HomeMy WebLinkAboutPEC140041 Valet Liquors Memo and Attachments 120814TOWN OFVAiL
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: December 8, 2014
SUBJECT: A request for the final review of conditional use permits, pursuant to Sections 12-
7H-2, Permitted and Conditional Uses; Basement or Garden Level, and 12 -7H -3,
Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to
allow for liquor stores in the Lionshead Center and Concert Hall Plaza buildings,
located at 520 East Lionshead Circle Unit C -7 and 616 West Lionshead Circle
Unit 300 /Lot 5, Block 1, Vail Lionshead Filing 1 and Lot 1, Vail Lionshead Filing
4, and setting forth details in regard thereto. (PEC140041)
Applicant: Tommy Neyens
Planner: George Ruther
I. SUMMARY
The applicant, Tom Neyens, is requesting conditional use permits to operate liquor
stores at 520 East Lionshead Circle Unit C -7 and 616 West Lionshead Circle Unit 300.
Based upon Staff's review of the criteria outlined in Section VI 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 VII of this memorandum.
II. DESCRIPTION OF REQUEST
The applicant, Tom Neyens, is requesting the issuance of two conditional use permits to
operate liquor stores at 520 East Lionshead Circle, Unit C -7 (Lionshead Center
Building) and 616 West Lionshead Circle, Unit 300 (Concert Hall Plaza Building).
As proposed, the business model for the liquor store operation include the storage of
liquor, beer, and wine for delivery to residents and guests within the community from the
Concert Hall Plaza Building location and direct sales to walk -in customers at the
Lionshead Center Building location. A delivery service is being offered to the patrons of
the liquor store. All of the liquor storage will occur in the basement level at the Concert
Hall Plaza Building location while all of the walk -in business will be conducted from the
street or pedestrian level at the Lionshead Center Building location. The proposal does
not include any changes to the exterior of the building, except a change of signage,
which would be part of a separate design review application. A vicinity map (Attachment
A) has been attached for review.
III. BACKGROUND
Liquor stores have been a conditional use permit in the Commercial Core 2 (CC2)
District since the inception of the Town of Vail Zoning Regulations in 1973.
Ordinance No. 3, Series of 1999, adopted the Lionshead Mixed Use 1 (LMU -1) Zone
District. The LMU -1 district rezoned both the Lionshead Center and Concert Hall Plaza
parcels from CC2 to LMU -1.
Liquor stores are a conditional use in the Commercial Core 1, Commercial Core 2,
Arterial Business District, and Lionshead Mixed Use 1 and 2.
Many liquor stores have been approved in the past subject to the issuance of a
conditional use permit. Several examples of those include:
A 1991 and 1993 (expansion) approval at 1031 South Frontage Road West in
the Cascade Crossing building with no conditions.
A 2011 approval, with conditions, was granted at 196 Gore Creek Drive
(Lodge at Vail Promenade) that prohibited outdoor display and illuminated
signs (neon, gas filled, LED) from being visible from the exterior of the store.
A 2014 approval, with conditions, at 286 Gore Creek Drive (A &D Building)
prohibiting illuminated signs from being visible from the exterior of the store.
In August of 2014, the Vail Local Liquor Licensing Authority recommended approval of
the applicant's request to obtain a storage and retail liquor store license.
On October 21, 2014, the State of Colorado issued a storage and retail liquor store
license to applicant with no conditions. In doing so, the State agency found that the
application complied with the applicable provisions of State Law.
IV. APPLICABLE PLANNING DOCUMENTS
Title 12, Zoning Regulations, Vail Town Code (in part)
Article 12 -7H. Lionshead Mixed Use 1 (LMU- 1)District
12 -7H -1; Purpose:
The Lionshead mixed use 1 district is intended to provide sites for a mixture of
multiple - family dwellings, lodges, hotels, fractional fee clubs, timeshares, 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 to ensure
0
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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 zone district by
establishing appropriate site development standards. This zone district is meant to
encourage and provide incentives for redevelopment in accordance with the Lionshead
redevelopment master plan.
SURROUNDING LAND USES AND ZONING
The two parcels included in this application are zoned Lionshead Mixed Use 1 and are
surrounded on all sides by properties sharing the same zoning.
Zone District
Lionshead Mixed Use 1
Lionshead Mixed Use 1
Lionshead Mixed Use 1
Lionshead Mixed Use 1
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.
Liquor stores are listed as a conditional use in many areas within the Town of Vail. As
such a store owner interested in operating a liquor store must first obtain a conditional
use permit from the Town of Vail Planning & Environmental Commission. According to
the Zoning Regulations of the Town of Vail,
"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
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. "
Land Use
North
Mixed
Use
South
Mixed
Use
East
Mixed
Use
West
Mixed
Use
Zone District
Lionshead Mixed Use 1
Lionshead Mixed Use 1
Lionshead Mixed Use 1
Lionshead Mixed Use 1
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.
Liquor stores are listed as a conditional use in many areas within the Town of Vail. As
such a store owner interested in operating a liquor store must first obtain a conditional
use permit from the Town of Vail Planning & Environmental Commission. According to
the Zoning Regulations of the Town of Vail,
"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
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. "
Staff believes the proposed use will have a positive impact on the development
objectives of the Town. However, as suggested by the Town's Zoning Regulations,
staff believes that certain conditions should be placed upon the use to assure that it is
compatible and harmonious with surrounding properties and the Town at large. Staff
recommends that the following conditions be placed upon the approval of the requested
condition use permit:
1) The applicant shall not be allowed to display any illuminated (neon, argon,
gas - filled. LED lit, etc.) advertising signs in such a manner that the signs are
visible to the public from the exterior of the store.
2) The hours of operation of the retail liquor store located at 520 East Lionshead
Circle shall be 8:00 am until 12:00 am daily, without exception.
3) The applicant shall ensure that all loading and delivery operations which
brings goods and materials to and from the two store locations is conducted from
an approved on -site loading and delivery bay or other Town of Vail approved
loading and delivery facility.
4) No direct liquor store sales of any kind are allowed or permitted by this permit
from the 616 West Lionshead Circle storage location.
5) No outdoor display of goods or temporary freestanding advertising of any kind
shall be permitted (e.g. cardboard cut outs of Spudz MacKenzie, half- dressed
Bud Light girls, clothing racks, merchandise display).
Any failure to comply with said conditions shall be cause to revoke the conditional use
permit, subject to a finding of non - compliance by the Town of Vail Planning &
Environmental Commission.
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 that the proposed use will have little or no negative impacts on the above
described criteria.
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 retail store is to be located within a pedestrian only area of Lionshead.
As such, drive up customer vehicular access is prohibited. Similarly, the storage area
location is proposed to be for storage purposes only. Provided the applicant adheres to
the loading and delivery requirements of the Town of Vail, staff believes the proposed
use will have no negative effect upon traffic congestion, automotive and pedestrian
safety and convenience, traffic flow and control, access, maneuverability, or removal of
snow from streets and parking areas.
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 applicant is not requesting any changes to the exterior of the two store locations.
As such there will be no increases or decreases to the scale and bulk of the existing
buildings. For that reason, staff believes the there will be no negative impacts of the
use on the character of the area in relation to the surrounding uses. Of equal
significance, as a result of the imposition of the recommended conditions, staff believes
the proposed use is not only compatible and harmonious with surrounding uses, but that
it in fact further improves upon the existing conditions.
VII. STAFF RECOMMENDATION
Based upon the review of the criteria outlined in Section VI 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 liquor stores, located at 520 East Lionshead
Circle Unit C -7 and 616 West Lionshead Circle Unit 300 /Lot 5, Block 1, Vail Lionshead
Filing 1 and Lot 1, Vail Lionshead Filing 4, 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 permits, pursuant to Sections 12 -7H -2, Permitted and Conditional
Uses; Basement or Garden Level, and 12 -7H -3, Permitted and Conditional Uses;
First Floor or Street Level, Vail Town Code, to allow for liquor stores in the
Lionshead Center and Concert Hall Plaza buildings, located at 520 East
Lionshead Circle Unit C -7 and 616 West Lionshead Circle Unit 300 /Lot 5, Block
1, Vail Lionshead Filing 1 and Lot 1, Vail Lionshead Filing 4, 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 applicant shall not be allowed to display any illuminated (neon, argon,
gas- filled. LED lit, etc.) advertising signs in such a manner that the signs are
visible to the public from the exterior of the store.
2) The hours of operation of the retail liquor store located at 520 East Lionshead
Circle shall be 8:00 am until 12:00 am daily, without exception.
3) The applicant shall ensure that all loading and delivery operations which
brings goods and materials to and from the two store locations is conducted from
an approved on -site loading and delivery bay or other Town of Vail approved
loading and delivery facility.
4) No direct liquor store sales of any kind are allowed or permitted by this permit
from the 616 West Lionshead Circle storage location.
5) No outdoor display of goods or temporary freestanding advertising of any kind
shall be permitted (e.g. cardboard cut outs of Spudz MacKenzie, half - dressed
Bud Light girls, clothing racks, merchandise display).
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 VI of the Staff
memorandum to the Planning and Environmental Commission dated December
8, 2014, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
I. The proposed conditional use permit is in accordance with the purposes of the
Zoning Regulations and the Lionshead Mixed Use 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."
VIII. ATTACHMENTS
A. Vicinity Map
520 East Lionshead Circle, Unit C -7
Vail Lionshead Filing 1, Block 1, Lot 5
Lionshead Centre
616 West Lionshead Circle, Unit 300
Vail Lionshead Filing 4, Lot 1 Subject Properties
Concert Hall Plaza
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