HomeMy WebLinkAboutPEC100015MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 26, 2010
SUBJECT: A request for a recommendation to the Vail Town Council for a prescribed
regulations amendment, pursuant to Section 12 -3 -7, Amendment, Vail
Town Code, to amend Section 12- 14 -20, Commercial Core Construction,
Vail Town Code, to extend the Construction Mitigation Signage Program,
and setting forth details in regard thereto. (PEC100015)
Applicant: Town of Vail
Planner: Rachel Friede
SUMMARY
The applicant, the Town of Vail, is requesting a recommendation to the Vail Town
Council on a text amendment to Section 12- 14 -20, Commercial Core
Construction, Vail Town Code, to extend the commercial core temporary
construction signage for businesses to April 1, 2011.
Staff recommends that the Planning and Environmental Commission forwards a
recommendation of approval, based on the criteria in Section V of this
memorandum. Attached for reference is draft Ordinance No. 8, Series of 2010
(Attachment A).
II. BACKGROUND
On May 3, 2005, the Town Council adopted Section 12- 14 -20, Commercial Core
Construction, Vail Town Code, through Ordinance No. 10, Series of 2005. These
regulations facilitated the installation of temporary construction mitigation signs
and fencing within the Town's commercial areas to lessen the impact of
redevelopment construction on the Town's businesses, residents, and guests.
These regulations were originally set to expire on April 1, 2008, but were
extended to April 1, 2010 by Ordinance No. 4, Series of 2008.
DESCRIPTION OF THE REQUEST
The applicant, the Town of Vail, is proposing amendments to the Town's
regulations of public signage during construction within commercial areas. The
purpose of these text amendments is to grant an extension of these regulations
for one year beyond the April 1, 2010 expiration date currently prescribed by the
Vail Town Code. The extension is needed because streetscape construction is
continuing through the 2010 summer season and signage will help direct guests
to businesses and other activities.
The following are the proposed text amendments, with deletions shown in
strikethro gh and additions in bold:
12- 14 -20: Commercial Core Construction (in part)
C. Termination of Section: The authority granted pursuant to this section shall
terminate on April 1, 201 2011, unless sooner extended or terminated by
separate ordinance of the Council.
IV. APPLICABLE PLANNING DOCUMENTS
A. Title 11, Sign Regulations, Vail Town Code (in part)
11 -1 -2: PURPOSE:
A. General Purpose: These regulations are enacted for the purpose of
promoting the health, safety, morals, and general welfare of the town of
Vail and to promote the coordinated and harmonious design and
placement of signs in the town in a manner that will conserve and
enhance its natural environment and its established character as a resort
and residential community of the highest quality.
B. Specific Purpose: These regulations are intended to achieve the following
specific purposes:
1. To describe and enable the fair and consistent enforcement of
signs in the town of Vail.
2. To encourage the establishment of well designed, creative signs
that enhance the unique character of Vail's village atmosphere.
3. To preserve a successful and high quality business environment
that is aided by signs that identify, direct, and inform.
4. To aid in providing for the growth of an orderly, safe, beautiful, and
viable community.
B. Title 12, Zoning Regulations, Vail Town Code (in part)
12 -1 -2: PURPOSE:
A. General: These regulations are enacted for the purpose of promoting
the health, safety, morals, and general welfare of the town, and to
promote the coordinated and harmonious development of the town in
a manner that will conserve and enhance its natural environment and
its established character as a resort and residential community of high
quality.
B. Specific: These regulations are intended to achieve the following more
specific purposes:
1. To provide for adequate light, air, sanitation, drainage, and
public facilities.
2. To secure safety from fire, panic, flood, avalanche,
accumulation of snow, and other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic
circulation and to lessen congestion in the streets.
4. To promote adequate and appropriately located off street
parking and loading facilities.
5. To conserve and maintain established community qualities
and economic values.
6. To encourage a harmonious, convenient, workable
relationship among land uses, consistent with municipal
development objectives.
7. To prevent excessive population densities and overcrowding
of the land with structures.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides,
and other desirable natural features.
10. To assure adequate open space, recreation opportunities, and
other amenities and facilities conducive to desired living
quarters.
11. To otherwise provide for the growth of an orderly and viable
community.
12 -3 -7: AMENDMENT:
A. Prescription: The regulations prescribed in this title and the
boundaries of the zone districts shown on the official zoning map may
be amended, or repealed by the town council in accordance with the
procedures prescribed in this chapter.
B. Initiation:
1. An amendment of the regulations of this title or a change in
zone district boundaries may be initiated by the town council
on its own motion, by the planning and environmental
commission on its own motion, by petition of any resident or
property owner in the town, or by the administrator.
2. A petition for amendment of the regulations or a change in
zone district boundaries shall be filed on a form to be
prescribed by the administrator. The petition shall include a
summary of the proposed revision of the regulations, or a
complete description of proposed changes in zone district
boundaries and a map indicating the existing and proposed
zone district boundaries. If the petition is for a change in zone
district boundaries, the petition shall include a list of the
owners of all properties within the boundaries of the area to be
rezoned or changed, and the property adjacent thereto. The
owners' list shall include the names of all owners, their mailing
and street addresses, and the legal description of the property
owned by each. Accompanying the list shall be stamped,
addressed envelopes to each owner to be used for the mailing
of the notice of hearing. The petition also shall include such
additional information as prescribed by the administrator.
C. Criteria And Findings:
2. Prescribed Regulations Amendment:
a. Factors, Enumerated: Before acting on an application
for an amendment to the regulations prescribed in
this title, the planning and environmental commission
and town council shall consider the following factors
with respect to the requested text amendment:
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(1) The extent to which the text amendment
furthers the general and specific purposes of
the zoning regulations; and
(2) The extent to which the text amendment would
better implement and better achieve the
applicable elements of the adopted goals,
objectives, and policies outlined in the Vail
comprehensive plan and is compatible with the
development objectives of the town; and
(3) The extent to which the text amendment
demonstrates how conditions have substantially
changed since the adoption of the subject
regulation and how the existing regulation is no
longer appropriate or is inapplicable; and
(4) The extent to which the text amendment
provides a harmonious, convenient, workable
relationship among land use regulations
consistent with municipal development
objectives; and
(5) Such other factors and criteria the planning and
environmental commission and /or council deem
applicable to the proposed text amendment.
b. Necessary Findings: Before recommending and /or
granting an approval of an application for a text
amendment the planning and environmental
commission and the town council shall make the
following findings with respect to the requested
amendment:
(1) That the amendment is consistent with the
applicable elements of the adopted goals,
objectives and policies outlined in the Vail
comprehensive plan and is compatible with the
development objectives of the town; and
(2) That the amendment furthers the general and
specific purposes of the zoning regulations; and
(3) That the amendment promotes the health,
safety, morals, and general welfare of the town
and promotes the coordinated and harmonious
development of the town in a manner that
conserves and enhances its natural
environment and its established character as a
resort and residential community of the highest
quality.
ARTICLE 12 -7B. COMMERCIAL CORE 1 (CC1) DISTRICT
12 -7B -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 zoning 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.
ARTICLE 12 -7H. LIONSHEAD MIXED USE 1 (LMU -1) DISTRICT
12 -7H -1: PURPOSE: The Lionshead mixed use 1 district is intended to
provide sites for a mixture of multiple- family dwellings, lodges, hotels,
fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices,
skier services, and commercial establishments in a clustered, unified
development. Lionshead mixed use 1 district, in accordance with the
Lionshead redevelopment master plan, is intended to ensure adequate
light, air, open space and other amenities appropriate to the permitted
types of buildings and uses and to maintain the desirable qualities of the
zone district by establishing appropriate site development standards. This
zone district is meant to encourage and provide incentives for
redevelopment in accordance with the Lionshead redevelopment master
plan.
This zone district was specifically developed to provide incentives for
properties to redevelop. The ultimate goal of these incentives is to create
an economically vibrant lodging, housing, and commercial core area. The
incentives in this zone district include increases in allowable gross
residential floor area, building height, and density over the previously
established zoning in the Lionshead redevelopment master plan study
area. The primary goal of the incentives is to create economic conditions
favorable to inducing private redevelopment consistent with the
Lionshead redevelopment master plan. Additionally, the incentives are
created to help finance public off site improvements adjacent to
redevelopment projects. With any development /redevelopment proposal
taking advantage of the incentives created herein, the following amenities
will be evaluated: streetscape improvements, pedestrian /bicycle access,
public plaza redevelopment, public art, roadway improvements, and
similar improvements.
12- 14 -20: COMMERCIAL CORE CONSTRUCTION
A. Endorsement: The town council hereby endorses the commercial core
construction mitigation sign and construction fencing package
(available for public inspection at the offices of the town clerk of the
town of Vail).
B. Regulations: In order to facilitate the implementation of the
commercial core construction mitigation sign and construction fencing
package, the following process shall be substituted for the customary
zoning, design review, and sign review as set forth in this code.
1. All temporary signs, construction fencing, and other temporary
improvements which comply with the commercial core
construction mitigation sign and construction fencing package
5
necessary for the mitigation of construction impacts in Vail's
commercial cores shall be administered by the public works
department director or his /her designee.
2. If town staff and a private retailer disagree on the inclusion of
their business signage on the general and direct business
impact mitigation signage, that retailer shall have the right to
appeal the decision of staff to a three (3) person panel
comprised of the town manager, director of public works, and
director of community development. This three (3) person
panel shall have two (2) business days to convene and make
a ruling on the appeal. Should the private retailer still feel that
an incorrect decision was made they can then appeal the
panel's decision to town council. Appeal to town council shall
occur after this code's requirements for appeals are met.
C. Termination Of Section: The authority granted pursuant to this section
shall terminate on April 1, 2010, unless sooner extended or
terminated by separate ordinance of the council.
C. Lionshead Redevelopment Master Plan (in part)
Section 2.3 Policy Objectives
2.3.1 Renewal and Redevelopment: Lionshead can and should be renewed
and redeveloped to become a warmer, more vibrant environment for guests
and residents. Lionshead needs an appealing and coherent identity, a sense
of place, a personality, a purpose, and an improved aesthetic character.
D. Vail Village Master Plan
Section V. Goals, Objectives, Policies and Action Steps
Objective 1.2: Encourage the upgrading and redevelopment of residential
and commercial facilities.
Objective 3.1: Physically improve the existing pedestrian ways by
landscaping and other improvements.
V. REVIEW CRITERIA
1. The extent to which the text amendment furthers the general and
specific purposes of the zoning regulations; and
Staff believes that the text amendment furthers the general and specific
purposes of the zoning regulations, specifically the purpose of "promoting
safe and efficient pedestrian and vehicular traffic circulation" and "to
otherwise provide for the growth of an orderly and viable community." The
amendments will facilitate continued redevelopment and growth while
directing pedestrians to additional businesses beyond construction.
2. The extent to which the text amendment would better implement and
better achieve the applicable elements of the adopted goals, objectives,
0
and policies outlined in the Vail comprehensive plan and is compatible
with the development objectives of the town; and
Staff believes the text amendments further the applicable elements of the Vail
Village Master Plan and Lionshead Redevelopment Master Plan that call for
facilitation of redevelopment and growth. The extension of the signage
program will allow for a more organized and informed public to move through
and around construction projects, which is also a goal of the Town of Vail.
3. The extent to which the text amendment demonstrates how conditions
have substantially changed since the adoption of the subject regulation
and how the existing regulation is no longer appropriate or is
inapplicable; and
These supplemental regulations concerning construction in the commercial
cores were originally adopted in the spring of 2005, at the beginning of Vail's
Renewal. These original regulations were intended to help mitigate the
numerous anticipated redevelopment and streetscape projects in Vail Village
and Lionshead. The expiration was extended from April 1, 2008 to April 1,
2010 in order to accommodate the needs of private and public projects,
including Landmark, Lion Square Lodge North, Rucksack, and Solaris.
Conditions have continued to change, with projects such as Solaris still under
construction and new streetscape projects underway in Vail Village and
Lionshead. Staff believes that conditions in construction have changed
enough to necessitate the adoption of the proposed regulations.
4. The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use regulations
consistent with municipal development objectives; and
Staff believes that the proposed text amendment will continue to provide a
workable relationship between construction projects and the public. These
amendments are a response to the pace of construction within the core
areas. Creating an undisturbed environment for guests is an essential
objective of the Town during redevelopment.
5. Such other factors and criteria the planning and environmental
commission and /or council deem applicable to the proposed text
amendment.
VI. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission forward a recommendation of approval to the Vail
Town Council, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to
amend Section 12- 14 -20, Commercial Core Construction, Vail Town Code, to
extend the Construction Mitigation Signage Program, and setting forth details in
regard thereto.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, the Community Development Department
recommends the Commission pass the following motion:
"The Planning and Environmental Commission forwards a
recommendation of approval to the Vail Town Council, pursuant to
Section 12 -3 -7, Amendment, Vail Town Code, to amend Section 12 -14-
20, Commercial Core Construction, Vail Town Code, to extend the
Construction Mitigation Signage Program, and setting forth details in
regard thereto."
Should the Planning and Environmental Commission Town Council choose to
forward a recommendation of approval, the Community Development
Department recommends the Commission makes the following findings:
"Based on a review of the criteria in Section V of Staffs April 26, 2010
memorandum to the Planning and Environmental Commission and the
evidence and testimony presented, the Planning and Environmental
Commission makes the following findings:
That the amendments are consistent with the applicable elements of
the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development
objectives of the Town; and
2. That the amendments further the general and specific purposes of
Zoning Regulations; and
3. That the amendments promote the health, safety, morals, and general
welfare of the Town and promote the coordinated and harmonious
development of the Town in a manner that conserves and enhances
its natural environment and its established character as a resort and
residential community of the highest quality. "
VII. ATTACHMENTS
A. Draft Ordinance No. 8, Series of 2010
Planning and Environmental Commisson
ACTION FORM
EnwvAl
Dopar bnent of Community Development
75 South Fra rrtiage load, Vail, Colorado 81657
tel: 970.479.2139 fax: 970.479.2452
web: www.vailgov.com
Project Name: TEXT AMENDMENT 12 -14 -20 PEC Number: PEC100015
Project Description:
Participants:
AMEND CONSTRUCTION MITIGATION SIGNAGE PROGRAM SECTION 12 -14 -20 TO EXTEND
PROGRAM TO APRIL 1, 2011
OWNER VAIL COLORADO MUNICIPAL BLDG 03/24/2010
75 S FRONTAGE RD
VAIL
CO 81657
APPLICANT VAIL COLORADO MUNICIPAL BLDG 03/24/2010
75 S FRONTAGE RD
VAIL
CO 81657
Project Address: 75 S FRONTAGE RD W VAIL Location:
Legal Description: Lot: Block: Subdivision: R.O.W.
Parcel Number: 2101- 064 - 0000 -3
Comments:
BOARD /STAFF ACTION
Motion By: KURZ Action: APPROVED
Second By: PALADINO
Vote: 6 -0 -0 Date of Approval: 04/28/2010
Conditions:
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and /or the appropriate review committee(s).
Planner: RACHEL FRIEDE PEC Fee Paid: $0.00
Planning and Environmental Commission
General Information: An amendment of the zoning regulations or change in zone district boundaries may be initi-
ated by the Town Council, by the Planning and Environmental Commission, by petition of any resident or property owner
in the Town, or by the Administrator. Required criteria and findings for such petition are stated in Section 12 -3 -7C, Vail
Town Code. Relevant sections of the Vail Town Code can be found on the Town's website at www.vailgov.com. The
proposed project may also require other permits or applications and /or review by the Design Review Board and /or Town
Council.
Fee: $1300
Description of the Request:
Physical Address: c
Parcel Number: 0I0b4 00 0 y
(Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.)
Property Owner:
Mailing Address:
Owner's Signature:
c
Primary Contact/ Owner Representative:
Mailing Address:
E -Mail: 0V COM Fax:
Phone: `1 — H 3-9 - 2-" d
For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Auth # Check #
Fee Paid: F 1 YC Received From:
Meeting Date: PEC No.: Poob K
Planner: Project No: MMO -1 � 71� 9 nU2 7M._
Zoning
Land Use:
Location of the Proposal: Lot: Block: Subdivision: -r*-
1 k W
OF V
Amendment to District Boundaries (Rezoning) or Zoning Ordinance
Application for Review by the