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Home My WebLink AboutPEC17-0027 Treetops Liquor Store CUP Application.pdfr L-0 I t -UV ~ I Department of Community Development 75 South Frontage Road Vail, CO 81657 Tel: 970-479-2128 www.vailgov.com Development Review Coordinator 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 pro- posed 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 construction 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: Conditional use approval of a liquor store to be part of The Market at Vail Physical Address: 450 East Lionshead Circle Parcel Number: _2_1_01_-_o6_4_-_o4_-_o_3o _______ {Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Property Owner: Jewish Resource Center, Chabad of Vail, Inc. Mailing Address: P.O. Box 6546; Vail , CO 81658 Owner's Signature: Primary Contact/ Owner Representative: _M_ic_h_a_e_l A_._H_a_z_a_rd_A_I_A ______________ _ Mailing Address: P.O. Box 1068; Vail, co 81658 Phone: (970) 376-0066 --------------------- E-Mail: mha@vail.net Fax: --------------------- For Office Use Only: Cash_ CC: Visa I MC Last 4 CC # ____ Exp. Date: __ _ Auth # ____ Check# _____ _ Fee Paid : Received From:--------------- Meeting Date: PEC No.:---------------- Planner: Project No:----------------- Zoning: Land Use:---------------- Location of the Proposal: Lot: ___ Block: ___ Subdivision: _______________ _ Dec 2015 The Market at Vail has signed a lease for the entire main level of The Treetops Plaza and have recently been presented with the opportunity to include a 606 square foot liquor store. Per the prevailing Lionshead Mixed Use l (LMU-1) Zone District a liquor store is allowed as a conditional use (12-7H-3B). Anticipated Uses and Occupancy: • The liquor store will operate under a standard retail liquor license ( 12-47-407 . Retail liquor store license per the Colorado Liquor Code Art. 47, Title 12, C.R.S. Revised October 1, 2016.) and offer a selection of craft beers, fine wine and select spirits to complement the wide ranging gourmet food offerings. • Abiding by the Market's lease and license terms, all sales are for off=premises consumption. • Anticipated store hours will be 10 AM to 10 PM. • In respect for the lease terms for the store, no semi tractor trailers are permitted to make deliveries due to the limited depth of the loading dock area. Further, M ICHAEL HAZARD ASSOCIATES ARCHITECT URE PLANNING INTERIORS liquor store deliveries by vendors and distributors will be directed to an off-site warehouse where store delivery items will be repackaged and delivered, along .. with market deliveries in one of the market's smaller, approved panel trucks. .. Space Usage: As the accompanying plans illustrate, the space: Parking: The existing Treetops Plaza building was constructed in 1984 as an addition to an existing on-grade parking area. The original building consisted of 21evels of parking dedicated to the existing Treetops Condominiums topped with: Retail 5,545 S.F. 2.3 spaces/l ,000 Net Square Feet Mezz. Retail level 2,47 6 S.F. 2.3 spaces/l ,000 Net Square Feet 12.75 spaces 5.70 spaces 18.45 spaces The original 1984 approval addressed offsite parking requirements through adoption of a Special Parking Assessment impact fee totaling $98,962 (see attached Memo from ~ The Finance Department). • The Market at Vail liquor store will be occupying approximately 606 square feet of the northwester portion of the main level. The Chabad will be occupying the upper level with reception, meeting, and conference facilities in addition to a small amount of the P.O. BOX 1068 VAIL. COLORADO 81658 970.949.4958 p 970.376.0066 c MHA@VAIL.NET MICHAEL HAZARD ASSOCIATES ARCHITECTURE PLANNING area in the northeast portion of the main level. Under a conditional use permit, it is the INTERIORs PEC that is tasked with determining appropriate parking capacities. As a matter of reference to similar parking requirements as set out by the Town Code, the following table uses parking standards set out in Art. 12-10-10A counting the Library/Child's Play Area, Office and Lounge as "Professional Office" Functions (2.7 spaces/1 ,000 net SF) and the remaining 2 spaces (Conference Rm. & Multi-functional Space) as ~ "Theaters/Conference/Meeting Facility" (1 space/165 SF net seating area): • The Market at Vail: Retail (incl. Liquor Store)5,021 S·.F.2.3 spaces/1 ,000 Net Square Feet 11.55 spaces Chabad Vail Center: Professional Offices Conference/Meet'g Total required parking: 1,040 S.F. 2.7 spaces/1 ,000 Net Square Feet 321 S.F.1 /165 N.S.F. seating; 2 min. 2.81 spaces 1.95 spaces 4.76 spaces 16.31 spaces Using this comparison, the resulting parking impact is a bit less than 2 spaces less than that calculated for the original anticipated retail-only uses . The liquor store will target sales to the Market's grocery store patrons but it Is anticipated that sales volume will peak in later afternoon to evening hours when peak parking demand lessens and reverts to free parking after 3:00PM. When referencing Art 12-16-6 (Criteria; Findings) of Chapter 16 Conditional Use Permits the following representations are offered: 1. Relationship and impact of the use on development objectives of the town. • The liquor store in addition to the use-by right Market will help invigorate a much underused core structure with a vital service for tourists and resid ents alike as well as fulfill the top rated need by way of The Town's public survey results. 2. Effect of the use on light and air, distribution of population, transportation ~ facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. • Parking impact are expected to be in keeping with retail uses and likely peak after hours when folks are shopping. P.O. BOX 1068 VAIL, COLORADO 81658 970.949.4958 p 970.376.0066 c MHA@VAIL.NET • Convenience of abundant public transit and shuttles will further lessen reliance upon parking facilities. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, MICHAEL HAZARD ASSOC IATES ARCHITECTURE P LANNING INTERIORS maneuverability, and removal of snow from the streets and parking areas. ~ • The liquor store 's Lionshead core location will avail its guests to pedestrian • access and public transportation resulting in greatly lessened impact to The Town 's traffic concerns. • Proximity to ample public parking will offer solutions to occasional parking demands. 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. Such other factors and criteria as the commission deems applicable to the proposed use. • The approved exterior changes to the building were unanimously approved and will serve to refresh the building and respond favorably with the areas recent upgrades. 5. The environmental impac t report concerning the proposed use, if an environmental impact report is required by chapter 12 of this title. • Not applicable. 4 . P.O. BOX 1068 VAIL. COLORADO 81658 970.949.4958 p 970.376.0066 c MHA@VAIL.NET TOWN OF~ JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER The applicant must submit written joint property owner approval for applications affecting shared ownership properties such as duplex, condominium, and multi-tenant buildings. This form , or similar written correspondence, must be completed by the adjoining duplex unit owner or the authorized agent of the home owner's association in the case of a condominium or multi-tenant building. All completed forms must be submitted with the applicants completed application. 1, (print name) Mike Johnson, HOA Bd. President , a joint owner, or authority of the association, of property located at 450 E. Lionshead Circle , provide this letter as written approval of the plans dated _M_a-'y'--17_t_h_, _20_1_7_. -----------which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address noted above. I understand that the proposed improvements include: Conditional use approval of a liquor store to be part of The Market at Vail I understand that modifications may be made to the plans over the course of the review process to ensure compliance with the Town's applicable codes and regulations; and that it is the sole responsibility of the applicant to keep the joint property owner apprised of any changes and ensure that the changes are acceptable and appropriate. Submittal of an application results in the applicant agreeing to this statement. Signature Date Mike Johnson; Treetops HOA President Print Name Customer Distribution GUA..RANT"EE COMPANY -Smusf161- Our Order Number: ABC50044829-4 Date: 09-26-2016 Property Address: 450 E LIONSHEAD CIR. AKA UNIT X TREETOPS CONDO, VAIL, CO 81657 For Closing Assistance Cindy Denney Closer's Assistant Stacy Thibedeau For Title Assistance SCOTT BENNETTS 0090 BENCHMARK RD #205 PO BOX 3480 0090 BENCHMARK RD #205 PO BOX 3480 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111 303-850-4175 (phone) 303-393-4842 (fax) sbennetts@ltgc.com AVON , CO 81620 970-748-4783 (phone) 877-261-1631 (fax) cdenney@ltgc.com Company License: C044565 AVON, CO 81620 970-748-4795 (phone) 877-408-7367 (fax) sthibedeau@ltgc.com PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS Buyer/Borrower DOVID MINTZ PO BOX 6546 VAIL, CO 81658 970-4 76-7887 (work) jewishvail@gmail.com Delivered via: Electronic Mail Seller/Owner C/0 FIRST NATIONAL BANK OF DENVER Attention: ANDREA HAGEMAN, SVP FOR HIGH POINT INVESTORS LLC 1726 HOVER STREET LONGMONT, CO 80501 303-962-8079 (work) ahageman@firstnationaldenver.com Delivered via: Electronic Mail Agent for Seller NAI MOUNTAIN COMMERCIAL Attention: ERICH SCHMIDT 245 CHAPEL PLACE #C200 AVON, CO 81620 970-476-4185 (work) erich@naimountain .com Delivered via: Electronic Mail Agent for Buyer SLIFER, SMITH & FRAMPTON -LIONSHEAD Attention: DOUG LANDIN 531 E LIONSHEAD CIR #11 VAIL, CO 81657 970-479-0245 (work) 970-479-5911 (work fax) dlandin@slifer.net Delivered via: Electronic Mail Attorney for Seller BROWNSTEIN HYATT FARBER & SCHRECK PC Attention: JENNIFER EITELJORG, ESQ. 410 17TH ST 22ND FL SUITE 2200' DENVER, CO 80202 Attorney for Buyer GIBSON DUNN Attention: MATTHEW L. FRIEDRICH,ESQ. 333 S GRAND AVE LOS ANGELES, CA 90071 213-229-7185 (work) mfriedrich@gibsondunn.com Delivered via: Electronic Mail Attorney for Seller BROWNSTEIN HYATT FARBER & SCHRECK PC Attention: KATHY OSTER 410 17TH ST 22ND FL DENVER, CO 80202 303-223-1323 (work) 303-223-0323 (work fax) koster@bhfs.com Delivered via: Electronic Mail Attorney for Seller BROWNSTEIN HYATT FARBER & SCHRECK PC Attention: AMY DIAl 410 17TH ST 22ND FL DENVER, CO 80202 303-223-1100 (work) 303-223-1111 (work fax) adiaz@bhfs.com Delivered via: Electronic Mail Attorney for Buyer GIBSON DUNN & CRUTCHER LLP Attention: KATHLEEN WHALEN 333 SOUTH GRAND AVENUE LOS ANGELES, CA 90071 213-229-7927 (work) kwhalen@gibsondunn.com Delivered via: Electronic Mail Lender-New Loan FIRSTBANK-VAIL Attention: DAVID PORTMAN 17 VAIL ROAD VAIL, CO 81657 303-235-4500 (work) 303-223-1100 (work) jeiteljorg@bhfs.com Delivered via: Electronic Mail Attorney for Buyer GIBSON DUNN & CRUTCHER LLP Attention: ROBERT C. BLUME, ESQ. 1801 CALIFORNIA STREET SUITE 4200 LOS ANGELES, CA 90071 303-298-5758 (work) rblume@gibsondunn.com Delivered via: Electronic Mail SLIFER SMITH & FRAMPTON-AVON Attention: NIKKI LITTLE 0090 BENCHMARK RD #105 AVON, CO 81620 970-7 48-5527 (work) 866-562-0913 (work fax) nlittle@slifer.net Delivered via: Electronic Mail 303-235-4509 (work fax) david.portman@efirstbank.com;clordering@efirstbank.com Delivered via: Electronic Mail Lender -New Loan FIRSTBANK Attention: KYLE DIEBEL P.O. BOX 151515 LAKEWOOD, CO 80215 303-235-4500 (work) clordering@efirstbank.com Delivered via: Electronic Mail Lender -New Loan FIRSTBANK -VAIL Attention: DAVID PORTMAN 17 VAIL ROAD VAIL, CO 81657 303-235-4500 (work) 303-235-4509 (work fax) david.portman@efirstbank.com;clordering@efirstbank.com Delivered via: Electronic Mail