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
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