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HomeMy WebLinkAboutPEC090031t c Planning and Environmental Commisson ACTION FORM TOWN OF VAL CC&WrNTY CEVELOPWNT Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.vailgov.com Project Name: TOV WENDY'S PARKING LOT PEC Number: PEC090031 Project Description: Participants: EXTENSION OF PREVIOUS APPROVAL (PEC070065): TEMPORARY PUBLIC PARKING LOT AT FORMER WENDY'S SITE OWNER TOWN OF VAIL 75 S FRONTAGE RD VAIL CO 81657 APPLICANT TOWN OF VAIL 75 S FRONTAGE RD VAIL CO 81657 License: 463-B CONTRACTOR TOWN OF VAIL 75 S FRONTAGE RD VAIL CO 81657 License: 463-B 10/01/2009 . 10/01/2009 Phone: 970-479-2100 10/01/2009 Phone: 970-479-2100 Project Address: 2399 N FRONTAGE RD W VAIL Location: FORMER WENDY'S SITE Legal Description: Lot: Block: Subdivision: VAIL DAS SCHONE FIL 1 Parcel Number: 2103-114-1501-9 Comments: BOARD/STAFF ACTION Motion By: Action: STAFFAPR Second By: Vote: Date of Approval: 10/05/2009 Conditions: 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: CON0011076 This approval shall expire on November 12, 2010. Cond: CON0011077 This approval shall not become valid for 20 days following the date of approval, pursuant to the Vail Town Code, Chapter 12-3-3: APPEALS. Planner: Bill Gibson PEC Fee Paid: $0.00 z r e; Department; of Community Development,' 75 South Frontage Roads Vail, C'OJorac 97 Web vvw 4 t. 3' Developtnenk.f~e~e Conditional Use Permit Application for review by the Planning and Environmental Commission General Information: A conditional use permit is required for any use classified as "conditional" in any of the Town's zone districts. Uses listed as conditional uses are subject to such conditions and limitations as the Town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the Town and will not be detrimental to other uses or properties. The proposed project may also require other permits or applications and/or review by the Design Review Board and/or Town Council. All PEC approvals shall lapse if con- struction is not commenced within two years of the date of approval and diligently pursued to completion, or if the use for which the approval is granted is not commenced within two years. Fee:650 Description of the Request: Physical Address: ( - Parcel Number: 9 1 a3 l Property Owner: Mailing Address: Owner's Signature: X Primary Contact/ Owner Representative: Mailing Address: Phone: ! -71- al C) E-Mail: Qu ,VA.i0V . owy - Fax: For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Auth # Check # Fee Paid: :VD V Nkc-f Received From: Meeting Date: 0'0 (9 frc PEC No.: 4f,G61 o63k Planner: SG Project No: F93-077-C610 Zoning: k--> lil Land Use: _ Location of the Proposal: Subdivision: P«t A. e- e-d- swh A TVVL44 w n o -F U~ I U41 co Phone;, 1~ C E Wf 01-Sep-09 H IS D 1 1 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) P MA FO JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER This form is applicable to all Planning and Environmental Commission applicants that share ownership of the sub- ject property. For example, the subject property where construction is occurring is a duplex, condominium or multi-tenant building. This form shall be completed by the applicant's neighbor/ joint property owner. In the case of a multiple-family dwelling or multi-tenant building, the authority of the association shall complete this form and mail to: Community Development Department, 75 South Frontage Road, Vail, CO 81657 or fax to 970.479.2452. I, (print name erty located at as written approval of the plans dated provide this letter which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the ad- dress noted above. I understand that the proposed improvements include: Signature)Date) Additionally, please check the statement below which is most applicable to you: D I understand that minor modifications may be made to the plans over the course of the review process to en- sure compliance with the Town's applicable codes and regulations. Initial here) D I request that all modifications, minor or otherwise, which are made to the plans over the course of the re- view process, be brought to my attention by the applicant for additional_approval before undergoing further re- view by the Town. ,y Initial here) a joint owner, or authority of the association, of prop- 1 V F:\cdev\Forms\Permits\Planning\PEC\PEC_CU P_090109 FILE COPY Department of Community Development 75 South Frontage Road Vail, CO 81657 PH: 970-479-2138 FAX: 970-479-2452 www.vailgov.com October 5, 2009 West Vail Associates LTD 2121 North Frontage Road West, #101 Vail, CO 81657 Iceliux LLC 147 Gutenberg DF 11590 Mexico Mark Yare 2121 North Frontage Road West, #181 Vail, CO 81657 Re: A conditional use permit amendment, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow fora one year extension of a previously approved conditional use permit (PEC070064) for the development of public buildings, grounds and facilities (temporary public parking lot) located at 2399 South Frontage Road WesYParcel A, Vail das Schone Filing 1 (former Wendy's Restaurant site), and setting forth details in regard thereto. PEC090031) Dear adjacent property owner: This is a courtesy notice to inform you that on October 5, 2009, the Town of Vail Zoning Administrator approved a one-year extension of the conditional use permit for the existing temporary public parking lot located at the former Wendy's Restaurant site. This conditional use permit was originally intended to accommodate public parking on the subject property during the time period between the demolition of the Wendy's Restaurant and the start of construction for the new West Vail Fire Station. This conditional use permit was originally scheduled to expire on November 12, 2009. Since construction of the West Vail Fire Station has not yet begun, the Zoning Administrator has approved a one-year extension of the conditional use permit to November 12, 2010. This administrative approval will be reported at a public hearing before the Town of Vail Planning and Environmental Commission on Monday, October 12, 2009, at 1:00 p.m. in the Vail Town Council Chambers, located at 75 South Frontage Road. The Planning and Environmental Commission reserves the right to "call up" this administrative decision for its review at a future public hearing. Pursuant to Section 12-3-3, Vail Town Code, appeals of administrative decisions may also be filed by adjacent property owners, the applicant, adversely affected persons, or the Vail Town Council. Should you have any questions, please do not hesitate to contact me directly at 970-479-2173. Sincerely, Bill Gibson, AICP Town Planner Town of Vail 1 1 FF VA II, wt of Community Development Frontage Road Prado 81657 Mark Yare 2121 North Frontage Road West, #181 Vail, CO 81657 LED PAPER F VAIN nt of Community Development Frontage Road Irado 81657 West Vail Associates LTD 2121 North Frontage Road West, #101 Vail, CO 81657 ZED PAPER it va V wt of Community Development Frontage Road orado 81657 06,r De./; ue~tej 40 2y36 6"l-no"zy " Iceliux LLC 147 Gutenberg DF 11590 Mexico O~PjES P~TQG'F 4r z' 9 PITNEY BOWES 02 1M $ 00.440 0004259575 OCT05 2009 MAILED FROM ZIP CODE 81 657 4 Sti PITNEY BOWES 02 1M $ 00.44° 0004259575 OCT05 2009 MAILED FROM ZIP CODE 816 5 7 1 ..loco EXCERPT FROM NOVEMBER 12, 2007 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC HEARING RESULTS 3. A request for final review of a conditional use permit, pursuant to Section 12-7D-2, Conditional Uses, Vail Town Code, to allow for the development of public buildings, grounds and facilities (parking lot) located on Parcel A, Vail das Schone Filing 1, and setting forth details in regard thereto. (PEC07-0065) Applicant: Town of Vail Planner: Nicole Peterson ACTION: Approved with a condition(s) MOTION: Kjesbo SECOND: Viele VOTE: 7-0-0 CONDITION(S): 1. That the approval of this conditional use permit shall expire on November, 11, 2009. Nicole Peterson gave a presentation per the staff memorandum. Commissioner Cleveland asked if the town had originally considered the parking for permit only. John Gallegos, of the Public Works Department, stated that the parking lot is proposed to be open to the public. There was no other Commissioner comment. There was no public comment. MEMORANDUM COPY TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 12, 2007 SUBJECT: A request for final review of a conditional use permit, pursuant to Section 12-7D-2, Conditional Uses, Vail Town Code, to allow for the development of public buildings, grounds and facilities (parking lot) located at 2399 North Frontage Road West, Parcel A, Vail das Schone Filing 1, and setting forth details in regard thereto. PEC07-0065) Applicant: Town of Vail Planner: Nicole Peterson SUMMARY The Applicant, Town of Vail, is requesting approval of a conditional use permit pursuant to Section 12-7D-2, Conditional Uses, Vail Town Code, to allow for the development of public buildings, grounds and facilities (parking lot) located at 2399 North Frontage Road West, Parcel A, Vail das Schone Filing 1, and setting forth details in regard thereto. Based upon Staff's review of the criteria in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission approves the Conditional Use Permit. II. DESCRIPTION OF REQUEST The Town of Vail is requesting approval of a conditional use permit to allow for a parking lot as the subject property's primary use after demolition of the existing building (formerly Wendy's restaurant) located at 2399 North Frontage Road West (Attachment A). The proposed parking lot will consist of 75 parking spaces, including the required 3 handicap accessible, to be utilized for general public parking. Site plans of the existing conditions and proposed parking lot are attached for the Commissions review (Attachments B and C). III. BACKGROUND The Town of Vail purchased the subject property in September of this year. The demolition of the former Wendy's building is scheduled to commence this month. The Town of Vail wishes to create a public parking lot for general public use. Following the demolition, the former structure's location will be packed with road-millings to create a solid, level surface. The proposed parking lot is planned to be re-striped as illustrated on the site plan. Two landscape islands will remain as existing and one landscape island will be partially removed to accommodate an additional row of parking. The parameters of the existing parking area will not change and parking will be accessed by the existing driveway off of the North Frontage Road West. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, conditional use permit applications will be reviewed by the Planning and Environmental Commission, and then any accompanying design review application will be reviewed by the Design Review Board. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for final approval, approval with modifications, or denial of a conditional use permit application, in accordance with Chapter 12-16, Conditional Use Permits, Vail Town Code. Design Review Board: The Design Review Board has no review authority over a conditional use permit application. However, the Design Review Board is responsible for the final approval, approval with modifications, or denial of any accompanying design review application. Town Council: The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. V. ZONING AND LAND USE Lot Size: 1.247 acres = 54,319 square feet Property Zoning: Commercial Core 3 (CC3) District Surrounding: West - Two-Family Primary/Secondary Residential (PS) District East - Commercial Core 3 (CC3) District North - Two-Family Primary/Secondary Residential (PS) District South- North Frontage Road West and Interstate -70 Property Land Use Designation: Community Commercial (Former Wendy's Restaurant) Surrounding: West - Medium Density Residential (Residential) East - Community Commercial (Gas Station) North - Medium Density Residential (Vacant Land) South - (North Frontage Road West and Interstate -70) VI. APPLICABLE PLANNING DOCUMENTS A. Vail Town Code Section 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: Public buildings, grounds, and facilities. Section 12-16: CONDITIONAL USE PERMITS (in part): 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 and evaluation 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 2 conditional uses and surrounding properties and 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 ensure that the location and operation of the conditional uses will be in accordance with 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. VII.REVIEW CRITERIA Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following criteria with respect to the proposed use: 1. Relationship and impact of the use on the development objectives of the Town. Staff believes the proposed conditional use permit is consistent with the development objectives of the Town. The proposal will improve the utility of the subject property by creating much needed parking for the general public. 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 believes the proposal will have a positive effect on the public need for additional parking. The proposal will provide free, off-street public parking for skier parking and overflow parking during peak business hours. Two existing landscape islands and one partial island will be maintained as part of the proposal. 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. Staff believes that the additional parking will have a positive effect on automotive traffic. The proposal will increase parking convenience and mitigate congestion caused by on-street (Frontage Road) parking and lack of parking for skiers. The off-street parking will improve street access, maneuverability and snow removal. There is an existing sidewalk connection to the east that will allow safe pedestrian travel to surrounding businesses. There is an existing bus stop west of the proposed parking lot and Staff is working with the Town Transportation Department to coordinate an additional bus stop at the subject location. 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. Staff believes the proposed addition will have no negative effect upon the character of the area. The proposed parking will utilize the site for public benefit and convenience. 3 VIII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves the Conditional Use Permit pursuant to Section 12- 7D-2, Conditional Uses, Vail Town Code, to allow for the development of a public parking lot located at 2399 North Frontage Road West, Parcel A, Vail das Schone Filing 1, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve this request; the Community Development Department recommends the Commission pass the following motion: The Planning and Environmental Commission approves the conditional use permit pursuant to Section 12-7D-2, Conditional Uses, Vail Town Code, to allow for the development of public buildings, grounds and facilities (parking lot) located at 2399 North Frontage Road West, Parcel A, Vail das Schone Filing 1, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to approve this request, the Community Development Department recommends the Commission makes the following findings: The Planning and Environmental Commission finds the following based upon analysis of the review criteria outlined in section Vll of this Staff memorandum: 1. The proposed conditional use permit is consistent with the development objectives of the Town. 2. The proposed conditional use permit will have no negative effect on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. 3. The proposed conditional use will have no negative 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. 4. The proposed conditional use will have no negative 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." IX. ATTACHMENTS A. Vicinity Map B. Existing Conditions C. Proposed Parking Site Plan D. Public Notice 4 w Attachment A Vicinity Map M T Attachment B Existing Conditions I, y r N O A J J MCS- WOVE - 13& W t yA, N21v~x RoAD b, Ji c51P Ate/ t} L9 m>to g1' T,9 RO9 O~ Sp mR 0 R)X rn IZ7 m o G r V a 1n a 6 1 7 is i Attachment C Proposed Parking Site Plan V" i , Attachment D Notice ro1fA'QtEli THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance vAth section 12-3-6, Vail Town Code, on October 22, 2007, at 1:00 pm in the Town of Vail Municipal Building, in consideration of. A request for a final review of a variance, from Section 14-3-•1, Minimum Standards, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for deviations from minimum deflection angle for driveway access, located at 2765 Sno wberry Drive/Lot 10, Block 9, Vail Intermountain Subdivision, and setting forth details in regard thereto. PI C07-0062) Applicant: Dave Hilb, represented by John G. Martin, Architect Planner: Bill Gibson A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of a dwelling unit at the Uonshead Inn, located at 705 West Lionshead Circle/Part of Lot 1, Block 2. Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC07- 0061) Applicant: Lionshead Inn, LLC, represented by Mauriello Planning Group, LLC Planner, Bill Gibson A request for a final review of a variance from Section 12-6D-6, Setbacks. Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition within the west side setback, located at 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13, and setting forth details in regard thereto. (PEC07-0036) Applicant: Ed Williams, represented by William Hein Associates Planner: Bill Gibson A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3- 7, Amendment, Vail Town Code, for prescribed regulation amendments to Title 12, Vail Town Code, to require public art for certain development and redevelopment projects in Lionshead Mixed Use 1, Lionshead Mixed Use 2, Public Accommodations, Public Accommodations 2, Commercial Core 1, Commercial Core 2, Commercial Core 3, Ski Base Recreation, Ski Base Recreation 2 and Seal Development Districts, and setting forth details in regard thereto. (PEC07- 0033) Applicant: Town of Vail Planner: Rachel Friede A request for a final review of a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for modifications to a public building ( emergency power generator), located at 75 South Frontage Road West (Town of Vail' Administration Building)/Unplatted, and setting forth details in regard thereto. (PEC07- 0063) Applicant: Town of Vail Planner: Nicole Peterson Page 1 8