HomeMy WebLinkAboutPEC20-0031 Staff Memo (2)
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: January 11, 2021
SUBJECT: A request for the review of a Conditional Use Permit, pursuant to Section 12-16,
Conditional Use Permits, Vail Town Code, for a Child Daycare Center, a Conditional Use
in the General Use (GU) District, located at 330 South Frontage Road West/Charter Bus
Lot/Lot 1, Block 2, Vail Lionshead Filing No. 1, and setting forth details in regard thereto.
(PEC20-0031)
Applicant: Town of Vail, represented by Pierce Austin Architects
Planner: Jonathan Spence
I. SUMMARY
The applicant, the Town of Vail, represented by Pierce Austin Architects, is requesting the
review of a Conditional Use Permit, pursuant to Section 12-16, Conditional Use Permits, Vail
Town Code, for a Child Daycare Center, a Conditional Use in the General Use (GU) District,
located at 330 South Frontage Road West/Charter Bus Lot/Lot 1, Block 2, Vail Lionshead Filing
No. 1.
Based upon Staff’s review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends approval, with a condition, of this application subject to the findings
noted in Section VIII of this memorandum.
On December 28, 2020 the Planning and Environmental Commission continued this
application to January 11, 2021. In its decision to continue, the Commission requested
additional materials on the following items:
1. Relocation of the existing Charter Bis Lot use. The Commission requested
data on the existing use and sites for relocation.
2. Additional information concerning traffic counts, specifically the drop off/pick
up frequency at the existing Children’s Garden of Learning Center.
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3. Information concerning the possible conflict between vehicles leaving the
Lionshead parking Structure and vehicles departing the proposed site for the
Children’s Garden of Learning.
Tom Kassmel, Town Engineer, has provided an amended narrative and traffic memo
regarding these items. Please see the revised attachments.
II. DESCRIPTION OF REQUEST
The applicant, the Town of Vail, is requesting the review of a Conditional Use Permit,
pursuant to Section 12-16, Conditional Use Permits, Vail Town Code, to allow for a
Child Daycare Center at the Charter Bus Lot. This will allow the relocation of the
Children Garden of Learning for a limited period of time anticipated to be 3-5 years.
A vicinity map (Attachment A.), project narrative (Attachment B.), memo concerning
traffic and parking (Attachment C.), project plan set (Attachment D.) and a letter of
support, Maggie Swonger, Director of Operations, CGL (Attachment E.) are included
with this memorandum for review.
III. BACKGROUND
In early 2020, the Town Council directed staff to research potential alternative sites for
the Booth Creek Housing Development in East Vail. The preferred option at this time
would be the development of housing on the existing Children’s Garden of Learning site
adjacent to the Middle Creek Housing Project. Development at this location could be
initiated as early as September 2021, necessitating the relocation of the children’s
center. The Charter Bus Lot has been chosen due its location, access and relative ease
of development. The existing use of oversized vehicles will be relocated to West Vail
south of the Fire Station #3. The Charter Bus Lot property is a part of the Civic Area
planning effort with future development anticipated. The temporary use of the property
for the Children’s Garden of Learning would occur while planning efforts for the Civic
Area continue.
This project has undergone a preliminary review by the Design Review Board. As
conditioned, DRB approval of the new Children’s Garden of Learning campus is
required.
IV. APPLICABLE PLANNING DOCUMENTS
CHAPTER 12-16: CONDITIONAL USE PERMITS (in part)
SECTION 12-16-1: PURPOSE; LIMITATIONS:
In order to provide the flexibility necessary to achieve the objectives of this title,
specified uses are permitted in certain districts subject to the granting of a
Conditional Use Permit. Because of their unusual or special characteristics,
conditional uses require review so that they may be located properly with respect
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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 in 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 insure that the location and operation of the
conditional uses will be in accordance with the 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.
V. SITE ANALYSIS
Address: 330 South Frontage Road West
Legal Description: Lot 1, Block 2, Vail Lionshead Filing No. 1
Zoning: General Use (GU) District
Land Use Plan Designation: Lionshead Redevelopment Master Plan
Current Land Use: Charter Bus Lot
Hazards: None
VI. SURROUNDING LAND USES AND ZONING
Existing Land Use Zoning District
North: South Frontage Road None
South: Medium Density Residential Lionhead Mixed Use I
East: Dobson Ice Arena General Use
West: Lionshead parking Structure General Use
VII. 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.
The Community Development Department finds the proposed use to be consistent with the
development objectives of the Town of Vail. Specifically, the temporary use of the site for
childcare furthers the town’s housing and environmental goals through the relocation of the
Booth Creek Development. The relocation of the Children’s Garden of Learning allows the
development of workforce housing adjacent to the existing Middle Creek housing and the
preservation of the Booth Creek parcel.
The Community Development Department 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 facility’s
needs.
The proposed conditional use will allow the temporary relocation of the childcare facility to
Charter Bus Lot. The use at this location will have minimal effects on light and air, distribution of
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population, transportation facilities, utilities or schools. The relocation of the facility will not result
in any net new impact on the community and its facilities. Please refer to the traffic memo
included as Attachment C. from Town Engineer Tom Kassmel for further details regarding this
criterion.
The Community Development Department 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.
The proposed relocation of the Children’s Garden of Learning will introduce a new traffic
element to the Lionshead Parking Garage site. As detailed in the traffic memo included as
Attachment C, the increase in vehicular traffic during the peak hour is anticipated to be
approximately 12%. This is less than the 20% trigger for a revision to the CDOT access permit.
It is expert opinion of the Town’s Engineer that the use can be safely and successfully
accommodated with recommended improvements including approach lane narrowing and
signage. Planned improvements to the frontage road including a new sidewalk connecting the
Lionshead Garage site to Vail Center will further enhance the accessibility of the site.
The Community Development Department 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 surrounding uses.
The temporary relocation of the Children’s Garden of Learning to the Charter Bus Lot will be
accomplished through the construction of a single story, 4,800 square foot building with
associated site improvements including adequate parking for staff and to accommodate drop
off/pick up and play areas for the children. The scale and bulk of the proposed building is not
anticipated to have any negative visual or operational impacts to surrounding uses. As stated
previously, the proposed relocation site is part of the ongoing Civic Area planning effort with
future development consistent with adopted plans anticipated.
The Community Development Department 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.
The Community Development Department has determined that an environmental impact report
is not required for this proposal.
VIII. RECOMMENDATION
The Community Development Department recommends the Planning and Environmental
Commission approve, with a condition, the Conditional Use to allow for a Child Care Center at
the existing Charter Bus Lot. This recommendation is based upon the review of the criteria
outlined in Section VII of this memorandum and the evidence and testimony presented.
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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 the review of a
Conditional Use Permit, pursuant to Section 12-16, Conditional Use Permits, Vail Town
Code, for a Child Daycare Center, a Conditional Use in the General Use (GU) District,
located at 330 South Frontage Road West/Charter Bus Lot/Lot 1, Block 2, Vail
Lionshead Filing No. 1, and setting forth details in regard thereto. (PEC20-0031)”
Should the Planning and Environmental Commission choose to approve, with a condition, this
conditional use permit, the Community Development Department recommends the Commission
applies the following condition:
1. “Approval of this Conditional Use is contingent upon the applicant obtaining Town of
Vail design review approval for this proposal.”
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 VII of the Staff memorandum to
the Planning and Environmental Commission dated January 11, 2021 and the evidence
and testimony presented, the Planning and Environmental Commission finds:
1. The proposed Conditional Use Permit is in accordance with the purposes of
the General Use (GU) District.
2. The proposed location of the use 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.”
IX. ATTACHMENTS
A. Vicinity Map
B. Project Narrative (Amended)
C. Project Traffic and Parking Memo (Amended)
D. Project Plan Set (Revised)
E. Letter of Support, Maggie Swonger, Director of Operations, CGL