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HomeMy WebLinkAbout2015-1214 PECCPLANNING AND ENVIRONMENTAL COMMISSION TOWN OF V I L * December 14, 2015, 1:00 PM Vail Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 Call to Order — Members Present: Brian Gillette, John Ryan Lockman, Henry Pratt, Kirk Hansen Members Absent: Webb Martin, John Rediker Chair Pratt indicated that item #4 (Religious Institutions) and 5 (Strategic Plan for Water Quality Improvements on Gore Creek) on the agenda are asked to be changed in the order on the agenda to accommodate Scott Todd, Golf Course Superintendent . The Commission agreed to make this change. 2. A request for the review of a conditional use permit, pursuant to Section 12-713-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, in accordance with the provisions of Chapter 12-16, Conditional Uses, Vail Town Code, to allow for an outdoor patio located at 278 Hanson Ranch Road (Crespelle Restaurant)/Lots A -C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. (PEC150033) Applicant: 104-6 LLC, represented by Drew Riley Planner: Jonathan Spence Mr. Spence introduced the application. Rehabilitation is proposed of a former clothing store into a restaurant. An outdoor patio is proposed, mostly on town owned property. The layout of the patio was discussed. The Public Works and Fire departments have reviewed the application. The barrier for the patio will be removed each night to provide access to the trash area. Hansen- What is typical lease rate for these patios on Town property? Spence — About $6 per square foot. Applicant — No presentation Public Comment Russell Shay, owner of next door space - If I have problems with the seating encroaching into my store. What is my recourse or process to fix this issue? Spence — Barrier location is fixed and should not change over time. If there are problems, contact Town staff. Sasha Gross, Operator of the ski lockers next door - Seating looks like they are right in front of the door to my space (locker rooms). Post and trash cans look to block access to my door. Applicant, Mark Hollenbeck, General Contractor — Distance to column is 5' 8". Appears to us that there is plenty of room for access. Gross — Can't block the access to my door. You would not block access to Surefoot, why would you block access to my store? Dave Segerdahl, one of the owners of Crespelle - We gave paperwork to the building manager, John. He told us we did not have any arguments. We are happy to address these issues. Gross — We have owned the space for 30 years, this is the first time this has happened. People walking toward our door up Bridge Street will have their access to our door blocked. Segerdahl — We are happy to work with the neighbors Close the public comment Action: Table to December 28, 2015 Motion: Gillette Second: Hansen Vote: 4-0-0 3. A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of 2308 Garmisch Drive, Lots 15-A through 15-E, Garmisch Townhouses, from Two -Family Primary/Secondary District to Medium Density Multiple -Family District, located at 2308 Garmisch Drive, Lot 15, Block G, Vail das Schone Filing 2, and setting forth details in regard thereto. (PEC150034) Applicant: Garmisch Townhomes, represented by Triumph Development Planner: Jonathan Spence Mr. Spence introduced the application — Property was built in 1976 — 1977, annexed in 1986, zoned as Two -Family Primary / Secondary does not conform to built property. As a result, no improvements or additions have been allowed. Future Land Use Map for this area shows the project in Medium Density Residential area, in contrast to Low Density Residential in other areas. Proposal is in conformance with the Future Land Use Map. Staff recommends approval of this request. Gillette — Chart showing setbacks, property is non -conforming. Are they redeveloping the eastern -most unit? Spence - There is a possibility of an addition to that unit. All future development would need to meet development standards. Pratt — Why would this be MDMF (Medium Density Multiple Family) and not LDMF (Low Density Multiple Family)? It would be much more GRFA (Gross Residential Floor Area), but LDMF would be same setbacks, but less GFRA. Spence — GRFA is one of the limiting factors. Off the top of my head I cannot point to a building in LDMF (that is conforming.) Applicant Mike Foster — We did this due to the added square footage. Due to the pie shape of the lot, it allows about 1,400 square feet of additional GRFA. Side setback and topography will also be limiting factors. That is one of the reasons we requested MDMF. Western setback is about 5 feet from property line. Spence — Internal lot lines would not be considered for setback purposes. Hansen —What is to prevent redevelopment to build 10 units on this site? Spence — Parking may limit the redevelopment Public Comment: None Gillette — I am curious on the alternatives to this zoning as requested. Would like to know if one district is better than another. Spence — Townhouse zoning is specific to those properties in Vail Village. LDMF or MDMF are really the only options. Pratt- Only difference is GRFA and units per acre. Gillette — If they built out, would they have enough parking? Spence — It would be challenging to meet the parking requirements. Mike Foster — 4500 square foot increase would be shared among the existing townhomes. Gillette — Do you have room for parking to build out the 1400 square feet? Foster — Yes, we do. There will be no common elements. There is no HOA. Spence — LDMF is behind Breakaway West. Sandstone is Low Density Pratt — Reviewed the allowed density and GRFA in LDMF and MDMF zones. Setbacks and Height are the same. Site coverage is different. Hansen — Staff write up was good. I can see why you are proposing these changes. Proposal seems to better support the development than existing zoning. Lockman — Surrounding development appears to be medium density. Spence — One of our tasks is to review developments that are nonconforming with their zoning. Lockman — There are a lot of properties in town that do not match their zoning. Pratt — My concern is that someone will buy all 5 units and redevelopment the site as 12 units. My question is if MDMF vs LDMF are appropriate. Foster- Difference in GRFA is about 1000 sf per unit. Gillette — If that parcel is built out, it would be inappropriate for that neighborhood. Pratt — Does a 500 square foot addition or a 1200 square foot addition meet the Town's goals? My fear is that someone will develop the whole site and we would see 12 units and not 5 units. Gillette — This lot is by far the largest. Even with the extra lot size, we get only 500 square feet more GRFA. Foster — If applicant wants to take advantage of this, they need to build down the hill. Action: Recommend Approval to Vail Town Council Motion: Hansen Second: Lockman Vote: 3-1-0 Gillette opposed. 4. A request for a recommendation to the Vail Town Council to allow for a zoning code amendment pursuant to section 12-3-7, Amendment, Vail Town Code, to allow for Religious Institutions as a Conditional Use in all zone districts except the Heavy Service (HS) District, and setting forth details in regard thereto. (PEC150030) Applicant: Town of Vail Planner: Chris Neubecker Mr. Neubecker walked the Commission through the staff report and what is being proposed. Religious Institutions would be added as a conditional use in 11 zone districts. Chris discussed the changes incorporated following the previous PEC meeting. Gillette -Which of these districts currently allow similar uses (such as meeting rooms, etc.)? Neubecker-We coordinated the uses so that Religious Institutions would follow the same zoning as meeting rooms in all the zone districts where proposed. Gillette -Why didn't we just incorporate the religious use into the definition of other uses, such as meeting rooms? Neubecker — We considered it, but the parking demand is different Gillette -The parking demands don't seem all that different. Neubecker -In Vail the parking requirement for religious uses is set by the PEC while meeting rooms are listed by square feet of seating floor area. Other communities have different parking requirements for meeting rooms vs religious uses. How many people arrive per vehicle may be the difference. Gillette -If we delete religious uses and add them to the definition to conference rooms and meeting rooms, we would be done. We should look at the parking generated by the existing chapel. Neubecker-If we are ok with the parking, then perhaps we can go that route. We have aligned the uses to be compliant with RUILPA (Religious Land Use and Institutionalized Persons Act). This is also consistent with the Town's vertical zoning aspect. Dominic Mauriello, Applicant - What has been proposed aligns with what we had proposed originally. What is proposed today will allow religious uses to incorporate into existing buildings. I support keeping the uses distinct because of how varied religious uses are. I like the ability for an applicant to propose a parking rate. I support recommending to Town Council this amendment. Gillette- Still supports simplifying it. Would like to get rid of religious uses and incorporate them into the definitions of convention center, meeting room, conference space and theater. Hansen -Does see a significant difference in parking requirements. Respects staff's approach. Would support staff's recommendation. Lockman -Supports staff's approach. Was concerned about the residential neighborhoods but supports the approach now taken. Pratt -Can understand Gillette's intent but believes in the Town of Vail that meeting rooms and conference space demands are generally driven internally and not externally. Recognizes the variables in religious uses and supports keeping them separate. Gillette -We should consider how we might be in violation with RLUIPA by setting the parking requirement. Pratt- The meeting room parking requirement is quite strict and what we are proposing is less discriminating than applying the meeting room or theater requirements. Mauriello - Does not think what is proposed will be problematic with RLUIPA. Action: Recommend Approval to Vail Town Council Motion: Lockman Second: Hansen Vote: 3-1-0 Gillette opposed. 5. A request for a recommendation to the Vail Town Council for the adoption of the Strategic Plan for Water Quality Improvements on Gore Creek. (PEC150027) Applicant: Town of Vail Planner: Kristen Bertuglia Environmental Manager Kristen Bertuglia introduced the project and that the focus of this meeting will be on the best management practices of the Vail Golf Course with respect to water quality (application of pesticides, buffer zones, etc). Scott Todd, Golf Course Superintendent, walked the commission through a PowerPoint presentation on the current practices employed at the Golf Course. Gillette -Are there any opportunities to increase the size of the pond and stream buffers? Todd -Always a balancing act between course playability and water quality. Hansen -How is the tree spraying done? Todd- We contract out and treat those trees near water with direct trunk spraying. Continued the presentation including water and soil testing. Pratt -What percent of the town water supply is generated by the wells at the golf course? Todd- Not entirely sure. Described where the existing wells are located. Pratt -Is the majority coming from the golf course wells? Greg Hall, Public Works Director -About half (three). Pratt -Is there a difference in water quality between the golf course wells and other wells? Bertuglia - The surface water testing differ all along Gore Creek, even though the entirety of the Creek is listed as impaired under the 303(d) list. The Eagle River Water and Sanitation District tests for drinking water quality standards and could report on those results, but I do not believe there are any drops in drinking water quality. Hansen- Who is doing the testing and what is being tested? Bertuglia-There are a lot of organizations testing the waters including the town, water district, state and federal. The testing information is shared and work has been done to centralize a database. Gillette- Did the consultants (Lotic) provide any recommendations related to the golf course? Bertuglia - Yes, as in many areas throughout town they recommended increased buffers zones and attention to application of pesticides. Gillette- We should look at the buffer zones that do not meet the recommended 25 feet and then analyze on how it would affect play. Todd - If you find a problem then yes, let's extend the buffers but if a problem hasn't been identified then there may not be a need to extend the buffers. I would like to understand the basis for the recommendation. Gillette- Is there a question as to what is being tested? Are they testing for the actual fertilizers used? Bertuglia -The recommendations are as a result of testing for macro invertebrate levels, not drinking water standards as the testing is different. Todd- We do not analyze based on the bugs but rather the drinking water standards. Gillette -Does the course use pesticides? Todd -Yes (pesticides are a catch all term — it covers herbicides, insecticides, fungicides, etc.) Pratt- Do you test for the heavy metals and the like, similar to the water district testing? Todd -Discussed their testing protocol and how pesticides are applied. Mostly test for nutrients (phosphorus, pH, ammonia) Gillette- Does it make sense to get coordination around the testing? Bertuglia -Yes. Agrees that perception may not be accurate related to the Golf Course's effect on water quality. Gillette -Do other organizations certify golf courses besides Audubon International? Todd- Audubon is the major one and the only one he is aware of. He also discussed trends in the industry related to environmental health as having gotten much better over time. Hansen -How are hard surfaced (impervious) areas addressed? Todd-Hardscapes include the cart paths or the main parking lot. Take care in the adjustment of the sprinklers to keep the water off of the hardscape. Greg Hall -New parking lot is designed with water quality in mind. Public Comment Jim Lamont -Need coordination in testing, especially ground water contamination. More testing should provide more answers. Lockman -Strongly agree that we need to coordinate testing. Understands the complexities of the golf course (playability). Hansen -Impressed with the environmental stewardship of the golf course. Supports testing coordination. Gillette -Impressed with the work the course has done. Supports looking at testing and determining what the problems are and where they are located. Pratt -Thankful for the presentation. Supports looking at the well zones as far as contamination. Supports testing related to drinking water and the bugs. Bertuglia -For clarification, when referring to coordination, is there a data set to provide in advance of the plan adoption or would the Commissioners prefer to see a high priority action item identified that calls for data coordination and more accessibility (public or otherwise)? Pratt -A lot of organizations are testing. Why can't there be just one testing group? Bertuglia - USGS, USFS, ERWSD, Eagle River Watershed Council, Town, EPA, all have different mandates for testing, different funding sources as well. Agree we could demonstrate the data/coordinate it better. Gillette- We do not need the results of the testing but the action item should be about coordinating the testing. Hansen -Would like to see all the data. Bertuglia -We will share what we have and also present an action item. Action: Table to January 11, 2016 Motion: Lockman Second: Gillette Vote: 4-0-0 6. A request for a final recommendation to the Vail Town Council of a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the redevelopment of the former Cascade Village Theater and Colorado Mountain College property to include 14 dwelling units, one (1) onsite Employee Housing Unit and the preservation 4,087 square feet of existing commercial, retail and office space, located at 1310 Westhaven Drive/Cascade Village, and setting forth details in regard thereto. This project was previously approved most recently in 2007 and expired on June 1, 2015. (PEC 150014) Table to January 25, 2016 Applicant: Ultimate Cascade LLC, represented by Mauriello Planning Group Planner: Jonathan Spence Action: Table to January 25, 2016 Motion: Gillette Second: Hansen Vote: 4-0-0 7. A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail Town Code, to allow for the future development of Employee Housing Units on the Chamonix parcel located at 2310 Chamonix Road, Parcel B, Resubdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC150019) Table to December 28, 2015 Applicant: Town of Vail Community Development Department Planner: George Ruther Action: Table to December 28, 2015 Motion: Gillette Second: Hansen Vote: 4-0-0 8. Approval of Minutes November 23, 2015 PEC Meeting Results Action: Table to December 28, 2015 Motion: Hansen Second: Gillette Vote: 4-0-0 9. Informational Update parking. Mr. Spence provided Commissioner Pratt with requested information concerning on -street 10. Adjournment The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 48-hour notification. Please call (970) 479-2356, Telecommunication Device for the Deaf (TDD), for information. TO6' d OF V It ` VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: December 14, 2015 ITEM/TOPIC: A request for the review of a conditional use permit, pursuant to Section 12-713-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, in accordance with the provisions of Chapter 12-16, Conditional Uses, Vail Town Code, to allow for an outdoor patio, located at 278 Hanson Ranch Road (Crespelle Restaurant)/Lots A -C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. (PEC150033) - 15 Min. ATTACHMENTS: ame: PEC150033 Staff Report.pdf D PEC150033 Memo Attachments. Description: Staff Memo Memo Attachments 0. )rowN of vain Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 14, 2015 SUBJECT: A request for the review of a conditional use permit, pursuant to Section 12-7B- 3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, in accordance with the provisions of Chapter 12-16, Conditional Uses, Vail Town Code, to allow for an outdoor patio, located at 278 Hanson Ranch Road (Crespelle Restaurant)/Lots A -C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. (PEC150033). Applicants: 104-6 LLC, represented by Drew Riley Planner: Jonathan Spence SUMMARY/REQUEST The owner of the Crespelle Restaurant, located at 278 Hanson Ranch Road, has requested the review of a conditional use permit, pursuant to Section 12-7B-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, in accordance with the provisions of Chapter 12-16, Conditional Uses, Vail Town Code, to allow for an outdoor patio. The Vail Town Code refers to outdoor dining/seating as "Outdoor Patio" in reference to permitted and conditional uses in the Commercial Core (CC1) Zone District. The restaurant establishment is proposing an outdoor patio for outdoor dining directly in front of the restaurant entrance. Because of the proximity of the property line in relation to the building, the patio will be located entirely within the Town of Vail right -of -way. The outdoor seating area is approximately 247 square feet and will accommodate four or five "4 -top" tables or about 20 guests. The establishment is not proposing any amplified music or additional lighting. The final design for the railing and street furniture will be reviewed subsequent to the Conditional Use request by the Design Review Board (DRB). The location of the proposed outdoor patio has been reviewed and approved by the Department of Public Works and the Fire Department. Because of the ample right-of- way in this location, it is not anticipated that the patio will adversely affect provisions for emergency services or snow removal. The applicant is proposing a barrier system (fence) similar to that found at the Mountain Standard with set -in-place sleeves that prevent the barriers from repositioning, resulting in further encroachment into town property. No changes to the existing paver surface are proposed. Unlike other outdoor patios including the recently approved patios at the Big Bear Bistro and Blu Cow Restaurant, the applicant t proposes to remove and store the barrier system and tables within the establishment on a nightly basis to ensure access to the trash elevator. Please see the site plan included as Attachment C for the location of the proposed outdoor patio. II. BACKGROUND The Bridge Street Lodge Building was constructed in 1995 and provides for retail, restaurant and residential uses. According to the Official Zoning Map of the Town of Vail, the Bridge Street Lodge parcel is located within the Commercial Core 1 (CC1) District. As such, the development and operation of outdoor patios is regulated by the provisions of the CC -1 District. Pursuant to the provisions of the CC1 District, the development and operation of outdoor patios requires the approval and issuance of a Conditional Use Permit. III. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Land Use Plan, the Vail Village Master Plan and the Vail Town Code are relevant to the review of this proposal: Title 12 Zoning Regulations Section 12-78 Commercial Core 1 (CCI) District (in part) 12-78-1: 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 District 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. 12-78-7. EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Subject To Review. The construction of a new building, the alteration of an existing building which adds or removes any enclosed floor area, the alteration of an existing building which modifies exterior rooflines, the replacement of an existing building, the addition of a new outdoor dining deck or Town of Vail Page 2 the modification of an existing outdoor dining deck shall be subject to review by the Planning and Environmental Commission (PEC). 12-7B-20. VAIL VILLAGE URBAN DESIGN PLAN.- A. LAN. A. Adoption. The Vail Village Urban Design Guide Plan and Design Considerations are adopted for the purposes of maintaining and preserving the character and vitality of the Vail Village (CCI) and to guide the future alteration, change and improvement in CCI district. Copies of the Vail Village design guide plan and design considerations shall be on file in the department of community development. Vail Land Use Plan (in part) The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows. 1. General Growth / Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2. The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3. The quality of development should be maintained and upgraded whenever possible. 1.4. The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 3. Commercial Town of Vail Page 3 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 4. Village Core/ Lionshead 4.1. Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.3 The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality.) Vail Village Master Plan (in part) The Vail Village Master Plan is based on the premise that the Village can be planned and designed as a whole. The Vail Village Master Plan is intended to be consistent with the Vail Village Urban Design Guide Plan, and along with the Guide Plan, it underscores the importance of the relationship between the built environment and public spaces. Furthermore, the Master Plan provides a clearly stated set of goals and objectives outlining how the Village will grow in the future. Goals for Vail Village are summarized in six major goal statements. While there is a certain amount of overlap between these six goals, each focuses on a particular aspect of the Village and the community as a whole. A series of objectives outline specific steps that can be taken toward achieving each stated goal. Policy statements have been developed to guide the Town's decision-making in achieving each of the stated objectives. The applicable stated goals, objectives and action steps of the Vail Village Master Plan are as follows.- GOAL ollows: GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITY AND IDENTITY. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR - AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY ASA WHOLE. Objective 2.1: Recognize the variety of land uses found in the 11 sub -areas throughout the Village and allow for development that is compatible with these established land use patterns. Town of Vail Page 4 IV. Objective 2.2. Recognize the importance of Vail Village as a mixed use center of activities for our guests, visitors and residents. Policy 2.2.1. The design criteria in the Vail Village Urban Design Guide Plan shall be the primary guiding document to preserve the existing architectural scale and character of the core area of Vail Village. Objective 2.4. Encourage the development of a variety of new commercial activity where compatible with existing land uses. Policy 2.4.2. Activity that provides night life and evening entertainment for both the guest and the community shall be encouraged. Objective 2.5. Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. GOAL #3 TO RECOGNIZE AS A TOP PRIORITY THE ENHANCEMENT OF THE WALKING EXPERIENCE THROUGHOUT THE VILLAGE Policy 3.1.1. Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. Objective 3.3. Encourage a wide variety of activities, events, and street life along pedestrian ways and plazas. Policy 3.3.2. Outdoor dining is an important streetscape feature and shall be encouraged in commercial infill or redevelopment projects. SITE ANALYSIS Zoning: Land Use Plan Designation Current Land Use: V. SURROUNDING LAND USES AND ZONING LandUse Desianation North: Village Master Plan South: Village Master Plan East: Village Master Plan West: Village Master Plan Town of Vail Commercial Core 1 District Village Master Plan Mixed Use Zonina District Commercial Core 1 District Agriculture and Open Space District Commercial Core 1 District Commercial Core 1 District Page 5 VI. REVIEW CRITERIA Before acting on a Conditional Use Permit or Development Plan 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 Analysis: The proposed outdoor patio will provide livelihood through outdoor dining, an identified development objective of the Town intended to increase activity in the commercial cores. The proposed outdoor patio will provide an enhancement to the public space that adds energy and vitality to the streetscape, consistent with Development Objective 3.3, cited above in Section III of this report. Staff finds this criterion to be met. 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 Analysis: The proposed outdoor dining area will have no negative effects on light and air, distribution of population, transportation facilities, utilities and schools. Staff finds this criterion to be met. 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 Analysis: The at -grade outdoor dining area will have an effect on the Hanson Ranch Road right-of-way which is fifty feet in width at this location. The existence of the Seibert Circle Fountain does further constrain this area however proposed design provides ample space within the existing platted right-of-way for emergency vehicles, pedestrians, bicyclists and other users. Further, the use of sleeves in the pavers for the outdoor dining fencing will allow for a consistent buffer. These sleeves will ensure that the proposed location of the outdoor dining will have no effect on the usability of the adjacent public space. This application has been reviewed and approved by the Department of Public Works and the Fire Department. Staff finds this criterion to be met. 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 Town of Vail Page 6 surrounding uses. Staff Analysis: Staff finds the proposed outdoor patio will have a positive effect upon the character of the area, furthering the outdoor dining culture that has been established within Vail Village. The outdoor patio will add livelihood, activity and interest in the area. The scale and bulk of the proposed patios are minimal and will not negatively impact the surrounding area, Staff finds this criterion to be met. 5. Such other factors and criteria as the commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this title. Staff Analysis: An environmental impact report is not required by Chapter 12-12, Vail Town Code; therefore, this criteria is not applicable. VII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission approve, with conditions, a conditional use permit, pursuant to Section 12-7B-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, in accordance with the provisions of Chapter 12-16, Conditional Uses, Vail Town Code, to allow for an outdoor patio, located at 278 Hanson Ranch Road (Crespelle Restaurant)/Lots A -C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria described in Section VI of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve, with conditions, this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, a conditional use permit, pursuant to Section 12-7B-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, in accordance with the provisions of Chapter 12-16, Conditional Uses, Vail Town Code, to allow for an outdoor patio, located at 278 Hanson Ranch Road (Crespelle Restaurant)/Lots A -C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto with the following conditions.- This onditions. This Conditional Use approval is contingent upon the applicant obtaining Town of Vail approval of an associated design review application(s) prior to April 1, 2016. Town of Vail Page 7 2. The applicant for shall enter into a lease agreement with the Town of Vail for the area encompassed by the outdoor patio associated with this establishment that encroaches into the Hanson Ranch Road right-of-way prior to commencing the outdoor patio use. 3. The outdoor patio shall operate consistent with the approved site plan dated 10/17/2015. Should the Planning and Environmental Commission choose to approve these Conditional Use Permits requests, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Sections Vll of the Staff memorandum to the Planning and Environmental Commission dated December 14, 2015, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds. 1. The Conditional Use Permit is in accordance with the purposes of the Zoning Regulations and the CC -1 District,- 2. istrict, 2. The proposed Conditional Use Permits 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; and, 2. The proposed Conditional Use Permit complies with the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code." VIII. ATTACHMENTS A. Vicinity Map B. Site Photos C. Site Plan, 10-17-2015 D. Draft Conditional Use Permit Town of Vail Page 8 wAi t W, ? ru *,r 9. h. a t , w � •, ii�rwr� � ti " y , 4 "r X11 � 3113dS3NO/ � � F- _ � � LU a. 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