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Home My WebLink AboutPEC110032 Vail Fine Wines 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 12-7B-3, Conditional Uses, Vail Town Code, to allow for a liquor store, located at 196 Gore Creek Drive Unit 164 (Lodge at Vail)/Lots ABC, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110032) Applicant: Vail Fine Wines, represented by Allan Dibben Planner: Rachel Dimond SUMMARY The applicant, Vail Fine Wines, is requesting a conditional use permit for a liquor store at 196 Gore Creek Drive, Unit 164. 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, Vail Fine Wines, is proposing to open a liquor store in the former Betteridge Jewelry space in the Lodge Promenade, locate at 196 Gore Creek Drive, Unit 164. The business formerly operated as Beaver Creek Fine Wines and would like to relocate to Vail Village. The commercial space is approximately 986 square feet in size. The proposal does not include any changes to the exterior of the building, except a change of signage for the new business, which is part of a separate design review application. A vicinity map (Attachment A) and the applicant’s request (Attachment B) have been attached for review. III. BACKGROUND Liquor stores have been a conditional use permit in the Commercial Core 1 District since the inception of the Town of Vail Zoning Regulations in 1973. IV. APPLICABLE PLANNING DOCUMENTS Title 12, Zoning Regulations, Vail Town Code (in part) ARTICLE 12-7B. COMMERCIAL CORE 1 (CC1) DISTRICT 12-7B-1: PURPOSE: The commercial core 1 district is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The commercial core 1 district is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The zoning regulations in accordance with the Vail Village urban design guide plan and design considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the village. 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. V. SUBJECT PROPERTY Address: 196 Gore Creek Drive, Unit 164 Legal Description: Lots ABC, Block 5C, Vail Village Filing 1 Zoning: Commercial Core 1 District Land Use Plan Designation: Village Master Plan Current Land Use: Mixed Use Geologic Hazards: None VI. SURROUNDING LAND USES AND ZONING Land Use Zone District North Mixed Use Commercial Core 1 South Mixed Use Commercial Core 1 East Mixed Use Commercial Core 1 West Multi-Family Residential High Density Multiple Family 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. The Town of Vail development objectives include enhancing the livelihood of the commercial cores, as well as providing new retail experiences and options for guests. Staff finds that this conditional use permit will positively impact these objectives, as Vail Fine Wines provides a different retail liquor experience than other liquor stores in Vail Village. Further, the specialty nature of the business will enhance the livelihood of this commercial area, which typically has less foot traffic than other parts of Vail Village. 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. Because the proposal replaces a existing retail establishment with a more specific retail liquor store, Staff believes the proposed liquor store will not have any effect on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities and other public facilities needs. 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. As a business in the pedestrian oriented Vail Village, most patrons will be frequenting other businesses in the same trip and/or will be staying in close proximity to the business. Further, Staff recommends the condition that no outdoor display of any kind be permitted except during special events, eliminating any conflict with automotive and pedestrian traffic. There are also no changes to the exterior of the building. For these reasons, Staff finds that the proposal will not have any effect on traffic, automotive and pedestrian safety, traffic flow and control, access, maneuverability and removal of snow. 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. While liquor stores may be considered to have negative impacts to neighborhood character in some cases, this liquor store has a different impact. As a high end wine shop, this commercial space will maintain the character of the area, eliminating a vacant space recently held by a high end jeweler. The wine shop will serve a limited high end clientele that will not have the negative impacts of most liquor stores such as loitering and associated crime. There are no effects on scale and bulk because there are no exterior changes to the structure. Further, Staff recommends a condition that prohibits outdoor display, which will further reduce any negative impacts. 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 to allow for a liquor store, located at 196 Gore Creek Drive Unit 164 (Lodge at Vail)/Lots ABC, Block 5C, Vail Village Filing 1, 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 12-7B-3, Conditional Uses, Vail Town Code, to allow for a liquor store, located at 196 Gore Creek Drive Unit 164 (Lodge at Vail)/Lots ABC, Block 5C, Vail Village Filing 1, 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. No outdoor display shall be permitted outside of the business at any time, except when associated with a special event permit or special business promotion permit. 2. Illuminated signs, such as neon, gas filled or LED lit signs, shall not be visible from the exterior of the business.” 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 1 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 Applicant’s request Attachment A /