
North
Low Density Residential
Two-Family Primary/Secondary
South
I-70 ROW
N/A
East
Mixed Use
Commercial Core 3
West
Commercial
Commercial Core 3
VII. CONDITIONAL USE PERMIT 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.
Staff believes that the proposed use will facilitate the display of low pressure gas cylinders in a safe manner. The sale of these cylinders, commonly used for gas grills, furthers
the development objective of the Town to have community commercial in the
Commercial Core 3 District. This use further diversifies the types of retail goods available to residents and guests within the Town of Vail. No other location within the Town of Vail
sells full low pressure gas cylinders, although empty cylinders are available, as well as a filling station.
2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs.
Staff finds the proposed low pressure gas cylinder display will not have any effect on the use of light and air, distribution of population, transportation facilities, schools, parks
and recreation facilities and other public facilities needs. Further, Staff finds the availability of these gas cylinders may reduce the use of gas and electric utilities due to reduced
use of indoor ovens and stoves. Staff does not believe any other utilities will be affected.
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.
In order to eliminate any conflict with automotive traffic, the applicant is proposing to install the display behind a planter that blocks vehicles from gaining access to this area.
Pedestrian congestion may be affected, as the installation of the display reduces the pedestrian walkway to 15 feet, though the walkway will be wide enough to continue to facilitate
traffic flows. Staff finds that congestion, traffic flow and control, access, maneuverability and removal of snow will not be affected by this application.
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 proposed display is five feet tall, and is intended to minimize the appearance of bulk and mass. Staff finds that the display will not negatively affect the character of the neighborhood
and will in fact fit into the community commercial nature of this area. While there is a mixed use building to the east of the subject property, access to the residential units is on
the other side of the adjacent lot and will not be affected.
VIII. STAFF RECOMMENDATION
Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning
an Environmental Commission approves, with conditions, this conditional use permit for the construction of “any use permitted by Section 12-7E-3 of this article, which is not conducted
entirely within a building”, located at 2131 North Frontage Road (Safeway)/ Lot 3, Vail Das Schone Filing 3, to allow for the installation of one exterior low pressure gas cylinder display
cage, and setting forth details in regard thereto.
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 a conditional use permit, pursuant to Section 12-7E-4, Conditional Uses, Vail Town Code, to allow for the construction
of “any use permitted by Section 12-7E-3 of this article, which is not conducted entirely within a building”, located at 2131 North Frontage Road (Safeway)/ Lot 3, Vail Das Schone Filing
3, to allow for the installation of one exterior low pressure gas cylinder display cage, and setting forth details in regard thereto.”
Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission imposes the following
conditions:
“1. The approved display cabinet shall not include more than 3 square feet of signage, including emergency information, OSHA required signage and identification of the product.
2. No lighting shall be permitted as part of this permit application.”
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 June 13, 2011, and 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 Zoning Regulations and the Commercial Core 3 District.
2. The proposed conditional use permit 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
Partial Site Plan
Photo of similar display
Attachment B/
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Attachment C
Note: Large Blue Rhino sign shown in picture would not be permitted, per the conditions.
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